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HomeMy WebLinkAboutR-2016-011 Preliminary Plat and Planned Development Agreement with Catalyss, LLC (Vicinity of Castlevale Rd and North 40th Ave)RESOLUTION NO. R-2016-011 A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Catalyss, LLC. (herein after "Developer") to provide for the terms and conditions of development of a preliminary plat and planned development to be located in the vicinity of Castlevale Road and North 40th Avenue, in the City of Yakima. WHEREAS, the City of Yakima (herein 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 36.706.170-36 706.210, YMC Ch. 15 28 050 and YMC 15.10 010; 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 Two Family Residential; and WHEREAS, Developer has obtained development rights for a single parcel of approximately 29 acres in the vicinity of Castlevale Road and North 40th Avenue, Yakima, Washington, (the "property") is legally described in the Development Agreement as Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, on May 11, 2009, Toscanna, LLC., submitted an application for a sixty-six (66) lot preliminary residential subdivision and planned development located in the vicinity of Fechter Road and Castlevale Road, (the "Project"); and WHEREAS, on May 18, 2009, 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 10 020 and described in YMC Chapter 14.20; and WHEREAS, the specific proposed use of the property identified by Developer is that of a 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 June 12, 2009; and WHEREAS, as engineering for the approved preliminary subdivision progressed, the Developer determined that, in order to balance the site it would need to grade both Parcels A and B and move substantially more earth than originally disclosed in its original environmental checklist. On February 9, 2015 2015, the Developer submitted a revised environmental checklist to the City On February 27, 2015, the City issued an addendum to the Mitigated Determination of Nonsignificance; and WHEREAS, on July 9, 2009, the Hearing Examiner held an open record hearing in consideration of the Project; and WHEREAS, on July 22, 2009, the Hearing Examiner issued his land use recommendation proposing that the Project be approved subject to conditions; and WHEREAS, on August 18, 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 the Developer 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 the Developer 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 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 19tday • January, 2016. ATTEST: Avin-Gutierrez, May Sonya Clalar Tee, City Clerk e 4 After Recording Return To: City Clerk, City of Yakima 129 North 2nd Street Yakima, Washington 98901 Document Title: Development Agreement Grantor: Catalyss, LLC Grantee: City of Yakima Abbreviated Legal Description: Parcel A (Yakima County Assessor's Parcel Number 181315-31011): Section 15 Township 13 Range 18 Quarter SW: TH PTN N1/2 OF N1/2 OF SW1/4 LY S'LY AND E'LY OF R/W OF YAKIMA VALLEY CANAL COMPANY ALSO TH PTN SW1/4 OF NE1/4 OF SW1/4 ALSO SEILY E'LYO OF R/W OF YAKIMA VALLEY CANAL COMPAY AND N'LY OF A LINE BAAP ON E LN OF SD SWI/4 NE 1 /4 S W 1 /4, 659.90 FT S OF NE COR, TH N 86^ 40' 00" W 1115 FT M/L TO ELY R/W LN OF SD CANNE'LY OF FOL DESC LN: BEG SW COR OF NE1/4 SW1/4, TH S 89^ 59' 18" E 658.19 FT, TH S 89^ 58' 52" E 69.77 FT TO W'LY R/W OF N 40TH AVE, SD PT BEING ON CURVE CONCAVE TO E HAVING A RADN'LY AL SD R/W CONSUMING A CEN ANG OF 00^ 09' 48" AN ARC LENGTH OF 2.99 FT, WITH CORD BEARING OF N 02^ 21' 39" E TO POB OF SD LN; TH N 89^ 58' 52" W 304.46 FT TO PT OF CUR CONCAVEA RAD OF 225 FT, TH NW'LY AL SD CUR WITH CEN ANG OF 64^ 37' 09" AN ARC LENGHT OF 253.76 FT, TH N 25^ 21' 42" W 466.72 FT TO PT OF CUR TO LEFT HAVING A RAD OF 150 FT, TH NW'LY AL SDOF 33^ 00' 26" AN ARC LENGHT OF 86.41 FT TO YAKIMA VALLEY CANAL COMPAMY R/W AND TERM SD LN Parcel B (Yakima County Assessor's Parcel Number 181315-34037): Section 15 Township 13 Range 18 Quarter SW: BEG 659.90 FT S OF NE COR SW1/4 NE1/4 SW1/4, TH N 86^ 40' 00" W 1115 FT FT M/L TO E LN YAKIMA VALLEY CANAL R/W, TH S'LY & E'LY ALLN OF NW1/4 SE1/4 SW1/4, TH N AL SD E LN 375 FT M/L TO POB, EX BEG 659.90 FT S OF NE COR SW1/4 NE1/4 SW1/4, TH N 86^ 40' 00" W 214, TH S 337.60 FT TO NE'LY R/W LN OF YAKIMA VALLEYSD R/W TO E LN OF NW1/4 SE1/4 SWI/4, TH N 375 FT TO POB Tax Parcel Nos. 181315-31011, 181315-34037 Cross Reference: None Development Agreement - 1 DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND CATALYSS, LLC FOR CATALYSS PLANNED RESIDENTIAL DEVELOPMENT THIS DEVELOPMENT AGREEMENT ("Agreement') is entered into between the City of Yakima, a Washington municipal corporation ("City"), and Catalyss, 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 15.28.050 and YMC 15.10.010; and WHEREAS, Developer owns property referred to herein as Parcel A (Tax Parcel 18131531011), a 22.8 acre property located along Castlevale Road across from the Seattle Slew Run Intersection Yakima, Washington and Parcel B (Tax Parcel 18131534037), a 5.97 property adjacent to the south of Parcel A. Parcels A and B collectively are referred to as the "Property." The Property is legally described in Exhibit A; and WHEREAS, the City has approved a preliminary subdivision and creation of a planned development with certain amenities on Parcel A. The subdivision and planned development, formerly known as Toscanna and later as Vincitore, are now known as Catalyss; and WHEREAS, the approved preliminary subdivision includes 66 single-family residential common wall lots on approximately 9.61 acres in Two Family Residential District (R-2 District) and private access streets serving the residences resulting in an overall project size of 11.05 acres. The remaining 11.75 acres of Parcel A were reserved for future phases of the subdivision and planned development; and WHEREAS, as engineering for the approved preliminary subdivision progressed, the Developer determined that, in order to balance the site it would need to grade both Parcels A and B and move substantially more earth than originally disclosed in its environmental checklist. On February 9, 2015, the Developer submitted a revised environmental checklist to the City. On February 27, 2015, the City issued an addendum to the Mitigated Determination of Nonsignificance; and Development Agreement - 2 WHEREAS, based on market conditions and costs of development. Developer has submitted long plat for entire site that consists of 12 phases, and will begin development in the northwestern portion of Parcel A in the R-1 district. The 66 -lot approved preliminary subdivision will be developed as later phases; 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 a portion of Parcel A R-2 District (the 66 single family common wall lots) and the remainder of Parcel A and all of Parcel B R-1 District; and WHEREAS, the parties intend this Agreement to guide the current and future uses of the Property; now, therefore, IN CONSIDERATION OF mutual benefits, the parties agree as follows: 1. Elements of the Proposed Development. Developer's proposal for the Property is hereby acknowledged and warranted to be for the purpose of constructing a phased residential subdivision and planned development on Parcels A and B. The phased subdivision and planned development is referred to herein as the "Proposed Development." The development is anticipated to be no more than 12 phases. Consistent with YMC 15.28.035.D, each phase will contain adequate infrastructure and landscaping in order to allow the phase to stand alone in the event no subsequent phases are developed. The Proposal Development is composed of the following elements and subject to the following development standards: 1.1 Maximum number of lots: 140 1.2 Minimum lot size: 1.2.1 R-2 District: 4,000 square feet. 1.2.2 R-1 District: 6,000 square feet. 1.3 Setbacks: Development Agreement - 3 1.3.1 Side yard in the R-1 District: 5', and 32.5' from centerline of private road. 1.3.2 Side yard in the R-2 District: if the dwellings are attached, 0' on one side, 5' on the other; if the dwellings are detached, 5' on both sides, and 32.5' from centerline of private road. 1.3.3 Rear yard: 15' 1.3.4 Front yard: 37.5' from centerline of private road. 1.4 R-2 Zone residential development: Not more than 66 single-family attached (common wall) or detached dwelling units on separate lots together with accompanying amenities in multiple phases in the R-2 zoned portion of Parcel A. Common wall lots will be a minimum of 35 feet wide as measured at the rear of the required front yard setback. Developer acknowledges that detached dwelling units would require reconfiguration of the lots in the approved preliminary plat to increase the lot size and may require additional City review and/or approvals. 1.5 Circulation: This development will be a gated community with private streets, a minimum 4' wide sidewalk and street lights on one side of the street only, and a common mail kiosk. 1.6 Open Space: Open spaces will be provided for activities. 1.7 Community Recreation Center: A community recreation center may be provided in a future phase. 1.8 Aesthetics: All development will be designed to high standards and will be well maintained, utilizing natural colors, textures and landscaping features to compliment the surroundings. 2. The proposed common wall development. For the R-2 zoned portion of Parcel A the Developer proposed construction of not more than 66 single-family attached (common wall) dwellings on separate lots together with accompanying amenities in multiple phases. 2.1 Single-family attached (common wall) dwellings are classified as a Type 1 use in the Two Family Residential District. 2.2 The application 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 July 22, 2009 and approved by Yakima City Council Resolution R-2009-109 on August 18, Development Agreement - 4 2009. Resolution R-2009-109 and the Hearing Examiner's Recommendation, are attached hereto as Exhibit B and incorporated herein by this reference as if set forth in full. Exhibit C contains a narrative summary of the proposed common wall development. Exhibits D and E contain a summary of development standards and public meeting summaries, respectively. 2.3 Developer agrees to abide by the terms and conditions of approval contained in Resolution R-2009-109, including construction of all infrastructure described on the plat/planned development site plan map attached hereto as Exhibit F 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 and the City Council's approval and the terms of this Agreement. Developer agrees that the use of the R-2 zoned portion of Parcel A 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 June 12, 2009 as supplemented by the Addendum to the Mitigated Determination of Nonsignificance issued by the City of Yakima on February 27, 2015 copies of which are attached hereto as Exhibit H 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. 3. Additional Permits or Approvals. Subject to the vesting provisions of § 12, 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. 15.28 Yakima Municipal Code and attached hereto as Exhibit I 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. "Additional permits or approvals" include, but are not limited to, the requirement that Developer obtain a storm water ("SWPPP") permit the that includes submission of a drainage report subject to approval by the City's Surface Water Engineer, submission of any applicable storm water pollution prevention plan or erosivity waiver, and maintenance agreement. 4. Declaration of Covenants, Conditions, Restrictions and Easements. Developer agrees to abide by all such conditions as are identified as a part of the Declaration of Covenants, Conditions, Restrictions and Easements for Catalyss attached hereto as Exhibit G, which are incorporated herein by this reference as if set forth in full. Development Agreement - 5 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 attorney's 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. Term. This Agreement shall continue in force for a period of thirty-five (35) years unless extended or terminated as provided herein or when the Property has been fully developed, whichever first occurs, 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 not be accepted by the City of Yakima as public streets unless, prior to any public dedication of the private streets in the Planned Development, the streets are reconstructed to meet the City street standards at the expense of either the Developer or the Catalyss Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G. 9. City's reservation of rights/Phasing. 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 Development Agreement - 6 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. The City acknowledges that the Proposed Development will be phased as shown on Exhibit J and that timing, sequence of, and configuration of the phases may change in response to market conditions. The Developer acknowledges that any material change to the phasing plan may require 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. 10. 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. 11. Modification of an approved master planned development overlay. Modifications to the approved adopted master development plan and/or this Agreement may be requested from time to time. Implementation of the master development plan shall be reviewed through the Type (1) review process. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (2) review. Major modifications will undergo Type (3) review. The following criteria are established to assist this determination: A. Type (1) Review Projects or Actions. Type (1) review process shall be applied to future Class (1) projects or actions in compliance with an approved master development plan and development agreement; and B. Type (2) Review Projects or Actions. Type (2) review process shall be applied for minor modifications to an approved master development plan or development agreement. A change or amendment to the approved master plan shall be deemed a "minor modification" if, in the reviewing official's discretion, the following criteria are satisfied: Development Agreement - 7 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses; 4. The amendment does not materially change parking or traffic circulation within the development; 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; 6. The amendment does not materially impact the overall design of the approved master plan; and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. C. Type (3) Review Projects or Actions. A major modification to the master development plan shall be subject to a Type (3) review and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. Type (2) and (3) review shall be conducted consistent with the provisions of YMC Chapters 15.14 and 15.15, respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original master development plan and development plan approval shall be followed. (Ord. 2008-46 § 1 (part), 2008). 12. Vesting. Subject to the limitations stated below, , the Proposed Development shall be vested as provided in YMC 14.05.180 to development regulations, standards, conditions, and laws applicable at the time a complete subdivision application was filed May 11, 2009, inclusive of specific conditions and standards set forth in this Agreement. The vesting period shall be for the Term provided in § 8 above. During the vesting period the Developer shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the Development Agreement. Vesting of rights also include reservation of traffic capacity on public streets and roadways and capacity in the Development Agreement - 8 public facilities of sanitary sewer and domestic water for a period of five (5) years from the date of this Agreement. Notwithstanding the above, the parties agree that Developer's submission of a complete application for a building permit shall only vest the Developer to the building codes in Title 11 YMC in effect at the time of submission of the complete application for a building permit for the structure(s) subject to such permit. Developer shall be required to retain the water quality storm on site. "Water quality storm" means the six-month, 24 hour storm. Subject to City's review and approval as required below, any excess storm water can go into the City storm line. Complete storm water design plans, specifications and runoff/storage calculations supporting the storm water design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards to which the Proposed Development is vested. These plans and control measures, including capacity of the City storm line to receive storm water in excess of the water quality storm, must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control ("UIC") wells are used in the construction design, the UIC wells must be registered with the Department of Ecology ("DOE") and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 13. 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. 14. 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. 15. 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. 16. Entire agreement. This Agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. [Signature Page Follows] Development Agreement - 9 AGREEMENT DATED this ab day of January, 2016. CITY OF YAKIMA By: Interim City Manager (ATTEST: ya Claar Tee Clerk STATE OF WASHINGTON ) ss. County of Yakima CATALYSS, LLC, a Washi : on limited liability company By: Nam-: p, v,D J )uLe- Title: p 1045, 5 TPIerwtge°C. , I certify that I know or have satisfactory evidence that Jeff Cutter, personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Interim 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` , 2016. Cm CONTRACT NO: jO� I RESOLUTION NO: 14- 01,01(0 ` (J Development Agreement - 10 Notary Public Residing at c 161\ragt Commission expires: 1- "1— 20 TAMMY A. REGIMBAL Notary Public State of Washington My Commission Expires July 9,2017 STATE OF WASHINGTON County of ) ss. I certify that I know or have satisfactory evidence that M 1uie, personally appeared before me, signed this instrument, on oath stated that he authorized to execute the instrument and acknowledged it as the ManaglivA c wlloo' of Catalyss, LLC, to be the free and voluntary act of such party for the useS'and purposes mentioned in the instrument. DATED: Development Agreement - 11 , 2016. Notary Public Residing at L iztabi1QJ Commission expires: ipv11 3 , 2t to Exhibit A: Legal description of Property Development Agreement - 12 PARCEL A THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., LYING SOUTHERLY AND EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY. AND THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY AND NORTHERLY OF A LINE BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 659.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 86'40'00 WEST 1,115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF SAID CANAL; EXCEPT THAT A PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89'59'18" EAST ALONG THE SOUTH LINE THEREOF 658.19 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 89'58'52" EAST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 15 A DISTANCE OF 69.77 FEET TO THE WESTERLY RIGHT OF WAY OF NORTH 40TH AVENUE, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1050.00 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A CENTRAL ANGLE OF 0'09'48", AN ARC LENGTH 2.99 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 02'21'39" EAST TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89'58'52" WEST 304.46 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF 225.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 64'37'09" AN ARC LENGTH OF 253.76 FEET; THENCE NORTH 25'21'42" WEST 466.72 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 33'00'26" AN Development Agreement - 13 ARC LENGTH OF 86.41 FEET TO THE YAKIMA CANAL COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE. PARCEL B THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING 659.9 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE NORTH 86'40' WEST, 1115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF THE YAKIMA VALLEY CANAL; THENCE SOUTHEASTERLY, ALONG SAID RIGHT OF WAY LINE, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH, 375 FEET TO THE POINT OF BEGINNING; EXCEPT BEGINNING 659.9 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.; THENCE NORTH 86'40' WEST, 214.00 FEET; THENCE SOUTH 0'00' EAST, 337.6 FEET, MORE OR LESS, TO THE NORTHEASTERLY RIGHT OF WAY LINE OF THE YAKIMA VALLEY CANAL; THENCE SOUTHEASTERLY, ALONG SAID RIGHT OF WAY LINE, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH, 375.00 FEET TO THE POINT OF BEGINNING. Development Agreement - 14 Exhibit B: Narrative Summary of Preliminarily Approved R-2 Zone residential development Development Agreement - 15 A Residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and Preliminary Subdivision to create 66 Single - Family Residential common wall lots, located on approximately 11.05 acres. The residential lots will be located within the R-2 District and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of Parcel A located within the R-1 District would be held in reserve for future development. The common wall lots would be developed in multiple phases, with streets terminating in circular gravel turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. Development Agreement - 16 Exhibit C: Resolution R-2009-109 and Hearing Examiner's Recommendation Development Agreement - 17 RESOLUTION NO. R-2009-109 A RESOLUTION approving a preliminary long plat and planned development, for the Preliminary Plat of Toscanna, Phase 1, a sixty-six lot common -wall subdivision, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington. WHEREAS, on July 9, 2009, the Hearing Examiner held a public hearing to consider the application for a Master Planned Development / sixty-six lot common -wall subdivision known as Toscanna, Phase 1, submitted by Envizage Development Group (PLP #001-09 & PD #001-09); and, WHEREAS, on July 22, 2009, the Hearing Examiner issued his Recommendation for approval of the proposed plat subject to several conditions; and, WHEREAS, the proposed Application conforms with the City of Yakima Zoning Ordinance, Subdivision Ordinance, Development Standards Ordinance, and other applicable land use regulations; and, WHEREAS, at the Closed Record Public Meeting on August 18, 2009, after notice duly given according to the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff to prepare a resolution reflecting the same; and, WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Application; and, WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution. Section 2. Incorporation of Hearing Examiner's Recommendation and Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of approval of the Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW § 58.17.110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 0 Phase 1 ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th day of August, 2009. (jc)resfroscanna Phase 1 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT ("Agreement") is hereby entered into by CATALYSS L.L.C., holding harmless the CITY OF YAKIMA as outlined herein. CATALYSS L.L.C. voluntarily assumes and freely chooses to incur any and all risk of loss, damages, or injury that may occur or arise from any construction activities undertaken in its development located on the following two Yakima County parcels: 181315-31011 and 181315-34037, known generally as 4200 Castlevale Road and a parcel of land located off of Kern Road and North 40th Avenue, all in the City of Yakima (know herein collectively as the "Property") from the date of this Agreement until the pending preliminary plat is approved or denied by the City Council. CATALYSS L.L.C. understands and assumes all risk of loss associated with the possibility that the City Council will not approve the pending preliminary plat, and the improvements, including, but not limited to, any piping or other underground utility facilities, will either have to be removed or abandoned. CATALYSS L.L.C. holds harmless the City of Yakima, its elected and appointed officials, agents, officers, and employees from any claims, demands, liens, lawsuits, administrative or other proceedings, judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind (including attorneys' fees) to CATALYSS, L.L.C., or any third parties, arising out of, or related to any injury, damage or destruction to any person or any property caused by any means by CATALYSS, L.L.C., its agents, assigns, subcontractors, employees or volunteers, as a result of any construction activities undertaken at the Property prior to the preliminary plat being approved by the City Council. This Agreement was voluntarily entered into by CATALYSS, L.L.C. CATALYSS, L.L. '. has read and understands the information in this Agreement and hereby agrees to all the terms c• tained herein. The CITY'S signature indicates an acceptance of the Agreement and that ' understands construction will begin prior to the approval of the preliminary plat by the City ouncil under the terms and conditions herein. DATED this /3 day of June, 2016. CATALYSS, L.L.C. By (Print na ): ,�,QL/E SJ ULE Its (Title of S • ing Party): pew/VER.. STATE OF WASHINGTON ss. County of Yakima I certify that I know or have satisfactory evidence that . 6 k) is the person who appeared before me, and said person acknowledged that he s ed this instrument, on oath stated that he was authorized to execute this instrument on behalf of CATALYSS, L.L.C., and acknowledged it as the maw, Yhpf'ts,o&'Y of CATALYSS, L.L.C., to be the free and voluntary act of such party for the uses and Sur oses mentioned in this instrument. DATED this �,,./ of 'jam,/ , 2016. Notary Public State of Washington SARAH MARIE LAIDLER My Appointment Expires Apr 3, 2020 CITY OF YAKIMA Brett Sheffield, Engineer Ja40,004AVva4J&. VPrint Name:�MQJI(tc.. L41;a101 Title: My Commission Expires: r2A0A 3, .202-0 DEPARTM7 4' OF COMMUNITY AND ECONOMIC ;'ELOPMEN'T Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 www.huildingvakima.com • www.ci.yakima.wa.uslservices/planning/ NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION July 27, 2009 For the Record/File On July 9, 2009 the City of Yakima Hearing Examiner held an open record public hearing for the preliminary plat and planned development of Toscanna, Phase 1 (PD#001-09, PLP#001-09). The application was submitted by Envizage Development Group, to construct a residential development which consists of 66 common -wall lots and gated, private streets. The Hearing Examiner rendered his recommendation for approval, subject to conditions, on July 22, 2009. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The project is subject to hearing before City Council, which is tentatively scheduled for August 18, 2009. The City Clerks office will send official notices of the date of the hearing once it is set by City Council. For further information or assistance you may contact Joseph Calhoun, Assistant Planner at (509) 575-6162. Joseph Calhoun Assistant Planner Date of Mailing: July 27, 2009 Enclosure: Hearing Examiner's Recommendation Yakima WWI wuraamr 1111? 1994 City of Yakima, Washington Office of the Hearing Examiner Master Planned Development and Preliminary Subdivision Application By Envizage Development Group For the 66 Unit Toscanna I Development in the R-1 and R-2 Zone at Castlevale Rd. and Seattle Slew Run. RECEIVED JUL 2 2 2009 CITY op y,,,Ktiwk, File No. PD #001-09, PLP #001-09 Hearing Examiner's Recommendation INTRODUCTION. Envizage Development Group applied for a Master Planned Development Zoning Overlay and Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the Hearing Examiner and the applicant prior to the hearing. Staff analysis and recommendations for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road. The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMMARY OF RECOMMENDATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. rtmot, Vftl) JUL 2 2 2099 OTV OF YAKIMA Based on the staff report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following FIN a INGS. 1. APPLICANT. The applicant is Envisage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. OWNER Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908. 3. LOCATION AND LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for unspecified future development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. CURRENT SITE CONDITIONS. An irrigation canal follows and demarcates the property's western boundary. The western portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage easement runs from the southwest corner easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kern Road extends to the property from the east from its intersection with North 40th Avenue. Electrical and telecommunications services, natural gas, and public water and sewer services are available in the vicinity. Page 2 of 12 Toscanna 1 PD #OO1-09, PLP #001-09 7. CURRENT ZONING AND USE. The subject property is zoned Two -Family Residential (R-2) in the eastern portion and Single Family Residential (R-1) in the western portion. It was previously used as an orchard and contains a single family dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used for single family homes. Adjacent properties have the following characteristics: RECEIVED Location ZoningLand Use North R -1/B-1 ResidentialNacant Land JUL 2 2 2009 South R -1/R-2 Residential CITY OF YAl(fMA West R-1 Residential PLANNING DIV. East R -1/R-3 Residential/Mobile Home Park 8. COMPREHENSIVE PLAN. The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRONMENTAL REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3of12 Toscanna 1 PD #001-09, PLP 4001-09 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kem Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 1 2 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. 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. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. RECEIVED The MDNS was not appealed. JUL 2 2 2009 CITY OF YAK/iv), PLANNING DIV 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4of12 Toscanna 1 PD #OO1-09, PLP #001-09 10. PUBLIC NOTICES. RECEIVED ILL 2 2 2009 CITY OF YAKIMA PLANNING DIV This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. MASTER PLANNED DEVELOPMENT OVERLAY ANALYSIS. a. Master Plan Overlay Review Criteria. Generally, allowable uses in a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and f). Common wall units are single family residences sharing a common with other similar units at the lot boundary. Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in YMC § 15.28.040.D, and findings regarding the criteria are set forth in turn below. b. Does the Master Plan Development application demonstrate the economic and efficient use of land and provide for an integrated and consistent development plan for the site? The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide). The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall residential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design? The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Page 5 of 12 Toscanna 1 PD #001-09, PLP #001-09 The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City Standards at the expense of Homeowners Association established by the Development Agreement (AFN ) pertaining to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of development is completed? This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. No agency or public comments indicate that the respective phases cannot stand alone in the event that other phases are not developed. f. Does the Master Planned Development contain design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential significant off-site impacts including noise, shading, glare, and traffic been identified and mitigation incorporated to the extent reasonable and practical? The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded RECEi"P`^ Page 6 of 12 Toscanna 1 PD 4001-09, PLP #OO1-09 JUL UI I >f OF YHK�mK PLANNING DIV. that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, resulting in the functional and visual appearance of one integrated project? The project is for a private/gated Master Planned Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. i. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. j. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district? There are no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this finding. k. Is the proposed development designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. 12. PRELIMINARY SUBDIVISION ANALYSIS a. Subdivision Review Criteria. Open record hearings on preliminary subdivision reviews are conducted to examine and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7 of 12 Toscanna 1 PD #001-09, PLP #001-09 4. As required by Chapter 58.17 RCW, the proposed subdivision provisions for: a. b. c. d. e. f. Public health, safety and general welfare, Open spaces, Drainage ways, Streets or roads, alleys, and other public ways, Transit stops, Potable water supplies, irrigation and other water suppl g. Sanitary waste disposal, h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. Other planning features that assure walk to and from school; must make appropriate iers, RECEIvEQ JUL 2 2 2009 CITY OF yAmiti safe walking conditions for students who Based upon those standards the Hearing Examiner is to make a finding that the public use and interest will be served through the approval of the subdivision. See YMC 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the staff report, the proposal satisfied zoning standards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the draft Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8 of 12 Toscanna 1 PD #001-09, PLP #001-09 This compatibility is reflected in the supportive public comments received from neighbors during the open record hearing. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by agencies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development standards. Those comments and proposed conditions are set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master Planned Development Overlay on the subject property, and, therefore ,serves the public use and interest. 13. JURISDICTION. Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. Based on the preceding findings, the Hearing Examiner makes the following RECEIVED JUL 2 2 2009 CONCLUSIONS: CITY OF YAKIMA PLANNING DIV. 1. The Hearing Examiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and Planned Development applications.. 2. Subject to conditions identified through Planning Staff and Design Services Team review, the Master Planned Development Overlay application satisfactorily addresses the review criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as provided for YMC § 15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Page 9of12 Toscanna 1 PD #001-09, PLP #001-09 4. Subject to conditions identified through Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC, the preliminary plat of Toscanna I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Arca Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) infrastructure, including public facilities and services needed to serve the development, and (4) the characteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicable review criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the preliminary plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. The application by Envi7age Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and preliminary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application approval and shall be incorporated in the Development Agreement required for the Master Planned Development before its final execution. 2. All proposed construction is subject to plan review, inspections, and building permits. 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably unforeseen emergencies. Page 10 of 12 Toscanna 1 PD #001-09, PLP #001-09 RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. rrt(;EIVED JUL 2 2 2009 CITY OF YAKIMA B. Master Planned Development Overlay Conditions: PLANNING DIV. 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo Type (2) Review. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. Prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association as provided in the Development Agreement, AFN 3. 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). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the final plat. Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Siew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna I PD #001-09, PLP #001-09 Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21. 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22nd DAY OF JULY, 2009. Page 12 of 12 Toscanna I PD #001-09, PLP #001-09 P • TRICK D. SPURGIN HEARING EXAMINER PRO TEM RECEIVED JUL 2 2 zoo CITY OF YAKIMa, PLANNING DV Exhibit D: Summary of Development Standards Development Agreement - 18 Catalyss, LLC plans to create a Residential Master Planned Development on the Property. The elements of the Planned Development are described in Section 1.0 of this Development Agreement. Access to the planned development will be gated. The main entrance gate will have approximately 110 feet to the edge of the property line which is on Castlevale Road. The distance from the back gate to the property line next to Kern Road is approximately 120 feet. Both gates will be black wrought -iron. The Property will be developed in up to 15 phases, with streets terminating in circular gravel turnarounds until the completion of the final phases and the associated street completion. This development adheres to the definition of low impact development by utilizing existing storm water facilities and by retaining a portion of storm water onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that storm water facilities will be adequate. The paving width at the entrance of the site will be 45 feet wide, and the paving width at the gates will be 25 feet. Most private interior roads will have a 50 feet wide "right-of-way" and a 30 -foot travelled surface. This private/gated Master Planned Development will have open spaces for the use of residents. The area will contain design, landscaping, parking and traffic management along with appropriate setbacks, site screening, and buffers. Development Agreement - 19 Exhibit E: Public Meeting Summaries Development Agreement - 20 The Hearing Examiner held an open record hearing on July 9, 2009, and issued a recommendation for approval on July 22, 2009, subject to conditions. The Yakima City Council held a closed record public hearing on August 18, 2009. The Council approved Council Member Rodriguez's request to be recused from discussing the proposal because she lives in the area of the proposed development. Assistant Planner Joseph Calhoun described the development as a 66-lot common-wall subdivision on the eastern portion of the property. The remainder of the property is being reserved for future development. City reviewed the Hearing Examiner's recommendation and explained that staff recommends approval. Assistant Mayor Cawley opened the closed record hearing and with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title; Council Member Ensey moved and Council Member over seconded the Motion to adopt the resolution. The motion carried by a 5-0 roll call vote; Edler absent, and Rodriguez recused. Development Agreement - 21 Exhibit F: Site Plan Development Agreement - 22 • • • MASTER PLANNED DEVELOPMENT — SINGLE USE AND �,„ i _ , . PRELIMINARY PLAT OF CATALYSS IN THE SW 1/4 OF SEC. 15, T-13 N, R-18 E,W.M. 10. 0 NIT LEGAL OESCF*'ION PARCEL A TEO MINN OF ME H01111 NAV OF IN( MADERO NO EASTERLY EAT Cf TE WON. VALLEY CANAL C CENTER A T,gcn[M t> TOMS. la Cf NmM RACE N EAST..u. LING ?JAM NO MAVTIASl WMTERCEM A 1.212 LEW.° AT A PONT W TE MST 1122 22L SAID 932111NOT WARIER Cf TM MRTHEAST OWITER Cf ME MLEST 0212101.OS4A�V0 MET 9.11. 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ASE VICINITY MAP PARCEL RO 1181316-17 ROVES 1.E IINFOWS 21.13 MRCS .R TOM M DST WIT,NS • 3 USW 7 2 PER 1.0 MEW WE BE PRIVATE WEED SHEETS MT a STREETSWATER ERSERN MAMA A A PORTON OF SRAM ..1 ELL EP OGLIEMED INTO MEW ME PENNE SEEN POI EPE, 60.1.111. 1 M 43.4001 STEN oolemoc WATER TILL BE PROPER, BY 13TY OF TEMA 3 PE LACERECUIR POETA 111.11016. NOR.. COS NO EIRE 6 MASON 36115/0. 11-1 2112 11-1 MET - 3S FMN CENTER 13 0 7.71E RON RWNI - 31 MOSS CENTIMES CE E IW 6 SENSE RES LOIS 1 PEI 01 NNE SEES APOLY IESPENSAL LAE 3.61 I/ 13 SA LNOEPLU E I IDT AT P43LSE AS EAU 1310 APE WNW NM R IM 1D7 RESIDENTIAL SECTIDN - OM WAY WRARKNO NO SCALE ORTEDEVELOPER ENGPEER/SURVETOR RP ISO NU -C WALKS Ad L301.131 PL53 01061311118 NO wine -Two NEED TAMA 11891111811131 SMW rx.0 Re 5713-6000 PLSA RVETNOyIAFIIEO 100 NEST LINCOLN AVENUE YM Nd NA31GT vs<N0 7,6111, MASTER PLANED DEVELOPMENT PRFLMNA 41 OE RT PPMca4011 • 34037 CA 755, LLC CNN Et RIOT ERA 7/13/1015 an14001 31.61 ie. WM I/O, SEC. 15. T-13 N. R-15 ENA I : 1 Exhibit G: CC&Rs Development Agreement - 23 Name & Return Address ZOO al(e-uOaAi 3)r. (a,ktX a LL)h NOT SUBJECT TO R L ESTATE EXCISE TAX ER Please print neatly or type information TREASUR'SUN 0 7 2016' 1111111 iolio FILE# 7910983 YAKIMA COUNTY, WA 06/07/2016 10:12.46AN COVENANT PAGES 65 VALUED CUSTOMER CATALYSS LLC Recording Fee: 137.00 Document 1 Title: n LLra*ta.n o W U e r 'T co-rz.t-k-1 DALS ta'nS Reference #'s Additional reference #'s on page Grantors: Grantees: Ca4Zc.(L.(SS 1- LC. T- Pub (tc. 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, blk, plat or S.T.R quarter/quarter) So LAA, t t/4 Seg- ate V5—i'at,� r. st..� t3 N cr ;' 18, Additional legal is on page 7?j Assessor's Property Tax Parcel/Account Number aI5t5-,2110ll (81315-34(037 ❑ 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. - --Yakima-County Auditor — File#�J10983 Page 1 of 65 11 0 cnOcn 0 N44. DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR CATALYSS THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR CATALYSS (this "Declaration"), made effective upon its recording in the Official Records of Yakima County, Washington, is executed on the date set forth by the undersigned ("Declarant"). ARTICLE 1 BACKGROUND 1.1 Declarant is the owner of certain real property in the City of Yakima, Yakima County, Washington, which property and improvements are commonly known as Catalyss and is located on land more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"). 1.2 Declarant intends to create on that property a residential community known as Catalyss with permanently maintained Common Areas and easements for the benefit of the owners. 1.3 As is more particularly provided in this Declaration, the Property may be developed in phases. Phase 1 of the Property is more particularly described in Exhibit B attached hereto and incorporated herein ("Phase 1"). Initially, only Phase 1 is subject to this Declaration. Additional property, including all or any portion of the remaining Property and other property not described in this Declaration, may be annexed to and made a part of the Project by the recording of an appropriate amendment to this Declaration in accordance with Article 19. 1.4 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 PDX\ 128047\200909\LAC\ 15452096.9 ____ Yakima County Auditor _ File # 7910983 Page 2 of 65 1.5 Declarant has incorporated the Catalyss Homeowners Association to provide a means for meeting the purposes and intents set forth in this Declaration. 1.6 This Declaration of Covenants, Conditions and Restrictions is created and filed pursuant to the laws of the State of Washington. ARTICLE 2 DECLARATION 2.1 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. 2.2 Upon completion of the Development Period (defined in Article 3 below), Declarant intends to delegate and assign to Catalyss 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. ARTICLE 3 DEFINITIONS 3.1 "ACC" means the Architectural Control Committee established pursuant to the terns of Article 8 (Architectural Control). 3.2 "Annual Assessments" shall mean Base Assessments, Reserve Account Assessments, and any Specific Assessments which may be levied by the Association in each of its fiscal years pursuant to the terms of Article 7 (Assessments). 3.3 "Areas reserved to Declarant" means a perpetual, non-exclusive easement that through these CC&Rs, the Declarant has reserved unto itself and conveyed to the Association, 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. 3.4 "Association" means Catalyss Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 3.5 "Base Assessments" shall mean the assessments imposed upon all Lots for services rendered or expenses incurred by the Association pursuant to the terms of Section 7.4. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 PDX\ 128047\200909\I .AC\ 15452096.9 Yakima County Auditor File # 7910983 Page 3 of 65 3.6 "Board" or "Board of Directors" means the duly elected and qualified Board of Directors of the Association. 3.7 "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." Builders are subject to this Declaration in the same manner as an Owner. 3.8 "Bylaws" means and refer to the Bylaws of the Association. 3.9 "Common Areas" means 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 Article 6 of this Declaration, or real property owned by the Association for the common use and enjoyment of the Owners including but not limited to access roads and easements. 3.10 "Common Area Facilities" means improvements to the Common Areas which periodically will need to be repaired and replaced. 3.11 "Declarant" means Catalyss, LLC, a Washington limited liability company, and its successors and assigns in an instrument signed by then current Declarant and recorded in the Official Records of Yakima County, Washington. 3.12 "Design Guidelines" shall mean the Design Guidelines adopted by the ACC or Declarant pursuant to Section 8.3, as amended or modified from time to time. 3.13 "Developer" means and refers to Catalyss, LLC, a Washington limited liability company and its successors and assigns. 3.14 "Development Period" means the period of time from the date of recording of this Declaration until one hundred eighty (180) days after the date upon which one hundred percent (100%) of the Lots within the Project, including such additional property as may be annexed as provided by Article 19 (Annexation and Conversion), have been sold by the Declarant or by Builders to persons other than Builders 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. 3.15 "Dwelling" means and refers 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. 3.16 "Federal Mortgage Agencies" means those federalagencieswhich 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 P DX\ 128047\200909 \LAC\ 15452096 9 Yakima County Auditor File # 7910983 Page 4 of 65 3.17 "Foreclosure" means and includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement. 3.18 "First Mortgagee" means a lender who holds the first mortgage or deed of trust on a Lot and who has notified the Association in writing of its holdings. 3.19 "Governing Documents" means this Declaration and the Articles of Incorporation, Bylaws and Rules and Regulations of the Association, all as may be amended from time to time. 3.20 "Institutional Holder" means a mortgagee 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. 3.21 "Lot" means and refers to any plot of land shown upon any recorded final plat of the Project, excluding Common Areas. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on such Lot. "Lot" shall not include any land shown on the final plat but dedicated to the public or to a governmental entity. 3.22 "Majority" means and refers to more than 50 percent (50%) of the Owners eligible to vote. 3.23 "Manager" means and refers to the person or entity appointed, hired or contracted by the Association to manage and operate the Property. 3.24 "Mortgage" shall include, except where stated to the contrary herein, a mortgage, deed of trust, real estate contract, or other security instrument. 3.25 "Occupant" means and refers 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 the Person's heirs, personal representatives, successors and assigns. 3.26 "Owner" means 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. 3.27 "Project" means any real property (including any improvements and structures thereon) as are now or hereafter subjected to this Declaration and brought within the jurisdiction of the Association. Initially, the Project is comprised of Phase 1. The Project shall also include any additional property, including all or any portion of the Property or other property not described in this Declaration, subsequently annexed to and made a part of the Project from time to time by the recording of appropriate amendment(s) to this Declaration in accordance with Article 19. 3.28 "Property" or "Community" means the entire real property developments subject to this Declaration. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS I'DX\ 128047\200909 \LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 5 of 65 Page 4 3.29 "Reserve Account" means the financial reserves established through the Association's budgeting process for common elements that will normally require major maintenance, repair, or replacement, in whole or in part, within thirty (30) years, provided, however, that the Reserve Account need not include items that could reasonably be funded from Base Assessments or Specific Assessments or other funds or accounts of the Association, or items for which the Owners (and not the Association) are responsible for maintenance, repair and replacement under the terms of the Governing Documents. 3.30 "Reserve Account Assessments" shall mean assessments established pursuant to the terms of Section 7.5.3. 3.31 "Rules and Regulations" shall mean the rules and regulations adopted by the Association from time to time in accordance with the Bylaws. 3.32 "Special Assessments" means any special charges established pursuant to the terms of Section 7.6. 3.33 "Specific Assessments" means the charges imposed upon some, but less than, all Lots for services rendered or expenses incurred pursuant to Section 7.7. 3.34 "Use Restrictions" means and refer to the rules and use restrictions set forth in this Declaration as they may be modified, amended, repealed, limited, withdrawn or expanded. ARTICLE 4 DEVELOPMENT PERIOD 4.1 Development Period. During the Development Period the Declarant shall appoint the Board of Directors of the Association and the ACC and shall have the authority to remove and appoint members of the Board of Directors and the ACC. The Declarant may also appoint and remove members of the Association to/from 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 Owners as the Declarant determines. The Declarant may also enter into service agreements, franchise agreements and other contracts for the management of the Association and the provision of services for the Project. 4.2 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 all phases of development, to ensure an orderly transition of Association operations, and to facilitate the completion of construction of housing units. 4.3 Special Declarant and Builder Rights 4.3.1 So long as Declarant owns any Lot within the Project, Declarant shall have the right to construct and maintain upon portions of the Common Areas and any Lots owned by Declarant such facilities and activities as Declarant, in its sole opinion, may require or CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 6 of 65 desire in connection with the construction and sale of Dwellings and Lots within the Project, including (but not limited to) business and construction offices (within Dwellings or in free standing trailers); signs, banners and flags; model dwellings; and sales offices (within Dwellings or in free standing trailers), subject to compliance with governmental ordinances. Declarant shall also have easements for access to and use of the Common Areas for such facilities at no charge. 4.3.2 So long as a Builder owns any Lot within the Project, the Builder shall have the right to construct and maintain upon any Lot owned by the Builder such facilities and activities as the Builder reasonably requires or desires in connection with the construction and sale of Dwellings on Lots owned by the Builder, including (but not limited to) business and construction offices (within Dwellings or in free standing trailers); signs, banners and flags; model units; and sales offices (within Dwellings or in free standing trailers); PROVIDED all such facilities and activities shall be subject to the following: ACC approval pursuant to Article 8 below; rules and restrictions established by Declarant from time to time; and compliance with governmental ordinances. 4.4 Authority of Association After Development Period. At the expiration of the Development Period, the Association shall have the authority and obligation to manageuand 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 Declaration. At the expiration of the Development Period, 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. 4.5 Delegation of Authority. The Board of Directors or Declarant may delegate any of its managerial duties, powers, or functions to a Manager. 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. 4.6 Control of and Changes in Project Development. Every Owner, by acceptance of the deed to their Lot, acknowledges that the Project is a multi -phased planned community, the development of which is likely to extend over many years, and that changes in the plan will likely occur as the development of the Subdivision proceeds. EACH OWNER WAIVES THE RIGHT TO PROTEST, CHALLENGE OR OTHERWISE OBJECT TO CHANGES MADE OR PROPOSED BY DECLARANT IN THE DEVELOPMENT PLANS FOR THE PROJECT OR IN THE USES, DENSITY, BUILDING RESTRICTIONS, OR USE RESTRICTIONS APPLICABLE TO THE PROPERTY BEYOND THE BOUNDARIES OF THAT SHOWN ON THE RECORDED FINAL PLAT FOR THE PHASE WITHIN WHICH SUCH OWNER'S LOT IS LOCATED. The rights and limitations set forth in this Section 4.6 shall continue in effect until Declarant no longer owns any Lot within the Project. 4.7 Termination of Development Period. At the expiration of the Development Period, the Declarant may resign as a director of the Association and from any other committees for the duration of the development. Upon termination of the Development Period, the Declarant, in accordance with the Bylaws, shall conduct an election of a board of directors who CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 PDx\1280471200909\L.A(\] 5452096.9 Yakima County Auditor File # 7910983 Page 7 of 65 shall then act in accordance with the terms and provisions of the Articles of Incorporation, Bylaws and this Declaration. 4.8 Right to Transfer or Assign Declarant Rights. Any.or all of Declarant's special rights and obligations set forth in this Declaration or any other Governing Documents may be transferred in whole or in part by Declarant by written instrument executed and acknowledged by Declarant and recorded in the real property records for Yakima County, Washington. The foregoing sentence shall not preclude Declarant from permitting other persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to record any written assignment unless necessary to evidence Declarant's consent to such exercise. ARTICLE 5 ASSOCIATION 5.1 Membership. Every person or entity who is an Owner of any Lot agrees to be an Owner of the Association by acceptance of a deed for such Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All Owners shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. When more than one person holds an interest in any Lot, all such persons shall be Members. 5.2 Voting Rights. Owners shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. A Lot owned jointly by more than one individual or entity shall be entitled to only one vote per lot by the Owners cumulatively and not individually. The voting rights of any Owner may be suspended by the Board for any period during which an Assessment against the Owner's Lot remains unpaid or for a period during which an infraction of published Rules and Regulations against the Owner's Lot remains non- compliant, or for any other reason as may be provided in this Declaration or the Articles or Bylaws of the Association. Owners' votes may be solicited and tabulated by mail, facsimile or electronic transmission. 5.2.1 Definitions. (a) "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. (b) "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. (c) "Electronically transmitted" means the initiation of an electronic transmission. CATAI.YSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 PDX\ 128047\200909\LACI l 5452096.9 Yakima County Auditor File # 7910983 Page 8 of 65 (d) "Execute" includes, with respect to an electronic transmission, electronically transmitted along with sufficient information to determine the sender's identity. (e) "Record" means information inscribed on a tangible medium or contained in an electronic transmission. (f) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, on paper or on other tangible material. 5.2.2 Notice; Owner Consent. (a) Notice to Owners in an electronic transmission that otherwise complies with the requirements of this Declaration is effective only with respect to Owners who have consented either in writing or by electronic transmission to receive electronically transmitted notices. (i) 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. (ii) 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. (iii) 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. (b) 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. (c) 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 regarding how to obtain access to the posting on the electronic network. (d) 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 (60) days before the date of the meeting, by or at the direction of the CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 8 PDX\ 128047\200909\LAC\15452096.9 Yakima County Auditor File # 7910983 Page 9 of 65 President or the Secretary or the Officers or persons calling the meeting, to each Owner entitled to vote at such meeting. 5.2.3 Owner Voting. (a) An Owner may vote by electronic transmission. (b) 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. (c) Owners voting by electronic transmission are present for all purposes of quorum, count of votes, and percentages of total voting power present. (d) Whenever Directors are to be elected by Owners or proposals approved 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: Recorded telephone calls; Voice mail; Other electronic transmissions; and Tangible media. (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: CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 9 PDX\128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 10 of 65 (1) The transmission must contain or be accompanied by 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; (2) The Inspector shall specify the information the Inspector relied on in determining that a transmission was valid; and (3) 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. 5.2.4 Suspension of Voting Rights. In the event any Owner is in arrears in the payment of the Assessments due or in default of the performance of any of the terms of this Declaration, the Articles, Bylaws, Rules and Regulations or any other governing documents of the Association, the Owner'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 Owners as may be provided in the Articles, Bylaws, Declaration, or Rules and Regulations. 5.3 Bylaws of Association. Bylaws for the administration of the Association and the Project (and to further the intent of this Declaration) shall be adopted or amended by the Owners at a regular or special meeting; provided that the initial Bylaws shall be adopted by Declarant. The Bylaws shall provide which, if any, of the powers the Board or Association officers may delegate to other persons or to a managing agent. 5.4 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. 5.5 Management by Elected Board of Directors. The primary authority to manage the Association is hereby vested in a Board, which shall be elected from among the Owners upon expiration of the Development Period. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. Except as otherwise provided herein, decisions shall be determined by a majority vote of the directors entitled to vote. The Board may delegate all or any portion of its administrative duties to a managing agent or officer of the Association, in accordance with the provisions of the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members individuals to serve as President, Treasurer and Secretary. The term ()leach officer shall be one year. Officers may be elected to consecutive terms. 5.6 Authority and Duties of the Board. Subject to the Declarant's Rights under Article 4 (Development Period), the Board, on behalf of and acting for the Association, for the CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 10 PDX\ 128047\200909\LAC \ 15452096.9 Yakima County Auditor File # 7910983 Page 11 of 65 benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration, including but not limited to the following: 5.6.1 Assessments. Establish and collect regular Assessments (and to the extent necessary and permitted hereunder, special Assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair and replacement of those portions of the Common Areas or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above Assessments. 5.6.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board, including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Project, whether such personnel are employed directly by the Board or are furnished by the managing agent or management firm. 5.6.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility service, including utility easements and street lighting, as required for the Common Area. 5.6.4 Insurance. Obtain and pay for policies of insurance -or bonds providing: (a) Common Area casualty and liability coverage, and (b) Fidelity of Association officers and other employees. Insurance under clauses (a) and (b) shall be in accordance with the requirements set forth herein. 5.6.5 Common Area Maintenance/Repair. Pay the costs of painting, maintenance, repair and all landscaping and gardening work for the Common Areas and improvements located thereon so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of this Declaration. Replace and repair the furnishings and equipment for the Common Area as the Board shall determine are necessary and proper. 5.6.6 Maintenance of Rights of Way, Etc. To the extent deemed advisable by the Board, pay the costs of maintaining and landscaping rights of way, traffic islands and medians, or other similar areas which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided the Board at its option may require a Lot Owner at the Owner's expense to maintain and landscape such areas as are adjacent to such Owner's Lot. 5.6.7 Fences. To the extent deemed advisable by the Board, pay the cost of maintaining, repairing and replacing perimeter and interior fences, if any, and landscaping and improvements on easements, if any, which are located on or across Lots, provided, the Board at CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 11 I'DX\ 128047\200909\LAC\ 15452096.9 Yakima.Co un ty_AusiitQr File # 7910983 Page 12 of 65 its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.6.8 Lot and Lot Improvement Maintenance. In the event an Owner of any Lot or Home in the Project shall fail to maintain the premises and the improvements situated thereon in accordance with the provisions of this Declaration, the Association, after approval by two- thirds (2/3) vote of the Board, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and any other improvements erected thereon. The cost of such maintenance shall be added to and become part of the Assessment to which such Lot or Home is subject. 5.6.9 Lien/Encumbrance. The Board may pay any amount necessary to discharge any lien or encumbrance levied against the Common Areas or any part thereof which is claimed to or may, in the opinion of the Board, constitute a lien against the Common Areas, rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it, and any costs and expenses (including court costs and attorney fees) incurred by the Board by reason of such lien or liens shall be specially charged against the Owners and the Lots responsible to the extent of their responsibility. 5.6.10 Enforce Declaration. Enforce the applicable provisions of this Declaration for the management and control of the Project. 5.6.11 Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots. 5.6.12 Attorney -in -Fact. Each Owner, by the mere act of becoming an Owner, irrevocably appoints the Association as his attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, and to secure insurance proceeds. 5.6.13 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 5.6.14 Adoption of Rules and Regulation. When and to the extent deemed advisable by the Board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Articles and Bylaws and which treat all Owners fairly and on a non-discriminatory basis. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 PDX\128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 13 of 65 5.6.15 Additional Powers of Association. In addition to the duties and powers of the Association, as specified herein, and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purposes of this Declaration. ARTICLE 6 COMMON AREAS 6.1 Description of Common Areas. The following described tracts and easements are herein defined as Common Areas: 6.1.1 Entrance, monument and operable gates 6.1.2 Castlevale lighting and landscaping 6.1.3 Clubhouse (if constructed) 6.1.4 Streets and walkways 6.1.5 Road frontage improvements including street and walkway maintenance 6.1.6 Irrigation system 6.1.7 Utilities in Common Areas 6.1.8 Community mailboxes. 6.1.9 All perimeter fencing 6.1.10 Stormwater facility 6.2 Title To Common Areas. Declarant shall cause fee simple title to the Common Areas to be conveyed to the Association, free and clear of monetary liens, no later than the date of the expiration of the Development Period, and the Association shall unconditionally accept fee title to the Common Areas from Declarant on such date. 6.3 Private Streets. All streets designated on the recorded plat are Common Areas and privately managed and maintained. The streets do not meet the standards under the City of Yakima public street system as of the date of recording the plat. In order for the City of Yakima to accept a dedication of the streets as public streets, the streets must be constructed to such standards at the expense of the Declarant during the Development Period or the Association thereafter. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 13 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 14 of 65 6.4 Owner's Use of Common Areas. 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: 6.4.1 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. 6.4.2 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 sixty-seven percent (67%) of the Owners and recorded in the Official Records of Yakima County, Washington. Notwithstanding the foregoing, 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 Owners of the Association as set forth herein. 6.4.3 The right of the Association to suspend the right to the use of Common Areas by any Owner (including the Owner's family members, guests or tenants) for any period during which an assessment against the Owner's Lot remains unpaid or for a period during which an infraction of published rules and regulations against the Owner's Lot remains non- compl iant. 6.4.4 The right of the Association to charge reasonable fees for the improvement, repair, or maintenance of improvements situated upon the Common Areas. 6.5 Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Areas and facilities to the members of the Owner's family, tenants, or guests, subject to the limitations set forth in this Declaration and in the Bylaws and rules and regulations. 6.6 Association to Maintain. The Association shall maintain the Common Areas and Common Area Facilities, which shall be paid for through Assessments as provided in Section 7.6 below. The Association may enter into contracts for the maintenance and repair of any area or facility to be maintained by the Association. The Association's maintenance obligations shall include the following: 6.6.1 The private roads and walkways for purposes of ingress, egress and utilities described as storm water management system of the Property. 6.6.2 Landscaping to include Castlevale Road frontage, street rights-of-way and entrance areas. 6.6.3 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 PDX\ 128047\200909 \LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 15 of 65 6.6.4 Landscaping and any improvements in the Common Areas or on easements for the benefit of all Owners such as the entrance monument and gates/entrance area, the irrigation or sprinkling systems serving the Common Areas as constructed by the Declarant, the mailbox designated area, and any street lighting, sidewalks, curbs, park amenities, mailboxes, parking areas and gutters or similar facilities constructed by the Declarant. 6.6.5 All perimeter fencing constructed by the Declarant. 6.6.6 The front yard death Lot after a residence has been constructed thereon. 6.6.7 The Clubhouse (if any), after the completion of all Phases. 6.6.8 The cost of all utilities, including electrical and water which are serving and maintaining the Common Areas. 6.6.9 The costs of liability and casualty insurance as required by Section 13.1 below. 6.6.10 Any other expense which shall be designated as a Common Area expense in the Declaration or which shall be designated as a homeowner's expense as a requirement for plat approval or may be designated as a Common Area expense from time to time by the Association. 6.6.11 The Association shall repair any damage to the individual Lots resulting from defects in the Common Areas. 6.7 Delegation to Manager. The Board of Directors may delegate any of its managerial duties, powers or functions to a Manager, provided that any management agreement shall be terminable by the Association for cause upon thirty (30) days' written notice, and the term of any such agreement may not exceed one year provided that, after Board review and by agreement of the parties, it may be renewed 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. 6.8 Extraordinary Use Expenses. If damage to any Common Areas or Common Area Facility is directly attributable to an Owner or the family members, invitee, tenant, or guest of an Owner, then that Owner shall repair such damage or destruction upon demand by the Association at such Owner's sole expense and without a right of reimbursement. If an Owner fails to repair such damage timely, the Association shall have all rights of enforcement and remedies set forth under this Declaration. 6.9 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 be 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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 P DX\ 128047 \200909 \LAC\15452096.9 Yakima County Auditor File # 7910983 Page 16 of 65 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 fmal 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. In the event any Builder or Owner does not pay the same within fourteen (14) days of written 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. Notwithstanding of any other provision in this Declaration to the contrary, this paragraph can only be amended by Declarant during the Development Period. 6.10 Maintenance of Storm Drain System. All Builders or Owners shall prevent any deleterious 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 of a violation of this Section 6.10, the responsible Builder or Owner shall pay a maintenance charge to the Association (or Declarant if during the Development Period) in an amount to be determined by the Association (or Declarant) but not to exceed $500.00 for each such violation by a Builder or Owner. In addition, each Builder or Owner agrees to reimburse the Association (or Declarant) from any costs or charges incurred in connection with the cleaning and maintenance of the storm water system as a result of any violation of this Section. Further, the responsible Builder or Owner shall indemnify, defend and hold harmless the Association (or Declarant) from any and all claims, penalties or liabilities that may be brought by any regulatory agency, municipality, or other third party. If more than one Builder or Owner is responsible for such claims, penalties or liabilities, each shall be jointly and severally liable to the Association (or Declarant). Any Builder or Owner who violates the provisions of this paragraph shall reimburse the Declarant within fourteen (14) days of written request for any expenses incurred by the Association (or Declarant). In the event any Builder or Owner fails to timely pay the same upon demand, then the Association (or 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. Notwithstanding any other provision in this Declaration to the contrary, this paragraph can only be amended by Declarant during the Development Period. 6.11 Street Trees. The Association shall maintain trees planted by the Declarant either within the street right-of-way or on Lots as a condition for obtaining final plat approval. In the event any such tree is removed or damaged, the Association shall immediately replace the tree or reimburse the Declarant for the cost of replacing such tree. Notwithstanding any other provision in this Declaration to the contrary, this paragraph can only be amended by Declarant during the Development Period. 6.12 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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 FDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 17 of 65 prior written consent of the Board. 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. 6.13 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 Areas except that community improvements may be constructed if sixty-seven percent (67%) of Owners approve: (a) the construction of such improvements; and (b) assessment for such improvements. Also, any such improvements shall be subject to all permits issued by applicable governmental agencies. This Section 6.13 shall not limit or prohibit Declarant (no Owner's consent shall be necessary) during the Development Period from constructing or altering any such improvements to any common area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of the Common Areas. 6.14 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 or 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. 6.15 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 or to landscaping of front or side yards of Lots extending to the edge of the curb or sidewalk. This section shall not prohibit the Association, after the Development Period, from installing the following: 6.15.1 Additional improvements or landscaping within the designated Common Areas. 6.15.2 Fences as may be otherwise allowed in this Declaration. 6.15.3 Landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. 6.16 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 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 agreementprovides for any other specific termination.) The term of any such agreement shall not exceed one year, but the term may be renewed annually by the Board in its sole discretion. Each owner is bound to CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 17 PDX1128047\20090911.AC\ 15452096.9 Yakima County Auditor File # 7910983 Page 18 of 65 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. ARTICLE 7 ASSOCIATION FINANCES & ASSESSMENTS 7.1 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. Assessments as provided for herein shall be paid on a regular or periodic basis as determined by the Board of Directors. 7.2 Association's Annual Budget. At least sixty (60) days before the beginning of each year, the Board shall prepare a budget of the estimated expenses of the Association for the coming year. The estimated expenses in the budget of the Association shall include the estimated operating expenses of the Association, an operating reserve (at the discretion of the Board), and a contribution to the Reserve Account determined in accordance with the terms of Section 7.5 below. The budget shall also reflect the sources and estimated amounts of funds needed to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots, and the amount estimated to be generated through the levy of assessments against Lots. Finally, the budget shall differentiate between expenses applicable to all Lots versus expenses applicable to some, but not all, Lots. 7.2.1 Estimated operating expenses and Reserve Account Assessments applicable to all Lots shall be allocated among such Lots as Base Assessments pursuant to Section 7.3 below, while estimated operating expenses and Reserve Account Assessments applicable to some, but not all Lots, shall be allocated among the affected Lots as Specific Assessments pursuant to Section 7.7 below. 7.2.2 Within thirty (30) days after adopting the annual budget, the Board shall set a date for a meeting of the Owners to consider ratification of the budget and send notice of such meeting to the Owners in accordance with the Bylaws. Such notice shall include a summary of the budget consistent with RCW 64.38.025(4), including: (a) The current amount of annual Base Assessments budgeted for contribution to the Reserve Account (as defined in Section 7.5 below), the recommended contribution rate from the Reserve Study (as defined in Section 7.5 below), and the funding plan upon which the recommended Reserve Account Assessments (as defined in Section 7.5.3 below below) is based; CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 18 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 19 of 65 (b) If additional Base Assessments, Special Assessments or Specific Assessments are scheduled to be imposed, the date such assessments are due, the amount of the assessments per each owner per month or year, and the purpose of the assessments; (c) Based upon the most recent Reserve Study and other information, whether currently projected Reserve Account balances will be sufficient at the end of each fiscal year to meet the Association's obligation for major maintenance, repair, or replacement of reserve components during the next thirty (30) years; (d) If Reserve Account balances are not projected to be sufficient, what additional Reserve Account Assessments or Special Assessments may be necessary to ensure that sufficient Reserve Account funds will be available each year during the next thirty (30) years, the approximate dates such assessments may be due, and the amount of the Reserve Account Assessments or Special Assessments per Owner per month or year; (e) The estimated amount recommended in the Reserve Account at the end of the current fiscal year based on the most recent Reserve Study, the projected Reserve Account cash balance at the end of the current fiscal year, and the percent funded at the date of the latest Reserve Study; (f) The estimated amount recommended in the Reserve Account based upon the most recent Reserve Study at the end of each of the next five (5) fiscal years, the projected Reserve Account cash balance in each of those years, and the projected percent funded for each of those years; and (g) If the funding plan approved by the Association is implemented, the projected Reserve Account cash balance in each of the next five (5) fiscal years and the percent funded for each of those years. 7.2.3 Unless the Owners holding a majority of the votes in the Association vote to reject the budget, the budget is ratified, whether or not a quorum is present at the meeting. If the Board fails to adopt a budget or if the Owners vote to reject the budget, then the last adopted and ratified budget for the Association shall continue in effect until a new budget is approved by the Board and ratified by the Owners. 7.2.4 The Board may revise the budget and adjust the assessments levied pursuant thereto from time to time during the year, subject to the same notice and ratification procedures set forth above. 7.3 Initial Assessments. At the closing on the initial sale of a Lot to an Owner other than Declarant or a Builder, the Owner shall make a one-time working capital contribution to the Association in the amount of Three Hundred Dollars ($300). 7.4 Base Assessments. 7.4.1 Upon determining the total amount of income required to be generated through the levy of Base Assessments as provided in Section 7.2 above, the Association shall CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 19 PDx\ 128047 \ 200909 \LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 20 of 65 allocate such amount equally among all Lots subject to assessment (as determined by Section 7.8 below) on the effective date of the budget. The amount allocated to each Lot shall then be levied as a Base Assessment. 7.4.2. Declarant may, but is not obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy, which may be either a contribution, an advance against future assessments due from Declarant (if any), or a loan, as determined by Declarant in its sole discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise, provided in a written agreement between the Association and Declarant. 7.4.3 Declarant may increase the Base Assessment as set forth above may be increased during the Development Period to reflect (1) maintenance costs; (2) repaid costs; or (3) plat management costs. All increases during the Development Period must directly reflect increases 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. 7.5 Replacement Reserve Assessments. 7.5.1 As a part of any Annual Assessment, the Board shall obtain from Owners contributions for a Reserve Account established for all items of property included within the Common Areas which will normally require major maintenance, repair or replacement, in whole or in part, within thirty (30) years; provided, however, that the Reserve Account need not include items that could reasonably be funded from Base Assessments or Specific Assessments or other funds or accounts of the Association, or items for which the Owners (and not the Association) are responsible for maintenance, repair and replacement under the terms ° of the Governing Documents. 7.5.2 The Declarant shall conduct an initial reserve study (a "Reserve Study") to determine the Reserve Account requirements. The Reserve Study shall comply with the requirements of RCW 64.38.070 and include: (a) A reserve component list, including any reserve component that would cost more than one percent (1%) of the annual budget of the Association not including the Reserve Account, for major maintenance, repair, or replacement. If one of these reserve components is not included in the Reserve Study, the Reserve Study should provide commentary explaining the basis for its exclusion. The study must also include quantities and estimates for the useful life of each reserve component, remaining useful life of each reserve component, and current major maintenance, repair, or replacement cost for each reserve component; (b) The date of the Reserve Study, and a statement that the Reserve Study meets the requirements of RCW 64.38.070; (c) One of the following designed levels for Reserve Study performed: CATAI YSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 20 P DX\ l 2804 71200909\ LAC \ 15452096 9 Yakima County Auditor File # 7910983 Page 21 of 65 (d) (e) Account is funded; (f) (g) (h) baseline funding plan; (i) Level I: Full Reserve Study funding analysis and plan; (ii) Level II: Update with visual site inspection; or (iii) Level III: Update with no visual site inspection. The Association's Reserve Account balance; The percentage of the fully funded balance that the Reserve Special Assessments already implemented or planned; Interest and inflation assumptions; Current Reserve Account Assessments for a full funding plan and (i) Reserve Account Assessments for a full funding plan to achieve one hundred percent (100%) fully funded reserves by the end of the 30 -year study period, baseline Reserve Account Assessments to maintain the Reserve Account balance above zero throughout the 30 -year study period without Special Assessments, and Reserve Account Assessments recommended by the reserve study professional; (j) A projected Reserve Account balance for thirty (30) years and a funding plan to pay for projected costs from that Reserve Account balance without reliance on future unplanned Special Assessments; (k) A statement on whether the Reserve Study was prepared with the assistance of a reserve study professional; and (1) The following disclosure: "This reserve study should be reviewed carefully. It may not include all common and limited common element components that will require major maintenance, repair, or replacement in future years, and may not include regular contributions to a reserve account for the cost of such maintenance, repair, or replacement. The failure to include a component in a reserve study, or to provide contributions to a reserve account for a component, may, under some circumstances, require you to pay on demand as a special assessment your share of common expenses for the cost o_ f major maintenance, repair, or replacement ofa reserve component." (m) every three (3) years. The Board shall thereafter conduct a Reserve Study at least once 7.5.3 Contributions to the Reserve Account ("Reserve Account Assessments") shall be in an amount (i) initially determined by Declarant based upon the results of the initial Reserve Study and (ii) thereafter by the Board from time to time based on the results of the most recent Reserve Study. Reserve Account Assessments shall be allocated to Lots pursuant to CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 21 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 22 of 65 Section 7.3 (Base Assessments) and Section 7.7 (Specific Assessments) of this Declaration, as applicable, and shall be paid to the Association monthly, quarterly or annually as determined by the Board. 7.5.4 Reserve Account Assessments paid into the Reserve Account are the property of the Association and are not refundable to sellers or Owners of Lots. The Reserve Account must be a separate account holding only Reserve Account Assessments and other funds intended to be used for the same purpose maintained a federally insured bank or other depository institution with branches in Washington, and any funds in the Reserve Account may be expended only for the purposes for which the Reserve Account was established as described above. 7.5.5 Upon termination of the Development Period, the Board may withdraw funds from the Reserve Account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components if the Board record any such withdrawal in the minute books of the Association, causes notice of any such withdrawal to be hand delivered or sent prepaid by first-class United States mail to the mailing address of each Owner, and adopts a repayment schedule not to exceed twenty-four (24) months, unless the Board determines that repayment within twenty-four (24) months would impose an unreasonable burden on the Owners. Payment for major maintenance, repair, or replacement of the reserve components out of cycle with the Reserve Study projections or not included in the Reserve Study may be made from the Reserve Account without meeting the notification or repayment requirements under this Section. 7.5.6 At any time after the second (2nd) year after the termination of the Development Period, future replacement reserve assessments for the Reserve Account may be increased or reduced by the vote of Owners of Lots representing sixty-seven percent (67%) of the Owners. 7.5.7 Nothing in this Section 7.5 prohibits the prudent investment of Reserve Account funds, subject to any constraints imposed by the Board or the Governing Documents. 7.6 Special Assessments. 7.6.1 In addition to the Base Assessments authorized above, the Board may levy "Special Assessments" against an Owner or all Owners in the following manner for the following purposes: (i) To correct a deficit in the operating budget, by vote of a majority of the Board; (ii) To collect additional amounts necessary to make repairs or renovations to the Common Areas or Common Area Facilities if sufficient funds are not available from the operating budget or Reserve Account, by vote of a majority of the Board; and (iii) To make capital acquisitions, additions or improvements, by vote of Owners holding at least sixty-seven percent (67%) of the voting rights of the Association; CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 PDX\ 128047\200909 \LAC\15452096.9 Yakima County Auditor File # 7910983 Page 23 of 65 (iv) To repair or replacement of existing Common Areas or Common Area Facilities, by approval of a majority of the Owners eligible to vote. 7.6.2 Special Assessments shall be imposed against all Lots in the same proportion as Base Assessments as provided in Section 7.3 above. 7.6.3 Declarant shall not be obligated to pay any Special Assessments on its unimproved Lots. 7.6.4 Special 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. 7.7 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, family, occupants, guests; or (iv) necessary to bring the Lot into compliance with this Declaration, the Articles, the Bylaws or Rules and Regulations. Specific Assessments may be levied under (iii) and (iv) above only after notice to the applicable Owners and an opportunity for a hearing before the Board or its duly appointed representative. 7.8 Commencement of Assessments. 7.8.1 Base Assessments and Specific Assessments. Declarant shall pay all operating expenses of the Association until Declarant elects to assess the Lots for Base Assessments and Specific Assessments as provided herein. The date of commencement of Base Assessments and Specific Assessments on the Lots (excluding any Lots owned by Declarant or a Builder, which shall be exempt as provided below) shall be determined by Declarant. 7.8.2 Exemption. Any Lot owned by Declarant or a Builder is exempt from the payment of Base Assessments and Specific Assessments. Base Assessments and Specific Assessments shall commence as to a Lot owned by Declarant or a Builder on the date the Lot is conveyed to an Owner other than Declarant or a Builder. 7.8.3 Reserve Account Assessments. Reserve Account Assessments commence as to a Lot as of the date Declarant or a Builder conveys the Lot to an Owner other than Declarant or a Builder. Declarant and Builders are exempt from the payment of Reserve Account Assessments. 7.8.4 All Other Assessments. Special Assessments and Initial Assessments shall commence as to a Lot as of the date Declarant or a Builder conveys the Lot to an Owner other than Declarant or a Builder. Declarant and Builders are exempt from the payment of Special Assessments and Initial Assessments. 7.9 Obligation for Assessments. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 23 P DX\ 12804 7\200909\LAC\ l 5 452096.9 Yakima County Auditor File # 7910983 Page 24 of 65 7.9.1 Personal Liability. Each Owner, by accepting a deed for his, her or their Lot, is deemed to covenant and agree to pay all assessments authorized in this Declaration or other Governing Documents. All assessments, together with interest, fines and late charges as determined by Board resolution, and collection costs (including reasonable attorneys' fees), shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. The Association may sue any person liable for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 7.9.2 Non -Waiver. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification or release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Annual Assessments on the basis of the last year for which an assessment was made, if any, until a new budget becomes effective and a new assessment is levied pursuant thereto. Any such budget may include as an expense item any shortfall in amounts previously collected. 7.9.3 No Exemption or Set -Off. No Owner may exempt himself from liability for assessments by non-use of the Common Areas, abandonment of his or her Lot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. 7.10 Lien for Assessments. 7.10.1 Liens. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, fines and late charges as determined by Board resolution, and collection costs (including reasonable attorneys' fees). Such lien shall be superior to all other liens, except (a) liens for real estate taxes and assessments and other levies which by law would be superior; and (b) the lien of any recorded first mortgage made in good faith and for value. Such lien, when delinquent, may be foreclosed in the same manner as a construction lien or as otherwise provided by applicable law after the Association records a notice of lien against the delinquent Lot in the Official Records of Yakima County, Washington. 7.10.2 Association Bid. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessments shall be levied on it; and (c) each other Lot shall be charged, in addition to usual assessments, its pro rata share of the assessments that would have been charged to such Lot had it not been acquired by the Association. 7.10.3 Effect of Conveyance and Foreclosure. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 24 PDx\ 128047\200909\LAC\ 15452096 9 Yakima County Auditor File # 7910983 Page 25 of 65 However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or a deed in lieu of foreclosure for the benefit of any first mortgagee shall extinguish the lien of such assessments on the Lot as to payments which became due prior to the sale or transfer. The unpaid assessments shall then become common expenses of all Owners, including the first mortgagee and any purchaser at the foreclosure sale or from a first mortgagee. No sale or transfer of any Lot pursuant to foreclosure of a first mortgage or a deed in lieu of foreclosure for the benefit of any first mortgagee shall relieve such Lot from liability as to any assessments thereafter becoming due or from the lien thereof. Notwithstanding the foregoing, no sale or transfer of any Lot pursuant to a mortgage foreclosure or a deed in lieu of foreclosure for the benefit of any first mortgagee shall be deemed to extinguish any mortgage or lien which the Association has itself placed upon any property owned by the Association. 7.11 Enforcement of Assessments. 7.11.1 Late Fees. The Board, in its reasonable discretion, may from time to time adopt resolutions to set the terms and conditions of a collections policy in compliance with Fair Credit Regulations. If any assessment is not paid within ten (10) days after its due date, the assessment shall bear interest from such date at twelve percent (12%) per year 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 asprovided 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 Owner hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Owner 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, and such Owner 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 at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. 7.11.2 Fines. Any fines levied by the Association as established by the Board pursuant to Chapter 64.38 Revised Code of Washington (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 for the collection of assessments; however, that fmes (but not interest or late fees) for violatiomof this Declaration or other Governing Documents may not be imposed against an Owner or such Owner's Lot until the Owner is given an opportunity for a hearing. The Association reserves the right to apply payments received by an Owner first to late charges and accrued interest for late payments, second to unpaid fines and third to Assessments then due. • 7.11.3 Acceleration of Assessments. If an Owner is delinquent in payment of any assessment or installment on any Assessment, the Association, on not less than ten (10) days' written notice to the Owner, may accelerate the due date of the full annual assessment for that fiscal year and all future installments of any Special Assessments. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 25 I'DX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 26 of 65 7.11.4 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 7. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its reasonable attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. 7.12 Certificate of Payment. The Declarant, during the Development Period, and the Board after the Development Period 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. 7.13 Reallocation Upon Annexation of Additional Property. When Additional Property is annexed to the Project pursuant to Article 19 (Annexation and Conversion), the Association shall, within sixty (60) days after the annexation, recompute the budget for the Association based on the additional Lots, Common Areas and Common Area Facilities, and recompute all applicable assessments for each Lot. Newly annexed Lots shall be subject to assessment from the time of annexation of the Lots to the Project, unless a later date is provided elsewhere in this Article 7 (e.g., Lots owned -by Declarant or a Builder, which are generally exempt from assessments). The Association shall send notice of any applicable assessment to the Owners of newly annexed Lots not later than sixty (60) days after the annexation or with the next occurring Annual Assessment, whichever is sooner. Assessments shall be due and payable on or before a date set forth in the notice, which shall be not less than thirty (30) days after the date the notice is mailed to the new Owners or at such other time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. If additional property is annexed to the Project during the Association's fiscal year, the Association shall send notice of the recomputed assessment and any additional assessments owed to the Owners of the Lots which were within the Project prior to the annexation, and the Association shall collect such recomputed additional assessments from such Owners. Notice of the adjustment in the assessments shall be sent to such Owners not later than sixty (60) days after the annexation or with the next occurring Annual Assessment, whichever is sooner. To the extent that any adjustment results in a credit with respect to assessments payable by an Owner, such credit shall be applied toward the next occurring payment or payments of the applicable assessment. ARTICLE 8 ARCHITECTURAL CONTROL 8.1 Appointment. The Architectural Control Committee (the "ACC") shall consist of no 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 during the Development Period. Thereafter, the members of the ACC shall be appointed by the Board. 8.2 Duties. The ACC shall have the authority to review and act upon Owners' proposals to construct, alter or modify any structure or landscaping on the Property and to CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 26 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 27 of 65 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. 8.3 Adoption of Design Guidelines. The ACC shall have the authority to adopt and amend "Design Guidelines" to be applied in its review of plans and specifications in order to further the intents and purposes of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be provided to all Owners. 8.4 Procedures for ACC Approval. 8.4.1 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. (a) The construction or erection of any building, fence, wall or other structure, swimming pool or hot tub, including the installation, erection, or construction of any solar collection device. (b) Exterior colors. (c) The remodeling, repainting, reconstruction, or alteration of any road, driveway or other structure. (d) The landscaping plan for any Lot. (e) The grading and drainage 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 changesin or deviations from the approved plans and specifications shall be made without the prior written approval of the ACC. 8.4.2 ACC Review. 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, exterior wall, or other structure shall include building elevation plans, a detailed site plan, the exterior color scheme, proposed outdoor lighting, proposed landscaping, and shall show and otherwise identify any special needs or conditions which may 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 a Lot shall include a landscaping plan. (b) 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, CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 27 PDx\ 128047\200909\LAC\015452096.9 Yakima County Auditor File # 7910983 Page 28 of 65 disapprove, or require further information or changes within thirty (30) business days from the date the completed plans and specifications are submitted to the ACC. 8.4.3 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 Rules and Regulations, or Design Guidelines. 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 privacy. 8.4.4 Conformity with Approved Plans. It shall be the responsibility of the ACC to determine that work has been completed in accordance with the plans as submitted and approved. Such determination must be made within sixty (60) days of the completion of the work. If the ACC shall determine that the work 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 thirty (30) days, shall either remove or bring the work into compliance with the plans and specifications as approved or take such other steps as the ACC shall designate. 8.4.5 Submission of Plans. Before the initiation of construction of any improvement upon any Lot, the Owner thereof shall first submit to the ACC a complete set of plans and specifications for the proposed improvements. Plans shall include elevation drawings, design plans, specifications of materials and exterior colors, and any other information deemed necessary by the ACC for the performance of its function pursuant to the procedure outlined in the Design Guidelines. In addition, the Owner shall submit the identity of the individual or company intended to perform the work and projected commencement and completion dates. 8.4.6 Plan Review Fees. The ACC may employ engineers, architects, and other professionals to review plans and take other actions as designated by the ACC. In such event, the Owner shall be responsible for reimbursement of customary fees incurred by the ACC for such professionals as a condition for ACC approval. 8.4.7 Approval Not Required for Declarant. 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. 8.5 Meeting; Compensation. The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actions taken at the meetings or otherwise. Unless authorized by the Board, 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 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 28 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 29 of 65 8.6 Limited Review; Nonwaiver. Any review made by the ACC is limited to compliance with the intent of the Declaration and Design Guidelines adopted by the ACC . The review and approval made by the ACC is not to be construed as superseding, replacing, or modifying any review, approval, or permit required by any local, state or federal jurisdictional agencies. It is the applicant's responsibility to obtain and comply with any permits that may be required by any local, state, or federal jurisdictional agency. Actions by the ACC approving or disapproving of any plans, drawings or specifications shall not be a waiver of the right of the ACC to approve or disapprove any similar plan, drawing, or specification. 8.7 Immunity of ACC Owners. 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 and without malice on a matter submitted to the ACC for the approval or disapproval of any such matter. The Association shall defend any action brought against the ACC or any member thereof arising from acts or omissions of the ACC committed in good faith and without malice. 8.8 General Architectural Control Provisions. 8.8.1 Building Materials. (a) All Dwellings constructed on a 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 Dwellings within the Property and whether the material would add to the attractive development of the Property. (b) The exterior of all improvements on any Lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings and landscaping within the Property. 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. In all cases, Owners shall obtain approval from the ACC to change the exterior colors or materials of any structure on the Property. 8.8.2 Roofs. Roofing materials shall be of a minimum of a 30 -year warranty in such color and style as may be approved by the ACC in its discretion. 8.8.3 Siding. The siding shall be of a Hardi lap siding, stone, stucco, tile, or such other material as may be approved by the ACC. 8.8.4 Dwelling Size. On each Lot within the Property, the Dwelling shall not be less than 1,200 square feet, exclusive of one story open porches and garages. No Dwelling shall exceed three stories in height and garages shall not be constructed for more than three cars. No CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RES I'RICTIONS Page 29 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 30 of 65 more than one Dwelling shall be constructed on any one Lot. Accessory Dwellings (whether attached or detached) are prohibited. 8.8.5 Patio Construction Materials. A patio at side or rear of the home may be constructed of concrete, wood, or pavers upon prior approval by the ACC. 8.8.6 Fences. Except for fences constructed by the Declarant, unless approved by the ACC, no fences are permitted on the side property lines within twenty-five (25) feet of the front property line; in no event may such side -yard fence extend beyond the front wall (facade) of the Dwelling (including the garage). Except for corner lots or panhandle lots, no fence may be allowed between the front lot line and the front wall (facade) of the primary residence, including the garage. For corner lots or panhandle lots, fencing closer to the front property line than as otherwise allowed in the section may be approved by the ACC. 8.9 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 ACC plan check approval as required by this Declaration. 