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HomeMy WebLinkAbout01/19/2016 07 Preliminary Plat and Planned Development Agreement with Catalyss, LLC (Vicinity of Castlevale Rd and North 40th Ave)nun 11,1:1141r10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7. For Meeting of: January 19, 2016 ITEM TITLE: Open record public hearing and resolution on the proposed Development Agreement of C atalys s (formerly To s c anna) located in the vicinity of 40th Ave and Castlevale Road SUBMITTED BY: Joan Davenport, AICP, Director of Community Development Valerie Smith, AICP, Senior Planner SUMMARY EXPLANATION: Jim Laidler, on behalf of Catalyss, LLC, submitted a development agreement for Catalyss, a 66 lot residential master planned development located in the vicinity of Castlevale Rd. and North 40th Ave. This master planned development and plat received preliminary approval on August 18, 2009, by the Yakima City Council. The Development Agreement codifying all conditions of approval of the master planned development and plat are now ready for Council's consideration and approval. The Development Agreement was required primarily due to the proposed private streets within the project. Resolution: X Ordinance: X Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? Yes Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Conduct the public hearing and consider testimony. Staff recommends City Council approve the development agreement for Catalyss and the accompanying resolution authorizing the City Manager to sign the agreement. ATTACHMENTS: Description Upload Date D Memo to Counclill Catayss DevAgmt 1/8/2016 D Protmed ResOution Catayss 1/8/2016 D Protmed De Wopment Agmt Catayss 1/8/2016 D Exhibit A Parcell 11...egall [Description 10/13/2015 D Exhibit B Summary of IRPID 11/12/2015 D Exhibit C HE Recommendation 10/13/2015 D Exhibit 0 Summary of De Wopment Standards 11/12/2015 D Exhibit E PubIllic Meetings Summaries 11/12/2015 D Exhibit Site Pan 11/12/2015 D comment 10/14/2015 Type Cover Memo Resoll ution [Exhibit [Exhibit [Exhibit [Exhibit [Exhibit [Exhibit [Exhibit Backup Material Astir • VII611AA�. ANNE '1111Tti P di..ii'I�uu� DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division 129 North Second Street Yakima, WA 98901 MEMORANDUM TO: Yakima City Council and Jeff Cutter, Interim City Manager FROM: Planning Division Staff SUBJECT: 1/19/2016 Council Agenda item "Public Hearing for Catalyss Development Agreement" Date: January 8, 2016 On January 19th, 2016 the City Council will conduct an open record public hearing regarding the Development Agreement for the Planned Development now known as Catalyss, LLC, located in the vicinity of 40th Ave & Castlevale Rd. BACKGROUND This project has been ongoing since preliminary plat approval of the residential subdivision in 2009. At that time, the City Council, after recommendation from the Hearings Examiner, approved the residential subdivision as a Planned Development, file number PD#001-09, for 66 lots located at 4200 Castlevale Rd. The Developer under the previous name of Toscanna, LLC, has since changed their name to Catalyss, LLC. With this preliminary plat in 2009, the City required Conditions of Approval that must be met before the Developer may submit their Final Plat for the proposed residential subdivision, and before the Developer may move forward with building homes. These conditions often include, building or bonding for roads, sewer, and water pipes, basically the infrastructure necessary to serve the homes. One of the many Conditions of Approval for the Catalyss development from the 2009 decision, is for a formal Development Agreement between Catalyss, LLC (previously Toscanna, LLC) and the City of Yakima. This project included private streets, which require a Development Agreement for the on-going maintenance. The components of a Development Agreement include, but are not limited to: identifying number of lots within the subdivision, lot sizing, phasing plan, setbacks, circulation of traffic, available common areas, and any aesthetic standards or restrictive covenants. ACTION NEEDED The City Council is tasked with processing the Development Agreement by taking one of the following Actions: • Approve the Development Agreement as written, and sign the Resolution authorizing the City Manager to enter into the Development Agreement with Catalyss, LLC. • Approve the Development Agreement with modifications specified in the City Council's Findings of Fact, and direct Staff to prepare written Findings and updated Resolution authorizing the City Manager to enter into the Development Agreement with Catalyss, LLC. • Reject the Development Agreement and advise specific revisions needed to finalize the Development Agreement into an approvable document. RESOLUTION NO. R -2016- A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Catalyss, LLC. (herein after "Developer") to provide for the terms and conditions of development of a preliminary plat and planned development to be located in the vicinity of Castlevale Road and North 40th Avenue, in the City of Yakima. WHEREAS, the City of Yakima (herein after "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 - 36.70B.170, YMC Ch. 15.28.050 and YMC 14.10.090; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property Single Family Residential and Two Family Residential; and WHEREAS, Developer has obtained development rights for a single parcel of approximately 29 acres in the vicinity of Castlevale Road and North 40th Avenue, Yakima, Washington, (the "property") is legally described in the Development Agreement as Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, on May 11, 2009, Toscanna, LLC., submitted an application for a sixty-six (66) lot preliminary residential subdivision and planned development located in the vicinity of Fechter Road and Castlevale Road, (the "Project"); and WHEREAS, on May 18, 2009, the City issued a Notice of Application and Environmental Review for the Project; and WHEREAS, Developer has created separate legal parcels by a subdivision of the property, as defined in YMC 14.10.020 and described in YMC Chapter 14.20; and WHEREAS, the specific proposed use of the property identified by Developer is that of a residential master planned subdivision; and WHEREAS, Developer intends to take appropriate steps to comply with environmental and land use requirements related to development of the property; and WHEREAS, the City Planning Division conducted environmental review of the Project under the State Environmental Policy Act ("SEPA") and issued a Final Mitigated Determination of Nonsignificance ("MDNS") on the Project on June 12, 2009; and WHEREAS, as engineering for the approved preliminary subdivision progressed, the Developer determined that, in order to balance the site it would need to grade both Parcels A and B and move substantially more earth than originally disclosed in its original environmental checklist. On February 9, 2015 2015, the Developer submitted a revised environmental checklist to the City. On February 27, 2015, the City issued an addendum to the Mitigated Determination of Nonsignificance; and WHEREAS, on July 9, 2009, the Hearing Examiner held an open record hearing in consideration of the Project; and WHEREAS, on July 22, 2009, the Hearing Examiner issued his land use recommendation proposing that the Project be approved subject to conditions; and WHEREAS, on August 18, 2009, after notice duly given according to the requirements of the City of Yakima Municipal Code, the City Council held a closed record public hearing and adopted the recommendation of the Hearing Examiner, and directed the City Legal Department to prepare appropriate legislation to approve the preliminary plat and planned development subject to the obligation of the Developer to enter into a development agreement with the City to implement the conditions set forth in the Final Decisions; and WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decisions for the execution of a development agreement between the Developer and the City to implement the conditions set forth in the Final Decisions; and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Development Agreement. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL this 19th day of January, 2016. ATTEST: Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk After Recording Return To: City Clerk, City of Yakima 129 North 2nd Street Yakima, Washington 98901 Document Title: Development Agreement Grantor: Catalyss, LLC Grantee: City of Yakima Abbreviated Legal Description: Parcel A (Yakima County Assessor's Parcel Number 181315-31011): Section 15 Township 13 Range 18 Quarter SW: TH PTN N1/2 OF N1/2 OF SW1/4 LY S'LY AND E'LY OF R/W OF YAKIMA VALLEY CANAL COMPANY ALSO TH PTN SW1/4 OF NE1/4 OF SW1/4 ALSO SEILY E'LYO OF R/W OF YAKIMA VALLEY CANAL COMPAY AND N'LY OF A LINE BAAP ON E LN OF SD SW1/4 NE1/4 SW1/4, 659.90 FT S OF NE COR, TH N 86^ 40' 00" W 1115 FT M/L TO ELY R/W LN OF SD CANNE'LY OF FOL DESC LN: BEG SW COR OF NE1/4 SW1/4, TH S 89^ 59' 18" E 658.19 FT, TH S 89^ 58' 52" E 69.77 FT TO W'LY R/W OF N 40TH AVE, SD PT BEING ON CURVE CONCAVE TO E HAVING A RADN'LY AL SD R/W CONSUMING A CEN ANG OF 00^ 09' 48" AN ARC LENGTH OF 2.99 FT, WITH CORD BEARING OF N 02^ 21' 39" E TO POB OF SD LN; TH N 89^ 58' 52" W 304.46 FT TO PT OF CUR CONCAVEA RAD OF 225 FT, TH NW'LY AL SD CUR WITH CEN ANG OF 64^ 37' 09" AN ARC LENGHT OF 253.76 FT, TH N 25^ 21' 42" W 466.72 FT TO PT OF CUR TO LEFT HAVING A RAD OF 150 FT, TH NW'LY AL SDOF 33^ 00' 26" AN ARC LENGHT OF 86.41 FT TO YAKIMA VALLEY CANAL COMPAMY R/W AND TERM SD LN Development Agreement -1 Parcel B (Yakima County Assessor's Parcel Number 181315-34037): Section 15 Township 13 Range 18 Quarter SW: BEG 659.90 FT S OF NE COR SW1/4 NE1/4 SW1/4, TH N 86^ 40' 00" W 1115 FT FT M/L TO E LN YAKIMA VALLEY CANAL R/W, TH S'LY & E'LY ALLN OF NW 1/4 SE1/4 SW1/4, TH N AL SD E LN 375 FT M/L TO POB, EX BEG 659.90 FT S OF NE COR SW1/4 NE1/4 SW1/4, TH N 86^ 40' 00" W 214, TH S 337.60 FT TO NE'LY R/W LN OF YAKIMA VALLEYSD R/W TO E LN OF NW 1/4 SE1/4 SW1/4, THN 375 FT TO POB Tax Parcel Nos. 181315-31011, 181315-34037 Cross Reference: None Development Agreement - 2 DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND CATALYSS, LLC FOR CATALYSS PLANNED RESIDENTIAL DEVELOPMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between the City of Yakima, a Washington municipal corporation ("City"), and Catalyss, LLC, a Washington limited liability company ("Developer"). WHEREAS, the City is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 - 36.70B.210, YMC 14.10.040(B) and YMC 14.10.090; and WHEREAS, Developer owns property referred to herein as Parcel A (Tax Parcel 18131531011), a 22.8 acre property located along Castlevale Road across from the Seattle Slew Run Intersection Yakima, Washington and Parcel B (Tax Parcel 18131534037), a 5.97 property adjacent to the south of Parcel A. Parcels A and B collectively are referred to as the "Property." The Property is legally described in Exhibit A; and WHEREAS, the City has approved a preliminary subdivision and creation of a planned development with certain amenities on Parcel A. The subdivision and planned development, formerly known as Toscanna and later as Vincitore, are now known as Catalyss; and WHEREAS, the approved preliminary subdivision includes 66 single-family residential common wall lots on approximately 9.61 acres in Two Family Residential District (R-2 District) and private access streets serving the residences resulting in an overall project size of 11.05 acres. The remaining 11.75 acres of Parcel A were reserved for future phases of the subdivision and planned development; and WHEREAS, as engineering for the approved preliminary subdivision progressed, the Developer determined that, in order to balance the site it would need to grade both Parcels A and B and move substantially more earth than originally disclosed in its environmental checklist. On February 9, 2015 2015, the Developer submitted a revised environmental Development Agreement - 3 checklist to the City. On February 27, 2015, the City issued an addendum to the Mitigated Determination of Nonsignificance; and WHEREAS, based on market conditions and costs of development. Developer has submitted long plat for entire site that consists of 12 phases, and will begin development in the northwestern portion of Parcel A in the R-1 district. The 66 -lot approved preliminary subdivision will be developed as later phases; and WHEREAS, Developer intends to take certain steps to comply with environmental and land use requirements related to development of the Property; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned a portion of Parcel A R-2 District (the 66 single family common wall lots) and the remainder of Parcel A and all of Parcel B R-1 District; 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. Elements of the Proposed Development. Developer's proposal for the Property is hereby acknowledged and warranted to be for the purpose of constructing a phased residential subdivision and planned development on Parcels A and B. The phased subdivision and planned development is referred to herein as the "Proposed Development." The development is anticipated to be no more than 12 phases. Consistent with YMC 15.28.035.D, each phase will contain adequate infrastructure and landscaping in order to allow the phase to stand alone in the event no subsequent phases are developed. The Proposal Development is composed of the following elements and subject to the following development standards: 1.1 Maximum number of lots: 140 1.2 Minimum lot size: 1.2.1 R-2 District: 4,000 square feet. 1.2.2 R-1 District: 6,000 square feet. Development Agreement - 4 1.3 Setbacks: 1.3.1 Side yard in the R-1 District: 5', and 32.5' from centerline of private road. 1.3.2 Side yard in the R-2 District: if the dwellings are attached, 0' on one side, 5' on the other; if the dwellings are detached, 5' on both sides, and 32.5' from centerline of private road. 1.3.3 Rear yard: 15' 1.3.4 Front yard: 37.5' from centerline of private road. 1.4 R-2 Zone residential development: Not more than 66 single-family attached (common wall) or detached dwelling units on separate lots together with accompanying amenities in multiple phases in the R-2 zoned portion of Parcel A. Common wall lots will be a minimum of 35 feet wide as measured at the rear of the required front yard setback. Developer acknowledges that detached dwelling units would require reconfiguration of the lots in the approved preliminary plat to increase the lot size and may require additional City review and/or approvals. 1.5 Circulation: This development will be a gated community with private streets, a minimum 4' wide sidewalk and street lights on one side of the street only, and a common mail kiosk. 1.6 Open Space: Open spaces will be provided for activities. 1.7 Community Recreation Center: A community recreation center may be provided in a future phase. 1.8 Aesthetics: All development will be designed to high standards and will be well maintained, utilizing natural colors, textures and landscaping features to compliment the surroundings. 2. The proposed common wall development. For the R-2 zoned portion of Parcel A the Developer proposed construction of not more than 66 single-family attached (common wall) dwellings on separate lots together with accompanying amenities in multiple phases. 2.1 Single-family attached (common wall) dwellings are classified as a Type 1 use in the Two Family Residential District. Development Agreement - 5 2.2 The application 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 July 22, 2009 and approved by Yakima City Council Resolution R-2009-109 on August 18, 2009. Resolution R-2009-109 and the Hearing Examiner's Recommendation, are attached hereto as Exhibit B and incorporated herein by this reference as if set forth in full. Exhibit C contains a narrative summary of the proposed common wall development. Exhibits D and E contain a summary of development standards and public meeting summaries, respectively. 2.3 Developer agrees to abide by the terms and conditions of approval contained in Resolution R-2009-109, including construction of all infrastructure described on the plat/planned development site plan map attached hereto as Exhibit F 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 and the City Council's approval and the terms of this Agreement. Developer agrees that the use of the R-2 zoned portion of Parcel A 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 June 12, 2009 as supplemented by the Addendum to the Mitigated Determination of Nonsignificance issued by the City of Yakima on February 27, 2015 copies of which are attached hereto as Exhibit II 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. 3. Additional Permits or Approvals. Subject to the vesting provisions of § 12, Developer agrees to abide by the conditions of such further or additional land use permits or other regulatory permits or approvals as may be identified in the MDNS, or as may otherwise be required by applicable federal, state, and local law including but not limited to the City's Title 12 and all other applicable development standards, all as the same currently exist or may be hereafter amended; provided, however, that the procedures and substantive rules of the City's Planned Development ordinances, as codified at Ch. 15.28 Yakima Municipal Code and attached hereto as Exhibit I 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. "Additional permits or approvals" include, but are not limited to, the requirement that Developer obtain a storm water ("SWPPP") permit the that includes submission of a drainage report subject to approval by the City's Surface Water Engineer, submission of any Development Agreement - 6 applicable storm water pollution prevention plan or erosivity waiver, and maintenance agreement. 