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12/07/2021 12.C. Distribution of the Complete Record for the closed hearing on PD#002-21 and the Plat of Upper Valley Estates 1 • I.:41 rr 11 i i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12.C. For Meeting of: December 7, 2021 ITEM TITLE: Distribution of the Complete Record for the closed hearing on PD#002-21 and the Plat of Upper Valley Estates SUBMITTED BY: Joan Davenport,AI CP, Community Development Director Joseph Calhoun, Planning Manager(509) 575-6042 SUMMARY EXPLANATION: The complete record for the closed hearing of the master planned development known as the "Plat of Upper Valley Estates" submitted by Greg and Adele Bainter is being distributed to City Council members in this agenda packet. Please bring these materials to the public hearing which will take place on December 14, 2021 . ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type ❑ Complete Record Bainter-PC#002-21, PLP#002-21 11/24/202' Backup Material 2 GREG & ADELE BAINTER PLAT OF "UPPER VALLEY ESTATES" PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008-21 City Council Closed Record Public Hearing December 14, 2021 EXHIBIT LIST Applicant: Greg& Adele Bainter File Numbers: PD#002-21, PLP#002-21, CL2#019-21, SEPA#010- 21, TCO#008-21 Site Address: 502 S. 90th Ave. Staff Contact: Trevor Martin, Senior Planner Table of Contents CHAPTER AA Hearing Examiner Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST Review & Agency Comments CHAPTER E Applications CHAPTER F Public Notices CHAPTER G Public Comments 3 GREG & ADELE BAINTER PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST CHAPTER AA Staff Report DOC DOCUMENT DATE INDEX# AA-1 Heating Examiner Recommendation 09/12/2021 4 RECEIVED OCT ® 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATIONS October 7, 2021 In the Matter of a Planned Development, ) Class (2) Duplex Use and 20-Lot Long Plat ) Submitted on behalf of the Property Owner ) PD#002-21 A DLT Investment Group, LLC ) CL2#019-21 PLP#002-21 For a Planned Development, 20 Class (2) ) SEPA#010-21 Duplex Uses and a 20-Lot Preliminary Plat ) Of"Upper Valley Estates" to be Located ) At 502 South 90th Avenue in the B-2 Zone ) A. Introduction. The preliminary findings relative to the hearing process for this matter are as follows: (1) The Hearing Examiner conducted an open record public hearing on September 9, 2021. (2) The comprehensive Planning Division staff report which was prepared and presented by Senior Planner Trevor Martin recommended approval of the applications for a Planned Development, 20 Class (2) Duplex Uses and a 20-Lot Preliminary Long Plat, subject to conditions (Document Index #A-1). (3) Testimony in favor of the application was presented by the property owner's representative, Thomas Durant of PLSA Engineering — Surveying — Planning, who suggested revisions to some of the recommended conditions. (4) The resident living across South 92nd Avenue to the west of the pro- posal, Carl Newman, asked what sitescreening, gating, signing and/or other A DLT Investment Group, LLC 1 Planned Development; 20 Class (2) Duplexes; IDO . "Upper Valley Estates" 20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 INDEX PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 tcA .- RECEIVED OCT - 72021 CITY OF YMI 1O COMMUNITY DEVELOPMENT measures will be taken to keep pedestrians from walking up South 92"d Avenue to Tieton Drive and asked what measures will be taken to extend the sewer line and/or sewer easements from South 90t'' Avenue to the west boundary of the subdivision so that his property will have access to the City sewer line in the future. (5) A resident living across Tieton Drive directly north of South 92"d Avenue, Jeffrey Swan, testified as to a concern expressed in his written comment (Document Index #G-3) to the effect that in his experience proposed gates to keep vehicular traffic from using South 92nd Avenue will in the very short future be opened to vehicular traffic that would shine disturbing bright headlights into their living room, kitchen and bedrooms. He requested that the grade approaching Tieton Drive on South 92"d Avenue be modified or that the gates be required to permanently block vehicular access to South 92nd Avenue. He also added relative to Mr. Newman's concern that there is a school bus stop on Tieton Drive at South 92"d Avenue that would likely result in a significant amount of foot traffic on South 92"d Avenue, and that other than these concerns he is not opposed to the proposed development. (6) No one else appeared to present testimony relative to this proposal, and no other written comments were submitted by nearby residents or other members of the public relative to this proposal. (7) Due primarily to the concerns raised by the testimony of Mr. Newman and Mr. Swan, the record was left open for receipt of additional information from Mr. Durant and Mr. Martin relative to those concerns and to clarify the different references in the record as to the current owner(s) of the property. Part of the requested information was provided by an email from Mr. Durant on September 17, 2021, and the remainder of the requested information was provided by emails from Mr. Durant and Mr. Martin on September 24, 2021. Those emails shall be given Document Index numbers and included in the record that will be transmitted to the City Council for its consideration and decision regarding these applications. (8) This recommendation has been issued within ten business days of receipt of all of the requested additional information on September 24, 2021, when the record was closed. A DLT Investment Group,LLC 2 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 I� PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 DOC. INDEX 6 RECEIVED l)C] - 1 2021 CITY OF YAKIMA COMMUNITY DEVELOPMUNt B. Summary of Recommendations. The Hearing Examiner recommends approval of this Rezone to the Planned Development Overlay and these 20 Class (2) duplexes in a 20-Lot Preliminary Long Plat, subject to conditions. C. Basis for Recommendations. Based on a view of the site with no one else present on September 7, 2021; the staff report, exhibits, testimony and other evidence presented at the open record public hearing on September 9, 2021; a consideration of additional requested information that was received on September 17 and September 24, 2021; and a consideration of the applicable Master Planned Development criteria, the Class (2) use criteria, the Preliminary Long Plat criteria, and the applicable development standards and consistency criteria; the Hearing Examiner makes and issues the following: FINDINGS I. Applicant/Property Owner/Representative. Originally these applications were submitted by Greg and Adele Bainter and DLT Construction, LLC on April 19, 2021, but since that time, Greg and Adele Bainter sold the property to Nasser Awad who then conveyed the property by Quit Claim Deed to its present owner, A DLT Investment Group, LLC, P.O. Box 268, Wapato, Washington which is represented by Thomas Durant of PLSA Engineering — Surveying — Planning, 521 North 20th Avenue, Suite 3, Yakima, Washington 98902 (Document Index #E-1; September 17, 2021 email from Tom Durant; Secretary of State website). A DLT Investment Group, LLC 3 Planned Development; 20 Class (2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: DOC. 502 South 90th Avenue; Parcel#181330-21433 1ND X PD#002-21;CL2#019-21; PLP#002-21; SEPA#010-21 > ' rl IfECEIVED OCT - 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT II. Location. The location of the proposal is south of Tieton Drive at 502 South 90th Avenue on the west side of South 90th Avenue. The parcel is Yakima County Assessor's Parcel No. 181330-21433 (Document Index #A-1 and#E-1). III. Application. The main aspects of the history and details of this Master Planned Development Rezone application, this application for Class (2) duplex uses by means of Type (3) review and this 20-Lot Preliminary Long Plat application for the 20 duplexes may be summarized as follows: (1) These applications are for approval of a Planned Development, 20 Class (2) duplex uses and a 20-Lot Preliminary Long Plat for the 20 duplexes. The property is located on about 5.43 acres in the Local Business District (B-2) zoning district south of Tieton Drive at 502 South 90th Avenue (Document Index #C-1 and page 1 of#A-1). (2) The applications were received on April 19, 2021. They are being processed under YMC Chapter 15.28 for the Master Planned Development Overlay Rezone, YMC Chapters 15.14 and 15.15 for the Class (2) duplex uses that have been referred to the Hearing Examiner for Type (3) review, YMC Chapter 14.20 for the Preliminary Long Plat review and YMC Chapter 6.88 for the SEPA Environmental review. IV. Jurisdiction. Section 15.28.040(D) of the Yakima Municipal Code (YMC) provides that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the Planned Development criteria listed in YMC §15.28.040(A); YMC §14.20.100(B) provides that the Hearing Examiner shall make a recommendation to the City Council with written findings of fact and conclusions to either approve or disapprove a proposed Preliminary Long Plat based on the criteria in YMC §14.20.100(A); YMC §15.11.100(A)(1) A DLT Investment Group,LLC 4 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: DOC. 502 South 90(1' Avenue; Parcel #181330-21433 IND EX PD#002-21; CL2#019-21;PLP#002-21;SEPA#010-21 8 • RECEIVED �y y OCT d 2021 CITY OF YAKIMA COMMUNITY DEVELOP ",ANT provides that if any of the required approvals constitute a recommendation to the legislative body, the decision of the administrative official as to all such permits or approvals shall constitute a recommendation to the legislative body. Since the Planned Development and Preliminary Long Plat applications constitute a recommendation to the City Council, the related Class (2) duplex use application also constitutes a recommendation to the City Council. V. Notices. The property was posted with a land use action sign on June 11, 2021 (Document Index #F-2). A Notice of Application and Environmental Review was sent to the applicant, SEPA reviewing agencies and property owners within 300 feet of the subject property on June 16, 2021 (Document Index #F-3c). The Notice of Public Hearing was mailed to the applicant, SEPA reviewing agencies and property owners within 300 feet of the subject property on July 29, 2021, and was published in the Yakima Herald-Republic on July 31, 2021. (Document Index #F-4d and #F-4a). The SEPA Mitigated Determination of Nonsignificance was mailed to the applicant and property owners within 300 feet of the subject property on July 30, 2021 (Document Index #F-5). VI. Zoning and Land Use. The zoning of the subject property is Local Business District (B-2). Although the B-2 zoning district is primarily intended to provide areas for small retail shopping and service needs of the community that need a higher level of visibility and easy access to major arterials, YMC Table 4-1 in YMC §15.04.030 provides that duplexes are Class (2) uses that are generally A DLT Investment Group, LLC 5 Planned Development; 20 Class(2) Duplexes; DOC. "Upper Valley Estates"20-Lot Preliminary Plat: 1NDL2X 502 South 90th Avenue; Parcel #181330-21433 NA- 1` PD#002-21;CL2#019-21;PLP#002-21; SEPA#010-21 # 9 RECEIVED OCT - 72021 CTY OF YAKIMA "':4itJNITY DEVELOPMENT permitted in the B-2 zoning district. The zoning and land use characteristics of the surrounding properties are as follows: _ Location Zoning Land Use North Single-Family Residential (R-1) Single-Family Residential South Single-Family Residential (R-1) Single-Family Residential East Local Business District (B-2) Single-Family Residential West Single-Family Residential (R-1) Single-Family Residential Multifamily Residential (R-3) (Document Index #A-1, page 4). VII. Yakima Comprehensive Plan 2040. The subject property is located within the Community Mixed Use designation of the Comprehensive Plan which is intended to allow for a mixture of neighborhood scaled retail, commercial service, office and high density residential uses. The following Comprehensive Plan goals and policies apply to this proposal as well as numerous others described in Subsection X(12) of these recommendations: (1) Goal 2.3: Preserve and enhance the quality, character, and function of Yakima's residential neighborhoods. (2) Policy 2.3.1: Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. (3) Policy 2.3.1(E): Duplexes. Continue to allow duplexes in appropriate residential zones, provided density standards are met. Consider incorporating design standards that emphasize a pedestrian-oriented design and the inclusion of usable open space. (4) Policy 2.3.3: Create walkable residential neighborhoods with safe streets and good connections to schools, parks, transit, and commercial services. (5) Goal 5.1: Encourage diverse and affordable housing choices. (6) Goal 5.2: Preserve and improve existing residential neighborhoods. A DLT Investment Group, LLC 6 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: DOC 502 South 90th Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 INDEX # P — 1 • REdE°IVED ry/ 99 OCT 2O21 CITY OF YAKIMA COMMUNITY DEVELOPMENT VIII. Environmental Reviedi. These applications were required to undergo State Environmental Policy Act (SEPA) review due to the requirements of a Planned Development and Preliminary Long Plat. On June 16, 2021, a Notice of Application and Environmental Review was sent to the applicant, SEPA reviewing agencies and property owners of record within 300 feet of the subject property. Only one written public comment and three written agency comments were sub- mitted relative to these applications. The slightly edited written comments with the Planning Division and Hearing Examiner findings relative thereto in italics are as follows: (1) Washington Department of Archaeology and Historic Preservation (DAHP) Comment dated June 30, 2021: Our statewide predictive model indicates that there is a high probability of encountering cultural resources within the proposed project area. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the SHPO in conformance with Washington State law. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Please ensure that the DAHP Project Number (a.k.a. Project Tracking Code) is shared with any hired cultural resource consultants and is attached to any communications or submitted reports (Docu- ment Index #G-1). The applicant shall conduct a cultural resource survey of the site, and submit documentation of the survey to DAHP and the City, prior to the issuance of A DLT Investment Group, LLC 7 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates" 20-Lot Preliminary Plat: 502 South 9011'Avenue; Parcel#181330-21433 DOC. PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 INDEX REIVED 1�CT T 2021 CITY OF YAKIMA C-'.,<<41J1VITY DEVELOPMENT any building permits for the site. This was one of the Required Mitigation Measures of the Mitigated Determination of Nonsignificance which was not appealed. (2) Washington Department of Ecology Comment dated July 2, 2021: TOXICS CLEAN-UP — Historical aerial photos indicate your project is located on property that was occupied by orchard during the time period when lead arsenate was applied as a pesticide, often resulting in shallow soil contamination from lead and/or arsenic. Before proceeding, your project is required to conduct soil sampling under the Model Toxics Control Act (Chapter 173-340 WAC). If sampling indicates elevated levels of lead and arsenic, cleanup will be required prior to occupancy. The Department of Ecology plans to use Model Remedies for lead and arsenic pesticide contamination in historical orchards of Central Washington. A Focus Sheet on the Model Remedies can be found at https://apps.ecology.wa.gov/publications/documents/2109007.pdf. Compliance with a Model Remedy ensures your project meets the minimum standards of the Model Toxics Control Act, and if implemented as described, your property will be successfully cleaned up to Washington State standards. Ecology can provide free initial sampling as well as free technical assistance for your project. WATER QUALITY: Project with Potential to Discharge Off-Site — If your project anticipates disturbing ground with the potential for stormwater discharge off-site, the NPDES Construction Stormwater General Permit is recommended. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit may take 38-60 days. The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) shall be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water and storm drains by stormwater runoff Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. In the event that an unpermitted Stormwater discharge does occur off-site, it is a violation of Chapter 90.48 RCW, Water Pollution Control and is subject to enforcement action (Document Index #G-2). The site shall undergo soil sampling under the Model Toxics Control Act (WAC 173-340) before any building permits shall be issued for the subject project. A DLT Investment Group, LLC 8 Planned Development; 20 Class (2)Duplexes; "Upper Valley Estates" 20-Lot Preliminary Plat: DO C. 502 South 90t''Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 INDl C 1RECEIVED OCT - 72021 ;!TV OF YAKIMA r ,e1UNITY DEVELOPMENT The project shall submit for the NPDES Construction Stormwater General Permit, and a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) prior to the issuance of any building permits for the subject project. (3) Nearby Resident Jeffery Swan Comment dated July 26, 2021: I am writing to express my concern about any access the development would have to the gravel road bordering the west side of the property which is South 92nd Avenue. As that road grade/slope is presently constructed, when vehicles on the road are stopped for traffic on 92nd and Tieton, the headlights shine directly across into my home (living room, kitchen, and bedrooms). My entire house is illuminated with these bright lights, disturbing daily living and sleep activities. Currently there are but a few residences that utilize that road and so the lights at night are annoying but manageable. However, I am very concerned that the proposed 40 residential units will make the situation beyond bearable. I understood from the plans that access from the units to 92nd Ave would be for fire lanes / emergency use only. However, my experience suggests that in the very short future that will be opened to general use. I am greatly worried about the increase in traffic. If this development goes forward I request there be some accommodation to modify the 92nd/Tieton intersection so the vast increase of vehicle lights will not disturb the enjoyment of my residence, and/or permanently block access from the units to 92nd Avenue. (Document Index #G-3). The applicant is proposing that the sole access to and from the lots within the plat will be from South 90'Avenue. There is no proposed vehicular access to or from South 92nd Avenue other than for emergency vehicles. Gates at the west end of the private streets will block vehicular access to and from South 92nd Avenue. A condition of these recommendations will be that any change in the gates at the west end of the streets that prevent vehicular access to and from South 92nd Avenue, except for emergency vehicles, may only be allowed in the future if the criteria for approval of a Class (3) use are satisfied through the Type (3) review process that requires public notice and an open record public hearing conducted by the Hearing Examiner or, if the Type (3) review process does not exist at that time, then only if approved through a comparable procedure that does exist at that time. A DLT Investment Group, LLC 9 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t''Avenue; Parcel#181330-21433 PD#002-21;CL2#019-21; PLP#002-21; SEPA#010-21 D OC. � Dinx RECEIVED 13 OCT - 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT (4) Yakima County Flood Control District/Water Resources Comment dated August 17, 2021: By looking at the lidar contours and location of the canal north of Tieton Drive it appears there is a natural drainageway starting at the middle of the lot on north side. It's likely over the years this lot has had some reshaping for agricultural purposes, but the current flow would be from the middle of the lot, downslope to or on top of S. 92nd Ave., then moving off the road into the lot on the south end. More recent development may have further modified the topography but it's apparent there was (and probably still should be) a drainageway from north of Tieton Drive downslope towards Shaw Creek. The FCZD is asking that the applicant keep pass-through flow from upslope in mind when designing the project (Document Index #G-4). The applicant shall work with the Yakima County Department of Ecology and City of Yakima Stormwater Division to ensure that draining from the site is mitigated properly, and adhere to the conditions issued in the MDNS. The City's SEPA Responsible Official issued a Mitigated Determination of Non- significance (MDNS) on July 30, 2021. Its requirements which became final when the appeal period passed without an appeal are as follows: (1) A professional archaeological survey of the site shall be conducted, including consultation with the Yakama Nation, prior to any ground disturbing activities being permitted. (2) The soil shall be tested for lead and/or arsenic contamination in accor- dance with the Model Toxics Control Act. If elevated levels are found, cleanup shall be required prior to a certificate of occupancy. (3) NPDES Construction Stormwater General Permit shall be required. (4) A Stormwater Pollution Prevention Permit (SWPPP) shall be required. IX. Transportation Concurrency Ordinance. The applicant applied for Transportation Concurrency review under Application No. TCO#010-2. The proposed 20-lot Planned Development and Preliminary Long Plat for 20 duplexes were approved for Concurrency on July 26, 2021, based on a finding that the A DLT Investment Group,LLC 10 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t''Avenue; Parcel #181330-21433 DOC. PD#002-21; CL2#019-21; PLP#002-21;SEPA#010-21 INDEX RECEIVED 14 CITY OF YAKIMA COMMUNITY DEVELOPMENT traffic resulting from the development will not exceed the PM peak hour capacity of the City arterial system and reserve capacity exists on all impacted streets (Document Index #H-2). X. Applicants' Statement of Details Relative to the Proposed Planned Development. Pursuant to YMC §15.28.030, the applicant's very thorough narrative for the Planned Development application provides answers set forth in italics below to specific questions relative to the proposal as follows: (1) What land uses are proposed? The subdivision is proposed for a total of 40 duplex residential units. The application is being made as a Residential planned development under YMC 15.28.020(A)(1), listed as permitted in the B-2 zone. Two family residential (duplexes) is a permitted use in residential planned developments (YMC 15.28.020(B)(1)(a)). (2) Will the land be subdivided? If so, what type of subdivision? (Long Plat, Short Plat, Binding Site Plan, etc.) The 20 individual lots are to be created by regular subdivision (long plat). (3) How does the proposed Planned Development allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? Duplexes are a Class 2 land use (usually permitted) in the B-2 zoning district. Proposed lot sizes, lot widths and setbacks exceed the minimum zoning standards of the B-2 zone and generally conform to or exceed the more restrictive standards of the R-2 zone. Revised street improvement standards are intended for narrower streets allowing more intimacy, larger yards and reduced impervious surfaces. The private streets will have low speeds and traffic levels with most parking off-street. Residential development of a portion of this commercially zoned area provides opportunities for mixed use and would provide for a transition from lower density R-1 zoned properties north and directly south of the site to the mostly undeveloped commercially zoned property to the east. The proposal is consistent in use and allowable density with (mostly undeveloped) R-3 zoned property to the west. Limiting all but emergency access to S. 90th Avenue A DLT Investment Group, LLC 11 Planned Development; 20 Class (2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 DOC. PD#002-21;CL2#019-21; PLP#002-21; SEPA#010-21 RECENF.g OCT - 2°21 CITY OF YAKIMA COMMUNITY DEVELOPMENT reduces potential traffic impacts on S. 92nd Avenue, a private street in an unimproved right-of-way that at present serves a small number of single family homes. (4) Describe how the proposed Planned Development facilitates the efficient use of the land. Narrower streets allow for larger residential lots and yards with setbacks that meet or exceed standards that would be required in the R- 2 zoning district and are higher than the less strict standards of the B-2 zone. Limiting most access to one side of the development keeps the individual private streets from becoming through-streets and the associated impact that it would have on adjoining neighborhoods. (5) Describe how the proposed Planned Development increases economic feasibility (i.e., fostering efficient arrangement of land use, buildings, transpor- tation systems, open space and utilities). The lot arrangement is an efficient use of the site given its shape and dimensions. The depth (north-south dimension) of the property results in larger lots in order to accommodate the private streets and building footprints. With the gated emergency access, there is no need to put in vehicle turnarounds or to use the additional land needed to construct them. Utility extensions provide for connection to all lots and facilitates further utility extension to properties to the west. No common open space is proposed because lot sizes are sufficient for private yards. (6) How does the proposed Planned Development preserve or enhance natural amenities, features, shorelines and critical areas in the development of the site? Critical areas, although nearby, are not on the proposed site, so there would be no impact on them. The site is gently sloping, with the slope increasing somewhat at the north end to Tieton Drive. Lot and building development generally follow the contours of the slope and larger rear yards are provided along the tier of lots at the north end of the site to provide for the steeper slope area and additional distance from Tieton Drive. (7) Identify environmental impacts and appropriate mitigation measures. SEPA review has not been completed and significant environmental impacts have not been identified. Some of the site considerations that are being made, based in part on meeting with the City Development Services Team, include providing frontage improvements on S. 90th Avenue, a road maintenance agreement for future lot owners, streetlights as directed by the City,fire hydrants within 500 feet A DLT Investment Group, LLC 12 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t'' Avenue; Parcel#181330-21433 PD#002-21;CL2#019-21;PLP#002-21; SEPA#010-21 DOC. INDEX RECEIVED 16 - OCT - 72021 of YAKIMA CCiiiNILI VITY DEVELOPMENT of all lots. Limiting direct access to S. 90th Avenue, providing additional setbacks and yard areas than would be required by current zoning, and a low residential density provides for additional mitigation and compatibility with surrounding land uses. (8) How does the proposed Planned Development encourage environ- mentally sustainable development? The project uses "low-impact development" concepts 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). Stormwater will be retained on-site and drainage and infiltration facilities provided. The proposal accommodates population growth within the urban growth area to the benefit of resource and sensitive lands farther out and to reduce sprawl. While the B-2 zoning district allows for 80 percent lot coverage, the lot coverage of these lots is around 60 percent including private streets in the calculation. Proposed density, lot coverage and large yards ensures that stormwater facilities are functional. (9) What services and facilities are available to serve the property? Are those services adequate? Available utilities include a recently constructed 8-inch sewer line in 90th Avenue that extends south to connect to a larger line in Midvale Avenue and 8-inch water lines extending south on both 90th and 92nd Avenues from a 12 inch main in Tieton Drive. There are two existing fire hydrants on Tieton Drive that should be able to provide the maximum of 600 feet from a hydrant to most of the lots in the development. Also available are electric power, cable television and telephone. The site is in the West Valley School District — Cottonwood Elementary School is about 3/4 mile away as measured along City streets—and is served by City fire,police and emergency services. (10) Will the proposed development promote economic development, job creation diversification or affordable housing? With or without the Master Planned Development, the project provides economic development and construction jobs. The proposed housing adds to capacity currently needed in the community. (11) How does the proposed development create vibrant mixed-use neighborhoods, with a balance of housing, commercial, and recreational facilities? The proposal, along with neighboring properties, provide a mix of housing and commercial opportunities to this area. Many of the surrounding lands are A DLT Investment Group,LLC 13 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t1' Avenue; Parcel #181330-21433 DOC PD#002-21;CL2#019-21;PLP#002-21; SEPA#010-21 INDEX #. kA-I RECEIVED 17 OCT - 72021 AKIMA ,LVELOPMENT undeveloped or partially developed, but based on their zoning, a mix of single- family and moderate to high density residential development should be expected along Tieton Drive with a mix of commercial or possibly mixed-use development. Single-family residential development becomes more prevalent farther to the south and east with single-family homes immediately adjacent along 92nd Avenue and to the east on Tieton Drive. (12) How is the proposal consistent with goals, policies, and objectives of the Yakima Urban Area Comprehensive Plan? The proposal is consistent with the purpose of the Community Mixed-Use future land use designation to allow for a mixture of neighborhood scaled retail, commercial service, office, and high- density residential uses (Policy 2.2.3.A). While many of these land uses are not yet developed in this location, the zoning of undeveloped areas is consistent with the purpose statement. The mixture and density of retail, commercial service, office and high density residential depend on the area's context. Being in a transitional area nearer to residential neighborhoods suggests a mix with residential more prevalent. The proposed density of 4 to 5 dwelling units per acre (depending on how it is calculated) is lower than allowed maximums and results from the efficient development of this site. The zoning of mostly undeveloped areas nearby indicate a mixture of commercial and residential land uses at varying densities. Adequate public services can be provided (Policy 2.L.7). The proposal contributes to the provision of a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population (Policy 2.3.L). Duplexes are allowed in appropriate residential zones provided that density standards are met (Policy 2.3.1.E). Duplexes are also a permitted Class 2 uses in the B-2 zone. Pedestrian orientation is provided by the private access streets and minor local street with sidewalks connecting to Tieton Drive. Lot size and home design provide usable open space on each lot. The proposal helps to preserve and enhance nearby residential neighborhoods (Policy 2.3.2) by providing for relatively low density housing to transition from those neighborhoods to the other commercially zoned lands. The site location along Tieton Drive, served by public transit, is suitable for higher density residential development. The private residential streets are safe and walkable (Policy 2.3.3), tie into existing sidewalks on Tieton Drive with good connections and transit access. The proposal adds to the diversity of housing choices consistent with Goal 5.1. The use of transitional densities to ensure compatibility is consistent with Policy 5.4.2. In this case the A DLT Investment Group, LLC 14 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates" 20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-21;CL2#019-21; PLP#002-21; SEPA#010-21 ®OCY INDEX # AA -I RECENEI8 OCT 2021 C.I1Y OF YAKIMA CC_diVIO 1Y DEVELOPMENT transition is from the single-family residential neighborhoods to the southwest along 92nd Avenue to the commercially zoned (but mostly undeveloped) areas on the east side of S. 90th Avenue. The mostly undeveloped areas directly to the west are zoned R-3, being compatible rather than transitional. The proposal provides for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population (Policy 2.3.1). Under Goal 2.7: "Resource protection and sustainable design. Reinforce and enhance Yakima's environmental stewardship" are policies to protect sensitive natural areas, restore graded natural areas, use functional negligible impact development features such as bio- swales. Under Goal 5.1: "Encourage diverse and affordable housing choices,"are Policy 5.1.4 and 5.1.9 supporting the provision of housing options to increase affordable and market rate housing, diversity of housing to support a variety of households, dispersion of affordable housing throughout the City, convenient access to transit, a range of unit types, ownership housing when possible and long-term affordability. This proposal is consistent with many of these objectives particularly in terms of affordability, housing diversity and access to transit. (13) How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? Development of the project to the characteristics of the site. Modified, narrower streets provide additional lot area and reduced impervious surfaces. (14) Does the proposed Planned Development promote a sound system for traffic and pedestrian circulation? Describe. The small-scale private access streets will provide safe, low traffic routes for vehicles and pedestrians to public streets and access to transit on Tieton Drive. Sidewalks on both sides of Tieton Drive provide continuous access to Cottonwood School, existing commercial areas to the east and future commercial areas to the west and south. (15) How does the proposed Planned Development promote open space and use of natural and/or developed amenities? Proposed lots range in size from 9,902 to 14,491 square feet, compared to the minimum duplex lot size of 6,000 square feet. The larger lot size is due, in part to how the lots fit within the dimensions of the site and proposed and existing streets. However, it does provide for a lower residential density than could be allowed, if the smaller lots were used It also provides for setbacks that meet or exceed the minimum standards of the R-2 zone rather than the smaller setbacks standards allowed in the B-2 zone. Distances A DLT Investment Group, LLC 15 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t1'Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 DOM INDEX RECEIV OCT - 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT from the building envelopes shown on the site plan from Tieton Drive ranging from 27 feet to 37 feet (measured from the property line, rather than centerline of the street) accommodate the steeper slope up to Tieton Drive and provide a larger buffer from residential units to the arterial street. (16) Will the proposed Planned Development provide an architecturally attractive, durable and energy efficient development? Residential buildings will be similar in appearance but varied to avoid a monotonous look and consistent with similar residential units in nearby subdivisions. Colors will be earthtones or otherwise muted rather than bold and bright. They will be designed to conform to current building codes and the Washington State Energy Code. All City setback, lot coverage, lot size and lot width standards are to be met, or as already described, exceeded on the residential lots. (17) Please provide a summary of all previously known land use decisions affecting the applicant's property and all outstanding conditions of approval with respect to such prior land use decisions. Previous land use decision applicable to the site include a short plat recorded in 1992 and rezoning to B-2 by Yakima County in 2004. A note on the 1992 short plat limited access from Lot 2 to S. 92nd Avenue. However, significant changes that have occurred since include: Lots 1 and 2 of that short subdivision have been combined to form the lot that is the subject of this application; Tieton Drive has been improved from a two-lane rural road to a four-lane arterial street with curbs, sidewalks and streetlights and South 9Oth Avenue has been partially improved. At the time the short plat was recorded, Lot 2, for which the access restriction was placed on the short plat, had frontage on 92nd Avenue but not on Tieton Drive. The combined lots now have frontage on all three streets. At the time the 1992 short plat was recorded, there was only a partial dedication of right-of-way for S. 9Oth Avenue. Since then,full right-of way width has been dedicated, and the S. 9Oth Avenue intersection with Tieton Drive has been constructed including extension of curb and sidewalk and additional right-of-way dedicated. The 2004 rezone approval of this property included a condition that this restriction on access should be removed or waived once the construction of S. 9Oth Avenue has been completed. Every indication is that Yakima County, and since annexation, the City of Yakima, has intended access to this property from the improved intersection of S. 9Oth Avenue. A plat note on the 1992 short plat also required participation in a road maintenance association for S. 92nd Avenue while it remains a private road. There is no indication that this A DLT Investment Group,LLC 16 Planned Development; 20 Class (2)Duplexes; "Upper Valley Estates" 20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21;PLP#002-21;SEPA#010-21 DOC. IN EX RECEIVED 20a OCT - 72021 CITY OF YAKIMA OniViMiJNITY DEVELOPMENT occurred, and it would be unnecessary with access to that street restricted as proposed. A plat note on the 1992 short plat requires the abandonment and removal of a well and garage as necessary to facilitate road improvements of 90th Avenue. This is to be done when the street improvements are required. While it isn't clear if this note refers to existing improvements on the part of the property that is the subject of this application, the existing buildings will be removed. Requirements from the 2004 rezone of this property to be imposed in conjunction with Type 2 or 3 Review have been met, will be met as they pertain to this part of the site by this project or do not pertain to this part of the site. (a) S. 90th Avenue is to be constructed as a hard surfaced public street as required by the City of Yakima. (b) No commercial access to S. 92nd Avenue or Tieton Drive results from this proposal. (c) Sewer and water mains are in place and will be extended as necessary to serve the development as required by the City of Yakima and Nob Hill Water. (d) A public utility easement has been dedicated from the south end of S. 90th Avenue through the property that was the subject of the 2005 rezone to Midvale Avenue. (18) Any other development standards proposed to be modified from the underlying zoning district requirements. Private roads are allowed in master planned development overlays by YMC 15.09.100, which requires the private road to be constructed to the minimum standards of the jurisdiction. The minimum standards are in Title 12 and the fire apparatus road standards required by YMC 15.05.055. Deviation from these standards are as follows: (a) Deviation from Title 12 standards for private roads (YMC 12.05.090) include easement width of 40 feet rather than 50 feet, pavement width of 25 feet rather than 30 feet, no sidewalks on the private road. No cul-de-sac or hammerhead turnaround on the bases that emergency access gates render them unnecessary for emergency vehicles and that refuse collection will take place on public street frontages. (b) No improvement of 92nd Avenue is proposed based on its not being used for access to the development except for emergency vehicles. While YMC 12.05.010 requires sidewalk installation on new, improved, and reconstructed streets, it is required on the frontage of newly developed or A DLT Investment Group,LLC 17 Planned Development;20 Class (2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 DOWN INDEX RE6tIVED OCT m 7 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT redeveloped lots where feasible. Under YMC 15.05.020(J) a sidewalk is required if one exists within two hundred feet of the development on the same side of the street. Street lighting is to be provided as directed per YMC 12.06.080, so it is not a modified development standard. (19) What are the aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts. Residential buildings are designed to be architecturally similar to duplexes being constructed in Cottonwood Grove and other newer developments in the surrounding area. Setbacks, height and other bulk standards are either met or exceeded. There is no extraordinary light or glare. With proposed building height, wider than typical setbacks on external site boundaries and topographic characteristics of the site, no adverse solar access issues are expected. (20) Please provide an inventory of any on-site cultural, historic and/or archaeological resources. Review of public records available on-line from the Department of Archaeology and Historical Preservation showed no inventoried resources on the project site. There are two older homes shown as eligible for listing that are nearby, both on the north side of Tieton Drive. XI. Applicant's Statement of Details Relative to the Class (2) Duplex Uses. Pursuant to YMC §15.14.030, the applicant's detailed narrative for the application for approval of 20 Class (2) duplex uses also provides answers set forth in italics below to specific questions relative to the proposal: (1) Fully describe the proposed development including number of dwelling units and parking spaces. if the proposal is for a business, describe hours of operation, days per week, and all other relevant information related the business: This Type 2 review application is for the development of 20 duplexes in the B-2 zone. Off-street parking on each residential lot is to provide a minimum of two parking spaces per unit, or four spaces per lot for a total of at least 80 parking spaces. (2) How is the proposal compatible to neighboring properties? Much of the surrounding areas are vacant or partially undeveloped with a cluster of single A DLT Investment Group,LLC 18 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90'h Avenue; Parcel#181330-21433 PD#002-21;CL2#019-21;PLP#002-21; SEPA#010-21 DOM INDEX # M -1 22 RECEIVED • F" OCT ® 7 2021 CITY OF YAKIMA family residences served by S. 92nd Avenue. The larger, partially caataiWit DEVELOPMENT parcels are characterized by single-family residences and a few scattered commercial buildings. More intensely developed residential areas are 400 feet to the southeast in the Cottonwood Grove subdivision and north of Tieton Drive. Because of the developing nature of the area, compatibility is influenced by the zoning of surrounding properties, including B-2 zoning of the site and other properties on S. 90th Avenue to the east and southeast, R-3 zoning to the west across S. 92nd Avenue, and more B-2 zoning on the south side of Tieton Drive beyond that. The proposal will provide moderate density residential alternative to the allowed commercial use compatible especially with existing and future residential uses to the south and west on S. 92"d Avenue and north across Tieton Drive. (3) What mitigation measures are proposed to promote compatibility? Lots are proposed with larger yards and setbacks than could be allowed for this use. Direct access is to S. 90th Avenue and not to Tieton Drive. Access to S. 92nd Avenue is limited to emergency vehicle access. The slope uphill to Tieton at the north end of the site provides some additional buffer from the residential units to the street. (4) How is your proposal consistent with current zoning of your property? The intent of the Local Business (B-2) zone is to provide areas for commercial activities that meet the small retail shopping and service needs of the community; and accommodate small scale commercial uses that need a higher level of visibility and easy access to major arterials. Characteristic uses include small retail sales and service establishments (YMC 15.03.020(F)). This purpose statement is supplemented by comprehensive plan policies including locational criteria for the underlying Community Mixed-Use future land use designation that provide for a mixture of neighborhood scaled retail, commercial service, office, and high-density residential uses. Duplexes, and other residential land uses have been added to the list of permitted (in this case Type 2) land uses in Table 4-1 of the zoning ordinance. (5) How is your proposal consistent with uses and zoning of neighboring properties? The zoning of surrounding properties is Single-Family Residential (R- 1) to the north, south, southwest and farther removed properties to the east. The immediately surrounding property on S. 90th Avenue to the east and southeast is A DLT Investment Group, LLC 19 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90`h Avenue; Parcel #181330-21433 DOC. PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 IND gCEIVED OCTo 12021 I YAKIMA DEVELOPMENT zoned B-2 and property to the west parallel to the south side of Tieton Drive is zoned Multi-Family Residential (R-3) with additional B-2 zoning beyond it to the intersection of S. 96th Avenue and Tieton Drive. The surrounding area has a mixed-use character as indicated by its zoning. The moderate density of the proposed use would be consistent, and transition from lower intensity areas to the future commercial use of the neighboring B-2 lands on 90th Avenue. (6) How is your proposal in the best interest of the community? The proposed housing is consistent with comprehensive plan policies to provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population, encourage diverse and affordable housing choices throughout the City, convenient access to transit and a range of unit types. XII. Development Services Team and Interested Agency Comments. The following comments were submitted by the Development Services Team as a result of its review conducted during the week of July 20, 2021: (1) Code Administration: (a) Prior to submittal of the final plat, names of the private streets shall be selected and provided to the Permit Project Coordinator in order to complete the assignment of addressing. The final plat must display these addresses. (b) Pursuant to the 2018 City of Yakima amendments to the Washington State Fire Code, Sections 503.1 and 503.2, where dead ends exceed 150 feet, an area shall be provided for fire department apparatus turn arounds. If access through gates will be provided onto S 92nd Ave, approved gates and key boxes shall be provided, and approved driveways shall be installed where apparatus will be entering onto S 92nd Ave. (2) Engineering: This project requires Title 8 and 12 improvements, including but not limited to the following: (a) 8.67 and 12.05 — New curb, gutter and sidewalk, including associated pavement widening and storm drainage, shall be installed along S. 90th Ave. and S. 92nd Ave. Street improvements shall conform to A DLT Investment Group,LLC 20 Planned Development; 20 Class (2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21;PLP#002-21;SEPA#010-21 DOC. 1 NI ' Ill -1 24 RECEIVED OCT ® 7 2021 CITY OF Yf1(.IMA COMMUNITY DEVELOPMENT NT standard detail R3, including private streets. New sidewalks shall be constructed per standard detail R5. (b) 8.64 — Driveways to be constructed per this chapter and standard detail R4. (c) 8.72 — An excavation and street break permit shall be obtained for all work within the public right of way. (d) 12.02 —Easements will need to be established per this chapter. (e) 12.06 — Street and right of way widths shall conform to this section unless otherwise approved. S. 90th Ave. and S. 92nd Ave. are both classified as residential, requiring a total of 50' of right of way. Both appear to be adequate. Private streets shall be constructed with curbs, sidewalks, and street lighting and shall otherwise conform to the standards for public streets. Private streets shall provide cul-de-sac/hammer head turnaround to accommodate emergency and refuse collection vehicles. (f) 12.06.050 Cul-de-sac streets — S. 90th Ave - Cul-de-sacs shall be constructed within a street right-of-way eighty feet in diameter and have an improved diameter of sixty-five feet. The maximum length of a cul-de-sac street shall be six hundred feet measured along the street centerline from the nearest through street intersection to the center of the cul-de-sac. (g) 12.06.080 - Street lighting - At minimum, one street light shall be installed midblock where the street exceeds five hundred feet in total length. Street lighting shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. (h) YMC 14.05.200 / 14.20.130 — All frontage improvements shall be completed prior to long plat approval. At the discretion of the City Engineer, the owner may bond for required frontage improvements. Bonding shall be executed and recorded prior to or as part of approval of the long plat. Civil engineering plans for public improvements shall be approved prior to bonding for public improvements. All frontage improve- ments shall be completed prior to Certificate of Occupancy. Civil engineer- ing plans for public improvements shall be approved prior to issuance of building permits. A DLT Investment Group, LLC 21 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: DOOM 502 South 90th Avenue; Parcel #181330-21433 IN . PD#002-21;CL2#019-21;PLP#002-21; SEPA#010-21 R EIVED • I OCT - • 2021 C1TY OF YAKIMA COMiwiUNIFY DEVELOPMENT (3) Stormwater: As this project involves clearing or grading one acre or more, a Large Project Stormwater Permit shall be required from the applicant. The requirements of a Large Project Stormwater Permit are: (a) Drainage plan(s) and calculations (b) Stormwater maintenance agreement and plan (c) Proof that the maintenance agreement was recorded in the Yakima County Auditor's Office (d) Construction Stormwater Pollution Prevention Plan (SWPPP) or Erosivity Waiver. The Construction SWPPP (or Erosivity Waiver Certi- ficate Statement) shall be reviewed and approved by the Surface Water Engineer prior to any grading or construction. A Temporary Erosion and Sediment Control (TESC) plan shall be submitted for approval. (e) In lieu of turning in a Construction Stormwater Pollution Prevention Plan, the applicant can satisfy this requirement by obtaining a Construction Stormwater General Permit through the Washington State Department of Ecology. A copy of the signed General Permit shall be delivered to the Surface Water Engineer. (f) A narrative explaining how Core Elements 1-8 are being satisfied. (g) An operation and maintenance plan for the perpetual maintenance of the facilities is now required. Grading and/or building permits shall not be issued without the project site first passing an erosion control inspection. 