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HomeMy WebLinkAboutR-2009-109 Toscanna, Phase 1, Preliminary PlatRESOLUTION NO. R-2009-109 A RESOLUTION approving a preliminary long plat and planned development, for the Preliminary Plat of Toscanna, Phase 1, a sixty-six lot common -wall subdivision, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington. WHEREAS, on July 9, 2009, the Hearing Examiner held a public hearing to consider the application for a Master Planned Development / sixty-six lot common -wall subdivision known as Toscanna, Phase 1, submitted by Envizage Development Group (PLP #001-09 & PD #001-09); and, WHEREAS, on July 22, 2009, the Hearing Examiner issued his Recommendation for approval of the proposed plat subject to several conditions; and, WHEREAS, the proposed Application conforms with the City of Yakima Zoning Ordinance, Subdivision Ordinance, Development Standards Ordinance, and other applicable land use regulations; and, WHEREAS, at the Closed Record Public Meeting on August 18, 2009, after notice duly given according to the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff to prepare a resolution reflecting the same; and, WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Application; and, WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution. Section 2. Incorporation of Hearing Examiner's Recommendation and Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of approval of the Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW § 58.17.110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 0 Phase 1 ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th day of August, 2009. (jc)resfroscanna Phase 1 City of Yakima, Washington Office of the Hearing Examiner Master Planned Development and Preliminary Subdivision Application By Envizage Development Group For the 66 Unit Toscanna I Development in the R-1 and R-2 Zone at Castlevale Rd. and Seattle Slew Run. RPDA VED JUL 2 2 20090 CITE` OF Y, 1%4 PLA te'i�',it ni v. File No. PD #001-09, PLP #001-09 Hearing Examiner's Recommendation INTRODUCTION. Envizage Development Group applied for a Master Planned Development Zoning Overlay and Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the Hearing Examiner and the applicant prior to the hearing. Staff analysis and recommendations for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road. The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMMARY OF RECOMMENDATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. DOC. INDEX #6-d • • • • JUL 2 2 20ny CITY OF yAxlm,4 Based on the staff report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following FINDINGS. 1. APPLICANT. The applicant is Envizage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. OWNER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908_ 3. LOCATION AND LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for unspecified future development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. CURRENT SITE CONDITIONS. An irrigation canal follows and demarcates the property's western boundary. The western portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage easement runs from the southwest corner easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kern .Road extends to the property from the east from its intersection with North 40th Avenue. Electrical and telecommunications services, natural gas, and public water and sewer services are available in the vicinity. Page 2 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX 7. CURRENT ZONING AND USE. The subject property is zoned Two -Family Residential (R-2) in the eastern portion and Single Family Residential (R-1) in the western portion. It was previously used as an orchard and contains a single family dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used for single family homes. Adjacent properties have the following characteristics: • RECEIVED Location Zoe Land Use North R -1/B-1 Residential/Vacant Land JUL 2 2 2009 South R -1/R-2 Residential West R-1 Residential CITY OF YAKIMA East R -1/R-3 ResidentialfMobile Home Park PLANNING DIV. 8. COMPREHENSIVE PLAN. The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRONMENTAL REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX • • • 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. The MDNS was not appealed. RECEIVED JUL 2 2 2009 CITY OF YAKIiViH PLANNING DIV. 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # c 10. PUBLIC NOTICES. "". JUL 2 2 2009 CITY OF YAiii PLANNING This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. MASTER PLANNED DEVELOPMENT OVERLAY ANALYSIS. a. Master Plan Overlay Review Criteria. Generally, allowable uses in a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and f). Common wall units are single family residences sharing a common with other similar units at the lot boundary. Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in YMC §15.28.040.D, and findings regarding the criteria are set forth in turn below. b. Does the Master Plan Development application demonstrate the economic and efficient use of land and provide for an integrated and consistent development plan for the site? The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide).. The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall residential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design? The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Page 5 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX r • • • • The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City Standards at the expense of Homeowners Association established by the Development Agreement (AFN ) pertaining to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of development is completed? This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. No agency or public comments indicate that the respective phases cannot stand alone in the event that other phases are not developed. f. Does the Master Planned Development contain design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential significant off-site impacts including noise, shading, glare, and traffic been identified and mitigation incorporated to the extent reasonable and practical? The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded RECE1"r- Page 6 of 12 Toscanna I PD #001-09, PLP #001-09 JUL. _ u,. ui 1 r ur YHrcgn,h PLANNING DIV. DOC. INDEX that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, resulting in the functional and visual appearance of one integrated project? The project is for a private/gated Master Planned Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. i. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. J. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district? There are no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this fording. k. Is the proposed development designed to be consistent with . the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? • • This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. 12. PRELIMINARY SUBDIVISION ANALYSIS a. Subdivision Review Criteria. Open record hearings on preliminary subdivision reviews are conducted to examine and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # G-1 • 1 • 4. As required by Chapter 58.17 RCW, the proposed subdivision must provisions for: a. Public health, safety and general welfare, b. Open spaces, c. Drainage ways, d. Streets or roads, alleys, and other public ways, e. Transit stops, f Potable water supplies, irrigation and other water suppliers, g. Sanitary waste disposal, h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. Other planning features that assure safe walking conditions for students who walk to and from school; make appropriate E�EjVED -IUL 2 2 2009 CITY OF Y�4Klti P�Nl�l11�G dl� Based upon those standards the Hearing Examiner is to make a fording that the public use and interest will be served through the approval of the subdivision. See YMC 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the staff report, the proposal satisfied zoning standards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the draft Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # G_� This compatibility is reflected in the supportive public comments received from neighbors during the open record hearing.0 The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by agencies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development standards. Those comments and proposed conditions are set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master Planned Development Overlay on the subject property, and, therefore ,serves the public use and interest. 13. JURISDICTION. Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. Based on the preceding findings, the Hearing Examiner makes the following • RECEIVED JUL 2 2 2009 CONCLUSIONS: CITY OF YAKIMA PLANNING DIV. 1. The Hearing Examiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and Planned Development applications.. 2. Subject to conditions identified through Planning Staff and Design Services Team review, the Master Planned Development Overlay application satisfactorily addresses the review criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as provided for YMC § 15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Page 9 of 12 Toscana I PD #001-09, PLP #001-09 DOC. INDEX • • 4. Subject to conditions identified through Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC, the preliminary plat of Toscana I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) infrastructure, including public facilities and services needed to serve the development, and (4) the characteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicable review criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the preliminary plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. The application by Envi7age Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and preliminary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application approval and shall be incorporated in the Development Agreement required for the Master Planned Development before its final execution. 2. All proposed construction is subject to plan review, inspections, and building permits. 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably unforeseen emergencies. Page 10 of 12 Toscanna I PD #001-09, PLP #401-09 RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX Master Planned Development Overlay Conditions: JUL 2 2 200g CITY OF YAKIMA PLANNING DI. 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo Type (2) Review. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. Prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association as provided in the Development Agreement, AFN ." 3. The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat (YMC Title 12). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the final plat. Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # C-1 • • Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run . Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22nd DAY OF JULY, 2009. Page 12 of 12 Toscanna I PD #001-09, PLP #001-09 RECEIVED JUL 2 2 2009 CITY OF YAKIM}, PLANNING DIV DOC. INDEX # c -I USINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6/3p For Meeting of: August 18, 2009 ITE _' TITLE: "Closed Record" public hearing to consider the Hearing Examiner's recommendation on the Preliminary Plat and Master Planned Development of Toscanna, Phase 1 SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner, 509-575-6162 SU MARY EXPLANATION: Toscanna is a planned development / long plat submitted by Envizage Development Group that will subdivide approximately 11.05 acres of land into 66 common -wall lots. This will be a gated community utilizing private streets with sidewalks on one side only. On July 9, 2009, the Hearing Examiner held an "Open Record" public hearing to consider this project On July 22, 2009, the Hearing Examiner issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. - Resolution X Ordinance Contract Other Hearing Examiner's Recommendation, Preliminary Plat Funding Source Approval For Submittal: , - City Manager STAFF RECO `ENDS ,T N: Accept the Hearing Examiner's recommendation. OAR'S -- ECOMENDATION: On July 22, 2009, the Hearing Examiner recommended that the Master Planned Development and Preliminary Plat of Toscanna, Phase 1, be approved. COUNCIL ACTION: To: Honorable Mayor and Members of City Council Dick Zais, City Manager From: WC, Director of Community and Economic Development Date: August 18, 2009 Subject: Council Items 6A and 6B (Toscanna Phase 1) Item 6A: Please hold the Closed Record hearing for Toscanna Phase 1, and approve or disapprove this preliminary plat, unless additional information is needed. Item 6B: It is requested that if you approve the preliminary plat, this related but separate hearing be rescheduled to your September 1, 2009 Council meeting. The developer has been unable to complete changes to this agreement required by the Hearing Examiner. • TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#00109, SEPA#020-09 City Council Open Record Public Hearing for Development Agreement August 18, 2009 EXHIBIT LIST Applicant: Toscanna LLC / Envizage Development Group File Number: PD#001-09, PLP#001-09, SEPA#020-09 Site Address: Vicinity of Fechter Road & North 40th Avenue Staff Contact: Joseph Calhoun, Assistant Planner Table of Contents CHAPTER A Agenda Statement CHAPTER B Proposed Resolution CHAPTER C DRAFT Development Agreement - Toscanna LLC • TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER A Agenda Statement S"DOCD_®Celft0"iT DATfiE A-1 Agenda Statement: Open Record Development Agreement Public Dearing 08/18/2009 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. B For Meeting of: August 18, 2009 ITEM TITLE: "Open Record" public hearing on the proposed Development Agreement for the Master Planned Development/Preliminary Plat of Toscanna, Phase 1. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner, 509-575-6162 SUMMARY EXPLANATION: "Open Record" public hearing to consider a Development Agreement between the City of Yakima and Envizage Development Group for the proposed Master Planned Development/Preliminary Plat of Toscanna, Phase 1. The Development Agreement is a condition of approval for a Master Planned Development. On July 9, 2009, the Hearing Examiner held an "Open Record" public hearing, to consider application. On July 22, 2009, the Hearing Examiner issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. Resolution X Ordinance Contract Other Development Agreement Funding Source Approval For Submittal: City Manager Staff Recommendation: Adopt the Resolution authorizing the signing of the Development Agreement. Board Recommendation: On July 22, 2009, the Hearing Examiner recommended that the Master Planned Development and Preliminary Plat of Toscanna, Phase 1, be approved. Council Action: DOC. INDEX # A -I • • • TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER B Proposed Resolution DOC -',.•.` ar'-'} a iSw x:z a - iY-s'£ t DOCUME ' ,,L �'a't � � DATE B-1 Proposed Resolution 08/18/2009 • RESOLUTION NO. R -2009- A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Toscanna, LLC (hereinafter "Developer"), property owners, to provide for the terms and conditions for a Master Planned Development and Preliminary Plat of property located in the vicinity of Castlevale Road and Seattle Slew Run (hereinafter "Project"). WHEREAS, the City of Yakima (hereinafter "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 - .210; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinance, which originally zoned the property Two -Family Residential; and WHEREAS, by application dated May 11, 2009, Developer proposed the planned development and subdivision of 11.05 acres of land, containing a portion of Assessor's Parcel Number 181315-31011, legally described in Exhibit "A", attached hereto and incorporated herein by this reference, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington (hereinafter "Subject Property"); and WHEREAS, on May 18, 2009, the City issued a Notice of Application, Environmental Review, and Public Hearing for the Project; and WHEREAS, on June 12, 2009, the City issued a Final Mitigated Determination of Nonsignificance for compliance with the State Environmental Policy Act; and WHEREAS, on July 9, 2009, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested Project; and WHEREAS, on July 22, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation") regarding PD#001-09 and PLP#001-09 recommending that the Project be approved, subject to conditions; and WHEREAS, at a closed -record public hearing held on August 18, 2009, the City Council considered the requested rezone, including the documents and other evidence, which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct DOC. INDEX # E3_I Qc)res/Toscanna - Development Agreement and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decision for the execution of a development agreement between Developer and the City to implement the conditions set forth in the Final Decision; and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Development Agreement, Exhibit "B", attached hereto and incorporated herein by this reference. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety, and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th day of August, 2009. David Edler, Mayor ATTEST: City Clerk (jc)reslToscanna - Development Agreement DOC. INDEX # $_1 • • EXHIBIT "A" LFC AL DESCRIPTION: PARCEL .4 THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE IS EAST, WI., LYING SOUTHERLY AND EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY: AND THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA, VALLEY CANAL COMPANY AND NORTHERLY OF A LINE BEGINNING ATA POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 659.90 FEET SOUTH OF THE NORTHEAST CORNER THEREOF: THENCE NORTH 86'40'00" WEST 1,115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF SAID CANAL: EXCEPT THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ,4T THE SOUTHWEST COMER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER: THENCE SOUTH 89'59'18"EAST ALONG THE SOUTH LINE THEREOF 65813 FEET TO THE SOUTHEAST COMER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15: THENCE SOUTH 8958'52"EAST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAIp SECTION 15 A DISTANCE OF 6911 FEET TO THE WESTERLY RIGHT OF WAY OF NORTH 40TH AvENUE, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1050.00 FEET: THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A CENTRAL ANGLE OF 0'09'48', AN ARC LENGTH 2.99 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 02'2139"EAST TO THE POINT OF BEGINNING OF SAID LINE: THENCE NORTH 89'58'52' WEST 304.46 FEET TO THE POINT OF CURVATURE OFA CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAYING A RADIUS OF 225.00 FEET: THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING .4 CENTRAL ANGLE OF 64'31'09" AN ARC LENGTH OF 253.16 FEET: THENCE NORTH 25•21142" WEST 466.12 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET: THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 33'00'26' AN ARC LENGTH OF 86.41 FEET TO THE YAKIMA VALLEY CANAL COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE. DOC. INDEX # TOSCANNA LLC/ ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER C DRAFT Development Agreement — HE Recommendation C-1 Hearing Examiner's Recommendation 07/22/2009 C-2 DRAFT Development Agreement 08/18/2009 • • DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND TOSCANNA, LLC RECEIVED MAY 12 2009 CITY OF YAKIMA PLANNING DIV. THIS DEVELOPMENT AGREEMENT ("agreement") is entered into between the City of Yakima, a Washington municipal corporation ("City"), and Toscanna LLC, a Washington limited liability company ("Developer"). WHEREAS, the City is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its. jurisdiction pursuant to RCW 36.70B.170 - 36.70B.210, YMC 14.10.040(B) and YMC 14.10.090; and WHEREAS, Developer has obtained development rights for a portion single parcel of approximately 22.63 acres located along Castlevale Road across from the Seattle Slew Run Intersection, Yakima, Washington (the "property"). The property is legally described in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full; and WHEREAS, Developer is proposing a 66 lot subdivision and creation of a planned development with certain amenities for the property; and WHEREAS, Developer intends to take certain steps to comply with environmental and land use requirements related to development of the property; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property Two Family Residential; and WHEREAS, the parties intend this agreement to guide the current and future uses of the property; now, therefore, Development Agreement - 1 Doc. INDEX RECEIVED MAY 1 2 2009 IN CONSIDERATION OF mutual benefits, the parties agree as follows: CITY OF YAKIIvi PLANNING DIV. 1. The proposed development. Developer's proposal for the property is hereby acknowledged and warranted to be for the purpose of constructing a residential subdivision and planned development. Developer specifically acknowledges and warrants that the proposal for the property is construction of not more than 66 single-family dwelling (common wall) on separate lots together with accompanying amenities. The Developer's preliminary plat/planned development application has been filed with the City. Exhibit B contains information about the application. It has been reviewed and recommended for approval by the Yakima Urban Area Hearing Examiner to the Yakima City Council in the form of a Hearing Examiner's Recommendation dated on or about , 2009, attached hereto as Exhibit C and incorporated herein by this reference as if set forth in full. The said subdivision and planned development is referred to herein as the "proposed development." 2. Conditions of approval. Developer agrees to abide by the terms and conditions of approval recommended by the Hearing Examiner, including construction of all infrastructure described on the plat/planned development site plan map attached hereto as Exhibit H and incorporated herein by this reference as if set forth in full, including as the same may be revised to conform with conditions of approval set forth in the Hearing Examiner's Recommendation. Developer agrees that the use of the property pursuant to this agreement shall be consistent with the project description identified in the Washington State Environmental Policy Act Mitigated Determination of Nonsignificance issued by the City of Yakima on , 2009, a copy of which is attached 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, or as may otherwise be required by applicable federal, state, and local law including but not limited to the City's Title 12 and all other applicable development standards, all as the same currently exist or may be hereafter amended; provided, however, that the procedures and substantive rules of the City's Planned Development ordinances, as codified at Ch. 15.28. Yakima Municipal Code and attached hereto as Exhibit E and incorporated herein by this reference, shall guide and control all matters related to said ordinances and to the planned development aspect of the proposed development until this agreement terminates as provided elsewhere herein. Developer agrees to make future applications or submissions as may be necessary to fully implement any phased review of the proposed development and any specific project proposed therein. Developer agrees to abide by all such conditions as are identified as a part of the Developer's Open Space Management Plan attached hereto as Exhibit F and the Declaration of Covenants, Conditions, Restrictions and Easements for Toscanna attached hereto as Exhibit G. Both incorporated herein by this reference as if set forth in full. 3. Appeals. In the event that any of the permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval, are or may be appealed, then in that event the City's Development Agreement - 2 DOC. INDEX • • •. • obligations under this agreement, and under the above -referenced development entitlements, shall be suspended, and may be terminated in whole or in part to the extent that the City reasonably believes necessary to maintain consistency between this agreement (and/or the above -referenced development entitlements) and the conclusion of any appellate proceedings associated with the proposed development. Developer agrees not to appeal any of the previously required permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval. 4. Default/Notice. No party shall be in default under this agreement unless it has failed to perform as required for a period of 30 days after written notice of default to the other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. The party not in default under this agreement shall have all rights and remedies provided by law or equity, including without limitation, damages, specific performance or writs to compel performance or require action consister� with this agreement. } "�EIVED 5. No third party beneficiary. This agreement is made and entered into for the sole �n� Y .t 2 2009 protection and benefit of the parties hereto and their successors and assigns. No other �,� � d uF person shall have any right of action based upon any provision of this agreement. '°i�aNN�NG ��V A 6. Third party legal challenge. In the event any legal action or special proceeding is commenced against the City by any person or entity other than a party to this agreement to challenge this agreement or any provision herein, including any of the permits, approvals, or entitlements associated with this agreement, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer. In such event, Developer shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to reasonable attorneys fees and expenses of litigation and damages awarded to the prevailing party or parties in such litigation. The Developer shall not settle any such tendered lawsuit without the consent of the City, which consent shall not be unreasonably withheld. 7. Term. This agreement shall continue in force for a period of thirty-five (35) years unless extended or terminated as provided herein or when the property has been fully developed, whichever first occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole reasonable discretion of the City. Provided, however, that termination of this agreement shall not affect any of Developer's obligations to comply with the Yakima Urban Area Comprehensive Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements approved with respect to the property or proposed development. Termination of this agreement shall not affect any of Developer's obligations herein which expressly or by implication are to continue after the termination of this agreement; notwithstanding the generality of the foregoing, the parties expressly agree and covenant that the streets within the proposed development shall be required to be private and shall never be accepted by the City of Yakima as public streets. Development Agreement - 3 DOC INDEX MAY T2 2009 CITY OF Y AKhyte, PLANNING DIV. 8. City's reservation of rights. The parties intend this agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170. Provided, however, that this agreement shall be construed to exclude from the scope of this agreement and to reserve to the City the authority which is prohibited by law from being subject to the mutual agreement with consideration of parties acting under Ch. 36.70B RCW. Without limitation, this shall include the right of the City to impose new or different conditions on the property to the extent required by a serious threat to public health and safety. Developer acknowledges that any phased approach to developing the proposed development contemplates and requires the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA and other applicable law. Nothing in this agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City or any of its officials or officers in complying with or applying applicable law during review of specific project proposals or other subsequent phases of the proposed development. 9. Developer's warranties and representations. Developer represents and warrants to City that Developer has a property interest in the property, and that the covenants and obligations of Developer in this agreement and in the permits, approvals, and entitlements associated with this agreement and the proposed development do not violate or constitute a default under or breach of any agreement between Developer and any third party by which Developer is bound. Developer represents and warrants to City that Developer is fully authorized to enter into and perform its obligations under this agreement. Developer represents and warrants to City that there is neither pending nor, to the knowledge of Developer, any threatened legal action, arbitration or administrative hearing before any governmental authority to which Developer is a party and which could enjoin or restrict Developer's right or ability to perform its obligations under this agreement. 10. Modification of an approved master planned development overlay. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (1) review as defined in YMC Chapter 15.13. The administrative official shall review modifcations to adopted master development plan and/or development agreement as a minor modification if it has been determined that: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses; 4. The amendment does not materially change parking or traffic circulation within the development; Development Agreement - 4 DOC. INDEX # 67, P- • • 'l°=CEIVED A _,Y 5. The amendment does not materially change setbacks, buffers, landscaping, 2 2005 shoreline, critical areas, or other mitigation measures; ‘•'1' Y tUF YAKIMA 6. The amendment does not materially impact the overall design of the approved PLANNING DIV. master plan; and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. Major modifications will undergo Type (3) review as defined in YMC Chapter 15.15 and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. The following criteria are established to assist this determination: 11. Vesting: The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement is recorded, inclusive of specific conditions and standards set forth in said Development Agreement. The vesting period shall be for the "Term" as stated in the development agreement and shall be agreed upon by the parties to the Development Agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the Development Agreement. Vesting of rights also include reservation of traffic capacity on public streets and roadways and capacity in public facilities such as sewer and water for a period of five (5) years. 12. Severability. If any provisions of this agreement are determined to be unenforceable or invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then the remainder of this agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. 13. Agreement to be recorded. This agreement may be modified only by written agreement of the parties hereto. This agreement or a memorandum thereof shall be recorded against the property as a covenant with the land which touches and concerns the property and shall be binding upon the City and Developer, their heirs, successors and assigns, and all future owners of the property. Developer shall be responsible for the costs of recording. 14. Agreement approval. This agreement may only become effective upon execution by -the City of Yakima following adoption of a resolution approving the same following a public hearing in compliance with Ch. 36.70B RCW. Development Agreement - 5 DOC. INDEX # G - ;- 15. Entire agreement. This agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. AGREEMENT DATED this day of , 2009. CITY OF YAKIMA TOSCANNA, LLC, a Washington limited liability company By: By: Richard A. Zais, Jr. Name: City Manager Title: ATTEST: Deborah Moore City Clerk STATE OF WASHINGTON ) ) ss. County of Yakima ) • RECEIVED MAY 2 2009 CITY OF YAKIMA PLANNING DIV. I certify that I know or have satisfactory evidence that Richard A. Zais, Jr., personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima, to be the free and voluntary act of such party . for the uses and purposes mentioned in the instrument. DATED: , 2009. Development Agreement - 6 Notary Public Residing at Commission expires: Doc. INDEX # • STATE OF WASHINGTON ) ss. County of Yakima RECEIVED MAY 1 2 2009 CITY OF YAKitvtM PLANNING DIV. I certify that I know or have satisfactory evidence that personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Teammates, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2008. Development Agreement - 7 Notary Public Residing at Commission expires: DOC. INDEX # G-2- City of Yakima, Washington Office of the Hearing Examiner Master Planned Development and Preliminary Subdivision Application By Envizage Development Group For the 66 Unit Toscanna I Development in the R-1 and R-2 Zone at Castlevale Rd. and Seattle Slew Run. RPDA VED JUL 2 2 20090 CITE` OF Y, 1%4 PLA te'i�',it ni v. File No. PD #001-09, PLP #001-09 Hearing Examiner's Recommendation INTRODUCTION. Envizage Development Group applied for a Master Planned Development Zoning Overlay and Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the Hearing Examiner and the applicant prior to the hearing. Staff analysis and recommendations for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road. The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMMARY OF RECOMMENDATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. DOC. INDEX #6-d • • • • JUL 2 2 20ny CITY OF yAxlm,4 Based on the staff report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following FINDINGS. 1. APPLICANT. The applicant is Envizage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. OWNER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908_ 3. LOCATION AND LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for unspecified future development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. CURRENT SITE CONDITIONS. An irrigation canal follows and demarcates the property's western boundary. The western portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage easement runs from the southwest corner easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kern .Road extends to the property from the east from its intersection with North 40th Avenue. Electrical and telecommunications services, natural gas, and public water and sewer services are available in the vicinity. Page 2 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX 7. CURRENT ZONING AND USE. The subject property is zoned Two -Family Residential (R-2) in the eastern portion and Single Family Residential (R-1) in the western portion. It was previously used as an orchard and contains a single family dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used for single family homes. Adjacent properties have the following characteristics: • RECEIVED Location Zoe Land Use North R -1/B-1 Residential/Vacant Land JUL 2 2 2009 South R -1/R-2 Residential West R-1 Residential CITY OF YAKIMA East R -1/R-3 ResidentialfMobile Home Park PLANNING DIV. 8. COMPREHENSIVE PLAN. The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRONMENTAL REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX • • • 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. The MDNS was not appealed. RECEIVED JUL 2 2 2009 CITY OF YAKIiViH PLANNING DIV. 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # c 10. PUBLIC NOTICES. "". JUL 2 2 2009 CITY OF YAiii PLANNING This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. MASTER PLANNED DEVELOPMENT OVERLAY ANALYSIS. a. Master Plan Overlay Review Criteria. Generally, allowable uses in a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and f). Common wall units are single family residences sharing a common with other similar units at the lot boundary. Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in YMC §15.28.040.D, and findings regarding the criteria are set forth in turn below. b. Does the Master Plan Development application demonstrate the economic and efficient use of land and provide for an integrated and consistent development plan for the site? The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide).. The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall residential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design? The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Page 5 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX r • • • • The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City Standards at the expense of Homeowners Association established by the Development Agreement (AFN ) pertaining to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of development is completed? This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. No agency or public comments indicate that the respective phases cannot stand alone in the event that other phases are not developed. f. Does the Master Planned Development contain design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential significant off-site impacts including noise, shading, glare, and traffic been identified and mitigation incorporated to the extent reasonable and practical? The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded RECE1"r- Page 6 of 12 Toscanna I PD #001-09, PLP #001-09 JUL. _ u,. ui 1 r ur YHrcgn,h PLANNING DIV. DOC. INDEX that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, resulting in the functional and visual appearance of one integrated project? The project is for a private/gated Master Planned Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. i. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. J. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district? There are no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this fording. k. Is the proposed development designed to be consistent with . the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? • • This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. 12. PRELIMINARY SUBDIVISION ANALYSIS a. Subdivision Review Criteria. Open record hearings on preliminary subdivision reviews are conducted to examine and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # G-1 • 1 • 4. As required by Chapter 58.17 RCW, the proposed subdivision must provisions for: a. Public health, safety and general welfare, b. Open spaces, c. Drainage ways, d. Streets or roads, alleys, and other public ways, e. Transit stops, f Potable water supplies, irrigation and other water suppliers, g. Sanitary waste disposal, h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. Other planning features that assure safe walking conditions for students who walk to and from school; make appropriate E�EjVED -IUL 2 2 2009 CITY OF Y�4Klti P�Nl�l11�G dl� Based upon those standards the Hearing Examiner is to make a fording that the public use and interest will be served through the approval of the subdivision. See YMC 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the staff report, the proposal satisfied zoning standards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the draft Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # G_� This compatibility is reflected in the supportive public comments received from neighbors during the open record hearing.0 The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by agencies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development standards. Those comments and proposed conditions are set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master Planned Development Overlay on the subject property, and, therefore ,serves the public use and interest. 13. JURISDICTION. Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. Based on the preceding findings, the Hearing Examiner makes the following • RECEIVED JUL 2 2 2009 CONCLUSIONS: CITY OF YAKIMA PLANNING DIV. 1. The Hearing Examiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and Planned Development applications.. 2. Subject to conditions identified through Planning Staff and Design Services Team review, the Master Planned Development Overlay application satisfactorily addresses the review criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as provided for YMC § 15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Page 9 of 12 Toscana I PD #001-09, PLP #001-09 DOC. INDEX • • 4. Subject to conditions identified through Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC, the preliminary plat of Toscana I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) infrastructure, including public facilities and services needed to serve the development, and (4) the characteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicable review criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the preliminary plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. The application by Envi7age Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and preliminary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application approval and shall be incorporated in the Development Agreement required for the Master Planned Development before its final execution. 2. All proposed construction is subject to plan review, inspections, and building permits. 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably unforeseen emergencies. Page 10 of 12 Toscanna I PD #001-09, PLP #401-09 RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX Master Planned Development Overlay Conditions: JUL 2 2 200g CITY OF YAKIMA PLANNING DI. 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo Type (2) Review. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. Prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association as provided in the Development Agreement, AFN ." 3. The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat (YMC Title 12). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the final plat. Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna 1 PD #001-09, PLP #001-09 DOC. INDEX # C-1 • • Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run . Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22nd DAY OF JULY, 2009. Page 12 of 12 Toscanna I PD #001-09, PLP #001-09 RECEIVED JUL 2 2 2009 CITY OF YAKIM}, PLANNING DIV DOC. INDEX # c -I • r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. cP B For Meeting of: August 18, 2009 ITEM TITLE: "Open Record' public hearing on the proposed Development Agreement for the Master Planned Development/Preliminary Plat of Toscanna, Phase 1. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner, 509-575-6162 SU`..';"At"Y EXPLANATION: "Open Record" public hearing to consider a Development Agreement between the City of Yakima and Envizage Development Group for the proposed Master Planned Development/Preliminary Plat of Toscanna, Phase 1. The Development Agreement is a condition of approval for a Master Planned Development. On July 9, 2009, the Hearing Examiner held an 'Open Record" public hearing, to consider application. On July 22, 2009, the Hearing Examiner issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. Resolution X Ordinance Contract Other Development Agreement Funding Source Approval For Submittal: City Manager STAFF RECOMMENDATION: Adopt the Resolution authorizing the signing of the Development Agreement. BOARD RECOM `s ENDATION: On July 22, 2009, the Hearing Examiner recommended that the Master Planned Development and Preliminary Plat of Toscanna, Phase 1, be approved. COUNCIL ACTION: TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD # 001-09, PLP# 001-09, SEPA# 020-09 City Council Closed Record Public Hearing for Long Plat August 18, 2009 EXHIBIT LIST Applicant: Toscanna LLC / Envizage Development Group File Number: PD#001-09, PLP#001-09, SEPA#020-09 Site Address: Vicinity of Fechter Road & North 40th Avenue Staff Contact: Joseph Calhoun, Assistant Planner Table of Contents CHAPTER AA Proposed Resolution CHAPTER BB Hearing Examiners Recommendation CHAPTER A Staff Report CHAPTER B Site Plan CHAPTER C Maps CHAPTER D DST Review & Agency Comments CHAPTER E SEPA Checklist CHAPTER F Applications CHAPTER G Public Notices CHAPTER H Supplemental Information • TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER AA Proposed Resolution �` OC G.b.-...,F«t<... _ ,.,, rk� ,,,fid '. "�"��'' '� ^°' ' ti �p�C�l4'.fld.1NT . . rs r �. � -Y^ � �''`' �` i � �, "Gf � '� may`. std' ^� & "'3 r � ".e, �•.vS'n: <y'Y3 � �l �'��. sru% �n �i»A "'"l t �' S` -£L �2'.S ; r +3- 4 ^ ,�"" AT 1' � � t>" AA -1 Proposed Resolution for Adoption by City Council 08/18/2009 AA -2 Agenda Statement — City Council Closed Record Public Hearing 08/18/2009 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. A For Meeting of: August 18, 2009 ITEM TITLE: "Closed Record" public hearing to consider the Hearing Examiner's recommendation on the Preliminary Plat and Master Planned Development of Toscanna, Phase 1. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner, 509-575-6162 SUMMARY EXPLANATION: Toscanna is a planned development / long plat submitted by Envizage Development Group that will subdivide approximately 11.05 acres of land into 66 common -wall Tots. This will be a gated community utilizing private streets with sidewalks on one side only. On July 9, 2009, the Hearing Examiner held an "Open Record" public hearing to consider this project. On July 22, 2009, the Hearing Examiner issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. Resolution X Ordinance Contract Other Hearing Examiner's Recommendation, Preliminary Plat Funding Source Approval For Submittal: City Manager Staff Recommendation: Accept the Hearing Examiner's recommendation. Board Recommendation: On July 22, 2009, the Hearing Examiner recommended that the Master Planned Development and Preliminary Plat of Toscanna, Phase 1, be approved. Council Action: DOC. INDEX RESOLUTION NO. R -2009- A RESOLUTION approving a preliminary long plat and planned development, for the Preliminary Plat of Toscanna, Phase 1, a sixty-six lot common -wall subdivision, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington. WHEREAS, on July 9, 2009, the Hearing Examiner held a public hearing to consider the application for a Master Planned Development / sixty-six lot common -wall subdivision known as Toscanna, Phase 1, submitted by Envizage Development Group (PLP #001-09 & PD #001-09); and, WHEREAS, on July 22, 2009, the Hearing Examiner issued his Recommendation for approval of the proposed plat subject to several conditions; and, WHEREAS, the proposed Application conforms with the City of Yakima Zoning Ordinance, Subdivision Ordinance, Development Standards Ordinance, and other applicable land use regulations; and, WHEREAS, at the Closed Record Public Meeting on August 18, 2009, after notice duly given according to the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff to prepare a resolution reflecting the same; and, WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Application; and, WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution. Section 2. Incorporation of Hearing Examiner's Recommendation and Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of approval of the Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW § 58.17.110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. (jc)res/Toscanna Phase 1 DOC. INDEX • • • ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th day of August, 2009. ATTEST: City Clerk (jc)res/Toscanna Phase 1 David Edler, Mayor DOC. INDEX Exhibit "A" Note: Please see DOC Index# BB -1 in this packet for Exhibit "A". ooc. INDEX # A4-1 • TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER BB Hearing Examiner's Recommendation QCT El . OCUME '' L Y v : ie kDATE; BB -1 Hearing Examiner's Recommendation "Exhibit A" 07/22/2009 • City of Ya 1 a, Washington 0 ce of the " earring Examiner Master Planned Development and Preliminary Subdivision Application By Envizage Develop 41, e r t Group For the 66 Unit Toscaina 1 Development in the R-1 a,i: d R-2 Zo and Seattle Slew Run. e at C-=stlevale Rd. RECEIVED JUL 2 2 2009 CIPLANNING DIVC Tcar AKra► File No. PID #OO1-09, PLP #001-09 Hearing Examiner's Recoinmendation INTRO UNCTION. Envizage Development Group applied for a Master Planned Development Zoning Overlay and Preliminary Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning staff provided a staff report and a set of hearing exhibits to the Hearing Examiner and the applicant prior to the hearing. Staff analysis and recommendations for application approval were presented at the hearing by Assistant Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road. The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMMARY OF RECOMMENDATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. DOC. INDEX •' JUL 2 2 2009 QTc' OF YAK! Based on the staff report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following FINDINGS. 1. APPLICANT. The applicant is Envizage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. OWNER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908. 3. LOCATION AND LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's tax parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private. access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for unspecified future development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. CURRENT SITE CONDITIONS. An irrigation canal follows and demarcates the property's westem boundary. The western portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage easement runs from the southwest comer easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kem Road extends to the property from the east from its intersection with North 40th Avenue. Electrical and telecommunications services, natural gas, and public water and sewer services are available in the vicinity. Page 2of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX 68-1 • • • • 7. CURRENT ZONING AND USE. The subject property is zoned Two -Family Residential (R-2) in the eastern portion and Single Family Residential (R-1) in the western portion. It was previously used as an orchard and contains a single family dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used for single family homes. Adjacent properties have the following characteristics: RECEIVED Location Z(L_g Land Use North R -1/B-1 Residential/Vacant Land JUL 2 2 2009 South R -1/R-2 Residential West R-1 Residential CITY OF YAKIMA East R -1/R-3 Residential/Mobile Home Park PLANNING DIV. 8. COMPREHENSIVE PLAN. The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRONMENTAL REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (MC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. . Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. - These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. The MDNS was not appealed. RECEIVED JUL 2 2 2009 CITY OF PLANNING DIV ~ 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX • • 10. PUBLIC NOTICES. • ri��1�B1�I;f� JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. MAS MR PLANNED DEVELOPMENT OVERLAY ANALYSIS. a. Master Plan Overlay Review Criteria. Generally, allowable uses in a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review. YMC §15.28.020(B)(1)(a, b and f). Common wall units are single family residences sharing a common with other similar units at the lot boundary. Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in YMC §15.28.040.D, and findings regarding the criteria are set forth in turn below. b. Does the Master Plan Development application demonstrate the economic and efficient use of land and provide for an integrated and consistent development plan for the site? The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide). The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall residential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design? The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Page 5 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # �� _ The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City Standards at the expense of Homeowners Association established by the Development Agreement (AFN ) pertaining to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of development is completed? This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. No agency or public comments indicate that the respective phases cannot stand alone in the event that other phases are not developed. f. Does the Master Planned Development contain design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential sign ficant off-site impacts including noise, shading, glare, and traffic been identified and mitigation incorporated to the extent reasonable and practical? The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded Page 6 of 12 Toscanna I PD #001-09, PLP #001-09 JUL d UI:J i;l i if OF YAKIMA PLANNING DIV. DOC. INDEX #BB_� • • • • that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, resulting in the functional and visual appearance of one integrated project? The project is for a private/gated Master Planned Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. i. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. j. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district? There are no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this fording. k. Is the proposed development designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVE 12. PRELIMINARY S 6r IVISION ANALYSIS a. Subdivision Review Criteria. JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. Open record hearings on preliminary subdivision reviews are conducted to examine and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; - 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # B,g_� 4. As required by Chapter 58.17 RCW, the proposed subdivision must m provisions for: a. Public health, safety and general welfare, b. Open spaces, c. Drainage ways, d. Streets or roads, alleys, and other public ways, e. Transit stops, f. Potable water supplies, irrigation and other water suppliers, g. Sanitary waste disposal, h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidewalks, 1. Other planning features that assure safe walking conditions for students who walk to and from school; ake appropriate • RISCEivED JUL 2 2 2009 Cir'y OF t'AKim. PLANNING DIV/1 Based upon those standards the Hearing Examiner is to make a finding that the public use and interest will be served through the approval of the subdivision. See YMC 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the staff report, the proposal satisfied zoning standards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the draft Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8of12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX • • • This compatibility is reflected in the supportive public comments received from neighbors during the open record hearing. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by agencies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development standards. Those comments and proposed conditions are set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master Planned Development Overlay on the subject property, and, therefore ,serves the public use and interest. 13. JURISDICTION. Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. Based on the preceding findings, the Hearing Examiner makes the following RECEIVED 1UL 2 2 2009 CONCLUSIONS: CITY OF YAKIMA PLANNING DIV. 1. The Hearing Examiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envizage Development Group Preliminary Plat and Planned Development applications.. 2. Subject to conditions identified through Planning Staff and Design Services Team review, the Master Planned Development Overlay application satisfactorily addresses the review criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as provided for YMC § 15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Page 9 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # P�$-I 4. Subject to conditions identified through Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 YMC and Title 15 YMC, thepreliminary plat of Toscanna I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing fmdings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) infrastructure, including public facilities and services needed to serve the development, and (4) the characteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicable review criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the preliminary plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. The application by Envizage Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and preliminary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application approval and shall be incorporated in the Development Agreement required for the Master Planned Development before its final execution. 2. All proposed construction is subject to plan review, inspections, and building permits. 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably unforeseen emergencies. Page 10 of 12 Toscanna I PD #001-09, PLP #001-09 RECO ED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX *� -1 • • • • B. Master Planned Development Overlay Conditions: —'spa v E.; LI JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo Type (2) Review. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets.,Prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscanna Homeowners Association as provided in the Development Agreement, AFN 3. The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat (YMC Title 12). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the final plat. Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna I PD #001-09, PLP #001-09 DOC. INDEX # F38- Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22nd DAY OF JULY, 2009. Page 12 of 12 Toscanna I PD #001-09, PLP #001-09 CK D. SPURGIN HE RECEIVED Jul_ 2 2 2009 CITY OF YAKI1VIL. PLANNING DIV G EXAMINER PRO TEM DOC. INDEX r Bg_I • • TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER A Staff Report ..-. " x..--- ■q °, , `$`�' OCJt �,n� u '.. ,'F"n, i,�Ae j'"i,,, Ta' i .�'�•')4a R°� ,3Y'Mt " Ste' ec y A-1 Staff Report 07/09/2009 City of Yakima, Washington Division of Environmental Planning Staff Report Hearing Examiner Public Hearing July 9, 2009 Planned Development, Preliminary Long Plat, and SEPA Environmental review, known as Toscanna Phase 1. ( ( (. ( ( PD #001-09 PLP #001-09 Staff Contact: Joseph Calhoun Assistant Planner REQUEST The proposed Master Planned Development is a 66 -lot common -wall subdivision in the Two - Family Residential (R-2) zoning district. SEPA environmental review was required for subdivision and the number of proposed dwelling units. The subject property is in the vicinity of Castlevale Road and Seattle Slew Run. SUMMARY OF RECOMMENDATION Staff recommends that this application be approved, subject to conditions. FINDINGS APPLICANT: Envizage Development Group, 200 Galloway Drive, Yakima, WA 98908 LOCATION: Vicinity of Castlevale Road and Seattle Slew Run PARCEL NO: 181315-31011 HEARING EXAMINER JURISDICTION Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. BACKGROUND On May 11, 2009, the City of Yakima, Planning Division, received Master Planned Development, Preliminary Long Plat, and SEPA Environmental Review applications from Envizage Development Group. A previous application to construct duplexes and multi -family dwelling units on the subject property was denied. ZONING AND LAND USE The subject property is zoned Two -Family Residential (R-2). The R-2 zoning district is intended to establish and preserve residential neighborhoods for detached single-family dwellings and duplexes and other uses compatible with the intent of the district; and to locate residential development with densities up to twelve dwelling units per acre in areas receiving a full range of public services including public water and sewer service, police and fire protection. The district is characterized by up to fifty percent lot coverage, access via local access streets and collectors, one and two story buildings, some clustering of units, and large front, rear and side yard setbacks. (YMC § 15.03.020(C)). The property was previously used as an orchard and contains a single family dwelling and accessory buildings which are to be demolished. Adjacent properties have the following characteristics: DOC. Toscanna LLC t INDEX PD #001-09; PLP #001-09 Location Zoning Land Use North R -1/B-1 Residential/Vacant Land South R -1/R-2 Residential West R-1 Residential East R -1/R-3 Residential/Mobile Home Park ZONING ORDINANCE Planned Development: A Master Planned Development Overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities (YMC § 15.28.010(A)). A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities, or other areas or facilities. A residential Master Planned Development is authorized in any residential zone. The residential Master Planned Development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units (YMC § 15.28.020(A)). Uses in a residential Master Planned Development include: one -family, two-family and multi- family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review as set forth in Table 4-1 (YMC § 15.28.020(B)(1)(a, b and f)). Master Planned Development - Review Criteria: The Hearing Examiner shall evaluate a Master Planned Development application and other evidence submitted into the record, and shall issue a recommendation based upon the following considerations and criteria (staff response in italics): 1. The Master Plan Development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units are Class (1) permitted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 feet wide). The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and common -wall lots. 2. The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Toscanna LLC PD #001-09; PLP #001-09 2 DOC. INDEX A_I • • The proposed residential uses within the planned development are consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet City Standards. The only deviation from City Standards is the proposed sidewalk on one side of the private streets. This is acceptable to City Engineering, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be reconstructed to meet the City Standards at that time.- 3. ime." 3. Consideration shall be given to "low impact development" concepts. "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. 4. There will be adequate infrastructure capacity available by the time each phase of development is completed. This project is proposed to be completed in four phases. Temporary turnarounds are proposed while the interim phases are being constructed. Utilities will be provided for during individual phase construction. 5. The Master Planned Development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques. The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. 6. All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical. This requirement has been satisfied. The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. Toscanna LLC PD #001-09; PLP #001-09 3 DOC. INDEX # A-1 7. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, and results in the functional and visual appearance of one integrated project. The project is for a private/gated Master Planned Development. Open spaces for the use of residents is provided for. Sidewalks are provided on one side of the interior private streets. 8. The proposed project is not adverse to the public health, safety, or welfare. The mitigation measures of the SEPA MDNS dated June 12, 2009, along with the recommended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. 9. The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. There are no modifications being requested to the development standards of the R-2 zoning district. The request to have sidewalk on one side of the private streets does not have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confirmation of this finding. 10. The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima. Does not apply. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. Development Agreement: A draft Development Agreement was submitted as part of the application for a Planned Development. The following elements, from YMC § 15.28.030(B)(5), are part of the Development Agreement: 1. Narrative description of project and objectives; 2. Summary of development standards; 3. Site plan elements; 4. Development phasing, including times of performance to preserve vesting; 5. Public meeting summaries; 6. Performance standards and conditions addressing the above items; 7. Criteria for determining Major vs. Minor modifications and amendments; and, 8. Property owner signature. The draft Development Agreement shall be modified, as necessary, to include a summary of this and future public meetings. The Minor Modifications section (Toscanna Development Agreement, p. 4-5) shall be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. Site Design and Improvement Standards: YMC Ch. 15.05 is designed to establish certain basic development requirements. These are the minimum requirements to assure land use compatibility and promote the public health, safety and welfare. The proposed project meets development requirements as follows: Toscanna LLC PD #001-09; PLP #001-09 4 DOG. INDEX # A- -1 • • Maximum Lot Coverage: Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. The intent in the R-2 district is to provide areas for landscaping and recreation. The maximum lot coverage in the R- 2 district is 50%. The applicant indicates that 50% lot coverage will be the maximum for the common -wall lots. The proposed common lawn areas will provide additional space for landscaping and recreation. Structure Setbacks: In the residential districts, structure setbacks are intended to provide light, air and emergency access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoining property owners (YMC § 15.05.020(D)). The proposed development meets all applicable setback standards for the R-2 zone. Maximum Building Height: The maximum building height in the R-2 zoning district is 35 - feet (YMC Ch. 15.05, Table 5-1). The tallest proposed building height is 35 -feet, which meets the standard. Sitescreening: The purpose of YMC Ch. 15.07 is to: establish . sitescreening standards to provide a visual buffer between uses of different intensity, streets, and structures; reduce erosion and stormwater runoff; protect property values; and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, buildings or parking areas. The developer is proposing Sitescreening Standard "C" along the east and south property lines, adjacent to the mobile home park. SUBDIVISION This preliminary subdivision adheres to the following standards of YMC § 14.20.100(A)(1-5): 1. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. 2. The proposed subdivision is consistent with the City of Yakima's Comprehensive plan. The future land use designation of the property is Medium Density Residential. 3. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance. 4. As required by RCW Ch. 58.17, the proposed subdivision makes appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe waking conditions for students who walk to and from school. 5. The proposed subdivision serves the public use and interest. YAKIIVIA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. The medium density residential future land use designation is characterized by a mixture of single family detached residences and duplexes, with a variety of DOC 5 INDEX # A -I Toscanna LLC PD #001-09; PLP #00I-09 other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Policy 3.2.1: Goal 3.3: Policy 3.3.2: Policy 5.3.2: Build sustainable new neighborhoods. For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Preserve existing neighborhoods. Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options_ DEVELOPMENT SERVICES TEAM (DST) A DST meeting was held for this project on May 27, 2009. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed. Code Administration: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening the gate by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posed on one or both sides of the fire department access road as required by Section D103.6.1 of D103.6.2. Toscana LLC PD #001-09; PLP #001-09 6 DOC. INDEX # A -I • • In review of the City Engineer and staff, we are requiring Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20 -feet of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. Preliminary Addressing: Lot 1: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 811 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 813 Seattle Slew Run Lot 6: 629 ' Seattle Slew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 _ Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: 847 Seattle Slew Run Department of Ecology: An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. The water purveyor 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, Toscanna LLC PD #001-09; PLP #001-09 7 DOC. INDEX # A-1 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 RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. Engineering: The developer is planning to construct 66 common -wall dwelling units. The streets are planned to be private streets with sidewalks on one side of the street. These streets do not match our standard city street. If this development in the future intends these streets to become standard city streets, the developer will be required to meet and redo the streets to meet standards in place at the time of turning to the public road system. Stormwater: The applicant states that stormwater will be routed to water quality detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run-off, or excessive waste water." Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm (the 6 month, 24 hour storm), and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed professional engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. Traffic Engineering: Traffic Concurrency Review is required. Wastewater: The applicant's plans provide for sewer extension to properties adjacent to this planned development. Sewer line sizes to be determined during formal plan review. The 12 - inch stub to the existing lift station near the canal to be extended when development occurs on the remaining property. Water: There are existing 12 -inch and 8 -inch waterlines in Castlevale Road, and an existing 12 - inch waterline in Kern Way. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street connect to the existing waterline in Castlevale Rd. and in Kem Way. Size of waterline will be dependent on the required fireflow for the buildings. Placement of hydrants shall be addressed during the plan review phase. Yakima Regional Clean Air Agency (YRCAA): Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Agency (YRCAA). Burning is prohibited at all times during land clearing. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. Toscanna LLC PD #001-09; PLP #001-09 8 DOC INDEX • r TRAFFIC CONCURRENCY ORDINANCE This application has been reviewed and approved (May 20, 2009) for consistency with YMC Ch. 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial. street system and reserve capacity exists on all impacted streets. This project is expected to generate 34 PM Peak Hour Trips. ENVIRONMENTAL REVIEW The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction.. 6. The applicant will be required to retain the water quality storm on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the. DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. Toscanna LLC PD #001-09; PLP #001-09 9 DOC. INDEX / -J 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. PUBLIC NOTICE AND REVIEW This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. PROJECT CONSISTENCY During project review, it has been determined that this request is consistent with YMC § 16.16.020(A) for making a determination of Consistency as follows: a. The proposed common -wall units are Class (1) land uses in the R-2 zoning district; b. The density of the development is 9.63 units per acre, which is compatible with the R-2 zoning district and the Medium Density Residential Future Land Use Designation; c. Adequate public facilities are available to serve this site; and d. The proposed common .wall units shall meet all applicable development standards for construction in the R-2 zoning district. CONCLUSIONS 1. The proposed development is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan and the applicable standards of the Yakima Urban Area Zoning Ordinance and Subdivision Ordinance. 2. This project was reviewed and approved under the Transportation Concurrency Ordinance on May 20, 2009. 3. This project was subject to SEPA Environmental Review. An MDNS was issued on June 12, 2009, and contained 18 mitigation measures. 4. No written comments were received. RECOMMENDATION Staff recommends approval of the proposed Planned Development and Preliminary Long Plat of Toscanna Phase 1, subject to the following conditions: A. General Conditions: 1. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09), shall be complied with. 2. All proposed construction is subject to plan review, inspections, and building permits_ DOC. lo INDEX It A-1 Toscanna LLC PD #001-09; PLP #001-09 • • • B. Planned Development Conditions: 1. The applicant and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. As a condition of the Development Agreement the streets within the planned development shall be required to be private and shall never be accepted by the City of Yakima as public streets, unless reconstructed to City Standards. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications shall be changed so that Minor Modifications will undergo Type (2) Review. 5. The 18 mitigation measures of the SEPA MDNS, dated June 12, 2009 (File SEPA #020-09) shall be complied with. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be reconstructed to meet the City Standards at that time." 3. The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat (YMC Title 12). 4. All addresses shall be as specified in the findings of this report and must be clearly shown on the face of the final plat. In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. Toscanna LLC PD #001-09; PLP #001-09 11 DOC. INDEX g A_I t TOSCAlAE C/ ENVIZAGE DEVEEO NT GROUP PD#00109, PIMP#0014 9, SEPA#020-09 EXHI LIST CHAPTER B Site Pla S ;figg ix ■x4o-K'N},k1at� '*i f�1 # �TTTTT{> '!r 1 y�z�''�bsz l lYJ1YJ#k+,='NiF'v .pF N3 ati.�.'S��,s G - � - Y"k " ^`..'�s' ,,.,m+§ ,zt'r»A $x£,.y z-= L �� a a� 4i 4� 6 ._ r ..�F....-e:. ..-.. 2 u u#;'r, `?mA.. tw. "..h-x..,.kGw�.c' �,'3i-,''.�.�?'a �-: n x4.-'iw >�P3 ii i s� R 9}�,#',�'i$` x`` �i� 1i k4F�_ B-1 Site Plan Checklist 05/11/2009 B-2 Site Plans 05/14/2009 RIE WWE G101-4-10-09.drg Km 411E WY' 13, 2009 - 9:07am • A „ . ............ ....... ........ ..... '''''''''''''''''''''''''''' PROJECT NO. : 0l -12Y DRAWNBY DLD ISSUE DATE : 5-13-09 LATEST REV. A. THIS SET Toscanna Development Yakima, WA P L S A ENGINEERING—SURVEYING—PLANNING 1120 WEST LINCOLN AVENUE • YAKIMA, WASHINGTON 98902 (509) 575-6990 5521 100th Street SW, Suite A Lakewood, Wash?ngtGn 98499 (263) 684-5207 DOC6 INDEXQ, PROPOSED 20' WIDE STORM EASEMENT — Ek1ST1N6 10' PUBLIC UTILTTT EASEMENT AM -129400 1 � ` 9---,0 1+si 11 ; ,-12 p I 4,00'f;i`,4,01E I 1"--4 32 1 4,032._ 1 s9 L. SEE ENLARGED INTERSE,GTION PLAN ON SHEET f1'3 FOR SIpEWALK,'•• PARKINNNNGGGG CUR/39 VISION \, TRIANI-E INFORMATION F=-473.-1111 4 44; ;1 15 16 1� 2 032 1 11 4,032 402 -I- STANDARD C SCREEN PENCE, 6' FHGH SLATTED BLACK GNAW-LP9C FEPICE R2 81llLDMAI §ETSAClC9, s siD�E 1251 FRONT ' Cfm6911tALIC i TIPICAL 1 17 18 .F. 1 3 1l 20 4;032 1 4,2 _ 1 1 .l1 :40I6 I 1 aI 1 1 1 I ®1 48; L4e, 021 1. l�=Slti. 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Development Site -Van =Phases 1; 4 asey roup ec S Architecture And Planning P2 i Ept I0 12.5' ° I BUILDING SETBACK I I 10' �R DRYSEMEUTILITY NT Se ` EA Zi 0 STREET TREES - SPACNG PER STREET STANDARDS 20' HIGH POLE UGHT 50' PRIVATE ROAD RIGHT-OF-WAY ,�I reki- ird ASIAr — i ,Ei 2 00% 25' UNE SHOWN ON SITE PLAN 2.0' UNE SHOWN ON SITE PLAN SLOPE PER FINAL DEVELOPMENT PLANS 2.0' 25' 5' SIDEWALK 11' - - }-(K 00.0• _ _O GC-ZS'I ASPHALT CONCRETE PAVEMENT CLASS A 2• COMPACTED DEPTH MINIMUM CSBC 6• COMPACTED DEPTH MINIMUM STORM DRAINAGE SYSTEM AS 'REQUIRED 10'-0" CLR. 0 2.•! \//`7/\'/\1/\1/`44 WATER LINE SANITARY SEWER 26, E lvwi 12.5' BUILDING SETBACK 1 I I DRY UTIUTY EASEMENT I I I \/ SLOP I I 4" CONCRETE OVER 2 arc (COMPACTED DEPTH) CEMENT CONCRETE ROLLED CURB AND GUTTER PER YAKIMA STD. DETAIL R1 GRAVEL BASE COMPACTED GRADE CITY OF YAKIMA RESIDENTIAL ROAD SECTION R-05 (MODIFIED WITH ROLLED CURB & SIDEWALK) BECAUSE PROJECT WILL BE GATED AND TRAFFIC LIMITED PRIMARILY TO ONSITE INHABITANTS, WE ARE PROPOSING TO HAVE 5' CONCRETE SIDEWALK ONLY ON ONE SIDE OF INTERIOR ACCESS ROADS TYPICAL ROADWAY SECTION B -B SCALE 1• = 5' 0' 2.5 5' 10' GH POLE UGHT � STREET TREES - SPACING PER STREET 50' PRIVATE ROAD RIGHT-OF-WAY STANDARDS LINE SHOWN ON SITE PLAN UNE SHOWN ON SITE PLAN 9' (PARALLEL 5' F 125' 1 BUILDING SETBACK I 10' EASEMENT ?v 3' MIN. 12 12.5' BUILDING SETBACK SLOPE PER FINAL DEVELOPMENT PLANS — 10' DRY UIIUTY EASEMENT OP 216 E N CLR. ASPHALT CONCRETE PAVEMENT CLASS A r COMPACTED DEPTH MINIMUM CSEIC 6" COMPACTED DEPTH MINIMUM 1.� STORM DRAINAGE SYSTEM AS REQUIRED WATER UNE SANITARY SEWER 4• CONCRETE OVER 2' arc (COMPACTED DEPTH) • CEMENT CONCRETE ROLLED CURB AND GUTTER PER YAKIMA STD. DETAIL 01 GRAVEL BASE COMPACTED GRADE CITY OF YAK/MA RESIDENTIAL ROAD SECTION R-05 (MODIFIED WITH ROLLED CURB & PARALLEL PARKING) BECAUSE PROJECT WILL BE GATED AND TRAFFIC LIMITED PRIMARILY TO ONSITE INHABITANTS, WE ARE PROPOSING TO HAVE 5' CONCRETE SIDEWALK ONLY ON ONE SIDE OF INTERIOR ACCESS ROADS • TYPICAL ROADWAY SECTION A -A SCALE: 1• = 5' 0' 25 5' 10' Typical Curb Isometric NOT TO SCALE • RECEIVED MAY 1 4 2009 CITY OF YAKIMA PLANNING DIV. NIGH POINT OF IASPHALT 7' —S' _ , -,, — PARALLEL 1'^ PA RKING STALL WIDEPARALLEL I PASTRIP CONCRETE SIDEWALK CROSSWALK 1------_ ACCESSIBLE RAMPS I INTERIOR LOT 1 LINES --- ROLI. LINE ASPHALT DRIVE i'' .�.._. '. ' I LANE , l I ROLLED CURB CURB 4 GVRER VERTICLE AROUND L.S. ISLAND ISQETPJC TO LEFT) 'SEE .... - IFIEMEINt A tr,Z//////i/ _-_-----\ 1 .'.... \TOP VISION CLEARANCE SI :: .::. TRIANGLE PER ' :..: ZONING CODE 15.05040 �I'.: •. VERTICAL CURB 1'1:.:.I LANDSCAPE ISLAND 1 r. (LOCATIONS TO BEDHEN PRP/MAYS UAE DRIVEWAYS ARE .. CURB D RO .. 7ij11 SL- -=• WW RAMP LOCATED) Enlarged Intersection Plan SCALE P • 20' r �1� _4.040All' I I �m I �46 j C _ 41010 47 / � X\41094 /, * / / .s.�. A9 /� 0 LOT LINE LOT LINE DIMENSION LOT AREA TO NEAREST SQUARE FOOT LOT NUMBER LOT LINE RADIUS Individual Lot Key Casey Group Architects Architecture And. Planning z Z tai N Z 0� <zm e. rn 1< c 0 U N z t .. Wog `11 W 0 1.1 ) a_ PROJECT NO. i 01.122 Q ISSUE DATE 2 5-13-09 P3 • SITE PLAN CUECKLIST Please complete this checklist and include with your site plan. The site plan must contain all pertinent information. Items not applicable to the proposed project shall be so noted. Please contact Planning Staff should you have any questions. Check\all boxes as: 'J Included or - Not Applicable xi 1. The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but not less than 8.5" X 11" for Class (1) projects and 11"X 17" for Class (2) and Class (3) projects. 2 All site plans shall be drawn to a standard engineering scale and indicated on the site plan. The scale selected shall best fit the paper. Planning staff recommends 1"=20'. X 3. Site address, parcel number(s) and zoning designation of subject property. RECEIVE X 4. Property boundaries and dimensions. X 5. Names and dimensions of all existing streets bounding the site. MAY 1 12009 • 6. Dimensions, location and use of proposed and existing structures. CiPLAt4l OF YAI(IMA • 7. Structure setbacks. NI G DIV. X1 8. North Arrow. j7 9. Lot coverage with calculations shown on site plan. %1 10. Location and size of any easements. Xl 11. Location and type of existing and proposed landscaping including landscaping located within the public right-of-way. Off3 12. Location and size of existing and proposed side sewer and water service lines. Xl 13. Adjacent land uses and zoning designations. O 14. Location and size of all parking spaces shown on the site plan. 1 15. Location and dimensions of proposed or existing driveway approaches. X] 16. Vision clearance triangles at street intersections (80 -feet) and where driveways and curb cuts intersect with streets (15 -feet). X] 17. Location and size of proposed or existing signs. O 18. Location and size of required site drainage facilities including on-site retention. Pending X] 19. Location, type and description of required site screening. N.A. Dc 20. Location and size of existing or proposed public sidewalks that are within 200 -feet and on the same side of the street as subject property. Pending ❑ 21. Location and size of proposed and existing loading docks. N.A. Utc 22. Proposed improvements located within the public right-of-way. Lk 23. Name, address, phone number and signature of the owner or person responsible for the proposed project. Note: Planning Division or reviewing official may require additional information to clarify the proposal, assess its impacts, or determine compliance with the YMC and other laws and regulations. Revised 8-04 DOC. INDEX 11 6- r TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER C Maps OC ,fi i. +'.} 't� F'8x b"'` i Y tip.. i DOCUM� §' eY.�b b, Y - �, �`X# £+ i 43 h #"��.#.` � �� �- s 3' ' C-1 Maps: Mailing, Vicinity, Aerial, Atlas 05/12/2009 wV Q. 111112 misimz; "Air0 rt sc,„.oc ..0 . DD 2 d canenuga Edna Madan° Wr MATTME W d MACE Mad WI CD Glad= IdadaWy 8 fi 1:' Ems C[ Kern Roa,, Cad CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: PD001-09 PLP001-09 SEPA020-09 PPLICANT: Envizage Development QUEST: Construct 66 common wall units. Planned Development. LOCATION: Vic Fechter RD/N 40th Ave COC. INDEX 6 c iSubject Property Yakima City Limits Scale —lin = 400ft 0 200 400 toscanna 05/12/09 %24432 i CITY OF YAKIMA, WASHINGTON FILE NO: PD001-09 PLP001-09 SEPA020-09 APPLICANT: Envizage Development REQUEST: Construct 66 common wall units. Planned Development. DOC. LOCATION: Vic Fechter RD/N 40th Ave IN® EX PARCEL NUMBER(S):18131531011 C -I Property Notices Subject Site olY `(( (( liIG<�r® '�lIoo 90 Scale —1 in = 400ft 0 200 400 toecanna 05/12/09 CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO: PD001-09 PLP001-09 SEPA020-09 APPLICANT: Envizage Development DOC. REQUEST: Construct 66 common wall units. Planned INDEX Development. C ' LOCATION: Vic Fechter RD/N 40th Ave Scale —lin = 400ft 0 200 400 V Subject Property A Yakima City Limits i V tascnnna 05/12/09 PD001-09 PLP001-09 SEPA020-09 Envizage Development Construct 66 common wall units. Planned velopment. is Fechter RD/N 40th Ave ♦ ' Subject Property City Limits I 1 CURRENTZON7' G SR Suburban Re ial R 1 Single -Family,. sidential Eli R-2 Two -Family Residential IBN R-3 Multifamily Residential B -I Professional Business B2 Local Business MO HB Historical Business SCC Small Convenience Center LCC Large Convenience Center CBD Central Business District I 1 GC General Commercial M-1 Light Industrial ME AS Airport Support L -J RD Regional Development HlLLTOp lyV s. O crU 2 01u, L44 ' Q Surtoy Ln d Gmeetoga BIW Modelo WY Scale —lin = 400ft 0 200 400 FIE;: S P -AC N f 4 VO ,010,14s °' Med ora Wy OrdM Prk Wy DONALD DR Fechter Road leg 6t.. Cl Kern Road City of Yakima,. Washington 01 4, �(o,1» , May 12, 2009# - I •o,,,; �� PD001-09 PLP001-09 SEPA020-09 O SGG 0 D_O_NP Er-Q#ER- D .0 s� • QQv /.Q RN- RREY—LN—_ 0)' .O C>P O co GGA ESTOPA BLVD: GARDEN PARK WAY RREY LN CARRIAGE HILL DR G0' SGN4\ 0 0 DONP FETA€ R RD ESTOGA BLVD GARDEN PARK WAY O 7t. Current Zoning CURRENT ZONING SR Suburban Residential R 1 Single -Family Residential R-2 Two -Family Residential R-3 Multi -Family Residential 5-1 Professional Business ■ 54 Local Business HB Historical Business SCC Small Convenience Center LCC Large Convenience Center ■ CBD Central Business District GC General Commercial M-1 Light Industrial AS Airport Support RD Regional Development Ae Subject Site Future Land Use FUTURE LAND USE Low Density Residential Medium Density Residential High Density Residential Professional Office ■ Neighborhood Commercial ■ Large Convenience Center Arterial Commercial ■ CBD Core Commercial Industrial Regional Commercial Urban Reserve Af Subject Site lI 1 1, C_e!Py • I I�GI/ v I a' e. / FES tO 0 D" DONP `, o 4 4, S.`.0, e0 Bw 100' oirS1fUGALV 0r0 r� W LLS' IDI In— ;°v ,""‘oo Yakima Water & Sewer N Water Lines N Sewer Lines Irrigation Main FILE NO: PDO01-08 PLP001-08 8EPA020-09 APPLICANT: Envisage Development Digital Orthophoto Mosaic of Digital Orthophotography flown 08/01/2002 NSubject Property CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPEMENT 129 North Second Street Yakima, Washington 98901 Phone: (509)575-6113 Fax: (5091575-6105 All maps shown at 1" = 500ft One page Atlas: toscanna Created: May 12, 2009 • • TOSCANNA LLC / ENVIZAGE DEVELO ' MENT GROUP PD#001-09, PLP#001®099 SEPA#020-09 EXHI t IT LIST CHAPTER Ott DST Review & Age,t, cy Comments Ai 'NII e.....v... .-r .. ,y�" �¢ q-- �'+ 7�7p F4. ^4__ S+ .�# S , ��.'4'+4S" ' .' ,- -,^`.. 'k 't5, , ' Y i', 7' , *.a.,„ 5 ;ki. 'Gu J "'}&Std t Y EYet �.UY`i :•�A �++� 'i YmE3t "'✓d p^ d � �s _� r'c. 3,r '� ,.Y�� ��b h' ���� Mc,�'M��''s.�"��� 4.e .. < ,� f�-.sa � . .. 4x. vi .. �.-2.a'�'�^'+' Sx-.. �. •`Y rty -t• '3 'uli A'1 D-1 DST Distribution List and Request for Comments 05/13/2009 D-2 Preliminary Addressing — Code Administration 05/15/2009 D-3 Comments received from Robert Smoot, Yakima Valley Canal Company 05/19/2009 D-4 Transportation Concurrency Analysis, Joan Davenport 05/20/2009 D-5 Comments received from Mike Shane, Water/Irrigation Division 05/20/2009 D-6 Comments received from Randy Meloy, Engineering Division 05/27/2009 D-7 Comments received from Shelley Willson, Wastewater Division 05/27/2009 D-8 Comments received from Gwen Clear, Department of Ecology 05/27/2009 D-9 Comments received from Yakima Air Terminal 05/28/2009 D-10 Comments received from Hasan Tahat, Yakima Regional Clean Air Agency 05/29/2009 D-11 Comments received from Mike Antijunti, Engineering Division 05/29/2009 D-12 Comments received from Sandy Cox, Plans Examiner II 06/08/2009 • Page 1 of 2 Calhoun, Joseph From: Cox, Sandy Sent: Monday, June 08, 2009 9:42 AM To: Calhoun, Joseph Subject: Toscanna Development To: Joseph Calhoun From: Sandy Cox Plans Examiner II City of Yakima Re: Toscanna Planned Development RECEIVE JUN 0 8 2009 CITY OF YAJq PLANNING Fire hydrant placement will be discussed when civil designs for the watermain extension come in for review. Plan review, permits and inspections are required for structures prior to occupancy per Section 105 of the 2006 International Residential Code. The slope of this project may require engineered retaining walls between parcels and 111 engineering reports if structures are set into the hillside. • Public Services: Fire and Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates. shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening the gate by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches highand have red letters on a white reflect iackground. INDEX p-1 6/8/2009 Page 2 of 2 Signs shall be posed on one or both sides of the fire department access road as required by Section D103.6.1 ofD103.6.2. In review of the City Engineer and staff, we are requiring Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20' of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. 6/8/2009 RECEBVE JUN 0 8 2009 CITY OF YAKIMA PLANNING DIV. • DOC. INDEX # ID-�a • Memorandum Page 1 of 2 Calhoun, Joseph From: Antijunti, Mike Sent: Friday, May 29, 2009 1137 AM To: Calhoun, Joseph Subject: en0081.2.doc RECEIVED MAY 2 9 2009 CITY OF YAKIMA ItIN ®IV. City of Yakima Engineering Memorandum Date: May 29, 2009 To: Joseph Calhoun, Assistant Planner From: Mike Antijunti, Development Engineer Subject: Project # EN0081 Toscanna Development The developer is planning to construct 66 common wall. dwelling units. The streets are planned to be private streets with sidewalks on one side of the street. These streets do not match our standard city street. If this development in the future intends these streets to become standard city streets, the developer will be required to meet and redo the streets to meet standards in place at the time of turning to the public road system. The sewer needs to planned in a way to abandon the lift station in the area and run gravity flow into the City of Yakima Wastewater Collection System. The water is served by the City of Yakima. All storm water will be retained on site. Mike Antijunti Development Engineer 6/3/2009 DOC. INDEX # p_.H YAKIMA REGIONAL May 28, 2009 329 North First Street, Yakima RA 984 11 Phone: (509) 834-2050 Fax: (509) 834-2(Itr> Website: hllp://toymyokhnaeleanair.org Mr. Joseph Calhoun, Assistant Planning Manager Planning Division City of Yakima 129 North Second Street, 2nd Floor Yakima, WA 98901 RECEIVED MAY 2 9 2009 CITY OF YAKIMA PLANNING DIV RE: SEPA #020-09; PD #001-09; PLP #001-09 — Toseanna Planned Development Dear Mr. Calhoun: Thank you for providing -the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and comment on SEPA #020-09 – Proposal for 66 Single Family Dwellings (common wall) on 4,000 sq. ft. minimum lots to be located on approx. 11.05 acres of 22.63 acre site on Castlevale Rd., across from the Seattle Slew run Intersection, Yakima, WA. Following review YRCAA has the following comment(s): 1. Prior to demolishing any structures an asbestos survey must be done by a certified asbestos building inspector; 2. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; 3. A Notification of Demolition and Renovation (NODR) application must be filed with YRCAA and the appropriate fee should be paid; 4. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA, prior to the start of any of the work; and 5. This project is located within Yakima's Urban Growth Area; therefore, burning is prohibited at all times. Thank you for the opportunity to connect with the city's continued support -in -protecting the air quality in Yakima County. Best regar Hasan M. Tahat,'Ph.D. Engineering and Planning Division Supervisor Cc: Proponent and File DOC. INDEX # 0-!D • • 1 Gn1111Gf11'1 1 G 1 111111Q1 (DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yzkima, Washington 98901 (S09) 575-6183 ® Fax (S09) 575-6105 a www.ciyakinumwa.us IUJ VV4/V IC YAXENTA Ant 2400 . W GTS te. ALICIMA, Q 4 NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC liRIEARXNC, '(}ATE: May 18, 2009 TO: Applicant, Adjoining Property Owners, SEPA Reviewing Agencies FROM: William Cook, CED Director APPLICANT: Toscanna LLC SCT: Notice of Planned Development,Preliminary Long Plat, and SEPA Environmental Review e Number(s): PD #001-09: PLP ##001-09; SEPA #020-09 Tax Parcel Number 181315-31011' Date of Application: May 11, 2009 Date of Applieatiorl Completeness: May 14, 2009 PROJECT DESCRIPTION RECEIVED. MAY 2 8 2009 CITY OF YjKliviii The proposal is for a residential lanned development, PLANNING create p P P P opmernt, a preliminary long plat to cree �6 common -wall lots (plus common area tract), and SEPA environmental review. The proposed development will be gated and contain private streets. Common -wall dwelling units are Class (1) uses in the R-2 zoning district. The subject property is in the vicinity of Castlevale Road and Seattle Slew Run. lr NVJRDNMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 19741- 8 „r Categorical Exe 1,11ptions (1) Minor new construction — Flexible thresholds as this action involves the construction of more than 20 dwelling units in the R-2 zoning district. Thus, an environmental review is required. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non- Significance (MDNS) on this project. The optional WAC 1197-11-355 process is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. This may be your e opportunity to comment on the enviro mental impacts of this proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. Toscanna LLC Nnliee or Application, Environmental 61,wview, and public Hafting 1 DOC. INDEX 0_(3 Yakima bgtgg '111p! STATE OF WASHINGTON DEPARTMENT OF ECOLOGY RECEIVED MAY 2 7 2009 CITY OF YAKIMA 15 W Yakima Ave, Ste 200 • Yakima, WA 98902-3452 0 (509) 575-2490 PLANNING DIV. May 21, 2009 Joseph Calhoun City of Yakima Dept. of Community Development 128 North 2nd Street Yakima, WA 98901 Dear Mr. Calhoun: Thank you for the opportunity to comment on the pre -threshold determination for the Toscanna Planned Development consisting of 66 common wall lots, proposed by Toscanna, LLC [PD 001-09 / SEPA 020-09]. We have reviewed the environmental checklist and have the following comment. Water Quality Project Greater -Than 1 Acre with Potential to Discharge Off -Site An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original SEPA does not disclose all proposed activities. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. DOC. INDEX Re # 0-g 0. • • Mr. Calhoun May 21, 2009 Page 2 of 2 RECEIVE, MAY 2 7 2009 CITY OF YAKIMA PLANNING DIV. More information on the stormwater program may be found on Ecology's stormwater website at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/ . Please submit an application or contact Lynda Jamison at the Dept. of Ecology, (509) 575-2434, with questions about this permit. Water Resources The water purveyor 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. Information for the applicant: If you plan to use water for dust suppression at your site, be sure that you have a legal right. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. (Chapter 90.03 RCW Surface Water Code and Chapter 90.44 RCW Regulation of Public Ground Waters) If in doubt, check with the Department of Ecology, Water Resources Program. Temporary permits may be obtainable in a short time -period. The concern of Water Resources is for existing water rights. In some instances water may need to be obtained from a different area and hauled in or from an existing water right holder. If you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454-7647. Sincerely, Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575-2012 555 DOC. INDEX Wastewater Division 2220 E. Viola Yakima, WA 98901 DATE: May 27, 2009 RECEIVED TO: Joseph Calhoun, Assistant Planner MAY 2 7 2009 FROM: Shelley Willson, Utility Engineer CITY OF YAKIMA PLANNING DIV. SUBJECT: Toscanna Planned Development/Preliminary Plat PROPOSAL: PD #001-09, PLP #001-09, SEPA #020-09 LOCATION: Vicinity of 40thi Avenue and Castlevale PARCEL # 181315-31011 Recommend consideration of a dedicated utility easement from Planned Development to existing lift station, to protect future sewer line placement. Applicant's plans provide for sewer extension to properties adjacent to this planned development, as was previously requested.. Engineering division sh9uld check proposed right-of-way dedications for public sewer lines to determine if they are adequate — noted a 10' right-of-way called out for the sewer near lot 6. Is this an additional 10', or only a 10' right-of-way dedication? Applicable connection fees shall be applied. Public Utility easements for wastewater pipes shall allow for access of wastewater equipment to all sewer manholes and clean -outs. A proper surface to accommodate these vehicles shall be provided and maintained by the property owner. Access shall not be blocked by fences. The property owner should not plant landscaping or construct permanent or temporary structures within the easement. In the event that access or repairs cause the removal of any fences, structures or landscaping, the property owner shall assume the risk and costs associated with the removal and /or replacement. In addition, the owner shall assume all liability for any claims filed in association with property damage caused directly from a sewer back up from the sewer pipes in which the City's access was blocked or hampered by the property owner. DOC. INDEX fD_1 O • • City of Yakima Engineering Memorandum Date: May 27, 2009 To: Joseph Calhoun Assistant Planner From: Randy Meloy Surface Water Engineer Subject: SEPA #020-09 Toscanna Planned Development/Preliminary Plat Vicinity of 40`h and Castlevale RECEIVED MAY 2 7 ZOOS DPOF YAKIivik, LANtN1NG DIV Joseph, The applicant states that stormwater will be routed to water quality and detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run- off, or excessive or waste water;...". Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm, and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. UIC Registration - Stormwater In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Number 05-10-067, Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. DOC. INDEX 6 0_ (p Therefore, if UIC wells are used in the drainage design, the UIC wells must be registered with DOE and a copy of the DOE UIC Well registration form with a Professional Engineer's stamp and signature for each well shall be delivered to the City of Yakima's Surface Water Engineer before final project approval shall be granted. Randy Meloy Surface Water Engineer City of Yakima (509) 576-6606 RECEIVED MAY 2 7 Z009 PLOF YA ANNING DIV. DOC. INDEX Water/Irrigation DST Comments Applicant: Toscanna, LLC Comments Submitted By: Location: 4200 Castlevaile Rd Mike Shane, Water/Irrigation Engineer- 576-6480 Parcel #: 181315-3101 Division: Date: 5/27/2009 Water/Irrigation Division 1= 2= = W primary secondary o r review review o '° t d ig d` �, m LL= �������� RECEIVED Development Description: MAY 2 0 2009 PD #001-09, PLP #001-09 & SEPA #020-09 - Planned Development consisting of 66 common wall units on individual lots. CITY OF YAKIA. A a PLANNING DW. WATER & IRRIGATION 1 2 existing water location, size, etc. Existing looped 12" and 8" waterline in Castlevale Rd. Two existing 8" waterline stubs to site off of Castlevale Rd. Existing dead-end 12" waterline Kern Way. There are no existing water services to the site. Site is located in the Mid Level Pressure Zone. Static pressure approx. 68 - 75psi. 1 2 water extension necessary, size Public waterlines will be required to be looped throughout the site. New waterlines shall connect to the existing waterline in Castlevale Rd. and in Kern Way. Sizing of new waterlines will be dependant on the required fireflow for the proposed buildings. Sizing of waterlines should take into consideration the potential fireflowrequirements for buildings within the future phases. All new waterlines shall be placed within the street / public right -of - way. 1 2 2 fire hydrant . There is one existing fire hydrant off of the looped 8" waterline in Castlevale Rd. There is one existing fire hydrant off of the dead-end 12" waterline at the end of Kern Way. All new fire hydrants/locations and new fire sprinkler services to be determined by Codes and Fire Dept. 2 1 new public easements All new public waterline on private property shall be located in a 16' waterline easement. 1 2 LID/connection charges To be determined at time of site development and dependent on required meter sizes. 2 1 service installation charges To be determined at time of site development and dependent on required water services and meter sizes. City of Yakima will make all connections to existing waterlines and install all domestic water services and meters. Contact James Dean, Water Distribution Supervisor (575-6196) for costs and to coordinate work. Each lot shall have a separate water service and meter. 1 1 public/private system Public 1 2 2 Fireflow calculations Available fire flow from looped 8" waterline - 2,875gpm. Available fire flow from dead-end 12" waterline - 3,100gpm WellHead Protection Area No 2 Irrigation System No City irrigation. Irrigation service may be available from Yakima Valley Canal Company. Contact Robert Smoot, 966-2300 for more info. 2 Misc. Comments Detailed comments on the new public waterline facilities will be provided at time of civil plan submittal and review. 00/2009 Date of Review: Review Prepared by: Proposed Development: Subject Address: ITE Land Use: City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis May 20, 2009 Joan Davenport, Planning Manager (576-6417 Toscana Phase 1- Revised 801 Seattle Slew Run LU #230, 66 Condos (0.52 PM Trips* 66 units = 34.32 PM Trips) Expected Net PM Peak Hour Trip Generation: 34 PM Peak Hour trips Summary of Impact: The applicant proposes to construct 66 single family attached condominiums units on a private street (Seattle Slew Run) in the vicinity of 4200 Castlevale Road, within the city of Yakima,' Washington. This is a revised plan and Phase 1 of several planned development phases. All traffic from this new development will enter the Arterial Street system on North 40th Avenue. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. The site -generated traffic is distributed to the Arterial street sections noted below, based upon the City policy to assess impacts for two Arterial street segments. Estimated distribution of the site -generated trips is shown on the table below. Based upon actual data, City of Yakima Traffic Volumes for PM Peak Hour is assessed as 8.7% of total Average Daily Traffic (ADT). Peak hour reserve capacity includes any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima Transportation Concurrency assesses arterial street segment capacity only and does not address intersection capacity. RECEIVED MAY 2 0 is CITY OF YAKINF PLAN$1ING DW. Seg # Street Segment Total ADT PMPK PK Hr ADT HR Reserve Cap. s. New Dev. PM PK HR Impact Total Con- currency Trips Resulting Pm Pk Hr Capacity V/C LOS 67 40th Ave: Fruitvale to River 24,050 2,092 1,108 12 202 1,096 0.72 C 68 40th Ave: River to Castlevale 28,400 2,471 729 16 107 713 0.81 D 69 40th Ave: Castlevale to Englewood 26,600 2,314 886 18 110 868 0.76 C 70 40th Ave: Englewood - Lincoln 26,300 2,288 912 10 154 902 0.76 C 85 Fruitvale: 40th to 34th Ave 10,525 916 2,284 2 78 2,282 0.31 A 98 W IPoowerhouse Rd: 40th Peck's Cyn Rd 6,330 551 1,049 4 34 1,045 0.37 A 108 Englewood: 40th to 48th Ave 7,740 673 927 4 34 923 0.44 A 109 Englewood: glewood: 32nd Ave to 40th 5,000 435 1,165 4 34 1,161 0.29 A Summary of Impact to City of Yakima Arterial Streets: _ This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of I DOC. INDEX RECEIVED REQUEST FOR COMMENTS MAY 1 9 2009 TO: City of Yakima Development Services Team CITY (i YAKIMA Attn: Joseph Calhoun, Assistant Planner PLANNING DEV. FROM: Yakima Valley Canal Company DATE: May 13, 2009 File Number: PD #001-09; PLP #001-09; SEPA #020-09 Proposal: DST Review for Toscanna Planned Development LOCATION: Vicinity of 40th And Castlevale PARCEL NO:181315-3101 1 COM ENTS: City of Yakima Development Services Team, Please be advised that Yakima Valley Canal Company operates an irrigation canal along the hillside above the subject property. We have a 60 foot right of way along this stretch of canal which is measured on a horizontal plane 30 feet in each direction from the centerline of the canal. We will allow no excavation or construction on our right of way. Additionally, we believe great care and consideration should be exercised in determining how much earth is moved adjacent to our right of way. If excavation occurs off our right of way, that adversely effects the integrity of the steep slope on our right of way, the result. may well be 45 cubic feet per second of Naches river water pouring down the hill. Provided there are no changes to our canal or right of way, either directly or indirectly, we have no objections to the development of this property. Also please be advised that the subject property is within Yakima Valley Canal Company's service area. Yakima Valley Canal Company's Bylaws clearly state in "Article XXVI" the following: Article XXVI: Company Participation in Subdivision of Tracts Subject to Water Rights Whenever tracts of land that have appurtenant thereto one or more shares of water are to be platted or subdivided into smaller tracts, the Company shall, to the fullest extent of its rights under any federal, state or municipal law then in effect, require advance submission of plans therefore by the persons or entities proposing such platting or Comments: Yakima Valley Canal Company Subject: Request for comments St INDEX 8 _3 Page 1 subdivision. Such plans shall include irrigation water rights-of-way an irrigation distribution facilities necessary to ensure supply of water to al affected tracts. To the extent allowed by any federal, state, or municipal law then in effect, approval by the Company of such plans shall be a prerequisite to government approval of the proposed platting or subdivision. Resolution No. 2005-01 Yakima Valley Canal Company also states: RESOLUTION DE BOARD OF DIRECTORS OF YAKIMA VALLEY CANAL. COMPANY Yakima County, Washington No. 2005-01 RECEIVED MAY 1 9 2009 CITY OF YAttIMA PLANNING DIV. Requiring provision for irrigation water rights of way for land within the Company and for completed irrigation water distribution facilities for lands having Company shares within the Company boundaries. WHEREAS, RCW 58.17.310 provides that the legislative authority of any city, town, or county shall not approve a short plat or final plat for any subdivision, short subdivision, lot, tract, parcel. or site which lies in whole or in part in an Irrigation District organized pursuant to RCW 87.03 unless there has been provided an irrigation wat right of way for each parcel of land in such District; and, WHEREAS, RCW 58.17.310 further provides that if the subdivision, short subdivision, lot, tract, parcel, or site lies within land within the District, completed irrigation water distribution facilities for such land may be required by the Irrigation District by resolution as a condition for approval of the short plat or final plat by the legislative authority of the city, town, or county; and, WHEREAS, the Board of Directors of the Company deem it necessary and in the best interest of the Company that the installation of completed irrigation water distribution facilities be a condition of the Company for approval by the Company of any short plat or final plat of land within the Company similar to the requirements of irrigation Districts; and NOW, THEREFORE, be it resolved by the Board of Directors of the Yakima Valley Canal Company of Yakima County. Washington, as follows: 1. That the manager or assistant manager of the Company, each duly appointed by its Board of Directors, be and hereby are each authorized to approve short plats or final plats for any subdivision, short subdivision, lot, tract, parcel, or site which lies in whole or in part within the Company, provided that such a short plat or final plat provides for irrigation rights of way for each parcel of land within the Company at least 15 feet in width. DOC. Comments: Yakima Valley Canal Company INDEX Subject: Request for comments # �_ 3 Page 2 RECE1VE�' MAY 9 2009 OITY OF Y AKIId1A PLA ,NTNG 2_ That with regard to land which lies in whole or in part within the company to which shares of water of the Company are appurtenant, the manager or assistant manager of the Company, each duly appointed by the Board of Directors, be and hereby are each authorized to approve short plats or final plats for any subdivision, short subdivision, lot, tract, parcel, or site which lies in whole .or in part within the Company, provided the conditions of paragraph 1 above are satisfied and provided further that either of the following conditions have also been met: a. The owner, developer and a registered professional engineer or a registered contractor for commercial/residential irrigation systems, jointly and severally certify under oath that completed irrigation water distribution fadii es including individual deliveries for each parcel, have been installed for such lands to which shares of water of the . Yakima Valley Canal Company (the Company) are appurtenant and that such facilities provide for the full and equitable distribution of water of the Company to each parcel; or, b. The short plat or final plat for such land contains the following covenant and agreement of the owner and developer: COVENANT AND AGREEMENT OF OWNER AND DEVELOPER The undersigned owner and developer of the plat shown on the face hereof hereby covenants and agrees for the benefit of any future owner or owners of a parcel or parcels within this plat, that prior to the sale of any parcel within the plat, the owner and developer shall provide the Yakima Valley Canal Company (the Company) and shall record with the Yakima County Auditor a certificate of the owner, developer and a registered professional engineer or a registered contractor for commercial/residential irrigation systems, jointly and severally certifying under oath that completed irrigation water distribution facilities, including individual turnouts for each parcel, have been installed for and lands within the plat to which water shares of the Company are appurtenant and further certifying that such facilities provide for the full arid equitable distribution of the water of the Company to each parcel. The undersigned furthermore agrees that this covenant and agreement shall run with the land and shall be enforceable by a court of competent jurisdiction by specific performance, restraining order, injunction or any other appropriate remedy sought by any future owner or owners of a parcel or parcels within the plat, and that the prevailing party in any such action shall be entitled to recovery of its reasonable attorney's fees and all costs. Neither the Company nor its directors, officers or employees shall have any responsibility whatsoever with respect to the enforcement of this covenant and agreement of the undersigned owner and developer. (acknowledgment of owner and developer) 3. In place of individual turnouts for each parcel, the owner and developer may install a system of individual deliveries for each parcel, provided a joint use agreement or water association agreement encumbering such land has been properly executed and recorded. Such Joint use agreement or water association agreement shall be on a form approved by the manager or assistant manager. Such water association agreement shall provide for the consolidation of all billings for such lands into a single account and for the construction, maintenance, and operation of the irrigation facilities for such land including the reimbursement to the Company for the cost of installing a INDEX Comments: Yakima Valley Canal Company Subject: Request for comments n_3 Page 3 REGOVE mg 1 9 2.009 CITY .UP AIiIMA PLANNING DIS. turnout if required. No more than six (6) parcels shall be permitted to use a sing turnout pursuant to a joint use agreement. If a joint use agreement is used, the owner an developer will be required to reimburse the Company for the cost of the Company's installing a multi-user turnout and appurtenance to provide for individual deliveries to each parcel, which pewits the Company to shut off any or all deliveries for nonpayment of assessments, rates or tolls and charges. The multi-user turnout and appurtenances shall be installed by the Company at the cost of the owner and developer prior to the approval by the Company of the short plat or final plat, or if the owner and developer covenants and agrees to install the facilities in the future, prior to the sale of any parcel within the plat. The turnout and appurtenances shall be the property of the Company or the United States. If either a joint use agreement or water association agreement is approved by the manager or assistant manager, the certificate by the owner, developer, and a registered professional engineer or a registered contractor for commercial/residential irrigation systems, or a covenant and agreement of the owner and developer, shall provide that the irrigation water distribution facilities for such lands include individual deliveries for each parcel; and in the case of a point use agreement, the covenant and agreement shall further provide that prior to any sale of any parcel within the plat, the owner and developer shall have caused the Company to install a turnout for individual deliveries and will have paid the Company for the cost thereof. 4. Prior to the approval of any short plat or final plat, the manager or assistant manager shall collect fees as set by the Board of Directors to defray the Company's costs of examining each short plat or, final plat and any agreements an inspections required by this resolution, and shall also collect the costs of any wo performedby the Company The cost of any work to be performed by the Company in the future shall also be paid in advance of the performance of such work. 5. That a duplicate of this RESOLUTION be provided to the County of Yakima and City of Yakima and that hereafter compliance with this RESOLUTION be a condition to approval of any short plat or final plat by the legislative authorities of such governmental entities, until appropriate amendment by the Company or State legislation. Upon final consideration of the aforementioned RESOLUTION it was duly moved and seconded that said RESOLUTION be adopted. The motion was then put to a vote of the directors and the RESOLUTION was declared adopted this 17 day of October, 2005. Yakima Valley Canal Company has no objection to this development as long as developers follow Bylaws and Resolutions as stated above. Contact person if there are additional questions or concerns. Robert Smoot Yakima Valley Canal Company 1640 Garretson Lane Yakima, WA 98908 (509) 966-2300 Comments: Yakima Valley Canal Company Subject: Request for comments DOC. INDEX Page 4 City of Yakima Development Services Team Request For Comments May 13, 2009 RECEIVED MAY 1 5 2009 CITY OF YAKIMA PLANNING DIV. To: City of Yakima Development Services Team From: Joseph Calhoun, Assistant Planner Subject Request for comments Applicant: Toscanna Planned Development/Preliminary Plat File Number: PD #001-09; PLP #001-09; SEPA #020-09 Location: Vicinity of 40th And Castlevale Parcel Number(): 181315-31011 DST MEETING DATE: 5/27/2009 Proposal DST Review for Toscanna Planned Development. The applicant submitted a revised site plan and other documents as a result of the preliminary meeting held on May 6, 2009. This is a PD consisting of 66 common wall lots. They are proposing private, gated streets with rolled curb on both sides and sidewalk on one side as well as some common lawn areas. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held May 27, 2009 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. Myemail address is jcalhoun@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: cree 1�/4bdJ L144Lik(Ae Okv./4-44 g 5-/a Contact Person Department/Agency DOC. INDEX # �,a /- I'. 65 66-6• 1.111 I'' F� •Hie ' 20 P� �: - s I1 •07251 075 •.'%\ '' i' r' , 4„„,,,I,: ,i> ' 407: I:i / p .A1/ iii W. 4011 III 1,011 i ,dA 111 '±q> i ' ,' \\-- 1 C • 406 I (1� \i` \ �•' _� .Y JI L-.._ L -J L� J L L ,'a/I \\ 1 Til `��;` 4�v1`d ` \ - _ _ \ '1 11•/ :''2 7y\1F\ l.4 -- - _ — r. -t :1=... am=:-'/� II/ ,•♦ - 617,.. 1r1 „� • fir ' %6a G��. �}�}`�]♦• �';' (y�'�? 1' 'Far. 24 1.1 - j' F' 4 21 t; F' j I ti� ;1 42 rmil.;,.*'1 43 f�N 6 4. �„ /IJ ♦y I '(.`J �i. V �t I 4OM 1' I 1 1 t. , 7060 1 f 1J47 M� 1` t...‘, ♦ •630 t °'— O 1 d / ,30 I U"' 'I �♦ b.♦ ;Gt 1011.` ,/1F' 4en�•i+` ,' 4 1 s � 41 1-w470�1��� 1 ♦• • •fes 407.\ i,, ,I D'/ '.1 L .. \ ♦• '� , .Oy, I�,�4I 1 `\♦ 4k '6 • ;°` �a:'�3�F�'.�4`� v a �� - ,�'�!`�D cam^ `1 e;7.. S .Tam! s ' 34 ` ,> • y9' ' .! Ri 4 m 4011 ; laa aarc ♦'\ � ,i ,,`_ i,i' i?.. !r' i : �V /IrX lfflu 'en1:0,7\�\�•` � 'S7 tl 1, w oc . 4j1 X14 36:111: 137 sale P • : 10M : ,\�,� • �, a �°�` >tfi 1, 1.,0.9 $x -s438 " ; , i8 ' ` " 'f TRACTS '\ ,,,D,\�, 5`°' S b 'F.. 1° ��i31";;,,Js4 , "1 t 2:N,1151-2.::;\"5\;-:-‘-‘4::::-:)-8 '- 4., 49 • '" �G1 01- T 5 l ‘t1,''''. N. \�� _^J/,Ie 1 I IUbI �r�V --tai '..P. / // `' t ) / M6 PAMUL D110 M4ti8 ♦ •\ —,'. L..:.A.-- /.2/ j NM1.160?0018(701 Enlarged Preliminary Plat Planned%rum,, • ,�.,� Lam' ' • \ �;• lkvolopment Site Plan - Itasca 4COM • grotIJI V. Mr p71„ "� ▪ �• r .evrw. ..twu • ralco a1. •.n.,c n..nt..,re1w TO u.� wee= Luvrott eene bang,"M IN 1=.8041A... 1`-- wurr ,o r19.1.6,110 '� WYE ate WAIF= a Del.6nna 1x.a7 L•MtGt� =.RMpcnroMon taumera 8TD1718EIER 10n1.np6,rp,a6pN1n16e1.1a .71,AV41K YMr Partial S' to 40J4LEM FD MIM Et&A D 7601 PO4 ISCIE LK. MN KM CM Pd4t06*01601 1•1110P1 MOW KgiLTIW .rwr''A*1+S.R" RECEIVED MAY 1 12009 CITY OF YAKIMA PLANNING OW. vz41 Z41 -671- Casey e Casey (ii owip Architects Architecture And Planning P2 5/15/2009 Toscanna Development 12:23 PM Preliminary Address Toscanna - PD 001-09; PLP 001-09; SEPA 020-09 5/15/2009 639 Seattle Slew Run Lot 1 637 Lot 2 635 Lot 3 633 Lot 4 631 Lot 5 629 Lot 6 627 Lot 7 625 Lot 8 623 Lot 9 621 Lot 10 619 Lot 11 617 Lot 12 615 Lot 13 613 Lot 14 611 Lot 15 609 Lot 16 607 Lot 17 605 Lot 18 603 Lot 19 601 Lot 20 702 Lot 21 704 Lot 22 706 Lot 23 708 Lot 24 735 Lot 25 733 Lot 26 731 Lot 27 729 Lot 28 727 Lot 29 725 Lot 30 723 Lot 31 721 Lot 32 719 Lot 33 717 Lot 34 715 Lot 35 713 Lot 36 711 Lot 37 709 _ . Lot 38 707 Lot 39 705 Lot 40 703 Lot 41 701 Lot 42 RECEIVED MAY 1 5 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # 0,a 5/15/2009 Toscanna Development 12:23 PM Preliminary Address 801 Lot 43 803 Lot 44 805 Lot 45 807 Lot 46 809 Lot 47 811 Lot 48 813 Lot 49 815 Lot 50 817 Lot 51 819 Lot 52 821 Lot 53 823 Lot 54 8251 Lot 55 827 Lot 56 829 Lot 57 831 Lot 58 833 Lot 59 835 Lot 60 837 Lot 61 839 Lot 62 841 Lot 63 843 Lot 64 845 Lot 65 847 Lot 66 • RECEIVED MAY 1 5 2009 CITY OF YAM* PLANNING DI DOC. INDEX # n_ O DST Jistrib; tion Ly..: Applicant: File Number: Date of DST Meeting: Assigned Planner: City of Yakima Divisions and Yakima Court Other Agencies Toscanna PD #001-09; PLP #001-09; SEPA #020-09 May 27, 2009 Joseph Calhoun r� Codes JoehCaruso ._. ,RonMelcler CodesS'and'y Cox Manager _Codes -arolyn.Belles Utility_Seiv-_ ices _ Codes Jerry Robertson odes .,_ _.'Fv Royale Schneider Ken Wilkinson Codes Nathan Thompson ,L4', Enger ineing.; , 1Vlike,Antiltin. i ✓ ' Stormwater Engineer Randy Meloy .. ater/Irrigation g M•ikeuShane 1/ WastewaterScottSchafe Refuse Mike Paulson Wastewater?, , .,Shelly Willson Other Agencies Toscanna PD #001-09; PLP #001-09; SEPA #020-09 May 27, 2009 Joseph Calhoun r� �FirerDepartment: ,. , James Stickel _ ,RonMelcler ✓ Traffic Engineering Manager Joan Davei port Utility_Seiv-_ ices _ ick Dieker/John Dickman :PeterHo.-.'"'R''' Parks and Recreation Jenna Leaverton Ken Wilkinson a tTransit _ ` ... Art NicICuen Ken;,Mehin '-,, Transit Gwen Clear Gary Pira ' Police Department Ray Wondercheck, _ =GregCopeland Refuse Mike Paulson Nancy Fortier Yakima County, PuhlicSvcs u 'Vern Redifer _ Yakima County Planning Sheila Ross Steve Erickson z 911'Comrnunications Ben Soria _ci, Wayne Wantland' , Updated as of 04/24/09 DOC. INDEX D-1 Comiruttee for Downtown*Yakuna ,'' James Stickel _ P O Box9b68' akiina`98909;., _,, ..; , _ Committee Manager - CDY Manager P.O. Box 881, Yakima 98901 YakmaTietQn Irrigation District ick Dieker/John Dickman 47_.. ---',*13,'..4 Rd Yakuna, WA: 98908 , Nob Hill Water Jenna Leaverton 6111 Tieton Drive, Yakima 98908 Yakima County HealthDistrictfw;` Art NicICuen 1210TA1}tarumRIdge. Dr, Un onFGap 98903 WA State Department of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 No akima Sorl Conservation District, Ray Wondercheck, _ 1606 PerrySt Ste:. .YakLmaa98902 Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 Qwest i 3 :.. : < }Toil McAvoy £ : _ , - 71 4" 2nd}Ave�RIII' 314 Yakima 98902 ,^ x ' Cascade Natural Gas Co. Sheila Ross 701 South 15t Ave, Yakima 98902 Yakima School District #7 _. Ben Soria _ci, ataa48 104North4 Ave, Yakima 98902 West Valley School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 Charter Communications Kevin Chikote 1005orth,l6 .Ave,,Yakvna'98902 County Clean Air Authority Gary`Priutt 329 North 1st Street, Yakima 98901 Yakima Waste Systems Scott Robertson 2812, terrace Heights Dr, Yakim a 98901,_ Yakima Greenway Foundation Al Brown 111 South 181 Street, Yakima 98901 US ,OS tOffice,., ry - bZ:; ' ,., ; Colleen Ellingsworth _ X205 West Washington ve, Yakima;98903fi_, Yakima Valley Carial Co. Robert Smoot 1640 Garretson Lane, Yakima 98908 Departmentof.WildIife ' t„ _4 ....F :: 1701 South 241h Ave, Yakima, 98902,.: r . . Department of Natural Resources 713 Bowers Rd, Ellensburg 9$926 WSDOT'(Dept of, Transpo_rtationy ; . Salah Tanuru 2809 Rudkin Rd, Uiuon'Gapt98903_,. `__. '. Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 YakamaIndIanahon ' Thalia Sachtleben, ' P O Box ,Tope 151pnisli 98948 _ Yakima Airport Manager 2400 West Washington Ave, Yakima 98903 Trolleys r „ Paul Edmondson_, 313rNorth 3id Street, Yakima; 98901 - City of Union Gap Bill Rathbone P.O. Box 3008, Union Gap 98903 WSDOT, Aviation `Division .46_ Shambaugh. P O B03:c3367, YArlr•ngtOil- WA 98223: ': Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 Ahtanum:Irrigation District : Beth:'Ann Brulotte : ''PO Box 563, Yakima, WA.:".9890T Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road, Yakima, WA 98909 Updated as of 04/24/09 DOC. INDEX D-1 City of Yakima Development Services Team Request For Comments May 13, 2009 To: City of Yakima Development Services Team From: Joseph Calhoun, Assistant Planner Subject: Request for comments Applicant: Toscanna Planned Development/Preliminary Plat File Number: PD #001-09; PLP #001-09; SEPA #020-09 Location: Vicinity of .40th And Castlevale Parcel Number(s): 181315-31011 DST MEETING DATE: 5/27/2009 Proposal DST Review for Toscanna Planned Development. The applicant submitted a revised site plan and other documents as a result of the preliminary meeting held on May 6, 2009. This is a PD consisting of 66 common wall lots. They are proposing private, gated streets with rolled curb on both sides and sidewalk on one side as well as some common lawn areas. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held Mav 27, 2009 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is jcalhoun@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: Contact Person Department/Agency DOC. INDEX 6-1 TOSCANNA LLC / ENYYZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER E SEPA Checklist 3 St 'K `? h.�% .i H..� ii' i �j 4 gw L'� "L i" ici'xT�T -�yg+,,&�`�"9 "S'3:'k r�ss�'�r+-,.- `� '��_�&,^k�;'��y, ..:. '+w .�_ 'C sh"''{f k E-1 SEPA Checklist 05/11/2009 REQUIRED ATTACHMENT: ENVIRONMENTAL C :'51 CKI IST 0iscievE STATE ENVIRONMENTAL. POLICY ACT (SEPA) (AS TAKEN FROM WAC 197-11-960) MAY 1 1 2009 CITY OF YAKIMA CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) PLANNING DIV. tPO tiou The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. STRUC'nONS IF' ANS' This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. swer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. SE ®F( {NONIPRO CT P1 OPO Complete this checklist for non -project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. CKGROUND IN)H®IZlI ;ATIP e sowp gea 1. NAME OF PROPOSED PROJECT (if applicable) Toscanna Single Family Development 2. APPLICANT'S NAME & PHONE Envizage Development Group 509 966 8415 3. APPLICANT'S ADDRESS 200 Galloway Drive, Yakima, WA 98908 Dave Sjule 509 966 8415, 4. CONTACT PERSON & PHONE Project Manager — Keith Basham 253 405 0442 5. AGENCY REQUESTING CHECKLIST City of Yakima 0DATE THE CHECKLIST WAS PREPARED April 15, 2009 7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) Summer — Fall 2009 Construction start Revised 8-04 INDEX f E— page 1 of 10 BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal If yes, explain. Remaining site area and adjacent Parcel #181315-31011 to be developed with single family type homes. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. RECEIVED Soils Evaluation —Appendix "A" Soils Evaluation — Appendix "B" Traffic Impact Evaluation — Appendix "C" MAY 1 1 2009 Acoustical Evaluation — Appendix "D" CITY OF YAKIMA PLANNING DIV. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Short Plat — application is pending, but will be cancelled 4. List any government approvals or permits that will be needed for your proposal, if known. Planned development, preliminary and final plat and related permits, NPDES and related Site Development Permits. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 66 Single Family Dwellings (common wall) on 4,000 s.f. minimum lots per the attached plan with on-site drives and vehicular access gates. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Easterly portion of Parcel No. 1813153011, approximately 11.05 acres of 22.63 acre site on Castlevale Road, across fro the Seattle Slew run intersection. DOC. INDEX E -I page 2of10 Earth a. General description of the site (✓ one): ❑ flat ❑ rolling 1 1hilly ❑ steep slopes ❑ mountainous ❑ other N/A b. What is the steepest slope on the site (approximate percent slope)? 15% c. What general types of soils are found on the site (forexample, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Cohesionless and non -plastic type soils d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None visable — See Appendix "A" e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not known at this time but probably up to about 35,000 cu. yd., no outside fill will be required for site grading. f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. Yes, typical for a project of this type on hilly land g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Less than 50% of created lots h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: See attached 2. Air • a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction period dust and equipment emissions and long term vehicle emissions typical for residential developments. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None c. Proposed measures to reduce or control emissions or other impacts to air, if any: Construction phase dust control plan and implementation as required by Yakima Regional Clean Air Authority (YRCAA). Space Reserved for Agency Comments RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX page 3 of 10 . Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. See attached 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. See attached 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material None 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not anticipated. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. See attached 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Existing septic tanks and drain fields will be removed. No waste material will be discharged into the ground. c. Water Runoff .(including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. See attached Space Reserved for Agency Comments RECEIVED. MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX page 4 of 10 . Could waste materials enter ground or surface waters? If so, generally describe. Not anticipated. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Use of state of the art storm water control system as required by the controlling Jurisdictions. 4. Plants: a. Check (✓) types of vegetation found on the site: deciduous tree: ❑ alder ❑ maple ❑ aspen ❑ other evergreen green: ❑ fir ❑ cedar El pine ❑ other ® shrubs ® grass ❑ pasture crop or grain wet soil plants: ❑ cattail ❑ buttercup ❑ bullrush ❑ skunk cabbage 0 other water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? All on site c. List threatened or endangered species known to be on or near the site. None known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Site will be re -landscaped to meet City requirements. Animals: a. Check (✓) any birds and animals which have been observed on or near the site or are known to be on or near the site: 1) birds: ❑ hawk ❑ heron ❑ eagle ❑x songbirds ❑ other 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver ® other Gophers, mice 3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish 0 other b. List any threatened or endangered species known to be on or near the site. None known ® c. Is the site part of a migration route? If so, explain. None anticipated d. Proposed measures to preserve or enhance wildlife, if any: Site will be re -landscaped to meet City requirements. Space Reserved for Agency Comments RECEIVE MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX E_ -- page 5 of 10 Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric and / or natural gas heating. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Buildings will conform to Washington State Energy Code. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. See attached 1. Describe special emergency services that might be required. Typical police, fire and paramedic services for a residential development of this size. 2. Proposed measures to reduce or control environmental health hazards, if any: Project will be designed to meet Building and Fire Codes. b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? Minimal traffic noise — See attached 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. See attached — Acoustical Report in Appendix D 3. Proposed measures to reduce or control noise impacts, if any: Limitation of construction hours to City Ordinance 6 -AM -10 -PM M/F & 8 -AM —10 - PM weekends and holidays . Land and Shoreline Use a. What is the current use of the site and adjacent properties? Undeveloped, adjacent properties are used for residential purposes with a portion of the properties across Castlevale Avenue being in the process of being developed as Business Use b. Has the site been used for agriculture? If so, describe. Yes, fruit tree crop. c. Describe any structures on the site. Two single family residences and barns. d. Will any structures be demolished? If so, what? All on site. e. What is the current zoning classification of the site? R2/R1 Space Reserved for Agency Comments RECEIVE ° MAY 1 1 2009 CITY OF YAKIMA PLANING DIV. DOC. NDEX E Page 6 of 10 • g. What is the current comprehensive plan designation of the site? Medium Density Residential. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. Not known i. Approximately how many peoplewould reside or work in the completed project? 160 J• Approximately how many people would the completed project displace? None, if two existing houses are vacant. k. Proposed measures to avoid or reduce displacement impacts, if any None 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Use of residential scaled buildings and materials. . Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 66 middle income b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None if two existing houses are vacant. c. Proposed measures to reduce or control housing impacts, if any: None 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? Approximate 35 feet as defined by Yakima Zoning Code. Stucco look and / or lap siding. Earth tone roof color. b. What views in the immediate vicinity would be altered or obstructed? Homes uphill of site will have views of mobile home complex reduced. c. Proposed measures to reduce or control aesthetic impacts, if any: Use of typical residential scaled building materials. Building setback and impervious area requirements will be met. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Night time security and vehicle lights. b. Could light or glare from the finished project be a safety hazard or interfere with views? ® c. Not anticipated. What existing off-site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: Use of shielded light fixtures and perimeter buffer planting. Space Reserved for Agency Comments RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX page 7 of 10 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? None known b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Project development includes common open lawn areas in addition to typical residential yards. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. None observed c. Proposed measures to reduce or control impacts, if any: None 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Castelvale Road and Kern road. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? Yakima Transit Service along 40`s Avenue — 300'. c. How many parking spaces would the completed project have? How many would the project eliminate? Minimum two stalls per single family home with guest stalls provided along drives. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). See submitted Traffic Impact Analysis, Appendix "C". e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See submitted Traffic Impact Analysis, Appendix "C". g. Proposed measures to reduce or control transportation impacts, if any: See submitted Traffic Impact Analysis, Appendix "C". Space Reserved for Agency Comments RECEIVED 41° MAY 1 1 2009 CITY OF YAKIM A PLANNING 0111. DOC. INDEX #-I page 8 of 10 15. Public Services Space Reserved for Agency Comments MAY 1 1 2009 CITY OF YAKIMA PLANNING ®IV 10a. Would the project result in an increased need for public services (for example: fireECEIJVE protection, police protection, health care, schools, other)? If so, generally describe: Yes, typical for single family residential plats. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Local police, fire & paramedic services. Electric - Pacific Power, Phone - Qwest, Water / Sewer - City of Yakima Refuse - City of Yakima 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. 