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HomeMy WebLinkAbout2007-051 Subdivision Infrastructure for Affordable Housing (re: Marvin Gardens project)AN ORDINANCE ORDINANCE NO 2007-51 amending the 2007 budget for the City of Yakima; and making appropriations of $371,866 within the 124 — Neighborhood Development Fund for expenditure during 2007 to provide infrastructure for an affordable housing subdivision WHEREAS, the amount of $371,866 must be appropriated within the 124 — Neighborhood Development Fund for expenditure during 2007 to provide infrastructure for an affordable housing subdivision, and WHEREAS, at the time of the adoption of the 2007 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35 33 091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1- The amount of $371,866 is hereby appropriated from the Unappropriated Fund Balance in the 124 — Neighborhood Development Fund to the following accounts as a 2007 appropriation Resources. Contribution from OIC ------------------ 124-124-340-2227-36700-CNT —$239,866 CDBG Program Income --------------- 124 -124 -699 -0000 -38500 -PRG --$132,000 Total Resources $371,866 Expenditures. Non -Fed Marvin Gardens Infrastructure -124-124-340-2227-59435-650 —$239,866 CDBG Marvin Gardens Infrastructure ---124-124-331-2107-59530-650 --$132,000 Total Expenditures $371,866 Section 2: This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 16th day of October, 2007 City Clerk First Reading 10-2-2007 Publication Date 10-19-2007 Effective Date 10-19-2007 Cje ORD NO 2007-51 Marvin Gardens ONDS approp 07 12/2/2007 ,// //,4101 avid dler, Mayor ONDS Marvin Gardens Subdivision Cash Flow Phase 1 Tasks Complete Environmental Purchase Land Design Subdivision Clear Land Land Transfer to OIC Net Cost to City to Date Phase 2 Infrastructure Engineering (private) Engineering (city) Phase 3 Build New Homes* Funding Source ONDS HOPE 3 Program Income Non -Federal CDBG Infrastructure Total Phase 2 Cost CHDO Revolving Construction Fund First Time Homebuyer Loan (max $31,000/ family) Down Payment Assistance ($4,000/ family) (*Potential assistance is contingent upon Council approval and family income) 10/10/2007 Amount $256,872 $132,000 $239,866 $373,134 $745,000 Funds Expended $256,000 ($239,000) $17,006 co 0 1 S3 - —6t Cf` GRAPHIC SCALE —.--94&--- 65.0 (INFEST) 0 0 0 90.0' O 20.0' \ 20.0 o HATHAWAY Lo O 20.0' O 90.0' — ---61-0—�- HATHAWAY HOMES11ES CONCEPTUAL PLAN "B -l" PREPARED FOR CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES == NOT IN DEVELOPMENT 'Phomas F Professional Land PO BOX 2514. YA IMA. WI Tele (509) 576-0441, Fax Toll Free 1-888-5 ORDINANCE NO. 2004 - GO AN ORDINANCE amending the 2004 budget for the City of Yakima, and making an appropriation of :5252,000 in the 124 — Office of Neighborhood Development Services Fund for expenditure durmg 2004 to provide additional HOPE 3 project funds WHEREAS, the amount of $252,000 must be appropriated within the 124 — Office of Neighborhood Development Services Fund for expenditure durmg 2004 to provide additional HOPE 3 project funding, and WHEREAS, at the time of the adoption of the 2004 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required, and the City Council declares that an emergency exists of the type contemplated by RCW 35.33 091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The amount of $252,000 is hereby appropriated from the Unappropriated Fund Balance in the 124 -Office of Neighborhood Development Services Fund to account number 124-124-332-0000-559.20-48K titled HOPE 3 Smgle Family as a 2004 appropriation. Section 2. This ordinance is one makmg an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this S--l� day of °C1.0,b'1-- " 2004 SI PAUL GEORGE PAUL P GEORGE, MAYOR ATTEST: 1s/ KAREN S. ROBERTS 'CITY CLERK First Reading: 9-24-2004 Publication Date: Effective Date: Cepperson HOPE 3 Ordinance 9/16/2004 ;,-- BUSINESS OF THE CITY COUNCIL , ,.. , YAK.IMA, WASHINGTON ,. AGENDA STATEMENT , ,Fpl. Meeting Of ,- gosilsti-Ite=le4t , , 2004 =?: Item NO ITEM: TITLE: , ' `An Ordinance..AMending the 2004 Budget and Makingan.., .,.... •!'.. ;;,,,, ; .).,' I Appropriation .in the'124 ,.-,C31ffiedf.NOghborho9d Development Services (ONDS) Fund for additional HOPE 3 Project funds SUBMITTED BY "Williarn Cobabe, oNps Manager i''' r'e .,• .). 'A. William Cook, Community & Economic Development, Director CONTACT PERSON/TELEPHONE Bill Cobabe7575-6101 = SLT.MMARY EXPLANATION •. ATION f." 'TS71411% subdivisions withJocal-private and non-profit developers, We:completed.SuCh a.,,,,,,!,- project about 4 years ' ago with United Builders, we Just cornpleted,a projeCtinrith:OIC,:anct, ..(' '',•,_ .:','.. ....,4,-, In:recentyears: ONDSffordable .,„ bas moved to -- develop ahomeownerShip'Opportunities in ..1 ' have another underway `TheSe:pew:home8 are c6ristr4ctecl,,orl.igfill-.1gs-ar0:rasAand -_ throughout the olderportions.Olthe City,, — ONDS is m the pla.nning stages of A larger project, 'in partnership with OIC and for„.. Fliiinanity • This is to be located at the end ofl-fathaway; -in the .Fillitwale-atea._ It will, --i-• -.=- ' ,' .,,. -Ultimately scontain.2Q neWlhomes,-In-order to make 'iourfunding:*prk,.as'efficieOtly as .,. poSsiblei:ONDS arranged a shOrt4erinnotewith=the.seller.of the property, tobe paid off v.iheri'lve-Were ready to proceed iv4th,the.pubdiNdkott. Continued .on page 2. • Resolution X Ordinance Contract,. Other (Specify) FUNDING SOURC'E. ONDS eserved Fund Balance APPROVED FOR SUBMITTAL: , . •I STAFF RECOMMENDATION: (B) ReadrOrdinance'by;title only at the September 21, 2004, meeting. Pass Ordinance after second =.7adi7 ga1t1.2, (--?(7l,tobr5i 2004 meeting. - _ _ ,,... BOARD/COMMISSION RECOMMENDATION:ip."