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 the August 2019 edition of the Department of Ecology's Stormwater Management Manual for Eastern Washington (SMMEW), 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) 60 days prior to construction. UIC wells that receive polluted runoff shall retain the larger of the 100-year 3-hour and 100-year 24-hour storms and shall be designed for treatment using Table 5.23 of the SMMEW. A DLT Investment Group,LLC 22 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: ��� 502 South 90th Avenue; Parcel#181330-21433 . PD#002-21;CL2#019-21; PLP#002-21; SEPA#010-21 INDEX RF�CEIVED I OCT - 7202t OF YAKIMA is i,i�wi i Y DEVELOPMENT (4) Sewer: Sewer is available for site in S 90th Ave. Sewer service to site to be reviewed and approved on associated ENG permit. (5) Nob Hill Water: Owner will need to contact Nob Hill Water Association for a cost estimate for new development. Finalized engineered plans will be required to design and produce cost estimate. XIII. Applicable City Ordinance Provisions Relative to the Proposed Master Planned Development. City ordinance provisions applicable to the proposed Master Planned Development include the following: (1) Master Planned Development Defined: Pursuant to YMC §15.02.020, "Master planned development" means any development within the Yakima urban growth area approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial development, planned industrial development, and planned mixed-use development). (2) YMC §15.28.010(A): Purpose: 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. (3) YMC §15.28.025: Minimum Project Size: The minimum project size for a master planned development shall be two acres. All properties included in the master development plan shall be contiguous with logical outer boundaries. (4) YMC §15.28.040(A): Application: The master planned development overlay application shall be reviewed using the rezone procedures described in YMC §15.23.030, but the rezone criteria of YMC §15.23.030(D)(1) through (7) shall not be used. (5) YMC §15.28.050: Development Agreement: An approved master planned development overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW A DLT Investment Group, LLC 23 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 DOC. PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 INIDE% REOEIVED OCT 7 2021 (lTY OF YAKIMA C.,i,,,,iiuiVITY DEVELOPMENT 36.70B.170. The development agreement shall provide for vesting of such development conditions and standards as are deemed reasonable and necessary to accomplish the goals of the master planned development. This agreement shall be binding on all property owners within the master planned development and their successors and shall require that development of the subject property be consistent with and implement the provisions of the approved master planned development. The approved development agreement shall be signed by the city manager and all property owners and lienholders within the boundaries of the master planned development overlay and recorded prior to approval and/or issue of any implementing plats or permits. (6) YMC ,$15.28.070(A):Vesting: The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement described in YMC §15.28.050 is recorded, inclusive of specific conditions and standards set forth in said development agreement. The vesting period shall be for the time stated in the development agreement associated with each specific master planned development 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. XIV. City Ordinance Provisions Applicable to the Twenty Proposed Class (2) Duplex Uses. City of Yakima ordinance provisions which are applicable to the seven proposed Class (2) duplex uses include the following: (1) YMC §15.04.020(B): Class (2) Land Use Defined: Pursuant to YMC §15.04.020(B), Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order to promote compatibility with the intent and character of the A DLT Investment Group,LLC 24 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21;PLP#002-21;SEPA#010-21 DOC. RECEWED tF E OCT ® 7 2021 CITY OF Y1i !1\.,\ COMMUNITY DEVLLui district and the policies and development criteria of the Yakima urban area comprehensive plan. The procedures in YMC Chapter 15.14 shall be used to review and evaluate Class (2) uses. In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review, as provided within this title. (2) YMC_§15.14.020: Type (2) Review: Type (2) Review is required for any proposed use shown on Table 4-1 as a Class (2) use, for Class (1) uses requiring Type (2) review in YMC §15.13.020; and for other specific reviews established by this title. (3) YMC §15.02.020: Compatibility Defined: "Compatibility" means the characteristics of different uses or developments that permit them to be located near each other in harmony with or without special mitigation measures. (4) YMC §15.10.020: Dwelling, Two-Family Defined: "Dwelling, two- family" means a structure designed exclusively for occupancy by two families living independently of each other and containing two attached dwelling units on the same lot. This definition includes the term "duplex." (5) Parking Spaces Required: YMC Table 6-1 in YMC §15.06.040 requires two-family dwellings or duplexes to have two spaces per unit or a total of four spaces. Construction and Maintenance: Pursuant to YMC §15.06.110, all off-street parking lots, driveways, travel ways, parking aisles, vehicle storage, and vehicle sales lots having a capacity of three or more vehicles shall be constructed in the following manner: (a) Surfacing. Paved with two-inch-thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the administrative official, so as to eliminate dust or mud. Pervious asphalt or concrete materials are encouraged. (b) Grading and Drainage. Graded and drained so all surface water is disposed of on site. Grading and drainage facilities shall be designed according to accepted engineering standards and the Eastern Washington Stormwater Manual, and requires review by the city engineer or designee. (c) Border Barricades. Any parking, vehicle storage, or motor vehicle sales area abutting the street property line shall provide a concrete curb at least six inches in height and located at least two feet from the street property line. The curb shall be securely anchored. No curb shall be A DLT Investment Group, LLC 25 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 DOC. INDEX • RECEAED F OCT - 7 2021 CITY OF YA;•!' COMMUNITY DLo LLUI II,-;d required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. (d) Markings. All parking spaces (except motor vehicles sales areas) shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the administrative official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. In addition, when required, all accessible parking spaces shall be marked and signed in compliance with the currently adopted International Building Code. (6) Sitescreening: In this situation, YMC §15.07.060 and YMC Table 7-1 in YMC §15.07.050 require Sitescreening Standard A to be installed along the north property line of the site south of Tieton Drive. The applicant plans to fence the rear and side yards of the duplexes, but not the front yards of the lots that abut South 92°d Avenue where fencing which can have a maximum height of 4 feet can be voluntarily installed by homeowners (Email of Tom Durant dated September 24, 2021). Since a condition of these recommendations will be that the plat must be designed so that vehicular traffic will not be allowed to use South 92°d Avenue for access to or from the plat, steps needed to comply with that requirement shall be taken such as the installation of landscaping, rock or other means to prevent vehicular access around the ends of the emergency vehicle gates at the west end of the private streets. (7) Sitescreening. Standard A: YMC §15.07.040(A) provides that Site- screening Standard A consists of a ten-foot-wide landscaped planting strip with trees at twenty-foot to thirty-foot centers, which includes shrubs and ground-cover. (8) Lot Coverage: When developed, each duplex lot shall not exceed the lot coverage limitation of not more than 80% in the Local Business (B-2) zoning district. The applicant indicated that the lot coverage will be much less than that. (9) Setbacks: Pursuant to Table YMC 5-1 in YMC Chapter 15.05, the required structure setbacks in the B-2 zoning district are as follows: Front: 30 feet from centerline of right-of-way Rear: 0 from adjacent B-2 20 feet from the property line if abutting residential A DLT Investment Group, LLC 26 Planned Development; 20 Class (2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90' Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 DOE. IN/3ex �� RECEIVED 30 OCT - 72021 CITY OF YAR!MA COMMUNITY DEVELUi'L;\Jr Side, Property: 0 from adjacent B-2 20 feet from the property line if abutting residential (10) Street Improvements: Half-street improvements are a recommended condition for South 90t" Avenue. Three 25-foot-wide paved private streets within 40-foot-wide rights-of-way are proposed to serve the lots as the interior streets for this proposed Preliminary Plat of"Upper Valley Estates." It is recommended that the flexibility allowed for Planned Developments require frontage improvements to South 92nd Avenue only if it is used for access in the future which should be noted on the face of the plat. XV. Applicable City Ordinance Provisions and State Statutory Provisions Relative to the Proposed 20-Lot Preliminary Long Plat. City of Yakima ordinance provisions and State statutory provisions which are applicable to the proposed 20-Lot Preliminary Long Plat include the following: (1) YMC §15.05.030(A): Creation of new lots — Subdivision requirements: Table of Subdivision Requirements: Pursuant to YMC §15.05.030(A), the Table establishes basic development criteria for lot size and width that must be met when reviewing an application for a new subdivision. For two-family dwelling con- struction in the B-2 zoning district, the minimum lot size is 6,000 square feet. (2) YMC §15.05.055(1): New development improvement standards: Fire apparatus access roads for multiple-family residential developments and one- or two-family residential developments shall be subject to the provisions of Sections D106 and D107, respectively, of Appendix D of the International Fire Code (2009 Edition). Additionally, such residential developments shall be subject to the requirements of Section D105 of Appendix D, International Fire Code (2009 Edition), pertaining to aerial fire apparatus roads, as applicable. All provisions of the International Fire Code referenced above are hereby adopted and incorporated herein by this reference, as now existing or as hereafter amended and adopted by the city. Minimum requirements for the primary and secondary access will be at least twenty-foot-wide, unobstructed, paved lanes. A DLT Investment Group, LLC 27 Planned Development; 20 Class (2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-2 1; CL2#019-2 1; PLP#002-21; SEPA#010-2 1 ®��• INDEX REgfivED CITY flr COMMUNI fY Lc (3) YMC §15.05.020(H): Site design requirements and standards: Access Required: All new development shall have a minimum of twenty-feet of lot frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standard is to provide for vehicular access to all new development; provided, the construction of single-family and two-family dwellings on existing legally established lots is exempt from the requirements of this section. (4) YMC §15.09.100(H): Private Street Review Requirements: The face of any plat, short plat, master development plan, binding site plan, or condominium document containing a private road, and all subsequent documents transferring ownership of lots within the master development or plat, shall bear the following language: "The City of Yakima has no responsibility to build, improve, maintain or otherwise service any private road for this plat. Any right-of-way dedicated to the public by this plat shall not be opened as a City (or County) street until such time as it is improved to city street standards and accepted as part of the City transportation system." (5) YMC §12.02.010: Establishment of easements: Public utility easements shall be established for the location of new and proposed public utility lines serving new land divisions and land development. Public utility easements shall also be established across the front of new lots and redeveloped lots to provide future utility access as determined necessary by the city engineer. Public utility easements shall be dedicated (granted) at the time that subdivision and/or land use approval is granted. (6) YMC §12.02.020: Easement location and width: Eight-foot-wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. (7) YMC §12.03.010: Sewer service required: YMC §12.03.010 requires all new lots and developments to be served by a sanitary sewer line located adjacent to the lot or development site. (8) YMC §12.03.040: Minimum sewer size: The minimum size for public sewer lines is eight inches in diameter. A DLT Investment Group, LLC 28 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90'1' Avenue; Parcel #181330-21433 DOC, PD#002-21;CL2#019-21; PLP#002-21; SEPA#010-21 INDEX A! k RECEIVED E• OCT ' 7 2021 CITY OF YAKIMA. COMMUNITY DEVELL"PPIE r (9) YMC $l 2.03.070: Side sewer service: Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. (10) YMC §12.03.090: Gravity flow required: Sewer lines shall be designed for gravity flow operation. Lift stations and force mains (pressurized lines) shall be limited to those locations and circumstances where they are consistent with the comprehensive sewer plan and are the preferable short-term solution to service of the development site and other properties in the vicinity. (11) YMC §12.04.010: Water service required: All new lots and develop- ment shall be served by a public water supply line maintained by the city of Yakima, Nob Hill Water Company, or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city engineer in cooperation with the code administration manager and water irrigation division manager. (12) YMC §12.04.020: Water line extension required: Water lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property. In some cases it will require dedication of an easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the city's adopted water comprehensive plan. (13) YMC §12.04.040: Minimum size and material standards: New water lines in the city of Yakima water system shall be constructed of Class 52 ductile iron and shall be a minimum of eight inches in diameter. Improvements and additions to the Nob Hill Water Company system shall conform to the requirements of the Nob Hill Water Company. (14) YMC §12.05.010: Sidewalk installation required: Sidewalks shall be installed along both sides of all new, improved, and reconstructed streets. Projects which repair small portions of or maintain existing street shall not be considered "improvement" for the purpose of this section and shall not trigger the requirements of this section. Sidewalks shall also be installed across the frontage of all newly developed or redeveloped lots where feasible. A DLT Investment Group, LLC 29 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90" Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 DOCK INDEX MCI CEIVED OCT — 7 2021 CITY C; COW/um/ LLr�iWr,;;_,li (15) YMC §12.06.020 Right-of-way and pavement width standards: Right- of-way shall be dedicated and street surfacing provided in accordance with West Valley Neighborhood plan and Table 5-1 of the Yakima urban Area Transpor- tation Plan. (16) YMC §12.06.030: Design standards, adjustment of standards: ... Final design of street improvements is subject to approval by the city engineer. The city engineer, at his discretion, is authorized to adjust these standards as necessary to facilitate the construction of new streets and improvement of existing streets. Projects which repair small portions of or maintain existing streets shall not be considered "improvements" for the purposes of this section. (17) YMC §12.06.070: Provision of street curbing: Barrier curbs shall be installed along all public streets. Rolled mountable curbs may be permitted along residential access streets. Curb design shall be consistent with the standards of the city engineer. (18) YMC §12.06.080: Street Iighting: A street light shall be installed at each street intersection and at mid block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. (19) YMC §14.05.200 (A-B): Allowance of bond in lieu of actual con- struction of improvements prior to approval of short plat or final plat: The subdivision or short subdivision applicant may, as an alternative to actual construction of any required improvements, provide a surety bond or other secure method providing for and securing to the city the actual construction of required improvements within a specified period of time and expressed in a bond or other appropriate instrument establishing such security. Any bond or other method of securing actual construction of required improvements shall specify the improvements covered and the schedule for completion. In cases of subdivision, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final plat by the city council. In cases of short subdivisions, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final short plat by the administrator. In no case shall the A DLT Investment Group, LLC 30 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90`1'Avenue; Parcel #181330-21433 Doc. PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 INDEX REFINED OCT 7 202� CITY OF COMMUNiTy OC U Cf Ur,ytEPJ' amount of the bond or other method of securing actual construction of required improvements be less than one hundred ten percent of the estimated actual cost of the improvements based upon the approved civil engineering design of the required improvements. (20) RCW 58.17.280 and YMC Ch 14.15.090 — Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks: Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the munici- pality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval. (21) RCW 58.17.110 and YMC 14.20.120: The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. • XVI. Master Planned Development Overlay Criteria and Findings. The purpose of a Planned Development described in YMC Chapter 15.28 is 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 §15.28.040(D) provides that the Hearing Examiner shall evaluate a Master Planned Development application and other A DLT Investment Group, LLC 31 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t''Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 DOC. INDEX • 3hECEIVEO OCT• 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT evidence submitted into the record, and shall issue a recommendation to the City Council based upon the following considerations and criteria: (1) Subsection 15.28.040(D)(1) -- The Master Planned Development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. The reduced width of the private streets allows for lots that are larger than required which will also increase the amount of open space and recreation area within the lots of the planned development. (2) Subsection 15.28.040(D)(2) -- The applicant has identified develop- ment standards and uses that are consistent with the overall 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. The modifications of street standards from 50 to 40 feet of right-of- way width with 25 feet of pavement width and with emergency gates preventing vehicular access to and from South 92nd Avenue which will require the applicant to install improved driveways through the gates for the passage of emergency vehicles are features that will provide flexibility while promoting the compatibility of the planned development with the adjacent land uses. (3) Subsection 15.28.040(D)(3) -- Consideration shall be given to "negligible impact development" concepts. The density of the proposed development is only 8.3 dwelling units per net residential area which is computed as follows: 40 dwelling units ± 4.8 acres (acreage with streets removed) = 8.3 dwelling units per net residential acre. Consideration was also given to "negligible impact development" concepts by designing the duplex lots to exceed the minimum lot size of 6,000 square feet with provisions to limit vehicular access solely to South 90th Avenue so as to address potential significant adverse impacts of the development. In addition, the proposal will potentially have a long-range positive impact for the surrounding area by serving as a buffer between existing single-family homes and any future commercial or high density residential A DLT Investment Group, LLC 32 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90" Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21; PLP#002-21;SEPA#010-21 DOC INDEX 36CEIVED OCT ' 2021 l (Jf YAKIMA CC..,,.0 i l}'DEVELOPMENT development that may occur on the property zoned Local Business District (B-2) to the east or any future high density residential development that may occur in the Multifamily Residential District (R-3) zoning district to the west. (4) Subsection 15.28.040(D)(4) -- There will be adequate infrastructure capacity available by the time each phase of development is completed. There is only one phase for this development. All lots will be served by City of Yakima sewer and Nob Hill Water Association water. To avoid additional driveway impact onto Tieton Drive, proposed Lots 1-4 will only have access onto Tieton Drive through the internal plat street network, and no lot may have direct access to Tieton Drive. Sitescreening Standard 'A' shall be installed along the northern property line of Lots 1-4, to help minimize any impact from traffic along Tieton Drive. Additional vegetative buffering is encouraged along Lots 1-4, but is not required at this time. There will be adequate transportation infrastructure, as noted in the Traffic Concurrency decision. The private road provides for an efficient traffic circulation pattern. (5) Subsection 15.28.040(D)(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, site screening, buffers, and other design features or techniques. The proposed lot sizes will allow the dwelling units to be situated in a low density manner that can serve as a buffer between single-family residences in the area and any existing or future commercial or high density residential uses in the area. (6) Subsection 15.28.040(D)(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. There are not anticipated to be any significant off-site impacts. Each duplex will have its own parking. Vehicular traffic will be limited to South 90th Avenue which will be improved to the City's half-street standards. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued on July 30, 2021, with four Required Mitigation Measures which was not appealed. All off-site impacts have been addressed, and the City has no other concerns at this time which cannot be addressed at the project stage. A DLT Investment Group, LLC 33 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates" 20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 00C. y A, l RECEIVED 37 OCT - 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT (7) Subsection 15.28.040(D)(7) -- The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project. The development contains private open spaces located on the individual lots. The duplex lots will be visually separate due to emergency gates on the west end of the private streets, sole access from the east side of the site by way of South 90th Avenue and sitescreening on the north boundary of the planned development. (8) Subsection 15.28.040(D)(8) -- The proposed project is not adverse to the public health, safety, or welfare. The development will not adversely affect the environs of the area, nor is it expected to cause any traffic concerns. It will promote the public health, safety and welfare by providing additional housing options within the City. The City of Yakima Housing Action Plan recently adopted in June of 2021 concluded that the City will need approximately 5,517 new dwelling units to meet the City's projected growth needs. The proposed Planned Development will help the City meet that goal and provide an increased variety of housing within the City. (9) Subsection 15.28.040(D)(9) -- The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. Approval of this Planned Develop- ment will provide for twenty duplex lots that will be larger than the requirements of the B-2 zoning district. Public facilities will be provided to each site, and access to the site will be improved by street improvements to South 90th Avenue and driveway improvements to South 92t'd Avenue for emergency vehicles that may use the emergency gates. The additional amount and variety of residential housing will provide a benefit to the public that outweighs the effect of modification of standards relative primarily to the width of the private streets which will be adequate for the twenty duplexes. (10) Subsection 15.28.040(D)(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. The subject property is not within a critical area. A DLT Investment Group, LLC 34 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t11 Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 D C. INDX RECEIVED 38 DC =' 7202f CITY OF YAKIMA COMMUNITY DEVELOPMENT (11) Subsection 15.28.030(B)(5) -- The following elements set forth in Subsection 15.28.030(B)(5) of the YMC are properly addressed in a Develop- ment Agreement: (A) Narrative description of project and objectives; (B) Summary of development standards; (C) Site plan elements; (D) Development phasing, including times of performance to preserve vesting; (E) Public meeting summaries; (F) Performance standards and conditions addressing the above items; (G) Criteria for determining Major vs. Minor modifications and amendments; and (H) Signature(s) by each owner of property within the Master Development Plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained within an approved Plan and Development Agreement. One of the recommended conditions for approval of the proposed Planned Development would be the recording of a Development Agreement prior to final plat approval. XVII. Class (2) Duplex Use Criteria and Findings. Since a duplex is listed as a Class (2) use in the B-2 zoning district by YMC Table 4-1 in YMC §15.04.030, the Hearing Examiner's findings and conclusions relative to the proposed duplex use on twenty of the lots within the Planned Development and the Preliminary Long Plat are required to include specific reasons and ordinance provisions demonstrating that the duplex uses satisfy all of the following Class (2) use requirements that are set forth in YMC §15.04.020(B), §15.14.040(G), A DLT Investment Group, LLC 35 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th'Avenue; Parcel #181330-21433 PD#002-21;CL2#019-21;PLP#002-21;SEPA#010-21 DOC INDEX 39RECEIVED OCT 7 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT §15.02.020 and the similar Type (3) Review criteria that are set forth in YMC §15.15.040(I): (1) Compliance and Compatibility with the Objectives and Develop- ment Standards of the Comprehensive Plan. The proposed duplex uses would be compliant and compatible with Comprehensive Plan Goals 2.3, 5.1 and 5.2, as well as Policies 2.3.1, 2.3.1(E) and 2.3.3 as described above in Section VII of these recommendations and the many other Comprehensive Plan Goals and Policies described in the applications by the applicant and set forth in Subsection X(12) of these recommendations. (2) Compliance and Compatibility with the Intent and Character of the Local Business District (B-2) Zoning District. The proposed 20 duplexes on a 5.43-acre parcel would be compliant and compatible with the intent of the Local Business District (B-2) zoning district primarily because YMC Table 4-1 in YMC §15.04.030 allows duplexes as Class (2) uses that are generally permitted in that zone. The duplexes would be compliant and compatible with the character of the B-2 zoning district which is developed with residential uses. Conditions have been included in these recommendations that are intended to help address the concerns of the resident to the west and the resident to the north expressed in their testimony at the hearing and in one written comment. The proposed duplexes will have the possible long-term effect on the character of the B-2 zoning district in this location by serving as transitional uses which buffer existing and future single-family residences in the area from possible future commercial or high density residential development allowed in the Local Business (B-2) zoning district to the east and which buffer existing and future single-family residences in the area from possible future high density residential uses allowed in the Multifamily Residential (R-3) zoning district to the west. (3) Compliance with the Provisions and Standards Established in the Zoning Ordinance. Provisions and standards in the zoning ordinance applicable to the duplexes include those detailed above in the comments of the Development Services Team in Section XII of these recommendations and in the ordinance provisions set forth in Sections XIII, XIV and XV of these recommendations. Some examples of compliance by the proposed Class (2) duplexes with zoning ordinance standards include the following: A DLT Investment Group, LLC 36 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 PD#002-21; CL2#019-21; PLP#002-21;SEPA#010-21 DOC. ,sA(y REC RIED OCT ® 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT (a) Parking: 4 off-street parking spaces are required for each duplex for a total of 80 off-street parking spaces for the proposed preliminary plat. (b) Lot Coverage: Lot coverage is proposed as approximately 60 percent per lot which is significantly less than the standard of 80 percent allowed in the B-2 zoning district. (c) Setbacks: The setbacks of the proposed duplexes will meet the standards of the zoning district. (d) Sitescreening: Sitescreening Standard 'A' shall be installed along the northern property line of the site prior to the issuance of a certificate of occupancy for any of the proposed duplexes. (e) Public Facilities: City of Yakima sewer and Nob Hill Water Association water are available or capable of being extended. The property is accessed from Tieton Drive which is a minor arterial street. XVIII. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed Preliminary Long Plat during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: (1) Subsection 14.20.100(A)(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance. A determination of consistency with the provisions of the City's Urban Area Zoning Ordinance involves a consideration of the following provisions of Title 15 of the Yakima Municipal Code (YMC): (a) Consistency with Intent of Local Business District (B-2) Zoning District: The proposed Preliminary Plat is consistent with the intent of the B-2 zoning district because YMC Table 4-1 in YMC §15.04.030 provides that duplexes are Class (2) uses in the B-2 zoning district which YMC §15.04.020(B) states are generally permitted in that zoning district. (b) Consistency with Development Standards of the Local Business District (B-2) Zoning District: YMC Chapter 15.05 is designed to establish certain development requirements and the purpose of YMC Chapter 15.28 A DLT Investment Group, LLC 37 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 � �• PD#002-21; CL2#019-21;PLP#002-21;SEPA#010-21 INDEX J1 0� 1-C.r_IVED 41 OCT - 72021 CITY OF YAKIMA COMMUNITY DEVELOPMENT is to allow flexibility in development standards. The proposed development meets the requirements of those YMC Chapters insofar as it complies with many development standards and also includes appropriate modifications to some of the standards such as the reduced width of the private interior streets with emergency vehicle access gates at the west end to prevent access to South 92' Avenue by vehicles other than emergency vehicles. (c) Consistency with Intent of Planned Development Provisions: As previously noted, a Planned Development is a comprehensive development plan which is intended to: (i) provide flexibility in design and building placement; (ii) promote attractive and efficient environments that incor- porate a variety of uses, densities, and/or dwelling types; (iii) provide for economy of shared services and facilities; and (iv) economically utilize the land, resources and amenities (YMC §15.28.010(A)). A residential 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 Planned Development is authorized in any residential zone that 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 Planned Development include: one-family, two-family and multi-family residences; recreational and amusement facilities which are intended to serve the development; and any other uses authorized in the underlying zone pursuant to either Type (1), (2) or (3) review as set forth in Table 4-1 (YMC §15.2 8.020(B)(1)(a), (b) and (f)). As has been previously noted, this proposed development meets the intent of the Planned Development provisions of the zoning ordinance. (2) Subsection 14.20.100(A)(2) -- Consistency with the provisions of the Comprehensive Plan. The Future Land Use Map of the Yakima Urban Area Comprehensive Plan designates the property within the proposed Preliminary Plat as suitable for Commercial Mixed Use development. This proposed Preliminary Plat is consistent with that designation and is also consistent with Comprehensive Plan Goals 2.3, 5.1 and 5.2 and Policies 2.3.1, 2.3.1(E) and 2.3.3 as described above in Section VII of these recommendations and is also consistent with the many other Comprehensive Plan Goals and Policies described in the applications by the applicant and set forth in Subsection X(12) of these recommendations. A DLT Investment Group, LLC 38 Planned Development; 20 Class (2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t'' Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 DOC. INDEX '1 RFI E END OCT - 7 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT (3) Subsection 14.20.100(A)(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance." With the approval of the proposed Planned Development adjustments and imposition of the recommended conditions, this Preliminary Plat will meet the design requirements in YMC Chapters 14.25 and 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the recommended conditions are intended to ensure consistency with the provisions of the City's subdivision •ordinance as well as other applicable City ordinances. (4) Subsection 14.20.100(A)(4)(a) -- Appropriate provisions for public health, safety and general welfare. The construction of new residential units which will complement uses in the area will promote the public health, safety and general welfare insofar as there is a need in this community for a variety of housing options such as the proposed duplexes and insofar as this proposed Preliminary Plat would be required to comply with Planned Development conditions and all other conditions of approval specified by the City Council. (5) Subsection 14.20.100(A)(4)(b) -- Appropriate provisions for open spaces. The proposed lots are larger than minimum sizes required in the B-2 zoning district of 6,000 square feet. Lot coverage will be about 60% in the B-2 zoning district which allows 80% lot coverage with impervious surfaces. The increased lot sizes, reduced lot coverage, and compliance with standard setback requirements will provide open spaces on the lots and adequate light and air for future residents in accordance with the standards in the zoning ordinance without additional open spaces. (6) Subsection 14.20.100(A)(4)(c) -- Appropriate provisions for drainage ways. Stormwater will be retained on the site. Drainage system facilities will be provided in accordance with state and local regulations including the Eastern Washington Stormwater Manual and the City of Yakima Municipal Code requirements. (7) Subsection 14.20.100(A)(4)(d) -- Appropriate provisions for streets or roads, alleys and other public ways. Appropriate provisions will be made for streets. . The applicant will construct half-street improvements to South 90th Avenue to City standards along the frontage of the plat from Tieton Drive which will provide access to the three paved 25-foot-wide private interior streets that will be within 40-foot-wide combined street/utility rights-of-way. A DLT Investment Group, LLC 39 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90'11 Avenue; Parcel #181330-21433 DOC PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 INDEX rr1VED 43 CT 7 2021 CITY Of='YAKIMA COMMUNITY DEVELOPMENT (8) Subsection 14.20.100(A)(4)(e) -- Appropriate provisions for transit stops. Yakima Transit Route 1 is accessible at the corner of 90th Avenue and Tieton Drive directly adjacent to the site. (9) Subsection 14.20.100(A)(4)(f) -- Appropriate provisions for potable water supplies, irrigation and other water suppliers. All lots will be served with public domestic water and water for fire protection purposes by the City of Yakima which will constitute appropriate provisions for water. In addition, the preliminary plat shows looped water lines that would tie into the existing water line extending south into South 92nd Avenue from Tieton Drive. That is the conceptual design which is subject to approval by the Nob Hill Water Associ- ation. Even without the looping, the existing water line in South 92nd Avenue would appear to be available for future development to the west and south of the plat. (10) Subsection 14.20.100(A)(4)(g) -- Appropriate provisions for sanitary waste disposal. There will be appropriate provisions for sanitary waste disposal for the proposed Preliminary Plat in the form of public sewer service provided in accordance with the City of Yakima's Title 12 standards. A City of Yakima sewer main capable of serving all of the lots has been extended south from Tieton Drive. In addition, in order to provide "to and through" sewer line availability to the west of the development, a sewer line is shown on the prelimi- nary plat to extend in the southernmost access/utility easement from South 90th Avenue to South 92nd Avenue. The sewer line would terminate at the west property line of the plat where it could be accessed by some of the future development west of the plat. Property south and west of the plat may have to extend the 12-inch line that ends in Midvale Avenue from that point northerly in the South 92nd Avenue right-of-way. That right-of-way, according to County mapping, is continuous from Midvale Avenue to Tieton Drive. The right-of-way, according to the County Assessor mapping, is a public street right-of-way and according to City GIS mapping, is within the City limits. It is improved with pavement, curbs and streetlights on both sides and sidewalk on one side for about 320 feet from the centerline of Tieton Drive. Extension of the sewer line from the south will likely require crossing Shaw Creek in the same manner that Greg Bainter was required to cross the creek in extending the existing sewer line on South 90th Avenue (Email from Tom Durant dated September 24, 2021). A DLT Investment Group,LLC 40 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 ��� PD#002-21;CL2#019-21;PLP#002-21; SEPA#010-21 INDEX JC,1}4— 7 2021 ci w HKIMA COMMUNITY DEVELOPMENT (11) Subsection 14.20.100(A)(4)(h) and 14.20.100(A)(4)(i) — Appro- priate provisions for parks, recreation and playgrounds. Open space, parks, recreation, and playgrounds are located approximately within 1.5 miles of this proposed preliminary plat at West Valley Park. The proposed preliminary plat is not located in a planned parks and recreation area. Other provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number and location of the proposed lots and the fact that provisions for playgrounds exist at the schools which children within the proposed preliminary plat would be attending, and could also be individually provided on the lots themselves which are of a size which would allow for playground areas as needed or desired. (12) Subsection 14.20.100(A)(4)(j) -- Appropriate provisions for schools and schoolgrounds. West Valley High School and 9th Grade School are located within about 1.5 miles from this proposed plat, and Cottonwood Elementary School is located within about .7 of a mile from this proposed plat. (13) Subsection 14.20.100(A)(4)(k) -- Appropriate provisions for sidewalks. Per the provisions of the Planned Development Agreement, the proposed plat will not have internal sidewalks along the three private interior streets for the lots, but will have a sidewalk to Tieton Drive along its frontage on South 90th Avenue. (14) Subsection 14.20.100(A)(4)(1) -- Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school. There was no evidence presented at the hearing of a need for other planning features to be provided within this preliminary plat in order to make appropriate provisions for safe walking conditions for students who walk to and from school in addition to the sidewalk that will be constructed on South 90th Avenue. This sidewalk will make it more desirable for pedestrians to use South 90th Avenue than South 92nd Avenue when walking to and from Tieton Drive, especially if the residents can convince the School District to move the school bus stop on Tieton Drive from South 92nd Avenue to South 90th Avenue. Otherwise there is no mechanism or policy that can limit pedestrian use of South 92nd Avenue which is a platted City right-of-way (Emails of Tom Durant and Trevor Martin dated September 24, 2021). A DLT Investment Group, LLC 41 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates" 20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 DOC PD#002-21; CL2#019-21; PLP#002-21; SEPA#010-21 INDEX 45 RECEIVED OCT - 7 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT (15) Subsection 14.20.100(A)(5) -- Public use and interest. A Note on Plat #0249301 recorded on February 6, 1992, states "The owner shown hereon, their grantees and assignees in interest, hereby covenant and agree to properly abandon and/or remove the well & garage located within the 30 foot right-of-way along the east at such time as further division and/or development of the property triggers the requirement for road improvements within said right-of-way. Prior to installation of right-of-way improvements, the conditions of the 1992 plat note must be satisfied and verified by the City of Yakima. A rezone of the property approved by Ordinance 14-2004 which was recorded on January 10, 2005, conditioned future development of the subject property under Section VI, General Provisions, Number 2, which states "The governmental entity with land use jurisdiction over said property may enforce the requirements of this agreement." The applicant specifically mentioned conditions within the Ordinance in the narrative. Per the Ordinance, the applicant may discuss any deviation from the specifically outlined conditions, and propose any development based upon the City of Yakima Municipal Code Standards. As conditioned by the recommended conditions, the evidence indicated that this proposed Preliminary Long Plat will be consistent with neighboring land uses and will help serve the residential needs of this area by providing additional home ownership opportunities. (16) Time Limitation: The applicant has five years from the date of Preliminary Plat approval to submit the Final Plat. If more time is needed, at least 30 days prior to the expiration of Preliminary Plat approval the applicant must submit to the City Council a written request asking to extend the approval period for a maximum of one year (YMC §14.20.160). Before the Final Plat can be recorded, all required infrastructure must be engineered, completed and inspected or engineered and financially secured and receive Final Plat approval from the Community Development Department. XIX. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the consistency of the Planned Development and Preliminary Long Plat with applicable development regulations, or in the absence of applicable regulations, the adopted A DLT Investment Group, LLC 42 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 [HOC. PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 INDEX '' CEIVED 46 • r ..a ()CT 7 2021 'AKIM• 'f . - , OPMENT Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re-examine alternatives to, or hear appeals on, the following items identified in these conclusions except for issues of code interpretation: (1) The type of land use contemplated by the proposal (a residential development) is permitted as a Planned Development and Plat for duplexes on this site so long as the proposal complies with the requisite criteria for approval and the conditions imposed by the Yakima City Council. (2) The level of development with the proposed residential density of the development of about 8.3 dwelling units per net residential acre and the lot coverage with impervious surfaces of about 20% less than allowed in the B-2 zoning district will not exceed the allowable level of development in the Local Business District (B-2) zoning district. (3) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that will be provided at the applicant's expense will ensure that adequate infrastructure and public facilities will be available for the proposed Planned Development and Preliminary Long Plat. Water will be provided by the Nob Hill Water Association and sewer will be provided by the City of Yakima. Irrigation water will be provided by the Yakima Valley Canal Company (Document Index #E-1, page 7 of the Environmental Checklist). Access from Tieton Drive will be by way of South 90th Avenue which will be improved to half-street City standards. Interior streets will consist of 25- foot-wide paved private streets within 40-foot-wide combined street/utility rights- of-way. (4) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves compliance with the Planned Development Agree- ment and conditions of Preliminary Plat approval imposed by the City Council. A DLT Investment Group, LLC 43 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 PD#002-21;CL2#0 19-21;PLP#002-21; SEPA#01 0-21 DOC. INDEX leVi 47 EIVED : CT ® 7 2021 'KIMA iLOPMENT CONCLUSIONS Based upon the foregoing Findings, the Hearing Examiner reaches and issues the following Conclusions: (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of this proposed Planned Development and Preliminary Long Plat of"Upper Valley Estates" with twenty Class (2) duplexes by virtue of YMC §1.43.080, YMC §15.28.040, YMC §15.14.040(G), YMC §15.15.040(I) and YMC §14.20.100. (2) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed Planned Development and Preliminary Long Plat on July 30, 2021, imposing four Required Mitigation Measures which became final without an appeal. (3) The proposed modifications to development standards described in these recommendations which primarily relate to the width of the private streets in the Planned Development and which will all be described in a Development Agree- ment will allow for flexibility in the siting of the 20 proposed new duplexes. (4) The proposed Planned Development as conditioned below satisfies all of the considerations and criteria for approval set forth in YMC §15.28.040(D). (5) The proposed Class (2) duplex uses as conditioned below satisfy all of the considerations and criteria for approval set forth in YMC §15.14.040(G) and YMC §15.15.040(I). (6) The proposed Preliminary Long Plat as conditioned below satisfies the criteria for approval set forth in YMC §14.20.100 and RCW 58.17.110 because it is in compliance with the City's Comprehensive Plan, zoning ordinance and subdivision ordinance; makes appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; will serve the public use and interest; and, according to the weight of the evidence presented at the hearing, does not require that specific provisions be made for the other requisite plat considerations such as additional schools, A DLT Investment Group, LLC 44 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90di Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 DOC 48 RECEIVED OCT 1 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT additional schoolgrounds or additional planning features that assure safe walking conditions for students who walk to and from school. (7) The proposed Planned Development, the proposed 20 Class (2) duplexes and the proposed 20-lot Preliminary Long Plat are all in compliance with the consistency requirements of YMC §16.06.020(B). RECOMMENDATIONS The Hearing Examiner recommends to the Yakima City Council that the proposed Planned Development and the proposed 20-lot Preliminary Plat of "Upper Valley Estates" for 20 Class (2) duplexes as described in the project narrative; as shown on the Preliminary Plat of "Upper Valley Estates" dated January 25, 2021, which was received by the Planning Division on April 19, 2021; as described in these recommendations; and as described in related documents in the record of this matter which consists of the Planning Division file numbers PD#002-21, CL2#019-21, PLP#002-21 and SEPA#010-21 be APPROVED, subject to the following conditions: (1) The applicant shall enter into a Development Agreement with the City of Yakima. (2) The applicant shall submit and gain approval of civil engineered plans which provide for design of all Title 12 development standards, including but not limited to curb, gutter, sidewalk, street lighting, stormwater, and street design except for the modifications thereto that are allowed by the City Council and included in the requisite Development Agreement. (3) Prior to approval of the final plat, all approved improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12. A DLT Investment Group, LLC 45 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90`h Avenue; Parcel #181330-21433 ®��. PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 INDEX RECEIVED OCT - 7 2029 CITY OF YAKIMA COMMUNITY DEVELOPMENT (4) Emergency gates and landscaping, rocks or other improvements necessary to prevent vehicular access other than emergency vehicular access to or from the plat by way of South 92"d Avenue, either through or around the ends of said gates, shall be installed and maintained at the west end of the three private streets, and driveways sufficient to allow emergency vehicular access to and from South 92"d Avenue shall be constructed prior to issuance of a certificate of occupancy for any of the duplexes. Any change in the condition or design of the gates or improvements at the west end of the streets that allows vehicular access to and from South 92"d Avenue other than emergency vehicular access may be allowed in the future only if the criteria for approval of a Class (3) conditional use are satisfied through the Type (3) review process which requires public notice and an open record public hearing conducted by the Hearing Examiner or, if the Type (3) review process does not exist at that time, then only if approved through a comparable process or procedure that does exist at that time. (5) All lots shall be served with public water from the Nob Hill Water Association. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from the Nob Hill Water Association must be submitted to the Planning Division indicating that all construction required to provide each lot with domestic water has been completed and that the fees have been paid. (6) All lots shall be provided with public sewer service according to YMC Title 12 standards. Prior to final plat approval, written verification from the City of Yakima Engineering Department must be provided to the Planning Division indicating that all sewer extensions have been completed and inspected or financially secured. (7) Easements for new and future utility lines shall be dedicated along the front of each lot in subdivisions that are a minimum of 8 feet in width, or twice the buried depth of the utility, whichever is greater, in accordance with YMC §12.02.020. (8) All public and private utilities shall be located underground with the exception of telephone boxes and such similar structures. (9) All public and private utilities to be located within public road rights-of- way must be installed or constructed there prior to the start of road construction. A DLT Investment Group,LLC 46 Planned Development; 20 Class(2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel #181330-21433 PD#002-21;CL2#019-21; PLP#002-21; SEPA#010-21 DOC. INDEX �- -} RECEDED OCT - 7 2021 CITY OF YAKIMA COMINIF(DEVELOPMENT • (10) Fire hydrants shall be placed at the locations specified by the Building • Codes and Planning Division and the Yakima Fire Department. All lots must be provided with adequate fire flow. (11) 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." (12) All permits required by the Yakima Regional Clean Air Agency must be obtained and a copy must be provided to the City of Yakima Code Admin- istration prior to commencement of site preparation. The developer shall designate a responsible party to serve during working hours as the contact for suspected air quality violations. (13) An NPDES Permit and a Stormwater Pollution Prevention Plan shall be prepared and submitted to the City. (14) The Note on the 1992 plat regarding the removal of any buildings and any well on the site of the proposed planned development shall be satisfied and verified by the City of Yakima. (15) Prior to submittal of the final plat, names of the private streets shall be selected and provided to the Permit Project Coordinator in order to complete the assignment of addressing. All addresses must be clearly shown on the face of the final plat as required by RCW 58.17.280. (16) This plat shall be subject to the following notes, which must be placed on the face of the plat: (a) 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. (b) The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on-site. • • (17) Irrigation approval of the Yakima Valley Canal Company shall be shown on the face of the final plat. A DLT Investment Group, LLC 47 Planned Development; 20 Class(2)Duplexes; "Upper Valley Estates" 20-Lot Preliminary Plat: 502 South 90th Avenue; Parcel#181330-21433 DOC. PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 • RECEI' D OCT — 7 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT (18) A Cultural Resources Survey shall be conducted on the subject site as required by the SEPA Mitigated Determination of Nonsignificance. (19) All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety except for the modifications to requirements shown on the proposed Preliminary Plat of "Upper Valley Estates" dated January 25, 2021, and plus any additional conditions described in these recommendations that are adopted by the Yakima City Council and included within the Development Agreement. (20) Upon preliminary plat approval, the applicant has five years to submit the final plat. In order to request an extension of time, the applicant must submit to the City Council a written request at least 30 days prior to the expiration of approval asking the City Council to extend the approval period for a maximum period of one year. DATED this 7th day of October, 2021. N1►r • Gary M. Cu llier, Hearing Examiner A DLT Investment Group, LLC 48 Planned Development; 20 Class (2) Duplexes; "Upper Valley Estates"20-Lot Preliminary Plat: 502 South 90t"Avenue; Parcel#181330-21433 PD#002-21; CL2#019-21;PLP#002-21; SEPA#010-21 eDOC A rID X 52 GREG & ADELE BAINTER PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST CHAPTER A Staff Report DOC DOCUMENT DAT INDEX # A-1 Staff Report 09/09/2021 53 �� DEPARTMENT OF COMMUNITY DEVELOPMENT #711 �i�x Joan Davenport, AICP, Director �•_ Planning Division PlCITY OF YAKIMA anning Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, & RECOMMENDATION for REQUEST FOR MASTER PLANNED DEVELOPMENT, PRELIMINARY LONG PLAT, TYPE 2 REVIEW, AND ENVIRONMENTAL REVIEW File Number(s): PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 &TCO#010-21 APPLICANT: PLSA Engineering & Surveying APPLICANT ADDRESS: 521 N 20th Ave. Ste. #3, Yakima, WA 98902 PROJECT LOCATION: 502 S. 90th Ave. NAME OF PLAT: Upper Valley Estates TAX PARCEL NUMBERS: 181330-21433 DATE OF REQUEST: April 19, 2021 DATE OF RECOMMENDATION: September 8, 2021 STAFF CONTACT: Trevor Martin, Associate Planner I. DESCRIPTION OF REQUEST: Proposed Master Planned Development, Preliminary Long Plat, and Type 2 Land Use Review to subdivide one parcel totaling approximately 5.43 acres, into 20 residential lots for duplexes in the Local Business District (B-2) zoning district. II. SUMMARY OF DECISION: The Administrative Official recommends approval, subject to conditions. III. FACTS: I. Processing 1. The applications for a Master Planned Development, Type 2, and Preliminary Long Plat were received on April 30, 2021. The applications for Type 2 Review and Adjustment were received on April 19, 2021. 2. The applications were deemed complete for processing on June 16, 2021 3. The applications are being processed under YMC Ch. 15.28 for Master Planned Development Overlay, YMC Ch. 15.14 for Type 2 Review, YMC Title 14 for Subdivision, and YMC Ch. 6.88 for Environmental Review. 4. Pursuant to YMC Ch. 1.43 and YMC § 15.23.030, the Hearing Examiner has the authority to hold a public hearing and provide a recommendation to the City Council on a Planned Development and Preliminary Long Plat request. 5. Public Notice: In accordance with YMC § 15.11.080 and YMC § 16.05.010, notice was provided for this application as follows: a. The subject property was posted with a land use action sign on June 16, 2021 Yakima DOC.INDEX# _ ( • 2015 • q 1994 54 b. A Notice of Application and Environmental Review was sent to the applicant, SEPA agencies, and adjoining property owners within 300 feet of the subject property on June 16, 2021. c. During the 20 day public comment period, the following comments were received from the general public and SEPA Agencies: A comment was received from the Washington Department of Archaeology and Historic Preservation (DAHP), which states: "Our statewide predictive model indicates that there is a high probability of encountering cultural resources within the proposed project area. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the SHPO in conformance with Washington State law. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Please ensure that the DAHP Project Number (a.k.a. Project Tracking Code) is shared with any hired cultural resource consultants and is attached to any communications or submitted reports..." Staff Response: the applicant shall conduct a cultural resource survey of the site, and submit documentation of the survey to DAHP and the City, prior to the issuance of and building permits for the site. i Another comment was received from the Yakima County Flood Control District, and this comment states: "By looking at the lidar contours and location of the canal north of Tieton Ave. it appears there is a natural drainageway starting at the middle of the lot on north side. It's likely over the years this lot has had some reshaping for agricultural purposes, but the current flow would be from the middle of the lot, downslope to or on top of S 92nd Ave, then moving off the road into the lot on the south end. More recent development may have further modified the topography but its apparent there was (and probably still should be) a drainageway from north of Tieton Drive downslope towards Shaw Creek. The FCZD is asking that the applicant keep pass-through flow from upslope in mind when designing the project. Staff Response: The applicant shall work with the Yakima County Department of Ecology and City of Yakima Stormwater Division to ensure that draining from the site is mitigated properly, and adhere to the conditions issued in the MDNS. PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- DQC. iNOE 2 55 i A comment was received from a neighboring resident at 920 Bell Ave., their comments stated: I am writing to express my concern about any access the development would have to the gravel road bordering the west side of the property which is South 92nd Avenue. As that road grade/ slope is presently constructed, when vehicles on the road are stopped for traffic on 92nd and Tieton, the headlights shine directly across into my home (living room, kitchen, and bedrooms). My entire house is illuminated with these bright lights, disturbing daily living and sleep activities. Currently there are but a few residences that utilize that road and so the lights at night are annoying but manageable. However, I am very concerned that the proposed 40 residential units will make the situation beyond bearable. I understood from the plans that access from the units to 92nd Ave would be for fire lanes / emergency use only. However, my experience suggests that in the very short future that will be opened to general use. I am greatly worried about the increase in traffic. If this development goes forward I request there be some accommodation to modify the 92nd/Tieton intersection so the vast increase of vehicle lights will not disturb the enjoyment of my residence, and/or permanently block access from the units to 92nd Ave. Staff response: The applicant is proposing access from S. 90th Ave. only. There is no proposed access to South 92nd Ave other than emergency access. iv A final comment from the Washington Department of Ecology was received during the 20-day public comment period, this comment states: "Historical aerial photos indicate your project is located on property that was occupied by orchard during the time period when lead arsenate was applied as a pesticide, often resulting in shallow soil contamination from lead and/or arsenic. Before proceeding, your project is required to conduct soil sampling under the Model Toxics Control Act (Chapter 173-340 WAC). If sampling indicates elevated levels of lead and arsenic, cleanup will be required prior to occupancy. The Department of Ecology plans to use Model Remedies for lead and arsenic pesticide contamination in historical orchards of Central Washington. A Focus Sheet on the Model Remedies can be found at httl :/lapps.ecolc v.wa.qav/publ!catians,00pumen1sl210900 7.pdf Compliance with a Model Remedy ensures your project meets the minimum standards of the Model Toxics Control Act, and if implemented as described, your property will be successfully cleaned up to Washington State standards. Ecology can provide free initial sampling as well as free technical assistance for your project. WATER QUALITY Project with Potential to Discharge Off-Site— If your project anticipates disturbing ground with the potential for stormwater discharge off-site, the NPDES Construction Stormwater General Permit is recommended. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit may take 38-60 days. PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TC0#010- DOC. HUE) 21 1 —1 L 3 56 The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) shall be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water and storm drains by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. In the event that an unpermitted Stormwater discharge does occur off-site, it is a violation of Chapter 90.48 RCW, Water Pollution Control and is subject to enforcement action Staff Response: Staff Response—The site shall undergo soil sampling under the Model Toxics Control Act(WAC 173-340) before any building permits shall be issued for the subject project. The project shall submit for the NPDES Construction Stormwater General Permit, and a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) prior to the issuance of any building permits for the subject project. 6. Environmental Review: A Notice of Application and SEPA Environmental Review was mailed to SEPA agencies, the applicant, and adjoining property owners within 300 feet of the subject property on June 16, 2021. Three SEPA agency comments were received during the comment period that ended July 6, 2021. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued on July 30, 2021. No appeals have been filed with the City of Yakima Planning Division. II. Current Zoning and Land Use: 1. The subject property is approximately 5.43 acres, and is zoned Local Business District (B-2). 2. The surrounding properties contain uses and zoning as follows: Di:ettion Zoninci . ;znci L1 North Single-Family Residential (R-1) Single Family South Single-Family Residential (R-1) Single Family East Local Business District (B-2) Single Family West Multifamily Residential (R-3) Single Family Single-Family Residential (R-1) Ill. Written Narrative: Pursuant to YMC § 15.28.030, the applicant provided the following statements in the Planned Development application: 1. What land uses are proposed? The subdivision is proposed for a total of 40 duplex residential units. The application is being made as a Residential planned development under YMC 15.28.020(A)(1), listed as permitted in the 8-2 zone. Two family residential(duplexes) is a permitted use in residential planned developments (YMC 15.28.020(B)(1)(a)). DOC. dy-100 PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- 21 I . I 4 57 2. Will the land be subdivided? If so, what type of subdivision? (Long Plat, Short Plat, Binding Site Plan, etc.) The 20 individual lots are to be created by regular subdivision (long plat). 3. How does the proposed Planned Development allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? Duplexes are a Class 2 land use (usually permitted) in the 8-2 zoning district. Proposed lot sizes, lot widths and setbacks exceed the minimum zoning'standards of the 8-2 zone and generally conform to or exceed the more restrictive standards of the R-2 zone. Revised street improvement standards are intended for narrower streets allowing more intimacy, larger yards and reduced impervious surfaces. The private streets will have low speeds and traffic levels with most parking off-street. Residential development of a portion of this commercially zoned area provides opportunities for mixed use and would provide for a transition from lower density R-1 zoned properties north and directly south of the site to the mostly undeveloped commercially zoned property to the east. The proposal is consistent in use and allowable density with (mostly undeveloped) R-3 zoned property to the west. Limiting all but emergency access to S. 9Oth Avenue reduces potential traffic impacts on S. 92nd Avenue, a private street in an unimproved right-of-way that at present serves a small number of single-family homes. 4. Describe how the proposed Planned Development facilitates the efficient use of the land. Narrower streets allow for larger residential lots and yards with setbacks that meet or exceed standards that would be required in the R-2 zoning district and are higher than the less strict standards of the 8-2 zone. Limiting most access to one side of the development keeps the individual private streets from becoming through-streets and the associated impact that it would have on adjoining neighborhoods. 5. Describe how the proposed Planned Development increases economic feasibility (i.e., fostering efficient arrangement of land use, buildings, transportation systems, open space and utilities). The lot arrangement is an efficient use of the site given its shape and dimensions. The depth (north-south dimension) of the property results in larger lots in order to accommodate the private streets and building footprints. With the gated emergency access, there is no need to put in vehicle turnarounds or to use the additional land needed to construct them. Utility extensions provide for connection to all lots and facilitates further utility extension to properties to the west. No common open space is proposed because lot sizes are sufficient for private yards. 