4. Declaration of Covenants, Conditions, Restrictions and Easements. Developer agrees to abide by all such conditions as are identified as a part of the Declaration of Covenants, Conditions, Restrictions and Easements for Catalyss attached hereto as Exhibit G, which are incorporated herein by this reference as if set forth in full. 5. 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. 6. No third party beneficiary. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 7. Third party legal challenge. In the event any legal action or special proceeding is commenced 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 attorney's 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. 8. Term. This Agreement shall continue in force for a period of thirty-five (35) years unless extended or terminated as provided herein or when the Property has been fully developed, whichever first occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole reasonable discretion of the City. Provided, however, that termination of this Agreement shall not affect any of Developer's obligations to comply with the Yakima Urban Area Comprehensive Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements approved with respect to the Property or Proposed Development. Termination of this Agreement shall not affect any of Developer's obligations herein which expressly or by implication are to continue after the termination of this Agreement; 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 not be accepted by the City of Yakima as public streets Development Agreement - 7 unless, prior to any public dedication of the private streets in the Planned Development, the streets are reconstructed to meet the City street standards at the expense of either the Developer or the Catalyss Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G. 9. City's reservation of rights/Phasing. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170. Provided, however, that this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City the authority which is prohibited by law from being subject to the mutual agreement with consideration of parties acting under Ch. 36.70B RCW. Without limitation, this shall include the right of the City to impose new or different conditions on the Property to the extent required by a serious threat to public health and safety. The City acknowledges that the Proposed Development will be phased as shown on Exhibit J and that timing, sequence of, and configuration of the phases may change in response to market conditions. The Developer acknowledges that any material change to the phasing plan may require the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA and other applicable law. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City or any of its officials or officers in complying with or applying applicable law during review of specific project proposals or other subsequent phases of the Proposed Development. 10. Developer's warranties and representations. Developer represents and warrants to City that Developer has a property interest in the Property, and that the covenants and obligations of Developer in this Agreement and in the permits, approvals, and entitlements associated with this Agreement and the Proposed Development do not violate or constitute a default under or breach of any agreement between Developer and any third party by which Developer is bound. Developer represents and warrants to City that Developer is fully authorized to enter into and perform its obligations under this Agreement. Developer represents and warrants to City that there is neither pending nor, to the knowledge of Developer, any threatened legal action, arbitration or administrative hearing before any governmental authority to which Developer is a party and which could enjoin or restrict Developer's right or ability to perform its obligations under this Agreement. 11. Modification of an approved master planned development overlay. Modifications to the approved adopted master development plan and/or this Agreement may be requested from time to time. Implementation of the master development plan shall be reviewed through the Type (1) review process. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (2) review. Major modifications will undergo Type (3) review. The following criteria are established to assist this determination: Development Agreement - 8 A. Type (1) Review Projects or Actions. Type (1) review process shall be applied to future Class (1) projects or actions in compliance with an approved master development plan and development agreement; and B. Type (2) Review Projects or Actions. Type (2) review process shall be applied for minor modifications to an approved master development plan or development agreement. A change or amendment to the approved master plan shall be deemed a "minor modification" if, in the reviewing official's discretion, the following criteria are satisfied: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total floor area of nonresidential uses by more than five percent; 3. The amendment does not materially change the type and character of approved uses; 4. The amendment does not materially change parking or traffic circulation within the development; 5. The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; 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. C. Type (3) Review Projects or Actions. A major modification to the master development plan shall be subject to a Type (3) review and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. Type (2) and (3) review shall be conducted consistent with the provisions of YMC Chapters 15.14 and 15.15, respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original master development plan and development plan approval shall be followed. (Ord. 2008-46 § 1 (part), 2008). Development Agreement - 9 12. Vesting. Subject to the limitations stated below, , the Proposed Development shall be vested as provided in YMC 14.05.180 to development regulations, standards, conditions, and laws applicable at the time a complete subdivision application was filed May 11, 2009, inclusive of specific conditions and standards set forth in this Agreement. The vesting period shall be for the Term provided in § 8 above. During the vesting period the Developer 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 the public facilities of sanitary sewer and domestic water for a period of five (5) years from the date of this Agreement. Notwithstanding the above, the parties agree that Developer's submission of a complete application for a building permit shall only vest the Developer to the building codes in Title 11 YMC in effect at the time of submission of the complete application for a building permit for the structure(s) subject to such permit. Developer shall be required to retain the water quality storm on site. "Water quality storm" means the six-month, 24 hour storm. Subject to City's review and approval as required below, any excess storm water can go into the City storm line. Complete storm water design plans, specifications and runoff/storage calculations supporting the storm water design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards to which the Proposed Development is vested. These plans and control measures, including capacity of the City storm line to receive storm water in excess of the water quality storm, must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control ("UIC") wells are used in the construction design, the UIC wells must be registered with the Department of Ecology ("DOE") and a copy of the DOE UIC Well registration form and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer. 13. 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. 14. Agreement to be recorded. This Agreement may be modified only by written agreement of the parties hereto. This Agreement or a memorandum thereof shall be recorded against the Property as a covenant with the land which touches and concerns the Property and shall be binding upon the City and Developer, their heirs, successors and assigns, and all future owners of the property. Developer shall be responsible for the costs of recording. Development Agreement -10 15. Agreement approval. This Agreement may only become effective upon execution by the City of Yakima following adoption of a resolution approving the same following a public hearing in compliance with Ch. 36.70B RCW. 16. Entire agreement. This Agreement constitutes the entire agreement of the parties and incorporates all prior discussions and agreements. [Signature Page Follows] AGREEMENT DATED this CITY OF YAKIMA day of January, 2016. By: Jeff Cutter Interim City Manager ATTEST: Sonya Claar Tee City Clerk STATE OF WASHINGTON ) ) ss. County of Yakima ) CATALYSS, LLC, a Washington limited liability company By: Name: Title: I certify that I know or have satisfactory evidence that Jeff Cutter, personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Interim 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. Development Agreement -11 DATED: , 2016. Notary Public Residing at Commission expires: STATE OF WASHINGTON ) ) ss. County of ) I certify that I know or have satisfactory