--. =,, ,. , , ,..... ,,,,,, ,,,,,,, „,. ,,, 4,-,...• ..,..i.‘f- ,.. ,, COUNCIL ACTION f irst reading- of ordinance; second reading scheduled for October 5, Cje 9/16/200 HOPE 3 Appropriation • • 4 ?..t. 46. :4;7? 11:7* • "" ••• IWO iieif eforestarted Th redicttzWithAcitaiatettracy*hensottief " 'antra ated- note je 9/16/2004 HOPE 3 iation '"Y. • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No L.J. For Meeting Of October 16, 2007 ITEM TITLE An Ordinance Amending the 2007 Budget and Making Appropriations in the 124 -Neighborhood Development Fund to provide Infrastructure for an Affordable Housing Development SUBMITTED BY Bill Cobabe, Office of Neighborhood Development Services (ONDS) Mgr Cindy Epperson, Financial Services Manager CONTACT PERSON/TELEPHONE. Bill Cobabe – 575-6101 SUMMARY EXPLANATION: Five years ago ONDS and the current City Council recognized that we were not doing enough to help with some of the affordable housing homeownership opportunities. Since this is a major goal of our federal funding, and an eligible use of Community Development Block Grant (CDBG) proceeds, we began looking for opportunities to expand our services. We located and purchased, with the approval of the City Council, a relatively large parcel of land in the Fruitvale area. Since that time we have set up a partnership with Habitat for Humanity and Opportunities Industrialization Center (OIC) to develop the property and ultimately build 20 new homes on the property Subdivision design for "Marvin Gardens" has been completed, OIC has obtained funding from Washington State Department of Community, Trade, and Economic Development (CTED), and it is now time to move into the next phase of this development project. City engineering has designed the needed infrastructure, and this project is out to bid. The project is estimated to cost about $745,000, to be funded as follows Contribution from OIC CDBG Program Income above 2007 budgeted levels Total New Funding—Appropriation Total Use of CDBG Public Facilities/Infrastructure budget Project Total $239, 866 $132,000 $371,866 $373,134 $745,000 Resolution Ordinance X Other (Specify) Contract Mail to (name and address) Phone Funding Source Neighborhoovelogment Fund- Contributions, CDBG & Program Income APPROVED FOR SUBMITTAL. City City Manager STAFF RECOMMENDATION Read the attached ordinance by title only at the October 2, 2007 Council Meeting Pass ordinance after second reading at the October 16, 2007 Council Meeting BOARD/COMMISSION RECOMMENDATION. The Council Neighborhood Development Services Committee unanimously endorsed this for adoption at their October 10, 2007 meeting COUNCIL ACTION Moore, Debbie From. Epperson, Cindy Sent: Thursday, September 27, 2007 4.09 PM To: Zais, Dick Cc: Moore, Debbie Subject: FW- Marvin Gardins Project Overview From: Cobabe, Bill Sent: Thursday, September 27, 2007 4:06 PM To: Epperson, Cindy Subject: Marvin Gardins Project Overview The Marvin Gardens Subdivision is a joint project of the Yakima Office of Neighborhood Development Services, OIC, and Habitat for Humanity The project was begun in response to a clear need for expansion of the available supply of decent and affordable homes. There is a large demand for homes that will be priced within the reach of first time buyers who have incomes below 80% of the area median income (for a family of four, $39,900). Habitat for Humamty homes may be sold to families with incomes less than 50% of median income (family of four, $24,950). The idea was introduced to the Neighborhood Development Council Committee early in 2003 Property was located that would fit the project parameters, and purchased in August of 2003 The property in question was tested for possible problems like soil contamination, etc. and found to have an acceptable level of problems that could be resolved for a reasonable cost. Subdivision design work was begun, and the outcome is a 21 umt subdivision with lots of about 7,500 sq.ft., with one lot to be developed as a neighborhood park. Homes will be built by both Habitat and OIC, with the City committed to extending the infrastructure needed for the development using ONDS federal funds, as well as funds obtained by OIC from the Washington State Housing Trust Fund. An added advantage of the extension of water and sewer lures is that there are several homes already in the area that will be able to connect to City utilities. This is the largest housing development to date that has been assisted with City federal housmg funds. And it represents a new level of partnership between the three entities. The development will add millions of dollars m assessed value to the Citys tax rolls, it will enable a significant number of area residents and businesses to. connect to utilities, and most importantly, it will enable 20 new families to achieve the American Dream of homeownership. i US. Department of Housing -andUrban Development Pacific Northwest, Region X Environmental Assessment (HUD recommended format per 24 CFR 5836, revised 1/99) Project identification: Marvin Gardens Subdivision Preparer Archie M. Matthews, Operations Supervisor Responsible Entity Richard A. Zais Jr , City Manager Month/Year:October, 2007 Environmental Assessment Responsible Entity [24 CFR 58.2(a)(7)] City of Yakima Certifying Officer 124 CFR 582(a)(2)]: Richard A..Zais, Jr_ Project'Name. Marvin Gardens Subdivision Project Location: Hathaway Street between North 30th and 32nd Avenues, Yakima, WA 98902 Estimated total project cost:. 2,500,000 Grant Recipient 124 CFR 58.2(a)(5)1:City of Yakima Recipient Address. 