6. How does the proposed Planned Development preserve or enhance natural amenities, features, shorelines and critical areas in the development of the site? Critical areas, although nearby, are not on the proposed site, so there would be no impact on them. The site is gently sloping, with the slope increasing somewhat at the north end to Tieton Drive. Lot and building development generally follow the contours of the slope and larger rear yards are provided along the tier of lots at the north end of the site to provide for the steeper slope area and a 'rr:'nal distance from Tieton Drive. 7. Identify environmental impacts and appropriate mitigation measures. PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- DEC. i'.,I.DLX # 21 5 58 SEPA review has not been completed and significant environmental impacts have not been identified. Some of the site considerations that are being made, based in part on meeting with the City Development Services Team, include providing frontage improvements on S. 9Oth Avenue, a road maintenance agreement for future lot owners, streetlights as directed by the City, fire hydrants within 500 feet of all lots Limiting direct access to S. 9Oth Avenue, providing additional setbacks and yard areas than would be required by current zoning, and a low residential density provides for additional mitigation and compatibility with surrounding land uses. 8. How does the proposed Planned Development encourage environmentally sustainable development? The project uses "low-impact development"concepts 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). Stormwater will be retained on-site and drainage and infiltration facilities provided. The proposal accommodates population growth within the urban growth area to the benefit of resource and sensitive lands farther out and to reduce sprawl. While the B-2 zoning district allows for 80 percent lot coverage, the lot coverage of these lots is around 60 percent including private streets in the calculation. Proposed density, lot coverage and large yards ensures that stormwater facilities are functional. 9. What services and facilities are available to serve the property?Are those services adequate? Available include a recently constructed 8-inch sewer line in 9Oth Avenue that extends south to connect to a larger line in Midvale Avenue and 8-inch water lines extending south on both 9Oth and 92nd Avenues from a 12 inch main in Tieton Drive. There are two existing fire hydrants on Tieton Drive that should be able to provide the maximum of 600 feet from a hydrant to most of the lots in the development. Also available are electric power, cable television and telephone. The site is in the West Valley School District— Cottonwood Elementary School is about 3/4 mile away as measured along City streets- and is served by City fire, police and emergency services. 10. Will the proposed development promote economic development, job creation diversification or affordable housing? With or without the Master Planned Development, the project provides economic development and construction jobs. The proposed housing adds to capacity currently needed in the community. 11. How does the proposed development create vibrant mixed-use neighborhoods, with a balance of housing, commercial, and recreational facilities? The proposal, along with neighboring properties, provide a mix of housing and commercial opportunities to this area. Many of the surrounding lands are undeveloped or partially developed, but based on their zoning, a mix of single-family and moderate to high density residential development should be expected along Tieton Drive with a mix of commercial or possibly mixed-use development. Single- family residential development becomes more prevalent farther to the south and east with single-family homes immediately adjacent along 92nd Avenue and to the east on Tieton Drive. 2DEX D#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010 DOC ��� 6 1 • I 59 12. How is the proposal consistent with goals, policies, and objectives of the Yakima Urban Area Comprehensive Plan? The proposal is consistent with the purpose of the Community Mixed-Use future land use designation to allow for a mixture of neighborhood scaled retail, commercial service, office, and high-density residential uses (Policy 2.2.3.A). While many of these land uses are not yet developed in this location, the zoning of undeveloped areas is consistent with the purpose statement. The mixture and density of retail, commercial service, office and high density residential depend on the area's context. Being in a transitional area nearer to residential neighborhoods suggests a mix with residential more prevalent. The proposed density of 4 to 5 dwelling units per acre (depending on how it is calculated) is lower than allowed maximums and results from the efficient development of this site. The zoning of mostly undeveloped areas nearby indicate a mixture of commercial and residential land uses at varying densities. Adequate public services can be provided(Policy 2.L.7) The proposal contributes to the provision of a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population (Policy 2.3.L). Duplexes are allowed in appropriate residential zones provided that density standards are met(Policy 2.3.1.E). Duplexes are also a permitted Class 2 uses in the 8-2 zone. Pedestrian orientation is provided by the private access streets and minor local street with sidewalks connecting to Tieton Drive. Lot size and home design provide usable open space on each lot. The proposal helps to preserve and enhance nearby residential neighborhoods (Policy 2.3.2) by providing for relatively low density housing to transition from those neighborhoods to the other commercially zoned lands. The site location along Tieton Drive, served by public transit, is suitable for higher density residential development. The private residential streets are safe and walkable (Policy 2.3.3), tie into existing sidewalks on Tieton Drive with good connections and transit access. The proposal adds to the diversity of housing choices consistent with Goal 5.1 The use of transitional densities to ensure compatibility is consistent with Policy 5.4.2. In this case the transition is from the single-family residential neighborhoods to the southwest along 92nd Avenue to the commercially zoned(but mostly undeveloped) areas on the east side of S. 9Oth Avenue. The mostly undeveloped areas directly to the west are zoned R-3, being compatible rather than transitional. The proposal provides for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population (Policy 2.3.1). Under Goal 2.7: "Resource protection and sustainable design. Reinforce and enhance Yakima's environmental stewardship"are policies to protect sensitive natural areas, restore graded natural areas, use functional low impact development features such as bio-swales. Under Goal 5.1: "Encourage diverse and affordable housing choices,"are Policy 5.1.4 and 5.1.9 supporting the provision of housing options to increase affordable and market rate housing, diversity of housing to support a variety of households, dispersion of affordable housing throughout the City, convenient access to transit, a range of unit types, ownership housing when possible and long-term affordability. This proposal is consistent with many of these objectives particularly in terms of affordability, housing diversity and access to transit. 13. How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010— 21 DOC. 6s'\li;EX (f 7 60 Development of the project to the characteristics of the site. Modified, narrower streets provide a drIIfsnal lot area and reduced impervious surfaces. 14. Does the proposed Planned Development promote a sound system for traffic and pedestrian circulation? Describe. The small-scale private access streets will provide safe, low traffic routes for vehicles and pedestrians to public streets and access to transit on Tieton Drive. Sidewalks on both sides of Tieton Drive provide continuous access to Cottonwood School, existing commercial areas to the east and future commercial areas to the west and south. 15. How does the proposed Planned Development promote open space and use of natural and I or developed amenities? Proposed lots range in size from 9,902 to 14,491 square feet, compared to the minimum duplex lot size of 6,000 square feet. The larger lot size is due, in part to how the lots fit within the dimensions of the site and proposed and existing streets. However, it does provide for a lower residential density than could be allowed, if the smaller lot were used. It also provides for setbacks that meet or exceed the minimum standards of the R-2 zone rather than the smaller setbacks standards allowed in the 8-2 zone. Distances from the building envelopes shown on the site plan from Tieton Drive ranging from 27 feet to 37 feet (measured from the property line, rather than centerline of the street) accommodate the steeper slope up to Tieton Drive and provide a larger buffer from residential units to the arterial street. 16. Will the proposed Planned Development provide an architecturally attractive, durable and energy efficient development? Residential buildings will be similar in appearance but varied to avoid a monotonous look and consistent with similar residential units in nearby subdivisions. Colors will be earthtones or otherwise muted rather than bold and bright. They will be designed to conform to current building codes and the Washington State Energy Code. All City setback, lot coverage, lot size and lot width standards are to be met, or as already described, exceeded on the residential lots. 17. Please provide a summary of all previously known land use decisions affecting the applicant's property and all outstanding conditions of approval with respect to such prior land use decisions. Previous land use decision applicable to the site include a short plat recorded in 1992 and rezoning to 8-2 by Yakima County in 2004. A note on the 1992 short plat limited access from Lot 2 to S. 92nd Avenue. However, significant changes that have occurred since include: Lots 1 and 2 of that short subdivision have been combined to form the lot that is the subject of this application; Tieton Drive has been improved from a two-lane rural road to a four-lane arterial street with curbs, sidewalks and streetlights and South 90th Avenue has been partially improved. At the time the short plat was recorded, Lot 2, for which the access restriction was placed on the short plat, had frontage on 92nd Avenue but not on Tieton Drive. The combined lots now have frontage on all three streets. At the time the 1992 short plat was recorded, there was only a partial dedication of right-of-way for S. 90th Avenue. Since then, full right- of way width has been dedicated, and the S. 90th Avenue intersection with Tieton Drive has been constructed including extension of curb and sidewalk and a r'r;i;ri]nal right-of-way dedicated. The 2004 rezone approval of this property included a condition that this restriction on access should be removed or waived once the construction of S. 90th Avenue has been completed. Every indication is that Yakima PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- 21 + . INDEX# " 8 Pc } 61 County, and since annexation, the City of Yakima, has intended access to this property from the improved intersection of S. 90th Avenue. A plat note on the 1992 short plat also required participation in a road maintenance association for S. 92nd Avenue while it remains a private road. There is no indication that this occurred, and it would be unnecessary with access to that street restricted as proposed. A plat note on the 1992 short plat requires the abandonment and removal of a well and garage as necessary to facilitate road improvements of 90th Avenue. This is to be done when the street improvements are required. While it isn't clear if this note refers to existing improvements on the part of the property that is the subject of this application, the existing buildings will be removed. Requirements from the 2004 rezone of this property to be imposed in conjunction with Type 2 or 3 Review have been met, will be met as they pertain to this part of the site by this project or do not pertain to this part of the site. a. S. 90th Avenue is to be constructed as a hard surfaced public street as required by the City of Yakima. b. No commercial access to S. 92nd Avenue or Tieton Drive results from this proposal. c. Sewer and water mains are in place and will be extended as necessary to serve the development as required by the City of Yakima and Nob Hill Water. d. A public utility easement has been dedicated from the south end of S. 90th Avenue through the property that was the subject of the 2005 rezone to Midvale Avenue. 18. Any other development standards proposed to be modified from the underlying zoning district requirements. Private roads are allowed in master planned development overlays by YMC 15.09.100, which requires the private road to be constructed to the minimum standards of the jurisdiction. The minimum standards are in Title 12 and the fire apparatus road standards required by YMC 15.05.055. Deviation from these standards are as follows: a. Deviation from Title 12 standards for private roads (YMC 12.05.090) include easement width of 40 feet rather than 50 feet, pavement width of 25 feet rather than 30 feet, no sidewalks on the private road. No cul-de- sac or hammerhead turnaround on the bases that emergency access gates render them unnecessary for emergency vehicles and that refuse collection will take place on public street frontages. b. No improvement of 92nd Avenue is proposed based on its not being used for access to the development except for emergency vehicles. While YMC 12.05.010 requires sidewalk installation on new, improved, and reconstructed streets, it is required on the frontage of newly developed or redeveloped lots where feasible. Under YMC 15.05.020(J) a sidewalk is required if one exists within two hundred feet of the development on the same side of the street. Street lighting is to be provided as directed per YMC 12.06.080, so it is not a modified development standard. PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- L'L = ti !I:CC a 21 A-r1 • 9 62 19. What are the aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts. Residential buildings are designed to be architecturally similar to duplexes being constructed in Cottonwood Grove and other newer developments in the surrounding area. Setbacks, height and other bulk standards are either met or exceeded. There is no extraordinary light or glare. With proposed building height, wider than typical setbacks on external site boundaries and topographic characteristics of the site, no adverse solar access issues are expected. 20. Please provide an inventory of any on-site cultural, historic and/or archaeological resources. Review of public records available on-line from the Department of Archaeology and Historical Preservation showed no inventoried resources on the project site. There are two older homes shown as eligible for listing that are nearby, both on the north side of Tieton Drive. Pursuant to YMC § 15.14.030, the applicant has provided the following statements in the Type (2) Application: 1. Fully describe the proposed development including number of dwelling units and parking spaces. If the proposal is for a business, describe hours of operation, days per week, and all other relevant information related the business: This Type 2 review application is for the development of 20 duplexes in the B-2 zone. Off-street parking on each residential lot is to provide a minimum of two parking spaces per unit, or four spaces per lot for a total of at least 80 parking spaces. 2. How is the proposal compatible to neighboring properties? Much of the surrounding areas are vacant or partially undeveloped with a cluster of single family residences served by S. 92nd Avenue. The larger, partially developed parcels are characterized by single-family residences and a few scattered commercial buildings. More intensely developed residential areas are 400 feet to the southeast in the Cottonwood Grove subdivision and north of Tieton Drive. Because of the developing nature of the area, compatibility is influenced by the zoning of surrounding properties, including 8-2 zoning of the site and other properties on S. 90th Avenue to the east and southeast, R-3 zoning to the west across S. 92nd Avenue, and more 8-2 zoning on the south side of Tieton Drive beyond that. The Proposal will provide moderate density residential alternative to the allowed commercial use compatible especially with existing and future residential uses to the south and west on S. 92'Avenue and north across Tieton Drive. 3. What mitigation measures are proposed to promote compatibility? Lots are proposed with larger yards and setbacks than could be allowed for this use. Direct access is to S. 90th Avenue and not to Tieton Drive. Access to S. 92nd Avenue is limited to emergency vehicle access. The slope uphill to Tieton at the north end of the site provides some additional buffer from the residential units to the street. 4. How is your proposal consistent with current zoning of your property? The intent of the Local Business (8-2) zone is to provide areas for commercial activities that meet the small retail shopping and service needs of the community; and accommodate small scale commercial uses that need a higher level of visibility PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- DOC. INDEX# 21 - - 10 63 and easy access to major arterials. Characteristic uses include small retail sales and service establishments (YMC 15.O3.O2O(F)). This purpose statement is supplemented by comprehensive plan policies including locational criteria for the underlying Community Mixed-Use future land use designation that provide for a mixture of neighborhood scaled retail, commercial service, office, and high-density residential uses. Duplexes, and other residential land uses have been added to the list of permitted(in this case Type 2) land uses in Table 4-1 of the zoning ordinance. 5. How is your proposal consistent with uses and zoning of neighboring properties? The zoning of surrounding properties is Single-Family Residential(R-1) to the north, south, southwest and farther removed properties to the east. The immediately surrounding property on S. 9Oth Avenue to the east and southeast is zoned 8-2 and property to the west parallel to the south side of Tieton Drive is zone Multi-Family Residential(R-3) with additional 8-2 zoning beyond it to the intersection of S. 96th Avenue and Tieton Drive. The surrounding area has a mixed-use character as indicated by its zoning. The moderate density of the proposed use would be consistent, and transition from lower intensity areas to the future commercial use of the neighboring 8-2 lands on 9Oth Avenue. 6. How is your proposal in the best interest of the community? The proposed housing is consistent with comprehensive plan policies to provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population, encourage diverse and affordable housing choices throughout the City, convenient access to transit and a range of unit types. IV. Yakima Comprehensive Plan 2040: 1. Defined. Community Mixed Use—The purpose of this designation is intended to allow for a mixture of neighborhood scaled retail, commercial service, office, and high density residential uses. 2. The following goals and policies apply to this proposal: • Goal 2.3: Preserve and enhance the quality, character, and function of Yakima's residential neighborhoods o Policy 2.3.1. Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. o Policy 2.3.2 (A): Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. • Goal 2.3. Create walkable residential neighborhoods with safe streets and good connections to schools, parks, transit, and commercial services. ▪ Goal 2.5. Arterial corridors and other mixed-use centers. Enhance the character, function, and economic vitality of Yakima's arterial corridors and mixed use Centers. o Policy Allow for a mixture of compatible land uses along corridors and within mixed-use designated areas. This includes the integration of multi-family residential and office uses with retail and service commercial uses. Provide zoning and design standards to maintain compatibility between different uses and zones. • Goal 5.1. Encourage diverse and affordable housing choices. PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TC0#010- DOC, lAFlC ; 11 21 Pc.- 64 • Goal 5.2. Preserve and improve existing residential neighborhoods. IV. APPLICABLE LAW A. YMC § 12.02.010 Establishment of Easements: Public utility easements shall be established for the location of new and proposed public utility lines serving new land divisions and land development. Public utility easements shall also be established across the front of new lots and redeveloped lots to provide for future utility access as determined necessary by the city engineer. Public utility easements shall be dedicated (granted) at the time that subdivision and/or land use approval is granted. B. YMC § 12.02.020 Easement location and width: Eight-foot-wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. C. YMC § 12.03.010 Sewer service required: All new lots and development shall be served by a sanitary sewer line located adjacent to the lot or development site. D. YMC § 12.03.040 Minimum sewer line size: The minimum size for public sewer lines is eight inches in diameter E. YMC § 12.03.070 Side sewer service: Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. F. YMC § 12.04.010 Water service required: All new lots and development shall be served by a public water supply line maintained by the city of Yakima, Nob Hill Water Company, or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city Engineer in cooperation with the code administration manager and water irrigation division manager. G. YMC § 12.04.020 Water line extension required: Water lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property. In some cases it will require dedication of on easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the City's adopted water comprehensive plan. H. YMC § 12.04.040 Minimum size and material standards: New water lines in the city of Yakima water system shall be constructed of Class 52 ductile iron and shall be a minimum of eight inches in diameter. Improvements and additions to the Nob Hill Water Company system shall conform to the requirements of Nob Hill Water Company. DOC, INDEX# PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- .vim �'� 21 •'�- *-'?-* 12 65 I. YMC § 12.05.010 Sidewalk installation required: "Sidewalks shall be installed along both sides of all new, improved, and reconstructed streets..." J. YMC § 12.06.020 Right-of-way and pavement width standards: Right-of-way shall be dedicated and street surfacing provided in accordance with West Valley Neighborhood plan and Table 5-1 of the Yakima urban Area Transportation Plan K. RCW 58.17.280 and YMC Ch 14.15.090 — Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks: Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval. L. RCW 58.17.110 and YMC 14.20.120: The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. M. Title 15 Development Standards: 1 Master Planned Development Defined Pursuant to YMC § 15.02.020, "Master planned development" means any development within the Yakima urban growth area approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial development, planned industrial development, and planned mixed-use development). 2. Class {2) Land Use Der i,e::: Pursuant to YMC § 15.04.020 (B), "Class (2) uses are generally permitted in the district. However, the compatibility between a Class (2) use and the surrounding environment cannot be determined in advance, and occasionally a Class (2) use may be incompatible at a particular location. Therefore, a Type (2) review by the administrative official is required in order to promote compatibility with the intent and character of the district and the policies and development criteria of the Yakima Urban Area Comprehensive Plan. The procedures in YMC Ch. 15.14 shall be used to review and evaluate Class (1) uses that require a Type (2) review process." 3. YMC § 15.05.020 (H): Site design requirements and standards: Access Required: All new development shall have a minimum of twenty-feet of lot frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standards is to provide for vehicular access to all DOC INDEX PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- .. � 21 .._ .. .+,� 13 66 new development; provided, the construction of single-family on existing legally established lots is exempt from the requirements of this section. 4. YMC § 15.05.030 (A): Creation of new lots— Subdivision Requirements: Table of Subdivision Requirements: Establishes basic development criteria for lot size and width that must be met when reviewing an application for a new subdivision. For single-family dwelling construction in the R-1 zoning district, the required minimum lot size is 6,000 square feet. 5. YMC § 15.05.055(1) New Development Improvement Standards Fire apparatus access roads for multiple-family residential developments and one- or two-family residential developments shall be subject to the provisions of Sections D106 and D107, respectively, of Appendix D of the International Fire Code (2009 Edition). Additionally, such residential developments shall be subject to the requirements of Section D105 of Appendix D, International Fire Code (2009 Edition), pertaining to aerial fire apparatus roads, as applicable. All provisions of the International Fire Code referenced above are hereby adopted and incorporated herein by this reference, as now existing or as hereafter amended and adopted by the city. Minimum requirements for the primary and secondary access will be at least twenty feet wide, unobstructed, paved lanes. 6. YMC § 15.28.050, Master Planned Development Overlay— Development Agreement: An approved master planned development overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW 36.70B.170. The development agreement shall provide for vesting of such development conditions and standards as are deemed reasonable and necessary to accomplish the goals of the master planned development. This agreement shall be binding on all property owners within the master planned development and their successors and shall require that development of the subject property be consistent with and implement the provisions of the approved master planned development. The approved development agreement shall be signed by the city manager and all property owners and lienholders within the boundaries of the master planned development overlay and recorded prior to approval and/or issue of any implementing plats or permits. 7 T'ipe 2:1 Review: Pursuant to YMC § 15.14.020, Type (2) Review is required for any proposed use shown on Table 4-1 as a Class (2) use, for Class (1) uses requiring Type (2) review in YMC 15.13.020; and for other specific reviews established by this title. 8. B-2 Zoning District Defined: Pursuant to YMC § 15.03.20 (F), the Local Business District is intended to: 1) Provide areas for commercial activities that meet the small retail shopping and service needs of the community; and 2) Accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials. PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- DOC. INDEX # 21 .- • 14 • •. - .� 67 Uses characteristic of this district include small retail sales and service establishments. 9. Cornpatib;l>tv Defined: Pursuant to YMC § 15.02.020, "Compatibility" means the characteristics of different uses or developments that permit them to be located near each other in harmony with or without special mitigation measures. 10. Parkin Pursuant to YMC § 15.06.040, Table 6-1, a two family dwellings require four spaces per twofamily building (2 spaces per unit). Parking Construction and Maintenance: Pursuant to YMC § 15.06.110 - All off-street parking lots, driveways, travel ways, parking aisles, vehicle storage, and vehicle sales lots having a capacity of three or more vehicles shall be constructed in the following manner: 1) Surfacing. Paved with two-inch-thick asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to the administrative official, so as to eliminate dust or mud. Pervious asphalt or concrete materials are encouraged. 2) Grading and Drainage. Graded and drained so all surface water is disposed of on site. Grading and drainage facilities shall be designed according to accepted engineering standards and the Eastern Washington Stormwater Manual, which will require review by the city engineer or a designee. 3) Border Barricades. Any parking, vehicle storage, or motor vehicle sales area abutting the street property line shall provide a concrete curb at least six inches in height and located at least two feet from the street property line. The curb shall be securely anchored. No curb shall be required across any driveway or entrance to the parking area, or if the parking lot is separated from the street by a fence or hedge. 4) Markings. All parking spaces (except motor vehicles sales areas) shall be marked by durable painted lines at least four inches wide and extending the length of the stall or by curbs or other means approved by the administrative official to indicate individual parking stalls. Signs or markers located on the parking lot surface shall be used as necessary to ensure safe and efficient use of the parking lot. In addition, when required, all accessible parking spaces shall be marked and signed in compliance with the currently adopted International Building Code. 11. Pursuant to YMC § 15.07.050, Table 7-1, Sitescreening Standard 'C' is required along the southern property line of the site. STANDARD C—A six- foot-high, view-obscuring fence, made of wood, masonry block, concrete, or slatted chain link material. A three-foot-wide planting strip landscaped with a combination of trees, shrubs and groundcover along the outside of the fence is also required when the fence is adjacent to a street, alley or pedestrian way. DOC, t -tF EX a PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- 21 - AC, I 15 68 12. Setbacks: Pursuant to YMC Ch. 15.05, Table 5-1, the required structure setbacks include (B-2 Zoning District): Front: 30 feet from centerline of right-of-way Rear: 0 from adjacent B-2 20 feet from the property line if abutting residential Side, Property: 0 from adjacent B-2 20 feet from the property line if abutting residential 13. Frontage lni rpyerner -;: the subject site is located along Tieton Ave. and South 90'Ave. additionally, the subdivision proposes to install three additional residential street as part of the proposed plat. Per City of Yakima subdivision standards (YMC § 14.30.010) full frontage improvements shall be installed along all new streets within the proposed Planned Development/Plat V. Development Services Team Review: A Development Services Team (DST) Review was conducted the week of July 20, 2021, for this development, the following comments were received: 1. Code Administration a. Prior to submittal of the final plat, names of the private streets shall be selected and provided to the Permit Project Coordinator in order to complete the assignment of addressing. The final plat must display these addresses. b. Pursuant to the 2018 City of Yakima amendments to the Washington State Fire Code, Sections 503.1 and 503.2, where dead ends exceed 150 feet, an area shall be provided for fire department apparatus turn arounds. If access through gates will be provided onto S 92nd Ave, approved gates and key boxes shall be provided, and approved driveways shall be installed where apparatus will be entering onto S 92nd Ave. 2. Engineering This project requires Title 8 and 12 improvements, including but not limited to the following: a. 8.67 and 12.05 — New curb, gutter and sidewalk, including associated pavement widening and storm drainage, shall be installed along S. 90th Ave. and S. 92nd Ave. Street improvements shall conform to standard detail R3, including private streets. New sidewalks shall be constructed per standard detail R5. b. 8.64 — Driveways to be constructed per this chapter and standard detail R4. c. 8.72 —An excavation and street break permit shall be obtained for all work within the public right of way. d. 12.02 —Easements will need to be established per this chapter. e. 12.06 — Street and right of way widths shall conform to this section unless otherwise approved. S. 90th Ave. and S. 92nd Ave. are both classified as residential, requiring a total of 50' of right of way. Both appear to be adequate. Private streets shall be constructed with curbs, sidewalks, and street lighting and shall otherwise conform to the standards for public streets. Private streets shall provide cul-de-sac/hammer head turnaround to accommodate emergency and refuse collection vehicles. DOC d'I. i'# PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- r.-,. • . 21 • F.-• 1 16 69 f. 12.06.050 Cul-de-sac streets —S. 90th Ave - Cul-de-sacs shall be constructed within a street right-of-way eighty feet in diameter and have an improved diameter of sixty-five feet. The maximum length of a cul-de-sac street shall be six hundred feet measured along the street centerline from the nearest through street intersection to the center of the cul-de-sac. g. 12.06.080 - Street lighting -At minimum, one street light shall be installed midblock where the street exceeds five hundred feet in total length. Street lighting shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. h. YMC 14.05.200 / 14.20.130 —All frontage improvements shall be completed prior to long plat approval. At the discretion of the City Engineer, the owner may bond for required frontage improvements. Bonding shall be executed and recorded prior to or as part of approval of the long plat. Civil engineering plans for public improvements shall be approved prior to bonding for public improvements. All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. 3. Stormwater As this project involves clearing or grading one acre or more, a Large Project Stormwater Permit shall be required from the applicant. The requirements of a Large Project Stormwater Permit are: • Drainage plan(s) and calculations • Stormwater maintenance agreement and plan • Proof that the maintenance agreement was recorded in the Yakima County Auditor's Office • Construction Stormwater Pollution Prevention Plan (SWPPP) or Erosivity Waiver. The Construction SWPPP (or Erosivity Waiver Certificate Statement) shall be reviewed and approved by the Surface Water Engineer prior to any grading or construction. A Temporary Erosion and Sediment Control (TESC) plan shall be submitted for approval. • In lieu of turning in a Construction Stormwater Pollution Prevention Plan, the applicant can satisfy this requirement by obtaining a Construction Stormwater General Permit through the Washington State Department of Ecology. A copy of the signed General Permit shall be delivered to the Surface Water Engineer. • A narrative explaining how Core Elements 1-8 are being satisfied. • An operation and maintenance plan for the perpetual maintenance of the facilities is now required. Grading and/or building permits shall not be issued without the project site first passing an erosion control inspection. 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. �;.. ; PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- 21 17 70 UIC Registration - Stormwater In accordance with the August 2019 edition of the Department of Ecology's Stormwater Management Manual for Eastern Washington (SMMEW), 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) 60 days prior to construction. UIC wells that receive polluted runoff shall retain the larger of the 100-year 3-hour and 100-year 24-hour storms and shall be designed for treatment using Table 5.23 of the SMMEW. 4. Sewer a. Sewer is available for site in S 90th Ave. Sewer service to site to be reviewed and approved on associated ENG permit. 5. Nob Hill Water a. Owner will need to contact nob hill water for cost estimate for new development. Finalized engineered plans will be required to design and produce cost estimate. V. FINDINGS: A. Planned Development: Pursuant to YMC § 15.28.040(D), The hearing examiner shall evaluate a master planned development application and other evidence submitted into the record; and shall issue such recommendation based upon the following considerations and criteria (City staff response in italics): a. The master planned development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. i. The proposed action is to create additional housing units within the City of Yakima. The density and housing proposed is similar to housing founding less 1000 feet from the subject site. Per the City of Yakima Housing Action Plan (Adopted June 2021) the City will need approximately 5,517 new dwelling units to meet projected growth needs of the City. The proposed Master Plan will help the City meet that goal, and provide an increased variety of housing to the City. b. 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. i. Primary access to and from the site will be via 90th Ave. to Tieton Ave. The applicant has proposed limited access onto 92nd Ave. and has proposed to install emergency access gates to access the internal private streets, if the applicant wished to maintain this configuration, improved driveways through the gates shall be installed, removing the possibility any emergency vehicle from driving across and unimproved surface. If the applicant does not wish to install an improved driveway through the emergency PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- DGC, u r;EX 21 ., 18 5 71 gates, an approved fire apparatus turnaround shall be installed at the end of the private streets. ii. Additionally, the applicant has not proposed to install frontage improvements along 92"d Ave., or within the internal private streets. If 92' becomes a primary access for the site, or if the internal private streets become public, frontage improvements, including curb, gutter, and sidewalks shall be installed along the internal streets and along 92"d Ave. c. Consideration shall be given to "low impact development" concepts. i. The proposed development is for duplex housing, which will hav a minimal impact on the surrounding neighborhoods. d. There will be adequate infrastructure capacity available by the time each phase of development is completed. i. The applicant has proposed to install street, and bring public facilities to each of the subject lots. Adequate infrastructure will be in place prior to the first issuance of a Certificate of Occupancy e. 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 or techniques. i. To avoid additional driveway impact onto Tieton Ave., proposed lots 1-4 shall have access onto Tieton Dr. through the internal plat street network only, and no lot may have direct access to Tieton Ave. ii. Sitescreening Standard 'C' shall be installed along the northern property line of lots 1-4, to help minimize any impact from traffic along Tieton Dr. iii. Additional vegetative buffering is encourage along lots 1-4, but not required at this time. f. All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical. i. All off-site impacts have been addressed, and there are no other concerns from the City at this time. g. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project. i. The subject development will be constructed in a way similar to a traditional single family neighborhood, giving duplexes a traditional amount of yard space. ii. Traffic will flow in and out of the neighborhood via 90th Ave. to Tieton Dr. iii. Additionally, several schools and parks are within 2 miles of the subject site. h. The proposed development is not adverse to the public health, safety, or welfare. i. The proposed development takes into account public health, safety, and welfare. Public facilities will be provided to each site, PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- 21 1"c:. �u+_ L px 19 72 and access to the site will be improved, creating better access for emergency vehicles. The public benefits of approving the master planned development outweigh the effect of modification of standards to the underlying zoning district. i. The City is pinched for housing at this time, and the creation of a variety of housing types is a net positive, as long as the proper facilities and improvements are installed along with the housing. The requests made by the applicant are appropriate. The proposed development and the standards requested by the applicant are appropriate, and this project will be a positive action for the community by providing additional, and alternative housing choice to the residents, and potential residents of the City. j The proposed development is designed to be consistent with the provisions of the shoreline master program and critical areas ordinance of the appropriate jurisdiction. i. This section is not applicable to the development. B. This proposed planned development preliminary plat is approximately 5.43 acres in size and has been designed for duplex residences on individual lots, with associate frontage improvements. C. The project is occurring one phase and thus the density calculation is based upon a single action of dividing 5.43 acres in to 20 residential lots. The density calculations are listed below: a. Density for the proposed development as a whole b. 40 dwelling units /4.8 acres (acreage with streets removed) c. = -8.3 Dwelling Units Per Net Residential Acre D. The preliminarily platted rights-of-way are proposed as private streets with emergency access gates. E. Full street improvements will be required for all preliminary platted right-of-way F. Parking: 4 parking are spaces for each two-family building G. Lot Coverage: Lot coverage is proposed as approximately 60 percent per lot, complying with the standard of 80 percent allowed in the B-2 zoning district. H. Setbacks: The setbacks of the proposed request meet the standards of the zoning district. I. SitesGreeninq: Sitescreening standard 'C' shall be installed along the southern property line of the site prior to an issuance of occupancy for any of the proposed buildings. J. Public Facilities.,City of Yakima sewer and Nob Hill water are available or capable of being extended. The property is accessed from Tieton Ave. which is a minor arterial street. K. Subdivision Ordinance DOC, I °.fEX# PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- 1 ', 21 ^" 20 73 As proposed, and with the recommended conditions, this preliminary plat meets all the design requirements of YMC Ch. 14.25 of the City's subdivision ordinance and the development standards of YMC Title 12. The recommended conditions are tended to ensure consistency with the provisions of the City's subdivision 2. ^finance and that appropriate provisions are provided for the following: a. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; b. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; c. The proposed subdivision must be consistent with the provisions of this title; and d. As required by RCW Chapter 58.17, the proposed subdivision must make appropriate provisions for: i. Public health, safety, welfare: The construction of two-family dwellings will complement adjacent uses will promote the public health, safety and general welfare insofar as there is a need in this community for additional housing and insofar as this proposed preliminary plat would be required to comply with all applicable City development standards, and all conditions of approval specified by the City of Yakima Planning Commission. ii. Open spaces: The proposed lots are larger than minimum sizes required in the B-2 zoning district. Lot coverage of 60% or less in the B-2 zoning district will provide adequate light and air for future residents in accordance with the standards in the zoning ordinance without additional open spaces. iii. Drainage systems: Drainage system facilities will be provided in accordance with state and local regulations including the City of Yakima Municipal Code and the eastern Washington Storm Water Manual. iv. Streets, alleys, and other public ways: The subject property has frontage upon Tieton Ave., designated as a Minor Arterial street which requires 80-feet of right-of-way. New interior streets will be designated as private streets, requiring 50-feet of right-of- way. v. Transit Stops: Yakima Transit Route 1 is accessible at the corner of Tieton and 90th Avenues, directly adjacent the site. vi. Water supplies: Public water is required to be used for domestic and fire flow purposes. An adequate water supply for this development is available from Nob Hill Water Company. vii. Sanitary waste disposal: Public sewer is required to service all lots. City of Yakima sewer mains are within S. 90th Ave. and are capable of being extended to handle the demands of this development. viii. Parks and playgrounds: Open space, parks, recreation, and playgrounds are located approximately within 1.5 miles of this PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010 DOC. 1 21 _�:... 21 74 subdivision due to the proximity of West Valley Park. The proposed preliminary plat is not located in a planned parks and recreation area. Provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number and location of the proposed lots and provisions for playgrounds exist at the schools which children within the proposed preliminary plat would be attending, and could also be individually provided on the lots themselves which are of a size which would allow for playground areas as needed or desired. ix. Sites for schools: West Valley High School and 9th Grade School are located approximately within 1.5 miles, and Cottonwood Elementary is located approximately within .7 miles of this subdivision. x. Sidewalks: Sidewalks are required and will be provided along this developments frontage along 90th Ave, and sidewalks will not be installed along the interior of the private streets in the development. Based upon standards above, a finding that the public use and interest will be served by the approval of this subdivision: This proposed 20-lot residential subdivision is consistent with neighboring land uses and better serves the needs of the City of Yakima than the undeveloped status of the property. L. Transportation Concurirermv This application was reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance on July 26, 2021. The proposed 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. M. Time Limitation Upon preliminary plat approval the applicant has five years from the date of preliminary approval to submit the final plat. Thereafter, 30 days prior to the expiration of preliminary approval the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year (YMC § 14.20.160 YMC). Before the final plat can be recorded all required infrastructure must be engineered, completed and inspected or engineered and financially secured and receive final plat approval from the City Council. N. Per Plat 02949301, recorded February 6, 1992 —A Note on the Plat states "The owner shown hereon, their grantees and assignees in interest, hereby covenant and agree to properly abandon and/or remove the well & garage located within the 30 foot right-of-way along the east at such time as further division and/or development of the property triggers the requirement for road improvements within said right-of- way. a. Prior to installation of right-of-way, the conditions of the 1992 plat note shall be satisfied and verified by the City of Yakima. DOC4 D-z:'t ifi PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- 21 ._ " 22 75 O. There is an existing rezone with an Ordinance (Ordinance 14-2004) for the property that was recoded on January 10, 2005. There are several items within the Ordinance conditioning future development of the subject property. Under Section VI. General Provisions, Number 2, the ordinance specifically states "The governmental entity with land use jurisdiction over said property may enforce the requirements of this agreement". The applicant specifically mentioned conditions within the Ordinance in their narrative. Per the Ordinance, the applicant may discuss any deviation from the specifically outlined conditions, and propose any development based upon the City of Yakima Municipal Code Standards. VI. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to issue a recommendation and decision on this application to the City Council. 2. The proposed Master Planned Development is consistent with the goals and policies of the Yakima Comprehensive Plan 2040. 3. The applicant shall enter into a Development Agreement with the City of Yakima, ensuring all policies and conditions of the proposed development are met. 4. This Preliminary Plat complies with the general requirements for subdivision approval as specified by YMC Ch. 14.20 and Ch. 15.05. 5. The proposed subdivision meets the density standards of the B-2 zoning district having 8.3 dwelling units per net residential acre 6. The proposed Preliminary Long Plat has primary access via Tieton Ave. and new interior local access streets. 7. Affected streets have sufficient capacity for this proposal 8. This proposed plat serves the public use and interest and provides for the possibility of creating new additional housing within the City of Yakima. 9. This preliminary subdivision complies with the goals and objectives of the 2040 Comprehensive Plan, the intent and purpose of the B-2 zoning district, the provisions of the Urban Area Zoning Ordinance, Subdivision Ordinance, Title 12 Development Standards and Chapter 12.08 the Traffic Concurrency Ordinance. 10. During project review it has been found that this request is in compliance with YMC §16.06.020 (B) for making a Determination of Consistency as follows: a. The proposed use is permitted within the R-1 zoning district. b. The proposed development is consistent with densities deemed appropriate for the R-1 zoning district by the Yakima Municipal Code, and is similar to densities of surrounding subdivisions. c. This proposal is consistent with existing development regulations for this location. 11. The proposed plat complies with the provisions of RCW 58.17.110 and YMC 14.20.100, providing appropriately for: the public health, safety, and general welfare, open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010- OCR 1 , , F 23 r 76 grounds, sidewalks and other planning features that assure safe walking conditions for citizen of the neighborhood. 12. SEPA review resulted in the issuance of a DNS on July 30, 2021. The appeal period for this determination ended on August 10, 2021. No appeal was filed. 13. No adverse impacts have been identified from granting this approval that cannot be mitigated at the time of future development. 14. Public notice for this hearing was provided in accordance with zoning ordinance requirements. VII.RECOMMENDATION: The Planning Division recommends that the Planned Development and 20-lot subdivision known as "Upper Valley Estates" be approved subject to the following conditions: 1. The applicant shall enter into a development agreement with the City of Yakima 2. The applicant shall submit and gain approval of civil engineered plans which provide for design of all Title 12 development standards, including but not limited to curb, gutter, sidewalk, street lighting, stormwater, and street design. 3. Prior to approval of the final plat, all approved improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12. 4. Driveway requirement from Glenn's comment 5. All lots shall be served with public water from the Nob Hill Water Company. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Planning Division indicating that all construction required to provide each lot with domestic water has been completed and the fees paid. 6. All lots shall be provided with public sewer service according to YMC Title 12 standards. Prior to final plat approval, written verification from the City of Yakima Engineering Department must be provided to the Planning Division indicating that all sewer extensions have been completed and inspected or financially secured. 7. A minimum 8-foot wide public utility easement must be provided adjacent to all public road rights-of-way. 8. Easements for new and/or future utilities shall be a minimum of 16-feet in width, provided that the width of easements for buried utilities will be twice the depth of the planned excavation. 9. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010 • — 21 _ •air.., 24 77 10. All public and private utilities to be located within public road rights-of-way must be constructed prior to the start of road construction. 11. Fire hydrants shall be placed at the locations specified by the Building Codes and Planning Division and the Yakima Fire Department. All lots must be provided with adequate fire flow. 12. 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." 13. All permits required by the Yakima Regional Clean Air Authority shall be obtained and a copy provided to the City of Yakima Code Administration prior to commencement of site preparation. The developer shall designate during working hours a responsible party to serve as contact for suspected air quality violations. 14. NPDES Permit and a Stormwater Pollution Prevention Plan shall be prepared and submitted to the City. 15. The Note of the 1992 plat shall be competed and verified by the City of Yakima. 16. All addresses shall be as specified in Exhibit "A" of this report. All addresses must be clearly shown on the face of the final plat as required by RCW 58.17.280. 17. This plat shall be subject to the following notes, which must be placed on the face of the plat: a. 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. b. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on-site. 18. Irrigation approval, for the Ahtanum Irrigation District, shall be shown on the face of the final plat. 19. A cultural Resources Survey shall be conducted on the subject site, if the applicant does not wish to have a cultural resources survey conducted on the site, an Inadvertent Discovery Plan (IDP) shall be prepared by the applicant, and a copy of the IDP shall be submitted to the City. 20. All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety. 21. Upon preliminary plat approval, the applicant has five years to submit the final plat. Thereafter, 30 days prior to the expiration of said approval the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year. DOG.tlk°DEX# PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#010 • - 21 - 25 78 GREG & ADELE BAINTER P D#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST CHAPTER B Maps B-1 Maps: Vicinity, Zoning, Future Land Use, and Aerial 04/21/2021 79 Project Name: GREG&ADELE BAINTER matt arm% Site Address: 502 S 90TH AVE "_ File Number(s): PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 Panning Proposal: Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots (total of 40 residential units)with internal access by private streets, located in the B-2 zoning district. ó VICINITY MAP [IL[UN GR TIETCN L1R elf -11:7"/ U- .T in SITE I� Map Disclaimer: Information shown on this map is for planning and illustration purposes only.The City of Yakima assumes no liability for any errors,omissions, or inaccuracies in the information provided or for any I 11.5 action taken,or action not taken by the user in reliance upon any maps or information provided herein. 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I_ RlOs 11 x 3f ]AV01 6Hll1D5 `�` I� �� � F —— B=V ni 40i ILs�:. s 42$V '4' I .1 85 G R I .G & ADELE BAINTER Pi}#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST CHAPTER I) DST Review imio)oci - - vocti,nENT - DATE D-1 DST Request for Comments 07/20/2021 D-2 Agency Comments 07/20/2021 86 GREG & ADELE BAINTER PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 DST COMMENTS Name Comment Date Glenn Denman—Code See Attached. 09/01/2021 Administration Division Lisa Maxey—Code Prior to submittal of the final plat, names of 05/28/2021 Administration Division the private streets shall be selected and provided to the Permit Project Coordinator in order to complete the assignment of addressing. The final plat must display these addresses. Mike Shane—Water/Irrigation See Attached 07/07/2021 Division Kirsten McPherson—Nob Hill Owner will need to contact Nob Hill Water 05/05/2021 Water for cost estimate for new developement. Finalized engineered plans will be required to design and produce cost estimate. Dana Kallevig—Wastewater Sewer is available for site in S 90th Ave. 07/26/2021 Division Sewer service to site to be reviewed and approved on associated ENG permit. • DCC, INDEX ft 87 r. • !.' COMMUNITY DEVELOPMENT DEPARTMENT `� Code Administration Division 1VL.,... 0, �i ' f 1291Vortll.Second Street 2nd Floor Yakima, Washington 98901 ''' Phone(509) 575-6126 • Fax(509) 576-6576 Rcodes@yakimawa.gov • www.buildin akima.com September 1, 2021 Trevor Martin City of Yakima Planning Division 129 N 2nd St. Yakima, WA 98901 From: Glenn Denman, Building Official Re: DST Comments: PD#002-21, 502 S 90th Ave Pursuant to Chapter 10 of the Yakima Municipal Code (Washington State Fire Code amendments 503.1 and 503.2), all dead end roads in excess of 150 feet in length shall be provided with an approved area for turning around fire department apparatus. These findings are not intended to be an exhaustive review of this proposal. Dec. !Nap(:4 b_z Yakima aFpTl•� lqir 2015 1994 88 DATE: July 7,2021 TO: Trevor Martin,Associate Planner FROM: Mike Shane,Water/Irrigation Engineer RE: 502 S. 90'Ave. -PD#002-21/PLP#002-21—(Parcel#18133021433) GREG & ADELE BAINTER Project Description—Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots (total of 40 residential units)with internal access by private streets,located in the B-2 zoning district. This project requires Title 8 and Title 12 improvements,including but not limited to the following: 8.67 and 12.05—New curb,gutter and sidewalk,including associated pavement widening and storm drainage,shall be installed along S.90'Ave. and S. 92"d Ave. Street improvements shall conform to standard detail R3,including private streets. New sidewalks shall be constructed per standard detail R5. 8.64—Driveways to be constructed per this chapter and standard detail R4. 8.72—An excavation and street break permit shall be obtained for all work within the public right of way. 12.02—Easements will need to be established per this chapter. 12.06—Street and right of way widths shall conform to this section unless otherwise approved. S. 90'Ave.and S. 92"d Ave. are both classified as residential,requiring a total of 50' of right of way. Both appear to be adequate. Private streets shall be constructed with curbs,sidewalks,and street lighting and shall otherwise conform to the standards for public streets.Private streets shall provide cul-de-sac/hammer head turnaround to accommodate emergency and refuse collection vehicles. 12.06.050 Cul-de-sac streets—S. 90'Ave- Cul-de-sacs shall be constructed within a street right-of- way eighty feet in diameter and have an improved diameter of sixty-five feet.The maximum length of a cul-de-sac street shall be six hundred feet measured along the street centerline from the nearest through street intersection to the center of the cul-de-sac. 12.06.080- Street lighting-At minimum,one street light shall be installed midblock where the street exceeds five hundred feet in total length. Street lighting shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. YMC 14.05.200/14.20.130—All frontage improvements shall be completed prior to long plat approval. At the discretion of the City Engineer,the owner may bond for required frontage improvements. Bonding shall be executed and recorded prior to or as part of approval of the long plat. Civil engineering plans for public improvements shall be approved prior to bonding for public improvements. All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. CCC. l .r _EX 89 Awa'"*%WV City of Yakima Development Services Team '■. Request For Comments PCITY c-;J rr.h.:r.a,: arming July 15, 2021 To: _ City of Yakima Development Services Team From: Trevor Martin, Associate Planner Subject: Request for Comments Applicant: PLSA Engineering and Surveying File Number: PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008- Location: 502 S 90TH AVE Parcel Number(s): 18133021433 DST MEETING DATE: 7/20/2021 Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots(total of 40 residential units)with internal access by private streets, located in the B-2 zoning district. 