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R-2007-109 Wide Hollow Development, LLC, Development Agreement
RESOLUTION NO. R-2007-109 A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Wide Hollow Development, LLC, a Washington limited liability company (hereafter "Developer"), to provide for the terms and conditions of construction of a mixed use office building park complex for offices, commercial, and/or light industrial purposes to be located on Washington Avenue, between 40th and 48th Avenues, in the City of Yakima. WHEREAS, the City of Yakima (hereafter "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 `MC 14.10.090; 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 Ordnances, which zoned the property subject to the proposed Development Agreement Light Industrial with Airport Safety and Floodplain Overlay Zones; and WHEREAS, Developer has obtained a lease and development rights for a single parcel of approximately 20 acres in the vicinity of Washington Avenue, between 40th and 48th Avenues, Yakima, Washington (the "property"), and is legally described in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full in the attached development agreement; and WHEREAS, on March 31, 2006, Developer submitted an application for various land use permits to construct a mixed use office building park complex for offices, commercial, and/or Tight industrial purposes on Washington Avenue, between 40th and 48th Avenues (the "Project"); and WHEREAS, on November 20, 2006, the City issued a Notice of Application and Environmental Review for the Project of which it received numerous agency comments.; and jp/res-Wide Hollow Development Agreement 2007 WHEREAS, on May 8, 2007, Developer, in response to the aforementioned comments, revised their proposal and submitted an amended application; and WHEREAS, Developer is proposing a mixed use office budding park for the property, but has identified only a few specific proposed uses at the present time; and WHEREAS, Developer has identified that the creation of separate legal parcels by a binding site plan for the property, as defined in YMC 14.10.040 and described in YMC Chapter 14.35, is likely to lead in the future to the proposal of additional specific land uses other than those which the developer has identified as feasible at this time; and WHEREAS, the specific proposed uses of the property identified by Developer at the present time include the uses of restaurant, financial institution, professional and medical office; and WHEREAS, Developer intends to take appropriate steps to comply with critical areas regulations and other environmental and land use requirements related to development of the property; and WHEREAS, the City Planning Division conducted environmental review of the Project under the State Environmental Policy Act ("SEPA") subsequently issuing a Final Mitigated Determination of Nonsignificance ("MDNS") on the Project on July 2, 2007; and WHEREAS, on July 17, 2007, the City of Yakima Zoning Administrator and Sub Division Administrator issued their various land use decisions for a Binding Site Plan Approval, Class (2) Review and a Critical Area Substantial Development Permit approving the Project with conditions; and WHEREAS, on July 31, 2007, the afore said Final Decisions incorporating Findings of Fact and Conclusions of Law ("Final Decisions") approving the Project subject to the mitigating conditions of the MDNS and other various permits, were not appealed and subject to the obligation of Developer to enter into a development agreement with the City to implement the conditions set forth in the Final Decisions; and WHEREAS, the attached and incorporated Wide Hollow Development Agreement is intended to satisfy the obligations as set forth in the Final Decisions for the execution of a development agreement between Developer and the City to implement the conditions set forth in the Final Decisions; and jp/res-Wide Hollow Development Agreement 2007 2 WHEREAS, the City has determined that the Project is a development for which a binding site plan, and therefore this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among other things, implement the conditions in the Final Decisions, 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 Wide Hollow Development Agreement. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL this 7th day of August, 2007. ti/ ATTEST: \ David Edler, Mayor jp/res-Wide Hollow Development Agreement 2007 3 DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND WIDE HOLLOW DEVELOPMENT, LLC THIS DEVELOPMENT AGREEMENT ("agreement") is entered into between the City of Yakima, a Washington municipal corporation, ("City"), and Wide Hollow Development, 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 authonty 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 a lease and development nghts for a single parcel of approximately 20 acres in the vicinity of Washington Avenue, between 40th and 48th Avenues, 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 mixed use office building park for the property, but has identified only a few specific proposed uses at the present time; and WHEREAS, Developer has identified that the creation of separate legal parcels as a binding site plan for the property, as defined in YMC 14.10.040 and described in YMC Chapter 14.35, is likely to lead in the future to the proposal of additional specific land uses other than those which the developer has identified as feasible at this time; and WHEREAS, the specific proposed uses of the property identified by Developer at the present time include the uses of restaurant, financial institution, professional, and medical office; and WHEREAS, Developer intends to take certain steps to comply with critical areas regulations and other environmental and land use requirements related to development of the property; and Development Agreement - 1 I 11 II 1111 1 1 C TY OF YAKIMA - CODES 0 1 lll II II II 7582253 Page: 3 of 59 0912112007 1159A AGR $148,00 Yakima Co, WA 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 Light Industrial with Airport Safety and Floodplain Overlay Zones; and WHEREAS, the parties intend this agreement to guide the current and future uses of the property; now, therefore, IN CONSIDERATION OF mutual benefits, the parties agree as follows: 1. The proposed development. Developer's proposal for the property is hereby acknowledged and warranted to be for the purpose of constructing a mixed use office building park complex for offices, commercial, and/or light industrial purposes. Developer specifically acknowledges and warrants that the proposal for the property is construction of not more than 22 buildings on 22 separate lots with a total maximum building square footage within the property of 236,233 square feet and accompanied by 1,346 parking spaces. The Developer's proposed buildings, or any combination of less than the full build- out of all proposed buildings, shall be substantially consistent with the table set forth below, by which total maximum building square footages are assigned to specific lot numbers within Developer's proposed binding site plan; provided, that this allocation of square footages may be subsequently modified pursuant to a binding site plan alteration/amendment process or other administrative review as established by applicable law: Lot Number Total Maximum Building Square Footage 1 5,544 2 15,528 3 5,376 4 7,728 5 8,900 6 13,240 7 11,520 8 11,040 9 9,300 10 18,000 11 6,634 12 7,068 13 6,634 14 21,820 15 13,632 16 14,016 Development Agreement - 2 u 11111111 I 1 TY OF YAKIMA - CODES D 1 Tar. 453 of 59 09/21/2007 11:50A AGR $ 48.00 Yakima Co, WR 17 11,776 18 9,650 19 8,350 20 8,500 21 12,576 22 9,401 Total Building Square Footage = 236,233 Developer's preliminary binding site plan application has been filed with the City. It has been approved in the form attached hereto as Exhibit B. Developer agrees to abide by the terms and conditions of approval, including construction of all infrastructure described therein, which are set forth on the binding site plan map and in the City's prehminary binding site plan approval document attached hereto as Exhibit C and incorporated herein by this reference as if set forth in full. The binding site plan and concept of construction of a mixed use office park consistent with the above is referred to herein as the "proposed development." 2. Proposed projects, phasing. Developer proposes to build buildings or structures for the purpose of using certain lots of the proposed development for restaurant, financial institution, professional, and medical office purposes, as each such use classification may be defined by applicable law as the same currently exists or may be hereafter amended. Developer has not determined which lot within the proposed development will be suitable for which type of use. Developer may propose additional types of use, or propose specific projects, within the proposed development in the future. Developer acknowledges that the physical build -out of uses within the proposed development is expected to occur in phases. Developer agrees that land use decisions and SEPA analysis associated with any project specific uses of lots within the proposed development will be subject to subsequent review at a later date when analysis can be more meaningfully evaluated, all as may be provided for by applicable law. 3. Conditions of approval. Developer agrees that the use of the property pursuant to this agreement and the preliminary binding site plan application 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 July 2, 2007, a copy of which is attached hereto as Exhibit D and incorporated herein by this reference as if set forth in full (the "MDNS"). Developer agrees to abide by the mitigation and other requirements identified as a part of the MDNS. Developer agrees to abide by the conditions of such further or additional land use permits or other regulatory permits or approvals as may be identified in the MDNS, including with respect to critical areas regulations, or as may otherwise be required by applicable federal, state, and local law including but not limited to the City's Title 12 development standards, all as the same currently exist or may be hereafter amended. Developer agrees to make future applications or submissions as may be necessary to fully implement the phased review of the proposed development and any specific project Development Agreement - 3 I II ih 11 1111 1 1 C TY OF YAKIMA - CODES D 1 1 II 111 7582253 1 11 Page, 5 of 59 0912112097 11:50A AGR $148.00 Yakima Co, llA proposed therein. Developer agrees to abide by such conditions as are identified as a part of the Class (2) Zoning Review process conducted by the City, a copy of which decision document is attached hereto as Exhibit E and incorporated herein by this reference as if set forth in full, and further agrees that uses not expressly permitted as a result of the Class (2) Zoning Review shall be required to undergo further application and review processes. Developer agrees to abide by such conditions as are identified as a part of the Critical Areas Development Permit process conducted by the City, a copy of which decision document is attached hereto as Exhibit F and incorporated herein by this reference as if set forth in full. 4. Appeals. In the event that any of the permits or approvals associated with the proposed development, including but not limited to SEPA determinations, Class (2) Review, Critical Areas Regulations, or binding site plan approval, are or may be appealed, then in that event the City's 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, Class (2) Review, Critical Areas Regulations, or binding site plan approval. 5. DefaultlNotice. 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 nghts and remedies provided by law or equity, including without limitation, damages, specific performance or writs to compel performance or require action consistent with this agreement. 6. No third party beneficiary. This agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any nght of action based upon any provision of this agreement. 7. Third party legal challenge. In the event any legal action or special proceeding is commenced 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 lawsuit without the consent of the City, which consent shall not be unreasonably withheld. Development Agreement - 4 II 11 fill 1111 ‚DI TY OF YAKIMA - CODES 0 1111 7582253 Page: 6 of 59 09/21/2007 11:50A AGR $148,00 Yakima Co, WR 8. Term. This agreement shall continue in force for a period of thirty-five (35) years unless extended or terminated as provided herein or when the property has been fully developed, whichever first occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole reasonable discretion of the City. Provided, however, that termination of this agreement shall not affect any of Developer's obligations to comply with the Yakima Urban Area Comprehensive Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements approved with respect to the property or proposed development. Termination of this agreement shall not affect any of Developer's obligations herein which expressly or by implication are to continue after the termination of this agreement. 9. Entire agreement. This agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. 10. 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 authonty 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 of Yakima 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 the 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 pubhc 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. 11. 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. 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, Development Agreement - 5 110 ll 11 llll ID 1 1 III 011 AGR II7582253 Page: 7 of 59 0912112097 11:59A 148.00 Yakima Co, WA 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 wntten agreement of the parties hereto. This agreement or a memorandum thereof shall be recorded against the property as a covenant with the land which touches and concerns the property and shall be binding upon the City and Developer, their heirs, successors and assigns, and all future owners of the property. Developer shall be responsible for the costs of recording. 14. Agreement approval. This agreement may only become effective upon execution by the City of Yakima following adoption of a resolution approving the same following a public hearing in compliance with Ch. 36.70B RCW. nt AGREEMENT DA'Z'ED this 11 day ofrBge-_, , 2007. CITY OF YAKIMA WIDE HOLLOW DEVELOPMENT, LLC By: Richard A. Zais, Ji Name: City Manager T�tie AT PEST: Deborah Moore City Clerk CITY CONTRAC f NO: RESOLUTION NO: STATE OF WASHINGTON ) ) ss. County of Yakima Gro? /O? 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:jq�./td,.s , 2007. Development Agreement - 6 7582253 Page: 8 of 59 89/21/2007 11:59A Yakima Co, WA STATE OF WASHINGTON ) ) ss. County of Yakima ) Notary Public Residing at yAK, m A Commission expires: 3-/S- 2d/D I certify that I know or have satisfactory evidence that `-- personally appeared before me, signed this instrument, on oath stated that to execute the instrument and acknowledged it as the 40¢11140z Development, LLC, to be the free and voluntary act of such party for the mentioned in the instrument. / DATED: 1TZ� U� , 2007. he was authorized of Wide Hollow uses and purposes STATE OF WASHINGTON MICHELLE L. WILTSEY NOTARY PUBLIC COMMISSION EXPIRES MARCH 15, 2010 Development Agreement - 7 Residing at v7QK1,44/1- Commission !xpires: —/$ c9Of0 11 11 11 1111 1 1 111 I II 7582253 Page: 59 09/21/2000 of 7 1150A ' C TY OF YAKIMA - COOES 0 AGR $148,00 Yakima Co, WA EXHIBIT L6A" LEGAL DESCRIPTION BEGINNING AT A POINT LOCATED 50.00 FEET S 89°44'09" W OF THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.; THENCE S 0°34'04" W FOR 1020.19 FEET TO THE NORTH EASEMENT LINE OF WEST WASHINGTON AVENUE; THENCE S 56°01'54" W FOR 33.96 FEET ALONG SAID EASEMENT LINE, THENCE CONTINUING ALONG SAID EASEMENT LINE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 9°44'57" AND A RADIUS OF 1935 00 FEET FOR 329 25 FEET; THENCE S 21°02'35" W FOR 15.00 FEET, THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 10°13'10" AND A RADIUS OF 1950.00 FEET FOR 347.81 FEET; THENCE N 59°00'00" W FOR 748 61 FEET; THENCE ON A CURVE TO THE LEFT WITH A DELTA ANGLE OF 66°07'42" AND A RADIUS OF 880 00 FEET FOR 1015 66 FEET; THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 85°00'31" AND A RADIUS OF 40.00 FEET FOR 59.35 FEET TO THE EAST EASEMENT LINE OF SOUTH 48TH AVENUE; THENCE CONTINUING ALONG SAID EASEMENT LINE N 40°07'10" W FOR 226 01 FEET; THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 34°07'43" AND A RADIUS OF 315.00 FEET FOR 187 67 FEET; THENCE N 89°44'09" E FOR 1607 53 FEET; THENCE N 0°34'04" E FOR 100.00 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.; THENCE N 89°44'09" E ALONG SAID NORTH LINE FOR 925 59 FEET TO THE POINT OF BEGINNING 11111111111111111111111111111111111111111111111111111 7582253 Page 10 of 59 CITY OF YAKIMR - CODES DI AGR $ 48.00 Yakima Co, WA 50A EXHIBIT "B" 1 1 11 1111 1 1 CITY OF YAKIMA - CODES 0 1 7582253 Page: 11 of 59 09/21/2907 11:50A AGR $148,00 Yakima Co, WR APPLICATION FOR. `E' PRE .JMINARY SSI®Rt'PLAT CITY OF YAKIMA SUBDIVISON ORDINANCE '.iii'!. r�t ',: ,7": i1 , ; r---1 j x.. ;«h .. Cq,,, h'1 �.� .. i 4P-+�I ty kyy^^+%:(V.k. 41tZ ' i . 0 :, 4 1 PROPERTY OWNER List all persons and financial institutions that have a financial or ownership interest in the property (Attach if lengthy) Name and address Name and address Lk-.) \C E 1 C ' Ikea ► b ` 1 U3 U. r) I Gil jV1 1 3tt1(m©) «P C ?, 2 VEYOR AND ADDRESS e0 t 1 3 MA N CONTACT (Person who should receive correspondence and be availalbe to answer questions) I fl YVir 11`, 4 GENERAL, LOCATION PF PR PERTY (Address if availabl Attach . vicinity map which shows the locatoin) ( 1- -D` \i2J 16 031 44, MI Ail. . 5 ASSESSOR'S PARCEL NUMBERS) (g (3......_-- I bp, 6 LEGAL DESCRIPTION (Attach copy of deed, contract of original parcel of record or a complete legal description) 7 ZONING CLASSIFICATION 1._ 8 NAME OF SIPBDIVISON 9 PROPOSED NUMBER OF LOTS/RANGE OF LOT SIZES a u-.) • i 4, 1 �.