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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. • COUNCIL ACTION: • „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. • • • 110 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 • (jc)res/Toscanna Phase 1 • 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 Y 'm. pr _". £ . ..� "a "` �' � 's' � , H ' `� -u ., ter .*mitt -, r<,x3""" ` 'r D OC ¢ �, � � D_ ®C N r i t DA,.., 1 =1\ E lE Xtt � +`-c 's.' .... ,.,, ._.. �:.5"?' a= '�? -.,. `.e.: ,�i +�'� '� ,... '�.. .�,: ` g . .:: , "; _ : �: ` '; ' . .. : >. s� A -1 Agenda Statement: Open Record Development Agreement 08/18/2009 Public Dearing . ii , . . ® 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: • • DOC. INDEX # A- I • TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD #001 -09 PLP #001 -09, SEPA #020 -09 EXHIBIT LIST CHAPTER B Proposed Resolution � .�'} a � y '� y�� -3, cX3�`�i4.� i :. 3 � DO t DOCUldIE � DATE - nc., k s � v i 5 t I '- �' x`" ` g, A a„J"^'-` toga i.€-a h a% A . ..,a... + = a* a a:..... B -1 Proposed Resolution 08/18/2009 • • • 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 # �_I 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 # - • 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 • • • • • • 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, • 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 • 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. • Development Agreement - 3 DOC INDEX 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. INDEX # �,� 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 INDEX # 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: • Development Agreement - 6 DOC. INDEX # C- 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. Page 2 of 12 Toscanna 1 PD #001 -09, PLP #001 -09 DOC. INDEX • 7. CURRENT ZONING AND USE. The subject property is zoned Two - Family Residential (R -2) in the 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. Page 3 of 12 Toscanna I PD #001 -09, PLP #001 -09 DOC. 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." Page 4of12 Toscanna I PD #001 -09, PLP #001 -09 DOC. INDEX # c 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 Toscanna I PD #001 -09, PLP #001 -09 DOC. INDEX • 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 Page 6 of 12 RECEIeI' Toscanna I DOC- PD #001 -09, PLP #001 -09 JUL K , U � INDEX 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 • Toscana 1 DOC. PD #001 -09, PLP #001 -09 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 Toscanna 1 JUL 2 2 2009 DOC. 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 Toscanna 1 PD #001 -09, PLP #001 -09 DOC. INDEX # 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 PD na 1 #O CITY OF YAKIN! }. DOC. PD #001 -09, PLP #001 -09 �1 ANNlN{; 0 +V INDEX # c - I