HomeMy WebLinkAboutR-2009-007 Teammates, LLC Planned Development Agreement - Hidden LakesRESOLUTION NO. R-2009-07
A RESOLUTION authorizing and directing the City Manager to execute a Development
Agreement with Teammates, LLC (here after "Teammates") to provide
for the terms and conditions of development of a preliminary plat and
planned development to be located in the vicinity of West Washington
and South 72nd Avenues, in the City of Yakima,
WHEREAS, the City of Yakima (here after "City") is a first class charter city
incorporated under the laws of the State of Washington and has the authority to enact laws
and enter into agreements to promote the health, safety, and welfare of its citizens and
thereby to control the use and development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with
those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 -
36.70B.210, YMC Ch. 15.28.030(K) and YMC 14.10.090; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City
adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised
and updated this plan and has adopted, and continues to adopt, development regulations
to implement the plan, including adoption of Yakima Urban Area Zoning Ordnances, which
zoned the property Single Family Residential; and
WHEREAS, Developer has obtained development rights for a single parcel of
approximately 38 acres in the vicinity of West Washington Avenue and 72nd Avenue,
Yakima, Washington (the "property"). Is legally described in Exhibit A, attached hereto and
incorporated herein by this reference and set foith in full in the attached development
agreement; and
WHEREAS, on May 31, 2007, the applicant Teammates submitted an application
for a one hundred sixty one (161) lot preliminary subdivision and planned development
located on the Southeast comer of West Washington and 72nd Avenues, (the "Project");
and
WHEREAS, on May 30, 2008, the City issued a Notice of Application and
Environmental Review for the Project; and
WHEREAS, Developer has created separate legal parcels by a subdivision of the
property, as defined in YMC 14.10.230 and described in YMC Chapter 14.20; and
WHEREAS, the specific proposed use of the property identified by Developer is that
of a single family residential master planned subdivision; and
WHEREAS, Developer intends to take appropriate steps to comply with
environmental and land use requirements related to development of the property; and
WHEREAS, the City Planning Division conducted environmental review of the
Project under the State Environmental Policy Act ("SEPA") and issued a Final Mitigated
Determination of Nonsignificance ("MDNS") on the Project on July 2, 2008; and
WHEREAS, on July 24, 2008, the Hearing Examiner held an open record hearing in
consideration of the Project; and
WHEREAS, on August 7, 2008, the Hearing Examiner issued his land use
recommendation proposing that the Project be approved subject to conditions; and
WHEREAS, on January 20, 2009, after notice duly given according to the
requirements of the City of Yakima Municipal Code, the City Council held a closed record
public hearing and adopted the recommendation of the Hearing Examiner, and directed the
City Legal Department to prepare, appropriate legislation to approve the preliminary plat
and planned development subject to the obligation of Teammates to enter into a
development agreement with the City to implement the conditions set forth in the Final
Decisions; and
WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the
Final Decisions for the execution of a development agreement between Teammates and
the City to implement the conditions set forth in the Final Decisions; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will,
amongst other things, implement the conditions in the Final Decision, eliminate uncertainty
over development of the Project, provide for the orderly development of the Project
consistent with the City's current Comprehensive Plan and zoning for this Property,
mitigate environmental impacts, and otherwise achieve the goals and purposes for which
the Development Agreement Statute was enacted; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated Teammates Development Agreement. The Yakima
City Council, after a duly noticed public hearing, has determined that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of
this Agreement are consistent with the Comprehensive Plan and applicable development
regulations.
ADOPTED BY THE CITY COUNCIL this 20th day of
ATTEST:
City Cle
Teammates Development
Agreement 2009
2
200
David Ed er, Mayor
Return Address
YAkimet C, CL6k
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Document 1 Title:
Reference #'s:
(.Ui3Alt e7u r 46R 711E/Vi`
Additional reference #'s on page
G ntors:
11* 111111, 11 111 Ill, 112 I II*
FILE# 7639915
YAKIMA COUNTY, WA
01/26/2009 03:28:21PM
AGREEMENT
PAGES: 120
Recording Fee: 161.00
Expedite Fee: 50.00
CITY OF YAKIMA PLANNING
Grantees:
ae
Additional grantors on page additional grantees on page
Document 2 Title:
Reference #'s.
Additional reference #'s on page
Grantors: Grantees:
Additional grantors on page additional grantees on page
Legal Description (abbreviated form: i.e. lot, lbk, plat or S,T,R quarter/quarter)
,Wu °l4 , &'4 SE --e 3.2, TN" /3 /l; ,E67 fig), e-40/14
Additional legal is on page
Assessor's Property Tax Parcel/Account Number
/S/332- —42491
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 staff will not read the document to verify the accuracy or
completeness of the indexing information provided herein.
11
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title:
DEVELOPMENT AGREEMENT
City of Yakima Contract No. 2009-16
City of Yakima Resolution No. R-2009-07
Party No. 1: Teammates, LLC
Party No. 2: City of Yakima
/:26
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON, AND
TEAMMATES, LLC
THIS DEVELOPMENT AGREEMENT ("agreement") is entered into between the
City of Yakima, a Washington municipal corporation ("City"), and Teammates LLC, a
Washington limited liability company ("Developer").
WHEREAS, the City is a first class charter city incorporated under the laws of the
State of Washington and has the authority to enact laws and enter into agreements to
promote the health, safety, and welfare of its citizens and thereby to control the use and
development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with
those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 -
36.70B.210, YMC 14.10.040(B) and YMC 14.10.090; and
WHEREAS, Developer has obtained development rights for a single parcel of
approximately 38 acres at the southeast corner of the intersection of West Washington and
South 72nd Avenues, Yakima, Washington (the "property"). The property is legally
described in Exhibit A, attached hereto and incorporated herein by this reference as if set
forth in full; and
WHEREAS, Developer is proposing a 161 lot subdivision and creation of a planned
development with certain amenities for the property; and
WHEREAS, Developer intends to take certain steps to comply with environmental
and land use requirements related to development of the property; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City
adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised
and updated this plan and has adopted, and continues to adopt, development regulations to
implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which
zoned the property Single Family Residential; and
WHEREAS, the parties intend this agreement to guide the current and future uses of
the property; now, therefore,
Development Agreement - I
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IN CONSIDERATION OF mutual benefits, the parties agree as follows:
1. The proposed development. Developer's proposal for the property is hereby
acknowledged and warranted to be for the purpose of constructing a residential subdivision
and planned development. Developer specifically acknowledges and warrants that the
proposal for the property is construction of not more than 161 single-family detached homes
on separate lots together with accompanying amenities. The Developer's preliminary
plat/planned development application has been filed with the City. It has been reviewed and
recommended for approval by the Yakima Urban Area Hearing Examiner to the Yakima
City Council in the form of a Hearing Examiner's Recommendation dated on or about
August 7, 2008, attached hereto as Exhibit.13 and incorporated herein by this reference as if
set forth in full. The said subdivision and planned development is referred to herein as the
"proposed development."
2. Conditions of approval. Developer agrees to abide by the terms and conditions of
approval recommended by the Hearing Examiner, including construction of all infrastructure
described on the plat/planned development site plan map attached hereto as Exhibit C and
incorporated herein by this reference as if set forth in full, including as the same may be
revised to conform with conditions of approval set forth in the Hearing Examiner's
Recommendation. Developer agrees that the use of the property pursuant to this agreement
shall be consistent with the project description identified in the Washington State
Environmental Policy Act Mitigated Determination of Nonsignificance issued by the City of
Yakima on July 2, 2008, a copy of which is attached hereto as Exhibit D and incorporated
herein by this reference as if set forth in full (the "MDNS"). Developer agrees to abide by
the mitigation and other requirements identified as a part of the MDNS. Developer agrees to
abide by the conditions of such further or additional land use permits or other regulatory
permits or approvals as may be identified in the MDNS, or as may otherwise be required by
applicable federal, state, and local law including but not limited to the City's Title 12 and all
other applicable development standards, all as the same currently exist or may be hereafter
amended; provided, however, that the procedures and substantive rules of the City's Planned
Development ordinances, as codified at Ch. 15.09. Yakima Municipal Code and attached
hereto as Exhibit E and incorporated herein by this reference, shall guide and control all
matters related to said ordinances and to the planned development aspect of the proposed
development until this agreement terminates as provided.elsewhere herein. Developer
agrees to make future applications or submissions as may be necessary to fully implement
any phased review of the proposed development and any specific project proposed therein.
Developer agrees to abide by all such conditions as are identified as a part of the
Developer's common open space and maintenance management plan attached hereto as
Exhibit F and incorporated herein by this reference as if set forth in full.
4. Appeals. In the event that any of the permits or approvals associated with the proposed
development, including but not limited to SEPA determinations, preliminary plat, or
planned development approval, are or may be appealed, then in that event the City's
obligations under this agreement, and under the above -referenced development entitlements,
shall be suspended, and may be terminated in whole or in part to the extent that the City
Development Agreement - 2
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reasonably believes necessary to maintain consistency between this agreement (and/or the
above -referenced development entitlements) and the conclusion of any appellate
proceedings associated with the proposed development. Developer agrees not to appeal any
of the previously required permits or approvals associated with the proposed development,
including but not limited to SEPA determinations, preliminary plat, or planned development
approval.
5. Default/Notice. No party shall be in default under this agreement unless it has failed to
perform as required for a period of 30 days after written notice of default to the other party.
Each notice of default shall specify the nature of the alleged default and the manner in which
the default may be cured satisfactorily. The party not in default under this agreement shall
have all rights and remedies provided by law or equity, including without limitation,
damages, specific performance or writs to compel performance or require action consistent
with this agreement.
6. No third party beneficiary. This agreement is made and entered into for the sole
protection and benefit of the parties hereto and their successors and assigns. No other
person shall have any right of action based upon any provision of this agreement.
7. Third party legal challenge. In the event any legal action or special proceeding is
commenced against the City by any person or entity other than a party to this agreement to
challenge this agreement or any provision herein, including any of the permits, approvals, or
entitlements associated with this agreement, the City may elect to tender the defense of such
lawsuit or individual claims in the lawsuit to Developer. In such event, Developer shall hold
the City harmless from and defend the City from all costs and expenses incurred in the
defense of such lawsuit or individual claims in the lawsuit, including but not limited to
reasonable attorneys fees and expenses of litigation and damages awarded to the prevailing
party or parties in such litigation. The Developer shall not settle any such tendered lawsuit
without the consent of the City, which consent shall not be unreasonably withheld.
8. Terni. This agreement shall continue in force for a period of thirty-five (35) years unless
extended or terminated as provided herein or when the property has been fully developed,
whichever first occurs, and all the Developer's obligations in connection herewith have been
satisfied in the sole reasonable discretion of the City. Provided, however, that termination of
this agreement shall not affect any of Developer's obligations to comply with the Yakima
Urban Area Comprehensive Plan, any applicable zoning, subdivision, or other municipal
codes, or any land use entitlements approved with respect to the property or proposed
development. Termination of this agreement shall not affect any of Developer's obligations
herein which expressly or by implication are to continue after the termination of this
agreement; notwithstanding the generality of the foregoing, the parties expressly agree and
covenant that the streets within the proposed development shall be required to be private and
shall never be accepted by the City of Yakima as public streets.
9. Entire agreement. This agreement constitutes the entire agreement of the parties and
incorporates all prior discussions and agreements.
Development Agreement - 3
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10. City's reservation of rights. The parties intend this agreement to be interpreted to the
full extent authorized by law as an exercise of the City's authority to enter into development
agreements pursuant to RCW 36.70B.170. Provided, however, that this agreement shall be
construed to exclude from the scope of this agreement and to reserve to the City the
authority which is prohibited by law from being subject to the mutual agreement with
consideration of parties acting under Ch. 36.70B RCW. Without limitation, this shall
include the right of the City to impose new or different conditions on the property to the
extent required by a serious threat to public health and safety. Developer acknowledges that
any phased approach to developing the proposed development contemplates and requires the
exercise of further discretionary powers by the City. These powers include, but are not
limited to, review of additional permit applications under SEPA and other applicable law.
Nothing in this agreement shall be construed to limit the authority or the obligation of the
City to hold legally required public hearings, or to limit the discretion of the City or any of
its officials or officers in complying with or applying applicable law during review of
specific project proposals or other subsequent phases of the proposed development.
11. Developer's warranties and representations. Developer represents and warrants to
City that Developer has a property interest in the property, and that the covenants and
obligations of Developer in this agreement and in the permits, approvals, and entitlements
associated with this agreement and the proposed development do not violate or constitute a
default under or breach of any agreement between Developer and any third party by which
Developer is bound. Developer represents and warrants to City that Developer is fully
authorized to enter into and perform its obligations under this agreement. Developer
represents and warrants to City that there is neither pending nor, to the knowledge of
Developer, any threatened legal action, arbitration or administrative hearing before any
governmental authority to which Developer is a party and which could enjoin or restrict
Developer's right or ability to perform its obligations under this agreement.
12. Severability. If any provisions of this agreement are determined to be unenforceable or
invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction,
then the remainder of this agreement not decreed or adjudged unenforceable or invalid shall
remain unaffected and in full force and effect.
13. Agreement to be recorded. This agreement may be modified only by written
agreement of the parties hereto. This agreement or a memorandum thereof shall be recorded
against the property as a covenant with the land which touches and concerns the property
and shall be binding upon the City and Developer, their heirs, successors and assigns, and all
future owners of the property. Developer shall be responsible for the costs of recording.
14. Agreement approval. This agreement may only become effective upon execution by
the City of Yakima following adoption of a resolution approving the same following a
public hearing in compliance with Ch. 36.70B RCW.
AGREEMENT DATED this gie day of j2 /A -k , 2009.
cy_
Development Agreement - 4
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CITY OF YAKIMA
By:
Richard A. Zais, Jr.
City Manager
ATTEST:
TEAMMATES, LLC, a Washington
limited liability company
tai J
B y : —v
Name: Gwote6/_ /' 6-Oc;..-7, 1
Title: i1Ai1i7.4o f
Deborah Moore
City Clerk
STATE OF WASHINGTON
) ss.
County of Yakima
I certify that I know or have satisfactory evidence that Richard A. Zais, Jr.,
personally appeared before me, signed this instrument, on oath stated that he was authorized
to execute the instrument and acknowledged it as the City Manager of the City of Yakima,
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED:
Vsx/A 9 , 2009.
STATE OF WASHINGTON
County of Yakima
Development Agreement - 5
ss.
Notary Public
Residing at
Commission expires: 0—A5%70/0
CITY CONT RAC f NO: o?O49
RESOLUTION NO: R - 'dD9 '07
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1 certify that I know or have satisfactory evidence that gGovv.- IR c tpn o,
personally appeared before me, signed this instrument, on oath stated hat he was authorized
to execute the instrument and acknowledged it as the 04,971, Qa. ,44, of Teammates,
LLC, to be the free and voluntary act of such party for the rtes and purposes mentioned in
the instrument.
DATED: ti^,@4 .,21( , 2008.
Development Agreement - 6
Notary Public
Residing at 0`^'`4' WUt
Commission expires: 12 ,l� -Zo %o
DOC.
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EXIBIT "A"
LEGAL DESCRIPTION
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 13 NORTH, RANGE 18 E.W.M., RECORDS OF YAKIMA COUNTY,
WASHINGTON;
EXCEPT THE WEST 25 FEET FOR COUNTY ROAD;
AND EXCEPT COUNTY ROAD RIGHT OF WAY ALONG THE NORTH LINE
THEREOF;
AND EXCEPT THAT PORTION CONVEYED TO YAKIMA COUNTY FOR ROAD
BY DOCUMENTS RECORDED UNDER AUDITOR'S FILE NUMBER 7069241 AND
70692242;
AND EXCEPT THAT PORTION CONVEYED TO CITY OF YAKIMA, UNDER
AUDITOR'S FILE NUMBER 7454121.
SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON.
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EXHIBIT "B"
AUGUST 7, 2008, HEARING EXAMINERS RECOMMENDATION
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RECEIVED
AUG 0 7 2008
CITY OF YAKIMA
PLANNING DIV.
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
August 7, 2008
In the Matter of a Preliminary Plat and
Residential Planned Development
Application Submitted by:
Teammates, LLC
For a 161 -Lot Preliminary Plat and
Residential Planned Development Which
Is Located at the Southeast Corner of West
Washington Avenue and South 72nd
Avenue known as "Hidden Lakes"
PREL LONG PLAT #3-07
PD #1-07
EC #24-07
Introduction. The Hearing Examiner conducted an open record public hearing on July
24, 2008, and this recommendation is issued within ten business days of that hearing.
The only written public comment received during the open comment period for this
proposal prior to the public hearing was in favor of the proposal. Two people testified as
follows at the public hearing:
(1) A thorough staff report was presented by Assistant Planner Jeff Peters which
recommended approval of this preliminary plat and residential planned development
subject to enumerated conditions.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
1
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RECEIVED
AUG 0 7 2008
CITY OF YAKIMA
PLANNING DIV.
(2) The applicant's representative, Steve Strosahl of United Builders, indicated
that United Builders will be a co -developer and member of Teammates, LLC. He
testified that the staff recommendations are of high quality and explained details of the
proposal such as the trails and open spaces that are a part of the proposal.
Summary of Recommendation. The Hearing Examiner recommends approval of this
preliminary plat and residential planned development. subject to the conditions
recommended by Mr. Peters.
Basis for Recommendation. Based on a view of the site with no one else present on
July 23, 2008; the staff report, exhibits, testimony and other evidence presented at the
open record public hearing on July 24, 2008; the conditions of the SEPA MDNS dated
July 2, 2008 which became final without an appeal; and a consideration of the applicable
subdivision requirements, development standards and consistency criteria; the Hearing
Examiner makes the following:
FINDINGS
I. Applicant. The applicant is Teammates, LLC, P.O. Box 3, Yakima, Washington.
II. Location. The location of the proposal is at the southeast corner of the intersection
of West Washington and South 72nd Avenues. It is parcel number 181332-42001.
III. Application. This application includes the following preliminary plat and planned
development features:
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
2
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RECEIVED
AUG 0 7 2008
CITY OF YAKIM,
PLANNING DIV.
(1) A subdivision of approximately 38 acres of Single -Family Residential (R-1)
property into 161 single-family residential lots ranging in size from approximately 9,000
square feet to approximately 5,040 square feet (which is allowed only for the zero lot line
lots that are required by Table 5-2 of the UAZO to have at least 5,000 square feet);
(2) Creation of a Planned Development under the provisions of Chapter 15.28 of
the Urban Area Zoning Ordinance (UAZO), which includes the following amenities:
(a) 8 acres of open space;
(b) A clubhouse with recreational facilities and 30 parking spaces;
(c) 95 neighborhood off-street, landscaped parking stalls;
(d) Onsite private walking trails;
(e) Landscaped open areas;
(f) Water feature; and
(g) Private internal streets with two gated main entrances;
(3) Reduction of the R-1 zoning district minimum lot size from 7,000 square feet
to various sizes of not less than 5,600 square feet for 110 of the 161 lots that are not zero
lot line lots (Lots 1-8, 10, 11, 13-16, 18-26, 28-33, 35, 38-41, 44, 45, 48, 49, 52-61, 64,
65, 71-86, 89-93, 96, 97, 106-108, 112, 127-130 and 133-161); and
(4) Reduction of the rear yard setback for all lots from 20 feet to 15 feet utilizing
the City's Planned Development provisions in Sections 15.28.010-.070 of the UAZO,
subdivision procedures in Chapter 14.20 of the Yakima Municipal Code and
Administrative Adjustment provisions in Chapter 15.10 of the UAZO.
IV. Notices. Notices of the July 24, 2008 public hearing were provided in accordance
with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code
(YMC). They include the following:
Publishing of Notice of Application and Hearing:
Mailing of Notice of Application and Hearing:
Posting of Land Use Action Sign on the Property:
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
3
May 30, 2008
May 30, 2008
July 3, 2008
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RECEIVED
AUG '0 7 2
CITY OF YAKIMA
1Pi NG ON.
V. Environmental Review. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance (MDNS) on July 2, 2008 which became final without
an appeal and which required the following mitigation measures:
(1) All unwanted trees and vegetation must be removed by some means other than
burning on the site or at another site. Contractors doing grading, site preparation,
construction, and/or landscaping work on this project must file a dust control plan with
the Yakima Regional Clean Air Authority, along with providing the City of Yakima a
copy of such plan.
(2) An asbestos survey shall be performed by a currently certified asbestos
building surveyor prior to demolition and should asbestos be found it shall be removed by
a licensed asbestos abatement contractor prior to demolition. If no asbestos is found, the
owner/demolition contractor shall file a notification with YRCAA.
(3) The proponent shall contact Department of Ecology Water Resources to ensure
legal right to water, and obtain a water rights permit if necessary (Sections 90.03.380
RCW & 90.44.100 RCW).
(4) The proponent shall contact Department of Ecology prior to construction to
verify if Stormwater Pollution Prevention Plan and NPDES permits are required, and
obtain permits if necessary. The proponent shall provide the City of Yakima a copy of all
required permits.
(5) Erosion control measures shall be installed prior to any clearing, grading or
construction. These control measures must be able to prevent soil from being carried into
surface water (including storm drains) by stormwater runoff. A Stormwater Pollution
Prevention Plan (Erosion Sediment Control Plan) is required for all permitted
construction sites.
(6) The proponent shall submit complete stormwater management design plans,
specifications and calculations for City Engineer's approval prior to construction
(pursuant to the Eastern Washington Stormwater Manual and City of Yakima Stormwater
Management Guide).
(7) The proponent shall submit complete stormwater drainage plans, specifications
and calculations for the City's Surface Water Engineer's approval prior to construction
(pursuant to the Eastern Washington Stormwater Manual and City of Yakima Stormwater
Management Guide).
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
4
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RECEIVED
AUG 0 7 2008
CITY OF YAKIMA
PLANKING DIV.
(8) All Underground Injection Control (UIC) wells shall be registered with the
Department of Ecology and the engineer shall provide to the City a hard copy of the UIC
well registration form and DOE issued UIC well registration number before drainage
approval will be granted.
(9) During project construction all contractors shall adhere to the City of Yakima
noise regulations regarding hours of construction (YMC 6.04.180).
(10) All proposed lighting shall be directed to reflect away from adjacent
properties (YMC 15.06.100).
(11) Prior to construction, the proponent shall submit detailed plans for frontage
improvements, private roads, and water and sewer connections to the City Engineer for
approval (YMC Title 12, Development Standards).
(12) In conjunction with the applicants proposed plat the following dedications
and improvements shall required:
(a) Frontage improvements including curb, gutter and sidewalk are required
on Washington Ave., Coolidge Road and 72nd Ave.
(b) Additional right-of-way shall be dedicated on 72nd Ave., and Coolidge
Road as depicted on the applications site plan received May 16, 2008.
(c) The developer shall relocate the existing irrigation structure, including
open water areas and the concrete ditch to eliminate public safety hazards to
motorist and pedestrians.
(13) Fire hydrants shall be installed in accordance with the collaborative
determination of the Yakima Fire Department and Nob Hill Water Company's standards.
(14) An Opticom system shall be installed on all entrance gates.
(15) The proposed gate shall be a minimum of 20 feet wide.
(16) Locations for Fire Department Connection's for sprinkler systems shall be
determined when specific building plans are submitted.
(17) A note shall be placed upon the face of the plat stating "the streets within this
plat are private and shall never be accepted unto the City of Yakima as a public street.
(18) Upon preliminary plat approval the applicant and City of Yakima shall enter
into a development agreement codifying all development standards and conditions of
approval prior to final plat approval and recordation.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
5
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RECEIVED
AUG 0 7 2008
CITY OF YAKIMA
PLANNING DIV.
(19) The proponent shall submit a detailed site plan conforming to all applicable
site design, site screening and landscaping standards of the Yakima Urban Area Zoning
Ordinance for approval by the Code Administration and Planning Division prior to
construction (YMC 15.05).
VI. Transportation Concurrency. Transportation Concurrency Analysis was
completed on July 15, 2008. It indicated that this development will not exceed the PM
peak hour capacity of the City's arterial street system and that reserve capacity exists on
all streets impacted by this development. As a condition of environmental review, this
development has been required to contribute $15,212 for its pro rata share of the planned
construction of a roundabout at 72nd Avenue and Washington Avenue.
VII. Development Services Team. The Development Services Team met on March
20, 2008 and the following comments were submitted regarding this proposal:
(1) Engineering Division: This development can be served by sewer from
Washington Avenue, 72nd Avenue or Easy Street. A 30 -foot right-of-way is required
along the southerly and easterly sides of the plat for Coolidge Road right-of-way and 68th
Avenue right-of-way. The American Association of State. Highway Transportation
Officials requires a 96 -foot -diameter fire access turn around. Private roads will be built
to City standards at 33 feet with 5 -foot sidewalks on both sides. Two accesses are
required for this development. Frontage improvements are required on Washington
Avenue and 72nd Avenue. Additional right-of-way may be asked for on 72nd Avenue. A
county Drainage Improvement District line may have to be realigned in this plat. After
reviewing the proposed PD/Plat of Hidden Lakes, and all of its related covenants,
maintenance and common open space plans, it is the determination of the City Engineer
in accordance with Sections 12.02.060, 12.03.100, 12.04.050, 12.05.040 and 12.06.030 of
the Yakima Municipal Code that the proposed standards shown upon the applicant's
proposed plat and application are hereby adjusted and accepted, provided a note is placed
on the final plat stating "The streets within this plat are private and shall never be
accepted into the City of Yakima as public streets."
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
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(2) Stormwater: Complete stormwater design plans, specifications and runoff/
storage calculations supporting the stormwater designs are required pursuant to the
Eastern Washington Stormwater Manual and City of Yakima standards. These plans and
control measures must be reviewed and approved by the City of Yakima Surface Water
Engineer prior to construction. Additionally, the City now requires that all Underground
Injection. Control (UIC) wells be registered with the Department of Ecology (DOE) and
that the engineer provide the City a hard copy of the UIC well registration form and the
DOE -issued UIC well registration number before drainage approval will be granted.
(3) Life Safety Division: The following comments are based on the information
supplied for the Development Services Team meeting:
(a) The front gate does not appear to meet the fire code width requirement of
20 feet.
(b) Hydrant locations will be determined through collaboration with Nob Hill
Water.
(c) The electronic gates should incorporate a Knox key switch system.
After reviewing this development and the effects it will have with the established
neighborhood it will border, it is evident that it will be difficult for the fire department to
ever reach acceptable response time for that neighborhood. Whereas Hidden Lakes will
not increase response times to the subdivision to the south, the problem encountered will
be the inability to make rapid and direct connectivity to those citizens. Negotiating the
turns and two -gate system through the center of this complex creates such a delay to
South 69th Avenue that it is no better than the existing windy route which requires the use
of Occidental Avenue. Fire is estimated to double in size every 30 to 60 seconds. When
attempting to reach a house fire, the fire department tries to save every possible. second.
A more direct route could reduce the time by approximately two minutes. The police and
ambulance services would have these same time issues to deal with. One way to alleviate
this issue would be to extend Coolidge Avenue at South 72nd Avenue eastward until it
connects with South 69`h Avenue. Response times to that area would then align with the
standards that have been set forth by this City. The detailed work that has been put into
the creation of Hidden Lakes is appreciated, but this development must also take into
consideration the welfare of adjacent property owners.
(4) Nob Hill Water: Nob Hill Water Association is available to serve the proposed
development of Teammates. The available fire flow at the intersection of 72nd and
Washington Avenues is 5000 gpm. The fire flow throughout the development will be
between 4000 and 5000 gpm depending on location.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
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(5) Traffic Engineering: The proposed Teammates preliminary plat indicates 161
lots with internal private streets and gated entrances from public roads, using the Planned
Development provisions of the Municipal Code. The SEPA checklist states the housing
units will be "middle income," that some children will be added to local schools and does
not declare the housing will be limited to senior citizens. Traffic Engineering has the
following comments:
(a) The project proposes a gated community with private streets. Emergency
access, refuse and postal service needs as well as visitor access will need to be
provided.