129 No 2"d Street, Yakima, WA 98901 Project Representative: Archie M. Matthews, Operations Supervisor Telephone Number (509) 575-6101 Conditions for Approval: (List all mitigation measures adopted by the responsible entity to eliminate or minimize adverse environmental impacts. These conditions must be included in project contracts or other relevant documents as requirements). [24 CFR 58.40(d), 40 CFR 1505.2(c)] X Finding of No Significant Impact (The project will not result in a significant impact on the quality of the human environment) 0 Finding of Significant Impact (The project may significantly affect the quality of the human environment) Preparer Signature: `-711. Date: /0 (3c3/c 7 Title/Agency Operations Supervisor / Ne' hborhood Development Services 112 S. 8t' Street, Yakima Wa. 98901 RE Approving Official SignaturEi. �r '�j Date '\b Title/ Agency City Manager / City of Yakima 129 N. 2nd Street Yakima Wa. 98901 2 Statement of Purpose and Need for the Proposal. 140 CFR 1508.9(b)] The purpose of this development is to provide affordable single-family housing units to low/moderate income families of the City of Yakima. Where a shortage of affordable housing exists in the the City of Yakima. Description of the Proposal: include all contemplated actions which logically are either geographically or functionally a composite part of the project, regardless of the source of funding. 124 CFR 5832, 4D CFR 1508.25] The project will be located on Hathaway Street between North 30`b and 32°d Avenues, Yakima, Washington. A 4.76 acre parcel would be divided into a twenty (20) lot subdivision to be known as 'Marvin Gardens'. A pocket park is proposed, which would be about 8,300 square feet in size. An extension of Hathaway Street with a cul-de-sac at its westerly terminus East of North 327d Avenue would serve as access for all lots in the subdivision. The subdivision will _have public water and sewer brought to site, with sidewalks, curbs and paved street Twenty (20) new 3 and/or 4 -bedroom single-family homes would be built to accommodate low/moderate income first-time homebuyers. Existing Conditions and Trends: Describe the existing conditions of the project area and its surroundings, and trends likely to continue in the absence of the project j24 CFR 58 40(a)] The proposed project area (4.76 acres) is an undeveloped site without water, sewer or streets. The site is covered with weeds and is a fire hazard. The project site is zoned two-family residential and adjacent properties have the following land uses: North direction, single-fmaily homes/industrial; South direction, mobile home court; West direction, mobile home court, and East direction single-family homes. With the absence of proposal project site will remain undeveloped. 3 Statutory Checklist [24CFR §58.5] For each listed statute, executive order or regulation, record the determinations made. Note reviews and consultations completed as well as any applicable permits or approvals obtained Attach evidence that all required actions have been taken. Record any conditions or mitigation measures required. Then, make:a determination of compliance or consistency. Factors Determinations and Compliance Documentation Historic Preservation [36 CFR 800] No historic properties willbe affected and .project is not eligible for National Register In compliance Floodplain Management [24 CFR -55, Executive -Order 11988] Activy is not located in floodplain. See' Floodplains map IX -3 (-Yakima Uban Area Comprehensive Pian) In -compliance Wetlands Protection [Executive Order 11990] Project will not directly or indireclty impact a wetland. In compliance -See wetlands map IX -1 (Yakima Ubran Area Comprehensive Plan) Coastal Zone Management Act [Sections 307(c),(d)] Does not apply -In compliance Sole Source Aquifers [40 CFR 1491 There are no SSA. Does not apply -In compliance Endangered Species Act [50 CFR 402] No endangered, threatened, or proposed species or designated critical hatibat will be affected by this proejct. In compliance Wild and Scenic Rivers Act [Sections 7 (b), (c)] There are no rivers currently listed as Wild and Senic Rivers near the project site. In compliance Air Quality [Clean Air Act; Sections 176 (c)and (d), and 40 CFR 6, 51, 931 In compliance -per Yakima Regional Clean Air Authority Farland Protection Policy Act"! CFR 658] The project is currently zoned residential. Farmland Protection Policy is not triggered (see Urban Area Map) In compliance Environmental. Justice [Executive Order 12898] Although the site is affected by hazardous materials, as identified in `Phase 1 Environmental Site Assessment and reported in "Soil Investigation Report" (In compliance as addressed by °Hathaway Site Remediation Plan.) The City has determined this project is compatible with surrounding land uses. HUD Environmental Standards Determinations and Compliance Documentation Noise Abatement and Control [24 CFR 51 3]_ Sound levels do not exceed the 65 DNL. In compliance. Toxic or Hazardous Substances and Radioactive Materials [HUD Notice 79-33] In compliance -Not on EPA list or by toxic site Siting of HUD Assisted Projects near Hazardous Operations [24 CFR 51 C] See Hazard Map IX S (Yakima Area Urban Area Comprehensive Plan), showing the project site is acceptable. In compliance Airport Clear Zones and Accident Potential Zones [24 CFR 51 D] No FAA designated civilian airports are located within 3000 ft. or military airfields within 2112 mile of the project site. In compliance 4 Environmental Assessment Checklist [Environmental Review Guide HUD CPD 782, 24 CFR 58.40; Ref 40' CFR 1508.8 &1508.27] Evaluate the significance of the effects of the proposal on the character, features and resources of the project area. Enter relevant base data and verifiable source documentation to support the finding. Then enter the appropriate impact code from the following fist to make a finding of impact. Impact Codes: (1) - No impact anticipated; (2) - Potentially beneficial; (3) - Potentially adverse; (4) - Requires mitigation; (5) - Requires project modification. Note names, dates of contact, telephone numbers and page references. Attach' additional materials as needed. "Land'Development Code Source orpocumentation Conformance with Comprehensive Plans and Zoning 1 Site is designated as two-family residential. See Zoning Map. Compatibility and Urban Impact 2 Site is located in the North Central part of the City See Yakima Urban Area Comprehensive Plan. Slope 1 The site does not contain slopes that would require unusual excavation and fill activity Erosion 1 Erosion, if any, during construction will be controlled by developer Soil Suitability 4 Soil hazards have been identified by "Phase 1 Environmental Assessment" and "Soil Investigation Report" Hazards will be addressed according to "Hathaway Site Remediation Plan." Hazards and Nuisances including Site Safety 1 Hazards have been recognized thru approved testing procedures and will be dealt with appropriately according to "Hathaway Site Remediation Plan .° Energy Consumption 1 Adequate capacity exists to supply the project with electricity from Pacific Power. The project will be properly insulated and will contain other energy efficiency measures. Noise - Contribution to Community Noise Levels 1 Project will not generate a substanial amount of noise to the residential neighborhods. Noise from project construction activities is temporary Air Quality Effects of Ambient Air Quality on Project and Contribution to Community Pollution Levels 1 Air quality measures will be per the Yakima Regional Clean Air Authority requirements. Environmental Design Visual Quality - Coherence, Diversity, Compatible Use and Scale 2 This project is compatible with the existing neighborhoods. The project will enhance the surrounding areas 5 Socioeconomic Code Source or Documentation Demographic Character Changes 1 The project is consistent with the surrounding land uses There will be no demographic changes or change in neighborhood character Displacement 1 Land is currently vacant -no displacement will occur Employment and income Patterns 1 The project could have beneficial impact to the income pattem in the city, due to new families moving into the area. They may spend more of their income in the City once they move. Community Facilities and Services Code Source or Documentation Educational Facilities 1 The local schools will not be affected by this project. Commercial Facilities 2 The city's commercial facilities will benefit with additional residents to the local economy Health Care 1 The City health care facilites have the capacity to serve this project. Social Services 1 The increase in families would not adversely affect any other social services. Solid Waste 1 There is a negligible increase in families, but will not affect the solid waste services provided by the city See Urban Area Comprehensive Plan. Waste Water 1 There will be a negligible increase in customers, but will not affect the waste water services provided by the city See Urban Area Comprehensive Plan. Storm Water 1 Storm water generated by the project will not affect the city's systems. Water Supply 1 The project will be served by city water supply There will be an increase in use, but will not affect water services provided by the city See Yakima Urban Area Comprehensive Plan. Public Safety - Police 1 This subdivision will not have an appreciable affect on city 's Police. - Fire 1 This project will not have an appreciable affect on the city's fire department. 6 - Emergency Medical 1 The families would be served by the same emergency medical facilities that currentty serve wth city The subdivision will not have an impact on those services_ Open Space and Recreation 2 The subdivision has large individual Tots and a pocket park. - Open Space Surface Water 1 - Recreation 1 A city owned park, soccer field, skate park, and walkway are near by - Cultural 1 The families associated with the subdivision will have little Facilities Vegetation and Wildlife implact on cutural facilites. Transportation 1 The subdivision will be a cul-de-sac with low levels of traffic, but adequate capacity to serve the development. Bus service is available near the project site. ocumentation INICILui 41 1 V44Y1 •-V - - - Water Resources 1 Subdivision will be connected to City water and comply with City storm water requirements. Surface Water 1 Development will not affect surface water Unique Natural Features and 1 This development will not alter unique natural features. Agricultural Lands Vegetation and Wildlife 1 Development will not affect vegetation and wildlife surrounding the project area. Other Factors Source or Documentation NOTE: The Responsible Entity must additionally document and ensure compliance with 24 CFR §58 6 in the ERR, particularly with the Flood Insurance requirements of the Flood Disaster Protection Act and the Buyer Disclosure requirements of the HUD Airport Runway Clear Zone/Clear Zone regulation at 24 CFR 51 Subpart D 7 Summary of Findings and Conclusions The proposed development would have minor .impacts an the enviromnent, A Soil Investigation Report found contamination. Soil contamination will be rnitlgated as per the Site Recommendation Plan. All other impacts are not affected by the development. The project will utilize existing services provided by the City There are no endangered species or historic resources on the project site. The project is compatible with surrounding land uses and is located m close proximity to commercial, retail, recreational and medical services. The project could be beneficial effects on .income patterns in the City because the new famines could spend more of their incomes in the City ALTERNATIVES TO THE PROPOSED ACTION Alternatives and Project Modifications Considered [24 CFR 58 40(e), Ref 40 CFR 1508 9] (Identify other reasonable courses of action that were considered and not selected, such as other sites, design modifications, or other uses of the subject site. Describe the benefits and adverse impacts to the human environment of each alternative and the reasons for rejecting it) NONE Na Action Alternative [24 UR R 58.40(e)] (Discuss the benefits and adverse impacts to the human environment of not implementing the preferred alternative). NONE Mitigation Measures Recommended 124 Cat 58.40(d), 40 Cii'tt 1508101 (Recommend feasible ways in which the proposal or external factors relating to the proposal should be modified m order to elmunate or mrnmm»e adverse environmental impacts ) Soil Contamination Remediation Plan will be implemented in construction phases Best management practices will be required during construction to control erosion and comply with City requirements. See "Hathaway Site Remediation Plan" for remediation of soil concerns. Additional Studies Performed (Attach studies or summaries) Phase I Environmental Site Assessment Phase HEnvironmental Site Assessment Phases IEnvironmental Site Assessment Update Soil Investigation Report Soil Remediation Plan Preliminary Long Plat Application SEPA Report Hearing Examiner's Recommendation Report List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(6)] Yakima Urban Area Zoning Ordinance Yakima Urban Area Comprehensive Plan Fulcrum Environmental Consulting, Inc. Ryan K Mathews, CMC City of Yakima Environmental Planning Jeff Peters, Assistant Planner Thomas F Upton Surveying Tom Upton D.E.C. Engineering Services Dennis E. Covell P.E. Yakima Clean Air Authority Gary Pruitt, Director State Historic Preservation Office (SHPO) Russell Holton, Historian United States Department of the Interior Fish and Wildlife Service Endangered Species Act Status of Washington Salmon, Trout, and Steelhead Populations Confederated Tribes and Bands of the Yakama Nation Confederated Tribes and Bands of the Colville Nation STATE OF WASHINGTON DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION 1063 S. Capitol Way, Suite 106 .• Olympia, Washington 98501 Mailing address: PO. Box 48343 •• Olympia, Washington 98504-8343 (360) 586-3065 •• Fax Number (360) 586-3067 Website: www.dahp.wa.gov Mr Archie Matthews Neighborhood Development Services City of Yakuna 112 South. 8th Street Yakima, Washington 98901 Dear Mr Matthew. December 4, 2007 RECEIVED DEC 0 6 2007 OFFICE OF NEIGHBO; tN-,OQD DEVELOPMENT SERVICES Re: Marvm Gardens Project Log No 120407 -09 -HUD Thank you for contacting our department. We have reviewed the materials for the proposed Marvin Gardens Project at 3000-3100 Hathaway Avenue, Yakima, Yakima County, Washington. Based upon this information we concur with your determination the proposed project will have no effect upon cultural properties included m the National and State Registers of Histonc Places and the Washington State Archaeological and Histone Sites Inventones. Thus, no lustonc properties are affected.. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer m comphance with the Section 106 of the National Histonc Preservation Act, as amended, and its implementmg regulations 36CFR800 4 Should additional information become available, our assessment may be revised, including information regarding histone properties that have not yet been identified. We would appreciate receiving any correspondence or comments from concerned tribes or other parties that you receive as you consult under the requirements of 36CFR800 4(a)(4). In the event that archaeological or histonc materials are discovered during project activities, work m the immediate vicinity must stop, the area secured, and this department notified. Thank you for the opportunity to comment and a copy of these comments should be included m subsequent environmental documents. Robert G Whitlam, Ph.D State Archaeologist (360)586-3080 email. rob.whitlam@dahp.wa.gov , ,;,. `_-"` �UEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION [— Protect the Post, Shope the Future PROJECT REVIEW SHEET - EZI HISTORIC CULTURAL RESOURCES REVIEW PROPERTY / CLIENT NAME: Marvin Gardens / Otv of Yakima FUNDING AGENCY: atv of Yakima Project Applicant: Otv of Yakima Neighborhood Development Services Contact Person: Archie M. Matthews, Operations. Supervisor Address: 112 S. 84' street City, State: Yakima. WA. Zip: 98901 County/- Yakima Phone/ FAX: (509) 575-6101 / fax (509) 575-6176 E -Mail: amatlt d•vakima.wa.us Funding Agency: Organization. Address: City, State: Phone: City of Yakima Neighborhood Development Services 112 S. 8th Street Yakima, WA. Zip: 98901 5509) 575-6101 cellphone # L50) 901-0905 PLEASE DESCRIBE THE TYPE OF WORK TO BE COMPLETED i,Be as detailed as post ihie to avoid having to provide additional information) xD Provide a detailed description of the proposed project: 4.76 acre parcel to be divided into 20 single-family lots located in a Fam8ily Residential (R-2) zoning district, to include a cul-de-sac street, sidewalks, curbs, gutters, sewer, water, gas and electrical utilities. r X❑ Describe the existing project site conditions: Vacant abandoned lot, with no current buildings occupying the property, with overgrown vegetation, some bare soil areas. X❑ Describe the proposed ground disturbing activities: Some minor