11 Electricity - Pacific Power Phone - Qwest Water / Sewer - City of Yakima Refuse - City of Yakima Natural Gas - Cascade Natural Gas ;C. SiGNAT ;. (T0 6. -Completed; by the _app can . .... .:. . The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. rov.i.ai- KV Signatur ��%= '" Date Submitted: 5/// 6 )(D SUPPd7EMEN il' ST ET FOR NONPROJECT ACTIONS t (To be:corupleted liy the applicant) ' , , , (I�o:not..use the,folYowing:"for{project actions) ^ � _ �` µ.,. '.,.. ... ... .. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. r-� .... i.. i, ,._. }� } rt s �... 4' r ., + "5 t i.t*wa .' 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? 1 Space Reserved for Agency Comments DOC. INDEX #-/ page 9of10 Proposed measures to avoid or reduce such increases are: 2 How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplain, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or Tequirements for the protection of the environment. Space Reserved for Agency Comments RECEIVED, MAY 1. 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # i - page 10 of 10 Attachment to Toscanna SEPA Checklist • Earth h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 1. State of the art erosion control measures will be used as required by the controlling jurisdictions. 2. NPDES Construction Storm water General permit will also be obtained. 3. Grading adjacent to Canal R.O.W. will be limited to cut slopes of 2 horizontal to 1 vertical to maintain soil stability. See Appendix "A". 4. 20' building setback from Canal R.O.W. will be provided. 5. A Grading Plan will be prepared by a professional engineer for review by City Engineering. 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names If appropriate, state what stream or river it flows into. No, but there is a man made concrete lined, irrigation canal owned by Yakima Valley Canal Company adjacent to high portion of property. No work will be completed in the Canal R.O.W. • 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable, but on-site grading adjacent to the irrigation Canal R.O.W. will be limited to maintain the soil stability within the Canal R.O.W. See letter from PISA Engineering in Appendix "A". b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose and approximate quantities if known. No water will be withdrawn. If soil percolation is used for storm water.control, then water quality treated storm water may enter the ground water system. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. RECEIVED: MAY 1 1 2009 CITY OF YAKIMIA PLANNING DIV. DOC. INDEX C 2009/misc/07122SepaAttachment Sty,. m water from roofs and paved surfac. s will be routed to water quality and detention facilities as required by controlling jurisdictions. Complete storm water design plans will be prepared and submitted to the City Surface Water Engineer prior to any construction or the issuance of permits. NPDES storm water general permit from the Department of Ecology will be obtained. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Adjacent neighbors have previously expressed concern about the need for toxic chemical related soil sampling because of previous orchard operation. See letter in Appendix "B" from PLSA Engineering stating that orchards in the vicinity are typical of all the old orchard land in Yakima. In addition, Gary M. Cuillier, Hearing Examiner, wrote in his 11/4/08 previous SEPA related decision on this property: A Phase I Environmental Assessment prepared in July 2003 by PLSA Engineering and Surveying for a portion of the "Pearson Property" having the same type of soils as the project site concluded that lead and arsenic solution used in orchards for pest control in the Yakima Valley before 1950 has in PLSA's considerable experience long since converted into an on -leachable form which passes the Toxicity characteristic Leaching Procedure test. Metals passing this test are designated as solid waste in accordance with WAC 173-303-090(8)(c) and are not considered hazardous or dangerous. State law does not regulate solid waste accumulations of less than 2,000 pounds. Metals from pest control activity have never been found to be sufficiently concentrated to accumulate 2,000 pounds over an area the size of the project site. WAC 173- 340-740 Method A does not distinguish between leachable and non -leachable metals and lists cleanup levels for lead and arsenic at 250 and 20 mg/kg, respectively. The WAC further states that exceeding these levels does not necessarily trigger requirements for cleanup action. Lead and arsenic concentrations in orchard land in the Yakima Valley which was in production before 1950 frequently have lead concentrations as high as 600 mg/kg. There has been no regulatory action to date requiring cleanup of these former orchards. No action is recommended as a result of the Environmental Site Assessment. RECEYV MAY 1 1 2009 CITY OF YAKIMA PUNNING DIV. DOC. 411 INDEX 2009/misc/07122SepaAttachmen t Attachment to Toscanna SEPA C �.: cklist • Earth h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 1. State of the art erosion control measures will be used as required by the controlling jurisdictions. 2. NPDES Construction Storm water General permit will also be obtained. 3. Grading adjacent to Canal R.O.W. will be limited to cut slopes of 2 horizontal to 1 vertical to maintain soil stability. See Appendix "A". 4. 20' building setback from Canal R.O.W. will be provided. 5. A Grading Plan will be prepared by a professional engineer for review by City Engineering. 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No, but there is a man made concrete lined, irrigation canal owned by Yakima Valley Canal Company adjacent to high portion of property. No work will be completed in the Canal R.O.W. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable, but on-site grading adjacent to the irrigation Canal R.O.W. will be limited to maintain the soil stability within the Canal R.O.W. See letter from PLSA Engineering in Appendix "A". b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose and approximate quantities if known. No water will be withdrawn. If soil percolation is used for storm water control, then water quality treated storm water may enter the ground water system. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # E- 2009/misc/07122S epaAttachment Stu. in water from roofs and paved surfacr3 will be routed to water quality and detention facilities as required by controlling jurisdictions. Complete storm water design plans will be prepared and submitted to the City Surface Water Engineer prior to any construction or the issuance of permits. NPDES storm water general permit from the Department of Ecology will be obtained. Environmental Health RECEBiiE410 MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill,'or hazardous waste, that could occur as a result of this proposal? If so, describe. Adjacent neighbors have previously expressed concern about the need for toxic chemical related soil sampling because of previous orchard operation. See letter in Appendix "B" from PLSA Engineering stating that orchards in the vicinity are typical of all the old orchard land in Yakima. In addition, Gary M. Cuillier, Hearing Examiner, wrote in his 11/4/08 previous SEPA related decision on this property: A Phase I Environmental Assessment prepared in July 2003 by PLSA Engineering and Surveying for a portion of the "Pearson Property" having the same type of soils as the project site concluded that lead and arsenic solution used in orchards for pest control in the Yakima Valley before 1950 has in PLSA's considerable experience long since converted into an on -leachable form which passes the Toxicity characteristic Leaching Procedure test. Metals passing this test are designated as solid waste in accordance with WAC 173-303-090(8)(c) and are not considered hazardous or dangerous. State law does not regulate solid waste accumulations of less than 2,000 pounds. Metals from pest control activity have never been found to be sufficiently concentrated to accumulate 2,000 pounds over an area the size of the project site. WAC 173- 340-740 Method A does not distinguish between leachable and non -leachable metals and lists cleanup levels for lead and arsenic at 250 and 20 mg/kg, respectively. The WAC further states that exceeding these levels does not necessarily trigger requirements forcleanup action. Lead and arsenic concentrations in orchard land in the Yakima Valley which was in production before 1950 frequently have lead concentrations as high as 600 mg/kg. There has been no regulatory action to date requiring cleanup of these former orchards. No action is recommended as a result of the Environmental Site Assessment . DOC. INDEX r 2009/misc/07122SepaAttachment APPENDIX "A" ENGINEERING & SURVEYING BRADLEY J. CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, EIT August 14, 2008 To Whom it may Concem: LOUIE W. WISHERT, JR., PLS RICHARD L. WEHR, PLS JOSEPH W. BAKEP., Ply RECEIVED, MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV Soils in the proposed Toscana development west of .40th Avenue and north of Englewood Avenue are cohesionless and non -plastic. Such soils are stable on slopes of 2 horizontal to 1 vertical or flatter. 1ExPmss A.,(/ plc, 7 1 Sincerely, Brad Card, P.E. Principal Engineer DOC. INDEX 1120' West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993 APPENDIX "8" To Whom it May Concern: ENGINEERING & SURVEYING BRADLEYJ. CARD, P.E DOUG KUHN, P.E SCO1T GARLAND, ER LOUIE W. WISHER': JR, PLS RICHARD L WEHR, PLS JOSEPH W. BAKER, PIS August 26, 2008 RECEIVED MAY 1 1 2009 COSY OF YAKIMN PN1NG DIV. The possible presence of non -leachable lead and arsenic mentioned in the Environmental Site Assessment for the Delmar Pearson property located in the vicinity of North 40th and Englewood Avenues in Yakima, Washington is also true of all the old orchard land in Yakima County. BC:jc (EXPIRES 24/ip/d,' 1 Sincerely, Brad Card, P.E. Principal Engineer 1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 FAX (509) 575-6993 • TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP '1f #001-09, PLP#001-09, SEPA#020-09 EXHIBIT LIST CHAPTER F Applications -'�6 � �f1EX'i`tv-3f:.a'`Rr�i'ewX,.i='..Rr'.,"4n.'".ch r... _:... . . .................A ['+`.Fv,{ fi'Y'$`''�a 1 F ,f4+g �3A '+..^Y 4 4 +.nt� 'T'vi�"c. fY #k dee ':'7 r x<,T'i &���lia ,�,$ 4Ar2"`s..�..�„} 5,5�..,hsa:, ��"0�-,., �.���„, .1'.rs.E. � _ ice.. �'` �. �u +W r-•'t��".t� ,�.i 05/11/2009 F-1 Land Use Application submitted for Preliminary Long Plat, SEPA Review, and Transportation Capacity Analysis TO The Casey GI Architects 5521-A 100th St. SW • Lakewood, WA 98499 (253) 584-5207 FAX: (253) 581-9720 Ltqt Ya -e' We Are Sending You: LLCTTC 'OF `tf. HB i r DATE - 8- 6 JOB NO. 0'2, I z z. ATTENTION PROJECT: 0 ti.4 e IL -12.--7.4 e, . EILMN A A fir'[-, VIA: Prints D Mylars ❑ Other ❑ Fax sit Xerox ❑ Disks ❑ ❑ Pick up ❑ Mail Printing: ❑ REPROGRAPHICS HOUSE . CASEY GROUP MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. Sheets Including Letter Of Transmittal Delivery By f Q L 6 C a -,) COPIES DATE NO. BILLING 171 X4- n eL Zi -..2,e, (2 4-1 itZtet_z_L 1 / /u6z, vu, Cir . `z-'/tW . / EN3 4A 1 -4J _2 'i7 / Li 2 G-_ G' L- e_.. 1 8V /gAd J6 l.,�r C/pi_i_IL,f A- - 4 q. 1 3 /11(17 PI -T'2 -'P3 12 4 .1,i.PZ .1)34 i-1 I CZ -4-/x36. These Are Transmitted As Checked Below: ❑ As requested ❑ For your use ❑ Approved as submitted ❑ Approved as noted 'i For approval 0 Returned for correction ❑ 0 For review and comment REMARKS • DOC INDEX COPY TO. SIGNED: OGc-Lt Ct (-r,(_.Q ) If enclosures are not as noted, kindly notify us at once. gJCT'I-AAS CITY OF YAKIMA LAND USE APPLICATION RECEIVED DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR MAY 1 2009 YAKIMA, WASHINGTON 98902 VOICE: (509) 575-6183 FAX: (509) 575-6105 CITY OF YAKIMA se ,I a oriprint y®urlansw*ea s clearly • Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART 11 and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. -RMA d 1. APPLICANT NAME Envizage Development Group 2. APPLICANT ADDRESS AND PHONE NUMBER STREET 200 Galloway Drive CITY Yakima STATE WA ZIP 98908 PHONE 253 405 0442 MESSAGE 3. APPLICANT'S INTEREST IN PROPERTY CHECK ❑ OWNER ® OWNER REPRESETATIVE ONE 0 CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER (IF OTHER THAN APPLICANT) NAME Toscanna, LLC 5. PROPERTY OWNER'S ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STREET 200 Galloway Drive CITY Yakima STATE WA ZIP 98908 PHONE 509 966 8415 MESSAGE 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: 181315-31011 7. EXISTING ZONING OF SUBJECT PROPERTY: R1 & R2 8. ADDRESS OF SUBJECT PROPERTY: Fechter Rd / N. 406 Avenue, Yakima, WA 98908 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use ❑ Class (3) Use O Rezone O Variance O Home Occupation ❑ Administrative Adjustment ® Environmental Checklist (SEPA) ❑ Modification to Approved Class (2) & (3) Uses ❑ Appeal ❑ Non -Conforming Structure/Use ® Preliminary Subdivision —P arned Ceveicptent ❑ Short Plat ❑ Right -of -Way Vacation ❑ Short Plat Exemption ❑ Shoreline ❑ Utility Easement Release ❑ Interpretation by Hearing Examiner to Other —' CevedotarEnE AgreErrent ItictiED— F: iJS 10. SEE ATTACHED SHEETS 11. I certi at -A 1Ii he information on this application and the required attachments are true and correct to the best of my knowledge. Revised 9-98 DAT FE P SIGNATURE FOR ADMINISTRATIVE USE ONLY f b* PL -O CDLCPLP-41=a)1-()CI 5PA*020— i FILE No. TC040 0 /0 -()9 leikr RECEIPT - D� IAEA 3 DOC. INDEX APPLICATION FOR: PRELIMIN '' Y SUBDIVISON CITY OF YAKIMA SUBDIVISON ORDINANCE RECEIVE !' MAY 1 12009 CITY OF YAICIiwi PLANNING DIV. 1. PROPERTY OWNER List all persons and financial institutions that have a financial or ownership interest in the property. (Attach if lengthy). Name and address Name and address Toscanna, LLC 200 Galloway Drive Yakima, WA 98908 2. SURVEYOR AND ADDRESS PLSA Engineering & Surveying 1120 W. Lincoln Avenue, Yakima, WA 98902 3. MAIN CONTACT (Person who should receive correspondence and be available to answer questions) Rick Wehr, PLSA Engineering & Surveying 1120 W. Lincoln Avenue, Yakima, WA 98902 4. GENERAL LOCATION OF PROPERTY (Address if available) on Castelvale Rd, across from Seattle Slew Intersection, on existing parcel # 181315-31011 5. NAME OF SUBDIVISON Toscanna I eiROPOSED NUMBER OF LOTS/RANGE OF LOT SIZES 66 plus common tract. 7. SITE FEATURES A) General description of the site (Check all that apply) ❑ Flat ® gentle slopes ❑ steep slopes B) Are there any indications of hazards associated with unstable soils such as slides or slipping in the area? ❑ YES ENO 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 0 NO 8. UTILITIES AND SERVICES A) Indicate the source of domestic water and sewage disposal method: City of Yakima Service B) Check which of the following is available: 0 Electricity CITelephone 0 Cable TV 0 Natural Gas C) Is irrigation water available to the property? El YES ❑ NO By whom: Yakima Valley Canal Company D) Distance to nearest fire hydrant; Adjacentto SE property corner @ Kern Road E) Name of nearest street: Castelvale F) Name of nearest school: Discovery Lab School G) Method of handling surface water drainage; determined by City 9 I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review..I understand that condi- tions of approval such as dedication of right -of- way, easements, restrictions on the type of buildings that may be constructed, elaccess restrictions from public roads may be imposed as a part of preliminary plat approval and that failure to meet these ditions may result in denial of the final plat. i G. . Property Owner(s) DOC. INDEX # / City of Yakima, Washington TRANSPORTATION CAPACITY ANALYSIS RECEIVED MAY 1 1 2009 O CITY OF YAKliblr; PLANNING DIV. The Washington State Growth Management Act (RCW 36.70A.070) be consistent with the existing or planned street system capacities. The City ouiresf all ad p ed ent to Yakima Municipal Code Section 12.03 to implement this local requirement. The information you provide with this application will be used to estimate the impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFORMATION FEE: $250 (Receipt # �� Applicant Name: ENV �� � /2..A De1deto nr1Ggov Contact Person: Ke: H 54% P� Q ,� S 09 - ?6 6 - RV/S Cell Mailing Address: 2.0 n Gw,/atv.ty bk. NrA1C+ w► 9.6 geta q WA-. Project Address: R I e9 � S I ��.�! 2v,.l Yitk, 1;21 tAts F&' � Parcel Number: /g/.3 1S 3 0/, RESIDENTIAL COMMERCIAL Number of Units kb Describe Housing Type: Si e , �,` y (single � e , t�r, , MHP) INDUSTRIAL. t Gross Floor A Gross Floor Area: Special Population: N 0 (Assisted Living, Nursing Home, etc) Other: (Day Care, Church, etc) Parking Spaces: Parking Spaces: (Required/Provided) (Required/Provided) Number of Employees Number of Employees ,Projecttion: Descrip 64 - s i��� ��c y �w�i � t �:? r'�t�t V�60 �.�;. f $ Sce TAc, ,'c tv P� (--° *****PLEASE ATTACH A SITE PLAN***** Submit this form , attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruitvale Boulevard Yakima, WA 98902 Phone_ 509/575-6005 DOC. INDEX � r • SITE PLAN INSTRUCTIONS & CHECKLIST Important: Must e Completed Aid Returned With Application Order For Application To Be Determined Complete For Further Processing! ! ! A DETAILED SITE PLAN IS REQUIRED. On August 8, 1996, the City Council passed a resolution (No. R-96-9 1) adopting a requirement that all site plans submitted in conjunction with my building permit application, land use application, and environmental application shall contain certain information and be approved by the appropriate Division Manager. The required information for the site plan is on a checklist and is enclosed in this information packet. All information that is applicable to your proposal shall be checked off and clearly displayed on the site plan. It is in the applicant's best interest to provide a carefully drawn and scaled site plan with all required information. The decision on whether or not to grant approval of your development proposal is largely based on the information you provide. An application cannot be processed until an adequate site plan is submitted. 1) USE INK. Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink. Ink is necessary for adequate duplication. 2) USE A STRAIGHT EDGE. All lines must be straight and done with the aid of a ruler or other straight edge. Use a compass when delineating circular drawings such as cul-de-sacs. Computer drafted site plans are acceptable. 3) DRAW TO SCALE. Site plans shall be drawn to scale. The site plan template has a suggested map scale of 1 map inch equaling 20 feet on the ground. Distances on the map must be as representative of reality as possible. For example, if the distance from a structure to a property line is 20 feet, the distance on the site plan will be 1 inch. 4) USE SITE PLAN CHECKLIST. Use the site plan checklist and provide all applicable information on the site plan. 5) FILL IN INFORMATION ON THE SITE PLAN TEMPLATE AVALIABLE AT THE CITY OF Y INFORMATION BELOW TO YOUR SITE PLAN. Complete all information requested on the bottom of If you use a different medium, provide the requested information on the alternative paper. .ote: You may benefit from the aid of a professional in the preparation of a site plan. LOT COVERAGE CALCULATION a) Footprints(s) of Existing — SQ FT Structures b) Building Addition/New TBD SQ FT Structure(s) Footprints(s) c) Paved Area(s) (driveways, SQ FT walkways, patios, etc.) d) Proposed Paved Area(s) TBD e) Total Impervious Surface TBD (a+b+c+d =e) f) Lot Size Varies SQ FT g) Lot Coverage (e+f X 100 = g) SQ FT SQ FT Applicant Name Mailing Address Contact Person Produced By: Applicant Signature Parcel #(s) MAY 1 1 CITY OF YAKIMA Envizage Development Group PLANNING DIV 200 Galloway Drive, Yakima, WA 98908 Keith Basham Phone: ( 253 )405 0442 The Casey Group Architects Date: 4/15/2009 Date: 181315-31011 Site Address Castelvale Rd Zoning R1 & R2 Legal Description (brief) See attached MAP SCALE (Please use the given scale if possible. In some circumstances however, a different scale may be more appropriate.) check one illPreferred Scale: 1 inch on the map = 20 feet on the ground Custom Scale: 1 inch = 80 PARKING CALCULATION 132 Spaces Required > 132 Spaces Provided DOC. INDEX F-/ Department of Community and Economic Development Office of Code Administration Receipt Number: R=09400932 129 North Second Street, 2nd Floor Yakima, Washington 98901 PD#001-09 18131531011 FECHTER RD/N 401H AVE 1C0#010-09 18131531011 FECHTER RD/N 401H AVE SEPA#020-09 18131531011 FECHTER RD/N 401H AVE PLP#001-09 18131531011 FECHTER RD/N 401H AVE Planned Development Transportation Capacity Ordinance SEPA Environmental Review Preliminary Long Plat CHECK 5116 Total: $ 2,745.00 $2,745.00 $570.00 $250.00 $225.00 $1,700.00 Total: $570.00 $250.00 $225.00 $1,700.00 $2,745.00 RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. $0.00 $0.00 $0.00 $0.00 genpmtrreceipts INDEX F -I Page 1 of 1 • TOSCANNA LLC / ENVIZAGE DEVELOPMENT GROUP PD#001-09, PLP#001-09, SEPA#020-09 EMI Io:YIT LIST CHAPTER G Public Notices H'yaY) i! .....,i. .� ten. ... -..� ye w..+�s �� i� 34_,3 ��T •-v _u�`i� £cy j44� "L xx.'m#'�ie .. .,e _a .+'^ 'v _n:. f�T.r.w� is 'aae€in '^�, :bXe_3 a� tl�...w�bi..:....s�_..M *sCiw+xn$,'R�i''r: G-1 Determination of Application Completeness 05/14/2009 G-2 Notice of Application, Environmental Review, and Public Hearing G -2a: Press Release and Distribution E-mail G -2b: Legal Notice and Confirmation E-mail G -2c: Parties and Agencies Notified G -2d: Affidavit of Mailing 05/18/2009 G-3 Notice of Decision for Transportation Concurrency 05/20/2009 G-4 Notice of Mitigated Determination of Non Significance (MDNS) G -4a: Press Release and Distribution E-mail G -4b: Legal Notice and Confirmation E-mail G -4c: Parties and Agencies Notified G -4d: Affidavit of Mailing 06/12/2009 G-5 Land Use Action Installation Certificate and Confirmation of Posting Sign 06/16/2009 G-6 Hearing Examiner Packet Distribution List and Parties of Record 07/02/2009 G-7 Hearing Examiner Agenda 07/09/2009 G-8 Hearing Examiner Sign -In Sheet 07/09/2009 G-9 Notice of Hearing Examiner's Recommendation (See DOC Index # BB -1 for HE Recommendation) G -9a: Website Posting G -9b: Certified Mail to Applicant G -9c: Parties of Record Notified G -9d: Affidavit of Mailing 07/27/09 G-10 Letter of Transmittal: City Council Public Hearing (Mailing Labels, Vicinity Map, Site Plan, E-mail to City Clerk) 08/03/2009 G-11 Agenda Statement — Set Date of City Council Public Hearing for Preliminary Plat and Development Agreement 08/04/2009 G-12 Notice of City Council Closed Record Public Hearing 08/04/2009 • CITY OF YAKIMA NOTICE OF PUBLIC HEARINGS Toscanna LLC Phase 1 Preliminary Long Plat NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a "Closed Record" Public Hearing on Tuesday, August 18, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, Washington to consider the Hearing Examiner's recommendation on the application submitted by Toscanna LLC for a preliminary long plat to create 66 common -wall lots (plus common area tract), and SEPA environmental review. The subject property is in the vicinity of Castelvale Road and Seattle Slew Run. In addition, the Yakima City Council will conduct an "Open Record" Public Hearing on the proposed development agreement for a master planned development. Closed Record Hearing means the public is invited to testify on the existing Hearing Examiner's records, but will not be allowed to introduce any new information. Open Record Hearing means public testimony will be allowed and may be considered in the final decision. Any citizen wishing to comment on this request is welcome to attend the closed record public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901"; or, 2) E-mail your comments to ccouncil@ci.yakima.wa.us. Include in the e-mail subject line, "Toscanna preliminary plat." Please also include your name and mailing address. Dated this 4th day of August, 2009. Deborah Moore City Clerk DOC. • OF. THE prilf. _cppuppi, . . ....... _ . . AGENDA STATEMENT _ - . FOr2009 MENDAT1 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Debbie Moore, Yakima City Clerk, by hand delivery, the following documents: 1. Mailing labels for TOSCANNA LLC (PD#001-09, PLP#001-09, SEPA#020-09); including all labels for adjoining property owners within 500 feet of subject property, agencies and parties of record. 2. One black and white vicinity map. 3. One site plan. 4. I have also transmitted to Debbie Moore, Yakima City Clerk, by e-mail, a Legal Notice which was published for the Hearing Examiner Public Hearing. This will supply information to be included in the City Clerk's legal notice of the City Council Public Hearing. Signed this 3rd day of August, 2009. R alinda Ibarra Planning Technician Received By: Date: DOC. 181315-31403 917 TRIPLE CROWN LLC 917 TRIP,LE CROWN WAY # 20 YAKIMA, WA 98908 181315-32442 ANATOLE & ELIZABETH KIM 911 COACH CT YAKIMA, WA 98908 181315-24442 ARNO L & JOYCE L PELL JOHNSON 4306 FELLOWS DR YAKIMA, WA 98908 181315-34477 BLANCHE L FORTIER 4201 GARDEN PK WY B YAKIMA, WA 98908 181315-34462 BURTON & LAURA LEIGH POWERS 4107 GARDEN PARK WAY YAKIMA, WA 989082629 181315-24414 CHARLES G SCOTT 4107 DONALD DR YAKIMA, WA 98908 181315-32502 CLIFFORD P & MARGARET KNOBEL 801 TENNANT LN YAKIMA, WA 98901-3727 1:1315-314 D P PRORT ES INC 21' SAI HEL.-NS S YAKI , WA 9890 62 181315-31408 D E'P PROPERTI. INC 2101 SAINT EN ST YAKI a, W 8902-4 181315-32499 AIDA 0 GARCIA 821 CONESTOGA BLVD YAKIMA, WA 98908 181315-24473 ANDREW M & WILMA JEAN MERVOS 4108 DONALD DR YAKIMA, WA 98908 181315-31402 BAKER BOYER BANK PO BOX 1263 YAKIMA, WA 98907 181315-32400 BRUCE A LAWRENCE 918 CONESTOGA BLVD YAKIMA, WA 98908 181315-24443 C. DEAN & GERALDINE AMENDE 4304 FELLOWS DR YAKIMA, WA 98908-2207 181315-32456 AMAL Y SEIF 828 N CONESTOGA BLVD YAKIMA, WA 98908 181315-32lip501 ANTHONY R & LORI T THOMAS 5808 SUMMITVIEW AVE STE A YAKIMA, WA 98908 181315-33466 BETTY ANN VAN RYDER 807 N 46TH AVE YAKIMA, WA 98908-2467 181315-33478 BRUCE S & DIANE N CROCKETT 713 N 46TH AVE YAKIMA, WA 98908 181315-34479 CAROLINE PURDON 4301B GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-34034 181315-32493 CHRISTIAN LIFE CENTER CHURCH OF CLAUDE M & PAULA SLAYE 716 N 40TH AVE 4506 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32492 CONNIE J WHITE 4001 SUMMITVIEW AVE # 5 YAKIMA, WA 98908 181315-3 407 E P. '•O•.'TIES/I 01 AINT - �S YA MA, WA 98902-4162 181315-24424 DAMEN GARCIA 143 ROBERTS RD YAKIMA, WA 98908 181315-32446 181315-32452 DANIEL A & BROOKE L ALLEN DAVIS DAVE & BECKY FRANKLIN 908 COACH 4604LN YAKIMA, WACT 98908 YAKIMA, WAY 98908 DOC. 181315-33467 DAVID L & JUANITA WILBURN 711 N 46TH AVE YAKIMA, WA 98908 INDEX 181315-32469 DAVID T. JOYNT 821 CARRIAGE HILL DR YAKIMA, WA 98908 181315-31405 D E P PROPERTIES INC 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 181315-31408 D i P PROP. ES I 211 SAI YAK WA 98902-41 181315-24468 DAN K & ELIZABETH E PENHALLEC 4105 FECHTER RD YAKIMA, WA 98908-2431 181315-32432 DAVID C IRWIN 44061110 CARRIAGE DR YAKIMA,98 HILL WA 96908-241515 1315-32459 DILEEP & AMY DHRUVA 4603 PHAETON PL YAKIMA, WA 98908 181315-32491 181315-32510 181315-32494 DONALD & REMONA TRUHLICKA TRUST DONOVAN M & DIANE M YOUNG DOUGLAS B.& THERESA ALLEN 4604 SON'NESTOGA BLVD 913 CONESTOGA BLVD 4504 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 989082423 YAKIMA, WA 98908-2425 • 181315-32508 181315-34458 DUANE R & DOROTHY L BRODRICK KNI EDITH MC ARTHUR 909 CONESTOGA BLVD 4203A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2673 181315-24422 ERIC & BARBARA J CURETON 4203 FECHTER RD YAKIMA, WA 98908 181315-32468 GEORGE J & SUSAN G VLAHAKIS JR 819 CARRIAGE HILL DR YAKIMA, WA 98908 181315-33472 181315-32437 GERALD N & CYNTHIA PERKINS HINO GERALD N & DIANA L MELLEN 724 N 44TH AVE 904 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908-2422 181315-32513 GREGORY G CHIN FAMILY TRUST 919 CONESTOGA BLVD YAKIMA, WA 98908-2423 1 -33474 H 315-3 75 MACGREGOR GH M•'GR.GOR PO BOX 4585 P BO- 4585 EL DORADO HILLS, California 9576 EL DORADO HILLS, 181315-24447 HAN CHOL & HYONG 0 KIM 4305 FELLOWS DR YAKIMA, WA 98908 California 181315-34459 181315-34480 JACK H & SHIRLEY L BARKER TRUSTE JACK HARWOOD 4203 B GARDEN PARK WAY 4109A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2629 181315-24464 JACK M & NATALIE G KING 4109 FECHTER RD. YAKIMA, WA 98908-2431 181315-32498 JAMES R. LANE 819 CONESTOGA BLVD YAKIMA, WA 98908-2420 81315-24412 ES • CKET 40s GL AV YAKIMA, WA 98908- 19 181315-34481 JEFFREY & VIVIENNE GAMACHE 4109B GARDEN PARK WAY YAKIMA, WA 98908-2629 181315-32401 ELSIE M KUSHNER 4403 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-23023 GERALD & DOLLY BUSEY 4307 FELLOWS DR YAKIMA, WA 98908 181315-23018 GERALD W & JUDY ADAMS 4501 FECHTER RD YAKIMA, WA 989082434 181315-32511 HECTOR R FELIX 915 CONESTOGA BLVD YAKIMA, WA 98908 181315-34035 INTERNATIONAL CHURCH FOURSQUA 1910 W SUNSET BLVD #200 9576 LOS ANGELES, California 90026 181315-24445 JACK I & MARY H LOVELL 4301 FELLOWS DR YAKIMA, WA 98908-2208 181315-32465 JAMES L & BONNIE P SCOGGINS 4603 CONESTOGA BLVD YAKIMA, WA 98908 181315-34463 JEFFREY T & TERESA L LOUMAN 4105 GARDEN PARK WAY YAKIMA, WA 98908 181315-33436 181315-31007 181315-3.___ JE D A & SYLVIA JACOBY JERRY L & MARCIA L BLEVINS J:RRY & MA'CIA L BLE ODWAT98908 YAK2 IMA40WAH A98908-2402 ®®E' YA0 KIMA,0TH AV , WA 98908-2402 INDEX 1 6 s /D 181315-32504 JOEL & JOAN WEYHE 301 CONESTOGA BLVD. YAKIMA, WA 98908 181315-32447 181315-32430 JOHN & DEBBI SPITLER REVOC LIVIN JOHN E & PEGGY A MAXWELL 906 COACH CT 4410 CARRIAGE HILL DR YAKIMA, WA 98908-2418 YAKIMA, WA 98908-2415 181315-32470 JOHN F & ,?ERRIILYN MAKINS 323 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32402 JOSH & JAEL HUIZAR 1405 CARRIAGE HILL DR (AKIMA, WA 98908-2416 181315-32496 CENT A MC LACHLAN 315 CONESTOGA BLVD (AKIMA, WA 98908 ,.81315-24420 ,ARRY R & BETTY DOUGLAS 1201 FLETCHER RD AKIMA, WA 98908 .81315-24413 ,ESLIE C RUCKER .013 FELLOWS DR 'AKIMA, WA 98902 181315-32405 JOHN G & ROBIN WATKINS 4411 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32435 KATHRYN I BLANKENSHIP 908 CONESTOGA BLVD YAKIMA, WA 98908-2422 181315-24423 KENT C SEELIG 4204 DONALD DR YAKIMA, WA 98908 181315-32497 LEE C & PATRICIA J CLARK 817 CONESTOGA BLVD YAKIMA, WA 98908 181315-32434 LEX C & ANITA L TOWNS 21767 RADICLE RIDGE WAY KIRKSVILLE, Montana 63501 .81315-33435 181315-24426 LOUIS J & MARGARET E PETERSCHICK MANUEL L LOZANO .08 N 46TH AVE 4206 FELLOWS DR AKIMA, WA 98908-2401 YAKIMA, WA 98908 81315-32460 iARTIN K & SANDRA M DEVER 605 PHAETON PL AKIMA, WA 98908 81315-33473 ICHAEL & SUE GUNDERSON 20 N 44TH AVE AKIMA, WA 98908-2610 81315-32506 ILTON LEE & KARIE LYNN COOPER 05 CONESTOGA BLVD AKIMA, WA 98908 181315-32431 MATTHEW D & HOLLY J CHRISTENSEN 4408 CARRIAGE HILL DR • YAKIMA, WA 98908 181315-32404 MICHAEL B GEFFRE 4409 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-34036 MT ADAMS CATTLE CO 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 81315-24434 18131 , 24435 OMITA MEHTA NOMI A '. EHT 018 FELLOWS DR 1. FE::., O D I+ AKIMA, WA 98908 YAKIMA, W° 98908 DOC. INDEX # 6-10 81315-32509 ATRICK A TRUE 11 CONESTOGA BLVD AKIMA, WA 98908-242.3 181315-34456 JOHNETTE SULLIVAN 4303 GARDEN PARK WAY YAKIMA, WA 98908 O 181315-34476 KAY LUCAS REVOCABLE LIVING TRL 225 19TH ST NE # 15 EAST WENATCHEE, WA 98802-4272 181315-24444 LARRY & BARBARA KOREIS 4302 FELLOWS DR YAKIMA, WA 98908 181315-32433 LEO & KAREN LEE 4404 CARRIAGE HILL DR YAKIMA, WA 98908-2415 181315-32445 LISA J ZIGLER 910 COACH CT YAKIMA, WA 98908-2418 181315-33437 11111 MARIO M & JANE VILLANUEVA 4603 MODESTO WAY YAKIMA, WA 98908-2578 181315-24450 MELICIEN TETTAMBEL 4302 SCENIC DR YAKIMA, WA 98908 181315-32441 MICHAEL L & CYNTHIA G MCFARLAN 909 COACH CT YAKIMA, WA 98908-2452 181315-31409 NICLOAS K REEP, DDS,PS 3804 KERN RD # A YAKIMA, WA 98902 181315-24446 PAJAH LLC 805 N FRONT ST YAKIMA, WA 98901-2219 181315-24449 PAUL F. HAMMERSTAD 805 N FRONT ST YAKIMA, WA 98901-2219 O 181315-24417 PUCCINELLI REVOCABLE LIVING TR 4102 DONALD DR YAKIMA, WA 98908 181315-32512 RAYMOND,& ANITA A NAVARRO 917 N CONESTOGA BLVD YAKIMA, WA 98908 (OM '4 re 813 5-21 72 ICK •EHR 8.3 EF pt ctG,, 70 3 CIRCLE NO H RL' TON, South Carolina 181315-32464 ROBERT M & JUNE W WILKES 4601 CONESTOGA BLVD YAKIMA, WA 98908-2428 181315-32503 RONALD V & LINDA J HATFIELD 829 CONESTOGA BLVD YAKIMA, WA 98908 181315-32436 SCOTT M LARSON 906 CONESTOGA BLVD YAKIMA, WA 98908 5-32505 T ESE C. HAMM 903 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-32467 THOMAS R. DDS ROSIER 817 CARRIAGE HILL DR YAKIMA, WA 98908 181315-31011 TOSCANNA LLC 200 GALLOWAY DR YAKIMA, WA 98908-9023 181315-32457 TREVOR L T & MELANIE M GREENE 826 CONESTOGA BLVD YAKIMA, WA 98908-2421 18 315- 458 W 8 STO WA 98908 181315-32440 WILLIAM D & ANNA M MAHONEY 905 COACH COURT YAKIMA, WA 98908 181315-32443 RICHARD J & ELIZABETH IRONS 913 COACH CT YAKIMA, WA 98908 181315-32462 ROBERT C MARTIN PO BOX 2667 YAKIMA, WA 98907 181315-32463 ROBERT R & MARIE C NEWSTEAD 814 CONESTOGA BLVD YAKIMA, WA 98908-2419 181315-32454 ROSEMARY FALON 4506 SURREY LN YAKIMA, WA 98908-2440 181315-32444 RICHARD L & LISA BALDOZ 912 COACH CT YAKIMA, WA 98908 181315-32439 ROBERT H & KIMBERLY A WILKIN 4503 SURREY LN YAKIMA, WA.98908 181315-33479 RON & TERESA JONES 715 N 46TH AVE YAKIMA, WA 98908 181315-34478 RULON C BERGESON 4301A GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-32403 181315-24415 STAN K & JACQUELINE KORESKI BIRD STEPHEN P & KAREN L HARRISON 4407 CARRIAGE HILL DR 1019 FELLOWS DR YAKIMA, WA 98908-2416 YAKIMA, WA 98908 181315-33038 THOMAS & DOLORES M GASSELING 714 N 44TH AVE YAKIMA, WA 98908 181315-32438 HOMAS & SH 974 YAKIMA, '8909-1974 81315-3403 OSC 0 ALL: •Y DR YAKIMA, WA 98908-9023 181315-24432 TYRONE F RODRIGUEZ 4203 FELLOWS DR YAKIMA, WA 98908 DOUT 181315-32466 THOMAS E & LOIS H NELSON 815 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32429 TIMOTHY G & LYNN M GELLERSON 4506 CARRIAGE HILL DR YAKIMA, WA 98908-2417 181315-34455 TRAVIS L & SANDRA D RUNDELL 1 4305 GARDEN PARK WAY YAKIMA, WA 98908 181315-32453 VIVIAN & SHAWN C LOUDON 4602 SURREY LN YAKIMA, WA 98908-2442 181315-32500 181315-32514 WAYNE E & COLLETTE M HEFFNER JR WILLIAM & MACILE-TR COWMAN 823 CONESTOGA 921 CONESTOGA y� YAKIMA, WA 98908 YAKIMA, WA 989;Is . 181315-3 455 WILLIAM M II PO Bf 62 .LILLIWAUP, WA 98555-0062 INDEX 181315-24425 WILLIAM P & TERI L FOSTER 4207 FECHTER RD YAKIMA, WA 98908 181315-32461 WILLIAM ? & KIMBERLY K FETZER 4604 PHAETON PLACE YAKIMA, WA 98908 181c 5-3.495 YAKIMA 129 ND YAKIMA, WA 98901-2613 181315-42406 181315-32507 YAKIMA VALLEY MEMORIAL HOSPITAL YUN G & AE S CHOI 2811 TIETON DR 907 CONESTOGA BLVD YAKIMA, WA 98902 YAKIMA, WA 98908-2423 137 labels printed for map sheet toscanna 181315-31401 YAKIMA COMMUNITY FEDERAL CRED PO BOX 2707 YAKIMA, WA 98907-2707 Maud Scott 307 Union Street Yakima, WA 98901 181315-24472 RICK GEHRING 84 ACREWOODS PL SPRING, TX 77382 DOC. INDEX # G-!© 1 O Parties of Record — Toscanna LLC — PD#001-09, PLP#001-09, SE ''A#020-09 Sjule 2 Galloway Drive Yakima, WA 98908 Rick Wehr 1120 West Lincoln Avenue Yakima, WA 98902 Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Ron Hatfield 829 Conestoga Blvd Yakima, WA 98908 • Keith Basham 12419 172nd Street E, #NN103 Puyallup, WA 98374 Chad Hatfield 414 North 2nd Street Yakima, WA 98901 Hasan Tahat 329 North 1st Street Yakima, WA 98901 Bob and Jan Martin 4602 Phaeton Place Yakima, WA 98908 r)Lit of C C' //cavil/15r soil ivvao -0q11101 Paul Casey 5521 100th Street, SW , #A Lakewood, WA 98499 Dan Johnston 1102 Fellows Drive Yakima, WA 98908 Gwen Clear 15 West Yakima Avenue #200 Yakima, WA 98902 Sonny Cooper 905 Conestoga Blvd Yakima, WA 98908 DOC. INDEX Parties of Record - Toscanna LLC - PD#001-09 PLP#001-09, SEPA#020-09 ' Vii, VA Ik:Vtiet : ' r ' MI ' t'' '''114'' - ' '''.Erst , arilg; '‘ *1 P ' A,,,,, ,% % 4 , : • 4''''1''' ,,. — '4 '' " , ., Ia..0, e ''--rt. a e Envizage Development Group Sjule David 200 Galloway Drive*.* Yakima WA 98908 Yes Toscanna LLC Basham Keith 12419 172nd Street E, #NN103 Puyallup WA 98374. No The Casey Group Casey Paul 5521 100th Street, SW , #A Lakewood WA 98499 No PLSA Wehr Rick 1120 West Lincoln Avenue Yakima WA 98902 No Hatfield Chad 414 North 2nd Street Yakima WA 98901 No Johnston Dan 1102 Fellows Drive Yakima WA 98908 No Yakima Valley Canal Co. Smoot Robert 1640 Garretson Lane Yakima WA 98908 No Yakima Regional Clean Air Tahat Hasan 329 North lst Street Yakima WA 98901 No Dept. of Ecology Clear Gwen 15 West Yakima Avenue #200 Yakima WA 98902 No Hatfield Ron 829 Conestoga Blvd Yakima WA 98908 Martin Bob and Jan 4602 Phaeton Place Yakima WA 98908 Cooper Sonny 905 Conestoga Blvd Yakima WA 98908 PO of 1 Updated on August 3, 2009 OD-RG, SEPA Reviewer Army Corps Box c-3755 tile, WA 98124 Cascade Natural Gas 701 S. 151 Ave Yakima, WA 98902 Chamber of Commerce 10 N 9°' St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 98101 • FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation 1 1 1 S. 18°i St. Yakima, WA 98901 Yakima School District S uperintendent 104 N. 4°1 Ave Yakima, WA 98902 ' Yakima Airport Manager 2400 W. Washington Ave Yakima, WA 98903 • LASI UP S1;1 -1A Kt✓VIEWINU A(.±NUIES 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. 411 Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2"d Ave. Room 304 Yakima, WA 98902 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div. Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr - PO Box 151 Toppenish, WA 98948 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 329 North 151 Street Yakima, WA 98901 Mr. Lee Fau]coner 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 Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 DOC. INDEX Page 1 of 2 Ahtanum Irrigation District P.O. Box 563 Yakima, WA 98907 Wastewater Division Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redifer Yakima County Public Services Mr. Steven Erickson Yakima County Planning Dept. of CTED Growth Management Services PO Box 42525 . Olympia, WA 98504-2525 LIST OF SEPA REVIEWING AGENCIES YVCOG Transportation Planner 311 N. 4th Street STE 202 Yakima, WA 98901 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicolai Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 (}Ie of C1+4 C,ou.n ci I N-cau'in9 PD4W0o� 9 [�q Yakama Indian Nation Environmental Protection Prog. Moses Segouches PO Box 151 Toppenish, WA 98948 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24`x'. Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton°Drive Yakima, WA 98902 DOC. INDEX # -Io O Page 2 of • Royale Schneider ('odc' Administration Carolyn Belles Code Administration Sandy Cox, Codes DECISIONS ONLY For the Record/File Ron Melcher Fire Dept. City Legal Dept. City Clerk DECISIONS ONLY Binder Copy DECISIONS ONLY Mike Antijunti Engineering Division Jerry Robertson Code Administration Bill Cook, CED Dir. DECISIONS ONLY Mike Shane Water/Irrigation Div. Office of Neighborhood & Development Services Nathan Thompson DECISIONS ONLY DOC. INDEX - ! •.„ 1\ . \ /- • ...'„.• IZ7 • -- I tc• !-:" • .. , • " ' . 1 i • / DONALD DR --, • . . , \I 'r----- oad \ ) / / stk.- • —H Sun, 1", ---i I •---- 1 T • --- 1.JH Canariodo Bird L - T r T — , • • , I t 1 I I Wodarto Wy 117 /42) 1 L ededdn Bak WY 4\ , 1 _J w ws PLACE • • " I Madan Wy CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: PD001-09 PLP001-09 SEPA020-09 APPLICANT: Envizage Development REQUEST: Construct 66 common wall units. Planned Development. LOCATION: Vic Fechter RD/N 40th Ave DOC. INDEX # --/ STATISTICS PARCEL NfYER. LEGAL DESCR01104 EC nG. LOT AREA: LOT AREA OF MASES I - 1. RS 5CSED AREA CP LD1. 100P06E0 LSE. 160630E DIRE 001401 rotor DAS AOE6 LM ACRES LI ACRES ATTACRED 00LE PAMLT D YELLeGS IC0010.1 WLLI CLASS IUSE 1.0.06ED WITS. H DAT, P ROPOSED 140111 DI4ELL1G WLOT AMM 44O06 IT P. PMOPOCBD rene er% 314, C' DIMPRaf. 3n' 1PRT1 RC4 CENTER.LTE1 PROPOSED 1110H MELD. 10 000 35 FEET PROPOSED MIM I LOT 00 . 35 PfEr PROPOSED r100101 LOT COvERASE. 500 PROPOSED MOLT STALLS. /010, AODRIQI4 PAa01G STRIP PROPOSED LLC11G PFWATE DRIVE DEMO • GROSS 61TE AREA DOA 0011 SA ILA ACRESI PRAM 400ID11RACT6, =ELM NET .LMA: 206014 OP. (610 ACR61 ALLOYED 0040111. 611 AUE0 • 9 WITDACEE • 52 MI6 PROP06ED DEMIIT) A6 W05/6A6 ACRE5 • 03 4061ACRE • a6RIER O. MOM O. TOMTAM NOMA MEM O▪ P MT Cr NE TAMA PALLET CANT COMANT rqMT CUMIN bMAT L 02116 SOmeMTTLITE!!1 OuMt"0.� 4100041 clamp 0 Mt M 'AMY ien EMMA, OT MAINT MP or CAAA faOa MoAMLMLT 0T ON 0 501 NORMAL, AL a• Airma• eM S 0 TN 14020601 OUR.10 i1R CILMISK NMI FEET MOT AT 115 son.. MET TONT• aLM1Mmos e C.0.1. MowrN>uC C, VAT ACMu11.•w NORTNEM M1taM Loren 000010 1.•C, 1001, COMM 01 M NOM.. ououslt 4)3104140 AMMO! DARER v 000.x01 al 011.06 OEM nM4'EYT Alan se .1111 LN ro M SOMAN ammo. TM Iq CYT@01@11110. 101.010°AMA40 LDR1.1N DORMS v ARG 6101 IS 010 EPOS 011.0.04. 1(0 44)141 \ry414141 ALF. 31?a080I�ELR�I sup 10004 O Y1M1N{EW1411411711#: 1 of Nt WT fp0ANb 1Nly�WNOA=11.6Q r/0 HI 11@1016IIAn10 OP 5100 YO47071.0011110 N1 Wl. 141001 RALE Q 0430}0 180114 IEC H, 000 OP"a1e Wb i• R10"lwlean" w•lIt• 00004)3 10111110.1n1MNYrL11600.4 WOO •530M0LO oRRI 210011,004.1E101.40 W 0014 m.. A CENTRAL Rnlb v 04110.AR APC 1001.10 RU f NtRrs 01•014w.E T to M WN100M1c1@ 0@010@ a A COM TOM LEO ...IA Rona 0 A 000.0M • LTCom�LtL�Mu no] wIP' Limn] R0O1WA 0 1000 T ri006 00LLa . ON, Col OM Cr IL6 EMIT ACRT101. WE MOM i pew Dew TO AN IIMINO CITY OP TAO. Slam 00.0. THE MIL TH0 00.0101•51 ALmOLTMMOTME a3R Rea Tnt.EPn MOLEST IgME .0001 LA 0 2011ALLLEE0 ATTD1110 0T no ALL 001. 6R icl.. a MA NAL 11®1.!0 PRITO r0 Deo.000 TR 0.51.01.0 Ccencs TM. OM R.0.00 MO LOCAR9 Suer 0.014 0400 GOLLECTICS 3•n01O POR 401 60. NEWaODE SODlI4TC- =sect TO pL 0111 6 Sti0DA O C SCREE. PINCE. SEE MD DELLO MOTHS 10 STORT DR0 04051200 AFN 2i641>1 DOOM 10 HELAC OTLIIT MEMO 0/1 111400 CO MCN TAM AREA KR COMIa 146 K OOS 10.102 11 • -10 VI.. E 006 04@14101 1.101. snals 0.000 TARO RECEIVED MAY 1 4 2009 CITY OF YAKIMA PLANNING DIV. ADJACENT R3 01E000 2010466. • sRAP 60E 0t3OAR0 C M EN MICE, 6• SW SLATTED 01.4.0 CNAN.LMC FRCS . 6.01.10- Trpso. PM AAA 150.50 SECOOARl AccAsatoris mn• ENVIZAGE,DEVELOPMENT GROUP 200 GALLOW47 DRIVE YAKIMA, ILIA 98908 (50.77 %6-8415 CMI. / SURVEYOR: (RICK NENRI PLEA ENGINEERRK-SURVE i� ,_A%!:!4 1120 II0ST LINCOL .AVE..:''. 7AKRTA,9890' (509) 515.5.. 6990 -` d:RGNITEGTr(PAUL CASEY,' .• .CAc. E. VAROU 12,?A,L,NI1ECtg ` 557I.J00TN•5T. SLI.^., 5111.1E y�t : . *1104405 10041.00 PIM 10,16 0141.4.1030 At END 6 MALED ROADS 01000 SUN Ea DEAD. ENO ADJACENT RI "--,- Proposed Phasing Plan SCALE r • 200' u 0 190 200' 400' Preliminary Plat / Development Site Plan - Phases -1 - 4' SCALE 1. 0 40' 00' 160' Casey Group Architects Architecture And Planning • • 60 O Toscanna Dev UJ CI Z estR>aL'A 5521 loom Street SW. Suite A Lakewood WasL4n<ton P1 , --1-9,, .401 ,. 4•S•p•9 I 6., h., ; I 1 o 1 '". \ .12 1 8 - s..225 -1 5:1-75:""'"'":"-r1":,:,,,,51'_EFtsEE":„:c7:710,4EDP:„.4',,,,A`t,„', POLO cRiaNc,LE WORrit•ATICN 4�M.i.••.:,:\ 7.1.7....:::1 c.43,...,, .1 IYI•1=1, NE ,,g5rIta F.A h h I ••••••• Nf'''...,.• .• NSS,•••‘. 0. • c4fortArtalTE,„4....triTORti. ., ••, -,- —I V-- -•-., , r -- --7`-,j L__4:5_3_1zi:70'' : .: ' 1 : ,:ii ...; .../ ,, 'II . ' ' •' ''' '.. ‘'‘I .1. A. • ----, ..t •'W,...,, ••••N,,,,,,,.... t 1, ,perl•••,, 4.0. 1 It -42'3? 1 7:: . 1.. L 13 • 57,, „.", Ma'403'.! 4,32 ‘1•°-- • ll ..; ...' /' 25••., , • • • .:1,0II •,; \. ....' 4 ).26.." .' N'S ss, ...... -••••••• kr. . RECEIVED MAY 1 4 2009 CITY OF YAKIMA PLANNING DIV. ,4g,TE ExISITIG STORM 0:..71t, • • ',co'," entX 310.11 L43.1041 •;,„_.:L7__„_-,,-7.*:"==,', , . 41 ------Cc*-- -• '-'7-- --. \ 2: 1 •-,.....r:.......-.1.11.!,1IH,LI—„Q„-....,,-.s4„ 5 -2 r -.4 i524,2511- '6 , ,i, IrSI,'1 l l4• 1 :1I 43 „ i 1 1 , , 1 .. \ . ,, 62-„.. ,,,,t•-•-• --;(4,' .t/ ..55 n.:: ,c • .'s ' 0,-,s4 2.'35 '''''':::-7.1:::'..1.' ::::, ',IA/ 1.•••'.7.1. 1:( ''''''' v •, .(:,:,\ ,.. ,,..0 ‘.,,,,th It 1, 4.14 4: "...if , .3,\Z's' '.:.„....•:.42'i4 ' , • ,.. • 6 39 \ ,... .`c- -• .. ' , \ " i..,• 4,r 4 4.0h,, , ,. s•2.•;;;;••,,)'• / \ 4'74%. i' i T 452, , ,d A .. \ 52%2 4:9/ \ • -- . ,‘'`i ' ...):6-' 4'''''''Ii: ‘.1).7. .......... -- ,.•..,.. . 1:_-,_-‘ ".",___."5. -, — re _ 5.• -... . --- -4 ' -,-,..- • -,r- -=-. • .......-7„7:-....-- i ,..,,T r"--... Casey Group -------__-,„---.-. • . •1 \c.c.:7, , Architect s Architecture And Planning 0 Z gzo z 1 A 5 : . • i ' SEE;PARTIAL SVE ABOvE • CCNAECTION TO : , : EXISINC, ST0115'11." ' • ' . • i , / . • P2 ragc1 01 1 lbarra, Rosalinda From: Ibarra, Rosalinda Sent: Monday, August 03, 2009 10:24 AM To: Moore, Debbie Subject: Legal Notice Example Toscanna LLC - PD001-09 PLP001-09 SEPA020-09 Attachments: Notice of Application and SEPA - Toscanna - PD PLP SEPA_ Legal Notice.doc Debbie, Attached is the legal notice which was published for the Hearing Examiner Public Hearing on TOSCANNA LLC (PD#001-09, PLP#001-09, SEPA#020-09). This is an example for you to use for publishing the City Council hearing which will be set on August 4, 2009 for a public hearing on August 18, 2009. The mailing labels will be delivered to you shortly. Thanks! psaaruffi I6arra Planning Technician ribarra@ci.yakima wa us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 • • 8/3/2009 DOC. INDEX 0 6[4 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-09, PLP#001-09, SEPA#020-09 Toscanna LLC / Envizage Development Group Vicinity of Fechter Road and North 40th Avenue I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant by certified mail, and parties of record, 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 27th day of July, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Technician DOC. INDEX 6 -cid O O Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S •COMMENJAT]ION dated July 27, 2009. Applicant: Toscanna LLC File: PD#001-09, PLP#001-09, SEPA#020-09 CERTIFIED MAIL 7005 2570 0000 13 72 1055 Envizage Development Group c/o David Sjule 200 Galloway Drive Yakima, WA 98908 CERTIFIED MAIL 7005 2570 0000 1372 1048 Toscanna LLC c/o Keith Basham 12419 172nd Street E, Ste#NN103 Puyallup, WA 98374 ***SEE ATTACHED LIST FOR ADDITIONAL PARTIES OF RECORD*** In -House Distribution List Royale Schneider de Administration Ron Melcher Fire Dept. Mike Antijunti Engineering Division Mike Shane Waterflrrigation Div. arolyn elles Code Administration City Legal Dept. Office of Neighborhood & Development Services Jerry RobertsonNathan Code Administration For the Record/File Thompson, Codes ;�-ECISIONS ONLY Sandy Cox, Codes DECISIONS ONLY City Clerk 1 ECISIONS ONLY Bill Cook, CED Dir. DECISIONS ONLY Binder Copy DECISIONS ONLY DOC. INDEX Parties of Record -1 oscanna LLC - PD#OU1-09. PLP#001-09 SEPA#020-09 7 " 1 �' °, ' �t` x», { r .�.�,._ 81• ... +, j5 ) �. !� ' ,: _ � .�... .. i ! a S. k I �..,. ;" .k ..F _ ,. a � , , . i �., ., -.: . ' r �,•a "�{ >� F? kr. � t' 'i:- .a .... i. :. ��� �.,f 1 .?^ 1`" ,�.. y • r'." '�, ' f tii� .t ���,'� }�` r �# p,.�. �'4 .a:i � .��'E" ,.rt... . s .µ a,r» r }. 7��'yy]p3 �° `~ 4��. '�A ,"�.3` 4 [ x.r "{Ir L r L7 a ;� fl5.° t wi ri{ ' !. � .t:. ,.y ` ,�. r p 7; ' �IY F�... �)"' W ��y ,, ,?'3- �F ",r.. �'�� ^�% ...Nir YA Q{ . fi„ 4,�. �� qty � � .M µ*� �_., _.. @g, f�5. .,� + ?,,1. �iB� I��e1( y.i YAr�F Envizage Development Group Sjule David 200 Galloway Drive Yakima WA 98908 Yes Toscanna LLC Basham Keith 12419 172nd Street E, #NN103 Puyallup WA 98374 No The Casey Group Casey Paul 5521 100th Street, SW , #A Lakewood WA 98499 No PLSA Wehr Rick 1120 West Lincoln Avenue Yakima WA 98902 No Hatfield Chad 414 North 2nd Street Yakima WA 98901 No Johnston Dan 1102 Fellows Drive Yakima WA 98908 No Yakima Valley Canal Co. Smoot Robert 1640 Garretson Lane Yakima WA 98908 No Yakima Regional Clean Air Tahat Hasan 329 North 1St Street Yakima WA 98901 No Dept. of Ecology Clear Gwen 15 West Yakima Avenue #200 Yakima WA 98902 No Hatfield Ron 829 Conestoga Blvd Yakima WA 98908 Martin Bob and Jan 4602 Phaeton Place Yakima WA 98908 Cooper Sonny 905 Conestoga Blvd Yakima WA 98908 • PP of 1 i oscamna.--p9 2ecomrntorJdezhe77 1/7/u9 • Updated on July 27, 2009 • • • • c0 D ru m rR r- ru D P- VE61:1011-a,MilmffirlawrelfiA-Aelrotetog$WATNiigitoai Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pnclonc. R. Sent Keith Basham stre6 Toscanna LLC "P` 12419 172nd Street E, #NN103 Puyallup, WA 98374 Postmark 1/0 tra-Anl Mei Ult , 4SE N D PLEiTE$THIStSECTiON- g-J 'fttV;14. _ l0 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. E3 Print your name aft address on the reverse I so that we Can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Keith Basham Toscanna LLC 12419 172nd Strect'E, #NN103 Puyallup, WA 98374 p1-4 'PeM011.ElEEZITHISSECTIOlyrOlVDELIVERYA74-t.t. C. Date of Delivery D. Is delivery II.' 1? 0 Yes If YES, enter deriver), address below: 0 No JUL 3 1 2009 CITY OF YAKIMA IV. 3. Service Type Xi -Certified Mail 0 Express Mail 0 Registered 0 Retum Receipt for Merchandise 1:1 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer frbrn service label) PS Form 3,411, February 2004 Domestic Retum Receipt 102595-02-M-1540 7005 2570 0000 1372 1048 DOC. INDEX # 6-qb omestic„il40nly, o1 urance Coverages rinformatio tou wet to tswAy- sps c'o 4 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postaoe & Fees It seri David Sjule nec Envizage Development Group cfy. 200 Galloway Drive Yakima, WA 98908 ' -and 3. Also complete item 4 if Restri ®Complete items 2,elivery is desired. In Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: David Sjule ment Group Envizage Develop 200 Galloway Drive Yakima, WA 98908 2. Article Number (Transfer. $Orn service Iabp. PS Form 3811, February 2004 Rem 1? ❑ Yes ow: 0 No D. Is del If YES, JUL 2 9 2009 3. ServiceANN1il fg„ Certified Mail Li i 0 Registered 0 ❑ Insured Mail ExpIreso Mail Return Receipt for Merchandise C.O.D. 7005 2570 0000 1372 1055 Domestic Return Receipt _ .. 102595-02-M-1540 DOC. INDEX # G - alb • 0 0 1 45\+ 1 V1 1 Ibarra, Rosalinda •rorn: Ibarra, Rosalinda Sent: Monday, July 27, 2009 12:09 PM To: Brackney, Rosanne Subject: 07-27-09 Website Posting: Hearing Examiner's Recommendation - Toscanna Attachments: final Toscanna I recommendation.pdf Rosanne, please post to: http://wwwyakima.wa.us/services/plannin under RECOMMENDATIONS. Thanks! Rpsalinda I6arra Planning Technician ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 • 7/27/2009 DOC. INDEX #��°ra NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION July 27, 2009 On July 9, 2009 the City of Yakima Hearing Examiner held an open record public hearing for the preliminary plat and planned development of Toscanna, Phase 1 (PD#001-09, PLP#001-09). The application was submitted by Envizage Development Group, to construct a residential development which consists of 66 common -wall lots and gated, private streets. The Hearing Examiner rendered his recommendation for approval, subject to conditions, on July 22, 2009. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The project is subject to hearing before City Council, which is tentatively scheduled for August 18, 2009. The City Clerks office will send official notices of the date of the hearing once it is set by City Council. For further information or assistance you may contact Joseph Calhoun, Assistant Planner at (509) 575-6162. Joseph Calhoun Assistant Planner Date of Mailing: July 27, 2009 Enclosure: Hearing Examiner's Recommendation DOC. INDEX • LANA, 01+11'110E OF PATRICK If, SP1VttiGl N 411 NORTH 2ND STREET YAKIMA, WASHINGTON 98901 TELEPHONE: 509.248.4282 CITY OF YAKIMA FAX: 509.575.5661 CODE ADMIN. DVIISION JUL 2 4 2009 0 REC'VD FAXED 0 ® PAID FYI 0 July 22, 2009 Planning and Code Administration Division City of Yakima 129 North 2m1 Street Yakima, WA Re: Envizage Development Group, PD 001-09;PLP 001-09 (Toscanna 1) To whom it may concern: Enclosed is the Hearing Examiner Recommendation for the referenced Master Planned Development Overlay and Preliminary Plat review application. Do not hesitate to call me at 248-4282 with any questions regarding these documents. Patrick D. Spurgin cc. Gary Cuillier Yakima County Development Services • DOC. INDEX #G_ HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: Thursday July 9, 2009 } SP..+�' � 6-''- .. 3-i.+:.° , a �... -. H..,. A. PD#001-09 PLP#001-09 SEPA#020-09 TOSCANNA LLC / ENVIZAGE DEVELOPMENT Vicinity of Fechter Road & North 40th Avenue B. CPA# 1-09 02-09 SEPA#010-09 � WOS LLC h 56th Avenue C- L ��—�–�5 l(, C. CPA#002-09 RZ#003-09 SEPA#012-09 NOEL PROPERTIES LLC 1012 South Naches Avenue PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A, B, or C. • 4 A iL b E164 416 SA -4 1' 5t4 G pies. . 1- l.R(Goc-t-/ a2 -q e(4_,\4‘, u `az Ip4*t a -i (R.34 -c4 Y i$civ q05 car/0.511p e/v & Page 1 DOC. INDEX • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 o Fax (509) 575-6105 m www.ci.yakima.wa.us CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday July 9, 2009 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. TOSCANNA LLC/ (05/11/2009) PD#001-09 ENVIZAGE DEVELOPMENT GROUP PLP#001-09 Planner: Joseph Calhoun SEPA#020-09 Address: Vicinity of Fechter Road & North 40th Avenue Request: Planned development for Toscanna LLC consisting of the construction of 66 common -wall dwelling units. B. TWO BLUFFS LLC (03/03/2009) CPA#001-09 Planner: Vaughn McBride RZ#002-09 Address: 115 North 56th Avenue SEPA#010-09 Request: Comp Plan Amendment to change the Future Land Use Map designation from Low Density Residential to Professional Office and rezone parcel from R-1 to B-2. C. NOEL PROPERTIES LLC (03/05/2009) CPA#002-09 Planner: Vaughn McBride RZ#003-09 Address: 1008, 1010, 1012 South Naches Avenue SEPA#012-09 Request: Comp Plan Amendment to change the Future Land Use Map designation from High Density Residential to Industrial and rezone parcel from R-2 to M-1. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. 1 DOC. INDEX Yakima Hearing Examiner Packet Distribution List AGENDA ONLY Ken Crockett Mike Brown Comm. Relations Sam Granato Police Chief Charlie Hines Fire Chief Debbie Moore City Clerk Carolyn Belles Codes Dave Zabell Assistant City Manager Dick Zais City Manager Codes Bulletin Board Phil Lamb 311 North 3rd Street Yakima, WA 98901 Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Ben Soria Yakima School Dist. #7 104 North 4th Street Yakima, WA 98902 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 KAPP TV Brian Paul P.O. Box 10208 Yakima, WA 98909-1208 Radio KDNA P.O. Box 800 Granger, WA 98932 DOC. INDEX KIT-KATS Radio 4010 Summitview, Suite 200 Yakima, WA 98908 KARY Radio 1200 Chesterly Dr. #160 Yakima, WA 98902 KIMA TV P.O. Box 702 Yakima, WA 98907 KNDO TV 1608 S. 24th Ave Yakima, WA 98902 _i Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 VIVA P.O. Box 511 Toppenish, WA 98948 KBBO-KRSE Radio 1200 Chesterlye Dr. St. 160 Yakima, WA 98902 Patrick D. Spurgin 411 N. 2nd St. Yakima, WA 98901 Gary Cuillier 314 N. 2nd Street Yakima, WA 98901 Maud Scott 307 Union Street Yakima, WA 98901 Hearing Examiner Packet GENDA, STAFF REPORT, PLAN AND MAPS......... Yakima County Planning County Courthouse Binder Copy City Legal Department Office of Neighborhood and Development Services For the Record/File Engineering Mike Antijunti Bill Cook CED Director DON'T FORGET TO SEND ONE TO THE APPLICANT David Sjule Envizage Development Group 200 Galloway Drive Yakima, WA 98908 Keith Basham Toscanna LLC 12419 172nd Street E, #NN103 Puyallup, WA 98374 Paul Casey The Casey Group 5521 100th Street, SW , #A Lakewood, WA 98499 Rick Wehr PLSA 1120 West Lincoln Avenue Yakima, WA 98902 DOC. INDEX Parties of Record - Toscanna LLC PD#001-09 PLP#001-09 SEPA#020-09 • • G , „,..- ' r,o, 4 ' stv 4.,t, 'ft 1. .,, 7. TV- 7, .4. ' '', ' '74' tii.:7,5', ,. , , r /S.V.2t,'elii.- t•I 74; — , I , Y:. •/ 7 0 E, ,4,t €,,-, 4 L ., . tkq 1 Vit 01440 Envizage Development Group Sjule David 200 Galloway Drive Yakima WA 98908 Yes Toscanna LLC Basham Keith 12419 172nd Street E, #NN103 Puyallup WA 98374 No The Casey Group Casey Paul 5521 100th Street, SW , #A Lakewood WA 98499 No PLSA Wehr Rick 1120 West Lincoln Avenue Yakima WA 98902 No Hatfield Chad 414 North 2nd Street Yakima WA 98901 No Johnston Dan 1102 Fellows Drive Yakima WA 98908 No Yakima Valley Canal Co. Smoot Robert 1640 Garretson Lane Yakima WA 98908 No Yakima Regional Clean Air Tahat Hasan 329 North 1St Street Yakima WA 98901 No Dept. of Ecology Clear • Gwen 15 West Yakima Avenue #200 Yakima WA 98902 No ilietiv7/(9 in -Lej,-, C64L, P�of 1 Updated on July 1, 2009 JUN/1biIUUVTUE U5:U YM Envi"ge Development FAX No.253 8364 P. 002 JUN 1 6 2009 CITY OF YAKIMA PygK��� LANDUSE ACTION INSTALLATION G aiv CERTIFICATE Pro ect Nurnber: Date of Installation: Location of Installation (Check One) Land Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an ,alternate location on the site. Note: this alternate location (if not pre=approved by the Code Administration .and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: T hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) _AI6,k4 Date 5/I7 /c App ' is ignatu - • Telephone Number of Applicant 2-53- Yo. - 6 yGfr The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Crtification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509.575-61U5; or mail to: City` of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX' Ib/lu/tnea 3 44 6364 JUN/16/2009/TUE 05:03 PM Envi le Development G Ni11ZAGE FAX No. 253 4 8364 P. 001 DEVELOPMENT GROUP ReCENED ��N Y 6 2009 �'�1: �lTy°F4 � � � � June 16, 2009 City of Yakima Code Administration and Planning Di'v'ision 129 North Second Street Yakima, WA 98901 To Whom It May Concern: RE: Toscanna/Castlevale Road and Seattle Slew Run On June 13, 2009 we noticed the sign was missing, so we ordered another one and reposted it on June 16th. The sign was probably removed by vandals on or about June 11, 2009. If you have any questions, please do not hesitate to give me a call. Sincerely, Kei + Basham. Project Manager DOC. 411 INDEX # 6,5 200 Gal IbWa imawA 98908 9 966x3563„ fa" • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#020-09 Toscanna LLC Vicinity of Fechter Road & North 40th Avenue I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision of MDNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all property owners and parties 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 12th day of June, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda.Ibarra Planning Technician • DOC. INDEX 181315-31403 917 TRIPLE CROWN LLC 917 TRIPLE CROWN WAY # 20 YAKIMA, WA 98908 181315-32442 ANATOLE & ELIZABETH KIM 911 COACH CT YAKIMA, WA 98908 181315-24442 ARNO L & JOYCE L PELL JOHNSON 4306 FELLOWS DR YAKIMA, WA 98908 181315-32499 AIDA 0 GARCIA 821 CONESTOGA BLVD YAKIMA, WA 98908 181315-24473 ANDREW M & WILMA JEAN MERVOS 4108 DONALD DR YAKIMA, WA 98908 181315-31402 BAKER BOYER BANK PO BOX 1263 YAKIMA, WA 98907 181315-32456 AMAL Y SEIF 828 N CONESTOGA BLVD YAKIMA, WA 98908 181315-32501 ANTHONY R & LORI T THOMAS 5808 SUMMITVIEW AVE STE A YAKIMA, WA 98908 • 181315-33466 BETTY ANN VAN RYDER 807 N 46TH AVE YAKIMA, WA 98908-2467 181315-34477 181315-32400 181315-33478 BLANCHE L FORTIER BRUCE A LAWRENCE BRUCE S & DIANE N CROCKETT 4201 GARDEN PK WY B 918 CONESTOGA BLVD 713 N 46TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 181315-34462 BURTON & LAURA LEIGH POWERS 4107 GARDEN PARK WAY YAKIMA, WA 989082629 181315-24414 CHARLES G SCOTT 4107 DONALD DR YAKIMA, WA 98908 181315-32502 CLIFFORD P & MARGARET KNOBEL 801 TENNANT LN YAKIMA, WA 98901-3727 181315-24443 C. DEAN & GERALDINE AMENDE 4304 FELLOWS DR YAKIMA, WA 98908-2207 181315-34479 CAROLINE PURDON 4301B GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-34034 181315-32493 CHRISTIAN LIFE CENTER CHURCH OF CLAUDE M & PAULA SLAYE 716 N 40TH AVE 4506 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32492 CONNIE J WHITE 4001 SUMMITVIEW AVE # 5 YAKIMA, WA 98908 1 1315-31406 181315-31407 D E P PROP ES INC D P PROPE' ES I 21 1 SA HEL 21", SAIN-'ELENS S YA , WA 98902-4162 YAK A 98902-4162 181315-31408 181315-24424 DAMEN GARCIA 2 T .H '- -- S ' 143 ROBERTS RD YA �' WA 98902-4162 YAKIMA, WA 98908 181315-32446 181315-32452 DANIEL A & BROOKE L ALLEN DAVIS DAVE & BECKY FRANKLIN 908 COACH CT 4604 SURREY LN YAKIMA, WA 98908 YAKIMA, WA 98908 DOC. INDEX 181315-33467 - 181315-32469 # G DAVID L & JUANITA WILBURN DAVID T. JOYNT 711 N 46TH AVE 821 CARRIAGE HILL DR YAKIMA, WA 98908 YAKIMA, WA 98908 181315-31405 D E P PROPERTIES INC 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 181315-31408 D P PROPERTI 210 ' SAINT NS ST YAKIM, 98902-4162 181315-24468 DAN K & ELIZABETH E PENHALLEG 4105 FECHTER RD YAKIMA, WA 98908-2431 181315-32432 DAVID C IRWIN 1110 4406 CARWIAGE HILL DR YAKIMA, WA 98908-2415 181315-32459 DILEEP & AMY DHRUVA 4603 PHAETON PL YAKIMA, WA 98908 181315-32491 181315-32510 DONALD & REMONA TRUHLICKA TRuS., DONOVAN M & DIANE M YOUNG 4604 SONNESTOGA BLVD 913 CONESTOGA BLVD YA , WA 98908 YAKIMA, WA 989082423 iiii 181315-32508 181315-34458 DUANE R & DOROTHY L BRODRICK KNI EDITH MC ARTHUR 909 CONESTOGA BLVD 4203A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2673 181315-24422 ERIC & BARBARA J CURETON 4203 FECHTER RD YAKIMA, WA 98908 181315-3246'8 GEORGE J & SUSAN G VLAHAKIS JR 819 CARRIAGE HILL DR YAKIMA, WA 98908 181315-33472 181315-32437 GERALD N & CYNTHIA PERKINS HINO GERALD N & DIANA L MELLEN 724 N 44TH AVE 904 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908-2422 181315-32513 GREGORY G CHIN FAMILY TRUST 919 CONESTOGA BLVD YAKIMA, WA 98908-2423 181115-33474 18.315-33475 181315-34035 HUGH MACGREGOR H K.H "'` EGO '¢ , INTERNATIONAL CHURCH FOURSQUA PO BOX 4585 PO<,?y! 45:` 1910 W SUNSET BLVD #200 EL DORADO HILLS, California 9576 EL DORADO HILLS, California 9576 LOS ANGELES, California 90026 181315-24447 HAN CHOL & HYONG 0 KIM 4305 FELLOWS DR YAKIMA, WA 98908 181315-32494 DOUGLAS B & THERESA ALLEN 4504 CONESTOGA BLVD YAKIMA, WA 98908-2425 181315-32401 ELSIE M KUSHNER 4403 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-23023 GERALD & DOLLY BUSEY 4307 FELLOWS DR YAKIMA, WA 98908 181315-23018 GERALD W & JUDY ADAMS 4501 FECHTER RD YAKIMA, WA 989082434 181315-32511 HECTOR R FELIX 915 CONESTOGA BLVD YAKIMA, WA 98908 181315-34459 181315-34480 181315-24445 JACK H & SHIRLEY L BARKER TRUSTE JACK HARWOOD JACK I & MARY H LOVELL 4203 B GARDEN PARK WAY 4109A GARDEN PARK WAY 4301 FELLOWS DR YAKIMA, WA 98908 YAKIMA, WA 98908-2629 YAKIMA, WA 98908-2208 181315-24464 JACK M & NATALIE G KING 4109 FECHTER RD YAKIMA, WA 98908-2431 181315-32498 JAMES R. LANE 819 CONESTOGA BLVD YAKIMA, WA 98908-2420 18 5-33436 J D A & SYLVIA JACOBY 4 ODESTO WAY YA , WA 98908 181315-32504 JOEL & JOAN WEYHE 901 CONESTOGA BLVD YAKIMA, WA 98908 181315-24412 ESQ ! BE f ,TT 98908-2619 181315-34481 JEFFREY & VIVIENNE GAMACHE 4109B GARDEN PARK WAY YAKIMA, WA 98908-2629 181315-32465 JAMES L & BONNIE P SCOGGINS 4603 CONESTOGA BLVD YAKIMA, WA 98908 181315-34463 ' JEFFREY T & TERESA L LOUMAN 4105 GARDEN PARK WAY YAKIMA, WA 98908 181315-31007 181315-31008 JERRY L & MARCIA L BLEVINS. J 'RY L - .uARCIA 802 N 40TH AVE DOC. 80`' N YAKIMA, WA 98908-2402 INDEX YA `w. WA 98908-2402 181315-32447 181315-32430 JOHN & DEBBI SPITLER REVOC LIVIN JOHN E & PEGGY A MAXWELL 906 COACH CT 4410 CARRIAGE HILL DR YAKIMA, WA 98908-2418 YAKIMA, WA 98908-2415 181315-32470 JOHN F & JERRIILYN MAKINS 323 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32402 JOSH & JAEL HUIZAR 1405 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32496 KENT A MC LACHLAN 315 CONESTOGA BLVD YAKIMA, WA 98908 181315-24420 ',ARRY R & BETTY DOUGLAS 1201 FLETCHER RD YAKIMA, WA 98908 181315-24413 LESLIE C RUCKER 1013 FELLOWS DR YAKIMA, WA 98902 181315-32405 JOHN G & ROBIN WATKINS 4411 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32435 KATHRYN I BLANKENSHIP 908 CONESTOGA BLVD YAKIMA, WA 98908-2422 181315-24423 KENT C SEELIG 4204 DONALD DR YAKIMA, WA 98908 181315-32497 LEE C & PATRICIA J CLARK 817 CONESTOGA BLVD YAKIMA, WA 98908 181315-32434 LEX C & ANITA L TOWNS 21767 RADICLE RIDGE WAY KIRKSVILLE, Montana 63501 181315-33435 181315-24426 LOUIS J & MARGARET E PETERSCHICK MANUEL L LOZANO 308 N 46TH AVE 4206 FELLOWS DR YAKIMA, WA 98908-2401 YAKIMA, WA 98908 181315-32460 KARTIN K & SANDRA M DEVER 1605 PHAETON PL YAKIMA, WA 98908 181315-33473 MICHAEL & SUE GUNDERSON 720 N 44TH AVE YAKIMA, WA 98908-2610 181315-32506 HILTON LEE & KARIE LYNN COOPER 905 CONESTOGA BLVD YAKIMA, WA 98908 181315-34456 JOHNETTE SULLIVAN 4303 GARDEN PARK WAY YAKIMA, WA 98908 181315-34476 KAY LUCAS REVOCABLE LIVING TRU 225 19TH ST NE # 15 EAST WENATCHEE, WA 98802-4272 181315-24444 LARRY & BARBARA KOREIS 4302 FELLOWS DR YAKIMA, WA 98908 181315-32433 LEO & KAREN LEE 4404 CARRIAGE HILL DR YAKIMA, WA 98908-2415 181315-32445 LISA J ZIGLER 910 COACH CT YAKIMA, WA 98908-2418 181315-33437 MARIO M & JANE VILLANUEVA 4603 MODESTO WAY YAKIMA, WA 98908-2578 181315-32431 181315-24450 MATTHEW D & HOLLY J CHRISTENSEN MELICIEN TETTAMBEL 4408 CARRIAGE HILL DR 4302 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32404 MICHAEL B GEFFRE 4409 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-34036 MT ADAMS CATTLE CO 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 181315-24434 81315-24435 VOMITA MEHTA OMIT ,..-; EHT 1018 FELLOWS DR 1'` 18 ?' E'.�, :$= DR YAKIMA, WA 98908 YA"" • , WA 98908 181315-32509 PATRICK A TRUE 911 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-24449 DOC. INDEX # (�- PAUL F. HAMMERSTAD 805 N FRONT ST YAKIMA, WA 98901-2219 181315-32441 MICHAEL L & CYNTHIA G MCFARLAN 909 COACH CT YAKIMA, WA 98908-2452 181315-31409 NICLOAS K REEP, DDS,PS 3804 KERN RD # A YAKIMA, WA 98902 181315-24446 PAJAH LLC 805 N FRONT ST YAKIMA, WA 98901-2219 4G • i81315-24417 PUCCINELLI REVOCABLE LIVING TF 4102 DONALD DR YAKIMA, WA 98908 181315-32512 RAYMOND & ANITA A NAVARRO 917 N CONESTOGA BLVD YAKIMA, WA 98908 41110 181315-32443 RICHARD J &.ELIZABETH IRONS 913 COACH CT YAKIMA, WA 98908 181315-24472 181315-32462 RICK OEHRING ROBERT C MARTIN 8632 REFUGE POINT CIRCLE PO BOX 2667 NORTH CHARLESTON, South Carolina YAKIMA, WA 98907 181315-32464 ROBERT M & JUNE W WILKES 4601 CONESTOGA BLVD YAKIMA, WA 98908-2428 181315-32503 RONALD V & LINDA J HATFIELD 829 CONESTOGA BLVD YAKIMA, WA 98908 181315-32436 SCOTT M LARSON 906 CONESTOGA BLVD YAKIMA, WA 98908 115-32505 THERESE C. HAMM 903 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-32467 THOMAS R. DDS ROSIER 817 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32463 ROBERT R & MARIE C NEWSTEAD 814 CONESTOGA BLVD. YAKIMA, WA 98908-2419 181315-32454 ROSEMARY FALON 4506 SURREY LN YAKIMA, WA 98908-2440 181315-32444 RICHARD L & LISA BALDOZ 912 COACH CT YAKIMA, WA 98908 181315-32439 ROBERT H & KIMBERLY A WILKINS 4503 SURREY LN YAKIMA, WA 98908 181315-33479 RON & TERESA JONES. 