__c-) ai v a 4i1L1 10 SITE FEN' RES "I A) General descnption of the site (Check all that apply) On •�n St ' �' V. Hat ❑ gental slopes 0 steep slopes `) ` B) Are there any indications of hazards associated with unstable soils such as slides or slipping in the area? 0 YES ' LNO Describe C) Is the Property in a 100 year floodplain or other critical area as defined by the Washington State Growth Management Act (GMA)? ._YES D NO 11 UTILITIES AND SERVICES � 1_1 11 11 ' A) t) I dicate e source of domestic water and sewage disposal method 1 rJ 1 W TT �.\ oL V ('� I1TY1Ll) ��t� d B) Ch which -df the following is available. Electricity [g -Telephone FCableTV (Natural Gas ' l {, + L Il1 C) Is irrigation water available to the oro.erty? ��. Y4 S ElN NO By whom 1 (,0_,(k., -,--e-1,--- .1 D) Distance to nearest fire by rant• et4 /i.►� E) Name of nearest street: O� �, k Nike F) Name of nearest school.b.M1—Y)-ckj) '‹srleY1 • i G) Method of handling surface water drainage `k.t --b- av a'`"y'`�c=4w i>t::.;;.: as , 1 u, 'sL f" ,�;..s-" ���' t YS � t'�i ft e:41A'?-i .;5O'. r': ,Yi - Y. -� 0-K rye: +i.. r y,.c. I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review I understand that conditions of approval such as dedication of right-of-way, easements, restrictions on the type of buildings that may be constructed, and access restric- tions from public roa may be imposed a pan of preliminary plat approval and that failure to meet these conditions may result in denial of the final plat. otic— 5-/107 Property Ov,(s) Date page 2 of 3 11 11 11 1111 1 1 111 I II II !E:0111 582253 Page: 12 of 59 09/211200? 11:50R C TY OF YAKIMR - CODES D AGR $148,00 Yakima Co, WR EXHIBIT "C" 11 II 1111 1111 II II TY OF YAKIMA - CODES 0 11 7582253 Page: 13 of 59 0912112007 11 50A AGR $ 48.00 Yakima Co, WA LITE OF 100 YEAR 8000 PLAIN N 89'44'09" E 2625.18' 16' P.U. EA5EMENT 11,778 SE PR04418)l 60' PRNATE ROAD (749.) 8' P.U. EASEMENT (TIT.) R EASEMENT 25' SEWER EASEMENT LOT 20 8,500 81 LOT 16 6..530 SI IDE 1 5,544 Sr IDT 1 15,828 81, CURVE DATA °UR0E DELTA RADIUS LENGTH A 6'1117' 1135.00' 32915' B 10'1310' 1950.00 311.61' C 46147'47' 860.00' 1015.66' 0 35'00'31' 40.00' 51.35' E 31147'43' 31800' 147.47 LOT 7 11,520 If LOOP 44119401E CURSE OELT6. MOUS TANGENT LENGTH 1 30.15'55- 100.00 54.40' 106.70 2 90.0'79' 75.00' 15.01' 11762' 3 31'21'32• 300.00' 64.71' 144.14' 4 63.3100' 75.00' 13.15' 115.93' SCALE HOP 1..100 TRACT A ALL OF PARENT PARCEL 181 334 -2100 1 A5 DESCRIBE° ON SHEET 3 OF 3 EXCEPT LOTS 1 THROUGH 22 A5 DESCRIBED ON SHEETS 4 OF 5 AND 5 OF 5. CEEKSIDE WEST WIDE HOLLOW DEVELOPMENT \ NORTH SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E. YAKIMA COUNTY, WASHINGTON BASIS OF BEARING. EAST UNE OF THE NW 1/4 SECTION 34 TWP. 13 NORTH. 600E 18 AS BEING 5 00.34.04" W (ASSUMED) MONUMENTATKON 59577(0 4/2001 SURVEY METH00: mu) TRAVERSE WOJET2/SOKKISKA. 50443FR10 ()REPRESENTS 3/13" RETIAL/DAP SET FLUSH WITH CAW 5831 •REPRE5ENT5 REBAR/CAP FOUND AUDITORS CERTIFICATE FRED FOR RECORD AT THE REQUEST OF 030E 00110* DEVELOPMENTS, LLC., THIS __ DAY OF_ 20_ AT _N1NU7ES PAST -_4.1 AND RECORDED 080ER AUDITOR'S FILE NUMBER RECORDS OF YAKIMA COUNTY, WASHINGTON. AUDITOR DEPUTY A1101106 5LRF.EYDI75 CERTIFICATE 'I JOSEPH AN0RE0TT1, PROFESSIONAL LAND SURVEYOR. DO HEREBY CERTIFY THAT THE BINDING SITE PLAN AS SHOWN IS BASED UPON AN ACTUAL 5URSEY IN ACCORDANCE WITH THE THE REOUREMENTS OF THE SURVEY RECORDING ACT, THAT 111E DISTANCES, CouR5ES ANO ANGLES 943E SHOWN HEREON CORRECTLY, AND THAT THE MONUMENTS AND LOT GOPHERS HAVE BEEN SET ON THE GROUND AS SHOWN HEREON.' JOSEPH ANDREo711 PLS 5831 06400 •0237` Y/ IS ` �N 5640'9'54''E33.96 • NOTE NO BUILD1140 STRUCTURES `3414,1 BE ALLOWED NORTH OF THE LINE OF THE 100 YEAR F7LOD PURI OR SOUTH OF THE RESTRICTED FLIGHT ZONE. Q ISO l N©©lQ4 E% OM. CONSULTING ENGINEERS 305 4e,99 661 AwHire, 7941640, 9944n0m 98902 1509) 050-9281 04404*E STRUCTURE NOM. 06EE1510E WEST 51A 0+50 CON51. (NOWELL MANHOLE 000 4 0(77 . 6' C 70' IONC OPNN 7710 1 RM 1';'40914 40 1091.69, DOT. 109.] 69 (13 CRAZE7 1 01 44,BCI1 b9799 0 42 15 12" PVC. RIPE (1) DWANial 1101,19, 11 ib98 9 DRAINAGE STRUCTURE N01j5' CREEKSR3E WEST STA 6488 CONST ORYWEI1 MANHOLE A80 4' DEEP . 6' W1DE . 54' LONG DRAIN /12,10 RAI 1103.49. E 1099.69, 801. 1096.69 50051 EA700 64546, 64007 GM1E 1101.99, IE 1099.79 [[ 29 Lf 12'0'0.0 PIPE 0 0M6E 104120 969 60 49 bLR9 DRAINAGE STRUCTURE NO/ES CREE115400 WEST STA 7484 *0050 (ATWELL MANHOLE ANO 4' DEET . l' WIDE 6 51' LONG DRAIN DELO 6141 110353.E 1099.73, 801. 1096.73 00601 EATON 96510, 614111 06470 1103.03. IE 4099.83 0 29 LF 12" P.V.G. PIPE CDM1EONST GTCN BASIN. LER '® 1403.03, IE 1100.03 DRAINAGE STRUCTURE NOTES. CREEKSIOE LOOP STA 0+64 CONST. ORYwELL MANHOLE ARD I' PEEP . 6' 6101. 104' 1000 GRA1H FIELD RW 1100.23, E 1096.43. 001. 1093.43 gZ5T 06400 86544. RM141 TE 99.74,E 096.53 Es 42 1.1 12' 6.0.0 RIPE 50057 2,67411 615194 1LR 4801E 1099.74, K Ib96.73 MURAL( STRUCTURE NOTES. 080(9002, 100P STA 6+65 CONST DRYWELI MOINCt41 AND 4' DEEP 010E . 88' LONG DRAIN �0 RIM 1104.06. C 1100.26. 001 7.28 CONS1. CLICK 66516. 61001 0807E 1103.66. IE 1100.36 Q 29 I7 11' P.0 0 PIPE CONSET GiCH BASIN, LER CMT1103.58,E 1100 58 06NNAGE STRUCTURE NOTES. CREEK510E LOOP STA 11+40 CONST. °0114011 MANHOLE A440 0' DEEP 6' IDE e6' LONG DRUM ELO 041 110778, E 710398, 937. 1100.98 ® CON57. CATCH 8,4584..RIGI1T 4801E 1101.18. IE 104 OB ©29 LF 12" PVC. RPE CONST. STREET UTC+ BASIN LEFT 1 1107.26,E 1104 20 5TREET LIGHT LOCATIONS C60(445OE WEST 08ECKS10E 100P 0 STA 0+60 LER QSTA 34 60 Lrrr I✓^ STA 6+60 LEFT 0 STA 9+60 LER 0 STA 0+60 LER 0 SIA 34.60 12,11 Q STA 6460 LER Q STA 4160 LEFT 13 510 12+60 1E1T ® STA 15+60 LEFT PRELIMINARY BINDING SITE PLAN SCIHE 60' DATE 6446, 70, 7001 PARCEL No 181334-21001 DRAWN PT. 2,R I OF 5 FOR: WIDE HOLLOW DEVELOPMENT CREEKSIDE WEST 3139/RINOING LRIE OF ,00 YEN 0000 PLAAI NW 1/4 COR 2 NOT M 8114NN0 S,TE PVN N B8"44'00" E 1507 53' 16' SEWER EASEMENT LOT 18 14,018 01 13,632 5I 8EWER EASEMENT 1D1 18 1,150 SI LOT 14 21,2120 51 30' . 30' SIOR TRIANGLE (11P ) LOT 10 11,000 5.F TRACT A ALL OF PARENT PARCEL 181334_21001 AS DESCRIBE° ON SHEET 3 OF 5 EXCEPT LOTS 1 THROVGH 22 A5 DE50818E0 O0 SHEETS 4 OE 5 AND 5 OF 5. NOTE: NO BUI1.01140 STRUCTURES MOLL BE ALLOME0 NORTH OF THE UNE OF THE 100 YEAR FLL0O PLNN OR SOUTH 06 THE RESTRICTED FLIGHT ZONE. BASIS 06 BEARING: EAST UNE Of THE NW 1/4 SECTION 34 TWP. 13 NORTH, RN4GE 16 AS BEING S 00"34'04" W (ASSUMED) MONDMENTATION VISITED 4/2007 SURVEY METHOD FIELD TRAVERSE WNETLSOKKISKA 504)36010 °REPRESENTS 3/0" REEOR/CAP SET FLUSH WITH CAP 5831 •REPRE5EN7S RE8AR1LM FOUND AUDITORS CERTIFICATE F/E0 FOR REC0R0 AT THE REOVE51 OF 2100 H1LOW DEVELOPMENTS, LLC., THIS _ OAT OF 20_., AT _MINUTES PAST _J4 A1.40 0(0080EO UNDER AUDITOR'S FILE NUMBER RECORDS Of YAKMA COUNTY, WASHINGTON. AUDITOR SURVEYORS CERTIFICATE JOSEPH ANORE0T11, PROFESSIONAL 1)250 5UR0EYDR, D0 HEREBY CERTIFY THAT THE BINDING SITE PLAN AS SHOYIN rs B15E0 UPON AN ACTWL 513FNEY IN ACCORDANCE 'ITN THE THE REQUIREMENTS OF THE 5UMEY RECORDING ACT, THAT THE DISTANCES, COURSES A40 mous ARE SHOWN HEREON CORRECTLY, M50 11441 THE MONUMENTS AND LOT CORNERS HAVE BEEN SET ON THE OROUNO A5 SHOWN HEREON" DEPUTY 01)08108 JOSEPH AORE010 Ply 5831 DATED SCALE HOR "-100' CURVE DATA CU704 DELTA RADIUS LENGTH A I.44'57. 1135 00' 329.15' 0 1013'10' 1150.00 217.11' C 611742" 810.00' 1015 18' 0 151011" 40.00' 59.35' E 34'01'43" 31500 187,67 CORK DELTA RAMS TANGENT LENGTH 1 2015100 200.00' 54.40' 106.1Y 2 905071' 75.00' 75.01' 111.82' 3 1111'52" 300.00' 84.71' 114.19' 4 88'34'00" 75.00 73.15' 115.93' CREEKSIDE WEST WIDE HOLLOW DEVELOPMENT NORTH 1/2, NW 1/4 OF SECTION 34, TOWNSHIP 13 NORTH. RANGE 18 E YAKIMA COUNTY, WASHINGTON [-A\ ° E©TTI CONSULTING ENGINEERS 305 400 5U A.n,, 1014m., Y.nJi,pin .0802 (504) 453-8411 PRELIMINARY BINDING SITE PLAN 5CHL: 1" - 10' WE MR 20, 2007 PARCEL No. 181331-21001 044.441 A• Lw 94(41 Or 5 FOR: WIDE HOLLOW DEVELOPMENT CREEKSIDE WEST 0130/PIHOING CITY OF YAKIMA - CODES D 'DEDICATION AND WAVER OF CLAIMS' 5KNOW ALL PERSONS BY THESE PRESENT THAT THE CITY OF YAKIMA, A MUFRGPAL CORPORATION AND YAKIMA COUNTY ARE THE OWNERS AND ALL OTHER PARTIES HAVING ANY INTEREST IN THE UNO HEREON DESCRI0 EEL HAVE WITH THEIR FREE CONSENT ANO IN ACCORDANCE HATH THEIR DESIRES CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON. DO HEREBY DEDICATE THOSE ROADS AND'OR RIGHT-OF-WAY SHOWN AS PU91IC DEDICATIONS HEREON TO THE USE OF THE PUBLIC, DO HEREBY WANE ON BEHALF OF THEMSELVES AND THEIR SUCCESSORS IN INTEREST ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF YAKIMA AND ANY OTHER GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASKN4ED TO THE ADJACENT 1000 BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID DEDICATED ROADS ANEKOR RIGHTS-OP.WAV AND DO HEREBY GRANT AND RESERVE THE EASEMENTS AS 5140WN HEREON FOR THE USES INDICATED' TREASURERS CERTIFICATE I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR 6 SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE 6 OWING ON THE PROPERTY DESCRIBED HEREON, ON THIS DATE OF CERTIFICATION. HAVE BEEN PAID. DATED THIS DAY OF 20 YAXIMA COUNTY TREASURER 5 OFFICE CITY OF YAKIMA STATE OF WASHINGTON 000501 OF YAKIMA SS ON THIS _000 OF__20_ BEFORE ME APPEARED KNOW. 10 BE THE PERSON(S) DESCRIBED IN 6 WHO EXECUTED THE FOREGOING INSTRUMENT 6 ACKNOWLEDGES TO ME THAT 110500 (THEY) SIGNED THE SAME A9 H151IER (THEIR) FREE A. VOLUN TAR ACT FOR THE PURPOSES 6 USES THEREIN MENTIONED IN YATNE50 THEREOF I HAVE HEREUNTO SET MY HAND 6 AFFIXED MY OFFICIAL SEAL. 50100 PUBUC IN 6 FOR THE STATE OF WASHINGTON RESIDING Al YAKIMA COUNTY STATE OF WASHINGTON COUNTY OF YAKIMA SS ON THIS DAY OF 20 BEFORE ME APPEARED KNOWN TO BE THE PERSON(5) DESCRIBED IN 6 WHO EXECUTED TIE FOREGOING INSTRUMENT a ACKNOWLEDGES TO ME THAT,1E5IE (THEY) SIGNED THE SAME A9 H1S.ER (THEIR) FREE 6 VOLUNTARY ACT FOR THE PURPOSES 6 USES THEREIN MENTIONED. 94 WITNESS THEREOF 1 HAVE HEREUNTO SET MY NANO 6 AFFIXED MY OfFICLAL SEAL. NOTARY PUBLIC W 6 FOR THE STATE OF WASHINGTON RESIDING AT AUDITORS CER TIFICAIE SURVEYORS C00(140G1E FRED FOR RECORD AT PIE REQUEST OF 'HOE HOLLOW DEVELOPMENTS, 110. T1115 _ DAY OF 20_ AT MINUTES PAST _J4 AND RECORDED LINDER AUDITORS FILE NUMBER RECORDS OF YAKIMA COUNTY. WASHINGTON. AUDITOR DEOUIY AUDITOR APPROVALS CIN OF YAKIMA ENGINEER DATE DATE CITY OF YAAIMA PLAT ADMINISTRATOR 0 JOSEPH 4OOF RE0T11, PROFESSIONAL LAND S594(1OR, DO HEREBY CERTIFY THAT THE BINDING 511E PLAN A5 SHOWN 40 00500 0009 Ill ACTUAL sUMEY IN ACCORDANCE WITH THE THE REQUIREMENTS OF THE SURVEY RECORDING ACT, THAT THE 0401ANCE5, (04190E5 ANO ANG1.E5 .ME SHOWN HEREON CORRECTLY, AND THAT THE 5OMINENIS ANO L01 CORNERS HAVE BEEN SET ON THE GROUND A5 SHOWN HEREON.' .JOSEPH 4NOREorn PLS 5631 DATED LEGAL DESCRIPTION PARCEL 181334-24001 BEGINNING AT A POINT LOCATED 50.00 FEET S 89'44'09" W OF THE NORTH DARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH. RANGE 18 E.W.M.; THENCE 5 0'34'04' W FOR 1020.19 FEET TO THE NORTH EASEMENT LINE OF WE5T WASHINGTON AVENUE: THENCE S 56'01'54" W FOR 33 96 FEET KONG SAID EASEMENT LINE, THENCE CONTINUING ALONG 540 EASEMENT LINE ON A CURVE TO THE RIGHT WI111 A DELTA ANGLE OF 9'44'57" ANO A RADIUS OF 1935 DO FEET FOR 329.25 FEET; THENCE 5 24.12'35' W FOR 15.00 FEET; THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 10'13'10' ANO A RADIUS OF 1950 00 FEET FOR 347.81 FEET: THENCE N 59'00'00" W FOR 748.61 FEET: THENCE ON A CURVE TO THE LEFT WITH A DELTA ANGLE OF 66'07'42' AND A RADIUS OF 880.00 FEET FOR 4015 66 FEET; THENCE ON A CURVE TO THE RIGHT WITH A DELA ANOI.E Of 85'00'31" ANO A RADIUS OF 40.00 FEET FOR 59.35 FEET TO THE EAST EASEMENT UNE OF 500144 48TH AVENUE: THENCE CONTINUING ALONG 540 EASEMENT LINEN 40'0710" W FOR 226.01 FEET; THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 34'07'43' AND A RADIUS OF 345.00 FEET FOR 187.E7 FEET: THENCE N 89'44'09' C FOR 1607,53 FEET; THENCE N 0'34'04" E FOR 100 00 FEET TO THE NORTH LINE OF THE NO491I1WEST QUARTER OF 5EC1(0N 34, TOWNSHIP 13 NORTH. RANGE B E.Wu; THENCE N 89'44'09" E ALONG 5610 NORTH LINE FOR 925.59 FEET TO THE POINT OF BEGINNING. 51TUATE0 IN YAKIMA COUNTY. STATE OF WASHINGTON AREA - 29.29 ACRES `V' gOV654.nz 41WtlO CONSULTING ENGINEERS 305 01,54 6W 41a5(0, 1..e, 9e4H9455 99905 (509) 153-6181 PRELIMINARY BINDING SITE PLAN scut NAA PATE NR. 10, 2001 PARCEL No. 181334-21001 OKRAS BY:.01 SHEET 3 OF 5 FOR: WIDE HOLLOW DEVELOPMENT CREEKSIDE WEST 3139/TlINDING LOT I COMMENCING AT THE NORTH WARIER CORNER OF SECTION 31. TOWNSHIP 13 NORTH, RANGE 18 E.W.M.; THENCE $ 0.34'04" w AL0240 THE EAST UNE OF INC NORTHWEST OIy01ER OF SATO SECTION 34 FOR 374,80 FEET: THENCE 5 89.44.09" w FOR 140 40 FEET TO THE PONT Of BEGINNING: THENCE 5 89.44'09" W FOR 78.0 FEET; THENCE 5 0.15'51" E FOR 24.0 FEET• THENCE 5 89.14'09" W FOR 24.0 FEET: THENCE 5 0.45'54" E FOR 36.0 FEET; THENCE N 89"44'09" E FOR 102.0 FEET' THENCE 41 0"15'51" W FOR 60.0 FEET TO THE POINT OF BEGINNING. SITUATED IN YAKIMA CO7NTY, STATE Of WASHINGTON, AREA • 5.544 5.F L07 2 COMMENCING AT THE NORTH WHITER CORNER OF SECTION 34. TOWNSHIP 43 NORTH. RANCE 48 (AYR, 114ENCE 5 0.34'01" W NANO THE EAST UNE Or THE NORTHWEST WARIER OF 500 SECTION 34 FOR 470.10 FEET' THENCE 5 89.44.09" w FOR 112.30 FEET TO THE POINT OF BEGINNING; THENCE 5 89.44'09" W FOR 132.0 FEET: THENCE 5 0.15'51" E FON 98.0 FEET• THENCE H 89.44'09" E FOR 24.0 FEET; THENCE 5 0"15'51" E FOR 12,0 FEET' THENCE N 69.14.09" E FOR 36.0 FEET; THENCE 5 0"15'51" E FOR 12 0 FEET; THENCE N 89.44'09" E FOR 36.0 FEET; THENCE 5 0.15'SI" E FOR 12.0 FEET; THENCE N 89'44'09" E FOR 36.0 FEET: THENCE N 0.15'51" W FOR 134.0 FLET TO THE POINT OF BEGINNING. STRIATED M YAKITIA (WNW, STALE OF WASHINGTON. AREA - 45,528 5.5 LOT 3 COMMENCING AT INC NORTH QUARTER CORNEA OF SECTION 34, i0wN5111P 13 NORTH, RANGE 18 EW M.; THENCE 5 0.34.04" W ALONG THE LAST LINE OF THE NORTHWEST OU4ATER OF 584) SECTION 34 FOR 372.20 FEET' THENCE 5 69.44'09' W FOR 257.10 FEET TO THE POINT Of 6(011.114040; THENCE N 59.00'00" W FOR 81.0 FEET; THENCE 5 31.00'00" W FOR 61.0 FEET; THENCE 5 59.00'00" C FOR 84.0 FEET: THENCE N 31'00'00" E FOR 64.0 FEET; SITUATED RN YAKIMA COUNTY, STATE OF WASHINGTON, AREA - 5,376 5.5 LOT 4 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 16 C.W.M.; THENCE 5 043004' W KONG INC EAST UNE OF INC NORTHWEST QUARTER OF 5410 SECTION 34 FOR 455.70 FEET THENCE 5 89.44'09- W FOR 306.60 FEET TO THE PONT OF BEGINNING; THENCE N 59'00.00' W FOR 64.0 FEET; THENCE S 31.00'00" W FOR 92.0 FEET; THENCE 5 59'00'00" E FOR 84.0 FEET; THENCE N 31'00'00' E FOR 92.0 FEET TO THE PONT OF BC0N20M0, 51TUA1E0 IN Y4KNA CWNY, STATE OF WASHINGTON. AREA . 7.728 S F LOT 5 COM/E24E1HG AT THE NORTH 01)HI1ER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 48 E.W.M.; THENCE 5 0'34'04" W ALONG THE EAST UNE OF THE NORTHWEST QUARTER OF SAID SECTION 34 FOP 781.10 FEET. THENCE 5 89'44'09' W FOR 72 50 FEET TO THE POINT OF BEGINNING; THENCE N 74'33'00" W FOR 72.0 FEET; THENCE 5 1577'00" W FOR 106 0 FELT; THENCE S 74.33'00" E FOR 96.0 FEET; THENCE N 1577'00- E FOR 35.33 FEET: THENCE N 74.33'00" iv FOR 12.0 FEET; THENCE N I5.27'00" E FOR 35.33 FEET; THENCE N 74.33'00" W FOR 12.0 FEET: THENCE N 45'27'00" E FOR 35,34 FEET 10 THE PONT OF BEGINNING, SITUATED IN YAKIMA CWNY, STATE OF WASHINGTON, AREA - 8,904 5 F AUDITORS CERTIFICATE SURVEYORS CE01MIG1E FIIL0 FOR RECOPO AT THE REOUE51 Of WE HOLLOW 0EV'ELOPMCN7S, LLC., THIS _ DAY Of 20_ AT up/07ES PAST _M M0 RECORDED UNDER AUDITOR'S FILE NUMBER RECORDS OF YAKIMA COUNTY, WASHINGTON. AUDITOR DEPUTY 0(1041OR L01 6 COMMENCING AT INC NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH, RANGE 18 E.W THENCE 5 0'34'04" W ALONG THE EAST UNE OF THE NORTHWEST WARIER Of 5,410 SECTION 34 FOR 747.60 FEET; THENCE 5 89.44'09" W FOR 236.00 FEET i0 THE POINT Of BEGINNING: THENCE N 74'33'00" W FOR 132,0 FEET; THENCE S 1577'00" W FOR 480 FEET; 114ENCE N 74'33'00' 11 FOR 12.0 FEET: THENCE 5 1577'00' W FOR 48.0 FEET' THENCE 5 74.33'00" E FOR 444.0 FLET; THENCE N 15'27'00- E FOR 96.0 FEET TO THE 404541 OF BEGINNING SITUATED IN YAKIMA COUNTY, STALE OF WASHINGTON AREA - 12,248 5.F LOT 7 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 THENCE 5 0.34'04" W ALONG THE EAST UNE OF THE NORTHWE5T QUARTER OF 5440 5ECT9ON 34 FOR 683,80 FEET THENCE 5 139'44'09" W FOR 374,60 FEET TO THE POINT OF BEGINNING; THENCE N 58'05'00' W FOR 96.0 FEET; THENCE 5 31.55'00" W FOR 120.0 FEET; THENCE 5 58'05'00• E F01 96 0 FEET; THENCE N 31.55'00" E FOR 120.0 FEET TO THE PONT OF 8EGINNINC. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 11,520 5.F LOT 8 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 THENCE 5 0'34'04' W ALONG THE EAST UNE OF THE NORTHWEST QUARTER OF 5440 SECTION 34 FOR 627,70 FEET' THENCE S 89444'09" w FOR 484 20 FEET TO THE PONT OF BEGINNING: THENCE N 56'05'00' W FOR 92.0 FEET: THENCE 5 31'55'00" *FOR 120.0 FEET: THENCE S 56'05'00" E FOR 92.0 FEET' THENCE N 31.55'00' E FOR 120.0 FEET TO THE POINT OF BEGINNING, SITUATED IN 540044 COUNTY, STATE OF WASHINGTON. AREA - 11,040 5.1 LOT 9 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH. RANCE 18 E.W.M.; THENCE 5 0'3404" W ALONG THE EAST UNE OF THE 44011044 E50 QUARTER OF SATO SECTION 34 FOR 521,20 FEET THENCE 5 69'44'09" W fOR 637.80 FEET TO THE P01141 OF BEGINNING; THENCE 11 56'05'00' W FOR 150.0 FEET; THENCE S 31 '55.00" W FOR 67.0 FEET' THENCE 5 58.05'00" E FOR 150.0 FEET' THENCE N 31'55'00" E FOR 62,0 FEET TO THE POIN1 OF BEGINNING. SITUATED IN YA(AM CO7NY, STATE OF WASHINGTON. AREA - 9,300 5.5 LOT 10 COMMENCING AT THE NORTH QUARTER CORNER Of 5ECRON 34, TOWNSHIP 13 NORM, RANGE 18 E.W.M.; THENCE 5 0.34'04' W ALONG THE EAST LINE OF THE NORTHWEST DRAFTER OF SATO SECTION 34 FOR 447.40 FEET' THENCE 5 89.44.09" W FOR 678.10 FEET i0 THE POINT OF BEGINNING. THENCE N 56705'00" W FOR 120.0 FEET; THENCE $ 31'55470' W FOR 150.0 FEET; THENCE 5 56.05'00" E FOR 120.0 FEET: THENCE N 31'55'00' E FOR 150.0 FEET TO THE P0I141 05 BEGINNING. 