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 July 20. 2021 at 2:00 p.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is trevor.martin@yakimawa.gov and the Planning Department's fax number is (509) 575- 6105. Should you have any questions, or require additional information, please call me at(509)575-6162. Contact Person Department/Agency DOC Mir) 90 GREG & ADELE RAINTE R P I l#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST C I I APTER E A )1icitions DATE E-1 Project Applications 04/19/2021 r _ PrCEIVED 91 aPR 2021 1 CITY OF YAKIMA COMMUNITY DEVELOPMENT I fl ii °INN. LAND)USE.APPLICATION ,`` ''"5:zr,, CITY OF VAllaMA,DEPARTMENT OF C:OI\111IUNI fl 1)1{vELoPMEN't' Planning i?.I NORTH SECOND STREET,2ND T'LOO.li,1'e\iSlA7A,11'A 98901 Pfi01VE: (599)a7S-6183 Eh1AILr uslt.planningaynkImawn.gov INSTRUCTIONS—PLEASE REAL)FIRST 'Please inn,or Itrhd our answers elonrt Mswer all questions completely. If have anytlhustions about this firm or the appliention process,please ask a Planner, Remm�tbcr to' bring all necessary attachments and the required filing fee when the application is submitted, The Planning Division cannot accept on application unless it is complete attd the filing The paid.Piling ices ore not refundable. This npplicnlioa consists o1ibur pto is.PART 1-CiRNERAL INFORMATION AN!)PART IV—Ci%R'l1FICA'J'1ON are out this page.PAR'] II and III c: ideian addition!information r,nci fie to our no esal and MUST be nthlched to Ihisme to cent Clete Ihr 1 Tlientien.. PART I—GENERAL,IN1'ORMATfON Name; DLT Construction, LLC I.Al./Wit:ones Information; Mailing Address: PO Box268 City:_ Wapato sl: WA zip: 98951 l.Pholle:k )961-6610 I"s-tMaii: Applicant's Interest in Property: Check Ono: ❑Owner 0Agent Purchaser ❑Other___ _ _Name: Grvrl &Adele Balmer 3,Properly Owner's " lvinilin Address', �� information (If other g 9004 Tietl211 Drive than Applicant): City: Yakima se WA Eel98908 phone: )965-4162 r P.-Mail: 41.Subject Property's Assessor's Parcel Nuuiber(s):181330-21433 11 5.Legal Description o1Property.(if lengthy,please attach it on a separate duemncni) _ f_l�gt ilI•rllnary_pki_ _ G.Properly Address: 502 S. 90th Ave 1 7.Property's Exiting To»ing: ❑51t a1Z-1 R-2 R-3 E li-1 Ili U-2 nun ❑sec ❑LCC Q op 0 GC ❑AS ❑RD ❑M-I ❑M-2 R.Type OlApplicnlion:(Cheek Ali Thal Apply) lig Pinned De'etcpmcid IN Development Agreement [l Adotin.Adjustment ❑ Binding Site Plan ❑ 1 ype(I)Review 1J Type(2)Review ❑ Type(3)Review ❑ Lonlprehent ive Plan Map or'rc ci Auunthttent Critical Arens Review Easement Release tintiirotanenrnl C Iwckli&1 , ❑ ❑ pm (SEPA Review) ❑ final l.onS 1 lit ❑ Final Mori Plat t.^t intcr)Zretntlon by liming , ❑ ❑ Lang Plat Alteration ❑ 4lndificntiou + I':xnnrbter ❑ Non•Confornrinl' Overlay District Preliminary long Plat } UseiStrucutre ❑ Yl [] Preliminary Plat ❑ Rezone ❑ Right•or-way Vacation ❑ Shoreline ❑ Short Plat Amendment ❑ Short Plan Exemption laj Ttnuspunnaian l'ancnracncy . ❑ Variance [] Other: PART 11—SUI'I'LEMLN'1'AI,APPLICATION.0 PART 111'Itl?91.1111ED A'J"1'Af:11h7isi1^I'$ SEE ATI'ACl f f.I)SI llir:l;S —1 PART'Y--CErt'I'IF ICATIOt1 err I.that the ulorata on this riltplleatiea attt'the required Attachments are true and correct to Inc host or my knowledge. • Properly Owner's Signature l)utt Applicant's Signature Ptp zhnl — 1+it.i?rA1'Pl,ICA'1'[UI1(S)Ir ODA 21 ` . #o1A—a/ s�A4-ore-2/ 7zo#-00$-2/ DATE FIs.E,PAID: RECEIVED.11-1.1': AhloliN 'PAIA: rw1 NO: Revised 4l20I9 Page 13 I D0c,•INDEX 92 Supplemental Application For: .triii PLANNED DEVELOPMENT 111116, YAKIMA MUNICIPAL P ci pining P15,RTrXY 'IYAX�ItA'ICIV (79ie'follaivfr g Infarmatiuir} use 1. What land uses are proposed? See Narrative 2. Will the land be subdivided? If so,what type of subdivision?(Long Plat,Short Plat,Binding Site Plan,etc) See Narrative 3. How does the proposed Planned l)evelopnuennt allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? RECEIVED See Narrative APR 1'9 2021 r CITY OF YAKIMA COMMUNITY DEVELOPMENT 4. Describe how the proposed Planned Development facilitates the efficient use of the land. See Narrative • • 5. Describe how the proposed Planned Development increases economic feasibility.(i.e.fostering efficient arrangement of land use,buildings,transportation systems,open space,and utilities) See Narrative { 6. How does the proposed Planned Development preserve or enhance natural amenities,features,shorelines and critical areas in the development of the site? See Narrative Revised 4/2019 Page i 5 DOC. t T) 93 7. Identify environmental impacts and appropriate mitigation measures. RECEIVED See Narrative tr- 'APR 1 9 2021 CM OF YAKIMA comMUNiT?(.DEVELCfIltiLd,111- 8. How does the proposed Planned Development encourage environmentally sustainable development? See Narrative 9. What services and facilities are available to serve the subject property? Are those services adequate? See Narrative 10.Will the proposed development promote economic development,job creation,diversification,or affordable housing? See Narrative 11.How does the proposed development create vibrant mixed-use neighborhoods,with a balance of housing,employment, commercial,and recreational opportunities? See Narrative 12.How is the proposed development consistent with goals,policies,and objectives of the Yakima Urban Area Comprehensive Plan? See Narrative Revised 4/2019 Page 16 DOC. INDEX 94 13.How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? See Narrative RECEIVED 4 `APR 19 2021 f CuTY OF YAK MA COMMUNa DEvELOPRIEUT 14,Does the proposed Planned Development promote a sound system for traffic and pedestrian circulation?Describe. See Narrative 15.How does the proposed Planned Development promote open space and use of natural and/or developed amenities? See Narrative 16.Will the proposed Planned Development provide an architecturally attractive,durable,and energy efficient development? See Narrative 17.PIease provide a summary of all previous known land use decisions affecting the applicant's property and all outstanding conditions of approval with respect to such prior land use decisions. See Narrative Revised 4/2019 Page 17 dpI 'F 1 95 18.Any other development standards proposed to be modified from the underlying zoning districts requirements. See Narrative RECEIVED APR 1'9 2021 CITY OF YA;aA 19.What are the aesthetic considerations related to buildingbulk,architectural com�rtafar "f'�ig� ate e,urban design, solar access and shadow impacts. See Narrative 20.Please provide an inventory of any on-site cultural,historic,and/or archaeological resources. See Narrative Note:if you have any questions about this process,please contact us City of Yakima,Planning Division, 129 N.2nd St., Yakima,WA or 575-6183 Revised 4/2019 Page J 8 96 RECEIVED `APR 1 0 2021 CITY Of YAKIMA COMMUNITY DEVELOPME 4T 11A0.,� Supplemental Application Fortdia's rev i " PLANNED DEVELOPMENT YAKIMA MUNICIPAL CODE CHAPTER'15.28 P ai1n111g PART II-APPLtCA'[ION INFORMATION 1, PROP13RTY OWNERS(attach if long):List all parties and financial fnstitulions having an interest in'Improperly. Greg &Adele Sainter 2. SURVEYOR AND/OR CONTACT PIERSON WI"I'J I THRlli CONTACT INFORMATION: PLSA Engineering & Surveying Contact: Thomas R. Durant 575_6090 521 N.20th Ave, Suite 3 Surveyor: Rick Wehr 3. NAME OF PLANNED DEVELOPMENT: 90th &Ti.eton �4.-7.ONING Orr SUI3JI.Cf'PROP.IERTY:(check all that t}iply) _. _ SIt D k-I ❑R-2 D It-3 D B-1 J n-F D fin D scc D LCc D slur) D ac ❑As D RD D M-1 D 1a1-2 S. SITE FEATURES: A,General Description: D Flat lzi Gentle Slopes 0 Steepened Slopes 13,Describe any indication aal::w.n:is associated with unstable soils in the area,i.e.slides or slipping: C.Is the property in a I00-Year Flondplain or other critical area as hopped by any local,state,or national maps or as defined by the Washington State Growth Management Act or the Yakima Municipal.Code'! ' No 6. UTILITY AND SE.RVICLS:(Check all that are available) j Electricity 23 Telc hone Nxturnt Gas D.Sewer 1$1 Cable_�_'V( 1 Water.Nob Hill .($}Irrigation Yakima Valley _ 7, OTi:IER 1NPOIiMAT1ON: A. Distance to Closest Fire Hydrant: 8.5 to 700 feet B. Distance to Nearest School(and name of school): Cottonwood Elementary, approx, 3/4 mile C. Distance to Nearest Park(and name of park): West Valley Community, approx. 1 1/2 mile D. Method of'Handling Storntwater Drainage: On-site retentlort E. Type of Planned Development: ®Residential ❑Commerarai D lndustria l CI Mixed Use PART III-REQUIRED ATTACHMENTS. I. PRLL.IMJNARY PLAT/SITE PLAN REQUIRED(please use the attached City of Yakima Plat/Site Phut Checklist) 2. TITLE RIWORT(disclosing n1l lien holsters and owners of record): a, TRAFFIC CONCURRI:NCY(if required,see YMC Cr.12.08,'rranic Capacity Test): 4. I3NVIRONNIENTAL CHECKLIST S. NAR.RATIVC Waded) ...... 6. DRAFT DEVELOPMENT AGREEMENT: (whlclr,ylwll laclude: Nrrrratli+e Description of Project and Objectives: Sammy of'Develapmenl.Standards;Site Plan Elements; Development Phasing, including tunes of perfomrn ee to I preserve vesting(YAIC.13:28.O70j;Public.Meeting Summaries;Perfornrwwc Standards and Conditions addressing the items above,Cdteria for Determining Major vs.Minor Modylcations and amendments;and,Signanwes!vettela myna of properly within the Master Development Plan area aeknorr'/edging that all otvuer's trill agree to be bornul by conditions of approval, including use, design and layout, and development standards contained within the approved Plan and Development Agreement.) [hereby authorlve the mail-lard of the planned development applicntiun to the City of Ynkinta rat review,I cuulcrstend aunt ctutditiorts of approval such as dedication of right-of-way, easements, restrictions on the type of buildings that may be constructed,and access restrictions front public roads may be imposed as a part of approval and that failure to meet these conditions may result In denial� of the development. m/� % 7 —2f — art/V(/ —_— V L -a G -A i Property Owner Signature(required) Date Revised 4/2019 Page 14 l�OC. 1 , RL �.:'Q� • � 1 97 ." RECEIVED -f^ APR I 2021 CITY OF YA I140 ir Written Narrative— Part IV COMMUN1T�s' `IN Introduction Proposed is a 20-lot duplex subdivision served by three private streets that extend across the site but gated at 92nd Avenue for emergency access only. Regular access to the development is to be from S. 90th Avenue.The master planned development application is being used to provide for internal access by private streets as proposed and that do not meet all City private street standards. 1. What land uses are proposed? The subdivision is proposed for a total of 40 duplex residential units. The application is being made as a Residential planned development under YMC 15.28.020(A)(1), listed as permitted in the R-1 zone.Two family residential (duplexes) is a permitted use in residential planned developments (YMC 15.28.020(B)(1)(a)). 2. Will the land be subdivided? If so,what type of subdivision? (Long Plat,Short Plat, Binding Site Plan, etc.) The 20 individual lots are to be created by regular subdivision (long plat). 3. How does the proposed Planned Development allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? Duplexes are a Class 2 land use (usually permitted) in the B-2 zoning district. Proposed lot sizes, lot widths and setbacks exceed the minimum zoning standards of the B-2 zone and generally conform to or exceed the more restrictive standards of the R-2 zone. Revised street improvement standards are intended for narrower streets allowing more intimacy, larger yards and reduced impervious surfaces.The private streets will have low speeds and traffic levels with most parking off-street. Residential development of a portion of this commercially zoned area provides opportunities for mixed use and would provide for a transition from lower density R-1 zoned properties north and directly south of the site to the mostly undeveloped commercially zoned property to the east.The proposal is consistent in use and allowable density with (mostly undeveloped) R-3 zoned property to the west. Limiting all but emergency access to S. 90th Avenue reduces potential traffic impacts on S. 92nd Avenue, a 1 13' C. f: 98 private street in an unimproved right-of-way that at present serves a small number of single- family homes. 4. Describe how the proposed Planned Development facilitates the efficient use of the land. Narrower streets allow for larger residential lots and yards with setbacks that meet or exceed standards that would be required in the R-2 zoning district and are higher than the less strict standards of the B-2 zone. Limiting most access to one side of the development keeps the individual private streets from becoming through-streets and the associated impact that it would have on adjoining neighborhoods. 5. Describe how the proposed Planned Development increases economic feasibility(i.e., fostering efficient arrangement of land use, buildings,transportation systems, open space and utilities). The lot arrangement is an efficient use of the site given its shape and dimensions.The depth (north-south dimension) of the property results in larger lots in order to accommodate the private streets and building footprints. With the gated emergency access,there is no need to put in vehicle turnarounds or to use the additional land needed to construct them. Utility extensions provide for connection to all lots and facilitates further utility extension to properties to the west. No common open space is proposed because lot sizes are sufficient for private yards. 6. How does the proposed Planned Development preserve or enhance natural amenities, features, shorelines and critical areas in the development of the site? Critical areas, although nearby, are not on the proposed site, so there would be no impact on them.The site is gently sloping, with the slope increasing somewhat at the north end to Tieton Drive. Lot and building development generally follow the contours of the slope and larger rear yards are provided along the tier of lots at the north end of the site to provide for the steeper slope area and additional distance from Tieton Drive. 7. Identify environmental impacts and appropriate mitigation measures. SEPA review has not been completed and significant environmental impacts have not been identified. Some of the site considerations that are being made, based in part on meeting with the City Development Services Team, include providing frontage improvements on S. 90th Avenue, a road maintenance agreement for future lot owners, streetlights as directed by the City, fire hydrants within 600 feet of all lots. Limiting direct access to S. 90th Avenue, providing additional setbacks and yard areas than would be required by current zoning, and a low RECEIVED DCC. PrZ EX yft 2 APR 1 9 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT 99 residential density provides for additional mitigation and compatibility with surrounding land uses. 8. How does the proposed Planned Development encourage environmentally sustainable development? The project uses "low-impact development" concepts 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). Stormwater will be retained on-site and drainage and infiltration facilities provided.The proposal accommodates population growth within the urban growth area to the benefit of resource and sensitive lands farther out and to reduce sprawl. While the B-2 zoning district allows for 80 percent lot coverage,the lot coverage of these lots is around 60 percent including private streets in the calculation. Proposed density, lot coverage and large yards ensures that stormwater facilities are functional. 9. What services and facilities are available to serve the property?Are those services adequate? Available utilities include a recently constructed 8-inch sewer line in 90th Avenue that extends south to connect to a larger line in Midvale Avenue and 8-inch water lines extending south on both 90th and 92"d Avenues from a 12 inch main in Tieton Drive.There are two existing fire hydrants on Tieton Drive that should be able to provide the maximum of 600 feet from a hydrant to most of the lots in the development. Also available are electric power, cable television and telephone.The site is in the West Valley School District—Cottonwood Elementary School is about 3/4 mile away as measured along City streets—and is served by City fire, police and emergency services. 10.Will the proposed development promote economic development,job creation, diversification or affordable housing? With or without the Master Planned Development, the project provides economic development and construction jobs.The proposed housing adds to capacity currently needed in the community. 11. How does the proposed development create vibrant mixed-use neighborhoods, with a balance of housing,commercial, and recreational facilities? The proposal, along with neighboring properties, provide a mix of housing and commercial opportunities to this area. Many of the surrounding lands are undeveloped or partially RECEIVED 3 o^C. ' _EX K APR 19 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT 100 developed, but based on their zoning, a mix of single-family and moderate to high density residential development should be expected along Tieton Drive with a mix of commercial or possibly mixed-use development. Single-family residential development becomes more prevalent farther to the south and east with single-family homes immediately adjacent along 92nd Avenue and to the east on Tieton Drive. 12. How is the proposal consistent with goals, policies, and objectives of the Yakima Urban Area Comprehensive Plan? The proposal is consistent with the purpose of the Community Mixed-Use future land use designation to allow for a mixture of neighborhood scaled retail, commercial service, office, and high-density residential uses (Policy 2.2.3.A). While many of these land uses are not yet developed in this location, the zoning of undeveloped areas is consistent with the purpose statement.The mixture and density of retail, commercial service, office and high density residential depend on the area's context. Being in a transitional area nearer to residential neighborhoods suggests a mix with residential more prevalent.The proposed density of 4 to 5 dwelling units per acre (depending on how it is calculated) is lower than allowed maximums and results from the efficient development of this site.The zoning of mostly undeveloped areas nearby indicate a mixture of commercial and residential land uses at varying densities. Adequate public services can be provided (Policy 2.1.7). The proposal contributes to the provision of a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population (Policy 2.3.1). Duplexes are allowed in appropriate residential zones provided that density standards are met (Policy 2.3.1.E). Duplexes are also a permitted Class 2 uses in the B-2 zone. Pedestrian orientation is provided by the private access streets and minor local street with sidewalks connecting to Tieton Drive. Lot size and home design provide usable open space on each lot. The proposal helps to preserve and enhance nearby residential neighborhoods (Policy 2.3.2) by providing for relatively low density housing to transition from those neighborhoods to the other commercially zoned lands. The site location along Tieton Drive, served by public transit, is suitable for higher density residential development. The private residential streets are safe and walkable (Policy 2.3.3), tie into existing sidewalks on Tieton Drive with good connections and transit access. RECEIVED The proposal adds to the diversity of housing choices consistent with Goal 5.1. APR 1 9 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT 4 �,CC i' -:EX#1 101 The use of transitional densities to ensure compatibility is consistent with Policy 5.4.2. In this case the transition is from the single-family residential neighborhoods to the southwest along 92nd Avenue to the commercially zoned (but mostly undeveloped) areas on the east side of S. 90th Avenue. The mostly undeveloped areas directly to the west are zoned R-3, being compatible rather than transitional. The proposal provides for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population (Policy 2.3.1). Under Goal 2.7: "Resource protection and sustainable design. Reinforce and enhance Yakima's environmental stewardship" are policies to protect sensitive natural areas, restore graded natural areas, use functional low impact development features such as bio-swales. Under Goal 5.1: "Encourage diverse and affordable housing choices," are Policy 5.1.4 and 5.1.9 supporting the provision of housing options to increase affordable and market rate housing, diversity of housing to support a variety of households, dispersion of affordable housing throughout the City, convenient access to transit, a range of unit types, ownership housing when possible and long-term affordability. This proposal is consistent with many of these objectives particularly in terms of affordability, housing diversity and access to transit. 13. How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? Development of the project to the characteristics of the site. Modified, narrower streets provide additional lot area and reduced impervious surfaces. 14. Does the proposed Planned Development promote a sound system for traffic and pedestrian circulation? Describe. The small-scale private access streets will provide safe, low traffic routes for vehicles and pedestrians to public streets and access to transit on Tieton Drive. Sidewalks on both sides of Tieton Drive provide continuous access to Cottonwood School, existing commercial areas to the east and future commercial areas to the west and south. 15. How does the proposed Planned Development promote open space and use of natural and/or developed amenities? Proposed lots range in size from 9,902 to 14,491 square feet, compared to the minimum duplex lot size of 6,000 square feet.The larger lot size is due, in part to how the lots fit within the dimensions of the site and proposed and existing streets. However, it does provide for a lower residential density than could be allowed, if the smaller lot a were used. It also size I 5 DCC. .V.. • APR 1 9 2021 ` E CITY OF YAKIMA COMMUNITY DEVELOPMENT 102 provides for setbacks that meet or exceed the minimum standards of the R-2 zone rather than the smaller setbacks standards allowed in the B-2 zone. Distances from the building envelopes shown on the site plan from Tieton Drive ranging from 27 feet to 37 feet (measured from the property line, rather than centerline of the street) accommodate the steeper slope up to Tieton Drive and provide a larger buffer from residential units to the arterial street. 16.Will the proposed Planned Development provide an architecturally attractive, durable and energy efficient development? Residential buildings will be similar in appearance but varied to avoid a monotonous look and consistent with similar residential units in nearby subdivisions. Colors will be earthtones or otherwise muted rather than bold and bright.They will be designed to conform to current building codes and the Washington State Energy Code. All City setback, lot coverage, lot size and lot width standards are to be met, or as already described, exceeded on the residential lots. 17. Please provide a summary of all previously known land use decisions affecting the applicant's property and all outstanding conditions of approval with respect to such prior land use decisions. Previous land use decision applicable to the site include a short plat recorded in 1992 and rezoning to B-2 by Yakima County in 2004. A note on the 1992 short plat limited access from Lot 2 to S. 92nd Avenue. However, significant changes that have occurred since include: Lots 1 and 2 of that short subdivision have been combined to form the lot that is the subject of this application;Tieton Drive has been improved from a two-lane rural road to a four-lane arterial street with curbs, sidewalks and streetlights and South 90th Avenue has been partially improved.At the time the short plat was recorded, Lot 2, for which the access restriction was placed on the short plat, had frontage on 92nd Avenue but not on Tieton Drive.The combined lots now have frontage on all three streets. At the time the 1992 short plat was recorded, there was only a partial dedication of right-of-way for S. 90th Avenue. Since then, full right-of- way width has been dedicated, and the S. 90th Avenue intersection with Tieton Drive has been constructed including extension of curb and sidewalk and additional right-of-way dedicated. The 2004 rezone approval of this property included a condition that this restriction on access should be removed or waived once the construction of S. 90th Avenue has been completed. Every indication is that Yakima County, and since annexation,the City of Yakima, has intended access to this property from the improved intersection of S. 90th Avenue. A plat note on the 1992 short plat also required participation in a road maintenance association for S. 92nd Avenue while it remains a private road.There is no indication that this occurred, and it would be unnecessary with access to that street restricted as proposed. KtLL, 6 F Doc, I'7 EX Z APR 19 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT 103 A plat note on the 1992 short plat requires the abandonment and removal of a well and garage as necessary to facilitate road improvements of 90th Avenue.This is to be done when the street improvements are required. While it isn't clear if this note refers to existing improvements on the part of.the property that is the subject of this application,the existing buildings will be removed. Requirements from the 2004 rezone of this property to be imposed in conjunction with Type 2 or 3 Review have been met, will be met as they pertain to this part of the site by this project or do not pertain to this part of the site. a. S. 90th Avenue is to be constructed as a hard surfaced public street as required by the City of Yakima. b. No commercial access to S. 92nd Avenue or Tieton Drive results from this proposal. c. Sewer and water mains are in place and will be extended as necessary to serve the development as required by the City of Yakima and Nob Hill Water. d. A public utility easement has been dedicated from the south end of S. 90th Avenue through the property that was the subject of the 2005 rezone to Midvale Avenue. 18.Any other development standards proposed to be modified from the underlying zoning district requirements. Private roads are allowed in master planned development overlays by YMC 15.09.100, which requires the private road to be constructed to the minimum standards of the jurisdiction. The minimum standards are in Title 12 and the fire apparatus road standards required by YMC 15.05.055. Deviation from these standards are as follows: a Deviation from Title 12 standards for private roads (YMC 12.06.090) include easement width of 40 feet rather than 50 feet, pavement width of 25 feet rather than 30 feet, no sidewalks on the private road. No cul-de-sac or hammerhead turnaround on the bases that emergency access gates render them unnecessary for emergency vehicles and that refuse collection will take place on public street frontages. b. No improvement of 92nd Avenue is proposed based on its not being used for access to the development except for emergency vehicles. While YMC 12.05.010 requires sidewalk installation on new, improved, and reconstructed streets, it is required on the frontage of newly developed or redeveloped lots where feasible. Under YMC 15.05.020(J) a sidewalk is required if one exists within two hundred feet of the development on the same side of the street. Street lighting is to be provided as directed per YMC 12.06.080, so it is not a modified development standard. RECEIVED 7 On I8"-^..EX APR 1 9 2021 F CITY OF YAKIMA COMMUNITY DEVELOPMENT 104 19.What are the aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts. Residential buildings are designed to be architecturally similar to duplexes being constructed in Cottonwood Grove and other newer developments in the surrounding area. Setbacks, height and other bulk standards are either met or exceeded.There is no extraordinary light or glare. With proposed building height, wider than typical setbacks on external site boundaries and topographic characteristics of the site, no adverse solar access issues are expected. 20. Please provide an inventory of any on-site cultural, historic and/or archaeological resources. Review of public records available on-line from the Department of Archaeology and Historical Preservation showed no inventoried resources on the project site. There are two older homes shown as eligible for listing that are nearby, both on the north side of Tieton Drive. RECEIVED I_= APR 1 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT 8 105 SITE PLAN CHECKLIST The application shall include a concept site plan which includes the elements in this checklist.Please complete this checklist and include it with your site plan Check all boxes as: (✓or X)Included or(-)Not Applicable IXI Project boundaries ❑ Primary uses and ancillary uses El Existing and proposed structures ❑ Gross floor area of development ❑ Maximum building heights I Minimum building setbacks El Maximum lot coverage ❑ Any other development standards proposed to be modified from the underlying zoning district requirements The proposed circulation system of arterial and collector streets including,if known,the approximate ® general location of local streets,private streets, off-street parking,service and loading areas,and major points of access to public rights-of-way,with notations of proposed public or private ownership as appropriate ❑ The proposed location of new and/or expanded public and private utility infrastructure ❑ Sitescreening,landscaping and street trees A master planned development incorporating commercial or industrial facilities must provide a buffer or site design along the perimeter of the master planned development,which shall reasonably transition the El master planned development to any adjacent properties zoned or used for residential purposes.If automobile parking,driveways,or machinery operation are to be provided within one hundred feet of a master planned development boundary,sitescreening shall be provided in accordance with YMC 15.07.020 Aesthetic considerations related to building bulk,architectural compatibility,light and glare,urban design, ❑ solar access and shadow impacts 8 Site features as appropriate to mitigate traffic, environmental, geotechnical, and other impacts as identified in technical studies required by this chapter B Shoreline and critical areas where applicable Note:The 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. RECEIVED APR 1 9 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT Revised 4/2019 Page 19 Yl r 106 �w M s w►► Supplemental Application For: /WI "NA. TYPE (2) REVIEW 115. YAKIMA URBAN AREA ZONING ORDINANCE,CHAPTER 15.14 Panning PART II—LAND USE DESIGNATION AS LISTED ON TABLE 4-1 PERMITTED LAND USES 1.PROPOSED LAND USE TYPE:(See YMC § 15.04.030) Two-Family Dwelling(Duplex)(*) • PART III-ATTACHMENTS INFORMATION 2. SITE PLAN REQUIRED(Please use the City of Yakima Site Plan Checklist, attached) 3.TRAFFIC CONCURRENCY(if required,see YMC Ch. 12.08,Traffic Capacity Test) 4.ENVIRONMENTAL CHECKLIST(if required by the Washington State Environmental Policy Act) -PART IV-WRITTEN NARRATIVE:(Please submit a written response to the following questions) A.Fully describe the proposed development,including number of dwelling units and parking spaces.If the proposal is for a business,describe hours of operation,days per week and all other relevant information related the business. See Attached Narrative = RECEIVED rr B.How is the proposal compatible to neighboring properties? APR 1 Z0Z1 See Attached Narrative CITY OF YAKIMA COMMUNITY DEVELOPMENT C.What mitigation measures are proposed to promote compatibility? See Attached Narrative D.How is your proposal consistent with current zoning of your property? See Attached Narrative E.How is your proposal consistent with uses and zoning of neighboring properties? See Attached Narrative F.How is your proposal in the best interest of the community? See Attached Narrative {n,-,EX Revised 4/2019 Page 4 107 RECEIVED APR 1 ' �021 Written Narrative— Part IV: Type 2 Review CITY OF Y�4KrMq C ;,;���tiiVfTY DEVEL0PMENT A. Fully describe the proposed development including number of dwelling units and parking spaces. If the proposal is for a business, describe hours of operation, days per week, and all other relevant information related the business: This Type 2 review application is for the development of 20 duplexes in the B-2 zone. Off-street parking on each residential lot is to provide a minimum of two parking spaces per unit, or four spaces per lot for a total of at least 80 parking spaces. B. How is the proposal compatible to neighboring properties? Much of the surrounding areas are vacant or partially undeveloped with a cluster of single- family residences served by S. 92"d Avenue. The larger, partially developed parcels are characterized by single-family residences and a few scattered commercial buildings. More intensely developed residential areas are 400 feet to the southeast in the Cottonwood Grove subdivision and north of Tieton Drive. Because of the developing nature of the area, compatibility is influenced by the zoning of surrounding properties, including B-2 zoning of the site and other properties on S. 90th Avenue to the east and southeast, R-3 zoning to the west across S. 92"d Avenue, and more B-2 zoning on the south side of Tieton Drive beyond that.The proposal will provide moderate density residential alternative to the allowed commercial use compatible especially with existing and future residential uses to the south and west on S. 92"d Avenue and north across Tieton Drive. C. What mitigation measures are proposed to promote compatibility? Lots are proposed with larger yards and setbacks than could be allowed for this use. Direct access is to S. 90th Avenue and not to Tieton Drive. Access to S. 92nd Avenue is limited to emergency vehicle access.The slope uphill to Tieton at the north end of the site provides some additional buffer from the residential units to the street. D. How is your proposal consistent with current zoning of your property? The intent of the Local Business (B-2) zone is to provide areas for commercial activities that meet the small retail shopping and service needs of the community; and accommodate small- scale commercial uses that need a higher level of visibility and easy access to major arterials. Characteristic uses include small retail sales and service establishments (YMC 15.03.020(F)). This purpose statement is supplemented by comprehensive plan policies including locational criteria for the underlying Community Mixed-Use future land use designation that provide for a mixture of neighborhood scaled retail, commercial service, office, and high-density residential uses. Duplexes, and other residential land uses have been added to the list of permitted (in this case Type 2) land uses in Table 4-1 of the zoning ordinance. 108 E. How is your proposal consistent with uses and zoning of neighboring properties? The zoning of surrounding properties is Single-Family Residential (R-1) to the north, south, southwest and farther removed properties to the east.The immediately surrounding property on S. 90th Avenue to the east and southeast is zoned B-2 and property to the west parallel to the south side of Tieton Drive is zone Multi-Family Residential (R-3)with additional B-2 zoning beyond it to the intersection of S. 96th Avenue and Tieton Drive.The surrounding area has a mixed-use character as indicated by its zoning.The moderate density of the proposed use would be consistent, and transition from lower intensity areas to the future commercial use of the neighboring B-2 lands on 90th Avenue. F. How is your proposal in the best interest of the community? The proposed housing is consistent with comprehensive plan policies to provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population, encourage diverse and affordable housing choices throughout the City, convenient access to transit and a range of unit types. APR 1 9 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT 2 C L'"ITEX 109 1I %V% ENVIRONMENTAL CHECKLIST 1%I/1►►! "W STATE ENVIRONMENTAL POLICY ACT(SEPA) CITY YAKIMA (AS TAKEN FROM WAC 197-11-960) Planning YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance,minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal._ INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully,to the best of your knowledge.You may need to consult with an agency specialist or private consultant for some questions.You may use"not applicable"or"does not apply"only when you can explain why it does not apply and not when the answer is unknown.You may also attach or incorporate by reference additional studies reports.Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. 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 you 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. USE OF CHECKLIST FOR NONPROJECT PROPOSALS For non-project proposals(such as ordinances,regulations,plans and programs),complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D).Please completely answer all questions that apply and note that the words"project", "applicant", and"property or site" should be read as "proposal," "proponent," and "affected geographic area,"respectively.The lead agency may exclude(for non-projects)questions in Part B—Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. A.BACKGROUND INFORMATION(To be completed by the applicant.) - - 1. Name Of Proposed Project(If Applicable): Upper Valley Estates 2. Applicant's Name&Phone: -RECEIVED DLT Construction, LLC (509)961-6610 3. Applicant's Address: PO Box 268 Wa CITY OF YAKIMA 4. Contacctt WA Personn&Wapa _ COMMNHTy BCS LUPMENT Phone: Thomas R. Durant, 575-6990 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule(Including Phasing,If Applicable): Begin project development Summer, 2021 and completion in one year. 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal?If yes,explain: Considering other similar projects in this part of the City, but no specific plans or locations identified. 8. List any environmental information you know about that has been prepa red,or will be prepared,directly related to this proposal: None directly related to this proposal. Revised 01/2017 Page 4 DCC. I;' ;;_=E 41, -two 110 A.BACKGROUND INFORMATION(To be completed by the applicant.) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal?If yes,explain: Not aware of any. 10. List any government approvals or permits that will be needed for your proposal,if known: Master Planned Development Class 2 Review Preliminary and final plat Traffic Concurrency Review Building Permits Permit for Utility Connections 11. Give a brief,but 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.): Subdivision of 5.2 acres into 20 duplex lots, ranging from 9,902 to 14,491 square feet in size including street improvements and the extension of sewer and water and other utilities to the lots. Construction of 20 duplexes. The lots are to be served by three private streets. 12. Location of the proposal.Give sufficient information for a person to understand the precise location of your proposed 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: 502 S. 90th Avenue. Southwest corner of S. 90th Avenue and Tieton Drive with frontage on S. 92nd Avenue on the west. The site is in the NW quarter of Section 30, T. 13 N., R. 18 E.W.M. Yakima County Parcel Number 181330-21433. RECEIVED APR 1 9 2021 Y/1KIM/4 COMMUNITYCITYOF❑EVELUpMENT Revised 01/2017 Page 5 '_1 111 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Comments 1. Earth a. General description of the site(✓one): ❑ flat ❑ rolling ❑ hilly ❑ steep slopes ❑ mountainous ® other Gently sloping b. What is the steepest slope on the site(approximate percent slope)? Up to approximately 20% at the edge of fill for 92nd Avenue and Tieton Drive at the northwest corner of the site. c. What general types of soils are found on the site(for example,clay,sand,gravel,peat, muck)? If you know the classification of agricultural soils,specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. NRCS soil classification is primarily Esquatzel silt loam.A very small area in the NW corner of the site is mapped as Harwood loam. Both soil types are considered prime farmland.The site is not designated agricultural land of long term commercial significance due to its location in the City limits.No soil to be removed. d. Are there surface indications or history of unstable soils in the immediate vicinity?If so, describe. No. e. Describe the purpose,type,total area,and approximate quantities and total affected area of any filling,excavation,and grading proposed.Indicate source of fill. Excavation and grading for internal streets and homesites. Entire property is effected area.Any off-site fill would be as needed to balance cuts and fills. RECrNED f. Could erosion occur as a result of clearing,construction,or use?If so,generally describe: Some erosion potential during construction that can be addressed through commonly;; used erosion control practices. APR 1 9 202f g. About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? My y OF 'Ax�MA Approximately 60 percent. MIJNITY Dj.V.LCPME NT h. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: Commonly used practices to control erosion.Objective to balance cuts&fills to the extent possible. Landscaping and drainage control of impervious surfaces for completed project. 2. Air a. What types of emissions to the air would result from the proposal during construction, operation,and maintenance when the project is completed? If any,generally describe and give approximate quantities if known. Some dust emissions during construction. Minimal vehicle exhaust emissions from the completed development. b. Are there any off-site sources of emissions or odor that may affect your proposal?If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air,if any: Dust control measures as specified by dust control plan such as application of water& controlling vehicle track-out. Parking and vehicle areas are to be hard-surfaced for completed project.Vehicle emissions controlled at the source by the State. 3. Water a. Surface Water Revised 01/2017 Page 6 .,C. ! .._, ,.L:.. �..�.EX it • �`r 112 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Comments 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. Shaw Ditch or Shaw Creek. If flows into Wide Hollow Creek. 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. No. crTV 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected.Indicate the source of fill material. RC N/A. i TY 4. Will the proposal require surface water withdrawals or diversions? Give general�MMUN1 Y141(lly 4 description,purpose,and approximate quantities if known. EM_OPMENT No. Irrigation is provided by the Yakima Valley Canal Company. 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. No. b. Ground Water 1. Will groundwater be withdrawn from a well for drinking water or other purposes?If so,give a general description of the well,proposed uses and approximate quantities withdrawn from the well.Will water be discharged to groundwater? Give general description,purpose,and approximate quantities if known. No. Domestic water to be provided by Nob Hill Water Association. 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. None. Sewer service to be provided by the City of Yakima. c. Water Runoff(including stormwater) Revised 01/2017 Page 7 DCC. ri:Ex 113 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Comments 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. Rooftops and hard-surfaced parking and travel surfaces. It will flow into on-site retention and infiltration facilities. 2. Could waste materials enter ground or surface waters? If so,generally describe. No. 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site?If so,describe. No. d.Proposed measures to reduce or control surface,ground,and runoff water,and drainage pattern impacts,if any: Stormwater plan preparation and approval by the City. On-site retention of stormwater. RECEIVEn 4. Plants a. Check(✓)types of vegetation found on the site: Deciduous Tree: ElAlder ElMaple ❑Aspen IX]Other APR y 9 2021 Evergreen Green: 0 Fir ❑Cedar ❑Pine ❑Other CITY OF YAKIMA ❑ Shrubs ®Grass ❑Pasture ❑Crop Or Grain ❑Orchards, COMMJNITY DEVELOPMENT vineyards,or other permanent crops Wet Soil Plants: ❑Cattail Buttercup ❑Bullrush OSkunk Cabbage ❑ Other Water Plants: ❑Milfoil ❑Eelgrass ❑Water Lily ❑ Other 0 Other types of vegetation b. What kind and amount of vegetation will be removed or altered? Existing lawn and the one existing ornamental deciduous tree will be removed during development. c. List threatened or endangered species known to be on or near the site. None. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The completed development will be landscaped as typical of residential neighborhoods. e. List all noxious weeds and invasive species known to be on or near the site. None. 5. Animals a. List any birds or other animals which have been observed on or near the site or are known to be on or near the site. rnples include: birds hawk, heron, eagle. ongbir s other: ranrmaTjdeer, bear.elk, beaver, other: fish:bass,salmon, trout, herring,shellfish, other Song birds. Small mammals. b. List any threatened or endangered species known to be on or near the site. None. Revised 01/2017 Page 1 8 t) _s✓�`y` C C. !��., C;Y 114 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Comments c. Is the site part of a migration route?If so,explain. Not aware of it being in a migration route. d. Proposed measures to preserve or enhance wildlife,if any: None. e. List any invasive animal species known to be on or near the site. None. 6. 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 power and natural gas for heating, lighting and other residential energy needs. b. Would your project affect the potential use of solar energy by adjacent properties?If so, generally describe. RECENE1 No. c. What kinds of energy conservation features are included in the plans of this proposa APl? R, 1 I) 2021 List other proposed measures to reduce or control energy impacts,if any: None. CO CITY OF MmuNay 1'AKIMA 7. Environmental Health QEvEL° ML NT 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. No. 1. Describe any known or possible contamination at the site from present or past uses. None known. 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None. 3. Describe any toxic or hazardous chemicals that might be stored,used,or produced during the project's development or construction, or at any time during the operating life of the project. Chemicals used for cleaning, maintenance and landscaping in the completed development, but nothing out of the ordinary for a typical residential land use. 4. Describe special emergency services that might be required. None. 5. Proposed measures to reduce or control environmental health hazards,if any: None. b. Noise 1. What types of noise exist in the area,which may affect your project(for example: traffic,equipment,operation,other)? None. Revised 01/2017 Page 9 115 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Comments 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. Short term equipment noise during construction and traffic noise when the project is completed. 3. Proposed measures to reduce or control noise impacts,if any: Construction hours limited as required by City Code. Residential units oriented away from and set back from traffic on Tieton Drive. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties?If so,describe. The site is mostly vacant with a residence.Surrounding properties are mostly undeveloped with single-family homes and scattered commercial buildings.Single-family homes on S.92nd Ave. b. Has the project site been used as working farmlands or working forest lands? If so, RECEIVE:2i describe.How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal,if any?If resource lands have not been designated,how many acres in farmland or forest land tax status will be converted ;- APR 1 9 to nonfarm or nonforest use? The site has been in agricultural use in the past. It does not have current use tax C4TY OF ygi(1MA status. No farmland of long-term commercial significance would be converted to non- COMMINITYDEVVCp farm use by this proposal. f 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides,tilling,and harvesting?If so,how: No. c. Describe any structures on the site. A single-family residence and a former commercial building. d. Will any structures be demolished?If so,what? Both buildings will be demolished or removed. e. What is the current zoning classification of the site? B-2, Local Business f. What is the current comprehensive plan designation of the site? Community Mixed Use g. 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 a critical area by the city or county? If so, specify. No. i. Approximately how many people would reside or work in the completed project? 80 to 100 residents j. Approximately how many people would the completed project displace? One rental home would be eliminated and replaced with the 40 proposed residential units. Revised 01/2017 Page 110 _ - �.1 116 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Comments 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: Traffic from the proposal will use 90th Avenue rather than 92nd Avenue for access to Tieton Drive. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance,if any: No agricultural or forest lands of long-term commercial significance in the vicinity. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle,or low-income housing. Forty middle income housing units. , RECEIVED b. Approximately how many units, if any, would be eliminated? Indicate whether high, g middle,or low-income housing. A �t One housing unit eliminated. Income level not determined. ~PR ' 2021 c. Proposed measures to reduce or control housing impacts,if any: Cd� C1W of YAKIMA The proposal increases the availability of affordable housing units. MA DE DEVELCpk uir 10. Aesthetics a. What is the tallest height of any proposed structure(s),not including antennas;what is the principal exterior building material(s)proposed? Compliance with the 35 foot building height standard of the B-2 zone. Wood frame residential structures. b. What views in the immediate vicinity would be altered or obstructed? The site is below street level uphill to the north, so no substantial view obstruction is expected. The proposal will change the appearance of the site from an open field with a small house to a higher density residential development. c. Proposed measures to reduce or control aesthetic impacts,if any: Residential structures to be architecturally similar to new units being developed in nearby developments. Use of earthtone or similarly muted colors, not bold or bright. 11. Light and Glare a. What type of light or glare will the proposal produce?What time of day would it mainly occur? Street lights and typical residential lighting. During all hours of darkness. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. 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: Lighting fixtures shielded and not directed toward surrounding areas. 12. Recreation Revised 01/2017 Page 11 �r h. 117 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? Playground at Cottonwood Elementary School, about 800 feet to the south (3/4 mile by road). 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: No expected impacts. 13. Historic and Cultural Preservation a. Are there any buildings,structures,or sites,located on or near the site that are over 45 years old listed in or eligible for listing in national,state,or local preservation registers located on or near the site? If so,specifically describe. Two older homes are located near but off of the site that are shown as eligible for listing. They are at 8901 and 9205 Tieton Drive. RECEIVED b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation?This may include human burials or old cemeteries.Are there any material APR 1 n �O�Q evidence, artifacts,or areas of cultural importance on or near the site? Please list any e� professional studies conducted at the site to identify such resources. CITY OF VAKIMA ShawNone l andtW de Hified. ollow Creeks Flood Control identifiedProject Environmental Assessment d ucted two historicby FEMA in 0 residences 15 for the COMMUNITY DEVELQpMEN r on S. 92nd Avenue, but not eligible for listing. c. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources.Please include plans for the above and any permits that may be required. None 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system.Show on site plans,if any. Tieton Drive and S.90th Avenue.Access is to be from 3 private streets extending from 90th to 92nd Avenues.To be gated on the west to limit access to 92nd Ave to emergency vehicles only. b. Is the site or affected geographic area currently served by public transit?If so,generally describe. If not,what is the approximate distance to the nearest transit stop? Yes. On Tieton Drive c. How many parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? At least two residential parking spaces per dwelling unit for a minimum of 80 spaces. d. Will the proposal require any new or improvements to existing roads,streets,pedestrian bicycle or state transportation facilities, not including driveways? If so, generally describe(indicate whether public or private). Construction of 3 private roads with curbs but no sidewalks. Frontage improvement of S. 90th Avenue to City standards including curb, gutter and sidewalk. Improvement of S. 92nd Avenue not proposed because it is not to be used for regular access to the site. e. Will the project or proposal use(or occur in the immediate vicinity of)water,rail,or air transportation?If so,generally describe. No. Revised 01/2017 Page 12 DOC, Etiv'r EX 118 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) Space Reserved for Agency Continents f. How many vehicular trips per day would be generated by the completed project or proposal?If known,indicate when peak volumes would occur and what percentage of the volume would be trucks(such as commercial and non-passenger vehicles).What data or transportation models were used to make these estimates? Residential development is expected to generate 400 daily vehicular trips or less based on the typical traffic generation estimates for single family residential development. The City will determine peak traffic volumes as part of its traffic concurrency review. g. Will the proposal interfere with,affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so,generally describe: No. h. Proposed measures to reduce or control transportation impacts,if any: No direct access from the site to Tieton Drive or S. 92nd Avenue. Gated approaches to S. 92nd Avenue to prevent the private streets from becoming through streets. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection,police protection,public transit,health care,schools,other)?If so,generally describe: RECEIVED There would be an increase in the need for public services, but consistent with the growth potential being planned for in this location. r PR zaz7 b. Proposed measures to reduce or control direct impacts on public services,if any. CITY OF Mum None. CUMMuN!fY �j DEVELOPMENT 16. Utilities a. Circle utilities currently available at th site: Ce ec ii natural gas, M►• .`elephone, anitary sewer .eptic 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. City of Yakima will provide sewer service. Domestic water from Nob Hill Water. Energy from Pacific Power. Utility installation in conjunction with site development. C. SIGNATURE(To be completed by the applicant.) 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. 6fi�...� ", f r Agent Signature Date Submitted n O lA R.D V C Q H4- at h h kJ' fn 114 Q r, 1 z Q EH�rr - u rye). ai Name of Signee Position and Agency/Organization PLEASE COMPLETE SECTION "D" ON THE NEXT PAGE IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW Revised 01/2017 Page 113 i��a.:C. - - _I 119 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (To be completed by the Space Reserved For applicant.) (IT IS NOT NECESSARY to use this sheet for project actions) Agency Comments 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 that would likely result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented.Respond briefly and in general terms. 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? 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: RECEIVED 3. How would the proposal be likely to deplete energy or natural resources? APR 1 9 2021 CI-1Y OF YAKIMA Proposed measures to protect or conserve energy and natural resources are: COMMUNITY DEVELOP MET 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,floodplains,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 requirements for the protection of the environment. Revised 01/2017 Page 14 IJOC 1 120 SITE PLAN INSTRUCTIONS In Order For Application To Be Determined Complete,A Site Plan Must Be Completed And Submitted. A Detailed Site Plan Is Required:On August 6, 1996,the City Council passed a resolution(No.R-96-91)adopting a requirement that all site plans submitted with any City of Yakima building permit application,land use application,and environmental application must contain the following information listed below and be acceptable by the appropriate division manager.All information that is applicable to your proposal shall be checked off and clearly displayed on the site plan.It is in the applicant's best interest to provide a carefully drawn and scaled site plan with all the 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. Note: You may benefit from the aid of a professional in the preparation of a site plan. I) 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.Computer drafted site plans are acceptable. 2) Size of Paper: 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 Type(1)Review and 11"X 17"for Type(2)and Type(3)Reviews. 3) 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. 4) Drawn to Scale: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.The recommended scale shall be: 1"=20'.For example,if the distance from a structure to a property line is 20 feet, then the distance on the site plan will be 1 inch. 5) Use Site Plan Checklist:Use the site plan checklist and provide all applicable information on the site plan. 6) Fill In Information On The Site Plan Template Available At The City Of Yakima Or Attach The Information Below To Your Site Plan: Complete all information requested on the bottom of the site plan template. If you use a different medium,provide the requested information on the alternative paper. DETAILED SITE PLAN CHECKLIST Please complete this checklist and include it with your site plan.The site plan must contain all pertinent information.Items not applicable to the proposed project shall be noted. Check all boxes as: 4 Included or -Not Applicable ® Name,address,phone number,and signature of the owner or person responsible for the property. ❑- Site address,parcel number(s),and zoning designation RECEIVED ❑ Property boundaries and dimensions - ❑ Names and dimensions of all existing streets bounding or touching the site • �P-ID Dimensions,location and use of proposed and existing structures co 2Q21 ❑ Structure setbacks ❑ North Arrow CITY OF YAKIMA ❑ Lot coverage with calculations shown on site plan.