8.10 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. 8.11 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. 8.12 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 the master set of plan is 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. 8.13 Work Hours. No exterior work, including delivery of materials or equipment, which would cause noise or other disturbance, may begin before 7:00 a.m. or occur after 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 30 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 31 of 65 ARTICLE 9 EASEMENTS 9.1 Plat Easements. 'The Property shall be subject to all easements delineated on the final plat. Each Owner shall has have a non-exclusive right and easement, in common with all Owners, of use enjoyment of all roads designated in the plat. 9.2 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: 9.2.1 The maintenance of front yards of lots as set forth in this Declaration. 9.2.2 The maintenance, repair, replacement, of any Association improvement in any easement accessible from that Lot. 9.2.3 Emergency repairs necessary to prevent damage to the easement or to another Lot or the improvements thereon. 9.2.4 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. 9.3 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. 9.4 Utility Easements. 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 Lots shall be limited to drainage and access and to utilities that benefit only the Lots within the Project 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 Lots 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 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 except as to utility improvements located therein which are the responsibility of the utility entity owning, installing, or being responsible for such improvements. 9.5 Special Declarant Easements. CATALYSS DECLARATION OF COVENANTS, CONDff1ONs AND RESTRICTIONS Page 31 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 32 of 65 9.5.1 Project Utility Easements. Declarant reserves for itself and the Association, for the benefit of the Property and any Additional Property, perpetual, nonexclusive blanket easements upon, across, over and under the Property and any additional property annexed into the Project for purposes of ingress, egress, installation, maintenance, repair and replacement of utilities and infrastructure; cable and other systems for sending and receiving data and/or other electronic,signals; security and similar systems; walkways, pathways and trails; storm water drainage systems; irrigation systems; sanitary sewer systems; street lights; signage; and entry features; provided, however, that the exercise of these easements does not unreasonably interfere with the use of any Lot. Declarant further reserves for itself and the Association the right to grant the benefit of any such easements to the local municipal governmental body and other utility service providers. 9.5.2 Common Area Easements. Declarant reserves for itself and its duly authorized agents, successors and assigns, perpetual, nonexclusive easements on, over and across the Common Areas for purposes of (a) constructing,and maintaining such facilities and activities as Declarant, in its sole discretion, deems necessary or convenient to the sale of Lots and Dwellings, including, but not limited to, business offices, signs, model units and sales offices; (b) constructing and maintaining Common Areas, including any structures thereon; and (c) storing materials and making such other use thereof as Declarant, in its sole discretion, deems necessary or convenient to the construction of Dwellings and other structures on the Property or Project (provided that no such storage or other use shall unreasonably interfere with access to, or the use, occupancy and enjoyment of any Lot). Declarant shall also have easements for access to and use of the Common Areas for such facilities at no charge. 9.5.3 Reserved Declarant Rights. Declarant also reserves for itself and the Association the nonexclusive right and power to grant and record such specific easements over the Property and Additional Property as may be necessary, in the sole discretion of Declarant or the Association, to exercise the rights and easements granted by the preceding paragraph. The Owner of any Lot to. be burdened by any easement granted pursuant to this Section 9.5 shall be given advance written notice of the grant, and the location of the easement on such Lot shall be subject to the written approval of the Owner (which shall not be unreasonably withheld, delayed or conditioned); provided, however, that an Owner shall be deemed to have consented to the location of an easement on his or her Lot if the Owner has not responded to a written request within thirty (30) days after such request was mailed to the Owner's address on record with the Association. ARTICLE 10 RECREATION FACILITIES 10.1 Clubhouse (if constructed). Any clubhouse facility is provided for the Owners' use and enjoyment subject to rules and regulations as determined by the Board. Declarant will lease the clubhouse to the Association during the Development Period. Upon termination of the Development Period, Declarant will transfer ownership of the clubhouse facility to the CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 32 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 33 of 65 Association and the clubhouse facility will become part of the Common Area. The Board may appoint a manager who will keep a schedule of all events requiring the use of the clubhouse. 10.2 Clubhouse Private Function Signup. Any owner may request to use the clubhouse for a private function through the manager and complete a "Social Use of Clubhouse Facilities Agreement." The Owner 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. 10.3 Clubhouse or Common Areas Closures. The Common Areas and clubhouse, if any, may be closed from time to time for maintenance or for a scheduled private function. 10.4 Clubhouse Heating/Cooling. Air conditioning and/or heating of the clubhouse may not be operated on a constant basis, consistent with energy conservation requirements. 10.5 Responsibility for Personal Behavior. Whether participating in a community or private function, Owners using the clubhouse or other recreational facilities within the Project are responsible for their behavior and that of their guests, including but not limited to, responsible consumption of alcoholic beverages. In no event shall the Association, its directors, officers or agents be liable for any injury suffered by an Owner or its guests unless caused by the sole negligence or malicious conduct of the Association, its directors, officers or agents. 10.6 Use of Clubhouse by Guests. If a clubhouse is provided, 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. ARTICLE II PERMITTED AND PROHIBITED USES 11.1 All Guests. Any guest staying longer than fifteen (15) days in any 60 -day period must register with the Board. Visits cannot exceed sixty (60) days per year. 11.2 Live -In Care Provider. Exceptions. to Section 11.1 above will be made for live-in care providers. Prior to allowing a live-in care provider to move into a resident's home, resident must provide the Association with the following: (a) Written proof that the care provider is over eighteen (18) years of age. (b) A copy of the resident's approved plan of treatment. (c) A copy of resident's physician's written order for the plan of treatment. (d) The live-in care provider must execute a live-in Care Provider Agreement and must comply with the Rules and Regulations of the Association. The CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909'LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 34 of 65 Page 33 live-in care provider is not an Owner of the Association and has no rights of Membership. 11.3 Overnight Guests During Owner Absence. If the Owner is absent, no guest may stay overnight in an Owner's home without notifying the Association by registering in advance with the Board. 11.4 Land Use and Building Type. All Lots subject to this Declaration 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, workshops, and structures normally appurtenant to such residences. Two -car or three -car garages are permitted and they shall be incorporated in or made a part of the Dwelling and must have doors. No detached garages shall be permitted except with written approval by the ACC. Carports are prohibited. All Dwellings shall comply with City of Yakima Zoning Requirements and all applicable building codes. 11.5 Business and Commercial Use. Except model homes or ACC -approved sales offices, 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 approved below; nor shall any goods used for private purposes or for trade or business be kept or stored outside any building in a location on any Lot which is visible from the street or from any other Lot. Subject to approval by the Board and any conditions as the Board may impose, an "in-home" businesses or commercial activity may be permitted, provided such use complies with the Municipal Code of the City of Yakima. Under no condition may an "in-home" business or commercial activity permit customers to enter the Property or create.commercial traffic on or within the Property. The Board's approval of an "in-home" business will be personal only to the Owner requesting such approval. In the event of a sale of any Lot upon which approval of any "in-home" business shall be deemed revoked automatically and without further action by the Board. 11.6 Swimming Pools and Hot Tubs. No swimming pool or hot tub may be installed unless the same has been approved by the ACC which shall not only approve the design, but also the location of the swimming pool or hot tub on the Lot. 11.7 RVs, Boats and Trailers. Recreational vehicles, boats and trailers (including but not limited to utility, boat, camping and horse trailers) may only be parked on driveways for a period not to exceed twenty-four (24) hours subject to the Rules and Regulations. Thereafter, recreational vehicles, boats, and trailers must be located within a fully enclosed approved structure upon a Lot. Any commercial vehicles, construction or like equipment, or disabled vehicles must be located within a fully enclosed approved structure upon a Lot and shall not be parked or stored on any Lot or in the Common Areas. 1 1.8 Nuisances. No noxious or undesirable objects, activities or uses will be permitted or maintained on any Lot or any other portion of the Property. The Board reserves the right to determine whether such object, activity or use is noxious or undesirable, and will provide the Owner with an opportunity for a hearing before the Board. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 34 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 35 of 65 11.9 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 orthrough 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. 11.10 Use. During Construction. No person shall reside on any Lot until a residence has been completed in accordance with the plans and specifications approved by the ACC. 11.11 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 five (5) square feet. Declarant reserves 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 by 28 inches). (b) Signs shall be free standing and not connected or attached to a fence, building or othcr 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. (e) Signs shall not be displayed more than thirty (30) days before the election involving the candidate, party or ballot measure they address. (0 Signs shall be removed within three (3) days after the election involving the candidate, party or ballot measure they address. Signs shall not be placed on Common Areas or Common Area Facilities or grounds. 11.12 Animals. No animals 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. All dogs must be kept on a hand-held leash when outside unless in a kennel, the design and location of which have been approved by the ACC, and all other pets must be kept in yards unless accompanied by an Owner. No animal may be kept, bred, or maintained for any commercial purpose. Each 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 noise from barking. Excessive noise from barking is to be considered a nuisance. The Association, by appropriate rules and regulations CAIALYSS DECLARATION OF COVENANTS, CONDITIONS AND RES"!RlCI IONS Page 35 PDx\ 128047\200909\LAC\ 15452096.9 (g) Yakima County Auditor File # 7910983 Page 36 of 65 shall determine the number and kind of pets to be kept on any Lot. The Association may require a separate Pet Agreement to be signed by Owners. 11.13 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. 11.14 Temporary Structure. No structure of a temporary or removable character, including but not limited to a trailer, mobile home, 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 Development Period. 11.15 Utility Lines; Radio and Television Antennas. All electrical service, telephone lines and other 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 Lots or other lines or antennas on the same Lot. 11.16 Satellite Dishes, Antenna and Aerials. Up to two satellite dish antennae having a diameter of not more than forty inches (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. 11.17 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, 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. 11.18 Auto Repair. No major auto repair shall be permitted except within enclosed garages which are kept closed. 11.19 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. 11.20 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 Property, nor shall dirt bikes or ATV's be permitted to operate on any Lot or within the Property in an unsafe manner or in such a way to create a hazard or nuisance. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 36 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 37 of 65 11.21 Mailboxes. No Owner may install a mailbox on a Lot. The Association will establish a mailbox arca. 11.22 Sex Offenders. No registered sex offenders can reside within the development. The Board may exercise its right to have any such sex offenders removed by injunctive relief as may be allowed under applicable law and pursuant to an order issued by a court of competent jurisdiction. 11.23 Compliance with Law. Governmental regulations, zoning, building, environmental and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any such regulations and the provisions of this Declaration, the more restrictive shall apply. 11.24 Authority to Adopt Additional Rules and Regulations. The Association shall have the authority to adopt additional written rules and regulations governing the use of Lots and the Property, provided such rules and regulations are consistent with the purposes of the Declaration. Pursuant to RCW 64.38.020 (as may be amended), the Board may establish a fine schedule for violations of those rules and regulations. ARTICLE 12 CONSTRUCTION AND MAINTENANCE OF LOTS 12.1 Entry for Inspection. The Declarant or any agent, director, officer or committee member of the Association may, at any reasonable time upon twenty-four (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. Owners have presumptively permitted such entry and inspection pursuant to these Declarations and as an express condition for ACC approval pursuant to Section 8.4 above. 12.2 Completion of Construction. The construction of any building on any Lot, including painting and all exterior finish, shall be completed within six months of receipt of ACC approval of the plans and specifications pursuant to Section 8.4 above. 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. The Board may levy fines as provided under Section 7.1 1.2 above for an Owner's or Builder's failure to timely complete the construction or maintain the construction site as required under this section. 12.3 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 thirty (30) days after substantial completion of the residence on any Lot, whichever shall occur first. If inclement weather conditions prevent the timely installation of landscaping improvements, the Owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 37 PDX\ 128047\2009091LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 38 of 65 12.3.1 As used in this Section 12.3, the term "front yard" means 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. 12.3.2 At least fifty percent (50%) of the minimum front yard landscape area on each Lot shall be maintained as lawn area unless otherwise approved by the ACC. 12.3.3 Within sixty (60) days after occupancy, all Lots with backyard areas visible from adjacent street rights-of-way shall have the landscaping completed on the entire Lot area unless otherwise approved by the ACC. 12.4 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 may be approved by the ACC and this shall be completed prior to occupancy. 12.5 Excavation and Fill. Except with the approval of the ACC or as may be necessary in connection with the construction of an ACC -approved improvement, no excavation or fill shall be added, nor shall any fill be removed from any Lot herein. 12.6 Maintenance of Structures and Landscaping. Owners are responsible for the maintenance of the home and Lot to include: structures, utility lines, side and rear yard landscaping, and other items attached to or placed on the home or Lot (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 Lot. If an Owner does not maintain his or her property, then the Association reserves the right to engage the services of a contractor at Owner's expense. There will be yard service available for a fee to Owners wishing to contract for maintenance of side and rear yards. Owners should contact the Association for details. 12.7 Maintenance of Structures and Grounds. Each Owner shall maintain his or her Lot and structures thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. 12.8 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 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 Owners. Repairs not immediately made by Owners after reasonable notice may be executed by the Board at the Owner's sole expense. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 38 PDX1128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 39 of 65 ARTICLE 13 INSURANCE AND INDEMNIFICATION 13.1 Association Insurance Coverage. The Association shall obtain and maintain at all times the insurance required below and such additional insurance as the Board deems advisable, which will include, but is not be limited to, the following: 13.1.1 Property Insurance. The Association shall obtain and maintain at all times a policy of property insurance covering'all insurable improvements within the Common Areas against loss or damage resulting from fire and other hazards covered under special form coverage ("all risk"), including vandalism, malicious mischief, sprinkler leakage, debris removal, cost of demolition, windstorm, flood and water damage endorsements. Coverage shall be for the full insurable replacement cost (without deduction for depreciation) of such improvements, exclusive of land, foundation, excavation and other items normally excluded from coverage, and shall be subject to a commercially reasonable deductible. Such policy of insurance shall cover the interests of the Association and the Owners and First Mortgagees as their interests may appear and, if available at reasonable cost, the following terms: (a) A waiver of subrogation by the insurer as to any claims against the Association and its Board and property manager (if any), and against any Owner or guest of any Owner; (b) A standard mortgagee clause, except that the loss payment provision shall be subject to the terms of Article 15 of this Declaration; (c) A provision that no policy may be canceled, invalidated, or suspended because of the action of an Owner; (d) A provision that no policy may be canceled, invalidated, or suspended because of the conduct of any director, officer, or employee of the Association unless the insurer gives the Association a prior written demand that the Association correct the defect and allows the Association a reasonable time to make the correction; (e) A provision that the policy is primary in the event an Owner has other insurance covering the same loss; (f) A provision that the policy cannot be canceled or substantially modified without at least ten (10) days' prior written notice to all insureds; and (g) A provision that any adjustment of the loss will be made by the Association, and that all proceeds thereof shall be paid to either the Association or an insurance trustee, as provided in Article 15 of this Declaration. The Board may by resolution determine the amount of deductible for such insurance policy, based on availability and costs. Owners shall be responsible for the deductible to the extent it is determined that they, their tenants or guests are responsible for the damage caused to the Common Maintenance Areas or other properties that the Association insures. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 39 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 40 of 65 13.1.2 Liability Insurance. The Association shall at all times maintain commercial general liability insurance covering the Common Areas with limits of loss of not less than $1,000,000 combined single limit for personal injury or property damage (such policy limits to be reviewed at least annually by the Board and increased in its discretion), insuring the Association, all Owners, and any managing agent against liability to the public or to individual Owners, subject to a commercially reasonable deductible. 13.1.3 Workers and Employers Insurance. The Association shall obtain and maintain at all times worker's compensation and employer's liability insurance to the extent required by applicable laws. 13.1.4 Fidelity Insurance. The Board shall obtain and maintain at all times fidelity insurance naming the Board and all other officers, directors and employees of the Association handling or responsible for funds of or administered by the Association. If a management agent has the responsibility for handling or administering funds of the Association, the management agent will be required to maintain fidelity insurance coverage for its officers, employees and agents responsible for such funds. In no event may the aggregate amount of such insurance be less than a sum equal to three (3) months' Annual Assessments. The insurance must contain waivers by the issuers of the insurance of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. 13.1.5 Insurance Against Loss of Association's Personal Property. The Association shall obtain and maintain at all times insurance against loss of personal property of the Association by fire, theft, and other losses, with deductible provisions as the Board deems advisable. 13.2 Owners' insurance Coverage. Each Owner shall obtain and maintain a homeowner's insurance policy covering all insurable improvements located on its Lot and liability resulting from use or ownership of the Lot. The insurance coverage maintained by the Association shall not be brought into contribution with the insurance obtained by an Owner under this Section. 13.3 Builders' Insurance Coverage. Each Builder shall maintain the following insurance coverages: 13.3.1 Liability Insurance. Commercial general liability insurance with limits of loss of not less than $1,000,000 combined single limit for personal injury or property damage, subject to a commercially reasonable deductible. 13.3.2 Automobile Insurance. Automobile liability insurance covering owned, hired, and non -owned vehicles in an amount of not less than $500,000 per occurrence. 13.3.3 Workers and Employers Insurance. Worker's compensation and employer's liability insurance to the extent required by applicable laws. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 40 PDX\ 128047\200909 \LAC\ 15452096 9 Yakima County Auditor File # 7910983 Page 41 of 65 13.3.4 Additional requirements. Each insurance policy required to be maintained by a Builder under Sections 13.3.1 and 13.3.2 above shall name Declarant and the Association as additional insureds and shall be endorsed (if necessary) to insure the Builder's indemnification obligation under Section 13.4 below. Each Builder shall provide a certificate of insurance evidencing compliance with this Section to Declarant and the Association prior to commencing any preparatory or construction activities on any Lot, upon request, and upon renewal or issuance of new policies. 13.4 Builders' Indemnification. Each Builder agrees to indemnify, defend and hold Declarant and the Association harmless from and against any claims, demands, actions, suits, judgments, losses, damages, penalties, fines, costs, or expenses, including attorneys' fees (collectively, "Claims") arising from or relating to (a) the activities of the Builder and its employees, agents, consultants, contractors and suppliers within the Subdivision; or (b) the Builder's failure to comply with the terms and conditions of this Declaration, except to the extent of any Claims caused by the gross negligence or intentional acts of party claiming protection under this indemnification. ARTICLE 14 LIMITATION OF LIABILITY 14.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or Declarant (or Declarant's managing agent) exercising rights reserved to it hereunder, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision by such person in such person's official capacity. This Section shall not apply to the extent the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board; providing, however, that any such insurance or bonds shall contain a waiver of subrogation rights in favor of any person released hereby (unless insurance or bonds containing such a waiver of subrogation is not available at commercially reasonable rates). 14.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, or Declarant (or Declarant's managing agent) exercising Special Declarant Rights, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he may be a party; or in which he may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred; except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled. Notwithstanding the foregoing, in the event of a settlement, such indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 41 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 42 of 65 Section 14.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him in his capacity as a Member or Owner of a Lot (as opposed to his capacity as a Board member, Association committee member or Association officer, or Declarant or Declarant's managing agent exercising Special Declarant Rights). ARTICLE 15 DAMAGE OR DESTRUCTION 15.1 Common Areas. 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. 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 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 condition 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. 15.2 Dwellings. If all or any portion of a Dwelling or any other improvements located on an Owner's Lot is/are damaged by fire or other casualty, the Owner thereof shall either (a) restore the damaged Improvements or (b) remove all damaged Improvements, including foundations, and leave the Lot in a clean and safe condition. Any restoration proceeding under (a) above must be performed so that the Improvements are in substantially the same condition in which they existed before the damage or destruction, unless the owner complies with the provisions of Article 8. The Owner must commence such work within sixty (60) days after the damage or destruction occurs and must complete the work within six (6) months thereafter. ARTICLE 16 CONDEMNATION 16.1 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 42 PDX\ 128047\200909\LAC\ 15452096 9 Yakima County Auditor File # 7910983 Page 43 of 65 16.2 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. 16.3 No proceeds received by the Association as the result of any condemnation shall be distributed to an Owner or to any other party in derogation of the rights of the First Mortgagee of any Lot. ARTICLE 17 MORTGAGEES 17.1 Notice of Delinquency. An institutional holder, insurer or guarantor of a Mortgage who provides a written request to the Association will be entitled to timely written notice of any delinquency in the payment of an assessment or failure to perform any other obligation under the Governing Documents by the Owner of a Lot subject to its Mortgage which is not cured within sixty (60) days. 17.2 Reimbursement of First Mortgagees. -First Mortgagees 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 casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy. First Mortgagees making such payments shall be entitled to immediate reimbursement from the Association. ARTICLE 18 AMENDMENT 18.1 Amendment by Owners. After the expiration of the Development Period, this Declaration can be amended only by written consent of the Owners of seventy-five percent (75%) of the Lots. Any such amendment must be in writing, approved by qualified Owners and recorded with the Yakima County Auditor. 18.2 Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any, time by the Declarant during the Development Period and all Owners agree to be bound by such amendment or amendments. 18.3 Certification of Amendments. Upon approval of an amendment as provided in this 17.1 18.3, the president and secretary of the Association shall execute an instrument amending this Declaration and certifying that the amendment was adopted in accordance with this Declaration, which certification shall be properly acknowledged in the manner of acknowledgment of deeds, and the Board, or other duly appointed and authorized persons, shall record the instrument amending this Declaration in the Official Records of Yakima County, Washington. No amendment to this Declaration is effective until recorded, and the effective date of an amendment is the date of recording, unless a later date is indicated in such amendment. 18.4 Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature without the assent of the Board or Owners, and as an attorney-in-fact for the CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 43 PDx\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 44 of 65 Association and all Owners with an irrevocable power coupled with an interest, may at any time until the termination of the Development Period file such amendments to this Declaration and the plat map of the Project as are necessary to meet the then requirements of Federal National Mortgage Association, Veterans Administration, Federal Home Loan Mortgage Corporation, or other agencies, institutions or lenders financing and/or title insuring the purchase of a Lot from the Declarant. ARTICLE 19 ANNEXATION AND CONVERSION 19.1 Annexation by Declarant. At any time from time to time until the expiration of the Development Period, Declarant may, in its discretion without the assent of the Board, Owners or Mortgagees, cause any real property not already part of the Project to be annexed to the then existing Project and thereby subjected to this Declaration as part of the Project. Such annexationshall be accomplished by recording an amendment to this Declaration in accordance with the provisions of Section 19.3 below. Lots within property annexed to the Project pursuant to this Section 19.1 shall be owned by Declarant. 19.2 Non -Declarant Annexations. Annexation of additional properties (other than Declarant annexations provided for in Section 19.1 above) shall require the assent of seventy- five percent (75%) of the Owners attending a meeting duly called for this purpose, written notice of which shall be sent to all Owners not less than thirty (30) days or more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. At this meeting, the presence of Owners or of proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. In the event sixty-seven percent (67%) of the Owners are not present in person or by proxy, Owners not present may give their written consent to the action taken thereat. Until the Transition Date, annexation of additional properties under this Section shall also require the prior written approval of the Declarant. Annexation of additional properties under this Section shall be accomplished by recording an amendment to this Declaration in accordance with the provisions of Article 18 above. 19.3 Declaration Amendment. To make effective any annexation pursuant to this Article 19, the Declarant (or the Association acting pursuant to Section 19.2 above) shall execute and record an amendment to this Declaration describing the real property to be annexed (the "Annexed Property") and stating that such Annexed Property shall be annexed to and made a part of the Project. Such amendment shall identify Common Areas within the Annexed Property, and may include covenants, conditions and restrictions affecting such Common Areas and the use and maintenance thereof. Such covenants, conditions and restrictions shall be operative as a set of covenants running with the land as provided in Section 21.1 below. From and after the recording of such amendment, all property (including all Lots, Common Areas, and all Dwellings and other improvements constructed thereon) within the Annexed Property as well as CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 44 PDX\ 128047\200909vLAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 45 of 65 within the Project existing prior to such amendment shall constitute a single Project pursuant to the provisions of this Declaration. 19.4 Common Areas Within Annexed Property. Common Areas within property subsequently annexed to the Project shall be available for the common use of all Owners of Lots within such subsequently Annexed Property as well as within the Project existing prior to such annexation. Likewise, Common Areas within the Project existing prior to such annexation shall be available for the common use of all Owners of Lots within the Project including the property annexed thereto. 19.5 Conversion of Lots to Common Area. Declarant reserves the right to amend this Declaration and the plat maps for the Project, from time to time until the termination of the Development Period, for the purpose of converting to Common Area any Lots or portions thereof which have not yet been improved with Dwellings. Such amendment shall not require the consent of any person other than the Owner(s) and Mortgagee(s) of the property to be converted. 19.6 Conversion of Common Area to Lots. Declarant reserves the right to amend this Declaration and the plat maps of the Project, from time to time until the termination of the Development Period, for the purpose of converting to Lots any Common Area. Such amendment shall require the prior approval of seventy-five percent (75%) of the Owners and of institutional first Mortgagees. 19.7 Adjustment of Voting and Common Expense Percentages. In the event of the annexation of property to the Project, the conversion of Lots to Common Areas or the conversion of Common Areas to Lots, the voting rights and pro rata assessments shall be adjusted accordingly. ARTICLE 20 DISPUTE RESOLUTION AND LIMITATIONS ON LITIGATION 20.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes. The Association, Declarant, all Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Property, and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, each Bound Party covenants and agrees that all claims, grievances or disputes between such Bound Party and any other Bound Party involving the Property, including without limitation claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of this Declaration, the Bylaws, the Association rules or the Articles (collectively "Claim"), except for those Claims authorized in Section 20.2, shall be resolved using the procedures set forth in Section 20.3 in lieu of filing suit in any court or initiating proceedings before any administrative tribunal seeking redress or resolution of such Claim. 20.2 Exempt Claims. The following Claims ("Exempt Claims") shall be exempt from the provisions of Section 20.3: CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 45 PDX11280471200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 46 of 65 20.2.1 Any suit by the Association against any Bound Party to enforce the provisions of Article 7; 20.2.2 Any suit by the Association to obtain a temporary restraining order (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 8, Article 11, the Design Guidelines and the Rules and Regulations; 20.2.3 Any suit between Owners (other than Declarant) seeking redress on the basis of a Claim which would constitute a cause of action under the laws of the state of Washington in the absence of a claim based on the Governing Documents; 20.2.4 Any suit by the Association in which similar or identical Claims are asserted against more than one Bound Party; and 20.2.5 Any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, clarification or interpretation of any provision of this Declaration. Any Bound Party having an Exempt Claim may submit it to the alternative dispute resolution procedures set forth in Section 20.3, but there shall be no obligation to do so. The submission of an Exempt Claim involving the Association to the alternative dispute resolution procedures of Section 20.3 shall require the approval of the Association. 20.3 Mandatory Procedures for All Other Claims. All Claims other than Exempt Claims shall be resolved using the following procedures: 20.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent"), other than an Exempt Claim, shall notify each Respondent in writing of the Claim (the "Notice "), stating plainly and concisely: (a) The nature of the Claim, including date, time, location, persons involved and Respondent's role in the Claim; (b) The basis of the Claim (i.e., the provisions of this Declaration, the Bylaws, the Articles or rules or other authority out of which the Claim arises); (c) What Claimant wants Respondent to do or not do to resolve the Claim; and (d) That Claimant wishes to resolve the Claim by mutual agreement with Respondent and is willing to meet in person with Respondent at a mutually agreeable time and place to discuss in good faith ways to resolve the Claim. 20.3.2 Negotiation. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 46 PDx\ 1 28047 1200909 \LAC\ 15452096.9 Yakima County_ Auditor File # 7910983 Page 47 of 65 (a) Each Claimant and respondent (the "Parties") shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. (b) Upon receipt of a written request from any Party, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in resolving the dispute by negotiation, if in its discretion it believes its efforts will be beneficial to the parties and to the welfare of the Community. 20.3.3 Mediation. (a) If the Parties do not resolve the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to submit the Claim to mediation under the auspices of the Dispute Resolution Center of Yakima and Kittitas Counties, or such other independent agency providing similar services upon which the parties may mutually agree. (b) If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (c) If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined reasonable or appropriate by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, and the date that mediation was terminated. (d) Each Party shall, within five (5) days of the Termination of Mediation, make a written offer of settlement in an effort to resolve the Claim. The Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent. The Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 20.3.4 Final and Binding Arbitration. (a) If the Parties do not agree in writing to accept either the Settlement Demand, the Settlement Offer or otherwise resolve the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen (15) additional days to submit the Claim to arbitration in accordance with the Rules of Arbitration of the American Arbitration Association or the Claim shall be deemed abandoned, and Respondent shall be released and CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 47 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 48 of 65 discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (b) This Section 20.3.4 is an agreement of the Bound Parties to arbitrate all Claims except Exempt Claims and is specifically enforceable under the applicable arbitration laws of the state of Washington. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the state of Washington. 20.4 Allocation of Costs of Resolving Claims. 20.4.1 Each Party shall bear its own costs incurred prior to and during the proceedings described in Sections 20.3.1, 20.3.2 and 20.3.3, including the fees of its attorney or other representative. Each Party shall share equally all charges rendered by the mediator(s) pursuant to Section 15.3.3. 20.4.2 Each Party shall bear its own costs (including the fees of its attorney or other representative) incurred after the Termination of Mediation under Section 20.3.3 and shall share equally in the costs of conducting the arbitration proceeding (collectively, "Post Mediation Costs"), except as otherwise provided in Section 20.4.3. 20.4.3 Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add such Claimant's Post Mediation Costs to the Award, such Costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than Respondent's Settlement Offer to that Claimant shall also award to such Respondent its Post Mediation Costs, such Costs to be home by all such Claimants. 20.5 Enforcement of Resolution. if the Parties agree to resolve any Claim through negotiation or mediation in accordance with Section 20.3 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 20.3. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non- complying Party (or if more than one non -complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including without limitation attorneys' fees and court costs. ARTICLE 21 GENERAL PROVISIONS 21.1 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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 48 PDX112 8 04 712009091LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 49 of 65 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. 21.2 Enforcement by Court Action. The Association, the Declarant, the ACC, the Association, or any 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. 21.3 Enforcement by Self I-Ielp. 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. 21.4 Condition Precedent to Action. Prior to taking action either by court or by self- help, written notice shall be given to the offending 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 fifteen (15) days. 21.5 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. 21.6 Owner Objection. Should an Owner object to the complaint of the Declarant, the Association or ACC in writing within fourteen (14) 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 the parties 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 with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 21.7 Costs and Attorney's 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. 21.8 Nonwaiver for 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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 49 PDx\ 12804 712009091LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 50 of 65 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. 21.9 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. 21.10 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 Property by providing a common plan for the Project. 21.11 Conflicts. If there is a conflict between the terms of this Declaration and any other Governing Documents, this Declaration shall control. 21.12 Amendment by Court Action. The Association and/or any 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 Owner seeking the amendment. In any such court action, the court may exercise its equitable powers to grant such relief as is deemed appropriate. 21.13 Term. This Declaration shall be effective for an initial term of thirty (30) years, and thereafter by automatic extension for successive periods often (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 less than seventy-five percent (75%) of the Lots then subject to this Declaration. Any termination agreement must be in writing, approved by Owners eligible to vote, and must be recorded with the County Auditor. { Signature and Acknowledgement on Following Page} CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 50 PDX\ 128047\200909 \ LAC115452096.9 Yakima County Auditor File # 7910983 Page 51 of 65 This Declaration is hereby executed on this 1.42 day of STATE OF WASHINGTON COUNTY OF YAKIMA 2016. DECLARANT: CATALYSS, LLC, a Washington limited liability company B �4wa5 it-) 1et", ��• ss. On this 10 day of tat , 2016, 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 ft,/,1*), incyJ2{of Catalyss, LLC, the limited liability comj my that executed the foregoing instrt melnt, 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. Notary Public State of Washington SARAH MARIE LAIDLER My Appointment Expires Apr 3, 2020 Pnnted Name: f2iAVA' NOTARY PUBLIC in and for the State of Washington, 1 " Residing at Li kkrVL) My commissi> expires: eApni 3n ,9D:;Z,0 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 51 PDX\ 128047\200909\LAC\ 15452096.9 Yakima County Auditor File # 7910983 Page 52 of 65 Exhibit H: MDNS Development Agreement - 24 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planning@yakimawa.gov • http://www.yakimawa.gov/services/planning/ WASHINGTON STATE ENVIRONMENTAL POLICY ACT ADDENDUM TO: MITIGATED DETERMINATION of NONSIGNIFICANCE Dated February 27, 2015 For Vincitore LLC - Toscanna City of Yakima File Number SEPA #020-09 A. Proposal Name and Location Vincitore, LLC - Toscanna (property owner) for environmental review of the following. 1. Grading of 150,000 cubic yards of dirt on two parcels. The subject properties are located in the vicinity of 40th Ave. & Castlevale Rd. Parcel Number(s): 181315-31011 & 181315-34037. B. Environmental Documents to Which this Addendum Applies The City of Yakima Planning Division issued a Mitigated Determination of Nonsignificance (MDNS) for the original proposal on June 12, 2009 (2009 MDNS: File Number: SEPA #020-09). The 2009 MDNS was never appealed by any party and is now final. On February 27, 2015, the City of Yakima issued a SEPA addendum amending the applicant's 2009 MDNS by: 1. Increasing the amount of grading from 35,000 cubic yards of dirt to 150,000 cubic yards of dirt. This Addendum applies to the 2009 MDNS City of Yakima File Number: SEPA#020-09. C. Applicant Vincitore, LLC 200 Galloway Dr. Yakima, WA 98908 D. Date of Addendum This Addendum was prepared on February 27, 2015, pursuant to WAC 197-11-600(4) (C), WAC 197-11-625 and Yakima Municipal Code YMC 6.88.150. E. Description of Current Proposal At the request of the applicant, the original proposal has been modified in certain respects. These modifications (referred to as the "current proposal") include the addition of the following changes to the applicant's site plan and SEPA Checklist: 1. Increasing the amount of grading from 35,000 cubic yards of dirt to 150,000 cubic yards of dirt. City File Number: SEPA#-005-15 A. Comparison of the Current Proposal and the Original Proposal. The current proposal increases the amount of grading from 35,000 cubic yards of dirt to 150,000 cubic yards of dirt. The increase in the amount of grading is occurring in order to better utilize the topography and improve sewer and stormwater management. B. Environmental Analysis and Additional Information The impacts resulting from the current proposal are not anticipated to be different from those analyzed in connection with the original proposal. In the previous MDNS that was issued in 2009 there were a number of mitigation measures that were required in order to reduce the impacts on the environment. These mitigation measures include but are not limited to dust control, stormwater management, and erosion control. Due to the fact that the impacts resulting from the current proposal are not anticipated to be different from the original proposal no further mitigation is required I. Conclusion The current proposal will not result in new significant adverse environmental impacts not analyzed in connection with the 2009 MDNS. This addendum provides additional information and analysis relating to the current proposal. 2 Exhibit I: Ch. 15.28 YMC Development Agreement - 25 Chapter 15.28 MASTER PLANNED DEVELOPMENT OVERLAY* Sections 15 28 010 Purpose 15 28 020 Types of master planned development overlays—Pernntted uses 15 28 025 Mimmum project size 15 28 030 Application—Master planned development overlay 15 28 035 Phased development 15 28 038 Planned action—Environmental review 15 28 040 Review process 15 28 050 Master planned development overlay—Development agreement 15 28 060 Implementing permits and approvals 15.28.070 Vesting. 15 28 080 Modification of an approved master planned development overlay * Prior legislation Ord 98-63 15.28.010 Purpose. A Purpose A master planned development overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources, and amenities. A master planned development overlay is intended to create regulatory incentives and standards that 1. Allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses, 2 Facilitate the efficient use of land and provide for a comprehensive review of integrated development projects, 3 Increase economic feasibility by fostering efficient arrangement of land uses, buildings, transportation systems, open space and utilities; 4. Preserve or enhance natural amenities, features, shorelines and critical areas in the development of a particular site; 5. Identify significant environmental impacts and ensure appropriate mitigation, 6 Provide certainty regarding the character, timing and conditions for planned residential, commercial, industrial and mixed-use development within an identified geographic area and vest such projects through a public review process, 7 Encourage environmentally sustainable development; 8 Provide needed services and facilities in an orderly, fiscally responsible manner; 9. Promote economic development, job creation and diversification and affordable housing in the city/county, 10 Create vibrant mixed-use neighborhoods, with a balance of housing, employment, commercial and recreational opportunities, and 11 Promote consistency with the goals, policies and objectives of the Yakima urban area comprehensive plan The Yakima Municipal Code is current through Ordmance 2015-047, passed December 8, 2015 B. A master planned development may take the form of a residential, commercial, industrial, or mixed-use development Each is intended to accommodate and facilitate larger scale development designed to accomplish integrated and flexible site planning Residential, commercial and industrial master planned developments shall be allowed in zoning districts consistent with the primary use of the respective master planned development (e.g., residential PD in residential zones). A master planned development—mixed-use shall be permitted in any zoning district subject to specific findings that the site and master concept plan are compatible with existing adjacent land uses C. Applicants for master planned development will be encouraged to utilize unique and innovative facilities that encourage the efficient and economical use of the land, promote a sound system for traffic and pedestrian circulation, promote open space and use of natural and/or developed amenities, and provide an architecturally attractive, durable, and energy-efficient development. (Ord. 2008-46 § 1 (part), 2008). 15.28.020 Types of master planned development overlays—Permitted uses. A Types of Master Planned Developments The following four types of master planned development overlays are authorized within the Yakima urban area. 1 Master Planned Development—Residential A residential master planned development is designed to provide a type or mixture of residential dwellings (single-family, two-family, or multiple -family) with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities or other areas or facilities. A residential master planned development is authorized in any residential zone (suburban residential (SR), single-family residential (R-1), two-family residential (R-2), and multifamily residential (R- 3)), and professional business (B-1) and local business (B-2) zones. The residential master planned development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units. 2 Master Planned Development—Commercial A commercial master planned development is designed for the integrated site planmng of commercial, retail, office, or mixed commercial use (commercial, office and retail) developments The commercial master planned development shall be for the primary purpose of providing commercial services and facilities, and may include any incidental and/or supportive land uses A commercial master planned development is authorized in any commercial or business district (i e , B-1, B-2, SCC, LCC, AS, GC, CBD, and RD) and light industrial (M-1) as identified in Table 4-1 (YMC Chapter 15.04). 3 Master Planned Development—Industrial An industrial master planned development is designed to allow for the innovative site planning of industrial land uses and facilities, industrial parks and business parks The industrial master planned development shall be allowed in light industrial (M-1) and heavy industrial (M-2) zoning districts as designated in Table 4-1 (YMC Chapter 15 04) 4. Master Planned Development—Mixed-Use. The intent of the mixed-use master planned development is to encourage the innovative mixture of residential, office, commercial, retail, and certain light manufacturing uses. Uses may be combined in single structures or buildings or may be designed in conjunction with other uses A mixed-use master planned development is intended to accommodate larger scale residential, commercial, retail, office, and/or recreational uses. It is recognized that mixed-use development will include innovative planning techniques, a mixture and variety of land uses, integrated planning of site improvements and structures, and site planning that increases the economic feasibility and efficient use of land. A mixed-use master planned development is authorized in any zoning district except airport support (AS) and heavy industrial (M-2). B Master Planned Developments—Permitted Uses The following uses are permntted in master planned developments upon approval of a master development plan. 1 Residential Master Planned Developments a One -family, two-family, and multifamily residences; b. Recreational and amusement facilities which are intended to serve the master planned development and general public including, but not limited to. golf courses, clubhouses, driving ranges, tennis courts, swimming pools, parks, commumty centers, and playgrounds; c Schools, libraries, museums, and art galleries; d. Public services and facilities including police and fire stations, e Manufactured home parks and subdivisions; provided, that the provisions of YMC 15 04 150 shall be met as a condition of approval of the master planned development, and f Any other uses authorized in the underlying zone are pursuant to Type (1), (2), or (3) review and are set forth in Table 4-1 (YMC Chapter 15 04) 2 Commercial and Industrial Master Planned Developments a. Uses are permitted in accordance with those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04). b Such other uses as are consistent with the Yakima urban area comprehensive plan and future land use map or are of a similar type and intensity as those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04). 3 Mixed -Use Master Planned Development Any residential, retail, commercial, office, public, light industrial, and/or recreational use may be permitted in a mixed-use master planned development provided such uses are designed in harmony with the overall site plan and do not adversely impact adjoimng properties and development It is recogmzed that uses may include a combination of residential, commercial, retail, service, and recreational uses developed in an innovative manner. It is the intent of this district to provide flexibility in design, concept, and usage in order to respond to and meet the needs of the commumty and marketplace C. Additional Uses Allowed. Unless otherwise restricted by subsection B of this section, the hearing examiner is authorized to recommend additional uses within a master planned development provided such uses are an integrated component of the development and not detrimental to surrounding land uses. Authorization of additional uses shall take into consideration the following factors. 1 Any nonresidential uses proposed in a master planned development—residential shall be primarily designed and intended for the use of the residents within the proposed development and planned as an integral part of such master planned development, 2 Nonresidential uses within a master planned development—residential are limited to those uses allowed as Class (1) or Class (2) uses in professional business (B-1), local business (B-2), and small convemence center (SCC), as listed in YMC Chapter 15.04, Table 4-1. Such nonresidential uses will be limited to no more than ten percent of the land contained in the master planned development, excepting recreational facilities or as otherwise provided in this chapter. No commercial or other intensive nonresidential use is permitted to be closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying zomng; and 3. Residential uses within a master planned development—commercial or industrial shall be limited to those that are secondary to the primary commercial and industrial use and designed in a manner that is consistent with integrated site planning (Ord 2008-46 § 1 (part), 2008) 15.28.025 Minimum project size. The minimum project size for a master planned development shall be two acres. All properties included in the master development plan shall be contiguous with logical outer boundaries (Ord 2011-52 § 9, 2011. Ord 2008-46 § 1 (part), 2008). 15.28.030 Application—Master planned development overlay. A Application for Master Planned Development Overlay The master planned development overlay zone shall be established only in conjunction with a master development plan, which sets forth the parameters for development of the property including a site plan and development agreement. An application for a master planned development may be submitted as a concept plan or consolidated with site-specific proposals (e.g., preliminary plat, use applications, etc.). The proposed master plan shall be for property under single ownership, or if in multiple ownerships, the master plan application shall be signed by each owner of property within the master plan and all owners shall agree to be bound by conditions of approval, including use, design and layout and development standards established through the hearing process. All properties included in the master concept plan shall be contiguous with logical outer boundaries located within the urban growth area (UGA). A proposed master concept plan may include properties both within and outside the jurisdictional boundaries of the city of Yakima, provided, that all areas are located within the UGA. Applications for master planned development overlays which transcend jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing. 1. Annexation of the remainder of the property lying outside of city limits into the city of Yakima, or 2 Submit a petition for annexation to the Yakima city council for the above-mentioned property, and attain and submit an early transfer of jurisdiction letter to the city of Yakima releasing the proposed land use application to be processed by the city of Yakima B. Development Plan—Submission Requirements. An application for master planned development shall include the following information. 1. Planning History. A summary of all previous known land use decisions affecting the applicant's property and a list of all outstanding conditions of approval with respect to such prior land use decisions. 2 Existing Property Information An application for a master planned development shall contain the following information on and adjacent to the site, presented in narrative, tabular, and/or graphic formats. a Vicinity map that identifies surrounding uses within five hundred feet of the site boundary b. Legal description for the proposed master planned development together with a title report disclosing all hen holders and owners of record c. Zoning map that identifies base and overlay zoning designations for the site and surrounding property uses within five hundred feet of the site boundary d. Site description including the following information provided in narrative, tabular, and/or graphic formats. e Topography and natural resources including one -hundred -year floodplain; wetlands, rivers, streams, or other critical areas; and natural hazards such as steep slopes greater than fifteen percent, and unstable, impermeable, or weak soils f Inventory of cultural, historic, and/or archaeological resources on the site, if any g Existing buildings, if any, including use, location, size, and date of construction h. Existing on-site transportation systems including streets, sidewalks, and bike paths, if any. i. Location and size of existing public and private utilities on the site including water, sanitary sewer, stormwater retention/treatment facilities, and electrical, telephone, and data transmission lines. j. Location of public and private easements. k A description of the type, design, and characteristics of the surrounding properties for purposes of assessing the proposed master planned development effects 3. Technical Studies. Technical studies may be required by the administrative official when potential adverse impacts are identified outside of the SEPA regulatory review process and may include the following. a. A traffic impact analysis sufficient to assess access to the site and within the site, on -street parking impacts and limitations and necessary traffic -related improvements; b. Drainage study, c. Geotechnical analysis, d Noise analysis; e Visual composite; and f. Other analysis of potentially significant issues as identified during the SEPA environmental checklist review. 4. Site Plan. The application shall include a concept site plan which includes the following elements. a. Project boundaries, b Primary uses and ancillary uses; c Existing and proposed structures; d. Gross floor area of development, e. Maximum building heights, f. Minimum building setbacks, g Maximum lot coverage; h. Any other development standards proposed to be modified from the underlying zoning district requirements; i. The proposed circulation system of arterial and collector streets including, if known, the approximate general location of local streets, private streets, off-street parking, service and loading areas, and major points of access to public rights-of-way, with notations of proposed public or pnvate ownership as appropriate, J The proposed location of new and/or expanded public and pnvate utility infrastructure; k Sitescreemng, landscaping and street trees; 1. A master planned development incorporating commercial or industrial facilities must provide a buffer or site design along the perimeter of the master planned development, which shall reasonably transition the master planned development to any adjacent properties zoned or used for residential purposes. If automobile parking, driveways, or machinery operation are to be provided within one hundred feet of a master planned development boundary, sitescreening shall be provided in accordance with YMC 15.07.020, m Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts, n Site features as appropriate to mitigate traffic, environmental, geotechmcal, and other impacts as identified in technical studies required by this chapter, and o Shoreline and critical areas where applicable 5. Development Agreement. The application should also include a draft development agreement including the following elements. a Narrative description of project and objectives; b. Summary of development standards, c. Site plan elements, d Development phasing, including times of performance to preserve vesting (YMC 15 28 070); e Public meeting summaries; f Performance standards and conditions addressing subsections (B)(5)(a) through (e) of this section; g. Criteria for determining major versus minor modifications and amendments, and h Signatures by each owner of property within the master development plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained with an approved plan and development agreement (Ord 2008-46 § 1 (part), 2008). 15.28.035 Phased development. The master planned development overlay application may include two or more phases of development; provided, that A. The development plan identifies phases of the project in sufficient detail to evaluate timing and coordination of phased development, B. The proposed timing or sequencing of development, recognizing that phasing may require flexibility that is responsive to market demands, C. Each phase will be subject to development standards identified, adopted, and vested in the review process, and D Each phase of a proposed master plan shall contain adequate infrastructure, landscaping and all other conditions in order to allow the phase to stand alone if no other subsequent phases are developed. (Ord. 2008-46 § 1 (part), 2008) 15.28.038 Planned action—Environmental review. An application for master planned development overlay shall include a completed environmental checklist. If requested by applicant and deemed appropriate by the city/county, a master planned development overlay proposal may be designated by the city/county as a planned action pursuant to RCW 43.21C.031(2) and WAC 197-11-164 et seq. (Ord. 2008-46 § 1 (part), 2008). 15.28.040 Review process. A Application The master planned development overlay application shall be reviewed using the rezone procedures described in YMC 15 23 030 The criteria of YMC 15 23 030(E)(1) through (7) shall not be used Upon filing of a complete master plan application and completion of the required environmental review process, the planmng department shall forward the application, together with its recommendation, to the healing examiner to conduct a public hearing and review in conformity with YMC 15.23.030. B Preapplication Conference A master planned development site plan shall be subject to a preapplication conference prior to formal submittal The preliminary site plan shall be submitted to the administrative official, which shall include the material outlined for a master concept plan as set forth in YMC 15 28 030(B) The administrative official shall coordinate with the appropnate departments and provide recommendations to the applicant regarding site planning; use and concept design; street, and utility layout, design, and location; development standards; and other matters pertinent to the application and review criteria C. Public Hearing and Recommendation. A master planned development application shall be reviewed in an open record public hearing before the hearing examiner Hearings shall be as prescribed m YMC 16 03 030 and 16 03 040 The hearing examiner shall apply the master planned development review criteria set forth herein and issue a written recommendation to the legislative body to approve, approve with conditions, or deny the proposed master planned development. The hearing examiner may add recommended conditions as necessary to protect the general public interest, health, safety, comfort, and welfare from potential impacts, nuisances, hazards, or offensive conditions. The recommendation shall specifically include findings, conclusions, and conditions based on evidence and testimony in the open record public hearing D. Master Planned Development—Review Criteria. The hearing examiner shall evaluate a master planned development application and other evidence submitted into the record, and shall issue such recommendation based upon the following considerations and criteria. 1 The master planned development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. 2 The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The hearing examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan 3. Consideration shall be given to "low impact development" concepts. 4 There will be adequate infrastructure capacity available by the time each phase of development is completed. 5 The master planned development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the master planned development and adjacent uses Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreemng, buffers, and other design features or techmques 6. All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical 7. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project. 8. The proposed development is not adverse to the public health, safety, or welfare. 9 The public benefits of approving the master planned development outweigh the effect of modification of standards to the underlying zoning district. 10 The proposed development is designed to be consistent with the provisions of the shoreline master program and critical areas ordinance of the appropriate jurisdiction E. Legislative Body. Following receipt of the hearing examiner's recommendation, the legislative body shall schedule a closed record hearing for consideration of the hearing examiner's recommendation on the master planned development overlay application. Upon conclusion of the hearing, the legislative body may. 1. Accept the hearing examiner's recommendation, 2 Remand the master planned development application to the hearing examiner to provide supplementary findings and conclusions on specific issues; 3. Modify the hearing examiner's recommendation based upon testimony and evidence provided at the open record public hearing In the event of a modification of the hearing examiner's recommendation, the legislative body shall enter its own modified findings of fact and conclusions of law as are necessary and consistent with their final determination; or 4 Deny the application, with or without prejudice F. Appeals. The legislative body's decision shall be the final decision on the project permit application, subject to appeal pursuant to the Land Use Petition Act (LUPA)—RCW Chapter 36.70C. (Ord. 2008-46 § 1 (part), 2008). 15.28.050 Master planned development overlay—Development agreement. An approved master planned development overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW 36 70B 170 The development agreement shall provide for vesting of such development conditions and standards as are deemed reasonable and necessary to accomplish the goals of the master planned development This agreement shall be binding on all property owners within the master planned development and their successors and shall require that development of the subject property be consistent with and implement the provisions of the approved master planned development The approved development agreement shall be signed by the city manager or chairman of the board of the Yakima County commissioners and all property owners and lienholders within the boundaries of the master planned development overlay and recorded prior to approval and/or issue of any implementing plats or permits. (Ord. 2008- 46 § 1 (part), 2008) 15.28.060 Implementing permits and approvals. A. Implementing Applications. Any development applications submitted for property within an approved master planned development overlay shall be reviewed for consistency with and implement the master planned development plan. Such implementing applications with appropriate fees shall include but not be limited to applications for preliminary plat approval, binding site plans, certificates of zoning review, building permits, and other similar applications Any subsequent application shall be reviewed and approved in accordance with the conditions and standards adopted in the master planned development overlay. B Planned Action—Environmental Review An applicant may submit a master planned development concept plan as a planned action pursuant to WAC 197-11-164 Any project review pursuant to the authorized planned action shall include the following. 1. Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the master planned development approval and ordinance or resolution; and 2. Verification that the probable significant adverse environmental impacts of the project have been addressed in environmental review in the context of the master plan review processes. In the event the implementing project meets the above requirements, the administrative official may deem the project to qualify as the planned action designated in the master plan approval and a project threshold determination or EIS shall not be required (WAC 197-11-172(2).) The city/county is authorized to place conditions on the project in order to address significant impacts that were not fully addressed through the planned action process. Public notice for projects that qualify as planned actions shall be tied to the underlying permit (Ord 2008-46 § 1 (part), 2008). 15.28.070 Vesting. A The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement described m YMC 15 28 050 is recorded, inclusive of specific conditions and standards set forth in said development agreement The vesting period shall be for the time stated in the development agreement associated with each specific master planned development and shall be agreed upon by the parties to the development agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the development agreement B. Vesting of rights may also include reservation of traffic capacity on public streets and roadways or capacity in public facilities such as sewer and water, if such reservations are specifically agreed upon in the development agreement required by YMC 15 28 050 Such reservations shall be applicable for the time set forth in the development agreement (Ord 2008-46 § 1 (part), 2008) 15.28.080 Modification of an approved master planned development overlay. Implementation of the master development plan shall be reviewed through the Type (1) review process. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (2) review. Major modifications will undergo Type (3) review. The following criteria are established to assist this determination. A Type (1) Review Projects or Actions Type (1) review process shall be applied to future Class (1) projects or actions in compliance with an approved master development plan and development agreement, and B Type (2) Review Projects or Actions Type (2) review process shall be applied for minor modifications to an approved master development plan or development agreement A change or amendment to the approved master plan shall be deemed a "minor modification" if, in the reviewing official's discretion, the following criteria are satisfied. 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan, 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent, 3 The amendment does not materially change the type and character of approved uses; 4 The amendment does not materially change parking or traffic circulation within the development; 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures, 6. The amendment does not materially impact the overall design of the approved master plan, and 7 Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare C. Type (3) Review Projects or Actions. A major modification to the master development plan shall be subject to a Type (3) review and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove Type (2) and (3) review shall be conducted consistent with the provisions of YMC Chapters 15.14 and 15.15, respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original master development plan and development plan approval shall be followed. (Ord. 2008-46 § 1 (part), 2008). Exhibit J: Phasing Plan Development Agreement - 26 MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF CATALYSS IN THE SW 1/4 OF SEC 15, T-13 N, R-18 E,W.M. Phase thtmber5 IWrmam COC1W9WOr PARCEL A THAT PORTO CF T. NORTH SEWN G. mWNSo If NORM RAN CE Aro EAGERLY a EYE MGT OF WAY "OF Taruw' M VALLEY CAM. COUP." °I°Fg a ie EAST au. 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PLA,o_r:! £ V OWNEGE E/DEVELt� WID ALNSALR it pH 500-1132-0000 S.DLE ENfi0FE� ROC 0.10ORR pLG vu070.0 NWNti vcoLN ,AawOmENLE Deem P L S A °112o WEST EERMRv TA,W WA9HGTWAVFIIE .1107 101-1,010 NNON RIABTEA ?LAMM ?LAMOCYLLOPa CNf RT Roo an,• fA.ATACY5 . 1,Ao6 sq., 01. IA - a N. n-1.1 O� .••••• %00 flla/rpli 1.o IWF P 7 R 1 3 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7. For Meeting of: January 19, 2016 ITEM TITLE: Open record public hearing and resolution on the proposed Development Agreement of C atalys s (formerly To s c anna) located in the vicinity of 40th Ave and Castlevale Road SUBMITTED BY: Joan Davenport, AICP, Director of Community Development Valerie Smith, AICP, Senior Planner SUMMARY EXPLANATION: Jim Laidler, on behalf of Catalyss, LLC, submitted a development agreement for Catalyss, a 66 lot residential master planned development located in the vicinity of Castlevale Rd. and North 40th Ave. This master planned development and plat received preliminary approval on August 18, 2009, by the Yakima City Council. The Development Agreement codifying all conditions of approval of the master planned development and plat are now ready for Council's consideration and approval. The Development Agreement was required primarily due to the proposed private streets within the project. Resolution: X Ordinance: X Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? Yes Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Conduct the public hearing and consider testimony. Staff recommends City Council approve the development agreement for Catalyss and the accompanying resolution authorizing the City Manager to sign the agreement. ATTACHMENTS: Description Upload Date O Memo to Council - Catalyss DevAgmt 1/8/2016 ❑ Proposed Resolution - Catalyss 1/8/2016 ❑ Proposed DaelopmentAgmt - Catalyss 1/8/2016 ❑ Exhibit A Parcel Legal Description 10/13/2015 ❑ Exhibit B Summary of RPD 11/12/2015 ❑ Exhibit C HE Recommendation 10/13/2015 ❑ Exhibit D Summary of Daelopment Standards 11/12/2015 ❑ Exhibit E Public Meetings Summaries 11/12/2015 ❑ Exhibit F Site Plan 11/12/2015 D comment 10/14/2015 Type Coker Memo Resolution Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Backup Material ///1I\\\ i`_ Planning DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division 129 North Second Street Yakima, WA 98901 MEMORANDUM TO: Yakima City Council and Jeff Cutter, Interim City Manager FROM: Planning Division Staff SUBJECT: 1/19/2016 Council Agenda item "Public Hearing for Catalyss Development Agreement" Date: January 8, 2016 On January 19th, 2016 the City Council will conduct an open record public hearing regarding the Development Agreement for the Planned Development now known as Catalyss, LLC, located in the vicinity of 40th Ave & Castlevale Rd. BACKGROUND This project has been ongoing since preliminary plat approval of the residential subdivision in 2009. At that time, the City Council, after recommendation from the Hearings Examiner, approved the residential subdivision as a Planned Development, file number PD#001-09, for 66 lots located at 4200 Castlevale Rd. The Developer under the previous name of Toscanna, LLC, has since changed their name to Catalyss, LLC. With this preliminary plat in 2009, the City required Conditions of Approval that must be met before the Developer may submit their Final Plat for the proposed residential subdivision, and before the Developer may move forward with building homes. These conditions often include, building or bonding for roads, sewer, and water pipes, basically the infrastructure necessary to serve the homes. One of the many Conditions of Approval for the Catalyss development from the 2009 decision, is for a formal Development Agreement between Catalyss, LLC (previously Toscanna, LLC) and the City of Yakima. This project included private streets, which require a Development Agreement for the on-going maintenance. The components of a Development Agreement include, but are not limited to: identifying number of lots within the subdivision, lot sizing, phasing plan, setbacks, circulation of traffic, available common areas, and any aesthetic standards or restrictive covenants. ACTION NEEDED The City Council is tasked with processing the Development Agreement by taking one of the following Actions: • Approve the Development Agreement as written, and sign the Resolution authorizing the City Manager to enter into the Development Agreement with Catalyss, LLC. • Approve the Development Agreement with modifications specified in the City Council's Findings of Fact, and direct Staff to prepare written Findings and updated Resolution authorizing the City Manager to enter into the Development Agreement with Catalyss, LLC. • Reject the Development Agreement and advise specific revisions needed to finalize the Development Agreement into an approvable document. A RESOLUTION Distributed at the Meeting -10 RESOLUTION NO R -2016 - ITEM 7 corrected authorizing and directing the City Manager to execute a Development Agreement with Catalyss, LLC (herein after "Developer") to provide for the terms and conditions of development of a preliminary plat and planned development to be located in the vicinity of Castlevale Road and North 40th Avenue, in the City of Yakima WHEREAS, the City of Yakima (herein 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 28 050 and YMC 15 10 010; 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 Two Family Residential, and WHEREAS, Developer has obtained development rights for a single parcel of approximately 29 acres in the vicinity of Castlevale Road and North 40th Avenue, Yakima, Washington, (the "property") is legally described in the Development Agreement as Exhibit A, attached hereto and incorporated herein by this reference, and WHEREAS, on May 11, 2009, Toscanna, LLC , submitted an application for a sixty-six (66) lot preliminary residential subdivision and planned development located in the vicinity of Fechter Road and Castlevale Road, (the "Project"), and WHEREAS, on May 18, 2009, 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 10 020 and described in YMC Chapter 14.20, and WHEREAS, the specific proposed use of the property identified by Developer is that of a 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 June 12, 2009; and WHEREAS, as engineering for the approved preliminary subdivision progressed, the Developer determined that, in order to balance the site it would need to grade both Parcels A and B and move substantially more earth than originally disclosed in its original environmental checklist. On February 9, 2015 2015, the Developer submitted a revised environmental checklist to the City On February 27, 2015, the City issued an addendum to the Mitigated Determination of Nonsignificance, and WHEREAS, on July 9, 2009, the Hearing Examiner held an open record hearing in consideration of the Project; and WHEREAS, on July 22, 2009, the Hearing Examiner issued his land use recommendation proposing that the Project be approved subject to conditions, and WHEREAS, on August 18, 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 the Developer 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 the Developer 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 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 19th day of January, 2016 ATTEST Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk • i • TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 City Council Open Record Public Hearing. for Development Agreement August 18, 2009 EXHIBIT LIST Applicant: Toscanna LLC / Envizage Development Group File Number: PD#001-09, PLP#001-09, SEPA#020-09 Site Address: Vicinity of Fechter Road & North 40th Avenue Staff Contact: Joseph Calhoun, Assistant Planner Table of Contents CHAPTER A Agenda Statement CHAPTER B Proposed Resolution CHAPTER C DRAFT Development Agreement - Toscanna LLC TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER A Agenda Statement i'L®-li'� `ti. ` o. err ' � ''' *2. a Yl `} i ^h r. r' �y }a. �h 'u i �` y - in S 4- 1-c,4n i�" •h. '•' " *cam -t---'J_s%. .,,ps^1 ..-3�3i^'�iW Tyy� s..+Y'.'ys, �'t.�F + T cj . d.,$,..L'k'W '-' i'E,_rr''r 'Y .�... ' yY"4�-y-`�^� _. '9�.nix'zr A-1 Agenda Statement: Open Record Development Agreement Public Hearing 08/18/2009 • i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. B For Meeting of: August 1'8, 2009 ITEM TITLE: "Open Record" public hearing on the proposed Development Agreement for the Master Planned Development/Preliminary Plat of Toscanna, Phase 1. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner, 509-575-6162 SUMMARY EXPLANATION: "Open Record" public' hearing to consider a ' Development. Agreement between the City of Yakima and Envizage Development Group for the proposed Master Planned Development/Preliminary Plat of Toscanna, Phase 1. The Development Agreement is a condition of approval for a Master Planned Development. On July 9, 2009, the Hearing Examiner held an "Open Record" public hearing, to consider application. On July 22, 2009, the Hearing Examiner issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. Resolution X Ordinance Contract Other Development Agreement Funding Source Approval For Submittal City Manager Staff Recommendation: Adopt the Resolution authorizing the signing of the Development Agreement. Board Recommendation: On July 22, 2009, the Hearing Examiner recommended that the Master Planned Devetopn'ient and Pr.elirninary Plat of Toscanna,' Phase 1, be approved. Council Action: DOC. INDEX • • TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER B Proposed Resolution ~w' ' 'DOC .�-� �, ,411 9,. DA`' + ; �s'�3 -.ice 1z-14. 7." ,i::' { ,x' th= aTL ." r+f�`- azY Cr" '.. s .e -,:r.. i� ..._ v-,..4„.. t B-1 Proposed Resolution 08/18/2009 • t 1 RESOLUTION NO. R -2009- A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Toscanna, LLC (hereinafter "Developer"), property owners, to provide for the terms and conditions for a Master Planned Development and Preliminary Plat of property located in the vicinity of Castlevale Road and Seattle Slew Run (hereinafter "Project"). WHEREAS, the City of Yakima (hereinafter "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 36.706.170 - .210; 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 Ordinance, which originally zoned the property Two -Family Residential; and WHEREAS, by application dated May 11, 2009, Developer proposed the planned development and subdivision of 11.05 acres of land, containing a portion of Assessor's Parcel Number 181315-31011, legally described in Exhibit "A", attached hereto and incorporated herein by this reference, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington (hereinafter "Subject Property"); and WHEREAS, on May 18, 2009, the City issued a Notice of Application, Environmental Review, and Public Hearing for the Project; and WHEREAS, on June 12, 2009, the City issued a Final Mitigated Determination of Nonsignificance for compliance with the State Environmental Policy Act; and WHEREAS, on July 9, 2009, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested Project; and WHEREAS, on July 22, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation") regarding PD#001-09 and PLP#001-09 recommending that the Project be approved, subject to conditions; and WHEREAS, at a closed -record public hearing held on August 18, 2009, the City Council considered the requested rezone, including the documents and other evidence, which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of YMC 15 23.030(E) and 15.15.040(E) are correct DOC. INDEX # g -I (jc)resfToscanna - Development Agreement and appropriate, and that the same should be adopted by the City Council as its findings herein; • and • WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decision for the execution of a development agreement between Developer and the City to implement the conditions set forth in the Final Decision; 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 Development Agreement, Exhibit "B", attached hereto and incorporated herein by this reference. 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 at a regular meeting and signed and approved this 18th day of August, 2009. ATTEST: City Clerk (jc)reslToscanna - Development Agreement David Edler, Mayor • • DOC. INDEX • 9 9 EXHIBIT "A" I,EGAI-DESCRIPTION: PARCEL A TWAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE I8 EAST, WI1., LYING SOUTHERLY AND EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY: AND THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYNG EASTERLY OF 114E RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY AND NORTHERLY OF A LINE BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTNUE:ST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 659.90 FEET SOUTH OF THE NORTHEAST CORNER THEREOF! THENCE NORTH 86.4000.LEST 1,115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF SAID CANAL: EXCEPT THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST COMER OF THE NORTHEAST QUARTER OF THE THE, QUARTER OF SAID SOUTHWEST QUARTER* THENCE SOUTH 89'59'18' EAST ALONG THE SOUTH LINE THEREOF 65819 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15: THENCE SOUTH 89'58'52' EAST ALONG 114E SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 15 A DISTANCE OF 69.11 FEET TO THE WESTERLY RIGHT OF WAY OF NORTH 40114 AVENUE, SAID PONT BEING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 105000 FEET: THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A CENTRAL ANGLE OF 0'09148', AN ARC LENGTH 2.99 FEET, SAID CURVE HAYING A CHORD BEARING OF NORTH 0221W EAST TO THE POINT" OF BEGINNING OF SAID LINE: THENCE NORTH 89'58'52' WEST 304.46 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF 225.00 FEET! THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 64'31109' AN ARC LENGTH OF 253.16 FEET: THENCE NORTH 25'21'42' WEST 466.12 FEET TO THE PONT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET: THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 33'0076' AN ARC LENGTH OF 86.41 FEET TO 114E YAKIMA VALLEY CANAL COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE. DOC. INDEX # $-1 • i TOSCANNA LLC i ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER C DRAFT Development Agreement — HE Recommendation C-1 Hearing Examiner's Recommendation 07/22/2009 C-2 DRAFT Development Agreement 08/18/2009 9 DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND TOSCANNA, LLC RECEIVED 20 CITYMAY OFI YAKIMK209 PLANNING DIV. THIS DEVELOPMENT AGREEMENT ("agreement") is entered into between the City of Yakima, a Washington municipal corporation ("City"), and Toscanna 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 portion single parcel of approximately 22.63 acres located along Castlevale Road across from the Seattle Slew Run Intersection, 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 66 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 Two Family Residential; and WHEREAS, the parties intend this agreement to guide the current and future uses of the property; now, therefore, Development Agreement - 1 DOC INDEX • RECEIVED MAY 12 2009 IN CONSIDERATION OF mutual benefits, the parties agree as follows: CITY OF YAKIM PLANNING DIV 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 66 single-family dwelling (common wall) on separate Iots together with accompanying amenities. The Developer's preliminary plat/planned development application has been filed with the City. Exhibit B contains information about the application. 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 , 2009, attached hereto as Exhibit C 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 H 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 , 2009, 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. 15.28. 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 developmenx 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 Open Space Management Plan attached hereto as Exhibit F and the Declaration of Covenants, Conditions, Restrictions and Easements for Toscanna attached hereto as Exhibit G. Both incorporated herein by this reference as if set forthin full. 3. 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 Development Agreement - 2 DOC. INDEX # • • • 9 i 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 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. 4. 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 Jall rights and remedies' provided by law or equity, including without limitation, damages, specific performance or writs to compel performance or require action consister4� with this agreement. .-�EIVED 5. No third party beneficiary. This agreement is made and entered into for the sole 1144Y .t 2 2009 protection and benefit of the parties hereto and their successors and assigns. No other t!F person shall have any right of action based upon any provision of this agreement. PUNNING DIVA 6. 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. 7. Term. This agreement shall continue m 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. Development Agreement - 3 DOC INDEX • MAY r 2 2009 CITY OF Y AKliyir PLANNING DIV 8. 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 o-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. 9. 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. 10. Modification of an approved master planned development overlay. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (1) review as defined in YMC Chapter 15.13. The administrative official shall review modifcations t� adopted master development plan andior development agreement as a minor modification if it has been determined that: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses; 4. The amendment does not materially change parking or traffic circulation within the development; Development Agreement - 4 DOC. INDEX # C.-2- • • 9 "FCEIVED 2 2009 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; ;,+ t' UF YAKIMA 6. The amendment does not materially impact the overall design of the approved PLANNING DIV. master plan; and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. Major modifications will undergo Type (3) review as defined in YMC Chapter 15.15 and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement.that is deemed to be more significant than a "minor modification", as described hereinabove. The following criteria are established to assist this determination: 11. Vesting: The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement is recorded, inclusive of specific conditions and standards set forth in said Development Agreement. The vesting period -shall be for the "Term" as stated in the development agreement and shall be agreed upon by the parties to the Development Agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the Development Agreement. Vesting of rights also include reservation of traffic capacity on public streets and roadways and capacity in public facilities such as sewer and water for a period of five (5) years. 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. VI 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. Development Agreement - 5 DOC INDEX # G-� • 15. Entire agreement. This agreement constitutes the entire agreement of the parties • and incorporates all prior discussions and agreements. • • AGREEMENT DATED this day of , 2009. CITY OF YAKIMA TOSCANNA, LLC, a Washington limited liability company By: By: Richard A. Zais, Jr. City Manager ATTEST: Deborah Moore City Clerk STATE OF WASHINGTON ) ss. County of Yakima Name: Title: RECEIVED MAY 2 2009 CITY OF YAKIkoi PLANNING DIV • 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: , 2009. Development Agreement - 6 Notary Public Residing at Commission expires: DOC. INDEX # G-3- 9 9 STATE OF WASHINGTON ) ) ss. County of Yakima ) RECEIVED MAY 1 2 2009 CITY OF YAK►mH PLANNING DIV. I certify that I know or have satisfactory evidence that personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Teammates, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2008. Development Agreement - 7 Notary Public Residing at Commission expires: DOC. INDEX # G-2- • City off Yakima, Washington Office of the Hearing Examiner • • RECEIVED JUL 2 2 20090 Cir}' OF YAK/M,' PLA Master Planned Development and ) File No. PD #001-09, PLP #001-09 Preliminary Subdivision Application ) By Envizage Development Group ) Hearing Examiner's Recommendation For the 66 Unit Toscanna I Development ) in the R-1 and R-2 Zone at Castlevale Rd. ) and Seattle Slew Run. - INTRODUCTION. Envizage Development Group applied for a Master Planned Development Zoning Overlay and Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the Hearing. Examiner and the applicant prior to the hearing. Staff analysis and recommendations for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road. The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMMARY OF RECOMMENDATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. DOC. INDEX • • O 1 1 JO 2 2 2Oyy CITY OF YAKIMA fi Based on the staff report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following FINDINGS. 1. APPLICANT. The applicant is Envizage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. OWNER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908. 3. LOCATION AND LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for unspecified future development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. CURRENT SITE CONDITIONS. An irrigation canal follows and demarcates the property's westem boundary. The western portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage easement runs from the southwest corner easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kern Road extends to the property from the east from its intersection with North 40°1 Avenue. Electrical and telecommunications services, natural gas, and public water and sewer services are available in the vicinity. Page 2 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX • 7. CURRENT ZONING AND USE. • The subject property is zoned Two -Family Residential (R-2) in the eastem portion and Single Family Residential (R -l) in the western portion. It was previously used as an orchard and contains a single family dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used for single family homes. Adjacent properties have the following characteristics: • • RECEIVED Location Zoning Land Use North R -1/B-1 Residential/Vacant Land JUL 2 2 2009 South R -1/R-2 Residential CITY OF YAKIMA West R-1 Residential 1T1 PLANNING DIV. East R -1/R-3 ResidentiallMobile Home Park 8. COMPREHENSIVE PLAN. The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRONMENTAL REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structtres, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The wwater purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3 of 12 Toscanna I PD #OOl-09, PLP #OO1-09 DOC. INDEX # G-( • • • 1 i 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. 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. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street desig i shall be reviewed and approved by City Engineeririg. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. The MDNS was not appealed. RECEIVED JUL 2 2 2009 CITY OF YAKINir, PLANNING DIV 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # C�r JUL 2 2 2009 10. PUBLIC NOTICES. CITY 17F 1`A PLANNING This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. MASTER PLANNED DEVELOPMENT OVERLAY ANALYSIS. a. Master Plan Overlay Review Criteria. Generally, allowable uses in .a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and f). Common wall units are single family residences sharing a common with other similar units at the lot boundary. Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in YMC §15.28.040.D, and findings regarding the criteria are set forth in turn below. b. Does the Master Plan Development application demonstrate the economic and efficient • use of land and provide for an integrated and consistent development plan for the site? The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide).. The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall residential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design? The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. • Page 5of12 Toscanna PD 1#001-09, PLP #001-09 • 110 DOC. INDEX • 9 i The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City Standards at the expense of Homeowners Association established by the Development Agreement (AFN ) pertaining to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of development is completed? This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. No agency or public comments indicate that the respective phases cannot stand alone in the event that other phases are not developed. f. Does the Master Planned Development contain design, landscaping, parking/trajfiic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential significant off-site impacts including noise, shading, glare, and traffic been identified and mitigation incorporated to the extent reasonable and practical? The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded RECEIvr-h Page 6 of 12 Toscanna 1 PD #001-09, PLP #001-09 JUL LAI i Ut- YAKIMA PLANNING DIV. DOC. INDEX # Gy/ • • • that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, resulting in the functional and visual appearance of one integrated project? The project is for a private/gated Master Planned Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. j. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district? There are no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this fording. k. Is the proposed development designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? • • This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVED 12. PRELIMINARY SUBDIVISION ANALYSIS a. Subdivision Review Criteria. JUL. 2 2 2009 CITY OF YAKIMA PLANNING DIV. Open record hearings on preliminary subdivision reviews are conducted to examine and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # G-1 • • 1 i 4. As required by Chapter 58.17 RCW, the proposed subdivision must make appropriate provisions for: a. Public health, safety and general welfare, b. Open spaces, RECE/ vED c. Drainage ways, d. Streets or roads, alleys, and other public ways, e. Transit stops, JUL 2 2 2009 f: Potable water supplies, irrigation and other water suppliers, CIT r OF 1„ g. Sanitary waste disposal, plANNhNG O/V k h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. Other planning features that assure safe walking conditions for students who walk to and from school; Based upon those standards the Hearing Examiner is to make a fording that the public use and interest will be served through the approval of the subdivision. See YMC 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the staff report, the proposal satisfied zoning standards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the draft Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX This compatibility is reflected in the supportive public comments received from neighbors during • the open record hearing. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by agencies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development standards. Those comments and proposed conditions are set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master Planned Development Overlay on the subject property, and, therefore ,serves the public use and interest. 13. JURISDICTION. 111 Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary PIat and Planned Development applications. • Based on the preceding findings, the Hearing Examiner makes the following CONCLUSIONS: • RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. 1. The Hearing Examiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and Planned Development applications.. 2. Subject to conditions identified through Planning Staff and Design Services Team review, the Master Planned Development Overlay application satisfactorily addresses the review criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as provided for YMC § 15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Page 9 of 12 Toscana I PD #001-09, PLP #001-09 DOC. INDEX # G_f • • 9 i 4. Subject to conditions identified through Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC, the preliminary plat of Toscanna I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) infrastructure, including public facilities and services needed to serve the development, and (4) the characteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicable review criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the preliminary plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. The application by Envizage Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and preliminary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application approval and shall be incorporated in the Development Agreement required for the Master Planned-- Development before its final execution. 2. All proposed construction is subject to plan review, inspections, and building permits. 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably unforeseen emergencies. Page 10 of 12 Toscanna I PD #001-09, PLP #001-09 RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX Lye. _� • • • B. Master Planned Development Overlay Conditions: JUL 2 2 2009 CITY OF YAKIM PLANNING Di 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo Type (2) Review. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. Prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association as provided in the Development Agreement, AFN " 3. 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). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the fmal plat. Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # Grl • • • 1 Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Stew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18:< 605 °Seattle Slew Run Lot 40:- 705 Seattle Slew Run Lot 62: • 839 • Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22nd DAY OF JULY, 2009. Page 12 of 12 Toscanna 1 PD #001-09, PLP #001-09 CK D. SPURGIN HE • G EXAMINER PRO TEM RECEIVED JUL 2 2 2009 CITY OF YAKIMt, PLANNING DV DOC. INDEX # G-1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. (PB For Meeting of: August 18, 2009 ITEM. TITLE: °Open Record public hearing on the proposed Development Agreement for the Master Planned Development/Preliminary Plat of Toscanna, Phase 1. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSONITELEPHONE: Joseph Calhoun, Assistant Planner, 509-575-6162 SUMMARY EXPLANATION: "Open Record public hearing to consider -a Development Agreement between the City of Yakima and Envizage Development Group for the proposed Master Planned Development/Preliminary Plat of Toscanna, Phase 1. The Development Agreement is a condition of approval for a Master Planned Development. On July 9, 2009, the Hearing Examiner held an 'Open Record" public hearing, to consider application. On July 22, 2009, the Hearing Ener issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. Resolution X Ordinance Contract Other Development Agreement Funding Source Approval For Submittal: City Manager STAFF RECOMMENDATION: Adopt the Resolution authorizing the signing of the Development Agreement. BOARD RECOMMENDATION: On July 22, 2009, the Hearing Examiner recommended that the Master Planned Development and Preliminary Plat of Toscanna,-Phase 1, be approved. COUNCIL ACTION: TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 City Council Closed Record Public Hearing for Long Plat August 18, 2009 Applicant File Number: Site Address: Staff Contact CHAPTER AA CHAPTER BB CHAPTER A CHAPTER B CHAPTER C CHAPTER D CHAPTER E CHAPTER F CHAPTER G CHAPTER H EXHIBIT LIST Toscanna LLC / Envizage Development Group PD#001-09, PLP#001-09, SETA#020-09 Vicinity of Fechter Road & North 40th Avenue Joseph Calhoun, Assistant Planner Table of Contents Proposed Resolution Hearing Examiner's Recommendation Staff Report Site Plan Maps DST Review & Agency Comments SEPA Checklist Applications Public Notices Supplemental Information e TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXIIBIT LIST CHAPTER AA Proposed Resolution 'sly I AA -1 Proposed Resolution for Adoption by City Council 08/18/2009 AA -2 Agenda Statement — City Council Closed Record Public Hearing 08/18/2009 • i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. A For Meeting of: August 18, 2009 ITEM TITLE: "Closed Record" public hearing to consider the Hearing Examiner's recommendation on the Preliminary Plat and Master Planned Development of Toscanna, Phase 1. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Joseph Calhoun, -Assistant Planner, 509-575-6162 SUMMARY EXPLANATION: Toscanna is a planned development / long plat submitted by Envizage Development Group that will subdivide approximately 11.05 acres of land into 66 common -wall Tots. This will be a gated community utilizing private streets with sidewalks on one side only. On July 9, 2009, the Hearing Examiner held an "Open Record" public hearing to consider this project. On July 22, 2009, the Hearing Examiner issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. Resolution X Ordinance Contract Other Hearing Examiner's Recommendation, Preliminary Plat Funding Source Approval For Submittal: City Manager Staff Recommendation: Accept the Hearing Examiner's recommendation. Board Recommendation: On July 22, 2009, the Hearing Examiner recommended that the Master Planned Development and Preliminary Plat of Toscanna, Phase 1, be approved. Council Action: DOC. INDEX •RESOLUTION NO. R-2009- _ • • • A RESOLUTION approving a preliminary long plat and planned development, for the Preliminary Plat of Toscanna, Phase 1, a sixty-six lot common -wall subdivision, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington. WHEREAS, on July 9, 2009, the Hearing Examiner held a public hearing to consider the application for a Master Planned Development / sixty-six lot common -wall subdivision known as Toscanna, Phase 1, submitted by Envizage Development Group (PLP #001-09 & PD #001-09); and, WHEREAS, on July 22, 2009, the Hearing Examiner issued his Recommendation for approval of the proposed plat subject to several conditions; and, WHEREAS, the proposed Application conforms with the City of Yakima Zoning Ordinance, Subdivision Ordinance, Development Standards Ordinance, and other applicable land use regulations; and, WHEREAS, at the Closed Record Public Meeting on August 18, 2009, after notice duly given according to the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff to prepare a resolution reflecting the same; and, WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Application; and, WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution. Section 2. Incorporation of Hearing Examiner's Recommendation and .Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of approval of the Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW § 58.17.110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. DOC. INDEX (jc)res(Foscanna Phase 1 � �a.s • i ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th day of August, 2009. ATTEST: City Clerk (jc)resiToscanna Phase 1 David Edler, Mayor DOC. INDEX SAA-� • • • Exhibit "A" Note: Please see DOC Index# BB -1 in this packet for Exhibit "A". ooc. INDEX 0 • TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER BB Hearing Examiner's Recommendation fig' ! .,'''''',..--.4 6 4. �A'p Y�-? tl �w µ r p ^e 4 . evis iti i. 'W .•�3 �a:yF '�'ii�. BB -1 Hearing Examiner's Recommendation "Exhibit A" 07/22/2009 • i City off Yald ma, Washington Ogee of i e Hearing Examiner Master Planned Development and Preliminary Subdivision Application By Envizage Develop ent Group For the 66 Unit Toscanna 1 Development in the R-1 and R-2 Zone at Castlevale Rd. and Seattle Slew Run. RECEIVED JUL 2 2 2009 CITY of YAK14.1PLANNING ott/� File No. PD #8011-09, PLP #001-09 Hearing Examiner's Recornmendatione INTRODUCTION. Envizage Development Group applied for a Master Planned Development Zoning Overlay and Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the Hearing Examiner and the applicant prior to the hearing. c' Staff analysis and recommendations for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMMARY OF RECOMMENDATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. DOC. INDEX 1313-/ • • • .,,C., Coe' JUL 2 2 2009 CITY OF ?AM 4 OHitalr Based on the staff report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following FINDINGS. 1. APPLICANT. The applicant is Envizage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. OWNER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908. 3. LOCATION AND LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for unspecified future development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. CURRENT SIT E CONDITIONS. An irrigation canal follows and demarcates the property's western boundary. The western portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage easement runs from the southwest comer easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kem Road extends to the property from the east from its intersection with North 401 Avenue. Electrical and telecommunications services, natural gas, and public water and sewer services are available in the vicinity. Page 2 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX s • 7. CURRENT ZONING AND USE. The subject property is zoned Two -Family Residential (R-2) in the eastern portion and Single Family Residential (R-1) in the western portion. It was previously used as an orchard and contains a single family dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used 'for single family homes. Adjacent properties have the following characteristics: RECEIVED Location Zoang Land Use North R -1B-1 ResidentialNacant Land JUL 2 2 2009 South R -1/R-2 Residential CITY OF YAKIMA West R-1 Residential pL}�P1Pd1iyG DIV. East R -1/R-3 Residential/Mobile Home Park 8. COMPREHENSIVE PLAN. The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRONMENTAL !REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # m • • • 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastem 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. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. 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. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street designishall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. RECEIVED The MDNS was not appealed. JUL 2 2 2009 PLANNING DIY OF V h 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX I1 • 10. PUBLIC NOTICES. nat:t141ED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. MASTER PLANNED DEVELOPMENT OVERLAY ANALYSIS. a. Master Plan Overlay Review Criteria. Generally, allowable uses in a residential ' Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and 0. Common wall units are single family residences sharing a common with other similar units at the lot boundary Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in YMC §15.28.040.D, and findings regarding the criteria are set forth in turn below. b. Does the Master Plan Development application demonstrate the economic and efficient use of land and provide for an integrated and consistent development plan for the site? The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide). The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall re idential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design? The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, toimplement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan_ Page 5 of 12 Toscana I PD #001-09, PLP #001-09 DOC. INDEX # 3g-1 • The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City Standards at the expense of Homeowners Association established by the Development Agreement (AFN ) pertaining to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of • development is completed? • This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. No agency or public comments indicate that the respective phases cannot stand alone in the event that other phases are not developed. f. Does the Master Planned Development contain design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential significant off-site impacts including noise, shading, glare, and traffic been identified and mitigation incorporated to the extent reasonable and practical? . The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded RECEIV -", Page 6of12 Toscanna I PD #001-09, PLP #001-09 JUL �1Y Uh YAIUnnti PLANNING DIV. DOC. INDEX # BB -I • • i that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, resulting in the functional and visual appearance of one integrated project? The project is for a private/gated Master Planned Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. j. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district? There are no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this finding. k. Is the proposed development designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVED 12. PREL ARY SUBDIVISION ANALYSIS a Subdivision Review Criteria. JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. Open record hearings on preliminary subdivision reviews are conducted to examine and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # • • • 4. As required by Chapter 58.1.7 RCW, the proposed subdivision must make appropriate provisions for: a. Public health, safety and general welfare, b. Open spaces, RECE'vED c. Drainage ways, d. Streets or roads, alleys, and other public ways, e. Transit stops, JUL 2 2 1003 f. Potable water supplies, irrigation and other water suppliers, OF`1" OF yq g. Sanitary waste disposal, PJAWING DISH h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. - Other planning features that assure safe walking conditions for students who walk to and from school; Based upon those standards the Hearing Examiner is to make a finding that the public use and interest will be served through the approval of the subdivision. See YMC 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the staff report, the proposal satisfied zoning standards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the. draft Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposeddevelopment is compatible with the following goals and policies_ of the Comprehensive Plan: Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX RR -I • i This compatibility is reflected in the supportive public comments received from neighbors during the open record hearing. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by agencies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development standards. Those comments and proposed conditions are set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch_ 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation;. playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master Planned Development Overlay on the subject property, and, therefore ,serves the public use and interest_ 13. JURISDICTION. Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. Based on the preceding findings, the Hearing Examiner makes the following CONCLUSIONS: CITY OF YAKIMA PLANNING DIV. 1. The Hearing Examiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and Planned Development applications.. RECEIVED JUL 2 2 2009 2. Subject to conditions identified through Planning Staff and Design Services Team review, the Master Planned Development Overlay application satisfactorily addresses the review criteria set out in YMC § 15.28.040.D, and suitable for inclusion m a Development Agreement as provided for YMC § 15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) -Review, as required by YMC § 15.25.080. Page 9of12 Toscana I PD #001-09, PLP #001-09 DOC. INDEX # Be-/ •4. Subject to conditions identified through Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC, the preliminary plat of Toscana I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) infrastructure, including public facilities and services needed to serve the development, and (4) the characteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. • • 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicable review criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the preliminary plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. ION. The application by Envizage Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and preliminary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application,approval and shall be incorporated in the Development Agreement required for the Master Planned Development before its final execution. 2. All proposed construction is subject to plan review, inspections, and building pennits. 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably unforeseen emergencies. Page IO of 12 Toscanna I PD #001-09, PLP #001-09 RECEIVED JUL 2 2 2009 Girt OF YAKIMA PLANNING DIV. DOC. INDEX #A3- • i i B. Master Planned Development Overlay Conditions: .-..�• v SLI JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo Type (2) Review. C. Subdivision Conditions for Final Plat 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating 'The streets within this plat are private and do not meet the standards for public streets. 4Prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association as provided in the Development Agreement, AFN ." 3. 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). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the final plat. Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Rim Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX • • • Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 ' Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22nd DAY OF JULY, 2009. Page 12 of 12 Toscanna I PD #001-09, PLP #001-09 RECEIVED JUL. 2 2 2009 CITE OF YAK:Mt. PLANNING On/ DOC. INDEX # BR—I • TOSCANNA LLC / ENYIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER A Staff Report E � '? B .lt .,tx f ----r-4-''.&f,-,14-7,,,,.7-'4,.;',23„:4.-1•.-," B �TZ�"4lfy( � r y r 'r --e_,w,r dx�fH 1P .• •'�. r,"... -,1---.,1u.: � ,d - _,...0. r A-1 Staff Report 07/09/2009 • i i City of Yakima, Washington Division of Environmental Planning Staff Report Hearing Examiner Public Hearing July 9, 2009 Planned Development, Preliminary Long Plat, and SEPA Environmental review, known as Toscanna Phase 1. PD #001-09 PLP #001-09 Staff Contact: Joseph Calhoun Assistant Planner REQUEST The proposed Master Planned Development is, a 66 -lot common -wall subdivision in the -Two - Family Residential (R-2) zoning district. SEPA environmental review was required for subdivision and the number of proposed dwelling units. The subject property is in the vicinity of .Castlevale Road and Seattle Slew Run. SUMMARY OF RECOMMENDATION Staff recommends that this application be approved, subject to conditions. FINDINGS APPLICANT: Envizage Development Group, 200 Galloway Drive, Yakima, WA 98908 LOCATION: Vicinity of Castlevale Road and Seattle Slew Run PARCEL NO: 181315-31011 HEARING EXAMINER JURISDICTION Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. BACKGROUND On May 11, 2009, the City of Yakima, Planning Division, received Master Planned Development, Preliminary Long Plat, and SEPA Environmental Review applications from Envizage Development Group. A previous application to construct duplexes and multi -family dwelling units on the subject property was denied. ZONING AND LAND USE The subject property is zoned Two -Family Residential (R-2). The R-2 zoning district is intended to establish and preserve residential neighborhoods for detached single-family dwellings and duplexes and other uses compatible with the intent of the district; and to locate residential development with densities up to twelve dwelling units per acre in areas receiving a full range of public services including public water and sewer service, police and fire protection. The district is characterized by up to fifty percent lot coverage, access via local access streets and collectors, one and two story buildings, some clustering of units, and large front, rear and side yard setbacks. (YMC § 15.03.020(C)). The property was previously used as an orchard and contains a single family dwelling and accessory buildings which are to be demolished. Adjacent properties have the following characteristics: Toscanna LLC 1 INDEX PD #001-09; PLP #001-09 # 4-1 • Location Zoning Land Use North R -1B-1 Residential/Vacant Land South R -1/R-2 Residential West R-1 Residential East R -1/R-3 Residential/Mobile Home Park ZONING ORDINANCE Planned Development: A Master Planned Development Overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities (YMC § 15.28.010(A)). A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets; utilities, public facilities, and appurtenant common open space and recreational facilities, or other areas or facilities. A residential Master Planned Development is authorized in any residential zone. The residential Master Planned. Development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units (YMC § 15.28.020(A)). Uses in a residential Master Planned Development include: one -family, two-family and multi- family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type • (1), (2), or (3) review as set forth in Table 4-1 (YMC § 15.28.020(B)(1)(a, b and f)). Master Planned Development - Review Criteria: The Hearing Examiner shall evaluate a Master Planned Development application and other evidence submitted into the record, and shall issue a recommendation based upon the following considerations and criteria (staff response in italics): 1. The Master Plan Development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards �f the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 feet wide). The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. 2. The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Toscana LLC PD #OOl-09; PLP #OOl-09 2 DOC. INDEX A,I • • • 1 The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet City Standards. The only deviation from City Standards is the proposed sidewalk on one side of the private streets. This is acceptable to City Engineering, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be reconstructed to meet the City Standards at that time." 3. Consideration shall be given to "low impact development" concepts. "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. 4. There will be adequate infrastructure capacity available by the time each phase of development is completed_ This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. 5. The Master Planned Development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques. The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. 6. All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical. This requirement has been satisfied. The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. Toscanna LLC PD #001-09; PLP #001-09 3 DOC. INDEX # A -I • • • 7. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, and results in the functional and visual appearance of one integrated project. The project is for a private/gated Master Planned Development. Open spaces for the use of residents is provided for. Sidewalks are provided on one side of the interior private streets. 8. The proposed project is not adverse to the public health, safety, or welfare. The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. 9. The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. There are no modifications being requested to the development standards of the R-2 zoning district. The request to have sidewalk on one side of the private streets does not have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this finding. 10. The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima. Does not apply. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. Development Agreement: A draft Development Agreement was submitted as part of the application for a Planned Development. The following elements, from YMC § 15.28.030(B)(5), are part of the Development Agreement: 1. Narrative description of project and objectives; 2. Summary of development standards; 3. Site plan elements; 4. Development phasing, including times of performance to preserve vesting; 5. Public rreetirzg summaries; 6. Performance standards and conditions addressing the above items; 7. Criteria for determining Major vs. Minor modifications and amendments; and, 8. Property owner signature. The draft Development Agreement shall be modified, as necessary, to include a summary of this and future public meetings. The Minor Modifications section (Toscanna Development Agreement, p. 4-5) shall be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Site Design and Improvement Standards: YMC Ch. 15.05 is designed to establish certain basic development requirements. These are the minimum requirements to assure land use compatibility and promote the public health, safety and welfare. The proposed project meets development requirements as follows: Toscanna LLC PD #001-09; PLP #001-09 4 DOC. INDEX # *- I • • i Maximum Lot Coverage: Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. The intent in the R-2 district is to provide areas for landscaping and recreation. The maximum lot coverage in the R- 2 district is 50%. The applicant indicates that 50% lot coverage will be the maximum for the common -wall lots. The proposed common lawn areas will provide additional space for landscaping and recreation. Structure Setbacks: In the residential districts, structure setbacks are intended to provide light, air and emergency access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoining property owners (YMC § 15.05.020(D)). The proposed development meets all applicable setback standards for the R-2 zone. Maximum Building Height: The maximum building height in the R-2 zoning district is 35 - feet (YMC Ch. 15.05, Table 5-1). The tallest proposed building height is 35 -feet, which meets the standard. Sitescreening: The purpose of YMC Ch. 15.07 is to: establish sitescreening standards to provide a visual buffer between uses of different intensity, streets, and structures; reduce erosion and stormwater runoff; protect property values; and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, buildings or parking areas. The developer is proposing Sitescreening Standard "C" along the east and south property lines, adjacent to the mobile home park. SUBDIVISION This preliminary subdivision adheres to the following standards of YMC § 14.20.100(A)(1-5): 1. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. 2. The proposed subdivision is consistent with the City of Yakima's Comprehensive plan. The future land use designation of the property is Medium Density Residential. 3. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance. 4. As required by RCW Ch. 58.17, the proposed subdivision makes appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe waking conditions for students who walk to and from school. 5. The proposed subdivision serves the public use and interest. YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. The medium density residential future land use designation is characterized by a mixture of single family detached residences and duplexes, with a variety of Toscanna LLC PD #001-09; PLP #0OI-09 DOC 5 INDEX # A-� • • • other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Policy 3.2.1: Goal 3.3: Policy 33.2: Policy 5.3.2: Build sustainable new neighborhoods. For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Preserve existing neighborhoods. Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. . DEVELOPMENT SERVICES TEAM (DST) A DST meeting was held for this project on May 27, 2009. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed. Code Administration: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening the gate by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the, gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posed on one or both sides of the fire department access road as required by Section D103.6.1 of D103.6.2. Toscamta LLC - PD #001-09; PLP #001-09 6 DOC. INDEX A-► • i In review of the City Engineer and staff, we are requiring Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20 -feet of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. Lot 1: ., - - v 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Iot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8• 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 . Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10• 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13. 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15 • 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: _ 847 Seattle Slew Run Department of Ecology: An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, Toscanna LLC PD #001-09; PLP #001-09 7 DOC. INDEX A-1 • • • purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to RCW § 90.03.380 and RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. Engineering: The developer is planning to construct 66 common -wall dwelling units. The streets are planned to be private streets with sidewalks on one side of the street. These streets do not match our standard city street. If this development in the future intends these streets to become standard city streets, the developer will be required to meet and redo the streets to meet standards in place at the time of turning to the public road system. Stormwater: The applicant states that stormwater will be routed to water quality detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run-off, or excessive waste water." Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm (the 6 month, 24 hour storm), and any runoffbeyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed professional engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. Traffic Engineering: Traffic Concurrency Review is required. Wastewater: The applicant's plans provide for sewer extension to properties adjacent to this planned development. Sewer line sizes to be determined during formal plan review. The 12 - inch stub to the existing lift station near the canal to be extended when development occurs on the remaining property. Water: There are existing 12 -inch and 8 -inch waterlines in Castlevale Road, and an existing 12 - inch waterline in Kern Way. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street connect to the existing waterline in Castlevale Rd. and in Kem Way. Size of waterline will be dependent on the required fireflow for the buildings. Placement of hydrants shall be addressed during the plan review phase. Yakima Regional Clean Air Agency (YRCAA): Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Agency (YRCAA). Burning is prohibited at all times during land clearing. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. Toscanna LLC PD #001-09; PLP #001-09 8 DOC INDEX 8 • • • i i TRAFFIC CONCURRENCY ORDINANCE This application has been reviewed and approved (May 20, 2009) for consistency with YMC Ch. 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial sheet system and reserve capacity exists on all impacted streets. This project is expected to generate 34 PM Peak Hour Trips. ENVIRONMENTAL REVIEW The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. , Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 6. The applicant will be required to retain the water quality storm on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the. DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. Toscanna LLC PD #001-09; PLP #001-09 9 DOC. INDEX 4-J • • • 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. 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. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineenng. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. PUBLIC -NOTICE AND REVIEW This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. PROJECT CONSISTENCY During project review, it has been determined that this request is consistent with YMC § 16.16.020(A) for making a determination of Consistency as follows: a. The proposed common -wall units are Class (1) land uses in the R-2 zoning district; b. The density of the development is 9.63 units per acre, which is compatible with the R-2 zoning district and the Medium Density Residential Future Land Use Designation; c. Adequate public facilities are available to serve this site; and d. The proposed common wall units shall meet all applicable development standards for construction in the R-2 zoning district. CONCLUSIONS 1. The proposed development is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan and the applicable standards of the Yakima Urban Area Zoning Ordinance and Subdivision Ordinance. 2. This project was reviewed and approved under the Transportation Concurrency. Ordinance on May 20, 2009. 3. This project was subject to SEPA Environmental Review. An MDNS was issued on June 12, 2009, and contained 18 mitigation measures. 4. No written comments were received. RECOMMENDATION Staff recommends approval of the proposed Planned Development and Preliminary Long Plat of Toscanna Phase 1, subject to the following conditions: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be complied with. 2. All proposed construction is subject to plan review, inspections, and building permits. DOC. lo INDEX # A- Toscanna LLC PD #001-09; PLP #001-09 • • B. 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 recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. As a condition of the Development Agreement the streets within the planned development shall be required to be private and shall never be accepted by the City of Yakima as public streets, unless reconstructed to City Standards. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications shall be changed so that Minor Modifications will undergo Type (2) Review. 5. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09) shall be complied with. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be reconstructed to meet the City Standards at that time." 3. 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). 4. All addresses shall be as specified in the findings of this report and must be clearly shown on the face of the final plat. In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. Toscanna LLC PD #001-09; PLP #001-09 11 DOC INDEX # A -J • i TOSCMNNA LLC / ENVIZAGE DEVELO MENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHI IT LIST CHAPTER B Site Plans ,�II7t i i7 ,jl \�� _A 11�4_.. Sc na-..t `'=.` `' - 'T`U�,s- `x�k'j si h ys�� -�.�r{ �`szt t.l'-?',...3'"ztF y' v ,i' -‘,. t t c ,Gi�'€Y'0�*'+n i � sy �' v+i�'�i .S l.. •"'. _ _ -cY..t�,nk-:.a .,4fe'rw -_ ,..sl ti:-., s�""` .� B-1 Site` Plan Checklist 05/11/2009 B-2 Site Plans 05/14/2009 • • .a woe 041-4-.es11rl rear r - IL — - — • Pimini11111111111111 ;11, NM/11119 !haul Oh ,111phi 111119,..1111151 ; '4[11111:4 lit 5R1111Ri1eo:5i ci:E 112 1111105-1 d 5 'a .. eD m 7 ,( _�' ��,©�iii1:1111 111111 „4.,:iili Igo t I, No/ I valeulLw'_1; 11.111111 ' ' FPI. ____:_______ _____ .„ tom -4-__-„--,_--, ---- ---- , ,--,,, �>o , , -------_____._:::-.-•,....›,,,,, \ Com'` _�--,,N,\ \------- ._ \—____--------A,_ ",-\\__ 44g; lilp r+:omCTMa Olin v.wwn . car) nous was 6-0-0e umr UV. Saar Tonna Development Yakima, WA 8@I IOOIG Street SW. Smote A Lakewood. Wd.eettAf 064911010 �'l7R7 • .O2aE- .00 RP OW nae+ . 101109 n a.a Rai . 908i 01 X14,;• \JJ\\QO'C\J\`•' - - / /, /\/,`,/,`r,l/j\/%• /_f /i+IsI�<`\�\iIe\` \\i/`�\i/.�•`i/`\i/\`iI\`\i \ , ,odxI- Karma moimmanr mrz 5 rr �t oto I.Wmf. me r tonna mw —. arta ut nrtaa Ammar *AMY Pr. CITY OF YAK/MA RESIDENTIAL ROAD SECTION R-05 (MODIFIED WITH ROLLED CURB & SIDEWALK) KOOS arra Maras 10 aurz !aow*�inn meat .00•001a Pi 0,0P 5 CONOWIT POPY. COOP 10. /80 010.10 OOP., ma TYPICAL ROADWAY SECTION B -B v.. f.r Q Y J O • a ▪ 001�a JQ„ .4�- OMR Ra a0.1 Roo • P mat is II* a RR I. 80001 01AL UR MB Ira 1(IN W044:4 iia-, / / n,Cn� �(`�� �\!r "4 ri \\\\r\/\\\\ t\ \\ ` �a aA I� \� 00 r Iml2ta mM OIpm real 0. QKn OP. Ya tonna a.a —111767r1 t 0.1. P. 00 aim. tonna m. On. alef tonna OP ream romp °J'W"araiwm CITY OF YAKIMA RESIDENTIAL ROAD SECTION R-05 (MODIFIED WITH ROLLED CURB & PARALLEL PARKING) w+e . 000011 :o 00m1i000.001. <` TYPICAL ROADWAY SECTION A -A r u r a Typical Curb Isometric MT IC VGA. RECEIVED MAY 1 4 2009 WY OF YAIUMA RAM%mv. N3 Individual Lot Key Casey Group Architects Architecture And Planning 0 P3 TO A.PCO .oar _.e., im, ; it A ,11_ ` 0' ,, / �/IM X47 413M ,. Individual Lot Key Casey Group Architects Architecture And Planning 0 P3 • SITE PLAN CHECKLIST Please complete this checklist and include with your site plan. The site plan must contain all pertinent information. Items not applicable to the proposed project shall be so noted. Please contact Planning Staff should you have any questions. ChecOall boxes as: 41 Included or - Not Applicable 2 1. The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but not less than 8.5" X 11" for Class (1) projects and II" X 17" for Class (2) and Class (3) projects. ▪ 2. All site plans shall be drawn to a standard engineering scale and indicated on the site plan. The scale selected shall best fit the paper. Planning staff recommends 1"=20'. 2 3. Site address, parcel number(s) and zoning designation of subject property. /� RECEIVE®, X 4. Property boundaries and dimensions. 2 5. Names and dimensions of all existing streets bounding the site. MAY 1 1 2009 2 6. Dimensions, location and use of proposed and existing structures. CITYA e(' YAKI 9 7. Structure setbacks. r KING DIV X 8. North Arrow. k 9. Lot coverage with calculations shown on site plan. 9 10. Location and size of any easements. 9 11. Location and type of existing and proposed landscaping including landscaping located within the public right-of-way 12. Location and size of existing and proposed side sewer and water service lines. Xl 13. Adjacent land uses and zoning designations. ❑ 14 Location and size of all parking spaces shown on the site plan. N . A. 21 15. Location and dimensions of proposed or existing driveway approaches. XJ 16. Vision clearance triangles at street intersections (80 -feet) and where driveways and curb cuts intersect with streets (15 -feet). XI 17 Location and size of proposed or existing signs. O 18. Location and size of required site drainage facilities including on-site retention. pending XJ 19 Location, type and description of required site screening. tic 20: Location and size of existing or proposed public sidewalks that are within 200 -feet and on the same side of the street as subject property. Pending o 21. Location and size of proposed and existing loading docks. N.A. tX 22. Proposed improvements located within the public right-of-way. Cjc 23 Name, address, phone number and signature of the owner or person responsible for the proposed project. Note: Planning Division or reviewing official may require additional information to clarify the proposal, assess its impacts, or determine compliance with the YMC and other laws and regulations. Revised 8-04 DOC. INDEX - r i t TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER C Maps 35 0.--;',.0115,-4---,4•�`3.'iy..�.. t"i{Y.. . .-r_<. p '> .., 05/12/2009 `� �r �' ,T? +C. _4.4" i. T- y- ) C4•.....i44.-Y ,n, .7'C 5 :s..-0. y a� ^` 4"' `�`�,-,-.,-,.).--%...T.,.'M. �". ! moi• '+ .N`�,,t , le i ` f uL4� ''` ,q'5- .5*• C-1 . , Maps: Mailing, Vicinity, Aerial, Atlas im Itoa P Mil I 11111 a In I I IL L I k Abo %VI I PljaleA. ir r . 0 I :141,44 1119 I ° w AM iniA : . 4.0.• 0"11110 I P Iva_ imm. 4# P."? two vim" .• A 41 MI 1111 81114 IIII MUM ai mil NNW 4 m • 1111 Milt • 111 III NMI _ 7 *Imams OW idlederte • Z „1.40/71411V5 RACE Do n] m. MIN Gado. liellby CITY OF Y�AKI�MA�,, WASHINGTON V ICIN1 a i MAP FILE NO: PD001-09 PLP001-09 SEPA020-09 PLICANT: Envizage Development QUEST: Construct 66 common wall units. Planned Development. LOCATION: Vic Fechter RD/N 40th Ave 111 DOC - INDEX C-1 0 z aha ®®A Subject Property Yakima City Limits • Scale -lin = 400ft 0 200 400 osemrnn 05/I2/09 iii iii 465 32454 CITY OF YAKIMA, WASHINGTON FILE NO: PD001-09 PLP001-09 SEPA020-09 APPLICANT: Envizage Development REQUEST: Construct 66 common wall units. Planned Development. DOC. LOCATION: Vic Fechter RD/N 40th Ave INDEX PARCEL NUMBER(S):18131531011 6 G I O1IU Property Notices At Subject Site 0 200 400 !marina 05/12109 CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO: PD001-09 PLP001-09 SEPA020-09 APPLICANT Envizaze Development DOC. REQUEST. Construct 66 common wall units. Planned INDEX Development. LOCATION. Vic Pechter RD/N 40th Ave sac -tin = 400tt 200 400 N Subject Property . Yakima City Limits 1,t taicarota 0542;09 PD001-09 PLP001-09 SEPA020-09 Envizage Development Construct 66 common wall units. Planned ligPvelopment. ic Fechter RD/N 40th Ave 1* Subject Property City Limits cumErazoto",-; .1 SR Suburban R, a1 R-1 Single-Fainily R-2 Two -Family Residential 421A RJ Multi -Panay Residennal 27.21 B-1 Professional &mines., EZ 8-2 Local Busmess FIB Ifirtorical 8unness SCC Small Convenience Center LCC Large Convenience Center CBD Central Busmess District GC General Commercial M-1 Light Indus:nal ad AS Airport Support 1.2'] RD Regional Development Scale — t in = 400ft ilimatammings=2 0 200 400 bscanna City of Yakima,. Washington= May 12, 2009 c - PD001-09 PLP001-09 SEPA020-09 • • • Current Zoning FETCHER RD - AET :JO 0 Future Land Use FETCHER So EsrnA 14,30ovr,Ant ; . "'E".4:9*"4640-Si.D'''.' ' ,,...• -...---i-j..-... . 4:-- . 1: Yakima Water & Sewer 4 -LI 1 lea, Digital Orthophoto CC" tot +lin." 0111.A.10/ WI or comm.'', Cab *cfrolotOL 0.211,1•1100. 1. hare, ,Ger.$rtrol. Wmouvrm SOV,748.,1 • i TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#00109, SEPA#020-09 EXHIBIT LIST CHAPTER D DST Review & Agency Comments a, _a rt e 1fi�M'�.' ,,,..t•r"*,G, ‘,4-i, -"v'�t s .'.-��� �� tF:ffx 4'c " � �-e n. *S�,.��"_ � AixvCi"'m.4. z�i v'3Aari. tzi 4 • •rS B , vii k....drs---.t D-1 DST Distribution List and Request for Comments 05/13/2009 D-2 Preliminary Addressing — Code Administration 05/15/2009 D-3 Comments received from Robert Smoot, Yakima Valley Canal Company 05/19/2009 D-4 Transportation Concurrency Analysis, Joan Davenport 05/20/2009 D-5 Comments received from Mike Shane, Water/Irrigation Division 05/20/2009 D-6 Comments received from Randy Meloy, Engineering Division 05/27/2009 D-7 Comments received from Shelley Willson, Wastewater Division 05/27/2009 D-8 Comments received from Gwen Clear, Department of Ecology 05/27/2009 D-9 Comments received from Yakima Air Terminal 05/28/2009 D-10 Comments received from Hasan Tahat, Yakima Regional Clean Air Agency 05/29/2009 D-11 Cominents_received from Mike Anti anti, Engineering Division 05/29/2009 D-12 Comments received from Sandy Cox, Plans Examiner II 06/08/2009 • • Page 1 of 2 Calhoun, Joseph From: Cox, Sandy Sent: Monday, June 08, 2009 9:42 AM To: Calhoun, Joseph Subject: Toscanna Development To: Joseph Calhoun From: Sandy Cox Plans Examiner II City of Yakima Re: Toscanna Planned Development RECEIVED JUN 0 8 2009 DIY OF?ANNA PINING Olt Fire hydrant placement will be discussed when civil designs for the watermain extension come in for review. Plan review, permits and inspections are required for structures prior to occupancy per Section 105 of the 2006 International Residential Code. The slope of this project may require engineered retaining walls between parcels and engineering reports if structures are set into the hillside. Public Services: Fire and Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all tunes and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening the gate by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches highand have red letters on a white reflecbackground. 6/8/2009 INDEX 0 —I 0 • • • Page 2 of 2 Signs shall be posed on one or both sides of the fire department access road as required by Section D103.6.1 of D103.6.2. In review of the City Engineer and staff, we are requiring Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20' of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. 6/8/2009 RECEIVED JUN 0 8 2009 CITY OF YAKIMA PLANNING DIV, DOC. INDEX # n--/ • i i Memorandum Calhoun, Joseph From: Antijunti, Mike Sent: Friday, May 29, 2009 11:37 AM To: Calhoun, Joseph Subject: en0081.2.doc RECEIVED MAY 2 9 2009 CITY OF YAKIMA PLANNING DIV. City of Yakima Engineering Memorandum Date: May 29, 2009 To: Joseph Calhoun, Assistant Planner From: Mike Antijunti, Development Engineer Subject: Project # EN0081 Toscanna Development The developer is planning to construct 66 common wall dwelling units. Page 1 of 2 The streets are planned to be private streets with sidewalks on one side of the street. These streets do not match our standard city street. If this development in the future intends these streets to become standard city streets, the developer will be required to meet and redo the streets to meet standards in place at the time of turning to the public road system. The sewer needs to planned in a way to abandon the lift station in the area and run gravity flow into the City of Yakima Wastewater Collection System. The water is served by the City of Yakima. All storm water will be retained on site. Mike Antijunti Development Engineer 6/3/2009 DOC. INDEX # Y.AKIMA REGIONAL May 28, 2009 329 :North First Street, Yakima [FA 98( Phone: (509) 834-2050 Fax: (509) 834-20 r Website: irttp://wwu'..vak.imacleanair.or; Mr. Joseph Calhoun, Assistant Planning Manager Planning Division City of Yakima 129 North Second Street, 2nd Floor Yakima, WA 98901 RECEIVED MAY 2 9 2009 CITY OF YAKIMA PLANNING DIV. RE: SEPA #020-09; PD #001-09; PLP #001-09 — Toscanna Planned Development Dear Mr. Calhoun: Thank you for providing -the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and comment on SEPA #020-09 – Proposal for 66 Single Family Dwellings (common wall) on 4,000 sq. ft. minimum lots to be located on approx. 11.05 acres of 22.63 acre site on Castlevale Rd., across from the Seattle Slew run Intersection, Yakima, WA. • Following review YRCAA has the following comment(s): 1. Prior to demolishing any structures an asbestos survey must be done by a certified asbestos building inspector; 2. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; 3. A Notification of Demolition and Renovation (NODR) application must be filed with YRCAA and the appropriate fee should be paid; 4. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA, prior to the start of any of the work; and 5. This project is located within Yakima's Urban Growth Area; therefore, burning is prohibited at all times. Thank you for the opportunity to connect with the city's continued support -in -protecting the air quality in Yakima County. Best reg .� • Hasan M. Tahat,'Ph.D. Engineering and Planning Division Supervisor Cc: Proponent and File DOC. INDEX # 0-10 1 1 •..vv 1. l...i 1 CI P. i m 0 f\ 11 101 m 11101 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Divides 129 North Second Suet, 2nd Floor Yakima, Washington 98901 (509) 575-6183 0 Fax (509) 575-6105 a www.cLyakiata.wa.us tai VV4/VIC Y 240 ‘WWA.senNGTOPIAVE. YAkimA. WA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC MAILING DATE: May 1 g, 2009 TO: Applicant, Adjoining Property Owners, SEPA Reviewing Agencies FROM: m Com CED Director APPLICANT: Toscana= LLC SUBJECT: Notice of Planned - Development, Preliminary ` Long Plat, and SEFA Environmental Review 1 Number(s): PD #001-09; PLP #001-09; SEPA #020-09 Tax !Parcel Number: 181315-31011. Date of Application: May 11, 2009 Date of Application Completeness: May 14, 2009 CT D ESCRIPT1 ON RECEIVED MAY 2 8 2008 CITY OF YAKIMR PLANNING Dbv The proposal is for a residential punned development, a preliminary long plat craft common -wall lots (plus common area tract). and SEPA environmental review. The proposed development will be gated and contain private streets. Common -wall dwelling units are Class (1) uses in the R-2 zoning district. The subject property is in the vicinity of Castlevale Road and Seattle Slew Run. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 197-11- 800 Categorical Exemptions (1) M1 or new construction — Flexible thresholds as this action involves the construction of more than 20 dwelling units in the R-2 zoning district. Thus, an environmental review is required. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non- Significance (MDNS) on this project The optional WAC 197-11-355 process is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. This moray be year only opportunity to comment on the environmental impacts of this proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. Tosca LLC Flroiae or Applicetiert. Enviiun,n lmnl Rc'idew aid Pubtia !Tearing DOC. INDEX l n _ 1 Yakima '111P? • • • RECEIVED MAY 2 7 2009 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF YAKIMA 15 W Yakima Ave, Ste 200 a Yakima, WA 98902-3452 0 (509) 575-2490 PLANNING DIY May 21, 2009 Joseph, Calhoun City of Yakima Dept. of Community Development 128 North 2nd Street Yakima, WA 98901 Dear Mr. Calhoun: Thank you for the opportunity to comment on the pre -threshold determination for the Toscana Planned Development consisting of 66 common wall lots, proposed by Toscanna, LLC [PD 001-09 / SEPA 020-09]. We have reviewed the environmental checklist and have the following comment. Water Quality Project Greater -Than 1 Acre with Potential to Discharge Off -Site An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original SEPA does not disclose all proposed activities. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm• drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. DOC INDEX • i 1 Mr. Calhoun May 21, 2009 Page 2 of 2 RECEIVED MAY 2 7 2009 CITY OF YAKIMA PLANNING DIV. More information on the stormwater program may be found on Ecology's stormwater website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/ . Please submit an application or contact Lynda Jamison at the Dept. of Ecology, (509) 575-2434, with questions about this permit. Water Resources 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. Information for the applicant: If you plan to use water for dust suppression at your site, be sure that you have a legal right. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. (Chapter 90.03 RCW Surface Water Code and Chapter 90.44 RCW Regulation of Public Ground Waters) If in doubt, check with the Department of Ecology, Water Resources Program. Temporary permits may be obtainable in a short time -period. The concern of Water Resources is for existing water rights. In some instances water may need to be obtained from a different area and hauled in or from an existing water right holder. If you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454-7647. Sincerely, Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575-2012 555 DOC. INDEX • • • DATE: TO: FROM: SUBJECT: PROPOSAL: LOCATION: PARCEL # Wastewater Division May 27, 2009 Joseph Calhoun, Assistant Planner Shelley Willson, Utility Engineer Toscanna Planned Development/Preliminary Plat PD #001-09, PLP #001-09, SEPA #020-09 Vicinity of 40`h Avenue and Castlevale 181315-31011 2220 E. Viola Yakima, WA 98901 RECEIVED MAY 2 7 2009 F YAKIM CITY ANNI G DIV. Recommend consideration of a dedicated utility easement from Planned Development to existing lift station, to protect future sewer line placement. Applicant's plans provide for sewer extension to properties adjacent to this planned development, as was previously requested.. Engineering division shguld check proposed right-of-way dedications for public sewer lines to determine if they are adequate — noted a 10' right-of-way called out for the sewer near lot 6. Is this an additional 10', or only a 10' right-of-way dedication? Applicable connection fees shall be applied. Public Utility easements for wastewater pipes shall allow for access of wastewater equipment to all sewer manholes and clean -outs. A proper surface to accommodate these vehicles shall be provided and maintained by the property owner. Access shall not be blocked by fences. The property owner should not plant landscaping or construct permanent or temporary structures within the easement. In the event that access or repairs cause the removal of any fences, structures or landscaping, the property owner shall assume the risk and costs associated with the removal and /or replacement. In addition, the owner shall assume all liability for any claims filed in association with property damage caused directly from a sewer back up from the sewer pipes in which the City's access was blocked or hampered by the property owner. DOC. INDEX 0 City• of Yakima Engineering g i t Memorandum Date: May 27, 2009 To: Joseph Calhoun Assistant Planner From: Randy Meloy Surface Water Engineer Subject: SEPA #020-09 Toscanna Planned Development/Preliminary Plat Vicinity of 40`h and Castlevale RECEIVED MAY 2 7 2009 Of YAkiivi PLLAQ 41NG DVr P Joseph, The applicant states that stormwater will be routed to water quality and detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run- off, or excessive or waste water;...". Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm, and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. UIC Registration - Stormwater In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Number 05-10-067, Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. DOC. INDEX • • • Therefore, if UIC wells are used in the drainage design, the UIC wells must be registered with DOE and a copy of the DOE UTC Well registration form with a Professional Engineer's stamp and signature for each well shall be delivered to the City of Yakima's Surface Water Engineer before final project approval shall be granted. Randy Meloy Surface Water Engineer City of Yakima (509) 576-6606 RECEIVED MAY' 2-. 7- 2QOS CITY OF YAKIM PLANNING DIV~ DOC. INDEX 6 0- (p • Water/irrigation DST Comments Toscana, LLC Comments Submitted By: �IIIApplicant: LOcatlon: 4200 Castlevaile Rd Mike Shane, Water/Irrigation Engineer.- 576-6480 Parcel #: 181315-3101 Division: Date: 5/27/2009��V��1II ? Water/irrigationDivision 1= 2= m primary aewndary review review.,Development s a V Description: MAY 2 0 2009 'PD #001-09, PLP #001-09 S SEPA #020-09 - Planned Development consisting of 66 common wall units on individual lots. CITY OF YAKIMA s PLANNING DIV_ WATER 8 IRRIGATION Existing looped 12" and 8" waterline in Castlevale Rd. Two existing 8" waterline stubs to site off of Castlevale Rd. Existing dead-end 12" waterline Kern Way. There are no existing water services to the site. Site is located in the Mid Level Pressure Zone. Static pressure approx. 68 - 75psi. 1 2 existing water location, size, etc. Public waterlines will be required to be looped throughout the site. New waterlines shall connect to the existing waterline in Castlevale Rd. and in Kem Way. Sizing of new waterlines will be dependant on the required flreflow for the proposed buildings. Sizing of waterlines should take into consideration the potential flreflowrequirements for buildings within the future phases. All new waterlines shall be placed within the street ! public right -of - way. 2 water extension necessary, size There is one existing fire hydrant off of the looped 8" waterline in Castlevale Rd. There is one existing fire hydrant off of the dead-end 12" waterline at the end of Kem Way All new fire hydrants/locations and new fire sprinkler services to be determined'by Codes and Fire Dept. 1 2 2 fire hydrant , All new public waterline on private property shall be located in a 16' waterline easement. 2 1 new public easements To be determined at time of site development and dependent on required meter sizes. 1 2 LID/connection charges To be determined at time of site development and dependent on required water services and meter sizes. City of Yakima will make all connections to existing waterlines and install all domestic water services and meters. Contact James Dean, Water Distribution Supervisor (575-6196) for costs and to coordinate work. Each lot shall have a separate water service and meter. 2 1 service installation charges Public 1 1 public/private system Available fire flow from looped 8" waterline - 2,875gpm. Available fire flow from dead-end 12" waterline - 3,100gpm 1 2 2 Firef ow calculations No WeIIHead Protection Area No City irrigation. Irrigation service may be available from Yakima Valley Canal Company Contact Robert Smoot, 966-2300 for more info. 2 irrigation System 2 Misc. Comments Detailed comments on the new public waterline facilities will be provided at time of civil plan submittal and review Mik�RVie • • 00 0 00/2009 • • • Date of Review: Review Prepared by: Proposed Development: Subject Address: ITE Land Use: City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis May 20, 2009 Joan Davenport, Planning Manager (576-6417 Toscana Phase 1- Revised 801 Seattle Slew Run LU #230, 66 Condos (0.52 PM Trips* 66 units = 34.32 PM Trips) Expected Net PM Peak Hour Trip Generation: 34 PM Peak Hour trips Summary of Impact: The applicant proposes to construct 66 single family attached condominiums units on a private street (Seattle Slew Run) in the vicinity of 4200 Castlevale Road, within the city of Yakima,' Washington. This is a revised plan and Phase 1 of several planned development phases. All traffic from this new development will enter the Arterial Street system on North 40th Avenue. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. The site -generated traffic is distributed to the Arterial street sections noted below, based upon the City policy to assess impacts for two Arterial street segments. Estimated distribution of the site -generated trips is shown on the table below. Based upon actual data, City of Yakima Traffic Volumes for PM Peak Hour is assessed as 8.7% of total Average Daily Traffic (ADT). Peak hour reserve capacity includes any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima Transportation Concurrency assesses arterial street segment capacity only and does not address intersection capacity. RECEIVED MAY 2 0 CITY OF YAK PLA INO DIV. Seg # Street Segment Total ADT PMPK PK Hr ADT HR Reserve gyp' New Dev. PM PK HR Impact Total Con- currency Trips Resulting Pm Pk Hr Capacity V/C LOS 67 40th Ave: Fruitvale to River 24,050 2,092 1,108 12 202 1,096 0.72 C 68 40th Ave: River to Castlevale 28,400 2,471 729 16 107 713 0.81 D 69 40th Ave: Castlevale to Englewood 26,600 2,314 886 18 110 868 0 76 C 70 40th Ave: Englewood - Lincoln 26,300 2,288 912 10 154 902 0.76 C 85 Fruitvale: 40th to 34th Ave 10,525 916 2,284 2 78 2,282 0.31 A 98 W. Powerhouse Rd: 40th Peck's Cyn Rd 6,330 551 1,049 4 34 1,045 0.37 A 108 Englewood: 40th to 48th Ave 7,740 673 927 4 34 923 0.44 A 109 Englewood: 32nd Ave to 40th Ave 5,000 435 1,165 4 34 1,161 0.29 A Summary of Impact to City of Yakima Arterial Streets: _ This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of I DOC. INDEX RECEIVED REQUEST FOR COMMENTS MAY 1 9 2009 TO: City of Yakima Development Services Team CITY (n YAiiikui Attn: Joseph Calhoun, Assistant Planner PLANNING DIV. FROM: Yakima Valley Canal Company DATE: May 13, 2009 File Number: PD #001-09; PLP #001-09; SEPA #020-09 Proposal: DST Review for Toscanna Planned Development LOCATION: Vicinity of 40th And Castlevale PARCEL NO:181315-3101 1 CORAMENTS: City of Yakima Development Services Team, Please be advised that Yakima Valley Canal Company operates an irrigation canal along the hillside above the subject property. We have a 60 foot right of way along this stretch of canal which is measured on a horizontal plane 30 feet in each direction from the centerline of the canal. We will allow no excavation or construction on our right of way. Additionally, we believe great care and consideration should be exercised in determining how much earth is moved adjacent to our right of way. If excavation occurs off our right of way, that adversely effects the integrity of the steep slope on our right of way, the result may well be 45 cubic feet per second of Naches river water pouring down the hill. Provided there are no changes to our canal or right of way, either directly or indirectly, we have no objections to the development of this,property. Also please be advised that the subject property is within Yakima Valley Canal Company's service area. Yakima Valley Canal Company's Bylaws clearly state in "Article XXVi" the following: Article XXVI: Company Participation in Subdivision of Tracts Subject to Water Rights Whenever tracts of land that have appurtenant thereto one or more shares of water are to be platted or subdivided into smaller tracts, the Company shall, to the fullest extent of its rights under any federal, state or municipal law then in effect, require advance submission of plans therefore by the persons or entities proposing such platting or Comments: Yakima Valley Canal Company Subject: Request for commentsIND DOC. [J-3 Page 1 • • • subdivision. Such plans shall include irrigation water rights-of-way an irrigation distribution facilities necessary to ensure supply of water to al affected tracts. To the extent allowed by any federal, state, or municipal law then in effect, approval by the Company of such plans shall be a prerequisite to government approval of the proposed platting or subdivision. Resolution No. 2005-01 Yakima Valley Canal Company also states: RESOLUTION OF BOARD OF DIRECTORS OF YAKIMA VAI.L.IEY CANAL COMPANY Yakima County, Washi i gtoaa No. 2005-0! Requiring provision for irrigation water rights of way for land within the Company and for completed irrigation water distribution facilities for lands having Company shares within the Company boundaries. RECEIVED MAY 1 9 2009 CITY OF YAKIMA PLANNING DIV. WHEREAS, RCW 58.17.310 provides that the legislative authority of any city, town, or county shall not approve a short plat or final plat for any subdivision, short subdivision, lot, tract, parcel. or site which lies in whole or in part in an Irrigation District organized pursuant to RCW 87.03 unless there has been provided an irrigation wat right of way for each parcel of land in such District; and, WHEREAS, RCW 58.17.310 further provides that if the subdivision, short subdivision, lot, tract, parcel, or site lies within land within the District, completed irrigation water distribution facilities for such land may be required by the Irrigation District by resolution as a condition for approval of the short plat or final plat by the legislative authority of the city, town, or county; and, WHEREAS, the Board of Directors of the Company deem it necessary and in the best interest of the Company that the installation of completed irrigation water distribution facilities be a condition of the Company for approval by the Company of any short plat or final plat of land within the Company similar to the tequiements of Irrigation Districts; and NOW, THEREFORE, be it resolved by the Board of Directors of the Yakima Valley Canal Company of Yakima County. Washington, as follows: 1 That the manager or assistant manager of the Company, each duly appointed by its Board of Directors, be and hereby are each authorized to approve short plats or final plats for any subdivision, short subdvision, lot, tract, parcel, or site which lies in whole or in part within the Company, provided that such a short plat or final plat provides for irrigation rights of way for each parcel of land within the Company at least 15 feet in width. DOC. Comments: Yakima Valley Canal Company INDEX Page 2 Subject: Request for comments # • RECEIVED MAS 1 9 2009 cm y PLANO* DIV. 1 1 2. That with regard to land which lies in whole or in part within the company to which shares of water of the Company are appurtenant, the manager or assistant manager of the Company, each duly appointed by the Board of Directors, be and hereby are each authorized to approve short plats or final gids for any subdivision, short subdivision, lot, tract, parcel, or site which lies in whole or in part within the Company, provided the conditions of paragraph I above are shied and provided father that either of the following conditions have also been met: a. The owner, developer and a registered professional engineer or a registered contractor for commercial/residential irrigation systems, jointly and severally certify under oath that completed irrigation water distrlusion fid1Ities. including individual deliveries for each parte have been installed for such lands to which shares of water of the Yakima Valley Canal Company (the Company) are appurtenant and that such facilities provide for the full and equitable distribution of water of the Company to each parcel, or, b. The short plat or final plat for such land contains the following covenant and agreement of the owner and developer: COVENANT AND AGREEMENT OF OWNER AND DEVELOPER The undersigned owner and developer of the plat shown on the face hereof hereby covenants and agrees for the benefit of any future owner or owners of a parcel or parcels within this plat, that prior to the sale of any parcel within the plat, the owner and developer shall provide the Yakima Valley Canal Company (the Company) and shall record with the Yakima County Auditor a certificate of the owner, developer and a registered professional engineer or a registered contractor for commercial/residential irrigation systems, jointly and severally certifying under oath that completed irrigation water distribution facilities, including individual turnouts for each parcel, have been installed for all lands within the plat to which water shares of the. Company are appurtenant and further certifying that such facilities provide for the full and equitable distribution of the water of the Company to each parcel. The undersigned furthermore agrees that this covenant and agreement shall run with the land and shall be enforceable by a court of competent jurisdiction by specific performance, restraining order, injunction or any other appropriate remedy sought by any future owner or owners of a parcel or parcels within the plat, and that the prevailing party in any such action shall be entitled to recovery of its reasonable attorney's fees and all costs. Neither the Company nor its directors, officers or employees shall have any responsibility whatsoever with respect to the enforcement of this covenant and agreement of the undersigned owner and developer. (acknowledgment of owner and developer) 3. In place of individual turnouts for each parcel, the owner and developer may install a system of individual deliveries for each parcel, provided a joint use agreement or water association agreement encumbering such land has been properly executed and recorded. Such Joint use agreement or water association agreement shall be on a form approved by the manager or assistant manager. Such water association agreement shall provide for the consolidation of all billings for such lands into a single account and for the construction, maintenance, and operation of the irrigation facilities for such land including the reimbursement to the Company for the cost of installing a Comments: Yakima Valley Canal Company Subject: Request for comments 8 Page 3 • • • RECEIVE® MM 1 9 2009 CPLANNING DIV. turnout if required. No more than six (6) parcels shall be permitted to use a sing turnout pursuant to a joint use agreement. If a joint use agreement is used, the owner an developer will be required to reimburse the Company for the cost of the Company's installing a multi-user turnout and appurtenance to provide for individual deliveries to each parcel, which permits the Company to shut off any or all deliveries for nonpayment of assessments, rates or tolls and charges. The multi-user turnout and appurtenances shall be installed by the Company at the cost of the owner and developer prior to the approval by the Company of the short plat or final plat, or if the owner and developer covenants and agrees to install the facilities in the future, prior to the sale of any parcel within the plat. The turnout and appurtenances shall be the property of the Company or the United States. If either a joint use agreement or water association agreement is approved by the manager or assistant manager, the certificate by the owner, developer, and a registered professional engineer or a registered contractor for commercial/residential irrigation systems, or a covenant and agreement of the owner and developer, shall provide that the irrigation water distribution facilities for such lands include individual deliveries for each parcel; and in the case of a point use agreement, the covenant and agreement shall further provide that prior to any sale of any parcel within the plat, the owner and developer shall have caused the Company to install a turnout for individual deliveries and will have paid the Company for the cost thereof. 4. Prior to the approval of any short plat or final plat, the manager or assistant manager shall collect fees as set by the Board of Directors to defray the Company's costs of examining each short plat or final plat and any agreements an inspections required by this resolution, and shall also collect the costs of any wo performedby the Company The cost of any work to be performed by the Company in the future shall also be paid in advance of the performance of such work. 5. That a duplicate of this RESOLUTION be provided to the County of Yakima and City of Yakima and that hereafter compliance with this RESOLUTION be a condition to approval of any short plat or final plat by the legislative authorities of such governmental entities, until appropriate amendment by the Company or State legislation. Upon final consideration of the aforementioned RESOLUTION it was duly moved and seconded that said RESOLUTION be adopted. The motion was then put to a vote of the directors and the RESOLUTION was declared adopted this 17 day of October, 2005. Yakima Valley Canal Company has no objection to this development as long as developers follow Bylaws and Resolutions as stated above. Contact person if there are additional questions or concems. Robert Smoot Yakima Valley Canal Company 1640 Garretson Lane Yakima, WA 98908 (509) 966-2300 Comments: Yakima Valley Canal Company Subject: Request for comments DOC. INDEX 3 Page 4 A City of Yaidma Development Services Team Request For Comments May 13, 2009 RECEIVED MAY 15 2009 CITY OF YAKIMA PLANNING DIV. To: City of Yakima Development Services Team From: Joseph Calhoun, Assistant Planner Subject Request for comments Applicant: Toscanna Planned Development/Preliminary Plat File Number: PD #001-0$ PLP #001-09; SEPA #020-09 Location: Yuxnity of 40th And Castievale Parcel Number(s): 181315-31011 DST MEETING DATE: 512712009 Proposal DST Review for Toscanna Planned Development. The applicant submitted a revised site plan and other documents as a result of the preliminary meeting held on May 6, 2009. This Is a PD consisting of 66 common wall Tots. They are proposing private, gated streets with rolled curb on both sides and sidewalk on one side as well as some common lawn areas. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held May 27, 2009 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is jcalhoun@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: orte 01404,feb Lmniitte 06/44-414 Oac Contact Person Department/Agency DOC. INDEX # IJ-aZ i 5/15/2009 Toscanna Development 12:23 PM Preliminary Address Toscanna - PD 001-09; PLP 001-09; SEPA 020-09 1 5/15/2009 Seattle Slew Run I ILot 1 639 637 Lot 2 635 Lot 3 633 Lot 4 631 Lot 5 629 Lot 6 627 Lot 7 625 Lot 8 623 Lot 9 621 Lot 10 619 r Lot 11 617 Lot 12 615 Lot 13 613 Lot 14 611 Lot 15 609 Lot 16 607 Lot 17 605 Lot 18 603 Lot 19 601 Lot 20 702 Lot 21 704 Lot 22 706 Lot 23 708 Lot 24 735 Lot 25 733 Lot 26 731 Lot 27 729 Lot 28 727 Lot 29 725 Lot 30 723 Lot 31 721 Lot 32 719 Lot 33 717 Lot 34 715 Lot 35 713 Lot36 711 Lot 37 709 _ . Lot 38 707 Lot 39 705 Lot 40 703 Lot 41 701 Lot 42 RECEIVED MAY 1 5 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX 9 0- • • • 5/15/2009 Toscanna Development 12:23 PM Preliminary Address 801 Lot 43 803 Lot 44 805 Lot 45 807 Lot 46 809 Lot 47 811 Lot 48 813 Lot 49 815 Lot 50 817 Lot 51 819 Lot 52 821 Lot 53 823 Lot 54 825 Lot 55 827 Lot 56 829 Lot 57 831 Lot 58 833 Lot 59 835 Lot 60 837 Lot 61 839 Lot 62 841 Lot 63 843 Lot 64 845 Lot 65 847 Lot 66 O RECEIVED MAY 1 5 2009 CITY OF YAM PLANNING DIS DOC. INDEX DST Distribution Li_ Applicant Toscanna File Number PD #001-09; PLP #001-09; SEPA #020-09 Date of DST Meeting: Assigned Planner City of Yakima Divisions and Yakima Coun Other Agencies May 27,2009 • Joseph Calhoun ite.76WOr TORNSWiAirifiliNidiffit'S?: - °"' ' ' ' tre"'-=;;';'4. •!* ', ......, ./ Codes:.8-115jciYAii 19'41P0701. .P6-00 16.'1.0:4;iii.r,.'..-.:', '44.-n'j'{ff,V42 TOra,Mfilti5:: TtioPDjstrct2'!;-1?-4-3_44: Codes 1-61V107,1WORi iifq'a 1-1-11-3PtiTgaialaii5i,t::; 6111 Tieton Drive, Yakima 98908 Codes Nathan Thompson tle:k4 f lairiag.1.-i-iiireiaZAW7.-WitareTAIrtiNtF.'iri& .tr-e iv._4(4.7;; Eglit.._.9 ,....wrgi ,._._ e/ Storrnwater Engineer ragitcyiimito ag 'iWifellitairaliaMM ITArktf$IrstkialaT:,--: if Wastewater $Zrafir$4.144 R4-':ifiga..5K. it'.1',i7,14.-?;r:CM ij$ :ZURAtillidgiika'-',':: Other Agencies May 27,2009 • Joseph Calhoun 7:',NY ite.76WOr TORNSWiAirifiliNidiffit'S?: - °"' ' ' ' tre"'-=;;';'4. •!* ', ......, ./ Traffic Engineering 19'41P0701. .P6-00 Manager '.--"eatt43,fvaigi.,:-4i: TtioPDjstrct2'!;-1?-4-3_44: Parks and Recreation Ken Wilkinson Nob Hill Water Jenna Leaverton 6111 Tieton Drive, Yakima 98908 Transit Gary Pira 'i tra mli---- 7011474.72,i'vr) .tr-e iv._4(4.7;; Eglit.._.9 ,....wrgi ,._._ WA State Department of Ecology Refuse Nancy Fortier '7.4.1 ':i..5eiruiriraktilgiltY,. -11561:13-17 Y.,w6: '''-:.f.'2..4,':),4, itY-017---1-: - -"7.41;a4-gil; ,..4 - --IFFWARWardilleg, 9-816-2,Er-,Vt: Yakima County Planning Steve Erickson Mike Paulson .. -,.. 0-iirtaxiii--li.iiika7tirigrA, .r,-,: .'.' ,,,-,...zip.-•-• ,, fl, , Ayristm_ .3•44,PAA.,:',, 7:',NY ite.76WOr TORNSWiAirifiliNidiffit'S?: Iiiiiiifsi* --2-(t,' ' -1.`"-:;1Z11 5*OTOT: V.- - '-*-'` 1647#89761.C-V,,72-::ii,"Z.;;;::' Committee Manager - CDY Manager P.O. Box 881, Yakima 98901 TtioPDjstrct2'!;-1?-4-3_44: 'iltialPrOlegilliifa_ . ' ''.... . t'...-`1. '.-4-...a:''''..PlititlY.an' 4-:,:__ 1; 5: . Nob Hill Water Jenna Leaverton 6111 Tieton Drive, Yakima 98908 4. 1'41YEI.Mtiteiifififin-A. - --. --. ii.:Itt tAffi:' -c 4.;%117-Wik.1-s.':;.;t4.'-'..;','-'!-'-`• 4.40._ -----.tan''&11-krcrik.b.......c.-;a"P.19-8:01,S;'1. WA State Department of Ecology PAYPT-Ciall 15 W Yakima Ave Ste #200, Yakima 98902 ifigsTalltilifit-7' ,--71tiiMgraffi/ToTict - .i;.:.!--;:;;:-.[-g7,.:i;..:-t.C.:t ,..4 - --IFFWARWardilleg, 9-816-2,Er-,Vt: Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 54.1i. Mreligrxi-Mrff-r-VMAC •,`?i'!1'4% acirritTlgAlCorgig:.,----',:7•R:,?;. ggi$Wtrilfil-P;MF- 7-.8-dtra.rciEr. - 11.te;::.A"‘ Cascade Natural Gas Co. Sheila Ross 701 South 1.st Ave, Yakima 98902 F,',,M, i'Nigtrial' vii--jr—zalk.'F;f4Wast FAVErStirrlYAMeZ-;-:!' ,":1e,`1,Zi:g. 1---7-'11:91.crierCidia9T.,.:7 West Valley School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 ,Sr..Chwar'"`"?-0,5Vaiir'llaticTicsT-igarg.??,:m County Clean Air Authority,o.siy.pitait 329 North 1st Street, Yakima 98901 Te ' -;&-S.S.Cte701:;::',1-VA ,,-.7.5fEttar-'-'".1fiT;Cr:::.7::,.-:-;?--,r4-4,--4*SIV747044,1:rf-..._ ......rigllnDa89.-..ffitg':U Yakima Greenway Foundation Al Brown 111 South 18th Street, Yakima 98901 egiROWL0f.0.2eir'igiggeSESVar.S.t Ve'.0gerii'i -t. - - --:-, ,,ii .4-20511.„,lig6Wil .'"-!'" (;701-WicOtY. -:,98)39,;f2 Yakima Valley Canal Co. : -60:16C-Sift 1640 Garretson Lane, Yakima 98908 ',4i .7.15Tra'actliiffW. Mite. If_ ,,,i...:;;;;IMMin ai.,;Z --1..! .,---t.'"-, va- --i-r Iziftifigikwaiwo.:.----- - Department of Natural Resources 713 Bowers Rd, Ellensburg 98926 1OTIM0,115.fir iriiiiiiY-YiVn --L-...4 ' ' ' - . '.r.i...tiiiV;:: ..-;:i ',2.'::•-: 7..:. 7: - --I;--iitt IgEtliaktilgT6f.9.--0_, ;,'--,1,;:.:'2..;.:.,`'. Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 ?:fo.:416':,-g1(--TnTO ' ...w1S1.1:ii'.04i(g."'i:.,i'0,:::T.1-.5.%..._.:'lliVtrili:011:.," Yakima Airport Manager 2400 West Washington Ave, Yakima 98903 •:. -4: ;143110V0 -'PV.•, -,,:-7.'S Ifk: if 0 -ii:. ' :: '-; :::- ---i----; , . "iggAT' -:.,.::f.trr8i14iiii98901 City of Union Gap Bill Rathbone P.O. Box 3008, Union Gap 98903 '..'::--: .7....ricii:'-VigiOiifis-!-: ,;.: -:-.;:-..-:,:',.John..--C.- ' iiiirght71- . '' ''. -.'.- '''.. ; Bp33367'''.' ,_. 1.k..-#$2,43: ' :•• : Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 IL Altaniiiiii-':- .1:4.1iet-!ii:' c.-..4..'''. i'll'-' .::14fk-' . 1‘..iiii*ef - - - - '''-' r'1.0063(75.6.311C C. .'X08`)01!,:::.:', . Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road, Yakima, WA 98909 Updated as of 04/24/09 DOC. INDEX LP-' • • • City of Yakima Development Services Team Request For Comments May 13, 2009 To: City of Yakima Development Services Team From: Joseph Calhoun, Assistant Planner Subject: Request for comments Applicant: Toscanna Planned Development/Preliminary Plat File Number: PD #001-09; PLP #001-09; SEPA #020-09 Location: Vicinity of 40th And Castlevale Parcel Number(s): 181315-31011 DST MEETING DATE: 5/27/2009 Proposal DST Review for Toscanna Planned Development. The applicant submitted a revised site plan and other documents as a result of the preliminary meeting held on May 6, 2009. This is a PD consisting of 66 common wall lots. They are proposing private, gated streets with rolled curb on both sides and sidewalk on one side as well as some common lawn areas. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held May 27. 2009 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is jcalhoun@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: Contact Person Department/Agency DOC. INDEX 0 0 • 9 TOSCANNA, LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#02 0-09 EXHIBIT LIST CHAPTER E SEPA Checklist LY�adF'*'` x? 2 to `' 1 ' f _ �, g am _, F # r S,. -w.. .. r,. __ • 3Yt ?v n t'r ' "t� �:r r.1.,;`at`ktti . r3... 0.. B Es _:. E-1 SEPA Checklist 05/11/2009 REQUIRED ATTACHMENT: I1Jj'7.1, ENVIRONMENTALCHECKLIST .. Y,;• I }ECEIRE® 'f STATE ENVIRONMENTAL POLICY ACT (SEPA) 1_ f, (AS TAKEN FROM WAC 197-11-960) MAY 1 1 2009 .`tet N,„,,,- :; 'i'-' WY OF MOMCHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) PLANNING DIV. i-.. :: ..a�+.:�,.+ - .�J�_,�; _ � .. L,�r.'�'g..+.. __','�.t{+�-0,-.4i FSS -'ice` -'.:f• -.t;1^: 'k,,";;:16,..{"A'.a:'!�t�.�:� rri_ ji�.:y�v,�,h.�s+. 4e:..,-�"-�"•.�. wY2•�' ;!i3'•.ny-,Y�G'r'a � �+ .�/�'�`a :'"�'� '1�,51Jik#`4 §7-.H'�,SJC+'l:'JLo. " s- i 3-azt.. '. ;_y' p:c.`.` :yb� . . :i: �;S - 'ao' = 'i r`+� 1 ;.��y'�'-' �:c t-- k a,7a -. j'�c.•i`._ i J :,. _........_�....:__.�...._._,..-�._....__.Y_..._.........a.,..u:._..-...r.;".'�1:��.a-.��:"r7-`-`a:..._..rti.-i<Y•...�.r.3-�0..:fi....v.«:'i?:�e2�ohx.6._. '.`-.'_�•:.r:»+,r'Sl.'�u'..�i"-..C,x:.`t„$w::i:i: The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. V'-a4R..✓s _ _ - ,¢.yµ;tn•.l '." Y t �?� 4� � �-�� C' "ifs � T'• +L �3.b'i:l 4':.. g7�(+!��}�� .r...:.n. . v "" ,? �S�b: �--01;;"�"Y_,'"` �,,� • �i: i..1 Y�: J' :"'r(01011,77 �9 C.' .a»�;.yw` YLV J'IIaj:( fl��ONS. �'+ 7� r 7� drisT� •.` id:,�,�� ' {�rsF+lF.I -••r `3V ta5,-� d v . +,_G r .r �'TM'•'. j! _,.,•:A _ 4F'�JR.��S�'l�tLl\yII�S 'x;L.�2,�-c�.c-'l+ `,xx.._�=;:: •t�'n-. .. •••.��-z.�. �- �r '�. .�kj�-•�cp�. -...>_,_._... w.. .._,,......'r _..., .r�t__S-a.. _,:...,.r�-..�.MG.safi.`Tw..�,,.nvnx rX't,•:..._ This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. swer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. .. 5 '"e—=1\Q�l\Y' U i 7[,� !�.'. 0.= i j� 7�� p rj� (� (� ..� ze.,:rY';C?=,:'.'/t..:cilf�;�:r1 ._ fir/': ::✓'v ..::.>?::_ _':...?l�.t.i �5".u4"^F�t`-3 .—..C..: �:,......:,....7._:_)�;YIQ� l7 A��7.w2:.TC2r. E.SLc 'a�1 4—;s"> r"+:.;i1,-*k:!�i .zw:.'N'Ai'•t.;!, 4=',':3`.?3K:,,PE-.irC. Complete this checklist for non -project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. - .t.-�xr.. -1+§ice _ .ye.ni-..u_... ..,.:i3'r` 'r-riT "•s'3'°"1 G':,%–r,-.rn�,j:.:s+t�.`^��t ad .�."–.�-yri'^i'-�'�,"'� tet: r z� ;.} ,s -• ._• '7;':i• AC`KGItOg7NIi1NF'O)O o �e:com keted:b. h a `: '_ , ,`" >tc 1. NAME OF PROPOSED PROJECT (if applicable) Toscanna Single Family Development 2. APPLICANT'S NAME & PHONE Envizage Development Group 509 966 8415 3. APPLICANT'S ADDRESS 200 Galloway Drive, Yakima, WA 98908 Dave Sjule 509 966 8415, 4. CONTACT PERSON & PHONE Project Manager - Keith Basham 253 405 0442 5. AGENCY REOUESTING CHECKLIST City of Yakima DATE THE CHECKLIST WAS PREPARED April 15, 2009 7. PROPOSED TI MNG OR SCHEDULE (including phasing. if applicable) Summer- Fall 2009 Construction start INDEX Revised 8-04i page 1 of 10 BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal If yes, explain. Remaining site area and adjacent Parcel #181315-31011 to be developed with single family type homes. 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. RECEIVED. Soils Evaluation — Appendix "A" Soils Evaluation — Appendix "B" Traffic Impact Evaluation — Appendix "C" MAY 1 1 2009 Acoustical Evaluation — Appendix "D" -CITY OF YAKIMA PLANNING DIV. 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Short Plat — application is pending, but will be cancelled . List any government approvals or permits that will be needed for your proposal, if known. Planned development, preliminary and final plat and related permits, NPDES and related Site Development Permits. 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 66 Single Family Dwellings (common will) on 4,000 s.f. minimum lots per the attached plan with on-site drives and vehicular access gates. 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description; site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Easterly portion of Parcel No. 1813153011, approximately 11.05 acres of 22.63 acre site on Castlevale Road, across fro the Seattle Slew run intersection. DOC. INDEX E -I page 2of10 xi`Fk'2 .;,.....,,� _.VE _.. �L�1'i a si}^•�'.�"�a:.{!�CS�i.r''' �CriY WYSfl e6�a1• _ � tom::.___ Jr Earth a. General description of the site (V one): 0 flat 0 rolling chilly 0 steep slopes 0 mountainous 0 other NIA b. What is the steepest slope on the site (approximate percent slope)? 15% ySr c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Cohesionless and non -plastic type soils d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None visabte — See Appendix "A" e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not known at this time but probably up to about 35,000 cu. yd., no outside fill will be required for site grading. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. Yes, typical for a project of this type on hilly land g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Less than 50% of created lots h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: See attached . Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction period dust and equipment emissions and long term vehicle emissions typical for residential developments. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None c. Proposed measures to reduce or control emissions or other impacts to air, if any: Construction phase dust control plan and implementation as required by Yakima Regional Clean Air Authority (YRCAA). Space Reserved for Agency Comments RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX page 3 of 10 • . Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. See attached 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. See attached 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be' affected. Indicate the source of fill material None 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not anticipated. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. See attached 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Existing septic tanks and drain fields will be removed. No waste material will be discharged into the ground. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. See attached Space Reserved for Agency Comments RE O RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX 9 E page 4of10 2. Could waste materials enter ground or surface waters? If so, generally describe. Not anticipated. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Use of state of the art storm water control system as required by the controlling Jurisdictions. 4. Plants: a. Check (✓) types of vegetation found on the site: deciduous tree: 0 alder ❑ maple ❑ aspen ❑ other evergreen green: ❑ fir ❑ cedar ❑ pine ❑ other CI shrubs 0 grass 0 pasture crop or grain wet soil plants: ❑ cattail ❑ buttercup ❑ bullrush ❑ skunk cabbage ❑ other water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? All on site C. List threatened or endangered species known to be on or near the site. None known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Site will he re -landscaped to meet City requirements. Animals: a. Check (1') any birds and animals which have been observed on or near the site or are known to be on or near the site: 1) birds: ❑ hawk ❑ heron 0 eagle l] songbirds 0 other 2) mammals- 0 deer ❑ bear ❑ elk ❑ beaver CI other Gophers, mice 3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish ❑ other b. List any threatened or endangered species known to be on or near the site. None known Is the site part of a migration route? If so, explain. None anticipated d. Proposed measures to preserve or enhance wildlife, if any: Site will be re -landscaped to meet City requirements. Space Reserved for Agency Comments RECEIVED, MAY 1 1 2009 CIN OF YAKIMA PLANNING DIV. DOC. INDEX page 5 of 10 Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric and / or natural gas heating. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Buildings will conform to Washington State Energy Code. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. See attached 1. Describe special emergency services that might be required. Typical police, fire and paramedic services for a residential development of this size. 2. Proposed measures to reduce or control environmental health hazards, if any: Project will be designed to meet Building and Fire Codes. b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? Minimal traffic noise — See attached 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. See attached — Acoustical Report in Appendix D 3. Proposed measures to reduce or control noise impacts, if any: Limitation of construction hours to City Ordinance 6 -AM —10 -PM M/F & 8 -AM —10 - PM weekends and holidays Land and Shoreline Use a. What is the current use of the site and adjacent properties? Undeveloped, adjacent properties are used for residential purposes with a portion of the properties across Castlevale Avenue being in the process of being developed as Business Use b. Has the site been used for agriculture? If so, describe. Yes, fruit tree crop. c. Describe any structures on the site. Two single family residences and barns. d. Will any structures be demolished? If so, what? All on site. e. What is the current zoning classification of the site? R2/R1 Space Reserved for Agency Comments RECEIVED, MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. NDEX E -1_.- Page 1_ - Page 6 of 10 f. What is the current comprehensive plan designation of the site? Medium Density Residential If applicable, what is the current shoreline master program designation of the site? N/A g. h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. Not known i. Approximately how many peoplewould reside or work in the completed project? 160 J• Approximately how many people would the completed project displace? None, if two existing houses are vacant. k. Proposed measures to avoid or reduce displacement impacts, if any None 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Use of residential scaled buildings and materials. . Housing a. Approximately how many units would be provided, if any? Indicate whether high, muddle, or low-income housing. 66 middle income b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None if two existing houses are vacant. c. Proposed measures to reduce or control housing impacts, if any: None 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? Approximate 35 feet as defined by Yakima Zoning Code. Stucco look and / or lap siding. Earth tone roof color. b. What views in the immediate vicinity would be altered or obstructed? Homes uphill of site will have views of mobile home complex reduced. c. Proposed measures to reduce or control aesthetic impacts, if any: Use of typical residential scaled building materials. Building setback and impervious area requirements will be met. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Night time security and vehicle lights. b. Could light or glare from the finished project be a safety hazard or interfere with views? DNot anticipated. c. What existing off-site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: Use of shielded light fixtures and perimeter buffer planting. Space Reserved for Agency Comments RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # page 7 of 10 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? None known b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Project development includes common open lawn areas in addition to typical residential yards. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. None observed c. Proposed measures to reduce or control impacts, if any: None 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Castelvale Road and Kern road. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? Yakima Transit Service along 4e Avenue — 300'. c. How many parking spaces would the completed project have? How many would the project eliminate? Minimum two stalls per single family home with guest stalls provided along drives. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). See submitted Traffic Impact Analysis, Appendix "C". e. Will the project use (or occur in the immediate vicinity of) water, mil, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See submitted Traffic Impact Analysis, Appendix "C". g. Proposed measures to reduce or control transportation impacts, if any: See submitted Traffic Impact Analysis, Appendix "C". Space Reserved for Agency Comments RECEIVED MAY 1 1 2009 CITY OF YAI(IMA PLANNING DIV. DOC. INDEX # E— page 8 of 10 15. Public Services Space Reserved for Agency Comments RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: Yes, typical for single family residential plats. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed_ Local police, fire & paramedic services. Electric — Pacific Power, Phone — Qwest, Water / Sewer — City of Yakima Refuse — City of Yakima 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Electricity — Pacific Power Phone — Qwest Water / Sewer — City of Yakima Refuse — City of Yakima Natural Gas - Cascade Natural Gas =C NA�R��"' i:'be:c-om e- e ..•t9e17ict;WSZt;r,?.x)01 ."i.�}.tr$ya rt±%- ' ''''.•.-'. ... : u ?1Y.=m -- The above answers are true and complete to the best of my knowledge. I understand that the lead them to make its decision. agency is relying on Atil„,., — Signator- di '% Date Submitted: Y .:E Y- ...,.� �:)6etif-K.: k•' . 7.•i'..1k1'i - ti;^'r-+`�y;3!.�y..�•- AZ"v:=`'1b,..� i. �:rs�>Pi.>E�iv�v�-�s>�a;>F 3 = � i� y�a��� >«.�s..,. . OIt;NON>PROJL'1<'_�ONS (To Abe; com„leted'b' thean„licant. a 1,'.'+-{a.4•.^.v aai*i m -i lzr--3h: -jil "', 'tea .tp., t ,,,g,,,,,,,, §..; A 5:.. `. a1- F,..-- „o.. ••g,,i... • 4, ,_.., ,.,,r ,,;% r :,i x ^Q'•5= ti• ,14 .'�u. u'� Sf. ?- f "'��:5.. sc�o�=t::.�' :..�'u'_w�.i.`� .-. r.i��„_ • ~'�Tia���i5`.nn.; ^'x w:��.,�s' 'i;F�•” rt'x.t � i:+ t _~i'.�.i5�.•.�•� x•�',�' r�•,�• a(BDo not=nse=the fol➢owmgrforip ojectiacteons:) A r N- r= ;,�- ., : g. _ j ze, ,,,s. t, j F • w . - �:if1: ,T:ecru�z:rr-.f��4 3:�e,,..,i.`, =Sx4`t: �c.s%i*T�^e"a:�i�uF` ti �z.'."�'.c:Si].'�b3.e;3_ Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Fn:^,�2•:T _'y.i:r�av,? :7'�4"'ij,. ,"..*•S{f•"�• �...^.:.T r'��^-:'; `�:b"q"�+�:�'`'�' '-u+r."y:'�••'::StisH!Yl"Lx�.OF,"�„?r��*::rr rS :� ,.tP�?"^""rY::Y v:-�'�?S;^^•:.t:ti 'a:3•�z'rr...Ei.yi •^.'��, •Y 1.+ ...a:�V Y t �r�6ss T! g, �: '-'i' u2t�. vl •:- .. y:1 :t+.z . 511��f((a; 102-�a.,P �t -• Z,L.v;•„r-�'; i:_ rF u�::.F.4-'-'7 'r; s. `.grli ,rar:,`'- ::• .y�iy'n1 �„•:•.yy.7 .nF,”!-:1 ''> .r 'yAw.4tiLLi�..:'-'•'iC�: -. 4:...t-.r�.•4'•..-.i....rrs�tA�•.. «+::2x.-_. .... ?}.':._.=c.o-�3++.'.i.�.+rob..t=vi:-x.,':4'.:u�.i1��f�u'.r�.'�f.-..4:±e!4h.�,'�.,=::..a.r•,.�•,•-:t3.•...•r dd=•6•..u..Rb✓ .?,"FA:<ra. w?._l •r:.::'3.: 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Space Reserved for Agency Comments DOC. INDEX page 9 of 10 Proposed measures to avoid or reduce such increases are: • theproposal likelyto affect plants, animals fish,or marine life? 2. How would be p Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such‘resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: . Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Space Reserved for Agency Comments RECEOVED. MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # — page 10 of 10 Attachment to Toscanna SEPA cuecklist • Earth h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 1. State of the art erosion control measures will be used as required by the controlling jurisdictions. 2. NPDES Construction Storm water General permit will also be obtained. 3. Grading adjacent to Canal R.O.W. will be limited to cut slopes of 2 horizontal to 1 vertical to maintain soil stability. See Appendix "A". 4. 20' building setback from Canal R.O.W. will be provided. 5. A Grading Plan will be prepared by a professional engineer for review by City Engineering. 3. Water a. Surface: 1 Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No, but there is a man made concrete lined, irrigation canal owned by Yakima Valley Canal Company adjacent to high portion of property. No work will be completed in the Canal R.O.W. • 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable, but on-site grading adjacent to the irrigation Canal R.O.W. will be limited to maintain the soil stability within the Canal R.O.W. See letter from PLSA Engineering in Appendix "A". b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose and approximate quantities if known. No water will be withdrawn. If soil percolation is used for storm water control, then water quality treated storm water may enter the ground water system. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. RECEIVED, MAY 1 1 2009 CITY OF YAKIMIA PLANNING DIV. DOC. INDEX 2009/misc/07122SepaAttachment Sto. m water from roofs and paved surfacts will be routed to water quality and detention facilities as required by controlling jurisdictions. Complete storm water design plans will be prepared and submitted to the City Surface Water Engineer prior to any construction or the issuance of permits. NPDES storm water general permit from the Department of Ecology will be obtained. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. . ;Adjacent ncighbors have previously expressed concern about the need for toxic chemical related soil sampling because of previous orchard operation. See letter in Appendix "B" from PLSA Engineering stating that orchards in the vicinity are typical of all the old orchard land in Yakima. In addition, Gary M. Cuillier, Hearing Examiner, wrote in his 11/4/08 previous SEPA related decision on this property: A Phase I Environmental Assessment prepared in July 2003 by PLSA Engineering and Surveying for a portion of the "Pearson Property" having the same type of soils as the project site concluded that lead and arsenic solution used in orchards for pest control in the Yakima Valley before 1950 has in PLSA's considerable experience long since converted into an on -leachable form which passes the Toxicity characteristic Leaching Procedure test. Metals passing this test are designated as solid waste in accordance with WAC 173-303-090(8)(c) and are not considered hazardous or dangerous. State law does not regulate solid waste accumulations of less than 2,000 pounds. Metals from pest control activity have never been found to be sufficiently concentrated to accumulate 2,000 pounds over an area the size of the project site. WAC 173- 340-740 Method A does not distinguish between leachable and non -leachable metals and lists cleanup levels for lead and arsenic at 250 and 20 mg/kg, respectively. The WAC further states that exceeding these levels does not necessarily trigger requirements for cleanup action. Lead and arsenic concentrations in orchard land in the Yakima Valley which was in production before 1950 frequently have lead concentrations as high as 600 mg/kg. There has been no regulatory action to date requiring cleanup of these former orchards. No action is recommended as a result of the Environmental Site Assessment: • RECE vO MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. 411 INDEX $ E- I 2009/misd07122sepaAttachment Attachment to Toscanna SEPA C,.., cklist • Earth h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 1. State of the art erosion control measures will be used as required by the controlling jurisdictions. 2. NPDES Construction Storm water General permit will also be obtained. 3. Grading adjacent to Canal R.O.W. will be limited to cut slopes of 2 horizontal to 1 vertical to maintain soil stability. See Appendix "A". 4. 20' building setback from Canal R.O.W. will be provided. 5. A Grading Plan will be prepared by a professional engineer for review by City Engineering. 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No, but there is a man made concrete lined, irrigation canal owned by Yakima Valley Canal Company adjacent to high portion of property. No work will be completed in the Canal R.O.W. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable, but on-site grading adjacent to the irrigation Canal R.O.W. will be limited to maintain the soil stability within the Canal R.O.W. See letter from PLSA Engineering in Appendix "A". i b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose and approximate quantities if known. No water will be withdrawn. If soil percolation is used for storm water control, then water quality treated storm water may enter the ground water system. RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method DOC. of collection and disposal, if any (include quantities, if known). INDEX Where will this water flow? Will this water flow into other waters? # E. r If so, describe. 2009/misc/071225epaAttachment St,. in water from roofs and paved surfacra will be routed to water quality and detention facilities as required by controlling jurisdictions. Complete storm water design plans will be prepared and submitted to the City Surface Water Engineer prior to any construction or the issuance of permits. NPDES storm water general permit from the Department of Ecology will be obtained. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill,'or hazardous waste, that could occur as a result of this proposal? If so, describe. Adjacent neighbors have previously expressed concern about the need for toxic chemical related soil sampling because of previous orchard operation. See letter in Appendix "B" from PLSA Engineering stating that orchards in the vicinity are typical of all the old orchard land in Yakima. In addition, Gary M. Cuillier, Hearing Examiner, wrote in his 11/4/08 previous SEPA related decision on this property: A Phase I Environmental Assessment prepared in July 2003 by PLSA Engineering and Surveying for a portion of the "Pearson Property" having the same type of soils as the project site concluded that lead and arsenic solution used in orchards for pest control in the Yakima Valley before 1950 has in PLSA's considerable experience long since converted into an on -leachable form which passes the Toxicity characteristic Leaching Procedure test. Metals passing this test are designated as solid waste in accordance with WAC 173-303-090(8)(c) and are not considered hazardous or dangerous. State law does not regulate solid waste accumulations of less than 2,000 pounds. Metals from pest control activity have never been found to be sufficiently concentrated to accumulate 2,000 pounds over an area the size of the project site. WAC 173- 340-740 Method A does not distinguish between leachable and non -leachable metals and lists cleanup levels for lead and arsenic at 250 and 20 mg/kg, respectively. The WAC further states that exceeding these levels does not necessarily trigger requirements for.cleanup action. Lead and arsenic concentrations in orchard land in the Yakima Valley which was in production before 1950 frequently have lead concentrations as high as 600 mg/kg. There has been no regulatory action to date requiring cleanup of these former orchards. No action is recommended as a result of the Environmental Site Assessment. • MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. O DOC. INDEX # t_ r 2009/misc/07122sepaAttachment i APPENDIX "A" To Whom it may Concern: ENGINEERING & SURVEYING BRADLEY J. CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, Eli August 14, 2008 LOUIE W. WISHERT, JR., PLS RICHARD L WEHR, PLS JOSEPH W. BAKER, PLS RECEIVED MAY 1 1 2009 CM OF YAKIMA PLANPSIG DIV Soils in the proposed Toscana development west of ,40th Avenue and north of Englewood Avenue are cohesionless and non plastic. Such soils are stable on slopes of 2 horizontal to 1 vertical or flatter. lismass '/ /o g 1 Sincerely, a.„k Brad Card, P.E. Principal Engineer DOC. INDEX 1120 West Lincoln Avenue • YakIma, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993 APPENDIX "8" • >•, <• ..,. u... ,. ENGINEERING & SURVEYING 40 • • BRADIEYJ. CARD, P.E. DOUG KUHN, RE. SCOTT GARUWD, EIT LOUIE W. WISHERE JR., PLS RICHARD L WEIR, PIS JOSEPH W. BAKER. PRS August 26, 2008 RECEIVE® MAY 1 1 2009 DIY GF YAKIMI PLANNIRNG DIV. To Whom it May concern: The possible presence of non -leachable lead and arsenic mentioned in the Environmental Site Assessment for the Delmar Pearson property located in the vicinity of North 40t6 and Englewood Avenues in Yakima, Washington is also true of all the old orchard land in Yakima Coanty. BC:jc �EXPIRES _//P/o 7 Sincerely, Brad Card, P.E. Principal Engineer NW INDEX # E- 1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993 • i i TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER F Applications 1 � ,p(�• _T }j�(S ;Pf %41,4 y.'"l 5, Y..��y."(�.. e 4F ,, 2, �-it Sh n V -. ---41 �.h'hd .rj.f � '-, F-1 Land Use Application submitted for Preliminary Long Plat, SEPA Review, and Transportation Capacity Analysis 05/11/2009 ®_ ® The Casey Gd )ip M E E Architects lif M 5521-A 100th St. SW • Lakewood, WA 98499 (253) 584-5207 FAX (253) 581-9720 TO (?1,ty We Are Sending You: L ETTE TGlaNS040cO DATEJOB - 8 - 6V NO. '7, I Z. G_ ATTENTION •PROJECT BILLING etcePviia inp-r% MAY 1 T 2009 CITY OF YAKIM A PLANNING DIV. 4) Prints 0 Mylars 0 Other❑ Fax Sheets Including Letter Of Transmittal Eit Xerox 0 Disks s 0 ❑ Pick up ❑ Mail.. • .:- . Printing: 0 REPROGRAPHICS HOUSE CASEY GROUP 'A Delivery By 4<i ) --CA- 4 COPIES DATE NO. BILLING Li ,°44/I CL LLQ, (.'/t- . 1 14./t/ . /iiiiiiiii )3 !t - ,i 1 / I _• _ (2_0L o /201 d 8 7 L,J tv.2.44, Q q/1 e_e, ne 1.`1 tui V_____ r 3 /(Nit -7 Pi- P2 -P3 12 y P111)2. _13. 11 I C2 -4/y36 These Are Transmitted As Checked Below: 0 As requested 0 Approved as submitted i For approval 0 For review and comment ❑ For your use ❑ Approved as noted 0 Returned for correction 0 REMARKS 1 DOG. INDEX Lf - COPY TO. SIGNED- 0-'L << —L&,) If enclosures are not as noted, kindly notify us at once. CITY OF YAKIMA LAND USE APPLICATION RECEIVED DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR YAKIMA, WASHINGTON 98902 VOICE: (509) 575-6183 FAX: (509) 575-6105 MAY 1 1 2009 CITY OF YAKIMA 2".�4`O.i.a:4�.i'S:'�3�'�.•��'+Il�S�i'+'$'St��'C�ii5" 1S'I IEYLJ_r;_? ONS P -' ` E RRA1i1 to° easer4yp_e` ,,or punt yonrransweas�clear>ly ` `NANN.1"116.4.0 Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. " ' PART?-weE )E 'I� IlVF3O121VIATIC�DN� 1. APPLICANT NAME Envizage Development Group 2. APPLICANT ADDRESS AND PHONE NUMBER STREET 200 Galloway Drive CITY Yakima STATE WA ZIP 98908 PHONE 253 405 0442 MESSAGE 3. APPLICANT'S INTEREST IN PROPERTY CHECK 0 OWNER ® OWNER REPRESETATIVE ONE 0 CONTRACT PURCHASER 0 OTHER 4. PROPERTY OWNER (IF OTHER THAN APPLICANT) NAME Toscanna, LLC PROPERTY OWNER'S ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STREET 200 Galloway Drive CITY Yakima STATEWA ZIP 98908 PHONE 509 966 8415 MESSAGE 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: 181315-31011 7. EXISTING ZONING OF SUBJECT PROPERTY: R1 & R2 8. ADDRESS OF SUBJECT PROPERTY: Fechter Rd / N. 40th Avenue, Yakima, WA 98908 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) o Class (2) Use ❑ Class (3) Use O Rezone ❑ Variance o Home Occupation ❑ Administrative Adjustment 1] 0 Environmental Checklist (SEPA) 0 Modification to Approved Class (2) & (3) Uses 0 Appeal 0 Non -Conforming Structure/Use ❑ Preliminary Subdivision-Plarne Cevekprent ❑ Short Plat Right -of -Way Vacation Short Plat Exemption Shoreline Utility Easement Release Interpretation by Hearing Examiner Other �P? R�.Qt lITAC IV>LEISTST _ '; EaliMA 10. SEE ATTACHED SHEETS 11. I cert CuA4TYON. .-xaw -: ate: - ." ,-mss",, �.ELVEM he information on this application and the required attachments are true and correct to the best of my knowledge. S.evised 9-98 SIGNATURE DATE CEWED B'i FOR ADMINISTRATIVE USE ONLY PN c —Oc1 P1_F co I -O't 'S Mt -020-D9 FILE o. TcO#O/Qi^ "WO.' - il,iII. DOC. INDEX #F-/ APPLICATION FOR: PRELIMINARY SUBDIVISON CITY OF YAKIMA SUBDIVISON ORDINANCE RECEWED, MAY 1 1 2009 CITY OF YAKlivui PLANNING DIV. 1. PROPERTY OWNER List all persons and financial institutions that have a financial or ownership interest in the property. (Attach if lengthy). Name and address Name and address Toscanna, LLC 200 Galloway Drive Yakima, WA 98908 2. SURVEYOR AND ADDRESS PLSA Engineering & Surveying 1120 W. Lincoln Avenue, Yakima, WA 98902 3. MAIN CONTACT (Person who should receive correspondence and be available to answer questions) Rick Wehr, PLSA Engineering & Surveying 1120 W. Lincoln Avenue, Yakima, WA 98902 4. GENERAL LOCATION OF PROPERTY (Address if available) existing parcel # 1 81 31 5-31 01 1 5. NAME OF SUBDIVISON Toscanna I on Castelvale Rd, across from Seattle Slew Intersection, on ROPOSED NUMBER OF LOTS/RANGE OF LOT SIZES 66 plus common tract SITE FEATURES A) General description of the site (Check all that apply) o Flat 0 gentle slopes a steep slopes B) Are there any indications of hazards associated with unstable soils such as slides or slipping in the area? o YES ®NO Describe: C) Is the Property in a 100 -year floodplain or other critical area as defined by the Washington State Growth Management Act (GMA)? o YES El NO 8. UTILITIES AND SERVICES A) Indicate the source of domestic water and sewage disposal method: City of Yakima Service B) Check which of the following is available: CI Electricity CI Telephone ❑x Cable TV El Natural Gas C) Is irrigation water available to the roperty? L1 YES o NO By whom: Yakima Valley Canal Company D) Distance to nearest fire hydrant; Adjacent to SE property corner @ Kern Road E) Name of nearest street: Castelvale F) Name of nearest school: Discovery Lab School G) Method of handling surface water drainage determined by City q I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review. I understand that condi- tions of approval such as dedication of right -of- way, easements, restrictions on the type of buildings that may be constructed, APaccess restrictions from public roads may be imposed as a part of preliminary plat approval and that failure to meet these ditions may result in denial of the final plat. Property Owner(s) Date el DOC. INDEX � � I • C ivr) y City of Yakima, Washington TRANSPORTATION CAPACITY ANALYSIS The Washington State Growth Management Act (RCW 36.70A.070) requires all new development to be consistent with the existing or planned street system capacities. The City ofYalcimna adopted RECEIVED MAY 1 1 2009 0 CITY OF YAKIMA Yakima Municipal Code Section 12.03 to implement this local requirement. The information you provide with this application will be used to estimate the impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFORMAIION FEE: $2560 (Receipt # --c%42g Applicant Name: r P iiaAl-;~UZ.VeIo irbner,f' 5-govp Contact Person: Ke i f-6, 54 ,4 4 C O9 — ft 6 — 8Y/.S C gel ► 9 ;'2. Mailing Address: ?-e a ll a ta4 y EA- (A1C, ion q Wm-. 