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HomeMy WebLinkAbout06/01/2010 06 Scenic Estates Preliminary Plat, JBS Properties - Public Hearing BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of June 1, 2010 • ITEM TITLE: Closed Record Public Hearing on the Preliminary Plat of Scenic Estates, submitted by JBS Properties, Inc. SUBMITTED BY: Michael A. Morales, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Alice Klein, Assistant Planner, 576 -6693 SUMMARY EXPLANATION: Scenic Estates is a 13 -lot subdivision of approximately 12.9 acres of R -1 zoned property. This property is located at 707 North 80 Avenue. This plat complies with the requirements of the Comprehensive Plan, Zoning . Ordinance, Subdivision Ordinance, Development Standards Ordinance and Traffic Concurrency Ordinance. On April 22, 2010, the Hearing Examiner conducted an open record public hearing to consider this application. Examiner issued his written recommendation for May 6, 2010, the Hearing Exa r s approval of this application subject to conditions contained within the staff report. On May 18, 2010, the City Council set June 1, 2010 as the date for Council to conduct a closed record public hearing. Resolution Ordinance Other (Specify) Public Hearing Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: = City Manager STAFF RECOMMENDATION: Accept the Hearing Examiner's recommendation and direct the Legal Department to prepare the appropriate legislation. BOARD /COMMISSION RECOMMENDATION: The Hearing Examiner recommends approval of the preliminary subdivision subject to conditions. • COUNCIL ACTION: • s i JBS PROPERTIES "Plat of Scenic Estates" PLP #001 =10, PD #001 -10, SEPA #001 -10 City Council Closed Record Public Hearing June 1, 2010 EXHIBIT LIST Applicant: JBS .Properties "Plat of Scenic Estates" File Number: PLP #001 -10, PD #001 -10, SEPA #001 -10 Site Address: Vicinity of North 80th Avenue & Scenic Drive Staff Contact: Alice Klein, Assistant Plamler CHAPTER AA CHAPTER A CHAPTER B CHAPTER C CHAPTER D CHAPTER E CHAPTER F CHAPTER G CHAPTER H CHAPTER I Table of Contents Hearing Examiner Recommendation Staff Report Site Plan Maps DST Review & Agency Comments Environmental Checklist Application Public Notices Public Comments Supplemental Information t t JBS PROPERTIES "Plat of Scenic Estates" PLP #001 -10, PD #001 -10, SEPA #001 -10 EXHIBIT LIST CHAPTER AA H.E. Recommendation AA I Hearing Examiner's Recommendation 05/06/10 I �1 L� C C I 1 CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION May 6, 2010 In the Matter of a Preliminary Plat ) And Planned Development ) Application Submitted by: ) PLP #001 -10 JBS Properties, Inc.' ) PD #001 -10 SEPA #001 -10 For a 13 -Lot Preliminary Plat ) And a Planned Development in the ) Vicinity of 707 North 801.h Avenue to ) Be Known as "Scenic Estates" ) 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 April 22, . 2010. (2) A thorough staff report was presented by Assistant Planner Alice Klein which recommended approval of this preliminary plat and planned development subject to enumerated conditions. (3) The only other testimony was presented by the applicant's representative, Rick Wehr of PLSA Engineering & Surveying, to the effect that the proposal is for an upscale residential development with lot sizes more than four times larger than the minimum lot size and with a gated private street and landscaped area down the center of the plat so as to provide ample open areas. He also indicated that the drainage concern expressed by the two written comments received will be addressed so as not to be a JBS Properties 'Vicinity of 707 No. 80`h Ave. 13- Lot, Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 1 aoc. /NpEX problem, that the proposed lots have been situated so as to minimize the effect on views and that the view concern expressed in one of the written comments would have to be discussed.with the applicant since the City does not regulate that aspect of the. - proposal other than through its maximum building height limitation of 35 feet in the Suburban Residential zoning district. (4) This recommendation has been issued within ten business days of the hearing. B. Summary of Recommendation. The Hearing Examiner recommends approval of this preliminary plat and planned development for the reasons set forth in Alice Klein's staff report subject to her recommended conditions. C. Basis for Recommendation. Based on a view of the site with no one else present on April 19, 2010; the staff report, exhibits, testimony and other evidence presented at the open record public hearing on April 22, 2010; the conditions of the SEPA MDNS dated March 26, 2010, which became final without an appeal; and a consideration of the applicable subdivision requirements, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS I. Applicant/Property Owner. The applicant is JBS Properties, Inc., 1819 South 4t' Avenue, Yakima, Washington 98902. The property owner is Garry Griggs d/b /a The Rabbit Patch, LLC, 7706 Scenic, Drive, Yakima, Washington 98908. II. Location. The location of the proposal is in the vicinity 707 North 80th Avenue and JBS Properties 2 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" DOC. PLP #001 -10; PD #001 -10; SEPA #001 -10 INDEX C C - � . I 1 ' the Assessor's tax parcel number is 181317- 33433.. III. . Application. This application is for a preliminary plat and master planned development of about 12.9 acres into 13 single- family residential lots in the vicinity of ' North 80'h Avenue and Scenic Drive at 707 North 80`h Avenue. It was submitted to the City of Yakima Planning Division on January '6, 2010. SEPA environmental review resulted in the issuance of a Mitigated Determination of Nonsignificance. The preliminary plat criteria and the planned development criteria must all be considered in connection with this application. IV. Notices. Notices of the April 22, 2010, public hearing were provided in accordance ' with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC). They include the following: Publishing of Notice of Application and Hearing: February 12, 2010 Mailing of Notice of Application and Hearing: February 12, 2010 Posting of Land Use Action Sign on the Property: February 12, 2010 V. Environmental Review. The SEPA Responsible Official issued a Mitigated ' Determination of Nonsignificance (MDNS) on March 26, 2010, which became final without an appeal and which required the following mitigation measures: "(1) Contractors doing clearin g gradin g paving, construction or landscaping g work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). ' Burning is prohibited at all times during land clearing. JBS Properties P 3 Vicinity of 707 No. 80`h Ave. DOC. 13 -Lot Plat of "Scenic Estates" PLP. #001-10; PD #001 -10; SEPA 9001 -10 INDEX # 1 F-� (9) Upon preliminary plat approval the applicant and City of Yakima shall enter into a development agreement codifying all development standards and conditions of ' approval prior to final plat approval and recordation (YMC 15.28.030(B)(5) & 15.28.050)." JBS Properties 4 Vicinity of 707 No. 80`h Ave. DOG. 13 -Lot Plat of "Scenic Estates" INDEX PLP #001 -10; PD #001 -10; SEPA #001 -10 A. . J 1 (2) The water purveyor is responsible for ensuring that the proposed use (s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. ' (3) A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution i Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to and [any] clearing, grading or construction. These plans and control ' measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. ' (4) The applicant will be required to retain the stormwater on -site. 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 be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used. in the drainage design, they must be registered with Department of Ecology (DOE). A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. (5) During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction (YMC 6.04.180). (6) The site design for this project shall adhere to YMC Ch. 15.05 & 15.06 standards including, but not limited to: parking, building setbacks, lot coverage, fence height, access, & building height. (7) When provided, lighting is required to be directed to reflect away from 1 adjacent properties (YMC § 15.06.100). (8) All conditions, not herein mentioned, for fire and life safety shall comply with ' the 2006 IFC standards. (9) Upon preliminary plat approval the applicant and City of Yakima shall enter into a development agreement codifying all development standards and conditions of ' approval prior to final plat approval and recordation (YMC 15.28.030(B)(5) & 15.28.050)." JBS Properties 4 Vicinity of 707 No. 80`h Ave. DOG. 13 -Lot Plat of "Scenic Estates" INDEX PLP #001 -10; PD #001 -10; SEPA #001 -10 A. . J 1 fl I . "- 1 VI. Transoortation Concurrency Ordinance. This application was reviewed and approved on March 10, 2010, for consistency with the City's Transportation Capacity Management Ordinance. The review, resulted in a finding to the effect that this development will not exceed the PM peak hour capacity of the City's arterial street system and that reserve capacity exists on all impacted arterial streets. VII. Development Services Team. The following comments were submitted by the Development Services Team which met on January 27, 2010, and by other public agencies or private companies who submitted information during the comment period for. this proposal: (1) Code Administration: The gates shall comply with the 2006 International Fire Code (IFC) Section D 103.5 and shall be at least 20 feet wide. Each lane shall be at least 20 feet in width per Section 503.2.1 of the 2006 IFC. Nob Hill Water Association, in concert with the City of Yakima Fire Department, shall direct location(s) of the fire. hydrants. Additional comments will be forthcoming upon submittal of building projects. All buildable fill material will need to have required compaction testing/reports and any retaining walls within the development will require engineering and permits. Preliminary addressing is as follows: Lot 1 717 N. 80th Avenue Lot 8 7604 Madera Way Lot 2 7905 Madera Way Lot 9 7702 Madera Way Lot 3 7903 Madera Way Lot 10 7704 Madera Way Lot 4 7801 Madera Way Lot 11 7802 Madera Way Lot 5 7703 Madera Way Lot 12 .7902 Madera Way Lot 6 7701 Madera Way Lot 13 7904 Madera Way Lot 7 7605 Madera Way JBS Properties 5 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 DOC. INDEX All addresses must be hown on the face of the final lat. In addition Y p ,the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but be to The City may subject change." of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. (2) Streets and Traffic. Access to Lot 1 should be on Scenic Drive located as far to the east side of the lot as is practical. The curb island at the subdivision entrance should be set back a minimum of two feet to avoid damage from snowplows. If parking r is allowed on the private road, it will be very narrow for garbage truck operation, especially in the corners. ' (3) Engineering: Title 12 requires full frontage improvements along the east side of North 80`h Avenue and on Scenic Drive, consisting of full height curb, gutter, sidewalks and street lighting from the south line of the development on North 80" Avenue to the east line of Lot 1 on Scenic Drive. The private streets do not meet City Street Standards. Therefore, a note shall be shown on the face of the plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be constructed to meet the City Standards at that time." (4) Wastewater: Sewer is provided by the City of Yakima. Each lot shall be served in this subdivision and extend to the west to 80th Avenue and north to Scenic Drive. Sewer lines shall remain public within public easements accessible by Wastewater. Wastewater connection charges shall apply. In accordance with 12.03.080, the maximum side sewer length within the public right -of -way shall be one hundred feet unless otherwise approved by the City Engineer. _ (5) Stormwater: The applicant states that runoff will be collected and disposed of via surface retention areas and infiltration facilities. These are acceptable methods of handling the runoff if designed and sized correctly. The slopes within this development could lead to cuts or fills, resulting in a worsening of existing runoff patterns. The runoff from the back side of lots onto adjacent properties may need to be addressed. Complete stormwater design plans, specifications and runoff /storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed professional engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A JBS Properties 6 Vicinity of 707 No. 80th Ave. 13 -Lot Plat of "Scenic Estates" C) D�� OC, PLP #001 -10; PD #001 -10; SEPA #001 -10 INDEX t L 1 1 copy of the UIC Well registration form from DOE shall be submitted to the City of Yakima's Surface Water Engineer. (6) Water: Nob Hill_ Water (NHW) requires an 8 -inch main be extended through the development. The 8 -inch Ductile Iron (DI) main line from the High Valley Plat shall also be extended into this development. Once this is completed, NHW will have 4,000 gpm at 20 psi residual pressure. Developments that are located closer to NHW wells or reservoirs may not have acceptable water pressure. In this development Lot 2, 3, 12 and 13 may experience pressure between 40 -50 psi. To boost this pressure the developer will need to allow for a personal booster system to the new home if a higher pressure is desired. Placement of hydrants shall be addressed during the plan review phase. (7) Department of Ecology (DOE) Water Resources Comments: The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, place of use or period of use), then it is subject to approval from DOE pursuant to RCW, sections 90.03.380 and 90.44.100. If water for dust suppression will be used at the site, it is necessary to have a legal right. A water right permit is required for all surface water diversions that will exceed 5,000 gallons per day. (8) Department of Ecology (DOE) Water Quality Comments: A National Pollutant Discharge Elimination System (NPDES) Construction Stormwater . General Permit from DOE is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction, and utility, placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original SEPA does not disclose all proposed activities. The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes . storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. (9) Department of Ecology {DOE) Toxics Clean-up Comments: Based upon the ' historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and ' analyzed for lead, arsenic, organochlorine pesticides, and total petroleum hydrocarbons. If these contaminants are found in concentrations. above the Model Toxics Control Act (MTCA) clean up levels, Ecology recommends that potential buyers be notified of this. JBS Properties 7 Vicinity of 707 No. 80`h Ave. ' 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 DOC. INDEX (10) Yakima Regional Clean Air Agency YRCAA) Comments: Contractors doing demolition, excavation, clearing, construction or landscaping work must file a Dust Control Plan with, YRCAA, prior to the start of construction. Burning is prohibited at all times. (11) Yakima - Tieton Irrigation District Comments: This proposal is within the Yakima - Tieton Irrigation District boundary and has 6.82 shares of Yakima - Tieton Irrigation water. Irrigation district approval shall be shown on the face of the final plat. VIII. Zoning and Land Use. The property within the proposal and the property surrounding the proposal is within the Suburban Residential (SR) zoning district. The property is currently a vacant parcel. Adjacent property to the north is developed with residential and agricultural uses. Adjacent property to the south is developed with residential uses except for some vacant land. Adjacent property to the east and west is also developed with residential uses. IX. Jurisdiction. Sections 1.43.080, 14.05.050, 14.20.100 and 15.28.030 of the Yakima Municipal Code (YMC) provide that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the subdivision criteria listed in YMC Section 14.20.100 and in RCW Chapter 58.17 and the planned development.criteria listed in YMC Chapter 15.28. X. Preliminary Plat and Planned Development Review Criteria. Sections 14.20. 100 and 15.28.040 of the YMC provide that the Hearing Examiner shall review a proposed preliminary plat and planned development during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: JBS Properties g Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -M PD #001 -]0; SEPA #001 -]0 DOC. INDEX I C r� 1 1 1 J 1 1 1 (1) Subsection 14.20.100(l) -- Consistency with the revisions of the City's () Y P ty 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 the UAZO: (a) Consistency with Intent of Suburban Residential Zoning District: Subsection 15.03.020(A) of the Urban Area Zoning Ordinance (UAZO) indicates that the intent of the Suburban Residential (SR) zoning district is to allow residential development of a density up to seven dwelling units per net residential acre in areas served with both public water service and a public sewer system. The district is characterized by up to forty -five percent lot coverage, and by a mixture of land uses and residential densities including small farms, scattered low- density residential development, and clusters of higher - density residential development. The minimum lot size in the district would be 7,000 square feet for this development which will be served by public water and sewer services. The proposed plat and planned development is consistent with the intent of the SR zoning district. (b) Consistency with Development Standards of the Suburban Residential Zoning District: Chapter 15.05 of the UAZO is designed to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote the public health, safety and welfare. The proposed development meets the requirements of this chapter as follows: (i) Maximum Lot Coverage: The maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the SR district the standard is intended to protect the open ' character, and ensure that land is available to accommodate septic tanks and drainfields. Each lot in this proposal will be connected to City sewer. The maximum lot coverage in the SR district is 45 %. The applicant indicated that the large lots will better facilitate any big homes proposed for this development without exceeding lot coverage standards. (ii) Structure Setbacks: In the SR district, structure setbacks are intended to provide light, air and emergency access. Setbacks and easements and rights -of -way are intended to minimize the impacts from traffic on adjoining property owners ((YMC § 15.05.020(D)). The proposed development meets all applicable setback standards for the SR zone. JBS Properties 9 Vicinity of 707 No. 80'h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 DOC. INDEX # /1-1- (iii) Maximum Building Height: The maximum building height in the SR zoning district is 35 feet (YMC Ch. 15.05, Table 5 -1). The proposed . building heights will be approximately 32 feet. (iv) Sidewalk Requirement: Sidewalks on one side of the street are required with new construction. A sidewalk is required if one exists within two hundred feet of the development on the same side of the street. ((YMC 15.05.020(J)) The proposed development shall install a sidewalk along North 80 Avenue and along the frontage of the proposed Lot 1 on Scenic Drive. A sidewalk will also be constructed along the interior private roadway. (c) Consistency with Intent of Planned Development Provisions: A Master Planned Development Overlay (PD) is a comprehensive development plan intended to provide 'flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and /or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities ((YMC § 15.28.010(A)). A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities, or other areas or facilities. A Master 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 Master 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 Type (1), (2) or (3) review as set forth in Table 4 -1 ((YMC § 15,.28.020(B)(1)(a), (b) and (f)). This development meets the intent of Section 15.28.010 and 15.28.020 of the YMC because it incorporates a unique private gated community design for single - family residences. 1 1 (d) Consistency with Master Planned Development Review Criteria: The r Hearing Examiner shall evaluate a Master Planned Development application and other evidence submitted into the record, and shall issue a recommendation based upon the following considerations and criteria: (i) The Master Plan Development application demonstrates the economic and efficient use of land and provides for an integrated and consistent JBS Properties 10 Vicinity of 707 No. 801h Ave. 13 -Lot Plat of "Scenic Estates" DOC. , PLP #001 -10; PD #001 -10; SEPA #001 -10 INDEX 1 u 1 1 development plan for the site: The. proposed 'development is consistent with the SR zoning district and the Low Density Residential future land use designation. Single - family dwelling units are a Class (1) permitted use in the SR zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the SR zone for area (7,000 square feet) and width (60 feet wide). The proposed lot sizes range between 28,749 and 44,323 square feet. The planned deve I opment/subdivis ion design is efficiently laid out and consists of a gated private street, a sidewalk and common open space that will provide drainage for the proposed subdivision. (ii) 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: The proposed residential uses within the planned development are consistent with adjacent residential land uses. The proposed uses will not. have a negative impact on future development in the area. The site design exceeds the typical lot sizes in this residential neighborhood. The proposed private street is designed for one -way traffic in and out of the subdivision. The only deviation from City Standards is the proposed 20 -foot wide street and the sidewalk that will be constructed around the inside edge of the private road, rather than along the outer edge of the roadway. The City, engineering staff has accepted the street and sidewalk proposal so long as the street remains private. A note shall be placed on the face of the Plat stating: "The streets within this plat are private and do not meet the standards for public streets. If the street is ever to be made public, it will have to be reconstructed to meet the City Standards at that time." (iii) Consideration shall be given to "low impact development" concepts: "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of low impact development by retaining stormwater onsite. The proposed lot density, with large lots, maximum. JBS Properties 11 Vicinity of 707 No. 80'h. Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 D ®• INDEX 45% lot coverage and common open space area will ensure that stormwater facilities will be adequate. (iv) There will be adequate infrastructure capacity available by the time each phase of development is completed: The project is proposed to be completed in one phase. Utilities will be provided during the initial phase of construction. (v) 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: The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. (vi) All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical: This requirement has been satisfied. The SEPA MDNS dated March 29, 2010; contains findings and mitigation -measures dealing with noise, light and glare, and traffic. Traffic Concurrency analysis was approved March 10, 2010. This development will not exceed, the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. (vii) The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, and results in the functional and visual appearance of one integrated project: The project is for a private /gated Master Planned Development. Open spaces for the use of residents are provided within "Tract A" of this subdivision and include a sidewalk along one side of the private street. The Development Agreement shall include a requirement for a Common Area Maintenance Plan within this development to be the responsibility of the Home Owners Association. (viii) The proposed project is not adverse to the public health, safety, or welfare: The mitigation measures of the SEPA MDNS dated March 29, 2010, along with the recommended conditions listed in this recommendation, mitigate any identified adverse impacts to the public health, safety or welfare. JBS Properties 12 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 =10: PD #001 -10; SEPA #001 -10 DOC, INDEX 1 11 �7� 7 , (ix) The f rovin ublic benefits o a the Master Planned P .� approving Development outweigh the effect of modification of standards to the underlying zoning district: There are no modifications being requested to the development standards of the SR zoning district. The request to have a sidewalk constructed along the inside edge of the private street, rather than along the outside, does not have a negative effect since the street will be private and the public will not have access. The City Engineer has approved the street layout for so long as it remains a private street. (x) 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. This does not apply to this subdivision. The subject property does not contain any Shorelines or Critical Areas and is not adjacent to any such areas. (xii) The following elements set forth in Subsection 15.28.030(B)(5) of the YMC are properly addressed in a Development 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) Signatures) of property owner(s). The draft Development p ent Agreement for Scenic Estates shall be modified, as necessary, to include a summary of all public hearings or meetings. The Minor Modifications section on page 4 of JBS Properties, Inc. Development Agreement shall be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by Section 15.28.080 of the YMC. ' JBS Properties p 13 Vicinity of 707 No. 80`x' Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001- _10;.SEPA #001 -10 DOC. INDEX . (2) Subsection 14.20.100(2) -- Consistency with the provisions of the Comprehensive Plan: The Future Land Use Map of the Yakima Urban Area Comprehensive Plan 2025 designates the property within the proposed preliminary plat/planned development as suitable for Low Density Residential development. This proposed preliminary plat is consistent with that designation and is also consistent with other provisions of the Comprehensive Plan that encourage infilling, recognize the need for public water and sewer, encourage disposal of surface drainage on -site and encourage development consistent with the general land use pattern in the area. The density of development will be less than 7 dwelling units per acre. Specifically, the proposal is consistent with the following Goals and Policies of the City's Comprehensive Plan (a) Goal 3.3 which is to preserve existing neighborhoods; (b) Policy 3.3.2 which is to ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood; (c) Goal 6.1 which is to develop streets that encourage neighborhood safety and livability; (d) Policy 6.1.3 which is to require sidewalks on the local streets associated with all new development. (3) Subsection 14.20.100(3) -- Consistency with the provisions of this title, s Title 14 entitled "Subdivision Ordinance ": As proposed and with the recommended conditions, this preliminary plat/planned development will meet all the design requirements in Chapter 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. JBS Properties 14 Vicinity of 707.No. Wh Ave. 13 -Lot Plat of "Scenic Estates" DOC PLP #001 -10; PD #001 -10; SEPA #001 -10 INDEX 1 ' (4) Subsection 14.20.100(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 1 insofar as there is a need in this community for single- family residences and insofar as this proposed preliminary plat would be required to comply with all applicable City development standards, all mitigation measures in the SEPA MDNS and all conditions of approval specified by the City Council. (5 ) Subsection 14.20..100(4)(b) — Appropriate provisions for open spaces: One ' of the amenities featured in this proposal is its provision for ample open spaces due to its large lot sizes ranging from 28,749 square feet to 44,323 square feet and its open spaces for the use. of residents within "Tract A" of the proposal which includes a sidewalk along one side of a private gated street. A development agreement will include a requirement ' for a Common Maintenance Plan with open spaces to be maintained by a Home Owners Association. These features, together with lot coverage of 45% or less on the lots proposed for this preliminary plat, will provide light, air and privacy for future residents that will constitute appropriate provisions for open spaces. (6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways: ' Complete stormwater management' and drainage design plans, specifications and calculations must be submitted pursuant to the Eastern Washington Stormwater Manual and the City of Yakima Stormwater Management Guide. On -site drainage will be permitted by methods to be reviewed and approved by the City. The MDNS imposes ' specific and general conditions which will constitute appropriate drainage provisions for this preliminary plat. r JBS Properties 15 Vicinity of 707 No. 80'h Ave. ' 13 -Lot Plat of "Scenic Estates" PLP #001 -]0; PD #001 -10; SEPA #001 -10 DOC' INDEX (7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways: Title 12 requires full frontage improvements along the eat side of North cn v 1 s s ort 80 Avenue and the south side of Scenic Drive consisting of full height curb, gutter, sidewalks and street lighting from the south line of the development on t North 80`h Avenue to the east line of Lot 1 on Scenic Drive. The access to Lot 1 will be as far. to the east side of the lot as possible. The only deviation from the City street r standards is the proposed 20- foot -wide private street.within the gated community and the sidewalk that will be constructed around the inside edge of the private road rather than along the outer edge of the roadway. The private street is designed for one -way traffic in and out of the subdivision. If approved by the City engineering staff, the street may be slightly less than 20 feet wide near the 20- foot -wide gate. The City engineering staff has accepted the street and sidewalk proposal so long as the street remains private. If the street is ever to be made public, it will have to be reconstructed to meet the City standards at that time... As proposed and conditioned, appropriate provisions will be made for frontage streets and interior streets. (8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops: Appropriate provisions will be made for additional transit stops for this development as the need arises. , (9) Subsection 14.20.100(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 Nob Hill Water Association which will constitute appropriate provisions for water for the development. t (10) Subsection 14.20.100(4)(8) — Appropriate provisions for sanitary waste disposal: There will be appropriate provisions for sanitary waste disposal for the JBS Properties 16 Vicinity of 707 No. 80'h Ave. 13 -Lot Plat of "Scenic Estates" D ©C. PLP #001 -10; PD #001 -10; sEPA #001 -10 INDEX Ll proposed preliminary plat in the form of public sewer service provided in accordance with the City of Yakima's "Title 12 standards. Each "lot shall be served by public sewer service which shall extend to the west to North 80'h Avenue and north to Scenic Drive. (11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and recreation: Appropriate provisions for parks and recreation areas for this proposed preliminary plat/planned development exist for this proposal due to the large size of the lots, the open spaces in "Tract A" and the availability of recreational opportunities in the area such as the Cowiche Canyon Conservancy trailhead across Scenic Drive to the west rof the subdivision. (12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds: Appropriate provisions for playgrounds exist within this proposed preliminary plat/planned development due to the large lots and open spaces within the development. (13) Subsection 14.20.100(4)6) — Appropriate provisions for schools and school grounds. The nature of this development and the absence of comments from the ' School District to, suggest that this preliminary plat will lack appropriate provisions for schools and school grounds satisfy this requirement. (14) Subsection 14.20.100(4 )(k — Appropriate provisions for sidewalks: Since the proposed plat will have sidewalks along its frontage on public streets and will have an interior sidewalk along the private gated street , the proposed plat will make ' appropriate provisions for sidewalks: (15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning ' features that assure safe walking conditions for students who walk to and from ' JBS Properties 17 Vicinity of 707 No. 80'' Ave.' 137Lot Plat of "Scenic Estates" HOC, PLP #001- 10 ;'PD #001 -10,; SEPA #001 -]0 ":..: " ''I "hlDEX school: There was no evidence presented at the hearing of a need for other planning features to. be provided within this preliminary plat/planned development in order to make appropriate provisions for safe walking conditions for students who walk to and from school. (16) Subsection 14.20.100(5) — Public use and interest: The evidence indicated that this proposed preliminary plat/planned development will be consistent with neighboring land uses and will help serve the residential needs of this area. With the recommended conditions, it will comply with the City's zoning ordinance, Comprehensive Plan and subdivision ordinance. It will also make appropriate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, playgrounds, schools or separate. walking paths to school have not been recommended or deemed necessary. XI. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the consistency of the preliminary plat/planned development with applicable development regulations, or in the absence of applicable regulations, the adopted 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 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 on this site so long as it complies with the conditions of the SEPA Mitigated Determination of Nonsignificance and the conditions imposed by the JBS Properties 18 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 DOC. ' INDEX ' Yakima City Council, as well as the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. (2) The level of development (lot size, contemplated density) with the proposed large lots will not exceed the allowable level of development in the Suburban Residential ' (SR) 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 would insure that adequate infrastructure and public facilities are available for the proposed preliminary plat/planned development. ' (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 consideration of specific development standards relating to lot size, ' access, potable water, sewage disposal and other features of the proposed preliminary plat/planned development which have been discussed in detail above. With the MDNS ' conditions and the additional recommended conditions, the proposed preliminary plat/planned development will be consistent with the development standards of applicable City ordinances. CONCLUSIONS Based on the foregoing Findings, the Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a proposed preliminary plat and planned development pursuant to Section 14.20.100 of the subdivision ordinance and Section 15.28.030 of the zoning ordinance. ' (2) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed preliminary plat/planned development on March 26, 2010, which contains ' required mitigation measures that became final without any appeal. (3) The proposed preliminary plat and planned development of Scenic Estates, with the conditions detailed below, 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 JBS Properties 19 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 DOC. INDEX stops, potable water supplies, sanitary. wastes, parks and recreation, playgrounds and , sidewalks; 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, additional schoolgrounds or additional planning features that assure safe walking conditions for students who only walk to and from school. (4) .This proposed preliminary plat and planned development 'is in compliance with the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the proposed 13 -lot preliminary plat and planned development of Scenic Estates described in the application and related documents which are assigned file numbers PLP #001 -10, PD ' #001 -10 and SEPA #001 -10 be APPROVED, subject to compliance with the following , conditions: A. General Conditions: (1) All proposed construction is subject to plan review, inspections and permits. B. Planned Development. Conditions: (1) The applicant and City of Yakima shall enter into a Development Agreement ' codifying all development standards and conditions of approval prior to final plat approval to be finalized and recorded in accordance with RCW 36.7013 and all other laws applicable to development agreements. (2) As a condition of the Development Agreement the streets within the planned development shall be required to be private and shall never be accepted by the City of Yakima as public streets, unless reconstructed to City Standards. JBS Properties 20 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SLPA #001 -14 pOC. INDEX # ---- -- fl LJ 1 I J 1 (3) The draft Development Agreement shall be modified to include a summary of public meetings. (4) The section of the Development Agreement relative to Minor Modifications shall be changed so that Minor Modifications will undergo Type (2) Review. (5) The nine mitigation measures of the SEPA MDNS (SEPA #001 -10) dated March 26, 2010, shall be completed prior to final plat approval. (6) The Development Agreement shall require a Home Owners Association with by -laws that must maintain Tract A of this development in accordance with a Common Area Maintenance Plan for said Tract A. C. Subdivision Conditions of Approval: (1) A current title certificate shall be submitted to the City of Yakima Department of Community and Economic Development consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land." (2) A note shall be placed on the face of the final plat stating: "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be constructed to meet the City Standards at that time." (3) The developer shall submit detailed plans for frontage improvements, private roads and sewer. connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat in accordance with Title 12 of the Yakima Municipal Code. (4) All addresses shall be as specified in the findings of this recommendation and must be clearly shown on the face of the final plat. In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change ". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. (5) Minimum eight-foot-wide utility easements must be dedicated along the frontage of each lot in the subdivision in accordance with Section 12.02.020 of the Yakima Municipal Code. JBS Properties 21 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" PLP #001 -10; PD #001 -10; SEPA #001 -10 DOC. INDEX 6 All irrigation lines and easements shall be shown on the face of the final plat , () g P in accordance with Section 14.20.050 of the Yakima Municipal Code. (7) The final plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of Section 14.20.200 of the Yakima Municipal Code and comply with all applicable conditions. t DATED this 6`h day of May, 2010. Gary M. Cudlier, Hearing Examiner �I t JBS Properties 22 Vicinity of 707 No. 80`h Ave. 13 -Lot Plat of "Scenic Estates" DOC. PLP #001 -10; PD #001 -10; SEPA #001 -10 INDEX t 0 U fi 'I �I JB.S PROPERTIES "Plat of Scenic Estates" PLP #001 -10 PD# 001 -10, SEPA #001 -10 EXHIBIT LIST CHAPTER A Staff Report 'DOC ;t „�Y „;fDOCIM'EN fr''DATE' r k, a, A -1 Staff Report_ 04/22/2010 J City of Yakima, Washington Department of Community & Economic Development Planning Division Planned Development &Preliminary Long Plat Staff Report Open Record Public Hearing April 22, 2010 Planned Development, Preliminary Long Plat, and SEPA Environmental review, Known as Scenic Estates PD #001 -10 PLP #001 -10, SEPA #001 -10 Staff Contact: Alice Klein Assistant Planner REQUEST The proposed Master Planned Development is a 13 -lot subdivision of approximately 12.9 acres in the Suburban Residential (SR) zoning district.. SEPA environmental review was required for the subdivision and the number of proposed dwelling units. The subject property is in the vicinity of N. 80th Avenue and Scenic Drive. SUMMARY OF RECOMMENDATION Staff recommends that this application be approval subject to conditions. FINDINGS Applicant: JBS Properties, Inc. on behalf of Gerry Griggs, owner Location: Vicinity of 707 N 801h Avenue Parcel No.: 181317 -33433 aHEARING EXAMINER JURISDICTION Pursuant to RCW Ch. 58.17, YMC § 1.43.080 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact aand conclusions to support the recommendation to the City Council on Preliminary Plat and Planned Development applications. H 1 Fj BACKGROUND On January 6, 2010, the City of Yakima, Planning Division, received Master Planned Development, Preliminary Long Plat, and SEPA Environmental Review applications from JBS Properties, Inc. on behalf of Gerry Griggs. ZONING AND LAND USE The subject property is zoned Suburban Residential (SR). The SR district is intended to provide the opportunity for up to three dwelling units per net residential acre in areas with both public water service and sewer system; and allow residential development to seven dwelling units per net residential acre in areas with both public water service and sewer system. The district is characterized by up to forty -five percent lot coverage, and by a mixture of land uses and residential densities including small farms, scattered low - density residential development, and clusters of higher- density residential development. The minimum lot siz he district varies Scenic Estates +, P, #001- 10PD##001 -10 INDEX 1 # A �-1 L _I according to suitability of the land for development and the provision of urban level services. The property was previously used as an orchard; currently it is a vacant lot. Adjacent properties have the following characteristics: Location Zoning Land Use North SR Residential /Agri cultural . ' South SR Residential /Vacant Land West SR Residential East SR Residential ZONING ORDINANCE Planned Development: A Master Planned Development Overlay (PD) is. a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and /or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities (YMC § 15.28.010(A)). A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities, or other areas or facilities. A Master 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 Master 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 Type (1), (2), or (3) review as set forth in Table 4 -1 (YMC § 15.28.020(B)(1)(a; b and f)). Master Planned Development - Review Criteria: The Hearing Examiner shall evaluate a Master Planned Development application and other evidence submitted into the record, and shall issue a recommendation based upon the following considerations and criteria (staff response in italics): 1: The Master Plan Development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. ' The proposed development is consistent with the SR zoning district and, the Low Density Residential future land use. designation. Single - family dwelling units are a Class (1) permitted use in the SR zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the SR zone for area (7,000 square feet) and lot widths (60 feet w' ide). The proposed lot sizes range between 28,749 and 44,323 square feet. The planned ' development /subdivision design is efficiently laid out and. consists of a gated, private street, a sidewalk, and common open space that will provide drainage for the proposed subdivision. 