(b) Street maintenance including snow removal, street signage and traffic
control within the Planned Development are the responsibility of the Homeowners
Association.
(c) This development requires review under the Transportation Concurrency
Ordinance (YMC 12.08). The 161 -lot development is expected to generate 1,540
vehicle trips (daily) or 163 during the PM Peak Hour. The Concurrency
application has been submitted for review.
(d) A second public access directly to the city street system is strongly
recommended and the applicant should consider the second access to 72nd Avenue
rather than 69th Avenue.
(e) The current proposed access to 69th Avenue would add traffic to enter a
low-density neighborhood on a local access street. Besides impacting an existing
neighborhood, fire and emergency access via 69th Avenue is circuitous, adding to
response time. If the applicant chooses to pursue the second street access to 69th
Avenue, then Coolidge Road should be extended to 69th Avenue to improve
emergency response times and reduce negative impacts to the existing
neighborhood.
(f) The Yakima County West Valley Neighborhood Plan (draft) identifies the
need to extend 72nd Avenue from Coolidge Road to Occidental and Ahtanum
Road. A total of 60 feet of right of way for 72nd Avenue has been suggested for a
(future) 3 -lane street. Frontage improvements with the Teammate Hidden Lakes
development on 72"d Avenue should extend to the southern limits of the plat.
(g) An existing irrigation structure, including open water areas and a concrete
ditch is located adjacent to the property at the intersection of 72nd Avenue and
Teammates, LLC 8
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07 DOC.
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Coolidge Road. This structure needs to be covered and/or relocated to eliminate
safety hazards to motorists and pedestrians.
(h) This development should contribute to the planned intersection
improvement project at 72nd Avenue and Washington Avenue for a roundabout.
The Pro Rata Share contribution is estimated at $15,212.
Improvement Current Project TIP Cost Pro Rata Share
Location ADT Impact (ADT) ($) Contribution
Washington & 72nd Ave. 6,760 162 $650,000 $15,212
(6) Wastewater: In accordance with Title 12, Section 12.03.020 of the YMC,
sewer for this development is to be extended through to the southeast edge of the
property to provide sewer to the parcel immediately south of this project adjoining the
Apple Blossom development. Layout of the sewer is required. The Wastewater Division
is concerned about the "narrow private roads" of this development. Much like the Fire
Department, Wastewater will be required to maneuver large vehicles (Vactor trucks)
within this development to maintain the public sewer.
(7) Building Codes: Each lot will require plan review, permits and inspection prior
to occupancy per Section 105 of the 2006 International Residential Code. Ron Melcher
will address Fire Department access. Addressing is assigned to the respective lots (set
forth in the Planning Division staff report).
(8) Yakima Regional Clean Air Authority (YRCAA): The YRCAA has the
following comments:
(a) The proponent/developer must address the air emission impacts, in
particular PM2.5, prior to any SEPA approval. Air emissions from such a large
development (161 lots), if and when using solid fuel devices (i.e., fireplaces,
woodstoves) during the winter season at one time, may violate the National
Ambient Air Quality Standards (NAAQS) for the 24-hour average.
(b) Contractors doing demolition, excavation, clearing, construction or
landscaping work must file a Dust Control Plan with the YRCAA.
(c) Prior to demolishing structures, if any, an asbestos survey must be done by
a certified asbestos building inspector.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
9
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(d) Any asbestos found must be removed by a licensed asbestos abatement
contractor prior to demolition.
(e) A notification for the demolition must be filed with YRCAA and the
appropriate fee paid.
(f) Since this project is located within the Yakima Urban Growth Area,
burning is prohibited at all times.
(9) Washington State Department of Ecology (Ecology): Ecology has the
following comments:
(a) Regarding toxics clean up, based upon the historical agriculture 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 the
potential buyers be notified of their occurrence.
(b) Regarding water quality, an NPDES Construction Stormwater General
Permit from the Washington State Department of Ecology is required if there is a
potential for Stormwater discharge from a construction site with more than one
acre of disturbed ground. This permit requires that the SEPA checklist fully
disclose anticipated activities including building, road construction and utility
placements. Obtaining a permit is a minimum of a 38 -day process and may take
up to 60 days if the original SEPA checklist does not disclose all proposed
activities. The permit requires that a Stormwater Pollution Prevention Plan
(Erosion Sediment Control Plan) is prepared and implementedfor all permitted
construction sites. These control measures must be 'able to prevent soil from being
carried into surface water (this includes storm drains) by stormwater runoff.
Permit coverage and erosion control measures must be in place prior to any
clearing, grading or construction.
(c) Regarding water resources, the water purveyor is responsible for insuring
that the proposed use(s) are within the limitations of its water rights. If the
proposal's actions are different than the existing water right (source, purpose, the
place of use or period of use), then it is subject to approval from the Department of
Ecology pursuant to Section 90.03.380 RCW and Section 30.44.100 RCW.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
10
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(10) Yakima Valley Conference of Governments (YVCOG): YVCOG strongly
supports unique developments like the one proposed by Teammates, LLC that emphasize
multi -modal transportation and a reduced dependence on single -occupancy vehicles.
YVCOG expressed one concern with the proposed development regarding the "lack of
right-of-way on lots 99-104 for the future eastward expansion of Coolidge Road, but later
agreed that such future expansion would not be practical due to development to the east.
VIII. Zoning and Land Use. The zoning of the property within the proposal and
surrounding the proposal is Single -Family Residential (R-1). Adjacent property to the
north is developed with single-family residences. Adjacent property to the east, west and
south is either undeveloped or developed with single-family residences.
IX. Jurisdiction. Sections 1.43.080, 14.05.050, 14.20.100 and 15.28.030 of the
Yakima Municipal Code (YMC) provide that the Hearing Examiner shall hold a public
hearing and submit a recommendation to the City Council relative to the subdivision
criteria listed in YMC 14.20.100 and in RCW 58.17 and the planned development criteria
in YMC 15.28.
X. Preliminary Plat and Planned Development Review Criteria. Sections
14.20.100 and 15.28.040 of the YMC provide that the Hearing Examiner shall review a
proposed preliminary plat and planned development 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: A determination of consistency with the provisions of
the City's Urban Area Zoning Ordinance involves a consideration of the following
provisions of the UAZO:
Teammates, LLC 11
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07 DOC.
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(a) Consistency with Intent of R-1 Zoning District: Subsection 15.03.030(2)
of the Urban Area Zoning Ordinance (UAZO) indicates that the intent of the
Single -Family Residential (R-1) zoning district is to establish and preserve
residential neighborhoods for detached single-family dwellings and to locate
moderate -density residential development up to 7 dwelling units per net residential
acre in areas served by public water and public sewer. The residential density
within this proposed preliminary plat is only 4.2 dwelling units per net residential
acre. The R-1 district is intended to have not more than 45% lot coverage; access
to individual lots by a local access street; large front, rear and side setbacks; and
one or two story structures. All proposed development in the plat will meet the
45% lot coverage requirement; all lots will have access to a private street; all lots
will have at least the standard 45 -foot front yard setback, 5 -foot side yard setback
and, if allowed under adjustment criteria, a 15 -foot rear yard setback in lieu of the
standard 20 -foot rear yard setback. These features indicate that the proposed
preliminary plat and residential planned development would be consistent with the
intent of the R-1 zoning district.
(b) Consistency with Intent of Planned Development Provisions: The UAZO
indicates that Planned Development (PD) projects that include elements normally
subject to legislative review, such as rezones or long subdivisions, shall be
processed in accordance with the Class (3) review procedures of Chapter 15.15 of
the UAZO. Class (3) uses are characterized as being normally incompatible with
their surroundings, but following an open record public hearing the Hearing
Examiner may permit these uses if questions of compatibility can be satisfactorily
addressed. The fmal decision in a Class (3) review must state specific reasons
upon which the decision to approve, approve with conditions, or deny is based.
The findings must demonstrate that the decision complies with the objectives of
the Comprehensive Plan, the intent of the zoning district(s), and the provisions and
standards established in Title 15 of the UAZO. Section 15.28.010 of the UAZO
states that Planned Development (PD) regulations are intended to provide a degree
of flexibility in design and density m planned developments so long as overall
development standards and quality of life considerations are maximized. PD
regulations are intended to create regulatory incentives to encourage construction
of affordable housing and a mix of housing types, encourage small-scale mixed-
use retail/residential/professional development within neighborhoods, and
encourage compatible infill developments. This development meets the intent of
Section 15.28.010 of the UAZO because it incorporates a unique private gated
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
12
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community design, a modification of the minimum lot size for the R-1 zoning
district from 7,000 square feet to various sizes of *not less than 5,600 square feet
for some of the lots, a reduction of the rear yard setbacks from 20 feet to 15 feet
for all of the lots, private streets and construction of zero lot line homes centered
around 8 acres of open space with interior meandering walking paths designed to
increase the quality of life for the residents of the development.
(c) Consistency of Requested Setback and Lot Size Modifications with
Planned Development Principles in the Zoning Ordinance: Section 15.28.040 of
the UAZO states that the Hearing Examiner may modify development standards of
the zone in which a planned development is located in accordance with the
Administrative Adjustment criteria in Chapter 15.10 of the UAZO and after
consideration of the following planned development principles. The following
planned development principles relate to the requested 5 -foot rear setback
adjustment from 20 feet to 15 feet for all of the lots and the requested 20% (1,400 -
square -foot) lot size adjustment from 7,000 square feet to not less than 5,600
square feet for 110 of the lots in the following ways:
(i) Privacy. Each development shall provide reasonable visual and
acoustical privacy for dwelling units and spaces for private use. Mitigating
measures may include fences, insulation, walks, barriers and landscaping. As
part of this planned development, the developer has proposed a 6 -foot -high vinyl
fence around' the perimeter of the development, and individual property owners
will not be prohibited from installing interior fencing on the property line. In
addition, there will be no clustering of units and all zero lot line lots will abut a
large common area. Thus, visual and acoustical privacy should not be issues for
this development.
(ii) Light and Air. Building space, coverage and height shall be designated
to provide adequate provisions for natural light and air. The proposed
development meets the standards of the R-1 zoning district with the exception of
the requested adjustments. Due to the design of the development with its trails
and open spaces, the proposed rear yard and lot size adjustments will not preclude
residents from having adequate access to natural light and air.
(iii) Code Compliance. In no case may spacing, setbacks or heights of
buildings violate fire, safety or other building code requirements. The requested
rear yard setback and lot size adjustments would meet all applicable fire, safety
and building code requirements.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
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(iv) Compatibility. The PD shall be integrated with surrounding land uses
and minimize any negative impacts thereto. The property and the entire
surrounding area is zoned R-1. Neighboring developments include Valley Estates
to the north, Easy Acres to the south and Crown Crest to the west. The adjacent
property to the east is currently used as orchard. A portion of that property has
been platted as Lemona Estates, but is not developed. By zoning the property R-1,
the City has recognized its suitability for single-family development. The
proposed density is approximately 4.2 development units per acre in a zone that
allows 7 units per acre with public water and sewer. Open spaces, perimeter
fencing, extensive landscaping and architectural control of the homes and
clubhouse will ensure that the Hidden Lakes development will be compatible with
both the existing residential neighborhoods and the new residential areas which
are under construction. In addition, as a SEPA mitigating condition, the developer
will be required to extend Coolidge Road to connect with South 69th Avenue in
order to provide the plat of Easy Acres with an efficient fire access route around
the PD of Hidden Lakes.
(v) Quality of Life. The modifications would not result in a significantly
reduced quality of life for residents or the larger neighborhood. The proposed
modifications of this PD from the existing R-1 zoning district standards should not
significantly reduce the quality of life for residents or the larger neighborhood.
The proposed reduction of the minimum rear yard setback and lot size standards
will only increase the quality of life for the residents of this PD, as the target
residents for this development are active adults. In many cases, potential buyers
may want the option of purchasing a smaller property/home to maintain, while still
feeling that they are part of a larger subdivision or community. The quality of life
of the larger neighborhood will be enhanced, as already mentioned, by the
extension of Coolidge Road easterly from South 72nd Avenue to South 69th
Avenue in order to provide increased fire protection for the residents of the Easy
Acres development to the south of this proposal.
(d) Consistency of Requested Rear Setback and Lot Size Modifications with
Zoning Ordinance . Administrative Adjustment Criteria: Chapter 15.10 of the
UAZO authorizes the adjustment of certain standards of the ordinance, including
building setback requirements. Section 15.28.040 of the UAZO allows the zoning
ordinance minimum lot size requirements to be reduced by a maximum of 20% in
planned unit developments if all other requirements of the UAZO are met or
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
14
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adjustments are granted by the Hearing Examiner. Such adjustments are intended
to allow for site design flexibility balanced against the general welfare of the
neighborhood and community. At least one of the following criteria listed in
Section 15.10.020 of the UAZO must be satisfied in order to allow the requested
5 -foot rear building setback reduction from 20 feet to 15 feet on all the lots of the
proposed preliminary plat and planned residential development and the requested
20% (1,400 -square -foot) lot size reduction for 110 of the lots from 7,000 square
feet to various sizes of not less than 5,600 square feet as shown on the preliminary
plat and residential planned development site plan.
(i) Siting for solar access: Solar access considerations are not relevant to
this adjustment request.
(ii) Zero Lot Line construction: While zero lot line construction is
proposed for this PD, no adjustment has been requested to reduce the lot coverage
or side yard setback standards which would normally be expected with zero lot
line construction.
(iii) Coordinate site features with surrounding land uses: As previously
noted, the proposed use of single-family development within the plat and planned
development is compatible with the R-1 zoning of the area and the existing land
uses in the surrounding developments. In view of the open spaces, amenities and
design features of the proposal, location of single-family homes within 15 feet of
the rear lot line of the proposed lots and on 110 lots that are between 5,600 square
feet and 7,000 square feet in size does not create any development constraints. All
lots either abut a proposed lot with a 15 -foot rear yard setback or a proposed open
space corridor/pathway. Consequently, the only properties affected by this
development are those of the development itself.
(iv) Flexibility of design: As already noted, the purposes of a planned
development are to provide for a degree of flexibility in design and density so long
as overall development standards and quality of life considerations are maximized;
to create regulatory incentives to encourage construction of affordable housing and
a mix of housing types; to encourage small-scale mixed-use retail/residential/
professional development within neighborhoods; and to encourage compatible
infill developments. This proposed development provides for all of these elements
except for small-scale mixed use retail/residential/professional development.
Teammates, LLC 15
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07 DOC.
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(v) Consistency with sub -area plans: No adopted sub -area plans exist that
address this area.
(e) Consistency with Zero Lot Line Development Requirements of Zoning
Ordinance. Section 15.09.040 of the UAZO authorizes the use of Zero Lot Line
development if the following requirements set forth in Subsection 15.09.040(C) of
the UAZO are met. This proposal complies with those requirements in the
following ways:
(i) Development Standards: All zero lot line developments shall comply
with the standards of Tables 5-1 and 5-2. This proposed preliminary plat and
planned development meets the zero lot line minimum lot size standard and the
other standards of both Table 5-1 and 5-2 of the UAZO with the exception of the
rear yard setback standard which may properly be adjusted under the
circumstances here presented by applying the Planned Development Modification
Criteria of Section 15.28.040 of the UAZO and the Administrative Adjustment
criteria of Section 15.10.020 of the UAZO.
(ii) Interior Side -Yard Setback Standard. The dwelling unit may be placed
on one side property line (a zero setback). The setback standard from the other
side property line shall be ten feet. No structures except for patios, pools, fences,
walls, and other similar elements are permitted within the required setback area.
The zero lot line homes within this plat/PD will all be located on a side property
line abutting a common open space parking area and, as a condition of the
approval and development agreement, no structures except for patios, pools,
fences and other similar elements will be permitted in the opposite ten foot side
setback area.
(iii) Rear -Yard Setback Standard. The rear yard setback standard is ten
feet. The plat/PD exceeds this standard by 5 feet because it provides a total of 15
feet of rear yard setback area.
(iv) Front and Streetside Setback Standards. Front and streetside setbacks
shall meet the standards of Table 5-1. All development within the plat/PD meets
or exceeds the applicable front and streetside setback requirements.
(v) Accessory Building Setback. Accessory buildings and structures shall
observe the setback requirement for the main dwelling unit. No accessory building
setbacks have been applied for at this time. .
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
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(vi) Platting Requirements. Each dwelling shall be located on its own
individual platted lot. The plat shall show the zero lot lines and the related
easements. Each individual zero lot line home will be required to be located on its
own lot, and the applicant will be required to submit a revised plat layout 'showing
all zero lot lines, and their related easements prior to preliminary plat approval.
(vii) Openings Prohibited on Zero Lot Line Side. In order to maintain
privacy there shall be no windows, doors, air conditioning units or any other type
of openings in the wall along the zero lot line, except when such a wall abuts
permanent open spaces, or a public or private right-of-way. The proposed lot
layouts, as submitted, will meet this requirement because all zero lot line homes
will abut a common open space parking area so as to allow openings on all sides of
the future homes.
(viii) Maintenance and Drainage Easements. A perpetual maintenance,
eave overhang, and drainage easement at least five feet wide shall be provided on
the lot adjacent to the zero lot line, which, with the exception of walls and/or
fences, shall be kept clear of structures. This easement shall be shown on the plat
and incorporated into each deed transferring title on the property. The wall shall
be maintained in its original color and treatment unless otherwise agreed to in
writing by the two affected lot owners. Eaves, but not any other part of any
structure, may protrude across a side lot line, and such protrusion shall not exceed
18." Water runoff from the dwelling placed on the lot is limited to the easement
area. A maintenance and drainage easement will not be required for any of the
proposed zero lot line construction in this proposed plat/PD because all
drainage/runoff will be directed to run to common open space areas.
(ix) Common Open Space and Maintenance Facilities. Any common open
space provided shall comply with the provisions of Section 15.09.030. As required,
the developer has provided a common open space and maintenance plan. This plan
will be required to be incorporated into the development agreement and recorded as
a covenant of the 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 the property within the proposed preliminary plat as suitable for low density
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
17
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residential development. This proposed preliminary plat is consistent with that
designation and is also consistent with other provisions of the Comprehensive Plan that
encourage infilling, recognize the need for public water and sewer, encourage disposal of
surface drainage on-site and encourage development consistent with the general land use
pattern in the area. The density of development will be less than 7 dwelling units per
acre. Specifically, the proposal is consistent with the following Objectives, Goals and
Policies of the City's Comprehensive Plan:
(a) Goal H3 which is to preserve and improve existing residential
neighborhoods;
(b) Objective G9 which is to encourage quality design while achieving
economic growth patterns;
(c) Objective L2 which is to establish a pattern of development that supports a
sense of community;
(d) Objective H3.1 which is to stabilize existing,viable neighborhoods;
(e) Policy H1.6.2 which is to encourage compatible infill of existing
neighborhoods to promote lower land development and cost of facilities;
(f) Goal H1 which is to encourage diverse and affordable housing choices; and
(g) Policy H1.6.1 which is to review existing zoning regulations and consider
innovative standards through development incentives.
(3) Subsection 14.20.100(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance": As proposed and with the adjustments and
recommended conditions, this proposed preliminary plat/residential planned development
would meet. 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
recommended conditions are intended to ensure consistency with the provisions of the
City's subdivision ordinance as well as other applicable City ordinances.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
18
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(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
insofar as there is a need in this community for single-family residences and insofar as
this proposed preliminary plat would be required to comply with all applicable City
development standards, all mitigation measures in the SEPA MDNS and all conditions of
approval specified by the City Council.
(5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: One
of the amenities featured in this proposal is its provision for ample open spaces. That
feature, together with lot coverage of 45% or less on the lots proposed for this
preliminary plat, will provide light, air and privacy for future residents sufficient to
constitute appropriate provisions for open spaces.
(6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
Complete stormwater management and drainage design plans, specifications and
calculations must be submitted pursuant to the Eastern Washington Stormwater Manual
and the City of Yakima Stormwater Management Guide. On-site drainage will be
permitted by methods to be reviewed and approved by the City. The MDNS imposes
specific and general conditions which will constitute appropriate drainage provisions for
this preliminary plat.
(7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: The SEPA MDNS requires the proponent to submit
detailed plans for the private roads and required curb, gutter and sidewalk frontage
improvements on Washington Avenue, Coolidge Road and 72nd Avenue which will make
appropriate provisions for streets and other public ways.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
19
DOC.
INDEX
# G-(
RECEIVED
AUG 072008
CITY Of YAKIMA
PLANNING DIV.
(8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops:
Appropriate provisions will be made for additional transit stops for this development as
the need arises.
(9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: All lots will be served with public
domestic water and water for fire protection purposes by the Nob Hill Water Association
which will constitute appropriate provisions for water for the development.
(10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There would be appropriate provisions for sanitary waste disposal for the
proposed preliminary plat in the form of public sewer service provided in accordance
with the City of Yakima's Title 12 standards. Adequate sewer mains to serve the
proposed preliminary plat/residential planned development are already within the area.
No septic systems or other method of sewage disposal will be allowed.
(11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: Appropriate provisions for parks and recreation areas for this proposed
preliminary plat/residential planned development exist due to the design of the
development which provides trails and open spaces for use by active adults and due to the
proximity of the West Valley Neighborhood Park within a mile of the development.
(12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds:
Appropriate provisions for playgrounds exist within this proposed preliminary
plat/residential planned development due to the nature of the open spaces and trails
within the development and the neighborhood park within a mile of the development.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
20
DOC.
INDEX
# c---
RECEIVED
AUG 0 7 2008
CITY OF YAKIMA
PLANNING DIV.
(13) Subsection 14.20.100(4)(j) Appropriate provisions for schools and
school grounds. The nature of this development, the existence of West Valley High
School within a mile of the development and the absence of comments from the 'School
District to suggest that this preliminary plat will lack appropriate provisions for schools
and school grounds satisfy this requirement.
(14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks:
Since the proposed plat would have sidewalks along its frontage on public streets and
would have interior walking trails in addition to the private street improvements required
by the City, the proposed plat would 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: There was no evidence presented at the hearing of a need for other planning
features to be provided within this preliminary plat/residential planned development in
order to make appropriate provisions for safe walking conditions for students who walk
to and from school.
(16) Subsection 14.20.100(5) — Public use and interest: The evidence indicated
that this proposed preliminary plat/residential planned development would be consistent
with neighboring land uses and would help serve the residential needs of this area. The
proposed development will better serve the needs of the area than continued agricultural
uses. With the appropriate adjustments and recommended conditions, it will comply with
the City's zoning ordinance, Comprehensive Plan and subdivision ordinance. It will also
make appropriate and adequate provisions for the public health, safety and general
welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste
disposal and sidewalks and is in a location where additional provisions for parks,
Teammates, LLC
SE Comer of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT .43-07; PD #1-07, EC #24-07
21
DOC.
INDEX
# _-i
RECEIVED
AUG 0 7 2008
CITY OF YAKImr,
PLANNING DIV.
playgrounds, schools or separate walking paths to school have not been recommended or
deemed necessary.
XI. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. The following analysis involves the consistency of the preliminary
plat/residential planned development with applicable development regulations, or in the
absence of applicable regulations, the adopted Comprehensive Plan as mandated by the
State Growth Management Act and the Yakima Municipal Code. During project review,
neither the City nor any subsequent reviewing body may re-examine alternatives to, or
hear appeals on, the items identified in these conclusions except for issues of code
interpretation.
(1) The type of land use contemplated by the proposal (a residential
development) is permitted on this site so long as it complies with the conditions of the
SEPA Mitigated Determination of Nonsignificance and the conditions imposed by the
Yakima City Council, as well as the regulations of the zoning ordinance, subdivision
ordinance, building codes and other applicable regulations.
(2) The level of development (lot size, contemplated density) would not exceed
the allowable level of development in the Single -Family Residential (R-1) zoning district
since the recommended lot size adjustment satisfies the zoning ordinance criteria.
(3) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that would be provided at the applicant's
expense would insure that adequate infrastructure and public facilities are available for
the proposed preliminary plat/planned development.
(4) The character of the proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed preliminary
plat/planned development which have been discussed in detail above. With the MDNS
conditions and the additional recommended conditions, the proposed preliminary
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
22
DOC.
INDEX
# C' --
RECEIVED
AUG 0 7 2008
CITY OF YAKlNw
PLANNING DIV.
plat/planned development would be consistent with the development standards of
applicable City ordinances.
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions:
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of a proposed preliminary plat and planned development pursuant to
Section 14.20.100 of the subdivision ordinance and Section 15.28.030 of the zoning
ordinance.
(2) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for
this proposed preliminary plat/planned development on July 2, 2008 which contains
required mitigation measures that became final without any appeal.
(3) The proposed preliminary plat and planned development of Hidden Lakes,
with the adjustment of the rear setback conditions detailed below, is in compliance with
the City's Comprehensive Plan, zoning ordinance and subdivision ordinance; makes
appropriate and adequate provisions for the public health, safety and general welfare and
for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds and sidewalks; and, according to the weight of
the evidence presented at the hearing, does not require that specific provisions be made
for the other requisite plat considerations such as additional schools, additional
schoolgrounds or additional planning features that assure safe walking conditions for
students who only walk to and from school.
(4) This proposed preliminary plat and planned development is in compliance with
the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the proposed
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
23
DOC.
INDEX
# G- 1
RECEIVED
AUG 072008
CITY Of YAKIMA
PLANNING DIV.
161 -lot preliminary plat and residential planned development of Hidden Lakes be
APPROVED with a rear yard setback adjustment from 20 feet to 15 feet for all lots and a
lot size adjustment from 7,000 square feet to various sizes between 5,600 square feet and
7,000 square feet for 110 of the lots that are not zero lot line lots as shown on the
preliminary plat and residential planned development site plan (Lots 1-8, 10, 11, 13-16,
18-26, 28-33, 35, 38-41, 44, 45, 48, 49, 52-61, 64, 65, 71-86, 89-93, 96, 97, 106-108,
112, 127-130 and 133-161) in accordance with the application and related documents
which are assigned file numbers PRE PLAT #3-07, PD #1-07 and EC #24-07, subject to
compliance with the requirements of the Urban Area Zoning Ordinance, Subdivision
Ordinance, Development Standards Ordinance and Traffic Concurrency Ordinance, as
well as the conditions of the final SEPA MDNS and of this recommendation discussed
above, the most significant of which are again outlined and summarized below as
follows:
Planned Development Conditions
(1) The applicant and City of Yakima shall enter into a development agreement
codifying all development standards and conditions of approval prior to final plat
approval and recordation in accordance with RCW 36.70B and all other laws applicable
to development agreements.
(2) In accordance with Subsection 15.09.040(C)(4) of the UAZO, each individual
zero lot line home shall be required to be located on its own lot, and the applicant shall
submit a revised plat layout showing all zero lot lines and their related easements prior to
preliminary plat approval.
(3) The developer shall incorporate his common open space and maintenance
management plan for the common open space plan in cooperation with the City into the
development agreement in addition to recording the document as a covenant of the plat.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
24
DOC.
INDEX
# '
RECEIVED
AUG 0 7 2008
CITY CIF YAKIivi„r
PLANNING DIV.
(4) As a condition of the development agreement the streets within the plat/
planned development shall be required to be private and shall never be accepted by the
City of Yakima as public streets.
(5) No structures except for patios, pools, fences and other similar elements shall
be permitted in the opposite ten foot side setback area for zero lot line lots in accordance
with Subsection 15.09.040(C)(1)(a) of the UAZO.
(6) The proponent shall submit complete stormwater drainage plans, specifications
and calculations in accordance with the Eastern Washington Stormwater Manual and City
of Yakima Stormwater Management Guide to the City's Surface Water Engineer for
approval prior to construction.