(YMC§ Ch. 15.05.020(C)) COMMIJNirr�DEVELOpM 1IIT R - Location and size of any easements Location and type of existing and proposed landscaping including landscaping within the public right-of-way ❑ Location and size of existing and proposed side sewer and water service lines O Adjacent land uses and zoning designations ❑ Location and size of all parking spaces with the parking calculations shown on the site plan ❑ Location and dimensions of proposed or existing driveway approaches. ❑ Vision clearance triangles at street intersections and at driveways. Clearview Triangle—YMC§Ch. 15.05.040 _❑ Curb cuts intersecting with streets O Location and size of new or existing loading spaces and docks ❑ _ R Location and size of proposed or existing signs(YMC§Ch. 15.08) Location,type,and description of required sitescreening(YMC§ Ch. 15.07) Location and size of required site drainage facilities including on-site retention. RLocation,size and surfacing of refuse container area Location and size of existing or proposed public sidewalks that are within 200-feet of the subject property. ❑ Proposed improvements located within the public right-of-way. ❑ Calculation of land use density Note:Planning Division or Reviewing Official may require additional information to clarify the proposal,assess its impacts,or determine compliance with the Yakima Municipal Code and other laws and regulations Revised 01/2017 Page 115 . - Ir- ;-..: 121 RECEIVED APR 1'S 2021 '41 I 2 VitV �)I'j i l�G�. I 01 0 / fr CITY OF YAKIMA City of Yakima, Washington COMMUNITY.DEVELQPMEla TRANSPORTATION CAPACITY ANALYSIS --C -2 i The Washington State Growth Management Act (RCW 36.70A.70) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted YMC Ch. 12.08 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: DLT Construction, LLC Project Address: 502 S. 90th Avenue Contact Person: Jaime De La Torre Mailing Address:_PO Box 268 Wapato, WA 98951 Parcel No(s): 181330-21433 RESIDENTIAL COMMERCIAL INDUSTRIAL Housing Type* Duplex Describe Use* Describe Use* (Single-Family,Apartments, etc) Special Population* Gross Floor Area Gross Floor Area (Nursing Homes, etc) Other* Parking Spaces Parking Spaces (Group Home,Daycare, Church, etc) (Required/Provided) (Required/Provided) Number of Units 40 Number of Employees Number of Employees *Uses must match up with YMC Ch.15.04,Table 4-1 Project Description: Master Planned Development and 20 duplex lot subdivision. Submit this form with a site plan, the application fee, and any attachments to the City of Yakima, Permit Center, Yakima City Hall, 129 N. 2nd Street, Yakima, WA 98901. You will receive a Notice of Decision explaining the Findings of the resulting analysis. Please review the Decision when it is sent to you,as you only have 14 days to file a Request for Reconsideration or an Appeal. Questions?Contact the City of Yakima,Planning Division, 129 N.2nd Street, Yakima, WA 98901 -(509)575-6183 Revised 01/2017 Page 12 LC,C. f° L s' 122 11 a N nsr an r IIIee4 „„ ee as 7eO a.4rryz. • ... Tinton DI --- - - - -- - 1 /T ` Tiaton Or rflt r-- — L , / ,n22411 22412 \ 22409 22004 \\1 LOT 1, 21001 n4uv as ne lass 40.25 12005 92-74 21401 22401 Pt-8 9 1 7 22407 I sr[019 11 21435 1410 21433 — — 01 vl 21436 12414' 12415 • sn r Pf11,2 1ri15 22402 92-M r rr j'U 1 2 6 22406 s�°+2'2 12411 S''1 21012 TRACT r-u Ca PLEASANT VALLEY ESTATES 21013 "25""E x14x4 b26 114 C 4 21011 21434 aua ea4 24t1a� PTN2 µlp N21 1l2] 575 l242p14 22403 22409 a 21009 "...O.." 31a1y s2p srr 1.ROv 'a7B u4i+a 3 5 C Bn / 11) N r•415 co 140' k4a1n7 /Bay r-te 2,aro 1x i' n -i!1 SYi n77-r,7 901 71414 5" 7,47E ' 22009 2141E 515 52e 21417 b16 51I 7140E= 124 4 P1-8 5r7 X ;wpm 3- 521429 17420- 21006 A-ta 71416 7•a05 005 310 2140e m122 22404 22010 me $ 30e PHASE 5 :,,,,�"' 21433 J 1147 TRACT/2 24007 4. , ` MSOVALE�i 530 +yg LOT 2, 40.19 42 ,,,BE 2„!, , 24405 24405 24404 24403 A71 ,e� 507 110e _50e 5,0y4 503 1 4421 2��, 244,8 24425 '��'7tr'ry� 74402 MIDVALERq ,Gott its B pl. 501 24401 4 i N 1: rxJ 24415 24426 n 24439..- 6p1 w'd a 40 za412 q 5 �p 502 507 616 :1 0- 2444E. 13441 N 57344 9 •244 NJ 13 24420 24427 ~ 2444D e35 34 )14422 3 23002 °0° Eb 5!7 ego 53e ')02 4��c�i1 74446. 24414 24421 2442F 24441"65 aer3w 24005 ea D 6lr Bm 8� 531 Lb 2444;.13444 a. 4. 7141 74447 24422 24429 W'n 15M Li637 '3446 1442a 24475 5,7 e29 'p 0..7 ]9. 24423605 24430 24437 24443 Q 24448 ,:4e 3 ' 24478 013 120 B77 -033 a 838 'I"' ' ,�� 23003 .Bs zn44e a 24417 2 GROVE Aye e32 14411: — 7� '� 007 2ea24 eir31 24436 24444 '114xd . CLV 1 2 061 U 7446714481 24485 2448964° 1�1srt, Ln 11 1 ` pL 707 7„ 7,5 713 244/3 '� N 88-7 ' ' 24452> 24466 2446a� 24466 24a/0 Z`723 , �• �t CY ° M0 712 a 775 y 725 xa �1P �, ,?. r�� 2a,.-. 24455 24463 h 2446-224471 n'24 74'ME07 s 413 p, ' 0C 000v L 24464 N 709 7r1 m 7n n, 17 oa G V 7d `4400 24464 y 24488 24472 co 24475.1� 7p 714 715 722J 725 2a455 5°6 ���]N 705 GARDEN AVE 2a476 �+ i51 O 01 re 725 13507 014 ` (1° 24i� , 732 313, 73a 4 721 n 72d 2'Z7 1150E' ry Y ' 24410 7RACJA NWT 3, 40.13 ' NM r.N 1..4.0�r.r...e.. DJ 1.--"- a .4n 4q 4m 40 MT .r...wwM .l.w.w4 MO* ScsI..f^.2000eet 1..11Y... 1�.... 4�w.dl>b>e12002 A)17•t1RIM _. 4111u�.W rm... I F-. "a 123 COUNTY EXCISE TAX DATE o y 7-l 5 - SCX.- PAID$ Yl( (\Q Return to: REC.NO. 3 5840 Yakima County Public Works Department BY 128 North 2nd Street,Room 40B Yakima County Tr s 's Office Yakima,Washington 98901 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS,That the Grantor GREGORY W.BAINTER and ADELE E. BAINTER,husband and wife for and in consideration of the sum of Ten Dollars and/or other valuable consideration hereby convey and warrant to County of Yakima,Slate of Washington,the following described real estate and any after acquired interest therein,situate in Yakima County,Slate of Washington. All that portion of Lot 1 of Short Plat No.92-14,recorded under Auditor's File No.2949301, records of Yakima County,Washington lying Northerly of the following described line: Commencing at the North Quarter corner of Section 30,Township 13 North,Range 18 East, W.M.;thence West along the North line fo said Section 30;a distance of 891 19 feet,as RECEIVED referenced on the above described short plat;thence South 0°25'49"East a distance of 30 0 feet;thence South 89°43'31"West parallel with the North line of said Section 30 a distance of 387.93 feet;thence South 0°00'13"West a distance of 45.0 feet to a point on the West line R APR S7 of said Lot 1,said point is the point of beginning of said line;thence North 44°56'57"East a 1 9 2021 distance of 21.29 feet;thence North 89°43'31"East a distance of 172.21 feet;thence North 0°16'29"West,perpendicular to the North line of said Section 30 a distance of 5.0 feet;thence 4O CITy OF YAKlm North 89°43'31"East a distance of 99.0 feet;thence North 0°16'29"West a distance of 5.0 MML1N, A feet;thence North 89°43'31°East a distance of 52.0 feet to a point on the East line of said AEVELOPM NT Lot 1 and the terminus of said line. Situated in Yakima County,Slate of Washington. (C 2503;Tieton Drive,Parcel No. 181330-21402,FA#STPUS 4562(005) It is hereby understood by the parties herein that all water and assessment rights,of any kind shall remain with or revert back to the parcel from which this strip of land was acquired. It is understood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the County of Yakima unless and until accepted and approved hereon In writing for Yakima County Road Department,by the County Engineer. -� Dated this �� day of �l a 6>I 2002 Accepted and approved ..z/ i27Zrif-74," YAKIMA COUNTY ROAD DEPARTMENT G By Ass nt County Engineer (Individual Acknowledgment Form) STATE OF WASHINGTON )si County of Ag1N 11414 I I,the undersigned,a notary p State of Washington,hereby certify that on this `Z. day of me 6t6eineti W . . 4,ha.e L. r WON - •e known to be the individual(s)described in and who executed the foregoing instrument,and- I"!Irl".-ad 1VTae,tl2lil signed and sealed the same as "jl't t2,. free and voluntary act and de lot e u 4.re mentioned. Given under my ha a nI y a dye- est above written Notary Public in and for the Slate of Washington Residing at lfrIkPecr 4- JILIIfl I t11111III II11111i 1I 1 9 r '62 b vabira f`n. Up .._Y k 124 9 RECOROE URN tl� ' COUNTY EXCISE TAX .''J//�STO ' GATE e PAIRS l(o83. 0C) REC.NO. 3?4395 BY •—•-d. \LL. /� Yakima County Tr is Office STATUTORY WARRANTY DEED Grantor(s): 1)SANDERSON,BRIAN K. 2)SANDERSON,MELANIE E. Grantec(s): 1)BAINTER,GREGORY W. 2)BAINTER,ADELE E. Legal Description: Lot 1 of Short Plat No.92-14,recorded under Auditor's File Number 2949301, records of Yakima County,Washington. Assessor's Tax Parcel ID#: 181330-21402 Reference No.: n/a THE GRANTORS, BRIAN K. SANDERSON and MELANIE E. SANDERSON, husband and wife, for a valuable consideration, convey and warrant to GREGORY W. BAINTER and ADELE E. BAINTER, husband and wife, the following described real estate, situated in the County of Yakima, State of Washington: Lot 1 of Short Plat No. 92-14, recorded under Auditor's File Number 2949301, records of Yakima County, Washington. PFCF/fF) SUBJECT TO: RPM (1) Liability for future annual assessments by reason of p7 inclusion within the boundaries of Yakima-Tieton Irrigation CI �'J 4°1, District, Soil Conservation District Number 2 and Weed District Number 1; ��MMULtIory � (2) Easement and rights of way over the lands herein described �E.f�- 4 as may be necessary for canals, tunnels or other conduits E[JpME and for telephone and transmission lines, required in N)' connection with the irrigation works constructed, disclosed by deeds or water contracts appearing in the record executed in favor of: Yakima-Tieton Irrigation District; STATUTORY WARRANTY DEED 1 11I f f 2 8OI7150a99s3FIO LI11111Y TITLE COt1PFNY 0 $18.65 Yakima Co. NA r of • 125 (3) Right of way and secondary easement granted to Pacific Power and Light Company for lines and appurtenances, the specific location of which is not disclosed, granted by instrument recorded in Volume 331 of Deeds, under Auditor's File Number 773988 and in Volume 631 of Deeds, under Auditor's File Number 1921175; (4) An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for a drain line, in favor of adjoiners, as recorded June 20, 1912, in Volume 129 of Deeds, under Auditor's File Number 25499. Said easement affects a lien crossing diagonally over said lands; (5) Agreement and the terms and conditions thereof regarding operation and maintenance of an irrigation pipeline to be used in common with adjoiner, as recorded February 24, 1975, in Volume 945 of Official Records, under Auditor's File Number 2377289; (6) Reservations, restrictions, easements, conditions, agreements and disclosures set forth upon the face of said Short Plat, references to which is made as though fully incorporated herein; (7) An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, as disclosed in instrument or by action herein set forth, for irrigation pipeline. Said easement is disclosed by Deed, dated February 10, 1992, and recorded or filed February 11, 1992, in Volume 1348 of Official Records, under Auditor's File Number 2949799; (8) An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, as disclosed in instrument or by action herein set forth, for roadway. Said easement is in favor of the East 24 feet and benefits all parcels in Short Plat, as disclosed by Deed, dated February l0, 1992, and recorded or filed February 11, 1992, in Volume 1348 of Official Records, under Auditor's RECEIVED File Number 2949799; (9) Supplement to Short Plat, its terms and conditions, recorded February 6, 1992 in Volume 1348 of Official Records, under ��� nj Auditor's File Number 2949302, regarding: Future Sewer 2U`G� Connection; (10) Supplement to Short Plat, its terms and conditions, recorded L'ITY 0r y�IKIMA February 6, 1992 in Volume 1348 of Official Records, under ('OJ19N1CITY F Auditor's File Numbers 2949303 and 2949304, regarding: EVELOPMFJJ Future Street Construction; and (11) Rights reserved in federal patents, state or railroad deeds, building or use restrictions general to the area, zoning regulations, easements, conditions, restrictions, reservations, rights of way, covenants and other servitudes appearing of record or existing in fact over or upon the property, together with encroachments, claims of adverse possession. prescriptive easements or boundary line disputes visible by inspection or which would be disclosed by survey, STATUTORY WARRANTY DEED 2 1WI 111 ltill'lll1llti\lllll{ 2�1II llll � , °9991SS 81R FIDELITY ITLE C611pAh1Y 0 coYakima Co• 126 and any future adjudication of surface water rights by any federal or state proceeding. c� DATED this day of /471u. i , // .5: o �-B IAN K. S NDERSON M NIE E. SANDERSON L STATE OF WASHINGTON } ss. County of Yakima ] ON THIS DAY personally appeared before me BRIAN K. SANDERSON and MELANIE E. SANDERSON, husband and wife, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the purposes therein mentioned. IVEN UNDER my hand and official seal this -Z 8LL-tray of No ARY PUBLIC in for the �p`¢`l Stp�te of Washington, residing RECEIVED *P e.> atL�i�n�a_/. My Commission Q rygo Fad exp res _L/_/5/.;7cxt0 • `ti. 4:. Jt �'1.S AR 1 am CITY OF YAKIMA % COMMUNITY DEVELOPMENT STATUTORY WARRANTY DEED 3 P 0076I B1R 11��1111�11ti14111111111 : YakiFIttELIr 'M LOG. i:: .__EX 0T %� ` 127 111111111111111111 III liii 11111 IIII 1111111111 IIII 1 8 7 6 9 5 5 2 * FILE# 7876955 YAKIMA COUNTY, NA 06/18/2015 03:10:20PN COUNTY EXCISE TAX DEED PAfiES: 2 DATE JUN 1 8 2015 FLOWER & ANDREOTTI PAID$ N vi REC.N0. Recording Fee: 73.00 RECEIVED BY Yakima County Treasurer's Office APR 1 9 2021 Return to: Flower&Andreotti 303 East"D" Street#1 CITY OF YAKIMA Yakima, WA 98901 COMMUNITY DEVELOPMENT Document Title: Quit Claim Deed Grantor: Bainter Group, LLC, a Washington limited liability company. Grantee: Bainter, Gregory W. and Bainter,Adele,husband and wife. Legal Description: That portion of Lot 2 of Short Plat recorded in Book 92 of Short Plats, page 14,records of Yakima County, Washington, lying North of a line described as follows: Beginning at the Northwest corner of said Lot 2, thence South 00°00'13" West,along the West line thereof 432.91 feet to a Southwest corner of said Lot 2 and the true point of beginning of the herein described line;thence North 89°29'50"East 359.16 feet to the East line of said Lot 2 and the terminus of the herein described line,EXCEPT right-of-way conveyed to Yakima County under Auditor's File No. 7282942. Tax Parcel Number: A portion of 181330-21403 QUIT CLAIM DEED The Grantor,BAINTER GROUP, LLC,a Washington limited liability company,for valuable consideration,receipt of which is acknowledged, conveys and quit-claims to GREGORY W. BAINTER and ADELE BAINTER,husband and wife, the following-described Yakima County, Washington real property together with all after-acquired title of Grantor therein: h O C. r" vsliornre r minty Auditor File#7876955 Page 1 of 2 ----• 128 That portion of Lot 2 of Short Plat recorded in Book 92 of Short Plats, page 14,records of Yakima County, Washington, lying North of a line described as follows: Beginning at the Northwest corner of said Lot 2,thence South 00°00'13" West,along the West line thereof 432.91 feet to a Southwest corner of said Lot 2 and the true point of beginning of the herein described line;thence North 89°29'50"East 359.16 feet to the East line of said Lot 2 and the terminus of the herein described line,EXCEPT right-of-way RECEIVE!) conveyed to Yakima County under Auditor's File No. 7282942. DATED: June l , 2015. APR S 2O2 BAINTER GROUP,LLC: CITY WlKMf Cp�jM� , �i`. EV>tiZU MLNT By: .4 G G RY W. it AINTER,Member. By: adage,adage,tf y� ADELE BAINTER,Member. STATE OF WASHINGTON ) ss. County of Yakima ) I CERTIFY I know or have satisfactory evidence GREGORY W. BAINTER and ADELE BAINTER signed the foregoing instrument and on oath stated they were authorized to execute the instrument as the Members of BAINTER GROUP, LLC, a Washington limited liability company,as the free and voluntary act of the company for the uses and purposes mentioned in the instrument. DATED: June / t5 ,2015- c+.c7 r_r/ ''.. NO ARY PUBLIC i4-1n and for the w"-1;;;'yglnes : ;: State of Washington. �" 4,a� ,emu. My commission expires: 77(51;;& ' ' ;:. C:\Users\Pal\Documents\PAK\pat\Pat\bainter\bainter group-bainter.qcd.docx DGC. INDEX r ' Yakime-C-eunty--Aedtiar 7M7R955 Pao 2 of 2 129 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 COMMITMENT FOR TITLE INSURANCE RECEIVED ISSUED BY APR 12 2021 CHICAGO TITLE INSURANCE COMPANY CITY OF YAKIMA NOTICE COMMUNITY DEVELOPMENT IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, CHICAGO TITLE INSURANCE COMPANY, a Florida Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Company,. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic furrn]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN LAND rim ALTA members in good standing as of the date of use.All other uses are prohibited, ASSOCIATION Reprinted under license from the American Land Title Association. Ey°': EX ilk it 130 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land"does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid Ol i{1XED (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; APR 1 '9 2021 (d) Schedule A; (e) Schedule B,Part I—Requirements; [and] CITY OF YAKIMA (f) Schedule B,Part II—Exceptions; and COMMUNITY DEVELOPMENT (g) a counter-signature by the Company or its issuing agent that may be in electronic form]. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B,Part I—Requirements; (ii) eliminate,with the Company's written consent, any Schedule B,Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Company). This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; land) Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN LANE)TITLE ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION Reprinted under license from the American Land Title Association. ;C . I?,;; EX 131 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data,if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event,the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued,this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied,relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company]. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.orgiarbitration>. This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Comoanvj This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. RrcElvEn Copyright 2006-2016 American Land Title Association.All rights reserved. r,_ umni The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN APR 1 '9 2021 'AN1 Mkt ALTA members in good standing as of the date of use.All other uses are prohibited.i. MIM U710N Reprinted under license from the American Land Title Association. CITY OF YAKIMA 17,C I '. s D', COMMUNITY DEVELUrlrlr,T �. 132 Fidelity Title Company 117 N.4TH STREET•PO Box 1682,YAKIMA,WASHINGTON 98907 PHONE: (509)248-6210•(800)666-8308• FAX: (509)248-2048 Agent for CHICAGO TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Title Order No.: 199438-YM To: Fidelity Escrow 117 N.4th Street 1. Effective Date: October 12,2020 at 8:00 AM Yakima,WA 98901 Attn: Christina Hennessy christina 4fitico.com 2. Policy to be issued: (a) 2006 ALTA Standard Owner's Policy Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below. Proposed Policy Amount: $10,000.00 (b) 2006 ALTA Extended Coverage Loan Policy Proposed Insured: Lender with contractual obligations under a loan agreement with the vested owner identified at Item 2 above. Proposed Policy Amount: $10,000.00 PREMIUM INFORMATION: A. SHORT TERM $TO COME Tax: $ Total: $ B. SIMULTANEOUS EXT $TO COME Tax: $ Total: $ 3. The estate or interest in the Land described or referred to in this Commitment is A Fee RECEIVED 4. The Title is, at the Commitment Date, vested in: GREGORY WILLIAM BAINTER and ADELE E.BAINTER,husband and wife APR 1 8 2021 5. The Land is described as follows: CITY OF YAKImn COMMUNi Y!1 J tj�N;CNT See Exhibit A attached hereto and made a part of hereof. This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Comoanvl. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN LAND TITLE ALTA members in good standing as of the date of use.All other uses are prohibited. MoNWIATION Reprinted under license from the American Land Title Association. L.L ra -, .r ✓-. i,... ..�_�-^-r..i, ; r� 133 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 Commitment No.: 199438 Exhibit A Lot 1 and that portion of Lot 2 of Short Plat recorded in Book 92 of Short Plats,Page 14, under Auditor's File Number 2949301, records of Yakima County,Washington,lying North of a line described as follows: Beginning at the Northwest corner of said Lot 2; thence South 00°00'13" West,along the West line thereof 432.91 feet to the Southwest corner of said Lot 2 and the true point of beginning of the therein described line; thence North 89°29'50" East 359.16 feet to the East line of said Lot 2 and the terminus of the herein described line; EXCEPT right-of-way conveyed to Yakima County under Auditor's File Number 7282942. Situated in Yakima County, State of Washington. RECEIVED APR 1 '9 2021 CITY OF YAKIMA COMMUNITY DEVI^LDR,f" ENT This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Company]. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TTTEE ASSOCIATION Reprinted under license from the American Land Title Association. , 134 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 Commitment No.: 199438 SCHEDULE B, PART I Requirements All of the following Requirements must be met: t. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered,and recorded in the Public Records. 5. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. 6. For each policy to be issued as identified in Schedule A, Item 2;the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4,the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. 7. The Proposed Policy Amount(s)must be increased to the full value of the estate or interest being insured, and any additional premium must be paid.An Owner's policy should reflect an amount at least equal to the full value of the estate insured without deduction of encumbrances. A Loan policy shall be issued in an amount equal to the amount of the loan unless there is additional collateral reducing the need for coverage. Proposed Policy Amount(s)will be revised and premiums charged consistent therewith when the final amounts are approved. RECEIVED APR 1 .9 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title ComoanvJ. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN ALTA members in good standing as of the date of use.All other uses are prohibited. ^°"°TITLE IATION Reprinted under license from the American Land Title Association. DOC.. I % EX 135 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 Commitment No.: 199438 INFORMATION FOR THE CLOSER AND/OR INSURED: The following matters will not be listed as Special Exceptions in Schedule"B" of the Policy to be issued pursuant to this Commitment. Notwithstanding the absence of a Special Exception in Schedule "B" of the Policy to be issued, there will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted from coverage under the General Exceptions section of Schedule "B", excluded from coverage under the Exclusions from Coverage or are not matters for which coverage is afforded under the insuring clauses of the Policy. This Commitment shall not oblige the Company to issue any Endorsement. All Endorsements to be issued must be agreed to by the Company and appropriate for the estate insured. Any sketch or map enclosed as an attachment herewith is furnished for information purposes only to assist in property location with reference to streets and other parcels. No representation is made as to accuracy and the Company assumes no liability for any loss occurring by reason of reliance thereof. Washington has a graduated excise tax rate for sales occurring on or after 1/1/2020 for most properties, although a flat rate applies to properties formally classified and specially valued as timberland or agricultural land on the day of closing. The rate of real estate excise tax applicable to a sale prior to 1/1/2020 is 1.78%. The rate of real estate excise tax to a sale on or after 1/1/2020 for properties which are not formally classified and specially valued as timberland or agricultural land is: RECEIVED State portion: 1.10%on any portion of the sales price of$500,000 or less; 1.28%on any portion of the sales price above$500,000, up to$1,500,000; APR 2021 2.75%on any portion of the sales price above$1,500,000, up to$3,000,000; 3.00%on any portion of the sales price above$3,000,000; CITY OF YAKIMA COMMUNITY DEVELOPMENT Local portion: 0.50%on the entire sales price in the following taxing districts: 300, 305, 308, 309, 325, 326, 330,331, 333, 334, 335,349, 350, 420,428,440, 443, 460, 464, 520, 528, 540, 544, 560, 565, 581, 585 and 586.All other property is subject to local excise tax at the rate of.25%. Pursuant to RCW 82.45.180, in addition to real estate excise tax collected by the Yakima County Treasurer, a filing fee of$5.00 will be collected on all taxable transactions. A filing fee of$10.00 will be collected on all non- taxable transactions, and on all transactions wherein the calculated tax payment is less than$5.00. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Comnanvl. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements: land] Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN LANE)TITLE ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION Reprinted under license from the American Land Title Association. 136 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 Commitment No.: 199438 All documents presented for recording must be delivered by 2 p.m. to be recorded the day of delivery. Any documents presented for recording after 2 p.m. will be recorded the next day that the Yakima County Auditor's Office is open. When E-Recording documents requires excise clearance, checks must be made payable to Fidelity Title Company. In accordance with Washington State Insurance Commissioner rules, all recording fees, excise tax, and excise affidavit filing fees must be included with recording packages. Failure to include these 3rd party fees will result in a delay of your recording. NOTES: 1. Parcel number(s)assigned by the Yakima County Assessor's Office based upon their own composed narrative description, and used by the Yakima County Treasurer's Office in the collection of real property taxes and assessments: 181330-21433 NOTE: The designated Levy Code is 586 2. Assessment levied by Soil Conservation District Number 2 for the year 2020 in the original amount of$5.06, which has been paid. 3. Assessment levied by Horticulture Pest&Disease Control District for the year 2020 in the original amount of $1.00,which has been paid. 4. According to the Yakima County Assessor's Office,the address for the property described in Exhibit A of our Commitment is 502 S. 90th Avenue, Yakima,Washington 98908. 5. The abbreviated legal description will read as follows: LOT 1 &PTN LOT 2 SP 92-14 RECEIVED 6. Title Contact: Yvonne Munson, yvonne@fstitleco.com APR '9 2021 7. 1 cc: Keller Williams, Attn: Rachel Toth, r.tothrt,kw.conz CITY OF YAKIMA COMMUNITY DEVELOPMENT This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Comnanvl. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ""t"" ALTA members in good standing as of the date of use.All other uses are prohibited. ;;"" Reprinted under license from the American Land Title Association. 3C:. 1. .'EX; 137 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 Commitment No.: 199438 SCHEDULE B,PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the premises. B. Any encroachment, encumbrance, violation,variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, streets,roads, alleys or highways not disclosed by the Public Records. D. Any lien, or right to a lien for contributions to employees benefit funds,or for state workers' compensation, or for services, labor or material heretofore or hereafter furnished, all as imposed by law and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any service, installation, connection,maintenance, or construction charges for sewer,water, electricity, natural gas or other utilities or garbage collection and disposal. G. Reservations or exceptions in United States Patents or in Acts authorizing the issuance thereof. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights,including easements or equitable servitudes. RECEIVED I. Water rights, claims or title to water. APR 1 '9 2021 CITY OF YAKIMA COMMUNITY DEVELOPMENT This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title Company! This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. mo The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AM ERICAN LAND TITLE ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION Reprinted under license from the American Land Title Association. D W !N a-¢ 138 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 Commitment No.: 199438 J. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,Part I—Requirements are met. RECEIVED SPECIAL EXCEPTIONS: APR 1 .9 2021 1. Real Estate Excise Tax as may be due on this transfer. CITY 4F YAKIMA coMMUPJl7 Y DEVELOPMENT 2. Real property taxes for the second half of the assessment year 2020 in the original amount of$1,047.71, which shall be delinquent after October 31 s` 3. Assessment levied by City of Yakima Stormwater Fee for the second half of the year 2020, in the amount of $75.39,which shall be delinquent after October 31st. 4. Local district assessments and/or charges due the City of Yakima. 5. Deed of Trust and the terms and conditions thereof,wherein Gregory W. Bainter and Adele E.Bainter, husband and wife is Grantor, and Valley Title Guarantee is Trustee,and Cashmere Valley Bank is Beneficiary, in the original amount of$200,000.00, dated December 2, 2019, and recorded December 5, 2019, under Auditor's File Number 8036670. 6. Reservations, restrictions, easements, conditions, agreements and disclosures set forth upon the face of said Short Plat,reference to which is made as though fully incorporated herein. 7. Right of way and secondary easement granted to Pacific Power and Light Company for lines and appurtenances, the specific location of which is not disclosed, granted by instrument recorded in Volume 331 of Deeds, under Auditor's File Number 773988, and in Volume 631 of Deeds,under Auditor's File Number 1921175. 8. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for a drain line, in favor of adjoiners, as recorded June 20, 1912, in Volume 129 of Deeds,under Auditor's File Number 25499. Said easement affects a line crossing diagonally over said lands. 9. Agreement and the terms and conditions thereof regarding operation and maintenance of an irrigation pipeline to be used in common with adjoiner,as recorded February 24, 1975, in Volume 945 of Official Records, under Auditor's File Number 2377289. 10. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for irrigation pipeline,as recorded February 11, 1992, in Volume 1348 of Official Records,under Auditor's File Number 2949799. This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Tithe Compenvl. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; [and] Schedule B, Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form]. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMra1cAN `AND rl Hl ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association. 0 , 1 Nwa 139 American Land Title Association Commitment for Title Insurance Adopted 08-01-2016 Technical Corrections 04-02-2018 Commitment No.: 199438 11. An easement affecting the portion of said premises and for the purposes stated herein,and incidental purposes, for roadway,as recorded February 11, 1992,in Volume 1348 of Official Records, under Auditor's File Number 2949799. 12. Supplement to Short Plat,its terms and conditions,recorded February 6, 1992 in Volume 1348 of Official Records,under Auditor's File Number 2949302,regarding: Future sewer connection. 13. Supplement to Short Plat, its terms and conditions,recorded February 6, 1992 in Volume 1348 of Official Records, under Auditor's File Numbers 2949303 and 2949304,regarding: Future street construction. 14. An easement affecting the portion of said premises and for the purposes stated herein,and incidental purposes, for utility,in favor of Bainter Group, LLC, a Washington limited liability company,as recorded June 20,2013, under Auditor's File Number 7807819. 15. An easement affecting the portion of said premises and for the purposes stated herein,and incidental purposes, for sewer,in favor of City of Yakima,as recorded August 13,2015, under Auditor's File Number 7882810. RECEIVED CHICAGO TITLE INSURANCE COMPANY APR 1 9 2021 Fidelity Title Company CITY OF YAKIMA COMMUNITY UEVEI_DPMENT By: Yvonne Munson, Authorized Signatory jri 10-l 3-20 This page is only a part of a 2016 ALTA®Commitment for Title Insurance[issued by Fidelity Title ComoanvJ. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; land' Schedule B, Part iI—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form'. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and 15�1111111 ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association. E ; ;`,,": 140 Fidelity Title Company As agent for Chicago Title Insurance Company and Fidelity National Title Insurance Company RECEIVED (Members of the Fidelity National Financial, Inc. group of companies) Privacy Statement APR 1 9 2021 Effective Date: January 1,2020 CITY OF YMIMp COMMUNITY DEVELOPMENT Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information(e.g., name,address,phone number, email address); • demographic information(e.g., date of birth, gender,marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application(each an"FNF Website")from your Internet browser, computer, and/or device: • Internet Protocol (IP)address and operating system; • browser version, language,and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. DCC 141 Other Online Specifics Cookies. When you visit an FNF Website, a"cookie"may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. RECEIVED Use of Personal information APR '� zOz� FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. CITY OF YAKIMA • To improve our products and services. COMMUNITY DEVL-L JJJME,NT • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. 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We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you. Accessine and Correcting Information;Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to privacy@fnf.com,by phone to(888)934-3354,or by mail to: Chief Privacy Officer RECEIVED Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville,FL 32204 APR 1 '9 2021 CITY OF v"KIMA COMMI:M i Y > .'✓LLOPMENT DCC.. 144 GREG & ADELE BAINTER PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST CHAPTER F Public Notices DOCUMENT DATE F-1 Determination of Incomplete Application 05/13/2021 F-2 Land Use Action Installation Certificate 06/11/2021 F-3 Notice of Application, Environmental Review 06/14/2021 F-3a: Press Release and Distribution Email F-3b: Parties and Agencies Notified F-3c: Affidavit of Mailing F-4 Notice of Public Hearing 07/29/2021 F-4a: Legal Ad F-4b: Press Release and Distribution Email F-4c: Parties and Agencies Notified F-4d: Affidavit of Mailing F-5 Notice of Mitigated Determination of Non-Significance 07/30/2021 F-5a: Parties and Agencies Notified F-5b: Affidavit of Mailing F-6 HE Agenda and Packet Distribution List 09/02/2021 F-7 HE Agenda and Sign-in Sheet 09/09/2021 F-8 Notification of Healing Examiner Recommendation 10/12/2021 (See DOC INDEX# AA-1 for HE Recommendation) F-8a: Parties and Agencies Notified F-8b: Affidavit of Mailing F-9 Letter of Transmittal to City Clerk: City Council Hearing 11/02/2021 (Mailing Labels, Vicinity Map) F-10 Notice of City Council Closed Record Public Hearing 12/14/2021 (Vicinity Map) 145 a,.. :•.t OFFICE OF THE CITY CLERK i 129 North Second Street L: • i} Yakima, Washington 98901 (N00' 4 % Phone (509) 575-6037 • Fax (509) 576-6614 CITY OF YAKIMA NOTICE OF CLOSED RECORD PUBLIC HEARING Master Planned Development 502 S 90th Ave NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a Closed Record Public Hearing to consider the Hearing Examiner's recommendation regarding Master Planned Development for Greg &Adele Bainter to subdivide one parcel of approx. 5.2 acres into 20 residential duplex lots located at 502 S. 90th Ave submitted by DLT Construction LLC. Said closed record public hearing will be held on Tuesday, December 14, 2021, at 6:00 p.m., or soon thereafter, via Zoom. Closed Record Hearing means the public is invited to testify on the existing Planning Commission's records but will not be allowed to introduce any new information. Any citizen wishing to comment on existing records is welcome to call in to the public hearing (information provided on the agenda). The City Council agenda will be posted online at: https:ffwww.yakimawa.caovfcouncilfaciendas-and-minutes! Please contact City Planning for additional information at 509-575-6183. Dated this 5th day of November, 2021. Sonya Claar Tee, CMC City Clerk DOC. INDEX 10 146 Project Name: GREG&ADELE BAINTER AINII a a~%\ ///■ �►\\ Site Address: 502 S 90TH AVE CITY QF YAKIMA File Number(s): PD#002-21, PLP#002-21,CL2#019-21, SEPA#010-21 P Proposal: Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots(total of 40 residential units)with internal access by private streets, located in the B-2 zoning district. N VICINITY MAP lO i III_ION DF; F• 1 f � s , SITE Map Disclaimer:Information shown on this map is for planning and illustration purposes only.The City of 1 i Yakima assumes no liability for any errors,omissions,or inaccuracies in the information provided or for any I?; ='I action taken,or action not taken by the user in reliance upon any maps or information provided herein. Date Created:4/21/2021 DOC. INDEX # f-\0 147 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Analilia Nunez, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar Tee,City Clerk, by hand delivery, the following documents: 1. Mailing labels for Greg & Adele Bainter-PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21,TCO#008-21 including all labels for property owners within the 300 feet radius and parties of record. 2. E-mail distribution lists for In-House, Local Media, SEPA Reviewing Agencies, Interested Parties and Parties of Record 3. Vicinity Map Signed this 2nd day of November, 2021. Ana i is Nunez Planning Technician /n Received By: 0` li Date: /1-7---( DOC INDtX 148 18131934407 18131934512 18131934006 EDWIN &ILA MILLER JBS PROPERTIES INC BENNETT K OSBORNE 9007 TIETON DRIVE 1819 S 4TH AVE 9003 TIETON DR YAKIMA,WA 98908 YAKIMA,WA 98903 YAKIMA,WA 98908 18131933562 18133022004 18133022407 JEFFREY B SWAN BRUCE L& REBECCA A SANISLO CARL R&JENNIFER K TATE NEUMAN 9200 BELL AVE 9208 TIETON DR 603 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18133021435 18131934408 18133022408 MICHAEL& KELLY MENARD SUGDEN FREDDY L&POK NAM BRICENO GILBERT DELL DANIELS TRUST 8910 TIETON DR 9005 TIETON DR 1203 E ROSE LN UNIT 7 YAKIMA,WA 98908 YAKIMA,WA 98908 PHOENIX,AZ 85014 18133021011 18133021433 18133021013 RICHARD C&RENEE PECK GREGORY W&ADELE BAINTER JEANNETTE MARTIN 703 S 92ND AVE 9004 TIETON DR 5808 SUMMITVIEW AVE, STE A, PMB YAKIMA,WA 98908 YAKIMA,WA 98908 403 YAKIMA,WA 98908 18131933540 18133021001 18133021009 WILLIAM &MERRY L STURM LINDA D SEAMAN MAX MICHAEL&KATE RUTGER 9203 TIETON DR 8902 TIETON DR 705 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 TOM DURANT 18133022406 18131934521 PLSA ENGINEERING&SURVEYING RONALD L&KATHLEEN BRITT PATRICK&JEAN CHITTIM 521 N 20TH AVE, STE 3 412 N 68TH AVE 8911 TIETON DRIVE YAKIMA,WA 98902 YAKIMA,WA 98908 YAKIMA,WA 98908 18133021012 DLT CONSTRUCTION LLC TRACY DAVIS PO BOX 268 609 S 92ND AVE WAPATO,WA 98951 YAKIMA,WA 98908 DOC 149 ` Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Ann Brulotte,Executive Assistant 8113 W Grandridge Blvd Manager 10705-B Gilbert Road Kennewick,WA 99336 8 South 2nd Ave,Rm#304 Yakima,WA 98903-9203 Yakima,WA 98902 bethb@ahtanum.net Charter Communications City of Union Gap City of Yakima-Airport Manager Dennis Henne,Development Director Rob Peterson,Director 1005 North 16th Ave P.O.Box 3008 2400 West Washington Ave Yakima,WA 98902 Union Gap,WA 98903 Yakima,WA 98903 dennis.henne@uniongapwa.gov rob.peterson@yakimaairtermina I.com City of Yakima-Engineering Division City of Yakima-Wastewater Division Federal Aviation Administration Dan Riddle,Street Inspector Marc Cawley,Wastewater Operations 2200 W.Washington Ave 129 N 2nd Street marc.cawley@yakimawa.gov Yakima,WA 98903 Yakima,WA 98901 Dana Kallevig,Utility Project Manager Dan.Riddle@yakimawa.gov dana.kallevig@yakimawa,gov Greater Yakima Chamber of Commerce Nob Hill Water Association North Yakima Conservation District 10 North 9th Street Bob Irving,Engineering Technician Manager Yakima,WA 98901 6111 Tieton Drive 1606 Perry Street,Ste.C chamber@yakima.org Yakima,WA 98908 Yakima,WA 98902 bob@no bhi l l w a ter.org Office of Rural and Farm Worker Housing Pacific Power U.S.Army Corps of Engineers,Regulatory Marty Miller, Mike Paulson, Branch 1400 Summitview Ave,Ste#203 500 North Keys Rd David Moore,Project Manager Yakima,WA 98902 Yakima,WA 98901 P.O.Box 3755 Martym@orfh.org Seattle,WA 98124-3755 david.j.moore@usace.army.mil United States Postal Service WA State Attorney General's Office WA State Department of Agriculture Maintenance Dept. 1433 Lakeside Court,Ste#102 Kelly McLain, 205 W Washington Ave Yakima,WA 98902 PO Box 42560 Yakima,WA 98903 Olympia,WA 98504 david.r.james@usps.gov kmclain@agr.wa.gov WA State Department of Commerce WA State Department of Ecology WA State Department of Ecology Review Team, Annie Szvetecz,SEPA Policy Lead Gwen Clear,Regional Coordinator 1011 Plum St SE P.O.Box 47703 1250 W Alder St Olympia,WA 98504-3172 Olympia,WA 98504-7703 Union Gap,WA 98903 reviewteam@commerce.wa.gov se pa registeiikcy.wa.gov crosepacoordinator@ecy.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Lori White, Rhonda Luke,Project Coordinator sepaunit@ecy.wa.gov lori.white@ecy.wa.gov ForrerOrchards@ecy.wa.gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife, Eric Bartrand, Scott.Downes®dfw.wa.gov SEPA Desk 1701 South 24th Ave PO Box 43200 Yakima,WA 98902 WA State Department of Fish and Wildlife Olympia,WA 98504 Eric.Bartrand@dfw.wa.gov Team Yakima@dfw.wa.gov SEPAdesk@dfw.wa.gov WA State Department of Health WA State Department of Natural WA State Department of Social&Health Kelly Cooper, Resources,SEPA Center Services,Office of Capital Programs PO Box 47820 PO Box 47015 Larry Covey Olympia,WA 98504 Olympia,WA 98504 P.O.Box 45848 DOC. Kelly.coo per©ldoh.wa.go v sepacenter@dnr.wa.gov Olympia,WA 98504 im Du larry.covey%dshs.wa. f/,4 I" 150 ' WA State Dept of Archaeology&Historic WA State Dept of Health,Office of WA State Energy Facility Site Evaluation Preservation Drinking Water Council 1063 S Capitol Way,Ste 106 Jamie Gardipe laniie.gardipe@doh.wa.gov Stephen Posner,SEPA Officer Olympia,WA 98504-8343 16201 E Indiana Ave,Ste#1500 PO Box 43172 Sepa@dahp.wa.gov Spokane Valley,WA 99216 Olympia,WA 98504-3172 SEPA.reviewteani@dah.wa.gov sposner@utc.wa.gov WA State Environmental Protection WA State Governor's Office of Indian WA State Parks&Recreation Commission Agency Affairs Jessica Logan, NEPA Review Unit PO Box 40909 P.O.Box 42650 1200 6th Ave.#155,14 D-12 Olympia,WA 98504 Olympia,WA 98504 Seattle,WA 98101 jessica.logan@parks.wa g West Valley School District West Valley School District WSDOT Angela Von Essen,Asst.Supt Mike Brophy,Superintendent Paul Gonseth,Planning Engineer 8902 Zier Road 8902 Zier Road 2809 Rudkin Road Yakima,WA 98908-9299 Yakima,WA 98908 Union Gap,WA 98903 vonessensa@wvsd208.org braphym@wvsd208.org gonsetp@wsdot.gov WSDOT South Central Region Planning WSDOT,Aviation Division Yakama Bureau of Indian Affairs Office Max Platts,Aviation Planner Superintendent SCplanning@wsdot.wa.gov 7702 Terminal St SW P.O.Box 632 Tumwater,WA 98501 Toppenish,WA 98948 pIa tts t@w sdot.wa.gov Yakama Bureau of Indian Affairs Yakama Indian Nation,Cultural Resources Yakama Indian Nation,Yakima Tribal Rocco Clark,Environmental Coordinator Program Council P.O.Box 632 Johnson Meninick, Ruth Jim, Toppenish,WA 98948 P.O.Box 151 P.O.Box 151 Rocco.clark@bia.gov Toppenish,WA 98948 Toppenish,WA 98948 Yakama Nation Environmental Mgmt Yakama-Klickitat Fisheries Project Yakima County Building Department Program,Elizabeth Sanchey John Marvin, Harold Maclean,Building Official P.O.Box 151 760 Pence Road 128 North 2nd Street,4th Floor Toppenish,WA 98948 Yakima,WA 98909 Yakima,WA 98901 esanchey©yakama.com marita?yakamafish-nsn.ggv harold.maciean@co.yakirna.wa.us imarvin@yakama.com Yakima CountyCommissioners Yakima CountyHealth District Yakima County Planning Division Commissioners.webeco.yakirna.wa.us Ryan Ibach,Director Tommy Carroll,Planning Manager 1210 Ahtanum Ridge Dr Ste#200 128 North 2nd Street,4th Floor Union Gap,WA 98903 Yakima,WA 98901 yhd@co.yakima.wa.us Thomas.Carroll@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima County Planning Division Yakima County Public Services Yakima County Water Resources Division Jason Earles,Zoning/Subdivision Section Lisa Freund,Public Services Director Troy Havens,Manager 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 Yakima,WA 98901 lason.Earles@co.yakima.wa.us' lisa.freund@co.yakima.wa.us Troy.Havens@co.yakima.wa.us Yakima County Water Resources Division Yakima Greenway Foundation Yakima Regional Clean Air Agency Dianna Woods,Progam Analyst Kellie Connaughton,Executive Director Hasan Tahat,Compliance and Engineering 128 North 2nd Street,4th Floor 111 South 18th Street Division Supervisor Yakima,WA 98901 Yakima,WA 98901 186 Iron Horse Ct#101 Dianna.Wvods@co.yakima.wa.us kellie@yakimagreenway.org Yakima,WA 98901 hasan®yrcaa.org Yakima School District Yakima School District Yakima School District Jay Baucom,Director of Maintenance& Stacey Locke,Assistant Superintendent of Trevor Greene,Superintendent Operations Operations 104 North 4th Ave r. 104 North 4th Ave 104 North 4th Ave Yakima,WA 98902 �� " Yakima,WA 98902 Yakima,WA 98902 greene.trevor@ rakinit Wrg baucom.jay@yakimaschooIs.org locke.stacey@ysd7.org y. • 151 Yakima Valley Canal Co Yakima Valley Conference of Governments Yakima Valley Museum Robert Smoot, Lynn Deitrick,Senior Planner Peter Arnold,Executive Director 1640 Garretson Lane 311 North 4th Street,Ste#202 2105 Tieton Drive Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98902 Iynn.deitrick@yvcog.om peter@yvmuseum.org. Yakima Valley Trolleys Yakima Valley Trolleys Yakima Waste Systems Paul Edmondson, PO Box 796 Keith Kovalenko,District Manager 313 North 3rd Street Yakima,WA 98907 PO Box 2830 Yakima,WA 98901 info@yakimavalleytrolleys.org Yakima,WA 98907 keithk@wasteconnections.com Yakima Tieton Irrigation District SEPA REVIEWING AGENCIES_u dated Sandra Hull, p 470 Camp 4 Rd 08/20/2021 Yakima,WA 98908 Type of Notice: ha kIkk RA°\I G COV'V ' File Number: VI) u0 —Z) ,'QL24 02 2 i, L Z 01c-2 , Date of M ng: ►Z 1 L+I Q I DOC. INDEX 152 Dianna Woods,CFM Jeff Swan Gwen Clear Sydney Hanson Yakima County Public Services 920 Bell Ave Dept. of Ecology Dept.of Archeology& 128 N.2nd St. Yakima,WA 98908 crosepa@Acv.wa.aov Historic Preservation Yakima,WA 98901 I bswan20 I3ia'7.amai l.com Svdnev.hanson@dahp.wa.gov dahp.wa.gov Dianna.woods(2 cn.Yakima.wa.us In-House Distribution E-mail List Revised 09/02/2021 Name Division E-mail Address Silvia Corona Clerk's Office Silvia.Corona(alvakimawa.gov Lisa Maxey Code Administration Lisa.Maxey(w,vakimawa.gov Glenn Denman Code Administration Glenn.Denman a[lvakimawa.gov John Zabel] Code Administration John.Zabell@yakimawa.aov Kelli Horton Code Administration Kclli.Horton@yakimawa.eov Pedro Contreras Code Administration Pedre.Contrerasayakimawa.gov Suzanne DeBusschere Code Administration Suzanne.DebusschereQiyakimawa.gov Tony Doan Code Administration Tony.Doan@yakimawa.gov Joan Davenport Community Development Joan.Davenport(cr�,yakimawa.gov Rosalinda Ibarra Community Development Rosalinda:Ibarra@yakimawa.aov Bill Preston Engineering Bill.nreston(avakimawa.gov_ Dan Riddle Engineering Dan.Riddle cr vakimawa.gov Aaron Markham Fire Aaron.markham c(t7iyakimawa.gov Jeremy Rodriguez Fire Jeremy.RodrieuezAvakimawa.goy Sara Watkins Legal Sara.Watkins�7a,yakimawa.gov. Archie Matthews ONDS Archie.Matthews(c�yakimawa.aov Joseph Calhoun Planning Joseph.Caihoun( yakimawa.aov Analilia Nunez Planning Anal ilia.nunez iyakimawa.gov Matt Murray Police Matthew.murrav( yakimawa.gov Scott Schafer Public Works Scott.Schafer[r11ivakimawa.gov Loretta Zammarchi Refuse Loretta.Zammarchi@yakimawa.gov Randy Layman Refuse Randy•Lavman(a1yakimawa.gov Gregory Story Transit Gregory.StorvRvakimawa.gov James Dean Utilities James.Dean vakimawa.gov Dana Kallevig Wastewater Dana.Kallevig@yakimawa.gov Randy Meloy Wastewater Randy.Meloyeyakimawa. ov Dave Brown Water/Irrigation David.Brown@vakimawa.gov vakimawa.gov Mike Shane Water/Irrigation Mike.Shane@yakimawa.gov Outside Distribution Name Address Included In Mailing? Pacific Power Attn:Estimating Department 500 N Keys Rd,Yakima, WA 98901 121.Yes 0 No (Subdivision notices ONLY1 Type of Notice: '1 r Q, VkpirA 0 1 knyt6 File Number s): VD* 00 '�1 i 1pti �/1 X L z G L2 0 Z j L TLC 1q- Date of Mails g: ,21 i_ vj Dock INDEX 153 Project Name: GREG &ADELE BAINTER 7j urs\ !///11\® Site Address: 502 S 90TH AVE P C1 �, CITY OF YAKIMA File Number(s): PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 n n 1 rl[`J Proposal: Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots (total of 40 residential units) with internal access by private streets, located in the B-2 zoning district. VICINITY MAP 0 ri f/ l� I �t• !'rl'I[•I2 r ,:zfr ^�1 f _ SITE . _ _ - L Map Disclaimer: Information shown on this map is for planning and illustration purposes only.The City of Yakima assumes no liability for any errors,omissions,or inaccuracies in the information provided or for any ir- yl action taken,or action not taken by the user in reliance upon any maps or information provided herein. t, Date Created:4/21/2021 154 Nunez, Analilia From: Nunez, Analilia Sent: Tuesday, November 02, 2021 2:45 PM To: Claar Tee, Sonya Subject: Public Hearing for Greg &Adele Bainter- PD#002-21, PLP#002-21, CL2#019-21, SEPA# 010-21, TCO#008-21 Attachments: SEPA Agencies E-mail Distribution List_updated 10.06.2021; Local Media List_ 09.16.2021; In-House Distribution E-mail List_updated 09.02.2021;VicinityMap_Bainter- PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21.pdf Hi Sonya, Please have the public hearing notice emailed to these distribution lists:in-house Distribution E-mail List updated 09.02.2021,Local Media List 09.16.2021,and SEPA Agencies E-mail Distribution List updated 10.06.2021. Also, please email the notice to the following parties of record: Diana Woods,Yakima County Public Services-Dianna.woods@co.yakima_wa.us Gwen Clear, Dept. of Ecology-crosepa@ecy.wa.gov Sydney Hanson, Dept. of Archeology&Historic Preservation-Sydney.hansonPdahp.wa.gov Jeff Swan-Jbswan2013@gmail.com Nick Awad-nickawad@live.com PLSA Engr&Surveying-Tom Durant-tdurant@plsaofyakima.com I have attached the vicinity map and I am bringing down labels shortly. Analilia Nunez Planning Technician City of Yakima Planning Division p: 509.575.6261 129 North 2nd Street, Yakima,Washington, 98901 0®®11174 YP ►� ►t tanning DOCK •J''V:�I�iI\ 155 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008-21 Greg and Adele Bainter 502 S. 90th Ave. I, Analilia Nunez, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Recommendation; a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, parties of record, and all property owners of record within a radius of 300 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 this 12th day of September, 2021. That I mailed said notices in the manner herein set forth and that all of the star nts made herein are just and true. •ilia Nunez Planning Technician DOC. INDEX 156 18133021434 -' 18131934512 18131934006 BAINTER G UP LLC JBS PROPERTIES INC BENNETT K OSBORNE 9004 TI N DR 1819 S 4TH AVE 9003 TIETON DR YA WA 98908 YAKIMA,WA 98903 YAKIMA,WA 98908 18131934008 18133022004 18133022407 BENNE OSBORNE BRUCE L&REBECCA A SANISLO CARL R&JENNIFER K TATE NEUMAN 9003 TON DR 9208 TIETON DR 603 S 92ND AVE Y IMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131934407 18131934408 18133022408 EDWIN & ILA MILLER FREDDY L&POK NAM BRICENO GILBERT DELL DANIELS TRUST 9007 TIETON DRIVE 9005 TIETON DR 1203 E ROSE LN UNIT 7 YAKIMA,WA 98908 YAKIMA,WA 98908 PHOENIX,AZ 85014 18133021401 18133021433 18133021013 GREGORY DELE BAINTER GREGORY W&ADELE BAINTER JEANNETTE MARTIN 9004 TI DR 9004 TIETON DR 5808 SUMMITVIEW AVE, STE A, PMB YAKIVrA,WA 98908 YAKIMA,WA 98908 403 YAKIMA,WA 98908 18131933562 18133021001 18133021009 JEFFREY B SWAN LINDA D SEAMAN MAX MICHAEL&KATE RUTGER 9200 BELL AVE 8902 TIETON DR 705 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18133021435 18133021436 _,, 18131934521 MICHAEL&KELLY MENARD SUGDEN MICHAEL&KELLY A SUGDEN PATRICK&JEAN CHITTIM 8910 TIETON DR 8910 TIETONJ3 8911 TIETON DRIVE YAKIMA,WA 98908 YAKI, 98908 YAKIMA,WA 98908 18133021011 18133022406 18133021012 RICHARD C&RENEE PECK RONALD L& KATHLEEN BRITT TRACY DAVIS 703 S 92ND AVE 412 N 68TH AVE 609 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131933540 22 WILLIAM &MERRY L STURM Total Parcels-Greg&Adele Bainter- DLT CONSTRUCTION LLC 9203 TIETON DR PD#002-21, PLP#002-21, CL2#019-21, PO BOX 268 YAKIMA,WA 98908 SEPA#010-21,TCO#008-21 WAPATO,WA 98951 TOM DURANT Ok ft, I G PLSA ENGINEERING&SURVEYING 521 N 20TH AVE, STE 3 c�1/1-Y 1d�IZ IL 1 YAKIMA,WA 98902 7N` 1 DOC. INDEX * Pt ot 157 In-House Distribution E-mail List Revised 09/02/2021 Name Division E-mail Address Silvia Corona Clerk's Office Silvia.Coronafilivakimawa.gov Lisa Maxey Code Administration Lisa.MaxeyRyakimawa.gov Glenn Denman Code Administration Glenn.Denman iyakimawa.gov John Zabell Code Administration John.Zabell(h'akimawa.gov Kelli Horton Code Administration Kell i.Horton rryakimawa.gov Pedro Contreras Code Administration Pedro.Contreras(2 iyakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Tony Doan Code Administration Tony.Doan@yakimawa.gov Joan Davenport Community Development Joan.Davenport ti yakimawa.gov Rosalinda Ibarra Community Development Rosalinda.lbarraOyakimawa.gov Bill Preston Engineering Bill.preston@vakimawa.gov Dan Riddle Engineering Dan.Riddleayakimawa.gov Aaron Markham Fire Aaron.markham@vakimawa.gov Jeremy Rodriguez Fire .Jeremy.Rodriauez(a,vakimawa.gov Sara Watkins Legal Sara.Watkins@yakimawa.gov. Archie Matthews ONDS Archie.Matthews cr,yakimawa.gov Joseph Calhoun Planning Joseph.CalhounQyakimawa.gov Analilia Nunez Planning Analilia.nune2Qyakimawa.gov Matt Murray Police Mattliew.tnurray a,vakimawa.aov Scott Schafer Public Works Scott.Schafer±@vakimawa.gov Loretta Zammarchi Refuse Loretta.Zammarchi@vakitnawa.gov Randy Layman Refuse Randy.Layman[rlvakimawa.gov Gregory Story Transit Gregorv.StorvAyakimawa.gov James Dean Utilities James.Dean@yakimawa.gov Dana Kallevig Wastewater Dana.Kallevie,@yakimawa.gov Randy Meloy Wastewater Randv.MeloyOyakimawa.gov Dave Brown Water/Irrigation David.Brown@vakimawa.gov Mike Shane Water/Irrigation Mike.Shane(a�vakimawa.gov Outside Distribution Name Address In5.luded In Mailing? Pacific Power Attn: Estimating Department 500 N Keys Rd,Yakima,WA 98901 4, Yes - fo (Subdivision notices ONLY) Type of Notice: N O� b y LO ,ttek O1 4Tttri File Number(s): f Do 2- 2,1 i L r -obz,z Al C4 2 D 9-21 Date of Mailing: q i �Z I Z DOC. INDEX 158 Nunez, Analilia From: Nunez, Analilia Sent: Tuesday, October 12, 2021 4:35 PM To: Brown, David; Calhoun,Joseph; Contreras, Pedro; Corona, Silvia; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Doan, Tony; Horton, Kelli; Ibarra, Rosalinda; Kallevig, Dana; Layman, Randy; Markham, Aaron; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Murray, Matthew; Nunez, Analilia; Preston, Bill; Riddle, Dan; Rodriguez,Jeremy; Schafer, Scott; Shane, Mike; Story, Gregory; Watkins, Sara;Zabel!, John; Zammarchi, Loretta Cc: Crowell, Eric; 'nickawad@live.com'; 'tdurant@plsaofyakima.com' Subject: NOTICE OF HE RECOMENDATION_Bainter- PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008-21 Attachments: NOTICE OF HE RECOMENDATION_Bainter - PD#002-21, PLP#002-21, CL2#019-21, ....pdf Attached is a Notice of Hearing Examiner's Recommendation to City Council regarding the above-entitled project. If you have any questions about this proposal, please contact assigned planner Eric Crowell at eric,crowell(ya kimawa.qov. Analilia Nunez Planning Technician City of Yakima Planning Division p: 509.575.6261 129 North 2nd Street,Yakima,Washington, 98901 Il 1► 1k P a n'n'l?n g DOC. INDEX 1 ' DEPARTMENT OF COMMUNITY DEVELOPMENT 159 111 1‘‘, Joan Davenport, AICP, Director Cltr aF vnlC�M Planning Division P a n n i n g Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: October 12, 2021 TO: Applicant, Adjoining Property Owners and Parties of Record SUBJECT: Notice of the Hearing Examiner's Recommendation FILE #(S): PD#002-21, CL2#019-21, PLP#002-21 & SEPA#010-21 APPLICANT: PLSA Engr& Surveying - Tom Durant, on behalf of Greg & Adele Bainter PROJECT LOCATION: 502 S. 90th Ave. On October 7, 2021, the City of Yakima Hearing Examiner rendered their recommendation on PD#002-21, CL2#019-21, PLP#002-21 & SEPA#010-21, a master plan development to subdivide one parcel of 5.2 acres into 20 residential duplex lots (total of 40 residential units) with internal access by private streets, located in the B-2 zoning district. The applications were reviewed at an open record public hearing held on September 9, 2021. Enclosed is a copy of the Hearing Examiner's Recommendation. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance, you may contact Senior Planner Trevor Martin at (509) 575-6162 or email to: trevor.martin@yakimawa.gov. Trevor Martin Senior Planner Date of Mailing: October 12, 2021 Enclosures: Hearing Examiner's Recommendation O,S Yakima 94 19 � 1994 160 r .r r r WIC, DEPARTMENT OF COMMUNITY DEVELOPMENT //I Al ■VAL% Joan Davenport,AICP, Director PlanningDivision PlCITY of YAKIMA anning Joseph Calhoun,Manager 129 North Second Street,2nd Floor,Yakima,WA 98901 ask.planning@yakimawa.gov•www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, September 9, 2021 Beginning at 9:00 a.m. City Council Chambers I. CALL TO ORDER II. INTRODUCTION II. PUBLIC HEARING A. ROBERTO ARTEAGA/ARACELI GONZALES TELLO 03/29/2021 PD#001-21 PLANNER: Eric Crowell ADDRESS: 9503,9509,9515 Tieton Dr. REQUEST: Master planned development consisting of seven residential lots,to be improved with 14 duplex units(ranging from 9,404 sq ft to 10,063 sq ft in size),and a 19,576 sq ft commercial lot, located in the R-1 zoning district. B. GREG&ADELE BAINTER 04/19/2021 PD#002-21 PLANNER: Trevor Martin ADDRESS: 502 S.90`h Ave. REQUEST: Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots(total of 40 residential units)with internal access by private streets,located in the B-2 zoning district. C. KERRY& GINA MARTIN 04/30/2021 RZ#006-21 PLANNER: Trevor Martin ADDRESS: 706 S.48`"Ave. REQUEST: Proposed change to the Future Land Use map designation for one parcel from Low Density Residential to Community Mixed-Use and concurrent rezone from Single- Family Residential(R;1)to Local Business(B-2),and proposed multi-family development consisting of 14 apartment units with 29 parking spaces and associated site improvements. IV. ADJOURNMENT Yakima The staff recommendation report on the listed project(s)is available online at:www.buildingyakima,com i DOC. 2015 1994 1 NDEK 161 ►► Mx SIGN-IN SHEET / _:--1 11►_ P 'Finn`i n'g City of Yakima HEARING EXAMINER PI a n n n�g City Hall Council Chambers Thursday, September 9, 2021 Beginning at 9:00 a.m. Public Hearings _ CASE FILE# PROJECT NAME SITE ADDRESS A. PD#001-21 ARTEAGA& GONZALEZ-TELLO 9503,9509,9515 Tieton Dr. B. PD#002-21 GREG&ADELE BAINTER 502 S.90'h Ave. C. RZ#006-21 KERRY&GINA MARTIN 706 S.48th Ave. PLEASE WRITE LEGIBLY Agenda ZIP Item of NAME MAILING ADDRESS or E-MAIL I CODE Interest _ /141 _ 4 w+ vr` 5 Z) N. Zo A'vC Ste.