9:6 9!'r; Project Address: R r i Spittle &f -cul 2vn vvic- Parcel Number. /6/3 /3-3 ® // - TDs co► no) Oetielapril-tiri!, RESIDENTIAL Number of Units.4,h Descn'be Describe • COMMERCIAL INDUSTRIAL • Housing Type: irms:h Gross Floor Area: Gross Floor Area: (single firmly, Amt, cillo, MEP) I Special Population: No (Assisted Living, Num Home, etc) (Requmred/havided) Parking Spaces= Parking Spaces: (Remrined/Peovided) Other: (Day Care, Church, etc) Number of Employees Number of Employees *****PLEASE AT'T'ACH A SITE PLAN***** Submit this form , attachments and fee to the City Permit Center, Yakima City Hall, I29 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request far Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruitvale Boulevard Yakima. WA 98902 Picone_ 509/575-6005 DOC. INDEX 0 0 • SITE PLAN INSTRUCTIONS & CHECKLIST Important: Must Be Completed And Returned With Application hi Order For Application To Be Determined Complete For Further Processing!!! A DETAILED SITE PLAN IS REQUIRED. On August 8, 1996, the City Council passed a resolution (No. R-96-9 1) adopting a requirement that all site plans submitted in conjunction with my building permit application, land use application, and environmental application shall contain certain information and be approved by the appropriate Division Manager. The required information for the site plan is on a checklist and is enclosed in this information packet. All information that is applicable to your proposal shall be checked off and clearly displayed on the site plan. It is in the applicant's best interest to provide a carefully drawn and scaled site plan with all required information. The decision on whether or not to grant approval of your development proposal is largely based on the information you provide. An application cannot be processed until an adequate site plan is submitted. 1) USE INK. Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink. Ink is necessary for adequate duplication. 2) USE A STRAIGHT EDGE. All lines must be straight and done with the aid of a ruler or other straight edge. Use a compass when delineating circular drawings•such as cul-de-sacs. Computer drafted site plans are acceptable. 3) DRAW TO SCALE. Site plans shall be drawn to scale. The site plan template has a suggested map scale of 1 map inch equaling 20 feet on the ground. Distances on the map must be as representative of reality as possible. For example, if the distance from a structure to a property line is 20 feet, the distance on the site plan will be 1 inch. 4) USE SITE PLAN CHECKLIST. Use the site plan checklist and provide all applicable information on the site plan. 5) FILL IN INFORMATION ON THE SITE PLAN TEMPLATE AVALIABLE AT THE CITY OF Y INFORMATION BELOW TO YOUR SITE PLAN. Complete all information requested on the bottom of If you use a different medium, provide the requested information on the alternative paper. • I • • .ote: You may benefit from the aid of a professional in the preparation of a site plan. LOT COVERAGE CALCULATION a) Footprints(s) of Existing Structures b) Building Addition/New TBD Structure(s) Footprints(s) c) Paved Area(s) (driveways, walkways, patios, eta) d) Proposed Paved Area(s) TBD e) Total Impervious Surface TBD (a+b+c+d =e) 1) Lot Size Varies g) Lot Coverage (e=f X 100 = g) - SQ FT Applicant Name Mailing Address SQ FT Contact Person - SQ FT SQ FT SQ FT SQ FT oho Produced By: Applicant Signature Parcel #(s) Site Address Castelvale Rd Envizage Development Group 200 Galloway Drive, Yakima, WA 98908 TTACH THE MAY 1 I 2009 CITY OF YAKIMA PLANNING 01Y.. te. Keith Basham Phone: ( 253 )405 0442 The Casey Group Architects Date: 4/15/2009 Date: 181 31 5-3101 1 Zoning R1 & R2 Legal Description (brief) See attached MAP SCALE (Please use the given scale if possible. In some circumstances however, a different scale may be more appropriate.) check one 1pPreferred Scale: 1 inch on the map = 20 feet on the ground Custom Scale: 1 inch = 80 PARKING CALCULATION 132 Spaces Required > 132 Spaces Provided DOC. INDEX Department of Communn, and Economic Development Office of Code Administradon Receipt Number:932 129 Porth Second Street, 2nd Floor Yakin , Washington 98901 �Rscel'ptDa �` 1412009 t'.�:.•,3,�"Cashier. J.p2a7; �: PD#001-09 18131531011 Planned Development FEDI-DER RD/N 40TH AVE 1C0#010-09 18131531011 Transportation Capacity Ordinance FECHTER RD/N 401H AVE SEPA#020-09 18131531011 SEPA Env Ironmental Review FECHTER RD/N 40111 AVE PLP#001-09 - 18131531011 Preliminary Long Plat FECHTER RD/N 401H AVE CHECK 5116 Total: $ 2,745.00 $2,745.00 $570.00 $570.00 $250.00 $250.00 $225.00 $225.00 $1,700.00 $1,700.00 Total: $2,745.00 RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANING DIV. $0.00 $0.00 $0.00 $0.00 • genpn trreceipts Page 1 of 1 INDEX 0 F- • • 0 TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXIT LIST CHAPTER G Public Notices v- ;B ,• _ .L...•tt ; .,a is :9 , -Z' i� � y��W��f� 6 C` a , 9. r Ems. . 1- L. ‘-'-v„,.,,, s rt �xT`. ��1� .L. yi�.c YK1 fit'.'-{� Zir 4. +� `�c ;A �E ••=j0 . aT.. ,rK . "T. j -4!M,, I ..a � ,, X92{7' {_�-b '-f1 G-1 Determination of Application Completeness 05/14/2009 G-2 Notice of Application, Environmental Review, and Public Hearing G -2a: Press Release and Distribution E-mail G -2b: Legal Notice and Confirmation E-mail G -2c: Parties and Agencies Notified G -2d: Affidavit of Mailing 05/18/2009 G-3 Notice of Decision for Transportation Concurrency 05/20/2009 G-4 Notice of Mitigated Determination of Non Significance (MDNS) G -4a: Press Release and Distribution E-mail G -4b: Legal Notice and Confirmation E-mail G -4c: Parties and Agencies Notified G -4d: Affidavit of Mailing 06/12/2009 G-5 Land Use Action Installation Certificate and Confirmation of Posting Sign 06/16/2009 G-6 Hearing Examiner Packet Distribution List and Parties of Record 07/02/2009 G-7 Hearing Examiner Agenda 07/09/2009 V G-8 Hearing Examiner Sign -In Sheet 07/09/2009 G-9 Notice of Hearing Examiner's Recommendation (See DOC Index # BB -1 for HE Recommendation) G -9a: Website Posting G -9b: Certified Mail to Applicant G -9c: Parties of Record Notified G -9d: Affidavit of Mailing 07/27/09 G-10 Letter of Transmittal: City Council Public Hearing (Mailmg Labels, Vicinity Map, Site Plan, E-mail to City Clerk) 08/03/2009 G-11 Agenda Statement — Set Date of City Council Public Hearing for Preliminary Plat and Development Agreement 08/04/2009 G-12 Notice of City Council Closed Record Public Hearing 08/04/2009 • i i CITY OF YAKIMA NOTICE OF PUBLIC HEARINGS Toscanna LLC Phase 1 Preliminary Long Plat NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a "Closed Record" Public Hearing on Tuesday, August 18, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, Washington to consider the Hearing Examiner's recommendation on the application submitted by Toscanna LLC for a preliminary long plat to create 66 common -wall lots (plus common area tract), and SEPA environmental review. The subject property is in the vicinity of Castelvale Road and Seattle Slew Run.' In addition, the Yakima City Council will conduct an "Open Record" Public Hearing on the proposed development agreement for a master planned development. Closed Record Hearing means the public is invited to testify on the existing Hearing Examiner's records, but will not be allowed to introduce any new information. Open Record Hearing means public testimony will be allowed and may be considered in the final decision. Any citizen wishing to comment on this request is welcome to attend the closed record public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901"; or, 2) E-mail your comments to ccouncil@ci.yakima.wa.us. Include in the e-mail subject line, "Toscanna preliminary plat." Please also include your name and mailing address. Dated this 4h day of August, 2009. Deborah Moore City Clerk DOC. INDEX = t• - . .• . • • • AGENDA STATEMENT . ..• .- • • ••••• , • - - • ESU50NIES OF THE crrycopiNli, •-• -•!- • , • •:":1 - tihean ong rc %4.,• ?ha' 11-e, rt. -A, f4i. 7 11.€..;f:rtf•=7.,*2:"`?"=1.:?..10. • •-.3.."..-,...^1.,,i+4704 svak'fi,:-. • • • • • CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Debbie Moore, Yakima City Clerk, by hand delivery, the following documents: 1. Mailing labels for TOSCANNA LLC (PD#001-09, PLP#001-09,. SEPA#020-09); including all labels for adjoining property owners within 500 feet of subject property, agencies and parties of record. 2. One black and white vicinity map. 3. One site plan. 4. I have also transmitted to Debbie Moore, Yakima City Clerk, by e-mail, a Legal Notice which was published for the Hearing Examiner Public Hearing. This will supply information to be included in the City Clerk's legal notice of the City Council Public Hearing. Signed this 3rd day of August, 2009. 1_,01")/edl R. alinda Ibarra Planning Technician Received By: Date: 4144...v 0/e DOC. INDEX 181315-31403 917 TRIPLE CROWN LLC 917 TRIPLE CROWN WAY # 20 YAKIMA, WA 98908 •315-32442 ANATOLE & ELIZABETH KIM 911 COACH CT YAKIMA, WA 98908 181315-24442 ARNO L & JOYCE L PELL JOHNSON 4306 FELLOWS DR YAKIMA, WA 98908 181315-34477 BLANCHE L FORTIER 4201 GARDEN PK WY B YAKIMA, WA 98908 181315-34462 BURTON & LAURA LEIGH POWERS 4107 GARDEN PARK WAY YAKIMA, WA 989082629 181315-24414 LES G SCOTT DONALD DR MA, WA 98908 181315-32502 CLIFFORD P & MARGARET KNOBEL 801 TENNANT LN YAKIMA, WA 98901-3727 1=1315-314 D P PRO 21 YAK ES INC HEL • S S WA 9890 62 181315-31408 D E P PROPERTI 2101 SAINT YAKI .s W. 8902 INC ST 6 181315-32499 AIDA 0 GARCIA 821 CONESTOGA BLVD YAKIMA, WA 98908 181315-24473 ANDREW M & WILMA JEAN MERVOS 4108 DONALD DR YAKIMA, WA 98908 181315-31402 BAKER BOYER BANK PO BOX 1263 YAKIMA, WA 98907 181315-32400 BRUCE A LAWRENCE 918 CONESTOGA BLVD YAKIMA, WA 98908 181315-24443 C. DEAN & GERALDINE AMENDE 4304 FELLOWS DR YAKIMA, WA 98908-2207 181315-32456 ANAL Y SEIF 828 N CONESTOGA BLVD YAKIMA, WA 98908 181315-3250111111 ANTHONY R & LORI T THOMAS 5808 SUMMITVIEW AVE STE A YAKIMA, WA 98908 181315-33466 BETTY ANN VAN RYDER 807 N 46TH AVE YAKIMA, WA 98908-2467 181315-33478 BRUCE S & DIANE N CROCKETT 713 N 46TH "AVE YAKIMA, WA 98908 181315-34479 CAROLINE PURDON 4301E GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-34034 181315-32493 CHRISTIAN LIFE CENTER CHURCH OF CLAUDE M & PAULA SLAYE 716 N 40TH AVE 4506 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32492 CONNIE J WHITE 4001 SUMMITVIEW AVE # 5 YAKIMA, WA 98908 181315— 407 E P 0. TIES/ I 01 AINT S YA MA, WA 98902-4162 181315-24424 DAMEN GARCIA 143 ROBERTS RD YAKIMA, WA 98908 181315-32446 181315-32452 DANIEL A & BROOKE L ALLEN DAVIS DAVE & BECKY FRANKLIN 908 COACH CT 4604 SURREY LN ®OC. YAKIMA, WA 98908 YAKIMA, WA 98908 INDEX • 181315-33467 DAVID L & JUANITA WILBURN 711 N 46TH AVE YAKIMA, WA 98908 181315-32469 DAVID T. JOYNT 821 CARRIAGE HILL DR YAKIMA, WA 98908 181315-31405 D E P PROPERTIES INC 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 181315-31408 D- P PROP ES I 21'1 SAI. HE. N S YAK ., WA 9890 —41.2 181315-24468 DAN K & ELIZABETH E PENHALLEC 4105 FECHTER RD YAKIMA, WA 98908-2431 181315-32432 DAVID C IRWIN 111/1 440YAKI CARRIAGE 98 H8LL-2 DR 15 YAKIMA, WA 98908-2415 1315-32459 DILEEP & AMY DHRUVA 46.03 PHAETON PL YAKIMA, WA 98908 181315-32491 181315-32510 181315-32494 DONALD & REMONA TRUHLICKA TRUST DONOVAN M & DIANE M YOUNG DOUGLAS B & THERESA ALLEN 4604 SONNESTOGA BLVD 913 CONESTOGA BLVD 4504 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 989082423 YAKIMA, WA 98908-2425 181315-32508 181315-34458 DUANE R & DOROTHY L BRODRICK KNI EDITH MC ARTHUR 909 CONESTOGA BLVD 4203A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2673 181315-24422 ERIC & BARBARA J CURETON 4203 FECHTER RD YAKIMA, WA 98908 181315-32468 GEORGE J & SUSAN G VLAHAKIS JR 819 CARRIAGE HILL DR YAKIMA, WA 98908 181315-33472 181315-32437 GERALD N &°CYNTHIA PERKINS HINO GERALD N &'DIANA'L MELLEN 724 N 44TH AVE 904 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908-2422 181315-32513 GREGORY G CHIN FAMILY TRUST 919 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-24447 HAN CHOL & HYONG 0 KIM 4305 FELLOWS DR YAKIMA, WA 98908 181315-32401 ELSIE M KUSHNER 4403 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-23023 GERALD & DOLLY BUSEY 4307 FELLOWS DR YAKIMA, WA 98908 181315-23018 GERALD W & JUDY ADAMS 4501 FECHTER RD YAKIMA, WA 989082434 181315-32511 HECTOR R FELIX 915 CONESTOGA BLVD YAKIMA, WA 98908 -33474ilI5 1315-3 75 181315-34035 MACGREGOR GH M 'GR= OR INTERNATIONAL CHURCH FOURSQUA OX 4585 P BO 4585 1910 W SUNSET BLVD #200 EL DORADO HILLS, California 9576 EL DORADO HILLS, California 9576 LOS ANGELES, California 90026 181315-34459 181315-34480 JACK H & SHIRLEY L BARKER TRUSTE JACK HARWOOD 4203 B GARDEN PARK WAY 4109A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2629 18.1315-24464 JACK M & NATALIE G KING 4109 FECHTER RD. YAKIMA, WA 98908-2431 181315-32498 JAMES R. LANE 819 CONESTOGA BLVD YAKIMA, WA 98908-2420 81315-24412 ES CKET 40 GL • AV 0 YAKIMA, WA 98908- 19 181315-34481 JEFFREY & VIVIENNE GAMACHE 4109B GARDEN PARK WAY YAKIMA, WA 98908-2629 181315-24445 JACK I & MARY H LOVELL 4301 FELLOWS DR YAKIMA, WA 98908-2208 181315-32465 JAMES L & BONNIE P SCOGGINS 4603 CONESTOGA BLVD YAKIMA, WA 98908 181315-34463 JEFFREY T & TERESA L LOUMAN 4105 GARDEN PARK WAY YAKIMA, WA 98908 181315-33436 181315-31007 181315-3.•.: JE D A & SYLVIA JACOBY JERRY L & MARCIA L BLEVINS iJ:RRY & "CI BLE 4 Y H AV , WA DTO WAY 802 N 98908 YAKIMA,TH AVE WA98908-2402 HOOD' YAKIMA, WA 98908-2402 181315-32504 JOEL & JOAN WEYHE 301 CONESTOGA BLVD YAKIMA, WA 98908 # 6-10 181315-32447 181315-32430 JOHN & DEBBI SPITLER REVOC LIVIN JOHN E & PFGGY A MAXWELL 906 COACH CT 4410 CARRIAGE HILL DR YAKIMA, WA 98908-2418 YAKIMA, WA 98908-2415 181315-32470 JOHN F & gERRIILYN MAKINS 323 CARRIAGE HILL DR i'AKIMA, WA 98908 181315-32405 JOHN G & ROBIN WATKINS 4411 CARRIAGE HILL DR YAKIRMA, WA 98908-2416 181315-34456 JOHNETTE SULLIVAN 4303 GARDEN PARK WAY YAKIMA, WA 98908 • o 181315-32402 JOSH & JAEL HUIZAR 1405 CARRIAGE HILL DR (AKIMA, WA 98908-2416 181315-32496 CENT A MC LACHLAN 315 CONESTOGA BLVD (AKIMA, WA 98908 181315-32435 KATHRYN I BLANKENSHIP 908 CONESTOGA BLVD YAKIMA, WA 98908-2422 181315-24423 KENT C SEELIG 4204 DONALD DR YAKIMA, WA 98908 181315-34476 KAY LUCAS REVOCABLE LIVING TRL 225 19TH ST NE # 15 EAST WENATCHEE, WA 98802-4272 181315-24444 LARRY & BARBARA KOREIS 4302 FELLOWS DR YAKIMA, WA 98908 -81315-24420 181315-32497 181315-32433_ .ARRY R & BETTY DOUGLAS LEE C'& PATRICIA J CLARK LEO & KAREN LEE 1201 FLETCHER RD 817 CONESTOGA BLVD 4404 CARRIAGE HILL DR 'AKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908-2415 .81315-24413 .ESLIE C RUCKER .013 FELLOWS DR 'AKIMA, WA 98902 181315-32434 LEX C & ANITA L TOWNS 21767 RADICLE RIDGE WAY KIRKSVILLE, Montana 63501 S 5-33435 181315-24426 J & MARGARET E PETERSCHICK MANUEL L LOZANO 46TH AVE 4206 FELLOWS DR "AKIMA, WA 98908-2401 YAKIMA, WA 98908 81315-32460 MARTIN K & SANDRA M DEVER 605 PHAETON PL AKIMA, WA 98908 181315-32445 LISA J ZIGLER 910 COACH CT YAKIMA, WA 98908-2418 181315-33437 MARIO M & JANE VILLANUEVA 4603 MODESTO WAY YAKIMA, WA 98908-2578 181315-32431 181315-24450 MATTHEW D & HOLLY J CHRISTENSEN MELICIEN TETTAMBEL 4408 CARRIAGE HILL DR 4302 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 81315-33.473 181315-32404 181315-32441 ICHAEL & SUE GUNDERSON MICHAEL B GEFFRE MICHAEL L & CYNTHIA G MCFARLAN 20 N 44TH AVE 4409 CARRIAGE HILL DR 909 COACH CT AKIMA, WA 98908-2610 YAKIMA, WA 98908-2416 YAKIMA, WA 98908-2452 81315-32506 ILTON LEE & KARIE LYNN COOPER 05 CONESTOGA BLVD AKIMA, WA 98938 81315-24434 OMITA MEHTA 018 FELLOWS DR 1111, WA 98908 81315-32509 ATRICK A TRUE 11 CONESTOGA BLVD AKIMA, WA 98908-242.3 181315-34036 MT ADAMS CATTLE CO 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 18131 24435 19 N MI YAKIMA, 0 98908 DOC. INDEX 6P -A0 181315-31409 NICLOAS K REEP, DDS,PS 3804 KERN RD # A YAKIMA, WA 98902 181315-24446 PAJAH LLC 805 N FRONT ST YAKIMA, WA 98901-2219 181315-24449 PAUL F. HAMMERSTAD 805 N FRONT ST YAKIMA, WA 98901-2219 • 181315-24417 PUCCINELLI REVOCABLE LIVING TR 4102 DONALD DR YAKIMA, WA 98908 181315-32512 RAYMOND,& ANITA A NAVARRO 917 N CONESTOGA BLVD YAKIMA, WA 98908 181315-32443 RICHARD J & ELIZABETH IRONS 913 COACH CT YAKIMA, WA 98908 /77,7 Og 181315-32462 ROBERT C MARTIN CIRCLE PO BOX 2667 TON, South Carolina YAKIMA, WA 98907 181315-32464 ROBERT .M & JUNE W WILKES 4601 CONESTOGA BLVD YAKIMA, WA 98908-2428 181315-32503 RONALD V & LINDA J HATFIELD 829 CONESTOGA BLVD YAKIMA, WA 98908 181315-32436 SCOTT M LARSON 906 CONESTOGA BLVD YAKIMA, WA 98908 5-32505 ESE C. HAMM CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-32467 THOMAS R. DDS ROSIER 817 CARRIAGE HILL DR YAKIMA, WA 98908 18131.5-31011 TOSCANNA LLC 200 GALLOWAY DR YAKIMA, WA 98908-9023 181315-32457 TREVOR L T & MELANIE M GREENE 826 CONESTOGA BLVD YAKIMA, WA 98908-2421 18 315- -458 W 8 .' ST , WA 98908 181315-32440 WILLIAM D & ANNA M MAHONEY 905 COACH COURT YAKIMA, WA 98908 181315-32463 ROBERT R & MARIE C NEWSTEAD 814 CONESTOGA BLVD YAKIMA, WA 98908-2419 181315-32454 ROSEMARY FALON 4506 SURREY LN YAKIMA, WA 98908-2440 181315-32444 RICHARD L & LISA BALDOZ 912 COACH CT YAKIMA, WA 98908 181315-3243.9 ROBERT H & KIMBERLY A WILKIN 4503 SURREY LN YAKIMA, WA 98908 181315-33479 RON & TERESA JONES 715 N 46TH AVE YAKIMA, WA 98908 181315-34478 RULON C BERGESON 4301A GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-32403 181315-24415 STAN K & JACQUELINE KORESKI BIRD STEPHEN P & KAREN L HARRISON 4407 CARRIAGE HILL DR 1019 FELLOWS DR YAKIMA, WA 98908-2416 YAKIMA, WA 98908 181315-33038 THOMAS & DOLORES M GASSELING 714 N 44TH AVE YAKIMA, WA 98908 181315-32438 HOMAS & S ON + - DOUT BO` 1.974 YAKI :8909-1974 81315 3403 OS 0 ALL: Y DR YAKIMA, WA 98908-9023 181315-24432 TYRONE F RODRIGUEZ 4203 FELLOWS DR YAKIMA, WA 98908 181315-32466 THOMAS E & LOIS H NELSON 815 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32429 TIMOTHY G & LYNN M GELLERSON 4506 CARRIAGE HILL DR YAKIMA, WA 98908-2417 181315-34455 TRAVIS L & SANDRA D RUNDELL 1 4305 GARDEN PARK WAY YAKIMA, WA 98908 181315-32453 VIVIAN & SHAWN C LOUDON 4602 SURREY LN YAKIMA, WA 98908-2442 181315-32500 181315-32514 WAYNE E & COLLETTE M HEFFNER JR WILLIAM & MACILE-TR COWMAN 823 CONESTOGA 921 CONESTOGAAR YAKIMA, WA 98908 YAKIMA, WA 989WWV• 181.315-3455 WILLIAM PO $9X162 .LILLIWAUP, WA 98555-0062 INDEX # G-io 181315-24425 WILLIAM P & TERI L FOSTER 4207 FECHTER RD YAKIMA. WA 9890R • 181315-32461 WILLIAM W & KIMBERLY K FETZER 4604 PHAETON PLACE YAKIMA, WA 98908 181c 5-3.495 YAK' MA 129 YAKIMA, WA 98901-2613 181315-31401 YAKIMA COMMUNITY FEDERAL CRED PO BOX 2707 YAKIMA, WA 98907-2707 • Maud Scott 111/1 181315-42406 181315-32507 307 Union Street YAKIMA VALLEY MEMORIAL HOSPITAL YUN G & AE S CHOI Yakima, WA 98901 2811 TIETON DR 907 CONESTOGA BLVD YAKIMA, WA 98902 YAKIMA, WA 98908-2423 137 labels printed for map sheet toscanna • • 181315-24472 RICK OEHRING 84 ACRLW ODS PL SPRING, TX 77382 DOC. INDEX # G -t D • • ' Parties of Record — Toscanna LLC — PD#001-09, PLP#001-09, SEPA#020-09 Sjule Galloway Drive Yakima, WA 98908 Rick Wehr 1120 West Lincoln Avenue Yakima, WA 98902 Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Ron Hatfield 829 Conestoga Blvd Yakima, WA 98908 i 9 Keith Basham 12419 172nd Street E, #NN103 Puyallup, WA 98374 Chad Hatfield 414 North 2nd Street Yakima, WA 98901 Hasan Tahat . 329 North 1st Street Yakima, WA 98901 Bob and Jan Martin 4602 Phaeton Place Yakima, WA 98908 n4 v ( C e l ea 1'1i2� i�rl --fl9 Pt/col-00/-0g s D -D-09 q0kff Paul Casey 5521 100th Street, SW , #A Lakewood, WA 98499 Dan Johnston 1102 Fellows Drive Yakima, WA 98908 Gwen Clear 15 West Yakima Avenue #200 Yakima; WA 98902 Sonny Cooper 905 Conestoga Blvd Yakima, WA 98908 DOC. INDEX • - Toscanna LLC - PD#001-09, PLP#001-09, SEPA#020-09 .'qt-.. i , tia+ �; i..,tr.;'haj2,1--nyi ire ' �lxt + 4 °f s ..a i.t 4- `'3" ,. } _vs s4 i �8+shev tau y� .�d� k ,` RV q ? .� 4" , 200 Galloway Drive C( , � , 7. n.ct? Yakima " 'ate WA L.� frr tl� r. a, 98908 -, 86-.. n Yes Envizage Development Group Sjule David Toscanna LLC Basham Keith 12419 172nd Street E, #NN103 Puyallup WA 98374 No The Casey Group Casey Paul 5521 100th Street, SW , #A Lakewood WA 98499 No PLSA Wehr Rick 1120 West Lincoln Avenue Yakima WA 98902 No Hatfield Chad 414 North 2"d Street Yakima WA 98901 No Johnston Dan 1102 Fellows Drive Yakima WA 98908 No Yakima Valley Canal Co. Smoot Robert 1640 Garretson Lane Yakima WA 98908 No Yakima Regional Clean Air Tahat Hasan 329 North 1'` Street Yakima WA 98901 No Dept. of Ecology Clear Gwen 15 West Yakima Avenue #200 Yakima WA 98902 No Hatfield Ron 829 Conestoga Blvd Yakima WA 98908 Martin Bob and Jan 4602 Phaeton Place Yakima WA 98908 Cooper Sonny 905 Conestoga Blvd Yakima WA 98908 Aloof 1 • Updated on August 3, 2009 • OD -RG, SEPA Reviewer Army Corps Box c-3755 rale, WA 98124 Cascade Natural Gas 701 S. 15t Ave Yakima, WA 98902 Chamber of Commerce 10 N 9`h St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6`h Ave. MS 623 Seattle, WA 98101 4AA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation i 11 S. 18th St. Yakima, WA 98901 Yakima School Distract Superintendent 104 N. 4"` Ave Yakima, WA 98902 ' Yakima Airport Manager 2400 W Washington Ave Yakima, WA 98903 • Lis 1 Ut• JrrA KEVIEWINU ACiENCLES Dept. of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Dept of Soc/Health Service Capital Programs Ofc. Bldg#2 MS OB -23B Olympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W. 4th Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2"d Ave. Room 304 Yakima, WA 98902 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr - PO Box 151 Toppenish, WA 98948 Mr. Greg Gnffith Div. of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste 102 Yakima, WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W. Pruitt Clean Air Authonty 329 North 15t Street Yakima, WA 98901 Mr Lee Faulconer Dept. of Agriculture PO Box 42560 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Nob Hill Water Co 6111 Tieton Drive Yakima, WA 98908 Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 DOC. INDEX Page 1 of 2 • Ahtanum Irrigation District P 0 Box 563 •/aklma. WA 98907 Wastewater Division Wastewater Treatment Plant Yakima County Commissioners Mr Vern Redifer Yakima County Public Services Mr Steven Enckson Yakima County Planning •ept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 • LIS 1 01- SbPA REVIEWING AGENCIES YVCOG Transportation Planner 311 N. 4'h Street STE 202 Yakima, WA 98901 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Histonc Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicolai Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 iC DC C1+9 D u.n ct R9 Pr001 r°61 aR PL�ovl sA-0° Joh Yakama Indian Nation Environmental Protection Prog Moses Segouches PO Box 151 Toppenish, WA 98948 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Enc Bartrand Dept. of Fisheries 1701 S. 24`h Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton'Drive Yakima, WA 98902 DOC. INDEX # 640 O O Page 2 of Royale Schneider 0 Code administration Carolyn Belles Code Administration Ron Melcher Fire Dept. City Legal Dept. Sand) Cox, Codes City Clerk DECISIONS DECISIONS ONLY ONLY For the Record/File s i Binder Copy DECISIONS ONLY nor ,Ing Pt�"'°1ol-%i pLp� ago-uq s� sJiq Mike Antijunti Mike Shane Engineering Division Water/Irrigation Div. Jerry Robertson Code Administration Bill Cook, CED Dir. DECISIONS ONLY Coot) Ct. f Office of Neighborhood & Development Services Nathan Thompson DECISIONS ONLY DOC. INDEX # 6-10 ! ,, - , 1 .- t ----i, 1 , J--' i L 1:.:. �. • • let/ —� L � f ���, /Wu' 1 I • fT r Comoro NW .r. ,• 1 ' ' 1 1 ; 1 , i --I ' �` i `' 1 CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: PD001-09 PLP001-09 SEPA020-09 APPLICANT• Envizage Development DOC. REQUEST: Construct 66 common wall units. Planned INDEX Development. # _/0 LOCATION: Vic Pechter RD/N 40th Ave ®®� Subject Propert .`-,, Yakima City Limits .7 Scale —! in = noon 0 200 400 triacaena OS/22/09 • • RECEIVED MAY ! 4 2009 QTY OF YAK/MA PLANNING O. COVellt TIM. AM. RN npJ•CD M p Iteaseatecak WO J d 0 z 1 0 Preliminary Plat/Pfaflnea ���y f ` Development Sire Plan - • • Vicinity Map Casey Group Architects Architecture And Planning • • P1 • • asey roup rc ec Architecture And Planning ragc1011 Ibarra, Rosalinda from: Ibarra, Rosalinda Sent: Monday, August 03, 2009 10:24 AM To: Moore, Debbie Subject: Legal Notice Example Toscanna LLC - PD001-09 PLP001-09 SEPA020-09 Attachments: Notice of Application and SEPA - Toscanna - PD PLP SEPA_ Legal Notice.doc Debbie, Attached is the legal notice which was published for the Hearing Examiner Public Hearing on TOSCANNA LLC (PD#001-09, PLP#001-09, SEPA#020-09). This is an example for you to use for publishing the City Council hearing which will be set on August 4, 2009 for a public hearing on August 18, 2009. The mailing labels will be delivered to you shortly. Thanks! Rpsa&ndu gam Planning Technician ribarra@d.yakima wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 i 8/3/2009 DOC. INDEX • • • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-09, PLP#001-09, SEPA#020-09 Toscanna LLC/ Envizage Development Group Vicinity of Fechter Road and North 40th Avenue I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant by certified mail, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 27th day of July, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Technician DOC. INDEX G -9d O O Applicant and Parties of Interest Notified for NOTIFICATION OF REARING EXAMINER'S COMMENDATION dated July 27, 2009. Applicant: Toscanna LLC File: PD#001-09, PLP#001-09, SEPA#020-09 CERTIFIED MAIL 7005 2570 0000 1372 1055 Envizage Development Group c/o David Sjule 200 Galloway Drive Yakima, WA 98908 CERTIFIED MAIL, 7005 2570 0000 1372 1048 Toscana LLC c/o Keith Basham 12419 172nd Street E, Ste#NN103 Puyallup, WA 98374 ***SEE ATTACHED LIST FOR ADDITIONAL PARTIES OF RECORD*** In -Douse Distribution List Royale Schneider de Administration Ron Melcher Fire Dept. Mike Antijunti Engineering Division Mike Shane Water/Irrigation Div. arolyn Belles Code Administration City Legal Dept. Office of Neighborhood & Development Services Jerry Robertson Code Administration For the Record/File Nathan Thompson, Codes DECISIONS ONLY Sandy Cox, Codes DECISIONS ONLY City Clerk DECISIONS ONLY Bill Cook, CED Dir. DECISIONS ONLY Binder Copy DECISIONS ONLY • DOC. INDEX # 6-q c • PO of 1 • i osca.n/?a.i --P01-001-0q 14E- ,QeGo moitor/ dQY'e77 1/a7/u9 • Updated on July 27, 2009 0 Parties of Record - Toscanna LLC - PD#UU1-U9 PLP#UU1-09 SM'A#UZU-U9 ,LI'l 11$ r ,7 .;l" /t 1 �Ip :t if � i t h� ': l�l r '+-r�� „�Ltiw �s-t �' S ::tTh- k��i`�'1 �7 �`j?. Th�'�fft t { s in lb' y�,r . ,� t,b'..:h}�'�e�l. .♦j^.'u NN 7 F .ir, - 1 1�� i�A � �'t Fy'tr �^-i .,Ay -yj. r t f 'X.. x � r MYk.,, 2 S IVr..: .'TS iD ' � ��°� � Ji 1� � �`iF d.'yi �Yr{'- �, •Ta 1 �}' .cts x ,1 v c, nt � .,.a %.`# 5 �tf'f' ' t: :;w ? i y , - T ,£.�� <`��j��7�� s..1 l;A,}„` p t4" v• �� �•�' 3 ? ^r'fm^ ��'. - y arat4 r.. tl 4 �. i e - i�l V{ d: '1 ?'%->, f.;...,e �h 7 AL 0({�Jt t� Envizage Development Group Sjule David 200 Galloway Drive Yakima WA 98908 Yes Toscanna LLC Basham Keith 12419 172"d Street E, -,#NN103 Puyallup WA 98374 - No The Casey Group Casey Paul 5521 100th Street, SW , #A Lakewood WA 98499 No PLSA Weir Rick 1120 West Lincoln Avenue Yakima WA 98902 No Hatfield Chad 414 North 2"d Street Yakima WA 98901 No Johnston Dan 1102 Fellows Drive Yakima WA 98908 No Yakima Valley Canal Co. Smoot Robert 1640 Garretson Lane Yakima WA 98908 No Yakima Regional Clean Air Tahat Hasan 329 North 1St Street Yakima WA 98901 No Dept. of Ecology Clear Gwen 15 West Yakima Avenue #200 Yakima WA 98902 No Hatfield Ron 829 Conestoga Blvd Yakima WA 98908 Martin Bob and Jan 4602 Phaeton Place Yakima WA 98908 Cooper Sonny 905 Conestoga Blvd Yakima WA 98908 • PO of 1 • i osca.n/?a.i --P01-001-0q 14E- ,QeGo moitor/ dQY'e77 1/a7/u9 • Updated on July 27, 2009 0 • co r-1 ru N m rR C3 C3 C3 1=3 Ln nJ Ln t A I, Postage Careen! Foe Ration Receipt Fee (Endorsetnerd R Restricted Deforery Fee (Endorsement Rooftree!) $ Total Orodone A Fes. .ft Keith Basham Toscanna LLC 12419 172nd Street E, UNN103 Puyallup, WA 98374 -"COMPLEX f SE C: T. 1 0 1,,,e0NDEVIVE • , Complete Items and 3. Also complete Item 4 if Restricted Delivery Is desimd. si Print your name an -address on the reverse so that we can return the card tO you. _ Attach this Card to the back of the mailpiece, or on the front If space permits. 1. Ardcie Addressed to: Keith Basham Toscanna LLC 12419 172nd Streee-E, #NN103 Puyallup, WA 5 8374 +;:iter#41...fir D. ls delivery ..• _ rt)m 1? 0 Yes If YES, ember deevery address below: JUL 3 1 2009 CITY OF YAKIM, 0 No 2. Article Number 612nsfer ftirEseivke labe0 PS'Form 3811, FebruarY2004 Domestic Return Receipt 3. Service Type ACertifted Mail El Registered 0 hawed Man 0 Express Mail o Return Receipt for Merchandise o C.O.D. 7005 2570 0000 1372 1048 10259s -o2 -m-1540 DOC. INDEX # 6-qb • • • c. (Damest1c Mail Only xNo insurance, rowaea� �. Fordelrvery�rnformabon?vis ttourlwebsi to at www jSP c�i i;, , 4 A. L v Y+ Postage Certified Fee �(Endorsement R ) Restrtoted RequFee ite Total Pcstaae & Fees or PC Postmark Here Tbiloq David Sjule Envizage Development Group 200 Galloway Drive Yakima, WA 98908 .. c O 153SECTION SENDER CONTPLETE 7H a s �� C a _t 3. Also complete Ri itemm 4 f eeKernsRestrictea d De Is desired. 4 if dress on the reverse DI Print your name and ad so that we canrT � the card to e back 8 mailpiece� El Attach this card to or on the front if space permits. 1. Article Addressed to: • O David Sjule Envizage Development Group 200 Galloway Drive Yakima, WA 98908 2. Article tiumber service tabs (Render from PS Forth 3811, FebruaN 2004 tem 11 ❑Yes 0 No If YES. JUL 2 9 2009 3. Ser aANNIRG DIV• Express Mau RagIstatedd 0 ReturnReceipt for Merchandlse 0 Imaged Magi 0 C.O.D. 7005 2570 0000 1372 1055 Domestic Rehm Receipt 102505-02-M4540 DOC. INDEX # G-qb Ibarra, Rosalinda _ ._. •rorn: Ibarra, Rosalinda Sent: Monday, July 27, 2009 12:09 PM To: Brackney, Rosanne Subject: 07-27-09 Website Posting: Hearing Examiner's Recommendation - Toscanna Attachments: final Toscanna I recommendation.pdf Rosanne, please post to: http 7www.ci.yakima.wa.us/services/plannin_g/hearingexaminer.asp under RECOMMENDATIONS. Thanks! �sa1 nda I6arra Planning Technician ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 9 i 7/27/2009 DOC. INDEX • • • NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION July 27, 2009 On July 9, 2009 the City of Yakima Hearing Examiner held an open record public hearing for the preliminary plat and planned development of Toscanna, Phase 1 (PD#001-09, PLP#001-09). The application was submitted by Envizage Development Group, to construct a residential development which consists of 66 common -wall lots and gated, private streets. The Hearing Examiner rendered his recommendation for approval, subject to conditions, on July 22, 2009. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The project is subject to hearing before City Council, which is tentatively scheduled for August 18, 2009. The City Clerks office will send official notices of the date of the hearing once it is set by City Council. For further information or assistance you may contact Joseph Calhoun, Assistant Planner at (509) 575-6162. (2-; Joseph Calhoun Assistant Planner Date of Mailing: July 27, 2009 Enclosure: Hearing Examiner's Recommendation DOC. INDEX # _R 0 0 LANN OFFICE OF PATRICK 4 . SPIAKGIN 411 NORTH 2ND STREET YAKIMA, WASHINGTON 98901 TELEPHONE: 509.248.4282 CITY OF YAKIMA FAX: 509.575.5661 CODE ADMIN. DVIISION July 22, 2009 Planning and. Code Administration Division City of Yakima 129 North 2nd Street Yakima, WA JUL 2 4 2009 ❑ REC' V D FAXED 0 ❑ PAID FYI ❑ Re: Envizage Development Group, PD 001-09;PLP 001-09 (Toscana 1) To whom it may concern: Enclosed is the Hearing Examiner Recommendation for the referenced Master Planned Development Overlay and Preliminary Plat review application. Do not hesitate to call me at 248-4282 with any questions regarding these documents. cc. Gary Cuillier Yakima County Development Services i DOC. INDEX HEARING SIGN -LN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: Thursday July 9, 2009 A. PD#001-09 PLP#001-09 SEPA#020-09 B. CPA# s 1-09 t 02-09 SEPA#010-09 TOSCANNA LLC / ENVIZAGE DEVELOPMENT Vicinity of Fechter Road & North 40th Avenue 4\r/r77S 56'h Avenue C. CPA#002-09 RZ#003-09 SEPA#012-09 NOEL PROPERTIES LLC 1012 South Naclhes Avenue PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A. B. or C. • 5/Z/,7A/ five r 4 A - kVW � r.sem )OP tAthti-6111 174. 5 4 m- t44- . /lam w. S-WCot-fI `-VY." is 1� p b& \414 U LO Z Pvtiyear0 PU4t�. Yrwc.►.i,A qe goz oteiA 9c 'N Ccs qo5 carlis7vp igkef7 gwor • Page I DOC. INDEX # U_g 0 • i DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 a Fax (509) 575-6105 o www.ci.yakima.wa.us CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday July 9, 2009 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. TOSCANNA LLC/ (05/11/2009) PD#001-09 ENVIZAGE DEVELOPMENT GROUP PLP#001-09 Planner: Joseph Calhoun SEPA#020-09 Address: Vicinity of Fechter Road & North 40th Avenue Request: Planned development for Toscanna LLC consisting of the construction of 66 common -wall dwelling units. B. TWO BLUFFS LLC (03/03/2009) CPA#001-09 Planner: Vaughn McBride RZ#002-09 Address: 115 North 56th Avenue SEPA#010-09 Request: Comp Plan Amendment to change the Future Land Use Map designation from Low Density Residential to Professional Office and rezone parcel from R-1 to B-2. C. NOEL PROPERTIES LLC (03/05/2009) CPA#002-09 Planner: Vaughn McBride RZ#003-09 Address: 1008, 1010, 1012 South Naches Avenue SEPA#012-09 Request: Comp Plan Amendment to change the Future Land Use Map designation from High Density Residential to Industrial and rezone parcel from R-2 to M-1. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. 1 DOC. INDEX # --7 Yakima tegafr 111.11? 1994 Hearing Examiner Packet IMstribution List ENDA ONLY Ken Crockett Mike Brown Comm. Relations Sam Granato Police Chief Charlie Hines Fire Chief Debbie Moore City Clerk • Carolyn Belles Codes Dave Zabell Assistant City Manager Dick Zais City Manager Codes Bulletin Board • Phil Lamb 311 North 3th Street Yakima, WA 98901 Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Ben Soria Yakima School Dist. #7 104 North 4th Street Yakima, WA 98902 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Yakima Valley C.O.G. 311 N. 4th Street STh 202 Yakima, WA 98901 KAPP TV Brian Paul P.O. Box 10208 Yakima, WA 98909-1208 Radio KDNA P.O. Box 800 Granger, WA 98932 DOC. INDEX KIT-KATS Radio 4010 Summitview, Suite 200 Yakima, WA 98908 KARY Radio 1200 Chesterly Dr. #160 Yakima, WA 98902 KIMA TV P.O. Box 702 Yakima, WA 98907 KNDO TV 1608 S. 24th Ave Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 VIVA P.O. Box 511 Toppenish, WA 98948 t KBBO-KRSE Radio 1200 Chesterlye Dr. St. 160 Yakima, WA 98902 Patrick D. Spurgin 411 N. 2nd St. Yakima, WA 98901 Gary Cuillier 314 N. 2nd Street Yakima, WA 98901 Maud Scott 307 Union Street Yakima, WA 98901 0 Hearing Examiner Packet iiiSNDA, STAFF REPORT, PLAN AND MAPS......... Yakima County Planning County Courthouse i City Legal Department Office of Neighborhood and Development Services Binder Copy For the Record/File Engineering Mike Antijunti Bill Cook CED Director DON'T FORGET TO SEND ONE TO THE APPLICANT........... David Sjule Envizage Development Group 200 Galloway Drive Yakima, WA 98908 Keith Basham Toscanna LLC 12419 172nd Street E, #NN103 Puyallup, WA 98374 Paul Casey The Casey Group 5521 100th Street, SW , #A Lakewood, WA 98499 Risk Wehr PLSA 1120 West Lincoln Avenue Yakima, WA 98902 DOC. INDEX • ties of Record - Toscanna LLC - PD#001-09, PLP#001-09, SEPA#020-09 4(0''LL;;;-.1' ' Bi �tl� '.9-/- S, ;J {0 3;�' r s �r r{ rt,.�Zh;4 W Fdi t; Vii. ..,i,� 1 ' k :ti ,h cl ,t+ �1 `r .�,r i r� �:'J ,�{j 4c,r r -�� f Y.,"^g ,u "`$' .utih 'ri�rn0.117.-^4:!.. c. t ,1 , '�f.117 q , .n n�P n! '`7'tA� ,�y ,.1..' _ Ri q✓ �.S�.y J.te v:..:? f+:.. : h Envizage Development Group Sjule David 200 Galloway Drive Yakima. WA 98908 Yes Toscanna LLC Basham Keith 12419 172nd Street E, #NN103 Puyallup ' . - WA 98374 No The Casey Group Casey Paul 5521 100`" Street, SW , #A Lakewood WA 98499 No PLSA Wehr Rick 1120 West Lincoln Avenue Yakima WA 98902 No Hatfield Chad 414 North 2dd Street Yakima WA 98901 No Johnston Dan 1102 Fellows Drive Yakima WA 98908 No Yakima Valley Canal Co. Smoot Robert 1640 Garretson Lane Yakima WA 98908 No Yakima Regional Clean Air Tahat Hasan 329 North lst Street Yakima WA 98901 No Dept. of Ecology Clear Gwen 15 West Yakima Avenue #200 Yakima WA 98902 No I PO of 1 • Heez77 &_a41,e,Z.Qv' V/orL� • Updated on July 1, 2009 0 JUN/lbi•'lUUWTUE U5:U3 PM Envi-,,se Development 1 1 FAX No. 253 4AC 8364 P. 002 JU`y 1 6 2009 CITY OF YAKIMAtv��A LAND USE ACTION INSTALLATION 1V. C R'I'f'YCA'TE Location of Installation (Check One) Land Use Action Sign is installed per standards described in 'YUAZO § 15.11.090(C). Land Use Action Sign is installed in an,altemate location on the site. Note: this alternate location (if not pre -approved by the Code Administration .and Planning Manager) may nut be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) ' rely,FA51401/141'51 Date 7/0Q Afftrnts igna Telephone Number of Applicant 2-5.3- 'A9.5. --a Y`i?r • The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509.575'6105; or mali to. City: of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima; WA 98901. • DOC. INDEX neiioi[nna ta:ta �y3 445 8364 TUN/16/2009/TUE 05:03 PM Envi 'e Development • FN ZAG FAX No. 253 4 :8364 P. 001 DEVELOPMENT GROUP REC IV 0 JUN . 6 2009 p CI C K►MA AING b/14 June 16, 2009 City of Yakima Code Administration and Planning Division 129 North Second Street Yakima, WA 98901 To Whom It May Concern: RE: Toscanna/Castlevale Road and Seattle Slew Run On June 13, 2009 we noticed the sign was missing. so we ordered another one and reposted it on June 16th. The sign was probably removed by vandals on or about June 11, 2009. If you have any questions, please do not hesitate to give me a calL Sincerely, Project Manager 'A?) 9O8 =96 0 • DOC. INDEX a G-5 e i 1 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#020-09 Toscanna LLC Vicinity of Fechter Road & North 40th Avenue I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision of MDNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all property owners and parties of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 12th day of June, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. abah,10, RosaIinda.Ibarra Planning Technician DOC. INDEX a G-Lfd 181315-31403 917 TRIPLE CROWN LLC ' 917 TRIPLE CROWN WAY # 20 YAKIMA, WA 98908 315-32442 ANATOLE & ELIZABETH KIM 911 COACH CT YAKIMA, WA 98908 181315-24442 ARNO L & JOYCE L PELL JOHNSON 4306 FELLOWS DR YAKIMA, WA 98908 181315-34477 BLANCHE L FORTI EP. 4201 GARDEN PK WY B YAKIMA, WA 98908 181315-34462 BURTON & LAURA LEIGH POWERS 4107 GARDEN PARK WAY YAKIMA, WA 989082629 181315-24414 LESIOG SCOTT DONALD DR IMA, WA 98908 181315-32502 CLIFFORD P & MARGARET KNOBEL 801 TENNANT LN YAKIMA, WA 98901-3727 181315-32499 AIDA 0 GARCIA 821 CONESTOGA BLVD YAKIMA, WA 98908 181315-24473 ANDREW M & WILMA JEAN MERVOS 4108 DONALD DR YAKIMA, WA 98908 181315-31402 BAKER BOYER BANK PO BOX 1263 YAKIMA, WA 98907 181315-32400 BRUCE A LAWRENCE. 918 CONESTOGA BLVD YAKIMA, WA 98908 181315-24443 C. DEAN & GERALDINE AMENDE 4304 FELLOWS DR YAKIMA, WA 98908-2207 181315-32456 AMAL Y SEIF 828 N CONESTOGA BLVD YAKIMA, WA 98908 181315-32501 ANTHONY R & LORI T THOMAS 5808 SUMMITVIEW AVE STE A YAKIMA, WA 98908 181315-33466 BETTY ANN VAN RYDER 807 N 46TH AVE YAKIMA, WA 98908-2467 181315-33478 BRUCE S .&. DIANE N CROCKETT 713 N 46TH AVE YAKIMA, WA 98908 181315-34479 CAROLINE PURDON 43018 GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-34034 181315-32493 CHRISTIAN LIFE CENTER CHURCH OF CLAUDE M & PAULA SLAYE 716 N 40TH AVE 4506 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32492 CONNIE J WHITE 4001 SUMMITVIEW AVE # 5 YAKIMA, WA 98908 181315-31405 D E P PROPERTIES INC 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 1 1315-31406 181315-31407 181315-31408 D E P PROP ES INC D P PROPE', S I "' D P PROPERTI 21 1 SA HEL0 21�•. SAI - ELENS S 210' AINT -• NS ST YA , WA 98902-4162 YAK'- '` 98902-4162 YAKI 98902-4162 181315-31408 E P PR • "-•'TIES T .H WA 98902-4162 181315-24424 DAMEN GARCIA 143 ROBERTS RD YAKIMA, WA 98908 181315-32446 181315-32452 DANIEL A & BROOKE L ALLEN DAVIS DAVE & BECKY FRANKLIN 908 COACH CT 4604 SURREY LN Y$ZC IMA , WA 98908 YAKI MA , WA 98908 DOC./ INDEX 181315-33467 DAVID L & JUANITA WILBURN 711 N 46TH AVE YAKIMA, WA 98908 181315-32469 DAVID T. JOYNT 821 CARRIAGE HILL DR YAKIMA, WA 98908 &-4c 181315-24468 DAN K & ELIZABETH E PENHALLEG 4105 FECHTER RD YAKIMA, WA 98908-2431 181315-32432 DAVID C IRWIN 4406 CARRIAGE HILL DR YAKIMA, WA 98908-2415 281315-32459 DILEEP & AMY DHRUVA 4603 PHAETON PL YAKIMA, WA 98908 O 181315-32491 ' 181315-32510 DONALD & REMONA TRUHLICKA TRuS,. DONOVAN M & DIANE M YOUNG 4604 SONNESTOGA BLVD 913 CONESTOGA BLVD Y , WA 98908 YAKIMA, WA 989082423 181315-32508 181315-34458 DUANE R & DOROTHY L BRODRICK KNI EDITH MC ARTHUR 909 CONESTOGA BLVD 4203A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2673 181315-24422 ERIC & BARBARA J CURETON 4203 FECHTER RD YAKIMA, WA 98908 181315-32468 GEORGE J & SUSAN G VLAHAKIS JR 819 CARRIAGE HILL DR YAKIMA, WA 98908 181315-33472 181315'-32437 GERALD N & CYNTHIA PERKINS HINO GERALD N & DIANA L MELLEN 724 N 44TH AVE 904 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908-2422 181315-32513 GREGORY G CHIN FAMILY TRUST 919 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-24447 HAN CHOL & HYONG 0 KIM 4305 FELLOWS DR YAKIMA, WA 98908 181315-32494 DOUGLAS B & THERESA ALLEN 4504 CONESTOGA BLVD YAKIMA, WA 98908-2425 181315-32401 ELSIE M KUSHNER 4403 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-23023 GERALD & DOLLY BUSEY 4307 FELLOWS DR YAKIMA, WA 98908 181315-230=18 ' GERALD W & JUDY ADAMS 4501 FECHTER RD YAKIMA, WA 989082434 181315-32511 HECTOR R FELIX 915 CONESTOGA BLVD YAKIMA, WA 98908 I -33474 181315-334750 181315-34035 ACGREGOR H EGO INTERNATIONAL CHURCH FOURSQUA PO BOX 4585 PO 45 1910 W SUNSET BLVD #200 EL DORADO HILLS, California 9576 EL RADO HILLS, California 9576 LOS ANGELES, California 90026 181315-34459 181315-34480 JACK H & SHIRLEY L BARKER TRUSTE JACK HARWOOD 4203 B GARDEN PARK WAY 4109A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2629 181315-24445 JACK I & MARY H LOVELL 4301 FELLOWS DR YAKIMA, WA 98908-2208 181315-24464 181315-24412 0446 181315-32465 JACK M & NATALIE G KING ;} ES ! BE •...TT JAMES L & BONNIE P SCOGGINS 4109 FECHTER RD 4>; 0 ;' 'O�"==.-c E 4603 CONESTOGA BLVD YAKIMA, WA 98908-2431 Y .`� MA, .r 98908-2619 YAKIMA, WA 98908 181315-32498 JAMES R. LANE 819 CONESTOGA BLVD YAKIMA, WA 98908-2420 181315-34481 JEFFREY & VIVIENNE GAMACHE 41098 GARDEN PARK WAY YAKIMA, WA 98908-2629 181315-34463 JEFFREY T & TERESA L LOUMAN 4105 GARDEN PARK WAY YAKIMA, WA 98908 185-33436 181315-31007 181315-31008 4J D A & SYLVIA JACOBY JERRY L & MARCIA L BLEVINS J-•RY L ..�ARCIA 4 ODESTO WAY 802 N 40TH AVE DOC, 80 N , WA 98908 YAKIMA, WA 98908-2402INDEXY -•- , WA 98908-2402 181315-32504 JOEL & JOAN WEYHE 901 CONESTOGA BLVD YAKIMA, WA 98908 181315-32447 181315-32430 JOHN & DEBBI SPITLER REVOC LIVIN JOHN E & PEGGY A MAXWELL 906 COACH CT 4410 CARRIAGE HILL DR YAKIMA, WA 98908-2418 YAKIMA, WA 98908-2415 181315-32470 JOHN F & JERRIILYN MAKINS 323 CARRIAGE HILL DR YAKIMA, WA 98908 • 181315-32402 JOSH & JAEL HUIZAR 1405 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32496 KENT A MC LACHLAN 315 CONESTOGA BLVD YAKIMA, WA 98908 181315-24430 B ARRY R & BETTY DOUGLAS 1201 FLETCHER RD YAKIMA, WA 98908 181315-24413 L ESLIE C RUCKER 1013 FELLOWS DR YAKIMA, WA 98902 181315-32405 JOHN G & ROBIN WATKINS 4411 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32435 KATHRYN I BLANKENSHIP 908 CONESTOGA BLVD YAKIMA, WA 98908-2422 181315-24423 KENT C SEELIG 4204 DONALD DR YAKIMA, WA 98908 181315-32457 LEE C & PATRICIA J CLARK 817 CONESTOGA BLVD YAKIMA, WA 98908 181315-32434 LEX C & ANITA L TOWNS 21767 RADICLE RIDGE WAY KIRKSVILLE, Montana 63501 4111 5-33435 181315-24426 J & MARGARET E PETERSCHICK MANUEL L LOZANO 30 N 46TH AVE 4206 FELLOWS DR YAKIMA, WA 98908-2401 YAKIMA, WA 98908 181315-32460 MARTIN K & SANDRA M DEVER 1605 PHAETON PL YAKIMA, WA 98908 181315-33473 MICHAEL & SUE GUNDERSON 720 N 44TH AVE YAKIMA, WA 98908-2610 181315-32506 MILTON LEE & KARIE LYNN COOPER 305 CONESTOGA BLVD YAKIMA, WA 98908 181315-24434 NOMITA MEHTA 181315-34456 JOHNETTE SULLIVAN 4303 GARDEN PARK WAY YAKIMA, WA 98908 181315-34476 KAY LUCAS REVOCABLE LIVING TRU 225 19TH ST NE # 15 EAST WENATCHEE, WA 98802-4272 181315-24444 LARRY & BARBARA KOREIS 4302 FELLOWS DR YAKIMA, WA 98908 181315-32433 LEO & KAREN LEE 4404 CARRIAGE HILL DR YAKIMA, WA 98908-2415 181315-32445 LISA J ZIGLER 910 COACH CT YAKIMA, WA 98908-2418 181315-33437 MARIO M & JANE VILLANUEVA 4603 MODESTO WAY YAKIMA, WA 98908-2578 181315-32431 181315-24450 MATTHEW D & HOLLY J CHRISTENSEN MELICIEN TETTAMBEL 4408 CARRIAGE HILL DR 4302 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32404 MICHAEL B GEFFRE 4409 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-34036 MT ADAMS CATTLE CO 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 81315-24435 MIT ,:-: EHT 10 FELLOWS DR 1DR , WA 98908 YA"'`' , WA 98908 181315-32509 PATRICK A TRUE 911 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-24449 DOC. INDEX # -�� 181315-32441 MICHAEL L & CYNTHIA G MGFARLA1' 909 COACH CT YAKIMA, WA 98908-2452 181315-31409 NICLOAS K REEP, DDS,PS 3804 KERN RD # A YAKIMA, WA 98902 181315-24446 PAJAH LLC 805 N FRONT ST YAKIMA, WA 98901-2219 PAUL F. HAMMERSTAD 805 N FRONT ST YAKIMA, WA 98901-2219 181315-24417 O PUCCINELLI REVOCABLE LIVING TF 4102 DONALD DR YAKIMA, WA 98908 181315-32512 RAYMOND & ANITA A NAVARRO 917 N CONESTOGA BLVD /1 YA IMA, WA 98908 181315-32443 RICHARD J 6, ELIZABETH IRONS 913 COACH CT YAKIMA, WA 98908 181315-24472 181315-32462 RICK OEHRING ROBERT C MARTIN 8632 REFUGE POINT CIRCLE PO BOX 2667 NORTH CHARLESTON, South Carolina YAKIMA, WA 98907 181315-32464 ROBERT M & JUNE W WILKES 4601 CONESTOGA BLVD YAKIMA, WA 98908-2428 181315-32503 RONALD V & LINDA J HATFIELD 829 CONESTOGA BLVD YAKIMA, WA 98908 181315-32436 SCOTT M LARSON 906 CONESTOGA BLVD YAKIMA, WA 98908 1111 5-32505 RESE C. HAMM 903 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-32467 THOMAS R. DDS ROSIER 817 CARRIAGE HILL DR YAKIMA, WA 98908 EtivTizage Deve1opmeNtCoup 118F11,3CIYTbjtlle TOSCANNA LLC 200 GALLOWAY DR YAKIMA, WA 98908-9023 181315-32457 TREVOR L T & MELANIE M GREENE 826 CONESTOGA BLVD YAKIMA, WA 98908-2421 181315-32463 ROBERT R & MARIE C NEWSTEAD 814 CONESTOGA BLVD YAKIMA, WA 98908-2419 181315-32454 ROSEMARY FALON 4506 SURREY LN YAKIMA, WA 98908-2440 181315-32444 RICHARD L & LISA BALDOZ 912 COACH CT YAKIMA, WA 98908 181315-32439 ROBERT H & KIMBERLY A WILKINE 4503 SURREY LN YAKIMA, WA 98908 181315-33479 RON & TERESA JONES 715 N 46TH AVE YAKIMA, WA 98908 181315-34478 RULON C BERGESON 4301A GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-32403 181315-24415 STAN K & JACQUELINE KORESKI BIRD STEPHEN P & KAREN L HARRISON 4407 CARRIAGE HILL DR 1019 FELLOWS DR YAKIMA, WA 98908-2416 YAKIMA, WA 98908 181315-33038 THOMAS & DOLORES M GASSELING 714 N 44TH AVE YAKIMA, WA 98908 181315-32438 THOMAS W & SHARON L RIDOUT PO BOX 10974 YAKIMA, WA 98909-1974 1:.1315-34037 TC LL 20 "' ALL:•- DR YAKIMA, WA 98908-90 181315-24432 TYRONE F RODRIGUEZ 4203 FELLOWS DR YAKIMA, WA 98908 181315-32466 • THOMAS E & LOIS H NELSON 815 CARRIAGE HILL DR YAKIMA. WA 98908 181315-32429 TIMOTHY G & LYNN M GELLERSON 4506 CARRIAGE HILL DR YAKIMA, WA 98908-2417 181315-34455 TRAVIS L & SANDRA D RUNDELL 4305 GARDEN PARK WAY YAKIMA, WA 98908 181315-32453 VIVIAN & SHAWN C LOUDON 4602 SURREY LN YAKIMA, WA 98908-2442 1 15-32458 181315-32500 181315-32514 R & BARBARA SLATER WAYNE E & COLLETTE M HEFFNER JR WILLIAM & MACILE-TR COWMAN ONESTOGA 823 CONESTOGA 921 CONESTOGA BLVD , WA 98908 YAKIMA, WA 98908 DOC, YAKIMA, WA 98908 INDEX # - G 181315-32440 WILLIAM D & ANNA M MAHONEY 905 COACH COURT YAKIMA, WA 98908 181315-32455 WILLIAM M III ELLIS PO BOX 62 LILLIWAUP, WA 98555-0062 315-24425 WILLIAM P & TERI L FOSTER 4207 PECHTER RD YAKIMA, WA 98908 181315-32461 )18N/AL-04°. 181 15-3 95 WILLIAM W & KIMBERLY K FETZB., YAK 4604 PHAETON PLACE 129 N 2ND ST YAKIMA, WA 98908 YAKIMA, WA 98901-2613 • 181315-42406 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 181315-32507 YUN G & AE S CHOI 907 CONESTOGA BLVD YAKIMA, WA 98908-2423 1370 labels printed for map sheet toscanna 1 4 6 Roo 5 ---5 0200.13i 1-r 9 • • 181315-31401 YAKIMA COMMUNITY FEDERAL GRED: PO BOX 2707 YAKIMA, WA 98907-2707 Toscanna LLC c%o Keith Basham 12419 172nd Street E, #NN103 Puyallup, WA 98374 0 The Casey Group c%o Paul Casey 5521 100th Street, SW, Ste#A Lakewood, WA 98499 PLSA c%o Rick Wehr 1120 West Lincoln Avenue Yakima, WA 98902 Maud Scott 307 Union Street Yakima, WA 98901 Chad Hatfield 414 North 2nd. Street Yakima, WA 98901 Dan Johnston 1102 Fellows Drive Yakima, WA 98908 Yakima Valley Canal Co c%o Robert Smoot 1640 Garretson Lane Yakima, WA 98908 DOC. INDEX # 0 0 OD -RG, SEPA Reviewer Army Corps Box c-3755 attle. WA 98124 Cascade Natural Gas 701 S. 1" Ave Yakima, WA 98902 C'hamber of Commerce 10 N 9t'' St. Yakima, WA 98901 Dept of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6th Ave MS 623 Seattle, WA 98101 "AA 2200 W Washington Yakima, WA 98903 Yakima Greenway Foundation 1 1 1 S 18th St. Yakima. WA 98901 Yakima School District Superintendent 104 N 4th Ave Yakima, WA 98902 ' Yakima Airport Manager 2400 W Washington Ave Yakima, WA 98903 1...1J 1 VI' Jlrt'H Kt V It W IN(J AUJ- NI Dept of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Dept of Soc/Health Service Capital Programs Ofc. Bldg#2 MS OB -23B Olympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W. 4th Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2114 Ave. Room 304 Yakima, WA 98902 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div. Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr PO Box 151 Toppenish, WA 98948 Mr. Greg Griffith Div. of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste102 Yakima, WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W. Pruitt Clean Air Authority 329 North lr Street Yakima, WA 98901 Mr. Lee Faulconer Dept. of Agriculture PO Box 42560 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W Yakima Ave. St. 200 Yakima, WA 98902 Nob Hill Water Co 6111 Tieton Drive Yakima, WA 98908 Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Yakima-Kiickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 DOC. INDEX Page 1 of 2 Ahtanurn irrigation District P.0 Box 563 •Yaklrna. WA 98907 Wastewater Division Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redifer Yakima County Public Services Mr Steven Erickson Yakima County Planning "kept of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 • LISI Ur SEPA 1tVI±WIN(i AGF^i('PES YVCOG Transportation Planner 311 N. 4`i' Street STE 202 Yakima, WA 98901 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicolas Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Yakama Indian Nation Environmental Protection Prog. Moses Segouches PO Box 151 Toppenish, WA 98948 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24`'' Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 DOC. INDEX # -�fc 0 s Page 2 of 2 410 Royale Schneider Code Administration Carolyn Belles Code Administration IN-HUUSF. DISI K113U I()N ' P—T Ron Melcher Fire Dept. City Legal Dept. Sandy Cox, Codes City Clerk DECISIONS DECISIONS ONLY ONLY For the Record/File • • Binder Copy DECISIONS ONLY Mike Antijunti Mike Shane Engineering Division Water/Irrigation Div. Jerry Robertson Code Administration Bill Cook, CED Dir.' DECISIONS ONLY NS PA-ID c-0 -09 IA )D`l Office of Neighborhood & Development Services Nathan Thompson' DECISIONS ONLY DOC. INDEX # 6-16 ttc. vu-14-UY LGg'dl r4uLLce. 1VLULN3 - Jr,rnl/Gv-VY - ioseanna. nCCL 11.01/L Ibarra, Rosalinda •From: Legals [legais©yakimaherald.com] Sent: Tuesday, June 09, 2009 4.39 PM To: Ibarra, Rosalinda Subject: Re: 06-12-09 Legal Notice: MDNS - SEPA020-09 - Toscanna. Acct11002 I've scheduled the attached legal notice for 6/12, for a cost of $154.33. On 6/9/09 3:43 PM, "Ibarra, Rosalinda" <ribarra©ci.yakima.wa.us> wrote: Please publish only once on Friday June 12, 2009 • Send affidavit of publication and invoke to: Account 11002 City of Yakima, Planning Division 129 North 2nd Street, Yakima, WA 98901 Rosalinda Ibarra Planning Technician ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 N N NN N N f,.#J N NN N NN Simon Sizer Legal/Obituary Clerk Yakima Herald -Republic eV hone: 509-577-7740 Mir ax: 509-577-7766 legals@yakimaherald.com 6/11/2009 egal.Notel cl i WASHINGTON ATE ENy1RONMENT� POU 3 - w tl�TiGA OE En 1 ON GF 4 y i `r*--"14.0. tea, oFY q IA; wASNI t4T9N • Ns, YfiY ?a' a 122009 a .. ;',7,,,,-...1k-- -'1 PROJE_ ogs_C IONfi.;he `City or ialiirta;Dei1 pitmen of Com. re r':and���m ,�_ �op�merri! rec(iial tai en A_al `'review a spilt atlimnfooittie 66 oom _1 min -itN Z an P nd Th r A.,prop ,a Planned Deve,opme t P,iiO IENT/OWNg froscan a l•1;C'LOCATIO ciii.0jflia-ev_afevRoad anIASeatii a Sl ± R� 2 NUM8ER::11r813155 ,3iOi1 LEADDAGENCY • DETENSIINATiON TheE�WAWA ^tae p,._ .-_ '' Iasi! �ge�r�touru�llns,�p�rapoeal, after rehew�ns�5, a,-� plat rer �12351dis`t and other lfemration. on t wiihhlli1eLeatIgerivy. has d__ rniithed iha the pmlccl w*1_ rwi�jhavelas si'gnifraiif adverrse tm�� p + llie uraumiunr Pad state enerrt$_} w -Jbe required,.underr RCW § 4321'E: c)nsoviaedpihermeasures3 ,ystedit%!aw sie'�iedm, �iptentiadve►sefPmpac5'The is fptinatla it ` 1ig ,90.02 e • ails detenninettnet-T 8vei1ab1airAa""i- c trek _ at the` etily�ot.'tiYa ,( m PI>u ng� IDE _T , FIEDAENYIRONMEN-; TA , I ACiS ANDNITIOATlONIMEAiSURECAThie: *awed Deter rniriationMa nse itcance goNSit - — .01 red rr the loA wing miHgatfigi x_ as reed ndeYVAG 19%1 ,;�ti0' ' z§la84l; hiss 'Y ipmea rbarta�A' a C 3nprehesttve Plan amino goal poet tri ,,. wtaich a substantiiie rnh ' filo $ i`urider k i ekipna_mq ne- R me• ms°,_ on411,14 4.1 atlgund'er; Rleli Nu i t #20-01_, ONTASi ON;TGortta& Joseph Gal`s T ,Wciim;wAsdsilli PIanner(509 5 ,56162`for • re We, rage 1 or 1 �rTI IS:MDNli a after: using the° opttonai' DNS, 'Ai §6 5197 Al"35s ra is no tum 6; corrtnr _ othr�l Wii iam.R Cook+/�C SEPA Aa�`�`"� 1 " r_el 15756113 ,a' _Addres s129 .1 ,SheetPtakimawtNA+98901 . 1.4 appfttkrelete 16.atloriito: ?. eveir: ".it_ gy!!!lea at 129r4505toldalIfeeMsg.pidr2nctfStreat, Yaidm;; WA�9sso1 " Niilat� i ine:Ou te"26,,2009 Ila ion•famriandInaiimen 2L haddettieR s YaWtna` nfi t kAsion fiY r, ,.Biala. Coptaotathed f tg f.s - 9gb lsIgr r_ ' aatcatioiuitlre,prcceduses prdgEPA • t 1095507"):g sp i 9 DOC. INDEX # 6- 4h O PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAICIMA, WASHINGTON June 12, 2009 PROJECT DESCRIPTION: The City of Yakima Department of Community and Economic Development received an environmental review application for the Preliminary Long Plat of Toscanna. The proposal is for 66 common -wall lots in the R-2 zoning district. The subdivision is proposed to be a Planned Development and contain private streets. PROPONENT/OWNER: Toscanna LLC LOCATION: Vicinity of Castlevale Road and Seattle Slew Run PARCEL NUMBER: 181315-31011 LEAD AGENCY: City of Yakima, Washington FILE NUMBER: SEPA #020-09 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 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 Environmental Policy Act. FINDINGS: A. Earth and Land Alteration: The SEPA Checklist indicates that approximately 35,000 cubic yards of earth may be moved for filling and grading. According to YMC § 15.12.020(A), no use or development, as those terms are defined by this title, may be established, placed, performed, construction, made or implemented, in whole or in part, without the issuance of a development permit by the building official. No development permit may be issued without the prior issuance of a Certificate of Zoning Review by the planning department for the proposed development, indicating that the proposal has been through the review procedures of this ordinance and conforms to its requirements (YMC § 15.12.020(B)). B. Air Quality/Dust Control: Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. C. Water Quality: 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 RCW § 90.03.380 and RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. DOC. Toscanna LLC 1 INDEX SEPA #020-09 # 6!'ra- PRESS RELEASE D. Water Resources: 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 SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. E. Storm Water Management: The applicant states that stormwater will be routed to water quality detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run-off, or excessive waste water." Previous discussions with the developer's Engineer have led us to -an agreement where the developer will be required to retain and treat the water quality storm (the 6 month, 24 hour storm), and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed professional engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. F. Transportation: This application has been reviewed and approved (May 20, 2009) for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 34 PM Peak Hour Trips. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review (Safety issues are discussed below). The review does not address intersection level of service. A Traffic Impact Analysis was completed in May 2009. The analysis concluded that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigationis required to alleviate project related impacts. G. Public Services: Water and Sewer: There are existing 12 -inch and 8 -inch waterlines in Castlevale Road, and an existing 12 -inch waterline in Kern Way. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. Placement of hydrants shall be addressed during the plan review phase. The applicant's plans provide for sewer extension to properties adjacent to this planned development. Sewer line sizes to be determined during formal plan review. The 12 -inch stub to the existing lift station near the canal to be extended when development occurs on the remaining property. All public utility lines on private property shall be located in a minimum 16 -foot easement. H. Public Services: Fire and Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access DOC. roscanna LLC 2 INDEX SEPR 4020-09 # -1/61, PRESS RELEASE roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required by Section D103.6.1 of D103.6.2. The City Engineer and staff require Kern Road to be used as a fire access road along with a local access road. Kem Road will be built to universal fire code standards for fire apparatus. A minimum of 20' of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. I. 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 § 6.04.180). An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." J. Frontage Improvements / Development Standards: Five-foot sidewalks shall be required along all the Castlevale Frontage. The interior streets are planned to be private streets with sidewalks on one side of the street. If this development, in the future, intends these streets to become public City streets, the developer will be required to reconstruct the streets to meet standards in place at the time. K. Light and Glare: "Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent properties." (YMC § 15.06.100) The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto adjacent residential properties. Exterior lighting shall be minimized where possible, and shielded from adjacent properties and the public right-of-way. L. Aesthetics: The purpose of YMC Chapter 15.05, Site Design and Improvement Standards is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote public health, safety and welfare. The proposed project shall conform to all applicable standards including, but not limited to: building setbacks, lot coverage, fence height, access, and building height. DOC. rosea LLC 3 INDEX SEPA #020-09 • PRESS RELEASE YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan 2025 designates the future land use for this area as medium -density residential. The medium -density residential future land use designation is characterized by a mixture of single family detached residences and duplexes, with a variety of other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed development is compatible with the following goals and policies of the Comprehensive Plan. Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic • quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. MITIGATION REQUIREMENTS 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 6. The applicant will be required to retain the water quality storm on-site. Any excess stormwater- can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans ,and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration numbers) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. Toscanna LLC SEPA #020-09 DOC. 4 INDEX 0 0 • 9 PRESS RELEASE 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. 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. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. CONTACT PERSON: Contact Joseph Calhoun, Assistant Planner (509) 575-6162 for more information. ✓ There is no comment period for this DNS 'Phis MDNS is issued after using the optional DNS process in WAC § 197-11-355. There is no further comment period on the MDNS. This DNS is issued under WAC § 197-11-340(2); the lead agency will not act on this proposal for r 20 days from the date below. Responsible Official: Position/Title: Phone: Address: Date June 12, 2009 William R. Cook CED Director/SEPA Responsible Official (509) 575-6113 129 N 2nd Street, Yakima, WA 98901 You may appeal this determination to: William R Cook, Chi.) Director, at 129 N 2nd Street, w Yakima, WA 98901. No later than: June 26, 2009; by completing an 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. I- There is no ageoy appeal Tasmnum LLC SEPA #020-09 5 DOC. INDEX Ibarra, Rosalinda • From: Sent: To: lbarra, Ro Friday, Ju Adriana JE Bruce Smi Troianello Finch - Bu Lance To Sanchez - Mayes; Ya Subject: 06-12-09 Attachments: MDNS - S ,Rosanne, please post t Thanks! RpsaEnda 16arra Planning Technician riharra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 • • 6/12/2009 alinda e 12, 2009 8:04 AM ovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; - Yak. Business Times; Chris Bristol - `MR; Claudia Moreno - Noticias Locales; Criag Yakima Herald Rep.; Erin Snetgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George iness Journal; Ibarra, Rosalinda; KDNA; KIMA TV; KNDO News; KUNS-TV Univision; ey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott ima Business Journal; Yakima Herald Republic Newspaper ress Release: MDNS - SEPA020-09 - Toscanna PA020-09 - Toscanna_ Press Release.doc rage 1 01 1 0 : http://www.ci.yakima.wa.usfservice lanning/SEPADeterminations.asp O O DOC. INDEX fo • i NOTICE OF DECISION Compliance with. the Washington State Environmental Policy Act (SEPA) June 12, 2009 On May 18, _ 2009 the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an application submitted by Toscanna LLC. This application is for the environmental review of a 66 -lot Preliminary Long Plat in the R-2 zoning district. The proposal is 'a Planned Development consisting of common -wall dwelling units and gated, private streets. Parcel number: 181315-31011 City File Number: SEPA #020-09 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 days from the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. A fee of $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Joseph Calhoun, Assistant Planner at (509)575-6162, or email jcalhoun ' ci.yakima.wa.us. Joan Davenport Planning Manager Notice of Decision Mailing Date: June 12, 2009 Enclosures: SEPA Mitigated Determination of Nonsignificance, Site Plan, and Mailing Map DOC. INDEX 9 6-4 • • • PROJECT DE Development r Toscanna. The t is proposed to b . ASHINGTON STATE ENVIRONMENTAL POLICY ACT GATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON June 12, 2009 CRIPTION: The City of Yakima Department of Community and Economic eived an environmental review application for the Preliminary Long Plat of roposal is for 66 common -wall lots in the R-2 zoning district. The subdivision a Planned Development and contain private streets. PROPONENT/ WNER: LOCATION: PARCEL NU ER:.. LEAD AGENC : FILE NUMBS : DETERMINA completed en determined that environment, an 43.21C .030(2)(c impacts. The i upon request at IDENTIF This Mitigated following mitig and the Yakima which provide s Act. A. Earth and cubic yards of no use or devel performed, con development p prior issuance o development, • ordinance and c Toscanna LLC Vicinity of Castlevale Road and Seattle Slew Run 181315-31011 City of Yakima, Washington SEPA #020-09 ION: The City of Yakima, as lead agency for this proposal, after reviewing a nmental checklist and other information on file with the lead agency, has the project will not have a probable significant adverse impact on the an environmental impact statement (EIS) will not be required under RCW § , provided the measures listed below are used to mitigate potential adverse ormation relied upon in reaching this determination is available to the public e City of Yakima Planning Division. D ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES: etermination of Nonsignificance (MDNS) is hereby conditioned upon the g measures, as authorized under WAC § 197-11=660 and YMC § 6.88.160, than Area Comprehensive Plan, which contains goals, policies, and regulations bstantive authority to require mitigation under the State Environmental Policy FINDINGS: Land Alteration: The SEPA Checklist indicates that approximately 35,000 may be moved for filling and grading. According to YMC § 15.12.020(A), pment, as thoseterms are defined by this title, may be established, place4, ction, made or implemented, in whole or in part, without the issuance of a it by the building official. No development permit may be issued without the a Certificate of Zoning Review by the planning department for the proposed icating that the proposal has been through the review procedures of this nforms to its requirements (YMC § 15.12.020(B)). B. Air 1 uali /Dust Control: Contractors doing clearing, grading, paving, construction or landscaping woik must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Buying is prohibited at all times during land clearing. Prior to demolig any structures, an asbestos survey must be done by a certified asbestos building inspect r. Any asbestos found must be removed by a licensed asbestos abatement Toscanna LLC SEPA #020-09 1 DOC. INDEX • 0 0 • • i contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. C. Water Quality: The water purveyor is responsiblefor 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 RCW § 90.03.380 and RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. D. Water Resources: 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 SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stonnwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. E. Storm Water Management: The applicant states that stormwater will be routed to water quality detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run-off, or excessive waste water." Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm (the 6 month, 24 hour storm), and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed professional engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. F. Transportation: This application has been reviewed and approved (May 20, 2009) for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 34 PM Peak Hour Trips. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review (Safety issues are discussed below). The review does not address intersection level of service. Toscanna LLC SEPA #020-09 2 DOC. INDEX • • • A Traffic Impact Analysis was completed in May 2009. The analysis concluded that the project will be expecte to generate roughly 709 daily trips, and that project traffic is shown to not significantly in act any of the studied intersections and no mitigation is required to alleviate project related ' pacts. G. Public Se 'ces: Water and Sewer: There are existing 12 -inch and 8 -inch waterlines in Castlevale Road, and an existing 12 -inch waterline in Kern Way. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterl in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required reflow for the buildings. Placement of hydrants shall be addressed during the plan review ph e. The applicant's plans provide for;, sewer extension to properties adjacent to this planned development. S wer line sizes to be determined during formal plan review. The 12 -inch stub to the existing lift 4tation near the canal to be extended when development occurs on the remaining property. All public utililines on private property shall be located in a minimum 16 -foot easement. H. Public Se 'ces: Fire and Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have] an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. Tie proposed gates shall comply with the following 2006 IFC standards: 1. The minim gate width shall be 20 feet; 2. Gates shal be of the swinging or sliding type; 3. ConstructiTn of gates shall be of materials that allow manual operation by one person; 4. Gate complonents shall be maintained in an operative condition at all times and repaired and repla when defective; 5. Electric ga es shall be equipped with a means of opening by the fire department personnel for emerg cy access. Emergency opening devices shall be approved by the fire code official; 6. Manual op g gates shall not be locked with a padlock or chain unless they are capable of being o ned by means of forcible entry tools or when a keybox containing the key(s) to the lock in tailed at the gate location; and, 7. Locking d vice specifications shall be submitted for approval by the fire code official. The electronic o ening device of a fire apparatus access road shall include the components on a Knox Box rapi Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO ARKING-FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimetsion of 12 inches wide by 18 inches high and have red letters on a white reflective backgfound. Signs shall be posted on one or both sides of the fire department access road as required y Section D103.6.1 of D103.6.2. Toscana LLC SEPA #020-09 3 DOC. INDEX A 0 0 • • i The City Engineer and staff require Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20' of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. I. 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 § 6.04.180). An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." J. Frontage Improvements / Development Standards: Five-foot sidewalks shall be required along all the Castlevale Frontage. The interior streets are planned to be private streets with sidewalks on one side of the street. If this development, in the future, intends these streets to become public City streets, the developer will be required to reconstruct the streets to meet standards in place at the time. K. Light and Glare: "Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent properties." (YMC § 15.06.100) The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto adjacent residential properties. Exterior lighting shall be minimized where possible, and shielded from adjacent properties and the public right-of-way. L. Aesthetics: The purpose of YMC Chapter 15.05, Site Design and Improvement Standards is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote public health, safety and welfare. The proposed project shall conform to all applicable standards including, but not limited to: building setbacks, lot coverage, fence height, access, and building height. YAK.IMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan 2025 designates the future land use for this area as medium -density residential. The medium -density residential future land use designation is characterized by a mixture of single family detached residences and duplexes, with a variety of other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed development is compatible with the following goals and policies of the Comprehensive Plan. Goal 3.2: Policy 3.2.1: Goal 3.3: Policy 3.3.2: Toscanna LLC SEPA #020-09 Build sustainable new neighborhoods. For large-scale residential projects, encourage development through Residential Planned Development (Residential PD).zone. Preserve existing neighborhoods. Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. 4 DOC. INDEX : G-� • Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase1110 the supply of affordable homeownership options. • MITIGATION REQUIREMENTS 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 6. The applicant will be required to retain the water quality storm on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a- copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer.- 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed- in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 0 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). DOC. 5 INDEX Toscanna LLC SEPA #020-09 • i I 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. CONTACT PERSON: Contact Joseph Calhoun, Assistant Planner (509) 575-6162 for more information. r There is no comment period for this DNS This MDNS is issued after using the optional DNS process in WAC § 197-11-355. There is no further comment period on the MDNS. This DNS is issued under WAC § 197-11-340(2); the lead agency will not act on this proposal for r 20 days from the date below. Responsible Official: William R. Cook Position/Title: CED Director/SEPA Responsible Official Phone: (509) 575-6113 Address:‘ 129'N 2'"4 Street, Yakima, WA 98901 Date June 12, 2009 Signa You may appeal this dete n to: W I... ,. R. Coo Director, at 129 N 2nd Street, Yakima, WA 98901. No later than: June 26, 2009; by completing an 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. r There is no agency appeal Toscana LLC SEPA #020-09 6 DOC. INDEX • • DEPARTMI ' OF COMMUNITY AND ECONOMIC : 7ELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 • www.ci.yakima.wa.us May 20, 2009 Keith Basham Envizage Development Group 200 Galloway Dr Yakima, WA 98908 Subject: Notice of Decision for Transportation Concurrency Toscanna, Phase 1 801 Seattle Slew Run, Yakima, WA Dear Applicant, RECEIVED MAY 2 0 2009 CITY OF YAKIMA PLANNING DIV. Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed 66 single family attached housing units in the vicinity of 4200 Castlevale Road on a private street (Seattle Slew Run) within the City of Yakima, Washington. This development has been APPROVED for Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local access streets or street intersections. This review does not include safety or site design issues which will be addressed at the project review level of zoning and SEPA. This review concluded that the proposed development will not exceed the capacity of the arterial street system and reserve capacity exists on all impacted arterial streets. Please review the enclosed report. You may appeal the Findings of this report or request Administrative Reconsideration within fifteen (15) days from the date of mailing of this Notice. Appeal forins and procedures are available at the Department of Community and Economic Development. If you have any questions, please call me at (509)576-6417. Sincerely, PILE J an Davenport Planning Manager Enclosure copy: Joseph Calhoun, City Planning Division DOC. INDEX 6.3 O • O Yakima • • Date of Review: Review Prepared by: Proposed Development: Subject Address: ITE Land Use: LU #230, 66 Condos (0.52 PM Trips* 66 units = 34.32 PM Trips) Expected Net PM Peak Hour Trip Generation: 34 PM Peak Hour trips Summary of Impact: The applicant proposes to construct 66 single family attached condominiums units on a private street (Seattle Slew Run) in the vicinity of 4200 Castlevale Road, within the city of Yakima, Washington. This is .a revised plan and Phase 1.of several planned development phases. All traffic from this new development will enter the Arterial Street system on North 40th Avenue. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. The site -generated traffic is distributed to the Arterial street sections noted below, based upon the City policy to assess impacts for two Arterial street segments. Estimated distribution of the site -generated trips is shown on the table below. Based upon actual data, City of Yakima Traffic Volumes for PM Peak Hour is assessed as 8.7% of total Average Daily Traffic (ADT). Peak hour reserve capacity includes any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima Transportation Concurrency assesses arterial street segment capacity only and does not address intersection capacity. City off Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis May 20, 2009 Joan Davenport, Planning Manager (576-6417 Toscana Phase 1- Revised 801 Seattle Slew Run RECEIVED MAY 2 0 2009 OF YAKIM CITY )ZING D VH Seg # Street Segment Total ADT PM PK HrC ADT PK Reserve aP New Dev. PM PK HR Impact Total Con- currency Trips Resulting Pm Pk Hr Capacity VAC LOS 67 40th Ave: Fruitvale to River 24,050 2,092 1,108 12 202 1,096 0.72 C 68 40th Ave: River to Castlevale 28,400 2,471 729 16 107 713 0.81 D 69 40th Ave: Castlevale to Englewood 26,600 2,314 -• 886 ' 18 110 868 0.76 C 70 40th Ave: Englewood - Lincoln 26,300 2,288 912 10 154 902 0.76 C 85 Fruitvale: 40th to 34th Ave 10,525 , 916 2,284 2 78 2,282 0.31 A 98 W. CynPRodwerhouse Rd: 40th Peck's 6,330 551 1,049 4 34 1,045 0.37 A 108 Englewood: 40th to 48th Ave 7,740 673 927 - 4 34 923 0.44 A 109 Englewood: glewood: 32nd Ave to 40th e 5,000 435 1,165 4 34 1,161 0.29 A Summary of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of 1 DOC. INDEX l 6-3 • • • City of Yalu, Washington TRANSPORTATION CAPACITY ANALYSIS RECEIVED MAY 1 1 2009 CITY OF YAKIM„ PLANNING DIV. The Washington State Growth Management Act (ROW 36.70A.070) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted Yakima Municipal Code Section 12.03 to implement this local requirement. The information you provide with this application will be used to estimate the 'impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFORMATION FEE: $250 (Receipt # I -tO4 Applicant Name: EINV eVe 1 a of -mint- dao up Contact Person: Ke i fit pa �q S 01- 466 - 81,/5 C e11 X35 7-94,5"-.,' 47, Mailing Address: 2./w) Iq /bu m v b& 1'AK' i c ul:r. 4., ( 7 Project Address: RI, 1 S P q '( e it 2vn Yirkr m q vv t- ZS;Y. X Parcel Number: /61345-3 O /1 -- To,S cot PI v c J JU * c.v r� RESIDENTIAL COMMERCIAL INDUSTRIAL Number of Units SS .Describe Describe Housing Type: ,Sty 1 e. A.041 y Gross Floor Area: Gross Floor Area: (single family, Apartment, o, MHP) Special Population: N 0 Parking Spaces: Parking Spaces: (Assisted Living, Nursing Ione, etc) (Required/Provided) (Required/Provided) Other: Number of Employees Number of Employees (Day Care, Church, etc) ‘Project Description: b - s trsi jc z.ketitiky TA Fir. -e 311,1` pa, fl 5 `46'4) 0 RECEIVED MAY 2 0. 2009 CITY OF YAKIMA PLANNING DIV. *****pr•F.e$Ei ATTACH A S1TE PLAN***** Submit this form , attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or AppeaL Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruritvvale Boulevarra Yakima, WA 98902 Phone_ 509/575-6005 DOC. INDEX A 0 • <1<14341 P 1 R • Casey roup ArcEtects Architecture And Planning P2 • • • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-09, PLP#001-09, SEPA#020-09 Toscanna LLC Vicinity of Fechter Rd / North 40th Avenue I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 18th day of May, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. }� osalinda Ibarra Planning Specialist DOC. INDEX C --ad 0 101J1J-J19UJ 917 TRIPLE CROWN LLC 917 TRIPLE CROWN WAY # 20 YAKIMA, WA 98908 •S_32442 ANATOLE & ELIZABETH KIM 911 COACH CT YAKIMA, WA 98908 181315-24442 ARNO L•& JOYCE L PELL JOHNSON 4306 FELLOWS DR YAKIMA, WA 98908 181315-344.77 BLANCHE L FORTIER 4201 GARDEN PK WY B YAKIMA, WA 98908 181315-34462 BURTON & LAURA LEIGH POWERS 4107 GARDEN PARK WAY YAKIMA, WA 989082629 181315-32499 AIDA 0 GARCIA 821 CONESTOGA BLVD YAKIMA, WA 98908 181315-24473 ANDREW M & WILMA JEAN MERVOS 4108 DONALD DR YAKIMA, WA 98908 181315-31402 BAKER BOYER BANK PO BOX 1263 YAKIMA, WA 98907 181315-32400 BRUCE A LAWRENCE 918 CONESTOGA BLVD YAKIMA, WA 98908 181315-24443 C. DEAN & GERALDINE AMENDE 4304 FELLOWS DR YAKIMA, WA 98908-2207 181315-32456 1 ANAL Y SEIF 828 N CONESTOGA BLVD YAKIMA, WA 98908 181315-32501 ANTHONY R & LORI T THOMAS 5808 SUMMITVIEW AVE STE A YAKIMA, WA 98908 181315-33466 BETTY ANN VAN RYDER 807 N 46TH AVE YAKIMA, WA 98908-2467 181315-33478 BRUCE S & DIANE N CROCKETT 713 N 46TH AVE YAKIMA, WA 98908 181315-34479 CAROLINE PURDON 4301B GARDEN PARK WAY YAKIMA, WA 98908-2684 -24414 181315-34034 181315-32493 S G SCOTT CHRISTIAN LIFE CENTER CHURCH OF CLAUDE M & PAULA SLAYE DONALD DR 716 N 40TH AVE 4506 CONESTOGA BLVD _ MA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32502 CLIFFORD P & MARGARET KNOBEL 801 TENNANT LN YAKIMA, WA 98901-3727 181315 D E P 2 •1 YA 3140 OPE I E. 'S T WA 98902-4162 181315-31408 • E P •,. •OPE 2 01 -A T IE 181315-32492 CONNIE J WHITE 4001 SUMMITVIEW AVE # 5 YAKIMA, WA 98908 181315-31407 E P 'ROP `RTI 2 01 N N T YA" , ^A 98902-4162 181315-24424 DAMEN GARCIA S 143 ROBERTS RD YA 98902-4162 YAKIMA, WA 98908 181315-32446 181315-32452 DANIEL A & BROOKE L ALLEN DAVIS DAVE & BECKY FRANKLIN fY9 ACH CT 4604 SURREY LN , WA 98908 YAKIMA, WA 98908 DOC - INDEX 181315-31405 D E P PROPERTIES INC 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 1315-31408 E P P''PER 01 S 181315-24468 DAN K & ELIZABETH E PENi1ALLEG, 4105 FECHTER RD YAKIMA, WA 98908-2431 181315-32432 DAVID C IRWIN 4406 CARRIAGE HILL DR YAKIMA, WA 98908-2415 181315-33467 181315-32469 ! G la DAVID L & JUANITA WILBURN DAVID T. JOYNT 711 N 46TH AVE 821 CARRIAGE HILL DR YAKIMA, WA 98908 YAKIMA, WA 98908 1315-32459 DILEEP & AMY DHRUVA 4603 PHAETON PL YAKIMA, WA 98908 181315-32491 DONALD & REMONA TRUHLICKA TRUS 4604 SONNESTOGA BLVD YAKIMA, WA 98908 • 181315-32510 - DONOVAN M & DIANE M YOUNG 913 CONESTOGA BLVD YAKIMA, WA 989082423 181315-32508 181315-34458 DUANE R & DOROTHY L BRODRICK KNI EDITH MC ARTHUR 909 CONESTOGA BLVD 4203A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2673 181315-24422 ERIC & BARBARA J CURETON 4203 FECHTER RD YAKIMA, WA 98908 181315-32468 GEORGE J & SUSAN G VLAHAKIS JR 819 CARRIAGE HILL DR YAKIMA, WA 98908 181315-33472 181315-3.2437 GERALD N & CYNTHIA PERKINS HINO GERALD N & DIANA L MELLEN 724 N 44TH AVE 904 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908-2422 181315-32513 GREGORY G CHIN FAMILY TRUST 919 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-24447 HAN CHOL & HYONG 0 KIM 4305 FELLOWS DR YAKIMA, WA 98908 15-33474 I MACGREGOR •+ OX 4585 PO EL DORADO HILLS, California 9576 EL 18 315-3347 GR BOX .5 8 181315-32494 DOUGLAS B & THERESA ALLEN 4504 CONESTOGA BLVD YAKIMA, WA 98908-2425 181315-32401 ELSIE M KUSHNER 4403 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-23023 GERALD & DOLLY BUSEY 4307 FELLOWS DR YAKIMA, WA 98908 181315-7.3018 GERALD W & JUDY ADAMS 4501 FECHTER. RD YAKIMA, WA 989082434 181315-32511 HECTOR R FELIX 915 CONESTOGA BLVD YAKIMA, WA 98908 181315-34035 INTERNATIONAL CHURCH FOURSQUE 1910 W SUNSET BLVD #200 ILLS, California 9576 LOS ANGELES, California 9002( 181315-34459 181315-34480 JACK H & SHIRLEY L BARKER TRUSTE JACK HARWOOD 4203 B GARDEN PARK WAY 4109A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2629 181315-24464 JACK M & NATALIE G KING 4109 FECHTER RD YAKIMA, WA 98908-2431 181315-32498 JAMES R. LANE 819 CONESTOGA BLVD YAKIMA, WA 98908-2420 181315-33436 JERROLD A & SYLVIA JACOBY 4601 MODESTO WAY WA 98908 181315-32504 JOEL & JOAN WEYHE 901 CONESTOGA BLVD YAKIMA, WA 98908 181315-24412 JAMES D BECKETT 4002 ENGLEWOOD AVE YAKIMA, WA 98908-2619 181315-34481 JEFFREY & VIVIENNE GAMACHE 4109B GARDEN PARK WAY YAKIMA, WA 98908-2629 181315-24445 JACK I & MARY H LOVELL 4301 FELLOWS DR YAKIMA, WA 98908-2208 181315-32465 JAMES L & BONNIE P SCOGGINS 4603 CONESTOGA BLVD YAKIMA, WA 98908 181315-34463 JEFFREY T & TERESA L LOUMAN 4105 GARDEN PARK WAY YAKIMA, WA 98908 181315-31007 181315 - JERRY L & MARCIA L BLEVINS J RY YAKIMA40TH WA 98908-2402 DYAKIMA, INDEX 008 MA # G -ac, WA E 98908-2402 181315-32447 181315-32430 JOHN & DEBBI SPITLER REVOC LIVIN JOHN E & PEGGY A MAXWELL 906 COACH CT 4410 CARRIAGE HILL DR YAKIMA, WA 98908-2418 YAKIMA, WA 98908-2415 181315-32470 ' JOHN F & JERRIILYN MAKINS 823 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32402 JOSH & JAEL HUIZAR 4405 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32496 KENT A MC LACHLAN 815 CONESTOGA BLVD YAKIMA, WA 98908 181315-24420 LARRY R & BETTY DOUGLAS 4201 FLETCHER RD YAKIMA, WA 98908 181315-24413 LESLIE C RUCKER 1013 FELLOWS DR YAKIMA, WA 98902 181315-32405 JOHN G & ROBIN WATKINS 4411 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32435 KATHRYN I BLANKENSHIP 908 CONESTOGA BLVD YAKIMA, WA 98908-2422 181315-24423 KENT C SEELIG 4204 DONALD DR YAKIMA, WA 98908 181315-32497 LEE C & PATRICIA J CLARK 817 CONESTOGA BLVD YAKIMA, WA 98908 181315-32434 LEX C & ANITA L TOWNS 21767 RADICLE RIDGE WAY KIRKSVILLE, Montana 63501 5-33435 181315-24426 S J & MARGARET E PETERSCHICK MANUEL L LOZANO N 46TH AVE 4206 FELLOWS DR YAKIMA, WA 98908-2401 YAKIMA, WA 98908 181315-32460 MARTIN K & SANDRA M DEVER 4605 PHAETON PL YAKIMA, WA 98908 181315-33473" MICHAEL & SUE GUNDERSON 720 N 44TH AVE YAKIMA, WA 98908-2610 181315-32506 MILTON LEE & KARIE LYNN COOPER 905 CONESTOGA BLVD YAKIMA, WA 98908 181315-24434 IPA MEHTA ELLOWS DR , WA 98908 181315-32509 PATRICK A TRUE 911 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-34456 JOHNETTE SULLIVAN 4303 GARDEN PARK WAY YAKIMA, WA 98908 181315-34476 KAY LUCAS REVOCABLE LIVING T1 225 19TH ST NE # 15 EAST WENATCHEE, WA 98802-427. 181315-24444 LARRY & BARBARA KOREIS 4302 FELLOWS DR YAKIMA, WA 98908 181315-32433 ° LEO & KAREN LEE 4404 CARRIAGE HILL DR YAKIMA, WA 98908-2415 181315-32445 LISA J ZIGLER 910 COACH CT YAKIMA, WA 98908-2418 181315-33437 MARIO M & JANE VILLANUEVA 4603 MODESTO WAY YAKIMA, WA 98908-2578 181315-32431 181315-24450 MATTHEW D & HOLLY J CHRISTENSEN MELICIEN TETTAMBEL 4408 CARRIAGE HILL DR 4302 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32404 MICHAEL B GEFFRE 4409 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-34036 MT ADAMS CATTLE CO 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 1813 OMI 01 1';-244 F- - .• Y• MA, WA 98908 DOG INDEX # &-aG 181315-32441 MICHAEL L & CYNTHIA G MCFARLA 909 COACH CT YAKIMA, WA 98908-2452 181315-31409 NICLOAS K REEP, DDS,PS 38G4 KERN RD # A YAKIMA, WA 98902 181315-24446 PAJAH LLC 805 N FRONT ST YAKIMA, WA 98901-2219 181315-24449 PAUL F. HAMMERSTAD 805 N FRONT ST YAKIMA, WA 98901-2219 181315-24417 PUCCINELLI REVOCABLE LIVING T 4102 DONALD DR YAKIMA, WA 98908 181315-32512 • RAYMOND & ANITA A NAVARRO 917 N CONESTOGA BLVD YAKIMA, WA 98908 '181315-32443 RICHARD J & ELIZABETH IRONS 913 COACH CT YAKIMA, WA 98908 181315-32444 RICHARD L & LISA BALDOZ 912 COACH CT YAKIMA, WA 98908 • o 181315-24472 181315-32462 RICK OEHRING ROBERT C MARTIN 8632 REFUGE POINT CIRCLE PO BOX 2667 NORTH CHARLESTON, South Carolina YAKIMA, WA 98907 181315-32464 ROBERT M & JUNE W WILKES 4601 CONESTOGA BLVD YAKIMA, WA 98908-2428 181315-32S03 RONALD V & LINDA J HATFIELD 829 CONESTOGA BLVD YAKIMA, WA 98908 181315-32436 SCOTT M LARSON 906 CONESTOGA BLVD YAKIMA, WA 98908 '15-32505 ESE C. HAMM CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-32467 THOMAS R_ DDS ROSIER, 817 CARRIAGE HILL DR YAKIMA, WA 98908 F}n>i zage Development Ckvup ATTN: Dave Sjule 181315-31011 TOSCANNA LLC 200 GALLOWAY DR YAKIMA, WA 98908-9023 181315-32457 TREVOR L T & MELANIE M GREENE 826 CONESTOGA BLVD YAKIMA, WA 98908-2421 181315-32463 ROBERT R & MARIE C NEWSTEAD 814 CONESTOGA BLVD YAKIMA, WA 98908-2419 181315-32454 ROSEMARY FALON 4506 SURREY LN YAKIMA, WA 98908-2440 181315-32439 ROBERT H & KIMBERLY A WILKINS 4503 SURREY LN YAKIMA, WA 98908 181315-33479 RON & TERESA JONES 715 N 46TH AVE YAKIMA, WA 98908 181315-34478 RULON C BERGESON 4301A GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-32403 181315-24415 STAN K & JACQUELINE KORESKI BIRD STEPHEN P & KAREN L HARRISON 4407 CARRIAGE HILL DR 1019 FELLOWS DR YAKIMA, WA 98908-2416 YAKIMA, WA 98908 181315-33038 THOMAS & DOLORES M GASSELING 714 N 44TH AVE YAKIMA, WA 98908 181315-32438 THOMAS W & SHARON L RIDOUT PO BOX 10974 YAKIMA, WA 98909-1974 181315-34 37'j TOSC NA LC r` 00 MA, WA 98908-9023 181315-24432 TYRONE F RODRIGUEZ 4203 FELLOWS DR YAKIMA, WA 98908 181315-32466 11111 THOMAS E & LOIS H NELSON 815 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32429 TIMOTHY G & LYNN M GELLERSON 4506 CARRIAGE HILL DR YAKIMA, WA 98908-2417 181315-34455 TRAVIS L & SANDRA D RUNDELL R 4305 GARDEN PARK WAY YAKIMA, WA 98908 181315-32453 VIVIAN & SHAWN C LOUDON 4602 SURREY LN YAKIMA, WA 98908-2442 181315-32458 181315-32500 181315-32514 WALTER & BARBARA SLATER WAYNE E & COLLETTE M HEFFNER JR WILLIAM & MACILE-TR CO[ 824 CONESTOGA 823 CONESTOGA 921 CONESTOGA BLVD , WA 98908 YAKIMA, WA 98908 DOC. YAKIMA, WA 98908 INDEX # -ate 181315-32440 181315-32455 181315-24425 WILLIAM D & ANNA M MAHONEY WILLIAM M III ELLIS WILLIAM P & TERI L FOSTER 905 COACH COURT PO BOX 62 4207 FECHTER RD YAKIMA, WA 98908 LILLIWAUP, WA 98555-0062 YAKIMA, WA 98908 181315-32461 ' WILLIAM W & KIMBERLY K FETZER 4604 PHAETON PLACE YAKIMA, WA 98908 181315-42406 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 137 labels printed ►�P 1-k`',< 12- i i •1 1 15-32495 �Y 129 D ST YAKIMA, WA 98901-2613 181315-32507 YUN G & AE S CHOI 907 CONESTOGA BLVD YAKIMA, WA 98908-2423 for map sheet toscanna ntlhc( o[App I; c'W107), Si otil4 Pwhl G 14-1a.n nir PD OD oCI Pt -I9** co 1—Del SePPO o a-0 -0q 61I g�o� 181315-31401 YAKIMA COMMUNITY FEDERAL CRED PO BOX 2707 YAKIMA, WA 98907-2707 Thscanna LLC c/O Keith Basham 12419 172nd Street E, Ste. NN. Puyallup, WA 98374 The Casey Group Architects c%o Paul Casey 5521 100th Street SW, Ste #A Lakewood, WA 98499 PLSA 3 c% Rick Wehr 1120 West Lincoln Avenue Yakima, WA 98902 Maud Scott 307 Union Street Yakima, WA 98901 . Chad Hatfield 414 North 2nd Street Yakima, WA 98901 Dan Johnston 1102 Fellows Drive Yakima, WA 98908 DOC. INDEX #-�� OD -RG, SEPA Reviewer Arany Corps 60 Box c-3755 eattle. WA 98124 Cascade Natural Gas 701 S. 151 Ave Yakima, WA 98902 Chamber of Commerce 10N9th St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkrn Road Union Gap, WA 98903 Environmental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 98101 • FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation 111 S. 18t1i St. Yakima, WA 98901 Yakima School District Supenntendent 104 N. 4th Ave Yakima, WA 98902 Yakima Airport Manager 2400 W. Washington Ave Yakima, WA 98903 • ;ST OF SEPA REVIEWING AGENCI Dept. of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Dept of Soc/Health Service Capital Programs Ofc. Bldg#2 MS OB -23B Olympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W. 4th Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2nd Ave. Room 304 Yakima, WA 98902 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr PO Box 151 Toppenish, WA 98948 Mr. Greg Griffith Div. of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste102 Yakima, WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W. Pruitt Clean Air Authority 329 North 15' Street Yakima, WA 98901 Mr. Lee Faulconer Dept. of Agriculture PO Box 42560 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Nob Hill Water Co 6111 Tieton Dnve Yakima, WA 98908 Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 A O Yakima-Khckttat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 DOC. INDEX # -ate Page 1 of 2 num Imgahon Distnct ox 563 ria, WA 98907 Wastewater Division Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redrfer Yakima County Public Services Mr Steven Enckson Apia County Planning Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 1 >T OF SEPA REVIEWING AGENCL YVCOG Transportation Planner 311 N. 4th Street STE 202 Yakima, WA 98901 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicola' Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 fl-i'C ApP 1/4if J Pan- -Dq Ptd pa I -041 6E191 0 D-° °9 Sit x09 Yakama Indian Nation Environmental Protection Prog. Moses Segouches PO Box 151 Toppenish, WA 98948 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24t Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton Dnve Yakima, WA 98902 DOC. INDEX Page 2 of 2 • Royale Schneider Code Administration Carolyn Belles Code Administration Sandy Cox, Codes DECISIONS ONLY For the Record/File • • . IN-HOUSE DISTRIBUTION LIS' Ron Melcher Fire Dept. City Legal Dept. City Clerk DECISIONS ONLY Binder Copy DECISIONS ONLY Mike Antijunti Engineering Division Jerry Robertson Code Administration Bill Cook, CED Dir. DECISIONS ONLY ntiatfuli vott opt P pO'-al ba..D-o'l Mike Shane Water/Irrigation Div. 0 Office of Neighborhood & Development Services Nathan Thompson DECISIONS ONLY O O DOC. INDEX Ibarra, Rosalinda om: Calhoun, Joseph Sent: Monday, May 18, 2009 8:21 AM To: Ibarra, Rosalinda Subject: Toscanna r ag,c 1 vi 1 I had a voicemail from Chad Hatfield requesting.a copy of the notice for Toscanna. I printed out a label and put it by the other envelopes. JOSEPH CALHOUN ASSISTANT PLANNER C/TY OF YAK/MA (509) 575-6162 JCALHOUN@CL YAKIMA.WA.US 9 5/18/2009 DOC. INDEX ltb. VJ-1V-V7 LVsal 19V11.1bl... l'VU\.{ V1 A4J}J11%..dLLULL a11LL )L'1 A- 14../.1\.a11110. - L LJ 1 Ll JL1 1%. Ibarra, Rosalinda •From: Legals [legals@yakimaherald.com] Sent: Thursday, May 14. 2009 5:01 PM To: Ibarra, Rosalinda - Subject: Re: 05-18-09 Legal Notice: Notice of Application and SEPA -Toscanna - PD PLP SEPA I've scheduled the attached legal notice for 5/18, for a cost of $181.17. On 5/14/09 3:03 PM, "Ibarra, Rosalinda" <ribarra@ci.yakima.wa.us> wrote: Please publish only once on Monday May 18, 2009 Send affidavit of publication -and invoice to: Account 11002 • City of Yakima, Planning Division 129 North 2nd Street, Yakima, WA 98901 Rosalinda Ibarra Planning Specialist ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 N N N!NJ N N N JV N NN N V IN/ Simon Sizer Legal/Obituary Cleric Yakima Herald -Republic glifhone: 509-577-7740 ax: 509-577-7766 Iegals@yakimaheraldecom 5/18/2009 1 ab'V 1 Vl 1 0.1NOTICPARA_P_PLICATttNgENVI BITAL I MaREEVIENVANDINBEKNEARINQ 1 e r, APfr1. T ASN itgesstOart'nag tiikozi fiCe4041-anialbeingbprnent aiWlISEFIAtEnviior n er tiiA_ 'eview;gytgg (si Igotr0 09i " ,d.�.��?„ sool�o9•#sF.��:��;i3a¢o'as„�t�,: oet kinber: �1B..1&fz,a1%,,10. odl?i' : Wi lith 0y:i!1t7aftA� P.plieatione _. 14$2009 -linty :: ir. SGRt1, ,e- :; f;yrsL ar"residetiapian`neditcr vetopnoent,oelpn 4 ituit ngniti c ate se mrteer�aa9kaZ cominoiiiaieaatract_av d EFA envtroiar h>e _'"" pasedl v"eoI °—fla °ivil' I fga_L�e�d�ara_d t %s, tuthl RC2lmnng� irui *,The, tunTs p a ry, ;is';in stet v rorty AGaepa R_ t i ntt 'Run. ENVIRONNIENTALliR E - rs.. "� ,Item ; ai itik iJate agenct. write arrd riientnent ireypertrse thatrthe ccay of altanehThd 'mai mghtgit lanrti�g 1� ' Nre ted "�' uentlteittitIiVt 1 StaSa Frrvrtarmenta_10 ,c__ T (S IN rw 1a>io've s d' ihiVec o� ginotaexeruptt_t _ ete, W a ��, Iri�PoI�CY�Actcw IYv�DdA(i'tff/t�- �1_ Esemptii ns ( iVinor new consbucee sfil eativesholas aslthislaction involves ttre"' oa+sLuo-= tiarrW rtmre� than 20`�du eirLig units m ep utt iSrotan eirvi re�F Jof Paliana"` . tirpresentl it. 93w mix a of; at itfie emi tl_ oofik ani r"T�pe `(MDNS)uon intect.�Rlisi ici li ,t t,13' process ist ing ed The , mtwi n ttigt m$ Ond^ �nappttcabte ea ec[;revietytpn ss nayencorpors_ e�dri nagga-. tion"'`measures regsrdtess or whether art V Pared.'niis:r" yber iv laig IYAMr1in�. •--; liubrt on th envlronmentit, impaeaafa tudysis• i `il l Req itP r titugga..ruf1th, enpubl"rc,ars encatuage - t*Teo-_: WiratTicomment tti pAcij Asad*po 4:01 able .environmental�' r ts� �.�yi amrrnenf iatiffor ttrls e.iew..At ftez.� ' We". enredjby ,lune 8 192 7illrbe co, b s sian—afiti; , �iaaf`�i rule er mi nceon e . r 1 & iar09 1V,& 1109'• SEPT020 apoas sj mint (7oscan ttC „rr�o e4A- 110E•.-OriDECISIONipw FRAlthreshilli r- m t1 tnidiEVeigaiTliede10 aftesef 0�theti i.2 ed pottiti date•foprs0 FR od Twtileae1 )i WIBUC HEARING �._ isr, " iget, ??ie— 4s hlhetthe;ttear; figiExamirt'er hotd9ayp c heanng rThts p c Iieatmg�_ to tiee" s%_'ntatively schedul rorahlE9; T0ini) i rgl tAMIO a�m_ati Counc Chambers t 1 filISt et Yalana W;A��'Arry"' 'p a tpi imare ttbaltaiewskonr s,,matter, .i 1 -amend tt'47Ratarc£h22ri g 6r,ro:Submit eiitterr,omnnre Fail .roang°the,t 1 hearing; ihellieannglE imte[ %uigiis=. su'e,,. . jreopmmenda`tion iwithIirteT (,1o) : ;drays FelWirngtrecerpt of thee Heari"ng; i ' 6rimrendatiiooriaalifate?wiiiibe setufar a Qo d ftaoeid i i^g beforetCfly,�Council it yoo ,wifq itil v�R i pteass :caeags§wca hgu /Cs $- i t1Ftanners.at (509))=575-,162 I.. re Tlwat el yaldma•wariis The-ornplet t9& s a`vala- ir az.c;y Flail: s+ p..1/4.-..A'X'-r47.-,,:.7W,-.41.F1'-,' .�: 'May,19, 2009 INDEX &-2b • I 9 PRESS RELEASE NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: May 18, 2009 TO: Applicant, Adjoining Property Owners, SEPA Reviewing Agencies FROM: William Cook, CED Director APPLICANT: Toscanna LLC SUBJECT: Notice of Planned Development, Preliminary Long Plat, and SEPA Environmental Review File Number(s): PD #001-09; PLP #001-09; SEPA #020-09 Tax Parcel Number: 181315-31011 Date of Application: May 11, 2009 Date of Application Completeness: May 14, 2009 PROJECT DESCRIPTION The proposal is for a residential planned development, a preliminary long plat to create 66 common -wall lots (plus common area tract), and SEPA environmental review. The proposed development will be gated and contain private streets. Common -wall dwelling units are Class (1) uses in the R-2 zoning district. The subject property is in the vicinity of Castlevale Road and Seattle Slew Run. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 197-11- 800 Categorical Exemptions (1) Minor new construction — Flexible thresholds as this action involves the construction of more than 20 dwelling units in the R-2 zoning district. Thus, an environmental review is required. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non- Significance (MDNS) on this project. The optional WAC 197-11-355 process is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. This may be your only opportunity to comment on the environmental impacts of this proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional, Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 2. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the U1C wells must be registered with the Department of Ecology (DOE). 3. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. Toscamia LLC Notice of Application, Environmental Review, and Public Hearing 1 DOC. INDEX # G_ pct._ • • • PRESS RELEASE 4. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. 5. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street connect to the existing waterline in Castlevale Rd. and in Kern Way. 6. All public utility lines on private property shall be located in a minimum 16 -foot easement. 7. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 8. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 9. The proposed private streets shall be built to standards approved by the City Engineer. 10. Five-foot sidewalks and streetlights shall be installed along the Castlevale frontage., 11. Sewer extension shall be consistent with YMC § 12.03.020. 12. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. 13. 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. Required Permits: The following local, state and federal permits/approvals are needed for the proposed project: Building Permit, Grading Permit, Dust Control Plan and New Source Review (Yakima Clean Air Authority). Additional permits may be required. Required Studies: Traffic Concurrency Review Existing Environmental Documents: Soil stability letter from Brad Card, PLSA (8/14/08); Soil toxins letter from Brad Card, PLSA (8/26/08); Acoustical Evaluation from Elki M. Lahav, A Acoustics (4/20/09); Traffic Impact Analysis from Gregary B. Heath, Heath and Associates, INC. (5/4/09). Preliminary determination of the development regulations that will be used for project mitigation and consistency: International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan, and City of Yakima Title 12 Development Standards. Request for Written Comments: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 20 -day comment period for this `review. All written comments received by June 8, 2009 will be considered prior to issuing the final determination on this application. Please be sure to reference the file number(s) (PD #001-09; PLP #001-09; SEPA #020-09) or applicant's name (Toscanna LLC) in your correspondence. Please send written comments to: William Cook, CED Director City of Yakima, Department of Community & Economic Development 129 North 2nd Street, Yakima, Washington 98901 NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. There will be a 14 -day SEPA appeal period effective upon the date of mailing. NOTICE OF PUBLIC HEARING This project requires that the Hearing Examiner hold a public hearing. This public hearing has been tentatively scheduled for July 9, 2009 beginning at 9:00 a.m., in the Council Chambers, Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 2 DOC. INDEX # cq-aa_ • • r PRESS RELEASE City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his recommendation within ten (10) business days. Following receipt of the Hearing Examiner's recommendation, a datewill be set for a Closed Record Hearing before City Council. If you have any question on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575-6162 or e-mail at jcalhoun@ci.yakima.wa.us. The complete file is available to review at City Hall. Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 3 DOC. INDEX # -�a- r asc 1 01 1 Ibarra, Rosalinda • From: Ibarra, Rosalinda Sent: Monday, May 18, 2009 8:31 AM To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; KDNA; KIMA TV, KNDO News; KUNS-TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Joumal; Yakima Herald Republic Newspaper Subject: 05-18-09: Notice of Application and SEPA - Toscanna - PD PLP SEPA Attachments: Notice of Application and SEPA - Toscanna - PD PLP SEPA_ Press Release.doc Rosanne, please post to: http;//www.ci.yakima.wa.uservices/planning/Noticeofap.asp Thanks! gOsaiind z 16arra Planning Specialist ribaria@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 fi (509) 575-6105 • • 5/18/2009 DOC. INDEX s O 1 • 9 NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC BLEARING DATE: May 18, 2009 TO: Applicant, Adjoining Property Owners, SEPA Reviewing Agencies FROM: William Cook, CED Director APPLICANT: Toscanna LLC SECT: Notice of Planned Development, Preliminary Long Plat, and SEPA Environmental Review File Number(s): PD #001-09; PLP #001-09; SEPA #020-09 Tax Parcel Number: 181315 -31011 - Date of Application: May 11, 2009 Date off Application Completeness: May 14, 2009 PROJECT DESCRIPTION The proposal is for a residential planned development, a preliminary long plat to create 66 common -wall lots (plus common area tract), and SEPA environmental review. The proposed development will be gated and contain private streets. Common -wall dwelling units are Class (1) uses in the R-2 zoning district. The subject property is in the vicinity of Castlevale Road and Seattle Slew Run. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 197-11- 800 Categorical Exemptions (1) Mhos new construction — Flexible thresholds as this action involves the construction of more than 20 dwelling units in the R-2 zoning district. Thus, an environmental review is required. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non- Significance (MDNS) on this project The optional WAC 197-11-355 process is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. This may be your only.opportnnity to comment on the environmental impacts of this proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. Toscana LLC 1 Notice of Application. Environmental Review, and Public Hearing DOC. INDEX • 2. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE). 3. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 4. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. 5. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street connect to the existing waterline in Castlevale Rd. and in Kem Way. 6. All public utility lines on private property shall be located in a minimum 16 -foot easement. 7. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 8. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 9. The proposed private streets shall be built to standards approved by the -City Engineer. 10. Five-foot sidewalks and streetlights shall be installed along the Castlevale frontage. 11. Sewer extension shall be consistent with YMC § 12.03.020. • 12. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. 13. 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. Required Permits: The following local, state and federal permits/approvals are needed for the proposed project: Building Permit, Grading Permit, Dust Control Plan and New Source Review (Yakima Clean Air Authority). Additional permits may be required. Required Studies: Traffic Concurrency Review Existing Environmental Documents: Soil stability letter from Brad Card, PLSA (8/14/08); Soil toxins letter from Brad Card, PLSA (8/26/08); Acoustical Evaluation from Elki M. Lahav, A Acoustics (4/20/09); Traffic Impact Analysis from Gregary B. Heath, Heath and Associates, INC. (5/4/09). Preliminary determination of the development regulations that will be used for project mitigation and consistency: International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan, and City of Yakima Title 12 Development Standards. • Request for Written Comments: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 20 -day Toscanna LLC Notice of Application, Enviroon►mental Review, and Public Hearing 2 DOC. INDEX 0 e I s comment period for this review. All written comments received by June 8, 2009 will be considered prior to issuing the final determination on this application. Please be sure to reference the file number(s) (PD #001-09; PLP #001-09; SEPA #020-09) or applicant's name (Toscanna LLC) in your correspondence. Please send written comments to: William Cook, CED Director City of Yakima, Department of Community & Economic Development 129 North 2nd Street, Yakima, Washington 98901 NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. There will be a 14 -day SEPA appeal period effective upon the date of mailing NOTICE OF PUBLIC HEARING This project requires that the Hearing Examiner hold a public hearing. This public hearing has been tentatively scheduled for July 9, 2009 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his recommendation within ten (10) business days. Following receipt of the Hearing Examiner's recommendation, a date will be set for a Closed Record Hearing before City Council. If you have any question on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575-6162 or e-mail at jcalhoun@ci.yakima wa.us. The complete file is available to review at City Hall. Encl.: Written Narrative for Planned Development (Draft Development Agreement), SEPA Environmental Checklist, Site Plan/Preliminary Plat, Vicinity. Map and Mailing Map Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 3 DOC. INDEX #�-a.