HomeMy WebLinkAbout08/18/2009 06A Toscanna, Phase 1, Preliminary Plat - Closed Record Public Hearing . : USNESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
(tern No. '•p
For Meeting of: August 18, 2009
ITE ° TITLE: "Closed Record" public hearing to consider the Hearing Examiner's
recommendation on the Preliminary Plat and Master Planned Development
of Toscanna, Phase 1
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner, 509 - 575 -6162
SU MARY EXPLANATION: Toscanna is a planned development / long plat submitted by
Envizage Development Group that will subdivide approximately 11.05 acres of land into 66
common -wall lots. This will be a gated community utilizing private streets with sidewalks on one
side only.
On July 9, 2009, the Hearing Examiner held an "Open Record" public hearing to consider this
project On July 22, 2009, the Hearing Examiner issued his recommendation to conditionally
approve the Preliminary Plat and Master Planned Development. -
Resolution X Ordinance Contract Other Hearing Examiner's
Recommendation, Preliminary Plat
Funding Source
Approval For Submittal: 42 e
/ - ' ? 7 City Manager
STAFF RECO 'END , T ..N: Accept the Hearing Examiner's recommendation.
OAR'S -- ECO MENDATION: On July 22, 2009, the Hearing Examiner recommended that
the Master Planned Development and Preliminary Plat of Toscanna, Phase 1, be approved.
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COUNCIL ACTION:
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„C„
To: Honorable Mayor and Members of City Council
Dick Zais, City Manager
From: WC, Director of Community and Economic Development
Date: August 18, 2009
Subject: Council Items 6A and 6B (Toscanna Phase 1)
Item 6A: Please hold the Closed Record hearing for Toscanna Phase 1, and approve or
disapprove this preliminary plat, unless additional information is needed.
Item 6B: It is requested that if you approve the preliminary plat, this related but separate
hearing be rescheduled to your September 1, 2009 Council meeting. The developer
has been unable to complete changes to this agreement required by the Hearing
Examiner.
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RESOLUTION RIO. R -2009-
A RESOLUTION approving a preliminary long plat and planned development, for the
Preliminary Plat of Toscanna, Phase 1, a sixty-six lot common -wall
subdivision, located in the vicinity of Castievale Road and Seattle Slew Run,
Yakima, Washington.
WHEREAS, on July 9, 2009, the Hearing Examiner held a public hearing to consider
the application for a Master Planned Development / sixty -six lot common -wall subdivision
known as Toscanna, Phase 1, submitted by Envizage Development Group (PLP #001 -09 &
PD #001 -09); and,
WHEF-;EAS, on July 22, 2009, the Hearing Examiner issued his Recommendation for
approval of the proposed plat subject to several conditions; and,
WHEREAS, the proposed Application conforms with the City of Yakima Zoning
Ordinance, Subdivision Ordinance, Development Standards Ordinance, and other applicable
land use regulations; and,
WHEREAS, at the Closed Record Public Meeting on August 18, 2009, after notice duly
given according to the requirements of the Yakima Municipal Code, the Yakima City Council
adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff to
prepare a resolution reflecting the same; and,
WHE the City of Yakima has complied with the substantive, procedural, and
notice requirements associated with SEPA, the Growth Management Act, and the Yakima
Municipal Code for the purpose of reviewing the Application; and,
WHEREAS, the Yakima City Council finds that it is in the best interest of the City of
Yakima to pass the following; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into
this resolution.
Section 2. Inco ;• oration of Hearing Examiner's Recommendation and Conditions
of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the
Yakima City Council as its conditional decision of approval of the Application herein. A copy of
the Recommendation is attached hereto as Exhibit "A° and incorporated herein by this
reference.
Section 3. Findings. The Yakima City Council adopts the findings of the Hearing
Examiner's Recommendation as its own findings herein, and further finds that the
requirements of RCW § 58.17.110 have been met.
Section 4. Severability_ If any section, subsection, paragraph, sentence, clause, or
i phrase of this resolution is declared invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this resolution.
(jc)res/Toscanna Phase 1
ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th
day of August, 2009.
David Edler, Mayor
ATTEST:
City Clerk
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(jc)res/Toscanna Phase 1
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TOSCANNA LLC/
ENVIZAGE DEVELOPMENT GROUP
PD #001 -09, PLP #00109, SEPA #020 -09
City Council
Open Record Public Hearing
for Development Agreement
August 18, 2009
EXHIBIT LIST
Applicant: Toscanna LLC / Envizage Development Group
File Number: PD #001 -09, PLP #001 -09, SEPA #020 -09
Site Address: Vicinity of Fechter Road & North 40th Avenue
Staff Contact: Joseph Calhoun, Assistant Planner
Table of Contents .
CHAPTER A Agenda Statement
CHAPTER B Proposed Resolution
CHAPTER C DRAFT Development Agreement -
Toscanna LLC
TOSCANNA LLC /
, 0
ENVIZAGE DEVELOPMENT GROUP
PD #001 -09, PLP #001 -09, SEPA #020 -09
EXHIBIT LIST
CHAPTER A
Agenda Statement
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A -1 Agenda Statement: Open Record Development Agreement 08/18/2009
Public Dearing
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® BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. B
For Meeting of: August 18, 2009
ITEM TITLE: "Open Record" public hearing on the proposed Development Agreement for the
Master Planned Development/Preliminary Plat of Toscanna, Phase 1.
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner, 509 -575 -6162
SUMMARY EXPLANATION: "Open Record" public hearing to consider a Development
Agreement between the City of Yakima and Envizage Development Group for the proposed
Master Planned Development/Preliminary Plat of Toscanna, Phase 1. The Development
Agreement is a condition of approval for a Master Planned Development. On July 9, 2009, the
Hearing Examiner held an "Open Record" public hearing, to consider application. On July 22,
2009, the Hearing Examiner issued his recommendation to conditionally approve the
Preliminary Plat and Master Planned Development.
Resolution X Ordinance Contract Other Development Agreement
Funding Source
Approval For Submittal:
City Manager
Staff Recommendation: Adopt the Resolution authorizing the signing of the Development
Agreement.
Board Recommendation: On July 22, 2009, the Hearing Examiner recommended that the
Master Planned Development and Preliminary Plat of Toscanna, Phase 1, be approved.
Council Action:
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DOC.
INDEX
# A- I
• TOSCANNA LLC/
ENVIZAGE DEVELOPMENT GROUP
PD #001 -09 PLP #001 -09, SEPA #020 -09
EXHIBIT LIST
CHAPTER B
Proposed Resolution
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B -1 Proposed Resolution 08/18/2009
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RESOLUTION NO. R -2009-
A RESOLUTION authorizing and directing the City Manager to execute a Development
Agreement with Toscanna, LLC (hereinafter "Developer "), property owners,
to provide for the terms and conditions for a Master Planned Development
and Preliminary Plat of property located in the vicinity of Castlevale Road
and Seattle Slew Run (hereinafter "Project ").
WHEREAS, the City of Yakima (hereinafter "City ") is a first class charter city
incorporated under the laws of the State of Washington and has the authority to enact laws and
enter into agreements to promote the health, safety, and welfare of its citizens and thereby to
control the use and development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with those
who own or control property within its jurisdiction pursuant to RCW 36.70B.170 - .210; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted
its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated
this plan and has adopted, and continues to adopt, development regulations to implement the
plan, including adoption of Yakima Urban Area Zoning Ordinance, which originally zoned the
property Two - Family Residential; and
• WHEREAS, by application dated May 11, 2009, Developer proposed the planned
development and subdivision of 11.05 acres of land, containing a portion of Assessor's Parcel
Number 181315 - 31011, legally described in Exhibit "A ", attached hereto and incorporated
herein by this reference, located in the vicinity of Castlevale Road and Seattle Slew Run,
Yakima, Washington (hereinafter "Subject Property "); and
WHEREAS, on May 18, 2009, the City issued a Notice of Application, Environmental
Review, and Public Hearing for the Project; and
WHEREAS, on June 12, 2009, the City issued a Final Mitigated Determination of
Nonsignificance for compliance with the State Environmental Policy Act; and
WHEREAS, on July 9, 2009, the Hearing Examiner for the City of Yakima conducted an
open- record public hearing regarding the requested Project; and
WHEREAS, on July 22, 2009, the Hearing Examiner issued Hearing Examiner's
Recommendation (the "Recommendation ") regarding PD #001 -09 and PLP #001 -09
recommending that the Project be approved, subject to conditions; and
WHEREAS, at a closed- record public hearing held on August 18, 2009, the City Council
considered the requested rezone, including the documents and other evidence, which comprise
the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation,
and the statements and comments of interested persons; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct
DOC.
Qc)res/Toscanna - Development Agreement INDEX
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and appropriate, and that the same should be adopted by the City Council as its findings herein;
and
III
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested rezone,
WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final
Decision for the execution of a development agreement between Developer and the City to
implement the conditions set forth in the Final Decision; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will,
amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over
development of the Project, provide for the orderly development of the Project consistent with
the City's current Comprehensive Plan and zoning for this Property, mitigate environmental
impacts, and otherwise achieve the goals and purposes for which the Development Agreement
Statute was enacted; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City
Manager of the City of Yakima is hereby authorized and directed to execute the attached and
incorporated Development Agreement, Exhibit "B ", attached hereto and incorporated herein by
this reference. The Yakima City Council, after a duly noticed public hearing, has determined
that execution of this Agreement furthers the public health, safety, and general welfare, and that
el the provisions of this Agreement are consistent with the Comprehensive Plan and applicable
development regulations.
ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th
day of August, 2009.
David Edler, Mayor
ATTEST:
City Clerk
III
DOC.
INDEX
(jc)reslToscanna - Development Agreement t 1
• EXHIBIT "A"
LEGAL DESCRIPTION:
PARCEL A
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE
18 EAST, WI., LYING SOUTHERLY AND EASTERLY OF THE RIGHT
OF WAY OF THE YAKIMA VALLEY CANAL COMPANY:
AND THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER LYING EASTERLY OF THE RIGHT OF WAY OF
THE YAKIMA VALLEY CANAL COMPANY AND NORTHERLY OF A
LINE BEGINNING AT A POINT ON THE EAST LINE OF SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER, 659.90 FEET SOUTH OF THE NORTHEAST
CORNER THEREOF* THENCE NORTH 86'40'00" WEST 1,115 FEET,
MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF SAID
CANAL:
EXCEPT THAT PORTION LYING NORTHEASTERLY OF THE
• FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHWEST COMER OF THE NORTHEAST
QUARTER OF T14E NORTHEAST QUARTER OF SAID SOUTHWEST
QUARTER* THENCE SOUTH 89 EAST ALONG THE SOUTH LINE
THEREOF 658.19 FEET TO THE SOUTHEAST COMER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 15: THENCE SOUTH
8958'52 "EAST ALONG THE SOUTH LINE OF THE NORTH HALF OF
THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAIp SECTION
15 A DISTANCE OF 6911 FEET TO THE WESTERLY RIGHT OF WAY
OF NORTH 40TH AVENUE, SAID POINT BEING ON A CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 1050.00 FEET:
THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A
CENTRAL ANGLE OF 0'09'48', AN ARC LENGTH 2.99 FEET, SAID
CURVE HAVING A CHORD BEARING OF NORTH 02 EAST TO
THE POINT OF BEGINNING OF SAID LINE: THENCE NORTH 89•58'52'
WEST 304.46 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF
225.00 FEET* THENCE NORTHWESTERLY ALONG SAID CURVE
CONSUMING A CENTRAL ANGLE OF 64'31'09" AN ARC LENGTH OF
253.16 FEET: THENCE NORTH 25'21'42" WEST 466.12 FEET TO THE
POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A
RADIUS OF 150.00 FEET: THENCE NORTHWESTERLY ALONG SAID
CURVE CONSUMING A CENTRAL ANGLE OF 33'0076'4N ARC
LENGTH OF 86.41 FEET TO THE YAKIMA VALLEY CANAL
COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE.
DOC.
INDEX
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TOSCANNA LLC
ENVIZAGE DEVELOPMENT GROUP
• PD #001 -09 PLP #001 -09 SEPA #020 -09
EXHIBIT LIST
CHAPTER C
DRAFT Development Agreement — HE Recommendation
ewe . mt , i bG P d illt
C -1 Hearing Examiner's Recommendation 07/22/2009
C -2 DRAFT Development Agreement 08/18/2009
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RECEIVED
MAY 12 2009
DEVELOPMENT AGREEMENT CITY OF YAKIMA
PLANNING DIV.
BETWEEN
CITY OF YAKIMA, WASHINGTON, AND
TOSCANNA, LLC
THIS DEVELOPMENT AGREEMENT ( "agreement ") is entered into between the
City of Yakima, a Washington municipal corporation ( "City "), and Toscanna LLC, a
Washington limited liability company ( "Developer ").
WHEREAS, the City is a first class charter city incorporated under the laws of the
State of Washington and has the authority to enact laws and enter into agreements to
promote the health, safety, and welfare of its citizens and thereby to control the use and
development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with
those who own or control property within its. jurisdiction pursuant to RCW 36.70B.170-
36.70B.210, YMC 14.10.040(B) and YMC 14.10.090; and
WHEREAS, Developer has obtained development rights for a portion single parcel
of approximately 22.63 acres located along Castlevale Road across from the Seattle Slew
Run Intersection, Yakima, Washington (the "property "). The property is legally described
in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full;
and
WHEREAS, Developer is proposing a 66 lot subdivision and creation of a planned
development with certain amenities for the property; and
WHEREAS, Developer intends to take certain steps to comply with environmental
and land use requirements related to development of the property; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City
adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised
and updated this plan and has adopted, and continues to adopt, development regulations to
implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which
zoned the property Two Family Residential; and
WHEREAS, the parties intend this agreement to guide the current and future uses of
the property; now, therefore,
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Development Agreement - 1 DOC
INDEX
RECEIVED
• MAY 1 2 2009
IN CONSIDERATION OF mutual benefits, the parties agree as follows: CITY OF YAKIIvi
PLANNING DIV.
1. The proposed development. Developer's proposal for the property is hereby
acknowledged and warranted to be for the purpose of constructing a residential subdivision
and planned development. Developer specifically acknowledges and warrants that the
proposal for the property is construction of not more than 66 single- family dwelling
(common wall) on separate lots together with accompanying amenities. The Developer's
preliminary plat/planned development application has been filed with the City. Exhibit B
contains information about the application. It has been reviewed and recommended for
approval by the Yakima Urban Area Hearing Examiner to the Yakima City Council in the
form of a Hearing Examiner's Recommendation dated on or about , 2009,
attached hereto as Exhibit C and incorporated herein by this reference as if set forth in full.
The said subdivision and planned development is referred to herein as the "proposed
development."
2. Conditions of approval. Developer agrees to abide by the terms and conditions of
approval recommended by the Hearing Examiner, including construction of all infrastructure
described on the plat /planned development site plan map attached hereto as Exhibit H and
incorporated herein by this reference as if set forth in full, including as the same may be
revised to conform with conditions of approval set forth in the Hearing Examiner's
Recommendation. Developer agrees that the use of the property pursuant to this agreement
shall be consistent with the project description identified in the Washington State
Environmental Policy Act Mitigated Determination of Nonsignificance issued by the City of
Yakima on , 2009, a copy of which is attached as Exhibit D and
incorporated herein by this reference as if set forth in full (the "MDNS "). Developer agrees
to abide by the mitigation and other requirements identified as a part of the MDNS.
Developer agrees to abide by the conditions of such further or additional land use permits or
other regulatory permits or approvals as may be identified in the MDNS, or as may
otherwise be required by applicable federal, state, and local law including but not limited to
the City's Title 12 and all other applicable development standards, all as the same currently
exist or may be hereafter amended; provided, however, that the procedures and substantive
rules of the City's Planned Development ordinances, as codified at Ch. 15.28. Yakima
Municipal Code and attached hereto as Exhibit E and incorporated herein by this reference,
shall guide and control all matters related to said ordinances and to the planned development
aspect of the proposed development until this agreement terminates as provided elsewhere
herein. Developer agrees to make future applications or submissions as may be necessary to
fully implement any phased review of the proposed development and any specific project
proposed therein. Developer agrees to abide by all such conditions as are identified as a part
of the Developer's Open Space Management Plan attached hereto as Exhibit F and the
Declaration of Covenants, Conditions, Restrictions and Easements for Toscanna attached
hereto as Exhibit G. Both incorporated herein by this reference as if set forth in full.
3. Appeals. In the event that any of the permits or approvals associated with the proposed
development, including but not limited to SEPA determinations, preliminary plat, or
planned development approval, are or may be appealed, then in that event the City's
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Development Agreement - 2 DOC.
INDEX
• obligations under this agreement, and under the above- referenced development entitlements,
shall be suspended, and may be terminated in whole or in part to the extent that the City
reasonably believes necessary to maintain consistency between this agreement (and/or the
above- referenced development entitlements) and the conclusion of any appellate
proceedings associated with the proposed development. Developer agrees not to appeal any
of the previously required permits or approvals associated with the proposed development,
including but not limited to SEPA determinations, preliminary plat, or planned development
approval.
4. Default /Notice. No party shall be in default under this agreement unless it has failed to
perform as required for a period of 30 days after written notice of default to the other party.
Each notice of default shall specify the nature of the alleged default and the manner in which
the default may be cured satisfactorily. The party not in default under this agreement shall
have all rights and remedies provided by law or equity, including without limitation,
damages, specific performance or writs to compel performance or require action consister�
with this agreement. } " � E I VED
5. No third party beneficiary. This agreement is made and entered into for the sole �n� Y . 2 2009
protection and benefit of the parties hereto and their successors and assigns. No other �,� � d O F
person shall have any right of action based upon any provision of this agreement. '° 01(1111.44A
6. Third party legal challenge. In the event any legal action or special proceeding is
• commenced against the City by any person or entity other than a party to this agreement to
challenge this agreement or any provision herein, including any of the permits, approvals, or
entitlements associated with this agreement, the City may elect to tender the defense of such
lawsuit or individual claims in the lawsuit to Developer. In such event, Developer shall hold
the City harmless from and defend the City from all costs and expenses incurred in the
defense of such lawsuit or individual claims in the lawsuit, including but not limited to
reasonable attorneys fees and expenses of litigation and damages awarded to the prevailing
party or parties in such litigation. The Developer shall not settle any such tendered lawsuit
without the consent of the City, which consent shall not be unreasonably withheld.
7. Term. This agreement shall continue in force for a period of thirty-five (35) years unless
extended or terminated as provided herein or when the property has been fully developed,
whichever first occurs, and all the Developer's obligations in connection herewith have been
satisfied in the sole reasonable discretion of the City. Provided, however, that termination of
this agreement shall not affect any of Developer's obligations to comply with the Yakima
Urban Area Comprehensive Plan, any applicable zoning, subdivision, or other municipal
codes, or any land use entitlements approved with respect to the property or proposed
development. Termination of this agreement shall not affect any of Developer's obligations
herein which expressly or by implication are to continue after the termination of this
agreement; notwithstanding the generality of the foregoing, the parties expressly agree and
covenant that the streets within the proposed development shall be required to be private and
shall never be accepted by the City of Yakima as public streets.
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Development Agreement - 3 DOC
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MAY T2 2009
CITY OF Y
PLANNING DIV. 4110
8. City's reservation of rights. The parties intend this agreement to be interpreted to the
full extent authorized by law as an exercise of the City's authority to enter into development
agreements pursuant to RCW 36.70B.170. Provided, however, that this agreement shall be
construed to exclude from the scope of this agreement and to reserve to the City the
authority which is prohibited by law from being subject to the mutual agreement with
consideration of parties acting under Ch. 36.70B RCW. Without limitation, this shall
include the right of the City to impose new or different conditions on the property to the
extent required by a serious threat to public health and safety. Developer acknowledges that
any phased approach to developing the proposed development contemplates and requires the
exercise of further discretionary powers by the City. These powers include, but are not
limited to, review of additional permit applications under SEPA and other applicable law.
Nothing in this agreement shall be construed to limit the authority or the obligation of the
City to hold legally required public hearings, or to limit the discretion of the City or any of
its officials or officers in complying with or applying applicable law during review of
specific project proposals or other subsequent phases of the proposed development.
9. Developer's warranties and representations. Developer represents and warrants to
City that Developer has a property interest in the property, and that the covenants and
obligations of Developer in this agreement and in the permits, approvals, and entitlements
associated with this agreement and the proposed development do not violate or constitute a
default under or breach of any agreement between Developer and any third party by which
Developer is bound. Developer represents and warrants to City that Developer is fully
•
authorized to enter into and perform its obligations under this agreement. Developer
represents and warrants to City that there is neither pending nor, to the knowledge of
Developer, any threatened legal action, arbitration or administrative hearing before any
governmental authority to which Developer is a party and which could enjoin or restrict
Developer's right or ability to perform its obligations under this agreement.
10. Modification of an approved master planned development overlay. Modifications
to the adopted master development plan and /or development agreement may be requested
from time to time.
Minor modifications will undergo Type (1) review as defined in YMC Chapter 15.13. The
administrative official shall review modifcations to adopted master development plan and/or
development agreement as a minor modification if it has been determined that:
1. The amendment does not increase the areas identified for any particular land use or
increase the residential density approved in the master plan;
2. The amendment does not increase the total floor area of nonresidential uses by more
than five percent;
3. The amendment does not materially change the type and character of approved uses;
4. The amendment does not materially change parking or traffic circulation within the
development;
Development Agreement - 4 DOC.
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1 FCEIVED
5. The amendment does not materially change setbacks, buffers, landscaping,
'1\y = 2 2009
shoreline, critical areas, or other mitigation measures; ;,.,1 Y Uf YAKIMA
6. The amendment does not materially impact the overall design of the approved PLANNING DIV.
master plan; and
7. Other similar changes of a minor nature proposed to be made to the configuration,
design, layout, or topography of the master planned development which are deemed
not to be material or significant in relation to the entire master planned development
and are determined not to have any significant adverse effect on adjacent or nearby
lands or the public health, safety or welfare.
Major modifications will undergo Type (3) review as defined in YMC Chapter 15.15 and
shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major
modification" shall be any modification to an approved master development plan or
development agreement that is deemed to be more significant than a "minor modification"
as described hereinabove. The following criteria are established to assist this
determination:
11. Vesting: The master planned development review shall be vested to development
regulations, standards, conditions, and laws applicable at the time the development
agreement is recorded, inclusive of specific conditions and standards set forth in said
Development Agreement. The vesting period shall be for the "Term" as stated in the
development agreement and shall be agreed upon by the parties to the Development
Agreement after giving consideration to the extent and complexity of the proposed
development as well as specific development planning considerations raised by the
developer. During the stated vesting period the applicant shall be entitled to implement the
master planned development in accordance with the terms and conditions of approval
described in the Development Agreement. Vesting of rights also include reservation of
traffic capacity on public streets and roadways and capacity in public facilities such as sewer
and water for a period of five (5) years.
12. Severability. If any provisions of this agreement are determined to be unenforceable or
invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction,
then the remainder of this agreement not decreed or adjudged unenforceable or invalid shall
remain unaffected and in full force and effect.
13. Agreement to be recorded. This agreement may be modified only by written
agreement of the parties hereto. This agreement or a memorandum thereof shall be recorded
against the property as a covenant with the land which touches and concerns the property
and shall be binding upon the City and Developer, their heirs, successors and assigns, and all
future owners of the property. Developer shall be responsible for the costs of recording.
14. Agreement approval. This agreement may only become effective upon execution
by City of Yakima following adoption of a resolution approving the same following a
public hearing in compliance with Ch. 36.70E RCW.
Development Agreement - 5 DOC
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15. Entire agreement. This agreement constitutes the entire agreement of the parties
and incorporates all prior discussions and agreements.
AGREEMENT DATED this day of , 2009.
CITY OF YAKIMA TOSCANNA, LLC, a Washington
limited liability company
By: By:
Richard A. Zais, Jr. Name:
City Manager Title:
ATTEST:
RECEIVED
Deborah Moore
City Clerk MAY 2 2009
CITY OF YAKIMA
PLANNING DIV.
STATE OF WASHINGTON )
ss.
County of Yakima )
I certify that I know or have satisfactory evidence that Richard A. Zais, Jr.,
personally appeared before me, signed this instrument, on oath stated that he was authorized
to execute the instrument and acknowledged it as the City Manager of the City of Yakima,
to be the free and voluntary act of such party . for the uses and purposes mentioned in the
instrument.
DATED: , 2009.
Notary Public
Residing at
Commission expires:
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Development Agreement - 6 DOC.
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RECEIVED
• STATE OF WASHINGTON ) MAY 1 2 2009
) ss. CITY OF YAKitv►H
County of Yakima ) PLANNING O!V.
•
I certify that I know or have satisfactory evidence that
personally appeared before me, signed this instrument, on oath stated that he was authorized
to execute the instrument and acknowledged it as the of Teammates,
LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
DATED: , 2008.
Notary Public
Residing at
Commission expires:
4110
•
Development Agreement - 7 DOC.
INDEX
# G- 2-
RECE! VED
City of Yakima, Washington JUL 2 2 2001)
Office of the Hearing Examiner
Crry or.
PLA re'r4'!!ti'( nit
Master Planned Development and ) File No. PD #OO1 -09, PLP #001 -09
Preliminary Subdivision Application )
By Envizage Development Group ) Hearing Examiner's Recommendation
For the 66 Unit Toscanna I Development )
in the R -1 and R -2 Zone at Castlevale Rd. )
and Seattle Slew Run. )
INTRODUCTION.
Envizage Development Group applied for a Master Planned Development Zoning Overlay and
Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by
Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive
development plan intended to provide flexibility in design and building placement, promote
attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling
types, provide for economy of shared services and facilities, and economically utilize the land,
resources and amenities. A residential Master Planned Development is designed to provide a
type or mixture of residential dwellings with attendant streets, utilities, public facilities, and
appurtenant common open space and recreational facilities. The overlay must be incorporated
into a Development Agreement entered between the property owner and the city and recorded
with the County Auditor.
In this case, the project includes the development of 66 common wall single family residences,
served by a gated private road. An open record hearing on the applications was convened on
July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the
Hearing Examiner and the applicant prior to the hearing. Staff analysis and recommendations
for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The
staff presentation indicated that the project would largely comply with development standards
with the exception of the sidewalks associated with the private road. The applicant was
represented at the hearing by Richard Wehr of PLSA Engineering - Surveying - Planning. Public
comment was favorable to the proposed project, though there was one request that construction
activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did
not object generally to ending construction activities earlier than 10 :00 p.m.
SUMMARY OF RECOMMENDATION.
The Hearing Examiner recommends approval, subject to conditions, of the Master Planned
Development Overlay and Preliminary Subdivision applications.
•
DOC.
INDEX
JUL 2 2Qny
CITY OF AKIM
Based on the staff report and exhibits, a view of the site, comments received at the open record
hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and
Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the
following
FINDINGS.
1. APPLICANT. The applicant is Envizage Development Group, 200 Galloway Drive,
Yakima, WA, 98908.
2. OWNER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908_
3. LOCATION AND LEGAL DECRIPTION. This property is located in the
vicinity of Castlevale Road and Seattle Slew Run west of North 40 Avenue. The legal
description of the property is included in Hearing Exhibit B -2.
4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315- 31011.
5. APPLICATION. The application is for a residential Master Planned Development
Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review
of Preliminary Long Plat to create 66 Single - Family Residential common wall lots, located on
approximately 9.61 acres, coupled with an environmental review. The residential lots would be
located within the R -2 use district and would have a minimum area of 4,000 square feet. Private
access streets serving the residences result in an overall project size of 11.05 acres. The plan
includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel
located within the R -1 use district would be held in reserve for unspecified future development.
The common wall lots would be developed in four phases, with streets terminating in
hammerhead turnarounds until the completion of the final phases and the associated street
completion. Sidewalks and streetlights would be provided on one side of the private streets.
Access to the subdivision would be gated. The balance of the current property would be held in
reserve pending favorable economic development conditions.
6. CURRENT SITE CONDITIONS.
An irrigation canal follows and demarcates the property's western boundary. The western
portion of the property is moderately sloped downward from west to east, and is only slightly
sloped in the vicinity of the existing buildings. A storm drainage easement runs from the
southwest corner easterly through the center of property. Castlevale Road bounds the property to
the north, providing road frontage. Kern .Road extends to the property from the east from its
intersection with North 40t Avenue. Electrical and telecommunications services, natural gas,
and public water and sewer services are available in the vicinity.
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•
7. CURRENT ZONING AND USE.
The subject property is zoned Two - Family Residential (R -2) in the eastern portion and Single
Family Residential (R -1) in the western portion. It was previously used as an orchard and
contains a single family dwelling and accessory buildings. The surrounding properties in all four
directions are zoned R -1 and are used for single family homes. Adjacent properties have the
following characteristics:
RECEIVED
Location Zoe Land Use
North R -1/B -1 Residential/Vacant Land JUL 2 2 2009
South R -1/R -2 Residential
West R -1 Residential
CITY OF YAKIMA
East R - 1/R - 3 ResidentialfMobile Home Park
PLANNING DIV.
8. COMPREHENSIVE PLAN.
The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this
area as medium density residential.
9. ENVIRONMENTAL REVIEW.
The City of Yakima has conducted a SEPA Environmental review for the proposed development
(SEPA #020 -09). A Mitigated Determination of Non Significance (MDNS) was issued on June
12, 2009 which included 18 mitigation measures, listed below.
1. No development permit shall be issued prior to the issuance of a Certificate of
Zoning review.
2. Contractors doing clearing, grading, paving, construction or landscaping work
must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA).
Burning is prohibited at all times during land clearing.
3. Prior to demolishing any structures, an asbestos survey must be done by a
certified asbestos building inspector. Any asbestos found must be removed by a licensed
asbestos abatement contractor. Notification of the demolition shall be filed with
YRCAA.
4. The water purveyor is responsible for ensuring that the proposed use(s) are within
the limitations of its water rights. A water right permit is required for all surface water
diversions and for any water from a well that will exceed 5,000 gallons per day.
5. A NPDES Construction Stormwater General Permit from the Washington State
Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention
Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted
construction sites. Permit coverage and erosion control measures must be in place prior
to any clearing, grading or construction. These plans and control measures must be
reviewed and approved by the City of Yakima's Engineering Division prior to
construction.
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INDEX
6. The applicant will be required to retain the water quality storm on -site. Any
excess stormwater can go into the City storm line. Complete stormwater design plans,
specifications and runoff/storage calculations supporting the stormwater design are
required pursuant to the Eastern Washington Stormwater Manual and City of Yakima
standards. These plans and control measures must be reviewed and approved by the City
of Yakima Surface Water Engineer prior to construction. If Underground Injection
Control (UIC) wells are used in the drainage design, the UIC wells must be registered
with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration
form and registration number(s) shall be delivered to the City of Yakima's Surface Water
Engineer.
7. Public waterlines are required to be looped throughout the site. New waterlines
shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in
Kern Way. The size of waterline(s) will be dependent on the required fireflow for the
buildings.
8. Sanitary sewer line size to be determined during formal plan review. As indicated
on the site plan, a 12 -inch stub shall be provided for future extension to the lift station
near the canal.
9. All public utility lines on private property shall be located in a minimum 16 -foot
easement.
10. Fire Department Access Roads shall be installed and designed to the standards of
the 2006 International Fire Code (IFC).
11. The proposed gates shall comply with the 2006 IFC standards and be equipped
with a Knox Box rapid entry system or Opticom system which will be approved by the
fire code official.
12. Where required by the fire code official, fire department access roads shall be
marked with permanent NO PARKING -FIRE LANE signs complying with Figure
D103.6 of the IFC.
13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface.
14. A directory shall be posted outside the gate to help emergency vehicles find their
way to any type of emergency.
15. During project construction, all contractors shall adhere to the City of Yakima
noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm
Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays.
16. Five -foot sidewalks shall be installed along the Castlevale frontage.
17. Interior private street design shall be reviewed and approved by City Engineering.
18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100.
Lighting shall be directed to reflect away from adjacent properties.
The MDNS was not appealed.
RECEIVED
JUL 2 2 2009
CITY OF YAKItviii
PLANNING DIV
2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm."
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JUL 2 2 2009
CITY OF YAiii
10. PUBLIC NOTICES. PLANNING
This application was subject to a requirement for public notification followed by twenty (20)
days of review. Notice of this request was mailed to adjoining property owners on May 18,
2009; the last day for public comment on SEPA was June 8, 2009. During the comment period
any person had the right to comment upon this request and to become a party of record to the
application. No written comments were received. No objection has been received concerning
sufficiency of notice.
11. MASTER PLANNED DEVELOPMENT OVERLAY ANALYSIS.
a_ Master Plan Overlay Review Criteria.
Generally, allowable uses in a residential Master Planned Development include: one - family,
two - family and multi - family residences; recreational and amusement facilities which are
intended to serve the Master Planned Development; and any other uses authorized in the
underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and f).
Common wall units are single family residences sharing a common with other similar units at the
lot boundary. Such units are a Class (1) use in the R -2 use district.
Review criteria for applications for a Master Planned Development Overlay are set forth in YMC
§15.28.040.D, and findings regarding the criteria are set forth in turn below.
b. Does the Master Plan Development application demonstrate the economic and efficient
use of land and provide for an integrated and consistent development plan for the site?
The proposed development is consistent with the R -2 zoning district and, the Medium Density
Residential future land use designation. Common -wall dwelling units are Class (1) permitted
uses in the R -2 zoning district. The proposed lot sizes and lot widths conform to the minimum
standards of the R -2 zone for area (4,000 square feet) and common -wall property lot widths (35-
feet wide).- The planned development/subdivision design is efficiently laid out and consists of
private streets, common open space areas, and common -wall lots. The site plan provides for an
access street along the current boundary between the R -1 and R -2 use districts, thus promoting
the efficient use of the R -2 property for common wall residential structures. The balance of the
R -1 portion of the property is being
c. Has the applicant identified development standards and uses that are consistent with the
master plan and designed in a manner that is compatible with adjacent land uses after
consideration of applicable mitigation and site design?
The Hearing Examiner may consider development standards that are different from currently
adopted development standards in order to provide flexibility in site planning, to implement
project design and concepts, to respond to market conditions, or to otherwise achieve the public
benefits contemplated by the concept plan.
Page 5 of 12
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•
0 The proposed residential uses within the planned development are consistent with adjacent
residential land uses to the west, south, and east. The proposed uses will not have a negative
impact on future professional business uses to the north across Castlevale. The site design is
typical to a residential neighborhood with lot sizes consistent with the proposed use and private
streets that meet city development standards. The only deviation from city standards is the
proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both
sides of the street. This is acceptable, so long as the streets remain private. A note shall be
placed on the face of the Plat stating "The streets within this plat are private and do not meet the
standards for public streets. The streets shall be reconstructed to meet the City Standards at the
expense of Homeowners Association established by the Development Agreement (AFN
) pertaining to this property prior to any public dedication of the streets."
d. How are "low impact development" concepts considered in the plan?
"Low Impact Development" is defined as stormwater management and land development
strategies that emphasize conservation and use of existing natural site features integrated with
disturbed, small -scale stormwater controls to more closely mimic natural hydrologic patterns in
residential settings (YMC § 15.02.020). This project adheres to the definition of low impact
development by utilizing existing stormwater facilities and by retaining a portion of stormwater
onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas
will ensure that stormwater facilities will be adequate.
III e. Will there be adequate infrastructure capacity available by the time each phase of
development is completed?
This project is proposed to be completed in four phases. Temporary turnarounds are proposed
while the interim phases are being constructed. Utilities will be provided for during individual
phase construction. No agency or public comments indicate that the respective phases cannot
stand alone in the event that other phases are not developed.
f. Does the Master Planned Development contain design, landscaping, parking /traffic
management, and use mixture and location that limit or mitigate conflicts between the Master
Planned Development and adjacent uses, including appropriate setbacks, landscaping,
sitescreening, buffers, and other design features and techniques?
The project adheres to all applicable development standards for landscaping, parking, setbacks
and sitescreening. No adjustments to zoning standards are being requested.
g. Have all potential significant off -site impacts including noise, shading, glare, and traffic
been identified and mitigation incorporated to the extent reasonable and practical?
The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with
noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009,
concluded that "The expected sound level from this development is similar to normal residential
development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded
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RECEIeI'
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Ul 1 if Ur YAKInih # C — /
PLANNING DIV.
that the project will be expected to generate roughly 709 daily trips, and that project traffic is •
shown to not significantly impact any of the studied intersections and no mitigation is required to
alleviate project related impacts. The applicant also agreed to cease daily construction
operations at 8:00 p.m. in response to public comments about noise impacts.
h. Does the project design include appropriate consideration of open spaces and
transportation corridors, designs of streets and public open space amenities, resulting in the
functional and visual appearance of one integrated project?
The project is for a private /gated Master Planned Development. Open spaces for the use of
residents are provided. Sidewalks are provided on one side of the interior private streets.
i. Is the proposed project adverse to the public health, safety, or welfare?
The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended
conditions below, mitigate any identified adverse impacts to the public health, safety or welfare.
J. Do the public benefits of approving the Master Planned Development outweigh the effect
of modification of standards to the underlying zoning district?
There are no modifications being requested to the development standards of the R -2 zoning
district. The request to have a sidewalk on one side of the private streets is not expected to have
a negative effect since the streets will be private and the public will not have access. The City
Engineer has approved the street layout in confirmation of this fording.
k. Is the proposed development designed to be consistent with . the provisions of the
Shoreline Master Program and Critical Areas Ordinance of the City of Yakima?
This review criterion does not apply in this instance. The subject property does not contain JUL 2 and
is not adjacent to Shorelines or Critical Areas. RF(�Elt/ED 2009
12. PRELIMINARY SUBDIVISION ANALYSIS
CITY OF YAKIMA
a. Subdivision Review Criteria. PLANNING DIV.
Open record hearings on preliminary subdivision reviews are conducted to examine and
determine whether or not the following standards are satisfied:
1. The proposed subdivision must be consistent with the provisions of the urban area
zoning ordinance;
2. The proposed subdivision must be consistent with the city of Yakima's comprehensive
plan;
3. The proposed subdivision must be consistent with the provisions of this title;
Page 7 of 12
Toscanna 1
PD #001 -09, PLP #001 -09 DOC.
INDEX
# G -1
• 4. As required by Chapter 58.17 RCW, the proposed subdivision must make appropriate
provisions for:
a. Public health, safety and general welfare,
b. Open spaces,
AEI QED
c. Drainage ways,
d. Streets or roads, alleys, and other public ways,
e. Transit stops, JUL 2 2009
f Potable water supplies, irrigation and other water suppliers, CITY OF
g. Sanitary waste disposal, PLANI�(M o / � ti
h. Parks and recreation,
i. Playgrounds,
j. Schools and school grounds,
k. Sidewalks,
1. Other planning features that assure safe walking conditions for students who
walk to and from school;
Based upon those standards the Hearing Examiner is to make a fording that the public use and
interest will be served through the approval of the subdivision. See YMC 14.20.100.A.
b. Subdivision analysis.
The proposed subdivision is consistent with the intent and provisions of the R -2 zoning district.
All lots will have access on a private street, meet the minimum lot size for the R -2 zoning district
of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet,
as measured at the rear of the required front yard setback. As set out in the staff report, the
proposal satisfied zoning standards related to setbacks, building height, lot coverage and
sitescreening. The Minor Modifications section of the draft Toscanna Development Agreement,
(p. 4 -5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a
Type (1) Review, as required by YMC § 15.25.080.
The future land use designation of the property in the City of Yakima's Comprehensive plan is
Medium Density Residential. The designation provides for densities between 7 and 11 dwelling
units per acre. The proposed density in the unreserved property is 9.6 units per acre. In
addition, the proposed development is compatible with the following goals and policies of the
Comprehensive Plan:
Goal 3.2: Build sustainable new neighborhoods.
Policy 3.2.1: For large -scale residential projects, encourage development through
Residential Planned Development (Residential PD) zone.
Goal 3.3: Preserve existing neighborhoods.
Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and
aesthetic quality to an established neighborhood.
Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that
increase the supply of affordable homeownership options.
• Page 8of12
Toscanna 1 DOC.
PD #001 -09, PLP #001 -09 INDEX
This compatibility is reflected in the supportive public comments received from neighbors during
the open record hearing.