2. The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to ®OC. INDEX . 2 Scenic Estates PLP #001 -10 PD #001 -10 �J respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. The proposed residential uses within the planned development are consistent with adjacent residential land uses. The proposed uses will not have a negative impact on future development in the area. The site design exceeds the typical lot sizes in this residential neighborhood. The proposed private street is designed for one -way traffic in and out of the ' subdivision. The only deviation from City Standards is the proposed 20 foot wide street and the sidewalk that will be constructed around the inside edge of the private road, rather than along the outer edge of the roadway. The City engineering staff has accepted the street and ' sidewalk proposal so long as the street remains private. A note shall be placed on the face of the Plat staling The streets within this plat are private and do not meet the standards.for ' public streets. If the street is ever to be made public, it will have to be reconstructed to meet the City Standards at that time. ' 3. Consideration shall be given to "low impact development" concepts. "Low Impact Development " is defined as stormwater management and land development strategies that emphasize conservation and use of existing natural site features integrated with disturbed, small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings (YMC § 15.02.020). This project adheres to the definition of ' low impact development by retaining stormwater onsite. The proposed lot density, with large lots, maximum 45% lot coverage, and common open space area will ensure that stormwater facilities will be adequate. ' 4. There will be adequate infrastructure capacity available by the time each phase of development is completed. ' The project is proposed to be completed in one phase. Utilities will be provided during the initial phase of construction. ' .5. The Master Planned Development contains design, landscaping, parking /traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques. The project adheres to all applicable development standards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. 6. All potential significant off -site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical. This requirement has been satisfied. The SEPA MDNS dated March 29, 2010, contains findings and mitigation measures dealing with noise, light and glare, and traffic. Traffic ' Concurrency analysis was approved March 10, 2010. This development will not exceed. the PM peak hour capacity of the City Arterial street system and .reserve capacity exists on all impacted streets. Doc../ Scenic Estates PLP #001 -10 PD #001 -10 INDEX 3 7. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, and results in the functional and visual appearance of one integrated project. The project is for a private /gated Master Planned Development. Open spaces for the use of residents is provided within "Tract A " of this subdivision and includes a sidewalk along one side of the private street. The Development Agreement shall include a requirement for a Common Area Maintenance Plan within this development to be maintained by the Home Owners Association.. 8. The proposed project is not adverse to the public health, safety, or welfare. The mitigation measures of the SEPA MDNS dated March 29, 2010, along with the recommended conditions listed later in this report, mitigate any identified adverse impacts to the public health, safety or welfare. 9. The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. There are no modifications being requested to the development standards of the SR zoning district. The request to have a sidewalk constructed along the inside edge of the private street, rather than along the outside, does not have a negative effect since the street will be - private and the public will not have access. The City Engineer has approved the street layout in confirmation of this finding. 10. The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima. This does not apply to this subdivision. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. Development Agreement:. A draft Development Agreement was submitted as part of the application for a Planned Development. The following elements, from YMC § 15.28.030(B)(5), are part of the Development Agreement: 1. Narrative description of project and objectives; 2. Summary of development standards; 3. Site plan elements; 4. Development phasing, including times of performance to preserve vesting; 5. Public meeting summaries; 6. Performance standards and conditions addressing the above items; 7. Criteria for determining Major vs. Minor modifications and amendments; and, 8. Property owner signature. The draft Development Agreement shall be modified, as necessary, to include a summary of this and future public meetings. The Minor Modifications section (JBS Properties, Inc. Development Agreement, p. 4) shall be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.28.080. Dor' INDEX 4 Scenic Estates PLP #001 -10 PD #001 -10 # A i J ' Site Design and Improvement Standards: YMC Ch. 15.05 is designed to establish certain basic development requirements. These are the minimum criteria that must be met to assure land . use compatibility and promote the public health, safety and welfare. The proposed development ' meets the requirements of this chapter as follows: Maximum Lot Coverage: The maximum lot coverage is the percentage of net land area of a ' site that can be covered with structures and other impervious surfaces. In the SR district the standard is intended to protect the open character, and ensure that land is available to accommodate septic tanks and drainfields. Each lot in this proposal will be connected to City ' Sewer. The maximum lot coverage in the SR district is 45 %. The applicant indicated the large lots will better facilitate any big homes proposed for this development and will not exceed lot cover standards. ' Structure Setbacks: In the SR district structure setbacks are intended to provide light, air and • P g , emergency access. Setbacks and easements and rights -of -way are intended to minimize the impacts from traffic on adjoining property owners (YMC § 15.05.020(D)). The proposed development meets all applicable setback standards for the SR zone. ' Maximum Building Height: The maximum building height in the SR zoning district is 35 feet (YMC. Ch. 15.05, Table 5 -1). The proposed building heights will be approximately 32 feet. ' Sidewalk Requirement: Sidewalks on one side of the street are required with new construction. A sidewalk is required if one exists within two hundred feet of the development on the same side of the street. (YMC § 15.05.020(J)) The proposed development shall install a sidewalk along N ' 801h Avenue and along the frontage of the proposed Lot 1 on Scenic Drive. A sidewalk will be constructed along the private roadway: SUBDIVISION This preliminary subdivision adheres to the following standards of YMC § 14.20.100(A)(1 -5 : 1. The proposed subdivision is consistent with the provisions of the SR zoning district. All lots will have access on a private street, meet or exceed the minimum lot size for SR zoning district of 7,000 square feet, and meet or exceed the minimum lot width of 60 -feet. 2. The proposed subdivision is consistent with the City of Yakima's Comprehensive e Plan. The future land use designation of the property is Low Density Residential. 3. The ro osed subdivision is consistent w' P p with the provisions of the Subdivision Ordinance. 4. As required by RCW Ch. 58.17, the proposed subdivision makes appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads,. alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe waking conditions for students who walk to and' from school. 5. The proposed subdivision serves the public use and interest. ' YAKIMA URBAN AREA COMPREHENSIVE PLAN DOC. INDEX 5 Scenic Estates PLP #001 -1O.PD #001 -10 u ' ft,� The Yakima Urban Area Comprehensive Plan 2025 (YUACP), Future Land Use Map designates this area as being suitable for Low Density Residential. (YUACP, Map III -3) Low Density Residential consists primarily of freestanding single- family residences. Residential density is less than 7.0 dwelling units per acre. This is considered the lowest possible residential density that can efficiently support public services. The following goals, policies, and objectives apply to this preliminary plat application: Goal 3.3: Preserve Existing Neighborhoods Policy 3.3.2: Ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. Goal 6.1: Develop streets that encourage neighborhood safety and livability. Policy 6.1.3: Require sidewalks on the local streets associated with all new developments DEVELOPMENT SERVICES TEAM (DST) The DST meeting for this proposal was held on January 27, 2010. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed. Code Administration: The gates shall comply with the 2006 International Fire Code (IFC) Section D103.5 and shall be at least 20 feet wide. Each lane shall be at least 20 feet in width per Section 503.2.1 of the 2006 IFC. Nob Hill Water Association, in concert with the City of Yakima Fire Department, shall direct location(s) of the fire hydrants. Additional comments will be forthcoming upon submittal of building projects. All buildable fill material will need to have required compaction testing /reports and any retaining walls within the development will require engineering and permits. Preliminary addressing is as follnwc- Lot 1 717 N. 80t' Avenue Lot 8 7604 Madera Way Lot 2 7905 Madera Way Lot 9 7702 Madera Way Lot 3 .7903 Madera Way Lot 10 7704 Madera Way Lot 4 7801 Madera Way Lot 11 7802 Madera Way Lot 5 7703 Madera Way Lot 12 7902 Madera Way Lot 6 7701 Madera Way Lot 13 7904 Madera Way Lot 7 7605 Madera Way All addresses must be clearly shown on the face of the final plat. In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change ". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. Department of Ecology (DOE): Water Resources: The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, place of use, or period of use), then it is subject to approval from DOE pursuant to RCW sections 90.03.380 and 90.44.100. If you plan to .use water for dust Doc Scenic Estates PLP #001 -10 PD #001 -10 INDEX 6 A A J suppression at your site, be sure that you have a legal right. A water right permit is required for all surface water diversions that will exceed 5,000 gallons per day. Water Quality: A National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit from DOE is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction, and ' utility placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original SEPA does not disclose all proposed activities. The permit requires that ' Stonnwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by. stormwater runoff. Pen-nit coverage and erosion control measures must be in place prior to any clearing, grading or construction. Toxics Clean -up: Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead, arsenic, organochlorine pesticides, and total petroleum hydrocarbons. If these contaminants are found in concentrations above the Model Toxics Control Act (MTCA) clean up levels Ecology recommends that potential buyers be notified of this. ' Yakima Regional Clean Air Authority (YRCAA): Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA, prior to ' the start of construction. Burning is prohibited at all times. iJ I- 1 Engineering: Title 12 requires full. frontage improvements along the east side of N. 80t1' Avenue and on Scenic Drive, consisting of full height curb, gutter, sidewalks and street lighting from the south line of the development on N. 80t1i Avenue to the east line of Lot 1 on Scenic Drive. The private streets do not meet City Street Standards, therefore, a note shall be shown on the face of the plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be constructed to meet the City Standards at that time." Wastewater: Sewer is provided by the City of Yakima. Each lot shall be served in this . subdivision and extend to the west to 80th Avenue and north to Scenic Drive. Sewer lines shall remain public within public easements accessible by Wastewater. Wastewater connection charges shall apply. In accordance with 12.03.080, the maximum side sewer length within the public right -of -way shall be one hundred feet unless otherwise approved by the City Engineer. Stormwater: The applicant states that runoff will be collected and disposed of via surface retention areas and infiltration facilities. These are acceptable methods of handling the runoff if designed and sized correctly. The slopes within this development could lead to cuts or fills, resulting in a worsening of existing runoff patterns. The runoff from the back side of lots onto adjacent properties may need to be addressed. Complete stormwater design plans, specifications and runoff /storage calculations supporting the stonnwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be com6d -d by a licensed Scenic Estates PLP #001 -10 PD #001 -10 INDEX 7. professional engineer and then be reviewed and by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC Well registration form from DOE shall be submitted to the City of Yakima's Surface Water Engineer. Water: Nob Hill Water (NHW) requires an 8 -inch main be extended through the development. The 8 -inch Ductile Iron (DI) main line from the High Valley Plat shall also be extended into this development. Once this is completed NHW will have 4000 gpm at '20 psi residual pressure. Developments that are located closer to NHW wells or reservoirs may not have acceptable water pressure. In this development Lot 2, 3, 12 and 13 may experience pressure between 40 — 50 psi. To boost this pressure the developer will need to allow for a personal booster system to the new home if a higher pressure is desired. Placement of hydrants shall be addressed during the plan review phase. Streets & Traffic: Access to Lot I should be on Scenic Drive located as far to the east side of the lot as is practical. The curb island at the subdivision entrance should be set back a minimum of two feet to avoid damage from snow plows. If parking is allowed on the private road it will be very narrow for garbage truck operation, especially in the corners. Irrigation: This proposal is within the Yakima - Tieton Irrigation District boundary and has 6.82 shares of Yakima — Tieton Irrigation water. Irrigation district approval shall be shown on the face of the Final Plat. TRANSPORTATION CONCURRENCY ORDINANCE This application has been reviewed and approved on .March 10, 2010, for consistency with YMC Ch 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak. hour capacity of the City's arterial street system and that reserve capacity exists on all streets impacted by this development. ENVIRONMENTAL REVIEW The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #001 -10). A Mitigated Determination of Non - significance (MDNS) was issued on March 26, 2010, which included nine mitigation measures, listed below. 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 2. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 3. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for . all permitted construction sites. Permit coverage and erosion control measures must be in place prior to and clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 4. The applicant will be required to retain the stormwater on- site.. Complete stormwater design plans, specifications and runoff /storage calculations supportin the stormwater Scenic Estates PLP #001 -10 PD #001 -10 INDEX( 8 rr � design are required pursuant to the Eastern Washington Stonnwater Manual and City of Yakima Standards.` These plans and control measures must be completed by. a licensed Professional Engineer. and be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are t used in the drainage design, they must be registered with Department of Ecology (DOE). A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. 5. During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction (YMC 6.04.180). 6. The site design for this project shall adhere to YMC, Ch. 15.05 & 15.06 standards including, but not limited to: parking, building setbacks, lot coverage, fence height, access, & building height. ' 7. When provided, lighting is required to be directed to reflect away from adjacent properties (YMC § 15.06.100). 8. All conditions, not herein mentioned, for fire and life safety shall comply with the 2006 IFC standards. ' 9. Upon preliminary plat approval the applicant and City of Yakima shall enter into a development agreement codifying all development standards and conditions of approval prior, to final plat approval and recordation. (YMC 15.28.030(B)(5) & 15.28.050) PUBLIC NOTICE Public notice of this application and hearing was provided in accordance with the notice requirements of. Title 14, Subdivision; Title 15, Zoning, Title 6.88, Environmental Policy and Title 16, Development Pennit Regulations. Notice of this request was mailed to adjoining property owners on February 12, 2010. The legal Notice and Posting of Property were. also completed on February 12, 2010. The MDNS'was mailed on March 26, 2010 with the last day for public comment was April 9, 2010. During the comment period any person had the right to comment upon this, request and become a party of record to the application.. Two written comments were received. CONCLUSIONS 1. The proposed development is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan and the applicable standards -of the Yakima Urban Area Zoning Ordinance and Subdivision Ordinance. 2. This project was reviewed and approved under the Transportation Concurrency Ordinance on ' May 10, 2010. . 3. This project was subject to SEPA Environmental Review. A MDNS was issued on March ' 26, 2010; and contained 9 mitigation measures. No comments were received. RECOMMENDATION Staff recommends approval of the proposed Planned Development and Preliminary Long Plat of Scenic Estates, subject to the following conditions: A. General Conditions: ' 1. All proposed construction is subject to plan review, inspections and permits. t B. Planned Development Conditions: DOC.. INDEX 9 Scenic Estates.PLP #001 -10 PD #001 -10 1. The applicant and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and ' recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. As a condition of the Development Agreement the streets within the planned ■ development shall, be required to be private and shall never be accepted by the City of Yakima as public streets, unless reconstructed to City Standards:. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4..The section for Minor Modifications shall be changed so that Minor Modifications will undergo Type (2) Review. 5. The nine mitigation measures of the SEPA MDNS, dated March 26, 2010 (SEPA #001 - 10), shall be completed prior to Final Plat approval. 6. The Development Agreement shall require a Home Owners Association, with by -laws, to include a Common Area Maintenance Plan within Tract A of this development. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land ". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be constructed to meet the City Standards at that time." 3. The developer shall submit detailed plans for frontage improvements, private roads, and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat (YMC Title 12). 4. All addresses shall be as specified in the findings of this report and must be clearly shown on the face of the final plat. In addition, the following note shall be placed upon the face of the final plat: .5. "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 1 confirmation or reassignment of addresses at the time of building permit issuance.. 6. Minimum eight- foot -wide utility easements must be dedicated along the frontage of each lot in the subdivision. (YMC § 12.02.020) 7. All irrigation lines and easements shall, be shown on the face of the Final Plat. (YMC § 14.20.050) 8. The Final Plat shall be by a land in State prepared surveyor, registered the of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. L I 1 DOC ' INDEX Scenic Estates PLP #001 -10 PD #001 -10 —; 10 t JBS PROPERTIES ". Plat of Scenic Estates" PLP #001 -10, PD #001 -10, SEPA #001 -10 EXHIBIT LIST CHAPTER B Site Plan llOC d %_ ; wD0 U EN� �« B -1 Site Plan 03/02/2010 L MASTER PLANNED DEVELOPMENT - SINGLE USE RECEIVED AND W, /4 CDR. SEC. 17, PRELIMINARY PLAT OF (NUR o 2 2010 T SCENIC ESTATES a 3 N. R -18 E,WM IN THE SW 1/4 OF THE SW 1/4 OF SEC. 17, T -13 N, R -18 E,W.M. CITY OF YAKIM n 4 4I♦ TBM I - - . - ' ' KNOIN / � IN PI MONUMENT XEE PER _ �� - _ SCJ'.+1V�IC b bRI V ..._ ____. _ _ _ -_ - - - - -_ _-- _ � 1 181317-33435:.. . I c' �" - o m I 1 Im 181317-33442 �, 181317 -33443 '- a I_ a N I° N I- --15' EXISTING UTILITY & EAST LINE OF _ IRRIGATION EASEMENT _ THE WEST 800'---1 N / _ i OF LOTS 39 k 40 N. _ G 10' EXISTING UTLTY _ 1s' TYPICAL 10-EX Ui1LTY - ER /ER _ � - .I � - EASEMENT - PARCEL . EASEMENT t .' P � ROPOSED M W -�BUILDING SETBACK' 79-7 PARCEL NO - _ _ 1 - - - - - - - N 89'54'35' W. '591.00' 181317 -33451 . 799:01 197.00' i 197.00 _ - _ ..0' _ _ _ . -_ - _ z I 1 _ ._ 298• - 197' o / I__IV EXISTING IRRIG. l- - - - - _ �J1 n :' s ' � 197 99• T_ oo . T BUILD NG SETBACK - - - - n vi y- - _ - - _ _ / _ ° 1 ,I - I% I a. wN 8954'35' W 49,3.07' LLL a "' 15 TYPICAL. - j' 15' PIiDUC SERVIC o 98' _ 'EASEMENT LOT 2 _ I _ - S ' TYPICAL EASEMEN IO- - - ..�=. _ o 39,868 S0. FT.0' PUBLIC SERVICE ,m �i4LDNfi 113 I/ m e�4 I 0.92 ACRES -J �( _ _ . 1b' PUBLIC SERVICE W vl : I 10 PUBLIC SERVIC'_ 15.T1PICA�SE ;EASEMENT - I -m - - EASEMENT - EASEMENT - - AG F { E...1 0 10' PUBLIC SERVICE - r'.. I 31 L7O7 S 3 FT. i LOT., 4 � IN - � - -� 5 7YPICAL/ / � / , / 3 � LOT 12 �f�\ r C ^ Iz l EASEMENT I - a7 0 37,15550. FT I LOT . -.B _... N .,I - .__ - o, PARCEL N0. r \ .0.72 ACRES - o 0 2 ACRES 30,373 S0. FT. - y - -- -- - LOT__6 : a ' - �I 181317-33452 0.70 ACRES... _28,749 S0. FT - i• .LOT 7 °o I: ,1 / % I 1 ' -- - - - 0.66 ACRES - °� / '38,51-7 LO SO. FT - I °0 10' EXISTING UTILTY 20 TYPICAL - 10 PUBLIC SERV10E - _ - - -- - - -- - 8B ACRES I ENT EASEMENT- _ _- _ ,0.- N _ L BUILDING SETBACK _ _ - _ TYPICAL LEA - - _ :7741' - -- - -- (-.-10 PUBLIC SERVICE I L_ . ( 20 e• N -,� . - - - _J �` - - �_ BUILDING SETBACK / - - - O _ ,, .: o;� 197 _. _ _ �- - -1 � _ I. - ^ -_ � - - - EASEMENT - �� I"f„1" "' - I °� w. 8�� e• a "�' ' -r . - 198'_ - _ _ 19T i UNOPENED k '6% h TRACT A » ... F e e. e - - 1.UN..,, ,;_D 0, ,46 PUBLIC SERVICE R/W 1 -- _ vIl`. 1 e s g MADERA W_AY, LLO� 4C °i w vil �__ �'-�. LEASEMENT - - / - - - - » ' 72. o d TRACT 'A (2.52 AC.) MA DERA WA_ Y �w '-TRACT A B7' 10` EXISTING UTLTY - o 50 G so FEET a`L� � _.�: � e• s ' r s ' r s - � �- � � -- 1 `zc.. ^ a _a_ -_ - .__- __- s EASEMENT SCALE: r _-W 7R - - -- - - _ L07 U / \ _. s ,' /- - ..I._ PARCEL I/� _ 198',- : - - _197y - _ -/ _ 798' _ / °s D9 - 16 PUBLIC SERVICE --� _ 181317-33453 10! PUBLIC SERVICE - - - - - -'- _ �. / 7� - EASEMENT -�- - - _ - - EASEMENT _ �• :- .BUILDING SETBACK j r II _- - _L56'_ _ _ _ _ / - 30' R/W / �20' TYPICAL L10' MEET SERVICE - _-BUILDING SETBACK 1' / - - __ .- -- 10' EXISTING IRRIG. LOT 13 .��- �5' TYPICAL :/ N -- - -" / EASEMENT G EASEMENT / 20' TYPICAL m 36;767 SO. FT. 40T -8 LOT. 12 m j 5 TYPICAL .9.84 ACRES - - LOT �n. _ _._ __ I 44,323 SO. FT. - 37.350 So. PT. t2 I LOT 10 _ _ LOT U 3ro6o sG. FT. LOT 9 n' Dz Ac1tEs h 0.72 ACRES - '30,519; S0. FT. _ PARCEL NO. L I I °- 1. 0.77' ACRES : - 0.7B�ACRES 35,250 SO. FT "x - .: - - _ - -. _ 181317 -33454 v r 45,+ TYPICAL - -- - 2 ' PUBUC SERVICE - - t - - -" - _ _ 15, PUBLIC SERVICE. 201'EXISTNG UTILITY 'E SEMENT - 5 TYPICAL EASEMENT-" - N �' - .EASEME T - - -� C / BUILDING SETBAGK- - : -? ,.� BUILDING SETBACK - -- 3 197' i 197' __ - - _ ,- - _ i 19T - j 19T - 256' - - 237 s : SANITARY SEWER - _ / - 1 S B9'S6'r3(7` E 131 93'' I\� -_ - ,�1I M� R - =H - SW s�W N I L -1 6 CMAINLINN FENCE_ _ - _ /' - 16'PUD.L11r UIILITYJ 1515 .. "W�1ww"_L'^uyy, _ SW CDR. SEC. 77 _ - GRptlRr+D EL- .7G - -_ _ I~10'_PUBLIC UTILITY - / BARBED iNRE FENCE - -- / / EASEMENT _ - T -i3 N. R -18 E,WM v°ii - -.. / "LLoy.. q6 w 67j'a'(j I 'EASEMENT: - i !PARCEL NO.' -. n. �' _ -- - i LOT 9 d0� B I LL04 3S d0V d04 - 1. 604 e, ✓°fib 1 - 181317 -33407 - I 181317-33416 8 i PARCEL NO. -- PARCEL NO. PARCEL NO. PARCEL N0. PARCEL N0. PARCEL N0. ' 181317 -33421 I 181317 -33422 I 181377 -33423 I 181317 -33424 181317 -33425 I 181317 -33421 30' R R/W ARRIER CURB OR ROLLED CURB 0.33' CEMENT 2x CONCRETE (MIN.)' LL 0.17' CSTC (COMPACTED 'ACTED J 0.1 ]' HMA CL. 1/2' PG DEPTH) GRADE 64-28 (COMPACTED DEPTH) 0.33' ATE (COMPACTED DEPTH) 1.00' CSBC (COMPACTED DEPTH) NORTH BOTH AVENUE k SCENIC DRIVE 0.33 CEMENT .. . •:. 0.17' CSTC CONCRETE 0.1T HMA CL- Vz' PG (COMPACTED ,. 64 -28 (COMPACTED DEPTH) DEPTH) STORMWATER 810- -� 0.17' CSTL 0.50' CSBC (COMPACTED INFILTRATION SWALE (COMPACTED DEPTH) DEPTH) SCENIC ESTATE PARKWAY PRIVATE STREET p 1 w NOTES 1. PROPERTY IS ZONED SR, SUBURBAN RESIDENTIAL 2. 7HE PARCEL CONTAINS 12.96 ACRES. PROJECT CONTAINS LEGAL DESCRIPTION _ I LIVING UNIT PER 1.0 ACRES. LOTS 39 AND 40, PLAT OF YAKIMA ORCHARD HIGHLAND OWNER /DEVELOPER ENGINEER /SURVEYOR ' COMPANYS ORCHARD TRACTS, AS RECORDED IN JBS PROPERTIES, INC. PLSA ENGINEERING AND SURVEYING 3. STREET WILL BE A PRIVATE GATED STREET (TRACT A). - VOLUME B OF PLATS, PAGE 31, RECORDS OF YAKIMA 1819 S. 4TH AVE. 1120 W. LINCOLN AVENUE 2D' q• COUNTY, WASHINGTON; YAKIMA, WASHINGTON 98902 YAKIMA, WASHINGTON 98902 4. STORM WATER DRAINAGE IS PROPOSED TO BE MANAGED ON -SITE. PH: 453 -3887 PH: 575 -6990 EXCEPT THE NORTH 223 FEET OF THE WEST 800 FEET 2% 5. SANITARY SEWER WILL BE CONNECTED TO THE CITY OF YAKIMA THEREOF; A ENGINEERWG- SURVEYING- PLANNING SEWAGE COLLECTION SYSTEM. - AND EXCEPT THE NORTH 248 FEET OF THAT PORTION S A 1120 WEST LINCOLN AVENUE 6. DOMESTIC WATER WILL BE PROVIDED BY NOB HILL WATER ASSOCIATION. THEREOF LYING EAST OF THE WEST 800 FEET OF v IL�1 YAKIMA, WASf9NGTON 98902 0.17' HMA CL 112• PG SAID LOTS 39 AND 40; (509) FUNGTO90 64-26 (COMPACTED DEPTH) 7 THE UNDERGROUND POWER, TELEPHONE, NATURAL GAS AND CABLE 1ELEVISION SYSTEMS WILL BE PROVIDED BY THE RESPECTIVE UTILITY. AND EXCEPT THE WEST 10 FEET OF SAID LOT 40 FOR MASTER PLANNED DEVELOPMENT DRAWN Br: RICK 0.50' CSBC (COMPACTED ROAD; PRELIMINARY PLAT DAGi1 /ta /zoos DEPTH) 8. BUILDING SETBACKS TOGETHER PATH LOT 1 OF SHORT PLAT RECORDED OF PARCEL N0. 181317 - 33433 JOB No 09226 FRONT - 20' FROM FRONT LOT LINE UNDER AUDITOR'S FILE NO. 7318823, RECORDS OF - PREPARED FOR - NDE - 5' FROM LOT LINE YAKIMA COUNTY, WASHINGTON. .IBS. PROPERTIES, INC. SHEET N0. REAR - 20' FROM LOT LINE �'?: SW 1/4 SW 1/4 SEC. 17, T -13 N, R -18 E,WM t, 1 t, 1 1 JBS PROPERTIES "Plat of Scenic Estates" PLP #001 -10, PD #001 -10, SEPA #001 -10. .1 L I1 1 1 EXHIBIT LIST CHAPTER C Maps DECK t4� INDEX � g� S M 33sY f"dtl `3 bn ��1 �(�4 xdH t"✓(' 'S pS�� t� '� a, a.�9 3i �4,�y. � � SC � t"Syy���'f n �M Y 'a e&] S .'�W` fi✓ •y.� (iL Ei� 4 i] & l � tC# F �s � 'fig. .C��1A� N �i i& A ,py C -1 Maps: Vicinity, Utility, Zoning, Future Land Use, Aerial 01/11/2010 IVicinity Map for PLP#UUI -10. PD4001 -I0. 5'- "NPUUI -IU City of Yakima, Washington Subject Area Site File Number: PLP #001 -10, PD #001 -10, SEPA #001 -10 Applicant: JBS Properties Inc. Property Notification Area Owner: Garry Griggs dba The Rabbit Patch -- -- ' Request: "Scenic Estates" planned development consisting of 13 residential lots in the SR zone. NOTIFICATION OF Location: Vic. North 80th Ave & Scenic Drive LAND USE APPLICATION Parcel Number(s): 18131733433 11 1 Contact City of Yakima Planning Division at 509- 575 -6183 ' City of Yakima - Geographic Information Services - Monday, January 11, 2010 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 action taken, or action not taken by the user in reliance upon any maps or information provided herein. ' DOC. INDEX f1 ' I of I 1/1 1!2010 11:40 AN ' Uti t its Map for PLP #00 I -10. PD #00 I -1 0 SEPA #00 I -10 City of Yakima, Washington Subject Area Site File Number: PLP #001 -10, PD #001 -10, SEPA #001 -10 Applicant: JBS Properties Inc. water Pipe Owner: Garry Griggs dba The Rabbit Patch Request: "Scenic Estates" planned development consisting of 13 residential lots in the SR zone. Sewer Pipe Location: Vic. North 80th Ave & Scenic Drive Parcel Numberlsl: 18131733433 Contact City of Yakima Planning Division at 509- 575 -6183 City of Yakima - Geographic Information Services - Monday, January 11, 2010 t 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 action taken, or action not ' taken by the user in reliance upon any maps or information provided herein. DOC. INDEX I of 1 1/11/2010 11:36 At formig Map for PLPtfUU 1- 10, Pll#UU 1 -1 U, JEPA#UU 1- I U City of Yakima, Washington Subject Area Site File Number: PLP #001 -10, PD #001 -10, SEPA #001 -10 Applicant: JBS Properties Inc. Zoning Boundary Owner: Garry Griggs dba The Rabbit Patch Request: "Scenic Estates" planned development consisting of 13 residential lots in the SR zone. Location: Vic. North 80th Ave & Scenic Drive Parcel Number(s): 18131733433 Contact City of Yakima Planning Division at 509- 575 -6183 City of Yakima - Geographic Information Services - Monday, January 11, 2010 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 action taken, or action not taken by the user in reliance upon any maps or information provided herein. 1 DOC. INDEX I of 1 1/11/2010 11:39 AN 'Future Land Use Map for PLP #00 I -10. PD #00 I -10. SEPA #001 -10 1 .1_ �w / I I » t.' .N.1 I••� „�\ M .. u.rR ..N » .s. I �li Scale 1 r.. .,. .. City of Yakima, Washington Subject Area Site File Number: PLP #001 -10, PD #001 -10, SEPA #001 -10 Applicant: JBS Properties Inc. covor,yasa,u cargrCo,wYr�.,•GY�•i Owner: Garry Griggs dba The Rabbit PatchrdwnDrtrRr4nxu �arrW Gulirvix cvi Request: "Scenic Estates" planned development to, Di4�-y "• *" C&DC&Ocom""O." consisting of 13 residential lots in the SR zone. PfIvosslow, Dfee - A/1`gHiJWlppd iglly/YYpAI hKYtfR47 Location: Vic. North 80th Ave & Scenic Drive Parcel Number(s): 18131733433 Contact City of Yakima Planning Division at 509- 575 -6183 ' City of Yakima - Geographic Information Services - Monday, January 11, 2010 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 action taken, or action not ' taken by the user in reliance upon any maps or information provided herein. DOC. INDEX 1 of I 1/ 11/2010 1 1:39 M Aerial Photo Map for PLP #UU 1 -1 U, PD #00 I -I U. SEPA #UU 1 -1 U City of Yakima, Washington Subject Area Site File Number: PLP #001 -10, PD #001 -10, SEPA #001 -10 Applicant: JBS Properties Inc. Aerial Photo: June 2008 Owner: Garry Griggs dba The Rabbit Patch Request: "Scenic Estates" planned development consisting of 13 residential lots in the SR zone. Location: Vic. North 80th Ave & Scenic Drive Parcel Number(s): 18131733433 I• Contact City of Yakima Planning Division at 509- 575 -6183 City of Yakima - Geographic Information Services - Monday, January 11, 2010 % 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 action taken, or action not taken by the user in reliance upon any maps or information provided herein. DOG. INDEX 1/11/2010 11:39 A1\ 'loft JBS PROPERTIES 1. "Plat of Scenic Estates" PLP #001 -10, PD #001 -10, SEPA #001 -10 1 7 C r 'I EXHIBIT -LIST CHAPTER D DST Review & Agency Comments DOC y a o'. k E� rpO�CUMENT`ra� my w.x' f d rDAPE ` fr rt Cj, P 'd•. S ',i iiL3.1 .. L(.J'+".�,�r:2T"' {�i "4 dLE Em f a D -1 DST Distribution List and Request for Comments 01/15/2010 D -2 Comments received from Sandra Hull, Yakima - Tieton 01/15/2010 Irrigation District D -3 Comments received from Ron Melcher, Fire Department 01/20/2010 D -4 Comments received from Kevin Futrell, Yakima Transit 01/20/2010 D -5 . Comments received from Mike Antijunti, Engineering 01/25/2010 Division D -6 Comments received from Scott Schafer, Wastewater Division 01/26/2010 D -7 Comments received from Nathan Thompson, Codes Division 01/27/2010 D -8 Comments received from Randy Meloy, Engineering Division 01/27/2010 D -9 Comments received from Sandy Cox, Plans Examiner 01/29/2010 D -10 Comments received from Hasan Tahat, Yakima Regional 02/03/2010 Clean Air Agency D -11 Comments received from Gwen Clear, Department of Ecology 02/04/2010 D -12 Comments received from Joe Rosenlund, Streets & Traffic 02/10/2010 Operations Division D -13 Comments received from Carolyn Belles, Codes Division — 02/17/2010 Preliminary Addressing D -14 Comments received from Gwen Clear, Department of Ecology 03/05/2010 D -15 Comments received from Mike Antijunti, Engineering 03/24/2010 Division D -16 Comments received from Jenna Leaverton, Nob Hill Water Association D -1.7 Site Visit Photos a l I - .ago- -. r `y Y S 1� t.x • , ell F r�j to r • S? ajj �Fy R y M r` 'rr._. �• �`� ��•+ '�� r,( ;y.. .,� gal I A AU l r _ f ir ;r,� OW .... � t , r .. _ r -• .. - '�' ', b ice'.._ _. r_ -� ,.. a_ Jr. �` .. i �„ y •�� .-,y y , f' ,�/r .- ;•� ' •�- ' .� � �•{r' ♦ 1 � �••; .. a l"� a fir.. ' �, r �����j� ' � � _ ,- ).. .. �. 1 • X11 .- J• .} � _- - . �- r _. � �- - � � •F. �/�'! -. - �".,�. �f/ t L%7'ct` 1 {^fry \\ 4 .f. �"F ..- 0 M,.:£ n 1 4 r , `i Ir ism •' }y � ��� t � _ -� �Yi } � �._' �� at� qty° -.f.,. �,� x —�� c � .. . ., e -. .Lp;� r. � .. y .. �. .. ..� .y.. lx ... .t, ... .�..��.w. .. �,�.. _. ... airy �. ow+ v.. ere. �. '. � t'�'5��: r!fW1.�. �'� .N- .1 `._ _ w,. ..,.' `t. _,7 y�. .T' -. .. ,. „�;'"!.4_ •P� j51 9w ~�.�v��.t�1v�"'Y'Y.e `- • � � etc - Y.. �. � Av.'y5vs' _ .. .. .. Ax� 'ti � v ... y... ` w. %wt 1 I u 1 r Nob Hill Water Association City of Yakima DST Comments Sheet Development Name: Scenic Estates Fire Flow Available: Nob Hill Water will require an 8" main line be extended from the Scenic Plateau Development to 80th Avenue, as well as the 8" DI main line from the High Valley Plat be extended into Scenic Estates. Once this is completed we will have 4000 gpm at 20 psi residual pressure. Nob Hill Water will work with the developer and City of Yakima codes to determine fire hydrant placement and spacing requirements. Irrigation Shares: If a development has irrigation shares available to the property, NHW Is working with the developers to ensure that the irrigation shares are utilized by installing and maintaining an irrigation system within the development, paid for by the developer. Nob Hill Water will then operate and maintain the system and bill the customers according to square footage of their lot. PSI: Nob Hill Water is a gravity fed system, in developments that are located closer to our wells or reservoirs there may not be acceptable water pressure to a new homeowner. In this development Lot #2,3,12,13 may experience pressure of only 40 — 50 psi, in order to boost this pressure the developer /builder will need to allow for a personal booster system for the new home if the homeowner does indeed want a higher pressure than what NHW can provide. The plumber can also increase the size of the water line to reduce loss from the NHW meter. Private Street Lights: To avoid conflicts when Nob Hill Water installs a new meter in a private gated community — NHW will need either a set of As- Built Plans from the street lights or have a contact person that can locate the lines surrounding the private street lights. Please let me know if you have any questions or concerns. NOB HILL WATER ASSOCIATION Jenna Leaverton Jenna Leaverton Engineering Technician DOC. INDEX r)- I (p - Klein, Alice From: Antijunti, Mike Sent: Wednesday, March 24, 2010 8:47 AM To: Klein, Alice Subject: FW- Scenic Heights From: Antijunti, Mike Sent: Tuesday, March 16, 2010 2:37 PM To: Mayo, Doug Subject: Scenic Heights PLSA is proposing a private, gated subdivision at 80th Avenue and Scenic Drive. The development will have a divided, looping road system that does not meet the City of Yakima Fire Department regulations for width of paved surfaces. Therefore we need a note shown on the face of the development that states; 'The roadways of this plat shall be considered private and be maintained by the developer. If the developer chooses the roadways to be accepted into the City of Yakima Road System at a future date, the developer's roadways are required to be constructed to City of Yakima Standards at the current standard of accepting the roadway into the City of Yakima Road System." Mike Antijunti Development Engineer City of Yakima (509) 576 -6608 DOC. 3/24/2010. INDEX # P 1 F, 5'I'A9� :• RECEIVE n U: ry ~cy [�1AR 0 5 204: STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY CITY of YA; iMA COMMUNITY. DEVELOPMENT 15 W Yakima Ave, Ste 200 o Yakima, WA 98902 -3452 o (509) 575 -2490 IMarch 4, 2010 Bill Cook, CED Director City of Yakima Community and Economic Development 129 N. 2 °d Street ' Yakima, WA 98901 tRe: PD 001- 10/PLP 001- 10 /SEPA 001 -10 Dear Mr. Cook: 1 Thank you for the opportunity to comment during the optional determination of nonsignificance ' process for the subdivision of 12.9 acres into 13 lots, proposed by JBS Properties for Gerry Griggs. We have reviewed the documents and have the following comments. ' Water Quality Project Greater -Than 1 Acre with Potential to Discharge Off -Site Ecology concurs that a NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original ' SEPA does not disclose all proposed activities. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) ' is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by 1 stormwater runoff. Permit coverage and erosion control measures must be in place prior to-any clearing, grading or construction. DOC. INDEX Mr. Cook March 4, 2010 Page 2 r More information on the stormwater program may be. found on Ecology's stormwater website at: htti)://www.ecy.wa.gov/programs/wq/stonnwater/construction/. Please submit an application or. contact Lynda Jamison at the Dept. of Ecology, (509) 575 -2434, with questions about this t permit. Erosion control measures must be in place prior to any clearin g grading, , radin , or construction. These control measures must be effective to prevent soil from being carried into surface water by storm water runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. ' Best management practices must be used to prevent any sediment, oil, gas or other pollutants 1 from entering surface or ground water. If you have any questions concerning the Water Quality comments, please contact Lynda Jamison at (509) 575 -2434. Water Resources ' The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations ' of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. ' If you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454 -7647. Sincerely, ' Gwen Clear Environmental Review Coordinator ' Central Regional Office (509) 575 -2012 t 169 DOC. INDEX Carolyn Belles Code Administration q City or Yakima Development Services Team S Request For Comments = x January 15, 2010 y q,, v u r�'a PLANNING To: City of Yakima Development Services Team From: Alice Mein, Assistant Planner Subject: Request for comments File Number. PLP #001 -10, PD ;x001 -10 & SEPA *001 -10 Applicant JBS Properties, Inc. Location: Mcinity of N 801h Ave & Scenic Drive Parcel Numbe s : 181317 -33433 DST MEETING DATE: 1/27/2010 A Preliminary Long Plat (Scenic Estates) to divide 13 acres into 13 s/f residential lots, a Planned Developm for Scenic Estates and an Envirionmental Checklist_ The applicant is proposing 12 of the lots be accessed a gated, private road into this development. Lot 1 of the subdivision could be served with access on eitl Scenic Drive or'N 80th Avenue. The applicant states that sewer and water mains have been extended to proposed subdivision. —Due to the document length of the Development Agreement and the Declaration Covenants, Conditions, Restrictions,'Easements and Reservations, a copy is available for review. Please review me 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 January 20, 2010 at 9:70 a.m. As always, should you have comments, but find you are unable to attend. please submit your comments prior to the meeting. My email address is aklein(Mci.yakima wa.us and the Planning Department's fax number is (509) 576 -6693 Should you have any questions, or require additional nfonnatlon, please call me at (509) 576-6693 , /y Contact Person U D pertmenNAgency d'R' '44� .mml z /z� A0 X o % a p r0. r: J! MASTER PLANNED DEVELOPMENT — SINGLE USE AND RECEIVED PRELIMINARY PLAT OF i SCENIC ESTATES JAN l 4 201E I is IN THE SW 1/4 OF THE SW 1/4 OF SEC. 17, T -13 N, 8-18 E,W.M. CITY OF YAKIMA p}ANNINGDIV. of --- I ^�^ _ .. � - -tsar= �aa�-�� -_ - - - __ -- -- -" i// ` �I�(''i,h =• - ... %�I •i If- �`� "r`•'i - / -.F- vsr- - --�,'- 1 - J _ �+ml-_ - - =- -- - - - =__.1 III � �.: •++a 4nme 'i- ' / / �• �.uta•o �ba•�ri�: /i J / /' r i-.r tma :x"Q"cri` / �''" %',1 /!: � ��,i /� /V Imo' tl,'� � � r /' /�/ ��i %�� =11 / / /i /• /,� /�'/' -- A�� •I , J � � /�' LTiw. 1� � � - F�ROPA' JdflF� ''�.r �, �i' /. � � -T. 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RK(•n,� ' _ • _ a. 1 �r!r.�r LEGAL DESCRIPTION t 01MlERlkfoEVEIWCR DIOIEER/a URVETOR . l s,ra, .0 K . •.v.R uatn sr�. t�.cr .I ca.wn o.wuc n,e.c .a Hco.eto .. ra ..c .`n : acl.e„ .•e «.em •... ......... ,• 1 +p6SfD R H w.,°C w -9R ,@, M MO.M Ill Kt� v ,r K3T .,lp .Lr " •, r w rHH .uay 3,.,r w�. L <+ Y,t..Ia K CowccRe la a DTSEI P L S i4 mT RVCTTCM.NWG f .., � y i ... a.� . •�_ ._ .. ,. �_... r � _ . � _ ... ' >i,:« I�,I��. �R„ � e� ° ...�. ;.rK °. Mt :w� ,.. Ktr ° ,~,T rDD lnsT ,KDw AYOUC I s.ea i1 ` Kn :• '` av w .... / - . :d0 % wq. Yu K .`arc! n w. ,u aR..3aoo,TO. [RO „ �4a�v o-t .flt su /¢rW�w .RY4 RL1WbT°� MDI i l ..r T.e .m.,...e � .. .w <a .. � i 1: R-•.. l me o°°°'°r°mrne� R..a18�°'rem .+ n"'�u.Tev�Te� �rnn rouna.. <a .H ,e ,a+ s ero .o..a a -- rmw ns�a.o r MASTE PLANNED DEVELOPlQI{T •'�.• .c< NOATM WIN AYCMIE A�CRNIG DR e•.n !' �llMa Hnava ay..T✓Dr wv'�f v —1 T RCObrD' PRE AY PLAT F� �.].G.L uTATI r.1IKW4Y— .:e ,.w r».r.aT ut - �v 03aa6 �rn PLYATf tIRafT aK - S rHr cH cK �,,�. •e �m� x H.c�a v _.j ancn Ai9 PROPE RT[5 RJC /70 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 February 10, 2010 To: Alice Klein Assistant Planner From: Joe Rosenlund Streets & Traffic Operations Manager Re: PLP 001 -10, Scenic Estates 1. Access to Lot 1 should be on Scenic Drive located as far to the east side of the lot as is practical. 2. Curb on island at subdivision entrance needs to be set back a minimum of two feet from where it. is shown on the plan. The setback is needed to avoid damage from snow plows. 3. Access will need to be provided for garbage collection. 4. If parking is allowed on the private road it will be very narrow for garbage truck operation, especially in the comers. Additional width up to a total width of 22 feet would be beneficial. DOC. # rj Klein, Alice From: Clear, Gwen (ECY) [GCLE461 @ecy.wa.gov] on behalf of ECY RE CRO SEPA COORDINATOR [CROSEPACOORDINATOR @ecy.wa.gov] Sent: Thursday, February 04, 2010 12:55 PM To: Klein, Alice Subject: RE: PLP #001 -10 request for DST comments Here's our comment: Tonics Clean up Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and. analyzed for lead and arsenic and for organocl-Aorine pesticides. If these contaminants are found at concentrations above the MTCA clean -up levels Ecology recommends that potential buyers be notified of their occurrence. If you have any questions concerning the Toxics Clean -up comments, please contact Valerie Bound at (509) 454 -7838. Gwen Clear SEPA Coordinator WA State Dept of Ecologv Central Regional Office - Yakima (509) 575 -2012 From: Klein, Alice [mailto:aklein @ci.yakima.wa.us] Sent: Wednesday, February 03, 2010 8:57 AM To: Clear, Gwen (ECY) Subject: PLP #001 -10 request for DST comments Gwen, Attached find a copy of the DST request for comments regarding the JBS Properties PLP #001 -10 Alice Klein Assistant Planner City of Yakima 129 N 2nd St. Yakima, WA 98901 (509) 576 -6693 Fax (509) 575 -6105 aklein(&-ci. Yakima. wa. us DOC. INDEX 2/4/2010 t n YAKIMA REGIONAL NAIR ' AGENCY ' February 2, 2010 Ms. Alice Klein, Assistant Planner Planning Division City of Yakima 129 North Second Street, 2 "d Floor ' Yakima, WA 98901 ' RE: SEPA #001 -10'— JBS Properties, Inc. – Scenic Estates Dear Ms. Klein: N(ll i , 1110llc: (09) N34-2050 .!�'r'l.r: (501)) 834-200) 1l�'cbyilc.• htt�r ;-' ir. i��ii '..�:r/kirtirrcicrrnuir.r�r.; ZUiU UTY OF �Kidv►t; PLANNING iJ)ly Thank you for providing the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and comment on SEPA #001 -10 – Proposal to divide 13 acres into 13 s/f residential lots to be located at ' N. 801h and Scenic Dr., Yakima, WA. Following review YRCAA has the following comment(s): ' 1. Contractors doing demolition, excavation, clearing, construction, or landsca in work must file a g aping Dust Control Plan with YRCAA and get approval, prior to the start of any of the work; and 2. This project is located within Yakima's Urban Growth Area; therefore, burning is prohibited at all times. ' Thank you for the opportunity to connect with the city's continued support-in- protecting the air quality in Yakima County. Best re gar Hasan M. ahat, Ph.D. Engineering and Planning Division Supervisor rCc: Proponent and File 1 DOC. INDEX # January 29, 2010 To: Alice Klein From: Sandy Cox Plans Examiner II City of Yakima Re: PLP 1 -10, etc 80th & Scenic Dr Gates shall meet 2006 International Fire Code (IFC) Section D103.5 and shall be at least 20 ft wide. Each lane shall be at least 20 ft in width per Section 503.2.1 of the 2006 IFC. Nob Hill Water Company shall direct location(s) of fire hydrants. It appears to narrow down at the gates. Additional comments may be forthcoming upon submittal of building projects. DOC. INDEX City of Yakima Engineering ' Memorandum IAlice, ' The application states that runoff will be collected and disposed of via surface retention areas and infiltration facilities. These will both work if designed and sized correctly. One other area that may need to be addressed is the runoff from the back side of lots onto adjacent properties. While this is not normally an issue, the steep slopes in this ' development could lead to some big cuts or fills and result in a worsening of existing runoff patterns. ' Complete stormwater design plans, specifications and runoff /storage calculations Date: January 27, 2010 Stormwater Manual and City of Yakima standards. These plans and control measures To: Alice Klein ' approved by the City of Yakima Surface Water Engineer prior to construction. Assistant Planner ' - ' From: Rand Melo Y Y Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Surface Water Engineer Subject: Scenic Estates Ecology (DOE) prior to construction. Wh Ave. & Scenic Drive PLP #001 -10, PD #001 -10 & SEPA #001 -10 IAlice, ' The application states that runoff will be collected and disposed of via surface retention areas and infiltration facilities. These will both work if designed and sized correctly. One other area that may need to be addressed is the runoff from the back side of lots onto adjacent properties. While this is not normally an issue, the steep slopes in this ' development could lead to some big cuts or fills and result in a worsening of existing runoff patterns. ' Complete stormwater design plans, specifications and runoff /storage calculations ' Therefore, if UIC wells are used in the drainage design, the UIC wells must be registered with DOE and a copy of the DOE UIC Well registration form with a Professional Engineer's stamp and signature for each well shall be delivered to the City of Yakima's Surface Water Engineer before final project approval shall be granted. ' supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer and then be reviewed and ' approved by the City of Yakima Surface Water Engineer prior to construction. ' UIC Registration Stormwater - ' In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Number 05 -10 -067, Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. ' Therefore, if UIC wells are used in the drainage design, the UIC wells must be registered with DOE and a copy of the DOE UIC Well registration form with a Professional Engineer's stamp and signature for each well shall be delivered to the City of Yakima's Surface Water Engineer before final project approval shall be granted. ' Randy Meloy Surface Water Engineer ' City of Yakima (509) 576 -6606 DOC. INDEX . -5- . — . Wednesday Febrtian• 10, 2010 09:29 � L T F, aa I 0 1 Need to ensure that the entrance /roads in this F1 development will meet minimum for fue aparatus access rowads, all buildable fill DST CoNpvffi wrs 01/27/7-1010 NTHOWSON 01/27/2010 material will need to 1813173 3433 PLP#001- have required 10 compaction testing/reports and any retaining walls within the development will need to be engineered/permitted. DOC. INDEX # n--1 -- http://citymmsap:7778/forms/PermitAttachments/htm]—out/Remarks.html 2/10/2010 X (3W - -- -- ------ Sewer is available to the south of this property and .in the southeastern comer. The City has proposed sewer lines to be extended to the west to 80th Ave and to the north to Scenic Dr. This will need to be worked !DST into the proposed project. Sewer pipes to remain COMMENTS 01/16/2010 SSCHAFER: public with public easements accessible by A8131733433 i 'Wastewater. Wastewater connection charg e*s shall apply. In accordance with 12.03.080, the maximum side sewer length within public right-of-way shall be one hundred feet unless otherwise approved by the City Engineer. City of Yakima Engineering Memorandum Date: January 25, 2010 To: Alice Klein Assistant Planner From: Mike Antijunti Development Engineer Subject: DST # EN0142 Scenic Estates North 80th Avenue and Scenic Drive The developer is proposing to subdivide a 13 acre parcel into 13 lots for single family homes. This development is required to meet Title 12 standards and City of Yakima subdivision requirements. Frontage improvements will be required on North 80th Avenue and on Scenic Drive. The frontage improvements will consist on full height curb, gutter, sidewalks and street lighting from the south line of the development on North 80th Avenue to the east lot line of Lot 1 on Scenic Drive. All interior roads shall be private but built to City of Yakima standards. Sewer is provided by the City of Yakima. City of Yakima sewer will be required to serve each new lot developed and extend through the development for future sewer service on adjoining parcels. A 8 inch minimum sewer main will be required to be extended through the development. Water is provided by Nob Hill Water Association. All drainage will be retained on site. Mike Antijunti Development Engineer City of Yakima (509) 576 -6608 DOC. , INDEX t 1 1 DATE: Fi rniart� .2�, ?010 TO: Alice TClein. ,�sSictant.Pt„ *,ter FROM: Kevin Futrell,, Transit Planner SUBJECT: Scenic Estates, PLP 001 -10 PROPOSAL: Thirteen -Lot Long Plat LOCATION: Vicinity of Scenic Drive and 78th Avenue PARCEL NO: 181317 -33433 COMMENTS: Transit .Division 509575- .6"175 2301 Fmitvale Blvd. Yakima, WA 98902 Yakima Transit does not currently have a bus route along Scenic Drive. The closest bus routes are the 41 & #8 with the closest transit stop being in the vicinity of 66th Avenue and Englewood. At this time, Yakima Transit is not considering alternating routes or providing new routes to travel closer to this location. Yakima Transit requests sidewalks along Scenic Drive and 80th Avenue to allow for pedestrian access to existing bus sites. ima Fire Department Fire and Life Safety 401 North Front Street Yakima, Washington 98901 Date: January 20, 2010 To: Carolyn Belles, Code Administration Office Supervisor From: Ron Melcher, Deputy Fire Marshal Re: Request for comments: Scenic Estates Development The following comments are based on the information supplied for the January 27, 2010 DST meeting. • I concur with your recommendation for their EastNVest road to be named fiesta Way, rather than Scenic Estates Parkway. As you know, firefighters memorize all the streets within the city. It is becoming increasingly more difficult for this to happen because of all the individualized names we have inherited from county annexations. Their ability to quickly pull this information shortens our response time when an emergency is in progress. In our business, it is ALL about time. (Way is a name we would all recognize instantly. There are so many. streets that already contain the name "Scenic" that it often times creates confusion when we respond to one of them. ef 40 If clarification is desired regarding the above comment, please do not hesitate to contact Md. Ron Melcher 576 -6353 DOC. INDEX # r),.� I. I k 1 I I .1 IF I I I I cfr ruyajam.- DevvioFmkont Samces Team R"waW Fw CommmMs"o, j�fju&ri IS. 7c"io C!ty ill •ekia;A ilrvc%-'�.pmert 709(n -- . ....... 71 T Crf-13'r, Cf� FLP 4MV- 10. RO 0GO-41 C- SEPA O*jl 'it) JOS Frmperlan. Iric. 'Aid! �v uf Pj @Gl�! 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Fir••e MOM 192 MalVwj ana nrr par, and preW.e -,m ! u w) 4 " v n ro cu m 4 r, im n a f Vo t rep-jifig k"Flis p7riprilal 'this p R"w-'d. mf ocrie, up re-( -di of Mr wo.-NOy MY rr to L* NVj .fan-Limly 20, YCLI.noVe oymn-vems, ut rj-.ij vcv am jmattn to ;;t-.rn!! :fi—m w !;Ll!jtllil 'fcmi C!.)w4-qoRl* rn-x to memettimp. th- ie-fi; it oft-ess .; akleinfMm vak;---nawa.us urt:-' !be ;%4nning Dapar-merrs tax rmyL� 6 (50;k)7.570-LE03 GhDjld ysu h3ve Lom- qjni !6714. U fEf4i,liA7.Xllilif'rA'l cofm*f0k; A, Ovi 11'r A 1 9 �R. ' La'.a�1lt�l �v,7'.`.s'E rl I ..I 710 DOC. INDEX V:—V To:-- I .1 IF I I I I cfr ruyajam.- DevvioFmkont Samces Team R"waW Fw CommmMs"o, j�fju&ri IS. 7c"io C!ty ill •ekia;A ilrvc%-'�.pmert 709(n -- . ....... 71 T Crf-13'r, Cf� FLP 4MV- 10. RO 0GO-41 C- SEPA O*jl 'it) JOS Frmperlan. Iric. 'Aid! �v uf Pj @Gl�! Ave & DrYlov tF•1 317-314ma A Prelill-6ir?Y Uio 061 tSrznlr Lmales,° is UNitle 13 Ksp�; Imc, 13 wt restd2mial ick*i, of PlovixCM 17-*;Dl-clr'rjT mr Smni= Lmales m-id uri Erui(Oo fr aI chrrk*tsl. ): iv zwm '►? is rox-sirq 12 ol Icd w! �4 ijw,6, rafiv;rp rowl into ihn; cj °_veluI rfovvd LM I CO 111C NUbdVf5l3n cuui:j Lb-- bC-,.E-fl vwhh arz o--t: si-cnx • urlye w N iDlir Ayucai, Th-rl Qz *qizam wmtes it er:,-ftj w.:irr dams hz%n! D-en e)de.- deld 10 1 prc.?ns I - - P�ql ped arlara*m wtxltvmon� -Jue to wew lr�fkgll-. al ll-!,e uav�ozlmiert Aegijilfe. D n Citinjil.icali. Rnvndinns, L-m-surrients wid Reservai0m. a r-r-Ri is ;lvmlab(.L- icr tevit•. Fir••e MOM 192 MalVwj ana nrr par, and preW.e -,m ! u w) 4 " v n ro cu m 4 r, im n a f Vo t rep-jifig k"Flis p7riprilal 'this p R"w-'d. mf ocrie, up re-( -di of Mr wo.-NOy MY rr to L* NVj .fan-Limly 20, YCLI.noVe oymn-vems, ut rj-.ij vcv am jmattn to ;;t-.rn!! :fi—m w !;Ll!jtllil 'fcmi C!.)w4-qoRl* rn-x to memettimp. th- ie-fi; it oft-ess .; akleinfMm vak;---nawa.us urt:-' !be ;%4nning Dapar-merrs tax rmyL� 6 (50;k)7.570-LE03 GhDjld ysu h3ve Lom- qjni !6714. U fEf4i,liA7.Xllilif'rA'l cofm*f0k; A, Ovi 11'r A 1 9 �R. ' La'.a�1lt�l �v,7'.`.s'E rl I ..I 710 DOC. INDEX �R. ' La'.a�1lt�l �v,7'.`.s'E rl I ..I 710 DOC. INDEX DST Distribution List Applicant: 5P File Number: P4 Pyt 02 le R2 jyeV/-/ e SFPX evl Date of DST Meeting: 7 --leP/6 4,.r�,h�' L ' Assigned Planner: City of Yakima Divisions and Yakima County Public Services Other Azencies De jjt ko& 115 North 3rd Street, Yakima 98901 Codes Sandy Cox JamesStickel, T - Hobbs Committee Manager - CDY Codes Jerry Robertson Transit N -.9y aleSchnedei, ;; t-' Codes Nathan Thompson jenna Leaverton 6111 Tieton Drive, Yakima 98908 1-- StormwaterEngineeL-.)k -Randy Meloy y C-6 un ';PubhcSvcs Vern Redfer ;r tr Wastewater Scott Schafer ` 911 --ommuruca N d"? Pacific Power and Light Co. County Flood Control District Jeff Legg Other Azencies Updated as of 01 /13/10 INDEX # De jjt ko& 115 North 3rd Street, Yakima 98901 Streets/Traffic Engineering Joe Rosenlund JamesStickel, T - Hobbs Committee Manager - CDY Parks and Recreation Ken Wilkinson Transit N Kenv Melun ✓ Transit Kevin Futrell jenna Leaverton 6111 Tieton Drive, Yakima 98908 Refuse Nancy Fortier y C-6 un ';PubhcSvcs Vern Redfer ;r 15 W Yakima Ave Ste #200, Yakima 98902 Yakima: County Planning Steve Erickson ` 911 --ommuruca N d"? Pacific Power and Light Co. County Flood Control District Jeff Legg Updated as of 01 /13/10 INDEX # Committee for Downtown Yakima Dan Kelleher 115 North 3rd Street, Yakima 98901 - t " v q a JamesStickel, T Committee Manager - CDY Manager P.O. Box 881,Yakima 98901 Y_ 'R� �"Y WMX`9 8 00 Nob Hill Water jenna Leaverton 6111 Tieton Drive, Yakima 98908 MKO WA State Department of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 Soil C, ;Yakima .. ar­bnserv�ttion. istfict, 'y V11 16 St Ste F; ✓ Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 _Tom ­ -A v-' Cascade Natural Gas Co. Sheila Ross 701 South 1st Ave, Yakima 98902 t School, Distract #7. 4 West Valley School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 Communications' � 5, 6 100 �--'N County Clean Air Authority Gary Pruitt 329 North 1st Street, Yakima 98901 ' ­ !R_6 W on 'M 2"T Yakima Greenway Foundation Al Brown 111 South 18th Street, Yakima 98901 5 "P W a iK Yakima Valley Canal Co. Robert Smoot 1640 Garretson Lane, Yakima 98908 "Z -7 2 Department of Natural Resources 713 Bowers Rd, Ellensburg 98926 Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 Thalia ' 1 S htl bi ac e 00 Yakima Airport Mike Redmond 2400 West Washington Ave, Yakima 98903 j. 3, North City of Union Gap P.O. Box 3008, Union Gap 98903 lyis Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 Ah"' hh BfW tt 16k s A, WA Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road, Yakima, WA 98909 Department of Fish & Wildlife Mark Teske 201 North Pearl, Ellensburg,ryffL-98926 Updated as of 01 /13/10 INDEX # J City of Yalkna Development Services Team Request For Comments January 15, 2010 To: City of Yakima Development Services Team From: Alice Klein, Assistant Planner Subject: Request for comments File Number: PLP #001 -10, PD #001 -10 & SEPA #001 -10 Applicant: JBS Properties, Inc. Location: Vicinity of N 80th Ave & Scenic Drive Parcel Number(s): 181317 -33433 DST MEETING DATE: 1/27/2010 A Preliminary Long Plat (Scenic Estates) to divide 13 acres into 13 s/f residential lots, a Planned Developm for Scenic Estates and an Envirionmental Checklist. The applicant is proposing 12 of the lots be accessed a gated, private road into this development. Lot 1 of the subdivision could be served with access on eitl Scenic Drive or N 80th Avenue. The applicant states that sewer and water mains have been extended to proposed subdivision. **Due to the document length of the Development Agreement and the Declaration Covenants, Conditions, Restrictions, Easements and Reservations, a copy is available for review. 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 January 27, 2010 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is aklein@ci.yakima.wa.us and the Planning Department's fax number is (509) 576 -6693 Should you have any questions, or require additional information, please call me at (509) 576 -6693 Comments: 1 Contact Person Department/Agency DOC. INDEX # 0 -� ' JB S PROPERTIES "Plat of Scenic Estates" 1 PLP #001 -10, PD #001 -10, SEPA #001 -10 d I EXHIBIT LIST CHAPTER E Environmental Checklist r a ka v ,. . _ �.DO.CUi1r1E.Nvs,� ..m X� . . , ..aro �.r s „ . di .. � n yy`sI�.w � n 8 �<< =�11, E -1 Environmental Checklist 01/06/2010. t - LAND USE APPLICA i IONT ' Jp.IV 0 CITY OF 1'AI�IMP.: DEPARTAIENT.OF COMA4UNITV AND ECONUA4IC DE\ ELOPA4EN I' 20!0 rA 129 NORTH SECOND STREET, 2ND FLUOR, YAKS A, A1'A )89(12 CIiY OF YA IMA VOICE: (509) S75 -6183 FAX: (_ (09) S75 -6105 PLANNING IV. ' INSTRUCTIONS — PLEASE READ FIRST Please. type or rint your answers clearly. Answer all questions completely. N you have any questions about this form or the applications process, please asl: a Planner. ]cemem a a- the, brine all necessary attachments and the required filing *, fee when the application is submitted. The Planninc Division cannot accept an ' application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART] - GENERAL. INFORMATION AND PAI.T IV— CERTIFICATION are. on this page. PART 11 and IT] contain additional information specific to your proposal and MUST be attached to this pace to complete the application. ' PART 1 — GENERAL INFORMATION 1. Applicant's Name, Address, Name J$S %� /2of�u�/ —"TIES �•✓G' ' AA And Phone Numbe Street I f� / S. City IMA— IST Zip �ZPhone ) �{S3 -386 2. Applicant's Propetty Interest Check ❑ Owner ❑ Agent Purchaser I ❑ Other One 3. Property Owner's Name, Name ce-4 C:t.�'l A6 'Tbvs Ektm Address, And Phone Number Street 7"l p(" ("If' Other Than .Applicant) �5_ j - � City � ST � Zt 8� Phone 1 4. Subject Property's Assessor's Parcel Num I bcr(s): S/317 5. Property Address: 7pj M A. �- 6. Legal Description of Properte. (if lengthy: please attach it on a separate document) -7- 7. Property's Existing Zoning: 'IS SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD [:IM-1 ❑ M -2 8, Type Of Application: (Checl: All That Apply) Easement Release ❑ Administrative Adjustment Environmental Checkhsi (SEPA) U ' ❑❑ Type (2) Review ❑ Right- of -`'ay Vacation El Rezone Transportation Concurrence ❑ Shoreline 17 Type (3) Review ❑ Short Plat ❑ Non - Conforming Structure /Use ❑ Critical Areas ❑ Long Plat ❑ Type 3 Modification ❑ Variance ❑ ❑ Interpretation by Hearing Examiner Amended Plat Admin. Modification ❑ L' Binding .ciitC P] an Appeal U Temporary Use Permit ❑ Home Occupation ❑ Comp Plan Amendment ❑ Planned Development ' ❑ Short Plat Exemption: ❑ Other: PART D — SUPPLEMENTAL APPLICATION. PART III — REQUIRED ATTACHMENTS. 8: PART IV — NARRATIVE ' 19 SEE ATTACHED SHEETS PART V — CERTIFICATION 10.1 certify that the infomnon on Ylication and the required attachments are true and correct to the best of my knowledge. PRV(PERTY OAN;,9S SIGN FOR ADA4INISTRATNE USE ONLY/ Notes: DATE FEE PAID RECEIVED BY" I I. . - (_ — Z.c:1 Z' � /�> DAT Revised 12 -08 PILE , v Amount Receipt No. I 1- Tri eang Ti3tP � /(J I +_�� nO ] - DOC. INDEX SCENIC ESTATES RECEIVED ' SAN o s 2010 CITY OF YAKIMA PLANNING DIV. t 1 1 1 MASTER PLANNED RESIDENTAL DEVELOPMENT YAKIMA, WASHINGTON ' JPS PROPERTIES, INC. SEPA ENVIRONMENTAL CHECKLIST DECEMBER, 2009 ooc. INDEX RFOEpVED SEPA CHECKLIST FOR JAN 0 6 2[l1G JBS PROPERTIES, INC. CITY OF YAKIWIA PLANNING 01V, A. BACKGROUND 1. Name of proposed project, (if applicable): SCENIC ESTATES 2. Name of applicant: JBS Properties, Inc. (509) 453 -3887 3. Address of applicant: 1819 South 4th Avenue Yakima, WA 98902 4. Contact & Rick Wehr Phone:. 509 person phone: -575 -6990 5. Agency requesting checklist: City of Yakima Planning Division 6. Date checklist prepared: December, 2009 7. Proposed timing or schedule (including phasing, if applicable). Anticipate completing subdivision development within two years after preliminary plat approval. 8. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? ' NO 9. List any environmental information you know about that has been prepared, or will be prepared, directly relating to this proposal. None known 10. Do you know whether applications are pending for governmental approvals for other ' proposals directly affecting the property covered by your proposal? If yes, explain. None known 11. List any government approvals or permits that will be needed for your proposal, if known. Lot line adjustment approval (SSE) ' City of Yakima Master Planned Development approval City of Yakima subdivision approval ' City of Yakima approval for street, drainage and sewer infrastructure construction DOC. INDEX SEPA Checklist l �� 12. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Subdivide the approximately 13 acre parcel into 13 single family residential lots. 13. 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, 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 of detailed plans submitted with any permit application related to this checklist. The project is located east of North 801h Avenue and South of Scenic Drive within the SWI /a of the SWl /a of Section 17, Township 13 North, Range 18 East, W.M. See attached preliminary plat drawing for vicinity map, legal description, topographic and other information. 14. Taxation Parcel Number(s): 181317 -33433 RECeIVe¢ B. ENVIRONMENTAL ELEMENTS (Attach additional sheets if necessary) A CITY (J 1. - EARTH PLA10146 Uf v''r� a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approx. %): +20% 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 prime farmland. The soils generally consist of Loess derived from Basalt. Soil conservation services classification is primarily Rock Creek very stony silt loam, 0 -30% slopes. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. NO DOC. INDEX SEPA Checklist 2 �— 1 1 1 1 1 1 1 1 1 1 1 1 1 C. Describe the purpose, type, and approximate quantities of any filling or grade proposed. Indicate source of fill. Grading for proposed street construction and lot development. No fill is proposed. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not likely g.. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately up to about 25 %. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During site development and construction activities, regulatory erosion control and storm water management plans will be implemented, such as silt fencing and appropriate dust control. 2. AIR a. What types of emissions to the air would result from the proposal (i.e. dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If- any, generally describe and give approximate quantities if known. Possible dust and vehicular emissions would be greatest during initial utility and street construction. Minimal emissions from residential space heating devices may occur after project completion. b. Are there any off -site sources of emissions or odors that may affect your proposal? If so, generally describe. None known C. Proposed measures to reduce or control emissions or other impacts to air, if any. Compliance with regulatory requirements. SEPA Checklist 3 RECEIVED JANa 7fli(i CITY OF YAK11v1r► PLANNING DIV. DOC. INDEX # L -( 3. WATER a. Surface: 1) Is there any'surface water body on or in the immediate vicinity of the site (including year - round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. None 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. N/A 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. N/A II 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities if known. NO 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. a 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 D b. Ground 1) Will groundwater. be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. F— CEIVen NO JAN Me' CITY OF YAKIMA O , PLANNIfgG diV. DOC. INDEX SEPA Checklist 4 ' . JAN 2fiiil CITY OF YAKIMA ' PLANNING Div.. 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 ' c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will the water flow? Will this water flow into other waters? If so, describe. Water runoff will be primarily from rainfall and. snowmelt. The runoff is proposed to be collected and managed on -site via surface retention areas and infiltration facilities. 2) Could waste materials enter ground or surface waters? If so, generally describe. NO 3) Proposed measures to reduce or control surfaces, ground, and runoff water impacts, if any: Accepted. engineering practices for storm water drainage systems will be implemented to collect and manage surface runoff water impacts. ' 4. PLANTS ' a. Types of vegetation found on the site: Various grasses and weeds such as bunch grass, cheat grass, wild flowers, morning ' glory and thistle. b. What kind and amount of vegetation will be removed or altered? Most all of the existing vegetation will be removed. C. List threatened or endangered species known to be on or near the site. None known ' DOC. INDEX SEPA Checklist 5 r C ' None SEPA Checklist: 6 DOC. 1 INDEX d. Proposed landscaping, use of native plants, or other measures to reserve or enhance P P b P P vegetation on the site, if any: Each residential lot will be landscaped with typical residential lawns, trees, flowers and shrubs. a 5. ANIMALS a. Any birds and animals which have been observed on or near the site or are known to be a on or near the site: Birds: Hawk, Songbirds, Sparrows, Magpies, Quail, Starlings, Robins, Blackbirds, Crows Mammals: Mice and Coyotes Fish: None RECEIVE b. List any threatened or endangered species known to be on or near the site. nn 'IAN 017 201U11 None known. CITY OF YAKWA PLANNIWG UIU. C. Is the site part of a migration route? If so, explain. NO d. Proposed measures to preserve or enhance wildlife, if any: None 6. ENERGY AND NATURAL RESOURCES a 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, a manufacturing, etc. Electric, natural gas, wood, propane and solar energy may be used for space heating, cooling, lighting and power. b. Would your project affect the potential use of solar energy by adjacent properties? If so, general describe. NO C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None SEPA Checklist: 6 DOC. 1 INDEX 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. NO 1) Describe special emergency services tharmight be required. N/A JAN 2) Proposed measures to reduce or control environmental health hazards, if any: CITY OF YAKINia1 PLANNING DIV. N/A b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None known 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: typical construction equipment noise related to street, utility and building construction during daylight hours. Long Term: typical residential maintenance equipment, primarily during daylight hours. 3) Proposed measures to reduce or control noise impacts, if any: None, other than industry and regulatory requirements for construction equipment. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently unused. Adjacent properties include low to moderate density residential. b. Has the site been used for agriculture? If so, describe. DOC. A portion of the site was previously a fruit orchard INDEX SEPA Checklist 7 �_ j 13 higher end housing units may be created. SEPA Checklist 8 DOC. INDEX I� C. Describe n b e structures on the site. y None 1 1� d. Will any structures be demolished? If so, what? RECEIVED NO e. What is the current zoning classifications of the site? I� SR — suburban residential CITY OF YAKIMA PLANNING DIV. f. What is the current comprehensive plan designation of the site? I� LD - Low Density Residential g. If applicable, what is the current shoreline master program designation of the site? N/A I� h. Has any part of the site been classified as an "environmentally sensitive" area? NO i. Approximately how many people would reside or work in the completed project. 50± j. Approximately how may people would the completed project displace? m ill None k. Proposed measures to avoid or reduce displacement impacts, if any: N/A 1. Proposed measures to ensure the .proposal is compatible with existing and projected land uses and plans, if any: Compliance with City zoning, subdivision and comprehensive plan objectives. 9. HOUSING a. Approximately how may units would be provided, if any? Indicate whether high, middle, or low- income housing. 13 higher end housing units may be created. SEPA Checklist 8 DOC. INDEX 1 1 1 1 1 1 1 1 1 1 1 1 b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low- income housing. None RECEIVED C. Proposed measures to reduce or control housing impacts, if any: JAN 0 6 2010 None CITY OF YAU iA 10. AESTHETICS PLANNING DIV. a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Maximum building height of 35 feet in accordance with zoning ordinance site design requirements and standards. Principal exterior building materials will be wood, stone and masonry. b. What views in the immediate vicinity would be altered or obstructed? None C. Proposed measures to reduce or control aesthetic impacts, if any: Compliance with zoning and building code regulations regarding building heights, lot coverage and setbacks, etc. 11. LIGHT AND GLARE a. What .type of light or glare will the proposal produce? What time of day would it mainly occur? Typical residential lighting, including street lights, yard lights and outdoor security lighting during night time hours. b. Could light or glare from the finished project be a safety hazard or interfere with views? NO C. What existing off -site sources or light or glare may affect your proposal? None known d. Proposed measures to reduce or control light and glare impacts, if any:. None, except to encourage the use of lowest necessary wattages and to direct lights inward and downward. HOC. SEPA Checklist 9 INDEX �� - Rece /t/ 12. RECREATION y ©C y,���. MIUj�r 0`V a. What designated and informal recreational opportunities are in the immediate vicinity? None 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 application, if any: None 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known b. Generally describe any landmarks 'or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known a C. Proposed measures to preclude or control impacts, if any: None a 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. o Scenic Drive borders site at northwest corner and North 80th Avenue borders the site along the west. Access will be from North 801h Avenue by extending a new street into the site. See attached preliminary plat drawing. b. Is site currentl y Y served b public transit? If not, what is the approximate distance to the D P PP nearest transit stop? NO Nearest transit stop approximately 1 mile from site. O DOC. INDEX SEPA Checklist 10 t e i C. How many parking spaces would the completed project have? How many would the project eliminate? Four or more per each residential unit. No parking would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways. If so,. generally describe (indicate whether public or private). Yes. A new street will extended into the site from North 80th Avenue to provide access to each of the proposed lots. The street will be private. See attached preliminary plat drawing. e. Will the project use (or occur in the immediate vicinity of) water,' rail or air transportation? If so, generally describe. NO f. How many vehicular. trips per day would be generated by the completed project? If known, indicate when peak volumes would occur? Approximately up to 130 vehicular trips per day could be generated. Peak volumes are expected during morning and afternoon weekday work commute hours. g. Proposed measures to reduce or control transportation impacts, if any: RECEIVED None proposed. JAN 0 6 2018 15. PUBLIC SERVICES CITY OF YAYIMq PLAWNG M. a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. NO b. Proposed measures to reduce or control direct impacts on public services, if any. None proposed. 16. UTILITIES a. Utilities currently available at the site: Domestic water, natural gas, .electricity, refuse service, telephone, sanitary sewer, cable TV and irrigation water. DOC. SEPA Checklist 1 ] INDEX �_, 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. Sanitary Sewer - Domestic Water - Electricity - Telephone - Cable - Refuse Service - Natural Gas - Irrigation- City of Yakima Nob Hill Water Association Pacific Power Qwest Charter Communications Yakima Waste Systems Cascade Natural Gas Yakima Tieton Irrigation u JAN 0 6 CITY OF YAKIIW�l PLAIVNIjVd JIV General construction activities include trenching for underground utilities. All utilities are proposed to be underground. C. SIGNATURE 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. Pro dent or Person Completing Form Date SEPA Checklist 12 U 1 DOG. INDEX A E -1 ' 1 1 1 1 1 1 1 1 1 0 1 1 7 JBS PROPERTIES "Plat of Scenic Estates" PLP #001 -10, PD #001 -10, SEPA #001 -10 EXHIBIT LIST CHAPTER F Application i.. .�N ., w,.._ x�., {, k.i.,,,,. .F �.. ��;4�� rfi��`�u }'�,,., �.e��tis?'a�. i,. ua.Zrys »��;. -,�,:. ,�. ..�.,.�kf. .r?'� � 1 � s '�.T'�'„•., jx*' „y� 1 F -1 Land Use Application for Preliminary Long Plat 01/06/2010 F -2 Land Use Application for Planned Development and SEPA 01/06/2010 F -3 Application for Traffic Concurrency 01/21/2010 PLSA ENGINEERING & SI' ^VEYING 1120 WEST LINCOLN A� _ UE YAKIMA, WASHINGTON 98902 O(509) 575 -6990 FAX (509) 575 -6993 To ALtC � �L E t til 8 WE ARE SENDING YOU Attached O Under separate cover via ❑ Shop drawings X Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ �C�44�� Ofd 4G°3La[���1�44Laf� 4231 DATE !- Z/— JOB NO. ATTENTION RE: s E L7 v ❑ Samples the following items: IT Specifications COPIES DATE NO. DESCRIPTION 2010 CITY OF YAK , .. UIV THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted Xor your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FORBIDS DUE REMARKS ❑ Resubmit copies for approval • Submit copies for distribution • Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO INDEX SIGNED: If enclosures are not as noted, kindly notify us at once. Cite of Yakima, Washington TRANSPORTATION CAPACITY ANALYSIS `AN 2 I LUiC CITY OF PLANN P G KIM Ill. 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 Applicant Name: ,T85 PfZOtPERTI E5, 11je Contact Person: BILL 1=2017 Z5A 4AA/l Mailing Address: VA 94 A46 LLA, 1qA FEE: 5250 (Receipt # Project Address: '"%b7 iLl', 6011NdUE. `,)4 W M A . L -)A , 98408 Parcel No(s): I f►) 13 /'7 - 3 34 F 3 RESIDENTIAL COMMERCIAL - INDUSTRIAL Housing Type' 51AI44E FAMIIL'.' (Single - Family, �4partments, etc) Special Population* (Nursing Homes, etc.) Other (Group Home, Daycare, Church, etc) Number of Units / 3 "Uses must match up Huth }A!C Ch. 15.04. Table 4 -1 Describe Use* Describe Use Gross Floor Area Gross Floor Area Parking Spaces Parking Spaces (Required/Provided) (Reguired/Prorided) Number of Employees, Number of Employees Project Description: 7"f4C e-- ALE:-AT--= 13 S(AII�LE FA MIL, , kf LO i 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 98902 DOC. INDEX = . /.. " Department of Community and Economic Development Office Receipt Number: R -10 -01774 of Code Administration 129 North Second Street, 2nd Floor Yakima, Washington 98901 Receipt Date: 01121/2010 Cashler:EHAZEN Payer /Payee Name: JBS PROPERTIES INC Original Fee Amount Fee O Application # Parcel Fee Description Amount Paid Balance TCO#001 -10 18131733433 Transportation Capacity Ordinal $250.00 $250.00 $0.00 SCENIC DR a Total: $250.00 Payment Reference Payment, RECEIVED Method Number Amount CHECK 1050 $250.00 JAN.2 1 2010 a Total $250.00 CITY OF YNKIMal PLANNING DIV. Previous. Payment History Receipt # Receipt Date Fee Description Amount Paid Application Parcel. JBS PROPERTIES INC 1819S 4TH AVE YAKIMA WA 98903 DOC- Page 1 of 1 INDEX # r� 3 PLSA ENGINEERING 1VEYING RECEIVED 1120 WEST LINCOL _NUE YAKIMA, WASHINGTON 98902 JAN 0 6 2010 (509) 575 -6990 CITY OF YAKIMA FAX (509) 575 -6993 PLANNING DIV. L F _0 ,D �-►Atit VE ARE SENDING YOU ❑ Shop drawing ❑ Copy of letter Attached El Under separate cover via s Prints ❑ Change order ❑ Plans LET 4223 J ZO � � DATE DATE OB NO. ATTENTION RE: P 7- A - � E'L 1 "o AJ ❑ Samples the following items: , ❑ Specifications COPIES DATE NO. DESCRIPTION 7- A � E'L 1 "o AJ 1 ,a - A 4,gE,amfFiv HESE ARE TRANSMITTED as checked below: ❑ For approval XFor your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections �1 ❑ Resubmit ❑ Submit ❑ Return _copies for approval copies for distribution corrected prints FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US EMARKS �� S Z . A Pe. Z z Qn i t/ A PP S r76, -3 -" T ,�1 Pig 7o-7- n "/43s 0. 0 I t t 0 C OPY TO SIGNED: 2z:F,( , 11� if enclosures are not as noted, kindly notify us at once. 1 1 1 1 1 1 1 1 i i 1 DOC. INDEX # � FC3 )/—/0 LAND USE APPLICATION JAN o 6 CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 CITY OF YAK PLANN1% VOICE: (509) 575 -6183 :FAX: (509) 575 -6105 U INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. if you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional informationspecific to your proposal and MUST be attached to this page to complete the application. PART I — GENERAL INFORMATION 1. Applicant's Name, Address, Name JBS PROPERTIES, INC. And Phone Number Street 1819 S. 4TH AVE. City YAKIMA ST WA Zip 98902 Phone ( )453 -3887 2. Applicant's Property Interest Check ❑ O wner ❑ Agent X Purchaser ❑ Other One 3. Property Owner's Name, Name GARRY GRIGGS dba THE RABBIT PATCH, LLC Address, And Phone Number Street 7706 SCENIC DRIVE (If Other Than Applicant) City YAKIMA ST WA Zip 98908 Phone ( )453 -1690 " 4. Subject Property's Assessor's Parcel Number(s): 1813 17 -33433 5. Legal Description of Property. (if lengthy, please attach it on a separate document) SEE ATTACHED 6. Property's Existin Zonin X SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -I ❑ B -2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M -1 [I'M-2 7. Property Address: 707 N. 80T AVENUE S. Type Of Application: Check All That Apply) ❑ " Administrative Adjustment Environmental Checklist (SEPA) ❑ Easement Release ❑ Type (2) Review. ❑ Right -of -Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non - Conforming Structure /Use ❑ Critical Areas X Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑, Amended Plat . ❑ Appeal ❑ Temporary Use Pen-nit ❑ Binding Site Plan ❑ Home Occupation ❑ Comp Plan Amendment X Planned Development ❑ Short Plat Exemption: ❑ Other: PART I1— SUPPLEMENTAL APPLICATION & PART III — REQUIRED ATTACHMENTS " 9. SEE ATTACHED SHEETS PART IV — CERTIFICATION 10. 1 certify that the informati n on this application and the required attachments are true and correct to the best of my knowledge. _ .., i PROP TY O SIGNA DATE FOR ADMINISTRATIVE USE ONLY Revised 12 -08 Notes: FILE # P G0 — f o DATE FEE PAID RECEIVED BY Amount Recei t No. Hearin' o Dat 14 -3`� . tT2� 3 c >v DOC. INDEX # � FC3 )/—/0 Supplemental Application For: RECEIVE) f-�-, PLANNED DEVELOPMENT YAKIMA MUNICIPAL CODE CHAPTER 15.28 AN CITY OF YAKItwi PLANNING L)IV. PART II - APPLICATION INFORMATION 1. PROPERTY OWNERS (attach if long): List all parties and financial institutions having an interest in the property. GARRY GRIGGS dba THE RABBIT PATCH, LLC 2. SURVEYOR AND /OR CONTACT PERSON WITH THEIR CONTACT INFORMATION: RICK WEHR; PLSA ENGINEERING AND SURVEYING 3. NAME OF PLANNED DEVELOPMENT: SCENIC ESTATES 4. ZONING OF SUBJECT PROPERTY: (check all that apply) X SR ❑ R -1 ❑ R -2 ❑ R -3 [113- 1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M -1 ❑ M -2 5. SITE FEATURES: A. General Description: ❑ Flat ❑ Gentle Slopes X Steepened Slopes B. Describe any indication of hazards associated with unstable soils in the area, i.e. slides or slipping? NONE C. Is the property in a 100 -Year Floodplain or other critical area as mapped 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 SERVICES: (Check all that are available) X Electricity X Telephone Natural Gas X Sewer X Cable TVA Water NOB HILL WATER X Irrigation YAK -TIE IRR 7. OTHER INFORMATION: A. Distance to Closest Fire Hydrant: 500FEET B.' Distance to Nearest School (and name of school): 1 MILE TO APPLE VALLEY ELLEMENTARY C. Distance to Nearest Park (and name of park): 2 MILES TO GILBERT PARK D. Method of Handling Stomnwater Drainage: ON -SITE INFILTRATION E. Type of Planned Development: X Residential ❑ Commercial ❑ Industrial ❑ Mixed Use PART III - REQUIRED ATTACHMENTS 8. PRELIMINARY PLAT /SITE PLAN REQUIRED: (Please use the attached City of Yakima Plat /Site Plan Checklist) 9. TITLE REPORT (disclosing all lien holders and owners of record): 10. TRAFFIC CONCURRENCY (if required, see YMC Ch. 12.08, Traffic Capacity Test): 11. ENVIRONMENTAL CHECKLIST (required): 12. NARRATIVE: (attached, required) 13. DRAFT DEVELOPMENT AGREEMENT: (which shall include: Narrative Description of Project and Objectives; Summary of Development Standards; .Site Plan Elements; Development Phasing, including times of performance to preserve vesting (YMC 15.28.070); Public Meeting Summaries; Performance Standards and Conditions addressing the items above; Criteria for Determining Major vs. Minor Modifications and amendments; and, Signatures 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 the approved Plan and Development Agreement.) I hereby authorize the submittal of the planned development application to the City of Yakima for review. I understand that conditions of approval such as dedication of right -of -way, easements, restrictions on the type of buildings that may be constructed, and access restrictions from public roads may be imposed as a part of approval and that failure to meet these conditions may result in dent of the dvelo ment. Property wner igna e required) y Date Note: if you have any questions abo t this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 575 -6183 Revised 12 -08, DOG INDEX �I [7 J J J 0 1 DOC. INDEX 1 Supplemental Application For: PLANNED DEVELOPMENT'` r. t i !s YAKIMA MUNICIPAL CODE CHAPTER 15.28 0 FY OF r 9��hlEi�ar"1 N 011 1 1 PART IV - NARRATIVE 1. What land uses are proposed? THE PROPOSED USE IS TO CREATE 13 SINGLE FAMILY RESIDENCE LOTS. 2. Will the land be subdivided? If so, what type of subdivision? (Long Plat, Short Plat, Binding Site Plan, etc). THE LAND WILL BE SUBDIVIDED BY THE LONG PLAT PROCESS. 3. How does the proposed Planned Development allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? THE PROPOSED DEVELOPMENT WILL ALLOW IZ OF THE 13 LOTS TO BE ACCESSED BY A PRIVATE GATED ROAD. THE 13 SINGLE FAMILY RESIDENCE LOTS CREATED WILL MATCH THE USAGE OF THE CONTIGUOUS LOTS WHICH ARE ZONED R -1 RESIDENTIAL. 4. Describe how the proposed Planned Development facilitates the efficient use of the land. THE LAND IS FAIRLY STEEP AND THE PROPOSED LARGER LOTS WILL BETTER FACILITATE THE LARGER HOMES THAT ARE PROPOSED FOR THE DEVELOPMENT. 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) SANITARY SEWER AND DOMESTIC WATER HAVE BEEN EXTENDED TO THE PROPOSED SUBDIVISION. WE PROPOSE TO SERVE ADJACENT EXISTING PARCELS WITH SEWER CONNECTIONS. THIS IS THE LAST PARCEL IN THIS AREA TO BE DEVELOPED AND THE ROAD SYSTEM DOES NOT NEED TO BE EXTENDED TO SERVE OTHER PARCELS. 6. How does the proposed Planned Development preserve or enhance natural amenities, features, shorelines and critical areas in the development of the site? THE PROPOSED LOTS WILL BE SITUATED SO AS TO MINIMIZE THE EFFECT ON THE VIEWS OF ADJACENT PARCELS UPHILL. THERE ARE NO SHORELINES OR CRITICAL AREAS ADJACENT TO THE SITE. 7. Identify environmental impacts and appropriate mitigation measures. THE PROPOSED PROJECT HAS BEEN DESIGNED TO AVOID, MINIMIZE AND /OR MITIGATE POTENTIAL ADVERSE IMPACTS ON THE ADJACENT LAND OWNERS. THE PROJECT HAS BEEN DESIGNED TO LIMIT THE ADVERSE EFFECT OF VEHICULAR TRAFFIC ON THE ADJACENT PROPERTY OWNERS BY HAVING THE ROADWAY IN THE MIDDLE OF THE PROJECT AND ONLY ONE CONNECTION ONTO THE EXISTING 80T" AVENUE. 8. How does the proposed Planned Development encourage environmentally sustainable development? ALL NEW HOUSES WILL BE CONSTRUCTED IN ACCORDANCE WITH THE MOST RECENT ENERGY CODES. ALSO THE LOTS ARE LARGER THAN AVERAGE SINGLE FAMILY LOTS AND WILL INCOURAGE MORE OPEN SPACES AROUND THE HOUSES. DOC. INDEX 1 9. What services and facilities are available to serve the subject property? Are those services adequate? 8" SANITARY SEWER MAIN, 8" AND 12" NOB HILL WATER MAINS, PACIFIC POWER, TELEPHONE, CABLE TV AND YAKIMA TIETON IRRIGATION WATER. ALL OF THESE SERVICES ARE AVAILABLE AT OR ADJACENT TO THE SITE AND ARE SUFFICIENT TO SERVE THE PROPOSED DEVELOPMENT. 10. Will the.proposed development promote economic development, job creation, diversification, or affordable housing? THE PROPOSED DEVELOPMENT WILL PROMOTE JOB CREATION BY THE NEED TO BUILD THE INFRASTRUCTURE TO SERVE THE SITE AND TO BUILD THE PROPOSED HOUSES. 11. How does the proposed development create vibrant mixed -use neighborhoods, with a balance of housing, employment, commercial, and recreational opportunities? THE DEVELOPMENT IS A SINGLE USE RESIDENTIAL DEVELOPMENT AND DOES NOT CREATE COMMERCIAL OR RECREATIONAL OPPORTUNITIES. 12. How is the proposed development consistent with goals, policies, and objectives of the Yakima Urban Area Comprehensive Plan? THE PROJECT PROVIDES FOR IN -FILL FOR HOUSING WHILE USING ALREADY INSTALLED UTILITIES AND CONNECTING TO AN EXISTING STREET. 13. How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? THE DEVELOPMENT WILL CREATE A PARKWAY WITHIN THE PROPOSED STREET PARCEL AND USE THE AREA TO.HANDLE AND TREAT THE STORMWATER FOR THE PROJECT. 14. Does the proposed Planned Development promote a.sound system for traffic and pedestrian circulation? Describe. THE PROJECT WILL PUT SIDEWALKS ALONG THE EAST SIDE OF 80TH AVENUE AND THE SOUTH SIDE OF SCENIC DRIVE. THE PROJECT ONLY HAS ONE ENTRANCE AND HAS SIDEWALKS THAT WILL CONNECT WITH THE SIDEWALKS ON 80TH AVENUE. 15. How does the proposed Planned Development promote open space and use of natural and /or developed amenities? THE PROPOSED LOTS ARE A MINIMUN OF 0.60 ACRES IN SIZE AND WILL PROMOTE MORE OPEN SPACE PER LOT THAN REGULAR SUBDIVISIONS. 16. Will the proposed Planned Development provide an architecturally attractive, durable, and energy efficient development? YES 17. Please 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. NONE KNOWN 18. Any other development standards proposed to be modified from the underlying zoning district requirements. NONE 19. What are the aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts. LIGHT & GLARE WILL BE MINIMIZED BY DIRECTING IT DOWN AND AWAY FROM ADJACENT PROPERTIES. SOLAR ACCESS AND SHADOWS WILL BE MINMIZED BY THE SLOPE OF THE EXISTING GROUND. 20. Please provide an, inventory of any on -site cultural, historic, and /or archaeological resources. THERE ARE NO KNOWN ON -SITE CULTURAL, HISTORIC AND /OR ARCHAEOLOGICAL RESOURCES WITHIN THE PROJECT SITE. 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 12 -08 r1qMLO C:I V F_ L11 CITY OF YAQgim PLANNING DIV DOC. INDEX # L-2 r 1 Supplemental Application For: ---z PRELIMINARY LONG PLAT ,JAN CITY OF YAKIMA, SUBDIVISION ORDINANCE, TITLE 14 CITY OF YAKliviii . PLANNING DIV.. PART H - APPLICATION INFORMATION 1. PROPERTY OWNERS (attach if long): List all parties and financial institutions having an interest in the property. GARRY GRIGGS dba THE RABBIT PATCH, LLC 2. SURVEYOR AND /OR CONTACT PERSON WITH THEIR CONTACT INFORMATION: RICK WEHR, PLSA ENGINEERING & SURVEYING 3. NAME OF SUBDIVISION: SCENIC ESTATES 4. NUMBER OF LOTS AND THE RANGE OF LOT SIZES: 13 LOTS - 28,749 TO 44,323 SQ. FT. 5. SITE FEATURES: A. General Description: ❑ Flat ❑ Gentle Slopes X Steepened Slopes B. Describe any indication of hazards associated with unstable soils in the area, i.e. slides or slipping? NONE C. Is the property in a 100 -Year Floodplain or other critical area as mapped 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 SERVICES: (Check all that are available) X Electricity X Telephone Natural Gas X Sewer X Cable TV X Water NOB HILL WATER X Irrigation YAK -TIE IRRIG 7. OTHER INFORMATION: A. Distance to Closest Fire Hydrant: 500 FEET B. Distance to Nearest School (and name of school): 1 MILE TO APPLE VALLEY ELEMENTARY C. Distance to Nearest Park (and name of park): 2 MILES TO GILBERT PARK D. Method of Handling Stormwater Drainage: ON -SITE THRU INFILTRATION E. Type of Potential Uses: (check all that apply) X Single- Family Dwellings ❑ Two - Family Dwellings ❑ Multi- Family Dwellings ❑ Commercial ❑ Industrial PART III - REQUIRED ATTACHMENTS 8. PRELIMINARY PLAT REQUIRED: (Please use the attached City of Yakima Preliminary Plat Checklist) 9. TRAFFIC CONCURRENCY: (if required, see YMC Ch. 12.08, Traffic Capacity Test) 10. ENVIRONMENTAL CHECKLIST (required): I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review. I understand that conditions of approval such as dedication of right -of -way, easements, restrictions on the type of buildings that may be constructed, and access restrictions from public roads. may be imposed as a part of preliminary plat approval and that failure to meet these conditions may result in denial of the final plat. �id) Date Pow r ' equ Note: if you have any questiotts about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509 -575 -6183 Revised 12 -08 DOC. INDEX ' } Department of Community and Economic Develop ent Office of Code Administration SEPA #001 -10 18131733433 707 N 80TH AVE PSP #002 -10 18131733433 707 N 80TH AVE CHECK NIA THE RABBIT PATCH LLC 7706 SCENIC DR YAKIMA WA 98908 SEPA Environmental Review Preliminary Long Plat Planned Development $ 1,435.00 Total $1,435.00 $225.00 $640.00 $570.00 Total: 5 S Y 3 1 7 T E 5 t } 1 Previous Payment History" r 4 r FeeDesc�iption'. a. A,r'Amotint Paid rAppJlicatign# \e Parcel;rt Cf- 10 4-o t J t> L� , DOC. INDEX Page 1 of 1 Receipt Number:12 =f10 00300 ES LLCi t r• 1 $225.00 $0.00 1 $640.00 $0.00 $570.00 $0.00 $1,435.00 ' C IVIED 5 S Y 3 1 7 T E 5 t } 1 Previous Payment History" r 4 r FeeDesc�iption'. a. A,r'Amotint Paid rAppJlicatign# \e Parcel;rt Cf- 10 4-o t J t> L� , DOC. INDEX Page 1 of 1 k I 1 P JBS PROPERTIES Plat of Scenic Estates PLP #001 -10, PD #001 -10, SEPA #001 -10 EXHIBIT LIST CHAPTER G Public Notice n f� G -1 Determination of Application Completeness 01/29/2010 G -2 Land Use Action Installation Certificate 02/12/2010 G -3 Notice of Application, SEPA, and Public Hearing G -3a: Press Release and Distribution E -mail G -3b: Legal Notice and Confirmation E -mail G -3c: Parties and Agencies Notified G -3d: Affidavit of Mailing 02/12/2010 G -4 Letter to JBS Properties from Alice Klein requesting additional information 03/03/2010 G -5 Notice of Decision for Transportation Concurrency 03/10/2010 G -6 Notice of Mitigated Determination of Non Significance G -6a: Press Release and Distribution E -mail G -6b: Legal Notice and Confinnation E -mail G -6c: Parties and Agencies Notified G -6d: Affidavit of Mailing 03/26/2010 G -7 Hearing Examiner Packet Distribution List 04/15/2010 G -8 Hearing Examiner Agenda 04/22/2010 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division 129 North Second'Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 e Fax (509) 575 -6105 www.buildingyakima.com - www. ci. yakima.wa.uslserviceslplanningl CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday April 22, 2010 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. YAKIMA COUNTY RURAL/ (01/28/2010) CL3 #001 -10 LIBRARY DISTRICT ADJ #002 -10 Planner: Vaughn McBride SEPA #003 -10 Address: 223 South 72nd Avenue Request: Construction of a 10,829 sq ft satellite library facility and adjustment to the lot coverage and parking. standards. B. JBS PROPERTIES /(01/06/2010) PLP #001 -10 "Plat of Scenic Estates" PD #001 -10 Planner: Alice Klein SEPA #001 -10 Address: Vicinity of North 80th Avenue & Scenic Drive Request: Planned Development for "Scenic Estates" to subdivide a 13 acre parcel into 13 residential lots for single - family homes. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. �o�,. Yakima INDEX °�' 1994 Hearing Examiner Packet Phil Lamb Distribution List 311 North 3rd Street AGENDA ONLY Yakima, WA 98901 Ken Crockett Yakima Assoc. of Realtors Mike Brown Gov. Affairs Committee Comm. Relations 2707 River Road Yakima, WA 98902 -1165 KCYU -FOX 68 Sam Granato David Okowski Police Chief 1205 West Lincoln Ave. Yakima, WA 98902 Charlie Hines Pacific Power Fire Chief Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 Office of Rural FWH Debbie Kloster Marty Miller City Clerk 1400 Summitview #203 Yakima, WA 98902 Yakima School Dist. #7 Carolyn Belles Superintendent Codes 104 North 4t" Street Yakima, WA 98902 Dave Zabell Assistant City Manager Dick Zais City Manager Codes Bulletin Board Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 KAPP TV Attn: Newsroom 1610 South 24t" Avenue Yakima, WA 98909 -5719 Radio KDNA P.O. Box 800 Granger, WA 98932 KIT -KATS Radio 4010 Summitview, Suite 200 Yakima, WA 98908 KARY Radio 1200 Chesterly Dr. #160 Yakima, WA 98902 KIMA TV P.O. Box 702 Yakima, WA 98907 KNDO TV 1608 S. 24", Ave Yakima, WA 98902 Yakima Herald - Republic P.O. Box 9668 Yakima, WA 98909 VIVA P.O. Box 511 Toppenish, WA 98948 KBBO -KRSE Radio 1200 Chesterlye Dr. St. 160 Yakima, WA 98902 Patrick D. Spurgin 411 N. 2nd St. Yakima, WA 98901 Gary Cuillier 314 N. 2nd Street Yakima, WA 98901 n 1 l 0 i Maud Scott 307 Union Street ' Yakima, WA 989000. INDEX # -� 1 rHearin g Examiner Packet AGENDA, STAFF REPORT, rSITE PLAN AND MAPS........ rYakima County Planning County Courthouse 1 r Binder Copy r r r r r r r r r r r . r r r City Legal Department Office of Neighborhood and Development Services For the Record /File Engineering Mike Antijunti Bill Cook CED Director DON'T FORGET TO SEND ONE TO THE APPLICANT........... JBS Properties c/o Bill Frodsham 1819 South 4"' Avenue Yakima, WA 98902 Garry Griggs 7706 Scenic Drive Yakima, WA 98908 PLSA c/o Rick Wehr 1120 West Lincoln Avenue .Yakima, WA 98902 Michael Dubrule 702 North 80`x' Avenue Yakima, WA 98908 Mike Wojnoski 3602 Howard Avenue Yakima, WA 98902 DOC. INDEX # -� AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA #001 -10 JBS Properties - Scenic Estates Vicinity of North 801h Ave and Scenic Drive I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision of MDNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all, property owners and parties of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 26th day of March, 2010. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. C2 a osalinda Ibarra Planning Technician DOC. INDEX #(a - -(ed OCHE LIVING TRUST SCENIC RANCH LLC SCENIC RANC 905 ENGLEWOOD AVE 23 S WENATCHEE AVE STE 222 23 S WE IME AVE STE 222 YAKIMA, Washington 989081026 WENATCHEE, Washington 98801 W HEE, Washington 98801 8131732423 18131732429 18131732427 SCENIC RAN SCENIC RANC . SCENIC RANCH LLC S W EE AVE STE 222 23 S WE EE AVE STE 222 23 S WEN ��.VE STE 222 GHEE, Washington 98801 W CHEF, Washington 98801 W Iton 98801 8131732428 18131733433 18131734437' ANTHONY J & KARLA FARINA SCENIC RANCH LLC THE RABBIT PATCH LLC 23 S WENATC E STE 222 3401 BAY ST 3401 BARGE ST �E Washington 98801 UNION GAP, Washington 989031886 YAKIMA, Washington 98902 8,131733422 18131733426 18131732431 RTHUR & ARLENE VOLZ ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA 7705 GRAYSTONE CT 3906 W.CHESTNUT 7614 SCENIC DR AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 18131734453 18131844411 18131844414 ETTY & KEITH FOSTER CHRISTOPHER HARDEN CLAUDE V & MARY FRANCES SMITH 08 MARILANE ST 2760 GOLF CIRCLE 1022 COWICHE MILL RD YAKIMA, Washington 989082360 WATSONVILLE, California 95076 COWICHE, Washington 98923 131734443 18131734422 18131733411 CYNTHIA JOHNSON DALE W & MELANIE L POWERS ZIEGLER DANIEL & DAWNDEE GAUB NOS ENGLEWOOD 7411 ENGLEWOOD 7731 ENGLEWOOD AVE AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 131733442 NANIEL 18131734415 18131733425 M & KELLY E KWON DANIEL R & CYNTHIA D PETERSON DAVID M & LYNN D HILL jr08 SCENIC DR 7509 ENGLEWOOD AVE 7601 GRAYSTONE CT AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 L131733435 18131734439 18131844001 EAN & KAREN ATTERBERRY DENNIS G ED DOUGLAS E & LAUREL K OSWALT 7902 SCENIC DR 1210 0TH AVE 716 N 80TH AVE AKIMA, Washington 989081051 Y IMA, Washington 98908 YAKIMA, Washington 989081009 18131844002 18131844401 18131734452 WARD M. PETERSON EDWARD. W & SUSAN K THOMAS ELIZABETH ROHL 08 N 80TH AVE 8907 SCENIC DR 7419 MAREE LN YAKIMA, Washington 989081007 YAKIMA, Washington 98908 YAKIMA, Washington 989089758 18131733404 18131734436 18131733430 'FRANK YBARRA FRANK JR & CATHY S ROUSE FREDRICK D & SALLY HOLWEGNER 17 N 80TH AVE 403 N 63RD AVE 7708 GRAYSTONE CT YAKIMA, Washington 98908 YAKIMA, Washington 989082707 YAKIMA, Washington 98908+ DOC. 131733441 18131734435 18131734418 I N INDEX GARRY L & VERA R GRIGGS GARY & NANCY KING GARY E LOFLAND OT�e Rabbit Patch LLC M06 SCENIC DR 7413 PLATEAU PL 7511 ENGLEWOOD AV AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 GARY E L ND 7 NGLEWOOD AVE YAKIMA, Washington 98908 18131732422 JAMES F & ANNETTE M MERZ 7910 SCENIC DR YAKIMA, Washington 98908 18131733402 JERRY A & JOANNE MEADE 7909 ENGLEWOOD AVE YAKIMA, Washington 98908 18131733407 KEVIN & HEATHER REDINGER PO BOX 9284 YAKIMA, Washington 989089284 18131734450 . LARRY M & KIMBERLY K LOVELESS 1011 PROSPECT WAY YAKIMA, Washington 98908 18131734457 LARRY M & KIMBERL VELESS 1011 P R AY YAKI ashington 98908 go 18131734455 LARRY M & KIMBERLY K LOVE 1011 PROSPECT WA YAKIMA, Wash n 98908 18131841001 LUDWIG & RENATE BRUGGE� SC STRASSE4 4906 BONFELD, No Province 0 18131733416 MICHAEL H & ERIN MORRIS 610 N 78TH AVE YAKIMA, Washington 98908 18131731410 ORLIN & PAULA KNUTSON 4603 SCENIC DR YAKIMA, Washington 98908 18131733412 PETER P HEL 4151 TVALE BLVD Y MA, Washington 98908 JACK & LAVONNE DANIELS 7507 ENGLEWOOD AVE YAKIMA, Washington 989081083 18131734440 JASON C & TANYA HOFF 205 S 86TH PLACE YAKIMA, Washington 98908 18131733443 JON & JOY ALEGRIA 7710 SCENIC DR YAKIMA, Washington 98908 18131844004 KEVIN & HEATHER REDINGER 612 N 80TH AVE YAKIMA, Washington 98908 18131734448 LARRY M & KIMBERLYX LOVELESS 1011 PROSP AY YAKI ashington 98908 do 18131734456 LARRY M & KIMBERLY K LOVE 1011 PROSPECT YAKIMA e gton 98908 18131734442 LARRY M & KIMBERLY LESS 1011 P WAY A, Washington 98908 18131732430 MICHAEL A & RHONDA L TAYLOR 7650 SCENIC DR YAKIMA, Washington 98908 18131844405 MICHAEL R & FRANCINE B DUBRULE 702 N 80TH AVE YAKIMA, Washington 98908 18131734454 PATRICK H & DEN MODREL 7512 P EAU PLACE Y IMA, Was 98908 DOC. 18131731411 INDEX RICHARD D ROUX # 7210 SCENIC DR. YAKIMA, Washington 989081048 JAMES BERNDT 7700 GRAYSTONE CT YAKIMA, Washington 98908 Washington 98908 18131733427 JEFFERY WIDDOWS 7604 GRAYSTONE CT YAKIMA, Washington 98908 18131733424 KARA M & THEODORE PRIER 7605 GREYSTONE CT YAKIMA, Washington 98908 18131733421 KEVIN & LINDA HOLMES 7709 GRAYSTONE CT YAKIMA, Washington 98908 18131734458 LARRY M & KIMBERLY �VELESS 1011 PRO WAY Washington 98908 18131734441 LARRY M & KIMW�AY LESS 1011 P T Y A, Washington 98908 18131731408 r LAURIE & ASHLEY MILLER 7611 SCENIC DR YAKIMA, Washington 98908 18131733429 MICHAEL B & KRISTIN G PREACHER 6725 11TH AVE NW SEATTLE, Washington 98117 18131734414 None No eoneNon, None 0 18131733413 PETER P HELM 4151 FRUITVALE BLVD YAKIMA, Washington 98908 18131733414 ROBERT K & KAYLYNN S BELZER 600 N 78TH AVE YAKIMA, Washington 98908 t 1 0 N111! it II l ODERICK D & B JEAN PRYOR RONALD & NANCY NULPH RONALD S & KARLENE EDWARDS 05 N 80TH AVE 704 N 80TH AVE 7409 ENGLEWOOD AVE YAKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 18131734449 18131733418 18131734404 TEVE J & ELIZABETH A PESEK TIMOTHY E & GWEN L BROWN TOM S & REBECCA ELWOOD �07 S 70TH AVE 609 N 80TH AVE 7407 ENGLEWOOD AVE AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 989081022 8131734451 19. 4.31733423 EVTTESON ARREN G & DOROTHY M KELLEY WILLIAM R & BARBARA C COOK 74,)%-- 45 +15 @, 3 % I q 4207 S SHORE DR 7701 GREYSTONE COURT Total Parcels - JBS Properties - Scenic Estates OUNT VERNON, Washington 98274 IF YAKIMA, Washington 98908 Rick Wehr S Properties k819 PLSA Engineering Mike WO]noski South 4th Avenue 1120 West Lincoln Avenue 3602 Howard Avenue Yakima, WA 98902 Yakima,.WA 98902 Yakima, WA 98902 a d p a DOC. INDEX OD -RG, SEPA Reviewer Army Corps PO Box c -3755 Seattle, WA 98124 Cascade Natural Gas 701 S. 1" Ave Yakima, WA 98902 Chamber of Commerce 10N9 "'St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6`" Ave. MS 623 Seattle, WA 98101 FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation I 1 I S. 18 11' St. Yakima, WA 98901 Yakima School District Superintendent 104 N. 4`'' Ave Yakima, WA 98902 Yakima Airport Manager 2400 W. Washington Ave Yakima, WA 98903 Ahtanum Irrigation District P.O. Box 563 Yakima, WA 98907 SETA REVIEWING AGED ES Page 1 01 Dept. of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Dept of Soc /Health Service Capital Programs Ofc. Bldg #2 MS OB -23B Olympia, WA 98504 Washington State Dept of Health Office of Drinking Water Attn: Christine Collins 16201 E Indiana Ave, Ste# 1500 Spokane Valley, WA 99216, Tom.McAvoy Q -West 8S.2 n d Ave. Room 304 Yakima, WA 98902 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504 -7703 Chuck Hagerhjelm WA State Emergency Mgmt. Diva Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430 -5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr PO Box 151 Toppenish, WA 98948 YVCOG Transportation Planner 311 N. 4"' Street STE 202 Yakima, .WA 98901 Mr. Greg Griffith Div. of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Stel02 Yakima, WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W. Pruitt Clean Air Authority 329 North I S' Street Yakima, WA 98901 Mr. Lee Faulconer Dept. of Agriculture PO Box 42560 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Nob Hill Water Co 61.11 Tieton Drive Yakima, WA 98908 Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Yakima -Klickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 Yakama Indian Nation Environmental Protection Prog. Moses Segouches PO Box 151 n Toppenish, WA 98948 UUCP. INDEX p C-��� u 1 1 1 1 1 1 1 1 1 1 1 1 e i Wastewater Division Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redifer Yakima County Public Services Mr. Steven Erickson Yakima County Planning Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504 -2525 Department of Fish & Wildlife c/o Markreske 201 North Pearl Ellensburg, WA.98926 SEPA REVIEWING AGED :ES Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA' 98055 -4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 John Baugh Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Type of Notice: [n W5 File Number(s): sEp- 1) D Date of Mailing: l'age 2 of 2 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24t" Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh 18204 59 "' Drive NE, Ste. B Arlington, WA 98223 Yakama Indian Nation Environmental Review Coordinator Thalia Sachtleben P.O: Box 151 Toppenish, WA 98948 DOC. INDEX # b -to C IN -HOUSE DISTRIBUTION LIST Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water /Irrigation Carolyn Belles City Legal Dept. Jerry Robertson Office of Code Administration Code Administration Neighborhood and Development Services Sandy Cox City Clerk Bill Cook, Nathan Thompson Code Administration DECISIONS ONLY CED Director Code Administration DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY For the Record /File Binder Copy DECISIONS ONLY Type of Notice: Wnf\ls File Numbers : � � Date of Mailing: r iND #.ZP Warm', Rosalinda _ D From: Klein, Alice Sent: Thursday, March'25, 2010 11:57. AM To: Ibarra, Rosalinda Subject.: FW: legal ad Forwarding this to you......... A W stct vX Pia vuv.e rr (509) 5 76 -6693 evvt.a.%I� a�La�cii ya,�ci�►vl,a� ww. t,(.� Q From: Legals [ mailto:legals @yakimaherald.com] U Sent: Thursday, March 25, 2010 11:56 AM To: Klein, Alice . R Subject: Re: legal ad I've scheduled this legal notice for 3/26, for a cost of $161.04. a On 3/24/10 "Klein, WASHINGTON STATE. ENVIRONMENTAL POLICY' ` 2:57 PM, Alice" <aklein @ci.yakima.wa.us DETERMINATION N �i; MITIGATED DETERMINATION OF ;.j NONSIGNIFICANCE Please publish only once on Friday March 26, 2010 CITY.OF YAKIMA WASHINGTON .. Mar6h26 2oio Protect Description The City of Yakima Department of Community & Economio' Development received +an environmental review.`application for tH6:- ,Preliminary Long Plat of Scemc,Estates The proposal includes the Send affidavit of invoice subdivision of approximately 12 9 acres I into 13 sin- gle family lots ,wit, the Suburban Residential ($R) publication and to: Account 1102 zoning dstnct It is being " " - developed as a gated subdi= vision utilizing a private street and will be reyiewed;un- der the provisions of�YMC 15 28 as a Mastei,Planned a Residential Development Propo'nenUOwner JBS Properties on behalf of Garry Griggs Location Vicini- ty of N 80th :Avenue '& Scenic Drive 'Parcel No: City of Yakima, Planning Division 181317 33433 'Lead Agency City. of Yakima Wash - ingtoh File Number SEPA #001 10 Determination". The City' of Yakima as • lead ;agency �' • for.ahis proposal aftertYeviewmg,a complete_d,enViron- mental checklist and other information on file.wrth the lead ;agency has determined'that; the project will not have a probable significant adverse impactron the en- vironm'ent and` an environmental; impact:xstatement I (Els> vim not be'required und6r,RCW § 43 2;1C 030 (2)-, 129 n 2nd Street Yakima WA 98901 , c) provided the,', measures listed below are used to mitigate potential adverse. impacts ,The information re- lied upon in reaching, this determination is available,.to the;pyb. (" uponirequest at the Citq of Yakima Planning Division Identified.Environ'merital Impacts &'Mitiga• tion Measure'sE ThistiMitidat6d Determination of Non - On behalf of: Rosalinda Ibarra significance (MDNS) is hereby conditibned; upon. the following mitigating measures as authonzed .under WAC 197 11 YMC'' -§ 6 88:160 the Yakima 660 and Urban Ar' `.Comprehensroe Plan which', contains goals policies and regulations which provide substan- Planning Planning Technician tive authority, t( "require mitigation under'ttie State En- Policy Act (SEPA) A complete record of the mitigation requirements is on file at.aty Hall undei File Number SEPA` #00110 ribarra @ci,yakima.wa.us •Contact Person Alice 1Clem Assistant Planner "(509) 576- 6693;fonm6re information [X]-,ThisWDNS is issued after using the optional DNS process m . yWAC § .19Z -11 355: There is no further comment period on the MDNS Responsible official Michael Morales Position/Title: CED Deputy Director /SEPA Resoonsi- le official ., Phone: (509) 575 6113 Aifdiess "129.4 2nd Street Yakima' WA 98901 may "appeal this determination to Joan Daven- port; Planning Manager at 129 4 2nd Street; Yakima, WA 96901. Noalater than: April 9,.2070 by Completing,an aooeal aoolication: form and payment,of1505 a�-peal feel You /+ DOC• should be, prepared to,�:makg'.specitic ,factual objec- tions. Contact the City of Yakima Planning.Pivision'to read or ask about the procedures for SEPA appeals Alice Klein INDEX (09553524) March. 26,'2010' . 3/25/2010 . PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON March 26, 2010 Project Description: The City of Yakima Department of Community & Economic. Development received an environmental review application for the Preliminary Long Plat of Scenic Estates. The proposal includes the subdivision of approximately 12.9 acres 1 into 13 single- family lots within the Suburban Residential (SR) zoning district. It is being developed as a gated subdivision utilizing a private street and will be reviewed under the provisions of YMC 15.28 as a Master Planned Residential Development. . Proponent /Owner: JBS Properties on behalf of Garry Griggs Location: Vicinity of N. 80t' Avenue & Scenic Drive Parcel No: 181317 -33433 Lead Agency: City of Yakima, Washington File Number: SEPA #001 -10 Determination: The City of Yakima, as lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW § 43.21C.030 (2) (c), provided the measures listed below are used to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. Identified Environmental Impacts & Mitigation Measures: This Mitigated Determination of Nonsignificance (MDNS) is hereby conditioned upon the following mitigating measures, as authorized under WAC 197 -11 -660, 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 Environment Policy Act (SEPA). FINDINGS A. Earth and Land Alteration: The SEPA checklist indicates that grading will take place for the proposed street construction and lot development, but no fill is proposed. According to YMC § 15.12.020(A), no use or development, as those terms are defined by this title, may be established, placed performed, construction, made or implemented, in whole or in part, without the issuance of a development permit by the building official. In addition, no development permit may be issued without the prior issuance of a Certificate of Zoning Review by the Planning Department for the proposed development, indicating that the proposal has been through the review procedures and conforms to the requirements of YMC § 15.12.020(B). B. Air Quality /Dust Control: Because this site is located within the Urban Growth Area, no burning is allowed onsite or at any other site. Contractors doing demolition, excavation, clearing, construction, and /or landscaping work on this project must file a dust control plan with the Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. C. Water Resources: The water purveyor is responsible for ensuring that the proposed uses(s) are within the limitations of their water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use) then it is subject to approval frorh the Department of Ecology pursuant to RCW § 90.03.380 and RCW § 90.44.100. If water is used for.dust suppression, it must be obtained legally. D. Water Quality: A National Pollutant Discharge Elimination. System (NPDES) Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of D' OCR./ Scenic Estates SEPA #001 -10 INDEX 1 PRESS RELEASE disturbed, ground. This permit requires that the SEPA checklist fully disclose anticipated D activities including building, road construction and utility placement. The permit requires that a Stormwater Pollution Prevention Plan (Erosion .Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried into surface water by storm water runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. Best management practices must be used . to prevent any sediment, oil, gas or other pollutants from entering surface or ground water. E. Stormwater Management: The applicant states that runoff will be collected and disposed of via surface retention areas and infiltration facilities. These are acceptable methods if designed and sized correctly. The slopes within this development could lead to cuts or fills, resulting in a worsening of existing runoff patterns. The runoff from the back side of lots onto adjacent properties may need to be addressed. 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 be reviewed and approved by the City of Yakima Surface Water eEngineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with Department of Ecology (DOE). A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. F. Toxics Clean -up: Based upon the historical agricultural use of this land, there is a a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead, arsenic, organochlorine pesticides, and total petroleum hydrocarbons. If these contaminants are found in concentrations above the Model Toxics a Control Act (MTCA) clean up levels Ecology recommends that potential buyers be notified of this. G. Transportation: This application has been reviewed and approved March 10, 2010 for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 13.13 PM 8 Peak Hour Trips. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review (Safety issues are discussed below). The review does not address intersection level of service. Access to Lot 1, on Scenic Drive, shall be located as far to the east side of the lot as is practical. The island curb at the entrance to subdivision may need to be adjusted back from the edge of N. 80th Avenue to avoid damage from City snow plows. n H. Public Services:, Water & Sewer: A minimum 8 -inch sewer main shall be extended from U the main located in the southeastern corner of the site west through the proposed subdivision to N. 80th Avenue and to the north to Scenic Drive. Each residential lot is required to be connected Q to the public sewer. Nob Hill Water (NHW) -will require an 8 =inch main be extended from the Scenic Plateau Development to N. 801h Avenue, as well as, the 8 -inch Ductile Iron (DI) main line from the High Valley Plat be extended into Scenic Estates. Once this is completed NHW will have 4000 gpm at 20 psi residual pressure. The placement and spacing requirements of hydrants shall be addressed during the plan review phase. DOC. INDEX Scenic Estates SEPA #001 -10 /n 2 PRESS RELEASE Developments that are located closer to NHW wells or reservoirs may not have acceptable water pressure for a new home: In this development Lot 2, 3, 12 and 13 may experience pressure between 40 — 50 psi. To boost this pressure the developer will need to allow for a personal booster system to the new home if a higher pressure is desired. Another possible solution is to increase the size of the water line to reduce loss from the NHW meter. All public utility lines, on private property, shall be located within the 100 foot easement (Proposed Tract A) of this subdivision. I. Irril4ation: This development is within the Yakima - Tieton Irrigation District boundary and has 6.82 shares of irrigation water. Yakima Tieton Irrigation District's approval is required on the face of the plat and must comply with the irrigation districts Resolution Number 97 -5. Nob Hill Water will install and maintain an irrigation system within the development, paid for by the developer. NHW will then operate and maintain the system and bill the customers according to the .square footage of their lot. J. Public Services: Fire & Life Safety: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet in accordance with 503.2.1 of the IFC, except for approved security gates in accordance with (IFC) D103.5 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location; and, 7.. Locking device specifications shall be submitted for approval by the Fire Code Official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system that is approved by the Fire Code Official. Where required by the Fire Code Official, fire department access roads shall be marked with permanent NO PARKING- FIREI' ANE signs complying with Figure D103.6. Signs shall have a minimum. dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required by Section D103.6.1 and D103.6.2. The City Engineer and staff require Madera Way to be used as a fire access road along with a local access road. Madera Way will be built to universal fire codes standards for fire apparatus. • minimum of 20 feet of paved surface will be required. • directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency (IFC 505.1). K. Noise: During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru Friday, and 8:00 am to 10:00 pm weekends and holidays (YMC § 6.04.180). L. Frontage Improvements /Development Standards: Frontage improvements will be required on N. 801h Avenue and Scenic Drive. Frontage improvements will consist of construction of full height curb, gutter, 5 -foot sidewalks and. street lightii� em the south .line INDEX Scenic Estates SEPA #001 -10 3 # Ca - (ncx- 8 PRESS RELEASE of the development on N. 80th Avenue to the east lot line of Lot 1 on Scenic Drive. The private road within the proposed subdivision shall be built to City of Yakima standards, unless other standards are approved in accordance with YMC § 12.06.020. Tract A of this subdivision includes the private street within a 100 -foot wide easement for access and public utility lines. aM. Aesthetics: The purpose of YMC Ch. 15.05 is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote public health, safety, and welfare. The proposed project shall conform to all applicable standards including, but not limited to: building setbacks, lot coverage, fence height, ingress /egress access, and building height. N. Light and Glare: When provided, lighting is required to be directed to reflect away from adjacent properties (YMC § 15.06.100). In a private, gated community, NHW will need either a set of "As Built Plans" for the street lights or have a contact person that can locate the lines surrounding the private street lights. O. Planned Development Standards: Upon preliminary plat approval the applicant and City of Yakima shall enter into a development agreement codifying all development standards and a conditions of approval prior to final plat approval and recordation. (YMC 15.28.050) YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan 2025 designated the future land use for this area as Low - Density Residential (YUACP, Map 111-3). Low Density Residential is primarily single family, detached residences. Net residential density before considering roads and right -of -ways is less than 7.0 dwelling units per acre, which is considered the lowest residential density to efficiently support public services. (YUACP, p. III -14) The proposed development is compatible with the following goals and policies of the Comprehensive Plan. Goal 3.2: Build Sustainable new neighborhoods. D Policy 3.2.1: For large -scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Policy 3.2.3 Innovative design, such as Cluster Development. (CD) and other low impact Development ideas are encouraged to develop within the Residential PD zone. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 6.3.1: Require new development or redevelopment on existing streets to install sidewalk along their street frontage. MITIGATION REQUIREMENTS 8 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited' at all times during land clearing. 2. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights.. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 3.. A NPDES Construction Stormwater, General Permit from. the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction Qsites. Permit coverage and erosion control measures must be in place prior to and clearing, grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 4. The applicant will be required to retain the stormwater on -site. 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 DOC. Scenic Estates SEPA #001 -10 INDEX 4 #t/�-�CA-- PRESS RELEASE Engineer and be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with Department of Ecology (DOE). A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. 5. During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction (YMC 6.04.180). 6. The site design for this project shall adhere to YMC Ch. 15.05 & 15-.06 standards including, but not limited to: parking, building setbacks, lot coverage, fence height, access, & building height. 7. When provided, lighting is required to be directed to reflect away from adjacent properties (YMC § 15.06.100). 8. All conditions, not herein mentioned, for fire and life safety shall comply. with the 2006 IFC standards. 9. Upon preliminary plat approval the applicant and City. of Yakima shall enter into. a. development agreement codifying all development standards and conditions of approval prior to final plat approval and recordation. (YMC 15.28.030(B)(5) & 15.28.050) Contact Person: Alice Klein, Assistant Planner, (509) 576 -6693 for more information. i� There is no comment period for this DNS .- This MDNS is issued after using the optional DNS process in WAC § 197 -11 -355. There is no further comment period on the MDNS. _ This DNS is issued under WAC § 197 -11- 340(2); the lead agency will not act on this proposal for 20 days from the date below. Responsible official: Michael Morales Position/Title: CED Deputy Director /SEPA Responsible Official Phone: (509) 575 -6113 Address: 129 N 2nd Street, Yakima, WA 98901 Date March 26, 2010 You may appeal this determination to: Joan Davenport, Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. No later than: April 9, 2010 By (method) Completing an appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedure's for SEPA appeals. F There is no agency appeal Scenic Estates SEPA #001 -10 DOC. INDEX 5 # D �i 1 1 1 1 1 1 1 1 Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, March 26, 2010 11:54 AM To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales;. Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 03 -26 -10 Press Release: MDNS - Scenic Estates - SEPA001 -10 Attachments: MDNS - Scenic Estates - SEPA001 -10_ Press Release.doc Rosanne, please post -to: http : / /www.ci.yakima.wa.us /ser vices / planning /SEPADeterminations.asp Thanks! &safinda 16arra Planning Teclmician ribarraC�ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 3/26/2010 DOC. INDEX . I NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) March 26, 2010 On February 12, 2010, the City of Yakima issued a Notice of Application and Environmental Review regarding an Environmental Checklist submitted by JBS Properties on behalf of Garry Griggs. The applicants are proposing to subdivide approximately 12.9 acres into 13 single - family. lots. This project is located in the vicinity of N. 80t" Avenue and Scenic Drive, Yakima, WA. City File Number: SEPA #001 -10 Following the required 20-day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 days from the date of this mailing. The appeal 1 period ends at 5:00 pm on April 9, 2010. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The filing fee of 5505.00 must accompany the Appeal application. For further information or assistance, ma ou wish to contact Alice Klein Assistant Y Y Planner at (509) 576 -6693 at the City Planning Division. Michael Morales Deputy Director of Community & Economic Development Notice of Decision Mailing Date: March 26, 2010 Enclosures: SEPA Determination of Nonsignificance Site Plan, Vicinity /Mailing Maps 1 DOC. ' INDEX a . WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON e March 26, 2010 a Project Description: The City of Yakima Department of Community & Economic Development received an environmental review application for the Preliminary Long Plat of Scenic Estates. The proposal includes the subdivision of approximately 12.9 acres 1 into 13 e single- family lots within the Suburban Residential (SR) zoning district. It is being developed as a gated subdivision utilizing a private street and will be reviewed under the provisions of YMC 15.28 as a Master Planned Residential Development. aProponent /Owner: JBS Properties on behalf of Garry Griggs_ Location:. Vicinity of N. 80t1i Avenue& Scenic Drive Parcel No: 181317 -33433 a Lead Agency: City of Yakima, Washington File Number: SEPA #001 -10 Determination: The City .of Yakima, as lead agency for this proposal,, after reviewing a completed environmental checklist and other information on file with the lead agency has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be. required under RCW § 43.21 0.030 (2) (c), provided the measures listed below are used to mitigate potential adverse a impacts. The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. Identified Environmental Impacts & Mitigation Measures: This Mitigated Determination of Nonsignificance (MDNS) is hereby conditioned upon the following mitigating measures, as authorized under WAC 197 -11 -660, YMC § 6.88.160 and the Yakima Urban Area D Comprehensive Plan, which contains goals, policies and regulations which provide substantive authority to require mitigation under the State Environment Policy Act (SEPA). FINDINGS A. Earth and Land Alteration: The SEPA checklist indicates that grading will take place for the proposed street construction and lot development, but no fill is proposed. According to YMC § 15.12.020(A), no use or development, as those terms are defined by this title, may be established, placed performed, construction, made or implemented, in whole or in part, without athe issuance of a development pennit by the building official. In addition, no development permit may be issued without the prior issuance of a Certificate of Zoning Review by the Planning Department for the proposed development, indicating that the proposal has been ' through the review procedures and confonns to the requirements of YMC § 15.12.020(B). B. Air Quality /Dust Control: Because this site is located within the Urban Growth Area, no burning is allowed onsite or at any other site. Contractors doing demolition, excavation, clearing, construction, and /or landscaping work on this project must file a dust control plan with the Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during ' land clearing. DOC. Scenic Estates SEPA #001 -10 INDEX C. Water Resources: The water purveyor is responsible for ensuring that the proposed uses(s) are within the limitations of their water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use) then it is subject to approval from the Department of Ecology pursuant to RCW § 90.03.3 80 and RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. D. Water Quality: A National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated .activities including building, road construction and utility placement. The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. These control. measures must be effective to prevent soil from being carried into surface water by storm water runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. Best management practices must be used to prevent any sediment, oil, gas or other pollutants from entering surface or ground water. E. Stormwater Management: The applicant states that runoff will be collected and disposed of via surface retention areas and infiltration facilities. These are acceptable methods if designed and sized correctly. The slopes within this development could lead to cuts or fills, resulting in a worsening of existing runoff patterns. The runoff from the back side of lots onto adjacent properties may need to be addressed. 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 be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with Department of Ecology (DOE). A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. F. Toxics Clean -up: Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead, arsenic, organochlorine pesticides, and total petroleum hydrocarbons. If these contaminants are found in concentrations above the Model Toxics Control Act (MTCA) clean up levels Ecology recommends that potential buyers be notified of this. G. Transportation: This application has been reviewed and approved March 10, 2010 for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will .not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 13.13 PM Peak Hour Trips. This review does not include any site development or safety issues which may DOC. INDEX Scenic Estates SEPA #001 -10 2 # 6 —& 1 be discussed at the project level or SEPA review (Safety issues are discussed below). The ' review does not address intersection level of service. Access to Lot 1, on Scenic Drive, shall be located as far to the east side of the lot as is practical. ' The island curb at the entrance to subdivision may need to be adjusted back from the edge of N. 80t1i Avenue to avoid damage from City snow plows. H. Public Services: Water.& Sewer: A minimum 8 -inch sewer main shall be extended from the main located in the southeastern corner of the site west through the proposed subdivision to N. 80t1i Avenue and to the north to Scenic Drive. Each residential lot is required to be connected to the public sewer. Nob Hill Water (NHW) will require an 8 -inch main be extended from the Scenic Plateau Development to N. 80 t1 Avenue, as well as, the 8 -inch Ductile Iron (DI) main line from the High Valley Plat be extended into Scenic Estates. Once this is completed NHW. will have.4000 gpm at 20 psi residual pressure. The placement and spacing requirements of hydrants shall be addressed during the plan .review phase. ' Developments that are located closer to NHW wells or reservoirs may not have acceptable water pressure for a new home. In this development Lot 2, 3; 12 and 13 may experience pressure between 40 — 50 psi. To boost this pressure the developer will need to allow for a personal ' booster system to the new. home if a higher pressure is desired. Another possible solution is to increase the size of the water line to reduce loss from the NHW meter. ' All public utility lines, on private property, shall be located within the 100 foot .easement (Proposed Tract A) of this subdivision. I. Irrigation: This development is within the Yakima- Tieton Irrigation District boundary and has 6.82 shares of irrigation water: Yakima Tieton Irrigation District's approval is required on the face of the plat and must comply with the irrigation districts Resolution Number 97 -5. Nob ' Hill Water will install and maintain an irrigation system within the development, paid for by the developer. NHW will then operate and maintain the system and bill the customers according to the square footage of their lot. ' J. Public Services: Fire &Life Safe : Fire Department Access Roads shall be installed and designed to the standards of the 2006. International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet in accordance with 503.2.1 of the IFC, except for approved security gates in accordance with (IFC) D103.5 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2.. Gates shall be of the swinging or sliding type; ' 3. Construction of gates shall be of materials that allow manual. operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; ' 5. Electric gates shall be equipped with a means of opening by the fire department personnel for emergency access. Emergency opening devices shall be approved by the. fire code official. ' 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location; and, t7. Locking device specifications shall be submitted for approval by the�ie-Code Official. INDEX Scenic Estates SEPA #001 -10 3 The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system that is approved by the Fire Code Official. Where required by the Fire Code Official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required by Section D 1016.1 and D 103.6.2. The City Engineer and staff require Madera Way to be used as a fire access road along with a t local access road. Madera Way will be built to universal fire codes standards for fire apparatus. • minimum of 20 feet of paved surface will be required. • directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency (IFC 505.1). , K. Noise: During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00 am to 10:00 pm Monday thru 1 Friday, and 8:00 am to 10:00 pm weekends and holidays (YMC § 6.04.180). L. Frontage Improvements /Development Standards: Frontage improvements will be ' required on N. 80t1i Avenue and Scenic Drive. Frontage improvements will consist of construction of full height curb, gutter, 5 -foot sidewalks and street lighting from the south line of the development on N. 80th Avenue to the east lot line of Lot 1 on Scenic Drive. The private road within the proposed subdivision shall be built to City of Yakima standards, unless other standards are approved in accordance with YMC § 12.06.020. Tract A of this subdivision includes the private street within a 100 -foot wide easement for access and public utility lines. M. Aesthetics: The purpose of YMC Ch. 15.05 is to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility '. and promote public health, safety, and welfare. The proposed project shall conform to all applicable standards including, but not limited to: building setbacks, lot coverage, fence height, ingress /egress access, and building height. N. Light and Glare: When provided, lighting is required to be directed to reflect away from adjacent properties. (YMC § 15.06.100). In a pri vate, gated community, NHW will need either a set of "As Built Plans" for the street lights or have a contact person that can locate the lines surrounding the private street lights. O. Planned Development Standards: Upon preliminary plat approval the applicant and City of Yakima shall enter into a development agreement codifying all development standards and conditions of approval prior to final plat approval and recordation. (YMC 15.28.050) YAKIMA URBAN AREA .COMPREHENSIVE PLAN t The Yakima Urban Area Comprehensive Plan 2025 designated the future land use for this area as Low - Density Residential (YUACP, Map III -3). Low Density Residential is primarily single family, detached residences. Net residential density before considering roads and right -of -ways is less than 7..0 dwelling units per acre, which is considered the lowest residential density to 1 DOC. Scenic Estates SEPA #001 -10 INDEX 4 # C _c 1 efficiently support public services. (YUACP, p. III -14) The proposed development is compatible with the following goals and policies of the Comprehensive Plan. Goal 3.2: Build Sustainable new neighborhoods. 1 Policy 3.2.1: For large -scale residential projects, encourage development through Residential Planned Development (Residential .PD) zone. Policy 3.2.3 Innovative design, such as . Cluster Development (CD) and other low impact tDevelopment ideas are encouraged to develop within the Residential PD zone. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. ' Policy 6.3.1: Require new development or redevelopment on existing streets to install sidewalk along their street frontage. ' . MITIGATION REQUIREMENTS 7. When provided, lighting is required to be directed, to reflect away from adjacent properties 1 (YMC § 15.06.100). DOC. INDEX ' Scenic Estates SEPA #001 -10 # //w — 5 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a ' dust control plan with Yakima Regional Clean Air Authority (YRCAA). Burning is prohibited at all times during land clearing. 2. The water purveyor is responsible for ensuring .that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water ' diversions and for any water from a well that will exceed 5,000 gallons per day. 3. A NPDES Construction Stormwater General Permit from the Washington State Dept. of Ecology is required. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to and clearing, ' grading or construction. These plans and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. 4. The applicant will be required to retain the stormwater on -site. 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 be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with Department of Ecology (DOE). A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. 5. During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction (YMC 6.04.180). 6. The site , this or f design project shall adhere to YMC Ch. 15.05 & 15.06 standards including, p J g but not limited to: parking, building setbacks, lot coverage, fence height, & building ' .access, height. 7. When provided, lighting is required to be directed, to reflect away from adjacent properties 1 (YMC § 15.06.100). DOC. INDEX ' Scenic Estates SEPA #001 -10 # //w — 5 8. All conditions, not herein mentioned, for fire and life safety shall comply with the 2006 IFC standards. 9. Upon preliminary plat approval the applicant and City of Yakima shall enter into a development agreement codifying all development standards and conditions of approval prior to final plat approval and recordation. (YMC 15.28.030(B)(5) & 15.28.050) Contact Person: Alice Klein, Assistant Planner, (509) 576 -6693 for more information. F There is no comment period for this DNS This MDNS is issued after using the optional DNS process in WAC § 197 -11 -355. There is no further comment period on the MDNS. r This DNS is issued under WAC § 197 -11- 340(2); the lead agency will not act on this proposal ' for 20 days from the date below. Responsible official: Michael Morales Position /Title: CED Deputy Director /SEPA Responsible Official ' Phone: (509) 575 -6113 Address: 129 N 2nd Street, Yakima, WA 98901 Date March 26, 2010 Signature_ ✓` �� You may appeal this determination to: Joan Davenport, Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. No later than: April 9, 2010 By (method) Completing an appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. F There is no agency appeal. DOC. ' Scenic Estates SEPA #001 -10 INDEX 6 I # z-41" DEPARTIIF T OF COMMUNITYAND ECONOMIC I 'ELOPMENTi Planning Division 129 North-Second Street, 2nd Floor Yakima, Washington 98961 (509) 575 -6183 Fax(509)575-6105 www.buildi.ngyaki.►na.conz , www. ci. yakima .wa.iislvervi.cevll;lannuzgI March 10, 2010 Bill Frodsham JBS Properties 1819S4 th Ave Yakima, WA 98902 Subject: Notice of Decision for Transportation Concurrency JBS Plat of 13 lots 707 North 80`h Avenue, Yakima WA Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed 13 lot plat for single family homes, within the City of Yakima, Washington. This development has been APPROVED for Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local access streets or street intersections. This review does not include safety or site design issues which will be addressed at the project review level of zoning and SEPA. This review concluded that the proposed development will not exceed the capacity of the arterial street system and reserve capacity exists on all impacted arterial streets. ' Please review the enclosed report. You may appeal the Findings of this report or request ,Administrative Reconsideration within fifteen (15) days from the date of mailing of this Notice. Appeal forms and procedures are available at the Department of Community and Economic Development. If you have any questions, please call me at (509)576 -6417. Sincerely, an Davenport Planning Manager Enclosure tcopy: Alice Klein, City Planning Plannin ' Division ' Yakima DOC. Ag-kwt,Ch INDEX q i �Sl! ' 1994 Date of Review: Review Prepared by: Proposed Development Subject Address: ITE Land Use: City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis March 10, 2010 Joan Davenport, Planning Manager (576 -6417) JBS Properties, 13 -Lot Plat 707 N 801h Ave LU 4210, Single Family Detached Homes, (1.01 PM Peak Hour Trips /DU) [ 1.01 * 13] = 13.13 PM Peak Hour Trips Expected Net PM Peak Hour Trip Generation: 13 PM Peak Hour trips Summary of Impact: The applicant, JBS Properties proposes to develop a subdivision of 13 new single family homes at 707 North 80th Avenue, within the city of Yakima, Washington. All traffic from this new development will enter the Arterial Street system on Englewood Avenue, Summitview Avenue or 66th Avenue.. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. 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. Summary of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management .Ordinance. This development will not. exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of 1 INDEX # PM Peak New Dev. Total Resulting Segment Seg Street Segment Total Pk Hr PM Pk Con- Pm Pk V/C LOS # ADT Hr Reserve Hr currency Hr (V /C ADT Cap. Impact Trips Capacity Ratio) 82 66th Ave: Scenic - Englewood 3,084 268 1,332 5 24 11327 0.18 A 199 Summitview:80th - 72nd Ave 11,950 1,040 2,560 2 2 2,558 0.29 A. 200 S mmitview: 88th - 80th 11,020 959 2,641 2 2 2,639 0.27 A 224 Englewood: 66th - 80th 1,840 160 1,440 7 30 1,433 0.12 A Summary of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management .Ordinance. This development will not. exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of 1 INDEX # 1 1 DEPARTMEN 'F COMMUNITY AND ECONOMIC DF 'LOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 • Fax (509) 575 -6105 www.buildingyakima.com o www. ci. yaki ►na.wa.us/serviceslpla►zning/ March 3, 2010 JBS Properties, Inc. Bill Frodsham 1819 S 4" Avenue Yakima, WA 98902 Re: Scenic Estates PLP#001 -10, PD #001 -10, SEPA #001 -10 Dear Bill, Due to the non - standard private road proposed for the Scenic Estates subdivision -you need to obtain a written approval from the City Engineering Division stating they will accept the private road submitted on the proposed preliminary plat. The Planning Division needs a copy of Engineering's approval to proceed any further with this proposal. Unless we have the approval in hand the tentatively scheduled public hearing on April 22, 2010, may need to be postponed. I would recommend you contact the Engineering Division, as soon as possible, and obtain the necessary approval and /or changes for the proposed private road. Sincerely, Alice Klein, Assistant Planner Cc: hick Wehr Garry Griggs DOC. Yakima INDEX 1994 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PLP #001 -10, PD #001 -10, SEPA #001 -10 JBS Properties - "Scenic Estates" Vicinity of North 80th Avenue and Scenic Drive I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, ' have dispatched through the United States Mails, a Notice of Application, Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was . addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed 1 by me on the 12th day of Februarv, 2010. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda I b a r r a Planning Technician DOC. INDEX r OCHE LIVING TRUST . SCENIC RANCH LLC SCENIC RA C 905 ENGLEWOOD AVE 23 S WENATCHEE AVE STE 222 23 S CHEE AVE STE 222 YAKIMA, Washington 989081026 WENATCHEE, Washington 98801 W.01FATCHEE, Washington 98801 ' 8131732423 00, 18131732429 1813] 732427 CENIC RAN LC SCENIC RAN SCENIC LC S WEN HEE AVE STE 222 23 S WE EE AVE STE 222 23S CHEE AVE STE 222 EN EE, Washington 98801 W HEE, Washington- 98801 W ATCHEE, Washington 98801 8131732428 18131733433 18131734437 ANTHONY J & KARLA FARINA SCENIC H LLC THE RABBIT PATCH LLC 3 S ATCHEE AVE STE 222 3401 BAY ST 3401 BARGE ST E TCHEE, W E 98801 UNION GAP, Washington 989031886 YAKIMA, Washington 98902 8131733422 18131733426 18131732431 RTHUR & ARLENE VOLZ ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA 7705 GRAYSTONE CT 3906 W CHESTNUT 7614 SCENIC DR AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 18131734453 18131844411 .18131844414 ETTY & KEITH FOSTER CHRISTOPHER HARDEN m CLAUDE V & MARY FRANCES SMITH 608 MARILANE ST 2760 GOLF CIRCLE 1022 COWICHE MILL RD YAKIMA, Washington 989082360 WATSONVILLE, California 95076 COWICHE, Washington 98923 08131734443 18131734422 18131733411 CYNTHIA JOHNSON DALE W & MELANIE L POWERS ZIEGLER DANIEL & DAWNDEE GAUB 405 ENGLEWOOD 7411 ENGLEWOOD 7731 ENGLEWOOD AVE AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 111ANIEL 131733442 18131734415 18131733425 M & KELLY E KWON DANIEL R & CYNTHIA D PETERSON DAVID M & LYNN D HILL E808 SCENIC DR 7509 ENGLEWOOD AVE 7601 GRAYSTONE CT AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 8131733435 18131734439 18131844001 MEAN & KAREN ATTERBERRY DENNIS G EDLER DOUGLAS E & LAUREL K OSWALT 7902 SCENIC DR 1210 S 70TH AVE 716 N 80TH AVE AKIMA, Washington 989081051 YAKIMA, Washington 98908 YAKIMA, Washington 989081009 �8131844002 18131844401 18131734452 DWARD M. PETERSON EDWARD W & SUSAN K THOMAS ELIZABETH ROHL 608 N 80TH AVE 8907 SCENIC DR 7419 MAREE LN AKIMA, Washington 989081007 YAKIMA, Washington 98908 YAKIMA, Washington 989089758 18131733404 18131734436 18131733430 RANK YBARRA FRANK JR & CATHY S ROUSE FREDRICK D & SALLY HOLWEGNER RANK N 80TH AVE 403 N 63RD AVE 7708 GRAYSTONE CT YAKIMA, Washington 98908 YAKIMA, Washington 989082707r YAKIMA, Washington 98908 48131733441 18131734435 DOC. 18131734418 GARRY L & VERA R GRIGGS GARY & NANCY KING INDEX GARY E LOFLAND (he Rabbit Patch LLC 06 SCENIC DR 7413 PLATEAU PL # ��- --511 ENGLEWOOD AVE AKIMA, Washington 98908 YAKIMA, Washington 98908 YAKIMA, Washington 98908 GARY E L D 751 GLEWOOD AVE IMA, Washington 98908 18131732422 JAMES F & ANNETTE M MERZ 7910 SCENIC DR YAKIMA, Washington 98908 18131733402 JERRY A & JOANNE MEADE 7909 ENGLEWOOD AVE YAKIMA, Washington 98908 18131733407 KEVIN & HEATHER REDINGER PO BOX 9284 YAKIMA, Washington 989089284 18131734450 LARRY M & KIMBERLY K LOVELESS 1011 PROSPECT WAY YAKIMA, Washington 98908 18131734457 LARRY M & KIMBE , K LOVELESS 1011 PROSP WAY YAKIM ashington 98908 18131734455 LARRY M & KI RLY K LOVELESS 1011 PR CT WAY YAK Washington 98908 18131841001 LUDWIG & RENATE BRUGGEMAN SCHULSTRASSE 4 D74906 BONFELD, No Province 0 1813.1733416 MICHAEL H & ERIN MORRIS 610 N 78TH AVE YAKIMA, Washington 98908 18131731410 ORLIN & PAULA KNUTSON 4603 SCENIC DR YAKIMA, Washington 98908 18131733412 PETER P H 415] UITVALE BLVD Y IMA, Washington 98908 JACK & LAVONNE DANIELS 7507 ENGLEWOOD AVE YAKIMA, Washington 989081083 18131734440 JASON C & TANYA HOFF 205 S 86TH PLACE YAKIMA, Washington 98908 18131733443 JON & JOY ALEGRIA 7710 SCENIC DR YAKIMA, Washington 98908 18131844004 KEVIN & HEATHER REDINGER 612 N 80TH AVE YAKIMA, Washington 98908 18131734448 LARRY M & KIMBE LOVELESS 1011 PRO WAY YAK Washington 98908 18131734456 LARRY M & KIMB K LOVELESS 1011 PRO T WAY YA Washington 98908 181317344423_ LARRY M & KIM Y K LOVELESS 1011 PR CT WAY YA A, Washington 98908 18131732430 MICHAEL A & RHONDA L TAYLOR 7650 SCENIC DR YAKIMA, Washington 98908 18131844405 MICHAEL R & FRANCINE B DUBRULE 702 N 80TH AVE YAKIMA, Washington 98908 18131734454 PATRICK H & DENISE A MODRELL 7512 PLATEAU PLACE YAKIMA, Washington 98908 DOC. 18131731411 INDEX JAMES BERNDT 1 7700 GRAYSTONE CT YAKIMA, Washington 98908 18131733427 JEFFERY WIDDOWS 7604 GRAYSTONE CT YAKIMA, Washington 98908 18131733424 KARA M & THEODORE PRIER 7605 GREYSTONE CT YAKIMA, Washington 98908 18131733421 KEVIN & LINDA HOLMES 1 7709 GRAYSTONE CT YAKIMA, Washington 98908 18131734458 LARRY M ERLY K LOVELESS OSPECT WAY AKIMA, Washington 98908 7611 SCENIC DR YAKIMA, Washington 98908 18131733429 MICHAEL B & KRISTIN G PREACHER 6725 11TH AVE NW SEATTLE, Washington 98117 18131734414 ;No ne None ne e, None 0 18131733413 PETER P HELM 4151 FRUITVALE BLVD YAKIMA, Washington 98908 18131733414 RICHARD D ROUX # _ G ROBERT K & KAYLYNN S BELZER 7210 SCENIC DR YAKIMA, Washington 989081048 600 N 78TH AVE YAKIMA, Washington 98908 u 1 18131734441 LARRY M& RLY K LOVELESS OSPECT WAY YAKIMA, Washington 98908 18131731408 LAURIE & ASHLEY MILLER 7611 SCENIC DR YAKIMA, Washington 98908 18131733429 MICHAEL B & KRISTIN G PREACHER 6725 11TH AVE NW SEATTLE, Washington 98117 18131734414 ;No ne None ne e, None 0 18131733413 PETER P HELM 4151 FRUITVALE BLVD YAKIMA, Washington 98908 18131733414 RICHARD D ROUX # _ G ROBERT K & KAYLYNN S BELZER 7210 SCENIC DR YAKIMA, Washington 989081048 600 N 78TH AVE YAKIMA, Washington 98908 u ODERICK -D & B JEAN PRYOR 05 N 80TH AVE YAKIMA, Washington 98908 1 8131734449 STEVE J & ELIZABETH A PESEK. 107 S 70TH AVE AKIMA, Washington 98908 8131734451 ARREN G & DOROTHY M KELLEY uT)TTESON 4207 S SHORE DR OUNT VERNON, Washington 98274 1BS Properties 819 South 4th Avenue Yakima, WA 98902 1 1 a a a a 0 a a RONALD & NANCY NULPH 704 N 80TH AVE YAKIMA, Washington 98908 18131733418 TIMOTHY E & GWEN L BROWN 609 N 80TH AVE YAKIMA, Washington 98908 18131733423 WILLIAM R & BARBARA C COOK 7701 GREYSTONE COURT YAKIMA, Washington 98908 Rick Wehr PLSA Engineering 1120 West Lincoln Avenue Yakima, WA 98902 Type of RONALD S & KARLENE EDWARDS 7409 ENGLEWOOD AVE YAKIMA, Washington 98908 18131734404 TOM S & REBECCA ELWOOD 7407 ENGLEWOOD AVE YAKIMA, Washington 989081022 74 -1 5% 5c f- 45f15f2= /,-), Total Parcels - JBS Properties - Scenic Estates Notice: File Number(s): f „� Date of Mailing: DOC. INDEX OD -RG, SEPA Reviewer Anny Corps PO Box c -3755 Seattle, WA 98124 Cascade Natural Gas 701 S. I" Ave - Yakima, WA 98902 Chamber of Commerce 10N9th..St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6 °i Ave. MS 623 Seattle, WA 98101 FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation 111 S. 18°i St. Yakima, WA 98901 Yakima School District Superintendent 104 N. 4"' Ave Yakima, WA 98902 Yakima Airport Manager. 2400 W. Washington Ave Yakima, WA 98903 Ahtanum Irrigation District P.O. Box 563 Yakima, WA 98907 SEPA REVIEWING AGED _�S Page I of Dept. of Natural Resources Mr. Greg Griffith 713 Bowers Rd Div. of Archeol & Hist. Pres. PO Box 48343 Ellensburg, WA 98926 Olympia, WA 98504 Dept of Soc /Health Service WA State Attorney. Gen. Office Capital Programs Ofc. Bldg #2 MS OB -23B 1433 Lakeside Ct. Ste102 Olympia, WA 98504 Yakima, WA 98902 Washington State Dept of Health Office of Drinking Water City of Union Gap Attn: Christine Collins PO Box 3008 16201 E I.ndiana Ave, Ste# 1500 Union Gap, WA 98903 Spokane Valley, WA 99216 Tom McAvoy Gary W. Pruitt Q -We at Clean Air Authority 8S.2 Ave. Room 304 329.North 151 Street Yakima, WA 98902 Yakima, WA 98901 West Valley School District Mr. Lee Faulconer Attn: Peter Ansingh Dept. of Agriculture 8902 Zier Road PO Box 42560 Yakima, WA 98908 Olympia, WA 98504 Yakima Co Health Dist Gwen Clear 1210 Ahtanum Ridge Drive Dept of Ecology Union Gap, WA 98903 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Department of Ecology Nob Hill Water Co Environmental Review Section PO Box 47703 6111 Tieton Drive Olympia, WA 98504 -7703 Yakima, WA 98908 Chuck Hagerhjelm WA State Emergency Mgmt. Div. Pacific Power Mitigation, Analysis & Planning Mgr Mike Paulson Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Yakama Indian.Nation Cultural Resources Program Johnson Meninick, Mgr PO Box 151 Toppenish, WA 98948 YVCOG Transportation Planner 311 N. 4t1i Street STE 202 . Yakima, WA 98901 Yakima - Klickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 Yakama Indian Nation Environmental Protection Prog. Moses Segouches PO Box 151 Toppenish, WA 98948 INDEX # 6 3C' t t 1 Wastewater. Division Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redifef Yakima County Public Services Mr. Steven Erickson Yakima County Planning Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504 -2525 Department of Fish & Wildlife c/o Markleske 201 North Pearl Ellensburg, WA 98926 SEPA REVIEWING AGEN �LS Federal Aviation Administration Cayla Morgan, Airport Planner . Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 John Baugh Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 Sol] Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Type of Notice 1 9" 9 :� � r _} File Number(s): Late of Mailing: sr Page 2 of 2 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand. Dept. of Fisheries 1701 S. 24`" Ave Yakima, WA -98902 WSDOT Aviation Division John Shambaugh 18204 59 "' Drive NE, Ste. B Arlington, WA 98223 Yakama Indian Nation Environmental Review Coordinator Thalia Sachtleben P.O. Box 151 Toppenish, WA 98948 DOG. INDEX # 61 3c IN-HOUSE DISTRIBUTION LIST Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water/Irrigation Carolyn Belles City Legal Dept. Jerry Robertson Office of Code Administration Code Administration Neighborhood and Development Services Sandy ox Code � ox ,ydiiiiistration 'S,,ONLY C DEC ty k S ONLY Bill Go k, CED *rector Nath��u Thdmpson Code A inistration DECISI N I DE SINS CF NS ONLY. DECI ONLY 0 For the Record/File Bmd,fi�r '- i Copy DECIS IONS ONS ONLY Type of Notice: File Number(s): Date of Mailing: I DOC. INDEX aIbarra, Rosalinda O From: Legals [legals @yakimaherald.com] Sent: Wednesday, February 10, 2010 11:54 AM To: Ibarra, Rosalinda , Subject: Re: 02- 12 -10 Legal Notice: Notice of App, SEPA, Hearing - JBSProp - PD PLP SEPA I've scheduled this legal notice for 2/12, for a cost of $167.75. "Ibarra, On 2/10/10 9:50 AM, Rosalinda" <ribarra @ci.yakima.wa.us> wrote: OPlease publish only once on Friday February 12, 2010 Send affidavit of publication and invoice to: Account 11002 aNOTICE`OF City of Yakima, Planning Division AP.PLICAI'ION ENVIROMMENTAL REVIEW:' &PUBLIC'HEARING DATE February 12;;:2010, FROM. Bill Cook CEO Di- rector APPLICANT: JBS Properties Inc. on behalf of Ger Gn gs SUBJECT Notice of Planned Develop - 129 North 2nd Street, Yakima, WA 98901 ment Preliminary Long Plat and'SEPA;Environmental Tax Parcel No. Parcel # 181317- 33433; File Review; No.(s)::.PD, #001,r,10,:PLP #001 -10, and SEPA #001 -10; Date of Apphcatron;;. January ,.,6:2010;;Date:of;'gppli - cation .Completeness ; January 29 2010; PROJECT nESCRIPTION The proposal is for a planned develop- ment, a preliminary long plat to subdivide 12.9 'acres into 13 single family lots ;and,SEPA environmental , re -. The ;development will ;lie gated;:and Rosalinda Ibarra view. ;proposed contain a.pnyate street The,subject property is located in the vicinity of Scenic Drive and N 80th Avenue. EN .VIRONMENTAL REVIEW This`: is to notity all the pub - Plannin g Technician lic and private agenc ies wdhfunsdiction and envvon= mental that the City of Yakima Division°bf ,expertise Environmental Planning .,has, been established as the dead agdh6yi pursuant to the Washington State ,'Envi- rlbarra C1. akima.wa.us Y ronmental Policy Act;(SEk.is pfoithe above ed to.prds r The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non Sig - nificance- this „project TheµoptionalrONS, ,(MDNS);,on S91 in` WAC 197 11 355;IS bein g used' The pro, posal may: include mIII gation measurw under applica -, ble codes `and the protect reviewxproce'ss may Incor- prvate or;.requve.mdigation,measures .regardless of, City Of Yakima y whether or,not an'EIS is prepared Thrsmay be; your,; only opportunity'to comment on the environmental. impacts of, the project. Request for Writ- ,proposed ten Coents Agencies "tribes, and the public are mm encouraged to review and comment on this proposed, 129 North 2nd Street protect and At probabie environmental impacts There ct, .. comment penod'for this review. All written is a by <March 4 2010,'will be consid ; Yakima, WA 98901 comments4recened, bred prio�,to issuing theJ661 SEPA Determination on this appli'** 6 : Please 6e sure to ? ce :referen the' file number(s) (PLP #001 10, PD #o01 -10, SEPA #001 -10 . or applicants name jJBS Properties, Inc) in your -cor- respondence NOTIC OF DECISION A SEPA thresFi -. p: (509) 575 -6183 old dete(nr- tion; will b64endered after the end of the 26- daycomrtient,;penod There will,be a 14- day ",SEP._A period effective upomthe °date of mailing "O- f• (509) 575 -6105 appeal Try= nF °PUBLIC'HEARING This project requires that the Hearing Examiner hold a.publid,heanng Thepub= lic hearing has been tentatively scheduled for April 22, 2010 :begrnnmg'at 9 00 -e:m.; in the CounciL:Cham.: bars City Hall,'129,N 2nd'Stre at, ' .-Yakima W.K Any "ts person desiring 4o express their views on this' matter invited to attend the public hearing or to submitwritten comments Following the.:public, hearing,,..the Hearing Examiner will issue his recommendation to the Yakima . City `Council ;wit hin,ten:(10) business days. Following receipt of,,the;4 eating Examiner's recommendation; -a date will be se4 <foir a' Closed Record Hearing befo.e , 'V ry .ti, r� � ry rrx r� « ev rej ru ry rta City Council If .you have any question la this t (509 - al please call. Alice Klein, Assistant Planner at (509) The Simon SiZer 576?6693 or: email at akleinfci yakima wa.us: complete file is available to review at the Planning Divi- Legal /Obituary Clerk sign: 0 (09553087); February 12 2010`.: Yakima Herald- Republic Phone: 509 - 577 -7740 Fax: 509- 577 77766 DOC. legals @yakimaheraid.com INDEX # 2/11/2010 �) PRESS RELEASE CITY OF YAKIMA NOTICE OF APPLICATION FOR m ENVIRONMENTAL REVIEW & PUBLIC HEARING DATE: February 12, 2010 TO: Applicant, Adjoining Property Owners and SEPA Reviewing Agencies, FROM:. Bill Cook, CED Director APPLICANT: JBS Properties, Inc. on behalf of Gerry Griggs, owner SUBJECT: Notice Planned Development, Preliminary Long Plat and SEPA Environmental Review Tax Parcel No: Parcel # 181317 -33433 File Number(s): PD #001 -10, PLP #001 -10, and SEPA #001 -10 Date of Application: January 6, 2010 m Date of Application Completeness: January 29, 2010 PROJECT DESCRIPTION The proposal is for a planned development, a preliminary long plat to subdivide 12.9 acres into 13 single - family lots, and SEPA environmental review. The proposed development will be gated and contain a private street. The subject property is located in the vicinity of Scenic Drive and N. 80 "' Avenue, in the Suburban Residential (SR) zoning district. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non Significance (MDNS) on this project. The optional DNS process in WAC 197 -11 -355 is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether or not an EIS is prepared. This may be your only opportunity to comment upon the environmental impacts of the proposed project. The following conditions have been identified that may be used to mitigate the adverse environmental impact of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA) and get approval prior to the start of any of the work. This project is located within Yakima's. Urban Growth Area; therefore, burning is prohibited at all times. 2. An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of undisturbed ground. The proponent shall provide the City of Yakima a copy of all required permits. Prior to and during construction the applicant shall, at all times, obtain any permits required by the Washington State Department of Ecology for surface water diversion and water use. 3.. Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxic Control Act's (MTCA) clean -up levels Ecology recommends that potential buyers be notified of their occurrence. 4. The steep slopes in this development could lead to some big cuts or fills and result in a worsening of existing runoff patterns. Complete stormwater design plans, specifications, and runoff /storage calculations supporting the stormwater design shall be submitted for review and approval to the City of Yakima Surface Water Engineer, prior to construction. All stormwater shall be retained onsite. 5. Public waterlines shall be looped throughout the site.. New waterlines shall be located within an easement to be provided within the ri ght -of -way of the private street serving this site. 6. Fire hydrants shall be installed within the development as required by the City of Yakima Fire Department and Nob Hill Water Association. 7. Sewer extension shall be consistent with YMC § 12.03.020. 8. All public utility lines on private property shall be located in a minimum 16 -foot easement. DOC. 1 INDEX # ' PRESS RELEASE 9. The proposed gates shall be.-20 feet wide, comply with the 2006 IFC standards, and be equipped with ' a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 10. The proposed private streets shall be built to standards approved by the City Engineer. 11. For the purpose of street name consistency and for emergency providers responding in an expeditious ' manner the new street shall be named Modesto Way. '(YMC 8.52). There are many streets that already contain "Scenic" .causing confusion for emergency providers; therefore, the applicant's proposal to name the new street "Scenic Estates Parkway" is denied. ' 12. *Frontage improvements will be required on N 80`h Avenue and on Scenic Drive consisting of full height curb, gutter, sidewalks and street lighting. 13. The site is within the District boundary and has 6.82 shares of Yakima - Tieton Irrigation. The ' property owner will be required to show Irrigation Approval on the face of the final plat. -14. During project construction all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. (YMC § 6.04.180) ' 15. This development is subject to review under the Transportation Concurrency Ordinance (YMC 12.08). 16: The site design for this project shall adhere to YMC Ch. 15.05 & 15.06 standards including, but not limited to: parking, building setbacks, lot coverage, fence height,& building height. 17. The proponent shall provide a copy of all required permits and studies to the City of Yakima. Required Permits: Grading permit, NPDES Construction Stormwater General Permit (from DOE), Transportation Concurrency Review, & Dust Control Plan (Yakima Regional Clean Air Authority), ' Building Permit, & Street Break Permit. Additional permits may be required. Existing Environmental Documents: None Required Studies: Traffic Concurrency Review ' Development Regulations for Project Mitigation and Consistency Include: the City of Yakima Urban Area Zoning Ordinance, the State Environmental Policy Act, the Yakima Urban Area Comprehensive Plan, and Title 12 Development Standards. ' Request for Written Comments: Agencies, tribes, and the public are encouraged to review and comment on this proposed project and its probable environmental impacts. There is a 20 -day comment period for this review. All written comments received by March 4, 2010, will be considered prior to issuing the final SEPA Determination on this application. Please be sure to reference the file number(s) (PLP #001 -10, PD #001 -10, SEPA #001 -10 or applicant's name (JBS Properties, Inc.) in your correspondence. Please send written comments to: ' Bill Cook, CED Director City of Yakima, Department of Community & Economic Development 129 N 2" d Street, Yakima, WA 98901 NOTICE OF DECISION ' A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. This determination may be appealed to the Hearing Examiner within fourteen (14) days from the date the decision is mailed. ' NOTICE OF PUBLIC HEARING This project requires that the Hearing Examiner hold and open record public hearing. The public hearing has been tentatively scheduled for Thursday April 22, 2010, beginning at .9:00 a.m., in the Council ' Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his recommendation to the Yakima City Council within ten (10) ' business days. Following receipt of the Hearing Examiner's recommendation, a date will be set for a Closed Record Hearing before City Council. If you have any questions on this proposal, please call Alice Klein, Assistant Planner at (509) 576 -6693 or 1 email at aklein@ci.yakima.wa.us. The complete file is available to review at the City of Yakima . Planning Division. DOC. INDEX 2 # C,-, :3 a Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, February 12, 20108:33 AM To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith.- Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Cc: 'tcbec @aol.com'; 'Patrick Spurgin' Subject: 02 -12 -10 Press Release: Notice of App, SEPA, Hearing - JBS Prop - PD PLP SEPA Attachments: Notice of App, SEPA, Hearing - JBS Prop - PD PLP SEPA_ Press Release.doc Rosanne, please post to: http: / /www.ci.yakima.wa.us /services /planning/Noticeof ap.asp Thanks! UZqsaanda lbarra Planning Technician ribana@ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 2/12/2010 DOC. INDEX # C, _3 ' CITY OF YAKIMA NOTICE OF APPLICATION FOR ENVIRONMENTAL REVIEW & PUBLIC HEARING .1 1 n .1 1 DATE: February 12, 2010 TO: Applicant, Adjoining Property Owners and SEPA Reviewing Agencies, FROM: Bill Cook, CED Director APPLICANT: JBS Properties, Inc. on behalf of Gerry Griggs, owner SUBJECT:. Notice Planned Development, Preliminary Long Plat and SEPA Environmental Review Tax Parcel No: Parcel # 181317 -33433 File Number(s): PD #001 -10, PLP #001 -10, and SEPA #001 -10 Date of Application: January 6, 2010 Date of Application Completeness: January 29, 2010 PROJECT DESCRIPTION The proposal is for a planned development, a preliminary long plat to subdivide 12.9 acres into 13 single - family lots, and SEPA environmental'review. The proposed development will be gated and contain a private street. The subject property is located in the vicinity of Scenic Drive and N. 80"' Avenue, in the Suburban Residential (SR) zoning district. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is presently inclined towards the issuance of a Mitigated Determination of Non Significance (MDNS) on this project. The optional DNS process in WAC 197 -11 -355 is being used. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether or not an EIS is prepared. This may be your only, opportunity to comment upon the environmental impacts of the proposed project. The following conditions have been identified that may be used to mitigate the adverse .environmental impact of the proposal: 1. Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA) and get approval prior to the start of any of the work. This project is located within Yakima's Urban Growth Area; therefore; burning is prohibited at all times. 2. An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of undisturbed ground. The proponent shall provide the City of Yakima a copy of all required permits. Prior to and during construction the applicant shall, at all times, obtain any permits required by the Washington State Department of Ecology for surface water diversion and water use. DOC. INDEX # a2 � - 11. For the purpose of street name consistency and for emergency providers responding in an expeditious manner the new street shall be named Modesto Way. (YMC 8.52). There are many streets that already contain "Scenic" causing confusion for emergency providers; therefore, the applicant's proposal to name the new street "Scenic Estates Parkway" is 1 denied. 12. Frontage improvements will be required on N 801h Avenue and on Scenic Drive consisting of I full height curb, gutter, sidewalks and street lighting. 13. The site is within the District boundary and has 6.82 shares of Yakima - Tieton Irrigation. The property owner will be required to show Irrigation Approval on the face of the final plat. 14. During project construction all contractors shall adhere to the City of Yakima noise ' regulations regarding hours of construction. (YMC §.6.04.180) 15. This development is subject to review under the Transportation Concurrency Ordinance ' (YMC 12.08). 16. The site design for this project shall adhere to YMC Ch. 15.05 & 15.06 standards including, but not limited to: parking, building setbacks, lot coverage, fence height, & buildN* &fight. Scenic Estates PLP #001 -10 PD #001 -10 & SEPA #001 -10 2 INDEX # r3 1 a 3. Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides.. Ecology recommends that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxic Control Act's (MTCA) clean -up levels Ecology recommends that potential buyers be notified of their occurrence. 4. The steep slopes in this development could lead to some big cuts or fills and result in a worsening of existing runoff patterns. Complete stormwater design plans, specifications, and runoff /storage calculations supporting the stormwater design shall be submitted for review 8 and approval to the City of Yakima Surface Water Engineer, prior to construction. All stormwater shall be retained onsite. 5. Public waterlines shall be looped throughout the site. New waterlines shall be located within an easement to be provided within the right -of -way of the private street serving this site. ' 6. Fire hydrants shall be installed within the development as required by the City of Yakima Fire Department and Nob Hill Water Association. ' 7. Sewer extension shall be consistent with YMC § 12.03.020. 8. All public utility lines on private property shall be located in a minimum 16 -foot easement. 1 9. The proposed gates shall be 20 feet wide, comply with the 2006 ITC standards, and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by t the fire code official. 10. The proposed private streets shall be built to standards approved by the City Engineer. ' 11. For the purpose of street name consistency and for emergency providers responding in an expeditious manner the new street shall be named Modesto Way. (YMC 8.52). There are many streets that already contain "Scenic" causing confusion for emergency providers; therefore, the applicant's proposal to name the new street "Scenic Estates Parkway" is 1 denied. 12. Frontage improvements will be required on N 801h Avenue and on Scenic Drive consisting of I full height curb, gutter, sidewalks and street lighting. 13. The site is within the District boundary and has 6.82 shares of Yakima - Tieton Irrigation. The property owner will be required to show Irrigation Approval on the face of the final plat. 14. During project construction all contractors shall adhere to the City of Yakima noise ' regulations regarding hours of construction. (YMC §.6.04.180) 15. This development is subject to review under the Transportation Concurrency Ordinance ' (YMC 12.08). 16. The site design for this project shall adhere to YMC Ch. 15.05 & 15.06 standards including, but not limited to: parking, building setbacks, lot coverage, fence height, & buildN* &fight. Scenic Estates PLP #001 -10 PD #001 -10 & SEPA #001 -10 2 INDEX # r3 1 17. The proponent shall provide a copy of all required permits and studies to the City of Yakima. Required Permits: Grading permit, NPDES Construction Stormwater General Pen-nit (from DOE), Transportation Concurrency Review, & Dust Control Plan (Yakima Regional Clean Air Authority), Building Pennit, & Street Break Pen-nit. Additional permits may be required. Existing Environmental Documents: None ' Required Studies: Traffic Concurrency Review Development Regulations for Project Mitigation and Consistency Include: the City of 1 Yakima Urban Area Zoning Ordinance, the State Environmental Policy Act, the Yakima Urban Area Comprehensive Plan, and Title 12 Development Standards. ' Request for Written Comments: Agencies, tribes, and the public ate encouraged to review and comment on this proposed project and its probable environmental impacts. There is a 20 -day comment period for this review. All written comments received by March 4, 2010, will be ' considered prior to issuing the final SEPA Determination on this application. Please be sure to reference the file number(s) (PLP. #001 -10, PD #001 -10, SEPA #001 -10 or applicant's name (JBS Properties, Inc.) in your correspondence. Please send written comments to: Bill Cook CED Director City of Yakima, Department of Community & Economic Development 129 N 2nd Street, Yakima, WA 98901 NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. This determination may be appealed to the Hearing Examiner within fourteen (14) days from the date the decision is mailed. NOTICE OF PUBLIC HEARING This project requires that the Hearing Examiner hold and open record public hearing. The public hearing has been tentatively scheduled for Thursday April 22, 2010, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any. person desiring to ' express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue his recommendation to the Yakima City Council within ten (10) business days. Following receipt of the Hearing ' Examiner's recommendation, a date will be set for a Closed Record Hearing before City Council. If you have any questions on this proposal, please call Alice Klein, Assistant Planner at (509) ' 576 -6693 or email at akleinkci.yakima.wa.us.. The complete file is available to review at the City of Yakima Planning Division. ' Encl: Written Narrative for Planned Development (Draft Development Agreement), SEPA Environmental Checklist, Site Plan /Preliminary Plat, Vicinity Map and Mailing Map. ' DOC. INDEX ' Scenic Estates PLP #001 -10 PD #001 -10 & SEPA #001 -10 3 I/ RECEIVED, 4 S FEB 1 2 20 10 CITY OF YAKIMA CITY OF YAKIIWf', LAND USE ACTION INSTALLATOAH "10 I)IV- CERTIFICATE Q Project Number: -PZ P2# Date of Installation: A Site.Address: f% /�J , J� $O� h ,L� 5ceyl t c _D r i VP- / )q ri e. A%-Ch 6*eCt- (9 S / q Y1 071 %�/ . T D' A jar- opcoatio2iyo�� Installation (Check One)0:55gh Land Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. lica sNare ae print) �AS' a0 Date 1 v! Pet, � Applicants S' nature Telephone Number of Applicant The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509 -575 -6105; or mail to: City .of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. - DOC. INDEX. # C� 1 i B v e s I . 11 1 Ll 1� _I DEPARTMEP JF COMMUNITY AND ECONOMIC A. Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 e Fax (509) 575 -6105 www.buildhigyaki.ma.com a www. ci. yaki .nta.wa..uslserviceslplanningl January 29, 2010 JBS Properties, Inc. Bill Frodsham 1819 S 4h Avenue Yakima, WA 98902 Re: Determination of Application Completeness File No: PLP #001 -10, PD #001 -10, and EC #001 -10 Dear Mr. Frodsham, Your application you submitted for a Preliminary Long plat, Planned Development and Environmental Review to sub - divide a.parcel of land into 13 lots in the vicinity of N 80`h Avenue and Scenic Drive (Parcel # 181317 - 33433) was received on January 6, 2010. On.January 14, 2010, PLSA (Rick Wehr) submitted additional copies of the proposed preliminary plat according to the requirements of the Subdivision application requirements. The City of Yakima Planning Division has determined as of January 29, 2010, that your application is complete for further processing. Continued processing of your request will include, but is not limited to, the following actions: 1. A Design Services Team (DST) meeting, regarding this proposal, was held on January 27, 2010. Upon receipt of comments from the DST members and other agencies notified, a Notice of Application will be prepared. 2. The Notice of Application is tentatively scheduled for mailing on February 12, 2010, to all property owners within 500 feet of your site. This notice will include a request for public comments during a 20-day comment period as required by the City of Yakima. 3. Following the comment period a SEPA Threshold determination will be issued after March 4, 2010, followed by a 14-day appeal period. If the SEPA determination is not appealed a staff report will be prepared by the Planning Division, which will include a recommendation to the Hearing Examiner as well any recommended conditions of approval. 4. An open record public hearing is tentatively scheduled before the City of Yakima's Hearing Examiner on April 8, 20010, who will issue a recommendation to the City Council. 5. Following the receipt of the Hearing Examiner's recommendations, a closed record public hearing will be scheduled for a City Council decision on your project. The SEPA process must be completed prior to the. hearing before the Hearing Examiner. Additional information may be required throughout the process. If you have any questions please contact me at (509) 576 -6693 or e-mail to aklein @ci.yakima.wa.us if you have any questions regarding this matter. Sincerely, Alice Klein Assistant Planner cc: Rick Wehr Garry Griggs DOC. Yakima -gym 1994 JBS PROPERTIES Plat of Scenic Estates ' PLP #001 -10, PD #001 -10, SEPA #001 -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT LIST CHAPTER H Public Comments DOC4g NOW s #7�` ., a5�t e� DOCUME °NTvr +"} f o J .V.f.; .$�"�T_, sz� 7.xr -n w�txi.,..��N"�%;tL.�,T. ate.. fi, �x�1a_ F�,.� _ki �Al,�.tr"`a'.Yvtti. ,. P wFS �". a"!R:F3 � S. ,t'� n .( �`.•� H -1 Comment letter received from Mike Wojnoski 03/03/2010 H -2 Comment letter received from Michael Dubrule 03/03/2010 1 I . I March 2, 2010 Mr. Bill Cook, CED Director City of Yakima Department of Community & Economic Development 129 N. 2nd Street Yakima,WA 98901 RE: Parcel #181317 -33433 File: PD #001 -10, PLP #001 -10, and SEPA #001 -10 Dear Mr. Cook: RECEIVED MAR 0 3 2010 CITY OF YAKIMA PLANNING DIV. I am asking that the planning department and the owners of this property keep the environment some what natural in its presentation. I do have a few concerns and /or suggestions: 1. View: Part of our value to our property is the 300 degree view that we presently have. My concern is the height of the roof lines - especially the lots that run along 80th -Ave. I think it is lot #13 directly in front of my home that could impact my view and property value. Is there a provision on roof line heights? Or could there be one put in place? 2. Environment /water run off: I am not sure when 801h Ave was paved. However, please note a stream of water from Scenic Drive drains down along the west side of 801h Ave. Crossing through a water service pipe that I presumed was done to enter in a natural ravine that is on the West side of this property. This habitat has numerous birds, rabbits and other wildlife which would be impacted. Perhaps - a suggestion in keeping a portion of this Westside parcel a natural park area? 3. Traffic: Currently the hill (80th Ave) that people drive up has had numerous ' - problems with speeding. There is also a blind spot in both directions. How will this impact the area in, regards to safety? Thank you for your time in this matter. Sincerely/, 1Cl1chael Dubrule ' 702 N. 80th Ave Yakima, WA 98908 ' DOC INDEX /Y/l k� Gva�o s k i 31ov2 //owoWD Ave. ' -- �a cc�S> 9a S �9T3osj 7la � _r'm PPPPPP�I___� r1?l5 P0a Pe- MTV ■ LA.) -- —9 pTlj G S � g0 ? N ST: *Wl D to 19 / k -- — To yA�' �rh�l; w�1. 4902 � M t1tr�H 2, 20 to ' - -- 7 -- 1_ log -_4:p coot -LAI-s'E Ph i ---- -___ -- MAR Q 3_2010 _ OF YAKIMA 'Ayyl 14 -- -- -- �a cc�S> 9a S �9T3osj 7la � _r'm PPPPPP�I___� r1?l5 P0a Pe- MTV ■ LA.) -- —9 pTlj G S � g0 ? N ST: *Wl D to 19 / k -- — To ■ i ---- -___ -- MAR Q 3_2010 _ OF YAKIMA - - - -- YV - -- -- PLANNING 01V. INDEX -- . # H -_ ■ ' JB S PROPERTIES "Plat of Scenic Estates" PLP #001 -10, PD #001 -10, SEPA #001 -10 EXHIBIT LIST CHAPTER I Supplemental Information 0 x t c 1 1i s MNV �h,si6 e h � 7 .,.3i, r �; m�'" ,. '`t � n nn s �¢,n I -1 Declaration of Covenants, Conditions, Restrictions, Easements, and Reservations I -2 Articles of Incorporation of Scenic Estates Homeowner's Association I -3 Bylaws of Scenic Estates Homeowner's Association I -4 Purchase and Sale Agreement I -5 Quit Claim Deed 1 -6 Title Report I -7 Draft —Development* Agreement 01/06/2010 0 1 1 L 1 t RECEWFO 1A N (P CITY OF YtiKim, PLANNINC DIV. DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND JBS PROPERTIES, I /.v4_, THIS DEVELOPMENT AGREEMENT ( "agreement ") is entered into between the City of Yakima, a Washington municipal corporation ( "City "), and JBS Properties, JOE, a����" Washington limited liability company ( "Developer "). WHEREAS, the City is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.7013.170- 36.7013.210, YMC 14.10.040(B) and YMC 14.10.090; and WHEREAS, Developer has obtained development rights for a single parcel of approximately 13 acres at the southeast corner of the intersection of Scenic Drive and North 80th Avenue, Yakima, Washington (the "property "). The property is legally described as follows: Lots 39 and 40 of YAKIMA ORCHARDS HIGHLAND COMPANY'S ORCHARD r TRACTS, as recorded In Volume `B" of Plats, page 31, records of Yakima County, Washington; EXCEPT the North 223 feet of the West 800 feet thereof, AND EXCEPT the North 248 feet of that portion thereof lying East of the West 800 feet of said Lots 39 and 40; AND EXCEPT the West 10 feet for road; TOGETHER WITH Lot 1 of Short Plat recorded under Auditor's File Number 7318823, records of Yakima County, Washington. 1 and incorporated herein; and WHEREAS, Developer is proposing a 13 lot subdivision and creation of a planned development with certain amenities for the property; and Development Agreement - 1 DOC• INDEX . -7 4k WHEREAS, Developer intends to take certain steps to comply with environme °Il � YAKIIAWA land use requirements related to development of the property; and °'� DIV. WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property Suburban Residential; and WHEREAS, the parties intend this agreement to guide the current and future uses of the property; now, therefore, IN CONSIDERATION OF mutual benefits, the parties agree as follows: 1. The proposed development. Developer's .proposal for the property is hereby acknowledged and warranted to be for the purpose of constructing a residential subdivision and planned development. Developer specifically acknowledges and warrants that the proposal for the property is construction of not more than 13 single - family detached homes on separate lots together with accompanying amenities. The Developer's preliminary plat/planned development application has been filed with the City. It has been reviewed and recommended for approval by the Yakima Urban Area Hearing Examiner to the Yakima City Council in the form of a Hearing Examiner's Recommendation dated on , 2010, and incorporated herein by this reference as if set forth in full. The said subdivision and planned development is referred to herein as the "proposed development." 2. Conditions of approval. Developer agrees to abide by the terms and conditions of approval recommended by the Hearing Examiner, including construction of all infrastructure described on the preliminary plat/planned development site plan map and incorporated herein by this reference as if set forth in full, including as the same may be revised to conform with conditions of approval set forth in the Hearing Examiner's Recommendation. Developer agrees that the use of the property pursuant to this agreement shall be consistent with the project description identified in the Washington State Environmental Policy Act Mitigated Determination of Nonsignificance issued by the City of Yakima on , 2010, and incorporated herein by this reference as if set forth in full (the "MDNS "). Developer agrees to abide by the mitigation and other requirements identified as a part of the MDNS. Developer agrees to abide by the conditions of such further or additional land use permits or other regulatory permits or approvals as may be identified in the MDNS, or as may otherwise be required by applicable federal, state, and local law including but not limited to the City's Title 12 and all other applicable development standards, all as the same currently exist or may be hereafter amended; provided, however, that the procedures and substantive rules of the City's Master Planned Development ordinances, as codified at Ch. 15.28. Yakima Municipal Code as it existed as of the date of this agreement and incorporated herein by this reference, shall guide and control all matters related to said ordinances and to the planned development aspect of the proposed development until this agreement terminates as provided elsewhere herein. Developer agrees to make future applications or submissions as may be necessary to fully implement any phased review of the Development Agreement - 2 0 0 J DOC. , INDEX r -� 1 1 1 1 Ll 1 proposed development and any specific project proposed therein. Developer agrees to abide by all such conditions as identified as a part of the Developer's Home Owner's Association and Common Area Maintenance Plan and the Declaration of Covenants, Conditions and Restrictions for the proposed development and incorporated herein by this reference as if set forth in full. 3. Appeals. In the event that any of the permits or approvals - associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval, are or may be appealed, then in that event the City's obligations under this agreement, and under the above - referenced development entitlements, shall be suspended, and may be terminated in whole or in part to the extent that the City reasonably believes necessary to maintain consistency between this agreement (and/or the above- referenced development entitlements) and the conclusion of any appellate .proceedings associated with the proposed development. Developer agrees not to appeal any of the previously required permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval. 4. Default/Notice. No party shall be in default under this agreement unless it has failed to perform as required for a period of 30 days after written notice of default to the other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. The party not in default under this agreement shall have all rights and remedies provided by law or equity, including without limitation, damages, specific performance or writs to compel performance or require action consistent with this agreement. 5. No third party beneficiary. This agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this agreement. 6. Third party legal challenge. In the event any legal action or special proceeding is commenced against the City by any person or entity other than a party to this agreement to challenge this agreement or any provision herein, including any of the permits, approvals, or entitlements associated with this agreement, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer. In such event, Developer shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to reasonable attorneys fees and expenses of litigation and damages awarded to the prevailing party or parties in such litigation. The Developer shall not settle any such tendered lawsuit without the consent of the City, which consent shall not be.unreasonably withheld. 7. Term. This agreement shall continue in force for a period of thirty -five (35) years unless extended or terminated as provided herein or when the property has been fully developed, whichever first occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole reasonable discretion of the City. Provided, however, that termination of this agreement shall not affect any of Developer's obligations to comply with the Yakima Urban Area. Comprehensive Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements approved with respect to the property or proposed development. RECEIVED DOC. �. `� ;� Development.Agreement - 3 'A'NI r . INDEX CITY OF YAKIwiit # _' -i PLANNING 01V. Termination of this. agreement shall not affect any of Developer's obligations herein which expressly or by implication are to continue after the termination of this agreement; notwithstanding the generality of the foregoing, the parties expressly agree and covenant that the ' streets within the proposed development shall be required to be private and shall never be accepted by the City of Yakima as public streets. 8. City's reservation of rights. The parties intend this agreement to be interpreted to the full g rP extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.7013.170. Provided, however, that this agreement shall be construed to exclude from the scope of this agreement and to reserve to the City the authority which is prohibited by law from being subject to the mutual agreement with consideration of parties acting under Ch. 36.7013 RCW. Without limitation, this shall include the right of the City ' to impose new or different conditions on the property to the extent required by a serious threat to public health and safety. 9. Developer's warranties and representations. Developer represents and warrants to City that Developer has a property interest in the property, and that the covenants and obligations of Developer in this agreement and in the permits, approvals, and entitlements associated with this agreement and the proposed development do not violate or constitute a default under or breach of any agreement between Developer and any third party by which Developer is bound. Developer represents and warrants to City that Developer is fully authorized to enter into and perform its obligations under this agreement. Developer represents and warrants to City that there is neither pending nor, to the knowledge of Developer, any threatened legal action, arbitration or administrative hearing before any governmental authority to which Developer is a party and r which could enjoin or restrict Developer's right or ability to perform its obligations under this agreement. 10. Modification of an approved master planned development overlay. Modifications to the adopted master development Ian and/or development agreement may be requested from time to time. L..��'_ Minor modifications will undergo Type /icalltions review as defined in YMC Chapter 15.1. The administrative official shall review modi to adopted master development plan and/or development agreement as a minor modification if it has been determined that: 1. The amendment does. not increase. the areas identified for any particular land use or r increase the residential density approved in the master plan; 2. The amendment does not increase the total area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses, 4. The amendment does not materially change parking or traffic circulation within the development; 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; t RECEIVED DOC. Development Agreement - 4 IAN 0 6 2010 INDEX CITY OF YAKIMA # PLANNING DIV. ' t 6. The amendment does not materially impact the overall design of the approved master plan; and 7. Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development ' and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. is. ' Major modifications will undergo Type (3) review as defined in M ,,Chapter 15.15 and shall be referred to the hearing examiner in accordance with YMC 15: . A "major modification" shall be any - modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. 11. Vesting: The master planned development review shall he vested to development regulations, standards, conditions, and laws applicable at the time the development agreement is recorded, inclusive of specific conditions and standards set forth in said Development Agreement. The vesting period shall be for the "Term" as stated in the development agreement and shall be agreed upon by the parties to the Development Agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the Development Agreement. Vesting of rights also include reservation of traffic capacity on public streets and roadways and capacity in public facilities such as sewer and water for a period of five (5) years. 12. Severability. If any provisions of this agreement are determined to be unenforceable or invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then the remainder of this agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. 13. A reement to be recorded. This agreement g g ement may be modified only by written agreement of the parties hereto. This agreement or a memorandum thereof shall be recorded against the property as a covenant with the land which touches and concerns the property and shall be binding upon the City and Developer, their heirs, successors and assigns, and all future owners of the property. Developer shall be responsible for the costs of recording. 14. Agreement approval. This agreement may only become effective upon execution by the City of Yakima following adoption of a resolution approving the same following a public hearing in compliance with Ch. 36.7013 RCW. 15. Entire agreement. This agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. F%ECEIVED JAN 0 6 2010 Development Agreement - 5 DOC. CITY OF YAKIMA INDEX PLANKING U1 V. AGREEMENT DATED this CITY OF YAKIMA i Richard A. Zais, Jr. City Manager ATTEST: day of Deborah lge City Clerk STATE OF WASHINGTON ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that Richard A. Zais, Jr., personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: .2010. Notary Residing at Commission expires: Development Agreement - 6 i t DOC. INDEX ?arc , 2010. CITY OF YAK1�;,�� PLAIVA%je . I) I% /wc. JBS Properties, LL-C, a Washington Uw,ted- I;�ili�'e6�r- By: .- ame: Title: I certify that I know or have satisfactory evidence that Richard A. Zais, Jr., personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: .2010. Notary Residing at Commission expires: Development Agreement - 6 i t DOC. INDEX 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RpCEI VE STATE OF WASHINGTON ) JAN. = 1G CITY OF Mmi'vi"I ss. ���RIIdIPdG Ulti�. County of Yakima ) !- I certify that I know or have satisfactory evidence that Ti9H /rrsonally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the {' yar er of JBS Properties, 4=1=G, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: .2010. Development Agreement - 7 Notary Public Residing at Commission expires: DOC. INDEX # .L N0. 75822 LIABILITY $200.00 FEE $200.00 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES Policy No. WA2001 -46- 75822- 2009.72030- 79598295 RECEIVES ,JAN 0 6.2010 CITY OF YAKIMA PLANNING DIV. Herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set .forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. . The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 12/29/09 CHICAGO TITLE INSURANCE COMPANY By , /1A Authorized Signature Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. WA2001 75822 Fidelity Title Company 117 North 4th.Street Yakima, WA 98901 Reorder Form No. 2626 (Reprinted 10/00) CHICAGO TITLF.INSURANCE COMPANY Bp: President ATTEST' Secretary DOC. INDEX # —Co CLTA Guarantee Face Page (Rev. 6 -8 -71) , 1 f 1 1 1 1 1 1 .1 SUBDIVISION GUARANTEE SCHEDULE A RECEIVED .JAN 0 6 20101 CITY OF YAKIMii PLANNING DIV. Rate Code State City Property Type None 48 077 10 Office File Number Policy Number Date of Policy Amount of Insurance Premium 00075822. 72030 79598295 December 29, 2009 at $200.00 $200.00 8:00 a.m. Name of Assured: PLSA The assurances referred to on the face page are: That, according to those public.records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property: See Exhibit A attached hereto and made a part hereof. Title to said real property is vested in: THE RABBIT PATCH, LLC, a Washington Limited Liability Company Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records or any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. ADDITIONAL EXCEPTIONS: 1. . Charges or assessments which may be due the Yakima - Tieton Irrigation District for construction, and /or operation and maintenance. Subdivision Guarantee Page 1 DOC. INDEX # Z -Lo SCHEDULE A (Continued) File Number: 00075822 Policy Number: 72030 79598295 2. Obligation to pay future annual assessments by reason of inclusion within the boundaries of Soil Conservation District Number 2, Weed District Number 1, Horticulture Pest & Disease Control District and Yakima - Tieton Irrigation District, which sums are not now due or payable. 3. Easement and rights of way over the lands herein described as may be necessary for canals, tunnels, or other conduits and for telephone and transmission lines, required in connection with the irrigation works constructed, disclosed by deeds or water contracts appearing in the record executed in favor of: Yakima- Tieton Irrigation District. 4. 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 October 3, 195 1, in Volume 503 of Deeds, under Auditor's File Number 1381410. 5.. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for underground communication lines, in favor of Pacific Northwest Bell Telephone Company, as recorded June 21, 1974, in Volume 922 of Official Records, under Auditor's File Number 2356631. Said easement affects a portion of said Premises. NOTE: 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: 181317 -33433 NOTE: The designated Levy Code is 584 2. .Real property taxes for the year 2009 in the original amount of $5,875.56, which have been paid. 3. Assessment levied by Soil Conservation District Number 2 for the year 2009 in the original amount of $6.46, which has been paid. 4. Assessment levied by Weed District Number l for the year 2009 in the original amount of $5.25, which has been paid. . 5. Assessment levied by Horticulture Pest & Disease Control District for the year 2009 in the original amount of $1.00, which has been paid. 6. The abbreviated legal description will read as follows: Lots 39 and 40, PLAT OF YAKIMA ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS W JAS! P 66 !(M; CITY OF YAKiit'irt PLANNING UIV. Subdivision Guarantee Page 2 DOC. , INDEX i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SCHEDULE A (Continued) File Number: 00075822 FIDELITY TITLE COMPANY agent for CHICAGO TITLE INSURANCE COMPANY Countersigned Karen Allen, Au&r'iZed Signatory Oj/12 -30 -09 Subdivision Guarantee Policy Number: 72030 79598295 JA IV ciry ©F �. �'� ° iNNlAJ(3 I) V I r, DOG. INDEX Page 3 RECEIVED 1 .!AN . 6 2f Policy , F ile Number: 00075822 � - � � Y Number: 72030 79598295 CITY OF YAKIMA PLAMNS MV Exhibit A Lots 39 and 40, PLAT OF YAKIMA ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS, as recorded in Volume "B" of Plats, Page 31, records of Yakima County, Washington; .EXCEPT the North 223 feet of the West 1.1.90 feet thereof; AND EXCEPT the West 10 feet of said Lot 40 for road; AND Lot 1 of Short Plat recorded under Auditor's File Number 7318823, records of Yakima County, Washington. Situated in Yakima County, , State of Washington. L Doc. INDEX # - (o {F4r, 1G`i'i 1!4 %,91JAd 5Ys P.ilyl i rNrtt ${ t 1 1 32409 - . 17 31418 � ti•t;�,� `0. /0 0.71 314' 2.12 I E!� 2 405 !(" 2 3 32404 2 2 3.04 _83 -122 32408 114A 943 }An! �c 2010 3.26 „'; " . 31416 — _ ,,.,E: 3;Z JO ;1 'i z.o7 CIT Y OF YAKIWal 32406 41 314, PLANNNn I)IV, 3 2.55, iibs 1.2( 1 3 !� 1 83 -122 83 -122 83 -125 83 -125 r(yj - 6 3b2 7 3?j) 9 91 -3 32425 r? — 5.20 32426 3 4 .04 1 ,�� 3�4oa 83 -122 32431 ;��° I 2.15 2 1.45 j 1 324 0 21 I — 83 -124 — -- 7103417 31 -'.!i� 82 -231 2 — - 32430 2,02 32423 3?��7�7 32428 32429 fir; 2.09 }a; °,a 1.56 1.47 c: }u, 31410 ,:. Pt =1 ''R �I(.yg � 3.85 2 3 4 2 7103417 t � 63-123 83123 83123 83124 41 hjl 3 1 o t+ ', { r': a,t,1 + �M1 , 1 S r S i dA{ 1 N fl ri t t }, B j Yr 82-231 w { {f I} C P 5�8111CI ©I! rig:A d' , }' } "'�p I� + \� ��,..�C:. I 4_,.J ^(�r.i7.W,;i.t i,Jri_�,ri..•i,,.Ei n,�.�.J,�,p(S, j,,.il� H..1.�',.�,,.,,.ur }. �'... �v.'.i.1.. ',2 M-0., 1. .- W 1. 33443 3x43; 33435 33442 330$41 1.00 1.00 I 1.00 1 n. 2 3 I J nq I>i 73 1881T 16823 7318823 17318823 TRACT "A" saa3s — -- 34430 4 4.03 t 40 39 �- 38 34440 g 20 33433 13.78 4441 W 21 3444; YAKIMA ORCHA D HIGHLAND CO'SI ORCHARD TRA 87 a7 I �S' b BI /� 344.E 5 3��14 3a2 31 56 - N o N o .N� o R 0.9� 1 32 80 7 3 c�*3 1 2 co 3 cco 4 3 2 95- 1189r�,r 5 3D.893/ ICD �� -- I / �4 s 6 t 41 0 rn 42 r— 1 33408 z „l � a N o dN- 0 N° N to r� � 2 33418 s5 -i i + !j m o � o M ° 64— — 3440' 0.24 L_ 1.fl3 10 9 8 7 3341 r" t � 34422 ' �B�a, ° � 3 4r�9 0.55 'i' 33411 3� 13 3.3JJ2 1.83 sr PI-3 4 1 1 13 1 34410 0 52 87 87 s5 1 3 2 95 -68 ua r - r 3 Nisi��f �hr`13S }_ Ctg.EWQO T) 46/�ri�.:., "i,! t.�:, �ywifl .< rtY'�^.In. J'1 i,r ., I�u ,r 1i. C _r' ,.d•A!.� a t ad f �:1':�t -., lid( •fi . � !a � .;I. ,•. + DOC. INDEX # T— (� 4n 64O �: 0 4« 3 0 �9 i ¢.0 D 0 K'. 4.2 i .. 1 CITY OF YAKIfvitE PLANNING UIV. DOC. INDEX # Z -to I � 1 I --- - 1 i 1 ' i tN Alp 1 1 1 3 I I N B9. 56' 24' W ° Southwest Corner Section 17 -13 -18 Case mom found / See LCR 2M -295 IRRIGATTON DISTRICT CERTIFICATION AND APPROY THEFROPMTYDESCRIBEDHEREONISLOCATEDWHOLLYOR INPARTWrraN HEBOUNDARIESOFTHEYAKIMA- TIEI.ON IRRIGATION DISTRICT. I HEREBY CERTIFY THAT THE IRRIGATION EASEMENTS AND R1GNfS OF WAY SHOWN HEREON ARE ADEQUATE TO SERVE ALL LOTS LOCATED WTTHIN THIS SHORT PLAT WHICH ARE OTHERWISE ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULE'S AND REGULATIONS OF THE DISTRICT I ALSO CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS OF WAY ARE ADEQUATE TO ADJACENT LAND ENTMM TO IRRIGATION IRRIGATION ATER UNDER THE OPERATING RULES AND REGULATIONS ONNOTHER THE DISTRICT.1 FURTHER CERTIFY THAT: _ THIS SHORT FLAT CONTAINS Co&gLHTr:D IRRIGATION DISTRIBUTION FACILITIES IN ACCORDANCE WITH THIS DISTRICTS STANDARDS. PROVISIONS ACCEPTABLE TO THIS DISTRICT HAVE BEEN MADE BY COVENANT R AGREEMENT FOR COMPLETED IRRIGATION DISTRIBUTION FACILITIES TO ALL LOTS: SAID AGREEMENT IS FILLED SUPPLEMENTAL TO THIS PLAT, OR THE ERGSTING IRRIGATION DISTRIBUTION FACILITY IS ADEQUATE TO MtBIt THIS REQUIRIT.4TiT, OR - LOT(S)j IVARE. IN WHOLE OR IN PART, NOT CURRENTLY CLASSR'IEU AS" IRRIGABLE LAND" BY THI S DISTRICT AUDTOR ARE NOT CURRENTLY ENTITLED TO IRRIGATION WAm RIGHT S UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT. � LN IRRIGATION DISTRICT I ALSO CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMOEN TS COLLECTABLE BY THIS OFFICE ARE DUE AND OW7G ON THE PROPERTY DESCRIBED HEREON HAVE BEEN PAID THROUGH C1 Mme,? UREA YAI' (A -T ION GATION DISTRICT AUDITOR'S CERTIFICATE r FILED FOR RECORD THIS DAY OF UNDER AUDITOR'S FILE NUMBER REC RDS OF YAKIMA , WASI�IGTON. CORKY MATTINGLY, COUNTY AUDITOR COU AUDITOR BY D NTY LOT J 1.00 Acres 197.DO JAN 2010 CITY OF YAKijW-fj PLAMJII !(; VIV. STATTG11�N1� THE OWNERS) SHOWN HEREON, T TO RETAIN ALL SURFACE WATER NOT BE ALTERED OR IMPEDED. YAKIMA COUNIYHAS IN PLACE A3 LOTS WITHIN THIS PLAT ARE ISSU AN APPROVED BUILDING PERKT. rRICA STJIMS Cr.TrTTrICATL 1 HEREBY CERTIFY THAT ALL CHA THAT ARE DUE AND OWING ONTH PAID. n DATED THIS BY �• Vt1Ld� THIS MAP CORRECTLY REPRE SM DIRECTION IN CONFMMANCE A RECORDING ACT OF 1973., NOTES 1, a DENOTE'B K' 7eI WITH CAP, !TA Z. X DS7VTBY W9XRM WAIL WTTI 3, • Dl; 400 /URvEY IM AUNT 4, _.. --DEN" IMCIL 7. FERFORy1FDWTMTOI'CON311C•CARS 6. u0NUW24 T VISITATION DATE IS THE: DOC. INDEX # -- Lot 2 at 1.00 Acres a m 30' I .00 Acres c ° O K N — O 15' Z Z — 30' 6K1°iT�U4 �' ID' UN7llr •as.m.nl I, In r,"', d 197.00 199.00 OD 3 I I N B9. 56' 24' W ° Southwest Corner Section 17 -13 -18 Case mom found / See LCR 2M -295 IRRIGATTON DISTRICT CERTIFICATION AND APPROY THEFROPMTYDESCRIBEDHEREONISLOCATEDWHOLLYOR INPARTWrraN HEBOUNDARIESOFTHEYAKIMA- TIEI.ON IRRIGATION DISTRICT. I HEREBY CERTIFY THAT THE IRRIGATION EASEMENTS AND R1GNfS OF WAY SHOWN HEREON ARE ADEQUATE TO SERVE ALL LOTS LOCATED WTTHIN THIS SHORT PLAT WHICH ARE OTHERWISE ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULE'S AND REGULATIONS OF THE DISTRICT I ALSO CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS OF WAY ARE ADEQUATE TO ADJACENT LAND ENTMM TO IRRIGATION IRRIGATION ATER UNDER THE OPERATING RULES AND REGULATIONS ONNOTHER THE DISTRICT.1 FURTHER CERTIFY THAT: _ THIS SHORT FLAT CONTAINS Co&gLHTr:D IRRIGATION DISTRIBUTION FACILITIES IN ACCORDANCE WITH THIS DISTRICTS STANDARDS. PROVISIONS ACCEPTABLE TO THIS DISTRICT HAVE BEEN MADE BY COVENANT R AGREEMENT FOR COMPLETED IRRIGATION DISTRIBUTION FACILITIES TO ALL LOTS: SAID AGREEMENT IS FILLED SUPPLEMENTAL TO THIS PLAT, OR THE ERGSTING IRRIGATION DISTRIBUTION FACILITY IS ADEQUATE TO MtBIt THIS REQUIRIT.4TiT, OR - LOT(S)j IVARE. IN WHOLE OR IN PART, NOT CURRENTLY CLASSR'IEU AS" IRRIGABLE LAND" BY THI S DISTRICT AUDTOR ARE NOT CURRENTLY ENTITLED TO IRRIGATION WAm RIGHT S UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT. � LN IRRIGATION DISTRICT I ALSO CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMOEN TS COLLECTABLE BY THIS OFFICE ARE DUE AND OW7G ON THE PROPERTY DESCRIBED HEREON HAVE BEEN PAID THROUGH C1 Mme,? UREA YAI' (A -T ION GATION DISTRICT AUDITOR'S CERTIFICATE r FILED FOR RECORD THIS DAY OF UNDER AUDITOR'S FILE NUMBER REC RDS OF YAKIMA , WASI�IGTON. CORKY MATTINGLY, COUNTY AUDITOR COU AUDITOR BY D NTY LOT J 1.00 Acres 197.DO JAN 2010 CITY OF YAKijW-fj PLAMJII !(; VIV. STATTG11�N1� THE OWNERS) SHOWN HEREON, T TO RETAIN ALL SURFACE WATER NOT BE ALTERED OR IMPEDED. YAKIMA COUNIYHAS IN PLACE A3 LOTS WITHIN THIS PLAT ARE ISSU AN APPROVED BUILDING PERKT. rRICA STJIMS Cr.TrTTrICATL 1 HEREBY CERTIFY THAT ALL CHA THAT ARE DUE AND OWING ONTH PAID. n DATED THIS BY �• Vt1Ld� THIS MAP CORRECTLY REPRE SM DIRECTION IN CONFMMANCE A RECORDING ACT OF 1973., NOTES 1, a DENOTE'B K' 7eI WITH CAP, !TA Z. X DS7VTBY W9XRM WAIL WTTI 3, • Dl; 400 /URvEY IM AUNT 4, _.. --DEN" IMCIL 7. FERFORy1FDWTMTOI'CON311C•CARS 6. u0NUW24 T VISITATION DATE IS THE: DOC. INDEX # -- � Lot ti 1.00 Acres 0 o - � N N o _ - = o M O�J J 197.00 B20.00 N 0 N 3 0 M O � 2 rHEIR GRANTEES AND O£NATED WITHIN THEIFLATON•S STN 'R�`LDRAWAGEWAYSM[ ER. UED BY THE YAKIMA COUNTY PUBLIC WORKS DEPARTMENT NCTMENT UPON ISSUANCE OF r. ARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE HEPROFERTY DESCRIBED HEREON ON DATE OF THIS CERTIFICATION NAVE BEEN DAY Of •a � f Q� S - OFFICE OF YAKIMA COUNTY TREASURER INTi' DIRECTOR OF PUBLIC WORKS DATEr6 /Zoo; SUBDIvisioN ADMWL4IRATOR DATE ��•d!•!3 INTS A SURVEY MADE BY ME 9rrH THE REQUIREMENTS OF THE SURVEY (SCALE TN FIM o 15 30 60 120 AWW IA 1&294 -SET. n[WAB}g.RBFAMPEDLS14814, N07FD, r FuUND AND A=F= VNLE" "FENCE LDIEF- MRATFDCHAIN.AIM STANDARD FELD TRAVERSE :SAME AS DATE OF SVRVEY. TIN'-TM OTHER WM NarFD. rs RECEIVED JAN 0 6 20 p ANM lG 011 ' rvr Al n�R.rofP'I'ION - THE NORTH 223 FEET OF THE WEST 800 FEET OF LOTS 39 AND 40. YAKIMA ORCHARD HIGHLAND COMPANY S ORCHARD TRACTS, ACCORDING TO THE OFFICIALPLAT THEREOF. RECORDED IN VOLUME B- OF PLATS, PAGE 31. RECORDS OF YAKIMA COUNTY, W ASMGTON. LXCQT THE WEST IO FPi'r FOR ROAD, AND YXCrrr THAT PORTION OF SAID LOT 40 DEEDED TO YAKIMA COUNTY FOR ROAD BY DEED RECORDED APRIL- 1, 1987, UNDER AUDITOR'S FILE NUMBER 2794437. DBTFICA OBE Ta OF C1ADK9 KNOW ALL MEN By THESE PRESENTS THAT THE HEIRS AND DEVISEES OF MURffi. VANDERHOUWEN ARE ALL PARTIES HAVING OWNERSHIP INTEREST IN THE LAND HEREON DESCRIBED, HAVE WITH THEIR. OWN FREE CONSENT AND IN ACCORDANCE WITH THEIR DESUMS CAUSED THE SAME TO BE SURVEYED AND SHORTPLATIED AS SFB7WN HEREON, DO HEREBY DEDICATE THE RIGHTS-OF-WAY SHOWN HBABON AS PUBLIC DEDICATION To THE USE OF THE PUBLIC, DO HEREBY WAIVE ONBHHAIF OF THEMSELVES AND THEIRSUCCESSORSIN DIIERPST ALL CLAIMS FOR DAMAGES AGAINST YAKIMA COUNTY AND ANY OTHER GOVERNME1TTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION. DRAINAGE AND MAINTENANCE OF SAID DEDICATED RIGHTS-OF-WAY, AND DO HEREBY GRANT AND RESERVE THE EASEMENTS AS SHOWN HEREON pOR T1iE j)SES INDICATED HEREON. t,[�7U �1- 0 s KARENLENAWHITE l/! DATE I Fm M-THO-ap DATE ACIOTOWEARGMINT STATE QF WASHINGTON COUNTY OF YAKIMA. )ac BEFORE ME, ON THE ABOVE DATE(S) REFERENCED, PERSONALLY APPEARED KAREN LENA WHITE AND KRISTIN MARIE THORP, TO ME KNOWN TO BE THE PERSONS DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME TfMT THEY SIGNED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED FOR TM PURPOSES AND USES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO SIGN SAID INSTRUMENT. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICLIL SEAL �� NOTARY PUBLIC IN AND FOR TfIE STATE 1^ 9� RESIDING AT F ' l'r -''�17 - 33 M3! '$r-v7 -33MOs YAKIMA COUNTY PARENT PARCEL NUMBER 181317 -M02 BELL & UPTON LAND SURVEYING 315 ?40RTFI 3RD 9TRlZr, YAJU" WA "901 Pb-45T-71556 SHORT PLAT PREPARED FOR VANDER HOWEN ESTATE CIO HORDAN PLANNING SERVICES 410 NORTH SECOND STREET, YAKIMA, WA 98901 IN THE SW %4, SW %, SECTION 17 -13 -18 OdobEr 9, 2002 Job No. 02121 1 t ooc: ' INDEX r 1 QUIT CLAIM DEED CC "` E=,C :)SF TAX DATE MAY In 3, ZO — PAID BYi ItitiC �'{ Va,f_my Cour:y 7'r� ure_;'s Jtt c� THE GRANTORS, GARRY L. GRIGGS and VERA R. GRIGGS, husband and wife, for and in consideration of transfer to a wholly owned company, conveys and quit claims to THE RABBIT PATCH, LLC, a Washington Limited Liability Company, the following described real estate, situated in the County of Yakima, State of Washington, together with all after acquired title of the grantors therein: Lots 39 and 40, PLAT. OF YAKIMA ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS, as recorded in Volume B of Plats, Page 31, records of Yakima County, Washington, EXCEPT the North 223 feet of the West 1190 feet thereof,' and EXCEPT the West 10 feet of said Lot 40 for road, AND Lot 1 of Short Plat recorded under Auditor's File No. 7318823, records of Yakima County, Washington. ASSESSOR'S PARCEL NO. 181317 -33433 TOGETHER WITH all water rights and appurtenances including after acquired title, if any, thereunto belonging. SUBJECT TO future assessments by reason of the inclusion of said _premises within the boundaries of Yakima Tieton Irrigation District,. Soil Conservation District Number 2, Weed District Number 1, and all other assessment districts, companies and entities. Law Offices When recorded, please return to: BRYAN P. MYRE LYON WEIGAfND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street Lyon Weigand & Gustafson PS P.O. Box 1689 P.O. Box i Yakima WA 98907 QUIT CLAIM DEED CC "` E=,C :)SF TAX DATE MAY In 3, ZO — PAID BYi ItitiC �'{ Va,f_my Cour:y 7'r� ure_;'s Jtt c� THE GRANTORS, GARRY L. GRIGGS and VERA R. GRIGGS, husband and wife, for and in consideration of transfer to a wholly owned company, conveys and quit claims to THE RABBIT PATCH, LLC, a Washington Limited Liability Company, the following described real estate, situated in the County of Yakima, State of Washington, together with all after acquired title of the grantors therein: Lots 39 and 40, PLAT. OF YAKIMA ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS, as recorded in Volume B of Plats, Page 31, records of Yakima County, Washington, EXCEPT the North 223 feet of the West 1190 feet thereof,' and EXCEPT the West 10 feet of said Lot 40 for road, AND Lot 1 of Short Plat recorded under Auditor's File No. 7318823, records of Yakima County, Washington. ASSESSOR'S PARCEL NO. 181317 -33433 TOGETHER WITH all water rights and appurtenances including after acquired title, if any, thereunto belonging. SUBJECT TO future assessments by reason of the inclusion of said _premises within the boundaries of Yakima Tieton Irrigation District,. Soil Conservation District Number 2, Weed District Number 1, and all other assessment districts, companies and entities. Law Offices QUIT CLAIM DEED - 1 9345 -0T6Vv \rabbit fieidlgenerallquil claim deed LYON WEIGAfND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box i ton Yakima, Washinginn 98901 Telephone (509) 248 -7220 RECE80 E 5N Fax (569) 5 75 -1893 I P S ?O ".li 7506235 I JAN Page 1 of 3 W I 05/03/2006 CITY �" LYON LRW OFFICE D V4.89 Yakima a, 9R:46P �Q vx iU�fliY Ji" SUBJECT TO charges or assessments which may be due the Yakima - Tieton Irrigation District for construction, and /or operation and maintenance. SUBJECT .TO easement and rights of way over the lands herein described as.may be necessary for canals, tunnels, or other conduits and for telephone and transmission lines, required ' in connection with the irrigation works constructed, disclosed by deeds or water contracts appearing in the record executed in favor of Yakima Tieton Irrigation District. SUBJECT TO 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 October 3, 1951, in Volume 503 of Deeds, under Auditor's File No. 1381410. SUBJECT TO an easement affecting a portion of said premises for. purposes stated herein and incidental purposes, for underground communication lines, in favor of Pacific Northwest Bell Telephone Company, as recorded June 21, 1974, in Volume 922 of Official Records, under Auditor's File No. 2356631. SUBJECT TO all pending and future litigation adjudicating. and determining ground and surface waters in any water drainage basin of which the property is a part. SUBJECT TO rights reserved in federal patents, state or railroad deeds; building or use restrictions general to the area; zoning regulations; all rights of way, easements, reservations, restrictions, agreements, covenants and conditions appearing in the record of title or apparent on inspection of said premises and/or plat. DATED this day of April, 2006. QUIT CLAIM DEED - 2 Law Offices 9345- 03�skwlrabbit fieldt enerall uit claim deed 9� 9 LYON wEiGANO 3 GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.G. Boy, 1689 Yakima, Ydashington 98907 RECEIVED Telephone (509) 248F3 Fax (509) 575 -1 Hft3 AN 0 6 70111 7506235 x CITY OF yAK0,, I IiIII 1111� 111111111111111111 I�Iil III 111�1 11111111 p5Mg21SIas 02:46P tot/ PLANNING 911' LYON LRW.OFFICE D $34.00 Yakima Co, WA 0 � F� VERA R. GRIGGS iJ STATE OF WASHINGTON ) ss. County of Yakima ) On this day personally appeared before me GARRY L. GRIGGS and VERA R. GRIGGS, to me known to be the individuals who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this n day of t-�\ 2006. N� H A K ' �, ���5 5 i p h: F,t- ry9 �C�A T lam+-^ �y�— � • 1. /l!�.� -e.� l� (Print Name) NOTARY Notary Public in and for the State of PUBLIC Washington, residing in N(j k i mcA 4 = My Commission expires I Fps �T t �1� !� S 1 r QUIT CLAIM DEED - 3 Law Offices 9345- 03lskwVabbit fielftenerallquit claim deed LYON VVEIGAND F GUSTAFSON PS . Lyon Law Offices - 22_ North Tltird Street RECEIVED P.O. Box Yakima, Waslting(un ylon 98907 I Telephone (5091248-7220 Fax (509) 55 -1833 JAN 0 6 CITY OF YA ioi.. 7506235 �,j U1 / y PLANNING DIV Page: 3 of 3 00 ' LYON LRW OFFICE Co, WR > Z D $34,99 Yakima Co, 4 aftECEIVE® PURCHASE AND SALE AGREEMENT JAN Q 6 201(i CITY OF YAKIMFI PLANNIPJG DIV, This PURCHASE AND SALE. AGREEMENT ( "Agreement ") is made effective as of the _ day of December, 2009, by and between THE RABBIT PATCH, L.L.C., a Washington limited liability company ( "Seller "), and JBS PROPERTIES, INC., a Washington corporation( °Buyer"). RECITALS This Agreement is made with reference to the following facts and objectives: A. Seffer is the owner of certain real property located in Yakima, Washington, legally described in Exhibit A attached hereto. B. Seller is willing to sell the above - referenced real property to Buyer, together with all privileges, rights, easements, hereditamenfs, and appurtenances thereunto belonging; all right, title and interest of Seller in and to any streets, alleys, ramps, passages, abutter's rights and other rights -of -way included therein or adjacent thereto; all water, mineral acid other subsurface rights owned by Seller; and improvements including all buildings, and related facilities (the "Property"), and Buyer is willing to buy the Property from Seller under the terms and conditions set forth in this Agreement. AGREEMENT NOW THEREFORE, for good *and valuable consideration, the receipt and adequacy of which being hereby acknowledged, and in consideration of the mutual promises set forth in this Agreement, the Parties agree as follows: 1. Definitions and Interpretation. 1.1. As used in this Agreement: 1.1.1. Additional Deposit(s)" has the meaning set forth in Subsection "Additional Deposits ". .1.1.2. "Additional, Evaiu9tion Period" has the meaning set forth in Subsection "Extension of Evaluation Period "_ 1.1.3. " Agreemert" means this Purchase and Sale Agreement between Buyer and Seller. PURCHASE AND SALE AGREEMENT - 1 9345.031bpmldh\griggs gar rabbit patchljbs propertieslpurchase and sale agreement Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98807 Telephone (509) 248 -7220 Fax (509) 575 -9883 I 0 to O Z �' ' 1.1.4. "Brokers' Commission" has the meaning set forth in Section "Brokers ". . 1. ' 1.1.5. "Buyer" has the meaning set forth in the introductory paragraph a bove. 1.1.6. "Buyer's Title Notice" has the meaning set forth in Subsection '! "Title Report ". 1.1.7. "Buyer's Termination Event" has the meaning set forth in Subsection "Termination by Buyer ". . 1.1.8. "Closing" means the consummation of the conveyance of the Property to Buyer and the payment of the Purchase Price to Seller as provided in this Agreement. ' 1.1.9. "Closing Date" has the meaning set forth, in Section "Closing ". 1.1.10. "Deed" has the meaning set forth in Subsection "Deed ". 1.1.11. "Deposit" has the meaning set forth in Subsection "Initial Deposit' read in conjunction with. Subsections "Additional Deposits" and "Investment of Deposit, Etc." 1.1.12. "Disapproved Items" has the meaning set forth in Subsection "Title Report". 1.1.13. "Escrow Agent" has the meaning set forth in Subsection "Initial Deposit ". 1.1.14. "Evaluation Period" has the meaning set forth in Subsection "Evaluation Period" read in conjunction with Subsection "Extension of Evaluation Period ". 1.1.15. "Execution Date" has the meaning set forth in Subsection "Initial 1 Deposit ". , 1.1.16. "Good Funds" means a wire transfer of funds, an official check drawn or issued by a national banking association, or cash. . 1.1.17. "Information" has the meaning set forth in Subsection "Evaluation Period" (a)(iii). ' .1.1.18. " Initial Deposit" has the meaning set forth in Subsection "Initial Deposit ". PURCHASE AND SALE AGREEMENT - 2 Law Offices 9345.03 \bpm \dhkgriggs garlrabbit patch \jbs properties \purchase and sale LYON WEIGAND 8 GUSTAFSON PS aareement RECEIVED Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (508) 248 -7220 JAN Q 6 210 0Fax JAN h f� (509)5/51883 DOE. CITY OF YAKIMA INDEX PLANNING DIV. # — `f 1.1.19. "Notices" has the meaning set forth in Subsection "Notices ". 1.1.20. "Party" means either Seller or Buyer. "Parties" means Seller and Buyer. 1.1.21. "Purchase Price ", has the meaning set forth in Subsection "Purchase Price ". 1.1.22. "Proper .ty" has the meaning set forth in Recital B above. 1.1.23. " Seller" has the meaning set forth in the introductory paragraph i above. 1.1.24. "Seller's Monetary Liens" means any mortgages or deeds of trust or similar instruments recorded against the Property, mechanics liens recorded against the Property (except for such liens caused or permitted by Buyer) and liens for real property taxes and assessments which would be delinquent on the Closing bate. 1.1.25. "Title Company" has the meaning set forth in Subsection "Quality of Title ". 1.1.25. "Title `ContingencyDate" has the meaning set forth in Subsection "Title Report". 1.1.27. "Title Report" has the meaning set forth in Subsection "Title Report ". 1.2. Generally, unless particular terms of this Agreement state otherwise, or unless the context indicates otherwise,. words and phrases used in this Agreement will be interpreted and construed as follows: t, 1.2.1. Words in the present tense include the future and vice - versa. Words and phrases used as nouns include the singular and plural forms. 1.2.2. Words and phrases that are defined in this Agreement and references to particular Sections and Subsections of this Agreement will be capitalized. 1.2.3. "Shall," "will," and "must" signify mandatory obligations. "May" signifies a discretionary or permissive act., • 1.2.4. The phrase. Nwithout limitation" will be deemed to follow the words "include," "includes,'. and 'including", when referring to a list, class, or group of persons, entities, things, conditions, acts, omissions, events, rights, remedies, or liabilities. PURCHASE AND SALE AGREEMENT -•3 9345.03 \bpmldh \griggs garVabbit patch) lns•propertieslpurchase and sale agreement RECEIVED ' JAN 0.6 2010 CITY OF YAKIMik . PLANNING DIV. Law Offices LYON WEIGAND 8 GUSTAFSON PS Lyon Lang Offices - 272 North Third Streel P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 DOC. INDEX 1 1 r 1 1 1 0 1.2.5. The phrase "to the knowledge of" or any variation of that phrase will refer to matters within the actual knowledge of a Party after reasonable investigation. 1.2.6. The captions and headings of the articles, sections and subsections of this Agreement are for convenience and reference only, and shall not be deemed to define or limit the provisions thereof. 1.3. Exhibits attached to this Agreement, amendments made pursuant to Subsection "Amendments" below, and documents incorporated by reference are integral parts of this Agreement and references to this Agreement will be deemed to include such documents. 2. Sale of Property". ..Seller, agrees to sell, and Buyer agrees_to purchase, pursuant to the provisions of this, Agreement, all of Seller's right, title, and interest in and to the Property. 3. Purchase Price. 3.1. Purchase Price. The purchase price for the Property shall be SIX HUNDRED FORTY -FOUR THOUSDAND ONE HUNDRED FIFTY -EIGHT AND 001100 DOLLARS (US$644,158.00) (the "Purchase Price "). 3.2. Deposit. Buyer shall make the following Deposit which shall be applicable to the Purchase Price: 3.2.1. Initial- Deposit. Within five (5) business days after the day on which the latter of the two (2) Parties executes this Agreement (the "Execution Date "), Buyer shall deposit into escrow with Fidelity Title Company (the "Escrow Agent ") the sum of Fifty Thousand and 001100Dollars (US $50,000) (together with all interest earned thereon, the "Initial Deposit"). 3.2.2. Additional. Deposit. In consideration of Buyer's initial Deposit, the Evaluation Period, as hereinafter deflrted, shall last from the date of full execution of thie Agreement for a perio� of .six (6) months thereafter. In the event Buyer elects to extend the Evaluation Period pursuant to Subsection "Extension of Evaluation Period ", then, in that event, on or before the expiration of six (6) months, Buyer shall pay to Escrow Agent an additional Fifty Thousand and 00/100 Dollars ($50,000.00). This shall aJloiv for the extension of the Evaluation Period for an additional period of eighteen (18) months. The Additional Deposit described in this section shall be nonrefundable and be the sole property of the Seller upon the payment by Buyer, except as otherwise provided herein. 3.2.3. Investment-of Deposit, Etc. The Initial Deposit and all interest earned thereon shaJJ be collectively referrer) to in this Agreement as the "Deposit." PURCHASE AND SALE AGREEMENT - 4 9345.03 \bpm \dh \ghggs garVabbit patch \jbspmperties \purchase and sale agreement 9ECEIVED AN 0 6 201b CITY OF YAKIMti , PLANNING DIV. Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Strael P.O. Box 1689 Yoklma, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 DOC. INDEX n �I Buyer shall pay the Deposit by cashiers br official bank check or a wire transfer of funds O for immediate credit. The. Deposit shall be held by the Escrow Agent in an interest - bearing account at a bank, savings and loan association or other financial institution mutually acceptable to the Parties. Interest shall be retained in the account and will accrue for the benefit of and be credited . to the Party entitled to receive . (or have credited) the Deposit at Closing or upon termination of this Agreement pursuant to its terms. 3.3. Payment of Purchase. Price. The Purchase Price shalt be paid as follows: 3.3.1. Deposit. The Initial'Deposit and Additional Deposit, if any, shall be applied as a credit against the Purchase Price. 3.3.2. Additional Payment. On the Closing Date, Buyer shall deposit with the Escrow Agent in Good Funds the balance of the Purchase Price, and such other amounts as are set forth in the closing statement prepared by the Escrow Agent and reasonably approved by Buyer. 4. Title to the Property, 4.1. Quality of Title, -Title Ito the Property shall be good and marketable and shall be free and clearof all liens, restrictions, easements, and other encumbrances and title objections, except for the exceptions to title as determined in accordance with Subsection "Title Report ". Title shall be insured by an ALTA Standard Coverage Owner's Policy of Title Insurance issued by Fidelity Title Company (the "Title Company ") in the full amount of the Purchase Price insuring fee simple title to the Property in Buyer, subject only to the exceptions determined in accordance with Subsection "Title Report ". Buyer shall have the right to require an Extended Coverage Owner's Policy of Title Insurance and endorsements to the Title Policy. If Buyer elects to require an Extended Coverage Owner's Policy of Title Insurance and/or endorsements to the Title Policy, Buyer shall pay for the :increased: a'mount' of the premium attributable to the Extended Coverage Owner's Policy Hof Title Insurance and for the costs of the additional endorsements requested by it. 4.2. Title Report. Within Thirty (30) days after the Execution Date, Seiler shall obtain and furnish to Buyer a commitment for title insurance issued by the Title Company (the "Title Report"), together with copies of the documents and instruments upon which the exceptions contained therein are based, copies of aff covenants and restrictions, if any, which benefi `t`he Property,` and evidence that any such covenants and restrictions for the benefit of the Property which encumber property other than the ' Property are not subject to' extinguishment (e.g., by the foreclosure of any superior lien on the property encumbered thereby) and a copy of the most recent tax bill with respect to ad valorem real property taxes and assessments levied or assessed with respect to PURCHASE AND SALE AGREEMENT - 5 Law Offices 9345.031bpm1dhlgriggs garlrabbit patchljbs propertieslpumhase and sale LYON WEIGAND 8 GUSTAFSON PS Lyon Caw Offices - 222 North Third Street agreement P.O. Box 1689 Yakima, Washington 98907 Telephone ephone (509) 248 -7720 . RECEIVED ED Fax (5D9) 575 -1883 . DOC. J�M�I -0 6y % 0 1 ,INDEX CITY OF YAltIMi-i, # PLANNING Dill r, LI 1 1 1 1 1 the Property. Within thirty. (30) days after receipt by Buyer of the Title Report and underlying documents and instruments (the "Title Contingency Date'), Buyer shall deliver written notice to Seller ( "Buyer's Title Notice ") of all matters of title to the Property disapproved by Buyer (the "Disapproved Items "). . Buyer's failure to deliver Buyer's Title Notice by the Title: Contingency Date shall be deemed to be Buyer's approval of all existing title matters except for Seller's Monetary Liens. If Buyer timely notifies Seller of Disapproved 'Items, and any of the Disapproved Items (except for Seller's Monetary Liens, which liens shall be removed by Seller on or before the Closing Date) are not cured within seventy -five (75) days after the Execution Date, Buyer may terminate this Agreement by giving Seller written notice of termination and, in that event: (a) Buyer and Seller shall execute and deliver to the Escrow Agent escrow cancellation instructions; (b) the Deposit (less one half of the escrow cancellation fee) and all other amounts paid by Buyer to the Escrow Agent, together with all interest thereon, shall be returned to Buyer; and (c) except as otherwise provided herein, this Agreement shall be of no further force or effect. The procurement by Seller of- a commitment for the issuance of the Title Policy, or an endorsement thereto, insuring Buyer against any Disapproved Items set forth in Buyer's Title Notice, shall be deemed the cure of such Disapproved Items. 4.3. S_ urvey, Within sixty ( 60) days after the Execution Date, Buyer may prepare, at Buyer's cost and expense, a survey of the Property by a surveyor licensed in the state of Washington. The surveyor shall be selected by Buyer and shall be reasonably acceptable to Seller. Buyer may, at its election and at its cost and expense, obtain an ALTA survey of the Pro, perty. Buyer's surveyor may place survey stakes on the Property. 5. Closing. T, e "Closirig Date" shall be the date the Deed is recorded in the official property records of Yakima' County, Washington, and shall occur on the fifteenth (15th) business day after the day on which each 'of the conditions precedent set forth in Subsection "Closing Conditions have been either satisfied or waived by Buyer; PROVIDED, HOWEVER, if the Closing Date shall not have occurred on or before Severn Hundred Thirty (730) days after the Execution Date then, in that event, either Party may, within fifteen (15) days thereafter, terminate this Agreement, in which event: (a) Buyer and Seller shall execute and deliver to the Escrow Agent escrow cancellation instructions; (b) the Deposit (less one -half of the escrow cancellation fee), together with all other amounts paid by Buyer to Escrow Agent, and the interest thereon, shall be paid to the Party entitled to the same pursuant to Subsection "Termination of Agreement "; and (c) except as otherwise provided herein, this Agreement shall be of no further force or effect. Buyer shall have no right to a refund of any deposited funds, except as otherwise provided herein. The sale contemplated by this Agreement shall be consummated as follows: PURCHASE AND SALE AGREEMENT.- 6, , 9345.03\bpmldh%gHggs garirabb' 1 rope�tieslpurchase and sale � agreement � �' JAN 0 F 20'10 CITY OF YAKIIvA PLANNING DIV. Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 DOC. INDEX # ? -� 5.1. Seller's Instruments. Seller shall cause to be deposited with the Escrow Agent, no later than one j1) day prior to the ;Closing Date, for recordation and delivery to Buyer upon the Closing, the following items:. "Deed "), 1 5.1.1. Deed. A recordable warranty deed (the in a form reasonably acceptable to Buyer, duly executed and acknowledged by Seller and effective to convey to Buyer fee simple title to the Property as provided for in this Agreement free and clear of all exceptions, except those approved in accordance with Subsection "Title Report ". 5.1.2. Real Estate Excise Tax Affidavit. A Real Estate Excise Tax r Affidavit in a form reasonably acceptable to Buyer. 5.1.3. Additional Documents. Such additional documents as may be reasonably required by the Escrow Agent to consummate the Closing. 5.2. Buyer's Payment and Documents. ' 5.2.1. Payment. On or .prior to the Closing Date Buyer shall deposit with the Escrow Agent, for payment to Seller upon the Closing, the balance of the ' Purchase Price, plus interest accruing on any unpaid portion of the purchase price at the rate of Six Percent (6 %) per annum and an amount equal to Buyer's costs as set forth in Subsections "Buyer's Costs" and Prorations, Adjustments. Interest on the ' unpaid portion of the purchase price shall start accruing one (1) year from the date this Agreement is fully executed through the date of closing. The amount to be paid by Buyer at the Closing shall be set forth in the approved Buyer's closing statement , prepared by the Escrow Agent. 5.2.2. Documents. Such documents as may be reasonably required by the Escrow Agent to consummate the Closing. 5.3. Seller's Costs,,, Seller shall before or simultaneously with the Closing pay the following costs: the premium expense and title search charges associated with the issuance of the ALTA Standard Coverage Owner's Policy of Title Insurance issued by the Title Company as provided. in Subsection "Quality of Title", with a liability amount ' equal to the Purchase Price, all sales, excise, documentary, real estate conveyance, and transfer taxes applicable to the sale which are imposed by any governmental authority, one -half ('/2) of the Escrow Agent's fees, one -half ( %2) of the costs of recording ' all documents and instruments (other than those pertaining to financing, if any, obtained by Buyer and other than the cost of recording the Deed) to be recorded at the Closing, fees and expenses of Seller's counsel, and the Brokers' Commission, as defined herein. ' 5.4. Buyer's Costs. Buyer shall, before or simultaneously with the Closing pay the following costs: the cost of any endorsements to the Title Policy requested by it, the additional premium attributable to an 'Extended Coverage Owner's Policy of Title PURCHASE AND SALE AGREEMENT - 7 9345.03 \bpm \dh \9ri99s gar\rabbit patch \jbs properteslpurchase and sale agreement RECEIVED JiAN 0 6 2010, CITY OF YAKfti' .PLANNING DIV. Law Offices LYON WEIGAND 8 GUSTAFSON P5 Lyon. Law Offices . 222 North Third Street P.O. Box 1689 Yaklma, Washington 98907 Telephone (5D9) 248 -7220 Fax (509) 575 -1883 DOC. INDEX ' Insurance, if .requested by it, one -half (' /z) of the Escrow Agent's fees, all costs of recording documents and instruments pertaining to financing, if any, obtained by Buyer, one -half (' /z) of the costs of recording all documents and instruments to be recorded at the Closing, and all fees and expenses of Buyer's counsel. 5.5. Proiations, Adjustments. All real property taxes, rentals, and utilities (if any) shall be prorated and adjusted between the Parties as of the Closing Date. To the extent that the tax statement covers land in addition to the Property, the overall tax amount will be allocated to land and improvements based on the land value and improvements value shown on the tax statement. The portion of the tax amount allocated to land value will then be allocated to the Property based on the area of the Property divided by the area of the entire property covered by the tax statement. Seller and Buyer hereby agree that any of the aforesaid prorations and adjustments which cannot be calculated accurately as of the Closing Date shall be prorated on the basis of the Parties' reasonable estimates, and shall be recomputed sixty (60) days after the Closing and either Party owing the other Party a sum of money based upon such subsequent proration adjustment,shall promptly pay such sum to the other Party and, if payment is not made within ten (10) days after delivery of the bill therefor, shall pay interest thereon at the rate of eight percent (8 %) per annum from the Closing Date to the date of payment. Buyer acknowledges that the tax value of the Property may be reassessed upon the change of ownership, and that a supplemental tax bill may be issued. If a supplemental tax bill is issued after the Closing Date, Buyer shall be solely responsible for any additional taxes due thereunder. The obligations of this Subsection shall.survive the Closing. 1 1 r [i 5.6. Bonds, Taxes and Assessments. All bonds, special taxes, improvement taxes and /or assessments relating to the Property, if any, shall be paid by Seller at or prior to Closing. 5.7. Possession.. Seller (shall deliver possession of the Property to Buyer on the Closing Date. 6. Conditions Precedent to Closing. 6.1. Closing Conditions. Notwithstanding anything in this Agreement to the contrary, Buyer's obligation to complete 'Closing under this Agreement is contingent upon the following conditions being satisfied within the time specified below: 6.1.1 Evaluation' Period. At any time prior to the expiration of the first Seven Hundred Twenty (720) days after the Execution Date (the "Evaluation Period "), Buyer may, in its sole, absolute and unreviewable discretion, terminate this Agreement by giving written notice thereof to Seller, at which time Buyer shall not be entitled to a refund of any of the Deposits paid unless specifically provided for in this Agreement. The PURCHASE AND SALE AGREEMENT - 8 9345.031bpmldhlgriggs garlrabbh pstch\jbs propertieslpurchase and sale agreement JAN 0 6 2610 CITY OF YAKIMA PLANNING DIV. Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 7689 Yakima. Washington 98907 Telephone (50.9) 748 -7220 Fax (509) 575-1883 DOC. INDEX # _- parties shall equally share in the costs of any escrow cancellation fee.. Buyer snail not be entitled to a refund of the initial Deposit or the Additional Deposit;., if any., specifically the Fifty Thousand and 001100 Dollars ($50,000.00) paid to Escrow Agent at the time of execution of this Agreement '.and ''any• subsequent additional deposit paid, except as otherwise provided herein. Buyer's obligation to purchase the Property on the Closing Date is subject to the satisfaction of the following contingencies and conditions during the Evaluation Period: (a) Buyer shall have evaluated and approved, in Buyer's sole, absolute and unreviewable discretion, the suitability of the Property for its contemplated use and the availability;of all necessary permits and governmental approvals for its contemplated use. In connection with this evaluation: (i) Buyer and Buyer's agents, employees and independent contractors, may enter upon the Property at reasonable times for the purpose of inspecting and testing the. same .and Seller hereby grants Buyer the right to go upon the Property between the Execution Date and the Closing Date, at Buyer's expense, to make such surveys, tests and other site analyses as Buyer may require. Buyer shall indemnify Seller against all losses, damages, expenses, and claims that may arise by reason of Buyer's entry upon the Property pursuant to this Subsection and shall repair any damage to the Property caused by such entry. ): Buyer may, in its discretion, retain one or more environmental consultants of its choosing to inspect the Property, including any soils, surface waters, wells, and groundwater on or under the Property and conduct such tests, samples, engineering studies, and examinations upon the Property as Buyer or any such consultants deem appropriate to determine the condition of the Property. Buyer shall indemnify Seller against all loss, damages, expenses and claims that may arise by reason of Buyer's inspection, testing and examination of the Property pursuant to this Subsection and shall repair any damages to the Property caused by such inspection, testing or examination. (b) Buyer shall` have obtained, reviewed and approved the Title Report and all other title- related documents to be provided pursuant to Subsection "Title Reporf'. (c) Buyer shall have obtained, reviewed and approved the survey, if one is requested, pursuant to Subsection "Survey". ld) Buyer shall have obtained, reviewed and approved such appraisal of the Property as Buyer`Shall deem suitable or necessary. PURCHASE AND SALE AGREEMENT - 9 9345.031bpm\dMgdggs garlmbbit patchNbs propertieslpurchase and sale agreement CITY OF YAKIMA PLANNING DIV. Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Mces - 222 North Third Street P.O. Box 1669 Yakima, Wealinglon 98907 Telephone (509) 248 -7220 Fax (509)575 -1883 DOC. INDEX # .3-- - ±-A 1 1 PURCHASE AND SALE AGREEMENT- 10 9345.031bpm\dMgriggs gartrabbit patchljbs prmertieslpurchase and sale agreement RECEIVED JAN a & 2010 CITY OF YAKIWli PLANNING DIV. ' I i Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 86907 Telephone (509) 2413-7220 Fax(509)575-1883 DOC. INDEX # r- �- (e) Buyer may, erect one or more signs on the Property promoting the subdivision during the Evaluation Period' r 6.1.2. Extension of Evaluation Period. Buyer shall have the right to extend the Evaluation Period for one (1) additional period of 18 months ( "Additional Evaluation Period "), provided that: (a) prior to the. expiration of the Initial Evaluation ' Period Buyer shall have provided Seller with written notice of its election to extend the initial Evaluation Period; and (b) Buyer shall have, within five (5) business days, pay Fifty Thousand -and 00/100 Dollars ($50,000.00) payment described herein, as a second additional deposit, said payments being honrefundable to Buyer for any reason. Should closing occur as provided for in this agreement the Initial Deposit and ' each Additional Deposit shall be applicable to the Purchase Price. 6.1.3. Additional Conditions Precedent. Buyer's obligation to purchase ' the Property on the Closing Date is also subject to the satisfaction or waiver by Buyer of the following additional conditions precedent which must be satisfied on or before the Closing Date: (a) The representations and warranties of Seller set forth in Section "Seller's Warranties and Representations° shall be true, correct and complete in all material respects on and as of the Closing Date with the same effect as though such representations and warranties had been made as of the Closing Date. (b) There shall be no effective injunction or restraining order of any nature issued by a court of competent jurisdiction which shall direct that this Agreement or the transaction contemplated herein not be consummated. (c) Seller _sholll:.havejully compiled with all of the covenants in this Agreement on its part to be perForrihed oh or prior to the Closing:Date. 6.2. Effect of Failure to Satisfy Conditions. If the conditions precedent set forth in Subsection "Closing Conditions" hereof are not satisfied within the respective time periods set forth therein then, in addition to any rights afforded by this Agreement, Buyer shall be entitled to terminate this Agreement. Upon such termination, Buyer shall forfeit to Seller any and all deposit paid up through the date of termination. 6.3. Termination of Agreement. 6.3.1. Termination by Buyer. If this Agreement is terminated by Buyer. (a) during the Evaluation Period; ;(b) as 'a result of the failure to satisfy or waive all '\ conditions and contingencies in, Subsections "Evaluation Period" or "Additional Conditions Precedent "; (c) pursuant to Subsections "Eminent Domain" or "Casualty "; or (d) as a result of Seller's breach of this Agreement (each a ".Buyer's Termination 1 Event "), then, in any of those events: (i) Buyer and Seller shall execute and deliver to 1 1 PURCHASE AND SALE AGREEMENT- 10 9345.031bpm\dMgriggs gartrabbit patchljbs prmertieslpurchase and sale agreement RECEIVED JAN a & 2010 CITY OF YAKIWli PLANNING DIV. ' I i Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 86907 Telephone (509) 2413-7220 Fax(509)575-1883 DOC. INDEX # r- �- the Escrow Agent escrow cancellation instructions; (ii) except as otherwise provided herein, this Agreement shall be of no further force or effect; and (iii) the Deposit (less one half ('/2) of the escrow cancellation fee) and all other amounts paid by Buyer to the Escrow Agent and all interest thereon shall be paid to Seller. Buyer shall not be entitled to a refund of any deposits paid to Escrow Agent for the Evaluation Periods, described herein as the Initial Deposit and Additional Deposit, unless the termination is due to Seller's breach of this Agreement or pursuant to Subsections. "Eminent Domain" or "Casualty" in which event Buyer shall be entitled to ,a refund of all deposits paid to Escrow Agent (less one -half, (1 /2) the escrow cancellation fee). 6.3.2. Termination by Seller. IF BUYER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, OR IF BUYER DEFAULTS IN THE PERFORMANCE OF. ITS OBLIGATIONS UNDER THIS AGREEMENT, THE DEPOSIT WELL BE FORFEITED TO SELLER AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE `f0 SELLER, AND BUYER WILL HAVE NO OTHER OR FURTHER OBLIGATION OR LIABILITY UNDER THIS AGREEMENT TO SELLER ON ACCOUNT OF SUCH FAILURE. BY INITIALING THIS PROVISION IN THE SPACES BELOW, SELLER AND BUYER EACH SPECIFICALLY AFFIRM THEIR RESPECTIVE AGREEMENTS CONTAINED IN THIS SECTION. Initials: Seller Buyer 6.3.3. Buyer's Remedies Upon the Default of Seller. In the event Seller defaults under any of the terms of this Agreement on or prior to the Closing Date (including by failing or refusing to deliver any documents or Information required to be delivered pursuant hereto), Buyer shall be"entitfed to: (a)-compel speck performance of this Agreement, in whictr event Buyer may also recover its damages incurred as a result of such. default, including all of its reasonable costs and attorney fees in seeking such. specific performance;. or (b) if speck performance is not possible or if Buyer elects not to pursue specific performance, receive a refund of all deposits paid to Escrow Agent (less one -half (1/2) the escrow cancellation fee)„ together with all interest thereon and recover its damages resulting' from said default, including all out -of- pocket costs, which include reasonable attorney fees. Prior to exercising its right to the remedies set forth above, 'Buyer .hall give Seller written notice of any alleged default and Seller shall have a period of fifteen (15) days, but not later than the Closing Date, to cure such default. 7. Seller's Warranties and Representations. As a material inducement lo cause Buyer to enter into this Agreement, Seller represents and warrants to Buyer that: 7.1. Authority. Seller has the authority and power to enter into this Agreement and to consummate-the transactions provided for by this Agreement. PURCHASE AND SALE AGREEMENT - i 1 9345.031bpm\dhlgliggs garlrabbit patchljbs properiieslpurchase and sale agreement RECEIVED JAN 0 6 201E CITY OF YAKIWv PLANNING DIV. Law Ofrices. LYON W EIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Sheet P.O. Box 1889 Yakima, Washington 98807 Telephone (509) 248 -7220 Fax (509) 575 -1883 DOC. INDEX 1 f] 1 L 1 Consummation of such transactions will, not breach any material agreement to which it is a party. i ' 7.2. Title. Seller has good and marketable title to the Property and at Closing such title shall be subject only to the encumbrances determined in accordance with this Agreement. 7 -3. Service Contracts. There are no written service contracts, art contracts, leasing listing agreements, landscaping contracts, equipment leases, maintenance agreements, open purchase orders and other contracts for the provision of labor, services, materials or supplies to or for the benefit of the Property which will affect or be obligations of Buyer or of the Property or any portion thereof following Closing. JI 7.4. Agreements 'Affecting the Property. To the knowledge of Seller, at ,Closing, there will be no unrecorded leases, easements, encumbrances, or other agreements affecting the Property except as shown on the Title Report, or as otherwise disclosed to Buyer by Seller in writing and approved by Buyer. 7.5. Information. The Information delivered to Buyer pursuant to this ' Agreement or in connection with the execution hereof are, and at Closing will be; _ a) true and Goi rrect copies; and /or b) in full force and effect. �I 7.6. No Notices of Violations. Seller has received no notice of any failure of ( Seller to comply with any applicable governmental requirements in respect of the development, use and occupation of the Property, including environmental, zoning, platting and other land use requirements which have not been heretofore corrected to the satisfaction of the appropriate governmental authority. 7.7. Compliance with Law. To the knowledge of Seller, the Property and the existing uses of the Property, -are in material compliance with all applicable laws, ordinances, rules, regulations, and requirements of all governmental authorities having jurisdiction thereof, including those pertaining to zoning, building, housing, water, use, safety, fire, health and the environment. h, v i 7.8. No Litigation or Proceedings. To the knowledge of Seller, there are no actions, suits, proceedings or investigations pending or threatened, before any agency, court, or other governmental adthority which relates to the ownership, maintenance, development or operation of the Property'or which could become a liability of. Buyer or the Property or any portion 'thereof following Closing. 7.9. Condemnation. PURCHASE AND SALE AGREEMENT - 12 9345,03%pmWh\gdg9s garVabbit patchl bs properGeslpurchase and sale agreement AN Q 6 2010 CITY OF YAKIMA . PLANNING 01V. Law Offices LYON WEIGAND 8 GUSTAFSON PS Lyon Law Offices - 222 Narth Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509)248 -7220 Fax(509)$75 -1883 DOC. INDEX N 7.9.1. Eminent Domain Proceedings. To the knowledge of Seller, there is no condemnation or eminent domain proceeding affecting the Property or any portion thereof currently pending or threatened except as the same may have been disclosed to Buyer. 7.9.2. Takings by'1lmineht Domain. To the knowledge of Seller, there have been no takings by condemnation or eminent domain of any land of which the Propert y was a part and for 'which compensation has not been paid or for which compensation has been paid within the past three (3) years except as the same may have been disclosed to Buyer. 7.1 D. _Artifacts and Endangered Species. To the best of Seller's knowledge, there are no historical artifacts, Indian artifacts or burial grounds located on or under the Property and there are no endangered species, as determined under, federal, state or local laws, located on or under the Property. 7.11. No Defaults. Seller has not received notice of any default or breach by Seller under any covenants, conditions, restrictions, rights -of -way, or easements which may affect Seller in respect to the Property or may affect the Property or any portion thereof and, to the knowledge of Seller, no condition exists that with the passage of time or giving notice or both would constitute such a default. 7.12. Seller Not a Foreign Person. Seller is not a foreign person as defined in Section 1445(f)(3) of the Intemal Revenue Cade of 1986, as amended. Seller.will deliver to Buyer at Closing a Certificate of Nonforeign Status, in a form reasonably acceptable to Buyer certifying .lth6''66rrect6ess of this Subsection. 7.13. No Attachments. There are no attachments, executions, assignments for the benefit of creditors, or' proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or, to the knowledge of Seller, threatened by or against Seller. 7.14 No Leases or Mechanics' Liens. To the knowledge of Seller, there are no pending or threatened mechanics' or materialmen's liens recorded against the Property. 7.15. Special Assessments. To the knowledge of Seller, no special or general assessments have been ievied on the Proporty. 7.16. Representations To Be Correct at Closing. All of the representations and warranties of Seller contained in this Agreement shall be true and correct as of the Execution Date and as of the Closing and shall survive the Closing. PURCHASE AND SALE AGREEMENT -13 9345.03ftrnldh\griggs garlrabbh petch%jbs prope6eslpurchase and sale agreement 1� r � JAN 0 6 2010 CITY OF YAKiivirl PLANNING DIV. L F C 0 Law & Oftes GUGU LYON WEIGAN6 & STAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 24&7220 Fax (509) 575.1B83 /� DOC. INDEX # �17-4 1 L�1 r 1 1 1 i 1 7.17. No Untrue Statements. None of the foregoing representations and warranties contain any untrue statement or. material fact or fails to state any material fact necessary to make such representations and warranties not misleading. 7.18. Corrective Notices; Liability. If after the Execution Date, but. prior to the Closing Date, Seller becomes aware that any of Seller's representations set forth herein are no longer true and correct, then Seller shall provide Buyer with written notice stating that Seller believes that such representations are no longer accurate and the general nature of the change. Within ten (10) business days after receipt of. such notice, Buyer shall either: (a) terminate this Agreement, and all deposits made to Escrow Agent (less one -half (1/2) the escrow cancellation fee) shall be returned to Buyer (in which event Buyer shall retain its right to recbver its actual damages, limited to actual out-of-pocket expenses, incurred by Buyer acid determined according to proof, if any, resulting from such inaccuracy); or (b) waive its rights on such account and elect to consummate the transaction herein contemplated, in which event Buyer shall be deemed to have waived all rights and remedies with respect to those matters specifically set forth in such notice. Notwithstanding the foregoing, nothing in this Agreement shall limit Buyer's rights and remedies if such representation or warranty was intentionally or willfully misrepresented by Seller to Buyer as of the Execution Date or if Buyer discovers an incorrect material representation or warranty following the Closing Date which Seller had knowledge of before Closing and failed to disclose to Buyer. 8. Buyer's Warranties and Representations. Buyer represents and warrants to Seller as follows: 8.1. Authority. Subject to obtaining approval of this Agreement by its Board of Directors, Buyer is fully. authorized to enter into and perform its obligations under this Agreement and any other agreement or instrument necessary to consummate the transaction contemplated by this'Agreement. 8.2. No Defaults: Neither Buyer's execution of this Agreement nor Buyer's performance of its obligatibns :hereunder will violate, or constitute a default under or breach of, any - agreement between Buyer and any third party or by which Buyer is bound. 8.3. No Proceedings. There is neither pending nor, to the knowledge of Buyer, any threatened legal action, arbitration. or administrative hearing before any governmental authority to which Buyer Is a party and which could enjoin or restrict Buyer's right or ability to perform its obligations under this Agreement. 8.4. No Attachments.: There are no attachments, executions, assignments for the benefit of creditors, or proceedings it .t�ankruptcy or under any other debtor relief PURCHASE AND SALE AGREEMENT -14 9345.03\bprnWhlgriggs gaA abbit patch\[bs properties\purchase and sale agreement RECEIVED JAN 0 6 2010, CITE" OF yAKllvifi ; PLANNING DIV, Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.Q. Box 1689 Yak)ma, Wastiington 98907 Telephone (509) 248 -7220 Fex (509) 575 -18B3 D ®C. INDEX # -4 laws contemplated by or pending or, to the knowledge of Buyer, threatened by or ' against Buyer. Yakima, Washington 99907 8.5. No Untrue Statements. None of the foregoing representations and ' warranties contain any untrue statement or material fact or fails to state any material , fact necessary to make such representations and warranties not misleading. �a DOC. warranties INDEX 8.6. Representations. All representations and contained in this # Section shall be deemed made as of the. - Execution Date, shall be renewed as of the Closing and shall survive the Closing. 9. Survival of Warranties and Representations. Notwithstanding anything to the contrary in this Agreement, all covenants contained in this Agreement which by their nature impliedly or expressly involve performance after Closing and all representations and warranties contained in this Agreement shall survive Closing for a period of one (1) year after the Closing Date. Any t inspection of the Property, or` of Seller's records, by Buyer or its representatives shall not be construed as a waiver of any warranty contained in this Agreement. '. 10. Brokers. Seller and Buyer agree that Seller has not retained the services of any broker for this sale and the Buyer, nor any affiliate of Buyer is operating as Broker for the benefit of Seller. Buyer hereby agrees to indemnify and hold Seller harmless from all loss, costs, damage or expenses (including reasonable attorney fees) incurred by Buyer as a result of any claim arising out of the acts of the Buyer(or others on its behalf]) for a commission, finder's fee or similar compensation made by any other broker, finder, or party who claims to have dealt with such Party. 11. Declaration of Cove naMs;,Conditions, Restrictions, Easements and Reservations. Buyer and Seller agree to record a Declaration of Covenants, Conditions, Restriction, Easements and Reservations in a form identical to that attached hereto as Exhibit B. Said Covenants shall control the development and use of the property and shall provide Seiler with certain rights related to the development of the property and restrictions, said restrictions including certain restrictions regarding the height of buildings upon the subjection property as to ensure Seller's adjoining property 1 a sufficient line of sight, and view. .maintains 12. Miscellaneous. ' 12.1. Notices. Whenever a Party to this Agreement is required or permitted under this Agreement to provide the other Party with any notice, request, demand, consent . or approval ('Notices"),'the Notices will be given in writing and will be delivered to the other Party at the address or facsimile number set forth below: (a) personally; (b) by a reputable overnight courier service; (c) by certified mail, postage prepaid, return PURCHASE AND SALE AGREEMENT - 15 9345.031b m1dh1 n s aAmbblt atcMjbS r0 ertles\ urchase and sale agreement 1VE P � P P P �_ Law Offices LYON WEI r-es- & North Third P5 , Lyon Lew Offices -222 NorfhThird Street P.O. Box 1699 t Yakima, Washington 99907 Telephone (509) 2487729 Fax (509) 575 -1883 J A „ N 0 6 2 0 � , JH , �a DOC. CITY OF yAl 4Vw,% INDEX PLANNING DIV # i receipt requested; or (d) by facsimile transmission, Either Party may change its address for Notices by written notice to the other Party delivered in the. manner set forth above. Notices will be deemed to have been duly given: (1) on the date personally delivered;. (2) one (1) Business Day, after-delivery. to an overnight courier service with next -day service requested; (3) on :the third.. (3rd) Business day after mailing, if mailed using certified mail; or (4) on the date sent when delivered by facsimile (so long as the sender receives electronic confirmation of receipt and a copy of the Notice is sent by one of the other means permitted hereunder on or before the next Business Day). IF TO BUYER: JBS Properties, Inc. Attn: Jim Beckett / S.. 7.Z .yz .4u,� Fax: 9 7j -,? 2,1,? IF TO SELLER: The Rabbit Patch, L.L.C. ' Attn: Garry Griggs 3401 Bay Street Union Gap, WA 98903 Fax: 509 457 -6811. 1 r 1 12.2. Assignment. Except as otherwise specifically 'provided for herein, the Parties shall be entitled to assign'their rights and obligations under this Agreement only upon obtaining the other Party' prior written consent, .which will not be unreasonably withheld. Unless otherwise 'agreed by a Party in writing, no such assignment shall release the other Party from its obligations under this Agreement. 12.3. Amendments. This Agreement may be amended or modified only by a written instrument executed by the Party or Parties asserted to be bound thereby. 12.4. Governing Law. This Agreement shall be governed by and Construed in accordance with the laws of the state of Washington, without regard to the conflict of laws principles of such state. The federal and state courts within the state of Washington shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. All parties hereto expressly consent to: 12.4.1. the personal jurisdiction of the federal and state courts within Washington; and 12.4.2. service of process being effected upon them by registered mail sent to the addresses set forth in Subsection "Notices ". i 12:5. Merger of Prior Agreements. This Agreement and the exhibits hereto constitutes the entire agreement between the Parties with respect to the purchase and PURCHASE AND SALE AGREEMENT -'16 934.5.OMbpmldhlgriggs garlrabbit patchVbs pwertieslpui�hase and sale agreement DECEIVED JAN 0 6 010 CITY OF YAKIW% PLANNING DIV, Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law OMMS - 222 "h Third Street P.O. Box 1689 Yaktma, Washington 98807 Telephone (509) 248 -7220 Fax (569) 575 -1883 DOC. INDEX # sale of the Property and supersedes all prior and contemporaneous agreements and , understandings between the Parties hereto relating to the subject matter hereof. Each Party acknowledges and agrees that except for the specific representations, warranties and covenants contained in this Agreement, the other Party and its agents have not made any representations, warranties or covenants to it. 12.6. Time is of the Essence., . Seller and Buyer. hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, jobligation and provision hereof.; :' + 12.7. No Joint Venture or Third Party Beneficiary: It is not intended by this ' Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other agreement between Buyer and Seller. No term or provision of this , Agreement is intended to be, or shall be, for the benefit of any person, firm, organization or corporation not a Party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. ' 12.5. Further Acts. Each Party shall, at the request of the other, execute, acknowledge (if appropriate) and deliver whatever additional documents, and do such other acts, as may be reasonably required in order to accomplish the intent and purposes of this Agreement. 12.9. Professional Fees and Costs. If any legal or equitable action, appeal, arbitration, bankruptcy, reorganization, or other proceeding, whether on the merits, application or motion, are brought or undertaken, or an attorney retained, to enforce this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, then the successful or prevailing Party or Parties in such undertaking (or the Party.that would prevail if an action were brought) shall -be= entitled+ to_ recover reasonable attorney and other professional fees, expert witness fees, court costs and other expenses incurred in such action; proceeding or discussions, in addition. to any other relief to which such Party may be entitled. The Parties intend this provision to be given the most liberal construction possible and to apply to any circumstances in which such Party reasonably incurs expenses. The provisions of this Section shall survive the Closing or the termination of this Agreement. ' 12.10. Dates of Performance. In the event that any date for performance by either Party of any obligation hereunder required to be performed by such Party falls on a Saturday, Sunday or nationally recognized holiday, the time for performance of such obligation shall be deemed extended until the next business day following such date. 12.11. Counterparts' and Execution by Facsimile. This Agreement may be executed fn multiple counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Delivery of an: ' PURCHASE AND SALE AGREEMENT- 17 9345.031bpmlWgriggs gaArabbit patchljbs propertieslpurehase and sale agreement pj�, RECEIVED JAN . ® G 201E CITY OF YAKM PLANNING DIV. Law Offlom LYON W EIGAND & GUSTAFSON PS Lyon Law Offices - 222 Notch Third Street P.O. Box 1689 Yakkne, WaehWVion 83907 Telephone (509) 248 -7220 Fax (609) 575 -1863 , DOC. INDEX # -- ' I '! executed copy of this Agreement by facsimile, telecopy, telex or other means. of electronic communication producing a printed copy will be deemed to be an execution and delivery of this Agreement on the date of such communication by the Party so ' delivering such a copy. The ; Party so delivering such a copy via electronic communication shall deliver an executed original of this Agreement to the other Patty wllhin five (5) business days of the. date of dirfivery of the electronic communication. 11 1 12.12. Severability. `Any. provision of this Agreement which is determined by a court of competent jurisdiction to' be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise make ineffective any other provision of this Agreement. 12.13. Eminent Domain.. If prior to the date of the Closing, Seller acquires knowledge of any pending or threatened, action, suit or proceeding to condemn or. take all or any part of the Property under the. power of eminent domain, other than as set - forth in Section "No Litigation or Proceedings ", then Seller shall immediately give notice thereof to Buyer. Upon receipt of such notice, Buyer may terminate this Agreement and this Agreement shall be null and void, whereupon the full amount of the Deposit, minus one -half (Y2) the escrow cancellation fee, shall be paid by Escrow Agent to Buyer, and all Parties shall thereupon be relieved of all further liability hereunder. If Buyer does not terminate this Agreement, and the Closing occurs, then Buyer shall be entitled to the proceeds of any condemnation award available. 92.13.9. Casualty. If, prior to the date of the Closing the Property, or any portion thereof, shall be damaged or destroyed by reason of an'earthquake or other casualty, then Seller shall immediately'give notice thereof to Buyer. Upon receipt of such notice, Buyer may terminate this Agreement and this Agreement shall be null and void, whereupon the full amount of the Deposit, minus one -half (' /) the escrow cancellation fee, shall be paid by the Escrow Agent to Buyer, and all Parties shall thereupon be relieved of all further liability hereunder. If Buyer does not terminate this Agreement, and the Closing occurs, then Buyer shall be entitled to the insurance proceeds available as a result of the casualty, if any. 12.14. Development Aptlications. Seller agrees to cooperate with Buyer in conjunction with-any developrheihfapplications or permit applications which Buyer may desire to submit to goveminerital authorities while this Agreement is in force, provided that I Buyer pays all expenses associated with any of the foregoing documents or processes (except as related to the creation of a legal lot of record as set forth in Section "Termination by Buyer" (e)) and that no agreement to be executed by Seller is binding upon Seller or the Property. unless and until the Closing. In furtherance thereof, Seller shall timely sign upon request any documents reasonably needed by Buyer to secure preliminary plat approval if required by the City of Yakima or any other govemmental agency. PURCHASE AND SALE AGREEMENT - 18 '' 1. 9345.031bpm1dMgr1ggs garlrabbit patchljbs'proper6eslpurchase and sale agreement RECEIVED )AN 0 6 2010 CITY OF YAKIMA PLANNING DIV. Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakkne, Washington 88807 Telephone (509) 248 -722D Fax,(509) 575 -1683 DOC. INDEX IN WITNESS WHEREOF,, :the Patties have signed this Agreement the day and year set forth below. BUYER: JBS PROPERTIES, INC,, a Washington corporation By: Its: Dated: SELLER: THE RABBIT PATCH, L.L.C., a W1ashingt limited liab co n By. ry Its: �� C Dated: \Z> V-7 09 L C PURCHASE AND SALE AGREEMENT - 19 9345.031bpm1dMg6ggs garirabblt patWjbs propertieMpurchase and sale agreement RECEIVED JAN 0 6 2010 CITY OF YAKIMA PLANNING DIV. Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law O'f<ims - 222 North Thirst Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 Fax (509) 575 -1883 DOC. INDEX �1 �I III �I �I Lots 39 and 40, PLAT OF YAKIMA ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS, as recorded in Volume B of Plats, page 31, records of Yakima County, Washington, EXCEPT the North 223 feet of the West 119a feet thereof, and EXCEPT the West 10 feet of said Lot 40 for road, AND Lot 1 of Short Plat recorded under Auditor's File No. 7318823, records of Yakima County, Washington. ASSESSOR'S PARCEL NO. 181317.33433 RECEIVED JAN 0 6. 2010 CITY OF YAKimit PLANNING DIV. EXHIBIT A DOC. INDEX # S -� BYLAWS OF SCENIC ESTATES HOMEOWNERS' ASSOCIATION These bylaws are adopted by the unanimous vote of the lot owners of Scenic Estates Homeowners':Association effective this day of 1: 2010. DEFINITION OF TERMS: .1.1 "Assessment" means all sums chargeable by the association against a lot within Scenic Estates including, without limitation: (a) regular and special assessments for common expenses, charges, and fines imposed by the association; (b) interest and late charges on any delinquent account; and (c) costs of collection, including reasonable attorney's fees, incurred by the association in connection with the collection of a delinquent owner's account. 1.2 "Association means the Scenic Estates Homeowners' Association, a Washington nonprofit corporation. 1.3 "Common expenses" means expenditures made by or financial liabilities of the association together with any allocations to reserves. 1.4 "Declaration" means the Declaration of Covenants, Conditions, Restrictions, Easements and Reservations, dated 2010 and recorded , 2010, under Yakima County Auditor's File No. as amended. 1.5 "Scenic Estates" means a residential subdivision situated in Yakima, Washington consisting of: Page - 1 FINNEY, FALK, LAWRENCE- BERREY ' & NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET,. SUITE 201 , POST OFFICE BOX 1586 YAKIMA, WA 98907 TELEPHONE (509) 453 -5fiQ IND yGA, 1 # -� ' Lots 2 through 13 of the Plat of Scenic Estates, recorded under Auditor's File No. records of Yakima County, Washington. ' (Assessor's Parcel Nos. 181317- , and ) 1.6 "Lot" means one of the twelve (12) lots situated within Scenic Estates. 1.7 "Residence" means a residential structure situated upon alot within Scenic Estates. " 1.8 Owner means the owner or owners of a lot within ' Scenic Estates, but does not include a person who has an interest in a lot solely as security for an obligation. "Owner" ' also means the vendee, not the vendor, of a lot sold, under a real estate contract. ' 2. APPLICABILITY: These bylaws shall be applicable to and govern the association, the board of directors and officers thereof, and the lot owners in respect to all association related business and conduct, and the management thereof. 3. VOTING: 3.1 Vote Per Lot: Each lot owner shall have one vote per lot for all association business regardless of the number of persons who own the lot. Voting shall not be proportional. .3.2 Proxies: A lot owner may give to any other lot owner his /her /their written proxy for the purpose of voting at all meetings of the lot owners. All proxies to be valid must be dated and signed by one or more of the individuals comprising the lot owner. No written proxy shall be voted for a period longer than six (6) months from its date. FINNEY, FALK, LAWRENCE- BERREY 6 NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 1586 Page 2 DOC -' TELEPHONE (509) 453 -5604 INDEX 1 #-3 4. MEETINGS OF LOT OWNERS: 4.1 Annual Meetings: An annual meeting of the lot owners shall be held in of each year at such time and place as is determined by the Board of Directors, 4..2 Special Meetings: Special meetings of the lot owners may be called at any time by the president, a majority of the board of directors,.or seven (7) or more lot owners. 4.3 Notices of Meetings: Notices of annual meetings and special meetings shall be in writing and shall be given to each lot owner at least ten (10) days in advance of each meeting; provided, however, that a special meeting may be called by a majority of the board of directors upon forty -eight (48) hours oral or written notice if deemed necessary by the board for emergency reasons. If notice of a special meeting is given orally, it should be given in such manner so as to ensure that each owner receives notice insofar as is reasonably possible. The notice of annual meeting shall specify that it is an annual meeting at which there shall be an election of directors and approval of the annual budget as well as the consideration of such other matters as may come before the meeting. A notice of special meeting shall specify the nature of the business to be considered at such meeting, and no other business shall be considered.at such meeting. 4.4 Quorum: A quorum for the conduct of any business at an annual or special meeting shall consist of a majority of the lot owners present in person or by proxy. 4.5 Conduct of.Meeting: All meetings shall be conducted in accordance with the current revised edition of Robert's Rules of Order. FINNEY, FALK, LAWRENCE- BERREY 6 NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 11586 YAKIMA, WA 98907 Page - 3 DO ^• TELEPHONE (509) 453 -5604 INDEX # T "J ' 4.6 Attendance: Only owners, as defined in Section_ 1.8 above, may attend the meetings held pursuant to Sections 4.1 and 4.2 hereof, except as otherwise approved by the president or the board of directors. S. DIRECTORS: 5.1 Number of Directors: The management of the ' property and the business of the association shall be vested in a board of directors consisting of not less than three (3) nor more than five (5) directors. 5.2 Election of Directors: Directors shall be ' elected at the annual meeting of lot owners. 5.3 Removal of Directors: The lot owners may remove any member.of the board of directors, with or without cause, by a two - thirds affirmative vote at any meeting of the lot owners ' at which a quorum is present. 5.4 Terms of Directors: Directors shall be elected ' for terms of one (1) year or until the next annual meeting. Directors may be re- elected to additional terms. 5.5 Qualification of Directors: Each director shall at all times during his /her term of office be a lot owner or, if ' the owner is a trust or other entity, one of the persons who is a fiduciary representative or owner of such trust or other entity. If a director ceases to be a lot owner, he /she shall be deemed to have resigned as a director. 5.6 Resignation, Illness, Death or Removal of Director: Upon the death, severe illness, resignation,-or removal of a director, the remaining directors shall appoint a replacement director to serve until the next annual meeting. FINNEY, FALK, LAWRENCE- BERREY & NAUGHT, PLLP ATTORNEYS .AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 1586 YARn -M, WA 98907 Page - 4 Doc. TELEPHONE (509) 453 -5604 INDEX 5.7 Meetings of Board of Directors: The board of directors shall hold an annual meeting immediately following the annual meeting of the lot owners for.the purpose of electing officers for the ensuing year. In addition, the board of directors shall hold monthly or other periodic meetings at such time and place as is determined by the Board of Directors. Special meetings of the board of directors may be called by the president or by a majority of the board upon three (3) days' written notice. The board may waive such notice in writing. 5.8 Quorum: The presence of a majority of the directors in person shall constitute a quorum for the purpose of conducting any business at a meeting of the board of directors. 5.9 Delegation of Authority: The board of directors may not delegate its authority to any other person or entity. 6. OFFICERS: 6.1 Officers Defined: The officers of the association shall be a president, vice - president, secretary, and treasurer. The offices of secretary and treasurer may be combined and filled by one individual -. The offices of president and vice - president shall be held by persons who also qualify to be a director under Section 5.5 above. No officer shall receive compensation for serving as such except for secretary, treasurer, or secretary- treasurer who may, but need not, be compensated. 6.2 president: The president shall preside.at all meetings of the lot owners and of the board of directors and may exercise the powers ordinarily allocable to the presiding officer of a nonprofit corporation, including the appointment of committee chairmen and committees. FINNEY, FALK, LANRENCE-BERREY 6 NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 1586 - 5 ®QC, YAKIMA, NA 98907 Page INDEX TELEPHONE (509) 453 -5604 = # - 3 6.3 Vice - President: The vice - president shall perform the functions of the president, in the absence, inability, or at the request of the president. 6.4 Secretary: The secretary shall keep minutes of the meetings of the association and board of directors and shall keep such books and other records as may be necessary and' appropriate for the association and the board of directors. All correspondence pertaining to the association business shall be signed by the president or, in the absence of the president, by the vice - president. 6.5 Treasurer: The treasurer shall maintain a bank account for funds and shall deposit therein all assessments and other funds received for the association, keep accurate records thereof, and disburse the same only for association purposes as ' approved by the board of directors. 6.6 Certification of Documents: The president and secretary are authorized to prepare, execute, certify, and record amendments to the Declaration and these bylaws, meeting minutes, lien notices, resolutions, and other official documents on behalf of the association. ' 6.7 Correspondence: All correspondence pertaining to the association's business shall be signed by the president or, in the absence of the president, by the.vice- president. 6.8 Election of Officers - Bond: The officers of the ' association shall be elected by the board of directors at its annual meeting for a term of one (1) year commencing upon the adjournment of the meeting at which such election occurs. The board of directors may require that officers have fidelity bond tcoverage in favor of the association. The cost of such coverage ' FINNEY, FALK, LAWRENCE - BERREY & NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 ' POST OFFICE BOX 1586 DOC. YAKIMA, Page - 6 WA 98907 INDEX TELEPHONE (509) 453 -5604 shall be borne by the association as a part of its annual budget. 6.9 Removal of Officers: The board of directors may remove.an officer. Upon the death, severe illness, resignation; �-:or removal of an officer, the board shall elect a replacement officer to serve until the board's next annual meeting. 6.10 Duty When Leaving Office: When.an officer leaves office, he /she shall promptly deliver all association records and keys in his /her possession to his /her successor. 7. ASSOCIATION BUSINESS: 7.1 Budget: The directors shall annually prepare a proposed budget which shall include the projected annual cost of the common expenses for the maintenance, repair and replacement of the common amenities which the association is to provide under the Declaration, including the cost of insurance as required by Section 7.4 below. The proposed annual budget shall additionally include all projected.miscellaneous or special expenses associated with the operation and business of the association for the ensuing year, all expenses required by these bylaws to be paid by the association or which are designated common expenses, and a reserve fund equal to three (3) months of estimated common expenses for the association. 7.2 Submission of Proposed Budget: The proposed annual budget shall be prepared.and submitted to each lot owner as a part of the notice of the annual meeting of lot owners. 7.3 Adoption of Annual Budget: At the annual meeting of lot owners, the proposed annual budget, as prepared by the board of directors, shall be submitted to the lot owners for approval or modification and approval. FINNEY, FALR, LAWRENCE- BERREY 6 NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 1586 _ 7 ®OC. YARIMA,.MA 98907 Page INDEX TELEPHONE (509) 453 -5604 # -3 Fl 1 7.4 Insurance: 7.4.1 The association shall maintain liability 1 insurance, including medical payments insurance, in an amount to. be determined by the board of directors covering all occurrences commonly insured against for death, bodily injury, and property 1 . damage arising out of or in connection with the conduct of ' association related business and activities. 7.4.2 Insurance policies.carried pursuant to 1 subsection 7.4.1 above shall provide that: (a) Each lot owner is an insured person under the policy; 1 (b) The insurer waives its.right of subrogation 1 under the policy against any lot owner, member of the owner's household, or tenant of the owner; 1 (c) No act or omission by any lot owner, unless acting within the scope of the owner's authority in behalf of the association, will void the policy or be a condition 1 to recovery under the policy; and (d) If at the time of a loss under the policy t there.is other insurance in the name of a lot owner covering the same risk covered by the policy, the association's policy will provide primary coverage. 1 7.4.3 The association may maintain errors and omissions liability insurance insuring the members of the board of directors and officers against liability by reason of errors or omissions in the conduct of the association's business. 1 7.4.4 The association shall have no responsibility to obtain hazard insurance for a lot owner's real 1 or personal property or his /her /their personal liability. 7.4.5 The annual cost of premiums for the 1, insurance required by these bylaws shall be a common expense and 1 FINNEY, FALK, LAWRENCE- BERREY & NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 1 POST OFFICE BOX 1586 YAKIMA, WA 98907 Page - 8 DOC. TELEPHONE (509)453 -5604 INDEX . shall be a part of the annual budget. 7.5 COITION AREAS: The association shall maintain the entrance area, landscaping and fencing and also the landscaping, waterfall acid other improvements within the comm on area (Tract A of the Plat of Scenic Estates). 8. ASSESSMENTS: 8.1 Basis of Assessments: The annual budget of the association, as approved at each annual meeting of lot owners, shall be the basis of assessments against the lots. 8.2 Lot Assessments: Each lot shall be assessed on the first day of each year in an amount equal to one - twelfth (1/12th) share of the annual budget for common expenses and capital improvements. If the lot owners approve a special or emergency assessment, each lot shall be assessed a one - twelfth (1 /12th) share thereof which shall be payable within such time as is determined by the board of directors.. 8.3 Delinquent Assessments: All assessments shall be paid by the tenth day of January of each year. All assessments not paid by said due date shall bear interest at the rate of twelve percent (120) per annum from January 1 until paid. In addition, a monthly service charge of $5 shall be assessed if a delinquent assessment is not paid within sixty (60) days of being assessed. 8.4 Assessment Lien: The association shall have a lien against a lot for any delinquent assessments. 8.5 Increased Assessments: If required for the proper operation of the association, the board of directors may, during the interim period between annual meetings, increase the assessment against all lots in an amount not to exceed fifteen FINNEY, FALK, LAWRENCE- BERREY 6 NAUGHT, PLLP. ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 1586 DOC. YAKIMA, WA 98907 Page - 9 INDEX TELEPHONE (509) 453 -5604 # INDEX TELEPHONE - 3 ' percent (15 %) of the assessment rate established at the last annual meeting of lot owners. Any interim increase in excess of ' such percentage must be approved by the lot owners. 8.6 Non - Waiver: The punctual payment by all lot ' owners of the assessments provided for herein may not be.waived. 9. OBLIGATIONS OF LOT OWNERS: tA lot owner is chargeable with the maintenance and repair within his /her lot, and the association has no responsibility for such maintenance or repair. All lot owners, including their occupant families, guests, and lessees or tenants, shall have the obligation to abide by the Declaration as it may apply to them personally and these bylaws, including ' the restrictive.covenants set forth in Section 10 the Declaration. ' 10.- NOTICES: All notices given pursuant to these bylaws shall be in writing, unless otherwise provided herein, and shall ' be delivered or mailed. If mailed, the notice shall be sent by U.S. first class mail, with postage prepaid, to the recipient's ' address of record with the association or last known address, as the case may be. ' 11. AMENDMENT: These bylaws may be amended by the lot owners.at an annual or special meeting, notice of which includes notification of the proposed amendment, by a favorable vote of at least two- thirds of the lot owners at a meeting at which a ' quorum is present. The president and secretary are authorized to prepare, execute, certify, and record amendments to these ' bylaws. 1 ' Page - 10 FINNEY, FALK, LAWRENCE- $ERREY & NAUGHT, PLLP ATTORNEYS-AT LAW 117 NORTH THIRD STREET, SUITE. 201 PO DOC. YAKXMA WA8 6 907 INDEX TELEPHONE (509)453 . -5604 ADOPTED this day of ATTEST: Secretary Page - 11 2010. President FINNEY, FALK, LAWRENCE- BERREY 6 NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 ®OV• POST OFFICE BOX 1586 c�/ YAKI)OL, WA 98907 INDEX TELEPHONE (509) 453 -5604 1 i ARTICLES OF INCORPORATION OF SCENIC ESTATES HOMEOWNERS! ASSOCIATION The undersigned, acting as the incorporator of a corporation under the provisions of, and in consideration with, the Washington Nonprofit Corporation Act (RCW 24.03), adopts the following Articles of Incorporation for Scenic Estates Homeowners' Association. ARTICLE ONE NAME The name of this corporation shall be SCENIC ESTATES HOMEOWNERS' ASSOCATION. ARTICLE TWO PERIOD OF DURATION The period of duration of the corporation shall be perpetual. ARTICLE THREE PURPOSES This corporation is a nonprofit corporation. The purposes for which it is ,organized are as follows: 1.` To serve as an association of.home and lot owners within Scenic Estates, a residential subdivision situated in Yakima, Washington; 2. To execute the powers and fulfill the responsibilities entrusted to it by the Declaration of Covenants, Conditions,, Restrictions, Easements and Reservations, dated , 2010 and recorded 2010, under Yakima County Auditor's File No. as amended; and DOC. Page -I INDEX _ FINNEY, FALK, LAWRENCE- BERREY & NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 1586 YAKIMA, WA 98907 TELEPHONE (509) 453 -5604 JBS Properties, Inc. 1819 S. 4th Avenue Yakima, WA 98902 -5922 ' ARTICLE TEN DISSOLUTION This corporation may dissolved only upon the termination of the Scenic Estates Homeowners' Association. In the event the association is dissolved, the assets of the corporation, after paying or making provision for the payment of.all of the ' liabilities of the corporation, shall be distributed equally to the then owners of lots within Scenic Estates. ARTICLE ELEVEN AMENDMENT Amendments to these Articles of Incorporation may be proposed by resolution adopted by the Board of Directors and presented to the members for their vote.. Amendments may be adopted by a vote of at least two- thirds of the members of the t corporation at a meeting at which a quorum is present. IN WITNESS WHEREOF, the incorporator has hereunto set its hand in duplicate this day of 2010. ' JBS PROPERTIES, INC., a Washington corporation ' By: RICHARD S. VANDER WEKEN JAMES D. BECKETT President, Vice- President ' By: WILLIAM J. FRODSHAN Secretary /Treasurer Page - 4 FINNEY, FALK, LAWRENCE- SERREY S NAUGHT, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 DOC. POST OFFICE BOX 1586 �/ YAKMKK, WA 98907 INDEX TELEPHONE (509) 453 -5604 RECEIVED APR 0 9 2010 CITY OF YAKIMA DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENR4AR1bING DIV. RESERVATIONS. ' This Declaration is made by and among JBS Properties, Incorporated, a Washington corporation (the "Developer"), and The Rabbit Patch LLC, a Washington limited liability company (Seller "), and is intended to benefit, in addition to Seller and Developer, Gang Griggs and Vera Griggs and their successors in interest to Yakima Count Assessor Parcel No. 181317 - 33441, as of this day of ,2009. RECITALS ® A. Concurrently herewith, Developer is acquiring from Seller the real property described in Exhibit A attached hereto (the "Property.') and intends to develop such property as a residential subdivision. . B. Seller's principals own the adjacent property (herein, the "Seller's Parcel "), commonly known as Yakima County Assessor Parcel No. 181317 -33441 and legally described as follows: Legal Description to be inserted ' C. To enhance the value of the Property, Developer and Seller desire to declare and establish the following covenants, conditions, restrictions, easements, and reservations for the benefit of both Property and Seller's Parcel. DECLARATION 1. Definitions, Unless otherwise expressly provided, the following words and phrases, when used in this Declaration shall have the following meanings; (a) "Common Areas" shall mean those portions of the Property (including the improvements and facilities thereon) designated herein for the common use and benefit of identified properties, including roadways, walkways, parking areas, open space and community recreational -areas and facilities. l (b) "Construction" and "Constructed" shall mean any construction, reconstruction, erection or alteration of an improvement, except wholly interior alterations to a then existing structure. (c) "Griggs" shall mean Gprry Griggs and Vera Griggs and/or the successors in interest to Seller's Parcel as defined in section B above. ' (d) "Improvements" shall mean any man -made undertaking which would modify the physical appearance of any Lot or the Common Area, including construction of structures (residences, guest houses, garages, shops, sheds, pools, gazebos, platforms, decks or constructed patios); driveways, parking pads or other surface modifications where a vehicle will be parked or driven; or any other construction activity which would result in materials impacts'on adjourning properties and /or owners. Improvements shall also include any remodel or addition to an existing structure. t(e) "Lot" shall mean each legally platted parcel of land within the Property with the exception of the Common Areas. ' (f) "Manager" or "Property Manager" shall mean Developer or such entity appointed by JBS Properties, Inc. to manage and adminlster the Declaration and perform duties and responsibilities hereunder with respect to management, maintenance, repair, assessment and errforcement within the Property. . (g) "Owner" shall mean the record owner of fee simple title to a Lot within the Property, but shall exclude persons or entities having any Interest merely as security for the performance of any obligation. If ' a Lot is sold under a recorded contract for sale, the purchaser (rather than the fee owner) shall be .1 f DOC. IiVDEX # -� RECEIVED ' APR 0 9 2010 considered the "Owner" of the property CITY OF YAKIMA (h) "Plans" shall mean site plan, b'uilding'•plan and landscape plan presented for ref"IMING DIV. approval by Developer of Manager. (i) "Plat" shall mean the recorded plat of the Property, and any amendments, corrections or addenda thereto subsequently recorded. Q) "Structure" shall mean any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailboxes, swimming pool, rockery, dog run or the like. 2. Uniformity of Use and Appearance. One of the purposes of the Declaration is to establish design criteria and use restrictions which preserve and enhance the living environment and assure quality of workmanship, materials, design, maintenance and location for any and all structures and improvements within the Property and ensure and protect Seller's Parcel's views over the Property. It is in the best interest of each Owner that such standards be maintained and coordinated with the overall development of the Property. Manager reserves the right, in its sole and absolute authority, to review and approve or disapprove any and all ;proposed construction, alteration, or improvement of buildings, structures, landscaping, fences and exterior lighting placed on each Lot. 3. Design Review - Improvements. No structure or improvement (including any remodel and/or alteration affecting exterior appearance) shall be constructed or caused to be constructed on any Lot. unless and until a complete set of plans and specifications for buildings, structures and /or site improvements have been submitted to and approved in writing by Manager and in reaching a decision thereon, Manager shall use its best efforts and judgement to assure that all improvements shall produce and contribute to an.orderly and aesthetically complimentary design and appearance to be of a quality required to maintain the Property, as. a first -class residential development. Approval by Manager shall be based, among other things, on: (i) ooht istency with development standards set forth in this Declaration; (ii) conformity and harmony of external design with neighboring improvements; (iii) the affects of location . and use of proposed improvements on neighboring Lots and Common Areas; (iv) natural landscaping of the Lot in relation to that of neighboring Lots; and (v) proper facing of the main elevation with respect to adjacent Lots and Common Areas. Excluded from the aforesaid covenant is any•aceess road that may be constructed to the east of Seller's Parcel. Additionally, no structure will be approved or constructed on that portion of the Property which is directly south of the Seller's Parcel. with any point of said structure having an elevation higher than the elevation of 15.69.55, as measured in. relationship to a 2 -1/2" aluminum cap in a monument case at the intersection of North 80th Avenue and Scenic Drive being at station 42 } 34.71 of Scenic Drive Extension Project No. C3078 plans, which cap has an elevation of 1595.01 feet. For the purpose of this paragraph, the clause "directly south" shall be defined as any portion of the Property which is east of the line that is formbd,by extending the western boundary of Seller's Parcel directly south through the Property. 4. Time Table for Construction. Any approved plans and/or specification's for improvements to a Lot shall be subject to a reasonable time table for completion, including landscaping of the Lot. Any improvement shall be completed within one (1) year following date of commencement of construction, provided that such period of time may be extended due to weather and /or other exceptional circumstances. 5. Construction Period Activities. ;During construction of any improvement on a Lot the Owner and their agents and contractors shall bejesppi nsible to take steps reasonable or necessary to minimize unreasonable, excessive or persistent construction impacts upon neighboring properties. Work on exterior portions of improvements shall•be prohibited on Sundays or holidays. B. Size - Minimum Square Feet. In order to assure the coordinated development of the Lots, the following minimum size requirements (exclusive of garages, decks and porches) are established for the identified lots: 2 DOC. . INDEX �1� RECEIVED APR 0 9 2010. 'I Single story: 2,200 square feet CITY OF YAKIMA Two story: 2,600 square feet PLANNING DIV. 'I 7. Lot Size. No Lot (or portion thereof} shall be divided or transferred where a resulting parcel shall be less than 20,000 square feet. There shall be a maximum of Thirteen (13) separate lots on the subject property. B. Local Codes. All buildin s ors in accordance with the applicable ' codes and regulations of Yakim In the event of a conflict between any applicable codes and these covenants the more restric iv�ion shall govern. .P g ' 9. Appearances. Unless otherwise approved by Manager, the foNowing design /construction requirements shall apply to all construction on the Property: 9.1 Roofing. No residence.or other building within the Property shall have a composition (i.e., asphalt, three - tabbed shingles), aluminum, flat gravel or tarred roof. Acceptable roofing material shall consist of wooden shingles or shakes, architectural composition or tile; provided, however, that modern roofing materials generally acceptable and used in high - quality residential construction shall be ' allowed if reviewers and approved by Manager. 9.2 Residence /Exterior. All exterior portions of a single-family residence shall be constructed of.brick, stone, stucco, or wood product approved by Manager. The architecture of each residence (including siding) shall be uniform and consistently applied to all exterior sides of the single - family residence. Those portions of the structure not constructed of ornamental masonry•or brick shall be painted with two coats of paint or stain in colors consistent with development design and standards ' established by Manager. No residence or other structure shall be erected on a Lot within the subdivision which contains synthetic siding such as fiberglass or aluminum: provided, however, that modern siding materials generally acceptable such as harde -plank and used In high quality residential construction may ' be allowed following review and approval by Manager. All wood siding used on residences shall be individual board siding, such as cedar or redwood; and no plywood sheeting, T -111 or similar type siding shall be allowed within the Property. Fronts• of shall have_at least 40 %, brick, stone, Stucco or other decorative material.that may be approved by Manager. r9.3 Garages. Each residence shall be constructed with a garage that holds at least three (3) full -sized automobiles and have no more than three (3) single -car garage doors or two (2) double -car garage doors facing the street. All automobiles (including pick -ups) must be parked in the garage or ' driveway of the residence. Guest vehicles may be parked on the street (if necessary) for a temporary period associated with the visit. No garage shall be constructed in such a way as to accommodate a recreational vehicle (RV) or oversized vehicle unless such structure is not visible from the roadway and such construction is approved in writing by Griggs or their successors in interest to Seller's Parcel, at their sole discretion. 9.4 Entry Walks. Porches and Decks. All front entry walks shall be concrete, exposed aggregate concrete, pavers or other products approved by Manager. All decks and wood porches shall be constructed of approved wood products or comparable high quality material approved by Manager. 9.5 Driveways. Ali driveways shall be constructed of concrete, exposed aggregate concrete paving, pavers, stamped colored asphalt or other approved materials (but not plain asphalt). 9.6 Chimneys. Any fireplace chimney shall be constructed of brick, masonry, stone, or stucco product approved by Manager in design review. 9.7 Utilities. All utilities shall be installed underground. DOC. INDEX 9.8 Approval of Landscaping Plan. All landscaping within the Property shall be subject to the approval of Manager. The term "landscaping" shall include an in -ground sprinkler system and shall ' predominantly comprised of lawns; shrubs, trees and bushes; and garden areas to be completed within six months of completion of the home. 9.9 Appearance of Lot. No refuse, garbage, disabled or unused motor vehicles or ' unsightly objects shall be allowed to be placed or to- remain anywhere upon the Lots. in the event that any Owner shall fail or refuse to keep a Lot free from weeds, underbrush, refuse piles, garbage; unused motor vehicles or other unsightly growth or objects, Manager may enforce this Declaration to abate of remedy '. the condition or violation. Such entry shall not be deemed a trespass and, for purposes of such entry, the Owner hereby grants to Manager an irrevocable license to enter upon their respective property. 9.10 Limitations on Landscaping. The use of large trees as part of an Owner's. landscaping plan shall be discouraged and no tree shrub or other planting shall exceed the elevation of 20 feet in height. In the event of lot Owner's landscaping includes any tree or other plant which establish a root system under the Common Areas, .including a street, subject lot Owner or Owners shall be solely ' responsible for all costs incurred to repair any damage caused directly or indirectly by said landscaping. In addition, Manager shall have the right; but not the obligation, to order removal of any tree, shrub or plant causing damage to the common areas or otherwise obstructing or impairing views from adjoining properties (irrespective of height), as determined by Manager. The cost of removal shall be borne solely ' by subject (of Owner. 10. Residential Uses. The Lots are reserved for single -family residential purposes and shall be subject to the following use restrictions designed to preserve, protect and enhance the residential character of such properties: 40.4 Parking. No commercial -type trucks, campers, trailers, motor homes, recreational vehicles, boats or trailers. (boat, utility, camping, horse or otherwise) shall be parked or permitted to remain on any Lot, unless the same is stored or.placed in a garage or in an approved screened carport. No such vehicles shall be parked overnight on any sheet adjoining a single family residence; provided that such vehicles belonging to guests may be temporarily parked in driveways or curbside areas adjoining the single - family residence. No motor vehicles, inoperative for reasons of mechanical failure, shall be parked and /or stored on any lot or in the street right -of -way for more than 72 hours. 10.2 Signs. No sign of any kind shall be displayed which is visible to the public on any Lot without the prior written .consent of Manager, except for customary "For Sale" signs in a form not prohibited by any rules or regulations of Manager. This restriction shall not.apply to any lots owned by ' Developer or an authorized builder. 10.3 Animals. No hgrses, livestock, poultry, reptiles, pigs, or other non domestic animals shall be kept on any Lot. All domestic animal enclosures must be kept in a clean, neat and odor free condition at all times. Any dogs must be controlled when outdoors. In the event that Manager determines that any pet is a nuisance, the Owner shall be responsible for correcting or alleviating the nuisance and otherwise controlling the animal.. All Owners shall also comply with applicable governmental laws, codes, t ordinances, and relations pertaining to pets and animals. 10.4 Temporary Structure. No structure of a temporary character, trailer, rent, garage, bar,.or other outbuilding shall be Installed, placed or used on any Lot as a residence, either' temporarily or ' permanently. Contractors may locate. temporary offices on site during a period of construction and upon approval by Manager. , 10.5 Clothes Lines. No washing, rugs, clothing, apparel or any other article shall be hung from the exterior of any structure or on a Lot'so as to be visible from the adjacent Lots or roadways, { RECEIVED DOC. APR- 0 9 2010 .INDEX CITY OF YAKIMA # PLANNING DIV. t C �r 10.6 Radio and Television AntennaslSatellite Dishes. No television or radio antenna shall be erected or placed on any Lot. -No satellite'receiving dishes more than twenty -four (24) inches in diameter may be permitted without review and approval by Manager. 10.7 Trash Containers and Debris. All trash shall be placed in sanitary containers either buried or screened so as not to be visible from adjoining structures, streets or of any kind. Yard waste and debris resulting.from landscaping work or construction shall not be dumped onto adjoining lots or streets or roadways.. Compost piles may be kept upon the lots provided they are kept in a clean, neat odorless and sanitary'condition.: 10.8 Offensive Activities. No noxious activity, including but not limited to.the creation of excess levels of noise, shall be carried on in any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other owners or tenants. 10.9 Underground Utilities. No outdoor overhead wire or service drop for the distribution of electric energy or telecommunications purposes nor any pole; tower or other structure supporting said outdoor overhead wires shall be erected, placed or maintained within a,Lot. All Owners shall use underground service wires to connect any structure to electric or telephone utility facilities. 11. Management and Adrninistretion. 11.1 Administration of Deciaration/Covenants. Manager shall have the power and responsibility to enforce the provisions bf this Dehfaration; and the adopted rules and regulations. The failure of any Owner to comply wjth the provislohi of this Declaration, or the rules and regulations will give rise to a cause of action to individual owners:and Manager and any aggrieved lot Owner or. Manager for recovery of. damages, or injunctive relief of both. Further, this Declaration is also recorded for the benefit of the Owner of Seller's Parcel. Therefore; the failure of any Owner to comply with the provisions of this. Declaration or rules and regulations will give rise to a cause of action to Griggs and /or the Owner of Seller's Parcel for recovery of damages, or injunctive relief for both. if a legal action Is brought to interpret or enforce compliance with the provisions of this Declaration, or the rules or regulations, the prevailing. party shall be entitled to judgement against the other party for its reasonable expenses, court cost, and attorneys' fees in the amount awarded by the Court. 112 Adoption of Rules and Regulations. Manager is authorized to adopt, amend, and revoke reasonable and detailed administrative ruies,and regulations necessary or convenient from time to time to Insure compliance with the general guidelines of this Declaration; to promote the comfortable use and enjoyment of the property; and to govern the consistent and uniform development and management of all Lots. The rules and regulations shall be binding upon all owners and occupants and all other persons claiming any interest in the Property. 11.3 Enforcement of Covenants /Assessments. Manager and Griggs and/or the Owner of Seller's Parcel shall have the right to enforce by any proceedings at law or in equity, these conditions, covenants, restrictions and reservations; any and all regular assessments, special assessments or service charges; enforcement and foreclosure of liens; and recovery of costs, expenses and damages reasonably incurred with respect to enforcement of abatement of violations and breaches hereunder. 12. General Provisions; . ' 12.1 Severability. The provisions�of this Declaration shall be independent and severable, and the unenforceability cf anyone provision shall not affect the enforceability of any other provision if the remainder affects the common plan. 1 1 12.2 Effective Date. This Declaration shall be effective upon recording. 12.3 Binding Effect. All present qnd future Owners and occupants of Lots or parcels shall be subject to and comply with the provisions of this Declaration, and any amendments thereto. The .5 0C. INDEX # _— RECEIVED APR 0.9 2010 CITY OF YAKIMA PLANNING�01V, r acceptance of a deed or conveyance for the entry into occupancy of any Lot or parcel shall constitute an agreement that the provisions of this Declaration and amendments are accepted and ratified by each such Owner and/or occupant, and that all such provisions shall be deemed and taken to be covenants running with the land and shalt bind any person having at any time an interest or estate in any lot or parcel subject to this Declaration. 12.4 Amendment. This Declaration may be amended.by a recorded document executed by Owners owing not less than 75 %0 of area of the Property subject to this Declaration and also by the Owner of Seller's Parcel. No amendment shall be valid without the approval of the Owner of Seller's Parcel, provided however that the Owner of Seller's Parcel shall not unreasonably withhold his consent to any amendment which does not adversely impact the Seller's Parcel. 12.5 Interpretation. This Declaration shall be liberally construed to effectuate the purpose of protecting and enhancing the value, marketability and desirability of Lots and parcels by providing a common plan for the development of the Property. Seller: The Rabbit Patch, LLC ` By: Garry Griggs, Manager RECEIVED APR 0 9 2010 Developer: CITY OF YAKIMA JBS Properties, Inc. PLANNING DIV. By: Its: A DOC. INDEX # ON LVA 0 � KO