- DEPARTMF "T OF COMMUNITY AND ECONOMIC DTELOPMENT 1 Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 0 Fax (509) 575-6105 www.ci.yakima.wa.us May 14, 2009 Toscanna Development Attn: Keith Basham 12419 172nd Street East, #103 Puyallup, WA 98374 Copy Determination of Application Completeness for a Preliminary Long Plat, Planned Development and SEPA Environmental Review. PD #001-09; PLP #001-09; SEPA #020-09 Your application was submitted on May 11, 2009. This application has been determined to be complete as of May 14, 2009. Continued processing of your request will include, but is not limited to, the following actions: 1. A Notice of Application will be sent to property owners within 500 feet of the site. A 20 -day comment period is provided by the City of Yakima for public comments. • 2. Following the comment period, a SEPA Threshold determination will be issued and followed by a 14 day SEPA appeal period. • 3. An open record public hearing is tentatively scheduled for July 9, 2009. The Hearing Examiner will render his recommendation within 10 business days of the hearing date. The decision will be followed by a 14 -day appeal period. . 4. Upon receipt of the Hearing Examiner's recommendation, a date for a Closed Record Public Hearing will be set for City Council consideration. You may contact me at (509) 575-6162 if you have any questions regarding this matter. Very truly osetfh Calhoun Assistant Planner cc: Envizage Development Group, Dave Sjule Paul Casey, The Casey Group Rick Wehr, PLSA DOC. INDEX . 1994 • e • TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#OO1-09, SEPA#020-09 EXHIBIT' LIST CHAPTER H Supplemental Information :' ��_. e,o ,E �.a `} + , '+� "y 1�Y �iY.t''`Y' ,,— �.s r �� 3 t a ak.0 I• r3 .s SO , 1-'i�la "ci C�' e . -,� ....r'_ i,s:r�3� v�"_{.f ^�. n t.,,,„2,,,,,,,, c, -U st#`a.�.,.i• °.'? x`. Y, 5. iAY 4y'^ -.r �'�,�i H-1 Letter from Rick Wehr, PLSA, requesting variation to standard residential roadway section. 05/08/2009 H-2 APPENDIX D —.SEPA Acoustical Report 05/11/2009 H-3 APPENDIX C — Traffic Impact Analysis Report 05/11/2009 H-4 APPENDIX B — Letter from PISA on Lead and Arsenic 05/11/2009 H-5 APPENDIX A — Letter from PLSA on Soil Stability and 2:1 slope 05/11/2009 H-6 Declaration of Covenants, Conditions, Restrictions, and Easements for Toscanna 05/12/2009 II -7 Draft - Development Agreement 05/12/2009 • DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND TOSCANNA, LLC RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. THIS DEVELOPMENT AGREEMENT ("agreement") j_Otitered into between the City of Yakima, a Washington municipal corporation ("City")-f-tiii.'L. d Toscanna LLC, a Washington limited liability company ("Developer") .. . WHEREAS, the City is a first .class charter citirth%orri'orated uiidotthe laws of the State of Washington and has the authority to enactOWs and enter into agidgMerits to promote the health, safety, and welfare of its citizens and thereby to control thelpt and -development of property within its corporate limit4s;Skid ,-:-,,.0.;.,-,:l..4,,,,,.4,.,••:-.,.:.47''. WHEREAS, the City has the auttiority to enter inttrillgyelopment agreements with ... • .: those who own or control property within jurisdiction purgiarit to RCW 36.7011170- 36.70B.210, YMC 14.10.040(B) and YM04442000; and ••--,.-p.4, ' ..,.._...,... ...,..,4-.,,,4,... WHEREAS, Developer has obtainea'd'eveltip aiiiTiights for a portion single parcel ._.... i," of approximately 22.63. aCfeliOcated along C4Stlevale Road across from the Seattle Slew Run Intersection, YatOia, Washington (the "Piiperty"). The property is legally described in Exhibit A, attachaijipreto anOficorporated Verein by this reference as if set forth in full; .. . and-,./..D.-.... r ?•-. V.?. ,,.. ---.,,,- ----v.V,;:.-.472.-•,1,, .„,, WBEREAS-DeveloperA'S- proposing -a-66lot subdivision and creation of a planned ...4-- ..... .;,..t...--.. developMent viiith cert-,amemtie the property; and -,•,.v..., • :**-',"'-' .*.. WHEREAS, Deve114:3Or interias to take certain steps to comply with environmental and land use'rgiwirements related to development of the property; and ----;--,..?, --.-,•,.1-,,,t.,..,,. .,.•.:,.:-, WHEREAS4ursuaiit to the Growth Management Act, RCW 36.70A, the City adopted its Yakima'bnArea 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 Two Family Residential; and WHEREAS, the parties intend this agreement to guide the current and future uses of the propertT, now, therefore, Development Agreement - 1 DOC. INDEX RECEIVED MAY Y 2 2009 A. • IN CONSIDERATION OF mutual benefits, the parties agree as follows: CITY OF YAKtMA PLANNING DIV. 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 66 single-family dwelling (common wall) on separate lots together with accompanying amenities. The Developer's preliminary plat/planned development application has been filed with the City. Exhibit B contains information about the application. It has been reviewed and ecommended for approval by the Yakima Urban Area Hearing Examiner to the Yaikma City Council in the form of a Hearing Examiner's Recommendation dated on or atom.. , 2009, attached hereto as Exhibit C and incorporated herein by t Viefeiijiec as if set forth in full. The said subdivision and planned development is referred to herein as;the "proposed development." ' f' • • 2. Conditions of approval. Developer agrees..to`abide by the terms and condihors of approval recommended by the Hearing Examiner, including; construction of all' infrastructure described on the plat/planned development site plan maf (attached hereto as Exhibit and incorporated herein by this reference asif set forth in full; including as the same may be revised to conform with conditions of apprpyal set forth in the tearing Examiner's Recommendation. Developer agrees thiC,t1:14p,Rfthe propertjpu uant to this agreement shall be consistent with the project description identified in the Washington State Environmental Policy Act Mitigated DeterOpation`ofNon ignificance issued by the City of Yakima on ,29,'a copy of whieh,��kis attached ereto as Exhibit D and incorporated herein by; flus refeie_ nce as if set forth in full (the "MDNS"). Developer agrees to abide by the mitigahtn.and otlie requirements+identified as a part of the MDNS. Developer agrees to abide;-by_thef-c_onditions of such further or additional land use permits or other regulato y permits ora ovalilas' ayybeidentified in the MDNS, or as may otherwise, requrred?by, applicable federal, state, and local law including but not limited to the Ci . , :'-�s Title 12 aid'an other `' ` 4_hcable development standards, all as the same currently tY 430 ; : __ . P y exist -6i nay be hereafter'ainended;��provided, however, that the procedures and substantive rules of tlie';City's Planned£ eveloprrient ordinances, as codified at Ch. 15.28. Yakima Municipal Code.and attache i'hereto as Exhibit E and incorporated herein by this reference, shall guide and d ntrol all Batters 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 Open Space Management Plan attached hereto as Exhibit F and the Declaration of Covenants, Conditions, Restrictions and Easements for Toscanna attached hereto as Exhibit G. Both incorporated herein by this reference as if set forth in full. 3. 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 Development Agreement - 2 DOC. INDEX # 0 0 1 i i 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 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. 4. Default/Notice. No party shall be in default under this afire went unless it has failed to perform as required for a period of 30 days after written notice of:LLdefault to the other party. ' �T 6�'.ci Each notice of default shall specify the nature of the alleged:(efanitvnd the manner in which the default may be cured satisfactorily. The party not ijp.z.defanit undei'this agreement, shall have all rights and remedies provided by law or equity, nicluding withot t limitation, damages, specific performance or writs to compel Iierformance or require action consis with this agreement. =15:e' tenteceveD 5. No third party beneficiary. This agreement is ma*;:ai d entered into for the sole MAY 1 2 1003 protection and benefit of the parties hereto and their successors and assigns. No other u;i i r UF person shall have any right of action based: any provisio % of this agreement. PL NNIN DivA • 6. Third party legal challenge. In the event any 3egataction orspecial proceeding is commenced against the City.by any person or entity otheU than a party to this agreement to challenge this agreementsot:anyprovision herein, including any of the permits, approvals, or entitlements associated=with this thieCity may elect to tender the defense of such lawsuit or individuaf claims in thglawsuit to Developer. In'such event, Developer shall hold the City harmless from iindtidefeidAe City fromal1 costs and expenses incurred in the defense of such:lawsuit or tnilividual c1a sin tI a lawsuit, including but not limited to reasonable aftorneys.fees and expenses of litigation and damages awarded to the prevailing party orparties in suc1i4t4ation eTlie Developer shall not settle any such tendered lawsuit without=the consent of the City, wh eh:cbnsent shall not be unreasonably withheld. 7. Term. Tlsagreement shall continue in force for a period of thirty-five (35) years unless extended or terniated as provided herein or when the property has been fully developed, whichever first occurs, and4all the Developer's obligations in connection herewith have been satisfied in the sole reatOnable 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. Development Agreement - 3 DOC INDEX # �f-7 • o •da'A/ tem V Os q/ MAY 22009 CITY OF YAKI.vi, PLANNING DIV. 8. 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. Develper acknowledges that any phased approach to developing the proposed developmentcarrtemplates 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 SPA aril other applicable law. Nothing in this agreement shall be construed to limit the authority orae obligation of the City to hold legally required public hearings, or to Imuttfie:discretion of<tlYe City or any of its officials or officers in complying with or applying applicable law duringeview of specific project proposals or other subsequent phases of the "proposed development. 9. 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 �aAd in the perm i`ss 3_ approvals, and entitlements associated with this agreement and the proposed:development do aot violate or constitute a default under or breach of any agreement between= r ` eloper and any third party by which Developer is bound. Developer represents and warrai-its< o City that Developer is fully authorized to enter into and;perform its obligations under this agreement. Developer represents and warrant 'to Citiii at there is neither pending nor, to the knowledge of Developer, any threatened legal aetton, arbitrativufgr administrative hearing before any governmental authority to which veloper is a party and which could enjoin or restrict Developer's right or abilions under this agreement. 10. Mortification ot`'an;appravejiiaster planned development overlay. Modifications to the'ad'opted master development flan and/or development agreement may be requested from tinie4to..time. Minor modifications will undergo Type (1) review as defined in YMC Chapter 15.13. The administrative official shall'review modifcations to adopted master development plan and/or development agreement -.as a minor modification if it has been determined that: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses; 4. The amendment does not materially change parking or traffic circulation within the development; Development Agreement - 4 DOC. INDEX # N-� O 0 i ��CEIVED AY 1 2 2009 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; �+ t Y OF 1'AKIIlRA 6. The amendment does not materially impact the overall design of the approved PLANNING DIV. master plan; and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. Major modifications will undergo Type (3) review as defineck,i YMC Chapter 15.15 and shall be referred to the hearing examiner in accordance with `YA4C 15.15.040. A "major modification" shall be any modification to an approved maste%;d.evelopment plan or development agreement that is deemed to be'more significant than i" ninon modification" as described hereinabove. The following criteria are establish✓edF,zto assist this determination: 11. Vesting: The master planned development revie'"wshallbevested to development regulations, standards, conditions, and laws applicable at tine time the development agreement is recorded, inclusive of spec .fic conditions and standards set forth in said Development Agreement. The vesting p'e i d shall be for the erm .,as stated in the development agreement and shall be agreed uporiby,the parties4Q.=the Development Agreement after giving consideration to thextentand complexity of the proposed development as well as specific developmerit;plaaning considerations raised by the developer. During the ,staadVektipg period th'`e,,•.applicant shall be entitled to implement the master planned development in: "accordance witfithe terms and conditions of approval described in the Develdppent Agreement Veshng,of rights also include reservation of traffic capacity on public`streetsFandroadways aid capacity in public facilities such as sewer and water fora period of five; (5. 12. S,eyerabiihty. If ariyprovisions*f 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 fully force and effect 13. Agreement to=berecorded. This agreement may be modified only by written agreement of the parfes-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. 3630B RCW. Development Agreement - 5 DOC INDEX 15. Entire agreement. This agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. 401 AGREEMENT DATED this day of , 2009. CITY OF YAKIMA TOSCANNA, LLC, a Washington limited liability company By: By: Richard A. Zais, Jr. City Manager Title ATTEST: Deborah Moore City. Clerk STATE OF WASHINGTON III County of Yakima •-•-f-:,.. -...v... I certify that I linO,W,:tir . :ez,,,satisfaatory evidence that Richard A. Zais, Jr., -4.... ,... .:, -.t..-:.2.-...,. personallyapeard,before mev-,,stgnea tinsmstrutnent, on oath stated that he was authorized • -...,,,,..y. • • .....•-•,,,,.- to execute the instrument.:and ackhowledged it as the City Manager of the City of Yalcima, to be.,-,440,.free and voltif4ty act Cii*cli party for the uses and purposes mentioned in the instrument. ...,.., DATE));., ry., 2009. ) ss. • RECEIVED MAY 1 2 2009 CITY OF YAKin PLANNING DIV 0 • Development Agreement - 6 Notary Public Residing at Commission expires: DOC. INDEX # 14-7 STATE OF WASHINGTON ) ss. County of Yakima RECEIVED MAY 1 2 2009 CITY OF YAKINIA PLANNING DIV. I certify that I know or have satisfactory evidence that personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Teammates, LLC, to be the free and voluntary act of such party for the uses #.0.^7iepmposes mentioned in the instrument. DATED: , 2008. Notafylublic Residiigat .' Commissioi*pires: '.......il'., ...?,•• ',.... s'.'2444-.., ',!. ..,-: f.:-.:„ .',-,:•.„. .., ' ,.... ... '..' s' "•:',.. ,..!:;“. -'1,'.-,'''. -.P!..s-, . . Development Agreement - 7 DOC. INDEX #/-I-_7 • • • After Recording Return to: RECEIVED MAY 1 2 2009 II CITY OF YAKIMA PLANNING DIV. DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR TOSCANNA LEGAL DESCRIPTION A Portion Of: (Note: New legal for R2 portion is needed er j3(.a t prepar!d�) THAT PORTION OF THE NORTH HALF OF THEt- � NORTH HALF 0P; :1'HE SOUTHWEST QUARTER OF SECTION 15, T0,4T:,fiSHIP 13 NORTH,{ �iNGE 18 EAST, W.M. , LYING SOUTHERLY AND EASTERLY OF. THE RIGHT O WAY OF THE YAKIMA VALLEY CANAL COMPANY;;_ rvr. 1• 1. "E`F'ry„p AND THAT PORTION OF THE SOUTHWEST QUARTER .F THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THEO,UTHEAST QUARTER OF THE NORTHWEST QUARTER OF THEIPWEST QUART=;,LYING EASTERLY OF THE RIGHT OF WAY OF THE YAKIMAkVthk5.,CANAL CO PANY AND NORTHERLY OF A LINE BEGINNING AST A jE.,t3.'-s0THE EAST LINE OF SAID SOUTHWEST QUA5T,ER OF THE IR�I`iiEAST LARTER OF THE SOUTHWEST QUARTER, 659 . 9 0 ,I ET�'�YSUUTH OF THE: NORTHEAST CORNER THEREOF; THENCE NORTH 8,5 %D40'0 a WEST 1, 4 FEET, MORE OR LESS, TO THE �,.�,,:��„�.. fir: EASTERLY RIGHT Ci.HGAWAY aft OF SAIDjA27AL; EXCEPT THAT PORTION` LYI~_NGy _ORTHEASERLY OF THE FOLLOWING o `�`4 ,-'d1„fir -K r DESCRIBED <Lr :`.�i•:�^tY..+. BEGINNING AT TII�a* SOUTi W_ ST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF=^SAID SOUTHWEST QUARTER; THENCE SOUTH 89% 5 18” EAST A15ONG THE SOUTH LINE THEREOF 658.19 FEET TO THE SOUTHEPSx:CORNER OFtTHE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OgivHE SOUTIWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 89%0W52" Edi,. T ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF -OF W E SOUTHEAST QUARTER OF SAID SECTION 15 A DISTANCE OF 6 9i =7 .=FEET TO THE WESTERLY RIGHT OF WAY OF NORTH 40T11 AVENUE, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1050 00 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A CENTRAL ANGLE OF 0%%D09'48", AN ARC LENGTH 2.99 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 02%%D21'39" EAST TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89%%D58'52" WEST 304.46 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF 225.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 64%%D37'09" AN ARC LENGTH OF 253.76 FEET; Declaration of Covenants, Conditions and Restrictions Toscana Page 1 DOC. INDEX • • i rECEIVED "4'° 1 2 2009 THENCE NORTH 25%%D21'42" WEST 466.72 FEET TO THE POINT OF ill Yr uF YAK,MA CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEE "NG DIV. THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 33%%D00'26" AN ARC LENGTH OF 86.41 FEET TO THE YAKIMA VALLEY CANAL COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE. THIS DECLARATION is made this day of , 2009 by the undersigned who are hereinafter referred to as Declarant. L BACKGROUND 1. Toscanna, LLC, is the owner of certain property in Yakima County, Washington and particularly described as Lots 1-66 of the Plat of <4-.5.-Eunder Yakima County Recording • No. 2. Declarant intends to create on that property a residei ti community known as Toscanna with permanently maintained common areas and easements for'thebenefit of the owners. 3. Declarant intends to complete constructiOii i tiour phases: Plia :•:4 will include (18 lots), Phase 2 will include (26 lots), Phase 3 will inch dez(8 lots), and Ptiase:`4 will include (14 lots) for a total of 66 lots. 4. Declarant desires to preserve*— d enhance the property val i<es, amenities and opportunities in the above described residential coh munity and toprovide for health, safety, and welfare of residents, and to this' end;; desires t Subject the prepe}rty described above, together with such additions as may be madetoAle propertyto the covenants, restrictions, common areas, easements, charges, -and lies=set forth `m filisDeclaration, each and all of which are for the benefit of)lie''-'r •'' and __li�__.__ 5. Declarant has incorporatedToscannaHomeowners Association to provide a means for meeting 'tlepurposes and mets set forth in this Declaration_ f !%°'F 6. This Declaratidn of Covenants, Conditions and Restrictions is created and filed pursuant to the laws of the 'Sate •StiWashingt6ii. I.I. DECLARATION 1. 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 Toscanna Homeowners Association the power of maintaining, administering and enforcing the covenants and restrictions, collecting and Declaration of Covenants, Conditions and Restrictions Toscanna Page 2 DOC. INDEX • disbursing the assessments and charges created in this Declaration, and promoting the health,111 safety, and welfare of the residents. • • 3. The streets, related appurtenances and other common areas are private improvements andCE'��® not meet the standards to ever be accepted into the City of Yakima public street system. MAY 1 2 2009 III. DEFINITIONS t t' OF YAIUMA PLANNING 0174 It is the Declarant's intent to define key terms in a manner identical toor 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 requiresfotleiwse. In the event of any gr conflict, inconsistency or inconuity. between the following definitions and those set forth in the Washington Law, the latter shall in all instances govern an L 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 theesponsibility of the Association to maintain, repair and replace. :_,444. 3. "Area of Personal Responsibility" shall mean=a id refer to all lardand improvements within the Property which are the responsibility of tfie Owners to=maintain;'repair and replace. 4. "Areas reserved to Declarant' The Declarant', do es hereby.;eserve unto itself and convey to the Association a perpetual, non-exclusive easement, if necessary, for the placement and maintenance of anyentr3Aand 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 szgnage'�iionuuentation if constructed by the Declarant. Said easement shall'autlionze. those benefited by the °terms thereof to enter onto and across said property -1 all reasonable.times in order to effectuate the terms of the above grant and reservation. 5. "Assessmeiit."shall mean and refer to a charge, cost or fee, including Base, Special and Specific Fees. - 6. "Association" shampari "Toscanna 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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 3 DOC. INDEX • 0 • Builders are subject to all covenants in the same manner as an Owner is subject to this Declaration. RECEIVED 2 2009 W : r UF YAKIMA PLANNING DIV 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 jointlysby,all lot owners or for the common use and enjoyment of the lot owners including but not limitedto access roads and easements. 11. "Declarant" shall initially refer to Toscanna, LLC. "Declarant" shal141so refer to any individual or entity to whom the Declarant assigns its rigl s as Declarant under the terms and provisions of the Declaration. ~ " 12. "Developer" shall mean and refer to Toscanna, LLC, ka Washington limited liability'company and its successors and assigns. ., 13. "Development Period" shall mean the<period of time from tlie. date of recording of this Declaration until 180 days after the date upoh, hich 100% of the I ots have been sold by the Declarant or any shorter period, as determinedliPhePeclarant. A partial delegation of authority �-�iti..- by the Declarant of any of the management duties dc_ n� edsjn this:Declaration shall not terminate the development period. 14. "Dwelling" shall mean and refee;to a residential dwelling or living unit. For purposes of this document, a Dwellingshaa.l come into existence when substantially completed or upon the issuance of a certificate of occupancy by the appropriate governmental agency. 15. "Federal Mo `fgagexAgencies" shall mean'tliose federal agencies which have an interest in any lot or lots, or conimoareas, sch:as the Federal Housing Administration (FHA), the Veterans Administration (VA), the Federal National Mortgage Association (FNMA), the Federal Home Lori 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 66 of the plat of Toscanna 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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 4 DOC. INDEX • 20. "Member" shall mean a member of the Homeowners Association by virtue of lot ownership.401 • • 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 Officeof the County Clerk of Yakima County, Washington. 24. "Owner" shall mean every person or entity, including Declarant or fliiilder(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 "Owiikei,shall not include those having such interest merely as security;'for the performance of an'oiligation. ��5.�'•. r1i 25. "Property or Community" small mean the entire real'piopertydevelopments subject to this Declaration. 26. "Use Restrictions" shall mean and refe#otherules and use restrictions set forth in this Declaration as they may be modified, amended ' epealed, concealed, limited, withdrawn or expanded. 27. "Toscanna, LLC," a Washln Developer or Declarant:;= 0 limited liability company, shall mean and refer to the RECEIVED IV.11 NAGEMENT OF COMMON AREAS 1:::=AN1D gN:1gORCE'T OF DECLARATION O MAY 1 2 2009 CITY OF YAKimit PLANNING DIV Section One: Developmehaeriod. ) u nng the development period the Declarant shall appoint the boarcfof'directors of the` ssociation. The Declarant may also appoint members of the Association &other committees or positions in the Association as the Declarant deems appropriate to se!e at the Decjarant'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 developrriei i:pefiod 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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 5 DOC. INDEX i4 - LP • 41.4y 2 2009 P Ate/ r401 Section Three: Authority of Association After Development Period. At the expiration of the Dj� �i 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 Declaration. 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 coorati'on. The Board or the Declarant shall not be liable for any breach of duty, negligence, ,onussion, intentional act or improper exercise byaperson who is delegated anyduty,we or function bythe Board of P g PoF. 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 ordirectors who _,.:te. _. .t �. shall then act in accordance with the terms and pr"ovisio�ns of the Articles of Incorpo'ation, Bylaws and this Declaration. However, in the alternative iiotlles's than ten (10), nor more than thirty (30), days prior to the termination of the development:period, the Declarant who then constitutes the board, may give written notice of termination'of�#he development period to the owner of each Lot. Said notice shall specifyhtliexdate when the development period will terminate and that at such time, a meeting of the Memerstslsl, be called in accordance with the Bylaws. Members shall then elect directors in accordance witieterms and -provisions of the Articles of } Incorporation, Bylaws and this,Declaration. Declaration. ° = V. MEMBERSHIP Every person entity who s`an(5 i er ofariy_:Lotagrees to be a Member of the Association by acceptance ofor- a°deedfor.,such IS&Membershiiinay not be separated from ownership of any Lot. All Members shall havertghts andAuties as specified in this Declaration, and in the Articles and •Bylawsof-the Association` ' ` VI. VOTING RIGHTS Members shall be`entitled toxone vote for each lot owned. No more than one vote shall be cast with respect to any hot :Tlie 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: Declaration of Covenants, Conditions and Restrictions Tascanna Page 6 DOC. INDEX RECEIVE® MAY 1 2 2009 WY OF YA PLANNING (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 bythe 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", ot.'"executed" includes;°with respect to an electronic transmission, electronically transmitted along >with sufficient information to determine the sendei4denti (v) "Record" means information . iiiscribed on a tangible medium or contained in an electronic>ttansmiss' • (vi) "Tangible medinn -means a writing, copy of a writing, facsimile or a physical reproduction, on paper or on other tangible material (b) Notice.Ov_ner Consent. Notice to Owners in ; an electronic transmission that otherwise complies`with the;; requirements of4tliis Policy is effective only with respect to Owners who have"col3seated,ei,ther in writing or by electronic transmission to 'receive: electrot>tcally transmitted notices. A. Y 5 - 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 revoketheconsent 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 Declaration of Covenants, Conditions and Restrictions ��a Toscanna DOC.. Page 7 INDEX • - ti tem Ihse MAY 1 2 2009 tit f Y OF YAKIMA meeting or other action. PLANNING DIV. (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, locationAor system designated by the recipient for that purpose, and is made pursuant torthe 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 regarding how to obtain accessio the `posting on the electronic network. (c) Notice of Owners' Meetmgs otice in an electronic transmission, stating the place, day, and hour of the annual iiiieetirtg and, incase 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) befoi-Olie date of the meeting, by or at the direction of the President, or the Secretary, or the Officers or persons calling the meeting, to each Owner entitled to vote at sitchiieeting. (d) Owner Voting. '.Owner may vote by electronic transmission. (u)' The -1 -Association may., conduct an election by electronic transmission;>if thei Association has 'designated an address, location, or system to which the ballot inay'te=.electronically transmitted and the ballot is electronically which `'traristriitted 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 resent. ) 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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 8 DOC. INDEX // • • • (e) Owner Proxies. RECEIVED MAY 1 2 20 CITY OF YAKIM PLANNING DIV. (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'iut orization to act for the- • Owner as proxy include: A. B. C. Recorded telephone call`s;S; Voice mail; Other electronic.tiansmissions. (iv) An Officer or Agent o ,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 Owieauthorization: A. the `transsion must contain .or be accompanied by information, including anysecurity or validation controls, from which it can be reasonably deCermina-155'.4p Inspector that the transmission is authorized by the Ownet; *=.' `13 c , the Inspector shall specify the information the Inspector relied on ilia that a transmission was valid; and C. =r The holder of a proxy received by transmission shall provide the; ?s ociation a copy of the transmission. The:=. Association shall retain a copy of the transmission for sixty (60) days:; following; the announcement of a vote. VII. COMMON AREAS The following de_ scribed tractsand easements are herein defined as common areas and are further described on the f ialosite plan as approved by the City of Yakima: Entrance, monument and operable gates Castelvale lighting and landscaping Clubhouse ( if constructed) Streets and walkways Road frontage improvements including street and walkway maintenance Irrigation system Utilities in common areas (storm drainage) Community mailboxes Community yards Declaration of Covenant, Conditions and Restrictions Toscanna Page 9 DOC. INDEX H -� • 9 9 All perimeter fencing The Declarant will supply separate rules for Clubhouse and park areas RECEIVED MAY 1 2 2009 CITY OF YAKINiR PLANNING DIV. 1. 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. 2. 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 tolpower, telephone, water, sewer, storm drainage, gas, cable television, together with,henght for the Association or any utility entity to enter upon the lot at all times for such purposes. -T a easement on the strips of.land on the. side boundary and back boundary of lots shall be�linute�:to drainage and access and to utilities that benefit onlythe lots within the plat and.':that no utilitylines.ma be put in those strips of land on the side and back of lots which benefit property other••tliau_Jots within the plat. In addition there shall be other utility easemeVps 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, orother;materials shall be placed or permitted to remain which may damage or interfere with tile:nstallation and maintenance of said utilities which may change, obstruct, or retard the flow of waterthrough any drainage channels. Such easement areas and all improvementsheeon shall be maintained by the owner of the lots except as to utility improvements located thereinwlucl� are the respon°sibility of the utility entity owning, installing, or being responsible for s }ch imP. 001ements. SL f.. _stir: a......"' �_•;. icy 3. Owner's Easements of:E.:.,..--,,,t!„,,. iovihent. Each Ow-=,.:;•__er` Shall haveahe benefit of the "Common Areas" which shall be appurtenant to andNliall pass withe title to every lot subject to the following provisions: -x'`4';- J 4i (a) The._ ri.ght.of the Assoeiahon, 'fo;_adopt,reasonable rules governing the use of the _ o nmoh yeas and=ttepersonalconduct of persons authorized to use said areas, and r:• .•-Y to establish'' ppr9 nateenalties for the violation of those rules. PP. <P P� 'YThe right of the 'Ass..ociation to dedicate or transfer all or any part of the common araas,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 r'= two-thirds'(2/3)'of the members has been recorded. However, the board shall have the f,.u._r authority tosgrant 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 10 DOC. INDEX W • • • 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. 4. 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. 5. Association to Maintain. The Association shall maintain and pay the;actual cost of maintenance from assessments as provided for herein, the following: A. B. The private roads and walkways for purposes of ingress,`egcgss and utilities described as storm water management system of tl e;�property ,- Landscaping to include Castlevale Road frontage, community yards ;-street R.O.W and entrance areas, C. The storm water drainage facilities and systenk • RECEIVED 41" 1 2 2009 cry of D. Landscaping and any improvements situated thereon,. on the Common Areas o l`,K11 easements for the benefit of all` -rot -owners such as the' monument/entrance area, the�Ni�D D/d irrigation or sprinkling systems servin ttie:,common areas' as constructed by the 4 "1;�� � t ,. Declarant, the mailbox designated..area, the,entrance monument, and gates, and any street lighting, sidewalks, curbs, park amenities; =nmai�lboxes, parking areas and gutters or similar facilities: Obstructed by thebeclarant..:' E. All perimeter•; fencing constructed by the: -Declarant as well as any fencing constructed by the DeclarantTaroun 1 wetland buffer Tracts as required by governmental ations. =- F The front, Si thereon. Band bac ;:yards of each lot after a residence have been constructed G. Me 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 tle=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 Declaration of Covenants, Conditions and Restrictions Toscanna Page I1 DOC. INDEX a i MAY 1 2 2009 v1 I ryyNING t1F yA 1iqA casualty insurance in such amounts as may be determined by the Homeowners Associationanana Div the cost of said insurance shall be 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•adaiinistration of the Association and enforcement of the terms and provisions of this Dirclaration. Common expenses shall also include the cost of liability and casualty insurance ins. liatever,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 foth.in this Declaration and the responsibility of the collection and payment of the common expenses shall b6determined, administered, and adjusted by the Association Boa_rd«of Directors. „.?':'•: : ,}, 6. Delegation to Manager. The Board of Directors maydelegate4any-of its managerial duties, Owers or functions to anyperson, firm or corporation, r`ovided that anymanagement P rP � P :;,:::�;. g agreement for the project shall be terminable by the Associate for a cause upon 30 days written notice, and the term of any such agreement•mayynot exceed one`year renewable except after Board review and by agreement of the parties for;'successive one yearperiods. The members of the Board of Directors shall not be liable for'y onusstga or,improper exercise by the manager of any duty, power or function so delegated by written ins : ` eni — t executed by a majority of the Board of Directors. 7. Extraordinary Use Expenses. Inthe event that ont or more lot owners should by their use of the common areas causeinikbe subjected to otherhthan reasonable wear and tear or by their actions damage those commonrareas it any improvements located thereon or therein, the individualsiili ecting thie common area to such se shall have the obligation to repair such damage upon demandbythe,Association and to restore such common area to the condition that =prio existedr to such use oitkion andlrexpenses therefore shall be paid by such individual. 8. Street Repaii;,_Maintenanceand Cleaning. All Builders or Owners shall use due diligence to avoid placing in*cessary dirt debris, and any other material washing onto or depositing on the streets as a result a ?any con§truction activities and each Builder or Owner shall at all times remain responsible for=keepmg 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 iinprovements 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 Declaration of Covenants, Conditions and Restrictions 7oscanna Page 12 DOC. INDEX • v tti M4v 1 2 2009 lYQFy the violation of the above referenced provisions, the Homeowners Association shall reimbiNING 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. 9. 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 anylot upon which a Builder or Owner is constructing a residence or engaging in other c -onstiitction activities. In the event any Builder or Owner is in violation of the terms and provis.onstof this paragraph, this Builder or Owner shall agree to pay a maintenance charge to theDeelaant in an amount to be determined by the Declarant but not to exceed $500.00 for,eac"h such violation by a Builder or Owner. In addition, each Builder or Owner agrees to infy the Declarait.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 thisparagraphby such Builderbr;,Owner and that this liability on the part of the Builder or Ow er l all be joifit�and several. AnyBuilder or tU�. .�y : Owner who violates the provisions of this paragraph shall eim)urse _the Declarant upon request for any expenses incurred by Declarant because of the fail'ueof the Builder or Owner to abide by the terms and provisions of this Declaration. In the event anyBuilder or Owner does not pay the same upon request, then the Declarant' hall have a lien against_ytlie property of said Builder or Owner to secure payment of said reimbursementi the event it cannbfbe determined which Builder or Owner was responsible for the violation of-tlieabove referenced provisions, the Association shall reimburse the Declarant for any, expenses,nicurred by the Declarant. Regardless of any other provisonn this Declaration, this paragraph can only be amended by the Declarant during the DevelopmenPeriod. 10. Street Trees. As a conthtion of plat _approval, the :Declarant may have had to install certain trees either withimthe street nght-of-wa}r:'or xon_Jots as a condition for obtaining final plat - ;. . approval. TheHoiiiecowners Association is responsible to maintain said trees and in the event any tree is rel oved 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 *Want any other"provision in this Declaration, this paragraph can only be amended by Declarant during the Developrertf Period. 11. Insurance. Nothing shallbe done or kept in any common areas which will increase the rate of insurance on the coriimonareas or other Lots or improvements without the prior written consent of the board. Nothing OAR 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. 12. 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 areas 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 13 DOC. INDEX • 0 • MAY 1 2 2009 CITY Aui3OF YAKI q y are subject to the acquisition of all required permits from governmental agencies. This See .tOMI DIV. 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. 13. 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 thel3oard'thereafter, shall retain the rights for enforcement and initiation of penalties for violations ofthis policy. 14. Landscaping and Fencing. No permanent structures.orlandscapingofany kind, including fences, walls or shrubs, may be built or placed within aVnght-of-way easements or other easements as delineated on the plat except as deemed -appropriate by the BoaM his prohibition shall not apply to the landscaping and any improveffients in the;common areas installed by the Declarant, during the Development Period, nor sl alllhs. Section irohibit the Association, after the Development Period, from installing additional improvements or landscaping within the designated common areas, nor shall this section prohibit tii8eiiistallation of fences as may be otherwise allowed in this Declaration, nor this section prohibit the installation of landscaping on private lot areas encumberedFby utility easements;tipt otherwise restricted in this Declaration. Also, this prohibition shall notaapp1y 611co andscaping of nt or side yards of Lots extending to the edge of the curb or sidewalk:,:. *='; 15. Management. Each owner;• ressly covenants that the Declarant, during the Development Period, and the board thereafter, may delegate alror any portion of management authority to a managing agent, matager^or officer Of the Association. and may enter into such management contracts or other service'contracts4tgp[^r}.ovide for t1pe-maintenance of the common areas and any portion thereof; Any.: management agreement ar; eniployment agreement for maintenance or management maybe=:fit _ :errninable" by the Association without cause upon not more than ninety (90) days written notice therr4;(However;this shall not be applicable if the agreement provides for any otfiespecific termination.) The tern• of any such agreement shall not exceed one year, but r.� v7:' which sh U be renewable annually by.:the Board in its sole discretion. Each owner is bound to observe the ferias and conditions of any management agreement or employment contract, all of which shall beimade 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 .,inimbn expense. 16. Sanctions for Failure to Maintain. In the event that.Toscanna, LLC, Home Owners Association (or successors thereof), in the judgment of Yakima County, fails to maintain drainage facilities within the plat of Toscana, 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, the City of Yakima 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 14 DOC. INDEX# /T'�a • • • 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 lots 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; 41 lots within the plat. VIII. ASSESSMENTS 1. Covenants for Maintenance Assessments 0 ECE VED MAY .1 2 2009 �i Y OF YAKIMA PLANNING DIV 1. 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; isdeeme i to pay to the Association monthly or other regular assessments as set Declaration. 2. The monthly or other regular;;: special and specific•assessments, together with interest, costs and reasonable attorney sfeesshall be a chargean4 an.automatic and continuing lien upon the lot against r!iie-h: such assessment=is made. Such hen may be foreclosed by the Association in like manneral aMortgage on real property. 3. Each assessment together with interest, costs, and reasonable attorney's fees, shall be the personal _obligatior% of the personho is the Owner of the lot. 4. Unless otherwiseprovidedfoc in this Declaration, no lot owned by a Builder shall he subject_to._any momthly or other7assessments. 2. Maintenance of Storth Water Facilities and Pollution Source Control Plan. The Declarant and the City of Yakima may hay.e,enterecV100.an agreement to maintain storm water facilities and to implementa°pollution source3control plan. The Association shall be responsible tocomply with all the provisions of any suchtagreement and plan as if it was an original signator thereto. That the Association sliall have the obligation to perform all maintenance requirements under said plan including, but4nigtlimited to, normal and periodic maintenance, monitoring, submitted reports to the City of -Tai is as required by the plan. In the event the Association fails to comply with the re uireinents of the agreement andplan as set forth above, then Cityof Yakima P Y q � ,� � 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. DOC. INDEX # /-�-(o Declaration of Covenants, Conditions and Restrictions Toscanna Page 15 • �1 iiGv v GAo MAY 1 2 2009 Y OF YAKIMA PLANNING DIV. 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 regularassessment for any assessment period, then the assessment established for the monthly or regular assessment for the prior year shall automatically be continued until such time as theBoard;acts. The monthly or regular assessments shall be sufficient to meet the obligations°i nposed'h f t1 e Declaration and any supplementary declarations, and shall be sufficient t9 establish an adequate reserve fund for the maintenance, repair and replacement of common area facilities. 6. Special Assessments. In addition to the assessments4'authorized-:above, the Association by its Board of Directors may levy, in any year, a special assessme fiappl'ication to pay for any unexpected repair or replacement of common area. Howey %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 costbf such work, pnorto the work's commencement, b r provided such estimate has been provided a`I cer sedgcontractor tamed by the Board for the purpose of such estimate. All special assessments for or struction of new facilities or acquisition of new equipment, which is not for the repair or replacementofexisting common area facilities, shall require the approval_of�two thirds (2/3) of tl a qualified:votes of the Association. 7. Specific Assessments 'fIe Baard:may levy Specific Assessments against particular Lots for expenses incurred by the Association kprovide'special benefits or services (i) on request of the Owner yof9'a=a11Qt -0{.(�u) pursuant to the Association s maintenance obligations for specific Lots; (iii): made necessary by therconduct of the Owner or its licensees, occupants, guests; or (iv) necessary to bring tlie"eLot into ic;mphiance with this Declaration, the Articles, the Bylaws or Association Rules. Spec fic Assessments may be levied under (iii) and (iv) above only after noticei.p the applicableQwners and an opportunity for a hearing. v:y e4 .l�ti„ �srt 8. Rate of Assess> lent. Bothfiionthly or regular and special assessments shall be fixed at a uniform rate for a1iTots:_ 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 1st 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 Declaration of Covenants, Conditions and Restrictions Toscana Page 16 DOC. INDEX _P • • • 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 (1) 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. 10. Certificate of Payment. The Association shall, upon writtet%;demani furnish acertificate in writing setting forth whether or not the assessment on a.specified lot has 15een:;paid. A reasonable charge may be made for the issuance of the certificate.. Such certificate shall*onclusive evidence of payment of any assessment. 11. Fines Treated as Assessments. Any fines levied by'tleAss©ciation pursuant toRCW 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 at?ECEIVE® Declaration. • IX...COLLECTION OF'ASSESSMENT C r ur yAKIMh PLANNING DIV. 1. Lien — Personal Obligation. All; assessments, together with interest and the cost of collection shall be an automatic'andk:continuing.lien upon the' lot against which each such assessment is made. The lien shall have alt the incidents of a mortgage on real property. Each such assessment, together with interest, costs "and<=r"easohabTecattoFney's fees shall also be the personal obligation of the personVwho s`tl a owner f ,the lot. No'owner may waive or otherwise avoid liability for assessments by non-use?ofthe common areas or abandonment of the Lot. MAY 1 2 2410 2. Delingili ncy. The Board sl all establish and publish the terms and conditions of a collections • policy in compliance with FairCredit Regulations. If any assessment is not paid within ten (10) days after its due:date, the assessment shall bear interest from said date at twelve percent (12%) �.y or, in the event that t yelve percent (12%) exceeds the maximum amount of interest that can be charged by law, thenztlk,highest permissible rate as provided for by law. A late charge established by the Boa d 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 17 DOC. INDEX 0 • 1 i have the power to bid at a 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 due 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 • 4. Enforcement of Assessments. The Board may take such action ailsliecessary, including the institution of legal proceedings, to enforce the provisions of thus Artic1e::I3ine. In the event,the .Board begins an action to enforce any such rights, the prevaiihngparty chalqw entitled to its attorney's fees, costs and expenses incurred in the course of such enforcemei action as provide "cr VED in this Declaration. X. HOMEOWNERS ASSOCIA1fdN LANNIN 1. Membership. Every Owner of a Lot shalt be a Member of-the:9pssociation. Membership shall be appurtenant to and may not be separatefroin: ownership of an ►I4.ot.,When more than one person holds an interest in any Lot, all sucl f,persons},sl all be Membe s •Ownership of a Lot shall be the sole qualification for membership., 2. Voting. Each lot shall yearnt4.pwners with one vote per;lot on all matters. No lot shall be entitled to more than ore vote. Ail1.gtowned by a husband and wife, or jointly by more than one individual or entity,'slialltbe entitled -to only one vote, per lot by the lot owners cumulatively and x not individually. Matters'fiv,olving;the capital imprg ements of the common areas shall require an affirmative vote: of 2/3 of the::Meinbeis- eligibie to vote. All other matters shall require an affirmative vote of'a najority of 11 a members'eligible to vote unless otherwise stated elsewhere in this Declaration or`ainendment ithereto. !f 3. Meetingss'.;.Subsequent to such time:4the Declarant shall no longer have the right to appoint directors under�.this Declaration; the Association shall schedule regular meetings at least once a Other eciaal� meetin s (iia.'''' be called in accordance with the terms and provisions of the year. sp•. •_,:;:::•, g Y Bylaws of the Association. Minutes shall be kept at all meetings and shall include a record of all votes taken. 5 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, Declaration of Covenants. Cenditil:asani BeSScicSio s _-- _ _--- -----.----.--- -- --- —— -- Tobna Page 18 _DO--C— - — -------- .INDEX • !J I V fl MAY 1 2 2009 Y YAC monuments, perimeter fencing, club house and recreation area; and all expenses in connec ir}NNING RD with the administration of the Association and enforcement of the terms andprovisions of this Declaration. Common expenses shall be inclusiveof 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. 7. Budgeting For Reserves. The Board shall prepare and periodically review a reserve budget for the Area of Common Responsibility of the Association. Budget shall='incl'ude amounts, as determined by the Board, to be collected for future periodic replacement of all Common Area Facilities. The Board shall deposit all amounts collected as reserves in separate bank accounts (the "Reserve Accounts") to be held for the purposes for whirl;they areollected and not commingled with anyother Association funds. Withdrawal=_of funds fromfian, Association � :. } .,max, Reserve Account shall require the signatures of two members of the board. i'Board shall obtain an initial reserve study and then provide updaites at least,once every five- .yam. or- earlier as determined by the Board. The reserve study shall mcbide at minimum (a) identification of the Common Area Facilities which the Association is obligatd 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) airestimate of the cost f:replacement. The Declarant shall not be liable to the Association or ail?' ber if the amoi1ii collected as reserves proves to be inadequate to pay for all the costs of periodic%i�elacement. 8. Lien for Failure to Pay. In the event any party failg'to pay kwithm the terms of a collections policy adopted by the Boar'''•:f fo "_their portion oflie expense;=then the Association may file a lien, substantially in theform of alabor and mateiial lien. The lien shall be a lien against the property of the non-paying,party and foreclosable*the same manner as a labor and materials hen. The hen shall have iietqualig4terice until paidand released by a recorded lien release. The unpaid balance. shall bear interest'at=ithe"='highest legal rate until paid and the non-paying party shall be liabl&'for°costs and attoriieys fees expended in any collection action including but not N.n.� a. limited.to=the foreclose a of the lieiiSale or transfer of any lot shall not affect the assessments as to payments thereof which 1 ecame dile prior to such sale or transfer whether a lien is filed prior to the sane r not. No sale ortransfer shall relieve such lot from liability for any assessment, dues or other chargethereafier 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`sueh 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., or other 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 19 DOC. INDEX O a • i 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. 11. Rate of Assessment. Except as provided for herein,monthl or' ar and special assessments shall be at a uniform rate for all lots. 12. Directors. The Declarant shall act or appoint the board of diectors unti7=such time as 100% of the lots 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 saidlots.,have been conveyed to other than builders, the Declarant in'accoidance with.,the by-laws shallconduct an election of a board of directors and that shall then act m Ara,,.?::ccordance with the terms and provisions of the Articles of Incorporation, Bylaws, and this Declaration. 13. Association Obligation. The Associati©n .shall be obligated toy -perform the maintenance and repair as more specifically set forth in this Declarit .e .provided tliatlf any work is required as a result of any negligent or intentional act or adtnissiovof anK,owner, • or the owner's agent, family or tenants, then the cost of such work shall be paidfousvelr exc'y by such owner and shall become a part of the assess rtent'1evied 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 facilityirequired�to.be maintained or repaired by the Association. Such Ira' . � , i --..=.!c^ ._.. Cs. contract shall be signed by the l itiiii iif:dire_ ctor_sRoin behalf of the Association or by the Declarant • during the. Period'ofDevelopers{-'Control. - The Board of Directors shall appoint individuals to serve as President, Treasurer and Secr CE VE The term of each officer shall`be one year. Officers may be elected to consecutive terms. XL. OFFICERS MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. 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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 20 DOC. INDEX • XIII. ARCHITECTURAL CONTROL COMMITTEE RECEIVED MAY 1 2 2009 CITY OF YAKIM PLANNING DIV. 1. Appointment. The initial architectural control committee shall be appointed by the Declarant and the initial Member of that committee shall be . 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. `` Sal 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•topeform other duties as set forth in this Declaration. The members of the ACC may delegate their duties to any orie'member subject to approval of the Board. 3. Adoption of Guidelines. The ACC shall have the autliortyy-to`adopt and amend -written guidelines to be applied in its review of plans and specifications in order to further the intents za. and purposes of this Declaration and any,other covenants or restrictions covering the Properties. If such guidelines are adopted, they shall l ep ovi_ded to all Members. 4. Meeting; Compensation. The ACC shall meet as iecessary-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 ofLIiii<ivcfors, the membeis of the -ACC shall not receive any compensation for thei tasic services. However, iftime in excess of five (5) hours is required for the review and approvaifany prolosal, the Ownexksubmitting the proposal shall pay a fee for r - the additional time based upon usua.xand customary: architectural fees in the area, as established by the Board. All:members shall be entitle ,,to xeainbursement for reasonable expenses incurred in connection' with: thew performance, of ACC duties. 5. Nofiwaiver. Approval by_the ACC rqf ny plans, drawings or specifications shall not be a waiver of the :right to withhold _approval of any similar plan, drawing, specification, or matter submitted for; approval. 6. Liability. Neithe :`the ACC:nor any of its members shall be liable to the Association or to any Owner for any damagerloss or prejudice resulting flout 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. 0 • Declaration of Covenants, Conditions and Restrictions DOC. 411 Toscanna Page 21 INDEX • 9 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. RECEIVED XIV. ARCHITECTURAL AND LANDSCAPE CONTROL CITY OF YAKIMA 1. Approval of Plans Required. None of the following actions may betaken until plans aR ANNING DIV. specifications for the same have been approved in writing by the ACC. rf; (a) The construction or erection of any building, fence:wall or Der, structure; including the installation, erection, or construction of any solar collection device. MAY 2 2009 e - (b) (b) The remodeling, repainting, reconstruction; or alteration of any roa other structure. (c) The landscaping plan for any lot. Any such actions which have been approved shall only be takeninconformity with the plans and specifications actually approved by the ACC, a id rio .changes in or`deviations from the approved plans and specifications shall be made without the przoi j rptten approval of the ACC. 2. Approval Not Required?Not ithstanding any oiher provision of this Declaration, the approval of the ACC shall not b6::requiredforaction taken* Declarant to develop any of the lots or common areas. :: 3. Procedure for.Approval. Agyperson-Withing.:to take any of the actions described above shall submit to the` AtC=t gsets ofplias and specifications which meet the following requirements: alP1ans for the ccinstruction'ormodification of any building, fence, wall, or other structure'ttiall be building elevoration plans with, in addition to s detailed site plan, the exterior color scheme'proposed outdolighting, proposed landscaping, and shall show and otherwise identify any special needs or conditions which may 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 comers 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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 22 DOC. INDEX • • • tviAY 1< 2 2009 :u Y OF YAKIMA PLANNING DI 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 privacy. 5. Conformity with Approved Plans. It shall be the responsibilityof the ACC to determine that actions have been completed in accordance with the plans as subiiiitte 'and approved. Such determinationmust be made within 60 days,of the completioi of the acfion. If the ACC shall , determine that the action does not comply with the plans;,aidspecificationsaas,approved, it shall notify the Owner within the 60 day period, and the Owiner, within such time'41.11.e ACC shall specify, but not less than 30 days, shall either remove dor alter the improvement'ora_take.:such other • steps as the ACC shall designate. 6. Exclusions. During the Development Period, the Declaiant=.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_t eACC may approve*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 oi%.any lot without the necessity of any further approval by the ACC. 7. No View Restrictions: 'That thereare no view restrictions with respect to any lot. A residence or other improvement4onstructed',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 iece;sidenor--:any other improvement is constructed on a lot in conformgty-'witi 'the'provisioiss`of this Declaration or ACC Design Guidelines which may restrict the view of another;lot. 8. Work'Hours. No work, including delivery of materials or equipment, which would cause noise or other diaiaance, 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 23 DOC. INDEX # 11 - (P 0 0 9 RECEWED MAY 1 2 2009 (b) The maintenance, repair, replacement, of any Association improvement in any bit r OF MINA easement accessible from that Lot CANNING DIV. (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 easetnent>shall be exercised only after reasonable notice to the Lot Owner. 2. Easement for Government Personnel. An easement for access by police;; fire, rescue and other government personnel is reserved across all Common Areas necessary o r=appropriate for the performance of their public duties. XVI RECREATIONI+~ACIL1T* . 1. Clubhouse (if constructed). A clubhouse,�facility is provided°fo.the owners use and enjoyment subject to House Rules as determined by thie card. Declarant -,,,..i:-t lease the clubhouse to the Homeowners Association until such time assPhasegiis: completed `Upon completion of Phase 2 the clubhouse facility will be owned by the Associatioi3an44be a part of the Area of Common Responsibility. The Board may appoint a manager, who w>likeep a schedule of all events • requiring the use of the cliil hl"ou e, "`'.` 2. Clubhouse Private`Fu ction Signs p. Any residerdesirous of using the clubhouse for a private activity must contact the irianager_andieomplete a "Social Use of Park Facilities Agreement" The resident sponsors responsible for'cleariing:,ttie clubhouse at the conclusion of the function. The Boai4thay'require=a,reasonatile deposit fo ensure that satisfactory cleanup is completed. igf:.. �4?''1 :!.:.j ;5._ s 3. Clubhouse or Park Closures. The community recreational facilities may be closed from time - to -time fornaintenance, or :'scheduled private activity. 4. Clubhouse HeatinWCoolineAir conditioning and/or heating of the clubhouse may not be operated on a constantbasis, 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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 24 DOC. INDEX • • XVII. PERMITTED AND PROHIBITED USES RECEIVED MAY 1 2 20 CITY OF YAKne, PLANNING DIV 1. 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. 2. All Guests. Any guest staying longer than 15 days in any 60 day period must register with the management. Visits cannot exceed 60 days per year. • 3. Live -In Care Provider. Exceptions to the above will be made ffor li ►e;in care providers. Prior to.allowing a live-in care provider to move into a resident's Name, resident _must provide the Homeowners Association with the following: =s: Written proof that the care provider is over.0$) eighteeni years of age; A copy of the resident's approved plan of treatment; A copy of resident's physician's written order forth planof-treatment The live-in care provider must execute alive -in Care Provider `Agreement and must comply with all rules and regulations of Toscanna Homeowners Association:ie live-in care provider is not a tenant of the Association and has no rights "totenatic .4r. 4. Use of Clubhouse by Guests. If a Clubhousezis provided tl Board reserves the right to determine whether clubhouse orother communityfacilities can accommodate residents and guests. The Associatiorinay refuse any guest access to a facility if the guest's presence would detract from the use rand enjoyment of the facilities iy the owners. 5. Overnight Guests During'0Wrier Absence:_:If.theowner is absent, no guest may stay overnight in a resident:a'liome 3vrU out not fying the Homeowners Association by registering in advance with Management. 6. Land tlseand Building Tvpe. All lots subject to these protective covenants shall be used only for residential purposes. No ifiiictures of any kind shall be erected or permitted to remain on any lot other than sthgle, family residences, garages, work shops, and structures normally appurtanant to such residences?iNo„carports will be allowed and all garages must have doors. All dwellings shall comply with City _of Yakima 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. 7. 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. 8. 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 25 DOC. INDEX # 14_{ O O • i i 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 9. 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 maize application to the ACC for an extension of time until weather conditions sufficiently rove, "Front yard" shall be defined as the lot area extending from thefront property line back to a line measured parallel with the front property line•which woutdTc iricide with the front wall of the main dwelling on the lot, exclusive of any garage projections but inclusive ofiany garage FCE9VE® recessions. : �>�ri4Y 1 2 2009 At least 50% of the minimum "front yard" landscape ar'eaoneach lot shall be maintained ai; lawn area unless otherwise approved by the ACC. Y OF YAKIMA PLANNING DIV Within 60 days after occupancy, all lots wits visible backyard areat;from.adlacent.street rights-of- way shall have the landscaping completed on the'entire lot area unless `otherwise approved by the ACC. 10. Driveways and Parking All drivewaysand any parking areas on any lot shall be of aggregate concrete material or sii ji other hard surface material as shall be approved by the ACC and this shall be completed prior to: gccupancy. Unless fully enclosed within an.app oved=�sl±ucture upon a lot, no recreational vehicle, commercial veluc1espcotr nsuctionor like equipment, trailers (utility, boat, camping, horse or otherwise), boats, or disabled vehicles: shall be allowed to be parked or stored on any lot. {yY" Recreational, vehicles, boats; and traileis (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`nay:.be adoptedby the Association. 11. Nuisances. No noxiousor undesirable thing or noxious or undesirable use shall be permitted or maintained upon anyLot 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. 12. 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. 13. 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 26 DOC. INDEX • • • 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. 0 14. 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 4y �. approved by the ACC have been completed. 2 2009 ��c t r OF yAKINA 15. Signs. No sign shall be erected or maintained on- any lot except that more than one "F8P NNING DIV t np 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 toYpromgtethe sale of any lots by Declarant, including but not limited to monument type signs atythe entiani?e to the subdivision. The signs for model homes constructed by builders shall*approved by theACC. Political campaign signs are allowed only upon a Lot owned Fiy_the Person posting them, and with the following restrictions: (a) 28 inches). (b) Signs shall be free standing and`=-ndt cpnnected or attached to a fence, building or other structare: (c) : ` Signs shall`;no_ t be lighted `except as normal house or yard lighting may incidentally illuminate them: A41. .`•;..:.Signs shallnot obstruct _driving line of sight or traffic signs or signals. (e) involving the the candidate (g) gnsshal1 riot:: be. displayed more than thirty (30) days before the election cand dte, party"or-nallot measure they address. Signs shall be removed within three (3) days after the election involving party orballot measure they address. :s shall not be placed on common facilities or grounds. 16. 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 minimise excessive noise from barking, which is otherwise to be Declaration of Covenants, Conditions and Restrictions Toscanna DOC. 27 INDEX 0 0 • • 9 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 PetF.CEIVED Agreement to be signed by lot owners. `r�AY 1 2 2009 17. 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 aril y OF YAKIMA screened from public view. All equipment for the storage or disposal of such materials shall 4-ANN1NG DIV, kept in a clean and sanitary condition. 18. Temporary Structure. No structure of a temporary or removable. cl aza'ter, including but not r,�. limited to, a trailer, mobile home, basement, tent, shack, garage, ba i or any other building shall be kept or used on any Lot at any time as a residence. This provisioi ha11 not be deemed to prevent the use of a construction shack or trailer for purposes purposeS'4storaggl4security at any time during the Period of Developer's Control. 19. Utility Lines; Radio and Television Antennas. Affelectrical service, telephon hues and other outdoor utility lines shall be placed underground:No=exposed oexterior radio or television transmission or receiving antennas shall be constructed:4449.0%i 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 lots of lines or antennas. 20. Satellite Dishes, Antenna and Aerials. Up 'to tw ,satellite dish ,,ntenna having a diameter of not more than 40" installed in the side yard of backyarof,any residence and integrated with the structure and surrounding, landscape, shall 'be ;permittedVgon a Lot without any additional approval. Any other dish§loealjcin, 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 Y 21. Tanks Etc.,.Any_ tanks iTot rith4residence, including tanks for the storage of fuels, musteb iried'or.walled"si ciently to conceal them from the view from neighboring lots, .41 roads, orstreets. All clothes lines, gaibage cans, equipment, coolers, wood piles, or storage piles shall,•b itably screened to conceal th em 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 const uc ion!i''' �7#= 22. Auto Repair. Nolamajor auto repair shall be permitted except within enclosed garages which are kept closed. 23. 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. 24. Siding. The siding shall be of a Hardi lap siding or such other material as may be approved by the ACC. "T-111" or the equivalent is specifically prohibited for the use on the front of any home. Any other material shall be approved by the ACC. Declaration of Covenants, Conditions and Restricfinns Toscana Page 2E DOC. INDEX A9AY, 2 CRY 20°9 25. Fences. Except for fences that have been constructed by the Declarant, no other fences • permitted on the side and rear property lines up to within the greater of (i) 25 feet of the front property line; or (u) the distance between the front lot line 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 comer 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. • • 26. Maintenance of structures and Grounds. Each owner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and fin, such=fashion as not to create a fire hazard.• ""{y` 27. Firearms. The use of firearms is expressly prohibited. For purposes ofths subsection the term firearm includes guns, pistols, handguns, rifles, automatic weapons and; temi-automatic :ice. 28. Dirt bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be pernutted on any road *OM the plat, nor shall dirt bikes or ATV's be permitted to operate on any owne_r-'s •:trot or on adjacentrgads in an unsafe manner or in such a way to create a hazard or nuisance. `_':, 29. Damage Repair. All owners agree to repaiirimmediately anydamage to any utilities adjacent to their lot or lots, in the evetiy of the utilities7are cracked< roken, or otherwise damaged as a result of dwelling const action activities, or other; activities by owners, by persons acting for owners, or by person"s-nior aroundtlie property at request of or with the consent of the owners. Repairs not immediately n ade by lot owners after reasonable notice may be executed by the Board at the owner s sole;expense weapons. 30. Building Materials' All-homescgnstructed on each lot shall be built of new materials, with the exction 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 subilaision and whether the material would add to the attractive development of the subdivision. The exterior of all constriction 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. 31. Mailboxes. That no lot owner may install a mailbox on a lot. The Declarant has established a mailbox area. Declaration of Covenants, Conditions and Restrictions Toscanna Page 29 DOC. INDEX 0 0 • 9 i 32. Square Footage; Dwelling Size. The main structure, exclusive of one story open porches and garages, shall not be less than square feet. No dwelling shall exceed three stories 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. 33. 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. 34. Codes. All construction shall conform to the requirements of the State of Washington's rules and regulations for installing electric wires and equipmen_t,ai clithe-uniform_codes (building mechanical, plumbing), in force at the commencement o . the rconstruction ._including the latest revisions thereof. 35. Entry for Inspection. Any agent, officer, or committee member, or Declarant, may at any reasonable predetermined hour upon 24 hours notice diixug;coonstruction or exterior remodeling, enter and inspect the structure to determine if there has beef ompliance with the provisions of this Declaration. The above recited individuals shall not be died 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 insectigns_ 36. Sex Offenders. No registered sex offenders{can;Fesidewitlim the development. The ACC and/or the Homeowners Asidciation have the right to have army such sex offenders removed by injunctive relief. 37. Authority to Adopt AdditionaL'Rules and Restrictions. The Association shall have the authority to adopt, additional' -written `r Iles a 1.4;mtfictions governing the use of the Properties, provided su.e i rii1es<and.restrictions are consistent with the purposes of the Declaration, and t i CEIVE® establish:penalties for violation of tliose rules and restrictions. If rules and restrictions are adopted;;:they, along wits t} e,established:penalties, shall be made available to all Members. ;,� �Y a f � `.XVIII MAINTENANCE AND USE " U I Y OF yAKi PL.ANNING2 D100g1V. 1. Business -and Commercial.Use. Except model homes or ACC approved sales offices, no lot shall be used for otherRthan one detached single family dwelling with parking for not more than three (3) cars, and notrade, 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 30 DOC. INDEX #_� • • • approval to carry on an "in home business" shall be limited solely to the owner requesting and being granted 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 maintenancepairand 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'7nantain an improvement. If owners are absent, it is still their responsibility to have someone maintatn-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. There7will 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 shalrbe `responsible for the irrigation RECEIVED strip of grass between the sidewalk and sheet adjacent to the'owner's lot. • 1. M yY 2 2009 XIX INSURANCE REQUIREMENTS Insurance. The Board shall at alltiriieslpurhase, maintain in force, the premiums for, if reasonablyµavailable, ms urance on the Common Areas and other areas of Board responsibilitrsatisfyii --g4t least the foIlowing requirements: 0rYOFYA a iti NG (a) Property Insurance. Blanket property insurance using the standard "Special" or "All -Risk" ` buildi ciform. Loss adjustment shall be based upon replacement ,cost. For'pi�;iposes of ilius subsection, the term "casualty insurance" shall not mean or rfer-to "eartli quake" 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.0 D ':s n Yakima County, Washington. If possible, the policy should be written ono 'the comprehensive form and shall include not -owned and hired automobile liability protection. (c) Director's and Officer's Insurance. 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 31 DOC. INDEX # 0 i Mq y I � Cine OF 20p9 y (e) Agents. Furthermore, where the Board or the Association ljV d vA 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, asYtlie ;case may be, at any given time during the term of each bond. Nevertheless; iiLno 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, tle'owners Association, and the Property Manager as obligee; (ii) If the insurance contract or- fond excludes coverage for damages caused by persons servin g=without codipe> tsation, and may use that exclusion as a defense or reason noUtq;pay a claim, the insurance company shall, if possible, be required tawaive=that exelusion or defense; (iii)g.T e,-*emiums on_:all bonds required herein for the Board and the Association (except for prep Tums on fidelity bonds maintained by a managementRagent for its officers, employees and agents) shall be paid by the lsubstantia „including cancel ation for nonpayment of premium, Board or the AssociaticikaSipart of the'Common Expenses; and onds shall provide that they may not be canceled or :modified;; without at least.,. ten (t 0)' days' prior written notice to the Board and the AsyationMortgagee. , to'any Insurance Trustee, and to each service of loans on behalf of airsoci M'y. 4 .y (h) -"=:SEarthquake and/or Flood Insurance shalt not be 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 coverage: Declaration of Covenants, Conditions and Restrictions Toscanna Page 32 DOG. INDEX N —€" • Mqy 2 2009 PrOFy (i) Quality of Carrier. A "B" or better general policyholder's idtMhVellb 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,,:ai insurance policy for the common elements in the Project. r. (ii) The Insured. The name ofthe insured under each policy required to be maintained hereby; shall be set fo%tl in the name of the "Association for the use and benefit of the Owners.""' (iii) Designated Representative. ,- The Association may designate an authorized representative" of the Association, including any Insurance Trustee with whotnahe Association has entered into an Insurance Trust Agreement or any successor to such Trustee, for the use and beneft,of the individual Owners (iv) Beneficiary. In any policy cover,iilg the entire Project, each Owner and his Mortgagee, if -`any, s hbe beneficiaries of the policy in an amoutgqual to the Owner's percentage of undivided ownership interest m the Common Areas andFacilities. v _ ;,_ Certil7icate of Insurance: Evidence of insurance shall be issued to ortgagee,ipon request. i) Mortgage Provisions. Each policy shall contain a standard mortgage clai ge.or its equivalent and shall provide that the policy maynot be canceled or substantially modified without at least ten (10) days prior written notice to the Association and to each Mortgagee. .AVVaiver of Subrogation. A waiver of the right of a subrogation ainit 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 33 DOC. INDEX # //_6, O a IT and contents; provided, however, no Owner shall be entitled to exercise his ri maintain insurance coverage in such a way as to decrease the amount which 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. tnh., (m) Prompt Repair. Each Owner further covenants and agrees that in the event of any partial loss, damage or destruction_ sof :his Lot, the Owner shall proceed promptly to repair or to reconstruct the,:`damaged4structure in a manner consistent with the original construction. Via:•, (n) Disbursement of Proceeds. Proceeds of insuranceapolicies shall be disbursed to repair promptly and reasonably ,the damages.4,, nyy,,,,proceeds remaining thereafter shall be placed in •ttie `Capital Improvement Reserv&Account and retained by and for the benefit of the Association;.-;Thisis a covenant for the benefit of the Association and any Mortgagee of a Lot and maybe enforced by them. (o) Special Endorsefnents. Each policy shall also contain or provide those endorsements commonly puf based „by other Associations in similarly situated PVDs in Yakima County, Washington; -`'uclzding but not limited to a guaranteed replacement cost endorsement under wluchi-<theinsurer agrees to replace the insurable propertykregardless of the ;cost and, or'4Replacement Cost Endorsement under which the msiirer4.i•agrees to pay up to 100% of the property's insurable replacement,& t,, but no -more, and, if'ghe policy includes a coinsurance clause, an Agreed Amount Endorseiment which waives the requirement for coinsurance; an Inflation Guard Endorsement :v h n it4can'�be obtained, a Building Ordinance or Law Endorsement =cif the enforcement"of any building, zoning or land -use law will result in :loss ordamage;;,increased; cost of repairs or reconstruction, or additional demolition and removal costs; end incre sed..costs of reconstruction. Restrictions orePolicies. No insurance policy shall be maintained where: (i) Individual Assessments Prohibited. Under the term of the carner':s; ,charter, By -Laws, or policy, contributions may be required from, or assessmeiits;�-inay 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 34 DOC. INDEX • • collecting insurance proceeds. 2. 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. RECEIVED MAY 1 2 2009 The Association shall maintain if required any insurance or fidelity bond requirements CITY OF YAKIf� r, established by the Federal National Mortgage Association, Fedeial Home Loan Mortgage PLANNING DIV. 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 DESTRUC'T'ION 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* rebuild the Common Area in accordance with the original plans. Such repair, reconstructionor rebuilding shall be arranged for promptly by the Board of Directors. 2. If the insurance proceeds are insufficient to; pay for._ttecost to repair the Common Areas, the Board shall promptly, but in no event later than ninety (90) days:;after the date of damage or destruction, give notice to.anitconduct 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 shat &e deemed to ilave,approved the proposed repairs, replacement, and reconstruction as,.'p_roposed by the$bard at that meeting, unless the owners decide by an affirmative vote: of,fifty` onetpercent, (51 %) of the total votes cast at such meeting (provided a _cluormexists), 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 otherthan• repair, replacement, or reconstruction of the Common Areainaccordance with the griginal plans shall not be permitted without the prior written approval of fatleast sixty seven.:percent (67%) of the First Mortgagees (based on one vote for each first mortgage owned) o` owners (if there is not first mortgage on that lot) of the lots. ---ixr_ 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. Declaration of Covenants, Conditions and Restrictions Toscana Page 35 Doc. INDEX O • i i 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 rights of the First Mortgagee of any lot. RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. .r: S12' 3001. MORTGAGEES' PROTECTION 1. As used in.this Declaration: (1) `mortgage" includes the beneficiary`ofa deed of trust, a secured party, or other holder of a security interest; (2) "foreclosure" includes":a notice and sale t -P�i proceeding pursuant to a deed of trust or sale on defaultaunder a security agreement; and (3) "institutional holder" means a mortgage which is a:barik or savings and loan association or established mortgage company, or other entity charteV& under federal or state laws;=any corporation or insurance company, or any federal or state_,: agency. 2. The prior written approval of at least 7;5% of the First Mortgagees (based on one vote for each first mortgage owned) of the individual lots>'sli`all<be required for any; of the following: (a) Any material amendment to this Declaratzon*to.the Articles of Incorporation or Bylaws of the Owners Association, including butnpt lim.ited�'to any amendment which would Gid-�_}l : i.. change the pro rata interest of ligation of any�individual owner for the purpose of levying .4"`i t, ., is assessments or chargesror for allocating distributions of herd insurance proceeds or v,. condemnation awards'::,-:: i� (b) The: effectuation ofianyilecision;,by theOwners Association to terminate professional management and'assume; self-management (however, this shall not be deemed or construed to requireprofessional management) i =: Toning or sutidividing.a lot (d) Any act.,or omissioonfseekng to abandon, partition, subdivide, encumber, sell or transfer the Comnion'-Areasi4provided, 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 or 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. Declaration of Covenants, Conditions and Restrictions Toscana Page 36 DOC. INDEX • • • (0 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;ihe Common Areas (c) Any default under this Declaration or the Article>of Incorporationor Bylaws which • gives rise to a cause of action against the owner of a lgt'subject to the mortgagevof such holder or insurer, where the default has not been cured in thiry_�(30) days. (d) Any material amendment of this Declaration 9 Bylaws of the Association. e Articles of Incorporation, - 0 4. Each First Mortgagee shall be entitled, 40 written request, to MAY 1 2 2009 L.I(VtiFY (a) Inspect the books and records of the Assoeiation during:normal business hours. PLANNING Receive a montlil 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'following the end of such fiscal year. (c) Receive,. written notice of a11`;meetings-of the Owners Association and be permitted to designate a_,represeritative to attend: all such meetings. 5. First_Mortgagees of any lots may, jointly or singly, pay taxes or other charges which are in default and'.which may or have becomes charge against the Common Areas, and may pay overdue premiums on hazard=iisurance policies, or secure new hazard insurance coverage on the • lapse of policy; =for _such Common Areas, and the First Mortgagees malting such payments shall be owed immediate-reimburse"inent therefore from the Association. XXffi. 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. Declaration of Covenants, Conditions and Restrictions Toscana Page 37 DOC. INDEX #•Lot 0 • RECEIVED MAY 1 2 2009 CITY OF YAKIMA 2. Enforcement by Court Action. The -Association, the Declaration, the ACC, the Horneown?INNING DIV. 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 Hein. 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 permissioii#to breach -.the peace. 4. Condition Precedent to Action. Prior to taking actionfeither by court or by`selfhelp, written notice shall be given to the offending lot owner. Sucli;notice shall specify the nature: of the offense and shall also specify the action necessary to'cue. Such action shall also provide a mss:.... „��:.,. reasonable opportunity to cure which, except in the case-bfan,eme gency, shall not be less than 10 days.' 5. Expenses of Action. The expenses of any°co rective action or enforcement of this declaration, if not paid by the offending owner within thirty `(3?0) days after written notice and billing, may be filed as a lien upon such lot, enforceable as dicer huiis liere_in. 6. Owner Obiection, Sho;p' uld a<;Iot=owner object tothe complaint of the Declarant, the Association e,µ;;51., or ACC m writing within a peridd iot 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 subiiii.4d to mediation first. ?Ini the event mediation does not effect an agreement, parties.-sh?lI nextiOtint" tie=tiiafterto arbitration. The arbitration shall be binding upon the parties°° :theparties c „annot agree upon an arbitrator, each party shall choose one arbitrator and they, in'turn;: shall clioose a third. The arbitration shall be conducted in accordance with_.,tlietu1es of arbitrationInder the=<:lawsof the State of Washington in existence at the time of any such'a titration. 7. Costs and Attameys Fees. ii the event of legal action, the prevailing party shall be entitled to r..r recover actual costs_and attorney fees. For the purposes of this declaration "legal action" shall include arbitration, Iawsuiftnal, 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 38 DOC. INDEX • against the Declarant for or on account of its failure to bring any action for any breach of thes 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,._q ice versa, where the context so admits or requires. This Declaration shall be liberally edistrued in favor of the party q y..9u .,: seeking to enforce its provisions to effectuate the purpose of protectiigand enhancing the value, marketability, and desirability of the properties by providing a:commonplan for the development of Toscanna. 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 wheaein the basis for the amendment is either (a) governmental requirements; or (b) manifest unfairaWkeifii substantially changed circumstances beyond the control of the lot owner seeking tleiamendment. In any such court action the court may exercise its equitable:. powers to grant suchrelief as is deemed appropriate. 12. Term. This Declaration shall be effective, for term of 3Q years, and thereafter by automatic extension for successive periods of t0 years.eaeh, 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 less than-i5%f the lots then subject to this Declaration. Any termination a :. agreement must be in ming, approved by qualified owners, and must be recorded with the County Auditor. L 13. Amendment:by. Lot Owners: After one;ldred percent (100%) of the lots have been sold to others than btiilders :alis Declaration can be amended only by written consent of the owners of seventy,, -five percent (15%o) 9f the '1"ots,, Any such amendment must be in writing, approved by qualifiedalot owners and 'recorded witlaie Yakima County Auditor. 14. Amendiae it.bv Declarant :Notwithstanding any other provision of this Declaration, this Declaration cin -1 amended at any time by the Declarant priorto the time 100 percent (100%) of the lots have been said to other than builders and that all lot owners agree to be bound by such amendment or amench lents. 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 lots 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: Declaration of Covenants, Conditions and Restrictions Toscanna Page 39 Doc. INDEX • • i 1 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 hasnot notified the Association in writing of such lender's desire toreceivemotice, and/or has not given the Association written notice of the lender's address foreceipt of notices. The Association shall not undergo investigation outside of its own records :into. the name or location of any lender or lien holder. This Declaration is hereby executed on this Declaration of Covenants. Conditions and Restrictions Toscanna Page 40 RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX • • • STATE OF WASHINGTON COUNTY OF YAKIMA RECEIVED MAY 12 200 WY OF Yaw, PLANNING DIV. On this day of , 2439, before me, the iri i signed, a Notary Public in and for the State of Washington, duly commisS on d and sworn, personally appeared to me known to be the, "y'> .i fix_ of T scanna, LLC, the corporation that executed the foregoing instrument, a rid' acknowledged said instrument to be the free and voluntary act and deed of said corporation; for the' ko*and purposes therein mentioned, and on oath stated that they`aTe aii horized to execute the said nstrument. WITNESS my hand' and; official seal hereto affixedthe.day and year first above written. Declaration of Covenants, Conditions and Restrictions Toscanna Page 41 .Pirated Name: NOTARY PUBLIC in and for the State of Washington, Residing at My commission expires: DOC. INDEX # /4.4 O O Exhibit A Declaration of Covenants, Conditions and Restrictions Toscanna Page 42 RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV- DOC. IV DOC. INDEX • • • Exhibit B BY-LAWS The administration of the Association shall be governed by these Bylaws, subject to the Declaration. RECEIVED MAY 1 2 2009 CITY OF YAN A' PLANNING DIV 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 . r.fi .:) conveyance or the entering into of a lease or the act, ,of`FQccupancy of a Lot shall constitute an agreement that the provisions of the Declaration iiiinese Bylaws (and any rules and regulations mase pursuant thereto), as they,.maP•be amei ded.from time to time, are accepted, ratified and will be complied with. 2.Board of Directors. The initial Board.slall'�consist of•three Directors shall all be appointed by the (Declarant)Developer and shall serve-4,its pleasure until Directors are elected. At the first annual meetingafter the end of the Develo °:`went Period(or ataspecial meeting P,�sr::=� g called after that date), the members shaLelect a five-meml i pard of Directors to conduct the affairs of the Association and the administration of tlfelproperty on behalf of the Association, who -shall be Lot Owners. (a) The Lot Owners shall elect theme*ibers of the Board of Directors for the forthcoming year. At:least thirty (3.0)V4days pnor'to any annual meeting of the Association, thea Boal: of Directors shall appoint from the Lot Owners a Nominating ,Committee of not less t ak three (3) members (none of whom shall be members of'the`-tlen Boariof Directors)' who shall recommend to owners present at the annual meeting; one .,n:i iinee for eacl 'position on the Board of Directors to be filled.,at;that; partici'il aa'=:anniial`=meeting: Nominations for positions on the Board of Directors ma0.1sobe made.by petition filed with the Secretary of the Association at ,.least seven (7)`'da_ys prio.:tothe,:annual meeting of the Association, which petition `s>sa11 be signed by .ten (10)-3-Wmore Lot owners and signed by the nominee named therein ;indicating his.'willingness to serve as a member of the Board of Directors. Three (3)-otthe Directors shall be elected to serve two (2) year terms, two (2) of the Directors sliallf;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 tenni. 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 Declaration of Covenants, Conditions and Restrictions Toscana Page 43 DOC. INDEX MAY 2 2009 CiTy OF y remaining Board of Directors members. Any member of the Board of DirectorsPR� i r)NINQ 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 benefif-'of, the Property and the Association, shall manage the business, property and affairslpf 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'D_ hectors shall have the powers, duties and responsibilities wit Ospect to ,the Propertyas :contained in the State Statutes, Articles of incorporation, tfie`tDeclaration and these Bylaws.%.,, (e) The meetings of the Board of Directos`shall be held at such places within the State of Washington as the tBoard of Directors�=slia11 determine. A majority of the o1i1C. fes: members of the Board of Directors: shall constitute a quorum, and if a quorum is present, the decision of a majority of those;3iresent shall be the actaof the Board of Directors. The Board of Directors shall annually elect�alla`of..the officers of the Association. The is � niaa. meeting for the election of officers''shall:sle held-at_,the first meeting of the Board of Directors immediatelyxfollowing the annual meeting of the Association. (f) `>:S:pecial meetings of the `Board of Directors may be called by the president or by anytwo (2) � r�` L ��3oard of Directors members. fr(g)= Regular' meetings of tfieiBoard 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) daysbefore'}the.:meeting, give notice thereof by any usual means of • communication. Sucat notice`ftneed 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. =di (h) ction Yby Written Consent. Any action required or permitted by the Articles of Inco>ilioiation, the Bylaws, the Declaration, or under the laws of the State of Washington, to ie 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 of Covenants, Conditions and Restrictions Toscana Page 44 DOC. INDEX III Directors at a meeting shall constitute a waiver of notice of such meeting except if a III 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. RE(.EI.VED • • (j) The fiscal year shall be determined by the Board of Directors. 3. Meetings of the Association. MAY 1 2 2009 CITY OF YAKIMA PLANNING NV A meeting of the Association must be heidyat 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 eventtlat .twenty percent (20%) of the Lot owners are not present in person or by proxy, the 'meeting shall'1 a adjoumed 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 owriersrRresent atsuch subsequenmeting shall constitute a quorum. Unless otherwise expresslyprovided` 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.. b:y ; t1}e Board of Directors, the annual meeting of the Association shall be held viii • the' fir`st:iquarter of the fiscal year at the property or at sucfi"otherreasonable (We, time and place located in Yakima County, Washington (aid 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 fouiteen• (14)4nor.more than sixty (60) days prior to the date fixed for said meeting,, At_ or prior=tof an annus%meeting the Board of Directors shall furnish to the Lot";;owners: `a) a budget,- for the coining fiscal year that shall itemize the estimated common expenses.of the coming fiscal year with the estimated allocation thereof to each NLot. owner; and''(b)& a statement of the common expenses itemizing receipts and disbursements for tfie,previous and current fiscal year, together with the allocation thereof to each Lot owner. (cY; :Special meetings of the Association may be 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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 45 DOC. INDEX 9 MAY 1 2 2009 CITY OF pi VAK/MA On/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 director. (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' barer assistant officers, as the Board of Directors may deem necessary. No officerf'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. s. (b) The president shall be the :chief executive of the Board 'o€_Directors and shall preside at all meetings of the Lot owners and�saf.the Board of=Directors and <<�.•• may exercise the powers ordinarily allocable toot; epresidmg officer of an Association. He shall sign on behalf of the Association gall conveyances, mortgages and contracts of material importancexto its business. die ;shall do and perform all acts, which the Board of Directors ma re uire `r.. c In the absence or inabili of theresident, the vice president shall perform the functions of the president" ' P 2 ' (d) The secretary shall keep minutes of all proceedings of the Board of Directors andFofthe 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= `sec%etary� may prepare, execute, certify, and record amendments; -;to:, the -'governing documents on behalf of the Association. The secretary shall==>i_gtbe thesame person as the president. (e) The treasurer shall be responsible for the fiscal affairs of the Association, but MayA delegate tie daily handling of funds and the keeping of records to a manage or managing; company. 5. Litigation. (a) I:f'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. Declaration of Covenants, Conditions and Restrictions Toscanna Page 46 DOC. INDEX • Of SAY 2 ZOO: CST' OF Y (b) Complaints brought against the Association, the Board of Directorsor LANAthe 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 . r. yn�y,�-r house rules or administrative rules or regulations adopted by_ the Board,„of Directors or the breach of any provision contained herein, or the breacl gof.any provision of the Declaration, shall give the Board of Directors the right, in addition to any other righterset forth in these Bylaws: (a) To enter the Lot in which or asp to"wluch'such violation or breach exists and to similarly abate and remove, at the expenseof 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 Boa:nf Directors shallnot thereby be deemed guilty in any manner of trespass; or • (b) To enjoin, abate or remedy by appropriate legal proceedings, either at 410 law or in equity, the• continuance of any}such 7. Accounting. (a) The lbooks .anc accounts of the Association shall be kept in accordance with generally accepted procedures under the direction of the treasurer. (b) At, the closeR`af each fiscal year, the books and records of the Board Directors shall''be: audited%:by':a'certified public accountant if requested by a Majority of tfie. members ill* Association. The Association shall provide for an annual unaadfed independeit.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 Declaration of Covenants, Conditions and Restrictions Toscanna Page 47 DOC. INDEX j4_/_ • • 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 Directorsshall acknowledge the amended Bylaws, setting forth the fact of the required affirmativesvote of the Lot owners and mortgagees where necessary and the amendment shall be effectiy0*on recording. 10. Severability. The provisions hereof shalt be deemed independent and severable, and the invalidity or partial invalidity or unen_.forceability of`anyone provision or portion hereof shall not affect the validity or enforceability of any other provision hereof 11. Captions. The captions herein are` iiserted only_as a matter of convenience and for reference and in no way to define, limit or descrn�be t1 a=scope of these Bylaws nor the intent of any provision hereof. 12. Effective Date. These Bylawssl ,,;take effect upon;recording of the Declaration of which they are a part. By: Print Name: Title: President Y Declaration of Covenants, Conditions and Restrictions Toscanna Page48 RECEIVED MAY 1 2 200g CITY OF YAKIMA PLANNING DIV DW. INDEX EXHECTT C Vehicle Operation RECEIVED MAY !220 CITY OF YAKIMA PLANNING DIV 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 Toscanna. Pedestrians, bicycles, golf carts or similar personal conveyances (suck s a`wheelchair) shall be granted right-of-way at all times. All owners and their guests are reguired to observe any posted signs. 3. Vehicle Washing. No vehicles may be washed on the st eets.Owners musttwash vehicles in the driveway. r;•x 4. Vehicle Parking. No home site may have more'vetiicles (motorized or non -motorized) than the number of off-street parking spaces for the lot. Parking is only permitted in the owner's'ga , ge or driveway; iioton landscaped or other areas of the lot. No vehicle shall be parked in a driveway in such a mainer; IIIflow line (gutter). No unsightly or inoperable vehiClejlikiay be parked;in an owner's driveway including those with visible tools, equipmentpr._other items that can be `.:seen, -from the street or neighbors' homes. An exception would be vehicles; used 1y maintenance pcersonnel (e.g. lawn mowing, etc.) No owner's° veli cle having vehicle::advertismg can be parked in the driveway. An own:Ws s RV may be loaded or unloaded in the street only if the Homeowners Association is advised,x`ancl parking does not exceed 2'4 (twenty-four) hours. Otherwise, no street parking is allowed. at the vehicle would extend past the • Service or delivery personnel. whose vehicles may not fit in the driveway may temporarily park in the street. Declaration of Covenants, Conditions and Restrictions Toscanna Page 49 DOC. INDEX 8 i-1 1 PET AGREEMENT litcEIVED MAY 1 2 2009 PTY OF LANNING OIVH Registration is required before an owner may keep pets at Toscanna. Permission will be given under the following conditions. Violation of any of these rules is cause for revoking permission to keepa pet. See SEPARATE FORM FOR SIGNATURE 1. Type and Number. Only domestic animals are permitted in Toscanna;°;Owners may have no more than three (3) neutered or spayed pets. No fowl (such as chickens'oii pigeons), monkeys, snakes, reptiles, or other unusual animals are allowed. Toscanna:Home Owner Association 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 of all tines while outsdexthe confines of an owner's home or fenced yard. Pets are not permitt4iii the clubhouse (even if cat Yed),,,nor will pets be permitted to invade the privacy of anyone's liomesite. The: Homeowners Association is authorized to remove any pet that is loose and unattended -t in aminal shelter and any associated impound fee will be at owner's expense. 3. Disturbance. Pets will not be allowed toI:caiselany disturbance.?vhich might annoy neighbors. If a pet causes any disturbance, annoyance or har , u i as barking• ; growling, biting, or any other unusual noises or damages which will ``tinreasonab]y4annoy or:3cause harm to the community,a neighbor, or his/her roe gi gh y r property, rty, p "" "ernuss> on to leepte pet may be revoked. .TtY . . 4 t . 4. Guest's Pets. Guestswho bringpets into Toscagna shalt also be bound by this Pet Agreement. All guests' pets must'lie�%egisteredbefore they are -permitted to enter Toscana. 5. Owner Responsibility. Owner'isresponsible_:for any damage caused by their pet(s). Any pet waste must�be picked p _immediately and disposed of in an appropriate manner. 6. PetWeight. Each pet mustrweigh f9ty(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 rerna�iii if all other pet I les are obeyed -until the pet is given away or passes on. A similar pet cannot theibebrought .4T�. 7. Additional Pets. Pali -nth -ion is granted only for the pets listed as part of this agreement. Written permission anti;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 of Covenants, Conditions and Restrictions Toscana Page 50 DOC. INDEX D �.� • • • 9. Disabled Owners. Nothing contained within this Pet Agreement shall prevent owners from receiving special consideration and accommodation for service animals. RECEIVED MAY 1 2 2009 ary OF YAKIMA PLANNING DIV. STATE OF WASHINGTON) )ss. COUNTY OF I certify that I know or have satisfactory evidenceaat is the person who appeared before me, and that oison acknowledged signing this instrument, on oath stated their authority to execute the instrtilii:10:71ac7:777it as the authorized agent of the party on behalf of whom instrument was 6ite0.154,to be the free and voluntary act of such party for the uses and purposes mentioned in4he instrAii*Ot.._. -- SUBSCRIBED and SWORN to before Me this day of , 2009. •=:'77,-;(.-.7 NOTARY PUBLIC in and for the State Of---Vashington, residing at My Commission expires: Declaration of Covenants, Conditions and Restrictions Toscanna Page 51 DOC. INDEX g APPENDIX "A" To Whom it may Concern: ENGINEERING & SURVEYING BRADLEY J. CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, EIT August 14, 2008 LOUIE W. W ISHERT, JR., PtS RICHARD L WEHR, KS JOSEPH W. BAKER. PLS RECEIVED, MAY I 1 2009 CITY OF YA(IMA KANN DIV Soils in the proposed Toscana development west of40m Avenue and north of Fngiewood Avenue are cohesionless and non -plastic. Such soils are stable on slopes of 2 horizontal tQ 1 vertical or flatter. 'EXE 2.,.