�t 3 cl k4 Z #N5 v� Za a,S tsk, cip% DCO. twOFX Page 1 09/09/2021 HE Hearings ,q�����` DEPARTMENT OF COMMUNITY DEVELOPMENT 162 #11111W Joan Davenport, AICP, Director �•� Planning Division Planning Joseph Calhoun, Manager 129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, September 9, 2021 Beginning at 9:00 a.m. City Council Chambers I. CALL TO ORDER II. INTRODUCTION II. PUBLIC HEARING A. GREG &ADELE BAINTER 04/19/2021 PD#002-21 PLANNER: Trevor Martin ADDRESS: 502 S. 90th Ave. REQUEST: Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots(total of 40 residential units)with internal access by private streets, located in the B-2 zoning district. B. ROBERTO ARTEAGA/ARACELI GONZALES TELLO 03/29/2021 PD#001-21 PLANNER: Eric Crowell ADDRESS: 9503, 9509, 9515 Tieton Dr. REQUEST: Master planned development consisting of seven residential lots,to be improved with 14 duplex units(ranging from 9,404 sq ft to 10,063 sq ft in size),and a 19,576 sq ft commercial lot, located in the R-1 zoning district. IV. ADJOURNMENT DOC. dt!i ) Yakima The staff recommendation report on the listed project(s) is available online at:www.buildingyakima.com 2015 1994 163 Hearing Examiner Packet AGENDA, Sara Watkins Archie Matthews STAFF REPORT,SITE PLAN AND City Legal Department ONDS MAPS Sara.watkinsyakimawa.gov Archie.matthewsCa7vakimawa.gov Updated 06/17/2021 Dana Kallevig Joan Davenport Wastewater Division Bill Preston Dana.kallevicavakimawa.gov Community Development City Engineer Joan.davenport(avakimawa.gov Bill.greston( vakimawa.aov Rosalinda Ibarra Joseph Calhoun Yakima County Planning Manager Community Development Planning Manager Thomas Carroll Rosalinda.ibarra@yakimawa.gov Josevh.calhounAyakimawa.gov Thomas.CarroIl vakimawa.gov Yakima County Public Services Yakima County Commissioners Analilia Nunez Lisa Freund Commissioners.webAco.yakima.wa.us Planning Technician Lisa.Freund@co.vakima.wa.us Analilia.nunez@yakimawa.gov DON'T FORGET TO SEND ONE TO Binder Copy THE APPLICANT&PROPERTY OWNER For the Record/File CCC. !EX' J 164 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#010-21 Greg and Adele Bainter 502 S. 90th Ave. I, Analilia Nunez, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Mitigated Determination of Non-Significance (MDNS); a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of subject property, listed SEPA agencies and all 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 30th day of July,2021. That I mailed said notices in the manner herein set forth and that all of the state is made herein are just and true. Analilia Nunez Planning Technician c_Sb 165 18133021434 18131934512 18131934006 BAINTER GR0,LPFILLC JBS PROPERTIES INC BENNETT K OSBORNE 9004 TIET DR 1819 S 4TH AVE 9003 TIETON DR YAKI ,WA 98908 YAKIMA,WA 98903 YAKIMA,WA 98908 18131934008 18133022004 18133022407 BENNETT K OSS BRUCE L&REBECCA A SANISLO CARL R&JENNIFER K TATE NEUMAN 9003 TIETO 9208 TIETON DR 603 S 92ND AVE YAKIM A 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131934407 18131934408 18133022408 EDWIN & ILA MILLER FREDDY L& POK NAM BRICENO GILBERT DELL DANIELS TRUST 9007 TIETON DRIVE 9005 TIETON DR 1203 E ROSE LN UNIT 7 YAKIMA,WA 98908 YAKIMA,WA 98908 PHOENIX,AZ 85014 18133021401 , — 18133021433 18133021013 GREGORY W ADELE BAINTER GREGORY W&ADELE BAINTER JEANNETTE MARTIN 9004 TIE DR 9004 TIETON DR 5808 SUMMITVIEW AVE, STE A, PMB YA , WA 98908 YAKIMA,WA 98908 403 YAKIMA,WA 98908 18131933562 18133021001 18133021009 JEFFREY B SWAN LINDA D SEAMAN MAX MICHAEL&KATE RUTGER 9200 BELL AVE 8902 TIETON DR 705 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18133021435 18133021436 18131934521 MICHAEL&KELLY MENARD SUGDEN MICHAEL&KEL EIVARD SUGDEN PATRICK&JEAN CHITTIM 8910 TIETON DR 8910 TIET R 8911 TIETON DRIVE YAKIMA,WA 98908 YA ,WA 98908 YAKIMA,WA 98908 18133021011 18133022406 18133021012 RICHARD C& RENEE PECK RONALD L& KATHLEEN BRITT TRACY DAVIS 703 S 92ND AVE 412 N 68TH AVE 609 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131933540 22 WILLIAM&MERRY L STURM Total Parcels-Greg&Adele Bainter- DLT CONSTRUCTION LLC 9203 TIETON DR PD#002-21, PLP#002-21, CL2#019-21, PO BOX 268 YAKIMA,WA 98908 SEPA#010-21,TCO#008-21 WAPATO,WA 98951 TOM DURANT A t , M , PLSA ENGINEERING&SURVEYING 1v V 521 N AVE, STE 3 �� A 1 2 1 Z 1 YAKIMAA,,W WA 98902 iLC•". !i 1 .. ( a - ii ; 166 WA State Dept of Archaeology&Historic WA State Dept of Health,Office of WA State Energy Facility Site Evaluation Preservation Drinking Water Council 1063 S Capitol Way,Ste 106 Jamie Gardipe Jamie.gardipe@doh.wa.gov Stephen Posner,SEPA Officer Olympia,WA 98504-8343 16201 E Indiana Ave,Ste#1500 PO Box 43172 Sepa@dahp.wa.gov Spokane Valley,WA 99216 Olympia,WA 98504-3172 SEPA.reviewteam@doh.wa.gov sposner@utc.wa.gov WA State Environmental Protection WA State Governor's Office of Indian WA State Parks&Recreation Commission Agency Affairs Jessica Logan, NEPA Review Unit PO Box 40909 P.O.Box 42650 1200 6th Ave.#155,14 D-12 Olympia,WA 98504 Olympia,WA 98504 Seattle,WA 98101 jessica.logan@parks.wa.gov West Valley School District West Valley School District WSDOT Angela Von Essen,Asst.Supt Mike Brophy,Superintendent Paul Gonseth,Planning Engineer 8902 Zier Road 8902 Zier Road 2809 Rudkin Road Yakima,WA 98908-9299 Yakima,WA 98908 Union Gap,WA 98903 vonessensa@wvsd208.or* brophym@wvsd208.org gonsetp@wsdot.gov WSDOT South Central Region Planning WSDOT,Aviation Division Yakama Bureau of Indian Affairs Office Max Platts,Aviation Planner Superintendent SCplanninewsdo1.wa.goy 7702 Terminal St SW P.O.Box 632 Tumwater,WA 98501 Toppenish,WA 98948 pla ttst@wsdot.wa.gov Yakama Bureau of Indian Affairs Yakama Indian Nation,Cultural Resources Yakama Indian Nation,Yakima Tribal Rocco Clark,Environmental Coordinator Program Council P.O.Box 632 Johnson Meninick, Ruth Jim, Toppenish,WA 98948 P.O.Box 151 P.O.Box 151 Rocco.clark@bia.gov Toppenish,WA 98948 Toppenish,WA 98948 Yakama Nation Environmental Mgmt Yakama-Klickitat Fisheries Project Yakima County Building Department Program,Elizabeth Sanchey John Marvin, Harold Maclean,Building Official P.O.Box 151 760 Pence Road 128 North 2nd Street,4th Floor Toppenish,WA 98948 Yakima,WA 98909 Yakima,WA 98901 esanchey@vakama.com marj@yakamalish-nsn.gov harold.maclean@co.yakima.wa.us jmarvin@yakama.com Yakima County Commissioners Yakima County Health District Yakima County Planning Division Commissioners.web@co.yakima.wa.us Ryan Ibach,Director Tommy Carroll,Planning Manager 1210 Ahtanum Ridge Dr Ste#200 128 North 2nd Street,4th Floor Union Gap,WA 98903 Yakima,WA 98901 yhd@co.yakima.wa.us Thomas.Carroll©co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima County Planning Division Yakima County Public Services Yakima County Water Resources Division Jason Earles,Zoning/Subdivision Section Lisa Freund,Public Services Director Troy Havens,Manager 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 Yakima,WA 98901 lason.Eaeles@co.yaki ma.wa.us lisa.freund@co.yakima.wa.us Troy.-lavens@co.yakima.wa.us Yakima County Water Resources Division Yakima Greenway Foundation Yakima Regional Clean Air Agency Dianna Woods,Progam Analyst Kellie Connaughton,Executive Director Hasan Tahat,Compliance and Engineering 128 North 2nd Street,4th Floor 111 South 18th Street Division Supervisor Yakima,WA 98901 Yakima,WA 98901 186 Iron Horse Ct#101 Dianna.Woods@co.yakima.wa.us kellie@yakiniagreenway.org Yakima,WA 98901 hasan@yrcaa.org Yakima School District Yakima School District Yakima School District Jay Baucom,Director of Maintenance& Stacey Locke,Assistant Superintendent of Trevor Greene,Superintendent Operations Operations 104 North 4th Ave 104 North 4th Ave 104 North 4th Ave Yakima,WA 98902 Yakima,WA 98902 Yakima,WA 98902 L. 1;!.L EX i z grgene.trevor@yakimaschools.org batwom.jay@yakimaschools.org locke.stacev@vsc17.org ._�_ ^C G r, i - 167 Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Ann Brulotte,Executive Assistant 8113 W Grandridge Blvd Manager 10705-B Gilbert Road Kennewick,WA 99336 8 South 2nd Ave,Rm#304 Yakima,WA 98903-9203 Yakima,WA 98902 bethb@ahtanuin.net Charter Communications City of Union Gap City of Yakima-Airport Manager Dennis Henne,Development Director Rob Peterson,Director 1005 North 16th Ave P.O.Box 3008 2400 West Washington Ave Yakima,WA 98902 Union Gap,WA 98903 Yakima,WA 98903 dennis.henne@uniongapwa.gov rob.peterson@yakimaairterminn1.com City of Yakima-Engineering Division City of Yakima-Wastewater Division Federal Aviation Administration Dan Riddle,Street Inspector Marc Cawley,Wastewater Operations 2200 W.Washington Ave 129 N 2nd Street marc.cawley@yakimawa.gov Yakima,WA 98903 Yakima,WA 98901 Dana Kallevig,Utility Project Manager Dan.Riddle@yaknnawa.gov dana.ka tlevig@ya kimawa.gov Greater Yakima Chamber of Commerce Nob Hill Water Association North Yakima Conservation District 10 North 9th Street Bob Irving,Engineering Technician Manager Yakima,WA 98901 6111 Tieton Drive 1606 Perry Street,Ste.C chamber@yakima.org Yakima,WA 98908 Yakima,WA 98902 bob@nobhillwater.org Office of Rural and Farm Worker Housing Pacific Power U.S.Army Corps of Engineers,Regulatory Marty Miller, Mike Paulson, Branch 1400 Summitview Ave,Ste#203 500 North Keys Rd David Moore,Project Manager Yakima,WA 98902 Yakima,WA 98901 P.O.Box 3755 Martynx@orfh.org Seattle,WA 98124-3755 david.j.moore@usace.artny.mil United States Postal Service WA State Attorney General's Office WA State Department of Agriculture Maintenance Dept. 1433 Lakeside Court,Ste#102 Kelly McLain, 205 W Washington Ave Yakima,WA 98902 PO Box 42560 Yakima,WA 98903 Olympia,WA 98504 david.r.james@usps.gov kmclain@agr.wa.gov WA State Department of Commerce WA State Department of Ecology WA State Department of Ecology Review Team, Annie Szvetecz,SEPA Policy Lead Gwen Clear,Regional Coordinator 1011 Plum St SE P.O.Box 47703 1250 W Alder St Olympia,WA 98504-3172 Olympia,WA 98504-7703 Union Gap,WA 98903 reviewteam@comnnerce.wa.gov separegister@ecy.wa.gov crosepacoordinator@ecy.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Lori White, Rhonda Luke,Project Coordinator sepaunit@ecv.wa.gov Iori.white@ecy.wa.gov FonnerOrchards@ecy.wa.gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife, Eric Bartrand, Scott.Downes@dfw.wa.gov SEPA Desk 1701 South 24th Ave PO Box 43200 Yakima,WA 98902 WA State Department of Fish and Wildlife Olympia,WA 98504 Eric,Bartrand@dfw.wa.gov TeamYakima@dfw.wa.gov SEPAdesk@dfw.wa.gsw WA State Department of Health WA State Department of Natural WA State Department of Social&Health Kelly Cooper, Resources,SEPA Center Services,Office of Capital Programs PO Box 47820 PO Box 47015 Larry Covey Olympia,WA 98504 Olympia,WA 98504 • f• l5:0.Box 45848 Kelly.cooper@doh.wagov sepacenter@dnr.wa.gov . .5 61 Olympia,WA 98504 r---�-- - -l21a?ry.covey@dshs.wa.gov 168 Yakima Valley Canal Co Yakima Valley Conference of Governments Yakima Valley Museum Robert Smoot, Lynn Deitrick,Senior Planner Peter Arnold,Executive Director 1640 Garretson Lane 311 North 4th Street,Ste#202 2105 Tieton Drive Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98902 lynn.deitrickeyvcog.org peter@yvmuseum.org Yakima Valley Trolleys Yakima Valley Trolleys Yakima Waste Systems Paul Edmondson, PO Box 796 Keith Kovalenko,District Manager 313 North 3rd Street Yakima,WA 98907 PO Box 2830 Yakima,WA 98901 info@vakimavalleytrolleys.org Yakima,WA 98907 keithk@wasteconnections.com Yakima-Tieton Irrigation District Sandra Hull, SEPA REVIEWING AGENCIES_updated 470 Camp 4 Rd 08/20/2021 Yakima,WA 98908 Type of Notice: N \v 0 WON S File Number: S'-IP11- .its l ?A Date of Mailing: 11/v 1 2/ DOC. r � Se 169 In-House Distribution E-mail List Revised 06/14/2021 Name Division E-mail Address Silvia Corona Clerk's Office Silvia.Coronaavakimawa.gov Lisa Maxey Code Administration Lisa.Maxeyuyakimawa.gov Glenn Denman Code Administration Glenn.Denman(ayakimawa.gov John Zabell Code Administration John.Zabellavakimawa.gov Kelli Horton Code Administration Kelli.Horton( yakimawa.i ov Linda Rossignol Code Administration Linda.Rossignol©yakimawa.gov Pedro Contreras Code Administration Pedro.Contreras@,yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Tony Doan Code Administration Tony.Doan@yakimawa.aov Joan Davenport Community Development Joan.DavenoortQ,yakimawa.gov Rosalinda Ibarra Community Development Rosalinda.lbarra@yakimawa.gov Bill Preston Engineering Bill.preston@yakimawa.gov Dan Riddle Engineering Dan.Riddle a yakimawa.gov Aaron Markham Fire Aaron.markhamAyakimawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguez@vakimawa.gov Sara Watkins Legal Sara.Watkins[rrtyakimawa.gov. Archie Matthews ONDS Archie.Matthews@yakimawa.gov Joseph Calhoun Planning Joseph.Calhounfayakimawa.gov Analilia Nunez Planning Analilia.nunez c7yakimawa.gov Matt Murray Police Matthew.murray@yakimawa.gov Scott Schafer Public Works Scott,Schafer@yakimawa.gov Loretta Zammarchi Refuse Loretta.Zammarchi a,yakimawa.gov Randy Layman Refuse Randy.Layman@yakirnawa.gov Gregory Story Transit Gregory.Story@yakimawa.gov James Dean Utilities James.Dean@yakimawa.Rov Dana Kallevig Wastewater Dana.Kallevigrr,yakimawa.gov Randy Meloy Wastewater Randy.Meloy@yakimawa.gov Dave Brown Water/Irrigation David.Brown a,yakimawa,Rov Mike Shane Water/Irrigation Mike.Shane(c yakimawa.gov Outside Distribution Name Address Included In Mailing? Pacific Power Attn: Estimating Department 500 N Keys Rd,Yakima,WA 98901 ❑ Yes kNo (Subdivision notices ONLY) Type of Notice: MT) o f- A I9 r'J File Number(s): `o q trZli Date of Mailing: Q 1 170 Nunez, Analilia From: Nunez, Analilia Sent: Friday, July 30, 2021 4:40 PM To: Brown, David; Calhoun,Joseph; Contreras, Pedro; Corona, Silvia; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Doan, Tony; Horton, Kelli; Ibarra, Rosalinda; Kallevig, Dana; Layman, Randy; Markham, Aaron; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Murray, Matthew; Nunez, Analilia; Preston, Bill; Riddle, Dan; Rodriguez, Jeremy; Rossignol, Linda; Schafer, Scott; Shane, Mike; Story, Gregory; Watkins, Sara;Zabel!, John; Zammarchi, Loretta; Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - Former Orchards; Department of Ecology - Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Dept of Social & Health Services - Larry Covey; Dept.Archaeology& Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Henne, Dennis; Ibarra, Rosalinda; Kallevig, Dana; Nob Hill Water - Bob Irving; Nunez, Analilia; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Riddle, Dan; Sergio Garcia; US Army Corps of Engineers - David Moore;WA State Dept of Health, Kelly Cooper;WA State Dept of Health, Office of Drinking Water;WA State Dept of Health, Office of Drinking Water;WA State Parks & Recreation Commission;WSDOT - Paul Gonseth;WSDOT - South Central Regional Planning Office;WSDOT Aviation - Max Platts; WVSD - Angela Watts, Asst Supt of Bus/Fin;WVSD - Mike Brophy, Supt.; Yakama Bureau of Indian Affairs - Rocco Clark;Yakama Nation Environmental Management Program - Elizabeth Sanchey;Yakama-Klickitat Fisheries - John Marvin;Yakama-Klickitat Fisheries Project -John Marvin; Yakima County Building Official - Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District - Dianna Woods; Yakima County Flood Control District - Troy Havens;Yakima County Health District; Yakima County Health District - Ryan Ibach;Yakima County Planning - Manager- Tommy Carroll;Yakima County Planning -Zoning/Sub -Jason Earles;Yakima County Public Svcs Director, Lisa Freund;Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency - Hasan Tahat;Yakima School District -Jay Baucom; Yakima School District - Stacey Locke; Yakima School District - Trevor Greene;Yakima Valley Museum - Peter Arnold, Exec Director;Yakima Valley Trolleys;Yakima Waste Systems - Keith Kovalenko;YVCOG - Lynn Deitrick Cc: Martin,Trevor Subject: NOTICE OF MNDS_Bainter- SEPA#010-21 Attachments: NOTICE OF MNDS_Bainter- SEPA#010-21.pdf Attached is a Mitigated Determination of Nonsignificance regarding the above-entitled project. If you have any questions about this proposal, please contact assigned planner Trevor Martin at trevor.martincc vakimawa.gov. Analilia Nunez Planning Technician City of Yakima Planning Division p: 509.575.6261 129 North 2nd Street, Yakima,Washington, 98901 1 171 at■ ■wlicik DEPARTMENT OF COMMUNITY DEVELOPMENT '/01/i 110%. Joan Davenport, AICP, Director i , YAKIMA P l a n n iPlanning Division n a Joseph Calhoun, Manager 129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON July 30, 2021 PROJECT DESCRIPTION: Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots (total of 40 residential units) with internal access by private streets, located in the Local Business (8-2) zoning district. LOCATION: 502 S. 90th Ave. PARCEL NUMBER: 181330-21433 PROPONENT: PLSA Engineering & Surveying do Tom Durant PROPERTY OWNER: Gregory W&Adele Bainter LEAD AGENCY: City of Yakima FILE NUMBERS:PD#002-21, PLP#002-21, CL2#019-21, &SEPA#010-21 DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under ROW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. I. FINDINGS A. Project History 1. On April 19, 2021, PLSA Engineering and Surveying, on behalf of Gregory and Adele Bainter, submitted an Environmental Review (SEPA#010-21)for a to subdivide one parcel of 5.2 acres into 20 residential duplex lots (total of 40 residential units). B. Development Services Team (DST) Comments—A DST meeting for the project was held on July 10, 2021. Comments from the DST meeting will be incorporated into report and recommendation to the Yakima Hearing Examiner. C. On June 30, 2021, the Department of Archaeology and Historic Preservation (DAHP) provided written comments which stated: 1. "...Our statewide predictive model indicates that there is a high probability of encountering cultural resources within the proposed project area. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues..." Yakima V ,. ..._Ex: ''ills' rr 2 'S 015 1994 172 Staff Response—An archaeological survey will be required as part of the MDNS conditions. D. On July 2, 2021, the Washington State Department of Ecology provided written comments which stated: 1. Historical aerial photos indicate your project is located on property that was occupied by orchard during the time period when lead arsenate was applied as a pesticide, often resulting in shallow soil contamination from lead and/or arsenic. Before proceeding, your project is required to conduct soil sampling under the Model Toxics Control Act (Chapter 173-340 WAC). 2. If sampling indicates elevated levels of lead and arsenic, cleanup will be required prior to occupancy. The Department of Ecology plans to use Model Remedies for lead and arsenic pesticide contamination in historical orchards of Central Washington. A Focus Sheet on the Model Remedies can be found at https://apes.ecology.wa.clov/publications/clocurnents/2109007_pdf 3. Compliance with a Model Remedy ensures your project meets the minimum standards of the Model Toxics Control Act, and if implemented as described, your property will be successfully cleaned up to Washington State standards. 4. Ecology can provide free initial sampling as well as free technical assistance for your project... 5. Project with Potential to Discharge Off-Site If your project anticipates disturbing ground with the potential for stormwater discharge off-site, the NPDES Construction Stormwater General Permit is recommended. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit may take 38-60 days. 6. The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) shall be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water and storm drains by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. 7. In the event that an unpermitted Stormwater discharge does occur off-site, it is a violation of Chapter 90.48 RCW, Water Pollution Control and is subject to enforcement action. More information on the stormwater program may be found on Ecology's stormwater website at: http:11www.ecv.wa.gov/programs/wci/stormwater/construction/. Staff Response—The site shall undergo soil sampling under the Model Toxics Control Act(WAC 173-340) before any building permits shall be issued for the subject project. The project shall submit for the NPDES Construction Stormwater General Permit, and a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan)prior to the issuance of any building permits for the subject project. II. CONCLUSIONS: A. A Notice of Application was sent out on April 19, 2021. Two SEPA agency comments were received. B. As mitigated, this proposal will have no adverse environmental impacts. Bainter SEPA#010-21 L C I' `-.''' s 2 tr- 5 173 III. REQUIRED MITIGATION MEASURES: This Mitigated Determination of Nonsignificance (MDNS) is hereby conditioned upon the following mitigated measures, as authorized under WAC 197-11-660 and Yakima Municipal Code 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 (SEPA). 1. A professional archaeological survey of the site shall be conducted, including consultation with the Yakama Nation, prior to any ground disturbing activities being permitted. 2. The soil shall be tested for lead and/or arsenic contamination in accordance with the Model Toxics Control Act. If elevated levels are found, cleanup shall be required prior to a certificate of occupancy. 3. NPDES Construction Stormwater General Permit shall be required; and 4. A Stormwater Pollution Prevention Permit (SWPPP) shall be required. ® This MDNS is issued under WAC 197-11-355. There is no further comment period on the MDNS. Responsible Official: Joan Davenport Position/Title: SEPA Responsible Official Phone j , -6183 Address 129 N. 2rtd Str g#`. klm WA 98901 Date: July 30, 2021 Signature y _ ® You may appeal this determ,r,atmii to: Joan Davenport, AICP, Director of Community Development, at 129 N. 2nd Street, Yakima, WA 98901 No later than August 10, 2021. By method: Complete appeal application form aj2glement of$5$O.0O!peal 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. Bainter SEPA#010-21 G "' "S 'a 3 174 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#002-21, PLP#002-21, CL2#019-21 Greg &Adele Bainter 502 S. 90th Ave I, Analilia Nunez, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, parties of record, listed SEPA agencies and all property owners of record within a radius of 300 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 29th day of July, 2021. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Analilia Nunez Planning Technician C C. I,'W 175 18133021434 18131934512 18131934006 BAINTER GRO}P-L1C JBS PROPERTIES INC BENNETT K OSBORNE 9004 TIET N'1JR 1819 S 4TH AVE 9003 TIETON DR YAKIM NA 98908 YAKIMA,WA 98903 YAKIMA,WA 98908 r 1813193 08 18133022004 18133022407 BE TT K OSBORNE BRUCE L&REBECCA A SANISLO CARL R&JENNIFER K TATE NEUMAN 9 3 TIETON DR 9208 TIETON DR 603 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131934407 18131934408 18133022408 EDWIN &ILA MILLER FREDDY L&POK NAM BRICENO GILBERT DELL DANIELS TRUST 9007 TIETON DRIVE 9005 TIETON DR 1203 E ROSE LN UNIT 7 YAKIMA,WA 98908 YAKIMA,WA 98908 PHOENIX,AZ 85014 18133021401 J. 18133021433 18133021013 GREGORY W ADELE BAINTER GREGORY W&ADELE BAINTER JEANNETTE MARTIN 9004 TI DR 9004 TIETON DR 5808 SUMMITVIEW AVE, STE A, PMB Y A, WA 98908 YAKIMA,WA 98908 403 YAKIMA,WA 98908 18131933562 18133021001 18133021009 JEFFREY B SWAN LINDA D SEAMAN MAX MICHAEL&KATE RUTGER 9200 BELL AVE 8902 TIETON DR 705 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18133021435 18133021436 18131934521 MICHAEL& KELLY MENARD SUGDEN MICHAEL& KELLY-METVARD SUGDEN PATRICK&JEAN CHITTIM 8910 TIETON DR 8910 TIET N'DR 8911 TIETON DRIVE YAKIMA,WA 98908 YAKIMA 98908 YAKIMA,WA 98908 18133021011 18133022406 18133021012 RICHARD C& RENEE PECK RONALD L&KATHLEEN BRITT TRACY DAVIS 703 S 92ND AVE 412 N 68TH AVE 609 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131933540 22 WILLIAM &MERRY L STURM Total Parcels-Greg&Adele Bainter- DLT CONSTRUCTION LLC 9203 TIETON DR PD#002-21, PLP#002-21, CL2#019-21, PO BOX 268 YAKIMA,WA 98908 SEPA#010-21,TCO#008-21 WAPATO,WA 98951 TOM DURANT 1 V \V vk ` "' 1 6 PLSA ENGINEERING&SURVEYINGy 521 N 20TH AVE, STE 3 �f` YAKIMA,WA 98902 / 1 1 1 176 In-House Distribution E-mail List Revised 06/14/2021 Name Division E-mail Address Silvia Corona Clerk's Office Silvia.Corona(avakimawa.aov Lisa Maxey Code Administration Lisa.Maxey axey@yakimawa.gov Glenn Denman Code Administration Glenn.Denman cr,yakintawa.gov John Zabell Code Administration John.Zabell@yakimawa.gov Kelli Horton Code Administration Kelli.Horton@yakimawa.gov Linda Rossignol Code Administration Linda.Rossignol[ayakimawagov Pedro Contreras Code Administration Pedro.Contreras@yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere t yakimawa.gov Tony Doan Code Administration Tony.Doan@yakimawa.gov Joan Davenport Community Development Joan.DavenportRyakimawa.gov Rosalinda Ibarra Community Development Rosalinda.Ibarratr,yakimawa.gov Bill Preston Engineering Bill.preston tr;yakimawa.gov Dan Riddle Engineering Dan.Riddlenyakimawa.gov Aaron Markham Fire Aaron.markham@yak imawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguez@yakimawa_gov Sara Watkins Legal Sara.Wat k i nsayakimawa.gov. Archie Matthews ONDS Archie.Matthews@yakimawa.gov Joseph Calhoun Planning Jose0h.Calhoun@yak i inawa.gov Analilia Nunez Planning A nalilia.nune4F4yakimawa.aov Matt Murray Police lvlatthew.murray@yakimawa.gov yakimawa.gov Scott Schafer Public Works Scott.Schafer(c yakimawa.gov Loretta Zammarchi Refuse Loretta.Zam march kayak imawa.uov Randy Layman Refuse Rand v.Layman(tyakimawa.gov Gregory Story Transit Gregorv.Story@yakimawa.gov -James Dean Utilities James.Dean(tl yak imawa.gov Dana Kallevig Wastewater Dana.Kallevigayakimawa.gov Randy Meloy Wastewater Randy.Me loy@yakimawa.gov Dave Brown Water/Irrigation David.BrownRvakimawa.gov Mike Shane Water/Irrigation Mike.Shane(tvakimawa.gov Outside Distribution Name Address Included In Mailing? Pacific Power Attn: Estimating Department 500 N Keys Rd,Yakima,WA 98901 E (Zes ❑ No (Subdivision notices ONLY) Type of Notice: Wit Di" Iv�k1' r r Ono File Number(s): O�t 0 0 2,'7 "l Date of Mailing: 11'2,1 I � -r~CC. 1;\s'EX;r r _1i , .r 177 Nunez, Analilia From: Nunez, Analilia Sent: Thursday,July 29, 2021 4:16 PM To: Brown, David; Calhoun,Joseph; Contreras, Pedro; Corona, Silvia; Davenport,Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Doan, Tony; Horton, Kelli; Ibarra, Rosalinda; Kallevig, Dana; Layman, Randy; Markham, Aaron; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Murray, Matthew; Nunez, Analilia; Preston, Bill; Riddle, Dan; Rodriguez, Jeremy; Rossignol, Linda; Schafer, Scott; Shane, Mike; Story, Gregory; Watkins, Sara;Zabel!, John;Zammarchi, Loretta;Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology- Former Orchards; Department of Ecology- Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Dept of Social & Health Services - Larry Covey; Dept.Archaeology& Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Henne, Dennis; Ibarra, Rosalinda; Kallevig, Dana; Nob Hill Water- Bob Irving; Nunez, Analilia; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Riddle, Dan; Sergio Garcia; US Army Corps of Engineers - David Moore;WA State Dept of Health, Kelly Cooper;WA State Dept of Health, Office of Drinking Water;WA State Dept of Health, Office of Drinking Water;WA State Parks & Recreation Commission;WSDOT - Paul Gonseth;WSDOT - South Central Regional Planning Office;WSDOT Aviation - Max Platts;WVSD - Angela Watts, Asst Supt of Bus/Fin;WVSD - Mike Brophy, Supt.;Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program - Elizabeth Sanchey; Yakama-Klickitat Fisheries -John Marvin; Yakama-Klickitat Fisheries Project -John Marvin; Yakima County Building Official - Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District - Dianna Woods; Yakima County Flood Control District - Troy Havens;Yakima County Health District; Yakima County Health District - Ryan Ibach;Yakima County Planning - Manager- Tommy Carroll; Yakima County Planning - Zoning/Sub -Jason Earles; Yakima County Public Svcs Director, Lisa Freund; Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency- Hasan Tahat;Yakima School District -Jay Baucom; Yakima School District - Stacey Locke; Yakima School District - Trevor Greene;Yakima Valley Museum - Peter Arnold, Exec Director;Yakima Valley Trolleys;Yakima Waste Systems - Keith Kovalenko; YVCOG - Lynn Deitrick; Brown, Michael; Davido, Sean; El Mundo; El Sol de Yakima; Fannin, John; KAPP TV News; KBBO-KRSE Radio - manager; KDNA Radio - Francisco Rios; KEPR TV News; KIMA TV News; KIT News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KNDU TV News; KUNW-TV Univision; KVEW TV News; La Casa Hogar; La Voz; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; RCDR- Maria DJ Rodriguez;Tu Decides - Albert Torres;West Valley School District - Angela Watts;Yakima Herald Republic - Mai Hoang; Yakima Herald Republic Newspaper; Yakima Valley Business Times; YPAC - Randy Beehler Cc: Martin,Trevor Subject: NOTICE OF PUBLIC HEARING_Bainter - PD#002-21, PLP#002-21, CL2#019-21 Attachments: NOTICE OF PUBLIC HEARING_Bainter - PD#002-21, PLP#002-21, CL2#019-21.doc....pdf Attached you will find a Notice of Public Hearing regarding the above-entitled project. If you have any questions about this proposal, please contact assigned planner Trevor Martin at trevor.martin@vakimawa.gov. DOC 1\...,£X g . 178 Ad Proof YAKIMA HERALD-REPUBLIC NOTICE OF APPLICANT:PLSA Engi- WE TELL YOUR STORIES YAKIMAHERALD.COM neering&Surveying c/o Tom Durant FILE NUMBER: El SOP Yakima PD#002-21,PLP#002-21, de CL2#019-21,SEPA#010-21 LOCATION:502 S.90th Ave., Yakima WA TAX PARCEL -Ad Proof- NUMBER(S):181330-21433 DATE OF APPLICATION: April 19,2021 DATE OF COMPLETENESS:June 14, 2021 PROJECT DESCRIP- This is the proof of your ad scheduled to run on the TION Master planned devel- opment to subdivide one parcel of 5.2 acres into 20 dates indicated below. residential duplex lots(total of 40 residential units)with inter- nal access by private streets, Please confirm placement prior to deadline located in the B-2 zoning district.NOTICE OF PUBLIC HEARING.This request by contacting your requires that the Hearing Examiner hold an open account rep at (509) 577-7740. record public hearing,which is scheduled for September 9,2021 at 9:00 a.m.,in the City of Yakima Council Cham- Date: 97/30/21 Run Dates: bers,City Hall,129 N,2nd Yakima Herald-Republic 07/31/21 St.,Yakima,WA.Any person desiring to express their views Account#: 110358 YakimaHerald.com 07/31/21 on the matter is invited to Company Name: CITY OF YAKIMA PLANNING attend the hearing to provide testimony.Please reference file numbers(PD#002-21, Contact: ROSALINDA IBARRA,AP PLP#002-21,CL2#019-21, &SEPA#010-21)and appli- cant's name(Bainter)in any Address: 129 N 2ND STREET correspondence you submit. YAKIMA,WA 98901-2720 You can mail your comments to:Joan Davenport,AICP, Community Development Telephone: (509)575-6164 Director City of Yakima, Department of Community Fax: Development 129 N.2nd St.;Yakima,WA 98901 NOTICE OF RECOMMMN• DATION Following the public Ad ID: 982956 hearing,the Hearing Exam- iner will issue a recommenda- tion within ten(10)business Start: 07/31/21 days,When available,a copy of the recommendation Stop: 07/31/21 will be mailed to parties of record and entities who were provided this notice.The Total Cost: $131.40 file containing the complete #of Inserts: 2 application is available for public review at the City of Lines: 70.0 Yakima Planning Division, Ad Class: 6021 City Hall—2nd Floor,129 N. 2nd St.,Yakima,WA.If you Ad Class Name: Public Legal Notices have questions regarding this Account Rep: Simon Sizer proposal,please call Trevor Phone# (509)577-7740 Martin,Associate Planner,at (509)575-6162,ore-mail to Email: ssizer@YAKIMAHERALD.COM trevor.martin@yakimawa.gov (982956)July 31,2021 DO ! EX 179 NOTICE OF PUBLIC HEARING APPLICANT; vPL d Efgi- noarITOrn Duraant F .E M11Wa>FR: PLP41102.2I Call1019.2I.$EFAI'010,21 L OI'AT ON:6r)2S 96111 Ave.. wakfria1 TA%PAHCEL NUMBER ): :330-2iraj DATE OF PPUCATION: April 19,2021 DATE OF O DMPLETENES.9:jive 14, 2021 JEcTJlEECRIP- TlOM MOt1T pinanOJ devul• opment to subdivide one parcel of 5 2 acres into 20 u+coenbol oloptp rota(taut OI +l0 rueIdenn units'wthrttl fYen 10f�d S Ih�p"r`'aIb kri elroaha, B.2 max dlr.041. 11U Q f HPAplMgw This reQUERI nogg Od that Ihi Hanna E'bmfvv Niroarn open mead 16 ea publi Morin.ut;cn, $Optombm 101021 V/MOO a.m. s.•Ihe Cilk01 YeN11nn V*,-1: L`hmr tars,City HA>I,129 N gn:I s).Ya4ma•WA Aryperxori otamvpj ID kris fteIr nQ�ryy or Iht hrdrrrrro ln■Ii{j to B112nd the haar1177 prc.sJe Iosimpny. sgr+9Mrenae liq r1Jr;tirq(PPluo2.2t PLAID02-21,CL2s01B-21. S SEPJA1010.21)aria spiji. 0±n1 name(Renton}M airy carneailoorriwKeytueubmll. You can.mal you poeyrys,ys In:JOtn Gover p rt.AID; Cbr.mundLy Dbvolopmglll Olneelt*CllY or Y}Ma/ne, U0pertrrronl Or Cbrrenuriry Or1eI pmen1 r2Bri,2nd 91.;Yeklms, 96901 �JQIICE Or_S.E ►MMENJr 0.ATJQ/FcIgwiira am public INFtioenrrg F am• Inir Istuo 0 f 0cmmono . lion w,thlry ran,Mil limn dam When m'sl.bs10,a C+Gpr or inn raGerrrrnPeplahGn wll 441n1-railod to paw el +dtord anq gIH111ovatvD ware Pr G6tl this notes Thelr�d4ar+minIrrp:fro ramplgle o PptrS,b'+Is avails*u for publ.t weft*1 Ihe4Iy ar 1'aloma PI1nnir Ekyro� �nH�l 2n4 Floor 129 ry. 2nd 51,Yakkro,WA 11 you heat.m+osu orbs{hperdrng tNd o rop:ee!.Obese col Trevor MAMA.AiSCQ1310 Manner,al 9l1,:75.3182.or a.,n,w lu travor,marti n @ yakimawa.gov (982956)July 31,2021 — . � 180 DEPARTMENT OF COMMUNITY DEVELOPMENT ANY a■■V% Joan Davenport, AICP, Director # ■ ■►\'► 41111 IIM6. Planning Division PlCITY OF YAKIMA Joseph Calhoun,Manager annIng129 North Second Street,2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov •www.yakimawa.gov/services/planning NOTICE OF PUBLIC HEARING DATE: July 29, 2021 TO: Applicant and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director APPLICANT: PLSA Engineering & Surveying do Tom Durant FILE NUMBER: PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 LOCATION: 502 S. 90°r'Ave.., Yakima WA TAX PARCEL NUMBER(S): 181330-21433 DATE OF APPLICATION: April 19, 2021 DATE OF COMPLETENESS: June 14, 2021 PROJECT DESCRIPTION Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots(total of 40 residential units)with internal access by private streets, located in the B- 2 zoning district. NOTICE OF PUBLIC HEARING. This request requires that the Hearing Examiner hold an open record public hearing, which is scheduled for September 9, 2021 at 9:00 a.m., in the City of Yakima Council Chambers, City Hall, 129 N. 2nd St., Yakima,WA.Any person desiring to express their views on the matter is invited to attend the hearing to provide testimony. Please reference file numbers(PD#002-21, PLP#002- 21, CL2#019-21, &SEPA#010-21) and applicant's name(Bainter) in any correspondence you submit.You can mail your comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St.; Yakima, WA 98901 NOTICE OF RECOMMENDATION Following the public hearing, the Hearing Examiner will issue a recommendation within ten (10) business days When available, a copy of the recommendation will be mailed to parties of record and entities who were provided this notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N. 2nd St.,Yakima,WA. If you have questions regarding this proposal, please call Trevor Martin,Associate Planner, at(509) 575-6162, or e-mail to trevor.martin@yakimawa.gov Yakima 1994 181 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#002-21,PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008-21 Greg &Adele Bainter 502 S 90th Avenue I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Environmental Review; 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 300 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 16th day of Tune,2021. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 42_ ba_A--- Rosalinda Ibarra Community Development Administrative Assistant EX 182 16133021434 18131934512 18131934006 BAINTER 4bUP LLC JBS PROPERTIES INC BENNETT K OSBORNE 9004 TIC ON DR 1819 S 4TH AVE 9003 TIETON DR YAKI, A,WA 98908 YAKIMA,WA 98903 YAKIMA,WA 98908 18131934008 18133022004 18133022407 6ENNE OSBORNE BRUCE L&REBECCA A SANISLO CARL R&JENNIFER K TATE NEUMAN 9003 TON DR 9208 TIETON DR 603 S 92ND AVE Y MA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131934407 18131934408 18133022408 EDWIN& ILA MILLER FREDDY L& POK NAM BRICENO GILBERT DELL DANIELS TRUST 9007 TIETON DRIVE 9005 TIETON DR 1203 E ROSE LN UNIT 7 YAKIMA,WA 98908 YAKIMA,WA 98908 PHOENIX,AZ 85014 18133021401 18133021433 18133021013 GREGORY W ?.,ALE BAINTER GREGORY W&ADELE BAINTER JEANNETTE MARTIN 9004 TIET9Nt R 9004 TIETON DR 5808 SUMMITVIEW AVE, STE A, PMB YAKIMA.,-WA 98908 YAKIMA,WA 98908 403 YAKIMA,WA 98908 18131933562 18133021001 18133021009 JEFFREY B SWAN LINDA D SEAMAN MAX MICHAEL&KATE RUTGER 9200 BELL AVE 8902 TIETON DR 705 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18133021435 18133021436 18131934521 MICHAEL& KELLY MENARD SUGDEN MICHAEL& KELLY M RD SUGDEN PATRICK&JEAN CHITTIM 8910 TIETON DR 8910 TIETON D 8911 TIETON DRIVE YAKIMA,WA 98908 YAKIMA 8908 YAKIMA,WA 98908 18133021011 18133022406 18133021012 RICHARD C&RENEE PECK RONALD L& KATHLEEN BRITT TRACY DAVIS 703 S 92ND AVE 412 N 68TH AVE 609 S 92ND AVE YAKIMA,WA 98908 YAKIMA,WA 98908 YAKIMA,WA 98908 18131933540 22 WILLIAM&MERRY L STURM Total Parcels-Greg&Adele Bainter- DLT CONSTRUCTION LLC 9203 TIETON DR PD#002-21, PLP#002-21, CL2#019-21, PO BOX 268 YAKIMA,WA 98908 SEPA#010-21,TCO#008-21 WAPATO,WA 98951 TOM DURANT n oI -1, b1 -h 3 PLSA ENGINEERING&SURVEYING �+ 521 N 20TH AVE, STE 3 SEPA el V+at) YAKIMA,WA 98902 tilirc/ aoa i+ DDC, WDEX ri 183 Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Ann Brulotte,Executive Assistant 8113 W Grandridge Blvd Manager 10705-B Gilbert Road Kennewick,WA 99336 8 South 2nd Ave,Rm#304 Yakima,WA 98903-9203 Yakima,WA 98902 bethb@ahtanum.net Charter Communications City of Union Gap City of Yakima-Airport Manager Dennis Henne,Development Director Rob Peterson,Director 1005 North 16th Ave P.O.Box 3008 2400 West Washington Ave Yakima,WA 98902 Union Gap,WA 98903 Yakima,WA 98903 dennis.henne@uniongapwa.gov rob.peterson@yakimaairterminal.com City of Yakima-Engineering Division City of Yakima-Wastewater Division Federal Aviation Administration Dan Riddle,Street Inspector Marc Cawley,Wastewater Operations 2200 W.Washington Ave 129 N 2nd Street marc.cawley@yakimawa.gov Yakima,WA 98903 Yakima,WA 98901 Dana Kallevig,Utility Project Manager Dan.Riddle@yakimawa.gov dana.kallevig@yakimawa.gov Greater Yakima Chamber of Commerce Nob Hill Water Association North Yakima Conservation District 10 North 9th Street Bob Irving,Engineering Technician Manager Yakima,WA 98901 6111 Tieton Drive 1606 Perry Street,Ste.C chamber@vakima.org Yakima,WA 98908 Yakima,WA 98902 bob@nobhiIlwater.on, Office of Rural and Farm Worker Housing Pacific Power U.S.Army Corps of Engineers,Regulatory Marty Miller, Mike Paulson, Branch 1400 Summitview Ave,Ste#203 500 North Keys Rd David Moore,Project Manager Yakima,WA 98902 Yakima,WA 98901 P.O.Box 3755 MartymGorfh.org Seattle,WA 98124-3755 david.j.moore@usace.army.mil United States Postal Service WA State Attorney General's Office WA State Department of Agriculture Maintenance Dept. 1433 Lakeside Court,Ste#102 Kelly McLain, 205 W Washington Ave Yakima,WA 98902 PO Box 42560 Yakima,WA 98903 Olympia,WA 98504 kmclain@agr.wa.gov WA State Department of Commerce WA State Department of Ecology WA State Department of Ecology Review Team, Annie Szvetecz,SEPA Policy Lead Gwen Clear,Regional Coordinator 1011 Plum St SE P.O.Box 47703 1250 W Alder St Olympia,WA 98504-3172 Olympia,WA 98504-7703 Union Gap,WA 98903 review team@commerce.wa.gov separegister@ecy.wa.gov crosepacoordinator@ecy.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Lori White, Rhonda Luke,Project Coordinator sepaunit@ecy.wa.gov lori.white@ecy.wa.gov FormerOrchards@ecy.wa gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife, Eric Bartrand, Scott.Downes@dfw.wa.gov SEPA Desk 1701 South 24th Ave PO Box 43200 Yakima,WA 98902 WA State Department of Fish and'Wildlife Olympia,WA 98504 Eric.Bartrand@dfw.wa.goer Tea mYa kima@dfw.wa.gov SEPAdesk@dfw.wa.gov_ WA State Department of Health WA State Department of Natural WA State Dept of Social&Health Services Kelly Cooper, Resources,SEPA Center Office of Capital Programs PO Box 47820 PO Box 47015 Olympia,WA 98504 Olympia,WA 98504 W '.-_`% Larry Covey 5848 Kelly.cooper@doh.wa.gov sepacenter@dnr.wa.gov �� �k ` Olympia,P Box 4WA r_ � WA 98504 Larrv.covevCa dshs.wa.gov ' • 184 WA State Dept of Archaeology&Historic WA State Dept of Health,Office of WA State Energy Facility Site Evaluation Preservation Drinking Water Council 1063 S Capitol Way,Ste 106 Jamie Gardipe lamie.gardipe@doh.wa.gov Stephen Posner,SEPA Officer Olympia,WA 98504-8343 16201 E Indiana Ave,Ste#1500 PO Box 43172 Sepa@dahp.wa.gov Spokane Valley,WA 99216 Olympia,WA 98504-3172 SEPA.reviewteain@doh.wa.gov sposner@utc.wa.gov WA State Environmental Protection WA State Governor's Office of Indian WA State Parks&Recreation Commission Agency Affairs Jessica Logan, NEPA Review Unit PO Box 40909 P.O.Box 42650 1200 6th Ave.#155,14 D-12 Olympia,WA 98504 Olympia,WA 98504 Seattle,WA 98101 jessica.logan@parks.wa.gov West Valley School District West Valley School District WSDOT Angela Von Essen,Asst.Supt Mike Brophy,Superintendent Paul Gonseth,Planning Engineer 8902 Zier Road 8902 Zier Road 2809 Rudkin Road Yakima,WA 98908-9299 Yakima,WA 98908 Union Gap,WA 98903 vonessensa@wvsd208.org brophym@wvsd208.org gonsetp@wsdot.gov WSDOT South Central Region Planning WSDOT,Aviation Division Yakama Bureau of Indian Affairs Office Max Platts,Aviation Planner Superintendent SCpianninewsdot.wa.gov 7702 Terminal St SW P.O.Box 632 Tumwater,WA 98501 Toppenish,WA 98948 plattst@wsdot.wagov Yakama Bureau of Indian Affairs Yakama Indian Nation,Cultural Resources Yakama Indian Nation,Yakima Tribal Rocco Clark,Environmental Coordinator Program Council P.O.Box 632 Johnson Meninick, Ruth Jim, Toppenish,WA 98948 P.O.Box 151 P.O.Box 151 Rocco.clark@bia.gov Toppenish,WA 98948 Toppenish,WA 98948 Yakama Nation Environmental Mgmt Yakama-Klickitat Fisheries Project Yakima County Building Department Program,Elizabeth Sanchey John Marvin, Harold Maclean,Building Official P.O.Box 151 760 Pence Road 128 North 2nd Street,4th Floor Toppenish,WA 98948 Yakima,WA 98909 Yakima,WA 98901 esanchey@yakama.com marj@yakamafish-nsn.gov harold.maclean@co.yakima.wa.us jmarvin@yakama.com Yakima County Commissioners Yakima County Health District Yakima County Planning Division Commissioners.web@co.yakima.wa.us Ryan Ibach,Director Tommy Carroll,Planning Manager 1210 Ahtanum Ridge Dr Ste#200 128 North 2nd Street,4th Floor Union Gap,WA 98903 Yakima,WA 98901 yhd@co.yakima.wa.us Thomas.Carroll@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima County Planning Division Yakima County Public Services Yakima County Water Resources Division Jason Earles,Zoning/Subdivision Section Lisa Freund,Public Services Director Troy Havens,Manager 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Yakima,WA 98901 Yakima,WA 98901 Yakima,WA 98901 lason.Earles@co.yakima.wa.us lisa.freund@co.yakima.wa.us Troy-Havens®co.yakima.wa.us Yakima County Water Resources Division Yakima Greenway Foundation Yakima Regional Clean Air Agency Dianna Woods,Progam Analyst Kellie Connaughton,Executive Director Hasan Tahat,Compliance and Engineering 128 North 2nd Street,4th Floor 111 South 18th Street Division Supervisor Yakima,WA 98901 - Yakima,WA198901- - - 1861ron'Horse et#101 Dianna.Woods@co.yakima.wa.us kellie@yakimagreenway.org Yakima,WA 98901 hasan@yrcaa.org Yakima School District Yakima School District Yakima School District Jay Baucom,Director of Maintenance& Stacey Locke,Assistant Superintendent of Trevor Greene,Superintendent Operations Operations 104 North 4th Ave 104 North 4th Ave 104 North 4th Ave C C C. [ EX 50 Yakima,WA 98902 Yakima,WA 98902 Yakima,WA 98902 igreene.trevor@yakimaschools.org baucom.jayrs=yakimaschools.org locke.stacey@ysd7.org �, �— j . • 7 • . � 185 Yakima Valley Canal Co Yakima Valley Conference of Governments Yakima Valley Museum Robert Smoot, Lynn Deitrick,Senior Planner Peter Arnold,Executive Director 1640 Garretson Lane 311 North 4th Street,Ste#202 2105 Tieton Drive Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98902 1ynn.deitrick@yvcog_og peter@yvmuseum.org Yakima Valley Trolleys Yakima Valley Trolleys Yakima Waste Systems Paul Edmondson, PO Box 796 Keith Kovalenko,District Manager 313 North 3rd Street Yakima,WA 98907 PO Box 2830 Yakima,WA 98901 info@yakimavallevtrolleks.org Yakima,WA 98907 keithk@wasteconnections.com Yakima-Tieton Irrigation District Sandra Hull, SEPA REVIEWING AGENCIES_updated 470 Camp 4 Rd 05/03/2021 Yakima,WA 98908 Type of Notice: flO4-t of f DYl 3 epA V File Number: P f 2-2.I PLP41-002-21 CL2-1f-0111 2I y 6/O 21 Date of Mailing: 010 J 1(491 2DZI OC lAEX i7 186 In-House Distribution E-mail List Revised 06/14/2021 Name Division E-mail Address Silvia Corona Clerk's Office Silvia.Corona@yakimawa.gov Lisa Maxey Code Administration Lisa.Maxev@yakimawa.gov Glenn Denman Code Administration Glenn.Denman(aivakimawa.gov John Zabell Code Administration John.Zabell@yakimawa.gov_ Kelli Horton Code Administration Kelli.Horton@yakimawa.gov Linda Rossignol Code Administration Linda.Rossignol@vakimawa.gov Pedro Contreras Code Administration Pedro.Contreras@yakimawa.gov Suzanne DeBusschere Code Administration Suzanne,Debusschere@yakimawa.gov Tony Doan Code Administration Tony.Doan(a?vakimawa.gov Joan Davenport Community Development Joan.Davenportlayakimawa.gov Rosalinda Ibarra Community Development Rosalinda.lbarra@.yakimawa.gov_ Bill Preston Engineering Bill.preston@yakimawa.gov Dan Riddle Engineering Dan.RiddleQyakimawa.gov Aaron Markham Fire Aaron.markham@yakimawa.gov Jeremy Rodriguez Fire Jeremy.R.odriguez@valcimawa.gov Sara Watkins Legal Sara.Watkins@yakimawa.gov. Archie Matthews ONDS Archie.Mattbews@yakimawa.gov Joseph Calhoun Planning Joseph.Calhoun@yakimawa.gov Analilia Nunez Planning Analilia.nunez©yakimawa.gov Matt Murray Police Matthew.murray@yakimawa.gov Scott Schafer Public Works Scott.Schafer(iyakimawa.gov Loretta Zammarchi Refuse Loretta.Zammarchi@yakimawa.gov Randy Layman Refuse Randv.Lavman{alyakimawa.gov Gregory Story Transit Gregory.Story@yakimawa.gov_ James Dean Utilities James.Dean(ailyakimawa.gov Dana Kallevig Wastewater Dana.Kallevig@vakimawa.gov Randy Meloy Wastewater Randv.Meloy@yakimawa.gov Dave Brown Water/Irrigation David.Brown@yakimawa.gov Mike Shane Water/Irrigation Mike.Shane@yak imawa.gov Outside Distribution Name Address Included In Mailing? Pacific Power Attn: Estimating Department 500 N Keys Rd,Yakima,WA 98901 Yes ❑ No (Subdivision notices ONLY) Type of Notice: 1 l -iej o4 App)It& imo 3 °A ! ev►etio File Number(s): -21 G�12J AD,G_2) Date of Mailing: 0 61 I lQ I 2-02r1 DC. 4. ..�...- • F- 36 Ibarra,Rosalinda 187 From: Ibarra,Rosalinda Sent: Wednesday,June 16,2021 10:56 AM To: Brown,David;Calhoun,Joseph;Contreras,Pedro;Corona,Silvia;Davenport,Joan;Dean,James;DeBusschere,Suzanne;Denman, Glenn;Doan,Tony;Horton,Kelli;Ibarra,Rosalinda;Kallevig,Dana;Layman,Randy;Markham,Aaron;Matthews,Archie;Maxey, Lisa;Meloy,Randy;Murray,Matthew;Nunez,Analilia;Preston,Bill;Riddle,Dan;Rodriguez,Jeremy;Rossignol,Linda;Schafer, Scott;Shane,Mike;Story,Gregory;Watkins,Sara;Zabell,John;Zammarchi,Loretta;Ahtanum Irrigation District-Beth Ann Brulotte; Cawley,Marc;Chamber of Commerce;Department of Agriculture;Department of Commerce(CTED)-Review Team;Department of Ecology;Department of Ecology-Former Orchards;Department of Ecology-Lori White;Department of Ecology-SEPA Register; Department of Ecology-CRO Coordinator;Department of Fish and Wildlife;Department of Fish and Wildlife;Department of Fish and Wildlife-Eric Bartrand;Department of Fish and Wildlife-Scott Downes;Department of Natural Resources;Dept of Social& Health Services-Larry Covey;Dept.Archaeology&Historic Preservation-SEPA Review;Energy Facility Site Evaluation Council- Stephen Posner;Henne,Dennis;Ibarra,Rosalinda;Kallevig,Dana;Nob Hill Water- Bob Irving;Nunez,Analilia;Office of Rural& Farmworker Housing-Marty Miller;Peterson,Robert;Riddle,Dan;US Army Corps of Engineers-David Moore;WA State Dept of Health,Kelly Cooper;WA State Dept of Health,Office of Drinking Water;WA State Dept of Health,Office of Drinking Water;WA State Parks&Recreation Commission;WSDOT-Paul Gonseth;WSDOT-South Central Regional Planning Office;WSDOT Aviation- Max Platts;WVSD-Angela Watts,Asst Supt of Bus/Fin;WVSD-Mike Brophy,Supt.;Yakama Bureau of Indian Affairs-Rocco Clark; Yakama Nation Environmental Management Program-Elizabeth Sanchey;Yakama-Klickitat Fisheries-John Marvin;Yakama- Klickitat Fisheries Project-John Marvin;Yakima County Building Official-Harold Maclean;Yakima County Commissioners;Yakima County Flood Control District-Dianna Woods;Yakima County Flood Control District-Troy Havens;Yakima County Health District; Yakima County Health District-Ryan Ibach;Yakima County Planning-Manager-Tommy Carroll;Yakima County Planning- Zoning/Sub-Jason Earles;Yakima County Public Svcs Director,Lisa Freund;Yakima Greenway Foundation-Kellie Connaughton; Yakima Regional Clean Air Agency-Hasan Tahat;Yakima School District-Jay Baucom;Yakima School District-Stacey Locke; Yakima School District-Trevor Greene;Yakima Valley Museum-Peter Arnold,Exec Director;Yakima Valley Trolleys;Yakima Waste Systems-Keith Kovalenko;YVCOG-Lynn Deitrick Cc: Martin,Trevor Subject: NOTICE OF APPLICATION&SEPA REVIEW-Greg&Adele Bainter-PD#002-21,PLP#002-21,CL2#019-21,SEPA#010-21 Attachments: NTC OF APPLICATION&SEPA REVIEW-Bainter-PD#002-21,PLP#002-21,CL2#....pdf Attached is a Notice of Application and Environmental Review for the above-entitled project.This project review also requires a public hearing which will be scheduled at a later time and a Notice of Public Hearing will be provided with the forthcoming SEPA Determination after the public comment period ends. If you have any questions about this proposal please contact assigned planner Trevor Martin at trevor.martin@yakimawa.gov Thank you! Rosalinda Ibarra Community Development Administrative Assistant City of Yakima I Planning Division 129 North 2nd Street,Yakima WA 98901 p: (509)575-6183 0 f: (509)575-6105 /%iI���►\ Pa nning F./041;.. This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DCC F-3 h 1 Ibarra,Rosalinda 188 From: Ibarra,Rosalinda Sent: Wednesday,June 16,2021 11:02 AM To: Gary Cuillier;Pat Spurgin(pds©spurginlawoffice.com) Subject: FW:NOTICE OF APPLICATION&SEPA REVIEW-Greg&Adele Bainter-PD#002-21,PLP#002-21,CL2#019-21,SEPA#010-21 Attachments: NTC OF APPLICATION&SEPA REVIEW-Bainter-PD#002-21,PLP#002-21,CL2#....pdf Attached is a Notice of Application and Environmental Review for the above-entitled project.This project review also requires a public hearing which will be scheduled at a later time and a Notice of Public Hearing will be provided with the forthcoming SEPA Determination after the public comment period ends. If you have any questions about this proposal please contact assigned planner Trevor Martin at trevor.martin@vakimawa.gov Thank you! Rosalinda Ibarra Community Development Administrative Assistant City of Yakima 1 Planning Division 129 North 2nd Street,Yakima WA 98901 p: (509)575-6183 0 f: (509)575-6105 #7!I WC'. P a"ri'nin'�" g FLY This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. or DEPA' MENT OF COMMUNITY DEVELO' VENT 189 AlowS■ai�� Joan Davenport, AICP, Director M■ ■►'►\ aimmityk Planning Division PlCITY Of YAKIMA Joseph Calhoun,Manager annI129 North Second Street, 2nd Floor,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTICE OF APPLICATION AND ENVIRONMENTAL REVIEW DATE: June 16, 2021 TO: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director APPLICANT: PLSA Engineering & Surveying c/o Tom Durant FILE NUMBER: PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008-21 LOCATION: 502 S 90TH AVE TAX PARCEL NUMBER(S): 181330-21433 DATE OF APPLICATION: April 19, 2021 DATE OF COMPLETENESS: June 14, 2021 PROJECT DESCRIPTION: Master planned development to subdivide one parcel of 5.2 acres into 20 residential duplex lots (total of 40 residential units) with internal access by private streets, located in the Local Business (B-2) zoning district. DETERMINATION OF CONSISTENCY: Pursuant to YMC § 16.06.020(A), the project considerations are determined to be consistent with applicable development regulations, as follows: 1. The type of land use: Master Planned Development and Preliminary Long Plat for residential development. 2. Level of Development: Lots range from approximately 14,491 to 9,902 square feet in size. 3. Infrastructure and public facilities: The subject property is able to be served by public streets,water, sewer, garbage collection, etc. 4. Characteristics of development: The proposal shall adhere to all Title 6, 12, and Title 15 development standards. Pursuant to YMC§ 16.06.020(B), the development regulations and comprehensive plan considerations are found to be consistent, as follows: 1. The type of land use: Master Planned Development and Preliminary Short Plat for residential. 2. Density of Development: Approximately 7.6 dwelling units per net residential acre. 3. Availability and adequacy of infrastructure and public utilities: The subject property is able to be served by public facilities. NOTICE OF ENVIRONMENTAL REVIEW: This is to notify agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, under WAC § 197-11-928 for this project. The City of Yakima has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance(DNS) per WAC § 197-11-355. 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. A copy of the subsequent SEPA threshold determination will be mailed to parties of record and entities who were provided this notice and may be appealed pursuant to YMC §6.88.170. Required Permits: The following local, state, and federal permits/approvals may or will be needed for this project: Building Permit, Grading Permit Required Studies: N/A Existing Environmental Documents: None Development Regulations for Project Mitigation and Consistency Include: the State Environmental Policy Act, the Yakima Urban Area Zoning Ordinance, YMC Title 12—Development Standards, and the Yakima Urban Area Comprehensive Plan. ' DOG. L Yakima 2015 1994 190 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. This may be your only opportunity to comment. All written comments received by 5:00 p.m. on July 6,2021,will be considered prior to issuing the final SEPA determination. Please reference file numbers (PD#002-21, PLP#002-21, CL2#019-21, & SEPA#010-21) and applicant's name (Bainter) in any correspondence you submit. You can mail your comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St.,Yakima,WA 98901 NOTICE OF SEPA DECISION: A copy of the decision of the SEPA threshold determination will be mailed to parties of record and entities who were provided this notice once it is rendered. NOTICE OF HEARING:This review requires that the Hearing Examiner hold an open record public hearing. A separate Notice of Public Hearing will be issued concurrently with the SEPA Determination at a later time, in accordance with public notice guidelines. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N. 2nd St., Yakima, WA. If you have any questions on this proposal, please contact Trevor Martin, Associate Planner at(509) 575-6162, or email to: trevoinnartin@vakimawa.gov. Enclosed: Narratives, Project Descriptions, SEPA Checklist, Site Plans, and Vicinity Map DE. _RTMENTO DE DESARROLLO CON. .NITARIO 191 7 j■ ■w�w Joan Davenport, AICP Directora ,.� Division de Planificacion PCITY O n i n g Joseph Calhoun, Gerente 129 Norte Calle 2a, 2°Piso,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning AVISO DE APLICACION Y REVISION AMBIENTAL El Departamento de Desarrollo Comunitario de la Ciudad de Yakima ha recibido una aplicacion por parte de un propietario/solicitante y este es un aviso sobre esa solicitud. Informacion sobre la ubicaciOn de la propiedad en cuestion y la solicitud es la siguiente: FECHA OTORGADA: 16 de junio, 2021 PARA: Agencias de Revision Ambiental, Solicitante y Propietarios Adyacentes DE: Joan Davenport, AICP, Directora de Desarrollo Comunitario SOLICITANTE: PLSA Engineering & Surveying do Tom Durant No. DE ARCHIVO: PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008-21 UBICACION: 502 S 90TH AVE No. DE PARCELA: 181330-21433 FECHA DE APLICACION: 19 de abril, 2021 FECHA DE APLICACION COMPLETA:14 de junio, 2021 DESCRIPCION DEL PROYECTO: Desarrollo planificado para dividir una parcela de 5.2 acres en 20 lotes residenciales para duplexes(total de 40 unidades de viviendas residenciales)con acceso interno por calles privadas, ubicado en la zona comercial B-2. DETERMINACION DE LA CONSISTENCIA: Conforme al Codigo Municipal YMC §16.06.020(A), las consideraciones del proyecto se determinan consistentes a las siguientes normas de desarrollo aplicables: 1. El tipo de uso terrenal: Desarrollo planificado y Subdivision Preliminar para desarrollo residencial. 2. Nivel de desarrollo: Tamano de los lotes varian desde 14,491 a 9,902 pies cuadrados. 3. Infraestructura e instalaciones pUblicas: La propiedad puede ser servida por calles publicas, agua, drenaje, recolecci6n de basura, etc. 4. Caracteristicas del desarrollo: La propuesta se adherira a las normas de desarrollo del Titulo 6, 12 y 15. Conforme al Codigo Municipal YMC §16.06.020(B), los reglamentos de desarrollo y las consideraciones del plan comprehensivo son coherentes, de Ia siguiente manera: 1. El tipo del uso terrenal: Desarrollo planificado y Subdivision Preliminar para desarrollo residencial. 