715 N 46TH AVE YAKIMA, WA 98908 181315=34478 RULON C BERGESON 4301A GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-32403 181315-24415 STAN K & JACQUELINE KORESKI BIRD STEPHEN P & KAREN L HARRISON 4407 CARRIAGE HILL DR 1019 FELLOWS DR YAKIMA, WA 98908-2416 YAKIMA, WA 98908 181315-33038 THOMAS & DOLORES M GASSELING 714 N 44TH AVE YAKIMA, WA 98908 181315-32438 THOMAS W & SHARON L RIDOUT PO BOX 10974 YAKIMA, WA 98909-1974 181315-32466 • THOMAS E & LOIS H NELSON 815 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32429 TIMOTHY G & LYNN M GELLERSON 4506 CARRIAGE HILL DR YAKIMA, -WA 98908-2417 E7 ivizage De e1Apluellt Group 181355• 3 SjUie 1-1315-34037 181315-34455 TOSCANNA LLC Tib. C LL ap^� sY TRAVIS L & SANDRA D RUNDELL F 200 GALLOWAY DR 20 ALL DR �; 4305 GARDEN PARK WAY YAKIMA, WA 98908-9023 YAKIMA, WA 98908-90 YAKIMA, WA 98908 181315-32457 TREVOR L T & MELANIE M GREENE 826 CONESTOGA BLVD YAKIMA, WA 98908-2421 181315-24432 TYRONE F RODRIGUEZ 4203 FELLOWS DR YAKIMA, WA 98908 181315-32453 VIVIAN & SHAWN C LOUDON 4602 SURREY LN YAKIMA, WA 98908-2442 1 15-32458 181315-32500 181315-32514 R & BARBARA SLATER WAYNE E & COLLETTE M HEFFNER JR WILLIAM & MACILE-TR COWMAN ONESTOGA 823 CONESTOGA 921 CONESTOGA BLVD Y , WA 98908 YAKIMA, WA 98908 DOC, YAKIMA, WA 98908 INDEX # c 181315-32440 WILLIAM D & ANNA M MAHONEY 905 COACH COURT YAKIMA, WA 98908 181315-32455 WILLIAM M III ELLIS PO BOX 62 LILLIWAUP, WA 98555-0062 1315-24425 WILLIAM P & TERI L FOSTER 4207 FECHTER RD YAKIMA, WA 98908 181315-32461 } 1 181 5-395 WILLIAM W & KIMBERLY K FETZLx. YAK 4604 PHAETON PLACE 129 N 2ND ST YAKIMA, WA 98908 YAKIMA, WA 98901-2613 181315-42406 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 181315-32507 YUN G & AE S CHOI 907 CONESTOGA BLVD 'YAKIMA, WA 98908-2423 137 labels printed for map sheet toscanna 1 15 Ic P 4- o4S (two 181315-31401 YAKIMA COMMUNITY FEDERAL GRED: PO BOX 2707 YAKIMA, WA 98907-2707 TOscanna LLC c/o Keith Basham 12419 172nd Street E, #NN103 Puyallup, WA 98374 • The Casey Group c%o Paul Casey 5521 100th Street, SW, Ste#A Lakewood, WA 98499 PLEA c/o Rick Wehr 1120 West Lincoln Avenue Yakima, WA 98902 Maud Scott 307 Union Street Yakima, WA 98901 Chad Hatfield 414 North 2nd. Street Yakima, WA 98901 Dan Johnston 1102 Fellows Drive Yakima, WA 98908 Yakima Valley Canal Co c/o Robert Smoot 1640 Garretson Lane Yakima, WA 98908 ooc. INDEX # c -'k OD -RG, SEPA Reviewer Army Corps O Box c-3755 attle, WA 98124 Cascade Natural Gas 701 S. 1 ' Ave Yakima, WA 98902 Chamber of Commerce 10N9'11St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 611i Ave. MS 623 Seattle, WA 98101 FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation 1 1 1 S. 18'x' St. Yakima, WA 98901 Yakima School District Superintendent 104 N. 4°i Ave Yakima, WA 98902 ' Yakima Airport Manager 2400 W. Washington Ave Yakima, WA 98903 • L1J 1 Vt J1rYH KC, V 1I W LEVU AITt Ni • p,s 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. 4°i Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2"d Ave. Room 304 Yakima, WA 98902 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div. Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr PO Box 151 Toppenish, WA 98948 Mr. Greg Griffith Div. of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste 102 Yakima, WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W. Pruitt Clean Air Authority 329 North 15' Street 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 Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 DOC. INDEX # 6-`1"G Page 1 of 2 Ahtanum h-rigation District P.O. Box 563 Yakima, WA 98907 Wastewater Division Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redifer . Yakima County Public Services Mr. Steven Erickson Yakima County Planning Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 LISI UPSEPA REVIEWING AGJ ('"ES YVCOG Transportation Planner 311 N. 4th Street STE 202 Yakima, WA 98901 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicolai Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist . Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 motis1_09 up9-)01 Yakama Indian Nation - Environmental Protection Prog. Moses Segouches PO Box 151 Toppenish, WA 98948 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 • Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24`h Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 DOC. INDEX /I • O Page 2 of 2 0 Royale Schneider Code Administration Carolyn Belles Code Administration IN-HOUSE DIS] itIBUTIUN ' —T Ron Melcher Fire Dept. City Legal Dept. Sandy Cox, Codes City Clerk DECISIONS DECISIONS ONLY ONLY For the Record/File Binder Copy DECISIONS ONLY Mike Antijunti Mike Shane Engineering Division Water/Irrigation Div. Jerry Robertson Code Administration Bill Cook, CED Dir. DECISIONS ONLY 5oOint4Vpg-0 - 1 Dd1 Office of Neighborhood & Development Services Nathan Thompson DECISIONS ONLY DOC. INDEX AC: VV -1G -V7 L,Cga11VUL1l:C: 1V11/1V3 - Jrrt1VLV-V7 - ioscanna. i1CCL 11VVL Ibarra, Rosalinda From: Legals [legals@yakimaherald.com] Sent: Tuesday, June 09, 2009 4:39 PM To: Ibarra, Rosalinda Subject: Re: 06-12-09 Legal Notice: MDNS - SEPA020-09 - Toscanna. Acct11002 rage 1 01 1 I've scheduled the attached legal notice for 6/12, for a cost of $154.33. On 6/9/09 3:43 PM, "Ibarra, Rosalinda" <ribarra@ci.yakima.wa.us> wrote: Please publish only once on Friday June 12, 2009 Send affidavit of publication and i ,voice to: Account 11002 City of Yakima, Planning Division 129 North 2nd Street, Yakima, WA 98901 Rosalinda Ibarra Planning Technician ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 PV N N rV NN /V N J'I TJ /V fV N IV Simon Sizer Legal/Obituary Clerk Yakima Herald- epublic Phone: 509-577-7740 Fax: 509-577-7766 legals@yakimaherald.com 6/11/2009 LegaMotices 4 Legal;Noilces' DOC. INDEX #_Lib PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON June 12, 2009 PROJECT DESCRIPTION: The City of Yakima Department of Community and Economic Development received an environmental review application for the Preliminary Long Plat. of Toscanna. The proposal is for 66 common -wall lots in the R-2 zoning district. The subdivision is proposed to be a Planned Development and contain private streets. PROPONENT/OWNER: Toscanna LLC LOCATION: Vicinity of Castlevale Road and Seattle Slew Run PARCEL NUMBER: 181315-31011 LEAD AGENCY: City of Yakima, Washington FILE NUMBER: SEPA #020-09 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. The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. 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 YMC § 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations which provide substantive authority to require mitigation under the State Environmental Policy Act. FINDINGS: A. Earth and Lind Alteration: The SEPA Checklist indicates that approximately 35,000 cubic yards of earth may be moved for filling and grading. According to YMC § 15.12.020(A), no use or development, as those terms are defined by this title, may be established, placed, performed, construction, made or implemented, in whole or in part, without the issuance of a development permit by the building official. No development permit may be issued without the prior issuance of a Certificate of Zoning Review by the planning department for the proposed development, indicating that the proposal has been through the review procedures of this ordinance and conforms to its requirements (YMC § 15.12.020(B)). B. Air Quality/Dust Control: Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. C. Water Quality: The water purveyor 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 RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. DOC. INDEX Toscanna LLC SEPA #020-09 1 PRESS RELEASE Water Resources: An NPDES Construction Stormwater General Permit from the Washington State Depaitaient of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. E. Storm Water Management: The applicant states that stormwater will be routed to water quality detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run-off, or excessive waste water." Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm (the 6 month, 24 hour storm), and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed professional engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. F. Transportation: This application has been reviewed and approved (May 20, 2009) for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 34 PM Peak Hour Trips. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review (Safety issues are discussed below). The review does not address intersection level of service. A Traffic Impact Analysis was completed in May 2009. The analysis concluded that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. G. Public Services: Water and Sewer: There are existing 12 -inch and 8 -inch waterlines in Castlevale Road, and an existing 12 -inch waterline in Kern Way. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. Placement of hydrants shall be addressed during the plan review phase. The applicant's plans provide for sewer extension to properties adjacent to this planned development. Sewer line sizes to be determined during formal plan review. The 12 -inch stub to the existing lift station near the canal to be extended when development occurs on the remaining property. All public utility lines on private property shall be located in a minimum 16 -foot easement. H. Public Services: Fire and Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access DOC. Toscanna LLC 2 INDEX SEPA #020-09 • PRESS RELEASE roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required by Section D103.6.1 of D103.6.2. The City Engineer and staff require Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20' of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. I. Noise: During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays (YMC § 6.04.180). An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." J. Frontage Improvements / Development Standards: Five-foot sidewalks shall be required along all the Castlevale Frontage. The interior streets are planned to be private streets with sidewalks on one side of the street. If this development, in the future, intends these streets to become public City streets, the developer will be required to reconstruct the streets to meet standards in place at the time. K. Light a i d Glare: "Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent properties." (YMC § 15.06.100) The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto adjacent residential properties. Exterior lighting shall be minimized where possible, and shielded from adjacent properties and the public right-of-way. L. Aesthetics: The purpose of YMC Chapter 15.05, Site Design and Improvement Standards is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote public health, safety and welfare. The proposed project shall conform to all applicable standards including, but not limited to: building setbacks, lot coverage, fence height, access, and building height. DOC. Toscanna LLC 3 INDEX SEPA #020-09 # (7-4a, PRESS RELEASE YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan 2025 designates the future land use for this area as medium -density residential. The medium -density residential future land use designation is characterized by a mixture of single family detached residences and duplexes, with a variety of other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed development is compatible with the following goals and policies of the Comprehensive Plan. Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. MITIGATION REQUIREMENTS 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 6. The applicant will be required to retain the water quality storm on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. Toscanna LLC SEPA #020-09 DOC. 4 INDEX # 6_�� PRESS RELEASE 10. Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. CONTACT PERSON: Contact Joseph Calhoun, Assistant Planner (509) 575-6162 for more information. E There is no comment period for this DNS This MDNS is issued after using the optional DNS process in WAC § 197-11-355. There is no fiirther comment period on the MDNS. • This DNS is issued under WAC § 197-11-340(2); the lead agency will not act on this proposal for 20 days from the date below. Responsible Official: Position/Title: Phone: Address: Date June 12, 2009 William R. Cook CED Director/SEPA Responsible Official (509) 575-6113 129 N 2nd Street, Yakima, WA 98901 You may appeal this determination to: William R Cook, CRT) Director, at 129 N 2nd Street, ✓ Yakima, WA 98901. No later than: June 26, 2009; by completing an appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. ✓ There is no agency appeal. Toscana LLC SEPA #020-09 5 DOC. INDEX Ibarra, Rosalinda From: Ibarra, Ro Sent: Friday, Ju To: Adriana J Bruce Smi Troianello Finch - Bu Lance To Sanchez - Mayes; Ya Subject: 06-12-09 Attachments: MDNS - S Rosanne, please post t Thanks! Wgsatinda I6arra Planning Technician ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 6/12/2009 alinda e 12, 2009 8:04 AM novich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; h - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George iness Journal; lbarra, Rosalinda; KDNA; KIMA TV; KNDO News; KUNS-TV Univision; ey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Univision; Mike Balmelii - KAPP; Mike Bastinelli; NWCN; Randy Beehler-YPAC; Scott ima Business Journal; Yakima Herald Republic Newspaper ress Release: MDNS - SEPA020-09 - Toscanna PA020-09 - Toscanna_ Press Release.doc rage 1 1 : http //www.ci.yakima.wa.us/services/planning,/SEPADeterminations.asp DOC. INDEX NOTICE OF ) ECISION Compliance with. the Washington State Environmental Policy Act (SEPA) June 12, 2009 On May 18, 2009 the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an application submitted by Toscanna LLC. This application is for the environmental review of a 66 -lot Preliminary Long Plat in the R-2 zoning district. The proposal is a Planned Development consisting of common -wall dwelling units and gated, private streets. Parcel number: 181315-31011 • City File Number: SEPA #020-09 • Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision 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. A fee of $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Joseph Calhoun, Assistant Planner at (509)575-6162, or email jcalhoun ci.yakima.wa.us. Joan Davenport Planning Manager Notice of Decision Mailing Date: June 12, 2009 Enclosures: SEPA Mitigated Determination of Nonsignificance, Site Plan, and Mailing Map DOC. INDEX AS INGTON STATE ENVIRONMENTAL POLICY ACT ITIGATE !1 DETERMINATION OF N°I+NSIGNIFICANCE CITY OF YAKIMA, WASHINGTON June 12, 2009 PROJECT DESCRIPTION: The City of Yakima Department of Community and Economic Development rebeived an environmental review application for the Preliminary Long Plat of Toscanna. The roposal is for 66 common -wall lots in the R-2 zoning district. The subdivision is proposed to b a Planned Development and contain private streets. PROPONENT/ LOCATION: PA CEL NUM LEAD AGENC' FILE NUMBE >ETERMINA'I completed envir determined that environment, an 43.21C .030(2)(c WNER: 3ER: Toscanna LLC Vicinity of Castlevale Road and Seattle Slew Run 181315-31011 City of Yakima, Washington SEPA #020-09 ION: The City of Yakima, as lead agency for this proposal, after reviewing a �nmental checklist and other information on file with the lead agency, has the project will not have a probable significant adverse impact on the i an environmental impact statement (EIS) will not be required under RCW § , provided the measures listed below are used to mitigate potential adverse impacts. The i (formation relied upon in reaching this determination is available to the public upon request ate City of Yakima Planning Division_ IDENTIFI D ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES: This Mitigated etermination of Nonsignificance (MDNS) is hereby conditioned upon the following mitig ting measures, as authorized under WAC § 197-11-660 and YMC § 6.88.160, and the Yakima rban Area Comprehensive Plan, which contains goals, policies, and regulations which provide s bstantive authority to require mitigation under the State Environmental Policy Act. FINDINGS: A. Earth and Land Alteration: The SEPA Checklist indicates that approximately 35,000 cubic yards of earth may be moved for filling and grading. According to YMC § 15.12.020(A), no use or development, as those terms are defined by this title, may be established, placed, performed, cons -ruction, made or implemented, in whole or in part, without the issuance of a development permit by the building official. No development permit may be issued without the prior issuance o a Certificate of Zoning Review by the planning department for the proposed development, i . ' icating that the proposal has been through the review procedures of this ordinance and c•nforms to its requirements (YMC § 15.12.020(B)). B. Air 1 nali ;/Dust Control: Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Buripng is prohibited at all times during land clearing. Prior to demolisihing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement Toscanna LLC SEPA #020-09 1 DOC. INDEX • • contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. C. Water Quality: The water purveyor is responsiblefor 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 RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. . Water Resources: An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. E. Storm Water Management: The applicant states that stormwater will be routed to water quality detention facilities. These are acceptable methods of handling the runoff if designed correctly. The developer has a pre-existing storm sewer easement and agreement that was signed in 1975 and states that "The grantors reserve the right to connect to the storm drain to be installed within the above described easement for drainage control of surface water, run-off, or excessive waste water." Previous discussions with the developer's Engineer have led us to an agreement where the developer will be required to retain and treat the water quality storm (the 6 month, 24 hour storm), and any runoff beyond this amount may be released into the City's storm drain line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed professional engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. F. Transportation: This application, has been reviewed and approved (May 20, 2009) for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 34 PM Peak Hour Trips. This review does not include any site development or safety issues which may be discussed at .the project level or SEPA review (Safety issues are discussed below). The review does not address intersection level of service. Toscanna LLC. SEPA #020-09 2 DOC. INDEX A Traffic Impact Analysis was completed in May 2009. The analysis concluded that the project will be expected to generate roughly 709 daily trips, and that project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related ithpacts. G. Public Services: Water and Sewer: There are existing 12 -inch and 8 -inch waterlines in Castlevale Road and an existing 12 -inch waterline in Kern Way. Public waterlines are required to be looped thr ughout the site. New waterlines shall be placed in the street and connect to the existing waterl in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required reflow for the buildings. Placement of hydrants shall be addressed during the plan review pha. e. The applicant's plans provide for sewer extension to properties adjacent to this planned development. S wer line sizes to be determined during formal plan review. The 12 -inch stub to the existing lift tation near the canal to be extended when development occurs on the remaining property. All public utili lines on private property shall be located in a minimum 16 -foot easement. H. Public Services: Fire and Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordai►ce with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. Tae proposed gates shall comply with the following 2006 IFC standards: 1. The minim gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Constructi?n of gates shall be of materials that allow manual operation by one person; 4. Gate complonents shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric ga es shall be equipped with a means of opening by the fire department personnel for .emerg cy access. Emergency opening devices shall be approved by the fire code official; 6. Manual op ping gates shall not be locked with a padlock or chain unless they are capable of being o ened by means of forcible entry tools or when a keybox containing the key(s) to the lock in tailed at the gate location; and, 7. Locking d vice specifications shall be submitted for approval by the fire code official. The electronic o ening device of a fire apparatus access road shall include the components on a Knox Box rapi Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO ARKING-FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required jby Section D103.6.1 of D103.6.2. Toscanna LLC SEPA #020-09 3 DOC. INDEX • O • r • The City Engineer and staff require Kern Road to be used as a fire access road along with a local access road. Kern Road will be built to universal fire code standards for fire apparatus. A minimum of 20' of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. I. Noise: During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays (YMC § 6.04.180). An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." J. Frontage Improvements / iI evelopment Standards: Five-foot sidewalks shall be required along all the Castlevale Frontage. The interior streets are planned to be private streets with sidewalks on one side of the street. If this development, in the future, intends these streets to become public City streets, the developer will be required to reconstruct the streets to meet standards in place at the time. K. Light and Glare: "Lighting shall be provided to illuminate any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent properties." (YMC § 15.06.100) The proponent shall construct the project in a manner .that minimizes the reflection of building and parking lot light and glare onto adjacent residential properties. Exterior lighting shall be minimized where possible, and shielded from adjacent properties and the public right-of-way. L. Aesthetics: The purpose of YMC Chapter 15.05, Site Design and Improvement Standards is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote public health, safety and welfare. The proposed project shall conform to all applicable standards including, but not limited to: building setbacks, lot coverage, fence height, access, and building height. YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan 2025 designates the future land use for this area as medium -density residential. The medium -density residential future land use designation is characterized by a mixture of single family detached residences and duplexes, with a variety of other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed development is compatible with the following goals and policies of the Comprehensive Plan. Goal 3.2: Policy 3.2.1: Goal 3.3: Policy 3.3.2: Toscanna LLC SEPA #020-09 Build sustainable new neighborhoods. For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Preserve existing neighborhoods. Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. 4 DOC. INDEX Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. MITIGATION REQUIREMENTS 1. No development permit shall be issued prior to the issuance of a Certificate of Zoning review. 2. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 3. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRCAA. 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 6. The applicant will be required to retain the water quality storm on-site. Any excess stormwater can go into the City storm line. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE) and a- copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd. and in Kern Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. S. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Depat tnuent Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Toscanna LLC SEPA #020-09 5 DOC. INDEX • • • 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any type of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-foot sidewalks shall be installed along the Castlevale frontage. 17. Interior private street design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. CONTACT PERSON: Contact Joseph Calhoun, Assistant Planner (509) 575-6162 for more information. r There is no comment period for this DNS This MDNS is issued after using the optional DNS process in WAC § 197-11-355. There is no few further comment period on the MDNS. This DNS is issued under WAC § 197-11-340(2); the lead agency will not act on this proposal for r 20 days from the date below. Responsible Official: William R. Cook Position/Title: CED Director/SEPA Responsible Official Phone: (509) 575-6113 Address: 129 N 2nd Street, Yakima, WA 98901 Date June 12, 2009 Signatu You may appeal this dete Yakima, WA 98901. R. Coo 1 Director, at 129 N 2nd Street, No later than: June 26, 2009; by completing an appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. r There is no agency appeal Toscanna LLC SEPA #020-09 6 DOC. INDEX DEPARTMI ' OF COMMUNITY AND ECONOMIC . YELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 o Fax (509) 575-6105 www.ci.yakima.wa.us May 20, 2009 Keith Basham Envizage Development Group 200 Galloway Dr Yakima, WA 98908 Subject: Notice of Decision for Transportation Concurrency Toscanna, Phase 1 801 Seattle Slew Run, Yakima, WA Dear Applicant, ECE1VE MAY 2 0 2009 CITY OF .YAKIMA PLANNING DIV. Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed 66 single family attached housing units in the vicinity of 4200 Castlevale Road on a private street (Seattle Slew Run) within the City of Yakima, Washington. This development has been APPROVED for Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local access streets or street intersections. This review does not include safety or site design issues which will be addressed at the project review level of zoning and SEPA. This review concluded that the proposed development will not exceed the capacity of the arterial street system and reserve capacity exists on all impacted arterial streets. Please review the enclosed report. You may appeal the Findings of this report or request Administrative Reconsideration within fifteen (15) days from the date of mailing of this Notice. Appeal forms and procedures are available at the Department of Community and Economic Development. If you have any questions, please call me at (509)576-6417. Sincerely, J an Davenport Planning Manager Enclosure copy: Joseph Calhoun, City Planning Division DOC. INDEX ' B' 3 IB� 1994 • O • Yakima • Date of Review: Review Prepared by: Proposed Development: Subject Address: ITE Land Use: City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis May 20, 2009 Joan Davenport, Planning Manager (576-6417 Toscana Phase 1- Revised 801 Seattle Slew Run LU #230, 66 Condos (0.52 PM Trips* 66 units Expected Net PM Peak Hour Trip Generation: 34 PM Peak Hour trips Summary of Impact: The applicant proposes to construct 66 single family attached condominiums units on a private street (Seattle Slew Run) in the vicinity of 4200 Castlevale Road, within the city of Yakima, Washington. This is a revised plan and Phase 1. of several planned development phases. All traffic from this new development will enter the Arterial Street system on North 40th Avenue. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. The site -generated traffic is distributed to the Arterial street sections noted below, based upon the City policy to assess impacts for two Arterial street segments. Estimated distribution of the site -generated trips is shown on the table below. Based upon actual data, City of Yakima Traffic Volumes for PM Peak Hour is assessed as 8.7% of total Average Daily Traffic (ADT). Peak hour reserve capacity includes any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima Transportation Concurrency assesses arterial street segment capacity only and does not address intersection capacity. RECEIVED MAY 2 0 2009 CITY PLA f91NG DIV. = 34.32 PM Trips) Seg # Street Segment Total ADT PMPK PK Hr ADT HR Reserve Cap. New Dev. PM PK HR Impact Total Con- currency Trips Resulting Pm Pk Hr Capacity V/C LOS 67 40th Ave: Fruitvale to River 24,050 2,092 1,108 12 202 1,096 0.72 C 68 40th Ave: River to Castlevale 28,400 2,471 729 16 107 713 0.81 D 69 40th Ave: Castlevale to Englewood 26,600 2,314 886 18 110 868 0.76 C 70 40th Ave: Englewood - Lincoln 26,300 2,288 912 10 154 902 0.76 C 85 Fruitvale: 40th to 34th Ave 10,525 916 2,284 2 78 2,282 0.31 A 98 WynPRodwerhouse Rd: 40th Peck's 6,330 551 1,049 4 34 1,045 0.37 A 108 Englewood: 40th to 48th Ave 7,740 673 927 . 4 34 923 0.44 A 109 Englewood: 32nd Ave to 40th Aye 5,000 435 1,165 4 34 1,161 0.29 A Summary of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of 1 DOC. INDEX City of Yakchna, Washeagto TRANSPORTATION CAPACITY ANALYSIS RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. The Washington State Growth Management Act (RCW 36.70A.070) requires all new development to be consistent with the existing or planned street system capacities. The City ofYakima adopted Yakima Municipal Code Section 12.03 to implement this local requirement. The information you provide with this application will be used to estimate the impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets. i APPLICATION INFORMATION MEE: $250 (Receipt #1)1 __cog 2' Applicant Name: ENV fir,.: ]Dewe 1 o w i— 6 -ac, up Contact Person: ICe i 5.4,S1,1ab,t 5'09— 446 - SW/5 C et 1 tl c Ye c 20" Com / a w.tv . '<A O d7.-'. Mailing Address: Project Address: Parcel Number: $3 i &leu) Rye) Y,- .! 'AM.- • RECEIVED MAY 2 0 2009 CITY OF YAKIMA /6/3/S3 9!/ — VToS Ca in vio) • 6, PLANNING DIV. 42 v�6;� � .�c•F RESIDENTIAL COMMERCIAL INDUSTRIAL Number of Units gib .Describe Describe Housing Type: ,S 11-4 A,6 4 j y Gross Floor Area: Gross Floor Area: (single family, Apartment , MEP) Special Population: Po (Assisted Living, Nursing Home, etc) Other: (Day Care, Church, etc) Parking Spaces: (Required/Provided) Parking Spaces: (Required/Provided) Number of Employees Number of Employees ,Project Description: 66, — s t� j)� (�,;,."� Ay x� T/� ,•� Sti y„ P'?S (t:1St NZ • *****PLEASE ATTACH A S1TE PLAN***** _ Submit this form , attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or AppeaL Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruitvale Boulevard; Yakima, WA 98902 Phone: 509/575-6005 DOC. INDEX • 1a0lR 9 iir To 0a0iN 101y0n0 =NW 1!0 41oi.RT AMP to DWiN 141 00571010• 0L1017 04057 100' MA erarl .RT IMP UsITOrt O 14.44> • 11LL 1 WTI O1Lo= ▪ 10 x 1 11111.8. 1M WATER • - - 9ANITART OE IER 91087 SELLER ie' RA▪ MA 1 1 Ip PUBLIC OL11T 11080R YM 1411[1 LLNRT. 1W01 Pq9 OI *0AiCVO[Tarte luNICUI /CtIDi O 00110 1%00 74x17[ O*N07 re -WIRD 'TORI LN ro 0001W 0141102 01p4y0001p.1 Aw Aar, 741 70410418 K06L^.. OXOIW STOW 0[YYR LN r0 LLLL A94Ca.o.00 W10710 M N10LLYMLLT LLAI1WW 00 MOM WW1?' 400011 YM 904100 DMTNO1. W P0.! ADJACENT R9 BEE ENLAR0ED N1ER0EC110N PLAN Q1 ENEET Q3 FDR 91DEIINLI( P CIR�9 1 019101 TR1AN4LE *010*1ATIQ1 01404100 MOM 70100, Y MOM 11.A160 !LUX 0401.1.014 MKS 10 MOND 10IIIWOM • 1 10 •05 IA os IA. I 01M0014F 1 rtPIC4 40:1161, MLOT Oh MOW RECEIVED• J �/` MAY 1 1 2b09 CITY OF YAKIMA ir PLANNING Qlv.. 011171•0 4 LN 000710 R® N.TIMAM OM -a4 LN 10 LLDNT. Nle Enlarged Preliminary Plat/Planned Development Site Plan =Phases 1 - 4 I• • 40' 1'• 1 . U asey roup re 1" ec S Architecture And Planning G, M m m 4444 N 9 D 13 N 2 P2 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-09, PLP#001-09, SEPA#020-09 • Toscanna LLC Vicinity of Fechter Rd / North 40th Avenue I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies 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 18th day of May, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. A---:LCA-3(7)th6L_) 1 osalinda Ibarra Planning Specialist DOC. INDEX # 101.J1�-31'3 VS 917 TRIPLE CROWN LLC 917 TRIPLE CROWN WAY ## 20 YAKIMA, WA 98908 1110 1 5-32442 ANATOLE & ELIZABETH KIM 911 COACH CT YAKIMA, WA 98908 181315-24442 ARNO L•& JOYCE L PELL JOHNSON 4306 FELLOWS DR YAKIMA, WA 98908 181315-34477 BLANCHE L FORTIER 4201 GARDEN PK WY B YAKIMA, WA 98908 181315-34462 BURTON & LAURA LEIGH POWERS 4107 GARDEN PARK WAY YAKIMA, WA 989082629 24414 S G SCOTT 41 DONALD DR' YAKIMA, WA 98908 181315-32502 CLIFFORD P & MARGARET KNOBEL 801 TENNANT LN YAKIMA, WA 98901-3727 181315 D E P 2 YA WA 98902-4162 181315-31408 E P OPE 2'01 A T S YA A, = 98902-4162 181315-32499 AIDA 0 GARCIA '821 CONESTOGA BLVD YAKIMA, WA 98908 181315-24473 ANDREW M & WILMA JEAN MERVOS 4108 DONALD DR YAKIMA, WA 98908 181315-31402 BAKER BOYER BANK PO BOX 1263 YAKIMA, WA 98907 181315-32400 BRUCE A LAWRENCE 918 CONESTOGA BLVD YAKIMA, WA 98908 181315-24443 C. DEAN & GERALDINE AMENDE 4304 FELLOWS DR YAKIMA, WA 98908-2207 181315-32456 AMAL Y SEIF 828 N CONESTOGA BLVD YAKIMA, WA 98908 181315-32501 ANTHONY R & LORI T THOMAS 5808 SUMMITVIEW AVE STE A YAKIMA, WA 98908 181315-33466 BETTY ANN VAN RYDER 807 N 46TH AVE YAKIMA, WA 98908-2467 181315-33478 BRUCE S & DIANE N CROCKETT 713 N 46TH AVE YAKIMA, WA 98908 181315-34479 CAROLINE PURDON 4301B GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-34034 181315-32493 CHRISTIAN LIFE CENTER CHURCH OF CLAUDE M & PAULA SLAYE 716 N 40TH AVE 4506 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32492 CONNIE J WHITE 4001 SUMMITVIEW AVE # 5 YAKIMA, WA 98908 181315-31407 2 YA E P •ROP.RTI T A, A 98902-4162 181315-24424 DAMEN GARCIA 143 ROBERTS RD YAKIMA, WA 98908 181315-32446 181315-32452 DANIEL A & BROOKE L ALLEN DAVIS DAVE & BECKY FRANKLIN 9ACH CT 4604 SURREY LN Y , WA 98908 YAKIMA, WA 98908 DOC - INDEX 181315-31405 D E P PROPERTIES INC 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 2 YA 1315-31408 E P P•'PER 01 S T IES , W' 98902-4162 181315-24468 DAN K & ELIZABETH E PENHALLEG, 4105 FECHTER RD YAKIMA, WA 98908-2431 181315-32432 DAVID C IRWIN 4406 CARRIAGE HILL DR YAKIMA, WA 98908-2415 181315-33467 181315-32469 Lja....2arg DAVID L & JUANITA WILBURN DAVID T. JOYNT 711 N 46TH AVE 821 CARRIAGE HILL DR YAKIMA, WA 98908 YAKIMA, WA 98908 1315-32459 DILEEP & AMY DHRUVA 4603 PHAETON PL YAKIMA, WA 98908 181315-32491 DONALD & REMONA TRUHLICKA TRUS 4604 SONNESTOGA BLVD YAKIMA, WA 98908 181315-32510 DONOVAN M & DIANE M YOUNG 913 CONESTOGA BLVD YAKIMA, WA 989082423 181315-32508 181315-34458 DUANE R & DOROTHY L BRODRICK KNI EDITH MC ARTHUR 909 CONESTOGA BLVD 4203A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2673 181315-24422 ERIC & BARBARA J CURETON 4203 FECHTER RD YAKIMA, WA 98908 181315-32468 GEORGE J & SUSAN G VLAHAKIS JR 819 CARRIAGE HILL DR YAKIMA, WA 98908 181315-33472 181315-32437 GERALD N & CYNTHIA PERKINS HINO GERALD N & DIANA L MELLEN 724 N 44TH AVE 904 CONESTOGA BLVD YAKIMA, WA 98908 • YAKIMA, WA 98908-2422 181315-32513 GREGORY G CHIN FAMILY TRUST 919 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-33474 HUGH MACGREGOR PO BOX 4585 PO EL DORADO HILLS, California 9576 EL 181315-24447 HAN CHOL & HYONG 0 KIM 4305 FELLOWS DR YAKIMA, WA 98908 181315-3347 GR ,_58' .�-�D• 181315-32494 DOUGLAS B & THERESA ALLEN 4504 CONESTOGA BLVD YAKIMA, WA 98908-2425 181315-32401 ELSIE M KUSHNER 4403 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-23023 GERALD & DOLLY BUSEY 4307 FELLOWS DR YAKIMA, WA 98908 181315-23018 GERALD W & JUDY ADAMS 4501 FECHTER RD YAKIMA, WA 989082434 181315-32511 HECTOR R FELIX 915 CONESTOGA BLVD YAKIMA, WA 98908 181315-34035 • • INTERNATIONAL CHURCH FOURSQU2 1910 W SUNSET BLVD #200 ILLS, California 9576 LOS ANGELES, California 9002E 181315-34459 181315-34480 JACK H & SHIRLEY L BARKER TRUSTE JACK HARWOOD 4203 B GARDEN PARK WAY 4109A GARDEN PARK WAY YAKIMA, WA 98908 YAKIMA, WA 98908-2629 181315-24464 JACK M & NATALIE G KING 4109 FECHTER RD YAKIMA, WA 98908-2431 181315-32498 JAMES R. LANE 819 CONESTOGA BLVD YAKIMA, WA 98908-2420 181315-33436 JERROLD A & SYLVIA JACOBY 4601 MODESTO WAY YAKIMA, WA 98908 181315-32504 JOEL & JOAN WEYHE 901 CONESTOGA BLVD YAKIMA, WA 98908 181315-24412 JAMES D BECKETT 4002 ENGLEWOOD AVE YAKIMA, WA 98908-2619 181315-34481 JEFFREY & VIVIENNE GAMACHE 4109B GARDEN PARK WAY YAKIMA, WA 98908-2629 181315-31007 JERRY L & MARCIA L BLEVINS 802 N 40TH AVE DOC. YAKIMA, WA 98908-2402 INDEX 181315-24445 JACK I & MARY H LOVELL 4301 FELLOWS DR YAKIMA, WA 98908-2208 181315-32465 JAMES L & BONNIE P SCOGGINS 4603 CONESTOGA BLVD YAKIMA, WA 98908 181315-34463 JEFFREY T & TERESA L LOUMAN 4105 GARDEN PARK WAY YAKIMA, WA 98908 181315-3 008 J: RY MA 80 YAKIMA, WA 98908-2402 1 G- 181315-32447 181315-32430 JOHN & DEBBI SPITLER REVOC LIVIN JOHN E & PEGGY A MAXWELL 906 COACH CT 4410 CARRIAGE HILL DR YAKIMA, WA 98908-2418 YAKIMA, WA 98908-2415 181315-32470 ' JOHN F & JERRIILYN MAKINS 823 CARRIAGE HILL DR YAKIMA, WA 98908 • 181315-32402 JOSH & JAEL HUIZAR 4405 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32496 KENT A MC LACHLAN 815 CONESTOGA BLVD YAKIMA, WA 98908 181315-24420 LARRY R & BETTY DOUGLAS 4201 FLETCHER RD YAKIMA, WA 98908 181315-32405 JOHN G & ROBIN WATKINS 4411 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-32435 KATHRYN I BLANKENSHIP 908 CONESTOGA BLVD YAKIMA, WA 98908-2422 181315-24423 KENT C SEELIG 4204 DONALD DR YAKIMA, WA 98908 181315-32497 LEE C & PATRICIA J CLARK 817 CONESTOGA BLVD YAKIMA, WA 98908 181315-34456 JOHNETTE SULLIVAN 4303 GARDEN PARK WAY YAKIMA, WA 98908 181315-34476 KAY LUCAS REVOCABLE LIVING TI 225 19TH ST NE # 15 EAST WENATCHEE, WA 98802-427: 181315-24444 LARRY & BARBARA KOREIS 4302 FELLOWS DR YAKIMA, WA 98908 181315-32433 LEO & KAREN LEE 4404 CARRIAGE HILL DR YAKIMA, WA 98908-2415 181315-24413 181315-32434 181315-32445 LESLIE C RUCKER LEX C & ANITA L TOWNS LISA J ZIGLER 1013 FELLOWS DR 21767 RADICLE RIDGE WAY 910 COACH CT YAKIMA, WA 98902 KIRKSVILLE, Montana 63501 YAKIMA, WA 98908-2418 5-33435 181315-24426 L S J & MARGARET E PETERSCHICK MANUEL L LOZANO 808 N 46TH AVE 4206 FELLOWS DR YAKIMA, WA 98908-2401 YAKIMA, WA 98908 181315-32460 MARTIN K & SANDRA M DEVER 4605 PHAETON PL YAKIMA, WA 98908 181315-33473 MICHAEL & SUE GUNDERSON 720 N 44TH AVE YAKIMA, WA 98908-2610. 181315-32506 MILTON LEE & KARIE LYNN COOPER 905 CONESTOGA BLVD YAKIMA, WA 98908 181315-24434 411V MEHTA ELLOWS DR , WA 98908 181315-32509 PATRICK A TRUE 911 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-33437 MARIO M & JANE VILLANUEVA 4603 MODESTO WAY YAKIMA, WA 98908-2578 181315-32431 181315-24450' MATTHEW D & HOLLY J CHRISTENSEN MELICIEN TETTAMBEL 4408 CARRIAGE HILL DR 4302 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 181315-32404 MICHAEL B GEFFRE 4409 CARRIAGE HILL DR YAKIMA, WA 98908-2416 181315-34036 MT ADAMS CATTLE CO 2101 SAINT HELENS ST YAKIMA, WA 98902-4162 18131 OMI 01 -244 W D Y MA, WA 98908 DOC. INDEX # 6-aG 181315-32441 MICHAEL L & CYNTHIA G MCFARLP 909 COACH CT YAKIMA, WA 98908-2452 181315-31409 NICLOAS K REEP, DDS,PS 3804 KERN RD # A YAKIMA, WA 98902 181315-24446 PAJAH LLC 805 N FRONT ST YAKIMA, WA 98901-2219 181315-24449 PAUL F. HAMMERSTAD 805 N FRONT ST YAKIMA, WA 98901-2219 181315-24417 PUCCINELLI REVOCABLE LIVING T 4102 DONALD DR YAKIMA, WA 98908 181315-32512 RAYMOND & ANITA A NAVARRO 917 N CONESTOGA BLVD YAKIMA; WA 98908 '•1181315-32443 'RICHARD J & ELIZABETH IRONS 913 COACH CT YAKIMA, WA 98908 181315-24472 181315-32462 RICK OEHRING ROBERT C MARTIN 8632 REFUGE POINT CIRCLE PO BOX 2667 NORTH CHARLESTON, South Carolina YAKIMA, WA 98907 181315-32464 ROBERT M & JUNE W WILKES 4601 CONESTOGA BLVD YAKIMA, WA 98908-2428 181315-32503 RONALD V & LINDA J HATFIELD 829 CONESTOGA BLVD YAKIMA, WA 98908 181315-32436 SCOTT M LARSON 906 CONESTOGA BLVD YAKIMA, WA 98908 181315-32505 THERESE C. HAMM 903 CONESTOGA BLVD YAKIMA, WA 98908-2423 181315-32467 THOMAS R. DDS ROSIER. 817 CARRIAGE HILL DR YAKIMA, WA 98908 I avizage Development Chap ATN: Dave Sjule 181315-31011 TOSCANNA LLC 200 GALLOWAY DR YAKIMA, WA 98908-9023 181315-32457 TREVOR L T & MELANIE M GREENE 826 CONESTOGA BLVD YAKIMA, WA 98908-2421 181315-32463 ROBERT R & MARIE C NEWSTEAD 814 CONESTOGA BLVD YAKIMA, WA 98908-2419 181315-32454 ROSEMARY FALON 4506 SURREY LN YAKIMA, WA 98908-2440 181315-32444 RICHARD L & LISA BALDOZ 912 COACH CT YAKIMA, WA 98908 • 181315-32439 ROBERT H & KIMBERLY A WILKINS 4503 SURREY LN YAKIMA, WA 98908 181315-33479 RON & TERESA JONES 715 N 46TH AVE YAKIMA, WA 98908 181315-34478 RULON C BERGESON 4301A GARDEN PARK WAY YAKIMA, WA 98908-2684 181315-32403 181315-24415 STAN K & JACQUELINE KORESKI BIRD STEPHEN P & KAREN L HARRISON 4407 CARRIAGE HILL DR 1019 FELLOWS DR YAKIMA, WA 98908-2416 YAKIMA, WA 98908 181315-33038 THOMAS & DOLORES M GASSELING 714 N 44TH AVE YAKIMA, WA 98908 181315-32438 THOMAS W & SHARON L RIDOUT PO BOX 10974 YAKIMA, WA 98909-1974 181315-34037 TOSCO NA LC •00 1 MA, WA 98908-9023 181315-24432 TYRONE F RODRIGUEZ 4203 FELLOWS DR YAKIMA, WA 98908 181315-32466 111, THOMAS E & LOIS H NELSON 815 CARRIAGE HILL DR YAKIMA, WA 98908 181315-32429 TIMOTHY G & LYNN M GELLERSON 4506 CARRIAGE HILL DR YAKIMA, WA 98908-2417 181315-34455 TRAVIS L & SANDRA D RUNDELL R 4305 GARDEN PARK WAY YAKIMA, WA 98'908 181315-32453 VIVIAN & SHAWN C LOUDON 4602 SURREY LN YAKIMA, WA 98908-2442 181315-32458 181315-32500 181315-32514 WALTER & BARBARA SLATER WAYNE E & COLLETTE M HEFFNER JR WILLIAM & MACILE-TR CO 824 CONESTOGA 823 CONESTOGA 921 CONESTOGA BLVD YAKIMA, WA 98908 YAKIMA, WA 98908 DOC. YAKIMA, WA 98908 INDEX # G -ate 181315-32440 WILLIAM D & ANNA M MAHONEY 905 COACH COURT YAKIMA, WA 98908 181315-32455 WILLIAM M III ELLIS PO BOX 62 LILLIWAUP, WA 98555-0062 181315-24425 WILLIAM P & TERI L FOSTER 4207 FECHTER RD YAKIMA, WA 98908 181315-32461 ' WILLIAM W & KIMBERLY K FETZER 4604 PHAETON PLACE YAKIMA, WA 98908 • 181315-42406 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 137 labels printed I g'45,1 pouf In sem` tk, 1 1 15-32495 }YA Y 129 D ST YAKIMA, WA 98901-2613 181315-32507 YUN G & AE S CHOI 907 CONESTOGA BLVD YAKIMA, WA 98908-2423 for map sheet toscanna no-htt ofApp I c?S1h -n S tea( Pwhl t c 1-1-6AA-in r 1 paw -opt -off PL -t co I -09 l 181315-31401 YAKIMA COMMUNITY FEDERAL CREDI PO BOX 2707 YAKIMA, WA 98907-2707 TOscanna LLC c/o Keith Basham 12419 172nd Street E, Ste. N. Puyallup, WA 98374 The Casey Group Architects c%o Paul Casey 5521 100th Street SW, Ste #A Lakewood, WA 98499 PLSA c/o Rick Wehr • 1120 West Lincoln Avenue Yakima, WA 98902 Maud Scott 307 Union Street Yakima, WA 98901 Chad Hatfield 414 North 2nd Street Yakima, WA 98901 Dan Johnston 1102 Fellows Drive Yakima, WA 98908 DOC. INDEX #-�� OD -RG, SEPA Reviewer Army Corps PO Box c-3755 Seattle, WA 98124 Cascade Natural Gas 701 S. 1st Ave Yakima, WA 98902 Chamber of Commerce 10 N 9" St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6`'' Ave. MS 623 Seattle, WA 98101 FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation 1 1 1 S. 18`x' St. Yakima, WA 98901 Yakima School District Superintendent 104 N. 4th Ave Yakima, WA 98902 Yakima Airport Manager 2400 W. Washington Ave Yakima, WA 98903 `ST OF SEPA REVIEWING AGENCI 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 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div. Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr PO Box 151 Toppenish, WA 98948 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 329 North 151 Street 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 • Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 DOC. INDEX O Page 1 of 2 di• num Irrigation District ox 563 Zia, WA 98907 Wastewater Division Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redifer Yakima County Public Services Mr. Steven Erickson �na County Planning Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 • >T OF SEPA REVIEWING AGENCF YVCOG Transportation Planner 311 N. 4`h Street STE 202 Yakima, WA 98901 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicolai Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 114c o ApP ,s1P14 '3 Paltoo i -°q PODI -09 SEPArg -D °9 X101 Yakama Indian Nation Environmental Protection Prog. Moses Segouches PO Box 151 Toppenish, WA 98948 Environmental Coordinator Bureau of Indian Affairs • PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Fann Worker Housing 1400 Sumrnitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24`x' Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 DOC. INDEX #-ate Page 2 of 2 Royale Schneider Code Administration Carolyn Belles Code Administration Sandy Cox, Codes DECISIONS ONLY For the Record/File IN-HOUSE DISTRIBUTION LIS Ron Melcher Fire Dept. City Legal Dept. City Clerk DECISIONS ONLY Binder Copy DECISIONS ONLY Mike Antijunti Engineering Division Jerry Robertson Code Administration Bill Cook, CED Dir. DECISIONS ONLY eIla--han IS6H4 PIIL-a-'�''°� VOA Ong p OD 0' Mike Shane Water/Irrigation Div. • Office of Neighborhood & Development Services Nathan Thompson DECISIONS ONLY DOC. INDEX # ��-�G r a8G 1 01 1 lbarra, Rosalinda •om: Calhoun, Joseph Sent: Monday, May 18, 2009 8:21 AM To: Ibarra, Rosalinda Subject: Toscanna I had a voicemail from Chad Hatfield requesting a copy of the notice for Toscanna. I printed out a label and put it by the other envelopes. JOSEPH CALHOUN ASSISTANT PLANNER CITY OF YAKIMA (509) 575-6162 JCALHOUN@CI. YAKIMA. WA. US • • DOC. INDEX #6-e�G 5/18/2009 1\V. VJ-1U-V7 Ll+sal 19VLLliL... 1•Vlll,V Vl z-q?p11L.aLLV11 a11L1 JLl A - 1 aket1111a - 11l 1 Ll JLl r. Ibarra, Rosalinda From: Sent: To: Legals [legals@yakimaherald.com] Thursday, May 14, 2009 5:01 PM Ibarra, Rosalinda - Subject: Re: 05-18-09 Legal Notice: Notice of Application and SEPA -Toscanna - PD PLP SEPA I've scheduled the attached legal notice for 5/18, for a cost of $181.17. On 5/14/09 3:03 PM, ''Ibarra, Rosalinda" <ribarra@ci.yakima.wa.us> wrote: Please publish only once on Monday May 18, 2009 Send affidavit of publication and invoice to: Account 11002 City of Yakima, Planning Division 129 North 2nd Street, Yakima, WA 98901 Rosalinda Ibarra Planning Specialist ribarra@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 N N IN) N N N rV Al r, rV Ar rV Ai rV Simon Sizer Legal/Obituary Clerk Yakima Herald -Republic Phone: 509-577-77 0 Fax: 509-577-7766 Iegals@yakimaheraldocom 5/18/2009 1 aE'jl. 1 Vl 1 OTICEiOF;APPLICATION IENVIROA986ENT its REVIEW AND PUBLIC HEARiNCr ' DATE:F•May T8 2009 FROM:. WilIlam'Cook, redo`' APPLtCANTi Toscanna LL¢ S *Cog PlannedIDevelopment �Prefinuc and FuSEPA Environmental Review; PD, #001-09 'PLP'#001=09 SEPA cel Number 181315-31011 , Date May 11*2009IDate`-of3 Application Maya14 12009P__ROJECT.aDESCRIP-TION. alfis for a, residen al plannedkdevelopmev nary-long'platAto create),66 omm oommon3area tract)'' andSEPAenviron..� The3pnoposed development wall be,sated,- privateestreets Common wallffawelling `iiriels (I)uses an;the F1 2}zonmg?distnc0TFie_ m -ihei is nitty of Castlevale Road R n ENVIRONMENTAINREVIEWisTi* to ne 11 the pu ilac andkpnvatOl genaesi`wdb jur nii#intonfirentayano sron of Envaronrnentaal Plah`ihKe mnghasbeenesiaa as the lead agency pursuantito tf- W- Envrtnnmentaal;-Policy Act' (SEEPA)=,for 1t.T project' This actienfiis n`ot exempt from)tli mnnierrtal1RolicyFAct{under3WAC 19711 rxal Exemptions (1) Manor newcons_; ible thresholds as�this adaon nits in ttinvolves iron of=more than 20 dwellang dismct. Thus an enwronnmentat review nes{uaed QtyYof Yalama is+presently inclined towards the a6 ance=of a MitigateddDeCita- nataorr)of Norm a'7icanoe; (MDNS)fontthistpp'rolectzT a optional' WAC 1B7 11355 process s.being.-useThe proposal may mchlde mile gation`measures under applacable:'bodes arrc ect review processlmay Incorporate r,._ iontmeasuresregardless ofswhetheerr an rev"! pamd.Thrs ma1,001,0 ur only merit n the renvaronmental ampacts o! tlus pr - iii Lfor, ,written Conumjrts. public are erarouraged to re=? view and comment on thegproposedl proms probable' environmental impacts. There` thus review Ilwratterr comments' 09 willabe considered pnorto°is_? s[nngT the final= determanataon on 0us application Please be'-sure3torefei-encelthe file"numb0r(s)i(PD #OO7_,-09TPLP ;#001 09 SEPAt#020;-09)3or agp - narrie (Toscanna LLC) pan your co TICE`OFrDECISION TheaSEPAnthies L wiU be rendered afferaheZend oft mem period There�will be a 14 -day SEPA1 ,,, ,; od effechveiupon then date of 1maiing 1VOTITICE PUBIJC-HEARING This;projectjrequiies-that tie hear% ing•Exa niner,hold a publiclheanng.This public'heanng has beenitentatavelyscheduled for July 9 tle�lfa. nmg of 9 00 a mr an the,Councal,'lChamberS. Cdy Hall°; Street, Yakima WAa Any person desuang to; the a n this Sllbmatmatter'islinvited to attaenri 129N2nd express their jviews a written .461-6 itS. Fo1-: Iowmg_theipublie_hearing tfie#Hearing F �wal sae his recommendahon,,;within- ten (10) .movie days. FoliowingErebe,i9Lof the Hearing E s t ammei dation ardate wall'be set fora "'"' _- Hearing before City Council If you_have ar+gw-w. onrlh;_proposal please call Joseph* Cafhwar AssYs- tant 'Planner _at (509) °57546162 or e-Ym�r at jcattioun@ca yakima via us a The complet i '"- '' Me to rewew,atiCity. Ha '(0955081§Y May 18 2009 INS • PRESS RELEASE NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC REARING DATE: May 18, 2009 TO: Applicant, Adjoining Property Owners, SEPA Reviewing Agencies FROM: William Cook, CED Director APPLICANT:. Toscanna LLC SUBJECT: Notice of Planned Development, Preliminary Long Plat, and SEPA Environmental Review File Number(s): PD #001-09; PLP #001-09; SEPA #020-09 Tax Parcel Number: 181315-31011 Date of Application: May 11, 2009 Date of Application Completeness: May 14, 2009 PROJECT DESCRIPTION The proposal is for a residential planned development, a preliminary long plat to create 66 common -wall lots (plus common area tract), and SEPA environmental review. The proposed development will be gated and contain private streets. Common -wall dwelling units are Class (1) uses in the R-2 zoning district. The subject property is in the vicinity of Castlevale Road and Seattle Slew Run. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 197-11- 800 Categorical Exemptions (1) Minor new construction — Flexible thresholds as this action involves the construction of more than 20 dwelling units in the R-2 zoning district. Thus, an environmental review is required. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non- Significance (MDNS) on this project. The optional WAC 197-11-355 process is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. This may be your only opportunity to comment on the environmental impacts off this proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional, Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 2. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE). 3. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 1 DOC. INDEX # G_a� PRESS RELEASE 4. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. 5. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street connect to the existing waterline in Castlevale Rd. and in Kern Way. 6. All public utility lines on private property shall be located in a minimum 16 -foot easement. 7. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 8. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 9. The proposed private streets shall be built to standards approved by the City Engineer. 10. Five-foot sidewalks and streetlights shall be installed along the Castlevale frontage. 11. Sewer extension shall be consistent with YMC § 12.03.020. 12. Parking and street lighting shall adhere to the standards of YMVIC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. 13. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. Required Permits: The following local, state and federal permits/approvals are needed for the proposed project: Building Permit, Grading Permit, Dust Control Plan and New Source Review (Yakima Clean Air Authority). Additional permits may be required. Required Studies: Traffic Concurrency Review Existing Environmental Documents: Soil stability letter from Brad Card, PLSA (8/14/08); Soil toxins letter from Brad Card, PLSA (8/26/08); Acoustical Evaluation from Elki M. Lahav, A Acoustics (4/20/09); Traffic Impact Analysis from Gregary B. Heath, Heath and Associates, INC. (5/4/09). Preliminary determination of the development regulations that will be used for project mitigation and consistency: International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan, and City of Yakima Title 12 Development Standards. Request for Written Comments: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 20 -day comment period for this review. All written comments received by June 8, 2009 will be considered prior to issuing the final determination on this application. Please be sure to. reference the file number(s) (PD #001-09; PLP #001-09; SEPA #020-09) or applicant's name (Toscanna LLC) in your correspondence. Please send written comments to: William Cook, CED Director City of Yakima, Department of Community & Economic Development 129 North 2nd Street, Yakima, Washington 98901 NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. There will be a 14 -day SEPA appeal period effective upon the date of mailing. NOTICE OF PUBLIC HEARING This project requires that the Hearing Examiner hold a public hearing. This public hearing has been tentatively scheduled for July 9, 2009 beginning at 9:00 a.m., in the Council Chambers, Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 2 DOC. INDEX # -pa_ • • • PRESS RELEASE City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his recommendation within ten (10) business days. Following receipt of the Hearing Examiner's recommendation, a date will be set for a Closed Record Hearing before City Council. If you have any question on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575-6162 or e-mail at jcalhoun@ci.yakima.wa.us. The complete file is available to review at City Hall. Toscanna LLC Notice of Application, Environmental Review, and Public Hearing DOC. INDEX # Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Monday, May 18, 2009 8:31 AM To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; KDNA; KIMA TV; KNDO News; KUNS-TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 05-18-09: Notice of Application and SEPA - Toscanna - PD PLP SEPA Attachments: Notice of Application and SEPA - Toscanna - PD PLP SEPA_ Press Release.doc Rosanne, please post to: http_//www.ci.yakima.wa.us/services/planning/Noticeofap.asp, Thanks! Rpsa1nda Ibarra Planning Specialist ribarra@ci.yakima wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575-6183 f: (509) 575-6105 DOC. INDEX # G_a_ 5/18/2009 NOTICE OF APPLICATIEI N, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING P ATE: May 18, 2009 TO: Applicant, Adjoining Property Owners, SEPA Reviewing Agencies FROM: William Cook, CED Director APPLICANT: Toscanna LLC SUBJECT: Notice of Planned Development, Preliminary Long Plat, and SEPA Environmental Review File Number(s): PD #001-09; PLP #001-09; SEPA #020-09 Tax Parcel Number: 181315-31011 Date of Application: May 11, 2009 Date of Application Completeness: May 14, 2009 PROJECT DESCRIPTION The proposal is for a residential planned development, a preliminary long plat to create 66 common -wall lots (plus common area tract), and SEPA environmental review. The proposed development will be gated and contain private streets. Common -wall dwelling units are Class (1) uses in the R-2 zoning district. The subject property is in the vicinity of Castlevale Road and Seattle Slew Run. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 197-11- 800 Categorical Exemptions (1) Minor new construction — Flexible thresholds as this action involves the construction of more than 20 dwelling units in the R-2 zoning district. Thus, an environmental review is required. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non- Significance (MDNS) on this project. The optional WAC 197-11-355 process is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. This ay be your only: opportunity to comment on the enviironmental impacts of this proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 1 DOC. INDEX 2. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, the UIC wells must be registered with the Department of Ecology (DOE). 3. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 4. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. 5. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street connect to the existing waterline in Castlevale Rd. and in Kern Way. 6. All public utility lines on private property shall be located in a minimum 16 -foot easement. 7. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 8. Kem Road shall be maintained at a minimum of twenty -feet of paved surface. 9. The proposed private streets shall be built to standards approved by the City Engineer. 10. Five-foot sidewalks and streetlights shall be installed along the Castlevale frontage. 11. Sewer extension shall be consistent with YMC § 12.03.020. 12. Parking and street lighting shall adhere to the standards of YMC § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. 13. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays. Required Permits: The following local, state and federal permits/approvals are needed for the proposed project: Building Permit, Grading Permit, Dust Control Plan and New Source Review (Yakima Clean Air Authority). Additional permits may be required. Required Studies: Traffic Concurrency Review Existing Environmental Documents: Soil stability letter from Brad Card, PLSA (8/14/08); Soil toxins letter from Brad Card, PLSA (8/26/08); Acoustical Evaluation from Elki M. Lahav, A Acoustics (4/20/09); Traffic Impact Analysis from Gregary B. Heath, Heath and Associates, INC. (5/4/09). Preliminary determination of the development regulations that will be used for project mitigation and consiste cy: International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan, and City of Yakima Title 12 Development Standards. Request for Written Comments: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 20 -day Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 2 DOC. INDEX # _a • • comment period for this review. All written comments received by June 8, 2009 will be considered prior to issuing the final determination on this application. Please be sure to reference the file number(s) (PD #001-09; PLP #001-09; SEPA #020-09) or applicant's name (Toscanna LLC) in your correspondence. Please send written comments to: William Cook, CED Director City of Yakima, Department of Community & Economic Development 129 North 2nd Street, Yakima, Washington 98901 NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. There will be a 14 -day SEPA appeal period effective upon the date of mailing. NOTICE OF PUBLIC HEARING This project requires that the Hearing Examiner hold a public hearing. This public hearing has been tentatively scheduled for July 9, 2009 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his recommendation within ten (10) business days. Following receipt of the Hearing Examiner's recommendation, a date will be set for a Closed Record Hearing before City Council. If you have any question on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575-6162 or e-mail at jcalhoun@ci.yakima.wa.us. The complete file is available to review at City Hall. Encl.: Written Narrative for Planned Development (Draft Development Agreement), SEPA Environmental Checklist, Site Plan/Preliminary Plat, Vicinity Map and Mailing Map Toscanna LLC Notice of Application, Environmental Review, and Public Hearing 3 DOC. INDEX # a_ 9_, DEPARTMF"'T OF COMMUNITY AND ECONOMIC DFS 'ELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 Fax (5,09) 575-6105 0 www.ci.yakima.wa.us May 14, 2009 Toscanna Development Attn: Keith Basham 12419 172nd Street East, #103 Puyallup, WA 98374 Determination of Application Completeness for a Preliminary Long Plat, Planned Development and SEPA Environmental Review. PD #001-09; PLP #001-09; SEPA #020-09 Your application was submitted on May 11, 2009. This application has been determined to be complete as of May 14, 2009. Continued processing of your request will include, but is not limited to, the following actions: 1. A Notice of Application will be sent to property owners within 500 feet of the site. A 20 -day comment period is provided by the City of Yakima for public comments. 2. Following the comment period, a SEPA Threshold determination will be issued and followed by a 14 day SEPA appeal period. 3. An open record public hearing is tentatively scheduled for July 9, 2009. The Hearing Examiner will render his recommendation within 10 business days of the hearing date. The decision will be followed by a 14 -day appeal period. . 4. Upon receipt of the Hearing Examiner's recommendation, a date for a Closed Record Public Hearing will be set for City Council consideration. You may contact me at (509) 575-6162 if you have any questions regarding this matter. Very truly urs, 7 ose4Sh Calhoun Assistant Planner cc: Envizage Development Group, Dave Sjule Paul Casey, The Casey Group Rick Wehr, PLSA DOC. INDEX • 0 Aim 1994 • TOSCANNA LLC / ENYIZAGE DEYELO l ENT GROUP PD#001-09, PLP#00I-09, SEPA#020-09 E IT LIST CHA; 'TER H Suppleme i tal Information SiiS. .'3 ` n a, x4Y'-�.-, .�k'„ "4fl r �'�D6,�CJ1f1]L� T' '+ 'r�-Fh. -#y `' A�`Y'.= A+ 4,[x '' j,RY ,3...K+ y�"v�ii �i �..� yv 'h �®( }}y�''./7��� H-1 Letter from Rick Wehr, PLSA, requesting variation to standard residential roadway section. 05/08/2009 H-2 APPENDIX D — SEPA Acoustical Report 05/11/2009 H-3 APPENDIX C — Traffic Impact Analysis Report 05/11/2009 H-4 APPENDIX B — Letter from PLSA on Lead and Arsenic 05/11/2009 H-5 APPENDIX A — Letter from PLSA on Soil Stability and 2:1 slope 05/11/2009 H-6 Declaration of Covenants, Conditions, Restrictions, and Easements for Toscanna 05/12/2009 H-7 Draft - Development Agreement 05/12/2009 • DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND TOSCANNA, LLC THIS DEVELOPMENT AGREEMENT ("agreement") is -entered into between the City of Yakima, a Washington municipal corporation ("City" ): andToscanna LLC, a Washington limited liability company ("Developer"). RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. WHEREAS, the City is a first class charter city incorporated underthe 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, an WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 - 36.70B.210, YMC 14.10.040(B) and YMC'i4 10:090; and • WHEREAS, Developer has obtained development rights for a portion single parcel of approximately 22.63 acres located along Castlevale Road across from the Seattle Slew Run Intersection, Yakima, Washington (the "property"). The property is legally described in Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full; and WHEREAS, Developer is,,proposing a 66 lot subdivision and creation of a planned development with certain amenities for the property; and WiEREAS, Developer intends to take certain steps to comply with environmental and land use; requirements related to development of the property; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property Two Family Residential; and WHEREAS, the parties intend this agreement to guide the current and future uses of the property; now, therefore, Development Agreement - 1 DOC. INDEX # 11.1 RECEIVED MAY 1 2 2009 IN CONSIDERATION OF mutual benefits, the parties agree as follows: CITY OF YAKIMA® PLANNING DIV. 1. The proposed development. Developer's proposal for the property is hereby acknowledged and warranted to be for the purpose of constructing a residential subdivision and planned development. Developer specifically acknowledges and warrants that the proposal for the property is construction of not more than 66 single-family dwelling (common wall) on separate lots together with accompanying amenities. The Developer's preliminary plat/planned development application has been filed with the City. Exhibit B contains information about the application. It has been reviewed andxecommended for approval by the Yakima Urban Area Hearing Examiner to the Yakima City Council in the form of a Hearing Examiner's Recommendation dated on or about-<= , 2009, attached hereto as Exhibit C and incorporated herein by thi reference as if set forth in full. The said subdivision and planned development is referred to,herein as=the "proposed development." 2. Conditions of approval. Developer agrees toabide by the terms and conditions of approval recommended by the Hearing Examiner, including construction of all infrastructure described on the plat/planned development site plan map attached hereto as Exhibit .! and incorporated herein by this reference as.if set forth in full=.eluding as the same may be revised to conform with conditions of approval set forth in the Hearing Examiner's Recommendation. Developer agrees that the use of the property pursuant to this agreement shall be consistent with the project description identified in the Washington State Environmental Policy Act Mitigated Determination of Nonsignificance issued by the City of Yakima on 2009,°a copy of which is attached 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 approval `as`may be'identified in the MDNS, or as may otherwise be required by applicable federal,` state, and local law including but not limited to the City'sTitle 12 and all other applicable development standards, all as the same currently exist or may be hereafter amended, provided, however, that the procedures and substantive rules of theCity's Planned Development ordinances, as codified at Ch. 15.28. Yakima Municipal Code.and attached' hereto as Exhibit E and incorporated herein by this reference, shall guide and control all matters related to said ordinances and to the planned development aspect of the proposed. development until this agreement terminates as provided elsewhere herein. Developer agrees' to make future applications or submissions as may be necessary to fully implement any phased review of the proposed development and any specific project proposed therein. Developer agrees to abide by all such conditions as are identified as a part of the Developer's Open Space Management Plan attached hereto as Exhibit F and the Declaration of Covenants, Conditions, Restrictions and Easements for Toscanna attached hereto as Exhibit G. Both incorporated herein by this reference as if set forth in full. 3. Appeals. In the event that any of the permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval, are or may be appealed, then in that event the City's Development Agreement - 2 DOC. INDEX # N_? obligations under this agreement, and under the above -referenced development entitlements, shall be suspended, and may be terminated in whole or in part to the extent that the City reasonably believes necessary to maintain consistency between this agreement (and/or the above -referenced development entitlements) and the conclusion of any appellate proceedings associated with the proposed development. Developer agrees not to appeal any of the previously required permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval. 4. Default/Notice. No party shall be in default under this agreement unless it has failed to perform as required for a period of 30 days after written notice of default to the other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. The party not in:.default underfthis agreement shall have all rights and remedies provided by law or equity, including without limitation, damages, specific performance or writs to compel;; performance or require action consistent , with this agreement. CFI VED 5. No third party beneficiary. This agreement is madeand entered into for the sole 114AY 1 2 2009 protection and benefit of the parties heroto and their successors and assigns. No other &:, r person shall have any right of action based upon any provisionof this agreement. i'i.A ilG nth A 6. Third party legal challenge. In the event any.legal,,action orr'special proceeding is commenced against the City by any person or entity other than a party to this agreement to challenge this agreement or•anyprovision herein, including -any of the permits, approvals, or entitlements associated with thus agreement, theCity 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 reasonableattorrieys'fees and expenses of litigation and damages awarded to the prevailing party or parties in such litigation The Developer shall not settle any such tendered lawsuit without the consent of the City, which consent shall not be unreasonably withheld. 