(/ pita 7 Sincerely, Brad Card, P.E. Principal Engineer 1120 West Lincoln Avenue • Yakima, Washington 98902 • (50) 575-6990 • FAX (5R1575-6993 INDEX • niI. B - • • APPENll1X "ts" ENGINEERING & SURVEYING 410 To Whom it May Concern: NIADIFYI. CARD. P.E. DOUG KUHN, PL scan-GARIAND, ET LOUIE W. WISHED JR., PLS RICHARD L WEHR, PIS JOSEPH W. BAITER, PLS August 26, 2008 RECEIVED MAY 1 1 2009 CITY OF YAKIMH PLANNING DIV. The possible presence of non -leachable lead and arsenic mentioned in the Environmental Site Assessment for the Delmar Pearson property located in the virinity of North 40th and Englewood Avenues in Yakima, Washington is also true of all the old orchard land in Yakima Cov.nty. BCjc `EXPIRES 2,/,75.46 r Sincerely, Brad Card, P.E. Principal Engineer DOC. INDEX 411S 1.1_q 1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993 APPENDIX "C" I 9 • HEATH & ASSOCIATES, INC. 0 Transportation and Civil Engineering TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS YAKIMA, WA Prepared for: Keith Basham Toscana Development 12419 172nd St E NN103 Puyallup, WA 98374 May 2009 2214 Tacoma Road • Puyallup, WA 98371 • (253) 770-1401 • Fax (253) 770-1473 RECEI MAY 1 1 2009 CITY OF YEA PLANNING civ DOC. INDEX 0 I1-3 TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS TABLE OF CONTENTS I. Introduction 3 II. Project Description 3 III. Existing Conditions 3 IV. Forecasted Traffic Demand 19 V. Summary & Mitigation 16 Appendix LIST OF TABLES 1. Existing Level of Service 9 • 2. Project Trip Generation 11 3. Future 2012 Level of Service 15 • LIST OF FIGURES 1. Vicinity Map & Roadway System 4 2. Site Plan 5 3. Existing PM Peak Hour Volumes 8 4. Trip Distribution & Assignment 12 5. 2012 PM Peak Hour Volumes Without Project 13 6. 2012 PM Peak Hour Volumes With Project 14 2 DOC. INDEX 0 0 0 • • TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS I. INTRODUCTION This study serves to examine traffic impacts related to the Toscana Development residential project. The main goals of this study concentrate on assessing existing roadway conditions and intersection congestion, forecasting newly generated project traffic, and estimating future delays. The first task includes the collection of roadway information, road improvement information, and peak hour traffic counts. Next, a detailed level of service analysis of the existing volumes is made to determine the present degree of congestion on the network. Based on this analysis,forecasts of future traffic levels on the surrounding street system are determined. Following this forecast, the future service levels for the key intersections are investigated. As a final step, applicable conclusions and possible on-site/off-site mitigation measures are defined and addressed. L PROJECT DESCRIPTION The proposed Toscana Development project consists of 66 single family attached housing units. The dwelling units will be attached in pairs for a total of 33 buildings. The site is located on Castlevale Road across from the Seattle Slew Run intersection. Access to the project will be provided by a full access on Castlevale Road with a possible second access to Kern Road. Land uses surrounding the site are primarily residential with some commercial areas located further south and east. Development forecasts estimate a project completion date of 2012 which is therefore the horizon year for analysis purposes. Figure 1 on the following page shows the site location and roadway system. The proposed site plan is given in Figure 2. III. EXISTING CONDITIONS A. Surrounding Street Network The street network serving the proposed project consists of a variety of roadways. Streets near the site mainly consist of two-lane and multi -lane arterials. Defining characteristics for these roadways vary with respect to lane widths, grades, speeds, and function. Differences are based on specific roadway designations and proximity to major employment areas. The primary roadways are described on page 6. 3 DOC. INDEX # H-3 z ENGLEWOOD AVENUE tu W LINCOLN AVENUE z z O z 5UMMITVIEW AVENUE TOSCANA DEVELOPMENT lAk HEATH & ASSOCIATES, INC VICINITY MAP * ROADWAY 5Y5TEM Transportation and Civil Engineering • FIGURE I DOC. INDEX # H-3 TOSCANA DEVELOPMENT Ak HEATH & ASSOCIATES, INC Transportation and Civil Engineering 5JTE PLAN FIGURE 2 DOC. INDEX # H-3 • • • North 40th Avenue is a north -south, multi -lane arterial that lies to the east of the project. The posted speed limit is 35 mph. Pavement surfacing is asphalt concrete and lane widths are typically 12 feet. Along most of the roadway edge treatment consists of curb, gutter, and sidewalk. The grade of the road ranges from 0 to 5 percent. Left turn lanes are provided at major intersections. Summitview Avenue is an east -west, multi -lane arterial that lies to the south of the project. Lane widths are 12 feet and the posted speed limit is 30 mph. Paving is asphalt concrete and curb, gutter, and sidewalk define the roadway edge. The grades along the road are mild and range from 0 to 4 percent. Englewood Avenue is an east -west, two-lane roadway that lies to the south of the project. The posted speed limit along the roadway is 30 mph. Lane widths are around 12 feet and the road has curb and gutter: Sidewalks}are provided along some segments. Pavement surfacing consists of asphalt concrete. Grades range from 0 to 4 percent. Kern Way is an east -west roadway that borders the southeast corner of the project. Lane widths are around 11 feet and the roadway consists of 2 lanes. Shoulders are typically grass and/or gravel. The posted speed limit 20 mph. Grades along the road are minor and range from 2 to 4 percent. Castlevale Road is primarily an east -west, multi -lane roadway and provides access from the east side of the site. The posted speed limit is 25 mph. Adjacent to the road are curb and gutter with some areas providing sidewalks. Lane widths are typically 12 feet and the road is paved with asphalt. The grade along the road varies from 0 to 7 percent. Fechter Road is an east -west, two-lane roadway that borders the north edge of the project with a posted speed limit of 25 mph. Lane widths are generally 12 feet and the roadway consists of asphalt concrete. Shoulders are curb and gutter. Grades range from 0 to 4 percent. B. Roadway Improvements A review of the City of Yakima comprehensive plan shows no projects are currently planned in the immediate vicinity of the project. 6 DOC. INDEX # H-3 0 0 0 • i i C. Peak Hour Volumes Field data for this study was collected in February of 2008. Traffic counts were taken during the evening peak period between the hours of 4 PM and 6 PM. This specific peak period was targeted for analysis purposes since it generally represents a worst case scenario for residential areas with respect to traffic conditions. This is primarily due to the common 8 AM to 5 PM work schedule and the greater number of recreation/shopping trips associated with the early evening period. Commuters generally travel from home to work (or vice versa) in the morning and evening which translates to a natural peak in intersection traffic loads when combined with the relatively large number of evening personal and retail trips. Figure 3 on the following page shows the weekday PM peak hour volumes for the key intersections of 40th Avenue& Summitview Avenue, 40th Avenue & Englewood Avenue, 40th Avenue & Kern Way, 40th Avenue & Castlevale Road, and Castlevale Road & Fechter Road. D. Existing Level of Service Existing peak hour delays were determined through the use of the Highway Capacity Manual 2000. Capacity analysis is used to determine level of service (LOS) which is an established measure of congestion for transportation facilities. LOS is defined for a variety of facilities including intersections, freeways, arterials, etc. A complete definition of level of service and related criteria can be found in the HCM. The methodology for determining the LOS at signalized intersections strives to determine the volume to capacity (vf) ratios for the various intersection movements as well as the average control delay for those movements. Delay is generally used to measure the degree of driver discomfort, frustration, fuel consumption, and lost time. Control delay, in particular, includes movements at slower speeds and stops on intersection approaches as vehicles move up in queue position or slow down upstream of an intersection. Aside from the overall quantity of traffic, three specific factors influence signalized intersection LOS. These include the type of signal operation provided, the signal phasing pattem, and the specific allocation of green time. The methodology for determining the LOS at unsignalized intersections strives to determine the potential capacities for the various vehicle movements and ultimately determines the average total delay for each movement. Potential Capacity represents the number of additional vehicles that could effectively utilize a particular movement, which is essentially the equivalent of the difference between the movement capacity and the existing movement volume. Total delay is described as the elapsed time from when a vehicle stops at the end of a queue until the vehicle departs from the stop line. Average total delay is simply the mean total delay over the entire stream. A number of factors influence potential capacity and total delay including the availability/usefulness of gaps. 7 DOC. INDEX # H-3 40 960 20 27311 80 2-10. e---3 20� rtof—a2 32 974 12 RIVER ROAD ENGLEWOOD AVENUE W LINCOLN AVENUE 2 L 2 10 1047 22 2_4011 63 O— D a--0 4 � � roof-15 oof—IS 16 960 33 SUMMITVIEW AVENUE TOSCANA DEVELOPMENT Ai HEATH & ASSOCIATES, INC Transportation and Civil Engineering • EXISTING PM PEAK HOUR VOLUMES FIGURE 3 DOC..INDEX # A-3 • The range for intersection level of service is LOS A to LOS F with the former indicating the best operating conditions with low control delays and the latter indicating the worst conditions with heavy control delays. Detailed descriptions of intersection LOS are given in the 2000 Highway Capacity Manual. LOS results for the key intersections can be found in Table 1. Level of service calculations were made through the use of the automated intersection analysis programs known as Signal -2000 and HCS -2000. These programs follow Chapters 16 and 17 procedures of the HCM for signalized and unsignalized intersection analysis. TABLE 1 Existing Level of Service Delays Given In Seconds Per Vehicle Intersection Control Geometry LOS Delay 40th Ave/Summitview Signal Southbound E 67.5 Westbound E 72.1 Northbound E 55.2 Eastbound E 63.0 Overall E 64.6 40th Ave/Englewood Signal Southbound C 25.3 Westbound C 25.8 Northbound C 21.9 Eastbound C 24.9 Overall C 24.2 40th Ave/Kern Stop Westbound E 43.9 Eastbound E 42.1 Northbound B 11.1 Southbound B 10.8 40th Ave/Castlevale Signal Southbound D 38.2 Westbound D 39.9 Northbound C 34.4 Eastbound D 38.5 Overall D 36.7 CastlevalelFechter Stop Westbound A 9.2 Southbound A 7.4 As shown in the table, delays are generally moderate to capacity and range from LOS A to LOS E. The intersection of 40th Avenue & Summitview currently operates at LOS E indicating substantial traffic. The intersection is currently signalized with a high order of development. 9 DOC. INDEX # H-3 • • E. Non -Motorist Traffic Field observations during the PM peak hour indicate mild to moderate pedestrian activity along 40th Avenue. Based on the location and nature of the proposed development, minor pedestrian and bicycle traffic may be expected near the site. No significant conflicts between motorist and non -motorist traffic (i.e. vehicle/pedestrian and vehicle/bicycle) are anticipated near the site or at the outlying intersections. Off-site mitigation for non -motorized trips would not likely be required for this project though provision of sidewalks along the project frontage will facilitate pedestrian movement. F. Transit Service A review of the Yakima Transit service map shows that routes 3, 4, 7, and 9 travel along 40th Avenue and provide stops near the project. All four routes connect to the Yakima transit station and service is provided between 6:15 AM to 6:45 PM. Given the nature of the development and the location of bus stops a small number of project residents may use public transportation. G. Sight Distance at Access Driveways Examinations of the site access was made to determine whether adequate entering and stopping sight distance is provided for inbound and outbound project traffic. According to the AASHTO "Green Book", a minimum entering sight distance for a 25 mph design speed would be 280 feet. Horizontal curvature is the limiting factor in either direction along Castlevale Road. Sight distance should be adequate at the project access with over 300 feet available to the north and around 290 feet available to the south. The project should assure that sight distance is available at the project access during the design process. IV FORECASTED TRAFFIC DEMAND A. Trip Generation Trip generation is used to determine the magnitude of project impacts on the surrounding street system. The trip generation data for the project was taken from the Institute of Transportation Engineer's publication Trip Generation, Eighth Edition. The designated land use for this project is defined as Single Family Detached Housing (LUC 210). The project will actually have the dwelling units attached in pairs. This land use code was selected because it is the closet representation of what will be constructed on site. ITE fitted equations were used. A summary of this data is given in Table 2 on the following page. Included are average daily traffic and AM and PM peak hour volumes. 10 DOC. INDEX # 11-3 • O TABLE fl Project Trip Generation 66 Single Family Units Time Period Volume AWDT 709 vpd AM Peak Inbound 14 vph AM Peak Outbound 42 vph AM Peak Total • 56 vph PM Peak Inbound 46 vph PM Peak Outbound 27 vph PM Peak Total 73 vph B. Trip Assignment and Distribution The destination and origination of future project traffic determines how vehicles at the site driveway and nearby major intersections will distribute to and from outlying areas. The trip assignment and distribution scheme developed for this project was used to determine the specific paths of travel for project traffic traveling to and from the site. Primary trips generated by the project are expected to follow the general trip pattern as shown in Figure 4 on the following page. Distribution percentages were based primarily on existing traffic patterns. C. Future Traffic Volumes With and Without the Project The owners of the project anticipate a completion date for the build out and occupation of this project by 2012. Future 2012 traffic volumes without the project were derived by applying a 2.0 percent annual growth rate to the volumes of Figure 3. This rate is based on historical growth that the area has experienced. Figure 5 represents 2012 traffic without the project (background growth) while Figure 6 represents. 2012 traffic with Toscana Development project traffic added. 11 DOC. IDEX # H-3 CASTLEVAI.E ROAD 896 ENGLEWOOD AVENUE O 14 0 03t1 O 41-0 C"r4-1 roof -0 O 23 0 5UMMITVIEW AVENUE O-4*, d-0 0 0 2I 0 NEW PM PEAK HOUR TRIPS INBOUND: 46 VPH OUTBOUND: 27 VPN TOSCANA DEVELOPMENT HEATH & ASSOCIATES, INC TRIP DISTRIBUTION t ASSIGNMENT Transportation and Civil Engineering FIGURE 4 DOC. IDEX # 11-3 N 42 1019 21 2J I 35 2-6* 4-3 Z1� t 14-45 34 1034 13 RIVER ROAD RRA, F 604, ENGLEWOOD AVENUE W UNCOLN AVENUE 1- 41`)1'I 1 1 1 1 23 2J67 0--111* 4-0 116 ro- 17 1019 35 SUMMITVtEW AVENUE 438 579 119 j 117 3+661-112 328-* 4-610 133-341 1 Q 14-67 j 2+0 683 48 TOSCANA DEVELOPMENT 819 25 174 39 4---244 4.6416 HEATH & ASSOCIATES, INC 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT Transportation and Civil Engineering FIGURE 5 1/11 2' DOC. INDEX # H-3 __ C3 1019 21 4i_44-1 1 05 2—fis-3 K1t/' r :r\\ RIVER ROAD CASTLEVALE ROAD ENGLEWOOD AVENUE SUMMITVIEW AVENUE 440 506 121 LIIL 320-461 20 115 320 d -6I0 TOSCANA DEVELOPMENT 4046 HEATH & ASSOCIATES, INC 2012 PM PEAK HOUR VOLUMES WITH PROJECT Transportation and Civil Engineering FIGURE 6 • DOC. INDEX # H-3 • 1 D. Future LOS With and Without the Project A level of service analysis was next made of the peak hour volumes with project generated trips applied. This analysis again used the Signal -2000 and HCS -2000 intersection analysis programs. Level of service results and accompanying approach delays are shown in Table 3. These results reflect 2012 future traffic conditions with and without project trips added to the street system. TABLE 3 Future 2012 Level of Service Delays given in seconds per vehicle Without Project With Project Intersection Control Geometry LOS Delay LOS Delay 40th/Summitview Signal Southbound F 83.1 F 85.4 Westbound F 87.8 F 90.3 Northbound E 59.9 E 60.7 Eastbound E 70.3 E 71.2 Overall E 75.8 E 77.5 40th/Engelwood Signal Southbound C 27.0 C 27.2 Westbound C 26.8 C 27.1 Northbound C 22.8 C 23.0 Eastbound C 28.1 C 28.8 Overall C 25.6 C 25.9 40th/Kern Stop Westbound F 64.1 F 69.5 Eastbound F 52.3 F 54.9 Northbound B 11.5 B 11.6 Southbound B 11.1 B 11.3 40th/Castlevale Signal Southbound C 34.3 D 38.4 Westbound D 44.0 D 44.4 Northbound C 30.7 C 29.9 Eastbound D 40.8 D 42.1 Overall C 33.5 D 35.1 Castlevale/Fechter Stop Westbound A 9.2 A 9.2 Southbound A 7.4 A 7.4 Castlevale/Entrance Stop " Eastbound A 8.6 Northbound A 7.3 As shown in the table, future 2012 delays are expected to be moderate to heavy with some intersections having experiencing LOS F in some directions. The analysis shows that project traffic would not create a significant impact on delays and LOS. The two intersections that are expected to experience LOS F delays will have these delays with or without project traffic. 15 DOC. INDEX # H-3 • The 40th Avenue & Summitview intersection is expected to have the highest delays. These delays are due in part to large volumes in general, but specifically large turning movements for all four legs of traffic. Project traffic only accounts for 0.8 percent of the total traffic at the intersection and the highest increase in delay associated with project traffic is only 2.5 seconds for any given leg of the intersection. All traffic is assumed to use the Castlevale entrance as some limitations could be implemented at the Kern access. E. Left Turn Lane Warrants Left turn lanes are a means of providing necessary storage space for left turning vehicles at intersections. There is currently a two-way left tum lane that is available for Toscana traffic, therefore no analysis was required. V. SUMMARY & MITIGATION The Toscana Development project will add 66 attached single family dwelling units to the City of Yakima. The project is located across from the Castlevale Road & Seattle Slew Run intersection. During the PM peak hour, the project may be expected to generate 73 trips. Roughly 709 daily trips would be generated by the project. Current delays for the key intersections are generally mild to moderate. Pedestrian traffic is not expected to have any significant impact an vehicular traffic. Transit service is provided along 40th Avenue. The project will have one access onto Castlevale Road and adequate sight distance appears to be available. The proposed access to Kem is proposed to have limitations as to traffic movements. A two-way left turn lane is available across the project entrance. Future delays are shown in Table 3. For future 2012 traffic volumes high delays up to LOS F may be expected. The increase in delays caused by project traffic, however, are nominal. Project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. 16 DOC. INDEX # H-3 e 0 • TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS APPENDIX , • 17 DOC. INDEX # LEVEL OF SERVICE • • • The following are excerpts from the 2000 Highway Capacity Manual - Transportation Research Board Special Report 209. Quality of service requires quantitative measures to characterize operational conditions within a traffic stream. Level of service (LOS) is a quality measure describing operational conditions within a traffic stream, generally in terms of such service measures as speed and travel time, freedom to maneuver, traffic interruptions, and comfort and convenience. Six LOS are defined for each type of facility that has analysis procedures available. Letters designate each level, from A to F, with LOS A representing the best operating conditions and LOS F the worst. Each level of service represents a range of operating conditions and the driver's perception of those conditions. Level -of -Service definitions The following definitions generally define the various levels of service for arterials. Level of service A represents primarily free-flow operations at average travel speeds, usually about 90 percent of the free-flow speed for the arterial classification. Vehicles are seldom impeded in their ability to maneuver in the traffic stream. Delay at signalized intersections is minimal. Level of service B represents reasonably unimpeded operations at average travel speeds, usually about 70 percent of the free-flow speed for the arterial classification. The ability to maneuver in the traffic stream is only slightly restricted and delays are not bothersome. Level of service C represents stable operations; however, ability to maneuver and change lanes in midblock locations may be more restricted than in LOS B, and longer queues, adverse signal coordination, or both may contribute to lower average travel speeds of about 50 percent of the average free-flow speed for the arterial classification. Level of service D borders on a range in which small increases in flow may cause substantial increases in approach delay and hence decreases in arterial speed. LOS D may be due to adverse signal progression, inappropriate signal timing, high volumes, or some combination of these. Average travel speeds are about 40 percent of free-flow speed. Level of service E is characterized by significant delays and average travel speeds of one- third the free-flow speed or less. Such operations are caused by some combination of adverse progression, high signal density, high volumes, extensive delays at critical intersections, and inappropriate signal timing. 18 DOC. INDEX # H-3 1 Level of service F characterizes arterial flow at ex Indy low speeds, from less than one- third to one-quarter of the free-flow speed. Intersection congestion is likely at critical signalized locations, with long delays and extensive queuing. These definitions are general and conceptual in nature, and they apply primarily to uninterrupted flow. Levels of service for interrupted flow facilities vary widely in terms of both the user's perception of service quality and the operational variables used to describe them. For each type of facility, levels of service are defined based on one or more operational parameters that best describe operating quality for the subject facility type. While the concept of level of service attempts to address a wide range of operating conditions, limitations on data collection and availability make it impractical to treat the full range of operational parameters for every type of facility. The parameters ielected to define levels of service for each facility type are called "measures of effectiveness" or "MOE's", and represent available measures that best describe the quality of operation on the subject facility type. Each level of service represents a range of conditions, as defined by a range in the parameters given. Thus, a level of service is not a discrete condition, but rather a range of conditions for which boundaries are established. The following tables describe levels of service for signalized and unsignalized intersections. Level of service for signalized intersections is defined in terms of average control delay. Delay is a measure of driver discomfort, frustration, fuel consumption and lost travel time, as well as time from movements at slower speeds and stops on intersection approaches as vehicles move up in queue position or slow down upstream of an intersection. Level of service for unsignalized intersections is determined by the computed or measured control delay and is determined for each minor movement. Signalized Intersections - Level of Service Control Delay per Level of Service Vehicle (sec) A 5.10 B >10and <_20 C >20 and 5535 D >35and 5_55 E >55and 5580 F >80 19 DOC. INDEX # A-3 • Unsignalized Intersections - Level of Service Average Total Delay Level of Service per Vehicle (sec) A 55.10 B >10and 515 C >15and 5_25 D > 25 and 5.35 E >35and5_50 F >50 As described in the 2000 Highway Capacity Manual, level of service breakpoints for, all - way stop controlled (AWSC) intersections are somewhat different than the criteria used for signalized intersections. The primary reason for this difference is that drivers expect different levels of performance from distinct kinds of transportation facilities. The expectation is that a signalized intersection is designed to carry higher traffic volumes than an AWSC intersection. Thus a higher level of control delay is acceptable at a signalized intersection for the same level of service. AWSC Intersections - Level of Service Average Total Delay Level of Service per Vehicle (sec) A 510 B >10and 515 C >15and 5_25 D >25and 535 E >35 and 550 F > 50 20 0 • DOC. INDEX # H-3 Summary of Trip Generation Calculation illFor 66 Dwelling Units of Single Family Detached Housing April 17, 2009 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total AM Pk Hr, AM Pk Hr, AM Pk Hr, PM Pk Hr, PM Pk Hr, PM Pk Hr, Generator, Enter Generator, Exit Generator,,Tatal. Generator, Enter Generator, Exit Generator, Total Saturday 2 -Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total Sunday 2 -Way Volume Sunday Peak Hour Enter Sunday Peak Hour Exit Sunday Peak Hour Total 10.75 0.21 0.64 0.85 0.69 0.41 1.10 0.23 0.66 0.89 0.72 0.40 1.12 10.81 0.55 0.49 1.03 8.64 0.52 0.46 0.97 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00- 0.00 Note: A zero indicates no data available. The above rates were calculated from these 24 -Hr. 2 -Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: equations: 1.00 709 1.00 14 1.00 42 1.00 56 1.00 46 1.00 27 1.00 1.00 15 1.00 43 1.00 59 1.00 47 1.00 27 1.00 74 1.00 713 1.00 36 1.00 32 1.00 68 1.00 570 1.00 34 1.00 30 1.00 64 LN(T) = .92LN(X) + 2.71, R^2 = 0.96 T = .7(X) + 9.74 R^2 = 0.89 , 0.25 Enter, 0.75 Exit LN(T) = .9LN(X) + .51 R^2 = 0.91 , 0.63 Enter, 0.37 Exit T = .7(X) + 12.37 R^2 = 0.89 , 0.26 Enter, 0.74 Exit LN(T) = .88LN(X) + .62 R^2 = 0.91 , 0.64 Enter, 0.36 Exit LN(T) = .95LN(X) + 2.59, R^2 = 0.92 T = .89(X) + 9.56 R^2 = 0.91 , 0.53 Enter, 0.47 Exit T = 8.84(X) + -13.31, R^2 = 0.94 LN(T) = .91LN(X) + .35 R^2 = 0.87 , 0.53 Enter, 0.47 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS DOC. INDEX # A-3 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name : untitl Site Code : 0000 Start Date : 2111/20 8 Page No : 1 • 05:00 PM 107 156 26 05:15 PM 105 131 35 05:30 PM 103 145 22 05:45 PM 91 135 19 Total 406 567 102 Grand Total 783 1126 209 Apprch % 37.0 53.2 9.9 Total % 12.0 17.2 3.2 23 154 12 28 193 22 23 110 16 16 : 88 12 90 545 62 13 170 56 10 133 46 9 155 46 7 110 35 39 568 183 32 74 69 22 89 81 29 84 53 -28 87 62 111 334 265 178 1019 123 81 1203 374 232 652 559 13.5 77.2 9.3 4.9 72.6 22.6 16.1 45.2 38.7 2.7 15.6 1.9 1.2 18.4 5.7 3.5 10.0 8.5 40TH AVE N Old In Tate) 1 21181 1 7831 11261 2091 1 L 1 19401 1 40581 42/11/2008 4:00:00 PM 7/11/2008 5:45:00 PM Lbeshifted 41 T r Let Thru Right 1 3741 1203) 811 1 16581 Old In Tafel 4071LAME N 31391 till_ r55. u] im: c 0 im 892 895 795 - 390 3272 DOC. DID" # S-3 6539 0 e 40TH AVE N Southbound SUMMITVIEW AVE Westbound 40TH AVE N Northbound SUMMITVIEW AVE Eastbound Start Tense Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 - 1.0 1.0 LO - 1.0 1.0 1.0 1.0 1.0 1.0 • 1.0 04:00 PM 79 147 26 18 128 18 9 155 59 27 83 71 820 04:15 PM 97 153 30 15 118 14 11 139 36 23 89 75 800 04:30 PM 85 125 20 24 133 11 8 163 41 45 80 79 814 04:45 PM 116 134 31 31 95 18 14 178 55 26 66 69 833 Total 377 559 107 88 474 61 42 635 191 121 318 294 3267 • 05:00 PM 107 156 26 05:15 PM 105 131 35 05:30 PM 103 145 22 05:45 PM 91 135 19 Total 406 567 102 Grand Total 783 1126 209 Apprch % 37.0 53.2 9.9 Total % 12.0 17.2 3.2 23 154 12 28 193 22 23 110 16 16 : 88 12 90 545 62 13 170 56 10 133 46 9 155 46 7 110 35 39 568 183 32 74 69 22 89 81 29 84 53 -28 87 62 111 334 265 178 1019 123 81 1203 374 232 652 559 13.5 77.2 9.3 4.9 72.6 22.6 16.1 45.2 38.7 2.7 15.6 1.9 1.2 18.4 5.7 3.5 10.0 8.5 40TH AVE N Old In Tate) 1 21181 1 7831 11261 2091 1 L 1 19401 1 40581 42/11/2008 4:00:00 PM 7/11/2008 5:45:00 PM Lbeshifted 41 T r Let Thru Right 1 3741 1203) 811 1 16581 Old In Tafel 4071LAME N 31391 till_ r55. u] im: c 0 im 892 895 795 - 390 3272 DOC. DID" # S-3 6539 0 e • Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitled 1 :00002937 : 2/11/2008 :2 40TH AVE N SUMMITVIEW AVE Southbo 40TH AVE N SUMMITVIEW AVE Start Time c D.I, IA—Cr......, Right nA•nn Thru oI! ,.. Left�� fl [MA 1121......L.c•AC 1121......L.4 Right _t Thru Left TAM' Right 1111 .0..1164 Thru I_ Left APP. Total Right r Thru wuuflu Left APP. Total Int Total Intersection 04:30 PM Volume 413 546 112 1071 Percent 38.6 51.0 10.5 05.15 105 131 35 271 Volume Peak Factor High Int 05:00 PM Volume 107 156 26 289 Peak Factor 0.926 1 106 575 63 744 14.2 77.3 8.5 28 193 22 243 05:15 PM 28 193 22 243 0.765 45 644 198 887 5.1 72.6 22.3 10 133 46 189 04:45 PM 14 178 55 247 0.898 125 309 298 17.1 42.2 40.7 22 89 81 732 192 04:30 PM 45 80 79 204 0.897 Kos 8 7 N 40711 AVE N Out In Total 1 10711 1 I 4131_ 548f 1121 `t 1 L, 1104x1 121191 1 2/11/2008 4:30:00 PM 2/1112008 5:15:00 PM UnSIfiRCd Left Thru Right 1 1981 8441 451 I aril Out In Total 407)4 AVE N f1 L 18211 DOC. INDEX # H-3 3434 895 0.959 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 Grou File Name Site Code Start Date Page No : untitle : 000021. : 2/11/2008 :1 • 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 57 57 58 39 211 417 21.4 8.3 217 186 157 160 720 1483 76.2 29.5 5 8 2 2 17 46 2.4 0.9 8 7 10 1 28 64 9.0 1.3 76 54 57 27 36 30 30 21 199 132 367 51.7 7.3 279 39.3 5.6 21 17 23 14 75 161 9.1 3.2 218 202 168 139 727 1464 82.4 29.2 16 34 13 '2C 83 151 8.5 3.0 10 7 14 8 39 77 13.1 1.5 18 25 13 21 77 178 30.2 3.5 10 co C m N 40 Out In Tote! 1 19481 1 1 4171 14831 11461 4 1j Y 1 1 18631 i38091 T 2H1/20084:00310 PM 2/11/ 5:45.110 PM Unshilted 4 1 r 1511 14841 1511 i 1 saris 117761 s 40 AVE N• a 2 N 0 46 43 34 47 170 335 56.8 6.7 DOC. INDEX # H-3 746 670 558 502 2476 5022 • O 40 AVE N Southbound ENGLEWOOD AVE Westbound 40 AVE N Northbound ENGLEWOOD AVE Eastbound Start Time Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 45 181 10 9 37 50 33 158 14 8 31 49 625 04:15 PM 57 213 8 7 34 27 19 173 9 9 23 41 620 04:30 PM 50 178 4 11 48 37 16 208 21 6 21 36 636 04:45 PM 54 191 7 11 49 33 18 198 24 15 26 39 665 Total 206 763 29 38 168 147 86 737 68 38 101 165 2546 • 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 57 57 58 39 211 417 21.4 8.3 217 186 157 160 720 1483 76.2 29.5 5 8 2 2 17 46 2.4 0.9 8 7 10 1 28 64 9.0 1.3 76 54 57 27 36 30 30 21 199 132 367 51.7 7.3 279 39.3 5.6 21 17 23 14 75 161 9.1 3.2 218 202 168 139 727 1464 82.4 29.2 16 34 13 '2C 83 151 8.5 3.0 10 7 14 8 39 77 13.1 1.5 18 25 13 21 77 178 30.2 3.5 10 co C m N 40 Out In Tote! 1 19481 1 1 4171 14831 11461 4 1j Y 1 1 18631 i38091 T 2H1/20084:00310 PM 2/11/ 5:45.110 PM Unshilted 4 1 r 1511 14841 1511 i 1 saris 117761 s 40 AVE N• a 2 N 0 46 43 34 47 170 335 56.8 6.7 DOC. INDEX # H-3 746 670 558 502 2476 5022 • O • Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitled 1 :00002937 : 2/11/2008 :2 Intersection 04:30 PM Volume 218 772 24 1014 Percent 21.5 76.1 2.4 05:00 57 217 5 279 Volume Peak Factor High Int. 05:00 PM Volume 57 217 5 279 Peak Factor 0.909 37 230 151 418 8.9 55.0 36.1 8 76 54 138 05:00 PM 8 76 54 138 0.757 72 826 95 993 7.3 83.2 9.6 21 218 16 255 05A0 PM 21 218 16 255 0.974 38 90 164 13.0 30.8 56.2 10 18 46 292 74 04:45 PM 15 26 39 80 0.913 0 2 F z 40AVE N ON In Toth 10141 f 2181 7721 241 -1 1o27] 20411 T NL 2/11/2008 4:30::00 PM 2111/2008 5:15:00 PM Unsldfed 4-1 T r' 1 951 8261 -72f f � � 9931 O%d to Tata! 4/t AVE N 1 9611 m 2 1 V 0 resg DOC. INDEX # H-3 2717 746 0.911 40 AVE N Southbound ENGLEWOOD AVE Westbound 40 AVE N Northbound ENGLEWOOD AVE Eastbound Start Time Right Thru Left �� •Right Thru Left P- RiTotalght Thru Left* Right Thni Left Ota' Total Peak Hour From 04:00 PM to 05:45 PM - Peak 1 of 1 Intersection 04:30 PM Volume 218 772 24 1014 Percent 21.5 76.1 2.4 05:00 57 217 5 279 Volume Peak Factor High Int. 05:00 PM Volume 57 217 5 279 Peak Factor 0.909 37 230 151 418 8.9 55.0 36.1 8 76 54 138 05:00 PM 8 76 54 138 0.757 72 826 95 993 7.3 83.2 9.6 21 218 16 255 05A0 PM 21 218 16 255 0.974 38 90 164 13.0 30.8 56.2 10 18 46 292 74 04:45 PM 15 26 39 80 0.913 0 2 F z 40AVE N ON In Toth 10141 f 2181 7721 241 -1 1o27] 20411 T NL 2/11/2008 4:30::00 PM 2111/2008 5:15:00 PM Unsldfed 4-1 T r' 1 951 8261 -72f f � � 9931 O%d to Tata! 4/t AVE N 1 9611 m 2 1 V 0 resg DOC. INDEX # H-3 2717 746 0.911 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name : untitle Site Code : 0000211. Start Date : 2/11/2008 Page No : 1 05:00 PM 4 290 3 05:15 PM 1 248 4 05:30 PM 0 223 7 05:45 PM ., 2 212 2 Total 7 973 16 Grand Total 14 1966 40 Apprth % 0.7 97.3 2.0 Total % 0.3 48.4 1.0 25 0 2 7 0 5 9 2 1 10 0 1 51 2 9 100 2 27 77.5 1.6 20.9 2.5 0.0 0.7 12 260 5 14, 238 1 6 221 3 4 181 1 36 900 10 66 1808 24 3.5 95.3 1.3 1.6 44.5 0.6 2 0 0 0 1 0 1- 4 0 0 3 0 1 4 6 1 7 42.9 7.1 50.0 0.1 0.0 0.2 1- m 2 4011 AVE N Out In Total 1 20201 L 141 19661 401 :f Tr �► 1 1 19151 { 39351 North 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Unehifted r Left Thn Right 1 1241 18081 681 1 1 1898{ Out In Total 407H A1/F N { 1999J t 3m{ 4 v 0 Pa DOC. INDEX # H-3 603 521 473 415 2012 4061 • • 40TH AVE N Southbound KERN RD Westbound 40T11 AVE N Northbound KERN RD Eastbound Start Time Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 1 236 5 11 0 5 9 208 3 0 1 1 480 04:15 PM 1 271 9 14 0 6 5 209 4 1 0 2 522 04:30 PM 5 240 5 11 0 6 10 247 6 0 0 0 530 04:45 PM 0 246 5 13 0 1 6 244 1 1 0 0 517 Total 7 993 24 49 0 18 30 908 14 2 1 3 2049 05:00 PM 4 290 3 05:15 PM 1 248 4 05:30 PM 0 223 7 05:45 PM ., 2 212 2 Total 7 973 16 Grand Total 14 1966 40 Apprth % 0.7 97.3 2.0 Total % 0.3 48.4 1.0 25 0 2 7 0 5 9 2 1 10 0 1 51 2 9 100 2 27 77.5 1.6 20.9 2.5 0.0 0.7 12 260 5 14, 238 1 6 221 3 4 181 1 36 900 10 66 1808 24 3.5 95.3 1.3 1.6 44.5 0.6 2 0 0 0 1 0 1- 4 0 0 3 0 1 4 6 1 7 42.9 7.1 50.0 0.1 0.0 0.2 1- m 2 4011 AVE N Out In Total 1 20201 L 141 19661 401 :f Tr �► 1 1 19151 { 39351 North 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Unehifted r Left Thn Right 1 1241 18081 681 1 1 1898{ Out In Total 407H A1/F N { 1999J t 3m{ 4 v 0 Pa DOC. INDEX # H-3 603 521 473 415 2012 4061 • • Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitled 1 :00002937 : 2/11/2008 :2 Intersection 04:15 PM Volume 10 1047 22 1079 Percent 0.9 97.0 2.0 05:00 4 290 3 297 Volume Peak Factor High Int. 05:00 PM Volume 4 290 3 297 Peak Factor 0.908 63 0 15 80.8 0.0 19.2 25 0 2 05:00 PM 25 0 78 27 2 27 0.722 33 960 16 1009 3.3 95.1 1.6 12 260 5 277 05:00 PM 12 260 5 277 0.911 4 0 2 66.7 0.0 33.3 . 2 0 0 04:15 PM 1 1_ CD n c 40TH AVE N Out In Tors) ( 1079) 1 1 I 101 10471 221 F±trt LeLtto 1 1 10251 2/1112008 4:15..00 PM 2/11/2008 5:00:00 PM Left 'Thru Feed 1 19 1 I I 1 ( twill Out In Tote 40TH AVE N ! 10591 p tj 0 N 0 v Z 0 MI - 0 y0 6 2 2 3 0.500 DOC. INDEX # 11-3 2172 603 0.900 40Th AVE N Southbound KERN RD Westbound 40TH AVE N Northbound KERN RD Eastbound Start Time Right Thru Left APP- Rig' Right Thru Left Tpota' Right Thni Left Total Right Thru Left Total Total Peak Hour From 04:00 PM to 05:45 PM - Peak 1 of 1 Intersection 04:15 PM Volume 10 1047 22 1079 Percent 0.9 97.0 2.0 05:00 4 290 3 297 Volume Peak Factor High Int. 05:00 PM Volume 4 290 3 297 Peak Factor 0.908 63 0 15 80.8 0.0 19.2 25 0 2 05:00 PM 25 0 78 27 2 27 0.722 33 960 16 1009 3.3 95.1 1.6 12 260 5 277 05:00 PM 12 260 5 277 0.911 4 0 2 66.7 0.0 33.3 . 2 0 0 04:15 PM 1 1_ CD n c 40TH AVE N Out In Tors) ( 1079) 1 1 I 101 10471 221 F±trt LeLtto 1 1 10251 2/1112008 4:15..00 PM 2/11/2008 5:00:00 PM Left 'Thru Feed 1 19 1 I I 1 ( twill Out In Tote 40TH AVE N ! 10591 p tj 0 N 0 v Z 0 MI - 0 y0 6 2 2 3 0.500 DOC. INDEX # 11-3 2172 603 0.900 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 Groups Printed - File Name Site Code Start Date Page No : untitle : 0000AW : 2/11/2008 :1 • 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprth % Total % 8 14 7 13 42 93 4.7 2.2 263 253 212 200 928 1829 93.1 44.1 5 4 5 2 16 42 2.1 1.0 30 15 15 10- 70 137 63.7 3.3 0 0 1 0 1 6 2.8 0.1 12 7 5 4 28 72 33.5 1.7 2 273 3 250 1 216 0 186 6 925 26 1.4 0.6 40TH AVE N Out In Total 1 13] 1 1 931 18291 421 7itrLu 1 1 19781 1 39421 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Unsh fed 4, T r Left 'Mu Riele 1 571 1787f 261 1 18701 Out In Total 40TH AVE N 1 19431 1 38131 1787 95.6 43.1 3 6 4 9 22 57 3.0 1.4 1 4 0 7 12 42 42.9 1.0 0 0 0 0 0 2 2.0 0.0 9 N 0 riNg0 a 8 6 6 5 25 54 55.1 1.3 DOC. INDEX # H-3 605 562 472 435 2075 4147 A 40TH AVE N Southbound CASTLEVALE RD Westbound 40TH AVE N Northbound CASTLEVALE RD Eastbound Start Time Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 _ 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 13 202 7 20 2 14 9 202 7 8 0 6 490 04:15 PM 20 255 8 12 0 7 4 209 5 7 0 10 537 04:30 PM 7 219 8 15 1 10 4 228 18 7 0 6 523 04:45 PM 11 225 3 20 2 13 3 223 5 8 2 7 522 Total 51 901 26 67 5 44 20 862 35 30 2 29 2072 • 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprth % Total % 8 14 7 13 42 93 4.7 2.2 263 253 212 200 928 1829 93.1 44.1 5 4 5 2 16 42 2.1 1.0 30 15 15 10- 70 137 63.7 3.3 0 0 1 0 1 6 2.8 0.1 12 7 5 4 28 72 33.5 1.7 2 273 3 250 1 216 0 186 6 925 26 1.4 0.6 40TH AVE N Out In Total 1 13] 1 1 931 18291 421 7itrLu 1 1 19781 1 39421 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Unsh fed 4, T r Left 'Mu Riele 1 571 1787f 261 1 18701 Out In Total 40TH AVE N 1 19431 1 38131 1787 95.6 43.1 3 6 4 9 22 57 3.0 1.4 1 4 0 7 12 42 42.9 1.0 0 0 0 0 0 2 2.0 0.0 9 N 0 riNg0 a 8 6 6 5 25 54 55.1 1.3 DOC. INDEX # H-3 605 562 472 435 2075 4147 A Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 40TH AVE N CASTLEVALE RD File Name : untitled 1 Site Code : 00002937 Start Date : 2/11/2008 Page No : 2 40TH AVE N CASTLEVALE RD Start Time Peak Hnur Frnm Right na•nn Thru POA M Left rK•dS TAPotPai DUI _ Da n Right L s 4 1 .................... Thru Left TAotai Right 1111.1111110.71.1111.1 Thai LefttPai Right F.astoouno Thru Left %SPP• Total Int. Total intersection 04:30 PM Volume 40 960 20 1020 Percent 3.9 94.1 2.0 05:00 8 263 5 276 Volume Peak Factor High Int. 05:00 PM Volume 8 263 5 276 Peak Factor 0.924 80 3 42 125 64.0 2.4 33.6 30 0 12 42 05:00 PM 30 0 12 42 0.744 12 974 32 1018 1.2 95.7 3.1 2 273 3 278 05:00 PM 2 273 3 278 0.915 20 2 27 49 40.8 4.1 55.1 1 0 8 9 04:45 PM 8 2 7 17 0.721 Er 40Th AVE N Out In Tale) 111 1 401 0601 1201 4 1 L ( 1081( 1 21011 T 2/1 11200 8 4:30:00 PM 2/11/2008 5:15.'00 PM Uraddfted 4 2 2 0 W N N twD 0 sa 6 DOC. INDEX # H-3 2212 605 0.914 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name : untitl Site Code : 0000 Start Date : 2/11/2 Page No : 1 05:00 PM 05:15 PM 05:30 PM 05:45 PM 0 0 0 0 Total 0 7 6 5 13 31 0 0 0 0 0 Grand Total 0 68 1 Apprch % 0.0 98.6 1.4 Total % 0.0 33.8 0.5 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 1 0 3 25.0 0.0 75.0 0.5 0.0 1.5 1 10 1 18 0 13 0 23 2 64 0 0 0 0 0 4 124 0 3.1 96.9 0.0 2.0 61.7 0.0 - CHTER RD Out In Total 1891 C1 1 1881 111 Ttuu Left 125f T 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Grasp 1 Thru RI 1 711 ,� Out In Total l CASTI FVALE Ro t 3 ea O fi DOC. INDEX # H-3 18 27 18 36 99 201 • 0 FECHTER RD Southbound FECHTER RD Westbound CASTLEVALE RD Northbound Start Tule Right Thru Left Right Thru Left Right Thru Left Int Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 0 7 0 0 0 0 2 10 0 19 04:15 PM 0 12 0 0 0 1 0 10 0 23 04:30 PM 0 7 0 0 0 0 0 23 0 30 04.45 PM 0 11 1 1 0 0 0 17 0 30 Total 0 37 1 1 0 1 2 60 0 102 05:00 PM 05:15 PM 05:30 PM 05:45 PM 0 0 0 0 Total 0 7 6 5 13 31 0 0 0 0 0 Grand Total 0 68 1 Apprch % 0.0 98.6 1.4 Total % 0.0 33.8 0.5 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 1 0 3 25.0 0.0 75.0 0.5 0.0 1.5 1 10 1 18 0 13 0 23 2 64 0 0 0 0 0 4 124 0 3.1 96.9 0.0 2.0 61.7 0.0 - CHTER RD Out In Total 1891 C1 1 1881 111 Ttuu Left 125f T 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Grasp 1 Thru RI 1 711 ,� Out In Total l CASTI FVALE Ro t 3 ea O fi DOC. INDEX # H-3 18 27 18 36 99 201 • 0 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name : untitled 1 Site Code : 00002937 Start Date : 2/11/2008 Page No : 2 FECHTER RD FECHTER RD CASTLEVALE RD Intersection 04:30 PM Volume 0 31 1 32 Percent 0.0 96.9 3.1 04:45 Volume 0 11 1 12 Peak Factor High Int. 04:45 PM Volume 0 11 1 12 Peak Factor 0.687 1 0 2 33.3 0.0 66.7 1 0 0 3 1 05:15 PM 0 0 2 2 0.375 2 68 0 70 2.9 97.1 0.0 0 17 0 17 04:30 PM 0 23 0 23 0.761 PECHTER RD Out In Torah I 321 I 1311 111 ss ( T 1011 2/11/2008 4:30:00 PM 2/11/2008 5:15:00 PMA Group 1 ( 103] Out In Total CASTLAVALE SKI DOC. INDEX # H-3 105 30 0.875 --- ............. nun umuna Start Time Right Thru Left�� •Right Thru Left' Right Thru Left APP- Int. Total Peak Hroir Fmm ne•nf DM in AS -df. One _ Oe.. . 1 ..f 1 - Total Intersection 04:30 PM Volume 0 31 1 32 Percent 0.0 96.9 3.1 04:45 Volume 0 11 1 12 Peak Factor High Int. 04:45 PM Volume 0 11 1 12 Peak Factor 0.687 1 0 2 33.3 0.0 66.7 1 0 0 3 1 05:15 PM 0 0 2 2 0.375 2 68 0 70 2.9 97.1 0.0 0 17 0 17 04:30 PM 0 23 0 23 0.761 PECHTER RD Out In Torah I 321 I 1311 111 ss ( T 1011 2/11/2008 4:30:00 PM 2/11/2008 5:15:00 PMA Group 1 ( 103] Out In Total CASTLAVALE SKI DOC. INDEX # H-3 105 30 0.875 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE & SUMMITVIEW AVENUE 09:59:09 EXISTING PM PEAK HOUR VOLUMES 410 1111 SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 Area Location Type: NONCBD I I I I I I Key: VOLUMES -- > 1 413 1 546 1 112 11 1 1 WIDTHS 1 0.0 1 24.0 1 12.0 11 1 v LANES I 0 1 2 1 1 11 I I 1 11 \ 106 0.0 0 / I \ /1\ 575 24.0 2 1 298 12.0 1 / + / 63 12.0 1 North 309 24.0 2 -- \ 1 / 125 12.0 1 \ 11 1 I I 11 198 1 644 1 45 1 Phasing: SEQUENCE 44 1 11 12.0 1 24.0 1 0.0 1 PERMSV NNNN I 11 1 1 2 1 0 1 OVERLPNNNN I 1 1 I I LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH • Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 .5 .5 .5 1.0 1.0 1.0 Pk -hr fact, PHF .93 .93 .93 .77 .77 .77 .90 .90 .90 .90 .90 .90 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0_ 0 0 0 i Grade, %G .0 0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /I\ North +> <* * * 411/C=120"1 G= 14.7" 1 G= 37.0" 1 G= 22.2" 1 G= 30.1" 1 G= 0.0" 1 G= 0.0" 1 Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 0.0" 1 Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE ISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg ar�g, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right- turn , fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s SB RT TH LT 413 546 112 .93 .93 .93 444 587 120 RT+TH LT 1031 120 .000 1.00 ..431 .000 SB RT TH LT 1900 1900 2 1 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .935 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3350 1787 WB RT TH LT 106 575 63 .77 .77 .77 138 747 82 RT+TH LT 885 82 .000 1.00 ..156 .000 WB RT TH LT 1900 1900 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .977 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3533 1805 NB RT TH LT RT 45 644 198 .90 .90 .90 50 716 220 02/26/08 09:59:09 EB TH LT 100 309 298 .90 .90 .90 111 343 331 RT+TH LT RT TH LT 766 220 111 343 331 .000 1.00 .000 .000 1.00 .065 .000 1.000.000 .000 RT NB TH EB LT RT TH LT 1900 2 1.000 .995 1.000 1.000 1.000 1.000 .952 1.000 .990 1.000 1.000 1.000 3564 1900 1 1.00 .995 1.00 1.00 1.00 1.00 1.00 .950 1.00 1.00 1.00 1.00 1796 SIGNAL2000/TEAPAC(Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, R Flow ratio, v/s rit lane group 1uzn crit v/s,tc Crit v/c, Xc SB RT TH LT RT+TH LT 1031 120 3350 1787 4.0 4.0 37.0 14.7 .308 .123 1032 219 .999 .548 .308 .067 * 0.866 .999 WB RT TH LT RT+TH LT 885 82 3533 1805 4.0 4.0 30.1 22.2 .251 .185 886 335 .999 .245 .250 .045 Total lost, L RT NB TH LT RT+TH LT 766 220 3564 1796 4.0 4.0 37.0 14.7 .308 .123 1098 220 .698 1.00 .215 .122 * 16.0 1900 1 1.000 .990 1.000 1.000 1.000 1.000 1.000 1.000 .850 1.000 1.000 1.000 1599 1900 2 1.00 .990 1.00 1.00 1.00 1.00 .952 1.00 1.00 1.00 1.00 1.00 3582 1900 1 1.00 .990 1.00 1.00 1.00 1..00 1.00 .950 1.00 1.00 1.00 1.00 1787 EB RT TH LT RT TH LT 111 343 331 1599 3582 1787 4.0 4.0 4.0 30.1 30.1 22.2 .251 .251 .185 401 898 331 .277 .382 1.00 .069 .096 .185 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE • EXISTING PM PEAR HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - 001 Capacity and LOS Worksheet Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, di 3ncr_calib, k. Incr delay, d2 Queue Delay, d3 Unif delay, dl* Frog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi SE RT TH WB LT RT TH RT+TH LT 1031 120 1032 219 .999 .548 .308 .123 41.5 49.5 .S0 .15 27.8 2.9 .0 .0 .0 .0 1.00 1.00 69.3 52.4 E D 0 0 NB LT RT TH RT+TH LT 885 82 886 335 .999 .245 .251 44.9 .50 29.9 .0 .0 1.00 74.9 E 0 .185 41.7 .11 .4 .0 .0 1.00 42.1 D+ 0 Appr delay, dA 67.5 Approach LOS E Appr flow, vA 1151 • Intersection: Delay 64.6 LOS • 72.1 E 967 E+ 02/26/08 09:59: 411 EB LT RT TH LT RT+TH LT RT TH LT 766 220 111 343 331 1098 220 401 898 331 .698 1.00 .277 .382 1.00 .308 .123 .251 .251 .185 36.6 52.6 36.2 37.3 48.9 .26 .50 .11 .11 .50 2.0 60.7 .4 .3 49.5 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 1.00 1.00 1.00 1.00 1.00 38.6 113 36.6 37.5 98.3 D+ F D+ D+ F 0 0 0 0 0 55.2 63.0 E+ E+ 986 785 e DOC. INDEX # H-3 • TOSCANA DEVELOPMENT 4111140TH AVENUE & SUMMITVIEW AVENUE 1:21ISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 Phase 2 1 Phase 3 1 Phase 4 /I\ North.: +> G/C=0.123 1 G/C=0.308 1 G/C=0.185 1 G/C=0.251 G= 14.7" 1 G= 37.0" 1 G= 22.2" 1 G= 30.1" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" Off= 0.0% 1 Off=15.6% 1 Off=49.7% 1 Off=71.6% C=120 sec TOTALS Param:Units AdjVol: vph Wid/Ln: ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft 02/26/08 09:59:09 G=104.0 sec = 86.7% Y=16.0 sec = 13.3% Ped= 0.0 sec = 0.0% SB Approach WB Approach RT TH LT RT TH LT 444 587 120 0/0 24/2 12/1 O 39 27 O 31 12 O 1032 190 NB Approach EB Approach Int RT TH LT RT TH LT Total 138 747 82 50 716 220 111 343 331 3889 0/0 24/2 12/1 0/0 24/2 12/1 12/1 24/2 12/1 O 36 26 0 33 29 27 28 32 O 25 19 0 31 12 25 25 19 O 886 312 0 1098 191 387 898 308 5302 E D E D+ D+ F D+ D+ F 0.00 1.00 0.55 0.00 1.00 0.25 0.00 0.70 1.00 0.28 0.38 1.00 0.0 69.3 52.4 0.0 74.9 42.1 0.0 38.6113.3 36.6 37.5 98.3 O 298 26 0 276 14 0 123 104 17 54 136 O 258 28 0 221 17 0 169 55 22 71 83 E+ 0.83 64.6 1048 924 O 37 7 0 32 4 0 21 17 6 9 24 37 O 925 180 0 806 108 0 528 425 138 227 607 925 DOC. INDEX # 11-3 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE & SUMMITVIEW AVENUE 09:59: • EXISTING PK PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Param:Units Int SS Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1151 967 986 785 3889 Svc Lvl:LOS E E E+ E+ E+ Deg Sat:v/c 0.95 0.94 0.76 0.63 0.83 HCM Delis/v 67.5 72.1 55.2 63.0 64.6 Tot Del:min 324 290 227 207 1048 # Stops:veh 286 238 224 ,176 924 Queue 1:veh 37 32 21 24 37 Queue 1: ft 925 806 528 607 925 • • • DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/09 N 40TH AVENUE 6 SUMII+IITVIEW AVENUE 09:13:52 111110 2012 PM PEAR HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - 0Q4 Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 1 11 1 Key: VOLUMES -- > 1 438 1 579 1 119 11 1 1 WIDTHS 1 0.0 1 24.0 1 12.0 11 1 v LANES 1 0 1 2 1 1 11 1 1 1 11 \ 112 0.0 0 / 1 \ /1\ 610 24.0 2 1 1 316 12.0 1 / + / 67 12.0 1 North 1' 328 24.0 2 -- 133 12.0 1 \ I 210 1 683 I 48 I Phasing: SEQUENCE 44 1 1 12.0 124.0 1 0.0 1 PERNSV NNNN I 1 1 1 2 1 0 1 OVERLP NNNN 1 1 1 1 I LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT EIPHeavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 .5 .5 .5 1.0 1.0 1.0 Pk -hr fact, PRP .93 .93 .93 .77 .77 .77 .90 .90 .90 .90 .90 .90 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NH 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 I Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /I\ 1 1 North DI C=12o,: 1 +> <* * * G= 14.7" 1 G= 37.0" G= 22.3" 1 G= 30.0" G= 0.0" I G= 0.0" Y+R= 4.0" I Y+R= 4.0" Y+R= 4.0" 1 Y+R= 4.0" Y+R= 0.0" 1 Y+R= 0.0" DOC. INDEX # H-3 • • • TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE 2012 PK PEAK HOUR VOLUMES WITHOUT PROJECT SIG AL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s SB RT TH LT 438 579 119 .93 .93 .93 471 623 128 RT+TH LT 1094 128 .000 1.00 .431. .000 SB RT TH LT 1900 1900 2 1 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .935 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3350 1787 WB RT TH LT 112 610 67 .77 .77 .77 145 792 87 RT+TH LT 937 87 .000 1.00 .155" . 000 RT WB TH LT 1900 1900 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .977 1.00 1.000. 1.00 1.000 1.00 1.000 1.00 3534 1805 N8 RT TH LT RT 48 683 210 .90 .90 .90 53 759 233 03/24/ 09:13 EB TH LT 106 328 316 .90 .90 .90 118 364 351 RT+TH LT RT TH LT 812 233 118 364 351 .000 1.00 .000 .000 1.00 .065 .000"1.000 .000 .000 s NB RT TH EB LT RT TH LT 1900 2 1.000 . 995 1.000 1.000 1.000 1.000 .952 1.000 .990 1.000 1.000 1.000 3564 1900 1 1.00 .995 1.00 1.00 1.00 1.00 1.00 .950 1.00 1.00 1.00 1.00 1796 SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect.green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group SB RT TH LT RT+TH LT 1094 3350 4.0 37.0 .308 1033 1.059 .327 128 1787 4.0 14.7 .123 219 .584 .072 Sum crit v/s,Tc 0.918 Crit v/c, Xc 1.059 WB RT TH LT RT+TH LT 937 87 3534 1805 4.0 4.0 30.0 22.3 .250 .185 885 335 1.059 .260 .265 .048 * Total lost, L NB RT TH LT RT+TH LT 812 233 3564 1796 4.0 4.0 37.0 14.7 .308 .123 1099 220 . 739 1.06 . 228 .130, * 16.0 1900 1 1.000 .990 1.000 1.000 1.000 1.000 1.000 1.000 .850 1.000 1.000 1.000 1599 1900 2 1.00 .990 1.00 1.00 1.00 1.00 .952 1.00 1.00 1.00 1.00 1.00 3582 1900 1 1.00 .990 1. 1. 1.0 111 1.00 1.00 .950 1.00 1.00 1.00 1.00 1787 EB RT TH LT RT TH LT 118 364 351 1599 3582 1787 4.0 4.0 4.0 30.0 30.0 22.3 .250 .250 .185 400 897 331 .295 .406 1.06 .074 .102 .1 1111 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 411111 1 N 40TH AVENUE & SUMMITVIEW AVENUE 2012 PH PEAK HOUR VOLUMES WITHOUT PROJECT • SIGNAL2000/TEAPAC(Ver 2.70.07] - HCM Capacity and LOS Worksheet Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, di Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Frog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA Approach LOS Appr flow, vA SB RT TH WB LT RT TR RT+TH LT 1094 128 1033 219 1.059 .584 .308 .123 41.5 49.8 .50 .18 45.0 4.0 .0 .0 .0 .0 1.00 1.00 86.5 53.7 F D 15 0 83.1 F 1222 NB LT RT TH LT RT+TH LT 937 87 885 335 1.059 .260 .250 .185 45.0 41.8 .50 '.11 47.0 .4 .0 .0 .0 .0 1.00 1.00 92.0 42.2 F D+ 13 0 87.8 F 1024 Intersection: Delay 75.8 LOS E RT+TH LT 812 233 1099 220 .739 1.06 .308 .123 37.2 52.6 .30 .50 2.7 77.1 .0 .0 .0 .0 1.00 1.00 39.9 130 D+ F 0 3 59.9 E+ 1045 03/24/09 09:13:52 EB RT TH LT RT TH LT 118 364 351 400 897 331 .295 .406 1.06 .250 .250 .185 36.4 31.5 48.9 .11 .11 .50 .4 .3 66.3 .0 .0 .0 .0 .0 .0 1.00 1.00 1.00 36.8 37.8 115 D+ D+ F 0 0 5 70.3 E 833 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE 4111 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 **/** / ' \ North + +> <* G/C=0.123 1 G/C=0.308 ( G/C=0.185 1 G/C=0.250 G= 14.7" I G= 37.0" G= 22.3" j G= 30.0" Y+R= 4.0" Y+R= 4.0" ( Y+R-- 4.0" ( Y+R= 4.0" Off= 0.0% l Off=15.6% Off=49.7% I Off=71.6% C=120 sec MVMT TOTALS 4111 Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rgd@C:% g/C Used: % SV @E: vph Svc Lv]:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft • G=104.0 sec = 86.7% Y=16.0 sec = 13.3% SE Approach WB Approach RT TH LT RT TH LT 471 623 128 0/0 24/2 12/1 O 41 27 0 31 12 O 1033 190 NB Approach RT TH LT 145 792 87 53 0/0 24/2 12/1 0/0 O 37 26 0 O 25 19 0 O 885 312 0 759 233 24/2 12/1 34 29 31 12 1099 191 03/24/09 09:13 0 Ped= 0.0 sec = 0.0% EB Approach Int RT TH LT Tota 118 364 351 4124 12/1 24/2 12/1 27 28 33 25 25 19 386 897 308 5301 F D F D+ 0.00 1.06 0.58 0.00 1.06 0.26 0.00 0.0 86.5 53.7 0.0 92.0 42.2 0.0 O 394 29 0 359 15 0 :. 0. .273 30 0 234 19 0 D+ F 0.74 1.06 39.9129.8 135 126 182 58 D+ D+ F E 0.29 0.41 1.06 0.88 36.8 37.8115.2 75.8 18 57 168 1301 24 76 87 983 O 42 8 0 37 5 O 1050 194 0 913 115 O 23 19 O 571 479 6 10 27 42 148 243 687 1050 • DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/09 4111/1 N 40TH AVENUE & SUAIMITVIEW AVENUE 09:13:52 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPA TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1222 1024 1045 833 4124 Svc Lvl:LOS F F E+ E E Deg Sat:v/c 1.01 0.99 0.81 0.67 0.88 HCM Del:s/v 83.1 87.8 59.9 70.3 75.8 Tot Del:min 423 374 261 243 1301 # Stops.:veh303 253 240 187- 983 Queue 1:veh 42 37 23 27 42 Queue 1: ft 1050 913 571 687 1050 DOC. INDEX # H-3 • • TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT 04/17/09 14:12:44 1011 SIGNAL2000/TEAPAC[Ver 2.70.071 - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD I I I II I Key: VOLUMES -- > 1 440 1 586 1 121 11 1 1 WIDTHS 1 0.0 1 24.0 1 12.0 11 I v LANES I 0 1 2 1 1 11 I 1 1 II \ 115 0.0 0 / I \ /I\ 610 24.0 2 I I 320 12.0 1 / + / 67 12.0 1 North 328 24.0 2 133 12.0 1 \ 11 I I I 11 210 1 695 1 48 1 Phasing: SEQUENCE 44 I 11 12.0 '1 24.0 1 0.0 1 PERMSV 14141414 I II 1 I 2 1 0 1 OVERLP 14141414 I 11 I I 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 .5 .5 .5 1.0 1.0 1.0 Pk -hr fact, PHF .93 .93 .93 .77 .77 .77 .90 .90 .90 .90 .90 .90 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 I Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 1 **/** /I\ North +> <* * * A * * * * • C=120"I G= 14.6" 1 G= 37.0" 1 G= 22.4" I G= 30.0" I G= 0.0" 1 G= 0.0" 1 Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 0.0" 1 Y+R= 0.0" 1 DOC. INDEX # H-3 . TOSCANA DEVELOPMENT 4111014 40TH AVENUE & SUI0 ITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT SICL2000/TEAPAC[Ver 2.70.07) - ECM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate sB RT TH LT 440 586 121 .93 .93 .93 473 630 130 RT+TH LT 1103 130 .000 1.00 .429 :000 SB RT TH LT Base satflo, so 1900 1900 Number lanes, N 2 1 Lane width, fW 1.000 1.00 Heavy veh, fHV .990 .990 Grade, fg 1.000 1.00 Parking, fp 1.000 1.00 Bus block, fbb 1.000 1.00 Area type, fa 1.000 1.00 Lane util, fLU .952 1.00 Left -turn, fLT 1.000 .950 Right -turn, fRT .936 1.00 PedBike LT,fLpb 1.000 1.00 PedBike RT,fRpb 1.000 1.00 Local adjustmnt 1.000 1.00 Adj satflow, s 3351 1787 WB RT TH LT 115 610 67 .77 .77 .77 149 792 87 RT+TH LT 941 87 .000 1.00 .158 .000 NB RT TH 04/17/09 14:12:44 EB LT RT TH LT 48 695 210 .90 .90 .90 53 772 233 106 328 320 .90 .90 .90 118 364 356 RT+TH LT RT TH LT 825 233 118 364 356 .000 1.00 .000 .000 1.00 .064 .000 1.000 .000 .000 WB NB EB RT TH LT RT TH LT RT TH LT 1900 1900 1900 1900 1900 1900 1900 2 1 2 1 1 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.00 1.000 1.00 .995 .995 .990 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.00 .952 1.00 .952 1.00 1.000 .952 1.00 1.000 .950 1.000 .950 1.000 1.00 .950 .976 1.00 .990 1.00 .850 1.00 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.00 3532 1805 3565 1796 1599 3582 1787 SIGNAL2000/TEAPAC[Ver 2.70.07]`- RCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X 4110CFlow ratio, v/s rit lane group Sum crit v/s,Yc Crit v/c, Rc SB RT TH LT RT+TH LT 1103 130 3351 1787 4.0 4.0 37.0 14.6 .309 .122 1034 217 1.067 .599 .329 .073 0.924 1.067 WB RT TH NB EB LT RT TH LT RT TH LT RT+TH LT 941 87 3532 1805 4.0 4.0 30.0 22.4 .250 .187 882 337 1.067 .258 ..266 .048 RT+TH LT RT TH LT 825 233 118 364 356 3565 1796 1599 3582 1787 4.0 4.0 4.0 4.0 4.0 37.0 14.6 30.0 30.0 22.4 .309 .122 .250 .250 .187 1100 218 399 895 334 .750 1.07 .296 .407 1.07 .231 .130 .074 .102 .199 * * Total lost, L 16.0 DOC. INDEX # H-3 TOSCANA DEVELOPMENT •N 40TH AVENUE S SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT • • SIGNAL2000/TEAPAC(Ver 2.70.07] - HCM Capacity and LOS Worksheet Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA Approach LOS Appr flow, vA SB RT TH WB LT RT TH LT RT RT+TH LT 1103 130 1034 217 1.067 .599 .309 .122 41.5 49.9 .50 .19 47.6 4.5 .0 .0 .0 .0 1.00 1.00 89.1 54.5 F D 17 0 85.4 F 1233 RT+TH LT 941 87 882 337 1.067 .258 .250 .187 45.0 41.7 .50 .11 49.8 .4 .0 .0 .0 ' .0 1.00 1.00 94.8 42.1 F D+ 15 0 90.3 F 1028 Intersection: Delay 77.5 LOS E TH 04/17/ 14:12 EB LT RT TH LT RT+TH LT 825 233 1100 218 .750 1.07 .309 .122 37.3 52.7 .31 ". 50 2.9 80.4 .0 .0 .0 • .0 1.00 1.00 40.2 133 D+ F 0 4 60.7 E+ 1058 RT 118 399 .296 .250 36.5 .11 .4 .0 .0 1.00 36.9 D+ 0 TB 364 895 .407 .250 37.6 .11 .3 .0 .0 1.00 37.9 D+ 0 LT 356 334 1.07 .187 48.8 :50 67.8 .0 .0 1.00 117 F 6 71.2 E 838 DOC. INDEX ! H-3 O TOSCANA DEVELOPMENT 41110 N 40TH AVENUE fi SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 I Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 **/** /I\ North ilMVMT TOTALS Param:Units +> A **** G/C=0.122 1 G/C=0.309 1 G/C=0.187 1 G/C=0.250 G= 14.6" 1 G= 37.0" 1 G= 22.4" 1 G= 30.0" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" Off= 0.0% 1 Off=15.5% 1 Off=49.7% 1 Off=71.7% 04/17/09 14:12:44 C=120 sec G=104.0 sec = 86.7% 7=16.0 sec = 13.3% Ped= 0.0 sec = 0.0% AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:$ g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft i SB Approach RT TH LT WB Approach RT TH LT 473 630 130 149 0/0 24/2 12/1 0/0 O 41 27 0 0 31 12 0 0 1034 188 0 792 87 24/2 12/1 37 26 25 19 882 315 NB Approach EB Approach Int RT TH LT RT TH LT Total 53 772 233 118 364 356 4157 0/0 24/2 12/1 12/1 24/2 12/1 O 34 29 27 28 33 O 31 12 25 25 19 0 1100 189 385 895 311 5299 F D 0.00 1.07 0.60 0.00 0.0 89.1 54.5 0.0 0 409 29 0 O . 275 31 0 F D+ 1.07 0.26 94.8 42.1 372 15 235 19 D+ F D+ D+ F E 0.00 0.75 1.07 0.30 0.41 1.07 0.89 0.0 40.2133.1 36.9 37.9116.6 77.5 0 138 129 18 57 173 1340 0` 186 58 ' 24 76 89 993 O 42 8 0 1068 198 O 37 5 O 925 115 O 23 19 6 10 28 42 O 584 485 148 243 700 1068 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/09 N 40TH AVENUE & SUMMITVIEW AVENUE 14:12110 •2012 PM PEAR HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC1Ver 2.70.071 - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1233 1028 1058 838 4157 Svc Lvl:LOS F F E+ E E Deg Sat:v/c 1.02 1.00 0.82 0.67 0.89 HCM Del:s/v 85.4 90.3 60.7 71.2 77.5 Tot Del:min 438 387 267 248 1340 # Stops:veh '306 254 .244 189 993 Queue 1:veh 42 37 23 Queue 1: ft 1068 925 584 28 42 700 1068 DOC. INDEX # A-3 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE & ENGLEWOOD AVENUE 09.15.20 411111 EXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC(Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 1 II 1 1 218 1 772 1 24 11 1 0.0 1 24.0 1 12.0 11 1 0 1 2 1 1 11 I 1 I 11 \ 37 0.0 0 / 1 \ 164 12.0 1 90 12.0 1 + / 230 12.0 1 Key: VOLUMES -- > 1 WIDTHS v LANES 151 12.0 1 \ 1 / /I\ 1 North 38 0.0 0 \ 11 i 1 I 11 95 1 826 1 72 1 Phasing: SEQUENCE 44 I 11 12.0 1 24.0 1 0.0 1 PERMSV YYYY I 1 1 1 1 2 1 0 1 ovERLP NNNN I 1 1 1 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TR LT RT TH LT RT TH LT Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 1.0 1.0 1.0 .0 .0 .0 Pk -hr fact, PHP .91 .91 .91 .76 .76 .76 .97 .97 .97 .91 .91 .91 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0. 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** <+ m + A **** ++++ v m C= 90"1 I G= 5.0" i G= 36.7" G= 5.0" G= 27.3" G= 0.0" 1 G= 0.0" Y+R= 4.0" •1 Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" Y+R= 0.0" 1 Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE 6 ENGLEWOOD AVENUE • EXISTING PM PEAR HOUR VOLUMES • • SIGNAL2000/TEAPAC[Ver 2.70.07] - ECM Volume Adjust 6 Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT ,Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, LRT PedBike LT,fLpb PedBike RT , fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo RT SB TH LT 218 772 24 .91 .91 .91 240 848 26 RT+TH LT 1088 26 .000 1.00 .221 .000 RT SB TH LT WB RT TH NB LT RT TH 37 230 151 .76 .76 .76 49 303 199 RT+TH LT 352 199 .000 1.00 .139 .000 02/26/08 09:15: 40) EB LT RT TH LT 72 826 95 .97 .97 .97 74 852 98 RT+TH LT 926 98 . 000 1.00 . 080 .000 . WB NB RT TH LT RT TH 38 90 164 .91 .91 .91 42 99 180 RT+TH LT 141 180 .000 1.00 .298 .000 EB LT RT TH LT 1900 1900 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .990 .990 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.0 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .159 1.000 .553 1.000 .103 1.000 .282 .967 1.00 .979 1.00 .988 1.00 .955 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3463 300 1860 1051 3539 194 1815 535 .000 .950 .000 .950 .000 .950 .000 .950 0 1787 0 1805 0 1787 0 1805 • DOC. INDEX # 11-3 TOSCANA DEVELOPMENT 40TH AVENUE & ENGLEWOOD AVENUE ISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c-ratio, X Flow ratio, v/s Crit lane group Permitted Phase Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c /c ratio, X Flow ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, di Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA roach LOS r flow, vA SB RT TH LT RT+TH LT 1088 26 3463 1787 4.0 4.0 36.7 5.0 .408 .056 1414 99 .769 .263 .314 .015 * of Compound LTs 0 300 .0 40.7 .453 136 .000 .000 0.614 .746 SS RT TH LT RT+TH LT 1088 26 1414 235.. .769 .111 .408 .508 23.0 13.3 .32 .11 2.7 .2 .0 .0 .0 .0 1.00 1.00 25.6 13.5 C+ B+ 0 0 25.3 C+ 1114 WB RT TH LT RT+TH LT 352 100 1860 1805 4.0 4.0 27.3 5.0 .303 .056 563 100 .625 1:00 .189 .055 * * 99 1051 .0 31.3 .347 365 .271 .094 Total lost, L WB RT TH NB RT TH 02/26/08 09:15:20 EB LT RT TH LT RT+TH LT 926 98 3539 1787 4.0 4.0 36.7 5.0 .408 .056 1445 99 .641 .990 .262 .055 * 0 194 .0 40.7 .453 88 .000 .000 16.0 NB LT RT TH RT+TH LT 352 199 563 465 .625 .428 .303 .403 27.0 19.2 .21 .11 2.2 .6 .0 .0 .0 .0 1.00 1.00 29.2 19.9 C B 0 0 25.8 C+ 551 Intersection: Delay 24.2 LOS C+ RT+TH LT 141 100 1815 1805 4.0 4.0 27.3 5.0 .303 .056 550 100 .256'1.00 .078 .055 80 535 .0 31.3 .347 186 .430 .149 EB LT RT TH LT RT+TH LT 926 98 1445 187 .641 .524 .408 .508 21.3 15.8 .22 .13 1.0 2.7 .0 .0 .0 .0 1.00 1.00 22.3 18.5 C+ B 0 0 21.9 C+ 1024 RT+TH LT 141 180 550 286 .256 .629 .303 .403 23.7 21.2 .11 .21 .2 4.4 .0 .0 .0 .0 1.00 1.00 24.0 25.6 C+ C+ 0 0 24.9 C+ 321 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE EXISTING PM PEAK SOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 **/** /I\ 1 1 North. * * *> m + A • +t m * * * * v G/C=0.056 1 G/C=0.408 1 G/C=0.056 1 G/C=0.303 G= 5.0" 1 G= 36.7" 1 G= 5.0" 1 G= 27.3" Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 4.0" Off= 0.0% 1 Off=10.0% 1 Off=55.3% 1 Off=65.3% C= 90 sec 411 MVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft • 02/26/08 09:15:.0 G= 74.0 sec = 82.2% 7=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% SB Approach WE Approach NB Approach RT TH LT RT TH LT RT TH LT 240 848 26 0/0 24/2 12/1 O 36 0 O 41 6 O 1414 235 49 303 199 0/0 12/1 12/1 O 26 0 O 30 6 0 563 465 74 852 98 0/0 24/2 12/1 O 31 3 O 41 6 O 1445 185 EB Approach Int RT TH LT Total 42 99 180 3010 0/0 12/1 12/1 O 17 4 O 30 6 O 550 285 5142 C+ B+ C B C+ B C+ C+ 0.00 0.77 0.11 0.00 0.63 0.43 0.00 0.64 0.52 0.00 0.26 0.63 0.0 25.6 13.5 0.0 29.2 19.9 0.0 22.3 18.5 0.0 24.0 25.6 -0 116 1 0 43 16 0 86 8 0 14 19 O 235 3 0 76 36 0 186 16 0 27 36 C+ 0.64 24.2 303 615 O 23 1 0 14 7 0 18 O 567 17 0 348 169 0 442 3 0 5 7 23 85 0 124 178 567 DOC. INDEX # $-3 TOSCANA DEVELOPMENT 02/26/08 40TH AVENUE & ENGLEWOOD AVENUE 09:15:20 STING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.071 - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1114 551 1024 321 3010 Svc Lvl:LOS C+ C+ C+ C+ C+ Deg Sat:v/c 0.75 0.55 0.63 0.47 0.64 ECM Del:s/v 25.3 25.8 21.9 24.9 24.2 Tot Del:min 117 59 94 33 303 # Stops:veh- _ - 238 112 202 63 615 Queue 1:veh 23 14 18 7 23 Queue 1: ft 567 348 442 178 567 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/09 N 40TH AVENUE & ENGLEWOOD AVENUE 09:18:09 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - RCM Input Worksheet s Intersection # 1 - Area Location Type: NONCBD 1 1 1 11 I Key: VOLUMES -- > 1 231 1 819 1 25 11 I 1 WIDTHS 1 0.0 1 24.0 1 12.0 11 1 v LANES 1 0 1 2 1 1 11 1 1 1 11 \ 39 0.0 0 / I \ /I\ 244 12.0 1 I I 174 12.0 1 / + / 160 12.0 1 North 96 12.0 1 -- \ I / 40 0.0 0 \ II 1 1 11 101 I 877 1 76 I Phasing: SEQUENCE 44 I 11 12.0 1 24.0 1 0.0 1 PERMSV YYYY 1 1 1 1 1 2 1 0 1 OVERLP NNNN 11 1 1 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH 1110 Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 1.0 Pk -hr fact, PHF .91 .91 .91 .76 .76 .76 .97 Pretimed or Act A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext off grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 1.0 1.0 .0 .0 .0 .97 .97 .91 .91 .91 A A A A A 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 I Grade, %G .0 .0 .0 .0 Sq 44 I Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /I\ North * * *> <+ m + A ++++ * * * * v • C= 90"I G= 5.0" I G= 36.9" 1 G= 5.0" 1 G= 27.1" 1 G= 0.0" I G= 0.0" I 1 Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" I Y+Rr 4.0" 1 Y+R= 0.0" 1 Y+R= 0.0" I DOC. INDEX # H-3 TOSCANA DEVELOPMENT dog40TH AVENUE & ENGLEWOOD AVENUE 012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop"RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg arking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH LT 231 819 25 .91 .91 .91 254 900 27 RT+TH LT 1154 27 .000 1.00 .220'.000 SB RT TH LT WB RT TH NB LT RT TH 39 244 160 .76 .76 .76 51 321 211 RT+TH LT 372 211 .000 1.00 .137 .000 WB RT TH 03/24/09 09:18:09 EB LT RT TH LT 76 877 101 .97 .97 .97 78 904 . 104 RT+TH LT 982 104 .000 1.00 .079 .000 NB LT RT TH 40 96 174 .91 .91 .91 44 105 191 RT+TH LT 149 191 .000 1.00 .295 :000 EB LT RT TH LT 1900 1900 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .990 .990 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .140 1.000 .541 1.000 .098 1.000 .256 .967 1.00 .979 1.00 .988 1.00 .956 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3464 263 1861 1029 3539 184 1816 486 .000 .950 .000 .950 .000 .950 .000 .950 0 1787 0 1805 0 1787 0 1805 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/ N 40TH AVENUE & ENGLEWOOD AVENUE 09:18 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - RCM Capacity and LOS Worksheet Capacity SB WB NB EB Analysis RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG RT+TH LT RT+TH LT RT+TH LT Adj Flow, v 1154 27 372 100 982 99 Satflow, s 3464 1787 1861 1805 3539 1787 Lost time, tL 4.0 4.0 4.0 4.0 4.0 4.0 Effect green, g 36.9 5.0 27.1 5.0 36.9 5.0 Grn ratio, g/C .410 .056 .301 .056 .410 .056 LG capacity, c 1419 99 561 100 1450 99 v/c ratio, X" .813 .273 :663 1.00 .677 1.400 Flow ratio, v/s .333 .015 .200 .055 .277 .055 Crit lane group * * * * RT+TH LT 149 100 1816 1805 4.0 4.0 27.1 5.0 .301 .056 547 100 .272 1.00 .082 .055 Permitted Phase of Compound LTs Adj Flow, v 0 111 5 91 Satflow, s 263 1029 184 486 Lost time, tL .0 .0 .0 .0 Effect green, g 40.9 31.1 40.9 31.1 Grn ratio, g/C. .454 .346 .454 .346 LG capacity, c 119 356 84 1 v/c ratio, X .000 .312 .060 .5 Flow ratio, v/s .000 .108 .027 .18 ll Crit lane group Sum crit v/s,Yc 0.644 Crit v/c, Xc .783 Total lost, L 16.0 Delay SB WB NB EB and LOS RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG Adj Flow, v LG capacity,, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi RT+TH LT 1154 27 1419 218 .813 .124 .410 .510 23.5 13.6 .35 .11 3.7 .3 .0 .0 .0 .0 1.00 1.00 27.3 13.9 C+ B+ 0 0 RT+TH LT 372 211 561 456 .663 .463 .301 .401 27.5 19.8 .24 .11 2.9 .7 .0 .0 .0 .0 1.00 1.00 30.4 20.5 C C+ 0 0 RT+TH LT 982 104 1450 183 .677 .568 .410 .510 21.7 16.5 .25 .16 1.3 4.1 .0 .0 .0 .0 1.00 1.00 23.0 20.6 C+ C+ 0 0 RT+TH LT 149 191 547 268 .272 .713 .301 .401 23.9 22.6 .11 .28 .3 8.6 .0 .0 .0 .0 1.00 1.00 24.2 31.2 C+ C 0 0 Appr delay, dA 27.0 26.8 22.8 28.1 40 Approach LOS C+ C+ C+ C 410 Appr flow, vA 1181 583 1086 340 Intersection: Delay 25.6 LOS C+ DOC. INDEX # H-3 olioTOSCANA DEVELOPMENT 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 I Phase 4 **/** /1\ North 411) MVMT TOTALS Param:Units * * *> <♦ m + A * * * * ++++ V m G/C=0.056 1 G/C=0.410 1 G/C=0.056 1 G/C=0.301 G= 5.0" 1 G= 36.9" 1 G= 5.0" 1 G= 27.1" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" Off= 0.0% 1 Off=10.0% 1 Off=55.4% 1 Off=65.4% C= 90 sec AdjVol: vph Wid/Ln:ft/# g/C Rgd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c RCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft 03/24/09 09:18:09 G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% SB Approach WB Approach NB Approach EB Approach Int RT TH LT RT TH LT RT TH LT RT TH LT Total 254 900 27 51 321 211 78 904 104 0/0 24/2 12/1 0/0 12/1 12/1 0/0 24/2 12/1 O 37 0 0 27 0 0 32 3 O 41 6 0 30 6 0 41 6 O 1419 218 0 561 456 0 1450 181 44 105 191 3190 0/0 12/1 12/1 O 17 5 O 30 6 O 547 266 5098 C+ B+ C C+ C+ C+ C+ C C+ 0.00 0.81 0.12 0.00 0.66 0.46 0.00 0.68 0.57 0.00 0.27 0.71 0.69 0.0 27.3 13.9 0.0 30.4 20.5 0.0 23.0 20.6 0.0 24.2 31.2 25.6 O 131 2 0 47 18 0 94 9 0 15 25 341 O 255 4 0 81 39 0 201 18 0 28 40 666 O 25 O 623 1 0 15 7 0 19 4 0 5 8 25 18 0 374 183 0 478 93 0 131 203 623 DOC. INDEX # H-3 TOSCANA DEVELOPMENT �N 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAR HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance 03/24/0 0 09:18: APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1181 583 1086 340 3190 Svc Lvl:LOS C+ C+ C+ C C+ Deg Sat:v/c 0.80 0.59 0.67 0.52 0.69 HCM Delis/v 27.0 26.8 22.8 28.1 25.6 Tot Del:min 133 65 103 40 341 * Stops:veh 259 120 ` 219 6H 666' Queue 1:veh 25 15 19 8 25 Queue 1: ft 623 374 478 203 623 • • DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/09 N 40TH AVENUE & ENGLEWOOD AVENUE 14:14:53 4111/1 .2012 PM PEAR HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 I I 11 I Rey: VOLUMES -- > 1 232 1 832 1 25 11 I 1 WIDTHS 1 0.0 1 24.0 1 12.0 11 I v LANES I 0 1 2 1 1 11 1 1 1 11 \ 40 0.0 0 / 1 \ /I\ 244 12.0 1 1 1 175 12.0, 1 / + / 160 12.0 1 North 1 96 12.0 1 40 0.0 0 \ II I 1 11 101 I 898 1 76 1 Phasing: SEQUENCE 44 1 11 12.0 1 24.0 1 0.0 I PERMSV YYYY 1 11 1 1 2 1 0 1 OVERLPNNNN I I1 I 1 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 1.0 1.0 1.0 .0 .0 .0 Pk -hr fact, PHF .91 .91 .91 .76 .76 .76 .97 .97 .97 .91 .91 .91 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3• 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 I Phase 2 1 Phase 3 1 Phase 4 I Phase 5 1 Phase 6 I **/** /I\ 1 1 North ,c=I90u1 1 * * *> <+ + m + A **** ++++ V G= 5.0" G= 37.0" GG 5.0" G= 27.0" 1 G= 0.0" G= 0.0" Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" I Y+R= 0.0" Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/ N 40TH AVENUE 6 ENGLEWOOD AVENUE 14:14 • 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust S Satflow Worksheet Volume SB 893 NB EB Adjustment RT TH LT RT TH LT RT TH LT RT TH LT Volume, V 232 832 25 40 244 160 76 898 101 40 96 175 Pk -hr fact, PHF .91 .91 .91 .76 .76 .76 .97 .97 .97 .91 .91 .91 Adj my flow, vp 255 914 27 53 321 211 78 926 104 44 105 192 Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT RT+TH LT 1169 27 .000 1.00 . 218 .000 RT+TH LT 374 211 .000 1.00 .142 .000 RT+TH LT 1004 104 .000 1.00. .078 .000' RT+TH LT 149 192 .000 .295 .000 Saturation SB SB NB EB Flow Rate RT TH LT RT TH LT RT TH LT RT TH LT Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fhb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo • 1900 1900 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 . 990 .990 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.0 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .133 1.000 .541 1.000 .098 1.000 .252 .967 1.00 .979 1.00 .988 1.00 .956 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3465 250 1860 1028 3540 184 1816 479 .000 .950 .000 .950 .000 .950 .000 .950 0 1787 0 1805 0 1787 0 1805 DOC. INDEX # H-3 0 TOSCANA DEVELOPMENT 04/17/09 411110 N 40TH AVENUE & ENGLEWOOD AVENUE 14:14:53 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC(Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity SB. WB NB EB Analysis RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG RT+TH LT RT+TH LT RT+TH LT Adj Flow, v 1169 27 374 100 1004 99 Satflow, s 3465 1787 1860 1805 3540 1787 Lost time, tL 4.0 4.0 4.0 4.0 4.0 4.0 Effect green, g 37.0 5.0 27.0 5.0 37.0 5.0 Grn ratio, g/C .411 .056 .300 .056 .411 .056 LG capacity, c 1424 99 558 100 1455 99 v/c ratio, X .821'.273 .670 1.00 .690 1.00 Flow ratio, v/s .337 .015 .201 .055 .284 .055 Crit lane group * * * * RT+TH LT 149 100 1816 1805 4.0 4.0 27.0 5.0 .300 .056 545 100 .273 1.00 .082 .055 Permitted Phase of Compound LTs Adj Flow, v 0 111 5 92 Satflow, s 250 1028 184 479 Lost time, tL .0 .0 .0 .0 Effect green, g 41.0 31.0 41.0 31.0 Grn ratio, g/C .455 .345 .455 .345 LG capacity, c 114 354 84 165 v/c ratio, X .000 .314 .060 .558 Flow ratio, v/s .000 .108 .027 .192 Crit lane group Sum crit v/s,Yc 0.649 Crit v/c, Xc .790 Total lost, L 16.0 Delay SB WB NB EB and LOS RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi RT+TH LT 1169 27 1424 213 .821 .127 .411 .511 23.6 13.7 .36 .11 4.0 .3 .0 .0 .0 .0 1.00 1.00 27.5 14.0 C B+ 0 0 RT+TH LT 374 211 558 454 . 670 .465 . 300 .400 27.6 19.9 .24 .11 3.1 .8 .0 .0 .0 .0 1.00 1.00 30.7 20.6 C C+ 0 0 RT+TH LT 1004 104 1455 183 .690 .568 .411 .511 21.8 16.6 .26 .16 1.4 4.1 .0 .0 .0 .0 1.00 1.00 23.2 20.7 C+ C+ 0 0 RT+TH LT 149 192 545 265 .273 .725 .300 .400 24.0 22.8 .11 .29 .3 9.5 .0 .0 .0 .0 1.00 1.00 24.3 32.2 C+ C 0 0 Appr delay, dASI 27.2 27.1 23.0 28.8 Approach LOS C+ C+ C+ C Appr flow, vA 1196 585 1108 341 Intersection: Delay 25.9 LOS C+ DOC. INDEX # 11-3 • • TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAR HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 I Phase 4 **/** A <+ + +> + + A **** ++++ V m G/C=0.056 1 G/C=0.411 1 G/C=0.056 G= 5.0" i G= 37.0" 1 G= 5.0" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" Off= 0.0% 1 Off=10.0% 1 Off=55.5% G/C=0.300 G= 27.0" Y+R= 4.0" Off=65.5% 04/17/ 14:14 C= 90 sec G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% MVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c ECM Del:s/v Tot Del:min # Stops:veh Queue 1tveh Queue 1: ft SB Approach WB Approach RT TH LT RT TH LT 255 914 27 0/0 24/2 12/1 O 38 0 O 41 6 O 1424 213 53 321 211 0/0 12/1 12/1 O 27 0 O 30 6 O 558 454 NB Approach RT TH LT EB Approach In RT PH LT Total 78 926 104 44 105 192 3230 0/0 24/2 12/1 0/0 12/1 12/1 O 33 3 0 17 5 0 41 6 0 30 6 0 1455 181 0 545 263 5093 C 8+ C C+ C+ C+ C+ C 0.00 0.82 0.13 0.00 0.67 0.47 0.00 0.69 0.57 0.00 0.27 0.73 0.0 27.5 14.0 0.0 30.7 20.6 0.0 23.2 20.7 0.0 24.3 32.2 O 134 2 0 48 18 0 97 9 0 15 26 0- 260 4 0 82 39 0 206 18 0 - 28 41 C+ 0.69 25.9 349 678 O 25 1 O 635 18 O 15 7 O 378 183 O 20 0 492 4 0 5 8 25 93 0 132 206 635 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/09 40TH AVENUE 6 ENGLEWOOD AVENUE 14:14:53 012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1196 585 1108 341 3230 Svc Lv1:LOS C+ C+ C+ C C+ Deg Sat:v/c 0.81 0.60 0.68 0.53 0.69 HCM Delis/v 27.2 27.1 23.0 28.8 25.9 Tot Del:min 136 66 106 41 s 349 # Stops:veh 264 121 224 69 678 Queue 1:veh 25 15 20 8 Queue 1: ft 635 378 492 206 t 25 635 DOC. INDEX # H-3 TWO-WAY STOP CONTROL SUMMARY 0 neral Information Site Information atyst • gency/Co. !• - e Performed 2/262008 alysis Time Period Intersection 40th Ave & Kem Way Jurisdiction Analysis Year 'I• roject Description EXISTING PM PEAK HOUR VOLUMES I - est Street: Kem Way North/South Street: North 40th Avenue ntersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments .dor Street Northbound 4 Southbound r ovement 1 2 3 4 5 6 L T R L T R olume 16 960 33 22 1047 10 I•eak-Hour Factor, PHF 0.91 0.91 _ 0.91 0.91 0.91 0.91 1 ourly Flow Rate, HFR 17 1054 36 ,24_ 1150 10 I• ercent Heavy Vehicles 0 — — 0 — — I edian Type Undivided I -T Channelized 0 0 I anes 0 2 0 0 2 0 Configuration LT TR LT TR pstream Signal 0 0 inor Street Westbound Eastbound ovement 7 8 9 10 11 12 L T R L T R olume 15 0 63 2 0 4 eak-Hour Factor, PHF _ 0.72 0.72 0.72 0.50 0.50 0.50 Hourly Flow Rate, HFR 20 0 87 4 0 8 • ercent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 ared Approach N N I torage 0 0 1-T Channelized 0 0 nes 0 1 0 0 1 0 onfiguration LTR LTR elay, Queue Length, and Level of Service • • proach . . NB SB Westbound Eastbound • ovement 1 4 7 8 9 10 11 12 ne Configuration LT LT LTR LTR (vph) 17 24 _ 107 12 C (m) (vph) 610 648 195 109 is 0.03 0.04 0.55 0.11 5% queue length 0.09 0.12 2.89 0.36 •ntroi Delay 11.1 10.8 43.9 42.1 OS - 8 8 E _ E • proach Delay — — 43.9 42.1 • proach LOS — — _ E E Rights Reserved • &SIf100" Version 4.10 Copyright 0 2003 University of Florida. Ail Rights Reserved Version 4.10 DOC. INDEX # 11-3 fa i TWO-WAY STOP CONTROL SUMMARY eneral information nalyst gency/Co. to Performed nalysis Time Period Site Information 2/26/2008 Intersection Jurisdiction Analysis Year 40th Ave & Kem Way roject Description 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT ast/West Street: Kem Way ntersection Orientation: North-South North/South Street North 401h Avenue Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound ovement 1 L olurne 17 eak-Hour Factor, PHF , 0.91 ourly,Flow Rate, HFR 18 1,119 . 2 T 1019 0.91 Southbound 3 4 5 6 R 35 IOW T R 23 11 0.91 0.91 0.91 0.91 38 25 :.1220. 12 ercent Heavy Vehicles edian Type T Channelized nes • nfiguration pstream Signal inor Street ovement 0 0 Undivided 0 0 LT 2 0 0 2 7R LT 0 0 TR 0 0 olume eak-Hour Factor, PHF ourty Flow Rate, HFR ercent Heavy Vehicles ercent Grade (%) ared Approach orage T Channeled nes onfiguration 7 L 16 0.72 22 0 Westbound 8 T 0 0.72 0 ' 0 0 Eastbound 9 10 11 12 R L T R 67 2 0 4 0.72 0.50 0.50 0 50 93 4 0 8 0 0 0 0 0 N 0 0 0 0 0 1 0 0 1 0 LTR LTR elay, Queue Length,and Level of Service • proach NB SB Westbound Eastbotmd • vement ne Configuration (vph) (m) (vph) /c 5% queue length 1 4 7 8 9 10 11 12 LT LT LTR LTR 18 25 115 12 573 611 167 88 0.03 0.04 0.69 0.14 0.10 0.13 4.08 0.45 • ntrol Delay OS • proach Delay • proach LOS Rights Reserved mcsmond Version 4.1d 11.5 11.1 64.1- 52.3 8 B F 64.1 Aft F 52.3 F F Copyright 0 2003 Univasity of Florida, All Rights Removed Version 4.1d DOC. INDEX # S-3 TWO-WAY STOP CONTROL SUMMARY General Information Site Information ! • alyst • gency/Co. l ate Performed 2/26/2008 nalysis Time Period intersection 40th Ave & Kem Way Jurisdiction Analysis Year 1- roject Description 2012 PM PEAK HOUR VOLUMES WITH PROJECT ast/West Street: Kem Way North/South Street North 40th Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound Southbound 1 ovement 1. 2 3 4 5 6 L T R L T R olume 17 1042 35 23 1125 11 Peak-Hour Factor, PHF 0.91 0.91 0.91 0.91 0.91 0.91 ourly Flow Rate, HFR . 18 1145 . 38 . 25 1236 ,. , 12 -ercent Heavy Vehicles 0 — — 0 _ — — edian Type Undivided -T Channelized 0 0 anes 0_ 2 0 0 2 0 onflguration _ LT TR _ LT TR pstream Signal r 0 0 Minor Street Westbound Eastbound ovement 7 8 9 10 11 12 L T R L T R olume 16 0 67 2 0 4 -eak-Hour Factor, PHF 0.72 - 0.72 0.72 0.50 0.50 0.50 ourly Flow Rate, HFR 22 0 93 4 0 8 1-ercent Heavy Vehicles 0 l 0 0 0 0 0 Percent Grade (%) _ 0 0 Flared Approach N N forage 0 0 1-T Channelized 0 0 Lanes 0 1 0 0 1 0 • nfiguration LTR LTR Delay, Queue Length, and Level of Service •proach NB SB. Westbound Eastbound ovement 1 4 7 8 9 10 11 12 1 . ne Configuration LT LT LTR LTR (vph) 18 25 115 12 (m) (vph) 565 597 161 84 Ic 0.03 0.04 0.71 0.14 5% queue length 0.10 0.13 4.29 0.47 • ntrol Delay 11.6 11.3 69.5 54.9 OS 8 8 F F • pproach Delay — — 69.5 54.9 • pproach LOS — — F F Rights Reserved • HCS2000n'4 Version 4. Id Copyright ® 2003 University of Florida, All Rights Reserved Vasion 4.1 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE A CASTLEVALE ROAD 09:53:10 411OXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HC( Input Worksheet Intersection # 1 - Area Location Type: NONCBD I I 1 11 I Key: VOLUMES -- > 1 40 1 960 1 20 11 1 •1 WIDTHS 1 0.0 1 12.0 1 12.0 11 I v LANES 1 0 1 1 1 1 11 1 I i 11 \ 80 0.0 0 / I \ /I\ -- 3 24.0 2 I I 27 12.0 1 / + / 42 12.0 1 North 2 24.0 2 -- 41P Heavy veh, %HV .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 Pk -hr fact, PHF .92 .92 .92 .74 .74 .74 .92 .92 .92 .72 .72 .72 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 20 0.0 0 \ 11 1 1 1 11 32 1 974 1 12 1 Phasing: SEQUENCE 44 I 11 12.0 1 12.0 1 0.0 1 PERMSV Y N Y N 1 1 1 1 1 1 1 0 1 OVERLP NNNN 1 11 1 1 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NA 0 0 = 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1; Phase 3 1 Phase 4 1 Phase 5 I Phase 6 1 /I\ North <+ I m + * * *> C= 90"1 1 **** ++++ v G= 5.0" G= 53.2" G= 8.0" G= 7.8" G= 0.0" G= 0:0" Y+R= 4.0" Y+R= 4.0" Y+R 4.0" Y+R= 4.0" Y+R= 0.0" Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT •N 40TH AVENUE & CASTLEVALE ROAD EXISTING PM PEAK HOUR VOLUMES • • SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT =Prop RT`, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT , fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH LT 40 960 20 .92 .92 .92 43 1043 22 RT+TH LT 1086 22 .000 1.00 .040 .000 SB RT TH LT WB RT TH 02/26/08 09:53 1110 NB EB LT RT TH LT RT TH LT 80 3 42 .74 .74 .74 108' 4 57 RT+TH LT 112 57 .000 1.00 .964 .000 WB RT TH LT 12 974 32 .92 .92 .92 13 1059 35 RT+TH LT 1072 35 .000 1.00 012 .000 NB RT TH 20 2 27 .72 .72 .72 28 3 38 RT+TH LT 31 38 .000 1.00 .903 .000 EB LT RT TH LT 1900 1900 1900 1900 1900 1900 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .070 1.000 .950 1.000 .070 .994 1.00 .855 1.00 .998 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1889 133 3094 1805 1897 133 .000 .950 .000 .950 0 1805 0 1805 1900 2 1.000 1.000 1.000 1.000 1.000 1.000 .952 1.000 .865 1.000 1.000 1.000 3127 1900 1 1.00 1.00 1.0 1. 1.0 1.00 1.00 .950 1.00 1.00 1.00 1.00 1805 O DOC. INDEX # H-3 TOSCANA DEVELOPMENT OO40TH AVENUE & CASTLEVALE ROAD ISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X` Flow ratio, v/s Crit lane group Permitted Phase Adj Flow, v Satflow, s Lost time, tL- Effect green, g Grn ratio, g/C G capacity, c /c ratio, X Flow ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Frog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi pr delay, dA ilIProach LOS Appr flow, vA SB RT TH LT RT+TH LT 1086 22 1889 1805 4.0 4.0 53:2 5.0 .591 .056 1115 100 .974 .220 .575 .012 * of Compound LTs 0 133 .0 57.2 .635 84 .000 .000 0.662 .805 SB RT TH LT RT+TH LT 1086 22 1115 184 .974 .120 .591 .691 17.8 20.2 .48 .11 20.9 .3 .0 .0 .0 .0 1.00 1.00 38.6 20.5 D+ C+ 0 0 38.2 D+ 1108 WB NB RT TH LT RT TH RT+TH LT 112 57 3094 1805 4.0 4.0 7.8 8.0 .087 .089 270 160 .T415 .356 .036 .032 * * Total lost, L WB RT TH 02/26/08 09:53:10 EB LT RT TH LT RT+TH LT 1072 35 1897 1805 4.0 4.0 53.2 5.0 .591 .056 1120 100 .957 .350 .565 .019 0 133 .0 57.2 .635 84 .000 .000 16.0 NB LT RT TH RT+TH LT 112 57 270 .415 .087 38.9 .11 1.0 .0 .0 1.00 39.9 D+ 160 .356 .089 38.6 .11 1.4 .0 .0 1.00 39.9 D+ 0 0 39.9 D+ 169 Intersection: Delay 36.7 LOS D+ RT+TH LT 31 38 3127 1805 4.0 4.0 7.8 8.0 .087 .089 273 160 .114 .237 .010 .021 EB LT RT TH LT RT+TH LT 1072 1120 .957 .591 17.4 .47 17.5 .0 .0 1.00 34.9 C 0 35 184 .190 .691 20.4 .11 .5 .0 .0 1.00 20.9 C+ 0 34..4 C 1107 RT+TH LT 31 38 273 .114 .087 37.9 .11 .2 .0 .0 1.00 38.1 D+ 0 160 .237 .089 38.2 .11 .8 .0 .0 1.00 38.9 D+ 0 38.5 D+ 69 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 02/26/0 111N 40TH AVENUE & CASTLEVALE ROAD 09:53: 1 EXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 Phase 3$ Phase 4 I **/** /I\ 'North *> <+ m + A * * * * ++++ v G/C=0.056 1 G/C=0.591 1 G/C=0.089 I G/C=0.087 G= 5.0" 1 G= 53.2" G= 8.0" ( G= 7.8" Y+R= 4.0" 1 7+R= 4.0" 1 Y+R= 4.0" I Y+R 4.0" Off= 0.0% Off=10.0% 1 Off=73.5% ( Off=86.8% C= 90 sec G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% •MVMT TOTALS SB Approach WB Approach NB Approach EB Approach Int! Param:Units RT TH LT RT TH LT RT TH LT RT TH LT Total AdjVol: vph 43 1043 22 108 4 57 13 1059 35 28 3 38 2453 Wid/Ln:ft/# 0/0 12/1 12/1 0/0 24/2 12/1 0/0 12/1 12/1 0/0 24/2 12/1 g/C Rqd@C:% 0 60 0 0 14 14 0 59 0 0 12 13 g/C Used: % 0 59 6 0 9 9 0 59 6 0 9 9 SV @E: vph 0 1115 176 0 255 142 0 1120 176 0 258 142 3384 Svc Lvl:LOS D+ C+ D+ D+ C C+ D+ D+ D+ Deg Sat:v/c 0.00 0.97 0.12 0.00 0.41 0.36 0.00 0.96 0.19 0.00 0.11 0.24 0.89 HCM Del:s/v 0.0 38.6 20.5 0.0 39.9 39.9 0.0 34.9 20.9 0.0 38.1 38.9 36.7 Tot Del:min 0 175 2 0 19 9 0 156 3 0 5 6 375 # Stops:veh 0 262 2 0 27 13 0 252 3" '0 7 9 575 Queue 1:veh 0 51 0 0 3 3 0 48 1 0 1 2 51 Queue 1: ft 0 1270 10 0 68 65 0 1206 17 0 18 43 1270 • 0 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/09 N 40TH AVENUE & CASTLEVALE ROAD 09:25:51 40012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 I II I Key: VOLUMES -- > 1 42 1 1019 1 21 11 I 1 WIDTHS 1 0.0 1 12.0 1 12.0 11 1 v LANES 1 0 1 1 1 1 11 I 1 1 11 \ 85 0.0 0 / I \ /I\ 3 24.0 2 I 29 12.0 1 / 2 24.0 2 -- 1 + / 45 12.0 1 North 21 0.0 0 \ II i 1 I 1 34 1 1034 1 13 1 Phasing: SEQUENCE 44 1 11 12.0 112.0 1 0.0 1 PERMSV YNYN 1 11 1 1 1 1 0 1 OVERLPNNNN 1 11 1 1 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT Heavy veh, %HV .0 .0 .0 .0 .0 -.0 .0 .0 .0 .0 .0 .0 Pk -hr fact, PHF .92 .92 .92 .74 .74 .74 .92 .92 .92 .72 .72 .72 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /1\ North 1 SI C= 90" G= 5.0" G= 56.8" G= 6.0" G= 6.2" 1 G= 0.0" G= 0.0" Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" 1 Y+R= 0.0" Y+R= 0.0" * * *> <+ m + A * * * * ++++ v DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & CASTLEVALE ROAD 41) 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT • • SIGNAL2000/TEAPAC[Ver 2.70.071 - HCM Volume Adjust & Satflow Worksheet Volume Adjustment volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH WB LT RT TH 42 1019 21 .92 .92 .92 46 1108 23 RT+TH LT 1154 23 .000 1.00 .040 .000 SB RT TH NB LT RT TH 85 3 45 .74 .74 .74 115 4 61 RT+TH LT 119 61 .000 1.00 :966:,000 WB LT RT TH 03/24/09 09:25: 410 EH LT RT TH LT 13 1034 34 .92 .92 .92 14 1124 37 21 2 29 .72 .72 .72 29 3 40 RT+TH LT RT+TH LT 1138 37 32 40 .000 1.00 .000 1.00 -.012 .000 - .906 .000 NB LT RT TH EB LT RT TH LT 1900 1900 1900 1900 1900 1900 1900 1900 1 1 2 1 1 1 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.0 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 .066 1.000 .950 1.000 .066 1.000 .950 .994 1.00 .855 1.00 .998 1.00 .864 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1889 125 3093 1805 1896 125 3126 1805 .000 .950 .000 .950 0 1805 0 1805 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 40TH AVENUE & CASTLEVALE ROAD 012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet 03/24/09 09:25:51 Capacity SB WB NB EB Analysis RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG RT+TH LT RT+TH LT RT+TH LT Adj Flow, v 1154 23 119 61 1138 37 Satflow, s 1889 1805 3093 1805 1896 1805 Lost time, tL 4.0 4.0 4.0 4.0 4.0 4.0 Effect green, g 56.8 5.0 6.2 6.0 56.8 5.0 Grn ratio, g/C .631 .056 .069 .067 .631 .056 LG capacity, c 1192 100 212 121 1197 100 v/c ratio, X .966 .230 .561'.504" .951 '.370 Flow ratio, v/s .611 .013 .038 .034 .600 .020 Crit lane group * * * * Permitted Phase of Compound LTs Adj Flow, v 0 0 Satflow, s 125 125 Lost time, tL .0 .0 Effect green, g 60.8 60.8 Grn ratio, g/C .676 .676 G capacity, c 84 84 /c ratio, X .000 .000 low ratio, v/s .000 .000 Crit lane group Sum crit v/s,Yc 0.7.04 Crit v/c, Xc .856 Delay and LOS Lane group, LG Adj Flow, v LG cetpacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Total lost, L 16.0 RT+TH LT 32 40 3126 1805 4.0 4.0 6.2 6.0 .069 .067 214 121 .150. .331 .010 .022 SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT RT+TH LT 1154 23 1192 184 .968 .125 .631 .731 15.7 21.4 .48 .11 18.8 .3 .0 .0 .0 .0 1.00 1.00 34.6 21.7 C C+ 0 0 RT+TH LT RT+TH LT RT+TH LT 119 61 1138 37 32 40 212 121 1197 184 214 121 .561 .504 .951 .201 .150 .331 .069 .067 .631 .731 .069 .067 40.6 40.5 15.3 21.6 39.4 40.1 .16 .11 .46 .11 .11 .11 3.4 3.4 15.7 .5 .3 1.6 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 1.00 1.00 1.00 1.00 1.00 1.00 44.0 43.9 31.0 22.1 39.8 41.7 D+ D+ C C+ D+ D+ 0 0 0 0 0 0 r delay, dA 34.3 44.0 30.7 40.8 illEroach LOS C D+ C D+ r flow, vA 1177 180 1175 72 Intersection: Delay 33.5 LOS C DOC. INDEX # II -3 TOSCANA DEVELOPMENT N 40TH AVENUE & CASTLEVALE ROAD 4110 2012 PM PEAR HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 I Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 **/** North 1 <+ m + A **** ++++ v G/C=0.056 G= 5.0" Y+R= 4.0" Off= 0.0% G/C=0.631 G= 56.8" Y+Rr 4.0" Off=10.0% G/C=0.067 G= 6.0" Y+R= 4.0" Off=77.6% G/C=0.069 G= 6.2" Y+R= 4.0" Off=88.7% C= 90 sec MVMT TOTALS 4111Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft • 03/24/09 09:25: 0 G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% SB Approach RT TH LT 46 1108 0/0 12/1 O 63 O 63 O 1192 WB Approach RT TH LT 23 115 4 12/1 0/0 24/2 0 0 14 6 0 7 175 0 194 61 12/1 14 7 102 NB Approach RT TH LT 14 1124 0/0 12/1 O 62 O 63 O 1197 EB Approach Int RT TH LT Total 37 29 3 40 2604 12/1 0/0 24/2 12/1 0 0 12 13 6 0 7 7 175 0 196 102 3333 C C+ D+ D+ C C+ D+ D+ 0.00 0.97 0.13 0.00 0.56 0.50 0.00 0.95 0.20 0.00 0.15 0.33 0.0 34.6 21.7 0.0 44.0 43.9 0.0 31.0 22.1 0.0 39.8 41.7 O 166 2 0 22 11 0 147 3 0 5 7 O 274 2 0 29 15 0 262 3 0 8 10 C 0.89 33.5 363 603 O 52 0 0 3 3 0 50 O 1312 9 0 77 74 0 1240 1 0 1 2 52 16 0 19 47 1312 0 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/09 41, 40TH AVENUE & CASTLEVALE ROAD 09:25:51 012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1177 180 1175 72 2604 Svc Lvl:LOS C D+ C D+ C Deg Sat:v/c 0.95 0.54 0.93 0.25 0.89 HCM Del:s/v 34.3 44.0 30.7 40.8 33.5 Tot Del:min 168 33 150 12 , 363 # Stops:veh ` 276 44 265 18 603 Queue 1:veh 52 3 50 2 52 Queue 1: ft 1312 77 1240 47 1312 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/09 N 40TH AVENUE & CASTLEVALE ROAD 14:16:38 • 2012 PM PEAK HOUR VOLUMES WITH PROJECT 1111 4111 SIGNAL2000/TEAPAC[Ver 2.70.07] - ECM Input Worksheet • • Intersection # 1 - Area Location Type: NONCBD 1 1 1 11 I Key: VOLUMES -- > 1 63 1 1019 1 21 11 I 1 WIDTHS I 0.0 112.0 12.0 11 I v LANES 1 0 I 1 1 1 II - 1 1 1 11 \ 85 0.0 0 / I \ /I\ -- 3 24.0 2 1 1 41 12.0 1 / + / 45 12.0 1 North 2 24.0 2 35 0.0 0 \ 1 / 1 I 57 1 1034 1 13 1 Phasing: SEQUENCE 44 1 1 12.0 1 12.0 1 0.0 1 PERMSV YNYN I 1 1 1 1 I 0 1 OVERLP NNNN 1 1 1 1 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH Heavy veh, %HV .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 Pk -hr fact, PRF .92 .92 .92 .74 .74 .74 .92 .92 .92 .72 .72 .72 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 Bike vol, vbic 0 0 0 Parking locatns NO NO NO Park mnvrs, Nm 0 0 0 Bus stops, NB 0 - 0 0 Grade, %G .0 .0 .0 0 0 NO 0 0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /1-\ 1 1 North * * *> <+ m + A * * * * ++++ v s C= 90"I G= 5.0" 1 G= 57.0" 1 G= 5.9" 1 G= 6.1" 1 G= 0.0" 1 G= 0.0" I Y+R= 4.0" I Y+R= 4.0" 1 Y+R 4.0" 1 Y+R= 4.0" I Y+R= 0.0" 1 Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT 411111 N 40TH AVENUE 6 CASTLEVALE'ROAD 2012 PM PEAK HOUR VOLUMES WITH PROJECT i SIGNAL2000/TEAPAC(Ver 2.70.07] - EQ4 Volume Adjust 6 Satflow Worksheet Volume Adjustment SE RT TH LT Volume, V 63 1019 21 Pk -hr fact, PHF .92 .92 .92 Adj my flow, vp 68 1108 23 Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo RT+TH LT 1176 23 .000 1400, .058 .000 SB RT TH LT 1900 1900 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 .066 .991 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1884 125 .000 .950 0 1805 WB RT TH NB LT RT TH LT RT 04/17/09 14:16:38 EB TH LT 85 3 45 13 1034 57 35 2 .74 .74 .74 .92 .92 .92 .72 .72 115 4 61 14 1124 62 49 3 RT+TH LT 119 61 .000 1.00 .966 .000 WB RT TH RT+TH LT 1138 62 .000;;1,00 .012 .000 NB LT RT TH 41 .72 57 RT+TH LT 52 57 .000 1.00 .942 .000 EB LT RT TH LT 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 .950 1.000 .066 1.000 .950 .855 1.00 .998 1.00 .859 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3093 1805 1896 125 3106 1805 .000 .950 0 1805 DOC. INDEX # H-3 • • TOSCANA DEVELOPMENT 04/17/09 N 40TH AVENUE & CASTLEVALE ROAD 14.16 2012 PM PEAK HOUR VOLUMES WITH PROJECT . SIGNAL2000/TEAPAC(Ver 2.70.07j - HCM Capacity and LOS Worksheet Capacity SB WB NB EB Analysis RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG RT+TH LT RT+TH LT RT+TH LT Adj Flow, v 1176 23 119 61 1138 62 Satflow, s 1884 1805 3093 1805 1896 1805 Lost time, tL 4.0 4.0 4.0 4.0 4.0 4.0 Effect green, g 57.0 5.0 6.1 5.9 57.0 5.0 Grn ratio, g/C .633 .056 .067 .066 .633 .056 LG capacity, c 1193 100 209 119 1201 100 v/c ratio, X .986 .230 :569 .513 .948 .620 Flow ratio, v/s .624 .013 .038 .034 .600 .034 Crit lane group * * * * Permitted Phase of Compound LTs Adj Flow, v 0 0 Satflow, s 125 125 Lost time, tL .0 .0 Effect green, g 61.0 61.0 Grn ratio, g/C .678 .678 LG capacity, c 84 84 v/c ratio, X .000 .000 Flow ratio, v/s .000 .000 Crit lane group Sum crit v/s,Yc 0.731 Crit v/c, Xc .889 Total lost, L 16.0 RT+TH LT 52 57 3106 1805 4.0 4.0 6.1 5.9 .067 .066 210 119 .248 .479 .017 .032 • Delay SB WB NB EB and LOS RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi RT+TH LT 1176 23 1193 184 .986 .125 .633 .733 16.1 21.4 .49 .11 22.6 .3 .0 .0 .0 .0 1.00 1.00 38.7 21.7 D+ C+ 0 0 RT+TH LT RT+TH LT 119 61 1138 62 209 119 1201 184' .569 .513 .948 .337 .067 .066 .633 .733 40.7 40.6 15.1 22.0 .16 .12 .46 .11 3.7 3.7 15.1 1.1 .0 .0 .0 .0 .0 .0 .0 .0 1.00 1.00 1.00 1.00 44.4 44.4 30.3 23.1 D+ D+ C C+ 0 0 0 0 RT+TH LT 52 57 210 119 .248 .479 .067 .066 39.8 40.5 .11 .11 .6 3.0 .0 .0 .0 .0 1.00 1.00 40.4 43.6 D+ D+ 0 0 Appr delay, dA 38.4 44.4 29.9 42.1 40 Approach LOS D+ D+ C D+ • Appr flow, vA 1199 180 1200 109 Intersection: Delay 35.1 LOS D+ DOC. INDEX # I3-3 TOSCANA DEVELOPMENT 40TH AVENUE 6 CASTLEVALE ROAD 012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 Phase 2 1 Phase 3 1 Phase 4 **/** North * * *> <+ m + A * * * * ++++ v G/C=0.056 G= 5.0" Y+R= 4.0" Off= 0.0% G/C=0.63 G= 57.0 Y+R= 4.0 Off=10.0 3 1 G/C=0.066 " 1 G= 5.9" " 1 Y+R= 4.0" % 1 Off=77.8% G/C=0.067 G= 6.1" Y+R= 4.0" Off=88.8% C= 90 sec G= 74.0 sec = 82.2% Y=16 HVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh• Queue 1:veh Queue 1: ft • SB Approach RT TH LT 68 1108 23 0/0 12/1 12/1 O 64 0 O 63 6 O 1193 175 WB Approach RT TR LT 115 4 61 0/0 24/2 12/1 O 14 14 O 7 7 O 191 100 .0 sec = 17.8% NB Approach RT TH LT 14 1124 0/0 12/1 0 62 0 63 0 1201 62 12/1 1 6 175 04/17/09 14:16:38 Ped= 0.0 sec = 0.0% EB Approach Int RT TH LT Total 49 3 57 2688 0/0 24/2 12/1 O 13 14 O 7 7 O 192 100 3327 D+ C+ D+ D+ C C+ D+ D+ 0.00 0.99 0.13 0.00 0.57 0.51 0.00 0.95 0.34 0.00 0.25 0.48 0.0 38.7 21.7 0.0 44.4 44.4 0.0 30.3 23.1 0.0 40.4 43.6 O 190 2 0 22 11 0 144 6 0 9 10 O 287 2 0 29 15 0 261 5 0 '12 14 D+ 0.89 35.1 394 625 O 56 O 1397 0 0 3 3 0 49 9 0 77 74 0 1230 1 0 1 3 56 30 0 32 68 1397 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/ N 40TH AVENUE & CASTLEVALE ROAD - 14:16 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach NB Approach NB Approach EB Approach Total AdjVol: vph 1199 180 1200 109 2688 Svc Lvl:LOS D+ D+ C D+ D+ Deg Sat:v/c 0.97 0.55 0.92 0.37 0.89 HCM Del:s/v 38.4 44.4 29.9 42.1 35.1 Tot Del:min 192 33 150 _ 19 394 # Stops:veh 289 44 266 26 625 Queue 1:veh 56 3 49 3 56 Queue 1: ft 1397 77 1230 68 1397 • DOC. INDEX # 11-3 1110 Rights Reserved ,reszosoly Version 4.1d Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # H-3 TWO-WAY STOP CONTROL SUMMARY 'neral Information Site Information • ency/Co. ;, -I,- Performed 2,26/2008 • - - Time Period Intersection Fechter & Castlevale Jurisdiction Analysis Year Fechter Road +• roject Description EXISTING PM PEAK HOUR VOLUMES astlWest Street: Castlevale Road orth/South Street: + ntersection Orientation: North-South tudy Period (hrs): 0.25 ehicle. Volumes and Adjustments i4.Sr jor Street > Northbound Southbound ovement 1 2 _ 3 4 5 6 L T R L T R olume 0 68 2 1 31 0 �•eak-Hour Factor, PHF 1.00 0.76 0.76 0.67 0.67 1.00 curly How Rate, HFR 0 89 • 2 1 46° i ' 0 • - -- nt Heavy Vehicles 0 — — 0 — I — edian Type Two Way Leff Tum Lane +- Channelized _ 0 0 s 0 1 0 1 1 0 . • nfiguration TR L T • - - Signal 0 0 inor Street Westbound Eastbound r • vement 7 8 9 10 11 12 L T R L T R olume 2 0 1 0 0 0 eak-Hour Factor, PHF 0.38 1.00 0.38 1.00 1.00 1.00 ourfy Flow Rate, HFR 5 0 2 0 0 0 • ercent Heavy Vehicles 0 - 00 0 0 0 ercent Grade (%) 0 0 = red Approach N N -. ••rage 0 I 0 - T Channelized 0 0 + - nes 0 0 0 0 0 0 • nfiguration - LR "a lay, Queue Length, and Level of Service .•proach , NB - - SB 1 : Westbound Eastbound ovement 1 4 7 8 9 10 11 12 !i = ne Configuration L LR (vph) 1 7 (m) (vph) 1517 865 /c 0.00 0.01 � % queue length 0.000.02 • ntrol Delay 7.4 _ 9.2 OS AA _ • proach Delay — — 9.2 •proach LOS — — A Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # H-3 • • TWO-WAY STOP CONTROL SUMMARY eneral InformationSite Information 1 alyst gency/Co. ate Performed 2/26/2008 nalysis Time Period intersection Fechter & Castlevale Jurisdiction Analysis Year Fechter Road _ Project Description 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT EasuWest Street Castlevale Road INort /South Street ntersection Orientation: North-South dy_ Period (hrs): 0.25 ehicle Volumes and Adjustments 1. ajor Street Northbound Southbound I ovement 1 2 3 4 5 6 L T R L T R olume 0 72 2 1 33• 0 Peak -Hour Factor, PHF 1.00 0.76 0.76 0.67 0.67 1.00 ourly Flow Rate, HFR ' 0 ` 94 2 1 49 0 Percent Heavy Vehicles 0 — _ — 0 — — edian Type Two Way Left Tum Lane - T Channelized 0 0 Lanes 0 1 0 1 1 0 onfiguration TR L T Upstream Signal 0 0 inor Street Westbound Eastbound ovement 7 8 9 10 11 12 LT - R L T R olume 2 0 1 0 0 0 Peak -Hour Factor, PHF 0.38 1.00 0.38 1.00 1.00 1.00 Hourly Flow Rate, HFR 5 0 2 0 0 0 , ercent Heavy Vehicles 0 s 0 0 0 _ 0 0 I-ercent Grade (%) 0 0 tared Approach N N torage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 onfiguration LR elay, Queue Length, and Level of Service pproach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 ne Configuration L LR (vph) — 1 7 C (m) (vph) _ 1510 859 a lc 0.00 0.01 - 5% queue length 0.00 0.02 - ontrol Delay _ 7.4 9.2 OS A A • .proach Delay — — 9.2 • •proach LOS _ — _ — _ A Copyright O 2003 Umrasity of Florida, All Rights Reserved Version 4 I d DOC. INDEX # H-3 r TWO-WAY STOP CONTROL SUMMARY General Information Site Information alyst gency/Co. IN ate Performed 2/26/2008 alysis Time Period _ Intersection Fechter & Castlevale Jurisdiction Analysis Year Fechter Road roject Description 2012 PM PEAK HOUR VOLUMES WITH PROJECT ast/West Street: Castlevale Road North/South Street: Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume 0 73 2 1 35 0 `i- -ak-Hour Factor PHF i. 1.00 0.76 0.76 0.67 0.67 1.00 1 ourly Flow Rate, HFR 0 96 2 1 52 0 i-ercent Heavy Vehicles 0 — — 0 — — r edian Type Two Way Left Tum Lane 'I- Channelized - 0 0 nes 0 1 0 1 1 0 onfiguration TR L T ' pstream Signal 0 _ 0 V. inor Street Westbound Eastbound ovement 7 8 9 10 11 12 L T R L T R olume 2 0 1 0 0 0 -eak-Hour Factor, PHF 0.38 1.00 0.38 1.00 1.00 1.00 ourly Flow Rate, HFR 5 0 2 0 0 0 -ercent Heavy Vehicles 0 0 0 0 0 0 -ercent Grade (%) 0 • 0 Flared Approach ( N I N ` . torage 0 0 T Channelized 0 0 -nes 0 0 0 0 0 0 • nfiguration [ LR May, Queue Length; and Level of Service • • proach NB SB Westbound Eastbound ovement 1 4 7 8 9 10 11 12 ane Configuration L LR (vph) 1 7 (m) (vph) 1508 856 lc 0.00 0.01 5% queue length - 0.00 0.02 a ontrol Delay 7.4 9.2 _ o OS A A s pproach Delay — — 9.2 • proach LOS — — A Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # H-3 • • TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information alyst • gency/Co. Late Performed 2/26/2008 • alysis Time Period Intersection Castlevale & Entrance Jurisdiction Analysis Year ;I-roject Description 2012 PM PEAK HOUR VOLUMES WITH PROJECT i astlWest Street Entrance North/South Street: Castlevale Road ntersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajar Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume 44 74 0 0 • 35 2 i-eak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow/ Rate; HFR 48 82 ` ' 0 0 . 38 2 1- ercent Heavy Vehides 0 i — — 0 1 — — i edian Type Two Way Left Turn Lane -T Channelized 0 0 • lanes 1 1 0 0 1 0 Configuration L T TR Upstream Sinal 0 0 Inor Street Westbound Eastbound ovement 7 8 9 10 11 12 L T R L T R olume 0 0 0 1 0 26 -eak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 1 ourly Flow Rate, HFR 0 0 0 1 0 28 i-ercent Heavy Vehides 0 0 _ 0 0 0 0 l-ercent Grade (%)0 0 ared Approach _ N N torage 00 .1- T Channelized — 0 0 anes 0 0 0 0 0 0 . nfiguration LR 1' elay, Queue Length, and Level of Service , . '. pproach NB SB Westbound—, Eastbound ovement 1 4 7 8 9 10 11 12 I - ne Configuration LLR ` (vph) 48 29 (m) (vph) 1583 1024 /c 0.03 0.03 5% queue length 0.09 0.09 • ntrol Delay 7.3 8.6 l OS A A • pproach Delay — — 8.6 pproach LOS — — A Copyright ® 2003 Uaivesity of Florida, All Rights Reserved Version 4.1d DOC. INDEX # H-3 9 ACOLDDOS 3924 SW. CAWL ET R. PORTLAND. OR 9183•70e3 7ELA<AJt 5034774M egtiea3cousties.com Keith Basham Envizage Development 200 Galloway Drive Yakima, WA•98908 p: (253)-405-0442 e: keith©envimagegroup.com Re: SEPA Acoustical report, Toscana Development, Yakima, WA April 20, 2009 RECEIVED MAY1 1' 2009 CITY OF YAKIMA PLANNING DIV. Envizage Development is the developer of the Toscana Development, Yakima, WA. This development is bound on the East and South side by Congdon Canal, Castievale Road is in the Northeast corner and Carriage Hill Estate is at the East. The City of Yakima requires a noise study as per SEPA On April 15 2009 A Acoustics conducted sound data collection to establish existing ambient sound levels. Measured location was (see Map I, taken from Google): near west end of Kem Way. This report contains findings and analysis of the measured sound data and analysis of the sound impacts of the proposed development. Noise Regulation This project is subject only to the City Yakima Noise Ordinance which is as follow: 6.04.180 Public disturbance noise A. Findings and Declaration of Necessity. The causing, making or maintenance of noises which unreasonably disturb the comfort, peace and repose of others, or the allowing of such noises to emanate from property, are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the city of Yakima. The necessity in the public interest for the provisions, controls and prohibitions of this section is declared to be a matter of legislative determination and public policy; and it is further declared that the provisions, controls and prohibitions of this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city of Yakima and its inhabitants. DOC Page 1 of 14 INDEX # L4 - A Acoustics April17, 2009 • 1111 B. Public Disturbance Noise. It is unlawful for any person to knowingly cause or make, or • • for any person in possession of property to knowingly cause, permit or allow to emanate there from any sound that is a public disturbance noise. c. Public Disturbance Noise Defined. A public disturbance noise is a sound which by its intensity, volume, frequency, duration or character unreasonably disturbs or interferes with the peace, comfort and repose of others. D. Specific Noises Prohibited. The following sounds are determined to be public CITY OF Mum disturbance noises in violation of this section; however, the following enumeration shall not Fp LANN►NG DIV. be deemed to be exclusive: 1. Motor Vehicle Horns, Etc. The frequent, repetitive, continuous or unnecessary sounding of any horn, siren or signaling device attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Engine Noises in Residential Areas. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential area so as to unreasonably disturb or interfere with the peace, comfort and repose of residential occupants within the area; 3. Yelling, Shouting, Etc. Loud and raucous yelling, shouting, hooting, whistling, or singing at a place so as to unreasonably disturb or interfere with the peace, comfort and repose of occupants of real property; 4. Musical Instruments, Sound Systems, Etc. The creation or allowing of frequent, repetitive or continuous sounds which emanate from any building, structure, residence, apartment or condominium which unreasonably disturbs or interferes with the peace, comfort and repose of others, or which is plainly audible greater than fifty feet from the edge of the source's property line, such as sounds from musical instruments, audio sound systems, television sounds, band sessions or social gatherings. Plainly audible means a sound easily understood or identified; 5. Motor Vehicle Sound Systems. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be plainly audible greater than fifty feet from the vehicle itself. Plainly audible means a sound easily understood or identified; RECEIVED MAY 1 1 2009 6. Portable Audio Equipment. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated on property open to the public at a volume so as to be plainly audible fifty feet or more from the source; however, if operated upon the property of the operator or other private property, at a volume so as to be plainly Audible greater than fifty feet from the property. Plainly audible means a sound easily understood or identified. E. Disturbing Noise Factors. Included among the factors which may be considered in determining whether any sound is unreasonably disturbing, but not limited thereto are: 1. Time of day; Toscana Development, Acoustical Evaluation DOC. INDEX Page 2 of 14 0 • i A Acoustics April 17, 2009 2. Whether the day is a weekday, Sunday or holiday; 3. Nature and character of the sound; RECEIVED 4. Volume of the sound; MAY 1 1 2009 5. Duration of the sound; CITY OF YAKIMA PLANNING DIV. 6. Frequency or continuity of the sound; 7. Degree of necessity of the sound in relation to the activity producing or generating it; 8. Degree of necessity of the activity producing or generating the sound in relation to the affected area; 9. Legal character of the affected area; and 10. Actual character of the affected area. F. Exemptions. The following sounds are exempt from the provisions of this chapter. 1. Sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations; 2. Sounds created by safety and protective devices, such as relief valves, where noise uppression would defeat the safety release intent of the device; 3. Sounds created by the fire alarms; 4. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; 5. Sounds created by the discharge of firearms in the course of lawful hunting or lawful target practice activities; 6. Sounds originating from forest harvesting and silviculture activity, and from commercial agriculture; 7. Sounds created by auxiliary equipment on motor vehicles used for highway maintenance; 8. Sounds created by off-highway vehicles while being used in officially designated off- road vehicle parks. Such off-road vehicles are nevertheless subject to the provisions of RCW 46.09; 9. Sounds created by warning devices not operated continuously for more than thirty minutes per incident; Toscana Development, Acoustical Evaluation DOG. INDEX Page 3 of 14 $ A Acoustics April 17, 2009 • 10. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by operating on the railroad; • • 11. Sounds created by refuse removal equipment; 12. Sounds originated from officially sanctioned parades and other public events; 13. Sounds created by motor vehicles while being driven upon public highways. Such motor vehicles are nevertheless subject to the provisions of WAC Chapter 173-62; 14. Sounds originating from motor vehicle racing events at authorized facilities; 15. Sounds created by construction or lawn and garden equipment from•six a.m. to ten p.m. weekdays and from eight a.m. to ten p.m. Sundays and legal holidays; 16. Sounds created by lawfully established commercial and industrial uses; 17. Sounds originating from regularly scheduled events at parks, such as public address systems for baseball games or park concerts; and 18. Sounds permitted under noise and parade permits issued under the provision herein Receive) Mar 1 1 2009 COY OF YAK/ oprovided. PLANNING p MA G. Noise Permit and Parade Permit as Exceptions. 1. Noise Permit. The office of code administration may grant a permit to make noise or perform acts otherwise controlled or prohibited by this section upon application by a person specifying the nature and extent of noise to be made or continued, or the act to be performed, upon a determination by the office of code administration that to deny the permit under the circumstances surrounding the making of the application would create an undue hardship upon the applicant and upon a further determination by the office of code administration that to grant the permit would not create an undue or prolonged hardship on others for whose benefit and protection the noise or act is prohibited by this section. Any permit so granted may, contain conditions or requirements upon which it is granted.as the office of code administration deems necessary to minimise the adverse effect upon the people of the community or surrounding neighborhood which may be affected by granting the permit, and the permit shall specify a reasonable time for which it is to be effective. In addition to the basis of undue hardship as a standard for granting such a permit, the office of code administration may grant such a permit upon his determination that: (a) The granting of the permit is necessary to allow applicant to modify his customary activities so as to comply with this section, if the office of code administration determines that such customary activity of applicant was not originally undertaken or performed under circumstances and in a manner evidencing a total disregard for the rights of others; Toscana Development, Acoustical Evaluation DOC. INDEX # Page4of14 O • 1 i A Acoustics April 17, 2009 (b) The activity, operation or noise source will be of a temporary duration and cannot reasonably be performed or controlled in such a manner so as to comply with the provisions of this section; or (c) The activity creating the noise constitutes a program of a temporary nature for the benefit of the entire municipality or for the benefit of a charitable purpose. 2. Offenses. It is unlawful for any person to knowingly join or participate in any activity conducted in violation of any term of any permit granted by this chapter. 3. Parade and Motorcade Permits. The provisions, controls and prohibitions of this section shall not apply to noise made and acts performed by bona fide participants in a parade or motorcade authorized by a permit issued pursuant to the provisions of Section 9.70.010 et seq. H. Public disturbance noise is a misdemeanor. '(Ord. 2004-15 § 4,'2004: Ord. 94-22 § 13, 1994; Ord 3385 § 1, 1991: Ord. 2159 § 1, 1978; Ord. 1329 § 1, 1971: Ord. A-236 § 1(33), 1917). Toscana Development, Acoustical Evaluation DOC. INDEX RECEIVED MAY 1 1 2009 CITY OF YAKIMIA PLANNING DIV Page 5 of 14 • • A Acoustics April 17, 2009 MAP I Site Map with Sound Recording Location MAY 1 1 2009 CITY OF YAKIMA NINO DIV. ^"'� ec►ser Ka ft:5?T siTr • .• t �-;t 1 y4C - P • 41. rey Toscana Development, Acoustical Evaluation D INDEX Page 6 of 14 • • i A Acoustics 81-4.NT Pt • - April 17, 2009 MAP 11 Site Map of the Proposed Development SFewas- tag arZattliff /f jf l I l _.` ` \� LYS argantee 1 orio7 mer'9.va— Wiriutlaa Toscana Development, Acoustical Evaluation 1 muws.Tara, • _-,tett: .110:014•04•41-. 40.1itterrst ewa' s231 i -awes 1- 4 acr.xa f,CS" lei RECEIVED MAY 1 1 2009 CRY OF YAPQMA PLANNo4 O;V DOC. INDEX Page 7of14 A Acoustics April 17, 2009 1111 Data collection of existing noise and analysis procedure A precision sound pressure level meter (Type 1) was placed at the Recording Station (see Map 1). Sound data and a calibration signal were recorded into an acoustical computer. Observations of ambient and other noise sources such as wind, traffic and other pertinent factors were noted during the data collection intervals. Data was computer time -stamped at one -second intervals. • • During data collection weather conditions were lightly cloudy with air temperature at 55° F, no rain, no perceptible wind. Loudest ambient sound was from vehicular traffic. Additional sound included birds, dogs, and airplanes. RECEIVED Sound Descriptions A -weighting Generally, the sensitivity of human hearing is restricted to the frequency range of 20 Hz to 20,000 Hz. The human ear, however, is most sensitive to sound in the 500 to 8,000 Hz frequency ranges. Above and below this range, the ear becomes progressively less sensitive. To account for this feature of human hearing, sound level meters incorporate a filtering of acoustic signals according to frequency. This filtering is devised to correspond to the varying sensitivity of the human ear to sound over the audible frequency range. This filtering is called A -weighting. Sound pressure level values obtained using this weighting are referred to as A -weighted sound pressure levels and are signified by the identifier dBA. To provide some perspective, the following figure gives typical A -weighted sound pressure levels of various common sounds. An important feature of the human perception of continuous sound is that an increase or decrease in sound pressure level by 3 dB or less is barely perceptible; an increase or decrease of 5 dB is clearly perceptible; and an increase or decrease of 10 dB is perceived as a doubling or halving of noise level. Toscana Development, Acoustical Evaluation loudness level ratio 128 130 64 120 ;--- 32 110 Threshold of pain MAY 11 2009 CITY OF YAKIMA PLANNING DIV. Jet aircraft take -off at 100 - - Riveting machine at operator s position a 16 ! 100 - Cut-off saw at operator's position CD Automobile horn al 10' 8 TO • 90 - - Industrial boitcr room m Bulldozer at 50 I � 4 ! • 80 Sports car inter,or at 60 mph j a Diesel locomotive ut 600' 2 ▪ 70 Quiet a;r compressor at boa' 0 o n 1 - • 60 - -- Normal conversational speech at 5.-10' t 3 1/2 i 50 -- - Open office area background level 1/4 40 -- ResidenVa! with soft radio rn.,sic Residential backgrounc level 1/8 30 - --j Softwh°spec at 2' Recording studio 1/16 —• — 20 '-- i Concert ha'I DOC. INDEX # 14_� Page8ofl4 O O • • A Acoustics April 17, 2009 Environmental Noise Descriptors Besides frequency and level, environmental sounds exhibit a time -varying or temporal characteristic. The temporal character of noise level can be illustrated by considering noise levels that occur near a highway. During the day, noise levels are generally high, increasing to higher peaks when a noisy truck passes and decreasing to a lower level between vehicle platoons. At night, when traffic volumes are lower, the same variation occurs, but is centered on a lower level. Noise descriptors are quantifications of noise that combine, into a single value, the three chief features of environmental noise: level, frequency and temporal characteristics. The use of A -weighted sound pressure level combines the first two characteristics - level and frequency - into a single number. Then, by averaging A-weighted'sound pressure levels over time in various fashions, noise descriptors that combine all three features can be developed. A commonly used descriptor is percentile A -weighted sound levels, A - weighted sound pressure levels exceeded for specific percentages of time within a noise monitoring period. For example, the one-hour 50 -percentile A - weighted noise level, symbolized as the L50 (1 hour), is the A -weighted noise level exceeded a total of 30 minutes out of a continuous 60 -minute period. Likewise, the L10 (20 minutes) is the A -weighted noise level exceeded a total of two minutes out of a continuous 20 -minute period. Percentile A -weighted noise levels most often are used to assess the time - varying character of noise. The residual noise level (defined as the nearly constant, low level of noise produced by distant motor vehicle traffic or industrial activity) is indicative of the lowest Level in a monitoring period Residual noise level is commonly defined as the L90, i.e., the A -weighted sound level exceeded 90% of a monitoring time period. Intrusive noise is characterized as a high noise level that endures for only a short period and is produced by such events as aircraft flyovers and truck passbys. Intrusive noise level is often defined as the Li0i i.e., the A -weighted sound level exceeded 10% of a monitoring time period. Although the L10 is useful for under- standing environmental noise, it is no longer used by any federal agency in setting standards. Instead, the equivalent sound level has become commonly adopted as discussed below. Equivalent Sound Level For several years, the U.S. Environmental Protection Agency (EPA) has encouraged the use .of the equivalent sound level: a descriptor that uses the average A -weighted energy and differs significantly from 50th percentile, or median, sound pressure level. Unlike the 50th percentile sound level which is not influenced by peak noise levels of short duration, the equivalent sound level is. Therefore, the A -weighted equivalent sound level combines level, frequency, and temporal character into a single -valued descriptor. Equivalent sound level,: symbolized as Ley, is. always higher than the L50), as it is influenced by noise contributions of high level and short duration such as aircraft flyovers or noisy truck passbys. Toscana Development, Acoustical Evaluation DOC. INDEX # N - RECEIVED MAY 1 1 ZUU9 CITY OF Yi I i t, PLANNING DIV Page 9 of 14 • A Acoustics April 17, 2009 O Findings The existing ambient percentile A -weighted sound levels at the recording station were: L01 of 58 dBA, L10 of 49 dBA, L50 of44 dBA, and L90 of 41 dBA. The equivalent sound level was Lel of 47 dBA. The City regulation does not set a maximum decibel level not to exceed. The following graphs show sound level data. The following page represents one measurement interval and includes two graphical representations of the data as follows: 1: The top graph shows the sound level as recorded: The X-axis is time of the sound measurement and the Y-axis is sound level in dBA. 2. The bottom graph is the same data with data points sorted according to sound level and plotted against the percentage of the time period during which each sound level occurred. The X-axis is the percent of the measurement time and the Y-axis is sound level in dBA. This representation of the sound data is necessary to calculate the L50, L10 and L01 values. For example the L50 value is the sound level, in dBA, which was reached or exceeded during 50% of the measurement time period. Toscana Development, Acoustical Evaluation DOC. INDEX RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. Page 10 of 14 fo A Acoustics April 17, 2009 RECEIVED Sound Pressure Level dBA 63 58 53 48 43 38 4r4Y ti`'1C`�`, 4) ttlati ti ti*tiktiktisti sSoktr 9 41&.41 ti� ..P. Sound Level OA 10:50 AM April 15, 2009 MAY 1 1 2009 KIA P OF N,NGYAONM. 1 Sound Recording Time Most of the noise originates from vehicular traffic on N 40 Avenue. High peaks are from a pickup truck on Kern Way. The 10:58 and 11:12 sounds are from airplane. 65 60 Z55 m •v 50 m -0 45 0 (n 40 35 Statistical Noise Survey 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% % of Time Sound Level is Exceeded Toscana Development, Acoustical Evaluation DOC. INDEX Page 11 of 14 A Acoustics April 17, 2009 • o PREDICTED SOUND LEVELS • • Sound sources associated with the new development. These may include: 1. Traffic pattern changes on Castlevale Road, and N 40th Avenue. 2. Automobiles driving, idling. Car doors closing. 3. Condensers for HVAC units. 4. Gardening noise such as lawn mowing and leaves blowing. 5. Garbage trucks 6. Delivery trucks 7. Construction activity (during construction only) 8. Maintenance activity RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. HVAC sound emanates from heat pumps and air conditioning units may impact the residential unit nearby only. New construction sound may include the following: 1. Removal of existing structures trees and waste material 2. Placing utilities such as sewer water and gas piping and electricity. 3. Grading 4. Material delivery 5. Construction tools, vehicles, and activities. Much of construction sound comes from engines (mostly diesel) providing operating power and compressed air. Table 1 shows expected noise levels at a distance of 50 feet from construction equipment. Not all equipment listed in Table 1 will be used inthe construction. Sound from construction is specifically exempted from limitation by city code if such sound occurs during weekday day time hours 6:00 AM to 10:00 PM, weekends and holidays between 8:00 AM to 10:00 PM. It is recommended that construction sounds occur during the exempted time periods. Toscana Development, Acoustical Evaluation DOC. INDEX Page 12 of 14 • i A Acoustics April 17, 2009 RECEIVED Table 1 Construction Equipment and the Expected Noise at 50 feet MAY 1 1 2009 OF YAKIMA NNING DIV. NOISE LEVEL (d6A) AT SO FT to T 60 7Q BO 90 100 1 1/1W z Z.; z w z o F„ SCRAPERS, = O V Jcc w 1- m wn avi w O ►- z W o. Fi S`o W p z > o S x r t- W COMPACTERS (ROLLERS) H FRONT LOADERS BACKHOES I 1 TRACTORS, 4 1 GRADERS PAVERS TRUCKStr H 1 1 0 z a Z :c. J a it w a CONCRETE MIXERS CONCRETE PUMPS CRANES (MOVABLE) CRANES (DERRICK) 1 i H 1 1 1-1 a a I cn PUMPS GENERATORS COMPRESSORS I"'1 i 1 IMPACT EQUIPMENT PNEUMATIC WRENCHES JACK HAMMERS AND ROCK DRILLS PILE DRIVERS (PEAKS) 1----i ¢ X O VIBRATOR SAWS 1• 1 1 Note: Based on Limited Available Data Samples Toscana Development, Acoustical Evaluation DOC. INDEX Page 13 of 14 A Acoustics • CONCLUSION • • April 17, 2009 The existing ambient sound level at the property is Leq of 47 dBA. The City code does not set maximum allowable level in decibels for residential homes. The sound source recorded is primarily from vehicular traffic and other sound sources unrelated to this development. Normal vehicular sound from public roads is exempt from the code. The expected sound level from this development is similar to normal residential development. We trust that this letter adequately addresses the noise impact associated with development. If you have any question please call us at (503) 977-2690. Sincerely, A ACOUSTICS Elki M. Lahav, P.E. Principal Acoustical Engineer Toscana Development, Acoustical Evaluation DOC. INDEX RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING OW. Page 14 of 14 O O i May 7, 2009 Mr. Joseph Calhoun City of Yakima Planning Division 129 North 2°d Street, 2 Floor Yakima, WA 98901 Re: Planned Development and Preliminary Plat of Toscanna by Envizage Development Group Dear Joseph: -t) ENGINEERING & SURVEYING BRADLEY J. CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, ELT LOUIE W. WtSHERT, JR., Pts RICHARD L WEHR, PIS JOSEPH W. BAKER, PLS Envizage Development Group is requesting a variation to the City of Yakima standard residential roadway section. Since the development will be a gated development :with private roads and the general public will not have access to the streets within the development, they are requesting that they be allowed to have sidewaik on only one side of the street instead: of on both sides. The streetsection is going to be configured such that parking is allowed .only on one side of the street with the one sidewalk being located on that side. In areas where paging will not be allowed, the street cross-section will be 26 feet wide back to back of rolled curb. Please review the included proposed street cross-sections. If you have any questions, please give me a calL Sincerely, t>.._ RICHARD L. WEHR, P.L.S. Survey Manager RLW:jc Enclosures 1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993 • • 25' UNE SHOWN ON SITE PLAN 50' PRIVATE ROAD ROT -OF -WAY 25' 20' HIGH POLE UD -IT STREET TREES - SPACING PER STREET STANDARDS 12.5' '1 BUILDING SETBACK 2. I 10' DRY UTILITY ' I EASEMENT = . ‘' -./ s./.?\'' ',...,.//1",/ V,/ ASPHALT CONCRETE PAVEMENT CLASS A 2' COMPACTED DEPTH MINIMUM CSBC 6' COMPACTED DEPTH MINIMUM / SLOPE PER FINAL DEVELOPMENT PLANS 25' UNE SHOWN ON SITE PLAN / 9' (PARALLEL /` 5' PARKING STALL) SI DEW 2.0' 6 ■ (ol • -(? a0'0 0'0'0'0 0'0'0 00'0'0 0 0'� STORM DRAINAGE SYSTEM AS REOU/RED C'. 1O'-0" CLR. WA TER LINE SAN! TAR Y SEWER 3' MIN. gpg z 12.5' BUILDING SETBACK "1 1b' 2.• DRY UTIU EAME1T SLOP 4' CONCRETE OVER 2' CSTC (COMPACTED DEPTH) CEMENT CONCRETE ROLLED CURB AND GUTTER PER YAKIMA STD. DETAIL R1 GRAVEL BASE COMPACTED GRADE CITY OF YAKIMA RESIDENTIAL ROAD SECTION R-05 (MODIFIED WITH ROLLED CURB & PARALLEL PARKING) BECAUSE PROJECT WILL BE GATED AND TRAFFIC UMITED PRIMARILY TO ONSITE INHABITANTS, WE ARE PROPOSING TO HAVE 5' CONCRETE SIDEWALK ONLY ON ONE SIDE OF INTERIOR ACCESS ROADS OTYPICAL ROADWAY SECTION A -A SCALE 1' = 5' 1 1 r 0' 2.5' 5' 10' • 0 • 51 opext? STREET TREES - S'ACING'PER'SIREET STANDARDS 20' HIGH POLE UCHT 50' PRIVATE ROAD RIGHT-OF-WAY 12.5' 1 BUILDING SETBACK <C\\// '/ //'//\�' ASPHALT CONCRETE PAVEMENT LASS A 2' COMPACTED DEPTH MINIMUM CSBC 6' COMPACTED DEPTH MINIMUM j/�j��\\\�\\ STORM DRAINAGE SYSTEM A5 REQUIRED WATER LINE 12.5' BUILDING SETBACK 10' DRY UTIU EASDA T El stop y / \/'j\\A EPSR „c �\fid\, SANITARY SEWER 4' CONCRETE OVER 2 CSTC (COMPACTED DEPTH) CEMENT CONCRETE ROLLED CURB AND GUTTER PER YAKIMA STD. DETAIL R1 GRAVEL BASE COMPACTED GRACE CITY OF YAKIMA RESIDENTIAL ROAD SECTION R-05 (MODIFIED WITH ROLLED CURB & SIDEWALK) BECAUSE PROJECT WILL BE GATED AND TRAFFIC LIMITED PRIMARILY TO ONSITE INHABITANTS, WE ARE PROPOSING TO HAVE 5' CONCRETE SIDEWA ONLY ON ONE SIDE OF INTERIOR ACCESS ROAD •TYPICAL ROADWAY SECTION B -B SCALE 1" 5' 0' 2.5' 5' 10' • • 9 9 RESOLUTION NO. R -2009- A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Toscanna, LLC (hereinafter "Developer), property owners, to provide for the terms and conditions for a Master Planned Development and Preliminary Plat of property located in the vicinity of Castlevale Road and Seattle Slew Run (hereinafter "Project"). WHEREAS, the City of Yakima (hereinafter "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 36.708.170 - .210; 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, induding adoption of Yakima Urban Area Zoning Ordinance, which originally zoned the property Two -Family Residential; and WHEREAS, by application dated May 11, 2009, Developer proposed the planned development and subdivision of 11.05 acres of land, containing a portion of Assessor's Parcel Number 181315-31011, legally described in Exhibit "A", attached hereto and incorporated herein by this reference, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington (hereinafter "Subject Property); and WHEREAS, on May 18, 2009, the City issued a Notice of Application, Environmental Review, and Public Hearing for the Project; and WHEREAS, on June 12, 2009, the City issued a Final Mitigated Determination of Nonsignificance for compliance with the State Environmental Policy Ac* and WHEREAS, on July 9, 2009, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested Project and WHEREAS, on July 22, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation") regarding PD#001-09 and PLP#001-09 recommending that the Project be approved, subject to conditions; and at a dosed -record public hearing held on August 18, 2009, the City Council considered the requested rezone, including the documents and other evidence, which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and Qc)reslTo - Development Agreement • • • WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone; and WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decision for the execution of a development agreement between Developer and the City to implement the conditions set forth in the Final Decision; 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 CITU 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 Development Agreement, Exhibit "B", attached hereto and incorporated herein by this reference. 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 at a regular meeting and signed and approved this 18th day of August, 2009. ATTEST: City Clerk ac)res/Toscarma - Development Agreement David Edler, Mayor A 0 • • 5 • • • • DEPARTMJ' T OF COMMUNITY AND ECONOMIC 'ELOPMENT Planning Division 129 North Second Street. 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 www.buildingyakima.com • www.ci_ya.kuua.wa.uslservices/planningl NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION July 27, 2009 For the Record/File On July 9, 2009 the City of Yakima Hearing Examiner held an open record public hearing for the preliminary plat and planned development of Toscanna, Phase 1 (PD#001-09, PLP#001-09). The application was submitted by Envizage Development Group, to construct a residential development which consists of 66 common -wall lots and gated, private streets. The Hearing Examiner rendered his recommendation for approval, subject to conditions, on July 22, 2009. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The project is subject to hearing before City Council, which is tentatively scheduled for August 18, 2009. The City Clerks office will send official notices of the date of the hearing once it is set by City Council. For further information or assistance you may contact Joseph Calhoun, Assistant Planner at (509) 575-6162. Joseph Calhoun Assistant Planner Date of Mailing: July 27, 2009 Enclosure: Hearing Examiner's Recommendation Yakima toftd AHmefaah 'IIID 14.4 1111City of Yakima, Washington Office of the Hearing Examiner • • Master Planned Development and Preliminary Subdivision Application By Envizage Development Group For the 66 Unit Toscanna I Development in the R-1 and R-2 Zone at Castlevale Rd. and Seattie Slew Run. RECE, VEC JUL 2 2 20090 CITY OF !hKIM�; PLANNIA f?tt/ File No. PD #001-09, PLP #001-09 Hearing Examiner's Recommendation INTRODUCTION. Envi7age Development Group applied for a Master Planned Development Zoning Overlay and Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the Hearing Examiner and the applicant prior to the hearing. Staff analysis and recommendations, for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road. The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMMARY OF RECOMMENDATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. DOC. INDEX # 6_� • • i • JUL 2 2 20nY CITY Or YAKIMA 70 I.�3t&4 • ;a�,hr Based on the staff report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following FINDDINGS. 1. APPLICANT. The applicant is Envizage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. OWNER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908_ 3. LOCATION AND LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for unspecified future development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. CURRENT SITE CONDITIONS. An irrigation canal follows and demarcates the property's western boundary The western portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage easement runs from the southwest corner easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kern .Road extends to the property from the east from its intersection with North 40th Avenue. Electrical and telecommunications services, natural gas, and public water and sewer services are available in the vicinity. Page 2of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX • 7. CURRENT ZONING AND USE. The subject property is zoned Two -Family Residential (R-2) in the eastern portion and Single Family Residential (R-1) in the western portion. It was previously used as an orchard and contains a single family dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used for single family homes. Adjacent properties have the following characteristics: • • RECEIVED Location � Land Use North R -1/B-1 Residential/Vacant Land JUL 2 2 2009 South R -1/R-2 Residential CITY OF YAKIMA West R-1 Residential PLANNING DIV. Fast R -1/R-3 Re sidentiallMobile Home Park 8. COMPREHENSIVE PLAN. The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRONMENTAL REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights_ A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3 of 12 Toscana 1 PD #001-09, PLP #001-09 DOC. INDEX # G-( • • • • 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gaze to help emergency vehicles find their way to any type of emergency. 15. 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. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. The MDNS was not appealed. RECEIVED JUL 2 2 2009 CITY OF YAKIMh PLANNING DIV 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX • 10. PUBLIC NOTICES. —.-••••. c tiM �11L 2 2 2009 CITY OF YAli PLANNING This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. MASTER PLANNED DEVELOPMENT OVERLAY ANALYSIS. a. Master Plan Overlay Review Criteria. Generally, allowable u.ses in a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and O. Common wall units are single family residences sharing a common with other similar units at the lot boundary Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in YMC §15.28.040.D, and findings regarding the criteria are set forth in turn below. b. Does the Master Plan Development application demonstrate the economic and efficient • use of land and provide for an integrated and consistent development plan for the site? • The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide). - The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall residential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design? The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Page 5 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # _, • i • i The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City Standards at the expense of Homeowners Association established by the Development Agreement (AFN ) pertaining to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of development is completed? This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. No agency or public comments indicate that the respective phases cannot stand alone in the event that other phases are not developed. f. Does the Master Planned Development contain design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential significant off-site impacts including noise, shading, glare, and traffic been identijied and mitigation incorporated to the extent reasonable and practical? The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded RECEi��''h Page 6 of 12 Toscanna 1 PD #001-09, PLP #001-09 JUL < `ULJ U I Y lit YAKIMA PLANNING DIV. DOC. INDEX # G-/ • • • that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, resulting in the functional and visual appearance of one integrated project? The project is for a private/gated Master Planned Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. i. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. j. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district? There are no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this finding. k. Is the proposed development designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? • • This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVED 12. PRELIMINARY SUBDIVISION ANALYSIS a. Subdivision Review Criteria JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. Open record hearings on preliminary subdivision reviews are conducted to examine and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7of12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # G • • i • 4. As required by Chapter 58.17 RCW, the proposed subdivision must make appropriate provisions for: a. Public health, safety and general welfare, b. Open spaces, PERE j VED c. Drainage ways, d. Streets or roads, alleys, and other public ways, e. Transit stops, JUL G 2 1009 f: Potable water supplies, irrigation and other water suppliers, CIT f OF Kitti g. Sanitary waste disposal, pLANN1NG Oli/ h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. Other planning features that assure safe walking conditions for students who walk to and from school; Based upon those standards the Hearing Examiner is to make a fording that the public use and interest will be served through the approval of the subdivision. See YMC 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the staff report, the proposal satisfied zoning standards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the draft Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 12: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # G—I • This compatibility is reflected in the supportive public comments received from neighbors during the open record hearing. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by agencies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development standards. Those comments and proposed conditions are set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master Planned Development Overlay on the subject property, and, therefore ,serves the public use and interest. 13. JURISDICTION. • Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. • Based on the preceding findings, the Hearing Examiner makes the following • RECEIVED JUL 2 2 2009 CONCLUSIONS: CITY OF YAKIMA PLANNING DIV. 1. The Hearing Examiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and Planned Development applications.. 2. Subject to conditions identified through Planning Staff and Design Services Team review, the Master Planned Development Overlay application satisfactorily addresses the review criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as provided for YMC § 15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Page 9 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # G _f • • 9 i 4. Subject to conditions identified through Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC, the preliminary plat of Toscana I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) infrastructure, including public facilities and services needed to serve the development, and (4) the characteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicablereview'criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the preliminary plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. The application by Envizage Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and preliminary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application approval and shall be incorporated in the Development Agreement required for the Master Planned Development before its final execution. 2. All proposed construction is subject to plan review, inspections, and building permits. 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably unforeseen emergencies. Page 10 of 12 Toscanna I PD #001-09, PLP #001-09 RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX • • • B. Master Planned Development Overlay Conditions: JUL 2 2 2009 CITY OF YAKINi PLANNING D( 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch.. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a, sununary• of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo Type (2) Review. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. Prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association as provided in the Development Agreement, AFN 3. 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). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the final plat. Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattl& Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX • • i Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lor 40: 705 Seattle Slew Run Lot 62: '839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22"d DAY OF JULY, 2009. Page 12 of 12 Toscanna 1 PD #001-09, PLP #001-09 CK D. SPURGIN HE • G EXAMINER PRO TEM RECEIVED JUL 2 2 2009 CITY OF YAKIMt. PLANNING !YV DOC. INDEX # c -t • 6 • • • Exhibit D: Summary of Development Standards • • Development Agreement - 16 • • • Catalyss, LLC plans to create a Residential Master Planned Development on the Property. The elements of the Planned Development are described in Section 1.0 of this Development Agreement. Access to the planned development will be gated. The main entrance gate will have approximately 110 feet to the edge of the property line which is on Castlevale Road. The distance from the back gate to the property line next to Kern Road is approximately 120 feet. Both gates will be black wrought -iron. The Property will be developed in up to 15 phases, with streets terminating in circular gravel turnarounds until the completion of the final phases and the associated street completion. This development adheres to the definition of low impact development by utilizing existing storm water facilities and by retaining a portion of storm water onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that storm water facilities will be adequate. The paving width at the entrance of the site will be 45 feet wide, and the paving width at the gates will be 25 feet. Most private interior roads will have a 50 feet wide "right-of-way" and a 30 -foot travelled surface. This private/gated Master Planned Development will have open spaces for the use of residents. The area will contain design, landscaping, parking and traffic management along with appropriate setbacks, site screening, and buffers. Development Agreement - 17 • 7 • • • • • Exhibit E: Public Meeting Summaries Development Agreement - 18 • • • The Hearing Examiner held an open record hearing on July 9, 2009, and issued a recommendation for approval on July 22, 2009, subject to conditions. The Yakima City Council held a closed record public hearing on August 18, 2009. The Council approved Council Member Rodriguez's request to be recused from discussing the proposal because she lives in the area of the proposed development. Assistant Planner Joseph Calhoun described the development as a 66 -lot common -wall subdivision on the eastern portion of the property. The remainder of the property is being reserved for future development. City reviewed the Hearing Examiner's recommendation and explained that staff recommends approval. Assistant Mayor Cawley opened the closed record hearing and with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title; Council Member Ensey moved and Council Member over seconded the Motion to adopt the resolution. The motion carried by a 5-0 roll call vote; Edler absent, and Rodriguez recused. Development Agreement - 19 • 8 • • • • Development Agreement - 16 Exhibit F: Site Plan • MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF CATAL i SS IN THE SW 1/4 OF SEC. 15, T-13 N, R-18 E,W.M. LEGAL DCACIr101•4 PARCEL A IM Mal. m0 4430440,1 v M MINT v 1•01111 00 . MOM Y <ONO. NIN NICT. PM. 11 t0�ff ,l IO,M qua ,M GT. r�. ,nq NO MT MOM v M WThT[A ONO. 10 011010111.91 WM1134 OF M SOJMSir 000870. NCM =MGM, ONO= OF .11114107 MM. AT v M 9111111.1 114 7 ODUPC OM1GSN O v Mi k. r 0, 0 'M.NIT 0 ilO v M X00.1 GUM. OM 013MC40 NO %¢r b MONO. NOT 1.1111Q,. 1M1r v M. 10 ...PM WONT v 1. VC v NO =M MA, OO AT DC 03/114103T IMO T CO OACIILLT a N IYIA1m f�0 W 031104 mow EAir Y0* 140 WMRi t MOLLS CNN F¢NMOT � DC scuo MT caecaIN OF ocanorac 10 FONMAT1 OWOP 00 1Y1. Of 10311414311 GUNNER M� WMm v SWMBT ONYWN v Ma ZCO111INNS NMI Mer (FAST XOOM SWM UPC v MMVM 11081 v M MMM ONO vM OMOM. i 19 COOON M [N MM IMI IECNN : • 9 • • • • • Development Agreement - 17 Exhibit G: CC&Rs • • • 7-07-2015 After Recording Return to: DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR CATALYSS THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR CATALYSS (this "Declaration"), made effective upon its recording in the Official Records of Yakima County, Washington, is executed on the date set forth by the undersigned ("Declarant"). ARTICLE 1 BACKGROUND 1.1 Declarant is the owner of certain real property in the City of Yakima, Yakima County, Washington, which property and improvements are commonly known as Catalyss Development and is located on land more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"). 1.2 Declarant intends to create on that property a residential community known as Catalyss with permanently maintained Common Areas and easements for the benefit of the owners. 1.3 As is more particularly provided in this Declaration, the Property may be developed in phases. Phase 1 of the Property is more particularly described in Exhibit B attached hereto and incorporated herein ("Phase 1"). Initially, only Phase 1 is subject to this Declaration. Additional property, including all or any portion of the remaining Property and other property not described in this Declaration, may be annexed to and made a part of the Project by the recording of an appropriate amendment to this Declaration in accordance with 17.1. 1.4 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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\128047\200909\LAC\15452096.7 Page 1 • 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. • • 1.5 Declarant has incorporated the Catalyss Homeowners Association to provide a means for meeting the purposes and intents set forth in this Declaration. 1.6 This Declaration of Covenants, Conditions and Restrictions is created and filed pursuant to the laws of the State of Washington. ARTICLE 2 DECLARATION 2.1 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. 2.2 Upon completion of the Development Period (defined in Article 3 below), Declarant intends to delegate and assign to Catalyss 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. ARTICLE 3 DEFINITIONS 3.1 "ACC" means the Architectural Control Committee established pursuant to the terms of Article 8 (Architectural Control). 3.2 "Annual Assessments" shall mean Base Assessments, Reserve Account Assessments, and any Specific Assessments which may be levied by the Association in each of its fiscal years pursuant to the terms of -Article 7 (Assessments). 3.3 "Areas reserved to Declarant" means a perpetual, non-exclusive easement that through these CC&Rs, the Declarant has reserved unto itself and conveyed to the Association, 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. 3.4 "Association" means Catalyss Homeowners Association, a Washington nonprofit corporation, its successors and assigns. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 2 PDX\ 128047\200909\LAC\ 15452096.7 • • • 3.5 "Base Assessments" shall mean the assessments imposed upon all Lots for services rendered or expenses incurred by the Association pursuant to the terms of Section 7.3. 3.6 "Board" or "Board of Directors" means the duly elected and qualified Board of Directors of the Association. 3.7 "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." Builders are subject to this Declaration in the same manner as an Owner. 3.8 "Bylaws" means and refer to the Bylaws of the Association. 3.9 "Common Areas" means 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 Article 6 of this Declaration, or real property owned by the Association for the common use and enjoyment of the Owners including but not limited to access roads and easements. 3.10 "Common Area Facilities" means improvements to the Common Areas which periodically will need to be repaired and replaced. 3.11 "Declarant" means Catalyss, LLC, a Washington limited liability company, and its successors and assigns in an instrument signed by then current Declarant and recorded in the Official Records of Yakima County, Washington. 3.12 "Design Guidelines" shall mean the Design Guidelines adopted by the ACC or Declarant pursuant to Section 8.3, as amended or modified from time to time. 3.13 "Developer" means and refers to Catalyss, LLC, a Washington limited liability company and its successors and assigns. 3.14 "Development Period" means the period of time from the date of recording of this Declaration until one hundred eighty.,(180) days after the date upon which one hundred percent (100%) of the Lots within the Project, including such additional property as may be annexed as provided by Article 19 (Annexation and Conversion), have been sold by the Declarant or by Builders to persons other than Builders 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. 3.15 "Dwelling" means and refers 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. 3.16 "Federal Mortgage Agencies" means those federal agencies which have an interest in any Lot or Lots, or Common Areas, such as the Federal Housing Administration CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 3 • (FHA), the Veterans Administration (VA), the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation, or their successors to their interest. • • 3.17 "Foreclosure" means and includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement. 3.18 "First Mortgagee" means a lender who holds the first mortgage or deed of trust on a Lot and who has notified the Association in writing of its holdings. 3.19 "Governing Documents" means this Declaration and the Articles of Incorporation, Bylaws and Rules and Regulations of the Association, all as may be amended from time to time. 3.20 "Institutional Holder" means a mortgagee 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. 3.21 "Lot" means and refers to any plot of land shown upon any recorded final plat of the Project, excluding Common Areas. Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on such Lot. "Lot" shall not include any land shown on the final plat but dedicated to the public or to a governmental entity. 3.22 "Majority" means and refers to more than 50 percent (50%) of the Owners eligible to vote. 3.23 "Manager" means and refers to the person or entity appointed, hired or contracted by the Association to manage and operate the Property. 3.24 "Mortgage" shall include, except where stated to the contrary herein, a mortgage, deed of trust, real estate contract, or other security instrument. 3.25 "Occupant" means and refers 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 the Person's heirs, personal representatives, successors and assigns. 3.26 "Owner" means 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. 3.27 "Project" means any real property (including any improvements and structures thereon) as are now or hereafter subjected to this Declaration and brought within the jurisdiction of the Association. Initially, the Project is comprised of Phase 1. The Project shall also include any additional property, including all or any portion of the Property or other property not described in this Declaration, subsequently annexed to and made a part of the Project from time CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 4 • • • to time by the recording of appropriate amendment(s) to this Declaration in accordance with Section 17.1. 3.28 "Property" or "Community" means the entire real property developments subject to this Declaration. 3.29 "Reserve Account" means the financial reserves established through the Association's budgeting process for common elements that will normally require major maintenance, repair, or replacement, in whole or in part, within thirty (30) years, provided, however, that the Reserve Account need not include items that could reasonably be funded from Base Assessments or Specific Assessments or other funds or accounts of the Association, or items for which the Owners (and not the Association) are responsible for maintenance, repair and replacement under the terms of the Governing Documents. 3.30 "Reserve Account Assessments" shall mean assessments established pursuant to the terms of Section 7.5.3. 3.31 "Rules and Regulations" shall mean the rules and regulations adopted by the Association from time to time in accordance with the Bylaws. 3.32 "Special Assessments" means any special charges established pursuant to the terms of Section 7.6. 3.33 "Specific Assessments" means the charges imposed upon some, but less than, all Lots for services rendered or expenses incurred pursuant to Section 7.7. 3.34 "Use Restrictions" means and refer to the rules and use restrictions set forth in this Declaration as they may be modified, amended, repealed, limited, withdrawn or expanded. ARTICLE 4 DEVELOPMENT PERIOD 4.1 . Development Period. During the Development Period the Declarant shall appoint the Board of Directors of the Association and the ACC and shall have the authority to remove and appoint members of the Board of Directors and the ACC. The Declarant may also appoint and remove members of the Association to/from 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 Owners as the Declarant determines. The Declarant may also enter into service agreements, franchise agreements and other contracts for the management of the Association and the provision of services for the Project. 4.2 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 all phases of development, to ensure an orderly CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 12 8047\200909\LAC\ 1545 2096.7 Page 5 • • • transition of Association operations, and to facilitate the completion of construction of housing units. 4.3 Special Declarant and Builder Rights. 4.3.1 So long as Declarant owns any Lot within the Project, Declarant shall have the right to construct and maintain upon portions of the Common Areas and any Lots owned by Declarant such facilities and activities as Declarant, in its sole opinion, may require or desire in connection with the construction and sale of Dwellings and Lots within the Project, including (but not limited to) business and construction offices (within Dwellings or in free standing trailers); signs, banners and flags; model dwellings; and sales offices (within Dwellings or in free standing trailers), subject to compliance with governmental ordinances. Declarant shall also have easements for access to and use of the Common Areas for such facilities at no charge. 4.3.2 So long as a Builder owns any Lot within the Project, the Builder shall have the right to construct and maintain upon any Lot owned by the Builder such facilities and activities as the Builder reasonably requires or desires in connection with the construction and sale of Dwellings on Lots owned by the Builder, including (but not limited to) business and construction offices (within Dwellings or in free standing trailers); signs, banners and flags; model units; and sales offices (within Dwellings or in free standing trailers); PROVIDED all such facilities and activities shall be subject to the following: ACC approval pursuant to Article 8 below; rules and restrictions established by Declarant from time to time; and compliance with governmental ordinances. 4.4 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 Declaration. At the expiration of the Development Period, 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. 4.5 Delegation of Authority. The Board of Directors or Declarant may delegate any of its managerial duties, powers, or functions to a Manager. 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. 4.6 Control of and Changes in Project Development. Every Owner, by acceptance of the deed to their Lot, acknowledges that the Project is a multi -phased planned community, the development of which is likely to extend over many years, and that changes in the plan will likely occur as the development of the Subdivision proceeds. EACH OWNER WAIVES THE RIGHT TO PROTEST, CHALLENGE OR OTHERWISE OBJECT TO CHANGES MADE OR PROPOSED BY DECLARANT IN THE DEVELOPMENT PLANS FOR THE PROJECT OR IN THE USES, DENSITY, BUILDING RESTRICTIONS, OR USE RESTRICTIONS APPLICABLE TO THE PROPERTY BEYOND THE BOUNDARIES OF THAT SHOWN ON CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 PDX\ 128047\200909\LAC\ 15452096.7 •THE RECORDED FINAL PLAT FOR THE PHASE WITHIN WHICH SUCH OWNER'S LOT IS LOCATED. The rights and limitations set forth in this Section 4.6 shall continue in effect until Declarant no longer owns any Lot within the Project. • 4.7 Termination of Development Period. At the expiration of the Development Period, the Declarant may resign as a director of the Association and from any other committees for the duration of the 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. 4.8 Right to Transfer or Assign Declarant Rights. Any or all of Declarant's special rights and obligations set forth in this Declaration or any other Governing Documents may be transferred in whole or in part by Declarant by written instrument executed and acknowledged by Declarant and recorded in the real property records for Yakima County, Washington. The foregoing sentence shall not preclude Declarant from permitting other persons to exercise, on a one time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to record any written assignment unless necessary to evidence Declarant's consent to such exercise. ARTICLE 5 ASSOCIATION 5.1 Membership. Every person or entity who is an Owner of any Lot agrees to be an Owner of the Association by acceptance of a deed for such Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All Owners shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. When more than one person holds an interest in any Lot, all such persons shall be Members. 5.2 Voting Rights. Owners shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. A Lot owned jointly by more than one individual or entity shall be entitled to only one vote per lot by the Owneis cumulatively and not individually. The voting rights of any Owner may be suspended by the Board for any period during which an Assessment against the Owner's Lot remains unpaid or for a period during which an infraction of published Rules and Regulations against the Owner's Lot remains non- compliant, or for any other reason as may be provided in this Declaration or the Articles or Bylaws of the Association. Owners' votes may be solicited and tabulated by mail, facsimile or electronic transmission. 5.2.1 Definitions. (a) "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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 7 PDX\ 128047\200909\LAC\ 15452096.7 • • • (b) "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. (c) "Electronically transmitted" means the initiation of an electronic transmission. (d) "Execute" includes, with respect to an electronic transmission, electronically transmitted along with sufficient information to determine the sender's identity. (e) "Record" means information inscribed on a tangible medium or contained in an electronic transmission. (f) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, on paper or on other tangible material. 5.2.2 Notice; Owner Consent. (a) Notice to Owners in an electronic transmission that otherwise complies with the requirements of this Declaration is effective only with respect to Owners who have consented either in writing or by electronic transmission to receive electronically transmitted notices. (i) 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. (ii) 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. (iii) 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. (b) 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. (c) 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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 8 • • • 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 regarding how to obtain access to the posting on the electronic network. (d) 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 (60) days 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, to each Owner entitled to vote at such meeting. 5.2.3 Owner Voting. (a) An Owner may vote by electronic transmission. (b) 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. (c) Owners voting by electronic transmission are present for all purposes of quorum, count of votes, and percentages of total voting power present. (d) Whenever Directors are to be elected by Owners or proposals approved 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: (1) Recorded telephone calls; (2) Voice mail; CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 9 • • • (3) Other electronic transmissions; and (4) Tangible media. (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: (1) The transmission must contain or be accompanied by 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; (2) The Inspector shall specify the information the Inspector relied on in determining that a transmission was valid; and (3) 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. 5.2.1 Suspension of Voting Rights. In the event any Owner is in arrears in the payment of the Assessments due or in default of the performance of any of the terms of this Declaration, the Articles, Bylaws, Rules and Regulations or any other governing documents of the Association, the Owner'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 Owners as may be provided in the Articles, Bylaws, Declaration, or Rules and Regulations. 5.3 Bylaws of Association. Bylaws for the administration of the Association and the Project (and to further the intent of this Declaration) shall be adopted or amended by the Owners at a regular or special meeting; provided that the initial Bylaws shall be adopted by Declarant. The Bylaws shall provide which, if any, of the powers the Board or Association officers may delegate to other persons or to a managing agent. 5.4 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. 5.5 Management by Elected Board of Directors. The primary authority to manage the Association is hereby vested in a Board, which shall be elected from among the Owners upon expiration of the Development Period. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. Except as otherwise provided herein, decisions shall be determined by a majority vote of the directors entitled to vote. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\128047\200909\LAC\15452096.7 Page 10 • • • The Board may delegate all or any portion of its administrative duties to a managing agent or officer of the Association, in accordance with the provisions of the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members individuals to serve as President, Treasurer and Secretary. The term of each officer shall be one year. Officers may be elected to consecutive terms. 5.6 Authority and Duties of the Board. Subject to the Declarant's Rights under Article 4 (Development Period), the Board, on behalf of and acting for the Association, for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration, including but not limited to the following: 5.6.1 Assessments. Establish and collect regular Assessments (and to the extent necessary and permitted hereunder, special Assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair and replacement of those portions of the Common Areas or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above Assessments. 5.6.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board, including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Project, whether such personnel are employed directly by the Board or are furnished by the managing agent or management firm. 5.6.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility service, including utility easements and street lighting, as required for the Common Area. 5.6.4 Insurance. Obtain and pay for policies of insurance -or bonds providing: (a) Common Area casualty and liability coverage, and (b) Fidelity of Association officers and other employees. Insurance under clauses (a) and (b) shall be in accordance with the requirements set forth herein. 5.6.5 Common Area Maintenance/Repair. Pay the costs of painting, maintenance, repair and all landscaping and gardening work for the Common Areas and improvements located thereon so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of this Declaration. Replace and repair the furnishings and equipment for the Common Area as the Board shall determine are necessary and proper. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\128047\200909\LAC\ 15452096.7 Page 11 • • • 5.6.6 Maintenance of Rights of Way, Etc. To the extent deemed advisable by the Board, pay the costs of maintaining and landscaping rights of way, traffic islands and medians, or other similar areas which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided the Board at its option may require a Lot Owner at the Owner's expense to maintain and landscape such areas as are adjacent to such Owner's Lot. 5.6.7 Fences. To the extent deemed advisable by the Board, pay the cost of maintaining, repairing and replacing perimeter and interior fences, if any, and landscaping and improvements on easements, if any, which are located on or across Lots, provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.6.8 Lot and Lot Improvement Maintenance. In the event an Owner of any Lot or Home in the Project shall fail to maintain the premises and the improvements situated thereon in accordance with the provisions of this Declaration, the Association, after approval by two- thirds (2/3) vote of the Board, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and any other improvements erected thereon. The cost of such maintenance shall be added to and become part of the Assessment to which such Lot or Home is subject. 5.6.9 Lien/Encumbrance. The Board may pay any amount necessary to discharge any lien or encumbrance levied against the Common Areas or any part thereof which is claimed to or may, in the opinion of the Board, constitute a lien against the Common Areas, rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it, and any costs and expenses (including court costs and attorney fees) incurred by the Board by reason of such lien or liens shall be specially charged against the Owners and the Lots responsible to the extent of their responsibility. 5.6.10 Enforce Declaration. Enforce the applicable provisions of this Declaration for the management and control of the Project. 5.6.11 Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots. 5.6.12 Attorney -in -Fact. Each Owner, by the mere act of becoming an Owner, irrevocably appoints the Association as his attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, and to secure insurance proceeds. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 12 PDX\128047\200909\LAC\15452096.7 • • • 5.6.13 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 5.6.14 Adoption of Rules and Regulation. When and to the extent deemed advisable by the Board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Articles and Bylaws and which treat all Owners fairly and on a non-discriminatory basis. 5.6.15 Additional Powers of Association. In addition to the duties and powers of the Association, as specified herein, and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purposes of this Declaration. ARTICLE 6 COMMON AREAS 6.1 Description of Common Areas. The following described tracts and easements are herein defined as Common Areas: 6.1.1 Entrance, monument and operable gates 6.1.2 Castlevale lighting and landscaping 6.1.3 Clubhouse (if constructed) 6.1.4 Streets and walkways 6.1.5 Road frontage improvements including street and walkway maintenance 6.1.6 Irrigation system 6.1.7 Utilities in Common Areas 6.1.8 Community mailboxes. 6.1.9 All perimeter fencing 6.1.10 Stormwater facility 6.2 Title To Common Areas. Declarant shall cause fee simple title to the Common Areas to be conveyed to the Association, free and clear of monetary liens, no later than the date of the expiration of the Development Period, and the Association shall unconditionally accept fee title to the Common Areas from Declarant on such date. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 13 • • • 6.3 Private Streets. All streets designated on the recorded plat are Common Areas and privately managed and maintained. The streets do not meet the standards under the City of Yakima public street system as of the date of recording the plat. In order for the City of Yakima to accept a dedication of the streets as public streets, the streets must reconstructed to such standards at the expense of the Declarant during the Development Period or the Association thereafter. 6.4 Owner's Use of Common Areas. 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: 6.4.1 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. 6.4.2 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 sixty-seven percent (67%) of the Owners and recorded in the Official Records of Yakima County, Washington. Notwithstanding the foregoing, 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 Owners of the Association as set forth herein. 6.4.3 The right of the Association to suspend the right to the use of Common Areas by any Owner (including the Owner's family members, guests or tenants) for any period during which an assessment against the Owner's Lot remains unpaid or for a period during which an infraction of published rules and regulations against the Owner's Lot remains non- compliant. 6.4.4 The right of the Association to charge reasonable fees for the improvement, repair, or maintenance of improvements situated upon the Common Areas. 6.5 Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Areas and facilities to the members of the Owner's family, tenants, or guests, subject to the limitations set forth in this Declaration and in the Bylaws and rules and regulations. 6.6 Association to Maintain. The Association shall maintain the Common Areas and Common Area Facilities, which shall be paid for through Assessments as provided in Section 7.6 below. The Association may enter into contracts for the maintenance and repair of any area or facility to be maintained by the Association. The Association's maintenance obligations shall include the following: 6.6.1 The private roads and walkways for purposes of ingress, egress and utilities described as storm water management system of the Property. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 14 • 6.6.2 Landscaping to include Castlevale Road frontage, street rights-of-way and entrance areas. 6.6.3 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. 6.6.4 Landscaping and any improvements in the Common Areas or on easements for the benefit of all Owners such as the entrance monument and gates/entrance area, the irrigation or sprinkling systems serving the Common Areas as constructed by the Declarant, the mailbox designated area, and any street lighting, sidewalks, curbs, park amenities, mailboxes, parking areas and gutters or similar facilities constructed by the Declarant. 6.6.5 All perimeter fencing constructed by the Declarant. 6.6.6 The front yard of each Lot after a residence has been constructed thereon. 6.6.7 The Clubhouse (if any), after the completion of all Phases. 6.6.8 The cost of all utilities, including electrical and water which are serving and maintaining the Common Areas. • below. • 6.6.9 The costs of liability and casualty insurance as required by Section 13.1 6.6.10 Any other expense which shall be designated as a Common Area 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 Area expense from time to time by the Association. 6.6.11 The Association shall repair any damage to the individual Lots resulting from defects in the Common Areas. 6.7 Delegation to Manager. The Board of Directors may delegate any of its managerial duties, powers or functions to a Manager, provided that any management agreement shall be terminable by the Association for cause upon thirty (30) days' written notice, and the term of any such agreement may not exceed one year provided that, after Board review and by agreement of the parties, it may be renewed 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. 6.8 Extraordinary Use Expenses. If damage to any Common Areas or Common Area Facility is directly attributable to an Owner or the family members, invitee, tenant, or guest of an Owner, then that Owner shall repair such damage or destruction upon demand by the Association CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 PDX\ 128047\200909\LAC\ 15452096.7 • • • at such Owner's sole expense and without a right of reimbursement. If an Owner fails to repair such damage timely, the Association shall have all rights of enforcement and remedies set forth under this Declaration. 6.9 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 be 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. In the event any Builder or Owner does not pay the same within fourteen (14) days of written 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. Notwithstanding of any other provision in this Declaration to the contrary, this paragraph can only be amended by Declarant during the Development Period. 6.10 Maintenance of Storm Drain System. All Builders or Owners shall prevent any deleterious 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 of a violation of this Section 6.10, the responsible Builder or Owner shall pay a maintenance charge to the Association (or Declarant if during the Development Period) in an amount to be determined by the Association (or Declarant) but not to exceed $500.00 for each such violation by a Builder or Owner. in addition, each Builder or Owner agrees to reimburse the Association (or Declarant) from any costs or charges incurred in connection with the cleaning and maintenance of the storm water system as a result of any violation of this Section. Further, the responsible Builder or Owner shall indemnify, defend and hold harmless the Association (or Declarant) from any and all claims, penalties or liabilities that may be brought by any regulatory agency, municipality, or other third party. If more than one Builder or Owner is responsible for such claims, penalties or liabilities, each shall be jointly and severally liable to the Association (or Declarant). Any Builder or Owner who violates the provisions of this paragraph shall reimburse the Declarant within fourteen (14) days of written request for any expenses incurred by the Association (or Declarant). In the event any Builder or Owner fails to timely pay the same upon demand, then the Association (or 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. Notwithstanding of any other provision in this Declaration to the contrary, this paragraph can only be amended by Declarant during the Development Period. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 PDX\ 128047\200909\LAC\ 15452096.7 • • • 6.11 Street Trees. The Association shall maintain trees planted by the Declarant either within the street right-of-way or on Lots as a condition for obtaining final plat approval. In the event any such tree is removed or damaged, the Association shall immediately replace the tree or reimburse the Declarant for the cost of replacing such tree. Notwithstanding any other provision in this Declaration to the contrary, this paragraph can only be amended by Declarant during the Development Period. 6.12 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 Board. 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. 6.13 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 Areas except that community improvements may be constructed if sixty-seven percent (67%) of Owners approve: (a) the construction of such improvements; and (b) assessment for such improvements. Also, any such improvements shall be subject to all permits issued by applicable governmental agencies. This Section 6.13 shall not limit or prohibit Declarant (no Owner's consent shall be necessary) during the Development Period from constructing or altering any such improvements to any common area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of the Common Areas. 6.14 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 or 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. 6.15 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 t� the landscaping and any improvements in the Common Areas installed by the Declarant during the Development Period or to landscaping of front or side yards of Lots extending to the edge of the curb or sidewalk. This section shall not prohibit the Association, after the Development Period, from installing the following: Areas. 6.15.1 Additional improvements or landscaping within the designated Common 6.15.2 Fences as may be otherwise allowed in this Declaration. 6.15.3 Landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 12 8047\200909\LAC\ 15 452096.7 Page 17 • • • 6.16 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 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 the term may be renewed 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. ARTICLE 7 ASSOCIATION FINANCES & ASSESSMENTS 7.1 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. Assessments as provided for herein shall be paid on a regular or periodic basis as determined by the Board of Directors. 7.2 Association's Annual Budget. At least sixty (60) days before the beginning of each year, the Board shall prepare a budget of the estimated expenses of the Association for the coming year. The estimated expenses in the budget of the Association shall include the estimated operating expenses of the Association, an operating reserve (at the discretion of the Board), and a contribution to the Reserve Account determined in accordance with the terms of Section 7.5 below. The budget shall also reflect the sources and estimated amounts of funds needed to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots, and the amount estimated to be generated through the levy of assessments against Lots. Finally, the budget shall differentiate between expenses applicable to all Lots versus expenses applicable to some, but not all, Lots. 7.2.1 Estimated operating expenses and Reserve Account Assessments applicable to all Lots shall be allocated among such Lots as Base Assessments pursuant to Section 7.3 below, while estimated operating expenses and Reserve Account Assessments applicable to some, but not all Lots, shall be allocated among the affected Lots as Specific Assessments pursuant to Section 7.7 below. 7.2.2 Within thirty (30) days after adopting the annual budget, the Board shall set a date for a meeting of the Owners to consider ratification of the budget and send notice of CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 18 PDX\ 128047\200909\LAC\ 15452096.7 • such meeting to the Owners in accordance with the Bylaws. Such notice shall include a summary of the budget consistent with RCW 64.38.025(4), including: • • (a) The current amount of annual Base Assessments budgeted for contribution to the Reserve Account (as defined in Section 7.5 below), the recommended contribution rate from the Reserve Study (as defined in Section 7.5 below), and the funding plan upon which the recommended Reserve Account Assessments (as defined in Section 7.5.3 below below) is based; (b) If additional Base Assessments, Special Assessments or Specific Assessments are scheduled to be imposed, the date such assessments are due, the amount of the assessments per each owner per month or year, and the purpose of the assessments; (c) Based upon the most recent Reserve Study and other information, whether currently projected Reserve Account balances will be sufficient at the end of each fiscal year to meet the Association's obligation for major maintenance, repair, or replacement of reserve components during the next thirty (30) years; (d) If Reserve Account balances are not projected to be sufficient, what additional Reserve Account Assessments or Special Assessments may be necessary to ensure that sufficient Reserve Account funds will be available each year during the next thirty (30) years, the approximate dates such assessments may be due, and the amount of the Reserve Account Assessments or Special Assessments per Owner per month or year; (e) The estimated amount recommended in the Reserve Account at the end of the current fiscal year based on the most recent Reserve Study, the projected Reserve Account cash balance at the end of the current fiscal year, and the percent funded at the date of the latest Reserve Study; (f) The estimated amount recommended in the Reserve Account based upon the most recent Reserve Study at the end of each of the next five (5) fiscal years, the projected Reserve Account cash balance in each of those years, and the projected percent funded for each of those years; and (g) If the funding plan approved by the Association is implemented, the projected Reserve Account cash balance in each of the next five (5) fiscal years and the percent funded for each of those years. 7.2.3 Unless the Owners holding a majority of the votes in the Association vote to reject the budget, the budget is ratified, whether or not a quorum is present at the meeting. If the Board fails to adopt a budget or if the Owners vote to reject the budget, then the last adopted and ratified budget for the Association shall continue in effect until a new budget is approved by the Board and ratified by the Owners. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 19 • • • 7.2.4 The Board may revise the budget and adjust the assessments levied pursuant thereto from time to time during the year, subject to the same notice and ratification procedures set forth above. 7.3 Initial Assessments. At the closing on the initial sale of a Lot to an Owner other than Declarant or a Builder, the Owner shall make a one-time working capital contribution to the Association in the amount of Two Hundred Dollars ($200). 7.4 Base Assessments. 7.4.1 Upon determining the total amount of income required to be generated through the levy of Base Assessments as provided in Section 7.2 above, the Association shall allocate such amount equally among all Lots subject to assessment (as determined by Section 7.8 below) on the effective date of the budget. The amount allocated to each"Lot shall then be levied as a Base Assessment. 7.4.2 Declarant may, but is not obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy, which may be either a contribution, an advance against future assessments due from Declarant (if any), or a loan, as determined by Declarant in its sole discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. 7.4.3 Declarant may increase the Base Assessment as set forth above may be increased during the Development Period to reflect (1) maintenance costs; (2) repaid costs; or (3) plat management costs. All increases during the Development Period must directly reflect increases 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. 7.5 Replacement Reserve Assessments. - 7.5.1 As a part of any Annual Assessment, the Board shall obtain from Owners contributions for a Reserve Account established for all items of property included within the Common Areas which will normally require major maintenance, repair or replacement, in whole or in part, within thirty (30) years; provided, however, that the Reserve Account need not include items that could reasonably be funded from Base Assessments or Specific Assessments or other funds or accounts of the Association, or items for which the Owners (and not the Association) are responsible for maintenance, repair and replacement under the terms of the Governing Documents. 7.5.2 The Declarant shall conduct an initial reserve study (a "Reserve Study") to determine the Reserve Account requirements. The Reserve Study shall comply with the requirements of RCW 64.38.070 and include: CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 20 • • • (a) A reserve component list, including any reserve component that would cost more than one percent (1%) of the annual budget of the Association not including the Reserve Account, for major maintenance, repair, or replacement. If one of these reserve components is not included in the Reserve Study, the Reserve Study should provide commentary explaining the basis for its exclusion. The study must also include quantities and estimates for the useful life of each reserve component, remaining useful life of each reserve component, and current major maintenance, repair, or replacement cost for each reserve component; (b) The date of the Reserve Study, and a statement that the Reserve Study meets the requirements of RCW 64.38.070; (c) One of the following designed levels for Reserve Study performed: (i) Level I: Full Reserve Study funding analysis and plan; (ii) Level II: Update with visual site inspection; or (iii) Level III: Update with no visual site inspection. (d) The Association's Reserve Account balance; (e) The percentage of the fully funded balance that the Reserve Account is funded; (f) (g) (h) baseline funding plan; Special Assessments already implemented or planned; Interest and inflation assumptions; Current Reserve Account Assessments for a full funding plan and (i) Reserve Account Assessments for a full funding plan to achieve one hundred percent (100%) fully funded reserves by the end of the 30 -year study period, baseline Reserve Account Assessments to maintain the Reserve Account balance above zero throughout the 3`0 -year -study period without Special Assessments, and Reserve Account Assessments recommended by the reserve study professional; (j) A projected Reserve Account balance for thirty (30) years and a funding plan to pay for projected costs from that Reserve Account balance without reliance on future unplanned Special Assessments; (k) A statement on whether the Reserve Study was prepared with the assistance of a reserve study professional; and (1) The following disclosure: "This reserve study should be reviewed carefully. It may not include all common and limited common element components that will require major maintenance, repair, or replacement in future years, and may not include regular CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 21 PDX\ 128047\200909\LAC\15452096.7 • • • contributions to a reserve account for the cost of such maintenance, repair, or replacement. The failure to include a component in a reserve study, or to provide contributions to a reserve account for a component, may, under some circumstances, require you to pay on demand as a special assessment your share of common expenses for the cost of major maintenance, repair, or replacement of a reserve component." (m) The Board shall thereafter conduct a Reserve Study at least once every three (3) years. 7.5.3 Contributions to the Reserve Account ("Reserve Account Assessments") shall be in an amount (i) initially determined by Declarant based upon the results of the initial Reserve Study and (ii) thereafter by the Board from time to time based on the results of the most recent Reserve Study. Reserve Account Assessments shall be allocated to Lots pursuant to Section 7.3 (Base Assessments) and Section 7.7 (Specific -Assessments) of this Declaration, as applicable, and shall be paid to the Association monthly, quarterly or annually as determined by the Board. 7.5.4 Reserve Account Assessments paid into the Reserve Account are the property of the Association and are not refundable to sellers or Owners of Lots. The Reserve Account must be a separate account holding only Reserve Account Assessments and other funds intended to be used for the same purpose maintained a federally insured bank or other depository institution with branches in Washington, and any funds in the Reserve Account may be expended only for the purposes for which the Reserve Account was established as described above. 7.5.5 Upon termination of the Development Period, the Board may withdraw funds from the Reserve Account to pay for unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of the reserve components if the Board record any such withdrawal in the minute books of the Association, causes notice of any such withdrawal to be hand delivered or sent prepaid by first-class United States mail to the mailing address of each Owner, and adopts a repayment schedule not to exceed twenty-four (24) months, unless the Board determines that repayment within twenty-four (24) months would impose an unreasonable burden on the Owners. Payment for major maintenance, repair, or replacement of the reserve components out of cycle with the Reserve Study projections or not included in the Reserve Study may be made from the Reserve Account without meeting the notification or repayment requirements under this Section. 7.5.6 At any time after the second (2°d) year after the termination of the Development Period, future replacement reserve assessments for the Reserve Account may be increased or reduced by the vote of Owners of Lots representing sixty-seven percent (67%) of the Owners. 7.5.7 Nothing in this Section 7.5 prohibits the prudent investment of Reserve Account funds, subject to any constraints imposed by the Board or the Governing Documents. 7.6 Special Assessments. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 22 • • • 7.6.1 In addition to the Base Assessments authorized above, the Board may levy "Special Assessments" against an Owner or all Owners in the following manner for the following purposes: (i) To correct a deficit in the operating budget, by vote of a majority of the Board; (ii) To collect additional amounts necessary to make repairs or renovations to the Common Areas or Common Area Facilities if sufficient funds are not available from the operating budget or Reserve Account, by vote of a majority of the Board; and (iii) To make capital acquisitions, additions or improvements, by vote of Owners holding at least sixty-seven percent (67%) of the voting rights of the Association; (iv) To repair or replacement of existing Common Areas or Common Area Facilities, by approval of a majority of the Owners eligible to vote. 7.6.2 Special Assessments shall be imposed against all Lots in the same proportion as Base Assessments as provided in Section 7.3 above. 7.6.3 Declarant shall not be obligated to pay any Special Assessments on its unimproved Lots. 7.6.4 Special 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. 7.7 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, family, occupants, guests; or (iv) necessary to bring the Lot into compliance with this Declaration,. the Articles, the Bylaws or Rules and Regulations. Specific Assessments may be levied under (iii) and (iv) above only after notice to the applicable Owners and an opportunity for a hearing before the Board or its duly appointed representative. 7.8 Commencement of Assessments. 7.8.1 Base Assessments and Specific Assessments. Declarant shall pay all operating expenses of the Association until Declarant elects to assess the Lots for Base Assessments and Specific Assessments as provided herein. The date of commencement of Base Assessments and Specific Assessments on the Lots (excluding any Lots owned by Declarant or a Builder, which shall be exempt as provided below) shall be determined by Declarant. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 23 PDX\ 128047\200909\LAC\ 15452096.7 • • • 7.8.2 Exemption. Any Lot owned by Declarant or a Builder is exempt from the payment of Base Assessments and Specific Assessments. Base Assessments and Specific Assessments shall commence as to a Lot owned by Declarant or a Builder on the date the Lot is conveyed to an Owner other than Declarant or a Builder. 7.8.3 Reserve Account Assessments. Reserve Account Assessments commence as to a Lot as of the date Declarant or a Builder conveys the Lot to an Owner other than Declarant or a Builder. Declarant and Builders are exempt from the payment of Reserve Account Assessments. 7.8.4 All Other Assessments. Special Assessments and Initial Assessments shall commence as to a Lot as of the date Declarant or a Builder conveys the Lot to an Owner other than Declarant or a Builder. Declarant and Builders are exempt from the payment of Special Assessments and Initial Assessments. 7.9 Obligation for Assessments. 7.9.1 Personal Liability. Each Owner, by accepting a deed for his, her or their Lot, is deemed to covenant and agree to pay all assessments authorized in this Declaration or other Governing Documents. All assessments, together with interest, fines and late charges as determined by Board resolution, and collection costs (including reasonable attorneys' fees), shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. The Association may sue any person liable for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 7.9.2 Non -Waiver. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification or release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Annual Assessments on the basis of the last year for which an assessment was made, if any, until a new budget becomes effective and a new assessment is levied pursuant thereto. Any such budget may include as an expense item any shortfall in amounts previously collected. 7.9.3 No Exemption or Set -Off. No Owner may exempt himself from liability for assessments by non-use of the Common Areas, abandonment of his or her Lot, or any other means. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. 7.10 Lien for Assessments. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 24 • • • 7.10.1 Liens. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, fines and late charges as determined by Board resolution, and collection costs (including reasonable attorneys' fees). Such lien shall be superior to all other liens, except (a) liens for real estate taxes and assessments and other levies which by law would be superior; and (b) the lien of any recorded first mortgage made in good faith and for value. Such lien, when delinquent, may be foreclosed in the same manner as a construction lien or as otherwise provided by applicable law after the Association records a notice of lien against the delinquent Lot in the Official Records of Yakima County, Washington. 7.10.2 Association Bid. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessments shall be levied on it; and (c) each other Lot shall be charged, in addition to usual assessments, its pro rata share of the assessments that would have been charged to such Lot had it not been acquired by the Association. 7.10.3 Effect of Conveyance and Foreclosure. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or a deed in lieu of foreclosure for the benefit of any first mortgagee shall extinguish the lien of such assessments on the Lot as to payments which became due prior to the sale or transfer. The unpaid assessments shall then become common expenses of all Owners, including the first mortgagee and any purchaser at the foreclosure sale or from a first mortgagee. No sale or transfer of any Lot pursuant to foreclosure of a first mortgage or a deed in lieu of foreclosure for the benefit of any first mortgagee shall relieve such Lot from liability as to any assessments thereafter becoming due or from the lien thereof. Notwithstanding the foregoing, no sale or transfer of any Lot pursuant to a mortgage foreclosure or a deed in lieu of foreclosure for the benefit of any first mortgagee shall be deemed to extinguish any mortgage or lien which the Association has itself placed upon any property owned by the Association. 7.11 Enforcement of Assessments. 7.11.1 Late Fees. The Board, in its reasonable discretion, may from time to time adopt resolutions to set the terms and conditions of a collections policy in compliance with Fair Credit Regulations. If any assessment is not paid within ten (10) days after its due date, the assessment shall bear interest from such 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 Owner hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Owner 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, and such Owner 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 n CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 25 • • • Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. 7.11.2 Fines. Any fines levied by the Association as established by the Board pursuant to Chapter 64.38 Revised Code of Washington (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 for the collection of assessments; however, that fines (but not interest or late fees) for violation of this Declaration or other Governing Documents may not be imposed against an Owner or such Owner's Lot until the Owner is given an opportunity for a hearing. The Association reserves the right to apply payments received by an Owner first to late charges and accrued interest for late payments, second to unpaid fines and third to Assessments then due. 7.11.3 Acceleration of Assessments. If an Owner is delinquent in payment of any assessment or installment on any Assessment, the Association, on not less than ten (10) days' written notice to the Owner, may accelerate the due date of the full annual assessment for that fiscal year and all future installments of any Special Assessments. 7.11.4 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 7. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its reasonable attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. 7.12 Certificate of Payment. The Declarant, during the Development Period, and the Board after the Development Period 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. 7.13 Reallocation Upon Annexation of Additional Property. When Additional Property is annexed to the Project pursuant to Article 19 (Annexation and Conversion), the Association shall, within sixty (60) days after the annexation, recompute the budget for the Association based on the additional Lots, Common Areas and Common Area Facilities, and recompute all applicable assessments for each Lot. Newly annexed Lots shall be subject to assessment from the time of annexation of the Lots to the Project, unless a later date is provided elsewhere in this Article 7 (e.g., Lots owned by Declarant or a Builder, which are generally exempt from assessments). The Association shall send notice of any applicable assessment to the Owners of newly annexed Lots not later than sixty (60) days after the annexation or with the next occurring Annual Assessment, whichever is sooner. Assessments shall be due and payable on or before a date set forth in the notice, which shall be not less than thirty (30) days after the date the notice is mailed to the new Owners or at such other time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. If additional property is annexed to the Project during the Association's fiscal year, the Association shall send notice of the recomputed assessment and any additional assessments owed to the Owners of the Lots which were within the Project prior to the annexation, and the Association shall collect such CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 26 PDX\ 128047\200909\LAC\ 15452096.7 • • • recomputed additional assessments from such Owners. Notice of the adjustment in the assessments shall be sent to such Owners not later than sixty (60) days after the annexation or with the next occurring Annual Assessment, whichever is sooner. To the extent that any adjustment results in a credit with respect to assessments payable by an Owner, such credit shall be applied toward the next occurring payment or payments of the applicable assessment. ARTICLE 8 ARCHITECTURAL CONTROL 8.1 Appointment. The Architectural Control Committee (the "ACC") shall consist of no 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 during the Development Period. Thereafter, the members of the ACC shall be appointed by the Board. 8.2 Duties. The ACC shall have the authority to review and act upon Owners' proposals to construct, alter or modify any structure or landscaping on the Property 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. 8.3 Adoption of Design Guidelines. The ACC shall have the authority to adopt and amend "Design Guidelines" to be applied in its review of plans and specifications in order to further the intents and purposes of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be provided to all Owners. 8.4 Procedures for ACC Approval. 8.4.1 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. (a) The construction or erection of any building, fence, wall or other structure, swimming pool or hot tub, including the installation, erection, or construction of any solar collection device. (b) Exterior colors. (c) The remodeling, repainting, reconstruction, or alteration of any road, driveway or other structure. (d) The landscaping plan for any Lot. (e) The grading and drainage 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 27 PDX\ 128047\200909\LAC\ 15452096.7 • • • 8.4.2 ACC Review. 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, exterior wall, or other structure shall include building elevation plans, a detailed site plan, the exterior color scheme, proposed outdoor lighting, proposed landscaping, and shall show and otherwise identify any special needs or conditions which may 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 a Lot shall include a landscaping plan. (b) 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 thirty (30) business days from the date the completed plans and specifications are submitted to the ACC. 8.4.3 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 Rules and Regulations, or Design Guidelines. 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 privacy. 8.4.4 Conformity with Approved Plans. It shall be the responsibility of the ACC to determine that work has been completed in accordance with the plans as submitted and approved. Such determination must be made within sixty (60) days of the completion of the work. If the ACC shall determine that the work 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 thirty' (30) days, shall either remove` or bring the work into compliance with the plans and specifications as approved or take such other steps as the ACC shall designate. 8.4.5 Submission of Plans. Before the initiation of construction of any improvement upon any Lot, the Owner thereof shall first submit to the ACC a complete set of plans and specifications for the proposed improvements. Plans shall include elevation drawings, design plans, specifications of materials and exterior colors, and any other information deemed necessary by the ACC for the performance of its function pursuant to the procedure outlined in the Design Guidelines. In addition, the Owner shall submit the identity of the individual or company intended to perform the work and projected commencement and completion dates. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 28 • • • 8.4.6 Plan Review Fees. The ACC may employ engineers, architects, and other professionals to review plans and take other actions as designated by the ACC. In such event, the Owner shall be responsible for reimbursement of customary fees incurred by the ACC for such professionals as a condition for ACC approval. 8.4.7 Approval Not Required for Declarant. 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. 8.5 Meeting; Compensation. The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actions taken at the meetings or otherwise. Unless authorized by the Board, 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 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. 8.6 Limited Review; Nonwaiver. Any review made by the ACC is limited to compliance with the intent of the Declaration and Design Guidelines adopted by the ACC . The review and approval made by the ACC is not to be construed as superseding, replacing, or modifying any review, approval, or permit required by any local, state or federal jurisdictional agencies. It is the applicant's responsibility to obtain and comply with any permits that may be required by any local, state, or federal jurisdictional agency. Actions by the ACC approving or disapproving of any plans, drawings or specifications shall not be a waiver of the right of the ACC to approve or disapprove any similar plan, drawing, or specification. 8.7 Immunity of ACC Owners. 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 and without malice on a matter submitted to the ACC for the approval or disapproval of any such matter. The Association shall defend any action brought against the ACC or any member thereof arising from acts or omissions of the ACC committed in good faith and without malice. 8.8 General Architectural Control Provisions. 8.8.1 Building Materials. (a) All Dwellings constructed on a 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 Dwellings within the Property and whether the material would add to the attractive development of the Property. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 29 • • • (b) The exterior of all improvements on any Lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings and landscaping within the Property. 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. In all cases, Owners shall obtain approval from the ACC to change the exterior colors or materials of any structure on the Property. 8.8.2 Roofs. Roofing materials shall be of a minimum of a 30 -year warranty in such color and style as may be approved by the ACC in its discretion. 8.8.3 Siding. The siding shall be of a Hardi lap siding, stone, stucco, tile, or such other material as may be approved by the ACC. 8.8.4 Dwelling Size. On each Lot within the Property, the Dwelling shall not be less than 1,200 square feet, exclusive of one story open porches and garages. No Dwelling shall exceed three stories in height and garages shall not be constructed for more than three cars. No more than one Dwelling shall be constructed on any one Lot. Accessory Dwellings (whether attached or detached) are prohibited. 8.8.5 Patio Construction Materials. A patio at side or rear of the home may be constructed of concrete, wood, or pavers upon prior approval by the ACC. 8.8.6 Fences. Except for fences constructed by the Declarant, unless approved by the ACC, no fences are permitted on the side property lines within twenty-five (25) feet of the front property line; in no event may such side -yard fence extend beyond the front wall (facade) of the Dwelling (including the garage). Except for corner lots or panhandle lots, no fence may be allowed between the front lot line and the front wall (facade) of the primary residence, including the garage. For corner lots or panhandle lots, fencing closer to the front property line than as otherwise allowed in the section may be approved by the ACC. 8.9 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 ACC plan check approval as required by this Declaration. 8.10 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 30 PDX\ 128047\200909\LAC\ 15452096.7 • • • 8.11 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. 8.12 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 the master set of plan is 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. 8.13 Work Hours. No exterior work, including delivery of materials or equipment, which would cause noise or other disturbance, may begin before 7:00 a.m. or occur after 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. ARTICLE 9 EASEMENTS 9.1 Plat Easements. The Property shall be subject to all easements delineated on the final plat. Each Owner shall has have a non-exclusive right and easement, in common with all Owners, of use enjoyment of all roads designated in the plat. 9.2 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: 9.2.1 The maintenance of front yards of lots as set forth in this Declaration. 9.2.2 The maintenance, repair, replacement, of any Association improvement in any easement accessible from that Lot. 9.2.3 Emergency repairs necessary to prevent damage to .the easement or to another Lot or the improvements thereon. 9.2.4 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. 9.3 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 31 • • • 9.4 Utility Easements. 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 Lots shall be limited to drainage and access and to utilities that benefit only the Lots within the Project 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 Lots 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 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 except as to utility improvements located therein which are the responsibility of the utility entity owning, installing, or being responsible for such improvements. 9.5 Special Declarant Easements. 9.5.1 Project Utility Easements. Declarant reserves for itself and the Association, for the benefit of the Property and any Additional Property, perpetual, nonexclusive blanket easements upon, across, over and under the Property and any additional property annexed into the Project for purposes of ingress, egress, installation, maintenance, repair and replacement of utilities and infrastructure; cable and other systems for sending and receiving data and/or other electronic signals; security and similar systems; walkways, pathways and trails; storm water drainage systems; irrigation systems; sanitary sewer systems; street lights; signage; and entry features; provided, however, that the exercise of these easements does not unreasonably interfere with the use of any Lot. Declarant further reserves for itself and the Association the right to grant the benefit of any such easements to the local municipal governmental body and other utility service providers. 9.5.2 Common Area Easements. Declarant reserves for itself and its duly authorized agents, successors and assigns, perpetual, nonexclusive easements on, over and across the Common Areas for purposes of (a) constructing and maintaining suck facilities and activities as Declarant, in its sole discretion, deems necessary or convenient to the sale of Lots and Dwellings, including, but not limited to, business offices, signs, model units and sales offices; (b) constructing and maintaining Common Areas, including any structures thereon; and (c) storing materials and making such other use thereof as Declarant, in its sole discretion, deems necessary or convenient to the construction of Dwellings and other structures on the Property or Project (provided that no such storage or other use shall unreasonably interfere with access to, or the use, occupancy and enjoyment of any Lot). Declarant shall also have easements for access to and use of the Common Areas for such facilities at no charge. 9.5.3 Reserved Declarant Rights. Declarant also reserves for itself and the Association the nonexclusive right and power to grant and record such specific easements over the Property and Additional Property as may be necessary, in the sole discretion of Declarant or the Association, to exercise the rights and easements granted by the preceding paragraph. The CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 32 PDX\ 12 8047\200909\LAC\ 15452096.7 • • • Owner of any Lot to be burdened by any easement granted pursuant to this Section 9.5 shall be given advance written notice of the grant, and the location of the easement on such Lot shall be subject to the written approval of the Owner (which shall not be unreasonably withheld, delayed or conditioned); provided, however, that an Owner shall be deemed to have consented to the location of an easement on his or her Lot if the Owner has not responded to a written request within thirty (30) days after such request was mailed to the Owner's address on record with the Association. ARTICLE 10 RECREATION FACILITIES 10.1 Clubhouse (if constructed). Any clubhouse facility``is provided for 'the Owners' use and enjoyment subject to rules and regulations as determined by the Board. Declarant will lease the clubhouse to the Association during the Development Period. Upon termination of the Development Period, Declarant will transfer ownership of the clubhouse facility to the Association and the clubhouse facility will become part of the Common Area. The Board may appoint a manager who will keep a schedule of all events requiring the use of the clubhouse. 10.2 Clubhouse Private Function Signup. Any owner may request to use the clubhouse for a private function through the manager and complete a "Social Use of Clubhouse Facilities Agreement." The Owner 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. 10.3 Clubhouse or Common Areas Closures. The Common Areas and clubhouse, if any, may be closed from time to time for maintenance or for a scheduled private function. 10.4 Clubhouse Heating/Cooling. Air conditioning and/or heating of the clubhouse may not be operated on a constant basis, consistent with energy conservation requirements. 10.5 Responsibility for Personal Behavior. Whether participating in a community or private function, Owners using the clubhouse or other recreational facilities within the Project are responsible for their behavior and that of their guests, including but not limited to, responsible consumption of alcoholic beverages. In no event shall the Association, its directors, officers or agents be liable for any injury suffered by an Owner or its guests unless caused by the sole negligence or malicious conduct of the Association, its directors, officers or agents. 10.6 Use of Clubhouse by Guests. If a clubhouse is provided, 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 33 • • • ARTICLE 11 PERMITTED AND PROHIBITED USES 11.1 All Guests. Any guest staying longer than fifteen (15) days in any 60 -day period must register with the Board. Visits cannot exceed sixty (60) days per year. 11.2 Live -In Care Provider. Exceptions to Section 11.1 above will be made for live-in care providers. Prior to allowing a live-in care provider to move into a resident's home, resident must provide the Association with the following: (a) Written proof that the care provider is over eighteen (18) years of age. (b) A copy of the resident's approved plan of treatment. (c) A copy of resident's physician's written order for the plan of treatment. (d) The live-in care provider must execute a live-in Care Provider Agreement and must comply with the Rules and Regulations of the Association. The live-in care provider is not an Owner of the Association and has no rights of Membership. 11.3 Overnight Guests During Owner Absence. If the Owner is absent, no guest may stay overnight in an Owner's home without notifying the Association by registering in advance with the Board. 11.4 Land Use and Building Type. All Lots subject to this Declaration 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, workshops, and structures normally appurtenant to such residences. Two -car or three -car garages are permitted and they shall be incorporated in or made a part of the Dwelling and must have doors. No detached garages shall be permitted except with written approval by the ACC. Carports are prohibited. All Dwellings shall comply with City of Yakima Zoning Requirements and all applicable building codes. 11.5 Business and Commercial Use. Except model homes or ACC -approved sales offices, 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 approved below; nor shall any goods used for private purposes or for trade or business be kept or stored outside any building in a location on any Lot which is visible from the street or from any other Lot. Subject to approval by the Board and any conditions as the Board may impose, an "in-home" businesses or commercial activity may be permitted, provided such use complies with the Municipal Code of the City of Yakima. Under no condition may an "in-home" business or commercial activity permit customers to enter the Property or create commercial traffic on or within the Property. The Board's approval of an "in-home" business will be personal only to the Owner requesting such approval. In the event of a sale of any Lot upon which approval of any "in-home" business shall be deemed revoked automatically and without further action by the Board. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 34 • 11.6 Swimming Pools and Hot Tubs. No swimming pool or hot tub may be installed unless the same has been approved by the ACC which shall not only approve the design, but also the location of the swimming pool or hot tub on the Lot. 11.7 RVs, Boats and Trailers. Recreational vehicles, boats and trailers (including but not limited to utility, boat, camping and horse trailers) may only be parked on driveways for a period not to exceed twenty-four (24) hours subject to the Rules and Regulations. Thereafter, recreational vehicles, boats, and trailers must be located within a fully enclosed approved structure upon a Lot. Any commercial vehicles, construction or like equipment, or disabled vehicles must be located within a fully enclosed approved structure upon a Lot and shall not be parked or stored on any Lot or in the Common Areas. 11.8 Nuisances. No noxious or undesirable objects, activities or uses will be permitted or maintained on any Lot or any other portion of the Property. The Board reserves the right to determine whether such object, activity or use is noxious or undesirable, and will provide the Owner with an opportunity for a hearing before the Board. 11.9 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. • 11.10 Use During Construction. No person shall reside on any Lot until a residence has been completed in accordance with the plans and specifications approved by the ACC. • 11.11 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 five (5) square feet. Declarant reserves 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 by 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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\128047\200909\LAC\ 15452096.7 Page 35 • • • (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 Areas or Common Area Facilities or grounds. 11.12 Animals. No animals 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. All dogs must be kept on a hand-held leash when outside unless in a kennel, the design and location of which have been approved by the ACC, and all other pets must be kept in yards unless `accompanied by an Owner. No animal may be kept, bred, or maintained for any commercial purpose. Each 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 noise from barking. Excessive noise from barking is 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. The Association may require a separate Pet Agreement to be signed by Owners. 11.13 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. 11.14 Temporary Structure. No structure of a temporary or removable character, including but not limited to a trailer, mobile home, 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 Development Period. 11.15 Utility Lines; Radio and Television Antennas. All electrical service, telephone lines and other 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 Lots or other lines or antennas on the same Lot. 11.16 Satellite Dishes, Antenna and Aerials. Up to two satellite dish antennae having a diameter of not more than forty inches (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. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 36 • • • 11.17 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, 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. 11.18 Auto Repair. No major auto repair shall be permitted except within enclosed garages which are kept closed. 11.19 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. 11.20 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 Property, nor shall dirt bikes or ATV's be permitted to operate on any Lot or within the Property in an unsafe manner or in such a way to create a hazard or nuisance. 11.21 Mailboxes. No Owner may install a mailbox on a Lot. The Association will establish a mailbox area. 11.22 Sex Offenders. No registered sex offenders can reside within the development. The Board may exercise its right to have any such sex offenders removed by injunctive relief as may be allowed under applicable law and pursuant to an order issued by a court of competent jurisdiction. 11.23 Compliance with Law. Governmental regulations, zoning, building, environmental and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any such regulations and the provisions of this Declaration, the more restrictive shall apply. 11.24 Authority to Adopt Additional Rules and Regulations. The Association shall have the authority to adopt additional written rules and regulations governingthe use of Lots and the Property, provided such rules and regulations are consistent with the purposes of the Declaration. Pursuant to RCW 64.38.020 (as may be amended), the Board may establish a fine schedule for violations of those rules and regulations. ARTICLE 12 CONSTRUCTION AND MAINTENANCE OF LOTS 12.1 Entry for Inspection. The Declarant or any agent, director, officer or committee member of the Association may, at any reasonable time upon twenty-four (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. Owners have presumptively CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 12 8047\200909\LAC\ 15452096.7 Page 37 • • • permitted such entry and inspection pursuant to these Declarations and as an express condition for ACC approval pursuant to Section 8.4 above. 12.2 Completion of Construction. The construction of any building on any Lot, including painting and all exterior finish, shall be completed within six months of receipt of ACC approval of the plans and specifications pursuant to Section 8.4 above. 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. The Board may levy fines as provided under Section 7.11.2 above for an Owner's or Builder's failure to timely complete the construction or maintain the construction site as required under this section. 12.3 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 thirty (30) days after substantial completion of the residence on any Lot, whichever shall occur first. If inclement weather conditions prevent the timely installation of landscaping improvements, the Owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. 12.3.1 As used in this Section 12.3, the term "front yard" means 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. 12.3.2 At least fifty percent (50%) of the minimum front yard landscape area on each Lot shall be maintained as lawn area unless otherwise approved by the ACC. 12.3.3 Within sixty (60) days after occupancy, all Lots with backyard areas visible from adjacent street rights-of-way shall have the landscaping completed on the entire Lot area unless otherwise approved by the ACC. 12.4 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 may be approved by the ACC and this shall be completed prior to occupancy. 12.5 Excavation and Fill. Except with the approval of the ACC or as may be necessary in connection with the construction of an ACC -approved improvement, no excavation or fill shall be added, nor shall any fill be removed from any Lot herein. 12.6 Maintenance of Structures and Landscaping. Owners are responsible for the maintenance of the home and Lot to include: structures, utility lines, side and rear yard landscaping, and other items attached to or placed on the home or Lot (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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 38 • • • 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 Lot. If an Owner does not maintain his or her property, then the Association reserves the right to engage the services of a contractor at Owner's expense. There will be yard service available for a fee to Owners wishing to contract for maintenance of side and rear yards. Owners should contact the Association for details. 12.7 Maintenance of Structures and Grounds. Each Owner shall maintain his or her Lot and structures thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. 12.8 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 construction activities, or other activitiesby Owners, by persons acting for Owners, or by persons in or around the Property at the request of or with the consent of the Owners. Repairs not immediately made by Owners after reasonable notice may be executed by the Board at the Owner's sole expense. ARTICLE 13 INSURANCE AND INDEMNIFICATION 13.1 Association Insurance Coverage. The Association shall obtain and maintain at all times the insurance required below and such additional insurance as the Board deems advisable, which will include, but is not be limited to, the following: 13.1.1 Property Insurance. The Association shall obtain and maintain at all times a policy of property insurance covering all insurable improvements within the Common Areas against loss or damage resulting from fire and other hazards covered under special form coverage ("all risk"), including vandalism, malicious mischief, sprinkler leakage, debris removal, cost of demolition, windstorm, flood and water damage endorsements. Coverage shall be for the full insurable replacement cost (without deduction for depreciation) of such improvements, exclusive of land, foundation, excavation and other items normally excluded from coverage, and shall be subject to a commercially reasonable deductible. Such policy of insurance'shall cover - the interests of the Association and the Owners and First Mortgagees as their interests may appear and, if available at reasonable cost, the following terms: (a) A waiver of subrogation by the insurer as to any claims against the Association and its Board and property manager (if any), and against any Owner or guest of any Owner; (b) A standard mortgagee clause, except that the loss payment provision shall be subject to the terms of Article 13 of this Declaration; (c) A provision that no policy may be canceled, invalidated, or suspended because of the action of an Owner; CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 39 • • • (d) A provision that no policy may be canceled, invalidated, or suspended because of the conduct of any director, officer, or employee of the Association unless the insurer gives the Association a prior written demand that the Association correct the defect and allows the Association a reasonable time to make the correction; (e) A provision that the policy is primary in the event an Owner has other insurance covering the same loss; (f) A provision that the policy cannot be canceled or substantially modified without at least ten (10) days' prior written notice to all insureds; and (g) A provision that any adjustment of the loss will be made by the Association, and that all proceeds thereof shall be paid to either the Association or an insurance trustee, as provided in Article 15 of this Declaration. The Board may by resolution determine the amount of deductible for such insurance policy, based on availability and costs. Owners shall be responsible for the deductible to the extent it is determined that they, their tenants or guests are responsible for the damage caused to the Common Maintenance Areas or other properties that the Association insures. 13.1.2 Liability Insurance. The Association shall at all times maintain commercial general liability insurance covering the Common Areas with limits of loss of not less than $1,000,000 combined single limit for personal injury or property damage (such policy limits to be reviewed at least annually by the Board and increased in its discretion), insuring the Association, all Owners, and any managing agent against liability to the public or to individual Owners, subject to a commercially reasonable deductible. 13.1.3 Workers and Employers Insurance. The Association shall obtain and maintain at all times worker's compensation and employer's liability insurance to the extent required by applicable laws. 13.1.4 Fidelity Insurance. The Board shall obtain and maintain at all times fidelity insurance naming the Board and all other officers, directors and employees of the Association handling or responsible for funds of or administered by the Association. If a management agent has the responsibility for handling or administering funds of the Association, the management agent will be required to maintain fidelity insurance coverage for its officers, employees and agents responsible for such funds. In no event may the aggregate amount of such insurance be less than a sum equal to three (3) months' Annual Assessments. The insurance must contain waivers by the issuers of the insurance of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. 13.1.5 Insurance Against Loss of Association's Personal Property. The Association shall obtain and maintain at all times insurance against loss of personal property of the Association by fire, theft, and other losses, with deductible provisions as the Board deems advisable. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 40 PDX\ 128047\200909\LAC\ 15452096.7 • • • 13.2 Owners' Insurance Coverage. Each Owner shall obtain and maintain a homeowner's insurance policy covering all insurable improvements located on its Lot and liability resulting from use or ownership of the Lot. The insurance coverage maintained by the Association shall not be brought into contribution with the insurance obtained by an Owner under this Section. 13.3 Builders' Insurance Coverage. Each Builder shall maintain the following insurance coverages: 13.3.1 Liability Insurance. Commercial general liability insurance with limits of loss of not less than $1,000,000 combined single limit for personal injury or property damage, subject to a commercially reasonable deductible. 13.3.2 Automobile Insurance. Automobile liability insurance covering owned, " hired, and non -owned vehicles in an amount of not less than $500,000 per occurrence. 13.3.3 Workers and Employers Insurance. Worker's compensation and employer's liability insurance to the extent required by applicable laws. 13.3.4 Additional requirements. Each insurance policy required to be maintained by a Builder under Sections 13.3.1 and 13.3.2 above shall name Declarant and the Association as additional insureds and shall be endorsed (if necessary) to insure the Builder's indemnification obligation under Section 13.4 below. Each Builder shall provide a certificate of insurance evidencing compliance with this Section to Declarant and the Association prior to commencing any preparatory or construction activities on any Lot, upon request, and upon renewal or issuance of new policies. 13.4 Builders' Indemnification. Each Builder agrees to indemnify, defend and hold Declarant and the Association harmless from and against any claims, demands, actions, suits, judgments, losses, damages, penalties, fines, costs, or expenses, including attorneys' fees (collectively, "Claims") arising from or relating to (a) the activities of the Builder and its employees, agents, consultants, contractors and suppliers within the Subdivision; or (b) the Builder's failure to comply with the terms and conditions of this Declaration, except to the extent of any Claims caused by the gross negligence or intentional acts of party claiming protection under this indemnification. ARTICLE 14 LIMITATION OF LIABILITY 14.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or Declarant (or Declarant's managing agent) exercising rights reserved to it hereunder, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, inciuding the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision by such CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 41 • • • person in such person's official capacity. This Section shall not apply to the extent the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board; providing, however, that any such insurance or bonds shall contain a waiver of subrogation rights in favor of any person released hereby (unless insurance or bonds containing such a waiver of subrogation is not available at commercially reasonable rates). 14.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, or Declarant (or Declarant's managing agent) exercising Special Declarant Rights, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he may be a party; or in which he may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred; except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled. Notwithstanding the foregoing, in the event of a settlement, such indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him in his capacity as a Member or Owner of a Lot (as opposed to his capacity as a Board member, Association committee member or Association officer, or Declarant or Declarant's managing agent exercising Special Declarant Rights). ARTICLE 15 DAMAGE OR DESTRUCTION 15.1 Common Areas. 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. 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 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 condition 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 CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 42 • • • 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. 15.2 Dwellings. If all or any portion of a Dwelling or any other improvements located on an Owner's Lot is/are damaged by fire or other casualty, the Owner thereof shall either (a) restore the damaged Improvements or (b) remove all damaged Improvements, including foundations, and leave the Lot in a clean and safe condition. Any restoration proceeding under (a) above must be performed so that the Improvements are in substantially the same condition in which they existed before the damage or destruction, unless the owner complies with the provisions of Article 7. The Owner must commence such work within sixty (60) days after the damage or destruction occurs and must complete the work within six (6) months thereafter. ARTICLE 16 CONDEMNATION 16.1 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. 16.2 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. 16.3 No proceeds received by the Association as the result of any condemnation shall be distributed to an Owner or to any other party in derogation of the rights of the First Mortgagee of any Lot. ARTICLE 17 MORTGAGEES 17.1 Notice of Delinquency. An institutional holder, insurer or guarantor of a Mortgage who provides a written request to the Association will be entitled to timely written notice of any delinquency in the- payment of an assessmentor failure to perform any other_ obligation under the Governing Documents by the Owner of a Lot subject to its Mortgage which is not cured within sixty (60) days. 17.2 Reimbursement of First Mortgagees. First Mortgagees 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 casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy. First Mortgagees making such payments shall be entitled to immediate reimbursement from the Association. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 12 8047\200909\LAC\ 15452096.7 Page 43 • • • ARTICLE 18 AMENDMENT 18.1 Amendment by Owners. After the expiration of the Development Period, this Declaration can be amended only by written consent of the Owners of seventy-five percent (75%) of the Lots. Any such amendment must be in writing, approved by qualified Owners and recorded with the Yakima County Auditor. 18.2 Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant during the Development Period and all Owners agree to be bound by such amendment or amendments. 18.3 Certification of Amendments. Upon approval of an amendment as provided in this 17.1, the president and secretary of the Association "shall execute an instrument &mending this Declaration and certifying that the amendment was adopted in accordance with this Declaration, which certification shall be properly acknowledged in the manner of acknowledgment of deeds, and the Board, or other duly appointed and authorized persons, shall record the instrument amending this Declaration in the Official Records of Yakima County, Washington. No amendment to this Declaration is effective until recorded, and the effective date of an amendment is the date of recording, unless a later date is indicated in such amendment. 18.4 Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature without the assent of the Board or Owners, and as an attorney-in-fact for the Association and all Owners with an irrevocable power coupled with an interest, may at any time until the termination of the Development Period file such amendments to this Declaration and the plat map of the Project as are necessary to meet the then requirements of Federal National Mortgage Association, Veterans Administration, Federal Home Loan Mortgage Corporation, or other agencies, institutions or lenders financing and/or title insuring the purchase of a Lot from the Declarant. ARTICLE 19 ANNEXATION AND CONVERSION 19.1 Annexation by Declarant. At any time from time to time until the expiration of the Development Period, Declarant may, in its discretion without the assent of the Board, Owners or Mortgagees, cause any real property not already part of the Project to be annexed to the then existing Project and thereby subjected to this Declaration as part of the Project. Such annexation shall be accomplished by recording an amendment to this Declaration in accordance with the provisions of Section 19.3 below. Lots within property annexed to the Project pursuant to this Section 19.1 shall be owned by Declarant. 19.2 Non -Declarant Annexations. Annexation of additional properties (other than Declarant annexations provided for in Section 19.1 above) shall require the assent of seventy- five percent (75%) of the Owners attending a meeting duly called for this purpose, written notice of which shall be sent to all Owners not less than thirty (30) days or more than sixty (60) days in CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\15452096.7 Page 44 • • • advance of the meeting setting forth the purpose of the meeting. At this meeting, the presence of Owners or of proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. In the event sixty-seven percent (67%) of the Owners are not present in person or by proxy, Owners not present may give their written consent to the action taken thereat. Until the Transition Date, annexation of additional properties under this Section shall also require the prior written approval of the Declarant. Annexation of additional properties under this Section shall be accomplished by recording an amendment to this Declaration in accordance with the provisions of Article 18 above. 19.3 Declaration Amendment. To make effective any annexation pursuant to this Article 19, the Declarant (or the Association acting pursuant to Section 19.2 above) shall execute and record an amendment to this Declaration describing the real property to be annexed (the "Annexed Property") and stating that such Annexed Property shall be annexed to and made a part of the Project. Such amendment shall identify Common Areas within the Annexed Property, and may include covenants, conditions and restrictions affecting such Common Areas and the use and maintenance thereof. Such covenants, conditions and restrictions shall be operative as a set of covenants running with the land as provided in Section 21.1 below. From and after the recording of such amendment, all property (including all Lots, Common Areas, and all Dwellings and other improvements constructed thereon) within the Annexed Property as well as within the Project existing prior to such amendment shall constitute a single Project pursuant to the provisions of this Declaration. 19.4 Common Areas Within Annexed Property. Common Areas within property subsequently annexed to the Project shall be available for the common use of all Owners of Lots within such subsequently Annexed Property as well as within the Project existing prior to such annexation. Likewise, Common Areas within the Project existing prior to such annexation shall be available for the common use of all Owners of Lots within the Project including the property annexed thereto. 19.5 Conversion of Lots to Common Area. Declarant reserves the right to amend this Declaration and the plat maps for the Project, from time to time until the termination of the Development Period, for the purpose of converting to Common Area any Lots or portions thereof which have not yet been improved with Dwellings. Such amendment shall not require the consent of any person other than the Owner(s) and Mortgagee(s) of the property to be converted. 19.6 Conversion of Common Area to Lots. Declarant reserves the right to amend this Declaration and the plat maps of the Project, from time to time until the termination of the Development Period, for the purpose of converting to Lots any Common Area. Such amendment shall require the prior approval of seventy-five percent (75%) of the Owners and of institutional first Mortgagees. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 45 • • • 19.7 Adjustment of Voting and Common Expense Percentages. In the event of the annexation of property to the Project, the conversion of Lots to Common Areas or the conversion of Common Areas to Lots, the voting rights and pro rata assessments shall be adjusted accordingly. ARTICLE 20 DISPUTE RESOLUTION AND LIMITATIONS ON LITIGATION 20.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes. The Association, Declarant, all Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Property, and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, each Bound Party covenants and agrees that all claims, grievances or disputes between such'Bound Party and any other Bound Party involving the Property, including without limitation claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of this Declaration, the Bylaws, the Association rules or the Articles (collectively "Claim"), except for those Claims authorized in Section 20.2, shall be resolved using the procedures set forth in Section 20.3 in lieu of filing suit in any court or initiating proceedings before any administrative tribunal seeking redress or resolution of such Claim. 20.2 Exempt Claims. The following Claims ("Exempt Claims") shall be exempt from the provisions of Section 20.3 20.2.1 Any suit by the Association against any Bound Party to enforce the provisions of Article 7; 20.2.2 Any suit by the Association to obtain a temporary restraining order (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 8, Article 11, the Design Guidelines and the Rules and Regulations; 20.2.3 Any suit between Owners (other than Declarant) seeking redress on the basis of a Claim which would constitute a cause of action under the laws of the state of Washington in the absence of a claim based on the Governing Documents; 20.2.4 Any suit by the Association in which similar or identical Claims are asserted against more than one Bound Party; and 20.2.5 Any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, clarification or interpretation of any provision of this Declaration. Any Bound Party having an Exempt Claim may submit it to the alternative dispute resolution procedures set forth in Section 20.3, but there shall be no obligation to do so. The CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 46 • • • submission of an Exempt Claim involving the Association to the alternative dispute resolution procedures of Section 20.3 shall require the approval of the Association. 20.3 Mandatory Procedures for All Other Claims. All Claims other than Exempt Claims shall be resolved using the following procedures: 20.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent"), other than an Exempt Claim, shall notify each Respondent in writing of the Claim (the "Notice "), stating plainly and concisely: (a) The nature of the Claim, including date, time, location, persons involved and Respondent's role in the Claim; (b) ° The basis of the Claim (i.e., the provisions of this Declaration, the Bylaws, the Articles or rules or other authority out of which the Claim arises); (c) What Claimant wants Respondent to do or not do to resolve the Claim; and (d) That Claimant wishes to resolve the Claim by mutual agreement with Respondent and is willing to meet in person with Respondent at a mutually agreeable time and place to discuss in good faith ways to resolve the Claim. 20.3.2 Negotiation. (a) Each Claimant and respondent (the "Parties") shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. (b) Upon receipt of a written request from any Party, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in resolving the dispute by negotiation, if in its discretion it believes its efforts will be beneficial to the parties and to the welfare of the Community. 20.3.3 Mediation. (a) If the Parties do not resolve the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to submit the Claim to mediation under the auspices of the Dispute Resolution Center of Yakima and Kittitas Counties, or such other independent agency providing similar services upon which the parties may mutually agree. (b) If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 47 • • • account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (c) If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined reasonable or appropriate by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, and the date that mediation was terminated. (d) Each Party shall, within five (5) days of the Termination of Mediation, make a written offer of settlement in an effort to resolve the Claim. The Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent. The Respondent shall make a final written -settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 20.3.4 Final and Binding Arbitration. (a) If the Parties do not agree in writing to accept either the Settlement Demand, the Settlement Offer or otherwise resolve the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen (15) additional days to submit the Claim to arbitration in accordance with the Rules of Arbitration of the American Arbitration Association or the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (b) This Section 20.3.4 is an agreement of the Bound Parties to arbitrate all Claims except Exempt Claims and is specifically enforceable under the applicable arbitration laws of the state of Washington. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the state of Washington. 20.4 Allocation of Costs of Resolving Claims. 20.4.1 Each Party shall bear its own costs incurred prior to and during the proceedings described in Sections 20.3.1, 20.3.2 and 20.3.3, including the fees of its attorney or other representative. Each Party shall share equally all charges rendered by the mediator(s) pursuant to Section 15.3.3. 20.4.2 Each Party shall bear its own costs (including the fees of its attorney or other representative) incurred after the Termination of Mediation under Section 20.3.3 and shall share equally in the costs of conducting the arbitration proceeding (collectively, "Post Mediation Costs"), except as otherwise provided in Section 20.4.3. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 48 • • • 20.4.3 Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add such Claimant's Post Mediation Costs to the Award, such Costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than Respondent's Settlement Offer to that Claimant shall also award to such Respondent its Post Mediation Costs, such Costs to be borne by all such Claimants. 20.5 Enforcement of Resolution. If the Parties agree to resolve any Claim through negotiation or mediation in accordance with Section 20.3 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 20.3. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non- complying Party (or if more than one non -complying Party, from all such Parties pro'rata) all costs incurred in enforcing such agreement or Award, including without limitation attorneys' fees and court costs. ARTICLE 21 GENERAL PROVISIONS 21.1 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. 21.2 Enforcement by Court Action. The Association, the Declarant, the ACC, the Association, or any 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. 21.3 Enfofcement 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. 21.4 Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the offending 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 fifteen (15) days. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 49 • • • 21.5 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. 21.6 Owner Objection. Should an Owner object to the complaint of the Declarant, the Association or ACC in writing within fourteen (14) 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 the parties 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 with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 21.7 Costs and Attorney's 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. 21.8 Nonwaiver for 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. 21.9 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. 21.10 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 Property by providing a common plan for the Project. 21.11 Conflicts. If there is a conflict between the terms of this Declaration and any other Governing Documents, this Declaration shall control. CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\128047\200909\LAC\15452096.7 Page 50 • • • 21.12 Amendment by Court Action. The Association and/or any 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 Owner seeking the amendment. In any such court action, the court may exercise its equitable powers to grant such relief as is deemed appropriate. 21.13 Term. This Declaration shall be effective for an initial term of thirty (30) years, and thereafter by automatic extension for successive periods of ten (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 less than seventy-five percent (75%) of the Lots then subject to this Declaration. Any termination agreement must be in writing, approved by Owners eligible to vote, and must be recorded with the County Auditor. { Signature and Acknowledgement on Following Page } CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PDX\ 128047\200909\LAC\ 15452096.7 Page 51 • This Declaration is hereby executed on this day of 2015. STATE OF WASHINGTON COUNTY OF YAKIMA DECLARANT: CATALYSS, LLC, a Washington limited liability company By: ) ) ) ss. On this day of , 2015, 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 Catalyss, LLC, the limited liability company 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. Printed Name: NOTARY PUBLIC in and for the State of Washington, Residing at My commission expires: CATALYSS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 52 PDX\ 128047\200909\LAC\ 15452096.7 • 10 • • • • • EXHIBIT A - LEGAL DESCRIPTION Exhibit A LEGAL DESCRIPTION PDX\ 128047\200909 \LAC\15452096.7 • • • PARCEL A THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., LYING SOUTHERLY AND EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY. AND THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY AND NORTHERLY OF A LINE BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 659.00 FEET SOUTH OF THE NORTHEAST CORNER THEROF; THENCE NORTH 86'40'00 WEST 1,115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF SAID CANAL; EXCEPT THAT A PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89'59'18" EAST ALONG THE SOUTH LINE THEROF 658.19 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 89'58'52" EAST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEST QUARTER OF SAID SECTION 15 A DISTANCE OF 69.77 FEET TO THE WESTERLY RIGHT OF WAY OF NORTH 40TH AVENUE, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1050.00 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A CENTRAL ANGLE OF 0'09'48", AN ARC LENGTH 2.99 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 02'21'39" EAST TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89'58'52" WEST 304.46 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF 225.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 64'37'09" AN ARC LENGTH OF 253.76 FEET; THENCE NORTH 25'21'42" WEST 466.72 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 33'00'26" AN ARC LENGTH OF 86.41 FEET TO THE YAKIMA CANAL COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE. PARCEL B THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., DESCRIBED AS FOLLOWS: • • • BEGINNING 659.9 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF' THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE NORTH 86'40' WEST, 1115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF THE YAKIMA VALLEY CANAL; THENCE SOUTHEASTERLY, ALONG SAID RIGHT OF WAY LINE, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH, 375 FEET TO THE POINT OF BEGINNING; EXCEPT BEGINNING 659.9 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.; THENCE NORTH 86'40' WEST, 214.00 FEET; THENCE SOUTH 0'00' EAST, 337.6 FEET, MORE OR LESS, TO THE NORTHEASTERLY RIGHT OF WAY LINE OF THE YAKIMA VALLEY CANAL; THENCE SOUTHEASTERLY, ALONG SAID RIGHT OF WAY LINE, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH, 375.00 FEETTO THE POINT OF BEGINNING. • 11 • • • • Exhibit B PHASE I • EXHIBIT B- PHASE I PDX\ 128047\200909\LAC\ 15452096.7 MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF CATALYSS IN THE SW 1/4 OF SEC. 15, T-13 N, R-18 E,W.M. • LEGAL mEBC13111 N PARCEL TA BW0107 MO 04104 0 IMt 10311 N MOLT OMT Or 404111 0 00* CMW11 De 00.111001 a W 019 I> IOWP li 1914 MIKE Y EKf. all. 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I Yakima Cniinty Auditor EXHIBIT A Legal Description File # 7910983 Page 53 of 65 PARCEL A: That portion of the North 1/2 of the North 1/2 of the Southwest 1/4 of Section 15, Township 13 North, Range 18, E.W.M., lying Southerly and Easterly of the right of way of the Yakima Valley Canal Company. AND That portion of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, and the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 lying Easterly of the right of way of the Yakima Valley Canal Company and Northerly of a line beginning at a point on the East line of said Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, 659.90 feet South of the Northeast corner thereof; thence North 86°40'00" West 1,115 feet, more or Tess, to the Easterly right of way line of said canal; EXCEPT that portion lying Northeasterly of the following described line: Beginning at the Southwest corner of the Northeast 1/4 of the Northeast 1/4 of said Southwest 1/4; thence South 89°59'18" East along the South line thereof 658.19 feet to the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of said Section 15; thence South 89°58'52" East along the South line of the North 1/2 of the North 1/2 of the Southeast 1/4 of said Section 15 a distance of 69.77 feet to the Westerly right of way of North 40th Avenue, said point being on a curve concave to the East having a radius of 1050.00 feet; thence Northerly along said right of way, consuming a central angle of 00°09'48", an arc length 2.99 feet, said curve having a chord bearing of North 02°21'39" East to the point of beginning of said line; thence North 89°58'52" West 304.46 feet to the point of curvature of a curve concave to the Northeast, said curve having a radius of 225.00 feet; thence Northwesterly along said curve consuming a central angle of 64°37'09" an arc length of 253.76 feet; thence North 25°21'42" West 466.72 feet to the point of curvature of an curve to the left having a radius of 150.00 feet; thence Northwesterly along said curve consuming a central angle of 33°00'26" an arc length of 86.41 feet to the Yakima Valley Canal Company right of way and the terminus of said line. Situated in Yakima County, State of Washington. ASSESSOR'S PARCEL NO. 181315-31011 AREA CODE: 335 Yakima -County Auditor File # 7910983 Page 54 of 65 PARCEL B: That portion of the Southwest 1/4 of Section 15, Township 13 North, Range 18, E.W.M., described as follows: Beginning 659.9 feet South of the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 15, Township 13 North Range 18, E.W.M.; thence North 86°40' West, 1115 feet, more or less, to the Easterly right-of-way line of the Yakima Valley Canal; thence Southeasterly, along said right-of-way line, to the East line of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section; thence North, 375 feet to the point of beginning; EXCEPT beginning 659.9 feet South of the Northeast corner of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 15, Township 13 North, Range 18, E.W.M.; thence North 86°40' West, 214.40 feet; thence South 00°00' East, 337.6 feet, more or less, to the Northeasterly right-of-way line of the Yakima Valley Canal; thence Southeasterly, along said right-of-way line, to the East line of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section; thence North, 375 feet to the point of beginning. Situated in Yakima County, State of Washington. ASSESSOR'S PARCEL NO. 181315-34037 AREA CODE 335 Yakima County Aurlitnr File # 7910983 Page 55 of 65 EXHIBIT B Phase 1 Yakima County Auditor File # 7910983 Page 56 of 65 EXHIBIT B Phase 1 Document on file with the City of Yakima Planning Department File # PD# 001-09 PD# 001-16 PLP# 001-16 June 7, 2016 File # 7910983 Page 57 of 65 Phase 1 CATALYSS 4211 CATALYSS WAY YAKIMA, WA 98908 509-969-6554 WWW.CATALYSSHOMES COM DESIGNATION OF EXHIBITS MAINTAINED OF RECORD BY CITY OF YAKIMA Addendum to Development Agreement Between City of Yakima, Washington, and Catalyss, LLC (Catalyss Planned Residential Development) The City of Yakima, a municipal corporation, and Catalyss, LLC, have entered into a Development Agreement dated January 20, 2016, as approved pursuant to Resolution No. 2016- 011 adopted by the Yakima City Council on January 19, 2016. This Development Agreement is filed for record with the Yakima County Auditor. The Development Agreement and this addendum recorded with the Yakima County Auditor includes copies of Exhibits A, B, D and E, a City of Yakima Release and Waiver of Damages for Private Garbage Service with Exhibit A, Catalyss Infrastructure Phasing Plan with Exhibit A, and Declaration of Covenants, Conditions Restrictions and Easements with Exhibits A and B,. However, because of the volume of documents contained in the above mentioned exhibits, the exhibits are filed and maintained for record in the office of the Planning Division of the City of Yakima Community Development Department at the address given below: Planning Division Community Development Department City Hall, City of Yakima 129 North 2nd Street Yakima, Washington 98901 A full and complete copy of the Development Agreement, and all amendments and addendums including copies of all incorporated Exhibits, are available for inspection or copying upon request to the Planning Division. Nothing in this Designation of Exhibits alters, amends or supersedes the content or provisions of the Development Agreement referenced above. Yakima County Auditor CATALYSS, LLC a By: ted liability company David Mafaging Member Date: 7 , 2016 File # 7910983 Page 58 of 65 Yakima (runty At CATALYSS INFASTRUCTURE PHASING PLAN File # 7910983 Page 59 of 65 Yakima -County Auditor CATALYSS INFASTRUCTURE PHASING PLAN EXHIBIT A File # 7910983 Page 60 of 65 Yakima County Auditor EXHIBIT A CATALYSS INFASTRUCTURE PHASING PLAN Document on file with the City of Yakima Planning Department File # PD# 001-09 PD# 001-16 PLP# 001-16 June 7, 2016 File # 7910983 Page 61 of 65 MASTER PLANNED DEVELOPMENT — SINGLE USE AND PRELIMINARY PLAT OF CATAL.YSS IN THE SW 1/4 OF SEC. 15, T-13 N, R-18 E,W.M. t Flo an r Phase thimber$ ItGAL OOcre70M MI1Ca A glhBf• AO (AMAIN 0O It Or 0! SO Or H Y/MA VAL, CAM SWMT IA mous Ir MAK dna la un. u�. tom wo MAT 000101101 PA MINIM OVA. 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PM NCI MM.44O . leu .1114010. 1M1101011.1 11 •Ma10.1 .4414 w r1. itlMM. ninI4 Mi- van= PLSA°0111"`W�" m� r •1.4011 A.naO 11.. 01 MIO MAMA PIA/r[D O[V¢OP•CNT ' .� .P "OAT 1' m NMI yl 415(Op ON 1/4. 5(1 ,• 1-13 1r. 14-10 .4•04 sm. EL 1 . 1 City of Yakima Release and Waiver of Damages for Private Road Garbage Service The undersigned Home Owner's Association or Property Owner (referred to as the "Undersigned") owns a private roadway (or portion of a private roadway) in the City of Yakima which does not meet the City's road standards and will not be accepted as a public road unless and until the City's road standards are met. The Undersigned acknowledges that garbage service is mandatory in the City and that garbage trucks will need to obtain access over and through the private roadways adjacent to the Undersigned's property. Further, The Undersigned acknowledges that the garbage trucks may cause damage to streets, sidewalks and curbs that do not meet City road standards. In consideration for convenient curb -side garbage service on the private road, as shown in Exhibit "A" attached hereto, the Undersigned hereby RELEASES THE CITY OF YAKIMA, AND ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY LIABILITY FOR INJURIES OR DAMAGES TO THE PRIVATE ROADWAY, CURBING, GUTTERS, SIDEWALKS OR OTHER ROAD STRUCTURE RELATED FACILITIES LOCATED WITHIN THE ROADWAY OR SIDEWALK RIGHTS-OF-WAY AS SHOWN ON THE PLAT OF THE PROPERTY, WHICH MAY RESULT FROM THE GARBAGE COLLECTION SERVICES OF THE CITY OF YAKIMA. If the Home Owner's Association signs this form on behalf of the homeowners subject to the HOA's rules and regulations, it agrees to all of these terms on behalf of the homeowners subject to the HOA, now existing and those who subsequently become members, its agents, successors or assigns, and this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement is binding on them. If the Property Owner signs this form, he or she agrees to all of the terms on behalf of their spouse, heirs, executors, personal representatives, and assigns, and this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement is binding on them. I have read and understand the information in this Release and Waiver of Damages for Private Road Garbage Service. /-� Name of Home Owner's Association (if applicable): CC��C_1 �SS Nan Signa re Printed �name 5\ ` /J J • Position in HOA (if applicable) Y-alcima-Countylau dilor Date: (0 � — (u/ File # 7910983 Page 62 of 65 AS -11,;(.))e) 0 Signature eArC1 6.i LC (V Printed name Position in HOA (if applicable) Yakima -County Auditor File # 7910983 Date: (0 -3 ZL) 110 Page 63 of 65 Yakima -County -Auditor File # 7910983 EXHIBIT A Plat Map Page 64 of 65 EXHIBIT A PLAT MAP Document on file with the City of Yakima Planning Department File # PD# 001-09 PD# 001-16 PLP# 001-16 June 7, 2016 File g 79 9983 Page 65 of 65 MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF CATALYSS IN THE SW 1/4 OF SEC. 15, T-13 N, R-18 E,W.M. e Ar -- - LEGAL 0CSCR/1IO01 PARCEL A .o • M[ Z. al • 4t,. •41114 1 v Mn ANI +Ox Nall Mai C.. oarenwt • 1.t DEINNO0 Aarmacla T 1.11. 0. lie .1 T 10 1delsaVa..0 0 ...PSI am OF ar Or MI [414011 O Oc Aar.CST ANN .1 1l 10141 tow. 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Pre 1.1-40-0141.00 PLSAMO ALAI LPCOLM ANTRA OCIALI wFlmnw-101.m ww 5/1,110110MGM MASTER R ANE) DEVEl0HE1ff sr .. ov Nov Tor= CTant., C.0 us, rt, so I/O, ASC. -11 41 Como 1 A 1 • • • 12 • • • Development Agreement - 18 Exhibit H: MDNS COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planning@yakimawa.gov • httpJ/www.yakimawa.gov/services/planning/ SEPA NOTICE OF AVAILABILITY OF SEPA ADDENDUM February 27, 2015 Description of current proposal: Addendum to an existing City of Yakima Environmental Review/Mitigated Determination of Non - Significance (MDNS) (File Number SEPA #020-09) by Envizage Development Group, now known as Vincitore, LLC — Toscanna, for grading of 150,000 cubic yards of dirt on two parcels. City Addendum File Number: SEPA #005-15 Proponent: Vincitore, LLC — Toscanna 200 Galloway Dr. Yakima, WA 98908 Location of current proposal: The subject property is located in the vicinity of 40th Ave & Castievale Road, Yakima, WA. • Assessor's Parcel Number(s): 181315-31011 & 181315-34037 Notice of availability of SEPA addendum: This document serves as a notice of availability of a formal SEPA document, an addendum, pursuant to the SEPA rules (Chapter 197-11 WAC). In accordance with WAC 197-11-630, there is no new SEPA-specific public comment period in conjunction with this notice. The addendum provides additional informational and analysis resulting from the current proposal. The addendum does not change the analysis of significant impacts in the existing environmental documents. The addendum relates to the City of Yakima MDNS issued for City Fie Number SEPA #020-09. The document referred to herein and other documents relating to this proposal may be reviewed at Yakima City Hall, Department of Community Development, 129 North 2nd Street, Yakima, WA, during regular business hours. The City of Yakima has identified these documents as being appropriate for this proposal after independent review by the City's SEPA Responsible Official. These documents, augmented by the SEPA addendum, meet the City's SEPA environmental review needs for the current proposal and will accompany the proposal to the decision maker. Name of agency adopting documents: City of Yakima, Washington Contact person: Joan Davenport, AICP • SEPA Responsible Official and City of Yakima Director of Community Development • • • Address: City of Yakima Department of Community Development 129 North 2nd Street Yakima, Washington (509) 575-6183 Date: February 27, 2015 Signature: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planning(iryakimawa.gov • http://www.yakimawa.gov/services/planningl WASHINGTON STATE ENVIRONMENTAL POLICY ACT ADDENDUM TO: MITIGATED DETERMINATION of NONSIGNIFICANCE Dated February 27, 2015 For Vincitore LLC - Toscanna City of Yakima File Number SEPA #020-09 A. Proposal Name and Location Vincitore, LLC - Toscanna (property owner) for environmental review of the following. 1. Grading of 150,000 cubic yards of dirt on two parcels. The subject properties are located in the vicinity of 40th Ave. & Castlevale Rd. Parcel Number(s): 181315-31011 & 181315-34037. B. Environmental Documents to Which this Addendum Applies The City of Yakima Planning Division issued a Mitigated Determination of Nonsignificance (MDNS) for the original proposal on June 12, 2009 (2009 MDNS: File Number: SEPA #020-09). The 2009 MDNS was never appealed by any party and is now final. On February 27, 2015, the City of Yakima issued a SEPA addendum amending the applicant's 2009 MDNS by: 1. Increasing the amount of grading from 35,000 cubic yards of dirt to 150,000 cubic yards of dirt. This Addendum applies to the 2009 MDNS City of Yakima File Number: SEPA#020-09. C. Applicant Vincitore, LLC 200 Galloway Dr. Yakima, WA 98908 D. Date of Addendum This Addendum was prepared on February 27, 2015, pursuant to WAC 197-11-600(4) (C), WAC 197-11-625 and Yakima Municipal Code YMC 6.88.150. • • • • E. Description of Current Proposal At the request of the applicant, the original proposal has been modified in certain respects. These modifications (referred to as the "current proposal") include the addition of the following changes to the applicant's site plan and SEPA Checklist: 1. Increasing the amount of grading from 35,000 cubic yards of dirt to 150,000 cubic yards of dirt. City File Number: SEPA#-005-15. A. Comparison of the Current Proposal and the Original Proposal. The current proposal increases the amount of grading from 35,000 cubic yards of dirt to 150,000 cubic yards of dirt. The increase in the amount of grading is occurring in order to better utilize the topography and improve sewer and stormwater management. B. Environmental Analysis and Additional Information The impacts resulting from the current proposal are not anticipated to be different from those analyzed in connection with the original proposal. In the previous MDNS that was issued in 2009 there were a number of mitigation measures that were required in order to reduce the impacts on the environment. These mitigation measures include but are not limited to dust control, stormwater management, and erosion control. Due to the fact that the impacts resulting from the current proposal are not anticipated to be different from the original proposal no further mitigation is required I. Conclusion The current proposal will not result in new significant adverse environmental impacts not analyzed in connection with the 2009 MDNS. This addendum provides additional information and analysis relating to the current proposal. ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), RCW Ch. 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR ;APPLICANTS;.;, This environmental checklist asks you to describe some basic information about your proposal. Govemmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best•description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be signiticant adverse impact. t _ USE OF;CHECKLIST:FOR NONPROJECT PROPOSALS Complete this checklist for non -project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND INFORMATION (To be completed by the applicant.) t. Name Of Proposed Project (If Applicable): Vincitore LLC 2. Applicant's Name & Phone: Vincitore LLC 509.966.8415 3. Applicant's Address: 200 Galloway Drive Yakima, WA 98908 4. Contact Person & Phone: Jim Laidler (253) 405-1916 S. Agency Requesting Checklist: City of Yakima 6. Date The Checklist Was Prepared: January 31st, 2015 7. Proposed Timing Or Schedule (Including Phasing, If Applicable): Start Construction Spring of 2015 8. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: Remaining site area and adjacent parcel to be developed with single family type homes Revised 07t2014 11-CM`4-✓'"" II Page 4 EB 0 9 2.015 LQ cm oil • List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: Soils Report - City File - PD #001-09 Traffic Impact Analysis - City File - PD #001-09 Acoustical Report - City File - PD #001-09 Geo -Tech Report - City File - PD #001-09 MDNS - City File - PD #001-09 10. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: Completion of Development Agreement for Master Planned Development and Preliminary Plat 11. List any government approvals or permits that will be needed for your proposal, if known: Planned Development, Preliminary Plat and Final Plat and related site development permits 12. Give a brief, but complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): The Vincitore subdivision and Planned development (formerly known as Toscanna) are described in City File - PD #001-09. The environmental checklist prepared for City File - PD #001-09 and the MDNS issued by the City anticipated that approximately 35,000 cubic yards of material would be graded to balance the site. As engineering has progressed, it has been determined that we will need to move approximately 105,000 cu. yds. of dirt in order to balance the site for development including 3,000 cu. yds. of fill material that is currently located on the site. There will be no additional fill added to the site. The purpose of our grading plan Is to best utilize the topography of the site for better sewer and storrn water management, no views from neighboring communities will be obstructed. Other environmental impacts are within the scope of those disclosed in the original environmental checklist and are not discussed herein. Answers to questions that do not pertain to the revised grading-quaantities-rafeate-PD 003-08 13. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.: Parcel #'s 181315-31011 and 181315-34037 approximately 28.77 acres on Castlevale Road, across from Seattle Slew Run intersection Revised 07/2014 Page5 • • • B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for Agency Comments 1. Earth a. General description of the site (✓ one): flat Q rolling i hilly II steep slopes mountainous jJ other b. What is the steepest slope on the site (approximate percent slope)? 15% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. see soils report city file PD# 001-09 see Geo -Tech Report: city file PD# 001-09 d. Are,there surface indications or history of unstable soils in ,the immediate vicinity? If so, describe. No e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. 'wo All be moving epprox matelyy 105.000 eu yds. of dirt in order to balance the site for development including 3,000 cu. e. of fitl ?hare will be no additional fill added to Uto situ. Tho e or our gragin p 010 beet matonet Ural is currently tpcatod an bet: utas o topography of Uro eso for bettor sewer and storm water management, no viowa trom n4801%1010 comrtrumU5s llbe f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. No, Best Management Practices will be used including but not limited to silt fence, hay bads and a dust control plan approved by the YRCAA g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not more than 60%, we will adhere to all city standards for lot coverage h. Proosed measures to reduce or control erosion, or other impacts to the earth, if any: State -of the art erosion control measures wit be used as required by the controlling Jurisdicti Grading along the canal will be limeed to cut slopes of 2 horizontal to 1 ventral to maintain soil stability. A grading plan was prepared by a professional engineer and is in city file PO 4001-09 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction period dust and equipment emissions and vehicle emissions typical for residential developments b. Are -there -any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: Construction Phase dust control plan and implementation as required by Yakima Regional Clean Air Authority (YRCAA) 3. Water a. Surface: Revised 07/2014 Page 16 ilECEIveo ci11 FEQ 9 2u13.�NNMNG 01V B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) b Space Reserved for Agency Comments 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No, but there is a man-made concrete lined irrigation canal owned by the Yakima Valley Canal Company adjacent to high portion of property. No work will be done in the canal Right of Way. rrn 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A, on site grading adjacent to the canal R.O.W will be limited to maintain the soil stability. 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground: L Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. NO 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No septic tanks Proposed c. Water Runoff (including stormwater): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (Include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe During grading period, silt fence surrounding site will be used, as well as an approved construction entrance to keep es much debris off of road as possible, regular street sweeping will also be provided as needed (SWPP) 2. Could waste materials enter ground or surface waters? If so, generally describe.eCE/ not anticipated Revised 07/2014 Page 1 7 0 CITY OF(y 2°15 FLANAING oiv • B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for Agency Comments 3. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: an approved erosion control plan and execution will be in place ' 4, Plants: a. Check (✓)tE e,s of vegetation found on the site. Deciduous Tree: U Alder 0 Maple ❑ Aspen 0 Other vr• e n r e it 12 CdrO Pine 0 Other . Shrubs ((-�xJJ Grass 0 Pasture Crop Or Grain Other 0 0 0 ❑ 0 Wet Soil Plants: 0 Cattail 0 Buttercup 0 Bullrush Skunk Cabbage ❑ Other Water Plants: Milfoil Eelgrass Water Lily Other Other Types Of Vegetation: b. What kind and amount of ,vegetation will be removed or altered? - s c. List threatened or endangered species known to be on or near the site. none known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: See PD 001-09 5. Animals: a. Check (✓) any birds and animals which have been observed on or near the site or are Birds: Hawk11101 Heron • Eagle ❑Songbirds Ir Other mail, crows, robins Mammals: in Deer • Bear • Elk • Beaver r Other gophers. mice 0 0 0 0 0 0 Fish: Bass Salmon Trout Herring Shellfish Other b. List any threatened or endangered species known to be on or near the site. none c. Is the site part of a migration route? If so, explain. Yes, North American FlyWay d. Proposed measures to preserve or enhance wildlife, if any: PD 001-09 d. Erre a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. electric and/or natural gas b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. no c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: none 7. Environmental Health Revised 07/2014 Page 18 • B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for Agency Comments a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. See PD 001-09 1. Describe special emergency services that might be required. None are anticipated 2. Proposed measures to reduce or control environmental health hazards, if any: During grading we will have a spill prevention and action plan in place. b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other) See acoustical report PD #001-09 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term noise associated with machinery used to grade site, within the hours of 7:30 am and 5:00 PM 3. Proposed measures to reduce or control noise impacts, if any: Grading activity will be reduced to the hours between 7:30am-5pm See Acoustical Report : city file PD #001-09 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? undeveloped, adjacent properties are used for residential and commercial b. Has the site been used for agriculture? If so, describe. yes, fruit tree crop c. Describe any structures on the site. no structures currently on site d. Will any structures be demolished? If so, what? Contractors received permits and removed buildings on property in June of 2013 e. What is the current zoning classification of the site? R1/R2 £ What is the current comprehensive plan designation of the site? Medium Density Res. g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. No i. Approximately how many people would reside or work in the completed PD 001-09 J. Approximately how many people would the completed project displace? none k. Proposed measures to avoid or reduce displacement impacts, if any. none Revised 07/2014 Page 19 fleCeveb FEB r 20/ PLgieN61©� k • B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) 'Space Reserved for Agency Comments 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: See PD 001-09 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. See PD 001-09 b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. none c. Proposed measures to reduce or control housing impacts, if any: none 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what are the principal exterior building materials proposed? See PD 001-09 b. What views in the immediate vicinity would be altered or obstructed? See PD 001-09 c. Proposed measures to reduce or control aesthetic impacts, if any: See PD 001-09 11. Light and Clare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None anticipated, work will be completed by 5:OOpm daily b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off-site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: See PD- 001-09 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Chesterly Park b. Would the proposed project displace any existing recreational uses? If so, describe. no Revised 07/2014 Pagel l0 • B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for : Agency Comments c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None Created /I' 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. no b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. none c. Proposed measures to reduce or control impacts, if any: see PD 001-09 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. CasUevale Rd and Kern Rd b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? Yakima Transit Service along 40th ave. 300' c. How many parking spaces would the completed project have? MDNS PD 001-09 How many would the project eliminate? None d. Will the proposal require any new roads or streets, or Improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). See PD 001-09 e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. no f. How many vehicular trips per day would be generated by the completed project? If known; indicate when peak volumes would occur. See PD 001-09 g. Proposed measures to reduce or control transportation impacts, if any: See PD 001-09 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: Not anticipated Revised 07/2014 Page 1 11 B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for Agency Comments b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Local police, fire and paramedic services Electric- Pacific Power, Phone- Century Link water/sewer/refuse- City of Yakima gas- Cascade Natural Gas 16. Utilities a. Circle utilities current1Laxailable at the site: .•,rte•., rtt xatlos, later , us ervic ephon skditary sewer, septic system, other. See PD 001-09 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. See MDNS PD 001-09 / C. SIGNATURE (To be romplet0tl•by theappiicant: The above answers are true aqd complete to the best of my knowledge. I understand that the lead agency is relying on them to snake its decision ner or g nt Signature • Revised 07/2014 ci pROJECT 2.1. zo/5 Date Submitted ATED'TO 'I'FIIS� E +kNVIRONME. Page 112 • LOas r MAR • •Project Vicinity Map SEPA#005-1 5 Related Projects: BLD -14-0753 Applicant: VINCITORE LLC Location: 4200 CASTLEVALE RD Friday - 02/27/2015 - 12:28:27 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices •s r; • 1;1'...e, Lain • ;Y• .iti i.pu; Sources. Esri, DeLorme, NAVTEQ, TomTom, Intermap; increment P Corp ` GEBCO etSGS"FAZY:"NPS7NRCAIrge113 e,'I0Nnce'ti sterNL, 'K Ordnance Survey, Esri Japan; ME.TI Esn China (Hong.Kong). swisstopo, l,:>i,and the GIS User Communityxr�.,«., Proposal: Modify previously approved SEPA#020-09 to accommodate grading on two parcels. Grading for this project changed from 35,000 cubic yards to 150,000 cubic yards of dirt. Map Disclaimer information shown on this map is for planning and illustration purposes oniy The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken or action not taken by the user in reliance, upon any maps or information provided herein. • • DEPARTMENT OF COMMUN1TYAND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yalcuna, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 www.buildingyalcinta.com • wivw.ci..yakirn.a.wn.url.service.slpianningl NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) June 12, 2009 On May 18. 2009 the City of Yakima,. Washington issued, a Notice of Application and Environmental Review regarding an application submitted by Toscanna LLC. This application is for the environmental review of a 66 -lot Preliminary Long Plat in the R-2 zoning district. The proposal is a Planned Development'consisting of common -wall dwelling units and gated, private streets. Parcel number: 181315-31011 City File Number: SEPA #020-09 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 days from the date of mailing. Appeals must be m writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. A fee of $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Joseph Calhoun, Assistant Planner at (509)575-6162, or email Jcalhoun@ci.yakima.wa.us. Joan Davenport Planning Manager Notice of Decision Mailing Date: June 12, 2009 Enclosures: SEPA Mitigated Determination of Nonsignificance, Site Plan, and Mailing Map • • • WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON June 12, 2009 PROJECT DESCRIPTION: The City of Yakima Department of Community and Economic Development received an environmental review application for the Preliminary Long Plat of Toscanna. The proposal is for 66 common -wall lots in the R-2 zoning district. The subdivision is proposed to be a Planned Development and contain private streets. PROPONENT/OWNER: LOCATION: PARCEL NUMBER: LEAD AGENCY: FILE NUMBER: Toscanna LLC Vicinity of Castlevale Road and Seattle Slew Run 181315-31011 City of Yakima, Washington SEPA #020-09 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 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 Environmental Policy Act. FINDINGS: A. Earth and Land Alteration: The SEPA Checklist indicates that approximately 35,000 cubic yards of earth may be moved for filling and grading. According to YMC § 15.12.020(A), no use or development, as those terms are defined by this title, may be established, placed, performed, construction, made or implemented, in whole or in part, without the issuance of a development permit by the building official. No development permit may be issued without the prior issuance of a Certificate of Zoning Review by the planning department for the proposed development, indicating that the proposal has been through the review procedures of this ordinance and conforms to its requirements (YMC § 15.12.020(B)). B. Air QuaIity/Dust Control: Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement Tnscanna LLC SEPA #020-09 • • • contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. C. Water Quality: 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 RCW § 90.03.380 and RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. D. Water Resources: An NPDES Construction Stonnwater 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 SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes stone drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. E. Storm Water Management: The applicant states that stonnwater will be routed to water quality detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run-off, or excessive waste water." Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm (the 6 month, 24 hour storm), and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a Licensed professional engineer and then be reviewed by the City of Yakima Surface Water,Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. F. Transportation: This application has been reviewed and approved (May 20, 2009) for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 34 PM Peak Hour Trips. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review (Safety issues are discussed below). The review does not address intersection level of service. Toscanna LLC SEPA #020.09 2 • • • A Traffic Impact Analysis was completed in May 2009. The analysis concluded that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. G. Public Services: Water and Sewer: There are existing 12 -inch and 8 -inch waterlines in Castlevale Road, and an existing 12 -inch waterline in Kern Way. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. Placement of hydrants shall be addressed during the plan review phase. The applicant's plans provide for sewer extension to properties adjacent to this. planned development. Sewer line sizes to be determined during formal plan review. The 12 -inch stub to the existing lift station near the canal to be extended when development occurs on the remaining property. All public utility lines on private property shall be located in a minimum 16 -foot easement. H. Public Services: Fire and Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required by Section D103.6.1 of D103.6.2. Toscarma LLC SEP.4 #020-09 3 • • • The City Engineer and staff require Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20' of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. 1. 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 § 6.04.180). An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development" J. Frontage Improvements / Development Standards: Five-foot sidewalks shall be required along all the Castlevale Frontage. The interior streets are planned to be private streets with sidewalks on one side of the street. If this development, in the future, intends these streets to become public City streets, the developer will be required to reconstruct the streets to meet standards in place at the time. K. Light and Glare: "Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent properties." (YMC § 15.06.100) The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto adjacent residential properties. Exterior lighting shall be minimized where possible, and shielded from adjacent properties and the public right-of-way. L. Aesthetics: The purpose of YMC Chapter 15.05, Site Design and Improvement Standards is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote public health, safety and welfare. The proposed project shall conform to all applicable standards including, but not limited to: building setbacks, lot coverage, fence height, access, and building height. YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan 2025 designates the future land use for this area as medium -density residential. The medium -density residential future land use designation is characterized by a mixture of single family detached residences and duplexes, with a variety of other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed development is compatible with the following goals and policies of the Comprehensive Plan. Goal 3.2: Policy 3.2.1: Goal 3.3: Policy 33.2: Toscanna LLC SEPA iSt120-09 Build sustainable new neighborhoods. For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Preserve existing neighborhoods. Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. 4 • • • Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. MITIGATION REQUIREMENTS 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authonty (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stonnwater General Pennit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 6. The applicant will be required to retain the water quality stomi on-site. Any excess stormwater can go into the City stone line. Complete stonnwater design plans, specifications and runoff/storage calculations supporting the stonnwater design 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. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UTC Well registration form and registration nurnber(s) shall be delivered to the City of Yakima's. Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer Iine size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Toscanna LLC $RPA #020-09 5 • • 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. 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. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. CONTACT PERSON: Contact Joseph Calhoun, Assistant Planner (509) 575-6162 for more information. r There is no comment period for this DNS This MDN S is issued after using the optional DNS process in WAC § 197-11-355. There is no further comment period on the MDNS. This DNS is issued under WAC § 197-11-340(2); the lead agency willnot act on this proposal in- 20 or20 days from the date below. Responsible Ofcial: William R. Cook Position/Title: CED Director/SEPA Responsible Official Phone: (509) 575-6113 Address: 129 N 2nd Street, Yakima, WA 98901 - Date June 12, 2009 Signatu You may appeal this determu Yakima, WA 98901. on to: Willia+ R. Coo , " D Director, at 129 N 2nd Street, No later than: June 26, 2009; by completing an appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. • r There is no agency appeal Toscanna LLC SEPA #020-09 6 9TATISTICR L fla • MI0 4 aM.m L.a.l mro. to. mw, coag. 4 b 10, 44/5/4 013 MAD .m ..1.. u MINIM l -L IA kV. P1:04110 Me La., ..1..R. oworPlOO 1.riV1m11a.. rIgeOlco RMR T00La/ .or«ep .r CO. RI. OL 4.Dn. V o.••4 Reil .e.p MN. ..c1 .1u 040, rwnn LO. M. If Re 1.00.0 O.p.N.011.14 1.401Ot ROOPOSID Hwy. a.. 1.P PROPOSED LI.0it) 0O..eS Y 4.. ORO. .....KA no. .ND colla. 0.401. 11T ..MA .LOOM CPR. 13, a..ewa..ue. 00.11 1.0.0.1) ODtlar. 000.0•10.3.. T•T 04.1.1. 4..1... (lN .014,1 000116 mid en (TR •000 M▪ O Ma. ol• Mt POW wiao col.pli .141/ VIM mo Wee.. Or On ilaIelmull 009.101 AMR! 1:1, 10.1.010140.7 1.11 .1.411 MO ea laMP Wo1.1 Marx owns e• na 4••••1p,401 is/M4Msie Mit 1440: e.'O. Vonc•i..ats `m""O,%WWICrWO wet. .40 roornimogulmasma•Ams, m:awe. worm: ..,...41.1.1..• 44•10•42,1[1•Illtali.121•01X0 01. ..... RRIRILLIR swan Al AR.. .21016f.e.M Oa PIM GS •14100/8 fle. MD IMP 11.101.1.1.111•Ylk, Casaeol ...4. �Me.l4lup p,Y...MM te. ymo tam eY. 0441alr•e.irMtW NW.01. POU 1a.. pYetl101 14ir1M 4. p e 01.1rMY. V. • .1,.4 Y.. RV, *PM Mm.r.N, 1✓lue 1414.11 • ra.+wn -$ ..a Rm. .0 1013 MR -ft MT. OR. HO LICtARMARI vilrr01.11711 li.�i ...TR RECEIVED MAY 1 4 2009 CRY OF YAKIMA PLANNING DIV. A 1JACENT R3 11p:10I16 1.11.1.11. 1 M • OP . ,4001 IDIAZAER oIN8_ 100 6ALLQaAT DMve T' Ming 0.1 sego! x300111 -e013 Pa.% ENSIXERMG-114A 1 11.5., , Inv atilt I.:IfAIN mem •. rAacav, WA mesa esey ss -arae Ariiurrecr'rrnil user! ..+ • 1 0 1 Inn".tee enurt Ant ',Wes MP.p. 4.M,.QM• paaadt a ,10 00.041X mew. OlOGORRIR ad F o. g cg 0 Proposed Phasing Plan ecAlm r 4 10P • WV TOY Nle WIWJO 1101 [41341 ,• .• . \ 1..•.�C ve opined r • an - • aies:1 Sella i. es ,• - • -// e 4s err lid Casey Group Architects Architecture And Planning P1 odiSise eta froorrF ont.4 mgr. M. ilailetairf 01.1. 11.6,0 air VCR, ph. 4011110. Anot. 1.461 Tt 8 a 1 • asey roup re 11 ec Architecture And Planning • • P2 CITY OF YAKIMA, WASHINGTON FILE NO: PD001-09 PLP001-09 SEPA020-09 APPLICANT: Envizage Development REQUEST: Construct 66 common wall units. Planned Development. LOCATION: Vic Fechter RD/N 40th Ave PARCEL NUMBER(S):18131531011 am Property Notices Subject Site e� YQ 41 Scute—lin=400ft .4/ea9 0 200 400 e toscanna 05/12119 • • 13 • • • • Development Agreement - 19 Exhibit I: Ch. 15.28 YMC • Chapter 15.28 • • Sections' MASTER PLANNED DEVELOPMENT OVERLAY* 15.28.010 Purpose. 15.28.020 Types of master planned development overlays—Permitted uses. 15.28.025 Minimum project size. 15.28.030 Application—Master planned development overlay 15.28.035 Phased development. 15.28'.038 Planned action—Environmental review 15.28.040 Review process. 15.28.050 Master planned development overlay—Development agreement. 15.28.060 Implementing permits and approvals. 15.28.070 Vesting 15.28.080 Modification of an approved master planned development overlay * Prior legislation Ord 98-63. 15.28.010 Purpose. A. Purpose A master planned development overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources, and amenities. A master planned development overlay is intended to create regulatory incentives and standards that: 1 Allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses, 2 Facilitate the efficient use of land and provide for a comprehensive review of integrated development projects, 3 Increase economic feasibility by fostering efficient arrangement of land uses, buildings, transportation systems, open space and utilities; 4 Preserve or enhance natural amenities, features, shorelines and critical areas in the development of a particular site, • • • 5 Identify significant environmental impacts and ensure appropriate mitigation; 6 Provide certainty regarding the character, timing and conditions for planned residential, commercial, industrial and mixed-use development within an identified geographic area and vest such projects through a public review process, 7. Encourage environmentally sustainable development; 8 Provide needed services and facilities in an orderly, fiscally responsible manner; 9 Promote economicadevelopment, job creation and diversification and affordable housing in the city/county; 10. Create vibrant mixed-use neighborhoods, with a balance of housing, employment, commercial and recreational opportunities; and 11 Promote consistency with the goals, policies and objectives of the Yakima urban area comprehensive plan. B. A master planned development may take the form of a residential, commercial, industrial, or mixed-use development. Each is intended to accommodate and facilitate larger scale development designed to accomplish integrated and flexible site planning. Residential, commercial and industrial master planned developments shall be allowed in zoning districts consistent with the primary use of the respective master planned development (e.g., residential PD in residential zones). A master planned development—mixed-use shati be permitted in any zoning district subject to specific findings that the site and master concept pan are compatible with existing adjacent land uses. C Applicants for master planned development will be encouraged to utilize unique and innovative facilities that encourage the efficient and economical use of the land; promote a sound system for traffic and pedestrian circulation, promote open space and use of natural and/or developed amenities, and provide an architecturally attractive, durable, and energy-efficient development. (Ord. 2008-46 § 1 (part), 2008) 15.28.020 Types of master planned development overlays—Permitted uses. A. Types of Master Planned Developments. The following four types of master planned development overlays are authorized within the Yakima urban area. • • • 1 Master Planned Development—Residential A residential master planned development is designed to provide a type or mixture of residential dwellings (single-family, two-family, or multiple -family) with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities or other areas or facilities. A residential master planned development is authorized in any residential zone (suburban residential (SR), single-family residential (R-1), two-family residential (R-2), and multifamily residential (R-3)), and professional business (B-1) and local business (B-2) zones. The residential master planned development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units. 2 Master Planned Development—Commercial A commercial master planned development is designed for the integrated site planning of commercial, retail, office, or mixed commercial use (commercial, office and retail) developments. The commercial master planned development shall be for the primary purpose of providing commercial services and facilities, and may include any incidental and/or supportive land uses. A commercial master planned development is authorized in any commercial or business district (i e , B-1, B-2, SCC, LCC, AS, GC, CBD, and RD) and light industrial (M-1) as identified in Table 4-1 (YMC Chapter 15.04) 3 Master Planned Development—Industrial. An industrial master planned development is designed to allow for the innovative site planning of industrial land uses and facilities, industrial parks and business parks. The industrial master planned development shall be allowed in light industrial (M-1) and heavy industrial (M-2) zoning districts as designated in Table 4-1 (YMC Chapter 15.04) 4 Master Planned Development—Mixed-Use. The intent of the mixed-use master planned development is to encourage the innovative mixture of residential, office, commercial, retail, and certain light manufacturing uses Uses may be combined in single structures or buildings or may be designed in conjunction with other uses. A mixed-use master planned development is intended to accommodate larger scale residential, commercial, retail, office, and/or recreational uses. It is recognized that mixed-use development will include innovative planning techniques, a mixture and variety of land uses, integrated planning of site improvements and structures, and site planning that increases the economic feasibility and efficient use of land. A mixed-use master planned development is authorized in any zoning district except airport support (AS) and heavy industrial (M-2) • • • B Master Planned Developments—Permitted Uses The following uses are permitted in master planned developments upon approval of a master development plan: 1. Residential Master Planned Developments a. One -family, two-family, and multifamily residences, b Recreational and amusement facilities which are intended to serve the master planned development and general public including, but not limited to: golf courses, clubhouses, driving ranges, tennis courts, swimming pools, parks, community centers, and playgrounds; c. Schools, libraries, museums, and art galleries; d. Public services and facilities including police and fire stations, e. Manufactured home parks and subdivisions; provided, that the provisions of YMC 15.04.150 shall be met as a condition of approval of the master planned development; and f. Any other uses authorized in the underlying zone are pursuant to Type (1), (2), or (3) review and are set forth in Table 4-1 (YMC Chapter 15.04). 2 Commercial and Industrial Master Planned Developments. a. Uses are permitted in accordance with those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04) b Such other uses as are consistent with the Yakima urban area comprehensive plan and future land use map or are of a similar type and intensity as those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04) 3 Mixed -Use Master Planned Development. Any residential, retail, commercial, office, public, light industrial, and/or recreational use may be permitted in a mixed-use master planned development provided such uses are designed in harmony with the overall site plan and do not adversely impact adjoining properties and development. It is recognized that uses may include a combination of residential, commercial, retail, service, and recreational uses developed in an • • • innovative manner It is the intent of this district to provide flexibility in design, concept, and usage in order to respond to and meet the needs of the community and marketplace. C Additional Uses Allowed. Unless otherwise restricted by subsection B of this section, the hearing examiner is authorized to recommend additional uses within a master planned development provided such uses are an integrated component of the development and not detrimental to surrounding land uses. Authorization of additional uses shall take into consideration the following factors. 1. Any nonresidential uses proposed in a master planned development—residential shall be primarily designed and intended for the use of the residents within the proposed development and planned as an integral part of such master planned development; 2. Nonresidential uses within a master planned development—residential are limited to those uses allowed as Class (1) or Class (2) uses in professional business (B-1), local business (B-2), and small convenience center (SCC), as listed in YMC Chapter 15.04, Table 4-1. Such nonresidential uses will be limited to no more than ten percent of the land contained in the master planned development, excepting recreational facilities or as otherwise provided in this chapter. No commercial or other intensive nonresidential use is permitted to be closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying zoning; and 3 Residential uses within a master planned development—commercial or industrial shall be limited to those that are secondary to the primary commercial and industrial use and designed in a manner that is consistent with integrated site panning. (Ord. 2008-46 § 1 (part), 2008). 15.28.025 Minimum project size. The minimum project size for a master planned development shall be two acres All properties included in the master development plan shall be contiguous with logical outer boundaries (Ord. 2011-52 § 9, 2011 Ord. 2008-46 § 1 (part), 2008) 15.28.030 Application—Master planned development overlay. A. Application for Master Planned Development Overlay The master planned development overlay zone shall be established only in conjunction with a master development plan, which sets forth the parameters for development of the property including a site plan and development agreement. An application for a master planned development may be submitted as a concept plan or consolidated with site-specific proposals (e.g., • • • preliminary plat, use applications, etc.). The proposed master plan shall be for property under single ownership, or if in multiple ownerships, the master plan application shall be signed by each owner of property within the master plan and all owners shall agree to be bound by conditions of approval, including use, design and layout and development standards established through the hearing process. All properties included in the master concept plan shall be contiguous with logical outer boundaries located within the urban growth area (UGA) A proposed master concept plan may include properties both within and outside the jurisdictional boundaries of the city of Yakima; provided, that all areas are located within the UGA. Applications for master planned development overlays which transcend jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing: 1. Annexation of the remainder of the property lying outside of city limits into the city of Yakima, or 2. Submit a petition for annexation to the Yakima city council for the above-mentioned property, and attain and submit an early transfer of jurisdiction letter to the city of Yakima releasing the proposed land use application to be processed by the city of Yakima. B Development Plan—Submission Requirements. An application for master planned development shall include the following information. 1. Planning History. A summary of all previous known land use decisions affecting the applicant's property and a list of all outstanding conditions of approval with respect to such prior land use decisions. 2. Existing Property Information. An application for a master planned development shall contain'the following information on and adjacent to the site, presented in narrative, tabular, and/or graphic formats. a. Vicinity map that identifies surrounding uses within five hundred feet of the site boundary b Legal description for the proposed master planned development together with a title report disclosing all lien holders and owners of record c. Zoning map that identifies base and overlay zoning designations for the site and surrounding property uses within five hundred feet of the site boundary • • • d Site description including the following information provided in narrative, tabular, and/or graphic formats: e. Topography and natural resources including one -hundred -year floodplain; wetlands, rivers, streams, or other critical areas, and natural hazards such as steep slopes greater than fifteen percent, and unstable, impermeable, or weak soils. f Inventory of cultural, historic, and/or archaeological resources on the site, if any g. Existing buildings, if any, including use, location, size, and date of construction. h. Existing on-site transportation systems including streets, sidewalks, and bike paths, if any i. Location and size of existing public and private utilities on the site including water, sanitary sewer, stormwater retention/treatment facilities, and electrical, telephone, and data transmission lines. j. Location of public and private easements k. A description of the type, design, and characteristics of the surrounding properties for purposes of assessing the proposed master planned development effects. 3 Technical Studies Technical studies may be required by the administrative official when potential adverse impacts are identified outside of the SEPA regulatory review process and may include the following - a. A traffic impact analysis sufficient to assess access to the site and within the site, on - street parking impacts and limitations and necessary traffic -related improvements, b. Drainage study; c. Geotechnical analysis, d Noise analysis; e Visual composite, and f Other analysis of potentially significant issues as identified during the SEPA environmental checklist review • • • 4. Site Plan. The application shall include a concept site plan which includes the following elements. a. Project boundaries; b Primary uses and ancillary uses, c. Existing and proposed structures; d. Gross floor area of development; e. Maximum building heights; f Minimum building setbacks, g. Maximum lot coverage, h Any other development standards proposed to be modified from the underlying zoning district requirements, i. The proposed circulation system of arterial and collector streets including, if known, the approximate general location of local streets, private streets, off-street parking, service and loading areas, and major points of access to public rights-of-way, with notations of proposed public or private ownership as appropriate, I The proposed location of new and/or expanded public and private utility infrastructure, k. Sitescreening, landscaping and street trees, I A master planned development incorporating commercial or industrial facilities must provide a buffer or site design along the perimeter of the master planned development, which shall reasonably transition the master planned development to any adjacent properties zoned or used for residential purposes. If automobile parking, driveways, or machinery operation are to be provided within one hundred feet of a master planned development boundary, sitescreening shall be provided in accordance with YMC 15.07.020, • • • m. Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts, n. Site features as appropriate to mitigate traffic, environmental, geotechnical, and other impacts as identified in technical studies required by this chapter; and o Shoreline and critical areas where applicable. 5. Development Agreement. The application should also include a draft development agreement including the following elements. a. Narrative description of project and objectives, b Summary of development standards, c. Site plan elements, d Development phasing, including times of performance to preserve vesting (YMC 15.28.070), e. Public meeting summaries, f Performance standards and conditions addressing subsections (B)(5)(a) through (e) of this section, g. Criteria for determining major versus minor modifications and amendments; and h. Signatures by each owner of property within the master development plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained with an approved plan and development agreement. (Ord. 2008-46 § 1 (part), 2008) 15.28.035 Phased development. The master planned development overlay application may include two or more phases of development; provided, that: A. The development plan identifies phases of the project in sufficient detail to evaluate timing and coordination of phased development; • • • B The proposed timing or sequencing of development, recognizing that phasing may require flexibility that is responsive to market demands, C. Each phase will be subject to development standards identified, adopted, and vested in the review process, and D. Each phase of a proposed master plan shall contain adequate infrastructure, landscaping and all other conditions in order to allow the phase to stand alone if no other subsequent phases are developed. (Ord. 2008- 46 § 1 (part), 2008) 15.28.038 Planned action—Environnnental'review. An application for master planned development overlay shall include a completed environmental checklist. If requested by applicant and deemed appropriate by the city/county, a master planned development overlay proposal may be designated by the city/county as a planned action pursuant to RCW 43.21 C.031(2) and WAC 197-11-164 et seq. (Ord 2008-46 § 1 (part), 2008). 15.28.040 Review process. A. Application The master planned development overlay application shall be reviewed using the rezone procedures described in YMC 15.23.030 The criteria of YMC 15.23.030(E)(1) through (7) shall not be used. Upon filing of a complete master plan application and completion of the required environmental review process, the planning department shall forward the application, together with its recommendation, to the hearing examiner to conduct a public hearing and review in conformity with YMC 15.23.030 B. Preappiication Conference A master planned development site plan shall be subject to a preapplication conference prior to formal submittal The preliminary site plan shall be submitted to the administrative official, which shall include the material outlined for a master concept plan as set forth in YMC 15.28.030(B). The administrative official shall coordinate with the appropriate departments and provide recommendations to the applicant regarding site planning, use and concept design; street, and utility layout, design, and location, development standards, and other matters pertinent to the application and review criteria C Public Hearing and Recommendation A master planned development application shall be reviewed in an open record public hearing before the hearing examiner Hearings shall be as prescribed in YMC 16.03.030 and 16.03.040 The hearing examiner shall apply the master planned development review criteria set forth herein and issue a written recommendation to the legislative body to approve, approve with conditions, or deny the proposed master planned development. The hearing examiner may add recommended conditions as • • • necessary to protect the general public interest, health, safety, comfort, and welfare from potential impacts, nuisances, hazards, or offensive conditions. The recommendation shall specifically include findings, conclusions, and conditions based on evidence and testimony in the open record public hearing. D Master Planned Development—Review Criteria. The hearing examiner shall evaluate a master planned development application and other evidence submitted into the record; and shall issue such recommendation based upon the following considerations and criteria. 1 The master planned development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. 2. The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The hearing examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning; to implement project design and concepts, to respond to market conditions; or to otherwise achieve the public benefits contemplated by the concept plan. 3 Consideration shall be given to "low impact development" concepts. 4 There will be adequate infrastructure capacity available by the time each phase of development is completed. 5 The master planned development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the master planned development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features or techniques. 6. All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical 7 The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project. • • • 8. The proposed development is not adverse to the public health, safety, or welfare. 9. The public benefits of approving the master planned development outweigh the effect of modification of standards to the underlying zoning district. 10 The proposed development is designed to be consistent with the provisions of the shoreline master program and critical areas ordinance of the appropriate jurisdiction E. Legislative Body Following receipt of the hearing examiner's recommendation, the legislative body shall schedule a closed record hearing for consideration of the hearing examiner's recommendation on the master planned developmant overlay application. Upon conclusion of the hearing, the legislative body may 1 Accept the hearing examiner's recommendation, 2 Remand the master planned development application to the hearing examiner to provide supplementary findings and conclusions on specific issues, 3 Modify the hearing examiner's recommendation based upon testimony and evidence provided at the open record public hearing In the event of a modification of the hearing examiner's recommendation, the legislative body shall enter its own modified findings of fact and conclusions of law as are necessary and consistent with their final determination, or 4 Deny the application, with or without prejudice F Appeals. The legislative body's decision shall be the final decision on the project permit application, subject to appeal pursuant to the Land Use Petition Act (LUPA)—RCW Chapter 36.70C (Ord. 2008-46 § 1 (part), 2008) - 15.28.050 Master planned development overlay—Development agreement. An approved master planned development overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW 36.70B.170 The development agreement shall provide for vesting of such development conditions and standards as are deemed reasonable and necessary to accomplish the goals of the master planned development. This agreement shall be binding on all property owners within the master planned development and their successors and shall require that development of the subject property be consistent with and implement the provisions of the approved master planned development. The approved development agreement shall be signed by the city manager or chairman • • • of the board of the Yakima County commissioners and all property owners and lienholders within the boundaries of the master planned development overlay and recorded prior to approval and/or issue of any implementing plats or permits (Ord. 2008-46 § 1 (part), 2008) 15.28.060 Implementing permits and approvals. A. Implementing Applications Any development applications submitted for property within an approved master planned development overlay shall be reviewed for consistency with and implement the master planned development plan Such implementing applications with appropriate fees shall include but not be limited to applications for preliminary plat approval, binding site plans, certificates of zoning review, building permits, and other similar applications. Any subsequent application shall be reviewed and approved in accordance with the conditions and standards adopted in the master planned development overlay B Planned Action—Environmental Review An applicant may submit a master planned development concept plan as a planned action pursuant to WAC 197-11-164 Any project review pursuant to the authorized planned action shall include the following: 1 Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the master planned development approval and ordinance or resolution, and 2 Verification that the probable significant adverse environmental impacts of the project have been addressed in environmental review in the context of the master plan review processes to the event the implementing project meets the above requirements, the administrative official may deem the project to qualify as the planned action designated in the master plan approval and a project threshold determination or EIS shall not be required (WAC 197-11-172(2).) The city/county is authorized to place conditions on the project in order to address significant impacts that were not fully addressed through the planned action process. Public notice for projects that qualify as planned actions shall be tied to the underlying permit. (Ord 2008-46 § 1 (part), 2008) 15.28.070 Vesting. A. The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement described in YMC 15.28.050 is recorded, inclusive of specific conditions and standards set forth in said development agreement. The vesting period shall be for the time stated in the development agreement associated with each specific master planned • • • development and shall be agreed upon by the parties to the development agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the development agreement. B. Vesting of rights may also include reservation of traffic capacity on public streets and roadways or capacity in public facilities such as sewer and water, if such reservations are specifically agreed upon in the development agreement required by YMC 15.28.050 Such reservations shall be applicable for the time set forth in the development agreement. (Ord. 2008-46 § 1 (part), 2008) 15.28.080 Modification of an approved master planned development overlay. Implementation of the master development plan shall be reviewed through the Type (1) review process. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (2) review Major modifications will undergo Type (3) review. The following criteria are established to assist this determination. A. Type (1) Review Projects or Actions. Type (1) review process shall be applied to future Class (1) projects or actions in compliance with an approved master development plan and development agreement; and B Type (2) Review Projects or Actions. Type (2) review process shall be applied for minor modifications to an approved master development plan or development agreement. A change or amendment to the approved chaster plan shalt be deemed a "minor modification" if, in the reviewing official's discretion, the following criteria are satisfied. 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan, 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3 The amendment does not materially change the type and character of approved uses, 4 The amendment does not materially change parking or traffic circulation within the development; • • • 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures, 6. The amendment does not materially impact the overall design of the approved master plan, and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare C Type (3) Review Projects or Actions. A major modification to the master development plan shall be subject to a Type (3) review and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. Type (2) and (3) review shall be conducted consistent with the provisions of YMC Chapters 15.14 and 15.15, respectively For any changes falling outside the scope of such review, the procedures set forth in this chapter for original master development plan and development plan approval shall be followed. (Ord. 2008-46 § 1 (part), 2008). • • 14 • • • Development Agreement - 20 Exhibit J: Phasing Plan MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF CATALYSS IN THE SW 1/4 OF SEC. 15, T-13 N, R-18 E,W.M. mom TT 4. 4Tr • LEGAL DESCR0TI004 PARCE1 A Tom rMATV M.. Or M MO RC Or OMA DCOT'ATxx P Y GMK °AV ailrg[ml r4 Nwv. r0 wtvl vw¢ r1 UST. al4 moo IOMiITW W. vM11C4 1 .0 aM 1 Inds 4'01100 11 02 5 MA 0 v ' 01*14VAN. v•0IMECATML UA104NORTI 1101 A UC RwW ATA PMI E M GSI uC 0 T. 5430.31 EM. 0 M s3r0usT CUM. 0 0C 310067 0,1010..310 MET NAAR Cr M MEOWI 00010 IMO,, 001¢ Kam OOVC00' 0081 1.110 Rl. 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