soil remediation to address heavy metals and historical pesticide concerns, road excavation, sewer, water, excavations as well as 20 housing footing and foundation excavations. ❑ Check if building(s) will be altered or demolished. If so please complete a DAHP Determination of Eligibility "EZ2" form for each building effected by the proposed project. PLEAS E ATTACH A COPY OF THE RELEVANT PORTION OF A 7..5 SERIES PSGS QUAD MAP AND OUTLINE THE PROJECT INPACT AREA. (USGS Quad maps dre available on-line at htip \Aivoiv topozone cam Project Location Township: 13 Range: la Section: 14 Address: 3000-3100 Hathawa_y Ave. City: Yakima County: Yakima County viace Map Here Mail this form to: Department of Archaeology and Historic Preservation or E-mail to: 1063 S. Capitol Way, Suite 106 P O. Box 48343 Olympia, WA 98504-8343 Robert Whitlam, Ph.D. State Archaeologist, OAHP (360) 586-3080 rob.whitlamaidahp.wa_uov (Within 30 days DAHP will mail their opinion back to you ) Please be aware that this form may only initiate consultation. For some projects, DAHP may require additional information to complete our review such as plans, specifications, and photographs An historic property inventoryform may need to be completed by a qualified preservation professional DETERMINATION OF ELIGIBILITY FORM - EZ2 FOR THE NATIONAL REGISTER OF HISTORIC PLACES Property / Client Name: "Marvin Gardens" City of Yakima Address: (m rural areas also include section, 3000-3100 Hathaway (Parcel #181314-23438 through 23449) Township, and range) City' Yakima County- Yakima County Date of Construction. 2007-2010 Information source: City of Yakima Optional information: (property description, historic significance, historic use, architect/builder, etc. ) This is undeveloped property with no buildings, This used to be orchard property with a home and outbuildings in the past No retum correspondence from either the Confederated tribes and bands of the Yakama Nation or the Confederated Tribes of the Colville Reservation. Requesting Agency/ Jurisdiction. Name. Organization: Address: City, State, Zip: Phone. The City of Yakima Neighborhood Development Services 112 5. 8th street Yakima, WA. 98902 (509) 575-6101 .PLEASE ATTACH ONE OR TWO CLEAR PHOTOS OF BUILDING (You mavluse 35mm film. Polaroid or a digital; image,. Photocopies of images are not acceptable) STATE HISTORIC PRESERVATION OFFICER OPINION (To be completed by the Office of Archaeology and Historic Preservation) !understand that the above said agency/jurisdiction is requesting the opinion of the State Historic Preservation Officer concerning the eligibility of the listed property for inclusion in the National Register of Historic Places. This statement confirms that 1 have consulted with the State Historic Preservation Office (SHPO) as required by the National Historic Preservation Act of 1966. ❑ (1) In my opinion, the property is eligible for inclusion in the National Register As such further review by the SHPO is required for any alteration to the. property Please fill out Building Rehabilitation Worksheet completely and retum to the SHPO office for further review 0 (2) In my opinion, the property is not eligible for inclusion in the National Register No further review is required by the SHPO Signed: Representative of State Historic Preservation Officer Date. Log #• Mail this form to: Office of Archaeology and Historic Preservation 1063 S. Capitol Way, Suite 106 P 0 Box 48343 Olympia, WA 98504-8343 or E-mail to: Russell Hotter Preservation Design Reviewer (360) 586-3533 russellh@cted.wa.gov (Within 30 days SHPO will mail their opinion back to you ) DEPARTMENT' OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Bill Cobabe, Manager Office of Neighborhood Development Services 112 South Eighth Street Yakima, Washington 98901 (509) 575-6101• Fax (509) 575-6176 July 27, 2006 Ms. Camille Pleasants Archaeology and History Department Confederated Tribes of the Colville Reservation P O.Box 150 Nespelem, WA 99155-0150 Dear Ms. Pleasants, The City of Yakima Neighborhood Development Services wonldi like to mvrte the Yakima Tribe to comment on a proposed Low-income hosmg project m Yakima, Washington. The proposed project would use federal HOME funds and is an undertaking of the City of Yakima which is delegated Federal Stiiii 5 under 24 CERPart 58_ ''The proposed sites are located northwest of downtown Yakima, Washington_ These parcels include, number 18131423448, number 18131423449, number 18131423442, number 18131423443, number 18131423444, number 18131423438, number 18131423439, number 18131423440, number 18131423441, number 18131423446, number 18131423447 and number 18131423446 The Hathaway Site consists of multiple parcels totaling approximately 3.5 acres located from the 3000 to the 3100 block of Hathaway Avenue in Yakima Washington. Hathaway Avenue is located south ofFruitvale Boulevard, a pnmary east -west thoroughfare. The subject site is pending location for development into site built single family residences for low-income tenants_ Based on the information provided by the National and State Registers of Historic Places and the Washington State Archaeological and Historic State Inventories, we have determined that the project will not affect cultural or histonc resources. We would appreciate hearing from you if the tribes know of archeological, historical or cultural resources on the proposed project site. Please note that we require all HUD partners to stop work and contact the State Histonc Preservation Office and any affected tribes if they discover artifacts during construction. Thank you for your consideration. Please be as specific as you can with any comments or information. Since