7. Term. This.; agreement shall continue in force for a period of thirty-five (35) years unless extended or terminated as provided herein or when the property has been fully developed, whichever first occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole reasonable discretion of the City. Provided, however, that termination of this agreement shall not affect any of Developer's obligations to comply with the Yakima Urban Area Comprehensive Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements approved with respect to the property or proposed development. Termination of this agreement shall not affect any of Developer's obligations herein which expressly or by implication are to continue after the termination of this agreement; notwithstanding the generality of the foregoing, the parties expressly agree and covenant that the streets within the proposed development shall be required to be private and shall never be accepted by the City of Yakima as public streets. Development Agreement - 3 DOC INDEX # _1 , %0..s `AP RV D V Com ms MAY 1. 2 2009 CITY OF YAKlivi,- PLANNING DIV. 8. City's reservation of rights. The parties intend this agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170. Provided, however, that this agreement shall be construed to exclude from the scope of this agreement and to reserve to the City the authority which is prohibited by law from being subject to the mutual agreement with consideration of parties acting under Ch. 36.70B RCW. Without limitation, this shall include the right of the City to impose new or different conditions on the property to the extent required by a serious threat to public health and safety. Developer acknowledges that any phased approach to developing the proposed development contemplates and requires the exercise of further discretionary powers by the City. These powers__ include, but are not limited to, review of additional permit applications under SEPA andother applicable law. Nothing in this agreement shall be construed to limit theauthority or -the obligation of the City to hold legally required public hearings, or to linut'the :discretion Oft* City or any of its officials or officers in complying with or applying applicable law during review of specific project proposals or other subsequent phases of the proposed development. 9. Developer's warranties and representations. Developer represents and warrants to City that Developer has a property interest in the property, and that the covenants and obligations of Developer in this agreement and in the permits, approvals, and entitlements associated with this agreement and the proposed development do not violate or constitute a default under or breach of any agreement between<Developer and`any third party by which Developer is bound. Developer represents and warrants<to City that Developer is fully authorized to enter into and perform its obligations under this agreement. Developer represents and warrants to City`that there is neither pending nor, to the knowledge of Developer, any threatened legal action, arbitration or administrative hearing before any governmental authority to which Developer is a party and which could enjoin or restrict Developer's right or ability to perform its oblgations under this agreement. 10. 1VIodification of anapprovednaaster planned development overlay. Modifications to the'=adopted master development plan and/or development agreement may be requested from time to,.time. Minor modifications will undergo Type (1) review as defined in YMC Chapter 15.13. The administrative official shall review modifcations to adopted master development plan and/or development agreement as a minor modification if it has been determined that: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses; 4. The amendment does not materially change parking or traffic circulation within the development; Development Agreement - 4 DOC. INDEX "AY 2 2009 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; of YAKIMA 6. The amendment does not materially impact the overall design of the approved PLANNING Div master plan; and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. Major modifications will undergo Type (3) review as definedn YMC Chapter 15.15 and shall be referred to the hearing examiner in accordance with ',MC 15.15.040. A "major modification" shall be any modification to an approved master; development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove: The following criteria are established,__to assist this determination: 11. Vesting: The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement is recorded, inclusive of specific conditions and standards set forth in said Development Agreement. The vesting peri development agreement and shall be agreed shall be for the "-Term" ,as stated in the on hy the parties to the Development Agreement after giving consideration to the,,extent andreomplexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance withthe terms and conditions of approval described in the Development Agreement. Vesting -of rights also include reservation of traffic capacity on public streets and roadways and capacity in public facilities such as sewer and water for a period of five (5) years. 12. Severability. If any provisionsiaf this agreement are determined to be unenforceable or invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then the remainder of this agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full=force and effect. 13. Agreement to be recorded. This agreement may be modified only by written agreement of the parties hereto. This agreement or a memorandum thereof shall be recorded against the property as a covenant with the land which touches and concerns the property and shall be binding upon the City and Developer, their heirs, successors and assigns, and all future owners of the property. Developer shall be responsible for the costs of recording. 14. Agreement approval. This agreement may only become effective upon, execution by the City of Yakima following adoption of a resolution approving the same following a public hearing in compliance with Ch. 36.70B RCW. Development Agreement - 5 DOC. INDEX # 4_7 15. Entire agreement. This agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. AGREEMENT DATED this day of , 2009. CITY OF YAKIMA TOSCANNA, LLC, a Washington limited liability company By: By: Richard A. Zais, Jr. Name: City Manager Title ATTEST: Deborah Moore • City Clerk STATE OF WASHINGTON ) ss. 0 RECEIVED MAY 2 2009 CITY OF YAKfilvi PLANNING DIV. I certify__ that I know; or haver satisfactory evidence that Richard A. Zais, Jr., personally;appeared before mxe signed this"instrument, on oath stated that he was authorized to execute the instrument;and acknowledged it as the City Manager of the City of Yakima, to be -the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED:, , 2009. Development Agreement - 6 Notary Public Residing at Commission expires: DOC. INDEX # 14-7 • • • STATE OF WASHINGTON ) ) ss. County of Yakima ) RECEIVED MAY 1 2 2009 CITY OF YAKIivim PLANNING DIV. I certify that I know or have satisfactory evidence that personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Teammates, LLC, to be the free and voluntary act of such party for the uses and=_ purposes mentioned in the instrument. DATED: , 2008. No Residing at Commission expires: Development Agreement - 7 DOC. INDEX # /-1 _-7 After Recording Return to: RECEIVED MAY 1 2 2009 o CITY OF YAKIMA PLANNING DIV. DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR TOSCANNA LEGAL DESCRIPTION A Portion of: (Note: New legal for R2 portion is needed after plat prepare THAT PORTION OF THE NORTH HALF OF THE.>kNORTH HALF OFk THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., LYING SOUTHERLY AND EASTERLY OF.THE RIGHT`'OFeWAY OF THE YAKIMA VALLEY CANAL COMPANY; AND THAT PORTION OF THE SOUTHWEST QUARTERwQF THE NORTHEAST QUARTER OF THE SOUTHWEST QURRTER, AND THESOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOJTiWEST QUARTER. LYING EASTERLY OF hT,. THE RIGHT OF WAY OF THE YAKIMA= VALI)EY . CANAL COMPANY AND NORTHERLY OF A LINE BEGINNING AT A PO1NTON ,THEEAST LINE OF SAID SOUTHWEST QUARTER` OF THE NORTHEASTQURTER OF THE SOUTHWEST QUARTER, 659.90 FEET SOUTH OF THOORTHEAST CORNER THEREOF; THENCE NORTH 8 6 -- D4 0 ' 0 0 "= WEST 1,1'1 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LI; 7E OF SAIDA CANAL; EXCEPT THAT PORTION, LY IN Ge,NORTHEASTERLY OF THE FOLLOWING DESCRIBED. BEGINNING 'AT THEA SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF' SAID SOUTHWEST QUARTER; THENCE SOUTH 89%%D59'18" EAST ALONG THE_ }� H SOUTLINE THEREOF 658.19 FEET TO THE �}S f 4» xf. 4�y SOUTHEASTCORNER OFL.THE NORTHEAST QUARTER OF THE NORTHEAST QUARTEROF.THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE S..�rJ SOUTH 89%%D58.'52" EAST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF -OF THE SOUTHEAST QUARTER OF SAID SECTION 15 A DISTANCE OF 69°':V774 FEET TO THE WESTERLY RIGHT OF WAY OF NORTH 40TH AVENUE, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A. RADIUS OF 1050:00 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A CENTRAL ANGLE OF 0%%D09'48", AN ARC LENGTH 2.99 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 02%%D21'39" EAST TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89%%D58'52" WEST 304.46 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF 225.00 FEET; THENCE NORTHWESTERLY ALONG SAID. CURVE CONSUMING A CENTRAL ANGLE OF 64%%D37'09" AN ARC LENGTH OF 253.76 FEET; Declaration of Covenants, Conditions and Restrictions Toscanna Page 1 DOC. INDEX # N_& • • • Ilt CEIVEj AY 2 2009 THENCE NORTH 25%%D21'42" WEST 466.72 FEET TO THE POINT OF cillY NOF Y D MA PLAICURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 33%%D00'26" AN ARC LENGTH OF 86.41 FEET TO THE YAKIMA VALLEY CANAL COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE. THIS DECLARATION is made this day of. , 2009 by the undersigned who are hereinafter referred to as Declarant. I. BACKGROUND 1. Toscanna, LLC, is the owner of certain property in Yakima County, Washington and particularly described as Lots 1-66 of the Plat of under Yakima County Recording No. 2. Declarant intends to create on that property a residential.commun ty known as Toscanna with permanently maintained common areas and easements for of the owners. 3. Declarant intends to complete construction in four phases: Phase .1 will include. (18 lots), Phase 2 will include (26 lots), Phase 3 will include (8lots), and Pliase-4 will include (14 lots) for a total of 66 lots. 4. Declarant desires to preserve and enhance the property values, amenities and opportunities in the above described residential community and tofprovide for health, safety, and welfare of residents, and to this 'end, desires to subject the property described above, together with such additions as may be made to.: -the property to the covenants, restrictions, common areas, easements, charges, and liens set forth m this Declaration, each and all of which are for the benefit of the property and each owner. 5. Declarant has incorporatedToscanna Homeowners Association to provide a means for meeting tbe purposes and intents set forth in this Declaration. 6. This Declaration of Covenants, Conditions and Restrictions is created and filed pursuant to the laws of the Sate of Washington. II. DECLARATION 1. Declarant declares that the property as described above shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, common areas, easements, charges and liens set forth in this Declaration, together with such other property as may be subsequently added in the future. 2. Further, Declarant delegates and assigns to Toscanna Homeowners Association the power of maintaining, administering and enforcing the covenants and restrictions, collecting and Declaration of Covenants, Conditions and Restrictions Toscanna Page 2 DOC. INDEX _� disbursing the assessments and charges created in this Declaration, and promoting the health, safety, and welfare of the residents. 3. The streets, related appurtenances and other common areas are private improvements andCE,VE® not meet the standards to ever be accepted into the City of Yakima public street system. MAY 2 2009 III. DEFINITIONS wi t v OF YAKIM A PLANNING DIV. It is the Declarant's intent to define key terms in a manner identical to%or consistent with the terms used in Washington Law. When used in this Declaration, eaclof the following terms shall have the meaning indicated unless the context clearly requires otherwiIn the event of any conflict, inconsistency or incongruity between the following dse.efinitions and those set forth in the Washington Law, the latter shall in all instances govem and: control. 1. "ACC" shall mean the Architectural Control Committee as described in this Declaration. 2. "Area of Common Responsibility" shall mean and referto; all land and improvements within the Property, including the Common Areas, which are the‘`responsibility of the Association to maintain, repair and replace. 3. "Area of Personal Responsibility" shall meanandrefer to all land ad improvements within the Property which are the responsibility of the Owners to maintain,' repair and replace. 4. "Areas reserved to Declarant" The Declarant_. does hereby preserve unto itself and convey to the Association a perpetual, non exclusive easement, if necessary, for the placement and maintenance of any entry and signage monumentationand lighting, for all utilities necessary incident to the same, over and across portions of the property which are actively constructed upon concerning any entry orsignage monumentation if constructed by the Declarant. Said easement shall authorizethose benefited by the -terms thereof to enter onto and across said property at all reasonable tunes in order to effectuate the terms of the above grant and reservation. 5. "Assessment" shall mean and refer to a charge, cost or fee, including Base, Special and Specific Fees. 6. "Association" shall mean Toscanna Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 7. "Board" or "Board of Directors" shall mean the duly elected and qualified Board of Directors of the Association. 8. "Builder" shall be any entity which purchases multiple lots from the Declarant for the purpose of constructing residences thereon. At any time as such party has sold or conveyed all of the lots held by that entity, then that party shall no longer be considered a `Builder" or Declarant. Declaration of Covenants, Conditions and Restrictions Toscanna Page 3 DOC. INDEX Builders are subject to all covenants in the same manner as an Owner is subject to this Declaration. RECEIVED Eft'' 2 2009 tiF Y�1�JiA PLANNING UV 9. "Bylaws" shall mean and refer to the Bylaws of the Association; a copy of which are attached to this Declaration as Exhibit "" and incorporated herein by this reference. 10. "Common Areas" shall mean all of the real property and improvements which may be owned or leased by the Association, all easements which are defined as common areas as more particularly set forth in this Declaration, or real property owned jointly by all lot owners or for the common use and enjoyment of the lot owners including but not limited to access roads and easements. 11. "Declarant" shall initially refer to Toscanna, LLC. "Declarant" shall also refer to any individual or entity to whom the Declarant assigns its rights as Declarant under the terms and provisions of the Declaration. 12. "Developer" shall mean and refer to Toscanna, LLC,a Washington limited liability company and its successors and assigns. 13. "Development Period" shall mean the -period of time from the, date of recording of this Declaration until 180 days after the date Upon*hich 100% of the Lots have been sold by the Declarant or any shorter period, as determined'by fihe Declarant. A`'partial delegation of authority by the Declarant of any of the management duties described in this-- ,Declaration shall not terminate the development period. 14. "Dwelling" shall mean and refer to a residential dwelling or living unit. For purposes of this document, a Dwelling"shall come into existence when substantially completed or upon the issuance of a certificate of occupancy by the appropriate governmental agency. 15. "Federal.Mortgage Agencies" shall mean those federal agencies which have an interest in any lot orlots, or common areas, such as the Federal Housing Administration (FHA), the Veterans Administration (VA), the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation, or their successors to their interest. 16. "First Mortgagee" shall mean a lender who holds the first mortgage or deed of trust on a lot and who has notifiedthe Association in writing of his holdings. 17. "Lot" shall mean Lots 1 through 66 of the plat of Toscanna as recorded in the office of the Yakima County Auditor's. 18. "Majority" shall mean and refer to those eligible votes of Owners totaling more than fifty (50%) percent of the total eligible votes. 19. "Manager" shall mean and refer to the person or entity appointed or hired to manage and operate the Property. Declaration of Covenants, Conditions and Restrictions Toscanna Page 4 DOC. INDEX H,� 20. "Member" shall mean a member of the Homeowners Association by virtue of lot ownership. 21. "Mortgage" shall include, except where stated to the contrary herein, a mortgage, deed of trust, real estate contract, or other security instrument. 22, "Occupant" shall mean and refer to any Person who is otherwise legally entitled to occupy and use any Building or Improvement on a Lot whether or not such right is exercised, including their heirs, personal representatives, successors and assigns. 23. "Office of the County Recorder" shall mean and refer to the Officeof the County Clerk of Yakima County, Washington. 24. "Owner" shall mean every person or entity, including Declarant or Butlder(s), which is a record owner of the fee simple title to any lot, or if any lot is;sold under real estate contract, the vendee or vendees under that contract; provided however, that the term "Owner":.;shall not include those having such interest merely as security for the performance of an obligation. 25. "Property or Community" small mean the entire real property developments subject to this Declaration. 26. "Use Restrictions" shall mean and referto_ the rules and use restrictions set forth in this Declaration as they may be modified, amended,' repealed, concealed, limited, withdrawn or expanded. 27. "Toscanna, LLC," a Developer or Declarant. on limited liability company, shall mean and refer to the RECEIVED MAY 1 2 2009 IV. MANAGE NT OF COMMON AREAS ENFORCEMENT OF DECLARATION CITY OF YAKlitg.4 PLANNING DIV Section One: Development Period. Duri the development period the Declarant shall appoint the board of directors of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as -:'the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all Lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. Section Two: Purpose of Development Period. The Declarant's control of the Association during the Development Period is established in order to ensure that the real property and the Association will be adequately administered in the initial phases of development, to ensure an orderly transition of Association operations, and to facilitate the completion of construction of housing units. Declaration of Covenants, Conditions and Restrictions Toscanna Page 5 DOC. INDEX # - • • 1114Y 2 C/7),2009 Section Three: Authority of Association After Development Period At the expiration of the tz Div 4 Development Period, the Association shall have the authority and obligation to manage and administer the common areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this Declaration. Section Four: Delegation of Authority. The Board of Directors or Declarant may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board or the Declarant shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power -or function by the Board of Directors or the Declarant Section Five: Termination of Development. Upon termination of the Development Period, the Declarant, in accordance with the Bylaws, shall conduct an election of a board of directors who shall then act in accordance with the terms and provisions of the Articles of Incorporation, Bylaws and this Declaration. However, in the alternative, not Tess than ten (10), not. more than thirty (30), days prior to the termination of the development period, the Declarant who then constitutes the board, may give written notice of termination'of he development period to the owner of each Lot. Said notice shall specify the. date when the developrnent period will terminate and that at such time, a meeting of the Members shallbe called in accordance with the Bylaws. Members shall then elect directors in accordance with the terms and provisions of the Articles of Incorporation, Bylaws and this Declaration V. MEMBERSHIP Every person or„entity who s`an Owner of any Lot'agrees to be a Member of the Association by acceptance of a deed for such Lot Membership may not be separated from ownership of any Lot. All Mernlers shall have rights and as specified in this Declaration, and in the Articles and Bylawsofthe Association . VI. VOTING RIGHTS Members shall be en titled to -one vote for each lot owned. No more than one vote shall be cast with respect to any Lot;The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mail, facsimile or electronic transmission. Policy on Electronic Notice and Voting. (a) Definitions. In addition to their natural, commonly accepted defmitions, and to supplement definitions and usage as they may appear throughout this Declaration, the Articles of Incorporation and the bylaws, the Association adopts the following definitions: Declaration of Covenants, Conditions and Restrictions Toscana Page 6 DOC. INDEX -Co HECEIVEID MAY 1 2 2009 CI f Y OF YA PLANNING (i) "Deliver" includes electronic transmission, in accordance with the Owner's consent for purposes of delivering a demand, consent, vote, notice, or waiver to the Association or one of its Officers, Directors, or Owners. (ii) "Electronic transmission" meansan electronic communication (a) not directly involving the physical transfer of a record in a tangible medium and (b) that may be retained, retrieved, and reviewed by the sender and the recipient thereof, and that may be directly reproduced in a tangible medium by a sender and recipient. (iii) "Electronically transmitted" means tYe= %n itiation of an electronic transmission. (iv) "Execute", "executes", or "executed" includes, . th respect to an electronic transmission, electronically transmitted along With sufficient information to determine the sender's identity. (v) "Record" means information'inscribed on a tangible medium or contained in an electronic -transmission. (vi) "Tangible medium" =means: a writing, copy of a writing, facsimile, or a physical reproduction, on paper or oil other tangible material. (b) Notice, Owner Consent. Notice to Owners in .an electronic transmission that otherwise 4 complies with the requirements of this Policy is effective only with respect to Owners who;have consented .either in writing or by electronic transmission to eceave,electromcally transmitted notices. An Owner who provides consent, in the form of a record, to receipt of electronically transmitted notices shall designate in the consent the message format accessible to the recipient, and the addressaocation, or system to which these notices may be electronically transmitted. B. An Owner who has consented to receipt of electronically transmitted notices may revoke the consent by delivering a revocation to the Association in the form of a record. C. The consent of any Owner is revoked if the Association is unable to electronically transmit two consecutive notices given by the Association in accordance with the consent, and this inability becomes known to the secretary of the Association or other person responsible for giving the notice. The inadvertent failure by the Association to treat this inability as a revocation does not invalidate any Declaration of Covenants, Conditions and Restrictions Toscanna Page 7 DOC. INDEX ft 14-j ®avcc...e=e7 A!'.AY .1 2 2009 or Y OF YAKIMA meeting or other action. PLANNING DIV. (ii) Notice to Owners who have consented to receipt of electronically transmitted notices may be provided by posting the notice on an electronic network and delivering to the Owner a separate record of the posting, together with comprehensible instructions regarding how to obtain access to this posting on the electronic network. (iii) Notice provided in an electronic transmission is effective when it: (a) is electronically transmitted to an address, locatiorypr system designated by the recipient for that purpose, and is made pursuant to the consent provided by the recipient; or (b) has been posted on an electronic network and a separate record of the posting has been delivered to the recipient together with comprehensible instructions regarding how to obtain access -oto the 'posting on the electronic network. (c) Notice of Owners' Meetings:„Notice in an electronic transmission, stating the place, day, and hour of the annual meeting. and, am case of a special., meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than fourteen (14) nor more than sixty days (60) before the, date of the meeting, by or at the direction of the President, or the Secretary, or the Officers or persons calling the meeting, to each Owner entitled to vote at such,meeting. (d) Owner Voting. (i) An Owner may vote by electronic transmission. e ` Association mayconduct an election by electronic transmission if the Association has ,designated an address, location, or system to which the ballot may be electronically transmitted and the ballot is electronically transmitted to the _designated' -address, location, or system, in an executed electronically transmitted record. )wners; `voting by electronic transmission are present for all "purposes of quorum, count of votes, and percentages of total voting power present. ,) Whenever Directors or proposals are to be elected by Owners, the vote may taken by electronic transmission if the name of each candidate and the text of each proposal to be voted upon are set forth in a record accompanying or contained in the notice of meeting. The electronically transmitted solicitation for votes shall indicate the number of responses needed to meet the quorum requirements, state the percentage of affirmative votes required to approve each matter, and, specify the date and time by which vote must be received by the Association to be counted. An electronically transmitted vote may be revoked by an Owner at any time before the response deadline. Declaration of Covenants, Conditions and Restrictions Toscanna Page 8 DOC. INDEX (e) Owner Proxies. ECEIVED MAY 1 2 20 CITY OF YAKIM PLANNING DIV. (i) A Owner may appoint a proxy by electronic transmission. (ii) An appointment of a proxy by electronic transmission is effective when it is received by the Officer or Agent of the Association authorized to tabulate votes. (iii) Acceptable. forms of transmission of an.authonzation to act for the Owner as proxy include: A. Recorded telephone calls; B. Voice mail; C. Other electronic.: transmissions. (iv) An Officer or Agent of the Association or a person •acting in the capacity of an inspector of election ("Inspector" )' must verify that the Owner authorized the transmission. To verify Owner :authorization: A. the `transmission must contain or be accompanied by information, including any security or validation controls, from which it can be reasonably determined by the Inspector that the transmission is authorized by the Owner; B the Inspector shall specify the information the Inspector :relied on in determining that a transmission was valid; and C. The holder of a proxy received by transmission shall provide the Association a copy of the transmission. (v) The Associationshall retain a copy of the transmission for sixty (60) days following ,the announcement of a vote. VII. COMMON AREAS The following described tracts;and easements are herein defined as common areas and are further described on the firiat site plan as approved by the City of Yakima: Entrance, monument and operable gates Castelvale lighting and landscaping Clubhouse (if constructed) Streets and walkways Road frontage improvements including street and walkway maintenance Irrigation system Utilities in common areas (storm drainage) Community mailboxes Community yards Declaration of Covenants, Conditions and Restrictions Toscanna Page 9 Doc. INDEX # H • All perimeter fencing The Declarant will supply separate rules for Clubhouse and park areas RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. 1. Entrance, Monument and Gates. In the event the same have been constructed by the Declarant, any entrance/monument areas/ gates shall be maintained for the benefit of all lot owners by the Association. 2. Easement. On each lot an easement is reserved over and upon a ten foot strip of land for purposes of utility installation and maintenance including but not limited to power, telephone, water, sewer, storm drainage, gas, cable television, together with::the,right for the Association or any utility entity to enter upon the lot at all times for such purposes. The easement on the strips of land on the side boundary and back boundary of lots shall helimited to drainage and access and to utilities that benefit only the lots within the plat and that no utility lines may be put in those strips of land on the side and back of lots whichbenefit property other than.lots within the plat. In addition there shall be other utility easements* shown:on the Plat as well as any other recorded utility easements for the benefit of any governmental agencies or utility entities. Within such strips as identified above, no structure, planting, or other materials shall be placed or permitted to remain which may damage or interfere with thenstallation and maintenance of said utilities which may change, obstruct, or retard the flow of water through any drainage channels. Such easement areas and all improvements thereon shall be maintained by the owner of the lots except as to utility improvements located therein which are the responsibility of the utility entity owning, installing, or being responsible for such improvements 3. Owner's Easements of Enjoyment. Each Owner shall havethe benefit of the "Common Areas" which shall be appurtenant to and shall pass with the title to every lot subject to the following provisions: (a) The right of the Association to' adoptxeasonable rules governing the use of the Cornnon Areas and the;personal conduct of persons authorized to use said areas, and to establish" appropriate ;penalties for the violation of those rules. e right of the Association to dedicate or transfer all or any part of the common areas: to any public agency, authority or utility for the purpose for which said Corrrron Areas were constructed and reserved. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer approved by two-thirds (2/3) of the members has been recorded. However, the board shall have the authority torant easement rights to municipal corporations or utility companies across common areas or portions thereof without first requiring approval or agreement of the Members of the Association as set forth herein. (c) The right of the Association to charge reasonable fees for the improvement, repair, or maintenance of improvements situated upon the common areas. (d) The right of the Association to suspend voting rights and the right to the use of Common Areas by any owner for any period during which an assessment against this Declaration of Covenants, Conditions and Restrictions Toscanna Page 10 DOC.. INDEX lot remains unpaid or for a period during which an infraction of published rules and regulations against this lot remains non-compliant and not to exceed sixty (60) days after an infraction is brought into compliance. 4. Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Areas and facilities to the members of his family, his tenants, or his guest, subject to the limitations set forth above and in the Bylaws and House Rules. 5. Association to Maintain. The Association shall maintain and pay the ;actual cost of maintenance from assessments as provided for herein, the following:,; A. The private roads and walkways for purposes of ingress, egress and utilities described as storm water management system of the';property • B. Landscaping to include Castlevale Road frontage, community yards, street R.O.W and entrance areas, ruteevE MAY C. The storm water drainage facilities and system;, . 2 2409 CITy DF D. Landscaping and any improvements situated thereon, on the Common Areas o y AivAn easements for the benefit of all lot owners such as the nonum ent/entrance area, the D Div irrigation or sprinkling systems serving the_common areas as constructed by the Declarant, the mailbox designated area, the_entrance monument, and gates, and any street lighting, sidewalks, curbs, park amenities, -mailboxes, parking areas and gutters or similar facilities constructed by the Declarant E. All pernneter fencing constructed by the Declarant as well as any fencing constructed by the Declarant _around:wetland buffer €mets as required by governmental regulations. F. ` The front, side and back yards of each lot after a residence have been constructed thereon. G. The; cost of the maintenance of the storm water facilities and implementation of a pollution source control plan, if adopted, together with compliance of any storm water prevention:management practices, which agreement and plan may be entered into between the Declarant and any appropriate regulatory agency having jurisdiction. H. Any other expense which shall be designated as a common expense in the Declaration or which shall be designated as a homeowners expense as a requirement for plat approval or may be designated as a common expense from time to time by the Association. The Association shall maintain and pay the actual costs of maintenance from assessments as provided for herein including the cost of all utilities, including electrical and water which are serving and maintaining the Common Areas. The Association shall also maintain liability and Declaration of Covenants, Conditions and Restrictions Toscanna Page 11 DOC. INDEX • 1`-'1--411 2 2009 w� 1 OF YAKIMA kANNIA1,3 casualty insurance in such amounts as may be determined by the Homeowners Association and the cost of said insurance shall be paid from the assessments as provided for herein. The Association shall repair any damage to the individual lots resulting from defects in the Common Areas. The Association shall also have the right to employ such managers or management companies as is necessary in order to assist the Association and the discharge of its duties and responsibilities under this Declaration and administering the affairs of the Association. Common expenses are those expenses which shall be considered expenses which are incurred on behalf of or for the benefit of lot owners, including but not limited to those specifically described as set forth in this Declaration and all expenses in connection with the adrriinistration of the Association and enforcement of the terms and provisions of this Declaration. Common expenses shall also include the cost of liability and casualty insurance in whatever-, amount is reasonable and appropriate as determined by the board. Common expenses shall alsoinclude all the costs associated with the obligations of the Association as set forth in'this Declaration and the responsibility of the collection and payment of the common expenses shall 66 determined, administered, and adjusted by the Association Boardof Directors. 6. Delegation to Manager. The Board of Directors may delegate any of its managerial duties, powers or functions to any person, firm or corporation, provided that any management agreement for the project shall be terminable by the Association: for a cause upon 30 days written notice, and the term of any such agreement may -not exceed one year renewable except after Board review and by agreement of the parties for successive one Y'64f periods. The members of the Board of Directors shall not be liable for any omission or unproper exercise by the manager of any duty, power or function so delegated by written mstruneit executed by a majority of the Board of Directors. 7. Extraordinary Use Expenses In the event that one or more lot owners should by their use of the common areas cause it tobe subjected to other than reasonable wear and tear or by their actions damage; those_ common areas or any improvements located thereon or therein, the individual subjecting the common area to such se shall have the obligation to repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action arid: -41 --expenses therefore shall be paid by such individual. 8. Street Repair;:, Maintenance and Cleaning. All Builders or Owners shall use due diligence to avoid placing unnecessary dirt,debris, and any other material washing onto or depositing on the streets as a result of any construction activities and each Builder or Owner shall at all times remain responsible forrkeeping the streets clean of any such debris, dirt and material. In addition, all Builders or Ownerssliall use due diligence to avoid causing any damage to the street or sidewalks. All streets and sidewalks and other improvements constructed by the Declarant as a condition for obtaining plat approval shall remain in the same condition as they were as of the date of final plat approval. Any Builder or Owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Declaration. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Builder or Owner to secure payment of said reimbursement. In the event it cannot be determined which Builder or Owner was responsible for Declaration of Covenants, Conditions and Restrictions Toscanna Page 12 DOC. INDEX ''-'jVt MAY 1 2 2009 Y OF mill the violation of the above referenced provisions, the Homeowners Association shall reimbNING the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph can only be amended by Declarant during the Development Period. 9. Maintenance of Storm Drain System. All Builders or Owners shall use due diligence to avoid materials from washing into or being put into the storm water drain system as a result of construction activities conducted by the Builder or Owner which would include any sediment, cement slurry, or any other material washing off of or coming off of any lot upon which a Builder or Owner is constructing a residence or engaging in other construction activities. In the event any Builder or Owner is in violation of the terms and provisions. of this paragraph, this Builder or Owner shall agree to pay a maintenance charge to the Declarant in an amount to be determined by the Declarant but not to exceed $500.00 for each such violation by a Builder or Owner. In addition, each Builder or Owner agrees to indemnify'the Declarantfrom any costs or charges which the Declarant may incur in connection With the cleaning and maintenance of the storm water system as a result of any violation of this-, paragraph by such Builderor.Owner and that this liability on the part of the Builder or Owner shall be point and several. Any Builder or Owner who violates the provisions of this paragraph shall reimburse the Declarant` upon request for any expenses incurred by Declarant because of the failure -)Of the Builder or Owner to abide by the terms and provisions of this Declaration. In the event any Builder or Owner does not pay the same upon request, then the Declarant'shall have a lien against the property of said Builder or Owner to secure payment of said reimbursement. In the event it cati nofbe determined which Builder or Owner was responsible for the violation of _the above referenced provisions, the Association shall reimburse the,Declarant for any_ expensescurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph can only be amended by the Declarant during the Development Period. 10. Street Trees. As a condition of plat approval, the -Declarant may have had to install certain trees either within the street right of wayor onlots as a condition for obtaining final plat approval. The•Horneowners Association is responsible to maintain said trees and in the event any tree is removed for any reason, the Homeowners Association shall immediately replace the tree and if necessary shall reimburse the Declarant for the cost of replacing said tree. Regardless of any other provision in this Declaration; this paragraph can only be amended by Declarant during the Development Development Period 11. Insurance. Nothing shall be done or kept in any common areas which will increase the rate of insurance on the comrnon areas or other Lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. 12. Alteration of Common Areas. Nothing shall be altered or constructed in, or removed from any common areas except upon prior written consent of the Board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements Declaration of Covenants, Conditions and Restrictions Toscanna Page 13 DOC. INDEX MAY 1 2 2009 WY NPLA!! YAKIN! are subject to the acquisition of all required permits from governmental agencies. This Sec rI G shall not limit or prohibit Declarant (no Member's consent shall be necessary), during the Development Period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of the Common Areas. 13. Dumping in Common Areas or Easements. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas or easements. The Declarant (during the Development Period) and the Board`thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. 14. Landscaping and Fencing. No permanent structures or landscaping ofany kind, including fences, walls or shrubs, may be built or placed within any right of -way easements or other easements as delineated on the plat except as deemed, appropriate by the Board :This prohibition shall not apply to the landscaping and any improvements in the;, common areas installed by the Declarant, during the Development Period, nor shall this Section prohibit the Association, after the Development Period, from installing additional improvements or landscaping within the designated common areas, nor shall this section prohibit thciistallation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered byutility easementslot otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of Lots extending to the edge of the curb or sidewalk;,-:, 15. Management. Each owner expressly covenantsthat .the Declarant, during the Development Period, and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contractssto provide for the maintenance of the common areas and any portion thereof :Any management agreement oreiployment agreement for maintenance or management maybe terminable by the Association without cause upon not more than ninety (90) days written notice thereof (However, this shall not be applicable if the agreement provides for any other ,specific ternunahon.) The term of any such agreement shall not exceed one year, but which shall be renewable annually by:the Board in its sole discretion. Each owner is bound to observe the `terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request. Any fees or salary applicable to any suchmanagement employment or service agreement shall be assessed to each owner, as part of the common expense. 16. Sanctions for Failure to Maintain. In the event that Toscanna, LLC, Home Owners Association (or successors thereof), in the judgment of Yakima County, fails to maintain drainage facilities within the plat of Toscanna, or if the Declarant or its successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage unusable, the Declarant or successors agree to the following remedy: After thirty days notice by registered mail to the Declarant or successors, the City of Yakima will assess financial sanctions (reference the pertinent ordinance) and/or initiate enforcement proceedings. In the event the County determines the lack of maintenance has resulted in the situation of imminent danger to Declaration of Covenants, Conditions and Restrictions Toscanna Page 14 DOC. INDEX life, limb, or property, Yakima County will correct the problem as necessary to restore the full design capacity of the drainage system. In this event, Yakima County will bill the Homeowners Association and/or the individual owners of the lots within the plat for all costs associated with such work to include engineering, administration, legal fees, construction, equipment and personnel. Costs or fees incurred by Yakima County, including attorney fees and expert's fees, should legal action be required to collect such payments, shall be borne by the Declarant or successors, including the Homeowners Association and/or the individual lot owners. The Declarant shall not be liable under the terms of this section arising out of any enforcement proceedings commenced subsequent to the date the Declarant has sold all lots within the plat. RECEIVE VIII. ASSESSMENTS 1. Covenants for Maintenance Assessments O MAY .l 2 2009 t,i; Y OF YAKIMA PLANNING DM 1. Each owner of a lot by acceptance of a deed therefore, whether or notrt shall be so expressed in any deed or other conveyance,; is, deemed to pay to the Association monthly or other regular assessments as set forth m this Declaration. 2. The monthly or other regular, special and specific assessments, together with interest, costs and reasonable attorney'sfees, ,shall be a charge and an; automatic and continuing lien upon the lot against which such assessment` is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. 3. Each assessment, together with interest, costs, andreasonable attorney's fees, shall be the personal=_obligation of the person who is the Owner of the lot. 4. Unless otherwise, provided for in this Declaration, no lot owned by a Builder shall be subject to any monthly or other assessments. 2. Maintenance of Storni Water Facilities and Pollution Source Control Plan. The Declarant and the city,of Yakima may have entered into'`an agreement to maintain storm water facilities and to implement *pollution source`control plan. The Association shall be responsible to comply with all the provisions of any such; agreement and plan as if it was an original signator thereto. That the Association shall have the o bligation to perform all maintenance requirements under said plan including, but notlimited' to, normal and periodic maintenance, monitoring, submitted reports to the City of Yaki a as required by the plan. In the event the Association fails to comply with the requirements of the agreement and plan as set forth above, then City of Yakima. will assess financial sanctions pursuant to and/or initiate enforcement proceedings. 3. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of the management, improvement, repair and maintenance of the common areas, the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the common areas, for the maintenance of other areas as provided for in this Declaration and any other expense approved by the Association as a common area expense. Declaration of Covenants, Conditions and Restrictions Toscanna Page 15 DOC. INDEX 1-�-(v • • R V Pin icy 1 2 2009 11 Y OF YAKIMA PLANNING DIV. 4. Working Capital Assessment. Each person purchasing a lot from the Declarant at the time of - closing in addition to paying a prorated share of any monthly assessment shall also pay a working capital charge of $200.00 which shall be paid to the Association and be used for Association purposes as set forth in this Declaration. 5. Board to fix Monthly or Regular Assessment. The Board of Directors shall fix the regular or monthly assessment at least thirty (30) days prior to the commencement of the monthly or regular assessment period. Written notice of the monthly or regular assessment shall be sent to every owner. In the event the Board fails to fix a monthly or regular assessment for any assessment period, then the assessment established for the monthly or regular assessment for the prior year shall automatically be continued until such time as the'[Board acts. The monthly or regular assessments shall be sufficient to meet the obligations' unposed by,the Declaration and any supplementary declarations, and shall be sufficient to}establish an adequate reserve fund for the maintenance, repair and replacement of common area facilities. 6. _Special Assessments. In addition to the assessments' authorizedyabove, the Association by its Board of Directors may levy, in any year, a special assessment application to pay for any unexpected repair or replacement of common area. However neither the Developer nor the Declarant shall be obligated to pay any special assessments on>its;unimproved Lots. Assessments shall be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a'licensed contractor' retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the repair or replacement of existing common area facilities, shall require the approval oftwo-thirds (2/3) of the qualified votes of the Association. 7. Specific Assessments. The Board may levy Specific Assessments against particular Lots for expenses incurred by the Association to provide 'special benefits or services (i) on request of the Owner of `a Lot, (ii) pursuant to the Association's maintenance obligations for specific Lots; (iii).1:made necessary by thewconduct of the Owner or its licensees, occupants, guests; or (iv) necessary to bring the Lot into compliance with -this Declaration, the Articles, the Bylaws or Association Rules. Specific Assessments may be levied under (iii) and (iv) above only after notice to the applicable Owners and an opportunity for a hearing. 8. Rate of Assessment. Both4nonthly or regular and special assessments shall be fixed at a uniform rate for all Ioi 9. Monthly Assessment. During the Development Period, the Declarant, and the Association after the Development Period, on or before the sale or conveyance of a lot, shall determine the initial assessment and whether it shall be paid on a monthly or some other periodic basis and said assessment shall be paid by the purchaser of each lot from the Declarant at the time of closing and the amount of the initial assessment shall be prorated as of the date of closing. Said assessment, if made on a monthly basis, shall be due on or before the 1' day of each month in which the assessment is made. The above referenced monthly or periodic assessment and all subsequent monthly or periodic assessments shall be paid to the Homeowners Association who Declaration of Covenants, Conditions and Restrictions Toscanna Page 16 DOC. INDEX /1 _1, shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the Declarant or the Developer may pay the difference to the Association. At such time as there have been sufficient assessments collected by the Association, and then said Declarant or the Developer shall be reimbursed by the Association. The monthly assessment as set forth above may be increased during the Development Period to reflect (1) maintenance costs; (2) repaid costs; or (3) plat management costs. All increases during the Development Period must directly reflect increase in the above cite.dcosts. During the Development Period, the Declarant or the Developer shall also have::tle authority to reduce the monthly assessments if economic data support such a reduction 10. Certificate of Payment. The Association shall, upon writtendemand,furnish a certificate in writing setting forth whether or not the assessment on a specified lot has been;.paid. A reasonable charge may be made for the issuance of the certificate,,;` Such certificate shall beconclusive evidence of payment of any assessment. • 11. Fines Treated as Assessments. Any fines levied bythe Association pursuant toRCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as an assessment of the owner fined, and may be collected by the Association in the manner described in vED MAY 1 220 CITY OF YAKIIinkt PLANNING DIV. 1. Lien — Personal Obligation All assessments, together with interest and the cost of collection shall be an automatic and continuiiglien upon the lotagainst which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person'who is the owner of the lot. No owner may waive or otherwise avoid liability for assessments by non use of the common areas or abandonment of the Lot. Declaration. IX,COLLECTION OF ASSESSMENT 2. Delinquency. The Board shall establish and publish the terms and conditions of a collections policy in compliance with Far -Credit Regulations. If any assessment is not paid within ten (10) days after its due date, the assessment shall bear interest from said date at twelve percent (12%) or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then tfieE highest permissible rate as provided for by law. A late charge established by the Board' shall be charged for any unpaid assessment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall Declaration of Covenants, Conditions and Restrictions Toscanna Page 17 DOC. INDEX ij_' • • have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any lot obtained by the Association. 3. Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of this Declaration, the Articles, Bylaws, Rules or any other governing documents of the Association, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws, Declaration, or Rules 4. Enforcement of Assessments. The Board may take such action as'as•-necessary, including the institution of legal proceedings, to enforce the provisions of this Article Nine. In the event the Board begins an action to enforce any such rights, the prevailing -party shall be entitled to its attomey's fees, costs and expenses incurred in the course of such enforcement_ action as provide[ f V D in this Declaration. X. HOMEOWNERS ASSOCIATION 2.2009 r rPit.AivNING Div 1. Membership. Every Owner of a Lot shall be a Member oftheAssociation. Membership shall be appurtenant to and may not be separated from ownership of any .ot When more than one person holds an interest in any Lot, all such persons shall be Members:' Ownership of a Lot shall be the sole qualification for membership. 2. Voting. Each lot shall vesfm its_owners with'one vote per.;lot on all matters. No lot shall be entitled to more than one vote. A lotowned by a husband and wife, or jointly by more than one individual or entity, shall be entitled=to only one vote per lot by the lot owners cumulatively and not individually. Matters involving jhe,capital improvements of the common areas shall require an affirmative vote of 2/3 ofthe Members:±eligibe'to vote. All other matters shall require an affirmative vote of a majority of the members eligible to vote unless otherwise stated elsewhere in this Declaration or amendments thereto. 3. Meetugs Subsequent to such time as the Declarant shall no longer have the right to appoint directors under this Declaration, the Association shall schedule regular meetings at least once a year. Other special; meetings may be called in accordance with the terms and provisions of the Bylaws of the Association. Minutes shall be kept at all meetings and shall include a record of all votes taken. 4. Liability Insurance." The Association shall maintain liability and/or hazard insurance covering the common areas and work performed by or on behalf of the Association. 5: Dues; Assessments. Assessments as provided for herein shall be paid on a regular or periodic basis as determined by the board of directors of the Homeowners Association. 6. Common Expenses. The maintenance, repair and or replacement of private roads, sidewalks and walkways, open space areas, common area landscaping and lighting., entry gates, Declaration of Covenants, Conditions and Restrictions Toscana Page 18 -DOC. INDEX # -(o '77-tdCi LU k.n.AY 1 2 2009 0.1Y OF YAKS\ monuments, perimeter fencing, club house and recreation area; and all expenses in connecVANNING I�, with the administration of the Association and enforcement of the terms andprovisions of this Declaration. Common expenses shall be inclusiveof cost of liability and casualty insurance in whatever amount is reasonable and appropriate. Common expenses shall include all costs associated with the obligations of the Association as set forth in this Declaration and provide for reserves for capital replacement. All common expenses and payment thereof shall be the responsibility of the Board of Directors. 7. Budgeting For Reserves. The Board shall prepare and periodically review a reserve budget for the Area of Common Responsibility of the Association. Budget shall=include amounts, as determined by the Board, to be collected for future periodic replacement of all Common Area Facilities. The Board shall deposit all amounts collected as reserves in_separate bank accounts (the "Reserve Accounts") to be held for the purposes for which they are collected and not commingled with any other Association funds. Withdrawal sof funds from any. Association Reserve Account shall require the signatures of two members of the board. The;Board shall F, obtain an initial reserve study and then provide updates at least once every five years or earlier as determined by the Board. The reserve study shall include at minimum (a) identification of the Common Area Facilities which the Association is obligated.to. replace and that have a remaining useful life of less than 30 years (b) identification of probable remaining useful life of theses Facilities as of the date of the study (c) *estimate of the cost of replacement. The Declarant shall not be liable to the Association or any Member if the amount collected as reserves proves to be inadequate to pay for all the costs of periodic replacement. 8. Lien for Failure to Pay. In the event any party fails to pay,,within the terms of a collections policy adopted by the Board, for their portion of the expense; -then the Association may file a lien, substantially in the form of iAabor and material lien. The lien shall be a lien against the property of the non-paying party and foreclosable m the same manner as a labor and materials lien. The lien shall have perpetual existence until paid and released by a recorded lien release. The unpaid balance shall bear interest at the highest legal rate until paid and the non-paying party shall be liable for costs'. and attorneys fees expended in any collection action including but not limited to the foreclosure of the lien. Sale or transfer of any lot shall not affect the assessments as to payments thereof which became due prior to such sale or transfer whether a lien is filed prior to the sale or _not. No sale or transfer shall relieve such lot from liability for any assessment, dues or other charges__ thereafter becoming due or from the lien thereof. The unpaid share of common expenses or assessments shall be deemed to be a common expense collectible from all of the owners, including such possessor, his successors, and assigns. 9. Subordination of Lien. Any lien allowed or provided by this declaration shall be considered subordinate and inferior to any bona fide first mortgage or first position deed of trust (but not to a real estate contract) where the lender under such first mortgage or deed of trust is a bank, savings and loan, F.H.A., V.A., or other institutional lender. If required by such institutional lender, the holder of a lien provided for herein, whether the holder is the Declarant, the Association, a lot owner, or otherwise, will execute a standard form subordination agreement to effect the purposes of this provision. This provision shall also apply to refinancing of an existing first position mortgage or deed of trust where the refinancing lender is an institutional lender as above described. This provision shall not apply to any sale of any lot where the lot owner, subject to an Declaration of Covenants, Conditions and Restrictions Toscanna Page 19 DOC. INDEX • existing lien, carries the sale contract or deed of trust, or otherwise acts as lender to a purchase of the liened lot. Except as provided above, no lien allowed or provided by this Declaration shall be affected by a sale, transfer or refmance of the liened lot or lots. 10. Personal Liability. Each assessment, dues, or other charges, together with interest, costs, and reasonable attorney fees shall also be the personal obligation of the owner of the lot. A new owner shall be personally liable for assessments, dues or other charges which are due on the date of sale or transfer. Nothing in this section shall relieve the lot from the liability for such dues, assessments, or other charges, or any liens resulting from the non-payment of the same. 11. Rate of Assessment. Except as provided for herein, monthly or regular and special assessments shall be at a uniform rate for all lots. 12. Directors. The Declarant shall act or appoint the board of directors until such time as 100% of the lots have constructed on them a residence and have been sold and conveyed to other than builders. After 100% of the lots have had residences constructed on them and said lotshave been conveyed to other than builders, the Declarant in accordance withFthe by-laws shall conduct an election of a board of directors and that shall then act in accordance`'with the terms' and provisions of the Articles of Incorporation, Bylaws, and this;Declaration. 13. Association Obligation. The Association shall be obligated to perform the maintenance and repair as more specifically set forth in this Declaration, provided thatif any work is required as a result of any negligent or intentional act or admission of any owner, or the owner's agent, family or tenants, then the cost of such work shall be paid for exclusively by such owner and shall become a part of the assessment levied against such owner's_ot or lots. 14. Maintenance Contract. The Association may enter into contracts for the maintenance and repair of any area or facilrty-required to be maintained or repaired by the Association. Such contract shall be signed by the board of directors ori behalf of the Association or by the Declarant during the Period of Developers' Control. XI.OF'.F'HCERS The Board of Directors shall appoint individuals to serve as President, Treasurer and Secr CEQVED The term of each officer shall be one year. Officers may be elected to consecutive terms. XII. INCORPORATION MAY 7 2 2009 CI f OF YAKIMA PLANNING DIV. The Association shall be incorporated under the laws of the State of Washington and may apply for tax exempt status with the IRS. The Articles of Incorporation and Bylaws shall not be contradictory to and shall supplement this Declaration. Declaration of Covenants, Conditions and Restrictions Toscanna Page 20 DOC. INDEX # -[v XIII. ARCHITECTURAL CONTROL COMMITTEE RECEIVED MAY 12 2009 CITY OF YAKIA,t,O PLANNING DIV. 1. Appointment. The initial architectural control committee shall be appointed by the Declarant and the initial Member of that committee shall be . The Architectural Control Committee shall not consist of more than three (3) persons. Each member shall hold office until he or she resigns, is removed or until a successor has been qualified and appointed. Declarant shall have the authority to remove and appoint the members of the ACC until there has been constructed on all lots a residence and said residence has been sold and conveyed by either a Builder or the Declarant. Thereafter, the members of the ACC shall be appointed by the Board of Directors. 2. Duties. The ACC shall have the authority to review and actupon owners', proposals to alter or modify any structure or landscaping on the Properties and to:: perform other duties as set forth in this Declaration. The members of the ACC may delegate their duties to any one m_ ember subject to approval of the Board. 3. Adoption of Guidelines. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications in order to further the intents and purposes of this Declaration and any other covenants or restrictions covering the Properties. If such guidelines are adopted, they shall be provided to all Members 4. Meeting; Compensation. The ACC shall meet as necessary to property perform its duties, and shall keep and maintain a record of all actions takenat the meetings or otherwise. Unless authorized by the Board ofDDirectors, the members of the ACC shall not receive any compensation for theirbasic services. However, iftime in excess of five (5) hours is required for the review and approval of any proposal, the Owner submitting the proposal shall pay a fee for the additional time based upon usual and customary architectural fees in the area, as established by the Board. All members shall be entitled to reimbursement for reasonable expenses incurred in connection with the -performance of ACC duties. 5. Nonwaiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of thie•right to withholdapproval of any similar plan, drawing, specification, or matter submitted for approval. 6. Liability Neitherhe ACC:nor any of its members shall be liable to the Association or to any Owner for any damage, loss or prejudice resulting from any action taken in good faith on a matter submitted to the_=ACC for the approval or for failure to approve any matter submitted to the ACC. The ACC or its members may consult with the Association or any Owner with respect to any plans, drawings, or specifications, or any other proposal submitted to the ACC. 7. Plan Review Fees. The ACC may employ engineers, architects, and other professionals to review plans and take other actions as designated by the ACC and, therefore, the ACC may charge a fee to review plans in an amount not to exceed the costs for each plan review. Declaration of Covenants, Conditions and Restrictions Toscanna Page 21 DOC. INDEX • 8. Colors and Materials. In all cases, owners shall obtain approval from the ACC to change the exterior colors or materials of any structure on the Properties. 9. Patio Construction Materials. A patio at side or rear of the home may be constructed of concrete or wood, upon prior approval by the ACC. RECEIVED XIV. ARC TECTURAL AND LANDSCAPE CONTROL MAY 1 2 2009 CITY OF YAKIMA 1. Approval of Plans Required. None of the following actions may be taken until plans aRilANNIND DIV. specifications for the same have been approved in writing by the ACC. (a) The construction or erection of any building, fence, wall or other structure, including the installation, erection, or construction of any solar collection device. (b) The remodeling, repainting, reconstruction, or alteration of any road,1.driveway or other structure. (c) The landscaping plan for any lot. Any such actions which have been approved shallonly be taken inconformity with the plans and specifications actually approved by the ACC, and no _changes in or deviations from the approved plans and specifications shall be made without the prior written approval of the ACC. 2. Approval Not Required... tili4thstanding any other provision of this Declaration, the approval of the ACC shall not be required-fo action taken by Declarant to develop any of the lots or common areas. 3. Procedure for Approval. Any pe son wishing to`take any of the actions described above shall submit to the AO sets of plans and specifications which meet the following requirements: t).Plans for the construction or modification of any building, fence, wall, or other structure shall be building elevation plans with, in addition to s detailed site plan, the exterior color scheme, proposed outdoor lighting, proposed landscaping, and shall show and otherwise identify any special needs or conditions which may arise or result from the installation, erection, or construction of any, solar,cohection device. At the request of the ACC, the person submitting such plans shall locate' stakes on the Lot which indicate the corners of the proposed structure. The plans for the firststructure to be located on lots shall include a landscaping plan. Approval of such plans and specifications shall be evidenced by written endorsement of the ACC on such plans and specifications, one copy of which shall be delivered to the Owner of the Lot upon which the proposed action is to be taken. The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The ACC shall approve, disapprove, or require further information or changes within 30 business days from the date the completed plans and specifications are submitted to the ACC. Declaration of Covenants, Conditions and Restrictions Toscanna Page 22 DOC. INDEX AY 2 2009 OF YAKIMA PLANNING DI 4. Criteria for Approval. Approval of plans and specifications may be withheld or conditioned if the proposed action is at variance with this Declaration, Articles of Incorporation, the Bylaws, or House Rules, or design guidelines adopted by the ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed action will be detrimental to the community or to any other Owner, because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish, design, proportions, size of home, shape, height, style, materials, outdoor lighting proposed, or landscaping plan, or impact on view rights or privacy. 5. Conformity with Approved Plans. It shall be the responsibility othe ACC to determine that actions have been completed in accordance with the plans as submitted,and approved. Such determination must be made within 60 days of the completion of the action. If the ACC shall determine that the action does not comply with the plans and_ specifications as.approved, it shall notify the Owner within the 60 day period, and the Owner, within such time as :the ACC shall specify, but not less than 30 days, shall either remove or alter the improvement or take .:such other steps as the ACC shall designate. 6. Exclusions. During the Development Period, the Declarant.. shall have the right to waive the plans and specifications review for builders_to whom the Declarant has sold a lot. In the alternative, during the development period, the ACC may approvea master set of plans and specifications submitted by a builder and that once approved; a residence and improvements can be constructed pursuant to said master plan on any lot without the necessity of any further approval by the ACC. 7. No View Restrictions' That there`;are no view restrictions with respect to any lot. A residence or other improvements constructed': on a lot may restrict the view with respect to any other lot and neither the ACC, the Declarant; any,builder or owner of any lot shall be liable or responsible to any other lotowner in the -event a residence or any other improvement is constructed on a lot in conformity with the provisions of this Declaration or ACC Design Guidelines which may restrict the view of another>lot 8. Work lours. No work, including delivery of materials or equipment, which would cause noise or other disturbance, may begin before 7:00 a.m. All work and material delivery must cease by 6:00 p.m. This requirement applies to work performed Monday through Friday. No contractor work may be performed on Saturday or Sunday without prior written approval from the ACC. XV. EASEMENTS 1. Easements for Association. The Association and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) The maintenance of front, side, and back yards of lots as set forth in this Declaration Declaration of Covenants, Conditions and Restrictions Toscanna Page 23 DOC. INDEX # f-� • (b) The maintenance, repair, replacement, of any Association improvement in any easement accessible from that Lot ReCeve 1 2 2009 °F YAKII A PLANNING DIV. (c) Emergency repairs necessary to prevent damage to the easement or to another Lot or the improvements thereon (d) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do Except in an emergency where advance notice is not possible, the ea s e rient,shall be exercised only after reasonable notice to the Lot Owner. 2. Easement for Government Personnel. An easement for access by police; fire, rescue and other government personnel is reserved across all Common Areas;as necessary or appropriate for the performance of their public duties. XVI RECREATION `FA, CILITYES 1. Clubhouse (if constructed). A clubhouse:. facility is provided_for the owners use and enjoyment subject to House Rules as determined by the Board. Declarant will Tease the clubhouse to the Homeowners Association until such time as Phase 2 is :completed Upon completion of Phase 2 the clubhouse facility will be owned by the Association and be a part of the Area of Common Responsibility. The Board may appoint a manager who will:=keep a schedule of all events requiring the use of the clubhouse_ 2. Clubhouse Private'Function Signup. Any resident desirous of using the clubhouse for a private activity must contact the manager and complete a "Social Use of Park Facilities Agreement." The resident sponsor.is responsible for cleaning,the clubhouse at the conclusion of the function. The Board may a reasonable deposit to"ensure that satisfactory cleanup is completed. 3. Clubhouse or Park Closures. The community recreational facilities may be closed from time - to -time for maintenance, or a'scheduled private activity. 4. Clubhouse Heating/Cooling.:;Air conditioning and/or heating of the clubhouse may not be operated on a constant basis,=consistent with energy conservation requirements. 5. Responsibility for Alcohol Usage. All residents are responsible for their behavior and that of their guests, whether participating in a community or private function. Declaration of Covenants, Conditions and Restrictions Toscanna Page 24 DOC. INDEX XVII. PERMITTED AND PRO ITED USES RECEIVED MAY 1 2 20 CITY OF YAKiiy� 1) PLANNING DIV. 1. Guests Under 18. An adult resident must accompany guests under the age of eighteen (18) when outside the resident's home. This is an adult community and it is the duty and responsibility of all residents to acquaint their guests with the community guidelines, and to properly supervise their guests and children so they do not unreasonably disturb others. 2. All Guests. Any guest staying longer than 15 days in any 60 day period must register with the management. Visits cannot exceed 60 days per year. 3. Live -In Care Provider. Exceptions to the above will be made forhve-in care providers. Prior toallowing a live-in care provider to move into a resident's home, resident must provide the Homeowners Association with the following: Written proof that the care provider is over (18) eighteen years of age; A copy of the resident's approved plan of treatment; A copy of resident's physician's written order for the plan oftreatment The live-in care provider must execute alive -in Care Provider Agreement and must comply with all rules and regulations of Toscanna Homeowners Association:The live-in care provider is not a tenant of the Association and has no rights to tenancy. 4. Use of Clubhouse by Guests If a Clubhouseis provided, :the Board reserves the right to determine whether clubhouse or'other community facilities can accommodate residents and guests. The Association ay refuse'any guest acc mess to a facility if the guest's presence would detract from the use and enjoyment of the facilities by the owners. gDuring 5. Overnight Guests Owner Absence If theowner is absent, no guest may stay overnight in a resident's home without notifying the Homeowners Association by registering in advance with Management. 6. Land Use and Building Type. All lots subject to these protective covenants shall be used only for residential, purposes. No structures of any kind shall be erected or permitted to remain on any lot other than single, family residences, garages, work shops, and structures normally appurtanant to such residences No.carports will be allowed and all garages must have doors. All dwellings shall comply with City of Yakima Zoning Requirements. Two -car or three car garages are permitted and they shall be incorporated in or made a part of the dwelling house and no detached garages shall be permitted except with express approval by the Architectural Control Committee. 7. Swimming Pools. No swimming pool or hot tub may be installed unless the same has been approved by the Architectural Control Committee which shall not only approve the design, but also the location of said swimming pool and hot tub on the property. 8. Completion of Construction. The construction of any building on any lot, including painting and all exterior finish, shall be completed within six months of purchase of the lot. The building Declaration of Covenants, Conditions and Restrictions Toscanna Page 25 DOC. INDEX # _% • • • • area shall be kept in a reasonably clean and workman -like manner during construction. All lots shall be kept in a neat and orderly condition, free of brush, vines, weeds and debris. The grass thereon shall be cut and mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 9. Landscape Completion and Standards. The front yard, up to the edge of the street fronting any lot shall be landscaped in accordance with the provisions of this section. The landscaping shall be installed prior to occupancy, or within 30 days after substantial completion of the residence on any lot, whichever shall occur first. If inclement weather conditions prevent the timely installation of said landscaping improvements, the lot owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. "Front yard" shall be defined as the lot area extending from the`front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the lot, exclusive of any garage projections but inclusive of any garage recessions. At least 50% of the minimum "front yard" landscape area on each lot shall be maintained as' jaY == 2 2009 lawn area unless otherwise approved by the ACC. Y O1= YAKIMA PLANNING DIV. Within 60 days after occupancy, all lots with visible backyard area from: adjacent street rights-of- way shall have the landscaping completed on the entire lot area unless otherwise approved by the ACC. 10. Driveways and ParkingAreas -.All drivewaysand any parking areas on any lot shall be of aggregate concrete material or sack -other hard surface material as shall be approved by the ACC and this shall be completed prior to occupancy. Unless fully enclosed within an approved structure upon a lot, no recreational vehicle, commercial vehicle, construction or like equipment, trailers (utility, boat, camping, horse or otherwise), boats, or disabled vehielesshall be allowed to be parked or stored on any lot. Recreational vehicles, boats, and trailers (if such vehicles are otherwise permitted) may only be parked on driveways for a period not to exceed 24 hours and subject to such other rules and regulations as maybe adopted by the Association. 11. Nuisances. No noxous''or undesirable thing or noxious or undesirable use shall be permitted or maintained upon any or upon any other portion of the Property. If the Board determines that a thing or use is undesirable or noxious, that determination shall be conclusive. 12. Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any ACC approved improvement, no excavation or fill . shall be added nor shall any fill be removed from any Lot herein. 13. Drainage. The owner of any lot shall not take any action which would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any Declaration of Covenants, Conditions and Restrictions Toscanna Page 26 • DOC. INDEX # {-4 change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. 0 14. Use During Construction. No persons shall reside upon the premises of any Lot until such 'VE© time as the improvements to be erected thereon in accordance with the plans and specifications:..t v a approved by the ACC have been completed. 2 2009 y pyt 15. Signs. No sign shall be erected or maintained on any lot except that.not more than one "For-�4 AVNom D V Sale" or "For Rent" sign may be placed by the owner or by a licensed real estate agent, not exceeding 5 square feet. Declarant shall also have the unrestricted right to place and maintain such other advertising signs as may be required by Declarant tq promote_. the sale of any lots by Declarant, including but not limited to monument type signs at;the entrance to the subdivision. The signs for model homes constructed by builders shall beapproved by the ACC. Political campaign signs are allowed only upona Lot .owned by the Person posting them, and with the following restrictions: (a) Signs shall not exeee� 28 inches). normal yard sign size (approximately 22 inches x (b) Signs shall be free standing an building or other structure: not <'connected or attached to a fence, (c) Signs shall riot be lightedexcept as normal house or yard lighting may incidentally illumniate them. (d) Signs shall not obstruct :driving line of sight or traffic signs or signals. (e) Signs shall riot be,displayed more than thirty (30) days before the election mvolving the candidate, party or -ballot measure they address. .(f) Signs shall be removed within three (3) days after the election involving the candidate, party or ballot measure they address. (g) Tigris shall not be placed on common facilities or grounds. 16. Animals. No animals or reptiles of any kind shall be kept on any lot except that dogs, cats or other household pets may be kept on a lot subject to the rules and regulations adopted by the Association. All dogs must be kept on a hand held leash when outside and all other pets must be kept in yards unless accompanied by a lot owner. The design and location of any kennel shall be approved by the ACC. No animal may be kept, bred, or maintained for any commercial purpose. Each lot owner shall be responsible for pick up and disposal of that pet owner's animal waste. All dogs must be kept so as to minimize excessive noise from barking, which is otherwise to be Declaration of Covenants, Conditions and Restrictions Toscanna Page 27 DOC. INDEX • 0 • • considered a nuisance. The Association, by appropriate rules and regulations shall determine the number and kind of pets to be kept on any lot. Association may require a separate Pet ' FCEUVE Agreement to be signed by lot owners. `AM' 1 2 2009 17. Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located aril Y OF YAKIMA screened from public view. All equipment for the storage or disposal of such materials shall 1%ANNING DIV kept in a clean and sanitary condition_ 18. Temporary Structure. No structure of a temporary or removable character, including but not limited to, a trailer, mobile home, basement, tent, shack, garage, baor any other building shall be kept or used on any Lot at any time as a residence. This provision shall not be deemed to prevent the use of a construction shack or trailer for purposes of storage ar security at any time during the Period of Developer's Control. 19. Utility Lines; Radio and Television Antennas..All .electricalservice, telephone lines and other outdoor utility lines shall be placed underground No exposed or exterior radio or television transmission or receiving antennas shall be constructed, placed or maintained on any part of such premises except as approved by the ACC prior to installatiotor construction. Any waiver of these restrictions shall not constitute a waiver as to other lots or lines or antennas. 20. Satellite Dishes, Antenna and Aerials. Up"to two„satellite dish antenna having a diameter of not more than 40” installed in the side yard or, backyard of _any residence and integrated with the structure and surrounding landscape, shall be permitted upon a Lot without any additional approval. Any other dish location.and screening shall be reasonably determined by the Board so as not to impair reception and to. ensure that the satellite dish is not visible, insofar as that is reasonably possible, from 21. Tanks Etc., Any tanks installed on a<lot with,ac residence, including tanks for the storage of fuels, must be } uned or walled sufficiently to conceal them from the view from neighboring lots, roads, or streets. All clothes ,lines,' garbage cans, equipment, coolers, wood piles, or storage piles shall be suitably screened toconceal thenmfrom the view of neighboring lots, common areas, roads or streets. Plans for all of this nature must be approved by the ACC prior to construction;`` 22. Auto Repair. No major auto repair shall be permitted except within enclosed garages which are kept closed. 23. Roofs. Roofing materials shall be of a 50 year architectural laminate shingle in such color as may be approved by the Architectural Control Committee in its discretion. In addition, any other roofing material shall only be permitted by approval of the Architectural Control Committee. 24. Siding. The siding shall be of a flardi lap siding or such other material as may be approved by the ACC. "T-111" or the equivalent is specifically prohibited for the use on the front of any home. Any other material shall be approved by the ACC. Declaration of Covenants, Conditions and Restrictions Toscanna Page 28 Doc. INDEX AIgyz 4240 9 25. Fences. Except for fences that have been constructed by the Declarant, no other fences &Mafri i permitted on the side and rear property lines up to within the greater of (i) 25 feet of the front property line; or (ii) the distance between the front lot line and the front wall (facade) of the primary residence including the garage, subject to (i) the approval of the ACC. In no event shall any fences be allowed between the front lot line and the front wall (facade) of the primary residence, including the garage. Only the fencing selectedin the Design Guidelines section contained herein shall be installed on the Properties without approval by the ACC. For corner lots or panhandle lots, fencing closer to the front property line than as otherwise allowed in the section may be approved upon review by the ACC. 26. Maintenance of structures and Grounds. Each owner shall maintain' his his lot and residence thereon in a clean and attractive condition, in good repair and fire hazard. 27. Firearms. The use of firearms is expressly prohibited. For purposes of this subsection the term firearm includes guns, pistols, handguns, rifles, automatic weapons and semi-automatic weapons. 28. Dirt bikes and/or ATV. No unlicensed motor vehicles, including. motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot or on adjacent roads in an unsafe manner or in such a way to create a hazard or nuisance. 29. Damage Repair. All owners agree to repair: immediately any_damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damaged as a result of dwelling construction activities, or other activities by owners, by persons acting for owners, or by persons n or arounkihe property at the request of or with the consent of the owners. Repairs not immediately made by lot owners after reasonable notice may be executed by the Board at the owner's sole expense 30. Building Materials .:All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The ACC will'determine if a usedrnaterial is a "decor" item. In making this determination, the ACC will consider whether the material harmonizes with the aesthetic character of the other residences within the subdivision and whether the material would add to the attractive development of the subdivision. The exterior of all construction of any lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings and landscaping within the subdivision. Exterior colors must be approved by the ACC. Exterior trim; fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built, and -maintained to be compatible with the exterior of the structure they adjoin. 31. Mailboxes. That no lot owner may install a mailbox on a lot. The Declarant has established a mailbox area. Declaration of Covenants, Conditions and Restrictions Toscanna Page 29 DOC. INDEX # 14-1, 0 • • 32. Square Footage; Dwelling Size. The main structure, exclusive of one story open porches and garages, shall not be less than square feet. No dwelling shall exceed three stories in height and garages shall not be constructed for more than three cars. No more than one residence shall be constructed on any one lot. 33. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the property without the owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written acknowledgement of such permits from the ACC as well as a plan check approval as required by this Declaration. 34. Codes. All construction shall conform to the requirements oft State of Washington's rules and regulations for installing electric wires and equipment, and,==the uniform codes (building mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. 35. Entry for Inspection. Any agent, officer, or committee member, or Declarant, may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been°:compliance with the provisions of this Declaration. The above recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon, and across, residential lots for the purpose of making and carrying out such inspections 36. Sex Offenders. No registered sex offenders;can reside within` the development. The ACC and/or the Homeowners Association have the right to have any such sex offenders removed by injunctive relief. 37. Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional''wntten rules`and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to'� establishrpenalties for violation of those rules and restrictions. If rules and restrictions are r.cE0veo adopted, they, along with the established: penalties, shall be made available to all Members. Y 2009 .XVIII MAINTENANCE AND USE dal r (JF Mao DIV. 1. Business and Conlinercial.Use. Except model homes or ACC approved sales offices, no lot shall be used for other, than one detached single family dwelling with parking for not more than three (3) cars, and no trade, craft, business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind shall be conducted or carried on upon any lot or within any building located on any lot, except as expressly permitted below; nor shall any goods used for private purposes or for trade or business be kept or stored outside any building on any lot which is visible from the street or from any other lot. Provided the zoning code regulating the Property allows the requested use, and subject to the approval of the board of directors, "in home" business or enterprises may be conducted subject to such terms and conditions as may be required by the board of directors; and, provided further such business does not require personal contact with the public or create commercial traffic on or within the Property. That the grant of Declaration of Covenants, Conditions and Restrictions Toscanna Page 30 DOC. INDEX # )*_� approval to carry on an "in home business" shall be limited solely to the owner requesting and being granted such permission, and in the event of a sale of any such lot upon which permission has been previously granted, the subsequent owner must receive permission and consent to carry on such "in home business" and the initial permission granted herein shall be revoked. 2. Maintenance of Structures and Landscaping. Owners are responsible for the maintenance of the home and home site to include: structures, utility lines, landscaping, and other items attached to or placed on the home or home site (referred to as "improvements"), including driveways, walkways, and patios. All must be kept in good condition and repair, beneat, clean, aesthetically pleasing, and well kept. Owners are responsible for the maintenance, repairand replacement of all improvements including but not limited to driveways, walkways and patios. Owners are responsible for any damage or injury caused by resident's failure -to maintain an improvement. If owners are absent, it is still their responsibility to have someone maintain the home and home site. If owners do not maintain their property, then the Association reserves the right to engage the services of a contractor at owners' expense. There -will be yard service available for a fee to owners wishing to contract for maintenance and owners should contact the Homeowners Association for detail. • 3. Landscape Adjacent to Sidewalks. Each lot owner shall be responsible, for the irrigation oCE'VD strip of grass between the sidewalk and street adjacent to the` owner's lot. t`:IYE2 2009 XIX INSURANCE` REQUIREMENT;` 1. Insurance. The Board shall at all times purchase, maintain in force, aioi t PJG the premiums for, if reasonably available, insurance on the Common Areas and other areas of Board responsibility°satisfying at least the following requirements: (a) Property Insurance. Blanket property insurance using the standard "Special" or "All -Risk" building form. Loss adjustment shall be based upon replacement cost. For 43nrposes of this'' subsection, the term "casualty insurance" shall not mean or refer to "earthgi' ke" or other special risks not included in a standard PUD, Condominium, or Cooperative Housing property or casualty policy. The Board may add additional coverage. as it deems necessary or proper. (b) Public Liability Insurance. Public liability insurance with adequate limits of liability for bodily injury and property damage, consistent with that of similarly situated P U I) 's iii Yakima County, Washington. If possible, the policy should be written on'" `he comprehensive form and shall include not -owned and hired automobile liability protection. (c) Director's and Officer's Insurance. Adequate directors and officer's liability insurance, sometimes known as errors and omissions insurance. (d) Fidelity Bond. A separate fidelity bond in a reasonable amount to be determined by the Board to cover all non -compensated officers as well as all employees for theft of Association funds. Declaration of Covenants, Conditions and Restrictions Toscanna Page 31 DOC. INDEX # -� O MAY ��a9 Cll�y d� (e) Agents. Furthermore, where the Board or the Association /jV, A delegated some or all of the responsibility for the handling of funds to a management agent, such bonds as are required for the management agent's officers, employees and agents handling or responsible for funds of, or administered on behalf of, the Board or the Association. (f) Amount of Coverage. The total amount of fidelity bond coverage required shall be based upon the Board's best business judgment, but shall not be less than the estimated maximum amount of funds, including reserve funds, in the custody of the Board, the Association, or the management agent, _as the -:case may be, at any given time during the term of each bond. Nevertheless;=:in no event may the amount of such bonds be less than a sum equal to three (3) months ,aggregate Assessments on all Lots, plus reserve funds. (g) Quality of Coverage. The bonds required shall'"eet the following additional requirements: (i) They shall name the Board, the Owners Association, and the Property Manager as obligee; (ii) If the insurance contract or bond excludes coverage for damages caused by persons serving without compensation, and may use that exclusion as a defense or reason not to pay a claim, the insurance company shall, if possible, be required towa>ve that exclusion or defense; (iii)The :premiums on all bonds required herein for the Board and the Association (except for premiums on fidelity bonds maintained by a management agent fort its officers, employees and agents) shall be paid by the Board or the Association aspart of the Common Expenses; and onds shall provide that they may not be canceled or substantially modified, including cancellation for nonpayment of premium, without at least ten (10 days' prior written notice to the Board and the Association, to any Insurance Trustee, and to each service of loans on behalf of any;Mortgagee. (h) Earthquake and/or Flood Insurance shall not be required unless requested andw;approved by at least seventy five percent (75%) of the Members of the Association. (i) Master Property/Liability Insurance for Attached Homes. The Board shall have the power to purchase a master property/general liability policy for the attached homes if approved by at least 75% of the attached housing owners. The cost of such a policy shall be assessed against all of the properties covered by such insurance. (j) Miscellaneous Items. The following provisions shall apply to all insurance coverage: Declaration of Covenants, Conditions and Restrictions Toscanna Page 32 DOC. INDEX H -, AYE I/YOFy (i) Quality of Carrier. A "B" or better general policyholder's rail kVG PA or a "6" or better financial performance index rating in Best's Insurance Reports, an "A" or better general policyholder's rating and a financial size category of "VIII" or better in Best's Insurance Reports -- International Edition, an "A" or better rating in Demotech's Hazard Insurance Financial Stability Ratings, a "BBB" qualified solvency ratio or a "BBB" or better claims -paying ability rating in Standard and Poor's Insurers Solvency Review, or a "BBB" or better claims -paying ability rating in Standard and Poor's International Confidential Rating Service -- if the carrier is issuing a master policy or,, an insurance policy for the common elements in the Project. (ii) The Insured. The name of- the insured under each policy required to be maintained hereby shall be set forth yin the name of the "Association for the use and benefit of the Owners." (iii) Designated Representative. The Association may designate an authorized representative Of the Association, including any Insurance Trustee with whom the Association has entered into an Insurance Trust Agreement or any successor to such Trustee, for the use and benefit of the individual Owners. (iv) Beneficiary. In any policy covering the. entire Project, each Owner and his Mortgagee, if any, shall be beneficiaries of the policy in an amount equal to the Owner's percentage of undivided ownership interest in the Common Areas and Facilities. (v) Certificate of Insurance. Evidence of insurance shall be issued to each Owner and Mortgagee upon request. Mortgage Provisions. Each policy shall contain a standard mortgage clause -.or its equivalent and shall provide that the policy may not be canceled or substantially modified without at least ten (10) days prior written notice to the Association and to each Mortgagee. vii) - Waiver of Subrogation. A waiver of the right of a subrogation against Owners individually; (viii) Individual Neglect. A provision that the insurance is not prejudiced by any act or neglect of any individual Owner; and (ix) Deductible. The deductible on a claim made against the Association's Property Insurance Policy shall be paid for by the party responsible for the loss. (k) Individual Insurance. Each Owner and occupant shall purchase and maintain adequate liability and property insurance on his Lot, personal property Declaration of Covenants, Conditions and Restrictions Toscanna Page 33 DOC. INDEX # N-� 2 2009 0 • SAY2 t o,9 2�1 �9 and contents; provided, however, no Owner shall be entitled to exercise his ri kt maintain insurance coverage in such a way as to decrease the amount which the y, -G o - Association, on behalf of all the Owners and their mortgagees, may realize under any insurance policy which the Association may have in force on the Property at any particular time. (1) Primary Coverage. The insurance coverage of an Owner shall, in the event the Association also has insurance covering the loss, be primary and the insurance of the Association shall be secondary. (m) Prompt Repair. Each Owner further covenants and agrees that in the event of any partial loss, damage or destruction_'ofhis Lot, the Owner shall proceed promptly to repair or to reconstruct the damaged structure in a manner consistent with the original construction. (n) Disbursement of Proceeds. Proceeds of insurance "policies shall be disbursed to repair promptly and reasonably the damages '°' Any.: -proceeds remaining thereafter shall be placed in the Capital Improvement Reserve Account and retained by and for the benefit of the Association. This is''a covenant for the benefit of the Association and any Mortgagee of a Lot and maybe enforced by them. (o) Special Endorsements. Each policy shall also contain or provide those endorsements commonly purchased by other Associations in similarly situated PUDs in Yakima County, Washington, including but not limited to a guaranteed replacement cost endorsement under which the insurer agrees to replace the insurable property regardless of the cost and, or a Replacement Cost Endorsement under which tle- insurer agrees to pay up to 100% of the property's insurable replacement cost,. but no more, and, if the policy includes a coinsurance clause, an Agreed Amount Endorsement which waives the requirement for coinsurance; an Inflation Guard Endo rsement when it can"be obtained, a Building Ordinance or Law Endorsenent,if the enforcement of any building, zoning or land -use law will result in:loss or dariage, :increased. cost of repairs or reconstruction, or additional demolition and removal costs,' increased costs of reconstruction. Restrictions on:Policies. No insurance policy shall be maintained where: (i) Individual Assessments Prohibited. Under the term of the carrier's., charter, By -Laws, or policy, contributions may be required from, or assessments``may be made against, an Owner, Mortgagee, the Board, or the Association. (ii) Payments Contingent By the terms of the Declaration, Bylaws, or policy, payments are contingent upon action by the carriers Board, policyholder, or member; or (iii) Mortgagee Limitation Provisions. The policy includes any limited clauses (other than insurance conditions), which could prevent the party entitled (including, without limitation, the Board, Association, or Owner) from Declaration of Covenants, Conditions and Restrictions Toscanna Page 34 DOC. INDEX collecting insurance proceeds. • 2. Intent. The foregoing provisions shall not be construed to limit the power or authority of the Association, Board or Owners to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunder, in such amounts and in such forms as the Board or Association may deem appropriate from time to time. RECEIVE MAY 1 2 2009 The Association shall maintain if required any insurance or fidelity -bond requirements established by the Federal National Mortgage Association, FederalHome Loan Mortgage CI TY OF YADIMAV Corporation, Veterans Administration, and Government National Mo age Association, exceptpPLANNING pBy, rP �fi g to the extent such coverage is not available or has been waived'in writing-- XX. riting XX. DAMAGE OR DESTRUCTION 1. In the event of damage or destruction to all or part of he Common Area, the insurance proceeds, if sufficient, shall be applied to repair, reconstruct or rebuild the Common Area in accordance with the original plans. Such repair, reconstruction or rebuilding shall be arranged for promptly by the Board of Directors. 2. If the insurance proceeds are insufficient to;pay for the cost to repair the Common Areas, the Board shall promptly, but in no event later than. ninety` (90) days;after the date of damage or destruction, give notice to and conduct a specialmeeting of tl e'owners to review the proposed repairs, replacementand reconstruction, as well as the projected cost of such repairs, replacement or reconstruction. The owners shall be deemed to have approved the proposed repairs, replacement, and reconstruction as proposed by the Board at that meeting, unless the owners decide by an affirmative vote of fifty one;percent (51%) of the total votes cast at such meeting (provided a quorum exists), to repair, replace, or' reconstruct the premises in accordance with the original plan in a differentmanner than that proposed by the Board. In any case, however, use of hazard insurance proceeds for other'` than_ repair, replacement, or reconstruction of the Common Area in accordance with the original plans shall not be permitted without the prior written approval of atleast sixty sevenpercet (67%) of the First Mortgagees (based on one vote for each first mortgage owned) or owners (if there is not first mortgage on that lot) of the lots. XXI. CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. Declaration of Covenants, Conditions and Restrictions Toscanna Page 35 DOC. INDEX • No proceeds received by the Association as the result of any condemnation shall be distributed to a lot owner or to any other party in derogation of the rights of the First Mortgagee of any lot. RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. XXII MORTGAGEES' GAGEES' Y JRO A H' C 1O t 1. As used in this Declaration: (1) "mortgage" includes the.beneficiary ofa deed of trust, a secured party, or other holder of a security interest; (2) "foreclosure" inclidesa notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement; and (3) "institutional holder" means a mortgage which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency 2. The prior written approval of at least 75% of the First Mortgagees (based on one vote for each first mortgage owned) of the individual lots shall be required for any of the following: (a) Any material amendment to this Declaration or tothe Articles of Incorporation or Bylaws of the Owners Association, including lint* limitedfo4any amendment which would change the pro rata interest or obligation of any -individual owner for the purpose of levying assessments or charges.or for allocating distributions of hazard insurance proceeds or condemnation awards: (b) The effectuation of any decision bythe=Owners Association to terminate professional management and assumeyself-management (however, this shall not be deemed or construed to require professional management) 'artitioning or subdividing a lot (d) Any act; or omission seeking to abandon, partition, subdivide, encumber, sell or transfer the Common Areas, provided, however, that the granting of easements for public utilities or other pubhc,purposes consistent with the intended use of the Common Areas shall not be deemed a transfer within the meaning of this clause. (e) Any act or omission seeking to change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design or the exterior appearance of buildings and other improvements, the maintenance of common property walks or common fences and driveways, or to the upkeep of lawns and plants in the properties. Declaration of Covenants, Conditions and Restrictions Toscanna Page 36 DOC. INDEX (f) Any act or omission whereby the Association fails to maintain fire and extended coverage on insurable properties common property on a current replacement cost basis in an amount not less than 100% of the insurable value (based on current replacement costs). (g) Use of hazard insurance proceeds for losses to any properties common property for other than the repair, replacement or construction of such common property. 3. Each First Mortgagee (as well as each owner) shall be entitled to timely written notice of: (a) Any significant damage or destruction to the Common Areas • (b) Any condemnation or eminent domain proceeding affecting the Common Areas (c) Any default under this Declaration or the Article -of Incorporation, or Bylaws which gives rise to a cause of action against the owner of a lot subject to the mortgage of such holder or insurer, where the default has not been cured in thirty:; (30) days. (d) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association. ECEIve® 4. Each First Mortgagee shall be entitled, upon written request, to MAY 12 2009 (a) Inspect the books and records of the Association during<inormal business hours. pg IANNING • (b) Receive a monthly audited financial 'statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than one hundred and twenty (120) days following the: end of such fiscal, year. (c) Receive written notice of all meehn sof the Owners Association and be permitted to designate a representative to attend_ all such meetings. 5. First Mortgagees of any lots may, jointly or singly, pay taxes or other charges which are in default arid which may or havebecome`a charge against the Common Areas, and may pay overdue premiums on hazard'i surance policies, or secure new hazard insurance coverage on the lapse of policy, for such Common Areas, and the First Mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. XXIII. GENERAL, PROVISIONS 1. Binding Effect. All present and future owners or occupants of lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time. They are hereby accepted and ratified by such Owner, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in such lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. Declaration of Covenants, Conditions and Restrictions Toscanna Page 37 DOC. INDEX li (J/ • RECEIVE.; tV AY 1 2 2009 CITY OF YAKIFA 2. Enforcement by Court Action. The Association, the Declaration, the ACC, the Homeown?INNING DIV Association, or any lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the prevailing party. 3. Enforcement by Self Help. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission -to breach the peace. 4. Condition Precedent to Action. Prior to taking action either by court or by self<help, written notice shall be given to the offending lot owner. Such notice shall specify the nature ofthe offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the ca,§-eOf an emergency, shall not be less than 10 days. 5. Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid -by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other hensherem. 6. Owner Objection. Should a lotowner object to the complaint of the Declarant, the Association or ACC in writing within a period not to exceed fifteen (15) days after the complaint is made and, further, should 'the iiarties not agree on propertymaintenance or other matters complained of, the matter shall be submitted to mediation first. In the event mediation does not effect an agreement, parties shall next submit the matter to arbitration. The arbitration shall be binding upon the parties ` If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in' turn,;; shall choose a third. The arbitration shall be conducted in accordance with the rales of arbitration under the laws'of the State of Washington in existence at the time of any such arbitration. 7. Costs and Attorneys Fees. Itr the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this declaration "legal action" shall include arbitration, lawsuit,' -trial, appeals, and any action,negotiations, demands, counseling or otherwise because of which the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarant or the owners of other lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever Declaration of Covenants, Conditions and Restrictions Toscanna Page 38 DOC. INDEX # H c/ry 8P .2 2Qp9 against the Declarant for or on account of its failure to bring any action for any breach of these... /0 covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be ° unenforceable. 9. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. 10. Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations, and personal. representatives. The singular may also include the plural and the masculine may include the feminine,,. or vice versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the properties by providing `a common plan for the development of Toscanna. 11. Amendment by Court Action. The Homeowners Association and/or any lot ownershall have the right to seek amendment by way of a civil suit wherein the basis for the amendment is either (a) governmental requirements; or (b) manifest unfairness due to substantially changed circumstances beyond the control of the lot owner seeking the .amendment. In any such court action the court may exercise its equitable, powers to grant such relief as is deemed appropriate. 12. Tenn. This Declaration shall be effective_for an initial term of 300 years, and thereafter by automatic extension for successive periods of 10 years each,.unless+terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less thati1750/ii,of the lots then subject to this Declaration. Any termination agreement must be inwriting, approved by qualified owners, and must be recorded with the County Auditor. 13. Amendment by Lot Owners After one hundred percent (100%) of the lots have been sold to others than builders, this Declaration can be amended only by written consent of the owners of seventy fve percent (75%) of the Pots Any such amendment must be in writing, approved by qualified lot owners and recorded with the Yakima County Auditor. 14. AmendmeS:t.by Declarant Notwithstanding any other provision of this Declaration, this Declaration can=be,amended at any time by the Declarant priorto the time 100 percent (100%) of the lots have been sold to other than builders and that all lot owners agree to be bound by such amendment or amendments Thereafter, this Declaration can be amended only as provided for herein. 15. Prior Approval by FHA/HUD. Regardless of whether or not one hundred percent (100%) of the lots have been sold to others than builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veteran Affairs or any program sponsored by either such agency, then either the FHA or HUD or whoever is the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the lot owners: Declaration of Covenants, Conditions and Restrictions Toscanna Page 39 DOC. INDEX # • O A. Annexation of additional properties B. Dedication of any properties C. Amendment of this Declaration 16. Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's most recent address as it appears on the books and records of the Association. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive=notice, and/or has not given the Association written notice of the lender's address for'receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lien holder. This Declaration is hereby executed on this Declaration of Covenants, Conditions and Restrictions Toscanna Page 40 2009. RECEIVED MAY 1 2 2009 MY OF YAKIMA PLANNING DIV. DOC. INDEX STATE OF WASHINGTON )§ COUNTY OF YAKIMA RECEIVED MAY 1 2 2000 CITY OF YAKIME, PLANNING DIV. On this day of , 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned:. and sworn, personally appeared , to me known to be the of Toscana, LLC, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation,'>for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and off cial seal= hereto affixed the;:day and year first above written. Declaration of Covenants, Conditions and Restrictions Toscanna Page 41 Printed Name: NOTARY PUBLIC in and for the State of Washington, Residing at My commission expires: DOC. INDEX # /4,4, Exhibit A Declaration of Covenants, Conditions and Restrictions Toscanna Page 42 RECEIVED • MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX # . RECEIVED MAY 1 2 2009 Exhibit B CITY OF YMisv PLANNING DIV BY-LAWS The administration of the Association shall be governed by these Bylaws, subject to the Declaration. 1. Application of Bylaws. All present and future Lot owners, mortgagees, lessees and occupants of Lots and their employees, and any other persons who may use the facilities of the property in any manner are subject to the Declaration;:; these Bylaws and all rules made pursuant hereto and any amendment thereof The -acceptance of a deed or conveyance or the entering into of a lease or the act. ;of-' occupancy of a Lot shall constitute an agreement that the provisions of the Declaration and. _these Bylaws (and any rules and regulations made pursuant thereto), as they maybe amended from time to time, are accepted, ratified and will be complied with. 2.Board of Directors. The initial Board shall` consist of -three Directors who shall all be appointed by, the (Declarant)Developer and shall serve at its pleasure until Directors are elected. At the first annual meeting after the end of the Development Period (or at a special meeting called after that date), the members shallelect a five-member`Board of Directors to conduct the affairs of the Association and the administration of theproperty on behalf of the Association, who shall be Lot Owners. (a) The Lot Owners shall elect the`members of the Board of Directors for the forthcoming year.:At;least thirty (30) days prior to any annual meeting of the Association, the 'Board _ of Directors shall appoint from the Lot Owners a Nominating Committee of ;not less than three (3) members (none of whom shall be members of "the then Board=sof Directors) who shall recommend to owners present at the annual meeting one nominee for each position on the Board of Directors to be filled at that particular annual meetig Nominations for positions on the Board of Directors may;also,be made,,bypetition filed with the Secretary of the Association at least seven (7) days prior to the,:annual meeting of the Association, which petition shall be signed by ten (10)a`more Lot owners and signed by the nominee named therein. indicating hiswillingness to serve as a member of the Board of Directors. Three (3) of;the Directors shall be elected to serve two (2) year terms, two (2) of the Directors shall be elected to serve a one (1) year term. Provided, however, after the initial Directors; °are elected, each Director elected thereafter will be elected for a two (2) year terry. The members of the Board of Directors shall serve until their respective successors are elected, or until their death, resignation or removal. Any member of the Board of Directors who fails to attend three (3) consecutive Board of Directors meetings or fails to attend at least 25% of the Board of Directors meetings held during any calendar year shall forfeit his membership on the Board of Directors. (b) Any member of the Board of Directors may resign at any time by giving written notice to the President or the Secretary of the Association, or the Declaration of Covenants, Conditions and Restrictions Toscanna Page 43 DOC. INDEX ®VE® 114qY • 1 2 2009 CITY pec Y remaining Board of Directors members. Any member of the Board of Directorspi IM/�M A be removed from membership on the Board of Directors by a two-thirds majority vote of the Association. Whenever there shall occur a vacancy on the Board of Directors due to death, resignation, removal or any other cause, the remaining Board members shall elect a successor Director to serve until the next annual meeting of the Association, at which time said vacancy shall be filled by the Association for the unexpired term, if any. (c) The members of the Board of Directors shallreceive no compensation for their services unless expressly approved by a majority:of`tlie Association. (d) The Board of Directors, for the benefit of the Property and the Association, shall manage the business, property and affairs:,;pf the Community and the Association and enforce the provisions of,the Declaration,+ these Bylaws, and the Rules and Regulations governing the Property. 'The Board of Directors shall have the powers, duties and responsibilities with respect to the Property as rcontained in the State Statutes, Articles of Incorporation, the Declaration and these Bylaws (e) The meetings of the Board of Directors'shall be held at such places within the State of Washington as the :Board of Directors , shall determine. A majority of the members of the Board of Directors shall constitute a quorum, and if a quorum is present, the decision of a majority of those present shall be the act of the Board of Directors. The Board of Directors shall annually elect all of the officers of the Association. The meeting for the election of officers shall be held at the first meeting of the Board of Directors immediately following the annual meeting of the Association. (f) Special meetings of the Board of Directors may be called by the president or by any two (2)$oard of Directors'members. Regular meetings of the Board of Directors may be held without call or notice. The person or persons calling a special meeting of the Board of Directors shall, at least ten (10) days before the meeting, give notice thereof by any usual means of communication Such-: notice ,deed not specify the purpose for which the meeting is called, if an agenda isprepared for such a meeting, the meeting need not be restricted to discussions of those"items listed on the agenda. (h) Action by Written Consent. Any action required or permitted by the Articles of Incorporation, the Bylaws, the Declaration, or under the laws of the State of Washington, to'be taken at a meeting of the Board of Directors of the Association may be taken without a meeting if consent in writing, setting forth the action so taken, shall be signed by all of the Board of Directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote and may be described as such. (i) Any member of the Board of Directors may, at any time, waive notice of any meeting of the Board of Directors in writing, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a member of the Board of Declaration of Covenants, Conditions and Restrictions Toscanna Page 44 DOC. INDEX # }�-LP Directors at a meeting shall constitute a waiver of notice of such meeting except if a0 Board of Directors member attends the meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called. If all the members of the Board of Directors are present at any meeting of the Board of Directors no notice shall be required and any business may be transacted at such meeting. R EO E 9 VE ids (j) The fiscal year shall be determined by the Board of Directors. 3. Meetings of the Association. MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. (a) A meeting of the Association must be held_at least once each year. The presence in person or by proxy at any meeting of the Association of twenty percent (20%) of the Lot owners in response to a notice of all Lot owners of record properly given shall constitute a quorum. In the event that twenty percent (20%) of the Lot owners are not present in person or by proxy, the meeting shall be ;adjourned for a minimum of twenty-four (24) hours and a maximum of sixty (60) days. at which time it shall reconvene and any number of Lot owners.; present at: such subsequent meeting shall constitute a quorum. Unless otherwise expressly provided"in the Declaration, any action may be taken at any meeting of the Lot owners upon a majority vote of the Lot owners who are present in person or by proxy and who are 'voting, except as already defined in the Declaration. (b) Unless otherwise determed by the Board of Directors, the annual meeting of the Association shall be heldiniri the first quarter of the fiscal year at the property or at such?other reasonable date, time and place located in Yakima County, Washington (and not more than sixty (60) days before or after such time) as may be designated`by written notice by the Board;_of Directors delivered to the Lot owners not less than fourteen (14) :nor more than sixty (60) days prior to the date fixed for said meeting. At or prior to an annual: meeting the Board of Directors shall furnish to the Lot owners (a) a budget for the coming fiscal year that shall itemize the estimated common expenses of the coming fiscal year with the estimated allocation thereof to each Lot owner; and (b).`_ a statement of the common expenses itemizing receipts and disbursements for the; previous and current fiscal year, together with the allocation thereofto each Lot owner. (c) Special meetings of the Association may be held at any time at the Property or at such other reasonable place to consider matters which, by the terms of the Declaration, require the approval of all or some of the Lot owners, or for any other reasonable purpose. Special meetings shall be called by written notice, signed by the president, a majority of the Board of Directors, or by Lot owners representing at least ten percent (10%) of the votes in the Association and delivered to all Lot owners not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. The notices shall be hand -delivered or sent prepaid by first class mail by the secretary to the mailing address of each owner or to any other mailing address designated in writing by the owner, and shall specify the date, time and place of the meeting, and the matters to be considered, including the general nature of any Declaration of Covenants, Conditions and Restrictions Toscanna Page 45 DOC. INDEX MAY 1 2 2009 ill/ proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director. (d) Robert's Rules of Order (latest edition) shall govern the conduct of the Association's meeting when not in conflict with the Declaration or these Bylaws. 4. Officers. (a) All officers and employees of the Association shall serve at the will of the Board of Directors. The officers shall be a president, vice president, secretary and treasurer. The Board of Directors may appoint such 'other assistant officers, as the Board of Directors may deem necessary. No officer' shall receive compensation for serving as such. Officers shall be annually elected by,;the Board of Directors and may be removed and replaced by the Board of Directors. (b) The president shall be the chief executive of the Board of Directors and shall preside at all meetings of the Lot owners and of the Board of Directors and may exercise the powers ordinarily allocable to thepresiding officer of an Association. He shall sign on behalf of the Association '=all. conveyances, mortgages and contracts of material importance to its business. He shall do and perform all acts, which the Board of Directors may require:; (c) In the absence or inability o perform the functions of the president. e president, the vice president shall (d) The secretary shall keep minutes of all proceedings of the Board of Directors and4the meetings of the Association and shall keep such books and records as may be necessary and appropriate for the records of the Lot owners and the Board of Directors The secretary,;. xray prepare, execute, certify, and record amendments to. the governing documents on behalf of the Association. The secretary shalt not be the''same person as the president. (e) The treasurer shall be responsible for the fiscal affairs of the Association, but may delegate the; daily handling of funds and the keeping of records to a manager or managing company. 5. Litigation. (a) If 'any action is brought by one or more but less than all Lot owners on behalf of the' Association and recovery is had, the plaintiffs expenses, including reasonable counsel's fees, shall be a common expense; provided, however, that if such action is brought against the Lot owners or against the Board of Directors, the officers, employees, or agents thereof, in their capacities as such, with the result that the ultimate liability asserted would, if proved, be borne by all the Lot owners. The plaintiff's expenses, including counsel fees, shall not be charged to or borne by the other Lot owners, as a common expense or otherwise. Declaration of Covenants, Conditions and Restrictions Toscanna Page 46 DOC. INDEX SAY 4' 200: Coln' OF LA��1� (b) Complaints brought against the Association, the Board of Directors or the officers, employees or agents thereof, in their respective capacities as such, or the property as a whole, shall be directed to the Board of Directors (or the Board's designee), which shall promptly give written notice thereof to the Lot owners and any mortgagees and shall be defended by the Board of Directors, and the Lot owners and mortgagees shall have no right to participate other than through the Board of Directors in such defense. Complaints against one or more, but less than all Lot owners shall be directed to such Lot owners, who shall promptly give written notice thereof to the Board of Directors and to the mortgagees affecting such Lots, and shall be defended by such Lot owners. 6. Abatement and Enjoinment of Violations by Lot Owners. The violation of any house rules or administrative rules or regulations adopted by the Board of Directors or the breach of any provision contained herein, or the breach of ariy provision of the Declaration, shall give the Board of Directors the right, in addition to any other rights =set forth in these Bylaws: (a) To enter the Lot in which or as to which such violation or breach exists and to similarly abate and remove, at the expense of the defaulting Lot owner, any structure, thing or condition that:may exist therein contrary to the intent and meaning of the provisions hereof, and the Board of Directors shall not thereby be deemed guilty in any manner of trespass; or (b) To enjoin, abate or remedy appropriate legal proceedings, either at law or in equity, the continuance of any=such breach. 7. Accounting. (a) The books arid accounts of the Association shall be kept in accordance with generally accepted accounting procedures under the direction of the treasurer. (b) At .the closeof each fiscal year, the books and records of the Board f.Directors shall be : audited by a certified public accountant if requested by a Majority of the members of the Association. The Association shall provide for an annual unaudited independent review of the accounts of the Association. Copies of the review shall be 'made available to any Member who requests a copy in writing and pays the reasonable cost of photocopying the same. • (c) The books and accounts of the Association shall be available for inspection at the office of the Association by any Lot owner or his authorized representative during regular business hours. 8. Committees. The Board of Directors by resolution may designate one or more committees, each committee to consist of three (3) or more Lot owners, which to the extent provided in . said resolution, shall have and may exercise the powers set forth in said resolution. Such committees shall have such names as may be determined from time to time by the Board of Directors. Such committees shall keep regular minutes of their Declaration of Covenants, Conditions and Restrictions Toscanna Page 47 DOC. INDEX # J -�7 • • • proceedings and report the same to the Board of Directors when required. The members of such committees designated shall be appointed by the Board of Directors. The Board of Directors may appoint Lot owners to fill vacancies on each of said committees occasioned by death, resignation, removal or inability to act for any extended period of time. 9. Amendment of Bylaws. These Bylaws may be amended by a majority affirmative vote of the Association at a meeting duly called for such purposes. Any material amendment to these Bylaws must be approved in writing by all mortgagees as defined in the Declaration. Upon such an affirmative vote, the Board of Directors:., shall acknowledge the amended Bylaws, setting forth the fact of the required affirmative voteof the Lot owners and mortgagees where necessary and the amendment shall be effective upon recording. 10. Severability. The provisions hereof shall' be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion hereof shall not affect the validity or enforceability of any other provision hereof. 11. Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way to define, limit or describe the `scope of these Bylaws nor the intent of any provision hereof. 12. Effective Date. These Bylaw s 's of which they are a part. 1 _take effect upoin recording of the Declaration EXECUTED TOSCANNA HOMEOWNERS ASSOCIATION By: Print Name: Title: President Declaration of Covenants, Conditions and Restrictions Toscanna Page 48 RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. DOC. INDEX EXHIBIT C Vehicle Operation RECEIVED MAY 2 20 CITY OF YAKIMA PLANNING OIV. 1. Vehicle Operators. Vehicle operators must obey all laws of operation and the Declaration, including but not limited to operation in a safe manner, and according to any posted signs. 2. Speed Limit. There is a speed limit of ten (10) miles per hour withinthe confines of Toscanna. Pedestrians, bicycles, golf carts or similar personal conveyances (suchas -a:wheelchair) shall be granted right-of-way at all times. All owners and their guests are required to observe any posted signs. 3. Vehicle Washing. No vehicles may be washed on the streets. Owners mustwash vehicles in the driveway. .., .. . . .. .... . 