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HomeMy WebLinkAboutR-2005-042 Marvin Gardens Preliminary Long PlatRESOLUTION NO. R-2005- 42 A RESOLUTION approving a preliminary long plat, subject to certain conditions, for a twenty (20) lot subdivision to be located on property (Parcel Nos. 181314-23438 through 181314-23449) on both sides of a western extension of Hathaway Avenue to be constructed between North 30th Avenue and North 32nd Avenue, Yakima, Washington. WHEREAS, on November 15, 2004, the Hearing Examiner held an open record public hearing to consider an application for a proposed twenty (20) lot subdivision to be located on property (Parcel Nos. 181314-23438 through 181314-23449) on both sides of a western extension of Hathaway Avenue to be constructed between North 30th Avenue and North 32nd Avenue, Yakima, Washington (Preliminary Long Plat #2-04, EC #22-04); and WHEREAS, on November 30, 2004, the Hearing Examiner issued his Examiner's Recommendation (Examiner's No. IU02-4-10), recommending approval of the proposed preliminary plat subject to several conditions; and WHEREAS, the proposed preliminary plat conforms with the preliminary plat criteria provided in YMC 14.25.100, the consistency requirements set forth in YMC 16.06.020(B), the City's Urban Area Zoning Ordinance, the Comprehensive Plan, the City's Subdivision Ordinance, and other applicable land use controls; and WHEREAS, at its public meeting on January 18, 2005, the City Council determined by motion that the Recommendation of the Hearing Examiner should be affirmed and adopted, and directed the City Legal Department to prepare appropriate legislation to approve the preliminary plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The Yakima City Council hereby affirms and adopts the Findings and Conclusions and recommended conditions of the November 30, 2004, Hearing Examiner's Recommendation, a true copy of which is attached hereto as "Exhibit A" and is incorporated herein by reference. 2. The City Council finds formally that, as a matter of fact, the application for a twenty (20) lot subdivision to be located on property (Parcel Nos. 181314-23438 through 1 181314-23449) on both sides of a western extension of Hathaway Avenue to be constructed between North 30th Avenue and North 32nd Avenue, Yakima, Washington. (Preliminary Long Plat #2-04, EC #22-04) submitted by the City of Yakima Office of Neighborhood Development Services conforms with the preliminary plat criteria provided in YMC 14.25.100, the consistency requirements set forth in YMC 16.06.020(B), the City's Urban Area Zoning Ordinance, the Comprehensive Plan, the City's Subdivision Ordinance, and other applicable land use controls. 3. All approvals and findings of compliance expressed by this resolution are specifically conditioned on the pertinent matters included among the Finding and Conclusions and recommended conditions of the November 30, 2004, Hearing Examiner's Recommendation. 4. Subject to conditions stated herein, preliminary plat approval of a twenty (20) lot subdivision to be located on property (Parcel Nos. 181314-23438 through 181314- 23449) on both sides of a western extension of Hathaway Avenue to be constructed between North 30th Avenue and North 32nd Avenue, Yakima, Washington (Preliminary Long Plat #2-04, EC #22-04), as represented by the Preliminary Plat of Marvin Gardens prepared by Thomas F. Upton, is granted. ADOPTED BY THE CITY COUNCIL this 15th day of February, 2005. ATTEST: City Clerk 2 Paul P. George, Mayo CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOlVIlVIENDATION November 30, 2004 In the Matter of a Preliminary Plat Application Submitted by: City of Yakima Office of Neighborhood Development Services For a 20 -Lot Subdivision to be Known as "Marvin Gardens" 1`V f� A 0 2004 'J PREL LONG PLAT #2-04 EC #22-04 Introduction. The Hearing Examiner conducted a public hearing on November 15, 2004 and has issued this decision within 10 business days. The staff report presented by Assistant Planner Jeff Peters recommended approval of the preliminary plat with conditions. The applicant's representatives, Mr. Thomas Upton of Thomas F. Upton Surveying and Mr. Marvin Miller, testified in favor of approval of the preliminary plat. No testimony was presented in opposition to the preliminary plat at the hearing and no written comments were received in opposition to the preliminary plat prior to the hearing. Summary of Recommendation. The Hearing Examiner recommends approval of this preliminary plat subject to conditions. Basis for Decision. Based on a view of the site with no one else present on November 15, 2004; the staff report, exhibits, testimony and other evidence presented at the open record public hearing on November 15, 2004; and a consideration of the applicable City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 1 EXHIBIT A • subdivision requirements, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS Applicant. The applicant is the City of Yakima Office of Neighborhood Development Services, 112 South 8th Street, Yakima, Washington 98901. Location. The proposed preliminary plat is located on both sides of a westerly extension of Hathaway Avenue to be constructed between North 30th Avenue and North 32nd Avenue in Yakima; parcel numbers 181314-23438 through 23449. Application. This preliminary plat prepared by Thomas F. Upton Surveying would divide a 4.76 -acre parcel into a 20 -lot subdivision to be known as "Marvin Gardens." The proposed 20 single-family lots comprising a total of 3.81 acres are located in a Two - Family Residential (R-2) zoning district and range in size from 6,124 square feet to 8,935 square feet. A pocket park is proposed which would be .19 acres or about 8,300 square feet in size. An extension of Hathaway Avenue with a cul-de-sac at its westerly terminus east of North 32nd Avenue would serve as access for all the lots in the plat. Notices. Notices were provided in accordance with applicable ordinances as. follows: Mailing of SEPA/hearing notice to applicant/owners within 500 feet: Posting of notice on property: Mailing of SEPA determination to applicant/owners within 500 feet: Publishing of notice of SEPA determination in newspaper Mailing of notice of rescheduled hearing to applicant/owners Publishing of notice of rescheduled hearing City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 2 September 3, 2004 September 22, 2004 September 30, 2004 September 30, 2004 October 26, 2004 October 27, 2004 Environmental Review. The City of Yakima Planning Division is the lead agency for this proposal under the State Environmental Policy Act (SEPA). After reviewing the environmental checklist submitted for this proposed preliminary plat, the SEPA Responsible Official determined that the proposal will not have a probable significant adverse impact on the environment and issued a Determination of Non -Significance on September 30, 2004. No SEPA appeal was filed within the 15 -day time limit allowed for a SEPA appeal under the City's SEPA ordinance. Zoning and Land Use of Site and Adjacent Properties. The site is zoned Two - Family Residential (R-2). Adjacent properties have the following characteristics: Direction Zoning Land Use North R-2/CBDS Single-family homes/Industrial use South R-3 Mobile home court West R-2 Mobile home court East R-2 CBDS/R-2 Single-family homes Subdivision Application Requirements. Subsections 14.20.030(B)(1), (B)(2), (B)(3), (B)(4) and (B)(5) of the Yakima Municipal Code (YMC) serve to implement the provisions of Section 58.17.033 of the Revised Code of Washington (RCW) which states that a fully completed preliminary plat application shall be defined by local ordinance. Those subsections state that a subdivision application must include a completed application, a current preliminary land title commitment, 20 copies of the proposed preliminary plat, the application fee and a completed SEPA checklist with the SEPA fee. Since the two title insurance commitments submitted into the record do not show the property in the proposed plat to be in the ownership of the applicant, those commitments need to be updated prior to the City Council's consideration of this application to confirm that the property is owned by the parties seeking to develop the property. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 3 Preliminary Plat Content Requirements. Subsections 14.20.050(A) through (7) of the YMC list the details that must be included on the mylar of the preliminary plat submitted to the City Council for its approval. Insofar as Subsection 14.20.050(F) requires that all utility easements must be shown on the face of the preliminary plat, the location of irrigation water easements and the location of any 8 -foot -wide utility easements for existing and future sewer stubs that will be outside the 10 -foot -wide utility easement shown along the front of lots must be shown on the preliminary plat that is submitted to the City Council for its consideration. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance: Subsection 15.03.030(3) of the Urban Area Zoning Ordinance indicates that the purpose of the Two -Family Residential (R-2) zoning district is to establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses compatible with the intent of this district and also to locate residential development ranging generally from seven to twelve dwelling units per net residential acre in areas served by public water, sewer, police and fire services. The SEPA{Checklist indicates that the proposed preliminary plat is designed to provide affordable and attractive single-family living units which will complement adjacent parcels and uses. The proposed density is 5.25 dwelling units per net residential acre. The plat will be served by public water, sewer, police and fire services. Table 4-1 of Chapter 15.04 of the UAZO provides that single-family dwellings are Class (1) permitted uses in the R-2 zoning district. The size and configuration of the proposed lots are consistent with Table 5-2 of Chapter 15.05 of the UAZO which provides that the City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30t to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 4 minimum lot size is 6,000 square feet per dwelling unit in the Two -Family Residential (R-2) zoning district and that the minimum lot width is 50 feet at the rear line of the required front yard. 2) Subsection 14.20.100(2) -- Consistency with the provisions of the Comprehensive Plan: The City's Future Land Use Map and 1998 Comprehensive Plan designate the subject property as suitable for Medium Density Residential development. This proposed plat is consistent with the Medium Density Residential designation which 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 seven and eleven dwelling units per acre. This proposed plat is also consistent with the goals and objectives of the City's Comprehensive Plan such as Goal H3 which is to preserve and improve existing residential neighborhoods; Objective G9 which is to encourage quality design while achieving economic growth patterns; Objective L2 which is to establish a pattern of development that supports a sense of community; and Objective H3.1 which is to stabilize existing, viable neighborhoods. 3) Subsection 14.20.100(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance": This proposed plat will need to be consistent in all respects with the provisions of the City's Subdivision Ordinance. This review and the conditions of this recommendation are intended to ensure consistency with the provisions of the City's Subdivision Ordinance as well as other applicable City ordinances. 4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health, safety and general welfare: The construction of 20 new lower -to -middle -income -level housing units which will be attractive and will complement adjacent uses will promote the public health, safety and general welfare. There is a need in this community for the type of use proposed for this plat and the applicant appears to be very capable of City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30t to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 5 completing a quality development within the proposed plat that will be designed to improve the quality of life for its future residents. 5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: The proposed lots are substantially larger than the minimi n, sizes that could be approved for various types of dwelling units in the R-2 zoning district. The proposed single-family residences will have the use of a pocket park within the plat and will be separated by a dead-end street with sidewalks on both sides totaling 50 feet in width. The design of the plat makes adequate provision for open spaces in that it will provide substantially more light and air for its future residents than minimum standards would require. 6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways: The preliminary plat shows on its face that all surface water will be retained on site. The City's Engineering Division indicated at the Development Services Team (DST) meeting held on September 1, 2004 that the improvements shown on the preliminary plat are adequate except for the need to extend the sidewalk to North 30th Avenue. 7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways: The extension of Hathaway Avenue westerly from North 30th Avenue will be constructed to City standards and will be a dead-end street with a cul- de -sae east of North 17nd Avenue. There will he nnncrete sirlewallre five feet wide cul- de -sae --- ---- -- ----- �— ��.—�--�• will yr rvaarr rvv Va�rV .. feet 111Y1V completely around the extended street on both sides that will extend to the intersection of North 30th Avenue. The City's Traffic Engineering Division indicated as a part of the DST process that the Traffic Capacity Analysis was completed on September 14, 2004; that this development will not exceed the PM peak hour capacity of the City's arterial street system; and that reserve capacity exists on all streets impacted by this development. Therefore, the proposed subdivision makes adequate provisions for streets within the subdivision ivu iu vv development and will not trigger a need for improvement of the streets outside the development that will be used for access by residents of the plat. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30`11 to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 6 8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops: The proposed plat is only one block from Fruitvale Boulevard and from North 29th Avenue and about four blocks from Castlevale Road. The evidence did not establish a need for any special provisions for a transit stop at this proposed plat that would add only 20 residences in this area. 9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water supplies, irrigation and other water suppliers: The City's Water/Irrigation Division indicated as a part of the DST process that a 12 -inch water main extension is needed in Fruitvale Boulevard west to North 30th Avenue, that an 8 -inch water main extension is needed from Fruitvale Boulevard south to Hathaway Avenue, and that a 6 -inch water main extension is needed in Hathaway Avenue. The Water/Irrigation Division further indicated that it will reimburse the applicant for the cost of oversizing between the required 8 -inch size pipe and the proposed 12 -inch line in Fruitvale Boulevard west to 30th Avenue. Due to the water main extensions that will be provided primarily at the applicant's expense, there will be adequate provisions for potable water to the plat. The applicant indicated that irrigation water will be provided if it is practicable, which is unknown at this time. The Building Codes Division noted that the various aspects of the development will require plan review, permits and inspection. 10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste disposal: There is a 15 -inch sewer line and manhole near the southwest corner of the development for connection that will be adequate provision for sanitary waste disposal. 11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and recreation: The proposed plat contains a park which is about 8,300 square feet in size and which will provide park and recreation opportunities for the future residents of the plat. In addition, there are City parks in the general vicinity, including Chesterley Park City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30t to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 7 located west of North 34th Avenue. There are adequate provisions for parks and recreational opportunities in the plat and in the general area for a plat of this size. 12) C„1,�,,..+;,,,, 9 A "In 7 nntAl/:l 1Ju sea.Lion 14.20.iw(4)`i) — Appropriate provisions Ior playgrounds: Besides the playgrounds at the schools that will he utilized by the future residents of the area, the pocket park in the proposed plat itself may serve as a playground, as well as other parks in the general area such as Chesterley Park. 13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and sebool Castlevale Sc ‘..o1 .,�....,s,s_ grounds. vu., zxasru,�v _: s+f. a.e:s:.. ^i��� n.�:y,;s?L iil 11- L.,.;� � iL•ULU LUC proposed preliminary plat. There was no testimony at the hearing regarding a need for additional schools in the area to serve the 20 additional single-family residences that would result from this plat. 14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks: The City's Engineering Division indicated as a part of the DST process that the sidewalk for the plat needs to be extended completely to North 30th Avenue so that it extends completely around the entire westerly extension of Hathaway Avenue. With that condition, the proposed plat appropriate t` i i� the proposed plat will make appropriate provisions for sidewalks. 15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning features that assure safe walling conditions for students who walk to and from school: The evidence submitted at the hearing did not suggest a need for other planning features of this nature in view of the size of this plat and the area in which it is located. Although nearby streets lack sidewalks, they do not appear to have high traffic volumes. 16) Subsection 14.20.100(5) — Public use and interest: Based on the standards discussed above, it is apparent that the public use and interest will in fact be served by the subdivision. It complies with the City's Urban Area Zoning Ordinance, Comprehensive Plan and Subdivision Ordinance. It makes appropriate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, potable water, sanitary City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens” On Hathaway Ave.:N. 30t to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 8 waste disposal, parks and recreation, playgrounds and sidewalks. The size and nature of the plat does not demand provisions for other features listed in Subsection 14.20.100(4) of the YMC and in Section 58.17.110 of the RCW. Consistency Analysis under Subsection 16.06.020(13) of the Yakima Municipal Code. The following analysis involves the application's consistency with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re-examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. a) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. b) The level of development (lot size, contemplated density) will not exceed the allowable limit in the Two -Family Residential (R-2) zoning district. c) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that will be provided primarily at the applicant's expense will insure that adequate infrastructure and public facilities are available for the proposed plat. d) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed plat which have been discussed in detail above. With appropriate conditions, the proposed preliminary plat will be consistent with the development standards of applicable City ordinances. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30`h to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 9 CONCLUSIONS 1 The Nearing Examiner has jurisdiction t Section , w 2n , 00 of ,, • +.++.. a+......a+aab u<awLLlLlv1 pursuant to 1�t.GU.1 VV the Y 1Vll., to make a recommendation to the City of Yakima City Council regarding this application for preliminary plat approval, 2. An environmental Determination of Non -Significance (DNS) was issued for this project on September 30, 2004 and was not appealed within the time period for an appeal. 3. the City'sTraffic Capacity Analysis of September 14, 2004 estimated that this proposed development would add 20 net PM peak hour trips which will not exceed the PM peak hour capacity of the City's arterial street system because reserve capacity exists on all streets impacted by this development. 4. This proposed preliminary plat, with the conditions set forth below, is consistent with the City's Urban Area Zoning Ordinance, Comprehensive Plan and Subdivision Ordinance 5. This proposed preliminary plat, with the conditions detailed below 9 makes appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks and, according to the weight of the evidence presented at the hearing, is not of such a size or in such a location as would require that specific provisions be made for the other requisite plat considerations such as transit stops, schools, schoolgrounds and other planning features that assure safe walking conditions for students who only walk to and from school. 6. The proposed preliminary plat is in compliance with the consistency requirements of Subsection 16.06.020(B) of the YMC. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 10 RECOMMENDATION The Hearing Examiner recommends to the City of Yakima City Council that the 20 -lot preliminary plat of Marvin Gardens described in the application and in the related documents which are assigned file numbers PREL LONG PLAT #2-04 and EC #22-04 be APPROVED, subject to compliance with the following conditions: 1. The sidewalk shown along the south side of the new street is required to be extended to the extreme east end of the street improvement to the intersection. 2. A 12 -inch water main extension shall be required in Fruitvale Boulevard west to 30th Avenue; an 8 -inch water main extension shall be required in 30th Avenue from Fruitvale Boulevard to Hathaway Avenue; a 6 -inch water main extension shall be required in Hathaway Avenue; or water service shall otherwise be provided to the proposed preliminary plat by means of such other plans as may be approved by the City. The applicant will be reimbursed by the City's Water/Irrigation Division for the cost of oversizing between the required 8 -inch size pipe and the proposed 12 -inch line in Fruitvale Boulevard west to 30th Avenue. 3. All easements that are provided for irrigation lines or facilities and all 8 -foot - wide public utility easements for existing and proposed sewer stubs that are outside the l0 -foot -wide utility easement along the front of the lots shall be shown on the face of the plat. 4. The applicant shall provide an updated title report to confirm that the property is owned by the parties seeking to develop the property. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 11 5. A construction dust plan shall be filed with, and approved by, the Yakima Regional Clean Air Authority prior to construction. DATED this 301 day of November, 2004. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 3211d Ave. PREL LONG PLAT #2-04; EC 22-04 12 i Jc . Cu.;. Gary M. C uihier, Hearing Examiner L. 1 m RIVER RD FSU N4 ST 1 1 1 ave Cestlevale Rd 2 RIVER A CAST1 FVA E RD CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: PREL LONG PLAT#2-04 & EC#22-04 APPLICANT: CITY OF YAKIMA, ONDS REQUEST: 20 LOT PRELIMINARY LONG PLA DIVISION & ENVIRONMENTAL LOCATION: 3000 -3100 BLOCK OF HATHAW ubject Property Filed sUB1-sear ing Examin r •A:./ akima City Limits REVIEW 1 / yE ki # &1 Date A -/g -6y (, --t -6 Sc. e—lin =400ft 200 $t41GPLT-2-04 08/18/04 1\63 2004 19 k 51315-11410 OFFSITE WATER CONNECTION no scale 101314-23411 NACNGI 1 60.5' 1 00.6'-1 06.5• 1 (00.8' 1 600'0 6' THE PRELIMINARY PLAT OF MARVIN GARDENS LOCI® 5* DA[ 60 0/1 91 141E Wm' 1/4 V Mild 14. 1011111111P 131031'60 80110E UMW, EN. rVICMARVIN GARDENS m Y INITY MAPno Boole ' NOWAY TRACTS I 1 101311-21147 101314-23411 r413/4-31121 5013/4-31121 60.6' 1o_5 LAMM Y s Wing Mimi! MM. 101314-23123 2583 1. 14 10 I.Iw 0171 Z *00140 10T1,015.2 (TTP 4 0.1140440.04160E NOSE 411101,511 ..rj2 7 Ilr err? CORNEA 1 24416,40117) 5010 16 11.0. 02 0. 22000.-11141 5E041 1Wi 11002 P0040 (MWNAIA 041E0400001 10. WNCAION £09 4800 MONO PGI 100 114162 (1TP .20' 1420 I 620' 1 020' 600' 5024 10311-32003 NOT W n6ww2Dlr 010' 2M L _) tet, 6314-33430 3191E 04 FA 001214-23120 CURRENT LAND USE LANG 101E CLASSIFICATION . SEWAGE: DISPOSAL UTILITIES BIGOT IF WAY STREETS. . . . . . . SIBS AIMS . . . . . . . • SURFACE: RUNOFF IRRIGA,1'I1NN VACANT R-2, TWO FAH IL RES MEW IAL CITY IIF TANAN1A CITY OF YAKIIN UNDERGROUND PUBLIC LEDICAT11N ASPHALT PAVING, HEIUNTABLE CURBS 5' CONTE AS SEWN DETAINED RE SITE WILL. BE PROVIDED IF PRACTICAL BUILDING SET HACKS . . . . FRONT 20' SIDE .I' REAR III' DENSITY L USES ALL LOTS TO DE SINGE FAMILY ON-SITE CONS TRl1CT11N GROSS AREA 4, 76 ACRES LESS STREET 0. 76 ACRES LEIS PARK 0,114 ACRES TOTAL NET AREA a el ACRES 5,715 DWELLING UNITS PER NET RESIDENTIAL ACRE 00031 11412C01011011 (141314-23434 15404U14N -23440) LATE 1,2,3.4,8,8 AND 7 AND TRACTS A AND IT CASEY'S ADDITION. RECORDED 60 VOLL:1E "5' OF PLATS, PAGE 14, RECORDS OF YAKIMA COUNTY. WASHINGTON. GRAPHIC SCALD (I6 rare1 1u -.s 540043/ DFVF(OPE1 CITY OF YAKIMA 0.11.0.5. 102 SOUTH 5111 SL YA10U1, WA 00401 (000) 575-8101 T010020SFF U01G14 PLS. Via :A.5 F. UPTON 31RYEYING 2118 U NEST UN40LN YAKIMA, WA 00902 (6001 074-2441 HABITAT FOR HUMANITY 2500 5 28TH AYE YAKIMII, WA 80202 (500) 453-8077 2E14111155 E 0 50501L P.E O.E7: ENGINEERING SEDUCES 430:1 CASTEl4EW YAKIMA, WA 00228 (500) 800-0701 NOTES1 DISTANCES SHOWN ARE 5011£ DIMENSIONS ONLY 2040 SMILE; BE CONSIDERED Al: APPROKWA7E LOT AREAS 410031 6041140E PORTIONS ENCUMBERED BY THE VARIOUS EA5E110415. 002411119 STREET GRADES 8 10 44 MINIMUM SENat GRADE MS IC IRRIGA004 5151111130.11011 SYSTEM 10 FOLLOW REAR LOT UNES. NOTE: E45144.4 32001100 5020.E5 FR00..1 NORTHWEST TO 00UTINEST AT GRADE LESS THAN 0K. NO 400105RS ARE SHOR0. • SEV62l 8732WIE scwok a.E.w6ur PO0P06® YORFr /lall0 -}- P110P'0 160E SWAMI' Thomas F. Upton e„rt..1/..16u4Olwryw YAA,uA W 00. VS.? Po. (Sml 2a14, ei.. .-0..1. r.. pov) uT-0m1 TJ Tr.. 1 -Om -0Y'-0141 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4Cl For Meeting Of February 15, 2005 ITEM TITLE: Adoption of Resolution approving the preliminary plat of Marvin Gardens [City of Yakima Office of Neighborhood Development Services, Developer] SUBMITTED BY: William R. Cook, Director Community and Economic Development CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner (575-6163) SUMMARY EXPLANATION: In a public meeting held before the Yakima City Council on January 18, 2005 preliminary approval was granted to the plat of Marvin Gardens. This plat will subdivide approximately 3.81 acres of R-2 zoned property into 20 parcels. Today you are being requested to formally adopt the resolution granting this project preliminary approval. Resolution X Ordinance_ Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-42 CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES Plat of Marvin Gardens CITY COUNCIL CLOSED RECORD PUBLIC HEARING January 18, 2005 Applicant: City of Yakima, ONDS File Number: PREL LONG PLAT#2-04, EC#22-04 Site Address: Vicinity of 3000 — 3100 Hathaway Avenue Staff Contact: Jeff Peters, Assistant Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST (Development Services Team) Comments CHAPTER E SEPA (State Environmental Policy Act) CHAPTER F Application CHAPTER G Notices CITY OF YAKIMA, ONDS EXHIBIT LIST CHAPTER AA HEARING EXAMINER'S RECOMMENDATION EXHIBIT # DOCUMENT DATE AA -1 Stewart Title Policy for City of Yakima, Office of Neighborhood Development Services as required by Hearing Examiner's Recommendation; condition No. 4 8/15/03 AA -2 First American Title Policy for Yakima Valley Partners, Habitat for Humanity as required by Heanng Examiner's Recommendation; condition No. 4. 6/22/04 AA -3 Hearing Examiner's Recommendation 11/30/04 CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION November 30, 2004 In the Matter of a Preliminary Plat Application Submitted by: City of Yakima Office of Neighborhood Development Services For a 20 -Lot Subdivision to be Known as "Marvin Gardens" KOnt PREL LONG PLAT #2-04 EC #22-04 Introduction. The Hearing Examiner conducted a public hearing on November 15, 2004 and has issued this decision within 10 business days. The staff report presented by Assistant Planner Jeff Peters recommended approval of the preliminary plat with conditions. The applicant's representatives, Mr. Thomas Upton of Thomas F. Upton Surveying and Mr. Marvin Miller, testified in favor of approval of the preliminary plat. No testimony was presented in opposition to the preliminary plat at the hearing and no written comments were received in opposition to the preliminary plat prior to the hearing. Summary of Recommendation. The Hearing Examiner recommends approval of this preliminary plat subject to conditions. Basis for Decision. Based on a view of the site with no one else present on November 15, 2004; the staff report, exhibits, testimony and other evidence presented at the open record public hearing on November 15, 2004; and a consideration of the applicable City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30`h to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 1 Pi A subdivision requirements, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS Applicant. The applicant is the City of Yakima Office of Neighborhood Development Services, 112 South 8th Street, Yakima, Washington 98901. Location. The proposed preliminary plat is located on both sides of a westerly extension of Hathaway Avenue to be constructed between North 30th Avenue and North 32nd Avenue in Yakima; parcel numbers 181314-23438 through 23449. Application. This preliminary plat prepared by Thomas F. Upton Surveying would divide a 4.76 -acre parcel into a 20 -lot subdivision to be known as "Marvin Gardens." The proposed 20 single-family lots comprising a total of 3.81 acres are located in a Two - Family Residential (R-2) zoning district and range in size from 6,124 square feet to 8,935 square feet. A pocket park is proposed which would be .19 acres or. about 8,300 square feet in size. An extension of Hathaway Avenue with a cul-de-sac at its westerly terminus east of North 32nd Avenue would serve as access for all the lots in the plat. Notices. Notices were provided in accordance with applicable ordinances as follows: Mailing of SEPA/hearing notice to applicant/owners within 500 feet: Posting of notice on property: Mailing of SEPA determination to applicant/owners within 500 feet: Publishing of notice of SEPA determination in newspaper Mailing of notice of rescheduled hearing to applicant/owners Publishing of notice of rescheduled hearing City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 2 September 3, 2004 September 22, 2004 September 30, 2004 September 30, 2004 October 26, 2004 October 27, 2004 Environmental Review. The City of Yakima Planning Division is the lead agency for this proposal under the State Environmental Policy Act (SEPA). After reviewing the environmental checklist submitted for this proposed preliminary plat, the SEPA Responsible Official determined that the proposal will not have a probable significant adverse impact on the environment and issued a Determination of Non -Significance on September 30, 2004. No SEPA appeal was filed within the 15 -day time limit allowed for a SEPA appeal under the City's SEPA ordinance. Zoning and Land Use of Site and Adjacent Properties. The site is zoned Two - Family Residential (R-2). Adjacent properties have the following characteristics: Direction Zoning Land Use North R-2/CBDS Single-family homes/Industrial use South R-3 Mobile home court West R-2 Mobile home court East R-2 CBDS/R-2 Single-family homes Subdivision Application Requirements. Subsections 14.20.030(B)(1), (B)(2), (B)(3), (B)(4) and (B)(5) of the Yakima Municipal Code (YMC) serve to implement the provisions of Section 58.17.033 of the Revised Code of Washington (RCW) which states that a fully completed preliminary plat application shall be defined by local ordinance. Those subsections state that a subdivision application must include a completed application, a current preliminary landtitle commitment, 20 copies of the proposed preliminary plat, the application fee and a completed SEPA checklist with the SEPA fee. Since the two title insurance commitments submitted into the record do not show the property in the proposed plat to be in the ownership of the applicant, those commitments need to be updated prior to the City Council's consideration of this application to confirm that the property is owned by the parties seeking to develop the property. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" 011 Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 3 Preliminary Plat Content Requirements. Subsections 14.20.050(A) through (J) of the YMC list the details that must be included on the mylar of the preliminary plat submitted to the City Council for its approval. Insofar as Subsection 14.20.050(F) requires that all utility easements must be shown on the face of the preliminary plat, the location of irrigation water easements and the location of any 8 -foot -wide utility easements for existing and future sewer stubs that will be outside the 10 -foot -wide utility easement shown along the front of lots must be shown on the preliminary plat that is submitted to the City Council for its consideration. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance: Subsection 15.03.030(3) of the Urban Area Zoning Ordinance indicates that the purpose of the Two -Family Residential (R-2) zoning district is to establish and preserve residential neighborhoods for detached single-family dwellings, duplexes andother uses compatible with the intent of this district and also to locate residential development ranging generally from seven to twelve dwelling units per net residential acre in areas served by public water, sewer, police and fire services. The SEPA Checklist indicates that the proposed preliminary plat is designed to provide affordable and attractive single-family living units which will complement adjacent parcels and uses. The proposed density is 5.25 dwelling units per net residential acre. The plat will be served by public water, sewer, police and fire services. Table 4-1 of Chapter 15.04 of the UAZO provides that single-family dwellings are Class (1) permitted uses in the R-2 zoning district. The size and configuration of the proposed lots are consistent with Table 5-2 of Chapter 15.05 of the UAZO which provides that the City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 4 minimum lot size is 6,000 square feet per dwelling unit in the Two -Family Residential (R-2) zoning district and that the minimum lot width is 50 feet at the rear line of the required front yard. 2) Subsection 14.20.100(2) -- Consistency with the provisions of the Comprehensive Plan: The City's Future Land Use Map and 1998 Comprehensive Plan designate the subject property as suitable for Medium Density Residential development. This proposed plat is consistent with the Medium Density Residential designation which 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 seven and eleven dwelling units per acre. This proposed plat is also consistent with the goals and objectives of the City's Comprehensive Plan such as Goal 113 which is to preserve and improve existing residential neighborhoods; Objective G9 which is to encourage quality design while achieving economic growth patterns; Objective L2 which is to establish a pattern of development that supports a sense of community; and Objective 113.1 which is to stabilize existing, viable neighborhoods. 3) Subsection 14.20.100(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance": This proposed plat will need to be consistent in all respects with the provisions of the City's Subdivision Ordinance. This review and the conditions of this recommendation are intended to ensure consistency with the provisions of the City's Subdivision Ordinance as well as other applicable City ordinances. 4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health, safety and general welfare: The construction of 20 new lower -to -middle -income -level housing units which will be attractive and will complement adjacent uses will promote the public health, safety and general welfare. There is a need in this community for the type of use proposed for this plat and the applicant appears to be very capable of City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30'1 to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 5 completing a quality development within the proposed plat that will be designed to improve the quality of life for its future residents. 5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: The proposed lots are substantially larger than the minimum sizes that could be approved for various types of dwelling units in the R-2 zoning district. The proposed single-family residences will have the use of a pocket park within the plat and will be separated by a dead-end street with sidewalks on both sides totaling 50 feet in width. The design of the plat makes adequate provision for open spaces in that it will provide substantially more light and air for its future residents than minimum standards would require. 6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways: The preliminary plat shows on its face that all surface water will be retained on site. The City's Engineering Division indicated at the Development Services Team (DST) meeting held on September 1, 2004 that the improvements shown on the preliminary plat are adequate except for the need to extend the sidewalk to North 30th Avenue. 7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways: The extension of Hathaway Avenue westerly from North 30th Avenue will be constructed to City standards and will be a dead-end street with a cul- de-sac east of North 32nd Avenue. There will be concrete sidewalks five feet wide completely around the extended street on both sides that will extend to the intersection of North 30th Avenue. The City's Traffic Engineering Division indicated as a part of the DST process that the Traffic Capacity Analysis was completed on September 14, 2004; that this development will not exceed the PM peak hour capacity of the City's arterial street system; and that reserve capacity exists on all streets impacted by this development. Therefore, the proposed subdivision makes adequate provisions for streets within the development and will not trigger a need for improvement of the streets outside the development that will be used for access by residents of the plat. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 6 8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops: The proposed plat is only one block from Fruitvale Boulevard and from North 29th Avenue and about four blocks from Castlevale Road. The evidence did not establish a need for any special provisions for a transit stop at this proposed plat that would add only 20 residences in this area. 9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water supplies, irrigation and other water suppliers: The City's Water/Irrigation Division indicated as a part of the DST process that a 12 -inch water main extension is needed in Fruitvale Boulevard west to North 30th Avenue, that an 8 -inch water main extension is needed from Fruitvale Boulevard south to Hathaway Avenue, and that a 6 -inch water main extension is needed in Hathaway Avenue. The Water/Irrigation Division further indicated that it will reimburse the applicant for the cost of oversizing between the required 8 -inch size pipe and the proposed 12 -inch line in Fruitvale Boulevard west to 30th Avenue. Due to the water main extensions that will be provided primarily at the applicant's .expens.e,there will be adequate provisions for potable water to the plat. The applicant indicated that irrigation water will be provided if it is practicable, which is unknown at this time. The Building Codes Division noted that the various aspects of the development will require plan review, permits and inspection. 10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste disposal: There is a 15 -inch sewer line and manhole near the southwest corner of the development for connection that will be adequate provision for sanitary waste disposal. 11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and recreation: The proposed plat contains a park which is about 8,300 square feet in size and which will provide park and recreation opportunities for the future residents of the plat. In addition, there are City parks in the general vicinity, including Chesterley Park City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 7 located west of North 34th Avenue. There are adequate provisions for parks and recreational opportunities in the plat and in the general area for a plat of this size. 12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds: Besides the playgrounds at the schools that will be utilized by the future residents of the area, the pocket park in the proposed plat itself may serve as a playground, as well as other parks in the general area such as Chesterley Park. 13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and school grounds. Castlevale School is only about four blocks from the proposed preliminary plat. There was no testimony at the hearing regarding a need for additional schools in the area to serve the 20 additional single-family residences that would result from this plat. 14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks: The City's Engineering Division indicated as a part of the DST process that the sidewalk for the plat needs to be extended completely to North 30th Avenue so that it extends completely around the entire westerly extension of Hathaway Avenue. With that condition, the proposed plat will make appropriate provisions for sidewalks. 15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school: The evidence submitted at the hearing did not suggest a need for other planning features of this nature in view of the size of this plat and the area in which it is located. Although nearby streets lack sidewalks, they do not appear to have high traffic volumes. 16) Subsection 14.20.100(5) — Public use and interest: Based on the standards discussed above, it is apparent that the public use and interest will in fact be served by the subdivision. It complies with the City's Urban Area Zoning Ordinance, Comprehensive Plan and Subdivision Ordinance. It makes appropriate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, potable water, sanitary City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 8 AAS waste disposal, parks and recreation, playgrounds and sidewalks. The size and nature of the plat does not demand provisions for other features listed in Subsection 14.20.100(4) of the YMC and in Section 58.17.110 of the RCW. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the application's consistency with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re-examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. a) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. b) The level of development (lot size, contemplated density) will not exceed the allowable limit in the Two -Family Residential (R-2) zoning district. c) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that will be provided primarily at the applicant's expense will insure that adequate infrastructure and public facilities are available for the proposed plat. d) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed plat which have been discussed in detail above. With appropriate conditions, the proposed preliminary plat will be consistent with the development standards of applicable City ordinances. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30t to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 9 3 CONCLUSIONS 1. The Hearing Examiner has jurisdiction pursuant to Section 14.20.100 of the YMC to make a recommendation to the City of Yakima City Council regarding this application for preliminary plat approval. 2. An environmental Determination of Non -Significance (DNS) was issued for this project on September 30, 2004 and was not appealed within the time period for an appeal. 3. The City's Traffic Capacity Analysis of September 14, 2004 estimated that this proposed development would add 20 net PM peak hour trips which will not exceed the PM peak hour capacity of the City's arterial street system because reserve capacity exists on all streets impacted by this development. 4. This proposed preliminary plat, with the conditions set forth below, is consistent with the City's Urban Area Zoning Ordinance, Comprehensive Plan and Subdivision Ordinance. 5. This proposed preliminary plat, with the conditions detailed below, makes appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks and, according to the weight of the evidence presented at the hearing, is not of such a size or in such a location as would require that specific provisions be made for the other requisite plat considerations such as transit stops, schools, schoolgrounds and other planning features that assure safe walking conditions for students who only walk to and from school. 6. The proposed preliminary plat is in compliance with the consistency requirements of Subsection 16.06.020(B) of the YMC. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 10 �A3 RECOMMENDATION The Hearing Examiner recommends to the City of Yakima City Council that the 20 -lot preliminary plat of Marvin Gardens described in the application and in the related documents which are assigned file numbers PREL LONG PLAT #2-04 and EC #22-04 be APPROVED, subject to compliance with the following conditions: 1. The sidewalk shown along the south side of the new street is required to be extended to the extreme east end of the street improvement to the intersection. 2. A 12 -inch water main extension shall be required in Fruitvale Boulevard west to 30th Avenue; an 8 -inch water main extension shall be required in 30th Avenue from Fruitvale Boulevard to Hathaway Avenue; a 6 -inch water main extension shall be required in Hathaway Avenue; or water service shall otherwise be provided to the proposed preliminary plat by means of such other plans as may be approved by the City. The applicant will be reimbursed by the City's Water/Irrigation Division for the cost of oversizing between the required 8 -inch size pipe and the proposed 12 -inch line in Fruitvale Boulevard west to 30th Avenue. 3. All easements that are provided for irrigation lines or facilities and all 8 -foot - wide public utility easements for existing and proposed sewer stubs that are outside the 10 -foot -wide utility easement along the front of the lots shall be shown on the face of the plat. 4. The applicant shall provide an updated title report to confirm that the property is owned by the parties seeking to develop the property. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 11 /A 5. A construction dust plan shall be filed with, and approved by, the Yakima Regional Clean Air Authority prior to construction. DATED this 30th day of November, 2004. City of Yakima Office of Neighborhood Development Services (ONDS) 20 -Lot Long Plat named "Marvin Gardens" On Hathaway Ave.:N. 30th to N. 32nd Ave. PREL LONG PLAT #2-04; EC 22-04 12 Gary M. Cuillier, Hearing Examiner A'4 Dated: August 5, 2004 First American Attention: Yakima Valley Partners/Habitat For Humanity P.O. Box 9007 Yakima , WA , 98909 Loan # RE: 397691 Yakima Valley Partners/Habitat For Humanity, a Washington Corporation 3106 Hathaway Avenue Yakima WA 98902 Please find enclosed Chris Gregory Title Officer 120 N Naches Ave Yakima, Washington 98901 TEL: (509) 248-7550 FAX: (509) 248-2319 Title Transmittal Form No. 1402.92 (10/17/92) ALTA Owner's Policy Policy No.: 4433-397691 Page 1 ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8, AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; or 4. Lack of a right of access to and from the land; The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company President Secretary © 2000 The First American Corporation. All Rights Reserved �p'•o,;'ih�rd. :.yam:. Ur:.y:;; y �, �;r ^�''h,r/`�, "�fh�!��I Form No. 1402.92 (10/17/92) Policy No.: 4433-397691 ALTA Owner's Policy Page 2 of 7 SCHEDULE A Date of Policy: June 22, 2004 at 5:00 p.m. Policy Amount: $45,000.00 Policy No.: 4433-397691 Premium: $358.00 1. Name of insured: Yakima Valley Partners/Habitat For Humanity, a Washington Corporation 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Yakima Valley Partners/Habitat For Humanity, a Washington Corporation 4. The land referred to in this policy is described as follows: Real property in the County of Yakima, State of Washington, described as follows: The West 115 feet of Tracts A and B of CASEY'S ADDITION, according to the official Plat thereof recorded in Volume "S" of Plats, Page 14. APN: 181314-23446 APN: 181314-23448 First American Title -2- Form No. 1402.92 (10/17/92) Policy No.: 4433-397691 ALTA Owner's Policy Page 3 of 7 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against Toss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART ONE 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claim of easement or encumbrances which are not shown by the public records, unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance therof, water rights, claims or title to water. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. First American Title Form No. 1402.92 (10/17/92) Policy No.: 4433-397691 ALTA Owner's Policy Page 4 of 7 SCHEDULE B PART TWO 1. General Taxes for the year 2004. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 181314-23446 lst Half Amount Billed: $ 66.68 Amount Paid: $ 66.68 Amount Due: $ 0.00 Assessed Land Value: $ 0.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 66.68 Amount Paid: $ 0.00 Amount Due: $ 66.68 Assessed Land Value: $ 0.00 Assessed Improvement Value: $ 0.00 2. General Taxes for the year 2004. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 181314-23448 1st Half Amount Billed: $ 464.76 Amount Paid: $ 464.76 Amount Due: $ 0.00 Assessed Land Value: $ 0.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 764.77 Amount Paid: - $ 0.00 Amount Due: $ 764.77 Assessed Land Value: $ 0.00 Assessed Improvement Value: $ 0.00 3. Easement for electric transmission and distribution lines of one or more wires, and all necessary or desirable appurtenances, including telephone and telegraph wires, towers, poles, props, guys and other supports; and related matters. Recorded: April 9, 1959 Recording Information: 1767377 Grantee: Pacific Power & Light Company Affects: lands of which real estate under search forms a part Note: Said premises may be assessed annually by Drainage District No. 39 and Weed District. Note: Inquiry should be made relative to stock in and charges by Fruitvale Schanno Irrigation Company for water. _' "> ,Nlii First American Title Form No. 1402.92 (10/17/92) Policy No.: 4433-397691 ALTA Owner's Policy Page 5 of 7 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applica bility This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Va/ues, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved First American Title Form No. 1402.92 (10/17/92) Policy No.: 4433-397691 ALTA Owner's Policy Page 6 of 7 EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land, or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that it is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge": or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described, or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument, (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records.of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to -the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. CONDITIONS AND STIPULATIONS 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action First American Title or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for the purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, .all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Form No. 1402.92 (10/17/92) Policy No.: 4433-397691 ALTA Owner's Policy Page 7 of 7 insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle with Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(1) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the amount of insurance stated in Schedule A, or (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to' the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance state in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the Amount of Insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy and shall only apply to that portion of any loss which exceeds in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule (A) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the Amount of Insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom it shall have full performed its obligations with respect to the matter and shall not be liable for any loss or damage caused thereby (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NON -CUMULATIVE. It is expressly understood that the Amount of Insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name First American Title of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non -Insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Polity shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the -estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice -President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 1 First American Way, Santa Ana, California 92707, or to the office which issued this policy. 1t you'want inrormation aoout coverage or neeo assistance to resolve complaints, please call our toll tree number: 1-1500-T29-1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations. Visit our World -Wide Web site at: http://www.stewai....om • POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN e:i SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas 3,._.� corporation, herein called the Company, insures, as of Date of Policy 'shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; ''� 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but tM1,. only to the extent provided in the Conditions and.Stipulations. I,Sr;p IN WITNESS WHEREOF, Stewart Title Guaranty Company had caused this policy to be signed and sealed by its duly authorized officers as of the date of Policy shown in Schedule A:;;: S-TEWART TITLE O1YA tANTY COhfPANY ala City, State EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Ri'ghts of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: a created, suffered, assumed or agreed to by the insured claimant; b not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; c resulting in no loss or damage to the insured claimant; d attaching or created subsequent to Date of Policy; or e resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by thisolicy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation offederalbankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results 'from the failure: �i) to timely record the instrument of transfer; or F� il) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ,,,-,„,...k,- -yam , ALTA OWNER'S POLICY - 10-17-92 Page 1 of Policy0-999 Serial No. 3-3004963 b ALTA OWNER'S POLICY SCHEDULE A Order No. X-182479 Policy No: 0-9993-3004963 Date of Policy: August 15, 2003 at 04:38 pm Amount of Insurance: $146,000.00 1. Name of Insured: CITY OF YAKIMA, OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES, A WASHINGTON MUNICIPAL CORPORATION 2. The estate or interest in the land which is covered by this Policy is: Fee Simple Estate 3. Title to the estate or interest in the land is vested: The named insured 4. The land referred to in this policy is described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO. SCHEDULE B This policy does not insure against Toss or damage (and the company will not pay costs, attorney fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act not shown by the public records. 5. Rights of use, control or regulation by the United States of America, in the exercise of powers over navigation, any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, or construction charges for sewer, water, electricity, or garbage removal. 9. Indian tribal codes or regulations, Indian treaty or Aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: 1. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No.181314-23438 Levy Code: 331 Affects: Lot 1 3. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No. 181314-23439 Levy Code: 331 Affects: Lot 2 4. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No. 181314-23440 Levy Code: 331 Affects: Lot 3 5. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No. 181314-23441 Levy Code: 331 Affects: Lot 4 6. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No. 181314-23442 • Levy Code: 331 Affects: Lot 5 $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. ALTA OWNER'S POLICY STANDARD COVERAGE Order No. X-182479 7. General taxes for the year 2003, in amount of $121.25, of which the first half has been paid; leaving an unpaid balance of $60.63, which does not become delinquent until November 1, 2003. Parcel No. 181314-23443 Levy Code: 331 Affects: Lot 6 8. General taxes for the year 2003, in amount of $121.25, of which the first half has been paid, leaving an unpaid balance of $60.63, which does not become delinquent until November 1, 2003. Parcel No. 181314-23444 Levy Code: 331 Affects: Lot 7 9. General taxes for the year 2003, in amount of $168.39, of which the first half has been paid, leaving an unpaid balance of $84.20, which does not become delinquent until November 1, 2003. Parcel No. 181314-23447 Levy Code: 331 Affects: Tract A 10. General taxes for the year 2003, in amount of $168.39, of which the first half has been paid, leaving an unpaid balance of $84.20, which does not become delinquent until November 1, 2003. Parcel No. 181314-23449 Levy Code: 331 Affects: Tract B 11. Charges, if any, due the Fruitvale Schanno Irrigation Company for water supplied. Inquiry should be made at the office of said company relative to the rights and obligations of its stock. 12. Deed of Trust to secure an indebtedness of $90,000.00, and any interest, advances or other obligations secured thereby; Dated: August 15, 2003 Recorded: August 15, 2003 Auditor's File No: 7353048 Grantor: The City Of Yakima Trustee: Valley Title Guarantee Beneficiary: William Kloster and Mary Kloster, husband and wife 13. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument Recorded: August 2, 1932 Auditor's File No: 608540 For: Underground covered drain to convey waste and irrigation water In favor of: Adjoiners Affects: Not specifically located 14. Easement or right-of-way for electric transmission and distribution line disclosed by instrument Recorded: April 9, 1959 Auditor's File No: 1767377 Grantee: Pacific Power & Light Company, a corporation 15. Easement delineated on the plat of said addition, For: Public utilities Affects: The North 8 feet of Lots 1, 2, 3 and 4 and Tract A ALTA OWNER'S POLICY STANDARD COVERAGE Order No. X-182479 16. Easement delineated on the plat of said addition, For: Public utilities Affects: The South 8 feet of Lots 5, 6 and 7 and Tract B 17. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington, Department of Ecology, Plaintiff vs. (numerous named defendants), notice of which is given by Lis Pendens recorded under Yakima County Auditor's File No. 2479271, being an action for the determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of Washington. (Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant Attorney General) NOTE Parcel No: 181314-23438, 23439, 23440, 23441, 23442, 23443, 23444, 23447, 23449 Levy Code: 331 END OF SCHEDULE B ALTA OWNER'S POLICY STANDARD COVERAGE Order No. X-182479 EXHIBIT "A" Lots 1, 2, 3, 4, 5, 6 and 7 and Tracts A and B, CASEY'S ADDITION, recorded in Volume "S" of Plats, Page 14, records of Yakima County, Washington, EXCEPT the West 115 feet of Tracts A and B thereof. END OF EXHIBIT "A" /4/- -( COMPREHENSIVE COVERAGE FOR HOMEOWNER ENDORSEMENT ATTACHED TO POLICY NUMBER 0-9993-3004963 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number: X-182479 1. This endorsement shall be effective only if at Date of Policy there is located on the land described in the policy a one -to -four family residential structure, in which the insured owner resides, either at Date of Policy or within one year of Date of Policy, as the insured owner's principal residence. For the purpose of this endorsement the term "residential structure" is defined as principal dwelling structure located on the land together with a garage or carport used for storage of noncommercial vehicles. The term "residential structure" shall not include detached outbuildings (other than a garage or carport as defined herein), driveways, walkways, boat ramps, docks, recreational facilities of any kind, subsurface lines, pipes, tanks, septic systems and/or drainfields, plantings of any nature, perimeter fences or perimeter walls, or any other improvements which are not an integral part of the residential structure. 2. The Company hereby insures the insured owner against loss or damage which the insured owner shall sustain by reason of: a. the existence at Date of Policy of any unrecorded statutory lien for labor or materials attaching to the estate or interest arising out of any work of improvement on the land, in progress or completed at Date of Policy, except those liens arising out of a work of improvement for which the insured has agreed to be responsible. b. the removal of the residential structure or interference with the use thereof for ordinary residential purposes as the result of a final court order or judgment, based upon the existence at Date of Policy of: (1) any encroachment of the residential structure or any part thereof onto adjoining lands, or onto any easement shown as a special exception in Schedule B of the policy, or onto any unrecorded subsurface easement; (2) any violation on the land of enforceable covenants, conditions or restrictions, provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sublease, or contract of sale referred to in this policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential structure; (c) set back of the residential structure from the property lines of the land; or (d) height of the residential structure. c. damage to the residential structure resulting from the exercise of any right to use the surface as i of the land for the fiction or development of the minerals shown as an exception in Schedule 8, or excepted from the description of the land. For purposed of this endorsement, the words "covenants", "conditions" or "restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protections, except to the extent that a notice of a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsement, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereo£ Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersi,ature. Counters' .. ed: Authorized Countersignature ' INFLATION ENDOR.,�MENT ATTACHED TO AND MADE A PAI -‘4 OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9993-3004963 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said policy, hereby modifies said policy, as follows: 1. Notwithstanding anything contained in said policy and any other Endorsements attached thereto to the contrary, the amount of insurance provided by said policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, to 12:01 a.m. on the first January 1 which occurs more than six months after the date of policy, as shown in Schedule A of the policy to which this Endorse- ment is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the max- imum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said policy, less the amount of any claim paid under said policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In computing loss or damage incurred by the Insured Claimant, the amount of insurance in force shall be deemed to be the amount in force at the date the Insured Claimant first learned of the defect in title from which the loss or damage resulted or the date of receipt by the Company of the first notice of claim, whichever first shall occur. Nothing herein contained shall be construed as extending or changing the effective date of said policy. This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Chairman of the jl3oard STEWART TITLE GUARANTY COMPANY Authorized Countersignature Company —VALLEY TITLE GUARANTEE City, State 5537-8 `SCE 6(, ws 4• ....44. Iq N- pRPOR,- Arn .1:9 Endorsement Serial No. E1521- 70398 A1=-1 r'ONDITIONS AND STIPULATIONS Continued (co )d and concluded from reverse side of Policy Face) ) 7. • DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy and improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation -by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken suaject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters, when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Comany and any statement in writing required to be furnished the Company shall incluce the number of this policy and shall be addressed to the Company at P. 0. Box 2029, Houston, Texas 77252-2029. STE'WART T!TI.E GUARANTY COMPANY 1 CITY OF YAKIMA, ONDS Exhibit List CHAPTER A Staff Report EXHIBIT # DOCUMENT DATE A-1 Staff Report 11/15/04 City of Yakima, Washington Department of Community & Economic Development Planning Division Preliminary Plat Open Record Public Hearing November 15, 2004 Preliminary Plat Application ) By City of Yakima Office of ) Neighborhood Development Services ) For a 20 Lot Plat Located at the, ) Vicinity of 3000 — 3100 Hathaway Ave.) Staff Report Pre Plat #2-04, EC#22-04 Staff Contact: Jeff Peters, Assistant Planner 575-6163 SUMMARY OF RECOMMENDATION. The Division of Environmental Planning recommends approval of this preliminary long plat subject to conditions. FINDINGS APPLICANT. City of Yakima Office of Neighborhood Development Services 112 S. 8th Street Yakima, WA 98901 LOCATION. This property is located in the vicinity of 3000 — 3100 Hathaway Ave. PARCEL NOS. 181314-23438 thru 23449. APPLICATION. Preliminary plat for twenty, Two -Family Residential lots, located on approximately 1.90 acres coupled with an environmental review. PROJECT DESCRIPTION. This application concerns a proposal, to subdivide approximately 4.76 acres of property into 20 new lots that range in size from approximately 7,424 to 8,741 square feet. CURRENT ZONING AND USE. The current zoning of this property as stated above is (R-2) Two -Family -Residential, and the surrounding properties have the following characteristics. North South West East Zoning CBDS/R-2 R-3 R-2 R-2 CBDS/R-2 1 Land Use Single -Family Homes/Industrial Use Mobile Home Court Mobile Home Court Single Family Homes Fred Hearing Examiner EXH # .A--1 Date /1 -- File ' -File HEARING EXAMINER JURISDICTION. Pursuant to Chapter 58.17 RCW and § 14.30.080 YMC, the Hearing Examiner is authorized to make a recommendation to the City Council on preliminary plats. COMPREHENSIVE PLAN. The Future Land Use Map and 1998 Comprehensive Plan designate the subject property as suitable for Medium Density Residential development. This Medium Density Residential 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 and 11 dwelling units per acre. Goals of the 1997 Comprehensive Plan include: Goal 113: Preserve and improve existing residential neighborhoods. Objective G9: Encourage quality design while achieving economic growth patterns. Objective L2: Establish a pattern of development that supports a sense of community. Objective 113.1: Stabilize existing, viable neighborhoods. URBAN AREA ZONING ORDINANCE. The Urban Area Zoning Ordinance indicates that the (R-2) Two -Family Residential district is intended to: Establish and preserve residential neighborhoods for detached single-family dwellings duplexes and other uses compatible with the intent of this district; and also to locate moderate -density residential development, of up to twelve units per net residential acre, in areas served by public water and sewer. DEVELOPMENT SERVICES TEAM (DST) REVIEW. The DST meeting for this proposal was held on September 1, 2004 at which time the following comments were submitted. Engineering Division: The improvements proposed shown on the Preliminary plan are adequate. However, the sidewalk shown along the south side of the new roadway needs to be extended to the extreme east end of the roadway improvement (intersection). The City engineering Staff may design this proj ect. Life Safety Division: Life Safety has no issues at this time. Water/Irrigation Division: A 12" water main extension is needed in Fruitvale Blvd. west to 30th Ave. From Fruitvale Blvd. south to 30th Ave. an 8" main is needed and upon Hathaway Ave. the DOC. 2 INDEX main may drop in size to a 6" line. The Water Division will reimburse for all over sizing between the required 8" size pipe and the proposed 12" line by the Water and Irrigation Division. Traffic Engineering: Traffic Capacity Analysis was completed on September 14, 2004 and indicates that this development will not exceed the PM peak hour capacity of the City's arterial street system and that reserve capacity exists on all streets impacted by this development. Waste Water: There is a 15" sewer line & Manhole near the southwest corner of the development for connection. Building Codes: Sewer and water availability appears to be a problem for this area and may require extension. Development will require plan review, permits and inspection. Washington Department of Transportation: The plat site is not adjacent to, or in the vicinity of, any WSDOT-maintained roads, and we have no comments. Yakima Regional Clean Air Authority(YRCAA): If the project includes any work that would disturb soil stability, it is subject to the requirement to submit a dust control plan. A construction dust plan must be filed with, and approved by, YRCAA. The dust control needs to address demolition, site preparation, construction and landscaping phases, per section 3.08A of YRCAA Regulations. The proponent is also encouraged to file a Master Construction Dust Control Plan for project now and in the future. The fee for a Master Construction Dust Control Plan is $215. Building Code Addressing: Lot 1: 1004 N. 30th Ave. Lot 2: Lot 3: Lot 4: Lot 5: Lot 6: Lot 7: Lot 8: Lot 9: Lot 10: Lot 11: Lot 12: Lot 13: Lot 14: Lot 15: Lot 16: Lot 17: Lot 18: 3003 Hathaway St. 3007 Hathaway St. 3011 Hathaway St. 3015 Hathaway St. 3105 Hathaway St. 3109 Hathaway St. 3113 Hathaway St. 3117 Hathaway St. 3121 Hathaway St. 3122 Hathaway St. 3118 Hathaway St. 3114 Hathaway St. 3110 Hathaway St. 3106 Hathaway St. 3102 Hathaway St. 3016 Hathaway St. 3012 Hathaway St. 3 Lot 19: 3008 Hathaway St. Lot 20: 3004 Hathaway St. SUBDIVISION. This preliminary subdivision indicates that all lots will have access, be provided with all necessary public utilities, exceed the minimum lot size for the (R-2) Two -Family Residential zone of 7,000 square feet and meet or exceed the minimum lot width of 50 feet as measured at the rear of the required front setback. ENVIRONMENTAL REVIEW. On September 30, 2004 a Determination of Nonsignificance (DNS) was issued by the City of Yakima for this proposal. No appeals were filed within the fifteen -day appeal period. TRANSPORTATION CONCURRENCY. Traffic Capacity Analysis was completed on September 14, 2004 and indicates that this development will not exceed the PM peak hour capacity of the City's arterial street system and that reserve capacity exists on all streets impacted by this development. PUBLIC NOTICE. Public notice of this application and hearing was provided in accordance with the notice requirements of: Title 14, Subdivision; Title 15, Zoning, Title 6.88, Environmental Policy and Title 16, Development Permit Regulations. Notice of Application and Hearing: Property Posting: Legal Notice: September 3, 2004 September 22, 2004 September 30, 2004 PUBLIC COMMENTS. No comments were received during the 20 -day open comment period. CONCLUSIONS: 1. This recommendation is based upon the project narrative and site plan received August 12, 2004. 1. The hearing examiner has jurisdiction to render a recommendation to the City Council on this matter. (YMC 14.20.100) 2. For the reasons stated herein, this preliminary subdivision complies with the objectives of the Urban Area Comprehensive Plan, the intent of the (R-2) Two -Family Residential zoning district, the provisions of the Urban Area Zoning Ordinance, Subdivision 4 Ordinance, Title 12, Development Standards Ordinance and Traffic Concurrency Ordinance. (YMC 14.20.100) 3. During project review it has been found that this request is in compliance with YMC 16.06.020 (B) for making a Determination of Consistency as follows: A. The proposed uses are permitted within the (R-2) Two -Family Residential zone. (YMC 15.04 Table 4-1) B. All necessary public facilities are or will be available to serve this site. (YMC 14.05.020, 14.15.020 & 14.15.030) C. This proposal is consistent with existing development regulations for this location. (YMC 14.05.020, 14.15.020 & 14.15.030) 4. An environmental Determination of Nonsignificance (DNS) was issued for this project 011 September 30, 2004. 5. Traffic Capacity Analysis indicates that this development will not exceed the PM peak hour capacity of the City's arterial street system and that reserve capacity exists on all streets impacted by this development. 6. The sidewalk shown along the south side of the new roadway is required to be extended to the extreme east end of the roadway improvement (intersection). (YMC 12.05.010 & 12.05.020) 7. A 12" water main extension is required in Fruitvale Blvd. west to 30th Ave. (YMC 12.04.010, 12.04.020, 12.04.040 & 12.04.050) 8. From Fruitvale Blvd. South to 30th Ave. an 8" main is required to be installed. (YMC 12.04.010, 12.04.020, 12.04.040 & 12.04.050) 9. Upon Hathaway Ave. a 6" waterline or greater is required to be installed. The water Division will reimburse for all over sizing between the required 8" size pipe and the proposed 12" line by the Water and Irrigation Division. (YMC 12.04.010, 12.04.020, 12.04.040 & 12.04.050) 10. A construction dust plan must be filed with, and approved by, YRCAA. 11. An 8 -foot wide public utility easement is required for all existing sewer stubs and proposed stubs. (YMC 12.02.010) 12. All irrigation lines and easements are required to be shown on the face of the plat. (YMC 14.20.050) 13. All public notices were provided as required. (YMC 14.20.080) 5 RECOMMENDATION. The Division of Environmental Planning therefore recommends that this 20 -Lot Subdivision known as Marvin Gardens be approved subject to conditions. 1. The sidewalk shown along the south side of the new roadway is required to be extended to the extreme east end of the roadway improvement (intersection). 2. A 12" water main extension shall be required in Fruitvale Blvd. west to 30th Ave. 3. From Fruitvale Blvd. south to 30th Ave. an 8" main shall be installed. 4. Upon Hathaway Ave. a 6" waterline or greater shall be installed. The Water Division will reimburse for all over sizing between the required 8" size pipe and the proposed 12" line by the Water and Irrigation Division. 5. A construction dust plan shall be filed with, and approved by, YRCAA prior to construction. 6. An 8 -foot wide public utility easement shall be required showing the location of all existing sewer stubs and proposed stubs. 7. All irrigation lines and easements shall be shown on the face of the plat. 6 CITY OF YAKIMA ONDS Exhibit List CHAPTER B Maps EXHIBIT # DOCUMENT DATE B-1 Maps: Vicinity, Mailing, Aerial, Zoning and Atlas 8/18/04 RIVER RIVER Fk Castlevale Rd CASTI EVA CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: PREL LONG PLAT#2-04 & EC#22-04 APPLICANT: CITY OF YAKIMA, ONDS REQUEST: 20 LOT PRELIMINARY LONG PLA DIVISION & ENVIRONMENTAL LOCATION: 3000 -3100 BLOCK OF HATHAW olYD or °nos g Filed suBliearing Examin EVIEW yEsy #- LDate rue ft__..� ubj ect Proper t akima City Limits e —lin = 400ft 200 A'1GPLT--2-04 08/18/04 RIVER RD RIVER Po Castlevate Rd CASTLEVAI F RD GARRETT ST CITY OF YAKIMA, WASHINGTON FILE NO: PREL LONG PLAT#2-04 & EC#22-04 APPLICANT: CITY OF YAKIMA, ONDS REQUEST: 20 LOT PRELIMINARY LONG PLAT SUB- DIVISION & ENVIRONMENTAL REVIEW Notified Property Owners within 500 Ft Subject Site LOCATION: 3000 -3100 BLOCK OF HATHAWAY ST. PARCELNUMBER(S):18131423438 18131423439 18131423440 200 400 LONT50-60408/18/04 CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO: PREL LONG PLAT#2-04 & EC#22-04 APPLICANT: CITY OF YAKIMA, ONDS REQUEST: 20 LOT PRELIMINARY LONG PLAT SUB- DIVISION & ENVIRONMENTAL REVIEW LOCATION: 3000 -3100 BLOCK OF HATHAWAY ST. Scale -lin = 400ft 0 200 400 Subject Property Yakima City Limits DOS. 1 1AI(14"-�C LONGPLT-2-04 08/18/04 PREL LONG PLAT##2-04 & EC#22-04 CITY OF YAKIMA, ONDS 20 LOT PRELIMINARY LONG PLAT SUB- DIVISION & ENVIRONMENTAL REVIEW 3000 - 3100 BLOCK OF HATHAWAY ST. IN. Subject Property — City Limits SR Suburban Residentic R-1 Single -Family Resia. .! R-2 Two -Family Residential R-3 Multi -Family Residential B-1 Professional Business B-2 Local Business HB Historical Business SCC Small Convenience Center LCC Large Convenience Center CBD Central Business District CBDS CBD Support M-1 Light Industrial M-2 Heavy Industrial N 34TH AVE Castlevale Rd RIVER RD F�Gt" 9t FBtVO WV J sl CCM' an TM CASTLEVALE RD DRi,' . Q4F GIARE N 27TH AVE RIVER Scale - I in = 4001t 0 200 400 LONGPLT-2-04 City of Yakima, Washington August 18, 2004 PREL LONG PLAT#2-04 & EC#22-04 903 1011 3110 I`F49/I/0 3004 W J ST 3012 0 3002 3004 Q 3106 N L .._ LI IT Is. 3105 3005 3001 z 2908 cn cn ti 2820 X1 1010 917 913 911 909 907 905 it 903 2905 1006 2903 920 916 914 912 910 908 906 902 Z 1001 921 919 917 915 913 911 909 907 905 903 901 Current Zoning CURRENT ZONING SR Suburban Residential R-4 Single -Family Residential R-2 Two -Family Residential 1 R-3 Multi -Family Residential B-1 Professional Business B-2 Local Business ■ HB Histoncal Business SCC Small Convenience Center ■ LCC Large Convenience Center ■ CBD Central Business District CBDS CBD Support M-1 Light Industrial M-2 Heavy Industrial NSubject Site f6,471, -14Fe<I•6 ! J SI 9 00 10 W J ST 8 8.00 CO 8 8 I 0 Ci 0 z 72 00 Future Land Use FUTURE LAND USE Low Density Residential Medium Density Residential High Density Residential Professional Office . Neighborhood Commercial Large Convenience Center Arterial Commercial ■ CBD Core Commercial Industnal Urban Reserve dySubject Site Yakima Water & Sewer NWater Line NSewer Lines Imgation Main FILE NO: PREL LONG PLAT#2-04 & EC#22-04 APPLICANT: CITY OF YAKIMA, OND6 Digital Orthophoto Mosaic of Digital Onhophotography flown 08/01/2002 NSubject Property CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPEMENT 129 North Second Street Yakima, Washington 98901 Phone: (509)575-6113 DOC. Fax: (5091575-6105 INDEX All maps shown at 1" = 300ft i One page Atlas: longplt-2-04—'—" — Created: August 18, 2004 Current Zoning CURRENT ZONING SR Suburban Residential 0-1 Single -Family Residential Fit R-2 Two-Famdy Residential . R-3 MuIn-Family Residential 8-1 Professional Business ■ B-2 Local Business ■ HB Histoncal Business SCC Small Convenience Center ■ LCC Large Convenience Center ■ CBD Central Business District CBDS CBD Suppon M-1 Light Ndustnal ■ M-2 Heavy Industrial /y Subject Site Future Land Use FUTURE LAND USE 16 W ST Yakima Water & Sewer Water Line NSewer Lines 00 Imgauon Main 8 S 00 I I ea Low Density Residential Medium Density Residential . High Density Residential Professional Once IINeighborhood Commercial IILarge Convenience Center Anenai Commercial ■ CBD Core Commercial Industrial Urban Reserve Subject Site . � a `fir ,yL 414 MI VAN II '70,tA ; CITY OF YAKIMA, ONDS Exhibit List CHAPTER C Site Plan EXHIBIT # DOCUMENT DATE C-1 Site Plan 8-12-04 OFFSITE WATER CONNECTION no scale 81315-14410 220008-41401 i �—I 151 314-23 411 RACHEL THE PRELIMINARY PLAT OF MARVIN GARDENS LOOM) IN RE 910 1/4 OF NE MW 1/4 OF 66110N 14, 7O1419KP 13 /MN. WARM 15 MT. Kll. HIGHWAY TRACTS 51314-23467 8620' 1 S I 101314-23410 1191114-23421 15I 151 181314-23422 5 83.5 1 ao.s' 1 3 735885 9 2 .bn R 7.0.4St, n 1 80.5 60.5 1 80.5' 1 60.5' 25885474 254254 Fl 7- 558855 6 50.5' 76.0' Tt 0528 516 r 2 1,slab 71 75.0' 1 0.124 5 Fl 5 PARK 10' M OE U110TES EA ENT ALONG FROI4 LOT IENE5 (7674 PR 05ED CCNCR ' 9006 LK 11 SAW bn au5 926T SEs �ll DOMING STRUCTU'E T0 BE REMOVED '3 7✓_ 55 4 CORNER 1611 53 N RNG 18 E, 71.0 820' SEWER CORR CTION POINT (FRUITVALE INTERCEPTOR) 14 2425 5511 0344 b 6 - 2141655 71 4>17 bn - 2]185511 5 21574 F1 - 20 2002 04,n az G' T 82,0' 10' 421 IRRIGATOR �MENT A2LONG REAP LOT UNE5 (TPICr1L) 62.0' -II- 8824' 1.t 171314-32003 621' NOT IN 44 DEVELOPMENT 25.(71 P 25.0' 2 8 tff 70.2' J/ 181314-23430 AUG 1 2004 CITY OF AKIw PLANNIN DIV co LAND USE CLASSIFICATION , WATER , , . . . SEWAGE DISPOSAL. UTILITIES RIGHT OF WAY STREETS . . . . . . . . . SIDEWALKS SURFACE RUNOFF IRRIGATION . . . . . . . VACANT R-2, TWO FAMILY RESIDENTIAL CITY OF YAKIMA CITY OF YAKIMA UNDERI3Ra11D a PUBLIC DEDICATION ASPHALT PAVING, MOUNTABLE CURB. 5' CONCRETE AS SHOWN DETAINED ON SITE WILL BE PROVIDED IF PRACTICAL BUILDING SET BACKS . , . . FRONT 20' SIDE 5' REAR 15' DENSITY & USES ALL LOTS TO DE SINGLE FAMILY ON-SITE CONISTRUCTION GROSS AREA 4.76 ACRES LESS 114L2.1 0, 76 ACRES LESS PARK 1,12 ACRES TOTAL NET AREA 3.81 ACRES M25 DWELLING UNNITS PER NET RESIDENTIAL ACRE OPF6TE WATER SEE DETAIL 151314-23425 IVGAI 0740647704 (1111314-73438 THROUGH -23449) LOTS 1,2,3,4,5,6 AND 7 ARO TRACTS A AND B, CASEY'S 45057041, RECORDED IN VOLUME '5' OF PLATS, PAGE 14, RECORDS OF YAKIMA COUNTY, WASHINGTON. GRAPHIC SCALE L=7 (8La5) OWNER/ DEW(OPER I. -40 R CITY OF YAKIMA 0.6.2.5. 112 SOUTH 6104 5T. YAKIMA, WA 98901 (509) 575-6101 SURVEYOR THOMAS F UPTON P.LS. THOMAS F. UPTON SURVEYING 2115 B WEST UNCOLN YAKIMA, WA 08902 (508) 576-0441 HABITAT FOR HUMANITY 2500 S 26TH AVE YAKIMA, WA 98902 (509) 453-8077 DENNIS E. COVELL, P.E. D.E.C. ENGINEERING SERVICES 4805 CA51LEVIER YAKIMA, WA 90906 (509) 965-0751 NOTES DISTANCES SHOWN ARE SCALE DIMENSIONS ONLY AND SHOULD 8E CONSIDERED A5 APPROXIMATE. LOT AREAS SHOWN INCLUDE POR10N5 ENCUMBERED BY THE VARIOUS EASEMENTS. MA)0909 STREET GRADES 6 S 4 MINIMUM SEWER GRADE 0.5 8 IRRIGAMON DISTRIBUTION SYSTEM TO FOLLOW REAR LOT ONES. NOTE: 2501124 GROUND SLOPES FROM NORTHWEST TO SOUTHWEST AT GRADE LESS THAN 1X NO CONTOURS ARE SHOWN. ® 901104 MANHO£ 9EWIIt OLEN4WT T�(SV' PRnPOSFD 511¢01 UCI4TS -{- PROPC5FD FIRE HYDRANT Thomas F. Upton Rofenloo 2 ls085wveyor TNa 4 2514, Tu40. WAA �OTBV 88807 a (500) 575-0441. Fm ( ) 452-0561 TWI Fm 1-905-570-0441 01 Wall A1.101151.9, 2004 RINI ( TRACTS 181314--23419 181314-23421 181314-23420 181314-23422 60.5' 60.5' 75.0' Ft FRON 4 8,529 Sq Ft T LOT LINES (TYPIC SIDEWALK 3 8,529 Sq Ft 2 7,358 Sq Ft 75.0' 1 6,124 Sq Ft PARK 25.0') c0 0 C0 2 c C 17 .,741 Sq Ft 18 8,741 Sq Ft ALONG REAR LOT LINES (TYPICAL) X2.0' 62.0' 19 8,741 Sq Ft 62 0' 20 8,602 Sq Ft 62.1' 25.0' NOT IN Filed Hearing Examiner cx1-* e.-' Datet 70.2' rr -72 no scale 63.5' O 1.0 7,898 Sq Ft 60.5' 181314-23411 NACHEZ HIGHWAY TRACTS 1 81 31 4-2346 7 662.0' 181314-23419 181314-23421 181314-23420 181314-23422 60.5' 9 7,424 Sq Ft r 8 7,941 Sq Ft 2 7,358 Sq Ft 1 6,124 Sq Ft 7 8,529 Sq Ft 8,5296 Sq Ft 5 8,529 q Ft 8,524q Ft 8,529 Sq Ft 0 IC z 10' WIDE UTILITIES EASEMENT ALONG FRON PR POSED LOT LINES (TYPICAL) CONCR TE SIDEWALK 11 8,935 Sq Ft rkb 0 N U? ( EXISTING STRUCTU TO 6E REMOVED E 1 7,855, 3 Sq Ft 8,335 Sq Ft 0 15 8,741 Sq Ft 16 8,741 Sq Ft 17 8,741 Sq Ft 18 8,741 Sq Ft 19 8,741 Sq Ft 20. 8,602 Sq Ft NOT IN WEST 1/4 CORNER SEC. 14, TWP 13 N , RNG 18 E., W.M. Filed Hearing Exallniner Eff-# Date 25 0' DE IRRIGATION EASEMENT ALONG REA 71.0' 62.0' 62.0' )62.0' 662.4' 70.2' r A A no scute 63.5' 10 7,898 Sq Ft 181314-23411 60.5' 9 7,424 Sq Ft o NACHEZ HIGHWAY TRACTS 1 1 1 181314-23467 1 181314-23419 1181314-23421 60.5' 1 60 5' 60.5' 662.0' 60.5' 60.5' 1 60.5' 0 N r7 N M 0-5 75.0' 181314-23422 75.0' 2 7,358 Sq Ft 1 Co 6,124 Sq Ft 7,941 Sq Ft 7 8,529 Sq Ft '4' 5 8,529 Sq Ft d' 4 8,529 Sq Ft d' 3 8,529 Sq Ft d' 10' DE UTILITIES EASE T- PR POSED ENT ALONG FRONT LOT LINES (TYPICAL) CONCR TE SIDEWALK r o PARK 25.0' \1 11 8,935 Sq Ft 12 8,124 Sq Ft EXISTING STRUCTU (...... TO BE REMOVED E 13 7,855 Sq Ft CV 8,335 St{ Ft 8,741 5 Sq Ft d' 16 g 8,741 Sq Ft d' 17 8,741 Sq Ft d' 8,741 18SqFt d' 19 8,741 Sq Ft Nt 8,602 OSq Ft NOT IN 25.0' L c Iw 11 O I :l WEST 1/4 CCRNER SEC. 14, TWP 13 N , RNG 18 E., W.M. 10' WDE IRRIGATION EASEMENT ALONG REAP LOT LINES (TYPICAL) 62.0' T 62.0' T 62.0' 52.0' 662.4' 62.0' 62.0' Filed Hearing Exartniner ExNf* d—t Datel g/ r^,1e_. &L lmj P/afa Q 702' I J� CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES Exhibit List CHAPTER D DST Comments EXHIBIT # DOCUMENT DATE D-1 Request for Comments 8/19/04 0-2 Agencies Contacted 8/19/04 D-3 Comments from Max Linden, City Wastewater Division 8/24/04 D-4 Comments from Scott Schafer, City Wastewater / Utilities 8/24/04 D-5 Comments from Sandy Cox, City Code Administration 8/23/04 0-6 Comments from Mike Shane, City Water / Irrigation Division 9/3/04 D-7 Comments from Joan Davenport, City Traffic Engineering Division 9115/04 D-8 Comments from Carolyn Belles, City Code Administration 8/26/04 D-9 Comments from Salah Al-Tamimi, WSDOT 9/16/04 D-10 Comments from Jerry Robertson, City Code Administration 8/20/04 D-11 Comments from Al Rose, City Engineering Division 9/1/04 CITY OF YAM MA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM M Rose Project Engineer August 19, 2004 flTO: City of Yakima Development Services Team FROM: Jeff Peters, Assistant Planner fl SUBJECT: UAZO PREL LONG PLAT #2-04 & EC #22-04, City of Yakima ONDS — Marvin Miller. PROPOSAL: Long Plat of approximately 3.81 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6000 to 8935 square feet in size plus a pocket park and an Environmental Review. LOCATION: Vicinity of 3000 & 3100 Hathaway Ave. Yakima WA PARCEL NUMBERS: 181314-23438 through 23449 Please review the attached 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 September 1, 2004 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters@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) 575-6163. COMMENTS: GvsL Go ✓i G (.J t 1 ✓o V r a o .-s" a/ .S to a 1 Gvti ?re,/ . Cj.2 r e D 1- 4T ,- (<tJ ro S. ro d !;v. / -0 c% k t 4,-;„...d; o ) , pro % 4e- e'/ -q ,67 _4 : • Contact Department / Agency Filed Hearing Examiner EXH #,7 —/ I Date 94-6_`i File # Pre (tom del 4K2,61 CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM Jerry Robertson Codes RECEIVED AUG 2 0 20u4 August 19, 2004 CODE ADM ST1' TIQ J TO: City of Yakima Development Services Team FROM: Jeff Peters, Assistant Planner SUBJECT: UAZO PREL LONG PLAT #2-04 & EC #22-04, City of Yakima ONDS — Marvin Miller. PROPOSAL: Long Plat of approximately 3.81 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6000 to 8935 square feet in size plus a pocket park and an Environmental Review. LOCATION: Vicinity of 3000 & 3100 Hathaway Ave. Yakima WA PARCEL NUMBERS: 181314-23438 through 23449 Please review the attached 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 September 1 2004 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters@ci.yakima.wa.us and the Planning Department's fax number is (509) 5'75-6105. Should you have any questions, or require additional information, please call me at (509) 575-6163. COMMENTS: \f\f 1 ZC3 t.3 t (Be pr-KCViC\r\k, Contact Department / Agency DOC. INDEX # 1—J6 in7iWashington State Department of Transportation Douglas B. MacDonald Secretary of Transportation September 15, 2004 City of Yakima Planning Division 129 North Second St., City Hall Yakima, WA 98901-2637 Attention: Jeff Peters, Assistant Planner South Central Region 2809 Rudkin Road, Union Gap P 0 Box12560 Yakima, WA 98909-2560 509-577-1600 TTY 1-800-833-6388 www wsdot.wa.gov SEP 1 6 2004 CITY OFY1�, Ii��� PLA N°NINC L�IV, Subject: UAZO PREL LONG PLAT #2-04, UAZO EC #22-04 Marvin Gardens Long Plat (20 Lots), Marvin Miller & Habitat for Humanity West Side of N. 30th Ave. Along Hathaway Ave. (South of Fruitvale Blvd.) Thank you for giving us the opportunity to comment on the proposed plat. The plat site is not adjacent to, or in the vicinity of, any WSDOT-maintained roads, and we have no comments. Thank you for the opportunity to review and comment on this plat. Sincerely, Salah Al-Tamimi, P.E. Regional Planning Engineer SA: rh/jjg cc: File #18, Yakima County p:\planning\devrev\yakimaco\yakcity_marvin gardens_lp.doc August 26, 2004 To: Jeff Peters, Planning From: Carolyn Belles, Codes Re: LP #2-04, EC #22-04 ONDS Marvin Gardens Recommended addressing is as follows: Lot 1: 1004 N 30111 Ave. Lot 2: 3003 Hathaway St. Lot 3: 3 007 Hathaway St. Lot 4: 3011 Hathaway St. Lot 5: 3015 Hathaway St. Lot 6: 3105 Hathaway St. Lot 7: 3109 Hathaway St. Lot 8: 3113 Hathaway St. Lot 9: 3117 Hathaway St. Lot 10: 3121 Hathaway St. Lot 11: 3122 Hathaway St. Lot 12: 3118 Hathaway St. Lot 13: 3114 Hathaway St. Lot 14: 3110 Hathaway St. Lot 15: 3106 Hathaway St. Lot 16: 3102 Hathaway St. Lot 17: 3016 Hathaway St. Lot 18: 3012 Hathaway St. Lot 19: 3008 Hathaway St. Lot 20: 3004 Hathaway St. C: File DOC, INDEX ,.... DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 September 14, 2004 Marvin Miller City of Yakima Office of Neighborhood Development Services 112 South 8th Street Yakima, WA 98901 SEP cls 5 2004 414 1944 Subject: Notice of Decision for Transportation Concurrency Analysis 20 Single Family Homes, Known as Marvin Gardens Plat, Yakima, WA Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed 20 single family homes knows as the Marvin Gardens Preliminary Plat, located at 3000 — 3100 Hathaway Avenue, 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 forms and procedures are available at the Department of Community and Economic Development. If you have any questions, please me call at (509)576-6417. Sincerely, Davenport upervising Traffic Engineer enclosure copy::Chris Wilson, City Planning Division Alice Klein, City Code Division Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 1999 Date of Review: Review Prepared by: Proposed Development: Subject Address: ITE Land Use Category: Calculation: Expected Net PM Peak City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis September 14, 2004 Joan Davenport, Supervising Traffic Engineer (576-641 20 Single Family Detached Homes 3000 — 31000 Hathaway Ave LU #210, Single Family Detached Residential 1.01 PM Peak Hour Trips per Dwelling Unit. [1.01* 20 = 20.2 PM Peak Hour Trips] Hour Trip Generation: 20 PM Peak Hour trips Summary of Impact: The applicant, City of Yakima Office of Neighborhood Development Services proposes to construct twenty (20) single family homes on individual lots in the vicinity of 3000 to 3100 Hathaway Ave. All traffic from this new development is assumed to enter the Arterial Street system on Castlevale Road. 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 are 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. Seg Street Segment TotalHr PM Pk ADT Peak Hr Reserve Cap. New Dev. PM Pk Hr Impact Total Con- currency Trips Resulting Pm Pk Hr Capacity V/C LOS (V/C Ratio) 50 N 16th Ave: River Rd - Fruitvale Blvd 19700 1,714 1,486 3 105 1,483 0.57 A 51 N 16th Ave: Fruitvale Blvd - Englewood 21500 1,871 1,330 5 117 1,325 0.62 B 67 N 40th Ave:Fruitvale - River Rd 20,400 1,775 1,425 5 107 1,420 0.59 A 68 N 40th Ave: River Rd - Powerhouse 24,400 2,123 1,077 5 148 1,072 0.71 C 85 Fruitvale Blvd: 40th Ave - 34th Ave 10,200 887 2,303 10 155 2,293 0.33 A 86 Fruitvale Blvd: 34th Ave - Castlevale 9,900 861 2,329 10 102 2,319 0.30 A 87 Fruitvale Blvd: Castlevale - 16th Ave 13,500 1,175 2,016 12 81 2,004 0.39 A 93 Castlevale: Powerhouse - 34th Ave 810 70 1,520 8 11 1,512 0.05 A 94 Castlevale: 34th Ave - Fruitvale 2,100 183 1,407 20 37 1,387 0.14 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. Transportation Capacity Analysis Page 1 of 1 ECEIVE.+ AUG 1 3 2004 City of Yakima, Washington CITY OF A TRANSPORTATION CAPACITY ANALYSIS PLANNING KhOik The Washington State Growth Management Act (RCW 36.70A.070) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted Yakima Municipal Code Section 12.03 to implement this local requirement. 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 Applicant Name: Cd i o f /ak,m 04',95 Contact Person: MO y�10% Milk FEE: $250 (Receipt # Mailing Address: 1 12 SoufM $11 37Lte c t )1aklina 1104 ir)14 of 3000 3/00 NOY4altigJ Project Address: Parcel Number: 18JY/3-23613(9 , Arough ,23W9 Number of Units 20 Describe Describe Housing Type: ,)ji�j /e f am i /u Gross Floor Area: Gross Floor Area: (single family, Apartmentvcondo, MHP) J Special Population: h/0 (Assisted Livjng, Nursing Home, etc) Other: ilia Number of Employee (Day Care, Church, etc) SProject Description: 20 A/ i /e '®m;16 Employees Parking Spaces: (Required/Provided) Parking Spaces: (Required/Provided) Number of Employees /^e s ig/&h/ /S'ial LA)//:4 *****PLEASE ATTACH A SITE PLAN***** Submit this form , attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruitvale Boulevard, Yakima, WA 98902 Phone: 509/575-6005 DOC. INDEX i OFFSITE WATER CONNECTION no scale 4 61315-14410 I 833 80.5 10 - 4. 5488 181314-23411 1 60.5 THE PRELIMINARY PLAT OF MARVIN GARDENS (048185 M 111E 0 1/4 CC 02 MM 1/4 OF =TM 14, 7011119M 13 14211}16 8544X 19 CAST. VOL HIGHWAY TRACTS IE1914-21287 80.1 6620' 60.5 8.418OO n b 1 80.5 Tai 161514-25410 1161314-23421 8,628613 b 8,80840 7 450 88 0 5 60.3' 8,00000 413 1 f n I 76.0 2 7.338 , n DE UTILITIES ALON2 PR .-� �me coxa( ^rv1�,.,�veA14 �/Ct ;k;•;Sx:' .:. ;-1�'1�`p OP- r _ '^....,a M•�srn•�� ,_...+, _.hr,,.,... . mem1.,.1� . �. � ,. n�, 1 ftti .i {'/.pp, �� 4' ,3R:R 1.234787471100 meati 0 • v' =344' : wn31) :7, }0. EBRD' �� Roozl�am�lsal�alQ SRa7crA1r�4a® LOT LINES (TAR 181314-2]4]2 75.0' 2 a PARK DOMINO 31RUCN CT0 BE REMOVED in r SEG 1 rT9F TAF 13 ti, MG 18 L WALL tion 6776340 _ 18 9, 71.0 620' e2O' T 800• 8,>1°a 3'l It R704n 141OGARCN EASILIENT ALOND REAP 020' 62.0• A7.1BK4n - LOT LINES (TIP1C T 82.0' 82.0' 1 821' Rx 19 1 b ROO PP n 002 W 10P Q 0fl4Na1T 220002-4146f f\ CONNECTOR POINT (FRUINAIE WTERCFPTOR) 8824' 181314-32003 z 9 8 0 210' 161314-23430 001371E WA185 SEE 02704 70.3' J,, _J) 181314-23420 (ANT LAND USE , LAND USE CLASSIFICATION . SEWAGE DISPOSAL UTILITIES RIGHT OF WAY STREETS . . SIDEWALKS SURFACE RUNOFF IRRIGATION . . . . . . . VACANT R-2, TWO FAHILY RESIDENTIAL CITY IF YAKIMA CITY OF YAKIMA UNDERGROUND PUBLIC DEDICATION ASPHALT PAVING, MOUNTABLE CURBS 5' CONCRETE AS SHOWN DETAINED ON SITE WILL BE PROVIDED IF PRACTICAL BUILDING SET BACKS . . . . FRONT 20' SIVE 5' REAR 15' DENSITY 6 USES ALL LOTS TO BE SINGLE FAMILY ON-SITE CONSTRUCTION GROSS AREA 4.76 ACRES LESS STREET 0.76 ACRES LESS PARK 0..13 ACRES TOTAL NET AREA 3.81 ACRES 5.25 DWELLING UNITS PER NET RESIDENTIAL ACRE I FGAI DESCRIPTION (181314-23438 THROUGH -234401 LATS 1,23,4.5.8 AND 7 AND TRACTS A AND 8, CASEY'S ADDITION. RECORDED IN WWNE 15 OF PLATS. PAGE 14, RECORDS OF YAKIMA COUNTY, WASHINGTON. GRAPHIC SCALE DWTIFR/ DFY7OIWFR (X98,4) I.3' -4a R. CITY OF MINA 0.4.3.5. 112 SOUT4 8TH 5L YAKIMA. WA 98801 (502) 575-8101 THOMAS F UPTON P.LS. 11409A9 F. UPTON SURVEYING 2115 8 MST LINCOLN YAKIMA. WA 08902 (509) 576-0441 HABITAT FOR HUMANITY 2500 5 28TH AVE YAKIMA, WA 98902 (509) 453-8077 EER DENNIS E COVEU, P.E. ELEC. ENGINEERING 5ERUC7,5 4805 CASHEWS,/ YAKIMA, WA 98908 (509) 055-0751 N0TE51 DISTANCES SHOWN ARE SCALE DIMENSIONS ONLY AND SHOULD BE CONSIDERED AS APPROXIMATE LOT AREAS SNORT4 INCLUDE PORTIONS ENCUMBERED BY 114E VARIOUS EASEMENTS. MAXIMUM STREET GRADES 8 S 3 41)41404* SEWER GRADE 0.5 % IRRIGATION DIST8IBI1110N SYSTEM TO FOLLOW REAR LOT LIMES NOTE' E0511NG GROUND SLOPES FROM NORTHWEST TO 50UTNWEST AT GRADE LESS TIAN TS. NO CONTOURS ARE SNOW. f�a 0 w Cr 1 • SEVER MANHOLE SUER CLEANOUT ( 40DPOS02 Rehr U01.115 �- PROVED FIRE HYDRANT Um F. Upton OrOPOOv1 L.ad 8vrryor PO BOP 6a1µ YO-901.01RIea07 Na (500 17e-w41t60a 442-650 Toll Fro. 5-04.0 xa8.3M1 OA'r2 .11101.79.1504 3'0111 1. Peters, Jeff From: Shane, Michael Sent: Friday, September 03, 2004 9:04 AM To: Peters, Jeff Cc: Brown, Dave Subject: Hathaway I just spoke with Ron Smith, our Utility Locator. He mentioned that he has received a locate ticket for design surveying of the Hathaway project. The locate request was for 29th between Fruitvale and Hathaway, then Hathaway between 29th and 30th. The locate request was from Thomas Upton. As outlined in the DST comments the past Wednesday for the Marvin Gardens project, we are requesting the waterline extension be made in Fruitvale west to 30th, then south on 30th to Hathaway. To avoid any unnecessary or duplicate work on the surveyor's part, you may want to contact them and let them know of this proposed waterline alignment. Let me know if you have any questions. Thanks. Mike Shane Water/Irrigation Engineer 1 Water/irrigation DST Comments Applicant: City of Yakima Location: Hathaway Ave. west of N. 30th Ave. Parcel #: 1851314-23428 through 23449 Date: 9/1/2004 1= primary review 2= secondary review 0 a) L d d 0) w N a) 0 R 1- w R a Comments Submitted By: Mike Shane, Water/Irrigation Engineer - 576-6480 Division: Water/Irrigation Division Development Description: Long Plat of approx. 3.81 acres of (R-2) Two -Family Residential zoned property into 20 lots ranging from 6000 to 8935 square feet in size plus a pocket park and an Environmental Review. WATER & IRRIGATION 1111111111111111111 111 11111111111111111113 111111111111111111 existing water location, size, etc. water extension necessary, size fire hydrant new public easements LID/connection charges service installation charges public/private system Fireflow calculations WellHead Protection Area Irrigation System Exist. 12" DI in Fruitvale on N. side, ends at N. 29th Ave. Yes, new 12" in Fruitvale to N. 30th Ave., 8" DI in N. 30th Ave. from Fruitvale to Hathaway and 6" DI in Hathaway. Water Division to reimburse for oversizing between required 8" waterline and installed 12" waterline an Fruitvale. Design of new waterline extension to be reviewed by Water/Irrigation Division. New FH locations to be determined by Codes No To be assessed at time of individual meter installations. Domestic Connection Charge 3/4 " - $474.00 ea. 1" - $790.00 ea. + 20% taxes. No Distribution Connection Charge. $0.09 per square foot Base Irrigation Charge if using domestic water for irrigation. All new services in Hathaway to be installed by City. Coordinate with Water Distribution Supervisor. 3/4" - $885/ea, 1" - $935/ea. + 20% taxes Public 3000gpm No No City system 0 0 rn Mike Shane 8/30/2004 iMap - City of Yakima - Print Page iMap - City of Yakima Pap, �an4: x 129 North Second Street Yakima, Washington 9890 Copyright 2003-2004 Legend Water Pipes Fire hydrants Parcels Aerial Photos 08/O1/2002 itilitortet v, iii '"' 'Pty, 1.! trial qt -,111111110001.4 Ong161‘ * 44.1, Ntztit 414, iliiril�l C7' DISCLAIMER : This is a product of the City of Yakima Department: The data depicted here have been devek with extensive cooperation In= other city department well as other federal, state and local governments age The City of Yakima is hereby atdeminf1ed in any use o application or data. PROPRIETARY INFORMATIOK: Any resale of this da information is prattihitsd, except in accordance wit a licensing agreement or as other se approved, http://www.ci.yakima.wa.us/servlet/com.esri.esrimap.EsrimarServiceName=overview&ClientVersion=4.0&Form=True&Encode 8/24/2004 DEPARTMENT OF COMMUNITY AND ECONOMIC DEP. .OPMENT Office of Code Administration • codes@ci.yakima.wa.us Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 August 23, 2004 To: Jeff Peters From: Sandy Cox UAZO PREL LONG PLAT #2-04 EC #22-04 City of Yakima ONDS Sewer and water availability appear to be a problem for this area. D3velopment will require plan review, permits and inspections. Yakima 1994 CITY OF YAKIMA Rom REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM August 19, 2004 City of Yakima Development Services Team TZ = Jeff Peters, Assistant Planner Scott Schafer Wastewater/Utihties RECEIVED AUG 2 4 2004 CITY OF YAK), PLANNING Dili. SUBJECT: UAZO PREL LONG PLAT #2-04 & EC #22-04, City of Yakima ONDS — Marvin Miller. PROPOSAL: Long Plat of approximately 3.81 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6000 to 8935 square feet in size plus a pocket park and an Environmental Review. LOCATION: Vicinity of 3000 & 3100 Hathaway Ave. Yakima WA PARCEL NUMBERS: 181314-23438 through 23449 Please review the attached 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 September 1, 2004 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters@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) 575-6163. COMMENTS: - j 2ErfLEAiME-it/7 EAS No coNtr+464,(7---s - Contact Department / Agency TO: CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM w August 19, 2004 .ki Max ,den Waste er/ 1 ites RECEsvEre AUG 2 4 2004 CITY OF YAKIMA PLANNING DIV. MOM:-- Jeff Peters, Assistant Planner SUBJECT: UAZO PREL LONG PLAT #2-04 & EC #22-04, City of Yakima ONDS — Marvin Miller. PROPOSAL: Long Plat of approximately 3.81 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6000 to 8935 square feet in size plus a pocket park and an Environmental Review. LOCATION: Vicinity of 3000 & 3100 Hathaway Ave. Yakima WA PARCEL NUMBERS: 181314-23438 through 23449 Please review the attached 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 September 1, 2004 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters@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) 575-6163. COMMENTS: 2—re ; r/f ei ' (" (' — (/ ?Yj -Ltavt-et_ 72710 O h L Nv1P `tt% Contact zetJ Department / Agency DST PACKETS DISTRIBUTION LIST UAZO# ter Applicant: C -i o.c ykk„1,.4 - 0,0 ✓JS »rid(c✓ Date of Meeting: 9_ - 614 Cit of Yakima Divisions / Yakima Count Plannin • & Public Works: Codes @ Codes Codes 0 Codes Codes Engineering Water / Irrigation Wastewater/Utilities %2i Wastewater/Utilities Utility Services Fire Dept. Fire Dept. Other Agencies: Doug Maples Joe Caruso Sandy Cox Carolyn Belles Jerry Robertson Al Rose Mike Shane Scott Schafer Max Linden Pete Hobbs Lanny Bonsen Ron Melcher 20 Yakima Tieton Irrigation District 21 Nob Hill Water 22 Yakima County Health District 23 WA State Department of Ecology 24 N Yakima Conservation District 25 Pacific Power & Light Co. 26 Q West 27 Cascade Natural Gas Co. 28 Yakima School District #7 29 West Valley School District #208 30 Charter Communications 31 County Clean Air Authority 32 Yakima Waste Systems 33 Yakima Greenway Foundation 34 US Post Office 35 Yakima County 911 36 Soil Conservation District 37 Department of Wildlife 38 Department of Natural Resourses 39 WSDOT(Department of Transportation) 40 Department of Fisheries 41 Yakama Indian Nation 42 Yakima Airport 43 Trolleys 44 City of Union Gap 45 WSDOT, Aviation Division -.V Traffic Engineering Street Break Inspector/Engrng. Parks & Recreation Transit 'Transit 18 Police Dept. 19 Police Dept. 20 Police Dept. Refuse 22 Yakima County Public Works 23 Yakima County Planning Rick Dieke and/or Preston Shepherd Art McKuen Debbie Smith Ray Wondercheck Mike Paulson Blake Davis Sheila Ross Ben Soria Peter Ansingh Kevin Chilcote Les Ornelas Scott Robertson Al Brown Coleen Ellingsworth Wayne Wantland Ray Wondercheck Ted Clusing Salah Al-Tamimi Perry Harvester Bill Beckley Bob Clem Jerry Henderson Bill Rathbone John Shambaugh Joan Davenport Dan Riddle Denise Nichols Ken Mehin Gary Pira Mike Vowell Ben Hittle Greg Copeland Nancy Fortier Vern Redifer Steve Erickson John Dickman 470 Camp 4 Rd.98908 6111 Tieton Dr. 98908 104 N. 1st St. 98901 15 W. Yakima Ave. Suite 200 98902 1606 Perry St. Suite F 98902 500 No. Keys Rd. 98901 8 S. 2nd Ave. Rm 304 98902 701 S. 1st Ave. Yakima, WA. 98902 104 N. 4th Ave. 98902 8902 Zier Rd. 98908 1005 N. 16th Ave. 98902 6 S. 2nd St. Rm 1016 2812 Terrace Heights Dr. 98901 111 S. 18th St. 98901 205 W. Washington Ave. 98903 YPD 1606 Perry St. Suite F 98902 1701 S. 24th Ave. 98902 713 Bowers Rd. Ellensburg, WA 98926 2809 Rudkin Rd. Union Gap, WA 98903 P.O. Box 9155, 98909 P.O. Box 151 Toppenish, WA 98948 2400 W. Washington Ave. 98903 309 N. 35th Ave. 98902 P.O. Box 3008 Union Gap, WA 98903 3704 172nd St. NE, Suite K-2 Arlington, WA 98223 DOC. INDEX CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM August 19, 2004 TO: City of Yakima Development Services Team FROM: Jeff Peters, Assistant Planner SUBJECT: UAZO PREL LONG PLAT #2-04 & EC #22-04, City of Yakima ONDS — Marvin Miller. PROPOSAL: Long Plat of approximately 3.81 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6000 to 8935 square feet in size plus a pocket park and an Environmental Review. LOCATION: Vicinity of 3000 & 3100 Hathaway Ave. Yakima WA PARCEL NUMBERS: 181314-23438 through 23449 Please review the attached 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 September 1, 2004 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters@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) 575-6163. COMMENTS: Contact Department / Agency CITY OF YAKIMA, ONDS EXHIBIT LIST CHAPTER E SEPA REVIEW EXHIBIT # DOCUMENT DATE E-1 Environmental Checklist 8/12/04 E-2 Notice of Application, Environmental Review, Hearing & Request for Comments 9/3/04 E-3 SEPA Agencies notified 9/3/04 E-4 500 -ft. radius adjoining property owners notified 9/3/04 E-5 Affidavit of Mailing 9/3/04 E-6 Comment letter from Les Ornelas, Yakima Clean Air Authority 9/14/04 E-7 DNS (Determination of Nonsignificance) 9/30/04 E-8 Notice of Decision, Compliance with the WA State Environmental Policy Act (SEPA) 9/30/04 E-9 SEPA Agencies notified 9/30/04 E-10 500 -ft. radius adjoining property owners notified 9/30/04 E-11 Affidavit of Mailing 9/30/04 E-12 Legal Notice Affidavit of Publication 9/30/04 E-13 Legal Notice 9/30/04 LEGAL NOTICE CITY OF YAKIMA SEPA DETERMINATION OF NONSIGNIFICANCE September 30, 2004 Description of proposal: Preliminary Long Plat of 1.90 acres of (R-2) Two -Family residentially zoned property into 11 lots located in the vicinity of 3000 & 3100 Hathaway Ave. Proponent: City of Yakima Department of Office of Neighborhood Development Services. Location of proposal: Vicinity of 3000 & 3100 Hathaway Ave. Lead Agency: City of Yakima, EC #22-04 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. U There is no comment period for this DNS LI This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. ❑ This DNS is issued under WAC 197-11-340 (2); the lead agency will not act on this proposal for 15 days from the date below. Comments must be submitted by: Responsible official: William R. Cook Position/Title: CED Director/SEPA Responsible Official Phone (509) 575-6113 Address: 129 N 2nd Street, Yakima, WA 98901 Date Signature ED You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. no later than: October 21, 2004 by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. ❑ There is no agency appeal. Filed Hearing Examiner EXH # Date q)6'41( o1( File # ?rte( I,011 I -Wd--o'1 k 'CIT' OF-Y1KIMA.''- S PA DETERM1NAT10Ni. OE;NONSIGNIPCANCE Septem .3D 21144' Descflp iop of pr =6` "e*.wori ezlififO ,"r de`Itaijy ,± l •Into i s IO a 'infty of 3000 appeal -0116= t `Doug Oles; ®s, & Plaboit) 1 AFFIDAVIT OF PUBLic/A.TION STATE OF WASHINGTON,) ) COUNTY OF YAKIMA ) DONNA SHIVELY, being first duly sworn on oath deposes and says that she/he is the Accountant of Yakima Herald -Republic, Inc., a daily newspaper. Said newspaper is a legal newspaper approved by the Superior Court of the State of Washington for Yakima County under an order made and entered on the 13th day of February, 1968, and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continually as a daily newpaper in Yakima, Yakima County, Washington. Said newspaper is now and has been during all of said time printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a true copy of a: SEPA DETERMINATION, it was published in regular issues (and not in supplement form) of said newspaper once each DAY and for a period of 1 DAY(S) to -wit; on the 30th day of SEPTEMBER, 2004 and the such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $116.22 Accountant SUBSCRIBED AND SWORN to before me te;tis? n9 aAoNf,.a 30t'Fi day of Sept er, 2004 NOTARY PUBLIC in and for the State of Washington, residing at Yakima. DOC. INDEX STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: Gly s 2,G -- SNS I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, all property owners of record within a radius of 500 feet of subject property, and all "parties of record". That said property owners and parties of record are individually listed on the mailing list retained by the Planning Division, That said notices were mailed by me on the 20 day of S - ,2004. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. x,1,6..,. Christine M. Wilson Planning Specialist DOC.. INDEX # e-/(' 181314-32029 WILLAMAE KING 4404 SCENIC DR YAKIMA, WA 98908 181314-23468 WILLIAM J RINDAL 22128 BULSON RD MOUNT VERNON, WA 98274 431 32029 1 )LIYM 'E KING A40 S NIC DR YA'MA, WA 8908 70 labels printed for map sheet longplt-2-04 'D ALS ' v .,1 q.2- (8 (o f Thomas Upton Surveying P 0 Box 2514 4- I3 Yakima, WA. 98907 0 "Ig1314 229 'LLA AE LING 4404 SCEN C D YA MA, WA •:908 Marvin Miller ONDS Cindy Noble NFRD 5609 W. Arlington Ave Yakima, WA. 98908 DOC. INDEX # e-- lo 181314,-24001 181314-2 447 \181314-32408 1 & I DEVELOPMENT LLC & I VE OPM T LLC \ARON LEROY HILL 2809 FRUITVALE BLVD /09 RUIT A BLVD 08 N 29TH AVE YAKIMA, WA 98902 Y K.I A, WA 98902 YAKIMA, WA 98902 181314-23427 ABEL & MARIA ISABEL RAIGOZA 2903 HATHAWAY YAKIMA, WA 98902 r 181314-23406 BILLIE J & JERRY HARRIS 3004 FRUITVALE BLVD YAKIMA, WA 98902-1143 181314-32415 AMELIA WINTER 312 N 30TH AVE YAKIMA, WA 98902 181314-23437 CC SIGNS LLC 1112 E NOB HILL BLVD YAKIMA, WA 98901 181314-32416 AMELIA WINTER 312 N 30TH AVE YAKIMA, WA 98902 181314-23455 CHRISTINE A WADE 611 N 48TH AVE YAKIMA, WA 98908 18131\4-23438 181314-23439 181314-2 CITY b,F YAKIMA FICE OF NEIGHBO C " 0 AKIMA OFFICE : NEIG•=0 CITY ,0 YAKIM' OFF E(OF NEIL HOUSI DEVE MENT SERVI OUSING D.VELOPMEN ERVI HU NG DEVELOP NT SERVI YAKIMA, WA 8901 YAKIMA, WA °�•0 I IMA, WA 98901 18131 -23441 CITY F YAKIMA 0 HOUSI G DEVELOAM YAKIMA WA 9 "901 181314-21442 ICE OF NEIGHBO CITYfYA '.MA OFFICE OF IG H0�3 ING DEVELOPMENT S 'VI - AKIMA, WA 98.01 ENT SERVI 18 314-23444 • 4-8. 14-23447 CI Y OF YA MA OFF E OF NEIG + CITY •F YAKIMA HO ING e VELOPMENT -ERVI HOUSIN• DEVE YAK 1e WA 98901 YAKIMA, W FICE PMENT SE 98901 F NEIG 181314-23454 181314-32434 CURTISS G & BRENDA & ARLENE ZAHL DALE J & JOEY L PERRIGO 1402 QUEEN AVE 22816 58TH DR SE YAKIMA, WA 98902-5423 BOTHELL, WA 98021-8034 181314-32438 DANNY L & CATHY A FLOYD 2807 W CHESTNUT AVE YAKIMA, WA 98902-3725 181314-23432 DONALD ROBERT KLANG 1010 N 29TH AVE YAKIMA, WA 98902 181314-23430 GARY M BROETJE 2909 HATHAWAY ST YAKIMA, WA 98902-1024 181314-32436 GONZALO SANCHEZ 911 N 29TH AVE YAKIMA, WA 98902 181314-32435 DEBRA L. DE WEESE 909 N 29TH AVE YAKIMA, WA 98902 181314-23459 ELMER L & DEBBIE L VANDERWOOD 2920 RIVER RD #3 YAKIMA, WA 98902 181314-23424 GAYLORD N. VANNATTAN 920 N 29TH AVE YAKIMA, WA 98902-1050 181314-23443 CITY OF YAK “4. OFFICE OF NE HOUSING VELO• ENT SERVI Y\ AKIIj• , WA 98901 / 18.314-23449 O CITOF Y• A HOUSI1- IEVELOPMEN YAKIMA, WA 98901 181314-23446 HABITAT FOR HUMANITY YAKIMA VALL PO BOX 9007 YAKIMA, WA 98909-007 1 1314-23 D NY L 28 7 W YA •, 18 DO 10 YA ICE ►fi NEI( SERVI . CATHY A FLOY CHEST UT WA 98902-3725 314-23431 ALD ROB..' KLANG O N 2$1 H A E , WA 989 181315-41461 EPSTEIN HOLDINGS, LLC 8405 SE 53RD PL MERCER ISLAND, WA 98040 181314-32443 GLADYS E BYRE 906 N 29TH AVE YAKIMA, WA 10)0. .81314-234 ABITAT P•R H PBOX 007 YkKIMA, WA 9890•-s07 INDEX ANITYKA IMA\ 181314-32406 P 1314-3 '10 "81314-23464 HENRY J YAKE kRY J YAK kA B MORRIS 524 N 20TH AVE 5\24 N 0TH •VE 2904 FRUITVALE BLVD YAKIMA, WA 98902 YA$I, WA 98902 YAKIMA, WA 98902-1126 181314-23020 JACK FROST FRUIT CO INC PO BOX 1552 YAKIMA, WA 989071552 181314-23469 JERALD M & MILDRED C RINDAL 20095 ENGLISH RD MOUNT VERNON, WA 98274 181314-23467 JERRY D & BILLIE J HARRIS 3004 FRUITVALE BLVD APT 5 YAKIMA, WA 98902-1143 181314-32413 KENNETH T SCHMIDT 910 N 29TH AVE YAKIMA, WA 98902 341314-3 418 M RTEN FAMI 9 7 N OT' A UST Y•KI�", WA 8902 181315-14458 PATRICK & DIANE CAREY 3208 FRUITVALE BLVD YAKIMA, WA 98902 181314-32419 RICHARD C & CAROL S MORTENSEN 917 N 30TH AVE YAKIMA, WA 98902 181314-23425 TRISHA A & JASON K FRISK 2904 HATHAWAY AVE YAKIMA, WA 98902 181314-32412 VICTORINO GARIA & JUANA ZAMORA 909 N 30TH AVE YAKIMA, WA 98902 181314-23457 WILBERT A & CHRISTINE A WADE 611 N 48TH AVE YAKIMA, WA 98908 181314-32437 JEFF L EDWARDS 913 N 29TH AVE YAKIMA, WA 98902 81314-23419 ERRY o : BILLI 31004 /FRUIT VALE AK�A, WA 9 J ARRIS LVD PT 5 02-1143 181314-23410 JERALD M & MILDRED C RINDAL PO BOX 666 MOUNT VERNON, WA 98273-0666 1:1314-23421 J aRRY D & 3004 FR TVAL YA IM •, WA 98 LIE- J HAAS BLVD /APT 5 43 181314-32417 181314-23445 JESUS & ANGELA E GUARDIOLA GONZA JOHN E & LANA J RUSSELL PO BOX 375i 920 N 30TH AVE ELLENSBURG, WA 98926-0375 YAKIMA, WA 98902 181314-23409 LEE R ETAL RUSSELL 310 N 9TH ST SELAH, WA 98942 181314-23420 NAUL M ARELLANO 3004 WEST J STREET YAKIMA, WA 98902 181315-14459 PARICK & 1 ANE CA 32 8 FR 'ETVA E B +D YA M , WA 9:'i2 181314-32414 ROSALIA AYALA 912 N 29TH AVE YAKIMA, WA 98902 181314-23429 TROY A & SHAUNA RODMAN WHALEN 2907 HATHAWAY ST YAKIMA, WA 98902 181314-23453 LELAND C. HARRINGTON 919 N 29TH AVE YAKIMA, WA 98902-1001 1 1314-23422 N UL M AREL 0 30 4 WEST S 'EET YA IMA, 181314-23426 PHILIP KERR ENTERPRISES LLC 10502 ESTES RD YAKIMA, WA 98908 181314-32411 STANLEY E & NORMA TAYLOR I 907 N 30TH AVE YAKIMA, WA 98902 181314-23463 VICTOR L & VIVIAN MILL 6902 W NOB HILL BLVD YAKIMA, WA 98908-1925 181315-14410 181314-23456 WHISPERING PINES MHC LLC WILBERT A & CHRISTINE A WADE 450 NEWPORT CENTER DR #59 1001 N 29TH AVE NEWPORT BEACH, California 12660 YAKIMA, WA 9.1)00.'r�„ INDEX # E --/O 181314-32440 WILBUR C. & WANDA SUE JOHNSTON 2905 CASTLEVALE RD YAKIMA, WA 98902 7/8131 [ILL, MAE 4```494 SCEN YAKIMA, WA 98908 029 TNG D -SEPA AGENCIES LIST Army Corps P.O. Box C-3755 Seattle, WA 98124 Sheila Ross Cascade Natural Gas 701 S, 1" Ave Yakima, WA 98902 Chamber of Commerce 10N9th St. Yakima, WA 98901 Kathleen Holscher, City Mgr. City of Union Gap PO Box 3008 Union Gap, WA 98903 Les Ornelas Clean Air Authority 6 S. 2nd St., Room 1016 Yakima, WA 98901 Mr. John Daly Dept. of Agriculture 406 Gen. Adm Bldg. Mail Stop AX -41 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W. Yakima Ave. St. 200 ma, WA 98902 D - partment of Ecology, nviron Review Section PO Box 47703 Olympia, WA 98504-7703 Dept of Emergency Services 4220 E Martin Way Olympia, WA 98504 r. Ted Clusing Dept. of Fish & Wildlife 1701 So. 24" Ave. Yakima, WA 98902 Dept of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Mr. Paul Donahue Dept of Soo/Health Service Capital Programs Ofc. Bldg#2, MS OB.23B Olympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W. 44' Ave. St. 305 okane, WA 99204 Dept of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98 •1 Environmental Protection Agency 1200 6th Ave, MS 623 Seattle, WA 98101 FAA 2200 W Washington Yakima, WA 98903 Interagency Committee Outdoor Recreation P.O. Box 40917 Olympia, WA 98504-0917 Nob JFill Water Co 6111 Tieton Dr Yakima, WA 98908' Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Planning & Com Affairs Agency 9th & Columbia Bldg. MS GH -551 Olympia, WA 98504 Mr. Greg Griffith Div of Arebeol & klist Pres , Gcr ! PO Box 48343 QF Olympia, WA 98504 (VP1) ox 3aI6 WA State Attorney Gen. Office ` 120 S 3rd St #100 Yakima, WA 981111 Mr. Richard Smith Terrace Heights Sewer Dist 314 N 2nd St Yakima, WA 98901 Blake Davis Q- West 8 So. 2nd Ave. Ran 304 Yakima, WA 98902 Yakima Co. Commissioners Room 416 Courthouse Yakima, WA 98901 Yakima Co Health Art McKuen 104 North 1st St Yakima, WA 98901 Mr. Richard Anderwald Yakima Co Planning 128 N 2nd St. Yakima, WA 98901 Mr. Vern Redifer Yakima Co Pub. Works 128 N 2nd St Yakima, WA 98901 Yakima Greenway Foundation 111 So. 18th St. Yakima, WA 98901 Mr. Caroll Palmer Yakama Indian Nation PO Box 151 Toppenish, WA 98948 DOC. INDEX, .` SEPA AGENCIES LIST YMATS Planner YVCOG 6 S 2nd St. Suite 605 Yakima, WA 98901 Mr. Doug Mayo Wastewater Treatment Plant Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Wolferd Yallup, Chrm Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Perry Harvester Dept. of Fisheries 1701 So. 24th Ave. Yakima, Wa 98902 Mr. Scott Nicolai Yakama Indian Nation -Fisheries P.O. Box 151 Toppenish, WA 98948 akima School District Attn: Ben Soria 104 N. 4th Avenue Yakima, WA 98902 WV School District' Attn: Peter Ansignh 8902 Zier Road kima, WA 98908 Mr. Hiram Olney Yakama Indian Nation P.O. Box 151 Toppenish, WA 98948 c.E NAME & NUMBER: Mr. Bill Beckley Yakama Indian Nation Environmental Protection Prog. P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 WSDOT Aviation Division John Shambaugh 3704 172nd St. N.E. Suite K-12 Arlington, WA 98223 Mr. Marty Miller Office of Farmworker Housing 1400 Summitview #203 Yakima, WA 98902 Donna J. Bunten dritical Areas Coordinator D.O.E., Shorelands & Environ. Assistance Program P.O. Box 47600 Olympia, WA 98504-7600 Martin Humphries Yakima Valley Museum 2105 Tieton Dr. Yakima, WA 98902 Mr. Bob Clem, Manager Yakima Airport 2400 W. Washington Ave. Yakima, WA 98903 ALWAYS SEND TO APPLICANT DOC. INDEX DEPARTMENTO OMMUNITYAND ECONOMIC DEVE PMENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager ® www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) September 30, 2004 On September 3, 2004 the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an Environmental Checklist Application submitted by City of Yakima Office of Neighborhood Development Services. The applicant is proposing to subdivide 3.81 acres of (R-2) Two family Residentially zoned property into 20 lots ranging from 6,000 to 8,935 square feet in size plus a pocket park.. The subject property is located in the vicinity of 3000 and 3100 Hathaway Ave, Yakima, Washington. Parcel number: 181314-23438 thru 181314-23449 inclusive City File Number: UAZO EC#22-04 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Determination. This Determination may be appealed within 15 working days from: the date of this mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The filing fee of $505.00 must accompany the Appeal application. For further information or assistance, you may wish to contact Jeff Peters, Assistant Planner at (509)575-6163 at the City Planning Division. Doug Maples Planning & Code Administration Manager Notice of Decision Mailing Date: September 30, 2004 Enclosures: SEPA Determination of Nonsignificance, Site Plan, Vicinity Map & Mailing Map F DOC: INDEX Yakima CITY OF YAKIMA SEPA DETERMINATION OF NONSIGNIFICANCE September 30, 2004 Description of proposal: Preliminary Long Plat of 3.81 acres of (R-2) Two -Family residentially zoned property into 20 lots located in the vicinity of 3000 & 3100 Hathaway Ave. Proponent: City of Yakima Department of Office of Neighborhood Development Services. Location of proposal: Vicinity of 3000 & 3100 Hathaway Ave. Lead Agency: City of Yakima, EC #22-04 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030 (2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ❑ There is no comment period for this DNS CI This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. ❑ This DNS is issued under WAC 197-11-340 (2); the lead agency will not act on this proposal for 15 days from the date below. Comments must be submitted by: Responsible official: William R. Cook Position/Title: CED Director/SEPA Responsible Official Phone (509) 575-6113 Address: 129 N 2nd Street Yakima WA 98901 Date - 0 -- O LI Signature Cl You may appeal this determination to: 'oug Ma les, Building Codes & Planning Manager, at 129 N 2ntl Street, Yakima, WA 98901. no Tater than: October 21, 2004 by (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. U There is no agency appeal. DOC. rs4 INDEX # ��` akima Regional Clean Air Authority September 10, 2004 Six So. Second St., Suite 1016, Yakima, WA 98901 Phone: (509)834-2050, Fax: (509)834-2060 http://www.co.yakirna.wa.us/cleanair Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development City of Yakima 129 No 2nd St Yakima, WA 98901 RECEIV 'b SEP 1 4 2004 cPrL14iV611�a 1i11 IF81`1/14 0111! RE: UAZO PREL LONG PLAT #2-04 & UAZO EC #22-04 Notice of Application Concerning Property Located in the Vicinity of 3000 & 3100 Hathaway Ave, Yakima, WA Dear Mr. Maples: Our comment on Notice of Application UAZO PREL LONG PLAT #2-04 & UAZO EC #22-4 for property located in the vicinity of 3000 & 3100 Hathaway Ave, in Yakima, WA follows: If the project includes any work that would disturb soil stability, it is subject to the requirement to submit a dust control plan. A construction dust plan must be filed with, and approved by, YRCAA. The dust control plan needs to address demolition, site preparation, construction and landscaping phases, per §3.08A of YRCAA Regulations. Proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. The fee for a Master Construction Dust Control Plan is $215. Thank you for your continued support in helping the air quality in Yakima County. Les Orne as Air Pollution Control Officer cc: City of Yakima, O. N. D. S. - w/enc Cheryl Menard, Acting YRCAA Enforcement Officer enc Master Construction Dust Control Plan DOC' INDEX # F� /chasm/wpfiles/permitting/S E PA/City_of_Yakima/Maples_2_04_and_22_04_3000_and_3100_Hath away_Ave_1 O_Se pt_04 STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING SEPA NOTICE Re: 047-e 2..;2-0(71 t c, .L 041 S S.)60 (00 1/ocL. 1, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a SEPA Notice of Proposal and Request for Comments. A true and correct copy of which is enclosed herewith. That said notice was addressed to the applicant and all property owners of record within a 500 -foot radius of subject property, public and private agencies, all of which are individually listed on the mailing lists retained by the Planning Division, and that said notices were mailed by me on the 3 `- day of Ep-i-eni, 2004. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson Planning Specialist 81314-32029 ?81314- =029 ` X1`81314-320.9 'ILLAMAE KING 'TAM ° E ING '" T.LLAMA. K G 404 SCENIC DR 4 ) 'CEN.0 D )34 SCENIC DR 'AKIMA, WA 98908 Y'KI A, WA 908 YAKI , WA 9 .81314-23468 PILLIAM J RINDAL ?2128 BULSON RD 4OUNT VERNON, WA 98274 1 70 labels printed for map sheet longplt-2-04 1 � 41 �o� CON tis ' {-tux, f th c 'Q fid3 c s ei9A- 9 %/�y v Thomas Upton Surveying P.O. Box 2514 Yakima, WA 98907 Cindy Noble NFRD 5609 W. Arlington Ave 11 Yakima, WA. 98908 181314-24001 & I DEVELOPMENT LLC 2809 FRUITVALE BLVD YAKIMA, WA 98902 181314-23427 ABEL & MARIA ISABEL RAIGOZA 2903 HATHAWAY YAKIMA, WA 98902 r 181314-23406 BILLIE J & JERRY HARRIS 3004 FRUITVALE BLVD YAKIMA, WA 98902-1143 81314-24447 & I c ELOP 9 'RU TVA A, W EL 8902 181314-32415 AMELIA WINTER 312 N 30TH AVE YAKIMA, WA 98902 181314-23437 CC SIGNS LLC 1112 E NOB HILL BLVD YAKIMA, WA 98901 181314-234 = 181314- 39 CIEY OF •KIMA •FFICE OF EIGHB• CITY •F YA IMA HO IN DEVELOP NT S I -•- ING DEV YAK y', WA 98901 YAKIMA, WA 98901 OFF ' OF T SERVI EIGHBO 181314-32408 `AARON LEROY HILL 18 N 29TH AVE .4,KIMA, WA 98902 1314-32416 A ELIA INTER 3 2 N 30 H E YA A, • 98902 181314-23455 CHRISTINE A WADE 611 N 48TH AVE YAKIMA, WA 98908 181314-23440 OF YAKIMA OFFICE OF NEIG HOUS'NG DEVEL YAKI A 8901 •• • 18131 23441 1: 314-23442 181314-23443 CITY F YAKI = OFFICE 0 NEIG.e0 CI Y OF Y• MA c FICE OFA O CITYY KIMA OFFICE OF NEIG HOUSI DEV OPMENT SERV HOU` NG 4EVELOPM S_1rVI H ING DE LOP ERVI YAKIMA, 98901 YAKIMA, WA 98901 YAKIMA, WA 98901 181314-23444 CITY O: YAKIMA HOUSING DEVEL• YAKIMA, A •: 9 FICE 0F\NEIGHBO MENT SERVI 01 18 -23447 TY 0 YAKIMA 0 FI HOUSING 1 _ •PMENT S YAKIMA, WA 98901 181314-23449 OF NEIGHBO TY OF YAKOFFICE • RVI HO ING BELO'.' ► ERVI YAKIM , WA 98901 181314-23454 181314-32434 CURTISS G & BRENDA & ARLENE ZAHL DALE J & JOEY L PERRIGO 1402 QUEEN AVE 22816 58TH DR SE YAKIMA, WA 98902-5423 BOTHELL, WA 98021-8034 181314-32438 DANNY L & CATHY A FLOYD 2807 W CHESTNUT AVE YAKIMA, WA 98902-3725 181314-23432 DONALD ROBERT KLANG 1010 N 29TH AVE YAKIMA, WA 98902 181314-23430 GARY M BROETJE 2909 HATHAWAY ST YAKIMA, WA 98902-1024 18 14-23 52 DA NY L & .ATHY A FL 2807 CHES • T YAK A, WA 98902-3725 181314-32435 18 DEBRA L. DE WEESE D 909 N 29TH AVE 1 YAKIMA, WA 98902 YA 314-23431 NALD "'BERT KLANG TH AVE IMA, W' 98.42 181314-23459 ELMER L & DEBBIE L VANDERWOOD 2920 RIVER RD #3 YAKIMA, WA 98902 181314-23424 GAYLORD N. VANNATTAN 920 N 29TH AVE YAKIMA, WA 98902-1050 181315-41461 EPSTEIN HOLDINGS, LLC 8405 SE 53RD PL MERCER ISLAND, WA 98040 181314-32443 GLADYS E BYRE 906 N 29TH AV YAKIMA, WA 98 G. INDEX # 181314-32436 181314-23446 1:1314-23448 GONZ.ALO SANCHEZ HABITAT FOR HUMANITY YAKIMA VALL H•BIT!' FOR HU 'LAITY 911 N 29TH AVE PO BOX 9007 P• :•X •007 YAKIMA, WA 98902 YAKIMA, WA 98909-007 Y'• MA, _ '8909-007 181314-32406 HENRY J YAKE 524 N 20TH AVE YAKIMA, WA 98902 181314-23020 JACK FROST FRUIT CO INC PO BOX 1552 YAKIMA, WA 989071552 1 181314-23469 JERALD M & MILDRED C RINDAL 20095 ENGLISH RD MOUNT VERNON, WA 98274 181314-23467 JERRY D & BILLIE J HARRIS 3004 FRUITVALE BLVD APT 5 YAKIMA, WA 98902-1143 181314-32413 KENNETH T SCHMIDT 910 N 29TH AVE YAKIMA, WA 98902 6) tt 1314-32410 CRY YAKE ,N 28TH E Y A, W 98902 181314-32437 JEFF L EDWARDS 913 N 29TH AVE YAKIMA, WA 98902 7 1314-23419 RRY BILLI 3 04 ' RUI I VALE Y•KI •, W 98.8 8 J RRIS LVD T 5 -1143 1.81314-23464 TA B MORRIS )04 FRUITVALE BLVD YAKIMA, WA 98902-1126 181314-23410 JERALD M & MILDRED C RINDAL PO BOX 666 MOUNT VERNON, WA 98273-0666 J 30 YAK 1314-23421 RY D & B "LIE J HARRIS FRUIT LE BL D APT 98902-1 181314-32417 1"81314-23445 JESUS & ANGELA E GUARDIOLA GONZA JOHN E & LANA J RUSSELL PO BOX 375 920 N 30TH AVE ELLENSBURG, WA 98926-0375 I YAKIMA, WA 98902 181314-23409 LEE R ETAL RUSSELL 310 N 9TH ST SELAH, WA 98942 181314-23453 LELAND C. HARRINGTON 919 N 29TH AVE YAKIMA, WA 98902-1001 11314- :2e18 181314-23420 181314-234 RTE � EN FAM 'Y 'RUST NAUL M ARELLANO tUL M A 91 30TH 3004 WEST J STREET 04 WE YAK MA, WA 98902 YAKIMA, WA 98902 KIMPt WA 9 181315-14458 PATRICK & DIANE CAREY 3208 FRUITVALE BLVD YAKIMA, WA 98902 181314-32419 RICHARD C & CAROL S MORTENSEN 917 N 30TH AVE YAKIMA, WA 98902 181314-23425 TRISHA A & JASON K FRISK 2904 HATHAWAY AVE YAKIMA, WA 98902 1315-1445 PATRICK •I ^.NE CA 3 08 F TVAL. +D YA I A, WA 98902 181314-32414 ROSALIA AYALA 912 N 29TH AVE YAKIMA, WA 98902 181314-23429 TROY A & SHAUNA RODMAN WHALEN 2907 HATHAWAY ST YAKIMA, WA 98902 181314-23426 PHILIP KERR ENTERPRISES LLC 10502 ESTES RD YAKIMA, WA 98908 181314-32411 STANLEY E & NORMA TAYLOR 907 N 30TH AVE YAKIMA, WA 98902 181314-23463 VICTOR L & VIVIAN MILL 6902 W NOB HILL BLVD YAKIMA, WA 98908-1925 181314-32412 181315-14410 181314-23456 VICTORINO GARIA & JUANA ZAMORA WHISPERING PINES MHC LLC WILBERT A & CHRISTINE A WADI 909 N 30TH AVE 450 NEWPORT CENTER DR #59 1001 N 29TH AVE YAKIMA, WA 98902 NEWPORT BEACH, California 12660 YAKIMA, WA 98902. DOC, INDEX 181314-23457 181314-32440 81314 202 b- ' '"`'`< WILBERT A & CHRISTINE A WADE WILBUR C. & WANDA SUE JOHNSTON ILL• A KING 611 N 48TH AVE 2905 CASTLEVALE RD 4 0• SC '.IC YAKIMA, WA 98908 YAKIMA, WA 98902 YA MA, W 98908 -SEPA AGENCIES LIST Army Corps P.O. Box C-3755 Seattle, WA 98124 Sheila Ross Cascade Natural Gas 701 S, 1sT Ave Yakima, WA 98902 Chamber of Commerce lO N 9th St. Yakima, WA 98901 Kathleen Holscher, City Mgr. City of Union Gap PO Box 3008 Union Gap, WA 98903 Les Ornelas Clean Air Authority 6 S. 2nd St., Room 1016 Yakima, WA 98901 Mr. John Daly Dept. of Agriculture 406 Gen. Adm Bldg. Mail Stop AX -41 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W. Yakima Ave. St. 200 aakima, WA 98902 D partment of Ecology, nviron Review Section PO Box 47703 Olympia, WA 98504-7703 Dept of Emergency Services 4220 E Martin Way Olympia, WA 98504 Mr. Ted Clusing Dept. of Fish & Wildlife 1701 So. 24Th Ave. Yakima, WA 98902 E NAME & NUMBER: Dept of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Mr. Paul Donahue 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 okane, WA 99204 Dept of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 9890 Environmental Protection Agency 1200 6th Ave, MS 623 Seattle, WA 98101 FAA 2200 W Washington Yakima, WA 98903 Interagency Committee Outdodr Recreation P.O. Box 40917 Olympia, WA 98504-0917 Nob Hill Water Co 6111 Tieton Dr Yakima, WA 98908 , Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Planning & Com Affairs Agency 9th & Columbia Bldg. MS GH -551 Olympia, WA 98504 / LA) plot #02-65/ a• l Mr. Greg Griffith Div of Archeol & Hist Pres PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 120 S 3rd St #100 Yakima, WA 98101 Mr. Richard Smith Terrace Heights Sewer Dist 314 N 2nd St Yakima, WA 98901 Blake Davis Q- West 8 So. 2nd Ave. Rm 304 Yakima, WA 98902 Yakima Co. Commissioners Room 416 Courthouse Yakima, WA 98901 /Yakima Co Health Art McKuen 104 North 1st St \ Yakima, WA 98901 Mr. Richard Anderwald Yakima Co Planning 128 N 2nd St. Yakima, WA 98901 Mr. Vern Redifer Yakima Co Pub. Works 128 N 2nd St Yakima, WA 98901 Yakima Greenway Foundation 111 So. 18Th St. Yakima, WA 98901 Mr. Caroll Palmer Yakama Indian Nation PO Box 151 Toppenish, WA 98948 DOC. INDEX 3 SEPA AGENCIES LIST YMATS Planner YVCOG 6 S 2nd St. Suite 605 Yakima, WA 98901 Mr. Doug Mayo Wastewater Treatment Plant Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Wolferd Yallup, Chrm Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Perry Harvester Dept. of Fisheries 1701 So. 24th Ave. Yakima, Wa 98902 Mr. Scott Nicolai Yakama Indian Nation -Fisheries P.O. Box 151 Toppenish, WA 98948 akima School District Attn: Ben Soria 104 N. 4th Avenue Yakima, WA 98902 WV School District Attn: Peter Ansignh 8902 Zier Road kima, WA 98908 Mr. Hiram Olney Yakama Indian Nation P.O. Box 151 Toppenish, WA 98948 E NAME & NUMBER: Mr. Bill Beckley Yakama Indian Nation Environmental Protection Prog. P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S,W. Renton, WA 98055-4056 WSDOT Aviation Division John Shambaugh 3704 172nd St. N.E. Suite K-12 Arlington, WA 98223 Mr. Marty Miller Office of Farmworker Housing 1400 Summitview #203 Yakima, WA 98902 Donna J. Bunten Critical Areas Coordinator D.O.E., Shorelands & Environ. Assistance Program P.O. Box 47600 Olympia, WA 98504-7600 Martin Humphries Yakima Valley Museum 2105 Tieton Dr. Yakima, WA 98902 Mr. Bob Clem, Manager Yakima Airport 2400 W. Washington Ave. Yakima, WA 98903 ALWAYS SEND TO APPLICANT DEPARTMENT t% )(IMMUNITY AND ECONOMIC DEV& 'MRNT Planning Division Doug Maples, C130, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakirna, Washington 98901 Phone (509) 575-6183 • Far (509) 575-6105 NOTICE OF APPLICATION AND HEARING DATE: September 3, 2004 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUB3ECT: Notice of Application concerning property located in the vicinity of 3000 & 3100 Hathaway Ave. Yakima. WA UAZO P1 EL LONG PLAT #2-04 & UAZO EC #22- 04. NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received two related land use applications from the City of Yakima's Office of Neighborhood Development Services. The first application requests the subdivision of approximately 181 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6,000 to 8,935 square feet in size plus a pocket park. The final application involves an Environmental Review, a state requirement for any property being considered for the Long Subdivision process. l"OTICE OF EN'VIRONI#IENTAL IIE'VIEW • 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: The City of Yakima is presently inclined towards the issuance of a Determination of Non Significance (DNS) on this project. RE UEST FOR N OMME Your views on the proposal are welcome. All written comments received by September 23, 2004 will be considered prior to issuing the final recommendation on this application. Please snail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicants name in your correspondence. NOTICE OF PUBLIC HEARING This rezone request requires that the hearing examiner hold a public hearing. This public hearing has been scheduled for October 28, 2004, 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 T DOC. INDEX Yakir } is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 Nord. 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Jeff Peters, Assistant Planner at (509) 575-6163 or e- mail at jpeters@ci.yakima.wa.us. other Permits 1teiluired: City building permits Encl.: Narrative, Environmental Checklist, Site Plan, Vicinity Map and Mailing Map DOC.' INDEX # - . % " \t' REQUIRED ATTACHMENT: ENVIRONMENTAL CHECKLIST r. STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM RCW 197-11-960) AUG 1 2 2004 sir lr .4hre4 AK lllf CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) CITY OF Yf lA J<s,!Y; c«Y•>>0 ..;• :...>:ur rq...s- „r 11 r:),a,ar....0sY x ... •," sf'a \ 4'' 2--,''''''t4:k..•'.. :iKV\\a 4V \Wk\,\. The State Environmental Policy Act (SEPA), chapter 43.21C 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. ,.y..,y. t .zui# .�` f. �' Sa .:e� nz $- 4, ��.. <-- M ':fix •t •?E> � .Y� A `., \\ `x. ... � x •� . �...s ,. � . "' , '� •.<;., ,.�..��• 1'V��,z-� � �^ �3�o� �.x�"� ��.�\\'�: C �a :�,x�\�5 ��\����\��:;A'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 descrip- tion 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 environmen- tal 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. �� blfE £� �,yt b EYs ReC`i�\��'�.�%, ' \' \ "X�\""L�;, \ z4:x��M^ Complete DITION, site" : this checklist for nonproject proposals, even though questions may be answered "does not apply." IN AD- complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or should be read as "proposal," "proposer," and "affected geographic area," respectively. ..,. .,.- ...; ,.v..;. �P ...: r ,,J, f R R .. ,0 x vi?.ersa v 1. NAME OF PROPOSED PROJECT (if applicable) Marvin Gardens 2. APPLICANT'S NAME &PHONE # City of Yakima O.N,D.S. (509) 575-6101 3. APPLICANT'S ADDRESS 112 South 8th Street, Yakima, WA 98901 4. CONTACT PERSON & PHONE # Marvin Miller (509 ) 575-6101 5. AGENCY REQUESTING CHECKLIST City of Yakima 6. DATE THE CHECKLIST WAS PREPARED 7/30/04 D0 7. PROPOSED TIMING OR SCHEDULE (Including phasing, if applicable' INDEX Preliminary Approvals Soon as Possible, Construction 2005 t P PVICPA 1 (LQR nacre. 1 of 1(1 5 BACKGROUND QUESTIONS (Attach if Lengthy) RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING OIV. 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None 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. Application for Street Vacation was submitted 7-7-04 As "R/W Vacation 2-04", Presently Scheduled for Hearing 8-26-04. 4. List any government approvals or permits that will be needed for your proposal, if known. This action, final plat approved, ultimately individual building 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. Residential Subdivision consisting of 20 (twenty) single family lots. 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonable available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plan— submitted with any permit applications related to this checklist. Both sides of Hathaway Avenue lying between 30th and 32nd Ave. 7. Taxation Parcel Number(s): 181413-23438 Through 23449 B. ENVIRONMENTAL ELEMENTS (Attach additional sheets if necessary) 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other.. Flat b. What is the steepest slope on the site (approximate percent slope)? Less than one percent west to east DOC. INDEX 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. Ashue Loam. Thin layer of fine sandy loam over very gravelly to extremely gravelly loam. Well drained to excessively drained. Moderately dusty. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None observed e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. f. g. Site grading will be limited to shallow cuts/fills as necessary to provide adequate grade for surface water management. All fill material exclusive of construction materials to be generated on-site, if possible. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Extremely flat terrain and proper construction techniques should eliminate erosion potential. Portions of site not essential to construction will be left undisturbed. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 12 (twelve) percent roadways and sidewalks; 28 (twenty- eight) percent homes and driveways. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: No special measures considered necessary. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Short term; minimal and controllable dust from construction activities. Long term; emissions primarily from automobiles, and normal residential activities. RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV. b. Are there any off-site sources of emissions or odor that my affect your proposal? If so, generally describe No conflicts anticipated. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Dust control watering during construction phase. 3. WATER a. Surface: Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, and wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. None. 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. No. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. 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 -yr 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 RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # G b. Ground: 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. Surface water runoff, addressed below. c. Water runoff (including storm water): 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. Surface water runoff will be retained on-site by drainage swales. Catch basins and dry wells will be utilized if determined necessary during design phase. 2. Could waste materials enter ground or surface waters? If so, generally describe. Surface drainage facilities will be designed to prevent this. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Flat terrain requires no special measures. 4. PLANTS a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X grass pasture crop or gram wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV. other types of vegetation b. What kind and amount of vegetation will be removed or altered? Existing vegetation normal to vacant properties will be removed. c. List threatened or endangered species known to be on or near the site. None observed d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Normal and customary residential landscaping typical of surrounding area. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site: None observed c. Is the site part of a migration route? If so, explain. Not known d. Proposed measures to preserve or enhance wildlife if any: None considered necessary 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. It is assumed primary energy source will be electrical; also other types such natural gas, and oil. 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? RECEIVED AUG 1 2 2004 CITY OF YFiie:,:r PLANNING DIV. DOC. INDEX # E✓' Current and Competitive building markets encourage energy efficiency. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. No 1) Describe special emergency services that might be required. No special emergency services required. 2) Proposed measures to reduce or control environmental health hazards, if any: No special measures considered necessary. b. Noise 1 What types of noise exist in the area, which may affect your project (for example• traffic, equipment, operation, other)? Normal and Typical residential sounds should have no negative effect. 2. What types and levels of noise would be created by or associated with the project on a short-teiur or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term; infrastructure and building construction. Long term; noise levels typical of normal residential neighborhoods. 3. Proposed measures to reduce or control noise impacts, if any: Present day construction materials and building codes are expected to be adequate. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Current use of subject property is vacant. Adjacent properties are almost exclusively residential. b. Has the site been used for agriculture? If so, describe Not applicable c. Describe any structures on the site. One existing abandoned residence, which will be removed. RECEIVED AUG 1 2 2004 CITY OF YAKINI PLANNING DIV DOC. INDEX # C-- d. Will any structures be demolished? If so, what? Same as above. e. What is the current zoning classification of the site? R-2 f. What is the current comprehensive plan designation of the site? Residential g. If applicable, what is the current shoreline master program designation of the site? Not applicable h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No 1. Approximately how many people would reside or work in the completed project? Twenty living units Approximately how many people would the completed project serve? None Proposed measures to avoid or reduce displacement impacts, if any? Not applicable J• k. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Subdivision is to be designed to provide affordable yet attractive living units which will compliment adjacent parcels and uses. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? Twenty, Lower- middle income level housing living units. 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: RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING AIV. DOC. INDEX �s=; # E: Not applicable 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Height of proposed residences is not known at this time, however it is anticipated no building higher than 2 story. b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any. Entire project has been designed, including the placement of structures, to improve neighborhood aesthetics. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Roof tops and windows during daylight hours; home lighting and street illumination at night. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not considered significant. 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: Low wattage street lights on 16' poles are proposed. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Pocket Park of approximately 8300 Sqft is proposed on site. 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: RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # G-( None 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Same as above 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. Property fronts on Hathaway Ave. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yakima Transits routes presently along Fruitvale Blvd and Castlevale Rd. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable 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). Hathaway Ave within subdivision will be fully improved. 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.) Approximately two hundred vehicle trips per day, with twenty percent occurring during normal morning and evening commuting hours. RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV. g. Proposed measures to reduce or control transportation impacts, if any: None 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, school, other)? If so, generally describe. Yes; Families living in this subdivision will have a normal and proportional need for existing public and well as private services. b. Proposed measures to reduce or control direct impacts on public services, if any The same facilities described above will contribute to these and future services through permit fees and property taxes. Domestic water service will be extended to site from vicinity Fruitvale Blvd and 29th Ave. 16. UTILITIES a. Circle utilities currently available at the site. electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, refuse service, telephone and sanitary sewer. 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. Water, sewer and refuse collection: City of Yakima Telephone: Qwest Communications Power: Pacific Power Gas: Cascade Gas Company C. SIGNATURE IVED /1UG 2004 CITY OF YAKIM PLANNING DIV. I certify under penalty of perjury that all information in this checklist and all attachments are known to me to be true and correct to the best of my knowledge. PROPONENT OR PERSO COMPLETING FORM DOC. INDEX CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES Exhibit List CHAPTER F APPLICATION EXHIBIT # DOCUMENT DATE F-1 Preliminary Long Plat Land Use Application 8/12/04 k....11 I Jr IEuulvii : rick/MI/MU R7� /f,'_ � `''+, LAND USEAPPLICATION � AUG 1 2 2004 U £ ' t DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMt OF YAKI A ,, 129 NORTH SECOND STREET, 2ND FLOOR '+ ti� PLANNING DIS. PRAD 4a8: '`./YAKIMA, WASHINGTON 98901 .„ vs a -:1�:-' VOICE: (509) 575-6183 FAX: (509) 575 -6105 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. 1. APPLICANT NAME , • ruin Miller 2. APPLICANT ADDRESS AND PHONE NUMBER STREET 112-!South 8th Street CITY STATE WA ZIP 98901 PHONE ( 5 0 9 575-61 01 MESSAGE ( ) 3. APPLICANT'S INIEREST IN PROPERTY CHECK 0 OWNER 0 OWNER REPRESENTATIVE ONE Esj CONTRACT PURCHASER 0 OTHER 4. PROPERTY OWNER (IF OTHER THAN APPLICANT) NAME Please See Attached 5. PROPERTY OWNER'S ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STREET CITY STATE ZIP PHONE ( ) MESSAGE ( ) 6. ASSESSOR'S PARCEL NUMBER 3-23438 (S) FOR SUBJECT PROPERTY: Through 23449iIncl. PROPERTY: R-2 Two Family Residential La jad4 7. EXISTING ZONING OF SUBJECT 8. ADDRESS OF SUBJECT PROPERTY: 3000 and 3100 Block, Hathaway, Yakima, WA 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) Ea Environmental 0 Modification Checklist (SEPA) to Approved Class (2) Structure/Use ■ Class (2) Use IN Right-of-Way Vacation • Class (3) Use & (3) Uses 1 Short Plat Exemption • Rezone ■ Appeal ■ Shoreline ❑ Variance ■ Nonconforming ■ Utility Easement RdI"ease Exam' ; r • Home Occupation El Preliminary Subdivision ■ Interpretation by Hearing ■ Administrative Adjustment ■ Short Plat ■ Other 10. SEE ATTACHED SHEETS v 3 � ' .. S g Y J` ' ``�^ F" Ja . nV< s 'Fz yD } �,' �' 6 >J/ >>' �, ,yk�, 11. I certify that the information on this application and the required attachments are true and correct to the best of n_yioedge. SI NATURE DATE i Revised 9-98 FOR ADMINISTRATIVE USE ONLY FILE NO. DATE FEE PA D l _ ll It-0 RECEIVED BY -. AMOUNT 5-03.00 RECEIPT NO. HEARING DATE 1GZot-1�+510e Ped C -�-P /3 00 fi .2 n.L..) • ) APPLICATION FOR: PRELIMINARY SUBDIVISON CITY OF YAKIMA SUBDIVISON ORDINANCE RECEIVED AUG 1 2 2004 CITY OF YAKIMIA 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 pity of Yakima, O.N.D.S. 112 South 8th Street Yakima, WA 98901 Name and address Habitat fon Humanity Yakima Valley Partners 2500 S 26th Ave, Yakima - 2. SURVEYOR AND ADDRESS Thomas F. Upton Surveying P.O. Box 2514, Yakima, WA 98907 3. MAIN CONTACT (Person who should receive correspondence and be availalbe to answer questions) Marvin Miller (509) 575- 6101 4. GENERAL LOCATION OF PROPERTY (Address if available) Hathaway Ave (between 30th Ave and 32nd Ave) 3106 Hathaway Ave. 5. NAME OF S.UBDIVISON Marvin Gardens 6. PROPOSED NUMBER OF LOTS/RANGE OF LOT SIGNS 20 lots plus pocket park 7. SITE FEATURES A) General description of the site (Check all that apply) Ll Flat p gental slopes 0 steep slopes B) Are there any indications of hazards associated with unstable soils such as slides or slipping in the area? 0 YES Fl 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)? 0 YES ID NO 8. UTILITIES AND SERVICES A) Indicate the source of domestic water and sewage disposal method: City of Yakima B) Check which of the following is available: 01 Electricity E7 Telephone 0 Cable TV 0 Natural Gas C) Is irrigation water available to the property? in YES 0 NO By whom: D) Distance to nearest fire hydrant• Corner of 32nd & Fruitvale E) Name of nearest street- 3 0 t h Ave F) Name of nearest school: Robertson Elementary Fruitvale Schanno - -600ft G) Method of handling surface water drainage- Onsite drainage swales and/ or pits I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review. I understand that condi- tions of approval such as dedication of right-of-way, easements, restrictions on the type of buildings that may be constructed, and access restrictions from public roads may be imposed as a part of preliminary plat approval and that failure to meet these conditions may result i denia of the final plat. Property Owner(s) Date Form No. 1068-2 ALTA Plain Language Commitment 8/9/2004 9:23 PAGE 002/010 Fax Server Commitment No.: 4433-397691 Page 1 of 9 RECEIVED First American Title Insurance Company 120 N Naches Ave, Yakima, WA 98901 (509) 248-7550 - FAX (509) 248-2319 ESCROW COMPANY INFORMATION: Escrow Officer: CONI ROGERS corogers@firstam.com First American Title Insurance Company 4001 Summitview, Ste 2-D, Yakima, WA 98908 Phone: (509) 248-7550 - Fax: (509) 966-3731 YAKIMA COUNTY TITLE UNIT FAX (509) 248-2319 Title Officer: Chris Gregory (509) 248-7550 To: Yakima Valley Partners, Habitat for Humanity File No.: 4433-397691 2500 S 26th Ave Your Ref No.: * Yakima, WA 98903 Attn: Michael Nixon AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV. Re: Property Address: 3106 Hathaway Avenue, Yakima, WA 98902 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. DOC. INDEX This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. 8/9/2004 9:23 PAGE 003/010 Fax Server } { Form No. 106&2 Commitment No.: 4433-397691 ALTA Plain Language Commitment Page 2 of 9 RECEIVED SCHEDULE A AUG 1 2 2004 1. Commitment Date: May 25, 2004 at 7:30 A.M. CITY OF YAKIMA PLANNING DIV. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX ALTA Eagle Standard Owners Policy 1992 $ 45,000.00 $ 358.00 $ 28.28 Proposed Insured: Yakima Valley Partners 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Edward 0. Piske and Ruth M. Piske, husband and wife 4. The land referred to in this Commitment is described as follows: Real property in the County of Yakima, State of Washington, described as follows: The West 115 feet of Tracts A and B of CASEY'S ADDITION, according to the official Plat thereof recorded in Volume "S" of Plats, Page 14. APN: 181314-23446 APN: 181314-23448 DOC. INDEX '' Form No. 1068-2 ALTA Plain Language Commitment 8/9/2004 9:23 .PAGE 004/010 Fax Server } } SCHEDULE B SECTION I REQUIREMENTS Commitment No.: 4433-397691 Page 3 of 9 RECEIVED The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. AUG 1 2 2004 CITY OF YAKIIVim PLANNING DW. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: DOC. INDEX # �J I 8/9/2004 9:23 PAGE 005/010 Fax Server Form No. 1068-2 Commitment No.: 4433-397691 ALTA Plain Language Commitment SCHEDULE B SECTION II EXCEPTIONS Pae lV ED AUG 1.2 2004 CITY OF YAKi`st.-. PLANNING Oita Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or polides are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. Delinquent General Taxes for year 2001 . Amount: $ 162.93 Penalty: $ 17.91 as to, plus interest 181314-23446 2. Delinquent General Taxes for year 2002 . Amount: $ 134.05 Penalty: $ 14.74 as to, plus interest 181314-23446 3. Delinquent General Taxes for year 2003 . Amount: $ 134.71 Penalty: $ 14.82 as to, plus interest 181314-23446 4. Delinquent General Taxes for year 2004 . Amount: $ 133.36 as to 181314-23446 5. Delinquent General Taxes for year 2001 . Amount: $ 1,049.54 Penalty: $ 115.44 as to, plus interest 181314-23448 6. Delinquent General Taxes for year 2002 . Amount: $ 955.77 Penalty: $ 105.13 as to, plus interest 181314-23448 7. Delinquent General Taxes for year 2003 . Amount: $ 960.51 Penalty: $ 105.66 as to, plus interest 181314-23448 8. Delinquent General Taxes for year 2004 . Amount: $ 929.53 as to 181314-23448 8/9/2004 9:23 PAGE 006/010 Fax Server Form No. 1068-2 Commitment No.: 4433-397691 ALTA Plain Language Commitment Page 5 of 9 9. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the Town of Yakima is at 1.78%. Levy/Area Code: 331 10. Delinquent Weed District assessment for year 2001 . Amount Due: $ 3.10 as to, plus interest 18131423446 11. Delinquent Weed District assessment for year 2002 . Amount Due: $ 3.10 as to, plus interest 181314-23446 12. Delinquent Weed District assessment for year 2003 . Amount Due: $ 3.10 as to, plus interest 181314-23446 13. Delinquent Weed District assessment for year 2004 . Amount Due: $ 3.10 as to, plus interest 181314-23446 14. Delinquent Weed District assessment for year 2001 . Amount Due: $ 3.10 as to, plus interest 181314-23448 15. Delinquent Weed District assessment for year 2002 . Amount Due: $ 3.10 as to, plus interest 181314-23448 16. Delinquent Weed District assessment for year 2003 . Amount Due: $ 3.10 as to, plus interest 18131423448 17. Delinquent Weed District assessment for year 2004 . Amount Due: $ 3.10 as to, plus interest 18131423448 18. Delinquent Drainage District No. 39 assessment for year 2003 . Amount Due: $ 13.48 as to, plus interest 181314-23446 RECEIVED AUG 1 2 2004 CITY OF YAKirbi,. PLANNING DIV 19. Delinquent Drainage District No. 39 assessment for year 2004 . Amount Due: $ 15.72 as to, plus interest DOC. 181314-23446 INDEX 20. Delinquent Drainage District No. 39 assessment for year 2003 . Amni int Ili io• ct 1 7 to 8/9/2004 9:23 - PAGE 007/010 Fax Server � f Form No. 1068-2 Commitment No.: 4433-397691 ALTA Plain Language Commitment Page 6RECE VED 21. Delinquent Drainage District No. 39 assessment for year 2004 . Amount Due: $ 15.72 as to, plus interest 181314-23448 AUG 1 2 2004 CITY OF YAiiu PLANNING DIV 22. Easement for electric transmission and distribution lines of one or more wires, and all necessary or desirable appurtenances, induding telephone and telegraph wires, towers, poles, props, guys and other supports; and related matters. Recorded: April 9, 1959 Recording Information: 1767377 Grantee: Pacific Power & Light Company Affects: lands of which real estate under search forms a part 23. Pendency of Yakima County Superior Court Case No. 77-2-014845, an action by the State of Washington, Department of Ecology vs. James J. Acquavella et al., for the purpose of securing a judgment adjudicating the relative rights of all persons diverting, withdrawing, or otherwise making use of surface waters of the Yakima River Drainage Basin. Note: The Policy(ies) to be issued includes as one of its printed standard exceptions to the coverage: 'Water rights or matters relating thereto'. The pending action involves such water rights and therefore, will not be setforth as a separate exception in the Policy. Form No. 1068-2 ALTA Plain Language Commitment 8/9/2004 9:23 IpORkti010 Fax Server AUG 1 2 2004 CITY UF Y �.,. f:: INFORMATIONAL NOTES Commitment No.: 4433-397591 Page 7 of 9 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Lots A and B, CASEY'S ADDITION APN: 18131423446 APN: 18131423448 Note: Said premises may be assessed annually by Drainage District No. 39 and Weed District. Note: Inquiry should be made relative to stock in and charges by Fruitvale Schanno Irrigation Company for water. Note: In the event this transaction fails to close and this Commitment is cancelled, a fee will be charged to comply with the State Insurance Code and filed Schedule of the Company. 8/9/2004 9:23 PAGE 009/010 Fax Server } Form No. 1068-2 Commitment No.: 4433-397691 ALTA Plain Language Commitment CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. RECEN 8®9 AUG 1 2 2004 CITY OF YAKIIVIA PLANNING DIV 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any Toss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section I or eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. 8/9/2004 9:23 PAGE 010/010 Fax Server E 1 Form No. 1068-2 Commitment No.: 4433-397691 ALTA Plain Language Commitment Page 9 of 9 First American Title Insurance Company 120 N Naches Ave, Yakima, WA 98901 (509) 248-7550 - FAX (509) 248-2319 RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV. PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how -we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless cf its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested cf us; or (2) as permitted by law. We may, however, store such information indefinitely, induding the period after which any customer relationship has eased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other finandal institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fall Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved Amei an Land Title Association Commitment -1966 COMMITMENT FOR TITLE. INSURANCE ISSUED BY Sanctity of Contract® STEWART TITLE® GUARANTY COMPANY RECEIVED AUG 1 2 2004 CITY OF YAKItv:,-, PLANNING DIV STEWART TITLE GUARANTY COMPANY, A Texas Corpa tion, herein called the Company, for a valuable consideration, hereby commits to issue its policy orolicies oftitle insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, asp: ner or a.c ,tgagee of the estate or interest covered hereby in the land described or referred_ to in Schedule Aide Bothe remiums and charges therefor; all subject ;?' '. L3S1`-.+7,7 Ai>r +3_ 'z'Asa:-n' kr;``y,,`, ° "r..�5'ti�.xzoh%J \ g to the provisions of Schedules A and B and tori Co ditiZ lls art Stipu Stipulations hereo T;i3gag ii This Commitment shall be effective onewhefi the identity of stir pro osed Insured ;1era `d the amount of the policy or policies committed foti have been inserted i fSe ecla eof by�-thew-Company; either at the time of the issuance of this Commitment or by subsequentlen This Commitment is preliminary to the issuanc of such poi or policies of title insurance and all liability and obligations hereunder shalt cease and fe'i'i r5inatesix months af(e�t" heeffective date hereof or when the policy or policies committed for shall issue;t1whichever first'f ccurs, provided tha tthe failure to issue such policy or policies is not the fault of the Company. f= x Signed under seal forhe Company, but this Co_mmitmentshall not be valid or binding until it bears an autho- rized Countersignature. ,s :malin4 r t t, s � s ; -2 IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. 8 771 Lit STEWART TITLE® GUARANTY COMPANY =`x�cr�JC�1 Authorized Signat4ry ..___ _ d VALLEY TITLE GUARANTEE Company Yakima, Washington City, State DOC. ,. INDEX 005 - UN.- Rau -3/78. Eg? VALLEY 7-l7-LW.E ,GUAR APJT EE COMMITMENT FOR TITLE INSURANCE SCHEDULE A Prepared for: VALLEY TITLE GUARANTEE 502 NORTH 2ND STREET YAKIMA, WA 98901 Attn: VICKI WOODWARD 1. Effective Date: August 5, 2003 at 8:00 A.M. 2. Policy or Policies to be issued: Subdividers Rate A. ALTA Owner's Policy [ x ] Standard [ ] Extended Proposed insured: 502 NORTH SECOND STREET POST OFFICE BOX 1825 YAKIMA, WASHINGTON 98907 PHONE (509) 2 , CEI FAX (509) 575.1179 AUG 1 2 2004 GI FY OF YAKIMA PLANNING DIV. Title Examiner: ZEB LILJA Order No: X-182479 Your: - KLOSTER/CITY OF YAKIMA Escrow Officer: VICKI WOODWARD Escrow No: 40763VW Amount: Premium: Tax: Total: CITY OF YAKIMA, OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES B. ALTA Loan Policy [ ]Standard [ ] Extended Proposed insured: Amount: Premium: Tax: Total: $146,000.00 $360.00 28.44 $388.44 N/A N/A 3. The estate or interest in the land which is covered by the Commitment is: FEE SIMPLE ESTATE 4. Title to the estate or interest in the land is at the effective date hereof vested in: WILLIAM A. KLOSTER AND MARY KLOSTER, HUSBAND AND WIFE 5. The land referred to in this Commitment is in the State of Washington, County of Yakima described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO. and is DOC. INDEX ALTA COMMITMENT Order No. X - SCHEDULE B dtt I. The following are the requirements to be complied with: IVE®' AUG 1 2 2004 o r Y OF YAKIMA PLANNING DIV. A. Instruments necessary to create the estate or interest to be insured, must be properly executed, delivered, and duly filed for recorded. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the policy or policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters, unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act riot shown by the public records. 5. Rights of use, control or regulation by the United States of America, in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any water which may cover the land. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, or construction charges for sewer, water, electricity, or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or Aboriginal rights, including, but not limited to, easements of equitable servitude. SPECIAL EXCEPTIONS: 1. The lien of the excise tax, if unpaid. 2. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No.181314-23438 Levy Code: 331 Affects: Lot 1 3. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No. 181314-23439 Levy Code: 331 Affects: Lot 2 4. General taxes for the year 2003, in amount of leaving an unpaid balance of $60.63, which does Parcel No. 181314-23440 Levy Code: 331 Affects: Lot 3 $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. $121.25, of which the first half has been paid, not become delinquent until November 1, 2003. DOC. INDEX ALTA COMMITMENT RECEIVED AUG 1 2 2004 CITY OF YAKIMA Order No. X-182479 PLANNING DIV. 5. General taxes for the year 2003, in amount of $121.25, of which the first half has been paid, leaving an unpaid balance of $60.63, which does not become delinquent until November 1, 2003. Parcel No. 181314-23441 Levy Code: 331 Affects: Lot 4 6. General taxes for the year 2003, in amount of $121.25, of which the first half has been paid, leaving an unpaid balance of $60.63, which does not become delinquent until November 1, 2003. Parcel No. 181314-23442 Levy Code: 331 Affects: Lot 5 7. General taxes for the year 2003, in amount of $121.25, of which the first half has been paid, leaving an unpaid balance of $60.63, which does not become delinquent until November 1, 2003. Parcel No. 181314-23443 Levy Code: 331 Affects: Lot 6 8. General taxes for the year 2003, in amount of $121.25, of which the first half has been paid, leaving an unpaid balance of $60.63, which does not become delinquent until November 1, 2003. Parcel No. 181314-23444 Levy Code: 331 Affects: Lot 7 9. General taxes for the year 2003, in amount of $168.39, of which the first half has been paid, leaving an unpaid balance of $84.20, which does not become delinquent until November 1, 2003. Parcel No. 181314-23447 Levy Code: 331 Affects: Tract A 10. General taxes for the year 2003, in amount of $168.39, of which the first half has been paid, leaving an unpaid balance of $84.20, which does not become delinquent until November 1, 2003. Parcel No. 181314-23449 Levy Code: 331 Affects: Tract B 11. Charges, if any, due the Fruitvale Schanno Irrigation Company for water supplied. Inquiry should be made at the office of said company relative to the rights and obligations of its stock. 12. First option to purchase a portion of said Tracts A and B, and the terms and conditions, in favor of Edward O. Piske and Ruth M. Piske, husband and wife, as set forth in Land Contract recorded February 27, 1970, under Auditor's File No. 2214524. 13. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument Recorded: August 2, 1932 Auditor's File No: 608540 • For: Underground covered drain to convey waste and irrigation water In favor of: Adjoiners Affects: Not specifically located 14. Easement or right-of-way for electric transmission and distribution line disclosed by instrument Recorded: April 9, 1959 Auditor's File No: 1767377 Grantee: Pacific Power & Light Company, a corporation 15. Easement delineated on the plat of said addition, For: Public utilities Affects: The North 8 feet of Lots 1, 2, 3 and 4 and Tract A DOC, INDEX # �= ALTA COMMITMENT RECEIVE[ AUG 1 2 2004 CITY OF YAKI I PLANNING DIV Order No. X-182479 16. Easement delineated on the plat of said addition, For: Public utilities Affects: The South 8 feet of Lots 5, 6 and 7 and Tract B 17. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington, Department of Ecology, Plaintiff vs. (numerous named defendants), notice of which is given by Lis Pendens recorded under Yakima County Auditor's File No. 2479271, being an action for the determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of Washington. (Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant Attorney General) NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $8.74, which has been paid. Affects: Lot 1 NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Lot 1 NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $8.38, which has been paid. Affects: Lot 2 NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Lot 2 NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $8.38, which has been paid. Affects: Lot 3 NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Lot 3 NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $8.38, which has been paid. Affects: Lot 4 NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Lot 4 NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $8.38, which has been paid. Affects: Lot 5 NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Lot 5 DOC. INDEX RECEIVED AUG 1 2 2004 ALTA COMMITMENT Order No. X-182479 CITY OF YAKifina, PLANNING DIV NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $8.38, which has been paid. Affects: Lot 6 NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Lot 6 NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $8.38, which has been paid. Affects: Lot 7 NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Lot 7 NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $25.50, which has been paid. Affects: Tract A NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Tract A NOTE: Drainage District No. 39 assessment for the year 2003 in the amount of $19.66, which has been paid. Affects: Tract B NOTE: Weed District No. 2 assessment for the year 2003 in the amount of $3.10, which has been paid. Affects: Tract B Abbreviated Legal: Ptn of Lots 1, 2, 3, 4, 5, 6 and 7 and Tracts Aand B, CASEY'S ADDITION, "S"-14 END OF SCHEDULE B NOTE: The legal description contained herein has been derived from information submitted with the application and as available from the record title. Said description should be carefully reviewed to assure it meets the intentions of the parties to this transaction. NOTE: In the event this transaction fails to close, a cancellation fee will be charged to comply with our Rate Schedule filed with the State Insurance Commissioner. THANK YOU FOR YOUR ORDER. IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE FEEL FREE TO GIVE US A CALL AT (509) 248-4442. Doc, INDEX ALTA COMMITMENT EXHIBIT "A" RE :1c 1) AUG 1 2 2004 Order No: X-182479 CITY OF I''Axi.I i,, PLANNING OW Lots 1, 2, 3, 4, 5, 6 and 7 and Tracts A and B, CASEY'S ADDITION, recorded in Volume "S" of Plats, Page 14, records of Yakima County, Washington, EXCEPT the West 115 feet of Tracts A and B thereof. END OF EXHIBIT "A" DOC. INDEX This sketch is for your aid in locating your land with reference to streets and other parcels. While it is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon. Section 14 Township 13 Range 18 E.W.M. REUb :i � s. City of Yakima Assessor's Tax Parcel No.: 181314 - AUG 1 2004 23438,23439,23440,23441,23442,23443,23444,23447, 8 23449 Yakima County, Washington Office File No.: X- 182479 CITY OF YAKlfti PLANNING DR(. Privacy Policy Notice PURPOSE OF THIS NOTICE RECEIVED AUG 1 2 2004 CITY OF YAKIMA PLANNING DIV Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In Compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Valley Title Guarantee and its underwriters Pacific Northwest Title and Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fiilfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. CITY OF YAKIMA OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES Exhibit List CHAPTER G NOTICES EXHIBIT # DOCUMENT DATE G-1 Determination of Application Completeness 8/30/04 G-2 Notice of Application and Public Hearing & Request for Comments 9/3/04 G-3 Adjoining property owners within 500' notified 9/3/04 G-4 SEPA Agencies notified 9/3/04 G-5 Affidavit of Mailing 9/3/04 G-6 Notice of Re -Schedule of Public Hearing 10/26/04 G-7 Adjoining property owners within 500' notified 10/26/04 G-8 SEPA Agencies notified 10/26/04 G-9 Affidavit of Mailing 10/26/04 G-10 Posting of Property Certification 9/22/04 G-11 Legal Notice 10/27/04 G-12 Hearing Examiner Agenda 11/15/04 G-13 Hearing Examiner Sign -In Sheet 11/15/04 G-14 Notification of Hearing Examiner's Recommendation to the Yakima City Council 12/2/04 G-15 Parties of Record Notified 12/2/04 G-16 Affidavit of Mailing 12/2/04 G-17 Agenda Statement for City Council to set date on 1/4/05 for closed record public hearing on 1/18/05 1/4/05 G-18 Agenda Statement for Closed Record Public Hearing before the Yakima City Council 1-18-05 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of January 18, 2004 ITEM TITLE: Closed Record Public Hearing concerning the Preliminary Plat of Marvin Gardens, submitted by Marvin Miller, City of Yakima Office of Neighborhood Development Services. SUBMITTED BY: William R Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner, 575-6163 SUMMARY EXPLANATION: The plat of Marvin Gardens is a 20 -lot preliminary subdivision of approximately 3.81 acres of R-2 zoned property, which is currently sparsely developed. This property is located in the vicinity of 3000 — 3100 Hathaway Ave. As submitted this application complies with the requirements of the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, Development Standards Ordinance and Traffic Concurrency Ordinance. On October 28, 2004 the Hearing Examiner conducted an open record public hearing to consider this application. On November 30, 2004 the Hearing Examiner issued his written recommendation for approval of this application subject to conditions. Resolution Ordinance Contract _ Other Hearing Examiner's recommendation Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the Hearing Examiner's recommendation and direct legal staff to prepare the appropriate legislation. BOARD RECOMMENDATION: Examiner recommends approval of the preliminary subdivision subject to conditions. COUNCIL ACTION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: January 4, 2004 ITEM TITLE: Set Date for the Closed Record Public Hearing on the preliminary plat of Marvin Gardens. SUBMITTED BY: William R. Cook, Director of ComMunity & Economic Development CONTACT PERSON / TELEPHONE: Jeff Peters, Assistant Planner, 575-6163 SUMMARY EXPLANATION: Set date January 4, 2004 as the Closed Record Public Hearing concerning the preliminary plat of Marvin Gardens, a 20 -Lot subdivision, submitted by Marvin Miller, City of Yakima Office of Neighborhood Development Services. Resolution Ordinance_ Contract Other X (Specify) Map & Preliminary Plat Funding Source N/A APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Set the date of Closed Record Public Hearing for January 18, 2004 BOARD RECOMMENDATION: Hearing Examiner recommended approval subject to conditions on November 30, 2004. COUNCIL ACTION: it\irq 6-11 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: erel f /Grp #.2 �-d 9� c4-„2.2-64/ e1494 /�,, , OAJDS / o'p a -i (feu -dens- Iii,G<iai M-. he4tiee, AJ3Q 1, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of the Hearing Examiners recommendation to the Yakima City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to all parties of record which are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the day of , 2004. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. C�,Cw rte%% Gv� Christine M. Wilson Planning Specialist City of Yakima, ONDS Prel Long Plat#2-04 Marvin Gardens (Hathaway'Ave.) Hearing Examiner Parties of Record -Recommendation Mailed Dec.. 2, 2004 Marvin Miller City of Yakima, ONDS Habitat for Humanity Yakima Valley Partners 2500 S. 26th Ave. ' Union Gap, WA 98903 Thomas Upton Surveying P.O. Box 2514 1 Yakima, WA 98907 Cindy Noble NFRD 5609 W. Arlington Yakima, WA 98908 d DEPARTMENT O. )OMMUNITYAND ECONOMIC DEVEI, 'PMENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On November 30, 2004 the Yakima Hearing Examiner rendered his recommendation on a Preliminary Long Plat Application submitted by the City of Yakima, Office of Neighborhood Development Services. The proposed 20 - lot subdivision to be known as "Marvin Gardens" is located on Hathavvay Avenue between North 30th and 32nd Avenues, Yakima, Washington. The application was reviewed at a public hearing held by the Hearing Examiner on November 15, 2004. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a Public Hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Jeff Peters, Assistant Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575-6163. Doug Maples Planning and Code Administration Manager Date of mailing: December 2, 2004 Enclosures: Hearing Examiner's Recommendation Preliminary Plat and Vicinity Map Yakima a arwxman c._fLI 'IIIA► 1994 HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: November 15, 2004 1:00 PM CASE #: (A) Plat Alteration#2-04 (B) Prel Long Plat#2-04 (C) Plt Alter#1-04, CL(3)#8-04 APPLICANT: Pratt Family, LP City of Yakima, ONDS D.H. Construction & Development INDICATE CASE NO. NAME: (A,B,C): PLEASE PRINT 4 SITE ADDRESS: S. 26th Ave. & Loren Ct. 3000 - 3100 Block Hathaway 1600 Block Perry St. ADDRESS: }% ZIP: CITY OF YAKIMA HEARING EXAMINER AGENDA Monday November 15, 2004 1:00 pm I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. PRATT FAMILY, LP Planner Assigned: Mary Lovell File Number: PLAT ALTERATION #2-04 Location: South 26th Ave. & Loren Ct. Request: Plat alteration CITY OF YAKIMA, ONDS Planner Assigned: File Number: Location: Request: Yakima City Hall Council Chambers Jeff Peters PREL LONG PLAT#2-04, EC#22-04 3000 — 3100 Block of Hathaway 20 lot long plat subdivision and environmental checklist C. D.H. CONSTRUCTION & DEVELOPMENT, INC. (Hordan Planning Services) Planner Assigned: Mary Lovell File Number: PLAT ALTERATION#1-04, CL(3)#8-04, ADM ADJ#26-04 & EC#23-04 Location: Vicinity of 1600 block of Perry St. Request: Re -plat of Homeland Tracts, construct mini -storage, adjust front and rear setbacks, adjust lot coverage & complete environmental checklist IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. Filed Hearing Examiner EXH #L -pate l -iS File # f 'i ./4,4-4t„2 -6 LEGAL NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given by the undersigned that a public hearing will be held by the Yakima City Hearing Examiner to consider a Preliminary Long Plat Subdivision application and Environmental Checklist submitted by the City of Yakima, Office of Neighborhood Development Services. The Preliminary Long Plat application requests the subdivision of approximately 3.81 acres of Two - Family Residentially zoned property into 20 lots. The SEPA Environmental Checklist review is a state requirement for any property being considered for the Long Subdivision process. The subject property is located in the vicinity of the 3000 & 3100 blocks of Hathaway Avenue, Yakima, Washington. City File Number: UAZO Prel Long Plat #2-04 & UAZO EC#22-04 Assessor's Parcel Numbers: 181314-23438 & 1 81 31 4-23449 The public hearing has been scheduled for Monday, November 15, 2004 beginning at 1:00 pm, or soon thereafter, in the Council Chambers at Yakima City Hall, 129 North Second Street, Yakima, Washington. Further information regarding this hearing may be obtained by contacting Jeff Peters, Assistant Planner, City of Yakima Planning Division, 129 N 2nd Street, Yakima, Washington 98901, or by calling 575-6163. Doug Maples Planning & Code Administration Manager Please publish once only on Wednesday, October 27, 2004 Please mail invoice and affidavit of Publication to: Account #11002 City of Yakima Planning Division 129 N 2nd Street Yakima, WA 98901 Filed Hearing Examiner EXH # ____ r Date 0 File # P5P% #�-oy RECEIVED SEP 2 2 2004 CITY OF YAIKIMA PILA TY OF yi` LAND USE ACTION INSTALLATION CERTIFICATE Project Number: Pl44 1 oc1 �C 26 Date of Installation: q /Z2Mq Site Address: $06t, amol' bo 14 oliketw / v Location of Installation (Check One) Land Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a. more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) 0/VDs - Mary/� A)lyJek Date 9/..2.. /oV Applicants Signature .7* -1/11-141 At Telephone Number of Applicant S7C-61N The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509-575-6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North3; Street, Yakima, WA 98901. INDEX F.} # 6 STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: 3e,1 Lm 4 2,67 da_.7-2-647 et cc a,47;77A Q��S glQcIC - -Cat elk -lee( 1, Christine Wilson as an employee of the Yakima City fanning Division, have dispatched through the United States Mails, a Notice of Public Hearing by the Yakima City Hearing Examiner, a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property. That said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on theme' day of 7Jb 2004. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson Planning Specialist INDEX # G SEPA AGENCIES LIST Army Corps P.O. Box C-3755 Seattle, WA 98124 Sheila Ross Cascade Natural Gas 701 S. 1st Ave Yakima, WA 98902 Chamber of Commerce 10 N 9th St. Yakima, WA 98901 Kathleen Holscher, City Mgr. City of Union Gap PO Box 3008 Union Gap, WA 98903 Les Ornelas Clean Air Authority 6 S. 2nd St., Room 1016 Yakima, WA 98901 Mr. John Daly Dept. of Agriculture 406 Gen. Adm Bldg. Mail Stop AX -41 Olympia, WA 98504 Gwen Clear Dept of Ecology. 15 W. Yakima Ave. St. 200 akima, WA 98902 D partment of Ecology, nviron Review Section PO Box 47703 Olympia, WA 98504-7703 Dept of Emergency Services 4220 E Martin Way Olympia, WA 98504 Ir. Ted Clusing Dept. of Fish & Wildlife 1701 So. 24th Ave. Yakima, WA 98902 k2.0,0.s , /ygt, FILE NAME & NUMBER: bS Ire I Ai) net # _Q c{ Dept of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Mr. Paul Donahue Dept of Soc/Health Service Capital Programs Ofc. Bldg#2, MS OB -23B OIympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W. 4th Ave. St. 305 okane, WA 99204 Dept of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 9890 Environmental Protection Agency 1200 6th Ave, MS 623 Seattle, WA 98101 FAA 2200 W Washington Yakima, WA 98903 Interagency Committee Outdoor Recreation P.O. Box 40917 Olympia, WA 98504-0917 Nob Hill Water Co 6111 Tieton Dr Yakima, WA 98908 . Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Planning & Com Affairs Agency 9th & Columbia Bldg. MS GH -551 Olympia, WA 98504 Mr. Greg Griffith Div of Archeol & Hist Pres PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 120 S 3rd St #100 Yakima, WA 98101 Mr. Richard Smith Terrace Heights Sewer Dist 314 N 2nd St Yakima, WA 98901 Blake Davis Q- West 8 So. 2nd Ave. Rm 304 Yakima, WA 98902 Yakima Co. Commissioners Room 416 Courthouse Yakima, WA 98901 /Yakima Co Health 13i Art McKuen 104 North 1st St Yakima, WA 98901 Mr. Richard Anderwald Yakima Co Planning 128 N 2nd St. Yakima, WA 98901 Mr. Vern Redifer Yakima Co Pub. Works 128 N 2nd St Yakima, WA 98901 Yakima Greenway Foundation 111 So. 18th St. Yakima, WA 98901 Mr. Caroll Palmer Yakama Indian Nation PO Box 151 Toppenish, WA 98948 INDEX ## ��� SEPA AGENCIES LIST YMATS Planner YVCOG 6 S 2nd St. Suite 605 Yakima, WA 98901 Mr. Doug Mayo Wastewater Treatment Plant Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Wolferd Yallup, Chrm Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Perry Harvester Dept. of Fisheries 1701 So. 20 Ave. Yakima, Wa 98902 Mr. Scott Nicolai Yakama Indian Nation -Fisheries P.O. Box 151 Toppenish, WA 98948 akima School District Attn: Ben Soria 104 N. 4th Avenue Yakima, WA 98902 / WV School District �— . Attn: Peter Ansignh 8902 Zier Road kima, WA 98908 Mr. Hiram Olney Yakama Indian Nation P.O. Box 151 Toppenish, WA 98948 FILE NAME & NUMBER: Mr. Bill Beckley Yakama Indian Nation Environmental Protection Prog. P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 WSDOT Aviation Division John Shambaugh 3704 172nd St. N.E. Suite K-12 Arlington, WA 98223 Mr. Marty Miller Office of Farmworker Housing 1400 Summitview #203 Yakima, WA 98902 Donna J. Bunten Critical Areas Coordinator D.O.E., Shorelands & Environ. Assistance Program P.O. Box 47600 Olympia, WA 98504-7600 Martin Humphries Yakima Valley Museum 2105 Tieton Dr. Yakima, WA 98902 Mr. Bob Clem, Manager Yakima Airport 2400 W. Washington Ave. Yakima, WA 98903 ALWAYS SEND TO APPLICANT DOC ,. INDEX ' - 1314 32029 ILLA A KING 404 SC IC AK A, A 8908 L81314-32029 VILLAMAE KING 1404 SCENIC DR 4 (AKIMA, WA 98908 181314-23468 4ILLIAM J RINDAL ?,2128 BULSON RD 4OUNT VERNON, WA 98274 70 labels printed c jA 4— — cV13 fvt.? for map sheet ongplt-2-04 (DQZ ig-2c )31314 2•29 ILLA E ING 404 SCEN C DR A MA, WA 08 DOC. INDEX 181314-32406 4ENRY J YAKE 524 N 20TH AVE YAKIMA, WA 98902 181314-23020 JACK FROST FRUIT CO INC PO BOX 1552 YAKIMA; WA 989071552 181314-23469 JERALD M & MILDRED C RINDAL 20095 ENGLISH RD MOUNT VERNON, WA 98274 181314-23467 JERRY D & BILLIE J HARRIS 3004 FRUITVALE BLVD APT 5 YAKIMA, WA 98902-1143 181314-32413 KENNETH T SCHMIDT 910 N 29TH AVE YAKIMA, WA 98902 1 : 1314- . 418 2R,x, I l c.0 .„„ to MtRTEN.EN FAMIL RUST 917 30T AVE YA A, WA •:•02 a_ )314 2410 HtNRY J YAKE 5 4 N 2 TH Y 1181314-32437 JEFF L EDWARDS 913 N 29TH AVE YAKIMA, WA 98902 J' 30 YA 1314-23419 RRY D & 4 FR LLIE J E BL I APT 5 WA 98'4 -1143 1.1314-23464 INA B MORRIS 2904 FRUITVALE BLVD YAKIMA, WA 98902-1126 181314-23410 JERALD M & MILDRED C RINDAL PO BOX 666 MOUNT VERNON, WA 98273-0666 81314-234 RRY D BIL IE J 04 FR.ITVALE WA 9890 -1143 S APT 181314-32417 181314-23445 JESUS & ANGELA E GUARDIOLA GONZAj JOHN E & LANA J RUSSELL PO BOX 375 920 N 30TH AVE ELLENSBURG, WA 98926-0375 YAKIMA, WA 98902 181314-23409 LEE R ETAL RUSSELL 310 N 9TH ST SELAH, WA 98942 181314-23420 NAUL M ARELLANO 3004 WEST J STREET YAKIMA, WA 98902 181315-14458 i 1 PATRICK & DIANE CAREY i P 3208 FRUITVALE BLVD 3 YAKIMA, WA 98902 YA 181314-32419 RICHARD C & CAROL S MORTENSEN 917 N 30TH AVE YAKIMA, WA 98902 181314-23425 TRISHA A & JASON K FRISK 2904 HATHAWAY AVE YAKIMA, WA 98902 181314-32412 VICTORINO GARIA & JUANA ZAMORA 909 N 30TH AVE YAKIMA, WA 98902 181314-23457 WILBERT A & CHRISTINE A WADE 611 N 48TH AVE VAT'rMA MA oo,no 1315-14459 TRI K & DIA 08 R ITVA MA CAREY VD 8902 181314-32414 ROSALIA AYALA 912 N 29TH AVE YAKIMA, WA 98902 181314-23453 LELAND C. HARRINGTON 919 N 29TH AVE YAKIMA, WA 98902-1001 1:1314-2 N•UL M 3.04 W YA 22 LANO STR 2 181314-23426 PHILIP KERR ENTERPRISES LLC 10502 ESTES RD YAKIMA, WA 98908 181314-32411 STANLEY E & NORMA TAYLOR 907 N 30TH AVE YAKIMA, WA 98902 181314-23429 181314-23463 TROY A & SHAUNA RODMAN WHALEN VICTOR L & VIVIAN MILL 2907 HATHAWAY ST 6902 W NOB HILL BLVD YAKIMA, WA 98902 YAKIMA, WA 98908-1925 181315-14410 WHISPERING PINES MHC LLC 450 NEWPORT CENTER DR #59 NEWPORT BEACH, California 12660 181314-32440 WILBUR C. & WANDA SUE JOHNSTON 2905 CASTLEVALE RD tTA VTTrtA T.TT nnnnn 181314-23456 WILBERT A & CHRISTINE A WADE 1001 N 29TH AVE YAKIMA, WA 9 8 9,0-2, INDEX 18131 W LL "M 444, S -32029 E KING NIC/DR ^^ 181314-24001 & I DEVELOPMENT LLC ?809 FRUITVALE BLVD 'AKIMA, WA 98902 L81314-23427 kBEL & MARIA ISABEL RAIGOZA 2903 HATHAWAY YAKIMA, WA 98902 181314-23406 3ILLIE J & JERRY HARRIS 3004 FRUITVALE BLVD YAKIMA, WA 98902-1143 8131.-23 38 ITY•F YA IMA e FI OF G DE .LS•MENT YA IMA, WA 98901 H.U: N 181 14-23441 CIT`, OF YAK A 0 ICE OF NEIG HOUS'NG D IELOPME ' SERVI YAKI 98901 )3 1 D FRU IMA, 4447 VELOP TVA LLC B VD 8902 181314-32415 AMELIA WINTER 312 N 30TH AVE YAKIMA, WA 98902 181314-23437 CC SIGNS LLC 1112 E NOB HILL BLVD YAKIMA, WA 98901 81314-2. 9 B0, IITY 0. YA MA OFF • OUSI,NG DEV OPME 1 K�,MA, WA 9 18 314-23444 CI'Y OF YAK A OFFI OF NEIG HOU ING D +ELOPMENT SVI YAK MA, 98901 E 0': SERV 181314-23442 CITY OF YA A OFFICE OF OUSING r VEL. Y• IM• WA 989 181314-23447 ITY OF Y USING YA MENT SE I IMA OFFICE LOPMENT .ERVI WA 9x•01 11314-32408 IRON LEROY HILL 908 N 29TH AVE YAKIMA, WA 98902 81314-3-416 A ELIA ' I' TER 3 2 N OTAVE Y KIIA, WA 98:02 181314-23455 CHRISTINE A WADE ' 611 N 48TH AVE YAKIMA, WA 98908 NEIGHBOI 81314-23440 TY OF YAKI USING DERELOP ENT SE IMA, A` 98901 FFICE OF NEIGE 181314-23443 O1 CITY AKIMA OFF CE OF NEIGE HO ING ' VELOP NT ERVI ' KIMA, WA 181314-23449 GHBOi C. OF YAK 181314-23454 181314-32434 CURTISS G & BRENDA & ARLENE ZAHL DALE J & JOEY L PERRIGO 1402 QUEEN AVE ! 22816 58TH DR SE YAKIMA, WA 98902-5423 BOTHELL, WA 98021-8034 181314-32438 DANNY L & CATHY A FLOYD 2807 W CHESTNUT AVE YAKIMA, WA 98902-3725 181314-23432 DONALD ROBERT KLANG 1010 N 29TH AVE YAKIMA, WA 98902 181314-23430 GARY M BROETJE 2909 HATHAWAY ST YAKIMA, WA 98902-1024 181314-32436 GONZALO SANCHEZ 911 N 29TH AVE YAKIMA, WA 98902 181314-32435 DEBRA L. DE WEESE 909 N 29TH AVE YAKIMA, WA 98902 181314-23459 ELMER L & DEBBIE L VANDERWOOD 2920 RIVER RD #3 YAKIMA, WA 98902 181314-23424 GAYLORD N. VANNATTAN 920 N 29TH AVE YAKIMA, WA 98902-1050 0 OUSI ELOPMENT SERVI YAKIMA, A 98901 11314-23452 D:NNY L C•THY A FLO 2:07 W • EST UT AVE YA'.IM•, WA 98'02-3 81314-234_1 DSNALD Re:E•T KLANG 1010 N 9TH VE YA IM •, WA 9 EIGE 181315-41461 EPSTEIN HOLDINGS, LLC 8405 SE 53RD PL MERCER ISLAND, WA 98040 181314-32443 GLADYS E BYRE F -f 906 N 29TH AVE. YAKIMA, WA 98902IN0 181314-23446 81314 3448 HABITAT FOR HUMANITY YAKIMA VALLI OR H AN TY YAKIMA\VF PO BOX 9007 PO BUX 91,7 / YAKIMA, WA 98909-007 YA. A, WA 8909-00 DEPARTMENT 6.. )COMMUNITYANDECONOMIC DEV bPMENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 RESCHEDULE OF PUBLIC HEARING DATE: October 26, 2004 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: ,Reschedule of public hearing concerning property located in the vicinity of 3000 & 3100 Hathaway Ave. Yakima WA UAZO PREL LONG PLAT #2-04 & EC #22-04. Submitted by the City of Yakima's Office of Neighborhood Development Services RESCHEDULE OF PUBLIC HEARING This long plat request has been rescheduled and requires that the Hearing Examiner hold a public hearing. This public hearing has been rescheduled for November 15, 2004, beginning at 1:00 pm., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Jeff Peters, Assistant Planner at (509) 575-6163 or e- mail at jpeters@ci.yakima.wa.us. Yakima All-ArnticaeltY STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: u4Z4 taiyi L�n�� ,,2„-.65/ -67 3000-3/610 Quo clic' J ktie w, I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing by the Yakima City Hearing Examiner, a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property. That said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 3/-rl day of __Cep +. 2004. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson Planning Specialist INDEX I CS" SEPA AGENCIES LIST Army Corps P.O. Box C-3755 Seattle, WA 98124 Sheila Ross Cascade Natural Gas 701 S. 15` Ave Yakima, WA 98902 Chamber of Commerce 10 N 9th St. Yakima, WA 98901 Kathleen Holscher, City Mgr. City of Union Gap PO Box 3008 Union Gap, WA 98903 ries Ornelas Clean Air Authority 6 S. 2nd St., Room 1016 Yakima, WA 98901 Mr. John Daly Dept. of Agriculture 406 Gen. Adm Bldg. Mail Stop AX -41 Olympia, WA 98504 Gwen Clear Dept of Ecology. 15 W. Yakima Ave. St. 200 kima, WA 98902 D partment of Ecology, nviron Review Section PO Box 47703 Olympia, WA" 98504-7703 Dept of Emergency Services 4220 E Martin Way Olympia, WA 98504 i170Mr. Ted Clusing t. of Fish & Wildlife 1 So. 24th Ave. Yakima, WA 98902 //-dApe. oe— FILE NAME & NUMBER: o Th S 0fre 1 Lti P/d #a2 -a t( Dept of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Mr. Paul Donahue 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 okane, WA 99204 Dept of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 9890 Environmental Protection Agency 1200 6th Ave, MS 623 Seattle, WA 98101 FAA 2200 W Washington Yakima, WA 98903 Interagency Committee Outdoor Recreation P.O. Box 40917 Olympia, WA 98504-0917 Nob Hill Water Co 6111 Tieton Dr+ Yakima, WA 98908 , Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Planning & Com Affairs Agency 9th & Columbia Bldg. MS GH -551 Olympia, WA 98504 Mr. Greg Griffith Div of Archeol & Hist Pres PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 120 S 3rd St #00._ Yakima, WAA"98101 Mr. Richard Smith Terrace Heights Sewer Dist 314 N 2nd St Yakima, WA 98901 Blake Davis Q- West 8 So. 2nd Ave. Rm 304 Yakima, WA 98902 Yakima Co. Commissioners Room 416 Courthouse Yakima, WA 98901 Yakima Co Health Art McKuen 104 North 1st St Yakima, WA 98901 Mr. Richard Anderwald Yakima Co Planning 128 N 2nd St. Yakima, WA 98901 Mr. Vern Redifer Yakima Co Pub. Works 128 N 2nd St Yakima, WA 98901 Yakima Greenway Foundation 111 So. 18th St. Yakima, WA 98901 Mr. Caroll Palmer Yakama Indian Nation PO Box 151 Toppenish, WA 98948 INDEX SEPA AGENCIES LIST YMATS Planner YVCOG 6 S 2nd St. Suite 605 Yakima, WA 98901 Mr. Doug Mayo Wastewater Treatment Plant Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Wolferd Yallup, Chrm Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Perry Harvester Dept. of Fisheries 1701 So. 24th Ave. Yakima, Wa 98902 Mr. Scott Nicolai Yakama Indian Nation -Fisheries P.O. Box 151 Toppenish, WA 98948 akima School District Attn: Ben Soria 104 N. 4th Avenue Yakima, WA 98902 f /WV School District Attn: Peter Ansignh 8902 Zier Road kima, WA 98908 Mr. Hiram Olney Yakama Indian Nation P.O. Box 151 Toppeiish, WA 98948 rILE NAME & NUMBER: Mr. Bill Beckley Yakama Indian Nation Environmental Protection Prog. P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 WSDOT Aviation Division John Shambaugh 3704 172"d St. N.E. Suite K-12 Arlington, WA 98223 Mr. Marty Miller Office ofFarmworker Housing 1400 Summitview #203 Yakima, WA 98902 Donna J. Bunten Critical Areas Coordinator D.O.E., Shorelands & Environ. Assistance Program P.O. Box 47600 Olympia, WA 98504-7600 Martin Humphries Yakima Valley Museum 2105 Tieton Dr. Yakima, WA 98902 Mr. Bob Clem, Manager Yakima Airport 2400 W. Washington Ave. Yakima, WA 98903 ALWAYS SEND TO APPLICANT 181314-32029 WILLAMAE KING 4404 SCENIC DR YAKIMA, WA 98908 181314-23468 WILLIAM J RINDAL 22128 BULSON RD MOUNT VERNON, WA 98274 1 ,314- 029 LAM E ING 4404 CEN C D YKI A, WA 908 70 labels printed for map sheet longplt-2-04 a3 4-1 ► 1p1/4,t ' o�tY oN bs /41-c Aw q= fqc,y f v 1.81314-32 LLAMAEVK 04 S ENIC YKII WA 9 Thomas Upton Surveying P.O. Box 2514 Yakima, WA 98907 Cindy Noble NFRD 5609 W. Arlington Ave Yakima, WA. 98908 D C INDEX 181314-24001 A & I DEVELOPMENT LLC 2809 FRUITVALE BLVD YAKIMA, WA 98902 181314-23427 ABEL & MARIA ISABEL RAIGOZA 2903 HATHAWAY YAKIMA, WA 98902 181314-23406 BILLIE J & JERRY HARRIS 3004 FRUITVALE BLVD YAKIMA, WA 98902-1143 181314-234 CI rY OF ^ KIMA FFICE OF HO SIN DEVELOP NT SER I YAK y•, WA 98901 18131 23441 CITY F YAKI OFFICE 0 NEIG HOUSII DEV :LOPMENT SERV YAKIMA, 98901 EIGHB 181314-24447 it I c" ELOP J9 RU TVA 181314-32415 AMELIA WINTER 312 N 30TH AVE YAKIMA, WA 98902 181314-23437 CC SIGNS LLC 1112 E NOB HILL BLVD YAKIMA, WA 98901 181314- 39 CITY OF YA IMA -•. ING DEV YAKIMA, WA 98901 OFF OF 1: CI MA HOU NG 0EVELOPM YAKIMA, WA 98901 314-23442 Y OF Y 181314-23444 18 -23447 CITY O: YAKIMA 9'FFICE 0 NEIGHBOTY 0 YAKIMA o FI HOUSING DEVEL• MENT SERVI HOUSING •- IPMENT YAKIMA, A •:901 YAKIMA, WA 98901 T SERVI EIGHBO 181314-32408 ARON LEROY HILL b8 N 29TH AVE YAKIMA, WA 98902 81314-32416 A 2LIA INTER � 3 2 N 30 H E YA A, 98902 181314-23455 CHRISTINE A WADE 611 N 48TH AVE YAKIMA, WA 98908 181314-23440 OF YAKIMA OFFICE OF NEIL. HODSNG DEVEI)DP YAKI WL 98901 181314-23443 FICE OF_,11-E-TIK CITY 0 Y ^ KIMA OFFICE OF NEIG S. I Hi-"ING DE LOPERVI YAKIMA, WA 98901 181314-23449 RV NEIGHBOR YA OFFICE S.I HO ING DEVEL0•,, ► ERVI YAKIM , WA 98901 181314-23454 181314-32434 CURTISS G & BRENDA & ARLENE ZAHL DALE J & JOEY L PERRIGO 1402 QUEEN AVE 22816 58TH DR SE YAKIMA, WA 98902-5423 BOTHELL, WA 98021-8034 181314-32438 DANNY L & CATHY A FLOYD 2807 W CHESTNUT AVE YAKIMA, WA 98902-3725 181314-23432 DONALD ROBERT KLANG 1010 N 29TH AVE YAKIMA, WA 98902 181314-23430 GARY M BROETJE 2909 HATHAWAY ST YAKIMA, WA 98902-1024 181314-32435 DEBRA L. DE WEESE 909 N 29TH AVE YAKIMA, WA 98902 181314-23459 ELMER L & DEBBIE L VANDERWOOD 2920 RIVER RD #3 YAKIMA, WA 98902 181314-23424 GAYLORD N. VANNATTAN 920 N 29TH AVE YAKIMA, WA 98902-1050 •• 18 14-23 52 DA NY L & ATHY A FL e D 2807 CHES ' T YAK A, WA 98902-3725 181314-23431 DtNALD •'+BERT KLANG 1110 2•TH AVE YA' IMA, W'` 9812 181315-41461 EPSTEIN HOLDINGS, LLC 8405 SE 53RD PL MERCER ISLAND, WA 98040 181314-32443 GLADYS E BYRE 906 N 29TH AVE YAKIMA, WA 98902_ N, INDEX 181314-32436 181314-23446 1:1314-23448_ GONZALO SANCHEZ HABITAT FOR HUMANITY YAKIMA VALL H'BIT!' FOR HU ^'LAITY KIMA 911 N 29TH AVE PO BOX 9007 P• :•X •007 YAKIMA, WA 98902 YAKIMA, WA 98909-007 Y`• MA, _ 8909-007 181314-32406 '1314-32410 HENRY J YAKE RRY YAKE 524 N 20TH AVE 5:4 N 2.TH E YAKIMA, WA 98902 Y 181314-23020 JACK FROST FRUIT CO INC PO BOX 1552 YAKIMA, WA 989071552 1 181314-23469 JERALD M & MILDRED C RINDAL 20095 ENGLISH RD MOUNT VERNON, WA 98274 98902 181314-32437 JEFF L EDWARDS 913 N 29TH AVE YAKIMA, WA 98902 181314-23464 A B MORRIS 1904 FRUITVALE BLVD YAKIMA, WA 98902-1126 181314-23410 JERALD M & MILDRED C RINDAL PO BOX 666 MOUNT VERNON, WA 98273-0666 81314-23419 1'81314-23421 RRY . BILLI J RRIS J •RY D & B LIE J HARRIS 04 RUIiVALELVD T 5 30.4 FRUIT LE BL D APT KI , W 98 2-1143 YAK A, 98902-1 I 181314-23467 181314-32417 181314-23445 JERRY D & BILLIE J HARRIS JESUS & ANGELA E GUARDIOLA GONZA JOHN E & LANA J RUSSELL 3004 FRUITVALE BLVD APT 5I PO BOX 375 920 N 30TH AVE YAKIMA, WA 98902-1143 ELLENSBURG, WA 98926-0375 YAKIMA, WA 98902 181314-32413 KENNETH T SCHMIDT 910 N 29TH AVE YAKIMA, WA 98902 181314-23409 LEE R ETAL RUSSELL 310 N 9TH ST SELAH, WA 98942 181314-23453 LELAND C. HARRINGTON 919 N 29TH AVE YAKIMA, WA 98902-1001 11314- :218 ice` 181314-23420 181314-234 RTEIEN FAM 'Y 'RUST NAUL M ARELLANO INAUL M A L NO 91 30TH 3004 WEST J STREET 004$WW2 J .TREET YAK MA, WA 98902 YAKIMA, WA 98902 KIM, WA 9 181315-14458 PATRICK & DIANE CAREY 3208 FRUITVALE BLVD YAKIMA, WA 98902 181314-32419 RICHARD C & CAROL S MORTENSEN 917 N 30TH AVE YAKIMA, WA 98902 181314-23425 TRISHA A & JASON K FRISK 2904 HATHAWAY AVE YAKIMA, WA 98902 181314-32412 VICTORINO GARIA & JUANA ZAMORA 909 N 30TH AVE YAKIMA, WA 98902 181314-23457 WILBERT A & CHRISTINE A WADE 611 N 48TH AVE YAKIMA, WA 98908 /11315-14459 181314-23426 PATRICK NE CA - PHILIP KERR ENTERPRISES LLC 3 08 F ITVAL. B.+D 10502 ESTES RD YA' IJMA, WA 98902 YAKIMA, WA 98908 181314-32414 ROSALIA AYALA 912 N 29TH AVE YAKIMA, WA 98902 181314-23429 TROY A & SHAUNA RODMAN WHALEN 2907 HATHAWAY ST YAKIMA, WA 98902 181314-32411 STANLEY E & NORMA TAYLOR 907 N 30TH AVE YAKIMA, WA 98902 181314-23463 VICTOR L & VIVIAN MILL 6902 W NOB HILL BLVD YAKIMA, WA 98908-1925 181315-14410 181314-23456 WHISPERING PINES MHC LLC WILBERT A & CHRISTINE A WAD] 450 NEWPORT CENTER DR #59 1001 N 29TH AVE NEWPORT BEACH, California 12660 YAKIMA, WA 98902 DOC, INDEX 181314-32440 WILBUR C. & WANDA SUE JOHNSTON 2905 CASTLEVALE RD YAKIMA, WA 98902 7181314 ILL, 4 YA 0 2029 KING 3 SCE'. IC ►• MA, W• 98908 DEPARTMENT Oa )OMMUNITY AND ECONOMIC DEVE.. )'MENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 NOTICE OF APPLICATION AND REARING DA i'k,: September 3, 2004 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of Application concerning property located in the vicinity of 3000 & 3100 Hathaway Ave. Yakima WA UAZO PREL LONG PLAT #2-04 & UAZO EC #22- 04. NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received two related land use applications from the City of Yakima's Office of Neighborhood Development Services. The first application requests the subdivision of approximately 3.81 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6,000 to 8,935 square feet in size plus a pocket park. The final application involves an Environmental Review, a state requirement for any property being considered for the Long Subdivision process, , N OF ENVIRaENTAL 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: The City of Yakima is presently inclined towards the issuance of a Determination of Non Significance (DNS) on this project. RE ai7EST lFOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by September 23, 2004 will be considered prior to issuing the final recommendation on this application. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicants name in your correspondence. NOTICE OF PUBLIC HEARING This rezone request requires that the heating examiner hold a public hearing. This public hearing has been scheduled for October 28, 2004, beginning at 9:00 am., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter DOC. INDEX Yakirr AhlimerIcal `11U 1994 is invited to attend the public hearing or to submit their written comments to: City of Yakima, Pianning Division, 129 N 2nd St., Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington, If you have any question on this proposal, please call Jeff Peters, Assistant Planner at (509) 575-6163 or e- mail at jpeters@ci.yaldma.wa.us. ci.yaki.ma..wa.us. 9,1km Permits Required: City building permits Encl.: Narrative, Environmental Checklist, Site Plan, Vicinity Map and Mailing Map Date: To: DEPARTMENT r- COMMUNITY AND ECONOMIC DEV' ?PMENT Planning Division. Doug Maples, CBO, Code Admin. and Planning Manager 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 September 2, 2004 Marvin Miller 112 S. 8th Street Yakima, WA 98901 • www.ci.yakima.wa.us Subject: Determination of Application Completeness for requested UAZO Preliminary Long Plat # 2-04 and Environmental Checklist UAZO EC #22-04. Proposal: Long Plat of approximately 3.81 acres of (R-2) Two -Family Residentially zoned property into 20 lots ranging from 6,000 to 8,935 square feet in size plus a pocket park and environmental review. Location: vicinity of 3000 & 3100 Hathaway Ave. Yakima WA Parcel Nos. 181314-23438 through 23449. Your application was initially submitted on August 12, 2004 and has been determined to be complete for further processing August 30, 2004. Continued processing of your request will include, but is not limited to, the following actions: 1. A Notice of Application is to be sent to all property owners within 500 feet of your site. This notice will include a request for public comments during a 20 -day comment period as is required by the City of Yakima. Notice of Application is scheduled to be issued on September 3, 2004 and the comment period will end on September 23, 2004. 2. Following the comment period a SEPA Threshold determination will be issued after September 23, 2004. This is followed by a 15 day SEPA Appeal period that ends approximately October 8, 2004. If not appealed a staff report will be prepared by the Planning Division, which will include a recommendation to the hearing examiner as well as any recommended conditions of approval. 3. An open record public hearing is scheduled before the City of Yakima's hearing examiner for October 28, 2004 at 9:OOAM in the City Council's hearing chamber at City Hall. The hearing examiner will issue a recommendation to the City Council. 4. Following the receipt of the Hearing Examiner's recommendations, a closed record public hearing will be scheduled for a City Council decision of your Rezone. You may contact me at (509) 575-6163 if you have any questions regarding this matter. Veytruly yours, Jeff Peters Assistant Planner Yakima