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HomeMy WebLinkAbout2005-043 Cottonwood Grove Subdivision Phases 3 through 7 ORDINANCE NO 2005- 43 AN ORDINANCE granting conditional preliminary plat approval for phases three through seven of the Cottonwood Grove Subdivision and conditionally approving an associated rezone and Class (2) use application. WHEREAS, the City of Yakima received a group of permit applications relating to the approval of a preliminary plat of the real property described in the attached Exhibit A (the "subject property ") known as the Cottonwood Grove Subdivision Phases Three through Seven ( "Cottonwood Grove "), and WHEREAS, included with the Cottonwood Grove preliminary plat application was an application for a rezone, Class (2) review and SEPA review, collectively known as the "Applications ", and WHEREAS, the Hearing Examiner held an open record public hearing on the Applications, after notice thereof was issued in accordance with the provisions of the Yakima Municipal Code, during which public comment and input was taken and considered, and WHEREAS, the Hearing Examiner issued recommended findings of fact, conclusions of law, and recommended conditions of approval, dated June 10, 2005 (the "Hearing Examiner's Recommendation "), a copy of which is attached hereto as Exhibit B, and WHEREAS, the Yakima City Council held a closed record open public hearing on July 19, 2005, to consider the Hearing Examiner's Recommendation, after notice duly given according to the requirements of the Yakima Municipal Code, and WHEREAS, after deliberation, the Yakima City Council adopted the Hearing Examiner's Recommendation except as modified herein, and instructed the City's legal staff to prepare an ordinance reflecting the same, and Page 1 of 3 WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Applications, and WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to enact the following; now therefore: BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this ordinance Section 2. Incorporation of Hearing Examiner's Recommendation, as Modified. The Hearing Examiner's Recommendation is accepted as modified as follows That certain provision of the Hearing Examiner's Recommendation identified as a finding of fact, item 15, page 19, stating in part that "It is felt that sidewalks on both sides of the street will provide safer walking conditions for students who walk to and from school than a path would," shall hereby be amended to become condition of approval number 23 as follows "23 The applicant shall address the need for a safe walking route for students to and from Cottonwood Elementary School by the provision of sidewalks, lighting, gates, and crosswalks, as each may be appropriate, extending westerly along the south boundary of the subject property upon the continuation of Nob Hill Boulevard to the west boundary line of the subject property and extending westerly along Midvale Road to the westerly boundary of said 'Tract B' " Together with the above modification, the Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of approval of the preliminary plat, rezone, and Class (2) use herein. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW 58 17 110 have been met. Page 2of3 Section 4. Amendment of Maps. The City of Yakima Department of Community Economic Development shall update the City of Yakima maps to reflect the change of zoning designation for the subject property pursuant to this ordinance Section 5. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 6 Publication and Effect. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 2nd day of August; 2005 ZO 1 Paul P George, Mayor ATTEST City Clerk Publication Date 8 -5 -2005 Effective Date 9 -4 -2005 Page 3 of 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No i For Meeting Of August 2, 2005 ITEM TITLE Ordinance Adoption — Cottonwood Grove Phases 3 — 7 Master Application SUBMITTED BY: ' am R. Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE. Bruce Benson, Supervising Planner 575 -6042 SUMMARY EXPLANATION On July 19, 2005 the City Council voted to modify and accept the Heanng Examiner's recommendation to approve a master apphcation preliminary subdivision, rezone and Class (2) review for property located to the south of the plat of Cottonwood Grove Phases 1 & 2 Attached for your action is the ordinance that will grant preliminary approval for this 228 lot and 2 Tract subdivision, change the zoning for approximately 32 acres of this property from R -1, Single - Family Residential to R -2, Two - Family Residential and grant Class (2) approval for the construction of common wall single - family homes within the R -1 zoning district. Resolution Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. �� V City Manager STAFF RECOMMENDATION Adopt Ordinance BOARD RECOMMENDATION Heanng Examiner recommended approval subject to conditions on June 10, 2005 COUNCIL ACTION Ordmance passed. ORDINANCE NO. 2005 -43 `RECEIVED _JUN 1 0 2005 r OF YAKIMA CITY OF YAICIMA, WASHINGTON PLANNING DIV HEARING EXAMINER'S RECOMMENDATIONS June 10, 2005 In the Matter of a Preliminary Plat, Rezone ) And Class (2) Applications Submitted by ) ) LONG PLAT #3 -04; RZ #6 -04; Cottonwood Partners, LLC ) CL (2) #27 -04; & EC #25 -04 For a 228 -Lot Subdivision of 63.5 Acres ) In Five Phases with a Rezone, Class (2) ) Review & SEPA Review to be known as ) Phases 3 to 7, Plat of Cottonwood Grove ) Introduction. The Hearing Examiner conducted a public hearing on May 26, 2005 and has issued this decision within 10 business days The staff report presented by Supervising Planner Bruce Benson recommended approval of the preliminary plat for phases 3 to 7 of Cottonwood Grove, recommended approval of a rezone of about half the area in the plat from R -1 to R -2 zoning to allow for the construction of duplexes as a Class (1) permitted use in phases 5, 6 and 7 of the proposed plat; and recommended approval of a Class (2) common wall residential use for 36 of the lots m phases 3 and 4 which are within the R -1 zoning district, all subject to conditions. The applicant's planning consultant, Mr Bill Hordan of Hordan Planning Services, provided information, answered questions, suggested that the utility easement requirement be a width of 16 feet or as otherwise specified by the utility, and requested that the penod of preliminary plat approval be longer than the three years currently specified by City ordinance of the City's ordinance is amended in the future to conform to the five -year penod specified by State law The applicant's representative, Mr Richard Hochrem, testified about histonc flood Cottonwood Partners, LLC, What the Hay, LLC 1 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04, RZ 6 -04, DOC. CL (2) #27 -04, EC 25 -04 INDEX 1 1 flows in the area, pedestrian and vehicular traffic alternatives and the reason for the respective locations of different types of housing in the proposed phases of the plat. Mr James Adams of Wagner, Luloff & Adams submmtted a letter on behalf of his clients Matt and Linda Seaman requesting that provision be made to extend the sewer line to the south line of Tract A which is shown as the most northerly tract on the prelimmary plat and which is ultimately being conveyed to them and others. The State Department of Fish and Wildlife submitted wntten comments and pictures to the effect that the diversion of Shaw Creek from its histonc location some years ago by unknown parties beginning m the vicinity of 96 Avenue should be corrected. The letter did not indicate that any public funding was available for such a project and did not convince the applicant or the Planning Division that the cause -effect nexus and proportionality analysis would allow placing that off -site improvement burden upon this applicant who did not create the problem. Mr Hordan indicated that the applicant would be willing to grant an easement so that the prospective purchasers of Tract A could extend the public sewer line to the area nearest to the line that will divide Tract A between the respective purchasers, but agreed with Mr Benson that the burden of extensive off -site improvements needed to rechannel Shaw Creek should not fairly be placed upon this applicant. These recommendations to the City Council will be based in large part upon Mr Hordan's narrative description of the proposal and Mr Benson's staff report. It is necessary to address the criteria for consideration of rezones, of Class (2) uses and of prelimmary plats in order to provide these recommendations. Summary of Recommendations. The Hearing Examiner recommends approval of this preliminary plat, approval of the rezone of phases 5 to 7 from R -1 to R -2 and approval of the Class (2) common wall residential use on some of the lots in phases 3 and 4, subject to conditions. Cottonwood Partners, LLC; What the Hay, LLC 2 Vicinity of 8900 Block of Midvale Road DOC 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, # A-A-( CL (2) #27 -04, EC 25 -04 I I Basis for Decision. Based on a view of the site with no one else present on May 25, 2005, the staff report, exhibits, testimony and other evidence presented at the open record public hearing on May 26, 2005, and a consideration of the applicable subdivision requirements, zoning requirements, comprehensive plan provisions, development standards and consistency criteria, the Hearing Examiner makes the following: FINDINGS Applicant/Property Owner. The applicant is Cottonwood Partners, LLC, P 0 Box 8353, Yakima, Washington 98908, and the property owner is What the Hay, LLC, P 0 Box 8310, Yakima, Washington 98908 Location. The proposed preliminary plat is located m the vicinity of the 8900 Block of Midvale Avenue in the City of Yakima to the south and west of the first two phases of the Plat of Cottonwood Grove; parcel nos. 181330 - 13003, 21005, 24005, 24004 and 24006 Application. This proposed preliminary plat would divide about 63.5 acres into 228 lots and 2 tracts, would include a rezone of about 32 acres comprising phases 5, 6 and 7 of the proposed plat from Single Family Residential (R -1) to Two - Family Residential (R- 2) which would thereafter allow duplexes as a Class (1) use; and would allow the Class (2) use of attached single family (common wall) residences on 10 lots within the R -1 zoning district m Phase 3 (Lots 301 through 310) and on 26 lots within the R -1 zoning distract m Phase 4 (Lots 401 through 408 and Lots 444 through 461) for a total of 36 such lots in the portion of the preliminary plat that is zoned R -1 The plat is within the City of Yakima and would include full urban services such as water, sewer and public streets with curbs, gutters and sidewalks on both sides and streetlights. As submitted this Cottonwood Partners, LLC, What the Hay, LLC 3 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 - 04, RZ 6 -04, AA -f CL (2) #27 -04, EC 25 -04 A /1 preliminary plat indicates that development may occur in five separate phases over an undetermined period of time. The City's current subdivision ordinance allows the applicant three years from the date of preliminary approval to submit the final plat. Under Section 14.20 150 of the subdivision ordinance, the applicant may request one extension of that period for a maximum penod of one year Before any phase(s) can be recorded all required infrastructure must be completed and inspected or otherwise financially secured. The Planning Division indicated that it does not object to a five -year penod being allowed to submit the final plat as is allowed by State law in RCW 58 17 140 In view of the presumption that the ordinance is valid even though it differs from State law, the Hearing Examiner will recommend that longer than three years for submission of this final plat be allowed if, and only if, the City Council amends its ordinance to so provide pnor to expiration of the three -year penod or pnor to expiration of the extension presently allowed by the ordinance. Notices. The evidence presented at the hearing indicated that all notices were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yalama Municipal Code (YMC) relating to subdivision, zoning and development regulations. They include the following: Mailing of Notice of Application & Preliminary MDNS December 28, 2004 Mailing of Notice of Final MDNS April 8, 2005 Publication of Notice of Final MDNS April 8, 2005 Posting of Land Use Action Sign on the Property April 8, 2005 Mailing of Notice of Public Hearing May 6, 2005 Publication of Notice of Public Hearing May 6, 2005 Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsigmficance (MDNS) on March 28, 2005 pursuant to WAC 197- 11- 340(2). Mitigation measures were required as follows Cottonwood Partners, LLC, What the Hay, LLC 4 Vicinity of 8900 BIock of Midvale Road D0C 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 -04, EC 25 -04 • Two points of ingress /egress are required prior to the construction of more than 30 residential units within the bounds of the area of phases 3 to 7 of the plat. Additionally, provision must be made for a street connecting this plat with the adjoining plat of Meadowview • Dust control plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority before any grading or construction. • A final binding stormwater and drainage control plan for the entire property must be submitted and approved prior to construction of improvements for any area of the development. • Flood control measures must be installed. • Cntical areas setbacks and protections for Shaw Creek are required. • A grading plan and a permit are required for the entire property prior to construction of improvements for any area of the development. The Department of Fish and Wildlife submitted a letter dated January 12, 2005 which recommended either the re -filing of SEPA to better reflect the actual environmental conditions or the issuance of a DS (Declaration of Significance) by the lead agency because of the benefits that would result from relocating Shaw Creek to its original channel. The Department also submitted a letter of April 21, 2005 with a compact disk containing text and pictures supporting its position. The evidence indicated that Shaw Creek has flooded over its banks in the past. However, it is not located on a FEMA mapped floodplam. Mr Benson's staff report aptly summarized the problems of imposing this requirement upon this applicant as follows "Several years ago Yakima County reviewed and approved the first two phases of Cottonwood Grove. It was during this earlier review that the Cottonwood Partners, LLC, What the Hay, LLC 5 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 -04 A-A -r Department of Fish & Wildlife (WDFW) first raised the degradation and occasional flooding of Shaw Creek as an issue with the County planning staff. WDFW asked that the developer be required to correct the problems of Shaw Creek before proceeding with development. The County required extensive investigation into the steps necessary to mitigate the area wide problems of Shaw Creek and determined that to accede to WDFW's request would require extensive offsite mitigation from the developer The County's review for Phases 1 and 2 was very thorough, especially with regard to the Shaw Creek issue, and apart from the fact that the channelization and flooding mitigations for Phases 1 and 2 do not specifically mention the future development of Phases 3 through 7, the application of but a slightly altered set of conditions will provide the same level of protection that currently prevails for the existing 99 lots of Cottonwood Grove. The concerns expressed by WDFW are certainly not without foundation, but by their own statements the problems they hope to solve ongmate further to the west and outside of both the City's jurisdiction and the developer's holdings. At this point WDFW has made it clear in their correspondence what they want to happen, yet they have failed to provide the City or the developers with any citation(s) or regulation(s) that must be followed. Should this be possible, it is still not too late for them to cite their regulations and authonty, but absent this there is the issue, which is perhaps not fully appreciated by WDFW, of offsite mitigations and takings. Before the City of Yakima could require this developer to stop development until Shaw Creek's problems are eliminated the City must first find that there exists both a nexus between the developer's property and WDFW's desired solution and further that their solution is proportional to this project's impacts. Given the information available, the City cannot make that finding and consequently the burden of correction cannot be required from this developer who is impacted by an area wide situation arising outside of his area of ownership and control. This developer therefore does not have a responsibility to provide offsite stream relocation, but does have the right to protect his property by passing offsite floodwater through his development. As stated earlier, to reverse the degradation of Shaw Creek by returning it to a more natural course and in so doing reduce or possibly eliminate the probability of occasional flooding in this general area is a desirable goal, but any legal, viable solution will require the coordinated actions of area landowners and the responsible government agencies." Cottonwood Partners, LLC; What the Hay, LLC 6 Vicinity of 8900 Block of Midvale Road _ 228 -Lot Plat of "Cottonwood Grove" — DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 - # //1 /� r i Since that letter was submitted, the MDNS which required mitigation measures for Shaw Creek similar to those unposed by Yakima County m 2001 for phases 1 and 2, without requiring the relocation of Shaw Creek, became final without any appeal being taken. The final MDNS mitigation measures include an unobstructed 30- foot -wide flood control channel in the vicinity of the historic flood flow paths generally along the north line of phase 5 of the plat and an easement for that channel to be shown on the preliminary plat unless and until such time that an alternate flow path is established outside the plat in the future. The MDNS requires an unobstructed critical areas building setback, vegetative buffer and easement for Shaw Creek that is either 50 feet wide on each side or is at least 25 feet wide on the northerly side and at least 75 feet wide on the southerly side where the land around the creek slopes to the south. The MDNS also requires the channel and buffer area of the creek to be restored and revegetated to a more natural form m the manner that was required for phases 1 and 2 of the plat and a note to be placed on the plat to advise purchasers of the affected lots that there are creek buffer restrictions upon those lots. In addition, the MDNS requires a grading plan that must include the proposed flood protection measures and the proposed modifications to Shaw Creek. The Department of Ecology's suggestions by letter of January 13, 2005 were partially incorporated into the MDNS by way of the buffer requirements on Shaw Creek. The suggestion m the Yakima County Public Services Department's letter of January 20, 2005 was incorporated into the MDNS by requiring a street connection to the Meadowview plat. The Department of Transportation's letter of January 7, 2005 indicated that it had no comment because no WSDOT- maintained roads are m the vicinity No other agency comments were received. No public comments were received. Zoning and Land Use of Site and Adjacent Properties. The area within the proposed phases 3 to 7 of the preliminary plat is zoned Single Family Residential (R -1) Cottonwood Partners, LLC, What the Hay, LLC 7 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, # l CL (2) #27 -04, EC 25 -04 �I L and is presently vacant land. The properties which are adjacent to said proposed phases 3 to 7 of the plat of Cottonwood Grove have the following zoning and land use characteristics Direction Zoning Land Use North R -1 Residential South R -1 Agriculture East R -1 Residential West R -1 School Jurisdiction. Section 14.20 100 of the City's subdivision ordinance provides that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the subdivision cntena listed in that section and in RCW 58 17 Section 15.23 030 of the City's zoning ordinance provides that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the rezone criteria listed in Subsection 15.23 030(E) Subsection 15 14 040(3)(e) of the City's zoning ordinance provides that applications for Class (2) uses may be referred to the Hearing Examiner for review, public comment and decision, the decision in this case bemg a recommendation to the City Council where it is part of a master application under Section 15 11 110 of the zoning ordinance. Section 1 43 080 of the YMC further delineates the jurisdiction of the Hearing Examiner in these matters. Since m this situation the recommendations regarding the rezone and the Class (2) use request will have a bearing upon the preliminary plat considerations and recommendation, the rezone criteria and Class (2) use criteria will be considered before the prelminary plat critena. Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following critena specified m Section 15.23 030 of the Urban Area Zoning Ordinance (UAZO) Cottonwood Partners, LLC; What the Hay, LLC 8 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 -04 # A A-1 1) The testimony at the public hearing' The testimony at the hearing consisted of testimony by Supervising Planner Bruce Benson and the applicant's representatives Richard Hochrem and Bill Hordan who all favored approval of the rezone request. No one at the hearing testified in opposition to any of the applicant's requests. 2) The suitability of the property for uses permitted under the proposed zoning: The property is well - suited for R -2 uses such as duplexes and densities up to 12 dwelling units per net residential acre. Common wall residential units already exist on some of the lots in the first two phases of the Plat of Cottonwood Grove to the north and east of the proposed phases. The Board of County Commissioners approved those common wall residences by Resolution 227 -2001 m May of 2001 pursuant the Hearing Examiner's recommendation to that effect. Duplexes, triplexes and multi - family units currently exist m areas to the east of the Plat of Cottonwood Grove. Since the change m the comprehensive plan designation for this plat from Low Density Residential to Moderate Density Residential, a new shopping center has been located at Tieton Dnve and 72 Avenue, and Tieton Dnve has been widened from two lanes to four lanes with a left-tum pocket to serve this property and its anticipated development. 3) Recommendations from interested agencies and departments As previously noted, the Department of Fish and Wildlife recommended that approval be conditioned upon relocating the Shaw Creek channel to its original location which would require off -site improvements west of the proposed preliminary plat to remedy a situation that was not caused by the proposed development on this property All of the evidence provided at the hearing was to the effect that the necessary off -site improvements for such an undertaking were not the responsibility of the applicant under the nexus and proportionality parameters established by applicable court decisions and that no known public funding sources have been procured for such an undertaking. Additionally, as previously noted, the Department of Ecology's suggestions were partially incorporated into the MDNS by way of the buffer requirements for Shaw Creek. The suggestion of Cottonwood Partners, LLC; What the Hay, LLC 9 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04, RZ 6 -04, DOG CL (2) #27 -04, EC 25 -04 INDEX # / —A J I � the Yakima County Public Services Department was incorporated into the MDNS by requiring a street connection to the Meadowview plat, which was also suggested by the City's Engineenng Division. The Department of Transportation indicated that it had no comment and no other agency comments were received. The City's Water Division indicated that Nob Hill Water Company will provide all domestic water for this subdivision. The Building Codes Division assigned an address for each lot that should be shown on the face of the plat. No public comments were received. 4) The extent to which the proposed rezone is in compliance with and/or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) This rezone request complies with the amendment to the comprehensive plan approved in March of 2001 under File No CPA 9 -00 which changed the designation of the property in proposed phases 3 to 7 from Low Density Residential to Moderate Density Residential. The Future Land Use Map to Zoning Map Consistency Chart, Figure III-3, indicates that the Two - Family Residential (R -2) zoning district is considered compatible with the Moderate Density Residential plan designation. The proposed rezone would be in compliance with goals, objectives and policies of the comprehensive plan listed in the General Development, Public Services, Commercial Development, Land Use, Transportation, Utilities and Capital Facilities elements of the plan. b) The Zoning Ordinance Subsection 15 03 030(2) of the Yakima Urban Area Zoning Ordinance states that the purpose of the R -1 zoning district is to establish and preserve residential neighborhoods for detached single- family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; and also to locate moderate - density residential development, of up to seven dwelling units per net residential acre, in areas served by public water and sewer Subsection 15 03 030(3) of the zoning ordinance states that the purpose of the R -2 zone is to expand upon the purpose of the R -1 zone by permitting duplexes as well as single - Cottonwood Partners, LLC; What the Hay, LLC 10 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 - 04, EC 25 -04 # /� A 1 � family residences at densities of up to twelve dwelling units per net residential acre. The proposed rezone of some of the property to R -2 would tugger the applicability of specific standards for that zoning district by way of mmunum lot size, maximum lot coverage, muumum building setbacks, requisite parking, maximum building height and requisite sight screening. The intent of the zoning ordinance would be preserved by the fact that applicable development standards for the respective R -1 and R -2 zoning districts within the plat would be satisfied unless adjustments were to be approved following the prescribed public notice and comment requirements. 5) The adequacy of public facilities such as roads, sewer, water and other required public services- The property is currently served by all necessary public facilities and services. Tieton Drive is a minor artenal street that can be accessed from the internal road network of all seven phases. Additional access will be provided by way of a connection with Westbrook Road on the east and/or Nob Hill Boulevard on the south and possibly other streets m the future. The property can be served with all other infrastructure such as domestic water, sanitary sewer, natural gas, electricity, telephone, cable TV and any other needed utilities. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses. This proposal is a continuation of the first two phases of the Plat of Cottonwood Grove. They contain a mixture of single- family residences and common wall attached residences which are compatible with the same uses proposed for phases 3 to 7 The general area also contains a mixture of housing types and styles which are also compatible with the proposed uses In addition, the proposal abuts extensive buffering along Shaw Creek on the north and the first two phases of Cottonwood Grove. There are outdoor playfields for Cottonwood Elementary School on the west that serve as a large buffer from the school. The proposal abuts parcels on the south that are either owned by the applicant or are large vacant parcels. These properties are outside the Yakima Urban area, but are within Yakima County's Urban Reserve Area where future urban growth is Cottonwood Partners, LLC, What the Hay, LLC 11 Vicinity of 8900 Block of Midvale Road DOC' 228 -Lot Plat of "Cottonwood Grove" INDEX LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 -04, EC 25 -04 — I � I expected. Adjoining phases 3 and 4 abut large parcels on the east that contain smgle- family residences on large acreages. Besides the buffering provided by the distance between uses to the east, lots along the east side of the plat have been made large, 10,000 square feet, to promote compatibility with the uses to the east as well. 7) The public need for the proposed change. The evidence submitted at the hearing established the need for additional R -2 zoning m West Valley to provide affordable housing and rental housing in the vicnuty of shopping centers east of the proposed plat. Most of the R -2 zoning in the area is either built -out or lacking sewer lines for sewer service. Class (2) Use Criteria. Section 15 11 110 of the Urban Area Zoning Ordinance (UAZO) provides that where, as here, any of the required approvals of a master application constitute a recommendation to the City Council, any decision of the Hearing Exammer as to any such approvals shall also constitute a recommendation to the City Council. Since the Hearing Examiner is making a recommendation to the City Council relative to the rezone and the prelm.inary plat, the decision relative to the Class (2) common wall residential use also constitutes a recommendation to the City Council in this context. However, the criteria for consideration of Class (2) uses remain the same. Those critena listed in Subsection 15 14 040(5) of the UAZO are identical to the criteria for consideration of Class (3) uses listed in Subsection 15 15 040(5) of the UAZO Although the criteria for consideration of Class (2) uses are identical to the critena for consideration of Class (3) uses when Class (2) use applications are referred to the Hearing Examiner for Class (3) review through the public hearing process under Subsection 15 15 040(3)(e), Subsection 15 15 040(4) or Section 15 11 110 of the zoning ordiance, there is one major difference The Hearing Examiner will take into account the legislative pronouncement of the City Council when it classified the uses in Tables 4 -1 and 4 -2 and declared that "Class (2) uses are generally permitted in the district" Cottonwood Partners, LLC, What the Hay, LLC 12 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX( CL (2) #27 -04, EC 25 -04 # A ^ (Subsection 15 04 020(2)) and that "Class (3) uses are generally not permitted in a particular district" (Subsection 15 04 020(3)). In this case, the request is for approval of uses that are generally permitted in the R -1 zoning district. 1. Compliance and Compatibility with the Objectives and Development Standards of the Comprehensive Plan. The proposed common wall residential uses would be located within phases 3 and 4 of the proposed preliminary plat which are designated as Low Density Residential by the comprehensive plan. Low density residential uses are primarily single - family detached residences, but may include duplexes or other similar structures with a density of less than 7 umts per net residential acre. Common wall residences are similar to a duplex except that each of the two attached common wall residences is located on its own individual lot while both units of a duplex are located on the same lot. The density of phase 3 with the common wall units would be 4.9 units per net residential acre and the density of phase 4 with the common wall units would be 6 06 units per net residential acre. The combined density of both phases would be 5 46 units per net residential acre, which is m compliance and compatible with the objectives and development standards of the comprehensive plan. The proposed attached common wall residences would also be in compliance and compatible with general concepts in the comprehensive plan and the Growth Management Act which include encouraging urban level development in areas where adequate public services can be provided and providing for a variety of housing opportunities. Common wall units were found to be in compliance and compatible with Yakima County's comprehensive plan when they were approved for phases 1 and 2 of the plat in 2001 The common wall units now proposed would be in a location that continues the existing theme for the Cottonwood Grove development to provide such units m areas that will be compatible with the neighborhood. 2. Compliance and Compatibility with the Intent and Character of the Single - Family Residential (R -1) Zoning District. The Urban Area Zoning Ordinance (UAZO) Cottonwood Partners, LLC, What the Hay, LLC 13 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 -04 # Al i 1 table of permitted land uses provides that attached common wall residences are Class (2) uses in the R -1 zoning district. As previously noted, Subsection 15 04 020(2) of the UAZO states that Class (2) uses are generally permitted in the district. The proposed uses comply with and are compatible with the intent of the R -1 zone expressed m Subsection 15 03 030(2)(b) which states that the R -1 zoning district is "intended to Locate moderate - density residential development, up to seven units per net residential acre, m areas served by public water and sewer " The proposed common wall residences are also m compliance and compatible with the character of the R -1 zoning distnct. The existing common wall residences in phases 1 and 2 along South 88 Avenue and the proposed row of common wall lots in phases 3 and 4 along South 88 Avenue, which is constructed to an urban collector standard, abut property to the west that is designated Moderate Density Residential and is here recommended for a rezone to R -2. An urban collector street is less desirable for detached single - family residential uses than common wall residential uses. Common wall residences are similar to the duplexes that would be located to the west. The balance of the proposed common wall residences at the south edge of phase 4 will have backyards that face Nob Hill Boulevard. Nob Hill Boulevard will eventually become an urban arterial which is also less desirable for detached single - family residential uses Property to the south of this proposed row of common wall residences is also owned by the applicant and is outside the Yakima Urban Area. The property will probably remain in alfalfa until it is platted, at which time common wall units will probably be proposed along the south side of Nob Hill Boulevard as well. As such, compatibility with the neighborhood is insured by placing all of the common wall residences within the interior of the proposed plat or adjacent to property owned by the developer Until other traffic connections are made, traffic from this development will not pass through any existing neighborhood other than its own. Several duplex and common wall developments similar to this proposal have been approved in the West Valley area smce the adoption of the Urban Area Comprehensive Plan and Zoning Cottonwood Partners, LLC, What the Hay, LLC 14 DOC Vicinity of 8900 Block of Midvale Road INDEX 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 - 04, RZ 6 -04, CL (2) #27 -04, EC 25 -04 Ordinance. 3. Compliance with the Provisions and Standards Established in the Zoning Ordinance. The common wall residential lots will range in size from 5,200 to 5,875 square feet in size. They will have direct access to abutting streets by way of shared driveways. Each unit will have a two -car garage and two parking spaces m front of the garage. The footprint of the residences will generally be 36 feet by 36 feet, which is about 1,300 square feet in size. A patio expected to be 10 feet by 10 feet m size is also planned for each residence. A typical individual lot will have lot coverage of about 37 per cent. The proposed lots can accommodate larger units and, in most cases, larger units will be constructed. Whatever sizes and designs of common wall residential units are finally constructed on the lots, it is anticipated that they will comply with all the provisions and standards for common wall residences such as lot size, parking spaces, height limitation, setbacks and other applicable requirements without any known need at this time for any administrative adjustments. Preliminary Plat Review Criteria. Section 14.20 100 of the YMC provides that the Hearing Examiner shall review a proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied. 1) Subsection 14.20.100(1) — Consistency with the provisions of the City's Urban Area Zoning Ordinance: Subsections 15 03 030(2) and (3) of the Urban Area Zoning Ordinance indicate that the purpose of both the One - Family Residential (R -1) and Two - Family Residential (R -2) zoning districts is to estabhsh and preserve residential neighborhoods for detached single - family dwellmgs and other uses compatible with the intent of those districts. The main difference between the two districts is that the R -2 zoning district is also intended for duplexes and for densities exceeding seven dwelling units per net residential acre. The proposed plat contains lot sizes ranging from 5,200 square feet to 24,200 square feet. All of the lots exceed the minimum lot size required Cottonwood Partners, LLC, What the Hay, LLC 15 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 -04 # 1 ) for single - family and common wall residences m the R -1 zoning distract and for duplexes in the R -2 zoning district. The proposed plat is consistent with the densities and other provisions in the zoning ordmance applicable to the R -1 and R -2 zoning distracts. As previously noted, comments provided at the Development Services Team meeting on September 29, 2004 from the Water Division indicated that the Nob Hill Water Company would provide all domestic water for the subdivision and the Building Codes Division assigned addresses to the lots that should be shown on the plat. The Engineering Division recommended the planned street connection with the Meadowview plat. 2) Subsection 14.20.100(2) — Consistency with the provisions of the Comprehensive Plan. The City's Future Land Use Map and Comprehensive Plan designate phases 3 and 4 of the proposed plat as suitable for Low Density Residential development and phases 5, 6 and 7 of the proposed plat as suitable for Medium Density Residential development. This proposed plat is consistent with those respective designations where they are proposed within the plat and is also consistent with other provisions of the comprehensive plan that encourage a mixture of housing types and densities, promote infilling, recognize the need for public sewer and water, encourage disposal of surface drainage on -site and encourage development consistent with the general land use pattern in the area. 3) Subsection 14.20.100(3) — Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance" As proposed, this plat meets all the design requirements m Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the conditions of this recommendation are intended to further ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. 4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health, safety and general welfare: The construction of new residential units which will complement adjacent uses will promote the public health, safety and general welfare. Cottonwood Partners, LLC; What the Hay, LLC 16 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04, RZ 6 -04, DOC CL (2) #27 -04, EC 25 -04 INDEX 1 � There is a need m this community for the types of residences proposed for this plat. Bemg able to see the types of residences which have already been constructed in phases 1 and 2 of this plat makes it easier for one to anticipate that phases 3 through 7 of the plat will also provide various types of quality housing for the West Valley area. 5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces The proposed lots are larger than minimum sizes that could be approved for various types of dwelling units m the R -1 and R -2 zoning distncts. Lot coverages of less than 45% in the R -1 zoning district and of less than 50% in the R -2 zoning district will provide light and air for future residents in accordance with the standards in the zoning ordinance. There will be buffers on both sides of Shaw Creek. Streets will have sidewalks on both sides and there will be a variety of lot sizes, particularly in phases 3 and 4 No additional open spaces are recommended or deemed necessary 6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways Drainage of individual lots will be provided on -site at the time of construction. The SEPA MDNS requires that a final binding stormwater and drainage control plan for the entire property must be developed by a licensed professional engineer in consultation with the City Engineer prior to construction of any area of the development. Detailed requirements are set forth for the plan and the applicant is required to comply with all applicable local, State and federal requirements 7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways. At the present time access to the proposed plat is from Tieton Drive through the existing street network of phases I and 2. A Traffic Capacity Analysis was completed which indicated that this development will not exceed the PM peak hour capacity of the city artenal street system and that reserve capacity exists on all streets impacted by this development. The MDNS requires that the public street network for Cottonwood Grove connect with the public street providing access through the plat of Meadowview located immediately to the east. The MDNS also requires a second pomt Cottonwood Partners, LLC; What the Hay, LLC 17 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 - 04, INDEX CL (2) #27 -04, EC 25 -04 ^ I I of access be provided before more than 30 dwelling units are constructed m order to comply with Appendix D of the International Fire Code. The second access may be provided by way of the connection of the street network with the street through the plat of Meadowview, by extending Nob Hill Boulevard west from South 80 Avenue to the street system m the plat, by extending Midvale Road west from South 80 Avenue to the street system m the plat, by extending Wide Hollow Road north to the street system in the plat or by any other method approved by the Fire Marshall. The interior streets within phases 3 to 7 of the proposed preliminary plat will be constructed in accordance with the City's standards and requirements. The proposed plat therefore makes appropriate provisions for streets. 8) Subsection 14.2O.100(4)(e) — Appropriate provisions for transit stops Transit service to the proposed plat would be provided by bus route number 1, Summitview/Lmcoln, and bus route number 8, Lincoln/Summitview 9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water supplies, irrigation and other water suppliers- An adequate water supply m this area is available from Nob Hill Water Company 10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste disposal: There are appropriate provisions for sanitary waste disposal because there are already within the area sewer mains capable of handling the demands of this development. 11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and recreation. The proposed phases 3 to 7 of this plat are about one mile driving distance from the West Valley Neighborhood Park. Appropriate provisions are made for parks and recreation without the need for an internal park. Cottonwood Partners, LLC, What the Hay, LLC 18 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 - 04, INDEX CL (2) #27 -04, EC 25 -04 n v I 12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds The playground at Cottonwood Elementary School abuts this proposed plat on the west and no additional playground area within the plat is recommended or deemed necessary 13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and school grounds. Cottonwood Elementary School abuts the proposed plat on the west. No comments were received from the School District to suggest the need for an additional school at this location. 14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks Since the proposed plat will have sidewalks on both sides of the streets in accordance with City standards, the proposed plat will make appropriate provisions for sidewalks. 15) Subsection 14.20.100(4)0) — Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school. Ongmally a paved walking path was proposed within the plat which led to the Cottonwood Elementary School. However, because such paths can create concerns for the safety of children using them, the school district asked that that feature be eliminated from the proposed plat. It is felt that sidewalks on both sides of the streets will provide safer walking conditions for students who walk to and from school than a path would. 16) Subsection 14.20.100(5) — Public use and interest: The proposed plat is consistent with neighboring land uses and better serves the needs of the Urban Growth Area than continued agricultural use. Based on the standards discussed above, it is apparent that the public use and interest will m fact be served by the proposed plat. It complies with the City's Urban Area Zoning Ordmance, Comprehensive Plan and Subdivision Ordinance. It makes appropnate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, Cottonwood Partners, LLC; What the Hay, LLC 19 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 -04 # n playgrounds, schools or separate walking paths to school are neither recommended nor deemed appropnate. Consistency Analysis under Subsection 16.06.020(3) of the Yakima Municipal Code. The following analysis involves the application's consistency with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re- examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. a) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the regulations of the zoning ordinance, subdivision ordmance, building codes and other applicable regulations. b) The level of development (lot size, contemplated density) of the portion of the proposed plat within the One - Family Residential (R -1) zoning distnct will not exceed the allowable limit in that district and the level of development of the portion of the proposed plat within the Two - Family Residential (R -2) zoning district will not exceed the allowable limit in that district. c) 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 plat. d) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed plat which have Cottonwood Partners, LLC, What the Hay, LLC 20 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 -04 # 4-A-( Y _ been discussed m detail above. With appropriate conditions, the proposed preliminary plat, including the proposed rezone of about one -half the property from the R -1 to the R -2 zone and the proposed construction of common wall residences on some of the lots m the R -1 zone, will be consistent with the development standards of applicable City ordinances. CONCLUSIONS 1 The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a prelimmary plat pursuant to Section 14.20 100 of the subdivision ordinance; the approval of a rezone pursuant to Section 15.23 030 of the zoning ordinance; and the approval of a Class (2) use as part of a master application pursuant to Subsection 15 14 040(3)(e) and Section 15 11 110 of the zoning ordinance. 2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this project on April 8, 2005 and was not appealed withm the time penod for an appeal which expired on April 25, 2005 3 The evidence submitted satisfies all seven of the criteria required for approval of the proposed rezone of the area within phases 5, 6 and 7 of the proposed preliminary plat from the R -1 zoning district to the R -2 zoning district, subject to the conditions detailed below 4 The evidence submitted satisfies all three of the criteria required for approval of the proposed Class (2) common wall residential use for the lots specified for such use in the R -1 zoning district withm phases 3 and 4 of the proposed prelimmary plat, subject to the conditions detailed below Cottonwood Partners, LLC, What the Hay, LLC 21 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 - # / 5 The proposed phases 3 to 7 of the preliminary plat of Cottonwood Grove, with the conditions detailed below, are m compliance with the City's zoning ordinance, subdivision ordinance and comprehensive plan, make appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks, and, according to the weight of the evidence presented at the hearing, do not require that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who only walk to and from school. 6 The proposed prelmvnary plat, rezone and Class (2) use are m compliance with the consistency requirements of Subsection 16 06 020(B) of the YMC RECOMMENDATIONS The Hearing Examiner recommends to the Yakima City Council that (i) the proposed 228 -lot preliminary plat of phases 3 to 7 of the Plat of Cottonwood Grove; (ii) the requested rezone of the area within phases 5, 6 and 7 of said proposed preliminary plat from R -1 to R -2, and (iii) the requested Class (2) common wall residential use for Lots 301 to 310, Lots 401 to 408 and Lots 444 to 461 in phases 3 and 4 of the proposed preliminary plat all be APPROVED m accordance with the details described m the application and in the related documents which are assigned file numbers LONG PLAT #3 -04, RZ #6 -04, CL (2) #27 -04 and EC #25 -04, subject to compliance with the following conditions Cottonwood Partners, LLC; What the Hay, LLC 22 Vicinity of 8900 Block of Midvale Road DOG. 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25 -04 n � 1 Prior to final plat approval the interior streets shall be engineered, constructed and approved according to the standards and requirements of the City Engineer and YMC Title 12. 2. All lots shall be served with public water from the Nob Hill Water Company No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Building Codes and Planning Division mdicating that all construction required to provide each lot with domestic water has been completed and the fees paid. 3 All lots shall be provided with public sewer service according to YMC Title 12 standards. No individual septic systems or other sewage disposal methods will be allowed. Prior to final plat approval wntten verification from the City of Yakima Engineering Department must be provided to the Building Codes and Planning Division mdicatmg that all sewer extensions have been completed or financially secured. 4 A minimum 8- foot -wide public utility easement must be provided adjacent to all public road nghts -of -way 5 The width of all easements for buried utilities must be at least twice the depth of the planned excavation, and all easements for new and/or future utilities shall be 16 feet in width or as otherwise specified by the utihty provider 6 All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures 7 All public and private utilities to be located within public road nghts -of -way must be constructed prior to the start of road construction. 8. Fire hydrants shall be placed at the locations specified by the Building Codes and Planning Division and Yakima Fire Department. All lots must be provided with adequate fire flow 9 Irrigation easements, if any are required, shall be provided as specified by the Yakima Valley Canal Company 10 After making provision for the interconnection of the road network within this plat and the neighboring Plat of Meadowview, the final plat shall substantially conform to the preliminary plat, but shall incorporate the requirements of the MDNS and any modifications of the preliminary plat required by the City Council. Cottonwood Partners, LLC, What the Hay, LLC 23 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC• PRE LONG PLAT #3 -04, RZ 6 - 04, INDEX CL (2) #27 -04, EC 25 -04 11 All permits required by the Yakima Regional Clean Air Authonty shall be obtained. The developer shall designate a responsible party to serve as a contact person during working hours for suspected air quality violations. 12 The developer shall contact the State Department of Ecology to determine if a baseline general permit for stormwater discharges will be necessary for this development. Application shall be made at least 30 days prior to the start of construction. 13 A final binding stormwater and drainage control plan for the entire property, including the installation of flood control measures, shall be submitted and approved prior to construction of improvements for any area of the development. 14 Critical areas setbacks for Shaw Creek must be observed. 15 A grading plan and permit for the entire property is required prior to construction of improvements for any area of the development. 16 Erosion control methods such as temporary ponding, silt fencing, etc. must be in place prior to clearing, grading or construction. 17 All addresses shall be as specified by the Building Codes Division and all addresses must be clearly shown on the face of the final plat. 18 Two points of emergency ingress /egress must be provided pnor to the construction of more than 30 residential units in any portion of the area within phases 3 to 7 of the plat. 19 This plat shall be subject to the following notes, which must be placed on the face of the plat: a. The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes and Planning Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. b The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on- site. Cottonwood Partners, LLC; What the Hay, LLC 24 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DEC. PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27-04, EC 25 -04 # AA- 1 20 The applicant must comply with all of the requirements of the Mitigated Declaration of Nonsignificance 21 The applicant shall grant an easement that will enable the prospective purchasers of Tract A (the Seamans and the Radkes) to be able to extend the public sewer line at those purchasers' expense to the south boundary of that tract between whichever of the applicant's two lots will be closest to the line that will divide the ownership of that tract between the respective purchasers. 22 Relative to the period of time allowed for submission of the apphcant's final plat after approval of this preliminary plat, the applicant shall have the longer period of time and the increased number of extensions that may become available m the future as a result of any future amendments to the City's subdivision ordinance that may be adopted prior to the expiration of the three -year period or prior to the expiration of the extension currently allowed by the City's existing subdivision ordinance. DATED this 10 day of June, 2005 Gary M. Cuillier, Hearing Examiner Cottonwood Partners, LLC, What the Hay, LLC 25 Vicinity of 8900 BIock of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 - 04, EC 25 -04 # A-1 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2005 -43 Rezone / 8900 block Midvale Road Grantor City of Yakima Grantee Cottonwood Partners, LLC / What the Hay, LLC LEGAL DESCRIPTION: The Southwest Quarter of the Northeast Quarter of Section 30, Township 13 North, Range 18 East, W.M., except the north 273 00 feet thereof; Together with the Southeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., except the west 528.50 feet thereof; Together with the north 80 00 feet of the west 528.50 feet of the Southeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., Together with the west 10 00 feet of the West Half of the Northeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., except the north 30 00 feet thereof for road, and Together with the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M. PARCEL NUM; ERS: 181330- 13003, 21005, 24005, 24004, and 24006 1111111111 1111 I I II 75877 Pa 1 of 31 8 6/87/2887 10 55R CITY OF YRKIMR - CODES DI ORD !62 88 Yakima Co, WR ORDINANCE NO. 2005- 43 AN ORDINANCE granting conditional preliminary plat approval for phases three through seven of the Cottonwood Grove Subdivision and conditionally approving an associated rezone and Class (2) use application. WHEREAS, the City of Yakima received a group of permit applications relating to the approval of a preliminary plat of the real property described in the attached Exhibit A (the "subject property ") known as the Cottonwood Grove Subdivision Phases Three through Seven ( "Cottonwood Grove "), and WHEREAS, included with the Cottonwood Grove preliminary plat application was an application for a rezone, Class (2) review and SEPA review, collectively known as the "Applications ", and WHEREAS, the Hearing Examiner held an open record public hearing on the Applications, after notice thereof was issued m accordance with the provisions of the Yakima Municipal Code, during which public comment and input was taken and considered, and WHEREAS, the Hearing Examiner issued recommended findings of fact, conclusions of law, and recommended conditions of approval, dated June 10, 2005 (the "Hearing Examiner's Recommendation "), a copy of which is attached hereto as Exhibit B, and WHEREAS, the Yakima City Council held a closed record open public hearing on July 19, 2005, to consider the Hearing Examiner's Recommendation, after notice duly given according to the requirements of the Yakima Municipal Code, and WHEREAS, after deliberation, the Yakima City Council adopted the Hearing Examiner's Recommendation except as modified herein, and instructed the City's legal staff to prepare an ordinance reflecting the same, and Page 1 ( 1111111101 111 1 11 1 1 1 11 1111 1 11111 7565877 Page 2 of 31 0616712007 18 55A CITY OF YAKIMA - CODES DI ORO $S2 SO Yakima Co, WA WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Applications, and WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to enact the following, now therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Incorporation of Recitals. The above recitals are hereby incorporated into this ordinance. Section 2. Incorporation of Hearing Examiner's Recommendation, as Modified. The Hearing Examiner's Recommendation is accepted as modified as follows That certain provision of the Hearing Examiner's Recommendation identified as a finding of fact, item 15, page 19, stating in part that "It is felt that sidewalks on both sides of the street will provide safer walking conditions for students who walk to and from school than a path would," shall hereby be amended to become condition of approval number 23 as follows. "23 The applicant shall address the need for a safe walking route for students to and from Cottonwood Elementary School by the provision of sidewalks, lighting, gates, and crosswalks, as each may be appropriate, extending westerly along the south boundary of the subject property upon the continuation of Nob Hill Boulevard to the west boundary line of the subject property and extending westerly along Midvale Road to the westerly boundary of said 'Tract B' " Together with the above modification, the Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of . approval of the prehminary plat, rezone, and Class (2) use herein. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW 58 17 110 have been met. Page 11111 111 11 1 I 111 M 1111 111111 01 p 756587 f 31 9 6610712097 19 55A CITY OF YAKIMA - CODES DI OR D $S2 99 Yakima Co, WA Section 4. Amendment of Maps. The City of Yakima Department of Community Economic Development shall update the City of Yakima maps to reflect the change of zoning designation for the subject property pursuant to this ordinance Section 5 Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 6 Publication and Effect. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 2nd day of August; 2005 Paul P George, Mayor ATTEST K Oft-.2,--- ge- City Clerk Publication Date 8 -5 -2005 Effective Date' 9-4 -2005 Certified to be a true and correct copy of the original filed in my office L(._("7 - 577 CITY CLERK .IAKI/14 By a Mims �.. _ 4 0 �* ° '+ * ( S EAT ° N G � Page 3 7565877 Page 4 of 31 CITY OF YAKIMA - CODES DI ORD $62 &S 06/07/2007 Yakima Co, WA 55A EXHIBIT A LEGAL DESCRIPTION The Southwest Quarter of the Northeast Quarter of Section 30, Township 13 North, Range 18 East, W.M., except the north 273 00 feet thereof; Together with the Southeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., except the west 528 50 feet thereof; Together with the north 80 00 feet of the west 528 50 feet of the Southeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., Together with the west 10 00 feet of the West Half of the Northeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., except the north 30 00 feet thereof for road, and Together with the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M. 7565877 Page 5 of 31 06/87/2007 18 55A CITY OF YAKIMA • CODES DI ORD $62 00 Yakima Co, WA EXHIBIT "B" 311 s s -- __— __ , TAO C ._ +.�. - � 111 �- - tN1Y1 — - p E �Y 11005 ` C 21002 EY 1.a_ ...=.....-' ` 1 22405 11111”111111 'Nemo tei il 44 * Til ' I _. - 1111 . i 22009 21005 .r. 41401 tow J t NE, 1 12404 • 11021 ; 11020 i 22404 7m10 ...x » .. Eat SidJ•l 1i a ) , A t. `112. S �t��'.1!1 "� t:7..i."'`r 14401 11410 I ._. j 14002 5 f f 24004 t a J .. u....._..,._.,, .'---.-... .. 140 2 t f f i 22003 1 p y 24005 140E F 24005 � , M i ofo i 41400 4,011 1 s t 42001 . 1 - 31001 1 31002 71003 .e..e,.a... ....... Mao lee..Hd 1 3 OF YABIMA, WASHINGTON Notified Property i FILE NO- RZ6-04, EC25-04, CL2 -27-04 & LNGPLT3-04 Owners within 500 Ft APPLICANT WHAT THE HAY, LLC Subject Site I REQUEST PREL LONG PLAT, REZONE, ENVIRONMENTAL i REVIEW & SUBDIVISION DEVELOPMENT 'e I t I . 1,� i LOCATION VICINITY OF 8900 BLOCK MIDVALE RD. • PARCEL NUMBER(S):18133021005 18133024004 18133024006 133ky�41;Q 0f + "S .o t ` � . I 0 300 600 0 U k. 09/14/04 09/74/04 X1 II M111111 11 1111 II 11 111 7585877 Page 6 of 31 0610712007 10 55A C ITY OF YRKIMR - CODES DI ORD $62 00 Yakima Co, WA 'RECEIVED 'uN 1 0 2005 CITY OF YAKIMA, WASHINGTON PLA OF DIVV BEARING EXAMINER'S REC®NIMENDATI ®NS June 10, 2005 In the Matter of a Preliminary Plat, Rezone ) And Class (2) Applications Submitted by: ) ) LONG PLAT #3 -04; RZ #6 -04; Cottonwood Partners, LLC ) CL (2) #27 -04; & EC #25 -04 ) For a 228 -Lot Subdivision of 63.5 Acres ) In Five Phases with a Rezone, Class (2) ) Review & SEPA Review to be known as ) Phases 3 to 7, Plat of Cottonwood Grove ) Introduction. The Hearing Examiner conducted a public hearing on May 26, 2005 and has issued this decision within 10 business days The staff report presented by Supervising Planner Bruce Benson recommended approval of the preliminary plat for phases 3 to 7 of Cottonwood Grove; recommended approval of a rezone of about half the area m the plat from R -1 to R -2 zoning to allow for the construction of duplexes as a Class (1) permitted use m phases 5, 6 and 7 of the proposed plat; and recommended approval of a Class (2) common wall residential use for 36 of the lots m phases 3 and 4 which are within the R -1 zoning distract, all subject to conditions. The applicant's planning consultant, Mr Bill Hordan of Hordan Planning Services, provided information, answered questions, suggested that the utility easement requirement be a width of 16 feet or as otherwise specified by the utility, and requested that the period of preliminary plat approval be longer than the three years currently specified by City ordinance if the City's ordinance is amended in the future to conform to the five -year period specified by State law The apphcant's representative, Mr Richard Hochrem, testified about histonc flood Cottonwood Partners, LLC; What the Hay, LLC 1 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04, RZ 6 -04, DOC, CL (2) #27 -04, EC 25 - INDEX n j 111 1111 HI 7565877 Page 7 of 31 86/07/2007 18 55A CITY OF YAKIMA - c ni non too op v.t,;M. r" no flows in the area, pedestrian and vehicular traffic alternatives and the reason for the respective locations of different types of housing in the proposed phases of the plat. Mr James Adams of Wagner, Luloff & Adams submitted a letter on behalf of his clients Matt and Linda Seaman requesting that provision be made to extend the sewer line to the south line of Tract A which is shown as the most northerly tract on the preliminary plat and which is ultimately being conveyed to them and others. The State Department of Fish and Wildlife submitted wntten comments and pictures to the effect that the diversion of Shaw Creek from its histonc location some years ago by unknown parties beginning m the vicinity of 96 Avenue should be corrected. The letter did not indicate that any public funding was available for such a project and did not convince the applicant or the Planning Division that the cause -effect nexus and proportionality analysis would allow placing that off -site improvement burden upon this applicant who did not create the problem. Mr Hordan indicated that the applicant would be willing to grant an easement so that the prospective purchasers of Tract A could extend the public sewer line to the area nearest to the line that will divide Tract A between the respective purchasers, but agreed with Mr Benson that the burden of extensive off -site miprovements needed to rechannel Shaw Creek should not fairly be placed upon this applicant. These recommendations to the City Council will be based in large part upon Mr Hordan's narrative descnption of the proposal and Mr Benson's staff report. It is necessary to address the criteria for consideration of rezones, of Class (2) uses and of preliminary plats m order to provide these recommendations. Summary of Recommendations. The Hearing Exammer recommends approval of this preliminary plat, approval of the rezone of phases 5 to 7 from R -1 to R -2 and approval of the Class (2) common wall residential use on some of the lots m phases 3 and 4, subject to conditions Cottonwood Partners, LLC, What the Hay, LLC 2 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04 RZ 6 -04, CL (2) #27 -04; EC 25 -04 - 7565877 Page 8 of 31 CITY OF YAKIMA - COMA, nt nRn tai ma V. m. O SSA Basis for Decision. Based on a view of the site with no one else present on May 25, 2005, the staff report, exhibits, testimony and other evidence presented at the open record public hearing on May 26, 2005, and a consideration of the applicable subdivision requirements, zoning requirements, comprehensive plan provisions, development standards and consistency criteria, the Hearing Exammer makes the following: FINDINGS Applicant/Property Owner. The apphcant is Cottonwood Partners, LLC, P 0 Box 8353, Yakima, Washington 98908, and the property owner is What the Hay, LLC, P 0 Box 8310, Yakuna, Washington 98908 Location. The proposed preliminary plat is located in the vicuuty of the 8900 Block of Midvale Avenue in the City of Yakima to the south and west of the first two phases of the Plat of Cottonwood Grove; parcel nos. 181330- 13003, 21005, 24005, 24004 and 24006 Application. This proposed preliminary plat would divide about 63.5 acres into 228 lots and 2 tracts, would include a rezone of about 32 acres compnsing phases 5, 6 and 7 of the proposed plat from Single Family Residential (R -1) to Two-Family Residential (R- 2) which would thereafter allow duplexes as a Class (1) use; and would allow the Class (2) use of attached single family (common wall) residences on 10 lots within the R -1 zoning district in Phase 3 (Lots 301 through 310) and on 26 lots within the R -1 zoning district in Phase 4 (Lots 401 through 408 and Lots 444 through 461) for a total of 36 such lots in the portion of the preliminary plat that is zoned R -1 The plat is within the City of Yakima and would include full urban services such as water, sewer and public streets with curbs, gutters and sidewalks on both sides and streetlights. As submitted this Cottonwood Partners, LLC, What the Hay, LLC 3 Vicinity of 8900 Block of Midvale Road DOC 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 -04 EC 25 -04 l# A-11-1 I 111111 11111 11111 1111111 1111 111111 11111 111 111 7565877 Page 9 3 31 CITY OF YRKIMR - CODES DI ORD $S2 00 Yaki a WA 55R preliminary plat indicates that development may occur m five separate phases over an undetermined period of time. The City's current subdivision ordinance allows the applicant three years from the date of preliminary approval to submit the final plat. Under Section 14.20 150 of the subdivision ordinance, the applicant may request one extension of that period for a maximum period of one year Before any phase(s) can be recorded all required infrastructure must be completed and inspected or otherwise financially secured. The Planning Division indicated that it does not object to a five -year period being allowed to submit the final plat as is allowed by State law m RCW 58 17 140 In view of the presumption that the ordinance is valid even though it differs from State law, the Hearing Examiner will recommend that longer than three years for submission of this final plat be allowed if, and only if,. the City Council amends its ordmance to so provide prior to expiration of the three -year period or prior to expiration of the extension presently allowed by the ordinance. Notices. The evidence presented at the hearing indicated that all notices were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC) relating to subdivision, zoning and development regulations. They include the following: Mailing of Notice of Application & Preliminary MDNS December 28, 2004 Mailing of Notice of Final MDNS April 8, 2005 Publication of Notice of Final MDNS April 8, 2005 Posting of Land Use Action Sign on the Property April 8 2005 Mailing of Notice of Public Hearing May 6, 2005 Publication of Notice of Public Hearing May 6, 2005 Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsigmficance (MDNS) on March 28, 2005 pursuant to WAC 197- 11- 340(2). Mitigation measures were required as follows: Cottonwood Partners, LLC, What the Hay, LLC 4 Vicinity of 8900 Block of Midvale Road j_)(}C 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 - 04, L4 CL (2) #27 -04; EC 25 -04 ELL__ 11 11 11 1 1 11 11 7585877 Page 10 of 31 86/87/2887 16 55R CITY OF YAKIMA - CODES DI ORD 962 88 Yakima Co, WA • Two points of mgress/egress are required pnor to the construction of more than 30 residential units within the bounds of the area of phases 3 to 7 of the plat. Additionally, provision must be made for a street connecting this plat with the adjoining plat of Meadowview • Dust control plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority before any grading or construction. • A final binding stormwater and drainage control plan for the entire property must be submitted and approved pnor to construction of improvements for any area of the development. • Flood control measures must be installed. • Critical areas setbacks and protections for Shaw Creek are required. • A grading plan and a permit are required for the entire property prior to construction of improvements for any area of the development. The Department of Fish and Wildlife subnutted a letter dated January 12, 2005 which recommended either the re -filing of SEPA to better reflect the actual environmental conditions or the issuance of a DS (Declaration of Significance) by the lead agency because of the benefits that would result from relocating Shaw Creek to its ongmal channel. The Department also submitted a letter of April 21, 2005 with a compact disk containing text and pictures supporting its position. The evidence indicated that Shaw Creek has flooded over its banks m the past. However, it is not located on a FEMA mapped floodplain. Mr Benson's staff report aptly summarized the problems of unposmg this requirement upon this applicant as follows. "Several years ago Yakima County reviewed and approved the first two phases of Cottonwood Grove. It was during this earher review that the Cottonwood Partners, LLC, What the Hay, LLC 5 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6-04, INDEX CL (2) #27 -04; EC 25 - # A-A -1 7565877 Page 11 of 31 0616712067 10 55A Yakima Co. WA CITY OF YAKIMA - CODES DI ORD "' L1 66 1 � Department of Fish & WiIdhfe (WDFW) first raised the degradation and occasional flooding of Shaw Creek as an issue with the County planning staff. WDFW asked that the developer be required to correct the problems of Shaw Creek before proceeding with development. The County required extensive investigation into the steps necessary to mitigate the area wide problems of Shaw Creek and determined that to accede to WDFW's request would require extensive offsite mitigation from the developer The County's review for Phases 1 and 2 was very thorough, especially with regard to the Shaw Creek issue, and apart from the fact that the channelization and flooding mitigations for Phases 1 and 2 do not specifically mention the future development of Phases 3 through 7, the application of but a slightly altered set of conditions will provide the same level of protection that currently prevails for the existing 99 lots of Cottonwood Grove. The concerns expressed by WDFW are certainly not without foundation, but by their own statements the problems they hope to solve originate further to the west and outside of both the City's jurisdiction and the developer's holdings At this point WDFW has made it clear in their correspondence what they want to happen, yet they have failed to provide the City or the developers with any citation(s) or regulation(s) that must be followed. Should this be possible, it is still not too late for them to cite their regulations and authority, but absent this there is the issue, which is perhaps not fully appreciated by WDFW, of offsite mitigations and takings Before the City of Yakima could require this developer to stop development until Shaw Creek's problems are eliminated the City must first find that there exists both a nexus between the developer's property and WDFW's desired solution and further that their solution is proportional to this project's impacts. Given the information available, the City cannot make that finding and consequently the burden of correction cannot be required from this developer who is impacted by an area wide situation arising outside of his area of ownership and control. This developer therefore does not have a responsibility to provide offsite stream relocation, but does have the right to protect his property by passing offsite floodwater through his development. As stated earlier, to reverse the degradation of Shaw Creek by returning it to a more natural course and m so doing reduce or possibly eliminate the probability of occasional flooding in this general area is a desirable goal, but any legal, viable solution will require the coordinated actions of area landowners and the responsible government agencies." Cottonwood Partners, LLC, What the Hay, LLC 6 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" —DOC. PRE LONG PLAT #3-04, RZ 6-04, INDEX CL (2) #27-04 EC 25 - Ill 111 11 1 7565877 Page 12 of 31 66167/2$97 IS 55A CITY OF YAKIMA - CODES DI ORD $62 66 Yakima Co, WA Since that letter was submitted, the MDNS which required mitigation measures for Shaw Creek sunilar to those unposed by Yakima County m 2001 for phases 1 and 2. without requiring the relocation of Shaw Creek, became final without any appeal being taken. The final MDNS mitigation measures include an unobstructed 30- foot -wide flood control channel m the vicinity of the historic flood flow paths generally along the north line of phase 5 of the plat and an easement for that channel to be shown on the preliminary plat unless and until such time that an altemate flow path is established outside the plat in the future. The MDNS requires an unobstructed critical areas building setback, vegetative buffer and easement for Shaw Creek that is either 50 feet wide on each side or is at least 25 feet wide on the northerly side and at least 75 feet wide on the southerly side where the land around the creek slopes to the south. The MDNS also requires the channel and buffer area of the creek to be restored and revegetated to a more natural form in the manner that was required for phases 1 and 2 of the plat and a note to be placed on the plat to advise purchasers of the affected lots that there are creek buffer restrictions upon those lots. In addition, the MDNS requires a grading plan that must include the proposed flood protection measures and the proposed modifications to Shaw Creek. The Department of Ecology's suggestions by letter of January 13, 2005 were partially incorporated into the MDNS by way of the buffer requirements on Shaw Creek. The suggestion in the Yakima County Public Services Department's letter of January 20, 2005 was incorporated into the MDNS by requiring a street connection to the Meadowvtew plat. The Department of Transportation's letter of January 7, 2005 indicated that it had no comment because no WSDOT - maintained roads are in the vicinity No other agency comments were received. No public comments were received. Zoning and Land Use of Site and Adjacent Properties. The area within the proposed phases 3 to 7 of the preliminary plat is zoned Single Family Residential (R -1) Cottonwood Partners, LLC, What the Hay, LLC 7 Vicinity of 8900 Block of Midvale Road DOC 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6-04, CL (2) #27 -04, EC 25 -04 II 1111111 1111 11 7565877 Page 13 of 31 86/97/2667 16 55A CITY OF YAKIMA - CODES DI ORD !62 88 Yakima Co, WA and is presently vacant land. The properties which are adjacent to said proposed phases 3 to 7 of the plat of Cottonwood Grove have the following zoning and land use characteristics Direction Zoning Land Use North R -1 Residential South R -1 East Agriculture R -1 Residential West R -1 School Jurisdiction. Section 14.20 100 of the City's subdivision ordinance provides that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the subdivision criteria listed m that section and in RCW 58.17 Section 15.23 030 of the City's zoning ordinance provides that the Hearing Exammer shall hold a pubhc hearing and submit a recommendation to the City Council relative to the rezone criteria listed in Subsection 15.23 030(E). Subsection 15 14 040(3)(e) of the City's zoning ordinance provides that applications for Class (2) uses may be referred to the Hearing Examiner for review, public comment and decision, the decision in this case bemg a recommendation to the City Council where it is part of a master application under Section 15 11 110 of the zoning ordinance. Section 1 43.080 of the YMC further delineates the jurisdiction of the Hearing Examiner in these matters. Smce m this situation the recommendations regarding the rezone and the Class (2) use request will have a bearing upon the preliminary plat considerations and recommendation, the rezone cntena and Class (2) use criteria will be considered before the preliminary plat criteria. Rezone Review Criteria. Recommendations regarding rezone apphcations within the Yakima Urban Area must be based upon the following criteria specified m Section 15.23 030 of the Urban Area Zoning Ordinance (UAZO) Cottonwood Partners, LLC, What the Hay, LLC 8 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC PRE LONG PLAT #3 -04, RZ 6-04, INDEX CL (2) #27-04, EC 25-04 787 Page 14 of 0619 7 18 31 55R ,TTY OF YAKIMA - CODES DI ORO 462 80 Yakima Co, WR 1) The testimony at the public hearing: The testimony at the hearing consisted of testimony by Supervising Planner Bruce Benson and the applicant's representatives Richard Hochrem and Bill Hordan who all favored approval of the rezone request. No one at the hearing testified m opposition to any of the applicant's requests. 2) The suitability of the property for uses permitted under the proposed zoning: The property is well - suited for R -2 uses such as duplexes and densities up to 12 dwelling units per net residential acre. Common wall residential units already exist on some of the lots in the first two phases of the Plat of Cottonwood Grove to the north and east of the proposed phases. The Board of County Commissioners approved those common wall residences by Resolution 227 -2001 in May of 2001 pursuant the Hearing Examiner's recommendation to that effect. Duplexes, triplexes and multi - family units currently exist in areas to the east of the Plat of Cottonwood Grove. Since the change in the comprehensive plan designation for this plat from Low Density Residential to Moderate Density Residential, a new shopping center has been located at Tieton Drive and 72 Avenue, and Tieton Dnve has been widened from two lanes to four lanes with a left -turn pocket to serve this property and its anticipated development. 3) Recommendations from interested agencies and departments. As previously noted, the Department of Fish and Wildlife recommended that approval be conditioned upon relocatmg the Shaw Creek channel to its onginal location which would regmre off -site improvements west of the proposed preliminary plat to remedy a situation that was not caused by the proposed development on this property All of the evidence provided at the hearing was to the effect that the necessary off -site improvements for such an undertaking were not the responsibility of the applicant under the nexus and proportionality parameters estabhshed by applicable court decisions and that no known public funding sources have been procured for such an undertaking. Additionally, as previously noted, the Department of Ecology's suggestions were partially incorporated into the MDNS by way of the buffer requirements for Shaw Creek. The suggestion of Cottonwood Partners, LLC, What the Hay, LLC 9 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04, P2 6 -04, DAL CL (2) #27 -04, EC 25 -04 INDEX # / —A 113 III 01 1 7565877 Page 15 of 31 0610712007 10 55R rttY nF YAKIMA - COOES Ot ORO 462 RS Yakima Co, WR the Yakima County Public Services Department was incorporated into the MDNS by requiring a street connection to the Meadowview plat, which was also suggested by the City's Engineering Division. The Department of Transportation indicated that it had no comment and no other agency comments were received. The City's Water Division indicated that Nob Hill Water Company will provide all domestic water for this subdivision. The Building Codes Division assigned an address for each lot that should be shown on the face of the plat. No public comments were received. 4) The extent to which the proposed rezone is in compliance with and/or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance. a) This rezone request complies with the amendment to the comprehensive plan approved in March of 2001 under File No CPA 9 -00 which changed the designation of the property in proposed phases 3 to 7 from Low Density Residential to Moderate Density Residential. The Future Land Use Map to Zoning Map Consistency Chart, Figure III-3, indicates that the Two - Family Residential (R -2) zoning district is considered compatible with the Moderate Density Residential plan designation. The proposed rezone would be in compliance with goals, objectives and policies of the comprehensive plan listed in the General Development, Public Services, Commercial Development, Land Use, Transportation, Utilities and Capital Facilities elements of the plan. h) The Zoning Ordinance: Subsection 15 03 030(2) of the Yakima Urban Area Zoning Ordinance states that the purpose of the R -1 zoning district is to establish and preserve residential neighborhoods for detached single - family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; and also to locate moderate - density residential development, of up to seven dwelling units per net residential acre, in areas served by public water and sewer Subsection 15 03 030(3) of the zoning ordinance states that the purpose of the R -2 zone is to expand upon the purpose of the R -1 zone by permitting duplexes as well as smgle- Cottonwood Partners, LLC; What the Hay, LLC 10 Vicinity of 8900 Block of Ivhdvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 - 04, RZ 6 -04, CL (2) #27 -04, EC 25 -04 # A ,q- 7565877 Page 16 of 31 06'07/2007 10 55A CITY OF YAKIMA - CODES DI ORD $62 00 Yakima Co, WA family residences at densities of up to twelve dwelling units per net residential acre. The proposed rezone of some of the property to R -2 would trigger the applicability of specific standards for that zoning district by way of minimum lot size, maximum lot coverage, minimum building setbacks, requisite parking, maximum buildmg height and requisite sight screening. The intent of the zoning ordmance would be preserved by the fact that applicable development standards for the respective R- 1 and R -2 zonmg distracts within the plat would be satisfied unless adjustments were to be approved following the prescribed public notice and comment requirements. 5) The adequacy of public facilities such as roads, sewer, water and other required public services. The property is currently served by all necessary public facilities and services. Tieton Drive is a tumor arterial street that can be accessed from the internal road network of all seven phases. Additional access will be provided by way of a connection with Westbrook Road on the east and/or Nob Hill Boulevard on the south and possibly other streets in the future. The property can be served with all other infrastructure such as domestic water, sanitary sewer, natural gas, electricity, telephone, cable TV and any other needed utilities. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses- This proposal is a continuation of the first two phases of the Plat of Cottonwood Grove. They contain a mixture of single - family residences and common wall attached residences which are compatible with the same uses proposed for phases 3 to 7 The general area also contains a mixture of housing types and styles which are also compatible with the proposed uses. In addition, the proposal abuts extensive buffering along Shaw Creek on the north and the first two phases of Cottonwood Grove. There are outdoor playfields for Cottonwood Elementary School on the west that serve as a large buffer from the school. The proposal abuts parcels on the south that are either owned by the apphcant or are large vacant parcels. These properties are outside the Yakima Urban area, but are within Yakima County's Urban Reserve Area where future urban growth is Cottonwood Partners, LLC, What the Hay, LLC 11 Vicinity of 8900 Block of Midvale Road DO C. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 -04, EC 25 -04 Q - po 7565877 Page 17 of 31 06/67/2807 18 55A CITY OF YAKIMA - CODES DI ORD $62 A8 Yakima Co, WA expected. Adjonung phases 3 and 4 abut large parcels on the east that contain single - family residences on large acreages. Besides the buffering provided by the distance between uses to the east, lots along the east side of the plat have been made large, 10,000 square feet, to promote compatibility with the uses to the east as well. 7) The public need for the proposed change: The evidence submitted at the hearing established the need for additional R -2 zoning in West Valley to provide affordable housing and rental housing in the vicinity of shopping centers east of the proposed plat. Most of the R -2 zoning in the area is either built -out or lacking sewer lines for sewer service. Class (2) Use Criteria. Section 15 11 110 of the Urban Area Zoning Ordinance (UAZO) provides that where, as here, any of the required approvals of a master application constitute a recommendation to the City Council, any decision of the Hearing Examiner as to any such approvals shall also constitute a recommendation to the City Council. Since the Hearmg Examiner is making a recommendation to the City Council relative to the rezone and the preluninary plat, the decision relative to the Class (2) common wall residential use also constitutes a recommendation to the City Council m this context. However, the criteria for consideration of Class (2) uses remain the same. Those cnteria listed in Subsection 15 14 040(5) of the UAZO are identical to the cntena for consideration of Class (3) uses fisted in Subsection 15 15 040(5) of the UAZO Although the criteria for consideration of Class (2) uses are identical to the criteria for consideration of Class (3) uses when Class (2) use applications are referred to the Hearing Examiner for CIass (3) review through the public hearing process under Subsection 15 15 040(3)(e), Subsection 15 15 040(4) or Section 15 11 110 of the zoning ordiance, there is one major difference. The Hearing Examiner will take into account the legislative pronouncement of the City Council when it classified the uses in Tables 4 -1 and 4 -2 and declared that "Class (2) uses are generally permitted in the district" Cottonwood Partners, LLC, What the Hay, LLC 12 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC PRE LONG PLAT #3 -04, RZ 6 -04, INDEX CL (2) #27 -04, EC 25-04 7565877 - — — — -- 1111111111111 1011 I II 11111111 Page 18 of 31 06/07/2807 10 55A CITY OF YAKIMA - CODES DI OR D !62 00 Yakima Co, WA (Subsection 15 04 020(2)) and that "Class (3) uses are generally not permitted m a particular district" (Subsection 15 04 020(3)). In this case, the request is for approval of uses that are generally permitted in the R -1 zoning district. 1. Compliance and Compatibility with the Objectives and Development Standards of the Comprehensive Plan. The proposed common wall residential uses would be located within phases 3 and 4 of the proposed preliminary plat which are designated as Low Density Residential by the comprehensive plan. Low density residential uses are primarily single- family detached residences, but may include duplexes or other similar structures with a density of less than 7 units per net residential acre. Common wall residences are similar to a duplex except that each of the two attached common wall residences is located on its own individual lot while both units of a duplex are located on the same lot. The density of phase 3 with the common wall units would be 4.9 units per net residential acre and the density of phase 4 with the common wall units would be 6 06 units per net residential acre. The combined density of both phases would be 5 46 units per net residential acre, which is m compliance and compatible with the objectives and development standards of the comprehensive plan. The proposed attached common wall residences would also be m comphance and compatible with general concepts in the comprehensive plan and the Growth Management Act which mclude encouragmg urban level development in areas where adequate public services can be provided and providing for a variety of housing opportunities. Common wall units were found to be in compliance and compatible with Yakima County's comprehensive plan when they were approved for phases 1 and 2 of the plat in 2001 The common wall units now proposed would be in a location that continues the existing theme for the Cottonwood Grove development to provide such units in areas that will be compatible with the neighborhood. 2. Compliance and Compatibility with the Intent and Character of the Single - Family Residential (R -1) Zoning District. The Urban Area Zoning Ordinance (UAZO) Cottonwood Partners, LLC, What the Hay, LLC 13 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6-04, INDEX CL (2) #27 -04, EC 25 - 1E1111111111111 II 1111111 III II Page 19 of 31 06 /0 7565877 /2007 6 55A CITY OF YAKIMA - CODES DI ORO $82 98 Yakima Co, WA table of permitted land uses provides that attached common wall residences are Class (2) uses in the R -1 zoning district. As previously noted, Subsection 15 04 020(2) of the UAZO states that Class (2) uses are generally permitted m the district. The proposed uses comply with and are compatible with the intent of the R -1 zone expressed in Subsection 15 03 030(2)(b) which states that the R -1 zoning district is "intended to Locate moderate - density residential development, up to seven units per net residential acre, in areas served by public water and sewer " The proposed common wall residences are also in compliance and compatible with the character of the R -1 zoning district. The existing common wall residences in phases 1 and 2 along South 88 Avenue and the proposed row of common wall lots in phases 3 and 4 along South 88 Avenue, which is constructed to an urban collector standard, abut property to the west that is designated Moderate Density Residential and is here recommended for a rezone to R -2. An urban collector street is less desirable for detached single- family residential uses than common wall residential uses. Common wall residences are similar to the duplexes that would be located to the west. The balance of the proposed common wall residences at the south edge of phase 4 will have backyards that face Nob Hill Boulevard. Nob Hill Boulevard will eventually become an urban arterial which is also less desirable for detached single - family residential uses. Property to the south of this proposed row of common wall residences is also owned by the applicant and is outside the Yakima Urban Area. The property will probably remain in alfalfa until it is platted, at which time common wall units will probably be proposed along the south side of Nob Hill Boulevard as well. As such, compatibility with the neighborhood is insured by placing all of the common wall residences within the interior of the proposed plat or adjacent to property owned by the developer Until other traffic connections are made, traffic from this development will not pass through any existing neighborhood other than its own. Several duplex and common wall developments similar to this proposal have been approved in the West Valley area since the adoption of the Urban Area Comprehensive Plan and Zonmg Cottonwood Partners, LLC; What the Hay, LLC 14 DOC Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, # A --I CL (2) #27 -04, EC 25 -04 7565877 Page 20 of 31 06/07/2007 10 55A CITY OF YAKIMA - CODES DI ORD 162 00 Yakima Co, WA Ordinance. 3. Compliance with the Provisions and Standards Established in the Zoning Ordinance. The common wall residential lots will range in size from 5,200 to 5,875 square feet m size. They will have direct access to abuttmg streets by way of shared driveways. Each unit will have a two -car garage and two parking spaces m front of the garage. The footprint of the residences will generally be 36 feet by 36 feet, which is about 1,300 square feet m size. A patio expected to be 10 feet by 10 feet m size is also planned for each residence. A typical individual lot will have lot coverage of about 37 per cent. The proposed lots can accommodate larger units and, in most cases, larger units will be constructed. Whatever sizes and designs of common wall residential units are finally constructed on the lots, it is anticipated that they will comply with all the provisions and standards for common wall residences such as lot size, parking spaces, height lurutation, setbacks and other applicable requirements without any known need at this time for any administrative adjustments. Preliminary Plat Review Criteria. Section 1420 100 of the YMC provides that the Hearing Examiner shall review a proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied. 1) Subsection 14.20.100(1) — Consistency with the provisions of the City's Urban Area Zoning Ordinance: Subsections 15 03 030(2) and (3) of the Urban Area Zoning Ordinance indicate that the purpose of both the One - Family Residential (R -1) and Two - Family Residential (R -2) zoning districts is to estabhsh and preserve residential neighborhoods for detached single - family dwellings and other uses compatible with the intent of those districts. The main difference between the two districts is that the R -2 zoning district is also intended for duplexes and for densities exceeding seven dwelling units per net residential acre. The proposed plat contains lot sizes ranging from 5,200 square feet to 24,200 square feet. All of the lots exceed the muumum lot size required Cottonwood Partners, LLC, What the Hay, LLC 15 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6-04, INDEX CL (2) #27 -04, EC 25 -04 / A - II 111111 III 111111111 II 7565877 Page 21 of 31 CITY OF YAKIMR - CODES DI ORO l62 00 Yakima 2 Co, W 55A A for single- family and common wall residences m the R -1 zoning district and for duplexes m the R -2 zoning district. The proposed plat is consistent with the densities and other provisions in the zoning ordinance applicable to the R-1 and R -2 zoning districts. As previously noted, comments provided at the Development Services Team meeting on September 29, 2004 from the Water Division indicated that the Nob Hill Water Company would provide all domestic water for the subdivision and the Building Codes Division assigned addresses to the lots that should be shown on the plat. The Engmeenng Division recommended the planned street connection with the Meadowview plat. 2) Subsection 14.20.100(2) — Consistency with the provisions of the Comprehensive Plan. The City's Future Land Use Map and Comprehensive Plan designate phases 3 and 4 of the proposed plat as suitable for Low Density Residential development and phases 5, 6 and 7 of the proposed plat as suitable for Medium Density Residential development. This proposed plat is consistent with those respective designations where they are proposed within the plat and is also consistent with other provisions of the comprehensive plan that encourage a mixture of housing types and densities, promote infillmg, recognize the need for public sewer and water, encourage disposal of surface drainage on -site and encourage development consistent with the general land use pattern m the area. 3) Subsection 14.20.100(3) — Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance ": As proposed, this plat meets all the design requirements in Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the conditions of this recommendation are intended to further ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. 4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health, safety and general welfare: The construction of new residential units which will complement adjacent uses will promote the public health, safety and general welfare. Cottonwood Partners, LLC, What the Hay, LLC 16 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3-04, RZ 6 -04, DOC. CL (2) #27 -04, EC 25 - INDEX 111111 11111111 11 11111 111 7565877 Page 22 of 31 CITY OF YRKIMA - CODES DI ORO $S2 SO 06/07/2007 ak2 Yakima WA 55R There is a need in this community for the types of residences proposed for this plat. Bemg able to see the types of residences which have already been constructed in phases 1 and 2 of this plat makes it easier for one to anticipate that phases 3 through 7 of the plat will also provide various types of quality housing for the West Valley area. 5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces The proposed Iots are larger than mmimum sizes that could be approved for various types of dwelling units m the R -1 and R -2 zoning districts. Lot coverages of less than 45% m the R -1 zoning district and of less than 50% m the R -2 zoning district will provide light and air for future residents in accordance with the standards m the zoning ordinance. There will be buffers on both sides of Shaw Creek. Streets will have sidewalks on both sides and there will be a variety of lot sizes, particularly m phases 3 and 4 No additional open spaces are recommended or deemed necessary 6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways Drainage of individual lots will be provided on -site at the time of construction. The SEPA MDNS requires that a final binding stormwater and drainage control plan for the entire property must be developed by a licensed professional engineer in consultation with the City Engineer prior to construction of any area of the development. Detailed requirements are set forth for the plan and the applicant is required to comply with all applicable local, State and federal requirements. 7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways: At the present time access to the proposed plat is from Tieton Dnve through the existing street network of phases 1 and 2. A Traffic Capacity Analysis was completed which indicated that this development will not exceed the PM peak hour capacity of the city artenal street system and that reserve capacity exists on all streets impacted by this development. The MDNS requires that the public street network for Cottonwood Grove connect with the public street providing access through the plat of Meadowview located immediately to the east. The MDNS also requires a second point Cottonwood Partners, LLC; What the Hay, LLC 17 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6 - 04, INDEX CL (2) #27-04 EC 25 -04 # /\,A J J 11111111M 11 III II 11111 7565877 Page 23 of 31 06/0712007 10 55A CITY OF YRKIMA - CODES DI ORO !62 AA Yakima Co, WR I � of access be provided before more than 30 dwelling units are constructed in order to comply with Appendix D of the International Fire Code. The second access may be provided by way of the connection of the street network with the street through the plat of Meadowview, by extendmg Nob Hill Boulevard west from South 80 Avenue to the street system in the plat, by extending Midvale Road west from South 80 Avenue to the street system m the plat, by extending Wide Hollow Road north to the street system in the plat or by any other method approved by the Fire Marshall. The interior streets within phases 3 to 7 of the proposed preliminary plat will be constructed m accordance with the City's standards and requirements. The proposed plat therefore makes appropriate provisions for streets. 8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops. Transit service to the proposed plat would be provided by bus route number 1, Summitview/Lmcoln, and bus route number 8, Lincoln/Snmmitview 9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water supplies, irrigation and other water suppliers: An adequate water supply in this area is available from Nob Hill Water Company 10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste disposal: There are appropriate provisions for sanitary waste disposal because there are already within the area sewer mains capable of handling the demands of this development. 11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and recreation: The proposed phases 3 to 7 of this plat are about one mile dnving distance from the West Valley Neighborhood Park. Appropnate provisions are made for parks and recreation without the need for an internal park. Cottonwood Partners, LLC, What the Hay, LLC 18 Vicmity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6-04, INDEX CL (2) #27 -04, EC 25 -04 # AA-1 7565877 Page 24 of 31 CITY OF YRKIMR - CODES DI ORD $82 08 0akema2Co? WA 55R t I 12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds The playground at Cottonwood Elementary School abuts this proposed plat on the west and no additional playground area within the plat is recommended or deemed necessary 13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and school grounds. Cottonwood Elementary School abuts the proposed plat on the west. No comments were received from the School Distract to suggest the need for an additional school at this location. 14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks- Since the proposed plat will have sidewalks on both sides of the streets in accordance with City standards, the proposed plat will make appropnate provisions for sidewalks. 15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning features that assure safe walling conditions for students who walk to and from school. Originally a paved walking path was proposed withm the plat which led to the Cottonwood Elementary School. However, because such paths can create concerns for the safety of children using them, the school distract asked that that feature be elmunated from the proposed plat. It is felt that sidewalks on both sides of the streets will provide safer walking conditions for students who walk to and from school than a path would. 16) Subsection 14.20.100(5) — Public use and interest: The proposed plat is consistent with neighboring land uses and better serves the needs of the Urban Growth Area than continued agricultural use. Based on the standards discussed above, it is apparent that the public use and mterest will in fact be served by the proposed plat. It complies with the City's Urban Area Zoning Ordmance, Comprehensive Plan and Subdivision Ordinance. It makes appropnate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, Cottonwood Partners, LLC; What the Hay, T.T.0 19 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC PRE LONG PLAT #3 - 04, RZ 6 -04, INDEX CL (2) #27 -04 EC 25 - I 111111111 I 1111 1111 11111111111101 7565877 Page 25 of 31 0 CITY OF YAKIMA - Grant's J I t IIi jil too jj 6 10 55R playgrounds, schools or separate walking paths to school are neither recommended nor deemed appropriate. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the application's consistency with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re- examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. a) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the regulations of the zoning ordinance, subdivision ordinance, building codes and other apphcable regulations. b) The level of development (lot size, contemplated density) of the portion of the proposed plat within the One- Family Residential (R -1) zoning distract will not exceed the allowable limit m that district and the level of development of the portion of the proposed plat within the Two - Family Residential (R -2) zoning district will not exceed the allowable limit in that distract. c) 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 plat. d) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed plat which have Cottonwood Partners, LLC, What the Hay, LLC 20 Vicinity of 8900 Block of Midvale Road 228-Lot Plat of "Cottonwood Grove" HOC. PRE LONG PLAT #3 - 04, RZ 6 - 04, INDEX CL (2) #27-04, EC 25-04 # q —1 7565877 Page 26 of 31 06/07/2007 19 55A CITY OF YAKIMA - CODES DI ORD $62 90 Yakima Co, WA } 1 been discussed in detail above. With appropnate conditions. the proposed preliminary plat, including the proposed rezone of about one -half the property from the R -1 to the R -2 zone and the proposed construction of common wall residences on some of the lots m the R -1 zone, will be consistent with the development standards of applicable City ordinances CONCLUSIONS 1 The Heanng Examiner has junsdiction to recommend to the Yak:una City Council the approval of a preliminary plat pursuant to Section 14.20 100 of the subdivision ordinance, the approval of a rezone pursuant to Section 15.23.030 of the zoning ordmance; and the approval of a Class (2) use as part of a master application pursuant to Subsection 15 14 040(3)(e) and Section 15 11 110 of the zoning ordinance. 2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this project on April 8, 2005 and was not appealed within the time penod for an appeal which expired on April 25, 2005 3 The evidence submitted satisfies all seven of the critena required for approval of the proposed rezone of the area within phases 5, 6 and 7 of the proposed preliminary plat from the R -1 zoning district to the R -2 zoning district, subject to the conditions detailed below 4 The evidence submitted satisfies all three of the cntena required for approval of the proposed Class (2) common wall residential use for the lots specified for such use m the R -1 zoning distract within phases 3 and 4 of the proposed preliminary plat, subject to the conditions detailed below Cottonwood Partners, LLC, What the Hay, LLC 21 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" PRE LNG PLAT #3 -04, RZ 6-04, INDEX CL (2) #27 -04, EC 25 - I - A _' 11111111111111111111111 11E111 7565877 Page 27 of 31 06187/2007 10 55A CITY OF YAKIMA - CODES DI ORD $62 60 Yakima Co) WA ! J 5 The proposed phases 3 to 7 of the prehmmary plat of Cottonwood Grove, with the conditions detailed below, are m compliance with the City's zoning ordmance, subdivision ordinance and comprehensive plan, make appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks, and, according to the weight of the evidence presented at the hearing, do not require that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walkmg conditions for students who only walk to and from school. 6 The proposed prelmunary plat, rezone and Class (2) use are in compliance with the consistency requirements of Subsection 16.06 020(B) of the YMC RECOMMENDATIONS The Hearing Examiner recommends to the Yakima City Council that (i) the proposed 228 -lot preliminary plat of phases 3 to 7 of the Plat of Cottonwood Grove; (ii) the requested rezone of the area within phases 5, 6 and 7 of said proposed preliminary plat from R -1 to R -2, and (iii) the requested Class (2) common wall residential use for Lots 301 to 310, Lots 401 to 408 and Lots 444 to 461 m phases 3 and 4 of the proposed preliminary plat all be APPROVED m accordance with the details described in the application and in the related documents which are assigned file numbers LONG PLAT #3 -04, RZ #6 -04, CL (2) #27 -04 and EC #25 -04, subject to compliance with the following conditions Cottonwood Partners, LLC; What the Hay, LLC 22 Vicinity of 8900 Block of Midvale Road DOC' 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 -04, EC 25 -04 41 AA-1 1111111 1111 111 11111111111111 7585877 Page 28 of 31 08/0712007 18 55R 11'Y nr YAKIMA - CODES Di ORO $62 99 Yakima Co, WA 1 Pnor to final plat approval the mtenor streets shall be engineered, constructed and approved according to the standards and requirements of the City Engineer and YMC Title 12. 2. All lots shall be served with pubhc water from the Nob Hill Water Company No mdividual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Building Codes and Planning Division indicating that all construction required to provide each lot with domestic water has been completed and the fees paid. 3 All lots shall be provided with pubhc sewer service according to YMC Title 12 standards. No individual septic systems or other sewage disposal methods will be allowed. Prior to final plat approval written verification from the City of Yalama Engineering Department must be provided to the Building Codes and Planning Division indicating that all sewer extensions have been completed or financially secured. 4 A muumum 8- foot -wide pubhc utility easement must be provided adjacent to all public road rights -of -way 5 The width of all easements for buried utilities must be at least twice the depth of the planned excavation, and all easements for new and/or future utilities shall be 16 feet in width or as otherwise specified by the utility provider 6 All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. 7 All public and private utilities to be located within public road rights -of -way must be constructed prior to the start of road construction. 8 Fire hydrants shall be placed at the locations specified by the Building Codes and Planning Division and Yakima Fire Department. All lots must be provided with adequate fire flow 9 Irrigation easements, if any are required, shall be provided as specified by the Yakima Valley Canal Company 10 After making provision for the interconnection of the road network within this plat and the neighboring Plat of Meadowview, the final plat shall substantially conform to the preliminary plat, but shall incorporate the requirements of the MDNS and any modifications of the preliminary plat required by the City Council. Cottonwood Partners, LLC, What the Hay, LLC 23 Vicinity of 8900 Block of Akdvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, CL (2) #27 -04, EC 25 -04 # 1111 Hm 1111 31 11 7565877 Page 29 of 31 CITY OF YAKIMA - CODES DI ORD $62 96 Y WA 558 11 All permits required by the Yakima Regional Clean Air Authority shall be obtained. The developer shall designate a responsible party to serve as a contact person during working hours for suspected air quality violations. 12. The developer shall contact the State Department of Ecology to determine if a baseline general permit for stormwater discharges will be necessary for this development. Application shall be made at least 30 days prior to the start of construction. 13 A final bindmg stormwater and dramage control plan for the entire property, including the installation of flood control measures, shall be submitted and approved prior to construction of improvements for any area of the development. 14 Critical areas setbacks for Shaw Creek must be observed. 15 A grading plan and permit for the entire property is required pnor to construction of improvements for any area of the development. 16 Erosion control methods such as temporary ponding, silt fencing, etc. must be in place prior to clearing, grading or construction. 17 All addresses shall be as specified by the Building Codes Division and all addresses must be clearly shown on the face of the final plat. 18 Two points of emergency ingress/egress must be provided prior to the construction of more than 30 residential units in any portion of the area within phases 3 to 7 of the plat. 19 This plat shall be subject to the following notes, which must be placed on the face of the plat: a. The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes and Planning Division is responsible for the confirmation or reassignment of addresses at the tune of building permit issuance. b The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated withm the plat on- site. Cottonwood Partners, LLC, What the Hay, LLC 24 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04, RZ 6-04, IND CL (2) #27 -04, EC 25 - # �] JI - Pg 658 00 o f31 CITY OF YAKIMA - CODES DI ORD $62 00 1 1E 2 Co7 g 558 20 The apphcant must comply with all of the requirements of the Mitigated Declaration of Nonsignificance. 21 The applicant shall grant an easement that will enable the prospective purchasers of Tract A (the Seamans and the Radkes) to be able to extend the public sewer line at those purchasers' expense to the south boundary of that tract between whichever of the applicant's two lots will be closest to the line that will divide the ownership of that tract between the respective purchasers. 22. Relative to the period of time allowed for submission of the apphcant's final plat after approval of this preliminary plat, the applicant shall have the longer period of time and the increased number of extensions that may become available m the future as a result of any future amendments to the City's subdivision ordinance that may be adopted prior to the expiration of the three -year period or pnor to the expiration of the extension currently allowed by the City's existing subdivision ordinance. DATED this 10 day of June, 2005 A••••• C Gary M. Cuillier, Hearing Examiner Cottonwood Partners, LLC; What the Hay, LLC 25 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04, RZ 6 -04, n CL (2) #27 -04, EC 25 -04 A 11111111111111111 1111 7565877 Page 31 of 31 06/07/2007 10 55A CITY OF YAKIMA - CODES DI ORD $S2 00 Yakima Co, WA COTTONWOOD PARTNERS, LLC Preliminary Long Plat of Cottonwood Grove EXHIBIT LIST City Council Closed Record Public Hearing July 19, 2005 Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST (Development Services Team) Comments CHAPTER E SEPA (State Environmental Policy Act) review (See Eric Bartrand, WA State Dept. of Fish & Wildlife Comments in Chapter H, Exhibits #H -18 & H -20) CHAPTER F Application CHAPTER G Notices CHAPTER H Background Information on Cottonwood Grove - Phases I & II. (Includes comment letters from Eric Bartrand, WA State Dept. of Fish & Wildlife) CHAPTER I Comments Received After Hearing Examiner Public Hearing (Eric Bartrand, WA State Dept. of Fish & Wildlife and Gary Cuillier, Hearing Examiner.) COTTONWOOD PARTNERS, LLC EXHIBIT LIST City Council Closed Record Public Hearing July 19, 2005 CHAPTER AA HEARING EXAMINER'S RECOMMENDATION EXHIBIT # DOCUMENT DATE AA -1 Hearing Examiner's Recommendation 6/10/05 L;EIVED JUN 1 0 2005 �,► it OF YAKIMA CITY OF YAKIMA, WASHINGTON PLANNING DIV. HEARING EXAMINER'S RECOMMENDATIONS June 10, 2005 In the Matter of a Preliminary Plat, Rezone ) And Class (2) Applications Submitted by: ) ) LONG PLAT #3 -04; RZ #6 -04; Cottonwood Partners, LLC ) CL (2) #27 -04; & EC #25 -04 ) For a 228 -Lot Subdivision of 63.5 Acres ) In Five Phases with a Rezone, Class (2) ) Review & SEPA Review to be known as ) Phases 3 to 7, Plat of Cottonwood Grove ) Introduction. The Hearing Examiner conducted a public hearing on May 26, 2005 and has issued this decision within 10 business days. The staff report presented by Supervising Planner Bruce Benson recommended approval of the preliminary plat for phases 3 to 7 of Cottonwood Grove; recommended approval of a rezone of about half the area in the plat from R -1 to R -2 zoning to allow for the construction of duplexes as a Class (1) permitted use in phases 5, 6 and 7 of the proposed plat; and recommended approval of a Class (2) common wall residential use for 36 of the lots in phases 3 and 4 which are within the R -1 zoning district, all subject to conditions. The applicant's planning consultant, Mr. Bill Hordan of Hordan Planning Services, provided information, answered questions, suggested that the utility easement requirement be a width of 16 feet or as otherwise specified by the utility, and requested that the period of preliminary plat approval be longer than the three years currently specified by City ordinance if the City's ordinance is amended in the future to conform to the five -year period specified by State law. The applicant's representative, Mr. Richard Hochrein, testified about historic flood Cottonwood Partners, LLC; What the Hay, LLC 1 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04; RZ 6 - 04; DOC, CL (2) #27 -04; EC 25 -04 INDEX # A A- -( flows in the area, pedestrian and vehicular traffic alternatives and the reason for the respective locations of different types of housing in the proposed phases of the plat. Mr. James Adams of Wagner, Luloff & Adams submitted a letter on behalf of his clients Matt and Linda Seaman requesting that provision be made to extend the sewer line to the south line of Tract A which is shown as the most northerly tract on the preliminary plat and which is ultimately being conveyed to them and others. The State Department of Fish and Wildlife submitted written comments and pictures to the effect that the diversion of Shaw Creek from its historic location some years ago by unknown parties beginning in the vicinity of 96 Avenue should be corrected. The letter did not indicate that any public funding was available for such a project and did not convince the applicant or the Planning Division that the cause - effect nexus and proportionality analysis would allow placing that off -site improvement burden upon this applicant who did not create the problem. Mr. Hordan indicated that the applicant would be willing to grant an easement so that the prospective purchasers of Tract A could extend the public sewer line to the area nearest to the line that will divide Tract A between the respective purchasers, but agreed with Mr. Benson that the burden of extensive off -site improvements needed to rechannel Shaw Creek should not fairly be placed upon this applicant. These recommendations to the City Council will be based in large part upon Mr. Hordan's narrative description of the proposal and Mr. Benson's staff report. It is necessary to address the criteria for consideration of rezones, of Class (2) uses and of preliminary plats in order to provide these recommendations. Summary of Recommendations. The Hearing Examiner recommends approval of this preliminary plat, approval of the rezone of phases 5 to 7 from R -1 to R -2 and approval of the Class (2) common wall residential use on some of the lots in phases 3 and 4, subject to conditions. Cottonwood Partners, LLC; What the Hay, LLC 2 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04; RZ 6 -04; CL (2) #27 -04; EC 25 -04 L/`"I Basis for Decision. Based on a view of the site with no one else present on May 25, 2005; the staff report, exhibits, testimony and other evidence presented at the open record public hearing on May 26, 2005; and a consideration of the applicable subdivision requirements, zoning requirements, comprehensive plan provisions, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS Applicant/Property Owner. The applicant is Cottonwood Partners, LLC, P.O. Box 8353, Yakima, Washington 98908, and the property owner is What the Hay, LLC, P.O. Box 8310, Yakima, Washington 98908. Location. The proposed preliminary plat is located in the vicinity of the 8900 Block of Midvale Avenue in the City of Yakima to the south and west of the first two phases of the Plat of Cottonwood Grove; parcel nos. 181330 - 13003, 21005, 24005, 24004 and 24006. Application. This proposed preliminary plat would divide about 63.5 acres into 228 lots and 2 tracts; would include a rezone of about 32 acres comprising phases 5, 6 and 7 of the proposed plat from Single Family Residential (R -1) to Two - Family Residential (R- 2) which would thereafter allow duplexes as a Class (1) use; and would allow the Class (2) use of attached single family (common wall) residences on 10 lots within the R -1 zoning district in Phase 3 (Lots 301 through 310) and on 26 lots within the R -1 zoning district in Phase 4 (Lots 401 through 408 and Lots 444 through 461) for a total of 36 such lots in the portion of the preliminary plat that is zoned R -1. The plat is within the City of Yakima and would include full urban services such as water, sewer and public streets with curbs, gutters and sidewalks on both sides and streetlights. As submitted this Cottonwood Partners, LLC; What the Hay, LLC 3 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04; RZ 6 - 04; CL (2) #27 -04; EC 25 -04 t _ I ! J preliminary plat indicates that development may occur in five separate phases over an undetermined period of time. The City's current subdivision ordinance allows the applicant three years from the date of preliminary approval to submit the final plat. Under Section 14.20.150 of the subdivision ordinance, the applicant may request one extension of that period for a maximum period of one year. Before any phase(s) can be recorded all required infrastructure must be completed and inspected or otherwise financially secured. The Planning Division indicated that it does not object to a five -year period being allowed to submit the final plat as is allowed by State law in RCW 58.17.140. In view of the presumption that the ordinance is valid even though it differs from State law, the Hearing Examiner will recommend that longer than three years for submission of this final plat be allowed if, and only if, the City Council amends its ordinance to so provide prior to expiration of the three -year period or prior to expiration of the extension presently allowed by the ordinance. Notices. The evidence presented at the hearing indicated that all notices were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC) relating to subdivision, zoning and development regulations. They include the following: Mailing of Notice of Application & Preliminary MDNS December 28, 2004 Mailing of Notice of Final MDNS April 8, 2005 Publication of Notice of Final MDNS April 8, 2005 Posting of Land Use Action Sign on the Property April 8, 2005 Mailing of Notice of Public Hearing May 6, 2005 Publication of Notice of Public Hearing May 6, 2005 Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsignificance (MDNS) on March 28, 2005 pursuant to WAC 197- 11- 340(2). Mitigation measures were required as follows: Cottonwood Partners, LLC; What the Hay, LLC 4 Vicinity of 8900 Block of Midvale Road U . 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04; RZ 6 -04; .. CL (2) #27 -04; EC 25 -04 I 1 • Two points of ingress /egress are required prior to the construction of more than 30 residential units within the bounds of the area of phases 3 to 7 of the plat. Additionally, provision must be made for a street connecting this plat with the adjoining plat of Meadowview. • Dust control plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority before any grading or construction. • A final binding stormwater and drainage control plan for the entire property must be submitted and approved prior to construction of improvements for any area of the development. • Flood control measures must be installed. • Critical areas setbacks and protections for Shaw Creek are required. • A grading plan and a permit are required for the entire property prior to construction of improvements for any area of the development. The Department of Fish and Wildlife submitted a letter dated January 12, 2005 which recommended either the re- filing of SEPA to better reflect the actual environmental conditions or the issuance of a DS (Declaration of Significance) by the lead agency because of the benefits that would result from relocating Shaw Creek to its original channel. The Department also submitted a letter of April 21, 2005 with a compact disk containing text and pictures supporting its position. The evidence indicated that Shaw Creek has flooded over its banks in the past. However, it is not located on a FEMA mapped floodplain. Mr. Benson's staff report aptly summarized the problems of imposing this requirement upon this applicant as follows: "Several years ago Yakima County reviewed and approved the first two phases of Cottonwood Grove. It was during this earlier review that the Cottonwood Partners, LLC; What the Hay, LLC 5 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04; RZ 6 -04; INDEX CL (2) #27 -04; EC 25 -04 Department of Fish & Wildlife (WDFW) first raised the degradation and occasional flooding of Shaw Creek as an issue with the County planning staff. WDFW asked that the developer be required to correct the problems of Shaw Creek before proceeding with development. The County required extensive investigation into the steps necessary to mitigate the area wide problems of Shaw Creek and determined that to accede to WDFW's request would require extensive offsite mitigation from the developer. The County's review for Phases 1 and 2 was very thorough, especially with regard to the Shaw Creek issue, and apart from the fact that the channelization and flooding mitigations for Phases 1 and 2 do not specifically mention the future development of Phases 3 through 7, the application of but a slightly altered set of conditions will provide the same level of protection that currently prevails for the existing 99 lots of Cottonwood Grove. The concerns expressed by WDFW are certainly not without foundation, but by their own statements the problems they hope to solve originate further to the west and outside of both the City's jurisdiction and the developer's holdings. At this point WDFW has made it clear in their correspondence what they want to happen; yet they have failed to provide the City or the developers with any citation(s) or regulation(s) that must be followed. Should this be possible, it is still not too late for them to cite their regulations and authority, but absent this there is the issue, which is perhaps not fully appreciated by WDFW, of offsite mitigations and takings. Before the City of Yakima could require this developer to stop development until Shaw Creek's problems are eliminated the City must first find that there exists both a nexus between the developer's property and WDFW's desired solution and further that their solution is proportional to this project's impacts. Given the information available, the City cannot make that finding and consequently the burden of correction cannot be required from this developer who is impacted by an area wide situation arising outside of his area of ownership and control. This developer therefore does not have a responsibility to provide offsite stream relocation, but does have the right to protect his property by passing offsite floodwater through his development. As stated earlier, to reverse the degradation of Shaw Creek by returning it to a more natural course and in so doing reduce or possibly eliminate the probability of occasional flooding in this general area is a desirable goal, but any legal, viable solution will require the coordinated actions of area landowners and the responsible government agencies." Cottonwood Partners, LLC; What the Hay, LLC 6 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04; RZ 6 -04; INDEX CL (2) #27 -04; EC 25 -04 Since that letter was submitted, the MDNS which required mitigation measures for Shaw Creek similar to those imposed by Yakima County in 2001 for phases 1 and 2, without requiring the relocation of Shaw Creek, became final without any appeal being taken. The final MDNS mitigation measures include an unobstructed 30- foot -wide flood control channel in the vicinity of the historic flood flow paths generally along the north line of phase 5 of the plat and an easement for that channel to be shown on the preliminary plat unless and until such time that an alternate flow path is established outside the plat in the future. The MDNS requires an unobstructed critical areas building setback, vegetative buffer and easement for Shaw Creek that is either 50 feet wide on each side or is at least 25 feet wide on the northerly side and at least 75 feet wide on the southerly side where the land around the creek slopes to the south. The MDNS also requires the channel and buffer area of the creek to be restored and revegetated to a more natural form in the manner that was required for phases 1 and 2 of the plat and a note to be placed on the plat to advise purchasers of the affected lots that there are creek buffer restrictions upon those lots. In addition, the MDNS requires a grading plan that must include the proposed flood protection measures and the proposed modifications to Shaw Creek. The Department of Ecology's suggestions by letter of January 13, 2005 were partially incorporated into the MDNS by way of the buffer requirements on Shaw Creek. The suggestion in the Yakima County Public Services Department's letter of January 20, 2005 was incorporated into the MDNS by requiring a street connection to the Meadowview plat. The Department of Transportation's letter of January 7, 2005 indicated that it had no comment because no WSDOT - maintained roads are in the vicinity. No other agency comments were received. No public comments were received. Zoning and Land Use of Site and Adjacent Properties. The area within the proposed phases 3 to 7 of the preliminary plat is zoned Single Family Residential (R -1) Cottonwood Partners, LLC; What the Hay, LLC 7 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 - 04; RZ 6 -04; f CL (2) #27 -04; EC 25 - _1 and is presently vacant land. The properties which are adjacent to said proposed phases 3 to 7 of the plat of Cottonwood Grove have the following zoning and land use characteristics: Direction Zoning Land Use North R -1 Residential South R -1 Agriculture East R -1 Residential West R -1 School Jurisdiction. Section 14.20.100 of the City's subdivision ordinance provides that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the subdivision criteria listed in that section and in RCW 58.17. Section 15.23.030 of the City's zoning ordinance provides that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the rezone criteria listed in Subsection 15.23.030(E). Subsection 15.14.040(3)(e) of the City's zoning ordinance provides that applications for Class (2) uses may be referred to the Hearing Examiner for review, public comment and decision, the decision in this case being a recommendation to the City Council where it is part of a master application under Section 15.11.110 of the zoning ordinance. Section 1.43.080 of the YMC further delineates the jurisdiction of the Hearing Examiner in these matters. Since in this situation the recommendations regarding the rezone and the Class (2) use request will have a bearing upon the preliminary plat considerations and recommendation, the rezone criteria and Class (2) use criteria will be considered before the preliminary plat criteria. Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following criteria specified in Section 15.23.030 of the Urban Area Zoning Ordinance (UAZO): Cottonwood Partners, LLC; What the Hay, LLC 8 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DQC. PRE LONG PLAT #3 -04; RZ 6 -04; INDEX CL (2) #27 -04; EC 25 -04 # t ) 1) The testimony at the public hearing: The testimony at the hearing consisted of testimony by Supervising Planner Bruce Benson and the applicant's representatives Richard Hochrein and Bill Hordan who all favored approval of the rezone request. No one at the hearing testified in opposition to any of the applicant's requests. 2) The suitability of the property for uses permitted under the proposed zoning: The property is well- suited for R -2 uses such as duplexes and densities up to 12 dwelling units per net residential acre. Common wall residential units already exist on some of the lots in the first two phases of the Plat of Cottonwood Grove to the north and east of the proposed phases. The Board of County Commissioners approved those common wall residences by Resolution 227 -2001 in May of 2001 pursuant the Hearing Examiner's recommendation to that effect. Duplexes, triplexes and multi - family units currently exist in areas to the east of the Plat of Cottonwood Grove. Since the change in the comprehensive plan designation for this plat from Low Density Residential to Moderate Density Residential, a new shopping center has been located at Tieton Drive and 72 Avenue, and Tieton Drive has been widened from two lanes to four lanes with a left -turn pocket to serve this property and its anticipated development. 3) Recommendations from interested agencies and departments: As previously noted, the Department of Fish and Wildlife recommended that approval be conditioned upon relocating the Shaw Creek channel to its original location which would require off -site improvements west of the proposed preliminary plat to remedy a situation that was not caused by the proposed development on this property. All of the evidence provided at the hearing was to the effect that the necessary off -site improvements for such an undertaking were not the responsibility of the applicant under the nexus and proportionality parameters established by applicable court decisions and that no known public funding sources have been procured for such an undertaking. Additionally, as previously noted, the Department of Ecology's suggestions were partially incorporated into the MDNS by way of the buffer requirements for Shaw Creek. The suggestion of Cottonwood Partners, LLC; What the Hay, LLC 9 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04; RZ 6 -04; DOG, CL (2) #27 -04; EC 25 -04 INDEX / — ,q-f E j the Yakima County Public Services Department was incorporated into the MDNS by requiring a street connection to the Meadowview plat, which was also suggested by the City's Engineering Division. The Department of Transportation indicated that it had no comment and no other agency comments were received. The City's Water Division indicated that Nob Hill Water Company will provide all domestic water for this subdivision. The Building Codes Division assigned an address for each lot that should be shown on the face of the plat. No public comments were received. 4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) This rezone request complies with the amendment to the comprehensive plan approved in March of 2001 under File No. CPA 9 -00 which changed the designation of the property in proposed phases 3 to 7 from Low Density Residential to Moderate Density Residential. The Future Land Use Map to Zoning Map Consistency Chart, Figure I1I -3, indicates that the Two - Family Residential (R -2) zoning district is considered compatible with the Moderate Density Residential plan designation. The proposed rezone would be in compliance with goals, objectives and policies of the comprehensive plan listed in the General Development, Public Services, Commercial Development, Land Use, Transportation, Utilities and Capital Facilities elements of the plan. b) The Zoning Ordinance: Subsection 15.03.030(2) of the Yakima Urban Area Zoning Ordinance states that the purpose of the R -1 zoning district is to establish and preserve residential neighborhoods for detached single- family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; and also to locate moderate - density residential development, of up to seven dwelling units per net residential acre, in areas served by public water and sewer. Subsection 15.03.030(3) of the zoning ordinance states that the purpose of the R -2 zone is to expand upon the purpose of the R -1 zone by permitting duplexes as well as single - Cottonwood Partners, LLC; What the Hay, LLC 10 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 -04; RZ 6 -04; CL (2) #27 -04; EC 25 -04 } } family residences at densities of up to twelve dwelling units per net residential acre. The proposed rezone of some of the property to R -2 would trigger the applicability of specific standards for that zoning district by way of minimum lot size, maximum lot coverage, minimum building setbacks, requisite parking, maximum building height and requisite sight screening. The intent of the zoning ordinance would be preserved by the fact that applicable development standards for the respective R -1 and R -2 zoning districts within the plat would be satisfied unless adjustments were to be approved following the prescribed public notice and comment requirements. 5) The adequacy of public facilities such as roads, sewer, water and other required public services: The property is currently served by all necessary public facilities and services. Tieton Drive is a minor arterial street that can be accessed from the internal road network of all seven phases. Additional access will be provided by way of a connection with Westbrook Road on the east and /or Nob Hill Boulevard on the south and possibly other streets in the future. The property can be served with all other infrastructure such as domestic water, sanitary sewer, natural gas, electricity, telephone, cable TV and any other needed utilities. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses: This proposal is a continuation of the first two phases of the Plat of Cottonwood Grove. They contain a mixture of single - family residences and common wall attached residences which are compatible with the same uses proposed for phases 3 to 7. The general area also contains a mixture of housing types and styles which are also compatible with the proposed uses. In addition, the proposal abuts extensive buffering along Shaw Creek on the north and the first two phases of Cottonwood Grove. There are outdoor playfields for Cottonwood Elementary School on the west that serve as a large buffer from the school. The proposal abuts parcels on the south that are either owned by the applicant or are large vacant parcels. These properties are outside the Yakima Urban area, but are within Yakima County's Urban Reserve Area where future urban growth is Cottonwood Partners, LLC; What the Hay, LLC 11 Vicinity of 8900 Block of Midvale Road DOCs 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04; RZ 6 -04; INDEX CL (2) #27 -04; EC 25 -04 —' expected. Adjoining phases 3 and 4 abut large parcels on the east that contain single - family residences on large acreages. Besides the buffering provided by the distance between uses to the east, lots along the east side of the plat have been made large, 10,000 square feet, to promote compatibility with the uses to the east as well. 7) The public need for the proposed change: The evidence submitted at the hearing established the need for additional R -2 zoning in West Valley to provide affordable housing and rental housing in the vicinity of shopping centers east of the proposed plat. Most of the R -2 zoning in the area is either built -out or lacking sewer lines for sewer service. Class (2) Use Criteria. Section 15.11.110 of the Urban Area Zoning Ordinance (UAZO) provides that where, as here, any of the required approvals of a master application constitute a recommendation to the City Council, any decision of the Hearing Examiner as to any such approvals shall also constitute a recommendation to the City Council. Since the Hearing Examiner is making a recommendation to the City Council relative to the rezone and the preliminary plat, the decision relative to the Class (2) common wall residential use also constitutes a recommendation to the City Council in this context. However, the criteria for consideration of Class (2) uses remain the same. Those criteria listed in Subsection 15.14.040(5) of the UAZO are identical to the criteria for consideration of Class (3) uses listed in Subsection 15.15.040(5) of the UAZO. Although the criteria for consideration of Class (2) uses are identical to the criteria for consideration of Class (3) uses when Class (2) use applications are referred to the Hearing Examiner for Class (3) review through the public hearing process under Subsection 15.15.040(3)(e), Subsection 15.15.040(4) or Section 15.11.110 of the zoning ordiance, there is one major difference. The Hearing Examiner will take into account the legislative pronouncement of the City Council when it classified the uses in Tables 4 -1 and 4 -2 and declared that "Class (2) uses are generally permitted in the district" Cottonwood Partners, LLC; What the Hay, LLC 12 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04; RZ 6 - 04; INDEX CL (2) #27 -04; EC 25 -04 A A-I (Subsection 15.04.020(2)) and that "Class (3) uses are generally not permitted in a particular district" (Subsection 15.04.020(3)). In this case, the request is for approval of uses that are generally permitted in the R -1 zoning district. 1. Compliance and Compatibility with the Objectives and Development Standards of the Comprehensive Plan. The proposed common wall residential uses would be located within phases 3 and 4 of the proposed preliminary plat which are designated as Low Density Residential by the comprehensive plan. Low density residential uses are primarily single- family detached residences, but may include duplexes or other similar structures with a density of less than 7 units per net residential acre. Common wall residences are similar to a duplex except that each of the two attached common wall residences is located on its own individual lot while both units of a duplex are located on the same lot. The density of phase 3 with the common wall units would be 4.9 units per net residential acre and the density of phase 4 with the common wall units would be 6.06 units per net residential acre. The combined density of both phases would be 5.46 units per net residential acre, which is in compliance and compatible with the objectives and development standards of the comprehensive plan. The proposed attached common wall residences would also be in compliance and compatible with general concepts in the comprehensive plan and the Growth Management Act which include encouraging urban level development in areas where adequate public services can be provided and providing for a variety of housing opportunities. Common wall units were found to be in compliance and compatible with Yakima County's comprehensive plan when they were approved for phases 1 and 2 of the plat in 2001. The common wall units now proposed would be in a location that continues the existing theme for the Cottonwood Grove development to provide such units in areas that will be compatible with the neighborhood. 2. Compliance and Compatibility with the Intent and Character of the Single - Family Residential (R -1) Zoning District. The Urban Area Zoning Ordinance (UAZO) Cottonwood Partners, LLC; What the Hay, LLC 13 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04; RZ 6 - 04; INDEX CL (2) #27 -04; EC 25 -04 t t table of permitted land uses provides that attached common wall residences are Class (2) uses in the R -1 zoning district. As previously noted, Subsection 15.04.020(2) of the UAZO states that Class (2) uses are generally permitted in the district. The proposed uses comply with and are compatible with the intent of the R -1 zone expressed in Subsection 15.03.030(2)(b) which states that the R -1 zoning district is "intended to ... Locate moderate - density residential development, up to seven units per net residential acre, in areas served by public water and sewer." The proposed common wall residences are also in compliance and compatible with the character of the R -1 zoning district. The existing common wall residences in phases 1 and 2 along South 88 Avenue and the proposed row of common wall lots in phases 3 and 4 along South 88 Avenue, which is constructed to an urban collector standard, abut property to the west that is designated Moderate Density Residential and is here recommended for a rezone to R -2. An urban collector street is less desirable for detached single- family residential uses than common wall residential uses. Common wall residences are similar to the duplexes that would be located to the west. The balance of the proposed common wall residences at the south edge of phase 4 will have backyards that face Nob Hill Boulevard. Nob Hill Boulevard will eventually become an urban arterial which is also less desirable for detached single - family residential uses. Property to the south of this proposed row of common wall residences is also owned by the applicant and is outside the Yakima Urban Area. The property will probably remain in alfalfa until it is platted, at which time common wall units will probably be proposed along the south side of Nob Hill Boulevard as well. As such, compatibility with the neighborhood is insured by placing all of the common wall residences within the interior of the proposed plat or adjacent to property owned by the developer. Until other traffic connections are made, traffic from this development will not pass through any existing neighborhood other than its own. Several duplex and common wall developments similar to this proposal have been approved in the West Valley area since the adoption of the Urban Area Comprehensive Plan and Zoning Cottonwood Partners, LLC; What the Hay, LLC 14 hoc Vicinity of 8900 Block of Midvale Road INDEX 228 -Lot Plat of "Cottonwood Grove" r � PRE LONG PLAT #3 -04; RZ 6 - 04; # CL (2) #27 -04; EC 25 -04 Ordinance. 3. Compliance with the Provisions and Standards Established in the Zoning Ordinance. The common wall residential lots will range in size from 5,200 to 5,875 square feet in size. They will have direct access to abutting streets by way of shared driveways. Each unit will have a two -car garage and two parking spaces in front of the garage. The footprint of the residences will generally be 36 feet by 36 feet, which is about 1,300 square feet in size. A patio expected to be 10 feet by 10 feet in size is also planned for each residence. A typical individual lot will have lot coverage of about 37 per cent. The proposed lots can accommodate larger units and, in most cases, larger units will be constructed. Whatever sizes and designs of common wall residential units are finally constructed on the lots, it is anticipated that they will comply with all the provisions and standards for common wall residences such as lot size, parking spaces, height limitation, setbacks and other applicable requirements without any known need at this time for any administrative adjustments. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance: Subsections 15.03.030(2) and (3) of the Urban Area Zoning Ordinance indicate that the purpose of both the One - Family Residential (R -1) and Two - Family Residential (R -2) zoning districts is to establish and preserve residential neighborhoods for detached single- family dwellings and other uses compatible with the intent of those districts. The main difference between the two districts is that the R -2 zoning district is also intended for duplexes and for densities exceeding seven dwelling units per net residential acre. The proposed plat contains lot sizes ranging from 5,200 square feet to 24,200 square feet. All of the lots exceed the minimum lot size required Cottonwood Partners, LLC; What the Hay, LLC 15 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04; RZ 6 -04; INDEX CL (2) #27 -04; EC 25 - Q / for single- family and common wall residences in the R -1 zoning district and for duplexes in the R -2 zoning district. The proposed plat is consistent with the densities and other provisions in the zoning ordinance applicable to the R -1 and R -2 zoning districts. As previously noted, comments provided at the Development Services Team meeting on September 29, 2004 from the Water Division indicated that the Nob Hill Water Company would provide all domestic water for the subdivision and the Building Codes Division assigned addresses to the lots that should be shown on the plat. The Engineering Division recommended the planned street connection with the Meadowview plat. 2) Subsection 14.20.100(2) -- Consistency with the provisions of the Comprehensive Plan: The City's Future Land Use Map and Comprehensive Plan designate phases 3 and 4 of the proposed plat as suitable for Low Density Residential development and phases 5, 6 and 7 of the proposed plat as suitable for Medium Density Residential development. This proposed plat is consistent with those respective designations where they are proposed within the plat and is also consistent with other provisions of the comprehensive plan that encourage a mixture of housing types and densities, promote infilling, recognize the need for public sewer and water, encourage disposal of surface drainage on -site and encourage development consistent with the general land use pattern in the area. 3) Subsection 14.20.100(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance ": As proposed, this plat meets all the design requirements in Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the conditions of this recommendation are intended to further ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. 4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health, safety and general welfare: The construction of new residential units which will complement adjacent uses will promote the public health, safety and general welfare. Cottonwood Partners, LLC; What the Hay, LLC 16 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04; RZ 6 - 04; D O C , CL (2) #27 -04; EC 25 -04 INDEX There is a need in this community for the types of residences proposed for this plat. Being able to see the types of residences which have already been constructed in phases 1 and 2 of this plat makes it easier for one to anticipate that phases 3 through 7 of the plat will also provide various types of quality housing for the West Valley area. 5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: The proposed lots are larger than minimum sizes that could be approved for various types of dwelling units in the R -1 and R -2 zoning districts. Lot coverages of less than 45% in the R -1 zoning district and of less than 50% in the R -2 zoning district will provide light and air for future residents in accordance with the standards in the zoning ordinance. There will be buffers on both sides of Shaw Creek. Streets will have sidewalks on both sides and there will be a variety of lot sizes, particularly in phases 3 and 4. No additional open spaces are recommended or deemed necessary. 6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways: Drainage of individual lots will be provided on -site at the time of construction. The SEPA MDNS requires that a final binding stormwater and drainage control plan for the entire property must be developed by a licensed professional engineer in consultation with the City Engineer prior to construction of any area of the development. Detailed requirements are set forth for the plan and the applicant is required to comply with all applicable local, State and federal requirements. 7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways: At the present time access to the proposed plat is from Tieton Drive through the existing street network of phases 1 and 2. A Traffic Capacity Analysis was completed which indicated that this development will not exceed the PM peak hour capacity of the city arterial street system and that reserve capacity exists on all streets impacted by this development. The MDNS requires that the public street network for Cottonwood Grove connect with the public street providing access through the plat of Meadowview located immediately to the east. The MDNS also requires a second point Cottonwood Partners, LLC; What the Hay, LLC 17 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC, PRE LONG PLAT #3 -04; RZ 6 -04; INDEX CL (2) #27 -04; EC 25 -04 � a of access be provided before more than 30 dwelling units are constructed in order to comply with Appendix D of the International Fire Code. The second access may be provided by way of the connection of the street network with the street through the plat of Meadowview, by extending Nob Hill Boulevard west from South 80 Avenue to the street system in the plat, by extending Midvale Road west from South 80 Avenue to the street system in the plat, by extending Wide Hollow Road north to the street system in the plat or by any other method approved by the Fire Marshall. The interior streets within phases 3 to 7 of the proposed preliminary plat will be constructed in accordance with the City's standards and requirements. The proposed plat therefore makes appropriate provisions for streets. 8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops: Transit service to the proposed plat would be provided by bus route number 1, Summitview/Lincoln, and bus route number 8, Lincoln/Summitview. 9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water supplies, irrigation and other water suppliers: An adequate water supply in this area is available from Nob Hill Water Company. 10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste disposal: There are appropriate provisions for sanitary waste disposal because there are already within the area sewer mains capable of handling the demands of this development. 11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and recreation: The proposed phases 3 to 7 of this plat are about one mile driving distance from the West Valley Neighborhood Park. Appropriate provisions are made for parks and recreation without the need for an internal park. Cottonwood Partners, LLC; What the Hay, LLC 18 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOC. PRE LONG PLAT #3 -04; RZ 6 - 04; INDEX CL (2) #27 -04; EC 25 -04 # n ^ I } 12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds: The playground at Cottonwood Elementary School abuts this proposed plat on the west and no additional playground area within the plat is recommended or deemed necessary. 13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and school grounds. Cottonwood Elementary School abuts the proposed plat on the west. No comments were received from the School District to suggest the need for an additional school at this location. 14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks: Since the proposed plat will have sidewalks on both sides of the streets in accordance with City standards, the proposed plat will make appropriate provisions for sidewalks. 15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school: Originally a paved walking path was proposed within the plat which led to the Cottonwood Elementary School. However, because such paths can create concerns for the safety of children using them, the school district asked that that feature be eliminated from the proposed plat. It is felt that sidewalks on both sides of the streets will provide safer walking conditions for students who walk to and from school than a path would. 16) Subsection 14.20.100(5) — Public use and interest: The proposed plat is consistent with neighboring land uses and better serves the needs of the Urban Growth Area than continued agricultural use. Based on the standards discussed above, it is apparent that the public use and interest will in fact be served by the proposed plat. It complies with the City's Urban Area Zoning Ordinance, Comprehensive Plan and Subdivision Ordinance. It makes appropriate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, Cottonwood Partners, LLC; What the Hay, LLC 19 Vicinity of 8900 Block of Midvale Road ®O 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 -04; RZ 6 - 04; INDEX CL (2) #27 -04; EC 25 -04 playgrounds, schools or separate walking paths to school are neither recommended nor deemed appropriate. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the application's consistency with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re- examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. a) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. b) The level of development (lot size, contemplated density) of the portion of the proposed plat within the One - Family Residential (R -1) zoning district will not exceed the allowable limit in that district and the level of development of the portion of the proposed plat within the Two - Family Residential (R -2) zoning district will not exceed the allowable limit in that district. c) 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 plat. d) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed plat which have Cottonwood Partners, LLC; What the Hay, LLC 20 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" DOG, PRE LONG PLAT #3 -04; RZ 6 - 04; INDEX CL (2) #27 -04; EC 25 -04 A `' t been discussed in detail above. With appropriate conditions, the proposed preliminary plat, including the proposed rezone of about one -half the property from the R -1 to the R -2 zone and the proposed construction of common wall residences on some of the lots in the R -1 zone, will be consistent with the development standards of applicable City ordinances. CONCLUSIONS 1. The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a preliminary plat pursuant to Section 14.20.100 of the subdivision ordinance; the approval of a rezone pursuant to Section 15.23.030 of the zoning ordinance; and the approval of a Class (2) use as part of a master application pursuant to Subsection 15.14.040(3)(e) and Section 15.11.110 of the zoning ordinance. 2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this project on April 8, 2005 and was not appealed within the time period for an appeal which expired on April 25, 2005. 3. The evidence submitted satisfies all seven of the criteria required for approval of the proposed rezone of the area within phases 5, 6 and 7 of the proposed preliminary plat from the R -1 zoning district to the R -2 zoning district, subject to the conditions detailed below. 4. The evidence submitted satisfies all three of the criteria required for approval of the proposed Class (2) common wall residential use for the lots specified for such use in the R -1 zoning district within phases 3 and 4 of the proposed preliminary plat, subject to the conditions detailed below. Cottonwood Partners, LLC; What the Hay, LLC 21 Vicinity of 8900 Block of Midvale Road 228 -Lot Plat of "Cottonwood Grove" D ®C, PRE LONG PLAT #3 -04; RZ 6 - 04; INDEX CL (2) #27 -04; EC 25 -04 / Alt I" M 5. The proposed phases 3 to 7 of the preliminary plat of Cottonwood Grove, with the conditions detailed below, are in compliance with the City's zoning ordinance, subdivision ordinance and comprehensive plan; make appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; and, according to the weight of the evidence presented at the hearing, do not require that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who only walk to and from school. 6. The proposed preliminary plat, rezone and Class (2) use are in compliance with the consistency requirements of Subsection 16.06.020(B) of the YMC. RECOMMENDATIONS The Hearing Examiner recommends to the Yakima City Council that (i) the proposed 228 -lot preliminary plat of phases 3 to 7 of the Plat of Cottonwood Grove; (ii) the requested rezone of the area within phases 5, 6 and 7 of said proposed preliminary plat from R -1 to R -2; and (iii) the requested Class (2) common wall residential use for Lots 301 to 310, Lots 401 to 408 and Lots 444 to 461 in phases 3 and 4 of the proposed preliminary plat all be APPROVED in accordance with the details described in the application and in the related documents which are assigned file numbers LONG PLAT #3 -04, RZ #6 -04, CL (2) #27 -04 and EC #25 -04, subject to compliance with the following conditions: Cottonwood Partners, LLC; What the Hay, LLC 22 Vicinity of 8900 Block of Midvale Road DDC, 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 - 04; RZ 6 -04; CL (2) #27 -04; EC 25 -04 1 1. Prior to final plat approval the interior streets shall be engineered, constructed and approved according to the standards and requirements of the City Engineer and YMC Title 12. 2. All lots shall be served with public water from the Nob Hill Water Company. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Building Codes and Planning Division indicating that all construction required to provide each lot with domestic water has been completed and the fees paid. 3. All lots shall be provided with public sewer service according to YMC Title 12 standards. No individual septic systems or other sewage disposal methods will be allowed. Prior to final plat approval written verification from the City of Yakima Engineering Department must be provided to the Building Codes and Planning Division indicating that all sewer extensions have been completed or financially secured. 4. A minimum 8- foot -wide public utility easement must be provided adjacent to all public road rights -of -way. 5. The width of all easements for buried utilities must be at least twice the depth of the planned excavation, and all easements for new and /or future utilities shall be 16 feet in width or as otherwise specified by the utility provider. 6. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. 7. All public and private utilities to be located within public road rights -of -way must be constructed prior to the start of road construction. 8. Fire hydrants shall be placed at the locations specified by the Building Codes and Planning Division and Yakima Fire Department. All lots must be provided with adequate fire flow. 9. Irrigation easements, if any are required, shall be provided as specified by the Yakima Valley Canal Company. 10. After making provision for the interconnection of the road network within this plat and the neighboring Plat of Meadowview, the final plat shall substantially conform to the preliminary plat, but shall incorporate the requirements of the MDNS and any modifications of the preliminary plat required by the City Council. Cottonwood Partners, LLC; What the Hay, LLC 23 Vicinity of 8900 Block of Midvale Road DOG 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3 - 04; RZ 6 -04; INDEX CL (2) #27 -04; EC 25 -04 A • 11. All permits required by the Yakima Regional Clean Air Authority shall be obtained. The developer shall designate a responsible party to serve as a contact person during working hours for suspected air quality violations. 12. The developer shall contact the State Department of Ecology to determine if a baseline general permit for stormwater discharges will be necessary for this development. Application shall be made at least 30 days prior to the start of construction. 13. A final binding stormwater and drainage control plan for the entire property, including the installation of flood control measures, shall be submitted and approved prior to construction of improvements for any area of the development. 14. Critical areas setbacks for Shaw Creek must be observed. 15. A grading plan and permit for the entire property is required prior to construction of improvements for any area of the development. 16. Erosion control methods such as temporary ponding, silt fencing, etc. must be in place prior to clearing, grading or construction. 17. All addresses shall be as specified by the Building Codes Division and all addresses must be clearly shown on the face of the final plat. 18. Two points of emergency ingress /egress must be provided prior to the construction of more than 30 residential units in any portion of the area within phases 3 to 7 of the plat. 19. This plat shall be subject to the following notes, which must be placed on the face of the plat: a. The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes and Planning Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. b. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on- site. Cottonwood Partners, LLC; What the Hay, LLC 24 Vicinity of 8900 Block of Midvale Road D ©C 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 - 04; RZ 6 - 04; CL (2) #27 -04; EC 25 -04 1 ; 20. The applicant must comply with all of the requirements of the Mitigated Declaration of Nonsignificance. 21. The applicant shall grant an easement that will enable the prospective purchasers of Tract A (the Seamans and the Radkes) to be able to extend the public sewer line at those purchasers' expense to the south boundary of that tract between whichever of the applicant's two lots will be closest to the line that will divide the ownership of that tract between the respective purchasers. 22. Relative to the period of time allowed for submission of the applicant's final plat after approval of this preliminary plat, the applicant shall have the longer period of time and the increased number of extensions that may become available in the future as a result of any future amendments to the City's subdivision ordinance that may be adopted prior to the expiration of the three -year period or prior to the expiration of the extension currently allowed by the City's existing subdivision ordinance. DATED this 10 day of June, 2005. Gary M. Cuillier, Hearing Examiner Cottonwood Partners, LLC; What the Hay, LLC 25 Vicinity of 8900 Block of Midvale Road DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3 - 04; RZ 6 -04; CL (2) #27 -04; EC 25 -04 • COTTONWOOD PARTNERS, LLC Exhibit List CHAPTER A Staff Report EXHIBIT # DOCUMENT DATE A -1 Staff Report 5 -26 -05 City of Yakima, Washington Department of Community & Economic Development Building Codes & Planning Division Preliminary Plat Staff Report Open Record Public Hearing May 26, 2005 Preliminary Plat Application ) ) Long Plat #3 -04, RZ #6 -04, By Cottonwood Partners, LLC ) CL (2) #27 -04, EC #25 -04 ) For the Plat of Cottonwood ) Staff Contact: Grove, a 228 Lot Subdivision ) Bruce Benson, of 63 Acres in Five Phases ) Supervising Planner together with a Rezone, Class ) 575 -6042 (2) Review and SEPA ) SUMMARY OF RECOMMENDATION. The Division of Environmental Planning recommends the approval of this master application subject to conditions. FINDINGS PROJECT DESCRIPTION: A proposal to subdivide approximately 63 acres into 228 Lots and 2 Tracts; the rezoning of approximately 32 acres from R -1, Single - Family residential to R -2, Two - Family Residential; and Class (2) Land Use Review for the construction of attached single - family (common wall) residences within the R -1 zoning district. This proposed development is located in the City of Yakima and includes full urban services, including sewer, watey, public streets with curbs, gutters, sidewalks on both sides of the street, and streetlights. Filed ' ,1.,, r Cottonwood Partners, LLC " °5. `t = Vicinity 8900 Block of Midvale Rd. • H @a n0 Pre Long Plat #3 -04, RZ 6 # - 04, EXH :., <a. CL (2) #27 04, EC #25-04 1 File # t Ti PROPONENT: Cottonwood Partners, LLC P.O. Box 8353 Yakima, WA 98908 LOCATION: 63 acres located to the south and west of the existing plat of Cottonwood Grove Phases 1 & 2. PARCEL NOS. 181330- 13003, 21005, 24004, 24006 CURRENT ZONING AND USE. The current zoning for this property is R -1, Single - family residential. The land is currently undeveloped. Adjacent properties have the following characteristics: Location Zoning Existing Land Use North R -1 Residential East R -1 Residential West R -1 School South R -1 Agriculture HEARING EXAMINER JURISDICTION. Pursuant to Chapter 58.17 RCW, § 14.30.080 YMC, and §1.43.080(A) (B) YMC the Hearing Examiner is authorized to make a recommendation to the City Council on preliminary plats, rezones and Class (2) reviews included as part of a master application. COMPREHENSIVE PLAN. Future Land Use map III -3 of the Comprehensive Plan designates the subject property as Low Density Residential and Moderate Density Residential. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 2 INDEX F: • • URBAN AREA ZONING ORDINANCE (UAZO). Single - family Residential (15.03.030 (2). The UAZO indicates that the R -1 district is intended to establish and preserve residential neighborhoods for detached single - family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; and also to locate moderate - density residential development, of up to seven dwelling units per net residential acre, in areas served by public water and sewer. Two - family Residential (15.03.030 (3). The R -2 district includes and expands upon the purposes of the R -1 zone by permitting duplexes at densities of up to twelve dwelling units per net residential acre. REZONE CRITERIA. Within the Yakima Urban Area, recommendations for the approval of rezone applications are governed by the following seven criteria as specified in Section 15.23.030 YMC. 1. Testimony at public hearing. Testimony at a public hearing is a pivotal factor in making a determination of compatibility for any proposed rezone. 2. Suitability of property for proposed use. The property is well suited for the type of uses that would be permitted within the R -2 zoning district. 3. Recommendations from interested agencies. Other than the Department of Fish and Wildlife no agencies have registered any recommendations concerning this project related rezone. Fish and Wildlife's recommendations are discussed at the conclusion of this report. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, DOC. CL (2) #27 -04, EC #25 -04 3 INDEX # A-4 4. Compliance with the Comprehensive Plan. This rezone is compatible with future land use map III -3 and land use compatibility chart figure III -3 of the Comprehensive Plan. 5. Adequacy of public utilities. All required public utilities are presently available at this site. Tieton Drive, which can be accessed from the internal road network of all seven phases, is classified as minor Arterial Street, and provides the necessary public street access. 6. Compatibility of proposed use. In 2001 Yakima County Comprehensive Plan Amendment #9 -00 changed the Future Land Use Map for the rezone area from low density residential to medium density residential. The review concluded that moderate density residential land use would be compatible for this property. 7. Public Need /Change in Circumstance. The Growth Management Act encourages development at higher densities within the urban service area wherever public services are available. Recently approved residential developments to the north and east of this site and a new commercial development located approximately one mile to the east have substantially changed the character of this area from predominately agricultural to urban level residential. Additionally, this rezone fulfills the Growth Management Act's requirement for zoning regulations that are consistent with the City's adopted Comprehensive Plan. CLASS (2) LAND USE REVIEW. Lots 301 — 310, Lots 401 — 408 and 444 - 461 are proposed for common wall type development within the R -1 zoning district. Class (2) uses are by definition generally considered to be compatible where permitted. This compatibility, however, may not always be determinable in advance and occasionally a particular Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, 0O CL (2) #27 -04, EC #25 -04 4 INDEX Class (2) use may be found to be incompatible at a given location. Therefore, Class (2) level land use review is required in order to promote consistency with the intent and character of the district and the objectives and development criteria of the Yakima Urban Area Comprehensive Plan. Following the Class (2) review process the administrative official may approve, deny, or impose conditions on the proposed use. In this application the Class (2) use concerns the permitting of common wall structures within the R -1 zoning district. The proposed common wall units have been located so that only one lot, Lot 301, would directly abut any of the preexisting single - family lots. All of the proposed Class (2) common wall lots are laid out in compliance with the zoning ordinance standards for the R -1 zoning district. SUBDIVISION. ZONING ORDINANCE SUBDIVISION DEVELOPMENT STANDARDS. The zoning ordinance sets forth by zoning district specific subdivision standards for lot size and width, dwelling unit density, maximum lot coverage, minimum building setbacks, parking, building height, sight screening, etc. When a specific building is proposed for this property all applicable development standards will be met or administrative adjustments may be granted following the prescribed public notice and comment requirements of the zoning ordinance. SUBDIVISION ORDINANCE STANDARDS. Review criteria for subdivisions are included in YMC 14.20.100 and specify that the following items be considered by the Urban Area Hearing Examiner prior to making a recommendation to the City Council. 1. Conformance with the provisions of the City Zoning Ordinance. The preliminary plat indicates lot sizes that range from 5,200 to 24,200 square feet. Each proposed lot exceeds the minimum lot size specified for single - family and common wall developments within the R -1 zoning district and duplex development within the R -2 zone. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 5 ; INDEX "?. . 2. Conformance with the City Comprehensive Plan. This preliminary plat meets both the intent and the goals of the Comprehensive Plan for single - family and two - family residential developments in the Low Density Residential and Medium Density Residential districts. 3. Conformance with the provisions of this title. As proposed, this plat meets all of the design requirements found in Chapter 14.30 of the city's subdivision ordinance and Title 12's development standards. 4. Appropriate provisions for: a. Public health, safety, welfare: Plat is consistent with these concerns. b. Open spaces: Apart from the zoning ordinance standard that only 45% lot coverage is allowed in the R -1 zone and 50% lot coverage in the R -2 zone no other open space is provided. c. Drainage systems: Drainage of individual lots will be provided for on -site at the time of construction. On -site drainage will be permitted by methods to be reviewed and approved by the City Engineer. (This issue is discussed at greater length in the MDNS.) d. Streets, alleys, other public ways: At the current time all ingress and egress to this development comes through the existing street network of Phases 1 and 2 and thereby connects with Tieton Drive. As Phases 3 through 7 are developed a second point of access will be required prior to the construction of 30 or more dwelling units. (This issue is discussed at greater length in the MDNS.) Additionally, there is a requirement set forth in the MDNS for a roadway interconnection between this plat and the neighboring plat of Meadowview located immediately to the east. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 6 DEC. INDEX e. Transit Stops: Bus Routes Nos. 1 Summitview/Lincoln, and 8 Lincoln /Summitview, provide transit service to the property. f. Water supplies: Public water is required to be used for domestic and fire flow purposes. An adequate water supply in this area is available from Nob Hill Water Company. g. Sanitary waste disposal: Public sewer is required to be available to all lots. Sewer mains capable of handling the demands of this development are already within the area. h. Parks and playgrounds: Phases 3 — 7 of this plat are approximately one -mile driving distance from West Valley Neighborhood Park. Additionally, the playing field at Cottonwood Elementary School abuts this development. i. Sites for schools: No comments were received from the School District and no sites have been provided. j. Sidewalks: Sidewalks are required and provided on both sides of all streets. 5. Serves public interest and use. The proposed 228 lot residential subdivision is consistent with neighboring land uses and better . serves the needs of the Urban Growth Area than continued agricultural use. DEVELOPMENT SERVICES TEAM (DST) This request was submitted for review at the DST meeting held September 29, 2004. The following comments were submitted at this meeting: Water Division. Nob Hill Water Company will provide all domestic water for this subdivision. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 7 " ;,, INDEX Building Codes (Addressing). Addressing for this subdivision is attached as Exhibit "A" AGENCY COMMENTS During the open comment period the following agencies submitted comments: • Washington State Department of Transportation • Washington State Department of Ecology • Washington State Department of Fish and Wildlife • Yakima County Public Services These comments are attached to this report as Exhibit `B" PUBLIC COMMENTS. No public comments were received during the open comment period for this proposal. ENVIRONMENTAL REVIEW. On March 28, 2005 a Mitigated Determination of Nonsignificance (MDNS) was issued by the City of Yakima. This MDNS was issued under WAC 197 -11- 340(2). In this determination mitigation measures were required covering the following points: • Two points of ingress /egress prior to the construction of 30, or fewer, residential units. Additionally, there must be provision made for a road interconnection of this plat with the adjoining plat of Meadowview. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 8 INDEX # • • Dust control plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority before any grading or construction. • A final binding stormwater and drainage control plan for the entire property be submitted and approved prior to construction of improvements for any area of the development. • The installation of flood control measures. • Critical areas setbacks and protections for Shaw Creek • A Grading Plan and permit for the entire property prior to construction of improvements for any area of the development. On April 25, 2005 the appeal period for this MDNS lapsed and no appeals were filed. The full text of this MDNS is attached as Exhibit "C" TRANSPORTATION CONCURRENCY. Traffic Capacity Analysis was completed on November 5, 2005. It indicated that this development will not exceed the PM peak hour capacity of the city arterial street system and that reserve capacity exists on all streets impacted by this development. PHASING. As submitted this preliminary plat indicates that development may occur in five separate phases over an as yet undetermined period of time. Upon preliminary plat approval the applicant has three years from the date of preliminary approval to submit the final plat. Thereafter, within 30 days of the expiration of preliminary approval the applicant must submit to the City Council a written request to extend the approval period for a maximum period of one year (14.20.150 1 RCW 58.17.140 has a provision for permitting five years before plat expiration. Staff would not object to the State's standard should the hearing examiner find it within his authority to recommend this change. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 9 DO INDEX # A -( • • YMC). Before any phase(s) can be recorded all required infrastructure must be completed and inspected or otherwise financially secured. PUBLIC NOTICE. Public notice of the application and hearing was provided in accordance with: YMC Title 14, Subdivision Ordinance; YMC Title 15, Urban Area Zoning Ordinance and YMC Title 16, Development Permit Regulations. Shaw Creek Discussion. Several years ago Yakima County reviewed and approved the first two phases of Cottonwood Grove. It was during this earlier review that the Department of Fish & Wildlife (WDFW) first raised the degradation and occasional flooding of Shaw Creek as an issue with the County planning staff. WDFW asked that the developer be required to correct the problems of Shaw Creek before proceeding with development. The County required extensive investigation into the steps necessary to mitigate the area wide problems of Shaw Creek and determined that to accede to WDFW's request would require extensive offsite mitigation from the developer. The County's review for Phases 1 and 2 was very thorough, especially with regard to the Shaw Creek issue, and apart from the fact that the channelization and flooding mitigations for Phases 1 and 2 do not specifically mention the future development of Phases 3 through 7, the application of but a slightly altered set of conditions will provide the same level of protection that currently prevails for the existing 99 lots of Cottonwood Grove. The concerns expressed by WDFW are certainly not without foundation, but by their own statements the problems they hope to solve originate further to the west and outside of both the City's jurisdiction and the developer's holdings. At this point WDFW has made it clear in their correspondence what they want to happen; yet they have failed to provide the City or the developers with any citation(s) or regulation(s) that must be followed. Should this be possible, it is still not too late for them to cite their regulations and authority, but absent this there is the 2 Shaw Creek has flooded over its banks in the past but it is not located within a FEMA mapped floodplain. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 10 INDEX E X • • issue, which is perhaps not fully appreciated by WDFW, of offsite mitigations and takings. Before the City of Yakima could require this developer to stop development until Shaw Creek's problems are eliminated the City must first find that there exists both a nexus between the developer's property and WDFW's desired solution and further that their solution is proportional to this project's impacts. Given the information available, the City cannot make that finding and consequently the burden of correction cannot be required from this developer who is impacted by an area wide situation arising outside of his area of ownership and control. This developer therefore does not have a responsibility to provide offsite stream relocation, but does have the right to protect his property by passing offsite floodwater through his development. As stated earlier, to reverse the degradation of Shaw Creek by returning it to a more natural course and in so doing reduce or possibly eliminate the probability of occasional flooding in this general area is a desirable goal, but any legal, viable solution will require the coordinated actions of area landowners and the responsible government agencies. From the foregoing findings, staff makes the following: CONCLUSIONS. 1. The hearing examiner has jurisdiction. 2. This recommendation is based upon a project narrative and site plan received August 30, 2004 and additional materials that have been secured from the applicant, their consultants, Yakima County and other agencies. 3. A Mitigated Determination of Nonsignificance (MDNS) was issued on April 8, 2005. No appeals were submitted during the 15 -day appeal period ending April 25, 2005. 4. This preliminary subdivision complies with the goals and objectives of the Urban Area Comprehensive Plan, The intent and purpose of the R -1 and R -2 zoning districts, the Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 11 DOC INDEX provisions of the Urban Area Zoning Ordinance, Subdivision Ordinance,, Title 12 Development Standards Ordinance, and the Traffic Concurrency Ordinance. 5. The Class (2) request for common wall structures in the R -1 zoning district is in compliance with the requirements of the Urban Area Zoning Ordinance. 6. During project review it has been found that this request is in compliance with YMC 16.06.020 (B) for making a Determination of Consistency as follows: A. The proposed uses are permitted within the R -1 and R -2 zoning districts. B. All necessary public facilities are available to serve this site. C. This proposal is consistent with existing development regulations for this location. RECOMMENDATION. The Building Codes and Planning Division recommends that the 228 -Lot subdivision known as Cottonwood Grove Phases 3 — 7 be approved, the Rezone to R -2 be approved, and the Class (2) review for common wall development within the R -1 zone be approved all subject to the following conditions: 1. Prior to final plat approval the interior streets shall be engineered, constructed and approved according to the standards and requirements of the City Engineer and YMC Title 12. 2. All lots shall be served with public water from the Nob Hill Water Company. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Building Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 12 DOC NDEX # } �: _ Codes and Planning Division indicating that all construction required to provide each lot with domestic water has been completed and the fees paid. 3. All lots shall be provided with public sewer service according to YMC Title 12 standards. No individual septic systems or other sewage disposal methods will be allowed. Prior to final plat approval written verification from the City of Yakima Engineering Department must be provided to the Building Codes and Planning Division indicating that all sewer extensions have been completed or financially secured. 4. A minimum 8 -foot wide public utility easement must be provided adjacent to all public road rights -of -way. 5. Easements for new and/or future utilities shall be a minimum of 16 feet in width, provided that the width of easements for buried utilities will be twice the depth of the planned excavation. 6. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. 7. All public and private utilities to be located within public road rights -of -way must be constructed prior to the start of road construction. 8. Fire hydrants shall be placed at the locations specified by the Building Codes and Planning Division and Yakima Fire Department. All lots must be provided with adequate fire flow. 9. Irrigation easements, if any are required, shall be provided as specified by the Yakima Valley Canal Company. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, _��-;� CL (2) #27 -04, EC #25 -04 �` ' ` 13 INDEX 10. After making provision for the interconnection of the road network within this plat and the neighboring Plat of Meadowview, the final plat shall substantially conform to the preliminary plat, except as may be further modified by the hearing examiner or City Council. 11. All permits required by the Yakima Regional Clean Air Authority shall be obtained. The developer shall designate during working hours a responsible party to serve as contact for suspected air quality violations. 12. The developer shall contact the State Department of Ecology to determine if a baseline general permit for stormwater discharges will be necessary for this development. Application shall be made at least 30 days prior to the start of construction. 13. A final binding stormwater and drainage control plan for the entire property, including the installation of flood control measures, shall be submitted and approved prior to construction of improvements for any area of the development. 14. Critical areas setbacks for Shaw Creek must be observed. 15. A Grading Plan and permit for the entire property prior to construction of improvements for any area of the development. 16. Erosion control methods such as temporary ponding, silt fencing, etc. must be in place prior to clearing, grading or construction. 17. All addresses shall be as specified in the Exhibit "A" of this report. All addresses must be clearly shown on the face of the final plat. 18. Two points of emergency ingress /egress must be provided prior to the construction of 30, or fewer, residential units. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, CL (2) #27 -04, EC #25 -04 DOC 14 INDEX # I • 19. This plat shall be subject to the following notes, which must be placed on the face of the plat: a. The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes and Planning Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. b. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on -site. Cottonwood Partners, LLC Vicinity 8900 Block of Midvale Rd. Pre Long Plat #3 -04, RZ 6 # -04, 000 CL (2) #27 -04, EC #25 -04 15 INDEX • EXHIBIT "A" DOC. • INDEX # ,e- 6 REVISED 5/11/2005 Cottonwood Subdiv. Phases 1 -7 10:08 AM Cottonwood Grove Phase VI- 635 1001 S 89th Ave Cottonwood Grove Phase VI 636 1003 S 89th Ave Cottonwood Grove Phase VI 637 1005 S 89th Ave Cottonwood Grove Phase VI 638 1007 S 89th Ave Cottonwood Grove Phase VI 639 1009 S 89th Ave Cottonwood Grove Phase VI 640 1011 S 89th Ave Cottonwood Grove Phase VII 701 1012 S 91st Ave Cottonwood Grove Phase VII 702 1014 S 91st Ave Cottonwood, Grove Phase VII 703 1016 S 91st Ave Cottonwood Grove Phase VII 704 1018 S 91st Ave Cottonwood Grove Phase VII 705 1020 S 91st Ave Cottonwood Grpve Phase VII 706 1022 S 91st Ave Cottonwood Grove Phase VII 707 1013 S gist Ave Cottonwood Grove Phase 708 1015 S 91st Ave Cottonwood Grove Phase VII 709 1017 S 91st Ave Cottonwood Grove Phase VII 710 1019 S 91st Ave /9003 Garden Ave Cottonwood Grove Phase VII 711 1012 S 90th Ave Cottonwood Grove Phase VII 712 1014 S 90th Ave Cottonwood Grove Phase VII 713 1016 S 90th Ave Cottonwood Grove Phase VII 714 1018 S 90th Ave /9001 Garden Ave Cottonwood Grove Phase VII 715 1013 S 90th Ave Cottonwood Grove Phase VII 716 1015 S 90th Ave Cottonwood Grove Phaee VII 717 1017 S 90th Ave Cottonwood Grove Phase VII 718 1019 S 90th Ave /8903 Garden Ave Cottonwood Grove Phase VII 719 1012 S 89th Ave Cottonwood Grove Phase VII 720 1014 S 89th Ave Cottonwood Grove Phase VII 721 1016 S 89th Ave Cottonwood Grove Phase Vil 722 1018 S 89th Ave /8901 Garden Ave Cottonwood Grove Phase VII 723 1013 S 89th Ave /8803 Westbrook Ave Cottonwood Grove Phase Vit 724 1015 S 89th Ave /8804 Westbrook Ave Cottonwood Grove Phase VII 725 1017 S 89th Ave Cottonwood Grove Phase VII 726 1019 S 89th Ave Cottonwood Grove Phase VII 727 8902 Garden Ave Cottonwood Grove Phase VII 728 8904 Garden Ave Cottonwood Grove Phase VII 729 8906 Garden Ave Cottonwood Grove Phase VII 730 9002 Garden Ave Cottonwood Grove Phase VII 731 9004 Garden Ave Cottonwood Grove Phase VII 732 9006 Garden Ave 000. INDEX • 5 REVISED 5/11/2005 Cottonwood Sybdiv, Phases 1 -7 10:08 AM Cottonwood Grove Phase V 528 804 S 89th Ave Cottonwood Grove Phase V 529 803 S 89th Ave Cottonwood Grove Phase V 530 805 S 89th Ave Cottonwood Grove Phase V 531 909 S 89th Ave /8803 Midvale Rd Cottonwood Grove Phase VI 601 910 S 91st Ave Cottonwood Grove Phase VI 602 1000 S 91st Ave Cottonwood Grove Phase VI 603 1002 S 91st Ave Cottonwood Grove Phase VI 604 1004 S 91st Ave Cottonwood Grove Phase VI 605 1006 S 61st Ave Cottonwood Grove Phase VI 606 1008 S 91st Ave Cottonwood Grove Phase VI 607 1010 S 91st Ave Cottonwood Grove Phase VI 608 913 S 91st Ave Cottonwood Grove Phase VI 609 1001 S 91st Ave Cottonwood Grove Phase VI 610 1003 S 91st Ave Cottonwood Grove Phase VI 611 1005 S 91st Ave Cottonwood Grove Phase VI 612 1007 S 91st Ave Cottonwood Grove Phase VI 613 1009 S 91st Ave /9003 Grove Ave Cottonwood Grove Phase VI 614 1011 S 91st Ave /9004 Grove Ave Cottonwood Grove Phase VI 615 J10 S 90th Ave Cottonwood Grove Phase VI 616 1000 S 90th Ave Cottonwood Grove Phase VI 617 1002 S 90th Ave Cottonwood Grove Phase VI 618 1004 S 90th Ave Cottonwood Grove Phase VI 619 1006 S 90th Ave Cottonwood Grove Phase VI 620 1008 S 90th Ave /9001 Grove Ave Cottonwood Grove Phase VI 621 1010 S 90th Ave /9002 Grove Ave Cottonwood Grove Phase VI 622 913 S 90th Ave Cottonwood Grove Phase VI 623 1001 S 90th Ave Cottonwood Grove Phase VI 624 1003 S 90th Ave Cottonwood Grove Phase VI 625 1005 S 90th Ave Cottonwood Grove Phase VI 626 1007 S 90th Ave Cottonwood Grove Phase VI 627 1009 S 90th Ave /8903 Grove Ave Cottonwood Grove Phase VI 628 1011 S 90th Ave /8904 Grove Ave Cottonwood Grove Phase VI 629 1000 S 89th Ave Cottonwood Grove Phase VI 630 1002 S 89th Ave Cottonwood Grove Phase VI 631 1004 S 89th Ave Cottonwood Grove Phase VI 632 1006 S 89th Ave Cottonwood Grove Phase VI 633 1008 S 89th Ave /8901 Grove Ave Cottonwood Grove Phase VI 634 1010 S 89th Ave /8902 Grove Ave DOC. INDEX 4 REVISED 5/11/2005 Cottonwood Subdiv. Phases 1 -7 10:08 AM Cottonwood Grove Phase IV 457 8510 Garden Ave Cottonwood Grove Phase IV 458 8508 Garden Ave Cottonwood Grove Phase IV 459 8506 Garden Ave Cottonwood Grove Phase IV 460 8504 Garden Ave Cottonwood Grove Phase IV 461 8502 Garden Ave /1018 S 85th Ave Cottonwood Grove Phase IV 462 1011 S 85th Ave Cottonwood Grove Phase W 463 1013 S 85th Ave Cottonwood Grove Phase IV 464 1015 S 85th Ave Cottonwood Grove Phase IV 465 1017 S 85th Ave Cottonwood Grove Phase IV 466 1019 S 85th Ave Cottonwood Grove Phase V 501 911 S 89th Ave /8804 Midvale Rd Cottonwood Grove Phase V 502 910 S 89th Ave Cottonwood Grove Phase V 503 8902 Midvale Rd /908 S 89th Ave Cottonwood Grove Phase V 504 8904 Midvale Rd/911 S 90th Ave Cottonwood Grove Phase V 505 908 S 90th Ave /9002 Midvale Rd Cottonwood Grove Phase V 506 911 S 91st Ave /9004 Midvale Rd Cottonwood Grove Phase V 507 - 908 S 91st Ave /9102 Midvale Rd Cottonwood Grove Phase V 508 805 S 90th Ave /9001 Midvale Rd Cottonwood Grove Phase V 509 8905 Midvale Rd Cottonwood Grove Phase V 510 8903 Midvale Rd Cottonwood Grove Phase V 511 8901 Midvale Rd /802 S 89th Ave Cottonwood Grove Phase V 512 8904 Webster Ave/706 S 89th Ave Cottonwood Grove Phase V 513 8906 Webster Ave Cottonwood Grove Phase V 514 8908 Webster Ave Cottonwood Grove Phase V 515 8910 Webster Ave /803 S 90th Ave Cottonwood Grove Phase V 516 806 S 90th Ave /9003 Midvale Rd Cottonwood Grove Phase V 517 804 S 90th Ave Cottonwood Grove Phase V 518 802 S 90th Ave Cottonwood Grove Phase V 519 9001 Webster Ave Cottonwood Grove Phase V 520 8917 Webster Ave Cottonwood Grove Phase V 521 8913 Webster Ave Cottonwood Grove Phase V 522 8909 Webster Ave Cottonwood Grove Phase V 523 8905 Webster Ave Cottonwood Grove Phase V 524 8901 Webster Ave Cottonwood Grove Phase V 525 703 S 89th Ave Cottonwood Grove Phase V 526 705 S 89th Ave Cottonwood Grove Phase V 527 707 S 89th Ave DOC, INDEX • 8 REVISED 5/11/2005 Cottonwood Subdiv. Phases 1 -7 10:08 AM Cottonwood Grove Phase IV 418 8503 Westbrook Ave Cottonwood GrQve Phase IV 419 8501 Westbrook Ave /1010 S 85th Ave Cottonwood Grove Phase IV 420 _8708 Westbrook Ave /1015 S 88th Ave Cottonwood Grove Phase IV 421 8706 Westbrook Ave Cottonwood Grove Phase IV 422 - 8704 Westbrook Ave Cottonwood Grove Phase IV 423 8702 Westbrook Ave Cottonwood Grove Phase IV 424 8606 Westbrook Ave Cottonwood Grove Phase IV 425 8604 Westbrook Ave Cottonwood Grove Phase IV 426 8602 Westbrook Ave Cottonwood Grove Phase IV 427 8510 Westrook Ave Cottonwood Grove Phase IV 428 8508 Westbrook Ave Cottonwood Grove Phase IV 429 8506 Westbrook Ave Cottonwood Grove Phase IV 430 8504 Westbrook Ave Cottonwood Grove Phase IV 431 8502 Westbrook Ave /1014 S 85th Ave Cottonwood Grove Phase IV 432 8705 Garden Ave /1017 S 88th Ave Cottonwood Grove Phase IV 433 8703 Garden Ave Cottonwood Grove Phase IV 434 8701 Garden Ave Cottonwood Grove Phase IV 435 8607 Garden Ave Cottonwood Grove Phase IV 436 8605 Garden Ave Cottonwood Grove Phase IV 437 8603 Garden Ave Cottonwood Grove Phase IV 438 8601 Garden Ave Cottonwood Grove Phase IV 439 8509 Garden Ave Cottonwood Grove Phase IV 440 8507 Garden Ave Cottonwood Grove Phase IV 441 8505 Garden Ave Cottonwood Grove Phase IV 442 8503 Garden Ave Cottonwood Grove Phase IV 443 8501 Garden Ave /101 6 S 85th Ave Cottonwood GroVe Phase IV 444 8712 Garden Ave /1019 S 88th Ave Cottonwood GroVe Phase IV 445 8710 Garden Ave Cottonwood Grove Phase IV 446 8708 Garden Ave Cottonwood Grove Phase IV 447 8706 Garden Ave Cottonwood Grove Phase IV 448 8704 Garden Ave Cottonwood Grove Phase IV 449 8702 Garden Ave Cottonwood Grove Phase IV 450 8610 Garden Ave Cottonwood Grove Phase IV 451 86408 Garden Ave Cottonwood Grove Phase IV 452 8606 Garden Ave Cottonwood Grove Phase 1V 453 8604 Garden Ave Cottonwood Grove Phase IV 454 8602 Garden Ave Cottonwood Grove Phase IV 455 8514 Garden Ave Cottonwood Grove Phase IV 456 8512 Garden Ave DOC, INDEX # q- 2 REVISED 5/11/2005 Cottonwood Subdiv. Phases 1 -7 10:08 AM Cottonwood Grove Phase IN 339 8509 Grove Ave Cottonwood GroVe Phase 1I1 340 8507 Grove Ave Cottonwood Grove Phase III 341 8505 Grove Ave Cottonwood Grove Phase 111 342 8503 Grove Ave . Cottonwood Grove Phase 111 343 8501 Grove Ave /1004 S 85th Ave Cottonwood Grove Phase III 344 1009 S 88th Ave /8706 Grove Ave Cottonwood Grove Phase 111 345 8704 Grove Ave Cottonwood Grove Phase III 346 8702 Grove Ave Cottonwood Grove Phase III 347 $606 Grove Ave Cottonwood Grove Phase III 348 8604 Grove Ave Cottonwood Grove Phase III 349 8602 Grove Ave Cottonwood Grove Phase 111 350 8510 Grove Ave Cottonwood Grove Phase III 351 8508 Grove Ave Cottonwood Grove Phase III 352 8506 Grove Ave Cottonwood Grove Phase 11I 353 8504 Grove Ave Cottonwood Grove Phase I11 354 8502 Grove Ave /1008 S 85th Ave Cottonwood Grove Phase III 355 1001 S 85th Ave Cottonwood Grove Phase 1I1 356 1003 S 85th Ave Cottonwood Grove Phase III 357 1005 S 85th Ave Cottonwood Grove Phase III 358 1007 S 85th Ave Cottonwood Grove Phase 111 359 1009 S 85th Ave Cottonwood Grove Phase IV 401 1022 S 88th Ave Cottonwood Grove Phase IV 402 1024 S 88th Ave /8801 Westbrook Ave Cottonwood Grove Phase IV 403 1026 S 88th Ave /8802 Westbrook Ave Cottonwood Grove Phase IV 404 1028 S 88th Ave Cottonwood Grove Phase IV 405 1030 S 88th Ave Cottonwood Grove Phase IV 406 1032 S 88th Ave Cottonwood Grove Phase IV 407 1034 S 88th Ave Cottonwood Grove Phase IV 408 1036 S 88th Ave Cottonwood Grove Phase IV 409 8705 Westbrook Ave Cottonwood Grove Phase IV 410 8703 Westbrook Ave Cottonwood Grove Phase IV 411 8701 Westbrook Ave Cottonwood Grove Phase IV 412 8605 Westbrook Ave Cottonwood Grove Phase IV 413 8603 Westbrook Ave Cottonwood Grove Phase IV 414 8601 Westbrook Ave Cottonwood Grove Phase IV 415 8509 Westbrook Ave Cottonwood Grove Phase IV 416 8507 Westbrook Ave Cottonwood Grove Phase IV 417 8505 Westbrook Ave DOC, INDEX A �' 1 REVISED 5/11/2005 Cottonwood Subdiv. Phases 1 -7 10:08 AM Lot # Address Cottonwood Grrove Phase III 301 1002 S 88th Ave Cottonwood Grove Phase III 302 1004 S 88th Ave Cottonwood Grove Phase III 303 1006 S 88th Ave Cottonwood Grove Phase 111 304 1008 S 88th Ave Cottonwood Grove Phase III 305 1010 S 88th Ave Cottonwood Grove Phase III 306 1012 S 88th Ave Cottonwood Grove Phase III 307 1014 S 88th Ave Cottonwood Grove Phase III 308 1016 S 88th Ave CottonWood Grove Phase 111 309 1018 S 88th Ave Cottonwood Grove Phase III 310 1020 S 88th Ave Cottonwood Grove Phase III 311 1001 S 88th Ave /8705 W Arlington Ave Cottonwood Grove Phase III 312 8703 W Arlington Ave Cottonwood Grove Phase 111 813 8701 W Arlington Ave Cottonwood Grove Phase III 314 8605 W Arlington Ave Cottonwood Grove Phase III 315 8603 W Arlington Ave Cottonwood Grove Phase III 316 8601 W Arlington Ave Cottonwood Grove Phase 111 317 8509 W Arlington Ave Cottonwood Grove Phase III 318 8507 W Arlington Ave Cottonwood Grove Phase III 319 8505 W Arlington Ave Cottonwood Grove Phase 111 320 8503 W Arlington Ave Cottonwood Grove Phase III 321 8501 W Arlington Ave /1000 S 85th Ave Cottonwood Grove Phase III 322 1003 S 88th Ave / 8706 W Arlington Ave Cottonwood Grove Phase III 323 8704 W Arlington Ave Cottonwood Grove Phase III 324 8702 W Arlington Ave Cottonwood Grove Phase III 325 8606 W Arlington Ave Cottonwood Grove Phase 111 326 8604 W Arlington Ave Cottonwood Grove Phase III 327 8602 W Arlington Ave Cottonwood Grove Phase III 328 8510 W Arlington Ave Cottonwood Grove Phase 111 329 8508 W Arlington Ave Cottonwood Grove Phase 111 330 8506 W Arlington Ave Cottonwood Grove Phase 111 331 8504 W Arlington Ave Cottonwood Grove Phase 111 332 8502 W Arington Ave /1002 S 85th Ave Cottonwood Grove Phase III 333 1005 S 88th Ave /8705 Grove Ave Cottonwood Grove Phase III 334 8703 Grove Ave Cottonwood Grove Phase III 335 8701 Grove Ave Cottonwood Grove Phase 111 , 336 8605 Grove Ave Cottonwood Grove Phase 111 337 8603 Grove Ave Cottonwood Grove Phase 111 338 8601 Grove Ave DOC, INDEX ABC: EXHIBIT "B" Doc. NDEX �1 Washington State Department of Transportation South Central Region Douglas B. MacDonald 2809 Rod kin Road, Union Gap Secretary of Transportation P.O. Box 12560 Yakima, WA 98909 -2560 509- 577 -1600 TTY: 1- 800 - 833 -6388 Z�Citede� wsdot.wa.gov Cirie jAN 4 tV2005 P January 7, 2005 134 Mato 44, Dilik City of Yakima Planning Division 129 North Second St., City Yakima, WA 98901 -2637 Attention: Bruce Benson, Supervising Planner • Subject: UAZO Long Plat #3 -04, UAZA Rezone #6 -04, UAZO CL (2) #27.04 & UAZO EC #22 -04; Cottonwood Partners, LLC Cottonwood Grove Phases 3 through 7 (228 Lots, 331 Dwelling Units) South Side of Tieton Drive (8400 — 9200 Blocks) Thank you for giving us - the opportunity to comment on the proposed plat. The plat site is not adjacent to, or in the vicinity of, any WSDOT- maintained roads, and we have no comments. Thank you for the opportunity to review and comment on this plat. Sincerely, Salah Al- Tamimi, P.E. • Regional Planning Engineer • by: Scott Golbek, P.E., Assistant Regional Planning Engineer • SA: rhljjg . cc: File #31, Yakima County p:\ planning \devrev \yakimaco\yakcity cottonwood grove ph 3 -7.doc DOC. INDEX S - t sur �' 1889 00 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490 January 13, 2005 '1'W V j Your address er ∎�y/; is in the 'wfigriga■rztamma Lower Yakima tep r -- watershed Doug Maples City of Yakima Dept. of Community Development 129 North 2n Street Yakima, WA 98901 Dear Mr. Maples: Thank you for the opportunity to comment on the mitigated determination of nonsignificance.for the Cottonwood Grove Phases 3 through 7 rezone and subdivision, proposed by Cottonwood Partners, LLC [UAZO EC 25 -04] We have reviewed the environmental checklist and have the following comments. Shorelands/Environmental Assistance The SEPA checklist includes a map which shows a "Tract A" that abuts Shaw. Creek. No information is presented in the checklist which discusses what will happen in tract A. Is this a green or open space reserve? Lots 519 through 525 abut Shaw Creek, with lot lines extending to the creek bottom. The opposite side of the creek is located in tract A. If tract A is indeed open space, it is recommended that the required buffer (75 feet) from Shaw Creek be included in this open space tract. Buffers that are included in reserved and commonly shared open space usually fare better in keeping their functional integrity as opposed to being included within residential lot boundaries. If you have any questions concerning the Shorelands/Environmental Assistance comments, please contact Catherine Reed at (509) 575 -2616. Water Resources The water purveyor (Nob Hill Water Association) is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If you have any questions concerning the Water Resources comments, please contact Mark Dunbar at (509) 454 -4264. DO C. INDEX # A - l ��� Mr. Maples January 13, 2005 Page 2 of 2 Water Quality Erosion control measure must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. A stormwater construction permit may be required if there is a potential for discharge from a construction site larger than one acre. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. Please contact Ray Latham, of the Washington State Dept. of Ecology, at (509) 575 -2807, to determine if your site needs such a permit. 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 Don Abbott at (509) 454 -7838. Sincerely, ,,\OUCA61,-yk & iJ. Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 1391 • Da C. INDEX • Mr. Maples January 13, 2005 Page 2 of 2 • Water Quality Erosion control measure must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by Stormwater runoff. A stormwater construction permit may be required if there is a potential for discharge from a construction site larger than one acre. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. Please contact Ray Latham, of the Washington State Dept. of Ecology, at (509) 575 -2807, to determine if your site needs such a permit. 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 Don Abbott at (509) 454 -7838. Sincerely, • . (121-41-1-) • Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 1391 • �r-,, Df t ,: L . INDEX n - ` • RECgt%J • • JAN •1 8.2005 4' 4? " ` CITY OF YAKIrviA • PLANNING DIV. State of Washington • - .Department of Fish. and Wildlife Mailing Address: 600 Capitol Way N, Olympia WA 98501 -1091, (360) 902 -2200, TDD (360) 902 -2207 Main Office Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA January 12, 2005 • • City of Yakima ATTENTION: Doug Maples, Code Administration and Planning Manager 129 North. 2 Street - Yakima, Washington 98901 Dear Mr. Maples: • SUBJECT: State Environmental Policy Act Document; Comments for Cottonwood Grove Phases 3 -7: Proposed Long Plat ( #3 -04), Proposed Rezone ( #6 -04), and CL(2) Land Use Review ( #27 -04), File UAZO EC #25 -04 Preliminary Mitigated Determination of Non - Significance for Critical Areas Development along Shaw Creek, Tributary to Wide Hollow Creek, Yakima County, WRIA 37.0140. • • • The Washington Department of Fish and Wildlife (WDFW) has reviewed the above - referenced State Environmental'Policy Act (SEPA) document received on December 29, 2004, and offers the following comments at this time. We are concerned that the project proposal, if • implemented;_ caus'eg substantial loss Of opportunity to appropriately correct anthropogenic • deficiencies, in both the drainage and related ecologic functions of Shaw Creek. Imminent property casualties and continued fish habitat degradation caused by Shaw Creek flooding are otherwise inadequately addressed. We may offer additional comments as the • • • environmental review and project progresses. • ' • • Affected Watercourses • • Shaw Creek is a natural watercourse draining several square miles of agricultural, rural • •- residential, and suburban lands prior to its discharge to Wide Hollow Creek. It's a fish - bearing water of the state and contributes significant discharge to Wide Hollow Creek. Wide Hollow Creek supports •both.sea -going (anadromous) and resident salmonids (salmon and trout, including steelhead), although the habitat alterations and sedimentation it suffers limit its production • potential, for those species. As such, the maintenance and restoration o Shaw Creek's natural functions have clear implications for the recovery of quality fish habitats in Wide Hollow Creek. Shaw Creek itself is known to support- and has even greater potentials- to support salmonid species. DOC. • INDEX • Loug iviapies January 12, 2005 .Page 2of3 Currently, Shaw Creek is fully diverted from its natural bottomland watercourse into a constructed ditch at both its base and bank full discharges. This course change begins in the vicinity of 96 Avenue. From there, it unnaturally traverses the hill slope above the area of the proposed action. Currently, the Yakima County Critical Areas layer is mis- mapped and does not include this lower segment of the watercourse. Past agricultural use of the bottomlands likely provided cause to change the location of Shaw Creek long ago. Unfortunately, the constructed ditch is perched and, as such, completely loses its continuity with over -bank flows i.e. floodwaters. Those flows beyond its conveyance capacity have tended to flow through the area of the current and proposed phases of the Cottonwood Groves development, which are largely in the natural bottomlands. Residential flooding resulting in property damages along Midvale Road to the southeast of there is also a well -known result of past Shaw Creek runoff events. Photographic (circa 1999) and documentary evidence of this are enclosed. Since Shaw Creek still captures its natural bottomlands during floods and there, . are no diversionary water rights downstream of the natural -to- artificial channel divergence point, the diversion may no longer have a legal standing. The Department of Ecology should consider whether this amounts to an illegal diversion of water.. In any case,. Shaw's bottomlands should be legitimately added into Critical Areas jurisdiction too, as they are frequently flooded. Both the flooding and habitat degradation problems are intertwined. Waters running through . bare, disturbed, cultivated, or developed land surfaces tend to entrain excessive amounts of sediment and often - harmful biotoxins. The polluted overland flows can then re -enter natural watercourses to the detriment of healthy ecologic functions downstream. Conversely, in the case of Shaw Creek, natural habitat - forming and habitat - renewing processes are short circuited when the higher- energy flood flows diverge and separate from the artificial, ditched watercourse. Accumulated silts and excessive vegetation growth in the perched ditch cannot be naturally scoured away periodically and its conveyance capacity: diminishes. increasingly with time,_.,., sending more and more water over bank. The potential to maintain a modicum of fish habitat in the constructed_ ditch is also correspondingly impossible due to the lack of scouring flows and shallowing depths. Dredging, diking, or piping this state water are poor - and shall remain - unacceptable solutions to the problem from a natural resources standpoint. For both fish and people, it's unfortunate this situation was created and remained. Now that land uses in the bottomland are changing from agriculture; it is time to consider reversing this problematic legacy of the prior land use. We strongly urge provision in an approval of the proposed land use for reconstruction of a Shaw Creek channel, natural in function, connecting to Wide Hollow Creek. Attributes of this channel should include: 1) generally follows the natural topographic lows toward Wide Hollow Creek. 2) is meandering in form with vertical roughness elements, emulating natural channel features. 3) supports some lateral bank scour and channel migration 4) is within a conservancy corridor where healthy riparian vegetation can be established and sustained (150 feet is a.sensible and consistent minimum figure for the average corridor width). 5) has sufficient capacity to contain and convey 25 -year discharges, or greater. DOC, INDEX V l: January 12, 2005 ' :Page 2 of 3 Currently, Shaw Creek is fully diverted from its natural bottomland watercourse into a constructed ditch at both its base and bank full discharges. This course change begins in the - vicinity of 96 Avenue. From there, it unnaturally traverses the hill slope above the area of the proposed action. Currently, the Yakima County Critical Areas layer is mis- mapped and does not include .this lower segment of the watercourse. Past agricultural use of the bottomlands likely provided cause to change the location of Shaw Creek long ago. Unfortunately, the constructed ditch is perched and, as such, completely loses its continuity with over -bank flows i.e. floodwaters. Those flows beyond its conveyance capacity have tended to floes through the area of the current and proposed phases of the Cottonwood Groves development, which are largely in the natural bottotnlands. Residential flooding resulting in property damages along Midvale Road to the southeast of there is also a well -known result of past Shaw Creek runoff events. Photographic (circa 1999) and documentary evidence of this are enclosed. Since Shaw Creek still captures its natural bottomlands during floods and there . are no diversionary water rights downstream of the natural -to - artificial channel divergence point, the diversion may no longer have a legal standing. The Department of Ecology should consider whether this amounts to an illegal diversion of water. In any case, Shaw's bottomlands should be legitimately added into Critical Areas jurisdiction too, as they are frequently flooded. Both the flooding and habitat degradation problems are intertwined. Waters running through bare, disturbed, cultivated, or developed land surfaces tend to entrain excessive amounts of sediment and often - harmful biotoxins. The polluted overland flows can then re -enter natural watercourses to the detriment of healthy ecologic functions downstream. Conversely, in the case of Shaw Creek, natural habitat - forming and habitat- renewing processes are short circuited when the higher-energy flood flows diverge and separate from the artificial, ditched watercourse. Accumulated silts and excessive vegetation growth in the perched ditch cannot be naturally scoured away periodically and its conveyance capacity diminishes increasingly with time, sending more and more water over bank; The potential to maintain a modicum of fish habitat in the constructed ditch is also correspondingly impossible due to the lack of scouring flows and Shallowing depths. Dredging, diking, or piping this state water are poor - and shall remain - unacceptable solutions to the problem from a natural resources standpoint. For both fish and people, it's unfortunate this situation was created and remained. Now that land uses in the bottomland-are, changing from agriculture; it is time to consider reversing this problematic legacy of the prior land use. We strongly urge provision in an approval of the proposed Land use for reconstruction of a Shaw Creek channel, natural in function, connecting to Wide Hollow Creek. Attributes of this channel should include: 1) generally follows the natural topographic lows toward Wide Hollow Creek. 2) is meandering in form with vertical roughness elements, emulating natural channel features. 3) supports some lateral bank scour and channel migration 4) is within a conservancy corridor where healthy riparian vegetation can be established and sustained (150 feet is a sensible and consistent minimum figure for the average corridor width). 5) has sufficient capacity to contain and convey 25 -year discharges, or greater. DOC. INDEX # A I • • January 12, 2005 Page 3 of 3 There are a multitude of benefits to natural resources, as well as the current and future local communities and their development, by restoring a more - natural and consolidated Shaw Creek connection to Wide Hollow Creek. The WDFW is willing to provide technical assistance toward implementing this provision. However, the Yakima County Surface Water Division should be the greatest outside resource in its ultimate planning and implementation. Within the scope of the entire SEPA checklist submitted for Phases 3 thru 7 of Cottonwood Groves, we find portions to be materially incorrect, incomplete, and/or they inadequately address the potential for environmental degradation from the proposed land use. There are no provisions to keep the development, its stormwater, and the Shaw Creek overflow separated at all. People and their property will be put in harm's way. If the proponent wishes to sustain the current proposal, WDFW recommends the re -filing of SEPA to better reflect the actual environmental conditions, or issuance of a DS by the Lead Agency. • Thank you for the opportunity to provide these comments. If you have any questions, please contact me at (509) 457 -9310. • Sincerely, • • Eric Bartrand Area Habitat Biologist EB:eb Enclosures: Documents- 4; Photographs- 21 Ecc: John Knudsen, County Surface Water Management Mike Kerins, County Long Range Planning Joanna Dixon, WDOE • • • Doc. INDEX • « r R :f =_ yF P u bl ic Serv 0 > =r±►° =;:fit � �<��;�,ar� >:.>� 128 North Second Street • Fourth Floor Courthouse • Yakima, Washington 98901 (509) 574 -2300 • 1- 800 -572 -7354 • FAX (509) 574 -2301 • www co.yakima.wa.us �PAK11111A • coue•rr VERN M. REDIFER, P.E. - Director CITY RECEIVED • January 20, 2005 JAN .2 7 2005 Doug Maples, Codes and Planning Manager • _ PLA OP YA K1MA • City of Yakima Planning Division i'�ANI�j HIV 129 N. 2° Street Yakima, WA 98901 VIA FAX AND MAIL RE: Environmental Review for the Cottonwood Partners subdivision (UAZO EC #25 -04, • • . . . .. UAZO Long Plat #3-04, LJAZO Rezone #6 -04, LAZE? CL.(2) #27 -04) Dear Mr. Maples: Thank you for the opportunity to review the above project. Our apologies that these comments did not arrive on time. However we have information you might find useful in your review, and pertinent to the transportation needs of this part of the City. • The proposed development in the City of Yakima called Cottonwood Grove Phase 3 thru 7 borders on the East next to a proposed 56 lot development in Yakima County called Meadowview (SUB04 -091). The Meadowview development has included provisions for connecting through to the West, in anticipation of this Cottonwood Grove Phase 3 thru 7 development. This was deemed necessary to facilitate a logical road network that provides for future access alternatives for police protection and emergency services for both the Cottonwood Grove complex and the Meadowview development. We request that the Cottonwood Grove Phase 3 thru 7 plat be modified to provide this connection and enhance the accessibility of police and emergency services to future residents. We believe this should be a requirement under SEPA as a lack of proper access represents an environmental impact regarding transportation of Public Services. Thank you for the opportunity to comment on this project. If you have any questions, please contact us. Sincerely, Dean Patterson Environmental and Natural Resources Manager DOC. G:\Development Services \Users \DEANP\MISC \REVIEWS \Yak Cottonwood SEPA.doc INDEX # A , • Written Summary of MDT Comments Date: 1/18/05 To: DEANPATTERSON From: JUDY POZARICH RE: Project Name: CITY OF YAKIMA/ COTTONWOOD PARTNERS, LLC Project Number: PRJ 2005 -00011 Assessor Tax ID: 181330- 21005, 24004, 24006, 13003 Description of project: NEW LONG PLAT, REZONE, ENVIRONMENTAL REVIEW AND SUBDIVISION DEVELOPMENT Written comments from the Multi Disciplinary Team Members are summarized below. Building: NO COMMENTS RECEIVED Fire: Fire - No Comments AJL Health District: Health District: No Comments ANM Road Approach:The proposed development in the City of Yakima called Cottonwood Grove Phase 3 thru 7 borders on the East to a proposed 56 lot development in Yakima County called Meadowview (SUB04- 091). The Meadowview development has included provisions for connecting through to the West in anticipation of this Cottonwood Grove Phase 3 thru 7 development. This was deemed necessary to facilitate a logical road network that • provides for future access alternatives for police protection and emergency services for both the Cottonwood Grove complex and the Meadowview development. We request that the Cottonwood Grove Phase 3 thru 7 plat be modified to provide this connection and enhance the accessibility of police and emergency services to future residents: We believe this should be a requirement under SEPA as a lack of proper access represents an environmental impact regarding transportation of Public Services. MPC Surface Water: Surface Water: No comments.DMB DOG. Page 1 oft INDEX 14 A • Utilities: Utilities - No comments.JES Zoning Current: Zoning Environmental: NO COMMENTS RECEIVED Additional Notes: Page 2 of 2 DOC. INDEX EXHIBIT "C" Doc INDEX # _c WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON April 8, 2005 PROJECT DESCRIPTION: Cottonwood Grove Subdivision Phases 3 through 7. A proposed subdivision of approximately 63 V2 acres into 225 Lots, 2 Tracts; the rezoning of approximately 32 acres from R-1, Single- Family residential to R -2, Two - Family Residential; Class (2) Land Use Review for the construction of single - family attached (common wall) residences within the R -1 zoning district. This proposed development is located in an R -1 zoning district within the City of Yakima and proposes full urban services, including sewer, water, and public streets. PROPONENT: Cottonwood Partners, LLC P.O. Box 8353 Yakima, WA 98908 LOCATION: No known address; general location is the southwest comer of Midvale Road and South 88 Avenue. LEAD AGENCY: City of Yakima, Department of Community & Economic Development FILE NUMBER: UAZO EC #25 - ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary and Mitigated Determination of Nonsignificance for phases one and two of the Plat of Cottonwood Grove (Yakima County Environmental Review No. SEP 99 -36) adopted April 25, 2000; Environmental Review Document for Cottonwood Grove Subdivision (Yakima County SEP 99 -36, CUP 99 -81, SUB 99 -109 dated April 23, 2000). DETERMINATION: The lead agency for this proposal has preliminarily determined that the project will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures Listed below are taken to mitigate potential adverse impacts. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request at the City of Yakima Planning Division. This MDNS is issued under WAC 197 -11 -340 (2). There is no further comment period for this MDNS. IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES: MDNS Cottonwood Grove Subdivision D O C Phases 3 —7, EC #25.-04 INDEX # 4_1 Substantive authority to require mitigation is derived from WAC 197 -11 -660, Yakima Municipal Code YMC 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations, which provide substantive authority to require mitigation under the State Environment Policy Act. A. Two Points of Ingress/Egress: To protect the occupants of Cottonwood Grove Phases 3 through 7 from problems relating to inadequate fire, Iife and safety provisions, the number of lots permitted with a single access road and the length of dead end streets are limited. As is set forth in Appendix D of the International Fire Code, only 30, or fewer, residential units are generally allowed on a single access road. No more than 30 dwelling units may be constructed within the bounds of Cottonwood Grove, Phases 3 — 7 without the provision of a Fire Marshall approved secondary access road. This road shall consist of a double layer of BST surfacing over a right -of -way or mutually revocable easement of at least 20 -feet in width, or as permitted by the Fire Marshall. It is required that provision be made to connect the public street network of Cottonwood Grove with the public street providing access through the plat of Meadowview. This interconnection may be utilized to fulfill the secondary point of access requirement, however, the following locations are also acceptable for this roadway: 1) Midvale Road from S 80 Avenue west to the connect to the public roads within the plat, 2) Nob Hill Boulevard west from S 80 Avenue to the public roads within the plat, 3) Wide Hollow Road north to the public roads within the plat and 4) from any other location as approved by the Fire Marshall. B. Dust Control: Before any grading or construction, appropriate plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority. C. Storm Water Control: A fmal binding stormwater and drainage control plan shall be provided for the entire property prior to construction of improvements for any area of the development. The plan shall: i. Be developed by a licensed professional engineer in consultation with the City Engineer. ii. Provide for separation of stormwater and floodwater, where possible. ll1. Provide onsite retention and treatment of the increased stormwater runoff generated by both the residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. iv. Use a 25 -year design storm. MDNS Cottonwood Grove Subdivision 2 Phases 3 —7, EC #25 -04 DOC. INDEX v. Use runoff measurements that appropriately estimate runoff from impervious surfaces, residential lawns, etc. vi. Provide the location, description, and design of water management structures, i.e. drainage swales, retention ponds, dry wells, etc. vii. Washington Department of Ecology shall be contacted to schedule a site inspection to determine if a General Stormwater Permit is needed. All applicable local, state, and federal stormwater permits or other requirements shall be obtained or met. D. Flood Protection: This property is not located within a Federal Emergency Management Agency (FEMA) mapped floodplain. The Washington State Dept. of Ecology indicates that the causes of floodwater accumulation on this property lie outside the conditions normally used to establish flood hazard areas, however, there is historic evidence of flooding on the low -lying areas of this property, generally located south of the stream. Consequently, the following flood control measures are required: i. A flood flow channel shall be established in the vicinity of historic flood flow paths. A location generally located along the north line of phase five of this subdivision is acceptable. ii. An easement shall be established on the final plat that provides long term protection of the flood flow channel, unless, in the future, an alternate flow path is established outside this subdivision. iii. Fences, structures, driveways, etc. shall not encroach into or obstruct the flood flow channel. iv. The area within this easement shall be modified through grading to direct flood flows through the development. The channel shall consist of a flat bottom 20 -feet wide and approximately one -foot deep with sloped sides for a total width of 30 -feet. Entry and exit points of the channel shall be gently merged into existing grades. v. The channel shall be constructed with a minimum of excavation or filling. E. Critical Areas Setbacks and Protections: Shaw Ditch has been determined by the Department of Fish and Wildlife to be a Type 3 stream that supports fish and is protected by the Yakima County Critical Areas Ordinance, which the City of Yakima has adopted. The items listed below are required unless future modifications are made to the steam to re- establish a natural stream corridor in another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues, and lots may be reconfigured appropriately. MDNS Cottonwood Grove Subdivision 3 DO C. Phases 3 —7, EC #25-04 INDEX # _( • i. Generally, a 50 -foot wide building setback and vegetative buffer is required from the ordinary high water mark on either side of the stream. However, to accommodate variations of the adjacent topography (the north stream bank being higher than the south), the buffer may be modified to be wider on one side than the other. At no point will the buffer be less than 25 -feet from the ordinary high water mark. The buffer widths for both sides of the stream must add up to 100 -feet or more. 11 The stream corridor through the property shall be restored through reconstruction of the channel to a more natural form and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross - section shown in the Ditch Management and Protection Zone drawing utilized for Cottonwood Grove phases one and two. The reconstruction shall be accomplished such that the channel is returned to its prior configuration before leaving the property, and structural measures provided to maintain the transition. The revegetation should be performed as was done for phases one and two. iii. The vegetative buffer may be incorporated into the adjoining lots provided the vegetative buffer is shown as an easement and a note is placed on the face of the plat which states: "Those portions of this plat along Shaw Ditch are subject to the City of Yakima Critical Areas Ordinance. A building setback and vegetative buffer must be maintained from the ordinary high water mark of Shaw Ditch, as indicated on the plat. No fences, structures or other development is permitted within the buffer area (other than the road and utility crossings allowed at the initial construction of this development), as it is to be maintained in a natural state. Other special development standards may apply, and permits may be required for certain types of development. Information may be obtained from the City of Yakima Department of Community and Economic Development Department. This restriction applies while Shaw Ditch remains classified as a critical area." F. Grading Plan: A Grading Plan shall be submitted for the entire property prior to construction of improvements for any area of the development. The plan shall: i. Include the design and construction of the water management structures needed to meet the Stormwater and Drainage Control requirement. ii. Include provisions to meet the Flood protection requirements, if any. iii. Include all proposed modifications to the Shaw Creek and associated buffer. iv. Include procedures for dealing with the soil limitations listed in the United States Dept. of Agriculture /Washington State Department of Natural MDNS Cottonwood Grove Subdivision 4 Phases 3 7, EC #25 -04 DOC. INDEX • Resources soil survey for Yakima County. Of particular interest are likelihood of wind and water erosion and potential hardpan limitations. The procedures should include phasing or similar methods to limit the amount of exposed soils at one time. CONTACT PERSON: Contact Bruce Benson, Supervising Planner. Call (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: April 8,2005 SIGNATURE: lum *I You may appeal th - ermination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. No later than: April 25, 2005 By (method) Complete 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. ❑ There is no agency appeal. MDNS Cottonwood Grove Subdivision 5 Phases 3 —7, EC #25 -04 D O C INDEX # �� COTTONWOOD PARTNERS, LLC Hearing Examiner Exhibit List CHAPTER B Maps EXHIBIT # DOCUMENT DATE B -1 Maps: Vicinity, Mailing, Aerial, Zoning and Atlas 9/14/04 L L —14 1 I .. < y 111 _ WWALNIIT ST a' i w ; \ D E 3L — . I ,) N — — rm. roioaw !it. Dr - °"O1t . o I . . 1111 .• .. Pi* . ______-- � 4 ^ NE __ --. .. • /I'6 - : • • , SRIST , I •y •' • ) . . a . . • 11 11 Md vale 9 : .Li 1111 MIDVALE ROAD •• 1 ' IIII l . . 1 •• 1 1 1 WIDE HOLLOW NO wma xdl na _ - Wide Hollow Rd CITY OF YAKIMA, WASHINGTON VICINITY MAP °o s ° s FILE NO: RZ6 -04, EC25 -04, CL2 -27 -04 & LNGPLT3 -04 ik APPLICANT: WHAT THE HAY, LLC ® Subj eC Property REQUEST: PREL LONG PLAT, REZONE, ENVIRONMENTAL; ,.FAkd Yakima City Limits REVIEW & SUBDIVISION DEVELOPMENT ' Hera 1.1 i ief600ft ' LOCATION: VICINITY OF 8900 BLOCK MIDVALE RD. '' , B -t t �, : '., 600 RZ6 - 0409/14/04 A jy ) , 111 I ! 9 W WAS, ST I • �1 9 W R 6 I nwm a nee. . Town Or r 11°" ■ ,,---- 21402 / 41W 1 12006 , / 1 2� 124T 1403 21002 X515 MAC L . 459 t ' 22406 I, U t 50 124 6 1 �-- 1 1 21011 0 ' 437 • 408 ��,��� - 11411 12. ,Yiiim..,.. 12 . �� j, u 4 4 ( — 21005 2'W OD BIUSTDL WA 12 2 12404 21006 21401 12 1 11gE • 1 11024 11412 ' 11026 � wJ j� �4 22404 134 4 L ' 1 11 f 1 04 1 02 �d•w R 22 010 � / 1• 1 1• , 1. 1 40J3401 ' 1 7 1 a, s MIDVALE ROAD F ',�' T 3 A - 13135 134 . ' 4 42Y 424 :4. � � a x11 14401 14410 � 14002 24.:. ill mor 1 140 • 1 13003 I 23003 24006 1 1 • (24 I - 114 /010 41400 41011 1 42001 31001 31002 31003 — WOE HOLLOW RO Wid•Hollow Rd CITY OF YAKIMA, WASHINGTON [ I Notified Property FILE NO: RZ6 -04, EC25 -04, CL2 -27-04 & LNGPLT3-04 Owners within 500 Ft APPLICANT: WHAT THE HAY, LLC N Subject Site REQUEST: PREL LONG PLAT, REZONE, ENVIRONMENTAL H REVIEW & SUBDIVISION DEVELOPMENT X46 T LOCATION: VICINITY OF 8900 BLOCK MIDVALE RD. °. 1 ! 'y . PARCELNUMBER(S):18133021005 18133024004 18133024006 �8133ca ?1Q�ppt � /fe"* ' 600 L `J ., • .RZ6-04 09/14/04 0 300 rilePE X # 3_ r I r in t - *71 1 - I 1 ' . ti, , - r,. -0,: : 3--- • ' „ Al' • ' t t if . 41 • _ ri, _l , • , k •Ii. 1 ,0 -0- - Irliti 4 *if ‘,... x i * ; �, , r . ' rig, - s'- . A . Y 1 : , i ! 4.. • . �1# ) y y • O VIt 1.1, • Y *, ri ;.1 • • • L. _ • , .1...1.-' Q if i lip y 1 _ - 4 IP e. + , . icy • i q • Y•'y - •s %i e 7 - , tod -. ill 4 1, a_ Applet .- • . '' i r CITY OF YAKIMA, WASHINGTON _...de -l"' =600tt Information Services - GIS a 1txt NU s FILE NO: RZ6 -04, EC25-04, CL2 -27-04 & LNGPLT3 -04 � ' , ; Subject Property APPLICANT: WHAT THE HAY, LLC 1 N i REQUEST: PREL LONG PLAT, REZONE, ENVIRONMENTAL Yakima City Limits REVIEW & SUBDIVISION DEVELOPMENT LOCATION: VICINITY OF 8900 BLOCK MIDVALE RD. DOC. RZ6 - 04 09/14/04 RZ6 -04, EC25 -04, CL2 -27 -04 & LNGPLT1.04 D SR Suburban Resident, WHAT THE HAY LLC 1 1 R -, Single-Family Resia.... al �',''-- '""�_� I7 R -2 Two - Famiy Residential l PREL LONG PLAT, REZONE ENVIRONMEN . Multi Family Residential _-__ x :: i B -1 Profession! Business rii REVIEW & SUBDIVISION DEVELOPMENT - B -2 Local Business IIIININME' VICINITY OF 8900 BLOCK MIDVALE RD. =I 11B Historical Business - BiNN I I SCC Small Convenience Center LCC Large Convenience Center ■ ■ , Subject Property - CBD Central Business District 111 r ♦ I 1 CBDS CBD Support -----`" — City Limits 1 1 M -1 Light Industrial - M -2 Heavy Industrial I I -- 1 -- - -- }''—j �. _— — 1I L I 1 1 t ` 1 j — II 1 o sl - - - - --1 - r I I h CZ r _ ri IMiTOLWAY — N .i ■•• 1 1 77777 o •moo I , TI i l I 1 1 11 1 t N V O h U W 0 • N IX I I 1 • o Scale — li❑ =600tt City of Yakima, Washington DOC.` ( . • o 300 600 INDEX to h. s RZ64a s September 14, 2004 # ig _. , • •�,. ; e• ACIII Current ODi r24. Yakima � R R ! _, _, �, • • _ _ _ Water & Sewer L_ — i I T F L ' - _ CURRENT ZONING - - - AC 1 > - - - - - N Water Line .,--- i < a w ' ' � SR Suburban Residential > I _ N 1 W L R-4 Single- Family Residential N i G I v 1 E W _co_ _- N Sewer Lines 0- >_ V • S 0) _ — - - - >- - -- - tn m — Q- � \ R- Two-Family Residential . - to m awsr� _ __ Irrigation Main • - N e nero rt I ' r - - -- - 0 �- _ n - _ I . R-3 Multi- Family Residential ` � MIDVALERD o B-1 Professional Business -- ,- MIDVALERD ( " . 8-2 Local Business - . HB Historical Business I - SCC Small Convenience Center - . LCC Large Convenience Center -- - -_ . CBD Central Business District - -- - --._ ' CBDS CBD Support M-1 Light Industrial I M-2 Heavy Industrial - Subject Site ,A N FI LE NO R2e -04, EC25 -04, C12 -27 -04 & LNGPLT3- \ 1 / - APPLICANT: WHAT THE HAY, LLC W /' \ C CO cn N Future ,� Z ; ' Digital CO Land Use ,; ''''''N's t ; �=' E_ co Orthophoto ~ I y I — I ' / �^ - f • ' ! +r Mosaic of Digital ; ' o I - i —� \ ,� . � , -•'.� �y I . � Orthophotography a _?.7.\ f.,. i s t flown 08 /01/2002 ^P��y w — t� ,�' Subject Property -113 p :::j_� FUTURE LAND USE s � 4 t N to o , Low Density Residential t,` a 1 1 1 N I- Medium Density Residential ` mo t - a �._ t _ _ -- -. , ' • , ii A! ' ; 1�• • . •. ■ T. High Density Residential `11.:{1 - ti- n -:•••• '- `py - ac s ,� { MIDVALERD -- '; t •i 7 J � 0, f ; . i Professional Office r r I • • O � - - II I Neighborhood Commercial ..A. t l ll II RP ORATE O fie .' Large Convenience Center Arterial Commercial • I _ t • • II CBD Core Commercial : CITY OF VAKIMA It i - ._- DEPARTMENT COMMUNITY AND Industrial _ �_ iiii tp�itpppt�t aa��� 1� -- • t t ECONOMIC DEVELOPEMENT Urban Reserve ; ►„' 129 North Second Street Subject Site , s':.....' . *.'1%,* 1r' �� ' Is , Yakima, Washington 9BM ,t•.,. y � '' . t Phone: (5091575 OF 611�DEX ^ F (09) 75 -610 5 L H I-1 5 5 # 1 �' 1 ! " - _ All maps shownatl = 8001 6 ` N h On e page Atlas: rz6 -04 � ' �3 .. _. -. AMEN Created: September 14, 2004 COTTONWOOD PARTNERS, LLC Exhibit List CHAPTER C Site Plan EXHIBIT # DOCUMENT DATE C -1 Site Plan 8 -30 -04 • .f2 0 TO • puy uq .t crrq� ] e 334019 NSWN:. T-P ' ,mK ] Wt ]dK TOf no. AREA: 19901 ACRE . 334395 FROM CITY p' YMYAM ORTCP310,C 202032 I1,059 Tor. AREA IN L0is: 22594 AM W. AREA N 12013 ACRE TOTAL AREA N IDIS al9k ACRE TOTAL AMA N w0s 9.00* ACRE TMN. ARLA N ROAM SIN ALTS TOTAL NSA IN 90409 2094 ACNE - I 36 003040 941 LOTS 10 CNNpI wµ1. LOTS ,0 COKE, LOTS I • T ` . 0 1 1'2 04 723 1 ALY OELCI1E0 LOTS 44 IAi6 Tn LY 0413014o3 Lois 997 OM S/IL6A 1 • ��� M SOlI 91ST OINRTE OF M N7 NCE 1 T O sr. 0. . Cr 5.44 YMI SJNRA. 400 IMIS2ILRI. p�}1TµA Z YCIIW ]]qq 104154.4. f] woo. 444023 14 LAST. MAIL • ,00 0 ,m 200 MO ..00.111'-'- � 1 TOTAL MIA: 9.904 ACRE Excl7i TF NOM 22300 IQT'maw. j TOT ,21?i 6] 1! .rtF[ iWL MIN ,0.,• ACRE 10 AZ IN; 2Wk 1 TOOk11G 111114 M 1d10SAli COMM CC NE M091NMF!.T TOTAL MIA N 3019 23.31* ACRE TOTAL AREA N LOTS: 1053! ACRE 32 RP= 101$ 00401191 OF 7331134 ]0. 1061491r 1] NOM RWOE 10 GRAPHIC SCALE ' --- TOTAL AMA 140 500.0* 4.301 Ac9L TOW AREA N ROAM 5.24t ACRE 9,1, LNOS/NAA INC WT 3213.50 FELT TR RO% 100 O1PlE1f LOTS 29 CON./ MW. Lars 44310E ,0 MT. Mx i a 0.M 1.9R5/1L114, 40 SW= WRY OETACIN LOTS . � - - - 1 , M LOTS TOTAL T 0611 60.03 W FEET C L d 1F walnlcr K V — � i _ -_- am UmM2L.t o i EAST. MY 04 04 e OF YCll01, 313, lOWtali 13 4014040, M110C 10 . y TO K AMA 10.654 M! C [ 10404:4 MN M WEST 1900 FELT OF M WEST NNF - -.._.1 TOTAL MCA N LOTT 7.909 ACRE I 01 M 40134040451 OWna Cr INC 6016,64L1T MARTO1 LOT 319 ' I TO 31 WPM LOTS 2.724 ACRE • OI SEMON 39 TOM/9W 13 NOTOMNORM { � 2+ Ai,' _ i 7.79 ,R M LOTS ECM M NOM 3900 MET ORME IC/1 ROM. • TOmTWT 11611 M SdOiSAST OUNTER OF TIE NORNGR 611 r 71 1 13049,36 M TNC 03501201 COMBS OF =6`100 30. 2091; r k LOT 105235 31 ) -----1 I 1 WOW 13 NoRIN, RANGE 10 CAST. M.4 • tot 3,> I I 310 -. 1 "°°k ' N 1 1 WE3S OMFANSE q E 0 10 UMI Y AND DRMNGE ENL $ • W I,R4.9.FRI111/E , ! A M r9t2anu woo MEp1rok a c0,e,6UCT[G ro COY a' YNO •s734 _' 1 PHASES 1 MD 2 4 , AWR[ s E9N vAzvN9N1L�.0FINE, N • �" , .):.a -.". i A - - -- --- - - --- "WON KU M. MOVE ROHM WEST/Imc A4p{ic *co littizt Lor �, I 1 1 I I I 1 i S1M I AV 35.4:114 TO OE CONSTRI = n DOMINO 3 NO ! �jm,3 ( I I 1 1 1 1 1 1 i ; i a WnE a10EWr2x aoN am r M znTtET S 1 L i ` i -' - f 1 9 45.1949, e w66a alm L -{ y _ —_.a_ —__ -- _- , 1 r � 10 IC�WM S1RI m d 1 M 10 IE OEOMATtD. IWO ' 49 111011Nt now LOT In 913 • _ —T- - - 1 - - T �_ -- - 1 -T- - T' T T_ - I . _ _ T T• - T�1 - . TT• — 1 1 mY OF WAWA An N04495. w°E SYSTEMS . I 900, 9901 I . E �'j � • r i I ( 1 1 I 1 1 1 I I I 1 1 1 1 I 1 '' H,- L TO m DISTAIIm PER 1 d '' / lm 30, I , 4 i I 1 1 1 1 1 1 1 I 1 I I 1 1 ALL a9a 410 3345 Mkt TO 9F O N 6a 1.109=1 DnurM[ ' 3, I I � I 9MU 1 I 1 I 1 I 1 1 1 1 i 1 1 i 1 1 1 1 :. . I 1 60334100 3 1 1 I I 1 I 1 1 I I 1 I 1 1 1 1 I 1 1 WIR _ by ��SL',•�/ W M � O � NMC O' D TED TO �Dt AWN TARES N ISMS . .. I laT 031 Il' .-• rf• i/ Lm 311 -Lm 3,2 LOT ]n Lm 7,s Lm 3v Lm ]IM Lm 3,9 al M I LLW 91693 BE OC !OR RVE1 NU. ATER ASSCC OR 40. • Rtop I OE4011 Im ni LoT 40 7 14 40 L OT 3. 1 9] 9 04 . ... 3 2'I = 19 100 TO BE O F n Nm NU. WATER TOTER 110 1 1 6639 1 9949 I LAM — — — — — — — — _, � . - J • • 1 �� _ � (or w ``':1 _ -_ _ . x1003 WE I1mn 100 E I� 00 wro,I I " 3 04 _ �� am .� 99e , Y tl i ,* ' — — — 11111M120 - -- WV t9F � � per ��9.xM:��' I i 3a 'rQ— - LOT iia LOT sb - - • IWI Ni 1 ra ss I I ,... au I ; lam i I �� 3 - K'...: R � c �T, woe= . I . � �� � � yar .. ®© I5f ]]2 LO ,. Lm 3% cirigsw � A /'/ �V LOT OM i' 640 `✓ - 'F'�Nf lam+ OS -Lm - - 9'+3 -0! � ON . UL] 3 D / $ wit A,vuE R i I .nwk E:L' :1I --' --. ".� .. .. .. .. .. . � p7 y � 20 �� II ( ( ESE � M - WT yM w I 1 - ` 1 rna324" 9:, 1 1111:11E. Twl �'t"^.�! I LMtm fSWR ' n,b ( - ' I ^ p, n , /n, A • I 1 . � '+ ' �r ®���1� _� FAD, �'1 I LOT TO ' VT .. 0 0 7 T 20 ; 1 LO f ,. 1r 75111:4 .• • NI r"+v+e.+•r+^n•� _q L+ . � Ir M,23 I I N1N M i . I M - MIN 11; I L m 7 . 1 1 933 1„ OT T1 0 1 1 ) ! 11 05144 93109 3 0311 4 �# I T: f a7 \. +3,1119 . A i� i , 100213— -- — -- — - - — I i L 700 71 LO T 7 . L0 131 - . #u � r 0 '1'0\.‹) p A 1 I Mfek M,N Mf. 9„40 4 [W '` / IDI 700 7 /[< t y' Z`.1 J ' M]2k 1 ; LOT ]1] I I 717 L IAI 77 1 ; 1 yl ^ ; C:32+-'''';' . I.OT .123 IDI .2 ► LOF 424 LOTS Lm 1.9:147 LR ,�( 30 :1131 ,3 = 1. 4 1 MIN M,N MiN ), 72704 7 ,'A! 74040 >. 7.704 71634 P• } ♦ 1 �Ol 1 l 4 1 01 44 L OT CF lOT u e Tor L M1 ID ,12 I: . / 4 I ( NS7L� C IE In 712 r' L I I -2NOF I '! �. — — — — — — _ _ I I !, O ` v SET3 % ,v wan 99624 J ` a2• 7604 7 °04 79404 o Tm TY �r� !_J- l— ,L`�ihaC',Y� I i .� .L I1J,Y . 1 �•s.:t: - .� ci;."; 1100004. ALLA10 �- I•, 1 EXPIRES SUtiB S, Z00 J 1 ^ 03404 OT 73 elm 6 LO r 140' + 6.. •s- • m 700 Far » , Far 7 � •� J __. _ �I '' v _... (�_ 61111111ggiiiikileitii � W 'Ll* - w� B -Z4 -0 4..40 I -� - / 11� NOB HILL BLVD .3 1t40 .n • CN 2 J 4-4.i--'‘ / pro .44:%,37;11164+214, \ J • , I -x.-0+ HIELA s T"� 7 OF °°R 'ne ( A r r:. M o N N Hearing Exa �: r ` F± . -'."..4.4.,„„.„ AEl3m 302 A.9 ` .. •;AWL WA. 9e9m • EXH - -( Date. - • • ; ' . 06191 331) UM ]:. 1-04' • L *. 3 - 444�w9�L1 /r o•.. • • COTTONWOOD PARTNERS, LLC Exhibit List CHAPTER D DST Comments EXHIBIT # DOCUMENT DATE D -1 Request for Comments 9 -29 -04 D -2 Agencies Contacted 9 -29 -04 D -3 Comments from Max Linden, City Wastewater Division 9 -29 -04 D -4 Comments from Scott Schafer, City Wastewater / Utilities 9 -29 -04 D -5 Comments from Sandy Cox, City Code Administration 9 -20 -04 D -6 Transportation Capacity Analysis Application and Comments from Joan 9 -16 -04 Davenport, City Traffic Engineering Division D -7 Comments from Yakima County Public Services 1 -3 -05 D -8 Comments from Al Rose, City Engineering 9 -12 -04 Al Rose Project Engineer CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF SEPTEMBER 29, 2004 TO: City of Yakima Development Services Team FROM: Bruce Benson, Supervising Planner DATE: September 15, 2002 SUBJECT: Master Land Use Application: UAZO LONG PLAT #3 -04, UAZO RZ # 6 -04, UAZO EC #25 -04, UAZO CL (2) #27 -04. PROPOSAL: 228 Lot Long Plat. LOCATION: NKA, approximately in the vicinity of 8900 Block of Midvale. This project is immediately to the south and west of the first phase of Cottonwood Grove. PARCEL NUMBERS: 181330- 21005, 24004, 24006, and 13003 Please review the attached materials 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 September 29, 2002 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 e-mail address is bbenson ©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 -6042. COMMENTS: (1 1 / I �o o S ro al w 0 '� — ki �5 4- rook- o tG- A/e-In. e. -- k d Coo r G® e.. -tom ® o ros o a �.c�1 i 4 � . C o -e. ( -mac- ? 1 r cr 4 frt ,o- 1 w 1 -1 Y o \f L -- a.. j e c o ,n. G Q e C s s 4 -1--L erv- c_eXs" Co (64-, . e_e-r 1 vt-q ?/z 7/59-- -J Contact Department / Agency INDEX • } �Z.1T• SERVICE •E • • t''' P ubttc ) " i • * . -- O 128 North Second Street • Fourth Floor Courthouse • Yakima, Washington 98901 (509) 574 -2300 • 1- 800 -572 -7354 • FAX (509) 574 -2301 • www.co.yakima.wa.us !QED VERNM. REDIFER, P.E. - Director [ E '' E _ W iE si t 1 i , f: JAN ; s '-. REQUEST FOR COMMEND 1 ` 2 4 20 05 DATE: 1/3/2005 YAKIMA COUNTY DEVEEOPMENT SERVICES CENTER TO: \fanning Division FROM: David E. Saunders, P.E., R.A., C.B.O. Building & Fire Safety Manager\Building Official RE: Notice of Master Land Use Application concerning property located in the vicinity of where the 8900 block would cross. UAZO Long Plat #3 -04, UAZO Rezone #6 -04, UAZO CL (2) #27 -04, UAZO EC #25 -04. COMMENTS OF: Code Enforcement: A( ( 1 11 (M 11 .k Fire Marshal: A/it l/2 /6C-7/7 Permit Services Supervisor: Filed Hearing Examiner EXH # �� 7 Date -os File# °. EL . N 'LAT _ --04 } • ``� , , ,, DEPARTMENT OF PUBLIC WORKS �:' 2301 Fruitvale Blvd. Yakima Washington 98902 �..:..::. a g . ' Phone (509) 575 -6005 l,tlt,,,x ()RATED - 9 _ YAKIMA COUF: I Y PL ANiiii{G September 16, 2004 200 SEP 22 AM 7: 42 Bill Hordan Hordan Planning Services 410 N 2 St Yakima, WA 98901 Subject: Transportation Concurrency Application for Cottonwood Partners, LLC Dear Bill, The City of Yakima Traffic Engineering Division has received the application for Transportation Concurrency for the above noted development. This letter is to inform you, as the applicant, that the Concurrency Review will not be processed until the threshold decision under the State Environmental Policy Act (SEPA) is issued by the City of Yakima. This is the standard procedure used by the City of Yakima to ensure consistency of the review process. Should you have any questions or concerns, please give me a call at (509)576 -6417. Sincerely, fv 0-44 RECEIVED j:'. Davenport SEP 2 2 22 s upervising Traffic Engineer 4 CITY ®p vaI £ki'��R Copy: Chris Wilson, Planning Division PLANNING OPV RECEIVE] * x v 2004 DOC ` PROS. ATTY' '�' YAKIMA COUNTY INDEX b'''_ " . b.A Yakima an•amaticaaty Administration 575 -6005 • Equipment Rental 575 -6005 • Parks & Recreation 575 -6020 • Refuse 575 -6005 , I 1 a I Street 575 -6005 • Traffic 575 -6005 • Transit 575 -6005 1994 • RECEIVED AUG 3 0 2004 City of Yakima, Washington CITY OF YA K',,; a TRANSPORTATION CAPACITY ANALYSIS PLANNING INN '4.`a. The Washington State Growth Management Act (RCW 36.70A.070) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted Yakima Municipal Code Section 12.03 to implement this local requirement.ghe information you provide with this application will be used to estimate the impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFORMATION FEE: $250 (Receipt # ) Applicant Name: 6triravbiogb tC(- Contact Person: e13, Mailing Address: / //' Nt 2 ST fI- +xrv 'A 161 Project Address: 44 eqoL' ACA 1U/ OE 124 1 Parcel Number: /g/33D — 2,/oos' Dipts 2,voot. id 34)P3 a�I EA :emu :.. , . ......:.. ........ ti; . Number of Units 33 1 Describe Describe - Ge.4+r+o) Housing Type: Type: bctf' j" Gross Floor Area: Gross Floor Area: (single family, Apartment, condo, MHP) Special Population: Parking Spaces: Parking Spaces: (Assisted Living, Nursing Home, etc) (Required/Provided) . ( Required/Provided) Other: Number of Employees Number of Employees (Day Care, Church, etc) • Project Description: 0/ Car< 5/.046 C' 36, tvz-s - - i, 0,.,4,4.0 4.444.) f 3 tors )u /max / * * ** *PLEASE ATTACH A SITE PLAN * * * ** Submit this .form , attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Division b 2301 Fruitvale Boulevard, Yakima, WA 98902 Phone: 509/575 -6005 DOC : INDEX Y � DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ,-;� Offz of Coe msadeci... ( r Doug ce Maples CB Code trtion Admin. co and s @ Planning kima Manager • www.ci.yakima.wa.us a V ,:,,,,o 129 North Second Street, 2nd Floor ry °a . 'w ` >° Yakima, Washington 98901 it °R`oR" xs (509) 575 -6126 or 575 -6121 • Fax (509) 576 -6576 September 20, 2004 To: Bruce Benson From: Sandy Cox Re: UAZO LONG PLAT #3 -04 ETC Rich Hochrein Residences within 3 ft of property lines are required to be completely separated from a footing and one -hour wall up to the underside of the roof deck. The same also applies to any duplexes on one lot. The requirement for draft stops in attics for multi - family was deleted in the 2003 IRC: Yakima D O C. nn•wcasms INDEX .;?..; # 1994 • FRO M • Scott Schafer W astewater/Utilities CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF SEPTEMBER 29, 2004 pity of Yakima Development Services Team : Bruce Benson, Supervising Planner DATE: September 15, 2 ,?ool( SUBJECT: Master Land Use Application: UAZO LONG PLAT #3 -04, UAZO RZ # 6 -04, UAZO EC #25 -04, UAZO CL (2) #27 -04. PROPOSAL: 228 Lot Long Plat. LOCATION: NKA, approximately in the vicinity of 8900 Block of Midvale. This project is immediately to the south and west of the first phase of Cottonwood Grove. PARCEL NUMBERS: 181330- 21005, 24004, 24006, and 13003 Please review the attached materials and prepare any written comments you might have regarding this proposal. This prof 2 iII come up for discussion at the weekly DST meeting to be held September 29, 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 e-mail address is bbenson ©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 -6042. COMMENTS: T'RETREi /MS 410 cot-wow ■ Contact Department / Agency DOC. - INDEX • • • Ma ' den Waste ater tilites CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF SEPTEMBER 29, 2004 T. _ 'woe -. - ..men - - _- uce Benson, Supervising Planner DATE: September 15, 2002 SUBJECT: Master Land Use Application: UAZO LONG PLAT #3 -04, UAZO RZ # 6 -04, UAZO EC #25 -04, UAZO CL (2) #27 -04. PROPOSAL: 228 Lot Long Plat. LOCATION: NKA, approximately in the vicinity of 8900 Block of Midvale. This project is immediately to the south and west of the first phase of Cottonwood Grove. PARCEL NUMBERS: 181330- 21005, 24004, 24006, and 13003 • Please review the attached materials 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 September 29, 2002 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 e-mail address is bbenson @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 -6042. COMMENTS: /1/(/ L //1/b (>_) Contact Department / Agency DOC. f ;.., INDEX 1 1 DST PACKETS DISTRIBUTION LIST Applicant: What the Hay, LLC UAZO# Long Plat #3 -04, et al Date of Meeting: September 29, 2004 City of Yakima Divisions / Yakima County Planning & Public Works: ` Codes Doug Maples 'Traffic Engineering Joan Davenport 2 Codes Joe Caruso 14 Street Break Inspector /Engrng. Dan Riddle , IrPCodes Sandy Cox 15 Parks & Recreation Denise Nichols 4 Codes Carolyn Belles 16 Transit Ken Mehin Codes Jerry Robertson 17 Transit Gary Pira Engineering Al Rose 18 Police Dept. Mike Vowell t3 ater / Irrigation Mike Shane 19 Police Dept. Ben Hittle ✓ 4 0 astewater /Utilities Scott Schafer 20 Police Dept. Greg Copeland 1 astewater /Utilities Max Linden 21 Refuse Nancy Fortier v el , Utility Services Pete Hobbs 22 Yakima County Public Works Vern Redifer d 1 Fire Dept. Lanny Bonsen 23 Yakima County Planning Steve Erickson / Fire Dept. Ron Melcher Other Agencies: 21 Nob Hill Water Preston Shepherd 6111 Tieton Dr. 98908 W. ���ry{� y i aa . 23 WA State Department of Ecology Debbie Smith 15 W. Yakima Ave Suite 200 98902 � ` 6l s , M -4 trOM '�P �, hn . '>> ° r..._ r W - -gam " Pacific Power & Light Co Mike Paulson 500 No Keys Rd 98901 6 Cascade Natural Gas Co. Sheila Ross 701 S. 1st Ave. Yakima, WA. 98902 9 ° © ,:i.,,,.,, € „,,,,,,,,-;R. �� � ”, 9 ms s' �1'�� ° P i� ; ', � ,> r � n � -f ? .,. � .,., ...a?�^ �.* ..2:. �'���" �dmF � ' ??. ' t — ?')z+. �.. 7x_ .,. � 29 West Valley School District #208 Peter Ansingh 8902 Zier Rd. 98908 31 County Clean Air Authority Les Ornelas 6 S. 2nd St. Rm 1016 33 Yakima Greenway Foundation _ Al Brown 111 S 1�18•tth St 98901 9 y. '�!. ..N j fi, : IC Y om' LuS 6 4t�f 5r `Li A g M S,. a.. n.s 0:` . a.,y. ?+ 8B,Y 4, r .t -�. ° , ;x k: i� , s_ '�r.� C s o e � � � a ° i � • 1 r 35 Yakima County 911 Wayne Wantland YPD ' 041.1,",1,4. 451 u : h c 1 AVRT. ° 8 �� r. >0a A l )'". ° ' * ` o P ` 37 Department of Wildlife Ted Clusing 1701 S. ° `' � 2 � 4th Ave 98902 vS °Its .) ° 14 ` ; `: s w � k '`(ii �1'"iV a ° W j 'o P o 39 WSDOT(Department of Transportation) Salah Al- Tamimi 2809 Rudkin Rd. Union Gap, WA 98903 . 711 t*: , J-; <' a r Y wl z 7 F S . gl 5 ..., i ° 'a W x. 41 Yakama Indian Nation Bill Beckley P.O. Box 151 Toppenish, WA 98948 �� v:' g �������i ©y ,3 3.i��'� `. =�w�� ?r�if�i�X ��s � �'£ ����t. � �,�� � °� � ,;s�3`> �:�,� {��m��� P..,..P g � 3�� 43 Trolleys Jerry Henderson 309 N. 35th Ave 98902 (�/� '''; K E a-' s a t�5 x �j r . A b ''.£s r`' ` V M C A. y - 9 �(�ry �j#4 P 8903 45 WSDOT, Aviation Division John Shambaugh 3704 172nd St. NE, Suite K -2 41( AArlington, WA 98223 �Se1,1 5, ? Atli en in ct /•y (D1.2-(g / DOC.Th. .4 ,t � no! Oa IND # • p CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF SEPTEMBER 29, 2004 TO: City of Yakima Development Services Team FROM: Bruce Benson, Supervising Planner DATE: September 15, 2002 SUBJECT: Master Land Use Application: UAZO LONG PLAT #3 -04, UAZO RZ # 6-04, UAZO EC #25 -04, UAZO CL (2) #27 -04. PROPOSAL: 228 Lot Long Plat. LOCATION: NKA, approximately in the vicinity of 8900 Block of Midvale. This project is immediately to the south and west of the first phase of Cottonwood Grove. PARCEL NUMBERS: 181330 - 21005, 24004, 24006, and 13003 Please review the attached materials 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 September 29, 2002 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 e-mail address is bbenson ©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 (500) 575 -6042. COMMENTS: Contact Department / Agency DOC. INDEX • • COTTONWOOD PARTNERS, LLC EXHIBIT LIST CHAPTER E SEPA REVIEW EXHIBIT # DOCUMENT DATE E -1 Environmental Checklist 8 -30 -04 E -2 Preliminary Mitigated Determination of Nonsignificance 12 -28 -04 E -3 Notice of Application, Preliminary Mitigated Determination of 12 -28 -04 Nonsignificance and Public Hearing and Request for Comments E -4 500 -ft. radius adjoining property owners and SEPA Agencies notified 12 -28 -04 E -5 Affidavit of Mailing of Notice of Application 12 -28 -04 E -6 Comments from Scott Golbek, WSDOT, Union Gap, WA 1 -7 -05 E -7 Comments from Gwen Clear, Dept. of Ecology, Yakima, WA 1 -13 -05 E -8 Comments from Judy Pozarich to Dean Patterson, Yakima County 1 -18 -05 E -9 Comments from Dean Patterson, Yakima County 1 -20 -05 E -10 Final Mitigated Determination of Nonsignificance 4 -8 -05 E -11 Notice of Final Mitigated Determination of Nonsignificance 4 -8 -05 E -12 500 -ft. radius adjoining property owners and SEPA Agencies notified 4 -8 -05 E -13 Affidavit of Mailing 4 -8 -05 E -14 Press Release of SEPA Decision 4 -8 -05 E -15 Legal Notice of SEPA Decision 4 -8 -05 NOTE* For Eric Bartrand, WA State Dept. of Fish and Wildlife comments see Chapter H, Exhibits H -18 & H -20 LEGAL NOTICE WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON April 8, 2005 PROJECT DESCRIPTION: Cottonwood Grove Subdivision Phases 3 through 7. A proposed subdivision of approximately 63 1 /2 acres into 225 Lots, 2 Tracts; the rezoning of approximately 32 acres from R -1, Single - Family residential to R -2, Two - Family Residential; Class (2) Land Use Review for the construction of single - family attached (common wall) residences within the R -1 zoning district. This proposed development is located in an R -1 zoning district within the City of Yakima and proposes full urban services, including sewer, water, and public streets. PROPONENT: Cottonwood Partners, LLC P.O. Box 8353 Yakima, WA 98908 LOCATION: No known address; general location is the southwest corner of Midvale Road and South 88 Avenue. LEAD AGENCY: City of Yakima, Department of Community & Economic Development FILE NUMBER: UAZO EC #25 -04 ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary and Mitigated Determination of Nonsignificance for phases one and two of the Plat of Cottonwood Grove (Yakima County Environmental Review No. SEP 99 -36) adopted April 25, 2000; Environmental Review Document for Cottonwood Grove Subdivision (Yakima County SEP 99 -36, CUP 99 -81, SUB 99 -109 dated April 23, 2000). DETERMINATION: The lead agency for this proposal has preliminarily determined that the project will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse impacts. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request at the City of Yakima Planning Division. This MDNS is issued under WAC 197 -11 -340 (2). There is no furt er comment period for this MDNS. Filed Hearing Examiner MDNS Cottonwood Grove Subdivision Phases 3 —7, EC #25 -04 I- Dixie YIIti :x 9,391 ...lo _ IDENTIFIHD ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES: Substantive authority to require mitigation is derived from WAC 197 -11 -660, Yakima Municipal Code YMC 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations, which provide substantive authority to require mitigation under the State Environment Policy Act. A. Two Points of Ingress/Egress: To protect the occupants of Cottonwood Grove Phases 3 through 7 from problems relating to inadequate fire, life and safety provisions, the number of lots permitted with a single access road and the length of dead end streets are limited. As is set forth in Appendix D of the International Fire Code, only 30, or fewer, residential units are generally allowed on a single access road. No more than 30 dwelling units may be constructed within the bounds of Cottonwood Grove, Phases 3 — 7 without the provision of a Fire Marshall approved secondary access road. This road shall consist of a double layer of BST surfacing over a right -of -way or mutually revocable easement of at least 20 -feet in width, or as permitted by the Fire Marshall. It is required that provision be made to connect the public street network of Cottonwood Grove with the public street providing access through the plat of Meadowview. This interconnection may be utilized to fulfill the secondary point of access requirement, however, the following locations are also acceptable for this roadway: 1) Midvale Road from S 80 Avenue west to the connect to the public roads within the plat, 2) Nob Hill Boulevard west from S 80 Avenue to the public roads within the plat, 3) Wide Hollow Road north to the public roads within the plat and 4) from any other location as approved by the Fire Marshall. B. Dust Control: Before any grading or construction, appropriate plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority. C. Storm Water Control: A final binding stonnwater and drainage control plan shall be provided for the entire property prior to construction of improvements for any area of the development. The plan shall: i. Be developed by a licensed professional engineer in consultation with the City Engineer. ii. Provide for separation of stormwater and floodwater, where possible. iii. Provide onsite retention and treatment of the increased stonnwater runoff generated by both the residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. iv. Use a 25 -year design storm. MDNS Cottonwood Grove Subdivision 2 DOC. `y, Phases 3 —7, EC #25 -04 INDEX v. Use runoff measurements that appropriately estimate runoff from impervious surfaces, residential lawns, etc. vi. Provide the location, description, and design of water management structures, i.e. drainage swales, retention ponds, dry wells, etc. vii. Washington Department of Ecology shall be contacted to schedule a site inspection to determine if a General Stounwater Permit is needed. All applicable local, state, and federal stormwater permits or other requirements shall be obtained or met. D. Flood Protection: This property is not located within a Federal Emergency Management Agency (FEMA) mapped floodplain. The Washington State Dept. of Ecology indicates that the causes of floodwater accumulation on this property lie outside the conditions noiuially used to establish flood hazard areas, however, there is historic evidence of flooding on the low -lying areas of this property, generally located south of the stream. Consequently, the following flood control measures are required: i. A flood flow channel shall be established in the vicinity of historic flood flow paths. A location generally located along the north line of phase five of this subdivision is acceptable. ii. An easement shall be established on the final plat that provides long term protection of the flood flow channel, unless, in the future, an alternate flow path is established outside this subdivision. iii. Fences, structures, driveways, etc. shall not encroach into or obstruct the flood flow channel. iv. The area within this easement shall be modified through grading to direct flood flows through the development. The channel shall consist of a flat bottom 20 -feet wide and approximately one -foot deep with sloped sides for a total width of 30 -feet. Entry and exit points of the channel shall be gently merged into existing grades. v. The channel shall be constructed with a minimum of excavation or filling. E. Critical Areas Setbacks and Protections: Shaw Ditch has been determined by the Department of Fish and Wildlife to be a Type 3 stream that supports fish and is protected by the Yakima County Critical Areas Ordinance, which the City of Yakima has adopted. The items listed below are required unless future modifications are made to the steam to re- establish a natural stream corridor in another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues, and lots may be reconfigured appropriately. MDNS Cottonwood Grove Subdivision 3 DOC. Phases 3 —7, EC #25 -04 INDEX • i. Generally, a 50 -foot wide building setback and vegetative buffer is required from the ordinary high water mark on either side of the stream. However, to accommodate variations of the adjacent topography (the north stream bank being higher than the south), the buffer may be modified to be wider on one side than the other. At no point will the buffer be less than 25 -feet from the ordinary high water mark. The buffer widths for both sides of the stream must add up to 100 -feet or more. ii. The stream corridor through the property shall be restored through reconstruction of the channel to a more natural form and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross - section shown in the Ditch Management and Protection Zone drawing utilized for Cottonwood Grove phases one and two. The reconstruction shall be accomplished such that the channel is returned to its prior configuration before leaving the property, and structural measures provided to maintain the transition. The revegetation should be perfoitited as was done for phases one and two. iii. The vegetative buffer may be incorporated into the adjoining lots provided the vegetative buffer is shown as an easement and a note is placed on the face of the plat which states: "Those portions of this plat along Shaw Ditch are subject to the City of Yakima Critical Areas Ordinance. A building setback and vegetative buffer must be maintained from the ordinary high water mark of Shaw Ditch, as indicated on the plat. No fences, structures or other development is permitted within the buffer area (other than the road and utility crossings allowed at the initial construction of this development), as it is to be maintained in a natural state. Other special development standards may apply, and permits may be required for certain types of development. Information may be obtained from the City of Yakima Department of Community and Economic Development Department. This restriction applies while Shaw Ditch remains classified as a critical area." F. Grading Plan: A Grading Plan shall be submitted for the entire property prior to construction of improvements for any area of the development. The plan shall: i. Include the design and construction of the water management structures needed to meet the Stotmwater and Drainage Control requirement. ii. Include provisions to meet the Flood protection requirements, if any. iii. Include all proposed modifications to the Shaw Creek and associated buffer. iv. Include procedures for dealing with the soil limitations listed in the United States Dept. of Agriculture/Washington State Department of Natural MDNS Cottonwood Grove Subdivision 4 DOG. Phases 3 —7, EC #25 -04 INDEX # p -IS • Resources soil survey for Yakima County. Of particular interest are likelihood of wind and water erosion and potential hardpan limitations. The procedures should include phasing or similar methods to limit the amount of exposed soils at one time. CONTACT PERSON: Contact Bruce Benson, Supervising Planner. Call (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: April 8,2005 SIGNATURE: William Cook © You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. No later than: April 25, 2005 By (method) Complete 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. ❑ There is no agency appeal. PLEASE PUBLISH ONCE ONLY ON FRIDAY, APRIL 8, 2005 Send Invoice and Affidavit of Publication to: Account #11002 City of Yakima, Planning Division 129 N. 2nd St. Yakima, WA 98901 MDNS Cottonwood Grove Subdivision 5 DOC, Phases 3 —7, EC #25 -04 INDEX PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON April 8, 2005 PROJECT DESCRIPTION: Cottonwood Grove Subdivision Phases 3 through 7. A proposed subdivision of approximately 63 1/2 acres into 225 Lots, 2 Tracts; the rezoning of approximately 32 acres from R -1, Single - Family residential to R -2, Two - Family Residential; Class (2) Land Use Review for the construction of single - family attached (common wall) residences within the R -1 zoning district. This proposed development is located in an R -1 zoning district within the City of Yakima and proposes full urban services, including sewer, water, and public streets. PROPONENT: Cottonwood Partners, LLC P.O. Box 8353 Yakima, WA 98908 LOCATION: No known address; general location is the southwest corner of Midvale Road and South 88 Avenue. LEAD AGENCY: City of Yakima, Department of Community & Economic Development FILE NUMBER: UAZO EC #25 -04 ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary and Mitigated Determination of Nonsignificance for phases one and two of the Plat of Cottonwood Grove (Yakima County Environmental Review No. SEP 99 -36) adopted April 25, 2000; Environmental Review Document for Cottonwood Grove Subdivision (Yakima County SEP 99 -36, CUP 99 -81, SUB 99 -109 dated April 23, 2000). DETERMINATION: The lead agency for this proposal has preliminarily determined that the project will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse impacts. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request at the City of Yakima Planning Division. This MDNS is issued under WAC 197 -11 -340 (2). There is no further comment period for this MDNS. DOGw NIDNS Cottonwood Grove Subdivision INDEX , :'- ` .'....,. Phases 3 —7, EC #25 -04 IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES: Substantive authority to require mitigation is derived from WAC 197 -11 -660, Yakima Municipal Code YMC 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations, which provide substantive authority to require mitigation under the State Environment Policy Act. A. Two Points of Ingress/Egress: To protect the occupants of Cottonwood Grove Phases 3 through 7 from problems relating to inadequate fire, life and safety provisions, the number of lots permitted with a single access road and the length of dead end streets are limited. As is set forth in Appendix D of the International Fire Code, only 30, or fewer, residential units are generally allowed on a single access road. No more than 30 dwelling units may be constructed within the bounds of Cottonwood Grove, Phases 3 — 7 without the provision of a Fire Marshall approved secondary access road. This road shall consist of a double layer of BST surfacing over a right -of -way or mutually revocable easement of at least 20 -feet in width, or as permitted by the Fire Marshall. It is required that provision be made to connect the public street network of Cottonwood Grove with the public street providing access through the plat of Meadowview. This interconnection may be utilized to fulfill the secondary point of access requirement, however, the following locations are also acceptable for this roadway: 1) Midvale Road from S 80 Avenue west to the connect to the public roads within the plat, 2) Nob Hill Boulevard west from S 80 Avenue to the public roads within the plat, 3) Wide Hollow Road north to the public roads within the plat and 4) from any other location as approved by the Fire Marshall. B. Dust Control: Before any grading or construction, appropriate plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority. C. Storm Water Control: A final binding stormwater and drainage control plan shall be provided for the entire property prior to construction of improvements for any area of the development. The plan shall: i. Be developed by a licensed professional engineer in consultation with the City Engineer. ii. Provide for separation of stormwater and floodwater, where possible. iii. Provide onsite retention and treatment of the increased stomiwater runoff generated by both the residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. iv. Use a 25 -year design storm. MDNS Cottonwood Grove Subdivision 2 DOC. Phases 3 —7, EC #25 -04 INDEX • v. Use runoff measurements that appropriately estimate runoff from impervious surfaces, residential lawns, etc. vi. Provide the location, description, and design of water management structures, i.e. drainage swales, retention ponds, dry wells, etc. vii. Washington Department of Ecology shall be contacted to schedule a site inspection to determine if a General Storniwater Permit is needed. All applicable local, state, and federal stormwater permits or other requirements shall be obtained or met. D. Flood Protection: This property is not located within a Federal Emergency Management Agency (FEMA) mapped floodplain. The Washington State Dept. of Ecology indicates that the causes of floodwater accumulation on this property lie outside the conditions normally used to establish flood hazard areas, however, there is historic evidence of flooding on the low -lying areas of this property, generally located south of the stream. Consequently, the following flood control measures are required: i. A flood flow channel shall be established in the vicinity of historic flood flow paths. A location generally located along the north line of phase five of this subdivision is acceptable. ii. An easement shall be established on the final plat that provides long term protection of the flood flow channel, unless, in the future, an alternate flow path is established outside this subdivision. iii. Fences, structures, driveways, etc. shall not encroach into or obstruct the flood flow channel. iv. The area within this easement shall be modified through grading to direct flood flows through the development. The channel shall consist of a flat bottom 20 -feet wide and approximately one -foot deep with sloped sides for a total width of 30 -feet. Entry and exit points of the channel shall be gently merged into existing grades. v. The channel shall be constructed with a minimum of excavation or filling. E. Critical Areas Setbacks and Protections: Shaw Ditch has been determined by the Department of Fish and Wildlife to be a Type 3 stream that supports fish and is protected by the Yakima County Critical Areas Ordinance, which the City of Yakima has adopted. The items listed below are required unless future modifications are made to the steam to re- establish a natural stream corridor in another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues, and lots may be reconfigured appropriately. MDNS Cottonwood Grove Subdivision 3 DOC. =;... Phases 3 —7, EC #25 -04 INDEX i. Generally, a 50 -foot wide building setback and vegetative buffer is required from the ordinary high water mark on either side of the stream. However, to accommodate variations of the adjacent topography (the north stream bank being higher than the south), the buffer may be modified to be wider on one side than the other. At no point will the buffer be less than 25 -feet from the ordinary high water mark. The buffer widths for both sides of the stream must add up to 100 -feet or more. ii. The stream corridor through the property shall be restored through reconstruction of the channel to a more natural fouii and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross - section shown in the Ditch Management and Protection Zone drawing utilized for Cottonwood Grove phases one and two. The reconstruction shall be accomplished such that the channel is returned to its prior configuration before leaving the property, and structural measures provided to maintain the transition. The revegetation should be performed as was done for phases one and two. iii. The vegetative buffer may be incorporated into the adjoining lots provided the vegetative buffer is shown as an easement and a note is placed on the face of the plat which states: "Those portions of this plat along Shaw Ditch are subject to the City of Yakima Critical Areas Ordinance. A building setback and vegetative buffer must be maintained from the ordinary high water mark of Shaw Ditch, as indicated on the plat. No fences, structures or other development is permitted within the buffer area (other than the road and utility crossings allowed at the initial construction of this development), as it is to be maintained in a natural state. Other special development standards may apply, and permits may be required for certain types of development. Information may be obtained from the City of Yakima Department of Community and Economic Development Department. This restriction applies while Shaw Ditch remains classified as a critical area." F. Grading Plan: A Grading Plan shall be submitted for the entire property prior to construction of improvements for any area of the development. The plan shall: i. Include the design and construction of the water management structures needed to meet the Stormwater and Drainage Control requirement. ii. Include provisions to meet the Flood protection requirements, if any. iii. Include all proposed modifications to the Shaw Creek and associated buffer. iv. Include procedures for dealing with the soil limitations listed in the United States Dept. of Agriculture/Washington State Department of Natural MDNS Cottonwood Grove Subdivision 4 Phases 3 —7, EC #25 -04 INDEX # = ::' Resources soil survey for Yakima County. Of particular interest are likelihood of wind and water erosion and potential hardpan limitations. The procedures should include phasing or similar methods to limit the amount of exposed soils at one time. CONTACT PERSON: Contact Bruce Benson, Supervising Planner. Call (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: April 8,2005 SIGNATURE: William Cook © You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. No later than: April 25, 2005 By (method) Complete appeal application foul). 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. ❑ There is no agency appeal. MDNS Cottonwood Grove Subdivision 5 DOC .. Phases 3 —7, EC #25 -04 INDEX AFFIDAVIT OF MAILING SEPA NOTICE STATE OF WASHINGTON CITY OF YAKIMA Re: EC #25 -04 COTTONWOOD PARTNERS, LLC Vicinity of southwest corner of Midvale Rd. & S. 88th Ave. 1, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision, Compliance with the Washington State Environmental Policy Act (SEPA). A true and correct copy of which is enclosed herewith; that said notice was mailed to the applicant, adjoining property owners within a 500 -foot radius, public and private agencies and parties of record, which are individually listed on the mailing lists retained by the Planning Division. That said notices were mailed by me on the 8th day of April ,2005. That 1 mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. (L-7,4;11, Christine Wilson Planning Specialist DOC, INDEX • 181330 -1343, ,81330- 12421. S IT CREST CONS UCTION LLC S►MITCRES' CONSTRb...ION LLC S 1330 -1 PO : 91 o PO : •X 8 0 St MITC ST CO UCTJ ON LLC YAKT i• 'IA 98907 -0910 PO 8310 - `,�"". YAKIMA, WA 98908 -8310 YAKIMA, WA 96908 -8310 181330 -13420 :1330-1342 SUMMITCREST CONSTRUCTION LLC S MITCRE• CONSTRU '.ION LLC Sk 1 MITCR3 T CONSTRU` +ION LLC 704 S 88TH AVE 704 AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YO .A,:310 YAKIMMA, WA 98908-8310 1 1330 -13426 1 1330 -13427 1 1330 -13428 5 MITCREST ONS R,CTION LLC S ITCREST�'ONSTRUC'. ON LLC S MTTCREST e NSTRU T ON LLC PO OX 83 PO 83143 -- PO OX 83 ® °tee_ --- KAKI , A 98908 -8310 UNION GAP, WA 98903 UNIO WA 98903 1 1 181330 -13407 181330 -14410 181330 -12435 3UNRISE CONSTRUCTION NW LLC TAMMY V GARRETT 92 W V & PEGGY A ROY 304 TANARAE PL 8216 MIDVALE RD zAKIMA, WA 98908 -3665 92 A CHESTNUT AVE i YAKIMA, WA 98908 .1 YAKIMA, WA 98908 L81330 -12436 181330 -13434 181330 -13404 [SOMAS W & SHARON L RIDOUT TIMOTHY'S CRITCHLOW TOWELL CONSTRUCTION 708 S 87TH AVE 8500 MIDVALE RD 8507 MIDVALE RD YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 . =.330 -13405 % 181330 -21012 181330 -41400 '0 LL CONSTRUCTION . TRACY L DAVIS WAYNE & CAROL PARSLEY 1507'_'4IDVA RD 609 S 92ND AVE 8202 W NOB HILL BLVD 'A:KIMA., .,.,, 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -9712 81330 -24005 1 330 -23003 18 -24006 (EST VALLEY SCH DIST #208 WE VALLEY) CHL #2 W T THE HA LC C 1902 ZIER ROAD 8902 „,,AD PO :'X 72 AKIMA, WA 98908 YAKIMA, WA 98908 YAKI A, ^A 98907 I 1 Cottonwood Partners, LLC P. Box 8353 t 330 - 4200.' 181330 -12005 Yakima WA 98908 'HA + THE H .'Y LLC YVONNE S HOVELING 0 B` 721 30 N 2ND ST AKIMA, A 98907 1 YAKIMA, WA 98901 -2612 What the Hay, LLC — life 1 - P.O. Box 8310 22 labels printed for map sheet rz -04 ?( t7 � Yakima, WA 98908 f Cindy Noble Bill Hordan NFRD Hordan Planning Services. I 5609 W. Arlington 410 N. 2nd St. t Yakima, WA 98908 Yakima, WA 98901 D O C. Robert Seward SefA W I e 6 is I'�ti INDEX Jaussaud- Seward Assoc. JJ P.O. Box 2066 ((/ $ /t1 # °1, j ;. .: :.: < , . Yakima, WA 98907 • • • 181330 -13409 181330 -134 $ 18 330 -13411 RC DEVELOPMENT II LLC RC DEVELOP ENT LLC RC EVELOPME LLC PO BOX 910 PO :IX 91 PO B 910 YAKIMA, WA 98907 -091 YAKIM• .. 98907 -0910 YAKIMA, 98907 -091 181330 -13412 81330 - 1341. 1 1330 -13414 R DEVELOPMEN, II h C R. DEVELOPMENT II LC R DEVELOPM NTH LLC PO X 910 PO ? sX 9 , . PO OX 910 `'", _ f YAKI' WA •8907 -0910 YAKIM'; WA 98907 -0910 YAK A, W 98907 -0910 18 330 -13415 .- '� 1 1330 -134 181330 -13417 RC VELOPME•T II LLC' `� R EVELOP ENT' I LLC Rc DEVELr•4ENT II LLC FO ,BO 910 • PO X 91 PO ' .,:OX 9 a 0 YAKIMA, 8907 -0910 YAKIM A 98907 -09 0- ---„," YAK • A, , A 9890 4)-9-1,0 i 181330 -134 : 181330 -13419 .81330-134,4-2 RC DEVELOP' ENT �'T�,LLC RC EVELOP 8 II LLC R DEVELOPMENT II ''IL�..�. G_ PO :AX 911 `- PO B 91 `•-._. PQ OX 0 YAKI 98907 -0910 YAKIMA, 98907 -0910 ,1 YAKI , WA 98907 -0910 1:1330 -1342 - 181330 -1342. 1 1330 -1343 R .'.VELOP NT 1,LLC R •EVELOPENT I LLC R DEVELO ENT 34 " ° �_� LLC PO BOX • PO B... 91$ PO OX 9 0 _, YAKIMA, WA 98907- 0910' °.. • YAKIMA, 98907 - 090~ -- YAKI , WA 98907 -0910 181330-13436 - 181330-13437 181330 -21011 R DEVELOPM NT -- 1 LC RC EVELOPM N -'1 LLC RENEE ANN RINK PO 07 910 ��,� PO 910 703 S 92ND AVE YAKI 98907 -0910 YAKIMA, 98907 -09 0e„. YAKIMA, WA 98908 181330 -13429 81330 -13430 181330 -12437 RICHARD & MARILYN MASON PLUKETT HARD & M RIL 'MASON PLUKETT RICHARD & WENDY FLINDERS 2003 EVERGREEN CT 200 EVER EEN CT `-� ,,,/ 8704 WEBSTER AVE YAKIMA, WA 98902 -1200 YAKIMA, WA 98902 -1200 YAKIMA, WA 98908 1: 330 -13432 18 330- 13431;' 181330 -11024 RI . S,RD J & , RILYN PLUNKETT RI .ARD J & 'RILY , 4.SON P UNK1 RICHARD J. ETUX CARMODY 2003 :GR, N CT 2003 VER -'EEN CT 806 8 83RD AVE YAKIMA, WA 98902 -1200 1 YAKIMA; A 98902 -1200 1 YAKIMA, WA 98908 • 181330 -22406 181330 -12430 181330 -14005 RONALD L & KATHLEEN BRITT SHANE C PAULSEN STORAGECO LLC 107 N 68TH PL 905 S 48TH AVE 3801 W WASHINGTON AVE i'AKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98903 181330 -12422 1 1330 -12423 1 1330 -1242 7 ' 3UMMIT CREST CONSTRUCTION LLC SU MIT CRES CONS. CTION LLC SO IT CR �;T CONSTRUCTION-LLC ?0 BOX 910 PO X 910 y�(� EAKIMA, WA 98907 -0910 YAKIM , 9.8907 -0910 YAKIMA, WA 98907"' -b`10 INDEX # t: .a ,, .8 30 -1225 111330 -12 ,6 - 81330 -1" 3UMM'. CR: ST Cs TRUC ON L'L•q S ' IT CR ST CO TRUCT ON C MM REST _ ONSTRU TIO LC ) BO P 'AX 9 0 "SOX P�a TA Tt O ----- T.17% c�onnn nn� n .— ... ...... - -- 181330 -12450 181330 -21009 1:1330 -22408 W JRC INC JUDI M NOLAN LA :REN W DO.a8" 211 S 70TH AVE 705 S 92ND AVE 551•.ENGL /OD H •. DR YAKIMA, WA 98908 YAKIMA, WA 98908 -9302 YAKIM', “ 98908 181330 -31001 1: .30 -31002 1>1330 -31003 MALON F. ZEIGLER MALO F. ZEIGI,E MASON F. ZE LER 7 N 4-1ST AVE 7 N 4 T AVE' 7 N ST A YAKIMA, WA 98908 YAKIMA, 4 ._ 9$-7.8 YAKIMA, f, A 98908 181330 -41010 181330 -21001 181330 -12434 MARVIN W & CAROL M PARSLEY MATTHEW & LINDA 0 SEAMAN NATHAN TOWELL 8202 W NOB HILL BLVD 8902 TIETON DR 341 SECTION 1 RD YAKIMA, WA 98908 YAKIMA, WA 98908 TIETON, WA 98947 I •I • 181330 -13406 181330 -12444 181330 -12414 NEW CREATION CONSTRUCTION LLC RALPH & BETTY L HUCK RAYMOND C & CATHY L DEKKER 918 CONESTOGA BLVD 215 S 57TH AVE 600 8 88TH AVE YAKIMA, WA 98908 1 YAKIMA, WA 98908 ; 1 YAKIMA, WA 98908 181330 -12409 1 1330 -12410 . 81330 -12411 RC VELOPME T -II R EVELOP NT LC R DEVEL . II LLC �. PO B 910 PO 91 PO X 10 YAKIMA, 98907 -0910 YAKIMA, 98907 -0910 YAKIM , WA 98907 -0910 181330 -12412 , 181330 -124 111330 -12418 R. DEVELOPM NT II L RC -.DEVELOP. ENT I � LC - R DEVELOPI.LLC PO OX 910 PO B+ .... 9 4 PO X 9 YAK-'. W 98907 -0910 YAKIMA, WA 98907 -0910 YAK 98907 -0910 181330 -12 9 181330 - 1243,... 18 330 -1244 RC' DEVEL PM T II LLC RC ► VELOP' EN .. ,I LLC RC EVELO EN .L T LLC PO OX 0 ` , - PO B., 91. PO S X 9 YAKI WA 98907 -0910 YAKIMA, 98907-0916 YAKIM , WA 98907 -0910 L81330- 124' 181330 -12442 •81330 -12': 2 DEVELOPMEN .I LLC RC' EVELOP T II LLC DEVELI LLC ?0 A *X 9 -1 ' - -- , PO B X 91 Ps BOX , 0 .. �` ~-- .._ - AKIM , A 98907 -09 - 1U I YAKI A 98907 - '079 -/ , 1 YAK 7 WA 98907 -0910 L 1330 -12452 18 -12453 81330 -1245 t VELOPMEN I_ LC RCY .EVELOPME ∎' " I LC R DEVELOP ,NT I I "t1. G,,__,/ ?0 BO _ 10 • &� � PO B• .,,.,910 PO OX 91 (AKIMA, 8907 -0910 YAKIMA, --- 98907 -0910 YAK A 98907 -0910 .81330.,12455 / 1 1330 -12456 :81330 - 12457! ' tC DEVELOPMENT 7 ° VE I LLC R R DEVELOPM T I' LC '._ DEVELOP ,'NT II C )0 X 910 PO OX 910 � PO 'OX 914 'AKIM. , 07 -0910 YAKI _ 98907 -0910 YAKI ' , 'A 9890'$.,6%1,0 • INDEX .;:, 8 3330 - 1245., 18I130-12459 # E - - 1 1334 -13401 m :C k VELOPNJ NT II ° b4 RC D VELOPME1 II L.._. RC EVEL T II LLC '0 B 910/ _ f PO BO 10 pn n n �. 181330 -22404 181330 -14012 181330 -13003 . ALLAN W & MARY ELLEN DEPREY ALVIN NORMAN COTTONWOOD PARTNERS LLC 807 S 96TH AVE 624 S 96TH AVE PO BOX 8310 YAKIMA, WA 98908 YAKIMA, WA 98908 -9742 YAKIMA, WA 98908 -8310 1:1330 -21005 181330 -24004 181330 -12438 CO'TONWOOD PA NER LC Ca +TONWOOD P' "•'1 '•S LLC DANIEL C & KAREN L FORT.IER PO ::fX 8310 PO :OX 8310 8706 WEBSTER AVE YAKI R', WA.` 8908 -8310 YAKI r W• 98908 -8310 YAKIMA, WA 98908 181330 -22009 1: 330 -22010 181330 -14409 DANIEL E. ET UX WOODKEY DA EL E. ET U WOOD_, DARROW CONKLIN TESTAMENTARY TR 806 S 92ND AVE 806 k 92ND AVF 8212 MIDVALE RD YAKIMA, WA 98908 -9300 YAKIMA, •':908 -9300 YAKIMA, WA 98908 181330 -14002 181330 -21013 181330 -11412 DEBORAH L ESLINGER DONALD D & JEANNETTE MARTIN DOUGLAS L & KELLEY L CREWDSON PO BOX 10581 5086 N SKY VISTA AVE 610 S 83RD AVE YAKIMA, WA 98909 YAKIMA, WA 98908 YAKIMA, WA 98908 181330 -12451 181330 -21006 181330 -13408 EDWARD C & CHRISTI L STROZYK EUGENE E. BEDDOE FUSSELMAN LIVING TRUST 8705 WEBSTER AVE 805 S 92ND AVE 8607 MIDVALE RD YAKIMA, WA 98908 YAKIMA, WA 98908 -9300 YAKIMA, WA 98908 181330 -41011 181330 -12404 181330 -21403 3ABRIEL SR, INDELIA, JEANETTE GA GARY A & DORIS BROWNELL GARY L PERRAULT 1122 8 80TH AVE 8512 TIETON DR 9010 TIETON DR YAKIMA, WA 98908 YAKIMA, WA 98908 -1457 YAKIMA, WA 98908 -9757 181330 -14401 181330 -12428 181330 -13402 3ENE & BEVERLY S KILLION GENE BENNINGFIELD GERRY E & LEANNA RIES 3306 MIDVALE RD 717 HENNESSY RD 8505 MIDVALE RD iAKIMA, WA 989089766 YAKIMA, WA 98908 YAKIMA, WA 98908 1 II 1 :1330 -13403 181330 -21002 181330 -21401 3DIRY E & LE' NA " -,ES GLEN & KELLI RADKE GREGORY W & ADELE BAINTER 355 MIDVAL' RD 8910 TIETON DR 9004 TIETON DR (AKI`'_.. 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -9757 1 I .'1330 -21402 161330 -12416 1: 330 -12417 "`--- ,/ 3R ,: . aRY W & ADELE BA NTER JAMES 0 & JEANNE M LOWELL JA S 0 & J ,ANNE M LOWELL' )004 .TON -DR 604 & 606 S 88TH AVE 604 606 88TH AVE !AKIMA, W' 98908 -9795 YAKIMA, WA 98908 YAKIMA, ., 98908 .81330 -12439 181330 -12429 181330 -11026 TAMES W & DEBORAH E PAGE JEFFERY & NICOLE" WILKINSON JERRY M. ETUX FLICKINGER 1708 WEBSTER AVE 8702 BRISTOL WY 613 S 83RD AVE 'AKIMA, WA 98908 • YAKIMA, WA 98908 YAKIMA, WA 98908 -9765 . ' DOC f'r. INDEX "- 81330 -12415 181330 -12433 181330 -12432 # r 2.0 -:-' OHN & BETTE BUCHANAN JOY KINZEL JRC INC • 02 S 88TH AVE 8705 BRISTOL AVE 211 S 70TH AVE • YMATS Planner Mr. Bill Beckley YVCOG Yakama Indian Nation 6 S 2nd St. Suite 605 Environmental Protection Prog. Yakima, WA 98901 P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Mr. Doug Mayo Cayla Morgan, Airport Planner Wastewater Treatment Plant Seattle Airports District Office 1601'Lind Ave. S.W. Renton, WA 98055 -4056 Environmental Coordinator Bureau of Indian Affairs WSDOT Aviation Division PO Box 632 John Shambaugh Toppenish, WA 98948 3704 172 St. N.E. Suite K -12 Arlington, WA 98223 Mr. Wolferd Yallup, Chrm Mr. Marty Miller Yakama Tribal Council Office of Farmworker Housing PO Box 151 1400 Summitview #203 Toppenish, WA 98948 Yakima, WA 98902 Donna J. Bunten Critical Areas Coordinator Soil Conservation Dist D.O.E., Shorelands & Environ. Attn: Ray Wondercheck Assistance Program 1606 Perry St Suite F P.O. Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Eric Barstrand Martin Humphries Yakima Valley Museum Dept. of Fisheries 2105 Tieton Dr. 1701 So. 24 Ave. Yakima, WA 98902 Yakima, Wa 98902 Mr. Scott Nicolai Mr. Buck Taylor, Manager Yakama Indian Nation - Fisheries Yakima Airport P.O. Box 151 2400 W. Washington Ave. Toppenish, WA 98948 Yakima, WA 98903 Yakima Greenway Foundation 1004 Yakima School District 111 S. 18" St. Attn: Ben Soria Yakima, WA 98901 Cg Wad 6} - /"-- 104 N. 4th Avenue era- Z-019 / Yakima, WA 98902 6 C / — ALWAYS SEND TO c 6 r 14 ' �` e/v C ( es WV School District APPLICANT ` ` n Attn: Peter Ansignh o l V V A . d IMF ALS 8902 Zier Road Yakima, WA 98908 (� 8 0 ni I • DOG. INDEX # �� • Army Corps Dept of Natural Resources Mr. Greg Griffith P.O. Box C -3755 713 Bowers Rd Div of Archeol & Hist Pres Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Mr. Paul Donahue WA State Attorney Gen. Office Cascade Natural Gas Dept of Soc/Health Service 120 S 3rd St #100 701 S. i Ave Capital Programs Ofc. Bldg#2, Yakima, WA 98101 Yakima, WA 98902 MS OB -23B Olympia, WA 98504 Chamber of Commerce Dept. of Health Mr. Richard Smith 10 N 9th St. Michelle Vazquez Terrace Heights Sewer Dist Yakima, WA 98901 1500 W. 4 Ave. St. 305 314 N 2nd St Spokane, WA 99204 Yakima, WA 98901 Kathleen Holscher, City Mgr. Dept of Transportation Blake Davis City of Union Gap Planning Engineer Q- West PO Box 3008 2809 Rudkin Road 8 So. 2nd Ave. Rm 304 Union Gap, WA 98903 Union Gap, WA 98903 Yakima, WA 98902 Les Ornelas Environmental Protection Agency Yakima Co. Commissioners Clean Air Authority 1200 6th Ave, MS 623 128 North 2 Street 6 S. 2nd St., Room 1016 Seattle, WA 98101 Yakima, WA 98901 Yakima, WA 98901 Mr. John Daly FAA Yakima Co Health Dist Dept. of Agriculture 2200 W Washington Art McKuen 406 Gen. Adm Bldg. Yakima, WA 98903 104 North 1st St Mail Stop AX -41 Yakima, WA 98901 Olympia, WA 98504 Gwen Clear Interagency Committee Mr. Steven Erickson Dept of Ecology Outdoor Recreation Yakima Co Planning 15 W. Yakima Ave. St. 200 P.O. Box 40917 128 N 2nd St. Yakima, WA 98902 Olympia, WA 98504 -0917 Yakima, WA 98901 Department of Ecology, Mr. Vern Redifer Environ Review Section Nob Hill Water Co Yakima Co Pub. Services PO Box 47703 6111 Tieton Dr 128 N 2nd St., 4 Floor Olympia, WA 98504 -7703 Yakima, WA 98908 Yakima, WA 98901 WA State Emergency Mgmt. Div. Pacific Power Mr. Bill Bailey Mitigation, Analysis & Planning Mike Paulson Yakima Cnty Dev. Serv. Ctr. Supervisor 500 N. Keys Rd 128 N. 2 St. 4 Floor Building 20 Yakima, WA 98901 Yakima, WA 98901 Camp Murray, WA 98430 -5122 Mr. Ted Clusing Dept. of CTED Dept. of Fish & Wildlife Growth Management Services Mr. Caroll Palmer 1701 So. 24 Ave. P.O. Box 42525 Yakama Indian Nation Yakima, WA 98902 Olympia, WA 98504 -2525 PO Box 151 Toppenish, WA 989 OC. INDEX —° • •Y`- N„, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT rh,' Planning Division ic I 1# • • s Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us '' 129 North Second Street, 2nd Floor loor I,h'��y ,,RP,,,,,.••,0s6 -_ s Yakima, Washington 98901 y " 1,. " ' Phone (509) 575 -6183 • Fax (509) 575 -6105 NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) April 8, 2005 On December 28, 2004 the City of Yakima, Washington issued a Notice of Application, SEPA Preliminary Mitigated Determination of Nonsignificance, Notice of Public Hearing, and Request for Comments regarding a Master Land Use application submitted by Cottonwood Partners, LLC. The proposal includes a 225 -lot subdivision to be known as Cottonwood Grove; the rezoning of approximately 32 acres from R -1, (Single - Family Residential) to R -2, (Two - Family Residential), and Class (2) Land Use review for the construction of single - family attached (common wall) residences within the R -1 zoning district. The subject property is located in the vicinity of the southwest corner of Midvale Road and South 88th Avenue, Yakima, Washington. City File Numbers: PREL LONG PLAT #3 -04, EC #25 -04, UAZO RZ #6 -04 & UAZO CL(2) #27 -04 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 15 days after the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The fee of $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Bruce Benson, Supervising Planner at (509)575 -6042 at the City Planning Division. °=t---- Doug Maples k-r-°---- Planning & Code Administration Manager Notice of Decision Mailing Date: April 8, 2005 Enclosures: SEPA Mitigated Determination of Nonsignificance Preliminary PIat,Vicinity and Mailing Maps Yakima DOC:. INDEX i M- laUh ) { �. �y. . .a 1994 WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAK/NIA, WASHINGTON April 8, 2005 PROJECT DESCRIPTION: Cottonwood Grove Subdivision Phases 3 through 7. A proposed subdivision of approximately 63 'A acres into 225 Lots, 2 Tracts; the rezoning of approximately 32 acres from R-1, Single- Family residential to R-2, Two - Family Residential; Class. (2) Land Use Review for the construction of single - family attached (common wall) residences within the R-1 zoning district. This proposed development is located in an R-1 zoning district within the City of Yakima and proposes full urban services, including sewer, water, and public streets. PROPONENT: Cottonwood Partners, LLC P.O. Box 8353 Yakima, WA 98908 LOCATION: No known address; general location is the southwest corner of Midvale Road and South 88' Avenue. LEAD AGENCY: City of Yakima, Department of Community & Economic Development FILE NUMBER: UAZO EC #25 -04 ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary and Mitigated Determination of Nonsignificance for phases one and two of the Plat of Cottonwood Grove (Yakima County Environmental Review No. SEP 99 -36) adopted April 25, 2000; Environmental Review Document for Cottonwood Grove Subdivision (Yakima County SEP 99 -36, CUP 99 -81, SUB 99 -109 dated April 23, 2000). DETERMINATION: The lead agency for this proposal has preliminarily determined that the project will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse impacts. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request at the City of Yakima Planning Division. This MDNS is issued under WAC 197 -11 -340 (2). There is no further comment period for this MDNS. IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES: DOC. < . MDNS Cottonwood Grove Subdivision Phases 3 —7, EC #25 -04 INDEX Substantive authority to require mitigation is derived from WAC 197 -11 -660, Yakima Municipal Code YMC 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations, which provide substantive authority to require mitigation under the State Environment Policy Act. A. Two Points of Ingress/Egress: To protect the occupants of Cottonwood Grove Phases 3 through 7 from problems relating to inadequate fire, life and safety provisions, the number of lots permitted with a single access road and the length of dead end streets are limited. As is set forth in Appendix D of the International Fire Code, only 30, or fewer, residential units are generally allowed on a single access road. No more than 30 dwelling units may be constructed within the bounds of Cottonwood Grove, Phases 3 — 7 without the provision of a Fire Marshall approved secondary access road. This road shall consist of a double layer of BST surfacing over a right -of -way or mutually revocable easement of at least 20 -feet in width, or as permitted by the Fire Marshall. It is required that provision be made to connect the public street network of Cottonwood Grove with the public street providing access through the plat of Meadowview. This interconnection may be utilized to fulfill the secondary point of access requirement, however, the following locations are also acceptable for this roadway: 1) Midvale Road from S 80 Avenue west to the connect to the public roads within the plat, 2) Nob Hill Boulevard west from S 80 Avenue to the public roads within the plat, 3) Wide Hollow Road north to the public roads within the plat and 4) from any other location as approved by the Fire Marshall. B. Dust Control: Before any grading or construction, appropriate plans must be submitted to, and approved by, the Yakima Regional Clean Air Authority. C. Storm Water Control: A final binding stormwater and drainage control plan shall be provided for the entire property prior to construction improvements for any area of the development. The plan shall: i. Be developed by a licensed professional engineer in consultation with the City Engineer. ii Provide for separation of stormwater and floodwater, where possible. iii. Provide onsite retention and treatment of the increased stormwater runoff generated by both the residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. iv. Use a 25 -year design storm. MDNS Cottonwood Grove Subdivision 2 DOC. Phases 3 —7, EC #25 -04 INDEX F -tb • • v. Use . runoff measurements that appropriately estimate runoff from impervious surfaces, residential lawns, etc. vi. Provide the location, description, and design of water management structures, i.e. drainage swales, retention ponds, dry wells, etc. vii. Washington Department of Ecology shall be contacted to schedule a site inspection to determine if a General Stormwater Permit is needed. All applicable local, state, and federal stormwater permits or other requirements shall be obtained or met. D. Flood Protection: This property is not located within a Federal Emergency Management Agency (FEMA) mapped floodplain. The Washington State Dept. of Ecology indicates that the causes of floodwater accumulation on this property lie outside the conditions normally used to establish flood hazard areas, however, there is historic evidence of flooding on the low -lying areas of this property, generally located south of the stream. Consequently, the following flood control measures are required: i. A flood flow channel shall be established in the vicinity of historic flood flow paths. A location generally located along the north line of phase five of this subdivision is acceptable. ii. An easement shall be established on the final plat that provides long term protection of the flood flow channel, unless, in the future, an alternate flow path is established outside this subdivision. iii. Fences, structures, driveways, etc. shall not encroach into or obstruct the flood flow channel. iv. The area within this easement shall be modified through grading to direct flood flows through the development. The channel shall consist of a flat bottom 20 -feet wide and approximately one -foot deep with sloped sides for a total width of 30 -feet. Entry and exit points of the channel shall be gently merged into existing grades. v. The channel shall be constructed with a minimum of excavation or filling. E. Critical Areas Setbacks and Protections: Shaw Ditch has been determined by the Department of Fish and Wildlife to be a Type 3 stream that supports fish and is protected by the Yakima County Critical Areas Ordinance, which the City of Yakima has adopted. The items listed below are required unless future modifications are made to the steam to re- establish a natural stream corridor in another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues, and lots may be reconfigured appropriately. MDNS Cottonwood Grove Subdivision 3 D C Phases 3 —7, EC #25-04 INDEX E - l b i. Generally, a 50 -foot wide building setback and vegetative buffer is required from the ordinary high water mark on either side of the stream. However, to accommodate variations of the adjacent topography (the north stream bank being higher than the south), the buffer may be modified to be wider on one side than the other. At no point will the buffer be less than 25 -feet from the ordinary high water mark. The buffer widths for both sides of the stream must add up to 100 -feet or more. ii. The stream corridor through the property shall be restored through reconstruction of the channel to a more natural form and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross - section shown in the Ditch Management and Protection Zone drawing utilized for Cottonwood Grove phases one and two. The reconstruction shall be accomplished such that the channel is returned to its prior configuration before leaving the property, and structural measures provided to maintain the transition. The revegetation should be performed as was done for phases one and two. iii. The vegetative buffer may be incorporated into the adjoining lots provided the vegetative buffer is shown as an easement and a note is placed on the face of the plat which states: "Those portions of this plat along Shaw Ditch are subject to the City of Yakima Critical Areas Ordinance. A building setback and vegetative buffer must be maintained from the ordinary high water mark of Shaw Ditch, as indicated on the plat. No fences, structures or other development is permitted within the buffer area (other than the road and utility crossings allowed at the initial construction of this development), as it is to be maintained in a natural state. Other special development standards may apply, and permits may be required for certain types of development. Information may be obtained from the City of Yakima Department of Community and Economic Development Department. This restriction applies while Shaw Ditch remains classified as a critical area." F. Grading Plan: A Grading Plan shall be submitted for the entire property prior to construction of improvements for any area of the development. The plan shall: i. Include the design and construction of the water management structures needed to meet the Stormwater and Drainage Control requirement. ii. Include provisions to meet the Flood protection requirements, if any. iii. Include all proposed modifications to the Shaw Creek and associated buffer. iv. Include procedures for dealing with the soil limitations listed in the United States Dept. of Agriculture /Washington State Department of Natural MDNS Cottonwood Grove Subdivision 4 Phases 3 —7, EC #25 -04 D O C' INDEX # rd Resources soil survey for Yakima County. Of particular interest are likelihood of wind and water erosion and potential hardpan limitations. - The procedures should, include phasing or similar methods to limit the amount of exposed soils at one time. CONTACT PERSON: Contact Bruce Benson, Supervising Planner. Call (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: April 8,2005 SIGNATURE: 1 _ © You may appeal t • • ermination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. No later than: April 25, 2005 By (method) Complete 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. ❑ There is no agency appeal. MDNS Cottonwood Grove Subdivision 5 INDEX Phases 3 —7, EC #25 -04 Tsx: t:....x .. Public Services * � 128 North Second Street • Fourth Floor Courthouse • Yakima, Washington 98901 YAKS 1 (509) 574 -2300 • 1- 800 - 572 -7354 • FAX (509) 574 -2301 • www.co.yakima.wa.us C*UPfl Y VERN M. REDIFER, P.E. - Director . ED January 20, 2005 � (� 2 RE 7 200 Doug Maples, Codes and Planning Manager PZ Y OF 1'AKIMA City of Yakima Planning Division '41VN1N DIV. 129 N. 2 Street Yakima, WA 98901 VIA FAX AND MAIL RE: Environmental Review for the Cottonwood Partners subdivision (UAZO EC #25 -04, UAZO Long Plat #3 -04, UAZO Rezone #6 -04, UAZO CL(2) #27 -04) Dear Mr. Maples: Thank you for the opportunity to review the above project. Our apologies that these comments did not arrive on time. However we have information you might find useful in your review, and pertinent to the transportation needs of this part of the City. The proposed development in the City of Yakima called Cottonwood Grove Phase 3 thru 7 borders on the East next to a proposed 56 lot development in Yakima County called Meadowview (SUB04 -091). The Meadowview development has included provisions for connecting through to the West, in anticipation of this Cottonwood Grove Phase 3 thru 7 development. This was deemed necessary to facilitate a logical road network that provides for future access alternatives for police protection and emergency services for both the Cottonwood Grove complex and the Meadowview development. We request that the Cottonwood Grove Phase 3 thru 7 plat be modified to provide this connection and enhance the accessibility of police and emergency services to future residents. We believe this should be a requirement under SEPA as a lack of proper access represents an environmental impact regarding transportation 6f Public Services. Thank you for the opportunity to comment on this project. If you have any questions, please contact us. Sincerely, V Y' • t / � Dean Patterson Environmental and Natural Resources Manager INDEX G:\Development Services \Users\DEANP\MISC \REVIEWS \Yak Cottonwood SEPA.doc # j, 11T• SERVICE •, C7 !:. Written Summary of MDT Comments Date: 1/18/05 To: DEAN PATTERSON From: JUDY POZARICH RE: Project Name: CITY OF YAKIMA/ COTTONWOOD PARTNERS, LLC Project Number: PRJ 2005 -00011 Assessor Tax ID: 181330- 21005, 24004, 24006, 13003 Description of project: NEW LONG PLAT, REZONE, ENVIRONMENTAL REVIEW AND SUBDIVISION DEVELOPMENT Written comments from the Multi Disciplinary Team Members are summarized below. Building: NO COMMENTS RECEIVED Fire: Fire - No Comments AIL Health District: Health District: No Comments ANM Road Approach:The proposed development in the City of Yakima called Cottonwood Grove Phase 3 thru 7 borders on the East to a proposed 56 lot development in Yakima County called Meadowview (SUB04 -091). The Meadowview development has included provisions for connecting through to the West in anticipation of this Cottonwood Grove Phase 3 thru 7 development. This was deemed necessary to facilitate a logical road network that provides for future access alternatives for police protection and emergency services for both the Cottonwood Grove complex and the Meadowview development. We request that the Cottonwood Grove Phase 3 thru 7 plat be modified to provide this connection and enhance the accessibility of police and emergency services to future residents. We believe this should be a requirement under SEPA as a lack of proper access represents an environmental impact regarding transportation of Public Services. MPC Surface Water: Surface Water: No comments.DMB DQ C, INDEX Page 1 of 2 # • v ier • SERVICE • g qA Utilities: Utilities - No comments.JES Zoning Current: Zoning Environmental: NO COMMENTS RECEIVED Additional Notes: DO". Page 2 of 2 INDEX STATE 0 -. . • `i 1889 Zy STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490 January 13, 2005 1 '4{ Your address � � is in the 147 7 ep 10 siva watershed Doug Maples G. 4I4 City of Yakima Dept. of Community Development 129 North 2n Street Yakima, WA 98901 Dear Mr. Maples: Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the Cottonwood Grove Phases 3 through 7 rezone and subdivision, proposed by Cottonwood Partners, LLC [UAZO EC 25 -04] We have reviewed the environmental checklist and have the following comments. Shorelands/Environmental Assistance The SEPA checklist includes a map which shows a "Tract A" that abuts Shaw Creek. No information is presented in the checklist which discusses what will happen in tract A. Is this a green or open space reserve? Lots 519 through 525 abut Shaw Creek, with lot lines extending to the creek bottom. The opposite side of the creek is located in tract A. If tract A is indeed open space, it is recommended that the required buffer (75 feet) from Shaw Creek be included in this open space tract. Buffers that are included in reserved and commonly shared open space usually fare better in keeping their functional integrity as opposed to being included within residential lot boundaries. If you have any questions concerning the Shorelands /Environmental Assistance comments, please contact Catherine Reed at (509) 575 -2616. Water Resources The water purveyor (Nob Hill Water Association) is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If you have any questions concerning the Water Resources comments, please contact Mark Dunbar at (509) 454 -4264. DOC. INDEX Mr. Maples January 13, 2005 Page 2 of 2 Water Quality Erosion control measure must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. A stormwater construction permit may be required if there is a potential for discharge from a construction site larger than one acre. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. Please contact Ray Latham, of the Washington State Dept. of Ecology, at (509) 575 -2807, to determine if your site needs such a permit. 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 Don Abbott at (509) 454 -7838. Sincerely, atGLA) Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 1391 DOC. INDEX F - 7 • ® ® Washington State South Central Region Department of Transportation 2809 Rudkin Road, Union Gap Douglas B. MacDonald P.O. Box 12560 Secretary of Transportation Yakima, WA 98909 -2560 509 - 577 -1600 TTY: 1- 800 - 833 -6388 Re",r. www.wsdotwa.gov JAN 0 :2005 envy January 7, 2005 �L� y, - D 14 City of Yakima Planning Division 129 North Second St., City Hall Yakima, WA 98901 -2637 Attention: Bruce Benson, Supervising Planner Subject: UAZO Long Plat #3 -04, UAZA Rezone #6 -04, UAZO CL (2) #27 -04 & UAZO EC #22 -04; Cottonwood Partners, LLC Cottonwood Grove Phases 3 through 7 (228 Lots, 331 Dwelling Units) South Side of Tieton Drive (8400 — 9200 Blocks) Thank you for giving us the opportunity to comment on the proposed plat. The plat site is not adjacent to, or in the vicinity of, any WSDOT- maintained roads, and we have no comments. Thank you for the opportunity to review and comment on this plat. Sincerely, Salah Al- Tamirni, P.E. Regional Planning Engineer 4.• by: Scott Golbek, P.E., Assistant Regional Planning Engineer SA: rh/jjg cc: File #31, Yakima County p:\ planning\ devrev \yakimaco \yakcity_cottonwood grove ph 3 -7.doc DOC.' -, INDEX # E - 1p • • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: A., - I • -0 : . ., d oy E c as- r aykka Jl.�rzt_ya ��- e rg. L L (//Lin Stj p� RYA i2ldr 0/44 I , Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of a Master Land Use Application, SEPA Preliminary Mitigated Determination of Nonsignificance, and Notice of Public Hearing and Request for Comments. A true and correct copy of which is enclosed herewith. That said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, SEPA Agencies and interested parties. That said parties are individually listed on the mailing list retained by the Planning Division. That said notices were mailed by me on the 28th day of December, 2004. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. r 4 Christine M. Wilson Planning Specialist DOC, INDEX /+- 19r i (eS Army Corps ,} Dept of Natural Resources ) Mr. Greg Griffith P.O. Box C -3755 713 Bowers Rd Div of Archeol & Hist Pres Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Mr. Paul Donahue • WA State Attorney Gen. Office Cascade Natural Gas Dept of Soc/Health Service 120 S 3rd St #100 701 S. 1 Ave Capital Programs Ofc. Bldg#2, Yakima, WA 98101 r Yakima, WA 98902 MS OB -23B Olympia, WA 98504 Chamber of Commerce Dept. of Health Mr. Richard Smith 10 N 9th St. Michelle Vazquez Terrace Heights Sewer Dist Yakima, WA 98901 1500 W. 4 Ave. St. 305 314 N 2nd St Spokane, WA 99204 Yakima, WA 98901 Kathleen Holscher, City Mgr. Dept of Transportation Blake Davis City of Union Gap Planning Engineer Q- West PO Box 3008 2809 Rudkin Road 8 So. 2nd Ave. Rm 304 Union Gap, WA 98903 Union Gap, WA 98903 Yakima, WA 98902 Les Ornelas Environmental Protection Agency Yakima Co. Commissioners Clean Air Authority 1200 6th Ave, MS 623 128 North 2 Street 6 S. 2nd St., Room 1016 Seattle, WA 98101 Yakima, WA 98901 Yakima, WA 98901 Mr. John Daly FAA Yakima Co Health Dist Dept. of Agriculture 2200 W Washington Art McKuen 406 Gen. Adm Bldg. Yakima, WA 98903 104 North 1st St Mail Stop AX -41 Yakima, WA 98901 Olympia, WA 98504 Gwen Clear Interagency Committee Mr. Steven Erickson Dept of Ecology Outdoor Recreation Yakima Co Planning 15 W. Yakima Ave. St. 200 P.O. Box 40917 128 N 2nd St. Yakima, WA 98902 Olympia, WA 98504 -0917 Yakima, WA 98901 Department of Ecology, Mr. Vern Redifer Environ Review Section Nob Hill Water Co Yakima Co Pub. Services PO Box 47703 6111 Tieton Dr 128 N 2nd St., 4' Floor Olympia, WA 98504 -7703 Yakima, WA 98908 Yakima, WA 98901 WA State Emergency Mgmt. Div. Pacific Power Mr. Bill Bailey Mitigation, Analysis & Planning Mike Paulson Yakima Cnty Dev. Serv. Ctr. Gary Herschberger 500 N. Keys Rd 128 N. 2 " St. 4' Floor Building 20 Yakima, WA 98901 Yakima, WA 98901 Camp Murray, WA 98430 -5122 Mr. Ted Clusing Planning & Com Affairs Agency Dept. of Fish & Wildlife 9th & Columbia Bldg. Mr. Caroll Palmer 1701 So. 24'" Ave. MS GH -551 Yakama Indian Nation Yakima, WA 98902 Olympia, WA 98504 PO Box 151 Toppenish, WA _28948 INDEX # - ► j YMATS Planner Mr. Bill Beckley YVCOG Yakama Indian Nation 6 S 2nd St. Suite 605 Environmental Protection Prog. . Yakima, WA 98901 P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Mr. Doug Mayo Cayla Morgan, Airport Planner f Wastewater Treatment Plant Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Bureau of Indian Affairs WSDOT Aviation Division PO Box 632 John Shambaugh Toppenish, WA 98948 3704 172 St. N.E. Suite K -12 Arlington, WA 98223 Mr. Wolferd Yallup, Chrm Mr. Marty Miller Yakama Tribal Council Office of Farmworker Housing PO Box 151 1400 Summitview #203 Toppenish, WA 98948 Yakima, WA 98902 Donna J. Bunten Critical Areas Coordinator Soil Conservation Dist D.O.E., Shorelands & Environ. Attn: Ray Wondercheck Assistance Program 1606 Perry St Suite F P.O. Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Eric Barstrand Martin Humphries Dept of Fisheries Yakima Valley Museum 1701 So. 24th Ave 2105 Tieton Dr. Yakima, WA. 98902 Yakima, WA 98902 Mr. Bob Clem, Manager Mr. Scott Nicolai Yakima Airport Yakama Indian Nation- Fisheries 2400 W. Washington Ave. P.O. Box 151 Yakima, WA 98903 Toppenish, WA 98948 Yakima Greenway Foundation 111 S. 18 St. Yakima School District Yakuna, WA 9890J. Attn: Ben Soria 104 N. 4th Avenue Yakima, WA 98902 WV School District ALWAYS SEND TO Attn: Peter Ansignh APPLICANT 8902 Zier Road Yakima, WA 98908 Odra Ajk- 47 Mr. Hiram • hey /� . (.21c2 */ / Yakam. dian Nation P.O : ox 151 'oppenish, WA 98948 DO C, INDEX 81330 -14005 \330- 4'4 - 330 -12425 .TORAGECO LLC /TMIT CRES' CONS'RUCT eN LLC MIT CRE. CeNSTRUCTIO LLC 801 W WASHINGTON AVE PO BO.' 910 PO :OX 9' 0 AKIMA, WA 98903 YAK 'A, WA 98907 -0910 YAKI WA 98907 -o' 0 • .81330 -13429 �81330 -13430 181330 -13431 IUMMIT CREST CONSTRUCTION LLC ( SUMMIT CREST Ce STRUCTION L. SUMMIT CREST CON •u.TION LLC 1 0 BOX 910 PO BOX 9 0 PO BOX s 1 " AKIMA, WA 98907 -0910 YA MA WA 98907 -o• 0 `;KIM,, WA •a'07 -0910 . 1330 -13432 181330 -13433 181330 -13403 ;U MIT CRE CONSTR CTION LLC / IT CREST CO3 - 'UCTION LLC SUMMITCREST CON. LLC >0 OX 9 • . PO B 910 •$ BOX 910 AK A WA 98907 -0910 — YAKIMA, t 98907 -0910 YA . A, WA '8`907 -0910 • L8 330 -13427 .81330 -1342: 181330 -14410 • 3U`■MITCRES CONSTRUCTION LLC SI MITCRES: CON•TRUCT ; LLC TAMMY V GARRETT ?0 10X 91%' PO :OX 9 e 8216 MIDVALE RD (AK vA A 98907 -0910 YAKI •, WA 98907 -0910 YAKIMA, WA 98908 -- —I- ... L81330 -13434 181330 -21012 181330 -41400 TIMOTHY S CRITCHLOW TRACY L DAVIS WAYNE & CAROL PARSLEY 3500 MIDVALE RD 609 S 92ND AVE 8202 W NOB HILL BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 . YAKIMA, WA 98908 -9712 • • 181330 -24005 1 1330 -2 03 1:1330 -13.03 HEST VALLEY SCH DIST #208 W T VA E SCH 8 WHT TH H.Y LLC 8902 ZIER ROAD 89 2 Z ER R PO :OX 25 YAKIMA, WA 98908 YAK , WA 98908 YAK WA 9:•07 -0725 181330 -21. 30 -24004 181330- 06 W H ' I A T TH HA - LLC WHAT HE Ht. LLC WHAT HE Y LL PO BO 725 PO BOX �PO�BOX 725 YAK , WA 989. YAKIMA, WA 98907 YAKIMA, WA 98907 181330 -42001 .181330 -12005 WHAT THE HAY LLC . 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PO BO 910 YAKI A, 98907 -0910 YAKIMA, WA 9 -r0 10 YAKIMA, 98907 -0910 181330 -13436 181330 -13437 181330 -21011 RC DEVELOP N II LLC DEVELOPMENT II LLC RENEE ANN RINK PO :OX • 0 PO OX 91 703 S 92ND AVE YAK u•, WA 98907 -6•10 YAKI ,,WA 98907 -0910 YAKIMA, WA 98908 ,y,' e fl • INDEX 181330 -11024 181330 -22406 181330 -12430 . RICHARD J. ETUX CARMODY RONALD L & KATHLEEN BRITT SHANE C PAULSEN I c ,Lc 806 S 83RD AVE 107 N 68TH PL 905 S 48TH AVE _r YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 1330 -21001 91330 -12434 .81330-41010' ARVIN W i7 & & CAROL M PARSLEY 8902 3 41 SECTION 1 RD CAKI MA, WA 98908 LINDA 0 SEAMAN THAN TOWELL 3202 W NOB HILL BLVD • YAKIMA, WA 98908 TIETON, WA 98947 CAKI 181330 -13406 181330 -12444 181330 -12414 • NEW CREATION CONSTRUCTION LLC RALPH & BETTY L RUCK RAYMOND C & CATHY L DEKKER S 88TH AVE 918 CONESTOGA BLVD 215 S 57TH AVE YAKIMA,_WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 1 18133 2' 0 .81330 -12411 RC .EVEL 409 RC EVELO " EN II LLC RC 0 VELOPML T II ---�\,..__ R. DEVEL• "ENT LLC BOX '10 • PO :OX '10 •. BOX 910 YAK ,', WA 98907 -0910 YAKIMA, WA 98907 -0910 YAK 'A, WA 98907 -0910 181330 -12412 iEVELOPM II LLC 181330 -12413 181330 -12418 RC Dy ELOPMEN LLC C DE o•M T II LL PO BOe 910 910 EV PO B* YAKIM', 98907 -091 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 .�-__.. ,� 0 -12420 81330 -12421 181 30-12419 RC FLpPM T II L / RC DEVELOP "• II LL C RC DEVELOPMENT LL PO BOX 910 \\ PO :Az '10 PO X 910 YAKI A, W 98907 -0910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 • 181330- 4' : 330 -12426 18 330 -12' RC .EVELO " ENT L. RC DEVE oPMEN II LLC_ RC D fEL.OPM T II." C PO . E •10 YA '•A, WA 98907 -4 • 0 PO BO .910 •! :OX 910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 • 1:1330-124_ DEVE o 181330- '28 : 330 -12431 R DEVE PMEN' II LLC RC D RC D. ELI" NT II LOP' NT I LC PO BOX 910 Pa BO. 910 •• :OX 910 YA A, WA 9890 -4•10 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 I I 1:1330 -12432 181330- 435 181330- " 0 R• DEVELOP RC D ELO T II LC PMENT I LL RC DE. LOPM- T II LLC PO BOX 910 BOX 910 1 PO =0X 910 YA MA A 98907-0910 YAKIMA, WA 98907-0910 YAKIMA, WA 98907 -0910 • 1 3 41 181330- '4 181330- 443 RC EVEL0 •" 1` RC 111 EVELO AT II LLC RC D RC ." +EL0 ENT II LLC LOPMEN I L .� BOX 9.10 • PO �bX • 0 P• BOX 910 YAK Aie., WA 98907 -0910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 181330 -1 ' 181330 . 454 18 '30-12452 RC \R VELOPM RC % VELO• ', I LLC LLC •C DE ' OPMENT PO box 914 PO :OX 910 YAKIMA, •0 BOX '910 10 YAKIMA, , iA 98907 -0910 YAKIMA, WA 98907 -0910 98907 O :{�,.� rl`Q1 , 7�y -- — ._ INDEX • 81330- 5 18 30 -124 4 VI' :1330 DEVE 457 NT I LL • C DE LOPM � II C 'C DEVELOPMENT II LLC p0 BOX 910 P BOX 910 PO BOX 910 - Ara WA 98907 -0910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 181330 -22404 181330 -14012 181330 -12438 ALLAN W & MARY ELLEN DEPREY LVIN NORMAN DANIEL C & KAREN L FORTIER 807 S 96TH AVE '24 S 96TH AVE 8706 WEBSTER AVE YAKIMA, WA 98908 YAKIMA, WA 98908 -9742 YAKIMA, WA 98908 • 181330 -22009 81330 -22010 181330 -14409 DANIEL E. ET UX WOODKEY DANIEL r. T UX %.DKEY DARROW CONKLIN TESTAMENTARY T 806 S 92ND AVE :06 .S 92ND •VE 8212 MIDVALE RD YAKIMA, WA 98908 -9300 •K 'A, WA ` ='18 -9300 YAKIMA, WA 98908 1 181330 -14002 181330 -21013 181330 -11412 DEBORAH L ESLINGER DONALD D & JEANNETTE MARTIN DOUGLAS L & KELLEY L CREWDSOI PO BOX 10581 5086 N SKY VISTA AVE 610 S 83RD AVE YAKIMA, WA 98909 YAKIMA, WA 98908 YAKIMA, WA 98908 181330 -12451 • 181330 -21006 181330 -41011 EDWARD C & CHRISTI L STROZYK EUGENE E. BEDDOE GABRIEL & INDELIA & GABRIEL 8705 WEBSTER AVE 805 S 92ND AVE 1122 S 80TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 -9300 YAKIMA, WA 98908 --E -I-- . - 181330 -12404 181330 -21403 181330 -14401 GARY A & DORIS BROWNELL GARY L PERRAULT GENE & BEVERLY S KILLION 8512 TIETON DR ' 9010 TIETON DR 8306 MIDVALE RD YAKIMA, WA 98908 -1457 • YAKIMA, WA 98908 -9757 YAKIMA, WA 989089766 181330 -12437 181330 -21002 181330 -21401 GENE BENNINGFIELD GLEN & KELLI RADKE GREGORY W & ADELE BAINTER 717 HENNESSY RD 8910 TIETON DR 9004 TIETON,DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -9757 181330 -21402 181330 -12416 181330 -12417 GREGORY W & ADELE BAINTER JAMES 0 & JEANNE M LOWELL JA ' 0 & J' NE M / LO ELL 7501 OLMSTEAD CT 604 & 606 S 88TH AVE 694 : 606 8 H E YAKIMA, WA 98908 -9039 YAKIMA, WA 98908 KIM';, 'A 989 181330 -12439 181330 -12429 181330 -11026 JAMES W & DEBORAH E PAGE JEFFERY & NICOLE WILKINSON JERRY M. ETUX FLICKINGER 8708 WEBSTER AVE 8702 BRISTOL WY 613 S 83RD AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -9765 - - - - . 181330 -12415 181330 -12436 181330 -12433 JOHN & BETTE BUCHANAN JOHN & JOAN TOWELL JOY KINZEL 602 S 88TH AVE 341 SECTION 1 RD 8705 BRISTOL AVE YAKIMA, WA 98908 TIETON, WA 98947 YAKIMA, WA 98908 181330 -12450 181330 -21009 181330 -22408 JRC INC JUDI M NOLAN LAUREN W DOBBS 211 S 70TH AVE 705 S 92ND AVE • 5515 ENGLEWOOD HILL DR • YAKIMA, WA 98908 YAKIMA, WA 98908 -9302 YAKIMA, WA 98908 • DO C, - -- - - INDEX 181330 -31001 813 0 -31002 1:133D -31003 ' MALON F. ZEIGLER AL . ZE : G ER M' LO, . ZE ,IGLE'° -•--- ---- 7 N 41ST AVE N 41 T A E 7 N 41'•T • E YAKIMA, WA 98908 IMA, ° 9890: Y` IMA, ^A 9890: last org ' iDbert Seward �Aordan Planning Svcs add C S Jaussaud%Seward Assoc. 410 N. 2 Street City �� ay- „t) P 0 Box 2066 Yakima, WA. 98901 Zip � " Yakima, WA. 98907 What The Hay LLC Cottonwood Partners LLC P 0 Box 8310 P O Box 8353 Yakima, WA. 98908 Yakima, WA. 98908 DEPARTMENT OF COMMUNITY & 411r "..z. DEVELOPMENT m Q l �� /v 49. Planning Division .1 129 North Second Street f /jlYl �� / V1 y '° Yakima, WA 98901 .e� F /a /Z7hy iI Cindy Noble NFRD 5609 W. Arlington Ave Yakima, WA. 98908 DOC, INDEX • Y ` DEPARTMENT O. )OMMUNITYAND ECONOMIC DEVE Y"MENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • • www.ci.yakima.wa.us V ' 1,� 129 North Second Street, 2nd Floor • • 46 Yakima, Washington 98901 1j1 UR4 tlRATF.i 1 P ��' ' Phone (509) 575 -6183 • Fax (509) 575 -6105 • NOTICE OF APPLICATION DATE: December 28, 2004 TO: Applicant, and Adjoining Property Owners FROM: Doug Maples, Manager, Building Codes and. Planning Division SUBJECT: Notice of Master Land Use . Application concerning property located in the vicinity of where the 8900 block would cross. UAZO Long Plat #3 -04, UAZO Rezone #6 -04, UAZO CL (2) #27 -04, UAZO EC #25 -04. NOTICE OF APPLICATION The City of Yakima Department. of Community & Economic Development has received five related land use applications from Cottonwood Partners, LLC. This application is comprised of four related land use applications. The first application is a proposal to subdivide approximately 63.55 acres of R -1; Single - Family Residential zoned property into a total of 228 residential lots whereupon 331 dwelling units are proposed. The second application involves the rezoning of approximately 32 acres of the above referenced acreage from R-1 to R -2, Two - Family Residential zoning. The third application requests Class (2) land use approval to construct duplex residential units within the R -1 zoning district; and the final application involves the review of the environmental impacts of these combined actions. The various elements of this application will be reviewed concurrently during a single open record public hearing to be held before the City of Yakima's hearing examiner. Thereafter, a single closed record hearing will take place before the Yakima City Council wherein the Council will be considering the recommendation of the hearing examiner. Because the City Council's hearing will be based upon the record established before the hearing examiner it is important that comments be submitted in writing, before the open record public hearing, or orally during that hearing. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any questions concerning this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042 or e -mail at bbenson@ci.yakima.wa.us. NOTICE DATES Date of Application: August 30, 2003 Date of Complete Application Notice: December 28, 2004 Yakima Date of Application Notice: December 28, 2004 DOC. '`:: INDEX roc, # 1994 REQUEST FOR WRITTEN COMMENTS Your views on this proposal are welcome. All written comments received by January 17, 2005 will be considered prior to the issuance of a final recommendation on these applications. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicant's name in your correspondence. Preliminary determination of the development regulations that will be used for project mitigation and consistency: City. of Yakima Municipal Code, International Fire Code NOTICE OF PUBLIC HEARING This application requires that the City of Yakima's Hearing Examiner hold an open record public hearing on this matter. You will be notified when the hearing date has been set. Other Permits Required: The following local, state and federal permits /approvals are needed for this proposed project: SEPA Threshold Determination, Rezone from R -1 to R-2, Class (32) Land Use Review; Preliminary Plat Approval, Traffic Concurrency Review, Grading Permits, Building Permits, Clean Air Permit, possible General Stormwater Permit. Encl:. Narrative, Site Plan, Vicinity Map, Environmental Checklist and Preliminary Mitigated Determination of NonSignificance (MDNS) DOC, INDEX 2 WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON December 28, 2004 The City of Yakima has received an application for the following project that may be of interest to you. You are invited to comment on this proposal. PROJECT DESCRIPTION: Cottonwood Grove Phases 3 through 7, a 225 Lot Subdivision; Rezone of approximately 32 acres from R -1, Single - Family to R -2, Two - Family; and Class (2) Land Use Review for permitting Duplexes in the R -1 zoning_ district. PROPONENT: Cottonwood Partners, LLC LOCATION: In the vicinity of the 8900 block of Midvale Road LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #25 -04 COMMENT DUE DATE: January 17, 2005 DETERMINATION: The lead agency for this proposal has preliminarily determined that the project will not have a probable significant adverse impact . on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. This Preliminary MDNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on the proposed mitigation measures. All written comments received by January 17, 2005 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, WA 98901 IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES: This Preliminary MDNS is hereby conditioned upon the following mitigating measures, as authorized under WAC 197 -11 -660, Yakima Municipal Code YMC 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations which provide substantive authority to require mitigation under the State Environment Policy Act. DOC, INDEX # - 2__ A. Two Points of Ingress/Egress: Appendix D of the International Fire Code requires that new development comprising 30, or more, dwelling units must provide for two separate points of access. This plat must provide for a second access point to be built in a manner consistent with all applicable. international Fire Code standards as determined by the appropriate City of Yakima fire official. B. Safe Walking Conditions: RCW.58.17.110 (2) requires that provisions shall be made to include sidewalks and other planning features that "assure safe walking conditions for students who only walk to and from school." Compliance with this condition shall be required to include a paved all weather pathway seven feet in width in a location to be approved by the West Valley School District. C. Dust Control: Before any grading or construction, plans must be submitted to, and . approved by, the Yakima Regional Clean Air Authority. D. Storm Water Control: Washington Department of Ecology shall be contacted to schedule a site inspection to determine if a General Stormwater Permit is needed. All applicable local, state, and federal stormwater permits or other requirements shall be obtained or met. REQUIRED PERMITS: The following local, state and federal permits /approvals are needed for the proposed project: SEPA Threshold Determination, Preliminary Plat Approval, Traffic Concurrency Review, Grading Permits, Building Permits, Clean Air Permit, possible General Stormwater Permit. REQUIRED STUDIES: None ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary and Mitigated Determination of Nonsignificance for phases one and two of the Plat of Cottonwood Grove (Yakima County Environmental Review No. SEP 99 -36) adopted April 25, 2000. CONTACT PERSON: Contact Bruce Benson, Supervising Planner. Call (509) 575 -6042 for more. information. • DOC, INDEX 2 # ..� ._ STATE ENVIRONMENTAL POLICY ACT ENVIRONMENTAL CHECKLIST RECEIVED File No. AUG 3 0 2004 Date: August 18, 2004 CITY OF YAKI A PLANNING Di V, A. BACKGROUND 1. Name of Proponent: Cottonwood Partners, LLC. Phone Number: . (509) 966 -9335 Address of Proponent: P.O. Box. 8353, Yakima, WA 98908 2. Person Completing Form: Bill Hordan Phone Number: . (509) 249 -1919 Address: 410 North 2nd St., Yakima, WA 98901 3. Date Checklist Submitted: 4. Agency. Requiring Checklist: City of Yakima Community & Economic Development 5. Name of Proposal, if Applicable: The Plat of Cottonwood Grove Phases 3 through 7. 6. Proposed timing or schedule (including phasing, if applicable) : This project is the continuation of The Plat of Cottonwood Grove. Phases I and II have already been developed. This proposal is to subdivide the balance of the property into 5 phases (Phases 3 through 7). Phase 3 will consist of the development of 59 Single- family Residential lots and 10. common wall lots. Construction is expected to commence in the Spring of 2005. Phase. 4 will consist of the development of 40 Single- family Residential lots and 26 common wall lots. Construction is expected to commence upon the completion of Phase 6. Phase 5 will consist of the development. of 31 Two- family Residential lots. Construction is expected to commence in the Spring of 2005. Phase 6 will consist of the development of 40 Two- family Residential lots. Construction is expected to commence in the Spring of 2006 or upon completion of Phases 3 and 5. Phase 7 will consist of the development of 32 Two - family Residential lots. Construction is expected to commence upon the completion of Phase 4. Doc. INDEX -1- 7. Do you have any plans for future additions, expansions, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Environmental review for Phases I and II was conducted in 1999 by Yakima County -- File No.: SEP 99 -36. Environmental _review for a Comprehensive Plan Amendment was conducted in 2000 by Yakima County and the City_ of Yakima -- File No.: CPA 9 -00. 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. At the time of this submittal, there are no known pending applications which. affect this proposal. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Preliminary long plat approval Building permits Road approach permits Utility .. connection permits Class 2 Review Rezone Traffic Capacity Analysis 11. Give complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat -those answers on this page. The proposal is to subdivide approximately 64 acres into a total of 228 residential lots to construct 331 dwelling units. Eight -nine lots will be for single-family residences, 36 lots will be for attached single - family residences and 103 lots will be for two- family residences. Approximately 32 acres of the approximate 64 acres are proposed to be rezoned from Single- family Residential (R- 1) to Two- family Residential (R -2) . DOG, - 2 - INDEX • 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. The property generally lies at the southwest corner of South 88th Avenue and Midvale Road, within the Yakima City Limits. There is no known address of the property (approximate address 8900 block of Midvale Road) . 13. Taxation Parcel No. (s): 181330 - 21005, 24004, 24006 & 13003. B . ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one) : rolling, hilly, steep slopes, mountainous, of er b. What is the steepest slope on the site (approximate percent slope) ? Approximately 1 to 2 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck) ? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the Soil Survey of Yakima County Area Washington, the property has soil types of: Esquatzel silt loam, 0 -2 percent slopes, and; Umapine silt loam, drained, 0 -2 percent slopes. Both soil types are classified as prime farmland. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. Doc. INDEX -3- :. . } e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No major filling or grading is expected as the ground is generally considered flat. Some minor grading can be expected for road construction and residential building pads. If fill is required for the project, it is expected to come from an approved source. • f. Could erosion occur as a result of clearing, con - , struction, or use? If so, generally describe. Some minor blowing dust could occur during the construction and leveling process. g. About what percent of the site will be covered with impervious . surfaces after project construction (for example, asphalt or building) Approximately 40 to 45 percent of the property will be covered with impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Sprinklers and a water truck will be on -site during site preparation to control blowing dust. 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. During construction -- exhaust from earth moving equipment. After construction -- minor automobile exhaust. Quantities are not known, but should be minimal. b. Are there any off -site sources of emissions or odor that may affect your proposal? • If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Sprinklers and a water truck will be on -site during site preparation to control blowing dust. 000. -4- INDEX 3. WATER a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands) ? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. • Yes, the Shaw Ditch runs through the northwest corner of Phase 5. The ditch eventually flows into Wide Hollow Creek. 2. Will the project require any work over, in, or adjacent to (within 200 feet) of the described waters? • If yes, please describe and attach available plans. Work will be performed within 200 feet of the ditch. Residential structures will be constructed on the lots which abut the ditch. 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. Not applicable. No fill or dredging is proposed. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No. 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. No. DO C, INDEX - 5 - 3 b. Ground: 1. Will groundwater be withdrawn, or will water be discharged to groundwater? Give general descrip- tion, purpose, and approximate quantities if known. No. 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. No waste material will be discharged into the ground from this project. c. Water Runoff (including storm water): 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. Drainage trenches are proposed to be constructed within the street grid to accommodate stormwater runoff from streets and portions of impervious surfaces. Storm water will not flow into other waters. 2. Could waste materials enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: See c. above. Additionally, a minimum 75 -foot wide vegetative buffer is proposed between Shaw Ditch and the residences which will be constructed adjacent to the ditch (see plat for setback -- Phase 5). • • DO `F. - 6 - INDEX # ' 4. PLANTS a. Check or circle type of vegetation found on the site: XX deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture XX_crop or grain XX wet soil plants; cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other XX_other types of vegetation -- WEEDS b. What kind and amount of vegetation will be removed or altered? Eventually, all vegetation except for.. the 75 -foot vegetative buffer will be removed from the property. 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: Once residential housing is constructed, the property will be replanted with normal residential landscaping,, such as grass, shrubs and trees. 5. ANIMALS a. Circle any birds and animals which have been observed . on or near the site or are known to be on or near the site: Bird: hawk, heron, eagle, on.bird other: 4 Mammals: deer, bear, elk, beaver, ctherr Cie4.4 frt 5 7 C Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. None known. • -7- INDEX c. Is this site part of a migration route? If so, explain. No. • d. Proposed measures to preserve or enhance wildlife, if any: Retention of a 75 -foot vegetative buffer along Shaw Ditch. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity and natural gas will be used for energy needs. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The project will be constructed to Uniform Building Code and the State Energy Code. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. • 1. Describe special emergency services that might be required. . No special emergency services will be needed. 2. Proposed measures to reduce or control environmental health hazards, if any: None proposed. f Jf. -8- INDEX b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? No known noises in the area will affect this proposal. 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 -- Normal construction noises associated with residential construction. Long -term -- Some minor traffic noise should be expected. 3. Proposed measures to reduce or control noise impacts, if any: Compliance with the City Noise Ordinance.: 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently planted in alfalfa. To the north and east are single - family residences on large lots /acreages. To the northeast is Phase I and II of Cottonwood Grove, which contains single - family and attached single - family housing. To the south is an alfalfa field and a horse operation. To the west is Cottonwood Elementary School and outdoor playfields. b. Has the site been used for agriculture? If so,, describe. Yes, the site has historically been planted in alfalfa. c. Describe any structures on the site. The site is currently vacant of structures. d. Will any structures be demolished? If so, what? Not applicable. e. What is the current zoning classification of the site? The property is zoned Single - family Residential (R -1). - 9 - INDEX # .' f. What is the current comprehensive plan designation of the site? The comprehensive plan designation is low- density and moderate density residential. g. If appli cable, what is -the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? No. i. Approximately how many people would reside or work in the completed project? Approximately 1,000 people will reside on the site at full build -out. j. Approximately how many people would the completed project displace? No people will be displaced. k. Proposed measures to avoid or reduce displacement impacts, if any: None proposed. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Compliance with the Yakima Urban Area Comprehensive Plan and Yakima Urban Area Zoning Ordinance. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high -, middle- or low- income housing. A total of 331 units will be provided. They will be middle - income units. b. Approximately how many units, if any, would be eliminated? Indicate whether high -, middle -, or low- income housing. Not applicable, there are no housing units on the property. INDEX -10- # • ) ) c. Proposed measures to reduce or control housing impacts, if any: None proposed. 10. AESTHETICS a. What is the tallest height of any proposed struc- ture(s), not including antennas; what is the principal exterior building material(s) proposed? The tallest height of any particular structure will be approximately 24 feet. But in no circumstance will a structure exceed the zoning district regulation for height. The principal exterior building material is expected to be wood, masonite, brick and /or a combination thereof. b. What views in the immediate vicinity would be altered or obstructed? No known views will be altered or obstructed. c. Proposed measures to reduce or control . aesthetic impacts, if any: None proposed. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly. occur? Normal night -time lighting associated with residential living can be expected. It will mainly occur at night. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off -site sources of light or glare may affect your proposal? No known off -site sources of light or glare affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any: Lighting will be directed inward and downward to the best of the developer's ability to prevent light and glare from leaving the site. INDEX -11- 12. RECREATION a. What designated and informal recreational opportunities are in the immediate. vicinity? Outdoor playfields are located at. Cottonwood Elementary School which abuts this proposal on the west. Additionally, the West Valley . Neighborhood Park is approximately 1 ,mile to the southeast of the proposal. Additionally, biking and walking have also been observed in the general area. b. Would the proposed project displace any existing recreational uses? If so, describe. •• No. • c. .Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None proposed. 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. c. Proposed measures to reduce or control impacts, if any: None proposed. • DOC. INDEX -12- E r • 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. - The subject property is served by the existing roadways of South 88th Avenue and Midvale Road. South 88th Avenue connects to Tieton Drive which in turn connects to the grid of other city arterials and collectors. These arterials eventually connect to the Interstate system. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes. The nearest transit stop is about 1,000 feet north of the proposal. c. How many parking spaces would the completed project have? How many would the project eliminate? The completed project will have a minimum of two parking spaces for each residential lot. This equates to a minimum of 662 parking spaces. No parking spaces will be eliminated. • d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways. If so, generally describe (indicate whether public or private). Yes, the project is proposed to construct all interior local access streets. Upon completion of the roadways, they will be dedicate to the public (City of Yakima). e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Based on the ITE Manual, this proposal will generate approximately 3,310 vehicular trips per day (10 per residence) . Peak times will generally be on from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. INDEX -13- g. Proposed measures to reduce or, control transportation impacts, if any: None proposed. • • 15. PUBLIC SERVICES a. Would the project result in an increased need for •' public services (for example: fire protection, police • • protection, health care, schools, other ?) If so, generally describe. No increased need is expected. • b. Proposed measures to reduce or control direct impacts • on public services, if any. • None proposed. • 16. UTILITIES • a. Ci . - the util " " - entl v labs e at the site: atural gas Ov efuse service • t - -.hon- - - septic system, irrigation, . cable TV,' drains, of e . • 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. No new utilities 'are proposed, general construction . activities will include trenching associated with extending ,existing utilities to serve the development. • C. SIGNA'ruKE • 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. 17/4eL • Proponent or Person Completing Form Propert Owner D O ('. • J DEX• COTTONWOOD PARTNERS, LLC Exhibit List CHAPTER F APPLICATION EXHIBIT # DOCUMENT DATE F -1 Preliminary Subdivision, Rezone, Class (2) and Environmental Checklist 8 -30 -04 Applications > CITY OF YAKIMA: - � t . ; fir L i. TD USE APPLICLL iION REcEiv �r ,caPq . I V : t DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENTAUG y1 ' � 129 NORTH SECOND STREET, 2ND FLOOR 3 0 2004 s'4, e • - ,, • °4',GYAno. `eg - YAKIMA, WASHINGTON 98901 C1Tlo OF I `:a s`' ' „,,.. - -_ - VOICE: (509) 575 -6183 FAX: (509) 575 -6105 PLAN��l�� 1 � __ t l _, k 4N,Yfr F1 ili V. tjj. ''' i _ LI :% s ' ), 'r Y k 3E T: s `�' i i F '•is } w' .a - y s u' '�' �-> -• /, F � . : F �F \, : 4e . ` \� ' R7>•\s \�� ." '^` �, ... � " - " .. " ...: .. i . •.. � �+x,��eoas ob' >w caAct7Td oi�aeerx�ae' •+" R�u�2.�...i .., s:,i\ .�, uJ^`^• Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. 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. Remember 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. 5Yis3e jr ;:f.,..„ I t; s , � „,,.,.;, ,'' „, g € �.a &I „,...,,,,,,::,„,,,,,s,,:, .. c u, \ A \ c> �� 1�r.'%° � 4 t k s�i r,$¢ �e �it{ � $, � � k`w � � tr �.,,zw�. ",..�a. : ,,.a�a,sa,,......J y�:l..`.a�. �r ,., \\ sw�y��.� � \`..-z. ..�...a �.,�. - �•.a� \ 1. APPLICANT NAME o -r j�} ect a 5 ) (,Cc., , 2. APPLICANT ADDRESS STREET p 0 . 73,, ` 35'3 CITY 0 ,,,L, AND PHONE NUMBER STATE 144 ZIP Ci 610 PHONE (5 ) 966 -- 933" MESSAGE ( ) 5 -frt 3. APPLICANT'S INTEREST CHECK ❑ OWNER 0 OWNER REPRESENTATIVE IN PROPERTY °NE ❑ CONTRACT PURCHASER OTHER 43 ;, 4. PROPERTY OWNER NAME L t Z-1------ Z-1------ Z-1------ J (IF OTHER THAN APPLICANT) ` j( t'i t"t 5. PROPERTY OWNER'S STREET 2 o, ` px 6'3( -, CITY CIA-e ADDRESS AND PHONE l (IF OTHER THAN APPLICANT) STATE, J4 ZIP `7 0 PHONE (57)9) 966 - 6,0(,o MESSAGE ( ) S” 4 t 6. ASSESSORS PARCEL NUMBER (S) FOR SUBJECT PROPERTY: ( g i 33a 2_4 00 J 7_ -/ O' 6 2..V46( 1 /3 ®4 3 7. EXISTING ZONING OF SUBJECT PROPERTY: 8. ADDRESS OF SUBJECT PROPERTY: 'i o KJ ) 1 -- d'egAo?U AlAi - el ego() 3L -oc-i4 1 MIOV i2-- &, 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) t Class (2) Use tg, Environmental Checklist (SEPA) ❑ Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption x Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation tit Preliminary Subdivision ❑ Interpretation b xxm He�r Fer ❑ Administrative Adjustment ❑ Short Plat Other �` 1 10. SEE ATTACHED SHEETS P l';, v''' v L q t i @ V . , .., e# s ti >,: s i :' xis Si ; -HS ',a 1 » `s t 7� £ ,,. c £.' ”, i' ix G i ?t ” :: ; ),, k' "": ,? , 13f3r' ss vpr % 11. I - `'t that the information on this application and the required attachments are true and correct to the best of my knowledge. _/ /.L��r4 SIGNATURE DATE Revised 9 Or I -98 / FOR ADMINISTRATIVE USE ONLY .;, a 14 N g :.Q i • .,o-a ■4■114 ? DATE FEE PAID RECEIVED BY AMOUNT , 1. t. , ; .3 �; ` . rk iv,. era zdne i ni APPLICATION FOR: RECEIVED PRELIMINARY SUBDIVISON AUG 3 0 2004 CITY OF YAKIMA SUBDIVISON ORDINANCE CITY OF YAKcl � ,,..:,.«a..;< �..,,:; ,,.,.., .:, .,..,..w., .>,.. 'S>,.,a • t,.aar, a „�..a1�\,>�.' 1. PROPERTY OWNER List all persons and financial institutions that have a financial or ownership interest in the property. (Attach if lengthy). Name and address Name and address W 64T Po-30y e3lo 1 1 4 , L�.1�4 '7 o° 2. SURVEYOR AND ADDRESS 3 -5 , 4$Sa R0. `i3 ox z....0‘4 LpiffeldAl �- VIA.. 90/07 3. MAIN CONTACT (Person who should receive correspondence and be availalbe to answer questions) 13c Li, feDi P J D tl.Jo t# 2. 5 T. ci tpti4 LR1, 9gc/ r� 1 4. GENERAL LOCATION OF PROPERTY (Address if available) go 1u «. ,4 s — �t L iI 1 S 510 Go Sa Viru A-4/01.44.4..a. 12 5. NAME OF SUBDIVISON 7 -- Ak 1�e ,o ‘,/ .. ,-- PkbAs 3 `wry 4 ° j 6. PROPOSED NUMBER OF LOTS/RANGE OF LOT SIZES 22$ - (-0 TS 4- Z. i14c.'S 7. SITE FEATURES r <?� -S; ° 2-‘1 Zec A) General description of the site (Check all that apply) Flat ❑ gental slopes ❑ steep slopes B) Are there any indications of hazards associated with unstable soils such as slides or slipping in the area? ❑ YES g NO Describe: C) Is the Property in a 10,0 year floodplain or other critical area as defined by the Washington State Growth Management Act (GMA)? A YES ❑ NO 8. UTIL1TIES AND SERVICES A) Indicate the source of domestic water and sewage disposal method: DOMESTIC- Wes- 0/4' 0'8 ” 7 1 4 - 60Molival 5 , .tr 0is,cs U A C.c B) Check which of the following is available: gi Electricity Telephone 14 Cable TV a Natural Gas y`' � ' ` 4 �x,4t. ro C) Is irrigation water available to the p erty? YES d NO By whom: CO'- 6tsa.) b 1 'r +-I- — V D) Distance to nearest fire hydrant: uTS ? E) Name of nearest street: 1 n4 `' A u6 F) Name of nearest school: 6 DoO G) Method of handling surface water drainage: `1 --t►? caoc45 r�r�:: - tt �xtxx.�n » z�r�e+' mxri '."`^`"+. -- 11 I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review. I understand that condi- tions of approval such as dedication of right -of -way, easements, restrictions on the type of buildings that may be constructed, and access restrictions from public roads may be imposed as a part of preliminary plat approval and that failure to meet these conditions may result in denial of the f i n a l plat. DOC x.,as 7 2./7„-,PC, ? *�-- q ° ,2 63 —0/ INDEX ". Property Owner(s) Date page 2 of 2 SUPPLEMENTAL APPLICATION FOR: .,,,, " , �ty� _ LL ": µ m CLASS (2) REVIEW 0 CLASS (3) REVIEW I � '��� �r�a�'OB't Z &9 CHAPTER 15.14 AND 15.15, YAK.IM- URBAN AREA ZONING ORDINANCE (UAZO) n.^y " ' t S "- s e +` rr r - , y, a .,"..,S "Tr T a r i A i .Q i '' r t v 2 ti -c� ^w s� �� c a r r742.7;;":6411-71;::4-11,A4, r x . 1. x r .q � c w a � f� t =:. ,, �•:'� i Y� ,.T ' ,11, 3i � .,a; ,, ', '.! :.. .Fr_ » < sr......... -. o.�ti'. , a" �a. i ..o:aa,i�x l. PROPOSED LAND USE TYPE (Important: Must be taken From Table 4 -1, of the Urban Area Zoning Ordinance) 4° c OD � u — r I X1,..1 W 6 Ce-01 (-s .) a LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) _ 1 3 02 04. PL kA 1',tl �`"",°" xG' .iwFY?sM` e�:Y§ 1 J ` nn ,'1 7 1 :. ; 5 Y � 17,-:`w, M77- Y y E"^' iv1 _ 1 s $.:. a� , J'`�.y � v° ' s e Y ..: y�..�, . t >r o..,�.�... F'.ds..x,O >al 2'z a a ti:zalid sluil., .�u. sw:L w ta.,.. ae...`..Ao3 .c. ' , � �.. ;, dacebsa.. i�; si.', S.-7�,vc4...:4.,..wa.A:±....sas a..t.,.::.t 5. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist) 6. A WRITTEN NARRATIVE: (Please answer the following questions in the narrative) A. Fully describe the proposed development, including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. B. How is the proposal compatible to neighboring properties? What mitigation measures are proposed to promote compatibility? C. Is your proposal consistent with current zoning of your property; and, Is your proposal consistent with uses and zoning of neighboring properties? D. Is your proposal in the best interest of the community? 7. AN ENVIRONMENTAL CHECKLIST: (If required by the Washington State Environmental Policy Act (EPA)) Note: If you have any questions about this process please come in person to the Planning Division, 129 North 2nd St. Yakima, WA or call the Planning Division at (509) 575 -6183, Monday through Friday 8 a.m. to 5 p.m. FOR ADMINISTRATIVE USE ONLY For Class (2) Applications, the proposed development requires Class (2) Review for the following reasons: ❑ Listed as a Class (2) use in Table 4-1; or, ❑ Structural or other physical site improvements are proposed or required by this title, and the use has frontage on a designated collector or arterial road (single - family dwellings, duplexes, and their accessory structures are exempt from this provision); or ❑ All or part of the parcel proposed for development is in the Flood Plain, Airport, or Greenway Overlay Districts; or, i ❑ The proposed use includes hazardous materials; or, L. ❑ A mobile or manufactured home listed as a Class (2) use in Section 15.04.120. DO J / INDEX ``t l Revised 9 - -° « SUPS EMENTAL APPLICATION FOR: RECEIVED f�: r,,, AUG 3 0 } I REZONE CIT AA } A;), :, % PLANNING Div ''$ °R " *� i" CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO) 3n. ..... ........ ... . ... .. .....rte:,. ....: :,,;. .�. .. ;,� ..:: �, ,. :: ". . >r�:ss <.. , a�, �:qn > }<., s F,. �� �` �F�• s' W� ;':�5�?'t�u�- .,ZS „'�� ••:�.�d`�''E F A'c ^ <.. ,y'�%� <,�2 ,,.•.%�. y .... . ..... .: .._ , . � ,.,_. . ;, F � r : v x�,t <lu' ; � z;d�� ?tea 'A. _s:. >� g�� �� :3�f���.'�i�”- i� 3s�••.f�;. �d>..,, ,�„��_..,.,. _ 1. REQUEST: (I, we) the property owner(s) request that the following described property be rezoned: From 61—'2) �J if+�6U - ii O a Th i / To "` i4° - 611 j 20496 11 r ii 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) '5 - 01- : ' - / AS) 3. OWNER'S SIGNATURE: (I, we) certify that (I, we) are the owner(s) of record of all of the above described prop: " / " 004 P. yp T NV IP Att. Alp u NOTARY N ( OWNER(S) SIGNATURE) STATE O \ SHI Et , COUNTY ■,• A*: a 4 • ,e4 1 , t < ' fore me p�. 1� '� �' �' � A. known to me to be the in On dividual(s) day pe � lit indls) descri • - • a d who executed within and read the application ton and know the acknowledged onten�theheofhand believe the owner(s) of the property requested to be rezoned, same to be true. this �3da of -(--- . E:g ::; <:, GIVEN under my hand and official seal t y , .. ,;..,,..,.. ,. :. n: ,. <, <.�f. >F� s %�i5 . �`� ��a+z�i�s: l"?i�+ 4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by the Washington State Environmental Policy Act (SEPA) for a rezone request. Checklists should be obtained from the Planning Division. 5. WRI1 irt,N NARRATIVE thoroughly answers the following questions in as much detail as possible: A. Is the requested zoning change suitable with the property in question (subject property)? How so? B. How is the rezone request in compliance with and/or how does the request deviate from the 1997 Yakima Urban Area Comprehensive Plan as amended? C. Are there adequate public facilities, such as traffic capacity, sewer service,potable water, storm water and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. Is the proposed zone change and associated land uses changes compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as site screening,buffering building design, open space traffic flow alternation, etc.? E. Is there a public need for the proposed change? 6. SPECIFIC PROJECT If this request is for a specific project please include the following: A. Written project description including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. B. Site Plan (Please use the Cityiq f Yakima Site Plan Checklist) Note: All submitted information will be forwarded to the Hearing Examiner along with your application and will become pa ,t8f ,Xhe hearing record. Clear, comprehensive and accurate detail of the information is in the best interest of the applicant. ILJJ i -', INDEX - `Revised 9 -98 RECEIVED AUG 3 0 2004 CITY OF YAKIMA WRITTEN NARRATIVE PLANNING DIV (FOR REZONE FROM R -1 TO R -2) A. Is the requested zoning change suitable with the property in question (subject property)? How so? The requested zoning change is suitable with the property in question because the property is served with all urban services and is currently designated Moderate Density Residential by the Yakima Urban Area Future Land Use Map. The general area is a mixed use neighborhood, particularly to the east where numerous duplexes, tri- plexes and multi - family units currently exist. A change in circumstances also has occurred which makes this rezone suitable. Since adoption of the Yakima Urban Area Comprehensive Plan, the Comprehensive Plan Designation was change from Low Density Residential to Moderate Density Residential, a new shopping center was constructed at 72nd and Tieton Drive and Tieton Drive has been widened from 2 lanes to 4 lanes. A left - hand turn pocket was constructed in Tieton Drive to serve this property and its expected development. B. How is the rezone request in compliance with and /or how does the request deviate from the 1997 Yakima Urban Area Comprehensive plan as amended? The rezone request is in compliance with an amendment to the 1997 Yakima Urban Area Comprehensive Plan, as filed and approved in March of 2001 (File No.: CPA 9 -00). That application changed the Comprehensive Plan Designation of the subject property from Low Density Residential to Moderate Density Residential. The proposal also meets many of the goals, objectives and policies of the plan which are listed in the General Development, Public Services, Commercial Development, Land Use, Transportation, Utilities and Capital Facilities element of the Plan. The rezone request is also in compliance with the amended plan because when the underlying Comprehensive Plan Designation was changed to Moderate Density Residential, the proposed rezone now is consistent with the matrix of the "Future Land Use Map to Zoning Map Consistency" chart. The "Future Land Use Map to Zoning Map Consistency" was added to the Comprehensive Plan in 1998 as an amendment and it indicates that the proposed rezone is compatible with the plan. This rezone request meets the intent of that amendment, as well as the amendment to the Future Land Use Map. DOC. INDEX C. Are there adequate public facilities, such as traffic capacity, sewer service, potable water, stormwater and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? Yes, there are adequate public facilities to serve this proposal. All urban level services are also available to the site, or can be easily extended to the site. Subject to the Traffic Capacity Analysis of the City, the project will be in compliance with the transportation element of the Growth Management Act and City Development Standards. The property can be served with all other infrastructure including domestic water, sanitary sewer, natural gas, electricity, telephone, cable TV and any other needed utilities. No mitigation is proposed at this time; as preliminary indications are that all infrastructure needs can be met. D. Is the proposed zone change and associated land use changes compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alternation, etc.,? Yes, the proposed zone change and associated land use changes are compatible with existing neighboring uses. The proposal is a continuation of the plat of Cottonwood Grove Phases I & II, which contains a mixture of common wall units and single- family residential units. A site view of the neighborhood indicates that the general neighborhood is also mixture of housing styles and types. This proposal is compatible with those uses. Probably the best aspect of this proposal is that it abuts Shaw Ditch along the north and extensive buffering is required to protect the natural feature of the ditch. Phases I and II of Cottonwood Grove also abut the proposal on the north. Lots within that development are currently under residential construction. To the west are outdoor play fields and Cottonwood Elementary School, extensive buffering exists here, too, because of the extreme distance between uses. Property to the south is mainly owned by the current proponents, and that which is not, is large vacant acreages. Those properties lie outside the current Yakima Urban Area, but within, the Urban Reserve of Yakima County. This area is expected to contain future urban growth. Thus, through lack of existing land use to the south, and such large lot sizes, natural buffering exists. Property to the east contains single- family residences on large acreages. Distance between the uses is a buffering factor again. Additionally, the lots on the east line have been left large in size, 10,000 square feet, to minimize the impact along that property line. D C. INDEX At this time, no specific mitigation measures are proposed as part of this proposal. However, as the environmental checklist is processed and public hearings are conducted, some mitigation may be required for compatibility purposes. E. Is there a public need for the proposed change? The land use reclassification is needed because there is a need for additional Two - family Residential (R -2) zoning in West Valley. The majority of the R -2 zoning in this particular area is currently "built -out" and unavailable for development. Currently, there are some vacant R -2 properties, however, many of them are in areas where no sewer lines exist. This limits the development of those properties. This property is served with all urban level services and can accommodate the growth. Based on this, there is a public need to provide affordable housing and rental units in this area, and Yakima as a whole. DOG. INDEX l RECEIVED WRITTEN NARRATIVE AUG 3 0 2004 (Class 2 Review) CITY OFYAKIMA PLANING DIV. A. Fully describe the proposed development, including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. The proposal is to create 10 common wall lots in Phase 3 (Lots 301 through 310) and 26 common wall lots in Phase 4 (Lots 401 through 408, Lots 403 through 408 & Lots 444 through 461). As proposed, the lots would generally be about 5,250 square feet in size. The lots will range in size from the smallest being 5,200 square feet to the largest being 5875 square feet. The units will have direct access to abutting roadways via shared road approaches. Each unit will have a two car garage and 2 parking spaces in front of the garage. The foot print of individual units will generally be 36' x 36', approximately 1,300 square feet in size. A 10' x 10' patio can also be expected. Based on these dimensions, a typical individual lot will have lot coverage of approximately 37 percent. However, the proposed lots can accommodate larger units, and in most cases, larger units will be constructed. All other development standards such as lot size, parking spaces, height limitation and other structural setbacks are proposed to be met. B. How is the proposal compatible to neighboring properties? What mitigation measures are proposed to promote compatibility? The proposal is compatible with surrounding land uses because the neighborhood currently contains common wall units in Cottonwood Grove Phases I and II. The proposed units in Phases 3 and 4 abut existing common wall lots along the west side of South 88th Avenue. This is a continuation of those previously approved lots in Phases I and II and are compatible with one another. South 88th Avenue is constructed to an urban collector standard, which is less desirable for detached single - family residential uses. The row of common wall lots along South 88th Avenue currently abuts property which is designated Moderate Density Residential. As proposed in the balance of this master application, that property is proposed to be rezoned from Single - family Residential (R -1) to Two - family Residential (R -2). These two housing types are similar and are also compatible with one another. DOC, .,y. INDEX J _if__ I } The balance of the common wall units are at the south edge of Phase 4. The backyards of these proposed units will face Nob Hill Boulevard. Eventually, Nob Hill Boulevard will become an urban arterial, which is also less desirable for detached single - family residential uses. Property to the south of this row of common wall lots is currently in the same ownership and outside the current Yakima Urban Area. That property is planted in alfalfa and is proposed to remain that way until it is platted. At that time, additional common wall units will be proposed along the south side of Nob Hill Boulevard. As proposed in all phases, the common wall units will be placed within the interior of the proposed plat or adjacent to property under the ownership of the developer. This is to ensure compatibility with the surrounding neighborhood. Until other roadway connections are made, all traffic generated by this proposal will flow out of the entire Cottonwood Grove development. Therefore, traffic from this development will not pass through any existing neighborhood other than its own. This type of housing permits affordable housing for middle - income people and fits in with the surrounding neighborhood. The project is also compatible with neighboring land uses because the proposal is located within the Yakima Urban Area and the West Valley Area. Several duplex and common wall developments similar to this project have been approved throughout the West Valley Area since the adoption of the Urban Area Comprehensive Plan and Zoning Ordinance. C. Is your proposal consistent with current zoning of your property; and, Is your proposal consistent with uses and zoning of neighboring properties? The proposal is consistent with the zoning district intent, standard intent, and purpose intent adopted in the Yakima Urban Area Zoning Ordinance because it meets the intent of the Single - family Residential (R -1) Zoning District and meets all required development standards in the zoning ordinance. The proposal is consistent with the goals, policies, objectives, and development criteria adopted in the Yakima Urban Area Comprehensive Plan because this development encourages a mixture of housing types and densities, promotes infilling, provides public sewer and water, encourages disposal of surface drainage on -site and encourages development consistent with the general land use pattern in the area. DOC. INDEX F-, D. Is your proposal in the best interest of the community? This proposal is in the best interest of the community because it increases affordable housing and creates jobs. It also promotes a theme for the Cottonwood Grove development as a whole, as this proposal is a continuation of a previous aspect of Cottonwood Grove Phases I and II. DOC. INDEX r ) RECEIVED AUG 3 0 2004 CITY OF YAKI4MA LEGAL DESCRIPTION FOR CLASS 2 REVIEW (COMMON WALL UNITS) TAX PARCEL NUMBER 181330 -13003 The Southwest quarter of the Northeast quarter of Section 30, Township 13 North, Range 18 East, W.M. EXCEPT the North 27100 feet thereof. DOG. INDEX # ( j RECEIVED AUG 3 0 2004 CITY OF ¥AKIMA LEGAL DESCRIPTIONS FOR REZONE PLANNING L/11, (R -1 to R -2) 9�y TAX PARCEL NUMBER 181330 - 21005 The Southeast quarter of the Northeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18 East, W.M. TAX PARCEL NUMBER 181330 -24004 The North 824.33 feet of the Southeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18 East, W.M. EXCEPT the West 528.50 feet thereof. TOGETHER WITH the North 60.00 feet of the West 528.50 feet of the Southeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18 East, W.M. TOGETHER WITH the West 10.00 feet of the Northeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18 East, W.M.; EXCEPT the North 30 feet thereof for road. TAX PARCEL NUMBER 181330 -24006 The Southeast quarter of the Northwest quarter of Section 30, Township 14 North, Range 18 East, W.M. EXCEPT the North 824.33 feet thereof. AND EXCEPT the West 528.50 feet thereof. DOC. INDEX r,E LOT 305 COVERAGE CALL'S \OO.00' V SIDE SETBACK L 5,200 - TOTAL TAT AREA 872 - ASPHALT AREA 1,780 - BUILDING & COVERED AREAS p" p ( 33.0 %) 28,188 - TOTAL COVERAGE M ( 87.0% ) 57,178 - TOTAL LANDSCAPING b b .011 O O In ci I us 1X N 1 -4---- I \00.00' p MO lot LINE --- .. H.,_ LOT 306 COVERAGE CALL'S 5,200 - TOTAL LOT AREA 872 - ASPHALT AREA 1,780 - BUILDING & COVERED AREAS p , ( 33.0% ) 28,188 - TOTAL COVERAGE ( B7.0 %) 57,178 - TOTAL LANDSCAPING Ne g _ O O O a , - O p l N A fe ''TII� \ \ \ \� \ T N N 1 ,1 p I RECEIVED \ uy V SIDE SETBACK 4_ 1 .4...;.„ ®® AUG 3 0 2004 \oo.00' -- -- CITY OF YAKIMA 1 ` PLANNING DIV. SVVE ?LAN f Ma:1 =21 i RECEIV \ 1 AUK 3 0 2004 i CITY PLAIy� NG o,v.. MIIIIIMMINJ I / I , I f ? . /. . I / I , , ,. .., „.____ I I I I 0 P • , . I . 1 11, , , I I I I I • I • • . . . . 1 • . , , I DOC. -'„,=,,.. .. NDEX 3 r ) ) �F MISCELLANEOUS GUARANTEE #ir a PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. 1:1:1- i ' . GUARANTEE fr #T SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER c. i , = �' PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A r PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY � ' OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE � VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. S VA Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, e?. GUARANTEES - the Assured named in Schedule A against actual monetary loss or damage not exceeding the M� liability amount stated in Schedule A which the Assured shall sustain by reason of any z incorrectness in the assurances set forth in Schedule A. r af 3 Dated:OC 25, 2004 @ 8:OOam ,r, i 4 7::'::i' '''' .„ ' , ' ' Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. a (1)7)...\ JS A .'.....'.......--'"Sl......" President 1 �` r s ; , ;: ,.. :, , : :;1 , , ,, , , ,,, i ,,,,. - „x: - , Countersigned by: ‘l:,;:i:r7',1:-;;::,=.,' n _ PAClt NORTHWEST TITLE ma y ( /./. • I nsurance Company, Inc. 7 f f3 Autho d Signat „..,,,,,„...,,,,:_, �tt`E VALLEY TITLE GUARANTEE ' � / \4 a � coRPolurE N I, Company SEAL F 4 1926 ..� Yakima, Washington 6 ?e„ �ivASNINGits' City, State ., DOV. INDEX 1 ,,__-_, ( , 1 G- 1103.4963 ) ) a GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition Of Terms - The following terms when used in the Guarantee mean: The Company shall have the option to pay or settle or compromise for or in the name of the Assured (a) "the Assured ": the party or parties named as the Assured in this Guarantee, or on a supplemental any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full writing executed by the Company. amount of this Guarantee or, if this Guarantee is issued for the•benefit of a holder of a mortgage or a (b) "land ": the and described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed ' • lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or thereto which by law constitute real property. The term "land" does not include any property beyond the said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate incurred by the Assured claimant which were authorized by the Company up to the time of purchase. or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all (c) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. liability of the Company hereunder. In the event after notice of claim has been given to the Company by the (d) "public records": records established under state statutes at Date of Guarantee for the purpose of Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer imparting constructive notice of matters relating to real property to purchasers for value and without and assign said indebtedness, together with any collateral security, to the Company upon payment of the knowledge. purchase price. (e) "date ": the effective date. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment 2. Exclusions from Coverage of this Guarantee - The Company assumes no liability for loss or required in that paragraph, shah terminate, including any obligation to continue the defense or prosecution damage by reason of the following: of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority shall be surrendered to the Company of cancellation. that levies taxes or assessments on real property or by the public records. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the To pay or otherwise settle with other parties for or in the name of"an Assured claimant any claim issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by or (3) are shown by the public records. the Assured claimant which were authorized by the Company up to the time of payment and which the (c) Assurances to title to any property beyond the lines of the land expressly described in the description Company is obligated to pay. set forth in Schedule (A)(C) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes,.ways or Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the structure or improvement; or any rights or easements therein unless such property, rights or easements payment required in that paragraph, shall terminate, including any obligation to continue the defense or are expressly and specifically set forth in said description. prosecution of any litigation for which the Company has exercised its options under Paragraph 5. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as 8. Determination and Extent of Liability - This Guarantee is a contract of Indemnity against actual to such title, and as limited by such assurances. monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage • (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; and subject to the exclusions stated in Paragraph 2. (b) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity The liability of the Company under this Guarantee to the Assured shall not exceed the least of: of any judicial or non - judicial proceeding which is within the scope and purpose of assurances provided. (a) the amount of liability stated in Schedule A; 3. Notice of Claim to be Given by Assured Claimant - An Assured shall notify the Company (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be occurs, together with interest thereon; or given to the Company, then all liability of the Company shall terminate with regard to the matter or matters (c) the difference between the value of the estate or interest covered hereby as stated herein and the for which prompt notice is required; provided, however, that failure to notify the Company shall in no case value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 9. Limitation of Liability 4. No Duty to Defend or Prosecute - The Company shall have no duty to defend or prosecute any (a) If the Company establishes -the title, or removes the alleged defect, lien or encumbrance, or cures action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including action or proceeding. litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to (b) In the event of any litigation by the Company or with the Company's consent, the Company shall Cooperate. - Even though the Company has no duty to defend or prosecute as net forth in Paragraph 4 have no liability for loss or damage until there has been a final determination by a court of competent above: jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed y or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be by the Assured in setting any claim or suit without the prior written consent of the Company. necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien 1 Reduction of Liability or Termination of Liability All payments under this Guarantee, rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any Y y P Y appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its amount of liability pro tanto. rights under this paragraph, it shall do so diligently. 11. Payment of Loss (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have (a) No payment shall be made without producing this Guarantee for endorsement of the payment the right to select counsel of its choice (subject to the right of such Assured to object for reasonable unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, furnished to the satisfaction of the Company nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these causes of action which allege matters not covered by this Guarantee. Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the 12. Subrogation Upon Payment Or Settlement - Whenever the Company shall have settled and provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse of the Assured claimant. judgement or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of The Company shall be subrogated to and be entitled to all rights and remedies which the Assured any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for would have had against any person or property in respect to the claim had this Guarantee not been issued. the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its If requested by the Company, the Assured shall transfer to the Company all rights and remedies against option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of in any transaction or litigation involving these rights or remedies. the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall interest, and costs of collection. terminate. 13. Arbitration - Unless prohibited by applicable law, either the Company or the Assured may demand 6. Proof of LOSS or Damage - In addition to and after the notices required under Section 3 of these arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.' Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to . agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is submit to examination under oath by any authorized representative of the Company and shall produce for located permits a court to award attorneys fees to a prevailing party. Judgement upon the award rendered examination, inspection and copying, at such reasonable times and places as may be designated by any by the Arbitrator(s) may be entered in any court having jurisdiction thereof. authorized representative of the Company, all records, books, ledgers, Checks, correspondence and The law of the situs of the land shall apply to an arbitration under the Title A copy of the Rules may be memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the obtained from the Company upon request. loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall 14. Liability Limited to This Guarantee; Guarantee Entire Contract grant its permission, in writing, for any authorized representative of the Company to examine, inspect and (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this third party, which reasonably pertain to the loss or damage. All information designated as confidential by Guarantee, this Guarantee shall be construed as a whole. the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the claim, shall be restricted to this Guarantee. Assured to submit for examination under oath, produce other reasonably requested information or grant a writing endorsed permission to secure reasonably necessary information from third parties as required in the above (c ) No amendment of or endorsement to this Guarantee can be made except p by paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant under this Guarantee to the Assured for that claim. Secretary, or validating officer or authorized signatory of the Company • 7. Options to Pay or Otherwise Settle Claims: Termination of Liability - In case of a claim 15. Notices, Where Sent - All notices required to be given the Company and any statement in writing under this Guarantee, the Company shall have the following additional options: required to be furnished the Company shall include the number of this guarantee and shall be addressed (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. to the company at 215 Columbia Street, Seattle, Washington 98104 -1511. MISCELLANEOUS GUARANTEE GUARANTEE CONDITIONS AND STIPULATIONS. 1. Definition Of Terms - The following terms when used in the Guarantee mean: The Company shall have the o to pay or settle or compromise for or in the name of the Assured (a) the Assured ": the party or parties named as the Assured in this Guarantee, or an a supplemental any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full writing executed by the Company. amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a (b) "land ": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed - lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or thereto which by law constitute real property. The term "land" does not include any property beyond the said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate incurred by the Assured claimant which were authorized by the Company up to the time of purchase. or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all (c) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. liability of the Company hereunder. In the event after notice of claim has been given to the Company by the (d) "public records ": records established under state statutes at Date of Guarantee for the purpose of Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer imparting constructive notice of matters relating to real property to purchasers for value and without and assign said indebtedness, together with any collateral security, to the Company upon payment of the knowledge. purchase price. date ": the effective date. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation (e) "date": to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment 2. Exclusions from Coverage of this Guarantee - The Company assumes no liability for loss or required in that paragraph, shah terminate, including any obligation to continue the defense or prosecution damage by reason of the following: of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority shall be surrendered to the Company of cancellation. that levies taxes or assessments on real property or by the public records. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by or (3) are shown by the public records. the Assured claimant which were authorized by the Company up to the time of payment and which the (c) Assurances to title to any property beyond the lines of the land expressly described in the description Company is obligated to pay. set forth in Schedule (A)(C) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the structure or improvement; or any rights or easements therein unless such property, rights or easements payment required in that paragraph, shall terminate, including any obligation to continue the defense or are expressly and specifically set forth in said description. prosecution of any litigation for which the Company has exercised its options under Paragraph 5. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as 8. Determination and Extent of Liability - This Guarantee is a contract of Indemnity against actual to such title, and as limited by such assurances. monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; and subject to the exclusions stated in Paragraph 2. (b) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity The liability of the Company under this Guarantee to the Assured shall not exceed the least of: of any judicial or non - judicial proceeding which is within the scope and purpose of assurances provided. (a) the amount of liability stated in Schedule A; 3. Notice of Claim to be Given by Assured Claimant - An Assured shall notify the Company (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be occurs, together with interest thereon; or given to the Company, then all liability of the Company shall terminate with regard to the matter or matters (c) the difference between the value of the estate or interest covered hereby as stated herein and the # for which prompt notice is required; provided, however, that failure to notify the Company shall in no case value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 9. Limitation of Liability 4. No Duty to Defend or Prosecute - The Company shall have no duty to defend or prosecute any (a) If the Company establishes •he title, or removes the alleged defect, lien or encumbrance, or cures action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including action or proceeding. respect to the completion nd shall not bappeals able for therefrom, it shall loss or damage cause thereby. performed its obligations with 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to p any g y (b) In the event of any litigation by the Company or with the Company's consent, the Company shall Cooperate. - Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 have no liability for loss or damage until there has been a final determination by a court of competent above: jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. b (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be by the Assured in setting any claim or suit without the prior written consent of the Company. necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien except payments for expenses ts under this Guarantee, me Reduction of Liability or Termination of Liability - All payments rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any 10. Re mtnts made fr costs, attorneys' fees and pursuant to Paragraph 5 shall reduce the • appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall amount of nts pro tanto. not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. 11. Payment of Loss (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have (a) No payment shall be made without producing this Guarantee for endorsement of the payment the right to select counsel of its choice (subject to the right of such Assured to object for reasonable unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, furnished to the satisfaction of the Company. nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these causes of action which allege matters not covered by this Guarantee. Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the 12. Subrogation Upon Payment or Settlement - Whenever the Company shall have settled and provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse of the Assured claimant. judgement or order. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of would have had against any person or property in respect to the claim had this Guarantee not been issued. any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for If requested by the Company, the Assured shall transfer to the Company all rights and remedies against the defense of any action or proceeding, and all appeal er e and permit the Company to use, at its any person or property necessary in order to perfect this right of subrogation. The Assured shall permit option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing in any transaction or litigation involving these rights or remedies. evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall interest and costs of collection. terminate. 13. Arbitration - Unless prohibited by applicable law, either the Company or the Assured may demand 6. Proof of Loss or Damage - In addition to and after the notices required under Section 3 of these arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to . agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to upon the parties. The award may include attorneys' fees only if the laws of the state in which the land Is submit to examination under oath by any authorized representative of the Company and shall produce for located permits a court to award attorneys fees to a prevailing party. Judgement upon the award rendered examination, inspection and copying, at such reasonable times and places as may be designated by any by the Arbitrator(s) may be entered in any court having jurisdiction thereof. authorized representative of the Company, all records, books, ledgers, checks, correspondence and The law of the situs of the land shall apply to an arbitration under the Title A copy of the Rules may be memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the obtained from the Company upon request. loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall 14. Liability Limited to This Guarantee; Guarantee Entire Contract grant its permission, in writing, for any authorized representative of the Company to examine, inspect and (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this third party, which reasonably pertain to the loss or damage. All information designated as confidential by Guarantee, this Guarantee shall be construed as a whole. the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the claim, shall be restricted to this Guarantee. Assured to submit for examination under oath, produce other reasonably requested information or grant (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant under this Guarantee to the Assured for that claim. Secretary, or validating officer or authorized signatory of the Company 7. Options to Pay or Otherwise Settle Claims: Termination of Liability - In case of a claim 15. Notices, Where Sent - All noticed required to,be given the Company and any statement in writing under this Guarantee, the Company shall have the following additional options: required to be furnished the Company shat Athh number of this guarantee and shall be addressed (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. to the company at 215 Columbia Street S tthiri01dn „98104 -1511. r INDEX - `F,'. =., MISCELLANEOUS GUARANTEI 13 502 NORTH SECOND STREET POST OFFICE BOX 1625 YAKIMA, WASHINGTON 98907 V ALLEY 7 1TLE GUARANTEE PHONE (509) 248 -4442 FAX (509) 575 -1179 SUBDIVISION GUARANTEE SCHEDULE A Order No. 008007 Guarantee Serial No. G- 1103 -4963 Name of Assured: HORDAN PLANNING SERVICES & YAKIMA COUNTY PLANNING DEPARTMENT Your Reference: WHAT THE HAY LLC Liability: $100.00 Fee: $100.00 + $7.90 Tax Dated: October 25, 2004 at 8:00 A.M. The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the following described real property: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO. Title to said real property is vested in: "WHAT THE HAY" L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. DOC. , INDEX SUBDIVISION GUARANTEE Order No. 008007 Page 2 1. General taxes for the year 2004, in amount of $122.37, of which the first half has been paid, leaving an unpaid balance of $61.19, which does not become delinquent until November 1, 2004. Parcel No. 181330 -21005 Levy Code: 584 Affects: Parcel A 2. General taxes for the year 2004, in amount of $192.42, of which the first half has been paid, leaving an unpaid balance of $96.21, which does not become delinquent until November 1, 2004. Parcel No. 181330 -24004 Levy Code: 584 Affects: Parcel B 3. General taxes for the year 2004, in amount of $115.56, of which the first half has been paid, leaving an unpaid balance of $57.78, which does not become delinquent until November 1, 2004. Parcel No. 181330 -24006 Levy Code: 584 Affects: Parcel C 4. General taxes for the year 2004, in amount of $391.66, of which the first half has been paid, leaving an unpaid balance of $195.83, which does not become delinquent until November 1, 2004. Parcel No. 181330 -13003 Levy Code: 584 Affects: Parcel D 5. "Terms, covenants and conditions contained in Application for Current Use Classification as open space, entered into pursuant to RCW 84.34 (including potential liability for future applicable taxes, penalties and interest upon breach of, or withdrawal from said classification). 6. Charges, if any, due the Yakima Valley Canal Company for water supplied. Inquiry should be made at the office of said company relative to the rights and obligations of its stock. 7. Terms and conditions of the certain "Declaration of Reconfiguration of Legal Descriptions" affecting said premises and other property regarding Short Plat Exemption No. SSE 99 -160, recorded August 19, 1999, under Auditor's File No. 7131996 and September 8, 1999, under Auditor's File No. 7134876, respectively, records of Yakima County, Washington. 8. Terms, conditions and obligations as setforth in Ordinance No. 2004 -04 (Cottonwood Annexation) with the City of Yakima, recorded February 24, 2004, under Auditor's File No. 7386345, records of Yakima County, Washington. 9. - of way for Shaw Ditch /Swan Creek as delineated on the face of the plat of Cottonwood Grove, Phases 1 and 2, under Auditor's File No. 7365199 and disclosed on the face of the map of the Assessors of Yakima County. 10. Easement or right -of -way for electric transmission and distribution line disclosed by instrument Recorded: September 17, 1952 Auditor's File No: 1438866 Grantee: Pacific Power & Light Company, a corporation Affects: Parcels B, C and includes other property 11. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument Recorded: October 14, 2003 Auditor's File No: 7365234 For: The temporary passage of surface water runoff from the plat of "Cottonwood Grove, Phase 1 & 2 ", and shall automatically terminate and cease to exist at such time as South 85th Avenue in said Plat is extended Southerly. Affects: A portion of Parcel D DOC, INDEX SUBDIVISION GUARANTEE Order No. 008007 Page 3 12. Pendency of Yakima County Superior Court Cause No. 77 -2- 01484 -5, State of Washington, Department of Ecology, Plaintiff vs. (numerous named defendants), notice of which is given by Lis Pendens recorded under Yakima County Auditor's File No. 2479271, being an action for the determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of Washington. (Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant Attorney General) NOTE: Soil Conservation District No. 220 assessment for the year 2004 in the amount of $5.99, which has been paid. Affects: Parcel A NOTE: Weed District No. 2 assessment for the year 2004 in the amount of $3.20, which has been paid. Affects: Parcel A NOTE: Soil Conservation District No. 220 assessment for the year 2004 in the amount of $6.56, which has been paid. Affects: Parcel B NOTE: Weed District No. 2 assessment for the year 2004 in the amount of $3.26, which has been paid. Affects: Parcel B NOTE: Soil Conservation District No. 220 assessment for the year 2004 in the amount of $5.94, which has been paid. Affects: Parcel C NOTE: Weed District No. 2 assessment for the year 2004 in the amount of $3.19, which has been paid. Affects: Parcel C NOTE: Soil Conservation District No. 220 assessment for the year 2004 in the amount of $8.17, which has been paid. Affects: Parcel D NOTE: Weed District No. 2 assessment for the year 2004 in the amount of $3.42, which has been paid. Affects: Parcel D NOTE: The legal description contained herein has been derived from Yakima County Planning Approval Short Plat Exemption No. 99 -160 and from the plat of "Cottonwood Grove, Phase 1 & 2 ", recorded under Auditor's File No. 7365199, records of Yakima County, Washington. NOTE: We note the Yakima County Assessor includes the "West 10 feet of the Northeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18, E.W.M., Except the North 30 feet for road" in their narrative description under Real Estate Tax Parcel No. 181330 - 24004. The last deed of record in favor of the vestees herein show said strip as an appurtenant easement under Yakima County Auditor's File No. 7070107. We note a portion of said strip of land as dedicated County Road right of way for South 92nd Avenue as shown on the face of Short Plats recorded in Book A, Page 18, and Book 92, Page 14. We reserve opinion on any additional information submitted relative thereto. END OF SCHEDULE "A" DO C. INDEX SUBDIVISION GUARANTEE Order No. 008007 Page 4 EXHIBIT "A" Legal Description: Parcel A: The Southeast quarter of the Northeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18, E.W.M, Situate in Yakima County, Washington Parcel B: The North 824.33 feet of the Southeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18, E.W.M., EXCEPT the West 528.50 feet thereof; AND The North 60.00 feet of the West 528.50 feet of the Southeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18, E.W.M., Situate in Yakima County, Washington Parcel C: The Southeast quarter of the Northwest quarter of Section 30, Township 13 North, Range 18, E.W.M., EXCEPT the North 824.33 feet thereof; AND EXCEPT the West 528.50 feet thereof. Situate in Yakima County, Washington Parcel D: The Southwest quarter of the Northwest quarter of Section 30, Township 13 North, Range 18, E.W.M., EXCEPT the North 273.00 feet thereof. Situate in Yakima County, Washington END OF EXHIBIT "A" DOC: :... INDEX . ) ) The sketch is for your aid in locating your land with reference to streets and other parcels. While it is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon. SECTION 3 OTOWNSHIP i 3 RANGE YAKIMA COUNTY, WASHINGTON �,r,r =,� ,,..,.,_�. ..,.: a. *. , .,. ° �V -s���� v` "• "266 1. ? j2' 4 12407 V ,�,4 1-8 N 12002 r,h= s 21402 , =t ` 1 240 6 12010 1 '' ` 2465 1.21 0 .97 1.88 21001 l<, _z ..ifs r 11005 / � s.00 1zoo5 } �.,,. ,� 2464 1 398 8 ] 0 1.46 f' O; 12 a 4 1-60 ) 1 _ • ? ,1, 7 �: �'�K` 2463 (` \‘,.• .t-'. 19 12403 • �N , 5 F•.e,"'::4 -. �? 1 j� i Q S2 ( 1.20 . . �>: : < °":y 1241- . J ' 21403 . 1 -7 r s' ,,,,, -', 1241 1 -� -- � 4.97 - , , -r" ?; 'Z N 124 . � �'-' n I v - 21002 i ; `, � , 12411 1 , ,I:4 - 1 p a -0 J-94 .. ,, N c f , E 4.30 �i PIN m = J J V �f1 Lv Y< 2 :` 7247 a�›` t, - � ' 92 -14 � �1:::. ' N _ _ __ YO - Wi, � p 12417 z - _ n yN. 2 a14 2 --- f -L-;, , .. , . A N c-3''`'. 28443 12418 ;:D > - - w .N ,. 12 rt'3;_s 284 1 1 -1 . 11.89 ; 4 t: 21401 1 24 9 ' _ ¢ 244 72420' 12446 21 094 7 .71 ___ _ 1 1fij;, 211 ¢ 1 -42 12 ��;�. 4, 1 � .' 114 9.91 1 2422 . 21005 u m r „ _ . 1 18 z. t;` -Ed" ' 2444 1zaz3 a .1:1 A t`: 1 70 ,Ile%.-', m N e u C r. a � , 1.4!1 21006 ,24 24 1'4 U3 7 20 J` ` : e &,, '• 2i ao 11024 • - 12425 ; ': ; RISTO -L WAY „` 1.99 2.15 - 121.x 2442 9 124 gg + 14.38 Pt -8 �22 � . ='is� > > 11 'u 1 2 427 ' >" ' 12447 A -18 ? ' H o J-44 13413 .>,, ; ' Q,3 �� ro .. _. '.. � 1 , - m l N m v l °m ' in �°, „ �� } = , ' at : �e�, >�; - o Sn . Y � s 3 :a =.::o ;ti V ) � 9 , Z : E RO44)2 . _,- :,�;.: .. ,,,, �1 �. F 12 . • • {'q . S _ - s ` : 1 2.36 436 24004 dA 4 I q ,/1J V`. -Njr ..-... � b f �- ...e `� 73435 • 15.59 1n-, . i� � m o P N ' 'Fm p Po ‘. t•;Y r 1 24005 15.43 Z 13003 .63 31.73 24006 9.36 • C. .D 30 DOC. . INDEX . # ✓ 1003 31002 31001 438 DD 20.00 6.63 13.37 E i Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In Compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Valley Title Guarantee and its underwriters Pacific Northwest Title and Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non - financial companies such as envelope starers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. IOC. INDEX COTTONWOOD PARTNERS, LLC Hearing Examiner Exhibit List CHAPTER G NOTICES EXHIBIT # DOCUMENT DATE G -1 Notice of Application and Public Hearing 12 -28 -04 G -2 500 -foot Radius Adjoining property owners and SEPA agencies notified 12 -28 -05 G -3 Affidavit of Mailing 12 -28 -05 G -4 Notice of Public Hearing 5 -6 -05 G -5 500 -foot Radius Adjoining property owners notified 5 -6 -05 G -6 Affidavit of Mailing 5 -6 -05 G -7 Posting of Property Certification 4 -8 -05 G -8 Posting of Notice on City of Yakima Website 5 -4 -05 G -9 Legal Notice Published 5 -6 -05 G -10 Hearing Examiner Agenda 5 -26 -05 G -11 Hearing Sign -in Sheet 5 -26 -05 G -12 Notification of Hearing Examiner's Recommendation to City Council 6 -14 -05 G -13 Parties of Record Notified 6 -14 -05 G -14 Affidavit of Mailing 6 -14 -05 G -15 Special Notice to Eric Bartrand and Jeff Tayer, WA State Dept. of Fish 6 -23 -05 & Wildlife of City Council closed record public hearing on 7 -5 -05 G -16 Special Notice to Eric Bartrand and Jeff Tayer, WA State Dept. of Fish 6 -29 -05 & Wildlife of City Council closed record public hearing rescheduled to 7- 19 -05, and Certified Mail signature cards 0 o Y ` 0 DEPART. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT � ° Planning Division ` ' 'c, 6 ) 129 North Second Street 4 <;: , . '�` Yakima, Washington 98901 '* Phone (509) 575 -6183 • Fax (509) 575 -6105 4r r�u g . , Jte 29, 2005 Mr. Eric Bartrand Washington State Department Of Fish & Wildlife 1701 S. 24 Avenue Yakima, WA 98902 -5720 Dear Mr. Bartrand: The Yakima City Council's closed record public hearing on the preliminary plat of Cottonwood Grove Phases 11I — VII has been scheduled from July 5, 2005 to July 19, 2005. The Council session, will begin at 2:00 pm in the Council's chambers at City Hall. ou : trul , ruce Benson Supervising Planner cc: Yakima City Council Jeff Tayer DOC, Vakim INDEX # 6 / - ' 1111 1994 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 111 Gompiete items 1, 2, and 3. Also complete A. ' - urs item 4 if Restricted Delivery is desired: r / ,/ 0 Agent is Print your name and address on the reverse 13 Addressee so that we can return the card to you. B. - eceived by (Printed Name) C. . ate of Delivery , ■ Attach this card to the back Of the maiipiece, Ij L.. -c7 -> . or on the front if space permits. ` D. Is delivery address different from item 1? ❑ Yes • t. Article Addressed to: if YES, enter delivery address below: © No Mr. Eric Bartrand WA State Dept. of Fish & Wildlif.• • 1701 S. 24th Ave. Yakima WA 98902 a service Type b Certified Mall 0 Express Mall . 0 Registered 13 Return Receipt for Merchandise E1. Insured Mali 13 C.O.D. 4. Restricted Delivery? (Extra Fee) Q Yes 2. Article Number 7004 116 0 0006 8 71 8 5109 (Transfer from service label) ... PS Form 3811, February 2004 Domestic Return Receipt 102595-02- M-1540 SENDER: COMPLE SECTION E THIS Complete ►terns 7 COMPL It ETE THIS SECTION ON dE Item 4 if Re stricted Deii 3 ' Also complete . ■ Pr int your name and addr Is desired. A- Signature itiet A we can return the c o the reverse X a to th or on the from space tack of the maiiplece, R. R ce�,� b •e _ ` i►( A Agent • A rmits Y (Printed E7 Addressee , 1. Article Add Name) Addressed to: - • � ! D. is de v C C• ate of Delivery -3a -..Q.z' . • Mr * Jeff address df f f eeeht from m 1? all Ta ger ff YES. enter deli addr below: El No WA state De of 1701 5. 24th Fjsh & Wildlii:• Yakima, WA Ave, 98902 3, Service T 22 Certified Mail ci Express Matt i nsured i A O R e ce ip t for Merchandise 2. Amok* Number • 4. Restricted (Transfer fjt3m�� Deli very? (Exha Fee) PS Form38ii 7 004 1,1, 6 0 000 - IhYes n� 2 004 $ X 18 5116 • domestic Return Receipt . IO`9s-o24M -1540 1f DOC, INDEX .. .11 : -,6.../.(, ... . . . ` 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 6y Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • www.ci. akima.wa.us 111111111 129 North Second Street, 2nd Floor y RPORATED \P ` Yakima, Washington 98901 Phone (509) 575 -6183 • Fax (509) 575 -6105 June 23, 2005 Mr. Eric Bartrand Washington State Department Of Fish & Wildlife 1701 S. 24 Avenue Yakima, WA 98902 -5720 Dear Mr. Bartrand: I The closed record public hearing on the preliminary plat of Cottonwood Grove Phases III - VII is being scheduled to come before the Yakima City Council on July 5, 2005. The Council session, of which this hearing will be only a part, will begin at 2:00 pm in the Council's chambers at City Hall. You are welcome to attend and take part in this hearing. Testimony at closed record hearings is limited to only those items that were in the record at the close of the Hearing Examiner's open record hearing. : N y enson / s- upervising P -,. er . cc: Yakima City Council Jeff Tayer DOC. INDEX Yakima Amsda fUH GoUMC! INFO gN µ i DATE 6 1(� 1994 SENDER: COMPL THIS SECTION COMPLETE TH!:1 SEC N ON DELIVERY a Complete items 1 , and 3. Also complete A Si / �� fern item 4 if Restricted Delivery is desired, f "-- „,/ Addressee ■ Print our name and address on the reverse / . .f. � .rr i , so that we can return the card to you. B. -eceived by / A - nn't - .�ame) °'........ 9 •te of Delivery ■ Attach -this card to the tack of the mallpieoe, ' r • 2 Y-4 5 or on the front If space permits. - D. is delivery address &fie -' from item 1? 0 Yes 1. Article Addressed to: if YES, enter delivery address below: 13 No Mr. " -Eric Bartrand WA State Dept. of Fish & Wildli =- 1701 S. 24th Ave. Yakima, WA 98902 -5720 3. 4arvice Type - [$Certified Mali 13 Express Mall ' 13 Registered 13 Retum Receipt for Merchandise ElInsured Maim 13 C.O.D. 4. Restricted Delivery? (Extra Fee) 13 lies 2. Article Number 7004 1160 0006 8718 5079 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 702595- 02- M-1640 • -- _ z i SENDER: COMPL THIS SE TOON COMPLETE THIS SEC N ON DELIVERY ■ Complete items 1, , and 3. Also complete A. Signatu = f, a • , nt item 4 if Restricted Delivery is desired. ,l ■ Print your name and address on the reverse . /. I � — .. %. • ressee . so that we cart return the card to you. - eceived by /-ring . Name) G. Date of Delivery ■ Attach this card to the back of the malipiece, or on the front if space permits. - _ ', ,f� /. ' , 0111Z9 ,f, 411.4* r ` a D. Is delivery address d ° -rent from item 1? 0 Yes 1. Article Addressed to: if YES, enter delivery address below: 0 No .Mr..Jeff Tayer WA State Dept of Fish & Wildlife 1701 S. 24th Ave. Yakima, WA 989025720 3. Service Type di Certified Mali Ct Express Mail . ❑ Registered 0 Return Receipt for Merchandise CI insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 13 Yes 2. Article Number 7004 1160 0006 8718 5086 ahmsfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102.59.5424.4.450 DOC. INDEX # G -/‘ �I AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: PREL LONG PLAT #3 -04, RZ #6 -04, CL(2) #27 -04 & EC #25 -04 Cottonwood Partners, LLC / What the Hay Vicinity of 8900 Block of Midvale Road I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of the Hearing Examiners recommendation to the Yakima City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to all parties of record which are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 14th day of June , 2005. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson Planning,Specialist INDEX s ' ' t Cottonwood Partners / What the Hay - Prel Long PLat #3 -04 UAZO RZ #6 -04 Hearing Examiner Parties of Record: What the Hay, LLC Cottonwood Partners, LLC P.O. Box 8310 P.O. Box 8353 Yakima, WA 98908 Yakima, WA 98908 Bill Hordan Tom Durant Hordan Planning Services Durant Development Services 410 N. 2nd St. 513 N. Front St. Suite Q Yakima, WA 98901 Yakima, WA 98901 • - DOC _ ., .. INDEX - - r ;' Yi °° DEPARTMENT.f COMMUNITY AND ECONOMIC DEti DPMENT *a Planning Division g;- t s a, Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 1 ` 129 North Second Street, 2nd Floor ''. 1 4 0 c Yakima, Washington 98901 9RA S1 N �� Phone (509) 575 -6183 • Fax (509) 575 -6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On June 10, 2005 the Yakima Hearing Examiner rendered his recommendation on the Preliminary Long Plat, Rezone and Class (2) Applications submitted by Cottonwood Partners, LLC. The applicant proposes a 228 -lot subdivision in five phases, with a Rezone, Class (2) review for common wall residential use for 36 lots, and SEPA review. The subject property is located in the vicinity of the 8900 block of Midvale Road, Yakima, Washington. The application was reviewed at a public hearing held by the Hearing Examiner on May 26, 2005. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a Public Hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Bruce Benson, Supervising Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575 -6042. ri %.. ? - :::=. Doug Map es Planning and Code Administration Manager Date of mailing: June 14, 2005 Enclosures: Hearing Examiner's Recommendation Preliminary Plat and Vicinity Map DC}C. Yakinna INDEX 1 lilt :::_ HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: May 26, 2005 CASE #: APPLICANT: SITE ADDRESS: (A) RZ #6 -04, Prel Long Plat #3 -04 Cottonwood Partners / What the Hay 8900 Block of Midvale Rd. (B) UAZO Interp #3 -05 Eilene Cook 119 East "A" Street INDICATE CASE NO. NAME: ADDRESS: ZIP: (A,B,C): PLEASE PRINT r�p-+ s - r3 i,FF'"/4- ,j, �. � � l e , � � ° 1 DOC. INDEX # G -II CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, May 26, 2005 Yakima City Hall 9:00 a.m. Council Chambers I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS COTTONWOOD PARTNERS, LLC (WHAT THE HAY, LLC) Planner Assigned: Bruce Benson File Number: UAZO RZ #6 -04, PREL LONG PLAT #3 -04, UAZO CL(2) #27 -04 & EC #25 -04 Location: Vicinity of the 8900 Block of Midvale Road Request: 228 -lot, plus 2 tracts long plat, rezone 3 parcels from R -1 to R -2, create 36 common wall lots & Environmental Checklist B. EILENE COOK Planner Assigned: Vaughn McBride File Number: UAZO INTERP #3 -05 Location: 119 East "A" Street. Request: Request Hearing Examiner's interpretation of classification of antique store versus second -hand store IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. Filed Hearin() Examiner r ` q ` :! Uwe. . Z.e 6� LEGAL NOTICE NOTICE OF PUBLIC HEARING DATE: May 6, 2005 TO: Applicant and Adjoining Property Owners & All Interested Persons FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Plat of Cottonwood Grove, Phases 3 through 7, UAZO Long Plat #3 -04, UAZO Rezone #6 -04, UAZO CL (2) #27 -04, UAZO EC #25 -04. NOTICE OF PUBLIC HEARING The City of Yakima, Department of Community & Economic Development has received from Cottonwood Partners, LLC the above referenced preliminary plat, which is located to the south of the already existing Plat of Cottonwood Grove, Phases 1 & 2. The open record public hearing on this plat is scheduled for Thursday, May 26, 2005, beginning at 9:00 am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any questions on this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042. PLEASE PUBLISH ONCE ONLY ON FRIDAY, MAY 6, 2005 Send Invoice and Affidavit of Publication to: Account #11002 City of Yakima, Planning Division 129 N. 2nd St. DOC.' ;.: Yakima, WA 98901 INDEX `' Wilson, Chris From: Peters, Jeff Sent: Wednesday, May 04, 2005 12:31 PM To: Wilson, Chris Subject: RE: please post on website, thanks! Posted 5 -04 -05 Original Message From Wilson, Chris Sent: Wednesday, May 04, 2005 10:14 AM To Peters, Jeff Subject: please post on website, thanks! Notice of Public Hearing by Hearing Examiner, Cottonwood Partners, What the Hay, Prel Long Plat #3 -04 Notice of Hearing Examiner's Decision, YVCC, Class(3) #3 -05 Notice of Hearing Examiner's Recommendation to City Council, Holbrook / Zier Orchards, Valleybrook Prel Long Plat # 1 -05 « File: NOTICE OF HEARING - Cottonwood -What the Hay Long Piat #3 -04, 5- 5- 05.doc » « File: CL3DEC -1.DOC » « File: recommendation 050105.doc » Christine 91. ?Nilson Planning Specialist City of Yakima Planning Division 129 No. 2nd Street Yakima, WA 98901 Phone: (509) 575 -6183 Fax: (509) 575 -6105 E -mail: cwilson ®ci.yakima.wa.us DOC. INDEX 1 # .. 6--S ' CITY OF YAKIMA 9 R ''r)RATl"V ` LAND USE ACTION INSTALLATION CERTIFICATE Project Number: c.P ?1yo L a'l Date of Installation: L( -6- Site Address: g--)60 &A GbtJ Location of Installation (Check One) '° Land Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) Date Applicants Sign to Telephone Number of Applicant ?Y1 n n The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509 -575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX # �rf� AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: UAZO RZ #6 -04 & EC #25 -04, PREL LONG PLAT #3 -04 & UAZO CL(2) #27 -04 What the Hay, LLC / Cottonwood Partners, LLC Vicinity of the 8900 Block of Midvale Road I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing by the Yakima City Hearing Examiner, a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 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 6th day of May, 2005. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. `. L. / Christine M. Wilson Planning Specialist DOD, <._- INDEX 8.330 -13433 181.30 -1242, 181 30 -12421 U T CREST 01 RUCTIO LIB SUM ITC• T C* ; RUCTION L SUM ITCRES • ; * RUCTIO 41 0 B• 910 J d PO 0 :310. 1 PO ACC 83 s AKIMA, W, 98907 -0910 YAKIMA, WA 98908 -8310 YAKI : mA 98908 -8310 81330 -13420 a 181330 -13421 181330 -13425 \a � ITCREST 'b TRUC c LC o'( S► MITCREST 0 _ ' LC SUMMITCREST CONSTRUCTION LLC 0 a 88TH 'VE ,,f 70 S 88T. AVE PO BOX 8310 ,A,KI W. 98908 YAK A A 98908 YAKIMA, WA 98908 -8310 81330 -13426 181330 -13427 181330 -13428 MMITCRES CONSTR►. ION b 'UMMITCRE ' :'.TRUCTIO kLC ITCRE C0 RUCTI LLC 0 BOX 83 • ^• BOX 8 0 *► P. :OX = 10 AK mA 98908 -8310 U ON .P, WA 98903 UNIO AP, WA 98903 81330 -13407 181330 -14410 181330 -12435 UNRISE CONSTRUCTION NW LLC TAMMY V GARRETT .THOMAS V & PEGGY A ROY 04 TANARAE PL 8216 MIDVALE RD , W CHESTNUT AVE AKIMA, WA 98908 -3665 1 YAKIMA, WA 98908 YAKIMA., WA 98908 81330 -12436 181330 -13434 181330 -13404 HOMAS W & SHARON L RIDOUT TIMOTHY S CRITCHLOW TOWELL CONSTRUCTION 08 S 87TH AVE 8500 MIDVALE RD 8507 MIDVALE RD AKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 :1330 -13405 181330 -21012 181330 -41400 • EI,L CONST °•CTION 1111 TRACY L DAVIS WAYNE & CAROL PARSLEY 5, MIDVA ' RD 609 S 92ND AVE 8202 W NOB HILL BLVD AK, -'^ 98908 YAKIMA, WA 9.89.08 YAKIMA, WA 98908 -9712 81330 -24005 81330 -23003 +81330 -244,6 , , , o, j�� a f� EST VALLEY SCH DIST #208 .ST VALLEY : HL • 08 HAT TH^ HA LLC W' 902 ZIER ROAD 89► ZIER :• Po BOX 725 S k'm r s AKIMA, WA 98908 YAKI`-, 98908 YA' u•, WA 98907 I 1 Cottonwood Partners, LLC P.O. Box 8353 330 -4200. 181330-12005 Yakima, WA 98908 HA' THE H LLC 110 YVONNE S HOVELING 0 B• 30 N 2ND ST AKIMA, WA 98907 I YAKIMA, WA 98901 -2612 22 labels printed for map sheet z6 -04 / 3-. A w , ph d(f ...5,..+.,,44,,,.,„ r. Ai k. !f f kk h(7, !` n4.-- .)-en C 6,45 ill Horgan Robert Seward Cindy Noble ordan Planning Services Jaussaud- Seward-A,ssoc. NFRD 10 N. 2nd St. P.O. Box 2066 5609 W. Arlington aka, WA 98901 Yakima, WA 98907 Yakima, WA 98908 gary L. Perrault DOC BOWS. 90th Ave. INDEX Yakima, WA 98908 .81330 -22404 181330 -14012 181330 -13003 ALLAN W & MARY ELLEN DEPREY ALVIN NORMAN 307 S 96TH AVE 624 S 96TH AVE COTTONWOOD PARTNERS LLC rAKIMA, WA 98908 YAKIMA, WA 98908 -9742 Y O BOX 8 WA AKIMA, WA 98908 -8310 . .11330 -21005 181330 -24004 '.O TONWOOD PA* kERS ► CO 'ONWOOD PA DANIEL C :S LLC DANIEL C & KAREN L FORTIER 0 A. ,1X 8310 PO B. 8310 8706 WEBSTER AVE AKIM- WA •8908 -8316 YAKIMA WA '8908 -8310 YAKIMA, WA 98908 .81330 -22009 1.1330 -22010 'ANIEL E. ET UX'WOODKEY D TEL E. ET DKEY 181330 -14409 06 8 92ND AVE 806 92ND A DARROW CONKLIN TESTAMENTARY TI YAKI 9 AKIMA, WA 98908 -9300 YAKI WA 8908 -9300 Y ATDWAL RD YAKIMA, WA 98908 I i . 81330 -14002 181330 -21013 'EBORAH L ESLINGER 7.81330 -11412 'O BOX 1058E DONALD D & JEANNETTE MARTIN DOUGLAS L & KELLEY L CREWDSON 5086 N SKY VISTA AVE 610 S 83RD AVE AKIMA, WA 98909 YAKIMA, WA 98908 YAKIMA, WA 98908 81330 -12451 181330 -21006 181330 -13408 DWARD C & CHRISTI L STROZYK EUGENE E. BEDDOE FUSSELMAN LIVING TRUST 705 WEBSTER AVE 805 S 92ND AVE 8607 MIDVALE RD AKIMA, WA 98908 YAKIMA, WA 98908 -9300 YAKIMA, WA 98908 • 61330. -41011 181330 -12404 Y 1 G, 8512 TIETON AR. 901► ' ETON ABRIEL SR, INDELIA, JEANETTE GA GARY A & DORIS BROWNELL GA °Y L 1: 330-21-, � 122 $ 80TH AVE O . AKIMA, WA 98908 DR YAKIMA, WA 98908 -1457 YAKIMA, WA 98908 -9757 81330 -14401 181330 -12428 181330 -13402 ENE & BEVERLY S KILLION GENE BENNINGFIELD GERRY E & LEANNA RIES 306 MIDVALE RD 717 HENNESSY RD 8505 MIDVALE RD AKIMA, WA 989089766 YAKIMA, WA 98908 YAKIMA, WA 98908 81330 -13403 181330 -21002 181330 -21401 RRY E & L All, r ES GLEN & KELLI RADKE GREGORY W & ADELE BAINTER '05 MIDVA RD 8910 TIETON DR 9004 TIETON DR A MA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -9757 f B1330-21402 181330 -12416 181330 -12417 .EGORY W & -DEL %AINTE' JAMES 0 & JEANNE M LOWELL JAMES 0 & JEA NE ,41WE L 14 TIETO DR 604 & 606 S 88TH AVE 604 . 606 88TH AV ,� kK 98908 -9795 YAKIMA, WA 98908 YAKI : A 98908 31330 -12439 181330 -12429 181330 -11026 LANES W & DEBORAH E PAGE JEFFERY & NICOLE WILKINSON JERRY M. ETUX FLICKINQER 708 WEBSTER AVE 8702 BRISTOL WY 613 S 83RD AVE kKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -9765 • OC. 31330- -12415 181330 -12433 4, )HN & BETTE BUCHANAN JRC I-12432 " k.•- E " )2 S 88TH AVE INC � { JOY KINZEL JRC 8705 BRISTOL AVE 211 S 70TH AVE ,KTMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 81330 -12450 181330 -21009 181330 -224.: 'C INC JUDI M NOLAN LA REN W •OBB /If, a 1 S 70T AVE 705 S 92ND AVE 551, EN EWOOD LL DR1 (A' MA, A 98908 YAKIMA, WA 98908 -9302 YAKIMA WA 98908 {{ L81330 -31001 18 330-31002 ---. '81330-31003 i lb TALON F. ZEIGLER MALAN F. Z GLER LON F. _ ER 7 N 41ST AVE 7 N - ST A E EANIMA, WA 98908 YAKIMA, A 98908 YAKI4PSTWAV98908 :81330 -41010 181330 -21001 181330 -12434 4ARVIN W & CAROL M PARSLEY MATTHEW & LINDA 0 SEAMAN NATHAN TOWELL 3202 W NOB HILL BLVD 8902 TIETON DR 341 SECTION 1 RD rAKIMA, WA 98908 YAKIMA, WA 98908 TIETON, WA 98947 .81330 -13406 181330 -12444 181330 -12414 FEW CREATION CONSTRUCTION LLC RALPH & BETTY L HUCK RAYMOND C & CATHY L DEKKER 118 CONESTOGA BLVD 215 S 57TH AVE 600 S 88TH AVE .'AKIMA, WA 98908 1 YAKIMA, WA 98908 1 YAKIMA, WA 98908 . 1330 -12409 81330 -1 81330 -12411 DEVELOPM 'T II LL R. DEV :OPMENT R' DEVELOP ' T I LC '0 X 910 PO BO 910 PO :•X 916 AKIM , 98907 -0910 YAK 'A, WA 98907 -0910 YAKIMA, iiA 98907 -0910 8133Q -12412 , %1330-12413 ..-, - 81330 -1241: .0 DEVELOPMENT II LLC RC IEVELOPME!:.. II L. R• DEVELOP ENT I LLC 0 BOX 910 PO :+ 910 10 PO Zs • 0 AK1MA, WA 98907 -0910 YAKIMA; .,• 98'•907 -09.10 YAKIMA, WA 98907 -091i :1330 -12419 181330 -12431 181330 -12440 DEVE LOPM ' DEVELOPME' - C DEVEL NfE II LL 0 'OX 910 V PO .° -OX 910 BOX •.0 AKI ' .A 98907 -0910 YAKI •, 98907 -0911 YA , WA 98907 -091- 81330 -12441 181330 -12442 181330 -12443 DEVELOP "I LC R DEVELOPM LL \ 'C DEV . -..3 II LLC • 0 =.X 911 �►• PO :OX 910 °:: :. • 910 .M+' AKI k, ,; I 1 YAK 'a 98907 -0910 I YAKIMA, WA 98907 -0910 81330 -12452 181330 -12453 181330 -12454 c DEVELOP ' T II . C R DEVELOPMENT I LLC 'C DEVELOP II LLC lh 0 "40X 91► A PO :X 910 •• BOX ' 0 A 98907 -0910 V YAKI : WA '•8907 -0910 YAK fA, WA 98907 -0910 81330 -12455 181330 -12456 181330 -12457 DEVELOPM •■ 1 LC R DEVELO " E 1 LLC ' '. ; Dp+U4L s �,',...`.- . 11 LL 0 • =0X 910 P• BOX 9'0 " ° ..BOX '0 1 AKI .f - 98907 -0910 YA WA 98907 -0910 YA': , WA 98907 -0. r-''.. nn e°., 7( p (1- DE/' il 81330 -12A- 81330 -1 A5° 1 21330 -131r �..� -- • DEVE •PMENT 1 - R DEV OPMENT LLC R4.DEVE aPMEN I-LL - 3 :A- 910 PO ..• 910 " UKIMA, WA 98907 -0910 YAKIMA, WA 98907-0910 PD * 910 ^,-,-... 181330 -13409 81330 -13410 RC DEVELOPMENT 2I LLC DEVELOP I 81330 -13411 PO BOX 910 T LLC BOXELOPS NT LL1 YAKIMA, WA 98907 -0910 P• BOX 91► P. BOX 915 '. YA' MA, 98907 -091 YA A, to 98907 -091 1:1330 -13412 1'1330 -13413 RC '�..VELOPMEN II L • \ RC IEVELOPME), II L L. R 81330-13414 PO Bo_ 910 PO e, 910 � : VEL" ITT LLC YAKIMA, �� 8907 -0910 YAKIMA, PO pX 0 r '98907 -0910 YAK -1, : -, WA 98907 -091.0 L81330 -13415 18 30 -13416 181330 -13 2. DEVELOPME LLC RC 11 VELOPM IT II C D "C DEVE •PMENT LLC . ?O :•X 910 PO BO. 910 " CAKI •, 98907 -0910 YAKIMA, n' 98907 -0910 BO 910 YA `, WA 98907 -0910 1 • L81330-13418 - 81330-13419 181330 -1342 DEVELOP ' T II • C RA DEVELOP' NT II C DEVELOP ENT LLC ?0 c0X 91. PO =OX 9 • Ps 8OX 9.0 CAK • 98907 -0910 1 YAKI • • WA 98907 -0910 YAK :- -. WA 98907 -0910 .81330 -13423 181330 -13424 181330 -13-:. t 'EVELOPMEN I ., 10 DEVELOP ' _ '. LLC ." >p :, 910 "C DEVEL� MEN I LLC PO e0X 91►. PO =0X ^10 fAKIMA, , A_ °8907 -0910 YAKI ', •'A 98907 -0910 YAK °A, WA 98907 -09 • .81 30 -13436 181330 -13437 181330 -21011 :C 0 VELOPME >. LLC S) "C DEVELOP LLC 1 RENEE ANN RINK )0 BO 910 P' BOX 91 703 S 92ND AVE AKIMA, •+ :98907 -091 YA. MA, A 98907 -0910 YAKIMA, WA 98908 .81330 -13429 81330 -13430 181330 -12437 '.ICHARD & MARILYN MASON PLUKETT R CHARD & M•'ILYN MA'•N P ETT RICHARD & WENDY FLINDERS ;003 EVERGREEN CT 200 EVER . EN CT 8704 WEBSTER AVE AKIMA, WA 98902 -1200 YAKI -,_ "A 98902 -1200 YAKIMA, WA 98908 81330 -13432 :1330 -13431 11330 -11024 . CHARD J & ARIL M P ETT .' HARD J & -- ARILY '+ 0 " UNKE RICHARD J. ETUX CARMODY 0c EVER EN CT 201 EVERG' EN CT 806 8 83RD AVE AKI '; "{ 98902 -1200 1 YAKIMA, 98902 -1200 -.. A 1 YAKIMA,. WA 98908 81330 -22406 181330 -12430 181330 -14005 ONALD L & KATHLEEN BRITT SHANE C PAULSEN STORAGECO LLC 07 N 68TH PL 905 S 48TH AVE 3801 W WASHINGTON AVE AKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98903 81330-12422 181330 -12423 1:1330 -12424 UMMIT CREST CONSTRUCTION LLC S MIT CRES' CON "UCT • 'LLC S OMIT CRES CONST "r_ �• LLC 0 BOX 910 PO =0X 910 PO Q•X 91 AKIMA, WA 98907 -0910 YAKI..., nA 9 -890'7 -0910 YAKIMA, A 98907 -1Q n.Q. - ' INDEX 8 ,30 -12425 1: 330 - 1242•- 18'.330 -12427 UMM CREST 'ONSTRUCT IN . SU , 4IT CR ;-.T 1 .T CONSTRU ' 111t0 'LC SUM T CRE CONSTR ' 1 LLC 0 BOX ' 4 PO Bs • • - PO BO' AKIMA, WA 98907 -0910 YAKIMA. WA 98907 -fQl n VTVTTT7 •,.,,, ,. 0 V- YA o '`∎∎ DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT r ° ', 0 6: Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us '1„ 129 ! Pr 129 North Second Street, 2nd Floor 'II' ", RPORATEO ° Yakima, Washington 98901 4�� � Phone (509) 575 -6183 • Fax (509) 575 -6105 NOTICE OF PUBLIC HEARING DATE: May 6, 2005 TO: Applicant and Adjoining Property Owners FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Plat of Cottonwood Grove, Phases 3 through 7, UAZO Long Plat #3 -04, UAZO Rezone #6 -04, UAZO CL (2) #27 -04, UAZO EC #25 -04. NOTICE OF PUBLIC HEARING The City of Yakima, Department of Community & Economic Development has received from Cottonwood Partners, LLC the above referenced preliminary plat, which is located to the south of the already existing Plat of Cottonwood Grove, Phases 1 & 2. The open record public hearing on this plat is scheduled for Thursday, May 26, 2005, beginning at 9:00 am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any questions on this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042. Encl: Agenda, Vicinity Map, Mailing Map & Site Plan Yakima INDEX I IP # .a C-- (/ ..,.k.. 1994 • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: L4 t&/ ?/ - 3 - ay, £1J a .-' 6G Co Way/ er-j 1 LL e • U L i( is a , I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of a Master Land Use Application, SEPA Preliminary Mitigated Determination of Nonsignificance, and Notice of Public Hearing and Request for Comments. A true and correct copy of which is enclosed herewith. That said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, SEPA Agencies and interested parties. That said parties are individually listed on the mailing list retained by the Planning Division. That said notices were mailed by me on the 28th day of December, 2004. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson Planning Specialist DOC, INDEX 181330 -14005 330- 4'4 - 1330 -12425 S.TORAGECO LLC )MIT ORES! CONSTRUCT •N LLC ) MIT CRE- CoNSTRUCTIO■ LLC 3801 W WASHINGTON AVE e0 BO: 910 PO :OX 9.e YAKIMA, WA 98903 YAK 'A, WA 98907 -0910 YAKI -, WA 98907 -.- 0 • 181330 -13429 -81330 -1343! 181330 -13431 SUMMIT CREST CONSTRUCTION LLC S►MMIT.CR'ST Cc STRUCTION L SUMMIT CREST CON '•u.TION LLC PO BOX 910 PO BOX 9 0 PO BOX s YAKIMA, WA 98907 -0910 YA MA WA 98907 -c• 0 KIM r ,'WA •t'07-0910 1 41330 - 13432/ 181330 -13433 ' 181330 -13403 SU (MIT CRE CONSTRICTION LLC IT CREST C•s -- •UCTION LLC SUMMITCREST CON CTION LLC PO :OX 9 o • \ / PO B 910 BOX 910 YAK A WA 98907 - 0910 -- / YAKIMA, A 98907 -0910 YA A, WA 8907 -0910 • 18 330 -13427 81330 -1342: 181330 -14410 • SU'■MITCRES CONSTRUCTION LLC S MITCRES' CON °TRUCT.: LLC TAMMY V GARRETT PO ' :0X 91' PO OX 9 • 8216 MIDVALE RD YAK 4A A 98907 -0910 YAKI A, WA 98907 -0910 t YAKIMA, WA 98908 • — � . • 181330.13434 181330 -21012 18.1330 -41400 TIMOTHY .S CRITCHLOW TRACY L DAVIS WAYNE & CAROL PARSLEY 8500 MIDVALE RD 609 S 92ND AVE .8202 W NOB HILL BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 . YAKIMA, WA•98908 -9712 • 181330 -24005 1 1330 -2 403 1:1330 -13803 WEST VALLEY SCH DIST #208 W T VA E SCH o o8 WH'T TH H +Y LLC 8902 ZIER ROAD 89 2 Z ER RI PO :OX 25 YAKIMA, WA 98908 YAK , WA 98908 YAK '•, WA 9 :•07 -0725 . • • 18 \1330 -21 }� -24004 181330- , I06 WH\T TH HA . LLC WHAT HE H. • LLC WHAT 'HE • Y LL PO \B025 PO BOX •• :OX 725 YAK-MA, WA 9890 YAKIMA, WA 98907 YAKIMA, WA 98907 I 181330 -42001 .181330 -12005 WHAT THE HAY LLC YVONNE S HOVELING PO BOX 725 30 N 2ND ST • YAKIMA, WA 98907 ( YAKIMA, WA 98901 -2612 I 122 labels printed for map sheet rz6 -04 • 7 PTA R ° o j 1-.P11- 506 t y d4f X 1 i s ; l . et(' '� v°' cr Pe /n� , MPAL -f .3( ... -, . -- �a /�$ /° i� � ,�1 . �{ DOC. INDEX • ( . 181330 -12458 21330 -12459 81330- 1340 RC DEVELOPMENT II LLC ) NT I LLC ).tC DEVE e•ME ' II LLC • PO BOX 910 PO BOX 9 • PO BO 910 YAKIMA, WA 98907 -0910 YAKI A A 98907 -0 10 'AK A, WA 98907 -0910 • • 181.30 -13402 781330 -13404 181330 - 13405 RC D VELOPMEN: II LLC RC. EVELOPMENY II ► C C DEVELOPM II LLC PO B X 910 PO B 910 P BOX 9 c YAKII� ,. W• 98907 -0910 YAKIMA, 98907 -0916 YA wA, WA 98907 -0910 r . • 181330 -13407 :- 30 -13408 . 81330 -13409 RC nEVELOPME ' II LL. . RC D.VELOPMENT I L.0 R DEVELOPM T II LLC PO :OX 910 PO BO 910 PO OX 91 . YAKI • A, W. 98907 -0910 YAKIMA, WA '8907 -0910 YAK A 98907 -0910 • 18 330 -13410 8 30 -13411 181330 -13412 R ! DEVELOP NT II L.0 .RC D VELOPMENT - .LC RC DEVELOPMENT II L C P ;BOX 9 0 PO BO 910 O BO 10 YA IMA WA 98907 -0910 — —_ — YAKIMA, •8907 70916 A, WA 98907 -0910 181330 -13413 18 330 -13 4 181330 -13415 , RC •EVELOPM..IT II LLC RC ► VE .PMEN II LLC RC DE _- IPMENT II LC PO e0X 910 PO BOX 910 • PO :sX 911 YAKI •, A 98907 -0910 YAKIMA, WA 98907 -0910 . AKIMA, WA 9890 -0910 18330 -13416 18 c 13417 • 181330 -13418 RC DEVELOPM Ik7 II LLC /RC DEVE 'PMENT II C .- ELOPMEk' II LLC PO OX 91. ./ PO BOX 916 - PO BOX • 6 YAKIA, A 98907 -0910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 181330 -134 --n-1,30-13420 181330 -13421 R DEVEL MENT I LLC RC D ELOPMENT --L--L • kLC : P BOX 10 PO BOX •10 PO BOA 910 YA Y , WA 98907 -0 YAKIMA, W• 98907 -0910 YAKIMA, 98907 -0910 • 18130 -134 181330 -13, R 0 C I EVELO ENT II LC ` DEV OPM • T II L r 18 - DEVE 3424 • U . , II LLC PO kOX 9.10 P• Be 910 . •0 BOX 910 YAKI , WA 98907 -0916 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 181330 -13425 1813 3426 1 30 -13435 RC D VELOPME' II LLC DEVEL MENT II LLC RC D VELOPMENT I LLC PO B X 910 PO BOX 910 . PO BO 910 YAKI 98907 -0910 YAKIMA, WA 9 - -0910 YAKIMA, 98907 -0910 181330 -13436 . 181330 -13437 181330 -21011 RC DEVELOP N II LLC • DEVELOPMENT II LLC RENEE ANN RINK • PO :OX • 0 'PO ;OX 910 • 703 S 92ND AVE YAK uA, WA 98907 -c•10 YAKI ',,WA 98907 -0910 YAKIMA, WA 9890$!,,,,h. U.U.• = - - • INDEX 181330 -11024 181330 -22406 181330 -12430 �J� RICHARD J. ETUX CARMODY RONALD L & KATHLEEN BRITT SHANE C PAULSEN 806 S 83RD AVE 107 N 68TH PL 905 S 48TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 181330- 41010' 133'0 -21001 1330 -12434 MARVIN W & CAROL M PARSLEY ) THEW. & LINDA 0 SEAMAN )ATHAN TOWELL 8202 W NOB HILL BLVD 8902 TIETON DR 341 SECTION 1 RD YAKIMA, WA 98908 • YAKIMA, WA 98908 TIETON, WA 98947 • 181330 -13406 181330 -12444 181330 -12414 • NEW CREATION CONSTRUCTION LLC RALPH & BETTY L HUCK RAYMOND C & CATHY L DEKKER 918 CONESTOGA BLVD 215 S 57TH•AVE 600 S 88TH AVE YAKIMA,_WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 18330 -12409 18133o- 2 0 81330 -12411 RC EVELO " EN II LLC RC : VELOPM.. T II .� / •' R DEVELSENT LLC PO OX '10 •1 BOX 910 • — PO BOX '10 .YAK "°, WA 98907 -0910 YAKIMA, WA 98907 -0910 YAK '•, WA 98907 -0910 I I 181330 -12412 181330 -12413 181330 -12418 RC DD ELOPMEN LLC C DEVE e•M . T II LL : IEVELOPM , II LLC PO BO' 910 PAX 910 PO Bb ! o YAKIM 98907-091* L YAKIMA, WA 98907 -0910 I YAKIMA, WA 9'8907-0910 / 181 30 -12419 aa - 0 -12420 81330 -12421 RC EVELOPMENT LL / RC DE*. OPu - 'T II LL RC DEVELOP . II LLC PO X 910 PO BOX 910 PO :c •10 ' YAKI A, W 98907 -0910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 18 330 -12 181330- 4' : 330 -12426 RC DEVE oPMEN II LLC RC D IELDPM T'II - C RC .EVELO''ENT L. PO BO 910 '! :OX 910 PO BO •10' YA A, WA 98907 -1 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 • • 1:1330 -124- 181330- . : 330 -12431 / R DEVE oPMEN' II LLC RC•D , LOP NT I LC RC D. EL•P' NT II �C Po BO. 910 •• :OX 910 PO BOX 910 YA A, WA 9890 -:•10 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 • 1:1330 -12432 181330- 435 181330 - 'e0 RD DEVELOP ' T II LC RC DEVELOPMENT LL RC DE. LOPM. T II•LLC PO BOX 91: •• BOX 910 PO =0X 910 YA MA, A 98907 -0910 . • YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 --- 1 —I-• . . 18 30 -12441 181330- , 4 181330- 443 RC EVEL0•� 'T II LLC RC D LOPMEN I L RC 9•VELO° ENT II LLC • PO 1B0X • 0 Po BOX 910 • •0) BOX 9 YAK . q4., WA 98907 -0910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 • • • 181:30-12452 181330 -1 , 181330 • 454 RC ,' VELOPM ., LLC •C DE • OPMENT RC s VELD" I LLC PO BoX 91. PO :OX 910 •0 BOX '910 ����++ • YAKIM', A 98907-0910 YAKIMA, WA 98907-0910 YAKIMA, WA 98 pp•�� R3CQ91.0 INDEX • 81330- 5 18 30-124N,.._..... :1330 2457 C DE LOPM .T II C \ _ C DEVELOPMENT II LLC RC DEVE'1• NT I LLC/ • PP BBSX 910 PO BOX 910 PO BOX 910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 YAKIMA, WA 98907 -0910 181330 -22404 181330 -14012 181330 -12438 ALLAN W & MARY ELLEN DEPREY LVIN NORMAN DANIEL C & KAREN L FORTIER 807 S 96TH AVE )'4 S 96TH AVE )8706 WEBSTER AVE YAKIMA, WA 98908 YAKIMA, WA 98908 -9742 YAKIMA, WA 98908 181330 -22009 181330- 2 181330 -14409 DANIEL E. ET UX WOODKEY LANIEL T UX oIRKEY DARROW CONKLIN TESTAMENTARY ' 806.S 92ND AVE 06 .S 92ND 'VE 8212 MIDVALE RD YAKIMA, WA 98908 -9300 'K 'A, WA ° =''8 -9300 . YAKIMA, WA 98908 f -- -... -. -. - -- 181330 -14002 181330 -21013 181330 -11412 DEBORAH L ESLINGER DONALD D & JEANNETTE MARTIN DOUGLAS L & KELLEY L CREWDSO PO BOX 10581 5086 N SKY VISTA AVE '610 S 83RD AVE YAKIMA, WA 98909 YAKIMA, WA 98908 ' YAKIMA, WA 98908 181330 -12451 • 181330 -21006 181330 -41011 EDWARD C & CHRISTI L 'STROZYK EUGENE E. BEDDOE GABRIEL & INDELIA & GABRIEL i 8705 WEBSTER AVE 805 S 92ND AVE 1122 8 80TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 -9300 YAKIMA, WA 98908 1 181330 -12404 181330 -21403 F GARY A & DORIS BROWNELL GARY L PERRAULT GEENNE E3-BEV G 0 181330-14401 & BEVERLY S KILLION 8512 TIETON DR ' 9010 TIETON DR 8306 MIDVALE RD YAKIMA, WA 98908 -1457 YAKIMA, WA 98908 -9757 YAKIMA, WA 989089766 • 181330 -12437 • 181330 -21002 181330 -21401 GENE BENNINGFIELD GLEN & KELLI RADKE GREGORY W & ADELE BAINTER 717 HENNESSY RD 8910 TIETON DR 9004 TIETON .DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -9757 181330 -21402 181330 -12416 181330 -12417 GREGORY W & ADELE BAINTER JAMES 0 & JEANNE M LOWELL JAS ' 0 & J - NE M 0 ELL 7501 OLMSTEAD CT 604 & 606 S 88TH AVE • 69/4: 606 8: H ' E YAKIMA, WA 98908 -9039 YAKIMA, WA 98908 KIM'e, , A 9891: 181330 -12439 181330 -12429 181330 -11026 JAMES W & DEBORAH E PAGE JEFFERY & NICOLE WILKINSON JERRY M. ETUX FLICKINGER 8708 WEBSTER AVE 8702 BRISTOL WY 613 S 83RD AVE YAKIMA, WA 98908 YAKIMA, WA 98908 • . YAKIMA, WA 98908 -9765 - I- • 181330 -12415 • 181330 -12436 181330 -12433 JOHN & BETTE BUCHANAN JOHN & JOAN TOWELL JOY KINZEL 602 S 88TH AVE • 341 SECTION 1 RD • 8705 BRISTOL AVE YAKIMA, WA 98908 TIETON, WA 98947 YAKIMA, WA 98908 181330 -12450 181330 -21009 181330 -22408 JRC INC JUDI M NOLAN LAUREN W DOBBS 211 S 70TH AVE 705 S 92ND AVE • 5515 ENGLEWOOD HILL DR • YAKIMA, WA 98908 YAKIMA, WA 98908 -9302 YAKIMA, WA 9:w low ;. . .. - • INDEX ± l - 181330 -31001 813 0 -31002 1:133: - 3100 MALON F. ZEIGLER AL . ZE G ER M ZEIGLE 7 N 41ST AVE N 41 T A E 7 N 41.T •4E YAKIMA, WA 98908 IMA, 9890 Y' IMA, ^A 9890 SEPf1 er ct e,& Army Corps ) ) Dept of Natural Resources ) ) Mr. Greg Griffith P.O. Box C -3755 713 Bowers Rd Div of Archeol & Hist Pres Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Mr. Paul Donahue WA State Attorney Gen. Office Cascade Natural Gas Dept of Soc/Health Service 120 S 3rd St #100 701 S. 1 Ave Capital Programs Ofc. Bldg #2, Yakima, WA 98101 , Yakima, WA 98902 MS OB -23B Olympia, WA 98504 Chamber of Commerce Dept. of Health Mr. Richard Smith 10 N 9th St. Michelle Vazquez Terrace Heights Sewer Dist Yakima, WA 98901 1500 W. 4 Ave. St. 305 314 N 2nd St Spokane, WA 99204 Yakima, WA 98901 Kathleen Holscher, City Mgr. Dept of Transportation Blake Davis City of Union Gap Planning Engineer Q- West PO Box 3008 2809 Rudkin Road 8 So. 2nd Ave. Rm 304 Union Gap, WA 98903 Union Gap, WA 98903 Yakima, WA 98902 Les Ornelas Environmental Protection Agency Yakima Co. Commissioners Clean Air Authority 1200 6th Ave, MS 623 128 North 2 Street 6 S. 2nd St., Room 1016. Seattle, WA 98101 Yakima, WA 98901 Yakima, WA 98901 Mr. John Daly FAA Yakima Co Health Dist Dept. of Agriculture 2200 W Washington Art McKuen 406 Gen. Adm Bldg. Yakima, WA 98903 104 North 1st St Mail Stop AX -41 Yakima, WA 98901 Olympia, WA 98504 Gwen Clear Interagency Committee Mr. Steven Erickson Dept of Ecology Outdoor Recreation Yakima Co Planning 15 W. Yakima Ave. St. 200 P.O. Box 40917 128 N 2nd St. Yakima, WA 98902 Olympia, WA 98504 -0917 Yakima, WA 98901 Department of Ecology, Mr. Vern Redifer Environ Review Section Nob Hill Water Co • Yakima Co Pub. Services PO Box 47703 6111 Tieton Dr 128 N 2nd St., 4` Floor Olympia, WA 98504 -7703 Yakima, WA 98908 Yakima, WA 98901 WA State Emergency Mgmt. Div. Pacific Power Mr. Bill Bailey Mitigation, Analysis & Planning Mike Paulson Yakima Cnty Dev. Serv. Ctr. Gary Herschberger 500 N. Keys Rd 128 N. 2 " St. 4 Floor Building 20 Yakima, WA 98901 Yakima, WA 98901 Camp Murray, WA 98430 -5122 Mr. Ted Clusing Planning & Com Affairs Agency Dept. of Fish & Wildlife 9th & Columbia Bldg. Mr. Caroll Palmer 1701 So. 24` Ave. MS GH -551 Yakama Indian Nation Yakima, WA 98902 Olympia, WA 98504 PO Box 151 Toppenish, WA 98948 DQC. INDEX YMATS Planner Mr. Bill Beckley YVCOG Yakama Indian Nation 6 S 2nd St. Suite 605 Environmental Protection Prog. Yakima, WA 98901 P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Mr. Doug Mayo Cayla Morgan, Airport Planner • Wastewater Treatment Plant Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA . 98055 -4056 • Bureau of Indian Affairs WSDOT Aviation Division PO Box 632 John Shambaugh Toppenish, WA 98948 3704 172 " St. N.E. Suite K -12 Arlington, WA 98223 Mr. Wolferd Yallup, Chrm Mr. Marty Miller Yakama Tribal Council Office of Farmworker Housing PO Box 151 1400 Summitview #203 Toppenish, WA 98948 Yakima, WA 98902 Donna 7. Bunten Critical Areas Coordinator Soil Conservation Dist D.O.E., Shorelands & Environ. Attn: Ray Wondercheck Assistance Program 1606 Perry St Suite F P.O. Box 47600 • Yakima, WA 98902 Olympia, WA 98504 -7600 Eric B arstrand Martin Humphries Dept of Fisheries Yakima Valley Museum 1701 So. 24th Ave 2105 Tieton Dr. Yakima, WA. 98902 Yakima, WA 98902 Mr. Bob Clem, Manager Mr. Scott Nicolai Yakima Airport Yakama Indian Nation - Fisheries 2400 W. Washington Ave. P.O. Box 151 Yakima, WA 98903 Toppenish, WA 98948 Yakima Greenway Foundation 111.S. 18 St. Yakima School District Yakima, WA 9890 Attn: Ben Soria 104 N. 4th Avenue Yakima, WA 98902 • ALWAYS SEND TO WV School District APPLICANT Attn: Peter Ansignh 8902 Zier Road Yakima, WA 98908 • Mr. Hiram • ney p ini.n . ryo /US ( 1-28AV Yakam. ndian Nation �j, l P.0 •: ox 151 CJ�'�/ 1OC. 'oppenish, WA 98948 INDEX tl last org !obert Seward Iordan Planning Svcs add .k 'C Jaussaud!Seward Assoc. 410 N. 2 Street City l �� �4 S .�5 P O Box 2066 Yakima, WA. 98901 Zip 4� a.� Yakima, WA. 98907 • What The Hay LLC Cottonwood Partners LLC P 0 Box 8310 P O Box 8353 Yakima,, WA. 98908 Yakima, WA. 98908 o;.Y,'f DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT � Planning Division ` ' 129 North Second Street q %,Z;;;;O 0," Yakima, WA 98901 `-►" ia flm , 17143 /vi 10127 /0( P N O s ip ENG`' . Cindy Noble NFRD 5609 W. Arlington Ave Yakima, WA. 98908 • DDOC. INDEX o Y `1 DEPARTMENT O. )OMMUNITYAND ECONOMIC DEVE )PMENT '2 ; % Planning Division Doug Males CBO, Code g P , Admin. and Planning Manager • www.ci.yakima.wa.us �V ' ; 129 North Second Street, 2nd Floor p Yakima Washington 98901 11 1�. P 6 It ,gN)RAt'F.II P �c 1 g .. Phone (509) 575 -6183 • Fax (509) 575 -6105 NOTICE OF APPLICATION DATE: December 28, 2004 TO: Applicant, and Adjoining Property Owners • FROM: Doug Maples, Manager, Building Codes and Planning Division SUBJECT:. Notice of Master Land Use Application concerning property located in the vicinity of where the 8900 block would cross. UAZO Long Plat #3 -04, UAZO Rezone #6 -04, UAZO CL (2) #27 -04, UAZO EC#25-04. NOTICE OF APPLICATION The .City of Yakima Department of Community & Economic Development has received five related land use applications from Cottonwood Partners, LLC. This application is comprised of four related land use applications. The first application is a proposal to subdivide approximately 63.55 acres of R -1; .Single- Family Residential zoned property into "a total of 228 residential lots whereupon 331 dwelling u nits are proposed. The second application involves the rezoning of approximately. 32 acres of the above referenced acreage from R -1 to R -2, Two - Family Residential zoning. The third application requests Class (2). land use approval to construct duplex residential units within the R - zoning district; and the final application involves the review of the environmental impacts of these combined actions. The various elements of this application will be reviewed concurrently during a single open record public hearing to be held before the City of Yakima's hearing examiner. Thereafter, a single closed record hearing will take place before the Yakima City Council wherein the Council will be considering the recommendation of the hearing examiner. Because the City Council's hearing will be based upon the record established before the hearing examiner it is important that comments be submitted in writing, before the open record public hearing, or orally during that hearing. The file containing the complete application is available for public review at the City of Yakima " Planning Division, 2nd floor City Ha11, 129 North 2nd Street, Yakima, Washington. If you have any questions concerning this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042 or e -mail at bbenson@ci.yakima.wa.us. NOTICE DATES Date of Application: August 30, 2003 Date of Complete Application Notice: December 28, 2004 Yakima Date of Application Notice: December 28, 200 DOG; .:,, INDEX 1IIII► `+` ^ r`,w 1994 REQUEST FOR WRITTEN COMMENTS Your views on this proposal are. welcome. All written comments received by January 17, 2005 will be considered prior to the issuance of a final recommendation on these applications. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. . Please be sure to reference the file number or applicant's name in your correspondence. Preliminary determination of the development regulations that will be used for project mitigation and consistency: City of Yakima Municipal Code, International Fire Code - NOTICE OF PUBLIC HEARING This application requires that the City of Yakima's Hearing Examiner hold an open record public hearing on this matter. You will be notified when the hearing date has been set. Other Permits Required: The following local, state and federal permits /approvals are needed for this proposed project: SEPA Threshold Determination, Rezone from R -1 to R-2, Class (32) Land Use Review, Preliminary Plat Approval, Traffic Concurrency Review, Grading Permits, Building Permits, Clean Air Permit, possible General Stormwater Permit. Encl: Narrative, Site Plan, Vicinity Map, Environmental Checklist and Preliminary Mitigated Determination of NonSignificance (MDNS) DOC.__r; INDEX 2 _ ��_...,..._..._ COTTONWOOD PARTNERS, LLC Hearing Examiner Exhibit List CHAPTER H BACKGROUND INFORMATION EXHIBIT DOCUMENT DATE H -1 Right of Way Easement, W.B. Kile & Amanda F. Kile 11 -13 -52 H -2 Statutory Warranty Deed, Grantors: Forest Acres, Inc. 7 -30 -98 Grantees: What the Hay, LLC H -3 Declaration of Reconfiguration of Legal Descriptions, What the Hay, 9 -8 -99 LLC H -4 Comments from Mark S. Teske, WA State Dept. of Fish and Wildlife 11 -8 -99 H -5 Comments from Dave Burdick, WA State Dept. of Ecology, Bellevue 12 -28 -05 H -6 Comments from Mark S. Teske, WA State Dept. of Fish and Wildlife 2 -22 -00 11-7 Notice of SEPA Determination & Hearing SUB99 -109 & SEP 99 -36 4 -25 -00 H -8 Staff Report, Cottonwood Grove, File NO. SUB99 -109 & SEP 99 -36 5 -1 -00 11-9 Hearing Examiner's Recommendation & SEPA Decision File No. 6 -26 -00 SUB99 -109, Cottonwood Grove H -10 Comments from Mark S. Teske, WA State Dept. of Fish and Wildlife 9 -26 -00 H -11 Declaration of Dennis E. Covell (Office of the Hearing Examiner) 12 -8 -00 H -12 Yakima County Commissioners Approval of Preliminary Plat of 5 -8 -01 Cottonwood Grove File No. SUB99 -109, and Denial of SEPA Appeal of the Shaw Creek Conservation Association H -13 Grant of Temporary Easement: Grantor: What the Hay, LLC 10 -14 -03 Grantee: RC Development II, LLC H -14 Ordinance No. 2004 -04, Cottonwood Annexation 3 -21 -04 H -15 E -mail from Dean Patterson to Bruce Benson 9 -30 -04 H -16 County Notice of Proposal and Request for Comments, Meadow View 11 -5 -04 Subdivision H -17 Notice of Public Hearing And Final Environmental Review for Meadow 11 -24 -04 View Shaw Creek COTTONWOOD PARTNERS, LLC Hearing Examiner Exhibit List CHAPTER H BACKGROUND INFORMATION EXHIBIT # DOCUMENT DATE H -18 Comments from Eric Barstrand, WA State Dept. of Fish & Wildlife 1 -12 -05 H -19 Yakima County Notice of Decison for Approval of File No. WET 04 -012 & 2 -1 -05 SEP 04 -030, to exztend and existing culvert across Shaw Creek H -20 Comments from Eric Barstrand, WA State Dept. of Fish & Wildlife 4 -21 -05 (Contents of CD including pictures of area of Shaw Creek) 7 I889 N State of Washington Department of Fish and Wildlife South Central Region — Yakima Regional Office, 1701 So. 24` Avenue, Yakima, WA 98902 Phone: (509) 575 -2470, Far (509) 575 -2474 April 21, 2005 Mr. Bill Cook SEPA Responsible Official City of Yakima DCED 129 N. 2nd Street Yakima, Washington 98901 Subject: Cottonwood Groves Development MDNS Dear Mr. Cook: Please review contents of the enclosed compact disk ASAP. The WDFW has many concerns regarding current planning for Shaw Creek with respect to the Cottonwood Groves development. These include matters of potentially expensive liability for the City, as well as poor consideration of the environmental consequences of forcing many times channel capacity into its historically relocated portions. They are unsuited to convey more frequent natural runoff events, i.e. those of <10 -25 year recurrence intervals. A courtesy copy of the enclosed CD has been provided to the Yakima County Surface Water Management Division. Please let me know if I can be of further assistance. My phone number is 457 -9310. Sincerely, Eric L. Bartrand Area Habitat Biologist EB:eb • Flied Enclosure Hearing Examiner / - - t- 5 o The Department of Fish and Wildlife respectfully requests withdrawal of the MDNS by the SEPA Responsible official Channels and Courses of Shaw Creek across current and proposed phases of the Cottonwood Groves Development o oz, Submitted April 21, 2005 ' / I 11 � • ' , ! yy � � • 1 Y' . i . ♦� (• jj r y } {F. �] { tF� ■( , / .�qJ ] , ; ; (1 ( 1 j ', . I ' o ' . e Y a i f: t • I is E • • ( ! R !n ' •t o i 17 Ni v� h a � d .; „ ' `` 4 'I 1' L ) I C) .,( .1:: � : ' ; ,. \ te r t . ; •r f a ( :;,:)! \t+ a 1Rsll t/' ar/ io 1 � CA ‘.1`) c • 1r w �`wI r�� / �z • ate ra I 1■� .. ! !! ++ a s• I. t • .' • t Inv. ! r Y r r '� w 'iti1 ii :4 t' ' t : .i( :I .x :; .J i .; . . [ ;. I �t: �:il is l: t() ,,, r ° f.,t :t "I 1; ' 1�:;� i � \f'E.; �`r4.; J :)1rE\/'(:) L1El 'f . ; ` �. • . . . a t L ors . . • i . . 1• f ,zi t � a ..� ' l l II .. , 1 1 • i • 1r ft. /"•1'iE•a'rr !r• '�'! � - o oyes • ,,1 r , o' i ■� ` .' r ' • •. � ' `. a,��/ tiy t I _- . � years. These include comments dated January12, 2005 WDFW submitted on the Phases 3 -7 Long Plat and Land Use Review SEPA, our personal conversations with City planning officials, and all our comments of record pre - dating city • annexation of the subject properties. The "hayfield" below is portions, or proposed portions, of the Development. These bottomlands contain both historic AND contemporary natural channels for the flows of Shaw Creek, which are not related to irrigation. o Q 0 z ,M, w L t : ir 'i l w ell Agit - �Y }P` • January 1997. Rapid flowing run -off River. Water came across hayfield following dirt roads. �' a ��i:'•.: ' ,. , There was a layover water over entire field under snow pack. This picture was taken standing by old house on hayfield. Water flowing East onto Killion parcel 181330 - 14401. 807 S. 96th Ave. @ end of a snow melt event x - 0 Pooling V4 ater during run-Off at q" Avenue. %cross from 807 S. 96' Avenue. i 4 , • , , .• • •-.. ... -.eV 4 . , . - . . . jtigit, '.1?" " ..4.4 • . • „0 „..,"„H ' .- ■Ililt , .. , ' ' 1 w . 1 -4 '..• '',‘" Irdli” ' ' '' . Vir " 4 , ---,- • ---- — -- .-°---it . . --rvirivilliir , ..... ....J.• . „ '-, - •. 44...,..„......rt I , , e . .4- 4mtraii tejiw g .,,, • . . tat_ am ar. .0 0 • 1. ' ''''' - - /1 "; 0 .000 • I ,i , l to I .1. • fk, • • , -- t .• ..., - - , • .. . .. , • .,,, ..„ . :. ,...., . ......„;:•.:: „--. ... 14 Am ■ ... - 141111 i ... Nd .. :. .: ',., . ---v.' ' iiiii ' i `D 807 S. 96th Ave. on April 20, 2005 0 0 oz • • "1. y ' ' f 44 14 I. Y . A .) 808 S. 92nd Ave. during a snow melt event o 0 N.W. Corner of Hayfield. . Looking S.E. toward Wide Hollow Road • • - - -.— — _ 0. '• _' t '-,' ; ,.je _ ilill fit_ -�•% i =_ -f I" �t w , tom" _. -T�' G � .t ry - rte _ �`_ - r . •. t4 leti, ., "C Os. w V R: s. •X 808 S. 92nd Ave. on April 20, 2005 Q z tft IA t; , 4 A -• A t i "'' • - *4. *i; M 6, . . % *It* : .14 ' 4. ` , ". .4 ' '',.. 41'1 . Q. + ( v ♦ .. . • 3 85t" & Midvale during a snow melt event o Z . ' .;; IF ' . " ' __,...1 141111 - . .....* . y 4 ,•■ . j ` r„ IlliLr my. , AyM This picture was taken from the fence line of parcel 181330 -14401 and "Cottonwood Grove" property. Facing West. This Water is Running down a dirt road taking any route available. Ground is saturated. Water was flowing between snow and the ground over entire field. 85th & Midvale on April 20, 2005 00 oZ g rk P',457 t fling {I ' . .015 •I '''�� ,.ms • fir 1S: _V`\.11"4" . f • .F , Jam ., +:-• • - 1 T 4 - « • .•• • V' :� How do the MDNS mitigations properly address conditions ? r _,...,,,. A . • i • - - 2 * - .0 . 4-" t Ail" % N... 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I a • r . i_ ..-movigag 4 . , • • i.--r3igt —' ...fioid•li nek lji --- - 1111.. $ Natural ct , , • 4 and Flood - , ir ,,:........... ..... az :filiki 9 5-, .;, ,,,i ....,.......-D.--.1-0.: 8 5t 1 & Dili otoare g lir '' Si ; ; ."' ..„...... ii o.LOVA riou,, - I ..- it - j a - 1 _ ....._. -war .. • r i , ......sairearwassassa.: ' ''' Mir - --"'-".---"-- - - '''''''11 frilli'll ° NM& I N • 4 KIL LI ON MOW t * / ....-.......,.... t ..• ■ ^ 111 -1 , • 4 :i.. 6 t .' • • 116 , . ii: _......1 , 4 411(114" 4:1111 '-. 1 11 iwor . , . , _ _ , bl Cottonwood Groves Development i v ow • • .... , * -.■ • - Current and Proposed - • • -' ...,..,.. ,, i k ,I P 1 .,.. ~PP" - i r 1jr ' 1 likILZES ,,- • Vr/'11Re" II 1 ' 11, fr '141 Ig - ' , ap . , • lirti ri l ' • f.' 1111111 , ., im. ...- .... . • ; 1* --• 1111M -418 """4 . ' ' ID ,,40131 • • ' - ,' - X • - 7 — C..,..) 3 SER V HCIl'i ) Pubi ery T kr9 B. 3 2004 r se N p _ • .H .., . _ . 128 North. S Street Fourth Floor . Courthouse:. • Yal • (509) 2300 / 1-800 - 572 -73 54 • FAX ( w ives co. yalama wa. rls�` a ` `' ° ' RAI EON �.... c ®ee .•..''c.. VE•RKM:REDIFER,:P.E.,:- Director. O u February :1, 2005 :.. Yakima City Planning ki C it Jack Arnold, P.E. f1C ,c v c oe i c S Yakima County Public Services rn (.a. fo i c 128,N. 2 :..Street Ccrc ►�, ---r ` Yakima, WA 98901.. • ` RE: Decision for Approval with Conditions ea t 9 0.-6 co c4-__b File Nos. WET 04 -012 & SEP 04 -030 / Dea Mr : "Ar Enclosed are the findings and decision for your Shoreline :Management Substantial Develo ment Application and DNS; to extend an existing culvert across Shaw Creek. The conditions of approval are outlined in the`enclosed decision: Also, after considering agency and Public comments received durin � the: 14-day comment period P g y p •for ..the environmental, review application, we. have: issued a, Determination •of..Nonsignificance IDNS) forahe: above - referenced project. . . You or any aggrieved parties can appeal this decision to the Hearing Examiner for ublic hearin g p.. and review by providing written notice of appeal on forms provided by the County Planning Department (filing fee is $505). The appeal must be filed with the Public. Services -. Planning Division, Fourth Floor, County Courthouse before 5:00 p.m., February 15, 2005: Please. giVe Graliain Simon a call at 574 -2300 if you have any questions about this application or the;a eal process: P r P p .:.. Si ely, • STE. ERICKSOIV.:.; Planning Official Earls::: Fan . Cy: • Parties of Record .. . .:::.:... ... G;\Develo merit Services \Pro \CAO\20Q4 \WET04 312 &SEPO4 -030 Final DQC: Ill FINAL DETERMINATION OF NON - SIGNIFICANCE (Notice of Action) 1. Description of Proposal: Yakima County Public Services Transportation Division is hard surfacing and constructing curb, gutter and sidewalks along South 83 Avenue to the end of the road. 2. Proponent: Yakima County Public Services Engineering Division 128 N. 2 Street Yakima, WA 98901 3. Location of Proposal: The project area is located on South 83` Avenue, which is approximately 1000 feet west of the Tieton Drive /South 80 Avenue intersection and west of Yakima City limits. 4. Lead Agency: Yakima County Public Services Department — Planning Division 5. File Numbers: WET04- 0012 /SEPO4 -030 6. Determination: The lead agency for this proposal has determined that it will not have a probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after a careful review of the completed environmental checklist, and other information on file with the lead agency. This information (including all environmental documentation) is available to the public on request and can be examined in our offices during regular business hours. 7. Appeals: You may appeal this SEPA threshold determination to the Hearing Examiner. You should be prepared to snake specific factual objections. The 14 -day appeal period ends at 5:00 p.m. on February 15, 2004. A notice of such appeal must be filed in writing and delivered to the address below. The filing fee is $505.00. 8. Planning Department Contact: For information on the decision or appeal processes, or on other issues relating to this proposal, contact Graham Simon at (509) 574 -2300. 9. SEPA Responsible Official: ST ' EN M. E KSON 10. Position/Title: Planning Official 11. Address: Room 417, Courthouse, Yakima, WA 98901 12. Date: February 1, 2004 G:\Development Services\ Projects \SEPA\DNS\2004 \SEPO4- 030_WET04 -012 83rd AVE DNS.doc DOC. .., `F INDEX `'_ . YAKIMA COUNTY PLANNING DEPARTMENT CRITICAL AREAS SUBSTANTIAL DEVELOPMENT PERMIT - FINAL DECISION - February 1, 2005 PROJECT NAME: Yakima County Public Services — Engineering Division: Shaw Creek Culvert Repair FILE NUMBER: WET04- 012 /SEP 04 -030 Parcel Number(s) 181330 -11407 PROPOSAL: Yakima County Public Services — Engineering Division has submitted an application for a Critical Areas Ordinance (CAO) Substantial Development Permit and State Environmental Policy Act (SEPA) review to authorize the extension of an existing culvert across Shaw Creek. The construction involves extending an existing culvert on each side of South 83r Avenue to allow for a proposed road widening and paving project. APPLICANT: Jack Arnold, P.E., Yakima County Public Services — Engineering Division 128 N. 2nd Street, Fourth Floor, Yakima WA, 98901 PREPARED BY: Graham Simon - Natural Resource Planner DECISION: APPROVED with conditions Based upon a site inspection, information supplied by the applicant, and a review of Yakima County Code Title 16A, the Critical Areas Ordinance and Title 15, the Zoning Ordinance (YCZO), the Administrator makes the following: FINDINGS AND ANALYSIS Location, Zoning, and Land Use 1. The subject parcel is located on the south side of Tieton Drive along South 83 Avenue, at west edge of the City of Yakima. The property is zoned One Family Residential (R -1) with surrounding properties lying within the City of Yakima jurisdiction. The project area is along South 83r Avenue, with nearby parcels ranging in size from a half acre to five acres. Land uses in the area include small lots of residential development and with small amounts of agricultural practices. Description of Critical Areas 2. Shaw Creek (a Type 3 stream) flows from west to east and crosses under South 83 Avenue. It is approximately 5 to 10 feet wide, is encompassed within narrow banks with no riparian corridor and consisting of nonnative vegetation. The areas adjacent to the stream have been severely impacted by development. Almost all the native vegetation has been removed and replaced with lawn. The stream flows through residential parcels in the area of the proposed stream crossing. The stream banks rise quickly from the Ordinary High Water mark on both sides. The surrounding property is developed. 3. Hydrologically related critical areas (HRCA) require sufficient area of undisturbed soil in combination with a variety of native grasses and woody plants to support one or more of the DOC. INDEX ";_` WET 04 -012 / SEPO4 -030 YCPW — Culvert Findings & Decision Page 2 of 6 following functional properties. Projects within the HRCA should protect these functional properties, which are listed as follows: (YCC 16A.04.02): (1) Stream bank and shoreline stabilization; (2) Providing sufficient shade through canopy cover to maintain water temperatures at optimum levels and to support fish habitat; (3) Moderating the impact of stormwater and melt water runoff; (4) Filtering solids, nutrients, and harmful substances; (5) Erosion prevention; (6) Providing and maintaining migratory corridors for wildlife; (7) Supporting a diversity of wildlife habitat; (8) Providing floodwater storage. STAFF RESPONSE: Currently the creek and riparian corridor is degraded to a point where it does not provide the functional properties of sections 2, 4, 5, or 7 above. The capacity to which the other functions perform has been reduced by residential development on adjacent lands and a reduction in the riparian zone and native vegetation that would have occurred in conjunction with the riparian zone. During extension of the culvert beneath South 83 Avenue crossing, minimal water will be present due to seasonal flow conditions. All work within Shaw Creek shall conform to the conditions of the HPA from the Washington Department of Fish and Wildlife. A 5-foot culvert extension on both the west and east side of South 83 Avenue is proposed to convey 100% of the channel capacity and is ample for passing flood flows. Project Description 4. The proposal is for the design, right of way acquisition, and construction of South 83 Avenue from Tieton Drive to the end of the road. The proposed improvements will widen South 83 avenue to provide a 30 foot paved width with curbs, gutters, enclosed drainage, illumination, and a sidewalk on the east side. The application also proposes to extend the culvert crossing on South 83r Avenue during the widening. The purpose of this expansion and construction is to increase traffic capacity and safety. The new culvert extension over Shaw Creek will be accomplished using a 2 -foot extension on each side of the road that matches and existing culvert under South 83 Avenue. 5. Construction is proposed to take place at seasonal times when fish habitat will be least impacted, which will be coordinated by the Washington State Department of Fish and Wildlife (WDFW). 6. Mitigation for disturbances at the proposed crossing is identified in the JARPA application located where the crossing will be extended. Mitigation will be in the form of erosion control and Best Management Practices not to over excavate the banks while extending the culvert. 7. Surface water run -off will be collected and disposed of through the installation of curb and gutters to collect and dispose of storm water runoff to drywelis and /or detention basins conveyed to bio- infiltration swales and the ponds for water quality treatment and infiltration. ,Jurisdiction and Process 8. The proposed work is located perpendicular to Shaw Creek, which is designated a critical area. The Yakima County CAO requires a structural setback and vegetative buffer of undisturbed soil and native vegetation for streams and wetlands based on their official classification. Shaw Creek is a Type 3 stream and is protected with a 50 -foot vegetative buffer and structural setback, as DOC. INDEX WET 04 -012 / SEPO4 -030 YCPW — Culvert Findings & Decision Page 3 of 6 measured from the OHWM. The proposed work is within the required vegetated buffer and requires a Critical Area Substantial Development Permit. 9. YCC 16A.03.12 stipulates that the Administrative Official may require conditions of approval to: accomplish the purpose and intent of this ordinance; eliminate or mitigate any identified specific or general negative impacts of the project on the critical area; restore important resource features that have been degraded or lost because of past or present activities on the project site; protect designated critical areas from damaging and incompatible development. STAFF REPONSE: The project has proposed erosion control measures and this decision is conditioned to meet the Best Management Practices for erosion and sediment control will be required. The proposed method should reduce any detrimental impact to the critical areas. Critical Area Ordinance Development Standards 10. The following section reviews the development requirements of the CAO relevant to this application. Specific items that have not been addressed by the application or remain a concern are listed in their appropriate subsection. If required, staff analysis and/or response follows in italics. 11. The project is classified as both a Water Dependent Use and a Public Benefit Use under Section 16A.04.05(1) and (3) of the Yakima County CAO. Water dependant uses cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. Only the specific portions of the project that are demonstrably dependent upon the water — such as the culvert extension itself — are considered water dependent. Public benefit uses include roads, railroads, utility transmission lines, and other similar uses which provide an important public service, protect public health and safety, or provide some other public benefit, that are not functionally dependent on a location with a stream corridor, but must necessarily traverse a corridor. STAFF RESPOSE: (1) The proposed project is to improve portions of an existing roadway. The new design is intended to collect stormwater and extend the culvert to allow for floodwaters to be conveyed (3) The proposed project design is within the existing right -of -way. All excess material will be deposited outside of any Critical Area. 12. The Yakima County Critical Areas Ordinance (Title 16A) provides a number of policies, standards, and guidelines, listed below, that development in the shoreline areas must meet. Many of these requirements do not apply to the subject application and most of the other requirements are generally met. Requirements that remain a concern are discussed in this decision. 16A.04.08 General Policies \Standards 16A.04.16 Dredging and Excavating 16A.04.13 Roads and Railroads 16A.04.17 Filling 16A.04.14 Utility Transmission Lines 16A.04.19 Reclamation 13. Section 16A.04.08 — General Policies and Standards — outlines a group of eighteen standards that all applications must meet. The standards that apply directly to this application are listed below: (3) Nesting areas and other sensitive wildlife habitat identified within a stream corridor shall not be disturbed. (4) Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. DOC. INDEX WET 04 -002 / SEPO4 -030 YCPW Shaw Creek Culvert Findings & Decision Page 4 of 6 (5) Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of upland soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load. (6) The removal of ground -cover vegetation, excavation, and grading shall be scheduled for periods when the soils are the least vulnerable to erosion, compaction and movements unless suitable protective measures are used to prevent erosion (7) The removal of ground -cover vegetation, excavation, and grading shall be scheduled to ensure the minimal duration of exposed, unprotected soils. (8) Development, construction and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal coliform, toxns, and other biochemical substances. (11) Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters. (12) Development, construction or uses within the stream corridor shall not alter or divert flood flows causing channel shift or erosion, increase or accelerate the flooding of upstream or downstream flood hazard areas, or otherwise threaten public or private properties. (13) Increases in impervious surface area, compaction of soil, change in topography and other modifications of land within a stream corridor which are determined will permanently increase stormwater and melt water runoff into stream channels, drainage way and conduits, shall provide on -site or off -site facilities for the detention, control and filtration of such increases. (14) The discharge point for controlled stormwater and meltwater runoff and other outfall shall be protected from erosion through the use of native riparian vegetation where possible or by reducing velocity, use of rock spillways, riprap, splash plates or other demonstrably effective means. STAFF RESPONSE: (3) Preservation on habitat will be accomplished through the issuance or the Hydraulic Project Approval (HPA) Permit from Washington State Department of Fish and Wildlife (WDFW) (4) Project timing will minimize the impacts to fish and wildlife and will be in accordance with the conditions of the HPA by WDFW. (5, 6, & 7) The necessary excavation work is the minimum necessary to complete the project. During construction, best management practices will be utilized to limit upland erosion and exclude sediment deposition within the stream channel. Also the standards listed in 5, 6, & 7 will be accomplished through the issuance of the HPA by WDFW. (8) The proposed construction includes the detention, control and filtration of stormwater. (11 & 12) The proposed culvert extension will not alter or obstruct the natural volume or flow of surface waters due to its sufficient dimensions and placement compared to the existing condition. (13 & 14) The proposed construction includes the detention, control and filtration of stormwater that meets these standards. 14. Section 16A.04.13 of the CAO — Roads and Railroads outline a group of 10 standards, which apply within a designated HRCA. The standards that directly apply to this application are listed as follows: (1) Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor, or where existing development, topography and other conditions preclude locations outside the stream corridor. DOC. INDEX :::; = WET 04 -002 / SEPO4 -030 YCPW Shaw Creek Culvert Findings & Decision Page 5 of 6 (2) Construction of the roadway across stream corridors shall be by the most direct route possible having the least impact to the stream corridor. (9) The alignment and slope of culverts shall parallel the natural flow of streams or drainage ways, shall be sized to accommodate ordinary high water and shall terminate on stable, erosion resistant materials. STAFF RESPONSE: (1 & 2) Standards for (1) and (2) are met by the proposed design of the road and culvert. (9) The design of the culvert extension meets this standard. 15. Section 16A.04.16 — Dredging and Excavating — The following provisions shall apply to dredging and excavation within a designated hydrologically related critical area. Those that are applicable are listed as follows: (2) Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or action. (5) Entries across shorelines and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage. (6) Dredging and excavation shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes. STAFF RESPONSE: (2, 5, & 6) As conditions of approval, the applicant will be required to conduct the excavation work when the channel is dry, confine work to the minimum necessary, confine work to locations with the least potential for site disturbances, scheduled for a time having the least impact on natural processes. Additionally, best management practices will be required to minimize the introduction of sediment into stormwater as a result of excavation. All materials removed will be required to be removed from the critical area. Scheduling requirements will be accomplished through the issuance of the HPA permit from WDFW. Notice of Application and Comments. 16. A notice of the application was mailed on July 14, 2004 to interested agencies and to adjoining property owners within 300 feet of the boundaries of the subject property. There were no comments from the adjoining property owners or agencies. Additional Permits. 17. A Hydraulic Permit Approval (HPA) from the Washington Department of Fish and Wildlife will required prior to the initiation of any in water work. DECISION AND CONDITIONS Based upon the above findings, the Yakima County Critical Areas Ordinance Administrator hereby APPROVES the request to construct a waterline across Bachelor Creek, subject to the following conditions:. 1. All disturbed areas outside of the road prism shall be seeded with native vegetation. 2. During construction best management practices shall be utilized to limit erosion and exclude sediment deposition in the creek. DOG. INDEX `_ # =:�( = ^ WET 04 -002 / SEPO4 -030 YCPW Shaw Creek Culvert Findings & Decision Page 6 of 6 3. Excavation, construction, and grading: (1) shall be confined to the minimum area necessary to accomplish the work, (2) shall be scheduled for times having the least impact to soil erosion, fish and spawning, nesting patterns, and other identified natural processes, and (3) shall be scheduled to ensure the minimum duration of exposed soils. 4. Debris shall not be used as road fill or buried within the stream buffer. Fill material shall be sand, gravel, rock, or other clean material. 5. All parts of the project shall be completed, and all conditions of the Washington Department of Fish and Wildlife Hydraulic Permit Approval shall be implemented. 6. All stormwater and erosion control shall be designed and constructed using methods acceptable to the Yakima County Public Services — Surface Water Management Division. 7. TIME LIMIT: Project construction shall be completed on or before February 1, 2006, unless an extension is granted as provided by the Critical Areas Ordinance. If a request for an extension is made, it must be in writing and submitted to Yakima County Public Services — Planning Division, prior to the completion date. NOTICE OF APPEAL In accordance with Section 16B.09 of the Yakima County Code, any person may appeal the Administrative Official's decision to the Yakima County Hearing Examiner. A notice of such appeal must be filed in writing and delivered to Yakima County Public Services, - Planning Division, Fourth Floor, County Courthouse, Yakima, Washington on or before 5:00 p.m., February 15, 2005. The appeal must be in writing accompanied by the $505appeal filing fee, and include: A. The appellant's name, address, and telephone number; B. The decision being appealed; C. Appellant' s statement as to why the decision is believed to be wrong; D. The desired outcome or relief sought by the appellant. 206) Date - 1 N M. ERIC SON, Planning Official CAO /Shoreline Ad 'nistrative Official G: \Development Services \Projects \CAO\2004 \WET04 - 012 &SEPO4 -030 Shaw Creek Culvert Decision.doc DOC. INDEX sr x� RECgiVED JAN 1 8.2005 4 ±13$9 CITY OF YAKilviA PLANNING DIV. State of Washington Department of .Fish. and Wildlife • Mailing Address: 600 Capitol Way N, Olympia WA 98501 -1091, (360) 902 -2200, TDD (360) 902 -2207 Main Office Location: Natural Resources Building, 1111 Washington Street SE, Olympia WA January 12, 2005 City of Yakima ATTENTION: Doug Maples, Code Administration and Planning Manager 129 North 2nd Street Yakima, Washington 98901 Dear Mr.. Maples: • SUBJECT: State Environmental Policy Act Document; Comments for Cottonwood Grove Phases 3 -7: Proposed Long Plat ( #3 -04), Proposed Rezone ( #6 -04), and CL(2) Land Use Review ( #27 -04), File UAZO EC #25 -04 Preliminary Mitigated Determination of Non - Significance for Critical Areas Development along Shaw Creek, Tributary to Wide Hollow Creek, Yakima County, WRIA 37.0140. The Washington Department of Fish and Wildlife (WDFW) has reviewed the above - referenced State Environmental Policy Act (SEPA) document received on December 29, 2004, and offers the following comments at this time. We are concerned that the project proposal, if implemented, causes substantial loss of opportunity to appropriately correct anthropogenic deficiencies in both the drainage and related ecologic functions of Shaw Creek. Imminent property casualties and continued fish habitat degradation caused by Shaw Creek flooding are otherwise inadequately addressed. We may offer additional comments as the environmental review and project progresses. Affected Watercourses Shaw Creek is a natural watercourse draining several square miles of agricultural, rural residential, and suburban lands prior to its discharge to Wide Hollow Creek. It's a fish - bearing water of the state and contributes significant discharge to Wide Hollow Creek. Wide Hollow Creek supports both sea -going (anadromous) and resident salmonids (salmon and trout, including steelhead), although the habitat alterations and sedimentation it suffers limit its production potential for those species. As such, the maintenance and restoration of Shaw Creek's natural functions have clear implications for the recovery of quality fish habitats in Wide Hollow Creek. Shaw Creek itself is known to support- and has even greater potentials- to support salmonid species. DOC.• INDEX Doug: Maples January 12, 2005 .Page 2 of 3 Currently, Shaw Creek is fully diverted from its natural bottomland watercourse into a constructed ditch at both its base and bank full discharges. This course change begins in the vicinity of 96 Avenue. From there, it unnaturally traverses the hill slope above the area of the proposed action. Currently, the Yakima County Critical Areas layer is mis- mapped and does not include this lower segment of the watercourse. Past agricultural use of the bottomlands likely provided cause to change the location of Shaw Creek long ago. Unfortunately, the constructed ditch is perched and, as such, completely loses its continuity with over -bank flows i.e. floodwaters. Those flows beyond its conveyance capacity have tended to flow through the area of the current and proposed phases of the Cottonwood Groves development, which are largely in the natural bottomlands. Residential flooding resulting in property damages along Midvale Road to the southeast of there is also a well -known result of past Shaw Creek runoff events. Photographic (circa 1999) and documentary evidence of this are enclosed. Since Shaw Creek still captures its natural bottomlands during floods and there... are no diversionary water rights downstream of the natural -to- artificial channel divergence point, the diversion may no longer have a legal standing. The Department of Ecology should consider whether this amounts to an illegal diversion of water. In any case, Shaw's bottomlands should be legitimately added into Critical Areas jurisdiction too, as they are frequently flooded. Both the flooding and habitat degradation problems are intertwined. Waters running through bare, disturbed, cultivated, or developed land surfaces tend to entrain excessive amounts of sediment and often - harmful biotoxins. The polluted overland flows can then re -enter natural watercourses to the detriment of healthy ecologic functions downstream. Conversely, in the case of Shaw Creek, natural habitat - forming and habitat - renewing processes are short circuited when the higher- energy flood flows diverge and separate from the artificial, ditched watercourse. Accumulated silts and excessive vegetation growth in the perched ditch cannot be naturally scoured away periodically and its conveyance capacity diminishes increasingly with time, sending more and more water over bank. The potential to maintain a modicum of fish habitat in the constructed ditch is also correspondingly impossible due to the lack of scouring flows and shallowing depths. Dredging, diking, or piping this state water are poor- and shall remain - unacceptable solutions to the problem from a natural resources standpoint. For both fish and people, it's unfortunate this situation was created and remained. Now that land uses in the bottomland are changing from agriculture; it is time to consider reversing this problematic legacy of the prior land use. We strongly urge provision in an approval of the proposed land use for reconstruction of a Shaw Creek channel, natural in function, connecting to Wide Hollow Creek. Attributes of this channel should include: 1) generally follows the natural topographic lows toward Wide Hollow Creek. 2) is meandering in form with vertical roughness elements, emulating natural channel features. 3) supports some lateral bank scour and channel migration 4) is within a conservancy corridor where healthy riparian vegetation can be established and sustained (150 feet is a sensible and consistent minimum figure for the average corridor width). 5) has sufficient capacity to contain and convey 25 -year discharges, or greater. DOG. ,. INDEX Doug Maples January 12, 2005 Page 2 of 3 Currently, Shaw Creek is fully diverted from its natural bottomland watercourse into a constructed ditch at both its base and bank full discharges. This course change begins in the vicinity of 96 Avenue. From there, it unnaturally traverses the hill slope above the area of the proposed action. Currently, the Yakima County Critical Areas layer is mis- mapped and does not include this lower segment of the watercourse. Past agricultural use of the bottomlands likely provided cause to change the location of Shaw Creek long ago. Unfortunately, the constructed ditch is perched and, as such, completely loses its continuity with over -bank flows i.e. floodwaters. Those flows beyond its conveyance capacity have tended to flout)' through the area of the current and proposed phases of the Cottonwood Groves development, which are largely in the natural bottomlands. Residential flooding resulting in property damages along Midvale Road to the southeast of there is also a well -known result of past Shaw Creek runoff events. Photographic (circa 1999) and documentary evidence of this are enclosed. Since Shaw Creek still captures its natural bottomlands during floods and there . are no diversionary water rights downstream of the natural -to- artificial channel divergence point, the diversion may no longer have a legal standing. The Department of Ecology should consider whether this amounts to an illegal diversion of water. In any case, Shaw's bottomlands should be legitimately added into Critical Areas jurisdiction too, as they are frequently flooded. • Both the flooding and habitat degradation problems are intertwined. Waters running through bare, disturbed, cultivated, or developed land surfaces tend to entrain excessive amounts of sediment and often - harmful biotoxins. The polluted overland flows can then re -enter natural watercourses to the detriment of healthy ecologic functions downstream. Conversely, in the case of Shaw Creek, natural habitat- forming and habitat- renewing processes are short circuited when the higher-energy flood flows diverge and separate from the artificial, ditched watercourse. Accumulated silts and excessive vegetation growth in the perched ditch cannot be naturally scoured away periodically and its conveyance capacity diminishes increasingly with time, sending more and more water over bank. The potential to maintain a modicum of fish habitat in the constructed ditch is also correspondingly impossible due to the lack of scouring flows and shallowing depths. Dredging, diking, or piping this state water are poor - an d shall remain - unacceptable solutions to the problem from a natural resources standpoint. For both fish and people, it's unfortunate this situation was created and remained. Now that land uses in the bottomland-are, changing from agriculture; it is time to consider reversing this problematic legacy of the prior land use. We strongly urge provision in an approval of the proposed land use for reconstruction of a Shaw Creek channel, natural in function, connecting to Wide Hollow Creek. Attributes of this channel „ should include: 1) generally follows the natural topographic lows toward Wide Hollow Creek. 2) is meandering in form with vertical roughness elements, emulating natural channel features. 3) supports some lateral bank scour and channel migration 4) is within a conservancy corridor where healthy riparian vegetation can be established and sustained (150 feet is a sensible and consistent minimum figure for the average corridor width). 5) has sufficient capacity to contain and convey 25 -year discharges, or greater. DOC. INDEX # , ;. .... Doug Maples January 12, 2005 Page 3 of 3 There are a multitude of benefits to natural resources, as well as the current and future local communities and their development, by restoring a more - natural and consolidated Shaw Creek connection to Wide Hollow Creek. The WDFW is willing to provide technical assistance toward implementing this provision. However, the Yakima County Surface Water Division should be the greatest outside resource in its ultimate planning and implementation. Within the scope of the entire SEPA checklist submitted for Phases 3 thru 7 of Cottonwood Groves, we find portions to be materially incorrect, incomplete, and/or they inadequately address the potential for environmental degradation from the proposed land use. There are no provisions to keep the development, its stormwater, and the Shaw Creek overflow separated at all. People and their property will be put in harm's way. If the proponent wishes to sustain the current proposal, WDFW recommends the re- filing of SEPA to better reflect the actual environmental conditions, or issuance of a DS by the Lead Agency. Thank you for the opportunity to provide these comments. If you have any questions, please contact me at (509) 457 -9310. Sincerely, Eric Bartrand Area Habitat Biologist EB:eb Enclosures: Documents- 4; Photographs- 21 Ecc: John Knudsen, County Surface Water Management Mike Kerins, County Long Range Planning Joanna Dixon, WDOE • DOC • INDEX "` • �••4 _ . . y r3 .�: 'l .•.• .% `: < • `tt r . .. • 128 North Second Street •• Fourth Floor Courthouse e •• Yakima, Wa 98901 ';:";..:,..i.& v= —= : (509) 5.74 -2 • 1 -800- 572 - 73.54'.• FAX {509) 574 -2301 www.co :yakima.wa:.us °� ..:; . .... VERN M RED PE Director • I� o vember 24,:200-4.•:: • TO . . • . 'Alvin Norman Adjoining Propert Owners, and Interested Agencies - • ' FROM • Steve Erickson, Planning Official . SUBJ ••: Notice of Public Hearing and : Final' Environmental Review for the Preliminary Plat. •:: ,_ :. •' ... •. • • knoWn as 'Meadow View PRI 2004=435 • PROPOSAL : • . •• • Alvin Norman proposes a 56 -lo subdivision it two. phases including. a request to locate, comnlon'wall ::: - :., dwelling: iixnits'.'on all of the lots The lots average 6,000 s pare feet iii sire. 'P.ubhc sewer Zwill be:provided • by the Yakima Regio .Wa Facilit=y acid public Water frorr Nob Hill Water Association:.. :The ' : • : • . propert 'is located on thewest. side of So.. Ege Avenue •about_: 330. feet north of the intersection` of So.; 80,:'..' _:. • • Avenue : and West Nob Hill Blvd. and is'withiri the Yakm -'a TJrban Gro�vtli Area: Parcel' No. 1.81330 • :. ' . :: ENVIRONMENTAL REVIEW .: ..: • • .. .. -. • . :.A' Mitigated : :.Deter riniation o f Non- Significan . (M1DNS) was issued Noveinbei'.24 2004 ::: _This : ..... determination inay be appealed. by 5.:OO p.m: on December 8,:2004.. Contac (::Yakirna . . appeal,infor iatiori. Ariy SEPA appeal will be heard by_the Hearing Examiner in conjunctiorl°:v i:th. :t e . .: : `: : hearing .oh the..: reliinin a.' y:°subdivisioi : -•.:.:. �:: • ::.. • : :.. ::.; :.. ' :.. • •' - • .OPEN•R:hCORD`PUBLIC HEARING •,.... - • Ani:open accord �heariiig is schedule before the Yakima County Hearing Examiner on T iisday.i _ ._ D.eeenibei 16,. 2004 at• 1 :30 p.m. in Room 13-33 located in the basement of the Yakima :County: Coaiiiiii6ds`e.: • • you have any comments on:: this ioect`. lease • vour comments ? in Writing td:the.. Yakima .. . • . .. County '`Pubic Servi.ees Department, Room 417. Courthouse, Yakima, VvvA :98901. Be sure' to:re'ference:. • -• : -• File No.' PtJ2004 435 iii• your correspondence. :All comtnents received by December 8, 2004 .. - addressedrn the staffreport and. recoriiinendation, which wdl be available one week beforeth:ehearing :: ' .. . . Cornments ma •also be submitted:'.or presented until the close of the public hearing. If you- have any ":,•, • '. questions s about . 9 :... :.. "., tii.:propo contact Carol Faith, Senior Ploject Cooi;dinator; at 574 = 2230..:.:' ..:::: •::....; ' •Biiel:; Final fi DNS ' relina na .. `Pl . . • ' - .. • G: ■Devel Services \SUB.DIVISI ESN \LONG P LAS' \Meadowview PH:notice.doc ' fi DOCi: — :INDEX • B Preliminary MITIGATED DETERMINATION OF NON - SIGNIFICANCE 1. Description of Proposal: Subdivide approximately 9.8 acres into 56 lots, in two phases, with a single - family common wall dwelling unit on each lot. The property is located within the Single - Family Residential (R -1) zoning district and urban growth area of Yakima. 2. _ Property Owner: Alvin Norman 624 S. 96 Avenue Yakima, WA 98908 3. Representative: Hordan Planning Services 4. Location of Proposal: The property is located on the west side of S. 80 Avenue, approximately 300 feet north of Nob Hill Boulevard and within the urban growth area of Yakima, WA. Tax Parcel #181330 -14012 5. Lead Agency: Yakima County Public Services Department, Planning Division 6. File Numbers: PRJ2004 -00435 / SUB04 -91 / SEP 04 -040 / CUPO4 -063 7. Determination: The lead agency for this proposal has determined that it will not have a probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse impacts. This decision was made after a careful review of the completed environmental checklist, and other information on file with the lead agency. This information (including all environmental documentation) is available to the public on request and can be examined at our office during regular business hours. Environmental documents include: SEPA checklist, this preliminary threshold determination, and submittal materials. 8. Identified Environmental Impacts and Mitigation Measures: Substantive authority to require mitigation for significant and non - significant impacts is derived from WAC 197 -11 -660, Yakima County Code, Chapter 16.04.230 and, by reference, the policies contained in the Yakima Urban Area Comprehensive Plan. A. Water (Ground and Surface water) The property is located within the Wide Hollow Creek watershed, which has a history of being a flood prone basin. The parcel is very close to historic flood paths for Shaw Creek, a Type 3 stream which flows adjacent to S. 80 Avenue and along the east property line of the subject property. The creek may be elevated above the property and adjacent properties. Historic flooding from the creek along 80th Avenue, tends to leave the ditch, flood low -lying areas next to the ditch, and generally flows from North to South. Properties to the northwest have experienced floods that may come on site. Improvements to portions of Shaw Creek to re -route the drainage feature back to its original location (further to the west of the subject property) has been discussed by various agencies. Should this reconfiguration happen sometime in the future, Shaw Creek would not cross this property. DOC. INDEX # (1 Meadow View- Subdivision Page.2 Based on a variety of information, impacts to the development or adjacent properties will most likely result unless surface water is properly managed. Excavation, site development, road building, and subsequent lot use (lawn irrigation), needs to be done in a manner that drainage facilities and Shaw Creek, a Type 3 stream currently located adjacent to S. 80 Avenue, are not negatively impacted by site development or result in increased stormwater runoff. Any improvements to S. 80 Avenue or alteration to the stream shall be consistent with Yakima County Critical Areas Ordinance, Chapter 16A YCC. Should the creek be relocated, no Critical Areas Ordinance review is necessary and the relocation of the creek will not need to be incorporated into any road designs. Stormwater management needs to be done in order to minimize the potential for damage from inadequately managed stormwater. Grading and site development must be done in a way to avoid the potential for increased flooding in the area. Compliance with Yakima County Critical Areas Ordinance requirements will address impacts to the Type 3 stream. Mitigating Condition Al: A stormwater management plan meeting the following design standards must be submitted for review and approval by Yakima Co. Public Services prior to grading of the property or any road development: 1. Stormwater retention or detention shall be provided. A professional engineer registered in the State of Washington shall design all drainage facilities and components. Drainage plans using best management practices and design requirements must be submitted to and approved by Yakima County Public Services Depaitinent prior to grading or plat development. 2. Post development stormwater flow rates and volumes shall not exceed predevelopment conditions for up to the 100 -year storm event because the plat is located within a flood.prone basin. 3. A road drainage system must be enlarged to accommodate not only the runoff flows and volumes from the road surfaces but also 50% of the flows and volumes from the impervious areas, consisting of roofs, driveways, and sidewalks that have the potential to release runoff into the road drainage systems. The assumption is that 22.5% (half of the 45% lot coverage standard) of the stouuwater generated from any lot will find its way into the road stormwater systems. Mitigating Condition A2: Grading of the site for road building, stormwater management and • . building construction shall be done so that any overland flood flow of Shaw Creek through the property is not obstructed from crossing the property and re- entering the stream channel. Prior to site grading or road development, a grading plan must be submitted to the Yakima County Public Services Department for review and approval. B. Transportation and Public Services The proposed preliminary plat shows Phase 1 to include Lots 1 through 18, and Lots 39 through 56 for a total of 36 lots. Phase 2 will contain the remaining lots. The preliminary plat indicates the construction of a new interior road, "Westbrook Avenue" with future connections to the West and North. The subject property is bordered by the city limits on both the eastern and western property lines. S. 80 Avenue is a city - maintained street classified as a collector arterial and currently constructed without curb, gutter or sidewalks. S. 80 Avenue is under the jurisdiction of the City of Yakima. The roads within the Cottonwood Grove development to the west would be city streets. The road within the subject property would be a DOC. INDEX #`r(1 . ' Meadow View Subdivision Page .3 county road. At the western end of Westbrook Avenue, the road is proposed to connect to a future phase of the Cottonwood Grove subdivision, which is currently being reviewed by the City of Yakima. Consideration of potential connection routes through this plat was made by the City of Yakima. The City concluded that the layout of the proposed road could adequately connect to the future roads to the west, but that the alignment may need to be shifted to match up to the future road to the west. The northern connection route, near the middle of the subdivision, is to vacant land with no pending development application that would allow for a connection road. The location and configuration of the northern route meets the turnaround standards of the Yakima Co. Subdivision Ordinance and International Fire Code, 2003 Edition. To protect the occupants of the subdivision from problems relating to inadequate fire, life and safety provisions, the number of lots and the length of the dead end street are limited. Per Appendix D of the International Fire Code, only 30 residential units are generally allowed on a single access road. Exceptions may be made when all dwellings units are protected by approved sprinkler systems or when the Fire Marshall determines future development will provide connections. While the period of time is not specified in the exemption, the Fire Marshall must be satisfied that the timing of the future development is in the near future. Yakima County Subdivision Ord., Section 14.28.020 Yakima County Code (YCC) "Streets" item (n) states "Dead -end streets, designed to be so permanently, shall not be longer than three hundred feet and shall be provided at the closed end with a turnaround having an outside right -of- way diameter of at least one hundred feet." Assuming only a 50' frontage per lot, then a 300' maximum length 'would translate into upwards of 15 Lots. Per Transportation and Land Development, 2 11d Edition, published by the Institute of Transportation Engineers, the suggested maximum for Cul -de Sacs is 25 dwelling units. Per Planning for Street Connectivity, published by the American Planning Association, a summary of Cul -de -Sac requirements for 13 cities shows that Cul -de -Sacs are usually restricted to 200 to 300 feet. This would translate into upwards of 10 to 15 Lots assuming a 50 foot frontage. Section 14.52.060 YCC requires that a public road serve a development with over 16 lots which is similar to that required under YMC 12.06.090. Phase II of the development would serve 24 lots. Per City of Yakima, upon development• of the 56 -unit subdivision classified as a townhouse development per the International Traffic Engineers (ITE) Trip Generation Manual (7 Edition, <2003);-'an estimated 29.12 PM Peak traffic trips would be generated. Review of the existing capacity of arterial streets in the vicinity of the development found that reserve capacity exists to handle the increased traffic. Additionally, the City of Yakima identified that smaller families with fewer children tend to live in common wall units. However, as the increased traffic exceeds 10 PM Peak Hour Weekday Vehicle Trips review for compliance with the City of Yakima's Transportation Concurrency Ordinance (Yakima Municipal Code (YMC) Title 12.08) is required. Chapter 12.01, YMC, Construction of Public Works Improvements, establishes requirements and standards for the design of public works improvements in conjunction with subdivision developments. As the proposed subdivision abuts and would access S. 80 Avenue, a city street, frontage improvements that meet current City standards for a Collector Arterial Roadway are required to serve the development. This includes 7 -foot wide sidewalk, and roadway cross section width of 24.5 feet from roadway centerline to back of the curb. An engineered design is required to be submitted to and approved by the City of Yakima, DOC, INDEX Meadow View Subdivision Page 4 and construction made prior to final plat approval. In lieu of completing the improvements to S. 80 Avenue to city standards, prior to final plat approval, a performance bond, a financial contribution to future improvements, or a valid deferment agreement may be considered and approved by the City of Yakima. Any additional right -of -way required will be a condition of preliminary plat approval. The City of Yakima adopted its Six -Year Transportation Improvement Program in July 2004 (Resolution #103, 2004) which included state and local- funded improvements to S. 80 Avenue between Tieton and Zier Roads as Priority #26 (of 43) anticipated to begin in 2007. Any frontage improvements to S. 80 Avenue, or the new interior street design, need to consider the maintenance of the Shaw Creek drainage unless this drainage is relocated and no longer crosses the property. As the possibility of relocation has been discussed and may occur in a few years, frontage improvements to S. 80 could be delayed until Phase II of the subdivision in order to alleviate road and frontage design details that may not be necessary in the near future. Mitigating Condition Bl. Phase 1 can include a total 32 lots as shown on the preliminary site plan as Lots 1 -16 and Lots 41 -56, which will allow the lots to be developed adjacent to and easterly of the proposed northerly connection. This north/south road for future connection will also satisfy the requirement for a turnaround. Mitigating Condition B2. Phase II, consisting of Lots 17 -40, must be served with a minimum of two access connections. Prior to final plat approval for Phase II, a second access connection must be provided from a public road constructed to urban standards and approved by the Yakima County Public Services Department. Mitigating Condition B3. Prior to fmal plat approval of Phase II, frontage improvements to S. 80 Avenue as required by the City of Yakima, must be completed. In lieu of physical improvements, a performance bond, a financial contribution to future frontage improvements, or a valid deferment agreement must be approved by the City of Yakima. 9. Comment. There is no further comment period on the MDNS. 10. Appeals: You may appeal this SEPA threshold determination to the Hearing Examiner who will act on the appeal in conjunction with the public hearing on the subdivision. An appeal must be filed by 5:00 p.m. on December 8, 2004. A notice of such appeal must be filed in writing and delivered to the Public Services Department. 11. Yakima County Contact: For information on other issues relating to this proposal, contact Carol Faith, Senior Project Coordinator, at (509) 574 -2230. 12. SEPA Responsible Officia • E EN ERICKSON 13. Position /Title: Planning Official /SEPA Responsible Official 12. Address: Room 417, Courthouse, Yakima, WA 98901 13. Date: November 24, 2004 G:\Development Services\ Projects \SEPA\MDNS\2004 \PRT2004 -435 Meadow View Nov 23 2004.doc DOC. INDEX • SERVICE • , DEPARTMENT OF PUBLIC SERVICES Planning Services Division w r Zoning & Subdivision Environmental & Natural Resources Long Range " '? A,0 X 128 North Second Street • Fourth Floor Courthouse • Yakima, Washington 98901 - �� (509) 574 -2260 • 1- 800 - 572 -7354 FAX (509) 574 -2231 • www.planning2 @co.yakima.wa.us W ® A - 1 R eC TV,ED VERNM. REDIFER, P.E. c ® Director of Public Services NOV 0 5 200 , . City Planning Attn: Doug Maples November ( i#34tliktottiotisT RATion TO: Adjoining Property Owners, SEPA Consulted Ag=,..ios FROM: Steven Erickson, SEPA Responsible Official SUBJ: Meadow View Subdivision, Type II Application & Environmental Review File Nos. SUB04 -91, SEPO4 -0040, & CUPO4- 00063: Project No. 2004 -00435 Proposal The Yakima County Development Services Center has received an application from Alvin . . Norman for a 56 -lot subdivision in two phases including a request to locate common wall . . dwelling units on all of the lots. The lots average 6,000 square feet in size. Public sewer will be provided by the Yakima Regional Wastewater Facility and public water from Nob Hill Water • • Association. The property is located on the west side of So. 80 Avenue about 330 feet north of: the intersection of So. 80 Avenue and West Nob Hill Blvd. in Yakima, WA.. Parcel No.18133.0 14012. Environmental Review This proposal is subject to environmental review. The Yakima County Planning Department is lead agency for this proposal under the State Environmental Policy Act (SEPA). The standard . process authorized by WAC197 -11 -350 is being used. The environmental checklist and other. . information on file with the Development Services Center are available to the public upon request. :Yakima County is issuing the attached Prelirinary MDNS for comment. Mitigation measures in the Preliminary MDNS address Water (Ground and Surface Water) and • Transportation and Public Services Impacts. Other impacts (including compatibility issues) will be dealt with in the project decision. After all comments have been received and considered, a.: - final threshold determination will be made without an additional comment period. Request for Written Comment . . Your views on the proposal are welcome. Previous comments remain on file and do not need to. , . be resubmitted. Comments received by November 18, 2004 will be considered prior to issuing a final threshold determination. Please mail your comments to the Development Services Center, • . Room 417, County Courthouse, Yakima, WA. 98901. Be sure to reference PRJ2004 -00435 in. : your correspondence. If you have any questions, please call Carol Faith at 574 -2230. . • Encl.: Preliminary Mitigated Determination of Non - significance . . . G:\ USERS \Carolt\Subdivisions\Meadow View• \SEPA PRELIMINARY MDNS • . . . . DOC. INDEX if • Preliminary MITIGATED DETERMINATION OF NON - SIGNIFICANCE 1. Description of Proposal: Subdivide approximately 9.8 acres into 56 lots, in two phases, with a single - family common wall dwelling unit on each lot. The property is located within the Single - Family Residential (R -1) zoning district and urban growth area of Yakima. 2. Property Owner: Alvin Norman 624 S. 96 Avenue Yakima, WA 98908 3. Representative: Hordan Planning Services 4. Location of Proposal: The property is located on the west side of S. 80 Avenue, approximately 300 feet north of Nob Hill Boulevard and within the urban growth area of Yakima, WA. Tax Parcel #181330 -14012 5. Lead Agency: Yakima County Planning Department 6. File Numbers: PRJ2004 -00435 / SUB04 -91 / SEP 04 -040 7. Determination: The lead agency for this proposal has determined that it will not have a probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse impacts. This decision was made after a careful review of the completed environmental checklist, and other information on file with the lead agency. This information (including all environmental documentation) is available to the public on request and can be examined at our office during regular business hours. Environmental documents include: SEPA checklist, this preliminary threshold 'detelinination, and submittal materials. 8. Identified Environmental Impacts and Mitigation Measures: Substantive authority to require mitigation for significant and non - significant impacts is derived from WAC 197 -11 -660, Yakima County Code, Chapter 16.04.230 and, by reference, the policies contained in the Yakima County Comprehensive Plan. A. Water (Ground and Surface water) The property is located within the Wide Hollow Creek watershed, which has a history of being a flood prone basin. The parcel is very close to historic flood paths for Shaw Creek, a Type 3 stream which flows adjacent to S. 80 Avenue and along the east property line of the subject property. The creek may be elevated above the property and adjacent properties. Historic flooding from the creek along 80th Avenue, tends to leave the ditch, flood low -lying areas next to the ditch, and generally flows from North to South. Properties to the northwest have experienced floods that may come on site. Based on a variety of information, impacts to the development or adjacent properties will most likely result unless surface water is properly managed. Excavation, site development, road building, and subsequent lot use (lawn irrigation), needs to be done in a manner that drainage facilities and Shaw Creek, a Type 3 stream located adjacent to DOG. Meadow View Subdivision Page 2 S. 80 Avenue, are not negatively impacted by site development or result in increased stormwater runoff. Any improvements to S. 80 Avenue or alteration to the stream shall be consistent with Yakima County Critical Areas Ordinance, Chapter 16A YCC. Stormwater management needs to be done in order to minimize the potential for damage from inadequately managed stormwater. Grading and site development must be done in a way to avoid the potential for increased flooding in the area. Compliance with Yakima County Critical Areas Ordinance requirements will address impacts to the Type 3 stream. Mitigating Condition Al: A stormwater management plan meeting the following design standards must be submitted for review and approval by Yakima Co. Public Services prior to grading of the property or any road development: 1. Stomiwater retention or detention shall be provided. A professional engineer registered in the state of Washington shall design all drainage facilities and components. Drainage plans using best management practices and design requirements must be submitted to and approved by Yakima County Public Services Department prior to grading or plat development. 2. Post development stormwater flow rates and volumes shall not exceed predevelopment conditions for up to the 100 -year stoinn event because the plat is located within a flood prone basin. 3. A road drainage system must be enlarged to accommodate not only the runoff flows and volumes from the road surfaces but also 50% of the flows and volumes from the impervious areas, consisting of roofs, driveways, and sidewalks that have the • potential to release runoff into the road drainage systems. The assumption is that 22.5% (half of the 45% lot coverage standard) of the stogy uwater generated from any lot will find its way into the road stormwater systems. Mitigating Condition A2: Grading of the site for road building, stormwater management and building construction shall be done so that any overland flood flow of Shaw Creek through the property is not obstructed from crossing the property and re- entering the stream channel. Prior to site grading or road development, a grading plan must be submitted to the Yakima County Public Services Department for review and approval. B. Transportation and Public Services The proposed preliminary plat shows Phase 1 to include Lots 1 through 18, and Lots 39 through 56 for a total of 36 lots. Phase 2 will contain the remaining lots. The preliminary plat indicates the construction of a new interior road, "Westbrook Avenue" with future connections to the West and North. The subject property is bordered by the city limits on both the eastern and western property lines. S. 80 Avenue is a city - maintained street classified as a collector arterial and currently constructed without curb, gutter or sidewalks. The roads within the Cottonwood Grove development to the west would be city streets. The road within the subject property would be a county road. At the western end of Westbrook Avenue, the road is proposed to connect to a future phase of the Cottonwood Grove subdivision, which is currently being reviewed by the City of Yakima. Consideration of potential connection routes through this plat was made by the City of Yakima. The City concluded that the layout of the proposed road could DOC INDEX Meadow View Subdivision Page 3 adequately connect to the future roads to the west, but that the alignment may need to be shifted to match up to the future road to the west. The northern connection route, near the middle of the subdivision, is to vacant land with no pending development application that would allow for a connection road. The location and configuration of the northern route meets the turnaround standards of the Yakima Subdivision Ordinance and International Fire Code, 2003 Edition. To protect the occupants of the subdivision from problems relating to inadequate fire, life and safety provisions, the number of lots and the length of the dead end street are limited. Per Appendix D of the International Fire Code, only 30 residential units are generally allowed on a single access road. Exceptions may be made when all dwellings units are protected by approved sprinkler systems or when the Fire Marshall determines future development will provide connections. While the period of time is not specified in the exemption, the Fire Marshall must be satisfied that the timing of the future development is in the near future. Yakima County Subdivision Ord., Section 14.28.020 Yakima County Code (YCC) "Streets" item (n) states "Dead -end streets, designed to be so permanently, shall not be longer than three hundred feet and shall be provided at the closed end with a turnaround having an outside right -of -way diameter of at least one hundred feet." Assuming only a 50' frontage per lot, then a 300' maximum length would translate into upwards of 15 Lots. Per Transportation and Land Development, 2n Edition, published by the Institute • of Transportation Engineers, the suggested maximum for Cul -de Sacs. is 25 dwelling units. Per Planning for Street Connectivity, published by the American Planning Association, a summary of Cul -de -Sac requirements for 13 cities shows that Cul -de -Sacs are usually restricted to 200 to 300 feet. This would translate into upwards of 10 to 15 Lots assuming a 50 foot frontage. Section 14.52.060 YCC requires that a public road serve a development with over 16 lots which is similar to that required under YMC 12.06.090. Phase II of the development would serve 24 lots. • Per City of Yakima, upon development of the 56 -unit subdivision classified as a townhouse development per the International Traffic Engineers (ITE) Trip Generation Manual (7 Edition; 2003), an estimated 29.12 PM Peak traffic trips would be generated. Review of the existing capacity of arterial streets in the vicinity of the development found that reserve capacity exists to handle the increased traffic. Additionally, the City of Yakima identified that smaller families with fewer children tend to live in common wall units. However, as the increased traffic exceeds 10 PM Peak Hour Weekday Vehicle Trips review for compliance with the City of Yakima's• Transportation Concurrency Ordinance (Yakima Municipal Code (YMC) Title 12.08) is required. Chapter 12.01, YMC, Construction of Public Works Improvements, establishes requirements and standards for the design of public works improvements in conjunction with subdivision developments. As the proposed subdivision abuts and would access S. 80 Avenue, a city street, frontage improvements that meet current City standards for a Collector Arterial Roadway are required to serve the development. This includes 7 -foot wide sidewalk, and roadway cross section width of 24.5 feet from roadway centerline to back of the curb. An engineered design is required to be submitted to and approved by the City of Yakima, and construction made prior to final plat approval. In lieu of completing the improvements to S. 80 Avenue to city standards, prior to final plat DOC. INDEX /(.0 • Meadow View Subdivision Page 4 approval, a performance bond, a financial contribution to future improvements, or a valid deferment agreement may be considered and approved by the City of Yakima. Any additional right -of -way required will be a condition of preliminary plat approval. Mitigating Condition B1. Phase 1 can include a total 32 lots as shown on the preliminary site plan as Lots 1 -16 and Lots 41 -56, which will allow the lots to be developed adjacent to and easterly of the proposed northerly connection. This north/south road for future connection will also satisfy the requirement for a turnaround. Mitigating Condition B2. Phase II, consisting of Lots 17 -40, must be served with a minimum of two access connections. Prior to final plat approval for Phase II, a second access connection must be provided from a public road constructed to urban standards and approved by the Yakima County Public Services Department. Mitigating Condition B3. Prior to final plat approval, improvements to S. 80 Avenue as required by the City of Yakima, must be completed. In lieu of physical improvements, a performance bond, a financial contribution to future improvements, or a valid deferment agreement must be approved by the City of Yakima. 9. Comment / Appeal Period: This Preliminary MDNS is issued under WAC 197-11 - 340(2). The Lead Agency will not act on this proposal for 14 days from the date of issuance. You may submit comments on this proposal to the address below before 5 p.m. on November 18, 2004. 10. Yakima County Contact: For information on other issues relating to this proposal, contact Carol Faith, Senior Project Coordinator, at (509) 574 -2230. 11. SEPA Responsible Official: illft _A _ _ -\ EN ERICKSON 12. Position /Title: Planning Official /SEPA Responsible Official 12. Address: Room 417, Courthouse, Yakima, WA 98901 13. Date: November 4, 2004 G:\ USERS \Carol \Subdivisions\Meadow View \Meadow View Preliminary MDNS DOC. INDEX bbenson @ci.yakima.wa.us Original Message Ffom: dean.patterson @co.yakima.wa.us [ mailto: dean.patterson @co.yakima.wa.us] Sent: Thursday, September 30, 2004 10:53 AM To: graham.simon @co.yakima.wa.us; bbenson @ci.yakima.wa.us Subject: RE: Meadow View Sub - division case notes Bruce, does the City part below sound like the right way to go? Graham, here are my initial memories of the conversation. Do you remember anything more? While the stream is partially in City of Yakima jurisdiction, Bruce Benson would prefer to defer their stream crossing permit to a County stream crossing permit. Bill Hordan concurred. The City should provide a letter to that effect. The applicant should submit a request to that effect. Street improvement on 80th Avenue would not be required by the City, so moving or piping the stream would not be required. The street improvements needed for the subdivision's street that lie in the stream corridor need to be included in the CAO application. If yards are to be within the 50' stream buffer, an adjustment will be needed to reduce the buffer. Given the stream situation, an adjustment may be justified. Some improvements to the stream buffer will probably be needed, though that will depend on the specific site conditions. Dean G. Patterson Environmental and Natural Resources Manager 509 - 574 -2245 > Original Message > From: Graham Simon > Sent: Thursday, September 23, 2004 3:52 PM > To: Dean Patterson > Subject: Meadow View Sub - division case notes > Dean do you want to do the case note for Meadow View Sub - division or shoul > I attach some to tidemark. LOG IN DEX 2 Benson, Bruce From: dean.patterson@co.yakima.wa.us Sent: Thursday, September 30, 2004 3:01 PM To: bbenson @ci.yakima.wa.us Subject: RE: Meadow View Sub - division case notes Thanks, Bruce I really appreciate your consternation, because we go through the same thing all the time, My experience with Shaw Creek is mainly above Cottonwood Groves, where I have not ever seen it go dry (except for much higher in the drainage), though I don't pretend to be monitoring it constantly throughout the year. I wouldn't be surprised if it went dry below Cottonwood Groves due to the channel's artificial location. In general when a stream is dry for large parts of the year, it is considered intermittent, and would be classified as a Type 4 or 5 stream in the County. While this reduces the buffer in the CAO, it doesn't really get past the need for a permit review. I also understand your apprehension in the widening of 80th Ave. County Roads had been wrestling with what to do with 80th themselves until the City did the big annexation and removed the problem from their hands. The options they were thinking about, as far as I know, was similar to what they did with Tieton out past 96th: build a separate stream channel for it to occupy next to the road, separate from the road ditch; or relocate the stream away from the road to a better location. I guess City Engineering will need to figure it out now, probably with your help. I do know that WDFW will be looking at it closely. Good Luck! Dean G. Patterson Environmental and Natural Resources Manager 509 - 574 -2245 Original Message From: Benson, Bruce [mailto:bbenson @ci.yakima.wa.us] Sent: Thursday, September 30, 2004 1:58 PM To: 'dean.patterson @co.yakima.wa.us' Subject: RE: Meadow view Sub - division case notes Dean, Thank you for consulting with me on this issue. Our cross jurisdictional coordination is very important on projects, such as Mr. Norman's, that are located on or near the city limits. I will certainly provide a letter deferring the stream cropping permit to the County. I also concur with your conclusions and conditions as you have set them forth. However, largely because I did grow up in the west valley area, I still maintain my own reservations concerning the designation of the Shaw Ditch as a Type III stream. Someday, in the not too distant future, S 80th Avenue will need to be widened by the City and that will certainly require the movement of this "water feature." Hopefully, I will not come to regret my acquiesence on this issue. Bruce Benson Supervising Planner City of Yakima 509.575.6042 voice 0�, 509.575. 6105 fax INDEX 1 Y /� Ammemonynamianos./...N.spotmeosat porno.. ) Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: ORDINANCE NO. 2004-04 (Cottonwood Annexation — Effective 3- 21 -04) Grantor: Public Grantee: City of Yakima ABREVIATED LEGAL DESCRIPTION: All in the West Half of the Northeast Quarter AND the East Half of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., being further described in Exhibit B attached. Parcel Numbers: 181330 - 21004, 181330- 21005, 181330 - 12012, and 181330 -13002 1111 II 1111 111 11111111 113 7386345 Page : 1 of B 02/24/2004 9 YAK?MA MY rim f1R(t SP4 AA Yakima Co. WR D C. INDEX, �, i t • • ORDINANCE NO. 2004- 04 k. AN ORDINANCE concerning annexation; providing for annexation of certain property, commonly known as the Cottonwood Annexation, to the City of Yakima; maintenance of the current zoning of said area; notice to the Washington State Utilities and Transportation Commission of the City's intent to provide residential refuse collection and disposal service to said area; assumption of a share of the City's current indebtedness by properties in said area. • WHEREAS, on May 20, 2003, and pursuant to RCW 35.13.015, the City Council of the . City of Yakima passed Resolution No. R-2003-7'2, finding and declaring that the best interests and general welfare of the City of Yakima would be served by the annexation of certain unincorporated property, commonly known as the "Cottonwood Annexation "; and WHEREAS, the Cottonwood Annexation property is contiguous to the City of . Yakima and is in the Yakima Urban Growth Area; and WHEREAS, in passing Resolution No. R-2003-72, the City Council of the City of Yakima also resolved that the proposed Cottonwood Annexation would be submitted to an election by the residents of the area to be annexed and that the City would pay for all costs associated with said election as provided for by applicable law; and WHEREAS, in passing Resolution No. R- 2003 -72 the City Council of the City of Yakima also resolved that said election would require the Cottonwood Annexation to be "assessed and taxed at the same rate . and on the same basis as property of the City of Yakima is assessed and taxed to pay for all or any portion of existing outstanding indebtedness of the City of Yakima "; and • WHEREAS, on June 11, 2003, the City duly filed a notice of intention with the Washington State Boundary Review Board for Yakima County ( "BRB ") regarding the City's proposed Cottonwood Annexation; and WHEREAS, on or about July 17,2003, Yakima County Fire Protection District No. 12 requested that the BRB review the proposed Cottonwood Annexation; and WHEREAS, the BRB held public hearings regarding the annexation on September 5 _ and September 23, 2003, but made no decision and took no action on the proposed Cottonwood Annexation; and WHEREAS, as the BRB made no decision and took no action on the proposed Cottonwood Annexation, it was appropriate under RCW Chapter 36.93 for an election to be called and held on the proposed Cottonwood Annexation; and WHEREAS, on December 2, 2003, the City Council. passed Resolution R-2003-145 requesting that the Yakima County Auditor call and conduct a special election on. February 3, 2004, regarding the annexation of the Cottonwood Annexation; and WHEREAS, the Yakima County Auditor provided a certificate to the Yakima City Clerk of the February 3, 2004, election results demonstrating that the proposed Cottonwood Annexation was approved; and WHEREAS, garbage and refuse collection within the Cottonwood Annexation area is presently being provided by Yakima Waste Systems, Inc., under authority issued by the 1 7386345 � YAKIMA MTV f'I rpie nRn 104 AR Y ak i ma Co WR'23P L ) IND � 1 Washington Utilities and Transportation Commission ( "WUTC ") to both residential and commercial accounts, and the City desires to provide such services to residential accounts only in accordance with RCW 35.13.280; and WHEREAS, RCW 35.13.280 requires the City to grant Yakima Waste Systems, Inc., as the current WUTC- authorized provider of garbage and refuse collection and disposal service within the Cottonwood Annexation, a franchise to continue such. service to residential properties within Cottonwood Annexation for a term of not less than seven years after annexation becomes effective; and WHEREAS, RCW 35.13.280 requires the City to provide specific notice to the WUTC regarding the City's intent, pursuant to RCW 81.77.020, and subject to the provisions of RCW 35.1.3.280, to provide residential refuse collection and disposal service to the Cottonwood Annexation; and • WHEREAS, pursuant to due and legal notice, the City Council held a public hearing . on the Cottonwood Annexation on February 17, 2004; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA, WASHINGTON: Section 1.. The area shown as the Cottonwood Annexation on attached Exhibit "A," and Legally described in attached Exhibit "B," both of which exhibits are incorporated by reference, is annexed to the City of Yakima, Washington. Section 2. The real property within the Cottonwood Annexation shall be assessed and taxed at the same rate and on the same basis as property of the City of Yakima is assessed and taxed to pay for all or any portion of existing outstanding indebtedness of the City of Yakima: Section 3. The Cottonwood Annexation has been and shall remain subject to the Urban Area Zoning Ordinance and the Yakima Urban Area Comprehensive Plan pursuant to agreements and shared policies of the City of Yakima and Yakima County. The zoning classifications of properties within the Cottonwood Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending rezone application proceedings, remain ' as they appear on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the Yakima County Planning Department. However, the next regularly amended Zoning District Map prepared by and for the City of Yakima shall .show the Cottonwood Annexation area within the jurisdiction of the City of Yakima. Similarly, future land use designations of properties within the Cottonwood Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending comprehensive plan amendment proceedings, remain as they appear shown' in the Yakima Urban Area Comprehensive Plan. Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington, and to transmit a certified copy of this ordinance to the Washington Utilities and Transportation Commission to-notify it of the City's intent, pursuant to RCW 81.77.020, and subject to the provisions of RCW 35.13.280, to provide residential refuse collection and disposal service to the Cottonwood Annexation axea. • 7386345 Page: 3 of 6 2 02124/2664 62:23P YAKTMA MTV ri rate r;)4 AA Yakima Cp�, . INDEX I : • i Section 5. The City Clerk is hereby authorized and directed to provide, as required by . RCW 35.13270, notification, by certified _ mail, that includes a list of the Assessor's Tax Parcel numbers of all properties within the Cottonwood Annexation, to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. - Section 6. There is hereby granted to Yakima Waste Systems, Inc., in accordance with and for the term provided by RCW 35.13.280, an exclusive franchise to provide garbage and refuse collection and disposal service to residential properties within the Cottonwood Annexation area, in accordance with the specific terms of Ordinance Nos. 3220 and 3445 of the City of Yakima and in. accordance with the terms of the Franchise Agreement attached to Ordinance No. 3220 (amended by Ordinance No. 3445) of the City of Yakima. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service. The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc.,. shall, under its WUTC authority, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in. the Cottonwood Annexation area. Section 7. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and si ed and approved this 17th day of February, 2004. . ' . (Y Q . Paul P. George, Mayor Ail EST: City Clerk m Lot Publication Date: 2 - 20 - 2004 • ,t, • Effective Date: 3 - 21 - 2004 f rtia2} Section 6 above is accepted by Franchisee this l c day of ri v , 2004. • a Yakima Waste Systems, Inc. By: .=S 4 Signer's Name Printed: - / 70 • Signer's Title: ,,r °,ri!►%ir , - ' Certified to be a true and correct copy of the . : , } * .' t �-� ix original filed in my office. 3 - i r CITY CLERIC 1 „ t r • � M ,_ .. t ''a. - * .► , t•- By th., ).<3 E - pepwy ° .. V Ht t; G \ ' :: ....„.... 3 DOC. INDEX -H X3aNI .... _ __..__.._....... ...... ._..._ ._.- __.._.. _.._.. _ _.____.._....___ _._._..._. UM '0J ew!le�, tlN V UtlU Atli 1.1 /1,1.1J bI'1L A aea ae tieea/I'2/ . 9 3o S :ab 5 bE98EL • R . NNt j1 Home- .. • '!r • • . s! j. . • j --- 1 _............ ,...... ' Mill dililil ��r ! ;fit .■ i att. i•fft r limn. . in a r �� is Iii O - 111 92N ./ •IOi • NI::i . ;III ill.. : fill .i :.t! .11 �: i f � �!■ • v ; 14i.. ;I,, . �i I ' �i. � 1 . • 1 • , i t l FF i �� :i I i 1 I:I, I lam, • L, II lit , .. ; 1 ,t. , MUM 1111.111 il • • 1 4, ' X 1 1 . 1 : _ I I i ! : l :1 .. ! .. 1' t '. 1 � �� a VP ,143.1 II � ,iif ..1. I li Ill II1 11.I..1 Itaj 'i • 1i- r).;:,. [,1 ! oil'i1 I.Ir :1 .f f _- •lr.i II " .;,. • vital , -'�II III. Illf i '� It1i1l 8: 11:ii:41 !i,1 1 . . 1 �u....uf �� � �: � �` ' � . Eli • • �jA i�.Y B - 0' K A r i !IL1. .. i! ,11 / � �1. d "" -7-q • - • ER'" a rl" ..` ! 1L* ■IIf1 k. N` x i • • • a ' * - ri I: i ? • . .'a n n• a i f ,1 • • LEGAL DES"CR'TIONTOR TTY" ' • • COTTONWOOD ANNEXATION • • • • • All in the West Half of the Northeast Quarter AND the last Half of the Northwest Quarter of • Section 30, Township 13 North, Range 18 East, W.M., being further described as follows: Beginning at the point of intersection of the South right -of -way line of Tieton Drive and the East line of the Yakima Valley Canal; thence Southerly and Westerly along the East line of said canal to the West line of the Northwest Quarter of Section 30; thence South following along the subdivision line to the North line of the Southeast Quarter of the .Northeast Quarter of the Northwest Quarter, thence West following along the subdivision line to the West line of the East • Half of the Northeast Quarter, thence South along the subdivision line to the South line of the Northeast Quarter of the Northwest quarter, ;thence West along the subdivision line to the West line of the East Half of the Northwest Quarter, thence South along the subdivision line to the • • South line of the Northwest Quarter; thence East along the East/West centerline of Section 30 to the East line of the West Half of the Northeast .corner, thence North following along the subdivision line to the North line of the Southwest Quarter of the Northeast Quarter thence West along the subdivision line to a point on the East line of Lot `B ", Short Plat J-44; thence South along said East line to the Southeast comer of said Lot "B "; thence West to the Southwest corner of said Lot "B" also known as the West line of the East Half of the Northwest Quarter of the Northeast Quarter; thence North along the subdivision line to the South right -of -way line of Tieton Drive; thence Westerly along the South line ofTieton Drive to the point of beginning. • EXCEPT, the West 528.50 feet of the Southeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., EXCEPT the North 60 feet thereof • • YAKIMA COUNTY PUBLIC .WORKS DEPARTMENT • • • . Checked for Accuracy of Legal Description Only: • • Ati '� • • Ja• . M.A. '.o, SR/WA Ri • t-o • ay Manager • • • • EXHIBIT B T B_ 7386345 92/24/2094 82.23P v vTMA nRn 04 AA Yakima Co, IA - .... __.__.__ DOC. INDEX` ( LI WHEN RECORDED RETURN TO: James K. Adams Wagner, Luloff& Adams, PLLC 110 North 5` Avenue, Suite 200 Yakima, WA 98902 TO }'i ::t`a'i.L. L i 1: `rCtCC- TAX EA !� 1V-C43 GRANT OF TEMPORARY EASEMENT Grantor: "What The Hay, LLC ", a Washington limited liability company Grantee: RC Development II, LLC, a Washington limited liability company Legal Descr. (abbr): SW1 /4, NE1 /4, S30, T13N, R18 EWM Parcel Nos.: Affecting portions of 181330 -13003 and 181330 -12013 The Grantor, "What The Hay ", LLC, a Washington limited liability company, grants to RC Development II, LLC, a Washington limited liability company, its successors and assigns, Grantee, a temporary easement for the passage of surface water run -off onto the property described below located in the Southwest quarter of the Northeast quarter of Section 30, Township 13 North, Range 18, EWM: Beginning at the Northeast comer of said subdivision; Thence South 0 °22'35" West along the East line thereof 273.01 feet; Thence South 89 °57'18" West 66.66 feet to the True Point of Beginning; Thence continuing South 89°5T18" West 100.00 feet; Thence South 0 °02'42" East 100.00 feet; Thence North 89 °57'18" East 100.00 feet; Thence North 0 °02'42" West 100.00 feet to the True Point of Beginning. Situated in Yakima County, Washington. Portion of Yakima County Assessor's Parcel No. 181330 - 13003. Wagner, Luloff & Adams Attorneys Al Law A PROFESSIONAL LIMITED LIABILITY COMPANY 110 N. Fifth Ave., Suite 200 Yakima, WA 98902 Tel. (509 )248 -5010 1 - GRANT OF TEMPORARY EASEMENT Fax (509) 248 -4970 wLA @WLA1aw.org; 3111 1111111111111111111111111111 7365234 Paget 1 of a DOC. 10/14/2983 11' 22f1 RC DEVELOPtIENT LAS !28.89 Yakima Co, WA ' f" R • } , Said easement is to allow for the temporary passage of surface water run -off from the plat of "Cottonwood Grove, Phases 1 & 2 ", and shall automatically terminate and cease to exist at such time as South 85 Avenue in said plat is extended southerly. No consideration is received for this Grant of Temporary Easement. DATED this day of September, 2003. "WHAT THE HAY ", LLC: RICHARD C. HOCHREIN, Member JAMES MURPHY, Member STATE OF WASHINGTON ) }: ss. COUNTY OF YAKIMA ) Cc'[b 8e On this f `� day of September, 2003, before me, the undersigned Notary Public in and for the state of Washington, duly comma:• =''r , personally appeared Richard C. Hochrein, to me known to be a Member of "What Th - ' Q 4 . , ted the foregoing instrument, and acknowledged the said instrument to be the free and volu n'/ 'N 'corporation, for the uses and purposes therein mentioned, and on oath stated that he is aut ri to execute thy.. id ii trument. t j *l OTA rr( WITNES : 3 hanntffimial se 1 .. tic eto affixed the day and year first above written. K -_ .),$s ).6 1St 2 � Op RYA SOT' NOTARY PU IC My a pointment expires: /0 STATE OF WASHINGTON ) h. 1.0at - oV }: ss. / COUNTY OF YAKIMA ) On this _ day of September, 2003, before me, the undersigned Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared James Murphy, to me known to be a Member of "What The Hay ", LLC, that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My appointment expires: Wagner, Luloff & Adams Attorneys At Law A PROFESSIONAL LIMITED LIABILITY COMPANY 110 N. Fifth Ave., Suite 200 Yakima, WA 98902 Tel. (509 )248 -5010 2 - GRANT OF TEMPORARY EASEMENT Fax (509) 248 -4970 WLA©WLAlaw.org 7365234 DOC. Paget a or 2 INDEX 10/1412883 111228 RC DEVELOPMENT EfiS Jae. , , Yakiao Co, WR /-1-1 C .766, e — oZ 11 /3 BOARD OF YAKIMA COUNTY COMMISSIONERS IN THE MATTER OF APPROVING THE PRELIMINARY PLAT APPLICATION ) RESOLUTION 227 -2001 ) KNOWN AS "COTTONWOOD GROVE" AND DENYING THE SEPA APPEAL OF County No. SUB 99 -109 THE SHAW CREEK CONSERVATION ASSOCIATION )FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This is a master application to subdivide and develo by located on the south side of Tieton Drive, 300 feet east of the property for residential uses e intersection of South 88 Avenue in the West Valley area. The master application includes two components, p ts, a preliminary plat and a Class 2 application to locate common wall units on some of the lots. A SEPA appeal of the Mitigated Determination of Nonsignificance (MDNS) issued by the County official for the master application was filed by The SEPA responsible Y Shaw Creek Association. The Yakima County Hearings Examiner conducted an open record u p blic hearing on the master application and SEPA appeal on May 10, 2000, and November 8 2000. The Examiner issued a memorandum opinion on June 26, 2000. Subsequently, the developer relocated the common wall units and submitted additional information concern' proposed mg flooding. The Hearing Examiner issued his written decision recommending approval of the master application and denying the SEPA appeal on March 7, 2001. The Shaw Creek Conservation Association timely appealed the Hearing Examiner's SEPA decision on March 23, 2001. The Board of County Commissioners considered the Hearing Examiner's recommendation and the SEPA appeal at a closed record public-hearing held on-A -p l 1- and April 17, 2001. The Board issued its oral decision approving the master application and denying the SEPA appeal on pp April 17, 2001. Findings, Conclusions & Decision - 1 INDEX t Cottonwood Grove, SUB 99 -109 DOG. SUMMARY OF DECISION The SEPA appeal is denied. The Mitigated Determination of Nonsignificance (MDNS) issued by the SEPA responsible official is affirmed. The masts application is approved subject to conditions. After review of the site and consideration of the matters contained in the official record, including staff reports, a review of both the Urban Area Comprehensive Plan and the Urban Area Zoning Ordinance, the Examiner's recommendation on the master application and decision on the SEPA appeal, and from the arguments received at the closed record hearing, the Board makes the following FINDINGS 1. Adoption of Examiner's Findings: The Board hereby adopts by reference the following findings of the Hearing Examiner in the Examiner's Decision and Recommendation dated March 2001, and contained on pages 1 through 11: • 1. Applicant and Property Owner 2. SEPA Appellant 3. Location 4. Application and Appeal 5. Current Zoning and Use 5.1 Zoning 5.2 Property Characteristics 5.3 Neighboring Properties 6. Original Project Descri tion 7. File History 8. Memorandum Opinion 9. Revised Site Plan 10. Significant Issues 10.1 Common Wall Units � 10.2 Shaw Creek Buffer 10.3 Flooding and Storm Drainage 10.4 Northern Wetland Findings, Conclusions & Decision - 2 DOC. Cottonwood Grove, SUB 99 -109 INDEX # (01-, 10.5 Traffic 10.6 Phased Review p 11. Public Notice Based on the foregoing Findings, the Board makes the following: CONCLUSIONS 1. The Board has jurisdiction. 2. The decision of the County SEPA responsible official to issue a Mitigated Determination of Nonsignificance (MDNS) in connection with the proposed plat is not clearly erroneous and should be affirmed. 3. The proposed master application as conditioned, conforms with the goals and policies of the Yakima Urban Area Comprehensive Plan, the intent of the Yakima Urban Area Zoning Ordinance, the provisions of the Yakima County Subdivision Ordinance, Title 14, and will serve the public use and interests subject to the conditions set forth below. 4. As conditioned, adequate provisions have been made for all the factors listed in RCW 58.17.110. Based upon the foregoing Findings and Conclusions, the Board now makes the following: DECISION SEPA Appeal The SEPA appeal is denied. The decision of the Yakima County responsible official to tAtk issue a Mitigated Determination of Nonsignificance (MDNS) is affirmd . Master Application The master application is approved subject to the following conditions: A. Critical Area Setbacks and Protections Findings, Conclusions & Decision - 3 DOC. Cottonwood Grove, SUB 99 -109 I NDEX .`^° 9 f The Type 3 stream (known as Shaw Creek or Shaw Ditch) on this ro p perty supports fish and is protected by the Yakima County Critical Areas Ordinance (YCC 1 6A.04.02). The items listed below are required unless modifications are made to the stream to reestablish a natural stream corridor in another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues, and lots may be reconfigured gored (i) Generally, a 50 -foot wide building setback and vegetative buffer is required ■ from the ordinary high water mark on either side of the stream. However, to accommodate variations in the adjacent topography (the north stream bank is steeper than the sou may be modified to be wider on one side than the other . At no south), the buffer point will the buffer be less than 25 feet from the ordinary high water mark. The buffers' widths for both sides of the stream must pv '�� add up to 100 feet or more. (ii) The stream corridor through the property shall be restored through reconstruction onstruction of the channel to a more natural form and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross- section shown on the Ditch Management and Protection Zone drawing provided by the applicant (see Exhibit B of MDNS ). The reconstruction shall be accomplished such that the channel is returned to its current configuration g anon prior to leaving the property, and structural measures provided to maintain the transition. The revegetation should be performed using the recomme motions in -thy Departrnent and Wildlife letter of December 20, 1999 (see Exhibit C of MDNS (iii) Prior to final plat approval, Critical Areas Development Permits from Yakima County shall be obtained for the proposed stream crossing for S. 88 Avenue as extended xtended in the future) and the utilities, for the stream corridor restoration work, and to modify Findings, Conclusions & Decision - 4 the Vegetative Cottonwood Grove, SUE 99- 109 INDEX buffer widths. All permits that may be required by other agencies e. . Dept. pt. of Ecology, Dept., -' of Fish & Wildlife, Corps of Engineers) must also be obtained. Environmental review of detail �� r. of the critical areas work is adequately covered in the review of the critical area pennit. (iv) The final platting and critical areas permitting processes shall ensure that the tp' vegetative buffer is effectively protected, perhaps utilizin: fences and either space open s P P easements or land ownership that is held in common or held by a conservation organization. B. Stormwater and Drainage Control Pi storm water and drainage control plan shall be provided for the entire property prior 2. p rtyp to construction of improvements for any area of the development. The plan shall: (i) Be developed by a licensed professional engineer in consultation with the Planning and Public Works Departments. (ii) Provide for separation of storm water and floodwater, where applicable. (iii) Provide on -site retention and treatment of the increased storm water runoff generated by both residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. (iv) Use a 25 -year design storm. Pa y (v) Use runoff coefficients that appropriately estimate runoff from impervious surfaces, residential lawns (generally less pervious than agricultural fields), etc . (vi) Provide the locati_on, descript on, -and design- afwater management structures (drainage swales, retention ponds, dry wells, etc.). C. Grading Plan A Grading Plan shall be submitted for the entire property prior to construction of improvements --+ Findings, Conclusions & Decision - 5 � DOC Cottonwood Grove, SUB 99 -109 INDEX for any area of the development. The plan shall: (i) Include the design and construction of the water management structures needed to meet the storm water and drainage control requirements. (ii) Include provisions to meet flood protection requirements. (iii)Include all proposed modifications to the Type 3 stream and associated buffer. (iv) Include methods to control dust consistent with the Yakima County Clean Air Authority standards. (v) Include strategies to deal with the soil limitations listed in the NRCS soil survey for Yakima County, or demonstrate why the limitations do not apply. Of particular interest are wind and water erodability and potential hardpan limitations. The strategies should include phasing or similar methods to limit the amount of exposed soils at one time. (vi) Exclude material from the stream corridor and any associated buffer, except as approved through a Critical Areas Development Permit. Excess material excavated from the project area south of the stream may be used to make necessary grade clj anges north of the stream. D. Traffic (i) A left-turn storage pocket for the Tieton Drive / 87th Avenue intersection shall be provided as specified by the County Engineer. If the improvements are constructed as part of a County roa _ _ Coun ty cl de shall -- contribute - funds -equa t he cost of improvements. (ii) Additional right -of -way shall be dedicated such that the total width of right -of -way is 35 feet from the centerline of Tieton Drive in order to accommodate the turn pocket and fill slopes. Phasing: DOE Findings, Conclusions & Decision - 6 Cottonwood Grove, SUB 99 -109 INDEX 1. The project may be completed in two phases as proposed, or as one phase. If the project is phased, then the conditions listed herein apply according to what phase they are located in. The first phase may be completed and recorded without the conditions that apply to the second phase being completed. Critical Area Protection: 2. The required buffer area of Shaw Creek shall be planted with native vegetation in accordance with the specifications of the MDNS prior to final plat approval. 3. Prior to final plat approval, a 6' high fence shall be installed along the north and ~" t 7 te-F south boundaries of the Shaw Creek critical area buffers. Additional Stormwater Requirement: 4. In addition to the MDNS requirements relating to storm water control, the location of the storm water control and retention facilities shall adequately consider and provide separation from Shaw Creek, so as to reasonably avoid contamination of the creek either by surface flow of storm water (25 -year event or smaller) or subsurface movement of contaminants. For example, storm water shall not be collected and sent to a location 10 -feet from Shaw Creek. Multiple storm water collection and retention systems may be needed on the hillside above the creek, rather than one large system, or possibly all of the storm water north of Shaw Creek could be collected and piped to the south portion of the plat for retention. The details will need to be - - - included in he- st-omi— water drainage plaair, which - i-fa er ou rained in the MDNS. -- Streets: 5. After the necessary grading permits, critical area authorizations, and other road related authorizations are obtained, the interior roadways shall be constructed to the following County standards: Findings, Conclusions & Decision - 7 DOC Cottonwood Grove, SUB 99 -109 INDEX Public Road Name Standard Road Section lit Right -of -way 88t Avenue No. 2 (Urban Collector Arterial) 70' 87 /MacLaren, N. of Shaw Cr. No. 2 (Urban Collector Arterial) 60' Midvale Road No. 4 (Urban Access) 50'* All other interior roads No. 4 (Urban Access) 50'* *Provided the road improvements fit within a 50' right -of -way. 6. The roadways shall include all improvements indicated in the attached roadway sections, including curb and gutter, sidewalk on one side of the streets, and streetlights spaced according to the County standard. Barrier curb and gutter shall be used along 88th, MacLaren, Midvale and that portion of 87 that is north of Shaw Creek. Rolled curb may be used on all of the other streets; however, if the road connects to any other road that has barrier curb, the barrier curb must be extended around the curb radius. A gradual transition shall be made at all locations where the barrier curbing and rolled curbing meet. The sidewalk locations shown on the preliminary plat meet the standard, with the exception of a missing segment on the east side of the northern stubout of 88t Avenue, which also must be provided. Sidewalks at all driveways and along all rolled curb shall be at least 6" thick. All other segments of sidewalk need only be 4" thick. Handicap ramps shall be provided in all sidewalks at intersection corners. — Tire - county standard for streetligh s istolocate them at affintersections and at the ends of all cul -de -sacs. Additional streetlights are required so that spacing between streetlights does not exceed 330 feet. The light fixtures shall be shielded using a method acceptable to the County Engineer in order to direct light downward onto the street system, thereby minimizing light impacts to the neighborhood. DOC, Findings, Conclusions & Decision - 8 INDEX Cottonwood Grove, SUB 99 -109 • 7. Road right -of -way shall be dedicated for all of the roadways as specified in the table in Condition #7 above. Right -of -way for minimum 30 ft. by 30 ft. sight triangles shall also be dedicated at the intersection of 87th Avenue and Tieton Drive. At all other intersections the lot corners shall be held back to provide an adequate sight - distance area (using a radius determined by Public Works), or the standard 30' by 30' sight triangles can be dedicated. 8. The narrow strip of land running out to S. 80 Avenue (apparently 16 feet s wide), shall be dedicated as public road right of -way. • 9. The plans for the roadways must be prepared by the applicant's Licensed t Professional Engineer and reviewed and approved by the County Engineer prior to roadway construction. These plans must incorporate provisions for on -site storm water retention facilities for all surface runoff water generated within the plat, as further outlined in the MDNS. It must also take into account the widening of Tieton Drive, including the turn lane identified in the MDNS. 10. A 1.0' wide slope and utility easement shall be provided along the south edge of the Tieton Drive right -of -way that is being dedicated. 11. The developer must arrange a pre - construction conference prior to any road or utility construction within the existing and proposed right -of -way. An inspector from Public Works will inspect the actual road, bridge, and utility construction within the public right -of- way. ------- - - - - -- - 12. The developer shall submit road name applications for the streets within the plat. � The road names must be reviewed and approved by Public Works prior to plat approval. Road signs are required for this development. The road sign(s) will be installed by Public Works prior DOG. Findings, Conclusions & Decision - 9 INDEX Cottonwood Grove, SUB 99 -109 to acceptance of the road and all costs associated with supplying and installing the signs must be reimbursed to Yakima County by the developer. 13. A temporary end -of -road barricade meeting the requirements of the Public Works Department must be installed at the east end of the Midvale Road stub out. Additional temporary barricades shall be provided at the end of each stubout and the south boundary of Phase I, unless determined otherwise by the County Engineer. The barricades may be removed by the County at their discretion, without prior. notice. Utilities: 14. All lots shall be served with public water from the Nob Hill Water Association. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final j" Ltlr plat approval, written verification from Nob Hill Water must be submitted to the Plannin Department indicating that all construction necessary to provide the lots with domestic water has been completed and all associated fees have been paid. Be sure to coordinate the connection into Tieton Drive with the County so that it occurs before or as part of the Tieton Drive road improvements. 15. All lots shall be provided with public sewer service from the Yakima Regional sewer system. No individual septic systems or other sewage disposal methods will be allowed for any o tT hese lots. Prior to final plat approval, written verification from the City of Yakima Engineering Department must be submitted to the Planning Department indicating that all construction necessary to provide the lots with public sewer service has been completed and all associated fees have been paid. DOC. Findings, Conclusions & Decision - 10 INDEX Cottonwood Grove, SUB 99 -109 16. Minimum l0 -foot wide public utility easements must be provided adjacent to all public road right -of -way, and as specified by the utility providers. 17. All public and private utilities shall be located underground, with the exception of the standard telephone box, transmission box, and similar structures. 18. All public and private utilities located within public road right -of -way must be • constructed prior to commencement of roadway construction. Detailed plans for all proposed utilities to be located within public road right -of -way must be submitted to the Public Works Department for review and approval prior to utility construction. The owner's signature on special permits or franchise agreements may be required prior to utility construction. Miscellaneous: 19. The broken pipe /wetland situation at the north end of the property shall be fixed prior to any physical development of the site. 20. Fire hydrants shall be placed at the locations and to the specifications required bye / �' the Yakima County Fire Marshall. The lots must be provided with adequate fire flow, in accordance with the adopted fire code, prior to final plat approval. 21. Final lot dimensions and areas shall substantially conform to the preliminary plat, except as follows: The northern 88 Avenue stub - out shall be modified as follows: 1) Shorten the right -of -way and accompanying roadway so that it ends where the curb radius around Lot 1 -9 terminates at its north end. DOC. Findings, Conclusions & Decision - 11 INDEX Cottonwood Grove, SUB 99 -109 # 2) Expand Lots 1 -9 and 1 -10 to incorporate the area of the eliminated right of way, and in a manner that the common boundary between the lots is located on the previous road centerline. 3) Maintain a 60' building setback from the common boundary of expanded Lots 1 -9 and 1 -10, which shall be shown on the final plat i 4) Remove the projected road centerline. The removal of the 88 Avenue stub -out from the plat shall not eliminate the requirement that the grade of 88 Avenue be designed to allow for future extension of the roadway to Tieton Drive. • 22. The developer shall contact the State Department of Ecology to determine if a Baseline General permit for Storm Water Discharges will be necessary for this development. —' Application should be made at least 30 days prior to commencement of construction activity. 23. A method of dust control during the construction phases shall be submitted to, and approved by, the Clean Air Authority. A written copy of their approval must be submitted to the ()LA (A .„.-,t)- . Planning Department prior to construction work of any kind. The developer must designate a responsible party for contacts during working hours regarding alleged air quality violations. 24. Measures such as temporary ponding, silt fencing, etc. shall be used as necessary during construction to prevent erosion. 25. Monuments must be placed at street intersections and curvature points as 6 specified Yakima Cout e__§_ L4_3_2_020,- The-nionuments-must-be-proteeted-breases-and covers as approved by the County Engineer. Plat Notes: ht DOG. Findings, Conclusions & Decision - 12 INDEX i Cottonwood Grove, SUB 99 -109 ' 26. The lots shall be subject to the following notes, which mu,* be placed on the face of the plat: a. Access for all comer lots shall be onto the street with the lower classification, unless otherwise authorized by the County Engineer. Generally, the streets within this plat are classified from highest to lowest in the following order: 88` Avenue, MacLaren Avenue, 87 Avenue (north section), Midvale Road, 87 Avenue (south section), and all other roads after that. b. Sitescreening Standard `A', or a higher sitescreening standard (See YCC 15A.07) shall be installed along all exterior property lines that separate common wall units within the plat from adjoining lots that contain single - family residences. The sitescreening shall be installed along the entire property line of the common wall lots prior to issuance of the building permits for the common wall units. c. Those portions of this plat along Shaw Creek are subject to the Yakima County Critical Areas Ordinance. A building setback & vegetative buffer must be maintained from the ordinary high water mark of Shaw Creek, as indicated on the plat. No fences, structures, or other development is permitted within the buffer area (other than the road and utility crossings allowed at initial construction of this development), as it is to be maintained in a natural state. Other special development standards may apply, and permits may be required for certain types of development. Infoimation may be obtained from the Yakima County Planning DOC. Findings, Conclusions &.Decision - 13 INDEX Cottonwood Grove, SUB 99 -109 Department. This restriction applies while Shaw Creek remains classified as a critical area. d. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on -site. The storm water calculations and facilities for this plat have been designed based on a specific amount of impervious surface. Additional impervious surface beyond the 45% maximum lot coverage specified by the zoning ordinance will not be authorized through the administrative adjustment process (YCC 15A.10). cif e. Yakima County has in place an urban and rural addressing system. Street names and numbers for lots within this plat are issued by the Yakima County Public Works Department upon issuance of an approved Building Permit. Timing: 27. Prior to recording the final plat or issuance of building permits, either: a. All required plat improvements, i.e. streets, sidewalks, utilities and drainage facilities must be in place; or, b. An escrow account established or a bond provided in an amount and with conditions acceptable to the County Engineer to assure installation of all remaining required improvements. If the developer elects to escrow or bond for the required roadway improvements, and fails to complete these improvements in the time specified in the escrow or bond agreement, the DOC. ' Findings, Conclusions & Decision - 14 INDEX Cottonwood Grove, SUB 99 -109 �1]�X County Engineer shall have the authority to suspend issuance of building or occupancy permits until the required road and drainage improvements are accepted as satisfactorily completed. The County Engineer may issue building permits on a lot -by -lot basis when it is determined that building construction will not interfere with utility and roadway construction. 28. Immediately prior to submittal of the final plat application, all property taxes and special assessments for the entire tax year must be paid. February 15` is the cutoff for when the hi next year's taxes would have to be paid. 29. The total project must be completed and the final plat submitted within the maximum five year time period pursuant to RCW 58.17.140. Done this F LL. f Ma 2001. Y Y� le ��- J 4 0 �� • / M. Lewis ' .� ¢ OF Wq . G � .� r • i ,t?: .4 y / ; 1� + o �. y Attest: : o ). , / /f, ,?6,"..... Jesse S. Palacios, Commissioner i'S o ``` , \, I &I. C / ,..,....a - _.....c,..1 - arla Rodriguez 0 / Ronald F. Gamache, Commissioner Deputy Clerk of the Board Constituting the Board of County Commissioners for Yakima County, Washington DOC. Findings, Conclusions & Decision - 15 INDEX Cottonwood Grove, SUB 99 -109 # Iy. OFFICE OF THE HEARING EXAMINER YAKIMA COUNTY, WASHINGTON In Re: ) Master Application ) FILE NOS. SUB 99 -109 of ) CUP 99 -81 SUMMIT CREST CONSTRUCTION ) SEP 99-36 • for ) "COTTONWOOD GROVE" ) DECLARATION OF DENNIS E. COVELL 1, Dennis E. Covell, declare: 1. I am a professional civil engineer licensed with the State of Washington. 1 am intimately familiar with the proposed Cottonwood Grove project and have ovided p Hydraulic Analysis and design for the development. 2. My professional experience has included substantial experience as professional engineer for municipalities and individual property owners. This experience includes fifteen (15) years as Director of Engineering and Utilities - City of Yakima (1980- 1995); five (5) years as City Engineer - City of Richland (1975- 1980); and eleven (11) years as engineer - State of Washington, Department of Highways - District 5 (now South Central Region - WSDOT). I am currently associated with the engineering firm of Gray & Osborne, Inc. 3. I have had an opportunity to review Shaw Creek Conservation Association's Response to Issues Raised at Re- Opened Public Hearing: Declaration of Hilary Franz; letter from Kenneth C. Mitchell dated November 27, 2000; letter from Ted Olsen, Department of Ecology at Floodplain Management dated November 20, 2000; and draft copy of Spokane County Stormwater Guidelines, Chapter 4. DECLARATION OF DENNIS E. COVELL - JCCC: \DATA\ZON ING \rch.dec.wpd pp DOG. Exhibit _._%�. INDEX ILLA Page / r s 4. As Director of Engineering and Utilities for -City of Yakima, 1 coordinated development of the Yakima Metropolitan Drainage Criteria and Design Manual as well as the Yakima Stormwater Management Plan. The Drainage Criteria and Design Manual were adopted in 1994 as a product of a consultant study costing in excess of $300,000. The criteria has been utilized regularly for guidance and study of both public and private projects within the Urban Area of Yakima. In my experience, these guides have provided a basis for the exercise of sound engineering judgment. It is with this background, training and experience that I have analyzed the Cottonwood Grove project. 5. The Shaw Creek Conservation Association has provided a variety of comments upon Hydraulic Analysis and flood issues pertaining to the proposed subdivision. The comments are based upon incomplete information or understanding of the analysis, speculation, and a failure to understand the engineering and design of the project. 1 will try to clarify these points. 6. It is my intention to provide responses to arguments and assertions raised in the submittals by Shaw Creek Conservation Association. The assertion will be identified and my comments to follow the statement. 7. Shaw Creek Comment,.II.A. "The Hydraulic Analysis Fails to Resolve the Significant Environmental Impacts of the Development on Flooding. Shaw Creek Response (pages 2 -4). Response: This contention is premised upon the misplaced and incorrect assumption that "the Hydraulic Analysis proposes increasing the size of an on -site stream channel as a means of resolving flooding issues for all of Shaw Creek." The carrying capacity of Shaw Creek on site was expanded at the direction of Yakima County to provide a design capacity for carrying anticipated water flow from the area. By way of analogy, the on -site improvement was similar to building a new on -site road segment which is a part of an otherwise deficient road system. The off -site segments of Shaw Creed remain insufficient to carry all water. That is why there is upstream flooding -.Shaw Creek (as currently configured) does not have a capacity to carry all overland flow. DECLARATION OF DENNIS E. COVELL - 2 JCCC: \DATA\ZON IN G \rch.dec.wpd DOC. INDEX • • The on -site stream channel reconfiguration was not intended to resolve flooding issues. It was intended to convey water in Shaw Creek through the plat as well as provided a design capacity to handle all water if other portions of Shaw Creek are redesigned to provide full capacity at some time in the future. As indicated in the public hearing and Hydraulic Analysis, Shaw Creek is undersized to convey anticipated waterflow reaching this geographic area. The projected overland flow is calculated to be 194.6 cfs. Shaw Creek has a current flow capacity of 47 cfs. The incapacity results in overland sheet flow at various points on and off of the subject property. The channel configuration and capacity on -site will eliminate any over -land sheet flow from the channel on site (i.e., flow capacity on -site is 262.5 cfs). It will not, however, resolve channel incapacities either to the west or east of the site. There will be no stream overflow on site. Overland sheet flow that occurs to the west of the plat will continue to occur because Shaw Creek continues to provide insufficient carrying capacity. A significant portion of this overland sheet flow will pass to the south of the plat. Design considerations, such as grassy swaleswill minimize any flooding that occurs on the plat. In no event, however, will overland sheet flow be collected and deposited upon adjoining properties. Kenneth C. Mitchell incorrectly asserts that the Hydraulic Analysis deals only with a drainage basin of 75 acres in size. The Hydraulic Analysis of drainage flow contained two (2) components: (1) overland flow for the basin of 148 cfs; and (2) maximum flow passing under Congdon Canal of 46 cfs. Congdon Canal acts as a barrier to the larger drainage basin and only water passing through the culvert will be added to the potential flow through Shaw Creek. The total natural overland flow is 194.6 cfs. This analysis and flow calculation was confirmed by Kent McHenry, Yakima County Public Works Department. • 8. • Shaw Creek Comment, 11.A.2. "The Hydraulic Analysis Fails to Address the Insufficiency of the Stream Channel Downstream." Shaw Creek Response (pages 4 -5). Response: The analysis and argument offered by Shaw Creek Association is grossly inaccurate and unsupportable. It is contended that "the applicant proposed to increase the amount of water that is carried downstream by the DECLARATION OF DENNIS E. COVELL - 3 J C C C:IDATAIZON I N Glrch. de c. wpd DOC. INDEX .�.� • channel ...." This is false. There will be NO INCREASE in either the amount or velocity of water carried downstream by Shaw Creek. Onsite channel (i.e., capacity expansion of Shaw Creek) is not intended to capture sheet flow that occurs either outside or within the plat. The channel will simply convey water within Shaw Creek through the subject property. Since Shaw Creek to the west of the subdivision has a flow capacity of only 47 cfs, it is only this capacity that will pass through the subdivision. The expansion of the channel was undertaken under the direction of Yakima County in order to provide a segment of Shaw Creek which had capacity to convey the full runoff from the area. Stated in another way, there would be no overland sheet flow (i.e., water escaping from Shaw Creek because of under capacity) if the entire length of Shaw Creek was designed to capacity level as that onsite. It is important to recognize, however, that the increased capacity on site does not increase the amount of water either reaching the property or leaving the property. Legal counsel states: Secondly, the proposed stream channel will capture additional water entering the channel as a result of ground water movement into the enlarged channel on the site. This comment is not supported by technical data and is grossly incorrect. There is no evidence of groundwater infiltration to the on -site channel of Shaw Creek. There is no evidence of high groundwater being intercepted by Shaw Creek. Contrary to assertions by legal counsel, high groundwater tables in the Yakima Valley can be expected at the peak or near the end of the irrigation season. The peak period is August of each year. Our testing for groundwater was conducted in August, 2000. The field pot holes were dug to approximately 12 feet in depth and revealed no groundwater during this time of highest groundwater. There is simply no evidence of groundwater movement into the enlarged channel on the site. Shaw Creek Association also incorrectly asserts that the channel is expected to carry additional surface water from the increased impervious services created by the plat." The new channel will not carry additional surface water from impervious surfaces within the plat. An underdrain system is designed to accommodate all storm water runoff on -site and is completely independent of the creek channel. DECLARATION OF DENNIS E. COVELL - 4 JCCC: \DATA\ZON I N G \rch.dec.wpd DOC* INDEX 9. Shaw Creek Comment, II.A.3. "The Proposed Channel Will Channel An Increase Amount of Water that will Unlawfully Overtax the System Downstream." Shaw (pages 5 -9). Creek Response Response: Again, wrong. The new channel simply conveys water already in Shaw Creek. Drainage runoff from the plat is retained onsite and is not sent to the new channel. It is being handled by a separate underdrain system to retain storm water runoff onsite. There is no discharge of water from the site into the downstream channel for Shaw Creek that is different from or greater than the current water flow within the channel. The channel simply conveys the water in Shaw Creek through the property. The typography and testimony establishes that surface waters move in a southeasterly direction. A majority of the sheet flow passes outside or around the project site. 10. Shaw Creek Comment, I1.A.4. "The Hydraulic Analysis Fails to Factor Into its Equation Numerous Additional Sources of Water :' Shaw Creek Response (pages 9 -10). Response: The immediate drainage basin consists of only seventy -five (75) acres. As indicated in the public hearing, the Congdon Canal cuts off most of the flow from the subbasin. The Hydraulic Analysis considers two (2) components: (1) drainage from the immediate seventy -five (75) -acre basin; and (2) the maximum flow of water passing through two culverts under the Congdon Canal. This combination represents the full and complete extent of water passing into the subject area. Shaw Creek Conservation ignores the fact that the. Congdon Canal cuts off most of the flow of the subbasin. The canal cuts across the throat of the subbasin,- thus effectively leaving only seventy -five (75) acres and the identified underflow of the canal continuously to Shaw Creek for hydraulic flow analysis. It is also significant that the majority of the Wide Hollow Basin lies to the south of the proposed development area. DECLARATION OF DENNIS E. COVELL - 5 JCCC: \DATA\ZONING \rch.dec.wpd DOC. DOC. INDEX 11. Shaw Creek Comment, I1.A.5. "The Hydraulic Analysis Fails to Take into Consideration the High Water Table on the Subject Property." Shaw Creek eek Response (page 10). Response: The Hydraulic Analysis and investigation specifically evaluated contentions of a high water table on the site. The excavation on the plat . included five (5) test holes. The holes were dug during the height of the irrigation season and there was no evidence of high water table as asserted by project opponents. No water or excessive moisture was found at any location /depth in the test holes. Legal counsel makes the interesting observation that "...There is still a question that this property has a high water table." The specific assertion is as follows: There is a seasonal variation of the groundwater table. The water table will fluctuate based on the wet season. To obtain an accurate measurement of the water table, the test holes should be taken during peak wet season, rather than in August when one can safely assume the water table was at or near its lowest levels, not its highest levels. This observation might be true for Western Washington but it certainly is not. true Eastern Washington. The highest water tables in the Yakima Valley are expected at the peak or near the end of the summer irrigation season. The test holes were dug in August, 2000, the height of the irrigation season. Groundwater levels would be at their highest at the time of our testing. There is simply no factual evidence to support an assumption that the proposed stream channel depth intercepts a groundwater table and increases flow within the channel. 12. Shaw Creek Comment, 11.A.6. "Use of the Rational Method is a Questionable Method of Analysis for this Property." Shaw Creek Response (pages 11 -12). Response: As City Engineer for the City of Yakima, I directed the preparation of the Yakima Storm Water Management Plan and Yakima Metropolitan Drainage Criteria and Design Manual. Development of these standards for the urban area was accomplished at a study cost of approximately $300,000. All were adopted in 1994 and have governed stormwater management and planning (both public and private. projects.) DECLARATION OF DENNIS E. COVELL - 6 JCCC:I DATA \ZONING1rch.dec.wpd /� D ®C. ;e•, INDEX The plan and design manual authorize the utilization of the rational method of hydraulic analysis for small drainage areas. The method is utilized in our community to evaluate small drainage areas. It is recognized that utilization of the rational method of hydraulic analysis on larger areas may result in an over- estimate of the rates of flow because storage and subsurface drainage flow are not taken into consideration in the run -off hydrograph. In effect, the rational method offers a more conservative analysis (i.e., possible overstatement of rates of flow) in situations such as those presented in this case. The rational method was utilized in this case based upon plan authorization and professional judgment. Spokane County does not offer the same levels of snow fall and rain fall as our community. The draft materials provided are simply not applicable to this environment. 13. Shaw Creek Comment, IIA.7. "Use of dry wells and drainage pits to resolve the storm water impact, without more, is inadequate to mitigate significant impacts." Shaw Creek Response (pages 12 -13). Response: No dry wells are proposed for the plat development. Exfiltration pits are designed to handle storm runoff from impervious areas of the plat based on a 2 4 -hour rainfall at 25 -year design. The design of the exfiltration pits was in accordance with Yakima Metropolitan Drainage Criteria and Design Manual. DATED this c) day of December, 2000, at Yakima, Washing-ton. • LAAtti I - NIS E. OVE DECLARATION OF DENNIS E. COVELL - 7 J CCC : \DATA\ZON IN G \rch.dec.wpd DOC. INDEX • • Hydraulic Analysis of Drainage Flow Cottonwood Grove Preliminary Plat The drainage basin impacting the Cottonwood Grove Development is the area west of the proposed development and east of the Yakima Valley Canal. This drainage basin is approximately 75 acres in size. The land use in the basin is primarily pasture and residential. The overland flow for this basin, utilizing a 25 -year frequency, indicates an overland flow of approximately 148 CFS. (See the accompanying calculations I). The existing stream channel running through the Cottonwood Grove Plat is variable in dimension, but is estimated to have flow capacity of approximately 47 CFS (see the accompanying calculation II). This capacity is not adequate to handle the natural overland flow of 148 CFS., Therefore, overland sheet flow is anticipated to occur in the plat area and areas to the east and west of the plat area during peak flows. The proposed new stream channel through the plat area (see the accompanying cross - section and hydraulic calculations III), will have a carrying capacity of 227 CFS. • This capacity will . handle the overland flow of 148 CFS. However, if the stream flow exceeds the existing stream capacity above the plat area, there may still be overland sheet flow west of the plat area. • • ■ • • • • 1 • ENGINEERING SERVICES DENNIS E. COVELL, P.E. 4805 CASTLEVIEW, YAKIMA, WA 98908 (509) 965-0751 • DOC. INDEX .. . . . . . . - , • • - - - • • • . • . , ..... ... . ... . . . • • . . . . . • , • • - .. _ . -- . . . • • • . • • . . . . • . . 1 - z---"\. - ../Th • • . . . _ . . . . • • • • • • , - . . . . . - • • . --a------5_ Q6 . 65.3.6tel_.. eakikka_bria _fa:E. u 111/e.,_ - _ A . IINkc... • 4___Layxs.1..14A_a,Lkai6s._ _ .___. • _____________________Y— ..(A _ •______ _____„___________. . • _______ .. L.- , •---- 2. Wx) . • _ Pas 9 v, z2-4 hi/a v 114 ii.0 .-= ) s . w . 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I!®. 11../■■■ 11 ! ■■.. ■.n ■11..11.H..!' ■n..... ■11 11. :/ 1 • • • ' :. 1 • E :« : 1 C . a::J C� .. : _." ► fi: __ _i C __ C� J 1 _1 • C__.: i C:_.. =t. r,::: r ) C.L.._.! r__ -: ' ' -11:11 C _ . • C` --, { ..- J r--, 1111. ::; 1111 _ _ _ __ _ .._...... _ ____ 1111_... _ - • - 1111... - _ : ,w;; , ••••■•■••• • • • . SECTION 2 STORMWATER 22 RATIONAL RATIONAL THOD The Rational Method is in empirical runoff formula which has gained wide acceptance because of its simple intuitive, treatment of peak storm runoff rates for small drainage basins. This method relates runotf t$ rainfall intensity, surface area and surface characteristics by the formula: ' Q = CiA (2-1) • where: • Q = peak runoff rate, in cubic feet per second (cfs) Cf = correction factor to adjust the runoff coefficient for less frequent high intensity storms C = ' runoff coefficient i = average rainfall intensity, for a duration equal to the time of concentration, in inches per hour • A 1= drainage area of the tributary to the point under consideration, in I acres The Rational Method is $ased on the following assumptions: A. The peak rate of runoff at any point is a direct function of the average uniform rainfall • intensity during the time of concentration to that point. . B. The frequency of the peak discharge is the same as the frequency of the average rainfall intensity. C. The time of concentration is the time required for the runoff to become established and flow from the mint hydraulically remote part of the drainage area to the point under analysis. This asimption applies to the most remote in time, not necessarily in distance. • Although the basic principles of the Rational Method apply to drainage areas greater than 20 acres, practice generally limits its use to some maximum area. For larger areas, storage and subsurface drainage flow cause an attenuation of the runoff hydrograph so that the rates of flow tend to be overestimated $y the Rational Method. In addition, the assumption of uniform rainfall distribution, and intensity! becomes less appropriate as drainage area increases. Because of the trend for overestimation 4f flows and the additional cost in drainage facilities associated this overestimating, the application of a more sophisticated runoff computation technique is usually warranted for larger dr4age areas. DOC. INDEX I\ October 1994 241 • Drainage Criteria and Design Manual- • ' • . . • ' . . ' . . . • • . - . . . . . . 7'1 . ' • . • , S./ • . 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' ' ' r , 4 PO IOC 2514 10.1M1. 105-Stirr. 90070 . D •1:4 ---:- i I It 1 1 1 Tido ;X.) 2 01. r 30- 01 ). 71.2•• pe A . Z .'...". 0 . N Tel F00 1-771-574 -KO ...) , c a . 0 -...r.... nc.ous WC1.I ,,,,,..................... j i .. • M,CD - ur ___ ____ __.......________._ ... >< * 1 • . • • I k. • 1 .........-- • • 5 /07/2800 18:42 4520581 THOMAS UPTON IJRVE',I . ; PAGE 08 .. i 1 i COTTONWOOD GRAVE AUGUST 10, 2000 HOLE NO. 1 0" TO 18" CLAY LOAM 18" -- 24" SAME WITH PEBBLES TO 1 ' /s" DIA 24" -- 36" GRAVEL, SOMEWHAT CEMENTED, YELLOW/BROWN 36" — 48" HARD, CEMENTED GRAVEL YELLOW/WHITE 52" REFUSAL HOLE NO. 2 0" —18" CLAY LOAM WITH SAND" 18" 54" SAME WITH PEBBLES TO 3" DIA, SOMEWHAT CEMENTED YELLOW 54" -- 72" HARD SANDSTONE HOLE NO.3 0" 34" MED BROWN SANDY LOAM 34" — 9W PEBBLES TO 3" DIA HOLE NO.4 0" — 36" MED BROWN SANDY LOAM 36" --12' LOAM, HINT OF HARD SANDSTONE AT 7' i . j HOLE NO.5 0" -- 24" MED BROWN SANDY LOAM 24" — 36" LIGIR BROWN 36" —10' DARKER BROWN 10' — 11' BOTTOM, GRAVEL TO 3" DIA WITH SAND NOTE . NO WAFER OR EXCESSIVE MOISTURE FOUND AT ANY LOCATION, • i . DOC. • INDEX ne \\ 09/07/000 18 :42 4520581 THOMAS UPTON SURVEVI PAGE 04 • • i . COTTONWOOD GROVE • ON -SITE SURFACE WATER RETAINAGE Proposed exfiltration pit sizes Pit `A', vicinity of intersection 87th Avenue and Bristol Way; 4.2 feet deep, 8 feet wide by 140 feet long. Pit "B", vicinity of intersection 85th Avenue and Midvale Road 3 feet deep, 8 feet wide by 110 feet long: Note: • Pit sizes are preliminary, based on percolation test findings of August 10, 2000, and are provided here to illustrate feasibility. Actual pit sizes and locations as determined during Engineering and Design Phase, may consist of several smaller pits providing an aggregate total of the required volumes. • • • • • • • DOC. INDEX • 6 s Tn rF <r.m 0 �yt !aee M�v JAN 1 8 7fjfF, State of Washington CITY 01 DEPARTMENT OF FISH AND WILDLIFE PLA t,6►Thia., � v Region 3 Office: 1701 South 24 Street - Yakima, Washington 98902 -5720 - (509) 575 -2740 September 26, 2000 City of Yakima Planning Department 129 N. Second Street Yakima , WA 98901 Dear Mr. Valoff: SUBJECT: Reclassification of 34.86 acres from low density residential to high density residential; comprehensive plan amendment, future land use map; parcel # 18133 - 21005, 24004,24006 The Washington State Department of Fish and Wildlife (WDFW) has been involved with efforts to develop adjoining properties owned or controlled by Mr. Hocherin/Summit Crest Construction, L.L.C. /What the Hay L.L.C. for quite some time. Past WDFW correspondence that have bearing on this proposal are enclosed for your review and inclusion into the record. The enclosed November 8, 1999 letter from WDFW highlights the piecemeal review that was identified as an issue nearly a year ago, and is now coming to fruition in the form of this .latest proposal. This is a course of action that makes project review exceedingly difficult and is expressly prohibited by WAC 197- 11- 060(b). Additionally, relocating Shaw Creek, a tributary to Wide Hollow Creek is at issue here. Shaw Creek is ditched and currently runs along 80 Avenue for a considerable distance before entering Wide Hollow Creek. Yakima County Planning Department and Yakima County Public Works in recognition of the need to widen 80 Avenue have viewed the What the Hay L.L.C. /Summit Crest Construction L.L.C. / Richard Hochrein property as the only viable alternative location to place Shaw Creek. It is difficult if not impossible to meet fish and water quality objectives in the current location of the stream along 80 Avenue. The current stream location also presents significant engineering and cost elements that would not be present in the undeveloped property that comprises these related parcels and projects and ownership. The stewardship of public monies and public resources (fish and wildlife) would be best served with a comprehensive view and treatment of the various projects and issues. DOC. INDEX 76 Mr. Valoff September 26, 2000 Page 2 Thank you for the opportunity to provide this information. If you have any questions, please contact me at (509) 457 -9322. Sincerely, XJf lat. Mark S. Teske Area Habitat Biologist Enclosure(s): November 8, 1999 letter from WDFW February 22, 2000 letter WDFW cc: Clausing, WDFW DOC. INDEX 5 . a STATE OF WASHINGTON COUNTY OF YAKIMA Master Application for ) EXAMINERS PLAT RECOMMENDATION and Preliminary Plat Cottonwood Grove, ) SEPA DECISION by Summit Crest Contruction, and ) County No. SUB 99 -109 SEPA Appeal, Near 86 and Tieton ) • EXAMINER NO. OU00 -4 -4 A consolidated public hearing concerning both the preliminary plat application submitted by the applicant, and the SEPA appeal filed by neighbors, was conducted on May 10, 2000. I issued a Memorandum Opinion on June 26, 2000. After receipt of additional information from the developer, the planning department scheduled an additional open record hearing which occurred on November 8, 2000. Prior to that hearing I denied attorney Hilary Franz's motion for continuance, appearing on behalf of the Shaw Creek Conservation Association (SCCA). • The hearing was reopened November 8, 2000 in order to deal with the issues raised by the Memorandum Opinion. Attorney Franz requested additional time to respond to issues raised at that hearing. She was permitted to file additional documents by the close of business Wednesday, November 22. She requested and received an extension to November 29, at which time her documents were filed. Attorney Carmody filed documents dated December 8, 2000, pursuant to the schedule I had established. An updated exhibit list will be prepared and available to both the Board of County Commissioners and to all parties prior to hearing by the Board. The planning department staff report recommended approval of • this proposal, and denial of the SEPA appeals. There is substantial neighborhood opposition to this proposal. Many of the neighbors, but probably not all, are represented by attorney DOC Examiner's Plat Recommendation - 1 INDEX Cottonwood Grove Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 Isnol 7411_1170A Hilary Franz, now of Johns Monroe Mitsunaga PLLC of Bellevue, WA. The developer and applicant, Summit Crest Construction, is owned by Rich Hochrein, and was represented by attorney James Carmody of Velikanje Moore and Shore in Yakima. The Examiner has inspected the property several times. As to the preliminary plat, this decision constitutes a • recommendation to the Board of County Commissioners (BOCC), supported by written findings and conclusions. The SEPA appeal represents a final decision by the Examiner, subject to appeal to the BOCC. SUMMARY OF DECISION. The SEPA appeal is denied in all respects. The Examiner recommends that the BOCC adopt the preliminary plat as modified as to the common wall units, as reflected in the final revised site plan dated August 7, 2000. From the view of the site, the matters contained in the official record including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Applicant and Property Owner. Summit Crest Construction (Rich Hochrein) P.O. Box 910, Yakima, WA 98907. 2. SEPA Appellant. Shaw Creek Conservation Association. Primary contact is Gary Brownell. Their attorney is Hilary Franz. 3. Location. This property is located on the south side of Tieton Drive, 300 feet east of the intersection of South 88 Avenue; Assessor's parcel numbers 181330- 12012, and a portion of 131330- 13002. 4. Application and Appeal. This is a master application to review a preliminary long plat, and for Class 2 reviE DGof, Examiner's Plat Recommendation - 2 INDEX Cottonwood Grove Examiner No. OU00 -4 -4 1,...... HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 common wall units. The SCCA appealed the issuance by the county of a Mitigated Determination of Non - significance. 5. Current Zoning and Use. 5.1 Zoning. The property is subject to the Yakima Urban Area Zoning Ordinance, which designates it as Single- family Residential (R -1). Prior to December 8, 1998, the property had been zoned Suburban Residential, which differs from the R -1 designation by the type of uses permitted, but not by density (lot size). The property has been within the Yakima urban growth area since the original Yakima urban area was established in 1986. 5.2 Property Characteristics. Other than an existing residence on proposed Lot 2 -1, the subject property is vacant. The property is crossed by Shaw Creek, a Type III stream not previously identified by the Critical Areas Atlas. Within the current proposal there are about 7 acres north of the creek and 20 acres south of the creek. The area south of the creek is in active alfalfa production while the area north of the creek is grass. 5.3 Neighboring Properties. The characteristics of the neighboring properties are as follows: Location Zoning Present use To North R -1 Single - family residences across Tieton Drive. To East R -1 Single- family residences, pasture. To South R -1 Vacant. • - To West R -1 Single- family residence to northwest, otherwise vacant. • 6. Original Project Description. Subdivide approximately 26 acres into 99 lots, consisting of 55 lots for single- family detached residences and 44 lots for single- family attached (common wall) residences. Most of the lots for single - family detached residences range from 7,000 to 10,000 square feet. The lots for the common wall units generally range fryp Examiner's Plat Recommendation - 3 Cottonwood Grove Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 5,000 to 6,250 square feet. 7. File History. This project has been through substantial review and revision. The process history for this project is outlined below: • May 28, 1999 A request to hold a Design Review Team (DRT)meeting was submitted. • June 23, 1999 The DRT meeting, involving the applicant and agencies with jurisdiction and expertise was held to review the proposal. September 10, 1999 The preliminary plat application, SEPA checklist, and Class (2) applications were submitted, incorporating DRT recommendations. September 24, 1999 Outstanding fee for Class (2) review was submitted. October 7, 1999 Notice of proposal, completeness, comment period on SEPA, and hearing sent. Hearing was set for November 18, 1999. October 25, 1999 The October 7th notice was resent to an expanded mailing list. It included a cancellation of the November 18 hearing. • December 1 & 10 Meetings held with various agencies and the developer regarding the newly discovered "stream ", known as Shaw Creek. Previously thought to be an irrigation ditch. Stream status caused the plat to be redrawn. December 30, 1999 Revised plat and supplemental narrative submitted. January 12, 2000 Missing title report submitted. February 11, 2000 Preliminary MDNS sent out along with notice of the revised preliminary plat and the Class (2) application. April 24, 2000 Property posted with notice. April 25, 2000 Final MDNS issued along with notice of the May 10 public hearing. May 9, 2000 SCCA's undated notice of appeal of the MDNS was received by Yakima County Planning Department. May 10, 2000 First open record hearing. • June 26, 2000 Examiner's Memorandum of Opinion. November 8, 2000 Second open record hearing. November 29, 2000 Receipt of additional documentation from attorney Franz. December 8, 2000 Receipt of additional documentation by attorney Carmody. Record closed. This file is about five inches thick. Examiner's Plat Recommendation - 4 INDEX' Cottonwood Grove Examiner No. OU00 -4 -4 VV1 •�w „n,., HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 8. Memorandum Opinion. This Examiner's Memorandum Opinion, attached to this document as Exhibit A, identified a number of issues and extended to the developer, Mr. Hochrein, the opportunity to revise the plat as reflected in the opinion, while • providing additional storm drainage detail, or to receive an opinion as outlined in the Memorandum. Mr. Hochrein, by his attorney's letter dated September 28, 2000, responded to the June Memorandum Opinion by submitting a revised site plan and a hydraulic analysis of drainage flow. On September 29, in response to Mr. Carmody's letter, 1 wrote Subdivision Manager Carol Faith and requested that the matter be set for a reopened hearing. The planning department scheduled the hearing, and it was conducted on November 8, 2000. 9. Revised Site Plan. The site plan under review at the November hearing carries a substantial revision date of August 7, 2000 and is Exhibit 11 -B. This reflects 99 single family dwelling • on 25.45 acres. The overall dwelling unit density is 5.35 units per net residential acre. The net residential acreage is 18.52 acres. The project is L- shaped, with access from Tieton Drive and stub outs for future street connections. Phase 1 consists of that portion perpendicular to Tieton Drive, consisting of 14 common wall dwellings (lots 10 -23), and 48 detached single family dwellings (lots 1 -9 and 24 -62). There are 62 total lots and dwelling units in Phase 1. The common wall units are located on the west property line, adjacent to property also owned by the applicant. Lot sizes for the common wall units in Phase 1 average about 5,965 square feet. Some are slightly larger. The conventional lots in Phase 1 range in size from just over 7,000 square foot to just under 14,000 square foot. Many of the lots are between 7,000 and 9,000 square feet. Mr. Brownell's property is on the east side of this project, and is now bordered entirely by single family housing, rather than the common wall housing which he and his neighbors originally Examiner's Plat Recommendation - 5 DOC. Cottonwood Grove l� Examiner No. OU00 -4 -4 I HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 249 -0706 objected to. Phase 2 consists of 22 common wall dwellings, lots 13 -34, all located on the south and west sides of this project. The 15 detached single family lots, 1 -12 and 35 -37, are located on the • north and east sides. There are no common wall lots on the east side, near Midvale. This also reflects a change from the original site plan; all common wall lots are located adjacent to undeveloped property owned by the applicant. There are 36 common wall single family dwellings, and 63 detached single family units, for 99 total units. The original proposal was for 44 common wall and 55 detached units. That portion of Shaw Creek located in the plat is indicated with a 25 foot buffer on the north side and a 75 foot buffer on the south side. The plat as laid out complies with all applicable development regulations, such as lot size, street construction, and public utilities. 10. Significant Issues. 10.1 Common Wall Units. At the first hearing, neighbors to the north and east of this project were uniformly opposed to common wall lots on the north and east sides. They objected to them for a variety of reasons, including the size and bulk of the buildings, impact on views, and concern about storm drainage. Mr. Hochrein, pursuant to the Memorandum Opinion, has relocated the common wall units to the west and south, where any compatibility conflicts will be imposed upon property he already owns. Common wall units are authorized by the zoning ordinance as a Class 2 use, meaning that they are generally permitted but on occasion may not be compatible. The location of these units is now deemed compatible. 10.2 Shaw Creek Buffer. In the Memorandum Opinion I noted that in my opinion the evidence at that time did not support a 25 foot buffer on the north, and a 75 foot buffer on the south, and that more appropriately the buffer should be 50 feet on each Examiner's Plat Recommendation - 6 DOC•� Cottonwood Grove INDEX 0 Examiner No. OUO0 -4 -4 :,rK • . HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 side of the street. The revised site plan still shows the 25 foot -75 foot buffer. Each lot is subject to maintaining this protected critical area. Shaw Creek is a continuing concern to Yakima County. This • has been treated as a local irrigation ditch until Yakima County started Tieton Drive improvements further west, at which point local government authorities apparently concluded that this is a fish bearing stream. Yakima County ultimately plans to improve 80 Avenue south from Tieton Drive to Wide Hollow Road. Shaw Creek currently travels in the road ditches parallel to 80 Avenue, which is located east of this project. Ultimately Yakima County would like to see Shaw Creek relocated south of this entire project so that it runs diagonally across the open hay fields and merges with Wide Hollow Creek somewhere in the vicinity of 80 and Wide Hollow Road. This would simplify reconstruction of 80 Avenue while being responsive to long term preservation of Shaw • Creek in an environmentally responsive way. In the meantime, Shaw Creek traverses this plat in a ditch which has all the appearances, on this property at least, of being an artificial channel. The likelihood, based upon oral testimony, is that the ditch was relocated to the north side of the flat plain, which is south of the creek, in order to allow that area to be farmed. The ground slopes steeply upward on'the north side of the stream, and is relatively flat on the south side. County Planning and Public Works Departments have recommended that the stream be rebuilt, with a berm on the south side, so that the stream bed and area north of the berm act as a flood channel to increase the flow • capacity of this portion of Shaw Creek. Maintaining the 25 -75 buffer allows this to happen while still creating usable lots to the north and south of the creek. Although challenged by some state agencies and by the neighbors, the planning department's ultimate recommendation on this was a 25 -75 buffer, utilizing the buffer averaging contemplated by Examiner's Plat Recommendation - 7 DOG. Cottonwood Grove INDEX - Examiner No. OU00 -4 -4 HEA ING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (5091 248 -0706 t t Yakima County's critical area ordinance Private ownership of the lots subject to this critical area setback will create ongoing management and enforcement concerns. These have been raised by the neighbors, and are legitimate. Yakima County is in the early stages of developing ways to monitor and enforce maintenance of designated critical areas. Given the possibility that Shaw Creek may be entirely relocated from this area, public ownership of this buffer area is not feasible. Furthermore, Yakima County currently has no policy allowing the County to take public ownership of this critical area. To do so would presumably trigger a compensation requirement for the benefit of the developer. Imposing the critical area setbacks on private property allows these lots to continue to be used consistent with the zoning. Both neighbors and the Federal government have a significant interest and legal authority, under the Federal Endangered Species Act, to require the County and private land owners to observe this buffer and avoid harming the stream. Accordingly, upon review of the entire record, the 25 -75 buffer is recommended for approval. 10.3 Flooding and Storm Drainage. This issue has benefited from significant study by SCCA and the developer. In response to the Memorandum Opinion, both sides have provided significant additional detail and legal briefing. The additional documents, although not in the form of an environmental impact statement, serve to identify the issues and provide a rational basis for understanding the impact of this development on the local environment. The single most influential document is the declaration by Professional Engineer Dennis Covell, submitted on behalf of the developer. The declaration is attached to this document as Exhibit B. In a concise and orderly way it deals with the various issues concerning improvement of this portion of Shaw Creek, and the sheet flooding which historically has occurred on . Examiner's Plat Recommendation - 8 INDEX Cottonwood Grove Examiner No. OU00 -4 -4 # HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 property. This substantially revised site plan deletes the flood channel which had originally been proposed by planning staff, and which appeared to funnel flood water directly to residences on Midvale Blvd. east of this project. That flood channel was a red alert for the neighbors, and legitimately so. It is clear that this property and the property to the south does experience sheet flooding, often in the early months of the year. Upstream runoff, combined with rapid melting of any local snow, coupled with frozen ground has generated a number of flood events which the neighbors have well documented. Much of the flood waters have come down the old road on this property which is immediately south of the existing farm house which will remain on lot 2 -1. Design of this plat, with the regular obligation that water generated on site must be dealt with on site, should serve to alleviate problems that Midvale neighbors have experienced in the past. As a practical matter, interposing this subdivision will divert any problems to the west boundary of this project and /or to property • owned by the developer to the south. SCCA included a copy of Spokane County's draft Storm Water Management Guidelines, commending them to Yakima as appropriate to be followed. Although this issue is dealt with in Mr. Covell's declaration, it should be noted that there are significant climate differences between Spokane and Yakima. Page 4 -6 of Spokane's proposed guidelines shows the mean annual precipitation in Spokane County. It ranges from 15 inches annual average on the east side of the county to over 35 inches on the west side of the county. By comparison, the USDA Soil Survey of Yakima County indicates that at the City of Yakima the annual average precipitation is 7.89 inches (see page 210, USDA Soil Survey of Yakima County). Mr. Covell's statements in his declaration are adopted as findings of fact and incorporated by reference. 10.4 Northern Wetland. As reflected in the Memorandum Opinion, the SEPA appeal is denied. My physical inspection n O , Examiner's Plat Recommendation - 9 INDEX Cottonwood Grove Examiner No. OU00 -4 -4 } HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 1 , a indicates a four inch inside diameter pipe several feet from the leaking weir box. Approximately 45 yards (paced) down slope, in a straight line, is the same appearing pipe. The pipe is broken on both ends. Water flows in the top end by the weir box, flows out the lower end, which is the up stream start of the wetland vegetation trending down the hillside. There are no culverts under Tieton Drive along the property frontage. The residential property north of Tieton is at a height equal to Tieton Drive, with no road side ditch. The canal which borders part of the subject property also parallels Tieton to the north. There is no indication whatsoever of any other source of water except the broken underground water main. Based upon all of the evidence, this is not a jurisdictional wetland, and the SEPA appeal is denied. 10.5. Traffic. The County Public Works Department in the application of their standard site distance studies will review and approve the road and driveway modifications consistent with existing guidelines. Further environmental study is not required. The plat shows a stub -out to Yvonne Schreiner's property at the northwest corner. Gary Kissling, as trustee of that property, questions the feasibility of that stub -out, since its extension will require condemning, at considerable expense, the Schreiner property. I agree, but am loathe to deal with road details and future extension plans which do not have an immediate impact on this plat. Public Works stands by their recommendation that this stub -out be included. 10.6 Phased Review. Additional review at this time is not necessary or appropriate as to land which may be developed in the future to the south and west of this property. The burden of • dealing with storm and flood drainage due to an inadequate Shaw Creek west of the current proposal must be dealt with at that time, but the environmental implications of dealing with that need not be anticipated now. Sheet flooding on this property is Examiner's Plat Recommendation - 10 DOC. ' ;c-s- Cottonwood Grove 'ND Examiner No. OU00 -4 -4 14 XAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -070(5 presumably subject to the common enemy doctrine, which has been well briefed by both parties. In the event, which I consider extremely remote, that flooding damages Midvale property owners as a result of the pending plat, adequate civil remedies exist. 11. Public Notice. Public notice of the hearings was provided in accordance with the ordinance. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS • 1. The Examiner has jurisdiction. 2. The proposed plat conforms to the goals and policies of the Yakima Urban Area Comprehensive Plan, the intent of the Yakima Urban Area Zoning Ordinance, the provisions of the Yakima County Subdivision Ordinance, and will serve the public use and interest, subject to the conditions set forth in the Recommendation below. 3. The SERA appeal is denied after having requested and considered additional information on the major issues. 4. All notice provisions of the ordinance have been complied with. Based upon the foregoing findings and conclusions, the Examiner submits to the Yakima Board of County Commissioners the following recommendation. 1. Approve this preliminary plat application, as reflected in the substantial revision dated August 7, 2000, subject to the following conditions: A. Critical Areas Setbacks and Protections The Type 3 stream (known as Shaw Creek or Shaw Ditch) on this property supports fish, and is protected by the Yakima County DOS;. Examiner's Plat Recommendation - 11 INDEX C. Cottonwood Grove 1 Examiner No. OU00 -4 -4 # HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 15(191 •74R.n Critical Areas Ordinance (YCC 16A.04.02). The items listed below are required unless modifications are made to the stream to re- establish a natural stream corridor in another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues, and lots may be reconfigured appropriately. (i) Generally, a 50 -ft. wide building setback and vegetative buffer is required from the ordinary high water mark on either side of the stream. However, to accommodate variations in the adjacent topography (the north stream bank is steeper than the south), the buffer may be modified to be wider on one side than the other. At no point will the buffer be less than 25 ft. from the ordinary high water mark. The buffers widths for both sides of the stream must add up to 100 -feet or more. (ii) The stream corridor through the property shall be restored through reconstruction of the channel to a more natural form and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross - section shown on the Ditch Management and Protection Zone drawing provided by the applicant (see Exhibit B of MDNS). The reconstruction shall be accomplished such that the channel is returned to its current configuration prior to leaving the property, and structural measures provided to maintain the transition. The revegetation should be performed using the recommendations in the Dept. of Fish and Wildlife letter of Dec. 20. 1999 (see Exhibit C of MDNS). (iii)Prior to final plat approval, Critical Areas Development Permits from Yakima County shall be obtained for the proposed stream crossing for S. 88 Avenue (as extended in the future) and the utilities, for the stream corridor restoration work, and to modify the vegetative buffer widths. All permits that may be required by other agencies (e.g. Dept. of Ecology, Dept. of Fish & Wildlife, Corps of Engineers) must also be obtained. Environmental review of details of the critical areas work is adequately covered in the review of the critical area permit. (iv) The final platting and critical areas permitting DOG. Examiner's Plat Recommendation - 12 INDEX Cottonwood Grove # Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 processes shall ensure that the vegetative buffer is effectively protected, perhaps utilizing fences and either open space easements or land ownership that is held in common or held by a conservation organization. B. Stormwater and Drainage Control A stormwater and drainage control plan shall be provided for the entire property prior to construction of improvements for any area of the development. The plan shall: (i) Be developed by a licensed professional engineer in consultation with the Planning and Public Works Departments. (ii) Provide for separation of stormwater and floodwater, where applicable. (iii) Provide on -site retention and treatment of the increased stormwater runoff generated by both residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. (iv) Use a 25 -year design sto/m. (v) Use runoff coefficients that appropriately estimate • runoff from impervious surfaces, residential lawns (generally less pervious than agricultural fields), etc. (vi) Provide the location, description, and design of water management structures (drainage swales, retention ponds, dry wells, etc.) . C. Grading Plan A Grading Plan shall be submitted for the entire property prior to construction of improvements for any area of the development. The plan shall: (i) Include the design and construction of the water management structures needed to meet the stormwater and drainage control requirements. (ii) Include provisions to meet flood protection requiremen i . Examiner's Plat Recommendation - 13 INDEX G. Cottonwood Grove # "` Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 (iii)Include all proposed modifications to the Type 3 stream and associated buffer. (iv) Include methods to control dust consistent with the Yakima County Clean Air Authority standards. (v) Include strategies to deal with the soil limitations listed in the NRCS soil survey for Yakima County, or demonstrate why the limitations do not apply. Of particular interest are wind and water erodability and potential hardpan limitations. The strategies should include phasing or similar methods to limit the amount of exposed soils at one time. (vi) Exclude material from the stream corridor and any associated buffer, except as approved through a Critical Areas Development Permit. Excess material excavated from the project area south of the stream may be used to make necessary grade changes north of the stream. D. Traffic (i) A left -turn storage pocket for the Tieton Drive / 87 Avenue intersection shall be provided as specified by the County Engineer. If the improvements are constructed as part of a County road project, the developer shall contribute funds equal to the cost of improvements. (ii) Additional right -of -way shall be dedicated such that the total width of right -of -way is 35 feet from the centerline of Tieton Drive in order to accommodate the turn pocket and fill slopes. • Phasing: 1. The project may be completed in two phases as proposed, or as one phase. If the project is phased, then the conditions listed herein apply according to what phase they are located in. The first phase may be completed and recorded without the conditions that apply to the second phase being completed. Examiner's Plat Recommendation - 14 DBE Cottonwood Grove INDEX Examiner No. OU00 -4 -4 # HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 • Critical Area Protection: 2. The required buffer area of Shaw Creek shall be planted with native vegetation in accordance with the specifications of the MDNS prior to final plat approval. 3. Prior to final plat approval, a 6' high fence shall be installed along the north and south boundaries of the Shaw Creek critical area buffers. Additional Stormwater Requirement: 4. In addition to the MDNS requirements relating to stormwater control, the location of the stormwater control and retention facilities shall adequately consider and provide separation from Shaw Creek, so as to reasonably avoid contamination of the creek either by surface flow of stormwater (25 -year event or smaller) or subsurface movement of contaminants. For example, stormwater shall not be collected and sent to a location 10 -feet from Shaw Creek. Multiple stormwater collection and retention systems may be needed on the hillside above the creek, rather than one large system, or possibly all of the stormwater north of Shaw Creek could be collected and piped to the south portion of the plat for retention. The details will need to be included in the stormwater and drainage plan, which is further outlined in the MDNS. Streets: 5. After the necessary grading permits, critical area authorizations, and other road related authorizations are obtained, the interior roadways shall be constructed to the following County standards: Public Road Name Standard Road Section Right -of -way 88 Avenue No. 2 (Urban Collector Arterial) 70' 87 /MacLaren, N. of Shaw Cr. No. 2 (Urban Collector Arterial) 60' Midvale Road No. 4 (Urban Access) 50'* All other interior roads No. 4 (Urban Access) 50'* *Provided the road improvements fit within a 50' right- of -w.0 Examiner's Plat Recommendation - 15 MOD( Cottonwood Grove # - Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 6. The roadways shall include all improvements indicated in the attached roadway sections, including curb and gutter, sidewalk on one side of the streets, and streetlights spaced according to the County standard. Barrier curb and gutter shall be used along 88 MacLaren, Midvale and that portion of 87 that is north of Shaw Creek. Rolled curb may be used on all of the other streets; however, if - the road connects to any other road that has barrier curb, the barrier curb must be extended around the curb radius. A gradual transition shall be made at all locations where the barrier curbing and rolled curbing meet. The sidewalk locations shown on the preliminary plat meet the standard, with the exception of a missing segment on the east side of the northern stubout of 88 Avenue, which also must be provided. Sidewalks at all driveways and along all rolled curb shall be at least 6" thick. All other segments of sidewalk need only be 4" thick. Handicap ramps shall be provided in all . sidewalks at intersection corners. The county standard for streetlights is to locate them at all intersections and at the ends of all cul -de -sacs. Additional streetlights are required so that spacing between streetlights does not exceed 330 feet. The light fixtures shall be shielded using a method acceptable to the County Engineer in order to direct light downward onto the street system, thereby minimizing light impacts to the neighborhood. 7. Road right -of -way shall be dedicated for all of the roadways as specified in the table in Condition #7 above. Right -of- way for minimum 30 ft. by 30 ft. sight triangles shall also be dedicated at the intersection of 87th Avenue and Tieton Drive. At all other intersections the lot corners shall be held back to provide an adequate sight- distance area (using a radius determined by Public Works), or the standard 30' by 30' sight triangles can be dedicated. 8. The narrow strip of land running out to S. 80 Avenue (apparently 16 IA feet wide), shall be dedicated as public road right Examiner's Plat Recommendation - 16 DOG ' Cottonwood Grove INDEX Examiner No. OUO0 -4 -4 # HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 of-way. 9. The plans for the roadways must be prepared by the applicant's Licensed Professional Engineer and reviewed and approved by the County Engineer prior to roadway construction. These plans must incorporate provisions for on -site stormwater retention facilities for all surface runoff water generated within the plat, as further outlined in the MDNS. It must also take into account the widening of Tieton Drive, including the turn lane identified in the MDNS. • 10. A 10' wide slope and utility easement shall be provided along the south edge of the Tieton Drive right -of -way that is being dedicated. 11. The developer must arrange a pre- construction conference prior to any road or utility construction within the existing and proposed right -of -way. An inspector from Public Works will inspect the actual road, bridge, and utility construction within the public right -of -way. 12. The developer shall submit road name applications for the streets within the plat. The road names must be reviewed and approved by Public Works prior to plat approval. Road signs are required for this development. The road sign(s) will be installed by Public Works prior to acceptance of the road and all costs associated with supplying and installing the signs must be reimbursed to Yakima County by the developer. 13. A temporary end-of-road barricade meeting the requirements of the Public Works Department must be installed at the east end of the Midvale Road stub out. Additional temporary barricades shall be provided at the end of each stubout and the south boundary of Phase I, unless determined otherwise by the County Engineer. The barricades may be removed by the County at their discretion, without prior notice. • DOG. Examiner's Plat Recommendation - 17 1NDEh Cottonwood Grove # Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (5091 248 -0706 • Utilities: 14. All lots shall be served with public water from the Nob Hill Water Association., No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Planning Department indicating that all construction necessary to provide the lots with domestic water has been completed and all associated fees have been paid. Be sure to coordinate the connection into Tieton Drive with the County so that it occurs before or as part of the Tieton Drive road. improvements 15. All lots shall be provided with public sewer service from the Yakima Regional sewer system. No individual septic systems or other sewage disposal methods will be allowed for any of these lots. Prior to final plat approval, written verification from the City of Yakima Engineering Department must be submitted to the Planning Department indicating that all construction necessary to provide the lots with public sewer service has been completed and all associated fees have been paid. 16. Minimum 10 -foot wide public utility easements must be provided adjacent to all public road right -of -way, and as specified by the utility providers. 17. All public and private utilities shall be located underground, with the exception of the standard telephone box, transmission box, and similar structures. 18. All public and private utilities located within public road right -of -way must be constructed prior to commencement of roadway construction. Detailed plans for all proposed utilities to be located within public road right-of-way must be submitted to the Public Works Department for review and approval prior to utility construction. The owner's signature on special permits or franchise agreements may be required prior to utility. construction. O C . Examiner's Plat Recommendation - 18 INDEX Cottonwood Grove # .. *- Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 Miscellaneous: 19. The broken pipe /wetland situation at the north end of the property shall be fixed prior to any physical development of the site. 20. Fire hydrants shall be placed at the locations and to the specifications required by the Yakima County Fire Marshall. The lots must be provided with adequate fire flow, in accordance with the adopted fire code, prior to final plat approval. 21. Final lot dimensions and areas shall substantially conform to the preliminary plat, except as changed by this decision and /or the public hearing process. 22. The developer shall contact the State Department of Ecology to determine if a Baseline General permit for Sto /mwater Discharges will be necessary for this development. Application should be made at least 30 days prior to commencement of construction activity. 23. A method of dust control during the construction phases shall be submitted to, and approved by, the Clean Air Authority. A written copy of their approval must be submitted to the Planning Department prior to construction work of any kind. The developer must designate a responsible party for contacts during working hours regarding alleged air quality violations. 24. Measures such as temporary ponding, silt fencing, etc. shall be used as necessary during construction to prevent erosion. 25. Monuments must be placed at street intersections and curvature points as specified in Yakima County Code § 14.32.020. The monuments must be protected by cases and covers as approved by • the County Engineer. Plat Notes: 000. Examiner's Plat Recommendation - 19 INDEX Cottonwood Grove Examiner No. OU00 -4 -4 HEARING EXAMINER • FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 • 26. The lots shall be subject to the following notes, which must be placed on the face of the plat: a. Access for all corner lots shall be onto the street with the lower classification, unless otherwise authorized by the County Engineer. Generally, the streets within this plat are classified from highest to lowest in the following order: 88 Avenue, MacLaren Avenue, 87 Avenue (north section), Midvale Road, 87 Avenue (south section), and all other roads after that. b. Sitescreening Standard `A', or a higher sitescreening standard (See YCC 15A.07) shall be installed along all • exterior property lines that separate common wall units within the plat from adjoining lots that contain single- family residences. The sitescreening shall be installed along the entire property line of the common wall lots prior to issuance of the building permits for the common wall units. c. Those portions of this plat along Shaw Creek are subject to the Yakima County Critical Areas Ordinance. A building setback & vegetative buffer must be maintained from the ordinary high water mark of Shaw Creek, as indicated on the plat. No fences, structures, or other development is permitted within the buffer area (other than the road and utility crossings allowed at initial construction of this development), as it is to be maintained in a natural state. Other special development standards may apply, and permits may be required for certain types of development. Information may be obtained from the Yakima County Planning Department. This restriction applies while Shaw Creek remains classified as a critical area. d. The owners shown hereon, their grantees and assignees in DOC. Examiner's Plat Recommendation - 20 INDEX ,C Cottonwood Grove # Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNT( OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 interest hereby covenant and agree to retain all surface water generated within the plat on -site. The stormwater calculations and facilities for this plat have been designed based on a specific amount of impervious surface. Additional impervious surface beyond the 45% maximum lot coverage specified by the zoning ordinance will not be authorized through the administrative adjustment process (YCC 15A.10). e. Yakima County has in place an urban and rural addressing system. Street names and numbers for lots within this plat are issued by the Yakima County Public Works Department upon issuance of an approved Building Permit. • Timing: 27. Prior to recording the final plat or issuance of building permits, either: a. All required plat improvements, i.e. streets, sidewalks, utilities and drainage facilities must be in place; or, b. An escrow account established or a bond provided in an amount and with conditions acceptable to the County Engineer to assure installation of all remaining required improvements. If the developer elects to escrow or bond for the required roadway improvements, and fails to complete these improvements in the time specified in the escrow or bond agreement, the County Engineer shall have the authority to suspend issuance of building or occupancy permits until the required road and drainage improvements are accepted as satisfactorily completed. The County Engineer may issue building permits on a lot -by -lot basis when it is determined that building construction will not interfere with utility and roadway construction. Examiner's Plat Recommendation - 21 DOC. G Cottonwood Grove INDEX Examiner No. OU00 -4 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 15091 748-0706 • 28. Immediately prior to submittal of the final plat • application, all property taxes and special assessments for the entire tax year must be paid. February 15 is the cutoff for when the next year's taxes would have to be paid. 29. The total project must be completed and the final plat submitted within the maximum five year time period pursuant.to RCW 58.17.140. ( 10 4 67 Phil ±mb P Hearing Examiner DO C, Examiner's Plat Recommendation - 22 INDEX Cottonwood Grove Examiner No. OU00 -4 -4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 STATE OF WASHINGTON COUNTY OF YAKIMA Master Application for ) MEMORANDUM OPINION Preliminary Plat Cottonwood Grove, ) by Summit Crest Contruction, and ) County No. SUB 99 -109 SEPA Appeal, Near 86 and Tieton EXAMINER NO. OU00 -4 -4 • This matter was heard on May 10, 2000. Summit Crest Construction, owned by Rich Hochrein, was represented by attorney James Carmody. A coalition of neighbors was represented by Ms. Hilary Franz, of Reed McClure in Seattle. The neighbors styled themselves as the Shaw Creek Conservation Association (SCCA). This is an application to subdivide approximately 27 acres into 99 lots, including 44 lots for single family common wall residents. The application also includes Class 2 review for the common wall units, under the Urban Area Zoning Ordinance. In addition, the SCCA has filed a SEPA appeal, arguing that an environmental impact statement is required to properly evaluate storm drainage, flooding issues, protection of Shaw Creek, status of a wetland area, the impact of common wall units, and the impact of traffic. The purpose of this opinion is to provide an indication to counsel of my recommendation to the Board of County Commissioners on each of these issues. As will be seen below, neither Mr. Hochrein nor SCCA will be completely happy with this decision. Given the nature of land use proceedings, a developer sometimes wishes to redesign in response to certain issues, and neighbors sometimes agree to collaborate or to refine their positions based upon redesign of the project. Whether that happens in this proceeding will be determined by counsel in negotiation with each other and the Planning Department. Upon receipt of this opinion, I suggest that counsel consult with each other and the Planning Department. I will appreciate a DOC. MEMORANDUM OPINION - 1 Wa C 3Chtl�it,_,. )117Itn EXAMINER a FOR THE / CITY AND COUNTY OF YAKIMA Page....4w. -- -01 POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 • written response from Mr. Carmody as to whether to prepare a written recommendation consistent with this opinion, or to reopen the hearing. 1. Common Wall Units. Due to compatibility conflicts, common wall units are denied on the east and north sides of the plat. This includes proposed lots 1 -37 through 1 -47, lots 2 -2 through 2 -9, and lots 2 -30 through 2 -33. This is without prejudice to relocate these lots to the interior or to the south property line. 2. Shaw Creek Buffer. The weight of the evidence does not support a 25 -75 buffer. The buffer for Shaw Creek shall be 50 feet on each side of the ordinary high water mark, together with such other distance as the developer chooses to add on the south side for flood protection purposes. 3. Preliminary Plat. The preliminary plat except as modified above is otherwise satisfactory. 4. SEPA Appeal. • 4.1 Flooding and Storm Drainage. Additional engineering work is required in order to identify how drainage and flooding issues will be dealt with. This is based upon the high water table of the area, and the documented history of flooding. The staff report proposal for a flood channel is not consistent with state law. The possibility of a berm to the west of the property has not been adequately explored. It is not clear to me that an environmental impact statement is required, but certainly a much more sophisticated drainage study is necessary. Although the logistics may be insurmountable, my initial preference is to have, an additional drainage study, and reopen the hearing, rather than jump through the procedural hoops of an EIS. 4.2 Shaw Creek. Subject to requiring a 50 -50 buffer, the SEPA appeal is denied. 4.3 Northern Wetland. The SEPA appeal is denied. My physical inspection indicates a four inch inside diameter pipe INDEX MEMORANDUM OPINION - 2 , ,:: ': " :" HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (5091 248.0706 • • • several feet from the leaking weir box. Approximately 45 yards (paced) down slope, in.a straight line, is the same appearing pipe. The pipe is broken on both ends. Water flows in the top end by the weir box, flows out the lower end, which is the up stream start of the wetland vegetation trending down the hillside. There are no culverts under Tieton Drive along the property frontage; The residential property north of Tieton is at a height equal to Tieton Drive, with no road side ditch. The canal which borders part of the subject property also parallels Tieton to the north. There is no indication whatsoever of any other source of water except the broken underground water main. Based upon all of the evidence, this is not a jurisdictional wetland, and the SEPA appeal is denied. 5. Traffic. The County Public Works Department in the application of their standard site distance studies will review and approve the road and driveway modifications consistent with existing guidelines. Further environmental study is not required. 6. Coualon Wall Units. Review of the common wall units is best handled under subdivision review, and has been resolved above. The SEPA appeal is denied. - 7. Phased Review. Additional review is not necessary or appropriate as to land which may be developed in the future to the south and west of this property. However, a more detailed storm drainage and flood control study may in fact utilize some of this land, in which case the study would be somewhat broader than this application. This aspect of the SEPA appeal is denied. DATED this 2 t day of June, 2000. Philip A. La Hearing Examiner DOG. INDEX MEMORANDUM OPINION - 3 # HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 95907 ! n91 74R -O7nA OFFICE OF THE HEARING EXAMINER YAKIMA COUNTY, WASHINGTON In Re: ) ) FILE NOS. SUB 99 -109 Master Application ) CUP 99 -81 of ) SEP 99 -36 SUMMIT CREST CONSTRUCTION ) for ) DECLARATION OF "COTTONWOOD GROVE" ) DENNIS E. COVELL I, Dennis E. Covell, declare: 1. I am a professional civil engineer licensed with the State of Washington. 1 am intimately familiar with the proposed Cottonwood Grove project and have provided Hydraulic Analysis and design for the development. 2. My professional experience has included substantial experience as professional engineer for municipalities and individual property owners. This experience includes fifteen (15) years as Director of Engineering and Utilities - City of Yakima (1980- 1995); five (5) years as City Engineer - City of Richland (1975- 1980); and eleven (11) years as engineer - State of Washington, Department of Highways - District 5 (now South Central Region - WSDOT). I am currently associated with the engineering firm of Gray & Osborne, Inc. 3. I have had an opportunity to review Shaw Creek Conservation Association's Response to Issues Raised at Re- Opened Public Hearing: Declaration of Hilary Franz; letter from Kenneth C. Mitchell dated November 27, 2000; letter from Ted Olsen, Department of Ecology at Floodplain Management dated November 20, 2000; and draft copy of Spokane County Stormwater Guidelines, Chapter 4. DECLARATION OF DENNIS E. COVELL - I , r JCCC:IDATA\ZONING \rch.dec.wpd If DEX /A Exhibit Page. .. of # • 4. As Director of Engineering and Utilities for City of Yakima, I coordinated development of the Yakima Metropolitan Drainage Criteria and Design Manual as well as the Yakima Stormwater Management Plan. The Drainage Criteria and Design Manual were adopted in 1994 as a product of a consultant study costing in excess of $300,000. The criteria has been utilized regularly for guidance and study of both public and private projects within the Urban Area of Yakima. In my experience, these guides have provided a basis for the exercise of sound engineering judgment. It is with this background, training and experience that I have analyzed the Cottonwood Grove project. 5. The Shaw Creek Conservation Association has provided a variety of comments upon Hydraulic Analysis and flood issues pertaining to the proposed subdivision. The comments are based upon incomplete information or understanding of the analysis, speculation, and a failure to understand the engineering and design of the project. I will try to clarify these points. 6. It is my intention to provide responses to arguments and assertions raised in the submittals by Shaw Creek Conservation Association. The assertion will be identified and my comments to follow the statement. 7. Shaw Creek Comment, ILA. "The Hydraulic Analysis Fails to Resolve the Significant Environmental Impacts of the Development on Flooding." Shaw Creek Response (pages 2 -4). Response: This contention is premised upon the misplaced and incorrect • assumption that "the Hydraulic Analysis proposes increasing the size of an on -site stream channel as a means of resolving flooding issues for all of Shaw Creek." The carrying capacity of Shaw Creek on site was expanded at the direction of Yakima County to provide a design capacity for carrying anticipated water flow from the area. By way of analogy, the on -site improvement was similar to building a new on -site road segment which is a part of an otherwise deficient road system. The off -site segments of Shaw Creed remain insufficient to carry all water. That is why there is upstream flooding - Shaw Creek (as currently configured) does not have a capacity to carry all overland flow. DECLARATION OF DENNIS E. COVELL - 2 000. JCCC: \DATA\ZONING \rch.dec.wpd INDEX .� • The on -site stream channel reconfiguration was not intended to resolve flooding issues. It was intended to convey water in Shaw Creek through the plat as well as provided a design capacity to handle all water if other portions of Shaw Creek are redesigned to provide full capacity at some time in the future. As indicated in the public hearing and Hydraulic Analysis, Shaw Creek is undersized to convey anticipated waterflow reaching this geographic area. The projected overland flow is calculated to be 194.6 cfs. Shaw Creek has a current flow capacity of 47 cfs. The incapacity results in overland sheet flow at various points on and off of the subject property. The channel configuration and capacity on -site will eliminate any over -land sheet flow from the channel on site (i.e., flow capacity on -site is 262.5 cfs). It will not, however, resolve channel incapacities either to the west or east of the site. There will be no stream overflow on site. Overland sheet flow that occurs to the west of the plat will continue to occur because Shaw Creek continues to provide insufficient carrying capacity. A significant portion of this overland sheetflowwill pass to the south of the plat. Design considerations, such as grassy swales will minimize any flooding that occurs on the plat. In no event, however, will overland sheet flow be collected and deposited upon adjoining properties. Kenneth C. Mitchell incorrectly asserts that the Hydraulic Analysis deals only with a drainage basin of 75 acres in size. The Hydraulic Analysis of drainage flow contained two (2) components: (1) overland flow for the basin of 148 cfs; and (2) maximum flow passing under Congdon Canal of 46 cfs. Congdon Canal acts as a barrier to the larger drainage basin and only water passing through the culvert will be added to the potential flow through Shaw Creek. The total natural overland flow is 194.6 cfs. This analysis and flow calculation was confirmed by Kent McHenry, Yakima County Public Works Department. 8. Shaw Creek Comment, II.A.2. "The Hydraulic Analysis Fails to Address the insufficiency of the Stream Channel Downstream :' Shaw Creek Response (pages 4 -5). Response: The analysis and argument offered by Shaw Creek Association is grossly inaccurate and unsupportable. It is contended that "the applicant proposed to increase the amount of water that is carried downstream by the DECLARATION OF DENNIS E. COVELL - 3 DOC. JCCC:IDATA\ZON ING1rch.dec.wpd I D B • channel ...." This is false. There will be NO INCREASE in either the amount or velocity of water carried downstream by Shaw Creek. Onsite channel (i.e., capacity expansion of Shaw Creek) is not intended to capture sheet flow that occurs either outside or within the plat. The channel will simply convey water within Shaw Creek through the subject property. Since Shaw Creek to the west of the subdivision has a flow capacity of only 47 cfs, it is only this capacity that will pass through the subdivision. The expansion of the channel was undertaken under the direction of Yakima County in order to provide a segment of Shaw Creek which had capacity to convey the full runoff from the area. Stated in another way, there would be no overland sheet flow (i.e., water escaping from Shaw Creek because of under capacity) if the entire length of Shaw Creek was designed to capacity level as that onsite. It is important to recognize, however, that the increased capacity on site does not increase the amount of water either reaching the property or leaving the property. Legal counsel states: Secondly, the proposed stream channel will capture additional water entering the channel as a result of ground water movement into the enlarged channel on the site. This comment is not supported by technical data and is grossly incorrect. There is no evidence of groundwater infiltration to the on -site channel of Shaw Creek. There is no evidence of high groundwater being intercepted by Shaw Creek. Contrary to assertions by legal counsel, high groundwater tables in the Yakima Valley can be expected at the peak or near the end of the irrigation season. The peak period is August of each year. Our testing for groundwater was conducted in August, 2000. The field pot holes were dug to approximately 12 feet in depth and revealed no groundwater during this time of highest groundwater. There is simply no evidence of groundwater movement into the enlarged channel on the site. Shaw Creek Association also incorrectly asserts that "the channel is expected to carry additional surface water from the increased impervious services created by the plat." The new channel will not carry additional surface water from impervious surfaces within the plat. An underdrain system is designed to accommodate all storm water runoff on -site and is completely independent of the creek channel. DECLARATION OF DENNIS E. COVELL - 4 DOC JCCC:IDATAIZONING1rch.dec.wpd INDEX 9. Shaw Creek Comment, II.A.3. "The Proposed Channel Will Channel An Increase Amount of Water that will Unlawfully Overtax the System Downstream." Shaw Creek Response (pages 5 -9). Response: Again, wrong. The new channel simply conveys water already in Shaw Creek. Drainage runoff from the plat is retained onsite and is not sent to the new channel. It is being handled by a separate underdrain system to retain storm water runoff onsite. There is no discharge of water from the site into the downstream channel for Shaw Creek that is different from or greater than the current water flow within the channel. The channel simply conveys the water in Shaw Creek through the property. The typography and testimony establishes that surface waters move in a southeasterly direction. A majority of the sheet flow passes outside or around the project site. 10. Shaw Creek Comment, II.A.4. "The Hydraulic Analysis Fails to Factor Into its Equation Numerous Additional Sources of Water." Shaw Creek Response (pages 9 -10). Response: The immediate drainage basin consists of only seventy -five (75) acres. As indicated in the public hearing, the Congdon Canal cuts off most of the flow from the subbasin. The Hydraulic Analysis considers two (2) components: (1) drainage from the immediate seventy -five (75) -acre basin; and (2) the maximum flow of water passing through two culverts under the Congdon Canal. This combination represents the full and complete extent of water passing into the subject area. Shaw Creek Conservation ignores the fact that the Congdon Canal cuts off most of the flow of the subbasin. The canal cuts across the throat of the subbasin,- thus effectively leaving only seventy -five (75) acres and the identified underflow of the canal continuously to Shaw Creek for hydraulic flow analysis. It is also significant that the majority of the Wide Hollow Basin lies to the south of the proposed development area. DECLARATION OF DENNIS E. COVELL - 5 J CCC: \DATA\ZON ING \rch.dec.wpd D O C. INDEX 11. Shaw Creek Comment, 11.A.5. "The Hydraulic Analysis Fails to Take into Consideration the High Water Table on the Subject Property." Shaw Creek Response (page 10). Response: The Hydraulic Analysis and investigation specifically evaluated contentions of a high water table on the site. The excavation on the plat included five (5) test holes. The holes were dug during the height of the irrigation season and there was no evidence of high water table as asserted by project opponents. No water or excessive moisture was found at any location /depth in the test holes. • Legal counsel makes the interesting observation that "...There is still a question that this property has a high water table." The specific assertion is as follows: There is a seasonal variation of the groundwater table. The water table will fluctuate based on the wet season. To obtain an accurate measurement of the water table, the test holes should be taken during peak wet season, rather than in August when one can safely assume the water table was at or near its lowest levels, not its highest levels. This observation might be true for Western Washington but it certainly is not true Eastern Washington. The highest water tables in the Yakima Valley are expected at the peak or near the end of the summer irrigation season. The test holes were dug in August, 2000, the height of the irrigation season. Groundwater levels would be at their highest at the time of our testing. There is simply no factual evidence to support an assumption that the proposed stream channel depth intercepts a groundwater table and increases flow within the channel. 12. Shaw Creek Comment, 1I.A.6. "Use of the Rational Method is a Questionable Method of Analysis for this Property." Shaw Creek Response (pages 11 -12). Response: As City Engineer for the City of Yakima, I directed the preparation of the Yakima Storm Water Management Plan and Yakima Metropolitan Drainage Criteria and Design Manual. Development of these standards for the urban area was accomplished at a study cost of approximately $300,000. All were adopted in 1994 and have governed stormwater management and planning (both public and private projects.) DECLARATION OF DENNIS E. COVELL - 6 DOC; J CCC: \DATA\ZON IN G \rch.dec.wpd INDEX # l a. The plan and design manual authorize the utilization of the rational method of hydraulic analysis for small drainage areas. The method is utilized in our community to evaluate small drainage areas. It is recognized that utilization of the rational method of hydraulic analysis on larger areas may result in an over - estimate of the rates of flow because storage and subsurface drainage flow are not taken into consideration in the run -off hydrograph. In effect, the rational method offers a more . conservative analysis (i.e., possible overstatement of rates of flow) in situations such as those presented in this case. The rational method was utilized in this case based upon plan authorization and professional judgment. • Spokane County does not offer the same levels of snow fall and rain fall as our community. The draft materials provided are simply not applicable to this environment. 13. Shaw Creek Comment, IIA.7, "Use of dry wells and drainage pits to resolve the storm water impact, without more, is inadequate to mitigate significant impacts." Shaw Creek Response (pages 12 -13). Response: No dry wells are proposed for the plat development. Exfiltration pits are designed to handle storm runoff from impervious areas of the plat based on a 24 -hour rainfall at 25 -year design. The design of the exfiltration pits was in accordance with Yakima Metropolitan Drainage Criteria and Design Manual. DATED this 8.- day of December, 2000, at Yakima, Washing -ton. • 1 Lb) 1A. • - ` NIS E. OVE DECLARATION OF DENNIS E. COVELL - 7 JCCC: \DATA\ZONING \rch.dec.wpd f INDEX YAKIMA COUNTY PLANNING DEPARTMENT STAFF REPORT May 1, 2000 NAME OF DEVELOPMENT: "Cottonwood Grove" PROPERTY OWNER/ APPLICANT: Summit Crest Construction (Rich Hochrein) P.O. Box 910 Yakima, WA 98907 PARCEL NOS.: 181330 -12012 and portion of 131330 -13002 SURVEYOR: Thomas F. Upton STAFF CONTACT: Todd Stowell FILE NOS.: The applicant submitted a Master Application as pennitted by YCC 16B.03.060, composed of the following requested actions: SUB 99 -109 (Preliminary Long Plat) CUP 99 -81 (Class 2 Review for Common Wall units) SEP 99 -36 (Environmental Review). PROPOSAL: To subdivide approximately 27 acres into 99 lots, consisting of 55 lots for single - family detached residences and 44 lots for single- family attached (common wall) residences. Most of the lots for single - family detached residences range from 7,000 to 10,000 square feet. The lots for the common wall units generally range from 5,000 to 6,250 square feet. LOCATION: The property is located on the south side of Tieton Drive, 300 feet east of the intersection of South 88th Avenue. HEARING EXAMINER JURISDICTION: This application comes before the Hearing Examiner on JVIay.10, 2000 as a Master application pursuant to Yakima County Code Sections 16B.03 (Reg. Reform) and 15A.11.110 (Yakima Urban Area Zoning Ordinance, Master Applications). The master application consists of the preliminary plat application and the Class (2) application for the common wall units. The Hearing Examiner will conduct an open record public hearing on the master application, formulate a recommendation, and forward such recommendation to :the Board of County Commissioners who will then consider the Examiner's recommendation at a closed record public hearing. The environmental review (SEPA) determination will only be considered by the Hearing Examiner if it is appealed. If the SEPA determination is appealed, it will be considered by the Hearing Examiner at the scheduled hearing. Unlike the preliminary plat and Class (2) applications, the Hearing Examiner's decision on a SEPA appeal is final, unless appealed. ;. - -..:. .. E,LED.. ;�' `' _ . EW'N EXAMINER _ O 1�1Q ; 4 FILL N. Cottonwood Grove SUB 99 -109 Page 2 of 19 FILE HISTORY: While this staff report will focus on the current proposal, this project has been through substantial review and revision. The process history for this project is outlined below: May 28, 1999 A request to hold a Design Review Team (DRT) meeting was submitted. June 23, 1999 The DRT meeting, involving the applicant and agencies with jurisdiction and expertise was held to review the proposal. September 10, 1999 The preliminary plat application, SEPA checklist, and Class (2) applications were submitted, incorporating DRT recommendations. September 24, 1999 Outstanding fee for Class (2) review was submitted. October 7, 1999 Notice of proposal, completeness, comment period on SEPA, and hearing sent. Hearing was set for November 18, 1999. October 25, 1999 The October 7 notice was resent to an expanded mailing list. It included a cancellation of the November 18 hearing. December 1 & 10 Meetings held with various agencies and the developer regarding the newly discovered "stream ", known as Shaw Creek. Previously thought to be an irrigation ditch. Stream status caused the plat to be redrawn. December 30, 1999 Revised plat and supplemental narrative submitted. January 12, 2000 Missing title report submitted. February 11, 2000 Preliminary MDNS sent out along with notice of the revised preliminary plat and the Class (2) application. April 24, 2000 Property posted with notice. April 25, 2000 Final MDNS issued along with notice of the May 10 public hearing. PROPERTY CHARACTERISTICS: Other than an existing residence on proposed Lot 2 -1, the subject property is vacant. The property is crossed by Shaw Creek, a Type III stream not previously identified by the :Critical Areas Atlas. Within the current proposal there are about 7 acres north of the creek and 20 acres south of the creek. The area south of the creek is in active alfalfa production while the area north of the creek has recently lain fallow. TOPOGRAPHY: A topographic map with 10' contour lines is included in the Hearing Examiner's packet. The highest portion of the property is along the canal in the northwest portion of the property. From there the property slopes gradually downward to the east and south, leveling out by the time'it reaches Shaw Creek. ZONING: The property is subject to the Yakima Urban Area Zoning Ordinance, which designates it as Single- family Residential (R -1). Prior to December 8, 1998, the property had been zoned Suburban Residential, which differs from the R -1 designation by the type of uses permitted, but not by density (lot size). The property has been within the Yakima urban growth area since the original Yakima urban area was established in 1986. • NEIGHBORING PROPERTIES: The characteristics of the neighboring properties are as follows: 2 3� 'j4; • • Cottonwood Grove SUB 99 -109 Page 3 of 19 Location Zoning Present use To North R-1* Single - family residences across Tieton Drive. To East R -1 Single- family residences, pasture. To South R -1 Vacant. To West R -1 Single- family residence to northwest, otherwise vacant. • Single- family Residential ENVIRONMENTAL REVIEW: Environmental review was conducted as required by the State Environmental Policy Act (SEPA) and a Mitigated Determination of Nonsignificance (DNS) was issued for the project on April 25, 2000. The appeal period for the environmental determination ends at 5:00 p.m., May 9, 2000. If an appeal on the environmental determination is received, the SEPA appeal hearing will be consolidated with the open record, preliminary plat hearing; otherwise, environmental review for the proposal will be complete. If a SEPA appeal hearing does occur, all testimony must be sworn and the Examiner's decision on the SEPA appeal will be final, unless appealed to the Board of County Commissioners. COMMENTS FROM ADJACENT PROPERTY OWNERS: Between the several comment letters and petitions submitted about the project, about 150 people commented on the proposal. Planning staff has read and considered all of the letters and petitions in preparing this report. With the exception of one, all comments were decidedly against the project. The one letter of support was conditioned on the preservation and enhancement of Shaw Creek. A general listing of the concerns is provided below: • Future phases not addressed (applicant is partial owner in several acres to south and west) • Environmental checklist not complete enough/ EIS should be required • Classification of Shaw Creek as a natural stream, protection required • Air pollution (dust during construction and vehicle emissions after) • Increase in impervious surface, runoff • High groundwater • Past flooding of Shaw Creek/ Floodplain study needed • Flooding from snowmelt over frozen ground • Wetland on north portion of property • Contamination of groundwater from runoff, stormwater control systems • Loss of wildlife habitat (open fields) • Potential salmon habitat • Loss of agriculture land, open areas • Lot sizes too small, not compatible with surrounding lot sizes • Impacts to surrounding land values • R -1 zoning of property is inappropriate • Height of proposed structures are too tall/ Obstruction of views will result • Continuous row of common wall units against development to east • Noise from development • Additional light from streetlights Cottonwood Grove SUB 99 -109 Page 4 of 19 • Recreational use of property lost • Inadequacy of Tieton Drive in current condition • Poor sight - distance, high accident rate at Tieton Drive location • Against use of Midvale Road for access • Traffic congestion in general • Increased demand for public services (fire, police) • Overcrowding of schools • Additional taxes to pay for schools and public services • Request for impact fees Planning staff has addressed the neighbor concerns in this staff report to the extent feasible under current land use regulations. PROJECT ANALYSIS: The following topic -by -topic analysis reflects the current proposal, which has been continually modified based on neighbor and agency comments. The current proposal addresses several of the past concerns. Shaw Creek as a Critical Area Feature: It is now well established that Shaw Creek is a Type 3 Stream and is subject to regulation by the Department of Fish and Wildlife and the Yakima County Critical Areas Ordinance. The location of Shaw Creek through this property and to its confluence with Wide Hollow Creek is not in its natural course. It has been re- routed to the north where it runs eastward until it reaches 80 Avenue. From there it runs to the south in the bar ditch until it enters a culvert under 80 Avenue just south of the Nob Hill intersection, crossing to the bar ditch on the east side of 80 Avenue until entering another culvert at the old Y.V.T. right -of -way, running out of the culvert, turning eastward to run through an excavated channel just south of the Wide Hollow Road intersection and finally into Wide Hollow Creek. The preliminary plat proposal includes the required vegetative buffer /setback from Shaw Creek. The standard setback from a Type 3 stream is 50' from the ordinary high water mark. Discussions with the Department of Fish and Wildlife have led to the "offset" buffer requirement, with at least 25' north of the stream and 75' south. Excavation of the stream channel is proposed to provide capacity for floodwater storage and a dike to provide protection of property downhill of the stream (see cross sections in Exhibit `B' of the MDNS). The buffer area will be planted by the developer with native vegetation prior to final plat approval according to a plan approved by the Department of Fish and Wildlife. The number of roads crossing the stream has been reduced to one. The bridge crossing (including utilities), stream excavation, and buffer adjustments (offsetting the buffer) will require approval of a critical area development authorization, under the County Critical Areas Ordinance. A permit from 1 Type 3 streams include all perennial fish and non -fish bearing streams not otherwise classified as Type 1 or Type 2 streams. The range of stream types is 1 through 5, with 5 being the least significant. For a full description of all stream types see Section 4.22 of the Yakima County Critical Areas Ordinance. 4 3(p61.<10. • Cottonwood Grove SUB 99 -109 Page 5 of 19 the Depai talent of Fish and Wildlife will also be required for the bridge /utility crossing and the stream excavation. Both agencies have indicated that they are generally favorable of the idea and are willing to work out the details with the developer. Other agency approvals may also be needed. Protection of the stream segment through this property is addressed. • STAFF NOTE: For informational purposes, but beyond the scope of the current application, we will introduce what we believe is a long -term answer for Shaw Creek. To put it bluntly, Shaw Creek needs to be relocated to a more natural location. The section of Shaw Creek from the east boundary of this property to its confluence with Wide Hollow Creek is an environmental nightmare. It is bordered by several lawns (fertilizer and chemical runoff); has very few shaded areas (increases water temperature), has little or no vegetation along its banks (lack of erosion control and habitat for aquatic creatures), runs through several culverts, borders major roadways (collects everything that runs off the road —heavy metals, petroleum products, toxic chemicals), and floods areas that may not otherwise flood. The current proposal can proceed without forestalling the potential to relocate Shaw Creek, as the more natural stream course is outside the boundary of the preliminary plat, to the west. Future development in the area, public road projects, and environmental preservation programs may all potentially contribute to the relocation of Shaw Creek. However, the timing of the Shaw Creek relocation is not timely. Coordination and funding schedules will likely delay it for at least a few years. Flooding, Runoff and Legal Rights: There are two legal principles that apply to dealing with flooding and runoff. First, property owners have a right to protect their property from floodwaters originating from other properties; or, at the risk of oversimplifying, if water comes onto a property, the owner has a right to let itpass through, at which point it becomes the neighbor's problem to control and pass through onto the next neighbor and so forth. The second principle is that runoff created by development is required to be retained within the boundaries of the subdivision (see Yakima County Code 14.44.090). The application of these two principles deteiniines how the developer is required to deal with the flooding issues raised by the neighbors. Flooding of Shaw Creek: Evidence seems to indicate that the channel of Shaw Creek is not large enough to handle any significant flood event. Therefore, to the west of this proposal water flows out of the banks of Shaw Creek and heads southeast, in a sheet flow across much of the subject property and onto the properties to the east. As this water originates from other properties the developer has a right to let it pass through his development. The exact manner will be deteiiiiined by the grading plan and flood protection measures identified by the MDNS, but generally it involves the capture of floodwaters at the west property line, most likely through the use of a low dike, with an opening to a flood channel that will take the floodwaters through the property to east property line at Midvale Road. The flood 5 3(32--).ac- Cottonwood Grove SUB 99 -109 Page 6 of 19 channel is tentatively planned to run along the north boundary of Phase 2. The west end of the flood channel will be designed to control the amount of floodwater that flows through the flood channel so that it does not exceed historical amounts. Floodwater in excess of the historical amount will be diverted at the west boundary of the plat southward and around the plat boundaries where it is expected to spread out over the flat farmland before continuing to the next properties. Stormwater Runoff Several neighbors also expressed concern that the added impervious surfaces from the development will result in increased flooding of the neighboring properties. In addition, the high water table may not allow the use of conventional methods of stormwater control. This is where the second principle applies. The MDNS specified that stormwater control measures must be provided to retain stormwater on site. The stormwater facilities are to be designed by a professional engineer to handle a 25 -year storm event. The methods to be used will need to be acceptable to the County in order for the subdivision to receive final plat approval. The "Wetland" on the North End of the Propertv: Neighbor and agency comments indicated the presence of a potential wetland at the north end of the property. The subject was researched and the property inspected. Planning staff discovered three sources of water that feed the "wetland" —all of which are artificial. Therefore, the wetland is not natural and is not subject to protection. One source is an old irrigation box at the northwest corner of the property that appears to leak. The second source is an abandoned irrigation pump and valve assembly located next to the irrigation box, which also leaks. It is connected to a pipe that is part of the active buried irrigation lines which leaks when the irrigation lines are pressurized. The third source of water was found about 10 feet west of the culvert that comes under Tieton Drive near the middle of the north property line. Water was found coming out of a broken, 4" metal pipe running parallel with Tieton Drive. The developer will excavate the pipe to determine its source prior to the public hearing. Access — Tieton Drive and Midvale: All access is currently proposed off of Tieton Drive. Public Works has reviewed the proposal and calculated expected traffic impacts. Their calculations indicate that a left -turn storage pocket is needed to serve the development on Tieton Drive. The County is in the process of finalizing a project to improve Tieton Drive to a 4 -lane, urban arterial standard: The Developer and County are cooperating so that the left -turn storage pocket can be constructed with the rest of the Tieton Drive improvements. The left -tum storage pocket will be financed by the developer. The re- construction of Tieton Drive is also taking into account and improving the sight- distance at the proposed access connection with Tieton Drive. Limited sight- distance is one of the significant issues raised by the neighbors. Midvale Road is not proposed for access at this time; however, the County intends for Midvale Road to be widened and turned into a County road. All past land divisions along Midvale Road have been • • Cottonwood Grove SUB 99 -109 Page 7of19 based on this fact. The primary reason why Midvale is not already a County road is that the previous owner of the Cottonwood Grove property was never willing to dedicate his 16 1/2' strip of land for right -of -way. As a result the current situation has developed —three side -by -side roads, none of which is built to the full county standard. This proposed subdivision will result in the 16 strip being dedicated as right -of -way but there are still a few gaps in the right -of -way that must be obtained before Midvale Road can be constructed to its full width and connect to the Cottonwood Grove property. The 16 1 /2' strip serves as current access to the property. It may be used until such time as the plat is completed and the other roads are built. However, after that time, it will need to be barricaded until such time as Midvale Road becomes a County Road. Otherwise, the 16 '/2' gravel strip would likely be used by residents of the Cottonwood Grove subdivision. Interior Roads: The applicant proposes to construct and dedicate all interior roads as County roads. As specified on the preliminary plat, the dimensions of the roads are as follows: Road Name Road Standard Width of asphalt Right -of -way 8 8 Avenue. Urban Collector Arterial 35' 70' 87 /MacLaren, N. of Shaw Cr. Urban Collector Arterial 35' 60' Midvale Road Urban Access 30' 50'* All others, including stub -outs Urban Access 30' 50'* *Provided the road improvements fit within a 50' right -of -way. The Preliminary Plat also indicates that the maximum slope of any road will be 6 %; yet, existing grade is near 12% on the north sections of 87 Avenue and 88 Avenue. The County standard limits the maximum slope to no more than 12 %, although flatter slopes are more desirable. All roadways, including the bridge crossing of Shaw Creek and the crossings of the flood control channel, will be designed by a professional engineer and the plans reviewed by the County Engineer. Their construction must be overseen and inspected by Public Works in order for the roadways to be accepted into the County road system by the Board of County Commissioners. Utilities: Water: The applicant proposes to serve all lots with water from the Nob Hill Water Association facilities. The Nob Hill Water Association has verbally indicated both a willingness and ability to serve the development. Connection into the existing Nob Hill Water system will likely occur at both Tieton Drive and Midvale Road. Sewage disposal: The City of Yakima has verbally indicated that they are willing to serve the development and that the sewer will be able to be gravity flow. Connection will likely be into either an existing line in Midvale Road or directly into the West Valley interceptor line at the south end of 83` Avenue. 7 # .__ • Cottonwood Grove SUB 99 -109 Page 8of19 Irrigation: The developer does not intend to install an irrigation distribution system; therefore, it was not fully researched to see if the subject property has shares within the Yakima Valley Canal Company (Congdon Canal) or Yakima - Tieton Irrigation District. Irrigation will need to be accomplished with Nob Hill water. Electrical, telephone, and garbage service: It is assumed that electrical service, telephone service, and garbage service will also be available, as these services are located in the area. Clean Air: Dust control during construction will be the responsibility of the developer. Prior to commencing construction the developer will need to file a dust control plan with. the Regional Clean Air Authority for their review and approval. Enforcement of the dust control measures will be made by the Clean Air Authority (or Department of Ecology if the Clean Air Authority ceases to exist). Design Standards: The following lots size requirements apply in the R -1 zoning district (specified in Table 5 -2 of the Yakima Urban Area Zoning Ordinance): Minimum lot size for detached single - family dwellings: 7,000 sq. ft. Minimum lot size for attached single - family dwellings: 5,000 sq. ft. Minimum lot width (measured at front setback): 50 feet (Note: Standards are subject to the property being served with public sewer & water.) The preliminary plat has a few lots that do not meet these standards, specifically Lots 1 -55, 1 -45, 1- 46 and 1 -47. These lots must be enlarged to meet the minimum sizes specified above. Development on the lots is subject to the site design requirements and standards of Table 5 -1 of the Yakima Urban Area Zoning Ordinance. The developer should expect the following requirements: Front setbacks: 45 ft. from the centerline of the local access roads, 20' from the edge of the cul -de -sac right -of -way, and 20' from the edge of the 88 Avenue right -of -way. Side setback along roads: 40 ft. from centerline of all local access and collector roads, except 88 Avenue, which is 20' from the edge of the 88 Avenue right -of -way. Side setback from property line: 5 feet, except for any common wall units at their shared property line. Rear setback from property line: 20 ft, for the main structure, 5 ft. for detached accessory buildings (but not on utility easements). Maximum building height: 35 ft. Maximum lot coverage: 45% Minimum lot width: 50 ft. Since adjustments to these standards are sometimes granted, and because the standards themselves could change, these items should not be shown on the final plat. No adjustments have been requested at this time. 8 369 f INDEX Cottonwood Grove SUB 99 -109 Page 9 of 19 Each lot is provided with a building envelope, but it is up to the developer to ensure that the plat layout provides building envelopes of the size necessary for his intended structures and lot coverage. • Attached Single - family Residences (Common Wall Units): As part of his master application, the developer has included a Class (2) application for construction of 44 attached single - family dwellings (common wall dwellings). An attached single family dwelling is a residence that is attached to one other residence, but with each residence on its own individual lot. In other words, it is the term the Yakima Urban Area Zoning Ordinance uses to describe a duplex, with each dwelling unit on its own lot. Common wall dwellings are proposed in Phase I on Lots 1 -10 through 23, Lots 1 -37 through 46 and Lots 1 -61 through 66 (30 common wall dwellings). In Phase II they are proposed on Lot 2 -9, Lots 2 -14 and 15,, and Lots 2 -30 through 33 (14 common wall dwellings). This essentially represents all of the lots along the west property line, and a majority of the lots lining the east and southeast boundary of the plat. Attached single - family dwellings are listed as a Class (2) use in the R -1 zoning district. In order for the Class (2) use to be permitted it must be demonstrated that it complies with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district, and the provisions and standards of the zoning ordinance. The Objectives of the Comprehensive Plan - The site and surrounding area is designated Low Density Residential by the Yakima Urban Area Comprehensive Plan. Low density residential is primarily single- family detached residences, but may include duplexes or other similar structures. Residential density is less than 7.0 dwelling units per acre. This proposal contemplates an overall density of 5.1 units per net residential acre, well within the allowable limit, using a combination of single - family attached and detached residences. General concepts in the comprehensive plan and Growth Management Act include encouraging urban level development in areas where adequate public services can be provided, and providing for a variety of housing opportunities. The Intent of the Zoning Ordinance - The intent of the R -1 zoning district mirrors the comprehensive plan, in that it identifies the zone as primarily for detached single- family dwellings, but may include moderate - density residential development (duplexes and common wall units) at up to 7 dwelling units per acre. 2 As some background, the Yakima Urban Area Zoning Ordinance utilizes a land use table to classify land uses according to their level of review. Class (1) uses are considered pernutted uses and are automatically allowed so long as they meet the standards of the zoning ordinance. Class (2) uses are generally permitted, but compatibility between a Class (2) use and the surrounding environment cannot be determined in advance and occasionally a Class (2) use may be incompatible at a particular location. Class (3) uses are generally not permitted, but may be allowed in limited instances. The final category is "Uses not permitted ". 9 DFX • Cottonwood Grove SUB 99 -109 Page 10 of 19 The provisions and standards of the zoning ordinance - The development meets, or will be modified to meet, all development standards of the Yakima Urban Area Zoning Ordinance (UAZO). • Compatibility - Compatibility of the common wall units with neighboring land uses must also be considered. As a source of comparison, the developer has constructed several common wall units in his Midvale Court development, located southeast of 80 and Midvale. The common wall units on the south side of Olmstead Court are likely similar in construction to those proposed in this development and are located on lots measuring 54' by 100'. Several of the common wall units in the Cottonwood Grove proposal measure 50' by 100' or 50' by 125'. The developer has also constructed common wall units in his development at 72n Avenue and Chestnut. The quality of construction of the proposed units is comparable to several of the surrounding residences and the architectural design makes the units appear much like single - family detached homes. As far as the size of the connected common wall units, the two dwelling units together may be slightly larger than an average single- family detached residence; yet, there is nothing in the zoning ordinance that would prohibit a single - family detached residence from being as large or as tall as the common wall structure. Nevertheless, Planning staff is somewhat concerned about the location of the common wall units along the east property line. The application indicates that they are to be a buffer. `Buffers" are generally a method of transitioning between more intensive land uses and less intensive land uses. In this case the "buffer" is between single - family development within the proposal and single- family development outside of the proposal. The developer and/or his representatives will need to describe why the common wall units are located against this property line rather than interior to the • development. . . Planning staff is not concerned with the common wall units along the south and west property lines, • as the neighboring property is vacant and at least partially owned by the same developer. Sitescreenina: Application of the sitescreening standards of the zoning ordinance suggests that Sitescreening Standard `A' should be required along the property lines separating the common wall units from adjoining single- family residences. Sitescreening Standard `A' consists of a 10' wide landscaped strip with trees planted 20 to 30 feet on center. Due to several neighbor comments pertaining to blocked views, public comment should be received on whether or not this is an appropriate standard. Planning Staff believes that a 6' high wood or masonry type fence would be more appropriate. 10 INDE-y. 9 • Cottonwood Grove SUB 99 -109 Page 11 of 19 CONSISTENCY ANALYSIS (Y.C.C. 16B.06.020) In response to RCW 36.70B, the State Regulatory Reform Act, Yakima County adopted Yakima County Code Title 16B, a regulatory reform ordinance that was effective July 31, 1996. Among the regulations of the ordinance is a requirement for consistency with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan. During project review, Yakima County or any subsequent reviewing body must not re- examine alternatives to, or hear appeals on the items identified in the four items below, except for issues of code interpretation. a. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied; Conclusion- Detached single - family residences are a permitted use at this site, subject to conformance with the regulations of the zoning ordinance and building codes. Also, the attached single- family residences (common wall units) may be peimitted, subject to the requirements of Class (2) review. b. The level of the proposed development, such as units per acre, density of residential development, or other measures of density; Conclusion- The proposed lot sizes, with the exception of the four lots previously identified, meet the requirements of the adopted development regulations. The four substandard sized lots will need to be enlarged to meet the applicable minimum lot size. The contemplated density is within the limits set by the zoning ordinance and comprehensive plan (less than 7.0 units per acre). c. The availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; Conclusion- Public sewer and water service can be provided as described previously; internal access and stormwater retention facilities will be provided as part of the subdivision; and Tieton Drive with its scheduled improvements is capable of serving this proposal. d. The character of the development, such as development standards. Conclusion- The proposal will meet all adopted development standards, including building setbacks, lot coverage, lot width, building height, road construction requirements, and stormwater retention. The . detached single - family lots will meet minimum lot size requirements. The lots for the common wall units will meet minimum lot size, provided the common wall units are approved. 11 3 ?.2 DOC INDEX c ,L� Cottonwood Grove SUB 99 -109 Page 12 of 19 RECOMMENDATION Based on the above findings, the Planning Department recommends that the master application consisting of SUB 99 -109 (preliminary plat) and CUP 99 -81 (Class 2 use), entitled "Cottonwood Grove" be approved subject to the following conditions: • Conditions of MDNS: The conditions of the MDNS are included as conditions of preliminary plat approval and are listed herein. However, these conditions have been established through environmental review and are not subject to additional review or appeal, except as may occur through the filing of a SEPA appeal on the environmental determination. A. Critical Areas Setbacks and Protections The Type 3 stream (known as Shaw Creek or Shaw Ditch) on this property supports fish, and is protected by the Yakima County Critical Areas Ordinance (YCC 16A.04.02). The items listed below are required unless modifications are made to the stream to re- establish a natural stream corridor in another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues, and lots may be reconfigured appropriately. (i) Generally, a 50 -ft. wide building setback and vegetative buffer is required from the ordinary high water mark on either side of the stream. However, to accommodate variations in the adjacent topography (the north stream bank is steeper than the south), the buffer may be modified to be wider on one side than the other. At no point will the buffer be less than 25 ft. from the ordinary high water mark. The buffers widths for both sides of the stream must add up to 100 -feet or more. (ii) The stream corridor through the property shall be restored through reconstruction of the channel to a more natural form and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross - section shown on the Ditch Management and Protection Zone drawing provided by the applicant (see Exhibit B of MDNS). The reconstruction shall.be accomplished such that the channel is returned to its current configuration prior to leaving the property, and structural measures provided to maintain the transition. The revegetation should be performed using the recommendations in the Dept. of Fish and Wildlife letter of Dec. 20. 1999 (see Exhibit C of MDNS). (iii) Prior to final plat approval, Critical Areas Development Permits from Yakima County shall be obtained for the proposed stream crossing for S. 88 Avenue (as extended in the future) and the utilities, for the stream corridor restoration work, and to modify the vegetative buffer widths. All permits that may be required by other agencies (e.g. Dept. of Ecology, Dept. of Fish & Wildlife, Corps of Engineers) must also be obtained. Environmental review of details of the critical areas work is adequately covered in the review of the critical area permit. (iv) The final platting and critical areas permitting processes shall ensure that the vegetative buffer is effectively protected by fences and either open space easements or land ownership that is held in common or held by a conservation organization. 12 3-13 • DOC. INDE • • Cottonwood Grove SUB 99 -109 Page 13 of 19 B. Stormwater and Drainage Control A stormwater and drainage control plan shall be provided for the entire property prior to construction of improvements for any area of the development. The plan shall: (i) Be developed by a licensed professional engineer in consultation with the Planning and Public Works Departments. (ii) Provide for separation of stormwater and floodwater, where applicable. (iii) Provide on -site retention and treatment of the increased stomiwater runoff generated by both residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. • (iv) Use a 25 -year design storm. (v) Use runoff coefficients that appropriately estimate runoff from impervious surfaces, residential lawns (generally less pervious than agricultural fields), etc. (vi) Provide the location, description, and design of water management structures (drainage swales, retention ponds, dry wells, etc.). C. Flood Protection This property is not located within a Federal Emergency Management Agency (FEMA) mapped floodplain. The Washington State Dept. of Ecology indicates that the causes of floodwater accumulation on this property lie outside the conditions normally used to establish flood hazard areas. Nevertheless, there is historic evidence of flooding on the low -lying areas of this property, generally located south of the stream. The following flood control measures are required: (i) A flood flow channel shall be established in the vicinity of historic flood flow paths. A location generally along the north line of the second phase of subdivision is acceptable. However, at a minimum the channel needs to begin in the middle section of the west property line, and end in the vicinity of Midvale Road extended. (ii) An easement shall be established on the Final Plat that provides long term protection of the flood flow channel, unless an alternate flow path is established outside the subdivision at some point in the future. (iii) Fences, structures, driveways, etc. shall not encroach on, or obstruct the flood flow channel. • (iv) The area within the easement shall be modified through grading to direct flood flows through the development. The channel shall consist of a flat bottom 20 feet wide and at approximately 1 foot deep, with sloped sides for a total width of 30 feet. Entry and exit points of the channel shall be gently merged into existing grades to minimize ponding or erosive headcutting. Alternative and similar configurations may be considered. (v) The channel shall be constructed with a minimum of excavation or filling. (vi) Street crossings for the flood flow channel shall meet public works sizing and design standards. D. Grading Plan A Grading Plan shall be submitted for the entire property prior to construction of improvements for any area of the development. The plan shall: 13 341/ DOG, INDEX it b.: Cottonwood Grove SUB 99 -109 Page 14 of 19 (i) Include the design and construction of the water management structures needed to meet the Stormwater and Drainage Control requirements. (ii) Include provisions to meet the Flood Protection requirements, if any. (iii) Include all proposed modifications to the Type 3 stream and associated buffer. (iv) Include methods to control dust consistent with the Yakima County Clean Air Authority standards. (v) Include strategies to deal with the soil limitations listed in the NRCS soil survey for Yakima County, or demonstrate why the limitations do not apply. Of particular interest are wind and water erodability and potential hardpan limitations. The strategies should include phasing or similar methods to limit the amount of exposed soils at one time. (vi) Exclude material from the stream corridor and any associated buffer, except as approved through a Critical Areas Development Permit. Excess material excavated from the project area south of the stream may be used to make necessary grade changes north of the stream. E. Traffic (i) A left -turn storage pocket for the Tieton Drive / 87 Avenue intersection shall be provided as specified by the County Engineer. If the improvements are constructed as part of a County road project, the developer shall contribute funds equal to the cost of improvements. (ii) Additional right -of -way shall be dedicated such that the total width of right -of -way is 35 feet from the centerline of Tieton Drive in order to accommodate the turn pocket and fill slopes. Phasing: 1. The project may be completed in two phases as proposed, or as one phase. If the project is phased, then the conditions listed herein apply according to what phase . they are located in. The first phase may be completed and recorded without the conditions that apply to the second phase being completed. Critical. Area Protection: 2. The required buffer area of Shaw Creek shall be planted with native vegetation in accordance with the specifications of the MDNS prior to final plat approval. 3. Prior to final plat approval, a 6' high fence shall be installed along the north and south boundaries of the Shaw Creek critical area buffers. Additional Stormwater Requirement: _ 4. In addition to the MDNS requirements relating to stormwater control, the location of the stormwater control and retention facilities shall adequately consider and provide separation from Shaw Creek, so as to reasonably avoid contamination of the creek— either by surface flow of stormwater (25 -year event or smaller) or subsurface movement,of contaminants. For example, we do not want all of the stormwater collected and sent to a location 10 -feet from 14 DOC, INDEX 0 Cottonwood Grove SUB 99 -109 Page 15 of 19 • Shaw Creek. Multiple stormwater collection and retention systems may be needed on the hillside above the creek, rather than one large system, or possibly all of the stormwater north of Shaw Creek could be collected and piped to the south portion of the plat for retention. The details will need to be included in the stoiruwater and drainage plan, which is further outlined in the MDNS. Flood Protection /Control Easements: .5. The width of the flood channel easement through the plat shall be 30', or more, so as to include the entire flood channel. 6. An off -site easement shall be established for all flood protection /control features located outside of the plat. The language and extent of the easement must be reviewed and approved prior to construction of the off -site flood protection/control features. If there are additional flood protection /control features within the plat, other than the flood channel identified in Condition #3 above, then easements must be established for them as well. Streets: 7. After the necessary grading permits, critical area authorizations, and other road related authorizations are obtained, the interior roadways shall be constructed to the following County standards (specifications are attached): Public Road Name Standard Road Section Right -of -way 88 Avenue No. 2 (Urban Collector Arterial) 70' 87 /MacLaren, N. of Shaw Cr. No. 2 (Urban Collector Arterial) 60' Midvale Road No. 4 (Urban Access) 50'* All other interior roads No. 4 (Urban Access) 50'* *Provided the road improvements fit within a 50' right -of -way. 8. The roadways shall include all improvements indicated in the attached roadway sections, including curb and gutter, sidewalk on one side of the streets, and streetlights spaced according to the County standard. • Barrier curb and gutter shall be used along 88 MacLaren, Midvale and that portion of 87 that is north of Shaw Creek. Rolled curb may be used on all of the other streets; however, if the road connects to any other road that has barrier curb, the barrier curb must be extended around the curb radius. A gradual transition shall be made at all locations where the barrier curbing and rolled curbing meet. • The sidewalk locations shown on the preliminary plat meet the standard, with the exception of a missing segment on the east side of the northern stubout of 88 Avenue, which also must be provided. Sidewalks at all driveways and along all rolled curb shall be at least 6" thick. All other segments of sidewalk need only be 4" thick. Handicap ramps shall be provided in all sidewalks at intersection corners. 15 INDEX • Cottonwood Grove SUB 99 -109 Page 16 of 19 The county standard for streetlights is to locate them at all intersections and at the ends of all cul -de -sacs. Additional streetlights are required so that spacing between streetlights does not exceed 330 feet. The light fixtures shall be shielded using a method acceptable to the County Engineer in order to direct light downward onto the street system, thereby minimizing light impacts to the neighborhood. 9. Road right -of -way shall be dedicated for all of the roadways as specified in the table in Condition #7 above. Right -of -way for minimum 30 ft. by 30 ft. sight triangles shall also be dedicated at the intersection of 87th Avenue and Tieton Drive. At all other intersections the lot comers shall be held back to provide an adequate sight - distance area (using a radius determined by Public Works), or the standard 30' by 30' sight triangles can be dedicated. 10. The narrow strip of land running out to S. 80 Avenue (apparently 16 '/2 feet wide), shall be dedicated as public road right -of -way. 11. The plans for the roadways must be prepared by the applicant's Licensed Professional Engineer and reviewed and approved by the County Engineer prior to roadway construction. These plans must incorporate provisions for on -site stormwater retention facilities for all surface runoff water generated within the plat, as further outlined in the MDNS. It must also take into account the widening of Tieton Drive, including the turn lane identified in the MDNS. 12. A 10' wide slope and utility easement shall be provided along the south . edge of the Tieton Drive right -of -way that is being dedicated. 13. The developer must arrange a pre - construction conference prior to any road or utility construction within the existing and proposed right -of -way. An inspector from Public Works will inspect the actual road, bridge, and utility construction within the public.right -of -way. 14. The developer shall submit road name applications for the streets within the plat. The road names must be reviewed and approved by Public Works prior to plat approval. Road signs are required for this development. The road sign(s) will be installed by Public Works prior to acceptance of the road and all costs associated with supplying and installing the signs must be reimbursed to Yakima County by the developer. 15. A temporary end -of -road barricade meeting the requirements of the Public Works Depai lucent must be installed at the east end of the Midvale Road stub out. Additional temporary barricades shall be provided at the end of each stubout and the south boundary of Phase I, unless determined otherwise by the County Engineer. The barricades may be removed by the County at their discretion, without prior notice. 16 7 ? L)0(. • INDEX Cottonwood Grove SUB 99 -109 Page 17 of 19 Utilities: 16. All lots shall be served with public water from the Nob Hill Water Association. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Planning Department indicating that all construction necessary to provide the lots with domestic water has been completed and all associated fees have been paid. Be sure to coordinate the connection into Tieton Drive with the County so that it occurs before or as part of the Tieton Drive road improvements 17. All lots shall be provided with public sewer service from the Yakima Regional sewer system. No individual septic systems or other sewage disposal methods will be allowed for any of these lots. Prior to final plat approval, written verification from the City of Yakima Engineering Department must be submitted to the Planning Department indicating that all construction necessary to provide the lots with public sewer service has been completed and all associated fees have been paid. 18. Minimum 10 -foot wide public utility easements must be provided adjacent to all public road right -of -way, and as specified by the utility providers. 19. All public and private utilities shall be located underground, with the exception of the standard telephone box, transmission box, and similar structures. 20. All public and private utilities located within public road right -of -way must be constructed prior to commencement of roadway construction. Detailed plans for all proposed utilities to be located within public road right -of -way must be submitted to the Public Works Department for review and approval prior to utility construction. The owner's signature on special permits or franchise agreements may be required prior to utility construction. Miscellaneous: 21. If the broken pipe /wetland situation at the north end of the property is not permanently fixed before the public hearing, it shall be fixed prior to any physical development of the site. 22. Fire hydrants shall be placed at the locations and to the specifications required by the Yakima County Fire Marshall. The lots must be provided with adequate fire flow, in accordance with the adopted fire code, prior to final plat approval. 23. Final lot dimensions and areas shall substantially conform to the preliminary plat, except as changed by this decision and/or the public hearing process. 24. The developer shall contact the State Department of Ecology to determine if a Baseline General permit for Stormwater Discharges will be necessary for this development. Application should be made at least 30 days prior to commencement of construction activity. 17 3 INDEX, • Cottonwood Grove SUB 99 -109 Page 18 of 19 25. A method of dust control during the construction phases shall be submitted to, and approved by, the Clean Air Authority. A written copy of their approval must be submitted to the Planning Department prior to construction work of any kind. The developer must designate a responsible party for contacts during working hours regarding alleged air quality violations. 26. Measures such as temporary ponding, silt fencing, etc. shall be used as necessary during construction to prevent erosion. 27. Monuments must be placed at street intersections and curvature points as specified in Yakima County Code § 14.32.020. The monuments must be protected by cases and covers as approved by the County Engineer. Plat Notes: 28. The lots shall be subject to the following notes, which must be placed on the face of the plat: a. Access for all corner lots shall be onto the street with the lower classification, unless otherwise authorized by the County Engineer. Generally, the streets within this plat are classified from highest to lowest in the following order: 88 Avenue, MacLaren Avenue, 87 Avenue (north section), Midvale Road, 87 Avenue (south section), and all other roads after that. b. Sitescreening Standard `A', or a higher sitescreening standard (See YCC 15A.07) shall be installed along all exterior property lines that separate common wall units within the plat from adjoining lots that contain single - family residences. The sitescreening shall be installed along the entire property line of the common wall lots prior to issuance of the building peimits for the common wall units. c. Those portions of this plat along Shaw Creek are subject to the Yakima County Critical Areas Ordinance. A building setback & vegetative buffer must be maintained from the ordinary high water mark of Shaw Creek, as indicated on the plat. No fences, structures, or other development is permitted within the buffer area (other than the road and utility crossings allowed at initial construction of this development), as it is to be maintained in a natural state. Other special development standards may apply, and permits may be required for certain types of development. Information may be obtained from the Yakima County Planning Department. This restriction applies while Shaw Creek remains classified as a critical area. d. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree that the flood channel within the easement shown hereon shall be maintained in a manner that will not affect its capacity to carry floodwater through the development. Installation of fencing, trees, shrubs, or other obstructions is prohibited within the flood channel; however, fences or other improvements may be installed in such a manner that they bridge and do not obstruct the flood channel. The homeowners association, Yakima County (or City if annexed), and any individually 18 DOC. INDEX Cottonwood Grove SUB 99 -109 . Page 19 of 19 affected owner or resident of this plat shall have the authority to enforce this restriction and cause any obstruction to be immediately removed from the flood channel. If the flood channel no longer becomes necessary, then Yakima County (or City if annexed) shall record a notice indicating that this restriction no longer applies. e. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on -site. The stormwater calculations and facilities for this plat have been designed based on a specific amount of impervious surface. Additional impervious surface beyond the 45% maximum lot coverage specified by the zoning ordinance will not be authorized through the administrative adjustment process (YCC 15A.10). f. Yakima County has in place an urban and rural addressing system. Street names and numbers for lots within this plat are issued by the Yakima County Public Works Department upon issuance of an approved Building Permit. Timing: 29. Prior to recording the final plat or issuance of building permits, either: a. All required plat improvements, i.e. streets, sidewalks, utilities and drainage facilities must be in place; or, • b. An escrow account established or a bond provided in an amount and with conditions acceptable to the County Engineer to assure installation of all remaining required improvements. If the developer elects to escrow or bond for the required roadway improvements, and fails to complete these improvements in the time specified in the escrow or bond agreement, the County Engineer shall have the authority to suspend issuance of building or occupancy permits until the required road and drainage improvements are accepted as satisfactorily completed. The County Engineer may issue building permits on a lot- by- lotbasis when it is determined that building construction will not interfere with utility and roadway construction. 30. Immediately prior to submittal of the final plat application, all property taxes and special assessments for the entire tax year must be paid. February 15 is the cutoff for when the next year's taxes would have to be paid. 31. The total project must be completed and the final plat submitted within the maximum five year time period pursuant to RCW 58.17.140. G: \USERS\RTCHARDS \Cottonwood 19 30 - DOC:F, INDEX # ��. PLANNING DEPARTMENT tgi 128 North Second Street • Room 417 • Courthouse • Yakima, Washington 98901 0.4 ` (509) 574 -2230 -8 54 • FAX (509) 574 -2231 • htt www.Go. ®�� "������ „�;x>a��'������<< ry ( ) 1 00- 572 -73 ( ) p: // akima.wa.us y RICHARD F. ANDERWALD, AICP STEVEN M. ERICKSON VASMIC DIRECTOR OF PLANNING /SPECIALPROJECTS ASSISTANT DIRECTOR c ®M' April 25, 2000 TO: Summit Crest Construction, Parties of Record, Adjoining Property Owners and SEPA Consulted Agencies FROM: Richard F. Anderwald, Director of Planning SUBJ Notice of SEPA Determination & Hearing File Nos.: SUB 99 -109, CUP99 -81 & SEP 99 -36 "Cottonwood Grove” NOTICE OF PROPOSAL A Master Application to subdivide 27 acres into 99 lots consisting of 55 single - family detached residential lots and 44 lots for single family attached (common wall) dwellings. The development is proposed in two phases. Phase one consisting of the north 17 acres includes 36 single family detached units and 30 single family attached units. Phase 2 consisting of the remaining 10 acres, includes 19 single family detached lots and 14 single family attached units. The development is located within a Single- Family Residential (R -1) zoning district in the Yakima urban area and proposes full urban services, including sewer, water and streets. The property is located on the south side of Tieton Drive 2,000 feet west of South 80 Avenue, approximately 5 miles west of Yakima. (Parcel Nos. 181330- 12012 and a portion of 13002) ENVIRONMENTAL REVIEW The Yakima County Planning Department is lead agency for this proposal under the State Environmental Policy Act (SEPA): This office has determined that the proposal will not have a probable significant adverse impact on the environment and an Environmental Impact Statement is not required provided certain mitigated measures are taken (MDNS enclosed). The environmental checklist and other information on file with the Planning Department are available to the public upon request. The threshold determination may be appealed to the Hearing Examiner by filing a written notice of appeal with the Yakima County Planning Department by 5:00 p.m. on May 9, 2000. (The filing fee is $505.00) The appeal must be in writing and must set forth the principal points upon which it is based. If the NS is appealed-, it will be heard at the same time as. the .subdivision hearing. _.. . OPEN RECORD PUBLIC HEARING An open record hearing is scheduled before the Yakima County Hearing Examiner on Wednesday, May 10, 2000 at 9 :00 a.m. in Room 420 of the Yakima' County Courthouse. If you have any questions about this proposal, please contact Todd Stowell at 574 -2230. Encl.: MDNS G: \ USERS \ JEFFR\ RRFORMS \cottonwoodsepa.hrng.doc DOG. 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'. .... .. .. ...: .': l '', '4 i 1?c, -,:e • ' ". • . • '" ' • ' • " xt* AN ' ` r,f-':'V; • 1; ; ",.'.. F :'••,,Y!'t•;:•''.5'i', ',`J'Prt4,4Y1%.I=:;'„P•7 • .1. -I -,' V) ' 1 l Y . • - ■ • ■ ■ , , • . . . • MITIGATED DETERMINATION OF NON - SIGNIFICANCE 1. Description of Proposal: Cottonwood Grove Subdivision. A request to subdivide approximately 27 acres into 99 lots, consisting of 55 single - family detached residential lots and 44 lots for single family attached (common wall) dwellings * . The development is proposed in two phases. The first phase, occupying approximately the north 17 acres, will include 36 single family detached units and 30 single family attached units. The second phase, occupying approximately the remaining 10 acres, includes 19 single family detached lots and 14 single family attached units. The development is located within an R -1 zoning in the Yakima Urban Area, and proposes full urban services, including sewer, water, and streets. • 2. Proponent: Summit Crest Construction, LLC 1409 S..72' Ave. • Yakima, WA 98907 3. Location of Proposal: On the south side of Tieton Drive 2,000 ft. west of S. 80"' Avenue. Assessor's parcel number: 181330 -12012 and a portion of 181330- 13002. 4. . Lead Agency: Yakima County Planning Department • • 5. File Numbers: A Master Application consisting of three applications: Environmental Review SEP 99 -36, Class (2) CUP 99 -81, & Subdivision SUB 99 -109.: 6. Environmental Documents incorporated by reference: • • EIS for the Yakima Urban Area Comprehensive Plan (including associated preparation materials such as scoping materials), adopted April 1997. A copy is available in the Yakima County Planning Department. The document reviews the environmental effects of growth and urban development. 7. Determination: Previous environmental review of the West Valley area was undertaken during development of the Yakima Urban Area Comprehensive Plan, which addresses several issues of this development (such as density, wildlife, infrastructure, public services, etc.). The EIS for the comprehensive plan is incorporated by reference. The . lead_ agency for. this proposal has. determined..that _ it will not_have__a_.probable significant adverse impact on the environment and an Environmental Impact Statement • (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse: impacts. This MDNS is issued under 197-11 - 340(2). There is no further comment period for this MDNS: • • * YCC 15A.02.020 (69) -- "Attached single - family dwelling" means two single - family dwellings that are attached but with each dwelling unit located entirely on its own lot. This definition does not include row houses or other housing types with more than two attached single - family dwellings.. DOC INDEX h,/ SEP 99 -36, SUB 99 -109, and CUP 99 -81 • Cottonwood Grove Page 2 This decision was made after review and analysis of the completed environmental checklist and other information on file with the lead agency. This information and the analysis is available to the public on request. Substantive authority to require mitigation is derived from WAC 197 -11 -660, Yakima County Code, Chapter .16.04.230 and the 1997 Yakima County Comprehensive Plan (Plan 2015) which contain.goals, policies and regulations which provide substantive authority to require mitigation under the State Environmental Policy Act. The goals and policies provided in Exhibit A are those most relevant to the specific mitigation measures listed below. 8. Mitigation Measures: A. Critical Areas Setbacks and Protections • The Type 3 stream (known as Shaw Creek or Shaw Ditch) on this property supports fish, and is protected by the Yakima County Critical Areas .Ordinance (YCC 16A.04.02). The items listed below are required unless future modifications are made to the stream to re- establish a natural stream corridor in • . another location. If this course is taken, the current stream channel may be treated as an irrigation ditch without critical areas issues and lots may be reconfigured appropriately. (i) Generally, a 50 -ft. wide building setback and vegetative buffer is required from the ordinary high water mark on either side of the stream. However, to accommodate variations in the adjacent topography (the north stream bank is steeper than the south), the buffer may be modified to be wider on one side than the other. At no point will the:buffer be less than 25 ft. from the ordinary high water mark. The buffers widths for • both sides of the stream must add up to 100 -feet or more. (ii) The stream corridor through the property shall be, restored through reconstruction of the channel to a more natural form and revegetation of the vegetative buffer. The channel should be reconstructed in a manner similar to the typical cross - section shown on the Ditch Management and Protection Zone drawing provided by the applicant (Exhibit B). The reconstruction shall be accomplished such that the channel is returned to its current configuration prior to leaving the property, • and structural measures provided to maintain the transition. The revegetation should be performed using the recommendations in the Dept...ofFish and Wildlife letter of Dec. 20. 1999 (Exhibit C). (iii) Prior to final plat approval, Critical Areas Development Permits from Yakima County shall be obtained for the proposed stream crossing for S. 88 Avenue (as extended in the future) and the utilities, for the stream corridor restoration work, and to modify the vegetative buffer widths. All permits that may be required by other agencies (e.g. Dept. of • 'Ecology, Dept. of Fish & Wildlife, Carps of Engineers) must also be- obtained. Environmental review of details of the critical areas work is • adequately covered in the review of the critical area permit. • (iv) The final platting and critical areas permitting processes shall ensure that the vegetative buffer is effectively protected by fences and either open space easements or land ownership that is held in common or held by a conservation organization. . • • DOC. INDEX • • SEP 99 -36, SUB 99 -109, and CUP 99 -81 Cottonwood Grove Page 3 B. Stormwater and Drainage Control A stormwater and drainage control plan shall be provided for the entire property prior to construction of improvements for any area of the development. The, plan shall: (i) Be developed by a licensed professional engineer in consultation with the Planning and Public Works Departments. (ii) Provide for separation of stormwater and floodwater, where applicable. (iii) Provide on -site retention and treatment of the increased stormwater runoff generated by both residential and road areas using standard practices, including, where applicable, practices necessary to deal with high water tables. (iv) Use a 25 -year design storm. (v) Use runoff coefficients that appropriately estimate runoff from impervious surfaces, residential lawns (generally less • pervious than agricultural fields), etc. (vi) Provide the location, description, and design of water management structures (drainage swales, retention ponds, dry wells, etc.). C. Flood Protection This property is not located within a Federal Emergency Management Agency (FEMA) mapped floodplain. The Washington State Dept. of Ecology indicates that the causes of floodwater accumulation on this property lie outside the conditions normally used to establish flood hazard areas. Nevertheless, there is historic evidence of flooding on the low -lying areas of this property, generally located south of the stream. The following flood control measures are required: (i) A flood flow channel shall be established in the vicinity of historic flood • flow paths. A location generally along the north line of the second phase of subdivision is acceptable. However, at a minimum the channel needs • to begin in the middle section of the west property line, and en,d in the vicinity of Midvale Road extended. (ii) An easement shall be established on the Final Plat that provides long term protection of the flood flow channel, unless an alternate flow path is - established outside the subdivision at some point in the future. (iii) Fences, structures, driveways, etc. shall not encroach on, or obstruct the flood flow channel. • (iv) The area within the easement shall be modified through grading to direct flood flows through the development. The channel shall consist of a flat bottom 20 feet wide and at approximately 1 foot deep, with sloped sides for a total width of 30 feet. Entry and exit points of the channel shall be gently merged into existing grades to minimize ponding or erosive headcutting. Alternative and similar configurations may be considered. • (v) The channel shall be constructed with a minimum _ of ekcavation or • filling. (vi) Street crossings for the flood flow channel shall meet public works sizing and design standards. D. Grading Plan A Grading Plan shall be submitted for the entire property prior• to construction of improvements for any area of the development. The plan shall: (i) Include the design and construction of the water management structures needed to meet the Stormwater and Drainage Control requirements. INDEX • • SEP 99 -36, SUB 99 -109, and CUP 99 -81 Cottonwood Grove Page 4 (ii) Include provisions to meet the Flood Protection requirements, if any. (iii) Include all proposed modifications to the Type 3 stream and associated buffer. (iv) Include methods to control dust consistent with the Yakima County Clean Air Authority standards. (v) Include strategies to deal with the soil limitations listed in the NRCS soil • survey for Yakima County, or demonstrate why the' limitations do not apply. Of particular interest are wind and water erodability and potential hardpan limitations. The strategies should include phasing or similar methods to limit the amount of exposed soils at one time. (vi) Exclude material from the stream corridor and any associated buffer, except as approved through a Critical Areas Development Permit. Excess material excavated from the project area south.of the stream may be used to make necessary grade changes north of the stream. E. Traffic (i) A left-turn storage pocket for the Tieton Drive / 87 Avenue intersection shall be provided as specified by the County Engineer. If the improvements are constructed as part of a County road project the developer shall contribute funds equal to the cost of improvements. (ii) Additional right -of -way shall be dedicated such that the total width of right -of -way is 35 feet from the centerline of Tieton Drive in order to accommodate the turn pocket and fill slopes. 9. Appeals: • You may appeal this final threshold determination to the Hearing Examiner by filing an • appeal with the •Yakima County Planning Department by 5:00 p.m. on or before May 9, 2000. The appeal must be in writing and must set forth the principal points upon which it is based. The filing fee is $505.00. • You should be prepared to snake specific factual objections. Please contact our office to read or ask about the procedures for SEPA appeals. • 10. Date: April 25, 2000 • 11. SEPA Responsible Official: Steven M. Erickson Assistant Planning Director • Room 417, County Courthouse, Yakima, WA 98901 12. Signature: • ( ‹ 2 • G: \USERS \CAROLF\ John \Cottonwood Gr \Cottonwood final mdns.doc • • a1 • DOC. :... INDEX • • SEP 99 -36, SUB 99 -109, and CUP 99 -81 Cottonwood Grove Page 5 • EXHIBIT A Below are the Yakima County Comprehensive Plan policies and Yakima Urban Area Comprehensive Plan policies that support the mitigation measures proposed under this environmental threshold determination. • YAKIMA COUNTY COMPREHENSIVE PLAN . • • • Traffic T6.4 • Maintain adopted level of service standards concurrent with development: Concurrency shall • be defined for system impacts as it appears in RCW 36.70A.070(6). For project impacts, concurrency shall be required at occupancy or completion of substantial project phases. Water Quality • GOAL NS 8: Maintain and manage the quality of the groundwater resources in Yakima County as near as possible to their natural conditions and in compliance with state water quality standards. NS 7.55 • Proper design, location and construction 'of road facilities should be exercised to: (1) Minimize erosion and permit the natural movement of water. (2) Prevent the entry of pollutants into the water body. • Stormwater and Flooding . • GOAL NS 12: . • Prevent increased flooding from stormwater runoff. • NS 12.1 Require on -site retention of stormwater. • NS 12.3 • Minimize adverse stormwater impacts generated by the removal of vegetation and alteration of land forms. • NS 13.2 Control stormwater in a manner that has positive or neutral impacts on the quality of both surface and groundwater, and does not sacrifice one for the other. NS 15.4 Where the effects of flood hazards can be mitigated, require appropriate standards for subdivisions, parcel reconfigurations, site developments and design of structures: Grading NS 3.2 Require control of emissions to the air during land development and construction projects. NS7.55 Proper design, location and construction of road facilities should be exercised to use existing topography to maximum advantage and preserve natural conditions to the extent practical. • SEP 99 -36, SUB 99 -109, and CUP 99 -81 Cottonwood Grove Page 6 NS 7.85 Allow normal and reasonable land grading and filling where necessary to develop a land area for a permitted use. There should be no encroachment on the water. There should be no substantial changes to the natural drainage pattern. NS9.2 Protect water quality from the adverse impacts associated with erosion and sedimentation. • NS 9.3 Encourage the use of drainage, erosion and sediment control practices for all construction or development activities. NS 12.2 Preserve natural drainage courses. NS 12.3 Minimize adverse storm water impacts generated by the removal of vegetation and alteration of land forms. NS 15.4 Where the effects of flood hazards can be mitigated, require appropriate standards for site development and for the design of structures. • H5.3 • . • • Protect Critical Areas from development. • • YAKIMA URBAN AREA COMPREHENSIVE PLAN Traffic G 4.5 Subdivisions shall be integrated into the collector and arterial street systems. Stormwater and Flooding E 1.2 Increased stormwater runoff attributed to new development should not adversely affect downstream properties or structures. E 6.6 • Stress the use of indigenous plants in landscape design as a means of preserving water resources. • • CDOC, • INDEX • • • p ji 1e o 280 State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 3 Office: 1701 South 24 Street - Yakima, Washington 989025720 - (509) 575 -2740 February 22, 2000 Yakima County Planning Department Room 417 Courthouse Yakima, WA 98901 Dear Mr. Anderwald: SUBJECT: State Environmental Policy Act Document; Preliminary Mitigated Determination of Non - Significance; Summit Crest Construction, LLC Proponent, Cottonwood Grove Subdivision , Yakima County The Washington Department of Fish and Wildlife (WDFW) has reviewed the above - referenced State Environmental Policy Act (SEPA) document received on February 14, 2000, and offers the following comments at this time. Other comments may be offered as the project progresses. The WDFW has concerns regarding this proposed development. Consistent with the definition found in the Yakima County Critical Areas Ordinance (CAO), this area is flood prone(2.215). The numerous photographs that neighboring property owners have provided Yakima County and WDFW clearly demonstrate this. If the proposed development were constructed, the ultimate disposition of the flood water appears to be the yards of the residences, road surfaces and yet to be determined water management structures. The flood water moves through the property independent of the Shaw Creek channel, hundreds of feet to the south of the existing creek location . At some location upstream of the property, water flows out of the Shaw Creek channel. Currently the site is pervious and undeveloped yet flooding occurs. The proposal will result in a development with 41 % impervious surface. It is reasonable to conclude that more frequent and higher magnitude flooding will result. The mitigation measures in the preliminary MDNS only require retention and treatment of the increased storm water runoff. The mitigation measures are silent on treatment of the flood water which will become polluted as it moves through the proposed neighborhoods. A Hydraulic Project Approval (HPA) will be required for the proposed bridge over Shaw Creek. Due to the known flooding on the property, meeting the storm water requirements on this property may be difficult or impossible. An HPA may be required for storm water also. DOC. • INDEX k Anderwald February 22, 2000 Page 2 Reduced Shaw Creek Buffer Shaw Creek has been straightened and relocated. This is evidenced by meanders upstream of the parcel and by the fact that the current stream location is higher in elevation than the surrounding agricultural land that is slated for development. The current stream location is at the edge of the flat agricultural ground where the topography then transitions into a steeper hill side. A 25 foot buffer is proposed for the north side of Shaw_Creek with 75 feet proposed for the south side of the creek. It appears that from the preliminary plat that accompanied the SEPA checklist that the proposed 25 foot buffer is incorporated into the individual lots. Excluding buffer areas from individual lots boundaries is the best way to ensure buffer integrity. Individual lot covenants require enforcement. A common ownership buffer results in a situation where enforcement would be virtually non - existent and buffer quality would persist through time. An exhaustive literature search resulted in the WDFW publication, Management Recommendations for Washington's Priority Habitats, Riparian. The efficacy of a 25 foot stream buffer as it relates to the protection of water quality and stream dependent resources is not supported by the body of literature assembled in this publication. WDFW considers this publication the best available science. Copies will be provided to Yakima County. This proposed buffer adjustment is also at odds with requirements of Section 4.25 of the critical areas ordinance, CAO. WDFW disputes the adequacy of the proposed mitigation measures and requests a meeting with Yakima County and the developer prior to the final SEPA threshold determination in order to address these issues. Thank you for the opportunity to provide these comments. If you have any questions, please contact me at (509) 457 -9322. Sincerely, VA/14, di Mark S. Teske Area Habitat Biologist MST:mst cc: SEPA Coordinator, WDFW SEPA Coordinator, DOE Ward & Nicolai, Yakama Nation DOC. INDEX ST >rF ,.:I t a:•l:r i • ti pil::x 1:p !:P ItlR9 r STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office, 3190 - 160th Ave S.E. • Bellevue, Washington 98008 -5452 • (425) 649 -7000 December 28, 1999 Richard Anderwald Yakima County Planning Department Courthouse Room 417 Yakima, WA Dear Mr. Anderwald Re: Richard Hochrein (SEP 99 -36) Cottonwood Grove subdivision, CUP 99 -81, SUB 99-109 This letter is a follow-up to the Department of Ecology's (Ecology's) SEPA comments that were made in a letter sent to you on October 19, 1999. Since that time, Ecology has received photographic documentation that the proposed subdivision site has been inundated with floodwater twice in the last five years, even though the proposed subdivision is located outside the mapped flood hazard area on the county's Flood Insurance Rate Maps (FIRM). The cause of flooding at the proposed subdivision is from debris blockage, ice blockage, and sheet flow flooding from surface water runoff through the valley. These causes are outside the normal conditions used in determining the flood hazard areas on the county's FIRM. To minimize damages from future flooding, consideration should be made in the subdivision design to allow for conveyance of floodwater through the development in the natural conveyance channels and engineered in a way to negate any increase in flood level on existing development. Conveyance requirements should be consistent with applicable provisions of your Critical Area Ordinance. In addition, all new structures should be prohibited from having a habitable space below grade, and any below grade construction should be made with flood resistant material. The first habitable floor of all new construction should be at a height to protect the structure from inundation from future flood events based on best available information obtained from photographs or high water marks. If the elevation level cannot be determine it is recommended that first habitable be at a minimum of two feet above highest adjacent grade. If you have any questions, you can contact me at (425) 649 -7139. Sincerely, / . Dave Bur ick Flood Management Specialist DOC. _.. DB:SA INDEX cc: Polly Zehm # - - •�; 1;89 NAY State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 3 Office: 1701 South 24 Street - Yakima, Washington 98902 -5720 - (509) 575 -2740 November 8, 1999 • Yakima County Planning Department Room 417 Courthouse Yakima, WA 98901 Dear Mr. Anderwald: SUBJECT: State Environmental Policy Act Document; Richard Hochrein Proponent, Subdivision Application SUB 99 -109, Divide Approximately 25 Acres into 69 Single Family Lots , Yakima County The Washington Department of Fish and Wildlife (WDFW) has reviewed the above - referenced State Environmental Policy Act (SEPA) document received on November 5, 1999, and offers the following comments at this time. Other comments may be offered as the project progresses. WAC 197- 11- 060(b) Proposals or parts of proposals that are related to each other closely enough to be, in effect, a single course of action shall be evaluated in a single environmental document. (i) Cannot or will not proceed unless the other proposals or parts of proposals are implemented simultaneously with them; or (ii) Are interdependent parts of a larger proposal and depend on the larger proposal as their justification or for their implementation. The intent of SEPA is to avoid piecemeal review of projects. Project compartmentalization will occur with this proposal because the entire ownership is not included in this SEPA review. It is unreasonable to conclude that similar development will not occur on the adjoining ownership. Breaking the project into various phases that will be reviewed at some point in the future is contrary to SEPA in light of this reality. The cumulative effects of the development of the whole ownership cannot assessed if review is strung out over a long time frame. Stream The proponent indicates the they intend to put an existing irrigated drainage ditch into a pipe. The ditch that is referred to is in reality a fish bearing steam and is a tributary of Wide Hollow Creek. Additionally, the stream meets the definition of a critical area per the Yakima County Critical Areas Ordinance, but is not currently mapped as such. Flooding and Stormwater DOC, INDEX Mr. Anderwald November 8, 1999 Page 2 WDFW has photographic evidence of flooding well outside of the defined channel of this unnamed tributary to Wide Hollow Creek. The proponent indicated that 41% of the proposal will be converted into impervious for just phase I and II. Currently the property is pervious and flooding results. A dramatic increase in impervious surface will exacerbate the flood situation and significantly impact the public fish resources. Emergency measures to save private property from the flooding also significantly impacts public resources. This proposal will make a bad situation worse. Recommendations WDFW strongly recommends that SEPA be reissued to reflect the property development, a critical area be delineated along the stream and a comprehensive study and flood plan be developed to quantify the impacts of the dramatic increase in impervious surface that is proposed. Thank you for the opportunity to provide these comments. If you have any questions, please contact me at (509) 457 -9322. Sincerely, Mark S. Teske Area Habitat Biologist MST:mst cc: SEPA Coordinator, WDFW SEPA Coordinator, DOE DOC. INDEX SEP a V39. ) Return Address Mt - t1°l.. ffh`f P0. 91'0 14A- I Uva - 9S' ?o7 Please print neatly or type information Document 1 Title: jc)tax i -t- i nn esf R fj fir , , d n Reference #'s: �� Additional reference H's on page • Grantors: Grantees: ta141 h - The_ 'PLt1 -) Additional grantors on page additional grantees on page ?trz; - - err'.'; P _ _ _ - ::' >7i.''' � i. y e s - - �'k;' _ •:.. �.. ...: gip': - D e _ o umeii tl ,. Refe -- - - _ - - - reric - d !Ion Addi ' tt0 n referFn'be Grant 0 SE - Additional ' - - n gr anWrsona'e -.f4Y- . ; .::::.... • . ::.. � - � •:�_.:. � addi • _ - griinlees page Legal Description (abbrevinted form; I.e. lot, blk, pint or S,1',R quarter /quarter) NC taw % 530 , i ' 13 /Rl3 SEYN,NW ,53o / Tt3 f i8 Additional legal is on page _E / 5 Assessor's Property Tax Parcel /Account Number 11 . - Z (2- 7- 12 604 [3001 ❑ Emergency nonstandard document recording: I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature: The Auditor /Recorder will rely on the information provided on the form. The statrwill not read the document to verify the accuracy or completeness of the indexing information provided herein. I1L1 I JULUW IIIIIIIIIII III III I IIII 9 9 DEC $12.00 Ya kima Co, WA DOC. INDEX # ..3• 1 SEP 8 1939. DECLARATION OF RECONFIGURATION OF LEGAL DESCRIPTIONS File No: SSE 99 -160 KNOW ALL PERSONS BY THESE PRESENTS that What the Hay. I.LC. , the undersigned, being the owner _of the parcels herin described, desire to reconfigure the legal descriptions of said parcels pursuant to the approval of Yakima County Short Subdivision Exemption Application No. 99 - 160 , August 9 , 1994, and attest that the attached descriptions are to be used to define the respective parcels for all purposes for which a Boundary Description is required, and hereby authorize the Yakima County Assessor and all other agencies and parties to use said descriptions as the official record of said parcels until they are changed or modified in accordance with law. Current Yakima County Assessor's Parcel Numbers: 18 1330- 24001. 24002. 24003. 21005. 12004 & 11001 Current Description(s) of Record See Attached Reconfigured Legal DescriR.tions(s) See Attached Parcels A, B, C, D, E & F What The Hay, .L.C., Richard C. Hochrein STATE OF WASHINGTON ) ss COUNTY OF YAKIMA ) On this day personally appeared before me Richard C. Hochrein To me known as the individual described in and who executed the within and foregoing instrument and acknowledged to me that they signed the same as their free and voluntary act and deed for the purposes therein stated Give. d official seal this ii day of '2 - , 1999. 1 4` 04 Eo'Re s �y y I CARRIE M. BRINES �� ( e '01 CC p 4 t' a � lt . w� t3 v � Q J ry o Notary Public in and for the State of Washington, Residing at (IL I( ;4� G.. J1.10 f1 Q�/ My Commission' •:7, : l LA (P. Z0().3 , 0 ' 11111111111 11 Mil RIR I 111111 9/08/ 9 i 0 43R WHAT THE HAY DEC $12. Yakima Co, WR • DOC. INDEX I 1 J SEP a 1999. LEGAL DESCRIPTIONS OF CURRENT PARCELS • WHAT THE HAY, L.L.C. 181330 -21005 (TO BE INCREASED) THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTH WEST QUARTER OF SECTION 30. TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M. EXCEPT TIIE SOUTI1 6 FEET TI IEREOF. • 181330 -24001 (TO BE INCREASED) THE EAST 15 ACRES OF THE NORTH 25 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, Ala2 THE SOUTH 6 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAS'I' W.M. 181330 -24002 (TO BE INCREASED) TIIE WEST 10 ACRES OF THE NORTH 25 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND THE WEST 10 FEET OF THE WEST I 3 WEST QUARTER FOR ROAD, ALL IN SECTION TOWNSHIP 13 QUARTER THE NORTH, RANGE NORTHWEST O 18 EAST W.M. 181330 -24003 (TO BE DECREASED) TI IE SOUTH 15 ACRES OF TIIE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST W.M. 181330 -12004 (TO BE INCREASED) THE WEST HALF OF THE NORTHWEST QUARTER OF TI4E NORTHEAST QUARTER OF SECTION 30, TOWNSI III' 13 NORTH, RANGE 18 EAST W.M. • EXCEPT THAT PART LYING NORTHWESTERLY OF YAKIMA VALLEY CANAL; AND EXCEPT THE NORTH 30 FEET ROAD. 181330 -13001 (TO BE DECREASED) THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, F' AND THE NORTH 16.5 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER ALL IN SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST W.M. EXCEPT THE EAST 25 FOR RIGHT -OF -WAY. 1 ` of 5 1111111111 IIIIIIIVIIIIIIII 9g � 8 18 IHRT THE HRY DEC 812.08 Yakima Co, WR DOC. INDEX SEP a iGeg REDEFINED LEGAL DESCRIPTIONS, PARCELS "A ", "B ", "C ", "D ", "E" & "F" WHAT THE HAY, L.L.C. PARCEL "A" (REDEFINED 181330- 240021 THE WEST 528.50 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.; EXCEPT THE NORTH 60.00 FEET THEREOF. PARCEL "R" (REDEFINED 181330 -2400t) THE NORTH 824.33 FEET OF TIIE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.; EXCEPT THE WEST 528.50 FEET THEREOF; • AND THE NORTH 60.00 FEET OF THE WEST 528.50 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; OF FEET OF THE NORTHEAST SAID SECTION 30; EXCEPT NORTH 30.00 FE U ET THEREOF FOR WEST QUARTER OR ROADH TOGETHER WITH AN EASEMENT FOR ROADWAY OVER AND ACROSS THE SOUTH 6.00 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30. PARCEL "C" (REDEFINED 181330- 24003) • THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 30, TOWNSHIP 12 NORTH, RANGE 18 EAST, W.M. • FxCEET THE NORTH 824.33 FEET THEREOF; AND EXCEPT THE WEST 528.50 FEET THEREOF. PARCF,I "D" (REDEFINED 181330- 12004) TI IE WEST I IALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M. EXCEPT RIGHT OF WAY FOR YAKIMA VALLEY CANAL; AND EXCEPT THAT PORTION THEREOF LYING NORTH AND WEST OF SAID CANAL; AND EXCEPT THE NORTH 30.00 FEET OF SAID SUBDIVISION FOR ROAD; AND THE NORTH 375.00 FEET OF TIIE EAST 991.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 30; OF SECTION NORTH 0, TOWNSHIP T 133 NORTH, RANGE 18 EAST, W.M. EXCEPT O THEE ST 25.00 FEEL, THEREOF FOR ROAD. 2 1111111111 V 899 3 48 9 6 43A WHAT THE HAY DEC 812.80 Yakima Co A DOG. INDEX • • 1 ) • SEP a 1g99.. • REDEFINED LEGAL DESCRIPTIONS,PARCELS "A ", "B ", "C ", "D ", "E" & "F" WI IAT THE MAY, L.L.C. PARCEL "E" (REDEFINED 181330 - 13001) THE SOUTHWEST QUARTER OF TILE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST W.M. EXCEPT THE NORTH 375.00 FEET OF THE EAST 991.00 FEET THEREOF. PARCEL "F" (REDEFINED 181330 - 21005) THE SOUTFIEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W. M. SUBJECT TO AN EASEMENT FOR ROADWAY OVER THE SOUTH 6.00 FEET THEREOF. 3 111111 I 11 III 11 111111111 89/08/19 DOC' 9 1@ 43R INDEX WHAT THE HAY DEC $12.08 Yakima Co, WA i ? • . r • • • when Recorded Return To: COUN Y EXC E TAX • Stanley S. Pratt DATE ? j Ct Stanley S. Pratt, Inc., P.S. PAID 1' - 7, NO3 ..D() Attorney at Law P. O. Box 1425 REC.11o. 31214 Yakima, WA 98907 -1425 BY,' t Yakima County Trca v 's Office BTATt oRY WARRANTY DEED Grtors: FOREST ACRES, INC., a Washington corporation an crantelts: "WHAT THE HAY ", L..L.C., a Washington limited liability company • Legal Dtscription: Portions of the-NE 1/4; the NW 1/4 and the SE 1/4 of Section 30, Towhship 13 N., Range 18, E.W.M. krditionaticsmiisonpive t =): 1 and 2 assessors t ;s Parcel tso.: 1 - 12004, 21005, 13001, 24001, 24003, 42001 and 24002 tefercrce tw•bcr(s) of Daasaents assip ed or released: n/a corporatixr,Gforand in INC., a Ten other good at :tavaluable consideration in hand paid, conveys and warrants ta1;'4 qT THE HAY ", L.L.C., a Washington limited liability company» e following described real estate, situated in the County of Yakima, State of Washington: :i PARCEL A: The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 30, Township 13 North, Range 18, E.W.M.; 11 EXCEPT right of way for Yakima Valley Canal; EXCEPT that part lying North and West of the right of way of the Yakima Valley Canal; AND EXCEPT the North 30 feet for road. r :s 1 DOD. +;. Ali) 7070107 INDEX + di Ill MIMI] 1 + �� - 87138/!93 N4 8 �� MI i TITLE MPH' D t11.18 YAW Co. in " • • ) JUG 8 0 r. • PARCEL B• The Southwest 1/4 of the Northeast 1/4 of / Section 30, Township 13 North, Range 18, I E.W.M. \\ t PARCEL C: The Northwest 1/4 of the Southeast 1/4 of Section 30, Township 13 North, Range 18, E.W.M.; • EXCEPT the South 25 feet conveyed to Yakim� County for road by deeds recorded innVolume 25 of Deeds, page 18, and under -- Auditor's File No. 877279. _-- PARCEL D: The Southeast 1/4 of the Northwest 1/4 of Section 30, Township 13 North, Range 18, E.W.M. ARCEL E• The Southeast 1/4 of the Northeast 1/4 of th . Northwest 1/4 of Section 30, Township 13 North, Range 18, E.W.M. TOGETHER WITH all water rights, including 116.1 shares in the Yakima Valley Canal Company also known as Congden Ditch and all appurtenances thereunto belonging, Inc uding the following appurtenant easements: 1) A right of way one rod (16.5 feet) in • width and 80 rods (1320 feet)in length, more or less, through and over the Southeast 1/4 of the Northeast 1/4 of Section 36ownship • 13 North, Range 18, E.W.M., along the North edge of said Southeast 1/4 of the Northeast 1/4 of said Section 30, a distance of rod (16.5 feet) in width from the North line thereof for the whole length of the same; EXCEPT the East 25 feet conveyed to Yakima County for road by document recorded under Auditor's File No. 1618643. . 2) The West 10 feet of the Northeast 1/4 of the Northwest 1/4 of Section 30, Township 13 North, Range 18, E.W.H. for road purposes. 2 ,,1 'ii 7070107 DOC. Page- of 4 • • r+ ;tna TITLE . I �4 INDEX D S11. Yakisa !—LLILLLL • [ f • SUBJECT TO charges or assessments which may be due the Yakima - Tieton Irrigation Dis ri for construction, operation and mainte e and to further assessments by the Yakima Tieton Irrigation District. SUBJECT TO future annual assessments by Weed District and Soil Conservation District. SUBJECT TO special use classification of property, the grantees herein assuming and agreeing to pay all taxes, interest and penalties which will be due and owing if the • above described property is not continued in the open space classification. SUBJECT TO easement for right of way for necessary canals, tunnels, or other water conduits and for telephone and transmission lines required in connection with the Teton Irrigation Project contained in instrumt. of record. SUBJECT TO right of way 5 to 20 feet in wi th for any lateral necessary to convey water across the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 30, but n more than one lateral to cross said property, granted in instrument recorded in volume 14 of Deeds, page 419, records of Yakima County, Washington. SUBJECT TO private road over the South 6 feet of the Southeast 1/4 of the Northeast 1/4 of)C ' the Northwest 1/4, conveyed by. instrument recorded under Auditor's File Ho. 637915, records of Yakima County, Washington. SUBJECT TO easement for electric transmission and distribution lines of one or more wires, and all necessary or desirable appurtenances, including telephone and telegraph wires, towers, poles, props, guys and other supports: and related matters disclosed by i t. ment recorded under Auditor's File No. 14 66, records of Yakima County, W ington. 3 DUG, INDEX 7070107 Fa 3 of 4 # - .; ,•.,. Yr3KIfl TITLE ' iff p 87/38/148 Yakima Co, 6S 0 tli.� Yakisa Co, I t JUL 3 0 14j3 • i • • SUBJECT TO presently recorded reservations, covenants, conditions and restrictions, easements and existing building or zoning regulations or restrictions, tenants in possession pursuant to oral leases, served d oil and /or mining rights, and rights re reserve in federal patents or state deeds. SUBJECT TO all pending actions in state and federal courts relating to the determination and adjudication of water rights in the Yakima River Drainage Basin. Grantees accept the above described property in its as is" condition and without any • warranties concerning the condition e of e the tati Propeper or absence of any hazardous material. rty or DATED this Z of July, 1998. FOREST ACRES, INC., a Washington corporat:s. B _ George La an, ' Jr. Pre - r / STATE OF WASHINGTON ) s :e t : ss. County of Yakima ) I certify that I know or have satisfactory • that GEORGE LAYMAN, JR. is the person who a b e before and said person acknowledged that he signedthisinstrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of FOREST ACRES, INC., a Washington corporation, to be the voluntary act of such party for the uses and Tre and mentioned in the instrument. Purposes s D: J , 1998. - ,� • r ',tU 4. 1 11140.1 ( 0-1 it m r , Q c 2aJ G NOTARY PUBLIC in and for the - 7 � 4 �; State of Washington. O MY appointment ex SS Pires /u l x � D0 i . 4 INDIX IIhIJThlIffihJOj , ,�,i t� !36 J� ®4 J3B D €IJ J v677:136:41. �ko�a Co, p4 ■ ' -,_...... I .. . • • . ;.s. — , ,,.. '7 - 1 • . - tv 5:.,,,A ) (L . • - - C) . . : ..;-.-. • . . • . , ' . ' • • - -I ,'.-",'-'• .'-' -,•.•:'• ''', - - . , ' '.I , : ..•- • ' . • , ....• ' , ,.. .. • . , -- ., ,, 41. . . , . , • tcv.'''''' , - . . ".- , . •%. 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' I I i § :t • • . • • . • • : i • ''.• I . . . . . . . - .. ... . . • •• -- COTTONWOOD PARTNERS, LLC Exhibit List CHAPTER I COMMENT LETTERS RECEIVED AFTER HEARING EXAMINER PUBLIC HEARING Exhibit # DOCUMENT DATE I -1 E -Mail from Eric Bartrand, WA State Dept. of Fish and Wildlife to 6/17/05 Yakima City Council I -2 Response from Gary Cuillier, Hearing Examiner to Bruce Benson, 6/21/05 Supervising Planner Regarding Eric Bartrand's E -Mail to City Council To: Bruce Benson From: Gary Cuillier Re: Cottonwood Grove Recommendations In response to your call, Mr. Eric Bartrand of the Washington Department of Fish and Wildlife did in fact call and ask me mainly procedural questions after my written recommendations were already submitted. After you called, I asked him to indicate what exactly I said that led him to attribute the opinion to me that he did in his e-mail. He said I indicated that I wished he had been able to attend the hearing. I did say that because he was upset that he missed the hearing. But that is different from now making a further recommendation to the City Council at this point. If he had asked my opinion, I would have told him that I have no further involvement with the matter unless it is remanded so I could hear both sides. He did not ask my opinion, but since you have, I will say that I have no opinion just listening to his side and do not think it is appropriate for supplemental recommendations to be submitted this way by a third -party e-mail without the City Council requesting it. I was courteous to Mr. Bartrand and sympathized with him insofar as he was quite upset about missing the hearing. I told him I thought he could present his arguments to the City Council about the content of his letter at the closed record hearing, but that he could not present new evidence unless the Council chose to remand the matter for that purpose. I believe it is Mr. Bartrand's responsibility to argue his requests to the City Council without implying that I think the matter should be remanded or that I would support his position if the matter were to be remanded to me to hear additional evidence. I trust the City Council to decide what should be done after hearing the various views at its closed record hearing. Perhaps Mr. Bartrand took my courtesies as support for his position, and for that I apologize if it caused anyone concern. DOC. INDEX RECEIVED Brandt, Sonya CITY OF YAKIMA jom: bartrelb @dfw.wa.gov JUN 2 0 2005 _dent: Friday, June 17, 2005 12:28 PM To: ccouncil @ci.yakima.wa.us Subject: Closed- record Council meeting for Cottonwood Groves L ,(B CITY COUNCIL Importance: High I most respectfully request invitation by the Council to attend the Council meeting considering adoption of the Cottonwood Groves Phases 3 -7 Long Plat. I am a Habitat Biologist for the State Fish and Wildlife Department (WDFW). I have been very involved with the City planners in review of, and submitting written comments within, the Cottonwood Groves Phases 3 -7 review. There are flooding problems associated with the land and project that have serious environmental implications, including the transferrance flooding problems associated with the former Ag land to developed properties, which never had to bear those problems in the past. We are very concerned that new flooding will be through livestock corrals and septic drainfields, in addition to encumbering existing residential properties. We are concerned that the contemporary artificial, perched channel that constitutes Shaw Creek through the developing area never has, nor ever will, properly convey natural drainage from the roughly 10 sq. mile drainage area. This is why the Cottonwood Groves land has often flooded. We believe these negative consequences that may result from incomplete planning exercises are certain to occur within the next ten years, if the plan approved at the Hearing Examiner's meeting is adopted, then materializes. spite my high profile interest in the project, I am certain I was not ,.otified of the May 26 open meeting. City Planner Bruce Benson said I received a phone call, but I did not. When I asked if written notice was provided, he said it was not, although WDFW is on the notification list. Since I had expressed interest to Mr. Benson in making sure the Hearing Examiner understood WDFW's concerns with respect to the project during the meeting long before it occurred, I am additionally concerned with this communication lapse. Mr. Benson was quick to point out "it's over ", the Council meeting is "closed ", and that there was no further opportunity for WDFW to influence the review. Currently, phone messages left for Mr. Benson and Doug Maples asking for more information relating to the meeting process have gone unreturned in two days. As a result, I still do not know when the Cottonwood Groves Council hearing is scheduled. Hearing Examiner Cuillier expresses his desire that WDFW could have clarified the information presented to him at the meeting, since he now understands the mechanics of serious flooding - related deficiences in the plan he approved. Thank you for your consideration. Eric L. Bartrand, WDFW, 1701 South 24th Av. Yakima, 98902 DOG. 1 iNDE.X • •