54011ATE0 M 5410944 COUNTY. STATE OF WA514040TON. AREA - 16.000 S.4 1, JOSEPH AIOR(OTT. PROFESSKMUL WIG SURVEYOR, 00 HEREBY CERTIFY THAT THE 8450010 SITE RAN AS SHOWN 6 BASED UPON AN ACTUAL WW1"( M ACCOR0M4CE 96104 THE THE REOAREMENTS O TIC SURIEY RECORDING ACT, 11441 INC DISTANCES, COURSES M40 ANGLES ARE SHOWN HEREON CORRECTLY AOI THAT THE 440241MEH75 AND LOT CORNERS KAYE BEEN SET ON THE GROUND AS SHOWN HEREON' 305EPH 4)40RE0T11 RS 5831 NEED LOT 11 COMMENCING AT INC NORTH 0114:ITER CORNER OF SECTION 34, TOW9/5164 13 NORTH, RANGE 16 E.W.M,; THENCE 5 0'34'04" W ALONG THE EAST LINE OF THE NORTHWEST OUAP1ER OF SATO SECTION 34 FOR 335,40 FEET: THENCE S 69'44'09' W FOR 1,054,20 FEET TO THE 401441 OF BEGINNING: THENCE N 58'05'00' W FOR 107.0 FEET; THENCE 5 31.55'00' W FOR 62.0 FEET; THENCE 5 58'05'00' E FOR 107.0 FEET; THENCE 11 31.55'00" E FOR 62.0 FEET TO THE POINT OF BEGINNING. 5471147E0 IN YAKNM COUNTY, STATE OF WASHINGTON. AREA - 6.634 5.47 LOT 12 COMMENCING AT 1145 NORTH WARIER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.W.M., THENCE $ 0'34'04' W ALONG THE EAST UNE OF THE NORTHWEST QUARTER OF SARI SECTION 34 5011 627,70 FEET: THENCE 5 89.44'09" W FOR 895,60 FEET 70 THE POINT OF BEGINNING; THENCE N 58.05'00" W FOR 114.0 FEET; THENCE 5 34.55'00" W FOR 62.0 FEET' THENCE 5 58'05'00" E FOR 114.0 FEET' THENCE N 31.55'00" E FOR 62.0 FEET TO THE POINT OF BEGINNING. SITUATED IN TAKAO. COUNTY, STATE OF WASHINGTON. AREA - 7,066 S,F LOT 13 COMMENCING AT THE NORTH WARIER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 16 E.W,N.; THENCE 5 0.34'04" W KONG THE EAST UNE OF THE NORTHWEST OUAR1(R OF SN0 SECTION 34 FOR 407.20 FEET; THENCE 5 89744'09"W FOR 1,098.30 FEET TO THE POINT OF BEGINNING; THENCE N 58'05'00' W FOR 103.0 FEET: THENCE $ 31.55'00' W FOR 62.0 FEET' THENCE S 56405'00' E FOR 103,0 FEET; THENCE N 31.55'00" E FOR 62,0 FLET 70 THE POINT OF BEGINNING. 51TUAT(D IN YAKIMA COUNTY, STATE OF WASHINOION AREA - 6,634 S.F 0 14 CONMENAT INC NORTH QUARTER CORNER OF SECTION 34, i0WIIS/IIP IJ10NORTH, H, RANGE 18 E.W u 5 0.31'04' ALONG INC EAST UNE 43F RIC NORTHWEST QUARTER OF 5410 OF 5440 SECTION 34 FOR 304110 FEEL; THENCE S 69'44'09' W FOR 8,742,70 FEET i0 INC PONT OF BEGINNING; THENCE N 76'24.00" W FOR 8.0 FEET; THENCE N I 1 "36'00" C FOR 4.0 FEET; THENCE 44 76'24'00" W FOR 24.0 FEET; THENCE N 18'34.00' E FOR 8.0 FEET, THENCE N 76.24'00" W FOR 72.0 FEET: THENCE N 18736.00" E FOR 6.0 FEET: THENCE N 764I4'00" W FOR 72.0 FEET; THENCE 5 11'76'00" W FOR 6,0 FEET; THENCE H 76.24'00" W FOR 72.0 RET; MINCE S 11.76'00" N FOR 8.0 FEET' THENCE N 76.21'00" W FOR 24.0 FEET; THENCE 5'11.36'00' W FOR 4.0 FEET: THENCE N 7674'00" W FOR 6.0 FEET: THENCE 5 11'76'00" W FOR 56.0 FEET; THENCE 5 7674'00" E FOR 8.0 FEET: THENCE 5 8.36'00' W FOR 4,0 FEET' 7 THENCE 5 76'24'00' C FOR 24,0 TETT; THENCE 5 11'36'00' W FOR 6.0 FEET' THENCE $ 76'24.00" E FOR 72.0 FEEL; THENCE N 11'76'00' E FOR 6,0 FEET; THENCE 5 76'26'007 E FOR 72.0 FEET: THENCE 5 11'36'00' W FOR 16,0 FEET; THENCE 5 76'24'00' E FOR 72.0 FEET; THENCE N 11'36'00" E FOR 16.0 FEET: THENCE 5 76'24'00' E FOR 24,0 FEET: THENCE N 11'36'00" E FOR 11 0 FEET; THENCE $ 76.21.00' C FOR 8.0 FEET THENCE N 11'36'00" E FOR 56,0 FEET TO INC POINT OF BEGINNING. SITUATED IN YAKIMA COUNTY STATE OF WASHINGTON. AREA - 21,820 5.5 ©©Dl Y L5G CONSULTING ENGINEERS 305 Nva IM A..,., Ye460a. 9e.Nn61e, 56962 (501) 453-8761 PRELIMINARY BINDING SITE PLAN SCAT: I/O DATE AR. )0, M07 PARCEL No. 101334-21001 00AW161: 444 SMR4V5 FOR: WIDE HOLLOW DEVELOPMENT CREEKSIDE WEST M4.440 449 3139/RINp140 CITY OF YRKIMR - CODES D LOT 15 COMMCNCING AT 1HE'NOR144 OUAR1ER CORNER OF SECTION 34, TOWNSHIP 13 NORM, RANGE 48 E.W.M,; THENCE 5 0.34.04' W ALONG 141E EAST LINE Of THE NORTHWEST WAXER OF SAO SECTION 34 FOR 119.50 FEET; THENCE 5 89'44'09' W FOR 1,862 70 F0E1 TO THE POINT Of BECINNINO; THENCE S 89.44.09" W FOR 264,0 FEET; THENCE 5 0'45.51• E FOR 48.0 FEET: THENCE N 89.4409' E FOR 36 0 FEET; THENCE S 0'15'51' E FOR 6.0 FEET; THENCE 4 89.44.09' E FOR 60.0 FEET. THENCE N 0'15.51" W FOR 8.0 FEET' THENCE N 89.44.09' E FOR 72.0 FEET. THENCE 5 0'15.51' E FOR 6.0 FEET' THENCE H 89.44.09• E FOR 60.0 FEET; THENCE N 0"15'51" W FOR 8.0 FEET; THENCE N 89.44'09' E FOR 36 0 FEET; THENCE N 0'15'51` W FOR 48 D FEET; 54TUA1E0 IN 0ANIMA COUNTY, STATE OF WASHINGTON. AREA - 13.632 S.F 10T 16 0014460ING AT THE NORTH QUARTER CORNER OF SECTION 34. TOWNSHIP 13 NORTH, RANGE 18 E,W,M.; THENCE 5 0.34'04' W ALONG THE EAST LINE OF THE NORTHWEST WARIER OF 574D SECTION 34 FOR 119.50 FEET; THENCE 5 89.44'09' W FOR 1.977,00 FEET 70 THE POINT OF BEGINNING; THENCE 5 89.44.09" W FOR 240.0 FEET; THENCE 5 0'15'51" E FOR 160 FEET; THENCE N 89.44.09" E FOR 48.0 FEET; THENCE 5 0115.51" E FOR 16.0 FEE1' THENCE N 69.44.09" E FOR 48.0 FEET; THENCE 5 0'15'51" E FOR 16.0 FEET; THENCE N 89.44.09" E FOR 444 0 FEET; THENCE N 0'15150" W FOR 65.D FEET; SITUATED IN YAKWA COUNTY. STATE OF WASHINGTON. AREA - 14,046 5.F LOT 17 COMMENCING AT THE NORTH WARIER CORNER OF 5ECT10N 34, TOWNSHIP 13 NORTH. RAN00 18 E W.12.; THENCE S 0.34'04" W ALONG THE EAST UNE OF THE NORTHWEST QUARTER OF 5740 SECTION 14 FOR 30.90 FEET' THENCE 5 89.44'09" W FOR 434.70 FEET TO THE POINT OF 5004(46140; THENCE S 89.44'09' W FOR 160.0 FEET; THENCE 5 0.15'51' E FOR 16.0 FEf7' THENCE 5 59.44'09" W FOR 16.0 FEET; THENCE 5 0"15'51" E FOR 16.0 FEET; THENCE S 89.44109- W FOR 16.0 FEET; THENCE 5 0.15'51" E FOR 16.0 FEET THENCE 5 89.44'09" W FOR 16.0 FEET; THENCE 5 0.15'51" E FOR 16.0 FEET' THENCE 14 89"44'09" E FOR 206,0 FEET; THENCE Al 0.15'51" W FOR 64.0 FEU TO THE POINT OF BEGINNING. 51TUA1E0 IN YAANIA COUNTY 5TATE OF WASHINGTON. AREA - 11,776 S.F L01 IB 004MENCING AT THE NORTH OUM7ER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 EW M„ 16EAICE $ 0.34'04^ W ALONG THE EAST UNE OF THE NORTHWEST 00M0ER OF 5040 SECTION 34 FOR 480.80 FEET; THENCE 5 89'14'09" W FOR 670 60 FEET TO THE POINT Of BEGINNING; THENCE 5 69'14'09^ W FOR 132.0 FEET; THENCE 5 31.55'00" W FOR 51.3 FEET' THENCE 5 59100'00" E FOR 111.5 FEET: THENCE N 34.55'00^ E FOR 121.1 FEET TO THE POINT OF BE04NNING, SITUATED IN ('041114* COUNTY, STATE Of WASHINGTON. AREA - 9,650 S.F LOT 19 001/141401640 AT THE NORTH OU *TER CORNER OF SECTION 34, TOWNSHIP 13 NORM. RANGE 480.09, THENCE 5 0.34'01^ W ALONG THE 0.0ST UNE OF THE NORTHWEST 04.1A0TEP, OF 5740 5E071064 34 FOR 259.80 FEE THENCE 5 89.44'09" W 106 574.70 FEET TO THE POINT OF BEGINNING; THENCE N 59"00'00' W FOR 116.0 FEET; THENCE S 31.00100' W FOR 72 0 FEET' THENCE 5 59.00'00" E FOR 116.0 FEET, N 31.00100' E FOR 72.0 FEET TO THE POINT Of BEGINNING. SITUATED M YAKIMA COUNTY, STATE Of WASHINGTON. AREA- 8.350 SF AUDITORS CERTIFICATE 5L4RVEYORS CERTIFICATE FILED FOR RECORD A7 THE RE0I.EST OF WIDE HOLLOW OMLOPTIEN75, LLC.THIS _ DAY AT umU10$ PAST -._14 AN0 REC0f000 UNDER AUDITOR'S FILE NUMBER RECORDS OF YA3(IMA COUNTY. WASHINGTON, DEPUTY AUG10R LOT 20 COMMENCING AT THE NORTH WARIER CORNER OF SECTION 34 TOWNSHIP 13 NORTH, RANGE 16 E.W.M.; THENCE 5 0'34'04" W ALONG THE EAST UNE OF THE 90609 E5T CURRIER Of SAO SECTION 34 FOR 160.80 FEET; THENCE S 59"44'09" w FOR 507,50 FEET TO THE POINT OF BEGINNING; THENCE 5 89"44.09" W FOR 133.3 FEET: THENCE 5 31'00'00" W FOR 40 0 FEET• THENCE S 59"00.00^ E FOR 115.00 FEET; THENCE N 31"00'00^ E FOR 108.7 FEET 70 THE POINT OF BEGINNING. SITUATED 114 YAKIMA COUNTY, STATE OF WASHINGTON. AREA - 6.500 S.F LOT 21 0044MENONG AT THE NORTH QUARTER CORNER OF 500109 34 10WN5141* 13 NORM, RANGE 18 0.0.41' • THENCE S 0"34104- W ALONG THE E451 UNE OF THE NORTHWEST WARIER OF SAD SECTION 34 FOR 21.80 FEET; THENCE 5 B9'44'09" W FOR 226.60 FEET TO THE P01441 OF BEG401140; THENCE 5 89.41'09' W FOR 145 0 FEET; THENCE 5 095'SI" C FOR 80 0 FEET' THENCE N 89.44'09^ E FOR 90.0 FEET; THENCE 5 0'15'51. E FOR 16.0 FEET: THENCE N 89'44'09' E FOR 56.0 FEET' THENCE N 0.15'51' W FOP, 96.0 FEET t0 THE POINT OF BEGINNING. 51TUA7E0 IN YMNIA COUNTY. STATE OF WASH0401014. AREA - 12,576 5.F LOT 22 C0M14CNCINO AT THE NORTH O*AR1ER CORNER Of SECTION 34, TOWNSHIP 13 NORM, RANGE IB E.W.M, THENCE S 0'34'04' W ALONG THE UST 11110 OF THE NORTHWEST OUMTER OF SAO SECTION 34 FOR 44,10 FEET, THENCE 5 89.44'09• W FOR 128.60 EET TO THE POINT OF BEGINNING; THENCE S 89'44'09• W FOR 37.0 FEET: THENCE 14 0'15'51" W FOR 16.0 FEET; THENCE 9 89'14'09" W FOR 37.0 FEET: THENCE S 0'15'51" E FOR 122.5 FEET: THENCE 14 69'14'09^ C fOR 100 FEET; THENCE S 0.15'51• E FOR 16.0 FEET; THENCE N 89'04'09• E FOR 58 0 FEET: THENCE N 0'15'51" W FOR 122.5 FEET TO THE POINT OF REGAINING. 541UA100 04 YAYIMA COUNTY, STATE Of WASHINGTON. AREA - 9.401 5 F 1, JOSEPH A10REOTR PROFESSIONAL LAND SURVEYOR, 00 HEREBY CERTIFY THAT THE BINDING SITE PUN AS 5610W14 45 BASED UPON AN ACTUAL SUR5EY 84 ACCORDANCE WITH 774E THE REWI4EUENTS OF 741E SURVEY RECORDING ACT, 11440 THE 015 14 440 05, COURSES AND A4GfS ARE 5410'414 HEREON CORRECTLY, MO MAT THE 40HIMENTS AND L01 CORNERS HAV0 BEEN SET ON THE GROUND A5 SHOWN HEREON." JOSEPH ANORE011 PI5 5831 DATED Qvom©TTG 61FA� M06UQQEZ YIEV©C CONSULTING ENGINEERS 355 61410 6. 4..0r.. 40*...., 8.4.79141 95902 (509) 453-6761 PRELIMINARY BINDING SITE PLAN SC L: NLA 74.41 M6. 10, 1001 PARCEL No. 181134-21001 00nr14 R4 JAIL VIM 6 OF 6 FOR: WIDE HOLLOW DEVELOPMENT CREEKSIDE WEST MO 3139,a191NGNG CITY OF YAKIMA SUBDIVISION ADMINISTRATOR FINDINGS AND FINAL DECISION July 17, 2007 Consideration of an application for a binding site plan submitted by Wide Hollow Development LLC. UAZO Binding Site Plan #1-07 This is a proposed binding site plan of approximately 20 acres of M-1; Light Industrially zoned property located on Washington Avenue between 40th and 48th Avenues, Yakima Washington. Based upon a physical inspection of the site, comments elicited and received from the applicable public agencies, and after examination of the preliminary binding site plan for compliance with the City of Yakima Subdivision Ordinance, Urban Area Zoning Ordinance, Urban Area Comprehensive Plan and Title 12 Development Standards, the Subdivision Administrator makes the following findings: FINDINGS 1. All proposed lot sizes are in conformance with zoning standards for lot size and width. (YMC Section 5.05.030, Subsections C, D and Table 5-2) 2. All lots either have, or will have, access to city streets via private streets and/or shared access and parking agreement through Tract "A". Washington Avenue is a major arterial street lying immediately to the south. Washington Avenue has 78 feet of right-of-way and is fully built. Both 40th Avenue, a primary arterial street, and 48th Avenue, a collector arterial street, have adequate right-of-way and are fully built. Creation of private streets and construction of interior street improvements proposed within this Binding Site Plan will be created by means of a 60 -foot recorded access and utility easement and construction of curb, gutter, sidewalks and street lights in compliance with Yakima Municipal Code (YMC) § § 14.25.040(B), 12.05.020, 12.06.020 and 21.06.090. 3. All necessary public utilities are available but, not yet fully extended within the area of the binding site plan. There is a 30 inch sewer main in 48th Avenue and the development is served by Nob Hill Water. New public easements will be required for any main extensions. (YMC Section 12.03 and 12.04) 4. Further division of these lots may be accomplished by future binding site plans. (YMC Section 14.35.110) 11 1 1 ITY OF YAKIMA - COOES 0 1 11 1111 11 7582253 Page: 19 of 59 09/21/200? 11:50A AGR $148.00 Yakima Co, WA 5. Portions of the subject property are located within the FEMA 100 year floodplain and Critical Area jurisdiction of the City of Yakima. 6. Subject property is located within the Yakima Airport Overlay Zone. All land uses within this overlay zone are subject additional review procedures as outlined in the Urban Area Zoning Ordinance. (YMC Section 15.03.030.14 and Section 15.09.020 (3) & (5) ) 7. The passage of the Growth Management Act (SSB 2929) in 1990 requires local governments to produce written findings for binding site plans. This is to ensure that appropriate provisions are made for the public health, safety, and general welfare. This binding site plan will not create additional need for schools, parks, playgrounds and recreational facilities; adequate public services are available to the site including potable water, public sewer and public transit. DECISION Based upon the findings presented above, this application (UAZO Binding Site Plan #1- 07) by Wide Hollow Development., is Approved subject to the following conditions. 1. The final binding site plan must be substantially the same, with regards to lot sizes and layout, as the preliminary site plan and must be prepared in conformance with Title 14.35 YMC. 2. All lots within the binding site plan are to be served with public sewer and water. Sewer and water mains will be extended per City Engineering and Nob Hill Water specifications. (YMC § 12.03.010, 12.04.010) 3. Easements for the distribution of public utilities need to be shown on the final binding site plan. An eight foot wide easement shall be provided across the front of each lot created. (YMC Title 12.02) 4. Frontage improvements to the private interior streets within this development shall be installed in conformance with YMC §§ 14.25.040 (B), 12.05.020, 12.06.020 and 12.06.090 Street improvements shall include a minimum of 20 feet of asphalt paving, curb, gutter and a seven foot wide sidewalk. 5. A sixty foot wide access and utility easement shall be dedicated for the alignment of the construction of the proposed interior streets. 6. Street drainage controls shall be installed for the collection, control, and disposal of surface water runoff. Final dispersion shall be as approved by the City Engineer. (YMC Title 12.02.040) 1111 CITY OF YAKIMA - CODES D 1111 7582253 Page: 20 of 59 09x'2112007 11:50A $148.00 Yakima Co, WA 7. Proposed interior streets shall be aligned with and shall bear the names of exiting streets. The north/south streets shall be named S. 41$` and S. 42nd Avenues and the east/west streets shall be named Loren Place and W. King St.. 8. The addresses for Lots #1-4, 12 and 20 are all located on S. 42nd Avenue and are assigned as follows. Lot # 1 - 1707, Lot #2 - 1711, Lot #3 - 1703, Lot #4 - 1715, Lot #12 - 1818 and Lot #20 - 1706. Lots #5-11, 18 and 19 are located on W. King Street and are addressed as: Lot #5 - 4000, Lot #6 - 4006, Lot #7 - 4102, Lot #8 - 4110, Lot #9 - 4200, Lot #10 - 4208, Lot #11 - 4300, Lot #18 - 4209 and Lot #19 - 4201. Lots #13-14 are located on S. 44th Avenue and are addressed Lot #13 - 1819 and Lot #14 1818. Lots #15-16 are located on W. Washington Avenue and are addressed Lot #15 - 4501 and Lot #16 - 4605. Finally, Lots #21-22 are located upon Loren Place and are addressed as Lot #21 - 4105 and Lot #22 4001. All addresses must be clearly shown on the face of the final binding site plan. (RCW § 58.17.280) 9. A note shall be shown on the face of the final binding site plan indicating: "The addresses shown on this binding site plan 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." 10. A note shall be placed upon the face of the final binding site plan stating: "No buildings or structure shall be erected or constructed north of the FEMA 100 -year floodplain boundary/Line of 100 Year Flood Plain or south of the restricted flight zone depicted upon this final binding site plan." 11. Street lights shall be provided at each street intersection and at mid block if over 500 feet. Along arterial and collector streets street lights shall be provided as directed by Traffic Engineering. (YMC Title 12.06.080) 12. Tract "A" of the proposed binding site plan shall be recorded as a shared access and parking agreement for the benefit of Lots 1-20. 13. Any changes in proposed lot configuration shall require an amended binding site plan, short plat, or long plat. Lot line changes will not be permitted by short plat exemption without a conditional requirement for an amended binding site plan. (YMC § 14.35.110) 14. All required improvements shall be made in conformance with design and engineering plans approved by the City Engineer. Said improvements shall be installed, with inspection by the City Engineer, prior to the recording of the final binding site plan. If the applicant desires to record this binding site plan prior to completion of improvements, a security amount can be determined based upon the engineering designs. This security amount will be held for one year or until all 11 11 11 1111 1 1 TY OF YAKIMA - CODES D 1 II 11 1 1 11 7582253 Page: 21 of 59 09/21/2007 11:50A AGR 148.00 Yakima Co, WA necessary improvements are complete. At the end of one year the security deposit will be utilized to install all necessary improvements. 15. A current Plat Certificate, title report, or title policy covering the subject property must accompany the final binding site plan. 16. All development upon and within the boundaries of this binding site plan shall comply with the requirements and conditions of City of Yakima Mitigated Determination of Non -Significance #14-06, Critical Area Ordinance Substantial Development Permit # 3-06 and Class (2) Review #6-07. 