evidence that personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Catalyss, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2016. Notary Public Residing at Commission expires: Development Agreement -12 Exhibit A: Legal description of Property Development Agreement - 10 PARCEL A THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., LYING SOUTHERLY AND EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY. AND THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING EASTERLY OF THE RIGHT OF WAY OF THE YAKIMA VALLEY CANAL COMPANY AND NORTHERLY OF A LINE BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, 659.00 FEET SOUTH OF THE NORTHEAST CORNER THEROF; THENCE NORTH 86'40'00 WEST 1,115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF SAID CANAL; EXCEPT THAT A PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89'59'18" EAST ALONG THE SOUTH LINE THEROF 658.19 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 89'58'52" EAST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEST QUARTER OF SAID SECTION 15 A DISTANCE OF 69.77 FEET TO THE WESTERLY RIGHT OF WAY OF NORTH 40TH AVENUE, SAID POINT BEING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1050.00 FEET; THENCE NORTHERLY ALONG SAID RIGHT OF WAY, CONSUMING A CENTRAL ANGLE OF 0'09'48", AN ARC LENGTH 2.99 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 02'21'39" EAST TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 89'58'52" WEST 304.46 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF 225.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 64'37'09" AN ARC LENGTH OF 253.76 FEET; THENCE NORTH 25'21'42" WEST 466.72 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 33'00'26" AN Development Agreement - 11 ARC LENGTH OF 86.41 FEET TO THE YAKIMA CANAL COMPANY RIGHT OF WAY AND THE TERMINUS OF SAID LINE. PARCEL B THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING 659.9 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE NORTH 86'40' WEST, 1115 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF THE YAKIMA VALLEY CANAL; THENCE SOUTHEASTERLY, ALONG SAID RIGHT OF WAY LINE, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH, 375 FEET TO THE POINT OF BEGINNING; EXCEPT BEGINNING 659.9 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.; THENCE NORTH 86'40' WEST, 214.00 FEET; THENCE SOUTH 0'00' EAST, 337.6 FEET, MORE OR LESS, TO THE NORTHEASTERLY RIGHT OF WAY LINE OF THE YAKIMA VALLEY CANAL; THENCE SOUTHEASTERLY, ALONG SAID RIGHT OF WAY LINE, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH, 375.00 FEETTO THE POINT OF BEGINNING. Development Agreement - 12 Exhibit B: Narrative Summary of Preliminarily Approved R-2 Zone residential development Development Agreement - 13 A Residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban Area Zoning Ordinance and Preliminary Subdivision to create 66 Single - Family Residential common wall lots, located on approximately 11.05 acres. The residential lots will be located within the R-2 District and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of Parcel A located within the R-1 District would be held in reserve for future development. The common wall lots would be developed in multiple phases, with streets terminating in circular gravel turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. Development Agreement -14 DE.PARTM1 TO CM UNITY AN ECONOMIC YF PMX N:T 1.,'9 e rod`:rif n l �"��i"C,���'" ��������d`i`�P �s ������� ��,�D�ditlf"d"oN�d '4 Pb11..„ifs.1,relµelf.7,i5yfIC("0`a f`"�P I�,N'�4irn .11,7 CI IJ" 1711 NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION July 27, 2009 For the Record/File On July 9, 2009 the City of Yakima Hearing Examiner held an open record public hearing for the preliminary plat and planned development of Toscana, Phase 1 (PD#001-09, PLP#001-09). The application was submitted by Envizage Development Group, to construct a residential development which consists of 66 common -wall lots and gated, private streets. The Hearing Examiner rendered his recommendation for approval, subject to conditions, on July 22, 2009. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The project is subject to hearing before City Council, which is tentatively scheduled for August 18, 2009. The City Clerks office will send official notices of the date of the hearing once it is set by City Council. For further information or assistance you may contact Joseph Calhoun, Assistant Planner at (509) 575-6162. Joseph Calhoun Assistant Planner Date of Mailing: July 27, 2009 Enclosure: Hearing Examiner's Recommendation City of Ya a, Washington Office of the Hea g Examiner Master Planned Development and Preliminary Subdivision Application By Env ge Development Group For the 66 Unit Toscanna I Development in the R-1 and R-2 Zone at Castlevale Rd. and Seattle Slew Run. File No. PD #001-09, PLP #001-09 Hea g Ex INTRODUCTION. I I iner's Recommendation Envizage Development Group applied for a Master Planned Development Zoning Overlay and Prelimi Subdivision Review On May 11, 2009. The underlying property is owned by Toscanna, LLC. A Master Planned Development Overlay (PD) rezone includes a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities. The overlay must be incorporated into a Development Agreement entered between the property owner and the city and recorded with the County Auditor. In this case, the project includes the development of 66 common wall single family residences, served by a gated private road. An open record hearing on the applications was convened on July 9, 2009. City Planning s provided a . ' report and a set of hearing exhibits to the Hearing Examiner and the applicant prior to the hearing. Staff analysis and recommendations for application approval were presented at the hearing by Assi t Planner Joseph Calhoun. The staff presentation indicated that the project would largely comply with development standards with the exception of the sidewalks associated with the private road. The applicant was represented at the hearing by Richard Wehr of PLSA Engineering -Surveying -Planning. Public comment was favorable to the proposed project, though there was one request that construction activities not be conducted to as late as 10:00 p.m. Mr. Wehr indicated that the applicants did not object generally to ending construction activities earlier than 10:00 p.m. SUMM , . Y OF CO ATION. The Hearing Examiner recommends approval, subject to conditions, of the Master Planned Development Overlay and Preliminary Subdivision applications. Based on the . report and exhibits, a view of the site, comments received at the open record hearing, and a review of the City of Yakima Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance, Development Standards Ordinance, the Hearing Examiner makes the following DINGS. I. APPLIC . The applicant is Envizage Development Group, 200 Galloway Drive, Yakima, WA, 98908. 2. 0 ER. Toscanna, LLC, 200 Galloway Drive, Yakima, WA, 98908. 3. LOCATION D LEGAL DECRIPTION. This property is located in the vicinity of Castlevale Road and Seattle Slew Run west of North 40Th Avenue. The legal description of the property is included in Hearing Exhibit B-2. 4. PARCEL NO(S). The affected Assessor's . parcel number is 181315-31011. 5. APPLICATION. The application is for a residential Master Planned Development Overlay pursuant to Chapter 15.28 of the Yakima Urban • - a Zoning Ordinance and for review of Preliminary Long Plat to create 66 Single -Family Residential common wall lots, located on approximately 9.61 acres, coupled with an environmental review. The residential lots would be located within the R-2 use district and would have a minimum area of 4,000 square feet. Private access streets serving the residences result in an overall project size of 11.05 acres. The plan includes 2.76 acres of common areas. The remaining balance of the original 22.63 acre parcel located within the R-1 use district would be held in reserve for uns • ified fu development. The common wall lots would be developed in four phases, with streets terminating in hammerhead turnarounds until the completion of the final phases and the associated street completion. Sidewalks and streetlights would be provided on one side of the private streets. Access to the subdivision would be gated. The balance of the current property would be held in reserve pending favorable economic development conditions. 6. C P1 NT SITE CO p ITIONS. An irrigation c follows and demarcates the property's western boundary. The westem portion of the property is moderately sloped downward from west to east, and is only slightly sloped in the vicinity of the existing buildings. A storm drainage - ement runs from the southwest comer easterly through the center of property. Castlevale Road bounds the property to the north, providing road frontage. Kern Road extends to the property from the east from its intersection with North 40`" Avenue. Electrical and telecommunications services, na . gas, and public water and sewer services are available in the vicinity. Page 2 of 12 Toscanna I PD #001-09, PLP #001-09 7. CU'' NT ZONING AND USE. The subject property is zoned Two -F ily Residential (R-2) in the - tem portion and Single F. • ily Residential (R-1) in the western portion. It was previously used as an orchard and contains a single f ily dwelling and accessory buildings. The surrounding properties in all four directions are zoned R-1 and are used for single f. ily homes. Adjacent properties have the following ch. cteristics: Location North South West East 8. COMPRE NSIVE PL RECEIVED Zoning Land Use R -1/B-1 Residential/Vacant Land JUL 2 2 2009 R -1/R-2 Residential R-1 CITY OF YAKIMA RReessiiddeennttiiaaI/M1obile Home Park PLANNING DIV. R -1/R-3 The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as medium density residential. 9. ENVIRON NTAL REVIEW. The City of Yakima has conducted a SEPA Environmental review for the proposed development (SEPA #020-09). A Mitigated Determination of Non Significance (MDNS) was issued on June 12, 2009 which included 18 mitigation measures, listed below. 1. No development permit shall be issued prior to the iss ce of a Certificate of Zoning review. 2. Con • . tors doing cle' 'ng, grading, paving, con I ction or landscaping work must file a dust control plan with Yakima Regional Clean Air Authority (YRC ). Burning is prohibited at all times during land cle. 'ng. 3. Prior to demolishing any struc s, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor. Notification of the demolition shall be filed with YRC 4. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. 5. A NPDES Construction Sto water General Permit from the Washington State Dept. of Ecology is required. The permit requires that Storm ter Pollution Prevention Plan (Erosion Sediment Control Plan) is prep. -d and implemented for all permitted construction sites. Permit coverage and erosion control measures must be in place prior to any cle "ng, grading or construction. These pl. and control measures must be reviewed and approved by the City of Yakima's Engineering Division prior to construction. Page 3 of 12 Toscanna I PD #001-09, PLP #001-09 6. The applicant will be required to retain the water quality storm2 on-site. Any excess stormwater can go into the City storm line. Complete stormwater design pl specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the • . 'nage design, the UIC wells must be registered with the Dep. ent of Ecology (DOE) and a copy of the DOE UIC Well registration fo • and registration number(s) shall be delivered to the City of Yakima's Surface Water Engineer, 7. Public waterlines are required to be looped throughout the site. New waterlines shall be placed in the street and connect to the existing waterline in Castlevale Rd, and in Kem Way. The size of waterline(s) will be dependent on the required fireflow for the buildings. 8. Sanitary sewer line size to be determined during formal plan review. As indicated on the site plan, a 12 -inch stub shall be provided for future extension to the lift station near the canal. 9. All public utility lines on private property shall be located in a minimum 16 -foot easement. 10. Fire Dep. • ent Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). 11. The proposed gates shall comply with the 2006 IFC standards and be equipped with a Knox Box rapid entry system or Opticom system which will be approved by the fire code official. 12. ere required by the fire code official, fire dep. • ent access roads shall be marked with permanent NO P ' G -FIRE LANE signs complying with Figure D103.6 of the IFC. 13. Kern Road shall be maintained at a minimum of twenty -feet of paved surface. 14. A directory shall be posted outside the gate to help emergency vehicles find their way to any • - of emergency. 15. During project construction, all contractors shall adhere to the City of Yakima noise regulations regarding hours of construction. These hours are 6:00. to 10:00 pm Monday Friday, and 8:00 am to 10:00 pm weekends and holidays. 16. Five-fs e t sidewalks shall be installed along the Castlevale frontage. 17. Interior private s t design shall be reviewed and approved by City Engineering. 18. Parking and street lighting shall adhere to the standards of C § 15.06.100. Lighting shall be directed to reflect away from adjacent properties. The MDNS was not appealed. RECEIVED JUL 2 2 2009 CITY OF YAKINII- PLANNING DIV. 2 2 City Public Works characterizes the water quality storm as the "the 6 month, 24 hour storm." Page 4 of 12 Toscanna 1 PD 4001-09, PLP #001-09 10. PUBLIC NOTICES. E L. 2 2 200,9 CITY OF YAK .N O 0111., This application was subject to a requirement for public notification followed by twenty (20) days of review. Notice of this request was mailed to adjoining property owners on May 18, 2009; the last day for public comment on SEPA was June 8, 2009. During the comment period any person had the right to comment upon this request and to become a party of record to the application. No written comments were received. No objection has been received concerning sufficiency of notice. 11. STER PLA ED DEVELOP a. Master Plan Overlay Review Criteria. NT OVERLAY ANALYSIS. Generally, allowable uses in a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to T • • (1), (2), or (3) review. C §15.28.020(B)(1)(a, b and f). Common wall units are single family residences sharing a common with other similar units at the lot boundary. Such units are a Class (1) use in the R-2 use district. Review criteria for applications for a Master Planned Development Overlay are set forth in §15.28.040.D, and findings regarding the criteria are set forth in below. b. Does the Master Plan Development application demonstrate the economic and efficient use of land and provide for an integrated and consistent development plan for the site? The proposed development is consistent with the R-2 zoning district and, the Medium Density Residential future land use designation. Common -wall dwelling units - Class (1) • -tted uses in the R-2 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-2 zone for area (4,000 square feet) and common -wall property lot widths (35 - feet wide). The planned development/subdivision design is efficiently laid out and consists of private streets, common open space . - as, and common -wall lots. The site plan provides for an access street along the current boundary between the R-1 and R-2 use districts, thus promoting the efficient use of the R-2 property for common wall residential structures. The balance of the R-1 portion of the property is being c. Has the applicant identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration ofapplicable mitigation and site design? The Hearing Examiner may consider development . dards that are different from currently adopted development s . dards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. Page 5 of 12 Toscanna 1 PD #00I-09, PLP #001-09 The proposed residential uses within the planned development . • consistent with adjacent residential land uses to the west, south, and east. The proposed uses will not have a negative impact on future professional business uses to the north across Castlevale. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet city development standards. The only deviation from city standards is the proposed sidewalk on one side of the private streets, rather than providing for sidewalks on both sides of the street. This is acceptable, so long as the streets remain private. A note shall be placed on the face of the Plat stating "The streets wi " this plat . • private and do not meet the standards for public streets. The streets shall be reconstructed to meet the City S. dards at the expense of Homeowners Association established by the Development Agreement ( ) pe ..ning to this property prior to any public dedication of the streets." d. How are "low impact development" concepts considered in the plan? "Low Impact Development" is defined as stormwater management and land development strategies that emphasize conservation and use of existing na . site features inte i .ted with disturbed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings ( C § 15.02.020). This project eres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. e. Will there be adequate infrastructure capacity available by the time each phase of development is completed? This project is proposed to be completed in four ph. - s. Tempo turnarounds are proposed while the interim p . s are being constructed. Utilities will be provided for during individual ph. - construction. No agency or public comments indicate that the respective ph. - s cannot s d alone in the event that other phases are not developed. Does the Master Planned Development contain design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses, including appropriate setbacks, landscaping, sitescreening, buffers, and other design features and techniques? The project adheres to all applicable development s dards for landscaping, parking, setbacks and sitescreening. No adjustments to zoning standards are being requested. g. Have all potential significant offsite impacts including noise, s • • mg, glare, and traffic been identified and mitigation incorporated to the extent reasonable and practical? The SEPA MDNS dated June 12, 2009 contains findings and mitigation measures dealing with noise, light and glare, and traffic. An acoustical evaluation, completed on April 20, 2009, concluded that "The expected sound level from this development is similar to normal residential development." A Traffic Impact Analysis was completed in May 2009. The analysis concluded RECEI" Page 6 of I2 Toscanna 1 PD #001-09, PLP #001-09 JUL IJ C11 1' Lk' YAKIMA PLANNING DIV. that the project will be expected to generate roughly 709 daily trips, and that project i. ic is shown to not significantly impact any of the studied inte tions and no mitigation is required to alleviate project related impacts. The applicant also agreed to cease daily construction operations at 8:00 p.m. in response to public comments about noise impacts. h. Does the project design include appropriate consideration of open spaces and transportation corridors, desi: of streets and public open space amenities, resulting in the functio • 1 and visual appearance of one integrated project? The project is for a private/gated Master Pl. ed Development. Open spaces for the use of residents are provided. Sidewalks are provided on one side of the interior private streets. i. Is the proposed project adverse to the public health, safety, or welfare? The mitigation measures of the SEPA IP NS dated June 12, 2009, along with the reco ended conditions below, mitigate any identified adverse impacts to the public health, safety or welfare. j. Do the public benefits of approving the Master Planned Development outweigh the effect of modification of sta • • rds to the underlying zoning district? There , • no modifications being requested to the development standards of the R-2 zoning district. The request to have a sidewalk on one side of the private streets is not expected to have a negative effect since the streets will be private and the public will not have access. The City Engineer has approved the street layout in confi ation of this finding. k. Is the proposed development designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima? This review criterion does not apply in this instance. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING OW. 12. PRELI 1 , . Y SUBDIVISION ALYSIS a. Subdivision Review Criteria Open record hearings on preliminary subdivision reviews are conducted to ex dete ine whether or not the following s dards are satisfied: ine and 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordi ce; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; Page 7 of 12 Toscanna 1 PD #001-09, PLP #001-09 4. As required by Chapter 58.17 RCW, the proposed subdivision must make appropriate provisions for: a. Public health, safety and general welfare, b. Open spaces, RECE/VED c. Drainage ways, d. Streets or roads, alleys, and other public ways, e. Transit stops, JUL 2 2 2009 f. Potable water supplies, irrigation and other water suppliers, CITY OF g. Sanitary waste disposal, ANNING h. Parks and recreation, i. Playgrounds, j. Schools and school grounds, k. Sidew , 1. Other planning features that assure safe walking conditions for students who walk to and from school; Based upon those s. dards the Hearing Examiner is to make a finding that the public use and interest will be served through the approval of the subdivision. See C 14.20.100.A. b. Subdivision analysis. The proposed subdivision is consistent with the intent and provisions of the R-2 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-2 zoning district of 4,000 square feet for common -wall lots, and meet or exceed the minimum lot width of 35 -feet, as measured at the rear of the required front yard setback. As set out in the . report, the proposal satisfied zoning s . dards related to setbacks, building height, lot coverage and sitescreening. The Minor Modifications section of the • . * Toscanna Development Agreement, (p. 4-5) must be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by YMC § 15.25.080. The future land use designation of the property in the City of Yakima's Comprehensive plan is Medium Density Residential. The designation provides for densities between 7 and 11 dwelling units per acre. The proposed density in the unreserved property is 9.6 units per acre. In addition, the proposed development is compatible with the following goals and policies of the Comprehensive Plan: Goal 3.2: Build sustainable new neighborhoods. Policy 3.2.1: For large-scale residential projects, encourage development through Residential Planned Development (Residential PD) zone. Goal 3.3: Preserve existing neighborhoods. Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and aesthetic quality to an established neighborhood. Policy 5.3.2: Facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. Page 8 of 12 Toscanna 1 PD #001-09, PLP #001-09 This compatibility is reflected in the supportive public comments received from neighbors during the open record hearing. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance related to subdivision design. No objections to the subdivision have been registered by a: - cies, though numerous comments were offered on the proposal that specified conditions for assuring adequacy of project design and consistency of the subdivision with public health, safety and welfare development s dards. Those comments and proposed conditions set forth in the staff report. The conditions are included in the SEPA MDNS mitigation requirements. Similarly, agency and public comment were solicited and comments received that are pertinent to the requirements of RCW Ch. 58.17. These are included in the SEPA MDNS mitigation requirements. Based on the comments and the satisfaction of the conditions recommended by the agencies, the proposed subdivision will make appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; I . it stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe walking conditions for students who walk to and from school. The subdivision will facilitate the implementation of the Master P1: ed Development Overlay on the subject property, and, therefore ,serves the public use and interest. 13. JURISDICTION. Pursuant to RCW Ch. 58.17, C § 1.43.080, C § 15.28.040 and C § 14.20.100, the Hearing Ex iner is authorized to e a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. Based on the preceding findings, the Hearing Examiner makes the following CONCLUSIONS: RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. 1. The He, g Exiner has jurisdiction to make a recommendation for approval or disapproval to the City Council regarding the Envi7age Development Group Prelimi Plat and Planned Development applications.. 2. Subject to conditions identified through Planning Staff and Design Services Te review, the Master PI ed Development Overlay application satisfactorily addresses the review criteria set out in YMC §15.28.040.D, and suitable for inclusion in a Development Agreement as provided for C §15.28.050. 3. The draft Development Agreement should be modified so that Minor Modifications undergo a Type (2) Review, rather than a Type (1) Review, as required by C § 15.25.080. Page 9 of 12 Toscanna 1 PD #001-09, PLP #001-09 4. Subject to conditions identified • ugh Planning Staff and Design Services Team review and designed to assure compliance with Title 12 YMC, Title 14 C and Title 15 YMC, the preliminary plat of Toscanna I is consistent with the City of Yakima comprehensive plan, the City of Yakima Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. 5. As required by YMC 16.06.010 and 16.06.020, based on the consideration of foregoing findings pertaining to among other things, (1) the type of land use, (2) the level of development, (3) in • . truc , including public facilities and services needed to serve the development, and (4) the c cteristics of the development, the proposed project is consistent with applicable development regulations and the adopted comprehensive plan. 6. Because, as conditioned, the Master Planned Community Overlay application satisfies applicable review criteria, it should be recommended for approval. 7. Because the Toscanna I preliminary plat makes appropriate provision for public health, safety, and general welfare, open spaces, drainage, streets, sidewalks, parks and recreation, potable and irrigation water supply and waste disposal, or is consistent with city plans for providing such services or amenities, the prelimi . plat will serve the public use and interest and should be recommended for approval. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECO NDATION. The application by Envizage Development Group for a residential Master Planned Development Overlay, File No. PD#001-09, and pre • -nary subdivision review, File No. PLP#001-09, should be APPROVED, SUBJECT TO THE FOLLO G CO ITIONS: A. General Conditions: 1. The 18 mitigation measures of the SEPA 1 NS, dated June 12, 2009 (File SEPA #020-09), shall be binding conditions on application approval and shall be incorporated in the Development Agreement required for the Master Planned Development before its final execution. 2. All proposed construction is subject to plan review, ins permits. • tions, and building 3. Construction activities on the project site shall comply with the city noise ordinance, but noise generating activities shall not be conducted on site after 8:00 p.m. on a daily basis except as required to respond to reasonably oreseen emergencies. Page 10 of 12 Toscanna 1 PD #001-09, PLP #001-09 RECEIVED JUL 2 2 2009 CITY OF YAKIMA PLANNING DIV. wirituEl JLJL 2 2009 CITY OF YAKIMA B. Master Planned Development Overlay Conditions: KANN NG DIV 1. The applicant, all underlying property owners, and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.70B and all other laws applicable to development agreements. 2. The Development Agreement shall provide that, prior to any public dedication of the private streets in the Planned Development, the streets shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscana Homeowners Association, as the case may be, as determined in accordance with Declaration of Covenants, Conditions, Restrictions and Easements included as Exhibit G to the Development Agreement. 3. The draft Development Agreement shall be modified to include a summary of public meetings. 4. The section for Minor Modifications in the draft Development Agreement shall be changed so that Minor Modifications will undergo T • (2) Review. C. Subdivision Conditions for Final Plat: 1. A current title certificate shall be submitted to the City of Yakima, Department of Community and • nomic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2. A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. Prior to any public dedication of the private streets in the Planned Development, the s ts shall be reconstructed to meet the city street standards at the expense of either the Developer or the Toscana Homeowners Association as provided in the Development Agreement, AFN 3. The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat ( C Title 12). 4. All addresses shall be as specified as follows and must be clearly shown on the face of the final plat. Lot I: 639 Seattle Slew Run Lot 23: 706 Seattle Slew Run Lot 45: 805 Seattle Slew Run Lot 2: 637 Seattle Slew Run Lot 24: 708 Seattle Slew Run Lot 46: 807 Seattle Slew Run Lot 3: 635 Seattle Slew Run Lot 25: 735 Seattle Slew Run Lot 47: 809 Seattle Slew Run Lot 4: 633 Seattle Slew Run Lot 26: 733 Seattle Slew Run Lot 48: 8111 Seattle Slew Run Lot 5: 631 Seattle Slew Run Lot 27: 731 Seattle Slew Run Lot 49: 8113 Seattle Slew Run Lot 6: 629 Seattle Stew Run Lot 28: 729 Seattle Slew Run Lot 50: 815 Seattle Slew Run Page 11 of 12 Toscanna I PD #001-09, PLP #001-09 Lot 7: 627 Seattle Slew Run Lot 29: 727 Seattle Slew Run Lot 51: I , 817 Seattle Slew Run Lot 8: 625 Seattle Slew Run Lot 30: 725 Seattle Slew Run Lot 52: 819 Seattle Slew Run Lot 9: 623 Seattle Slew Run Lot 31: 723 Seattle Slew Run Lot 53: 821 Seattle Slew Run Lot 10: 621 Seattle Slew Run Lot 32: 721 Seattle Slew Run Lot 54: 823 Seattle Slew Run Lot 11; 619 Seattle Slew Run Lot 33: 719 Seattle Slew Run Lot 55: 825 Seattle Slew Run Lot 12: 617 Seattle Slew Run Lot 34: 717 Seattle Slew Run Lot 56: 827 Seattle Slew Run Lot 13: 615 Seattle Slew Run Lot 35: 715 Seattle Slew Run Lot 57: 829 Seattle Slew Run Lot 14: 613 Seattle Slew Run Lot 36: 713 Seattle Slew Run Lot 58: 831 Seattle Slew Run Lot 15: 611 Seattle Slew Run Lot 37: 711 Seattle Slew Run Lot 59: 833 Seattle Slew Run Lot 16: 609 Seattle Slew Run Lot 38: 709 Seattle Slew Run Lot 60: 835 Seattle Slew Run Lot 17: 607 Seattle Slew Run Lot 39: 707 Seattle Slew Run Lot 61: 837 Seattle Slew Run Lot 18: 605 Seattle Slew Run Lot 40: 705 Seattle Slew Run Lot 62: 839 Seattle Slew Run Lot 19: 603 Seattle Slew Run Lot 41: 703 Seattle Slew Run Lot 63: 841 Seattle Slew Run Lot 20: 601 Seattle Slew Run Lot 42: 701 Seattle Slew Run Lot 64: 843 Seattle Slew Run Lot 21: 702 Seattle Slew Run Lot 43: 801 Seattle Slew Run Lot 65: 845 Seattle Slew Run Lot 22: 704 Seattle Slew Run Lot 44: 803 Seattle Slew Run Lot 66: 847 Seattle Slew Run In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassi ent of addresses at the time of building permit iss ce. 5. Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 6. The Final Plat shall be prepared by a land surveyor, registered in the State of Washington, and contain all requirements of YMC § 14.20.200 along with all applicable conditions. DATED THIS 22" DAY OF JULY, 2009. Page 12 of 12 Toscanna 1 PD #001-09, PLP #001-09 HEA[N RECEIVED JUL. 2 2 2009 CITY OF YAKIMk. PLANNING DV CK D. SPURGIN 1NER PRO TEM Exhibit D: Summary of Development Standards Development Agreement - 16 Catalyss, LLC plans to create a Residential Master Planned Development on the Property. The elements of the Planned Development are described in Section 1.0 of this Development Agreement. Access to the planned development will be gated. The main entrance gate will have approximately 110 feet to the edge of the property line which is on Castlevale Road. The distance from the back gate to the property line next to Kern Road is approximately 120 feet. Both gates will be black wrought -iron. The Property will be developed in up to 15 phases, with streets terminating in circular gravel turnarounds until the completion of the final phases and the associated street completion. This development adheres to the definition of low impact development by utilizing existing storm water facilities and by retaining a portion of storm water onsite. The proposed lot density, maximum 50% lot coverage, and common open space areas will ensure that storm water facilities will be adequate. The paving width at the entrance of the site will be 45 feet wide, and the paving width at the gates will be 25 feet. Most private interior roads will have a 50 feet wide "right-of-way" and a 30 -foot travelled surface. This private/gated Master Planned Development will have open spaces for the use of residents. The area will contain design, landscaping, parking and traffic management along with appropriate setbacks, site screening, and buffers. Development Agreement - 17 Exhibit E: Public Meeting Summaries Development Agreement - 18 The Hearing Examiner held an open record hearing on July 9, 2009, and issued a recommendation for approval on July 22, 2009, subject to conditions. The Yakima City Council held a closed record public hearing on August 18, 2009. The Council approved Council Member Rodriguez's request to be recused from discussing the proposal because she lives in the area of the proposed development. Assistant Planner Joseph Calhoun described the development as a 66 -lot common -wall subdivision on the eastern portion of the property. The remainder of the property is being reserved for future development. City reviewed the Hearing Examiner's recommendation and explained that staff recommends approval. Assistant Mayor Cawley opened the closed record hearing and with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title; Council Member Ensey moved and Council Member over seconded the Motion to adopt the resolution. The motion carried by a 5-0 roll call vote; Edler absent, and Rodriguez recused. Development Agreement -19 Exhibit F: Site Plan Development Agreement - 16 MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF L S IN THE SW 1/4 OF SEC. 15, T-13 N, R-18 E,W.M. 8 AD NET PARCH. 16 101340380. NOTES PER 1 0 AIMS 1 STW£IS 16 BE PRIVATE CAED STREETS (TRACT Al AA FORME OF SEIM NAND 16 FE DECHANCED MM DOSING SWIM MAMIE SYSIO1 PO PREVIOUS AGREEMENT, WM TIE MUM. 3113811 1LAIER MANAGE FERE MANAGED IN-STE COLLECTED! S1STEIA SYMMS NM BE ARCHEI BY TE �E TIE ME REMOVE AM CORY. E MEMO SEAM= FTN R -I ND 11-2 201@ TR37S N«.I CENTIMME OF PRIVATE ROM E T J' FRCS IDT IRE E5' FROI CENTEMeE 6 PRIVATE ROW FRONT - SYS PROI m1TENO. OF ma.TE ROW LOTS SS TRAM S'.6 M VMflII6FD IDPIE COMM S Pn2Y REmuLN1 IDIS PARCEL A THAT SOUTHERLY AID EASTERLY OF ME ) IMF E MET a'MY OF TE TAMIL CANAL NIY: ROMS HALF CF SOJNOMT OUAMER OF SEETHE )S MEOW ,J XOiIX. WOE )! US[ r�. LIMO COPAN"! ROE PARCEL BEOaNIC ENIS FEET sum OF TIE NOME. 11SCF SO IJ 10110NOM RANGE C EAR• rxaRTHEAST CF INI RUMIER CF T OR LOM TO M EASTERLY RIOIT OF TNT URE OF TE MOM VALLEY CN1AI THENCE MST LINE CF TIE NORMIEST CONNER OF m[ SOmEAST QUARTO OF TE 57vMwsT DE PONT CF ECM.. DEEP. MOMS+ 4310 FEM SOUTH CF NORNEAST CORNER OF DE MAINE. OWNER CF ME NOIDEAST WARIER OF THE SOUNDEST NO SL•LE IdWA=rCI Ovm) mIPA[lm v vec MOVArnv 81.181 OETEEVDEVELOPER MOWER/SURVEYOR MME PM NYS LLC 1121 1/. LEGGIN MOLE MOM N SS03-80183INSMS MOOS Nt MOM RD A RJRKW6 SME RI. 233-403-1811 LAMER IPO WEST INC1N AVOLE TARNS, WALNGTOI MOS Claar Tee, Sonya From: Smith, Valerie Sent: Friday, October 09, 2015 4:21 PM To: mgunder66@gmail.com Cc: Claar Tee, Sonya; Price, Cally Subject: RE: Catalyss Planned Development Good afternoon Mr. Gunderson, The City Planning Division staff have attempted to answer your questions as best to our knowledge. The Applicant may have further insight, and will be presenting at the Public Hearing on October 20th, 2015. The Notice you received was in regards to the City Council's upcoming Public Hearing on the Development Agreement. The Development Agreement is a written agreement required as a Condition of Approval of the Hearing Examiner's decision. The Hearing Examiner's decision was for the Planned Development preliminary plat, which was approved in 2009 (PD #001-09). City Council is authorized to review and enter into a Development Agreement per RCW 36.70b.170. The site plan attached to the Notice is supplemental information and not under review, as it was already approved with PD#001-09. The original site plan is too large to send in the mail, however, if you still wish to review the 24x36 size site plan, you may do so by coming to the City Planning Division located on the 2nd Floor of City Hall, 129 N. 2nd St, Yakima, WA, 98901. The site plan attached to the Notice, dated May 14, 2009, is the same site plan that was approved with PD#001-09, and the name of the Applicant at that time was "Envizage Development Group". A new site plan is not required, unless there is a modification to the actual platting and development improvements, in which case the Applicant would have to follow the requirements of YMC Title 15 for modifications to preliminarily approved Planned Developments. The City Council is not reviewing a modification at this time. As stated above, any major changes (modifications) to future phasing, platting or development plans will require the Applicant to comply with the modification procedures. The City is not reviewing a modification at this time. The underlying zoning is not changing. The same underlying zoning, a combination of R-1 and R-2, that was in place in 2009, has and will remain as such. The line labeled "zone change line" signifies where the existing underlying zoning boundaries differ from R-1 to R-2, it is not a proposed change in the underlying zoning. The preliminary plat was approved in 2009 with local access streets, typical of neighborhoods. Local access streets do not require bike facilities, although bicycles are allowed on the streets, and this development is not located on a bike route where facilities would be required. The Fire Department and City Traffic Division, among others, have reviewed and approved this development in 2009, and the proposed Development Agreement going before City Council on Oct. 20th. Per RCW 58.17.140, the Applicant/developer has seven years from the preliminary approval (PD#001-09) to record the final plat. Vegetation and trees will be provided throughout the development, and landscaping & open space is a requirement of the City's Planned Development Overlay Ordinance (YMC Ch. 15.28). In regards to the question of home owners vs renters: the City does not have additional regulations for rental units vs non -rentals, and therefore does not require the developer to provide this type of information. We encourage you to attend the Public Hearing on October 20, 2015, to be held before the City Council at their regularly scheduled meeting, 6:00pm, in the Council Chambers of City Hall, 129 N. 2nd Street, Yakima, WA. As stated above, the Applicant/developer will be at the Public Hearing to present their Development Agreement, and answer further questions. Thank you for your time, Valerie Valerie M. Smith, AICP Senior Planner City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 575-6042 valerie.smith©yakimawa.gov FLY This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act, This email is subject to the State Retention Schedule, Original Message From: Price, Cally Sent: Friday, October 09, 2015 9:55 AM To: Davenport, Joan Subject: FW: Catalyss Planned Development Cally Price Assistant to the City Manager City Manager, Mayor, and Council Office Original Message From: Gmail [maillu.;.im...guun r66.Ep. it iill. prrr] Sent: Thursday, October 08, 2015 9:56 PM To: City Council Cc: michael gunderson Subject: Catalyss Planned Development 2 !. The attached drawing size is unacceptable, especially for those of limited vision. Is the city that poor that it cannot send out adequate size documentation? 2. There is no proper documentation of the drawing's revision history. Obviously it was revised to add the new name to it (Envisage...). 3. How can one determine that the drawing does not have later changes that differ from the 2009 issue date? 4. Just what does the future phases consist of? 5. Why doesn't the map indicate what zoning applies such as zoning 1 for the remainder of the area? 6. Just what does the line "zone change line signify? 7. Are not any bike lanes provided? 8. Has the fire department and traffic department blessed this development? 9. Is there not a deadline for this development to be completed before another complete review is required? 10. There does not appear to be room provided for vegetation such as trees or any parklike setting for the amount of residents 11. Is this development for home owners or renters? 720 n 44th ave yakima, wa 98908 Mike Gunderson 3 A RESOLUTION Distributed at the Meeting -10 RESOLUTION NO R -2016 - ITEM 7 corrected authorizing and directing the City Manager to execute a Development Agreement with Catalyss, LLC (herein after "Developer") to provide for the terms and conditions of development of a preliminary plat and planned development to be located in the vicinity of Castlevale Road and North 40th Avenue, in the City of Yakima WHEREAS, the City of Yakima (herein after "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits, and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36 70B 170- 36 70B 210, YMC Ch 15 28 050 and YMC 15 10 010; and WHEREAS, pursuant to the Growth Management Act, RCW 36 70A, the City adopted its Yakima Urban Area Comprehensive Plan Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property Single Family Residential and Two Family Residential, and WHEREAS, Developer has obtained development rights for a single parcel of approximately 29 acres in the vicinity of Castlevale Road and North 40th Avenue, Yakima, Washington, (the "property") is legally described in the Development Agreement as Exhibit A, attached hereto and incorporated herein by this reference, and WHEREAS, on May 11, 2009, Toscanna, LLC , submitted an application for a sixty-six (66) lot preliminary residential subdivision and planned development located in the vicinity of Fechter Road and Castlevale Road, (the "Project"), and WHEREAS, on May 18, 2009, the City issued a Notice of Application and Environmental Review for the Project; and WHEREAS, Developer has created separate legal parcels by a subdivision of the property, as defined in YMC 14 10 020 and described in YMC Chapter 14.20, and WHEREAS, the specific proposed use of the property identified by Developer is that of a residential master planned subdivision, and WHEREAS, Developer intends to take appropriate steps to comply with environmental and land use requirements related to development of the property; and WHEREAS, the City Planning Division conducted environmental review of the Project under the State Environmental Policy Act ("SEPA") and issued a Final Mitigated Determination of Nonsignificance ("MDNS") on the Project on June 12, 2009; and WHEREAS, as engineering for the approved preliminary subdivision progressed, the Developer determined that, in order to balance the site it would need to grade both Parcels A and B and move substantially more earth than originally disclosed in its original environmental checklist. On February 9, 2015 2015, the Developer submitted a revised environmental checklist to the City On February 27, 2015, the City issued an addendum to the Mitigated Determination of Nonsignificance, and WHEREAS, on July 9, 2009, the Hearing Examiner held an open record hearing in consideration of the Project; and WHEREAS, on July 22, 2009, the Hearing Examiner issued his land use recommendation proposing that the Project be approved subject to conditions, and WHEREAS, on August 18, 2009, after notice duly given according to the requirements of the City of Yakima Municipal Code, the City Council held a closed record public hearing and adopted the recommendation of the Hearing Examiner, and directed the City Legal Department to prepare appropriate legislation to approve the preliminary plat and planned development subject to the obligation of the Developer to enter into a development agreement with the City to implement the conditions set forth in the Final Decisions, and WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decisions for the execution of a development agreement between the Developer and the City to implement the conditions set forth in the Final Decisions, and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Development Agreement. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations ADOPTED BY THE CITY COUNCIL this 19th day of January, 2016 ATTEST Avina Gutierrez, Mayor Sonya Claar Tee, City Clerk