2. Densidad del desarrollo: Aproximadamente 7.6 unidades de vivienda por acre residencial 3. Disponibilidad y adecuaciOn de infraestructura y servicios publicos: La propiedad puede ser servida por instalaciones publicas. AVISD DE REVISION AMBIENTAL: Esto es para notificar a las agencias con jurisdicciOn y experiencia ambiental y al publico que la Ciudad de Yakima, Division de Planificacion, se establece como la agencia principal, de acuerdo con la Ley Estatal de Politica Ambiental de Washington (SEPA) bajo WAC §197-11-928 para la revision de este proyecto. La Ciudad de Yakima ha revisado el proyecto propuesto para posibles impactos ambientales adversos y espera emitir una DeterminaciOn de No-Significancia (DNS) para este proyecto conforme al proceso DNS opcional en WAC § 197-11-355. La propuesta puede incluir medidas de mitigaciOn bajo los c6digos aplicables y el proceso de revision del proyecto puede incorporar o requerir medidas de mitigaci6n independientemente de si se prepara un EIS (Declaracion de Impacto Ambiental). Una copia de Ia determinacion de umbra) posterior se puede obtener por solicitud y se puede apelar de acuerdo con el C6digo Municipal de Yakima YMC §6.88.170. Permisos Requeridos: Los siguientes permisos/aprobaciones locales, estatales, y federales pueden o seran necesarios para este proyecto: Permiso de Construccion, Permiso de Nivelacion Terrenal Estudios Requeridos: N/A Documentos Ambientales Existentes: Ninguno 3 Yakima 2015 1994 192 Los Reglamentos de Desarrollo para la Mitigacion y Consistencia de Proyectos Incluyen: La Ley Estatal de Politica Ambiental de Washington, La Ordenanza de Zonificacion del Area Urbana de Yakima, Los Estandares de Desarrollo del Titulo 12, y el Plan Integral del Area Urbana de Yakima. SOLICITUD DE COMENTARIOS ESCRITOS: Se anima a las agencias, tribus, y el publico a revisar y comentar sobre el proyecto y sobre sus probables impactos ambientales. Habra un periodo de veinte (20) dias para hacer sus comentarios. Este podria ser su Unica oportunidad para comentar. Todos los comentarios recibidos por escrito antes de las 5:00 p.m. el 6 de julio, 2021 seran considerados antes de emitir la decision final sobre esta solicitud. Por favor de hacer referencia al numero de archivo (PD#002- 21, PLP#002-21, CL2#019-21, SEPA#010-21) o al nombre del solicitante (Bainter) en cualquier correspondencia que envie. Envie sus comentarios sobre esta propuesta a: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St., Yakima,WA 98901 AVISO DE LA DECISION AMBIENTAL (SEPA): Cuando la Determinacion de la Revision Ambiental sea emitida, una copia sera enviada a las personas que mandaron comentarios o que recibieron este aviso. AVISO DE LA AUDIENCIA PUBLICA: Esta revision requiere que el Examinador de Audiencias conduzca una audiencia publica de registro abierto. Posteriormente se enviara Un Aviso de Audiencia Publica por separado junto con la DeterminaciOn Ambiental (SEPA), de acuerdo a las reglas de avisos publicos. El archivo que contiene la aplicacion completa este disponible para inspecciOn publica en la Oficina de PlanificaciOn de la Ciudad de Yakima en el 129 al Norte la Calle 2da, Yakima, WA. Si tiene cualquier pregunta sobre esta propuesta, puede contactar a la Oficina de PlanificaciOn al(509)575-6183 o por correo electrOnico al: ask.planninqAyakimawa.gov Adjunto: Narrative, DescripciOn del Proyecto, Lista SEPA, Plan del Sitio, Mapa j •, 193 'II LIM% CITY OF YAKIMA `�,` LAND USE ACTION INSTALLATION RECEIVED AMP t� I n CERTIFICATE JUN 1 1 2021 CITY OF YAKIMA File Number: •j06 PLANNING U Applicant/Project Name: 19 Site Address: Co 5 . q o ¢P,t Date of Posting: 6 Flz , Land Use Sign ID#(s): - Location of Installation(Check One): _ Land Use Action Sign is installed per standards described in YMC §15.11.080(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre-approved by the Planning Manager) may not be acceptable by the Planning Division and is subject to relocation(at the owner's expense) to a more visible site on the properly. The alternative location is: The required notice of application will be sent to the applicant and property owners within a 300-foot radius after the Planning Division has received this Land Use Action Installation Certification. Failure to post a Land Use Action sign and return this form signed in a timely manner may cause a delay in the application review process. I hereby testify that the installed sign fully complies with the Land Use Action sign installation standards (see pg. 2), that the sign will be maintained until a decision has been rendered, and that the sign will be returned within 30 days from the date the final decision is issued. /4v/X/4- J Vvt li) ? o Applicant's Signature Date ,7„,sp , DO oi Applicant's_Name_(Please_Print) Applicant's-Phone_Number Please fill out and sign the above certification after posting and deliver to the City of Yakima Planning Division via email to ask.planning@yakimawa.gov or in person/by mail to: City of Yakima, Planning Division, 129 North 2"d Street,Yakima,WA 98901. Page 1 Revised 04/2019 194 ,wi■■S\% DEPARTMENT OF COMMUNITY DEVELOPMENT //l■ ■% % Planning Division 4 11k Joan Davenport,AICP, Director P 1 a ri n n g 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning May 13, 2021 FILE NUMBER: PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 APPLICANT: DLT Construction LLC APPLICANT ADDRESS: PO Box 268, Wapato, WA 98951 PROJECT LOCATION: 502 S. 90th Ave. TAX PARCEL NO: 181330-21433 DATE OF REQUEST: April 19, 2021 SUBJECT: Notice of Incomplete Application To Whom It May Concern, After initial review, the application for your application, file numbers listed above, for 502 S. 901h Ave., which was received on April 19, 2021, is considered incomplete as required by the City of Yakima's Municipal Code. Per YMC § 15.11.040, please provide to following information prior to the continuation of your application: 1. In order to begin processing the application, all land use fees shall be paid the City of Yakima. The city ask that you respond to this letter within two weeks of receiving this letter. If you have any questions regarding this matter please call or email me at 509-575-6162 or trevor.martin@yakimawa.gov. Sincerely, b Trevor Martin C'C.;, 1NL' i Associate Planner Ett ta._. , Yakima ',III,' 2015 1994 195 GREG & ADELE BAINTER PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST CHAPTER G Public Comments DOC DOCUMENT DATBINP INDEX# G-1 Comment Letter from Dept. of Archeology & Historic 06/30/2021 Preservation G-2 Comment Letter from Dept. of Ecology 07/02/2021 G-3 Comment Letter from Jeffery Swan 07/26/2021 G-4 Comment Letter from Yakima Co. Water Resources 08/17/2021 196 Nunez, Analilia From: Dianna Woods <dianna.woods@co.yakima.wa.us> RECEIVED Sent: Tuesday, August 17, 2021 4:27 PM To: Martin, Trevor AUG 1 7 2021 Cc: Troy Havens; Nathan Paris Subject: Bainter CL2#019-21, PLP#002-21 & others CITY OF YAKIMA PLANNING DIV Hi Trevor— The Yakima County-wide Flood Control Zone District appreciates the opportunity to comment on this proposal. By looking at the lidar contours and location of the canal north of Tieton Ave. it appears there is a natural drainageway starting at the middle of the lot on north side. It's likely over the years this lot has had some reshaping for agricultural purposes, but the current flow would be from the middle of the lot, downslope to or on top of S 92nd Ave,then moving off the road into the lot on the south end. More recent development may have further modified the topography but it's apparent there was (and probably still should be) a drainageway from north of Tieton Drive downslope towards Shaw Creek.The FCZD is asking that the applicant keep pass-through flow from upslope in mind when designing the project. Sincerely, Dianna Woods, CFM (Certified Floodplain Manager) Program Analyst FCZD/Water Resources Yakima County Public Services Department 128 N. 2nd Street,Yakima,WA 98901 dianna.woodsc co.yakima.wa.us (509) 574-2328 Desk 1 "_M1I 1 197 Nunez, Analilia From: Jeffery B. Swan <jbswan2013@gmail.com> RECEIVED Sent: Monday, July 26, 2021 1:20 PM To: Martin, Trevor JUL 2 6 202.1 Subject: PD#002-21 and 502 S 90th Ave CITY OF YAKIAMH PLANNING DIV Mr. Martin, and to others concerned: Thank you for speaking with me last Friday on my concern about the residential development proposed at 502 S 90th Ave in Yakima(PD #002-21). I am writing to express my concern about any access the development would have to the gravel road bordering the west side of the property which is South 92nd Avenue. As that road grade/ slope is presently constructed, when vehicles on the road are stopped for traffic on 92nd and Tieton, the headlights shine directly across into my home (living room, kitchen, and bedrooms). My entire house is illuminated with these bright lights, disturbing daily living and sleep activities. Currently there are but a few residences that utilize that road and so the lights at night are annoying but manageable. However, I am very concerned that the proposed 40 residential units will make the situation beyond bearable. I understood from the plans that access from the units to 92nd Ave would be for fire lanes/ emergency use only. However, my experience suggests that in the very short future that will be opened to general use. I am greatly worried about the increase in traffic. If this development goes forward I request there be some accommodation to modify the 92nd/Tieton intersection so the vast increase of vehicle lights will not disturb the enjoyment of my residence, and/or permanently block access from the units to 92nd Ave. Thank you for considering my comments. Please feel free to contact me through this email address. Jeff Swan 920 Bell Ave Yakima, WA o,. Yi �- 3 198 71.Arr STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 1250 West Alder Street • Union Gap, Washington 98903-0009 • (509) 575-2490 July 2, 2021 RECEIVED Trevor Martin JUL 0 2 2021 Community Development CITY OF YAKIMA City of Yakima PLANNING DIV. 129 North 2nd Street Yakima, WA 98901 Re: SEPA Register 202103246, PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21, TCO#008-21 Dear Trevor Martin: Thank you for the opportunity to comment during the Optional Determination of Non Significance process for the Upper Valley Estates subdivision of 5.2 acres into 20 residential duplex lots, proposed by Greg and Adele Bainter. We have reviewed the documents and have the following comments. TOXICS CLEAN-UP Thank you for the opportunity to comment on your proposed project. Historical aerial photos indicate your project is located on property that was occupied by orchard during the time period when lead arsenate was applied as a pesticide, often resulting in shallow soil contamination from lead and/or arsenic. Before proceeding, your project is required to conduct soil sampling under the Model Toxics Control Act(Chapter 173-340 WAC). If sampling indicates elevated levels of lead and arsenic, cleanup will be required prior to occupancy. The Department of Ecology plans to use Model Remedies for lead and arsenic pesticide contamination in historical orchards of Central Washington. A Focus Sheet on the Model Remedies can be found at https://apps.ecology.wa.gov/publ ications/documents/2 1 09007.pd F Compliance with a Model Remedy ensures your project meets the minimum standards of the Model Toxics Control Act, and if implemented as described, your property will be successfully cleaned up to Washington State standards. Ecology can provide free initial sampling as well as free technical assistance for your project. oc, Io•� E)c is 199 Trevor Martin RECEIVED July 2, 2021 Page 2 JUL 0 2 2021 CITY OF YAKIMA Please contact Jeff Newschwander, Project Manager, at(509) 388-522V . Vriformation or to schedule your initial sampling. WATER QUALITY Project with Potential to Discharge Off-Site If your project anticipates disturbing ground with the potential for stormwater discharge off-site, the NPDES Construction Stormwater General Permit is recommended. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit may take 38-60 days. The permit requires that a Stormwater Pollution Prevention Plan(Erosion Sediment Control Plan) shall be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water and storm drains by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. In the event that an unpermitted Stormwater discharge does occur off-site, it is a violation of Chapter 90.48 RCW, Water Pollution Control and is subject to enforcement action. More information on the stormwater program may be found on Ecology's stormwater website at: http://www.ecy.wa.gov/programs/wq/stonmwater/construction/. Please submit an application or contact Lloyd Stevens Jr. at the Dept. of Ecology, (509) 574-3991 or email llovd.stevensircc ecy.wa.gov ,with questions about this permit. Sincerely, ki (16 d,L/ Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575-2012 croset a(a7ecy.wa.gov Ns • 200 Allyson Brooks Ph.D.,Director State Historic Preservation Officer June 30, 2021 Joan Davenport Community Development Director City of Yakima 129 North 2nd Street Yakima, WA 98901 In future correspondence please refer to: Project Tracking Code: 2021-06-04015 Property: City of Yakima_Bainter Subdivision Project(SEPA#010-21) Re: Survey Requested Dear Joan Davenport: Thank you for contacting the Washington State Historic Preservation Officer(SHPO) and Department of Archaeology and Historic Preservation (DAHP) and providing documentation regarding the above referenced project. Our statewide predictive model indicates that there is a high probability of encountering cultural resources within the proposed project area. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the SHPO in conformance with Washington State law. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Please ensure that the DAHP Project Number (a.k.a. Project Tracking Code) is shared with any hired cultural resource consultants and is attached to any communications or submitted reports. Should you have any questions, please feel free to contact me. Sincerely, Sydney Hanson C, ,- ....._„ Transportation Archaeologist (360) 280-7563 Sydney.Hanson@dahp.wa.gov Tr, State of Washington • Department of Archaeology&Historic Preservation 4 j.ii n"y P.O. Box 48343 • Olympia,Washington 98504-8343 • (360) 586-3065 il!!. }1liix www.dahp.wa.gov Ill , 'yd'BO 4-6'' 201 GREG & ADELE BAINTER PD#002-21, PLP#002-21, CL2#019-21, SEPA#010-21 & TCO#008-21 EXHIBIT LIST CHAPTER H Supplemental Information DOC H-1 Ordinance 14-2004 01/10/2005 H-2 Transportation Impact Analysis Report 07/26/2021 202 DEPARTMENT OF UTILITES AND ENGINEERING 7.,g4o, Airiiiiiikl,tl,,, Engineering Division +r r% 129 North Second Street .i t 1 Yakima, Washington 98901 �'•s (509) 575-6111 •Fax(509) 576-6305 ' ' x .11 't_r$nrif . 1I I Nr �_ July 26, 2021 Jaime De La Torre PO Box 268 Wapato, WA 98951 Subject: Notice of Decision for Transportation Concurrency—TCO#008-21 502 South 90th Avenue ITE Trip Generation Code 210—Single Family Homes Jaime, Enclosed is the Transportation Concurrency Analysis Decision for the proposed subdivision with 20 residential duplex lots to construct a total of 40 residential units at 502 South 90th Avenue, 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 Development. If you have any questions, please call me at (509) 576- 6754. Sincerely, Bill Preston, PE City Engineer Enclosure Cc: Planning TC File . Doe. ! !DEX_1. \\Yakima CitylYKEN\Shared\Development\2012_to_Current_Development\Traffic_Concurrency\TCO#008-21 -Upper Valley EstateslTraffic Concurrency Letter.docx 203 City of Yakima, Washington Engineering Division Transportation Concurrency Analysis TCO#008-21 Date of Review: July 26, 2021 Review Prepared by: Ben Annen, PE, City Engineering Proposed Development: Upper Valley Estates Subject Address: 502 South 90th Avenue ITE Land Use: 210— Single Family Homes (220 —Apartment is for quadplexes and greater densities, not applicable) Expected Net PM Peak Hour Trip Generation: 40 PM Peak Hour Trips Average Daily Weekday Trips: 381 Summary of Impact: The applicant, DLT Construction, LLC, proposes to subdivide 20 residential duplex lots to construct a total of 40 residential units at 502 South 90th Avenue, within the City of Yakima,Washington. Traffic from this new development will enter/exit the Arterial Street system on Tieton Drive. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected ITE use code. Based upon local 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. Pk.Hr Total Pk Pk Hr Pk Hr Project Reserve WC Year of Pk Hr Vol. Hr Vol. LOS with Street Segment From-To ADT Reserve V/C LOS Pk Hr Cap. with Count Capacity (8.7% With TCO ADT) Cap, Trips TCO After TCO TCO Tieton Drive 88th Ave-80th Ave 7,360 2005 3200 640 2560 0.20 A 35 675 2525 0.21 A Tieton Drive 80th Ave-72nd Ave 10,080 2005 3200 877 2323 0.27 A 35 912 2288 0.28 A Tieton Drive 72nd Ave-64th Ave 11,023 2009 3200 959 2241. 0.30 A 30 989 2211 0.31 A Tieton Drive 88th Ave to 96th Ave 6,150 _ 2006 3200 535 2665 0.17 A 5 540 2660 0.17 A 96th Ave Tieton Dr to Summitview 3,120 2006 1600 271 1329 0.17 A 5 276 1324 0.17 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. � 2 Transportation Capacity Analysis Page 1 of 1 \\yakimacity\ykpl\Shared\Applications-Planning\2021 Planning Applications\Bainter,Greg&Adele-PD#002-21,CL2#019-21, SEPA#0_10-21\dst comments\Traffic Concurrency Analysis Summary.docx 204 Return Address: Yakima County Commissioners 128 N 2nd St Ban 232 Yakima WA 98901 Title: Ordinance 14-2004 Reference: Concerning eomprehensi+rc planning and land use regulation, amending the official zoning map for the Yakima Urban Area and approving execution of a development agreement. Grantor: Grantee: Yakirrin County Public Services The Public 128 N 2nd St Yakima WA 98901 Legal Description: That part of the NE '/4 of the NE 1/4 of the NW %, Section 30, Township 13 North,Range 18 East, W.M. lying southerly of the Yakima Valley Canal Right-of-Way[County Assessor's parcel# 181330-21002]; and That portion of Lot `B' of that certain Short Plat recorded in Volume 'A', Page 18, Short Plat Records of Yakima County Washington, lying northerly of Shaw Creek[a portion of County Assessor's parcel # 181330-21401]; and Lot I of that certain Short Plat recorded in volume 92, Page 14,Slr_irt Plat Records of Yakim a County, Washington, except for northerly County road Right-of-way[County Assessor's parcel # 181330-21402]; and Lot 2 of that certain Short Fiat-recorded in Volume 2,Pages 14,Short Plat Records of Yakima County,Washington [County Assessor's parcel#181330-21403] I� I 11 74 36399 51 1 rm rYMMv f NY Trxiree ,: $1 ] $ @9 5$fl 205 BOARD OF YAKIMA COUNTY COMMISSIONERS ORDINANCE NO. 14-2004' AN ORDINANCE concerning comprehensive planning and land use regulation, amending the official zoning map for the'YakIm.a Urban Area and approving execution of a development agreement. WHEREAS, the Board of Yakima County Commissiene-s (hcrc.inZtcr`Board")adopted Rho Yakima Urban Area Zoning Ordinance ar, March 4, 1986( rdilrair e No. 1 r0-l585, codified as ?CC Title 15A),including the official zoning map for the Yakima Urban Area(YCC 15A,03.040); and, WHEREAS, the Board adopted the Yakima Urban Area Comprehensive Plan on April 29, 1997 (Ordinance No. 2-1997); and, WHEREAS, the Board amended the Yakima Urban Area Comprehensive Plan's Future Land Use Map by adopting Ordinance No. 13-2003 on October 14,2003,which changed approximately 15 acres from Law tensity Residential to Neighborhood Commercial in response to Yakima Urban Area Comprehensive Plan amendment application #ZOAr03.013 subrnittedby Greg Bainter, et. al.; and, WHEREAS,AS, application #ZONO3-013 also requested a rezone from R-1 (Single-Family Residential)to 13-2 (Local Business); and, WHEREAS, Yakima County designated City of Yakima as nominal lead agency for the 2003 cycle of Yakima Urban Area Comprehensive Phm amendnients,which included the proposed rezone, and the City issued an Addendum to the Final Environmental Impact Statement for the Yakima Urban Area Comprehensive Plan on August 6,2003 in fulfillment of environmental review requirements of the State Environmental Policy Act(SEPA); and, WHEREAS, 60-day notice of the primed rezone was provided to the Department of Community,Trade, and Economic De cl oprneiit in accordance with RCW 36.70A.105 by the City of Yaldata's and Yaldtria Counr'y's joint public notice dated June 13.2003; WHEREAS, the Hearing Examiner, in accordance with YCC Title 15A and YCC Title I6B, conducted an open record public hearing to consider the requested rezone on February 19, 2004, March 1, 21104 and April 1, 2004,and closed the record on May 11,2004 after an opportunity for the patties to reach agreement on the issues proved to be unsuccessful; and, WHEREAS, on May 25, 2004 the Hearing Examiner issued his recommendation(attached hereto as Exhibit 6)recommending nding denial of a portion of the requested rezone and recommending approval of the remaining portion of the requested rezone, subject to conditions. and, �'C !i a Dc ; WHEREAS, the Board held a closed record public hearing on the proposed rezone on July 20, 2004 and continued to July 27, 2004; and, III 111 ,11 1 lII �� � 206 WHEREAS, the Board closed the hearing on July 27,2004 after providing a full and complete opportunity for all interested parties to be heard; and, WHEREAS, the Board, having deliberated on the matter,has determined that the hearing examiner's recommendation should be accepted in part and amended in part; and, WHEREAS, based on the public hearing reco:d in this matter,the Board finds that it is in the best interest of the County to enact this ordinance; NOW THEREFORE,the Board makes the following findings in support of its actions: Findings 1. Except as indicated below,the Board hereby adopts the Hearing Examiner's findings. 2. Any requirements consistent with YCC 15A.23.030 and Yakima Urban Area Comprehensive Plan objectives/policies C3.2, C33, C5,02.2, G4.1,L1.1,T4.1 and P.1 (attached as Exhibit 3)for sitcscreerking and buffeting between potentially incompanlle land uses, for providing water,sewer and street improvements, for providing easements for future utilities and access to property, for preventing vehicular access through residential areas, and for providing traffic control devices and other development-related improvements and municipal services are more appropriately imposed at the project review level rather than at the rezone level. Therefore,the rezone hereby approved is consistent with the Yakima Urban Area Zoning Ordinance and the Yaldrna Urban Area Comprehensive Plan without requiring such requirements as conditions precedent. 3. To ensure that the rezone is consistent with the Yaldrna Urban Area Zoning Ordinance and the Yakima Urban Area Comprehensive Plan, and particularly so that the aforementioned requirements can be appropriately considered at project level review,the applicants of this rezone have proposed executing a development agreement. The agreement attached hereto as Exhibit 1 is acceptable to the applicants and Yakima County. FURTHERMORE,the Board makes the following conclusions in support of its actions: Conclusions 1. Except as indicated below,the Board adopts the Hearing Examiner's conclusions. 2. Adequate public services are available to satisfy the utility and access requirement of existing and future Local Business(B-2)zone uses on the subject property if the development agreement attached hereto as Exhibit 1 is executed concurrently with this rezone ordinance recorded thereafter with the Yakima County Auditor, This agreement is needed to ensure that appropriate considerations can be given at the project review level for infrastructure improvements, access and utility easements, vehicular DO C. l� access routes, sight screening,buffering, and other appropriate development-related ? --t improvements and mitigation of impacts to adjacent properties. — � II 143 99 . age= 3 a1C 51 �t t$fee' 5 9.56R 207 3. The rezone hereby approved satisfies the seven criteria in YCC 15A.23.030 if the development agreement attached hereto as Exhibit 1 is executed concurrently with the adoption of this rezone ordinance. Infrasnetute improvements and the other fo rem en tion ed requirements are mote appropriately determined at project review level rather than as conditions prnveedent to this rezone. NOW THEREFORE,IT IS HEREBY ORDAINED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS AS FOLLOWS: Section 1, Amendl n iiklUrban Area Za ril el Lap. The official zoning map for the Yakima Urban Area, referred to in YCC 15A.03.O-0,is hereby amended as follows: The Subject Site indicated on the attached Exhibit 2 is changed from 1R-1 (Single-Family Residential) to B-2(Local Business), subject to execution of the development agreement attached hereto as bit 1. ?rovided that, if a po_,i;x1 of parcel A181330-21002 is merged into parcel#18133 0- 2 i 'i:i I (see Exhibit 2)within six r is i.ths of the date of this ordinance, said portion will revert to R-1 zoning upon recording of the deed conveying said portion. Section 2. Severnblllty. If any section, phrase.,or provision of dja ordinance is held illegal, invalid or unenforceable,the remaining provisions shall remain in(up force and effect. Section 3. Effective� This ordinance shall become effective immediately upon adoption. Section 4. Instrucilwns to Plan flint.Services Divis�The Planning Services Division shall: (1) Transmit a copy of this aid irrance to i c Washington]State Department of Community Trade and Economic Development within Len (10) days of its adoptionpursuant to RCW 36.70A_I 06, (2) Promptly publish notice of adoption of the ordinance pursuant to 36.70A.290. ADOPTED this 23`d day of November 2004. James M. ' , C rman RECT T,.EO, Attest: Jennifer Adams Ronald F. Gamache, Commissioner— . ehtes-,G!'2L44 Deputy Cl k of the Board /Jesse S. Palacios, Commissioner iatierftektv &lord fC(yw Commissioners xy4y tniit1:IMpJh } Comt ikfngton iou MA N '�w Approved as to form: r ` — — • \j,\`‘ t jff.-Terry A Chief Civil Deputy ...•••: Page: 4 of 51 131/Lb20.95 19156F1 208 EXHIBIT 1 DEVELOPMENT AGREEMENT BETWEEN PROPERTY OWNERS AND COUNTY OF YAKIMA This Development Agreement("Agreement"), entered into between County of Yakima and the owners of the property("said propertyv) described herein,is executed as a condition of rezoning said property from Single-Family Residential (R-1)to Local Business (B-2)per Yakima County rezone file no. ZONO3-013, I. Property Affected The property subject to this Agreement is depicted in Exhibit 2, attached to this Agreement, and Iegally described as follows: That part of the NE '/4 of the NE '/4 of the NW 'A, Section 30, Township 13 North,Range 18 East,W.M. lying southerly of the Yakima Valley Canal Right-of-Way [County Assessor's parcel# 181330-21002]; and That portion of Lot 'B' of that certain Short Plat recorded in Volume 'A', Page 18, Short Plat Records of Yakima County,Washington,lying northerly of Shaw Creek[a portion of County Assessor's parcel# 181330-21401]; and Lot 1 of that certain Short Plat recorded in volume 92, Page 14, Short Plat Records of Yakima County,Washington, except for northerly County road Right-of-way[County Assessor's parcel# 181330-21402]; and Lot 2 of that certain Short Plat recorded in Volume 92, Page 14, Short Plat Records of Yakima County,Washington[County Assessor's parcel #181330-21403]. II. Purpose This Agreement prescribes the minimum terms and conditions for development on said property, which was rezoned by Yakima County Ordinance No. 14-2004 from Single-Family Residential (R-1) to Local Business (3-2)under the Yea Urban Area Zoning Ordinance,YCC 15A ( Yakima County rezone file no.ZONO3-013), This agreement and the minimum terms and conditions for development on said property are nccr Cary to ensure consistency of the rezone with the Yakima Urban Area Zoning Ordinance and the Yakima Urban Area Comprehensive Plan, Elnd particularly to ensure timely provision of adequate urban infrastructure and to mitigate potential impacts of the rezone on adjacent residential properties. y III. Applicability — 1 This Agreement and the terms and conditions contained herein shall apply to future development of said property, except for the following uses that shall not be governed by this Agreement: a. Existing uses of said property that were legal uenconforming uses under the R-1 zoning in effect prior to the Rezone of said proper to R-2- II2 6 593 51 RI JS�1PDR'i I44:5RA 209 b. Single-family residences; c. Legal home occupations that become existing Class 1 uses in the B-2 zone; d. Development that is exempted from the review and permit provisions of YCC 15A.12.020(c), attached hereto as Exhibit 4; e. Modifications of existing or approved Class 1 uses under YCC 15A.17.040,attached hereto as Exhibit 4,and modifications of existing or approved Class 2 or 3 uses under YCC I5A.17.050,attached hereto as Exhibit 4,regardless of whether or not the zoning approval being modified was made under the terms of this development agreement; f. Changes of legal nonconforming uses under YCC 15A.19.070, attached hereto as Exhibit 4; g. Alterations of legal nonconforming uses or structures under YCC 15A.19.080, attached hereto as Exhibit 4; h. Changes of any present legal non-conforming commercial uses or new uses of any existing commercial building used in a legal conforming ca,]ega liy n o:J-con€orming use, if such change or new use is a Class I or Class 2 use,is similar in ch. meter and hours to the operation and the use originally approved or existing; and the parking and sitescreening requirements are equal to or less than the existing use[i.e.,meets the criteria of YCC 15A.17.050(b)(2)(a)& (b) &(c)}. IV. Permit Process Except as provided above, all proposed Class 1 uses in the B-2 zone shall be subject to the review process for Class 2 uses. In that process, any conditions that may be imposed upon Class 2 uses may be imposed upon said Class 1 uses,but otherwise such uses shall continue to be considered Class 1 uses with reslrvct to the requircrocnts and provisions of the Yakima L.'..-ia it Arca Zoning Ordinance. Provided that,after the improvements required in Section IV, i 7_12t5 'a' through `d'have been completed, Class 2 review shall no longer be required for new Class 1 uses. During review of proposed Class 1, Class 2,and Class 3 uses,the reviewing official shall ensure that appropriate provisions are made for the following items,in order to ensure that development will be consistent with the findings and conclusions of Ordinance No. 14-2004,which rezoned said property from R-1 to B-2: a. No new uses served by South 90th Avenue will be permitted until it is improved to hard surface urban access road standards. Upon accomplishment of this construction, the restriction on access to parcel no. 181330-21403 required by Short Plat 92-14 should be removed or waived. b. Provision of legal access to parcel no. 181330-21002 and hard surfacing of this access for any commercial uses of said parcel. c. No new uses requiring water and/or sewer services will be permitted until wet or dry water and/or sewer lines are installed(in a location and a manner acceptable to the water and sewer purveyors) that wilt allni,v svrviee to the uses. d. Public dedication of a utility easement from the South 90th Avenue cul-de-sac south t the adjacent property to allow for looping and connection of public water and sewer mains to water and sewer mains on said adjacent property to the south in a location and manner acceptable to the water and sewer purveyors. - II II 1111 II III •11 I II 43639 9 Paw B of 51 67L/19/2A 5 89256A VOY f I)LTV I'flMMtoernurnn 210 e. Sitescreening and buffering of proposed uses from adjacent residential properties to mitigate adverse impacts. Appropriate techniques will be used including,but not limited to,view-obscuring fences and/or walls with rows of arbor vitae or equivalent tress, and the standard sitescreening techniques found in the Yakima Urban Area Zoning Ordinance. The preferences of adjacent property owners will be given significant consideration. Openings for pedestrian access through sitescreening will be considered and provided where appropriate. The above items shall not be construed to limit the reviewing official's authority to condition development in the manner allowed by the Urban Area Zoning Ordinance. V. Existing Residential Uses The existing residences at 8910 Tieton Drive and 9004 Tieton Drive and the land immediately surrounding them,as depicted in the site plan attached hereto as Exhibit 5,will remain in residential use. VI. General Provisions 1. This Agreement and any amendments hereto shall be recorded with the Yakima County Auditor promptly after execution and shall constitute a covenant running with said property that shall be binding on the heirs, successors and assigns of the parties. Unless rescinded earlier in the manner provided herein this agreement will remain in effect until December 31,2024, after which this agreement and the covenant shall lapse and become null and void. 2. The governmental entity with land use jurisdiction over said property may enforce the requirements of this agreement 3. With approval of the governmental cnti ty having land use jurisdiction over said property, this Agreemeaat may be modified or reseir led in the future so long as public notice and participation requirements for a Rezone are followed before the governmental entity with jurisdiction agrees to any amendment. 4. Amendments of this a eery cnt that may in the future be agreed to by the parties hereto shell supersede prior versions of the agreement and the related covenant. it il till 11110II_1111111 1 YAK COUNTY COMMISSIONERS OR 8.00 Yakima Co, WA 211 IN WITNESS WHEREOF,this Agreement has been entered into between Yakima County and the owners of said property on November 23,2004. Pro erli Owners: 72e",e(-L- - - DOC.. [NE i:_s( po,er s of 51 YAK LO Y COrvi[SSINAS Yk�n C , S9=5EA 212 IN WITNESS WHEREOF,this Agreement has been entered into between Yakima County and the owners of said propc n November 23,2004. Property rrs: STATE OF WASHINGTON ) )ss. COUNTY OF Yakima County ) On this 111'`;day of Decentim 2004,before me, a Notary Public in and for the State of Washington,personally app eared rT N 4+c-- met- • ' �- personally know to me(or proved to me on the basis of satisfactory evidence)to be the person(s) who executed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. UNDA J. LEIFERMAN NOTARY PUBLIC in and for the State of NOTARY PUBUC Washington,residing at3a,k STATE OF WASHINGTON COMMISSION EXPIRES My appointment expires ) NOVEMBER 20,2005 Print Name Lei ch,�' ,-i r.-' . r ,r} F; • r ILI I3849 � , flof51 I�C d.�I1Y Cd" f11 a$�21�95 99;56R �'�155IOwERo 06 1 .99 Yakima Ca, ICI 213 Board of Commissioners, County of Yakima, a Washington County James M. L, � ::fl21n R Attest: Jennifer Adams Ronald F. Gamache, Commissioner \ 1 . L .1y!_� eputy C. of the Board esse S.Palacios, Commissioner Cauhu Yng the Board 0CawryCommissioners fcr Yckiri p CmNney,Was thipm y 4iy111111 No Approved as to fors•• 4� �t�A C014 y#r,, } e 0(8E, (,..11, ........cI r crry Aug- 03 .re am=1%'.\\--/r Chief Civil uty : .;- . r ,, � i "_ ._ \ 1 ti ----ti—.! 1 Ilipmerio lull 74,36399 5] YFX CONY CIA ISS]OHkR.s S:ii0A Pari r5 s*56fl �} !A Afi Veil MA f�. LIP. 214 STATE OF WASHINGTON ) ) ss COUNTY OF Yakima County ) 'it' On this 3a a y of November, 2004,before Inc,a Notary Public in ar,d for the State of Washington, personally appeared % _ personally know to me(or proved to me on the basis of satisfactory evidence)to be the person(s) who executed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. ,ER. AD \ . gig, + NOT. L E EC in and orthc State of �;t. Washington,residing at " pl1$LIG ti g I My appointment expires 11 I rJDS *a *, ' \fihrliirre,r_Ad.iLS Print Name c STATE OF WASHINGTON ) ) ss. COUNTY OF Yakima County ) On this I day of No yc-nbcr 2 04,bYfo me,a Notary Public in and for the State of Washington,personally appeared personally know to me(or proved to me on the basis of satisfactory evidence)to be the person(s) who executed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. — LL — NOTARY LIC in and tir the State of :' 5,0�Ex i, ^ Was�:.�Q�o-�,residing at [�; --- � ����,�'� z My appointment expires � � )D5 01 a . ri Print Name . .fin;.. V r u in S ://1 - - — 1 ,I ._�I. „_ .- -I- F. 1]6r �s�1: G]56R 215 STATE OF WASHINGTON ) ) ss. COUNTY OF Yakima County ) On this day of Novem r,2004,before me, a Notary Public i. and for the State of Washington,personally appeared , and ciPS personally know to me (or proved to me on the basis of satisfactory evidence)to be the person(s) who executed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument,and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,I.have hereunto set my hand and official seal the day and year first above written. _ 1 e NOT AR r '' t LTC in and fur the State of Lief Washingt.i residing at _ L -- My appointment expires _ I jJ'lc ing- ego`A2 , F W Print Name s STATE OF WASHINGTON ) ) ss. COUNTY OF Yakima County ) On this day of November,2004,before me, a Nosy Public in and for the State of Washington,personally appeared Jim Lewis and Jesse Paiacios,personally know to me(or proved to me on the basis of satisfactory evidence) Ro be the persons who exeeutedthis i:7.5trl:trGent,on oath stated that they were.alathorizect to execute the instrument, aid acknowledged it as the Board of Commissioners of COUNTY OF YAKIMA to be the free and voluntary act and deed of said County for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at _ My appointment expires Print Name 111111 Pa , �k:of 51 sir__. _�4v 89 56A YAK mom, f:t1MMTSSTNJt'GR cum 44 RA Yaleima (.n. WA 216 EXHIBIT 2 rA 'r , w. v YAI(IMA COUNTY • 3 T. .. ....n,..,..,.. w I 14 ":.__w Ma „B„ w ,•• %V• 20a3 Amindmnt b ry "' - r Yakfm4 Urban ktr Comp Min •-• r r LI , . i , ' %+ aw oi 22004 n.n a +... 21402 *ray 1 N 21001 1 . I ,I J A00 12003 ' 7 22407 1AG 474 Sari Site 21402 417 i 'am".1.........„........—j , ' 21002 1 4.30 1 2240S ; 445 E 2a 1---3 rr [,Er E9TAT S c 2] 3 Cteelc� 12013 ^ 2a.�t 21401 ShawCreek I 210 _ G 1 - ,e ---- • I21005 LAI —I 21000 i13 ill TO 4wur.mr mad IT* II iip.•Mad IN mrITTpleas L 22010 • A•H a UP IT MO a Pr. i 1.41 —•- —- - y�T.NO INT � ��. �i • A24004 - 1?i1l71L 1i9 •1 11 -+r4r,la 2TM .mo..r TM mp Tmarti r_••r.rr..riw s...-- Mui_i L. .—._,2 JUG '---•W,—....rr.r,a., R,.Sr r 1 l r iII _.....____ j 44a 639f 51 JI YI4C cure iniiimtricK nGx1 an ea fill�2695 69156A 217 EXHIBIT 3 EXCERPTS FROM YAKIMA URBAN AREA ZONING ORDINANCE 15A.23.030 Rezones-7.on Amendments. (a) Initiation-An amendment to the zoning map may be initiated by: (I) Resolution of the legislative body with jurisdiction or the regional planning commission; or (2) A rezone application filed by the property owner(s). (b) Aicai -All rezone applications shall be filed with the planning department. The planning department shall process the application under the provisions of Section 15A.11.080. The application shall include the information required in Section 15A.11.030 and the signature of the owner(s)of the property. (c) Nblic Hca rir,t by d ie Hearing nminer-Upon receipt of a complete application for a rezone, the planning department shall forward the application to the ::ear:• examiner for public hearing and review. Provided, that rezone appI:ti_=i�7ti. initiated by Out city or county to implement a newly adopted or amended Comprehensive Plan, or which are of broad general applicability shall be heard by the Regional Planning Commission under the provisions of 13.CW Chapter 36.70. The public hearing sbrrI] be held and notice provided under the provisions of Chapter 15A.1.1.09 , The applicant .shall appear in person or by agent or atti ri t: y. Failure to do so shall constitute sufficient cause for continuance or denial r lip:: requested action. Other pies may appear in person or by agent or attorney, or may submit written comments. (d) Rgssurnendfition by tW Regional,PlanninR C_gmnv.si2 -The regioxill planning commission, may if requested by the hearing examiner, submit a recommendation on the proposed rezone to the hearing examiner prior to the issuance of his decision. The recommendation of the regional planning commission shall in no way be binding on the hearing examiner. (e) 1]ecisipn by th1,1-1earinjLExaminer _ Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall issue a written oxammendaticn to approve, approve with conditions or deny the proposed to=one. The recommendation endation shall include the following considerations: (1) The testimony at the public bearing; (2) The suitability of the property in question for uses permitted under the proposed zoning; DOC. I Lr.. EX f.t (3) The recommendation from interested agencies and departments;! II 7436399 111111 11111 Page. 14 of 51 11[1111111110 �_ 218 (4) The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area Comprehensive Plan and the intent of this title; (5) The adequacy of public facilities, such as roads, sewer, water and other required public services; (6) The compatibility of the proposed zone change and associated uses with neighboring land uses; and, (7) The public need for the proposed change. Notice of the hearing examiner's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body. (f) Actjon_bv the Legit ajve Body. - Upon receipt of the hearing examiner's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in Section 15A.11.090. In either case, the findings of the legislative body shall include the considerations established in subsection(E) of this section. • (g) Time Limit and Notification - Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. (Ord 10-1985 Mod. 6 §67, 1987; Ord. 10-1985 §1 (part), 1986) EXCERPTS FROM YAKIMA URBAN AREA COMPREHENSIVE PLAN Policy C3.2 - Specialty shopping centers (e.g., building supplies, home furnishing, and automobile sales and accessories)should be allowed where the following criteria are met: 1. Location on an arterial street; 2. Maximum size of 10 acres; 3. No vehicular access through residential areas; and 4. Adequate buffering between any adjacent residential uses. Such centers may be allowed,when water and sewer service, street improvements, trafiii.,f, contro[ devices, municipal servic41 and other deve]ciprucnt•ic[ated in:pro1F i cnts are irk place. --� Policy C3.3 - Community shopping centers (typical leading tenants may be a discount dept, store, building/home improvement store, drug/variety store) should be allowed where the following criteria are met: 1IIUhIMl1 �` :� 51 �:a72137; v r:56R 219 • 1. Location on an arterial street; 2. Typical size of 10 to 30 acres; 3. No vehicular access through residential areas; and 4. Adequate buffering between any adjacent residential uses. Such centers may be allowed,when water and sewer service, street improvements,traffic control devices, municipal services and other development-related improvements are in -.- . place. Objective CS:New commercial development will be landscaped, and existing landscaping maintained, especially for buffers between residential and commercial uses. • Policy G2.2 - Protect existing neighborhoods from excessive commercial and industrial encroachments through the establishment of definite neighborhood boundaries and implementation of zoning standards which minimize the impact on adjacent properties. Policy G4.1 - New urban development should be encouraged to locate first, within the City limits and second, within those portions of the Urban Growth Area where municipal services and public facilities are already present. Policy L1.1 -Promote a diversity of land uses by forming appropriate transitions between land uses by means of techniques such as landscape buffering and step down zoning. Policy T4.1 -Coordinate.land use planning to insure that industrial and commercial uses are placed where transportation accessib i]i t> is or is planned to be greatest. Objective El: Encourage development in arras with few environmental hazards to minimize the loss of natural resources due to urbanization. 11111 Mil 111 111111 1111 P 9 of 51 6.I1 i0.e6d5 09:56A YAK COUNTY COMMISSIONERS ORD t0.00 Yakima Co, WR 220 EXHIBIT 4 EXCERPTS FROM YAKIMA URBAN AREA ZONING•ORDINANCE I5A.12.020 Required Ferrrnitst • (c) Exem pn - The following developmen1 nd modifications to development :. ex i:.pt from the review and permit provisions of this title. Provided, they do not i a required site improvement: (1) Normal structural repair and maintenance; (2) Changes to conforming structures which do not involve structural alterations as that term is defined by this title; (3) Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units nor physically expand the structure; (4) Accessory structures otherwise meeting the specific development standards and requirements of this title and which do not require a building permit 'under the provisions ofthc Uniform Building Code as adopted by the citylcouniy (5) Communication towers less than thirty-five feet in height and which meet the standards of Section 15A.04.I30; (6) Exempt signs; (7) Yard sales meeting the requirements in Section 15A.04.060A; (8) Alteration to land, including grading and leveling, paving stockpiling, and excavation,the fair market value of which does not exceed five hundred dollars; (9) All grading, construction of private or public roads, landscaping, construction of sewer, waste water facilities, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improvements. 15A.l7.040 Modification rkf l�puroverl and Existing,Cl a ss ID. Uses Deve1epffientand Approved and Existr Manufaetu.red/Mobil e Homes, --- Review of proposed modifications to approved CIass(1)uses and to existing Class(1)uses and which do not require Class (2) or(3)review shall be conducted by the building official under the provisions of Chapter 15A.13... 15A.17.05014feaditicaria of AnDr4,ed nrtd Existing Class12) and (31ITstc and Pevek ment, (a) Appiicatio - Requests for modification to existing uses or development requiring Class (2) or (3) review, and developments approved after Class (2) and (3) review or Ill II IIIII' I�rlIII II I , I 7436399 ICI III A1i1 iAASR4SFR 221 administrative adjustments to Class (1) or (2) uses, shall be made in writing to the planning department on forms supplied by the department and in accordance with the general procedures of Chapter 15A.11. A site plan conforming to the provisions of Section 15A.11.040 shall accompany the application. In the case of an approved Class (2) or(3) use or development, the site plan shall be the site plan previously approved by the reviewing official. The site plan shall also show the location, size, and type of modification proposed by the applicant. (b) Detesminati= - Modifications to existing uses or development requiring Class (2) or(3) review or use and developments 2pp:wed after C1. 4s (2) and (3) review, may be administrat:v,:1:r and summarily approved by the planning department if the department determines: (1) Any proposed change in the site design or arrangement: a) Will not increase residential density; and, b) Will not inc:ease the amount of parking by more than ten per.]cnt(10%)or twenty(20) spaces (whiehcyer is ].2a5t), exeept that the amount of pa.iking for controlled atmosphere and cold storage warehouses may be increased by up to twenty (20) spaces;and, c) Will not change or modify any special condition previously imposed under Class (I), (2)or(3)review; and, d) Will not increase the height of any structure; and, e) WiIl not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and, f) WiIl not expand an existing nonconfo:fining use, except as provided for in Section 15A.17.020, or reader a conforming sRru.eture nonconforming; and, g} In the determination of the planning department will not create or materially increase any adverse impacts or undesirable effects of the project. (2) Any new use or change in use proposed: a) Is a Class (1) or(2)use in that particular district; and, 1:0 Is similar in character and hours to the operation and the use originally approved or existing; and, DCC, t`,i: i.,. c) The off-street parking and sitescreening requirements for the new use',arc equal to or less than the existing use; 74:�03 09 �:r:7.2.r.,-, 69:56R 222 (3) All proposed new structures, site improvements, or structural alterations to existing structures or site imp ovements comply with the development standards of Chaptrzs 15A.05 thronh 15A.08. Any proposed modification that does not meet all the requirements of this subsection shall be denied and shall be subject to the review procedures of Chapter 15A.14 for modifications of Class(1) and(2)uses and Chapter 15A.15 for modifications of Class (3) uses. (c) pecisi, nd Notification isi r i - The planning department shall make and issue a written decision with simple Endings acid masons for such decision within ten days following the receipt of the completed application for modification of development The department shall mail its deeistnn to the applicant. Denials shall be final unless the applicant,within fourteen (14) days of the mailing of the decision: (a) Files a proper application for CIass(2)or(3)review as appropriate, or (b) Appeals the decision. Decisions to administratively approve modif catiotrs shall constitute a Cerrifieate of Zoning Review and shall be forwarded immediately* to the building official for the- issuance of a development permit. In the issuance of a decision to admiinis tively approve a modification, the planning department has the authority to impose conditions necessary to assure compliance with the development and design standards of Chapters 15A.05 through 15A,O8 as woii]d be allowed to the building official. However, the planning department has no authority to impose special conditions of approval or to adjust site design or development standards. (Ord. 10-1985 clod. 6 §§61, 62, 1 7; Ord. 10-1985 §1 (part), 1986; Ord. 3-1993 §5I, 1993;Ord.4-1995 §9, 1995) 15A.19.0 70 Change From neon rennin_ Use t o�ass (1).(2) or f3) Use. The following procedures shall be followed for changing a nonconforming use to a Class (1), (2) or(3)use: (a) C-.., nge to a pass f 1,) Use- Application for changing a nonconforming use to a CIass (1) use shall be made under the provisions of Chapter 15A.13 Clans(1)review. (b) Change Jo a Class (21 U - Application for changing a nonconfonuing use to a Class (2) use shall be made and reviewed under the provisions of Chapter 15A.14 Class (2) Review. The administrative official may approve the proposed Class (2) use when he determines the proposed use is compatible with the objectives of the Yakima Urban Area Comprehensive Plan, the intent of the zoning district and the provisions and standardt00 established herein. (c) C ige t°-a Class (3) Application for changing a nonconforming use to Class (3) use shall he made and reviewed under the provisions of Chapter 15A.15 Class (3) NV 11111111 1111 11111 11 11 7 a36399t51 l 4rAgIS WI: RA 223 Review. The hearing examiner shall hold at least one public hearing on the proposed change prior to rendering a decision. The hearing examiner may approve the proposed Class (3) use when he determines it is compatible with the objectives of the Yakima Urban Area Comprehensive Plan and the purpose and intent of this title. (Ord. 10-1985 Mod. 6 §63 (part), 1987; Ord. 10-1985 §1 (part), 1986). l SA.1P.080 Reconstructioti_of a No Use and l ucture Damaged Beyond event '-five Percent of Value—Char,2e From a Noncorrfor•min use to Anplher NenconfarrnEn tTse—Erpansia tJ+f a onconfoniegUse or Street,I re. The following procedures shall be followed to replace a nonconforming structure damaged beyond seventy-five percent of its value using the most recent ICBO construction tables, change a nonconforming use to a different nonconforming use, expand a nonconforming use throughout a structure, or expand a nonconforming use or structure throughout a lot or onto an adjoining lot. Provided, a structure that is nonconforming only by reason of excessive building height or substandard setbacks or is a noneorYforniing single-family dwelling may be altered or expanded under the modification provisions of Section 15A.17.050 when: the alteration or expansion: (a) Does not increase the degree of nonconformity of the structure; and, (b) Complies with development standards of the district in which it is located;and, (c) The nonconforming stnacture is occupied by a Class (1) or Class (2) use or is a single- family dwelling or duplex; and, (d) In the case of expanding a nonconforming single-family dwelling or duplex,the proposed expansion is fifty percent or less of the existing building area. The provisions of Section 15A.17.050 shall also be used for the reconstruction of a nonconforming single-family dwelling damaged beyond seventy-five percent of its value using the most recent ICBO tables. (1) Applioion -- The application procedures for replacementlreconstruction of a nonconforming structure damaged beyond seventy-five percent of its assessed value shall be the same as those established in Section 15A 14.030 for Class (2) uses. The application procedures for change or expansion of a nonconforming use or expansion of a nonconforming structure, shall be the same as those established in Section 15A.15 030 for Class (3) uses. A detailed site plan conforming to the provisions of Section 15A.11.050 shall accompany any applications required by this section. 11 + DOC. �dA��...,E (2) Review_ (a) Any nonconforming structure damaged beyond seventy-five percent of tts- assessed value using the most recent ICBO tables may be reconstructed subject to the Class (2) review process under the provisions of Section 15A.14.040 and subject to the conditions in Section 15A.19 080.3. (b) For any request to change from one nonconforming use to another or to expand a nonconforming use or structure, the planning department shall 1111111111111111111111111111111111111111111111111 14 36 26 of 51 224 review and process the application for Class (3) review under the provisions of Section 15A.15.040 and subject to the conditions in Section 15A.19.080.3. The hearing examiner shall hold at least one public hearing. Within ten days after the public hearing,unless a longer period is agreed to on the record or in writing by the applicant, the hearing examiner shall render a written decision. (3) Conditions for Appf'o1. ;i1 - The administrative official or hearing examiner may grant the relief requested if he finds all of the following: (a) That the expansion, change, reconstruction or replacement requested would not be contrary to the public health, safety or welfare; and (b) That the proposed expansion, change, reconstruction or replacement is compatible with the character of the neighborhood; and, in the case of an expansion or change, does not significantly jeopardize future development of the area in compliance with the pr:r.. sions and the intent of the zoning district; and (c) That the significance of the applicant's hardship is more compelling than, and reasonably overbalances, the public interest resulting from denial of the relief requested; and (d) That the use or structure was lawful at the time of its inception; and (e) That the value of nearby properties will not be significantly depressed by approving the requested expansion,change,reconstruction or replacement, (f) Mill the nonconforming structure shall blimp Iy with all applicable rr=vt•lopment s All dam[5 and codes to t r. extent feasible. The expansion, change, reconstruction or replacement requested shall be denied if the administrative official or hearing examiner finds that one or more of the provisions in subsection 3 s through f of this section are not rnet. (4) Findin d Con lion - The administrative official or hearing examiner shall prepare written findings and conclusions stating the specific reasons for his decision to approve, approve with conditions, or deny the application. The findings shall include the administrative official or hearing examiner's determination regarding compliance of the proposed expansion, change, reconstruction or replacement with the criteria established in subsection 3 above. The administrative official or hearing examiner shall issue a Certificate of Zon' - 1?cv�iew in a4r rdance with Section 15A.15.060 upon approval of an application '" 1"`` and accompanying site plan. (5) c. nditian l Appr - When approving reconstruction or replacement of a nonconforming structure., a change from a nonconforming use to another nonconforrni ng use, Or the expansion of a nonconfor_ni n g use er strL'oturc1 the III I I 1111 1I 11111111111111 1111111111 II 1111 7 � 51, 225 administrative official or hearing examiner may attach conditions to the proposed change, expansion, replacement or reconstruction or any other part of the development in order to assure that the development is improved, arranged and screened to be compatible with the objectives of the Yakima Urban Area Comprehensive Plan, this title, and neighboring iand uses. (Ord. 10-1985 Mod. 6 §63 (part), 1987; Ord. 10-1985 §1 (part), 1986; Ord 16-1998). tC�n CC. l;',.7.7EX as 11 III Page �2 of 51 1111 . At/fA/2AA5 A9:56R 226 •- _____ • • •• - • - - - - - - EXHIBIT 5 17.775711:7:Ly111777797-71g.li•W-y, .Ar-ii-17.;.777.7_77.;,vrtirim.7.--..•=7..-77--1.67-?..7.--!-7 •,. - 7 L -!....;. 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IN'•-:'DILI,' Vc......LA 7436399 Pagel 2.3 of 51 II 11 11 III 1111 II ill II 1111 1 '91/MEIS5 03:5611 vov MIMTV rnmmmunwrin APn sn FIR Yakima Co, WA 227 E t-i (8 �T" County of Yakima,Washington Hearing Examiner's Recommendation May 25,2004 In the Matter of Rezone Application ) Submitted by; ) ) ZON #03-013 Bainter Enterprises, LLC ) and others ) ) Fop a Rezone of four parcels from ) Single-Family Residential (R-1) ) to Local Business (B-2) ) Introdnctio n. The Hearing Examiner conducted a public hearing on February 19, 2004, March 1, 2004 and April 1, 2004. The last ; bit accepted into the record, Exhibit 55, was,dated and accepted into the record on May 11, 2004, and the record was closed on Mat date after an opportunity for the parties to reach agreement on the issues proved to be unsuccessful. This Recommendation has been issued within ten business days after the date when the record was closed. The staff report presented by Senior Planner Phil Hoge recommended approval of the Rezone application after completion of., some of the infrastructure and after execution of a development agreement as conditions precedent thereto. The applicants' representatives, Mr. James C. Carmody of the law firm of Velikanje, Moore and Shore, P.S. and Mr. Thomas R. Durant of Durant Development Services, Inc., requested approval of the Rezone without any conditions precedent or alternatively with conditions different than those proposed in the staff report. A neighbor who opposed the R.ezo .,.Mr. Matthew Seaman, and his representative, Mr. James . hsinter T.t.C,et-al. 1 - - 1 89I0.9010 TiQt:',rt Drive - -„ Yakima,WA 98908 1,1 ZON 03-013 743 6399 Race: 21 t? 51 Mk =I 'Y crib ttr rpm rim ac,nn $111.11-1. 6A • 228 Adams of the law firm of Wagner, Luloff and Adams, requested denial of the Rezone or alternatively approval with conditions different from those recommended by the staff report or the applicants. The parties attempted without success from April 1,2004 to May 10, 2004, to formulate an agreed recommendation, at which point the matter of formulating a recommendation was entrusted to the Hearing Examiner. Summary of Recommendation. The Hearing Examiner recommends approval of this Rezone application subject to conditions that have aspects tailored to address concerns of each Of the respective parties. • Basis for Recommendation. Based upon views of the site without anyone else present on February 18, 2004 and on May 23, 2004;the information contained.in the application, staff report,. exhibits, testimony and other evidence-presented. at•an:open record:public hexing on:February 19, March 1 and:April 1.,. 2004; and..a review of both.the:Yakima Urban Area Comprehensive'Plan,and.the..Yakima Urban Area Zoning_Ordinance, the Hearing Examiner makes.the following: FINDINGS Applicants.Bainter Enterprises, LLC and Greg and Adele Bainter, 7501 Olmstead Court, Yakima, Washington 98908; Glen and Keli Radke, 8910 Tieton Drive, Yakima, Washington 98908; and Gary L. Perrault, 9010 Tieton Drive, Yakima, Washington 98908. i'Wad i . Bainter LLC,et.al. 2 — E ( • 8910-4010 Tieton Drive , Yakima,WA 98908 i ZON 03-013 i II 99 vov nnnruill 61/1743639/2S $ Q 56A 229 Location. 8910, 9004, 9010 and 9010A Tieton Drive, Yakima, Washington; Parcel numbers 181330-21002 (Radke), 181330-21401 (Bainter), 181330-21402 (Bainter) and 181330-21403 (Perrault). p p 1 i c a t i o n;. This application requests Rezone of four contiguous parcels of land from Single-Family Residential (R 1) to Local Business (B-2). There are three applicants because one of the applicants owns two parcels. Although it is characterized as a non- project rezone, there are already on the property some commercial uses which would not be allowed in an,R-1 zoning district, but which could be permitted in a B-2 zoning district. All of the commercial uses except one are considered legal nonconforming "grandfathered"uses. N: tices. Notices for the SEPA processes and the public hearing were provided in. accordance with applicable-ordinance-rec;.L vfnientsiwthefollowit manner; Mailing.of notice of public hearing January 16, 2004 Legal Ad for hearing published. January 20,2004 Mailing of notice for rescheduled public hearing January 30; 2004 Legal Ad for rescheduled hearing published February 3,2004 Posting of prop L _ February 3,2004 State EnyironrnonfaI Policy_Act. Environmental review for this proposed Rezone was conducted concurrently with the 2003 amendments to the Yakima Urban Area Comprehensive Plan when it was contemplated that the Rezone would be processed concurrently with the Plan amendment. Yakima County and the City of Yakima were co- Iead agencies; The process resulted in an Addendum to the final environmental impact statement for the Yakima Urban Area Cornpr,ehen ive Plan which identified and Bainter LLC,et.al. 3 8910-9010 Tieton Drive COO. ! ? ; Yakima,WA 98908 1i 1 ZON 03-013 C` 11111111111111 E1 i� �11 III fiEGErc4:5516RiII11��II li 230 •I � considered the flooding. along Shaw Creek, especially its south side; protecting the functional properties of Shaw Creek, which is a fish bearing Type 3 stream; and various impacts.that new commercial uses could have on adjacent residences, including impacts involving vehicular access and safety, noise, lighting, glare and aesthetics. The Addendum which was adopted August 6,2003 was not appealed within the appeal period. Current Comprehensive Plan aad Zoning Designations and Land [Jses. The four parcels are currently designated Neighborhood Commercial, zoned R-1 and have the following land uses: Parcel 21002 (Radke): single family home, automobile repair business (use considered a code violation as per notice dated October 15, 2002) and open land; Parcel 21401 (Bainter): single family home, office studio, maintenance and storage for "monster-trucks" (since 1985) and open land; Parcel 21402 (Bainter): single family home and open land; Parcel 21403: single family home, meat cutting and wrapping business (since 1977), landscaping business (a home occupation) and open land. The existing zoning and existingland uses on adjacent•properties are: Loea"ion • Comnreheasivepl n i' Zoning kosi. Tse North Low Density Residential R-1 Residential&undeveloped; South Low Density Residential& R-1 Residential&agriculture; Medium Density Residential East Low Density Residential& R-1 Residential(under Medium Density Residential construction) &agriculture; West Low Density Residential& SR&R-1 Residential &miscellaneous Urban Reserve services Bat round & Proposed Uses. The 1997 Yakima Urban Area Comprehensive Plan designated the site and adjacent properties as Low Density Residential. The site and adjacent properties were rezoned from Suburban Residential to R-1 in 1998. The adjacent properties to the south were redesignated Medium Density Residential through a Comprehensive Plan amendment submitted by Rich Hochrein as part of the 2000 Bainter LLC,et.al. 4 8910-9010 Tieton Drive _ Yakima,WA 98908 ZON 03-013 74339 11I ll e,ti� 2r 9 56 6'i�.� c95 A 11 231 1 } Comprehensive Plan amendments, and the,zoning of this Medium Density Residential property is R 1. Thereafter the applicants submitted an application to redesignate the subject parcels from Low Density Residential to Neighborhood Commercial as part of the 2003 round of Yakima Urban Area Comprehensive Plan amendments. That application also included a request to concurrently rezone the parcels from R 1, Single-Family Residential, to B-2, Local Business. The public notices, the environmental review and the staff report for the Comprehensive Plan amendment included the concurrent Rezone as part of the application. The staff recommended denial of the requested Rezone based primarily on plan policies that encourage new urban development to be located within the city limits and fully served with public services, particularly roads, sewer and water. The Regional Planning Commission (RPC) found that the requested Rezone should be processed through the separate hearing examiner process based on ambiguity concerning the RPC's legal authority to recommend a concurrent:rezane..The:RPC.also<found-that the County and City should follow the same procedures.within::the. Yakima.Urban•Growth • Area ( .GA) and concluded that_the requested:Rezone should be processed.through the. separate hearing•examiner process. In addition, the:RPC found the area south:.of Shaw Creek was not suitable for a commercial Plan designation due to flooding.. The.RPC recommended the Neighborhood Commercial'Plan'designation only on•the area north of Shaw Creek and did not recommend the concurrent Rezone. The Board of County Commissioners accepted the RPC's recommendation by adopting Ordinance No. 13-2003 on October 14,2003. Prior to that time Mr. Radke had constructed a 2,400 square-foot garage storage building on parcel 21002. In response to a complaint received by Yakima County Permit Services Division, the Yakima County Code Enforcement Officer issued a Notice of Violation on October 15, 2002 directing Mr. Radke to discontinue operating a commercial auto repair facility in a private use garage and to obtain a plumbing and Bainter LLC• ,et.al. g 8910-9010 Tieton Drive �C^ Yakima,WA 98908 ZON 03-013 t ---� 1111W 1111111111 I111 1I11l1111111 I11II 11I 111111 1111 p 4 A6 p 59 q 51 5RR • 232 • mechanical permit for the illegally installed plumbing and.heating in the structure, which process will require a septic clearance prior to issuance of a plumbing permit. In addition to seeking this Rezone to allow Mr.Radke to apply for approval of the commercial auto repair facility as a Class 2 use, the applicants are seeking this Rezone to Local Business to bring their other existing legal "grandfathered" nonconforming commercial uses on their properties into conformance with zoning. In addition to these objectives, however, the Rezone would additionally allow a specialty neighborhood commercial center to be developed in an area that is increasing in population and could benefit from nearby small-scale commercial services. The applicants plan to continue operating their existing businesses and to develop neighborhood-oriented commercial businesses on the rest of the property over time,though they do not appear to be in a hurry to do so. Mini-storage and recreational vehicle storage facilities and other retail or service businesses are presently under consideration. Initially, the existing.homes on parcels 21002 and 21401 will remain in residential use to provide a buffer between the site-and:residential.areas to the north and northeast. The opinions expressed at the hearing relative to the requested Rezone vary considerably, from•advocating approval of the Rezone without conditions because it fully implements the Comprehensive Plan designation; to denying the.Rezone because itis spot zoning that is inconsistent with nine of the Comprehensive Plan Goals, Policies or Objectives. Rezone Review Criteria. Recommendations regarding Rezone applications within the Yakima Urban Area must be based upon the following criteria specified in Section 15A.23.030 of the Yakima County Code(YCC): 1. The testimony at the public hearing: The staff report recommended approval of the Rezone application after completion of some of the infrastructure as a condition BainterLLC,et.al. 6 ; �C:. [ "r E, " 8910-9010 Tieton Drive 1 Yakima,WA 98908 K— ` ZON 03-013 7�436399 Page 29 of 51 9111912685 89:56R 233 precedent thereto. The applicants requested approval of the Rezone without conditions, particularly without conditions precedent, or alternatively with conditions different than those proposed in the staff report. A neighbor who opposed the rezone requested denial of the Rezone or alternatively approval with conditions more stringent than those recommended by the staff report or the applicants. The parties attempted without success from April 1, 2004 to May 10, 2004,to formulate an agreed recommendation. 2. The suitability of the property for uses permitted under the proposed zoning: The.Yakima Urban Area Comprehensive Plan's Future Land Use Map was amended to the Neighborhood Commercial designation on the subject property north of Shaw Creek on October 14, 2003. Mr. Carmody argues that this Neighborhood Commercial designation supports the B-2 Local Business zoning classification to the extent that no other considerations or conditions are necessary or appropriate. His argument is based on the terminology in Figure I11-3 of the Comprehensive Plan to the effect that the Local Business (B-2) zoning district "fully implements"the Neighborhood Commercial Plan designation. He cites authority for the proposition that the word "implements" means that the zoning.district all rr;r'•el y carries out the Comprehensive Plan goals,policies, standards and directions. He also points out that the Board of County Commissioners has already previously considered the same seven criteria applicable to. ,rezoning the property when it approved the Comprehensive Plan change. While these points are well-taken, they do not allow the Hearing Examiner to ignore the requirement of YCC 15A.23.030 to consider the same seven criteria again in light of the particular zoning district being requested. As Mr. Hoge points out, the term"fully implements" is used in Figure III-3 of the Plan to describe zoning districts that are deemed compatible with a Plan designation without the need for site-specific considerations. Since Figure 111-3 also indicates that the B-1, HB and SCC zoning districts also fully implement the Neighborhood Commercial designation, the mandate in YCC 15A.23.030 to consider the Bainter LLC,et.al. 7 L C,C. ! 8910-9010 Tieton Drive Yakima,WA 98908 ZON 03-013 II III 11 III IIIF I 3IUt51 • s1/'.� 6: As.56A l 234 ! I seven criteria already considered in the Plan redesignation process has to mandate a more detailed consideration in light of the specific zoning district being requested and the more specific facts that are available in the Rezone application process. The Comprehensive Plan guidelines as to consistency do not render the zoning ordinance requirements meaningless even though they are identical because the criteria are applied in more specific settings in the Rezone process. It is true, as Mr. Carmody argues, that the applicants' property north of Shaw Creek has been found to be suitable for the types of uses in the B-2 zoning district through the Board of County Commissioners' Plan redesignation process. But, as Mr. Hoge argues, that does not end the inquiry as to whether conditions may be needed to satisfy the seven Rezone criteria. That is particularly the case here. Here the Regional Planning Commission recommended the Plan change to Neighborhood Commercial "provided provisions are made to protect adjacent residential properties, and. provide for street and utility improvements." The: RPC also recommended a development agre,; :t.nt' be required:. during its Plan redesignation process. Where there are:already existing.commercial uses on the site, a • considc7arty:.i. of the circumstances involved in this Rezone-application,process can be more specific than in the typical nonproject Rezone application.process where it is not known what commercial uses will be involved. Here some'of the c omrn er iai uses can be .known because they already exist. The Comprehensive Plan designation for the property north of Shaw Creek does support the B-2 zoning if the other six Rezone considerations in YCC 15A.23.030 allow, or can with the imposition of conditions allow, said Rezone to be granted. 3. Recommendations from interested agencies and departments: In a memo dated July 1, 2003, The Yakima County Public Works Department's Surfacewater Management Division, recommended preserving or restoring adjacent portions of Shaw Creek for fish and wildlife; calculating Shaw Creek flood flows and depths to determine Bainter LLC,et.al, S F,bCC 8910-9010 Tieton Drive Yakima,WA 98908 }--t ZON 03-013 -- f I( P11 1 111 11— � 44 6 1 9£ 51 maw. 235 proper location and building elevations; treating and detaining surface water discharges; mitigation or removal of any violations of the 50-foot Critical Areas Ordinance (CAO) buffer adjacent to Shaw Creek; retaining and infiltrating or evaporating increased flow from the site; designing future stormwater runoff treatment facilities according to Draft Final Eastern Washington Stormwater Management Manual methods; and preserving natural drainage courses in accordance with the "Core Elements" of the Draft Final Eastern Washington Stormwater Management Manual.Although Mr.Adams would make these recommendations of Public Works conditions precedent to the Rezone, Mr.Hoge's suggestion.to address the concerns regarding Shaw Creek through project level review when particular projects are proposed for that part of the property would seem to most fairly and efficiently allocate the burden of completing those measures, particularly in view of the ambiguity left in the evidence as to the nature of past activities near the creek. The Yakima County Public Works Department.also:indicated.in several.exhibits that.the existing easement.onto Tieton Drive for Parcel No..181330-21002 is only satisfactory for. residential access and-is-not suitable for. commercial access. for. several.reasons. Mr. Adams agrees with. that%conclusion. Mr. Seaman: is. clear that he will not grant a commercial easement for that parcel in lieu of the existing residential'easement. Mr. Carmody and Mr. Durant are unable to point to any viable alternative for-commercial access to that parcel except over the Bainter property to South 90th Avenue, but they would like to preserve the possibility of finding a suitable alternative. Nob Hill Water desires to extend its pipe in South 92nd Avenue south of Tieton Drive to the south in order to connect and loop with the pipe in Hochrein's development, which is south and east of . the subject site,which will require the grant of an easement to the boundary of the site. 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima Urban Area Comprehensive PIan and the intent of the Zoning Ordinance: Bainter LLC,et.aL 9 O0C-" �, ? --+►. 8910-9010 Tieton Drive Yakima,WA 98908 h- k ZON 03-013 7436332 o99 Fage f 51 61118/2005 90:56A 11 236 • ) a) Comprehensive Plan: As indicated previously, the Comprehensive Plan designation of the subject property north of Shaw Creek was changed to Neighborhood Commercial on October 14, 2003. The Plan designation on the subject property south of Shaw Creek was not changed and remains Low Density Residential. Insofar as Figure III-3 of the Plan establishes that B-2 zoning is fully consistent with the Neighborhood Commercial Plan designation and is inconsistent with the Low Density Residential designation, B-2 zoning is consistent with the Plan for the property north of Shaw Creek which is designated Neighborhood Commercial, and is inconsistent with the Plan for the property south of Shaw Creek which is designated Low Density Residential. The Yakima Urban Area Comprehensive PIan defines Neighborhood Commercial as: "Small scale shopping centers, with shared parking and access, usually lotted on arterial streets. Neighborhood commercial centers are dispersed throughout the Urban Service Area to provide convenience shopping to the residential population." Other provisions of the Comprehensive Plan that-apply to commercial development are: (i) Policy G4.7 seeks to encourage development that shortens the distance between residential areas, schools, shopping and employment centers. While Mr. Adams correctly points out that the nature of the existing.businesses on the property tends to draw people from other areas, it is also true that additional commercial development on the property will serve people in that area who would otherwise have to travel further for whatever goods and services will be offered there. (ii) Policy G9.4 seeks to encourage commercial, industrial, office and multi-family developments to locate in distinct clusters in planned growth areas. The proposed Rezone would clearly further that policy. (iii) Goal C.2 seeks to provide convenient shopping locations consistent with the development patterns of the community. While Mr. Adams correctly points out that there is a shopping center one mite away, the subject property is already devoted to sinter L .C, et I. 10 8910-9010 ' ittha Drive 1~-CC Yakima,WA 98908 ION 03.013111 • I - I II 436 of 51 oo.coo 237 commercial uses that are not found in that nearby shopping center and future commercial uses may likewise be different than those found in the vicinity. •(iv) Policy C2.3 seeks to allow and encourage small scale mixed-use retail/residential/professional development within neighborhoods after contact is made with neighborhood residents to determine appropriate areas for small scale mixed-use developments. .Here, after hearing neighborhood comments and being aware of a development agreement proposed by the applicants to mitigate potential impacts on adjacent properties, the Regional Planning Commission and Board of County Commissioners determined that part of the subject property was appropriate for such uses by amending the Comprehensive.Plan's Future Land Use Map relative to the part of the property north of Shaw Creek. (v) Objective C.3 seeks to allow retail facilities in those areas of the urban area not adequately served.by retail'centers: Although Mr. Adams.suggests that the area is adequately served by existing shopping.centers, there is.evidence,of recent residential development and growth in.the.area that.would•utilize..additional.retail:uses.at this.site, as well as evidence that the proposed Rezone would result in different commercial uses on this site than are found in existing shopping centers in the area. (vi) Policy C3.2 indicates that specialty shopping centers (e.g., building supplies; home furnishing, and automobile sales .and accessories) should be allowed where located on an arterial street with a maximum size of 10 acres, no vehicular access through residential areas and adequate buffering between any adjacent residential uses when water and sewer service, street improvements, traffic control devices, municipal services and other development-related improvements are in place.Although the site is on Tieton Drive, Mr. Adams correctly points out that the site exceeds the maximum size for a specialty shopping center. He also points out that access through residential areas, lack of buffering and lack of public sewer prevent this site from meeting this Plan policy. The Bainter LLC,et al. 11 Dec. 8910-9010 Tieton Drive --t` .�w Yakima,WA 98908 `. ZON 03-013 7436399 Pace 34 cf' S1 @1/i@/29@5 @5.56R ^^^ ,n no V51,ima fn. WA 238 portion of the site north of Shaw Creek recommended for Rezone is about 15 acres rather than. 10 acres. The area suitable for development will be reduced by approximately half an acre due to Critical Areas Ordinance buffering standards adjacent to Shaw Creek, leaving an area suitable for development of approximately 14.5 acres. Mr. Adams is correct in his observations. Only with the imposition of conditions to prevent vehicular access through residential areas, to require effective buffering and to require infrastructure improvements to be in place for existing and future commercial uses will the Rezone be consistent with this policy. Though Mr. Hoge recommends five years for completion Of the required improvements to be consistent with City of Yakima policies, this situation warrants an exception to normal policies. The fact that Code enforcement efforts are pending against an existing commercial use, a neighbor is waiting for sitescreening of that use, interest rates are on the rise and the applicants presently have the best chance of sharing costs equitably all suggest that the three-year period for completion of infrastructure proposed by Mr.Adams would betterbalance the.competing.interests.. (vii) Policy.C33'indicatesthatcorn.iur.'rti•shopping centers.(typical.leading tenants may be a discount department store; build i i r;iic_nc. improvement store or drug/variety store). should be allowed where the same criteria as for specialty shopping centers are met except that the. ;ii ixiium...size.is 30 acres rather.than:.10 acres: Even though the proposed Rezone would satisfy the size criteria.for this policy, Mr. Adams is again correct in pointing out that the proposed Rezone would satisfy this policy only if access would be limited to South 90th Avenue, only if commercial street improvements are in place, only if municipal services are provided and only if effective sitescreening and other protections for the neighborhood are required. (viii) Policy G2.2 seeks to protect existing neighborhoods from excessive commercial and industrial encroachments' through the establishment of definite neighborhood boundaries and implementation of zoning standards which minimize the Bainter LLC,et.al. 12 ,1CC, °<;-J— . e 8910-9010 Tieton Drive Y4' • Yakima,WA 98908 ZON 03-013 1111111 111 P43 aP 51 i F , YAk mi Nry NIMM1ec rrure Ann „i 61 �9 c 95 G`•5SR 239 impact on adjacent properties. Again Mr. Adams notes the current lack of protection for the surrounding residences. Similarly, the proposed Rezone satisfies this policy only if appropriate screening and buffering conditions are imposed on the commercial uses to minimize their impact on adjacent properties: (ix) .Policy G4.1 provides that new urban development •should be encouraged to locate first, within the City limits and second, within those portions of the Urban Growth Area where municipal services and public facilities are already present. Even though the.Planning Department recommended denial of the concurrent rezone a year ago based in part on noncompliance with this policy, the Planning Department concludes at this point that the policy does not prohibit new urban development outside of the city limits, particularly where the city limits is adjacent to the property and public services. and:.facilities.'are. nearby- and can.b.e required as conditions precedent to the Rezone'taking effect. The Orchards-shopping'center.is an example.of.an:.area:that:was rezoned to its. current. commercial.zone--while outside.the-.city limits. The.preposal located.adjacent.to'.°lands.ortvthe.t east and:soutlythat were:a pproved:.,for.annexation- on. February-3, 2004: City sewers and:°Nvbl ill:Wate2.are:in.the:unm-ediata:vicinity;:maldilg. the property ripe- for extension of such utilities and:. annexation:-in• the near future: Commercial develop:tint wilt.necessitate:•improven.1(?1its:toI.Southf9.&'. vcr_u!'by the property owners and the lines for the municipal services should be put in place as part of the street improvements in order to fully comply with this policy. (x) Policy G4.2 provides that new urban development should be encouraged to be contiguous to existing development to avoid the inefficient "lead-frog" pattern of growth. As shown by the Cottonwood Grove subdivision under construction adjacent to the site on the east, Yakima's urban development now extends to the subject site. (xi) Policy G4.3 provides that development within the unincorporated portion of the Urban Growth Area should be encouraged to occur only on a limited scale Bainter LLC,et al. 13 D C f e L cif 8910-9010 Tieton Drive l Yakima,WA 98908 ZON 03-013II II ill 11 �1 7436399 I ' FiciP 36 oe 51 Eli EV.PA5 El ;568 uev nroniTu nnMMreernuroo non on nn V,1,4.5 N. IA 240 to prevent the inefficient use and distribution of public facilities and services, and to discourage rural development from becoming urban in nature outside of the Urban Growth Boundary. The proposal is currently in the unincorporated portion of the Urban Growth Area. However, because it will soon be adjacent to city limits on the south and east, because water and sewer utilities are on•:-2,djdeent properties and rigl,iu-of-way, and because Yakima's urban development has grown west to the subject property, the proposal substantially complies with the intent of this policy even though the subject property is currently outside city limits. (xii) Policy G5.3 seeks to ensure compatibility and reduce conflicts between existing farm uses and new urban uses. Even though farming activities are adjacent south of Shaw Creek, these agricultural uses are on lands designated for future medium density residential use and rezoning the portion of the subject bite that is adjacent to the existing farm uses (i.e., the area south of Shaw Creek) is not recommended, . (xiii) Policy L1.1 seeks to promote a diversity of land uses by forming appropriate "transitions-between.land• .uses •by.means of techniques such as landscape buffering.and step.down•:zoning. . Yakima.Urban-Area Comprehensive PIan Figure III-2 indicates that Neighborhood Commercial land uses are compatible with adjacent low- density and medium-density residential: uses with appropriate site considerations. Conditions and a development agreement along the lines recommended by the Regional Planning Commission are measures intended to provide an appropriate transition between commercial uses on the site and adjacent residential uses. (xiv) Policy T4.I seeks to coordinate land use planning to insure that industrial and commercial uses are placed where transportation accessibility is or is planned to be greatest. Recent improvements to Tieton Drive provide accessibility to the arterial road system. Full consistency with this policy also requires that South 901 Avenue be built to hard surfaced standards for Urban Access Roads so it can.provide Bainter LLC,et.al. 14 8910-9010 Tieton Drive Yakima,WA 98908 `'�' .-.. ZON 03-013 I� 241 adequate commercial access to the subject property because County standards require that access to commercial uses be hard surfaced. (xv) Policy C5 provides that new commercial development will be landscaped, and . existing landscaping maintained, especially for buffers between residential and commercial uses. Through a combination of zoning ordinance provisions and the proposed development agreement, appropriate buffers between the commercial site and adjacent residential uses can be required. (xvi) Objective El seeks to encourage development in areas with few environmental hazards to minimize the loss of natural resources due to urbanization. Although Mr. Seaman testified at the hearing that the topography of the creek area suggests that it could be subject to sheet flooding on the north as well as the south, the weight of evidence which led to the redesignation of the property as Neighborhood Commercial north:of. Shaw Creek.was.otherwise. .Mr..Adams notes hat.the Shaw Creek area is environmentally sensitive. Project level conditions regarding storm water..,runoff and other conditions will have.to be'imposed;uporruses in thatareato address concerns of the County and the residents and to comply with this Plan objective. (xvii) Summary: CompriYl-ensive Plan.policies support-B-2 zoning.on the subject site north of Shaw Creek, but conditions regarding: street improvements- and utilities will need to be imposed to comply with pertinent Plan policies relative to commercial uses. b) Urban Area Zoning Ordinance: The uses that would potentially be allowable if the property were rezoned to Local Business (B-2) are found in Table 4-1 of the UAZO. While the applicants indicate they are considering uses such as mini-storage, recreational vehicle storage, automotive repair, and other retail or service businesses, other uses that are potentially allowable if the property is rezoned to B-2 include: (i) As Class I (permitted) uses: day care center, storage of gravel and equipment for stet coutrucckon, stockpiling ❑f a then materials, attached single B ainter LLC,et.al. 15 8910-9010 Tieton Drive DOO, Yakimg,WA 98908 ZON 03-013 11111111111 g3��99f 51 6i11Ar 69;5BA 242 . i a_1.i_: dwelling (zero lot line}, duplex, multi-family dwelling, • advertising • agencies, parking lots and garages, bakery, beauty and barber shops, various retail stores, insurance agents, medical offices, restaurant and drive-in eating facilities, video sales/rentals. (ii) As Class 2 (usually permitted) uses: campgrounds, boarding house, animal clinic/hospital, various retail stores, automotive repair, automotive parts and accessories, hardware and garden equipment, grocery/convenience store closed at night, Iaundrie and dry cleaners, auto and truck rental, service station • closed at night,residential mini-storage. • (iii) As Class 3 (usually not permitted) uses:miniature golf woodworking, offsite hazardous waste treatment and storage, 24-hour grocery/convenience store, lumber yards,24-hour service station,taverns. . • The application does not include any particular use at this time other than the c orn i.;x rcial uses that are already on the site. The applicants have proposed a development agreement to limit impacts of future.development on adjacent properties regardless of the nature.of the uses.because: it would make new Class. 1 uses in the B-2 zones subject.to Class.2 review to ensure.consideration of neighborhood comments?in,deternining.,compatibility,• would retain•thee•exis ;hn ..at,8 9'(k ar,d..9 004:Tieton.Drive in:single-family use'and. would provide:for appropriate.sitescreen anrl.,b, e g_. l Hoge's:suggestion:that the 'development agreement topics. be limited to.requirements- that are appropriately handled through project level review-when particular proj ects•are propos ed is'the simplest approach for future decisionmaking. Imposing infrastructure requirements as conditions precedent to the Rezone is the only way to assure that they will be completed where we are dealing with four different parcels and three different owners who either need to cooperate in order to obtain the Rezone or need to reapply with a different proposal if they are unable to agree. The best way to assure that improvements that should be in place even for the existing commercial uses is to require them to be completed while the applicants are still united in their common goal of obtaining a Rezone of all four parcels. Bainter LLC,et.al. 16 8910-9010 Tieton Drive Yakima,WA 98908 ZON 03-013 74315399 Nvo 1Sof 51 �iIBa695 09 56A 243 • 1 5. The adequacy of public facilities such as roads, sewer, water and other required public services: Some improvements are necessary to provide adequate access and water and sewer services to the site. Hard surfaced access ways should be provided for existing commercial uses as well as future commercial uses to be consistent with County standards and Comprehensive Plan policies. Tieton Drive, which is four lanes with sidewalks and bicycle lanes, is adequate to provide access to the site. The right-of- way for South 90th Avenue, a cul-de-sac that currently provides access to three of the four parcels, is currently an unimproved road and should be improved prior to new commercial uses. But it would be difficult to impose the entire burden of improving South 90th Avenue upon the next proposed commercial use on one of the parcels in the future. And it would be difficult to persuade that next potential commercial user of the site to locate on the site and.accept that burden without a sharing of costs. Now, while the owners are now united in a common••effort, is,the time. for the.cost of-the infrastructure to:be fairly.. allocated.and.the iniprovementwto be.completed.:as.a.condition precedentxo•.zhe.Rezone: • The.testimony,:at:ther.l.ea,ing:was umdisputed,thatdhe.cu rr pit.residentiakaccess.easement across the...cartal.right-o ay.and-.across,Seaman' pr-operty:..will.•not be approved.as. an. commercial access to Radkes' Parcel No. 21002. The:County Public Works Department. recommends:that access to this parcel be provided-bywayof.South:90th`Avenue and no other viable alternative was suggested at the hearing. Public water, provided by Nob Hill Water, is adjacent in Tieton Drive and stubbed into South 92n1. Avenue and South 90th Avenue. Adequate dry line mains should be installed in South 90th Avenue to serve the rezoned area prior to or in conjunction with the construction of the South 90th Avenue road system. Installation after paving the cul-de-sac would require unnecessary repairs and expense later and it would be difficult to allocate the expense equitably at a later stage of development of one or more of the parcels. Easements will have to be provided to the south property line to allow for future looping. As part of the Tieton Drive Bainter LLC,et. al. 17 8910-9010 Tieton Drive �. �r`�;.. [a�' �t�C fi Yakima,WA 98908 •L. ° • ZON 03-013 _TEE — 1111111111111111 111111111111 .111 33�9f 51 ..... __ 9¢��k$�256�5 09�56 244 improvements; a dry sewer line was installed in Tieton Drive that will drain south along South 90th Avenue. To accommodate new developments on the site this sewer line will need to be extended south and connect with the sewer lines in the Hochrein development to the south and east and easements to the property line have to be provided for that purpose. All of these requirements of a commercial development are needed in view of the existing commercial uses on the site and they are best accomplished while all of the owners are cooperating in this joint effort to obtain a Rezone of their respective parcels in one application. Although Mr. Carmody argues that conditions precedent are unprecedented for a nonproject Rezone, Mr. Hoge's recommendation to require the infrastructure improvements as conditions precedent here makes sense. This application is more like a project Rezone than a nonproject Rezone because commercial uses are already in.place that should at least have commercial access. . Dry lines for utilities are . best installed with the street improvements. Infrastructure...improvements lave..been. required as conditions precedent to a rezone..on•Powerhouse..Road:.in,the, past. The infrastructure here being-required..wouldd:be•to-serve specific:commercial-land:uses that are already in-place. Cooperation'in sbaling.:the:cost and•providing the necessary.access easement and utility easements is possible when all .owners have the common goal.of obtainingthe Rezone,but unlikely otherwise. Once the Rezone.is obtained, the concern of each will focus upon their own parcel(s). Imposing such.conditions does not violate uniformity provisions of State law as suggested by Mr. Carmody because infrastructure improvements are uniformly required for Rezones where proposed uses are known. Here actual uses are known. They do have immediate and measurable impacts. There is a nexus and rough proportionality between the uses and the needed infrastructure and the Rezone cannot be in compliance with the Comprehensive Plan policies without requiring the infrastructure improvements. Whether they are required as conditions precedent or subsequent is a matter of practicality rather than,Iegality. Requiring the Radice parcel to BainterLLC,et.al. 18 8910-9010 Tieton Drive DOC. 1;y Yakima,WA 98908 ZON 03-013 • _ C 7436399 E 51 YPJ t'+11 f inv rYwwinerl �.,.I iIIiJiI'I I I I I 61/1S/2005 03:56A 1 245 d have a commercial easement and driveway for his commercial building as a precondition to his commercial Rezone does not deprive it of its existing residential access. It is his inability to utilize that residential access for commercial purposes that requires him to procure access from South 90th Avenue. If he is hesitant to commit to sharing in the cost of improving South 90th Avenue, installing dry utility lines and establishing a commercial access easement over the Bainter property without first knowing whether his Class 2 use application would be approved, I would suggest that he be allowed to immediately apply for contingent approval of a Class 2 use for an. auto repair shop to become effective only if the Rezone is ultimately approved. .Imposing conditions precedent otherwise preclude his application for several years until after the infrastructure improvements must be completed. If his Class 2 use were to be conditionally approved, he could procure the financing or commit.the resources to share in the infrastructure improvements needed to • obtain.,that.:Rezoneknowing-that.he-will,have-•a Class 2 permit to allow his use oneethe Rezone is approved: Mr: Carmody has •asserted: that kthere-shauldri.be no: conditions., precedent.required. Adanis<.ihas:-asserted.,that.:there-should...be more conditions, precedent:.required:.. The:only..conditions:precedent-here.,,Tecor3 7ei:taedmre::•those•,that: require cooperation-and:a-sharing of expense:amo ng sal]'the:owners toe insure..successful completion.ofthe infrastructure, if addressinglWli:�rRadk 's•Class2permitissues before he has to commit to sharing.in:the infrastructure:.expenses_required for,the.R F,zr:.i]_,would facilitate'the completion of those improvements, it is suggested that he be allowed to seek conditional approval through the Class 2 process before the conditions precedent to the Rezone are completed unless some regulation or policy prohibits that approach.. 6. The compatibility of. proposed zone change and associated uses with neighboring land uses: Several concerns were expressed at the hearing about the compatibility of existing and possible future commercial uses on the subject property. Mr. Seaman's concerns include aesthetics, the need for site screening,traffic accidents.on Bainter LLC,et.al. 19 EX 8910-9010 Tieton Drive Yakima,WA 98908 ZON 03-013 lil I :11 � pi 743399 1 a . 4cot5iII .I �lk fellla...A...r,�, CHill slilefi s5 es,ss A 246 .! I Tieton Drive; adequate access; adequate provisions for utilities; adequate parking, excessive noise, excessive lights and glare, environmental hazards businesses may pose -on the aquifer and Shaw Creek, effect on adjacent property values, terrain changes, flooding, creek band erosion/silting, and the razing of trees adjacent to Shaw Creek. Mr. Seaman presented a detailed presentation with photographs clearly illustrating his concerns, primarily with the Radke parcel being utilized for a commercial auto repair business and being accessed by way of a residential easement over Mr. Seaman's property. -It is helpful that potential impacts on adjacent residential uses are partially lessened by the topography of the site, a street configuration that can prevent commercial traffic from driving through adjacent residential areas and minimal street frontage on Tieton Drive. To further ensure mitigation of such impacts, the applicants have proposed a development agreement to be executed and recorded as a condition of Rezone approval. With the extra protection afforded by such a development agreement,the rezone.would be as compatible with neighboring land uses as can reasonably be expected. 7. The public need.fo.rtb'e�praposed;Thange: Mr. Carmody cited authority in his Hearing Memorandum to. the effect.that. a showing of changed circumstances is not required if; as here, the proposed Rezone implements the policies of the Comprehensive Plan. Furthermore, the evidence-presented:at the hearing indicates that:there has been and ' will be residential growth in the areas west of 80& Avenue, including the Cottonwood Grove subdivision development on the adjacent property to the east, that will need the products and services that will be made available by additional commercial businesses in that area. The Comprehensive Plan encourages the location of neighborhood commercial areas in close proximity to the neighborhoods they serve. Although the nearest commercial cult yr is only about one mile to the east on 72nd Avenue,the location and size of the subject site is conducive to specialty commercial services rather than the type of retail stores in existing centers along 72nd Avenue at Tieton Drive and Nob Hill Bainter LLC, et.al. 20 8910-9010 Tieton Drive " P E 1 Yakima,WA 98908 . ZON 03-013 ' .r )tt11ill 1111r 43i1534rof 51 247 1 Boulevard. The recent Comprehensive Plan Map amendment to the Neighborhood Commercial designation for the site that occurred on October 14, 2003 and the development of the surrounding neighborhood are both changed circumstances that support this requested Rezone. Consistency of the Rezone n'ith Develonmext Regulations and tke Comprehensive Plan under the Criteria Required by Sectipn 16 .06.02I of the Yakima county Code is determined by consideration of the following factors which will be considered in greater detail during future project review: a) The types of land uses permitted .at the site through a Rezone.to Local Business (B-2) would be consistent with the Comprehensive Plan designation of the site if needed.conditions areimpose dTand,adcvelopnient'agrecm istormalized.forthe-site: b) TheAendtrofletsMewisrldevelopm orithvltr:et f develop k77 x,t.:suchkas units'per acre•or o th .measures4:of nsit is.=not:affected.by this-application'because any.use permitted• on!the--site will be cons i the..density. allowed by the. Comprehensive Plan and,zo r i!I?,ordinance. c) The a vailab adequacy-of infrastru-cturemnd-publit.facilities•is in need of improvement, not only to serve future commercial uses on the site, but also to serve those existing commercial uses on the site that will become conforming uses as a result of this Rezone. The conditions of this Rezone and of the development agreement can insure the availability and adequacy of street and utilities infrastructure and facilities. d) The characteristics of the development will have to be consistent with the development regulations of the zoning ordinance. The zoning ordinance, critical areas ordinance and subdivision ordinance set forth specific standards for lot size,maximum lot • coverage,minimum building setbacks,parking,building height, sight screening,buffering Bainter LLC,et.al. 21 8910-9010 Tieton Drive '00O._ NE EX Yakima,WA 98908 ZON 03-013 'jai 1111111 �r 7ag3' 6 Pel 499 f 51 r YAK COUNTY COMhlissrnuNa� min , ee V.1. . A. 0956A 248 from Shaw Creek,flood proofing, street development standards and other details of future development of the site. Except for the existing commercial uses on the site, project and environmental review will take place at the time of development. CONCLUSIONS 1. The Hearing Examiner has jurisdiction to issue a recommendation to the Board of Yakima County Commissioners regarding this Rezone application. 2. The public hearing notice requirements of the zoning ordinance have been satisfied. 3.- After an Addendum to the.integrated EIS/Yakima Urban Area Comprehensive Plan was issued to satisfy SEPA--requirements- on August 6, 2003, no comments were received and no appeals were filed. 4. The requested Rezone is consistent with the Future-Land-Use Map III-3 and the Land Use Compatibility Figure III-3 of the Yakima Urban Area Comprehensive Plan for the area north of Shaw Creek and is inconsistent therewith for the area south of Shaw Creek. 5. There have been significant changes in the land uses in the vicinity of the property under consideration that justify the proposed zoning change from low-density residential uses to neighborhood business uses. } r. , ,' "1 Bainter LLC,et. al. 22 ' 8910-9010 Tieton Drive` ——..., Yakima,WA 98908 ZON 03-013 7436399 Fage. 45 of 51 91/19/2905 09.56R vak rroNTY rnm IsSIMERS 0R0 $8,00 Yakima Co, WA l 249 i 6. Adequate public services are available to satisfy the utility and access requirements of existing and future Local Business (B-2) uses on this site if conditions precedent are satisfied and an appropriate development agreement is executed and recorded. 7. The requested rezone satisfies the seven criteria in Section 15A.23.030 of the Yakima Municipal Code to allow for approval of the Rezone if conditions precedent are satisfied and a development agreement is executed in accordance with this Recommendation. 8. Approval of this rezone application will benefit the public in several ways by providing increased investment in the community, increased tax base, increased employment opportunities and increased availability of commercial services for the neighborhood. REcOM1vIENDATION The Hearing Examiner recommends that this application for a Rezone from Single- Family Residential (R-1) to Local Business (B-2) for property south of Shaw Creek be denied and for property north of Shaw Creek be deferred for APPROVAL at a Iater date it and only if, all the following conditions precedent to a Rezone are accomplished within three (3) years from the date that the Ordinance prescribing the conditions precedent becomes effective: a. Construction of South 90th Avenue to hard surface Urban Access Road standards, C. I .E t � ittcr LLC et, al. � 23 R--r �' :. A`ib-9010 Tieto T a Drive. •g Yakima,WA 989a8 ZON 03-013 42299 of Pa�e1 51 II III II i I r III 250 • including the conveyance of any necessary right of way therefor and the provision of commercial access from South 90th Avenue to Parcl No. 18133 0-21002. b. Access to all commercialuses within the area of the requested Rezone shall be from South 90`h Avenue unless,another access is required for emergency access by police or fire officials or codes, except that vehicular access to 'I icton Drive Meats shall .be allowed from South 92'1 Avenue until South 90th Avenue is improved to the. standards set forth above and until the local governmental entity having jurisdiction takes action at the owner's request, which is to be made promptly after South 90t Avenue is improved to waive or remove the restriction on access to Yakima County Assessor's Parcel No. 181330-21403 from South 90 'Avenue per Short Plat 92-14. • c. If requested by the Yakima Public Works Department, execution of a maintenance agreement by ail owners of Property within the area of the requested Rezone for the maintenance of South 901 Avenue until such time as South 901 Avcnuc is accepted by Yakima County, which agreement shall be in a form acceptable to the Yakima County Public Works Department. • d. Procuring and granting of a forty (40)-foot-wide easement for ingress, egress and utilities from South 90th Avenue to Yakima County Assessor's Parcel No. 181330- 21002. The easement will be hard-surfaced for the width of twenty four (24) feet. The owner of Yakima County.Assessor's Parcel No. 181330-21002 shall agree to perpetually maintain. said road and. easement and execute a road maintenance agreement acceptable to the Yakima County Public Works Department for that purpose. - e. Installation of dry lines for water and sewer mains adequate to serve the subject property in a location and a manner recommended by the Nob Hill Water Company and the City of Yakima respectively. • f. Public dedication of a public utility easement south from South 90th Avenue to the area south of the requested Rezone to allow for looping and connecting of public water and sewer mains to water and sewer mains on the adjacent property to the south in a location and a manner recommended by the Nob Hill Water Company and the City of Yakima respectively. g. Execution and recording of a development agreement prior to approval of the ordinance granting the Rezone that will contain terms and conditions substantially • as follows: BainterLLC,et.al. 24 t" I�5 : F fi 8910-9010 Tieton Drive 1 � Yakima,WA 98908 ZON 03-013 lilt III I f 11 III 746 DI Page°y^47�of' 51 t#.F Y�r;VIN B9,56R 251 DEVELOPMENT AGJ DEMENT This Agreement between the property owners and the County [or City] of Yakima has been executed as part of Comprehensive Plan/Rezone Amendment ZON#03-013. I. Property Affected • The Fnur parcels subject to this Agiecrnent which are legally described in E hi zit A :r.tacl:od to this Agreement are the Bainter Enterprises Parcel No. .1. 1330-2_fir,:'= and 181330-21402, the Perrault Parcel No. 181330-21403 and the Radke Parcel No. 181330- 21002. • • II. Purpose This Agreement prescribes terms and conditions for development on property in the area of the requested Rclone necessary to ensure compatibility with the neighborhood in the area of the requested Rezone. . • M. Applicability This Agreement:and the:terms and conditions contained:herein shall apply to the-property described in Exhibit A in the area of the requested Rezone except for the followinguses that shall not be governed by this Agreement: a. Existing Lses of the property within the area of the requested Rezone described above that were legal nonconforming uses under the R-1 zoning in effect prior to the Rezone of the property to B-2; b. Single-faruity reidences; c. Legal home occupations that become existing Class 1 uses in the B-2 zone; d. New development that is exempted from the review and permit requirements of Subsection 15A.12.020(c) of the Yakima Urban Area Zoning Ordinance(YUAZO) attached hereto as Exhibit 13; e. Modifications of existing or approved Class I uses under Section 15A.17.040 of the YUAZO atrach d hereto as Exhibit C regardless of whether or not the zoning approval being modified was made under the terms of this development agreement; Bainter LLC,et.al. 25 r ' 8910-9010 Tieton Drive Yakima,WA 98908 ZON 03-013 11‘ 11 III ill III II 11111 743�399 Pad: �� of 51 B1(L L 1109;56R 252 f. Alterations of legal nonconforming uses or structures under Section 15A.19.080 of the YUAZO and changes of legal nonconforming uses under Section 15A.19.070 of the YUAZO attached hereto as Exhibit D; g. Change of any present commercial, use or new use of any existing commercial building on the property within the area of the requested • Rezone, except for Yakima County Assessor's Parcel No. 181330-21002, if such change of use or new use is to a Class I use and satisfies the criteria of Subsections 15A.17.050(b)(2)(b) and (b)(2)(c) of the YUAZO attached hereto as Exhibit E. • IV. Permit Process • Except as provided above, all Class I uses in the B-2 zone shall be subject to the review process for Class 2.uses, rn that process, any conditions that may be imposed upon Class 2 uses may be imposed upon.said Class I uses, but otherwise such uses shall continue to be considered Class I uses with respect to the requirements and provisions of the YUAZO. This provision shall also apply to any new.Class I use of the commercial building on Yakima County Assessor's Parcel No- 181330c,21002 occupied by 11's Auto Repair which shall also be subject to the review process for Class 2 uses. . V. Existingilesidentiallrses The existing residences at 8910 Tieton...Drive and: 9004. Tieton Drive and-the land immediately surrounding them will remain in.residential use:The.areas subject to these restrictions will be established by site plan or legal description satisfactory to the Yakima County Planning Department, VI. Access Access to all commercial uses within the area of the requested Rezone shall be from South 90th Avenue, unless another access is required for emergency access by police or fire oicials or codes, except that vehicular access to Tieton Drive Meats shall be allowed from South 92°d Avenue until South 90th Avenue is improved to the standards set forth above and until the local governments1 entity having jurisdiction takes action at the owner's request, which is to be made promptly after South 90th Avenue is improved, to waive or remove the restriction on access to Yakima County Assessor's Parcel No. 181330-21403 from South 901 Avenue per Short Plat 92-14. NA- 1 Bainter LLC,et.al. 26 8910-9010 Tieton Drive Yakima,WA 98908 ZON 03-013 III 111!III gill i? $g 6 499f 51 na �. 0111012f% 09•56R YAK COUNTY CD,-"f4='^� rimn. �tiS m ,.,... _ � r, 253 VII. Sitescreening and Buffering 1. A six (6)-foot-high or higher view-obscuring fence or wall with a row of arborvitae or equivalent trees shall be provided along South 92n' Avenue for any new use on Yakima County Assessor's Parcel No. 181330-21403. The fence or wall and arborvitae or trees shall be placed regardless of adjacent land use. 2. Sitescreening Standard"A" as specified by the Yakima Urban Area Zoning Ordinance, consisting of a ten (10)-foot-wide landscaped planting strip with trees at 20 to 30 foot centers, shrubs and grouncicover shall be provided for any new use along T'ieton Drive and South 921u1 Avenne on Ya ma County Assessor's Parcel No. l8 1 33 0-2 1402 regardless of adjacent land use. 3. Site development for any new use bordering the north and east property lines of Yakima County Assessor's Parcel No. 181330-21002 that includes sitescreening or buffering will be reviewed by the applicable local government using the following guidelines: a. Sitescreening that is "view-obscuring" such as fences, walls or trees will either not be used, or will be set back down the slope in a manner.that minimizes view obstruction to neighboring properties, unless affected • neighbors do not oppose such view obstruction. b. New buildings will'.t kept:loW k profile by liming building height,• refrainingwalls,.in,ceasing.setbanks fiom the property line or a combination • of these measures. c. Compliance is subject to the applicable local government adjusting or waiving Yakima Urban Area Zoning Ordinance standards. that require sitescreening to consist of view-obscuring,structures or trees located on the property line. 4. Openings for pedestrian access through sitescreening will be considered and provided where and if appropriate. VIM General Provisions 1. This Agreement shall be recorded with the Yakima County Auditor promptly after its execution. 2. The governmental entity with land use jurisdiction over the above-described property or any owner of property within 500 feet of said property may enforce the requirements of Bainter LLC,et.al. 27 8910-9010 Tieton Drive tti v. E d " 1 Yakima,WA 98908 y ZON 03-013 0111111111111111101av• 39 56 of 51 rrr!huj 'jjrf!JjjjjJul ,.. 01119I2605 $9 56A • 254, -- - - • -- -*--- --- - -------- -- - • this Agreement by an action for specific performance and/or damages and for reasonable attorney fees and costs in Yakima County Superior Court. 3. With approval of the governmental entity with land use.jurisdiction over the above- described'property, this Agreement may be modified in the future if conditions change so as to impose a significant hardship that was not anticipated so long as public notice and participation requirements for a Rezone are followed before the governmental entity with jurisdiction approves such an amendment. , • 4. Except for amendments that may in the future be approved by the governmental entity with land use jurisdiction, this Agreement will remain in effect in perpetuity and shall constitute a covenant running with the land that shalt be binding on the heirs, successors and assigns of the parties. . • [Signatures and acknowledgments of all owners and of the representative of the • governmental entity with jurisdiction to allow for recording] • DATED this 25th day. of May, 2004: • • itt 37-b.:11• Gary M.Cuillier, Hearing Examiner • • Bainter LLC, et.al. 28 8910-9010 Tieton Drive DOO. LIT."EX Yakima,.WA 98908 ZON 03-013 �_ _ Page:7436399 5f 51 u R COUNTY COMMISSIONERS non ,1 1 61�16/5065 69'5611 i f: Department of Community and Economic Development ` )] Office of Code Administration ifift.) Receipt Number: CI3 -018342 J ru %igg• ..," 129 North Second Street,2nd Floor ",;:a;:s;-s' Yakima,Washington 98901 • [Receipt Date: 01/26/2012 Cashier: EHAZEN Payer/Payee Name: BAINTER GROUP LLC Original Fee Amount Fee Application# Parcel Fee Description Amount Paid Balance SEPA#003-12 18133021403 SEPA Environmental Review $265.00 $265.00 $0.00 608 S 90TH AVE CAO#001-12 18133021403 Critical Areas Review $200.00 $200.00 $0.00 608 S 90TH AVE Total: $465.00 Payment Reference Payment] Method Number Amount CHECK 2318 $465.00 Total: $465.00 Previous Payment History I Receipt# Receipt Date Fee Description Amount Paid Application# Parcel j Lc%c ,' , '?' f ),N Community Development Department Code Administration Division Receipt Number: Cligt-054622 �,{ 129 North Second Street,2nd Floor °•� Yakima,Washington 98901 l ,0 Receipt Date: 03/19/2014 Cashier: CDELLING Payer/Payee Name: BAINTER GROUP LLC 1 Original Fee Amount Fee Application# Parcel Fee Description Amount Paid Balance SEPA#008-14 18133021403 SEPA Environmental Review $265.00 $265.00 $0.00 608 S 90TH AVE CAO#001-14 18133021403 Critical Areas Review $200.00 $200.00 $0.00 608 S 90TH AVE Total Paid: $465.00 Tendered Amt: $465.00 Change Due: $0.00 Payment Reference Tendered Method Number Amount i CHECK 2326 $465.00 Total: $465.00 ___ Previous Payment History Receipt# Receipt Date Fee Description Amount Paid Application# Parcel t . Q ^Qom. it•;' E, - /u c 6:.d 257 Offices of Code Administration/Code Enforcement CITY OF YAKIMA City of Yakima ODE ADMIN, DIVISION JUN 32014 To: City of Yakima- Offices of Code Administration/Code Enforcement EC'VD FACED❑ From: Dr.Matthew Seaman Date: June 2, 2014 5_ '(O'6,42. °PAID 10 `l Re: Unlawful Critical Area Alteration on Bainter parcel 181330-21403 Please take immediate action to address the Unlawful Critical Area Alteration on property owned by Mr. Greg Bainter(AKA Bainter Group LLC). Shaw Creek is a Class 3 stream that has Critical Areas 50 feet to the north and 50 feet to the south of the stream;this Critical Area (Vegetative Buffer, Fish and Wildlife Area) has been mowed to the high water mark of the stream.As such,vegetation except for grass has been mowed such that there would appear to be no natural vegetation remaining within the Critical Area. It would appear that the protection of Critical Areas is addressed by the State of Washington Growth Management Act, City of Yakima Critical Area Ordinances, as well as 2012 documents for a Shaw Creek Fish and Wildlife Restoration project proposed by Mr. Bainter and approved by the City of Yakima. It would appear that Mr. Bainter failed to perform the required alterations (improvements) of the Fish and Wildlife Area as outlined in the 2012 Notice of Decision; in addition, it would appear that the City of Yakima failed to enforce the requirements outlined in that Notice of Decision.As a result, Mr. Bainter was allowed by the City of Yakima to move Shaw Creek to the south with- out restoration of the altered Critical Areas. There are added concerns related to the relocation of Shaw Creek to the south since this is a FEMA 100 year floodplain. The alterations to the Critical Area Floodway may lead to worsening of the flood damage associated with large seasonal floods that overflow the banks of Shaw Creek It is known that the City has issued permission to an adjacent property owner,Mr. Radice,to mow the Shaw Creek Critical Areas. However, it would appear that the City has not issued any written permission that would allow Mr. Bainter to destroy these protected Critical Areas. There are also NO agricultural uses of Mr. Bainter's land; even Mr. Bainter has recently documented that his land is "vacant". It may be true that the land was once used for agriculture,perhaps orchard land(or other agricultural purposes) more than 10 years ago,but there is no current or recent use of this land that would allow Mr. Bainter to destroy the Critical Areas. The expected action by the City of Yakima is the immediate execution of an order from the City of Yakima Of- fices of Code Administration (Code Enforcement) for Mr. Bainter to stop ongoing destruction (Unlawful Criti- cal Area Alteration) of the Critical Areas associated with Shaw Creek. Past experience with City of Yakima Code Enforcement has demonstrated that the City has issued"bogus" shutdown orders;this means that the City has issued orders to stop illegal activities (by individuals) but then issues follow up statements that the order to stop illegal activities will not be enforced.Due to the documented practice of issuing"bogus"Code Enforcement Orders, I am requesting that the City seriously review the Duty to protect Critical Areas and issue an immediate and authentic order to stop Illegal(unlawful) Critical Area Alterations by Mr. Bainter. It is also requested that the City of Yakima make ongoing inspections and enforcement actions to ensure that the Shaw Creek Critical Areas are protected; specifically,Mr. Bainter needs to be monitored by the City to ensure that he does not continue to mow and destroy the Shaw Creek Critical Areas. It would appear that the City of Yakima should post the site with a series of physical signs that document the "stop order" (to stop the Unlawful Critical Area Alteration).The City of Yakima would also appear to have a 4lttly to ai allow any further development at the slte by ME Bainter(Bainter Group LLC)_ Currently the City of Yakima is reviewing SEPA/JARPA documents that have been submitted by Mr.Bainter to further alter the Shaw Creek Critical Areas as he places utilities at the site(see the Bainter Sewer Line Proposal currently under review with the City of Yakima Planning Department).While the City of Yakima has indicated that it will approve the Bainter Sewer Proposal,the legal obligation of the City is to disallow approval for development at the site until such time as the unlawfully altered Critical Areas are restored. VOGCTIn 5 258 ' Given the involvement of the City of Yakima with respect to the destruction of the Shaw Creek Critical Areas,it may be inappropriate for the City to be the Lead Agency with the responsibility for restoration of the damaged Critical Areas. For this reason, State of Washington authorities should be made aware of the U awful Critical Area Alterations by Mr.Bainter and the role played by the City of Yakima. - 001/4s\o‘ 0 \\I\ 5 G0�`N \bg E 00 �ti000 G\/p 0 . bCC.M`y E)(;_ ,