The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related
to subdivision design. No objections to the subdivision have been registered by agencies, though
numerous comments were offered on the proposal that specified conditions for assuring
adequacy of project design and consistency of the subdivision with public health, safety and
welfare development standards. Those comments and proposed conditions are set forth in the
staff report. The conditions are included in the SEPA MDNS mitigation requirements.
Similarly, agency and public comment were solicited and comments received that are pertinent
to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation
requirements. Based on the comments and the satisfaction of the conditions recommended by
the agencies, the proposed subdivision will make appropriate provisions for: Public health,
safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public
ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste
disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other
planning features that assure safe walking conditions for students who walk to and from school.
The subdivision will facilitate the implementation of the Master Planned Development Overlay
on the subject property, and, therefore ,serves the public use and interest.
13. JURISDICTION.
•
Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the
Hearing Examiner is authorized to make a recommendation for approval or disapproval, with
written findings of fact and conclusions to support the recommendation, to the City Council on
Preliminary Plat and Planned Development applications.
RECEIVED
Based on the preceding findings, the Hearing Examiner makes the following JUL 2 2 2009
CONCLUSIONS: CITY OF YAKIMA
PLANNING DIV.
1. The Hearing Examiner has jurisdiction to make a recommendation for approval or
disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and
Planned Development applications..
2. Subject to conditions identified through Planning Staff and Design Services Team
review, the Master Planned Development Overlay application satisfactorily addresses the review
criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as
provided for YMC § 15.28.050.
3. The draft Development Agreement should be modified so that Minor Modifications
undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080.
Page 9 of 12 •
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INDEX
# (_(
• 4. Subject to conditions identified through Planning Staff and Design Services Team
review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC,
the preliminary plat of Toscana I is consistent with the City of Yakima comprehensive plan, the
City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance.
5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of
foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of
development, (3) infrastructure, including public facilities and services needed to serve the
development, and (4) the characteristics of the development, the proposed project is consistent
with applicable development regulations and the adopted comprehensive plan.
6. Because, as conditioned, the Master Planned Community Overlay application satisfies
applicable review criteria, it should be recommended for approval.
7. Because the Toscanna I preliminary plat makes appropriate provision for public
health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and
recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans
for providing such services or amenities, the preliminary plat will serve the public use and
interest and should be recommended for approval.
From the foregoing Findings and Conclusions, the Hearing Examiner makes the following
410
RECOMMENDATION.
The application by Envi72ge Development Group for a residential Master Planned Development
Overlay, File No. PD#001 -09, and preliminary subdivision review, File No. PLP #001 -09, should
be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS:
A. General Conditions:
1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA
#020 -09), shall be binding conditions on application approval and shall be incorporated in the
Development Agreement required for the Master Planned Development before its final
execution.
2. All proposed construction is subject to plan review, inspections, and building
permits.
3. Construction activities on the project site shall comply with the city noise
ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily
basis except as required to respond to reasonably unforeseen emergencies.
RECEIVED
• Page 10of12
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PD #001 -09, PLP #J1-09 CIT'{ OF YAKINiA INDEX
PLANNING DIV. #
JUL 2 2 2009
CITY OF YAKIIVIA
13. Master Planned Development Overlay Conditions: PLANNING DI
1. The applicant, all underlying property owners, and City of Yakima shall enter into
a Development Agreement codifying all development standards and conditions of approval prior
to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws
applicable to development agreements.
2. The Development Agreement shall provide that, prior to any public dedication of
the private streets in the Planned Development, the streets shall be reconstructed to meet the city
street standards at the expense of either the Developer or the Toscanna Homeowners
Association, as the case may be, as determined in accordance with Declaration of Covenants,
Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement.
3. The draft Development Agreement shall be modified to include a summary of
public meetings.
4. The section for Minor Modifications in the draft Development Agreement shall be
changed so that Minor Modifications will undergo Type (2) Review.
C. Subdivision Conditions for Final Plat:
1. A current title certificate shall be submitted to the City of Yakima, Department of
Community and Economic Development, consisting of a report listing all parties having an
interest in the "land" to be divided and a legal description of the "land ".
2. A note shall be placed on the face of the Final Plat stating "The streets within this
plat are private and do not meet the standards for public streets. Prior to any public dedication of
the private streets in the Planned Development, the streets shall be reconstructed to meet the city
street standards at the expense of either the Developer or the Toscanna Homeowners Association
as provided in the Development Agreement, AFN .
3. The developer shall submit detailed plans for frontage improvements, private
roads, and water and sewer connections to the City Engineer for approval, and shall build or
bond said improvements prior to approval of the final plat (YMC Title 12).
4. All addresses shall be as specified as follows and must be clearly shown on the
face of the final plat.
Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run
Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run
Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run
Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run
Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run
Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run
Page 11 of 12
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PD #001 -09, PLP #001 -09 DOC.
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# C -1
• _ Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run
Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run
Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run
Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run
Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run
Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run
Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run
Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run
Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run
Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run
Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837. Seattle Slew Run
Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run
Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run
Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run
Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run
Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run . Lot 66: 847 Seattle Slew Run
In addition, the following note shall be placed upon the face of the final plat:
IP "The addresses shown on this plat are accurate as of the date of recording, but may be
subject to change ". The City of Yakima Building Codes Division is responsible for the
confirmation or reassignment of addresses at the time of building permit issuance.
5. Minimum eight- foot -wide utility easements shall be dedicated along the frontage
of each lot in the subdivision (YMC § 12.02.020).
6. The Final Plat shall be prepared by a land surveyor, registered in the State of
Washington, and contain all requirements of YMC § 14.20.200 along with all applicable
conditions.
DATED THIS 22 DAY OF JULY, 2009.
P • RICK D. SPURGIN Air
HE • G EXAMINER PRO TEM
RECEIVED
III Page 12 of 12 JUL 2 2 2009
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PD #001 -09, PLP #001 -09 �1 ANNlN{; 0 +V
INDEX
# c - I