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HomeMy WebLinkAbout11/02/2010 06 Cameo Court at Apple Tree - Preliminary Plat and Master Planned Development • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of November 2, 2010 ITEM TITLE "Closed Record" public hearing to consider the Hearing Examiner's recommendation on the Preliminary Plat and Master Planned Development of Cameo Court at Apple Tree SUBMITTED BY Michael A. Morales, Director of Community & Economic Development CONTACT PERSON /TELEPHONE Joseph Calhoun, Assistant Planner, 509 - 575 -6162 SUMMARY EXPLANATION Cameo Court at Apple Tree is a planned development / preliminary long plat that will subdivide approximately 9 4 acres of land into 39 lots The proposal is for a Master Planned Development to allow a portion of the project to be a private /gated subdivision, which requires that the City enter into a Development Agreement with the applicant. An "Open Record" public hearing was held on September 9, 2010, and the Hearing Examiner issued his written recommendation for approval of this application, subject to conditions, on III September 27, 2010 It is anticipated that some concerned Apple Tree residents may show up and request that this application be remanded to the Hearing Examiner for clarification on private amenity issues between the Cameo Court development and the existing Apple Tree development. Resolution Ordinance,Contract Other Hearing Examiner's Recommendation, Preliminary Plat Funding Source Approval For Submittal .:� N City Manager STAFF RECOMMENDATION Accept the Hearing Examiner's recommendation and direct the legal department to draft the appropriate legislation BOARD RECOMMENDATION Hearing Examiner recommended approval of this Master Planned Development and Preliminary Plat, subject to conditions, on September 27, 2010 COUNCIL ACTION II) 1 1 APPLETREE DEVELOPMENT "CAMEO COURT" PLP #004 -10, VAR #002 -10, SEPA #021 -10, PD #002 -10 City Council Closed Record Public Hearing November 2, 2010 EXHIBIT LIST 1 Applicant. Apple Tree Development File Number PLP #004 -10, SEPA #021 -10, VAR #002 -10, PD #002 -10 Site Address 8709 Coolidge Road Staff Contact Joseph Calhoun, Assistant Planner 1 Table of Contents 1 CHAPTER AA Hearing Examiner's Recommendation 1 CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Preliminary Plat — Cameo Court CHAPTER D DST Review & Agency comments 1 CHAPTER E SEPA Checklist 1 CHAPTER F Applications CHAPTER G Public Notices CHAPTER H Public Comments 1 1 1 1 APPLETREE DEVELOPMENT "CAMEO COURT" PLP#004-10 VAR#002-10 SEPA#021-10 PD#002-10 9 9 1 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation 1 1QQ(p,, . , 1(3 - 4 4,`,^ w•-44 ' r 4i; PV,4144 Nat* , 1 AA-1 Hearing Examiner's Recommendation 09/27/2010 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _ 1 CITY OF YAKIMA, WASHINGTON III HEARING EXAMINER'S RECOMMENDATION September 27, 2010 1 I In the Matter of a Preliminary Plat and ) Master Planned Development ) Application Submitted by: ) 1 ) PLP #004 -10 Apple Tree Development, LLC ) PD #002 -10 ) VAR #002 -10 I For a 39 -Lot Preliminary Plat and ) SEPA #021 -10 Master Planned Development to be ) I Located at 8709 Coolidge Road and ) Named "Cameo Court at Apple Tree" ) 1 A. Introduction. The preliminary findings relative to the hearing process for this 1 application may be summarized as follows I (1) The Hearing Examiner conducted an open record public hearing on September 9, 2010 (2) The staff report presented by Assistant Planner Joseph Calhoun recommended 1 approval of this preliminary plat and master planned development subject to enumerated conditions I (3) The applicant's representative for this project, Glen Durull, indicated that this project which has received a favorable recommendation from the Planning Division will help stimulate fobs and the local real estate market. .1 (4) The applicant's project engineer for this project, Dennis Whitcher of Huibtregtse, Louman Associates, Inc., testified about details of this proposal and 1 requested clarification as to several recommended street improvement requirements 1 Apple Tree Development 1 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" 1 PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. INDEX 1 1 1 (5) No other testimony and no written comments from the public were submitted relative to this proposal (6) The record was closed except for receipt of additional written clarification of the recommended condition regarding the applicant's obligations in the event that the private streets are ever made public That information relative to removal of the gate in that event was received from Mr Calhoun by means of an e-mail dated September 13, 2010, which will be included in the record for this matter (7) This recommendation has been issued within ten business days of receipt of the information submitted by Mr Calhoun on September 13, 2010 1 B. Summary of Recommendation. The Hearing Examiner recommends approval of this preliminary plat and master planned development subject to conditions. C. Basis for Recommendation. Based on a view of the site with no one else present 1 on September 6, 2010, the staff report, exhibits, testimony and other evidence presented at the open record public hearing on September 9, 2010, the conditions of the SEPA 1 MDNS dated August 19, 2010, which became final without an appeal, the information submitted by Mr Calhoun on September 13, 2010, and a consideration of the applicable 1 subdivision requirements, development standards and consistency criteria, the Hearing Examiner makes the following: 1 FINDINGS 1 1 I. Applicant. The applicant is Apple Tree Development, LLC, 2550 Borton Road, Yakima, Washington. 1 1 Apple Tree Development 2 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DO C° INDEX 1 ' II. Location. The location of the proposal is at the northeast corner of the intersection of Coolidge. Road and South 88 Avenue at 8709 Coolidge Road The Assessor's Tax Parcel numbers are 181331 -42003 and 42004 III. Application. This application includes the following preliminary plat and master planned development features (1) approximately A subdivision of a roximately 9 4 acres of Single- Family Residential (R -1) property into 39 single - family residential lots is proposed. There would be 14 lots in Phase 1, 11 lots in Phase 2 and 14 lots in Phase 3 which would comply with the minimum 7,000 - square -foot lot size requirement and all other R -1 zoning district requirements ' The lots would range in size from 7,200 square feet to 9,600 square feet in size and result in about 5 2 dwelling units per net residential acre (2) A master planned development application has been submitted in order to allow 87 Avenue and two cul -de -sacs therefrom to be private, gated streets. (3) A variance application has been submitted in order to allow the planned ' development to be 9 4 acres in size rather than the minimum 10 -acre size required by the zoning ordinance IV. Notices. The application was subject to a requirement for public notification 1 followed by a 20 -day comment period. During the comment period any person had the right to comment on this application and become a party of record to the review process No written public comments were submitted. Notices of the application and public ' hearing were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC) They include the following ' Publishing of Notice of Application and Hearing July 23, 2010 Mailing of Notice of Application and Hearing. July 23, 2010 Posting of Land Use Action Sign on the Property July 26, 2010 Apple Tree Development 3 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" ' PLP #004 -10; PD #002 -10; VAR #002 -10 ® ®C. INDEX AA -I 1 1 V. Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsignificance (MDNS) under File No SEPA #021 -10 on August 19, 2010, which became final without an appeal and which required the following mitigation measures "(1) A NPDES Construction Stormwater General Permit from the Washington 1 State Dept. of Ecology is required The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. (2) The soils shall be sampled and analyzed for lead and arsenic and for organochlorine pesticides If contaminants are found at concentrations above the MTCA clean -up levels Ecology recommends that potential buyers are notified of their occurrence (3) Complete stormwater design plans, specifications and runoff /storage calculations supporting the stormwater design are required to be submitted to the Surface 1 Water Engineer pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards UIC wells, if used, shall be registered with DOE (4) A dust control plan is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima Code 1 Administration prior to the commencement of site preparation. (5) An 8 -inch main line for public water shall be extended from the intersection of South 88 Avenue and Coolidge Road to serve the development. Plans shall be developed in conjunction with Nob Hill Water and submitted to the City of Yakima Engineering Department. 1 (6) Sanitary sewer is required to be extended to and through the development. Plans shall be submitted to the City of Yakima Engineering Department. 1 (7) During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction." 1 Apple Tree Development 4 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. INDEX 1 ' VI. Transportation Capacity Management Ordinance Review. Transportation Concurrency Analysis was completed on August 6, 2010 It indicated that this 1 development will not exceed the PM peak hour capacity of the City's arterial street system and that reserve capacity exists on all streets impacted by this development. The 1 project is expected to generate 39 PM Peak Hour Trips VII. Development Services Team and Public Agency Comments. The 1 Development Services Team met on July 14, 2010 The following comments were submitted by the Development Services Team and by public agencies regarding this 1 proposal (1) Code Administration. Ron Melcher has already met with Nob Hill Water 1 Company to suggest locations of new fire hydrants. Plan review, permits and inspections are required prior to occupancy of any structures Preliminary addressing has been assigned to the lots That preliminary addressing will be shown on the face of the plat 1 with a note prescribed in the recommended conditions (2) Engineering. The developer is proposing to create 39 new building lots This 1 development is required to have full frontage improvements per Title 12 standards Coolidge Road is required to have full height curb, gutter and 5- foot -wide sidewalks from 88 Avenue to the east property line of Phase 3 on the north side of Coolidge Road. ' Either 50 feet of public nght -of -way, or right -of -way to the cut or fill slope if the cut or fill extends past the 50 feet, or retaining walls at the nght -of -way, will be required. 87 ' Avenue will be a private road along with the cul -de -sacs within the development. Private roads are required to be built to City of Yakima standards These roadways require curb, gutter and 5- foot -wide sidewalks on both sides from Coolidge Road to the north and 1 around both cul -de -sacs in the development. This will be a private roadway not maintained by the City of Yakima. A 16- foot -wide utility, easement is required to be dedicated around public utilities for maintenance purposes. 86 Avenue is required to t have full height curb, gutter and 5- foot -wide sidewalks from Coolidge Road to the north property line of Phase 3 A 50- foot -wide public right -of -way is required. 5- foot -wide sidewalks on both sides are required The public right -of -ways will extend to the cut or fill slopes where needed, or to retaining walls at the right -of -way Street lighting is 1 Apple Tree Development 5 39 -Lot Plat at 8709 Coolidge Road "Cameo Court a Apple Tree" ���` PLP #004 -10; PD #002 -10; VAR #002 -10 INDEX A4 -1 1 1 1 required at all street intersections or at mid -block if the block is over 500 feet long. Sewer is provided by the City of Yakima and is required to serve each newly established lot with public sewer Sewer is required to be extended to and through the development on 86 Avenue to the north and on Coolidge Road to the east. Water is provided by Nob 1 Hill Water Association and is required to serve each newly established lot with public water All stormwater is required to be retained onsite In addition to these initial comments, it was concluded at a meeting on July 30, 2010, that improvements to 88 Avenue will not be required. This development will not access or use 88 Avenue. Five feet of nght -of -way will be dedicated for future improvements 88 Avenue is currently chip- sealed. If construction activities damage the surface, the applicant may be required to repair the damage It was agreed that the right -of -way dedication for 86 Avenue will be completed when the first Final Plat phase is brought in. Present at the meeting were the applicant and staff representatives from the Legal, Engineering, Wastewater and Planning divisions (3) Stormwater: The applicant states that stormwater will be contained and 1 disposed of using swales or subsurface infiltration. If subsurface infiltration is used, the applicant must be aware that pretreatment for solids is required. This can be accomplished by having the solids settle out in a swale or through the use of hydrodynamic separation. These are acceptable methods of handling runoff if designed properly Complete stormwater design plans, specifications and runoff /storage 1 calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. (4) Traffic Engineering. The final determination was that the right -of -way for 86 Avenue will be 50 feet wide and the street will be 36 feet wide from curb to curb This will provide two travel lanes with parking for the present and allow three lanes 1 without parking in the future if needed. The number of dnveways onto 86 should be limited to the fullest possible extent. If driveways cannot be shared between parcels, then they should be paired to maximize spacing between driveways No direct driveway access to Coolidge Road should be allowed [except for the shared driveway for Lots 3 and 4 of Phase 1 shown on the proposed preliminary plat] Streetlights must be installed. [One must be installed on the north side of the intersection of 88 Avenue and Coolidge Road, one on the north side of the intersection of 87 Avenue and Coolidge Road, and one on the north side of the intersection of 86 Avenue and Coolidge Road] 1 (5) Water: Nob Hill Water Association (NHW) will require an 8 -inch main line to be extended from the intersection of South 88 Avenue and Coolidge Road. Once this is completed, NHW will have 1,000 gpm at 20 psi residual pressure NHW will work Apple Tree Development 6 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC tN I 1 1 1 with the developer and City of Yakima codes to determine fire hydrant placement and spacing requirements. If a developer has irrigation shares available to the property, NHW works with developers to ensure that the irrigation shares are utilized by installing 1 and maintaining an irrigation system within the development, paid for by the developer NHW will then operate and maintain the system and bill the customers according to the ' square footage of the lot. To avoid conflicts when NHW installs a new meter in a private gated community, NHW will need either a set of as -built plans for the streetlights or have a contact person who can locate the lines surrounding the private streetlights 1 (6) Irrigation Water (Yakima - Tieton Irrigation District). Since Parcel Number 181331 -42003 is within the Yakima - Tieton Irrigation District boundary and has 9.20 shares of Yakima - Tieton irrigation water, "Irrigation Approval" will have to be shown on ' the face of the plat. The applicant will need to comply with Yakima - Tieton Irrigation District Resolution 97 -5 Appropriate easements will have to be shown on the mylar 1 (7) Department of Ecology. An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that a ' Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's 1 actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to ' RCW § 90 03.380 and RCW § 90 44 100 If water is used for dust suppression, it must be obtained legally A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day 1 (8) Yakima Regional Clean Air Agency (YRCAA). Any contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust ' Control Plan with YRCAA and get approval prior to the start of any of the work. Burning is prohibited at all times during . land clearing in this location. 1 1 Apple Tree Development 7 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" ' PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. INDEX ' AA- 1 1 1 VIII. Zoning and Land Use. The property within the proposed preliminary plat and master planned development is zoned Smgle - Family Residential (R -1) There is currently a model home on the western part of the property and an orchard on the eastern 1 part of the property Adjacent properties are all zoned R -1 and contain residential land uses or vacant land. Parcels to the north and east are outside the Yakima city limits 1 IX. Jurisdiction. Sections 1 43 080, 14 05 050, 14.20 100 and 15.28 040 of the Yakima Municipal Code (YMC) provide that the Hearing Examiner shall hold a public 1 hearing and submit a recommendation to the City Council relative to the subdivision criteria listed in Section 14.20 100 of the YMC and in Chapter 58 17 of the Revised Code 1 of Washington and relative to the master planned development criteria hsted in Subsection 15.28 040(D) of the UAZO 1 X. Preliminary Plat Review Criteria. Section 14.20 100 of the YMC provides that the Hearing Examiner shall review a proposed preliminary plat during an open record 1 public hearing to inquire into and determine whether or not the following criteria are satisfied. 1 (1) Subsection 14.20.100(A)(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance: A determination of consistency with the provisions of the City's Urban Area Zoning Ordinance involves a consideration of the following aspects of the UAZO (a) Consistency with Intent of R -1 Zoning District: Subsection 15 03 020(B) of the Urban Area Zoning Ordinance (UAZO) indicates that the intent of the Single - Family Residential (R -1) zoning district is to establish and preserve residential neighborhoods for detached single - family dwellings and to locate 1 Apple Tree Development 8 ' 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. INDEX 1 1 moderate - density residential development up to 7 dwelling units per net residential acre in areas served by public water and public sewer The residential density within this proposed preliminary plat is only 5.2 dwelling units per net residential ' acre. The R -1 district is intended to have not more than 45% lot coverage, access to individual lots by local access streets, large front, rear and side setbacks, and t one or two story structures All proposed development in the plat will meet the 45% lot coverage requirement, all lots will have access to a private or public street meeting City street standards, and all lots will have at least the standard front yard ' setback, side yard setback and rear yard setback. These features indicate that the proposed preliminary plat and residential planned development will be consistent with the intent of the R -1 zoning district. 1 (b) Consistency with Intent of Master Planned Development Provisions. Subsection 15.28 O10(A) of the UAZO states that planned development regulations are intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and /or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities A residential master planned development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant ' common open space and recreational facilities, or other areas or facilities A residential master planned development is authorized in any residential zone. It ' allows gated, private streets and other facilities, which is the reason why this planned development application has been submitted. The proposed preliminary plat is consistent with the intent of the master planned development provisions. 1 (c) Consistency with the development standards of the R -1 zoning district: No adjustments or variances from the R -1 zoning district development standards are ' being requested. The proposed preliminary plat and master planned development will comply with the 45% maximum lot coverage limitation, the applicable setback standards, the 35 -foot maximum height limitation, the seven - unit - per -acre ' maximum residential density limitation, and all other development standards of the R -1 zoning district. ' (2) Subsection 14.20.100(A)(2) -- Consistency with the provisions of the Comprehensive Plan: The City's Future Land Use Map and Comprehensive Plan 1 designate the property within the proposed preliminary plat as suitable for low density 1 Apple Tree Development 9 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" ' PLP #004 -10; PD #002 -10; VAR #002 -10 DOCm 6NDEX 1 1 1 residential development. This proposed preliminary plat is consistent with that 1 designation and is also consistent with other provisions of the Comprehensive Plan that encourage infilling, recognize the need for public water and sewer, encourage disposal of 1 surface drainage on -site and encourage development consistent with the general land use pattern in the area. The density of development will be less than 7 dwelling units per 1 acre Specifically, the proposal is consistent with the following goals and policies of the City's Comprehensive Plan (a) Goal 3.2 which is to build sustainable new neighborhoods I (b) Policy 3.2 1 which, for large -scale residential projects, is to encourage development through Residential Planned Development (Residential PD) zone (c) Goal 3.3 which is to preserve existing neighborhoods I (d) Policy 3.3.2 which is to ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. 1 (3) Subsection 14.20.100(A)(3) -- Consistency with the provisions of this title, I Title 14 entitled "Subdivision Ordinance ": As proposed and with the recommended conditions, this proposed preliminary plat would meet all the design requirements in 1 Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards This review and the recommended conditions are intended to ensure 1 consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances 1 (4) Subsection 14.20.100(A)(4)(a) — Appropriate provisions for public health, I safety and general welfare: The construction of new residential units which will complement adjacent uses will promote the public health, safety and general welfare 1 insofar as there is a need in this community for single - family residences and insofar as this proposed preliminary plat would be required to comply with all applicable City 1 Apple Tree Development 10 1 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC 1 INDEX -i 1 1 1 development standards, all mitigation measures in the SEPA MDNS and all conditions of approval specified by the City Council. (5) Subsection 14.20.100(A)(4)(b) — Appropriate provisions for open spaces: The lot coverage estimated in the SEPA Checklist will be about 35% Building setbacks for the R -1 zoning district will provide open space. The proposed preliminary plat shows a landscaped open space area of about 9,200 square feet set aside for common area and storm drainage disposal The applicant's narrative description indicates that homeowners in this subdivision will have access to the Apple Tree Golf Course and neighboring amenities such as swimming pools and family areas. These features of the proposed ' preliminary plat will constitute appropriate provisions for open spaces (6) Subsection 14.20.100(A)(4)(c) — Appropriate provisions for drainage ways: Stormwater will be contained and disposed of using landscaped swales or ' subsurface infiltration. Stormwater from homes will be directed onto landscaped areas on each lot. The SEPA MDNS requires that complete stormwater design plans, 1 specifications and runoff /storage calculations must be submitted pursuant to the Eastern Washington Stormwater Manual and the City of Yakima standards These features and 1 conditions will constitute appropriate drainage provisions for this preliminary plat. ' (7) Subsection 14.20.100(A)(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways: The applicant will construct private streets for 1 Phases 1 and 2 of the proposed preliminary plat. South 87 Avenue will be gated. Cameo Court and Cameo Place will be cul -de -sacs off of South 87 Avenue. The private ' streets will comply with City standards relative to curb, gutter, 5- foot -wide sidewalks on both sides and streetlights from Coolidge Road to the north and around both cul -de -sacs ' The applicant will construct South 86 Avenue as a public street for Phase 3 of the Apple Tree Development 11 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" 1 PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. INDEX preliminary plat which will have 50 feet of right -of -way, 36 feet of roadway curb to curb, 1 full height curbs, gutters, 5- foot -wide sidewalks on both sides and any other improvements required by City street standards The applicant will also construct a full height curb, gutter and 5- foot -wide sidewalk on the north side of Coolidge Road from 88 Avenue to the east property line of Phase 3 Right -of -way of 50 feet, or to the cut or fill slope if that extends past the 50 feet, or to retaining walls, is required. The applicant will install three streetlights on the north side of Coolidge Road -- one at each of the intersections of 88 Avenue, 87 Avenue and 86 Avenue with Coolidge Road. The City has agreed to install the remainder of Coolidge Road from 88 to 84 Avenues The Y g $ applicant will dedicate five feet of right -of -way along South 88 Avenue for the future 1 improvement of that street. Frontage improvements for that street will not be required of the applicant because the development will not access or use that street. The required 1 street Improvements will make appropriate provisions for streets in the preliminary plat. (8) Subsection 14.20.100(A)(4)(e) — Appropriate provisions for transit stops: The nearest bus stop is located at Nob Hill Boulevard and South 72 Avenue about two miles east of the proposed preliminary plat. Appropriate provisions will be made for transit stops for the area of the proposed preliminary plat as the need arises 1 (9) Subsection 14.20.100(A)(4)(f) — Appropriate provisions for potable water supplies, irrigation and other water suppliers: All lots will be served with public 1 domestic water and water for fire protection purposes by the Nob Hill Water Association (NHW) The applicant will extend an 8 -inch main line from 88 Avenue and Coolidge Road to the lots NHW will work with the applicant and the City of Yakima codes to determine fire hydrant placement and spacing requirements. One of the parcels within the proposed preliminary plat has 9.2 shares of irrigation water The applicant will be Apple Tree Development 12 1 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. 1 INDEX # AA-1 1 1 1 able to install an irrigation system which NHW will operate and maintain by billing customers according to the square footage of the lots These measures will make 1 appropriate provisions for potable water and irrigation water for this preliminary plat. ' (10) Subsection 14.20.100(A)(4)(g) — Appropriate provisions for sanitary waste disposal: There will be appropnate provisions for sanitary waste disposal for the 1 proposed preliminary plat in the form of City of Yakima public sewer service provided in accordance with the City's Title 12 standards The applicant will extend sewer lines to 1 and through the proposed preliminary plat on Coolidge Road to the east and on South 86 Avenue to the north. (11) Subsection 14.20.100(A)(4)(h) — Appropriate provisions for parks and recreation. Appropriate provisions for parks and recreation areas for this proposed preliminary plat exist due to the fact that nearby neighborhood amenities such as 1 swimming pools and family areas will be available to homeowners in this proposed preliminary plat and the fact that West Valley Neighborhood Park is located in the West Valley area. 1 (12) Subsection 14.20.100(A)(4)(i) — Appropriate provisions for playgrounds: Appropriate provisions for playgrounds exist within this proposed preliminary plat due to 1 the size of the lots and the nearby neighborhood amenities such as swimming pools and family areas which will be available to the homeowners ' (13) Subsection 14.20.100(A)(4)(j) — Appropriate provisions for schools and 1 schoolgrounds: The nature of this development, the existence of West Valley High School and other schools in the West Valley area, and the absence of comments from the 1 1 Apple Tree Development 13 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" ,,��aa ' PLP #004 -10; PD #002 -10; VAR #002 -10 D INDEX 1 1 School District to suggest that this preliminary plat will lack appropriate provisions for 1 schools and schoolgrounds satisfy this requirement. (14) Subsection 14.20.100(A)(4)(k) — Appropriate provisions for sidewalks: Since the proposed preliminary plat will have sidewalks along its frontage on Coolidge Road and will have interior sidewalks along its private and public streets, the proposed preliminary plat makes appropriate provisions for sidewalks. 1 (15) Subsection 14.20.100(A)(4)(1) — Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school: There was no evidence presented at the hearing of a need for other planning features to be provided within this preliminary plat in order to make appropriate provisions for safe walking conditions for students who walk to and from school (16) Subsection 14.20.100(A)(5) — Public use and interest: The evidence indicated that this proposed preliminary plat will serve the public use and interest. It will be consistent with neighboring land uses and will help serve the residential needs of this area. With the recommended conditions, it will comply with the City's zoning ordinance, 1 Comprehensive Plan and subdivision ordinance It will also make appropriate and adequate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks It is of a design and in a location where additional provisions for parks, playgrounds, schools or separate walking paths to school have not been recommended or deemed 1 necessary 1 XI. Master Planned Development Review Criteria. Subsection 15.28 040(D) of the UAZO provides that the Hearing Examiner shall review a proposed master planned Apple Tree Development 14 1 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 ® ®C. INDEX # 1 1 1 development during an open record public hearing to inquire into and determine whether or not the following criteria are satisfied (1) The master plan development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan 1 for the site: The proposed development is consistent with the R -1 zoning district and the Low Density Residential future land use designation. The proposed lot sizes and lot widths conform to the minimum standards of the R -1 zone for lot size (7,000 square feet) 1 and lot width (50 feet wide) The development will be completed in three phases Phases 1 and 2 will be gated and contain private streets. Phase 3 will contain a public street. Q The proposed development is an integrated, consistent, economic and efficient use of land. (2) The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning; to implement project design and concepts; to respond to market 111 conditions, or to otherwise achieve the public benefits contemplated by the concept plan: The proposed single - family homes within the planned development would be consistent and compatible with adjacent residential land uses The site design is typical of a residential neighborhood with lot sizes that are consistent with the proposed use and with private and public streets that meet City Standards. There are no requested deviations from development standards The streets are acceptable to City Engineering. 1 The only reason for the master planned development application is to allow private, gated streets within the proposed preliminary plat. 1 (3) Consideration shall be given to "low impact development" concepts: " Low Impact Development" is defined m Section 15 02 020 of the UAZO as stormwater management and land development strategies that emphasize conservation and use of r existing natural site features integrated with disturbed, small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings. This project adheres to the definition of low impact development by retaining stormwater onsite. The proposed lot density of 5.2 dwelling units per net residential acre, the estimated 35% lot coverage, and the open space for a storm drainage swale will ensure that stormwater 1 facilities will be adequate Apple Tree Development 15 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" ® ® � a 1 PLP #004 -10; PD #002 -10; VAR #002 -10 INDEX 1 1 1 (4) There will be adequate infrastructure capacity available by the time each 1 phase of development is completed: This project is proposed to be completed in three phases Utilities and infrastructure will be provided for each phase of development by the time it is completed. t (5) The Master Planned Development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate ' conflicts between the Master Planned Development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features or techniques: The proposed project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to R -1 zoning district standards are being requested (6) All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent r reasonable and practical: This requirement has been satisfied. The SEPA MDNS dated August 19, 2010, contains findings and mitigation measures dealing with noise, light, glare and traffic A Transportation Concurrency Analysis was completed on August 6, 2010 The analysis concluded that the project will be expected to generate 39 PM peak hour trips and that reserve capacity exists on all impacted streets ' (7) The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, and results in the functional and visual appearance of one integrated project: The project is for a private, gated master planned development. Open space for drainage is included. Sidewalks are provided on both sides of the interior streets The project will have the visual appearance of an integrated project. (8) The proposed project is not adverse to the public health, safety, or welfare: The mitigation measures of the SEPA MDNS dated August 19, 2010, along with the recommended conditions, mitigate any identified adverse impacts to the public health, safety or welfare (9) The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district: There are no modifications being requested to the development standards of the R -1 zoning district. (10) The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the Apple Tree Development 16 1 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 ® ®C. INDEX 1 1 1 appropriate jurisdiction: This criterion does not apply The subject property does not contain and is not adjacent to Shorelines or Critical Areas. (11) The need for a Development Agreement required by Section 15.28.050 of the UAZO containing a narrative description of the project and objectives; a summary of development standards; site plan elements; development phasing, 1 including times of performance to preserve vesting; public meeting summaries; performance standards and conditions addressing the above items; criteria for determining Major vs. Minor modifications and amendments; and property owner signatures ((Subsection 15.28.030(B)(5) of the UAZO)): The draft Development Agreement submitted as part of the master planned development application must be 1 modified, as necessary, to include a summary of the September 9, 2010, public hearing and future public meetings and /or hearings. The Minor Modifications section on page 5 of the draft agreement must be modified so that Minor Modifications undergo a Type (2) 1 Review as required by Section 15.28 080 of the UAZO rather than a Type (1) Review 1 XII. Master Planned Development Variance Review Criteria. The applicant is requesting a variance from Section 15.28 025 of the UAZO The requested variance is to 1 allow a reduced minimum project size for a master planned development from the 10- acre minimum to 9 4 acres The purpose of Chapter 15.21 of the UAZO is to empower 1 the Hearing Examiner to vary the strict application of any of the requirements of the 1 zoning ordinance The criteria for a variance are set forth in Section 15.21 030 of the UAZO The applicant is required to clearly establish and substantiate that the requested 1 variance conforms to all of the following standards (1) That granting the variance will be consistent with the general purpose 1 and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare: Granting of this variance would be consistent with the general purpose and intent of the Urban Area Zoning Ordinance It would allow a 1 . single- family residential development in the Single- Family Residential zoning district which complies with all R -1 zoning district development standards No injury to the ' neighborhood or detriment to the public welfare would result from allowing the proposed master planned development of 9 4 acres rather than 10 acres 1 Apple Tree Development 17 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" ' PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. "NDEX 1 1 (2) That granting the variance will not permit the establishment of any use not permitted in a particular zoning district: The proposed use of single - family homes is permitted outright as a Class (1) use in the R -1 zoning district. No uses that are not permitted in the R -1 zoning district would be allowed as a result of this variance. 1 (3) That unique circumstances exist. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures and not generally applicable to land or structures in the neighborhood. The special circumstance or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure: Unique circumstances do exist. The subject property contains approximately 9 4 acres of land. It is likely that the subject property contained the required 10 acres for a planned development prior to dedication of right -of -way for Coolidge Road and South 88 Avenue. Strict application of the 10 -acre standard would deprive the applicant of a reasonable use of the land because it would preclude private, gated streets on a portion of the property which would be consistent with portions of the existing Apple Tree residential development to the south. 1 (4) That unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self - created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must be suffered directly by the property in question, and evidence of variance granted under similar circumstances shall not be considered. Neither nonconforming uses nor neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance: An unnecessary hardship does exist. Lesser cost would not result if this variance is granted. If anything, granting of the variance will result m greater development cost for the applicant for the gate system and maintenance of the private streets. The hardship is not self - created as the property has decreased in size as a result of land dedication for public projects 1 (5) That granting of the variance is necessary for the reasonable use of the land or structure: Granting of the requested variance is necessary to utilize private, gated streets for a portion of the project which is a reasonable use of the property (6) That the variance as granted by the Hearing Examiner is the minimum variance that will accomplish this purpose: The requested variance of 0 6 of an acre in r Apple Tree Development 18 ' 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. INDEX / QM -I 1 111 11 size is the minimum variance that would accomplish the purpose of allowing this 9 4 -acre site to be developed as a master planned development which i& required to be 10 acres in size absent approval of a variance XIII. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the consistency of the preliminary plat and master planned development with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code During project review, neither the City nor any subsequent reviewing body may re- examine alternatives to, or 1 hear appeals on, the items identified in these conclusions except for issues of code interpretation. The consistency criteria are (1) The type of land use contemplated by the proposal (a single- family ' residential development) is allowed as a Class (1) use permitted outright on this site so long as it complies with the conditions of the SEPA Mitigated Determination of Nonsignificance and the conditions imposed by the Yakima City Council, as well as the ' regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations (2) The level of development (lot size, contemplated density) will not exceed the ' allowable level of development in the Single -Family Residential (R -1) zoning district since the lot sizes will comply with the minimum 7,000 - square -foot size requirement, and the density of development will only be 5.2 dwelling units per net residential acre. (3) The availability and adequacy of infrastructure and public facilities is not ' an issue because the additional infrastructure that will be provided at the applicant's expense will insure that adequate infrastructure and public facilities are available for the proposed preliminary plat and master planned development. (4) The character of the proposal, such as the proposal's consistency with applicable develop ment standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed preliminary plat ' Apple Tree Development 19 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" ' PLP #004 -10; PD #002 -10; VAR #002 -10 DOC INDEX 1 1 and master planned development which have been discussed in detail above With the MDNS conditions and the additional recommended conditions, the proposed preliminary plat and master planned development will be consistent with the development standards of applicable City ordinances CONCLUSIONS Based on the foregoing Findings, the Examiner reaches the following Conclusions (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a proposed preliminary plat and master planned development pursuant to Section 14 20 100 of the subdivision ordinance and Section 15.28 040 of the zoning ordinance 1 (2) Public notices were provided in accordance with applicable requirements, and no public comments were received. (3) The project was reviewed and approved under the Transportation Capacity Management Ordinance on August 6, 2010 (4) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed preliminary plat and master planned development on August 19, 2010, which contains seven required mitigation measures that became final without any appeal 1 (5) The proposed preliminary plat and master planned development of Cameo Court at Apple Tree, with the requested planned development size variance from 10 acres to 9 4 acres, is in compliance with the City's Comprehensive Plan, zoning ordinance and subdivision ordinance; makes appropriate and adequate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks, and, according to the weight of the evidence presented at the hearing, does not require that specific provisions be made for the other requisite plat considerations such as 111 additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who walk to and from school. (6) This proposed preliminary plat and planned development is in compliance with the consistency requirements of Subsection 16 06 020(B) of the Yakima Municipal Code Apple Tree Development 20 1 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC. INDEX AA "I 1 1 RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the proposed 39 -lot preliminary plat and master planned development of Cameo Court at Apple Tree, with a variance of the minimum planned development size from 10 acres to 9 4 acres, as 1 described in the application and related documents which are assigned file numbers PLP #004 -10, PD #002 -10, VAR #002 -10 and SEPA #021 -10 be APPROVED, subject to the following conditions (1) The seven mitigation measures of the SEPA MDNS dated August 19, 2010, 1 under File No SEPA #021 -10 shall be complied with. 1 (2) The applicant and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to Final Plat approval which shall be recorded in accordance with RCW Ch. 36 70B and all other laws 1 applicable to development agreements (3) As a condition of the Development Agreement, the streets within Phases 1 and 2 of the planned development shall be required to be private and shall never be accepted by the City of Yakima as public streets unless accepted by City Engineering. (4) A note shall be placed on the face of the Final Plat stating that "The streets within Phases 1 and 2 of this plat are private. If the streets are ever to be made public, the gate will have to be removed at that time " (5) The draft Development Agreement shall be modified to include a summary of public meetings 1 (6) The section in the development agreement for Minor Modifications shall be 1 changed so that Minor Modifications will undergo Type (2) Review ' Apple Tree Development 21 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DODO tN® 1 1 (7) A current title certificate shall be submitted to the City's Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land." (8) The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat in accordance with Title 12 of the YMC 86th 1 (9) Right -of -way for South 86 Avenue shall be dedicated along with the first phase Final Plat approval 1 (10) This Plat lies within the Yakima - Tieton Irrigation District service area and therefore, "Irrigation Approval" shall be shown on the face of the Long Plat in accordance with Subsection 14.20.200(0) of the YMC 11 The following preliminary addresses must be clearly ( ) g p rY Y shown on the face of the final plat. Phase 1 Phase 2 Phase 3 Lot 1 2013 S 87 Ave Lot 1 2005 S 87 Ave Lot 1 2013 S 86 Ave 1 Lot 2 2012 S 87 Ave Lot 2 2003 S 87 Ave Lot 2 2011 S 86 Ave Lot 3 8703 Coolidge Rd Lot 3 2001 S 87 Ave Lot 3 2009 S 86 Ave Lot 4 8705 Coolidge Rd Lot 4 8701 Cameo P1 Lot 4 2007 S 86 Ave Lot 5 2010 S 87 Ave Lot 5 8703 Cameo Pl Lot 5 2005 S 86 Ave Lot 6 8704 Cameo Ct Lot 6 8705 Cameo PI Lot 6 2003 S 86 Ave Lot 7 8706 Cameo Ct Lot 7 8707 Cameo PI Lot 7 2001 S 86 Ave Lot 8 8708 Cameo Ct Lot 8 8708 Cameo P1 Lot 8 2000 S 86 Ave Lot 9 8707 Cameo Ct Lot 9 8706 Cameo P1 Lot 9 2002 S 86 Ave 1 Lot 10 8705 Cameo Ct Lot 10 8704 Cameo P1 Lot 10 2004 S 86 Ave Lot 11 2008 S 87 Ave Lot 11 8702 Cameo PI Lot 11 2006 S 86 Ave Lot 12 2006 S 87 Ave Lot 12 2008 S 86 Ave Lot 13 2007 S 87 Ave Lot 13 2010 S 86 Ave Lot 14 2009 S 87 Ave Lot 14 2012 S 86 Ave 1 Apple Tree Development 22 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 DOC® INDEX AA-1 1 1 11 In addition, the following note shall be placed upon the face of the final plat. "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 1 confirmation or reassignment of addresses at the time of building permit issuance. (12) Minimum eight- foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision in accordance with Section 12 02 020 of the YMC (13) The Final Plat shall be prepared by a land surveyor, registered in the State of 1 Washington, and shall contain all the requirements of Section 14.20.200 of the YMC along with all applicable conditions 1 DATED this 27 th day of September, 2010 1 ac.... M LUC_ Gary M. Cuillier, Hearing Examiner 1 1 1 1 1 1 1 Apple Tree Development 23 39 -Lot Plat at 8709 Coolidge Road "Cameo Court at Apple Tree" PLP #004 -10; PD #002 -10; VAR #002 -10 ® ®C. INDEX 1 APPLETREE DEVELOPMENT • "CAMEO COURT" PLP#004-10, VAR#002-10, SEPA#021-10, PD#002-10 1 EXHIBIT LIST CHAPTER A Staff Report 1 Ekr,14, #--1P ',me* Now: • r 4 INDE 4 Ni#:11 - A-1 Staff Report 08/31/10 1 1 1 1 1 1 1 1 1' 1 1 1 1 1 City of Yakima, Washington Division of Environmental Planning Staff Report Hearing Examiner Public Hearing September 9, 2010 Planned Development, Preliminary Long ( PD #002 -10 Plat, Variance and SEPA Environmental ( PLP #004 -10 review ( VAR #002 -10 ( Staff Contact. ( Joseph Calhoun ' ( Assistant Planner REQUEST ' The proposed Master Planned Development is for a 39 -lot subdivision in the Single - Family Residential (R -1) zoning district. A Variance is proposed for the minimum allowable size of a planned development. SEPA environmental review was required, and completed, for the subdivision and the number of proposed dwelling units The subject property is located at 8709 Coolidge Road, located on the north east corner of Coolidge Road and 88 Avenue SUMMARY OF RECOMMENDATION Staff recommends that this application be approved, subject to conditions FINDINGS APPLICANT Apple Tree Development, 2550 Borton Road, Yakima, WA 98908 LOCATION 8709 Coolidge Rd ' PARCEL NO 181331- 42003, 181331 -42004 HEARING EXAMINER JURISDICTION Pursuant to RCW Ch. 58 17, YMC § 1 43 080, YMC § 15 28 040 and YMC § 14 20 100, the Hearmg Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on ' Preliminary Plat and Planned Development applications BACKGROUND The City of Yakima, Planning Division, received Master Planned Development, Preliminary Long Plat, Variance and SEPA Environmental Review applications from Apple Tree Development. The property is approximately 9 4 acres in size and was previously used as an apple orchard There are, at present, two tax parcels ' ZONING AND LAND USE The subject property is zoned Single- Family Residential (R -1) The R -1 zoning district is 1 intended to establish new residential neighborhoods for detached single - family dwellings free from other uses which are compatible with, and serve the residents of the district. Detached single family dwellings are the primary uses in this distract. The district is characterized by forty - 1 five percent lot coverage, access to individual lots by local access streets, and one and two story structures (YMC § 15 03 020(B)) Adjacent properties are all zoned R -1 and contam residential land uses and /or vacant land. The parcels to the north and east are outside of the Yakima city ' limits DOC. Apple Tree 1 INDEX PD #002 10 PLP #004 -10' VAR#002 10 ZONING ORDINANCE ' Planned Development A Master Planned Development Overlay (PD) is a comprehensive development plan untended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and /or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities (YMC § 15 28 O10(A)) A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities, or other areas or facilities A residential Master Planned Development is authorized in any residential zone The residential Master Planned Development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units (YMC § 15.28 020(A)) The residential Master Planned Development allows gated private streets and other facilities Uses in a residential Master Planned Development include one - family, two - family and multi- family residences, recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review as set forth in Table 4 -1 (YMC § 15.28 020(B)(1)(a, b and f)) Master Planned Development - Review Criteria. The Hearing Examiner shall evaluate a Master Planned Development application and other evidence submitted into the record, and shall issue a recommendation based upon the following considerations and criteria (staff response in italics) 1 The Master Plan Development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site The proposed development is consistent with the R -1 zoning district and, the Low Density Residential future land use designation. The proposed lot sizes and lot widths conform to the minimum standards of the R -1 zone for area (7,000 square feet) and lot widths (50 feet wide) The development will be completed in three phases Phases 1 and 2 will be gated and contain private streets Phase 3 will contain a public street 2 The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. 1 The proposed single-family homes within the planned development are consistent with adjacent residential land uses The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private and public streets that meet City Standards There are no requested deviations from development standards The Phase 1 and 2 streets are acceptable to City Engineering, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private. Doc. Apple Tree 2 INDEX PD #002 10 PLP #004 -10 VAR #002 10 �) ' 1 If the streets are ever to be made public, they will have to meet the City Standards at that time. 3 Consideration shall be given to "low impact development" concepts. "Low Impact Development" is defined as stormwater management and land development 1 strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15 02 020) This project adheres to the definition of 1 low impact development by retaining stormwater onsite. The proposed lot density, maximum 45% lot coverage, and open space for a storm drainage swale will ensure that stormwater facilities will be adequate. 4 There will be adequate infrastructure capacity available by the time each phase of development is completed. 1 This project is proposed to be completed in three phases Utilities and infrastructure will be provided for during individual phase construction. 5 The Master Planned Development contains design, landscaping, parking /traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques 1 The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening No adjustments to zoning standards are being requested. 6 All potential significant off -site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical 1 This requirement has been satisfied. The SEPA MDNS dated August 19, 2010 contains findings and mitigation measures dealing with noise, light and glare, and traffic. A ' Transportation Concurrency Analysis was completed on August 6, 2010 The analysis concluded that the project will be expected to generate 39 PM peak hour trips In addition, the city is currently constructing Coolidge Rd from 88 East to 84 1 7 The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, and results in the ' functional and visual appearance of one integrated project. The project is for a private /gated Master Planned Development. Open spaces for drainage is provided for Sidewalks are provided on both sides of the interior private streets The 1 project will have the appearance of an integrated project. 8 The proposed project is not adverse to the public health, safety, or welfare DOCO Apple Tree PD #002 10 PLP #004 -10 VAR #002 10 3 INDEX 1 The mitigation measures of the SEPA MDNS dated August 19, 2010, along with the 1 recommended conditions below, mitigate any identified adverse ainpacts to the public health, safety or welfare 9 The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. There are no modifications being requested to the development standards of the R -1 zoning district 10 The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima. Does not apply The subject property does not contain and is not adjacent to Shorelines or Critical Areas Development Agreement. A draft Development Agreement was submitted as part of the application for a Planned Development. The following elements, from YMC § 15.28 030(B)(5), are part of the Development Agreement. 1 Narrative description of project and objectives, 2 Summary of development standards, 3 Site plan elements, 4 Development phasing, including times of performance to preserve vesting; 5 Public meeting summaries, 6 Performance standards and conditions addressing the above items, 7 Criteria for determining Major vs Minor modifications and amendments, and, 8 Property owner signature The draft Development Agreement shall be modified, as necessary, to include a summary of this and future public meetings The Minor Modifications section (Cameo Court Development Agreement, page 5) shall be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15 28 080 The Development agreement contains language regarding the private streets in Phases 1 and 2 Site Design and Improvement Standards YMC Ch. 15 05 is designed to establish certain basic development requirements These are the minimum requirements to assure land use compatibility and promote the public health, safety and welfare The proposed project meets development requirements as follows Maximum Lot Coverage Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces The maximum lot coverage in the R -1 district is 45% The applicant indicates that 45% lot coverage will be the maximum for the lots Structure Setbacks In the residential districts, structure setbacks are intended to provide light, air and emergency access Setbacks along easements and rights -of -way are intended to minimize the impacts from traffic on adjoinmg property owners (YMC § 15 05 020(D)) The proposed development shall meet all applicable setback standards for the R -1 zone DOC Apple Tree 4 INDEX �1 PD #002 -10 PLP #004 -10; VAR#002 10 Maximum Building Height. The maximum building height in the R -1 zoning district is 35- feet (YMC Ch. 15 05, Table 5 -1) The tallest proposed building height is 35 -feet, which meets ' the standard. Units Per Acre. The proposed density is approximately 5.2 units per acre, which is below the maximum 7 units per acre in the R -1 zoning district (YMC § 15 05 030) Variance The applicant is requesting a vanance from YMC § 15 28 025 The requested variance is to allow a reduced minimum project size for a Planned Development from the 10 acre minimum to 9 4 acres The purpose of Chapter 15.21 is to empower the Hearing Examiner to vary or adapt the strict application of any of the requirements of this title The criteria for a 1 Variance is established in Section 15 21 030 of the Urban Area Zoning Ordinance. Provisions in this section require the applicant to clearly establish and substantiate that the requested variance conforms to all of the following standards (staff response in italics) 1 That granting the variance will be consistent with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare Granting of this Variance is consistent with the general purpose and intent of the Urban Area Zoning Ordinance. There will be no detriments to the adjacent neighborhood or to the public welfare 2 That granting the variance will not permit the establishment of any use not permitted in a particular zoning district. The proposed use of single-family homes is permitted in the R -1 zoning district. No uses that are not permitted will be allowed as a result of this Variance. 3 That unique circumstances exist. There must exist special circumstances or conditions, fully ' described in the findings, applicable to the land or structure for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structure and not generally applicable to land or structure in the neighborhood. The special circumstance or ' conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure ' Unique circumstances do exist. The subject property contains approximately 9 4 acres of land. It is likely that, prior to dedication of right -of -way for Coolidge Road and 88` Avenue, the subject property contained the required 10 acres for a Planned Development. Strict application of the 10 acre standard would not permit the applicant to have a gated development on a portion of the property 4 That unnecessary hardship exists It is not sufficient proof of hardship to show that lesser cost r would result if the variance were granted Furthermore, the hardship complained of cannot be self created, nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure and be ' suffered directly by the property in question (evidence of variance granted under similar circumstance shall not be considered and neither nonconforming uses of neighboring lands or DOC. Apple Tree 5 INDEX PD #002 10 PLP #004 -10 VAR#002 10 1 structures, nor buildings in other zoning districts shall be considered as controlling factors for the 1 issuance of a variance) An unnecessary hardship does exist. Lesser cost would not result if this Variance is granted. If anything, granting of the Variance will result in greater development cost for the applicant for the gate system and maintenance of the private streets The hardship is not self - created as the property has decreased in size as a result of land dedication for public projects 1 5 That granting the variance is necessary for the reasonable use of the land or structure and that the variance as granted by the Hearing Examiner is the minimum variance that will accomplish this purpose Granting of the requested Variance is necessary to have a gated Planned Development component of a portion of the project. The requested Variance is minimal in nature at only 0 6 acres SUBDIVISION 1 This preliminary subdivision adheres to the following standards of YMC § 14.20 100(A)(1 -5) 1 The proposed subdivision is consistent with the intent and provisions of the R -1 zoning 1 district. All lots will have access on a public or pnvate street, meet the minimum lot size for the R -1 zoning district of 7,000 square feet, and meet or exceed the minimum lot width of 50- feet, as measured at the rear of the required front yard setback. 2 The proposed subdivision is consistent with the City of Yakima's Comprehensive plan. The future and use designation of the property is Low Density Residential. 3 The proposed subdivision is consistent with the provisions of the Subdivision Ordinance 4 As required by RCW Ch. 58 17, the proposed subdivision makes appropriate provisions for Public health, safety, and general welfare, open spaces, drainage ways, streets or roads, alleys, and other public ways, transit stops, potable water supplies, irrigation and other water 1 supplies, sanitary waste disposal, parks and recreation, playgrounds, schools and school grounds, sidewalks, and, other planning features that assure safe waking conditions for students who walk to and from school 5 The proposed subdivision serves the public use and interest. YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as low density residential. The low density residential future land use designation contains primarily free standing single - family residences at a density of less than 7 0 units per acre The proposed development is compatible with the following goals and policies of the Comprehensive Plan 1 Goal 3.2 Build sustainable new neighborhoods Policy 3.2.1 For large - scale residential projects, encourage development through Residential Planned Development (Residential PD) zone Goal 3.3 Preserve existing neighborhoods INDEX Apple Tree 6 PD #002 10 PLP #004 -10 VAR #002 10 A- , 1 1 1 Policy 3.3.2 Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. 1 DEVELOPMENT SERVICES TEAM (DST) A DST meeting was held for this project on July 14, 2010 The following comments were received from public agencies and private companies with an interest in the development herein 1 being reviewed. Code Administration Ron Melcher has already met with Nob Hill Water Company to suggest 1 locations of new fire hydrants. Plan review, permits and inspections required prior to occupancy of any structures. I Preliminary Addressing: Phase 1 Phase 2 Phase 3 Lot 1 2013 S 87 Ave Lot 1 2005 S 87 Ave Lot 1 2013 S 86` Ave 1 Lot 2 2012 S 87 Ave Lot 2 2003 S 87' Ave Lot 2 2011 S 86 Ave Lot 3 8703 Coolidge Rd Lot 3 2001 S 87 Ave Lot 3 2009 S 86"' Ave Lot 4 8705 Coolidge Rd Lot 4 8701 Cameo P1 Lot 4 2007 S 86 Ave Lot 5 2010 S 87 Ave Lot 5 8703 Cameo P1 Lot 5 2005 S 86"' Ave I Lot 6 8704 Cameo Ct Lot 6 8705 Cameo P1 Lot 6 2003 S 86 Ave Lot 7 8706 Cameo Ct Lot 7 8707 Cameo PI Lot 7 2001 S 86"' Ave Lot 8 8708 Cameo Ct Lot 8 8708 Cameo PI Lot 8 2000 S 86 Ave 1 Lot 9 8707 Cameo Ct Lot 9 8706 Cameo P1 Lot 9 2002 S 86 Ave Lot 10 8705 Cameo Ct Lot 10 8704 Cameo PI Lot 10 2004 S 86 Ave Lot 11 2008 S 87` Ave Lot 11 8702 Cameo Pl Lot 11 2006 S 86 Ave Lot 12 2006 S 87 Ave Lot 12 2008 S 86 Ave 1 Lot 13 2007 S 87` Ave Lot 13 2010 S 86` Ave Lot 14 2009 S 87''' Ave Lot 14 2012 S 86 Ave I Department of Ecology An NPDES Construction Stormwater General Pen from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit I requires that SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stonnwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction 1 sites These control measures must be able to prevent soil from being camed into surface water (this includes storm drains) by stormwater runoff Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. I The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights If the proposal's actions are different than the existing water right (source, I purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to RCW § 90 03 380 and RCW § 90 44 100 If water is used for dust suppression, it must be obtained legally A water right permit is required for all surface water 1 diversions and for any water from a well that will exceed 5,000 gallons per day Engineering The developer is proposing to create 39 new building lots from a larger parcel I This development is required full frontage improvements per Title 12 standards Coolidge Road is required full height curb, gutter and 5 foot sidewalks from•88 Avenue to the east property line of Phase 3, on the north side of Coolidge Road. 50 feet of public right of way or to the cut or fill 1 DOC. Apple Tree 7 INDEX PD #002 10 PLP #004 -10 VAR #002 -10 1 # A -- ' 1 slope is required if the cut or fill extends past the 50 feet or retaining walls at right of way will be required. 87 Avenue is a private road along with the cul -de -sacs within the development. Private roads are required to built to City of Yakima standards These roadways required curb, gutter and 5 foot sidewalks on both sides from Coolidge Road to the north and around both cul- de-sac's in the development. This will be a private roadway not maintained by the City of Yakima. A Utility easements of 16 feet is required to be dedicated around public utilities for maintenance purposes 86 Avenue is required full height curb, gutter and 5 foot sidewalks from Coolidge Road to the north property line of Phase 3 A 50 foot public right of way is required. A 40 foot roadway and 5 foot sidewalks on both sides. The public nght of ways will extend to the cut or fill slopes where needed or retaining walls at right of way are required. Street lighting is required at all street intersections or at mid block if the block is over 500 feet long. Sewer is provided by the City of Yakima and is required to serve each newly established lot with public sewer Sewer is required to be extended to and through the development on 86th Avenue to the north and on Coolidge Road to the east. Water is provided by Nob Hill Water Association and is required to serve each newly established lot with public water All stone water is required to be retained onsite Staff Note It was concluded at a meeting on July 30, 2010 that improvements to 88 Avenue will not be required. This development will not access or use 88` Avenue. 5-feet of right -of -way will be dedicated for future improvements 88 Avenue is currently chip- sealed. If construction activities damage the surface, the applicant may be required to repair the damage. It was agreed that the right -of -way dedication for 86 Avenue will be completed when the first Final Plat phase is brought M. Present at the meeting were the applicant and staff representatives from the Legal, Engineering, Wastewater and Planning divisions 111 Irrigation Water (Yakima Tieton) Parcel 181331 -42003 is within the District boundary and has 9.20 shares of Yakima Tieton Irrigation water so they will need to show "Irrigation Approval" on the face of the plat. They will need to follow our (Yakima Tieton Irrigation) Resolution 97 -5 Appropriate easements need to be shown on the mylar Stormwater The applicant states that stormwater will be contained and disposed of using 1 swales or subsurface infiltration. If subsurface infiltration is used, the applicant must be aware that pretreatment for solids is required. This can be accomplished by having the solids settle out in a swale or through the use of hydrodynamic separation. These are acceptable methods of handling runoff if designed properly Complete stormwater design plans, specifications and runoff /storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards Traffic Engineering If 86 Avenue is to be a future collector roadway, the right -of -way should be 60 -feet and the roadway should be built to 40 -feet minimum curb to curb This will 1 provide two travel lanes with parking for the present and allow three lanes without parking in the future if needed. Otherwise the right -of -way should be 50 -feet with a 36 -foot curb to curb width. The number of driveways onto 86 should be limited to the fullest possible extent. If driveways cannot be shared between parcels, then they should be paired to maximize spacing between driveways No direct driveway access to Coolidge should be allowed. 1 DOC. Apple Tree 8 PD #002 10' PLP #004 -10 VAR#002 10 INDEX #.„1:1=======""° 1 Streetlights must be installed at the intersections of 86 Avenue and Coolidge Road, Cameo Court and Coolidge Road, and at 86 Avenue and Coolidge Road. Streetlights are required at the north of 86 Avenue and at a mid -block location. ' Water Nob Hill Water (NHW) will require and 8 -inch main line to be extended from the intersection of S 88 Avenue and Coolidge Road Once this is completed, NHW will have 1000 ' gpm at 20 psi residual pressure NHW will work with the developer and City of Yakima codes to determine fire hydrant placement and spacing requirements. If a developer has irrigation shares available to the property, NHW is working with developers to ensure that the imgation shares are ' utilized by installing and maintaining an irrigation system within the development, paid for by the developer NHW will then operate and maintain the system and bill the customers according to the square footage of the lot. To avoid conflicts when NHW installs a new meter in a private ' gated community — NHW will need either a set of as -built plans for the street lights or have a contact person that can locate the lines surrounding the private street lights 1 Yakima Regional Clean Air Agency (YRCAA) Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA and get approval, prior to the start of any of the work. This project is located within Yakima's Urban Growth Area, therefore, burning is prohibited at all times TRAFFIC CONCURRENCY ORDINANCE 1 This application has been reviewed and approved on August 6, 2010 for consistency with YMC Ch. 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 1 impacted streets This project is expected to generate 39 PM Peak Hour Trips ENVIRONMENTAL REVIEW ' The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #021 -10) A Mitigated Determination of Non Significance (MDNS) was issued on August 19 2010 which included 7 mitigation measures, listed below 1 A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion ' Sediment Control Plan) is prepared and implemented for all permitted construction sites Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. 1 2 The soils shall be sampled and analyzed for lead and arsenic and for organochlorine pesticides If contaminants are found at concentrations above the MTCA clean -up levels Ecology recommends that potential buyers are notified of their occurrence 3 Complete stormwater design plans, specifications and runoff /storage calculations supporting the stormwater design are required to be submitted to the Surface Water Engineer pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. UIC wells, if ' used, shall be registered with DOE 4 A dust control plan is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this ' approval shall be provided to the City of Yakima Code Administration prior to the commencement of site preparation. Apple Tree 9 INDEX PD #002 10, PLP #004 -10 VAR#002 10 5 An 8 -inch main line for public water shall be extended from the intersection of South 88th 1 Avenue and Coolidge Road to serve the development. Plans shall be developed in conjunction with Nob Hill Water and submitted to the City of Yakima Engineering Department. 6 Sanitary sewer is required to be extended to and through the development. Plans shall be submitted to the City of Yakima Engineering Department. 7 During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. PUBLIC NOTICE AND REVIEW This application was subject to a requirement for public notification followed by twenty (20) days of review Notice of this request was mailed to adjoming property owners on July 23, 2010; the last day for public comment on SEPA was August 12, 2010 During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. PROJECT CONSISTENCY During project review, it has been determined that this request is consistent with YMC § 16 16 020(A) for making a determination of Consistency as follows ' a. The proposed single - family homes are Class (1) land uses in the R -1 zoning district, b The density of the development is 5.2 units per acre, which is compatible with the R -1 zoning district and the Low Density Residential Future Land Use Designation, c Adequate public facilities are available, or will be extended, to serve this site, and d. All applicable development standards for construction in the R -1 zoning district shall be 1 met. CONCLUSIONS 1 The proposed development is consistent with the goals and policies of the Yakima Urban , Area Comprehensive Plan and the applicable standards of the Yakima Urban Area Zoning Ordinance and Subdivision Ordinance 2 This project was reviewed and approved under the Transportation Concurrency Ordinance on August 6, 2010 3 This project was subject to SEPA Environmental Review An MDNS was issued on August 19, 2010, and contained 7 mitigation measures 4 No written comments were received. RECOMMENDATION Staff recommends approval of the proposed Plaimed Development and Preliminary Long Plat of Cameo Court at Apple Tree, subject to the following conditions 1 The 7 mitigation measures of the SEPA MDNS, dated August 19, 2010 (File SEPA #021- 10), shall be complied with. 2 The applicant and City of Yakima shall enter into a Development Agreement codifying all 1 development standards and conditions of approval prior to Final Plat approval and recorded in accordance with RCW Ch. 36 70B and all other laws applicable to development agreements ' DOC. Apple Tree PD #002 10; PLP #004 -10' VAR #002 -10 1 O INDEX # A- I 1 1 1 3 As a condition of the Development Agreement the streets within Phases 1 and 2 of the planned development shall be required to be private and shall never be accepted by the City of Yakima as public streets, unless accepted by City Engineering. 4 A note shall be placed on the face of the Final Plat stating "The streets within this plat are private If the streets are ever to be made public, they will have to meet the City Standards at ' that time " 5 The draft Development Agreement shall be modified to include a summary of public meetings 6 The section in the development agreement for Minor Modifications shall be changed so that ' Minor Modifications will undergo Type (2) Review 7 A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land" 8 The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said ' improvements prior to approval of the final plat (YMC Title 12) 9 Right -of -way for 86 Avenue shall be dedicated along with the first phase Final Plat ' approval 10 This Plat hes within the Yakima Tieton Irngation District service area and therefore, "Irrigation Approval" shall be shown on the face of the Long Plat in accordance with YMC § ' 14.20 200(0) 11 All addresses shall be as specified in the findings of this report and must be clearly shown on the face of the final plat. In addition, the following note shall be placed upon the face of the final plat "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 12 Minimum eight- foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12 02 020) ' 13 The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions 1 1 1 1 1 DOC. Apple Tree 11 INDEX 1 PD #002 l0 PLP #004 -10 VAR #002 10 1 APPLETREE DEVELOPMENT "CAMEO COURT" 1 PLP #004 -10, VAR #002 -10, SEPA #021 -10, PD #002 -10 1 EXHIBIT LIST 1 CHAPTER B Maps � , a � `'�� DClGUMENT � � � � . � � �. 1 4 1 B -1 Maps Vicinity, Zoning, Utility, Future Land Use, Aerial 05/14/10 1 1 1 1 1 1 1 1 1 1 1 Vicinity Map for PLP #004 -10, SEPA #021 -10 htt n.// citygis /yakunagis /printMap.html ?vicinity =true : Lam`. I M x Ate'_ ,. R ',,. .l VY ; - ' "' y, , 1 ... .. ,,Sri'n",',A.,,`; � V il* /Tiri:. - 1 = ;V. - .nrt, Ave - , ` ... , ill 1 X �gC , 4 ;fi t , x. "' , ,, k' r Vltetrnen Ave y • I VI . , ,� .,- r „i � { r Fs u . � i - n . ( 1 (t v .9 ,1 } € , b s .: rt 1. .I , ' , \\ I v w t Y { ,I_-_ . : i 1 ........................4 (' 31 • Scale 14000 f. City of Yakima, Washington ?r Subject Area Site I File Number' PLP #004 -10, SEPA #021 -10 Applicant: Appletree Development 1 1 Property Notification Area Owner Same I Request: Developed approx. 10 acres into 39 single - family lots in 3 phases. NOTIFICATION OF Location. Vicinity of South 88th Avenue and Coolidge LAND USE APPLICATION I Avenue Parcel Number(s) 18133142003,18133142004 - I - ,,i' ` �, Contact City of Yakima Planning Division at 509- 575 -6183 City of Yakima Geographic Information Services Friday, May 14, 2010 (_ i;.J tr ' Map Disclaimer Information shown on this map is for planning and illustration purposes only The City of Yakima assumes \, - , ' no l for any errors, omissions, or inaccuracies in the information 'provided or for any action taken, or action not I �'' ' taken by the user in reliance upon any maps or information provided herein. D OC K INDEX I 1 of 1 5/14/2010 1 33 Plv Zoning Map for PLP #004 -10, SEPA #021 -10 h**D // citygis /yakimagis /printMap.html ?zoning =true 1 1 _. . 1 u 1 1 I 1 L Niha'`Iin, Are 4 � y , s * 11 , r 41 { a ," I C Y , , Q 4 , A A f � b 1 ',1, R 0 ;- L L an ` u R F I �} 1; 1 Ih►it•rlan Ave ti` } " ��' � s �d�s g , c y lfi I ' dam+ �4'M 2 II �, 1. } Xf tt} O , ' ! . -. _. .. I 1 R -1 1 1 x _f 1 . ,,,.: -.5... _ 1 Scale 14000 1 . • . City of Yakima Washln ton . S ubject Area Site ty _ g - 1 File Number PLP #004 -10, SEPA #021 -10 1 Applicant: Appletree Development .-- Zoning Boundary Owner- Same Request: Developed approx. 10 acres into 39 single - family 1 Tots in 3 phases. Vicinity of South 88th Avenue and Coolidge Location: 1 Avenue Parcel Number(s) 18133142003,18133142004 , , ; + > Contact City of Yakima Planning Division at 509- 575.6183 I j'r- . i1 City of Yakima Geographic Information Services Friday, May 14, 2010 i� ,'IrTr- id;/%7I 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 �' 1 •�'"" 1' taken by the user in reliance upon any maps or information provided herein. DOC INDEX 1 of 1 5/1 0 1 32 Utility Map for PLP #004 -10, SEPA #021 -10 ht tp:/ /citygis /yakimagis /printMap.html ?utility =true 1 I ■ 1 tr. :o • Vie. 1 1 - i it _ . a, � •k .c C e khan: A .7 '} 4 i� t '1'- 1 iz 0 - T Y , f sk:.. G. C 4,e,,,,..- ! f ul l e 4 t . l r. 4` 4' 1 0 ., 6 n ' 1 : a :f "" Scale 14000 ` ' :r "'; `' O 1 I I City of Yakima, Washington 3 ' « Subject Area Site 1 File Number' PLP #004 -10, SEPA #021 -10 Applicant: Appletree Development Water Pipe Owner Same I Request: Developed approx. 10 acres into 39 single - family lots in 3 phases. Sewer Pipe I Location. Vicinity of South 88th Avenue and Coolidge Avenue Parcel Number(s) 18133142003,18133142004 I f. ;,i° >'�t Contact City of Yakima Nanning Division at 509- 575 -6183 City of Yakima Geographic Information Services Friday, May 14, 2010 1 4'- i ; �� � Y Map Disclaimer Informatioh shown on this map is for planning and illustration purposes only The City of Yakima assumes I V s no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, ®®C,pot taken by the user in reliance upon any maps or information provided herein. 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Same 8 Medium Density Ret±oenlial 1 tame Convenien_eCenter Request: Developed approx. 10 acres into 39 single - family ■ k:ah Density Residendal l`- Mer.aiCommercial lots in 3 phases. 12 Proless,ona10f ice 1 CSC Curt Corr eroa l Location: Vicinity of South 88th Avenue and Coolidge Regnnaicormerciai Industrial Avenue Parcel Number(s): 18133142003,18133142004 < )'ft . 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City of Yakima, Washington Subject Area Site I File Number PLP#004-10, SEPA#021-10 Applicant: Appletree Development Aerial Photo June 2008 Owner Same • Request: Developed approx. 10 acres into 39 single-family lots in 3 phases. Vicinity of South 88th Avenue and Coolidge Location: I Parcel Number(s). Avenue 18133142003,18133142004 I Contact City of Yakima Planning Division at 509-575-6183 City of Yakima Geographic Information Services Friday, May 14, 2010 t.,,.,- o4A, ity r ez7 Map Disclaimer Information shown on this map is for planning and illustration purposes only The.City of Yakima assumes ( I s'\ bo s.....__ ...),/ • no liability for any errors, omissions, or inaccuracies in the information provided or for any action take or AA:on not • taken by the user in reliance upon any maps or information provided herein. INDEX I #I 1 of 1 5/14/2010 1 33 P1' 1 APPLETREE DEVELOPMENT 9 9 "CAMEO COURT PLP#004-10 VAR#002-10 SEPA#021-10 PD#002-10 1 EXHIBIT LIST CHAPTER C Preliminary Plat '060: etiON't - ,:44715;;E:,7 l'CrilykrE4kV; C Preliminary Plat — Cameo Court at Appletree 06/23/10 1 1 1 1 1 1 1 1 1 1 1 Be ..n....H MI ® E _ i ii. 11111111L. 1 1 - jalt./- I_ Me 111•11 IIII 720* I R RAN , 31 s EO asa .RrzO' �.CECF , " Cameo Court at Apple Tree . w0041 Ow TwE tTEIa M a EAST . x°aMrt "w " ^ „w I /2. (SW 1/4 NW 1/4 SE 1/4, SEC 31, T 131,., R.18E., W.M.) 7 N rt EVa WORM 60 rt N 0604.0L1. r SEE d Me 11.16N CL AN. worm. ,HEREOF 1100 0.14 C.O. AV.. CCDUI `NUV R/W •DEDICATIO ,M -1 . 1 I 151331 .003 . Rae INC 1,w rt„ w W ER ° 503110/31 0067/01 a SCRw 5. 7000 P 0000 0,D e0w /; /; �/; 0000 " „e n.3 0, w i l I,] ,.._.,_ �" i .00 �� 01 rtsr 20 ,EFr a aE0r FOR r i 2 PROJECT P R , . OwNG °ESCR9. 0.07. - _ I r - - r - - , r - - ry -x -} : r ° _ - _ii 1 ii ` ... , 1 � ,.___i j! OF n 1.TI /' I J '2 LOCATION - m W •: 00164110. 1 „I 41Wa„ w.R,EA er 31/ vm sw,WE.s, wAa,La I a I" 1 Lot 7 8 G Lot 6 : g Lo15 . S 805 C F' Lot 3 S ` 1 1 _!5a � ,HE 503/14 /10 N V' .W ' »J, .I 8 -JUd gs 1 $r L can :„ i jg Lola I °I� l s II �� � 17 e u TIEN. 504.101 8510 EAST 95 6 i FELT ROOM 114 .57 0100 TOE "03,...n 3b 5 ° TIME NORIO ,TN 160 FEET o M Paw or *[.WING • I 1 , ��i' \ , • '. ` +ms ea °'"" J - 1 I , I ' No 00... RA01135 O06006616 06006616 Ax2.20 . - , 30 EM>,n ,EGEw 1 1 "' , § �� N 4. e � L �e,ze t L r � e ese ,R E §_ S (, OF CwSmMn C4 70 43.. 5800 3804 67 59 63 67 5 sr. 01 c �: H..' • � � s i I Lue, I t / .,.I � w 4, ' \ ,, " \'. n 10 ; 8 I I I A a o 6 I ° s co 7797 55 03 43 54 74 03 .57 S m57' w ! \ Lot 9 1- I g L Ma�mR�4 AMw Ree 1 41 51336a AT \ \w , 1 T ' / / � � / v t 1 ) _,a,,n :6. Ei a I „I I I iIs ,I x 1 Cla 9070241 5000 .39 78.92 70.15 0 4311 W 1 ,050_ r Lo � 1 I n tot� 4 5, 30 10 E 40, E t �'' ° I 1 + \ _ ` , ., (,., c> , , -, 1,1 . - , -I F __ _ I 3 I , I 1 , nnn VICINITY MAP p I 8 i ;o �' Lot 10 s g,. ' �"o 1 I I I Lot I h s I „e J I 1 a Lotto 1 i1 + s 1 . NOT TO SCALE 1 1 _ cr. I L -- g L -' -- Q,e i 1 I , , • _ , e - 7nso,.1 i C20 157045 103 00 13 47 26 75 26 70 2 82/44Nr W 13 1 7050,.1 I C21 2512 100 00 2513 49 24 .74 S 60,7.39. E Legend q p� 1 O,OJ , 1 8 041 Lot 12 1. 1:. i ° ° �n I I , nI - I 4 n,�e,a E� C24 097030 100.00 822 16 54 16 52 EXISTING Ens w-mn. 7500 Jsse 3, ,[a.7 No,,,O. _ 1 R iIw 1 555 5.00 - a, s�c - 1 „so: 11 a t 81 Lot 13 _ I h r I I , 1 I L . F"'-1 I i1' I I `5' 1 f_'''-1 FENCE _ __. - '� P I j r 1 L Ot 1 O . w L . J I w I I 1.600, t1 I z � • SANITARY SEWER -, . - $ I Lot w l 1 `� L01 a l -�[ . P !. � ' 8 s n r e.,u,M r -RS 1 1 Lot 11 q S 8 8 DOMESTIC WATER • • , aPM I ® _ o aa a 8 ,. ____-_-_ $ Lot 1 '� y � � ,. 1 7 . 6,D+ M 1 � I s!'d- ,.O,D,:1 1 0 O TREE 8S a 1 ' i I t L,..1.1I n O UTILITY POLE � 1 I I 1 d_� 8 e. ° Tom_ - i ,. :.� e.zo: I I I `7 1 1 : a r. c, aegsN n (sow ,. 1 11 aE ,,; I \ v J r I 1 'I 1 Lot F "� 1 III 'r • ... WATER 8 EIRE VALVE c E HYDRANT v I N , I L I' I Je J' I I I. � ' I I 1 (�1� I 11 I CI Lot 3 1 ,, -7 " n �y�� (` 51 1 Lo = 8 I p .: ♦ r ( t. \ II s e ( 1 ` � , 81 1 .I I WATER BLDWOFF a I ' 1 L I I 1 E N. ' 1 - ,- r , -2 - \ Se f 1°1 0 wl WATER METER I 1 RN --- " ^ E A S E D[ vism L + - ( i STREET LIGHT o-.K 1 ] • ] II " f \. l..- .- _ -. -__ 4 ".... I , \ �Ip t� .. NEW NEW CURB AND GUTTER . ., _ Wu m•a ,a w,Al E „�- -I'•I. J , - �, Q 6"' ot7 �, `� - _ / W ` 4-5* ,` i I i j ro ' �L , INR S Storm F of 13 8 . 11 , 8 1 I Lott 8 • 1 NEW CEMENT /n' 1 1 L - u LO1S 8 e • CONCRETE SIDEWALK p• S ROJ n 3n O.m O. WA[en ®q alma 424+70 SASE OURS E6W .. $ e , e • 1oL6 1 ` e 1 10 N ) Drainage �l...4 1 1 1 1 ,s4.4 , M 1 NEw SEWER ENE °" ° _ r °IVV ` O ^ = ocHN nn m 7. 00Pa0RF'm m > I . °J g 8 o e DsD: a o " ° I Swale WS w NEW WATER LINE -- _- . ma WITS . - RPmn¢ TYPICAL ROADWAY SECTION I -1.-1‘14'1417 IO0 r2Ln I l p 9. :a ✓ `_ .. 'I I , ? PRIVATE INTERIOR PLAT ROAD f - _=7 J L G Tat., J I- - 1 ( . l , ` i 1 ,mo 1 NEW STORM GRAN LINE A601705.. 5.. J - - - - - - - ( ems° 1 - -- ' 7 w • - NEW MANHOLE • I � 5 500 r1 s - �.,- - - - r if ,� '"°7', Lot to 11i R.Ow M NOTES: 1 RI . Lot4 , E - Lot 3 . I fl II 1 .66 M 1 la p 1 1 t I 1 E ,. CITY OF YAKIMA SANITARY ' as i L ,.700..1 L s „ � Lot 2 1 ' i 1 Lott �LwNs a 1 1 11 1 1 �3^ 5/WERE/AIN AND NOB HILL WATERMAN MIMI.51M WEOx n ° � I$ °I I 8 41 n ) s. I s enn.l 0 y E. :F.-a1 AND FIRE HYDRANTS i0 BE LOCATED 9... 9,2 1/0 n.oE 1 S I 7.e,,, . ' / ,; SA (M1 J I e M.[LO . x ; IN SH HEREON FOR EASEMENTS CLARITY NOT OYM / 1 .r; l _ _ F04 tx ° nc s,L - _I _ �. j % % �/ , ' + . � J - 2 ALL ON -SHE DRAINAGE TO BE -r �_ ... i •% " " ", �e / / / ` � . `� •. RETAINED AND DISPOSED OF ON SITE ONT. A•. P/3410 57on PNUM.W fill,... m 90.90.41.6 TO EE 7 • °��,R� - „,,,' ! - W -- - ■ ss IN ACCORDANCE WITH Car OF GMT.. Or On Cr M0N, mat.. DM ROAD m6R0.Dn,10 005 01151145 s M," ! • N 37WEET i'° tai E 315 no a. ��' ns 00' a � � __ YAKIMA ENGINEERING DIVISION I I 0• .v l C oolie Road 47 _ _ • - REWIREMENTS. Hs I \ L `�•�I w- -� P .r- - -_ - - anJm ` D FITTINGS, YSTEM, IN LAUDING TALVES. H y %_ _ w wI6M .rza \. -_ -_- -_ ED AND K5 ,30 ], ED AND NOT SHWN ON . , , . / cwR0 cwsmu c7lw 1 - - -- _. - _ _ -_ _ - -_ - -_ - I .pW� 1�0�J 90�, °A POWER. TELEPHONE. NATURAL GAS. ,E'. - - -- �' �' - - - -_- ` UN 2010 I,. .1� ..I 1 / 5E010 AT /a�� 1 I ALONG E FRCNTACE I LL 1 • CABLE TV UTILITY LOCATIONS ARE •AAA n��rt I (✓ t, I NO7 DEV SHOWN a1, THESE SERANS COOLIDGE ROAD (PUBLIC) LOOKING EAST CITY OF YAKIMr. 1 °'"/, 0vr -.17 �s °° DEVELOPER TO CONTACT SERVING .[Re " 0. OF THE SEND IR FACT w„OSC.,E 4c 06 -07 -10 REVISED DIMENSIONS ON N ON SIDE OF 0045 LINE OF PHASE 3 UTILITIES FOR *05 a THEURES o 7 °T PLANNING my - SCE EU 367 O6 - O] - 10 ADDED INSTALL0 5 N bwW4n �� 0i 81, ,, ‘ DEVELOPER ENGINEER /SURVEYOR SITE INFORMATION JOB NUMBER DATE. SHEET 06065 5 -12 -10 Apple Tree Partnership ♦ Hulbregtse, Louman Associates, Inc. � ,11 ' . .",'''`„ 7 "" o APPLE TREE DEVELOPMENT HUIBREGTSE, LOUMAN ASSOC INC 6709 COOLIDGE ROAD FILE NAMES. ► I 2550 BORTON ROAD 801 N 39th AVENUE YAKIMA, WASHINGTON 98908 DRAWING 08085 DWG " Cameo Court at Apple Tree" • • ♦ CIVIL ENGINEERING LAND SURVEYING PLANNING ''' � I I YAKIMA, WASHINGTON 98908 YAKIMA, WASHINGTON 98902 PARCEL NUMBER - B01 Nor. 3911, Av 41,Hr. WA 98902 Jy GLEN DURALL DENNIS WHITCHER, PE 181331 -42003 YAKIMA COUNTY, WASHINGTON OF (509) 950- 1000*FAX (509) 965 -3800 � , A r� 'W'L Aw t D (509) 945 -5111 ERIC T HE RZOG, PLS 181331-42004 DESIGNED BY DJW 1 ,e , v (50 9) 966 -7000 ZONE R -1 ENTERED BY KDY PRELIMINARY PLAT 111 I APPLETREE DEVELOPMENT II "CAMEO COURT PLP#004-10 9 VAR#002-10 9 9 SEPA#021-10 PD#002-10 1 EXHIBIT LIST III CHAPTER D DST Review & Agency Comments AKO'COI, kl-V, I1ND,E3Vit'' I D-1 DST Distribution list and Request for Comments 06/28/10 D-2 Comments received from Yakima Clean Air Agency 07/01/10 I D-3 Comments received from Yakima-Tieton Irrigation 07/07/10 1 D-4 Comments received from Dept of Ecology 07/14/10 D-5 Comments received from Randy Meloy, Surface Water 07/14/10 1 D-6 Comments received from Sandy Cox, Plans Examiner II 07/15/10 D-7 Comments received from Nob Hill Water Assoc. 07/16/10 1 D-8 Comments received from Joe Rosenlund, Streets and Traffic 07/20/10 D-9 Comments received from Mike Antijunti, Engineering 08/13/10 1 D-10 Comments received from Scott Schafer, Wastewater 08/16/10 1 D-11 Preliminary Addressing — Code Administration 08/25/10 D-12 Master Dust Control Plan received from Apple Tree 07/07/10 I D-13 Development Response received from Applicant Representative 07/26/10 I D-14 Notice of Decision for Transportation Concurrency 08/06/10 Additional Comments received from Mike Antijunti, D-15 08/30/10 Engineering Division 1 1 1 1 Dennis Whitcher I From Dennis Whitcher Sent: Tuesday, August 31, 2010 8 AM To 'jcalhoun @ci.yakima.wa.us' Cc: 'James Carmody'; 'Glen Dural!' I Subject: FW Cameo 86th Avenue 1 Joseph With regard to the right of way and road configuration for 86 Avenue, the email from Mike Antijunti (see below) indicates that the City Engineering and Traffic Divisions have agreed to a 36 foot wide roadway within a 50 foot right of way I Dennis Whitcher HLA I From: Antijunti, Mike [mailto:mantijun @ci.yakima wa.us] Sent: Monday, August 30, 2010 4 31 PM I To: Dennis Whitcher Cc: Mayo, Doug, Rosenlund, Joseph Subject: RE: Cameo 86th Avenue 1 Dennis, Sorry I was not at the meeting, but talking with Joe Rosenlund and Doug Mayo, I believe you are correct on the 36 foot 1 roadway in the 50 foot right of way I believe what was, decided was 3 lanes of 12 foot per lane, this should be adequate Mike Antijunti ' Development Engineer City of Yakima (509) 576 -6608 From: Dennis Whitcher [mailto:dwhitcher @hlacivil.com] I Sent: Friday, August 27, 2010 7 07 AM To: Antijunti, Mike Subject: Cameo 86th Avenue I Good Morning Mike Any update on the proposed 36' road width in the 50' r/w for 86 Avenue (Phase 3) of the Cameo Plat? Dennis 1 1 1 ' DOC® 1 INDEX DEPARTMEN i ng �ivisi.on "- ')F COMMUNITY AND ECONOMIC DF "� LOPMENT r t 1 (5... 4 '�, Plann 4 ; 129 North Second Street 2nd Floor Yakima Washington 98901 % y V '•ny � ' (509) 575 -6183 • Fax (509) 575 -6105 ''a,' www.buildingyakima com . www.ci.yakinta wa.uslserviceslplanningl 1 1 August 6, 2010 Glen Durall Apple Tree Construction 8805 Occidental Ave Yakima, WA 98908 Subject. Notice of Decision for Transportation Concurrency I p y Cameo Court Long Plat of 39 Lots 88 Avenue and Coolidge Avenue, Yakima WA 1 Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed 39 -lot plat of Cameo Court in the vicinity of 88 Avenue and Coolidge Avenue, within the City of Yakima, Washington. This development has been APPROVED for 1 Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local I 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 I 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 I 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 -6417 1 Sincerely, a� J / Davenport '' arming Manager 1 Enclosure copy Joseph Calhoun 1 1 pp Yakim . 'ice AI-Mrefld INDEX lir 1)--IL/ 1994 II 1 City of Yakima, Washington I Traffic Division of Public Works Department Transportation Concurrency Analysis 11;,‘ i - I Date of Review August 6, 2010 r Review Prepared by Joan Davenport, Planning Manager (576 -6417) Proposed Development. Proposed Plat of 39 single family homes, Cameo ourt 1 Subject Address. 88 Ave &Coolidge Ave ITE Land Use LU #210, Single Family Homes (1 01 PM Peak Hour Trips /Home) [1 01 *39] = 39 4 PM Peak Hour Trips 1 Expected Net PM Peak Hour Trip Generation. 39 PM Peak Hour trips Summary of Impact: I The applicant, Apple Tree Construction proposes to develop a 39 -lot plat in the northeast corner of Coolidge Avenue and 88 Avenue, within the city of Yakima, Washington. All traffic from this new development will enter the Arterial Street system on Coolidge Avenue City of Yakima I 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 1 PM Peak Hour is assessed as 8 7% of total Average Daily Traffic (ADT) Peak hour reserve capacity includes 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 I New 2002 - PM Peak Resulting Segment g Dev 2007 I S# Street Segment Total Pk PM Pk Con- Pm Pk V/C LOS ADT Hr Reserve Hr currency (V /C ADT Cap Impact Trips Capacity Ratio) I 209 Zier Rd. 72nd to 80th Ave 1,060 92 1,508 5 52 1,503 0 09 A 213 72nd Ave Zier Rd to 8,082 703 2,497 7 94 2,490 0.25 A Washington ' 231 72nd Ave Washington to Coolidge 2,081 181 1,419 15 128 1,404 0 19 A 207 Washington. 64th - 72nd Ave 7,143 621 979 8 232 971 0 53 A I 232 Coolidge 72nd to 80th Ave 2,408 209 1,391 15 110 1,376 0.20 A 229 Occidental. 80th - 96th Ave 3,455 301 1,299 2 7 1,297 0 19 A 230 Occidenta1.64th - 80th Ave 3,100 270 1,330 18 78 1,312 0.22 A 1 Summary of Impact to City of Yakima Arterial Streets. This application has been reviewed and approved for consistency with YMC 12.08 Transportation I 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 I SEPA review The review does not address intersection level of service 1 1 DOC. Transportation Capacity Analysis Page 1 of 1 INDEX 1 Adam K. Anderson Alan D Campbell West H Campbell James C Carmody \ \ \�/ 11 II J Jay Carroll Paul C. Dempsey James S Elliott Mark E. Fickes Carter L. Field Tyler M Hinckley Lawrence E. Martin' Kevan T Montoya Linda A. Sellers Michael F Shinn Kathryn Knudsen Smith Sara L Watkins V E L 1 K A N J E I — I A L \/ E R s o N Of Counsel Frederick N Halverson Terry C. Schmalz ATTORNEYS AT LAW Also a member of the State of Oregon Bar RECEIVED JUL 2 6 2010 July 26, 2010 CITY OF YAKIMA PLANNING D IV Joseph Calhoun, Assistant Planner Planning Division City of Yakima 129 North Second Street, Second Floor 1 Yakima, WA 98901 Re Cameo Court at Apple Tree Dear Joe Glenn Dural has provided us with comments received on the above planned development. I have 1 been asked to provide comment on several of the issues presented in the materials. Time is critical for this project and these comments are provided to facilitate discussion. We will be happy to meet with you and staff at your earliest convenience Our comments include the following 1 Scott Schafer (Wastewater Division) commented that " [t]he wastewater connection charges for this development will be the `full amount ' This position is in conflict with Apple Tree's rights under that certain Sewer Construction Bond Purchase Agreement ( "Bond Purchase Agreement "), dated November 14, 2000 Section 4 4 of the Bond Purchase Agreement addresses "connection charges" and provides 1 (a) In consideration of the AT contribution to the Project to pay part of Project Costs in its purchase of the Revenue Bonds, AT, its successors or assigns, shall not, during the first 40 years following acceptance of the Project by the City, be charged for the 'future" portion of the Trunkage Element (YMC 7 58 060) of the current or 1 future wastewater connection charges for any current or future connections up to a sum of 225 acres within the Apple Tree Development. The "historic" portions of the Trunkage Element of 1 the current or future wastewater connection charges shall be charged by the City to all Apple Tree Development properties The historic portion of the Trunkage Element charges shall be DOC. INDEX # -i 3 509 248 6030 • fax 509 453 6880 • 405 East Lincoln • P 0 Box 22550 • Yakima, WA 98907 • www vhlegal corn • RECEIVED ' Letter to City of Yakima — Planning Department July 26, 2010 JUL 2 6 2010 Page 2 of 3 ' CITY OF YAKIMA PLANNING DIV fixed, for the life of this Agreement, at the rate in effect, by City 1 Ordinance, on May 27, 1998 (b) AT will not be charged any Collection Element of the current or future wastewater connection charge for any current or future development within the Apple Tree Development, or for any other 1 development for which AT constructs /installs the collection system at its own expense in accordance with City standards and policies. ' (italics added) Apple Tree Development means the 225 acre area depicted on Exhibit 2(g), a copy of which is attached. Cameo Court is within the defined Apple Tree Development. Any wastewater charges for the Development must be in accordance with the referenced provisions. 2 City of Yakima Engineering comments include two aspects related to Coolidge Road frontage (1) a requirement for a five (5) foot sidewalk on the north side from 88 Avenue to east property line, and (2) 50 feet of public right -of -way or to the cut or fill slope as required for Coolidge Road. The sidewalk component is correct, but should be coordinated with construction of Coolidge Road. With respect to Coolidge Road right -of -way, the scope and extent of frontage obligations were the subject of negotiation and agreement between Apple Tree and the City The agreement was outlined in letter of May 11, 2010, as well as the associated deeds and easements. There is on additional right -of -way on Coolidge to be provided by Apple Tree Land use review 1 should not modify any of these provisions. 3 City of Yakima Engineering is requesting half - street improvement of 88 Avenue north ' of Coolidge and adjacent to the subdivision property We object to any improvement requirements for North 88 Avenue The proposed subdivision will not use or impact that roadway segment. The courts have clearly found that such development exactions are illegal and ' unconstitutional Benchmark Land Company v City of Battleground, 146 Wash. 2d. 685, 694- 95, 49 P.3d 60 (2002)(plat requirement for improvement of deficient adjacent street was illegal), Dolan v City of Tigard, 512 U S 374 (1994), Sparks v Douglas County, 127 Wash. 2d 901, 904 ' P.2d 738 (1995)(dedications for infrastructure must bear reasonable relationship to need created by the proposed development), and RCW 82 02 020(subdivision dedications may be permitted only where "reasonably necessary as a direct result of the proposed development or plat to which 1 the dedication of land or easement is to apply ") Cameo Court will utilize Coolidge Road and ultimately 86 Avenue The subdivision does not access the existing roadway and no vehicular traffic from the subdivision will utilize the roadway There is no connection between 1 development impacts and the requested road improvements. 4 City of Yakima Engineering has requested dedication of a sixty (60) foot public right -of- 1 way for 86 Avenue extending north from Coolidge Road. The subdivision application proposed a fifty (50) foot right -of -way The right -of -way width was determined in negotiations with City of Yakima with respect to dedication for Coolidge Road. Intersection design was approved for 86 Avenue /Coolidge Road with design based upon a fifty (50) foot right -of -way The interior road right -of -way should match the intersection design for street extensions both ' north and south of Coolidge Road. DOC INDEX --13 RECEIVED Letter to City of Yakima — Planning Department 1 July 26, 2010 JUL 2 6 2010 Page 3 of 3 CITY OF YAKIMA I PLANNING D V 5 Apple Tree would request the opportunity to discuss road names for the private roads As you know, there is an overall development scheme for the project and consistent road names is part of that development planning. We appreciate your work on this file and would be happy to meet with you to discuss this issues at your earliest convenience Thank you for your consideration. Very truly yours, 1 VELIKANJE HALVERSON P C C Carmo i 1 JCC /elf 1 cc John Borton Glen Durall Jon Kmloch Dennis Whitcher 1 g:ycc\apple tree construction co\cameo court subdivision june 2010 \calhoun Itr 1.doc 7/26/2010 11.20 amid 1 1 1 1 1 DOC. 1 INDEX MN MI I N - UM MN MI MI NM MI OM — _ N — i — = / / -- ZIER ROAD 4 - RECEIVED Sr JUL 262010 I! CITY OF YAKIMA - \ \ \ \ ` \` \ \ PLANNING DIY • • ._. ._. j �� \ \ \ \ \\ ~� — ¢ \ \ \ \� \ \\ \\ N.\ \ \ \ \ \ \`NN \ \ \ \ \ \ \ \ `.\\. \ \\ � ' \\ \\ \ \ \ \ \ \i \ \ \ \ \ \ \ \ �`\: \` \ \ mi l' \ \\ :, \\\ - \ 9 - _ a 4 = , ° I \ \ ' \ \ \ \ \\ \ \\ \ \\ \ \ \ \ \ \ \ \\ \ \ l, _ \\\ \,,'\ \ \� \\ \ „ \�\\ \\\\ \ \� \ \�\ ` \�\��\ \\\ \\�.,,� �� \ \ \ \` , ` � \� \ \ \ \ \ \ \ • \ \ �� \ \� \ \ \ \ \\ \ y am � �� \ \ \\ \\ \ \\ \ 7 \ \\\ \ \ \� o \ \\ \ \ \\ \ • \ \ \ Z \ \X il t • • \ \\ \ \ \ \'. \. \ \ \ \ \\ \ \ \ \ - ,,_. „.____ _____ \\\ \\ \ \\\\ \\ \- \ =- , ti.\\\♦ \ \s / / - --- . ' , _ �i, iLi i�..i�i� lii �� �� Current Developm \ \ \ ♦ _ z• A /,/, h.. \S\.. Future Development . \ \\ • \ \\ \ t \ \ \I dr . - i fy , di ___:-_-__ _ - 2_ -- . ' --.--_-- , ..,.. N . \\\\\\\\ Zd - - --- _ _ _ r - - -- • - -...7: ER AHTAHUfl READ - � \ \�: \��� EXHIBIT 2(g) • S , I �` IHTP U�� - _ ,— _. _ -_ _ ` � Current and Future /' _ – Apple Tree Development Scale: 1” =800' -- — — _ __ _ _--. -- -- August 2000 lif o I 9ECEwwED 1 'UL 7 2010 I Apple Tree Resort Development Company L.L.C OF Yalta, 2550 Borton Road Yakima, Wa 98903 Phone (509) 966 -3905 Fax (509) 966 -3994 PL ;NN1NG °114 MASTER DUST CONTROL PLAN July 2, 2010 YRCAA 329 N 1 St. Yakima, WA 98901 1 RE SEPA #019 -10 Cameo Ct. at Apple Tree PURPOSE This plan is intended to describe how Apple Tree will effectively prevent dust emissions from traveling off construction site. APPLICABILITY ' This plan will apply to Apple Tree Resort Development Company, Apple Tree Construction Company, and companies subcontracted by each for implementation of the ' master dust control plan. PREVENTIVE MEASURES , Our primary method of dust control will be mobile water application via water truck. Other measures may also be used such as set water application, manual water i application, or covering with vegetation. CONTINGENCY MEASURES 1 If our preventive measures become ineffective, the activity that is disturbing the soil will be suspended until effective dust control measures are achieved. ' NOTIFICATION YRCAA will be notified by an Apple Tree representative through verbal and /or written y pp p g tten communication when a new project is to be started. CONTACT INFORMATION Primary contact. Duane Rogers (509) 930 -3406 , Secondary Contacts John Borton (509) 966 -3905, Glen Durall (509) 945 -5111 DOC. 1 INDEX 7 -I 1 7 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 1 `~ ' '' Office of Code Administration `- 1 129 North Second Street, 2nd Floor 1 ; , i iiir? , Yakima, Washington 98901 ' '' '. ....;:;;„ .;;= Y (509) 575.6126 *Fax (509) 5766576 1 codes@ci.yallima.waus - www.buildingyakima.com August 25, 2010 1 To Joseph Calhoun From. Carolyn Belles 1 Preliminary Addressing for Cameo Ct Plat Apple Tree Development LLC I Vic: Coolidge and 86/87U1 Avenues 18133142003 and 42004 1 RECEIVED Phase I I Lot 1 2013 S 87th Ave Lot 2 2012 S 87th Ave AUG 2 5 2010 Lot 3 8703 Coolidge Rd CITY OF YAKIMA 1 Lot 4 8705 Coolidge Rd PLANNING DIV Lot 5 2010 S 87th Ave 1 Lot 6 8704 Cameo Ct Lot 7 8706 Cameo Ct I Lot 8 8708 Cameo Ct Lot 9 8707 Cameo Ct Lot 10 8705 Cameo Ct 1 Lot11 2008S87thAve Lot 12 2006 S 87th Ave 1 Lot 13 2007 S 87th Ave Lot 14 2009 S 87th Ave 1 Phase II Lot 1 2005 S 87th Ave 1 Lot 2 2003 S 87th Ave Lot 3 2001 S 87th Ave 1 Lot 4 8701 Cameo P1 Lot 5 8703 Cameo P1 I Lot 6 8705 Cameo P1 DOC. Lot 7 8707 Cameo P1 INDEX Lot 8 8708 Cameo P1 Lot 9 8706 Cameo P1 Lot 10 8704 Cameo P1 1 Lot 11 8702 Cameo P1 Phase III Lot 1 2013 S 86th Ave Lot 2 2011 S 86th Ave Lot 3 2009 S 86th Ave Lot 4 2007 S 86th Ave RECEIVED ' Lot 5 2005 S 86th Ave Lot 6 2003 S 86th Ave AUG 2 5 2010 ' Lot 7 2001 S 86th Ave CITY OF YAKIM,4 Lot 8 2000 S 86th Ave PLANNING DIV Lot 9 2002 S 86th Ave Lot 10 2004 S 86th Ave Lot 11 2006 S 86th Ave 1 Lot 12 2008 S 86th Ave Lot 13 2010 S 86th Ave ' Lot 14 2012 S 86th Ave 1 11 11 a a a U DOC., INDEX D Remarks Page 1 of 1 11 Monday August 16, 2010 08.54 Hold Date Begin End Application Web Tvpe Code Created Created By Date Date Tel Parcel 11 # Link Enabled? IJ The wastewater connection charges for phase 3 is pending and will be 11 determined based on how AppleTree O plans to serve this DST 07/09/2010 SSCHAFER 07/09/2010 phase of the 18133142003 PD #002 -10 N COMMENTS project. The wastewater connection charges for both phase 1 ' and 2 of the project to be waived in accordance with the AppleTree Agreement with the 1 City 1 1 1 1 1 1 1 DOC. INDEX 'I http. / /citymmsap 7778 / forms /PermitAttachments/html _ out/Remarks.html 8/16/2010 Memorandum Page 1 of 2 Calhoun, Joseph ' From Antijunti, Mike Sent: Friday, August 13, 2010 8 47 AM To Calhoun, Joseph Subject: dsteng -10 -0160 1 doc 1 City of Yakima Engineering Memorandum 1 Date August 12, 2010 1 To Joseph Calhoun RECEIVED Assistant Planner From Mike Antijunti AUG 1 3 2010 Development Engineer CITY OF YAKIIVIA PLANNING DIV Subs ect. PLP #004 -10 PD #002 -10 SEPA #021 -10 Cameo Court at Apple Tree 8709 Coolidge Road The developer is proposing to create 39 new building lots from a larger parcel ' This development is required full frontage improvements per Title 12 standards. Coolidge Road is required full height curb, gutter and 5 foot sidewalks from 88 Avenue to the east property line of Phase 3, on the north side of Coolidge Road. 50 feet of public nght of way or to the cut or fill slope is required if the cut or fill extends past the 50 feet or retaining walls at right of way will be required. 87 Avenue is a pnvate road along with the cul -de -sacs within the development. Pnvate roads are 1 required to built to City of Yakima standards. These roadways required curb, gutter and 5 foot sidewalks on both sides from Coolidge Road to the north and around both cul -de -sac's in the development. This will be a pnvate roadway not maintained by the City of Yakima. A Utility easements of 16 feet is required to be dedicated around public utilities for maintenance purposes. 86 Avenue is required full height curb, gutter and 5 foot sidewalks from Coolidge Road to the north , property line of Phase 3 A 50 foot public nght of way is required. A 40 foot roadway and 5 foot sidewalks on both sides. The public nght of ways will extend to the cut or fill slopes where needed or retaining walls at right of way are required. DOC. INDEX 8/13/2010 ' Memorandum Page 2 of 2 t Street lighting is required at all street intersections or at mid block if the block is over 500 feet long. Sewer is provided by the City of Yakima and is required to serve each newly established lot with public sewer Sewer is required to be extended to and through the development on 86th Avenue to the north and on Coolidge Road to the east. Water is provided by Nob Hill Water Association and is required to serve each newly established lot with public water All storm water is required to be retained onsite Mike Antijunti ' Development Engineer City of Yakima RECEIVED (509) 576 -6608 ' AUG 1 3 2010 CITY OF YAKIMA PLANNING DIV 1 1 1 1 1 1 DOC. INDEX 'I 8/13/2010 1 July 20, 2010 1 RECEIVED i To Joseph Calhoun 2 0 201Q Assistant Planner JUL From Joe Rosenlund CITY G DNA Streets & Traffic Operations Manager 1 Re PD 002 -10, Cameo Court If 86 Avenue is to be a future collector roadway, the right -of -way should be 60 1 feet and the roadway should be built to 40 feet minimum curb to curb This will provide two travel lanes with parking for the present and allow three lanes without parking in the future if needed Otherwise the right -of -way should be 50 feet with a 36 foot curb to curb width The number of driveways onto 86 should be limited to fullest possible extent If 1 driveway cannot be shared between the parcels then they should be paired to maximize spacing between driveways No direct driveway access to Coolidge should be allowed Streetlights must be installed at the intersections of 86 Avenue and Coolidge Road, Cameo Court and Coolidge Road and at 88 Avenue and Coolidge Road Streetlights are required at the north of 86 Avenue and at a mid -block location All streetlights on public roads shall be BetaLED Model No STR- LWY- 3M -HT- 1 08- UL -SV -R Contact Traffic Signal and Street Light shop at 575 -6156 for more specific information 1 1 1 1 DOC. 1 INDEX NOB HILL WATER ASSOCIATION 6111 Ticton Drive • Yakima, Washington 98908 Phone: (509) 966-0272 FAX. (509) 966 -0740 City of Yakima DST Comments Sheet PLP #003 -10; SEPA #019 -10 ' Development Name: Cameo Court Fire Flow Available: Nob Hill Water will require an 8" main line be extended from the intersection of So. 88 Avenue and Coolidge Road. Once this is completed NHW will have 1000 gpm at 20 psi residual pressure. Nob Hill Water will work with the developer and City of Yakima codes to determine fire hydrant placement and spacing requirements. ' Irrigation Shares. If a development has irrigation shares available to the property, NHW is working with the developers to ensure that the irrigation shares are utilized by Installing and maintaining an irrigation system within the development, paid for by the developer. Nob Hill Water will then operate and maintain the system and bill the customers according to square footage of their lot. Private Street Lights. To avoid conflicts when Nob Hill Water installs a new meter In a private gated community— NHW will need either a set of As- Built Plans from the street lights or have a contact person that can locate the lines surrounding the private street lights. Nob Hill Water Association has sufficient water rights to serve this development. g p 1 Please let me know if you have any questions or concerns. ' NOB HILL WATER ASSOCIATION Jenna Leaverton Engineering Technician • 011 R 5£R t DOC. °NDEX 1 1 July 15, 2010 To Joseph Calhoun From Sandy Cox 1 Plans Examiner II City of Yakima 1 Re 8709 Coolidge Rd PLP 004 -10, PD 022 -10, SEPA 021 -10 Ron Melcher has already met with Nob Hill Water Company to suggest • locations of new fire hydrants Plan review, permits and inspections required prior to occupancy of any structures 1 1 1 1 1 1 1 1 1 DOC., INDEX # 1 � -� 1 City of Yakima Engineering Memorandum Date July 14, 2010 To Joseph Calhoun Assistant Planner From Randy Meloy Surface Water Engineer Subject: SEPA #019 -10, PLP #003 -10 Cameo Court Apple Tree Vicinity of South 88 Ave and Coolidge 1 Joe, The applicant states that stormwater will be contained and disposed of using swales or subsurface infiltration If subsurface infiltration is used, the applicant must be aware that pretreatment for solids is required This can be accomplished by having the solids settle ' out in a swale or through the use of hydrodynamic separation. These are acceptable methods of handling the runoff if designed correctly Complete stormwater design plans, specifications and runoff /storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction UIC Registration - Stormwater In accordance with Chapter 2 Section 2 4 of the December 2006 edition of the Department of Ecology s Guidance for UIC Wells that Manage Stormwater Publication Number 05 -10 -067, Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. Therefore, if UIC wells are used in the drainage design, the UIC wells must be registered with DOE and a copy of the DOE UIC Well registration form with a Professional Engineer's stamp and signature for each well shall be delivered to the City of Yakima's Surface Water Engineer before final project approval shall be granted. Randy Meloy Surface Water Engineer City of Yakima (509) 576 -6606 DOC. INDEX 1 SIATF RECEIVED C q 1 y _ j ,be : JUL 1 4 2010 STATE OF WASHINGTON CITY OF YAKIMA 1 DEPARTMENT OF ECOLOGY PLANNING DIV 15 W Yakima Ave, Ste 200 O Yakima, WA 98902 -3452 0 (509) 575 -2490 1 July 8, 2010 1 1 Joseph Calhoun City of Yakima Dept. of Community Development 128 North 2 Street Yakima, WA 98901 1 Re. PLP 003 -10 /SEPA 019 -10 Dear Mr Calhoun. Thank you for the opportunity to comment on the pre - threshold determination for the Cameo Court at Apple Tree Planned Development. We have reviewed the environmental checklist and have the following comment. 1 Water Quality 1 Project Greater -Than 1 Acre with Potential to Discharge Off -Site An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original SEPA does not disclose all proposed activities. 1 The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff Permit coverage and erosion control measures must be in place prior to any 1 clearing, grading or construction. More information on the stormwater program may be found on Ecology's stormwater website at: http. / /www.ecy.wa.gov/ programs /wq /stormwater /construction/ Please submit V ephcation or ok nab- w ^ui�re INDEX /' � / , 1 AL +1 --- —/ i i Mr Calhoun July 8, 2010 Page 2 i contact Lynda Jamison at the Dept. of Ecology, (509) 575 -2434, with questions about this ,I permit. 1 Erosion control measures must be in place prior to any cleanng, grading, or construction. These control measures must be effective to prevent soil from being carried into surface water by storm water runoff Sand, silt, and soil will damage aquatic habitat and are considered pollutants. Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter 90 48, Water Pollution Control, and WAC 173 -201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. I Best management practices must be used to prevent any sediment, oil, gas or other pollutants from entering surface or ground water If you have any questions concerning the Water Quality comments, please contact Lynda Jamison at (509) 575 -2434 I Toxics Clean up Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If these contaminants are found at concentrations above the MTCA clean-up levels Ecology recommends that potential buyers be notified of their occurrence If you have any questions concerning the Toxics Clean-up comments, please contact Valerie 1 Bound at (509) 454 -7886 I Sincerely, Gwen Clear I Environmental Review Coordinator Central Regional Office (509) 575 -2012 DOC IND 1 732 1 V f / V 1 / 4 V . , , 1 0 ct 1 a " " + b ( !6b 1 509 670 5730 YAKIMA TIETON IRRIG L 0 59 a m R MEN E; 1 /1 1 iii! 7 2010 I City of Yakima Development Services Team ,`,ITS' OF YAKIMA e ,^ ei Request For Comments Df_ _ f , f∎Il\IlP'1 1 "IV June28,2010 1 To 'City of Yakima Development Services Team From. Joseph Calhoun, Assistant Planner Subject: Request for comments Applicant: Apple Tree File Number PLP#003 -10; SEPA#019 -10 ,Location. Vicinity of South 88th and Coolidge Parcel Number. 181331- 42003, 42004- 't.%1 DST MEETING DATE _ 7/14/2010 `Qz 1 Proposal , This application is for a Planned Development, SEPA Review and a 39 t1t preliminary plat, I Court at Apple Tree The subject property is 9 4 acres and is zoned R -1 The development t will consist of 3 phases. Phases 1 and 2 will be gated and contain private streets Phase 3 will not be gated and will be built along 86th Avenue, which will connect to the north when future development occurs An application for a Variance to the acreage requirement for a Planned Development will be forthcoming. 1 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 Julv 14. 2010 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your 1 comments prior to the meeting. My email address is jcalhoun @ci.yakima wa.us and the Planning Department's fax number is (509) 575 -6105 Should you have any questions, or require additional information, please call me at (509) 575 -6162. Comments: . . . onftoments that will nood to show on the mylar. 1 1 Contac ' I IU L L YAKIMA -TIET epartme nt/Agency 1 1 DOC• I INDEX # 'b 1 IV ED YAKIMA REGIONAL CLE A .-‘ IR JUL I ZO AGENCY ll � 44yy��_ r i'29 '� 3 �� `�N'� TitV�� � ; B orth / irct S gt �. `l1i i\ a '),/ � x NN W) �� l7 () ( ` �N : Phone (50q) S34-20 i ()' ` T itk (S()9) Ria- 206() � ' " 11 eli,rtc http.i'it'ii'it' « l, [mac.lerrrrrrir org 1 June 30, 2010 Mr Joseph Calhoun, Assistant Planner Planning Division City of Yakima 129 North Second Street, 2 thi Floor 1 Yakima, WA 98901 RE SEPA #019 -10 Cameo Ct. at Apple Tree. � Dear Mr Calhoun. Thank you for providing the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and comment on SEPA# 019 -10 proposal for 39 -lot preliminary plan to be located in the vicinity of South 88` and Coolidge Yakima, WA. Following review YRCAA has the following comment(s) 1 Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA and get approval, prior to the start of any of the work; 2 This project is located within Yakima's Urban Growth Area, therefore, burning is prohibited at all times, and ' 3 The proponent/developer must address the air emission impact from the development and show that the National Ambient Air Quality Standards (NAAQS), in particular PM is not violated prior to the issuance of any SEPA approval. Thank you for the opportunity to connect with the city's continued support -in- protecting the air quality in Yakima County Best regards, MINIM" Hasan M. Ta at, / h.D Engineering and Planning Division Supervisor 1 Cc Proponent and File 1 ® ®C. INDEX DST Distribution List 1 Applicant: Apple Tree File Number PD #002 -10, PLP #004 -10, SEPA #021 -10 1 Date of DST Meeting: July 14, 2010 Assigned Planner. Joseph Calhoun 1 City of Yakima Divisions and Yakima County Public Services Codes Joe Caruso Fire Department Ron Melcher Codes Sandy Cox Streets /Traffic Engineering Joe Rosenlund Codes Carolyn Belles Utility Services Pete Hobbs , Codes Jerry Robertson Parks and Recreation Ken Wilkinson Codes Royale Schneider, Transit KenMehin Codes Nathan Thompson Transit Kevin Futrell Engineering Mike Antijunti Police Department ' Greg Copeland Stormwater Engineer Randy Meloy Refuse Nancy Fortier Water /Irrigation Mike Shane , Yakima County Public:Svcs Vern.Redifer , . Wastewater Scott Schafer Yakima County Planning Steve Erickson Wastewater Shelley Willson 911 Communications Wayne Wantland County Flood Control District Jeff Legg Other Agencies Capitol Theatre Gay Parker P 0 Box 102, Yakima, WA 98901 Committee for Downtown Yakima Jamie Lee Stickel 115 North 3 Street, Yakima 98901 Committee for Downtown Yakima James;Stickel ,P Q Box 9668, Yakima:98909 ' Committee Manager - CDY Manager P 0 Box 881, Yakima 98901 Yakima Tieton Irrigation District Rick Dieker/John 470 Camp 4 Rd.'Yakima, WA 98908 Dickman . , Nob Hill Water Jenna Leaverton 6111 Tieton Drive, Yakima 98908 I Yakmia County Health District Art.McKuen 1210 Ahtanum Ridge Dr, ,Union 'GAP 98903 WA State Department of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 No Yakima Soil Conservation District 'gay Wondercheck 1606 Perry St Ste. F, Yakima 98902 t Pacific Power and Light Co Mike Paulson 500 N Keys Rd, Yakima 98901 Qwest„ Tom;McAvoy 8:South2na',Avie Rm304, Yakima 98902 . Yakima School District #7 Elaine Beraza 104 -N' r Cascade Natural Gas Co Sheila Ross 701 South 1st Ave, Yakim a 98902 N 4th Ave, West Valley School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 Street, Charter. Communication K_ evin :Chilcote 1005,N 1 ^ 6th Ave, Yakima 98902 Coun ty Cl Air Authority I ty Pruitt 329 North 1st Yakima 98901 Yakima Waste`Systems .Scott';Robertson 2812 Terrace Heights'Dr,' Yakima Greenway Foundation Al Brown 111 South 18th Street, Yakima 98901 LJS'Post Office J McKee' cKee, 205 West Washmgton Ave Yakima 98903 Yakima Valley Canal Co Robert Smoot 1640 Garretson Lane, Yakima 98908 De artment`of. th , p Wildlife 1701 South:24 Ave, Ae Yakima; 98902 Department of Natural Resources 713 Bowers Rd, Ellensburg 98926 II WSDOT (Dept Of Transportation) Salah Al- Tamini ' 28091tudkin Rd,.Union'Gap.98903 Department of Fisheries Eric Bartrand P 0 Box 9155, Yakima 98909 Yakama Indian Nation Thalia Sachtleben P 0 Box 151, Toppenish'98948 Yakima Airport Mike Redmond 2400 West Washington Ave, Yakima 98903 Trolleys _ , , Paul Edmondson 313 North 3 r d Street, Yakima 98901 City of Union Gap Mark Reynolds P 0 Box 3008, Union Gap 98903 1 WSDQT, Aviation Division John Shamba ugh' 18204 59th DriveNE,.Ste B, Arlington WA 98223 Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 Ahtanum Irrigation District Beth,Ann Brulotte PO Box: 563, Yakima, WA. 98907 Yakima - Klickitat Fisheries Project John Marvin 771 Pence Road, Yakima, V005819 Department of Fish & Wildlife Mark Teske 201 North Pearl, Ellensbur 26 Updated as of04/27/10 #TH 1 City of Yakima Development Services Team e Request For Comments June 28, 2010 1 To From City of Yakima Development Services Team Joseph Calhoun, Assistant Planner Subject. Request for comments Applicant: Apple Tree File Number PLP #003 -10, SEPA #019 -10 Location Vicinity of South 88th and Coolidge Parcel Number 181331- 42003, 42004 DST MEETING DATE 7/14/2010 Proposal ' This application is for a Planned Development, SEPA Review and a 39 lot preliminary plat, known as Cameo Court at Apple Tree The subject property is 9 4 acres and is zoned R -1 The development will consist of 3 phases Phases 1 and 2 will be gated and contain private streets Phase 3 will not be gated and will be built along 86th Avenue, which will connect to the north when future development occurs An application for a Variance to the acreage requirement for a Planned Development will be forthcoming 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 July 14, 2010 at 9:30 a.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 jcalhoun @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105 Should you have any questions, or require additional information, please call me at (509) 575 -6162. 1 Comments 1 1 1 Contact Person Department/Agency DOC. INDEX # 1 1 APPLETREE DEVELOPMENT "CAMEO COURT" PLP #004 -10, VAR #002 -10, SEPA #021 -10, PD #002 -10 ' EXHIBIT LIST 1 CHAPTER E SEPA Review 1 -4: * � � ' '� 'x � � '#t � w e� a v m u c x x a o-4 a a k as "' �s �,. w ° ,. .'� . P Y - � DOGUMENT, y � } � � } DATE r , @M 1 . w f t e. € t ` iry `�, a' x 'v i..r_ ..r Fr `- i> ' j F t B_. D �yded a. ., .<. - LL .=� » F�'Sw�.� b� . r �._ .: �x`. '�; . 3 ,"�: �� � ".,�'� , 1�, �� � "' s a_ Pt , :, +��� E -1 SEPA Checklist 06/23/10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STATE ENVIRONMENTAL POLICY ACT RECEIVED ENVIRONMENTAL CHECKLIST JUN 2 3 2011s 1 CITY Y aF YAKIMA A. BACKGROUND PLANNING DIV 1 1 Name of Proponent: Apple Tree Development, LLC Phone Number (509) 966 3905 ' Address of Proponent: 2550 Borton Road Yakima, WA 98903 ' 2. Person Completing Form. Glen Dural! Phone Number (509) 972 7220 Address: 8550 Occidental Avenue ' Yakima, WA 98903 3 Date Checklist Submitted. May 13, 2010 1 4 Agency Requiring Checklist: City of Yakima Planning Department 5 Name of Proposal, if Applicable Cameo Court at Apple Tree 1 6 Proposed timing or schedule (including phasing, if applicable) 9 PP ' This plat will be developed in three phases. Phase 1 14 lots; Phase 2. 11 lots, Phase 3 14 lots. Proceed with design of infrastructure improvements for Phases 1 and 2 during the Spring of 2010 Upon approval of plans and receipt of permits, proceed with ' construction of Phase 1 during 2010 Proceed with development of Phases 2 and 3 in response to market demand. ' 7 Do you have any plans for future additions, expansions, or further activity related to or connected with this proposal? If yes, explain 1 Yes The 10 acres (approximate) located north of and adjacent to Cameo Court may be developed in the single family lots in the future. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal None Known 1 9 Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain 1 None Known 1 1 DOC. INDEX 1 10 List any govemmental approvals or permits that will be needed for your proposal, if known Preliminary Plat Approval RECEIVED ' SEPA Determination Approval of Street and Sewer Plans JUN 2 3 ?O1[ Building Permits Planned Development Application (for private street) CITY OF YAhll A PLANNING DIV 11 Give brief, 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 1 on this page This proposed plat will subdivide approximately 9 4 acres into 39 single family Tots. Lot sizes will range from approximately 7,200 sf to 9,600 sf Phase 1 will consist of 14 Tots, 1 Phase 2 will consist of 11 lots; Phase 3 will consist of 14 Tots. Approximately 9,200 sf will be green space /common area in Phase 1 The intemal street serving Phase 1 and 2 will be private and gated 1 12 Location of the proposal Give sufficient information for a person to understand the precise location of your proposed 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 application related to this checklist. Cameo Court is located at the northeast comer of the intersection of Coolidge Road and 88 Avenue The SW Quarter of the NW Quarter of the SE Quarter of Section 31, Township 13 North, Range 18 E.W M B. ENVIRONMENTAL ELEMENTS 1. EARTH a General description of the site (circle one) Flat rolling hilly, steep slopes, mountainous, other 1 b What is the steepest slope on the site (approximate percent slope)? Approximately 5 percent. 1 c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the USDA Soils Conservation Service, Soil Survey of Yakima County Area, the soils in the project area are classified primarily as Esquatzel Silt Loam and Harwood Loam INDEX 1 RECEIVED d Are there surface indications or history of unstable soils in the immediate vicinity? ff , describe % U N �B 2 01 C • No CITY OF YAKIMA PLANNING O(V e Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill Usual and normal excavation and embankment construction for new streets and building Tots. Earthwork quantities will be determined during the design phase of the development. Source of fill will be from on -site excavations or from approved /permitted borrow site 1 f 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. Long -term erosion of each individual residential lot is unlikely after home construction because of landscaping. 1 g About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or building)? 1 Approximately 35 percent of the site will be covered with impervious surfacing. The lot coverage maximum in the R -1 zone is 45 percent. 1 h Proposed measures to reduce or control erosion, or other impacts to the earth, if any ' The contractor will be required to utilize appropriate erosion control Best Management Practices to control erosion. Storm drainage improvements will be constructed to comply with City of Yakima standards 2. AIR 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 ' The usual and normal construction odors and dust associated with construction activity will be generated, short-term, and limited to areas immediately adjacent to the construction area. 1 b Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe ' No 1 c. Proposed measures to reduce or control emissions or other impacts to air, if any Construction equipment should be maintained in proper working order by the contractor 1 Watering equipment will be used to reduce dust during construction. ® ®C. INDEX 1 1 RECEIVED 1 3. WATER I U N 2 3 201[ a. Surface CITY OF YAKftiri PLANNING DIV 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 is an existing irrigation pond approximately 250' south of the property 2. Will the project require any work over, in, or adjacent to (within 200 feet) of the 1 described waters? If yes, please describe and attach available plans. No 1 3 Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected Indicate the source of fill material None 4 Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 1 No 5 Does the proposal lie within a 100 -year floodplain? If so, note location on the site 1 plan. No 1 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 1 No b Ground 1 1 Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known Domestic water supply is proposed from the Nob Hill Water Company which has deep source water wells. 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 DOC. C INDEX �j 1 #�' 1 RECEIVED 1 None. Project will be connected to City of Yakima public sanitary sewer ,UN 2 3 ?OIL 1 c. Water Runoff (including storm water) CITY OF YAKIMA PLANNING DIV 1 Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known) Where will the water flow? Will this water flow into other waters? If so, describe The sources of runoff are rainfall and snow melt from the driveways and building roofs, which will be collected and disposed of in surface swales or underground infiltration systems Stormwater treatment and disposal facilities will be sized per City of Yakima design year storm 2. Could waste materials enter ground or surface waters? If so, generally describe It is not anticipated that this project will result in waste materials entering ground or surface water 1 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any ' Storm water runoff from the private road will be retained, treated and disposed of on site in landscaped swales in designated areas. Stormwater from homes will be directed onto landscaped areas on each residential lot. 1 4. PLANTS a Check or circle type of vegetation found on the site deciduous tree: alder, maple, aspen, other evergreen tree fir, cedar, pine, other 1 shrubs grass pasture crop or grain. orchard trees on part of site wet soil plants; cattail, buttercup, bulrush, skunk cabbage, other water plants. water lily, eelgrass, milfoil, other 1 X other types of vegetation b What kind and amount of vegetation will be removed or altered? 1 The site will be cleared of existing grasses and trees where necessary for the construction of street, utility improvements, and home construction for each phase 1 c. List threatened or endangered species known to be on or near the site ' None known d Proposed landscaping, use of native plants, or other measures to preserve or enhance ' vegetation on the site, if any DOC. ' INDEX r✓ -1 1 Approximately 9,200 sf will be designated as open space enhanced with landscaping and 1 will be utilized for stormwater disposal The completed residential homesites will have grass lawns, shrubs, and trees 1 5. ANIMALS a Circle any birds and animals which have been observed on or near the site or are known 1 to be on or near the site Bird hawk, heron, eagle, songbir , other RECEIVED 1 Mammals. deer, bear, elk, eaver, other Fish. bass, salmon, trout, herring, shellfish, other I JUN 2 3 ?WC b List any threatened or endangered species known to be on or near the site CITY OF YAKINi,, None known PLANNING DIV 1 c. Is this site part of a migration route? If so, explain. No 1 d. Proposed measures to preserve or enhance wildlife, if any 1 None 6. ENERGY AND NATURAL RESOURCES a What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the 1 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. 1 b Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe 1 No c. What kinds of energy conservation features are included in the plans of this proposal? 1 List other proposed measures to reduce or control energy impacts, if any None 1 7. ENVIRONMENTAL HEALTH a Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe DOC. 1 INDEX # -1 1 ' No RECEIVED 1 1 Describe special emergency services that might be required. ' U N 2 3 201C None CITY OF YAKINM,i ' PLANNING DIV 2 Proposed measures to reduce or control environmental health hazards, if any None b Noise 1 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 associated with street, utility, and residential construction is anticipated during construction hours. Long -term noise associated with normal residential living 3 Proposed measures to reduce or control noise impacts, if any 1 Comply with City of Yakima working hour regulations ' 8. LAND AND SHORELINE USE a What is the current use of the site and adjacent properties? ' Orchard. ' b Has the site been used for agriculture? If so, describe Yes, apple orchard. ' c Describe any structures on the site One new single - family home is being constructed as a model home d. Will any structures be demolished? !f so, what? ' No 1 DOC. INDEX RECEIVED e What is the current zoning classification of the site? J u N 2 3 ? , U�i� R -1 CITY OF YAKIMm PLANNING DIV f What is the current comprehensive plan designation of the site? Recently annexed by the City of Yakima, assumed designation of low- density residential g If applicable, what is the current shoreline master program designation of the site? NA 1 h Has any part of the site been classified as an "environmentally sensitive" area? 1 No i Approximately how many people would reside or work in the completed project? Approximately 98 people (2 5 people per home) j. Approximately how many people would the completed project displace? None 1 k. Proposed measures to avoid or reduce displacement impacts, if any None 1 1 Proposed 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 Density Residential. 9. HOUSING 111 a Approximately how many units would be provided, if any? Indicate whether high -, middle- 1 or low - income housing Approximately 39 middle income, single - family homes at full development of all phases b Approximately how many units, if any, would be eliminated? Indicate whether high -, middle -, or low - income housing 1 None. c. Proposed measures to reduce or control housing impacts, if any None DOC. INDEX -∎ 1 'IECEtVED ' LiN 2 e 201L 1 10. AESTHETICS � r Jr: YAKIMA P; : NNING DIV. a What is the tallest height of any proposed structure(s), not including antennas, what is the 1 principal exterior building material(s) proposed? The tallest structure may be up to 35 feet in height. The principal exterior building ' material will be lap siding or similar b What views in the immediate vicinity would be altered or obstructed? 1 None c Proposed measures to reduce or control aesthetic impacts, if any ' Cameo Court at Apple Tree is a gated, cottage home communit y and part of the master- planned Apple Tree Resort Development. The cottage 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. 1 11. LIGHT AND GLARE a What type of light or glare will the proposal produce? What time of day would it mainly 1 occur? Typical and normal residential night lighting from dusk until dawn Interior street lights will ' be full cut -off style directing the light down onto the pavement. b Could Tight or glare from the finished project be a safety hazard or interfere with views? 1 No c. What existing off -site sources of light or glare may affect your proposal? ' None 1 d. Proposed measures to reduce or control light and glare impacts, if any - Proposed street lighting, security lighting, and possible accent lighting will be directed toward the interior of the development. ' 12. RECREATION a What designated and informal recreational opportunities are in the immediate vicinity? 1 Apple Tree Golf Course is located across Coolidge Road. A community pool, cabana, and tot lot are located in the adjacent Apple Tree Subdivision 1 DOC. NDEX 1 b Would the proposed project displace any existing recreational uses? If so, describe ' RECEIVED No I U N 2 3 2 010 CITY OF YAKIMA c. Proposed measures to reduce or control impacts on recreation, including recrearIgANNING DIV I opportunities to be provided by the project or applicant, if any - None. 13. HISTORIC AND CULTURAL PRESERVATION a Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe None known b Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site None known 1 c Proposed measures to reduce or control impacts, if any - None proposed ' 14. TRANSPORTATION ' a Identify public streets and highways serving the site, and describe proposed access to the 1 existing street system Show on site plans, if any Coolidge Road abuts The Cameo on the south and South 88 Avenue abuts The Cameo on the west. The development will access Coolidge Road The Cameo will not access 88 Avenue. Coolidge Road intersects with 88 Avenue at the southwest comer of the development and 88 Avenue connects with Occidental Road to the south providing another route east into the City The main access to Phases 1 and 2 will be via a private street and gated entrance from Coolidge Road A separate road entrance will be provided to Phase 3. b Is the site currently served by public transit? If not, what is the approximate distance to 1 the nearest transit stop? No The nearest bus stop is located at Nob Hill and South 72 Avenue, approximately 2 miles to the east. c How many parking spaces would the completed project have? How many would the 1 project eliminate? DOC. i INDEX 1 ECEIVED b Proposed measures to reduce or control direct impacts on public services, if any 1 Tax revenues will contribute to public services INS 2 3 2010 16. UTILITIES `', I f OF YAKIMA 1 PL a Circle the utilities currently available at the site electricity, natural gas, water, refuse NING U! J service, telephone, sanitary sewer, septic system, irrigation, cable TV, drains, other 1 .J 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 Telephone Pacific Power Qwest or Charter Irrigation Yakima - Tieton Natural Gas Cascade Natural Gas Company ' C. SIGNATURE 1 The above answers are true and complete to the best of my knowledge I understand that the lead agency is relying on them to make its decision ` � /`'i'll ' Jo carton App - ree Development, LLC 1 1 1 1 1 D OD. INDEX 1 APPLETREE DEVELOPMENT "CAMEO COURT" PLP#004-10, VAR#002-10 SEPA#021-10, PD#002-10 1 EXHIBIT LIST 1 CHAPTER F Applications 1 mo ioori. i "15 dikfoUrceNtr '',. 41 ; '2:71 F-1 Land Use Application for Preliminary Long Plat and Legal 06/23/10 Description F-2 Planned Development and Draft Development Agreement 06/23/10 F-3 Variance Request 07/13/10 1 F-4 Transportation Concurrency Application 07/23/10 1 1 1 1 1 1 1 1 1 1 - , i'. i' LAND USE APPLICATION II , -1� t I r n CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT , ' . — _, i.r' 129 NORTH SECOND STREET, 2ND FLOOR, YAIUMA, WA 98902 - ' VOICE. (509) 575 -6183 FAX. (509) 575-6105 1 .' INSTRUCTIONS - PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember I to bring all 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 lI and I11 contain additional information specific to your proposal and MUST be attached to this page to complete the application. 1 PART I- GENERAL INFORMATION 1 Applicant's Name, Address, Name And Phone Number > - c j k, � � Street / � I City L A- L r "IA"' ST q P Phone 1( ) gT� .Zvzc bl 2. Applicant's Property Interest Check Owner j One ❑ Purchaser ❑ Other 3. Property Owner's Name, Name /"f /die _.4„,44.41_,_ (CIS Address, And Phone Number Street (If Other Than Applicant) City ST .7;,,, � l Phone ( ) - 4 — 1 4. Subject Property's Assessor's Parcel Number(s): / 5 / 3/ Zoca? t g I ` 5. Legal Description of Property (if lengthy please attach it on a separate document) 1 6. Property's Existing Zoning: ❑ SR -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC ❑ CBD 0 GC ❑ AS ❑ RD ❑ M -1 ❑ M -2 7 Property Address: �,� CO O � t -a- yfl-k% IN k.- - - 8. Type Of Application: (Check All That Apply) ❑ Administrative Adjustment ❑ Environmental Checklist (SEPA) ❑ Easement Release I ❑ Type (2) Review ❑ Right -of- -Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non - Conforming Structure/Use ❑ Critical Areas I ❑ Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended Plat ❑ Appeal ❑ Temporary Use Permit ❑ Binding Site Plan ❑ Home Occupation ❑ Comp Plan Amendment ❑ Planned Development 1 ❑ Short Plat Exemption: ❑ Other PART II - SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART IV - NARRATIVE I 9 SEE ATTACHED SHEETS PART V- CERTIFICATION I0. I certify that the info ion on this application and the required attachments are true and correct to the best drily knowledge. 1 "— PROPERTY OWNERS SIGNATURE DATE 1 FOR ADMINISTRATIVE USE ONLY Revised 12 -08 Notes: FILE # DATE FEE PAID RECEIVED BY Amount Receipt No. Hearing Date I DOC. INDEX z,� # F L i - 1 1 1 City of Yakima, Washington TRANSPORTATION CAPACITY ANALYSIS The Washington State Growth Management Act (RCW 35.70A.70) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted YMC Ch. 12.08 t 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 I FEE: S250 (Receipt # ) Applicant Name: r' P 6,-n: Pr oject Address: .11.• ( c i.ci Contact Person. ,. .m . ' , , Wa. . qVc)'fft _ • Mailing Address: , • : w _ -- J 4 1 It i C t Mme.. (A..5 CL Ci Parcel No(s): / 4 3 .3/ 11 24,02 '4-- ke 9 9 /.� ?/ f Zoo V- I RESIDENTIAL COMMERCIAL INDUSTRIAL I Housing Type' 4 t is > ! 4 Describe Use Describe Use (Single - Family, Apartme ts, etc) I Special Populatio _ Gross Floor Area Gross Floor Area (Nursing Homes, etc) 1 Other' Parking Spaces Parking Spaces (Group Home, Daycare. Church. etc) (Required /Provided) (Required/Prorided) Number of Units 39 Number of Employees Number of Employees • Uses nuts: match up with YMC Ch. 15.04. Table 4 -1 Project Description: (.� ' k C" (� �. ,2, ! ,�< <„A L, „ j ∎ 1/Pe' / c�`� X r kS, -3 rL p.1,�t f fl O , i I Submit this form with a site plan, the application fee, and any attachments to the City of Yakima, Permit Center, 1 Yakima City Hall, 129 N. 2nd Street, Yakima, WA 98901 You will receive a Notice of Decision explaining the Findings of the resulting analysis. Please review the Decision when it is sent to you, as you only have 14 days to file a Request for Reconsideration or an Appeal. I Questions? Contact the City of Yakima, Planning Division, 129 N. 2nd Street, Yakima, WA 98902 1 DOC. 111 INDEX 1 1 1 July 21, 2010 Parcel Number 18133142003 & 18133142004 Name. Cameo Court 1 Application. Land Use & Transportation Capacity Item Number 5 1 1 Legal Description. 1 1 Section 31 Township 13 Range 18 Quarter SE. SW1 /4 NW1 /4 SE1 /4, EX S 20 FT & W 20 FT for RD & EX E 95 FT of W 210 FT of S 160 FT and EX TH PTN deeded to city of Yakima under AF 7 and 1 Section 31 Township 13 Range 18 Quarter SE. E 95 FT of W 210 FT of S 160 FT of SW1 /4 NW1 /4 SE1 /4 1 1 1 1 1 1 DOCb INDEX 1 '010 Variance Request for The Cameo at Apple Tree Vii Pi Part IV — Written Narrative I e��lf- A. Would the granting of the variance be consistent with the general purpose and intent and not be injurious to the neighborhood or otherwise detrimental to the public welfare? 1 Yes The general purpose and intent of The Cameo development is to provide a single family residential subdivision compatible with other previous Apple Tree developments 1 The variance is required because The Cameo will include internal, private, gated streets, which two other Apple Tree subdivisions include However, the City requires a Planned Development designation for the project in order to allow private streets A Planned 1 Development requires 10 acres The project has 9 4 acres, so the variance is requested for 0 6 acre and is minor in nature B. Would granting the variance permit the establishment of a use not permitted in a particular zoning district? No The current zoning is R -1 The Cameo will develop single - family lots consistent with the requirements of the R -1 Zone 1 C Does a unique circumstance exist that is not generally applicable to land or structures in the neighborhood? 1 Yes The Apple Tree Development project began in the 1980's while the property was in Yakima County All previous land use approvals including environmental, types of 1 residential usage (multi family, single family), private streets, and utilities, enabled the Apple Tree Resort area to grow into an attractive and unique residential community to Yakima The unique circumstance is that the Apple Tree Resort property was incorporated into the City of Yakima and the City of Yakima requires the Planned Development designation to construct private streets As explained above, the Planned Development requires 10 acres The project has 9 4 acres In order to provide the same and desirable residential development consistent with Apple Tree Resort, the variance of 0 6 acres is requested for the overall development size of The Cameo D Would the strict application of the provisions deprive the applicant of the reasonable use of such land or structure? Yes Not granting the variance would deprive the applicant of the reasonable use of the Apple Tree Resort area as established over the last 20 plus years The Apple Tree DOCa INDEX 1 1 Master Plan, envisioned over 20 years ago has been promulgated by the consistent application of land use approvals, including the construction of private streets 1 E Does an unnecessary hardship exist? Yes The construction of quality, single - family homes along gated, private streets is a highly sought -after feature not readily available in the immediate Yakima area To deny the variance of the overall parcel size would deny the construction of private streets — 1 something the home - buying public is wanting based upon pre -sales of lots in The Cameo development. The developer has based his long -range development plans on the demonstrated success of the Apple Tree Resort and we believe he has a reasonable ' expectation of consistent entitlements regardless of the annexation by the City of Yakima F What is the minimum variance needed? The minimum variance needed is 0 6 acres in order to allow the Planned Development designation which would allow the construction of the private streets 1 G Is the property located in the Floodplain or Airport Overlay? The Cameo at Apple Tree is not located in the Floodplain or Airport Overlay 1 RECEIVED �1 Cl V OF Pi_ \ ij r 1 1 1 1 1 1 DOC. INDEX 1 Supplemental Application For 1 PLANNED DEVELOPMENTR YAKIMA MUNICIPAL CODE CHAPTER 15.28 CITY OF YAKIMA _ PART II - APPLICATION INFORMATION I J u 1 PROPERTY OWNERS (attach if long) List all parties and financial institutions having an interest in the property A7 P i . - E 7Y ,pEVn-i_9Pri/ eX1 / 2. SURVEYOR AND /OR CONTACT PERSON WITH THEIR CONTACT INFORMATION f7Ul (3 /A T6E L OUm/ih/ /fi SS / NG G NL12 ZUG, i°1-5 (.539j 966.. 7e00 3 NAME OF PLANNED DEVELOPMENT C, Cpy2.7- /j- At"HciLE 77 1 4 ZONING OF SUBJECT PROPERTY (check all that apply) ❑ SR [,R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M -1 ❑ M -2 5 SITE FEATURES. t A. General Description: ❑ Flat ' Gentle Slopes ❑ Steepened Slopes B Describe any indication of hazards associated with unstable soils in the area, i.e. slides or slipping? /VOA/ . 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? A/0 6 UTILITY AND SERVICES (Check all that are available) , ' Electricity Ceg Telephone a Natural Gas IXSewer C'Cab1e TV [Water Mt lki irrigation 7 OTHER INFORMATION A. Distance to Closest Fire Hydrant: 3Gb B Distance to Nearest School (and name of school) AA /H- S Z ^,// LC S I C. Distance to Nearest Park (and name of park): Z. 5 1 LE5 14 (//1 LL E / P /(- D Method of Handling Stormwater Drainage: 5 //Ll - 7} - Ge (NP71,--772 -A 7eN E. Type of Planned Development: 2 Residential ❑ Commercial ❑ Industrial ❑ Mixed Use PART III - REQUIRED ATTACHMENTS 8. PRELIMINARY PLAT /SITE PLAN REQUIRED (Please use the attached City of Yakima Plat/Site Plan Checklist) 9 TITLE REPORT (disclosing all lien holders and owners of record): 10 TRAFFIC CONCURRENCY (if required, see YMC Ch. 12 08, Traffic Capacity Test). 11 ENVIRONMENTAL CHECKLIST (required) 477 - 0-111- 12 NARRATIVE. (attached, required) f j7)I ' 13 DRAFT DEVELOPMENT AGREEMENT (which shall include. Narrative Description of Project and Objectives; Summary of Development Standards; Site Plan Elements; Development Phasing, including times of performance to preserve vesting (YMC 15.28.070), Public Meeting Summaries; Performance Standards and Conditions addressing the items above, Criteria for Determining Major vs. Minor Modifications and amendments; and, Signatures by each owner of property within the Master Development Plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained within the approved Plan and Development Agreement.) I hereby authorize the submittal of the planned development 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 approval and that failure to meet these conditions may result in denial of the development. ? "a...) AK Q.e--&-■""e--, be 6 - /0 Property Owner Signature (required) Date t Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 575 -6183 Revised 12 -08 uo e INDEX 1 R CELVED ' Supplemental Application For a do , '- PLANNED DEVELOPMENT JUN 2 3 2010 4 . ' YAKIMA MUNICIPAL CODE CHAPTER 15.28 .�- 1 CITY OF 1'AIrIMA PLANNING ells' PART IV - NARRATIVE 1 What land uses are proposed? _ /1 1 2. Will the land be subdivided? If so, what type of subdivision? (Long Plat Short Plat, Binding Site Plan, etc) 1 3 How does the proposed Planned Development allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? 4 Describe how the r p oposed Planned Development facilitates the efficient use of the land. 1 1 5 Describe how the proposed Planned Development increases economic feasibility (i.e. fostering efficient arrangement of land use, buildings, transportation systems, open space, and utilities) 1 6 How does the proposed Planned Development preserve or enhance natural amenities, features, shorelines and critical areas in the development of the site? 1 7 Identify environmental impacts and appropriate mitigation measures. 1 1 8. How does the proposed Planned Development encourage environmentally sustainable development? 1 1 1 DOC. INDEX 9 What services and facilities are available to serve the subject property? Are those services adequate? N 2 3 ? I OF v AKIllfiA PLANI4Iif G UIV 10 Will the proposed development promote economic development, job creation, diversification, or affordable housing? r 11 How does the proposed development create vibrant mixed -use neighborhoods, with a balance of housing, employment, commercial, and recreational opportunities? , 12 How is the proposed development consistent with goals, policies, and objectives of the Yakima Urban Area 1 Comprehensive Plan? 1 13 How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? 14 Does the proposed Planned Development promote a sound system for traffic and pedestrian circulation? Describe. ' 15 How does the proposed Planned Development promote open space and use of natural and/or developed amenities? 1 16 Will the proposed Planned Development provide an architecturally attractive, durable, and energy efficient development? 1 17 Please provide a summary of all previous known land use decisions affecting the applicant's property and all outstanding conditions of approval with respect to such prior land use decisions. 18 Any other development standards proposed to be modified from the underlying zoning district requirements. 19 What are the sth ae etic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts. 19 Please provide an inventory of any on -site cultural, historic, and/or archaeological resources. Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 575 -6183 Revised 12 - 08 111 D C. 1 INDEX F -2 1 Planned Development — Residential RECEIVED Part IV — Narrative JUN 2 3 201u 1 What land uses are proposed? CITY OF YAKINMA Proposed land use will be R -1 PLANNING WV ' 2. Will the land be subdivided? If so, what type of subdivision? (long plat, short plat, binding site plan, etc) 1 The land will be long platted into 39 single - family lots in three phases 3. How does the proposed Planned Development allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? The only "flexibility in development standards and permitted uses" requested is the construction of private streets in accordance with Title 12, Section 12.06 090 to serve the lots rather than a public street. 1 The existing adjacent Apple Tree Resort development consists of single — family residential lots and private streets The proposed development will be compatible with 1 the existing Apple Tree Resort Development and Coolidge Heights on the West. 4 Describe how the proposed Planned Development facilitates the efficient use of land. The proposed development will meet the criteria for single — family developments P 9 Y P including lot size, setbacks, and lot coverage 5. Describe how the proposed Planned Development increases economic feasibility (i.e. fostering efficient arrangement of land use, buildings, transportation systems, open space, and utilities) The proposed subdivision will provide a new gated (Phasel and 2) community of cottage homes priced somewhat lower than the homes offered in the Apple Tree Resort Development. The proposed subdivision will set aside approximately 9,200 sf of open 1 space for common area and storm drainage disposal. 6. How does the proposed Planned Development preserve or enhance natural amenities, ' features, shorelines, and critical areas in the development of the site? 1 No existing shorelines or critical areas will be disturbed by this development. The lots fronting on Coolidge Road will have views of the Apple Tree Golf Course D ®C. INDEX RECEIVED 1 JUN 2 3 2011' 7 Identify environmental impacts and appropriate mitigation measures. CITY OF Y I IMI PLANNING UIV No environmental impacts are anticipated with this proposed subdivision. Refer to the 111 SEPA Checklist. No comments or mitigation measures have been identified by the lead agency 8. How does the proposed Planned Development encourage environmentally sustainable development? The proposed open space for storm drainage treatment and P g d disposal promotes environmentally sustainable development. 9 What services and facilities are available to serve the subject property? Are those services adequate? Domestic Water Nob Hill Water Association Sanitary Sewer City of Yakima 1 Refuse: City of Yakima or private company Power Pacific Power Telephone. Qwest or Charter 1 Irrigation Yakima - Tieton Natural Gas: Cascade Natural Gas Company All services are adequate to serve the development. 10 Will the proposed development promote economic development, job creation, diversification, or affordable housing? The proposed development will promote economic development and job creation during construction of the infrastructure (water, sewer, streets) and during home construction. The proposed subdivision will offer a community of cottage homes priced somewhat 1 lower than the homes offered in the Apple Tree Resort Development. 11 How does the proposed development create vibrant mixed -use neighborhoods, with 1 a balance of housing, employment, commercial, and recreational opportunities? The proposed development is not a mixed -use development. Homeowners in this 1 single - family subdivision will have access to the Apple Tree Golf Course, the Apple Tree Restaurant, and neighborhood amenities such as swimming pools and family areas 1 1 DCC. 1 INDEX ECEWQED IA `j 3 2J?J 12. How is the proposed development consistent with goals, policies, and objectiv,e0 or YAKIM the Yakima Urban Area Comprehensive Plan? P; 7)!V The proposed subdivision is in -zone and in -use according to the Yakima Urban Area Comprehensive Plan 2025 13. How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? The proposed subdivision is a natural extension of the existing Apple le Tree Resort which is a Master Planned Development started in Yakima County in the 1980's 14 Does the ro osed. Planned p p n ed Development promote a sound system for traffic and ' pedestrian circulation? Describe. Yes The internal, proposed private street for Phase 1 and Phase 2 is a closed cul-de- sac street creating a gated private neighborhood. The private street will be constructed to City of Yakima standards for a public residential street with sidewalks on both sides The City of Yakima is constructing Coolidge Road with asphalt paving, and curb and gutters. The Developer will construct sidewalk on the north side of Coolidge along the project frontage 15. How does the proposed Planned Development promote open space and use of natural and /or developed amenities? 1 Building setbacks for the R -1 Zone will be followed creating the necessary open space The 9,200 sf lot for storm drainage will be landscaped and provide additional open space. Homeowners in this subdivision will have access to the Apple Tree Golf Course, the Apple Tree Restaurant, and neighborhood amenities such as swimming pools and family areas 16. Will the proposed Planned Development provide an architecturally attractive, durable, and energy efficient development? The smaller, cottage style homes offered in this subdivision will adhere to the a s me high architectural standards as the large homes in the existing Apple Tree subdivision. 17 Please provide a summary of all previous known land use decisions affecting the applicant's property and all outstanding conditions of approval with respect to such prior land use decisions. This parcel has been used as orchard and was recently annexed by the City of Yakima as R -1 property r D ®Co INDEX 1 18. Any other development standards proposed to be modified from the underlying 1 zoning district requirements. None. 1 19. What are the aesthetic considerations related to building bulk, architectural compatibility, Tight and glare, urban design, solar access and shadow impacts. Building setbacks for the R -1 Zone will be followed creating the necessary open space The 9,200 sf lot for storm drainage will be landscaped and provide additional open space. The smaller, cottage style homes offered in this subdivision will adhere to the same high architectural standards as the large homes in the existing Apple Tree 1 subdivision. 20. Please provide an inventory of any on -site cultural, historic, and /or archaeological 1 resources. RECEIVED None known. JUN 2 3 ?oii- CITY OF YPIdm PLANNING C)IVa 1 1 1 1 1 1 1 1 DOC. 1 INDEX Development Agreement By and Between RECEIVED ' City of Yakima and JU\?2I?OW Apple Tree Construction Company, LLC for CAMEO COURT AT APPLE TREE SUBDIVISION CITY GF Iivit, PLANNING GIV This Development Agreement ( "Agreement. ") is made and entered into between the City of Yakima, a Washington municipal. corporation ( "City') and Apple Tree Construction Company, LLC, a Washington limited liability company ( "Apple Tree" or "Developer ") I. RECITALS Whereas, the City is a first class charter city incorporated under the laws of the State of Washington and has the authonty to enact; laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits, and Whereas, the City has the authonty to enter into development agreements with those who own or control property within its junsdiction pursuant to RCW 36 70B 170(1); and Whereas, Developer is the owner of a parcel of approximately 9 5 acres at the 1 northeast corner intersection of Coolidge and 88th Ave , Yakima, WA (the "Property ") The Property is legally described as follows 1 See Attached Exhibit A. and incorporated herein, and Whereas, Developer has proposed a 39 lot subdivision and comprised of three 3 P P P P ( ) 1 phases together with a master planned development with development features unique to the Property including gates and private interior roadways, and ' Whereas, Apple Tree is in the process of developing an approved master planned development known as "Apple Tree Resort Development" on approximately three hundred (300) acres of land adjacent to the Property; and Whereas, Apple Tree and City cooperated in a public /private partnership to design and construct public wastewater line and service facilities in order to provide wastewater service to the Ahtanum Sub - Basin. Sewer construction and financing was provided by Apple Tree Partnership pursuant to Sewer Construction and Bond Purchase Agreement dated November 14, 2000 Cameo Court is situated within the benefit area and properties ' Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -1- ®®c. INDEX r —Z RECEIVED' subject to agreements with regard to wastewater connections as set forth in the referenced `\ 2_011 agreement; and OF YAKIMA Whereas, a master planned development overlay (PD) is a comprehensivePLANNING DIV 1 development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments, densities and /or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources, and amenities, and Whereas, pursuant to the Growth Management Act, RCW 36 70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the Property Suburban Residential and Whereas, the parties intend this agreement to guide the current and future uses of the property, now, therefore, II. AGREEMENT In consideration of mutual benefits, the parties agree as follows 1 Subject Property. ro Developer proposed subdivision and development of p P P the Property as more particularly set forth in the approved preliminary plat of Cameo Court at Apple Tree ( "Subdivision" or "Cameo Court") — Exhibit B Cameo Court 1 includes a private gated residential subdivision (Phases I and II) and an adjacent phase (Phase III) served by public road collectively consisting of thirty -nine (39) lots Cameo Court was reviewed and recommended for approval by the Yakima Urban Area Hearing Examiner as set forth in Hearing Examiner's Recommendation dated , 2010, and the Subdivision and master plan was approved by City Council on , 2010 2 Development Terms. (a) Final Plat — Completion and Recording. Developer agrees to abide by the terms and conditions established by City for the preliminary plat of Cameo Court, including construction of all infrastructure and improvements described on the preliminary plat /planned development site plan map and required by plat and master plan decisions 1 (b) Mitigated Determination of Nonsignificance Developer agrees that the Property shall be used and developed in a manner consistent with the project description identified in the Washington State Environmental Policy Act Mitigated Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -2- DOCo INDEX i t Determination of Nonsignificance issued by the City of Yakima on 2010 and incorporated herein by this reference as set forth in full (the "MDNS ") L 23 201 ' (c) Gate and Intenor Roads. Cameo Court Phases I and II will be t,,; y OF Yt�KIiVI developed as a gated private residential community Gate location shall be as set forth on PLANNING DIV attached Exhibit B Intenor roadways for those phases shall be private and maintained by ' Apple Tree and /or a home owners' association established for or by residents of Cameo Court. (d) Phased Development. Cameo Court is designed as a phased residential development. Development shall proceed at such times and manner as determined reasonable and/or appropnate by Apple Tree and subdivision and master plan approval shall continue for the penod specified herein. Any residential construction shall be subject to applicable building codes in place at time of building permit application. M (e) Wastewater Connections Residential lots and improvements within Cameo Court shall be entitled to wastewater connection waivers as more particularly set forth in that certain Sewer Construction and Bond Purchase Agreement dated November 14, 2000 Such agreement specifically provides that properties within Apple Tree Resort Development (identified to include 225 acres of residential /commercial developable property) would not be charged for any Collection Element of the current or future wastewater connection charges 1 (f) Dedication of Right -of -Way Developer shall dedicate the westerly five (5) feet of Property located on the east side of 88 Avenue for future public right -of -way Right -of -way dedication shall be reflected upon final plat recording for ' Cameo Court. 3 Term This Agreement shall continue in force for a period of thirty -five (35) years unless extended or terminated as provided herein or when the property has been fully developed, whichever first occurs Notwithstanding the generality of the foregoing, the parties expressly agree and covenant that the streets within the proposed development shall remain private and the development may maintain private and limited access through use of access controls and gate U 4 Vesting. The master planned development and subdivision shall be vested to development regulations, standards, conditions, and laws applicable at the time the Development Agreement is recorded, inclusive of specific conditions and standards set ' forth in said Development Agreement. The vesting period shall be for the "Term" of the Agreement. During the stated vesting period the applicant shall be entitled to implement the master planned development and Subdivision in accordance with the terms and conditions of approval set forth herein. Vesting of rights also include reservation of traffic capacity on public streets and roadways and capacity in public facilities such as sewer and water II Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -3- DOC. INDEX 1 5 City's Reservation of Rights The parties intend this Agreement to be ECEWEI interpreted to the full extent authorized by law as an exercise of the City's authonty to enter into development agreements pursuant to RCW 36 70B 170 Provided, however, J tJ N 2 that this Agreement shall be construed to exclude from the scope of this Agreement and 1Y OF Yf1Kh to reserve to the City the authonty which is prohibited by law from being subject to the PLANNING DIV mutual agreement with consideration of parties acting under Ch. 36 70B RCW Without limitation, this shall include the right of the City to impose new or different conditions on the property to the extent required by a senous threat to public health and safety 6 Default/Notices. No party shall be in default under this Agreement unless it has failed to perform as required for a period of thirty (30) days after wntten notice of default to the other party Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily The party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation, damages, specific performance or wnts to compel performance or require action consistent with this Agreement. 7 Assignment of Interests, Rights and Obligations This Agreement shall be binding and inure to the benefit of the parties No party may assign its rights under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the 1 benefit of the heirs, successors, and assigns of Developer and the City 8 Appeals In the event that any of the permits or approvals associated 1 with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval, are or may be appealed, then in that event, the City's obhgations under this Agreement, and under the above - referenced 1 development entitlements, shall be suspended, and may be terminated upon either order of court of competent jurisdiction or . mutual agreement of the parties. Developer agrees not to appeal any of the previously required permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval. 9 Third Partv Legal Challenge. In the event any legal action or special proceeding is commenced against the City by any person or entity other than a party to this Agreement to challenge this Agreement or any provision herein, including any of the permits, approvals, or entitlements associated with this Agreement, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and Developer shall have the sole responsibility for defense of the third party legal challenge The tender and acceptance thereof shall relate solely to defense of the claims but shall not include assumption of any municipal liability, obligation or legal responsibility arising from or related to challenged municipal acts or omissions The Developer shall not settle Development Agreement By and Between City of Yakima and Apple Tree Construction Company LLC for Cameo Court at Apple Tree Subdivision -4- DOC. INDEX # F - Z m 11 any such tendered lawsuit without the consent of the City, which consent shall not be ECE'VEC unreasonably withheld. (' 10 Developer's Warranties and Representations Developer represents U N 2 3 ? 01 a nd warrants to City that Developer has a property interest in the property, and that the CITY OF YAKIM covenants and obligations of Developer in this Agreement and in the permits, approvals, PLANNING Dv and entitlements associated with this Agreement and the proposed development do not violate or constitute a default under or breach of any agreement between Developer and any third party by which Developer is bound. Developer represents and warrants to City that Developer is fully authonzed to enter into and perform its obligations under this Agreement Developer represents and warrants to City that there is neither pending nor, to the knowledge of Developer, any threatened legal action, arbitration or administrative 11 hearing before any governmental authonty to which Developer is a party and which could enjoin or restnct Developer's right or ability to perform its obligations under this Agreement. 11 Modification of an Approved Master Planned Development Overlay Modifications to the adopted master development plan and/or Development Agreement 11 may be required from time to time Minor modifications will be subject to Type (1) review as defined in YMC Chapter 15 13 The administrative official shall review modifications to adopted master development plan and/or Development Agreement as a I minor modification if it has been determined that (a) The amendment does not increase the areas identified for any I� particular land use or increase the residential density approved in the master plan, (b) The amendment does not increase the total area of nonresidential uses by more than five percent (5 %), ' (c) The amendment does. not materially change the type and character I of approved uses, 11 (d) The amendment does not matenally change parking or traffic circulation within the development; II (e) The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures, (f) The amendment does not materially impact the overall design of the approved master plan, and (g) Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the master planned development which are deemed not to be matenal or significant in relation to the entire master planned I Development Agreement By and Between City of Yakima and Apple Tree Construction Company LLC �' for Cameo Court at Apple Tree Subdivision -5- DOCe INDEX 1 development and are determined not to have any significant adverse effect on adjacent or RECEIVE nearby lands or the public health, safety or welfare U\l 2 3 "Z Major modifications will be subject to Type (3) review as defined in YMC Chapter 15 15 (,;11 OF Y W and shall be referred to the Hearing Examiner in accordance with YMC 15 15 040 A PLANNING UQ "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove 12 Severability If any provision of this Agreement are determined to be unenforceable or invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. 1 13 Agreement to be Recorded This Agreement may be modified only by written agreement of the parties hereto This Agreement or a memorandum thereof shall be recorded against the Property as a covenant with the land which touches and concerns the Property and shall be binding upon the City and Developer, their heirs, successors and assigns, and all future owners of the Property Developer shall be responsible for the costs of recording. 14 Specific Performance The parties specifically agree that damages are 1 not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. 1 15 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action 1 shall he in Yakima County Superior Court. 16 Attorneys' Fees In the event of any litigation or dispute resolution 1 process between the parties regarding an alleged breach of this Agreement, neither party shall be entitled to any award of attorneys' fees 17 No Third Party Beneficiaries This Agreement is for the benefit of the parties hereto only and is not intended to benefit any other person or entity No person or entity not a party to this Agreement (other than a subsequent owner of a lot in the Plat of Cameo Court) may enforce the terms and provisions of this Agreement. 18 Integration This Agreement represents the entire agreement of the 1' parties with respect to the subject matter hereof. There are no other agreements between the parties, oral or wntten, except as expressly set forth herein. Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -6- DOCo INDEX 1 1 19 Covenants Running with the Land The conditions and covenants set 'RECEIVE( forth in this Agreement shall run with the land Developer and every purchaser, assignee, or transferee of any interest in the Property or any portion thereof, shall be obligated and j LJ N 2 3 201 bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, GI (Y OF assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe PLANNING OR ' and fully perform all of the duties and obligations of the Developer contained in this Agreement, as such duties and obligations pertain to that portion of the Property sold, assigned, or transferred to it. 20 Notices Notices, demands or correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid, first -class mail to the following 1 addresses City Manager City of Yakima 129 North Second Street Yakima, WA 98902 1 Apple Tree Apple Tree Construction Company, LLC 8805 Occidental Avenue Yakima, WA 98903 1 Notices to subsequent owners of lots in the Plat of Cameo Court shall be required to be given by the City only for those owners who have given the City written notice of their address for such notice. A party hereto shall, from time to time, advise the other of new 1 addresses for such notices, demands, or correspondence 1 1 [SIGNATURES ON FOLLOWING PAGE] 1 1 1 Development Agreement By and Between City of Yakima and Apple Tree Construction Company LLC for Cameo Court at Apple Tree Subdivision -7- DOCo INDEX 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth below ECERVE I CITY OF YAKIM.A By ,,UN 2 3 201 Richard A. Zais, Jr Gi (Y UN YMkIM City Manager PLANNING DIIV 1 APPLE TREE CONSTRUCTION COMPANY, LLC a Washington Limited Liability Company By John E Borton Managing Member 1 By Byron G Borton Managing Member 1 STATE OF WASHINGTON ) ss County of Yakima ) I certify that 'I know or have satisfactory evidence that RICHARD A. ZAIS, Jr is the person who appeared before me, and said person acknowledged that he is authorized to execute the instrument as the City Manager of CITY OF YAKIMA, and acknowledged to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of June, 2010 SEAL Print Name NOTARY PUBLIC m and for the state of Washington. residing at My appomtment expires 1 Development Agreement By and Between 1 Cite of Yakima and Apple Tree Construction Company LLC for Cameo Court at Apple Tree Subdivision -8- DOC. INDEX 'RECEIVED STATE OF WASHINGTON ) County of Yakima ) ss U N. 1� l U 1 L CTY nF Yt�F:fi�t I I certify that I know or have satisfactory evidence that JOHN E. BORTON is the ?LA NING 01V person who appeared before me, and said person acknowledged that he is authonzed to execute the instrument as the Managing Member of APPLE TREE CONSTRUCTION COMPANY, LLC, and acknowledged to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of June, 2010 1 [ SEAL ] Print Name NOTARY PUBLIC m and for the state of Washington, residing at My appointment expires 1 STATE OF WASHINGTON ) ) ss. County of Yakima ) 1 I certify that I know or have satisfactory evidence that BYRON G BORTON is the person who appeared before me, and said person acknowledged that he is authorized to execute the instrument as the Managing Member of APPLE TREE CONSTRUCTION COMPANY, LLC, and acknowledged to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of June, 2010 [ SEAL ] Print Name NOTARY PUBLIC m and for the state of Washington, residing at My appointment expires g: \tcc\apple tree construction co \cameo court subdivision june 2010 \development agreement.doc 6/22/2010 4:55 pmtd 1 ' Development Agreement By and Between City- of Yakima and Apple Tree Construction Company LLC for Cameo Court at Apple Tree Subdivision -9- f DOC. INDEX # _F EXHIBIT "A" 1 LEGAL DESCRIPTION 1 181331 -42002 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M , DESCRIBED AS FOLLOWS JUN 2 S 1011' 4 BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION CH ¥ OF Y�"11�liu,r� 31, A DISTANCE OF 1502.2 FEET NORTH 1 °14' EAST FROM THE SOUTHWEST CORNER OF SAID PLANNING nf4.1 SOUTHEAST QUARTER, THENCE SOUTH 88 °56' EAST 115 8 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 88 °56' EAST 95 FEET, THENCE SOUTH 1°04' WEST 160 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, THENCE NORTH 88 °56' WEST ALONG SAID SOUTH LINE 95 FEET, THENCE NORTH 1 °04' 160 FEET TO THE POINT OF BEGINNING EXCEPT ANY PORTION THEREOF LYING WITHIN COOLIDGE AVENUE 181331 -42003 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 1 OF SECTION 31, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M EXCEPT THE SOUTH 20 FEET AND THE WEST 20 FEET THEREOF FOR ROAD, 1 AND EXCEPT THE FOLLOWING DESCRIBED TRACT BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 31, A DISTANCE OF 1502.2 FEET NORTH 1°14' EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER, THENCE SOUTH 88 °56' EAST 115 8 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 88 °56' EAST 95 FEET, THENCESOUTH 1 °04' WEST 160 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, THENCE- NORTH 88 °56'- WEST- AL- ONG -SA-ID SOUTH -LINE-95-FEET, THENCE NORTH 1°04' 160 FEET TO THE POINT OF BEGINNING 1 1 1 1 1 UDC. 1 INDEX NM - - w MI - Mil N - MN - 1 - - - M - NMI MI RECEIVED CEIVED JUN 2 3 2010 CITY OF YAKIM PLANNING DIV - - LE0_?L DFSCRIPTION PRELIMINARY PLAT OF 0.11,11 27101 : x ,x .x , .T.x , 012. 4 «nx''„«E,=, w: «p s"`"'l "Cameo Court at Apple Tree SEW... row, ON ITIE .251 1.92E OF WE 57201 MANI. 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II I Cr'- n! efrk i G' e 9'� �I- n 3 -1.' cas, cM• F DRAIIi IDUnw1s nm r I -- I - I o c 70ll I Ma. CaaaCE ° nwi w 1 Ii 1 1 D ¢D A14n NOT 52-10.1 0, _ .1j 11 _ ,,,r, J i I N",i, o NATURAL 0 II 9` ' 1 j 1 1 1 L c. ° = H @ ,s> o �1 1 I ._ LP Ir.E ;PHONE. N f•n5 •. (� Cn l E Iv a O Lnr LOCAng15 Af.[ " �+ � " 'l'.°.'"1".47* 0 6 -0] -t0 RE VISEO OIMENSIOIJS ON Na LINE OF PHASE 3 THESE n COOLIDGE ROAD (PUBLIC) LOOKING EAST 0(83(2noN ON E. SIDE o r eau, ulAH FOR ES.GE AT SERVING xo „ ".c.L, i a = 4 06-07-10 ADDED 5' 8/ - N15,ALLA 1 «J O N21a rAOLINES 1° OB NUMBER DATE Apple Tree Partnership AT T a "__ DE ENGINEER /SURVEYOR SITE IN oacas 5-22-10 a `�'w°ryjhyc 4 � , ., 0� APPLE TREE 0E LOPMENT N0IBREOTSE. 10'11.1„4 ASSOC INC, 6709 COOLIDGE ROAD EILE NAMES • � Ilnlbregtse, Loutnatt Associates, Mc. f 4 2550 800.704 ROAD 601 r1 }g IF A1•ENl1E 'AY.IIAA wASN 96908 DR AN4NG 08085 DWG ' Cameo Court at Apple Tree or „ A c c ' .. VV 1.. 5AI9NLA 1E050 19000N 98908 TANIMA WASHINGTON 9890: PARCEL NUMBER: YAKIMA COUNTY, WASHINGTON • "CIVIL EHGINFERINC. LAND Sin/EYING PLANNING i 181331- 42003 1 G 2' z -" ` ; (5091 D , - ER1C WI-ETCHER. 1 /021 PE 181331 -42004 001 9 9 -, Awns sa .� x . 4£ . ERIC T NEazoc. Pls DESK B (' 0.10 PRELIMINAR'I PLAT - _ w • (5091 945 -St 11 (515) 98E-:o0o lay t5098 905 -1E00 1 3 70.2„1. F' ^\ 1 of ...,I (509) 36R -7000 ZONE R - ENTERED BY. KD't . 1 419at:ti LAND USE APPLICATION RECEIVED 1/41) CITY O F YAKD4A, DEPARTMENT O F COMMUNITY AND ECONOMIC DEVELOPMENT 3 O 7 ri 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 VOICE: (509) 575-6183 FAX. (509) 575 -6105 CITY OF YAK Mt; 1 INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers dandy wL-Fzl+INli`A' L Ai Answer all questions completely If you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted The Planning Division cannot accept an 1 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 II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. PART I— GENERAL INFORMATION 1 Applicant's Name, Address, Name APFt TkEE ( vELt.1'' f_=tk+r And Phone Number Street 2 55® 4361k-7 A/ a/1D City yfi'Kft ST W,4 Zip 98TOS Phone ( ) /4S I 111 2. Applicant's Property Interest Check One 12 Owner ❑ Agent ❑ Purchaser ❑ Other 3 Property Owner's Name, Name 5 ff "J-/ Address, And Phone Number 1 (If Other Than Applicant) Street City ST Zip Phone ( ) 4 Subject Property's Assessor's Parcel Number(s): / 6/ 3 3/ 4 4ZOD 4 111 5 Legal Description of Property (if lengthy, p ease attach it on a separate document) 64 /97 ieNeD 6. Property's Existing Zoning: 1 ❑ SR 'R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M -1 ❑ M -2 7 Property Address: e3 o r', [O UL IO Ge L''# v j y,9- , wi r?g oa 8. Type Of Application. (Check All That Apply) 1 ❑ Administrative Adjustment to Environmental Checklist (SEPA) ❑ Easement Release ❑ Type (2) Review ❑ Right -of -Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non - Conforming Structure/Use ❑ Critical Areas 0 Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended Plat ❑ Appeal ❑ Temporary Use Permit ❑ Binding Site Plan ❑ Home Occupation ❑ Comp Plan Amendment ® Planned Development ❑ Short Plat Exemption: ❑ Other: I PART 11 — SUPPLEMENTAL APPLICATION & PART III —REQUIRED ATTACHMENTS 9 SEE ATTACHED SHEETS PART V — CERTIFICATION I 10 I certify that the mformatio on this application and the required attachments are true and correct to the best of my knowledge. p f" - e . ..-74 Al4e2/1 A 6 - , --/a II OPERTY OWNERS SIGNATURE DATE FOR ADMINISTRATIVE USE ONLY Revised 12 -08 Notes: FILE # 1 DATE FEE PAID RECEIVED BY Amount Receipt No. Hearing Date tU.._ — ) ;-- t C, CW, k,urq r s os DO 12_- k 0 O Pf?)- 1 DOC. INDEX 1 # F- 1 1 RECEIVED 1 Supplemental Application For r' " '4, PRELIMINARY LONG PLAT JUN 2 3 20V t I t J l i CITY OF YAKIMA, SUBDIVISION ORDINANCE, TITLE 14 CITY OF YAKI11i'A PLANNING DIV 1 PART - . APPLICATION .INFORMATION 1 PROPERTY OWNERS (attach if long) List all parties and financial institutions having an interest in the property 1 Xei'LC Pzer ocvet_z 1 2. SURVEYOR AND /OR CONTACT PERSON WITH THEIR CONTACT INFORMATION /-/vl/3 61 Lot/it-MA: A5S 09 vG E , 1 C fta2zalo, PLS (5 ,GC. - 70 00 1 3 NAME OF SUBDIVISION CAME Coos AT ArPi T,eEE 4 NUMBER OF LOTS AND THE RANGE OF LOT SIZES Fl / ' /¢LpT5 PH 2 // Cors, PH 3 • 4- 1-4 1 5 SITE FEATURES 7z ao �_ -�/- 7b 9S'� _ - A. General Description. ❑ Flat Gentle Slopes ❑ Steepened Slopes B Describe any indication of hazards associated with unstable soils in the area, i.e. slides or slipping? 4/d/i 1 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? ,VCS 6 UTILITY AND SERVICES (Check all that are available) 1 [}Electricity 0 Telephone IgNatural Gas [Sewer XCable TV DieWater A/1f W ,'Irrigation 7 OTHER INFORMATION 1 A. Distance to Closest Fire Hydrant: 3 C o JET B. Distance to Nearest School (and name of school) / i11 / l.t t wV /f S C. Distance to Nearest Park (and name of park): ? S ti L S Sr MLLE ("Y -- 1 D Method of Handling Stormwater Drainage: 5l/ /.f'-i� CE /NF7LPP2.A n ©N E. Type of Potential Uses: (check all that apply) 1 IXSingle- Family Dwellings ❑ Two - Family Dwellings ❑ Multi- Family Dwellings ❑ Commercial ❑ Industrial 'PART III - REQUIRED ATTACHMENTS 8 PRELIMINARY PLAT REQUIRED• (Please use the attached City of Yakima Preliminary Plat Checklist) , I 9 TRAFFIC CONCURRENCY (if required, see YMC Ch. 12.08, Traffic Capacity Test) 10 ENVIRONMENTAL CHECKLIST (required) ,47 C /a7 1 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 1 failure to meet these conditions may result in denial of the final plat. Property Owner Signature (required) Date Note. if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N 2nd St., 1 Yakima, WA or 509 -575 -6183 Revised 12 -08 INDEX 1 LEGAL DESCRIPTION RECEIVED 1 181331 -42002 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE JUN 2 3 ` 01C� SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M , CITY OF YAKIMA 1 DESCRIBED AS FOLLOWS PLANNING ON BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 1502.2 FEET NORTH 1°14' EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER, THENCE SOUTH 88 °56' EAST 115 8 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 88 °56' EAST 95 FEET, THENCE SOUTH 1°04' WEST 160 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, THENCE NORTH 88 °56' WEST ALONG SAID SOUTH LINE 95 FEET, THENCE NORTH 1°04' 160 FEET TO THE POINT OF BEGINNING EXCEPT ANY PORTION THEREOF LYING WITHIN COOLIDGE AVENUE. 1 181331 -42003 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 1 OF SECTION 31, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M EXCEPT THE SOUTH 20 FEET AND THE WEST 20 FEET THEREOF FOR ROAD; 1 AND EXCEPT THE FOLLOWING DESCRIBED TRACT BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 31, A DISTANCE OF 1502.2 FEET NORTH 1 °14' EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER, THENCE SOUTH 88 °56' EAST 115 8 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 88 °56' EAST 95 FEET, THENCE SOUTH 1°04' WEST 160 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, THENCE NORTH 88 °56' WEST ALONG SAID SOUTH LINE 95 FEET, THENCE NORTH 1°04' 160 FEET TO THE POINT OF BEGINNING 1 1 1 1 1 DOC INDEX • 1 1 APPLETREE DEVELOPMENT "CAMEO COURT" 1 PLP#004-10 VAR#002-10 9 SEPA#021-10 9 PD#002-10 1 EXHIBIT LIST 1 CHAPTER G Notices , ' : ii: , -- , -,3 ,,.,' !' - ,'„, 4/ ', f ,-,•*' "'' ,, :::, ''' '-'-', ',, _ ,,,, ''' -- -,,c,k 1 G-1 Determination of Application Completeness 07/19/10 G-2 Notice of Application, Public Hearing, and Environmental 07/23/10 1 Review G-2a Press Release and Distribution E-mail G-2b Legal Notice and Confirmation E-mail I G-2c Parties and Agencies Notified G-2d Affidavit of Mailing G-3 Land Use Action Installation Certificate 07/26/10 I G-4 Notice of Mitigated Determination of Non Significance 08/19/10 G-4a Parties and Agencies Notified 1 G-5 G-4b Affidavit of Mailing Hearing Examiner Agenda 09/09/10 1 G-6 Hearing Examiner Sign-In Sheet 09/09/10 G-7 Notice of Hearing Examiner's Recommendation 09/29/10 I (See DOC INDEX# AA-1 for HE Recommendation) G-7a. Certified Mailing to Applicant/Property Owner G-7b Parties and Agencies Notified I G-8 G-7c. Affidavit of Mailing Agenda Statement — Set Date of City Council Closed Record 10/19/10 Public Hearing I G-9 Letter of Transmittal to City Clerk. City Council Hearing (Mailing Labels, Vicinity Map, Site Plan, Legal Notice E-mail) 10/20/10 G-10 Notice of City Council Closed Record Public Hearing 10/22/10 1 G-11 Agenda Statement — City Council Closed Record Public 11/02/10 Hearing 1 1 1 1 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No For Meeting of November 2, 2010 ITEM TITLE "Closed Record" public hearing to consider the Hearing Examiner's recommendation on the Preliminary Plat and Master Planned Development of Cameo Court at Apple Tree SUBMITTED BY Michael A. Morales, Director of Community & Economic Development CONTACT PERSON/TELEPHONE Joseph Calhoun, Assistant Planner, 509 - 575 -6162 1 SUMMARY EXPLANATION Cameo Court at Apple Tree is a planned development / preliminary long plat that will subdivide approximately 9 4 acres of land into 39 lots The proposal is for a Master Planned Development to allow a portion of the project to be a 1 private /gated subdivision, which requires that the City enter into a Development Agreement with the applicant. An "Open Record" public hearing was held on September 9, 2010, and the Hearing Examiner issued his written recommendation for approval of this application, subject to conditions, on September 27, 2010 1 Resolution Ordinance Contract Other Hearing Examiner's Recommendation, Preliminary Plat Funding Source Approval For Submittal 111 City Manager Staff Recommendation Accept the Hearing Examiner's recommendation and direct the legal department to draft the appropriate legislation ' Board Recommendation Hearing Examiner recommended approval of this Master Planned Development and Preliminary Plat, subject to conditions, on September 27, 2010 Council Action 1 DOCD INDEX 1 CITY OF YAKIMA NOTICE OF PUBLIC HEARING Cameo Court at Apple Tree Preliminary Plat NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a "Closed Record" Public Hearing on Tuesday, November 2, 2010 at 7 00 p m , or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, Washington to consider the Hearing Examiner's recommendation on the application submitted by Apple Tree Development for a 39 -lot subdivision located at 8709 Coolidge Road Closed Record hearing means the public is invited to testify on the existing Hearing Examiner's records, but will not be allowed to introduce any new information. Any citizen wishing to comment on this request is welcome to attend the public hearings or 1 contact the City Council in the following manner 1) Send a letter via regular mail to "Yakima City Council, 129 N 2" Street, Yakima, WA 98901"; or, 2) E -mail your comments to ccouncil @ci yakima wa us Include in the e-mail subject line, "Cameo Court at Apple Tree " Please also include your name and mailing address Dated this 20 day of October, 2010 1 Deborah Kloster, CMC City Clerk , Mailed October 22, 2010 1 1 1, 1 1 1 1 DOC. INDEX 6—/c2 1 1 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to Debbie Kloster, Yakima City Clerk, by hand delivery, the 1 following documents a 1 Mailing labels for APPLETREE DEVELOPMENT "CAMEO COURT" 1 (PLP #004 -10, SEPA #021 -10, VAR #002 -10, PD #002 -10) including all labels for adjoining property owners of subject property, agencies and parties of record. 111 2. One site plan. 1 3 I have also transmitted to Debbie Kloster, Yakima City Clerk, by e- mail, a Legal Notice which was published for the Hearing Examiner Public Hearing This will supply information to be included in the City 1 Clerk's legal notice of the City Council Public Hearing 1 day Signed this 20th da of October, 2010. 10 co» _ 1 R6s linda Ibarra Planning Technician Received By 111 Date `0 / 2vp/b 1 1 DOC. INDEX # 6-Q 1 18133142003 18133142004 1 8 1 3 3 1 42002 APPLE TREE CONSTRU O LLC APPLE TREE CON CTION CO LLC 9td`C APPLE TREE CONSTRUCTION CO LLC 2550 BORTON 2550 BO 2550 BORTON RD YAKI , ashington 98903 Y A, Washington 98903 1 YAKIMA, Washington 98903 18133134495 18133134494 18133134493 1 APPLE TREE CONSTRUCT LLC APPLE TREE CON TION CO LLC AP2550 PLE TREE CONSTR T10N CO LLC 2550 BORTON • 2550 BO YAKIM _ a shington 98903 YAKI as mgton 98903 A, Washington 98903 1 18133134491 18133133442 18133143404 APPLE TREE CONST ION CO LLC APPLE TREE PARTNERSHIP APPLE TREE RESORT DEVELOPMENT CO 2550 8804 OCCIDENTAL AVE 2550 BORTON RD YAKIM ashington 98903 YAKIMA, Washington 989039637 YAKIMA, Washington 98903 18133143403 18133143405 18133134487 APPLE TREE RESORT LOPMENT CO APPLE TREE RESORT DE LOPMENT CO APPLE TREE RESORT DU/ENT CO 2550 BORT 2550 BORTON 2550 BORTON YAKIM ashington 98903 YA , ashington 98903 Y Washington 98903 18133143406 18 133131418 18133131417 1 APPLE TREE RESORT DEVELOPMENT CO LLC COTTONWOOD PARTNERS LLC COTTONWOOD PART RS LLC BOX 83 2550 BORTON RD PO BOX 8353 YAKIMA igton 98903 YAKIMA, Washington 989080353 Y , Washington 989080353 18133131437 18133131422 18133131425 1 COTTONWOOD PE S LLC COTTONWOOD PART COTTONWOOD PARTNERS I�LC PO BOX 8 PO BOX 835 YA Washington 989080353 �,...- �*�°'"•�' "� PO BOX Y A, Washington 989080353 YC ashington 989080353 1 18133131426 18133131427 18133131428 COTTONWOOD PAR LC COTTONWOOD P� LLC COTTONWOOD P ERS LLC PO BOX 83 - PO B 3'83`' PO BOX 8 IMA, Washington 989080353 YA A, Washington 989080353 YAK ;Washington 989080353 18133131430 18133131423 18133131429 ,,.�� COTTONWOOD P ERS LLC JRC INC COTTONWO ARTNERS LLC PO BOX PO BOX 83 PO BOX 8056 YA A, Washington 989080353 YAK ,Washington 989080353 YAKIMA, Washington 989088056 1 18133142005 18133131434 18133131433 SUMMIT CREST CONSTRUCTION LLC WESTSIDE ELECTRIC LLC P3 HOLDINGS WASHINGTON LLC p0 BOX 8310 1014 N 34TH AVE 318 SINCLAIR AVE NACHES. Washington 98937 YAKIMA, Washington 989088310 YAKIMA, Washington 989021082 • 18133131436 18133134467 1 ANN LARIV IERE ANTON R & KARLA J FRENZEL BRIAN W & TAMARA L MEEHAN ANN ARIV P 0 BOX 8300 YAKIMA, Washington 98903 PO BOX 2687 8841 BRAEBURN LOOP II YAKIMA, Washington 98909 YAKIMA, Washington 989072687 p� �n DOC 18133131402 18133134468 BY R O 43410 N G BORTON CHARLES BRYAN & KATHRYN JARVIS INDEX ,DAVID L & P LOREE KEITHLY III it 1906 S 88TH AVE J MMITVIEW # 133 YAKIMA, 88TH AVE YAKIMA, Washington 98908 YAKI1 MA, Washington 98908 YAKIMA, Washington 989039620 III 18133143409 GEORGIA WATT 18133143401 II GEORGI WATT_ ARY A &CHRIS "PINE A REMY 18133143402 8404 COOLIDGE RD 8404 RD 2107 S 88TH AVE YAKIMA, Washington 989039609 4 Washington 989039609 Mt. W. I ,: 1 18133134492 18133143407 18133131003 JOHN A I11 & JAN R REED JOHN M & ELIZABETH R GEHLSEN JOHN T & KAREN L BAKEN ' 8850 COOLIDGE AVE 2103 S 88TH AVE 1910 S 88TH AVE YAKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 989039620 ' ]8133131002 18133131435 18133131421 JOHN T & KAREN N JON R & MELODEE A OLETZKE NORMAN V & BEVERLY J LEAVERTON 1910 S 8 AVE 8901 WHITMAN AVE 5808 A SUMMITVIEW # 89 II Y A, Washington 989039620 YAKIMA, Washington 98903 YAKIMA, Washington 98908 18133131401 18133142001 18133131419 I OLA B & KRISTINE VESTAD RICK D & JACQUELIN VAN VLECK ROBERT M & MARY 9407 AY RD 1914 S 84TH AVE 5902 DO - AS DR YAKIMAIMA, , Washington 98908 YAKIMA, Washington 98903 YA • A, Washington 98908 ( 2// —1/1-1.-- 1 18133131424 18133131431 18133131420 ROD & TAMMY K WINEGAR SANDRA J DAHL THOMAS V & PEGGY A ROY 1 2007 S 89TH AVE 2005 S 91ST AVE 8901 WHATCOM AVE YAKIMA, Washington 98903 YAKIMA, Washington 98903 YAKIMA, Washington 98903 1 18133131432 18133134466 VU NGOC TRAN WILLIAM H & BONNIE J BETTERTON 50 Total Parcel App]etree Development PLP #004 -10, I 414 S 70TH AVE PO BOX 1940 SEPA #021 10 YAKIMA, Washington 98908 YAKIMA, Washington 989071940 1 Cindy Noble Glen Durall 061 Huibregts, Louman Assoc., Inc. NFRD 8550 Oc Mal Ave 801 North 39th Ave. 5609 West Arlington Street 1 Yak' Washington 9890 Yakima, Washington 98902 Yakima, Washington 98908 I Wilma Koski /t`g{4 f� / , 1 21 North 94th Place D �/ �l.C_ (v D2-1-11) - - Yakima, Washington 98908 t- f1 / _/ ' n >V/ 1)6 / -10 5 . P o l/ } t ear, n 0(d e : / - - 6 S Paula Youngstrom Leslie Hopper Victor Ratia 8818 Braeburn Loop 9101 Honeycrisp Court 2205 South 96 Avenue Yakima, WA 98903 Yakima, WA 98903 Yakima, WA 98903 1 Russ Melcher Glen Durall Velikanje Halverson P.C. I 8838 Braeburn Loop Apple Tree Development c/o James Carmody Yakima, WA 98903 8805 Occidental Avenue P 0 Box 22550 Yakima, WA 98908 Yakima, WA 98907 • 1 D OC. INDEX LIST OF SEPA REVIEWING AGENCIES Page 1 of 2 I U S Army Corps of Engineers Department of Natural Resources WA Dept of Arch & Historic Preservation Urehus, Project Manager Linda Hazlett, Assistant Land Manager Gretchen Kaehler, Local Government Karen.M Urehus @usace.army.mil Linda.hazlett@dnr wa.gov Archaeologist Gretchen.Kaehler @dahp wa.gov 1 WA State Dept of Archaeology & Historic Cascade Natural Gas Dept of Social & Health Services Preservation Arnie Garza, Field Facilitator Elizabeth McNagny, Land Use 1 Greg Griffith, Deputy State Historic Arrne.garza@cngc.com Administrator Preservation Officer Elizabeth.mcnagny @dshs.wa.gov Greg.griffith @dahp wa.gov WSDOT WSDOT Yakama Regional Clean Air Agency 1 Bill Preston, Planning Engineer Rick Holmstrom, Development Services Hasan Tahat, Engineering & Planning prestob @wsdot.wa.gov holmstr @wsdot.wa.gov Supervisor 1 hasan@yrcaa.org West Valley School District Yakima Health District Yakima Greenway Foundation Angela Watts, Asst. Supt. Of Business & Gordon Kelly, Director of Environmental Al Brown, Executive Director Operations Health wattsa @wvsd208 org gordon.kelly @co.yaluma.wa.us al @yalamagreenway org 1 Nob Hill Water Assn Yakima Air Terminal Ahtanum Irrigation District 1 Jenna Leaverton, Engineenng Technician Carl Remmel, Airport Asst Manager Beth Ann Brulotte, Executive Assistant jenna @nobhillwater org Carl.remmel@yakimaairterminal.com Baby216 @charter.net 1 Yakima Valley Conference of Governments City of Yakima Wastewater Division Bureau of Indian Affairs — Yakama Agenc Shawn Conrad, Planner Scott Schafer, Wastewater Manager Bud Robbins, Superintendent conrads @yvcog.org sschafer @ci.yakima.wa.us Bud.robbins@bia.gov Bureau of Indian Affairs — Yakama Agency g y Bureau of Indian Affairs — Yakama Agency Yakima Valley Museum Steve Wangemann, Deputy Superintendent Rocco Clark, Environmental Coordinator John A. Baule, Director for Trust Services Steve.wangemann @bia.gov Rocco clark @bia.gov john @yakimavalleymuseum.org 1 Yakima County Public Services Yakima County Public Services 1 Steven Erickson, Planning Director Vern Redder, Public Services Director Yakima County Commissioners Steven.Erickson @co yakima.wa.us Vern.redifer @co yakima.wa.us Commissioners.web @co yalama.wa.us WA State Dept of Health, Office of WA State Attorney General s Office Chamber of Commerce Drinking Water 11 1433 Lakeside Ste# 102 10 North 9th Street Christine Collins, Yakima, WA 98902 Yakima, WA 98901 16201 E Indiana Ave, Ste# 1500 Spokane Valley, WA 99216 Il City Gap of Union Ga Q-West Environmental Protection Agency 0 Box 3008 Tom McAvoy, ®�° 1200 6th Ave. MS 623 g enc y Union Gap, 98903 8 South 2nd Ave, Rm #304 INDEX Seattle, WA 98101 p' Yakima, WA 98902 i 1 LIST OF SEPA REVIEWING AGENCIES Page 2 of 2 Department of Agriculture Department of Ecology Federal Aviation Administration Lee Faulconer, 2200 W Washington Ave Gwen Clear, P 0 Box 42560 Yakima, WA 98903 15 West Yakima Ave, Ste# 200 Olympia, WA 98504 Yakima, WA 98902 1 I Department of Ecology Yakima School District WA State Emergency Mgmt Division Environmental Review Section, Elaine Beraza, Superintendent Chuck Hagerhjelm, Planning Manager P 0 Box 47703 104 North 4th Ave Building 20 Olympia, WA 98504 -7703 Yakima, WA 98902 Camp Murray, WA 98430 -5122 1 Pacific Power Yakima Indian Nation Yakima Indian Nation Mike Paulson Johnson Meninick, Cultural Resources Moses Segouches, Environmental I 500 North Keys Rd Program Protection Program Yakima, WA 98901 P O Box 151 P O Box 151 Toppenish, WA 98948 Toppenish, WA 98948 Yakima Indian Nation Yakima Indian Nation Thalia Sachtleben, Environmental Review Yakima- Klickitat Fisheries Project Ruth Jim, Yakima Tribal Council Coordinator John Marvin, P O Box 151 771 Pence Road 1 Toppenish, WA 98948 P O Box 151 Yakima, WA 98909 Toppenish, WA 98948 I Federal Aviation Administration, Seattle Office of Farm Worker Housing Department of Fisheries Airports District Office Marty Miller, Eric Bartrand, Cayla Morgan, Airport Planner 1400 Swnmitview Ave, Ste# 203 1701 South 24th Ave 1601 Lind Ave SW Yakima, WA 98902 Yakima, WA 98902 I Renton, WA 98055 -4056 WSDOT, Aviation Division Department of CTED Soil Conservation District I John Shambaugh, Growth Management Serviced, Ray Wondercheck, 18204 59th Drive NE, Ste. B P O Box 42525 1606 Perry Street, Ste. F Arlington, WA 98223 Olympia, WA 98504 -2525 Yakima, WA 98902 1 Department of Fish & Wildlife Mark Teske, 1 201 North Pearl Ellensburg, WA 98926 1 Type of Notice: e, t (k)l.�, „_,,1 Elea a �`, 1 � File Number. P LY - (oty - /0 1 fie.av Date ofAlitihiftg: / f - - -/ D 1 1 DOC. INDEX #_,_,6 - 1 II In -House Distribution E -mail List III Name Division E -mail Address Mike Antijunti Engineenng mantijun @ci.yakima.wa.us Carolyn Belles Code Administration cbelles @ci.yakima.wa.us Sandy Cox Code Administration scox @ci.yakima.wa.us Jeff Cutter Legal Dept icutter @ci.yakima.wa.us III Debbie Kloster City Clerks dkloster @ci.yakima.wa.us Archie Matthews ONDS amatthew @ci.yakima.wa.us Ron Melcher Fire Dept rmelcher @ci.yakima.wa.us Michael Morales CED Dept mmorales@ci.yaknna.wa.us 1 Jerry Robertson Code Administration iroberts @ci.yakima.wa.us Royale Schneider Code Administration rschneid @ci.yakima.wa.us 11 Mike Shane Water /Imgation mshane @ci.yakima.wa.us Nathan Thompson Code Administration nthompso @ci.yakima.wa.us Kevin Futrell Transit Division kfutrell @ci.yakima.wa.us Dave Brown Water Division dbrown @ci.yakima.wa.us For the Record /File 1, Binder Copy 1 11 Type of Notice e.,A 6,,,,, ,, J I 0- rn p_ OC Y1 Lam, il File Number(s) PLP#cz q _ /0 1 Date o i 1_ a ^ / D 1 1 DOC. 1 INDEX #.,....6.„,;. 1 • = NM MI = MI • NM = • UM NM MI 1111111 I 11.11 1.1 M. 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I -- TYPICAL ROADWAY SECTION .E.• S1 .. rF NEW WATER LINE - v oaR 4- - PRIVATE INTERIOR PLAT ROAD I L ' - 'E _ '7 _1 L i s�r_ J I '° J I v i .) W L - -. ,I� .. , • NEW 6TMY DRAM LINE Ho ,T osco/ 1 I Po _ 1 -_ Y� - - .r awn NEON MANHOLE • I ( - ! r T - _ - - - Lou4 1 � I 11'---- .w, , Ot t I g NDTFS: 1 - I iota , ; - tl 1 II ill `D<.aa • 8 I .,a,,. I I I I �., a I 018 OF YAKIMA SANITARY "` ° w i° 444 a•.. ! i ) to I_ , -. , ,g Lott , 1 'Il 11 1 Lot 1 ° ,sM.N.ro 1 I 1 � I SEW... AND NOB HILL w•LEPMAIN n� TILL. a " e.80008 OU I � 2 w Z ' 26 ,w , ,2T],W „ Sj ..J] FIRE HYDRANTS TO BE LOCATED RI ILL. .L‘ , • _ • I ! , I AND I I _ L I• J N MENTS- USENENTS � 1 s k - . 6r rA. / J _ � . / / %I / .� ow NOT S � - IN UTILITY EAS OwH HEREON FOR CLARITY, A • b . i ,� 9 s(?... _ o ' I I - _ 1 v /�� % •� %J >• - - _ j , � / "i r, oY 2 ALL ON -4TE DRAINAGE T° BE ./! _ e rr7i / /// //. i /, .. / , A' s RETAINED AND DISPOSED OF ON SITE mrs HO11 OP Or N.A. 4460.4 ) 244140434 NA O CM m• ,Y. iii F . V� M• ion van Cs) n • x ACCORDANCE WITH CITY or T P)A0i°' $1p .„ `•IN•�•�'•� - - "•� - __Y ��.. 'f _ _ _ • Bs 43 A CxGINEEFING DIw4d2 , ,.-. �. Du co L .O_m.v� _ IL 43.00 _ C _�lid�ga ROad _ Y . acou lREU[NTS 1 .0 s 1 ' " ` r \\ !,_.,� , L - __ 'L - _ _ _.c._ ... -- -- -- - - - - --' -- -- - __ --- _ =Jai 1. ATER SYSTEM vALVES. ��// ^ � � i / / / FITTINGS. AND RE H I 's EI 1 / E{.4 11 nLL� - - .' /� // LOCATIONS. i0 BE OCSICN AND /". �E „ . . J °"'; ;fi 7 - \\ j/% a....1 ... 4. CONSTRUCTED BY Noe HILL WATER , RE 111 Ks 4075 I PION L!(�Om 4r eat] ��� m ro a• CO. ORE HYDRANT L°CA NOT ` DwfT4uLTKn I YE OCTEPNINEO AND NOT sxowN oN - - --- _ / / „ � �" a cv. 9O -;-,.= a ■ THIS TELEPHONE. NATURAL GAS. - - -_- - -_ -_ J UN 2 3 2010 & _ ; � : / / >=E,w ., LL,,.. e �0 I ; NOT SHORN ON 1 4 13. a,13aa Forma 1 1 CARLE Tv WILILY ESE DRA LOCATIONS ARE � DEmEOPER TO CONTACT SER � N,xGS ' ' COOLIDGE ROAD (PUBLIC) LOOKING EAST CITY OF YAKIMr. ` f01P" /' c" -1' nNNG _ DE 06 - 07 - 10 REVISED DIMENSIONS ON NO. LINE Or PHASE 3 RI Es FOR DESI AND 010.0 .R, To 442 PLANNIN IIt� - i=° a Fro • 06 -07 -10 ADDED 5 R/w DEDICATION ON E. 5100 OF 808, NSTALL•710N a THEIR a E w s „Oa DEVELOPER E GIN ER /SURVEYOR S ITF INFORMATION JOB NUMBER DATE ,MEET N DBDBS 5_02_00 Apple Tree Partnership ... Halbregtse, Lohman Associates, Inc. C 4.�4.,,M '•,,q �� - ` - . XC,, 2550 ROAD PM1 T B NEG }96 AVENUE ASSOC. INC. YAKIMA. WASHINGTON 98908 YILE NAMES. DRAWING. NAMES. DWG ' Ca meo Court at Apple Tree • LML ENGINEERING LAND SURVEYING PUNNING a f r 1.,.,,,.....i,:::„.., . . ; YAKIMA, WASHINGTON 98908 YAKIMA wASHINGTON 98902 .PARCEL NUMBER: YAKIMA COUNTY, WASHINGTON 801 *Oh 3916'Nesse •YONno. WA 98902 `.. >, 7 GLEN DURALL DENNIS wHITCHER. PE 181331-42003 _ - X55 L O ^ � L L 613 � ( 509 ) 945 -51 ERIC T. 6- 706. PLS (509) 966 -7000 81 331 -42004 ® (SU9) 966 7000•IAY ( RA 509) 965 - 3800 % Po DESIGNED BON ENTERED BY DJW KDY PRELIMINARY PLAT 1n� I:k ( ZONE. R -1 Ibarra, Rosalinda 1 From Ibarra, Rosalinda Sent: Wednesday, October 20, 2010 1 54 PM 11 To .Kloster, Debbie Subject: Example Notice - Appletree Development "Cameo Court" - PLP #002 -10 VAR #002 -10 SEPA #021 -10 Attachments. Ntc of App, Public Hearing, SEPA Review - Cameo Court - Legal Notice doc Debbie, Attached is the legal notice which was published for the Hearing Examiner Public Hearing on Apple Tree Development "Cameo Court" (PLP #002 -10, VAR #002 -10, SEPA #021 -10) This is an example for you to use for publishing the City Council hearing which was set on October 19, 2010 for a closed record public hearing on November 2, 2010 The mailing labels will be delivered to you shortly Thanks! psaCnda Marra 1 Planuung Technician ribarra@ci.yaluma.wa.us City of Yakuna 129 North 2nd Street Yakuna, WA 98901 p: (509) 575 -6183 f. (509) 575 -6105 1 1 1 1 11 1 1 1 1 DOC INDEX 10/20/2010 • 1 BUSINESS :OF THE :CITY .COUNCIL I ) YAKIMA, WASHINGTON_ AGENDA STATEMENT 1 . Item . il-;, :13 .... _ For Meeting oof October 2010 , ) I .., ITEM TITLE: Set November 2 as..ihe date for .6 "CloSed"Record ptibliC.:hearing 'to' - ,- - - t conSider the -Preliminary Plat of Cameo. Court at Apple Tree and an Open- Record" public hearing on a: proposed Development.Agreement,for: a :Master Planned .-Development ., . ... .. ... 1 '3! SUBMITTED BY ' Micha A Morales, Of' Economic ,,.,:„. , ,i,..4 ,-3'",a13.,!.! !:![.. ,, --• " q.. ,r ... I CONTACT4.PERSON/TELEPHONE'=.'dose 171:'Calhoun'-, AssistantPlannery (575.61,62)ge ' ::::t- •! -, -?$,I - „ s. - -,-....:, , ' ,',' ' , " •14 • s' ' 2 S UMMARY i‘:EXPLANATION":" Set ,ADate. of Closed , 'Record"P public hearing for Council .:, ,,--, - . ..-'''';' .!!! .,',',',,! !!!'w,"!!!,!!, I consideration lhe Preliminary at of Cameo Court :yp, - at Ap Tree, T a 39 -lot subdivision, an for • '''kV' ..i'i+ , ,c' .., '-', Wt."^ng■...,' ,,''''''',"- :r. . , ,..,;; - 4.r. , ,,..,...,.....,.:::!„ .,03.—.:7•.,,L r,?!!!'!.:". .an, :public hearing oft.a;proposed:Development,Agreement.';:.Theloroposal is.,for a .-..„,, ,1.•:14, ,9:4•16., ' ,:„: "-!: ,,.3 `...!*"'....!;!!: .- subdivision Master;Planned „ , - :":• - r:47 . rzczkV ." 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' ‘;.....1/2r W.: ,i „::,:, ....J. , 2;74), . i ,. 4',f " '-' .n . ',..17c■j.P , ' ' 4' ' ' , ,, , ;:714,' . i'c'' . 1 , , , e , '-' 4 1,40.tr ''',''.,::: ‘ii;'* - ` . ' , .., ?.. . .,:',.q.'%■ ''.' ,;:::,;.;, '4';' ' :-., 'r.,, , c Y. • '1. i . t , . ,.1 - 4 , r ' ..r; ? "g; 4,..' •, :,, - '4,' 1. ''', !. • ' .' - ' ,, :-.'''',.:,., 4 ,;.:-,,-1 :,,,„., ',::".,, „ ,. , I , 1,-., , ,„ ,, , , ,,,,,,,,:o. , ,, , „ .., ‘, „,,..,, ,,„,_ ..,,, ,,..,„,., . ., r.„, , „,, O pen per j, ., ■,.6, Recor ' STAFF- RECOMMENDATION:: Set 'Date . H earing&-; l or Novem 15 - "-• - -,”: e .: :is.. :4 l'i:'?,;, :-.,:if', - '.;:4 ' ' . 4 •'- , " , " - '' -?•,- r'-if.'' 4Q-0 -•-"41•.' 4',k 4 , - . !: • - Z t ,- •.' er - 201 , ... .. 1 ,f4c if '' .. r., ,,, ,, ,, , .' : 1, ,, !„ ,; ,,.. , ,,, , ,:, g. ,.. ;„,, ,,,j,,,,A •,?,..,..• ,, approval ,-.4., v,,, -P,:, , -,.A 41''' , -,•", . : -)t ;-:". . . , -, .., BOARD RECOMMENDATION Hearing Examiner recommende Planned Development .: Hearing Examiner lhii3.1Vaster-i' '— .4.,.,:-.,,,..,„,-1-wl..,; con Septem on ,. .4.„;,; : ...g>, - .,, .:.•■■,,, , ..,• 2 , ,,, ,,, ..":, , fOrc.'7 ,,, . , ,,i , "' .- : :,i . Planxieloprilent and Plat sUbject1O , ;: - d-,,b7 , .: 2010.- ,..: .,..,-,-:,-,, ,, -,, ,.•.' , --,- A ' ' ' .P, ,,;,' r....: ".!'!,' f Prelimina , Y, ' ,1•1' , Y , ,r , . •sv:,•.. -;,.,;,. , .. 4. ..,, si: , , , s-r.s.=,.... : -I :,,-, . - ,f re kE,-. ',4.g.,... , ...,?-' lil's?. ' ' c :-,,,-..:-:-,,. .i, 9°....,"'''5:, '•.', - .,.., ., • i", ' . ' 1 COUNCILACTION' ''. 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PLP #004 -10, PD #002 -10, VAR #002 -10, SEPA #021 -10 Appletree Development "Cameo Court" 11 8709 Coolidge Road I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendation. A true and correct copy of which is enclosed herewith, that said notice was addressed to the applicant by certified mail, and 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 29th day of September, 2010 11 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true 11 osalinda Ibarra 1 Planning Technician 1 1 1 1 DOC. INDEX # 6 -lc 1 1 1 Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION dated September 29, 2010 1 Applicant: Appletree Development "Cameo Court" File PLP #004 -10, PD #002 -10, VAR #002 -10, SEPA #021 -10 1 Address 8709 Coolidge Road CERTIFIED MAIL I 7008 0500 0002 0110 5005 Appletree Development Huibregtse, Louman Associates, Inc Huibregtse, Louman Associates, Inc c/o Dennis Whitcher c/o Eric Herzog c/o Glenn Durall 801 North 39 Avenue 801 North 39 Avenue 2550 Borton Road Yakima, WA 98902 Yakima, WA 98902 I Yakima, WA 98908 Velikanje Halverson P C I c/o James Carmody P 0 Box 22550 Yakima, WA 98907 1 1 In -House Distribution E -mail List 1 Name Division E -mail Address Mike Antijunti Engineering mantijun @ci.yakima.wa.us I Carolyn Belles Code Admmstration cbelles@ci.yakima.wa.us Sandy Cox Code Administration scox@ci.yakima.wa.us I Jeff Cutter Legal Dept icutter@ci.yakima.wa.us Debbie Kloster City Clerks dkloster@ci.yaktma.wa.us Archie Matthews ONDS amatthew(a ci.yakima.wa.us I Ron Melcher Fire Dept rmelcher a,ci.yakima.wa.us Michael Morales CED Dept mmorales @ci.yakima.wa.us 1 Jerry Robertson Code Administration iroberts(c�r�ci.yakima.wa.us Royale Schneider Code Administration rschneid @ci.yakima.wa.us 1 Mike Shane Water /Irrigation mshane @ci.yaktma.wa.us Nathan Thompson Code Administration nthompso @,ci.yakima.wa.us 1 For the Record /File Binder Copy 1 1 DOC. INDEX 6 -7b 1 Ibarra, Rosalinda From Ibarra Rosalinda W ednesday, September 29, 2010 8 58 AM Kloster, Debbie, Matthews, T ent. Sandy; Cutter, Jeff; Ibarra, Rosalinda, K , Shane, Mike, Matthews, To A rch i e, ,Mike, Belles, Carolyn, Cox, Sand ' Schneider, Roy Archie, Melcher, Ron, Morales, Michael, Robertson, Jerry; PLP Nathan Appletree "Cameo Court PL PD SEPA VAR Subject: HEARING EXAMINER'S RECOMMENDATIO - Ap etree - PLP PD SEPA VAR.Pdf Attachments HEARING EXAMINER RECOMMENDATION - App R psa(inda Ibarra Plannu g Tecluucian r ibaira @ci.yakuna. City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f. (509) 575 -6105 1 0 11 1 1 1 1 1 1 DOC. 1 INDEX 9/29/2010 1 CERTI'FIED� vr1 -, , RECEI ' P,T "+ ? -1 � ` k t.r1 y (Domest►c Ma►I Only, NO Insurance Coverage Prov►ded) r 4 a D rl'dehve y,nformatton website at,www uses com®l v na a `- Postage $ O Certified Fee Postmark O Return Receipt Fee Here 0 (Endorsement Required) 0 Restricted Delivery Fee 2 (Endorsement Required) q dP1 bp 1 m im T Ln O Se Appletree Development I o SI, c/o Glenn Durall - ° or 2550 Borton Road - Ci Yakima, WA 98908 Al ctions�� 1 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON D EL I VERY • Complete items 1, 2, and 3. Also complete A. ignature item 4 if Restricted Delivery is desired. ` I ❑ Agent • Print your name and address on the reverse t ' , I ., , a , I �� ∎ ■ Addre so that we can return the card to you. �:ceived • me) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 1 D. Is delivREdtdrtO item 1? ❑ Yes 1 Article Addressed to: If YES, enter delivery address below: ❑ No OCT 0 1 2010 1 Appletree Development CITY OF YAKIMA c/o Glenn Durall INNING DIV. 2550 Borton Road I. Servic Yakima, WA 98908 `Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandlse ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 1 2. Article Number ( 7008 0500 0002 0110 5005 Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 1 1 1 DOC INDEX i 1 1 1 1 NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL September 29, 2010 1 On September 27, 2010 the City of Yakima Hearing Examiner rendered his 1 recommendation on the Preliminary Long Plat, Planned Development, and Vanance applications submitted by Apple Tree (PLP #004 -10, PD #002 -10, VAR #002 -10) The proposal is a 39 lot Preliminary Plat and Planned Development. 1 A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council m a public heanng to be scheduled. The City Clerk will notify you of the date, time and place of the public heanng. 1 For further information or assistance you may contact Joseph Calhoun, Assistant Planner at (509) 575 -6162 at the City Planning Division. Joseph Calhoun 1 Assistant Planner Date of Mailing: September 29, 2010 1 Enclosures Hearing Examiners Recommendation 1 1 1 DOC. INDEX 1 RECEIVED SEP 2 7 2010 1 Gary M. Cuillier CITY OF YAKIMA ATTORNEY AT LAW PLANNING DIV. 314 N. SECOND STREET YAKIMA, WASHINGTON 98901 (509) 575 -1800 FAX. (509) 452-4601 September 27, 2010 HAND DELIVERED Yakima City Planning Division Attn. Rosalmda ' 129 North Second Street Yakima, WA 98901 1 Re Hearing Examiner's Recommendation Apple Tree Development, LLC, PLP #004 -10, PD #002 -10, VAR #002 -10 1 Dear Rosalinda. Enclosed is the Hearing Examiner's Recommendation regarding the above - entitled ' matter The hearing was held on September 9, 2010, and the recommendation has been issued within ten business days of receipt of information submitted on September 13, 2010 If you have any questions, please give me a call ' Yours very truly, GARY M. CUILLIER GMC ai s ' Enclosure cc Vicki Adams, Yakima County Planning Department, w /Enclosure Pat Spurgin, City of Yakima Pro Tem Hearing Exammer, w/Enclosure DOC. INDEX raeevrt+• 1 HEARING SIGN -IN SHEE1 1 CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE Thursday September 9, 2010 CASE EILE;# APPLICANT` „ SITE ADDRESS A. CL3 #009 -10 Doug & Nichole Snipes 1015 Summitview Avenue 1 B. PD #002 -10 Cameo Court at Apple Tree 8709 Coolidge Road PLP #004 -10 SEPA #021 -10 VAR #002 -10 PLEASE WRITE LEGIBLY! Please indicate which proposal you nre interested in. A or g, DRES S _ . ZIP CODE 1 CASE : NAM :... . .. AD P )032=1. , n Ls tvtiA ( 3&teL, • gicf t o _Z a r t &- z 6.. I 3" 669 -'' /1%.,/ /- i e is 6ref e a-ue_ I 6) Z 61- 3 065_ Ten,- 6 P cC pc an( 7, �o 1 1 1 1 1 1 1 DOC. INDEX Pale 1 yr uvrvirvtvjvtir /VL CCV1VUMjC ULVLLOPMENT 1 ' � • 7 ' � ✓ -:a Planning Division k � i3� 7s�'s, 129 North Second Street, 2nd Floor Yakima Washington 98901 1 '� V �" (509 575 -6183 Fax 509) 575 -6105 - '�,!' ''�,��` ;��_ �� "� www.buildingyakima.com • www.ci.yakima.wa.uslservices /Manning! i Rnua:crF:n�' ' CITY OF YAKIMA HEARING EXAMINER 1 AGENDA Thursday September 9, 2010 1 Yakima City Hall Council Chambers Beginning at 900 a.m. 1 I CALL TO ORDER 1 II. INTRODUCTION 1 11I. PUBLIC HEARING I A. DOUG & NICHOLE SNIPES(07 /27/10) CL3 #009 -10 Planner Joseph Calhoun Address 1015 Summitview Avenue 1 Request Convert a single family dwelling into a.duplex B CAMEO COURT AT APPLE TREE 06 23 10 PD# ( / / ) 00210 PLP #004 -10 Planner Joseph Calhoun VAR #002 -10 Address 8709 Coolidge Road SEPA #021 -10 Request Development of 39 single- family lots in three phases a IV ADJOURNMENT a 11 If you are unable to attend the hearmg, you may subrnit your comments in writing prior to the heanng You may also submit written testimony at the hearing 11 II Yakima �w ?rt'irtL ±;tj ® ®Ce I oNDEX� 14 1 11 . 1994 1 1 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA 1 RE SEPA #021 -10 A. *le Tree Develo . ment 8709 Coolidge Road I, Connie Dulaney, as an employee of the Yakima City Planning Division, have 1 dispatched through the United States Mails, a Notice of MDNS A true and correct copy of which is enclosed herewith, that said notice was addressed to the applicant, fisted 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 19th day of August, 2010 1 That I mailed said notices in the manner herein set forth and that all of the statements made herein are Just and true 1 Connie Dulaney Department Assistant III 1 1 1 DOC. 1 INDEX 1 ... SEPA REVIEWING AGENCILI.S -4- c11.44.6-t_SL Page 1 of 1 Federal Aviation Administration Cayla Morgan, Airport Planner Dept. of CTED Soil Conservation Dist Seattle Airports District Office Growth Management Services Attn. Ray Wondercheck 1601 Lind Ave S W PO Box 42525 1606 Perry St Suite F Renton, WA 98055 -4056 Olympia, WA 98504 -2525 Yakima, WA 98902 Department of Fish & Wildlife p if WSDOT Aviation Division WA State Attorney Gen. Office c/o Mark Teske John Shambaugh I 59th 1433 Lakeside Ct. Ste102 201 North Pearl 18204 59 Drive NE, Ste. B Yakima, WA 98902 Ellensburg, WA 98926 Arlington, WA 98223 1 Washington State Dept of Health Chamber of Commerce Office of Drinking Water City of Union Gap 10 N 9 St. Attn. Chnstme Collins PO Box 3008 Yakima, WA 98901 16201 E Indiana Ave, Ste# 1500 Union Gap, WA 98903 Spokane Valley, WA 99216 Mr Marty Miller • II Eric Bartrand Tom McAvoy Office of Farm Worker Housing Dept. of Fisheries Q -West 1400 Summitview #203 1701 S 24` Ave 8 S 2n Ave Room 304 Yakima, WA 98902 1 Yakima, WA 98902 Yakima, WA 98902 Environmental Protection Agency Depai tiuent of Ecology Mr Lee Faulconer Environmental Review Section Dept. of Agriculture I 1200 6 Ave MS 623 ' Seattle, WA 98101 PO Box 47703 PO Box 42560 Olympia, WA 98504 -7703 Olympia, WA 98504 I Chuck Hagerhjelm FAA WA State Emergency Mgmt. Div Gwen Clear Dept of Ecology 1 2200 W Washington Mitigation, Analysis & Planning Mgr 15 W Yakima Ave St. 200 Yakima, WA 98903 Building 20 Yakima, WA 98902 Camp Murray, WA 98430 -5122 Pacific Power Yakama Indian Nation Yakima - Klickitat Fisheries Project Iili Mike Paulson Cultural Resources Program John Marvin 500 N Keys Rd Johnson Meninick, Mgr 771 Pence Road PO Box 151 D Yakima, WA 98901 Toppemsh, WA 98948 Yakima, WA 98909 Yakima School District Mr Steven Erickson Mr Vern Redder II Superintendent Yakima County Planning Yakima County Public Services 104 N 4 Ave Yakima, WA 98902 III Yakima County Commissioners 1 111 Type of Notice yv 6 /u s Date Mailed 2 --t c. 1 6 111 File Number(s) SOW U (^ D ® ®C. INDEX 1 # "`dc'` 1 IN- IIOUSE DISTRIBUTION LIST 1 2 L it � aQi Royale Schneider Ron Melcher Mike Antijunti Mike Shane 1 Code Administration Fire Dept. Engineering Division Water /Irrigation 1 Carolyn Belles City Legal Dept. Jerry Robertson Office of Code Administration Code Administration Neighborhood and Development Services 1 Sandy Cox City Clerk Michael Morales, Nathan Thompson Code Administration DECISIONS ONLY CED Director Code Administration DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record /File Binder Copy DECISIONS ONLY 1 1 Type of Notice. (NI c5'6 /t N 5 1 File Number(s) 5 al P. Date of Mailing 111 1 1 1 1 DOC. 1 INDEX # Page 1 01 1 'I Dulaney, Connie 1 1 From Dulaney, Connie Sent Thursday August 19, 2010 8 42 AM ' { To Aiport Manager; Al Brown, Angela Watts, Arnie Garza, Beth Ann Brulotte, Bill Preston, Bud l Robbins, Dulaney, Connie, Elizabeth McNagny; Gordon Kelly; Greg Griffith, Hasan Tahat, Jenna Leaverton, John A. Baule, Karen M Urelius, Linda Hazlett; Rick Holmstrom, Rocco Clark, Schafer, Scott; Shawn Conrad, Steve Wangemann Cc Antijunti, Mike, Belles, Carolyn, Cox, Sandy; Cutter, Jeff; Kloster, Debbie, Matthews, Archie, Melcher, Ron, Morales, Michael, Robertson, Jerry; Schneider, Royale, Shane, Mike, Thompson, Nathan '; Subject Notice of MDNS Decision - Appletree Development - SEPA #021 -10 Attachments Ntc of MDNS Decision - SEPA 021 -10 pdf Connie Dulaney Department Assistant III City of Yakima Planning 129 N 2nd Street Yakima, WA 98901 509 - 575 -6183 1 1 1 1 11 n 11 11 0 DOC. NDEX 8/19/2010 ' 6 J qct 1 i NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) August 19, 2010 1 On July 23, 2010 the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding a SEPA review application submitted by Apple Tree Development. This review concerns the environmental analysis for Phase 1 -3 of the proposed 1 Cameo Court at Apple Tree subdivision. The subject property is located at 8709 Coolidge Road Parcel numbers 181331-42003, 42004 City File Number SEPA #021 -10 1 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 days from the date of mailing. Appeals must be in wntmg and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. A fee of $505 00 must accompany the Appeal Application For further information or assistance, you may wish to contact Joseph Calhoun, Assistant Planner at (509)575 - 6162, or email jcalhoun @ci yakima.wa.us. 'a iAg4iLv.40 ,7 Joan Davenport Planning Manager Notice of Decision Mailing Date August 19, 2010 Enclosures SEPA Mitigated Determination of Nonsigmficance; Site Plan, and Mailing Map r DOG. i INDEX 1 ' WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON August 19, 2010 PROJECT DESCRIPTION Environmental Review for the Preliminary Long Plat subdivision to be known as Cameo Court at Apple Tree. The applicant proposes to subdivide approximately 9 44 acres of property into 39 lots. The development will be completed in three phases, with phases 1 and 2 being gated and containing private streets. The lots range in size from 7,200 to 9,500 square feet square feet. The proposal requires Preliminary Long Plat, Planned Development and Vanance reviews. The subject property is located in the vicinity of South 88 Avenue and Coolidge Road. PROPONENT Apple Tree Development LOCATION 8709 Coolidge Road PARCEL NUMBER. 181331- 42003, and 42004 LEAD AGENCY City of Yakima, Washington FILE NUMBER. SEPA #021 -10 DETERMINATION The City of Yakima, as lead agency for this proposal, after reviewing a completed environmental checklist and other information on file, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW § 43.21C 030(2)(c), provided the measures listed below are used to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES This Mitigated Determination of Nonsignificance (MDNS) is hereby conditioned upon the following mitigating measures, as authorized under WAC 197 -11 -660 and YMC § 6 88 160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations which provide substantive authority to require mitigation under the State Environment Policy Act. FINDINGS. A. Water Quality: An NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that a Stormwater Pollution Prevention Plan (Erosion 1 Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. B. Toxics. Based upon the historical agncultural use of this land, there is a possibility that soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If these contaminants are found at concentrations above the MTCA clean -up levels Ecology recommends that potential buyers be notified of their a occurrence C. Stormwater: The applicant states that stormwater will be contained and disposed of using swales or subsurface infiltration. If subsurface infiltration is used, the applicant must be aware that pretreatment of solids is required. This can be accomplished by having the solids settle out in a swale or through the use of hydrodynamic separation. These are acceptable methods of handling the runoff is designed correctly D. Air Quality / Dust Control. Contractors doing demolition, excavation, cleanng, construction, or landscaping work must file a dust control plan with the Yakima Regional Clean Air Agency (YRCAA) Apple Tree Development DOC. Vicinity of Coolidge and 88th INDEX SEPA #021 -10 INDEX 1 This project is located within Yakima's Urban Growth Area, therefore, outdoor burning is prohibited at all times. E. Traffic: This project was reviewed and approved for consistency with YMC 12 08 Transportation 1 Capacity Management Ordinance on August 6, 2010 This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets The number of driveways onto 86 should be limited to the fullest possible extent. If driveways cannot be shared between parcels then they should be paired to maximize spacing between driveways. No direct access to Coolidge should be allowed. 1 Streetlights must be installed at the intersections of 86 Avenue and Coolidge Road, Cameo Court and Coolidge Road, and at 88 Avenue and Coolidge Road. Streetlights area required at the north of 86 Avenue and at a mid -block location. F Public Water: Nob Hill Water (NHW) will require an 8 -inch main line to be extended from the intersection of South 88 Avenue and Coolidge Road. Once this is completed, NHW will have 1000 gpm at 20 psi residual pressure. NHW will work with the developer and City of Yakima codes to determine fire hydrant placement and spacing requirements. If a development has imgation shares available to the property, NHW is working with the developers to ensure that the imgation shares are utilized by installing and maintaining an irrigation system within the development, paid for by the developer NHW will then operate and maintain the system and bill the customers according to the square footage of their lot. G Wastewater: Sewer is provided by the City of Yakima and is required to serve each newly established lot with public sewer Sewer is required to be extended to and through the development on 86 Avenue to the north and on Coolidge Road to the east. The wastewater connection charges for phase 3 is pending and will be determined based on how Apple Tree plans to serve this phase of the project. The wastewater connection charges for both phase 1 and 2 of the project to be waived in accordance with the Apple Tree Agreement with the City H. Noise: Dunng project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6 00 am to 1000 pm Monday thru Fnday, and 8 am to 10 pm weekends and holidays. 1 YAKIMA URBAN AREA COMPREHENSIVE PLAN The 2006 Yakima Urban Area Comprehensive Plan designates the future land use for this area as Low Density Residential, which is characterized by a mixture of single family detached residences and duplexes, with a vanety of other housing types at a residential density ranging between 7 0 and 11 dwelling units per acre. MITIGATION MEASURES 1 A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place pnor to any cleanng, grading or construction. 2. The soils shall be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If 111 contaminants are found at concentrations above the MTCA clean -up levels Ecology recommends that potential buyers are notified of their occurrence. Apple Tree Development DOC. 2 Vicinity of Coolidge and 88th INDEX SEPA #021 10 INDEX ' 1 1 3. Complete stormwater design plans, specifications and runoff /storage calculations supporting the stormwater design are required to be submitted to the Surface Water Engineer pursuant to the Eastern 1 Washington Stormwater Manual and City of Yakima standards. UIC wells, if used, shall be registered with DOE. 1 4 A dust control plan is required to be submitted to, and approved by, the Yakima Regional Clean Air Authonty pnor to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima Code Administration prior to the commencement of site preparation. 1 5. An 8 -inch main line for public water shall be extended from the intersection of South 88 Avenue and Coolidge Road to serve the development. Plans shall be developed in conjunction with Nob Hill Water and submitted to the City of Yakima Engineering Department. 6. Sanitary sewer is required to be extended to and through the development. Plans shall be submitted to the City of Yakima Engineenng Department. 7 During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. 11 CONTACT PERSON Contact Joseph Calhoun, Assistant Planner at (509) 575 -6162, or e -mail jcalhoun @ci yakima.wa.us for more information. r This MDNS 1s issued after using the optional DNS process in WAC § 197 -11 -355 There is no further comment penod on the MDNS 11 Responsible official. Michael A. Morales Position/Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address 129 N 2 ° Street, Yakima, WA 98901 1 � � Date August 19, 2010 Signature /.,/ You may appeal this determmatlon to Michael A. Morales, pp ael . Mo ales, CED Director, at 129 N 2nd Street, Yakima, WA 98901 No later than. 5.00 p.m. on September 2, 2010, by completing the appeal application form and payment of $505 appeal 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 F There is no agency appeal. 1 1 1 Apple Tree Development ® ®C. 3 Vicinity of Coolidge and 88th INDEX SEPA #021 -10 Uf/ LJ/ LU.0 LL JL JU77f LLJOL HrrL. MCC IJVIV rMUt F71/ F71 n s::;\ : :'''°; ,; RECEIVED r ,; JUL 2 6 2010 CITY OF YAKIMA C ITY OF YAKIMA 1 LAND USE ACTION INSTALL CERTIFICATE II r Project Number: p n g 04,-10 , ' L O - - , 0 I Date of Installation: 7 - Z c - 2 0 /0 r Sz.Pr 21 -, 0 V 4 ton id I Site Address: Location f Installation (Check One) r Land Use Action Sign is installed per standards described in YUAZO § 1 15 11 090(C) Land Use Action Sign is installed in an alternate location on the site. Note. this 1 alternate location (if tot 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 1 1 I hereby testify that the sign installed fully complies with the Land Use Action sign 1 layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. I Applicants Name (please print) Date 41P6 1 Cvls4-44 7C c 1, 7- z4 - 24/ o 1 Applicants Signature Telephone Number of Applicant _ 0 /6_,— , <..~, PC{ 9i 7 2. - 2. 7- z- 0 1 The required comment period will begin when the Code Administration and Planning r 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 r 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. DOC. 1 INDEX 1 1 111 AFFIDAVIT OF MAILING STATE OF WASHINGTON ' CITY OF YAKIMA RE. PLP #004 -10, PD #002 -10, SEPA #021 -10, VAR #002 -10 Apple Tree Development, Cameo Court Vicinity of South 88th Avenue and Coolidge Avenue I, Connie Dulaney, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith, that said notice was addressed to the applicant; SEPA 1 reviewing agencies and all property owners of record within a radius of 500 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 'July, 2010. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true Connie Dulaney Department Assistant III 1 1 1 1 D ®CO INDEX 111 # e -2 ,18133142003 1 18133142004 18133142002 APPLE TREE CONSTRU O LLC APPLE TREE CON CTION CO LLC 1 APPLE TREE CONSTRUCTION CO LLC 2550 BORTON 2550 BO 2550 BORTON RD YAKI , ashington 98903 Y A, Washington 98903 YAKIMA, Washington 98903 18133134495 18133134494 18133134493 I APPLE TREE CONSTR TION CO LLC APPLE TREE CONSTRUCT tai°C'4� LLC APPLE TREE CON TION CO LLC 2 BORTON 2550 BORTON 2 550 B YAKIM , shington 98903 YAKI as tngton 98903 MA, Washington 98903 ' 18133134491 18133133442 18133143404 APPLE TREE CONST ION CO LLC APPLE TREE PARTNERSHIP APPLE TREE RESORT DEVELOPMENT CO 2550 BORTON 8804 OCCIDENTAL AVE 2550 BORTON RD YAKIM ashington 98903 YAKIMA, Washington 989039637 YAKIMA, Washington 98903 1 18133143403 18133143405 18133134487 APPLE TREE RESORT LOPMENT CO APPLE TREE RESORT DE LOPMENT CO APPLE TREE RESORT DU.X1.®Pl4?ENT CO I 2550 BORTON 2550 BORTON 2550 BORT .N.R""°°`� YAKIM ashington 98903 YA , ashington 98903 Y Washington 98903 1 18133143406 18133131418 18133131417 APPLE TREE RESORT DEVELOPMENT CO LLC COTTONWOOD PARTNERS LLC COTTONWOOD PART RS LLC 2550 BORTON RD PO BOX 8353 PO BOX 83 YAKIMA tgton 98903 YAKIMA, Washington 989080353 Y , Washington 989080353 18133131437 18133131422 18133131425 1 COTTONWOOD P Ircri7C COTTONWOOD PART COTTONWOOD PARTNERS 1 LC PO BOX PO BOX PO BOX 835 „,,.,... YA Washington 989080353 Y A, Washington 989080353 Y Washington 989080353 18133131426 18133131427 18133131428 I COTTONWOOD ERS LLC COTTONWOOD PAR LC COTTONWOOD PARZ EVS LLC PO BOX PO BOX 83 PO B 353 YA A, Washington 989080353 YAK , Washington 989080353 IMA, Washington 989080353 1 18133131429 18133131430 �r+ 18133131423 I COTTONWO ARTNERS LLC COTTONWOOD P ER LLC JRC INC PO BOX PO BOX 83 PO BOX 8056 YA A, Washington 989080353 YAK , Washington 989080353 YAKIMA, Washington 989088056 18133142005 18133131434 18133131433 I P3 HOLDINGS WASHINGTON LLC SUMMIT CREST CONSTRUCTION LLC WESTSIDE ELECTRIC LLC 318 SINCLAIR AVE PO BOX 8310 1014 N 34TH AVE NACHES, Washington 98937 YAKIMA, Washington 989088310 YAKIMA, Washington 989021082 18133143408 18133131436 18133134467 ANN LARIVIERE ANTON R & KARLA J FRENZEL BRIAN W & TAMARA L MEEHAN P 0 BOX 8300 PO BOX 2687 8841 BRAEBURN LOOP YAKIMA, Washington 98909 YAKIMA, Washington 989072687 YAKIMA, Washingtoa98903 ® e INDEX 18133143410 18133131402 18133134468 -- III BYRON G BORTON CHARLES BRYAN & KATHRYN JARVIS DAVID L & P LOR1�1tKEITHLY , _ 2109 S 88TH AVE 1906 S 88TH AVE 5808 A SUMMITVIEW # 133 I YAKIMA, Washington 98908 YAKIMA, Washington 989039620 YAKIMA, Washington 98908 1 I 18133143402 i 18133143401 18133143409 GEORGIA WATT GEORGIA WATT.._ GARY A & CHRISTINE A REMY 8404 COOLIDGE RD 8404 COL —I iLiE RD 2107 S 88TH AVE YAKIMA, Washington 989039609 4 Washington 989039609 I YAKIMA. Washington 98903 18133134492 18133143407 18133131003 JOHN A III & JAN R REED JOHN M & ELIZABETH R GEHLSEN JOHN T & KAREN L BAKEN 8850 COOLIDGE AVE 2103 S 88TH AVE 1910 S 88TH AVE YAKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 989039620 I 18133131002 18133131435 18133131421 JOHN T & KAREN N JON R & MELODEE A OLETZKE NORMAN V & BEVERLY J LEAVERTON 1910 S 8 AVE. 8901 WHITMAN AVE 5808 A SUMMITVIEW # 89 Y A, Washington 989039620 YAKIMA, Washington 98903 YAKIMA, Washington 98908 ' 18133131401 18133142001 18133131419 OLA B & KRISTINE VESTAD RICK D & JACQUELIN VAN VLECK ROBERT M & MARY M EAKIN 9407 RIDGEWAY RD 1914 S 84TH AVE 5902 DOUGLAS DR ii YAKIMA, Washington 98908 YAKIMA, Washington 98903 YAKIMA, Washington 98908 18133131424 18133131431 18133131420 ROD & TAMMY K WINEGAR 1 2007 S 89TH AVE SANDRA J DAHL THOMAS V & PEGGY A ROY 2005 S 91 ST AVE 8901 WHATCOM AVE YAKIMA, Washington 98903 YAKIMA, Washington 98903 YAKIMA, Washington 98903 I 18133131432 18133134466 U _ Z VU NGOC TRAN WILLIAM H & BONNIE J BETTERTON 50 - 2_0 + > Total Parcel Appletree Development PLP #004 -10, 414 S 70TH AVE PO BOX 1940 SEPA #021 10 YAKIMA, Washington 98908 YAKIMA, Washington 989071940 I Cindy Noble Huibregts, Dural] uibregts, Louman Assoc., Inc. NFRD 8550 Occidental Ave Yakima, Washington 98908 801 North 39th Ave. 5609 West Arlington Street Yakima, Washington 98902 Yakima, Washington 98908 I Wilma Koski )1f "l r ' �y ' 1 G6 1 21 North94thPlace p 6 0 02 -f ,, 1 0Lf ()O "4 iv1 ljelf} L/ 1F' ?'L/ t;/1- 1i /t Yakima, Washington 98908 1 1 til <_•- - -4 7- L • 1 1 1 1 ® ®C. INDEX r # �-z -ZC SEPA REVIEWING AGENCiI,S rage 1 of 1 OD -RG, SEPA Reviewer Mr Greg Griffith Army Corps Dept. of Natural Resources Div of Archeok & Hist. Pres PO Box c -3755 713 Bowers Rd PO Box 48343 Seattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Cascade Natural Gas Dept of Soc /Health Service WA State Attorney Gen. Office 701 S l Ave Capital Programs Ofc Bldg #2 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Yakima, WA 98902 Olympia, WA 98504 Washington State Dept of Health Chamber of Commerce Office of Drinking Water City of Union Gap 10 N 9 St. Attn. Christine Collins PO Box 3008 Yakima, WA 98901 16201 E Indiana Ave, Ste# 1500 Union Gap, WA 98903 Spokane Valley, WA 99216 Dept. of Transportation Tom McAvoy Gary W Pruitt Planning Engineer Q -West Clean Air Authonty 2809 Rudkin Road 8 S 2 Ave Room 304 329 North l Street Union Gap, WA 98903 Yakima, WA 98902 Yakima, WA 98901 Environmental Protection Agency West Valley School District Mr Lee Faulconer 1200 6 Ave MS 623 Attn. Peter Ansmgh Dept. of Agriculture Seattle, WA 98101 8902 Zier Road PO Box 42560 Yakima, WA 98908 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W Washington 1210 Ahtanum Ridge Drive Dept of Ecology Yakima, WA 98903 Union Gap, WA 98903 15 W Yakima Ave St. 200 Yakima, WA 98902 Foundation Department of Ecology Yakima Greenway Environmental Review Section Nob Hill Water Co 111 S 18"' St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504-7703 Yakima, WA 98908 Yakima School District Chuck Hagerhjelm Pacific Power Superintendent o WA State Emergency Mgmt. Div Mitigation, Analysis & Plammmg Mgr Mike Paulson 104 N 4 Ave Building 20 500 N Keys Rd Yakima, WA 98902 Yakima, WA 98901 Camp Murray, WA 98430 -5122 Yakima Ai ort Yakama Indian Nation g Cultural Resources Program John Marvm� tat Fisheries Project Manager Johnson Meninick, Mgr 2400 W Washington Ave 771 Pence Road Yakima, WA 98903 PO Box 151 Yakima, WA 98909 Toppenish, WA 98948 YVCOG Yakama Indian Nation Ahtanum Irrigation District Transportation Planner Environmental Protection Prog. P 0 Box 563 311 N 4 Street STE 202 Moses Segouches Yakima, WA 98907 Yakima, WA 98901 PO Box 151 Toppenish, WA INDEX -1 SEPA REVIEWING AGENCILS Page 2 of Federal Aviation Administration Environmental Coordinator 1 Wastewater Division Cayla Morgan, Airport Planner Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave S W Toppemsh, WA 98948 Renton, WA 98055 -4056 Ruth Jim Mr Marty Miller I Yakima County Commissioners Yakama Tribal Council Office of Farm Worker Housing PO Box 151 1400 Summitview #203 Toppenish, WA 98948 Yakima, WA 98902 Mr Vern Redifer Dept. of Archaeology & Historic Eric Bartrand Yakima County Public Services Preservation Dept. of Fisheries 1 PO Box 48343 1701 S 24` Ave Olympia, WA 98504 -8343 Yakima, WA 98902 John Baugh WSDOT Aviation Division I Mr Steven Erickson Yakima Valley Museum John Shambaugh Yakima County Planning 2105 Tieton Drive 18204 59 Drive NE, Ste B 1 Yakima, WA 98902 Arlington, WA 98223 Dept. of CTED Soil Conservation Dist Yakama Indian Nation Growth Management Services Attn. Ray Wondercheck Environmental Review Coordinator PO Box 42525 1606 Perry St Suite F Thalia Sachtleben Olympia, WA 98504 -2525 Yakima, WA 98902 P O Box 151 Toppenish, WA 98948 1 Department of Fish & Wildlife c/o Mark Teske I 201 North Pearl • Ellensburg, WA 98926 1 1 1 Type of Notice nje L F pu.LL ( e ('' 1 File Number(s) r Del -10 ; ?LP -it , it _ P►icrei -10 01k- 0066 -10 1 Date of Mailing 1 - - 1 1 ® ®C. INDEX 1 # -2 - rce u / -zs- i u Legal Nonce - 1Nic oI App, ruoiic nearing, r,rti xeview - cameo court - rage 1 of 1 1 Dulaney, Connie From Simon Sizer [legals @yakimaherald com] 1 Sent: Wednesday, July 21, 2010 3 50 PM To Dulaney, Connie 1 Subject: Re 07 -23 -10 Legal Notice - Ntc of App, Public Hearing, SEPAReview - Cameo Court - PLP #004 -10, PD #002 -10, SEPA #019 -10 I've scheduled this legal notice for 7/23, for a cost of $140 91 1 On 7/21/10 8 57 AM, "Dulaney, Connie" <cdulaney @ci selah wa us> wrote 1 PLEASE PUBLISH ONCE ONLY ON FRIDAY, JULY 23, 2010 Send Invoice and Affidavit of Publication to. 1 Account #11002 1 City of Yakima, Planning Division . 'NOTIC HEAR ' AND :. 1 " 6`14 3 . 1) E NVIRONMENTAL;REVIEWN;``2,v " '' 129 N 2nd St. ,July 2 3 a' 2 0 1 0 `iProject of { at Tr a C l Parcel :: 1813 ;k 20 # P # Yakima, WA 98901 : 1o; 4 PLP # #002 : :10 e, Date:: rofe ^5/,14; 6/2 and; 7 /12/,10; Date.ovDe',y .. terininetioir'',•of ;Applicationi;Compp�leteness: ;7/19/.10;. ROJ iPECT:;DESCRIPN; . TIO39- Io :Develop mast: =;`and>'Prellminarye.Long}.Plat ;;known`a " 'Court:,at a=SEP,A''Enviror1mentalRe 'view A dditionally , thefapplicant'frequesled,fa Vanarice: :to :the minimum s,zetof`a Planned'Develop'ment - RONMENTAL REVIEW -This ,s,to,nohfy, altthe.,p iblic' and pn'vate- agencies`, with junsdiction andjenvrronmen =. tai= expaitfik hat:.the Citji,LarYakimak[Division En ' ro nniental Planning has been� as the lead 1 Connie Dulaney ;agency pursuant. to .the `Washington „State�rEnwron mental : Policy Act_ (SEPA) forr stated - project.; .:The,.Cityeof Yakimarypresently ..fnclineditowards,the.:is =. Department Assistant III ,,suanoez;of = a ylitiga_teeDetermiriation „ot+ Noel Signffit, canc et (MDNs1,,onftiiiciii- oiectri:WAC} 18] = . ;3t proc. :essiis, being :used uThis” may be'your.only opportu r�towcomment 'on=the:environ"men of the 1 fy City of Yakima Planning proposed project:;You f ave the right to1comment on' this application'andr ' a paity record :;Aden ajaa and the-publfc:.`are;vencouraged °to�sreview. anii comment on- this:pro"pos`eii, project and its proba= 129 N 2nd Street ele environmental , Impacts: :A ll %;writteni:comments re= oeivedrby;: :0 'Augue2,12;2010;'(l6 - tro ng 1 SEPA Re 1-6:v r w tl l be considered?pnor t issuing' the nal :determination on this application ase m . Ple ail your.,' Yakima, WA 98901 comments } one. thlsfproect -to: MchaeIMorales;,,Cl of Yakima x;12 ? :N -. 2ndw Street, Yakima,'WAi~98901 N0 TICS; OF SEPA otei,SION `"A copy of; th%e ;SEPA'• 509 thre ::will�ibe :available after - Fend o 1 f` .20= ay - comm ere.witiliTA=a'1da� .SEPAA appeal,periodieffective upon the 'da mailing NOTICE .tOF, PUBLICi' H EAR ING:.Thi request "requi "res ,p blchheanng hasxbe i n'ys heduled l "-foi Septa ber 9;: 2010. begtnning "9 :00 a;m in the'Councih' 1 C ity +Hall; 129 „Nr 2 nd Street;- Yakima, .WA;rAny ,;person 'desiring'to expressstheir,views ' orjatiis matteil.10 in to `.the;public;hearing`orto” sutimit- writtenfcom + `meets: (Following,`thespublic, hearing, the"Hearing ; ;:Ex-' a ner ;will ;,_ issue ' 'his: +,recommendations to e?Yakima. - City ;w thin tena(: 10)`. =tusines§ :days: ; lfyou ;iia`ve, 1 - - $a ny. question?:on.this'4proposal =pleasel'call "J oseph: Cal ihoun,: at' (50 6162zor ;e'= mail'at Simon Sizer jcalhounci :y akimawa "Us:?."ga'-�'`-� �°�-' .Igt Legal/Obituary Clerk 1066407P)40;2-3;-,26iO4'.. `7 : •�, ,.: 9 Y .„ it,en- .. . = ,;3r.?.- ' vz:. v , r _ " n ' lit - Yakima Herald-Republic E.>_, ,.. , ,:. sti :,, , <_ . ;. (509) 577 -7740 Fax# (509) 577 -7766 DOCo 1 INDEX 7/21/2010 ' - b 1 rage 1 or 1 1 Dulaney, Connie 1 From Dulaney, Connie Sent: Friday, July 23, 2010 8'01 AM 1 To Adriana Janovich - Yakima Herald, Barbara Serrano - YHR, Brackney, Rosanne, Brown, Michael, Bruce Smith - Yak. Business Times, Chris Bristol - YHR, Claudia Moreno - Noticias Locales, Criag Troianello - Yakima Herald Rep , Dulaney, Connie, Erin Snelgrove - Yak. Herald Rep, 1 Gabriel Martinez - KDNA, George Finch - Business Journal, lbarra, Rosalinda, KIMA TV, KNDO News, KUNS -TV Univision, Lance Tormey; Lou Bartelli, Lozano, Bonnie, Mai Hoang, Mark Morey; Marta Isabel Sanchez - Univision, NWCN, Randy Beehler - YPAC, Scott Mayes, Yakima Business Journal, Yakima Herald Republic Newspaper 1 Subject: 07/23/10 Press Release Ntc of App & Public Hearing -Lemon CL3 #008 -10, Ntc of App, Public Hearing, SEPA -Cameo Court PLP 004 -10, PD 002 -10, SEPA 019 -10 1 Attachments Ntc of App, Public Hearing, SEPA Review - Cameo Court - Press Release doc; Ntc of App & Public Hearing - Lemon - Press Release doc Rosanne, please post to http. / /www.ci.yaknna.wa.us/ services /planning/Noticeofap.asp 1 Thank you Connie Dulaney Department Assistant III 1 City of Yakima Planning 129 N 2nd Street Yakima, WA 98901 509 - 575 -6183 1 1 1 1 1 1 1 1 1 1 DOC. INDEX 1 7/23/2010 J & NOTICE OF APPLICATION, PUBLIC HEARING AND ENVIRONMENTAL REVIEW DATE July 23, 2010 TO SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM Michael Morales, CED Director SUBJECT Notice of Application, Environmental Review and Public Hearing Project Location. Vicinity of South 88 and Coolidge Avenues Project Applicant/Owner Apple Tree Parcel Number. 181331- 42003, 42004 File Number. PD #002 -10, PLP #004 -10, SEPA #019 -10, VAR #002 -10 Date of Application May 14, June 23, and July 12, 2010 Date of Determination of Application Completeness July 19, 2010 PROJECT DESCRIPTION The City of Yakima Department of Community & Economic Development received an application from Apple Tree Development, for a 39 -lot Planned Development and Preliminary Long Plat, known as "Cameo Court at Apple Tree" and a SEPA Environmental Review Additionally, the applicant requested a Variance to the minimum size of a Planned Development. ENVIRONMENTAL REVIEW This is to notify all the public and pnvate 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 Mitigated Determination of Non Significance (MDNS) on this project. WAC 197 -11 -355 process is being used. This may be your only opportunity to comment on the environmental impacts of the proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal. 1 Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authonty (YRCAA) 2 An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of undisturbed ground. 3 The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. 4 The soils shall be sampled and analyzed for lead and arsenic and for organochlonne pesticides. If contaminants are found at concentrations above the MTCA clean -up levels Ecology recommends that potential buyers are notified of their occurrence. 5 Waterlines are required to be extended throughout the new development. Location and sizing will be determined at time of formal plan review A 16 -foot public waterline easement is required for all existing and proposed public waterline facilities that are located on private property 6 Dunng project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6 am to 1000 pm Monday thru Friday, and 8 00 am to 10 00 pm weekends and holidays. 7 YMC Title 12, Development Standards require full frontage improvements on all street frontages with City standard curb, gutter, sidewalk and street lighting. All improvements shall meet City of DOC. INDEX Yakima construction standards and be installed at appropnate locations as approved by the City Engineer Plans for the location and type of improvements must be reviewed and approved by the ' Yakima City Engineer prior to construction. 8 Complete stormwater design plans, specifications and runoff / storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and the City of Yakima Stormwater Management Guide. These plans and control measures must be reviewed and 1 approved by the Yakima City Engineer prior to construction. Required Permits The following local, state and federal permits /approvals are needed for the proposed ' project. Building Permit, Street Break Permit, Clean Air Permit, Washington State Department of Ecology NDPES Permit and Traffic Concurrency Review Required Studies N/A ' Existing Environmental Documents. N/A Preliminary determination of the development regulations that will be used for project mitigation and consistency- International Building Code, International Fire Code, City of Yakima Title 12 ' Development Standards, Urban Area Zoning Ordinance and Urban Area Comprehensive Plan. Complete copies of the SEPA Checklist are available upon request and on the City website at: http. / /www.ci.vakima.wa.us/ services /planning/Noticeofap.asp You have the nght 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 August 12, 2010 (regarding the 1 SEPA Review) will be considered prior to issuing the final determination on this application. Please mail your comments on this project to Michael Morales, City of Yakima, 129 N 2 " Street, Yakima, WA 98901 Please be sure to reference the file number (PD #002 -10; PLP #004 -10; SEPA #019 -10, VAR #002 - 1 10) or applicant's name (Apple Tree) in any written correspondence. NOTICE OF SEPA DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment penod. There will be a 14 -day SEPA appeal period effective upon the date of mailing. ' NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold a public heanng. This public hearing has been scheduled for September 9, 2010 beginning at 9.00 a.m., in the Council Chambers, City Hall, 129 N 2nd ' Street, Yakima, WA. Any person desinng to express their views on this matter is invited to attend the public heanng or to submit written comments Following the public hearing, the Hearing Examiner will issue his recommendation to the Yakima City Council within ten (10) business days. ' If you have any question on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575- 6162 or e -mail atjcalhoun @ci.yakima.wa.us. Encl Prehminary Plat, Written Narrative, and Mailing Map 1 1 ' DOC. INDEX 1 2 i# e Y. n ,, DEPARTMENT OF COMMUNITY AND ECONOMIC Dr�'ELOPMENT ��% � `�I �' ' Planning Division i. 129 North Second Street, 2nd Floor Yakima, Washington 98901 4 �N3 r ,,,,V w . �; (509) 575 -6183 = Fax (509) 575 -6105 I ':,,��,1� R `�� www.buildingyakizna.com • www.ci.yakima wa.uslservices /planning/ July 19, 2010 I Apple Tree Development Attn Glen Dural] t 2550 Borton Rd Yakima, WA 98908 Determination of Application Completeness for the following applications PD #002 -10 I , PLP #004 -10, SEPA #021 -10, VAR #002 -10 Proposal Planned Development, Preliminary Long Plat, Vanance, and SEPA Review to I subdivide approximately 9 4 acres into 39 Lots. Location Vicinity of 88 and Coolidge Avenues 1 Portions of your application were submitted on May 14, 2010, June 23, 2010, and July 12, 2010 After initial review, the City of Yakima Planning Division has determined as of July 19, 2010, 1 that your application is now complete for further processing. Continued processing of your request will include, but is not limited to, the following actions 1 1 A Notice of Application is to be sent to all property owners within 500 feet of your site. This notice will include a request for public comments dunng a 20 -day comment penod as is required by the City of Yakima. 2 Following the comment penod a SEPA Threshold determination will be issued, which is followed by a 14 day SEPA Appeal penod If not appealed, a staff report will be prepared by 1 the Planning Division, which will include a recommendation to the hearing examiner as well as any recommended conditions of approval I 3 An open record public heanng will be scheduled before the City of Yakima s hearing examiner The hearing examiner will issue a recommendation to the City Council I Following the receipt of the hearing examiner's recommendation, a closed record public heanng will be scheduled for a City Council decision on the preliminary plat and planned development. You may contact me at (509) 575 -6162 or email at calhoun ci aki I � @ y ma.wa.us if you have any questions regarding this matter Very truly yours, I I se h alhoun p Assistant Planner 1 Yakima C. ' DOC ., INDEX 1� r 1 1 APPLETREE DEVELOPMENT "CAMEO COURT" PLP#004-10 VAR#002-10 SEPA#021-10 PD#002-10 9 9 9 EXHIBIT LIST CHAPTER H 1 Public Comments • , .* H-1 Comment Letter received from Jane Carmody on behalf of 10/18/10 the Board of Directors of Appletree 1 1 1 1 1 1 1 1 1 1 October 12, 2010 RECEIVED Department of Community and Economic Development ' 129 North Second Street OCT 18 2010 Yakima, WA 98901 CITY OF YAKIMA COMMUNITY DEVELOPMENT ' Attn Mr Michael Morales, Director Dear Mr Morales The homeowners of Apple Tree have a significant interest in any plans, documents, agreements, or other items pertaining to the Apple Tree Resort Development. These include ' Master Plans, Development Agreements, Overlays, Plats, Variances, Notice of Applications, Environmental Reviews, Subdivision plans, and the like or any changes or modifications thereto ' The reason for this is that certain rights have been granted to the homeowners within Apple Tree and we wish to be assured that any newly created, changed or modified plans or ' documents do not affect these rights or the obligations of the Developer Accordingly, we request that you provided notice to the following members of the Apple Tree Board of Directors even when such notice is outside the 300 foot notification boundary Ms Paula Youngstrom, 8818 Braeburn Loop, Yakima, WA 98903 ' Ms Leslie Hopper, 9101 Honeycrisp Ct., Yakima, WA 98903 Mr Victor Ratia, 2205 S 96th Ave , Yakima, WA 98903 Mr Russ Melcher, 8838 Braeburn Loop, Yakima, WA 98903 Thank you for your cooperation in this matter ' Sincerely yours, 9ri,v C Jan Carmody, Secretary By Direction of the Board 1 1 DOC. 1 INDEX % 1