17. All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, must be complied with. DATED This 17th day of July 2007. Doug Maples Building Codes & Planning Manager Preliminary approval of this binding site plan is valid for a period of four (4) years from the date of this decision. NOTICE OF RIGHT TO APPEAL This decision shall be final unless appealed within 14 days following the mailing of the final decision. All appeals must be in accordance with Section 14.15.110 of the City of Yakima Subdivision Ordinance. Appeal forms may be obtained from the Department of Community and Economic Development and must be accompanied by the application fee for filing short plat appeals of $505 n h 1111 1 1 1 1 11 TY OF YAKIMR - CODES DI AGR I II 7582253 Page: 22 of 59 09121/2007 11:50A $ 48.00 Yakima Co, WA EXHIBIT "D" 1111111111111111111111111 75822 08/211260753 11S50R CITY OF YRKIMA - CODES DI AGR $148.00 Yakima Co, WA NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) July 2, 2007 On May 25, 2007, the City of Yakima, Washington issued a Amended Notice of Application and Environmental Review regarding an environmental checklist application submitted by Wide Hollow Development This review concerns the environmental review and construction of mixed use commercial office park, as more filly described in the attached Mitigated Determination of Non -Significance The subject property is located in the vicinity of Washington Ave. between 40th and 48th Avenues, Yakima, WA. A full legal descnption of this location can be obtained on request from the City of Yakima Parcel Number(s): 181334-21001 City File Number: UAZO EC #2-06, CAO #3-06, Binding Site Plan #1-07 & Class (2) #6-07 Following the initial 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. For further infoiuiation or assistance, you may wish to contact Jeff Peters, Assistant Planner at (509) 575-6163 at the City Planning Division Doug Maples Planning & Code Administration Manager Notice of Decision Mailing Date• July 2, 2007 Enclosures. SEPA Mitigated Determination of Nonsignificance, Site Plan, Vicinity Map, and Mailing Map IN u 101 1 C TY OF YAKIMA - CODES 0 1 AGR I II 7582253 Page, 24 of 59 09/21/2007 11,50A $ 48.00 Yakima Co, WA WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON July 2, 2007 PROJECT DESCRIPTION: The City of Yakima Department of Community & Economic Development has received an application for the following: 1 Class (2) Zoning Review to permit restaurant, financial institutions, professional and medical office land use classifications within the M-1, Light Industrial designation and Airport Safety Overlay affecting the subject property. 2. Binding Site Plan to subdivide approximately 20 acres of M-1, Light Industrial, zoned property into 22 lots ranging in size form 27,646 to 162,550 square feet. In addition to installation of 29,207 lineal feet of sidewalks and 497,208 lineal feet of private streets. 3 Critical Area Review due to the fact that the proposed development lies within 200 feet of Wide Hollow Creek classified as a Class II Stream and Critical Area of the City of Yakima, and 4 Construction of the following buildings, or any combination of less than the full -build out of all proposed buildings: a. A mixed use building complex consisting of twenty-two buildings ranging rn size as listed in the table below; and Lot Number Total Maximum Building Square Footage 1 5,544 2 15,528 3 5,376 4 7,728 5 8,900 6 13,240 7 11,520 8 11,040 9 9,300 10 18,000 11 6,634 12 7,068 13 6,634 14 21,820 15 13,632 16 14,016 17 11,776 18 9,650 19 8,350 1 11 11 u I0I 1 1 TY Of YRKIMA - CODES D 1 1 11 II I II 7582253 Page: 25 of 59 09/21/200? 11:50A GR $ 48.0 Yakima Co, WA 20 8,500 21 12,576 22 9,401 Total Building Square Footage = 236,233 b A mixed use parking lot exceeding the total amount of required parking of 630 spaces by 716 for a total of 1,346 parking spaces. PROPONENT: Wide Hollow Development LOCATION: Washington Ave. between 40th and 48th Avenues, Yakima, WA. A full legal descnption of this location can be obtained on request from the City of Yakima. PARCEL NUMBER. 181334-21001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER. UAZO EC #2-06, CAO #3-06, Binding Site Plan #1-07 & Class (2) #6-07 DETERMINATION: The City of Yakima, as lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030(2)(c), provided the measures listed below are used to mitigate potential adverse impacts. This SEPA determination is based on the concept of a range of mixed uses in a proposed office park, but only a few such uses have been identified by the proponent at this time. These uses are made subject to a Class (2) Zoning Review described above. Uses not identified as part of the Class (2) Zoning Review are not predicted by the proponent at this time for inclusion in the development, but may be sought in the future depending on development demand. The lead agency acknowledges that the creation of the proposed office park as a binding site plan is likely to lead in the future to the proposal of specific uses other than those sought as Class (2) uses by the proponent at this time. Impacts associated with such future proposed uses may be subject to subsequent SEPA environmental review at a later date when alternatives and impacts associated with such unknown future uses can be more meaningfully evaluated. Phased review is being used under authority of SEPA WAC 197-11-060(5) The information relied upon in reaching this determination is as listed below is available to the pubhc upon request at the City of Yakima Planning Division: 1. Land Profile Inc., Wide Hollow Creek Study — June 1999, 2. Tucker Orvald, State of Washington Archaeological Site Inventory Form April 20, 2007, and 3 SEPA checklists dated March 31, 2006 and May 8, 2007 IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES This Mitigated Determination of Nonsignificance (MDNS) is hereby conditioned upon the following mitigating measures, as authorized under WAC 197-11-660 and Yakima Municipal 2 11 11 1111 1 I I 1111 II 11 11 7582226 o53 PagQ f 59 0912112007 11 50A TY OF YAKIMA - CODES D AGR $148,00 Yakima Co, WA Code YMC 6 88 160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations which provide substantive authonty to require mitigation under the State Environment Policy Act. FINDINGS: A. Air Quality/Dust Control. Because this site is located within the Yakima Urban Growth Area, the trees and other unwanted vegetation identified in the Environmental Checklist for disposal must be removed by some means other than burning on the site or any other site. Contractors doing grading, site preparation, construction, and / or landscaping work on this project must file a dust control plan with the Yakima Regional Clean Air Authority B. Water Quality/Construction Storm Water Pollution Control. The proponent is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90 44.100 RCW Erosion control measures must be in place pnor to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is required for all permitted construction sites and a NPDES stormwater construction permit is required due to the size of the proposed development. C. Storm Water Management: Complete stormwater design plans, specifications and runoff / storage calculations supporting the stoiiuwater design are required pursuant to the Eastern Washington Stoiniwater Manual and the City of Yakima Stormwater Management Guide. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. D. Noise: Dunng project construction, all contractors shall adhere to the City of Yalouia noise regulations regarding hours of construction. These hours are 6 00 am to 10:00 pm Monday thru Friday, and 8 00 am to 10.00 pm weekends and holidays. (YMC Title 6, Public Safety and Morals, Chapter 6 04.180, Public Disturbance Noise) E. Airport Safety Overlay: The project site lies within the M-1, Light Industrial zoning district, which does not specify a maximum building height restriction. However, this site also hes within the City of Yakima's Airport Safety Overlay district, and may have the potential to constitute an airspace hazard based upon the lack of a maximum building height requirement for the M-1 zoning district. Therefore, m accordance with the City of Yakima's Airport Safety Overlay YMC 15.30 070, the Reviewing Official in consultation with the airport manager has determined that the proponent will be required at the time of building plan submittal to submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval. In addition, the proponent will also provide the City of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibihty from the airport manager prior to building plan approval. 3 11 11 1 1 TY OF YAKIMA - CODES 0 1 1111 1111 11 7582253 Page: 27 of 59 09/21/200? 11,5GR AGR $148,06 Yakima Co, WA F. Critical Area Compliance: This project falls within a Cntical Area as defined by the City of Yakima's Comprehensive Plan Critical Area Map and Ordinance 15 27 and is identified as Wide Hollow Creek, which runs through adjacent property within 200 feet of the project site within the City of Yakima. Wide Hollow Creek is classified as a type II Stream, which requires a minimum 100 -foot buffer and 20 foot setback from the ordinary high water mark. Due to its proximity to Wide Hollow Creek this project requires that the proponent obtain a Critical Area Substantial Development Permit for all construction within 200 feet of the Ordinary High Water Mark prior to construction. G. Archaeology & Historic Preservation: Due to the projects site's proximity to Wide Hollow Creek and the potential for possible items of archeological significance, the project site was surveyed by a Washington State Department of Archaeology & Histonc Preservation certified archeologist. As a result several finds were discovered and a State of Washington Archaeological Site Inventory Form has been filed with the Washington State Department of Archaeology & Historic Preservation, and the applicant will be required to retain a certified archeologist to monitor the site during all excavation activities. H. Transportation: Concurrency Review: As required under the Washington State Growth Management Act, prior to approving any new development, the City of Yakima must evaluate the traffic impacts upon Arterial Streets. The City of Yakima adopted the Transportation Capacity Management Ordinance (Yakima Municipal Code 12.06) in 1998 The definition of "capacity" in the Yakima Ordinance is 800 Vehicles Per Travel Lane during PM Peak Hour. All traffic from this new development is assumed to enter the Arterial Street system from South 40th Avenue, 48th Avenue and Washington, and based upon the Institute of Traffic Engineers Tnp Generation Manual, the proposed development is described as a "Business Park" (ITE Land Use 770) which will generate an average of 354 PM Peak Hour Trips per 1,000 square feet of floor area. Therefore, based upon the above PM Peak Hour trip generation, this development is not expected to exceed the PM peak hour capacity of the City Arterial street system and reserve capacity is believed to exist on all impacted streets. However, because this analysis is based on the phased nature of this application, specific concurrency review beyond the general concept of a proposed multi -use business park will be required of individual development projects effective as of the time any such projects are proposed for construction. Traffic mitigation measures, including with respect to concurrency and other mitigation topics, for such individual development projects will be reassessed in light of the features and characteristics of the specific proposal at issue and the existence of system capacity at the actual time of expected construction. 7. Transit: The proposed site lies on Yakima Transit Bus Route #7, and the proposed project has a potential to generate 342.5 pm peak hour trips upon completion. In an effort to reduce the number of pm peak hour trips, the apphcant has agreed and shall be required to provide adequate right-of-way for a City of Yakima bus stop shelter in accordance with the requirements of the City of Yakima Transit Department. Y. Binding Site Plan Requirements- In compliance with the applicant's requested Binding Site Plan Application and in accordance with Yakima Municipal Code Section 14.10 040 the 11 4 11 11 11111 1 TY OF YAKIMA - CODES D AGR 11011 II 7582253 Page: 28 of 59 09/21/2007 11:50R $148.00 Yakima Co, WR ) applicant will be required to enter into a development agreement setting forth the limitations and conditions for the use of the land as established by the City of Yakima. YAKIMA URBAN AREA COMPREHENSIVE PLAN POLICIES Industrial: Mixture of land uses, which provide a range of activities, including construction businesses, manufacturing, transportation, communication and utilities. Goal Ll: Provide ample opportunities for industrial development at locations with suitable access and adequate municipal services. Objective Ll: Industrial development activities should be restricted to areas where it is possible maximize the efficient usage of the municipal services. Objective L2: Respond rapidly to the location and expansion needs of industrial and distribution uses MITIGATION MEASURES 1. All unwanted trees and vegetation must be removed by some means other than burning on the site or at another site. Contractors doing grading, site preparation, construction, and/or landscaping work on this project shall file a dust control plan with the Yakima Regional Clean Air Authority, along with providing the City of Yakima a copy of such plan. 2. The proponent shall contact Department of Ecology Water Resources to ensure legal right to water, and obtain a water rights permit if necessary. This mitigation measure may require re -analysis at meaningful future points m the development of the proposal, depending on the characteristics of specific future phases of construction and site uses at the proposed business park. (Sections 90 03 380 RCW & 90.44 100 RCW) 3. The proponent shall contact the Department of Ecology prior to construction to verify if a Stormwater Pollution Prevention Plan and NPDES permits are required, and shall obtain permits if necessary. The proponent shall provide the City of Yakima a copy of all required permits. 4. The proponent shall submit complete stormwater management design plans, specifications and calculations for the City Engineer's approval prior to construction. (pursuant to the Eastern Washington Stormwater Manual and City of Yakima Stormwater Management Guide) This mitigation measure may require re -analysis at meaningful future points in the development of the proposal, depending on the characteristics of specific future phases of construction and site uses at the proposed business park. 5. The proponent at the time of any building plan submittal shall submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval. In addition, the proponent shall also provide the City of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibility from the airport manager prior to building plan approval. (YMC 15.30 070) 5 N 11 11 1111 1 C TY OF YAKIMA - CODES DI 1 1111 I II 7582253 Page 29 o£ 59 09/2112007 11:50A AGR $148.00 Yakima Co, WR 6 The proponent shall obtain a Critical Area Substantial Development Permit for all construction within 200 feet of the Ordinary High Water Mark of Wide Hollow Creek prior to construction. (YMC 15.27) 7. The applicant shall retain a Washington State Department of Archaeology & Historic Preservation certified archeologist to monitor the site during all excavation activities 8. The applicant shall provide adequate nght-of-way for City of Yakima bus shelter in accordance with the requirements of the City of Yakima Transit Department. 9. During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. (YMC 6.04.180) 10. Traffic unpact mitigation analysis is based on the phased nature of this application, and specific concurrency and mitigation impact analysis beyond the general concept of a proposed multi -use business park will be required of individual development projects effective as of the time any such projects are proposed for construction. Traffic mitigation measures, including with respect to concurrency and other mitigation topics, for such individual development projects will be reassessed in light of the features and charactenstics of the specific proposal at issue and the existence of system capacity at the actual time of expected construcuon. APPEAL PERIOD: This MDNS is issued under WAC 197-11-355. There is no further comment period on the MDNS. You may appeal this determination to the Hearing Examiner. You should be prepared to make specific factual objections. The 14- day appeal period ends at 5:00 p.m. on July 16, 2007. A notice of such appeal must be filed in wnting and delivered to the City of Yakima Department of Community and Economic Development, 129 North 2nd Street, Yakima, WA 98901. Appeal forms may be accompanied by the appeal fee of $505.00. CONTACT PERSON. Contact Jeff Peters, Assistant Planner (509) 576-6163 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575-6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: July 2, 2007 SIGNATURE: 6 11111111111111111111111 7582253 Page 30 of 59 09/21/2807 11:50A CITY OF YAKIMA - CODES DI AGR $148.00 Yakima Co, WA EXHIBIT "E" 11 1111 II 1 C TY OF YAKIMA - CODES D iii 111 111 II 7582253 Page: 31 of 59 09/21/2007 11:50A AGR $ 48,00 Yakima Co, WR City of Yakima, Washington Department of Conununity & Economic Development Administrative Official's Final Findings and Decision July 17, 2007 Class (2) Land Use review for construction of a mixed use) City File Number: Office center totaling 236,233 square feet and 1,346 ) UAZO CL (2) #6-07 parking spaces within the City of Yakima's Airport ) Jeff Peters, Assistant Planner Safety and 100 -year FEMA floodplain overlay zones. In ) (509)575-6163 addition, to allowing the restaurant, financial institution, ) professional and medical office land use classifications ) within the M-1, Light Industrial zoning designation. ) SUMMARY OF DECISION. Staff recommends approval subject to conditions. Based on staff's visit(s) to the site, matters contained in the application, Development Services Team comments, and a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, staff makes the following: FINDINGS APPLICANT. Wide Hollow Development 3801 West Washington Ave. Yakima, WA. 98902 LOCATION. Washington Ave. between 40th and 48th Avenues, Yakima, WA. PARCEL NO(S). 181334-21001 LAND OWNER. City of Yakima REQUEST Class (2) Land Use Review to allow the construction of a mixed use office center totahng 236, 233 square feet and 1,346 parking spaces within the City of Yakima's Airport Safety Overlay and 100 -year FbMA floodplain overlay zones. In addition to, allowing the restaurant, financial institution, professional and medical office land use classifications to be permitted within the M- 1, Light Industrial Zoning District. 111111111111111111111111111111 7582253 Page 32 of 59 0912112997 11 50R CITY OF YAKIMR - CODES DI AGR $148.00 Yakima Co, WA ZONING AND LAND USE The subject property is zoned M-1, Light Industrial and is currently vacant. Zoning North: M-1, Light Industrial South: M-1/CBDS, Light Industrial/ Central Business Distnct Support West: M-1, Light Industrial East: M-1, Light Industnal Land Use Storage Units Vacant Screen Printing Professional Offices COMPREHENSIVE PLAN COMPLIANCE. The Future Land Use Map (Map III -3) designates the subject property as suitable for Industrial uses. Under this designation M-1 Light Industrial zoning is permitted. The Comprehensive Plan encourages industnal development and indicates that industrial zones can provide a wide range of activities, including construction business, manufacturing, transportation & communication and utilities. The Goals, Objectives and Policies of the 1997 Comprehensive Plan include: Goal I1: Provide ample opportunities for industrial development at locations with suitable access and adequate municipal services. Objective Il: Industrial development activities should be restricted to areas where it is possible to maximize services necessary for this type of development. Objective 12 Respond rapidly to the location and expansion needs of industrial and distribution use. URBAN AREA ZONING ORDINANCE Class (2) Permitted Land Use Compatibility The Urban Area Zoning Ordinance (UAZO) indicates that restaurants, financial institutions, professional and medical offices are Class (2) -land uses within the (M-1) Light Industnal zoning district. Class (2) land uses are generally permitted in this particular zoning district. However, the compatibility between a Class (2) use and the surrounding environment cannot be detennined in advance and occasionally Class (2) uses may be considered incompatible at a particular location. Therefore, Class (2) Review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives and development cntena of the Yakima Urban Area Comprehensive Plan. The administrative official may approve, deny or impose conditions on the proposed use and site development (YMC 15.04,020). Airport Safety Overlay YMC §15.30 2 11 N V 1111 1 1 1 1 11 1 TY OF YAKIMA - CODES D AGR 11 1 11 7582253 Page: 33 of 59 09/21/2007 11:50A $ 48.00 Yakima Co, WR Yakima Municipal Code (YMC) §15 30.040(A) of the UAZO states "uses listed as Class (1) uses within the underlying zoning district shall be subject to the height restrictions listed in Sections 15.30 070 or YMC chapter 15 05, Table 5-1, which ever is the more restrictive. No separate application for a Class (1) use in the airport overlay is required, provided the Reviewing Official can conclusively detenrune that the proposed structure or use: 1. Does not constitute a potentially incompatible land use, and 2. Will not exceed 35 feet in height; or, if greater than 35 feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR. Part 77; and 3. Is not within a designated runway protection are or an identified future 65 DNL aircraft noise impacted area within the airport master plan or the FAA approved airport layout plan. Such structures and uses shall in any case be subject to the limitations of Section 15.30.070 and to the recording of an avigation easement." In addition, YMC §15 03 040 (B) states Class (1) uses shall be subject to Class (2) application and review procedures pursuant to the Airport Safety Overlay, where the use is a potentially incompatible land use, or where the reviewing official cannot make a conclusive determination (UAZO Section 15.30.060). In response to YMC §15.30.040(A) (1) above, the Yaluma Air Terminal's Airport Manager has in essence determined that the uses submitted for approval with this application do not constitute a potentially incompatible land use. The Yakima Air Terminal Manager has stated that "the airport staff and Airport Board support this proposed development. This property is located within the boundaries of the Airport Safety Overlay (ASO) and shall meet all requirements of Federal Aviation Administration (if any), the Yakima Air Terminal and the City of Yakima. All structures will comply with the set -back and height requirements as not to penetrate the honzontal surfaces of Part 77 of the FAA regulations" and "staff finds no further conflict to the airport with this application and review." Conversely, based upon YMC §§ 15.30.040(A) (2), 15.03.040 (B) above, and the fact that the project site lies within the M-1, Light Industrial zoning district and Airport Safety Overlay District. The Reviewing Official has found that, due to the lack of a maximum building height requirement for the M-1, Light Industnal zoning distnct that it cannot be conclusively determined that the structures both future and present proposed within this development will not exceed or penetrate the approach, transitional, honzontal, or conical surfaces of the Airport Safety Overlay. Therefore, in accordance with the City of Yakima's Airport Safety Overlay YMC §§15.30.070 and 15 03.040 (B), the Reviewing Official in consultation with the airport manager has determined that the proponent will be required at the time of building plan submittal to submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval and all Class (1) uses shall be subject to Class (2) application and review. In addition, the proponent will also provide the City 3 11111111113111111/1111/111111/111 7582253 Page 34 of 59 Y CITY OF YRKIMA - CODES DI AGR $148.00 Yakima maCo, WA 50R of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibility from the airport manager prior to building plan approval. Floodplain Overly District YMC §15.09 YMC § 15.09.020 (6) states "All development in the Floodplain Overlay Distract shall conform to the requirements and standards of the underlying zoning district and the flood damage prevention ordinance adopted by the County/City. Development within shorelines jurisdiction or the floodplain shall also be consistent with the County or City shorelines master program and/or the flood damage prevention ordinance. The City of Yakima's Flood Damage Prevention Ordinance § 11.58 addresses the construction/development of structures within the FEMA 100 -year floodplain. This proposal for the construction of a mixed use office center does not include construction of any structures within the designated FEMA 100 -year floodplain or shoreline jurisdiction. Therefore, this application is in compliance with the provisions of the City of Yakima's Flood Damage Prevention Ordinance and YMC § 15.09.020 (6). Site Design and Improvement Standards The Yakima Urban Area Zoning Ordinance § 15.05.010 establishes basic development requirements as minimum critena, which must be met to assure land use compatibility and promote the public health, safety and general welfare. The following is an overview of the proposal's compliance with the aforementioned development standards: Setbacks: This development lies within the M-1, Light Industrial zoning district and currently there are no existing or proposed buildings. Therefore, upon further development of each individual lot of record each building shall comply with the setbacks as required by the UAZO (Table 5-1) for the M-1 zoning district. Parking: Based upon the concept of a mixed use office center totaling 236,233 square feet, this development would require 630 parking spaces. The developer in excess of the required standard has provided 716 parking spaces. Signage: No signs have been proposed as a part of this application. All signage must comply with YMC § 15 08 and the standards of the M-1, Light Industnal zoning distnct. Site -screening: The Yakima Urban Area Zoning Ordinance § 15.07 establishes site screening standards to provide a visual buffer between uses of different intensity, streets and structures, to reduce erosion and storm water runoff, protect property values and eliminate potential land use conflicts by uutigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, building or parking areas. After review of Table 7-1 of the UAZO, it has been determined that no site screening will need to be provided. Public facilities: Both City of Yakima Water and Sewer are available to serve the proposed site. DESIGN SERVICES TEAM (DST) 4 110111 1111101111111 111111111110111 7582253 Page : 35 of 59 CITY OF YAKIMA - CODES DI AGR $148.00 Yakima Co, WA'50A A Design Services Team meeting was conducted on December 17, 2003 to discuss the technical aspects of this request. The following is a summary of the comments received by DST members. ENGINEERING DIVISION: Title 12 Development Standards will apply to this development. A sewer extension is required to serve this site and on site drainage is required. In addition, full frontage improvements are required on Washington, 40th, 48th Avenues and all intenor streets will be constructed to City of Yakima Title 12 Development Standards. TRAFFIC ENGINEERING. The proposed 22 -acre development indicates possible construction of 265.500 square feet of floor area with 1,620 parking spaces and internal private streets. The following comments are preliminary in nature and may be subject to modification as additional information becomes available. 1. The general use of these structures descnbed in the SEPA checklist includes office, light manufacturing and commercial, with references to M-1, B-1 and B-2 uses. Based upon the Institute of Traffic Engineers Trip Generation Manual, the proposed development may be described as a "Business Park" (Ifh Land Use 770) that is expected to generate an average of 1.29 PM Peak Hour Tnps per 1,000 square feet of floor area. Given this general classification, the proposed development may generate 342.5 PM Peak Hour vehicle trips. 2. The SEPA checklist Part 14, Transportation does not provide any information regarding trip generation, traffic impacts or possible measures to control or mitigate such impacts. The following information is necessary in order to evaluate the proposed development: a. General statement of expected trip generation, including 24-hour and weekday PM Peak hour for build -out conditions, b. The proposed development indicates two private street intersections onto South 40th Avenue. At this time, South 40th Avenue is a Principal Arterial that carries less than 10,000 Average Daily Vehicle Trips. This portion of South 40th Avenue does not have a center left turn lane, or dedicated left turn lanes into Creekside Business Park. c. This development proposes one intersection on 48`h Avenue between Washington Avenue and Nob Hill Blvd and four intersections onto Washington Avenue. The frontage of both Washington Avenue and 48th Avenue was improved in 2005 by the City of Yakima street lighting, curb, gutter and sidewalks. Washington Avenue also was improved with a center left turn lane. d. Yakima Transit recommends installation of a bus turn -out on South 40th Avenue and would provide a standard bus shelter with a bench. This transit improvement could reduce the total PM peak hour vehicle trip impact of the new development, by encouraging use of transit. 3. Mitigation may be Required. Based upon the findings of this additional traffic information requested, the proposed development may be required to dedicate nght of way for possible future construction of a center left turn lanes on 40th Avenue and on 48th Avenue. In addition, the project may be required to provide a Pro Rata Share Contribution for the reconstruction of 48th Avenue (amount to be determined). 5 II 111111 INM 1 1 C TY OF YAKIMA - CODES D 1 1 II 1 1 II 11 72253 Pa58ge 38 of 59 09121/2007 11:59A AGR $ 48.00 Yakima Co, WA 4 Concurrency Analysis Required. The proposed development is subject to review under the Transportation Concurrency Ordinance. This review will be conducted at the time of the SEPA review and may be incorporated into the traffic study. Note: The above Traffic Engineering comments were elicited prior to Traffic Concurrency being completed for this project. TRANSIT. ..Yakima Transit requests "at the very least a bus turn out lane should be added to the plans on the west side of South 40th Ave..." WASTEWATER: Connection charges apply and the installation of sampling ports (manholes) on all buildings is strongly recommended. CODES DIVISION: Plan review and permits are required pnor to construction for each individual building. YAKIMA AIR TERMINAL: " .The airport staff and Airport Board support this proposed development. This property is located within the boundaries of the Airport Safety Overlay (ASO) and shall meet all requirements of Federal Aviation Administration (if any), the Yakima Air Terminal and the City of Yakima. All structures will comply with the set -back and height requirements as not to penetrate the horizontal surfaces of Part 77 of the FAA regulations. The staff finds no further conflict to the airport with this application and review." TRANSPORTATION CAPACITY MANAGEMENT ORDINANCE This application has been reviewed and approved for consistency with YMC 12 08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Artenal street system and reserve capacity exists on all impacted streets. ENVIRONMENTAL REVIEW. On July 2, 2007 following the twenty -day public comment period, a Mitigated Determination of Nonsignificance (MDNS) was issued by the City of Yakima for this proposal. No appeals were filed within the fourteen -day appeal period following the issuance of the MDNS. The MDNS was conditioned upon the following information and mitigating measures: 1. All unwanted trees and vegetation must be removed by some means other than burning on the site or at another site Contractors doing grading, site preparation, construction, and/or landscaping work on this project shall file a dust control plan with the Yakima Regional Clean Air Authonty, along with providing the City of Yakima a copy of such plan. 6 IIII AI I IIII III 1 1 II 1 11 1 11 7582253 Page: 37 of 59 0912112007 11:50A AGR $148.00 Yakima Co, WA 2 The proponent shall contact Department of Ecology Water Resources to ensure legal nght to water, and obtain a water nghts permit if necessary. This mitigation measure may require re -analysis at meaningful future points in the development of the proposal, depending on the characteristics of specific future phases of construction and site uses at the proposed business park. (Sections 90 03.380 RCW & 90.44.100 RCW) 3. The proponent shall contact the Department of Ecology prior to construction to verify if a Stormwater Pollution Prevention Plan and NPDES permits are required, and shall obtain permits if necessary. The proponent shall provide the City of Yakima a copy of all required permits. 4. The proponent shall submit complete stormwater management design plans, specifications and calculations for the City Engineer's approval pnor to construction. (pursuant to the Eastern Washington Stormwater Manual and City of Yakima Stormwater Management Guide) This mitigation measure may require re -analysis at meaningful future points in the development of the proposal, depending on the charactenstics of specific future phases of construction and site uses at the proposed business park. 5. The proponent at the time of any building plan submittal shall submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval. In addition, the proponent shall also provide the City of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibility from the airport manager prior to building plan approval (YMC 15.30.070) 6. The proponent shall obtain a Critical Area Substantial Development Permit for all construction within 200 feet of the Ordinary High Water Mark of Wide Hollow Creek prior to construction. (YMC 15.27) 7. The applicant shall retain a Washington State Department of Archaeology & Histonc Preservation certified archeologist to monitor the site during all excavation activities. 8. The applicant shall provide adequate right-of-way for City of Yakima bus shelter in accordance with the requirements of the City of Yakima Transit Department. 9. During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. (YMC 6.04.180) 10 Traffic impact mitigation analysis is based on the phased nature of this application, and specific concurrency and mitigation impact analysis beyond the general concept of a proposed multi -use business park will be required of individual development projects effective as of the time any such projects are proposed for construction. Traffic mitigation measures, including with respect to concurrency and other mitigation topics, for such individual development projects will be reassessed in light of the features and 7 11 11 11 IIIIi 1 1 ITY OF YAKIMR - CODES D 1 1 1 111 II 7582253 Page: 38 of 59 09/21/2007 11:50A AGR $148.00 Yakima Co, WA charactenstics of the specific proposal at issue and the existence of system capacity at the actual time of expected construction. PUBLIC NOTICE Wide Hollow Development's amended application was received on May 8, 2007. On May 25, 2007 a Notice of Application was sent to all property owners within 500 feet of the subject property. This Notice provided for a 20 -day comment period, which ended on June 14, 2007. CONCLUSIONS 1. The proposed use does not conflict with the goals and objectives of The Yakima Urban Area Comprehensive Plan. 2. No unmitigated adverse impacts have been identified in sighting the proposed mixed use office center at this location. 3. The project site is located on property within the M-1, Light Industrial Zoning District, which is affected by the City of Yakima's Airport Safety Overlay and FEMA 100 -year floodplain, in addition to Critical Areas associated with Wide Hollow Creek, a Type -II Stream, protected by the City of Yakima's Critical Area Ordinance (YMC§ 15.27). The proposed development can be deemed to be substantially in compliance with the above overlays and ordinances in concurrence with the conditions of this permit. 4. The application has undergone environmental review and all foreseeable impacts have been identified and mitigated for as required by the State Environmental Policy Act underlined in WAC 197-11-800(27). 5. Due to this site being located within the Yakima Urban Growth Area, the trees and other unwanted vegetation identified in the Environmental Checklist for disposal must be removed by some means other than burning on the site or any other site. Contractors doing grading, site preparation, construction, and / or landscaping work on this project must file a dust control plan with the Yakima Regional Clean Air Authority. 6 The proponent is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or penod of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. Erosion control measures must be in place pnor to any cleanng, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is required for all permitted construction sites and a NPDES stormwater construction permit is required due to the size of the proposed development. 7. Complete stormwater design plans, specifications and runoff / storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and the City of Yakima Stormwater Management Guide. These 8 11 11 hill 1 1 TY OF YAKIMA - CODES 0 II 1111 11 11 7582253 Page: 39 of 59 09/221/200? 11:50A AR $148.00 Yakima Co, WR plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. 8. Dunng project construction, all contractors are required to adhere to the City of Yakima's noise regulations regarding hours of construction. These hours are 6.00 am to 10.00 pm Monday thru Friday, and 8.00 am to 10 00 pm weekends and holidays. (YMC Title 6, Public Safety and Morals, Chapter 6.04.180, Public Disturbance Noise) 9. This project falls within a Critical Area as defined by the City of Yakima's Comprehensive Plan Cntical Area Map and Ordinance 15.27 and is identified as Wide Hollow Creek, which runs through adjacent property within 200 feet of the project site within the City of Yakima. Wide Hollow Creek is classified as a type 11 Stream, which requires a minimum 100 -foot buffer and 20 foot setback from the ordinary high water mark. Due to its proximity to Wide Hollow Creek this project requires that the proponent obtain a Cntical Area Substantial Development Permit for all construction within 200 feet of the Ordinary High Water Mark pnor to construction. 10. Due to the project site's proximity to Wide Hollow Creek and the potential for possible items of archeological significance, the project site was surveyed by a Washington State Department of Archaeology & Historic Preservation certified archeologist. As a result several finds were discovered and a State of Washington Archaeological Site Inventory Form has been filed with the Washington State Department of Archaeology & Histonc Preservation, and the applicant will be required to retain a certified archeologist to monitor the site during all excavation activities. 11 As required under the Washington State Growth Management Act, prior to approving any new development, the City of Yakima must evaluate the traffic impacts upon Arterial Streets. The City of Yakima adopted the Transportation Capacity Management Ordinance (Yakima Municipal Code 12.06) in 1998. The definition of "capacity" in the Yakima Ordinance is 800 Vehicles Per Travel Lane during PM Peak Hour. All traffic from this new development is assumed to enter the Arterial Street system from South 40th Avenue, 48th Avenue and Washington, and based upon the Institute of Traffic Engineers Trip Generation Manual, the proposed development is described as a "Business Park" (ITE Land Use 770) which will generate an average of 354 PM Peak Hour Trips per 1,000 square feet of floor area. Therefore, based upon the above PM Peak Hour trip generation, this development is not expected to exceed the PM peak hour capacity of the City Arterial street system and reserve capacity is believed to exist on all impacted streets. However, because this analysis is based on the phased nature of this application, specific concurrency review beyond the general concept of a proposed multi -use business park will be required of individual development projects effective as of the time any such projects are proposed for construction. Traffic mitigation measures, including with respect to concurrency and other mitigation topics, for such individual development projects will be reassessed in light of the features and characteristics of the specific proposal at issue and the existence of system capacity at the actual time of expected construction. 9 1111 CITY OF YAKIMA - CODES D 11 11 11 II 11 111 7582253 Page: 40 0£ 59 09/21/2007 11:5GA RGR $148.00 Yakima Co, WA 12. The proposed site lies on Yakima Transit Bus Route #7, and the proposed project has a potential to generate 342 5 pm peak hour trips upon completion. In an effort to reduce the number of pm peak hour trips, the applicant has agreed and shall be required to provide adequate right-of-way for a City of Yakima bus stop shelter in accordance with the requirements of the City of Yakima Transit Department. 13. The proposed site plan demonstrates that site design requirements for lot coverage, off- street parking and building setbacks of the Urban Area Zoning Ordinance chapter 15 05 will be met upon construction. 14 In accordance with the City of Yakima's Airport Safety Overlay YMC §§15.30.070 and 15.03 040 (B), the Reviewing Official in consultation with the airport manager has determined that the proponent will be required at the time of building plan submittal to submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval. In addition all Class (1) uses shall be subject to Class (2) application and review and the proponent will also provide the City of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibility from the airport manager pnor to building plan approval. 15. Dunng project review it has been determined that this request is in compliance with YMC 16.06.020(B) for making a Determination of Consistency as follows: a) The density of the development is not a factor with this application. b) Public facilities are, and will be available to serve this site upon development. c) The proposal is consistent with development standards of YMC §§ 15.30 and 15.09 of the zoning ordinance. DECISION The Zoning Administrator approves this Class (2) application for a mixed use office center totaling 236, 233 square feet and 1, 346 parking spaces subject to the following conditions: 1. All unwanted trees and vegetation must be removed by some means other than burning on the site or at another site. Contractors doing grading, site preparation, construction, and/or landscaping work on this project shall file a dust control plan with the Yakima Regional Clean Air Authonty, along with providing the City of Yakima a copy of such plan. 2 The proponent shall contact Department of Ecology Water Resources to ensure legal nght to water, and obtain a water nghts permit if necessary This mitigation measure may require re -analysis at meaningful future points in the development of the proposal, depending on the characteristics of specific future phases of construction and site uses at the proposed business park. (Sections 90.03 380 RCW & 90.44.100 RCW) 10 11 11 1111 1 1 1 NII 1 C TY OF YRKIMA - CODES D AGR 1 7582253 Page: 41 of 59 08/21/2007 11:50A $148.00 Yakima Co, WA 3. The proponent shall contact the Department of Ecology prior to construction to verify if a Stormwater Pollution Prevention Plan and NPDES permits are required, and shall obtain permits if necessary. The proponent shall provide the City of Yakima a copy of all required permits. 4. The proponent shall submit complete stormwater management design plans, specifications and calculations for the City Engineer's approval prior to construction. (pursuant to the Eastern Washington Stonnwater Manual and City of Yakima Stormwater Management Guide) This mitigation measure may require re -analysis at meaningful future points in the development of the proposal, depending on the characteristics of specific future phases of construction and site uses at the proposed business park. 5. The proponent at the time of any building plan submittal shall submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval. In addition, the proponent shall also provide the City of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibility from the airport manager pnor to building plan approval. (YMC 15.30.070) 6. The proponent shall obtain a Critical Area Substantial Development Permit for all construction within 200 feet of the Ordinary High Water Mark of Wide Hollow Creek prior to construction. (YMC 15.27) 7. The applicant shall retain a Washington State Department of Archaeology & Historic Preservation certified archeologist to monitor the site during all excavation activities. 8. The applicant shall provide adequate right-of-way for City of Yakima bus shelter in accordance with the requirements of the City of Yakima Transit Department. 9 During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. (YMC 6.04.180) 10. Traffic impact mitigation analysis is based on the phased nature of this application, and specific concurrency and mitigation impact analysis beyond the general concept of a proposed multi -use business park will be required of individual development projects effective as of the time any such projects are proposed for construction. Traffic mitigation measures, including with respect to concurrency and other mitigation topics, for such individual development projects will be reassessed in light of the features and characteristics of the specific proposal at issue and the existence of system capacity at the actual time of expected construction. 11. No structure shall exceed the required 120 -foot setback hne in any circumstance unless approved by the City of Yakima Planning Department under Chapter 15.27 of the Yakima Municipal Code. 12. Any other state or local governmental permits not herein mention or required must be complied with in their entirety. 13. The applicant shall submit a separate final site plan for each individual building prior to issuance of a Certificate of Zoning Review for this application. 11 1 II 11 11 1111 1 1 C TY OF YAKIMR - CODES 0 1 1 II 1 11 1 11 7582253 Page: 42 of 59 09121/2007 11:50A AGR $148.00 Yakima Co, WA DATED This 17th day July 2007 1 Doug Maples, Zohung Adrrhnistrator This decision entitles the applicant to a Certificate of Zoning Review, which is valid for one year from the date of issuance of the certificate. The Certificate may be extended one time only for up to one additional year by the applicant pnor to the termination date, all as set forth in YMC 15.12.060 NOTICE OF RIGHT TO APPEAL This decision shall be final unless appealed in accordance with YMC 15.16.030. Appeal forms may be obtained from the Department of Community and Economic Development and must be accompanied by the application fee of $505.00. 12 11 11 11 11111 1 1 TY OF YAKIMR - CODES D 1 1 11 1111 758225 3 Page 43 of 59 09/21/2007 1150A AGR 48,0 Yakima Co, WA EXHIBIT "F" liptipilitutupi P 98225 0£ 59 09/21/2007 11,50A CITY OF YAKIMA - CODES 0 AGR $148.00 Yakima Co, WR City of Yakima, Washington Critical Area Development Permit July 17, 2007 Application by Wide Hollow Development For a Critical Area Development Permit for the construction of 22 buildings totaling 236,233 square feet and 1,346 parking spaces upon property containing Critical Areas associated with Wide Hollow Creek. UAZO CAO #3-06 Jeff Peters Assistant Planner (509) 575-6163 Parcel No. 181334-21001 Wide Hollow Development submitted an amended Joint Aquatic Resources Permit Application and Class (2) Review on May 8, 2007 for the construction of 22 buildings within the Airport Safety Overlay, FNMA 100 -year floodplain, and Critical Areas associated with Wide Hollow Creek. Although the proposed land use is considered to be a Class (1) permitted use in this particular zoning district, a Critical Area Substantial Development Permit and Class (2) review are required because: 1) a portion of the subject property lies within the FEMA 100 -year floodplain of Wide Hollow Creek requiring compliance with the City of Yaldma's Floodplain Prevention Ordinance, 2) a portion of this property is considered a Critical Area of the City of Yakima requiring compliance with Chapter 15.27, Critical Areas, and 3) the proposed development lies within the Airport Safety Overlay requiring airport compatibility. Written notification was sent to surrounding property owners on May 25, 2007. Based upon a preliminary site inspection, information supplied by the applicant in the CAO and Class (2) Review application, a review of the City of Yakima's Cntical Area Ordinance and other pertinent environmental documents, the administrator makes the following findings. FINDINGS OF FACT Project Description 1 Construction of a mixed use building complex which includes 22 buildings totaling 236,233 square feet and 1,346 parkmg spaces upon property containing critical areas associated with Wide Hollow Creek a Class If Stream as identified by the City of Yakima's Critical Area Ordmance, Yakima Municipal Code(YMC) § 15.27 2. The construction of all building within the mixed use building complex will take place outside of the combined stream and wetland buffers, as well as the FEMA 100 -year floodplain. Relationship to Critical Area 3. Wide Hollow Creek m this location is a Class If stream, which predominantly flows from northwest to southeast. The stream through the project area contains almost exclusively step pool habitat with limited nffle-run complexes. The substrate is composed of silt loam anywhere from six inches to two feet in some areas. Riparian vegetation along the stream corridor is predominantly composed of willows, a few Cottonwood Trees with an under story sporting a wide variety of forbs and grasses and some occasional small shrub like areas. The most abundant forbs were White Clover, Stinging Nettle, Burdock, Wild Cucumber, Catnip, Common Mallow, Chicory, and Lambs Quarter. The shrubby species were Golden Current and one observed Hawthorne. 1 iu 1 1 C TY OF YAKIMA - CODES 0 1 1 1 1 1 IM 7582253 Page: 45 of 59 09/21/2907 11:50A AGR $ 48.00 Yakima Co, WA jurisdiction and Process 4 The City of Yakima's CAO requires a structural setback and vegetative buffer of undisturbed soil and native vegetation for streams and wetlands, based upon their official classification. This proposal is located well outside the vegetative buffer of Wide Hollow Creek, which is designated as a Critical Area of the City of Yakima Wide Hollow Creek a Type —II stream YMC § 15.27.421, provides for a combined 120 -foot vegetative buffer and structural setback from the stream bank and any delineated wetlands. The proposed project currently does not include any associated wetlands outside of the ordinary high water mark and all development will take place outside of all buffer and setback areas. 5 Due to a portion of the subject property lying within the FFMA 100 -year floodplain of Wide Hollow Creek the City of Yakima's Flood Prevention Ordinance required that all development with the FEMA 100 -year floodplain under go a Class (2) Review and meet the standards of YMC § 11.58.150. As the structures for this project are located outside the 100 -year floodplain this development is deemed to be in compliance with the provisions of the City of Yakima's Flood Damage Prevention Ordinance. 6. In relation to the City of Yakima's An -port Safety Overlay, the Urban Area Zoning Ordinance (UAZO) states under YMC § 15.30.040 (B). "Class (1) uses shall be subject to Class (2) application and review procedures pursuant to Section 15.30.060 where the use is a potential incompatible land use, or where the Reviewing Official cannot make a conclusive determination as required in subsection (1)." YMC § 15.30.070 Height limitations and additional requirements (A.) (2) states "However, structures thirty-five (35) feet or more in height may penetrate the imaginary surfaces when the Reviewing Official, in consultation with Washington State Department of Transportation (WSDOT) Aviation Division or the airport manager, can determine that the structure is not likely to constitute an airspace hazard." 7. Due to the fact that this project requires approval under four separate chapters of the Yakima Municipal Code, the request for a Class (2) Review in section six above will be processed separately from this permit. Provided this project meets the conditions specified within the decisions of EC# 14-06, Class (2) #6-07 and Bindmg Site Plan #1-07, this project may not constitute an "airspace hazard". Critical Area Ordinance Development Requirements 8. The City of Yakima's Critical Areas Ordinance, Chapter 15.27, provides nine statements of purpose, listed below, with which development within critical areas must comply: 1. Implement the Yakima Urban Area Comprehensive Plan, Natural Environment Element and associated policies; 2. Further the public's interest in the conservation and wise use of our lands; 3. Preclude land uses and developments that are incompatible with critical areas; 4. Protect unique, fragile and valuable elements of the environment including wildlife and its habitat; 5. Mitigate unavoidable impacts to environmentally critical areas by regulating alteration in and adjacent to critical areas; 6 Prevent cumulative adverse environmental impacts to water availability, water quality, wetlands and streams, 7. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in hazard areas; 8. Help maintain a stable tax base by providing for the sound use and development of areas of special hazard so as to minimize future blight areas, and; 2 11 1111 1 1 C TY OF YAKIMA - CODES D 1 11 I II 7582253 Page: 46 of 59 09/21/2007 11:50R $148.00 Yakima Co, WA 9. Ensure that those who occupy the areas of special hazard assume responsibility for their actions. Staff Response: This project can be deemed to be in compliance with the nine intent statements listed above and, generally, with City of Yakima's CAO, Flood Damage Prevention Ordinance, and Aiiport Safety Overlay The applicant has provided the City with evidence that they have sufficiently studied the possible alternatives for this project, and selected the alternative that minimizes project impacts by building outside of the identified critical area buffer This level of conformity thereby compiles with the City of Yakima's Comprehensive Plan Natural Environment goals, furthers the public's interest in conservation of natural lands, precludes land uses and development that are incompatible with critical areas and protects unique and valuable elements of the environment. Comprehensive Plan and Policies. 9. The City of Yakima's Comprehensive Plan includes a number of policies, objectives and goals to guide development within the natural environment. Below are the policies that pertain to this application. Goal El. Respect the Natural Environment. Objective E1: Encourage development in areas with few environmental hazards to minimize the loss of natural resources due to urbanization. Objective E4: Preserve and maintain diverse wildhfe resources. Objective E5. Provide for protection of significant wetlands. Objective E7: Ensure development compatibility within the floodplain and frequently flooded areas Objective E9. Promote environmental awareness through civic responsibility and education. Staff Response: This development lies outside all critical area buffers and setback and in addition all buildings lie outside of the FEMA 100 -year floodplain and therefore, can be deemed to be in compliance with the goals, objectives and policies of the City of Yakima's Comprehensive Plan thereby preserving the natural environment and furthering the goals of the Comprehensive Plan. State Environmental Policy Act (SEPA) 10. This application has undergone environmental review since it was not categorically exempt from the environmental review process underlined in WAC § 197-11-800. The City of Yakima issued a Mitigated Determination of Non -Significance for this review on July 2, 2007. The required 14 - day appeal for this review lapsed on July 16, 2007 with no appeals filed. (WAC § 197-11-350) Notice and Comment 11. Written notification to adjacent property owners within a five hundred foot radius of the subject property and legal notification in the newspaper was provided for on May 25, 2007. CONCLUSIONS 1. The project site is located on property, which is affected by the City of Yakima's Airport Safety Overlay and FEMA 100 -year floodplain, in addition to Critical Areas associated with Wide Hollow Creek, a Type -II Stream, protected by the City of Yakima's Critical Area Ordinance (YMC Ch.15.27) The proposed development can be deemed to be substantially in compliance with the above overlays and ordinances in concurrence with the conditions of this permit. 3 • 11111111111 7582253 of 59 09/21/2007 11 50R CITY OF YAKIMA - CODES DI AGR $148,00 Yakima Co, WA 2. The construction of any structure, commercial or residential in nature that lies within a critical area and FEMA 100 -year floodplain requires a Critical Area Development Permit and administrative Class (2) Review 3 The Administrator finds that the proposed development is consistent with the nine intent statements of the City of Yakima's Critical Area Ordinance. (YMC Ch. 15.27) 4 The application has undergone environmental review and all foreseeable impacts have been identified and mitigated for as required by the State Environmental Policy Act underlined in WAC § 197-11-800(27). 5 The proposed project can be deemed to be substantially in compliance with the goals, objectives and policies of the City of Yakima's Comprehensive Plan as outlined above. 6. Due to this site being located within the Yakima Urban Growth Area, the trees and other unwanted vegetation identified in the Environmental Checklist for disposal must be removed by some means other than burning on the site or any other site. Contractors doing grading, site preparation, construction, and / or landscaping work on this project must file a dust control plan with the Yakima Regional Clean Air Authority. 7 The proponent is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to RCW §§ 90 03.380 and 90.44.100. Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is required for all permitted construction sites and a NPDES stormwater construction permit is required due to the size of the proposed development. 8. Complete stormwater design plans, specifications and runoff / storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and the City of Yakima Stormwater Management Guide. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. 9. During project construction, all contractors are required to adhere to the City of Yakima's noise regulations regarding hours of construction. These hours are 6:00 am to 10.00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. (YMC Title 6, Public Safety and Morals, Chapter 6.04.180, Public Disturbance Noise) 10. The project site lies within the M-1, Light Industrial zoning district, which does not specify a maximum building height restriction. However, this site also lies within the City of Yakima's Airport Safety Overlay district, and may have the potential to constitute an airspace hazard based upon the lack of a maximum building height requirement for the M-1 zoning district. Therefore, in accordance with the City of Yakima's Airport Safety Overlay (YMC § 15.30 070), the Reviewing Official in consultation with the airport manager has determined that the proponent will be required at the time of building plan submittal to submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval. In addition, the proponent will also provide the City of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibility from the airport manager prior to building plan approval. 11 This project falls within a Critical Area as defined by the City of Yakima's Comprehensive Plan Critical Area Map and YMC Ch. 15.27 and is identified as Wide Hollow Creek, which runs 4 11 11 IIIIl 1 I I 1 1 11 C TY OF YAKIMA - CODES D AGR 1 II 7582253 Page: 48 of 59 09/21/2007 11:50A $148.00 Yakima Co, WR through adjacent property within 200 feet of the project site within the City of Yakima Wide Hollow Creek is classified as a type II Stream, which requires a minimum 100 -foot buffer and 20 foot setback from the ordinary high water mark. Due to its proximity to Wide Hollow Creek this project requires that the proponent obtain a Critical Area Substantial Development Permit for all construction within 200 feet of the Ordinary High Water Mark prior to construction. 12. Due to the project site's proximity to Wide Hollow Creek and the potential for possible items of archeological significance, the project site was surveyed by a Washington State Department of Archaeology & Historic Preservation certified archeologist. As a result several finds were discovered and a State of Washington Archaeological Site Inventory Form has been filed with the Washington State Department of Archaeology & Historic Preservation, and the applicant will be required to retain a certified archeologist to monitor the site dunng all excavation activities. 13 As required under the Washington State Growth Management Act, prior to approving any new development, the City of Yakima must evaluate the traffic impacts upon Arterial Streets. The City of Yakima adopted the Transportation Capacity Management Ordinance (Yakima Municipal Code 12.06) in 1998. The definition of "capacity" m the Yakima Ordinance is 800 Vehicles Per Travel Lane during PM Peak Hour. All traffic from this new development is assumed to enter the Arterial Street system from South 40th Avenue, 48th Avenue, and Washington, and based upon the Institute of Traffic Engineers Trip Generation Manual, the proposed development is described as a "Business Park" (ITE Land Use, 770) which will generate an average of 354 PM Peak Hour Tnps per 1,000 square feet of floor area. Therefore, based upon the above PM Peak Hour trip generation, this development is not expected to exceed the PM peak hour capacity of the City Arterial street system and reserve capacity is believed to exist on all impacted streets. However, because this analysis is based on the phased nature of this application, specific concurrency review beyond the general' concept of a proposed multi -use business park will be required of individual development projects effective as of the time any such projects are proposed for construction. Traffic mitigation measures, including with respect to concurrency and other mitigation topics, for such individual development projects will be reassessed in light of the features and characteristics of the specific proposal at issue and the existence of system capacity at the actual time of expected construction. 14. The proposed site lies on Yakima Transit Bus Route #7, and the proposed project has a potential to generate 342.5 PM peak hour trips upon completion. In an effort to reduce the number of pm peak hour trips, the applicant has agreed and shall be required to provide adequate right-of-way for a City of Yakima bus stop shelter in accordance with the requirements of the City of Yakima Transit Department. DECISION Based upon the aforementioned findings and the City of Yakima's adopted Critical Area Ordinance the Administrator has determined that the application by Wide Hollow Development on behalf of the City of Yakima as described in file number Cntical Area Ordinance Permit #3-06 shall be APPROVED subject to the following conditions: 1. All unwanted trees and vegetation must be removed by some means other than burning on the site or at another site. Contractors doing grading, site preparation, construction, and/or landscaping work on this project shall file a dust control plan with the Yakima Regional Clean Air Authority, along with providing the City of Yakima a copy of such plan. 5 1111 TY OF YRKIMA - CODES D 1 1 II 1 11 1 11 7582253 Page: 49 of 59 09/21/2007 11:59A AGR $148,00 Yakima Co, WA 2. The proponent shall contact Department of Ecology Water Resources to ensure legal right to water, and obtain a water rights permit if necessary. This mitigation measure may require re- analysis at meaningful future points in the development of the proposal, depending on the characteristics of specific future phases of construction and site uses at the proposed business park. (RCW §§ 90 03.380 & 90.44.100) 3 The proponent shall contact the Department of Ecology prior to construction to verify if a Stormwater Pollution Prevention Plan and NPDES permits are required, and shall obtain permits if necessary. The proponent shall provide the City of Yakima a copy of all required permits. 4. The proponent shall submit complete stormwater management design plans, specifications and calculations for the City Engineer's approval prior to construction. (pursuant to the Eastern Washington Stormwater Manual and City of Yakima Stormwater Management Guide) This mitigation measure may require re -analysis at meaningful future points in the development of the proposal, depending on the characteristics of specific future phases of construction and site uses at the proposed business park. 5. The proponent at the time of any building plan submittal shall submit both building plan elevation and the elevation of the FAA Part 77 imaginary surfaces for each individual building to the airport manager for review and approval. In addition, the proponent shall also provide the City of Yakima Code Administration and Planning Division with a copy of the approved plans and a letter of compatibility from the airport manager prior to building plan approval. (YMC § 15.30 070) 6. The proponent shall obtain a Critical Area Substantial Development Permit for all construction within 200 feet of the Ordinary High Water Mark of Wide Hollow Creek prior to construction. (YMC Ch. 15.27) 7. The applicant shall retain a Washington State Department of Archaeology & Historic Preservation certified archeologist to monitor the site during all excavation activities. 8 The applicant shall provide adequate right-of-way for City of Yakima bus shelter in accordance with the requirements of the City of Yakima Transit Department. 9. During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. (YMC § 6 04.180) 10. Traffic impact mitigation analysis is based on the phased nature of this application, and specific concurrency and mitigation impact analysis beyond the general concept of a proposed multi -use business park will be required of individual development projects effective as of the time any such projects are proposed for construction. Traffic mitigation measures, including with respect to concurrency and other mitigation topics, for such individual development projects will be reassessed in light of the features and characteristics of the specific proposal at issue and the existence of system capacity at the actual time of expected construction. 11. No structure shall exceed the required 120 -foot setback line in any circumstance unless approved by the City of Yakima Planning Department under Chapter 15.27 of the Yakima Municipal Code. 12. Any other state or local governmental permits not herein mention or required must be complied with in their entirety. July 17, 2007 Date k, D -ctor of Comma : • onomic Development, 6 7582253 0f 59 09/21120007 11:50A CITY OF YAKIMA - CODES DI RGR $148.00 Yakima Co, WR NOTICE OF RIGHT TO APPEAL This decision shall be final unless appealed m accordance with YMC § 15.16.030. Appeal forms may be obtained from the Department of Community and Economic Development and must be accompanied by the application fee of $505 00. 7 1 1111 1111 111111 311 11111 11111/111 111111 111 1111 72253 Pa58ge 51 of 59 Y CITY OF YAKIMA - CODES DI AGR $148.00 Yakima maCo, 11:50A 50 M 11 1 1 C TY OF YAKIMA - CODES D 1 1 1 7582253 Page: 52 of 59 09/21/2007 11;50A AGR $148.00 Yakima Co, OA STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: CL(2) #6-07, CAO#3-06, bindingsiteblan#1-07 Wide Hollow Development Washington Ave 40th and 48th Ave I, Susie Lorance as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 17th day of July ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. U(iuw rklict. Susie Lorance Planning Specialist (Please note: a total of 210 notices were mailed out.) 111111111111111111111111111111111111111 I Nil 7582253 Page: 53 of 59 89/21/C TY OF YAKIMA - CODES 0 AGR $148.00 Yakima Co, WA'S0A DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 NOTICE OF DECISION Administrative Official's Determinations July 17, 2007 On May 25, 2007 the City of Yakima, Washington issued a Notice of Application regarding review of a Binding Site Plan, Class (2) Review, and Critical Area Substantial Development Permit applications submitted by Wide Hollow Development, LLC. The applicant has proposed to permit the following: 1. Allowance of the restaurant, financial institutions, professional and medical office land use classifications within the M-1, Light Industrial designation and Airport Safety Overlay affecting the subject property. 2. Binding Site Plan to subdivide approximately 20 acres of M-1, Light Industrial, zoned property into 22 lots ranging in size form 27,646 to 162,550 square feet. 3. Critical Area Review as the proposed development lies within 200 feet of Wide Hollow Creek classified as a Class II Stream and Critical Area of the City of Yakima; and 4. Construction of a mixed use building complex consisting of twenty-two buildings. The subject property is located in the vicinity of Washington Ave. between 40th and 48th Avenues, Yakima, Washington. Assessor's Parcel Number(s): 181334-21001 City File Number: UAZO Prel Binding Site Plan #1-07, Class (2) Review #6-07 & Critical Area Review #3-06 Following the required 20 -day public notice period, and consideration of all comments received, the City of Yakima has issued the enclosed decisions. These decisions may be appealed within 14 days from the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The filing fee of $505.00 must accompany the application. For further information or assistance, you may wish to contact Jeff Peters, Assistant Planner at (509) 575-6163 at the City of Yakima Planning Division. Doug Maples Subdivision Administrator Notice of Decision Mailing Date: July 17, 2007 Enclosures: Administrator's Findings and Decisions, Site Plan, Vicinity and Mailing Maps www.ci.yakima.wa.us 11 1111 11 1 1 ITY OF YAKIMR - CODES 0 1 Yakima ,99d 1111 I III 1111 7582253 Page: 54 of 59 09/21/2007 11:50A AGR $ 8 00 Yakima Co, WA 81202-12004 AKI 300 AK' MI NGTON AVE A 98903-1246 8120 -1100 AKI • AIR E INA 300 W HINGTON AVE AKIMA, WA 98903-1246 813.5-44.11 AKI 400 W ASHINGTON AVE AKI WA 98903-1134 81 02-2 00 AKI • R TER MCALLISTER F 008 16TH AVE AKIMA, WA 98903 8 334-1 AK MA R TE INAL ALLISTER F 008 16TH AVE AKIMA, WA 98903 81 35-2390 AK TE AL/ LLISTER F 008 6TH AVE AKIMA, WA 98903 813 AKI 008 AKIMA, 5-31903 AIR T 16T. AVE MA 98903 L/MC 81335-4290 AKIMA TERMINAL/MCALLI 008 S 16TH AVE AKIMA, WA 98903 81201-22007 AKIMA ITY 29 N 2Nr AKIMA, WA 98901-2613 8' (-33007 CITY 29 2 • AKIMA, WA 98901-2613 81334-1 002 AKIMA C Y 29 N 2ND AKIMA WA 98901-7 �. ER F 18 20--21004 YA I •IR RM AL 23e4 W _'INGTO VE YAKIMA, WA 98903-1246 18 203-1 03 YAK MA IR 13 AL 2300 WASHINGTON AVE YAKIMA, WA 98903-1246 181336-3 004 YA IMA I• 23,: WASHINGTON AVE YAKIMA, WA 98903-1246 181334-14900 YAKI AIR ER 2008 S • H AVE YAKIMA, WA 98903 1813c4-14 YAKI R 2008 6TH AVE YAKIMA, WA 98903 • 4 MCALLISTER F 18 202- 900 YA 23 YA INA WASHINGTON A IMA, WA 98903-1246 181203-14001 Y IMA • TERMI 24.0 WASH • ON AVE YA.- , WA 98903-1134 181 36-3300• YAK AIT I •L 2300 SHINGTIN AVE YAKIMA, WA 98903-1246 181334-14901 YAK MA AI 2008 S •TH AV YAKI IP. , WA 98903 181 /MCALLISTER F YAK 2008 S 16TH A YAKIMA, WA 98903 ALLISTEI 181335-24900 1813 5-319 YAKIMA AIR L/M;ALLISTER F YAKI TERMINAL/MCALLISTE 2400 W INGTON AVE 2008 S 16TH AVE YAKIMA, WA 98903-1134 YAKIMA, WA 98903 181335-42901 181335-429 YAKIMA IR TE MCA ISTER F YA MA TERMI • ALLISTE 2008 S 1 VE 200: 16TH AVE YAKIMA, WA 98903 YAKIMA, WA 98903 181 - -42904 IMA AIR TERM 2008 S 16TH AVE YAKIMA, WA 98903 -11005 YAKIMA 129 N 2ND ST YAKIMA, WA 98901-2613 ISTER F 181335 AIR TERMIN• LLISTE 2008 S 16TH AVE YAKIMA, WA 98903 18 1 4-13002 KIMA 129 N 2ND ST YAKIMA, WA 98901-2613 41025 YAKIMA 129 N 2ND ST VZVTML Wh oocl11 -2C1 - I I YAKIMA CITY 129 N 2ND ST YAKIMA, WA 98901-2613 18T 3 002 YAKIMA CITY 129 N 2ND ST YAKIMA, WA 98901-2613 18 5-23008 YAKIMA TY 129 N 2ND ST iii u II I C TY OF YAKIMA - CODES 0 RGR 11 II 7582253 Page: 55 of 59 09/21/2007 11:50A $148.00 Yakima Co, WA 181203-14402 RANDAUL E & LINDA G AMMERMAN PO BOX 9364 Y' -"SMA, WA 98909-0364 181327-34004 RAYMOND P JR & MARY FAUCHER 1411 S 44TH AVE YAKIMA, WA 98908 181334-31412 RENE N & MARCY D TREVINO 4006 SPRING CREEK RD YAKIMA, WA 98903 181336-23408 ROBERT A ROYSE 1503 W WASHINGTON AVE YAKIMA, WA 98903-1237 181327-43494 ROCKY & KALLY MARQUIS 3912 W LOGAN AVE YAKIMA, WA 98902-4833 181202-42400 ROY C. HULL 207 S 3RD ST SELAH, WA 98942 1812 RUSS 2805 YAKI 3-1 & ENE B ER AHTANUM WA 98903 181328-44402 SHARON HAUGE TRUST 1412 S 48TH AVE YAKIMA, WA 98908 18 03- •403 RAN PO 93:• YAKIMA, WA 98909-0364 ME 181327-34506 RAYMOND & SUSAN KNOTTS 1400 S 40TH AVE YAKIMA, WA 98908-3931 18 327 434 RA 0 D P JR . UCHER 141 S 44 E YAKIMA, WA 98908 181336-23410 RICARDO M. CORTEZ 1819 S 16TH AVE YAKIMA, WA 98902-5714 181335-22015 ROBERT E MACKENZIE 3109 W WASHINGTON AVE YAKIMA, WA 98903-1140 181336-23415 RONALD C & THERESA A DINGMAN 1807 S 16TH AVE YAKIMA, WA 98902-5714 181202-23410 RQT LLC 3408 E LAURELHURST DR SEATTLE, WA 98105 18.•03 RUSS L 2805 ' ' WER AH ANUM YAKIMA, WA 98903 181328-44405 SHARON R GAZE PO BOX 658 SELAH, WA 98942 181335-24031 181335-23011 SMITHS AEROSPACE ACTUATION SYSTE STRUCTURAL COMPONENTS INC PO BOX 9907 3107 W WASHINGTON AVE YAKIMA, WA 98909 1 YAKIMA, WA 98903_1140 36-23414 ;A ZAMBRANO S 16TH AVE YAKIMA, WA 98902 181 34-14002 THE BE'AROY• CO L 110. IL AY # 1700 SEA • E WA aa1111 181335-24030 TERRY L & BRENDA QUIROZ 1100 GILBERT RD ZILLAH, WA 98953 181327-34485 TIMOTHY B & KATHY A EVANS 4110 LAURA LN VTVTMT 1,ir, GOQfQ_1041 11 11 11 NON 1111 1 1: 327 435 RAY 0 . P R 1411 44T 'VE YAKIMA, WA 98908 ER 181334-32056 RICHARD W. HAUBRICH 1901 S 47TH AVE YAKIMA, WA 98903 181202-23412 ROBERT H & BARBARA SCHULTZ 11083 SUMMITVIEW YAKIMA, WA 98908 1 181333-41005 RONALD J & FELICIA E BLAIR 1911 S 52ND AVE YAKIMA, WA 98903 181203-14411 RUSSEL E & DARLENE BOHANNO:: 2805 LOWER AHTANUM YAKIMA, WA 98903__ 18 20 - 4414 RU E & 280 LOW e HTANUM YAKIMA, WA 98903 E BOHANNO1 181327-34498 SHAYNE & LESLEY DOWNING 4106 LAURA LANE YAKIMA, WA 98908 181327-43492 TED M JR MARQUIS 3801 W WASHINGTON AVE YAKIMA, WA 98902 181334-11011 THE BENAROYA CO LLC 1100 OLIVE WAY # 1700 SEATTLE, WA 98101 _ 1 181327-43493 TM RENTALS PO BOX 1432 1 11 7582253 Page 56 of 59 09/21/200? 11 50A TY OF YAKIMA - CODES D AGR $148.00 Yakima Co, WA 1813 5- 422 J M P 'R IN ITUT 201 NGTON YP 'A, WA 98903 18 334 32 JAKS Wek EVOC 41 WHISPERING LN ANNANDALE, Virginia 22003 TRUST 181334-32005 JACK E ET UX GLAZIER 1908 S 47TH AVE YAKIMA, WA 98903 181203-14004 JAMES R & DARLENE M BOHANNON DE 3205 AHTANUM RD YAKIMA, WA 98903 181.35- •416 JER 4509 YAKIMA, WA 98908 181335-23013 JOAN P FLUAITT TESTAMENTARY TRUS 2705 S 90TH AVE YAKIMA, WA 98903-9654 181334-12411 JOHN J & DENISE L FILLIOL 1606 S 36TH AVE YAKIMA, WA 98902 181334-32439 JAMES A JR & MARICELLA BENFIET 1900 S 45TH PL YAKIMA, WA 98903 181334-32440 JACKSON WONG 4122 WHISPERING LN ANNANDALE, Virginia 22003 181334-32403 JAMES R & ALICIA J SHREVE 1900 S 44TH AVE YAKIMA, WA 989032506 181203-13002 JAMES ROBERT DECOTO 3205 AHTANUM RD YAKIMA, WA 98903 181335 JERE X 10 YAKIMA, WA 98909 181334-31434 JOE JR GARCIA 1904 S 41ST AVE YAKIMA, WA 98903 181 34-1• 4 JOH J D ISE LIOL 1507 C Y RE " VOIR R YAKI -, WA 98908 181202-14012 JOHN R & JUDY L HARTSHORN 2512 S 16TH AVE YAKIMA, WA 98903-1218 181336-23413 JUDY G HARRIS 1811 S 16TH AVE YAKIMA, WA 98902 181328-44431 KELLEY L IRWIN 1410 S 48TH AVE YAKIMA, WA 98908 J 17-34502 1 ,TH L & HELEN GORSUCH 4__. LAURA LN 181 '2- 012 JOHN JUDY L " R 2512 16TH AVE YAKIMA, WA 98903-1218 181334-31432 JUNG Y & MYUNG S LEE 4104 SPRING CREEK RD YAKIMA, WA 98903 1:1328 432 K LE L RW 141 S 48 - AVE YAKIMA, WA 98908 181202-23418 L H E. GLORIA A BUTLER 1214 N 20TH AVE YAKIMA, WA 98908-3941 YAKIMA, WA 98902-1209 181327-34503 LAZARO B & MARGARITA. G SANCHEZ 4102 LAURA LANE YAKTMA WA gRgnR 181336-34404 LEONARD E & MARY H HUGHES 2019 S 12TH AVE Vn✓TMn wn ga0n-1,-7n 11 11 11 181335-24016 JERE IRWIN 4509 SCENIC DR YAKIMA, WA 98908 181336-32008 JERRY L & SHARON K RANK 2017 S 16TH AVE YAKIMA, WA 98903 181327-34008 JOHN & KATHLEEN STEENBERGEN PO BOX 8298 YAKIMA, WA 98908 181334-32061 JOHN P & REBECCA J BOWEN HO[ 1906 S 47TH AVE YAKIMA, WA 98903 18 02-13003 JO 2512 16 AVE` YAKIMA, WA 98903-1218 RT 0 181336-23409 JUSTIN M JOHN 1821 S 16TH AVE YAKIMA, WA 98902 1111 1 1 C TY OF YAKIMA - CODES 0 181334-32406 KENNETH & KATHY GEORGE 1906 S 44TH AVE YAKIMA, WA 98903-2506 181335-23403 LANCE H & KAREN L BLAIR 7405 SPOKANE ST YAKIMA, WA 98908 181328-44406 LEONARD FAMILY REVOCABLE TR 1406 S 48TH AVE . AVTMT WA ovonv_ e nnl 1 1 II 1 111 7582253 Page: 57 of 59 0912112007 11:50A AGR $148.00 Yakima Co, WA 81327-34509 LLDERMAN PARTNERSHIP ,510 SNOWMOUNTAIN RD 'AKIMA, WA 98908-2841 L81336-32010 .NNE LINDEMAN 2105 S 16TH AVE (AKIMA, WA 98903 L81335-13016 kSPEN PROPERTIES L P 1320 N 16TH AVE #A YAKIMA, WA 98902 181335-24022 ALEXA PTSCHEK 4580 KLAHANIE DR SE ISSAQUAH, WA 98029 181336-32009 ANNE OLSEN 2105 S 16TH AVE YAKIMA, WA 98903 181335-14012 ATLANTIC RICHFIELD -DEL CORP PO BOX 5015 BUENA PARK, California 90622 181202-12007 AUDREY M PUALANI 1008 S 6TH ST YAKIMA, WA 98901 181335-24008 BOLM LIVING TRUST 1808 S 24TH AVE YAKIMA, WA 98902-5722 181327-34482 BILL R & LOUISE R STEWART 4105 LAURA LN YAKIMA, WA 98908-3942 181334-32437 BRYAN K & BONNIE J DWARSHUIS 1425 S 26TH AVE YAKIMA, WA 98902-5188 16 .6-23405 CHARLIE STEPHENSON 1812 S 15TH AVE YAKIMA, WA 98902 1813E CONCDON PO ':OX YAK 4-420 VES 725 WA 98907-2725 OPMEN LC 181335-23401 CHET & SANDRA BEAMAN 3003 W WASHINGTON AVE YAKIMA, WA 98903-1139 18 CO P YA 334-4•.0 GDO DEV 2725 IMA, WA 98907-2725 18 327 004 CO GD• O'CHARoS NC PO ':A, 272 YAK , WA `:9072725 18133 001 CONGO O'CHA PO HOC 27 YAKI IP., WA INC 181336-23412 CRESCENCIO & MARIA ELISA MOLINA 1813 S 16TH AVE YAKIMA, WA 98902 90727 181335-24027 D L ET ALL HUNTER 4410 UPLANDS WAY YAKIMA, WA 98908 0 L C 181133-41012 181328-44456 2 N R & MAYLING W CHIN LONG DAVID & ELIZABETH OLIVAS 1 SPRING CREEK RD 1405 S 49TH PL YA.,_rIA, WA 98903 YAKIMA, WA 98908 181336-23406 DAVID A FLATHERS 1814 S 15TH AVE fAKIMA, WA 98902 181335-22403 DAVID J MILLER 1624 S 27TH AVE YAKIMA, WA 98902 181333-41009 ALOHA STARBUCK 1909 S 52ND AVE YAKIMA, WA 98903 181334-32059 ARNOLD & JOYCE KINCANNON 1905 S 47TH AVE YAKIMA, WA 98903 181202-12001 AUDREY CATLETT 2406 S 16TH AVE YAKIMA, WA 98903-1217 181334-32433 BOBBIE & RANDAL EADS BONHAM 1907 S 46TH AVE YAKIMA, WA 98903 181333-41429 CESAR & SHANNON TINAJERO 1905 S 52ND AV YAKIMA, WA 98903 181334-32405 CHRIS T & ANDREA L BLAS 1904 S 44TH AVE YAKIMA, WA 98903 181335-33111 CON DON •EV LOPM CO L PO to 2725 YAKIMA, WA 98907-2725 181:34- 005 CON'. DO, vRC PO :O 2 5 YAKI W 989072725 11 1111 1 1 CITY OF YAKIMA - CODES D 181334-32404 DANIEL R & WANDA LESLIE 1902 S 44TH AVE YAKIMA, WA 989032506 181334-31012 DAVID & SUE ANN ROSSIGNOL 1908 S 41ST AVE YAKIMA, WA 98903 181333-41003 DELORES J & KENNETH G ROSDAH 4904 SPRING CREEK RD YAKIMA, WA 98903 1 1 11 11 7582253 Page: 58 of 59 09/21/2007 11:50A AGR $148.00 Yakima Co, WA OD -RG, SEPA Reviewer P ~my Corps lox c-3755 .._-ale, WA 98124 Sheila Ross Cascade Natural Gas 701 S 151 Ave Yakima, WA 98902 Chamber of Commerce 10 N 9`h St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6th Ave. MS 623 tile, WA 98101 FAA 2200 W. Washington Yakima, WA 98903 Mr Steven Erickson Yakima Co Planning 128 N 2°d St. Yakima, WA 98901 Mr Vern Redifer Yakima Co Pub Services 128 N 2°d St., 4th Floor Yakima, WA 98901 Mr Bill Bailey Yakima Cnty Dev, Sery Ctr. 128 N 2nd St. 4th Floor Yakima, WA 98901 Phihp Rigdon Yakama Indian Nation PO Box 151 Toppenish, WA 98948 Dept. of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Dept of Soc/Health Service Capital Programs Ofc. Bldg#2 MS OB -23B Olympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W 4th Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2°d Ave. Room 304 Yakima, WA 98902 Yakima Co. Commissioners 128 North 2nd Street Yakima, WA 98901 Yakima Co Health Dist Art McKuen 104 North 15` St. Yakima, WA 98901 Department of Ecology Environ Review Section PO Box 47703 Olympia, WA 98504-7703 WA State Emergency Mgmt. Div Mitigation, Analysis & Planning Supervisor - Building 20 Camp Murray, WA 98430-5122 Cultural Resources Program Johnson Meninick, Mgr Yakama Indian Nation PO Box 151 Toppemsh, WA 98948 Transportation Planner YVCOG 311 N 4th Street STE 202 Yakima, WA 98901 11 Mr. Greg Griffith Div of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste102 Yakima, WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W Pruitt Clean Air Authority 6 S 2nd St., Room 1016 Yakima, WA 98901 Mr Lee Faulconer Dept. of Agriculture PO Box 42560 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W Yakima Ave. St. 200 Yakima, WA 98902 Nob Hill Water Co 6111 Tieton Drive Yakima, WA 98908 Pacific Power Mike Paulson 500 N Keys Rd Yakima, WA 98901 Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 Mose Segouches Yakama Indian Nation Environmental Protection Prog PO Box 151 Toppenish, WA 98948 1 1 ITY OF YAKIMA - CODES D 1 1 1 1 11 7582253 Page: 59 of 59 09/21/2007 11:50A AGR $148.00 Yakima Co, WA Health CERTIFICATE OF MARRIAGE Please type or print clearly in permanent black ink. COUNTY OF LICENSE Yakima T7 7 Z"'"-‘ 8' DATE VALID 8 I 30 1 2007 NOT VALID AFTER 10 I 28 1 2007 OFFICIANT - I certify the persons named below were married on .... 1.DATE OF MARRIAGE(MO/DAY/YR) 1 I g I zoo 2. COUNTY OF CEREMONY `IA y(jY41 A 3. TY E OF CEREMONY g Religious El Civil 4.DATE SIGNED(MO/DAY/YR) 9 I K 1 z 001 5. OFFICIANT'S NAME (PRIN / /./..e NA fro Ar ioNy Ler 3ocvr 6. OFFICIANT' TURF X l �; �TJ'C�.< 7 OFFICIANT'S ADDRESS (STREET, CITY, STATE & ZIP) C/ • dNd Ave \viek 1, W4 9r9'Dg' GG 11 k% • C4 GROOM 8. GROOM'S NAME FIRST MIDDLE LAST ANTONE BENJAMIN PARADISO 9. USUAL RESIDENCE ADDRESS (NUMBER AND STREET) 2920 SOUTH BLAKE STREET 10.DATE OF BIRTH(MO/DAY/YR) 5 I 19 11981 11.BIRTHSTATE(IF NOT USA GIVE COUNTRY) WA 12. CITY/TOWN/LOCATION SPOKANE 13. INSIDE CITY LIMITS ►i Yes ■ No 14. COUNTY SPOKANE 15. STATE WA 16. FATHER'S NAME (FIRST/LAST) PAUL PARADISO 17.BIRTHSTATE(IF NOT USA GIVE COUNTRY) CA 18. MOTHER'S MAIDEN NAME (FIRST/LAST) MAGGIE TORRES 19.BIRTHSTATE(IF NOT USA GIVE COUNTRY) CA 20. GROOM'S SIGNATURE21. X G � DATE SIGNED (MO/DAY/YR) 9 -el -07 BRIDE 22. BRIDE'S NAME FIRST MIDDLE LAST NICOLE ANGELIQUE LEBOEUF 23. MAIDEN NAME LEBOEUF 24. USUAL RESIDENCE ADDRESS (NUMBER AND STREET) 8602 WESTBROOK AVE 25.DATE OF BIRTH(MO/DAY/YR) 5 I 17 11980 26.BIRTHSTATE(IF NOT USA GIVE COUNTRY) WA 27 CITY/TOWN/LOCATION YAKIMA 28. INSIDE CITY LIMITS ►� Yes • No 29. COUNTY YAKIMA 30. STATE WA 31. FATHER'S NAME (FIRST/LAST) RICHARD LEBOEUF 32.BIRTHSTATE(IF NOT USA GIVE COUNTRY) WA 33. MOTHER'S MAIDEN NAME (FIRST/LAST) CAROLYN RYAN 34.BIRTHSTATE(IF NOT USA GIVE COUNTRY) WA 35. BRIDE' IGNATURE / / / X Ce.. • , .• 36. DATE SIGNED (MO/DAY/YR) 9--8' , 37 WIT SIGNA RE Alf38. X / % ��S WITN IG ' E X Ko 39. COU A �� SIGNATURE X Corky Mattingly, s unty Auditor 40. DATERECEIVED (MO/DAY/YR) Q/ 2 J ia7 ;. 0 - 789?ge:?2_2.:187 91;..4 38 MARRC`d SCA681'; Yakima. Co, WA Affidavit of MALE Applicant for Marriage License State of WASHINGTON County of Yakima I, the undersigned, do solemnly swear or affirm, that the information on this form is true, and that I am eighteen years of age or older or qualify as designated below. I am not afflicted with any contagious sexually transmitted disease, or if present, the condition is known to the female applicant, and further, that I am not related to the female applicant. Marriage license is not valid for 3 days from date of application and is void if marriage is not solemnized in the State of Washington within sixty (60) days of issuance of license Birthdate 9/26/1981 Age 25 Birthplace TOPPENISH, WA Occupation CONSTRUCTION Sinale Widowed Divorced X Under Control of Guardian P Address Present 203 PENNY LANE. TOPPENISH. WA Address Past Six Months same Name NICOLAS CORTES Deputy Auditor/Notary Public. Subscribed and sworn to before me on this 21 av of September Affidavit of FEMALE Applicant for Marriage License State of WASHINGTON County of Yakima I, the undersigned, do solemnly swear or affirm, that the information on this form is true, and that I am eighteen years of age or older or qualify as designated below I am not afflicted with any contagious sexually transmitted disease, or if present, the condition is known to the male applicant, and further, that I am not related to the male applicant. Marriage license is not valid for 3 days from date of application and is void if marriage is not solemnized in the State of Washington within sixty (60) days of issuance of license Birthdate 6/14/1986 Age 21 Birthplace HERMISTON, OR Occupation COSMITOLOGIST Single X Widowed Divorced Under Control of Guardian , Address Present 203 PENNY LANE, TOPPENISH, WA Address Past Six Months same Name PATRICI TORRES Signature 11( Let, '1 01-1)S Deputy Auditor/Notary Public: Subscribed and sworn to before me on this 21 day of Seitember 2007 f/r/ Parents' or Guardians' Consent Male Female I hereby certify that I am the I hereby certify that I am the Parent or Guardian of Parent or Guardian of who is 17 years of age and I give my full consent to his marriage to who is 17 years of age and I give my full consent to her marriage to 1111 COLAS CORTES X Signature ParentllGuardian of Male Applicant X Signature Parent/Guardian of Female Applicant Subscribed and sworn to before me on day of of 20 1 Deputy Auditor / Notary Public 11 1 11 11 1 I II 7582395 Page 1 of 1 0912112007 04,03P ARRA $59,00 Yakima Co, WA Return Address 4 k , ' res. of , V J ,A C( Esq. Please print neatly or type informatics Document 1 Title: Reference -#=s: (-- Additional Additional reference 's on page Grantors: ..1. k4f.�, Additional grantors on page Document 2 Title: Reference #'s: lAJ//� 1-1-o 1 o w Grantees: J/C_' \%C lO (J T \-"k- kJ,Cre 1 c, k e V C 1 r7 fff\f�i�� additional grantees oh page Additional reference #'s on page Grantors: Grantees: Additional grantors on.page additional grantees on page Legal Description (abbreviated form: i.e. lot, blk, plat or S,T,R quarter/quarter) s-- , ;T-13 g.— 1$ Additional legal is on page Assessor's Property Tax Parcel/Account Number I C (3 3t( --Z /c c Emergency nonstandard document recording: I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature: The Auditor/Recder will rely on the information provided on the form. The staff will not readthe document to verify the accuracy or completeness of the indexing information provided herein. 11113111111M 111 7582253 09/21/2007 11.50A CITY OF YAKIMA - CODES DI AGR $148.60 Yakima Co, WA Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Development Agreement Between City of Yakima, Washington, and Wide Hollow Development, LLC. Development of a single piece of property approximately 29 29 acres in size located in the vicinity of Washington Ave, between 40th and 48th Avenues in accordance with RCW 36 70B 170-36 70B.210, YMC 14 10 040, 14 10 040(B),14 10 090 and 14 35 Grantor. City of Yakima Grantee Wide Hollow Development, LLC LEGAL DESCRIPTION: BEGINNING AT A POINT LOCATED 50.00 FEET S 89°44'09" W OF THE NORTH QUARTER CORNER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.W.M., THENCE S 0°34'04" W FOR 1020 19 FEET TO THE NORTH EASEMENT LINE OF WEST WASHINGTON AVENUE, THENCE S 56°01'54" W FOR 33 96 FEET ALONG SAID EASEMENT LINE, THENCE CONTINUING ALONG SAID EASEMENT LINE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 9°44'57" AND A RADIUS OF 1935 00 FEET FOR 329.25 FEET, THENCE S 21°02'35" W FOR 15 00 FEET, THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 10°13'10" AND A RADIUS OF 1950 00 FEET FOR 347 81 FEET, THENCE N 59°00'00" W FOR 748 61 FEET; THENCE ON A CURVE TO THE LEFT WITH A DELTA ANGLE OF 66°07'42" AND A RADIUS OF 880 00 FEET FOR 1015 66 FEET, THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 85°00'31" AND A RADIUS OF 40 00 FEET FOR 59 35 FEET TO THE EAST EASEMENT LINE OF SOUTH 48TH AVENUE, THENCE CONTINUING ALONG SAID EASEMENT LINE N 40°07'10" W FOR 226 01 FEET, THENCE ON A CURVE TO THE RIGHT WITH A DELTA ANGLE OF 34°07'43" AND A RADIUS OF 315 00 FEET FOR 187 67 FEET, THENCE N 89°44'09" E FOR 1607.53 FEET, THENCE N 0°34'04" E FOR 100 00 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 E.W.M , THENCE N 89°44'09" E ALONG SAID NORTH LINE FOR 925.59 FEET TO THE POINT OF BEGINNING PARCEL NUMBERS: 181334-21002 11 11 11 1111 1 1 1 1 11 TY OF YAKIMA - CODES D AGR 11 7582253 Page: 2 of 59 09/21/2007 11:50A $ 48,00 Yakima Co, WA • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For meeting of: August 7, 2007 Conduct a Public Hearing and consider a Resolution authorizing and directing the City Manager to execute a Development Agreement with Wide Hollow Development, LLC.,to build a mixed use office building park complex for offices, commercial, and/or light industrial purposes on Washington Ave. between 40th and 48th Avenues. SUBMITTED BY: William R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cook, 575-6113 SUMMARY EXPLANATION: The City Council is asked to conduct a Public Hearing and to consider a Development Agreement between the City of Yakima, Wide Hollow Development, LLC. The Development Agreement formalizes the terms and conditions under which the applicant's proposed binding site plan, mixed use office building park complex and other City approvals for the proposed development at Washington Ave. between 40th and 48th Avenues will be built. Included in the agreement are requirements for improvements to surrounding roads, water and sewer systems, technical standards related to City building and zoning codes, and mitigation of environmental impacts. The Agreement will, among other things, implement the conditions of the final decisions, eliminate uncertainty over development of the project, provide for the orderly development of the project, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement statute was enacted. Approval of the Development Agreement is the final step in the environmental and development review process. The next step for Wide Hollow Development would be to submit construction plans and apply for a building permit. Resolution X Ordinance Other Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Conduct public hearing and approve resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: