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04/17/2018 08 Right-of-Way Vacation, Vicinity of Midvale Road and South 64th AveITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 8. For Meeting of: April 17, 2018 Public hearing and ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition submitted by The Lodges in West Yakima LLC to vacate a portion of Midvale Rd that extends west of S 64th Ave Joan Davenport, Al CP, Community Development Director Joseph Calhoun, Planning Manager Eric Crowell, Associate Planner (509) 576-6736 SUMMARY EXPLANATION: On December 11, 2017, the City of Yakima Department of Community Development received a petition from Halverson Northwest on behalf of The Lodges in West Yakima LLC, for the vacation of a portion of platted right-of-way. The proponent has requested this vacation in order to use the right-of-way as an access easement in order to access the east side of a future multifamily development. (Legal description and site plan included in File No. RWV#002-17.) There are no future City plans for development of the subject right-of-way. The City of Yakima records indicate that the subject right-of-way was originally dedicated to the County of Yakima by the Plat of Westwood West on June 3, 1965. On February 22, 2018, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested right-of-way vacation. No comments were received during the open record public hearing. On March 8, 2018, the Hearing Examiner issued a Recommendation stating that the platted street right-of-way be vacated pending City Council approval. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Pass Ordinance. BOARD/COMMITTEE RECOMMENDATION: The Hearing Examiner recommended approval on February 22, 2018. ATTACHMENTS: Description Upload Date 0 ordinance 4/10/2018 0 • plete RecorcilheLociges 4/4/2018 2 Type Cover Memo Backup Material 3 ORDINANCE NO. 2018 - AN ORDINANCE relating to land use; vacating Midvale Rd. right-of-way in the vicinity of S. 64th Ave. in the City of Yakima, Washington. WHEREAS, by petition dated December 11, 2017 (Petition #17-09), Halverson Northwest, on behalf of The Lodges in West Yakima LLC, requested to vacate a portion of platted City of Yakima right-of-way more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this unpaved, platted street right-of-way; and WHEREAS, The Lodges in West Yakima LLC, the applicants/petitioners for this right-of-way vacation, obtained the signatures of the owners of more than two-thirds of the parcels abutting the property subject to this petition for vacation; and WHEREAS, on February 22, 2018, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested right-of-way vacation, and concluded the hearing on February 22, 2018; and WHEREAS, on March 8, 2018, the Hearing Examiner issued the Hearing Examiner's Recommendation regarding RWV#002-17, (the "recommendation") recommending that the platted street right-of-way be vacated, and said recommendation is attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, at an open -record public hearing held on April 17, 2018, the City Council considered the requested right-of-way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, compensation to the City is not necessary for this right-of-way vacation due to the City having not purchased, maintained, or made any improvements to the public right-of-way, has no plans to do so, and has been a dedicated public right-of- way for at least five years, in accordance with YMC § 14.21.070 (A) (4); and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right-of-way vacation; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: 4 Section 1. The Midvale Rd. right-of-way running approximately 610 feet westward from the intersection of Midvale Rd. and S. 64th Ave. along Midvale Rd. to the western boundary of Parcel # 181329-11441 in the City of Yakima, Washington, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the March 8, 2018 Hearing Examiner's Recommendation (RWV#002-17) regarding this right-of-way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right-of-way vacation granted by this ordinance is expressly conditioned on The Lodges in West Yakima LLC's satisfaction of the following conditions, as stated on page 10 of the Hearing Examiner's Recommendation: 1. A new legal description and survey required by YMC § 14.21.110 shall be provided to the City. 2. Upon vacation, the vacated right-of-way shall have the Comprehensive Plan designation of Mixed Residential except for the westernmost 100 feet thereof which shall have the designation of Low Density Residential, and shall have the zoning classification of Two -Family Residential (R-2) except for the westernmost 100 feet thereof which shall have the zoning classification of Single -Family Residential (R-1). Section 4. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter, and the vacation approved herein shall be effective upon recording with the Yakima County Auditor. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 17th day of April, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: Exhibit "A" PETITION NO_ CITY OF 'YAKIMA WASHINGTON PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington, DEED DEED We undersigned petWoners and, pursuant to RCW Chapter 35,79, now respectfully snow The undersigned petitioners request that the foil* ing described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79 (provide egal description below, or attach to petition If lengthy). See attached Extratag A Each of the end., -igned petitioners is the • ner of an interest in real estate abutting an the above-clescribed area. The undersigned petitioners constitute • es of more than *-thirds of said abutting property. Wherefore, petitiorvars pray that pro*ir ridings tie heard hereon for the vacation of said area in the manner prescribed by RCW Ch. 35..79. Congdon Deceit. . raft Company, ALL P.O. Box 2725, Yawner WA 98207 Add r Date Wearwood West Golf Course Inc 414 Cherry Rego Ct . Yakima, WA 98955 ear , Address Date Owner" Sigriattire Address Date rod ership hhis 500 Ownerelicip his Ownership % (Carrera MOM garage* pcspeca tee what as ream forereese mach a aeparateIragave* amass sacraria tee fightgegagy to be vacated as wort as their address, percentage of frontage O1.he crehadarway, end Signature wee dare and MI refer ownership percentage of ine r gagges pacagsafiag ecia ascreareo) Revised 0112017 Page 6 5 6 Exhibit of Petition No. 17-09 (Exhibit "A") LEGAL DESCRIPTION That portion of Midvale Road right of way lying Westerly of the Westerly right of way line of South 64th Avenue, being 30.00 feet in width, as shown on the Plat of WESTWOOD WEST according to the official Plat thereof recorded in Volume "U" of Plats, Page 18, records of Yakima County, Washington. EXCEPT any portion lying Westerly of the Westerly line of said Plat of WESTWOOD WEST; Situate in Yakima County, Washington. Exhibit "B" City of Yakima, Washington RECEIVED Hearing Examiner's Recommendation March 8, 2018 hi the •Matter of an Application/Petition for Vacation of Street Right -of -Way Submitted •by: The Lodges in West Yakima, LLC, Congdon Development Company, CLC And Westwood West Golf Course, Ine. To Vacate the Portion of Midvale Road Lying South of the Westwood est C•oif Course and West of South 64th Avenue MAK 0 8 20% 0111 OF YAKIMA R.V#002-17 Petition No.11-09 Resolution No. R-2018405 A. Introduction. Introductory findings reiste to the hearing process for this matter may be summarized as follows: (2 ) The Hearing Examiner conducted an open record publie bearing for this applicatioulpetiti011 on liebruary 22, 2018: (2) Associate Planner Erie Crowell presemed the Fla ing Division staff mood recommending approval of the requested sow rightrofrway vacation, (3) The rep imitative of the appli t and of the property owners for this matter is Halverson Northwest Law Group Attorney Mark Fickes of that law limn submitted a legal filemorandurn arid t favor of the request, The applicant is The The Lodges io West Yakima, LAX Vacation of :Midvale Rd. RighooRWay West of South 64th Aventie and Sotah Of Wesawcod West Golf Course RWVOIX12-17; Petition No. 1749 1 7 Lodges in West Yakima, LLC which has completed the purchase of the property south of the are -a proposed for vacation Born Congdon Development Company, FCC since the petition was filed. The other petitioner and owner of the propeity abutting the area requested Mr vacation on the north side is Westwood WcH Golf Course, kW( (4) No other test° ony and no written public comments were submitted. (5) This street right-of-way vacation recommendation has been issued within ten business days of the hearing, B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of Midvale Road street right-of-way west of 64th Avenue and soMh of Assessor's Tax Parcel No. 181329-11441 which is owned by Westwood West Golf Course, bleu subject to conditions_ C. pasis for Recommendation. Based upon a VIM of the site without anyone else present on February 20, 2018, the staff report, exhibits. testimony and evidence presented at an open record public hewn% on February 22, 2018; and a review of Chapter 35.79 of the Revised Code of Washington (RCW) and of the City of Yakima's street rightbef-way vacation provisions in Chapter 14.21 of the Yakima Municipal Code C); the ilearing Examiner makes the fullovving: FINDINGS L AppligantiPetitioners/Pramety OwnerstRepresentatieez 'The applicant is The Lodges in West Yakima, LL12. The petitioners and the owners of the property abutting The edges West Yakima, WC Vacation of Midvale Rd. RightoofsWay West of South 646 Avenue and South Of Westwood West Golf Coo ItAVVROP2-17; Petition No. 17419 2 8 the area of the requested vacation .when the petition was Med were Westwood West Golf Course, I TIC on the north side and Congdon Development Company, lit.0 on the south side. The Lodges in West Yakima, LLC has Mime then completed the purchase of the property on the south side and is the successoniminterest to Congdon Development (omp iny 1 1 C lhe representative of the applicant and of the property owners for this matter is Halverson Northwest Law Group Pr., 405 hat Lincoln Avenue, PO. Box 22550, Yakima, Washington 98907. The representative of that law firm who testified at the hearing is attorney, Mark Fickess 11. D ription of Rig111-0E-Way Vacation Request. The main aspects of this street right-of-way vacation request may be summarized as follows: (1) This is a request to vacate the 30-1bot-wide Midvale Road street right-of-way west of South 64th Avenue and south of As, , sorts Tax Parcel No, 181329-11441 owned by Westwood West Golf Course, Inc. The petition was received by the City of Yakima Department of Community Development from Halverson Northwest Law Group P.C. on behalf of The Lodges in West Yakima, LLC on December 11, 2017. Sin the petition was eived, The Lodges in West Yakima. LLC, has become the property owner on the south side of the area to be vacated. (2) The stated purpose for the request is to allow a private eas ent to he established over the vacated area to be utilized for access from the existing road approach on South 64th Avenue to a high-qualiw apartment complex and development south of the area proposed for vacation which received preliminary approval from the City in an October 25, 2017, Decision and for other future development south of the a proposed for vacation. (3) The parcels adjacent to the street right-of-way are Assessor's P : el Numbers 181329-11441 owned by Westwood West Golf Course, Inc, on the north and a portion of 181329-14422 now owned by The Lodges in West Yakima, LLC on the south. The Lodges in West Yakima, Lite: Vacation of Midvale Rd. RightBLWay 1k of South 64" Avenue arid South Of Westwood West Golf Course RW1002-17; Petition No, 17-09 9 (4) `The applicant, as surcessoninsinterest to one of the petitioners, and the other petitioner together i 00% of the property abutting the area requested for vacation. (5) The street right-of-way t -a requested for vacation has never been improved with curb, gutter or asphalt except for the road approach aim on South 60 Avenue which was part of the improvements to South 64th Avenue The Congdon Orchards Rezone approved by Ordinance No. 2002-45 on August 20, 2002, prohibited this portion of Midvale Road from being used as part of a through City street in the future. (6) RCW 35.79.040 and YMC §14,21,080(A)(1) provide that vacated property shall normally helong to the abutting owners, oneshalf to eachi YMC §1411.080(Abl) recognizes an exception wh factual circumstances otherwise dictate a different division and distribution of the vacated property, Here the ponion of Midvale Road requested for vacation was along the south boundau of the Plat of Westwood West and was dedicated from that subdivision, RCW 58,17,212 provides that when a portion of a subdivision is vacated, title to a vacated street along the boundary of the subdivision shall vest with the owner(s) of property within the subdivision, Vesting of title to the entire vacated area in the Westwood West Chia Course, Inc. property north of the vacated area as an exception to the general rule is also here itt keeping with the wishes of the two abutting property owners, Notices. Notice of thc hearing was given on January 16, 2018, when the Yakima City Council adopted Resolution No. R-2018-005 setting the hearing for February 22, 2018, and was also subsequently given more than twenty days before the hearing in the manner required by RCW 35,79,020 and M additional ways on the following dates: Posting of notice on the property: Publishing of notice in the Yakima Herald -Republic Mailing of notice to the propeity own within 300 feet: Posting of notice in three public places: infillary 25, 2018 January 29 2018 January 29, 2018 February 1 &2 2018 Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub - RECEIVED 'the bodges in West Yakima. LLC Vacation of Midvale Rd. Rightmf-Way West of South1lAvenue and South Of Westw West Golf Course RWV 2-P7i Petition No. 1,7-09 4 MAC 0 8 2018 CITY OF YAKIMA I of„ 10 section 1.43M80(H) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and pane rights-of-way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. V. Environmental Review. Street vacations are categorically exempt from State Environmental Pokey Act (SEM) revi per WAC 197-11-800(2)(i) and Chapter 6.88 of •the Yakima Municipal Code. VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not required for this street fight -of -way vacation request. VII. Comprehensive Plan. Street rights-of-way do not have a Comprehensive Plan designation. Upon approval of street right-of-way vacations. the vacated areas receive the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area Comprehensive Plan designates the property abutting the area to be vacated on the north to which the vacated area will accrue as Mixed Residential except for the westernmost WO feet which is dmignated as Low Density Residential If the City CiOttliCii approves this requested street right-of-way vacation. the Comprehensive Plan designation of the vacated a will be Mixed Residential except for the westernmost 100 Met themof which will be low Density Residential VI 1. Zoning and Land Us a:. Zoning for the vacated portion of Midvale Road right - Abe laildges in West Yaki Ma,. I SAS Vacation of Midvale Rd. Right -of -Way West of Smith 641h Avenue and South Of Westwood West Coif Course RWVn002-17; Petition No. 17-09 lECEIVED Zak 0 8 Mk CITY OF YAKIMA I LE. 11 of -way will be Two -Family Residential (R-2) except thr the westernmost 100 feet thereof which will be Single -Family Residential (R-1) pursuant to YMC 0.5,22,060(F) which provides that where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. Properties n the, area to be vacated have the following zoning and land uses: Direction Zoning 1.and Use North Two -Family Rmidential (R-2) Golf Course Single -F ity Residential (RI) Golf Course South General Commercial (GC) Vacant Land bast Multi -Family Residential (R-3) Golf Course, Vacant Land West General Commercial (GC) Public Right -of -Way IX. Development Services Team. The Development Services Team meeting held on December 19, 2017, resulted in a comment from City Traffic Engineering which indicated that there was no issue with the vacation, but that it appeared that the property owner on the north side of the right-ollway should be receiving the propinty• rather than the applicant No City Divisions indicated that any planned or anticipated public putpose exists for maintaining the portion of public right-of-way that is proposed for vacation, X. Criteria for the Vacation of Street Riahtmf-Waim The hallowing five criteria set forth in YMC §14„21.050 are considered in determining the propriety and requisites of street right-of-way vacations: (I) The public benefit, reason fors and limitations of the proposed •right -of way vacation. The public benefit that would result from the proposed right-of-way vacation would he to relieve the City nom ever having to maintain an arm that previous RECEWED The Lodges in Wit. Yakima, LLC Vacation of Midvale to Right -of -Way West of South Ohs Avenue and South Of Westwood West Golf Course RWVON2-17; Petition No. 1719 6 MAR 8 20 i0 CITY OF YAKIMA LIMOO.... 12 land use decisions have indicated may never be used for a through street, The reason for the requested street vacation is to allow the applicant to utilize the area pursuant to a private casement for accew to an approved residential development south of the area proposed for vacation front exiffing improved road approach On South he Avenue. That access would he a safe and efficient location for acceas to and from South 64th Avenue for the approved development and possibly for future developments and would prevent the street from being used for through traffic between South 648' Avenue and South 12'd Avenue as rcquirmi by previous land use decisions, The proposed right -of way vacation would be limited to the 30-f t -wide stre,ct right-of-way west of South 64th Avenue that abuts the south boundary of Assessor's lax Parcel No 181329-11441 owned by Westwood West Golf Course, Inc (2) Whether the vacation of right-of-way would deny sole access to a public street or alley for any property. Inc riga-of-way involved in this request is not needed for access to any property because all of the property on both sides of the area to be vacated has access to either Ticton Drive or South 64th Avenue. (3) Whether the propiwal is consistent with existing plans of the city, such as the six-year transportation improvement plan, the urban arca comprehensive plan or other official city plans and policies. The requested street vacation will he consistent with the City's plans because there are no plans for improv ent of the subject Midvale Road right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. and improvement of the area for purposes of a through street would be contrary to previous land use decisions. (4) Whether the vacation is appropriate with existing and anticipated zoning and land use. The requested right-of-way vacation would not adversely affect any existing or anticipated development in the area. Upon vacation. title to the vacated area woutd vest in Westwood West Golf Course, Inc. as the nt owner of the property within the subdivision from which the right-of-way was originally obtained in a dedication on the face of the plat, Upon vacation, the vacated street right-of-way would have the Two -Family Residential (R-2) zoning of the abutting property on the north except for the westernmost 100 feet thereof which would have US Single-faffily Residential (RR) zoning 1,1ses allowed by the zoning of the properties on both sides of the va d area could access South 64th Avenue M the location of the existing improved approach to that street by way of ownership of the vacated area or private t ents over the vacated area if the requested street right-of-way vacation is granted, ECEWED The iffiges in West Yakima, N1 Vacation of Midvale Rd. Right -of -Way West of South 6471 Avenue and South Of Weston -end West ChM Course RW14002-17; Petition No. 17-09 MAR 0 8 ZU kb CITY IN FARM", 13 (5) Whether there are any public or franchised utilities in the right-of-way to be vacated and, if SOt whether they will be relocated, or whether an easement will need to be resumed. There are no public or franchised utilities in the right-of-way to be vacated. XL Compensation to the Citc. C §14.21.070(A)(4) ex pts the applicant and petitioners for this street vacation from having to pay compensation to the City for the vacated property because of •the following circumstances which are all present in this situation: "4. NO compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right-of-way as determined by the planning commisaion or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least live ye 6 CONCLU IONS Based on the Findings, (he Bearing Examiner reaches the following Conclusions: ) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1,43.08001) of the Yakima Municipal Code to conduct an open record pubilic hearing regarding an application, petition and resolution to vacate a public street ri Li -of -way areg and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion st t right-of-way have been completed in accordance with applicable statutes and ordinances. The Ledges in West Yakima, LLC Vacation of Midvale Rd, Right -of -Way West of South dr Avenue and South Of Westwood West Golf Con R ini02-17; Petition No, 17-09 14 () SEPA review was not required because street right-of-way vacations are categorically exempt from SEPA review. (4) A traffic analysis is not required for the requested street right-of-way vacation, (5) Since the applicantipendonem o 100% of the property abutting the Midvale Road right-ofiway area to be vacated, petition sighatures were obtained from the owners of the requisite two-thirds of the property abutting the area to he vacated. (6) The right-of-way to be vacated was originally dedicated along the south boundary of the Plat of Westwood West and should therefore all accrue to the abutting property to the north that is within that plat, (7) The Yakima Urban A Comprehensive Plan designates all of the property abutting the area to be vacated on the north as Mixed Residential except for the westernmost 100 feettherwif which is designated as Low Density Residential, which will become the Comprehensive Plan designations of the vacated property if the City Council grants this request. (8) The Yakima Urban Area Zoning Ordini ee classifies all of the property abutting the area to M vacated as MD -Family Residential (R-2) except for the westernmost 100 feet thereof which is classified as Single -Family Residential (R-1), which will become the zoning classifications of the vacated property if the City Council g ) ts this request. (9) No properties would be denied access M the public street system as a result of this righhohway vacation since all parcels will have frontage on a public street or access to a public street. (10) This request for street right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (11) No 'testimony or written comments were submitted in opposition to the requested street right-of-way vacation. (12) The requested street rightmf-way vacation Would not affect any public or chised utility lines because there are no public or franchised utility lines or other improvements located in the area to be vacated, (13) The requirements of RCW 35,79 and the Cityls five criteria governing the approval of public street right-of-way vacations have all been satisfied, RECEiVED Thal/atm in West Yakima, LLC Vacation of Midvale RP Mancof-Way West of South ete Avenue and South 01Wesoutoed West Golf Canine RW9002-17; Petition No 17-09 9 MCIIt TO iC CITY If YAKIttio I Lithh. nth 15 (14) YEIC §14..21.070(A1(4) provides that conmensation is not required tri he paid to the City for the area to be vacated under the circumstances presented by this request, (15) lf the Yakima City Council approves the requested right-of-way vacation, the vacated right-ofessay would belong to the ovum. of the abutting property to the north. Piestia d West Golf Course,. since the right-of-way was originally dedicated from that property within the Westwood West Plat. RECOMMENDATION The Hearing EXarniller recommends to the Yakima City Council that the portion of Midvale Road right-of-way lying west of Smith 6481 Avenue and south of Assessor's lax Parcel No. 181329-11441 owned by Westwood West Golf Course, Inc. as described in R. 4002-17, Petition No, 17-09 and Resolution No. R.-2018-005 should be vacated altd adtled to the property abutting the vacated area on the rtorth, subject to the following conditions: (I) A new legal description and survey required by C §14.21.110 shall he provided to the City. (2) Upon vacation, the vacated right-ofswey shall have the Comprehensive Plan designation of Mixed Residential except for the westernmost 100 feet thereof which shall have the designation of LOW Density Residential, and Riad have the main classification of Two -Family Residential (R-2) except for the westertammt 100 feet thereof which shall hEilie the zoning classificaticm or Single-Fainily Residential (R-1). DATED this day of March„ 2018. Tite Lodges in West Yakima, lAte Vaeation et :Midvale ad, Right -of -Way West of Sothh 64th AV011tbr and South Of Wedge -odd West Galt Course RWV W024 7; Petition No. 17-09 Gary Conner Hearing Esainitter tf FIECEivED th.4 1.) 8 ZUffi CiTY1Y YAKIrriu 2111 16 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC RWV#002-17 City Council Open Record Public Hearing April 17, 2018 Applicant: File Numbers: Site Address: Staff Contact: CHAPTER AA CHAPTER A CHAPTER B CHAPTER C CHAPTER D CHAPTER E CHAPTER F CHAPTER G EXHIBIT LIST The Lodges In West Yakima LLC RWV#002-17 Vic. of Midvale Rd & S 64th Ave Eric Crowell, Associate Planner Table of Contents Hearing Examiner's Recommendation Staff Report Vicinity Map Site Plan DST Review & Agency Comments Application Public Notices Supplemental Information 17 18 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation AA -1 Hearing Examiner's Recommendation 03/08/2018 City of Yakima, Washington Hearing Examiner's Recommendation March 8, 2018 In the Matter of an Application/Petition for Vacation of Street Right -of -Way Submitted by: The Lodges in West Yakima, LLC, Congdon Development Company, LLC And Westwood West Golf Course, Inc. To Vacate the Portion of Midvale Road Lying South of the Westwood West Golf Course and West of South 64th Avenue 19 RECEiVED MAR 0 8 2 018 CITY OF YAKIMA I RWV#002-17 Petition No. 17-09 Resolution No. R-2018-005 A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted an open record public hearing for this application/petition on February 22, 2018. (2) Associate Planner Eric Crowell presented the Planning Division staff report recommending approval of the requested street right-of-way vacation. (3) The representative of the applicant and of the property owners for this matter is Halverson Northwest Law Group P.C. Attorney Mark Fickes of that law firm submitted a legal Memorandum and testified in favor of the request. The applicant is The The Lodges in West Yakima, LLC Vacation of Midvale Rd. Right -of -Way West of South 64`11 Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 20 Lodges in West Yakima, LLC which has completed the purchase of the property south of the area proposed for vacation from Congdon Development Company, LLC since the petition was filed. The other petitioner and owner of the property abutting the area requested for vacation on the north side is Westwood West Golf Course, Inc. (4) No other testimony and no written public comments were submitted. (5) This street right-of-way vacation recommendation has been issued within ten business days of the hearing. B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of Midvale Road street right-of-way west of 64th Avenue and south of Assessor's Tax Parcel No. 181329-11441 which is owned by Westwood West Golf Course, Inc., subject to conditions. C. Basis for Recommendation. Based upon a view of the site without anyone else present on February 20, 2018; the staff report, exhibits, testimony and evidence presented at an open record public hearing on February 22, 2018; and a review of Chapter 35.79 of the Revised Code of Washington (RCW) and of the City of Yakima's street right-of-way vacation provisions in Chapter 14.21 of the Yakima Municipal Code (YMC); the Hearing Examiner makes the following: FINDINGS L Applicant/Petitioners/Property Owners/Representative. The applicant is The Lodges in West Yakima, LLC. The petitioners and the owners of the property abutting The Lodges in West Yakima, LLC Vacation of Midvale Rd. Right -of -Way West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 2 RECEIVED MAR 0 8 2018 CITY OF YAKIMA _2V 21 the area of the requested vacationwhen the petition was filed were Westwood West Golf Course, Inc. on the north side and Congdon Development Company, LLC on the south side. The Lodges in West Yakima, LLC has since then completed the purchase of the property on the south side and is the successor -in -interest to Congdon Development Company, LLC. The representative of the applicant and of the property owners for this matter is Halverson Northwest Law Group P.C., 405 East Lincoln Avenue, P.O. Box 22550, Yakima, Washington 98907. The representative of that law firm who testified at the hearing is attorney Mark Fickes. IL Description ofRight-of-WayVacation Request. The main aspects of this street right-of-way vacation request may be summarized as follows; (1) This is a request to vacate the 30 -foot -wide Midvale Road street right-of-way west of South 64th Avenue and south of Assessor's Tax Parcel No. 181329-11441 owned by Westwood West Golf Course, Inc. The petition was received by the City of Yakima Department of Community Development from Halverson Northwest Law Group P.C. on behalf of The Lodges in West Yakima, LLC on December 11, 2017. Since the petition was received, The Lodges in West Yakima, LLC, has become the property owner on the south side of the area to be vacated. (2) The stated purpose for the request is to allow a private easement to be established over the vacated area to be utilized for access from the existing road approach on South 64th Avenue to a high-quality apartment complex and development south of the area proposed for vacation which received preliminary approval from the City in an October 25, 2017, Decision and for other future development south of the area proposed for vacation. (3) The parcels adjacent to the street right-of-way are Assessor's Parcel Numbers 181329-11441 owned by Westwood West Golf Course, Inc. on the north and a portion of 181329-14422 now owned by The Lodges in West Yakima, LLC on the south. The Lodges in West Yakima, LLC Vacation of Midvale Ind, Right -of -Way West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 3 RECEIVED AR 0 8 2013 CITY OF YAKIM,k 1 =�4 feu DOC. INDEX 22 (4) The applicant, as successor -in -interest to one of the petitioners, and the other petitioner together own 100% of the property abutting the area requested for vacation. (5) The street right-of-way area requested for vacation has never been Unproved with curb, gutter or asphalt except for the road approach area on South 64t which which was part of the improvements to South 601 Avenue. The Congdon Orchards Rezone approved by Ordinance No. 2002-45 on August 20, 2002, prohibited this portion of Midvale Road from being used as part of a through City street in the future. (6) RCW 35.79.040 and YMC §14.21.080(A)(1) provide that vacated property shall normally belong to the abutting owners, one-half to each. YMC §14.21.080(A)(1) recognizes an exception where factual circumstances otherwise dictate a different division and distribution of the vacated property. Here the portion of Midvale Road requested for vacation was along the south boundary of the Plat of Westwood West and was dedicated from that subdivision. RCW 58.17.212 provides that when a portion of a subdivision is vacated, title to a vacated street along the boundary of the subdivision shall vest with the owner(s) of property within the subdivision. Vesting of title to the entire vacated area in the Westwood West Golf Course, Inc. property north of the vacated area as an exception to the general rule is also here in keeping with the wishes of the two abutting property owners. III. Notices. Notice of the hearing was given on January 16, 2018, when the Yakima City Council adopted Resolution No. R-2018-005 setting the hearing for February 22, 2018, and was also subsequently given more than twenty days before the hearing in the manner required by RCW 35.79.020 and in additional ways on the following dates: Posting of notice on the property: Publishing of notice in the Yakima Herald -Republic: Mailing of notice to the property owners within 300 feet: Posting of notice in three public places: January 25, 2018 January 29, 2018 January 29, 2018 February 1 & 2, 2018 IV. Hearing Examiner Jurisdiction, The Yakima Municipal Code provides in Sub- RECEiVED The Lodges in West Yakima, LLC 4 Vacation of Midvale Rd, Right -of -Way MAR 0 8 2018 West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 CITY OF YAKIMA 1 NV 23 section 1.43.080(H) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. V. Environmental Review. Street vacations are categorically exempt from State Environmental Policy Act (SEPA) review per WAC 197-11-800(2)(i) and Chapter 6.88 of the Yakima Municipal Code. VL Traffic Study. The City Traffic Engineer has determined that a traffic study is not required for this street right-of-way vacation request. VII. Comprehensive Plan. Street rights-of-way do not have a Comprehensive Plan designation. Upon approval of street right-of-way vacations, the vacated areas receive the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area Comprehensive Plan designates the property abutting the area to be vacated on the north to which the vacated area will accrue as Mixed Residential except for the westernmost 100 feet which is designated as Low Density Residential. If the City Council approves this requested street right-of-way vacation, the Comprehensive Plan designation of the vacated area will be Mixed Residential except for the westernmost 100 feet thereof which will be Low Density Residential. VIIL Zoning and Land Uses. Zoning for the vacated portion of Midvale Road right - The Lodges in West Yakima, LLC Vacation of Midvale Rd. Right -of -Way West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 5 RECEiVED MAR 0 8 20IU CITY OF YAKIMA LJ 711/ DOC. INDEX 24 of -way will be Two -Family Residential (R-2) except for the westernmost 100 feet thereof which will be Single -Family Residential (R-1) pursuant to YMC §15.22.060(E) which provides that where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. Properties near the area to be vacated have the following zoning and land uses: Direction Zoning Land Use North Two -Family Residential (R-2) Golf Course Single -Family Residential (R-1) Golf Course South General Commercial (GC) Vacant Land East Multi -Family Residential (R-3) Golf Course, Vacant Land West General Commercial (GC) Public Right -of -Way IX. Development Services Team. The Development Services Team meeting held on December 19, 2017, resulted in a comment from City Traffic Engineering which indicated that there was no issue with the vacation, but that it appeared that the property owner on the north side of the right-of-way should be receiving the property rather than the applicant. No City Divisions indicated that any planned or anticipated public purpose exists for maintaining the portion of public right-of-way that is proposed for vacation. X. Criteria for the Vacation of Street Right -of -Way. The following five criteria set forth in YMC §14.21.050 are considered in determining the propriety and requisites of street right-of-way vacations: (1) The public benefit, reason for, and limitations of the proposed right-of- way vacation. The public benefit that would result from the proposed right-of-way vacation would be to relieve the City from ever having to maintain an area that previous RECEIVED The Lodges in West Yakima, LLC Vacation of Midvale Rd. Right -of -Way West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 6 MAR I) 8 20 i8 WY OF 'YAKIMA M. INDEX 25 land use decisions have indicated may never be used for a through street. The reason for the requested street vacation is to allow the applicant to utilize the area pursuant to a private easement for access to an approved residential development south of the area proposed for vacation from an existing improved road approach on South 64th Avenue. That access would be a safe and efficient location for access to and from South 64th Avenue for the approved development and possibly for future developments and would prevent the street from being used for through traffic between South 64th Avenue and n South 72' Avenue as required by previous Mild use decisions. The proposed right-of- way vacation would be limited to the 30 -foot -wide street right-of-way west of South 64th Avenue that abuts the south boundary of Assessor's Tax Parcel No. 181329-11441 owned by Westwood West Golf Course, Inc. (2) Whether the vacation of right-of-way would deny sole access to a public street or alley for any property. The right-of-way involved in this request is not needed for access to any property because all of the property on both sides of the area to be vacated has access to either Tieton Drive or South 64th Avenue. (3) Whether the proposal is consistent with existing plans of the city, such as the six-year transportation improvement plan, the urban area comprehensive plan or other official city plans and policies. The requested street vacation will be consistent with the City's plans because there are no plans for improvement of the subject Midvale Road right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies, and improvement of the area for purposes of a through street would be contrary to previous land use decisions. (4) Whether the vacation is appropriate with existing and anticipated zoning and land use. The requested right-of-way vacation would not adversely affect any existing or anticipated development in the area. Upon vacation, title to the vacated area would vest in Westwood West Golf Course, Inc. as the current owner of the property within the subdivision from which the right-of-way was originally obtained in a dedication on the face of the plat. Upon vacation, the vacated street right-of-way would have the Two -Family Residential (R-2) zoning of the abutting property on the north except for the westernmost 100 feet thereof which would have its Single -Family Residential (R-1) zoning. Uses allowed by the zoning of the properties on both sides of the vacated area could access South 64th Avenue in the location of the existing improved approach to that street by way of ownership of the vacated area or private easements over the vacated area if the requested street right-of-way vacation is granted. 7:1 ECEiVED The Lodges in West Yakima, LLC Vacation of Midvale Rd. Right -of -Way West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 7 MAR 0 8 2188 CITY OF YAKIMA 26 (5) Whether there are any public or franchised utilities in the right-of-way to be vacated and, if so, whether they will be relocated, or whether an easement will need to be reserved. There are no public or franchised utilities in the right-of-way to be vacated. XL Compensation to the City. YMC §14.21.070(A)(4) exempts the applicant and petitioners for this street vacation from having to pay compensation to the City for the vacated property because of the following circumstances which are all present in this situation: "4. No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right-of-way as determined by the planning commission or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least five years." CONCLUSIONS Based on the Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding an application, petition and resolution to vacate a public street right-of-way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion of street right-of-way have been completed in accordance with applicable statutes and ordinances. The Lodges in West Yakima, LLC Vacation of Midvale Rd. Right -of -Way West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 8 viECEiVED M4 08 21.1i0 CITY OF YAKIMA Lij n!V 27 (3) SEPA review was not required because street right-of-way vacations are categorically exempt from SEPA review. (4) A traffic analysis is not required for the requested street right-of-way vacation. (5) Since the applicant/petitioners own 100% of the property abutting the Midvale Road right-of-way area to be vacated, petition signatures were obtained from the owners of the requisite two-thirds of the property abutting the area to be vacated. (6) The right-of-way to be vacated was originally dedicated along the south boundary of the Plat of Westwood West and should therefore all accrue to the abutting property to the north that is within that plat. (7) The Yakima Urban Area Comprehensive Plan designates all of the property abutting the area to be vacated on the north as Mixed Residential except for the westernmost 100 feet thereof which is designated as Low Density Residential, which will become the Comprehensive Plan designations of the vacated property if the City Council grants this request. (8) The Yakima Urban Area Zoning Ordinance classifies all of the property abutting the area to be vacated as Two -Family Residential (R-2) except for the westernmost 100 feet thereof which is classified as Single -Family Residential (R-1), which will become the zoning classifications of the vacated property if the City Council grants this request. (9) No properties would be denied access to the public street system as a result of this right-of-way vacation since all parcels will have frontage on a public street or access to a public street. (10) This request for street right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (11) No testimony or written comments were submitted in opposition to the requested street right-of-way vacation. (12) The requested street right-of-way vacation would not affect any public or franchised utility lines because there are no public or franchised utility lines or other improvements located in the area to be vacated. The Lodges in West Yakima, LLC 9 Vacation of Midvale Rd. Right -of -Way West of South 64th Avenue and South s, 0 0 rU 10 Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 t OC. NDEX (13) The requirements of RCW 35.79 and the City's five criteria governing the approval of public street right-of-way vacations have all been satisfied. RECEiVED MY OF YAKIMA 1 LILL ri".V 28 (14) YMC §14.21.070(A)(4) provides that compensation is not required to be paid to the City for the area to be vacated under the circumstances presented by this request. (15) If the Yakima City Council approves the requested right-of-way vacation, the vacated right-of-way would belong to the owner of the abutting property to the north, Westwood West Golf Course, Inc., since the right-of-way was originally dedicated from that property within the Westwood West Plat. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the portion of Midvale Road right-of-way lying west of South 64th Avenue and south of Assessor's Tax Parcel No. 181329-11441 owned by Westwood West Golf Course, Inc. as described in RWV#002-17, Petition No. 17-09 and Resolution No. R-2018-005 should be vacated and added to the property abutting the vacated area on the north, subject to the following conditions: (1) A new legal description and survey required by YMC §14.21.110 shall be provided to the City. (2) Upon vacation, the vacated right-of-way shall have the Comprehensive Plan designation of Mixed Residential except for the westernmost 100 feet thereof which shall have the designation of Low Density Residential, and shall have the zoning classification of Two -Family Residential (R-2) except for the westernmost 100 feet thereof which shall have the zoning classification of Single -Family Residential (R-1). DATED this 8th day of March, 2018. The Lodges in West Yakima, LLC Vacation of Midvale Rd. Right -of -Way West of South 64th Avenue and South Of Westwood West Golf Course RWV#002-17; Petition No. 17-09 10 Gary M. Cuillier, Hearing Examiner RECEIVED MAR 0 8 ZUrd MY OF YAKIMA DOC. INDEX 29 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC RWV#002-17 EXHIBIT LIST CHAPTER A Staff Report A-1 Staff Report A -la: Addition to Staff Report 02/22/2018 30 p arirhOnF YiAnKiNd February 21, 2018 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2' Floor, Yakima, WA 98901 ask. planning@yakimawa. gov www.yakimawa.gov/services/planning Re: Addition of VII (E) to Staff Report A staff report was submitted to the Hearing Examiner on February 16, 2018 for a Right -of -Way Vacation (RWV#002-17) scheduled for a public hearing on February 22, 2018. In preparing for the hearing, it was determined that one of the five criteria that must be met to grant a vacation petition was excluded from the staff report. While it does not change the outcome of the Planning Division's recommendation, it is important to include it. The following would otherwise be listed under VII (E) in the Planning Division's staff report: Existing utilities (public and franchised) should be relocated at the developer's expense or an adequate easement provided. Where appropriate, if existing utilities are deemed unnecessary, this requirement may be waived. Petitioner Response: There are no public or franchise utilities in the right-of-way and none are contemplated. Staff Response: As there are no utilities currently located within the right-of-way to be vacated, the relocation of utilities is not required for this proposal. Eric Crowell Associate Planner Yakima rot I YtFYA IM DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning 31 CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, & RECOMMENDATION for PETITION FOR RIGHT-OF-WAY VACATION Application File: RWV#002-17 PETITIONER: Halverson Northwest for The Lodges in West Yakima LLC REQUEST: Proposed public right-of-way vacation in the vicinity of Midvale Rd. and S. 64th Ave. PROJECT LOCATION: Vicinity of Midvale Rd. and S. 64th Ave. PARCEL NUMBER(S): 181329-11441 & -14422 DATE OF REQUEST: December 11, 2017 DATE OF HEARING: February 22, 2018 STAFF CONTACT: Eric Crowell, Associate Planner I. DESCRIPTION OF REQUEST: The applicant is requesting to vacate a portion of public right-of-way in the vicinity of Midvale Rd. and S. 64th Ave., extending to the western boundary of parcel number 181329-11441, located in the General Commercial (GC), Single -Family Residential (R- 1), and Two -Family (R-2) zoning districts. II. SUMMARY OF RECOMMENDATION: From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Comprehensive Plan 2040, the Yakima Urban Area Zoning Ordinance, and RCW 35.79, Planning Staff makes the following: FINDINGS: A. Background: On December 11, 2017, the City of Yakima Department of Community Development received a petition from Halverson Northwest on behalf of The Lodges in West Yakima LLC for the vacation of a portion of right-of-way. The proponent has requested this vacation for the purpose of recording an easement over the vacated IOC. fNDEX *-I Yakima 2015 1994 32 right-of-way in order to provide access on the eastern side of a future multi -phase apartment development. There are no future City plans for development of the subject right-of-way. The Congdon Orchards Rezone, approved under Ordinance No. 2002-45 on August 20, 2002, adopted language prohibiting the improvement of Midvale Rd. into a drivable public street unless property owners in the vicinity of S. 72nd Ave. currently using Midvale Rd. for access desire to improve it for their benefit along their respective frontages. B. Hearing Examiner Authority: The Hearing Examiner has jurisdiction to conduct public hearings on petitions and resolutions to vacate streets and public right-of-way pursuant to RCW Ch. 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the City Council (YMC § 1.43.080(H)). C. Urban Area Zoning Ordinance: Technically, street rights-of-way are not designated with an underlying zoning district. However, upon vacation they become zoned the same as the properties to which they are immediately contiguous. In this case, the contiguous zoning is General Commercial (GC), Single -Family Residential (R-1), and Two -Family Residential (R-2). The entire portion of Midvale Rd. to be vacated will be zoned GC, R-1, and R-2 upon vacation, consistent with the zoning that is currently located along the right-of-way. D. Yakima Comprehensive Plan 2040: Street rights-of-way do not contain an underlying Comprehensive Plan designation. Upon vacation they will obtain the same Comprehensive Plan designation as the properties to which they are immediately contiguous. The subject portions of right-of-way, once vacated, will have a Future Land Use Designation of Commercial Mixed Use, Low Density Residential, and Mixed Residential. E. Revised Code of Washington (RCW) 35.79: This chapter of state law stipulates the state's requirements for the process of vacating street right-of-way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. State law provides that the property within the limits to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area (RCW § 35.79.040). IV. ZONING AND LAND USE The property being vacated is considered public right-of-way and surrounding properties have the following characteristics: Direction Zoning Land Use North Single -Family Residential (R-1) Golf Course Two -Family Residential (R-2) Golf Course South General Commercial (GC) Vacant Land The Lodges in West Yakima LLC 1 Congdon Development Co. LLC RWV#002-17 DOC. INDEX 2 East Multi -Family Residential (R-3) Golf Course, Vacant Land West General Commercial (GC) Public Right -of -Way 33 V. DEVELOPMENT SERVICES TEAM (DST) REVIEW On December 19, 2017, a DST meeting was held to discuss the possible impacts of this vacation. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed: A. Traffic Engineering: No issue with the vacation but it would appear that the property owner on the north side of the right-of-way should be the one receiving the property, not the requestor. VI. PUBLIC USE OF THE RIGHT-OF-WAY The subject portion of Midvale Rd. to be vacated is completed unimproved on the surface. No curb, gutter, or asphalt are located on this portion of right-of-way, except for curbing and asphalt located at the intersection of Midvale Rd. and S. 64th Ave. VII. CRITERIA FOR VACATION OF RIGHT-OF-WAY YMC Ch. 14.21 provides specific guidelines for right-of-way vacations. These guidelines include five criteria that must be met in the granting of vacation petitions. They are as follows: A. The petition must explain the public benefit of the project, the reasoning of the proposed vacation, and the limits of the vacation. Petitioner Response: The public benefit is the right-of-way will never be used by the City for a through street, but it may be suitable for driveways, landscaping and access to 64th Avenue consistent with as -built improvements and the City's approval of the Project. Staff Response: As it will never be improved into a public street, vacating this portion of Midvale Rd. will benefit the public by allowing access to properties adjacent to the length of the vacation taking place. B. The vacation of right-of-way does not deny sole access to any property. Petitioner Response: The vacation does not deny sole access to a public street for any property and may provide the owners additional or alternative access to 64th Avenue as property is developed in the future. Staff Response: It has been determined that no sole access will be prohibited due to this right-of-way vacation. This section of Midvale Rd. is not currently used as a public street and will actually be more accessible upon vacation once improvements are made to turn it into a driveway. The Lodges in West Yakima LLC / Congdon Development Co. LLC RWV#002-17 DOC. iNDEX 3 34 C. Petitions should be consistent with the Six -Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies. Petitioner Response: The proposal is consistent with existing plans of the City. No public improvements are contemplated in any Transportation Improvement Plan and land use decisions prohibit its use as a through road. Staff Response: The current Transportation Improvement Plan (TIP) indicates no planned improvements are to be done to the right-of-way that is to be vacated. The Congdon Rezone approved by City Council in 2002 prohibits Midvale Rd. from being improved into a drivable street, aside from a portion in the vicinity of S. 72nd Ave. that is currently used to access several homes. D. Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. Petitioner Response: Vacation of the right-of-way is appropriate with existing zoning and land use. Upon vacation, the right-of-way would maintain the zoning designation of R-2 consistent with the property to the north. The property to the north and south are both suitable for multifamily development and a portion of the vacated right-of- way would provide legal development secondary access to 64th Avenue via private improvements. Staff Response: There is no anticipated development that would be adversely affected by this vacation. The multi -family project south of the proposed vacation will access the east side of their property through the vacated portion of Midvale Rd. VIII. COMPENSATION A. YMC § 14.21.070(4) states, "No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right- of-way as determined by the planning commission or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least five years." During the DST meeting, no City divisions indicated planned improvements for the subject portion of right-of-way along Midvale Rd. (a copy of the six-year Transportation Improvement Plan can be found in the file). No compensation will be required to be paid to the City due to the fact the City has not been involved in the maintenance and does not plan to update the subject portion of right-of-way due to language in the Congdon Rezone prohibiting the City from doing so. IX. TRAFFIC STUDY A. The City of Yakima Traffic Engineer has determined that a traffic study is not required for this right-of-way vacation. X. ENVIRONMENTAL REVIEW A. Street vacations are categorically exempt from SEPA review (WAC 197-11-800(2)(i) and YMC Ch. 6.88). XL PUBLIC NOTICE The Yakima City Council set the date of this public hearing for street vacation on The Lodges in West Yakima LLC / Congdon Development Co. LLC RWV#002-17 4 35 January 16, 2018, by Resolution No. R-2018-005, in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following manner: Posting of property January 25, 2018 Adjoining property owners notified January 29, 2018 Legal ad published January 29, 2018 Posting in three public places February 1 & 2, 2018 XII. CONCLUSION 1. Petition signatures for this vacation were obtained from the necessary two-thirds of the property owners fronting this vacation. 2. The subject right-of-way was dedicated to the County of Yakima by the Westwood West subdivision, recorded June 3, 1965. 3. If this request is approved, the vacated right-of-way will be zoned GC, R-1, and R-2. 4. No properties will be denied sole access to the public street system by vacating this right-of-way. 5. The petition for vacation of this public right -of way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 6. The intended use of the property, once vacated, will benefit the general public as it will be able to be improved into a driveway to access adjacent properties along the length of the vacation. 7. A traffic study for this proposal was not required. 8. All necessary requirements for street vacations in RCW 35.79 are met. 9. Compensation to the City is not required for this right-of-way vacation, in accordance with YMC § 14.21.070(4). 10. No letters were received in opposition to this proposal. XIII. RECOMMENDATION The Planning Division recommends that the petition for the vacation of platted right-of- way adjacent to land owned by The Lodges in West Yakima LLC and Westwood West Corporation be approved, subject to the following conditions: A. The vacated right-of-way shall be zoned GC, R-1, and R-2. The Lodges in West Yakima LLC / Congdon Development Co. LLC RWV#002-17 9CC. INDEX 5 36 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC RWV#002-17 EXHIBIT LIST CHAPTER B Vicinity Map VICINITY MAP File Number: RWV#002-17 Project Name: THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC Site Address: VIC. OF MIDVALE RD & S 64TH AVE �►■ I ■ av&iL #7,1 1tXX AWE 1% P I dn'11 r'ib g Tic 4i,ti L 1 1_1_1_ 1 Y c l1. i L sl •r r • 'vVr sts c d Y e'est Golf Course -Trtl,•, .... Proposal: Vacate a portion of Midvale Rd that extends west of S 64th Ave. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. Date Created: 12/12/2017 DOC. 38 THE LODGES IN WEST YAMMA LLC / CONGDON DEVELOPMENT CO LLC -17 EXHIBIT LIST CHAPTER C Site C-1 Site Plan 12/11/2017 2 Moo 181329-11410 VVESTVVOOD WEST CORPORATION 181329-11441 NE CDR., SEC, 29, 1213N.,R.15E., 2 1/2" 9C FOUND IN CASE SEE LCR11M-12.3-1---- , PUBLIC GOLF COURSE)/ Wain NVEGIT' , liti=,61 6) 151329-1141 50 0 26 op 151329 -1441e• (6226 E 1/4 CORE SEC, 29, Lc. 6640 06, 2.13NER.18E., W.M. MF 666MM 2 1/2" AC FOUND IN CASE SEE LCR .1M-1542 0 1 m 1 RECEIVED DEC -/ COM CITY OF YAKIMA ELM_ IC DOM DOC. INDEX Yakima County GIS - Washington Land Information Portal Erm 40 'Print Mapl 'Close Map], 30' right-of-way to be vacated 1 Map Center: Range:18 TownShip:13 Section:29 City Limits =Sections 4tAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BO ACCURACY -IS NOT GUARANTEED; THIS IS NOT A LEGAL DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION 2917 Cam Photography WWW.YAKIMAP.COM Yakima County GIS ‘14er..._ 128 N 2nd Street Yakima, WA 98901 7,‘(509)574-2992 One Inch = 300 Feet RECEIVED DEC ' ! 2017 CITY OF YAKIMA nnt Feet 200 400 Copynght (C) Yaklma County GIS Punted On: 3131/2017 9:60:42 AM CDOC. MDEX 41 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC RWV#002-17 EXHIBIT LIST CHAPTER D DST Reviewew & AgencyComments D-1 D-2 DST Request for Comments Comments from Joe Rosenlund, Streets & Traffic Operations Manager 12/15/2017 12/19/2017 ri CITY OF YAKI 1-# annin A DST COMMENTS Project Name: The Lodges In West Yakima LLC / Congdon Development Co LLC File Number: RWV#002-17 42 ON SOC. INDEX * 7-e 43 Plahon ying To: From: Subject: Applicant: File Numbers: Location: Parcel Number(s): DST MEETING DATE: City of Yakima Development Services Team Request For Comments December 15, 2017 City of Yakima Development Services Team Eric Crowell, Associate Planner Request for Comments The Lodges in West Yakima LLC RWV#002-17 Vic.. of Midvale Rd. & S. 64th Ave. 181329-11441 & -1141 12/19/2017 Proposal____ Vacate a portion of Midvale Rd. that extends west of S. 64th Ave, Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be, held December 19, 2017 at 2:00 p.m As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is eric.crowell@yakimawa.gov 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) 576-6736. Comments: Contact Person Department/Agency OC. NDEX V. 44 THE LODGES I / CONGDON DEVELOPMENT CO LLC RWV#002-1 EXHIBIT LIST CHAPTER E Application Application for Right -of -Way Vacation 12/11/2017 E-2 Application Exhibits — Decision Documents for Proposed 12/11/2017 Apartments at 900 S 64th Ave E -2a: Notice of DNS (SEPA#019-17) E -2b: Notice of Decision (CL2#014-17 & PSP#019-17) JOS It Pali I COY OF YAKIMA ning DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, & DECISION for REQUEST FOR SHORT SUBDIVISION & TYPE (2) REVIEW File Numbers: CL2#014-17, PSP#004-17, SEPA#019-17 APPLICANT: APPLICANT ADDRESS: PROPERTY OWNER: PROPERTY OWNER ADDRESS: PROJECT LOCATION: TAX PARCEL NUMBER: DATE OF REQUEST: DATE OF DECISION: STAFF CONTACT: Congdon Development Company LLC P.O. Box 2725, Yakima, WA 98907 Congdon Development Company LLC P.O. Box 2725, Yakima, WA 98907 Vicinity of 900 S. 64th Ave. 181329-13406, -14401, & -14410 June 8, 2017 October 25, 2017 Eric Crowell, Associate Planner 1. DESCRIPTION OF REQUEST: REtEiVED DEC 1 .1 2017 CITY OF YAKIMA The City of Yakima Planning Division has received a Preliminary Short Plat application from Congdon Development Company LLC. The property owner is requesting to subdivide one of the subject property's three parcels into six lots, ranging in size from approximately 1.07 acres to 8.04 acres. The intent is to construct a three-phase apartment complex across three of the new parcels that will have a total of 438 units with 674 parking spaces, located in the General Commercial (GC) zoning district. It. SUMMARY OF DECISION: Based upon a review of the site, matters contained in the application, Development Services Team (DST) comments, a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Subdivision Ordinance, Title 12 Development Standards, and the Findings and Conclusions herein, the City of Yakima Zoning and Subdivision Administrator has approved this application, subject to conditions. FACTS: A. History 1. The Hearing Examiner's initial recommendation regarding the Congdon rezone (RZ#001-02) was rendered on April 30, 2002. 2. The Hearing Examiner's revised recommendation was rendered on July 9, 2002. Yaklma 2015 19 DOC94 INDEX E 46 3. City Council athe Hearing Examiner's revised recommendation on August 20, 2002, which included conditions that apply to this current proposal, namely buffering and structure setbacks. B. Processing 1. The apptication for a Preliminary Short PIat, Type (2) Review, and Environmental Review (SEPA) was received on June 8, 2017. 2. The app!ication was deemed complete for processing on August 4, 2017. 3. This application is being processed underthe provisionsofCh.14.15 (Short Subdivision), Ch. 15.14 (Type (2) Review), and Ch. 6.88 (SEPA). 4. Public Notice: Pursuant hoYMC § 14.15.040--Notioe Requirements and YMC § 16.05.01--Pub|ic Notice: a. Notice of Land Use Action signs were posted on the property on July 6, 2017. b. A Notice of Application was sent to the applicant and adjoining property owners within 300 feet of the subject property on August 7, 2017. c. The public comment periodforU1isepp|icationendedonAuoust28' 2017, and six comments from the public were received, with most concerns related to traffic, sitescreening, and potential school overcrowding. 5. Environmental Review: This application was required to undergo State Environmental Policy Act (SEPA) review because it proposes to add more than 20 dwelling units and more than 40 paved parking stalis. Notice was mailed on August 7, 2017, and the public comment period ended August 28, 2017. Six comments were received. A Determination of Non -Significance (DNS) is being issued concurrently with this decision and is incorporated herein. 6. Transportation Concurrency: The applicant applied for Transportation Concurrency (TC0#012-17) on June 6, 2017, and was approved for Concurrency Analysis on June 13, 2017. The development wili not exceed the PM peak hour capacity of the city arterial street system and reserve capacity exists on all impacted streets. A trip generation report flnalized by Sunburst Engirieeririg in April 2017. It concluded that during the AM peak hour, at 0.43 trips per dwelling unit, 187 trips would be ganerated, and during the PM peak hour, at 0.54 trips per dwelling unit, 238 trips would be generated. 7. The proposal was reviewed by the City's Development Services Team (DST) on June 20, 2017. Final comments of the DST meeting are integrated into this decision. C. Current Zoning and Land Use: 1. The subject property is approximately 20 acres, is zoned General Commercial West Valley Lodges — Congdon Development CompaRECEIVED �«ECEUVED C12#O14-/7,P3P#004-17,8EP4#019'17 DEC yOi7 ^~^ CITY OF YAKIMA (GC), and is currently agricultural land. 2. The surrounding properties contain uses and zoning as follows: Direction Zoning Land Use North Single -Family Residential (R-1) Single -Family Dwellings Two -Family Residential (R-2) Golf Course South General Commercial (GC) Bank, Drug Store, General East West Single -Family Residential (R-1) General Commercial (GC) Multi -Family Residential (R-3) Single -Family Residential (R-1) Retail, Restaurant Church, Single -Family Dwellings, Vacant Land Agricultural Land, Vacant Land Agricultural Land Church, Mini -Storage, Single -Family Dwellings 47 D. Written Narrative: Pursuant to YMC § 15.14.030, the applicant has requested this Class (2) Review and Preliminary Short Plat in order to subdivide one of the subject property's three parcels into six lots and on three of those six lots construct a three- phase apartment development that at full build -out will have 438 units with 674 parking spaces, and has provided the following statements explaining the applicant's reasons for the Class (2) Use and Preliminary Short Plat: 1. Type (2) Review Narrative: a. Fully describe the proposed development, including number or dwelling units and parking spaces. if the proposal is for a business. describe hours of operation. cava per week, and all other relevant information related to the business. This project consists of two parts. The first part is the construction of a 438 unit apartment complex on approximately 20 acres and the second part is the creation of a 6 -lot short plan (upon the completion of a minor boundary line adjustment) that will encompass approximately 27 total acres. The zoning of the property is General Commercial (GC) which permits the apartment complex and short plat as Class 2 Review projects. The minor boundary line adjustment is permitted as Class 1 Review that is processed administratively and is proposed to be submitted, if the project is approved. The project lies approximately 700 feet north of Nob Hill Boulevard and stretches between South 64th Avenue and South 72nd Avenue, within the City Limits of Yakima, Washington. As proposed, the 438 unit apartment complex will be constructed in three phases. Phase 1 will be approximately 8 acres and consists of 150 units and 262 parking spaces. Phase 2 will be approximately 7 acres and consists of 150 units and 211 parking spaces. Phase 3 will be approximately 5 acres and consists of 138 units and 201 parking spaces. The zoning ordinance requires RECEIVED West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 DEC 1 2017 DOC'. etTY OF YAKIMA INDEX # 48 1.5 parking spaces per unit. That equates to a total of 657 parking spaces. This project proposes 674 parking spaces, which is 29 more than required. Generally, each phase of the development will have a different number of individual apartment structures located within the phase. The smaller units will have 17,460 square feet throughout the three stories and the larger units will have 28,614 square feet throughout its three stories. Phase 1 will have 6 individual apartment buildings located within it and consist of 3 small units and three large units. Phase 1 will also contain an approximate 3,150 square foot office/exercise room (approximately 30' x 1059, outdoor swimming pool and a 4,950 square foot accessory on-site maintenance storage building (45' x 1109. Phase 2 will have 6 individual apartment buildings located within it of which 3 will be small units and 3 will be large units. Phase 3 will have 5 individual apartment buildings located within it of which 3 will be small units and 2 will be large units. Continuous access is proposed through the project from South 64th Avenue to South 72nd Avenue. The driveway portion of the combined access way is proposed to be 30 feet wide with 19 foot deep parking stalls on each side for a total combined width of 68 feet. A separate private agreement will be prepared and recorded with the County Auditor for the project that permits reciprocal use of each lot within the development for such items as access, parking, utilities, storm water, landscaping, recreational opportunities and other common features of the project. A full-time manager will reside on-site and actively participate in the day-to- day activities of maintenance and fulfilling rental requests. The manager's office will generally be open Monday through Friday 7:30 am to 5:30 pm and available for emergency requests. No specific signage is proposed for the project at this time however, any signage proposed in the future will comply with signs permitted in the General Commercial zoning district. It can be expected that the signs will be located near the access points to the property along South 64th & south 72nd Avenues, if any are eventually erected. It is the desire of the proponent to be able to place each phase of the apartment complex on individual parcels for financing purposes. This wN result in the need for 3 lots for this purpose. Those 3 lots are identified as Lots 4, 5, and 6 on the attached short plat exhibit. Lot 1 is proposed to be approximately 1.5 acres in size, Lot 2 is proposed to be approximately one acre and Lot 3 is proposed to be approximately 4.5 acres in size. Thus, the total project area of the apartment complex and the 3 vacant lots within the short plat is approximately 27 acres. This application seeks approval of the Type 2 Review for the apartment complex and the 6 -lot short plat. The minor boundary line adjustment application will be submitted if the Class 2 Review and short plat applications are approved. West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 Doe 49 b. How is the Proposal compatible to neighboring properties? Upon completion of the project, most of the adjoining neighboring property in this area will continue to be used for agricultural purposes (south and east) or seasonally for recreational purposes (north). The proposed use is compatible with these two land uses because there are no adverse impacts between residential property and low -impact agriculture (alfalfa) and recreational lands (golf course). Approximately the western two-thirds of the north property line adjoins existing residential properties. This area is developed with single-family residential uses. The proposed use is compatible with these land uses because it too is residential in nature and not commercial. Residential uses are generally more compatible with one another than commercial uses, provided adequate measures are taken to mitigate adverse impacts. In this instance, the entire north property line is planted with dense growing trees that provide visual separation between the existing residential uses and the proposed use. This helps promote compatibility between the existing residential properties and proposed use. This project proposes to have access at two locations, South 64th Avenue and South 72nd Avenue. No access is proposed through the existing neighborhoods lying to the north, thus keeping traffic generated by this proposal out of the established neighborhood. The existing residential neighbors lying north of the proposal have access either directly to Tieton Drive or South 72nd Avenue, so there will be no mixing of traffic between the existing and proposed use. This also promotes compatibility between the uses by using the existing transportation system to separate the traffic generated by this development around the existing residential neighborhood. Lastly, this project has been designed to keep many of the undesirable aspects of development away from the adjoining residential neighborhood to the north. The proposal is linear from east to west with the backyards of the new structures north facing. The front yard, driveway and parking areas, where most activities will occur, will be south of the northerly buildings which will keep adverse impacts such as noise, traffic, light and other visual impacts away from the existing developed residential neighborhood. This project design promotes compatibility because it places the most intensive impacts of the project south of the northern buildings and limits these impacts to the interior of the development. This project will also have the same positive impact described above on the undeveloped commercial property lying to the north, east and west. c. What mitigation measures are proposed to promote compatibility? This project proposes several mitigation measures to promote compatibility where it is needed. Mitigation measures to the north include retaining the existing tree line along the north property line. The trees are currently very mature and provide adequate visual buffering between the proposed use and West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 FiECEiVED DEc 20[7 CITY OF YAKIMA , r 50 the existing neighborhood. Additional landscaping on the subject property will provide additional buffering of visual impacts. Access to the site has been limited to two road approaches. The road approaches will be boated on South 64th Avenue and South 72nd Avenue. These locations will keep the traffic generated by this development within the development and will not direct any traffic through existing residential neighborhoods but directly onto arterials. Currently, there is an undeveloped right-of-way lying along the north property line of the project site, between the project and the established residential neighborhood, to the north. The Yakima County GIS website identifies this unimproved right-of-way as Midvale Road. The proponent has no intention of improving this right-of-way, nor using it for vehicle access, other than maintenance purposes. In fact, if this project is successful, it is likely that the proponent will request that the portion of the Midvale Road (not currently being used for access to existing residences from South 72nd Avenue) be vacated and incorporated into the project. The above paragraph is included in this application because it is the intent of the proponent to provide a substantial setback and additional buffering, between the existing residential neighborhood to the north and this project. This will be accomplished by constructing the structures at least 90 feet south of the northern right-of-way line of Midvale Road. This will provide additional distance between the existing residences north of the project and the proposed structures. The 90 foot wide area On the apartment property is proposed to be completely landscaped and planted in lawn, shrubs and trees. In addition to the landscaped area, the entire north property line will be fenced to prevent trespass and define the limits of the project. The proponent is proposing the installation of a 6 -foot high decorative open rail fence to promote additional compatibility between adjoining residential uses and the apartment project. Areas of the property to the west, south and east will comply with the standard site -screening requirements listed within the zoning code. d How Is your proposal consistent with current zoning of your property? This proposal is consistent with the current zoning of the property because it meets or exceeds all development standards in the zoning ordinance. This project is compliant with all development standards such as building setbacks, site -screening, height restrictions, impervious surface coverage and parking standards. No variances or adjustments have be requested. A small portion of the project lies within the Yakima Airport Overlay District near the eastern portion of the property along South 64th Avenue (see site ECEiVED West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 DEC ZOT/ CITY OF YAKIMA LJ LV DOC! INDEX 51 plan). This requires that no structures within the Airport Overlay District be constructed higher than 35 feet. The proponent is aware of this restriction and the structures proposed in this area will not exceed 35 feet in height. The project also meets many of the goals and policies of the comprehensive plan regarding high-density residential housing in the Land Use section of the comprehensive plan. A few of the goals and policies that pertain to this project are listed below [emphases the applicant's]: Goal 3.1 — Provide broad distribution of housing in Yakima that meets the affordability and neighborhood design of the public. Policy 3.1.t 3 — Provide high-density residential as a transitional use between commercial/office and medium density residential areas. Policy — Development shall be located along arterials or collector streets and should have good access to public transit. Goal 3.3 — Preserve existing neighborhoods. Policy 3.3 2— Ensure new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. This proposal has been designed to provide high-density residential housing as a transition between many of the existing residential uses to the north and the future commercial areas to the south. The project has direct access to surrounding arterials, as well as access to public transit. This project is intended to be developed in a compatible scale, style, density and aesthetic quality that meets or exceeds the established neighborhood to the north by providing additional setbacks, site -screening fencing and an interior project design to mitigate adverse impacts to surrounding residential neighborhoods. e. How is your proposal consistent with users and zoning of neighboring properties? The proposal is consistent with users and zoning of neighboring properties because this project is a residential project and may be approved through the Class 2 Review process. Class 2 Uses are generally permitted in the zoning district subject to site plan review for compatibility. In this case, the proponent has exceeded the zoning code site -screening standards and setback standards along the north property line to promote compatibility between the existing and proposed uses. This project will act as a buffer between most of the existing residences lying north of the proposal which are located within the Single-family Residential Zoning District and those uses that can be permitted in the General Commercial Zoning District (GC). Since the subject property is zoned GC, a plethora of incompatible land uses such as fast food restaurants, auto -related ri ECEiVED West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 DEC 2017 CITY OF YAKIMA oFKLV DOC.7 INDEX 52 services and other commercial services could located at this location. This project will provide a buffer between many of the existing residential users to the north and protect them from the adverse impacts of the commercial activity that is likely to locate south of this project. A portion of Westwood West Goff Course, a recreational use, adjoins this project along the north as well. That property is zoned Two-family Residential (R-2) and is relatively compatible with the zoning of this property as it is the current use of the property. Property to the east, across South 64th Avenue is zoned Multi -family Residential (R-3) and is planted in alfalfa and hops. This proposed project is actually a multi -family development and is consistent with the current property use of agriculture and the future land use and zoning of property lying to the east. A new south property line is proposed to be established by a short plat exemption, otherwise known as a boundary line adjustment. This BLA will establish the south property line mostly along the existing alfalfa field which also lies within the GC zoning district. The current use of the property and future commercial use of the property will be consistent with one another as multi -family development and commercial zoning districts are generally compatible with one another. At the time of application preparation, a commercial project was just getting started near the southeast corner of this proposal. The project is a proposed medical facility and is also compatible with multi -family residential housing. As part of this project, a short plat is proposed after the BLA is completed. The short plat will create 6 lots. Three of the lots will be used for the three phases of the development and three of those lots will be located at the west end of the subject property. These lots will separate the residential users located lying on the west side of South 72nd Avenue (within the R-1 Zoning District) from this project and will promote consistency between the users and zoning districts. f. How is vour proposal in the best interest of the rontrrturiltv7 The proposal is in the best interest of the community because there is a demonstrated need for additional high-density residential property with the Yakima Urban Area. This project would help fulfill that need. The project can be considered an infill project because it occurs within the existing City Limits and within the current Yakima Urban Area. The project has been well designed to ensure compatibility with the existing environment and future land uses expected in the area. The proposed housing will be safe, sanitary and built to modern day construction codes. The project has a large amount of open space and also offers on-site recreational facilities, which will help ensure that existing recreational opportunities in the area are not overburdened. The project is proposed in an area where all necessary infrastructure and public services can be provided. This aspect of the project RECEIVED West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 DEC y -0 2017 CITY OF YAKIMA ELIECEIME DOD! INDEX 6E2 53 complies with the Growth Management Act and Yakima Urban Area Comprehensive Plan by using existing services and facilities and not requiring an increased need for services and facilities. No variances or adjustments are being requested and the project meets or exceeds all development standards. In the short-term, the project will provide needed jobs in the Yakima area, and in the long-term, the project will provide decent, safe and sanitary housing. Based on the above findings, this project is in the best interest of the community. 2. Preliminary Short Plat Narrative: The proposal is a 6 -lot short plat and is required to provide security for lending institutions to acquire financing for each phase of the project. Since this project is not approved yet and the short plat is an integral part of the project, a short application is being submitted along with the Class 2 Review for this purpose. The proponent is requesting approval of the short plat along with the Class 2 Review, subject to the completion of a boundary line adjustment that follows the boundary lines of Lots 3, 4, 5 and 6. The boundary line adjustment only requires administrative review and approval which can be granted after approval of the entire proposal. Based on this, the boundary line adjustment will only be submitted if the project is Class 2 Review and short plat are approved. In essence, if the project is not approved, there is no need for the boundary line adjustment to be completed. If the project is approved, the boundary line adjustment can be submitted upon approval of the Class 2 Review and short plat and be approved administratively. As proposed, the short plat will consist of 6 lots. Lot 1 will be approximately 1.5 acres, Lot 2 will be approximately 1 acre, Lot 3 will be approximately 4.5 acres, Lot 4 will be approximately 8 acres, Lot 5 will be approximately 7 acres and Lot 6 will be approximately 5 acres. Legal access to the lots in the development will be as follows: Lot 1 will front on South 72nd Avenue. Lot 2 will be a flag lot and the flag will front on South 72nd Avenue. Lot 3 will front on South 72nd Avenue. Lot 4 will access to South 72nd Avenue via an access and utility easement over the flag lot portion of Lot 2. The access and utility easement is proposed to be 30 feet wide. Lot 5 will have direct access to South 64th Avenue. Lot 6 will front on south 64th Avenue and have access to South 64th Avenue via a 30 -foot wide access and utility easement over Lot 5. A continuous 30 -foot wide interior access and utility easement will connect the lots within the development from South 64th to South 72nd Avenue. A reciprocal agreement for such aspects of the project like shared access, utilities, parking and common areas will be provided as part of the overall project approval, including the short plat, to ensure that the individual parcels are tied together to retain the shared aspects of the project. The proponent has a copy of such an agreement that is recorded to the properties that comprise University Parkway Apartments in Terrace Heights which was developed in this same West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 54 manner. A copy of the agreement wil be made avai/able to the City upon request. E. Yakima Comprehensive PIan 2040, pp. LU -9: 1. The Yakima Comprehensive PIan 2040 Future Land Use Map designates this area as Commercial Mixed Use, whose purpose is to promote the greater integration of mixed uses that offer greater development choices to property owners, increased housing options, strengthened commercial retail areas, and lively pedestrian -oriented development. 2. indicates what ought to exist in a community or what is desired to be achieved in the future. A pohcy is a phncJp|a, protmoo|, or proposal for action that implements a related goal. The following goals and policies apply to this proposal: Goal 2.3: Preserve and enhance the quality, characterand function of Yakima's residential neighborhood. o Po!icy 2.3.1: Provide for a wide variety of housing types within the city to meet the full range of housing needfor Yakima's evolving population. o Policy 2.3.1 (H): Walk up apartments and stacked flats. Encourage these housing types in the R-2 and R-3 zones and commercial/mixed- use zones. Design standards should emphasize pedestrian -oriented design, fa9ade articulation, and usable open space. o Policy 2.3.2: Preserve and enhance established residential neighborhoods. o Policy 2.3.2 (B): Protect the character of single family neighborhoods by focusing hiher intensity land uses close to commercial and community services and transit. Goal 2.5: Enhance the character, funcUon, and economic vitality of Yakima's arterial corridors and mixed-use centers. o Policy 2.5.5: Commercial Mixed -Use area centered on W. Nob Hill Blvd. & S. 64th Avenue—promote coordinated master planned development that integrates a mixture of uses, and the following land use and design principles: ° Policy 2.5.5 (E): Integrates a phasing plan that makes optimal use of initial phases. F. City of Yakima Ordinance No. 2002-45 (Congdon Orchards Rezone) 1. This property is in Tract E of the Congdon Orchards rezone which requires it to undergo SEPA review, regardless of whether or not it would otherwise be West VaIIey Lodges - Congdon Development Company LLC C12#014'17,PSP#004'17, SEPA#019-17 �ECEDVED DEC��� I L, 201/ INDEX b 55 exempt. 2. All uses that are Class (1) uses within the CBDS (now GC) zoning district will be subject to Class (2) review that are within Tract E. which will allow all projectsto undergo public comment. 3. The proposal wifl be subject to any condtions Iaid out in the Hearing Examiner's Revised Recommendation for the rezone that were subsequently adopted by City Council. G. Applicable Law: 1. Type (2) Review a. Pursuant to YMC §15.O4.020(B)."Class (2) uses are generaily permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima Urban Area Comprehensive PIan. The procedures in YMC Ch. 15.14 shall be used to review and evaluate Class (1) uses that require a Type (2) review process." b. Type (2) Review: Pursuantto YMC § 15.14.020, Type (2) Review is required for any proposed use shown on Tabre 4-1 as a Class (2) use, for Class (1) uses requiring Type (2) review in YMC 15.13.020; and for other specific reviews established by this title. c. Zoning O3.2D(B).the GCzoning district iointended tmoocommnlod�be wholesale and retail oodv�oevvdhsome high-density residential development. This district is primarily located near and along the mjor arterials as designated in the Yakima Urban Area Comprehensive Plan. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. d. Pursuant to YMC §15.O2.O2O.^ComoGtb||itv^means the characteristics of different uses or developments that permit them to be |omatedneareachotherinharnnonyw/ithmrvithoutepecia|nlitigation measures. e. Parking: 1. PursuantbmYK8CG15.O8.D4O.TableO-1,MuKi-fanni|ydxve|ingovvithrnore than 10 units require 1.5 spaces per dwelling. ii Pursuant hoYK8C § 15.06.090 (A), the standard for landscapingofoarbng and vehicle storage Iots with five or more spaces shall be ten percent of the total parking area. This Iandscaping area may be included to satisfy the lot coverage (permeabTe surface) requirements of Table 5-1. EC; E D West VaI/ey Lodges — Congdon Development Company LLC OL2#014-17, P8F#004-17, SEPA#010'17 DEC 20i7 CrTYOF YAKKMA 11 DOC. INDEX 56 iii. Pursuant to YMC §15.O6.00O(C).ostandard wfone tree from an approved list shall be planted for every fifteen single -row parking stalls or every thirty double -row parking stalls within the parking lot. iv, Pursuant to YMC §15.O6.1OO.lighting uhaUbe providedtoiUumninmbaony off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent and abutting properties. Parking Iots adjacent to residentiat districts or uses shall be designed with down -shielding and luminaries creating no Iighting pollution upon those properties. & photometric lighting plan may be required if the parking lot is located adjacent to or abutting residential properties. Further requirements and restrictions are required when the property is Iocated within the airport safety overlay. f. Sitescreenira i Pursuant to YMC § 15.07.050' Table 7-1. Sitescreening Standard A will be required to be installed along the north property line, along with the southern property line that is north of parcel # 181329-14411 (the parcel fronts S. 64th Ave. to the east), which in accordance with YMC § 15.07.040 (A) consists of a ten -foot -wide landscaped planting strip with trees at 20 -foot to 30 -foot centers, which includes shrubs and groundcover. The existing trees Iocated aTong the northern property line of the site satisfy this requirernent for the northern property line, but will need to be added to that other property line. g. ii. In accordance with YMC § 15.07.040 (B), the developer may substitute a higher sitescreening standard than required if desired for the required sitescreening along the southern property line that is north of parcel # 181329-14411. Setbacks. Pursuant to YMC Ch. 15.05, Table 5-1, the required structure setbacks include: Front: 40 feet from the centerline of rig Rear: 0 feet from the property line Sides: 0 feet from the property line h. Frontage improvements; Driveways will be required along S. 64th Ave. and S. 72nd Ave. 2. Preliminary Short Plat: a. Short SuPursuant to YMC § 14.10.020. "Short Subdivision" means the division or redivision of land into nine or fewer lots for the purpose of sale, |eaoe, or transfer of ownership in the present or future except as provided in YMC §G14.O5.18Oand 14.O5.1TD. b. Pursuant to WAC 197-11-800(6) (D), short plats are categorically exempt from the provisions of the State Environmental Policy Act. However, SEPA is still required as the project vE �� West VaI/ey Lodges — Congdon Development Company LLC CL2#014'17,f`SP#004-17,SEP4#O19-17 DLL r 7D17 CITY OF YA0MA �i/,H. [V �� ~~��~=" PNDEX 57 exceeds the exemption threshold for both number dwelling units (20 units) mndparhin0m9ocee(4C)|ntheGCzon|ngd|str|ot,|nmunovdanoawdthYK8CG 6.88.070. c. Easement Location and Width: Pursuant to YMC § 12.02.020. eight -foot -wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisioris. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. d.Sewer 1U.all new lots and development shall be served by a sanitary sewer line tocated adjacent to the lot or development site. e. Side Sewer Service: Pursuant to YMC Q12.03.070. each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. Branched side sewers serving multiple buildings and properties shall not be permitted. Single side sewers serving multi -unit buildings are permitted. f. PureumnttoYK8C@12.0J.03O' final design of street improvement standards is subject to approval by the city engineer. The engineer, at his/her sole diocret|mn, may adjust these standards to facilitate construction of new streets and improvements of existing streets. g. Allowance of Bond: Pursuant boYMC 14.O5.2DO(B).incases mfsubdivision, the bond or other method of secu ring actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final plat by the city council. In cases of short subdivisions, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final short plat by the administrator. In no case shall the amount of the bond or other method of securing actual construction of required improvements be less than one hundred ten percent of the estimated actual cost of the improvements based upon the approved civit engineering design of the required improvements. h. Pursuant to YMC § 14.15.010 (A), an application for a short subdivision may be made by an owner or owners of land, or by an authorized agent, or by a duty authorized representative of any governmental agency if the short subdivision is sought for a governmental purpose and such application shall be filed with the planning division. i. Pursuant to YMC § 14.15.040. within ten calendar days after the short subdivision application is determined to be comp|eta, notice of the application shall be sent by first class mail to all RECEiVED West VaIIey Lodges — Congdon Development Company LLC CL2#014-/7,PSP#004'17, BEPA#019'17 DEC n/0^'7 —— CITY OF YAKIMA t f' MY 58 owners, as shown on the records of the Yakima County assessor, of land Iocated within three hundred feet of either (1) the land proposed to be subdivided, or (2) any land adjacent to the land proposed to be subdivided which is also owned by an owner of the land proposed to be subdivided. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or Ietter size paper. Naming and Numbering of Short Subdivisions, Subdivisions, Streets, Lots, and Blocks: Pursuant to RCW 58.17.280 and YMC § 14.15.090, any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, Iots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval. IV. FINDINGS: A. Existing Structures: 1. There are no existing structures. The subject property is currently vacant and has most recentty been used as agricultural land. B. Site Design and Improvement Standards: 1. All proposed lots have at least the minimum of 20 feet of lot frontage upon a public road in accordance with YMC §15.05.020 (H), and have enough area for the proposed number of dwelling uriits in accordance with YMC § 15.05.030 (B). 2. In accordance with YMC § 15.05, Table 5-1, S. 72nd Ave. is classified as a Principal Artehm|, requiring a 40 -foot front -yard setback from the centerline of the right-of-way. S. 64th Ave. is a Minor Arterial, requiring a 40 -foot front -yard setback from the centerline of the right-of-way. C. Frontage Improvements: 1. There is existing curb, gutter, and sidewalk along the lengths of both S. 64th Ave. and S. 72nd Ave. that will allow for children to walk to and from school, and to provide safe passage for the elderly and/or disab!ed. 2. Pursuant to Ch. 8.64, where ingress is proposed, commercial driveway approaches are required which meet the requirements of this chapter and standard detail R4. Driveway widths shall be a maximum of 35 feet. 3. Pursuant to Ch. 0.72, an excavation and street break permit shall be obtained for all work within the public right-of-way. Refer to Ch. 8 for requirements. Roads less than five years old can be cut, but will cost 150 percent of the restoration fee with no PCI discourit. 4. Using the trip generation numbers provided by the developer and existing traffic volumes on S. 72nd Ave., a left turn lane on S. 72nd Ave. at the site driveway is West VaIIey Lodgos — Congdon Development Company LLC ���������� ~ »^���o~"~u~�� DEC 11: ZOO FON OF YAKIMA 111DOEFF Ent 59 warranted at the time of build out per the guidance in NCHRP Reports 279 and 457. 5. All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved priorb» issuance of building permits. D. Right -of -Way: 1. 8.84thAVa.iodesignatedosaK8inor/\rtera|requihngotota|mf8DNaotofright- of-way. Nt-of-vvay. |tcurnent|y has approximately 75 feet ofright-of-way in some places, with most of the right-of-way being in excess of 80 feet. Right-of-way on the west side of S. 64th Ave. is adequate in width. 2. S. 72nd Ave. is designated as a Principal Arterial requiring a total of 100 feet of right-of-way. It currently has approximately 50 to 70 feet of rig . Therefore in accordance with YMC §12.00.O20.the applicant shall dedicate 15 to 25 feet of right-of-way, or whatever is sufficient to bring the distance from the centerline of the right-of-way up to 50 feet. Appropriate documents shall be created and recorded by the applicant at Yakima County to accomplish this new right-of-way dedication. 3. 8left-turn lane shall beinstalled along 8.72ndAva,which will beapproximately 150 feet long with tapers of 100 feet. 4. W. Nob Hill Blvd. is designated as a Principal Arterial requiring a total of 100 feet of right-of-way. It currently has approximately 105 feet to 150 feet of right-of-way, more than complying with current standards. 5. Midvale Rd. is designated as a Local Access street requiring a total of 50 feet of right-of-way. It currently has approximately 25 to 30 feet of right-of-way. Because it is not currently improved and there aren't any immediate plans to make it a drivable street, no right-of-way will be required to be dedicated. O. No access to Midvale wiU be allowed, per the Hearing Examiner's Revised Reconimendation and the resolution City Council adopted regarding the Congdon Orchards Rezone (Section IV (J) (2) of this staff report). E. Public Amenities: 1. Open opace, porks, recrestion, and playgrounds are located approximately within two miles of this subdivision due to the proximity of West Valley Park (furthest point able to be traveled on a public right-of-way). 2. Wide Hollow Elementary School is located approximately within 0.75 miles of this subdivision (furthest point able to be traveled on a public right-of-way). 3. Yakima Transit Routes 1, 2, and 5 pass the proposed subdivision along S. 72nd Ave. Yakima Transit Routes 2 and 5 pass within 700 feet of the proposed _ECEIVED West VaileyLodges — Congdon Development Company LLC DEC��° 2017 CITY OF YAKIMA L/[.:.:���[ 60 subdivision along S. 64th Ave. and within 510 feet along W. Nob Hill Blvd. Yakima Transit Route 1 pass the proposed subdivision along W. Nob Hill Blvd. F. Easements: Easements are to be established in accordance with YMC §§ 12.02.010 and 12.02.020. G. Utilities: 1. Water a. Water service is available through Nob Hill Water Association to serve the site in accordance with YMC § 12.04.010. b. There is adequate fire flow available for this project, properly -sized new mains and hydrants will need to be designed and installed. c. Water will be looped from G. 72nd Ave. to S. 64Uh Ave., but Phase 1 of the project can easily be served from S. 72nd Ave. with adequate flow. d. A fire hydrant is located on the southwest corner of the westernmost existing parcel along S. 72nd Ave., and a second is located approximately 650 feet east of S. 72nd Ave. on Midvale Rd. e. Per Ch. 5 of the 2015 tnternationat Fire Code (IFC), fire hydrants will be required to be installed along streets at maximum spacing of 500 foot intervals, or as per the fire flow needs of the largest building(s). f. Required fire hydrarits will be required to be installed prior to the issuance of building permits per Yakima Municipal Code, Title 10. 2. Sewer a. City of Yakima public sewer service is available via 15 -inch lines along S. 64th Ave. and S. 72nd Ave., 18 -inch lines along W. Nob Hill Blvd. 3. Irrigation a. The site is located within the Yakima Valley trrigation District and therefore irrigation approval will be required upon the face of the final plat. b. According to Nob Hill WaterAssociation, the property may have Yakima Valley Canal shares so more information may be needed regarding an irrigation system. If irrigation water shares are avai|mb|a, the applicant will be required to install a separate irrigation as per Nob Hill Water Association's design. 4. Stormwater a. As this project involves clearing or grading one acre or more, a SWPPP Permit shall be required from the applicant. The main submittals for a SWPPP Permit are: i. Drainage plan(s) and calculations West VaIIey Lodges — Congdon Development Company LLC CL2#014-17,p3P#004'/7,3BA#019-/7 _~~ED D-~ � v Y�7 �D''CITY OF YAKIMA DOC� INDEX Alt 61 ii. Temporary Erosion and Sediment Control plan iii. Stormwater maintenance agreement and plan iv. Proof that the maintenance agreement was recorded in the Yakima County Auditor's Office v. Stormwater Pollution Prevention Plan (SWPPP) or Erosivity Waiver (unless exempt). A copy of the SWPPP or Erosivity Waiver Certificate Statement shall be given to the Surface Water Engineer b. The applicant is advised to reaChapter 7.83 of the Yakima Municipal Code to obtain all appropriate information concerning the Stormwater Site Plan and Ch. 7.82 for iriformation concerning the Stormwater Pollution Prevention Plan. c. Grading and/or building permits shall not be issued without the project site first passing an erosion control inspection. d. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City af Yakima standards. These plans and cortrol measures must be completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction, e. In accordance with Chapter 2 Section 2.4 of the December 2006 editiori of the Department of Ecology's Guidance for UIC Welis that Manage Stormwater Publication Number 05-10-067, Underground Injection Control (UtC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. f. A Construction Stormwater General Permit may be required from the Washington State Department of Ecology. The applicant should coritact the Department of Ecology to determine if this permit is required. Due to recent changes by the Department of Ecology to the perrnit. Ecology will no longer accept paper copies of the "Notice of lntent for Construction Activity." Applicants should refer the Ecology construction stormwater web page at cY�wa, oov/Procirams/wq/stormwater/construction/enoi.html. H. RCW 58.17.110 requires that "A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public heo|th, eafetv, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potab!e water supplies, sanitary wastes, parks and Peoneation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication..." riECEiVED West VaIIey Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#010'/7 DEC 7 7 20 62 1. Other Agency/Organization Comments (condensed and paraphrased) 1. Department of Ecology a. ToxicsClBased upon the historic agricultural use of ths land there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the solis be sampled and analyzed for lead and arsenic, and for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxic Control Act cleanup Ievels Ecology recommends that potenUal buyers be notified of their occurrence. b. The NPDES Construction Stormwater General Perrnit from the Washington State Department of Ecotogy is required if there is a potential for stormwater discharge from a construction site with disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including bui|ding, road construction and utility placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original SEPA does not disclose alt proposed activities. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage arid erosion control measures must be in place prior to any clearing, grading or construction. 2. West Valley School District a. Even though this project will aignifioard|y impact the schools, the District does not have any objections to the project. b. Since Wide Hollow is a walk -only school and the project is in close proximity of the school, the safety of the students must be ensured at alt times. Thenafore, the following should be considered: i. Use of proper boundary and perimeter protection limiting access ii. Contractor ensures workers have no access to children and improper behavior on worksite iii. Signage is appropriate iv. Construction traffic is limited during, bafore, and after school v. Contractor communicates with the District on timelines and significant issues that may impact the operations of the school and activities vi. Dust and other harmful air pollutants are maintained so student and staif hea!th is not impacted 3. Yakima Air Terminal a. Given the close proximity to the airport, the proposed development may experience low flying ainoroft, aircraft engine nm|ne, vibradions, and exhaust funnaa, since the parcel is in-line with the airport's primary runway (09/27), which receives 95 percent of the airport's annual operations. West Valley Lodges — Congdon Devefopment Company LLC CL2#014'/7, PDP#004'Y7,8EF9\#O1A'Y7 7-C; `}����� " � ��� DEC"�° .1 v ZOO CfiTy OF YAKitvIAINDEX 63 b. Given the close proximitytotheYakjnna Airport, the Federal Aviation Administration requests the developer file a 7480-1 airspace review. Additionally, any obstructions such as cranes, cement booms, towers, or taller obstructions during construction will have to be approved by the Federal Aviation Administration in a similar process. This process will evaluate if there's any impacts to airport navigation facilities as well as if any structure will penetrate the airport's federally protected airspace. c. The Yakima Air Terminal -McAllister Field is required by the Federal Aviation Administration (FAA) to uphold a Witdlife Hazardous Management PIan, which ensures wildlife on and surrounding airport property does not present a safety hazard for aircraft operations. Entailed in the plan, the airport maintains an environment not conducive to attract wildlife to the airfie|d, which could create such hazards. In the event stormwater runoff is collected and managed on-site via surface retention and infiltration facilities, or in underground infiltration faci|dies, this environment could attract wildlife. Since wildlife (typically waterfowl) are attracted to standing water like retention ponds, it is not recommended that retention ponds be used for storm water runoff, instead the use of detention ponds or connections to city stormwater system is preferred. d. Outlined in the proposal, the property owner provides general information as it relates to the lihtingoftheprm000edfoo|itieo. Depending on the intensity angle, heiht, and color of the lihting it could potentiallybecmnnaohazmndfor aircraft and helicopter operations. The Yakima Air Terminal -McAllister Field recommends that the developer follow tighting guidelines set forth by the FAA, which ensures all lighting will have shields so that light will illuminate in a downward orientation to ensure it does not cause a hazard to aircraft operating at the airport during hours of darkness. e. Proper mitigation for dust control including the use of water trucks is critical to ensure visibility is not reduced, which could create an in-fliht hazard. f. Late nihttaheoffand|andingecouldbaanuisance for those tiving in the apartment complex. Because of this, it is recommended that the property owner/apartment complex developer look for additional methods for sound proofing rooms to minimize the noise or vibrations emitted from aircraft operating at the Yakima airport. J. Congdon Orchards Rezone Requirements The following conditions apply to the West VaIley Lodges project,ject, located on Tract E as referenced in the Hearing Examiner's Revised Recommendation issued on July 9, 2002, and adopted by City Council on August 20, 2002: 1. Pickens Road shall be terminated at its existing dead end, and shall not extend into the Congdon property (Condition 5.1). West VaIIey Lodges — Congdon Development Company LLC CL2#014'/7,P8P#004-17^SEfA#010-17 EGEi��C� —��� D-EY8� 7 ��' erTY OF V.41.01AA� 64 2. Midvale shall not be built as a street except that if the lots utilizing it near 72nd wish to improve it at some point that should be their option with respect to their frontage. The remaining Midvale right of way, varying between 25 and 30 feet, shall be retained as an open space buffer (Condition 5.2). 3. A 6 foot high soil berm, together with a 6 foot high solid concrete or block wall shall be constructed on Congdons' side, south of the right of way. The berm and fence shall be accompanied by densely planted trees and associated landscaping, which will be an ongoing landscaping and maintenance obligation of the underlying property owners, Congdons or their successor. The city's Director of Community and Economic Development shall have discretion, during project review, to modify the design in order to provide architectural diversity and design flexibility. However, substantial weight shall be placed upon the original obligation of a berm and a wall, rather than just a wall (Condition 5.3). (This condition has since been complied with.) 4. City Council decided against imposing Condition 5.4, which mandated particular lighting requirements for the development, as no specific project proposal had been made at the time the rezone was approved. Standard lighting requirements as per the UAZO will still apply. 5. City Council decided against imposing Condition 5.5, which mandated that 10 percent of the parking area be landscaped during a time when the UAZO only required five percent. However, because 10 percent of the parking area is now required to be landscaped, this condition in essence will be required for this project as landscaping requirements have changed since the rezone was approved in 2002. 6. Any buildings adjacent to a street or a property line immediately adjacent to an existing R1 zoned residential lot shall be subject to the following front or rear setback and height limit requirements: Maximum building height, as defined in UAZO Section 15.0.2020B, shall not exceed a graduated profile described as follows: Starting at 35 feet from the property line, adjacent to R1 zoning, 20 feet above grade, graduating uniformly to 30 feet above grade at 75 feet from the property line, 35 feet above grade at 90 feet from the property line. Beyond 90 feet from the property line, building height shall be that permitted in the CBDS [GC] zone or the airport safety overlay, whichever is stricter (Condition 5.6). 7. Any development of any portion of Tract E shall trigger the obligation to complete the berm/wall, prior to issuance of a Certificate of Occupancy for any structure on Tract E (Condition 5.7). K. Planning Division Responses to Relevant Resident Comments: Six comments from the public were received by the Planning Division on this project during the 20 - day public comment period. The following are responses to common relevant concerns received regarding this project: HECEiVED West Valley Lodges - Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 LEC 1 ' Dovo CITY Of •Y)Kittie4 INDEX • 87-c2( 65 1. Access is only via S. 64th and S. 72nd Aves. Planning Staff: Only the northern portion of the three lots proposed to be subdivided will be utilized for the apartment development, and will therefore be accessed on the northern portion of the lots along S. 64th and S. 72nd Aves. The southern portion of the lots are not part of the apartment project or the subdivision. 2. West Valley School District will be negatively affected. Planning Staff: According to the West Valley School District, even though there will be a significant impact upon the schools, the District does not oppose the project. The school district provided comments (Section IV (I) (2)) related mainly to the safety and wellbeing of its students during the construction phase. 3. Traffic will be worsened on S. 72nd Ave. Planning Staff: Along S. 72nd Ave., right-of-way will be required to be dedicated and a left turn lane will be required to be installed in order to resolve potential traffic problems. 4. Concerns over connectivity to properties to the north and Midvale Rd. Planning Staff: The entirety of the project is contained within the parcels listed on this decision. While the applicant has expressed interest in vacating the Midvale Rd. right-of-way, that is a completely separate process from what is being proposed currently (Type (2) Review and Preliminary Short Plat), and no Right - of -Way Vacation application has been submitted for this particular location. The Hearing Examiner's 2002 recommendation finalized by City Council stipulated that "Midvale shall not be built as a street except that if the lots utilizing it near 72nd wish to improve it at some point that should be their option with respect to their frontage. The remaining Midvale right of way, varying between 25 and 30 feet, shall be retained as an open buffer." V. CONCLUSIONS: A. This Preliminary Short Plat complies with the general requirements for short subdivision approval as specified by YMC Ch. 14.15 and 15.05, and the Type (2) Review complies with the general requirements for mufti -family residential development as specified by YMC Ch. 15.05, 15.06, 15.07, and 15.14. B. A short plat exemption application requesting various lot line adjustments will realign the three existing parcels so the entire site's layout will change from three mainly "north -south" lots to an "east -west" lot over much of the northern half of the site and two "north -south" lots south of the "east -west" lot, resulting in three adjusted parcels prior to subdivision. In the end only the northern "east -west" lot will be subdivided, subdividing one lot into six, three of which will include the apartment development. Overall, the site will increase from three lots to eight. C. The development shall comply with all relevant conditions of the Congdon Orchards Rezone. West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 DOC. 2/ INDEX # E -c2 66 D. The proposed short subdivision provides for the public health, oafetv, and general vvolfore, as the subject properties will be served by all appropriate public utilities and there are no known public health or safety issues associated with the subject property. E. The pshort plat and multi -family residential development both serve the public use and interest. VI. DECISION: The City of Yakima Subdivision Administrator hereby approves this Preliminary Short Plat requeet, file number PSP#004-17 and the Type (2) Revew, file number CL2#014- 17, based upon the above findings and conclusions and subject to the conditions of approval as follows: A. Conthttons of the Type (2) Review: 1. Prior to the issuance of a certificate of occupancy: a. All frontage improvements, including dedication of right-of-way and the installation of a left -turn lane along S. 72nd. Ave., shall be completed; b. Infrastructure for vehicle charging stations is required to be installed; c. Buildings shall be fire sprinklered in accordance with the applicable NFPA standard; d. All parking and associated landscaping shall be installed with FAA -compliant down -cast shielded lighting to prevent hazards to aircraft operating at the airport during hours of darkness; e. A photometric lighting plan shall be submitted; and f. Accessible parking shall be distributed amorig buildings evenly and shall be Iocated such that it is the closest available parking to building entrances. 2. Prior to the issuance of the building permit: a. Elevation profiles shall be submitted for the following buildings to ensure they comply with the height standards required in the Congdon Orchards Rezone (see Section IV (J) (6)): 1. The western -most building on Lot 4 |i. The three northern buildings on Lot 4 iii. The two western -most buildings on the northern portion of Lot 5 b. Civil engineering plans for public improvements shall be approved; c. The applicant shall work with Nob Hill Water Association to determine water flow requirements and whether a separate irrigation system will need to be installed; d. The pject site shall pass an erosion control inspection; e. Stormwater plans and control measures shall be completed by a Iicensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer; f. A SWPPP Permit shall be required as the pject involves clearing or grading one acre or more; . g. Underground Injection Control(U|C)vveUamhaUberegisteredvviththm Department of Ecology; h. An NPDES Construction Stormwater General Permit may be required from the Washington State Department of Ecology; i A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is required from the Washington State Department of Ecology; 1:�t������&���o���� West VaVoyLocgea—CongdonDavolopmont Company LLC CL2#0/4'17,f,SP#004-/7,GEFA#019-/7 DEC 1 v YO'7 OFCrrY YAKUMA INDEX 67 j. Access and routing of access roads shall be approved by the fire code official; k. Required fire hydrants shall be installed, with maximum spacing of 500 foot intervals, or as per the fire flow needs of the iargest building(s); I. The applicant shall consider the requests of the West Valley School District (Section IV (1) (2)) to ensure that students are not negatively affected by construction; m. As requested by the Federal Aviation Administration, the applicant shall file a 7460-1 airspace review; and n. The final site plan for the Type (2) Review shall display: i. Sitescreening Standard A along the northern property line and along the southern property line which abuts the northern property line ofparcel # 181329-14411� . ii. Overall lot coverage calculation for the three parcels on which the multi- family development will occur; iii. Electric vehicie charging stations; iv. Accessible porkinQ, distributed among the buildings evenly and located such that it is the closest available parking to building entrances; v. Landscaping equivalent to ten percent of the total parking area; vi. One tree for every 15 single -row parking stalis or every 30 double -row parking stalls; and vii. Accurate placement of access on S. 64th Ave.—currently shows portion of driveway extending into Midvale Rd., which is not within the scope of this prject nor has it been vacated, and is not allowed per the Congdon Orchards Rezone. B. Conditions of the Pretiminary Short PIat: 1. A Short PIat Exemption (SPE#019-17) shaU be recorded at the Yakima County Assessor's Office, aligning the three existing lots as proposed for the short plat; 2. Easements shall be dedicated along the front of each lot and where public utilities and shared access is required in accordance with YMC §§12.O2D1Oand 12.02.020; 3. Each lot and development shall be served by sanitary sewer and domestic water lines in accordance with YMC §§ 12.03.010. 12.03.040. 12.03.070. 12.05.010. 12.04.020, and 12.04.040 prior to the recording of the final plat; 4. In accordance with YMC §12.O8.D2O,the applicant shall dedicate 15to25feet of right-of-way, whichever is sufficient to bring the distance from the centerline of the right-of-way up to 50 feet along S. 72nd Ave; 5. In accordance with YMC §14.O5.2OO(B) and 14.2O.13O.udthe discretion cfthe City Engineer, the owner may bond for required frontage improvements or enter into a deferral agreement for future participation in the cost of any frontage and/or roadway improvement of LocaT Improvement District (LID) which is constructed abutting the owner's property. The bond or deferral agreement shall be executed and recorded prior to or as part of approval of the short ptat; 6. In accordance with YMC § 8.72.030 (A), an excavation arid street break permit shall be obtained for all work within the public right-of-way. Roads less than five West ValleyLodAeu—CongdmnDevelopmmntCompanyLLC CL2#014'17, PSP#004'/7,3EPA#019'17 DE 207 CiTY OF k]k8A 000.3 INDEX 68 years old can be cut, but will cost 150 percent of the restoration fee with no PCI discount, in accordance with YMC § 8.72.040 (H); 7. AII frontage Fmprovements shall be completed or bonded for priortoahort plat approval. Civil engineering plans for public improvements shall be approved prior to bonding for public improvements; G. This parcel is located within the Yakima VaIIey Irrigation DistMct. The plat must show private irrigation easements from the delivery point to all proposed lots.The developer must sign alt appropriate agreements; 9. Irrigation approval will be required upon the face of the final plat; 10. The applicant is authorized to have the short plat prepared by a registered land surveyor in accordance with the provisions of YMC Ch. 14.15 (Short Subdivision—Procedure). The final short plat must be substantially the same, with regard to lot sizes and |oyout, as the preliminary plat; 11. A current Short PIat Certificate, title repart, or title policy covering the subject property must accompany the final short plat in accordance with YMC § 14.15.090 (J); 12. All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, must be complied with in their entirety; and 13. All addresses shall be clearly shown on the face of the Final Plat. Additionally, a note shall be shown on the face ofthe Final Plat stating: The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Code Administration Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance." The foliowing addresses shall be utilized for the created lots: Lot 1:0158.72ndAve. Lot 2: 819 S. 72nd Ave. Lot 3:SO58.72ndAve. Lot 4: 901 S.72ndAve. Lot 5: 800 S. 64th Ave. Lot 6: 900 S. 64th Ave. Entered this 25th day of October, 2017, pursuant to the authority granted under YMC Ch. 15.14. This decision constitutes the final zoning review and is hereby granted and forwarded to the Building Official. The zoning decision is valid for one year from this date unless appealed under YMC 15.16.040. The zoning decision may be extended one time up to one additional year DECEIVED U-` J / /U|) EnV West Valley Lodges — Congdon Development Company LLC C12#014'17,PSP#004-/7,SEPA#O19'/7 69 prior to the expiration date, as set forth in YMC 15.12.060. This zoning decision is not a construction permit and does not in and of itself authorize any use to be established, constructed, made or implemented without a construction permit issued by the Building Official and the conditions pending have been completed. This zoning decision shall expire if: a) a construction permit for the approved project is required but not issued within one year from the date of issuance of this final decision; b) the construction permit is issued but allowed to expire; or c) the project is modified and a new zoning decision is issued. Eric Crowell, Associate Planner for Joan Davenport, AICP, Community Development Director APPEAL Pursuant to YMC §§ 14.50.010 and 15.13.070, any person aggrieved by this decision may request a review of this decision by the Hearing Examiner. Such requests must be submitted in writing within fourteen days from the mailing date of this decision, to the City of Yakima, Community Development Department, 129 North Second Street, Yakima, WA 98901, and must be accompanied by the application fee of $580.00. Pursuant to RCW 36.70B.130, property owners affected by this decision may request a change of valuation for property tax purposes notwithstanding any program of revaluation. West Valley Lodges — Congdon Development Company LLC CL2#014-17, PSP#004-17, SEPA#019-17 DEC 1 1 FIFO CITY OF YAKIMA LiFt:t L' CT INDEX woollARRI. 1111 OORE'596-605rJ 0001996'60g Z0686 VA1 PA PV°1118'111 E08Z r-- 8. - 0 8 NO-LONIHSVM 'AiNnoo VINIAVA 'VII)1V O )LID S1V1J VVYINVA 1S3M •101 IVld DJOHS .1%1VNIIN1131:1d tAki 33139 IS :31.33.3 3 .304., 1,813c1. , g „tte-g gIgIgggIgg,g1__4.1,— I 57:111ML'd'S vtA - trtAPAttttt-t I selittx I 3=t3V*1.0"3 Z.3333 • I 3 131131 t g, give Lt, 3 MSE ,pczLi N 'sAv aNze 8 8 t 5 -I 8 8 8 8 8 It; 6 Dr_ I /Or/ (TY (W YAKlivb, 70 T.13N R 18E O. INDEX ° eAV 411179 '•S - 44. .4.11 eS+1, 4;4. I `lit ttt \ir z 0 12 0 z —I 6 E EC/) >-< W ° '-00 Lil JV9PO 509.-6EC. ei Mq3 z It 2-9AV—p ZLL—f-S — — Eta DEC 1 ?Mr/ CITY OF Y.A1Miiivi rtCITY or YAKIMA r anning DEI _TMENT OF COMMUNITY DEVEIX LENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yaki mawa. gov/sery ices/plann in g WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 25, 2017 RECENED 72 DEC 1 2017 MY OF YAKIMA PROJECT DESCRIPTION: Proposal to construct a 438 -unit apartment complex with 674 parking spaces on approximately 20 acres over the course of three phases (Phase 1-150 units and 262 parking spaces, Phase 2-150 units and 211 parking spaces, and Phase 3-138 units and 201 parking spaces), along with a proposed six -lot short plat, located in the GC zoning district. LOCATION: 900 S. 64th Ave. PARCEL NUMBER: 181329-13406, -14401, & -14410 PROPONENT: Hordan Planning Services on behalf of Congdon Development Company LLC PROPERTY OWNER: Congdon Development Company LLC LEAD AGENCY: City of Yakima FILE NUMBERS: CL2#014-17, PSP#004-17, SEPA #019-17 DETERMINATION: 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. 4 This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Responsible Official: Joan Davenport Position/Title: SEPA Responsible Official Phone (509) 575-6183 Address: 129 N. 2nd Street, Yakima, WA 9 901 Date: October 25, 2017 Signature You may appeal this determination to: Joan Davenport, AICP, Director of Community Development, at 129 N. 2nd Street, Yakima, WA 98901. No later than: November 8, 2017. By method: Complete appeal application form and payment of 9580.00 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. Yakima mimic 2J iS INDEX E-02 73 LAND USE APPLICATION CI'T'Y OI+ YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAIUMA, WA 98901 VOICE: (509) 575-6183 FAX; (509) 575-6105 RU('.TI0NS-- PLEASE I2L 1D I'TI2S'I' Pi st<a tytia`or'pi Answer all questions completely, If you have any questions about this form or the application moo s, please ask a PEtrnncr. Remembur o bring all necessary attachments and the required filing fee when the application is submitted, The Planning Division cannot accept an application ;umplete and the filing fee paid• Piling fees are not refundable, This application consists of four parts, PART I - GENERAL INFORMA'T'ION AND PART IV — CERTIFICATION are on this page, PART 11 and 111 contain additional information specific to your proposal and MUST bu attached to this imp to complete the application. I'rC%t'I'f' alsrE,VAL1NI7OIIMATIO 1• Applicant's Information: roperty O\Mier's oration Rothe': n Applicant): Name: Check One: Name; Mailing Address: City: The Lodges In West Yaklma, LLC 2550 Burton Road Yaklma t: A Zip 9890 byron@bortonfru€t.00m; mfickestcx hnw.law ❑ Owner ❑ Agent Purchaser Congdon Development Company, LLC Phone: 509 )248-6030 ❑ Other P,O. Box 2725 Yakima dick@congdonorchards•com Zip; Phone: 509 ) 966-4440 4, Subject Property's Assessor Number( 81329.11441 and 181329-144 5 Legal Descriptio See Attached 'operty, (if lengthy, please attach it on a separate 6, Property Address; un -assigned 7, Proper(y's Existing Zon ing: ❑ SR ❑ Et -1 [� R-2 ❑ R-3 ❑ B-1 ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD j GC ❑ AS 0 RD ❑ M-1 ❑ M-2 8• Type Of Application: (Check All That Apply) Q Right -of -Way Vacation ❑ Other: PART II — SUP I'LL. ❑ Other: N, PART IU IID A'I'D •G 3ht% 9, SEE ATTACHED SHEET'S P T V — Cl I;TITIA'PI(ji+F: I certify,jilat ttt lm9tenr cry thc and the required nttachmcnts are true an Owner's S Date correct to the best oi' my knowledge, �a/7 Applies Wes ood West Gol Tyler Sf!"' t-' Date Revised 01/2017 RECEIVED DEC , 2017 CITY OF YAKIMA Pa DOC C. NDEX 74 LEGAL DESCRIPTION That portion of Midvale Road right of way lying Westerly of the Westerly right of way line of South 64th Avenue, being 30.00 feet in width, as shown on the Plat of WESTWOOD WEST according to the official Plat thereof recorded in Volume "U" of Plats, Page 18, records of Yakima County, Washington. EXCEPT any portion lying Westerly of the Westerly line of said Plat of WESTWOOD WEST; Situate in Yakima County, Washington. ECEWED DEC 11 2017 CITY OF YAKIMA LI 2111, DOC. INDEX # - "' ~r:11 17 PETITION NO. — OCt CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY RECEIVED DEC�` 1v ?o�7 CITY OF YAKIM-'��. � To the City Council of the City of Yakima, Washington. OdMecil��i(^he undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described stnaet, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79 (provide legal des ' tiom below, or attach to petition iflengthy). See attached Exhibit A Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property. VVherefon*, petitioners pray that proceedings be heard hereon for the vacation of said area in the manner prescribed by RCW Ch. 35.79. Congdon Development Company, LLC P.O.Box 2725.Yakima, VVABDSU7 Westwood West GoIf Course, Inc. Owner==- 414 Cherry Ridge Ct., Yakima, WA 98908 Address 100 --� Date Ownership % Owner' Address Signature Date Ownership % ��pmp�yn�o than list of ownersabutting the � right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature with date and the total ownership percentage of the property owners participating in this vacation) Revised 01/2017 Page 6 INDEX P r't I CITY OF YAK MA t";i anning T - LOCATION Supplemental Application For: 76 RIGHTOFWAY VACATION 1. VICINITY - LOCATION OF RIGIFT-0E-WAY TO BE VACATED: Portion of Midvale Road right of way west of intersection of South 64th Avenue and West Arlington Street 2. LEGAL DESCRIPTION OF TILE RIGIIT-OF-WAY TO BE VACATED: (Attach if lengthy) See Attached PART III - APPLICATION INFO ° TION 3. A WRITTEN NARRATIVE: (Please submit a written respo e to the following questions A. What is the public benefit, reason for, and limitations of the proposed right-of-way vacation? See attached. B. Does the vacation deny sole access to a public street for any prop See attached. y? C. Is the proposal consistent with existing plans of the City'? (Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies) See attached. D. Is the vacation appropriate with existing zoning and land use? (Vacation of Right -of -Ways should be appropriate with existing and anticipated development in the area, based upon zoning, current use and long-range plans) See attached. E. Are there any public or franchised utilities in the right-of-way to be vacated and if so, will thcy be relocated? See attached. F. Please choose one: 1 have enclosed an appraisal of thc property to be vacated T IV - REQUIRED ATFAC EIN'TS am electing to have the City of Yakima Planning Division determine the value of the property to be vacated per YMC 14.21.070, 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site P an Checklist, attached) 5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached 6. TITLE REPORT 7, SURVEY OF THE AREA TO BE VACATED 8. APPRAISAL OF TIIE PROPERTY (an appraisal is required unless the applicant elects to have the City determine the value of the property to be vacated in accordance with YMC 14.21.070) 9. ENGINEERING PLAN (may be required to indicate how thc curb, gutter and other physical features will be treated atter the vacation is enacted.) 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City transportation network of the closure of the right-of-way, may be required depending on the right-of-way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509-575-6183 Revised 01/2017 ECEIVED DEC i -0 2017 CITY OF YAKIMA DOC. Pagel fNDEX #6( PART III F1ECEIVED DEC :9 2! 2017 CITY OF YAKIMA nov NARRATIVE IN SUPPORT OF PETITION TO VACATE - UNUSED PORTION OF MIDVALE ROAD RIGHT-OF-WAY The Applicant is in the process of purchasing property for a high-quality apartment complex and development which received preliminary approval from the City of Yakima on October 25, 2017 in that certain Findings of Fact, Conclusions, and Decision (the "Project") (see File Numbers CL2#014-17, PSP#004-17 and SEPA#019-17). A copy of the City's Project approval is attached as Exhibit A. The Decision specifically recognized that portions of the dedicated right-of-way for future extension of Midvale Road is not needed, will not be used for public roads and may be vacated. In this Application, 100 percent of the property owners abutting the 30 -foot portion of the right-of-way support its vacation. A legal description and map of the portion of the right-of-way to be vacated is attached to the application. The portion to be vacated was dedicated on the face of the plat of Westwood West. The principal purpose of the vacation request is the City has confirmed the right-of-way is not needed for any public streets, and the right-of-way after vacation can be used by the abutting land owners for commercially reasonable access to 64th Avenue consistent with the existing road approaches constructed by the City. No improvements or utilities are located in the portion of the right-of-way requested to be vacated and in fact land use decisions by the City applicable to the Project confirm it is not needed for public streets, but that abutting property owners may use and improve it with respect to their frontage. Specifically addressing the criteria set forth in Part III of the Right of Way Vacation Application: A. The public benefit is the right-of-way will never be used by the City for a through street, but it may be suitable for driveways, landscaping and access to 64th Avenue consistent with as -built improvements and the City's approval of the Project. B. The vacation does not deny sole access to a public street for any property and may provide the owners additional or alternative access to 64th Avenue as property is developed in the future. C. The proposal is consistent with existing plans of the City. No public improvements are contemplated in any Transportation Improvement Plan and land use decisions prohibit its use as a through road. D. Vacation of the right-of-way is appropriate with existing zoning and land use. Upon vacation, the right-of-way would maintain the zoning designation of R-2 consistent with the property to the north. The property to the north and south are both suitable for multifamily development and a portion of the vacated right-of-way would provide legal development secondary access to 64th Avenue via private improvements. Doc. INDEX 78 E. There are no public or franchise utilities in the right-of-way and none are contemplated. F. The city has paid no money to acquire the portion of the right-of-way that is requested to be vacated. It was dedicated on the face of a plat. No compensation is required under YMC 14.21.070(A)(4). - 2 - DEC 1 / 2017 RECEIVED C/TV OF YAKIMA DIU DOC. INDEX 79 SITE PLAN CHECKLIST & INSTRUCTIONS In Order For Application To Be Determined Complete, A Site Plan Must Be Completed And Returned. A Detailed Site Plan Is Required: On August 8, 1996, the City Council passed a resolution (No. R-96-91) adopting a requirement that all site plans submitted in conjunction with any building permit application, land use application, and environmental application shall contain certain information and be approved by the appropriate Division Manager. All information that is applicable to your proposal shall be checked off and clearly displayed on the site plan. It is in the applicant's best interest to provide a carefully drawn and scaled site plan with all required information. The decision on whether or not to grant approval of your development proposal is largely based on the information you provide. An application cannot be processed until an adequate site plan is submitted. Please complete this checklist and include it with your site plan. The site plan must contain all pertinent information. Items not applicable to the proposed project shall be noted. 1) Use Ink: Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink. Ink is necessary for adequate duplication. 2) Use A Straight Edge: All lines must he straight and done with the aid of a ruler or other straight edge. Use a compass when delineating circular drawings such as cul-de-sacs. Computer drafted site plans are acceptable. 3) Draw To Scale: Site plans shall be drawn to scale. The site plan template has a suggested map scale of one inch equaling twenty feet (1"=20'). Distances on the map must be as representative of reality as possible. For example, if the distance from a structure to a property line is 20 feet, the distance on the site plan will be 1 inch. 4) Use Site Plan Checklist: Use the site plan checklist and provide all applicable information on the site plan. 5) Fill In Information On The Site Plan Template Avaliable At The City Of Yakima Or Attach The Information Below To Your Site Plan: Complete all information requested on the bottom of the site plan template. If you use a different medium, provide the requested information on the alternative paper. Note: You may benefit from the aid of a professional in the preparation of a site plan. Check all hoxes as: \i Included or - Not Applicable The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but not less than 8.5" X 11" for Class (1) projects and 11" X 17" for Class (2) and (las (3) projects. All site plans shall be drawn to a standard engineering scale and indicated on the site plan. The scale selected shall best fit the paper. Planning staff recommends 1"-20'. Site address, parcel rititnber(s) and zoning designation of subject property, Property boundaries and dimensions, Names and dimensions of all existing streets bounding the site, Dimensions, location, & use of proposed & existing structures (include loading docks) with structure setbacks. Structure setbaelcs Lot coverage with calculations. Location and size of any easements. Location and type of existing and proposed landscaping including landscaping vvithin the public righisof-way, Location and size of existing and proposed side sewer and water service lines. Adjacent land uses and zoning tlesignatioris, I AdcMion and size of all parking speCes, Location and dimensions of re °sett or existing driveway apprelielle$. Vision clearance triangles at street intersections and where driveways and curb cuts intersect th streets. SEE 15.05.040 — Vision Clearance attached with Sample Site Plan Location and size of proposed or 4,„.‘Xistitip signs, Location and size o ['required site dos nage facilities including on-site retention. lhoratirrn, type, and cleseription of required sitescreenung. Location arid size of existing or proposed ptibrie sidewalks that are svithin 200 -feet of the sub' uct Ix)* crt . 1>roposcd improvements located within the public riglit-of-svay. Naine, address, phone number, and signature of the unmet or person responsible for the on)neriy,.. eD DEC ?to? CITy oF y YAKItoo Note: Mantling Division or reviewing official may require additional information to clarifythe proposal, assess its iinpacts, or detennine compliance with the VMC and other laws and regulations. Revised 01/2017 80 #71 WV" P 6,bohyrfitAA COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Receipt Number: CR -17-007115 129 N 2nd St. (2nd floor) Yakima, WA 98901 (509) 575-6183 / www.buildingyakima.com / Payer/Payee: UNIVERSITY PARKWAY APARTMENTS LLC 2550 BORTON RD YAKIMA WA 98903 Cashier: CARISSA DELLINGER Date: 12/11/2017 Payment Type: CHECK (3803) RWV#00217 PLANNING - RIGHT OF WAY VACATION UNASSIGNED Fee Description Right of Way Vacation Fee Amount Amount Paid Fee Balance $1,385.00 $1,385.00 $0.00 RIA/V#002-17 TOTALS: $1,385.00 $1,385.00 $0.00 TOTAL PAID: Transaction Summary Trans Code BARS # Amount Due 001 8954503 001.8954503 $1,385.00 $1,385.00: Printed 12/11/2017 15:22:00 by Carissa Dellinger $1,385.00 DOC. INDEX Page 1 of 1 F-1 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC RWV#002-17 EXHIBIT LIST CHAPTER F Notices Notice of Complete Application 81 01/03/2018 F-2 F-3 Agenda Statement: Set Date for Hearing Examiner Public 01/16/2018 Hearing (Resolution No. R-2018-005) Land Use Action Installation Certificate 01/25/2018 F-4 F-5 Notice of Petition & Public Hearing F -4a: Legal Notice F -4b: Press Release and Distribution Email F -4c: Parties and Agencies Notified F -4d: Affidavit of Mailing Affidavit of Posting of Resolution 01/29/2018 02/01/2018 F-6 HE Agenda and Packet Distribution List 02/15/2018 F-7 HE Agenda & Sign -In Sheet 02/22/2018 F-8 F-9 Notice of Hearing Examiner's Recommendation (see DOC INDEX#AA- 1 for HE Recommendation) F -8a: Parties and Agencies Notified F -8b: Affidavit of Mailing Agenda Statement: Set Date of City Council Public Hearing 03/09/2018 03/20/2018 F-10 Letter of Transmittal to City Clerk: City Council Hearing (Mailing Labels, Vicinity Map, Site Plan) 03/21/2018 F-11 Notice of City Council Public Hearing 03/27/2018 82 CITY PLANNING OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING Petition of Right -of -Way Vacation Vacating Portion of Midvale Road NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing to consider a right-of-way vacation petition requested by The Lodges in West Yakima LLC to vacate a portion of Midvale Road that extends west of S. 64th Ave. Said public hearing will be held Tuesday, April 17, 2018, at 6:30 p.m., or soon thereafter, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, WA. For additional information, please contact Eric Crowell, Associate Planner, 576-6736, or e-mail to eric.croweIlp,yakimawa,qov. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901," or, 2) E-mail your comments to citycouncilAyakirn a_qov. Include in the e-mail subject line, "The Lodges ROW vacation." Please also include your name and mailing address. Dated this 27th day of March, 2018. Sonya Claar Tee, City Clerk DOC• . INDEX WEST 0 WEST CORPORATION 81329-11441 NE NE COR., SEC, 29;� T.1.3N.,R.18E„ 2 1/2' EC FOL ND IN CASE SEE LC1 1tyt-1231_,_ (PUBLIC GOLF COURSE) Luso X c U1323-144 E 1/4 COR„ SFC. 29, 2.13N.,R.19E., 2 1/2" AC FOUND IN CASE SEE LCR,, 1M-1542 RECEIVED DEC I MT/ CITY OF YAKIMe VICINITY MAP File Number: Project Name: Site Address: RWV#002-17 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC VIC. OF MIDVALE RD & S 64T11 AVE 84 !!/■ ■1 N. AIM MOW P I dYnOnYirib SITE M J 45'e oFE C our .z Tr Proposal: Vacate a portion of Midvale Rd that extends west of S 64th Ave. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. Date Created: 12/12/2017 DOC. INDEX # �- I 1 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar-Tee, City Clerk, by hand delivery, the following documents: 1. Mailing labels for THE LODGES IN ST YAKIMA LLC (R #002-17) including all labels for parties of record and property owners within a radius of 300 feet of the subject property. 2. One Site Plan 3. One Vicinity Map Signed this 21st day of March, 2018. Lisa Maxey Planning Specialist Received By: Date: 85 18132924440 ALL SAFE STORAGE LLC 1611 PERRY ST YAKIMA, WA 98902 132823404 CONGDON DEVELOP PO BOX 2725 YAKIMA, WA 98907 18132044007 BLEVINS HOT SPRINGS SPAS LLC 50 GALA DR SELAH, WA 98942 18132914415 C0NG DEVELOPM O LLC PO BOX 2725 YAK;!. ''A98907 18132911448 86 C&B ENTERPRISES LLC 6710 TIETON DR YAKIMA, WA 98908 18132914416 CO ON DEVELOPMENT CO LLC PO BOX 18132914417 CODEVELOP UIQ_ `LLC PO BOX 2725 YAKIM*, �" 98907 18132912458 FELIX & MAMIE GRAY REVOCABLE LIVING TR 6806 BRISTOL WAY YAKIMA, WA 98908 18132914413 EXTRA EXTRA LLC 1214 N 20TH AVE YAKIMA, WA 98902 18132914414 E *: m EXTRA LLC 18132044411 GM2 INVESTMENTS LLC 120 CEDAR HILL DR YAKIMA, WA 98908 A WA 9890 18132044495 GONZALEZ MARIA C 6505 TIETON DR YAKIMA, WA 98908 18132912413 MEIER LIVING TRUST 7006 LINDGREN DR YAKIMA, WA 98908 18132924009 VICKERS FAMILY TRUST 904 S 72ND AVE YAKIMA, WA 98908 18132924007 WEST VALLEY SCHOOL DISTRICT # 208 8902 ZIER RD YAKIMA, WA 98908 18132044013 NEVEU FAMILY INVESTMENTS LLC 409 S 66TH AVE YAKIMA, WA 98908 18132913404 WEST VALLEY CHURCH OF NAZARENE 7109 W NOB HILL BLVD YAKIMA, WA 98908 18132912415 RUSSELL J FATE FAMILY HOLDING TRUST 801 S 70TH AVE YAKIMA, WA 98908 18132914411 WEST VALLEY MOB LLC 1214 N 20TH AVE YAKIMA, WA 98902 18132822428 WESTWOOD WEST CORPORATION PO BOX 2850 YAKIMA, WA 98907 132911428 OOD WEST CORPORATION YAKIMA, WA 98907 18132911429 STWOOD WEST CORPORATION 50 WE PO BOX 2911430 OOD WEST CORPORATION 18132911431 FOOD WEST CORPORATION 0 A, WA 9 18132911432 STWOOD WEST CORPORATION 1: " 2911433 WESD WEST CORPORATION PO BOX 285 A 9890 18132911435 OOD WEST CORPORATION 32911436 1:132911434 WES `>,.•OD WEST CO PO BOX ..v. .°IVIA, WA 9891; 18132911437 OOD WEST CORPORATION PO BOX 2 D WEST CORPO' 'DON 18132911438 WE x4r#.efDWESTCORPO PO BOX 2850'~ YAK... , A 98907 ;a 18132911441 00D WEST CORPORATION 0 18132911439 !OOD WEST CORPORATION 18132911440 81 OOD WEST CORPORATI N 18132912454 BARBARA J ARNETT 5808A SUMMITVIEW AVE # 95 YAKIMA, WA 98908 18132912490 ABRAHAM E & ELEODORA NAVARRETE 6804 DUNDEE COURT YAKIMA, WA 98908 18132911456 CAREY & GLORIA SIEKAWITCH 5608 WALLA WALLA ST YAKIMA, WA 98903 18132912463 ALAN D. & CAROL A. KOOHY 802 S 69TH AVE YAKIMA, WA 98908 18132912462 CARL W & MARGARET H HARGROVE 804 S 69TH AVE YAKIMA, WA 98908 18132911415 CASEY L & NEILA M GILLETTE 802 PICKENS RD YAKIMA, WA 98908 18132911404 CHARITY & NOAH JOHNSON 617 PICKENS RD YAKIMA, WA 98908 18132911408 CHESTER E & MARY L VETTER 709 PICKENS RD YAKIMA, WA 98908 18132911459 CHRISTOPHER D MOORE 625 PICKENS RD YAKIMA, WA 98908 18132912409 CHRISTOPHER D & ERICA A KELLER 807 S 72ND AVE YAKIMA, WA 98908 18132921429 CINDER K FEHRER—DEMONTINEV PO BOX 102 TOPPENISH, WA 98948 18132912494 CODY & CASSE CASTLE 6901 BRISTOL WAY YAKIMA, WA 98908 18132911457 COURTNEY L PEMBERTON 611 PICKENS RD YAKIMA, WA 98908 18132911460 CRAIG L LARSON 804 PICKENS RD YAKIMA, WA 98908 18132924439 D KEITH & PRISCILLA S LAMM 912 S 72ND AVE YAKIMA, WA 98908 18132921573 DAVID BALTAZOR 5808 SUMMITVIEW AVE YAKIMA, WA 98908 18132911424 DAVID & JULIE L TAMEZ 608 PICKENS RD YAKIMA, WA 98908 18132044414 DAVID M OLDEN 6504 PARSONS AVE YAKIMA, WA 98908 18132911421 DAVID M & ELISSA S RUSSELL 618 PICKENS RD YAKIMA, WA 98908 18132912496 DAVID S & PATRICIA A ARKILLS 801 S 69TH AVE YAKIMA, WA 98908 18132911442 DAVID SCOTT TAYLOR 614 PICKENS RD YAKIMA, WA 98908 18132912453 DAVID R & MARCY D DURNBAUGH 803 S 68TH AVE YAKIMA, WA 98908 18132044494 DEBRA L RANKIN 914 S 19TH AVE YAKIMA, WA 98902 18132044401 DENNIS G & PATRICIA A NEVEU 409 S 66TH AVE YAKIMA, WA 98908 18132044006 DEREK & MELISSA BLEVINS 50 GALA DR SELAH, WA 98942 18132921434 DEREK J & BRYNN R SIDES 7209 MIDVALE RD YAKIMA, WA 98908OC DOC. 18132912491 DIANA L VANSANFORD 706 S 68TH AVE YAKIMA, WA 98908 18132044012 DONALD A KEARBY 6801 W YAKIMA AVE YAKIMA, WA 98908 18132924437tftS DOUGLAS L & TERRI L LAMB 7202 MIDVALE RD YAKIMA, WA 98908 18132912456 ELSA NATIVIDAD & EMMANUEL DELGADO 6802 BRISTOL WAY YAKIMA, WA 98908 18132044410 EMERSON B ORELLANA 410 PARSONS AVE YAKIMA, WA 98908 18132044412 ERIC W FLOYD 12605 ARNOLD ST REDFORD, MI 48239 18132912416 FERNANDO GARCIA 6915 MIDVALE RD YAKIMA, WA 98908 18132912492 GONZALO MENDOZA 6803 BRISTOL WAY YAKIMA, WA 98908 18132912452 HERB W & PAMELA F SCHMIDT 709 S 68TH AVE YAKIMA, WA 98908 18132912411 JAMES H & CHRISTINE POPLASKI 7010 LINDGREN DR YAKIMA, WA 98908 18132921526 JAN C & JEAN S JONES 9105 W YAKIMA AVE YAKIMA, WA 98908 18132911452 JASON & WHITNEY G STOHR HENDRICKSON 806 PICKENS RD YAKIMA, WA 98908 18132912412 JOE & DALIA LEMOS 7008 LINDGREN DR YAKIMA, WA 98908 18132912455 JOEL D & CHRISTINE L HUBBLE 807 S 68TH AVE YAKIMA, WA 98908 18132912418 JOSE M VARGAS 7003 MIDVALE RD YAKIMA, WA 98908 18132921432 JOSE 0 & GLORIA E DIAZ 808 S 72ND AVE YAKIMA, WA 98908 18132912417 JOSEPH R III & RENAE MARIE YOUNG 7001 MIDVALE RD YAKIMA, WA 98908 18132911402 KAREN A SISLER 6602 TIETON DR YAKIMA, WA 98908 18132912464 LENNARD L & CHERYL JORDAN 800 S 69TH AVE YAKIMA, WA 98908 18132911446 LEON & MARILYN BURNAM 801 PICKENS RD YAKIMA, WA 98908 18132912513 MANUEL G MARTINEZ 811 S 72ND AVE YAKIMA, WA 98908 18132912460 MARY H TORRES 6902 BRISTOL WAY YAKIMA, WA 98908 18132911401 MARY J CARSKADDEN 607 PICKENS RD YAKIMA, WA 98908 18132912493 NEIL F & MARTHA C LENTSCH 6805 BRISTOL WAY YAKIMA, WA 98908 18132912457 PARTICK & SHARON MORRISSEY 6804 BRISTOL WAY YAKIMA, WA 98908 18132924438 PATRICK C & ANABELLE M FERGUSON'' 64 LATERAL A RD WAPATO, WA 98951 18132912420 RAMON & ANA LILIA AYALA 7105 MIDVALE RD YAKIMA, WA 98908 18132044415 RANDY C & JUDY K VALICOFF 2000 KONNOWAC PASS RD MOXEE, WA 98936 18132921574 RENEE M BUNTING 7205 MIDVALE RD YAKIMA, WA 98908 18132912414 REYNALDO 5 & DOLORES S DELANSIG 11824 SE 198TH ST KENT, WA 98031 ®OC 18132912461 RICHARD J & CHANDRA A HARPEL 806 S 69TH AVE YAKIMA, WA 98908 18132911400 ROBERT J & SHARON L KIVI 6606 TIETON DR YAKIMA, WA 98908 18132911445 ROBERT & BEVERLY VALDEZ 713 PICKENS RD YAKIMA, WA 98908 18132912495 ROBERT P & ALICIA N SCHEFTER III 6903 BRISTOL WAY YAKIMA, WA 98908 18132911411 89 ROBERT B & ELIZABETH A LUKE 805 PICKENS RD YAKIMA, WA 98908 18132912512 ROBYN WRIGHT 809 S 72ND AVE YAKIMA, WA 98908 18132911453 RONALD T & KATHRYN L ARRIGONI 808 PICKENS RD YAKIMA, WA 98908 18132911407 RUSSELL E & DONNA MARIE EVANS 130 206TH AVE SAMMAMISH, WA 98074 18132912459 RYAN P MCCANNA 6900 BRISTOL WAY YAKIMA, WA 98908 18132044433 SAMUEL P & CARRIE E MCCOY 9208 YAKIMA CT YAKIMA, WA 98908 18132912419 SEAN M & CRISTINA M BROWN 4001 SUMMITVIEW AVE STE 5 PMB 239 YAKIMA, WA 98908 18132911412 STEVEN B & JADENE L WALTERS 809 PICKENS RD YAKIMA, WA 98908 18132911406 STEVEN M & VALERIE A BRANCH 701 PICKENS RD YAKIMA, WA 98908 18132044400 SHAUN & PRISCILLA EAGAN 2205 S 77TH AVE YAKIMA, WA 98908 18132921448 THOMAS A & SHERRIE L STOOTHOFF 7207 MIDVALE RD YAKIMA, WA 98908 18132911458 TIMOTHY HALL 1620 GIBBLER RD YAKIMA, WA 98908 18132912489 WAYNE & MARGARET PACKARD 6806 DUNDEE CT YAKIMA, WA 98908 107 Total Parcels - The Lodges In West Yakima LLC / Congdon Development Co LLC - RWV#002-17 The Lodges 1n West Yakima CLC 2550 Borton Rd Yakima. WA 98903 AttnarkFickes Halverson Northwes PO Box 22550 Yakima, WA 98907 Rt -c, oS Council. )-kak-i 9 Nec�v�nc� H / 17 ND 90 Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, March 21, 2018 8:31 AM To: Claar Tee, Sonya Subject: Mailing Labels for Council Hearing Notice - The Lodges in West Yakima RWV#002-17 Sonya, Mailing labels will be delivered to you shortly for the city council public hearing notice for the above -entitled project. Please email the notice to the following distribution lists: In -House Distribution E-mail List updated 03.08.2018 & Local Media List 09.21.2017. Please also email the notice to: mfickes(-)a,laalversonNW•com mfickes@,hnw.law byron(@,bortonfruit.eam dickgeonadonorchards.com Lisa M ey ff ituctve. 1 DOC. INDEX Thank you! Planning Specialist 1 City of Yakima Planning Division Planning Division: (509) 575-6183 Direct Line: (509) 576-6669 — Lisa.MaxeyRyakirnavva.gov 129 N 2nd Street, Yakima, WA 98901 'YAK r a nn ng 121329-1 WESTWOOD WEST CORPORATION 181329-11441 W PUBLIC GOLF COURSE)/ SEEESEIEREOWD EMESE` clliER1 13;rppit)1F„, lei • - NE tE)R SEC 24, TEENER:18E,, W,M, 7 Et1 rouND IN EASE SEE ECR ME 1 2E1 1 II 1 1 2 —1441.5" E 1/4 CO, SEC, 29, -1.13N 2 1/2" AC FOUND IN CASE SEE LCR ,1M-1542 RECEIVED DEC I CITY OF YAKIMA 21V. Ft VICINITY MAP File Number: RWV#002-17 Project Name: THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC Site Address: VIC. OF MIDVALE RD & S 64TH AVE a&z. Lt Pl6nninMA !ll L 7R <c I 11 Noto-mt 111e stwood Nest Golf Course Proposal: Vacate a portion of Midvale Rd that extends west of S 64th Ave. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. Date Created: 12/12/2017 DOC. INDEX ��IQ� 4/4/2018 Coversheet ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 93 Item No. 6.E. For Meeting of: March 20, 2018 Set April 17, 2018, as the date for an open record public hearing to consider the Hearing Examiner's recommendation regarding a right-of-way petition to vacate a portion of Midvale Rd that extends wesof S 64th Ave Joan Davenport, AICP, Community Development Director Joseph Calhoun, Planning Manager Eric Crowell, Associate Planner (509) 576-6736 SUMMARY EXPLANATION: The Lodges in WesYakima LLC submitted an application to vacate a portion of public right of way on December 11, 2017. The application was reviewed at an open record public hearing held on February 22, 2018 and on March 8, 2018 the City of Yakima Hearing Examiner rendered a recommendation for approval of this right of way vacation request. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: Set date. BOARD/COMMITTEE RECOMMENDATION: The Yakima Hearing Examiner recommended approval on March 8, 2018. ATTACHMENTS: Description Upload Date m' 2/mm hnpo://yammavnpx?|tem|O=o714aMnodng0~584 Type Backup Material 1/1 94 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-17 The Lodges In West Yakima LLC Vic. of Midvale Rd & S 64th Ave I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and parties of record, and that said notices were mailed by me on the 9th day of March, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist 18132924440 ALL SAFE STORAGE LLC 1611 PERRY ST YAKIMA, WA 98902 18132823404 CONGDON DEVELOP PO BOX 2725 YAKIMA, WA 98907 18132044007 BLEVINS HOT SPRINGS SPAS LLC 50 GALA DR SELAH, WA 98942 1 2914415 CONG r DEVELOPMENT C PO BOX 2725 YAK 98907 18132911448 C&B ENTERPRISES LLC 6710 TIETON DR YAKIMA, WA 98908 18132914416 CONG..- - DEVELOPMENT CO LLC PO BOX 272 YAK A 9890 18132914417 DEVE 18132914413 EXTRA EXTRA LLC 1214 N 20TH AVE YAKIMA, WA 98902 18132912458 FELIX & MAMIE GRAY REVOCABLE LIVING TR 6806 BRISTOL WAY YAKIMA, WA 98908 18132912413 MEIER LIVING TRUST 7006 LINDGREN DR YAKIMA, WA 98908 18132044411 GM2 INVESTMENTS LLC 120 CEDAR HILL DR YAKIMA, WA 98908 18132044013 NEVEU FAMILY INVESTMENTS LLC 409 5 66TH AVE YAKIMA, WA 98908 18132044495 GONZALEZ MARIA C 6505 TIETON DR YAKIMA, WA 98908 18132912415 RUSSELL J FATE FAMILY HOLDING TRUST 801 S 70TH AVE YAKIMA, WA 98908 18132924009 VICKERS FAMILY TRUST 904572ND AVE YAKIMA, WA 98908 18132913404 WEST VALLEY CHURCH OF NAZARENE 7109 W NOB HILL BLVD YAKIMA, WA 98908 18132914411 WEST VALLEY MOB LLC 1214 N 20TH AVE YAKIMA, WA 98902 18132924007 WEST VALLEY SCHOOL DISTRICT # 208 8902 ZIER RD YAKIMA, WA 98908 18132822428 WESTWOOD WEST CORPORATION PO BOX 2850 YAKIMA, WA 98907 1 32911428 WES ©D WEST CORPORATION PO BOX 285 WA 9890 18132911429 vVesiwpD WEST CORPORATION PO BOX 2350 YAKS i. x •.. A 9890 18132911430 W EST PO BOX 2850 YAKIMA.; 18132911432 WESTWOOD WEST CORPORATION PO Bi" v: 850 YAKIMA, 18132911435 WESTWOOD WEST CORPORA ON POB ' 850 YAK! EST CORPORATION 18132911431 W c":' OOD WEST COA ° •RATION PO YAKIMA, WA 9890 18132911433 WES, PO BOX YAKIMA, W, OOD WEST CORPORATION 18132911434 W k"-OOD WEST PO BOX A, WA 9 1:1.32911436 WESD WEST CORPO PO BOX YAK 18132911437 OOD WEST ATION iN 18132911438 WESTWOOD WEST CORPORAT-I{ N` PO BOX�e2 35 YAKIMA, 181 2911439 WEST °`! WEST CO ION PO BOX 2�� YAK WA 98907 18132911441 WE PO BOX 2 YAKII`ti 18132912490 ABRAHAM E & ELEODORA NAVARRETE 6804 DUNDEE COURT YAKIMA, WA 98908 18132912454 BARBARA J ARNETT 5808A SUMMITVIEW AVE # 95 YAKIMA, WA 98908 18132911415 CASEY L & NEILA M GILLETTE 802 PICKENS RD YAKIMA, WA 98908 18132911456 CAREY & GLORIA SIEKAWITCH 5608 WALLA WALLA ST YAKIMA, WA 98903 18132911404 CHARITY & NOAH JOHNSON 617 PICKENS RD YAKIMA, WA 98908 18132911459 CHRISTOPHER D MOORE 625 PICKENS RD YAKIMA, WA 98908 18132912494 CODY & CASSE CASTLE 6901 BRISTOL WAY YAKIMA, WA 98908 18132912409 CHRISTOPHER D & ERICA A KELLER 807 S 72ND AVE YAKIMA, WA 98908 18132911457 COURTNEY L PEMBERTON 611 PICKENS RD YAKIMA, WA 98908 18132924439 D KEITH & PRISCILLA S LAMM 912 S 72ND AVE YAKIMA, WA 98908 18132921573 DAVID BALTAZOR 5808 SUMMITVIEW AVE YAKIMA, WA 98908 18132911440 96 WEST W , tD WEST CR*"0RATION PO BOX 'A A, WA 98907 18132912463 ALAN D. & CAROL A. KOOHY 802 5 69TH AVE YAKIMA, WA 98908 18132912462 CARL W & MARGARET H HARGROVE 804 S 69TH AVE YAKIMA, WA 98908 18132911408 CHESTER E & MARY L VETTER 709 PICKENS RD YAKIMA, WA 98908 18132921429 CINDER K FEHRER-DEMONTINEV PO BOX 102 TOPPENISH, WA 98948 18132911460 CRAIG L LARSON 804 PICKENS RD YAKIMA, WA 98908 18132911424 DAVID & JULIE L TAMEZ 608 PICKENS RD YAKIMA, WA 98908 18132044414 DAVID M OLDEN 6504 PARSONS AVE YAKIMA, WA 98908 18132911421 DAVID M & ELISSA S RUSSELL 618 PICKENS RD YAKIMA, WA 98908 18132912496 DAVID S & PATRICIA A ARKILLS 801 S 69TH AVE YAKIMA, WA 98908 18132911442 DAVID SCOTT TAYLOR 614 PICKENS RD YAKIMA, WA 98908 18132044401 DENNIS G & PATRICIA A NEVEU 409 S 66TH AVE YAKIMA, WA 98908 18132044006 DEREK & MELISSA BLEVINS 50 GALA DR SELAH, WA 98942 18132912453 DAVID R & MARCY D DURNBAUGH 803 S 68TH AVE YAKIMA, WA 98908 18132044494 DEBRA L RANKIN 914 S 19TH AVE YAKIMA, WA 98902 18132921434 DEREK J & BRYNN R SIDES 7209 MIDVALE RD YAKIMA, WA 989008 D. 18132912491 DIANA L VANSANFORD 706 S 68TH AVE YAKIMA, WA 98908 18132044012 DONALD A KEARBY 6801 W YAKIMA AVE YAKIMA, WA 98908 18132924437 97 DOUGLAS L & TERRI L LAMB 7202 MIDVALE RD YAKIMA, WA 98908 18132912456 ELSA NATIVIDAD & EMMANUEL DELGADO 6802 BRISTOL WAY YAKIMA, WA 98908 18132044410 EMERSON B ORELLANA 410 PARSONS AVE YAKIMA, WA 98908 18132044412 ERIC W FLOYD 12605 ARNOLD ST REDFORD, MI 48239 18132912416 FERNANDO GARCIA 6915 MIDVALE RD YAKIMA, WA 98908 18132912492 GONZALO MENDOZA 6803 BRISTOL WAY YAKIMA, WA 98908 18132912452 HERB W & PAMELA F SCHMIDT 709 S 68TH AVE YAKIMA, WA 98908 18132912411 JAMES H & CHRISTINE POPLASKI 7010 LINDGREN DR YAKIMA, WA 98908 18132921526 JAN C & JEAN S JONES 9105 W YAKIMA AVE YAKIMA, WA 98908 18132911452 JASON & WHITNEY G STOHR HENDRICKSON 806 PICKENS RD YAKIMA, WA 98908 18132912412 JOE & DALIA LEMOS 7008 LINDGREN DR YAKIMA, WA 98908 18132912455 JOEL D & CHRISTINE L HUBBLE 807 S 68TH AVE YAKIMA, WA 98908 18132912418 JOSE M VARGAS 7003 MIDVALE RD YAKIMA, WA 98908 18132921432 JOSE 0 & GLORIA E DIAZ 808 S 72ND AVE YAKIMA, WA 98908 18132912417 JOSEPH R III & RENAE MARIE YOUNG 7001 MIDVALE RD YAKIMA, WA 98908 18132911402 KAREN A SISLER 6602 TIETON DR YAKIMA, WA 98908 18132912464 LENNARD L & CHERYL JORDAN 800 S 69TH AVE YAKIMA, WA 98908 18132911446 LEON & MARILYN BURNAM 801 PICKENS RD YAKIMA, WA 98908 18132912513 MANUEL G MARTINEZ 8115 72ND AVE YAKIMA, WA 98908 18132912460 MARY H TORRES 6902 BRISTOL WAY YAKIMA, WA 98908 18132911401 MARY J CARSKADDEN 607 PICKENS RD YAKIMA, WA 98908 18132912493 NEIL F & MARTHA C LENTSCH 6805 BRISTOL WAY YAKIMA, WA 98908 18132912457 PARTICK & SHARON MORRISSEY 6804 BRISTOL WAY YAKIMA, WA 98908 18132924438 PATRICK C & ANABELLE M FERGUSON 64 LATERAL A RD WAPATO, WA 98951 18132912420 RAMON & ANA LILIA AYALA 7105 MIDVALE RD YAKIMA, WA 98908 18132044415 RANDY C & JUDY K VALICOFF 2000 KONNOWAC PASS RD MOXEE, WA 98936 18132921574 RENEE M BUNTING 7205 MIDVALE RD YAKIMA, WA 98908 18132912414 REYNALDO S & DOLORES 5 DELANSIG 11824 SE 198TH ST KENT, WA 98031 DOC. 18132912461 RICHARD J & CHANDRA A HARPEL 806 S 69TH AVE YAKIMA, WA 98908 18132911445 ROBERT & BEVERLY VALDEZ 713 PICKENS RD YAKIMA, WA 98908 18132911411 ya ROBERT B & ELIZABETH A LUKE 805 PICKENS RD YAKIMA, WA 98908 18132911400 ROBERTJ & SHARON L KIVI 6606 TIETON DR YAKIMA, WA 98908 18132912495 ROBERT P & ALICIA N SCHEFTER III 6903 BRISTOL WAY YAKIMA, WA 98908 18132912512 ROBYN WRIGHT 809 S 72ND AVE YAKIMA, WA 98908 18132911453 RONALD T & KATHRYN L ARRIGONI 808 PICKENS RD YAKIMA, WA 98908 18132911407 RUSSELL E & DONNA MARIE EVANS 130 206TH AVE SAMMAMISH, WA 98074 18132912459 RYAN P MCCANNA 6900 BRISTOL WAY YAKIMA, WA 98908 18132044433 SAMUEL P & CARRIE E MCCOY 9208 YAKIMA CT YAKIMA, WA 98908 18132912419 SEAN M & CRISTINA M BROWN 4001 SUMMITVIEW AVE STE 5 PMB 239 YAKIMA, WA 98908 18132044400 SHAUN & PRISCILLA EAGAN 2205 S 77TH AVE YAKIMA, WA 98908 18132911412 STEVEN B & JADENE L WALTERS 809 PICKENS RD YAKIMA, WA 98908 18132911458 TIMOTHY HALL 1620 GIBBLER RD YAKIMA, WA 98908 18132911406 STEVEN M & VALERIE A BRANCH 701 PICKENS RD YAKIMA, WA 98908 18132912489 WAYNE & MARGARET PACKARD 6806 DUNDEE CT YAKIMA, WA 98908 18132921448 THOMAS A & SHERRIE L STOOTHOFF 7207 MIDVALE RD YAKIMA, WA 98908 107 Total Parcels - The Lodges In West Yakima LLC J Congdon Development Co LLC - RWV#002-17 The Lodges In West Yakima LLC 2550 Borton Rd Yakima, WA 98903 Attn Mark Fickes Halverson Northwes PO Box 22550 Yakima, WA 98907 DOC. Parties of Recid — The Lodges In West Yakima LLC - 1tWV#002-17 Halverson Northwest Attn: Mark Fickes PO Box 22550 Yakima, WA 98907 mfickesahalversonNW...corn mfickes@hnw.law The Lodges In West Yakima LLC 2550 Borton Rd Yakima, WA 98903 byre fro itcom 99 Congdon Development Co LLC PO Box 2725 Yakima, WA 98907 dick ctconldonorchards.com In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carol tt.Belles d akittlawa.0(tv Glenn Denman Code Administration G lean DentnanQyak atawa, goy Joe Caruso Code Administration Joetaruso aktietawa.„ ov Suzanne DeBusschere Code Administration SuzannoDebussehere akimawa. ov Joan Davenport Dan Riddle Community Development Engineering JoarsDavenport@yak Ottawa. goy DateRiddle i akirnawat ov Mike Shane Engineering Mate,Shane@yakintawa.gov Pat Reid Fire Dept Pat. Reid yak imawa„gov Jeff Cutter Legal Dept Jeft'..CtatterCayakintawa.gov Sara Watkins Legal Dept SaraWakrnse akimawa, ov. Archie Matthews ONDS ArehIe.matthews(0. vakinlawa,g0v Joseph Calhoun Planning Division JosephCalhotIn d akrtnawa.tov Chief Rizzi Scott Schafer Loretta Zammarchi Police Department Public Works Dept Refuse Division Dorrdnie.Rizzi Scott...Schafer akirnawa, ov akunawLov Loretta2arnmarchi akitnawattov Randy Layman Refuse Division Raudy.Laytnan 0.y ak irnawa ,gov Naeem Kara Transit Division Naeem.Kara@yakintawtegov James Dean Utilities JamesDeart@yakitnawatoov Dana Kallevig Wastewater Dana.Kal tevi akirnawa.!ov Randy Meloy Wastewater Randy, Meloy@yakitriawa.gov For the Record/File Revised 03/2018 Type of Notice: File Number: Date of Mailing: tic Retwinipandahaz g mi DOC. INDEX # r-SaL Maxey, Lisa Friday, March 09, 2018 10:13 AM 'Al Rose'; 'Alfred A. Rose (silvrfx40@bmi.net)'; 'Jacob Liddicoat'; 'Patricia Byers'; 'Peter Marinace; Rob McCormick; White, Jason; 'William Cook (cookm@charter.net';Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, JoeCutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Desgrosellier, Bob; lbarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta Crowell, Eric Notice of Hearing Examiner's Recommendation The Lodges In WesYakima LLC RVVV#002-17 NOTICE OF HE RECOMMENDATION_The Lodges In West Yakima LLC RVVV#002'17.pdf Attached is a Notice of Hearing Examiner's Recoregarding the above -entitled project. If you have any questions about this proposal, please contact assigned planner Eric Crowell at (509) 576-6736 or email to: eric.crowel yakimawa.gov. Thank you! Planning Specialist 1 City oKYakima Planning Division Planning Division: (509) 575-6183 '%‘:‘,. #,,1 Wt... p1birilonF YrnKINd DEP, FMENT OF COMMUNITY DEVELI. VIENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTIFICATION OF HEARING E MINER'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL March 9, 2018 101 On March 8, 2018, the City of Yakima Hearing Examiner rendered their recommendation on RWV#002-17. The application submitted by The Lodges In West Yakima LLC is a proposal to vacate a portion of Midvale Rd that extends west of S 64th Ave. The application was reviewed at an open record public hearing held on February 22, 2018. 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 Associate Planner Eric Crowell at (509) 576-6736 or email to: eric.crowell Lyakimawa.gov. Eric Crowell Associate Planner Date of Mailing: March 9, 2018 Enclosures: Hearing Examiner's Recommendation DOC. NDEX Yakima 2015 1904 P a n nYiAn g SIGN -IN SHEET City of Yakima HEARING EXAMINER City Hall Council Chambers Thursday February.8;\2018 Beginning at 9:00 a.m. Public Hearin -7i J1 Ian ■ 1\t P CET`! dF YAK1MAg annin CL3#012-17 CAO#007-17 SEPA#034-17 RWV#002-17 PERRY TECHNICAL INSTITUTE THE LODGE IN WEST YAKIMA LLC/ CONGDON DEVELOPMENT CO LLC 1620 PERRY ST VIC. OF MIDVALE RD & S 64TH AVE PLEASE WRITE LEGIBLY 1a- Kra 9(5'03 Page 1 DOC. 02/0$2018 1-110 p A 6ThOnF YlnKibid DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2' Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning 103 CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday February 22, 2018 Yakima City Hall Council Chambers Beginning at 9:00 a.m. L CALL TO ORDER 11. INTRODUCTION 111. PUBLIC HEARING A. PERRY TECHNICAL INSTITUTE (12/07/2017) CL3#012-17 Planner: Trevor Martin CAO#007-17 Address: 1620 Perry St SEPA#034-17 Request: Proposal to construct an approximately 10,400 sq ft metal building in the M- 1 zoning district to be used for storage and maintenance of yard equipment for Perry Institute as well as a limited vocational training space for students of the agricultural program. The proposal includes related site improvements (storm drainage, asphalt paving, parking, underground utilities, landscaping). B. THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC Planner: Eric Crowell (12/11/2017) RWV#002-17 Address: Vic. of Midvale Rd & S 64th Ave Request: Vacate a portion of Midvale Rd that extends west of S 64th Ave. V. PREHEARING CONFERENCE - RETAINING WALL CASE (10:00 AM) V. ADJOURNMENT submit written testimony at the hearing. If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also DOC. 1NDEX Yakima 2015 1994 Hearing Examiner AGENDA ONLY Distribution List 07/20/2017 Phil Lamb 311 North 31 Street Yakima, WA 98901 KIT-KATS Radio 4010 Summitview, Suite Yakima, WA 98908 All YPAC rand .beeh ler d akimawolov mike...brown@yakimawa.mw bonniedozano akimawa. ov 'ohn.fannin akimawa..tov Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KARY Radio 17 N 3rd St Ste 103 Yakima, WA 98901 Dominic Rizzi Police Chief yaki mawa.gov KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 Bob Stewart Fire Chief bob.stewart@wakimawa.gov Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Sonya Claar-Tee City Clerk sonya.elaartee@yakiinwa.wv Office of Rural F H Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 Cliff Moore City Manager C1iffmoorei akirnawmgov cally.pricegyakimawmgov Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 VIVA P.O. Box 511 Toppenish, WA 98948 Jeff Cutter City Attorney Jeff cutter akimawa. ov Radio KDNA P.O. Box 800 Granger, WA 98932 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Patrick D. Spurgin 411 N. 2nd St, Yakima, WA 98901 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Yakima Valley C.O.G. 311 N. 4th Street #204 Yakima, WA 98901 Gary Cuillier 314 N. 2nd Street Yakima, WA 98901 Reed C. Pell 31 Chicago Avenue #4 Yakima, WA 98902 reed(ib,rcekpell.nel Maud Scott 307 Union Street Yakima, WA 98901 Hearing Examiner Packet AGENDA, STAFF REPORT, SITE PLAN AND MAPS......... WM/2017 Archie Matthews ONDS Archiurnatthews@ aki wa. Brett Sheffield Engineering Division Bretasheffield@yakimawwgov DON'T FORGET TO SEND ONE TO THE APPLICANT & PROPERTY OWNER........... The Lodges In West Yakima LLC 2550 Borton Rd Yakima, WA 98903 bkronawbowonfruitcom OV Oa\ veysm, NoY\-"mues+- A-1--fv,fueS \)'0 g9, 650 'foxvnu upn 618c107 okes cblo,Aviusoti,N VJC,o Sara Watkins City Legal Department Sara.watkins@yakimawa.gov Joan Davenport Community Development Joan.davenportgyakimawa.gov Yakima County Planning Public Services Vern Redifer Vero redifer@cmyakirna.wwas Binder Copy For the Record/ File Congdon Development Co LLC PO Box 2725 Yakima, WA 98907 Yakima County Planning County Courthouse 105 `effersoras• encer@ro. akimawams Dana Kallevig Wastewater Division DanaAalleviv:gaki wapv Yakima County Commissioners Comrnissiorierswe.(Bcca.yakixata.wa us Westwood West Corporation PO Box 2850 Yakima, WA 98907 'DOC. INDEX RE: File# Applicant Name: Project Name: Site Location: P CITY OF YAKIMA anning AFFIDAVIT OF POSTING STATE OF WASHINGTON WV002-17 aiyo togst. , Tv No,„kS , LLC C6n34 vyk. Cm. LLe, Vicinil-y of Midvale Rd. £ S 611-4.6 A. 106 As an employee of the City of Yakima Planning Division, I have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner. The Hearing Examiner Public Hearing is scheduled for the 22nd day of FeA:)r IA &r y 20 18 Notices were posted on the 'kat day of rEhru.ctv- y 20 18 at the following locations: Lobby of City Hall, County Courthouse and the Central Library. Signed Associai-a. P1 Job Title 02/02/18 Date DOC. INDEX 107 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-17 The Lodges In West Yakima LLC/Congdon Development Co LLC Vic. of Midvale Rd & S 64th Ave I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Petition and Public Hearing. 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 300 feet of the 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 29th day of January, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist DOC. INDEX # C 18132924440 ALL SAFE STORAGE LLC 1611 PERRY ST YAKIMA, WA 98902 8132823404 CONGDON DEVE PO BOX 2725 YAKIMA, WA 98907 18132044007 BLEVINS HOT SPRINGS SPAS LLC 50 GALA DR SELAH, WA 98942 18132914415 CONO?'. DEVELOPMENT PO BOX 272 YWN,01 rt A 9890` 2914417 N DEVELOP PO BOX yNomk:, WA 989 CO LLC 18132914413 EXTRA EXTRA LLC 1214 N 20TH AVE YAKIMA, WA 98902 18132911448 10 C&B ENTERPRISES LLC 6710 TIETON DR YAKIMA, WA 98908 18132914416 CONGrFON DEVELOPMEi T O' LLC PO BOX •YA .,MA, WA 98 18132914414 EX w. EXTRA LLC 1214 MMA, WA -98 18132912458 FELIX & MAMIE GRAY REVOCABLE LIVING TR 6806 BRISTOL WAY YAKIMA, WA 98908 18132044411 GM2 INVESTMENTS LLC 120 CEDAR HILL DR YAKIMA, WA 98908 18132044495 GONZALEZ MARIA C 6505 TIETON DR YAKIMA, WA 98908 18132912413 MEIER LIVING TRUST 7006 LINDGREN DR YAKIMA, WA 98908 18132044013 NEVEU FAMILY INVESTMENTS LLC 409 S 66TH AVE YAKIMA, WA 98908 18132912415 RUSSELL J FATE FAMILY HOLDING TRUST 801 S 70TH AVE YAKIMA, WA 98908 18132924009 VICKERS FAMILY TRUST 904 S 72ND AVE YAKIMA, WA 98908 18132913404 WEST VALLEY CHURCH OF NAZARENE 7109 W NOB HILL BLVD YAKIMA, WA 98908 18132914411 WEST VALLEY MOB LLC 1214 N 20TH AVE YAKIMA, WA 98902 18132924007 WEST VALLEY SCHOOL DISTRICT # 208 8902 ZIER RD YAKIMA, WA 98908 32822428 �ESTWOOD WE PO BOX 2850 YAKIMA, WA 9 18132911428 W x..'.. OOD WES YAKIMA, WA 98907 ORTI0 N 18132911429 WES OOD WEST CO" IOI PO BOX 28 YAKIMA, WA 989 18132911435 WEST OOD WEST PO BOX 2 YAKI , . A 98907 18132911430 WESTWOO PO X8'5 YAKIMA, WA 98907 'ORATION 18132911433 WE OOD T CORPOR PO BOX 2 YAKI A,J WA 98907 2911436 WES WEST CO RATION PO BOX .YA A WA 98907 18132911431 WESTWOOD WEST CORPORATION PO BOX YAKI 18132911434 ES. ;.00D WEST CORPORATION PO BOX 2a YAKI A, 18132911437 WES OD WEST CORPORATION PO BOX 28 YA 18132911438 WESTWOOD WEST CORPORATION 18132911441 FOOD WEST CORPORATION 0 18132911439 WE TWOOD WEST CORPORATION PO BO.0 YA,,;,.A 18132912490 ABRAHAM E & ELEODORA NAVARRETE 6804 DUNDEE COURT YAKIMA, WA 98908 18132911440 109 000 WEST CORPORATION 18132912463 ALAN D. & CAROL A. KOOHY 802 S 69TH AVE YAKIMA, WA 98908 18132912454 BARBARA J ARNETT 5808A SUMMITVIEW AVE # 95 YAKIMA, WA 98908 18132911415 CASEY L & NEILA M GILLETTE 802 PICKENS RD YAKIMA, WA 98908 18132911459 CHRISTOPHER D MOORE 625 PICKENS RD YAKIMA, WA 98908 18132911456 CAREY & GLORIA SIEKAWITCH 5608 WALLA WALLA ST YAKIMA, WA 98903 18132911404 CHARITY & NOAH JOHNSON 617 PICKENS RD YAKIMA, WA 98908 18132912409 CHRISTOPHER D & ERICA A KELLER 807 S 72ND AVE YAKIMA, WA 98908 18132912462 CARL W & MARGARET H HARGROVE 804 S 69TH AVE YAKIMA, WA 98908 18132911408 CHESTER E & MARY L VETTER 709 PICKENS RD YAKIMA, WA 98908 18132921429 CINDER K FEHRER-DEMONTINEV PO BOX 102 TOPPENISH, WA 98948 18132912494 CODY & CASSE CASTLE 6901 BRISTOL WAY YAKIMA, WA 98908 18132911457 COURTNEY L PEMBERTON 611 PICKENS RD YAKIMA, WA 98908 18132911460 CRAIG L LARSON 804 PICKENS RD YAKIMA, WA 98908 18132924439 D KEITH & PRISCILLA S LAMM 912 5 72ND AVE YAKIMA, WA 98908 18132921573 DAVID BALTAZOR 5808 SUMMITVIEW AVE YAKIMA, WA 98908 18132911424 DAVID & JULIE L TAMEZ 608 PICKENS RD YAKIMA, WA 98908 18132044414 DAVID M OLDEN 6504 PARSONS AVE YAKIMA, WA 98908 18132911421 DAVID M & ELISSA S RUSSELL 618 PICKENS RD YAKIMA, WA 98908 18132912453 DAVID R & MARCY D DURNBAUGH 803 S 68TH AVE YAKIMA, WA 98908 18132912496 DAVID S & PATRICIA A ARKILLS 801 S 69TH AVE YAKIMA, WA 98908 18132044401 DENNIS G & PATRICIA A NEVEU 409 S 66TH AVE YAKIMA, WA 98908 18132911442 DAVID SCOTT TAYLOR 614 PICKENS RD YAKIMA, WA 98908 18132044006 DEREK & MELISSA BLEVINS 50 GALA DR SELAH, WA 98942 18132044494 DEBRA L RANKIN 914 5 19TH AVE YAKIMA, WA 98902 18132921434 DEREK 1 & BRYNN R SIDES 7209 MIDVALE RD YAKIMA, WA 98190 ......... . 18132912491 DIANA L VANSANFORD 706 5 68TH AVE YAKIMA, WA 98908 18132044012 DONALD A KEARBY 6801 W YAKIMA AVE YAKIMA, WA 98908 18132924437 110 DOUGLAS L & TERRI L LAMB 7202 MIDVALE RD YAKIMA, WA 98908 18132912456 ELSA NATIVIDAD & EMMANUEL DELGADO 6802 BRISTOL WAY YAKIMA, WA 98908 18132044410 EMERSON B ORELLANA 410 PARSONS AVE YAKIMA, WA 98908 18132044412 ERIC W FLOYD 12605 ARNOLD ST REDFORD, MI 48239 18132912416 FERNANDO GARCIA 6915 MIDVALE RD YAKIMA, WA 98908 18132912492 GONZALO MENDOZA 6803 BRISTOL WAY YAKIMA, WA 98908 18132912452 HERB W & PAMELA F SCHMIDT 709 S 68TH AVE YAKIMA, WA 98908 18132912411 JAMES H & CHRISTINE POPLASKI 7010 LINDGREN DR YAKIMA, WA 98908 18132921526 JAN C & JEAN S JONES 9105 W YAKIMA AVE YAKIMA, WA 98908 18132911452 JASON & WHITNEY G STOHR HENDRICKSON 806 PICKENS RD YAKIMA, WA 98908 18132912412 JOE & DALIA LEMOS 7008 LINDGREN DR YAKIMA, WA 98908 18132912455 JOEL D & CHRISTINE L HUBBLE 807 S 68TH AVE YAKIMA, WA 98908 18132912418 JOSE M VARGAS 7003 MIDVALE RD YAKIMA, WA 98908 18132921432 JOSE 0 & GLORIA E DIAZ 808 S 72ND AVE YAKIMA, WA 98908 18132912417 JOSEPH R III & RENAE MARIE YOUNG 7001 MIDVALE RD YAKIMA, WA 98908 18132911402 KAREN A SISLER 6602 TIETON DR YAKIMA, WA 98908 18132912464 LENNARD L & CHERYL JORDAN 800 S 69TH AVE YAKIMA, WA 98908 18132912460 MARY H TORRES 6902 BRISTOL WAY YAKIMA, WA 98908 18132911446 LEON & MARILYN BURNAM 801 PICKENS RD YAKIMA, WA 98908 18132911401 MARY J CARSKADDEN 607 PICKENS RD YAKIMA, WA 98908 18132912513 MANUEL G MARTINEZ 811 S 72ND AVE YAKIMA, WA 98908 18132912493 NEIL F & MARTHA C LENTSCH 6805 BRISTOL WAY YAKIMA, WA 98908 18132912457 PARTICK & SHARON MORRISSEY 6804 BRISTOL WAY YAKIMA, WA 98908 18132924438 PATRICK C & ANABELLE M FERGUSON 64 LATERAL A RD WAPATO, WA 98951 18132912420 RAMON & ANA LILIA AYALA 7105 MIDVALE RD YAKIMA, WA 98908 18132044415 RANDY C & JUDY K VALICOFF 2000 KONNOWAC PASS RD MOXEE, WA 98936 18132921574 RENEE M BUNTING 7205 MIDVALE RD YAKIMA, WA 98908 18132912414 REYNALDO S & DOLORES S DELANSIG 11824 SE 198TH ST KENT, WA 98031 oc. INDEX 18132912461 RICHARD J & CHANDRA A HARPEL 806 S 69TH AVE YAKIMA, WA 98908 18132911445 ROBERT & BEVERLY VALDEZ 713 PICKENS RD YAKIMA, WA 98908 18132911411 1 ROBERT B & ELIZABETH A LUKE 805 PICKENS RD YAKIMA, WA 98908 18132911400 ROBERTJ & SHARON L KIVI 6606 TIETON DR YAKIMA, WA 98908 18132912495 ROBERT P & ALICIA N SCHEFTER III 6903 BRISTOL WAY YAKIMA, WA 98908 18132912512 ROBYN WRIGHT 809 S 72ND AVE YAKIMA, WA 98908 18132911453 RONALD T & KATHRYN L ARRIGONI 808 PICKENS RD YAKIMA, WA 98908 18132044433 SAMUEL P & CARRIE E MCCOY 9208 YAKIMA CT YAKIMA, WA 98908 18132911407 RUSSELL E & DONNA MARIE EVANS 130 206TH AVE SAMMAMISH, WA 98074 18132912419 SEAN M & CRISTINA M BROWN 4001 SUMMITVIEW AVE STE 5 PMB 239 YAKIMA, WA 98908 18132912459 RYAN P MCCANNA 6900 BRISTOL WAY YAKIMA, WA 98908 18132044400 SHAUN & PRISCILLA EAGAN 2205 S 77TH AVE YAKIMA, WA 98908 18132911412 STEVEN B & JADENE L WALTERS 809 PICKENS RD YAKIMA, WA 98908 18132911406 STEVEN M & VALERIE A BRANCH 701 PICKENS RD YAKIMA, WA 98908 18132921448 THOMAS A & SHERRIE L STOOTHOFF 7207 MIDVALE RD YAKIMA, WA 98908 18132911458 TIMOTHY HALL 1620 GIBBLER RD YAKIMA, WA 98908 The Lodges In West Yakima LLC 2550 Barton Rd Yakima,' WA 98903 18132912489 WAYNE & MARGARET PACKARD 6806 DUNDEE CT YAKIMA, WA 98908 Attn Mark Fickes Halverson Northwe PO Box 22550 Yakima, WA 98907 107 Total Parcels - The Lodges In West Yakima LLC / Congdon Development Co LLC - RWV#002-17 112 In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carol n.Belles aov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Joe Caruso Code Administration Joe.Carusoraryakiirtawa.gtw Suzanne DeBusschere Code Administration Suzanne.Debusschere ti akirnavva. ov Joan Davenport Community Development Joan.Davenportayakimawa+gov Dan Riddle Engineering Dan.Riddle@yakimawa.gov ike Shane Engineering Mike.Sliane a yakirnawagov Mark Soptich Fire Dept MarLSo.tichi kirtiawa. ov Jeff Cutter Legal Dept JefiCutterpkakithawa.gov Sara Watkins Legal Dept Sara,Watkins akimawa,LOV. Archie Matthews Joseph Calhoun ONDS Planning Division Archie.Matthewskkakimawa.gov Joeph Chief Rizzi Police Department Dorninic.Rizzi iyakithawa.gov Scott Schafer Public Works Dept oretta Zammarchi Refuse Division Randy Layman Refuse Division Scott„Sehafertickyakiietawa gran Loretta.Z mnri khi akintawa. ton Randy,LaylilaliCenyakintawa.gov Naeem Kara Transit Division Nahern.Kara@yakirnawa.gov James Dean . Utilities Jitmes.Deatii@yakintawa.gov Dana Kallevig astewater DanaKallevi akitnawa. ov Randy Meloy Wastewater Randy.MeloyA, akimawa.gov For the Record File Binder Copy Type of Notice: Nt Ota -r -N: Q-Urft File Number(s): OV Date of Mailing: Revised 04/2017 113 Maxey, Lisa From: Maxey, Lisa Sent: Monday, January 29, 2018 9:38 AM To: 'Gary Cuillier; 'Kevin Richardson Legal Secretary for Gary Cullier'; Belies, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Desgrosellier, Bob; lbarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Watkins, Sara; Zammarchi, Loretta; Associated Press; Bastinelli, Mike; Brown, Michael; Casa Media Partners Rebecca Lambert; Davido, Sean; El Mundo; El Sol de Yakima Normand Garcia; Fannin, John; Hispanic Chamber of Commerce; KAPP TV News; KBBO-KRSE Radio manager; KCJT TV News; KDNA Radio Francisco Rios; KEPR TV News; KIMA TV News KIT News; K)T/KATS/DMVW/KFFM Lance Tormey; KNDO TV News; KNDU TV News KVEW TV News; La Casa Hogar; La Voz; Lozano, Bonnie; NWCN News; NWPR Anna King; Randy Luvaas Yakima Business Times; RCDR Maria DJ Rodriguez; Reed C. Pell; Tu Decides; Tu Decides Albert Torres; West VaIIey School District Angela Watts; Yakima Herad Republic Mal Hoang; Yakima Herald Republic Newspaper; Yakima School District Jack |rinn; Yakima School District Scott |zutsu; Yakima Valley Business Times; Yakima VaIIey Business Times George Finch; Beehler, Randy Cc: Crowell, Eric Subject: Notice of Petition & Public Hearing The Lodges In West Yakima LLC/Congdon Development Co LLC RWV#002-17 Attachments: NOTICE OF PETITION & HEARING_The Lodges in West Yakima LLC Congdon Dev....pdf Attached is a Notice of Petition & Public He ' regarding the above -entitled project. If you have any questions about this pal please o1uct assigned planner Eric Crowell at (509) 576-6736 or email to: eric.crowellavakirnawa.gov. Thank you! Lisa Maxey Planning Specialist 1 City of Yakima Planning Division Planning Division: (509) 575-61 Direct Line: (509) 576-6669 - Lisa.,Maxey@yakimawa„gov 129 N 2nd Street, Yakima, WA 98901 SS 1111,1t% #08 a SAX annIng 1 A daily part of your life Ad Proof ,BL/ yakima-herald.com This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 01/26/18 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA,AP Address: 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Fax: Account Rep: Phone # Email: Simon Sizer (509) 577-7740 ssizer@yakimaherald.com Ad ID: 790884 Start: 01/29/18 Stop: 01/29/18 Total Cost: $204.40 Lines: 112.0 # of Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald -Republic 01/29/18 114 EIOC. INDEX 115 NOTICE OF PETITION AND PUBLIC HEARING DATE: January 29, 2018 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director APPLICANT: Halverson Northwest for The Lodges in West Yakima LLC SUBJECT: Notice of Petition for the vacation of public right-of-way FILE NO.: RWV#002-17 DATE OF APPLICATION: December 11, 2017 DATE OF COMPLETE APP: January 3, 2018 TAX PARCEL NUMBER: 181329-11441 & -14422 LOCATION: Vic. of Midvale Rd. & S. 64th Ave. NOTICE OF PETITION The City of Yakima Department of Community Development has received, from Halverson Northwest on behalf of The Lodges in West Yakima LLC, a request to vacate a portion of public right- of-way in the vicinity of Midvale Rd. and S. 64th Ave. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall — 2nd Floor, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, February 22, 2018, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N. 2nd St., Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: Joan Davenport, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St., Yakima, WA 98901 If you have any questions on this proposal, please call Eric Crow- ell, Associate Planner at (509) 576-6736. Other Permits Required: None Enclosed: Petition, Written Narrative, Site Plan, and Vicinity Map The City Council shall decide whether or not to vacate the street or right-of-way which is the subject of this notice. The Hearing Examiner conducts a public hearing and makes a recommenda- tion to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the Hearing Examiner's recommendation will be considered, leave your name and mailing address in writing with a representative of the Community Development Department present at the public hearing. (790884) January 29, 2018 Courtesy of Yakima Herald -Republic Public Le al. Notices.. Monday, January 29, 2018 7B `_ublic_L�s al_N_otike.s NOTICE OF PETITION AND PUBLIC HEARING DATE: January 29, 2018 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director APPLICANT: Halverson Northwest for The Lodges in West Yakima LLC SUBJECT: Notice of Petition for the vacation of public right-of-way FILE NO.: RWV#002-17 DATE'iOF APPLICATION: December 11, 2017 DATEiOF COMPLETE APP: January 3, 2018 TAX PARCEL NUMBER: 18132911441 & -14422 LOCATION: Vic. of Midvale Rd. & S. 64th Ave. NOTICE OF PETITION The City of Yakima Department of Community Development has received, from Halverson Northwest on behalf of The Lodges In West Yakima LLC, a request to vacate a portion of public right- of-way in the vicinity of Midvale Rd. and S. 64th Ave. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall — 2nd Floor, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING, This request requires that the Hearing Examiner hold an open record public hearing. The public hearing Is scheduled to be held on Thursday, February 22, 2018, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N. 2nd St„ Yakima, WA. Any person desiring to express their views on this matter is Invited to attend the public hearing or to submit written comments to: Joan Davenport, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St., Yakima, WA 98901 If you have any questions on this proposal, please call Eric Crow- ell, Associate Planner at (509) 576-6736. Other Permits Required: None Enclosed: Petition, Written Narrative, Site Plan, and Vicinity Map The Cily Council shall decide whether or not to vacate the street or right-of-way which Is the subject of this notice. The Hearing Examiner conducts a public hearing and makes a recommenda- tion to the City Council. If you wish to be Informed of the time, date, and place of the City Council meeting at which the Hearing Examiner's recommendation will be considered, leave your name and mailing address in writing with a representative of the Community Development Department present at the public hearing. (790884) January 29, 2018 116 DOC. +1 D X CITY OF YAKI A r arming DEP]. _ fMENT OF COMMUNITY DEVELC . ✓IENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTICE OF PETITION AND PUBLIC HEARING DATE: January 29, 2018 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director APPLICANT: Halverson Northwest for The Lodges in West Yakima LLC SUBJECT: Notice of Petition for the vacation of public right-of-way FILE NO.: RWV#002-17 DATE OF APPLICATION: December 11, 2017 DATE OF COMPLETE APP: January 3, 2018 TAX PARCEL NUMBER: 181329-11441 & -14422 LOCATION: Vic. of Midvale Rd. & S. 64th Ave. 117 NOTICE OF PETITION The City of Yakima Department of Community Development has received, from Halverson Northwest on behalf of The Lodges in West Yakima LLC, a request to vacate a portion of public right-of-way in the vicinity of Midvale Rd. and S. 64th Ave. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall — 2nd Floor, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, February 22, 2018, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N. 2nd St., Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: Joan Davenport, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St., Yakima, WA 98901 If you have any questions on this proposal, please call Eric Crowell, Associate Planner at (509) 576-6736. Other Permits Required: None Enclosed: Petition, Written Narrative, Site Plan, and Vicinity Map The City Council shall decide whether or not to vacate the street or right-of-way which is the subject of this notice. The Hearing Examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the Hearing Examiner's recommendation will be considered, leave your name and mailing address in writing with a representative of the Community Development Department present at the public hearing. Yakima ta WWW‘ rrItI CITY OF YAKIMA anning CITY OF YAKIMA LAND USE ACTION INSTALLATION CERTIFICATE File Number: Applicant/Project Name: Site Address: 118 Date of Posting: Location of Installation (Check �ne): Land Use Action Sign is installed per standards described in YMC §15A 1.080(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (f not pre -approved by the Planning Manager) may not be acceptable by the Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: The required notice of application will be sent to the applicant and property owners within a 300 -foot radius after the Planning Division has received this Land Use Action Installation Certification. Failure to post a Land Use Action sign and return this form signed in a timely manner may cause a delay in the application review process. I hereby testify that the installed sign fully complies with the Land Use Action sign installation standards (see pg. 2), that the sign will be maintained until a decision has been rendered, and that the sign will be returned within 30 days from the date the final decision is issued. Applicant's/nature App icanes ame (Please Print) Vc/yq Applicant's Phone Number Please remit the above certification and deliver to the City of Yakima Planning Division via email to ask.planning@yakimawa.gov or in person/by mail to: City of Yakima, Planning Division, 129 North 2' Street, Yakima, WA 98901. Page - 1 DOC. Revi A RESOLUTION RESOLUTION NO. R-2018-005 fixing time for a public hearing before the Hearing Examiner on February 22, 2018, on a petition (Petition No 17-09) to vacate right- of-way in the vicinity of Midvale Rd and S 64th Ave WHEREAS, pursuant to RCW 35.79 010, a petition (Petition No 17'09. RVV\/#002-17) has been filed with the City C|erh, requesting the vacation of a street or alleyway (or portion thereof) within the City of Ymk|rnm, a true copy of which petition is attached and incorporated into this resolution (Exhibit ^A~). and WHEREAS, such a petition has been signedbvtheoxvnenoofmoneUlanbwo'thirdo (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The above -referenced petition for vacation is hereby referred to the Hearing Examiner for public hearing pursuant to section 1 43 080 of the City of Yakima Municipal Code The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition The Hearing Examiner's Public Hearing shall be held on February 22, 2018 at 9 00 a m in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution It is further resolved that the City Clerh, or administrative official, give notice of the Hearing Examiner Public Hearing in the form and manner prescribed by RCW 35 79 020 and Section 14 21 040(C) of the City of Yakima Municipal Code ADOPTED BY THE CITY COUNCIL this 16th day of January, 2018 Wialett Sonya �.u`4 `�^ ^,^ w amTee ,City Cie �. ��, *~ rt ��� � Ale 119 DERA,RTMENT OF COMMUNITY DEVELOPMENT MSN r'N arYriOF YAK1AAA fling January 3, 2018 Joan venport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask. p lanning@yakimawa.gov • www.yakimawa.gov/services/planning FILE NUMBER(S): REPRESENTATIVE: APPLICANT: APPLICANT ADDRESS: PROJECT LOCATION: TAX PARCEL NO: DATE OF REQUEST: SUBJECT: To Whom It May Concern: RVVV#002-17 Halverson Northwest c/o Mark Fickes The Lodges in West Yakima LLC 2550 Barton Rd., Yakima, WA 98903 Vic. of Midvale Rd. & S. 64th Ave. 181329-11441 &-1i December 11, 2017 Notice of Complete Application 120 The application for The Lodges in West Yakima LLC's Right -of -Way Vacation located in the vicinity of Midvale Rd. and S. 64th Ave. was received on December 11, 2017. As of January 3, 2018, the application is considered complete as required by the City of Yakima's Municipal Code (YMC) and site plan checklist, as referenced in YMC § 14.21.030. The Development Services Team (DST) held a meeting on December 19, 2017 to review your project. Continued processing of your request will include, but is not limited to the following actions: A public hearing will be scheduled with the Yakima City Council to initiate the vacation of the right-of-way as described above, which includes scheduling a public hearing date with the Hearing Examiner. 2. A Notice of Application will be sent to all property owners within 300 feet of your project. This notice will include a request for public comments during a 20 -day public comment period as is required by the City of Yakima. 3. A public hearing will be held by the Hearing Examiner, who will make a recommendation to City Council. 4. City Council will hold an open record public hearing to consider the Hearing Examiner's recommendation and make a final decision on the proposal. If you have any questions regarding this matter please call me at (509) 576-6736. Sincerely, Eric Crowell Associate Planner Yakima 11111 DOC. f41 INDEX 121 THE LODGES IN WEST YAKIMA LLC / CONGDON DEVELOPMENT CO LLC RWV#002-17 T - T' CHAPTER G Supplemental Information G4 G-2 G-3 G-4 Subdivision Guaran 12/11/2017 Six Year Transportation Improvement Program 2018 to 2023 Memo from Halverson Northwest In Support of Right -of -Way Vacation Petition Email from Associate Planner Eric Crowell to Hearing Examiner Ga Cuillier Re:ardinl Westwood West Rezone 02/15/2018 02/16/2018 03/02/2018 122 Crowell, Eric From: Crowell, Eric Sent: Friday, March 02, 2018 2:36 PM To: 'tcbgc@aoioom' Subject: Westwood West zoning (2nd attempt) Attachments: Westwood West rezone.pdf Gary, In 2015, the Yakima City Council approved a comp plan amendment for the Westwood West golf course. The flag lot thatabutsMidva|eRd.atS.64thAve.vvasrnaintainedosLoxvDenshyResidentia|a|ongthe"po|e"portionandwes chan8edfronnLovvDensityResiden1ia|1oK8ediumDensityResidentia|a|ong1he`Oag"portion. Also in 2015, the Low Density Residential portion of the flag lot maintained its zoning as R-1, while the new Medium Density Residential portion of the flag lot was rezoned to R-2. As the new comprehensive plan that was adopted last year altered the names and implementing zones of our future land use designations, the R-1 portion was kept as Low Density Residential while the R-2 portion was renamed to Mixed Residential. If you look at the provided maps, it appears that the R-1 zoning that stretches from Tieton Dr. to Midvale Rd. 15 actually 100 feet wide. Upon viewing the rezone documentsthere appeared to be quite a bit of concern from residents in the R-1 subdivisions to the west regarding the potential commercial and higher density residential nature of the Westwood West property, which is why the western 100 feet of the flag lot was rezoned to R-1 so as to create a buffer with the existing adjacent R- 1pnoperties. 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IND cc z 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 127 RECEIVED FEB 1 13 2018 CITY OF YAKIMA FLAC:O:C1 DIV BEFORE THE HEARING EXAMINER IN AND FOR THE CITY OF YAKIMA, WASHINGTON In re The Lodges in West Yakima, LLC Petition to Vacate Portion of Public Right -of - Way (Midvale Road) Applicant RWV NO. 002-17 MEMORANDUM IN SUPPORT OF PETITION TO VACATE PUBLIC RIGHT-OF-WAY THIS MEMORANDUM is submitted by Mark E. Fickes of Halverson Northwest Law Group P.C. as legal counsel for the Applicant, The Lodges in West Yakima, LLC ("The Lodges" or "Applicant") in support of its Petition to Vacate an unused portion of the Midvale Road right-of-way located immediately north of Applicant's property and west of South 64th Avenue in Yakima, Washington. I. INTRODUCTION The Lodges' Petition is based on the files and records submitted to the City, including its complete Application and Narrative attached as Part III, as supplemented by this Memorandum and additional information and testimony to be provided at the hearing. The Lodges as Applicant and the owners of all property abutting the right-of- way (Congdon Development Company, LLC and Westwood West Golf Course, Inc.) simply seek what should be a non -controversial request to vacate a 30 -foot wide MEMORANDUM IN SUPPORT OF PETITION TO VACATE PUBLIC RIGHT-OF-WAY HALVERSON 64." NORTHWEST 00 East Li,;t- ckai inaAwv eA4 *7:0,?6, 03 NDU 5g)9241 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 128 unused portion of the Midvale Road right-of-way shown on the map attached to the Application. No opposition is anticipated and it is anticipated that planning staff will support the Application. Applicant has now completed the purchase of adjoining property for a high- quality apartment complex and development which received preliminary approval from the City in an October 25, 2017 Decision submitted with the Application. In part relying on prior decisions of the Examiner, the City's Decision approving The Lodges' project recognized that portions of the dedicated right-of-way for the future extension of Midvale Road is not needed for public roads or utilities and may be vacated. The requested vacation is consistent with these land use decisions, the legal criteria for vacating unused rights-of-way, and will allow a portion of the vacated right-of-way to be used by abutting land owners for access to existing and future developments to and from 64th Avenue consistent with the existing road approaches constructed by the City. The Lodges' Petition should be granted because all the criteria set forth in RCW 35.79 et. seq. and the City's right-of-way vacation ordinance (YMC 14.21 et. seq.) have been met. 11. ARGUMENT A. The City Has Broad Discretion to Vacate Streets Cities have extremely broad authority to vacate public streets or rights-of-way within its boundaries, and a municipality's decision to vacate a street is a legislative decision that Washington Courts will not review except in narrowly prescribed circumstances. See, e.g., RCW 35.79.010; YMC 14.21.050; See e.g., Banchero v. City Council of City of Seattle, 2 Wash. App. 519, 523, 468 P.2d 724, 728 (1970), and Capitol Hill Methodist Church of Seattle v. City of Seattle, 52 Wash. 2d 359, 368, 324 P.2d 1113, 1119 (1958). Both the statute and municipal code cited above contain general criteria for approving street vacation petitions, the primary criteria being a demonstrated "public benefit." RCW 35.79.010; YMC 14.21.050(1). Any party challenging a City's decision to vacate a public right-of-way has the burden of showing a complete lack of any public benefit, and a street vacation ordinance is presumed MEMORANDUM IN SUPPORT OF PETITION TO VACATE PUBLIC RIGHT-OF-WAY RECEIVED FEB 1 2 018 -2- COY OF YAKIMA PLANNINC 0V HALVERSON NORTHWEST P.C. rote Ave, Ro. Box 22550 Wu WA 98907 IND 9.248 6030 V 111. 2 4 5 6 7 10 11 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3(1 31 32 33 34 35 129 valid. See e.g., London v. City of Seattle, 93 Wash. 2d 657, 662, 611 P.2d 781, 785 (1980) (citations omitted). In the present case there is little question that the public benefit element for vacating a portion of the Midvale Road right-of-way exists. The right-of-way has not been used for its intended purposes and contains no city -owned improvements or utilities. The City planning staff has confirmed that portion of right-of-way is not only not needed, but will never be used for a through city street. In fact, as noted in the recent land use decision approving the Applicant's apartment project, prior land use decisions have confirmed that it should not be used for a through city owned and dedicated street. See, City's Decision Approving Class 2 Use (CL2#014-17), pages 6,15, 21. Vacation of the right-of-way will allow existing road approaches to South 64th Avenue to be used for the benefit of an approved project that provides needed housing to area residents in compliance with all applicable law. The vacation will help improve the safety and efficiency of access to both planned existing and future development. Vacation of a small portion of an unused road right-of-way that helps provide additional access to an approved project clearly meets the general public benefit requirements for approving the vacation Petition. B. The Petition Satisfies the City's Five Criteria for Vacating the Rig ht -of -Way RCW 35.79 et. seq. gives cities broad discretion to implement their own street vacation criteria. The City of Yakima has elected to consider five general criteria in its Right -of -Way Vacation Application and ordinance. See, Part 111 - Application Information and YMC 14.21.050(A). In the present case as will be demonstrated in the hearing, these criteria are all satisfied by the pending request. Therefore, the Petition should be granted. 1. "What is the Public Benefit, Reason for, and Limitations of the Proposed Right -of -Way Vacation?" The Petition's public benefits are discussed above and are summarized in the staff report and The Lodges' Narrative. In brief summary, the vacation's public benefits include (i) the unused right-of-way will never be used by the City for through RECEIVED HALVERSON 1 NORTHWEST P.C. 405 East Lincoln Ave. I P O. Box 22550 MEMORANDUM IN SUPPORT OF - 3 - nnerva, WA °,1** D7 PETITION TO VACATE PUBLIC FEB 1 C 2018 —.1•9'15/39 248 6030 RIGHT-OF-WAY INDEX CITY OF YAKIMA on/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 130 streets or utilities, but may be suitable for private driveways providing access to 64th Avenue consistent with road approaches already constructed by the City; (ii) it will provide safe and alternate access to commercial developments for both approved and future projects on properties immediately adjacent to the right-of-way; (iii) it will allow access to The Lodges' approved apartment project consistent with existing City decisions; (iv) it will promote the provision of needed housing to area residents; and (v) it may result in additional property tax revenue for the City. "Does the Vacation Deny Sole Access to a Public Street for Any Property?" The vacation would not deny sole access to a public street for any property. As a practical matter, Midvale Road to the west has been abandoned by the City as a future right-of-way for a through street, and prior land use decisions have recognized it more as a buffer between residential properties to the north and commercially zoned properties to the south. No properties (abutting or non -abutting) would be denied access to a public street regardless of how the vacated portion of the right-of-way is used in the future. 3. "Is the Proposal Consistent with Existing Plans of the City?" As the staff report will confirm, the proposal is consistent with the existing plans of the City. No public improvements are contemplated in any Transportation Improvement Plan and land use decisions in essence prohibit its use as a through road. The Vacation Petition actually would allow abutting property owners to utilize existing road approaches and accesses already built by the City to South 64th Avenue. "Is the Vacation Appropriate with Existing Zoning and Land Use?" The vacation is appropriate with existing zoning and land use. Upon vacation, the right-of-way would maintain the zoning designation of R-2 consistent with the property to the north (from which the right-of-way was originally obtained in a RECEIVED HALVERSON I NORTHWEST P.C. MEMORANDUM IN SUPPORT OF PETITION TO VACATE PUBLIC RIGHT-OF-WAY } �} A in Ave.I �.O. Box 2255# EB gun) WA 7 FLA!: s r DIV IND 2 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 131 dedication on the face of the plat). Both the property to the north and south are suitable for mufti -family development and a portion of the vacated right-of-way may provide legal development secondary access to 64th Avenue via private improvements. 5. "Are There any Public or Franchised Utilities in the Right -of - Way to be Vacated and If so, Will They be Relocated?" There are no public or franchised utilities in the right-of-way and none are contemplated by the City. The portion of the right-of-way simply will never be used for public road or utility installations and was the old location of a future road that is no longer needed based on the City's development plans. III. CONCLUSION For the above reasons, The Lodges requests that the Hearing Examiner recommend approval of the Vacation Petition to the Yakima City Council with conditions consistent with applicable law. No compensation from Applicant or adjoining land owners is required under YMC 14.21.070(A)(4), as the right-of-way was dedicated more than five years ago on the face of the plat without consideration, and no city improvements are located within the right-of-way. DATED this iC74 day of f7enid/V , 2018. MEMORANDUM IN SUPPORT OF PETITION TO VACATE PUBLIC RIGHT-OF-WAY HALVERSON NORTHWEST LAW GROUP Attorneys of Applicant By: - 5 - Mark E. Fickes, WSBA #17427 HALVERSON I NORTHWEST P.C. 40 Ir Ave.1 P.O. Box 22550 Tha, WA 98907 INDEX' 6°3° Agency: Yakima Co. No.: 39 City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG Six Year Transportation Improvement Progro CI From 2018 to 2Z;) Z Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: Project Identification A. PIN/Federal Aid No, B. Bridge No, C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done 2 Phase Start 9 Project Coots in Thousands of Dollars Fund Source information Federal Funding F Federal Fund ederal State Code Cost by Fund Code Phase 4 North 1st Street Revitalization North 1st Street from: 'NStreet to: SR 12 Improve North 1st Street by rehabilitating the pavement and lane markings, removing on -street parking, enhancing street and pedestrian lighting, constructing median islands and installing various pedestrian and decorative elements. 06 0,42 T 0 5 CN /1/201 10 STP(U) 1 2 State Funds Local Funds 14 Total Funds 5 Expenditure Schedule (Local Agency) Federally Funded Projects only 1st 6 2nd 7 3rd 18 4th 19 R/W Envir, Required Type Date (MM/YY) 20 2 2,718 424 442 42 No Totals 2,718 424 3 142 3142 7 2 North 1st Street Revitalization, Phase 2 N. 1st Street from: 'H' Street to: 'N'Street Improve North 1st Street by rehabilitating the pavement and lane markings, removing on -street parking, enhancing street and pedestrian lighting, constructing median islands and installing various pedestrian and decorative elements. 4 North let Street Revitalization, Phase N, 1st Street from: MLK Blvd. to: 'H'Street Improve North 1st Street by rehabilitating the pavement and lane markings, removing on -street parking, enhancing street and pedestrian lighting, constructing median islands and installing various pedestrian and decorative elements, Powerhouse Road Sidewalk Powerhouse Road from: Cowiche Canyon Rd to: Mobile Home Park Widen westbound lane to provide a 14 -foot wide shared bike lane and construct curb, gutter and sidewalk on the north side of the road. 06 2 06 2 0,50 .48 T c S CN 1/1/20 ASTLANE 4,250 TIB 750 0 5,000 5,000 CE Yes 12/31/2017 Totals CN 0 FASTLANE 4,250 5,000 5,000 4,250 TIB 750 5,000 5,000 CE Yes 2/31/2018 Totais TAP 4,250 5,000 5,000 245 24 245 245 245 245 C8 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co. MPO/RTPD: VVCOG 0 0 C3 Six Year Transportation Improvement Progra From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: T Resolution No.: 2 7 Project Identification A. PIN/Federal Aid No, C. Project Title t/Road Name or Number 60.5trel"errl NIP or RAW r 666,866 MP Of Rood DescribenaWork to Ite Done B. Bridge No, Sorenson Road Reconstruction ,Sorenson Road 'from: 36th Avenue to: 38th Avenue 'Widen roadway, install curb, gutter, sidewalk and istreet lights. 0 4 03 5 5 Phase Start 2018 Protect Costs itt Thousand of Dollars Fund Source Information Federal Funding Federal Federal Fund Cost by Code Phase 0 State Fund Code 2 SIED State Funds 180 Local Funds 4 40 Total Funds 5 320 Expenditure Schedule (Local Agency) Federally Funded Projects Only 1st 6 20 2nd 17 3rd 4th 9 R/W Envir, Required Type Date (MM/YY) 20 2 Yes 3/1/2017 01515 80 140 320 20 5 6 Bravo Company Boulevard North 10th Street from: 'HStreet to: Lincoln Ave, Construct new roadway including water, sewer, curb, gutter, sidewalk, street lighting and storm drainage system. E. '/-'Street Extension, Ph. E.'H' Street from: 1st Street to: 10th Street Construct new roadway including water, sewer, curb, gutter, sidewalk, street lighting and storm drainage system. Northside Alley Paver Alleys between Folsom Ave. and Fruitvale Blvd. from: 16th Avenue to: 6th Avenue Pave the east/west gravel alleys between Folsom Avenue and Fruitvale Boulevard from 16th Avenue to 6th Avenue 01 06 01 08 2018 CMAQ 353 LIFT LIFT TIB 800 4,480 200 1,120 1,000 5,600 ,00 5,600 5,280 1,320 6,600 1,000 5,600 1,500 500 3,100 00 4,600 3,600 5 100 57 41 57 410 5 500 410 410 4,600 4,600 06 CE CE Yes 1/1/2018 Yes 12/1/2018 No Agency: Yakima Co. No.: a City No.: 1485 8 2 Co. Name: Yakima Co. Six Year Transportation Improvement Progein From 2018 to 2023 MPO/RTPO: YVCOG Hearing Date: 6/6/17 8, 6/20/17 Adoption Date: 6/20/2017 Project Identification A. PIN/Federal Aid No, B. Bridge No. C. Project Title D. Street/Road Name or Number Scaaatioa ttta or Rood -Wing MP or 61 F. Describe Work to Be Dane 7 E. Nob Hill Blvd & Fair Ave. VS improvements Nob Hill Boulevard from: E. Nob Hill Blvd. to: Fair Ave. Widen Nob Hill Boulevard through the intersection, construct left -turn lane, curb, gutter, sidewalk, street lighting and drainage. Upgrade signal by installing mast arm structures. 4 5 6 N/A Fci 7 P Amend Date: Resolution No.; Project Costs in Thousands of Donets 8 6155 CN 1/1/2018 6/1/2019 Fund Source Information Federal Funding Federal FunFederal d Cost by Code Phase 10 STP(U) 1,457 State Fund Code 2 OTHER State Funds 9 Local Funds 4 29 227 Total Funds 5 219 1,684 Expenditure Schedule (Local Agency) 1st 2nd 6 7 216 3rd 1,684 4th 9 Federally Funded Projects OnIy Envir, Type 20 CE R/W Required Date (MM/W) 2 Ves 1/1/2019 Totals 1,457 256 1,903 216 1,684 7 S. Soo] Avenue Bridge S. 80th Avenue from: Wide Hollow Rd. to: Plath Ave. Replace existing two-lane bridge over Wide Hollow Creek with three -lane bridge, The City's involvement is only to pass through of an Ecology grant in conjunction with the County's flood plain management project. 09 0.05 PE CN 1/2017 1/1/2018 DOE DOE 25 75 01 25 0 75 25 75 CE No Totals .00 75 7 19 Wide Hollow Rood Bridge Wide Hollow Road from: 89th Avenue to: 88th Avenue Replace existing two-lane bridge over Wide Hollow Creek with three -lane bridge. The City's involvement is only to pass through of an Ecology grant in conjunction with the County's flood plain management project. 09 0.05 T PE CN DOE DOE 2 7 25 75 25 75 CE 0 Totals 100 9 20 West River Road Improvements River Road from: 40th Avenue to: 34th Avenue Reconstruct and widen roadway to three lanes, install curb, gutter, sidewalk, street lights and drainage. 03 04 PE RW CN 1/1/2018 4/1/2018 1/1/2019 SIED SIED SIED 55 55 100 100 550 550 100 110 200 1,100 25 75 10 200 1,100 CE Yes 2019 705 705 1,410 110 200 1,100 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG Six Year Year Transportation Improvement Progei Hearing Date: 6/6/17 & 6/20/17 Amend Date: From 2018 to 2023 Adoption Date: 6/20/2017 Resolution No.: c a Project Identification A. PIN/Federal Aid No, B. Bridge No, C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done Project Costs in Thousands of Dollars Phase Start Fund Source Information Federal Funding Federal State Federal Fund Cost by :Fund Code Code Phase State Funds Local Funds Expenditure Schedule (Local Agency) Total Funds 1st 2nd 3rd 4th Federally Funded Projects Only 11/JA/ Envir, Required Type Date 2 3 4 6 7 12... 4 6 7 8 3 20 2 25 McClure Elementary School Safety Improvements Various locations from: to: This project will make various pedestrian safety improvements in the vicinity of McClure Elementary School, such as, constructing sidewalk, ADA ramps and improving crosswalks. 2 N/A p T PE 1/1/20 RW 4/1/20 CN 1/1/20 SRTS SRTS SRTS 22 20 228 CE Yes 6/1/2019 Totals 270 19 26 McKinley Elementary School Safety Improvements Various locations from: to: This project will make various padestrian safety improvements in the vicinity of McKinley Elementary School, such as, replacing delapitated sidewalk, constructing ADA ramps, and installing a HAWK pedestrian crossing system. 2 PE CN 20 1/1/2019 58T5 5815 50 430 270 50 430 42 22 50 430 CE 0 Totals 480 0 480 50 430 19 27 th Avenue Roodway Improvements bth Avenue from: Walnut Street to: River Road Reconstruct the existing trolley rail and impacted roadway, grind and overlay the remaining width of 6th Avenue, 03 07 PE CN 1/1/2020 1/1/2021 OTHER OTHER 2001 2,000 2001 400 2,000 4,000 400 CE No Totals 0 2200 4 400 ,, 0 400 4,000 28 5412 & 15t/i Avenue Interchange Westbound ramps of 5R 12 from: 16th Avneue to: SA 12 Construct a roundabout where the westbound ramps intersect with N. 16th Avenue. PE CN 20 202 STP(U) STP(U) 86 779 14 121 100 900 100 900 CE No Totals 865 135 1,000 100 900 Agency: Yakima Co. No.: City No.: 1485 Co. Name: Yakima Co MPO/RTPO: YVCOG Six Year Transportation Improvement Program From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: 5 Project Identification A. PIN/Federal Aid No, B. Bridge No. C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done Pro'ect Costs in Thousands of Dollars Phase Start Fund Source Information Federal Funding Federal Federal Fund Cost by Code Phase State Fund Code State Funds Local Funds Total Funds Expenditure Schedule (Local Agency) Federally Funded Projects Only 1st 2nd 3rd 4th Thru 6th Envir, Type R/W Required Date (MM/YY) 1 2 4 5 6 8 9 0 12 1 4 6 7 8 9 ' 20 21 4 3 N. 16th Avenue & Fruitvale Blvd. 1/S N. 16th Avenue from: N. 16th Ave. to: Fruitvale Blvd. Improve the intersection by constructing larger curb radii, installing ADA ramps, and upgrading the traffic signal system, 2 N/A P T 0 PE RVs CN 1/1/2019 1/1/2020 1/1/2021 STP(U) STP(U) STP(U) 126 173 400 18 27 62 144 200 462 44 200 462 CE Yes /1/2020 Totals 699 107 6 4 E. Mead Avenue Reconstruction E. Mead Avenue from: Rudkin Rd. to: Fair Ave. Partner with Union Gap to reconstruct E. Mead Avenue, install curb, gutter, sidewalk and storm drainage system. 03 06 0.76 T 0 PE CN /2020 2021 STP(S) STP(S) 122 1,730 TPP TPP 23 206 7 70 806 152 2,006 144 200 462 152' 2,006 CE No Totals 7 35 S. 48th Avenue Reconstruction South 48th Avenue from: Summitview Ave, to: Nob Hill Blvd, Reconstruct and widen 48th Avenue, install curb, gutter, sidewalk, street lighting and drainage syste 03 05 .00 T 0 PE CN 1/2019 1/2020 2021 STP(U) STP(U) STP(U) 1,852 223' 519 1,485 77 2,158 152 2,006 35 81 232 255 600 1,717 258 600 1,717 CE Yes 1/1/2020 Totals 2,227 48 7 6 Powerhouse Rd. & Englewood Ave. 1/5 Powerhouse Rd. from: Powerhouse Rd, to: Englewood Ave. Realign intersection, install curb, gutter, sidewalk and safety flashing signal. Possibly construct a roundabout. 2 N/A P T0 PE RVs CN 1/2019 1/2020 1/2021 STP(S) STP(S) STP(S) 43 87 500 7 78 2,575 50 100 578 258 600 1,717 50 100 CE Yes 578 1/1/2021 Totals 630 98 728 100 57 Agency: Yakima Co. No.: City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG Six Year Transportation Improvement Program From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: 'riority Number Project identification A. PIN/Federal Aid No. :C. Project Title 0, Street/Road Name or Number .E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done B, Bridge No. Project Costs in Thousands of Dollars Phase Start Fund Source information Federal Funding Federal Federal Fund Cost by Code Phase State Fund Code State Funds Local Funds Total Funds Expenditure Schedule (Local Agency) Federally Funded Projects Only 1st 2nd 3rd 4th Thru 6th R/W Envir, Required Type Date (MM/YYl 1 2 4 5 6 7 8 9 0 11 2 13 4 15 6 8 19 20 2 4 4 S. 48th Ave. & Summitview Ave. Signalization Summitview Avenue from: Summitview Ave. to: S. 48th Ave. Install traffic signal at the intersection of Summitvie :Avenue and 48th Avenue, 2 N/A PE CN 1/1/2020 STP(S) 6/1/2020 STP(5) 1/1/2021 STP(5) 2 25 554 4 4 6 29 29 29 29 635 CE Yes 021 14 42 S. 72nd Ave. & W Washington Ave. I/5 5, 72nd Avenue from s. 72nd Ave. to: W. Washington Ave. Improve intersection by installing a traffic signal system or roundabout. 12 06 Totals PE RW CN /1/2019 STPlC) /1/2020 STP(C) /1/2021 STP(C) 604 91 91 544 89 693 6 14 14 86 105 105 630 0 105 630 CE Yes /1/2021 14 43 N. 40th Ave. & Englewood Ave. Intersection N. 40th Avenue from: N.4015 Ave. to: Englewood Replace traffic signal poles and upgrade controller, 12 N/A Totals PE CN 726 114 840 05 105 630 4 44 Nob Hill Boulevard Sidewalk Improvements Nob Hill Boulevard from: S. 16th Ave. to: S. 6th Street Construct sidewalk in locations where it doesn't exist on the south side of Nob Hill 2 Totals PE CN 2020 2020 STP(U STP(U 43 260 7 40 50 300 300 350 /2020 /2021 /2022 STP(S) 5TP 5) STP(5) 55 107 327 8 9 51 63 126 378 6 126 378 CE Yes /1/2022 Totals 489 78 567 504 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG X ow 0 Six Year Transportation Improvement Progain From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: Project Identification A. PIN/Federal Aid No. C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done B. Bridge No. Project Costs in Thousands of Dollars Phase Start Fund Source Information Federal Funding Federal Federal Fund Cost by Code Phase State und Code State Funds Local Funds Expenditure Schedule (Local Agency) Total Funds 1st 2nd 3rd 4th Thru 6th Federally Funded Projects Only R/W Envir, Required Type Date (MM/YY) 2 4 5 6 7 8 9 0 2 4 5 16 17 9 20 2 7 49 Rudkin Road Reconstruction Rudkin Road from: E. Viola Ave. to: RanierPI. Reconstruct roadway, install curb, gutter, sidewalk and storm drainage. Partner with Union Gap to install additional sewer force main. 03 06 0.76 T PE 1/1/2019 CN 1/9/2020 STP(C) STP(C) 09 945 TPP 945 27 106 136 1,996 CE No Totals ,054 945 133 2,132 136 1,996 7 50 Englewood Avenue improvements Englewood Avenue from: N. 40th Ave. to: Al, .56th Ave. Widen roadway to three lanes, install curb, gutter, sidewalk, street lighting and storm drainage system. 05 06 .00 T VV 5 0 PE 1/1/2031 RW 1/1/2022 CN 1/1/2023 STP(C) STP(C) STP(C) 272 349 2,329 43 55 363 315 404 2,692 315 404 3,692 CE Ye Totals 2,950 461 3,411 3411 7 1 Englewood Avenue improvements Englewood Avenue from: N. 16th Ave. to: N. 24th Ave. Widen roadway to three lanes, install curb, gutter, sidewalk, street lighting and storm drainage system, water and sewer lines. 05 06 &so T 5 PE /1/2021 STP(U) RW 1/1/2022 STP(U) CN /2023 STP(U) 136 173 1,164 21 27 182 157 200 1,346 157 200 1,346 CE Yes 1/1/2023 Totts ,473 0 7 2 S. 80th Avenue Improvements S. 80th Avenue from: Tieton Drive tor Zier Road Widen roadway to three lanes, install curb, gutter, sidewalk, street lighting and storm drainage system. P T 0 PE RVS CN 1/1/2021 1/1/2022 1/1/2023 TIB TIB TIB 131 382 1,667 20 59 260 1,703 151 441 1,927 1,703 151 CE 441 1,927 Yes 1/1/202 Totals 2,180 39 2,519 2,519 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG Six Year Transportation Improvement Program From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: 1 ti Project Identification A. PIN/Federal Aid No. B. Bridge No. C. Project Title D. Street/Road Name or Number ea Beginning MP or Rood- Ending MP or Rood F. Describe Work to Be Done E 2 4 5 6 ca. 7 8 Phase Start 9 Project Costs in Thousands of Dollars Fund Source Information Federal Funding Federal State State Federal Fund Cost by Fund Ca e Funds Code Phase 10 11 12 Local Funds 14 Total Funds 15 Expenditure Schedule (Local Agency) Federally Funded Projects Only 1st 16 2nd 17 3rd 18 4th Thru 6th 19 R/W Envir, Required Type Date (MM/YY) 20 2 14 4 14 57 58 59 16th Avenue Corridor improvement 16th Avenue from: SR 12 to: Washington Ave. Study to determine strategies for improving the 16th Avenue corridor 40th Avenue Corridor Improvements 40th Avenue from: SR 12 to: Washington Ave, Study to determine strategies for improving the 40th Avenue corridor. Nob Hill Boulevard Corridor Improvemenls Nob Hill Boulevard from: 1-82 to: 16th Ave. Study to determine strategies for improving the Nob Hill Boulevard corridor. 4 PE 1/2020 STP(U) 120 2 17 7 7 137 T 0 5 PE 2020 STP(U) 120 17 37 37 120 17 137 37 14 60 North/South Connector to Unknown Road from: Ahtanum Rd, est Valley to: Summitview Ext. Corridor study to determine the best location for a north/south limited access route in West Valley. City and County joint project. 01 04 06 6.00 T 55 PE 1/2020 STP(U) 432 68 500 500 CE Yes 432 68 500 500 Agency: Yakima Co. No.: 19_ City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG Project Identification A. PIN/Federal Ald No, B. Bridge No. C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done 2 3 9 4 E 5 Garfield Elementary Safety Improvements Various Streets from: to: This project will make various pedestrian safety improvements in the vicinity of Garfield Elementary School, such as, constructing sidewalk, improving roadway crossings, installing flashers. 6 Yakima Valley Transportation Company Preservation Yakima Avenue from: Yakima Avenue This project will remove and replace a portion of the existing trolley rail in the vicinity of the intersection of 6th Avenue and Yakima Avenue. to: 6th Avenue E 4 12 0 Project Costs in Thousands of Dollars 0 Six Year Transportation Improvement Progii From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: Fund Source Information Federal Funding Federal Fund Code 6 N/A 10 Federal Cost by Phase 141 State Fund Code MIN State Funds Local Funds Total Funds Federally Funded Expenditure Schedule Projects Only (Local Agency) R/W Envir, Required 4th Type Date (MM/YY) 19 20 21 CE Yes 2nd 3rd 0,02 CN 2018 STPIE 52 52 52 CE 0 Totals 52 52 52 17 7 Spring Creek Road Reconstruction Spring Creek Road from: Washington Ave. to: 36th Avenue Widen roadway to three lanes, install curb, gutter, sidewalk and street lights. 0 CN 1/2018 IED ,100 820 1,920 1,920 SEPA Yes 3/1/2017 00 820 1,920 1,92 7 S. 36th Avenue Reconstruction 36th Avenue from: Spring Creek Rd. to: Sorenson Rd. Widen roadway to three lanes, install curb, gutter, sidewalk and street lights. 03 040 CN 2018 SIED 520 5 905 905 EPA Yes 3/1/2017 520 385 905 905 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co MPO/RTPO: YVCOG 0LJ Six Year Transportation Improvement Program From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: 2 9 Project Identification t A. PIN/Federal Aid No. s C. Project Title D. Street/Road Name or Number T'a6 trodiontng MP Or Road -Errand Wm Road F. Describe Work to Be Done B. Bridge No. 2 4 6 7 Project Costs in Thousands of Dollars CL 8 Phase Start Fund Source Information Federal Funding Federal State Federal Fund Cost by Fund Code Code Phase 2 State Funds Local Funds 14 Expenditure Schedule (Local Agency) Total Funds 1st 5 16 2nd 17 3rd 4th Thru 6th 13... Federally Funded Projects Only R/W Envir, Required Type Date 20 2 ,yy) 6 0 5. 'H'Street Extension, Ph, 2 E. 'Fr Street from: 10th Street to: I-82 Construct new roadway including water, sewer, curb, gutter, sidewalk, street lighting and storm drainage system. 4 Cowiche Canyon Trail Cowiche Canyon from: Powerhouse Road to: Trailhead Construct a 10 -foot wide pathway, including two bridges over Cowiche Creek. 0 0 28 2,00 RW 7/1/2019 1/2020 CWA CWA 05 1,695 105 1,695 500 2,500 500 2,500 105 1,695 CE Yes 1/1/2018 1/1/2020 Totals 00 105 1,695 4 5 M 34th Ave./Fruitvale Blvd. & N. 34th Ave./River Road Roundabouts 34th Avenue from: Fruitvale Blvd. to: River Road Improve the intersections of N, 34th Avenue & Fruiteale Boulevard and N. 34th Avenue & River Road by installing roundabouts 03 12 N/A T a 5 PE 6/112017 RW 7/1/2017 CN in/2018 HSIP hISIP HSIP 117 9 788 13 88 130 10 876 130 0 876 CE Yes 2018 Totals 914 1,01602 6 H Complete Streets Projects Various Streets from: N/A to: N/A Construct sidewalk an the south side of Swan Avenue from McGuiness Park to Campbell Lane, on Race St between 8th St and Roches Ave , south side oF nrasch Ave,from 2Mh to 16th, south side of Viola from 10th Ave. to rith Ave. and on Powerhouse road from Roberts. Elementary to Englewood 32 N/A 11 T PE RW CN 6/1/2017 7/1/2017 1/1/2018 TIB TIB TIB 35 100 365 35 100 365 100 365 Yes 2018 500 Agency: Yakima Co. No.: 39 City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG CS 0 CI Six Year Transportation Improvement Program From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: E 2 Project Identification A. PIN/Federal Ald No, B, Bridge No. C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done 3 5 Eo 4 5 6 7 8 Phase Start 9 Project Costs in Thousands of Dollars Fund Source Information Federal Funding Federal State Federal Fund Cost by Fund Code Code Phase 10 11 12 State Funds Local Funds 4 Total Funds 15 Expenditure Schedule (Local Agency) 1st 6 2nd 17 3rd 18 4th 9 Federally Funded Projects Only Envir, Type 20 R/W Required Date (MM/YY) 21 4 4 7 21 J6th Ave. & Tieton Dr. intersection Improvements 16th Avenue from: 16th Ave. to: Tietnn Dr, Reconstruct and widen 16th Avenue and Tieton Drive by adding left -turn lanes for all movements at the intersection Upgrade the traffic signal. 22 H 18th Street Underpass Yakima Avenue from: Yakima Ave. to: 18th Street Replace the bridge on E. Yakima Avenue that crosses over 18th Street, 23 4th Ave, & Ahtanum Intersection Improvements 64th Avenue from: 64th Ave. to: Ahtanum Rd. Improve the 64th Avenue and Ahtanum Road intersection by constructing a westbound right -turn lane on Ahtanum and installing a traffic signal. 12 2 0.40 0.02 N/A P T 5 0 T 0 5 T PE RW CN 11172019 311/2020 481P021 Totals PE 1/1/2019 CN PE RW CN 1/1/202o STP(U) STP(U) STP(U) BRAC BRAC 260 3,460 1,300 40 540 200 300 4,000 1,500 5,020 780 5,800 240 2,288 60 572 300 2,860 300 3,460 1,500 300 3,460 1,500 300 2,860 otals 2,528 632 3,160 300 2,860 1 /1:1121:53 CMAQ 1F1F2019 CMAQ 1/1/2020 CMAQ 56 43 433 9 65 7 50 67 500 65 50 500 500 CE CE CE Yes 4/1/202 Yes V1/2020 Totals 532 83 615 65 550 4 24 Sauth 16th Avenue Sidewalks 6th Avenue from: Washington Ave. to: Nob Hill Blvd, Install 7 -foot sidewalk on the west side of 16th Avenue. PE RtA CN 1/1/2018 6/1/2018 6/1/2019 PBP PBP PBP 54 234 369 6 26 41 60 260 410 0 260 410 CE Yes 6/1/2019 Totals 657 73 730 320 410 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co. c 0 Six Year Transportation Improvement ProgrJ From 2018 to 2023 MPO/RTPO: YVCOG Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: b Project Identification tA. PIN/Federal Aid No, B. Bridge No, C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done 2 4 7 Phase Start Federal Fund Code Project Costs in Thousands of Dollars Fund Source Information Federal Fitndirig 9 1 Federal State Cost by Fund Code Phase 2 State Funds Loral Funds 14 Total Funds 5 Expenditure Schedule (Local Agency) 1st 2nd 16 17 3rd 4th 9 Federally Funded Projects Only R/W Envir, Required Type Date (MM/YY) 20 21 14 29 5. 1st St. & E. Washington Ave. I/5 lmprovements South 1st Street from: S. 1st Street to: E. Washington Ave. Realign intersection, widen E. Washington Avenue to accommodate an additional lane, replace curb, gutter 'and sidewalk, and install a new traffic signalization system. 03 06 1/1/2019 STP(U) 1/1/2020 STP(U) 1/1/2021 STP(U) 260 260 1,211 300 300 1,400 269 2,000 00 300 1 400 CE Yes /1/2020 4 4 0 Washington Ave. & tangfiber Rd. Intersection Washington Avenue from: Washington Ave. to: Longfiber Rd. mprove the Washington Avenue and Longfiber Road intersection by constructing an eastboung left -turn ane on Washington and a northbound left -turn lane on Longfiber, install or replace curb, gutter, sidewalk, street lighting, storm drainage and safety flashing signal t. Nob Hill Boulevard Reconstruction E., Nob Hill Boulevard from: S. 6th Street to: 5. 18th Street Reconstruct and widen roadway to 5 lanes with intersection improvements, curb, gutter, sidewalk, street lighting and drainage system 0 05 06 03 04 06 N/A PE 1/1/2019 STPIU RW 1/1/2020 STP(U CN 1/1/2021 STP(U 100 100 688 14 14 107 114 114 795 114 114 795 CE Yes 2020 otals 888 115 1,0234 114 795 1/2019 STP(U 1/2020 STP(LI) 1/2021 STP(U) 14 32 N. 40th Ave. & Su mitview Ave. Intersection N. 40th Avenue from: N. 40th Ave. to: 5ummitview Dr, Improve the intersection by constructing larger corner radii, lengthening the turn lanes, and upgrading the traffic signal system. 2 N/A P T W 5 PE CN Totals 1/1/2019 STP(U) 1/1/2020 STP(U) 1/1/2021 STP(U) 545 1,090 6,532 8,167 126 130 692 630 1,260 7,552 1,275 9,442 630 1,260 7,552 630 1,260 7,552 CE Yes /1/2020 17 20 108 143 800 948 145 1,093 4 43 150 800 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co. MPO/RTPO: YVCOG Project Identification t A. PIN/Federal Aid No. B. Bridge No. C, Project Title D. Street/Road Name or Number E Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done 2 37 W. Lincoln Ave. & MLK Blvd. Reafignmeet W. Lincoln Avenue from: N. 5th Ave. to: Custer St Realign W. Lincoln Avenue, install curb, gutter, sidewalks, street lighting, drainage. 4 01 12 Six Year Transportation Improvement Program From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: Project Costs in Thousand's of Dultara 0 CL 030 C PE T RW W CN 0 P Phase Start 1/1/2010 1/1/2020 1/1/2021 Fund Source Information Federal Funding Federal State Federal Fund Cost by Fund Code Code Phase 10 STP(E) STP(E) STP(E) 1 424 1,047 1,801 12 State Funds 13 Local Funds 14 67 163 281 Total Funds 491 1,210 2,082 Expenditure Schedule (Local Agency) 1st 15 2nd 17 491 3rd 8 1,210 Federally Funded Projects Only R/W 4th Envir, Required Thru Type Date 6th (MM/YY) 9 20 21 2,082 CE " Yes 2020 Totals 3,272 511 3,783 491 210 2,082 6 7 38 Tieton Or & 5. 5th Ave. VS improyemen s Tieton Drive from: Tieton Dr. to: S. 5th Ave. Remove existing traffic signal and construct a roundabout, remove and replace curb, gutter, sidewalk, street lighting and drainage 9 Yakima Downtown Future Initiatives, Phase 5 14 40 from: 1st Street to: 9th Street Install historic lighting, sidewalk modifications and other improvements. Exact improvement area(s) to be determined E. Nob Hill Blvd. & 5. 18th Street proyements E. Nob Hill Boulevard from: E Nob Hill Blvd, to: S. 18th Street Widen south leg for double left turn from westbound Nob Hill, install curb, gutter, sidewalk, upgrade traffic signal system 2 N/A 5 T PE 1/1/2019 RW 1/112020 CN 111/2021 STP(U) STP(U) 69 104 865 11 16 135 80 120 1,000 120 1,000 CE Yes 0 To a s /1/2019 /2020 1/2021 STP(U) STP(U) STP(Li) 1,038 162 SO 50 346 OTHER OTHER 500 5,500 1,200 500 5,500 500 20 5,500 6,000 6,000 500 5,500 8 54 58 58 400 58 5 1,000 400" 446 70 516 58 58 400 CE CE No Yes 1/1/202 Agency: Yakima Co. No.: 39 City No.: 1485 Co. Name: Yakima Co, MPO/RTPO: YVCOG Six Year Transportation Improvement Program From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: Project Identification No, t A. PIN/Federal Aid B. Bridge No. z C. Project Title D. Street/Road Name or Number FE: DB: ,dh BeginningngMP or Road - Ending MP or Road Work to Be Done 2 3 45 E. Yakima Ave. & Fair Ave. Signalization Yakima Avenue from: E. Yakima Ave. to: Fair Ave. Install traffic signal at the intersection of Yakima Avenue and Fair Avenue. 4 2 5 6 N/A 7 P T 0 Pro(ect Costs in Thousands of Dollars PE CN Phase Start 9 1/1/2020 6/1/2021 Fund Source Information Federal Funding Federal State Federal Fund Cost by Fund Code Code Phase 10 STP(U) STP(U) 1 86 519 2 State Funds Local Funds 4 14 81 Total Funds 100 600 Expenditure Schedule (Local Agency) Federally Funded Projects Only 1st 16 2nd 7 3rd 8 100 4th Thru 6th 13 600 R/W Envir. Required Type Date 20 CE 2 Totals 605 95 700 00 600 16 46 5. 3rd Avenue & W. Washington Ave, Signal S. 3rd Avenue from: S. 3rd Ave. to: W. Washington Ave. Upgrade the traffic signalization system 2 N/A P PE CN 4/1/2019 9/1/2019 20 20 210 210 20 210 230 230 230 CE 0 Totals 230 9 47 75th Avenue Improvements 75th Avenue from: Mead Ave. to: Nob Hill Blvd. Construct a new two-lane roadway and widen portions uf existing roadway, install curb, gutter, sidewalk, street lighting and storm drainage system. 0 08 0.50 P 1 PE 1/1/2020 STP(U) RW 1/1/2021 STP(U) CN 1/1/2022 STP(U) 87 173 1,038 27 162 230 100 200 1,200 230 00 Tota s 1,298 17 48 5. 66 Avenue Improvements 65th Avenue from: Summitview Ave. to: Scenic Dr. Reconstruct and widen roadway to three lanes, install curb, gutter, sidewalk, storm drainage system and utilities, 0 04 0.7 PE 1/1/2019 STP(U) RW 1/1/2020 STP(U) CN 1/1/2021 STP(U) 86 173 1,096 202 14 27 164 1,500 100 200 1,260 100 1,400 100 200 1,260 205 1560 100 200 1,260 CE Yes ffff2021 Agency: Yakima Co. No.: a City No.: 1485 Co. Name: Yakima Co, MPO/RTPO: YVCOG nr Six Year Transportation Improvement Programs From 2018 to 2023 Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: 5,1 E Project Identification A. PIN/Federal Ald No. C. Project Title D. Street/Road Name or Number E. Beginning MP or Road - Ending MP or Road F. Describe Work to Be Done B. Bridge No, 4 6 7 Project Costs in Thousands of Dollars 8 Phase Start 9 Fund Source Information Federal Funding Federal State Cost by Fund Code Federal Fund Code 0 Phase 2 State Funds Local Funds 4 Total Funds 5 Expenditure Schedule (Local Agency) Federally Funded Projects Only 1st 6 2nd 17 3rd 4th Thru 6th Envir, Type 19 20 R/W Required Date (MM/YY) 21 17 Englewood Avenue Improvements Englewood Avenue from: N. 24th Ave. to: N. 40th Ave, Reconstruct and widen roadway to three lanes, install curb, gutter, sidewalk, street lighting and storm drainage system. Install sewer and water lines, .00 P w PE RW CN Totals STP(U) STP(U) STP(U) 218 327 2,789 34 435 252 378 3,224 252, CE 378 3,224. Yes 1/177073 4 20 3,854 3,854 17 54 88th Avenue Improvements 88th Avenue from: Tieton Dr, to: Summitview Ave. Construct curb, gutter, sidewalk and storm drainage system on the east side of 88th Avenue, 06 2 0.48 PE RW CN 1/1/2020 1/1/2021 6/1/2021 STP STP STP u) U) 43 5Z 285 7 8 45 50 60 330 50 6 CE Yes 6/1/202 Totals 380 60 440 7 6 55 64th Avenue Improvements 64th Avenue from: Washington Ave. to: Nob Hill Blvd. Widen roadway to three lanes, install curb, gutter, sidewalk, street lighting and storm drainage system. 56 1-82 & Lincoln Avenue Interchange Lincoln Avenue from: E. '0Street to: 1-82 Reconstruct/extend off -ramp from existing 1-82 off - ramp for Lincoln Avenue to E. '0' Street. 0 04 06 PE CN /2020 1/1/2021 STP(U) STP(U) 200 1,600 32 249 232 1,849 232 1,84 CE No PE RW CN 2414.201.9 471.72020 67172027 STP 5TP 5TP 1,800 260 173 1,730 281 2,081 40 27 270 300 200 2,000 00 232 1,849 200 2,000 CE Yes 6/1/2E121 2,163 337 2,500 300 200 2,000 Agency: Yakima Co. No.: City No.: 1485 Co. Name: Yakima Co, 0 C:3 Six Year Transportation Improvement Progr From 2018 to 2023 MPO/RTPO: YVCOG Hearing Date: 6/6/17 & 6/20/17 Adoption Date: 6/20/2017 Amend Date: Resolution No.: u 2 Project Identification A. PIN/Federal Aid No. B. Bridge No. C. Project Title O. Street/Road Name or Number Rening MP orRood Ending MP or Rood E. Describe Work to Be Done E o. E 4 5 6 7 8 Phase Start Project Costs in Thousands of Dollars Fund Source Information Federal Funding Federal State Federal Fund Cost by Fund Code Code Phase 0 1 12 State Funds 1 Local Funds 4 Total Funds Expenditure Schedule (Local Agency) 1st 6 2nd 7 4th 3rd Thru 6th 9 Federally Funded Projects Only R/W Envir, Required Type Date MM/YY) 20 2 14 61 5. 1st treet/Main Street Corridor Improvements S. 1st Street/Main Street from: Nob Hill Blvd. to: Barker Mill Bridge Joint project with Union Gap. Stucy to determine strategies for improving the 1st Street/Main Street corridor. 01 2_00 T 0 S PE 2020 STP(U 2 137 7 No 20 7 137 137 . . stewart ti le SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY FofivPD 148 DEC ?U17 CITY OF YAKIMA Guarantee No.: G-0000425867508 Fee: Order No.: 239000 Dated: December 07, 2017 S&awartTltloGuonontyCompony(the"Companv").gumnantoeatheCountvofYokimoondonyChvvvdhinvvhioh said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication any streets, roada, avenues and other easements offered for dedication by said map as referred to in the guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized Countersigned by: Authorized Countersignature Valley Title Guarantee 502 N 2nd Stree POBox 1O25 Yakima, WA 98907 Agent ID: 470006 For purposes of this forni the Stewart TitIe"logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Matt Morris President and CEO In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. File No.: 239906 WA Subdivision Guarantee Page 1or1ofGuarantee Serial wv.:o-0ouo-62su67sV8 WA Subdivision Guarantee SUBDIVISION GUARANTEE 149 Prepared by: Valley Title Guarantee 502 N 2nd Street PO Box 1625 Yakima, WA 98907 Order Number; 239906 Guarantee No.: 8-0000-625867508 Effective Date: December O7.2017at8:0OAM Premium: Sales Tax Total: OWNERS: Westwood West Golf Course, Inc., a Washington corporation, formerly Westwood West Corporation LEGAL DESCRIPTION: Lots 1 through 23, Block 1, also Lots 34 through 49, Block 1, WESTWOOD WEST, according to the official plat thereof recorded in Volume "U', Page 18, records ofYakima County, Washington; EXCEPT that portion conveyed to the City of Yakima by Warranty Deed recorded under Auditor's File No. 7807681. Situate in Yakima County, Washington. SUBJECT TO: 1. "Terms, covenants and conditions contained in Application for Current Use Classification as open space, entered into pursuant to RCW 84. 34 (including potential liability for future applicable taxao, penalties and interest upon breach of, or withdrawal from said classification). 2. Unpaid local improvement aaaeooments, and/or irrigation anneeaments, if any, levied by the City of Yakima, Washington. Inquiry should be made at the office of said City Treasurer relative to said charges. 3. Charges, if any, due the Yakima Valley Canal Company for water supplied. Inquiry should be made at the office of said company relative to the rights and obligations of its stock. 4. Lien of charges, if any, due Westwood West Water Users, Inc., and easement over and across said premises for the purpose of laying, maintuininD, repairing and operating all necessary pipelines and other equipment used in connection with the said irrigation system. Said instrument provides that any lien created hereunder shall be inferior to the lien of any Mortgage now or hereafter existing on said premises. Recorded: December 1965 Auditor's File No: 2008033 5. Agreement entered into between the Board of County Commissioners and the County Road Engineer and Westwood West Corporation relative to improvement of roads in said plat as disclosed by instrument recorded in Volume 690 of Deeds, Auditor's File No. 2128421, records ofYakima County, Washington. Page 1 of 3 ������/�U� ^^��~~��DEE ZOE/CITY Of YAKIMA STEWART TITLE GUARANTY COM U*����:�� ".��~��m 150 WA Subdivision Guarantee 6. Covenants, conditions and restrictions as provided in a declaration, Recorded: In Volume 690 of Deeds Auditor's File No: 2130641, as attached. 7. Fill and Siope Easernent and the terms and conditions; Dated: February 05, 1987 Recorded: February 05, 1987 Auditors File No: 2789431 In favor of: The City ofYakima, a municipal corporation Affects: Includes other property 8. Rights of way for drains and drainage rights and obligations disclosed by instrument, recorded in Volume 84 of Deeds, Page 449, under Auditors File No. 20638. Q. Covenants, conditions, restrictions, easements and other matters, if any, as reserved and delineated on the face of said Plat, as attached. 10. According to available information, Roderick H. Schultz, as President is authorized to sign on behalf of Westwood West Golf Course, a Washington corporation. If said signatory has changed, we must be advised relative thereto. 11. Pendency of Yakima County Superior Court Cause No. 77-2-01484'5. State of VVuohingtom. Department of Ecology, Plaintiff vs. (numerous named defendantu), 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 8aoin, 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) A. NOTE: We find no pertinent matter , disclosed by a judgment and lien search filed or recorded in Yakima County against Westwood West Corporation and Westwood West Golf Course, Inc., except those shown as exceptions in Schedule B, if any. B. NOTE: 24 MONTH CHAIN OF TITLE During the previous 24 months, the following Deeds have been recorded affecting the ownership to the property described herein: There are no conveyances of title during said period. C. NOTE: General taxes for the year 2O17inthe amount of$1.O15.QO.which has been paid. Parcel No: 181329-11441 Levy Code: 581 O. NOTE: Soil Conservation District No. 220 assessments for the year 2017, in the amount of $5.11, which has been paid. E. NOTE: Horticulture Pes& Disease Control assessment for the year 2017, in the amount of $1.00, which has been paid. ��������� ,����"m��� DEC 1 ?017 CITY OF YANIMA Page zmn orsvwAnrrITLs� ouAmAwr/coMp^� C. INDEX WA Subdivision Guarantee SUBDIVISION GUARANTEE 151 Order Number: 239906 Guarantee No.: G-0000-625867508 This Guarantee and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in queeUon, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion as to the marketability of title to the land. C3����J��� "�~��.w�*~�� DEC ?017 CITY OF YAKIMA Page oo/» orsvwuRTrITLs~~ ouAnAwrvcompAno" INDEX 152 Fidelity it e Compan 117 N. 4TH STREET • PO Box 1682 • YAKIMA, WASHINGTON 98907 PHONE: (509) 248-6210 • (800) 666-8308 • FAX: (509) 248-2048 Agent for Chicago Title Insurance Company ALTA COMMITMENT Schedule A Title Order No.: 189997 (2nd Report) - MB To: Fidelity Escrow 117 N. 4th Street 1. Effective Date: November 6, 2017 at 8:00 AM Yakima, WA 98901 Attn: Christina Morehead christina(i4fitico.com 2. Policy or policies to be issued: a. Standard Owner's Policy (ALTA 6/17/06) Proposed Insured: THE LODGES IN WEST YAKIMA, L.L.C., a Washington limited liability company PREMIUM INFORMATION: A. COMM MULTI -FAMILY Amount Tax: Total: 3. The estate or interest in the land described herein and which is covered by this commitment is: A Fee 4. The estate or interest referred to herein is at Date of Commitment vested in: CONGDON DEVELOPMENT COMPANY, LLC, a Washington limited liability company 5. The land referred to in this Commitment is situated in the County of Yakima, State of Washington and is more fully described as follows: See Exhibit A attached hereto and ntade a part hereof DOC. NDEX 153 Commitment No. 189997 (2nd Report) Exhibit A That portion of Lot 3 of that Short Plat recorded under Auditor's File Number 7740925 and Lots 10, 11 and 12 of YAKIMA VALLEY ORCHARD TRACTS, according to the official Plat thereof recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington, described as follows: Commencing at the Northwest corner of said Lot 12; Thence North 89°40'51" East along the North line thereof 35.01 feet to Easterly right of way line of South 72nd Avenue and the Point of Beginning; Thence continuing North 89°40'51" East 2531.73 to the Westerly right of way line of South 64th Avenue; Thence South 1°11'12" East along said right of way line 65.46 feet; Thence South 88°48'48" West 30.00 feet; Thence South 1°11'12" East 127.00 feet; Thence North 88°48'48" East 30.00 feet; Thence continuing along said right of way line South 1°11'12" East 423.82 feet to the North line of that property granted to West Valley MOB LLC under Auditor's File No. 7927008; Thence South 89°43'16" West along said North line and its Westerly extension 592.61 feet to the Westerly line of said Lot 3; Thence North 1°13'02" West along said West line 293.83 feet to a point that is 322.00 feet South the North line of said Lots 10, 11 and 12, as measured perpendicular thereto; Thence South 89°40'51" West parallel with said North line 1272.48 feet the Northerly extension of the Easterly line of that parcel shown on Record of Survey recorded in Book 62 of Surveys, Page 47, records of Yakima County, Washington; Thence South 1°18'30" East along said Northerly extension 308.42 feet to the Northeast corner of that parcel shown on said Record of Survey; Thence South 89°54'55" West along the North line of that parcel shown on said Record of Survey a distance of 655.85 feet to the Easterly right of way line of South 72nd Avenue; Thence North 1°18'30" West along said right of way 627.75 feet to the Point of Beginning. Situated in Yakima County, State of Washington. ALTA COMMITMENT Schedule B Commitment No. 189997 (2nd Report) 154 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENE . , EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the premises. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or highways not disclosed by the Public Records. D. Any lien, or right to a lien, for contributions to employees benefit funds, or for state workers' compensation, or for services, labor or material heretofore or hereafter furnished, all as imposed by law and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any service, installation, connection, maintenance, or construction charges for sewer, water, electricity, natural gas or other utilities or garbage collection and disposal. G. Reservations or exceptions in United States Patents or in Acts authorizing the issuance thereof. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims or title to water. J. 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. SPECIAL EXCEPTIONS: 1. Real Estate Excise Tax as may be due on this transfer. 2. The lien of compensating taxes as may be levied as a result of forced removal from Open Space tax classification. 3. Local district assessments and/or charges duc the City of Yakima. Commitment No. 189997 (2nd Report) Schedule B - Continued 155 4. Agreement and the terms and conditions thereof regarding drainage, as recorded February 2, 1911, in Volume 113 of Deeds, under Auditor's File Number 1209. 5. Agreement and the terms and conditions thereof regarding maintenance of an irrigation pipeline, as recorded July 12, 1910, in Volume 107 of Deeds, under Auditor's File Numbers 50321, 50322, 50323, 50324, 50325, 50326, 50327, 50328, 50329, 50330, 50331 and 50332. 6. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for irrigation pipeline, in favor of Hebert Lateral, as recorded June 14, 1911, in Volume 116 of Deeds, under Auditor's File Number 7894. Said easement affects Lot 11. 7. Right of way and secondary easement granted to Pacific Power and Light Company for lines and appurtenances, the specific location of which is not disclosed, granted by instrument recorded June 7, 1946, in Volume 421 of Deeds, under Auditor's File Number 1129565. Affects Lots 10 and 11. 8. Right of way and secondary easement granted to Pacific Power and Light Company for lines and appurtenances, the specific location of which is not disclosed, granted by instrument recorded October 1990, in Volume 1307 of Official Records, under Auditor's File Number 2904393. 9. An casement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for covered drain, in favor of Drainage Improvement District 38 of Yakima County, as recorded August 2, 1922, in Volume 184 of Deeds, under Auditor's File Number 259067. Said easement affects Lot 11. 10. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for waste water ditch and covered drain, in favor of adjoiners to the East of Lots 9 and 10, as disclosed by Contract, dated October 8, 1908, and recorded May 3, 1909, in Volume 84 of Deeds, under Auditor's File Number 29693. Said easement affects Lots 9 and 10. 11. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for drainage system, in favor of Yakima County, as recorded September 18, 1957, in Volume 575 of Deeds, under Auditor's File Number 1686785. Said easement affects Lot 9. 12. Development Agreement and the terms and conditions thereof by and between the City ofYakima, Washington, and Congdon Orchards, Inc., as recorded March 8, 2002, under Auditor's File Number 7261412, as amended by instrument recorded April 3, 2002, under Auditor's File Number 7265640. 13. Covenants and restrictions recorded July 2, 2007, under Auditor's File Number 7569886, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income as set forth in applicable state or federal laws, except to thc extent that said covenant or restriction is permitted by applicable law. jr/04-07-17//jr/11-08-17 DOC. INDEX ALTA COMMITMENT Schedule C 156 RECEWED DEC 2in? CITY OF YAKIiVIA CV, Commitment No. 189997 (2nd Report) REQUIREMENTS: The following are requirements to be complied with in a manner satisfactory to the Company prior to issuance of the policy: A. Requirements: Instruments creating the estate or interest to be insured must be approved and filed of record. B. Requirements: Payment of cancellation fee in accordance with our filed rate Schedule, to be imposed if this transaction is canceled for any reason. C. A copy of any update or amendment to the LLC Operating Agreement must be submitted prior to signing. Limited Liability Company: Congdon Development Company, LLC D. A copy of the current Operating Agreement and any amendments thereto must be submitted prior to signing. Any conveyance or encumbrance of property must be executed by all members, unless otherwise provided in said agreement. Limited Liability Company: The Lodges In West Yakima, L.L.C. INFO ATION FOR THE CLOSER AND/OR INSURED: The following matters will not be listed as Special Exceptions in Schedule "B" of the Policy to be issued pursuant to this Commitment. Notwithstanding the absence of a Special Exception in Schedule "B" of the Policy to be issued, there will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted from coverage under the General Exceptions section of Schedule "B", excluded from coverage under the Exclusions from Coverage or are not matters for which coverage is afforded under the insuring clauses of the Policy. This Commitment shall not obligate the Company to issue any Endorsement. All Endorsements to be issued must be agreed to by the Company and appropriate for the estate insured. Any sketch or map enclosed as an attachment herewith is furnished for information purposes only to assist in property location with reference to streets and other parcels. No representation is made as to accuracy and the Company assumes no liability for any loss occurring by reason of reliance thereof. Property which is located in the following taxing districts is subject to excise tax at the rate of 1.78% upon sale or transfer: 300, 305, 308, 309, 325, 326, 330, 331, 333, 334, 335, 349, 350, 420, 428, 440, 443, 460, 464, 540, 544, 560, 565, 581, 585 and 586. Effective February 1, 2016, the excise tax for the City of Granger (Tax Codes 520 and 528) will also be subject to excise tax at the rate of 1.78% upon sale or transfer. All other property is subject to excise tax at the rate of 1.53% upon sale or transfer. DOC. INDEX # & Commitment No. 189997 (2nd Report) Schedule C - Continued DECEIVED 157 DEC 2017 CITY OF YAKIMA r. Pursuant to RCW 82.45.180, in addition to real estate excise tax collected by the Yakima County Treasurer, a filing fee of $5.00 will be collected on all taxable transactions. A filing fee of $10.00 will be collected on all non-taxable transactions, and on all transactions wherein the calculated tax payment is less than $5.00. Notwithstanding anything to the contrary in this Cominitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06) or ALTA Loan Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. To help you avoid delays at closing, we would like to make you aware of our final recording run times: Regular Recordings: 2:00 p.m. E -Recordings (Excise included): 2:00 p.m. E -Recordings (Non -excise only): 3:30 p.m. (Auditor's Office closes) There is an additional $5.00 charge per document when E -Recording. When E -Recording documents require excise clearance, checks must be made payable to Fidelity Title Company. NOTES: 1. Parcel number(s) assigned by the Yakima County Assessor's Office based upon their own composed narrative description, and used by the Yakima County Treasurer's Office in the collection of real property taxcs and assessments: 181329-14415 NOTE: The designated Levy Code is 585 2. Real property taxes for the year 2017 in the original amount of $1,377.69, which have been paid. Includes other property. 3. Assessment levied by Soil Conservation District Number 2 for the year 2017 in the original amount of $15.55, which has been paid. Includes other property. 4. Assessment levied by Weed Control District Numbcr 1 for the year 2017 in the original amount of $14.63, which has been paid. Includes other property. 5. Assessment levied by Horticulture Pest & Disease Control District for the year 2017 in the original amount of $2.00, which has been paid. Includes other property. 6. The amount owing for real property taxes is computed upon the basis of an Open Space parcel status classification, and the continuation of said status may be altered by a change in use, death of taxpayer, sale or transfer, resulting in further taxation, plus penalty. Inquiries relating to continuation should be made to the County Assessor's Office prior to closing. Commitment No. 189997 (2nd Report) Schedule C - Continued 7. The 2nd Report is being issued to update the commitment in its entirety. 8. The abbreviated legal description will read as follows: PTN LOTS 10, 11 & 12 YAKIMA VALLEY ORCHARD TRS A-75 PTN LOT 3 SP 7740925 9. Title Contact: Molly Brown, molly@fstitleco.com 10. 1 cc: Halverson Northwest, Attn: Michael F. Shinn, inshinnahnw.law 158 DOC. INDEX