4. Vehicle Parking. No home site may have more Vellio17(77.,.torized or non-motiiiized) than the number of off-street parking spaces for the lot. Parking is is only permitted in the owner's'garage or driveway, not on landscaped or other areas of _.. ' i--,..::::,: •.:. the lot. • ,. No vehicle shall be parked in a driveway in such a manner at the Vehicle would extend past the flow line (gutter). No unsightly or inoperable vehiCleirlay be parkedin an owner's driveway including those with visible tools, equipmentor other items that can be seenfrom the street or neighbors' homes. An exception would be vehiclesused by maintenance personnel (e.g. lawn mowing, etc.) No owner"s'Vehiele'-haVing vehicle advertising can be parked in the driveway. An owner's RV may be loaded or unloaded in the street only if the Homeowners Association is advised, and parking does not exceed 24 (twenty-four) hours. Otherwise, no street parking is allowed. Service or delivery personnel whose vehicles may not fit in the driveway may temporarily park in the street. Declaration of Covenants, Conditions and Restrictions Toscanna Page 49 DOC. INDEX PET AGREEMENT IGEIVED MAY 1 2 2009 CITY OF YAkiivii KANNING 0lV. Registration is required before an owner may keep pets at Toscanna. Permission will be given under the following conditions. Violation of any of these rules is cause for revoking permission to keep a pet. See SEPARATE FORM FOR SIGNATURE 1. Type and Number. Only domestic animals are permitted in Toscanna':Owners may have no more than three (3) neutered or spayed pets. No fowl (such as chickens or� -pigeons), monkeys, snakes, reptiles, or other unusual animals are allowed. Toscanna Home Owner Association shall, in its discretion for the purpose of this regulation, determine if a particular animal is or is not a domestic pet. 2. Pet Containment. Animals must be kept on a leash.at=all times while outsidethe confines of an owner's home or fenced yard. Pets are not permitted m the clubhouse (even if camed),,nor will pets be permitted to invade the privacy of anyone's homesite. The:Homeowners Association is authorized to remove any pet that is loose and unattended to an animal shelter and associated impound fee will be at owner's expense. 3. Disturbance. Pets will not be allowed to causo any disturbance, which might annoy neighbors. If a pet causes any disturbance, annoyance or harm, such as barking, growling, biting, or any other unusual noises or damages which will unreasonably annoy or: cause harm to the community, a neighbor, or his/her property, permission to keep the pet may be revoked. 4. Guest's Pets. Guests -who bring pets into Toscana shall also be bound by this Pet Agreement. All guests' pets must be registered before they are permitted to enter Toscanna. 5. Owner Responsibility. Owner is responsibier for any damage caused by their pet(s). Any pet waste must be picked .immediately and disposed of in an appropriate manner. 6. Pet Weight. Each pet must weigh forty(40)pounds or less. At the time of owner's move -in, the Association must give approval in writing for any pet whose weight exceeds this limit. This pet can remain if. all other pet;rules are obeyed until the pet is given away or passes on. A similar pet cannot then be_brought in 7. Additional Pets. Per ission is granted only for the pets listed as part of this agreement. Written permission and (registration is required before any additional or replacement pet is obtained. 8. Pet's Health Care. Owners shall provide regular health care for all pets that are not confined to the.home, together with keeping all customary "shots and/or vaccinations" current. The records - thereof shall be submitted to the Association reasonably as available. The Association has the right to ask for the removal of any unhealthy pet allowed outside the home. Declaration of Covenants, Conditions and Restrictions Toscanna Page 50 DOC. INDEX # 9. Disabled Owners. Nothing contained within this Pet Agreement shall prevent owners from receiving special consideration and accommodation for service animals. STATE OF WASHINGTON ) )ss. COUNTY OF ) RECEIVED MAY 1 2 2009 CITY OF YAKIMA PLANNING DIV. I certify that I know or have satisfactory evidence'that is the person who appeared before me, and that_person acknowledged signing this instrument, on oath stated their authority to execute the instrument ;and acknowledged rt as the authorized agent of the party on behalf of whom instrument was executed_ to be the free: and voluntary act of such party for the uses and purposes mentioned m the instrt hent., SUBSCRIBED and SWORN to before me this Declaration of Covenants, Conditions and Restrictions Toscanna Page 51 (printeciname): NOTARY PUBLIC in and for the State ofWashington, residing at My Commission expires: day of , 2009. DOC. INDEX # APPENDIX "A" ENGINEERING & SURVEYING BRADLEY J. CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, Eft August 14, 2008 To Whom it may Concern: LOUIE W. WISHERT, JR., PLS RICHARD L. WEHR, Ply JOSEPH W. BAKER, PLS RECEIVED, MAY 1 1 2009 Cott OF YAKIMA PLA DIV Soils in the proposed. Toscana development west of -40t Avenue and north of Englewood Avenue are cohesionless and non -plastic. Such soils are stable on slopes of 2 horizontal to 1 vertical or flatter. EXPIRES �f r PA5 f Sincerely, �-k Brad Card, P.E. Principal Engineer 1120 -West Lincoln Avenue • Yakima, Washington 98902 • (509) 575-6990 • FAX 401,575-6993 LAAre INDEX tib-.� APPENDIX " 13" ENGINEERING & SURVEYING 0 To Whom it May Concern: BRADIEYJ. CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, Elf LOUIE W. WISHERT, JR., PLS RICHARD L. WEHR, PLS JOSEPH W, BAKER, PLS August 26, 2008 RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. The possible presence of non -leachable lead and arsenir mentioned in the Environmental Site Assessment for the Delmar Pearson property located in the vicinity of North 40th and Englewood Avenues in Yakima, Washington is also true of all the old orchard land in Yakima County. BC:3c (EXPIRES /,pfd' Sincerely, /ss„,..0 Brad Card, P.E. Principal Engineer DOC. INDEX • / �-cf 1120 West Lincoln Avenue Yakima, Washington 98902 0 (509) 575-6990 0 FAX (509) 575-6993 APPENDIX "C" O(.HEATH & ASSOCIATES, INC. Transportation and Civil Engineering TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS YAKIMA, WA Prepared for: Keith Basham Toscana Development 12419 172nd St E NN103 Puyallup, WA 98374 May 2009 2214 Tacoma Road • Puyallup, WA 98371 • (253) 770-1401 • Fax (253) 770-1473 RECEIVED. MAY 1 1 2009 CITY OF YAK as A PLANNING Doc. INDEX # y-3 TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS TABLE OF CONTENTS I. Introduction 3 II. Project Description 3 III. Existing Conditions 3 IV. Forecasted Traffic Demand 10 V. Summary & Mitigation 16 Appendix LIST OF TABLES 1. Existing Level of Service 9 2. Project Trip Generation 11 3. Future 2012 Level of Service 15 LIST OF FIGURES 1. Vicinity Map & Roadway System 4 2. Site Plan 5 3. Existing PM Peak Hour Volumes 8 4. Trip Distribution & Assignment 12 5. 2012 PM Peak Hour Volumes Without Project 13 6. 2012 PM Peak Hour Volumes With Project 14 2 • 0 0 DOC. INDEX TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS I. INTRODUCTION This study serves to examine traffic impacts related to the Toscana Development residential project. The main goals of this study concentrate on assessing existing roadway conditions and intersection congestion, forecasting newly generated project traffic, and estimating future delays. The first task includes the collection of roadway information, road improvement information, and peak hour traffic counts. Next, a detailed level of service analysis of the existing volumes is made to determine the present degree of congestion on the network. Based on this analysis, forecasts of future traffic levels on the surrounding street system are determined. Following this forecast, the future service levels for the key intersections are investigated. As a final step, applicable conclusions and possible on-site/off-site mitigation measures are defined and addressed. II. PROJECT DESCRIPTION The proposed Toscana Development project consists of 66 single family attached housing units. The dwelling units will be attached in pairs for a total of 33 buildings. The site is located on Castlevale Road across from the Seattle Slew Run intersection. Access to the project will be provided by a full access on Castlevale Road with a possible second access to Kern Road. Land uses surrounding the site are primarily residential with some commercial areas located further south and east. Development forecasts estimate a project completion date of 2012 which is therefore the horizon year for analysis purposes. Figure 1 on the following page shows the site location and roadway system. The proposed site plan is given in Figure 2. III. EXISTING CONDITIONS A. Surrounding Street Network The street network serving the proposed project consists of a variety of roadways. Streets near the site mainly consist of two-lane and multi -lane arterials. Defining characteristics for these roadways vary with respect to lane widths, grades, speeds, and function. Differences are based on specific roadway designations and proximity to major employment areas. The primary roadways are described on page 6. 3 DOC. INDEX # H-3 N 48Th AVE ENGLEWOOD AVENUE KERN RIVER ROAD CASTLEVALE ROAD WAY tu W LINCOLN AVENUE a v z SUMMITVIEW AVENUE ALto TOSCANA DEVELOPMENT HEATH & ASSOCIATES, INC VICINITY MAP 4ROADWAY SYSTEM Transportation and Civil Engineering FIGURE I DOC. INDEX # H-3 07.101 rY l RLTCrFD W SCM Vaal Caanob 1110., Moat LMINpYX MMaI afle W RpKNLRT FIQltlp Y4 VW. CM.. TAM AMU FM fCfITITYI WOK 611.1 T4® IMAM tnaCNInt 64611Ip Y4 4142 S 1612[1.44111 RaAOpiIP 4104:1:Nr 1CpL0YlR )6 li I1. WpTLr6 rnn.om bar. 1. -cora -pcowaa rLSIsaa anc ...a • MM. umb.6.n. Ana Valera TOSCANA DEVELOPMENT 4046 HEATH & ASSOCIATES, INC Transportation and Civil Engineering SITE PLAN FIGURE 2 DOC. INDEX # 11-3 North 40th Avenue is a north -south, multi -lane arterial that lies to the east of the project. The posted speed limit is 35 mph. Pavement surfacing is asphalt concrete and lane widths are typically 12 feet. Along most of the roadway edge treatment consists of curb, gutter, and sidewalk. The grade of the road ranges from 0 to 5 percent. Left turn lanes are provided at major intersections. Summitview Avenue is an east -west, multi -lane arterial that lies to the south of the project. Lane widths are 12 feet and the posted speed limit is 30 mph. Paving is asphalt concrete and curb, gutter, and sidewalk define the roadway edge. The grades along the road are mild and range from 0 to 4 percent. Englewood Avenue is an east -west, two-lane roadway that lies to the south of the project. The posted speed limit along the roadway is 30 mph. Lane widths are around 12 feet and the road has curb and gutter. Sidewalks are provided along some segments. Pavement surfacing consists of asphalt concrete. Grades range from 0 to 4 percent. Kern Way is an east -west roadway that borders the southeast comer of the project. Lane widths are around 11 feet and the roadway consists of 2 lanes. Shoulders are typically grass and/or gravel. The posted speed limit 20 mph. Grades along the road are minor and range from 2 to 4 percent. Castlevale Road is primarily an east -west, multi -lane roadway and provides access from the east side of the site. The posted speed limit is 25 mph. Adjacent to the road are curb and gutter with some areas providing sidewalks. Lane widths are typically 12 feet and the road is paved with asphalt. The grade along the road varies from 0 to 7 percent. Fechter Road is an east -west, two-lane roadway that borders the north edge of the project with a posted speed limit of 25 mph. Lane widths are generally 12 feet and the roadway consists of asphalt concrete. Shoulders are curb and gutter. Grades range from 0 to 4 percent. B. Roadway Improvements A review of the City of Yakima comprehensive plan shows no projects are currently planned in the immediate vicinity of the project. 6 DOC. INDEX # H-3 A C. Peak Hour Volumes Field data for this study was collected in February of 2008. Traffic counts were taken during the evening peak period between the hours of 4 PM and 6 PM. This specific peak period was targeted for analysis purposes since it generally represents a worst case scenario for residential areas with respect to traffic conditions. This is primarily due to the common 8 AM to 5 PM work schedule and the greater number of recreation/shopping trips associated with the early evening period. Commuters generally travel from home to work (or vice versa) in the morning and evening which translates to a natural peak in intersection traffic loads when combined with the relatively large number of evening personal and retail trips. Figure 3 on the following page shows the weekday PM peak hour volumes for the key intersections of 40th Avenue & Summitview Avenue, 40th Avenue & Englewood Avenue, 40th Avenue & Kern Way, 40th Avenue & Castlevale Road, and Castlevale Road & Fechter Road. D. Existing Level of Service Existing peak hour delays were determined through the use of the Highway Capacity Manual 2000. Capacity analysis is used to determine level of service (LOS) which is an established measure of congestion for transportation facilities. LOS is defined for a variety of facilities including intersections, freeways, arterials, etc. A complete definition of level of service and related criteria can be found in the HCM. The methodology for determining the LOS at signalized intersections strives to determine the volume to capacity (v/c) ratios for the various intersection movements as well as the average control delay for those movements. Delay is generally used to measure the degree of driver discomfort, frustration, fuel consumption, and lost time. Control delay, in particular, includes movements at slower speeds and stops on intersection approaches as vehicles move up in queue position or slow down upstream of an intersection. Aside from the overall quantity of traffic, three specific factors influence signalized intersection LOS. These include the type of signal operation provided, the signal phasing pattern, and the specific allocation of green time. The methodology for determining the LOS at unsignalized intersections strives to determine the potential capacities for the various vehicle movements and ultimately determines the average total delay for each movement. Potential Capacity represents the number of additional vehicles that could effectively utilize a particular movement, which is essentially the equivalent of the difference between the movement capacity and the existing movement volume. Total delay is described as the elapsed time from when a vehicle stops at the end of a queue until the vehicle departs from the stop line. Average total delay is simply the mean total delay over the entire. stream. A number of factors influence potential capacity and total delay including the availability/usefulness of gaps. 7 DOC. INDEX # H-3 40 960 20 27-441 2— 2042 —tei32 974 12 68 2 CASTLEVALE ROAD RIVER ROAD N 48Th AVE ENGLEWOOD AVENUE SITE KERN WAY tu W LINCOLN AVENUE „7"-----'N 1— V z 413 546 112 298 4Ij• 106 309—® f-575 125—+.41� �63 198 644 45 TOSCANA DEVELOPMENT H O z SUMMITVIEW AVENUE 218 772 24 164 lir 37 90-11. 4-230 38 l 151 95 826 72' 10 1047 22 244-1 63 a—Atli t �Is 16 960 33 HEATH & ASSOCIATES, INC EXISTING PM PEAK HOUR VOLUMES Transportation and Civil Engineering FIGURE 3 DOC. INDEX # H-3 • The range for intersection level of service is LOS A to LOS F with the former indicating the best operating conditions with low control delays and the latter indicating the worst conditions, with heavy control delays. Detailed descriptions of intersection LOS are given in the 2000 Highway Capacity Manual. LOS results for the key intersections can be found in Table 1. Level of service calculations were made through the use of the automated intersection analysis programs known as Signal -2000 and HCS -2000. These programs follow Chapters 16 and 17 procedures of the HCM for signalized and unsignalized intersection analysis. TABLE 1 Existing Level of Service Delays Given In Seconds Per Vehicle Intersection Control Geometry LOS Delay 40th Ave/Summitview Signal Southbound E 67.5 Westbound E 72.1 Northbound E 55.2 Eastbound E 63.0 Overall E 64.6 40th Ave/Englewood Signal Southbound C 25.3 Westbound C 25.8 Northbound C 21.9 Eastbound C 24.9 Overall C 24.2 40th Ave/Kern Stop Westbound E 43.9 Eastbound E 42.1 Northbound B 11.1 Southbound B 10.8 40th Ave/Castlevale Signal Southbound D 38.2 Westbound D 39.9 Northbound C 34.4 Eastbound D 38.5 Overall D 36.7 Castlevale/Fechter Stop Westbound A 9.2 Southbound A 7.4 As shown in the table, delays are generally moderate to capacity and range from LOS A to LOS E. The intersection of 40th Avenue & Summitview currently operates at LOS E indicating substantial traffic. The intersection is currently signalized with a high order of development. - - E. Non -Motorist Traffic Field observations during the PM peak hour indicate mild to moderate pedestrian activity along 40th Avenue. Based on the location and nature of the proposed development, minor pedestrian and bicycle traffic may be expected near the site. No significant conflicts between motorist and non -motorist traffic (i.e. vehicle/pedestrian and vehicle/bicycle) are anticipated near the site or at the outlying intersections. Off-site mitigation for non -motorized trips would not likely be required for this project though provision of sidewalks along the project frontage will facilitate pedestrian movement. F. Transit Service A review of the Yakima Transit service map shows that routes 3, 4, 7, and 9 travel along 40th Avenue and provide stops near the project. All four routes connect to the Yakima transit station and service is provided between 6:15 AM to 6:45 PM. Given the nature of the development and the location of bus stops a small number of project residents may use public transportation. G. Sight Distance at Access Driveways Examinations of the site access was made to determine whether adequate entering and stopping sight distance is provided for inbound and outbound project traffic. According to the AASHTO "Green Book", a minimum entering sight distance for a 25 mph design speed would be 280 feet. Horizontal curvature is the limiting factor in either direction along Castlevale Road. Sight distance should be adequate at the project access with over 300 feet available to the north and around 290 feet available to the south. The project should assure that sight distance is available at the project access during the design process. IV. FORECASTED TRAFFIC DEMAND A. Trip Generation Trip generation is used to determine the magnitude of project impacts on the surrounding street system. The trip generation data for the project was taken from the Institute of Transportation Engineer's publication Trip Generation, Eighth Edition. The designated land use for this project is defined as Single Family Detached Housing (LUC 210). The project will actually have the dwelling units attached in pairs. This land use code was selected because it is the closet representation of what will be constructed on site. ITE fitted equations were used. A summary of this data is given in Table 2 on the following page. Included are average daily traffic and AM and PM peak hour volumes. 10 DOC. INDEX # H-3 • TABLE 1 Project Trip Generation 66 Single Family Units Time Period Volume AWDT 709 vpd AM Peak Inbound 14 vph AM Peak Outbound 42 vph AM Peak Total 56 vph PM Peak Inbound 46 vph PM Peak Outbound 27 vph PM Peak Total 73 vph B. Trip Assignment and Distribution The destination and origination of future project traffic determines how vehicles at the site driveway and nearby major intersections will distribute to and from outlying areas. The trip assignment and distribution scheme developed for this project was used to determine the specific paths of travel for project traffic traveling to and from the site. Primary trips generated by the project are expected to follow the general trip pattern as shown in Figure 4 on the following page. Distribution percentages were based primarily on existing traffic patterns. C. Future Traffic Volumes With and Without the Project The owners of the project anticipate a completion date for the build out and occupation of this project by 2012. Future 2012 traffic volumes without the project were derived by applying a 2.0 percent annual growth rate to the volumes of Figure 3. This rate is based on historical growth that the area has experienced. Figure 5 represents 2012 traffic without the project (background growth) while Figure 6 represents 2012 traffic with Toscana Development project traffic added. 11 DOC. INDEX # H-3 fi) 7/7----2. 0 444 O 2 0 N 46111 AVE ENGLEWOOD AVENUE IO% 5% 23 0 0 SITE 37% 2% 25% RIVER ROAD CASTLEVALE ROAD F,p,/7// 8% KERN WAY 59% 0 14 0 O-411-1 O 2% 2% W LINCOLN AVENUE N 44THI AVE 2% N 4OTHIAVE 3% 7% SUMMITVIEW AVENUE 0-D .I-0 o-tti I 0 23 2 7 2 3 25% 1 13 0 11 o--® ®--o I / ‘.1 I �o 0 12 0 0 21 0 / TOSCANA DEVELOPMENT NEW PM PEAK HOUR TRIPS INBOUND: 46 VFH OUTBOUND: 27 VPH HEATH &ASSOCIATES, SdOc AEngNC onIneI TRIP DISTRIBUTION # ASSIGNMENT FIGURE 4 DOC. INDEX # 11-3 r42 1019 21 29 6'4-85 2—® 44-3 21—tli t iii -45 34 1034 13 1 72 2 ENGLEWOOD AVENUE W LINCOLN AVENUE N 48711 AVE 438 579 119 111 316 112 328—®-610 133—tairo-67 TOSCANA DEVELOPMENT 210 683 48 SUMMITVIEW AVENUE 231 819 25 17439 4-244 40� � 160 101 877 76 96—> 1 1111 IL233Q `67 0—® 4--0 rtr 17 1019 35 HEATH & ASSOCIATES, INC Transportation and Civil Engineering 2012 PM PEAK (HOUR VOLUMES WITHOUT PROJECT FIGURE 5 DOC. INDEX # H-3 2 35 26� I 44 74 63 1019 21 41--4411 b L55 2-®-3 35� � ro-45 57 1034 13 CASTLEVALE ROAD N 48Th AVE ENGLEWOOD AVENUE W LINCOLN AVENUE tu 1- 1- O SUMMITVIEW AVENUE I1 1125 23 2 b 67 0-14. t}-0 roi- 16 17 1042 35 440 586 121 320 115 325 A-610 133 � {0-67 210 695 45 TOSCANA DEVELOPMENT 232 832 25 175 40 96f 41- 244 40 kh 160 101 596 76 440,6 HEATH & ASSOCIATES, INC 201 2 PM PEAK HOUR VOLUMES WITH PROJECT Transportation and Civil Engineering 0 DOC. INDEX # 11-3 D. Future LOS With and Without the Project A level of service analysis was next made of the peak hour volumes with project generated trips applied. This analysis again used the Signal -2000 and HCS -2000 intersection analysis programs. Level of service results and accompanying approach delays are shown in Table 3. These results reflect 2012 future traffic conditions with and without project trips added to the street system. TABLE 3 Future 2012 Level of Service Delays given in seconds per vehicle Without Project With Project Intersection Control Geometry LOS Delay LOS Delay 40th/Summitview Signal Southbound F 83.1 F 85.4 Westbound F 87.8 F 90.3 Northbound E 59.9 E 60.7 Eastbound E 70.3 E 71.2 Overall E 75.8 E 77.5 40th/Engelwood Signal Southbound C 27.0 C 27.2 Westbound C 26.8 C 27.1 Northbound C 22.8 C 23.0 Eastbound C 28.1 C 28.8 Overall C 25.6 C 25.9 40th/Kern Stop Westbound F 64.1 F 69.5 Eastbound F 52.3 F 54.9 Northbound B 11.5 B 11.6 Southbound B 11.1 B 11.3 40th/Castlevale Signal Southbound C 34.3 D 38.4 Westbound D 44.0 D 44.4 Northbound C 30.7 C 29.9 Eastbound D 40.8 D 42.1 Overall C 33.5 D 35.1 Castlevale/Fechter Stop Westbound A 9.2 A 9.2 Southbound A 7.4 A 7.4 Castlevale/Entrance Stop ' Eastbound A 8.6 Northbound A 7.3 As shown in the table, future 2012 delays are expected to be moderate to heavy with some intersections having experiencing LOS F in some directions. The analysis shows that project traffic would not create a significant impact on delays and LOS. The two intersections that are expected to experience LOS F delays will have these delays with or without project traffic. 15 DOC. INDEX # H-3 The 40th Avenue & Summitview intersection is expected to have the highest delays. These delays are due in part to large volumes in general, but specifically large turning movements for all four legs of traffic. Project traffic only accounts for 0.8 percent of the total traffic at the intersection and the highest increase in delay associated with project traffic is only 2.5 seconds for any given leg of the intersection. All traffic is assumed to use the Castlevale entrance as some limitations could be implemented at the Kern access. E. Left Turn Lane Warrants Left turn lanes are a means of providing necessary storage space for left turning vehicles at intersections. There is currently a two-way left turn lane that is available for Toscana traffic, therefore no analysis was required. Y. SUMMARY & MITIGATION The Toscana Development project will add 66 attached single family dwelling units to the City of Yakima. The project is located across from the Castlevale Road & Seattle Slew Run intersection. During the PM peak hour, the project may be expected to generate 73 trips. Roughly 709 daily trips would be generated by the project. Current delays for the key intersections are generally mild to moderate. Pedestrian traffic is not expected to have any significant impact an vehicular traffic. Transit service is provided along 40th Avenue. The project will have one access onto Castlevale Road and adequate sight distance appears to be available. The proposed access to Kern is proposed to have limitations as to traffic movements. A two-way left turn lane is available across the project entrance. Future delays are shown in Table 3. For future 2012 traffic volumes high delays up to LOS F may be expected. The increase in delays caused by project traffic, however, are nominal. Project traffic is shown to not significantly impact any of the studied intersections and no mitigation is required to alleviate project related impacts. 16 DOC. INDEX # H-3 • TOSCANA DEVELOPMENT TRAFFIC IMPACT ANALYSIS APPENDIX 17 DOC. INDEX # A-3 LEVEL OF SERVICE The following are excerpts from the 2000 Highway Capacity Manual - Transportation Research Board Special Report 209. Quality of service requires quantitative measures to characterize operational conditions within a traffic stream. Level of service (LOS) is a quality measure describing operational conditions within a traffic stream, generally in terms of such service measures as speed and travel time, freedom to maneuver, traffic interruptions, and comfort and convenience. Six LOS are defined for each type of facility that has analysis procedures available. Letters designate each level, from A to F, with LOS A representing the best operating conditions and LOS F the worst. Each level of service represents a range of operating conditions and the driver's perception of those conditions. Level -of -Service definitions The following definitions generally define the various levels of service for arterials. Level of service A represents primarily free-flow operations at average travel speeds, usually about 90 percent of the free-flow speed for the arterial classification. Vehicles are seldom impeded in their ability to maneuver in the traffic stream. Delay at signalized intersections is minimal. Level of service B represents reasonably unimpeded operations at average travel speeds, usually about 70 percent of the free-flow speed for the arterial classification. The ability to maneuver in the traffic stream is only slightly restricted and delays are not bothersome. Level of service C represents stable operations; however, ability to maneuver and change lanes in midblock locations may be more restricted than in LOS B, and longer queues, adverse signal coordination, or both may contribute to lower average travel speeds of about 50 percent of the average free-flow speed for the arterial classification. Level of service D borders on a range in which small increases in flow may cause substantial increases in approach delay and hence decreases in arterial speed. LOS D may be due to adverse signal progression, inappropriate signal timing, high volumes, or some combination of these. Average travel speeds are about 40 percent of free-flow speed. Level of service E is characterized by significant delays and average travel speeds of one- third the free-flow speed or less. Such operations are caused by some combination of adverse progression, high signal density, high volumes, extensive delays at critical intersections, and inappropriate signal timing. 18 DOC. INDEX # • • Level of service F characterizes arterial flow at extremely low speeds, from less than one- third to one-quarter of the free-flow speed. Intersection congestion is likely at critical signalized locations, with long delays and extensive queuing. These definitions are general and conceptual in nature, and they apply primarily to uninterrupted flow. Levels of service for interrupted flow facilities vary widely in terms of both the user's perception of service quality and the operational variables used to describe them. For each type of facility, levels of service are defined based on one or more operational parameters that best describe operating quality for the subject facility type. While the concept of level of service attempts to address a wide range of operating conditions, limitations on data collection and availability make it impractical to treat the full range of operational parameters for every type of facility. The parameters selected to define levels of service for each facility type are called "measures of effectiveness" or "MOE's", and represent available measures that best describe the quality of operation on the subject facility type. Each level of service represents a range of conditions, as defined by a range in the parameters given. Thus, a level of service is not a discrete condition, but rather a range of conditions for which boundaries are established. The following tables describe levels of service for signalized and unsignalized intersections. Level of service for signalized intersections is defined in terms of average control delay. Delay is a measure of driver discomfort, frustration, fuel consumption and lost travel time, as well as time from movements at slower speeds and stops on intersection approaches as vehicles move up in queue position or slow down upstream of an intersection. Level of service for unsignalized intersections is determined by the computed or measured control delay and is determined for each minor movement. Signalized Intersections - Level of Service Control Delay per Level of Service Vehicle (sec) A<_10 B >l0and <_20 C >20 and 5_35 D >35 and <_55 E >55and <_80 F > 80 19 DOC. INDEX # H-3 Unsignalized Intersections - Level of Service Average Total Delay Level of Service per Vehicle (sec) A<_10 B >l0and <_15 C >15and 5__25 D > 25 and 5_35 E > 35 and ___50 F >50 As described in the 2000 Highway Capacity Manual, level of service breakpoints for all - way stop controlled (AWSC) intersections are somewhat different than the criteria used for signalized intersections. The primary reason for this difference is that drivers expect different levels of performance fromdistinct kinds of transportation facilities. The expectation is that a signalized intersection is designed to carry higher traffic volumes than an AWSC intersection. Thus a higher level of control delay is acceptable at a signalized intersection for the same level of service. AWSC Intersections - Level of Service Average Total Delay Level of Service per Vehicle (sec) A s10 B >10and 5__15 C >15and <_25 D > 25 and 535 E >35and <_50 F >50 20 • DOC. I DEX # H-3 Summary of Trip Generation Calculation 0 For 66 Dwelling Units of Single Family Detached Housing April 17, 2009 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 10.75 0.00 7-9 AM Peak Hour Enter 0.21 0.00 7-9 AM Peak Hour Exit 0.64 0.00 7-9 AM Peak Hour Total 0.85 0.00 4-6 PM Peak Hour Enter 0.69 0.00 4-6 PM Peak Hour Exit 0.41 0.00 4-6 PM Peak Hour Total 1.10 0.00 AM Pk Hr, Generator, Enter 0.23 0.00 AM Pk Hr, Generator, Exit 0.66 0.00 AM Pk lir, Generator, Total 0.89 0.00 PM Pk Hr, Generator, Enter 0.72 0.00 PM Pk Hr, Generator, Exit 0.40 0.00 PM Pk Hr, Generator, Total 1.12 0.00 Saturday 2 -Way Volume 10.81 0.00 Saturday Peak Hour Enter 0.55 0.00 Saturday Peak Hour Exit 0.49 0.00 Saturday Peak Hour Total 1.03 0.00 Sunday 2 -Way Volume 8.64 0.00 Sunday Peak Hour Enter 0.52 0.00 Sunday Peak Hour Exit 0.46 0.00 Sunday Peak Hour Total1110 0.97 0.00' Note: A zero indicates no data The above rates were calculated 24 -Hr. 2 -Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2 -Way Volume: Sat. Pk Hr. Total: Sun. 2 -Way Volume: Sun. Pk Hr. Total: 1.00 709 1.00 14 1.00 42 1.00 56 1.00 46 1.00 27 1.00 1.00 15 1.00 43 1.00 59 1.00 47 1.00 27 1.00 74 1.00 713 1.00 36 1.00 32 1.00 68 1.00 570 1.00 34 1.00 30 1.00 64 available. from these equations: LN(T) = .92LN(X) + 2.71, R^2 = 0.96 T = .7(X) + 9.74 R^2 = 0.89 , 0.25 Enter, 0.75 Exit LN(T) = .9LN(X) + .51 R^2 = 0.91 , 0.63 Enter, 0.37 Exit T = .7(X) + 12.37 R^2 = 0.89 , 0.26 Enter, 0.74 Exit LN(T) = .88LN(X) + .62 R^2 = 0.91 , 0.64 Enter, 0.36 Exit LN(T) = .95LN(X) + 2.59, R^2 = 0.92 T = .89(X) + 9.56 R^2 = 0.91 , 0.53 Enter, 0.47 Exit T = 8.84(X) + -13.31, R^2 = 0.94 LN(T) = .91LN(X) + .35 R^2 = 0.87 , 0.53 Enter, 0.47 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS DOC. INDEX # II -3 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitl : 0000 : 2/11/2008 :1 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 107 105 103 91 406 783 37.0 12.0 156 131 145 135 567 1126 53.2 17.2 26 35 22 19 102 209 9.9 3.2 23 28 23 16 90 178 13.5 2.7 154 193 110 88 545 1019 77.2 15.6 12 22 16 12 62 123 9.3 1.9 13 10 9 7 39 81 4.9 1.2 170 133 155 110 568 1203 72.6 18.4 56 46 46 35 183 374 22.6 5.7 32 22 29 28 111 232 16.1 3.5 74 89 84 87 334 652 45.2 10.0 m r m M N 40TH AVE N Out In Total 1 21181 1 7831 11261 2091 Right Thru Left a.J 1 �-P 1 19401 1 40581 North `1/1112008 4:00:00 PM 2/11/2008 5:45:00 PM Unshifted Left Thal Right 1 3741 12031 811 1 1 16581 Out In Total 40TH AVE 11 1 14811 1 31391 `---t0� CO 0 (0 A N CO 0 0 c C o m 69 81 53 62 265 559 38.7 8.5 892 895 795 690 3272 6539 • 40TH AVE N ----r- • .n wvu SUMMITVIEW AVE VIIJ1111I A 40TH AVE N SUMMITVIEW AVE Southbound Westbound Northbound Eastbound Start Time Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 , 1.0 04:00 PM 04:15 PM 79 147 26 18 128 18 9 155 59 27 83 71 820 04:30 PM 97 153 30 15 118 14 11 139 36 23 89 75 800 04:45 85 125 20 24 133 11 8 163 41 45 80 79 814 PM 116 134 31 31 95 18 14 178 55 26 66 69 833 Total 377 559 107 88 474 61 42 635 191 121 318 294 3267 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 107 105 103 91 406 783 37.0 12.0 156 131 145 135 567 1126 53.2 17.2 26 35 22 19 102 209 9.9 3.2 23 28 23 16 90 178 13.5 2.7 154 193 110 88 545 1019 77.2 15.6 12 22 16 12 62 123 9.3 1.9 13 10 9 7 39 81 4.9 1.2 170 133 155 110 568 1203 72.6 18.4 56 46 46 35 183 374 22.6 5.7 32 22 29 28 111 232 16.1 3.5 74 89 84 87 334 652 45.2 10.0 m r m M N 40TH AVE N Out In Total 1 21181 1 7831 11261 2091 Right Thru Left a.J 1 �-P 1 19401 1 40581 North `1/1112008 4:00:00 PM 2/11/2008 5:45:00 PM Unshifted Left Thal Right 1 3741 12031 811 1 1 16581 Out In Total 40TH AVE 11 1 14811 1 31391 `---t0� CO 0 (0 A N CO 0 0 c C o m 69 81 53 62 265 559 38.7 8.5 892 895 795 690 3272 6539 • Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 40TH AVE N SUMMITVIEW AVE Southbound File Name Site Code Start Date Page No : untitled 1 :00002937 : 2/11/2008 :2 40TH AVE N SUMMITVIEW AVE Start Time Peak Hnur Frnm Right nd•nn Thru PM to Left nr,•dF App' DIMA _ ['mot, Right 1 .s 1 Thru Left API)* TotalTotal Riaht Right Thru` ,1l11 Ill y Left �� Right Thru- -- unu ��Left App.Int. Total Intersection 04:30 PM Volume 413 546 112 1071 Percent 38.6 51.0 10.5 05:15 105 131 35 271 Volume Peak Factor High Int. 05:00 PM Volume 107 156 26 289 Peak Factor 0.926 106 575 63 744 14.2 77.3 8.5 28 193 22 243 05:15 PM 28 193 22 243 0.765 45 644 198. 887 5.1 72.6 22.3 10 133 46 189 04:45 PM 14 178 55 247 0.898 125 309 298 17.1 42.2 40.7 22 89 81 732 192 04:30 PM 45 80 79 204 0.897 To w f— _ C 2 cnO co co IF co N 0) 1.11 I I 40TH AVE N Out In Total 10481 1 10711 1 1 4131 5461 1121 Rip Tr Left 41 4 1 1 21191 1 North 2/11/20084:30:00 PM 21 1/2008 5:15:00 PM Unshifted r Left Thru Right 1 1981 6441 451 1 73x1 1 8871 Out In Total 40TH AVE N 1 16211 Fon DOC. INDEX # H-3 3434 895 0.959 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitle : 00001, : 2/11 /2008 :1 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch-% Total % 57 57 58 39 211 417 21.4 8.3 217 186 157 160 720 1483 76.2 29.5 5 8 2 2 17 46 2.4 0.9 8 7 10 1 26 64 9.0 1.3 76 54 57 27 36 30 30 21 199 132 367 51.7 7.3 279 39.3 5.6 21 17 23 14 75 161 9.1 3.2 218 202 168 139 727 1464 82.4 29.2 16 34 13 20 83 151 8.5 3.0 10 7 14 8 39 77 13.1 1.5 18 25 13 21 77 178 30.2 3.5 N N R. I 40AVE N 01 l 1 1'461 1ut In T�1 1 4171 14831 1461 iuT 2/11/2008 4:00:00 PM 2/1112008 5:45:00 PM Unshifted 47 T r 1 Left Tr a1l 1611 1 18391 1 17761 Out to Total 40 AVE N 1 1 36151 V V t0 w N 0 0 w N 46 43 34 47 170 335 56.8 6.7 DOC. INDEX # H-3 746 670 558 502 2476 5022 40 AVE N Southbound ENGLEWOOD AVE Westbound _ ~ 40 AVE N Northbound ENGLEWOOD AVE Eastbound Start Time Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 45 181 10 9 37 50 33 158 14 8 31 49 625 04:15 PM 57 213 8 7 34 27 19 173 9 9 23 41 620 04:30 PM 50 178 4 11 48 37 16 208 21 6 21 36 636 04:45 PM 54 191 7 11 49 33 18 198 24 15 26 39 665 Total 206 763 29 38 168 147 86 737 68 38 101 165 2546 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch-% Total % 57 57 58 39 211 417 21.4 8.3 217 186 157 160 720 1483 76.2 29.5 5 8 2 2 17 46 2.4 0.9 8 7 10 1 26 64 9.0 1.3 76 54 57 27 36 30 30 21 199 132 367 51.7 7.3 279 39.3 5.6 21 17 23 14 75 161 9.1 3.2 218 202 168 139 727 1464 82.4 29.2 16 34 13 20 83 151 8.5 3.0 10 7 14 8 39 77 13.1 1.5 18 25 13 21 77 178 30.2 3.5 N N R. I 40AVE N 01 l 1 1'461 1ut In T�1 1 4171 14831 1461 iuT 2/11/2008 4:00:00 PM 2/1112008 5:45:00 PM Unshifted 47 T r 1 Left Tr a1l 1611 1 18391 1 17761 Out to Total 40 AVE N 1 1 36151 V V t0 w N 0 0 w N 46 43 34 47 170 335 56.8 6.7 DOC. INDEX # H-3 746 670 558 502 2476 5022 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitled1 :00002937 : 2/11/2008 :2 Intersection 04:30 PM Volume 218 772 24 1014 Percent 21.5 76.1 2.4 05:00 57 217 5 279 Volume Peak Factor High Int. 05:00 PM Volume 57 217 5 279 Peak Factor 0.909 37 230 151 418 8.9 55.0 36.1 8 76 54 138 05:00 PM 8 76 54 138 0.757 72 826 95 993 7.3 83.2 9.6 21 218 16 255 05:00 PM 21 218 16 255 0.974 38 90 164 13.0 30.8 56.2 10 18 46 292 74 04:45 PM 15 26 39 80 0.913 co co N 0) CO D: 40 AVE N Out In Total 1 10141 1 1 2181 7721 1241 t�M Thar1 Left 1 10271 1111 T lL 2/11/2008 4:30:00 PM 2111/2008 5:15:00 PM Unshifted 41 T 1-4 Left Thru Rlgtd 1 951 8261 1721 1 99;11 Out In Total 40 AVE N 1 9611 1 19541 .1 w 0 m 0 A 0 am z 0 0 om r DOC. INDEX # H-3 2717 746 0.911 40 AVE N Southbound ENGLEWOOD AVE Westbound 40 AVE N Northbound ENGLEWOOD AVE Eastbound Start Time Deno nr 4AnCrnm Right 11A•nn Thru ORA {n LeftAmu n=. AK Total DNA In ......I. Right .1 ..a 4 Thru Left Tpota' Right Thru Left Total Right Thru Left App. Total Int. Total Intersection 04:30 PM Volume 218 772 24 1014 Percent 21.5 76.1 2.4 05:00 57 217 5 279 Volume Peak Factor High Int. 05:00 PM Volume 57 217 5 279 Peak Factor 0.909 37 230 151 418 8.9 55.0 36.1 8 76 54 138 05:00 PM 8 76 54 138 0.757 72 826 95 993 7.3 83.2 9.6 21 218 16 255 05:00 PM 21 218 16 255 0.974 38 90 164 13.0 30.8 56.2 10 18 46 292 74 04:45 PM 15 26 39 80 0.913 co co N 0) CO D: 40 AVE N Out In Total 1 10141 1 1 2181 7721 1241 t�M Thar1 Left 1 10271 1111 T lL 2/11/2008 4:30:00 PM 2111/2008 5:15:00 PM Unshifted 41 T 1-4 Left Thru Rlgtd 1 951 8261 1721 1 99;11 Out In Total 40 AVE N 1 9611 1 19541 .1 w 0 m 0 A 0 am z 0 0 om r DOC. INDEX # H-3 2717 746 0.911 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name : untitle Site Code : 0000 Start Date : 2/11/2008 Page No : 1 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total 4 290 3 1 248 4 0 223 7 2 212 2 7 973 16 Grand Total 14 1966 40 Apprch °% 0.7 97.3 2.0 Total °% 0.3 48.4 1.0 • 25 0 2 7 0 5 9 2 1 10 0 1 51 2 9 100 2 27 77.5 1.6 20.9 2.5 0.0 0.7 12 260 5 14, 238 1 6 221 3 4 181 1 36 900 10 66 1808 24 3.5 95.3 1.3 1.6 44.5 0.6 2 0 0 0 0 3 1 0 0 1 0 1 4 0 4 6 42.9 0.1 1 7 7.1 50.0 0.0 0.2 v 40TH AVE N Out In Total 1 20201 1 1 (141 19661 1401 Right Thru Left 1 19151 1 3935 ] North 2/11/2008 4:00:00 PM 2111/2008 5:45:00 PM Unshifted � T r Left Thru Right 1 1241 18081 1661 1 1 18981 Out In Total 40TH AVE N 1 19991 1 3897 ] DOC. INDEX # H-3 603 521 473 415 2012 4061 O 40TH AVE N Southbound KERN RD Westbound 40TH AVE N Northbound KERN RD Eastbound Start Time Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 1 236 5 11 0 5 9 208 3 0 1 1 480 04:15 PM 1 271 9 14 0 6 5 209 4 1 0 2 522 04:30 PM 5 240 5 11 0 6 10 247 6 0 0 0 530 04:45 PM 0 246 5 13 0 1 6 244 1 1 0 0 517 Total 7 993 24 49 0 18 30 908 14 2 1 3 2049 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total 4 290 3 1 248 4 0 223 7 2 212 2 7 973 16 Grand Total 14 1966 40 Apprch °% 0.7 97.3 2.0 Total °% 0.3 48.4 1.0 • 25 0 2 7 0 5 9 2 1 10 0 1 51 2 9 100 2 27 77.5 1.6 20.9 2.5 0.0 0.7 12 260 5 14, 238 1 6 221 3 4 181 1 36 900 10 66 1808 24 3.5 95.3 1.3 1.6 44.5 0.6 2 0 0 0 0 3 1 0 0 1 0 1 4 0 4 6 42.9 0.1 1 7 7.1 50.0 0.0 0.2 v 40TH AVE N Out In Total 1 20201 1 1 (141 19661 1401 Right Thru Left 1 19151 1 3935 ] North 2/11/2008 4:00:00 PM 2111/2008 5:45:00 PM Unshifted � T r Left Thru Right 1 1241 18081 1661 1 1 18981 Out In Total 40TH AVE N 1 19991 1 3897 ] DOC. INDEX # H-3 603 521 473 415 2012 4061 O Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitled 1 :00002937 : 2/11/2008 :2 Intersection Volume Percent 05:00 Volume Peak Factor High Int. Volume Peak Factor 04:15 PM 10 1047 0.9 97.0 4 290 05:00 PM 4 290 22 1079 2.0 3 297 3 297 0.908 63 0 15 78 80.8 0.0 19.2 25 0 2 27 05:00 PM 25 0 27 0.722 33 960 16 1009 3.3 95.1 1.6 12 260 5 277 05:00 PM 12 260 5 277 0.911 4 0 2 66.7 0.0 33.3 2 0 0 6 2 04:15 PM 1 0 2 3 0.500 W 1- 0 IX Z 0 o N 7.1 0 m� 2 h 40TH AVE N Out In Total 1 10791 I 1101 10471 221 Right Tr L�t a -J 1 I 10251 r 21041 North 2/11/2008 4:15:00 PM 2/11/2008 5:00:00 PM Unshifted 47 T r Left Thru Right 1 1161 9601 1331 1 1 10091 Out In Total 40TH AVE N 1 10661 1 20751 .ZI 7 W w w 4-- c 0 N m 0 .C. m sz cr a DOC. INDEX # H-3 2172 603 0.900 40TH AVE N Southbound KERN RD Westbound 40TH AVE N Northbound KERN RD Eastbound Start Time Po74 Hni it Frnrr% Right ne•flfl Thru DPA fn Lefta� flr.-AG TotTotal DAA _ D....l. Right 1of 4 Thru Left TotalApp. Right Thru Left APP- Right Thru Left App. Total Int. Total Intersection Volume Percent 05:00 Volume Peak Factor High Int. Volume Peak Factor 04:15 PM 10 1047 0.9 97.0 4 290 05:00 PM 4 290 22 1079 2.0 3 297 3 297 0.908 63 0 15 78 80.8 0.0 19.2 25 0 2 27 05:00 PM 25 0 27 0.722 33 960 16 1009 3.3 95.1 1.6 12 260 5 277 05:00 PM 12 260 5 277 0.911 4 0 2 66.7 0.0 33.3 2 0 0 6 2 04:15 PM 1 0 2 3 0.500 W 1- 0 IX Z 0 o N 7.1 0 m� 2 h 40TH AVE N Out In Total 1 10791 I 1101 10471 221 Right Tr L�t a -J 1 I 10251 r 21041 North 2/11/2008 4:15:00 PM 2/11/2008 5:00:00 PM Unshifted 47 T r Left Thru Right 1 1161 9601 1331 1 1 10091 Out In Total 40TH AVE N 1 10661 1 20751 .ZI 7 W w w 4-- c 0 N m 0 .C. m sz cr a DOC. INDEX # H-3 2172 603 0.900 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitle : 0000 : 2/11/2008 :1 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 8 14 7 13 42 93 4.7 2.2 263 253 212 200 928 1829 93.1 44.1 5 4 5 2 16 42 2.1 1.0 30 15 15 10 70 137 63.7 3.3 0 0 1 0 1 6 2.8 0.1 12 7 5 4 28 72 33.5 1.7 2 3 1 0 6 26 1.4 0.6 273 250 216 186 925 1787 95.6 43.1 3 6 4 9 22 57 3.0 1.4 1 4 0 7 12 42 42.9 1.0 0 0 0 0 0 2 2.0 0.0 m N N et 40TH AVE N Out In Total 1 19641 1 1 1931 18291 1421 Right Thru Left 1 19781 1 39421 North 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Unshifted r Left Thru Right 1 571 17871 1261 1 1 18701 Out In Total 40TH AVE N 1 19431 1 38131 2 m w V m N J 0 8 6 6 5 25 54 55.1 1.3 DOC. INDEX # H-3 605 562 472 436 2075 4147 O 40TH AVE N Southbound CASTLEVALE RD Westbound 40TH AVE N Northbound CASTLEVALE RD Eastbound Start Time Right Thru Left Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 13 202 7 20 2 14 9 202 7 8 0 6 490 04:15 PM 20 255 8 12 0 7 4 209 5 7 0 10 537 04:30 PM 7 219 8 15 1 10 4 228 18 7 0 6 523 04:45 PM 11 225 3 20 2 13 3 223 5 8 2 7 522 Total 51 901 26 67 5 44 20 862 35 30 2 29 2072 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 8 14 7 13 42 93 4.7 2.2 263 253 212 200 928 1829 93.1 44.1 5 4 5 2 16 42 2.1 1.0 30 15 15 10 70 137 63.7 3.3 0 0 1 0 1 6 2.8 0.1 12 7 5 4 28 72 33.5 1.7 2 3 1 0 6 26 1.4 0.6 273 250 216 186 925 1787 95.6 43.1 3 6 4 9 22 57 3.0 1.4 1 4 0 7 12 42 42.9 1.0 0 0 0 0 0 2 2.0 0.0 m N N et 40TH AVE N Out In Total 1 19641 1 1 1931 18291 1421 Right Thru Left 1 19781 1 39421 North 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Unshifted r Left Thru Right 1 571 17871 1261 1 1 18701 Out In Total 40TH AVE N 1 19431 1 38131 2 m w V m N J 0 8 6 6 5 25 54 55.1 1.3 DOC. INDEX # H-3 605 562 472 436 2075 4147 O Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitled 1 :00002937 : 2/11/2008 :2 Intersection 04:30 PM Volume 40 960 20 1020 Percent 3.9 94.1 2.0 05:00 8 263 5 276 Volume Peak Factor High Int. 05:00 PM Volume 8 263 5 276 Peak Factor 0.924 80 3 42 125 64.0 2.4 33.6 30 0 12 42 05:00 PM 30 0 12 42 0.744 12 974 32 1018 1.2 95.7 3.1 2 273 3 278 05:00 PM 2 273 3 278 0.915 20 2 27 40.8 4.1 55.1 1 0 8 49 9 04:45 PM 8 2 7 17 0.721 0, n N 0 N h I 40TH AVE N Out In Total 1081 1 10201 1 401 9601 201 1 Thn L I 1 21 01 1 2/11/2008 4:30:00 PM 2/11/2008 5:15:00 PM Unshifed 1 1 r' Left Thru Right 1 321 9741 121 10221 1 10181 Out In Total 40111 AVE N 1 2 0401 ttOA A 2 m O N A DOC. INDEX # H-3 2212 605 0.914 40TH Southbound AVE N CASTLEVALE RD Westbound 40TH AVE N Northbound CASTLEVALE RD Eastbound Start Time Right Thru Left APP' Right Thru Left TPP- Right Thru Left App' Total Right Thru Left App• Total Int. Total. Peak Hour From 04:00 PM to 05:45 PM - PPak 1 of 1 Intersection 04:30 PM Volume 40 960 20 1020 Percent 3.9 94.1 2.0 05:00 8 263 5 276 Volume Peak Factor High Int. 05:00 PM Volume 8 263 5 276 Peak Factor 0.924 80 3 42 125 64.0 2.4 33.6 30 0 12 42 05:00 PM 30 0 12 42 0.744 12 974 32 1018 1.2 95.7 3.1 2 273 3 278 05:00 PM 2 273 3 278 0.915 20 2 27 40.8 4.1 55.1 1 0 8 49 9 04:45 PM 8 2 7 17 0.721 0, n N 0 N h I 40TH AVE N Out In Total 1081 1 10201 1 401 9601 201 1 Thn L I 1 21 01 1 2/11/2008 4:30:00 PM 2/11/2008 5:15:00 PM Unshifed 1 1 r' Left Thru Right 1 321 9741 121 10221 1 10181 Out In Total 40111 AVE N 1 2 0401 ttOA A 2 m O N A DOC. INDEX # H-3 2212 605 0.914 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name : untitle Site Code : 0000 Start Date : 2/11/2 Page No : 1 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total 0 0 0 0 0 7 6 5 13 31 Grand Total 0 68 Apprch % 0.0 98.6 Total % 0.0 33.8 0 0 0 0 0 1 1.4 0.5 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 1 0 3 25.0 0.0 75.0 0.5 0.0 1.5 1 10 0 1 18 0 0 13 0 0 23 0 2 64 0 4 124 0 3.1 96.9 0.0 2.0 61.7 0.0 FECHTER RD Out In Total 691 l 1 1681 11 Thni Left 1 1251 1 1941 1 North 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Group 1 711 T r' Thru Right 1241 41 1 1281 Out In Total CASTLEVALE RD 1 1991 N z m DOC. INDEX # H-3 18 27 18 36 99 201 FECHTER RD Southbound FECHTER RD Westbound CASTLEVALE RD Northbound Start Time Right Thru Left Right Thru Left Right Thru Left Int. Total Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 04:00 PM 04:15 PM 04:30 PM 04:45 PM 0 0 0 0 7 12 7 11 0 0 0 1 0 0 0 1 0 0 0 0 0 1 0 0 2 0 0 0 10 10 23 17 0 0 0 0 19 23 30 30 Total 0 37 1 1 0 1 2 60 0 1n2 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total 0 0 0 0 0 7 6 5 13 31 Grand Total 0 68 Apprch % 0.0 98.6 Total % 0.0 33.8 0 0 0 0 0 1 1.4 0.5 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 1 0 3 25.0 0.0 75.0 0.5 0.0 1.5 1 10 0 1 18 0 0 13 0 0 23 0 2 64 0 4 124 0 3.1 96.9 0.0 2.0 61.7 0.0 FECHTER RD Out In Total 691 l 1 1681 11 Thni Left 1 1251 1 1941 1 North 2/11/2008 4:00:00 PM 2/11/2008 5:45:00 PM Group 1 711 T r' Thru Right 1241 41 1 1281 Out In Total CASTLEVALE RD 1 1991 N z m DOC. INDEX # H-3 18 27 18 36 99 201 Heath & Associates, Inc. 2214 Tacoma Road Puyallup, WA 98371 File Name Site Code Start Date Page No : untitled 1 :00002937 : 2/11/2008 :2 FECHTER RD FECHTER RD CASTLEVALE RD Start Time Peak Hour From rld•rlr1 Right PM Thru h DR -A4 ----- Left DM _ DI To�� i .,a 4 Right ^GJ"'V Thru ..411V Left - ATopal Right ntorinoouna Thru Left App' TOtal Iint. Total Intersection Volume Percent 04:45 Volume Peak Factor High Int. Volume Peak Factor 04:30 PM O 31 1 0.0 96.9 3.1 O 11 1 04:45 PM O 11 1 32 12 12 0.667 1 0 2 0.0 66.7 1 0 0 33.3 05:15 PM 0 3 1 2 0.375 2 68 0 2.9 97.1 0.0 0 17 0 04:30 PM 0 23 0 FECHTER RD Out In Total 691 321 1 1311 111 Thru Left 1 1011 1 1► North 2/11/20084:30:00 PM 2/11/2008 5:15:00 PM Group 1 T 14 Thru Right 1 1681 21 1 331 I 701 Out In Total CASTLEVALE RD 1 1031 t_thm 3 m 70 17 23 0.761 DOC. INDEX # H-3 105 30 0.875 TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE EXISTING PM PEAK HOUR VOLUMES 02/26/08 09:59:09 O SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 1 11 1 Key: VOLUMES -- > I 413 I 546 1 112 11 1 1 WIDTHS I 0.0 1 24.0 1 12.0 11 I v LANES 1 0 1 2 1 1 11 1 1 1 11 \ 106 0.0 0 / 1 \ /I\ 575 24.0 2 1 1 298 12.0 1 / + / 63 12.0 1 North 309 24.0 2 -- 125 12.0 1 \ 1 198 1 644 1 45 1 Phasing: SEQUENCE 44 1 1 12.0 1 24.0 1 0.0 i PERMSV NNNN I I 1 1 2 1 0 1 OVERLPNNNN 1 1 1 1 I LEADLAG LD LD SBWBEB RT TH TH LT RT TH LT RT TH TH LT RT TH TH Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 .5 .5 .5 1.0 1.0 1.0 Pk -hr fact, PHF .93 .93 .93 .77 .77 .77 .90 .90 .90 .90 .90 .90 Pretimed or Act A A A A A. A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /1\ 1 1 North +> <* * * * * <* * * * v C=120"I G= 14.7" I G= 37.0" 1 G= 22.2" I G= 30.1" 1 G= 0.0" 1 G= 0.0" 1 I Y+R= 4.0" I Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 0.0" I Y+R= 0.0" 1 DOC. INDEX # H-3 TOSCANA DEVELOPMENT ilvN 40TH AVENUE & SUMMITVIEW AVENUE ISTING PM PEAR HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV AllGrade, fg arking, fp IiiBus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s SB RT TH LT 413 546 112 .93 .93 .93 444 587 120 RT+TH LT 1031 120 .000 1.00 .431 .000 SB RT TH LT 1900 1900 2 1 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .935 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3350 1787 WB RT TH LT 106 575 63 .77 .77 .77 138 747 82 RT+TH LT 885 82 .000 1.00 .156 .000 WB RT TH LT 1900 1900 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .977 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3533 1805 NB RT TH 02/26/08 09:59:09 EB LT RT .TH 45 .90 50 644 .90 716 198 .90 220 LT 100 309 298 .90 .90 .90 111 343 331 RT+TH LT RT TH LT 766 220 111 343 331 .000 1.00 .000 .000 1.00 . 065 .000 1.000 .000 .000 RT NB. TH EB LT RT TH LT 1900 2 1.000 .995 1.000 1.000 1.000 1.000 . 952 1.000 .990 1.000 1.000 1.000 3564 1900 1 1.00 .995 1.00 1.00 1.00 1.00 1.00 .950 1.00 1.00 1.00 1.00 1796 SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis SB RT TH LT Lane group, LG RT+TH LT Adj Flow, v 1031 120 Satflow, s 3350 1787 Lost time, tL 4.0 4.0 Effect green, g 37.0 14.7 Grn ratio, g/C .308 .123 LG capacity, c 1032 219 v/c ratio, X .999 .548 Flow ratio, v/s .308 .067 •rit lane group Sum crit v/s,Yc 0.866 Crit v/c, Xc .999 WB RT TH LT RT+TH LT 885 82 3533 1805 4.0 4.0 30.1 22.2 .251 .185 886 335 .999 .245 .250 .045 * Total lost, L RT NB TH LT RT+TH LT 766 220 3564 179.6 4.0 4.0 37.0 14.7 . 308 .123 1098 220 .698 1.00 .215 .122 * 16.0 1900 1 1.000 .990 1.000 1.000 1.000 1.000 1.000 1.000 .850 1.000 1.000 1.000 1599 1900 1900 2 1 1.00 1.00 .990 .990 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 .952 1.00 1.00 .950 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3582 1787 EB RT TH LT RT TH LT 111 343 331 1599 3582 1787 4.0 4.0 4.0 30.1 30.1 22.2 .251 .251 .185 401 898 331 .277 .382 1.00 .069 .096 .185 DOC. INDEX # H-3 _ TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE EXISTING PK PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA Approach LOS Appr flow, vA SB RT TH LT RT+TH LT 1031 120 1032 219 .999 .548 .308 .123 41.5 49.5 .50 .15 27.8 2.9 .0 .0 .0 .0 1.00 1.00 69.3 52.4 E D O 0 67.5 E 1151 WB RT TH NB LT RT TH LT RT+TH LT 885 82 886 335 .999 .245 .251 .185 44.9 41.7 .50 .11 29.9 .4 .0 .0 .0 .0 1.00 1.00 74.9 42.1 E D+ O 0 72.1 E 967 Intersection: Delay 64.6 LOS E+ RT+TH LT 766 220 1098 220 .698 1.00 .308 .123 36.6 52.6 .26 .50 2.0 60.7 .0 .0 .0 .0 1.00 1.00 38.6 113 D+ F O 0 55.2 E+ 986 02/26/08 09:59 : EB RT TH LT RT 111 401 .277 .251 36.2 .11 .4 .0 .0 1.00 36.6 D+ 0 TH 343 898 .382 .251 37.3 .11 .3 .0 .0 1.00 37.5 D+ 0 LT 331 331 1.00 .185 48.9 .50 49.5 .0 .0 1.00 98.3 F 0 63.0 E+ 785 s DOC. INDEX # H-3 0 TOSCANA DEVELOPMENT lir40TH AVENUE & SUMMITVIEW AVENUE XISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 **/** /I\ +> North <* * +-H-1- ++++> +++ G/C=0.123 1 G/C=0.308 1 G/C=0.185 I G/C=0.251 G= 14.7" I G= 37.0" I G= 22.2" 1 G= 30.1" Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 4.0" Off= 0.0% 1 Off=15.6% 1 Off=49.7% 1 Off=71.6% C=120 sec TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft 02/26/08 09:59:09 G=104.0 sec = 86.7% 7=16.0 sec = 13.3% Ped= 0.0 sec = 0.0% SR Approach WB Approach RT TH LT RT TH LT 444 587 120 0/0 24/2 12/1 O 39 27 O 31 12 0 1032 190 138 747 82 0/0 24/2 12/1 O 36 26 O 25 19 O 886 312 NB Approach EB Approach Int RT TH LT RT TH LT Total 50 716 220 111 343 331 3889 0/0 24/2 12/1 12/1 24/2 12/1 O 33 29 27 28 32 O 31 12 25 25 19 O 1098 191 387 898 308 5302 E D E D+ D+ F D+ D+ F 0.00 1.00 0.55 0.00 1.00 0.25 0.00 0.70 1.00 0.28 0.38 1.00 0.0 69.3 52.4 0.0 74.9 42.1 0.0 38.6113.3 36.6 37.5 98.3 O 298 26 0 276 14 0 123 104 17 54 136 O 258 28 0 221 17 0 169 55 22 71 83 E+ 0.83 64.6 1048 924 O 37 7 0 32 4 O 925 180 0 806 108 O 21 17 6 9 24 37 O 528 425 138 227 607 925 DOC. INDEX # II -3 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE & SUMMITVIEW AVENUE 09:59: EXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1151 967 986 785 3889 Svc Lvl:LOS E E E+ E+ E+ Deg Sat:v/c 0.95 0.94 0.76 0.63. 0.83 HCM Del:s/v 67.5 72.1 55.2 63.0 64.6 Tot Del:min 324 290 227 207 1048 # Stops:veh 286 238 224 176 924 Queue 1:veh 37 32 21 24 37 Queue 1: ft 925 806 528 607 925 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/09 N 40TH AVENUE S SUMMITVIEW AVENUE 09:13:52 • 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 1 11 1 Key: VOLUMES-- > 1 438 1 579 I 119 11 1 1 WIDTHS 1 0.0 1 24.0 1 12.0 11 1 v LANES 1 0 1 2 1 1 11 1 1 1 11 \ 112 0.0 0 / 1 \ /1\ 610 24.0 2 I 1 316 12.0 1 / + / 67 12.0 1 North 1 328 24.0 2 -- \ 1 / .133 12.0 1\ 1 1 I 1 210 I 683 1 48 1 Phasing: SEQUENCE 44 1 1 12.0 1 24.0 1 0.0 1 PERMSV NNNN I 1 1 1 2 I 0 1 OVERLP NNNN 1 1 1 1 .1 LEADLAG LD LD 4110 SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 .5 .5 .5 1.0 1.0 1.0 Pk -hr fact, PHF .93 .93 .93 .77 .77 .77 .90 .90 .90 .90 .90 .90 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 I Phase 1 1 Phase 2 1 Phase 3 I Phase 4 1 Phase 5 1 Phase 6 **/** /I\ 1 North • ' +> <* * * * * <* * * * v C=120"I G= 14.7" 1 G= 37.0" 1 G= 22.3" 1 G= 30.0" 1 G= 0.0" I G= 0.0" 1 Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 0.0" 1 Y+R= 0.0" DOC. INDEX # ll -3 TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE. 2012 PPR PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s SB RT TH LT 438 579 119. .93 .93 .93 471 623 128 RT+TH LT 1094 128 .000 1.00 .431 .000 SB RT TH LT 1900 1900 2 1 1.000 1.00 .990 .990 1.000 1.000 1.000 1.000 .952 1.000 .935 1.000 1.000 1.000 3350 1.00 1.00 1.00 1.00 1.00 .950 1.00 1.00 1.00 1.00 1787 WB NB RT TH LT RT TH LT 112 610 67 .77 .77 .77 145 792 87 RT+TH LT 937 87 .000 1.00 .155 .000 48 683 210 .90 .90 .90 53 759 233 03/24/ 09:13 EB RT TH LT 106 328 .90 .90 118 364 316 .90 351 RT+TH LT RT TH LT 812 233 118 364 351 .000 1.00 .000 .000 1.00 . 065 .000 1.000 .000 .000 in1B NB EB RT TH LT RT TH LT RT TH LT 1900 1900 2 1 1.000 1.00 1.000 1.00 1.000 1.000 1.000 1.000 .952 1.000 .977 1.00 1.00 1.00 1.00 1.00 .950 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3534 1805 1900 2 1.000 . 995 1.000 1.000 1.000 1.000 .952 1.000 .990 1900 1 1.00 .995 1.00 1.00 1.00 1.00 1.00 .950 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3564 1796 SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis SB RT TH LT WB RT TH LT Lane group, LG RT+TH LT RT+TH LT Adj Flow, v 1094 128 937 87 Satflow, s 3350 1787 3534 1805 Lost time,'tL 4.0 4.0 4.0 4.0 Effect green, g 37.0 14.7 30.0 22.3 Grn ratio, g/C .308 .123 .250 .185 LG capacity, c 1033 219 885 335 v/c ratio, X 1.059 .584 1.059 .260 Flow ratio, v/s .327 .072 .265 .048 Crit lane group * * Sum crit v/s,Tc 0.918 Crit v/c, Xc 1.059 Total lost, L 1900 1 1.000 .990 1.000 1.000 1.000 1.000 1.000 1.000 .850 1.000 1.000 1.000 1599 1900 2 1.00 .990 1.00 1.00 1.00 1.00 .952 1.00 1.00 1.00 1.00 1.00 3582 1900 1 1.00 .990 1. 1. 1.0 1.00 1.00 .950 1.00 1.00 1.00 1.00 1787 NB EB RT TH LT RT TH LT RT+TH LT RT TH LT 812 233 118 364 351 3564 1796 1599 3582 1787 4.0 4.0 4.0 4.0 4.0 37.0 14.7 30.0 30.0 22.3 .308 .123 .250 .250 .185 1099 220 400 897 331 .739 1.06 .295 .406 1.06 .228 .130, .074 .102 .1S * 16.0 DOC. INDEX # H-3 TOSCANA DEVELOPMENT IllN 40TH AVENUE & SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA Approach LOS Appr flow, vA SB RT TH WB LT RT TH RT+TH LT 1094 1033 1.059 .308 41.5 .50 45.0 128 219 .584 .123 49.8 .18 4.0 .0 .0 .0 .0 1.00 1.00 86.5 53.7 F D 15 0 83.1 F 1222 NB LT RT TH LT RT+TH LT 937 87 885 335 1.059 .260 .250 .185 45.0 .50 47.0 .0 .0 1.00 92.0 F 13 41.8 .11 .4 .0 .0 1.00 42.2 D+ 0 87.8 F 1024 Intersection: Delay 75.8 LOS E RT+TH LT 812 233 1099 .739 .308 37.2 .30 2.7 220 1.06 .123 52.6 .50 77.1 .0 .0 .0 .0 1.00 1.00 39.9 130 D+ F 0 3 59.9 E+ 1045 03/24/09 09:13:52 EB RT TH LT RT TH LT 118 364 351 400 897 331 .295 .406 1.06 .250 .250 .185 36.4 37.5 48.9 .11 .11 .50 .4 .3 66.3 .0 .0 .0 .0 .0 .0 1.00 1.00 1.00 36.8 37.8 115 D+ D+ F 0 0 5 70.3 E 833 DOC. INDEX # 11-3 TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 **/** North +> <* * * Phase 3 Phase 4 1 G/C=0.123 1 G/C=0.308 1 G/C=0.185 1 G= 14.7" 1 G= 37.0" 1 G= 22.3" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Off= 0.0% 1 Off=15.6% 1 Off=49.7% G/C=0.250 G= 30.0" Y+R= 4.0" Off=71.6% C=120 sec MVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft G=104.0 sec = 86.7% Y=16.0 sec = 13.3% SB Approach WB Approach RT TH LT RT TH LT 471 623 128 0/0 24/2 12/1 O 41 27 O 31 12 O 1033 190 145 792 87 0/0 24/2 12/1 O 37 26 O 25 19 O 885 312 NB Approach RT TH LT 03/24/09 09:130 Ped= 0.0 sec = 0.0% EB Approach Int411/ RT TH LT Total 53 759 233 118 364 351 4124 0/0 24/2 12/1 12/1 24/2 12/1 0 34 29 27 28 33 O 31 12 25 25 19 O 1099 191 386 897 308 5301 F D F D+ D+ F D+ D+ F 0.00 1.06 0.58 0.00 1.06 0.26 0.00 0.74 1.06 0.29 0.41 1.06 0.0 86.5 53.7 0.0 92.0 42.2 0.0 39.9129.8 36.8 37.8115.2 O 394 29 0 359 15 0 135 126 18 57 168 O 273 30 0 234 19 0 182 58 24 76 87 E 0.88 75.8 1301 983 O 42 8 0 37 5 O 1050 194 0 913 115 O 23 19 6 10 27 42 O 571 479 148 243 687 1050 O DOC. INDEX # H-3 TOSCANA DEVELOPMENT •N 40TH AVENUE & SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance 03/24/09 09:13:52 APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1222 1024 1045 833 4124 Svc Lvl:LOS F F E+ E E Deg Sat:v/c 1.01 0.99 0.81 0.67 0.88 HCM Delis/v 83.1 87.8 59.9 70.3 75.8 Tot Del:min 423 374 261 243 1301 # Stops:veh 303 253 240 187 983 Queue 1:veh 42 37 23 27 42 Queue 1: ft 1050 913 571 687 1050 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/09 N 40TH AVENUE & SUMMITVIEW AVENUE 14:12:44 2012 PM PEAK HOUR VOLUMES WITH PROJECT 0 SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 I 11 I Key: VOLUMES -- > 1 440 1 586 1 121 11 I 1 WIDTHS 1 0.0 1 24.0 1 12.0 11 1 v LANES 1 0 1 2 1 1 11 1 I 1 11 \ 115 0.0 0 / 1 \ /1\ 610 24.0 2 1 1 320 12.0 1 / + / 67 12.0 1 North 328 24.0 2 133 12.0 1\ 1 1 1 210 1 695 1 48 1 Phasing: SEQUENCE 44 1 1 12.0 1 24.0 1 0.0 1 PERMSV N N'N N I { 1 1 2 1 0 1 OVERLPNNNN 1 1 1 1 1 LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 .5 .5 .5 1.0 1.0 1.0 Pk -hr fact, PHF .93 .93 .93 .77 .77 .77 .90 .90 .90 .90 .90 .90 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /I\ North 1 +> <* * * * * <* * * * v C=120"I G= 14.6" 1 G= 37.0" 1 G= 22.4" 1 G= 30.0" 1 G= 0.0" 1 G= 0.0" 1 1 Y+R= 4.0" I 7+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 0.0" 1 Y+R= 0.0" 1 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 4111 N 40TH AVENUE & SUMMITVIEI AVENUE • 2012 PK PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT, fRpb Local adjustmnt Adj satflow, s SB RT TB LT 440 586 121 .93 .93 .93 473 630 130 RT+TH LT 1103 130 .000 1.00 .429 .000 SB RT TH LT 1900 1900 2 1 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .936 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3351 1787 SIGNAL2000/TEAPAC[Ver 2.70.07] Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s "Flow lane group Sum crit v/s,Yc Crit v/c, Xc SB RT TH LT RT+TH LT 1103 130 3351 1787 4.0 4.0 37.0 14.6 .309 .122 1034 217 1.067 .599 .329 .073 WB RT TH LT 115 610 67 .77 .77 .77 149 792 .87 RT+TH LT 941 87 .000 1.00 .158 .000 NB RT TH 04/17/09 14:12:44 EB LT RT TH LT 48 695 210 106 328 320 .90 .90 .90 .90 .90 .90 53 772 233 118 364 356 RT+TH .LT . RT TH LT 825 233 118 364 356 .000 1.00 .000 .000 1.00 .064 .000 1.000 .000 .000 WB NB EB RT TH LT RT TH LT RT TH LT 1900 1900 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .950 .976 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3532 1805 1900 2 1.000 .995 1.000 1.000 1.000 1.000 . 952 1.000 . 990 1.000 1.000 1.000 3565 1900 1900 1 1 1.00 1.000 .995 .990 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 .950 1.000 1.00 .850 1.00 1.000 1.00 1.000 1.00 1.000 1796 1599 - HCM Capacity and LOS Worksheet WB RT TH LT RT+TH LT 941 87 3532 1805 4.0 4.0 30.0 22.4 .250 .187 882 337 1.067 .258 .266 .048 1900 1900 2 1 1.00 1.00 .990 .990 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 .952 1.00 1.00 .950 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 3582 1787 NB EB RT TH LT RT TH LT -------------- RT+TH LT RT TH LT 825 233 118 364 356 3565 1796 1599 3582 1787 4.0 4.0 4.0 4.0 4.0 37.0 14.6 30.0 30.0 22.4 .309 .122 .250 .250 .187 1100 218 399 895 334 .750 1.07 .296 .407 1.07 .231 .130 .074 .102 .199 * * 0.924 Total lost, L 16.0 1.067 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/ N 40TH AVENUE &SUMMITVIEW AVENUE 14:12 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - ECM Capacity and LOS Worksheet Delay SB WB NB EB and LOS RT TH LT RT TH LT RT TH LT RT TH LT Lane group, LG RT+TH LT RT+TH LT RT+TH LT RT TH LT Adj Flow, v 1103 130 941 87 825 233 118 364 356 LG capacity, c 1034 217 882 337 1100 218 399 895 334 v/c ratio, X 1.067 .599 1.067 .258 .750 1.07 .296 .407 1.07 Grn ratio, g/C .309 .122 .250 .187 .309 .122 .250 .250 .187 Unif delay, dl 41.5 49.9 45.0 41.7 37.3 52.7 36.5 37.6 48.8 Incr calib, k .50 .19 .50 .11 .31 .50 .11 .11 .50 Incr delay, d2 47.6 4.5 49.8 .4 2.9 80.4 .4 .3 67.8 Queue Delay, d3 .0 .0 .0 .0 .0 .0 .0 .0 .0 Unif delay, dl* .0 .0 .0 • .0 .0 ' .0 .0 .0 .0 Prog factor, PF 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Contrl delay, d 89.1 54.5 94.8 42.1 40.2 133 36.9 37.9 117 Lane group LOS F D F D+ D+ F D+ D+ F Final Queue,Qbi 17 0 15 0 0 4 0 0 6 Appr delay, dA 85.4 90.3 60.7 71.2 Approach LOS F F E+ E • Appr flow, vA 1233 1028 1058 838 Intersection: Delay. 77.5 LOS E DOC. INDEX #H-3 O TOSCANA DEVELOPMENT N.40TH AVENUE & SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 **/** Phase 2 Phase 3. 1 Phase 4 I G/C=0.122 1 G/C=0.309 1 G/C=0.187 1 G/C=0.250 1 G= 14.6" 1 G= 37.0" 1 G= 22.4" 1 G= 30.0" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Off= 0.0% 1 Off=15.5% 1 Off=49.7% 1 Off=71.7% C=120 sec MVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft G=104.0 sec = 86.7% Y=16.0 sec = 13.3% SB Approach WB Approach RT TH LT RT TH LT 473 630 130 0/0 24/2 12/1 0 41 27 0 31 12 0 1034 188 149 792 87 0/0 24/2 12/1 O 37 26 O 25 19 O 882 315 NB Approach RT TH LT 04/17/09 14:12:44 Ped= 0.0 sec = 0.0% EB Approach Int RT TH LT Total 53 772 233 118 364 356 4157 0/0 24/2 12/1 12/1 24/2 12/1 0 34 29 27 28 33 0 31 12 25 25 19 0 1100 189 385 895 311 5299 F D F D+ D+ F D+ 0.00 1.07 0.60 0.00 1.07 0.26 0.00 0.75 1.07 0.30 0.0 89.1 54.5 0.0 94.8 42.1 0.0 40.2133.1 36.9 0 409 29 0 372 15 0 138 129 18 0 275 31 0 235 19 0 186 58 24 D+ F E 0.41 1.07 0.89 37.9116.6 77.5 57 173 1340 76 89 993 0 42 8 0 37 5 0 1068 198 0 925 115 0 23 19 6 0 584 485 148 10 28 42 243 700 1068 DOC. INDEX # 11-3 TOSCANA DEVELOPMENT N 40TH AVENUE & SUMMITVIEW AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance 04/17/09 14:120 APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1233 1028 1058 838 4157 Svc Lvl:LOS F F E+ E E Deg Sat:v/c 1.02 1.00 0.82 0.67 0.89 HCM De1:s/v 85.4 90.3 60.7 71.2 77.5. Tot Del:min 438 387 267 248 1340 # Stops:veh 306 254 244 189 993 Queue 1:veh 42 37 23 28 42 Queue 1: ft 1068 925 584 700 1068 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE & ENGLEWOOD AVENUE 09:15:20 IDEXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 1 11 1 Key: VOLUMES -- > 1 218 1 772 1 24 11 1 1 WIDTHS 1 0.0 1 24.0 1 12.0 (1 1 v LANES 1 0 1 2 1 1 11 1 1 I 11 \ 37 . 0.0 0 / 1 \ /1\ 230 12.0 1 1 1 164 12.0 1 / + / 151 12.0 1 North 90 12.0 1 -- 38 0.0 0 .\ I 95 1 826 1 72 1 Phasing: SEQUENCE 44 I 1 12.0 1 24.0 1 0.0 1 PERMSV YYYY 1 1 1 1 2 1 0 1 OVERLP NNNN I I I 1 1 LEADLAG LD LD IIII SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 1.0 1.0 1.0 .0 .0 .0 Pk -hr fact, PHF .91 .91 .91 .76 .76 .76 .97 .97 .97 .91 .91 .91. Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 SSq/444 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 1 /I\ North • * * *> A * * * * ++++ v m C= 90"I G= 5.0" G= 36.7" G= 5.0" 1 G= 27.3" I G= 0.0" I G= 0.0" 1 Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 0.0" I Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE EXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT , fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH LT 218 772 24 .91 .91 .91 240 848 26 RT+TH LT 1088 26 .000 1.00 .221 .000 SB RT TH LT WB RT TH NB LT RT TH 37 230 .76 .76 49 303 151 .76 199 RT+TH LT 352 199 .000 1.00 .139 .000 WE RT TH 02/26/08 09:15: 411 EB LT RT TH LT 72 .97 74 826 .97 852 95 .97 98 RT+TH LT 926 98 .000 1.00 .080 .000 NB LT RT TH LT 38 90 164 .91 .91 .91 42 99 180 RT+TH LT 141 180 .000 1.00 .298 .000 EB RT TH LT 1900 1900 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .990 .990 1.000 1.00 .990 .990 .1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.0 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .159 1.000 .553 1.000 .103 1.000 .282 .967 1.00 .979 1.00 .988 1.00 .955 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3463 300 1860 1051 3539 194 1815 535 .000 .950 .000 .950 .000 .950 .000 .950 0 1787 0 1805 0 1787 0 1805 O DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE XISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Permitted Phase Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C G capacity, c /c ratio, X IliFlow ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA proach LOS pr flow, vA SB RT TH LT RT+TH LT 1088 26 3463 1787 4.0 4.0 36.7 5.0 .408 .056 1414 99 .769 .263 .314 .015 * of Compound LTs 0 300 .0 40.7 .453 136 .000 .000 0.614 .746 SB RT TH LT RT+TH LT 1088 26 1414 235 .769 .111 .408 .508 23.0 13.3 .32 .11 2.7 .2 .0 .0 .0 .0 1.00 1.00 25.6 13.5 C+ B+ 0 0 25.3 C+ 1114 WB RT TH LT RT+TH LT 352 100 1860 1805 4.0 4.0 27.3 5.0 . 303 .056 563 100 . 625 1.00 .189 .055 * * 99 1051 .0 31.3 .347 365 .271 .094 Total lost, L WB RT TH NB RT TH 02/26/08 09:15:20 EB LT RT TH LT RT+TH LT 926 98 3539 1787 4.0 4.0 36.7. 5.0 .408 .056 1445 99 .641 .990 .262 .055 * 0 194 .0 40.7 .453 88 .000 . 000 16.0 NB LT RT TH RT+TH LT 352 199 563 465 .625 .303 27.0 .21 2.2 .428 .403 19.2 .11 .6 .0 .0 .0 .0 1.00 1.00 29.2 19.9 C B 0 0 25.8 C+ 551 Intersection: Delay 24.2 LOS C+ RT+TH LT 141 100 1815 1805 4.0 4.0 27.3 5..0 .303 .056 550 100 .256 1.00 .078 .055 80 535 .0 31.3 .347 186 .430 .149 EB LT RT TH LT RT+TH LT 926 98 1445 .641 .408 21.3 .22 1.0 .0 .0 1.00 22.3 C+ 187 .524 . 508 15.8 .13 2.7 .0 .0 1.00 18.5 B 0 0 21.9 C+ 1024 RT+TH LT 141 180 550 286 .256 .629 .303 .403 23.7 21.2 .11 .21 .2 4.4 .0 .0 .0 .0 1.00 1.00 24.0 25.6 C+ C+ 0 0 24.9 C+ 321 DOC. INDEX # A-3 TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE EXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 **/** <+ m + A * * * * ++++ v m G/C=0.056 1 G/C=0.408 1 G/C=0.056 G= 5.0" 1 G= 36.7" 1 G= 5.0" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" Off= 0.0% 1 Off=10.0% 1 Off=55.3% G/C=0.303 G= 27.3". Y+R= 4.0" Off=65.3% C= 90 sec MVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% SB Approach WB Approach RT TH LT RT TH LT 240 848 26 0/0 24/2 12/1 O 36 0 O 41 6 O 1414 235 49 303 199 0/0 12/1 12/1 0 26 0 0 30 6 0 563 465 NB Approach RT TH LT 74 852 98 0/0 24/2 12/1 O 31 3 O 41 6 O 1445 185 02/26/08 09:15:0 Ped= 0.0 sec = 0.0% EB Approach Int RT TH LT Total 42 99 180 3010 0/0 12/1 12/1 0 17 4 0 30 6 0 550 285 5142 C+ B+ C B C+ B C+ C+ 0.00 0.77 0.11 0.00 0.63 0.43 0.00 0.64 0.52 0.00 0.26 0.63 0.0 25.6 13.5 0.0 29.2 19.9 0.0 22.3 18.5 0.0 24.0 25.6 ,0 116 1 0 43 16 0 86 8 0 14 19 O 235 3 0 76 36 0 186 16 0 27 36 C+ 0.64 24.2 303 615 O 23 1 0 14 7 0 18 3 0 5 7 23 O 567 17 0 348 169 0 442 85 0 124 178 567 DOC. INDEX # H-3 O TOSCANA DEVELOPMENT 02/26/08 40TH AVENUE & ENGLEWOOD AVENUE 09:15:20 ISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1114 551 1024 321 3010 Svc Lvl:LOS C+ C+ C+ C+ C+ Deg Sat:v/c 0.75 0.55 0.63 0.47 0.64 HCM Del:s/v 25.3 25.8 21.9 24.9 24.2 Tot Del:min 117 59 94 33 303 # Stops:veh 238 112 202 63 615 Queue 1:veh 23 14 18 7 23 Queue 1: ft 567 348 442 178 567 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT 03/24/09 09:18:09 O SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD I 1 1 II I Key: VOLUME S-- > 1 231 I 819 I 25 II I 1 WIDTHS 1 0.0 1 24.0 112.0 I1 I v LANES 1 0 1 2 1 1 11 1 1 1 11 \ 39 0.0 0 / 1 \ /I\ 244 12.0 1 I 174 12.0 1 / + / 160 12.0 1 North I 96 12.0 1 \ 1 / 40 0.0 0 \ 11 1 1 11 101 1 877 1 76 1 Phasing: SEQUENCE 44 I 11 12.0 1 24.0 1 0.0 1 PERMSV YYYY 1 1 1 1 1 2 I 0 1 OVERLP NNNN 1 11 1 1 1 LEADLAG LD LD SB WB RT TH LT RT TH LT RT Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 1.0 Pk -hr fact, PHF .91 .91 .91 .76 .76 .76 .97 Pretimed or Act A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 NB EB 4110 TH LT RT TH 1.0 1.0 .0 .0 .0 .97 .97 .91 .91 .91 A A A A A 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /I\ 1 1 North 1 * * *> <+ m + A * * * * ++++ v m C= 90"1 G= 5.0" 1 G= 36.9" I G= 5.0" 1 G= 27.1" 1 G= 0.0" 1 G= 0.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 0.0" 1 Y+R= 0.0" • DOC. INDEX # H-3 TOSCANA DEVELOPMENT lilt40TH AVENUE & ENGLEWOOD AVENUE 012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - RCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg arking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH LT 231 819 25 .91 .91 .91 254 900 27 RT+TH LT 1154 27 .000 1.00 .220 .000 SB RT TH LT WB RT TH NB LT RT TH 39 244 .76 .76 51 321 160 .76 211 RT+TH LT 372 211 .000 1.00 .137 .000 WB RT TH 03/24/09 09:18:09 EB LT RT TH LT 76 877 101 .97 .97 .97 78 904 , 104 RT+TH LT 982 104 .000 1.00 .079 .000 NB LT RT TH LT 40 96. 174 .91 .91 .91 44 105 191 RT+TH LT 149 191 .000 1.00 .295 .000 EB RT TH LT 1900 1900 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .990 .990 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1..00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .140 1.000 .541 1.000 .098 1.000 .256 .967 1.00 .979 1.00 .988 1.00 .956 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3464 263 1861 1029 3539 184 1816 486 .000 .950 .000 .950 .000 .950 .000 .950 0 1787 0 1805 0 1787 0 1805 DOC. INDEX # H-3 TOSCANA'DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Permitted Phase Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C, LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA Approach LOS Appr flow, vA SB RT TH LT RT+TH LT 1154 27 3464 1787 4.0 4.0 36.9 5.0 .410 .056 1419 99 .813 .273 .333 .015 * of Compound LTs 0 263 .0 40.9 .454 119 .000 .000 0.644 .783 SB RT TH LT - HCM Capacity and LOS Worksheet RT+TH LT 1154 27 1419 218 .813 .124 .410 .510 23.5 13.6 .35 .11 3.7 .3 .0 .0 .0 .0 1.00 1.00 27.3 13.9 C+ B+ 0 0 27.0 C+ 1181 WB RT TH NB LT RT TH RT+TH LT 372 100 1861 1805 4.0 4.0 27.1 5.0 .301 .056 561 100 . 663 1.00 .200 .055 * * 111 1029 .0 31.1 .346 356 .312 .108 Total lost, L WB RT TH 03/24/ 09:18 EB LT . RT TH LT RT+TH LT 982 99 3539 4.0 36.9 .410 1450 .677 .277 1787 4.0 5.0 .056 99 1.00 .055 * 5 184 .0 40.9 .454 84 .060 .027 16.0 NB LT RT TH LT RT+TH LT 372 211 561 456 .663 . 301 27.5 .24 2.9 .0 .0 1.00 30.4 C 0 .463 .401 19.8 .11 .7 .0 .0 1.00 20.5 C+ 0 26.8 C+ 583 Intersection: Delay 25.6 LOS C+ RT+TH LT 982 104 1450 .677 .410 21.7 .25 1.3 183 .568 .510 16.5 .16 4.1 .0 .0 .0 .0 1.00 23.0 C+ 1.00 20.6 C+ 0 0 22.8 C+ 1086 RT+TH LT 149 100 1816 1805 4.0 4.0 27.1 5.0 .301 .056 547 100 .272 1.00 .082 .055 91 486 .0 31.1 .346 1 .5 .18 11 EB RT TH LT RT+TH LT 149 191 547 268 .272 .713 .301 .401 23.9 22.6 .11 .28 .3 8.6 .0 .0 .0 .0 1.00 1.00 24.2 31.2 C+ C 0 0 28.1 C 340 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 **/** Phase 3 1 Phase 4 A * * * * ++++ v m G/C=0.056 G= 5.0" Y+R= 4.0" Off= 0.0% G/C=0.410 G/C=0.410 G= 36.9" Y+R= 4.0" Off=10.0% G/C=0.056 G= 5.0" Y+R= 4.0" Off=55.4% G/C=0.301 G= 27.1" Y+R= 4.0" Off=65.4% C= 90 sec G= 74.0 sec = 82.2% MVMT TOTALS SB Approach Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh RT TH LT 254 0/0 0 0 0 03/24/09 09:18:09 Y=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% WB Approach RT TH LT NB Approach EB Approach Int . RT TH LT RT TH LT Total 900 27 51 24/2 12/1 0/0 37 0 41 6 1419 218 321 211 12/1 12/1 0 27 0 0 30 6 0 561 456 78 904 104 0/0 24/2 12/1 O 32 3 0 41 6 0 1450 181 44 105 191 3190 0/0 12/1 12/1 O 17 5 O 30 6 O 547 266 5098 C+ B+ C C+ C+ C+ C+ C 0.00 0.81 0.12 0.00 0.66 0.46 0.00 0.68 0.57 0.00 0.27 0.71 0.0 27.3 13.9 0.0 30.4 20.5 0.0 23.0 20.6 0.0 24.2 31.2 O 131 2 0 47 18 0 94 9 0 15 25 O 255 4 0 81 39 0 201 18 0 28 40 C+ 0.69 25.6 341 666 Queue 1:veh 0 25 1 Queue 1: ft 0 623 18 O 15 7 O 374 183 O 19 4 0 5 8 25 O 478 93 0 131 203 623 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/0 10 N 40TH AVENUE & ENGLEWOOD AVENUE 09:18: 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1181 583 1086 340 3190 Svc Lvl:LOS C+ C+ C+ C C+ Deg Sat:v/c 0.80 0.59 0.67 0.52 0.69 HCM Del:s/v 27.0 26.8 22.8 28.1 25.6 Tot Del:min 133 65 103 40 341 # Stops:veh 259 120 219 68 666 Queue 1:veh 25 15 19 8 25 Queue 1: ft 623 374 478 203 623 0 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/09 N 40TH AVENUE & ENGLEWOOD AVENUE 14:14:53 •,2012 PM PEAR HOUR VOLUMES .WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 I II I Key: VOLUMES -- > 1 232 1 832 1 25 11 1 1 WIDTHS 1 0.0 1 24.0 1 12.0 I1 I v LANES 1 0 1 2 1 1 11 1. I 1 II \ 40 0.0 0 / 1 \ /I\ 244 12.0 1 1 1 175 12.0 1 / + / 160 12.0 1 North 1 96 12.0 1 -- 40 0.0 0 \ I / 1 1. I 1 101 1 898 1 76 1 Phasing: SEQUENCE 44 1 1 12.0 124.0 1 0.0 1 PERMSV YYYY 1 I 1 1 2 1 0 1 OVERLPNNNN I I I 1 I LEADLAG LD LD SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT Heavy veh, %HV 1.0 1.0 1.0 .0 .0 .0 1.0 1.0 1.0 .0 .0 0 Pk -hr fact, PHF .91 .91 .91 .76 .76 .76 .97 .97 .97 .91 .91 .91 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3, 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G ..0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 I Phase.3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /I\ 1 North • I * * *> <+ m + +> A **** ++++ v m C= 90"1 G= 5.0" G= 37.0" G= 5.0" G= 27.0" G= 0.0" G= 0.0" 1 Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" Y+R= 0.0" Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT' Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT , f Lpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH LT 232 832 25 .91 .91 .91 255 914 27 RT+TH LT 1169 27 .000 1.00 .218 .000 SB RT TH WB RT TH NB LT RT TH 40 244 160 .76 .76 .76 53 321 211 RT+TH LT 374 211 .000 1.00 .142 .000 04/17/ 14:14 EB LT RT TH LT 76 898 101„ .97 .97 .97 78 926 104 RT+TH LT 1004 104 .000 1.00 .078 .000 40 96 175 .91 .91 .91 44 105 192 RT+TH LT 149 192 . 000 1.00 . 295 .000 WB NB EB LT RT ..TH LT RT TH LT RT TH LT 1900 1900 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .990 .990 1.000 1.00 .990 .990 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.0 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .133 1.000 .541 1.000 .098 1.000 .252 .967 1.00 .979 1.00 .988 1.00 .956 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3465 250 1860 1028 3540 184 1816 479 .000 .950 .000 .950 .000 .950 .000 .950 0 1787 0 1805 0 1787 0 1805 DOC. LNDEX # H-3 O TOSCANA DEVELOPMENT IIIN 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Permitted Phase Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, di Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi 4111Appr delay, dA Approach LOS Appr flow, vA SB. RT TH LT RT+TH LT 1169 27 3465 1787 4.0 4.0 37.0 5.0 .411 .056 1424 99 .821 .273 .337 .015 * of Compound LTs 0 250 .0 41.0 .455 114 .000 .000 0.649 .790 SB RT TH LT RT+TH LT 1169 27 1424 213 .821 .127 .411 .511 23.6 13.7 .36 .11 4.0 .3. .0 .0 .0 .0 1.00 1.00 27.5 14.0 C B+ 0 0 27.2 C+ 1196 WB RT TH NB LT RT TH RT+TH LT 374 100 1860 1805 4.0 4.0 27.0 5.0 . 300 .056 558 100 . 670 1.00 .201 .055 * * 111 1028 .0 31.0 .345 354 .314 .108 Total lost, L WB RT TH 04/17/09 14:14:53 EB LT RT TH LT RT+TH LT 1004 99 3540 1787 4.0 4.0 37.0 5.0 .411 .056 1455 99 .690 1.00 .284 .055 * 5 184 .0 41.0 .455 84 .060 .027 16.0 NB LT RT TH RT+TH LT 374 211 558 454 .670 .465 .300 27.6 .24 3.1 .0 .0 1.00 30.7 C 0 .400 19.9 .11 .8 .0 .0 1.00 20.6 C+ 0 27.1 C+ 585 Intersection: Delay 25.9 LOS C+ RT+TH LT 149 100 1816 1805 4.0 4.0 27.0 5.0 .300 .056 545 100 .273 1.00 .082 .055 92 479 .0 31.0 .345 165 .558 .192 EB LT RT TH LT RT+TH LT 1004 104 1455 183 .690 .568 .411 .511 21.8 16.6 .26 .16 1.4 4.1 . 0 .0 . 0 .0 1.00 23.2 C+ 1.00 20.7 C+ 0 0 23.0 C+ 1108 RT+TH LT 149 192 545 265 .273 .725 .300 .400 24.0 22.8 .11 .29 - .3 9.5 .0 .0 .0 .0 1.00 1.00 24.3 32.2 C+ C 0 0 28.8 C 341 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & ENGLEWOOD AVENUE 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 **/** • /1\ North * *> A <+ + +> + + + A **** ++++ v m G/C=0.056 1 G/C=0.411 1 G/C=0.056 G= 5.0" 1 G= 37.0" 1 G= 5.0" Y+R= 4.0" l Y+R= 4.0" I Y+R= 4.0" Off= 0.0% 1 Off=10.0% 1 Off=55.5% • G/C=0.300 G= 27.0" Y+R= 4.0" Off=65.5% C= 90 sec. G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% MVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft SB Approach WB Approach RT TH LT RT TH LT 255 914 27 0/0 24/2 12/1 O 38 0 O 41 6 O 1424 213 04/17/ 14:14 Ped= 0.0 sec = 0.0% NB Approach EB Approach In RT TH LT RT TH LT Total 53 321 211 78 926 104 0/0 12/1 12/1 0/0 24/2 12/1 O 27 0 0 33 3 0 30 6 0 41 6 O 558 454 0 1455 181 44 105 192 3230 0/0 12/1 12/1 0 17 5 0 30 6 0 545 263 5093 C B+ C C+ C+ C+ C+ C 0.00 0.82 0.13 0.00 0.67 0.47 0.00 0.69 0.57 0.00 0.27 0.73 0.0 27.5 14.0 0.0 30.7 20.6 0.0 23.2 20.7 0.0 24.3 32.2 O 134 2 .0 48 18 0 97 9 0 15 26 O 260 4 0 82 39 0 206 18 0 28 41 C+ 0.69 25.9 349 678 O 25 1 0 15 7 O 635 18 0 378 183 0 20 4 0 5 8 25 0 492 93 0 132 206 635 O DOC. INDEX # H-3 TOSCANA DEVELOPMENT 04/17/09 Illp40TH AVENUE & ENGLEWOOD AVENUE 14:14:53 012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1196 585 1108 341 3230 Svc Lvl:LOS C+ C+ C+ C C+ Deg Sat:v/c 0.81 0.60 0.68 0.53 0.69 HCM Del:s/v 27.2 27.1 23.0. 28.8 25.9 Tot Del:min 136 66 106 41 349 # Stops:veh 264 121 224 69 678 Queue 1:veh 25 15 20 8 25 Queue 1: ft 635 378 492 206 635 TWO-WAY STOP CONTROL SUMMARY General Information Site Information nalyst gency/Co. Date Performed 2/26/2008 alysis Time Period Intersection 40th Ave & Kem Way Jurisdiction Analysis Year Project Description EXISTING PM PEAK HOUR VOLUMES East/West Street: Kem Way North/South Street: North 40th Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R olume 16 960 33 22 1047 10 Peak -Hour Factor, PHF 0.91 0.910.91 0.91 0.91 0.91 Hourly Flow Rate, HFR 17 1054 _ 36 24 1150 10 Percent Heavy Vehicles 0 _ — — 0 — — edian Type Undivided RT Channelized 0 0 Lanes 0 2 0 0 2 0 Configuration LT TR LT TR Upstream Signal 0 0 inor Street Westbound Eastbound ovement 7 8 9 10 11 12 L T R L T R olume 15 0 63 2 0 4 Peak -Hour Factor, PHF 0.72 0.72 0.72 0.50 0.50 0.50 Hourly Flow Rate, HFR 20 0 87 4 0 8 Percent Heavy Vehicles 0 0 0 0 0 0 'Percent Grade (%) 0 0 Flared Approach N N torage 0 0 RT Channelized 0 0 Lanes . 0 1 0 0 1 0 Configuration LTR _ LTR elay, Queue Length, and Level of Service pproach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LT LTR LTR (vph) 17 24 107 12 C (m) (vph) 610 648 195 109 lc 0.03 0.04 0.55 0.11 • 5% queue length 0.09 0.12 2.89 0.36 Control Delay 11.1 10.8 43.9 42.1 LOS B B E E • pproach Delay — — 43.9 42.1 • pproach LOS — — E E ghts Reserved HCS20001M Version 4.1d Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1 d® DOC. INDEX # H-3 411) Rights Reserved HCS2000Tm Version 4.1d Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # Ii -3 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information nalyst gency/Co. Date Performed 2/26/2008 • nalysis Time Period Intersection 40th Ave & Kem Way Jurisdiction Analysis Year Project Description 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT East/West Street: Kem WayNorth/South Street North 40th Avenue Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound _ Southbound Movement 1 2 3 4 5 6 L T R -L T R olume- 17 1019 35 23 1111 11 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.91 0.91 0.91 Hourly Flow Rate, HFR 18 1119 38 25 1220 12 Percent Heavy Vehicles 0 — — 0 — -- Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 0 2 0 Configuration LT _ TR LT TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 16 0 67 2 0 4 Peak -Hour Factor, PHF 0.72 0.72 0.72 0.50 0.50 0.50 Hourly Flow Rate, HFR 22 0 93 4 0 8 !Percent Heavy Vehicles 0 0 0 0 0 0 !Percent Grade (%) 0 0 tared Approach N N torage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service pproach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LT LTR LTR (vph) 18 25 115 12 (m) (vph) 573 611 167 88 /c 0.03 0.04 0.69 0.14 • 5% queue length 0.10 0.13 4.08 0.45 ontrol Delay 11.5 11.1 64.1 52.3 LOS 8 8 F F • pproach Delay — — 64.1 52.3 • • proach LOS — — F F 411) Rights Reserved HCS2000Tm Version 4.1d Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # Ii -3 Rights Reserved HCS2000n4 Version 4.1d 4 Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 DOC. INDEX # H-3 TWO-WAY STOP CONTROL. SUMMARY General Information Site Information • nalyst gency/Co. Date Performed 2/26/2008 • nalysis Time Period Intersection 40th Ave & Kern Way Jurisdiction Analysis Year Project Description 2012 PM PEAK HOUR VOLUMES WITH PROJECT East/West Street: Kern Way North/South Street: North 40th Avenue ;Intersection Orientation: North-South tudy Period (hrs): 0.25 ehicle Volumes and Adjustments Ma•or Street Northbound Southbound Movement 1. 2 3 4 5 _ 6 L T R L T R olume 17 1042 35 23 1125 11 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.91 0.91 0.91 Hourly Flow Rate, HFR 18 1145 38 25 1236 12 Percent Heavy Vehicles 0 _ — — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 0 2 0 Configuration LT TR LT TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 16 0 67 2 0 4 Peak -Hour Factor, PHF 0.72 0.72 0.72 0.50 0.50 0.50 Hourly Flow Rate, HFR 22 0 93 4 0 8 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N torage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration _ LTR LTR Delay, Queue Length, and Level of Service • pproach NB SB Westbound — Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LT LTR LTR (vph) _ 18 25 115 12 C (m) (vph) 565 597 161 84 /c 0.03 0.04 0.71 0.14 5% queue length 0.10 0.13 4.29 0.47 Control Delay 11.6 11.3 69.5 54.9 LOS B B F F • pproach Delay — — 69.5 54.9 • pproach LOS — — F F Rights Reserved HCS2000n4 Version 4.1d 4 Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 DOC. INDEX # H-3 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE & CASTLEVALE ROAD 09:53:10 4110 XISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07j - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 1 11 1 Key: VOLUMES -- > 1 40 1 960 1 20 11 1 ..1 WIDTHS 1 0.0 1 12.0 1 12.0 11 1 v LANES 1 0 1 1 1 1 II 1 1 1 11 \ 80 0.0 0 / 1 \ /I\ 3 24.0 2 I I 27 12.0 1 / + / 42 12.0 1 North 1 2 24.0 2 \ I / 20 0.0 0 \ 11 1 1 11 32 1 974 I 12 I Phasing: SEQUENCE 44 1 11 12.0 1 12.0 1 0.0 1 PERMSVYNYN 1 1 1 1 1 1 1 0 I OVERLP NNNN 1 II 1 1 1 LEADLAG LD LD 4111SB WB NB EB RT TH LT RT TH LT RT TH LT RT TH LT Heavy veh, %HV .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 Pk -hr fact, PHF .92 .92 .92 .74 .74 .74 .92 .92 .92 .72 .72 .72 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase 6 **/** /I\ North • I C= 90"1 G= 5.0" 1 G= 53.2" 1 G= 8.0" 1 G= 7.8" 1 G= 0.0" I G= 0.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 0.0" 1 Y+R= 0.0" *> <+ m + A * * * * ++++ v DOC. INDEX # H-3 TOSCANA DEVELOPMENT 02/26/08 N 40TH AVENUE & CASTLEVALE ROAD 09:53 : EXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume SB WB NB EB Adjustment RT TH LT . RT TH LT RT TH LT RT TH LT Volume, V 40 960 20 80 3 42 12 974 32 20 2 27 .Pk -hr fact, PHF .92 .92 .92 .74 .74 .74 .92 .92 .92 .72 72 .72 Adj my flow, vp 43 1043 22 108- 4 57 13 1059 35 28 3 38 Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT RT+TH LT 1086 22 .000 1.00 .040 .000 RT+TH LT 112 57 .000 1.00 .964 .000 RT+TH LT 1072 35 .000 1.00 .012 .000 RT+TH LT 31 38 .000 1.00 .903 .000 Saturation SB WB NB EB Flow Rate RT TH LT RT TH LTRT TH LT RT TH LT Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT , f Lpb PedBike RT , fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo 1900 1900 1900 1900 1900 1900 1 1 2 1 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00. 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 1.000 .070 1.000 .950 1.000 .070 .994 1.00 .855 1.00 .998 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1889 133 3094 1805 1897 133 .000 .950 .000 .950 0 1805 0 1805 1900 1900 2 1 1.000 1.00 1.000 1.00 1.000 1. 1.000 1. 1.000 1.0 1.000 1.00 .952 1.00 1.000 .950 .865 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3127 1805 • DOC. INDEX # H-3 TOSCANA DEVELOPMENT Ilk40TH AVENUE S CASTLEVALE ROAD. XISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Permitted Phase Adj Flow, v Satflow, s Lost time, tL- Effect green, g Grn ratio, g/C G capacity, c /c ratio, X Flow ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi 411F:pr delay, dA proach LOS Appr flow, vA HCM Capacity and SB WB RT TH LT RT TH LT RT+TH LT 1086 1889 4.0 53.2 .591 1115 .974 .575 * 22 1805 4.0 5.0 .056 100 .220 .012 of Compound LTs 0 133 .0 57.2 .635 84 .000 .000 0.662 .805 SB RT TH RT+TH LT 112 57 3094 1805 4.0 4.0 7.8 8.0 .087 .089 270 160 .415 .356 .036 .032 Total lost, L WB LT RT TH LT RT+TH LT 1086 22 1115 .974 .591 17.8 .48 20.9 .0 .0 1.00 38.6 D+ 0 184 .120 .691 20.2 .11 .3 .0 .0 1.00 20.5 C+ 0 38.2 D+ 1108 RT+TH LT 112 57 270 160 .415 .356 .087 .089 38.9 38.6 .11 .11 1.0 1.4 .0 .0 .0 .0 1.00 1.00 39.9.39.9 D+ D+ 0 0 39.9 D+ 169 Intersection: Delay 36.7 LOS D+ LOS Worksheet NB RT TH RT+TH 1072 1897 4.0 53.2 .591 1120 .957 .565 02/26/08 09:53:10 EB LT RT TH LT -------------- RT+TH LT 31 38 3127 1805 4.0 4.0 7.8 8.0 .087 .089 273 160 .114 .237 .010 .021 LT 35 1805 4.0 5.0 . 056. 100 .350 . 019 0 133 .0 57.2 .635 84 .000 . 000 16.0 NB RT TH LT RT+TH LT 1072 35 1120 184 .957 .190 .591 .691 17.4 20.4 .47 .11 17.5 .5 .0 .0 .0 .0 1.00 1.00 34.9 20.9 C C+ 0 0 34.4 C 1107 EB RT TH LT RT+TH LT 31 38 273 160 .114 .237 .087 .089 37.9 38.2 .11 .11 .2 .8 .0 .0 .0 .0 1.00 1.00 38.1 38.9 D+ D+ 0 0 38.5 D+ 69 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & CASTLEVALE ROAD EXISTING PM PEAK HOUR VOLUMES SIGNAL2000/TEAPAC[Ver 2.70.07] Evaluation of Infiersection Performance Intersection # 1 - Sq 44 1 Phase 1 1 Phase 2 •I Phase 3 1 Phase 4 **/** /1\ North *> <+ m + A **** ++++ v G/C=0.056 G/C=0.591 G/C=0.089 G= 5.0" G= 53.2" G= 8.0" Y+R= 4.0" Y+R= 4.0" Y+R= 4.0" Off= 0.0% Off=10.0% Off=73.5% G/C=0.087 G= 7.8" Y+R= 4.0" Off=86.8% 02/26/0 0 09:53: C= 90 sec G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% MVMT TOTALS SB Approach WB Approach NB Approach EB Approach Int1111 Param:Units RT TH LT RT TH LT RT TH LT RT TH LT Total AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh 43 0/0 0 0 0 1043 12/1 60 59 1115 22 108 4 57 12/1 0/0 24/2 12/1 0 0 14 14 6 0 9 9 176 0 255 142 13 1059 0/0 12/1 O 59 O 59 O 1120 35 28 3 38 2453 12/1 0/0 24/2 12/1 0 0 12 13 6 0 9 9 176 0 258 142 3384 D+ C+ D+ D+ C C+ D+ D+ 0.00 0.97 0.12 0.00 0.41 0.36 0.00 0.96 0.19 0.00 0.11 0.24 0.0 38.6 20.5 0.0 39.9 39.9 0.0 34.9 20.9 0.0 38.1 38.9 0 175 2 0 19 9 0 156 3 0 5 6 0 262 2 0 27 13 0 252 3 0 7 9 D+ 0.89 36.7 375 575 Queue 1:veh 0 51 0 Queue 1: ft 0 1270 10 0 3 3 0 48 1 0 1 2 51 0 68 65 0 1206 17 0 18 43 1270 • DOC. INDEX # H-3 TOSCANA DEVELOPMENT 03/24/09 N 40TH AVENUE & CASTLEVALE ROAD 09:25:51 •012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 I 1 11 I Key: VOLUMES -- > 1 42 1 1019 I 21 11 1 1 WIDTHS 1 0.0 1 12.0 112.0 II 1 v LANES 1 0 I 1 1 1 1I I 1 1 11 \ 85 0.0 0 / 1 \ /1\ 3 24.0 2 1 1 29 12.0. 1 / + / 45 12.0 1 North 1 2 24.0 2 21 0.0 0 \ I 1 I I 34 1 1034 1 13 I Phasing: SEQUENCE 44 1 1 12.0 1 12.0 1 0.0 1 PERMSV YNYN 1 1 1 1 1 1 0 1 OVERLPNNNN I 1 1 I 1 LEADLAG LD LD 410 - SB ---- WB---- NB ---- EB --- RT TH LT RT TH LT RT TH LT RT TH LT Heavy veh, %HV .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 Pk -hr fact, PHF .92 .92 .92 .74 .74 .74 .92 .92 .92 .72 .72 .72 Pretimed or Act A A A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO • NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 1 Phase 5 1 Phase. 6 1 **/** /I\ 1 North 1 • C= 90" * * *> <+ m + A <+ + +> + + + + + + A **** ++++ v G= 5.0" 1 G= 56.8" 1 G= 6.0" G= 6.2" G= 0.0" G= 0.0" Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" Y+R= 4.0" Y+R= 0.0" Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & CASTLEVALE ROAD 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT , f Lpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH WB LT. RT TH 42 1019 .92 .92 46 1108 21 .92 23 RT+TH LT 1154 23 .000 1.00 .040 .000 SB RT TH NB LT RT TH LT 85 3 45 .74 .74 .74 115 4 61 RT+TH LT 119 61 .000 1.00 .966 .000 WB LT RT TH 13 1034 34 .92 .92 .92 14 1124 37 RT+TH LT 1138 37 .000 1.00 .012 .000 NB LT RT TH LT 1900 1900 1900 1900 1 1 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 .066 1.000 .950 .994 1.00 .855 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1889 125 3093 1805 .000 .950 0 1805 1900 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 .998 1.000 1.000 1.000 1896 .000 0 1900 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 .066 1.00 1.00 1.00 1.00 125 .950 1805 03/24/09 09:25:0 EB RT TH LT 21 2 29 .72 .72 .72 29 3 40 RT+TH LT 32 40 .000 1.00 .906 .000 EB RT TH LT 1900 1900 2 1 1.000 1.00 1.000 1.00 1.000 1.000 1.000 1.000 .952 1.000 .864 1.000 1.000 1.000 3126 1.0 1. 1. 1.00 1.00 .950 1.00 1.00 1.00 1.00 1805 DOC. INDEX # H-3 TOSCANA DEVELOPMENT S40TH AVENUE & CASTLEVALE ROAD 012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group LG Permitted Phase Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C IllitG capacity, c /c ratio, X low ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Illi; pr delay, dA proach LOS ppr flow, vA SB RT . TH LT RT+TH LT 1154 23 1889 1805 4.0 4.0 56.8 5.0 .631 .056 1192 100 .968 .230 .611 .013 * of Compound LTs 0 125 .0 60.8 .676 84 .000 .000 0.704 .856 SB RT TH LT RT+TH LT 1154 23 1192 184 .968 .125 .631 .731 15.7 21.4 .48 .11 18.8 .3 .0 .0 .0 .0 1.00 1.00 34.6 21.7 C C+ 0 0 34.3 C 1177 WB RT 'TH NB LT RT TH RT+TH LT 119 61 3093 1805 4.0 4.0 6.2 6.0 .069 .067 212 121 .561 .504 .038 .034 * * Total lost, L WB RT TH 03/24/09 09:25:51 EB LT RT TH LT RT+TH LT 1138 37 1896 1805 4.0 4.0 56.8 5.0 . 631 .056 1197 100 . 951 .370 .600 .020 * 0 125 .0 60.8 .676 84 .000 .000 16.0 NB LT RT TH RT+TH LT 119 61 212 121 .561 .504 .069 .067 40.6 40.5 .16 .11 3.4 3.4 .0 .0 .0 .0 1.00 1.00 44.0 43.9 D+ D+ 0 0 44.0 D+ 180 Intersection: Delay 33.5 LOS C RT+TH LT 32 40 3126 1805 4.0 4.0 6.2 6.0 .069 .067 214 121. .150 .331. .010 .022 EB LT RT TH LT RT+TH LT 1138 37 1197 184 . 951 .201 .631 .731 15.3 21.6 .46 .11 15.7 .5 .0 .0 .0 .0 1.00 1.00 31.0 22.1 C C+ 0 0 30.7 C 1175 RT+TH LT 32 40 214 121 .150 .069 39.4 .11 .3 .0 .0 1.00 39.8 D+ 0 .331 .067 40.1 .11 1.6 .0 .0 1.00 41.7 D+ 0 40.8 D+ 72 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & CASTLEVALE ROAD 2012 PK PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 ( Phase 1 1 Phase 2 1 Phase 3 1 Phase 4 **/** 1 North <+ m + A * * * * ++++ v G/C=0.056 1 G/C=0.631 1 G/C=0.067 1 G/C=0.069 G= 5.0" 1 G= 56.8" 1 G= 6.0" 1 G= 6.2" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" Off= 0.0% 1 Off=10.0% 1 Off=77.6% 1 Off=88.7% C= 90 sec G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% MVMT TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lvl:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue .1: veh Queue 1: ft SB Approach WB Approach NB Approach RT TH LT RT TH LT RT TH LT 46 1108 23 115 4 61 0/0 12/1 12/1 0/0 24/2 12/1 O 63 0 0 14 14 O 63 6 0 7 7 O 1192 175 0 194 102 14 1124 37 0/0 12/1 12/1 O 62 0 O 63 6 O 1197 175 03/24/09 09:25:11 Ped= 0.0 sec = 0.0% EB Approach Int• RT TH LT Total 29 3 40 2604 0/0 24/2 12/1 0 12 13 O 7 7 O 196 102 3333 C C+ D+ D+ C C+ D+ D+ 0.00 0.97 0.13 0.00 0.56 0.50 0.00 0.95 0.20 0.00 0.15 0.33 0.0 34.6 21.7 0.0 44.0 43.9 0.0 31.0 22.1 0.0 39.8 41.7 O 166 2 0 22 11 0 147 3 0 5 7 O 274 2 0 29 15 0 262 3 0 8 10 C 0.89 33.5 363 603 O 52 0 0 3 3 0 50 1 0 1 2 52 O 1312 9 0 77 74 0 1240 16 0 19 47 1312 DOC. INDEX # 11-3 TOSCANA DEVELOPMENT 03/24/09 IIII40TH AVENUE & CASTLEVALE ROAD 09:25:51 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1177 180 1175 72 2604 Svc Lvl:LOS C D+ C D+ C Deg Sat:v/c 0.95 0.54 0.93 0.25 0.89 HCM Del:s/v 34.3 44.0 30.7 40.8 33.5 Tot Del:min 168 33 150 12 363 # Stops:veh 276 44 265 18 603 Queue 1:veh 52 3 50 2 52 Queue 1: ft 1312 77 1240 47 1312 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & CASTLEVALE ROAD 2012 PM PEAK HOUR VOLUMES WITH PROJECT 04/17/09 14:16:38 ° 1111 SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Input Worksheet Intersection # 1 - Area Location Type: NONCBD 1 1 I 1 1 I Key: VOLUME S-- > 1 63 1 1019 1 21 11 1 1 WIDTHS 1 0.0 1 12.0 1 12.0 11 1 v LANES 1 0 1 1 1 1 II 1 1 1 i1 \ 85 0.0 0 / 1 \ /I\ 3 24.0 2 1 41 12.0 1 / + / 45 12.0 1 North 1 2 24.0 2 -- \ 1 / 35 0.0 0\ 1 1 1 I 57 1 1034 1 13 1 Phasing: SEQUENCE 44 1 1 12.0 112.0 1 0.0 1 PERMSV YNYN I I 1 1 1 1 0 1 OVERLP NNNN I I I 1 I LEADLAG LD LD SB WB NB RT TH LT RT TH LT RT TH LT RT Heavy veh, %HV .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 Pk -hr fact, PHF .92 .92 .92 .74 .74 .74 .92 .92 .92 .72 Pretimed or Act A A A A A A A A A A Strtup lost, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Ext eff grn, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival typ, AT 3 3 3 3 3 3 3 3 3 3 EB TH 41/1 .0 .0 .72 .72 A A 2.0 2.0 2.0 2.0 3 3 Ped vol, vped 0 0 0 0 Bike vol, vbic 0 0 0 0 Parking locatns NO NO NO NO Park mnvrs, Nm 0 0 0 0 Bus stops, NB 0 0 0 0 Grade, %G .0 .0 .0 .0 Sq 44 1 Phase 1 I Phase 2 I Phase 3 I Phase 4 1 Phase 5 1 Phase 6 **/** /1\ North * * *> <+ m + A **** ++++ v C= 90"I G= 5.0" I G= 57.0" 1 G= 5.9" I G= 6.1" 1 G= 0.0" I G= 0.0" 1 Y+R= 4.0" I Y+R= 4.0" 1 Y+R= 4.0" I Y+R= 4.0" I Y+R=..0.0" I Y+R= 0.0" DOC. INDEX # H-3 TOSCANA DEVELOPMENT 4111 N 40TH AVENUE & CASTLEVALE'ROAD 2012 PM PEAR HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Volume Adjust & Satflow Worksheet Volume Adjustment Volume, V Pk -hr fact, PHF Adj my flow, vp Lane group, LG Adj LG flow, v Prop LT, PLT Prop RT, PRT Saturation Flow Rate Base satflo, so Number lanes, N Lane width, fW Heavy veh, fHV Grade, fg Parking, fp Bus block, fbb Area type, fa Lane util, fLU Left -turn, fLT Right -turn, fRT PedBike LT,fLpb PedBike RT,fRpb Local adjustmnt Adj satflow, s Prot LT fLT Prot LT Satflo SB RT TH WB LT RT TH LT 63 1019 .92 .92 68 1108 21 .92 23 RT+TH LT 1176 23 .000 1.00 .058 .000 SB RT TH 85 .74 115 3 .74 4 45 .74 61 RT+TH LT 119 61 .000 1.00 .966 .000 NB RT TH 04/17/09 14:16:38 EB LT RT TH LT 13 1034 .92 .92 14 1124 57 .92 62 RT+TH LT 1138 62 .000 1.00 .012 .000 35 .72 49 2 41 .72 .72 3 57 RT+TH LT 52 57 .000 1.00 .942 .000 WB NB EB LT RT TH LT RT TH LT RT TH LT 1900 1900 1 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 .066 .991 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1884 125 .000 .950 0 1805 1900 1900 1900 1900 1900 1900 2 1 1 1 2 1 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 .952 1.00 1.000 1.00 .952 1.00 1.000 .950 1.000 .066 1.000 .950 .855 1.00 .998 1.00 .859 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 1.000 1.00 3093 1805 1896 125 3106 1805 .000 .950 0 1805 DOC. INDEX # H-3 TOSCANA DEVELOPMENT N 40TH AVENUE & CASTLEVALE ROAD 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - HCM Capacity and LOS Worksheet Capacity Analysis Lane group, LG Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Permitted Phase Adj Flow, v Satflow, s Lost time, tL Effect green, g Grn ratio, g/C LG capacity, c v/c ratio, X Flow ratio, v/s Crit lane group Sum crit v/s,Yc Crit v/c, Xc Delay and LOS Lane group, LG Adj Flow, v LG capacity, c v/c ratio, X Grn ratio, g/C Unif delay, dl Incr calib, k Incr delay, d2 Queue Delay, d3 Unif delay, dl* Prog factor, PF Contrl delay, d Lane group LOS Final Queue,Qbi Appr delay, dA Approach LOS Appr flow, vA SB RT TH LT RT+TH LT 1176 23 1884 1805 4.0 4.0 57.0 5.0 .633 .056 1193 100 .986 .230 .624 .013 * of Compound LTs 0 125 .0 61.0 .678 84 000 000 0.731 .889 SB RT TH LT RT+TH LT 1176 23 1193 184 .986 .125 .633 .733 16.1 21.4 .49 .11 22.6 .3 .0 .0 .0 .0 1.00 1.00 38.7 21.7 D+ C+ 0 0 38.4 D+ 1199 Intersection: Delay WB RT TH 04/17/09 14:160 NB EB LT RT TH LT RT TH LT RT+TH LT 119 61. 3093 1805 4.0 4.0 6.1 5.9 .067 .066 209. 119 .569 .513 .038 .034 * * Total lost, L WB RT TH RT+TH LT 1138 62 1896 1805 4.0 4.0 57.0 5.0 .633 .056 1201 100 .948 .620 .600 .034 * 0 125 .0 61.0 .678 84 .000 .000 16.0 NB LT RT TH LT RT+TH LT 119 61 209 119 . 569 . 067 40.7 .16 3.7 .0 .0 .513 .066 40.6 .12 3.7 .0 .0 1.00 1.00 44.4 44.4 D+ D+ 0 0 44.4 D+ 180 35.1 LOS D+ RT+TH LT 1138 62 1201 184 . 948 .337 . 633 .733 15.1 22.0 .46 .11 15.1 1.1 .0 .0 .0 .0 1.00 1.00 30.3 23.1 C C+ 0 0 29.9 C 1200 RT+TH LT 52 57 3106 1805 4.0 4.0 6.1 5.9 . 067 .066 210 119 . 248 .479 .017 .032 EB RT TH LT RT+TH LT 52 57 210 119 .248 .479 .067 .066 39.8 .11 .6 40.5 .11 3.0 .0 .0 .0 .0 1.00 1.00 40.4 43.6 D+ D+ 0 0 42.1 el D+ 109 DOC. INDEX # H-3 TOSCANA DEVELOPMENT •N 40TH AVENUE & CASTLEVALE ROAD 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance Intersection # 1 - Sq 44 1 Phase 1 **/** /I\ North * * *> <+ m + Phase 2 Phase 3 1 Phase 4 A * * * * ++++ v G/C=0.056 1 G/C=0.633 ( G/C=0.066 G= 5.0" 1 G= 57.0" 1 G= 5.9" Y+R= 4.0" 1 Y+R= 4.0" 1 Y+R= 4.0" Off= 0.0% 1 Off=10.0% 1 Off=77.8% G/C=0.067 G= 6.1" Y+R= 4.0" Off=88.8% C= 90 sec TOTALS Param:Units AdjVol: vph Wid/Ln:ft/# g/C Rqd@C:% g/C Used: % SV @E: vph Svc Lv1:LOS Deg Sat:v/c HCM Del:s/v Tot Del:min # Stops:veh Queue 1:veh Queue 1: ft 04/17/09 14:16:38 G= 74.0 sec = 82.2% Y=16.0 sec = 17.8% Ped= 0.0 sec = 0.0% SB Approach WB Approach RT TH LT RT TH LT 68 1108 23 0/0 12/1 12/1 O 64 0 O 63 6 O 1193 175 115 4 61 0/0 24/2 12/1 O 14 14 O 7 7 O 191 100 NB Approach EB Approach Int RT TH LT RT TH LT Total 14 1124 62 0/0 12/1 12/1 0 62 1 0 63 6 0 1201 175 49 3 57 2688 0/0 24/2 12/1 O 13 14 O 7 7 O 192 10.0 3327 D+ C+ D+ D+ C C+ D+ D+ 0.00 0.99 0.13 0.00 0.57 0.51 0.00 0.95 0.34 0.00 0.25 0.48 0.0 38.7 21.7 0.0 44.4 44.4 0.0 30.3 23.1 0.0 40.4 43.6 O 190 2 0 22 11 0 144 6 0 9 10 O 287 2 0 29 15 0 261 5 0 12 14 D+ 0.89 35.1 394 625 O 56 0 0 3 3 0 49 1 0 1 3 56 O 1397 9 0 77 74 0 1230 30 0 32 68 1397 DOC. INDEX # 11-3 TOSCANA DEVELOPMENT 04/17/0 0 N 40TH AVENUE & CASTLEVALE ROAD - 14:16 2012 PM PEAK HOUR VOLUMES WITH PROJECT SIGNAL2000/TEAPAC[Ver 2.70.07] - Evaluation of Intersection Performance APPR TOTALS Int Param:Units SB Approach WB Approach NB Approach EB Approach Total AdjVol: vph 1199 180 1200 109 2688 Svc Lvl:LOS D+ D+ C D+ D+ Deg Sat:v/c 0.97 0.55 0.92 0.37 0.89 HCM Del:s/v 38.4 44.4 29.9 42.1 35.1 Tot Del:min 192 33 150 19 394 # Stops:veh 289 44 266 26 625 Queue 1:veh 56 3 49 3 56 Queue 1: ft 1397 77 1230 68 1397 O DOC. INDEX # A-3 • TWO-WAY STOP CONTROL SURt7illARY General Information alyst gency/Co. • e Performed 2/26/2008 alysis Time Period roject Description EXISTING PM PEAK HOUR VOLUMES ast/West Street: Castlevale Road Intersection Orientation: North-South Site Information Intersection Jurisdiction Analysis Year ehicle. Volumes and Adjustments Fechter & Castlevale Fechter Road North/South Street: Study Period (hrs): 0.25 jor Street ovement Northbound Southbound 1 2 3 4 5 6 L T R L T R olume Peak -Hour Factor, PHF ourly Flow Rate, HFR ercent Heavy Vehicles edian Type T Channelized 0 68 2 1 31 0 1.00 0.76 0.76 0.67 0.67 1.00 0 89 2 1 46 0 0 0 Two Way Left Tum Lane 0 0 nes nfiguration pstream pstream Signal inor Street ovement 0 1 0 1 1 0 TR L T 0 0 Westbound Eastbound 7 8 9 10 11 12 L T R L T R olume Peak -Hour Factor, PHF ourly Flow Rate, HFR • ercent Heavy Vehicles ercent Grade (%) fared Approach torage T Channelized nes • nfiguration 2 0 1 0 0 0 0.38 1.00 0.38 1.00 1.00 1.00 5 0. 2 0 0 0 0 0 0 0 0 0 0 0 N N 0 0 0 0 0 0 0 0 0 0 LR Delay, Queue Length, and Level of Service proach ovement ovement ne Configuration (vph) (m) (vph) c NB SB Westbound Eastbound 1 4 7 8 9 10 11 12 L LR 1 7 1517 865 0.00 0.01 5% queue length • ntrol Delay OS } • proach Delay •proach LOS •Rights Reserved ucs20001M Version 4.1d 0.00 0.02 7.4 9.2 A A 9.2 A Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # 11-3 TWO-WAY STOP CONTROL SUMMARY General Information Site Information 1 nalyst • gency/Co. Date Performed 2/26/2008 • nalysis Time Period intersection Fechter & Castlevale Jurisdiction Analysis Year Fechter Road 'Project Description 2012 PM PEAK HOUR VOLUMES WITHOUT PROJECT EastNVest Street: Castlevale Road North/South Street Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R olume 0 72 2 1 33 0 Peak -Hour Factor, PHF 1.00 0.76 0.76 0.67 0.67 1.00 Hourly Flow Rate, HFR 0. 94 2 1 49 0 Percent Heavy Vehicles 0 — — 0 — — Median Type Two Way Left Tum Lane RT Channelized 0 0 Lanes 0 1 0 1 1 0 Configuration TR L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 2 0 1 0 0 0 ;Peak -Hour Factor, PHF 0.38 1.00 0.38 1.00 1.00 1.00 Hourly Flow Rate, HFR 5 0 2 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service • pproach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR (vph) 1 7 C (m) (vph) 1510 859 lc 0.00 0.01 95% queue length 0.00 0.02 Control Delay 7.4 9.2 LOS. A A • pproach Delay — — 9.2 • pproach LOS — — A HCS2000Tm Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # 11-3 TWO-WAY STOP CONTROL SUMMARY 'General information Site Information Analyst Agency/Co. Date Performed 2/26/2008 Analysis Time Period Intersection Fechter & Castlevale Jurisdiction Analysis Year Fechter Road Project Description 2012 PM PEAK HOUR VOLUMES WITH PROJECT East/West Street: Castlevale Road North/South Street: Intersection Orientation: North-South Study Period (hrs): 0.25 lehicie Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 - L T R L T R Volume 0 73 2 1 35 0 Peak -Hour Factor, PHF 1.00 0.76 0.76 0.67 — 0.67 1.00 Hourly Flow Rate, HFR 0 _ 96 2 1 52 0 Percent Heavy Vehicles 0 -- — 0 — — Median Type Two Way Left Turn Lane RT Channelized 0 _ 0 Lanes 0 1 0 1 1 0 Configuration TR L T Upstream Signal , 0 0 !Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R ;Volume 2 0 1 0 0 0 Peak -Hour Factor, PHF 0.38 1.00 0.38 1.00 1.00 1.00 'Hourly Flow Rate, HFR 5 0 _ 2 0 0 0 ;Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 • 0 Flared Approach N N Storage 0 0 'RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service pproach NB SB Westbound Eastbound Movement 1 4 - 7 8 9 10 11 12 Lane Configuration L LR v (vph) 1 T 7 C (m) (vph) 1508 856 v/c 0.00 0.01 95% queue length - 0.00 0.02 Control Delay 7.4 9.2 LOS A A Approach Delay — -- 9.2 Approach LOS — — A HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # H-3 TWO-WAY STOP CONTROL SUMMARY rGeneral information Site Information nalyst gency/Co. Date Performed 2/26/2008 nalysis Time Period Intersection Castlevale & Entrance Jurisdiction Analysis Year Project Description 2012 PM PEAK HOUR VOLUMES WITH PROJECT East/West Street: Entrance North/South Street: Castlevale Road Intersection Orientation: North-South Study Period (hrs): 0.25 ehioie Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L .T R L T R olume 44 74 0 0 35 2 Peak-Hour Factor, PHF_ 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 48 82 0 0 38 2 Percent Heavy Vehicles 0 — — 0 — — Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 • 0 Configuration_ L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 0 0 0 1 0 26 ;Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 0 0 0 1 0 28 ercent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N torage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration _ LR .Delay, Queue Length, and Level of Service pproach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR (vph) 48 29 C (m) (vph) 1583 1024 /c 0.03 r 0.03 • 5% queue length 0.09 0.09 Control Delay 7.3 8.6 LOS A A pproach Delay — — 8.6 pproach LOS — — A 1 HCS2000TM Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1d DOC. INDEX # H-3 • APPENDIX "D" AACOUSTICS 3924 SW. CAWRLLE TER POR71AND. OR 972237043 TEUFAX: 503.977 -MO O elkittaacoustics.care Keith Basham Envizage Development 200 Galloway Drive Yakima, WA 98908 p: (253)-405-0442 e: keith@envizagegroup.com Re: SEPA Acoustical report, Toscana Development, Yakima, WA April 20, 2009 RECEIVED MAY 1 1 2009. CITY OF YAKIMA PLANNING DIV Envizage Development is the developer of the Toscana Development, Yakima, WA. This development is bound on the East and South side by Congdon Canal, Castievale Road is in the Northeast corner and Carriage Hill Estate is at the East. The City of Yakima requires a noise study as per SEPA On April 15 2009 A Acoustics conducted sound data collection to establish existing ambient sound levels. Measured location was (see Map I, taken from Google): near west end of Kern Way. This report contains findings and analysis of the measured sound data and analysis of the sound impacts of the proposed development. Noise Regulation This project is subject only to the City Yakima Noise Ordinance which is as follow: 6.04.180 Public disturbance noise A. Findings and Declaration of Necessity. The causing, making or maintenance of noises which unreasonably disturb the comfort, peace and repose of others, or the allowing of such noises to emanate from property, are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the city of Yakima. The necessity in the public interest for the provisions, controls and prohibitions of this section is declared to be a matter of legislative determination and public policy; and it is further declared that the provisions, controls and prohibitions of this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city of Yakima and its inhabitants. DOC INDEX # - Page 1 of 14 A Acoustics April 17, 2009 B. Public Disturbance Noise. It is unlawful for any person to knowingly cause or make, or for any person in possession of property to knowingly cause, permit or allow to emanate there from any sound that is a public disturbance noise. c. Public Disturbance Noise Defined. A public disturbance noise is a sound which by its intensity, volume, frequency, duration or character unreasonably disturbs or interferes with the peace, comfort and repose of others. D. Specific Noises Prohibited. The following sounds are determined to be public CITY OF YAKIMA disturbance noises in violation of this section; however, the following enumeration shall not PLANNING DIV. be deemed to be exclusive: 1. Motor Vehicle Horns, Etc. The frequent, repetitive, continuous or unnecessary sounding of any horn, siren or signaling device attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Engine Noises in Residential Areas. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential area so as to unreasonably disturb or interfere with the peace, comfort and repose of residential occupants within the area; RECEIVE- MAY 1 1 2009 3. Yelling, Shouting, Etc. Loud and raucous yelling, shouting, hooting, whistling, or singing at a place so as to unreasonably disturb or interfere with the peace, comfort and repose of occupants of real property; 4. Musical Instruments, Sound Systems, Etc. The creation or allowing of frequent, repetitive or continuous sounds which emanate from any building, structure, residence, apartment or condominium which unreasonably disturbs or interferes with the peace, comfort and repose of others, or which is plainly audible greater than fifty feet from the edge of the source's property line, such as sounds from musical instruments, audio sound systems, television sounds, band sessions or social gatherings. Plainly audible means a sound easily understood or identified; 5. Motor Vehicle Sound Systems. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume sous to be plainly audible greater than fifty feet from the vehicle itself. Plainly audible means a sound easily understood or identified; 6. Portable Audio Equipment. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated on property open to the public at a volume so as to be plainly audible fifty feet or more from the source; however, if operated upon the property of the operator or other private property, at a volume so as to be plainly Audible greater than fifty feet from the property. Plainly audible means a sound easily understood or identified. E. Disturbing Noise Factors. Included among the factors which may be considered in determining whether any sound is unreasonably disturbing, but not limited thereto are: 1. Time of day; Toscana Development, Acoustical Evaluation DOC. INDEX I Page 2 of 14 - of 0 0 A Acoustics April 17, 2009 2. Whether the day is a weekday, Sunday or holiday; 3. Nature and character of the sound; RECEIVED 4. Volume of the sound; MAY 1 1 2009 5. Duration of the sound; CITY OF YAKIMA PLANNING DIV. 6. Frequency or continuity of the sound; 7. Degree of necessity of the sound in relation to the activity producing or generating it; 8. Degree of necessity of the activity producing or generating the sound in relation to the affected area; 9. Legal character of the affected area; and 10. Actual character of the affected area. F. Exemptions. The following sounds are exempt from the provisions of this chapter: 1. Sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations; 2. Sounds created by safety and protective devices, such as relief valves, where noise uppression would defeat the safety release intent of the device; 3. Sounds created by the fire alarms; 4. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; 5. Sounds created by the discharge of firearms in the course of lawful hunting or lawful target practice activities; 6. Sounds originating from forest harvesting and silviculture activity, and from commercial agriculture; 7. Sounds created by auxiliary equipment on motor vehicles used for highway maintenance; 8. Sounds created by off-highway vehicles while being used in officially designated off- road vehicle parks. Such off-road vehicles are nevertheless subject to the provisions of RCW 46.09; 9. Sounds created by warning devices not operated continuously for more than thirty minutes per incident; Toscana Development, Acoustical Evaluation Doc. INDEX Page 3 of 14 A Acoustics April 17, 2009 10. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by operating on the railroad; 11. Sounds created by refuse removal equipment; 12. Sounds originated from officially sanctioned parades and other public events; 13. Sounds created by motor vehicles while being driven upon public highways. Such motor vehicles are nevertheless subject to the provisions of WAC Chapter 173-62; 14. Sounds originating from motor vehicle racing events at authorized facilities; 15. Sounds created by construction or lawn and garden equipment from six a.m. to ten p.m. weekdays and from eight a.m. to ten p.m. Sundays and legal holidays; 16. Sounds created by lawfully established commercial and industrial uses; 17. Sounds originating from regularly scheduled events at parks, such as public address systems for baseball games or park concerts; and 18. Sounds permitted under noise and parade permits issued under the provision herein provided. G. Noise Permit and Parade Permit as Exceptions. RECEll ED MAY .1 1 2009 CITY OF YAKIIVIA PLANNING p 1. Noise Permit. The office of code administration may grant a permit to make noise or perform acts otherwise controlled or prohibited by this section upon application by a person specifying the nature and extent of noise to be made or continued, or the act to be performed, upon a determination by the office of code administration that to deny the permit under the circumstances surrounding the making of the application would create an undue hardship upon the applicant and upon a further determination by the office of code administration that to grant the permit would not create an undue or prolonged hardship on others for whose benefit and protection the noise or act is prohibited by this section. Any permit so granted may contain conditions or requirements upon which it is granted as the office of code administration deems necessary to minimize the adverse effect upon the people of the community or surrounding neighborhood which may be affected by granting the permit, and the permit shall specify a reasonable time for which it is to be effective. In addition to the basis of undue hardship as a standard for granting such a permit, the office of code administration may grant such a permit upon his determination that: (a) The granting of the permit is necessary to allow applicant to modify his customary activities so as to comply with this section, if the office of code administration determines that such customary activity of applicant was not originally undertaken or performed under circumstances and in a manner evidencing a total disregard for the rights of others; Toscana Development, Acoustical Evaluation DOC. INDEX Page 4 of 14 O • • A Acoustics April 17, 2009 (b) The activity, operation or noise source will be of a temporary duration and cannot reasonably be performed or controlled in such a manner so as to comply with the provisions of this section; or (c) The activity creating the noise constitutes a program of a temporary nature for the benefit of the entire municipality or for the benefit of a charitable purpose. • 2. Offenses. It is unlawful for any person to knowingly join or participate in any activity conducted in violation of any term of any permit granted by this chapter. 3. Parade and Motorcade Permits. The provisions, controls and prohibitions of this section shall not apply to noise made and acts performed by bona fide participants in a parade or motorcade authorized by a permit issued pursuant to the provisions of Section 9.70.010 et seq. H. Public disturbance noise is a misdemeanor. *(Ord. 2004-15 § 4, 2004: Ord. 94-22 § 13, 1994; Ord_ 3385 § 1, 1991: Ord. 2159 § 1, 1978; Ord. 1329 § 1, 1971: Ord. A-236 § 1(33), 1917). Toscana Development, Acoustical Evaluation DOC. INDEX # — oz RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. Page 5 of 14 A Acoustics MAP I Site Map with Sound Recording Location April 17, 2009 RECERIO MAY 1 1 2009 CITY OF YAKIMA 111/1MNING Div Toscana Development, Acoustical Evaluation DOC. IND # -a r�A Page 6of14 • A Acoustics MAP II Site Map of the Proposed Development .S.,,.4.11...741-1,!. • .0" \ '•Y" Fr* S:A.M.05.r.21PJ U'Llattl1/41/- b:1.! "az, t`..,•:.5: 5;7> '71 omsrodea / zl„ April 17, 2009 - As.) atsla4 '191 • A. . - t rl'i • V / C7,,A3a, • aSt',5,113,t :::::::1;:, T'azEg..„Z..., in.. 7. v,,,_-_:: s •—.. ;i'..„\ Ltvr2,„„.....„m•...,,,,.:1 lorrii 1.; 6....„.„. Di INC14130 l'312z. 41W. • ' • *c .0A\ ,q4s p) t. !• • 4l.it ,==tosa1t1x, .e,. .1c•, ...7 //4--- fi '' \\..,.\t..,—I 1 \<. ,„4 .......,„... „...,..... .,,.,..- ........,.:.•.^.7.' ,2......7' ..-..,.s..—..f.1., 41,71.14.411,14T S. 01**7-1.0e4M-S4. 14 .121=.24 -,..tea,11.1Pfteat Aim ,Laws, 1-4. 6t43..c r =,w 1tY • Toscana Development, Acoustical Evaluation DOC. INDEX RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNit,;OV Page 7 of 14 A Acoustics April 17, 2009 Data collection of existing noise and analysis procedure A precision sound pressure level meter (Type 1) was placed at the Recording Station (see Map 1). Sound data and a calibration signal were recorded into an acoustical computer. Observations of ambient and other noise sources such as wind, traffic and other pertinent factors were noted during the data collection intervals. Data was computer time -stamped at one -second intervals. 0 During data collection weather conditions were lightly cloudy with air temperature at 55° F, no rain, no perceptible wind. Loudest ambient sound was from vehicular traffic. Additional sound included birds, dogs, and airplanes. RECEIVE® Sound I1 escriptions A -weighting Generally, the sensitivity of human hearing is restricted to the frequency range of 20 Hz to 20,000 Hz. The human ear, however, is most sensitive to sound in the 500 to 8,000 Hz frequency ranges. Above and below this range, the ear becomes progressively less sensitive. To account for this feature of human hearing, sound level meters incorporate a filtering of acoustic signals according to frequency. This filtering is devised to correspond to the varying sensitivity of the human ear to sound over the audible frequency range. This filtering is called A -weighting. Sound pressure level values obtained using this weighting are referred to as A -weighted sound pressure levels and are signified by the identifier dBA. To provide some perspective, the following figure gives typical A -weighted sound pressure levels of various common sounds. An important feature of the human perception of continuous sound is that an increase or decrease in sound pressure level by 3 dB or less is barely perceptible; an increase or decrease of 5 dB is clearly perceptible; and an increase or decrease of 10 dB is perceived as a doubling or halving of noise level. Toscana Development, Acoustical Evaluation MAY 1 1 2009 CITY OF YAKIMA 128 130 Threshold of pain PLANNING DIV. 64 120 ;--- -) Jet aircraft take -off at 100 l' loudness level ratio 4 2- 110 Riveting machine at operator's position 100 Cut-off saw a' operator's position Automobile horn al 10' 90 - Industrial boiler roorn Butidozer at 50 H • 80 Sports car interior at 60 mph Diesel locomotive at 600' • 70 Quiet air compressor at 50' 0 0 0 1 ` t 60 - --- Normal conversational speech at 5'-10' 1/2 i Q 50 - Open office area background level 1/4 40 ---: Residentta` with soft radio rn.,sic Residential backgrounc Level 1/8 - - 30 1 Soft whisper at 2' Recording studio 1/16 __.._.- 20 Concert hal DOC. INDEX Page 8of14 0 • • A Acoustics April 17, 2009 Environmental Noise Descriptors Besides frequency and level, environmental sounds exhibit a time -varying or temporal characteristic. The temporal character of noise level can be illustrated by considering noise levels that occur near a highway. During the day, noise levels are generally high, increasing to higher peaks when a noisy truck passes and decreasing to a lower level between vehicle platoons. At night, when traffic volumes are lower, the same variation occurs, but is centered on a lower level. Noise descriptors are quantifications of noise that combine, into a single value, the three chief features of environmental noise: level, frequency and temporal characteristics. The use of A -weighted sound pressure level combines the first two characteristics level and frequency - into a single number. Then, by averaging A -weighted sound pressure levels over time in various fashions, noise descriptors that combine all three features can be developed. A commonly used descriptor is percentile A -weighted sound levels, A - weighted sound pressure levels exceeded for specific percentages of time within a noise monitoring period. For example, the one-hour 50 -percentile A - weighted noise level, symbolized as the L50 (1 hour), is the A -weighted noise level exceeded a total of 30 minutes out of a continuous 60 -minute period. Likewise, the L10 (20 minutes) is the A -weighted noise level exceeded a total of two minutes out of a continuous 20 -minute period. Percentile A -weighted noise levels most often are used to assess the time - varying character of noise. The residual noise level (defmed as the nearly constant, low level of noise produced by distant motor vehicle traffic or industrial activity) is indicative of the lowest Level in a monitoring period. Residual noise level is commonly defmed as the L90, i.e., the A -weighted sound level exceeded 90% of a monitoring time period. Intrusive noise is characterized as a high noise level that endures for only a short period and is produced by such events as aircraft flyovers and truck passbys. Intrusive noise level is often defined as the L10, i.e., the A -weighted sound level exceeded 10% of a monitoring time period. Although the L10 is useful for under- standing environmental noise, it is no longer used by any federal agency in setting standards. Instead, the equivalent sound level has become commonly adopted as discussed below. Equivalent Sound Level For several years, the U.S. Environmental Protection Agency (EPA) has encouraged the use of the equivalent sound level: a descriptor that uses the average A -weighted energy and differs significantly from 50th percentile, or median, sound pressure level. Unlike the 50th percentile sound level which is not influenced by peak noise levels of short duration, the equivalent sound level is: Therefore, the A -weighted equivalent sound level combines level, frequency, and temporal character into a single -valued descriptor. Equivalent sound level, symbolized as Leq, isalwayshigher than the L50), as it is influenced by noise contributions of high level and short duration such as aircraft flyovers or noisy truck passbys. Toscana Development, Acoustical Evaluation DOC. INDEX # H _ RECEIVED MAY 1 1 2OU9 CITY OF YAKIiwH PLANNING DIV. Page 9 of 14 A Acoustics April 17, 2009 Findings The existing ambient percentile A -weighted sound levels at the recording station were: L01 of 58 dBA, L10 of 49 dBA, L50 of44 dBA, and L90 of 41 dBA. The equivalent sound level was Leq of 47 dBA. The City regulation does not set a maximum decibel level not to exceed. The following graphs show sound level data. The following page represents one measurement interval and includes two graphical representations of the data as follows: 1. The top graph shows the sound level as recorded. The X-axis is time of the sound measurement and the Y-axis is sound level in dBA. 2. The bottom graph is the same data with data points sorted according to sound level and plotted against the percentage of the time period during which each sound level occurred. The X-axis is the percent of the measurement time and the Y-axis is sound level in dBA. This representation of the sound data is necessary to calculate the L50, L10 and L01 values. For example the L50 value is the sound level, in dBA, which was reached or exceeded during 50% of the measurement time period. Toscana Development, Acoustical Evaluation DOC. INDEX RECEIVED MAY 1 1 2009 CITY OF YAKIlbibi PLANNING DIV. Page 10 of 14 A Acoustics April 17, 2009 RECEIVED Sound Pressure Level dBA 63 58 53 48 43 38 Sound Level dBA 10:50 AM April 15, 2009 _.r MAY 1 1 2009 CITY OF YAKIMA PL ' NING DIV. h64; hei'�i3 `hyh�h1 yC5A7'01'A3t�`Ahki° 6Vf 10::< l >:4` i t°:'0:y�:y�. �',y0 ;y� :y0;� :y4',4.10;�:y0:�'y;1°�:�ti;,'L;�'y:1'1';1'y;1'y:�'b;�'�.y'L:�'�:y1•.1'1'r1'�;y'L',�'�';y'�:�'L;1'1 Sound Recording Time Most of the noise originates from vehicular traffic on N 40 Avenue. High peaks are from a pickup truck on Kern Way. The 10:58 and 11:12 sounds are from airplane. Statistical Noise Survey 65 , 60 tl Z 55 m -a 50 z > d J -0 45 c a con 40 35 0% 10% 20% 30% % 40% of Time 50% Sound 60% Level 70% is Exceeded 80% 90% 100% Toscana Development, Acoustical Evaluation DOC. INDEX Page 11 of 14 A Acoustics April 17, 2009 PREDICTED SOUND LEVELS Sound sources associated with the new development. These may include: 1. Traffic pattern changes on Castlevale Road, and N 40th Avenue. 2. Automobiles driving, idling. Car doors closing. 3. Condensers for HVAC units. 4. Gardening noise such as lawn mowing and leaves blowing. 5. Garbage trucks 6. Delivery trucks 7. Construction activity (during construction only) 8. Maintenance activity RECEIVED MAY 1 1 2009 anf OF YAKIMA PLANNING DIV. HVAC sound emanates from heat pumps and air conditioning units may impact the residential unit nearby only. New construction sound may include the following: 1. Removal of existing structures trees and waste material. 2. Placing utilities such as sewer water and gas piping and electricity. 3. Grading 4. Material delivery 5. Construction tools, vehicles, and activities. Much of construction sound comes from engines (mostly diesel) providing operating power and compressed air. Table 1 shows expected noise levels at a distance of 50 feet from construction equipment. Not all equipment listed in. Table 1 will be used in the construction. Sound from construction is specifically exempted from limitation by city code if such sound occurs during weekday day time hours 6:00 AM to 10:00 PM, weekends and holidays between 8:00 AM to 10:00 PM. It is recommended that construction sounds occur during the exempted time periods. Toscana Development, Acoustical Evaluation DOC. INDEX Page 12 of 14 O • • A Acoustics April 17, 2009 Table 1 Construction Equipment and the Expected Noise at 50 feet RECEIVE MAY 1 1 2009 OF YAKIMA NNING DIN. NOISE LEVEL (d5A) AT 50 FT %lett1 ¢ 60 70 BO 90 100 IP tilW Z v z u o % 0 m O V a ?_ a_ I, Z m IJ C: 3 o a 2 us •a :-3 a W 0 ^ > o = TRACTORS 1' tr w SCRAPERS, COMPACTERS (ROLLERS) H FRONT LOADERS I I - BACKHOES I I' • I I GRADERS PAVERS TRUCKS 0 H I I z J z th a w a rt CONCRETE M1XCRS CONCRETE PUMPS CRANES (MOVABLE) CRANES(DERRICK) I i H I I H ii, a o ac 1- cn PUMPS GENERATORS COMPRESSORS H I I -I 1 IOTHER IMPACT l EQUIPMENT PNEUMATIC ‘TRENCHES JACK HAMMERS AND ROCK DRILLS PILE DRIVERS (PEAKS) l'" --I I 4 0 I VIBRATOR SAWS 8 1 I I Note: Based on Limited Available Data Samples Toscana Development, Acoustical Evaluation DOC. INDEX # 14-g_ Page 13 of 14 A Acoustics CONCLUSION April 17, 2009 The existing ambient sound level at the property is Leq of 47 dBA. The City code does not set maximum allowable level in decibels for residential homes. The sound source recorded is primarily from vehicular traffic and other sound sources unrelated to this development. Normal vehicular sound from public roads is exempt from the code. The expected sound level from this development is similar to normal residential development. We trust that this letter adequately addresses the noise impact associated with development. If you have any question please call us at (503) 977-2690. Sincerely, A ACOUSTICS Elki M. Lahav, P.E. Principal Acoustical Engineer Toscana Development, Acoustical Evaluation DOC. INDEX # 1 RECEIVED MAY 1 1 2009 CITY OF YAKIMA PLANNING DIV. Page 14 of 14 O • ENGINEERING & SURVEYING May 7, 2009 Mr. Joseph Calhoun City of Yakima Planning Division 129 North 2nd Street,.2° Floor Yakima, WA =98901 Re: Planned Development and Preliminary Plat of Toscanna by Envizage Development Group Dear Joseph: BRADLEY J. CARD, P.E. DOUG KUHN, P.E. SCOTT GARLAND, ELT LOUIE W. WISHERT, JR., PIS RICHARD L WEHR, PLS JOSEPH W. BAKER, PLS Envizage Development Group is requesting a variation to the City of Yakima standard residential roadway section. Since the development will be a gated development with private roads and the general public will not have access to the streets within the development, they are requesting that they be allowed to have sidewalk on only one side of the street instead of on both sides. The street section is going to be configured such that parking is allowed only on one side of the street with the one sidewalk being located on that side. In areas where parking will not be allowed, the street cross-section will be 26 feet wide back to back of rolled curb. Please review the included proposed street cross-sections. If you have any questions, please give me a call. Sincerely, RICHARD L. WEHR, P.L.S. Survey Manager RLW:jc Enclosures DOC. INDEX # _/ 1120 West Lincoln Avenue 0 Yakima, Washington 98902 • (509) 575-6990 • FAX (509) 575-6993 12.5' H BUILDING SETBACK 1 I 10' 34"4- Pei? EA1 DRY SEMUTIENTLITY \ % 0 2.00% /4. /:////////�/,t/,7/,�/, ,y //7. V V//V� V `///�/Y/ymoi. ASPHALT CONCRETE PAVEMENT CL -S Thr 2" COMPACTED DEPTH MINIMUM CSBC 6" COMPACTED DEPTH MINIMUM 50' PRIVATE ROAD RIGHT-OF-WAY 20' HIGH POLE LIGHT—N\ STREET TREES - SPACING PER STREET STANDARDS 25' LINE SHOWN ON SITE PLAN SLOPE PER FINAL DEVELOPMENT PLANS 000 LINE SHOWN ON SITE PLAN 9' (PARALLEL 5' •I PARKING STALL) SIDEWAL 2.0' i —7N ¢. 0.01111Wilia • • • t� w•3i.+••••`�'+ ,;i:.:%-'^`�iSt «' ; r,`.. :,.._.: .. a;.q:i .�` y.�.�Y.F �:,'•. . . ;Y _..:. • 0 Y `0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 STORM DRAINAGE SYSTEM AS REQUIRED WATER LINE SANITARY SEWER 3MIN. 16' DRY UTILI�Y EASEMEI1T 2:1 SCOPE PER ;\;\;\��\���\jam\/�\\/\\/', //'//'//\ 4" CONCRETE OVER 2" CSTC (COMPACTED DEPTH) CEMENT CONCRETE ROLLED CURB AND. GUTTER PER YAKIMA STD. DETAIL R1 GRAVEL BASE COMPACTED GRADE CITY OF YAKIMA RESIDENTIAL ROAD SECTION R-05 (MODIFIED KITH ROLLED CURB & PARALLEL PARKING) BECAUSE PROJECT WILL BE GATED AND TRAFFIC LIMITED PRIMARILY TO ONSITE INHABITANTS, WE ARE PROPOSING TO HAVE 5' CONCRETE SIDEWALK ONLY ON ONE SIDE OF INTERIOR ACCESS ROADS TYPICAL ROADWAY SECTION A -A SCALE: 1" = 5' 0' 2.5' 5' 10' W J D'A STREET TREES - SPACING PER STREET STANDARDS 20' HIGH POLE LIGHT—�` 50' PRIVATE ROAD RIGHT-OF-WAY 1' O 12.5' r - BUILDING SETBACK 10' SZOP4- Ir DRY UTILITY EASEMENT \//N/\,2.1 /\ /\ �� %\/ V V V//_ ..\\, 7i. / \j // // V/ i / v y y v v v v / \ \ /// / // \ 10'_0„ CLR. ASPHALT CONCRETE PAVEMENT CLASS A 0 0 12.5' BUILDING SETBACK 16' .. / SCOP ,/ /\/\//�//\/ \7 \4A E PER -o-o-o-000 00000000000/\ � ////' /�i = 4" CONCRETE OVER 2" CSTC (COMPACTED DEPTH) DRY UTICIl'f EASEMENT 2" COMPACTED DEPTH MINIMUM CSBC 6" COMPACTED DEPTH MINIMUM STORM DRAINAGE SYSTEM AS REQUIRED WATER LINE SANITARY SEWER CEMENT CONCRETE ROLLED CURB AND GUTTER PER YAKIMA STD. DETAIL R1 GRAVEL BASE COMPACTED GRADE CITY OF YAK/MA RES/DEN TIAL ROAD SECTION R-05 (MOD/FIED //lTH ROLLED CURB & SIDENALK) ATYPICAL ROADWAY SECTION BB SCALE: 1" = 5' 2.5' 5' 10' BECAUSE PROJECT WILL BE GATED AND TRAFFIC LIMITED PRIMARILY TO ONSITE INHABITANTS, WE ARE PROPOSING TO HAVE 5' CONCRETE SIDEWALK ONLY ON ONE SIDE OF INTERIOR ACCESS ROADboc. INDEX -1 • • RESOLUTION NO. R -2009- A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Toscanna, LLC (hereinafter "Developer"), property owners, to provide for the terms and conditions for a Master Planned Development and Preliminary Plat of property located in the vicinity of Castlevale Road and Seattle Slew Run (hereinafter "Project"). WHEREAS, the City of Yakima (hereinafter "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and. WHE EAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.708.170 - .210; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinance, which originally zoned the property Two -Family Residential; and WHEREAS, by application dated May 11, 2009, Developer proposed the planned development and subdivision of 11.05 acres of land, containing a portion of Assessor's Parcel Number 181315-31011, legally described in Exhibit "A", attached hereto and incorporated herein by this reference, located in the vicinity of Castlevale Road and Seattle Slew Run, Yakima, Washington (hereinafter "Subject Property"); and WHEREAS, on May 18, 2009, the City issued a Notice of Application, Environmental Review, and Public Hearing for the Project; and WHEREAS, on June 12, 2009, the City issued a Final Mitigated Determination of Nonsignificance for compliance with the State Environmental Policy Act; and WHEREAS; on July 9, 2009, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested Project; and WHEREAS, on July 22, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation") regarding PD#001-09 and PLP#001-09 recommending that the Project be approved, subject to conditions; and WHEREAS, at a dosed -record public hearing held on August 18, 2009, the City Council considered the requested rezone, including the documents and other evidence, which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and ac)re&Toscanna - Development Agreement WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone; and WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decision for the execution of a development agreement between Developer and the City to implement the conditions set forth in the Final Decision; and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive .Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; now, therefore, BE IT RESOLVEDr 'Y THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Development Agreement, Exhibit "B", attached hereto and incorporated herein by this reference. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety, and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th day of August, 2009. David Edier, Mayor ATTEST: City Clerk (jc)res/Toscanna - Development Agreement • • •