this review is fime sensitive and must adhere to the provisions in 24 CFRPart 58, we request that you submit comments within 30 days from receipt of this letter. If you have any further questions, please contact me at. (5099) 575-6101. Thank you, yvl� Archie M. Matthews Operation Supervisor DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Bill Cobabe, Manager Office of Neighborhood Development Services 112 South Eighth Street Yakima, Washington 98901 (509) 575-6101-0 Fax (509) 575-6176 July 27, 2006 Mr. Jerry Mennuck Confederated Tribes and Bands ofthe Yakama Nation P OBox 151 Toppemsh, WA. 98948 Dear Mr Menu -110k, The City of Yakima Neighborhood Development Services would like to invite the Yakama Tribe to comment on a proposed Low-mcome hosmg project m Yakima Washington. The proposed project would use federal HOME funds and is an undertaking of the City of Yakima which is delegated Federal Status under 24 Crit Part 58. The proposed sites are located northwest of downtown Yakima, Washington_ These parcels include, number 18131423448, number 18131423449, number 18131423442, number 18131423443, number 18131423444, number 18131423438, number 18131423439, number 18131423440, number 18131423441, number 18131423446, number 18131423447 and number 18131423446 The Hathaway Site consists of multiple parcels totaling approximately 3.5 acres located from the 3000 to the 3100 block of Hathaway Avenue in Yakima Washington. Hathaway Avenue is located south of Fruitvale Boulevard, a primary east -west thoroughfare. The subject site is pending location for development into site built smgle family residences for low-income tenants. Based on the information provided by the National and State Registers of Histonc Places and the Washington State Archaeological and Historic State Inventories, we have deternumed that the project will not affect cultural or histone resources. We would appreciate hearmg from you if the tribes know of archeological, historical or cultural resources on the proposed project site. Please note that we require all HUD partners to stop work and contact the State Historic Preservation Office .and any affected tribes if they discover artifacts during construction. Yakima L '111I' Thank you for your consideration. Please be as specific as you can with any comments or information. Since this review is time sensitive and must adhere to the provisions m 24 CE Part 58, we request that you submit comments within 30 days from receipt of this letter If you have any further questions, please contact me at (509) 575-6101. Thank you, Archie M Matthews cc. Johnson Menuuck Operation Supervisor Kate Valdez United States Department of the Interior FISH AND WILDLIFE SERVICE Central Washington Field Office 215 Melody Lane, Suite 119 Wenatchee, Washmgton 98801 In Reply Refer Te: USFWS Reference. 13260 -2007 -SL -0046 Archie M. Matthews .Operations Supervisor City of Yakima Department of Community and Economic Development Office of Neighborhood Development Services 112 South Eighth Street Yalnm.a, Washington 98901 Phone: (509) 575-6101 Fax. (509) 575-6176 Dear Mr. Matthews. February 20, 2007 We have received your request for information on endangered and threatened species and their critical habitats that may be present m Yakima County, for the purpose of future community development activities in 2007 For your convemence, updated countywide species and habitat listings are now available on our website at http.//easternwashington.fws.gov To view the listings m your area of concern, select "county species fists" within the ESA programs page, and then select the county of interest. The lists available on our website are compliant with Section 7(c) of the Endangered Species Act of 1973, as amended (Act), and are the most current available listings of endangered, threatened and proposed species and critical habitats m a given area. For optional consideration, the lists also contain updated species of concern and candidate species Species of anadromous fish that have been listed under the Act by the National Marine Fisheries Service (NMFS) may also occur m your project area. Please contact NMFS in Ellensburg, Washington, at (509) 962-8911 to request information on fisted species within NMFS's jurisdiction. If you would like information concerning state fisted species or species of concern, you may contact the Washington Department of Fish and Wildlife, at (360) 902-2543, for fish and wildlife species, or the Washington Department of Natural Resources, at (360) 902-1667, for plant species When you submit a request for Section 7 consultation, we request that you include your downloaded species list and the date it was downloaded, as an attachment. If applicable, please also mclude the USFWS reference number on your consultation request. This will document your compliance with 50 CFR 402.12 (c) YAKIMA COUNTY Updated 8/8/2007 LISTED Endangered Gray wolf (Canis lupus) Threatened Bull trout (Salvelinus confluentus) — Columbia River distinct population segment Grizzly bear (Ursus arctos horribilis) Marbled murrelet (Brachyramphus marmoratus) Northern spotted owl (Strix occidentalis caurina) Spiranthes diluvialis (Ute ladies' -tresses), plant Designated Critical habitat for the northern spotted owl Critical habitat for the Columbia River distinct population segment of the bull trout CANDIDATE Fisher (Martel pennants) - West Coast distinct population segment Greater sage grouse (Centrocercus urophasianus) — Columbia Basin distmct population segment Mardon skipper (Polites mardon), butterfly Yellow billed cuckoo (Coccyzus americanus) Erigeron basalticus (Basalt daisy), plant SPECIES OF CONCERN Animals Bald eagle (Haliaeetus leucocephalus) (delisted, monitor status) Black swift (Cypseloides niger) Burrowing owl (Athene cunicularia) Ferruginous hawk (Buteo regalis) Larch Mountam salamander (Plethodon larselli) Loggerhead shrike (Lanius ludovicianus) Long-eared myosis (Myotis evotis) Northern goshawk (Accipiter gentilis) Ohve-sided flycatcher (Contopus cooperi) Pacific lamprey (Lampetra tridentata) Pallid Townsend's big -eared bat (Corynorhinus -townsendii pallescens) Peregrine falcon (Falco peregrinus) (Delisted, monitor status) Redband trout (Oncorhynchus rnykiss) River lamprey (Lampetra ayresi) Sagebrush lizard (Sceloporus graciosus) Sharptail snake (Contia tenius) Townsend's ground sqi rrel (Spermophilis townsendii) Western brook lamprey (Lampetra richardsoni) Western gray squirrel (Sciurus griseus griseus) Westslope cutthroat trout (Oncorhynchus clarki lewisi) Wolverine (Gulo gulo) Vascular Plants Astragalus columbianus (Columbia milk -vetch) Calochortus longebarbatus var. longebarbatus (Long -bearded sego lily) Castilleja cryptantha (Obscure mdian paintbrush) Cryptantha leucophaea (Gray cryptantha) Cypripedium fasciculatum (Clustered lady's-slipper) Lomatium tuberosum (Hoover's desert -parsley) Pinus albicaulis (Whitebark pine) Sisyrinchium sarmentosum (Pale blue-eyed grass) Tauschia hooveri (Hoover's tauschia) 1 Governor's Salmon Recovery Office Page 1 of 2 Tuesday, January 23 Sm.on Recovery Regions Endangered Species A-ct Status of Washington Salmon, Trout, and Steellhead Populations As of January 2007 Salmon Recovery Region Washington Coastal Puget Sound Hood Canal Lower Columbia River FS.A Status by Species Lake Ozette Sockeye listed as "threatened" March 1999 Bull Trout fisted as "threatened" November 1999 Chinook fisted as "threatened" March 1999 Bull Trout listed as "threatened" November 1999 Hood Canal summer chum Chinook listed as "threatened" March 1999 Affected Counties Wit3ain Region C:lallam All counties except Pacific All counties All counties except Kitsap, San Juan, and Island All counties All counties Chum listed as "threatened" March All counties 1999 Middle Columbia River Snake River Steelhead listed as "threatened"March 1998 Coho listed as "threatened" June 2005 All counties Bull Trout listed as "threatened" June 1998 All counties Steelhead listed as "threatened" March 1999 Bull Trout fisted as "threatened" use 1998 All counties All counties Sockeye listed as "endangered" November 1991 Spring/Summer Chinook listed as "threatened" April 1992 All counties Fall Chinook listed as "threatened" June 1992 Steelhead listed as "threatened" August 1997 Huitxrw nnvernnrwa.nov/asro/resoonsllistings.htm Sockeye do not reside m the region but use the mainstem Snake River AIL counties All counties All counties 1/23/2007 Governor's Salmon Recovery Office Upper Columbia River Bull Trout listed as "threatened" June 1998 Spring Chinook fisted as "endangered" March ic�99 Paget of 2 All counties All counties Steelheadlisted as "threatened" All counties June 2006 Northeast Wagon Bull Trout listed as "threatened" June 1998 All counties Bull Trout listed as "threatened" June 1998 All counties Governor's Home Page I Contact I Privacy Notice 1 Intended Use Copyright © 2oo5 Governor's Salmon Recovery Office httn //www sovernor wa.govigsro/regions/hstings.htm 1/23/2007 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES EVALUATION OF HOME AND CDBG PHYSICAL ACTIVITIES FOR ENDANGERED SPECIES IMPACT r 1. Project Name: MarvinGardens. 9 Part 58 Environmental Determination.: "May Effect„ 2. Community Development Project Coordinator: Archie M. Matthews, Operations Supervisor, City of Yakima Neighborhood Development Services 10. Project Street Address: 3000 thru 3100 Hathaway Ave. 3. Subgrantee. N/A 11. Project City & Zip: Yakima 98901 4. Subgrantee Contact and Phone: N/A 12. Section: 14 5. Consultant: JeffKnlpka, United States Department of the Interior Fish and Wildlife Service 13 Range: 18 6.Consultant Contact and Phone: JeffKrupka, (509)665-3508 14 Township- 13 7.Subgtantee Name & Address: N/A 15. Proximity to Water X < 300 Feet from waterbody ❑ > 300 Feet from waterbody 8 Potential Species Impact (if any): None 16. Name of Nearest Waterbody- Naches River PLEASE PROVIDE A BRIEF DESCRIPTION OF THE PHYSICAL PROJECT. FOLLOW 11.E. DIRECTIONS LIS all ON PAGE 3. The site will be accessed tbro 30th avenue, an existing city street Excavation for solremediation, water, sewer, gas and electrical utilities. Excavation and gradingwdl occur for cul-de-sac placement ofroadway, grading and excavation will occur for placement of footings and Foundations ofthe buildings as defined by Washington State department of Transportation standards for Road, Bridge and Municipal Construction Standard Specifications as adopted by the City of Yakima Storm water will be controlled during construction by approved methods by the contractor. Stockpiling of fill and substrate material will be in accordance with approved soil remediation plan and contained on site, in accordance with local clean air authority and EPA regulations. Water, sewer and other utilities will tie into existing main utilities structures in the local area Building design will be in accordance with International Code Council building requirements as adopted by the City of Yakima. BY INITIAL ANALYSIS, THIS PROJECT HAS BEEN DETERMINED TO' HAVE NO DISCI' X MAY AFFECT, a professional biological evaluation is required to determine effect. 1 SOUND READINGS DATE 5/05/05 5/05/-05 5/05/05 ENVIROMENTAL MARVIN GARDENS LOCATION West End Center East End Darnel M Lamb Senior Program Supervisor Neighborhood Development Services TIME READING 1.38 PM 47.3 DB 1 43 PM 47 1 DB 1 47 PM 49.2 DB