(7) All Underground Injection Control (UIC) wells shall be registered with the
Department of Ecology, and the engineer shall provide to the City a hard copy of the UIC
well registration form and DOE -issued UIC well registration number before drainage
approval will be granted.
(8) The developer shall prepare a maintenance plan for all private streets and
parking areas within the development. The developer shall submit the maintenance plan
to City staff for review and approval. Upon acceptance of the plan by the City of Yakima
the developer shall, in cooperation with the City, incorporate the proposed plan into the
development agreement, in addition to recording the document as a covenant of the plat.
Subdivision Conditions of Approval
(9) The developer shall install or bond all street frontage improvements and other
required improvements within the plat/planned development of Hidden Lakes, which
includes the following:
(a) Frontage improvements including curb, gutter and sidewalk are required
on Washington Avenue, Coolidge Road and South 72nd Avenue;
(b) Additional right-of-way shall be dedicated on South 72nd Avenue and
Coolidge Road as depicted on the applicant's site plan received May 16, 2008; and
Teammates. LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
25
DOC.
INDEX
#
RECEIVED
AUG 0 7 2008
CITY OF YAKIia.,
PLANNING DIV
(c) The developer shall relocate the existing irrigation structure, including
open water areas, and the concrete ditch to eliminate public safety hazards to
motorists and pedestrians (YMC § 12.06.060).
(10) The developer shall submit detailed plans for frontage improvements, private
roads, and water and sewer connections to the City Engineer for approval, and shall build
or bond said improvements prior to approval of the final plat (YMC Title 12,
Development Standards).
(11) A note shall be placed upon the face of the plat stating the streets within this
plat are private and shall never be accepted by the City of Yakima as public streets.
(12) Fire hydrants shall be installed in accordance with the collaborative
determination of the Yakima Fire Department and Nob Hill Water Association's
standards (YMC § 12.04.010, 020, 030 and 050).
(13) An Opticom system shall be installed on all entrance gates in accordance
with International Fire Code Standards, and the gate shall be a minimum of 20 feet wide.
(14) All domestic water for this development shall be installed to Nob Hill Water
Association standards (YMC § 12.04.050).
(15) Erosion control measures shall be installed and in place prior to clearing,
grading or construction in accordance with the Washington State Department of
Ecology's Erosion Sediment Control Plan regulations.
(16) A construction dust plan shall be filed with, and approved by, the Yakima
Regional Clean Air Authority (YRCAA).
(17) An approved YRCAA asbestos survey shall be required prior to the
demolition of the existing buildings, and should Asbestos Contact Masking (ACM) be
found, removal shall be accomplished by a licensed asbestos abatement contractor.
(18) Removal of vegetation shall be done by chipping or transport to a landfill
since burning is prohibited.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
26
DOC.
INDEX
RECEIVED
AUG 0 7 2008
CITY OF YAK$MM
PLANNING DIV.
(19) An eight -foot -wide public utility easement shall be required for all existing
sewer stubs and proposed stubs (YMC § 12.02.010).
(20) An eight -foot -wide utility easement shall be dedicated along the front of each
lot (YMC 12.02.020).
(21) All public and private utilities shall be located underground, with the
exception of telephone boxes and such similar structures.
(22) All irrigation lines and easements shall be shown on the face of the plat
(YMC § 14.20.050).
(23) Since this plat contains irrigation structures, "Irrigation Approval" shall be
shown on the face of the plat in accordance with YMC § 14.15.080(L) should a title report
indicate that the proposed property lies within an irrigation district.
(24) All other conditions of MDNS UAZO EC #27-04 not herein mentioned shall
be complied with in their entirety.
(25) All addresses assigned by the City (specified in the City Planning Division's
staff report) shall be clearly shown on the face of the final plat.
(26) The following note shall be placed upon the face of the final plat: "The
addresses shown on this plat are accurate as of the date of recording, but may be subject
to change. The City of Yakima Building Codes Division is responsible for the
confirmation or reassignment of addresses at the time of building permit issuance."
DATED this 7th day of August, 2008.
Teammates, LLC
SE Corner of W. Washington
and South 72nd Avenues
161 -Lot Plat of "Hidden Lakes"
PRE LONG PLAT #3-07; PD #1-07; EC #24-07
27
Gary M. Outlier, Hearing Examiner
DOC.
INDEX
# c
EXHIBIT "C"
PLAT/PLANNED DEVELOPMENT SITE PLAN MAP
DOC.
INDEX
# G
1-1 I L
/ • 'l,QLL LEY EST&i C S" I, - >
__J_
gf 80-rine"__ "__ aTw,N- rstl�'P
RECEIVED
DEC 0 2 2008
CITY OF YAKIMA
PLANNING lIV.
X30NI
-3oa
11
722 /1, $ i/q Ste, o ti 3z, 7 /3 fa, /3 �, tel. ill
P�,d %firo1e e e
--1 - - - CDeve.-6.1 e
8
0
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o 110
LEGAL DESCRIPTION
THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 32, TOWNSHIP 13 NORTH, RANGE
18 E. W.M , RECORDS OF YAKIMA COUNTY . WASHINGTON,
EXCEPT THE WEST 25 FEET FOR COUNTY ROAD.
AND EXCEPT COUNTY ROAD RIGHT OF WAY ALONG THE
NORTH LINE THEREOF:
AND EXCEPT THAT PORTION CONVEYED TO YAKIMA
COUNTY FOR ROAD BY DOCUMENTS RECORDED UNDER
AUDITOR'S FILE NUMBER 7069241 AND 7069242.
ANO EXCEPT THAT PORTION CONVEYED TO CITY OF
YAKIMA. UNDER AUDITOR'S FILE NUMBER 7454121.
SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON
180
PROPOSED NEW
iERNAIN ---
PROPOSED NEW
SEWERNAIN
Lemma
Drive
Contacts
Developer
Teammnler. LLC
P O Dox 1564
GIF Ilarbor. Washingmn 98313
Pal Loomis, Sic, Slmahl
0091576-0441
Utility Data
snnitaq Sewer
Cii nr\nLlmn
Dontestrc Water
Non Inn Water A.vaMinr
Civil Engineer/ Land Sun cyor
NmMegne, Conran Acr c.. Inc.
F01 Nonh 2911, A, cnuc
1'nlnru, WA 98902
Dennis Whilclrn P.L
Eng Hervrg, PLS
15091966-7100
City of Yaktlna Planning Dept.
129 North 2nd Siren
Yakima. WA 98901
Nruc1 Bow.
(509) 575-NN2
Storm Drainage
s r
nnJ dirpocai
L011110lpar CII) 91721.90
Coolidge Road
cn
NOTES
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REVISION DATE
ENTERED BY
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07109
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2007\07109\07109 D
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03-12-08
SHEET
OF 2
IrOT 8
AREA S.F.
5777
3
3850
5850
5850
6300
5650
5053
6470
9275
10
8806
6816
12
7247
13
6769
5717
t5
5600
16
13
5600
9991
18
5550
19
5650
20
5670
5670
22
5687
5887
6399
6125
26
6384
27
8039
28
5600
29
5600
30
5600
31
5828
12
5826
6856
34
7719
35
5923
36
5040
37
5040
36
5600
5600
40
6722
LOT AREAS
LOT A
AREA SF
41
6500
42
7530
43
7010
6431
5027
46
5040
47
5040
46
5600
5600
50
7163
551
�
f.
53
5600
54
555
5611'2.
56
5760
57
5780
58
59
6240
5949
5600
81
5609
62
5040
63
5040
64
5600
65
5629
56
8983
67
8285
66
8550
9460
70
7161
5965
72
5850
73
5850
6300
75
5850
76
6300
5850
76
5670
79
6028
80
6675
CENTERLINE PRIVATE ROAD
1 F----1 F
I
Interior Lot Setbacks
( ) PER 714070 R-1
_ RE01E5TED
R/W
LOT'/
AREA 51.
81
5760
82 •
5760
53 -
5760
84
5760
85
5750
5803
67
9597
66
7492
89 •
5929
90 •
5600
5600
92 •
13 •
5800
5600
94 .
5040
95
710,
96 •
5600
97
6355
98
9114
9435
6400
101
7560
102•
7560
103
8400
104.
9470
105
7598
106
6432
1071
108!
6220
6349
109!
7164
110!
7965
III .
7000
111
6800
1131
7000
114!
8211
1,5!
7957
116
7490
117.
7490
118
7490
41t'
7490
9211
LOT /
AREA S1
131
7513
22
7479
123
7490
124
7490
125
7490
126
7948
127
6403
128
6136
129
6431
130
131
6163
7769
132
6378
133
5962
134
6310
135
5846
136
6032
137
8032
138
6032
139
6027
140
5851
141
5600
142
5686
143
6125
144
6125
145
6125
146
6517
147
6154
148
6125
149
5175
150
5600
151
152
153
6125
6125
6023
154
5950,
155
5670
156
157
158
5670
5670
5670
159
5670
160
5870
161
5736
Corner Lot Setbacks
( ) PER 114020 R-1
REQUESTER
30
20' FACE TO FACE
CEMENT CONCRETE BARRIER
"CURB AND GLITTER
2.0%
RECEIVED
DEC .0 2 2008
CITY OF A
PLANNING-OW-
LEGEND
LANNIA V/.
LEGEND
EXISTING FEATURES NEW FEATURES
CONDUITS
MOM - HEN O. AND GUTTER
GAS 1Af ---` a HEN COON
SANTANY SLIER —.. CONc ETE 90Cw/4A
DOMESTIC 84570 • -- NED HANDICAP RAID
51089 CRAM --• • - HEN SEWa INE
OK18EA0 1006 — NEW WATER UE
R014fl01 •
— •• — NEM 5106TH ORAN PPC
TR4 NF1 166[4741101
INLITY PCIL AEE ND/CR MOWED
914480E �•. 470141 rw¢
487144. 11416101
CA701 MIX- 00101 BASH
FFIE HYDRANT 0811[X1
WATER VILA .140104 908
WATER 441867 SIRES 0011
SUCE 80X ENE HRRAHT
51REIT TANI '--f.- 84761 VALK
NITER IIEIER o WATER WV
IE1 A9"HILT [EXCRETE PAWNENT-10.74.-6, .1-7151) 5
CENTERLINE PRIVATE ROAD
CENTTN(: C4'a 'RAD (PUBLIC)
Lots 69 - 79 Setbacks
( ) PER YUAZO R-1
REOUE5760
CENTERLINE PRIVATE ROAD
AFFRONT
10
Ti2I REAR
(EASEMEN7
15.09.040
Zero Lot Line Lot
Setbacks & Easements
30
20' FACE TO FACE
•
0
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D
6/W
1 0'
128
'_127
Laves
125
126
,�,�. 6.1101141
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AND
— 1 A5-1 TIE G5 450
III ENDING OF RETURNS.
_111- SCORED JOINTS AT
5-1001 INTERVALS.
Concrete Border Cutb
Not to Scale
¢- (SUBOIM90N UNE)
i— #
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UJ ! L_L J�
West Washington Avenue
—
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NEW CITY
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STREET
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Secondary Entrance Gate Arca
Scale 1.4 111'
R TO =E
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NEW
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`0(6040.
ED50NG ASPHALT J 2" HMA CLASS 1/2" PC it
WIDTH VARIES 68-20 (MATCH E%157166) 2" COMP. DEPTH CO.. DEPTH CRUSHED CRUSHED SURFACING
TOP COURSE
SURFACING BASE COURSE 72nd Avenue Widening
No. In SeIle
e CONCRETE
150EWALX
2' COMP.
DEPTH CS TC
R/W
2.5" HATA CLASS 1/2' PG 64-26 COMMERCIAL
8' CRUSHED SURFACING BASE COURSE
Main Entrance Road
Nol 10 Sra0
50' R/W
8/W
3.5'
1 5'
12'
12'
CEMENT CONCRETE
BORDER CURB
PROFILE GRADE PONT
-23_,
4 5' 2' I 4.5'
DRAINAGE SW.LLC
NOTES:
I ALL TMCANESSES ARE COMPACTED DEPTHS
2 8201 00PE5 SHALL BE 3.1 UNLESS
OTHERWISE SHOWN ON PLANS.
3. ROADWAY MAY BE DESIGNED TO SHEET
FLOW DEPENDING ON SITE CONDITIONS
2' 090 CLASS 1/2' PG 84-38
CRUSHER SURFACING - BASE COURSE
Typical Neighborhood Street
171110 SFam
7 5
5' MEANDERING
WALHING PAIN
II •II
I
J
NOTE
ROADWAY. W10SCAPE/DRAINAGE
SWALE. AND PATH MEANDER
01MN RICHT OF WAY.
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ILLUMNATED `—
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ADDRESS 9I01
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8' LANDSCAPED
DRAINAGE SWALE
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GROUND
.5
20' FACE TO FACE
CEMENT CONCRETE BARRIER
CJ RB WMTH PERIODIC
DRAINAGE CURB CUTS
05
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5' CONCRETE 1
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2 5' HMA CLASS 1/2' ,]
PG 64-28 COMMERCIAL
6' COMP. DEPTH CRUSHED
SURFAONG BASE COURSE
Roundabout Street
Nn110 Srnlr
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30' R/0 TO BE R/W
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Coolidge Road Widening
54„1 m Sra1r
CIVIL ENGINEERING • LAND
SL
77
W I/4, SE 1/4 Section 32. T. 13 14., R. 18 E.`.V M.
Zero Lot Line
CPdldge Rd
1/25/OE
5/14/08
Enhance Cole 5/14/09
REVISION DATE
ENTERED BY
600
JOB NUMBER
07109
OLE NAME
2007\07109\07)09.0WG
DATE
03-12-08
SHEET
2 or 2
EXHIBIT "D"
JULY 2, 2008, MITIGATED DETERMINATION OF NONSIGNIFICANCE:
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NOTICE OF DECISION
Compliance with the Washington State Environmental Policy Act (SEPA)
July 2, 2008
On May 30, 2008, the City of Yakima, Washington issued a Notice of Application and
Environmental Review regarding an environmental checklist application submitted by
Teammates, LLC. This review concerns environmental review of the subdivision of 38 acres
into 161 lots utilizing the City of Yakima's Urban Area Zoning planned development provisions
within the Single -Family Zoning District (R-1).
Location: Southeastcorner of the intersection of West Washington and S. 72nd Avenues.
Parcel Number(s): 18133242001
City File Number: UAZO PD #1-07, Preliminary Long Plat #3-07 & EC #24-07
Following the initial 20 -day public comment period, and consideration of all comments received,
the City of Yakima has issued the enclosed SEPA Threshold Decision. For further information
or assistance, you may wish to contact Jeff Peters, Assistant Planner at (509) 575-6163 at the
City Planning Division.
Bill Coo
irector
Community & Economic Development
Notice of Decision Mailing Date: July 2, 2008
Enclosures: SEPA Determination, Site Plan, Vicinity Map, and Mailing Map
DOC.
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# G-!
WASHINGTON STATE ENVIRONMENTAL POLICY ACT
PRELIMINARY MITIGATED DETERMINATION OF • NONSIGNIFICANCE
CITY OF YAKIMA, WASHINGTON
July 2, 2008
PROJECT DESCRIPTION: Notice of Application and Environmental Review for the
subdivision of 38 acres into 161 lots utilizing the City of Yakima's Urban Area Zoning planned
development provisions.
PROPONENT: Teammates, LLC
LOCATION: Southeast corner of the intersection of West Washington and S.
72°d Avenues.
PARCEL NUMBER: 18133242001.
LEAD AGENCY: City of Yakima, Washington.
FILE NUMBER: UAZO PD #1-07, Preliminary Long Plat #3-07 & EC #24-07
DETERMINATION: The City of Yakima, as lead agency for this proposal, after reviewing a
completed environmental checklist and other information on file with the lead agency, has
determined that the project will not have a probable significant adverse impact on the
environment, and an environmental impact statement (EIS) will not be required under RCW
43.21C.030(2)(c), provided the measures listed below are used to mitigate potential adverse
impacts. The information relied upon in reaching this 'determination is available to the public
upon request at the City of Yakima Planning Division.
IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES:
This Mitigated Determination of Nonsignificance (MDNS) is hereby conditioned upon the
following mitigating measures, as authorized under WAC 197-11-660 and Yakima Municipal
Code YMC 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals,
policies, and regulations which provide substantive authority to require mitigation under the State
Environment Policy Act.
FINDINGS:
A. Air Quality/Dust Control: Because this site is located within the Yakima Urban Growth
Area, the trees and other unwanted vegetation identified in the Environmental Checklist for
disposal must be removed by some means other than burning on the site or any other site.
Contractors doing grading, site preparation, construction, and / or landscaping work on this
project must file a dust control plan with the Yakima Regional Clean Air Authority (YRCAA).
DOC
Hf`4LItX
1 # G- /
In addition, due to an existing home and outbuildings being demolished, prior to demolition an
asbestos survey done by a currently certified asbestos building surveyor is required and should
asbestos be found it must be removed by a licensed asbestos abatement contractor prior to
demolition. If no asbestos is found, the owner/demolition contractor must file a notification with
YRCAA.
B. Water Quality/Construction Storm Water Pollution Control: The water purveyor is
responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If
the proposal's actions are different than the existing water right (source, purpose, the place of use,
or period of use), then it is subject to approval from the Department of Ecology pursuant to
Sections 90.03.380 RCW and 90.44.100 RCW.
An NPDES Construction Stormwater General Permit for the Washington State Department of
Ecology is required as there is a potential for Stormwater discharge from a construction site with
more than one acre of disturbed ground.
Erosion control measures 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 (including
storm drains) by stormwater runoff. A Stormwater Pollution Prevention Plan (Erosion Sediment
Control Plan) is required for all permitted construction sites.
C. Storm Water Management: Complete stormwater design plans, specifications and runoff /
storage calculations supporting the stormwater design are required pursuant to the Eastern
Washington Stormwater Manual and the City of Yakima Stormwater Management Guide. These
plans and control measures must be reviewed and approved by the Yakima City Engineer prior to
construction.
In addition, all Underground Injection Control (UIC) wells are required to be registered with the
Department of Ecology and the engineer shall provide to the City a hard copy of the UIC well
registration form and DOE issued UIC well registration number before drainage approval will be
granted.
D. Toxics Clean Up: Based upon the historical agricultural use of this land, there is a possibility
the soil contains residual concentrations of pesticides. Therefore, the Department of Ecology
recommends that the soils be sampled and analyzed for lead and arsenic and for organochloride
pesticides. If these contaminants are found at concentrations above the MTCA clean up levels
Ecology recommends that potential buyers be notified of their occurrence.
E. Transportation:
The City of Yakima's Transportation Concurrency Ordinance (YMC 12.08). This 161 -lot
development is expected to generate 1,540 vehicle trips (daily) or 163 during the PM Peak Hour.
Therefore, based upon this developments vehicle trips the developer is required to pay a pro rata
share contribution of $15,212 for the planned intersection improvement project for 72°`' Avenue
and Washington Avenue for a,Roundabout.
F. Public Services: Fire and Life Safety:
1. Fire hydrants shall be installed in accordance with Nob Hill Water Company
Standards.
2. A Opticon system shall be installed on all entrance gates.
2
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«G--/
3. The proposed gate shall be a minimum of 20 feet wide.
4. Locations for Fire Department Connection's for sprinkler systems will be determined
when specific building plans are submitted.
G. Noise: During project construction, all contractors shall adhere to the City of Yakima noise
regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru
Friday, and 8:00 am to 10:00 pm weekends and holidays. (YMC Title 6, Public Safety and
Morals, Chapter 6.04.180, Public Disturbance Noise)
H. Frontage Improvements - Public Facilities: In conjunction with the applicants proposed
plat the following dedications and improvements are required:
1. Frontage improvements including curb, gutter, sidewalk and street lighting are
required on Washington Ave. , Coolidge Road and 72nd Ave.
2. Additional right-of-way shall be dedicated on 72"d Ave., and Coolidge Road as
depicted on the applications site plan received May 16, 2008.
3. The developer shall relocate the existing irrigation structure, including open water
areas and the concrete ditch to eliminate public safety hazards to motorist and
pedestrians.
I. Light and Glare: All proposed lighting shall be directed to reflect away from adjacent
properties. (YMC 15.06.100)
.1. Planned Development Standards: Upon preliminary plat approval the applicant and City of
Yakima shall enter into a development agreement codifying all development standards and
conditions of approval prior to final plat approval and recordation.
YAKIMA URBAN AREA COMPREHENSIVE PLAN GOALS, OBJECTIVES AND
POLICIES
Low Density Residential: Primarily single family, detached residences. Net residential density
before considering road and right of way is less than 7.0 dwelling units per acre.
Goal 113: Preserve and improve existing residential neighborhoods.
Objective G9: Encourage quality design while achieving economic growth patterns.
Objective L2: Establish a pattern of development that supports a sense of community.
Policy H1.6.2: Encourage compatible infill of existing neighborhoods to promote lower land
development costs of facilities.
MITIGATION MEASURES
3
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$ c-/
1. All unwanted trees and vegetation must be removed by some means other than burning
on the site or at another site. Contractors doing grading, site preparation, construction,
and/or landscaping work on this project must file a dust control plan with the Yakima
Regional Clean Air Authority, along with providing the City of Yakima a copy of such
plan.
2. An asbestos survey shall be performed by a currently certified asbestos building surveyor
prior to demolition and should asbestos be found it shall be removed by a licensed
asbestos abatement contractor prior to demolition. If no asbestos is found, the
owner/demolition contractor shall file a notification with YRCAA.
3. The proponent shall contact Department of Ecology Water Resources to ensure legal
right to water, and obtain a water rights permit if necessary. (Sections 90.03.380 RCW &
90.44.100 RCW)
4. The proponent shall contact Department of Ecology prior to construction to verify if
Stormwater Pollution Prevention Plan and NPDES permits are required, and obtain
permits if necessary. The proponent shall provide the City of Yakima a copy of all
required permits.
5. Erosion control measures shall be installed prior to any clearing, grading or construction.
These control measures must be able to prevent soil from being carried into surface water
(including storm drains) by stormwater runoff. A Stormwater Pollution Prevention Plan
(Erosion Sediment Control Plan) is required for all permitted construction sites.
6. The proponent shall submit complete stormwater management design plans,
specifications and calculations for City Engineer's approval prior to construction.
(pursuant to the Eastern Washington Stormwater Manual and City of Yakima Stormwater
Management Guide)
7. The proponent shall submit complete stormwater drainage plans, specifications and
calculations for the City's Surface Water Engineer's approval prior to construction.
(pursuant to the Eastern Washington Stormwater Manual and City of Yakima Stormwater
Management Guide)
8. All Underground Injection Control (UIC) wells shall be registered with the Department
of Ecology and the engineer shall provide to the City a hard copy of the UIC well
registration form and DOE issued UIC well registration number before drainage approval
will be granted.
9. During project construction all contractors shall adhere to the City of Yakima noise
regulations regarding hours of construction. (YMC 6.04.180)
10. All proposed lighting shall be directed to reflect away from adjacent properties. (YMC
15.06.100)
11. Prior to construction, the proponent shall submit detailed . plans for frontage
improvements, private roads, and water and sewer connections to the City Engineer for
approval. (YMC Title 12, Development Standards)
4
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# L-1
12. In conjunction with the applicants proposed plat the following dedications and
improvements shall required:
a. Frontage improvements including curb, gutter and sidewalk are required on
Washington Ave., Coolidge Road and 72nd Ave.
b. Additional right-of-way shall be dedicated on 72" Ave., and Coolidge Road as
depicted on the applications site plan received May 16, 2008.
c. The developer shall relocate the existing irrigation structure, including open
water areas and the concrete ditch to eliminate public safety hazards to motorist
and pedestrians.
13. Fire hydrants shall be installed in accordance with the collaborative determination
of the Yakima Fire Department and. Nob Hill Water Company's standards.
14. A Opticom system shall be installed on all entrance gates.
15. The proposed gate shall be a minimum of 20 feet wide.
16. Locations for Fire Department Connection's for sprinkler systems shall be determined
when specific building plans are submitted.
17. A note shall be placed upon the face of the plat stating "the streets within this plat are
private and shall never be accepted unto the City of Yakima as a public street.
18. Upon preliminary plat approval the applicant and City of Yakima shall enter :into a
development agreement codifying all development standards and conditions of approval
prior to final plat approval and recordation
19. The proponent shall submit a detailed site plan conforming to all applicable site design,
site screening and landscaping standards of the Yakima Urban Area Zoning Ordinance
for approval by the Code Administration and Planning Division prior to construction.
(YMC 15.05)
CONTACT PERSON: Contact Jeff Peters, Assistant Planner (509) 575-6163 for more
information.
There is no comment period for this MDNS
This MDNS is issued under WAC 197-11-340. There is no further comment period on the
MDNS.
This MDNS is issued under WAC 197-11-340 (2); the lead agency will not act on this
proposal for 20 days from the date of this preliminary threshold determination.
Responsible official: William R. Cook
5
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INDEX
Position/Title: CED Director/SEPA Responsible Official Phone (509) 575-6113
Address: 129 N 2°d Street, Yakima, WA 98901
Date July 2, 2008 Signat
You may appeal this dete vination to: Doug aples, Building Codes & Plannin
129 N 2nd Street, Yakima, ' 8901.
No later than: July 16, 2008
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.
6
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# C-1
EXHIBIT "E"
CH. 15.09 YAKIMA MUNICIPAL CODE
DOC.
INDEX
CHAPTER 15.09
SPECIAL DEVELOPMENT STANDARDS
Sections:
15.09.010 Purpose
15.09.020 Special development standards for the overlay districts
15.09.030 Common open space requirements
15.09.040 Zero lot line development
15.09.050 Performance standards—Emissions
15.09.070 Special development standards for service stations and other retail
uses selling motor fuel
15.09.090 Special requirements for animal husbandry
15.09.110 Special requirements for Bed and Breakfast Inns
15.09.120 Planned developments.
15.09.010 Purpose.
The purpose of this chapter is to specify certain standards that under special circumstances
may apply to, or be required for approval of, a proposed development or modifications to
development. (Ord. 2947 §1 (part), 1986)
15.09.020 Development Standards for the Overlay Districts.
A. Purpose. The overlay zoning districts are established to coordinate the provisions
established in the zoning ordinance with more detailed policies and standards adopted in
other plans and ordinances for the Yakima River Greenway, shorelines, and flood hazard
areas. The Airport Safety Overlay is established separately pursuant to Chapter 15.30 of
this title, and is expressly excepted from the provisions for overlay districts established in
other chapters of this title.
B. Application. The provisions of this chapter shall apply when all or a portion of a
development, or modification thereto, is proposed within the boundaries of an overlay
district.
C. Project Review in Overlay Districts. In order to assure the appropriate standards are
applied, all Class (1) uses in an overlay district, unless otherwise specified, shall be
subject to Class (2) review (Chapter 15.14). All Class (2) uses shall be subject to Class
(2) review, and Class (3) uses in an overlay district shall be subject to Class (3) review. A
reviewing official may condition or deny approval of any use, development, or
modification thereto, in an overlay district based on the provisions set forth and adopted
by this section. (Ord. 98-59 §3, 1998)
D. Special Development Standards in the Greenway Overlay District.
All development in the Greenway Overlay District shall conform to the requirements and
standards of the underlying zoning district and the policies and intent of the Yakima
River Regional Greenway Plan.
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# c —1
E . Special Development Standards in the Floodplain Overlay Districts. All development in
the Floodplain Overlay District shall conform to the requirements and standards of the
underlying zoning district and the flood damage prevention ordinance adopted by the
county/city. Development within shorelines jurisdiction or the floodplain shall also be
consistent with the county or city shorelines master program and/or the flood damage
prevention ordinance.
F. Coordination with the Shorelines Master Program. If a proposed Class (2) or (3)
use, nonconforming use expansion, or other modification is proposed on property within
the jurisdictional boundaries of the Yakima County Shoreline Master Program and is
subject to permits thereof, then the proposed change shall not be subject to the procedural
requirements of this title, but shall be subject to all applicable standards of this title. If a
conflict exists between the standards of the Shoreline Master Program and this title, the
more restrictive provisions shall apply. (Ord. 3106 §19,1988; Ord. 2947 §1 (part), 1986)
15.09.030 Common Open Space Requirements.
The following provisions shall apply whenever common open space is proposed by the
developer, or when required by a reviewing official under Class (2) or (3) review as a condition
of approval:
1. Use. The common open space may be used for recreation; shoreline access; landscaping;
visual, noise, or land use buffer; drainage control; or other uses approved by the
reviewing official during project review. Uses authorized for the common open space
shall be appropriate with the use, size and density of the proposed development and the
natural features of the site.
Common open space shall be improved for its intended use, but common open space
containing natural features may be left unimproved. All structures and improvements
permitted in the common open space must be appropriate with the authorized use and
natural features of the common open space.
Common open space may be used only for those uses specified in the approved final site
plan.
2. Location. The location, shape, size and character of the open space shall be suitable for
the type of project. Generally, common open space shall be located:
a. Next to other open space areas;
b. So that it buffers the proposed development from neighboring developments;
c. To provide access to recreation facilities or link recreational facilities with sidewalks
or paths.
3. Retention and Maintenance. The final site plan shall include a provision approved by the
reviewing official assuring the permanent retention and maintenance of the common open
space. Such assurance may be in the form of restrictive covenants, dedication of open
space to the public where such dedication will be accepted by the legislative body, a
homeowner's association, or any other method approved by the reviewing official. All
legal documents to carry out this requirement shall be approved by the jurisdictional legal
authority. The document shall contain a provision vesting the county/city with the right
to enforce the permanent retention and maintenance of the common open space and
UAZO AMENDED 2/6/01
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# G- )
providing that, in the event that common open space is permitted to deteriorate, or is not
maintained in a condition consistent with the approved plan and program, the county/city
may at its option cause necessary maintenance to be performed and assess the costs
thereof to the owners of the property within the project. A document shall also provide
for the collection of such costs by lien and/or direct civil action. (Ord. 2947 §1 (part).
1986)
15.09.040 - Zero Lot Line Development.
A. Purpose. Zero lot line development for single-family dwellings may be permitted in order
to: promote efficient land use, permit a more energy efficient arrangement of structures,
protect environmentally sensitive area,. or provide more usable private or community
open space.
B. Review Required. Zero lot line development in subdivisions and short subdivisions
approved after the effective date of this ordinance may be approved by class (2) review.
Zero lot line development may also be approved on lots created before the effective date
of this title. by class (3) review. A site plan meeting the requirements of Section
15.11.040 or, as applicable, Section 15.11.050, shall be prepared for all zero lot line
development.
C. Development Standards. All zero lot line developments shall comply with the standards
of Table 5-1 and 5-2, the provisions of this title, and the following requirements,
provided, that where the standards included herein conflict with the standards established
in other sections of this title, the standards herein shall apply:
1. Dwelling Unit Setbacks:
a. Interior Side -Yard Setback Standard. The dwelling unit may be placed on one
interior side property line (a zero setback). The setback standard from the other
side property line shall be ten feet. No structures except for patios, pools, fences,
walls, and other similar elements are permitted within the required setback area.
b. Rear -Yard Setback Standard. The rear yard setback standard is ten
feet.
c. Front and Streetside Setback Standards. Front and streetside setback standards
shall be those shown on Table 5-1.
2. Accessory Building Setback. Accessory buildings and structures shall observe the setback
requirements for the main dwelling unit.
3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district
requirements established in Table 5-1.
4. Platting Requirements. Each dwelling shall be located on its own individual platted lot.
The plat shall show the zero lot lines and the related easements.
5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy. there shall
be no windows, doors, air conditioning units, or any other type of openings in the wall
along the zero lot line, except when such a wall abuts permanent open spaces, or a public
or private right-of-way.
6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and
drainage easement at least five feet wide shall be provided on the lot adjacent to the zero
lot line property line, which, with the exception of walls and/or fences, shall be kept clear
of structures. This easement shall be shown on the plat and incorporated into each deed
UAZO AMENDED 2/6/01 103 NDC.
INDEX
transferring title on the property. The wall shall be maintained in its original color and
treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but
no other part of any structure, may protrude across a side lot line, and such protrusion
shall not exceed 18." Water runoff from the dwelling placed on the lot is limited to the
easement area.
7. Common 0 e S.ace and Maintenance Facilities. Any common open space provided
shall comply with the provisions of Section 15.09.030. (Ord. 2947 §1 (part), 1986)
15.09.050 - Performance Standards— Emissions.
A. Puroose and Application. The purpose of this section is to provide guidelines and general
standards governing emissions and miscellaneous items covered herein for use in evaluating the
impact of proposed developments and uses, or changes or alterations thereto, being considered.
under the terms of this title. A reviewing official, including those engaged in class (1) review or
administrative modification review, may impose reasonable conditions, or in appropriate
instances deny proposed developments, based on the standards and guidelines set forth in this
section. in order to assure that permitted uses do not generate gases,
fumes, heat, glare,
vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or
incompatible with surrounding uses.
B. Gases Fumes and Va ors. The emission of any gases, fumes or vapors dangerous to human
health, animal life, vegetation or property, are prohibited.
C. Heat. No use shall produce heat significantly perceptible beyond its lot lines.
D. Glare. No use shall produce a strong dazzling light, 01 a rcf!ection of a strong
dazzling light, beyond its lot lines.
E. Vibrations. No use shall cause vibrations or concussions detectable beyond its lot lines
without the aid of instruments, with the exception of vibration resulting from construction
activity.
F. Stora e and Waste Dis osal. All materials and waste which might cause fumes or dust,
constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive
to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent
such hazards. Ord. 2947 §1 (part), 1986)
15.09.070 S ecial Develo ment Standards for Service Stations and Other Retail Uses
Selling Motor Fuel.
A. Pu ose The purpose of this section is to establish special site design standards for new
service stations and other retail uses supplying motor fuel. These standards are intended to
assure that such uses are compatible with adjoining residential .districts and the character of the
district in which they are located:
B. Fift -foot Setback from Residential Districts Re.uired. Each pump island shall be set back at
least 50 feet from the zoning district boundary of all adjoining residential districts. Other
permitted structures shall comply with the setback provisions established in Table 5-1.
C. Storaee and Dis.la of Vehicles Prohibited. No area of any service station or other
104OCi.
UAZO AMENDED 2/6/01
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# G—/
retail use selling gasoline shall be used for the storage, display, sale, or leasing of any. new or
used vehicle. (Ord. 2947 §1 (part), 1986)
15.09.090 - Special Requirements for Animal Husbandry
A. Purpose. The purpose of this section is to assure that the raising of domesticated farm
animals within the urban area is compatible with adjoining residential uses and the intent and
character of the district in which they are located.
F. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban
area is one-half (1/2) acre. A lot at least one-half 1/2) acre in size shall be deemed to meet
this requirement even though a portion of the lot may be used for a single-family dwelling.
G. Project Review. Animal husbandry operations which would create noise and odors, attract
insects or rodents, or be otherwise incompatible with surrounding residential uses or the
intent of the zoning district, may be conditioned or denied by the reviewing official in
accordance with the provisions of this section and Section 15.09.050.
H. Minimum Setback. No portion of any structure used to house a domestic farm animal shall
be within one hundred feet of any residence other than the dwelling on the same lot.
I. Maximum Number of Animals. The maximum number of animals that may be kept on the
site at any time of the year shall be the number of animals that can be sustained by the pasture
on which they are kept as their primary source of food, except during the winter months. The
burden of proving that the pasture can sustain the number of animals in question shall be on
the applicant.
J. Fencing. Fencing adequate to contain the animals shall be provided and maintained.
(Ord. 93-98 §43, 1993; Ord. 3106 §21, 1988)
15.09.110 Special Requirements for Bed and Breakfast Inns
Bed and breakfast inns shall meet all applicable health, fire, safety and building codes. Any
reception hall or meeting room shall be restricted to serve no more than the total number of
tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be
subject to the following requirements, except in those zoning districts in which motels and hotels
are Class (1), (2), or (3) uses:
A. Home occupation bed and breakfast inns shall be operated so as not to give the
appearance of being a business, and the inn shall not infringe upon the rights of
neighboring residents to peaceful occupancy of their homes. Minimal outward
modifications of the structure or grounds may be made only if such changes are
compatible with the character of the neighborhood.
B. Meals shall only be served to guests, even if required to be licensed as a restaurant under
State regulations, except as otherwise permitted in this title.
C. The number of guestrooms shall not be increased through any exterior modifications or
additions to the home occupation bed and breakfast.
D. The front yard shall not be .used for off-street parking for bed and breakfast guests unless
the parking area is screened and found to be compatible with the neighborhood, or unless
waived by the reviewing official.
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# 6-
E. One non -illuminated or externally illuminated sign, not exceeding the maximum size
allowed within the zoning district in which located, and bearing only the name of the inn
and/or the operator, shall be permitted.
F. The reviewing official may authorize use of the bed and breakfast inn for receptions,
group meetings, and special gatherings based upon the size of the inn, availability of
adequate off-street parking spaces, public health considerations, and compatibility with
the surrounding neighborhood.
G. The number of lodging or guestrooms in home occupations shall be no more than five.
(Ord. 93-81 §44, 1993)
15.09.120 Planned Development, Purpose
A. The purpose of the Planned Development (PD) regulation is to provide a degree of flexibility
in design and density in planned developments, provided overall development standards and
quality of life consideration are maximized. The PD regulation is intended to create
regulatory incentives to encourage construction of affordable housing and a mix of housing
types, encourage small-scale mixed-use retail/residential/professional development within
neighborhoods, and encourage compatible infill development. Those incentives may include
density bonuses and use of innovative standards for projects that help meet affordable
housing goals. They may also include features that enhance quality of life (e.g. sensitive
treatment of environmental features such as parks, open space, interconnected pathways, and
features that promote security and safety for both the neighborhood and the community).
B. An application for a Planned Development must support the purpose of this regulation as
stated above. In addition, it must be consistent with the adopted Yakima Urban Area
Comprehensive Plan's "Action Plan" goals, objectives and policies; the Future Land Use
Map; and the intent statement and densities for the designated land use, as shown on the
Future Land Use Map. The Planned Development regulation is not intended to reduce
minimum development standards, such as setbacks and lot coverage, beyond that of the
current administrative adjustment provisions of Chapter 15.10 of this title. (Ord. 98-63 §1,
1998)
15.09.130 Permitted Uses and Minimum Project Size.
A. A Planned Development may be approved and located within any zoning district and shall be
consistent with the Comprehensive Plan. In a PD, uses are permitted in accordance with
those uses and densities permitted in the underlying zone, as well as allowing for a mix of
uses. Additional uses may be permitted, as outlined within this chapter.
B. The following uses are permitted in a Residential PD:
1. One -family, two-family, and multi -family residences;
2. Accessory incidental retail may be specifically and selectively authorized in a residential
PD. Permitted accessory uses, however, shall be scaled to meet only the needs of the
inhabitants of the project;
3. Recreational facilities which are intended to serve the PD including, but not limited to,
tennis courts, swimming pools and playgrounds;
4. School, library;
UAZO AMENDED 2/6/01
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5. Manufactured home park and subdivisions, provided that the provisions of UAZO
15.04.120 shall be met as a condition of approval o the preliminary PD plan.
C. The following uses are permitted in a Commercial or Industrial PD:
1. Uses are permitted in accordance with those uses allowed within the underlying zoning
district;
2. Uses shall meet all zoning standards in accordance with the underlying zoning district;
3. Uses shall be consistent with the Yakima Urban Area Comprehensive Plan and Future
Land Use Map.
A planned development incorporating commercial or industrial facilities must provide a
buffer area along theboundary of the planned development, which shall visually screen the
planned development from any adjacent properties zoned or used for residential purposes. If
automobile parking, driveways, or machinery operation is to be provided within one hundred
(100) feet of a PD boundary, a fence or structure six (6) feet high shall be provided.
Evergreen plantings may be used to fulfill the screening requirements. Evergreens shall be
planted and designed to present a natural appearance to adjacent properties.
D. In residential, nonresidential and mixed land use PDs, various land uses may be permitted
subject to conditions if such uses are deemed by the Hearing Examiner to be appropriate, in
compliance with the comprehensive plan, and not detrimental to surrounding land uses. No
retail or commercial uses shall be allowed within the Suburban Residential (SR) or Single -
Family Residential (R-1) districts. Within the Two -Family (R-2) and Multi -Family (R-3)
residential districts; nonresidential uses may be permitted by the Hearing Examiner, provided
the following conditions are complied with:
1. Any nonresidential uses proposed in a PD shall be limited to those designed and intended
for the use of the residents within the proposed development and planned as an integral
part of that PD. Evidence shall be provided to show the intended use by the residents and
the integral design.
2. If the nonresidential use is a commercial use, the applicant shall establish specific
community need for the facilities.
3. Where the underlying zone is R-3, nonresidential uses are limited to those allowed under
the B-1 zone as a Class (1) or Class (2) use as listed in Table 4-1 of the Urban Area
Zoning Ordinance (UAZO), in compliance with B-1 provisions, unless specifically
provided otherwise in these PD provisions.
4. As a general guide, where the underlying zone is R-3, commercial uses will be limited to
no more than five percent of the land contained in the PD, except as provided for in
section 15.09.170. The commercial uses in a PD overlaying an R-3 zone may not be
occupied until two-thirds of the proposed residential units are completed and occupied.
5. No commercial or other intensive non-residential use may be permitted within one
hundred fifty feet of the boundary of any adjacent residential district. The Hearing
Examiner may require buffers, landscaping and other requirements to minimize
undesirable impacts. All existing significant trees and landscaping within required buffer
areas shall be retained whenever feasible. The examiner may require evidence that
adequate control measures are provided. to protect the general public interest, health,
safety, comfort and welfare from any suspected nuisances, hazards, or offensive
conditions.
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E. Minimum Project Size: The minimum project size for a PD proposal is one-half acre. (Ord.
98-63 §1, 1998)
15.09.140 Application and Hearing Process
1. Public Hearing. PD projects complying with this chapter shall be submitted to the
Hearing Examiner for a public hearing. PD projects that include elements normally
subject to legislative review, such as rezones and long subdivisions, shall be subject to
approval by the appropriate legislative body and shall be processed under the
requirements of Chapter 15.15 of this title. The legislative body shall proceed in
accordance with UAZO 15.23.030(F).
2. Consolidated Application. When an applicant applies for a PD, the application may be
considered simultaneously (consolidated) with an application for one or more of the
following: a preliminary plat, rezone, or any other Hearing Examiner action ruled to be
suitable. The application for a consolidated PD hearing shall contain all of the
information required as if each application were being considered separately. Notice of
the consolidated public hearing shall state clearly and separately each action to be
considered. This notice shall satisfy the requirements for each action under consideration.
A comprehensive plan modification application shall be submitted, if required.
3. Pre -Application. A sketch plan may first be submitted to the City or County planning
department/division (planning) which shall include the tentative material outlined for a
Preliminary Application in subsection 4 of this section. Planning will provide
recommendations to the applicant regarding the compliance of the PD with these
provisions.
4. Preliminary PD Application. The applicant shall file with Planning 20 copies of the
Preliminary PD Application. Subdivision of property, if included as part of the
application, shall comply with the applicable City/County subdivision regulations.
Planning prescribes the application form for a PD and the type of information to be
provided by the applicant. The application shall include a site plan as required by the
Urban Area Zoning Ordinance.
The. PD application may include two or more phases of development, provided that:
a) A comprehensive site. plan for the entire PD site is provided;
b) Timing for each .phase is indicated;
c) Each phase will be subject to current development standards;
d) Each phase of a proposed PD must contain adequate infrastructure, landscaping and
all other conditions of the PD to stand alone if no other subsequent phases are
developed.
5. Department Comment. Planning transmits copies of the PD plan to City/County
departments and other governmental agencies. with jurisdiction for their advice and
report.
6. SEPA Environmental Checklist. A SEPA Environmental Checklist may be required
depending on the size and scope of the project and if the project triggers locally adopted
SEPA thresholds.
7. Public Notice. Public notice of the hearing shall be provided pursuant to UAZO
15.11.090.
8. Public Hearing and Recommendation. After public hearing thereon, the Hearing
Examiner's decision will be final unless appealed, or unless the examiner's action is a
UAZO AMENDED 2/6/01
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recommendation to a legislative body. The approval/recommendation is provided in
writing and is based on written findings of fact to record the reasons for approval or
denial. The approval of the Hearing Examiner is binding as to the general intent and
apportionment of land for building and other uses, circulation, and conditions of
approval. The Hearing Examiner may recommend the requirement of a bond or surety to
guarantee compliance with condition(s) if deemed necessary.
9. Preliminary/Final PD Application Combined. An applicant may combine a
preliminary/final PD application, provided all requirements of a Final PD Submittal are
met at the time of application.
10. Final PD Submittal. The applicant shall, within five years of the date of preliminary
approval of a PD, submit to Planning. a final PD plan, in total or by phases, of the
proposed development, which shall contain evidence of compliance with all the
conditions of the PD approval. The final PD shall be prepared by a licensed architect or
registered civil engineer or surveyor. The development plan shall be to scale and contain
sufficient information to establish the identity of proposed uses, grades, and approximate
dimensions and locations of proposed structures, streets, parking areas, walkways,
easements and property lines. Planning evaluates the final PD plan to assure compliance
with all conditions of the examiner's preliminary approval, and forwards the final PD
plan to the legislative body for approval by ordinance. Planning also submits to the City
Clerk/appropriate County department the list of persons to be notified of the adoption
public meeting. If the final PD plan is not received within five years, approval of the PD
expires. Required improvements not constructed prior to final PD submittal may be
guaranteed by a surety bond or other financial obligation acceptable to the City/County.
Building permits may be issued after final PD plans are approved by the legislative body.
11. Development Agreement. The final PD may be subject to a development agreement as
provided for in this chapter.
12. Recordation. The final PD plan as approved by the legislative body shall be recorded
with the Yakima County Auditor's office, in accordance with the Auditor's recording
procedures.
13. Appeal. Hearing Examiner and legislative decisions are subject to appeal pursuant to this
chapter.
14. Zoning Ordinance Map. The PD is identified on the zoning map when the final PD is
effective by the symbol "PD" and with appropriate reference to the PD number.
15. Revocation of Approval. A PD approval may be revoked by decision of the appropriate
legislative body upon the finding that the development of the subject property has not
been consistent with the PD permit. (Ord. 98-63 §1, 1998)
15.09.150 Modification of Underlying Zoning Requirements
A. The Hearing Examiner may modify the requirements and standards of the zone or zones in
which the project is located in accordance with UAZO 15.10, Adjustments, subject to the
following:
The maximum lot coverage, setback, parking and other requirements of the underlying zone
may be modified in the PD by the Hearing Examiner, provided consideration is given to the
following principles:
1. Privacy. Each development shall provide reasonable visual and acoustical privacy for
dwelling units and spaces for private use. Mitigating measures may include fences,
insulation, walks, barriers and landscaping,
UAZO AMENDED 2/6/01
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# �_
2. Light and Air. Building spacing, coverage and height shall be designed to provide
adequate provisions for natural Light and air.
3. Code Compliance. In no case may spacing, setbacks, or heights of buildings violate fire,
safety, or other building code requirements.
4. Compatibility. The PD shall be integrated with surrounding land uses and minimize any
negative impact thereto.
5. Quality of Life. The modifications would not result in a significantly reduced quality of
life for residents or the larger neighborhood.
B. The examiner may also reduce lot size requirements of an underlying district by a maximum
of 20%, provided all other requirements of the Urban Area Zoning Ordinance are met or
adjustments are granted by the examiner. (Ord. 98-63 §1, 1998)
15.09.160 Modification of an Approved PD
1. Except for changes determined to be minor changes as provided by this section, changes to
an approved PD or to any conditions imposed on a PD approval shall be reviewed and
approved, approved with conditions, or denied by the examiner and appropriate legislative
body pursuant to the procedures provided by this chapter for an original request for PD
approval.
2. Minor Changes. Minor changes to a PD may be approved by the Planning Manager
(Manager) for the City, or the Director of Planning for the County (Director). Any changes
which would adjust the minimum requirements for lot coverage, setbacks, parking and other
requirements of the underlying zone, or that would alter an adjustment granted by the
examiner, are not considered minor in nature. For purposes of the section, "minor changes"
means changes which meet the following qualifications:
a) For residential buildings, an increase of not more than 5% in the size of structures,
provided that there is no increase in the overall density of the project.
b) For nonresidential buildings, a reduction or increase of no more than 5% in gross floor
area.
c) A revision in internal floor plans, if consistent with the character of the use.
d) The alteration of vertical elevations by no more than 5%.
e) The relocation of building footprints by no more than 5 feet, unless a specific setback or
separation distance was imposed as a condition of PD approval. Building locations must
meet setback requirements unless an adjustment has been granted by the examiner.
f) The substitution of plant materials included, provided they are substituted by similar
types of landscaping.
g) A reduction in the size of signs or an increase in sign setbacks.
h) The internal rearrangement of parking spaces in a parking area, if the total number of
parking spaces provided is not reduced and circulation hazards or congestion are not
created by the redesign.
i) A change in the name of the PD or in the names of streets within the PD.
j) Other similar changes of a minor nature proposed to be made to the configuration,
design, layout or topography of the PD which are deemed not to be material or significant
in relation to the entire PD and are determined not to have any significant adverse effect
on adjacent or nearby lands or the public health, safety or welfare.
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# c__ -
3. Any proposed change to an approved PD may be referred to the examiner and appropriate
legislative body for review, regardless of whether the change may qualify as a minor change
as noted above. (Ord. 98-63 §1, 1998)
15.09.170 Density Bonus Criteria
A. The purpose of density bonuses is to encourage developers to promote housing affordability
by encouraging planned developments to include affordable housing strategies within a
project.
B. Eligibility to obtain a density bonus is based upon site plan review and hearing approval by
the Hearing Examiner. Such density bonus may be granted if the PD plan submitted is
judged by the Hearing Examiner to have achieved one or more of the density bonus criteria.
C. The maximum density bonus allowed is limited to an additional ten percent over the density
allowed in the underlying zone.
D. Density Bonus Criteria. Upon submittal of the PD application, Planning reviews the
proposed project and submits a report to the Hearing Examiner, containing
recommendations and findings of fact with respect to the allocation of density bonus for the
project. The amount of density bonus shall be decided by the examiner based on the type
and amount of additional amenity provided by the project. No density bonus will be allowed
if •it is determined by the examiner that the additional density 'may create incompatibilities
with adjoining properties, significant environmental degradation, or substantial reduction of
the capacity of available community infrastructure. Consideration of the following criteria
should be given but need not be limited to these:
1. Affordability of Housing. Items for consideration here would include the provision of a
mix of housing types, utilization of townhouses, condominiums and apartments directed
toward providing a reasonable variety of housing types, especially including low- and
moderate -income dwelling units, and provisions of housing for senior citizens (age 55
and over) and special needs populations. Up to 5% additional density bonus may be
allowed for this category.
2. Facilitation of Small Lot Sizes and Clustering. Small lot sizes, clustering and other
options, which increase the supply of affordable housing and home ownership options,
will be considered under this category. Up to 5% additional density bonus may be
allowed for this category.
3. Infill Development. Development that utilizes without overburdening existing
infrastructure may be considered eligible for density bonuses. Up to 5% additional
density bonus may be allowed for this category.
4. Quality of Life. Use density bonuses to reward projects which:
a) Treat environmental features sensitively;
b) Include parks, other public or private open space, and interconnected pathways;
c) Are designed to promote security and safety within a neighborhood and community
context; and
d) Utilize other design features to enhance the quality of life for residents and the larger
neighborhood.
5. Other items_ Other suitable items believed by the Hearing Examiner to be related to the
Purpose section of this chapter and worthy of consideration may also be included as
UAZO AMENDED 2/6/01
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# G->
density bonus criteria. Up to 2% additional density bonus may be allowed for this
category. (Ord. 98-63 §1, 1998)
15.09.180 Common Open Space.
1. Provision of Common Open Space. In the event that a PD provides common open space, the
open space shall be developed and maintained by the owner(s) of the PD. Each ownership
interest within the PD shall include an undivided proportionate interest in the common area.
Ownership and maintenance of the common areas designated for the enjoyment of
residents/owners shall be the responsibility of the owner(s) pursuant to an appropriate
covenant, recorded with the County Auditor, binding the PD owner(s) to the maintenance of
the common areas, or a different arrangement may be determined adequate by the Hearing
Examiner.
2. Open Space Management Plan. In the event that a PD provides common open space,
an Open Space Management Plan (OSMP) shall be prepared by the applicant for review at
the time of application. The OSMP shall include provisions for the periodic inspection of the
subject open space by the appropriate jurisdiction. In the event that open space is not
maintained consistent with the OSMP, the City/County shall have the right to provide the
maintenance thereof and levy an assessment against the property in favor of the City/County
for all reasonable and necessary costs of such maintenance. The assessment levied against
the property shall constitute a lien against the property in favor of the City/County and shall
be subject to foreclosure as are deeds of trust and mortgages. (Ord. 98-63 §1, 1998)
UAZO AMENDED 2/6/01
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# C -I
EXHIBIT "F"
COMMON OPEN SPACE AND MAINTENANCE MANAGEMENT PLAN
DOC.
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# :-1
Teammates LLC Development
Open Space Management Plan
For
"Hidden Lakes"
Per Yakima Municipal Code 15.09.180 (2)
1
RECEIVED
MAR 1 4 2008
CITY OF YAKIMA
PLANNING DIV.
DOC.
INDEX
# 6—J
H CEIVED
MAR 1 4 2008
CITY OF YAKIMA
Table of Contents PLANNING DIV.
1. Introduction 3
2. Creation and Enforcement 3
3. Inspections 3
4. Landscape Design 4
5. Fencing Design 4
6. Irrigation Design 4
7. Path Design 5
8. Landscape Maintenance 5
9. Fence Maintenance 5
10. Irrigation Maintenance 5
11. Path Maintenance 6
12. Water Feature Maintenance 6
13. Open Space Maintenance Budget 6
2
DOC.
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# C-�
1. Introduction
RECEIVED
MAR 1 4 2008
CITY OF YAKIMA
PLANNING DIV.
Teammates LLC initial management plan for the "Hidden Lakes" open
space areas is intended to be the beginning point for a positive long term
relationship between the Teammates LLC, Hidden Lakes Homeowners
Association (HLHOA) and the City of Yakima (CY). The plan shall
apply to all open spaces as designed and designated at the time of final
plat approval.
The intended uses for the common open space include landscaping,
fencing, walking paths, water features and drainage control. The
development and design of these uses will be consistent with the
approved final site plan.
2. Creation and Enforcement
The creation of the open space for Hidden Lakes will be in accordance
with YMC 15.09.030 and incorporated into the site plan. There shall be
restrictive covenants and dedication of open space accepted by the
HLHOA which acknowledge the creation of the open spaces as originally
designed and the responsibility to retain and maintain them permanently.
The CY will also be vested with the right to enforce retention and/or
maintenance. If open spaces are allowed to deteriorate or are not
maintained consistent with the approved plan, enforcement may include
CY maintaining/restoring the open spaces and assessing the cost of such
maintenance/restoration to. the HLHOA and it's owners via lien and/or
direct civil action. Liens shall be subject to foreclosure as are deeds of
trust and mortgages.
3. Inspections
Appropriate CY personnel will be welcome to inspect the existence and
maintenance of all designed open spaces at anytime.
3
DOC.
INDEX
# 1
4. Landscape Design
RECEIVED
MAR 1 4 2008
CITY OF YAKIMA
PLANNING DIV.
Initial landscape design and plant material will serve to enhance and
preserve scenic and aesthetic values. It will be consistent with a Yakima
theme...as such, plant materials will be hearty and able to withstand
normal high and low temperature ranges. Large trees for summertime
shade and heat relief will be accompanied by size appropriate evergreen
trees, shrubs and perennials designed to have year round "seasonal"
interests including habitat for desirable wildlife. Plant material that is
known to have problems attracting or being victimized by undesirable
insects or rodents will not be used (if problems occur or are discovered
after initial installation, said plant material will be replaced). Use of
grass is important to the drainage control aspect of the design as well as
for balance, scenic beauty and reduction of noxious weeds. Planters
without grass as well as tree rings within grassed areas will be covered
with natural screened bark to cover drip irrigation equipment, retain
water and reduce weed growth.
5. Fencing Design
Fencing shall delineate the property perimeter and discourage
trespassing, thereby maintaining privacy and security of the open space
and HLHOA member properties. Fencing shall also aesthetically match
the character of the landscape.
6. Irrigation Design
Irrigation water rights are available within the Hidden Lakes
development and will be utilized to irrigate the grass and plant material in
the open space areas. Standard irrigation design practices will be
employed including use of water saving sprinklers for grass areas and
micro drip irrigation in planting beds, which promote water savings,
weed reduction and deep rooting. Winterizing "blow out" ports will be
strategically installed. Electronic timers will control watering schedules
4
DOC.
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# L-%
RECEIVED
MAR 1 4 2008
CITY OF YAKIMA
and will be capable of accommodating drought years, water rationinglillNNING DIV.
zone watering needs in coordination with individual homeowners.
7. Path Design
Paths will be designed to have comfortable and durable walking surfaces.
The design should include strategic lighting and be able to withstand
wintertime snow removal.
8. Landscape Maintenance
All plant material will be inspected and pruned appropriately each year in
the late winter/early spring. Grass mowing will be done in season
(approximately April -October) no less than once per week. Plant
fertilizing, when needed, will be accomplished in a manner consistent
with individual plant needs and generally accepted practices and
products. Weed control will be accomplished by a spray program on an
as needed basis and will include weed control in planting beds and weed
control in the lawn areas using generally accepted practices and products.
Insect control will be accomplished via contract with a licensed and
bonded spray professional for annual and as needed services. Lawn
edging and re -barking of the planting beds and tree rings will be
accomplished on an as needed basis.
9. Fence Maintenance
Fence will be inspected periodically, but not less than once per month,
and repaired/maintained as needed.
10. Irrigation Maintenance
At the beginning of each irrigating season (usually April), all irrigation
systems in the open areas will be turned on and tested... any needed
repairs revealed during testing will be addressed immediately. During
DOC.
5 INDEX
# C_ j�
RECEIVED
MAROF )l 4 2008
CITY VAKIWIA
the watering season, lawn mowing personnel will activate the irrigafItA G DIV.
system after a mowing, at least once per month, to inspect system for
breaks, leaks or malfunctioning equipment...anything discovered will be
repaired immediately. At the end of the irrigating season (usually
October), all irrigation lines in the open space areas will be blown out
using a high volume air compressor to prevent winter freezing and
damage.
11. Path Maintenance
Walking path areas will be maintained on an as needed basis and
inspected no less than once per month. Maintenance will include weed
control, garbage and debris clean up, sweeping and snow removal.
HLHOA may decide to only perform snow removal on certain walking
paths during winter months. Maintenance will also include resurfacing
and bridge replacement as necessary.
12.Water Feature Maintenance
Any water features, bodies of water or creeks will be inspected
periodically, but not less than once per months and repaired/maintained
as needed.
13. Open Space Maintenance Budget
It is anticipated that the budget for the open space maintenance described
in this plan will be $45 per household per month or $86,940 annually
(when development is fully built out). This budget figure will be
reflected in the HLHOA budget as a required cost of retention and
maintenance of the required open spaces. Budget considerations include
equipment and tool maintenance with impound for periodic replacement.
Fertilizers, weed control products, fuel, PVC parts, PVC glue &
miscellaneous irrigation parts. Labor costs plus burden, outside contracts
6
DOC.
INDEX
ri=t.01G1!lCU
MAR 1 4 2008
CITY OF YAKIMA
for predetermined services, emergency or as needed outside contra!tbNNIND DIV.
costs. Budget does not consider original costs of creation or original
equipment purchases.
7
DOC..
INDEX
After Recording Return to:
Shannon Sperry
Lasher Holzapfel Sperry & Ebberson PLLC
601 Union Street, Suite 2600
Seattle, WA 98101-4000
DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND
EASEMENTS FOR HIDDEN LAKES
Parcel "A" as shown on that certain record of Survey filed for record May 14, 2007, under
Auditor's File Number 7562131, records of Yakima County, Washington. Situated in Yakima
County, State of Washington, and
Parcel "B", as shown on that certain record of Survey filed for record may 14, 2007, under -
Auditor's File Number 7562131, records of Yakima County, Washington. Situated in Yakima
County, State of Washington, and
Parcel "C" as shown on that certain record of Survey filed for record May 14, 2007, under
Auditor's File Number 7562131, records of Yakima County, Washington. Situated in Yakima
County. State of Washington, and
Parcel "D" as shown on that certain record of Survey filed for record May 14, 2007, under
Auditor's File Number 7562131, records of Yakima County, Washington: Situated in Yakima
County.
THIS DECLARATION is made this day of , 2009 by the undersigned who
are hereinafter referred to as Declarant.
I. BACKGROUND
1. Declarant, Teammates, LLC, is the owner of certain property in Yakima County, Washington
and particularly described as Lots 1-161 of the Plat of under Yakima County
Recording No.
2. Declarant intends to create on that property a residential community known as Hidden Lakes
with permanently maintained common areas and easements for the benefit of the owners.
3. Declarant intends to complete construction in three phases: Phase I will include (100 lots), and
Phase II will include (61 lots) for a total of 161 lots.
Declaration of Covenants. Conditions and Restrictions
Hidden Lakes
Page l
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# G-(
4. Declarant desires to preserve and enhance the property values, amenities and opportunities in
the above described residential community and to provide for health, safety, and welfare of
residents, and to this end, desires to subject the property described above, together with such
additions as may be made to the property to the covenants, restrictions, common areas,
easements, charges, and liens set forth in this Declaration, each and all of which are for the
benefit of the property and each owner.
5. Declarant has incorporated Hidden Lakes Homeowners Association to provide a means for
meeting the purposes and intents set forth in this Declaration.
6. This Declaration of Covenants, Conditions and Restrictions is created and filed pursuant to the
laws of the Sate of Washington.
Ii. DECLARATION
I. Declarant declares that the property as described above shall be held, transferred, sold;
conveyed, and occupied subject to the covenants, restrictions, common areas, easements, charges
and liens set forth in this Declaration, together with such other property as may be subsequently
added in the future.
2. Further, Declarant delegates and assigns to Hidden Lakes Homeowners Association the power
of maintaining, administering and enforcing the covenants and restrictions, collecting and
disbursing, the assessments and charges created in this Declaration, and promoting the health,
safety, and welfare of the residents.
3. The streets, related appurtenances and other common areas are private improvements and do
not meet the standards to ever be accepted into the City of Yakima public street system.
III. DEFINITIONS
it is the Declarant's intent to define key terms in a manner identical to or consistent with the
terms used in Washington Law. When used in this Declaration, each of the following terms shall
have the meaning indicated unless the context clearly requires otherwise. In the event of any
conflict, inconsistency or incongruity between the following definitions and those set forth in the
Washington Law, the latter shall in all instances govern and control.
1. "ACC" shall mean the Architectural Control Committee as described in this Declaration.
2. "Area of Common Responsibility" shall mean and refer to all land and improvements within
the Property, including the Common Areas, which are the responsibility of the Association to
maintain, repair and replace.
3. "Area of Personal Responsibility" shall mean and refer to all land and improvements within
the Property which are the responsibility of the Owners to maintain, repair and replace.
Declaration OI Covenants. Conditions and Ilcsu'i�Uims
I-h(Id n lakes
l'age
DOC.
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11 C-1
4. "Areas reserved to Declarant". The Declarant does hereby reserve unto itself and convey to
the Association a perpetual, non-exclusive easement, if necessary, for the placement and
maintenance of any entry and signage monumentation and lighting, for all utilities necessary
incident to the same, over and across portions of the property which are actively constructed
upon concerning any entry or signage monumentation if constructed by the Declarant. Said
easement shall authorize those benefited by the terms thereof to enter onto and across said
property at all reasonable times in order to effectuate the terms of the above grant and
reservation.
5. "Assessment" shall mean and refer to a charge, cost or fee, including Base, Special and
Specific Fees.
6. "Association" shall mean Hidden Lakes Homeowners Association, a Washington nonprofit
corporation, its successors and assigns.
7. "Board" or "Board of Directors" shall mean the duly elected and qualified Board of Directors
of the Association.
8. "Builder" shall be any entity which purchases multiple lots from the Declarant for the purpose
of constructing residences thereon. At any time as such party has sold or conveyed all of the lots
held by that entity, then that party shall no longer be'considered a `Builder" or Declarant.
Builders are subject to all covenants in the same manner as an Owner is subject to this
.Declaration.
9. "Bylaws" shall mean and refer to the Bylaws of the Association, a copy of which are attached
to this Declaration as Exhibit "" and incorporated herein by this reference.
10. "Common Areas" shall mean all of the real property and improvements which may be owned
or leased by the Association, all easements which are defined as common areas as more
particularly set forth in this Declaration, or real property owned jointly by all lot owners or for
the common use and enjoyment of the lot owners including but not limited to access roads and
easements.
11. "Declarant" shall initially refer to Teammates, LLC. "Declarant" shall also refer to any
individual or entity to whom the Declarant assigns its rights as Declarant under the terms and
provisions of the Declaration.
12. "Developer" shall mean and refer to Teammates, LLC, a Washington limited liability
company and its successors and assigns.
13. "Development Period" shall mean the period of time from the date of recording of this
Declaration until 180 days after the date upon which 100% of the Lots have been sold by the
Declarant or any shorter period, as determined by the Declarant. A partial delegation of authority
by the Declarant of any of the management duties described in this Declaration shall not
terminate the development period.
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14. "Dwelling" shall mean and refer to a residential dwelling or living unit. For purposes of this
document, a Dwelling shall come into existence when substantially completed or upon the
issuance of a certificate of occupancy by the appropriate governmental agency.
15. "Federal Mortgage Agencies" shall mean those federal agencies which have an interest in
any lot or lots, or common areas, such as the Federal Housing Administration (FHA), the
Veterans Administration (VA), the Federal National Mortgage Association (FNMA), the Federal
Home Loan Mortgage Corporation, or their successors to their interest.
16. "First Mortgagee" shall mean a lender who holds the first mortgage or deed of trust on a lot
and who has notified the Association in writing of his holdings.
17. "Lot" shall mean Lots 1 through 149 of the plat of Hidden Lakes as recorded in the office of
the Yakima County Auditor's.
18. "Majority" shall mean and refer to those eligible votes of Owners totaling more than fifty
(50%) percent of the total eligible votes.
19. "Manager" shall mean and refer to the person or entity appointed or hired to manage and
operate the Property.
20. "Member" shall mean a member of the Homeowners Association by virtue of lot ownership.
21. "Mortgage" shall include, except where stated to the contrary herein, a mortgage, deed of
trust, real estate contract, or other security instrument.
22, "Occupant" shall mean and refer to any Person who is otherwise legally entitled to occupy
and use any Building or Improvement on a Lot whether or not such right is exercised, including
their heirs, personal representatives, successors and assigns.
23. "Office of the County Recorder" shall mean and refer to the Office of the County Clerk of
Yakima County, Washington.
24. "Owner" shall mean every person or entity, including Declarant or Builder(s), which is a
record owner of the fee simple title to any lot, or if any lot is sold under real estate contract, the
vendee or vendees under that contract; provided however, that the term "Owner" shall not
include those having such interest merely as security for the performance of an obligation.
25. "Property or Community" small mean the entire real property developments subject to this
Declaration.
26. "Use Restrictions" shall mean and refer to the rules and -use restrictions set forth in this
Declaration as they may be modified, amended, repealed, concealed, limited, withdrawn or
expanded.
27. "Teammates, LLC," a Washington limited liability company, shall mean and refer to the
Developer or Declarant.
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IV. MANAGEMENT OF COMMON AREAS
AND ENFORCEMENT OF DECLARATION
Section One: Development Period. During the development period the Declarant shall appoint
the board of directors of the Association. The Declarant may also appoint members of the
Association to other committees or positions in the Association as the Declarant deems
appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges,
and duties to the Members as the Declarant determines. Any member appointed by the Declarant
during the development period may be dismissed at the Declarant's discretion. The Declarant
shall also appoint members to the Architectural Control Committee. At such time as the
Declarant has sold and conveyed all Lots, then the Declarant may resign as a director of the
Association and from any other committees for the duration of the development.
Section Two: Purpose of Development Period. The Declarant's control of the Association
during the Development Period is established in order to ensure that the real property and the
Association will be adequately administered in the initial phases of development, to ensure an
orderly transition of Association operations, and to facilitate the completion of construction of
housing, units.
Section Three: Authority of Association After Development Period. At the expiration of the
Development Period, the Association shall have the authority and obligation to manage and
administer the common areas and to enforce this Declaration. Such authority shall include all
authority provided for in the Association's Articles, Bylaws, rules and regulations and this
Declaation. The Association shall also have the authority and obligation to manage and
administer the activities of the ACC in its responsibilities as described in this Declaration.
Section Four: Delegation of Authority. The Board of Directors or Declarant may delegate any of
its managerial duties, powers, or functions to any person, firm, or corporation. The Board or the
Declarant shall not be liable for any breach of duty, negligence, omission, intentional act or
improper exercise by a person who is delegated any duty, power or function by the Board of
Directors or the Declarant
Section Five: Termination of Development. Upon termination of the Development Period, the
Declarant, in accordance with the Bylaws, shall conduct an election of a board of directors who
shall then act in accordance with the terms and provisions of the Articles of Incorporation,
Bylaws and this Declaration. However, in the alternative, not Tess than ten (10), nor more than
thirty (30), clays prior to the termination of the development period, the Declarant who then
constitutes the board, may give written notice of termination of the development period to the
owner of each Lot. Said notice shall specify the date when the development period will terminate
and that at such time, a meeting of the Members shall be called in accordance with the Bylaws.
Members shall then elect directors in accordance with the terms and provisions of the Articles of
Incorporation, Bylaws and this Declaration.
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V. VIENVIl3ERSHIP
Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by
acceptance of a deed for such Lot. Membership may not be separated from ownership of any Lot.
All Members shall have rights and duties as specified in this Declaration, and in the Articles and
Bylaws of the Association.
VI. VOTING RIGHTS
Members shall be entitled to one vote for each lot owned. No more than one vote shall be cast
with respect to any Lot. The voting rights of any Member may be suspended as provided in the
Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and
tabulated by mail, facsimile or electronic transmission.
Policy on Electronic Notice and Voting.
(a) Definitions: In addition to their natural, commonly accepted definitions,
and to supplement definitions and usage as they may appear throughout this Declaration,
the Articles of Incorporation and the bylaws, the Association adopts the following
definitions:
(i) -"Deliver" includes electronic transmission, in accordance with the
Owner's consent for purposes of delivering a demand, consent, vote, notice, or
waiver to the Association or one of its Officers, Directors, or Owners.
(ii) "Electronic transmission" means an electronic communication (a)
not directly involving the physical transfer of a record in a tangible medium and
(b) that may be retained, retrieved, and reviewed by the sender and the recipient
thereof, and that may be directly reproduced in a tangible medium by a sender
and recipient.
(iii) "Electronically transmitted" means the initiation of an electronic
transmission.
(iv) "Execute", "executes", or "executed" includes, with respect to an
electronic transmission, electronically transmitted along with sufficient
information to determine the sender's identity.
(v) "Record" means information inscribed on a tangible medium or
contained in an electronic transmission.
(vi) "Tangible medium" means a writing, copy of a writing, facsimile, or
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a physical reproduction, on paper or on other tangible material.
(b) Notice; Owner Consent.
(i) Notice to Owners in an electronic transmission that otherwise
complies with the requirements of this Policy is effective only with respect to
Owners who have consented either in writing or by electronic transmission to
receive electronically transmitted notices.
A. An Owner who provides consent, in the form of a
record, to receipt of electronically transmitted notices shall designate in
the consent the message format accessible to the recipient, and the
address, location, or system to which these notices may be electronically
transmitted.
B. An Owner who has consented to receipt of
electronically transmitted notices may revoke the consent by delivering a
revocation to the Association in the form of a record.
C. The consent of any Owner is revoked if the
Association is unable to electronically transmit two consecutive notices
given by the Association in accordance with the consent, and this inability
becomes known to the secretary of the Association or other person
responsible for giving the notice. The inadvertent failure by the
Association to treat this inability as a revocation does not invalidate any
meeting or other action.
(ii) Notice to Owners who have consented to receipt of electronically
transmitted notices may be provided by posting the notice on an electronic
network and delivering to the Owner a separate record of the posting, together
with comprehensible instructions regarding how to obtain access to this posting
on the electronic network.
(iii) Notice provided in an electronic transmission is effective when it:
(a) is electronically transmitted to an address, location, or system designated by
the recipient for that purpose, and is made pursuant to the consent provided by the
recipient: or (b) has been posted on an electronic network and a separate record of
the posting has been delivered to the recipient together with comprehensible
instructions regarcling how to obtain access to the posting on the electronic
network.
(c) Notice of Owners' Meetings. Notice in an electronic transmission, stating
the place, day, and hour of the annual meeting and, in case of a special meeting, the
purpose or purposes for which the meeting is called, shall be delivered not less than
fourteen (14) nor more than sixty days (60) before the date of the meeting, by or at the
direction of the President, or the Secretary, or the Officers or persons calling the meeting,
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to each Owner entitled to vote at such meeting.
(d) Owner Voting.
(1) An Owner may vote by electronic transmission.
(ii) The Association may conduct an election by electronic
transmission if the Association has designated an address, location, or system to
which the ballot may be electronically transmitted and the ballot is electronically
transmitted to the designated address, location, or system, in an executed
electronically transmitted record.
(iii) Owners voting by electronic transmission are present for all
purposes of quorum, count of votes, and percentages of total voting power
present.
(iv) Whenever Directors or proposals are to be elected by Owners, the
vote may be taken by electronic transmission if the name of each candidate and
the text of each proposal to be voted upon are set forth in a record accompanying
or contained in the notice of meeting. The electronically transmitted solicitation
for votes shall indicate the number of responses needed to meet the quorum
requirements, state the percentage of affirmative votes required to approve each
matter, and, specify the date and time by which vote must be received by the
Association to be counted. An electronically transmitted vote may be revoked by
an Owner at any time before the response deadline.
(e) Owner Proxies.
(i)
A Owner may appoint a proxy by electronic transmission.
(ii) An 'appointment of a proxy by electronic transmission is effective
when it is received by the Officer or Agent of the Association authorized to
tabulate votes.
(iii) Acceptable forms of transmission of an authorization to act for the
Owner as proxy include:
A. Recorded telephone calls;
B. Voice mail;
C. Other electronic transmissions.
• (iv) An Officer or Agent of the Association or a person acting in the
capacity of an inspector of election ("Inspector") must verify that the Owner
authorized the transmission. To verify Owner authorization:
A. the transmission must contain or be accompanied by
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information, including any security or validation controls, from which it
can be reasonably determined by the Inspector that the transmission is
authorized by the Owner;
B. the Inspector shall specify the information the Inspector
relied on in determining that a transmission was valid; and
C. The holder of a proxy received by transmission shall
provide the Association a copy of the transmission.
(v) The Association shall retain a copy of the transmission for sixty
(60) days following the announcement of a vote.
VII. COMMON AREAS
The following described tracts and easements are herein defined as common areas and are further
described on the final site plan as approved by the City of Yakima:
Entrance, monument and gates
Washington lighting and landscaping
7?°`I Avenue landscaping
Clubhouse and recreation area
Streets and walkways
Street and walkway maintenance
Irrigation system
Utilities in common areas (storm drainage)
Community mailboxes
Community Park around Clubhouse
Security gates
Canal, stream, lakes, bridges
All perimeter fencing
The Declarant will supply separate rules for Clubhouse and park areas
13. Entrance, Monument and Gates. In the event the same have been constructed by the
Declarant, any entrance/monument areas/ gates shall be maintained for the benefit of all lot
owners by the Association.
14. Easement. On each lot an easement is reserved over and upon a ten foot strip of land for
purposes of utility installation and maintenance including but not limited to power, telephone,
water, sewer, storm drainage, gas, cable television, together with the right for the Association or
any utility entity to enter upon the lot at all times for such purposes. The easement on the strips
of land on the side boundary and back boundary of Tots shall be limited to drainage and access
and to utilities that benefit only the lots within the plat and that no utility lines may be put in
those strips of land on the side and back of lots which benefit property other than Tots within the
plat. In addition there shall be other utility easements as shown on the Plat as well as any other
recorded utility easements for the benefit of any governmental agencies or utility entities. Within
such strips as identified above, no structure, planting, or other materials shall be placed or
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permitted to remain which may damage or interfere with the installation and maintenance of said
utilities which may change, obstruct, or retard the flow of water through any drainage channels.
Such easement areas and all improvements thereon shall be maintained by the owner of the lots
except as to utility improvements located therein which are the responsibility of the utility entity
owning, installing, or being responsible for such improvements.
15. Owner's Easements of Enjoyment. Each Owner shall have the benefit of the "Common
Areas" which shall be appurtenant to and shall pass with the title to every lot subject to the
following provisions:
(a) The right of the Association to adopt reasonable rules governing the use of the
Common Areas and the personal conduct of persons authorized to use said areas, and
to establish appropriate penalties for the violation of those rules.
(b) The right of the Association to dedicate or transfer all or any part of the common
areas to any public agency, authority or utility for the purpose for which said
Common Areas were constructed and reserved. No such dedication or transfer shall
be effective unless an instrument agreeing to such dedication or transfer approved by
two-thirds (2/3) of the members has been recorded. However, the board shall have the
authority to grant easement rights to municipal corporations or utility companies
across common areas or portions thereof without first requiring approval or
agreement of the Members of the Association as set forth herein.
(c) The right of the Association to charge reasonable fees for the improvement, repair, or
maintenance of improvements situated upon the common areas.
(d) The right of the Association to suspend voting rights and the right to the use of
Common Areas by any owner for any period during which an assessment against this
lot remains unpaid or for a period during which an infraction of published rules and
regulations against this lot remains non-compliant and not to exceed sixty (60) days
after an infraction is brought into compliance.
16. Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Areas
and facilities to the members of his family, his tenants, or his guest, subject to the limitations set
forth above and in the Bylaws and House Rules.
17. Association to Maintain. The Association shall maintain and pay the actual cost of
maintenance from assessments as provided for herein, the following:
A. The private roads and walkways for purposes of ingress, egress and utilities described
as storm water management system of the property.
B. Landscaping to include Washington, 72'd Avenue, community park areas,
C. The storm water drainage facilities and system
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D. Landscaping and any improvements situated thereon, on the Common Areas or on
easements for the benefit of all lot owners such as the monument/entrance area, the
irrigation or sprinkling systems serving the common areas as constructed by the
Declarant, the mailbox designated area, the entrance monument, and gates, and any
street lighting, sidewalks, curbs, park amenities, mailboxes, parking areas and gutters
or similar facilities constructed by the Declarant.
E. All perimeter fencing constructed by the Declarant as well as any fencing constructed
by the Declarant around wetland buffer tracts as required by governmental
regulations.
F. The front, side and back yards of each lot after a residence have been constructed
thereon.
G. The cost of the maintenance of the storm water facilities and implementation of a
pollution source control plan, if adopted, together with compliance of any storm water
prevention management practices, which agreement and plan may be entered into
between the Declarant and any appropriate regulatory agency having jurisdiction.
H. Any other expense which shall be designated as a common expense in the Declaration
or which shall be designated as a homeowners expense as a requirement for plat
approval or may be designated as a common expense from time to time by the
Association.
The Association shall maintain and pay the actual costs of maintenance from assessments as
provided for herein including the cost of all utilities, including electrical and water which are
serving and maintaining the Common Areas. The Association shall also maintain liability and
casualty insurance in such amounts as may be determined by the Homeowners Association and
the cost of said insurance shall he paid from the assessments as provided for herein. The
Association shall repair any damage to the individual lots resulting from defects in the Common
Areas. The Association shall also have the right to employ such managers or management
companies as is necessary in order to assist the Association and the discharge of its duties and
responsibilities under this Declaration and administering the affairs of the Association.
Common expenses are those expenses which shall be considered expenses which are incurred on
behalf of or for the benefit of lot owners, including but not limited to those specifically described
as set forth in this Declaration and all expenses in connection with the administration of the
Association and enforcement of the terms and provisions of this Declaration. Common expenses
shall also include the cost of liability and casualty insurance in whatever amount is reasonable
and appropriate as determined by the board. Common expenses shall also include all the costs
associated with the obligations of the Association as set forth in this Declaration and the
responsibility of the collection and payment of the common expenses shall be determined,
administered, and adjusted by the Association Board of Directors.
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18. Delegation to Manager. The Board of Directors may delegate any of its managerial duties,
powers or functions to any person, firm or corporation, provided that any management
agreement for the project shall be terminable by the Association for a cause upon 30 days written
notice, and the term of any such agreement may not exceed one year renewable except after
Board review and by agreement of the parties for successive one year periods. The members of
the Board of Directors shall not be liable for any omission or improper exercise by the manager
of any duty, power or function so delegated by written instrument executed by a majority of the
Board of Directors.
19. Extraordinary Use Expenses. In the event that one or more lot owners should by their use of
the common areas cause it to be subjected to other than reasonable wearand tear or by their
actions damage those common areas or any improvements located thereon or therein, the
individual subjecting the common area to such use shall have the obligation to repair such
damage upon demand by the Association and to restore such common area to the condition that
existed prior to such use or action and all expenses therefore shall be paid by such individual. .
20. Street Repair, Maintenance and Cleaning. All Builders or Owners shall use due diligence to
avoid placing unnecessary dirt, debris, and any other material washing onto or depositing on the
streets as a result of any construction activities and each Builder or Owner shall at all times
remain responsible for keeping the streets clean of any such debris, dirt and material. In addition,
all Builders or Owners shall use due diligence to avoid causing any damage to the street or
sidewalks. All streets and sidewalks and other improvements constructed by the Declarant as a
condition for obtaining plat approval shall remain in the same condition as they were as of the
date of final plat approval. Any Builder or Owner who violates the provisions of this paragraph
shall reimburse the Declarant upon request for any expenses incurred by Declarant because of
the failure of the Builder or Owner to abide by the terms and provisions_of this Declaration. In
the event any Builder or Owner does not pay the same upon request, then the Declarant shall
have a lien against the property of said Builder or Owner to secure payment of said
reimbursement. In the event it cannot be determined which Builder or Owner was responsible for
the violation of the above referenced provisions, the Homeowners Association shall reimburse
the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in
this Declaration, this paragraph can only be amended by Declarant during the Development
Period.
21. Maintenance of Storm Drain System. All Builders or Owners shall use due diligence to avoid
materials from washing into or being put into the storm water drain system as a result of
construction activities conducted by the Builder or Owner which would include any sediment,
cement slurry, or any other material washing off of or coming off of any lot upon which a
Builder or Owner is constructing a residence or engaging in other construction activities. In the
event any Builder or Owner is in violation of the terms and provisions of this paragraph, this
Builder or Owner shall agree to pay a maintenance charge to the Declarant in an amount to be
determined by the Declarant but not to exceed $500.00 for each such violation. by a Builder or
Owner. In addition, each. Builder or Owner agrees to indemnify the Declarant from any costs or
charges which the Declarant may incur in connection with the cleaning and maintenance of the
storm water system as a result of any violation of this paragraph by such Builder or Owner and
that this liability on the part of the Builder or Owner shall be joint and several. Any Builder or
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Owner who violates the provisions of this paragraph shall reimburse the Declarant upon request
for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide
by the terms and provisions of this Declaation. In the event any Builder or Owner does not pay
the same upon request, then the Declarant shall have a lien against the property of said Builder or
Owner to secure payment of said reimbursement. in the event it cannot be determined which
Builder or Owner was responsible for the violation of the above referenced provisions, the
Association shall reimburse the Declarant for any expenses incurred by the Declarant.
Regardless of any other provision in this Declaration, this paragraph can only be amended by the
Declarant during the Development Period.
22. Street Trees. As a condition of plat approval, the Declarant may have had to install certain
trees either within the street right-of-way or on lots as a condition for obtaining final plat
approval. The Homeowners Association is responsible to maintain said trees and in the event any
tree is removed for any reason, the Homeowners Association shall immediately replace the tree
and if necessary shall reimburse the Declarant for the cost of replacing said tree. Regardless of
any other provision in this Declaration, this paragraph can only be amended by Declarant during
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23. Insurance. Nothing shall be done or kept in any common areas which will increase the rate of
insurance on the common areas or other Lots or improvements without the prior written consent
of the hoard. Nothing shall be kept in any common area which will result in cancellation of
insurance on any part of the common areas or which would be in violation of any laws or
ordinances.
24. Alteration of Common Areas. Nothing shall be altered or constructed in, or removed from
any common areas except upon prior written consent of the Board. There shall be no
construction of any kind within the common area's except that community improvements may be
constructed if two-thirds of the'Members of the Association authorize (1) the construction of
such improvements, and (2) assessment for such improvements. Also, any such improvements
are 'subject to the acquisition of all required permits from governmental agencies. This Section
shall not limit or prohibit Declarant (no Member's consent shall be necessary), during the
Development Period, from constructing or altering any such improvements to any common area .
or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the
benefit and enhancement of the Common Areas.
25. Dumping in Common Areas or Easements. No trash, construction debris, or waste, plant or
grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state
or local law regulation) shall be dumped, deposited or placed on any common areas or
easements. The Declarant (during the Development Period) and the Board thereafter, shall retain
the rights for enforcement and initiation of penalties for violations of this policy.
26. Landscaping and Fencing. No permanent structures or landscaping of any kind, including
fences, walls or shrubs, may be built or placed within any right-of-way easements or other.
easements as delineated on the plat except as deemed appropriate by the Board. This prohibition
shall not apply to the landscaping and any improvements in the common areas installed by the
Declarant, during the Development Period, nor shall this Section prohibit the Association, after
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the Development Period, from installing additional improvements or landscaping within the
designated common areas, nor shall this section prohibit the installation of fences as may be
otherwise allowed in this Declaration, nor shall this section prohibit the installation of
landscaping on private lot areas encumbered by utility easements not otherwise restricted in this
Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of Lots
extending to the edge of the curb or sidewalk.
27. Management. Each owner expressly covenants that the Declarant, during the Development
Period, and the board thereafter, may delegate all or any portion of management authority to a
managing agent, manager or officer of the Association and may enter into such management
contracts or other service contracts to provide for the maintenance of the common areas and any
portion thereof. Any management agreement or employment agreement for maintenance or
management may be terminable by the Association without cause upon not more than ninety (90)
days written notice thereof. (However, this shall not be applicable if the agreement. provides for
any other specific termination.) The term of any such agreement shall not exceed one year, but
which shall be renewable annually by the Board in its sole discretion. Each owner is bound to
observe the terms and conditions of any management agreement or employment contract, all of
which shall be made available for inspection by any owner upon request. Any fees or salary
applicable to any such management employment or service agreement shall be assessed to each
owner, as part of the common expense.
28. Sanctions for Failure to Maintain. In the event that Teammates, LLC, Hidden Lakes Owners
Association (or successors thereof), in the judgment of Yakima County, fails to maintain
drainage facilities within the plat of Hidden Lakes, or if the Declarant or its successors willfully
or accidentally.reduce the capacity of the drainage system or render any part of the drainage
unusable, the Declarant or successors agree to the following remedy: After thirty days notice by
registered mail to the Declarant or successors, Yakima County.will assess financial sanctions
(reference the pertinent ordinance) and/or initiate enforcement proceedings. In the event the
County determines the lack of maintenance has resulted in the situation of imminent danger to
life, limb, or property, Yakima County will correct the problem as necessary to restore the full
design capacity of the drainage system. In this event, Yakima County will bill the Homeowners
Association and/or the.individual owners.of the Tots within the plat for all costs associated with
such work to include engineering, administration, legal fees, construction, equipment and
personnel. Costs or fees incurred by Yakima County, including attorney fees and expert's fees,
should legal action be required to collect such payments, shall be borne by the Declarant or
successors, including the Homeowners Association and/or the individual lot owners. The
Declarant shall not be liable under the terms of this section arising out of any enforcement
proceedings commenced subsequent to the date the Declarant has sold all lots within the plat.
30. Prohibited Activity Within Wetland and Wetland Buffer Areas. Activities within the wetland
and wetland buffer areas are regulated by Yakima County ordinance. Builders or Owners shall
not dump waste of any type or extend landscaping into adjacent wetland and buffer tracts. The
wetland and buffer are not to be used for disposal of any waste or included in the back yard
landscaping, projects unless approved by Yakima County as buffer enhancement.
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VIII. ASSESSMENTS
1. Covenants for Maintenance Assessments
I. Each owner of a lot by acceptance of a deed therefore, whether or not it shall be so
expressed in any deed or other conveyance, is deemed to pay to the Association
monthly or other regular assessments as set forth in this Declaration.
2. The monthly or other regular, special and specific assessments, together with interest,
costs and reasonable attorney's fees, shall be a charge and an automatic and
continuing lien upon the lot against which such assessment is made. Such lien may be
foreclosed by the Association in like manner as a Mortgage on real property.
3. Each assessment, together with interest, costs, and reasonable attorney's fees, shall be
the personal obligation of the person who is the Owner of the lot.
4. Unless otherwise provided for in this Declaration, no lot owned by a Builder shall be
subject to any monthly or other assessments.
2. Maintenance of Storm Water Facilities and Pollution Source Control Plan. The Declarant and
the City of Yakima may have entered into an agreement to maintain storm water facilities and to
implement a pollution source control plan. The Association shall be responsible to comply with
all the provisions of any such agreement and plan as if it was an original signator thereto. That
the Association shall have the obligation to perform all maintenance requirements under said
plan including, but not limited to, normal and periodic maintenance, monitoring, submitted •
reports to the City of Yakima as required by the plan: In the event the Association fails to
comply with the requirements of the agreement and plan as set forth above, then City of Yakima
will assess financial sanctions pursuant to and/or initiate enforcement
proceedings.
3. Purpose of Assessments. The assessments levied by the Association shall be used exclusively
for the purpose of the management, improvement, repair and maintenance of the common areas,
the services and facilities related to the use and enjoyment of said areas, for the payment of -
insurance premiums on the common areas, for the maintenance of other areas as provided for in
this Declaration and any other expense approved by the Association as a common area expense.
4. Working Capital Assessment. Each person purchasing a lot from the Declarant at the time of
closing in addition to paying a prorated share of any monthly assessment shall also pay a
working capital charge of $200.00 which shall be paid to the Association and be used for
Association purposes as set forth -in this Declaration.
5. Board to fix Monthly or Regular Assessment. The Board of Directors shall fix the regular or
monthly assessment at least thirty (30) days prior to the commencement of the monthly or
regular assessment period. Written notice of the monthly or regular assessment shall be sent to
every owner. In the event the Board fails to fix a monthly or regular assessment for any
assessment period, then the assessment established for the monthly or regular assessment for the
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prior year shall automatically be continued until such time as the Board acts. The monthly or
regular assessments shall be sufficient to meet the obligations imposed by the Declaration and
any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for
the maintenance, repair and replacement of common area facilities.
6. Special Assessments. In addition to the assessments authorized above, the Association by its
Board of Directors may levy, in any year, a special assessment application to pay for any
unexpected repair or replacement of common area. However, neither the Developer nor the
Declarant shall be obligated to pay any special assessments on its unimproved Lots. Assessments
shall be made based upon the estimated cost of such work, prior to the work's commencement,
provided such estimate has been provided by a licensed contractor retained by the Board for the
purpose of such estimate. All special assessments for construction of new facilities or acquisition
of new equipment, which is not for the repair or replacement of existing common area facilities,
shall require the approval of two-thirds (2/3) of the qualified votes of the Association.
7. Specific Assessments. The Board may levy Specific Assessments against particular Lots for
expenses incurred by the Association to provide special benefits or services (i) on request of
the Owner of a Lot; (ii) pursuant to the Association's maintenance obligations for specific
Lots; (iii) made necessary by the conduct of the Owner or its licensees, occupants, guests; or
(iv) necessary to bring the Lot into compliance with this Declaration, the Articles, the Bylaws
or Association Rules. Specific Assessments may be levied under (iii) and (iv) above only
after notice to the applicable Owners and an opportunity fora hearing.
8. Rate of Assessment. Both monthly or regular and special assessments shall be fixed at a
uniform rate for all Lots.
9. Monthly Assessment. During the Development Period, the Declarant, and the Association
after the Development Period, on or before the sale or conveyance of a lot, shall determine the
initial assessment and whether it shall be paid on a monthly or some other periodic basis and said
assessment shall be paid by the purchaser of each lot from the Declarant at the time of closing
and the amount of the initial assessment shall be prorated as of the date of closing. Said
assessment, if made on a monthly basis, shall be due on or before the 1't day of each month in
which the assessment is made. The above referenced monthly or periodic assessment and all
subsequent monthly or periodic assessments shall be paid to the Homeowners Association who
shall then pay for the expenses of the Association as required under the terms of this Declaration.
In the event the expenses of the Association are in excess of the assessments collected, then the
Declarant or the Developer may pay the difference to the Association. At such time as there have
been sufficient assessments collected by the Association, and then said Declarant or the
Developer shall be reimbursed by the Association.
The monthly assessment as set forth above may be increased during the Development Period to
reflect (f) maintenance costs: (2) repaid costs; or (3) plat management costs. All increases during
the Development Period must directly reflect increase in the above cited costs. During the
Development Period, the Declarant or the Developer shall also have the authority to reduce the
monthly assessments if economic data support such a reduction.
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10. Certificate of Payment. The Association shall, upon written demand, furnish a certificate in
writing setting forth whether or not the assessment on a specified lot has been paid. A reasonable
charge may be made for the issuance of the certificate. Such certificate shall be conclusive
evidence of payment of any assessment.
11. Fines Treated as Assessments. Any fines levied by the Association pursuant to RCW Chapter
64.38 (or successor statute authorizing the imposition of fines) shall be treated as an assessment
of the owner fined, and may be collected by the Association in the manner described in this
Declaration.
IX. COLLECTION OF ASSESSMENT
1. Lien — Personal Obligation. All assessments, together with interest and the cost of collection
shall be an automatic and continuing lien upon the lot against which each such assessment is
made. The lien shall have all the incidents of a mortgage on real property. Each such assessment,
together with interest, costs and reasonable attorney's fees shall also be the personal obligation
of the person who is the owner of the lot. No owner may waive or otherwise avoid liability for
assessments by non-use of the common areas or abandonment of the Lot.
2. Delinquencv. The Board shall establish and publish the terms and conditions of a collections
policy in compliance with Fair Credit Regulations. If any assessment is not paid within ten (10)
clays after its due date, the assessment shall bear interest from said date at twelve percent (12%)
or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be
charged by law, then the highest permissible rate as provided for by law. A late charge
established by the Board shall be charged for any unpaid assessment more than ten (10) days past
due. Each Member hereby expressly grants to the Association, or its agents, the authority to
bring all actions against each Member personally for the collection of such assessments as a debt
and to enforce lien rights of the Association by all methods for the enforcement of such liens,
including foreclosure by an action brought in the name of the Association in a like manner as a
mortgage of real property, and such Member hereby expressly grants to .the Association the
-power of sale in connection with such liens. The liens provided for in this section shall be..in
favor of the Association, and shall be for the benefit of the Association. The Association shall
have the power to bid ata foreclosure sale and to acquire, hold, lease, mortgage and convey any
lot obtained by the Association.
3. Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of
the assessments clue or shall be in default of the performance of any of the terms of this
Declaration, the Articles, Bylaws, Rules or any other governing documents of the Association,
the Member's right to vote shall be suspended and shall remain suspended until all payments are
brought current and all defaults remedied. In addition, the Association shall have such other
remedies against such delinquent Members as may be provided in the Articles, Bylaws,
Declaration, or Rules
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4. Enforcement of Assessments. The Board may take such action as is necessary, including the
institution of legal proceedings, to enforce the provisions of this Article Nine. In the event the
Board begins an action to enforce any such rights, the prevailing party shall be entitled to its
attorney's fees, costs and expenses incurred in the course of such enforcement action as provided
in this Declaration.
X. HOMEOWNERS ASSOCIATION
I. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any Lot. When more than one
person holds an interest in any Lot, all such persons shall be Members. Ownership of a Lot shall
be the sole qualification for membership.
2. Voting. Each lot shall vest in its owners with one vote per lot on all matters. No lot shall be
entitled to more than one vote. A lot owned by a husband and wife, or jointly by more than one
individual or entity, shall be entitled to only one vote per lot by the lot owners cumulatively and
not individually. Matters involving the capital improvements of the common areas shall require
an affirmative vote of 2/3 of the Members eligible to vote. All other matters shall require an
affirmative vote of a majority of the members eligible to vote unless otherwise stated elsewhere
in this Declaration or amendments thereto.
3. Meetings. Subsequent to such time as the Declarant shall no longer have the right to appoint
directors under this Declaration, the Association shall schedule regular meetings at least once a
year. Other special meetings may be called in accordance with the terms and provisions of the
Bylaws of the Association. Minutes shall be kept at all meetings and shall include a record of all
votes taken.
4. Liability Insurance. The Association shall maintain liability and/or hazard insurance covering
the common areas and work performed by or on behalf of the Association.
5. Dues: Assessments. Assessments as provided for herein shall be paid on a regular or periodic
basis as determined by the board of directors of the Homeowners Association.
6. Common Expenses. The maintenance, repair and or replacement of private roads, sidewalks
and walkways, open space areas, common area landscaping and lighting., entry gates,
monuments, perimeter fencing, club house and recreation area; and all expenses in connection
with the administration of the Association and enforcement of the terms and provisions of this
Declaration. Common expenses shall be inclusive of cost of liability and casualty insurance in
whatever amount is reasonable and appropriate. Common expenses shall include all costs
associated with the obligations of the Association as set forth in this Declaration and provide for
reserves for capital replacement. All common expenses and payment thereof shall be the
responsibility of the Board of Directors. (Let's combine this with the Section above)
7. Buda. eting For Reserves. The Board shall prepare and periodically review a reserve budget for
the Area of Common Responsibility of the Association. Budget shall include amounts, as
determined by the Board, to be collected for future periodic replacement of all Common Area
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Facilities. The Board shall deposit all amounts collected as reserves in separate bank accounts
(the "Reserve Accounts") to be held for the purposes for which they are collected and not
commingled with any other Association funds. Withdrawal of funds from any Association
Reserve Account shall require the signatures of two members of the board. The Board shall
obtain an initial reserve study and then provide updates at least once every five years or earlier as
determined by the Board. The reserve study shall include at minimum (a) identification of the
Common Area Facilities which the Association is obligated to replace and that have a remaining
useful life of less than 30 years (b) identification of probable remaining useful life of theses
Facilities as of the date of the study (c) an estimate of the cost of replacement. The Declarant
shall not be liable to the Association or any Member if the amount collected as reserves proves to
be inadequate to pay for all the costs of periodic replacement.
8. Lien for Failure to Pay. In the event any party fails to pay, within the terms of a collections
policy adopted by the Board, for their portion of the expense, then the Association may file a
lien, substantially in the form of a labor and material lien. The lien shall be a lien against the
property of the non-paying party and foreclosable in the same manner as a labor and materials
lien. The lien shall have perpetual existence until paid and released by a recorded lien release.
The unpaid balance shall bear interest at the highest legal rate until paid and the non-paying party
shall be liable for costs and attorneys fees expended in any collection action including but not
limited to the foreclosure ofthe lien. Sale or transfer of any lot shall not affect the assessments as
to payments thereof which became due prior to such sale or transfer whether a lien is filed prior
to the sale or not. No sale or t ansfer shall relieve such lot from liability for any assessment, dues
or other charges thereafter becoming due or from the lien thereof. The unpaid share of common
expenses or assessments shall be deemed to be a common expense collectible from all of the
owners, including such possessor; his successors, and assigns.
9. Subordination of Lien. Any lien allowed or provided by this declaration shall be considered
subordinate and inferior to any bona fide first mortgage or first position deed of trust (but not to a
real estate contract) where the lender under such first mortgage or deed of trust is a bank, savings
and loan,-F.H.A., V.A., orother institutional lender. If required by such institutional lender, the
holder of a lien provided for herein, whether the holder is the Declarant, the Association, a lot
owner, or otherwise, will execute a standard form subordination agreement to effect the purposes
of this provision. This provision shall also apply to refinancing of an existing first position
mortgage or deed of trust where the refinancing lender is an institutional lender as above
described. This provision shall not apply to any sale of any lot where the lot owner, subject to an
existing lien, carries the sale contract or deed of trust, or otherwise acts as lender to a purchase of
the liened lot. Except as provided above, no lien allowed or provided by this Declaration shall be
affected by a sale, transfer or refinance of the liened lot or lots.
10. Personal Liability. Each assessment, dues, or other charges, together with interest, costs, and
reasonable attorney•fees shall also be the personal obligation of the owner -of the lot. A new
owner shall be personally liable for assessments, dues or other charges which are due on the date
of sale or transfer. Nothing in this section shall relieve the lot from the liability for such dues,
assessments, or other charges, or any liens resulting from the non-payment of the same.
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1 1. Rate of Assessment. Except as provided for herein, monthly or regular and special
assessments shall be at a uniform rate for all Tots.
12. Directors. The Declarant shall act or appoint the board of directors until such time as 100c%o
of the Tots have constructed on them a residence and have been sold and conveyed to other than
builders. After 100% of the lots have had residences constructed on them and said lots have been
conveyed to other than builders, the Declarant in accordance with the by-laws shall conduct an
election of a board of directors and that shall then act in accordance with the terms and
provisions of the Articles of Incorporation, Bylaws, and this Declaration.
13. Association Oblieation. The Association shall be obligated to perform the maintenance and
repair as more specifically set forth in this Declaration, provided that if any work is required as a
result of any negligent or intentional act or admission of any owner, or the owner's agent, family
or tenants, then the cost of such work shall be paid for exclusively by such owner and shall
become a part of the assessment levied against such owner's lot or lots.
14. Maintenance Contract. The Association may enter into contracts for the maintenance and
repair of any area or facility required to be maintained or repaired by the Association. Such
contract shall be signed by the board of directors on behalf of the Association or by the Declarant
during the'Period of Developers' Control.
XI. OFFICERS
The Board of Directors shall appoint individuals to serve as President, Treasurer and Secretary.
The term of each officer shall be one year. Officers may be elected to consecutive terms.
XII. INCORPORATION
The Association shall be incorporated under the laws of the State of Washington and may apply
for tax. exempt status with the IRS. The Articles of Incorporation and Bylaws shall not be
contradictory to and shall supplement this Declaration.
XIII. ARCHITECTURAL CONTROL COMMITTEE
1. Appointment. The initial architectural control committee shall be appointed by the Declarant
and the initial Member of that committee shall be Pat Loomis. The Architectural Control
Committee shall not consist of more than three (3) persons. Each member shall hold office until
he or she resigns, is removed or until a successor has been qualified and appointed. Declarant
shall have the authority to remove and appoint the members of the ACC until there has been
constructed on all lots a residence and said residence has been sold and conveyed by either a
Builder or the Declarant. Thereafter, the members of the ACC shall be appointed by the Board of
Directors.
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2. Duties. The ACC shall have the authority to.review and act upon owners' proposals to alter or
modify any structure or landscaping on the Properties and to perform other duties as set forth in
this Declaration. The members of the ACC may delegate their duties to any one member subject
to approval of the Board.
3. Adoption of Guidelines. The ACC shall have the authority to adopt and amend written
guidelines to be applied in its review'of plans and specifications in order to further the intents
and purposes of this Declaration Lind any other covenants or restrictions covering the Properties.
If such guidelines are adopted, they shall be provided to all Members.
4. Meeting; Compensation. The ACC shall meet as necessary to property perform its duties, and
shall keep and maintain a record of all actions taken at the meetings or otherwise. Unless
authorized by the Board of Directors, the members of the ACC shall not receive any
compensation for their basic services. However, if time in excess of five (5) hours is required for
the review and approval of any proposal, the Owner submitting the proposal shall pay a fee for
the additional time based upon usual and customary architectural fees in the area, as established
by the Board. All members shall be entitled to reimbursement for reasonable expenses incurred
in connection with the performance of ACC duties.
5. Nonwaiver. Approval by the ACC of any plans, drawings or specifications shall not bea
waiver of the right to withhold approval of any similar plan, drawing, specification, or matter -
submitted for approval.
6. Liability. Neither the ACC nor any of its members shall be liable to the Association or to any
Owner for any damage, loss or prejudice resulting from any action taken in good faith on a
matter submitted to the ACC for the approval or for failure to approve any matter submitted to
the ACC. The ACC or its members may consult with the Association or any Owner with respect
to any plans, drawings, or specifications, or any other proposal. submitted to the ACC.
7. Plan Review Fees. The ACC may employ engineers, architects, and other professionals to_
review plans and take other actions as designated by the ACC and, therefore, the ACC may
charge a fee to review plans in an amount not to exceed the costs for each plan review.
8. Colors and Materials. In all cases, owners shall obtain approval from the ACC to change the
exterior colors or materials of any structure on the Properties.
9. Patio Construction Materials: A patio at side or rear of the home may be constructed of
concrete or wood, upon prior approval by the ACC.
XIV. ARCHITECTURAL ANI) LANDSCAPE CONTROL
1. Approval of Plans Required. None of the following -actions may be taken until plans and
specifications for the same have been approved in writing by the ACC.
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(a) The construction or erection of any building, fence, wall or other structure, including
the installation, erection, or construction of any solar collection device.
(c) The remodeling, repainting, reconstruction, or alteration of any road, driveway or
other structure.
(d) The landscaping plan for any lot.
Any such actions which have been approved shall only be taken in conformity with the plans and
specifications actually approved by the ACC, and no changes in or deviations from the approved
plans and specifications shall be made without the prior written approval of the ACC.
2. Approval Not Required. Notwithstanding any other provision of this Declaration, the approval
of the ACC shall not be required for action taken by Declarant to develop any of the lots or
common areas.
3. Procedure for Approval. Any person wishing to take any of the actions described above shall
submit to the ACC two sets of plans and specifications which meet the following requirements:
(a) Plans for the construction or modification of any building, fence, wall, or other
structure shall be building elevation plans with, in addition to s detailed site plan, the exterior'
color scheme, proposed outdoor lighting, proposed landscaping, and shall show and otherwise
identify any special needs or conditions which niay arise or result from the installation, erection,
or construction of any solar collection device. At the request of the ACC, the person submitting
such plans shall locate stakes on the Lot which indicate the corners of the proposed structure.
The plans for the first structure to be located on lots shall include a landscaping plan.
Approval of such plans and specifications shall be evidenced by written endorsement of the ACC
on such plans and specifications, one copy of which shall be delivered to the Owner of the Lot
upon which the proposed action is to be taken. The ACC shall not be responsible for any
structural defects in such plans or specifications or in any building or structure erected according
to such plans and specifications. The ACC shall approve, disapprove, or require further
information or changes within 30 business days from the date the completed plans and
specifications are submitted to the ACC.
4. Criteria for Approval. Approval of plans and specifications may be withheld or conditioned if
the proposed action is at variance with this Declaration, Articles of Incorporation, the Bylaws, or
House Rules, or design guidelines adopted by the ACC. Approval may also be withheld or•
conditioned if, in the opinion of the ACC, the proposed action will be detrimental to the
community or to any other Owner, because of the grading and drainage plan, location of the
improvement on the Lot, color scheme, finish, design, proportions, size of home, shape, height,
style, materials, outdoor lighting proposed, or landscaping plan, or impact on view rights or
pri vacy.
Uccl;uauon orCovenants. Conditions and Restrictions
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5. Conformity with Approved Plans. It shall be the responsibility of the ACC to determine that
actions have been completed in accordance with the plans as submitted and approved. Such
determination must be made within 60 days of the completion of the action. If the ACC shall
determine that the action does not comply with the plans and specifications as approved, it shall
notify the Owner within the 60 day period, and the Owner, within such time as the ACC shall
specify, but not less than 30 days, shall either remove or alter the improvement or take such other
steps as the ACC shall designate.
6. Exclusions. During the Development Period, the Declarant shall have the right to waive the
plans and specifications review for builders to whom the Declarant has sold a lot. In the
alternative, during the development period, the ACC may approve a master set of plans and
specifications submitted by a builder and that once approved; a residence and improvements can
be constructed pursuant to said master plan on any lot without the necessity of any further
approval by the ACC.
7. No View Restrictions. That there are no view restrictions with respect to any lot. A residence
or other improvements constructed on a lot may restrict the view with respect to any other lot
and neither the ACC, the Declarant, any builder or owner of any lot shall be liable or responsible
to any other lot owner in the event a residence or any other improvement is constructed on a lot
in conformity with the provisions of this Declaration or ACC Design Guidelines which may
restrict the view of another lot.
9. Work Hours. No work, including delivery of materials or equipment, which would cause noise
or other disturbance, may begin before 7:00 a.m. All work and material delivery must cease by .
6:00 p.m. This requirement applies to work performed Monday through Friday. No contractor
work may be performed on Saturday or Sunday without prior written approval from the ACC.
XV. EASEMENTS
1. Easements for Association. The Association and its agents shall have an easement for access
to each Lot and to the exterior of any building located thereon during reasonable hours as may be •
necessary for the following purposes:
(a) The maintenance of front, side, and back yards of lots as set forth in this Declaration
(b) The maintenance, repair, replacement, of any Association improvement in any
easement accessible from that Lot
(c) Emergency repairs necessary to prevent damage to the easement or to another Lot or
the improvements thereon
(d) Cleaning, maintenance, repair, or restoration work which the Owner is required to do
but has failed or refused to do
Except in an emergency where advance notice is not possible, the easement shall be exercised
only after reasonable notice to the Lot Owner.
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2. Easement for Government Personnel. An easement for access by police, fire, rescue and other
government personnel is reserved across all Common Areas as necessary or appropriate for the
performance of their public duties.
XVI RECREATION FACILITIES
1. Clubhouse. A clubhouse, facility is provided for the owners use and enjoyment subject to
House Rules as determined by the Board. Declarant will lease the clubhouse to the Homeowners
Association until such time as Phase 11 is completed. Upon completion of Phase II the clubhouse
facility will be owned by the Association and be a part of the Area of Common Responsibility..
The Board may appoint a manager who will keep a schedule of all events requiring the use of the
clubhouse.
2. Clubhouse Private Function Signup. Any resident desirous of using the clubhouse for a private
activity must contact the manager and complete a "Social Use of Park Facilities Agreement."
The resident sponsor is responsible for cleaning the clubhouse at the conclusion of the function.
The Board may require a reasonable deposit to ensure that satisfactory cleanup is completed.
3. Clubhouse or Park Closures. The community recreational facilities may be closed from time -
to -time for maintenance, or a scheduled private activity.
4. Clubhouse Heating/Cooling..Air conditioning and/or heating of the clubhouse may not be
operated on a constant basis, consistent with energy conservation requirements.
5. Responsibility for Alcohol Usage. All residents are responsible for their behavior and that of
their guests, whether participating in a community or private function.
XVII. PERMITTED AND PROHIBITED USES
I. Residency Restricted to Persons Aged 55 Years or Olcler. At least 80% of the dwelling units
constructed on the lots must be occupied by at least one person who is 55 years of age or older
(older resident). In the event a dwelling unit which was formerly occupied by more than one
resident where one of the residents was of the age of 55 years or older (older resident), and the
other resident or residents were under the age of 55 years (younger resident) and the older
resident for whatever reason no longer occupies or resides in the unit, the younger resident(s)
may only continue to reside in that unit provided that at that time at least 80% of the occupied
units (including the unit occupied by the younger resident(s)) is occupied by at least one person
who is 55 years or older (older resident) and if that percentage requirement cannot be satisfied
then the younger resident(s) must vacate the unit or in the alternative obtain a permanent resident
who is 55 years of age or older so that the percentage requirement as set forth above is satisfied
and that this must be done within six months of date that the older resident releases or terminates
residency within that dwelling unit. With respect to leased dwelling units, all leases must be
written so that one tenant in each unit must be at least 55 years of age or older so as to satisfy the
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percentage of 55 years or older age residency requirement as set forth above. Residency or
occupancy as referred to above shall mean physical presence exceeding thirty days in any twelve
month period. The board of directors of the Association shall have sole authority to determine if
any fraud or misrepresentation has been made under the terms of this paragraph and to adopt
such rules and regulations as are necessary in order to implement and enforce the provisions of •
this paragraph. Any resident who violates the provisions of this paragraph shall have no more
than sixty days within which to vacate a dwelling unit and the Association shall have all legal
remedies available to it to enforce the provisions of this paragraph including but not limited to
injunctive relief. In the event it is necessary to institute suit or legal action to enforce the
provisions of this paragraph, the prevailing party shall be entitled to recover their reasonable
attorney's fees and costs of suit. It is the intention of the Declarant that these provisions and any
rules or regulations adopted pursuant hereto shall meet the requirements of the Federal Fair
Housing Act as it relates to housing for older persons and specifically the provisions of 42 USCS
3607 and all rules and regulations adopted by the Secretary of Housing and Urban
Development pursuant to the provisions of said Act and in the event any provisions or rules or
regulations adopted here are in violation of any of the terms and requirements of said Act, then
such terms and provisions are hereby amended to comply with requirements of said Act.
2. Guests Under 18. An adult resident must accompany guests under the age of eighteen (18)
when outside the resident's home. This is an adult community and it is the duty and
responsibility of all residents to acquaint their guests with the community guidelines, and to
properly supervise their guests and children so they do not unreasonably disturb others.
3. All Guests. Any guest staying longer than 15 days in any 60 day period must registerwith the
management. Visits cannot exceed 60 days per year.
4. Live -In Care Provider. Exceptions to the above will be made forlive-in care providers. Prior
to allowing a live-in care provider to move into a resident's home, resident must provide the
Homeowners Association with the following:
Written proof that the care provider is over (18) eighteen years of age;
A copy of the resident's approved plan of treatment; . .
A copy of resident's physician's written order for the plan of treatment
The live-in care provider must execute a live-in Care Provider Agreement and must comply with
all rules and regulations of Hidden Lakes Homeowners Association. The live-in care provider is
not a tenant of the Association and has no rights to tenancy.
5. Use of Clubhouse by Guests. The Board reserves the right to determine whether clubhouse or
other community facilities can accommodate residents and guests. The Association may refuse
any guest access to a facility if the guest's presence would detract from the use and enjoyment of
the facilities by the owners.
6. Overnight Guests During Owner Absence. If the owner is absent, no guest may stay overnight
in a resident's home without notifying the Homeowners Association by registering in advance
with Management.
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7. Land Use and Building Type. All lots subject to these protective covenants shall be used only
for residential purposes. No structures of any kind shall be erected or permitted to remain on any
lot other than single family residences, garages, work shops, and structures normally appurtanant
to such residences. No carports will be allowed and all garages must have doors. All dwellings
shall comply with Yakima County Zoning Requirements. Two -car or three car garages are
permitted and they shall be incorporated in or made a part of the dwelling house and no detached
garages shall be permitted except with express approval by the Architectural Control Committee.
8. Swimming Pools. No swimming pool or hot tub may be installed unless the same has been
approved by the Architectural Control Committee which shall not only approve the design, but
also the location of said swimming pool and hot tub on the property.
9. Completion of Construction. The construction of any building on any lot, including painting
and all exterior finish, shall be completed within six months of purchase of the lot. The building
area shall be kept in a reasonably clean and workman -like manner during construction. All lots
shall be kept in a neat and orderly condition, free of brush, vines, weeds and debris. The grass
thereon shall be cut and mowed at sufficient intervals to prevent creation of a nuisance or fire
hazard.
10. Landscape Completion and Standards. The front yard, up to the edge of the street fronting
any lot shall be landscaped in accordance with the provisions of this section. The landscaping
shall be installed prior to occupancy, or within 30 days after substantial completion of the
residence on any lot, whichever shall occur first. If inclement weather conditions prevent the
timely installation of said landscaping improvements, the lot owner must make application to the
ACC for an extension of time until weather conditions sufficiently improve.
"Front yard" shall be defined as the lot area extending from the front property line back to a line
measured parallel with the front property line which would coincide with the front wall of the
main dwelling on the lot, exclusive of any garage projections but inclusive of any garage
recessions.
At least 503 of the minimum "front yard" landscape area on each lot shall be maintained as
lawn area unless otherwise approved by the ACC.
Within 60 days after occupancy, all lots with visible backyard area from adjacent street rights-of-
way shall have the landscaping completed on the entire lot area unless otherwise approved by the
ACC.
11. Driveways and Parking Areas. All driveways and any parking areas on any lot shall be of
aggregate concrete material or such other hard surface material as shall be approved by the ACC
and this shall be completed prior to occupancy.
Unless fully enclosed within an approved structure upon a lot, no recreational vehicle,
commercial vehicle, construction or like equipment, trailers (utility, boat, camping, horse or
otherwise), boats, or disabled vehicles shall be allowed to be parked or stored on any lot.
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Recreational vehicles, boats, and trailers (if such vehicles are otherwise permitted) may only be
parked on driveways for a period not to exceed 24 hours and subject to such other rules and
regulations as may be adopted by the Association.
12. Nuisances. No noxious or undesirable thing or noxious or undesirable use shall be permitted
or maintained upon any Lot or upon any other portion of the Property. If the Board determines
that a thing or use is undesirable or noxious, that determination shall be conclusive.
13. Excavation and Fill. Except with the permission of the ACC, or except as may be necessary
in connection with the construction of any ACC approved improvement, no excavation or fill.
shall be added nor shall any fill be removed from any Lot herein.
14. Drainage. The owner of any lot shall not take any action which would interfere with surface
water drainage across that lot either through natural drainage or by drainage easements. Any
change of drainage, either through natural drainage areas or through drainage easements must be
approved by the ACC All drainage improvements must be completed prior to occupancy in
accordance with the drainage plan submitted to the ACC.
1.5. Use During Construction. No persons shall reside upon the premises of any Lot until such
time as the improvements to be erected thereon in accordance with the plans and specifications
approved by the ACC have been completed.
16. Signs. No sign shall be erected or maintained on any lot except that not more than one "For
Sale" or "For Rent" sign may be placed by the owner or by a licensed real estate agent, not
exceeding 5 square feet. . Declarant shall also have the unrestricted right to place and maintain
such other advertising signs as may be required by Declarant to promote the sale of any lots by
Declarant, including but not limited to monument type signs at the entrance to the subdivision.
The signs for model homes constructed by builders shall be approved by the ACC.
Political campaign signs are allowed only upon a Lot owned by the Person posting them, and
with the following restrictions:
(a) Signs shall not exceed normal yard sign size (approximately 22 inches x
28 inches).
(b) Signs shall be free standing and not connected or attached to a fence,
building, or other structure.
(c) Signs shall not be lighted except as normal house or yard lighting may
incidentally illuminate them.
(d) Signs shall not obstruct driving line of sight or traffic signs or signals.
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(e) Signs shall not be displayed more than thirty (30) days before the election
involving the candidate, party or ballot measure they address.
(f) Signs shall be removed within three (3) days after the election involving
the candidate, party or ballot measure they address.
(g)
Signs shall not. be placed on common facilities or grounds.
17. Animals. No animals or reptiles of any kind shall be kept on any lot except that dogs, cats or
other household pets may be kept on a lot subject to the rules and regulations adopted by the
Association. All dogs must be kept on a hand held leash when outside and all other pets must be
kept in yards unless accompanied by a lot owner. The design and ,location of any kennel shall be
approved by the ACC. No animal may be kept, bred, or maintained for any commercial purpose.
Each lot owner shall be responsible for pick up and disposal of that pet owner's animal waste.
All dogs must be kept so as to minimize excessive noise from barking, which is otherwise to be
considered a nuisance. The Association,,by,appropriate rules and regulations shall determine the
number and kind of pets to be kept on any lot. Association may require a separate Pet
Agreement to be signed by lot owners.
18. Garbage and Refuse. No garbage,'refuse, rubbish,.cuttings or debris of any kind shall be
.deposited on or left upon any Lot unless placed in an attractive container suitably located and
screened from public view. All equipment for the storage or disposal of such materials shall be
kept in a clean and sanitary condition.
19. Temporary Structure. No structure of a temporary or removable character, including but not
limited to, a trailer, mobile home, basement, tent, shack, garage, barn or any other building shall
be kept or used on any Lot at any time as a residence. This provision. shall not be deemed to
prevent the use of a construction shack or trailer for purposes of storage or security at any time
during the Period of Developer's Control.
20. Utility Lines; Radio and Television Antennas. All electrical service, telephone lines and other
r
outdoor utility lines shall be placed underground. No exposed or exterior radio or television
transmission or receiving antennas shall be constructed, placed or maintained on any part of such
premises except as approved by the ACC prior to installation or construction. Any waiver of
these restrictions shall not constitute a waiver as to other Tots or lines or antennas.
Satellite Dishes, Antenna and Aerials. Up to two satellite dish antenna having a diameter of not
more than 40" installed in the side yard or backyard of any residence and integrated with the
structure and surrounding. landscape, shall be permitted upon a,Lot without any additional
approval. Any other dish location and screening shall be reasonably determined by the Board
so as not to impair reception and to ensure that the satellite dish is not visible, insofar as that is
reasonably possible, from the street.
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21. Tanks. Etc. Any tanks installed on a lot with a residence, including tanks for the storage of
fuels, must be buried or walled sufficiently to conceal them from the view from neighboring lots,
roads, or streets. All clothes lines, garbage cans, equipment, coolers, wood piles, or storage piles
shall be suitably screened to conceal them from the view of neighboring lots, common areas,
roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to
construction.
22. Auto Repair. No major auto repair shall be permitted except within enclosed garages which
are kept closed.
24. Roofs. Roofing materials shall be of a 50 year architectural laminate shingle in such color as
may be approved by the Architectural Control Committee in its discretion. In addition, any other
roofing material shall only be permitted by approval of the Architectural Control Committee.
25. Siding. The siding shall be of a Hardi lap siding or such other material as may be approved
by the ACC. "T-1 1 l" or the equivalent is specifically prohibited for the use on the front of any
home. Any other material shall be approved by the ACC.
26. Fences. Except for fences that have been constructed by the Declarant, no other fences are
permitted on the side and rear property lines up to within the greater of (i) 25 feet of the front
property line; or (ii) the distance between the front lotiine and the front wall (facade) of the
primary residence including the garage, subject to (i) the approval of the ACC. In no event shall
any fences be allowed between the front lot line and the front wall (facade) of the primary
residence, including the garage. Only the fencing selected in the Design Guidelines section
contained herein shall be installed on the Properties without approval by the ACC. For corner
lots or panhandle lots, fencing closer to the front property line than as otherwise allowed .in the
section may be approved upon review by the ACC.
27. Maintenance of structures and Grounds. Each owner shall maintain his lot and residence
thereon in a clean and attractive condition, in good repair and in such fashion as not to create a
fire hazard.
28. Firearms. The use of firearms is expressly prohibited. For purposes of this subsection the,
term firearm includes guns, pistols, handguns, rifles, automatic weapons and semi-automatic
weapons.
29. Dirt bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes,
motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or
ATV's b e permitted to operate on any owner's lot or on adjacent roads in an unsafe manner or
in such a way to create a hazard or nuisance.
30. Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent
to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damaged as a
result of dwelling construction activities, or other activities by owners, by persons acting for
owners, or by persons in or around the property at the request of or with the consent of the
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owners. Repairs not immediately made by lot owners after reasonable notice may be executed
by the Board at the owner's sole expense.
31. Building Materials. All homes constructed on each lot shall be built of new materials, with
the exception of "decor" items such as used brick, weathered planking, and similar items. The
ACC will determine if a used material is a "decor" item. In making this determination, the ACC
will consider whether the material harmonizes with the aesthetic character of the other residences
within the subdivision and whether the material would add to the attractive development of the
subdivision.
The exterior of all construction of any lot shall be designed, built, and maintained in such a
manner as to blend in with the natural surroundings and landscaping within the subdivision.
Exterior colors must be approved 'by the ACC. Exterior trim; fences, doors, railings, decks,
eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed,
built, and maintained to be compatible with the exterior of the structure they adjoin.
32. Mailboxes. That no lot owner may install a mailbox on a lot. The Declarant has established a
mailbox area.
33. Square Footage; Dwelling Size. The main structure, exclusive of one story open porches and
garages, shall not be less than 1,300 square feet. No dwelling shall exceed one story in height
and garages shall not be constructed for more than three cars. No more than one residence shall
be constructed on any one lot.
34. Permits. No construction or exterior addition or change or alteration of any structure may be
started on any portion of the property without the owner first obtaining a building permit and
other necessary permits from the proper local governmental authority and written
acknowledgement of such permits from the ACC as well as a plan check approval as required by
this Declaration.
35. Codes. All construction shall conform to the requirements of the State of Washington's rules
and regulations for installing electric wires and equipment, and the uniform codes (building
mechanical, plumbing), in force at the commencement of the construction, including the latest
revisions thereof.
36. Entry for Inspection. Any agent, officer, or committee member, or Declarant, may at any
reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling,
enter and inspect the structure to determine if there has been compliance with the provisions of
this Declaration. The above recited individuals shall not be deemed guilty of trespass for such
entry or inspection. There is created an easement over, upon, and across residential lots for the
purpose of making and carrying out such inspections.
37. Sex Offenders: No registered sex offenders can reside within the development. The ACC
and/or the Homeowners Association have the right to have any such sex offenders removed by
injunctive relief.
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40. Authority to Adopt Additional Rules and Restrictions. The Association shall have the
authority to adopt additional written rules and restrictions governing the use of the Properties,
provided such rules and restrictions are consistent with the purposes of the Declaration, and to
establish penalties for violation of those rules and restrictions. If rules and restrictions are
adopted, they, along with the established penalties, shall be made available to all Members.
XVIII MAINTENANCE AND USE
1. Business and Commercial Use. Except model homes or ACC approved sales offices, no lot
shall be used for other than one detached single family dwelling with parking for not more than
three (3) cars, and no trade, craft, business, profession, commercial or manufacturing enterprise
or business or commercial activity of any kind shall be conducted or carried on upon any lot or
within any building located on any lot, except as expressly permitted below; nor shall any goods
used for private purposes or for trade or business be kept or stored outside any building on any
lot which is visible from the street or from any other lot. Provided the zoning code regulating the
Property allows the requested use, and subject to the approval of the board of directors, "in
home" business or enterprises may be conducted subject to such terms and conditions as may be
required by the board of directors; and, provided further such business does not require personal
contact with the public or create commercial traffic on or within the Property. That the grant of
approval to carry on an "in home business" shall be limited solely to the owner requesting and
being `ranted such permission, and in the event of a sale of any such lot upon which permission
has been previously.granted, the subsequent owner must receive permission and consent to carry
on such "in home business" and the initial permission granted herein shall be revoked.
2. Maintenance of Structures and Landscaping. Owners are responsible for the maintenance of
the home and home site to include: structures, utility lines, landscaping, and other items attached
to or placed on the home or home site (referred to as "improvements"), including driveways,
walkways, and patios. All must be kept in good condition and repair, be neat, clean, aesthetically
pleasing, and well kept. Owners are responsible for the maintenance, repair and replacement of
all improvements including but not limited to driveways, walkways, and patios. Owners are
responsible for any damage or injury caused by resident's failure to maintain an improvement. If
owners are absent, it is still their responsibility to have someone maintain the home and home
site. If owners do not maintain their property, then the Association reserves the right to engage
the services of a contractor at owners' expense. There will be yard service available for a fee to
owners wishing to contract for maintenance and owners should contact the Homeowners
Association for detail.
3. Landscape Adjacent to Sidewalks. Each lot owner shall be responsible for the irrigation of
strip of grass between the sidewalk and street adjacent to the owner's lot.
XIX INSURANCE REQUIREMENTS
1. Insurance. The Board shall at all times purchase, maintain in force, and pay
the premiums for, if reasonably available, insurance on the Common Areas and other areas
of Board responsibility satisfying at least the following requirements:
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(a) Property insurance. Blanket property insurance using the standard
"Special" or "All -Risk" building form. Loss adjustment shall be based upon
replacement cost. For purposes of this subsection, the term "casualty insurance" shall
not mean or refer to "earthquake" or other special risks not included in a standard PUD,
Condominium, or Cooperative Housing property or casualty policy. The Board may add
additional coverage, as it deems necessary or proper.
(b) Public Liability Insurance. Public liability insurance with adequate limits
of liability for bodily injury and property damage, consistent with that of similarly
situated P.U.D.'s in Yakima County, Washington. If possible, the policy should
be written on the comprehensive form and shall include not -owned and hired
automobile liability protection.
(c) Director's and Officer's lnsurarice. Adequate directors and officer's
liability insurance, sometimes known as errors and omissions insurance.
(d) Fidelity Bond. A separate fidelity bond in a reasonable amount to be
determined by the Board to cover all non -compensated officers as well as all employees
for theft of Association funds.
(e) Agents. Furthermore, where the Board or the Association has
delegated some or all of the responsibility for the handling of funds to a
management agent, such bonds as are required for the management agent's officers,
employees and agents handling or responsible for funds of, or administered on behalf of;
the Board or the Association.
(f) Amount 'of Coverage. The total amount of fidelity bond coverage
required shall be based upon the Board's best business judgment, but shall not be less
than the estimated maximum amount of funds, including reserve funds, in the custody
of the Board, the Association, or the management agent, as the case may be, at any
given time during the term of each bond. Nevertheless, in no event may the amount
of such bonds be less than a sum equal to three (3) months aggregate Assessments
on all Lots, plus reserve funds.
(g) Quality of Coverage. The bonds required shall meet the following
additional requirements:
(i) They shall name the Board, the Owners Association, and the
Property Manager as obligee;
(ii) If the insurance contract or bond excludes coverage for
damages caused by persons serving without compensation, and may use that
exclusion as a defense or reason not to pay a claim, the insurance company
shall, if possible, be required to waive that exclusion or defense;
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(iii) The premiums on all bonds required herein for the Board and
the Association (except for premiums on fidelity bonds maintained by a
management agent for .its officers, employees and agents) shall be paid by the
Board or the Association as part of the Common Expenses; and
(iv) The bonds shall provide that they may not be canceled or
substantially modified, including cancellation for nonpayment of premium,
without at least ten (10) days' prior written notice to the Board and the
Association, to any Insurance Trustee, and to each service of loans on behalf of
any Mortgagee.
(h) Earthquake and/or Flood Insurance shall not he required unless
requested and approved by at least seventy five percent (75%) of the Members of the
Association.
(i) Master Property/Liability Insurance for Attached Homes. The Board
shall have the power to purchase a master property/general liability policy for the
attached homes if approved by at least 75% of the attached housing owners. The cost of
such a policy shall be assessed against all of the properties covered by such insurance.
(j) Miscellaneous Items. The following provisions shall apply to all
insurance coverag.e:
(i) Quality of Carrier. A "B" or better general policyholder's rating
or a "6" or better financial performance index rating in Best's Insurance
Reports, an "A" or better general policyholder's rating and a financial
size category of "VIII" or better in Best's Insurance Reports --
International Edition, an "A" or better rating in Demotech's Hazard
Insurance Financial Stability Ratings, a "BBB" qualified solvency ratio or
a "BBB" or better claims -paying ability rating in Standard and Poor's
Insurers Solvency Review, or a "BBB" or better claims -paying ability
rating in Standard and Poor's International Confidential Rating Service --
if the carrier is issuing. a master policy or an insurance policy for the
common elements in the Project.
(ii) The Insured. The name of the insured under each policy
required to be maintained hereby shall be set forth in the name of the
"Association for the use and benefit of the Owners."
(iii) Desig.nated Representative. The Association may
designate an authorized representative of the Association, including
any Insurance Trustee with whom the Association has entered into
an Insurance Trust Agreement or any successor to such Trustee,
for the use and benefit of the individual Owners.
(iv) Beneficiary. In any policy covering the entire Project, each
Owner and his Mortgagee, if any, shall be beneficiaries of the policy in an
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amount equal to the Owner's percentage of undivided ownership interest
in the Common Areas and Facilities.
(v) Certificate of Insurance. Evidence of insurance shall be issued to
each Owner and Mortgagee upon request.
(vi) Mortgage Provisions. Each policy shall contain a standard
mortgage clause or its equivalent and shall provide that the policy
may not be canceled or substantially modified without at least ten (10)
days prior written notice to the Association and to each Mortgagee.
(vii) Waiver of Subrogation. A waiver of the right of a subrogation
against Owners individually;
(viii) Individual Neglect. A provision that the insurance is not prejudiced
by any act or neglect of any individual Owner; and
(ix) Deductible. The deductible on a claim made against the
Association's Property Insurance Policy shall be paid for by the party
responsible for the loss.
(k) Individual Insurance. Each Owner and occupant shall purchase
and maintain adequate liability and property insurance on his Lot, personal property
and contents; provided, however, no Owner shall be entitled to exercise his right to
maintain insurance coverage in such a way as to decrease the amount which the
Association, on behalf of all the Owners and their mortgagees, may realize under
any insurance policy which the Association may have in force on the Property at any
particular time.
(1) Primary Coverage. The insurance coverage of an Owner shall, in
the event the Association also has insurance covering the loss, be primary and the
insurance of the Association shall be secondary.
(m) Prompt Repair. Each Owner further covenants and agrees that in
the event of any partial loss, damage or destruction of his Lot, the Owner shall
proceed promptly to repair or to reconstruct the damaged structure in a manner
consistent with the original construction.
(n) Disbursement of Proceeds. Proceeds of insurance policies shall be
disbursed to repair promptly and reasonably the damages. Any proceeds
remaining thereafter shall be placed in the Capital Improvement Reserve. Account and
retained by and for the benefit of the Association. This is a covenant for the benefit of
the Association and any Mortgagee of a Lot and may be enforced by them.
(o) Special Endorsements. Each policy shall also contain or provide
those endorsements commonly purchased by other Associations in similarly situated
PUDs in Yakima County, Washington, including but not limited to a guaranteed
replacement cost endorsement under which the insurer agrees to replace the
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insurable property regardless of the cost and, or a Replacement Cost Endorsement
finder which the insurer agrees to pay up to 100% of the property's insurable
replacement cost, but no more, and, if the policy includes a coinsurance clause, an
Agreed Amount Endorsement which waives the requirement for coinsurance; an
Inflation Guard Endorsement when it can be obtained, a Building, Ordinance or Law
Endorsement, if the enforcement of any building, zoning or land -use law will result
in loss or damage, increased cost of repairs or reconstruction, or additional demolition
and removal costs, and increased costs of reconstruction.
(p) Restrictions on Policies. No insurance policy shall be maintained where:
(i) Individual Assessments Prohibited. Under the term of the
carrier's charter, By -Laws, or policy, contributions may be required from, or
assessments may be made against, an Owner, Mortgagee, the Board, or the
Association.
(ii) Payments Contingent. By the terms of the Declaration,
Bylaws, or policy, payments are contingent upon action by the carriers Board,
policyholder, or member; or
(iii) Mortgagee Limitation Provisions. The policy includes any
limited clauses (other than insurance conditions), which could prevent the party
entitled (including, without limitation, the Board, Association, or Owner) from
collecting insurance proceeds.
?. Intent. -The foregoing provisions shall not. be construed to limit the power or
authority of the Association, Board or Owners to obtain and maintain insurance
coverage, in addition to any insurance coverage required hereunder, in such
amounts and in such forms as the Board or Association may deem appropriate
from time to time.
The Association shall maintain if required any insurance or fidelity bond requirements
established by the Federal National Mortgage Association, Federal Home Loan Mortgage
Corporation, Veterans Administration, and Government National Mortgage Association, except
to the extent such coverage is not available or has been waived in writing.
XX. DAMAGE OR DESTRUCTION
1. In the event of damage or destruction to all or part of the Common Area, the insurance
proceeds, if sufficient, shall be applied to repair, reconstruct or rebuild the Common Area in
accordance with the original plans. Such repair, reconstruction or rebuilding shall be arranged for
promptly by the Board of Directors.
2. If the insurance proceeds are insufficient to pay for the cost to repair the Common Areas, the
Board shall promptly, but in no event later than ninety (90) days after the date of damage or
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destruction, give notice to and conduct a special meeting of the owners to review the proposed
repairs, replacement and reconstruction, as well as the projected cost of such repairs, replacement
or reconstruction. The owners shall be deemed to have approved the proposed repairs,
replacement, and reconstruction as proposed by the Board at that meeting, unless the owners
'decide by an affirmative vote of fifty one percent (51%) of the total votes cast at such meeting
(provided a quorum exists), to repair, replace, or reconstruct the premises in accordance with the
original plan in a different manner than that proposed by the Board. In .any case, however, use of
hazard insurance proceeds for other than repair, replacement, or reconstruction of the Common
Area in accordance with the original plans shall not be permitted without the prior written
approval of at least sixty seven percent (67%) of the First Mortgagees (based on one vote for
each first mortgage owned) or owners (if there is not first mortgage on that lot) of the lots.
XXL CONDEMNATION
In the event of a partial condemnation of the Common Areas, the proceeds shall be used to
restore the remaining Common Area, and any balance remaining shall be distributed to the
Association. •
In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed
of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the
Association.
No proceeds received by the Association as the result of any condemnation shall be distributed to
a lot owner or to any other party in derogation of the nights of the First Mortgagee of any lot.
XXII. MORTGAGEES' PROTECTION
I. As used in this Declaration: (1) "mortgage" includes the beneficiary of a deed of trust, a
secured party, or other holder of a security interest; (2) "foreclosure" includes.a notice and sale
proceeding pursuant to a deed of trust or sale on default under a security agreement; and (3)
"institutional holder" means a mortgage which is a bank or savings and loan association or
established mortgage company, or other entity chartered under federal or state laws, any
corporation or insurance company, or any federal or state agency.
2. The prior written approval of at least 75% of the First Mortgagees (based on one vote for each
first mortgage owned) of the individual lots shall be required for any of the following:
(a) Any material amendment to this Declaration or to the Articles of Incorporation or
Bylaws of the Owners 'Association, including but not limited to, any amendment which would
change the pro rata interest or obligation of any individual owner for the purpose of levying
assessments or charges or for allocating distributions of hazard insurance proceeds or
condemnation awards.
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(b) The effectuation of any decision by the Owners Association to terminate professional
management and assume self-management (however, this shall not be deemed or construed to
require professional management).
(c) Partitioning or subdivicling a lot
(d) Any act or omission seeking to abandon, partition, subdivide, encumber, sell or
transfer the Common Areas; provided, however, that the granting of easements for public
utilities or other public purposes consistent with the intended use of the Common Areas shall not
be deemed a transfer within the meaning of this clause.
(e) Any act omission seeking to change, waive or abandon any scheme of regulations
or enforcement thereof, pertaining to the architectural design or the exterior appearance of
buildings and other improvements, the maintenance of common property walks or common
fences and driveways, or to the upkeep of lawns and plants in the properties.
(f) Any act or omission whereby the Association fails to maintain fire and extended
coverage on insurable properties common property on a current replacement cost basis in an
amount not less than 100% of the insurable value (based on current replacement costs).
(g) Use of hazard insurance proceeds for losses to any properties common property for
other than the repair, replacement or construction of such common property.
3. Each First Mortgagee (as well as each owner) shall be entitled to timely written notice of:
(a) Any significant damage or destruction to the Common Areas
(b) Any condemnation or eminent domain proceeding affecting the Common Areas
(c) Any default under this Declaration or the Article of Incorporation or Bylaws which
lives rise to a cause of action against the owner of a lot subject to the mortgage of such holder or
insurer, where the default has not been cured in thirty (30) days.
(d) Any material amendment of this Declaration or to the Articles of Incorporation or
Bylaws of the Association.
4. Each First Mortgagee shall be entitled, upon written request, to:
(a) Inspect the books and records of the Association during normal business hours.
(b) Receive a monthly audited financial statement of the Association for the immediately
preceding fiscal year, except that such statement need not be furnished earlier than one hundred
and twenty (120) days foflowing.the end of such fiscal year.
(c) Receive written notice of all meetings of the Owners Association and be permitted to
designate a representative to -attend all such meetings.
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5. First Mortgagees of any lots may, jointly or singly, pay taxes or other charges which are in
default and which may or have become a charge against the Common Areas, and may pay
overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the
lapse of policy, for such Common Areas, and the First Mortgagees making such payments shall
be owed immediate reimbursement therefore from the Association.
XXIII. GENERAL PROVISIONS
1. Binding Effect. All present and future owners or occupants of lots shall be subject to and shall
comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the
Association, as they may be amended from time to time. They are hereby accepted and ratified
by such Owner, and all such provisions shall be deemed and taken to be covenants running with
the land and shall bind any person having at the time any interest or estate in such lot, as though
such provisions were recited and stipulated at length in each and every deed and conveyance or
lease thereof.
2. Enforcement by Cort Action. The Association, the Declaration, the ACC, the Homeowners
Association, or any lot owner shall have the right to enforce, by any proceedings at law or in
equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration. Should the Association or any owner employ
counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all
costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the
prevailing party.
3. Enforcement by Self Help. The Declarant, the ACC, the Association, or the duly appointed
agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take
whatever steps are necessary to correct a violation of the provisions of this Declaration.
Provided, this provision shall not be construed as a permission to breach the peace.
4. Condition Precedent to Action. Prior to taking action either by court or by self help, written
notice shall be given to the offending lot owner. Such notice shall specify the nature of the
offense and shall also specify the action necessary to cure. Such action shall also provide a
reasonable opportunity to cure which, except in the case of an emergency, shall not be less than
10 days.
5. Expenses of Action. The expenses of any corrective action or enforcement of this declaration,
if not paid by the offending owner within thirty (30) days after written notice and billing, may be
filed as a lien upon such lot, enforceable as other liens herein.
6. Owner Objection. Should a lot owner object to the complaint of the Declarant, the Association
or ACC in writing within a period not to exceed fifteen (15) days after the complaint is made
and, further, should the parties not agree on property maintenance or other matters complained
of, the matter shall be submitted to mediation first. In the event mediation does not effect an
agreement, parties shall next submit the matter to arbitration. The arbitration shall be binding
upon the parties. If theparties cannot agree upon an arbitrator, each party shall choose one
arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance
Declaration of Covenants. Conditions and Restrictions
Hidden Lakes
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with the rules of arbitration under the laws of the State of Washington in existence at the time of
any such arbitration.
7. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to
recover actual costs and attorney fees. For the purposes of this declaration "legal action" shall
include arbitration, lawsuit, trial, appeals, and any action, negotiations, demands, counseling or
otherwise because of which the prevailing party has hired an attorney. It is the intent of this
provision to reimburse the prevailing party for all reasonable attorney fees and actual costs
incurred in defending or enforcing the provisions of this Declaration, or the owner's rights
hereunder.
8. Failure to Enforce. No delay or omission on the part of the Declarant or the owners of other
lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as
a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions
set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever
against the Declarant for or on account of its failure to bring any action for any breach of these
covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be
unenforceable. .
9. Severability. Invalidation of any one of these covenants or restrictions by judgment or court
order shall not affect any other provisions which shall remain in full force and effect.
10. Interpretation. In interpreting this Declaration, the term "person" may include natural
persons, partnerships, corporations, Associations, and personal representatives. The singular may
also include the plural and the masculine may include the feminine, or vice versa, where the
context so admits or requires. This Declaration shall be liberally construed in favor.of the -party
seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value,
marketability, and desirability of the properties by providing a common plan for the development
of Hidden Lakes.
11. Amendment by Court Action. The Homeowners Association and/or any lot owner shall have
the right to seek amendment by way of a civil suit wherein the basis for the amendment is either
(a) governmental requirements; or (b) manifest unfairness due to substantially changed
circumstances beyond the control of the lot owner seeking the amendment. In any such court
action the court may exercise its equitable powers to grant such relief as is deemed appropriate.
12. Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by
automatic extension for successive periods of 10 years each, unless terminated, at the expiration
of the initial term or any succeeding 10 year term by a termination agreement executed by the
then owners of not Tess than 75% of the Tots then subject to this Declaration. Any termination
agreement must be in writing, approved by qualified owners, and must be recorded with the
County Auditor.
13. Amendment by Lot Owners. After one hundred percent (100%) of the lots have been sold to
others than builders, this Declaration can be amended only by written consent of the owners of
Declaration of Covenants. Conditions and Restrictions
Hidden Lakes
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seventy-five percent (75%) of the lots. Any such amendment must be in writing, approved by
qualified lot owners and recorded with the Yakima County Auditor.
14. Amendment by Declarant. Notwithstanding any other provision of this Declaration, this
Declaration can be amended at any time by the Declarant prior to the time 100 percent (100%) of
the Tots have been sold to other than builders and that all lot owners agree to be bound by such
amendment or amendments. Thereafter, this Declaration can be amended only as provided for
herein.
15. Prior Approval by FHA/HUD. Regardless of whether or not one hundred percent (100%) of
the Tots have been sold to others than builders, in the event any loan with respect to any lot or
building constructed thereon is insured through either the Federal Housing Administration or the
Department of Veteran Affairs or any program sponsored by either such agency, then either the
FHA or HUD or whoever is the insuring agency must give written approval before any of the
following actions can be approved by either the Declarant or the lot owners:
A. Annexation of additional properties
B. Dedication of any properties
C. Amendment of this Declaration
16. Notice. Any notice required hereunder shall be deemed effective when personally delivered
or three days after mailing by certified and regular mail to the owner of public record at the time
of such mailing to such owner's most recent address as it appears on the books and records of the
Association. Notices to lenders shall be sent to the last address the lender has given to the
Association. The Association is not required to provide notice of any matter to any lender who
has not notified the Association in writing of such lender's desire to receive notice, and/or has
not given the Association written notice of the lender's address for receipt of notices. The
Association shall not undergo investigation outside of its own records into the name or location
of any lender or lien holder.
My copy doesn't include all the language for the signature block — so there is probably
something that should be added here.
This Declaration is hereby executed on this
Declaration of Covenants. Conditions and Restrictions
Hidden Lakes
Page 40
day of 2007.
DECLARANT: Teammates, LLC
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STATE OF WASHINGTON
)ti
COUNTY OF YAKIMA
On this day of , 2007, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and 'sworn, personally appeared
to me known to be the of Teammates, LLC, the
corporation that executed the foregoing instrument, and acknowledged 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 they are authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Decimation of Covenants. Condlitions and Restrictions
HiilJcn l_aLcs
Page 41
Printed Name:
NOTARY PUBLIC in and for the State, of
Washington,
Residing at
My commission expires:
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Exhibit A
Parcel A: Hidden Lakes Info
That portion of Lots 1 and 2 of Short Plat recorded under Auditor's File Number 7300819, and
that portion of the Southwest 1/4, of the Southeast 1/4, of the Northeast 1/4 of Section 21, Township
13 North, Range 19, E.W.MN., more particularly described as Parcel "A', as shown on that
certain Record of Survey filed for record on March 17, 2006,_1 under Auditor's File Number
7498928, records of Yakima County, Washington.
Situated in City of Yakima, State of Washington.
Parcel I3: Hidden Lakes Info
That portion of the West t of the Southeast '/ of the Northeast '/ of. Section 21, Township 13
North, Range 19, E.W.M., more particularly described as Parcel"B" as shown on the face of
Survey recorded on May 14, 2007, under Auditor's File Number 7562131, records of Yakima
County, Washington.
Situated in City of Yakima, State of Washington.
Declaration 01 Covenants. Conditions and Restrictions
Hidden Lakes
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Exhibit B
BY-LAWS
The administration of the Association shall be governed by these Bylaws, subject to the
Declaration.
1. Application of Bylaws. All present and future Lot owners, mortgagees,
lessees and occupants of Lots and their employees, and any other persons who may use the
facilities of the property in any manner are subject to the Declaration, these Bylaws and all
rules made pursuant hereto and any amendment thereof. The acceptance of a deed or
conveyance or the entering into of a lease or the act of occupancy of a Lot shall
constitute an agreement that the provisions of the Declaration and these Bylaws (and any
rules and regulations made pursuant thereto), as they may be amended from time to time,
are accepted, ratified and will be complied with.
2.Board of Directors. The initial Board shall consist of three Directors who shall all be
appointed by the (Declarant?)Developer and shall serve at its pleasure until Directors are elected.
At the first annual meeting after the end of the Development Period (or at a special meeting
called after that date), the members shall elect a five -member Board of Directors to conduct the
affairs of the Association and the administration of the property on behalf of the
Association, who shall be Lot Owners.
(a) The Lot Owners shall elect the members of the Board of Directors for the
forthcoming year. At least thirty (30) days prior to any annual meeting of the
Association, the Board of Directors shall appoint from the Lot Owners a
Nominating Committee of not less than three (3) members (none of whom shall be
members of the then Board of Directors) who shall recommend to owners present at
the annual meeting one nominee for each position on the Board of Directors to be
filled at that particular annual meeting. Nominations for positions on the Board of
Directors may also be made by petition filed with the Secretary of the Association at
least seven (7) days prior to the annual meeting of the Association, which petition
shall be signed by ten (10) or more Lot owners and signed by the nominee named
therein indicating his willingness to serve as a member of the Board of Directors.
Three (3) of the Directors shall be elected to serve two (2) year terms, two (2) of the
Directors shall be elected to serve a one (1) year term. Provided, however, after the
initial Directors are elected, each Director elected thereafter will be elected for a two
(2) year term. The members of the Board of Directors shall serve until their
respective successors are elected, or until their death, resignation or removal. Any
member of the Board of Directors who fails to attend three (3) consecutive Board of
Directors meetings or fails to attend at least 25% of the Board of Directors meetings
held during any calendar year shall forfeit his membership on the Board of Directors.
(b) Any member of the Board of Directors may resign at any time by
giving written notice to the President or the Secretary of the Association, or the
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Hidden Lakes DOC.
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remaining Board of Directors members. Any member of the Board of Directors may
be removed from membership on the Board of Directors by a two-thirds majority
vote of the Association. Whenever there shall occur a vacancy on the Board of
Directors due to death, resignation, removal or any other cause, the remaining Board
members shall elect a successor Director to serve until the next annual meeting of the
Association, at which time said vacancy shall be filled by the Association for the
unexpired term, if any.
(c) The members of the Board of Directors shall receive no compensation
for their services unless expressly approved by a majority of the Association.
(d) The Board of Directors, for the benefit of the Property and the
Association, shall manage the business, property and affairs of the Community and
the Association and enforce the provisions of the Declaration, these Bylaws, and
the Rules and Regulations governing the Property. The Board of Directors shall have
the powers, duties and responsibilities with respect to the Property as contained in the
State Statutes, Articles of Incorporation, the Declaration and these Bylaws.
(e) The meetings of the Board of Directors shall be held at such places within
the State of Washington as the Board'of Directors shall determine. A majority of the
members of the Board of Directors shall constitute a quorum, and if a quorum is present,
the decision of a majority of those present shall be the act of the Board of Directors.
The Board of Directors shall annually elect all of the officers of the Association. The
meeting for the election of officers shall be held at the first Meeting of the Board of
Directors immediately following the annual meeting of the Association.
(f) Special meetings of the Board of Directors may be called by the
president or by any two (2) Board of Directors members.
(g) Regular meetings of the Board of Directors may be held without call or
notice. The person or persons calling a special meeting of the Board of Directors shall, at
least ten (10) days before the meeting, give notice thereof by any usual means of
communication. Such notice need not specify the purpose for which the meeting is
called; if an agenda is prepared for such a meeting, the meeting need not be restricted
to discussions of those items listed on the agenda.
(h) Action by Written Consent. Any action 'required or permitted by the
Articles of Incorporation, the Bylaws, the Declaration, or under the laws of the State of
Washington, to be taken at a meeting of the Board of Directors of the Association may be
taken without a meeting if consent in writing, setting forth the action so taken, shall be
signed by all of the Board of Directors entitled to vote with respect to the subject matter
thereof. Such consent shall have the same force and effect as a unanimous vote and may
be described as such.
(i) Any member of the Board of Directors may, at any time, waive notice of
any meeting of the Board of Directors in writing, and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a member of the Board of
Declaration or Covenants. Conditions and Restrictions
Hidden Lakes
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Directors at a meeting shall constitute a waiver of notice of such meeting except if a
Board of Directors member attends the meeting for the express purpose of objecting to
the transaction of any business because the meeting was not lawfully called. If all the
members of the Board of Directors are present at any meeting of -the Board of Directors,
no notice shall be required and any business may be transacted at such meeting.
(j) The fiscal year shall be determined by the Board of Directors.
3. Meetings of the Association.
(a) A meeting of the Association must be held at least once each year. The
presence in person or by proxy at any meeting of the Association of twenty percent
(20%) of the Lot owners in response to a notice of all Lot owners of record properly
given shall constitute a quorum. In the event that twenty percent (20%) of the Lot
owners are not present in person or by proxy, the meeting shall- be adjourned for a
minimum of twenty-four (24) hours and a maximum of sixty (60) days, at which time it
shall reconvene and any number Of Lot owners present at such subsequent meeting shall
constitute a quorum. Unless otherwise expressly provided in the Declaration, any action
may be taken at any meeting of the Lot owners upon a majority vote of the Lot owners
who are present in person or by proxy and who are voting, except as already defined in
the Declaration.
(b) Unless otherwise determined by the Board of Directors, the annual
meeting of the Association shall be held in the first quarter of the, fiscal year at the
property or at such other reasonable date, time and place located in Yakima County,
Washington (and not more than sixty (60) days before or after such time) as may
be designated by written notice by the Board of Directors delivered to the Lot owners
not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said
meeting. At or prior to an annual meeting, the Board of Directors shall furnish to the
Lot owners: (a) a budget for the corning fiscal year, that shall itemize the estimated
common expenses of the coming fiscal year with the estimated allocation thereof to each
Lot owner; and (b) a statement of the common expenses itemizing receipts and
disbursements for the previous and current fiscal year, together with the allocation
thereof to each Lot owner.
(c) Special meetings of the Association may he held at any time at the
Property or at such other reasonable place to consider matters which, •by the
terms of the Declaration, require the approval of all or some of the Lot owners, or
for any other reasonable purpose. Special meetings shall be called by written
notice, signed by the president, a majority of the Board of Directors, or by Lot owners
representing at least ten percent (10%) of the votes in the Association and delivered to
all Lot owners not less than fourteen (14) nor more than sixty (60) days prior to the date
fixed for said meeting. The notices shall be hand -delivered or sent prepaid by first class
mail by the secretary to the mailing address of each owner or to any other mailing
address designated in writing by the owner, and shall specify the date, time and place of
the meeting, and the matters to be considered, including the general nature of any
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proposed amendment to the articles of incorporation, bylaws, any budget or changes in
the previously approved budget that result in a change in assessment obligation, and any
proposal to remove a di rector.
(d) Robert's Rules of Order (latest edition) shall govern the conduct of
the Association's meeting when not in conflict with the Declaration or these Bylaws.
4. Officers.
(a) All officers and employees of the Association shall serve at the will
of the Board of Directors. The officers shall be a president, vice president, secretary
and treasurer. The Board of Directors may appoint such other assistant officers, as the
Board of Directors may deem necessary. No officer shall receive compensation for
serving as such. Officers shall be annually elected by the Board of Directors and may
be removed and replaced by the Board of Directors.
(b) The president shall be the chief executive of the Board of Directors and
shall preside 'at all meetings of the Lot owners and of the Board of Directors and
may exercise the powers ordinarily allocable to the presiding officer of an Association.
He shall sign on behalf of the Association all conveyances, mortgages and
contracts of material importance to its business. He shall do and perform all acts,
which the Board of Directors may require.
(c) In the absence or inability of the president, the vice president shall
perform the functions of the president.
(d) The secretary shall keep minutes of all proceedings of the Board of
Directors and of the meetings of the Association and shall keep such books and records
as may be necessary and appropriate for the records of the Lot owners and the
Board of Directors. The secretary may prepare, execute, certify, and record
amendments to the governing documents on behalf of the Association. The
secretary shall not be the same person as the president. -
(e) The treasurer shall be responsible for the fiscal affairs of the Association,
but may delegate the daily handling of funds and the keeping of records to a
manager or managing company.
5. Litigation.
(a) If any action is brought by one or more but less than all Lot owners on
behalf of the Association and recovery is had, the plaintiffs expenses, including
reasonable counsel's fees, shall be a common expense; provided, however, that if
such action is brought against the Lot owners or against the Board of Directors,
the officers, employees, or agents thereof, in. their capacities as such, with the result
that the ultimate liability asserted would, if proved, be borne by all the Lot owners.
The plaintiff's expenses, including counsel fees, shall not be charged to or borne by
the other Lot owners, as a common expense or otherwise.
I)ecl: r cion or Covenants. Conditions :incl Restrictions
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46
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(b) Complaints brought against the Association, the Board of Directors or
the officers, employees or agents thereof, in their respective capacities as such, or the
property as a whole, shall be directed to the Board of Directors (or the Board's
designee), which shall promptly give written notice thereof to the Lot owners and
any mortgagees and shall be defended by the Board of Directors, and the Lot
owners and mortgagees shall have no right to participate other than through the
Board of Directors in such defense. Complaints against one or more, but less than all
Lot owners shall be directed to such Lot owners, who shall promptly give written
notice thereof to the Board of Directors and to the mortgagees affecting such Lots,
and shall be defended by such Lot owners.
6. Abatement and Enjoinment of Violations by Lot Owners. The violation of any
house rules or administrative rules or regulations adopted by the Board of Directors or the
breach of any provision contained herein, or the breach of any provision of the Declaration,
shall give the Board of Directors the right, in addition to any other rights set forth in these
Bylaws:
(a) To enter the Lot in which or as to which such violation or breach exists
and to similarly abate and remove, at the expense of the defaulting Lot owner, any
structure, thing or condition that may exist therein contrary to the intent and meaning of
the provisions hereof, and the Board of Directors shall not thereby be deemed guilty
in any manner of trespass; or
(b) To enjoin, abate or remedy by appropriate legal proceedings, either at
law or in equity, the continuance, of any such breach.
7. Accounting.
(a) The books and accounts of the Association shall be kept in accordance
with generally accepted accounting, procedures under the direction of the treasurer.
(b) At the close of each fiscal year, the books and records of the Board
of Directors shall be audited by a certified public accountant if requested by a Majority
of the members of the Association. The Association shall provide for an annual
unaudited independent review of the accounts of the Association. Copies of the review
shall be made available to any Member who requests a copy in writing and pays the
reasonable cost of photocopying the same.
(c) The books and accounts of the Association shall be available for
inspection at the office of the Association by any Lot owner or his authorized
representative during regular business hours.
8. Committees. The Board of Directors by resolution may designate one or more
committees, each committee to consist of three (3) or more Lot owners, which to the extent
provided in said resolution, shall have and may exercise the powers set forth in said
resolution. Such committees shall have such names as may be determined from time to
time by the Board of Directors. Such committees shall keep regular minutes of their
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Hidden Lakes
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proceedings and report the same to the Board of Directors when required. The members of
such committees designated shall be appointed by the Board of Directors. The Board of
Directors may appoint Lot owners to fill vacancies on each of said committees occasioned by
death, resignation, removal or inability to act for any extended period of time.
9. Amendment of Bylaws. These Bylaws may be amended by a majority affirmative
vote of the Association at a meeting duly called for such purposes. Any material amendment to
these Bylaws must be approved in writing by all mortgagees as defined in the
Declaration. Upon such an affirmative vote, the Board of Directors shall acknowledge the
amended Bylaws, setting forth the fact of the required affirmative vote of the Lot owners and
mortgagees where necessary and the amendment shall be effective upon recording.
10. Severability. The provisions hereof shall be deemed independent and
severable, and the invalidity or partial invalidity or unenforceability of any one provision or
portion hereof shall not affect the validity or enforceability of any other provision hereof.
1 1. Captions. The captions herein are inserted only as a matter of convenience and
for reference and in no way to define, limit or describe the scope of these Bylaws nor 'the
intent of any provision hereof.
12. Effective Date. These Bylaws shall take effect upon recording of the Declaration
of which they area part.
EXECUTED , 2007:
HIDDEN LAKES HOMEOWNERS ASSOCIATION
By:
Print Name:
Title: President
I)eelarati on of Covenants. Conditions and Itestrictions
Hidden lakes
Page 48
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EXHIBIT C
Vehicle Operation
1. Vehicle Operators. Vehicle operators must obey all laws of operation and the Declaration,
including but not limited to operation in a safe manner, and according to any posted signs.
2. Speed Limit. There is a speed limit.of ten (10) miles per hour within the confines of Terrace
Heights. Pedestrians, bicycles, golf carts or similar personal conveyances (such as a wheelchair)
shall be granted right-of-way at all times. All owners and their guests are required to observe any
posted signs.
3. Vehicle Washing. No vehicles may be washed on the streets. Owners must wash vehicles in
the driveway.
4. Vehicle Parking. No home site may have more vehicles (motorized or non -motorized) than the
number of off-street parking spaces for the lot. However, owners may arrange for vehicles to be
stored in the RV parking area if space is available.
Parking is only permitted in the owner's garage or driveway, not on landscaped or other areas of
the lot.
No vehicle shall be parked in a driveway in such a manner that the vehicle would extend past the
flow line (gutter).
No unsightly or inoperable vehicle may be parked in an owner's driveway including those with
visible tools, equipment or other items that can be seen from the street or neighbors' homes. An
exception would be vehicles used by maintenance personnel (e.g. lawn mowing, etc.)
No owner's vehicle having vehicle advertising can be parked in the driveway.
An owner's RV may be loaded or unloaded in the street only if the Homeowners Association is
advised, and parking does not exceed 24 (twenty-four) hours. Otherwise, no street parking is
allowed.
Service or delivery personnel whose vehicles may not fit in the driveway may temporarily park
in the street.
I)cclaralion oI Covenants. Conditions and Restrictions
Hidden Lakes
Page 49
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PET AGREEMENT
Registration is required before an owner may keep pets at Hidden Lakes. Permission will be
given under the following conditions. Violation of any of these rules is cause for revoking
permission to keep a pet. •
See SEPARATE FORM FOR SIGNATURE
I. Type and Number. Only domestic animals are permitted in Terrace Heights. Owners may have
no more than three (3) neutered or spayed pets. No fowl (such as chickens or pigeons), monkeys,
snakes, reptiles, or other unusual animals are allowed. Hidden Lakes shall, in its discretion for
the purpose of this regulation, determine if a particular animal is or is not a domestic pet.
2. Pet Containment. Animals must be kept on a leash at all times while outside the confines of an
owner's home or fenced yard. Pets are not permitted in the clubhouse (even if carried), nor will
pets be permitted to invade the privacy of anyone's homesite. The Homeowners Association is
authorized to remove any pet that is loose and unattended to an animal shelter and any associated
impound fee will be at owner's expense.
3. Disturbance. Pets will not be allowed to cause any disturbance, which might annoy neighbors.
If a pet causes any disturbance, annoyance or harm, such as barking, growling, biting, or any
other unusual noises or damages which will unreasonably annoy or cause harm to the
community, a neiyghbor, or his/her property, permission to keep the pet may be revoked.
4. Guest's Pets. Guests who bring pets into Terrace Heights shall also be bound by this Pet
Agreement. All guests' pets must be registered before they are permitted to enter Hidden Lakes.
5. Owner Responsibility. Owner is responsible for any damage caused by their pet(s). Any pet
waste 'must be picked up immediately and disposed of in an appropriate manner.
6. Pet Weight. Each pet must weigh forty (40) pounds or less. At the time of owner's move -in,
the Association must give approval in writing for any pet whose weight exceeds this limit. This
pet can remain if all other pet rules are obeyed until the pet is given away or passes on. A similar
pet cannot then be brought in.
7. Additional Pets. Permission is granted only for the pets listed as part of this agreement.
Written permission and registration is required before any additional or replacement pet is
obtained.
8. Pet's Health Care. Owners shall provide regular health care for all pets that are not confined to
the home, together with keeping all customary "shots and/or vaccinations" current. The records
thereof shall be submitted to the Association reasonably as available. The Association has the
right to ask for the removal of any unhealthy pet allowed outside the home.
Declaration or Covenants. Conditions and Rc,tnction,,
Hidden Lakes
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9. Disabled Owners. Nothing contained within this Pet Agreement shall prevent owners from
receiving special consideration and accommodation for service animals.
STATE OF WASHINGTON )
)ss.
COUNTY OF _ )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and that person acknowledged signing this instrument, on oath
stated their authority to execute the instrument and acknowledged it as the authorized agent of
the party on behalf of whorl instrument was executed to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
SUBSCRIBED and SWORN to before nye this •- day of , 2007.
I)ccl: ration of Covenants. Conditions and IZestiletions
Hidden Lakes °)
Page 51
(printed name):
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission expires:
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•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For meeting of: January 20, 2009
ITEM TITLE: Contingent upon approval of the Plat/Planned Development of Hidden Lakes,
conduct a Public Hearing to consider a Resolution authorizing and directing the
City Manager to execute a Development Agreement with Teammates, LLC to
construct a Single -Family Residential Subdivision/Master Planned Development
located in the vicinity of West Washington and 72nd Avenues.
SUBMITTED BY: William R. Cook,
Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Associate Planner, 575-6163
SUMMARY EXPLANATION:
Contingent upon approval of the Plat/Planned Development of Hidden Lakes, the City Council is
asked to conduct a Public Hearing and to consider a Development Agreement between the City
of Yakima, and Teammates, LLC.
The Development Agreement formalizes the terms and conditions, under which the applicant's
proposed planned development and other City approvals for the proposed development located
in the vicinity of West Washington, and 72nd Avenues, will be built. Included in the agreement
are requirements for improvements to surrounding roads, water and sewer systems, technical
standards related to City building and zoning codes, and mitigation of environmental impacts.
The Agreement will among other things, implement the conditions of the final decisions,
eliminate uncertainty over development of the project, provide for the orderly development of the
project, mitigate environmental impacts, and otherwise achieve the goals and purposes for which
the Development Agreement statute was enacted.
Approval of the Development Agreement is the second to last step in the environmental and
development review process. The next step for Teammates Development would be to submit
construction plans and build or bond for all required infrastructure associated with the preliminary
plat.
Resolution X Ordinance
Other Development Agreement
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: 4-1;-)t2/ City Manager
STAFF RECOMMENDATION: Conduct public hearing to approve resolution and
development agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: