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HomeMy WebLinkAbout01/19/2016 08 Powerhouse Villas Preliminary Plat and Planned Development - Public Hearing'1111111 1, nun 11,1:1141r10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: January 19, 2016 ITEM TITLE: Closed record public hearing and resolution on the proposed master planned development for Powerhouse Villas, submitted by DMF Investments SUBMITTED BY: Joan Davenport, AICP, Director of Community Development Trevor Martin, Assistant Planner (509) 575-6162 SUMMARY EXPLANATION: Bill Frodsham, on behalf of DMF Investment, submitted a Master Planned Development and Preliminary Long Plat for Powerhouse Villas, a 43 lot, multi -family, residential master planned development located in the vicinity of Powerhouse Rd. and North 28th Ave. This master planned development and preliminary long plat was reviewed at an open record public hearing held on November 12, 2015. The Hearing Examiner issued their decision on November 27, 2015 and recommends to the Yakima City Council that the proposed planned development and 43 lot preliminary long plat be approved subject to the conditions of their Recommendation. 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 Staff recommends City Council approval of the accompanying resolution. ATTACHMENTS: Description Upload Date Type D Memo to Counc°0- Powerhouse Vi as 1/.11/.2016 Cover Memo D IResollutlion IPowerlhouse Vi as 1/8/2016 IResollutlion D CompOete Record Powerhouse Vi as 1/8/2016 IBackup Materna° �u mvw • mu ram allifinn iiHim 111 POC Y o� t°ung 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 the Master Planned Development and Preliminary Long Plat for DMF Investments — "Powerhouse Villas". Date: January 11, 2016 On January 19th, 2016 the City Council will conduct a closed record public hearing regarding the Master Planned Development and Preliminary Long Plat known as Powerhouse Villas, located in the vicinity of Powerhouse Rd & N. 28th Ave. BACKGROUND The Master Planned Development and Preliminary Long Plat of Powerhouse Villas was submitted to the City of Yakima on July 24, 2015. A Master Planned Development 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. A preliminary Long Plat is the division or re -division of land into ten or more (or division of property short platted in the last five years) lots, tracts, or parcels for the purpose of sale, lease, or transfer of ownership as provided in YMC 14.20. The required open record public hearing was held with the Hearing Examiner on November 12, 2015. The Hearing Examiner issued their recommendation for approval on November 27, 2015. ACTION NEEDED The City Council is tasked with processing the Master Planned Development and Preliminary Long Plat by taking one of the following Actions: • Adopt the Resolution accepting the Hearing Examiner's Recommendation of Approval and grant Preliminary approval for the Preliminary Long Plat and Master planned Development of Powerhouse Villas. • Remand the Master Planned Development and Preliminary Long Plat back to the Hearing Examiner and to provide supplementary findings and conclusions. • Modify the Hearing Examiner's recommendation based upon testimony and evidence provided at the open record public hearing, and direct Staff to return with the appropriate legislation. FUTURE ACTION • As a Condition of City Council's Approval, The Developer will be required to submit their Development Agreement and Final Plat for the proposed multi -family subdivision to the Yakima City Council for final approval prior to construction of housing. RESOLUTION NO. R -2016- A RESOLUTION approving a preliminary long plat and planned development, for the Preliminary Plat of Powerhouse Villas, a forty-three lot multi -family subdivision, located in the vicinity of Powerhouse Rd and 28th Ave., Yakima, Washington. WHEREAS, on November 12, 2015, the Hearing Examiner held a public hearing to consider the application for a Master Planned Development / forty-three lot multi -family subdivision known as Powerhouse Villas, submitted by William Frodsham / DMF Investment Inc. (PLP #002-15 & PD #001-15); and, WHEREAS, on November 27, 2015, the Hearing Examiner issued his Recommendation for approval of the proposed plat subject to several conditions; and, WHEREAS, the proposed Application conforms with the City of Yakima Zoning Ordinance, Subdivision Ordinance, and other applicable land use regulations; and, WHEREAS, at the Closed Record Public Hearing on January 19, 2016, after notice duly given according to the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff to prepare a resolution reflecting the same; and, WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Application; and, WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution. Section 2. Incorporation of Hearing Examiner's Recommendation and Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of approval of the Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW § 58.17.110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 19th day of January, 2016. ATTEST: Avina Gutierrez, Mayor City Clerk BMF INVESTMENTS — "POWERHOUSE VILLAS" PD#001-15, PLP#002-15 & SEPA#026-15 City Council Closed Record Public Hearing January 19, 2016 EXHIBIT LIST Applicant: Bill Frodsham/DMF Investments File Numbers: PD#001-15, PLP#002-15 & SEPA#026-15 Site Address: 3201 Powerhouse Rd Staff Contact: Trevor Martin, Assistant Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Site Plan CHAPTER C Maps CHAPTER D DST Review & Agency Comments CHAPTER E SEPA Checklist CHAPTER F Applications CHAPTER G DRAFT Development Agreement CHAPTER H Public Notices CHAPTER I Public Comments CHAPTER J Supplemental Information DMF INVESTMENTS — "POWERHOUSE VILLAS" PO#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER AA Hearing Examiner's recommendation �a,1 ,,, � ,� ;moi � ,,,,, � ,� %,,��%� �.,,,,,,� �`,///%�. AA -1 Hearing Examiner's Recommendation 11/27/2015 CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION November 27, 2015 In the Matter of a Planned Development And a Preliminary Plat Application Submitted by: DMF Investments, Inc. For a Gated Planned Development In a 43 -Lot Multi -Family Plat Located In the Vicinity of 3201 Powerhouse Road To be Known as "Powerhouse Villas" PD#001-15 PLP#002-15 SEPA#026-15 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 November 12, 2015. (2) The Planning Division staff report presented by Assistant Planner Trevor Martin recommended approval of this planned development and preliminary plat subject to enumerated conditions. (3) Testimony was presented by the applicant's representative, Rick Wehr of PLSA Engineering & Surveying, to the effect that there will be sidewalks on one side of the private streets within the gated development and that the density of development with duplexes and other multi -family facilities will be the minimum density for the R-3 zone. Supervising Planner Jeff Peters clarified the fact that the City's Title 12 development DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 1 DOC. 'NDE #� ,!1 Of 'V AK il. NN" it standards allow utility lines to be placed within easements approved by the City Engineer. An owner of neighboring property across the street to the southwest, Diana McClaskey, asked that the development not interfere with the delivery of irrigation water to properties near the proposed development. (4) This recommendation has been issued within ten business days of the hearing. B. Summary of Recommendation. The Hearing Examiner recommends approval of this planned development and preliminary plat for the reasons set forth in Trevor Martin's staff report. C. Basis for Recommendation. Based on a view of the site with no one else present on November 9, 2015; the staff report, exhibits, testimony and other evidence presented at the open record public hearing on November 12, 2015; and a consideration of the applicable planned development criteria, subdivision requirements, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS I. Applicant/PropertyOwner. The applicant/property owner is DMF Investments, Inc., by its president William Frodsham, 1819 South 4th Avenue, Yakima, WA 98902. The representative of the applicant/property owner for this proposal is Rick Wehr of PLSA Engineering & Surveying, 1120 West Lincoln Avenue, Yakima, WA 98902. II. Location. The location of the proposal is on the northeast side of Powerhouse Road between North 28th Avenue and North 34th Avenue. It consists of Yakima County RECEIVED DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 2 C. INDEX NOV 0 ?O1'5' CITY �, u KI VA PLAM W 0'fl lj 4 Assessor's Parcel Nos. 181314-33421, 33422, 33423 and 33424. III. Application. This application is for a master planned development and a preliminary plat to develop about 12 acres into a 43 -lot multifamily subdivision in three phases. The proposed lots are appropriately sized for duplex and other multi -family dwellings. The internal streets would be private with sidewalks on one side. The application was submitted to the City of Yakima on July 24, 2015. SEPA environmental review resulted in the issuance of a Determination of Nonsignificance which was not appealed. The planned development criteria and the preliminary plat criteria must all be considered in connection with this application. IV. Jurisdiction. Sections 1.43.080, 15.28.040 and 14.20.100 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 planned development criteria listed in YMC §15.28.040 and the subdivision criteria listed in YMC §14.20.100 and in RCW Chapter 58.17. V. Notices. Notices of the November 12, 2015, open record 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: Posting of Land Use Action Sign on the Property: Publishing of Notice of Public Hearing: Mailing of Notice of Public Hearing: DMF Investments, Inc. Powerhouse Road, 28`" — 34`" Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 3 October 12, 2015 October 15, 2015 October 15, 2015 ECEIVED NOV 9 0 ?0• CITY C " AKIiVh 'k DOG. PLA .NNc 0�v. INDEX VI. Zoning and Land Use. The subject property is zoned Multi -Family Residential (R-3). The R-3 zoning district is intended to: (1) Establish and preserve high-density residential districts by excluding activities not compatible with residential uses; (2) Locate high-density residential development more than twelve dwelling units per net residential acre in areas receiving the full range of urban services; (3) Locate high-density residential development near neighborhood shopping facilities; and (4) Locate high-density residential development so that traffic generated by the development does not pass through lower -density residential areas. The district contains a variety of attached or clustered multi -family dwellings. Adjacent properties have the following characteristics: Location North South West East ZoningLand Use Two Family (R-2) & Light Industrial (M-1) Mini -Storage Facility & School Multi -Family (R-3) Primarily Multi -Family Housing with some Single -Family Housing Two Family (R-2) Two Family (R-2 & Multi -Family (R-3) Single -Family Housing Single and Two -Family Housing VII. Environmental Review. The SEPA Responsible Official issued a Determi- nation of Nonsignificance (DNS) on October 13, 2015, which became final without an appeal. VIII. Transportation Concurrency Ordinance. A detailed traffic study which was conducted by Kittelson & Associates, Inc. was submitted on October 23, 2015, and this application was approved for consistency with the City's Transportation Capacity Management Ordinance, YMC Chapter 12.08, on November 3, 2015. The review resulted in a finding to the effect that this development will not exceed RECEIVED DMF Investments, Inc. 4 Powerhouse Road, 28th — 34th Ave. Master Planned Development and NOV 3 0 2015 43 -Lot Plat of "Powerhouse Villas" is IY O1= Maio PD#001-15; PLP#002-15; SEPA#026-15"rA��� „v� °Jkb, DIV DSC. E the PM peak hour capacity of the City's arterial street system and that reserve capacity exists on all impacted arterial streets. IX. Developrne t Services Team. The following comments were submitted by the Development Services Team which met on August 25, 2015, and by other public agencies who submitted information during the comment period for this proposal: (1) Code Administration: Code Administration comments may be summarized as follows: (a) Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: (i) The minimum gate width shall be 20 feet; (ii) Gates shall be of the swinging or sliding type; (iii) Construction of gates shall be of materials that allow manual operation by one person; (iv) Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; (v) Electric gates shall be equipped with a means of opening the gate by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; (vi) Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock is installed at the gate location; and, (vii) Locking device specifications shall be submitted for approval by the fire code official. DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 5 :EITEL) drN O V N 'i1(17') MY , . YAKiMA PLANr,!G DIV DOC. DEX t -1 (b) The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, subject to approval by the fire code official. (c) Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -- FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required by Section D103.6.1 or D103.6.2. (d) Per review of the City Engineer and staff, Swan Avenue is required to be used as a fire access road along with a local access road. Swan Avenue will be built to universal fire code standards for fire apparatus. A minimum of 20 feet of paved surface will be required. (e) A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. (0 Preliminary addressing will be as follows: Lot 1 Lot 2 Lot 3 Lot 4 703 N 31St Ave. 705 N 31st Ave 707 N 31 s Ave. 709 N 31St Ave. / 3006 Swan Ave. Lot 23 717 N 29 Ave. Lot 24 2901 Willow St. Lot 25 2903 Willow St. Lot 26 2905 Willow St. 708 N 29th Ave. / 2904 Swan Ave. Lot 27 3001 Willow St. 706 N 29th Ave Lot 28 716 N 30th Ave. 704 N. 29th Ave Lot 29 714 N 30th Ave. Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 702 N 29th Ave. Lot 30 712 N 30th Ave. / 3001 Swan Ave. 703 N 29th Ave 705 N 29th Ave 2902 Swan Ave. / 707 N 29th Ave 2900 Swan Ave. Lot 13 Lot 31 3003 Swan Ave. ....... ....... ......--WWW_...._ Lot 32 3005 Swan Ave. Lot 33 3007 Swan Ave. Lot 34 3101 Swan Ave. 2808 Swan Ave. Lot 35 3103 Swan Ave. Lot 14 Lot 15 Lot 16 Lot 17 Lot 18 2901 Swan Ave. / 710 N 29th Ave. 2903 Swan Ave. Lot 37 3107 Swan Ave. 2905 Swan Ave. / 713 N 30th Ave. Lot 38 3109 Swan Ave, 2906 Willow St. / 715 N 30th Ave. Lot 39 3104 Swan Ave. 2904 Willow St. Lot 40 3102 Swan Ave. / 708 N 31 S Ave. Lot 36 3105 Swan Ave. DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 6 INDEX ffr AR --I uNOVf'M CITY OF YAVrKIMI A PLA NNt 0" Lot 19 2902 Willow St. / 712 N 29th Ave. Lot 20 711 N 29th Ave. / 2809 Swan Ave. 713 N 29' Ave. 715 N 29t Ave. Lot 41 706 N 31St Ave. Lot 42 704 N 31" Ave. Lot 43 3106 Swan Ave. (2) Engineering: Engineering comments relative to this proposed development may be summarized as follows: (a) The developer is planning to create 43 lots with various multi -unit dwelling types. The streets are planned to be private streets with sidewalks. If this development in the future intends these streets to become standard city streets, the developer will be required to reconstruct the streets to meet standards in place at the time of turning to the public road system. (b) An existing 15 -inch Drainage Improvement District (DID) pipe crosses the site from northwest to southeast. The DID pipe shall be relocated to avoid any new buildings over the pipe or within the easement. (c) An existing 24 -inch water line runs from the northwest to the southeast of the property. The line shall be capped and retired from any future use. (3) Planning: The Planning Division recommends that the property directly south of the proposed development located at 3101 Powerhouse Road, which is not a part of the proposed development, have access to Swan Avenue as a continued connection to Powerhouse Road. (4) Stormwater: The Stormwater comments relative to the proposed develop- ment may be summarized as follows: (a) The applicant states that stormwater will be managed on-site via surface retention areas and infiltration facilities. These are acceptable methods of handling the runoff if designed correctly. (b) 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. PECEIVED DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 7 NOV 3 0 ?0V5 PLAN, N!', DIV DOC. IN EX1 If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. (5) Traffic Engineering: Traffic Engineering commented that a street light is required at the cul-de-sac on Swan Avenue. (6) Wastewater: Wastewater comments regarding the proposed development may be summarized at follows: (a) A manhole cannot be located in someone's backyard — Lot 9. We also cannot allow them to create another problem where we have a public sewer main running through backyards across seven lots. They would need to abandon the entire onsite sewer south of Willow if they want to proceed with this lot geometry. One problem with that is that the condominiums south of the site use that sewer as their outfall. Powerhouse Villas would have to reconnect the sewer main at Jerome and 28th. Grade would likely be a problem. The other issue is that the existing nine properties on their east property line are connected to that 8 inch onsite sewer. There is a sewer in 28th and with this project the developer would have to reroute all of those nine service connections for the properties on the west side of 28th from their backyards to 28th. However it is not clear whether or not the 28th Ave sewer would be deep enough to accommodate that re-routing. That depends on how the private side sewers were installed. If not, this project would have to rebuild the entire 28th Ave sewer (repave 28th too) and reconnect everyone along 28th north from Jerome to Willow. (b) Next is service to 3101 Powerhouse (landlocked property). They do not have an account and so are (assumedly) not connected (through the neighbor's property) to the public sewer. The intent appears to be for this development to have private onsite water and sewer systems. We cannot serve 3101 Powerhouse from this development's private sewer. We need a public sanitary sewer line which means public roads. (c) After considering these comments, the Planning Division's uncontra- dicted testimony and recommendation presented at the hearing was to the effect that the proposed project does not warrant the imposition of these requirements in DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 8 NV40V V, () 20 PLANNal DOC. EX 4 view of the authority of the City Engineer under YMC Title 12 to allow the sewer lines in the development to be located within proposed easements so that they can be connected to the existing sewer line on Swan Avenue. (7) Water: Water comments regarding the proposed development may be summarized as follows: (a) New water services and meters are required for each new lot. Water services and meters will be sized based on plumbing fixture counts submitted at time of building plan or civil plan review. Domestic Charge is per YMC §7.56.050. Base Irrigation Charge per YMC §7.56.060 shall apply if using domestic water for irrigation. Installation Charges are per YMC §7.68.043. (b) Extension of a new public waterline through the site in a public utility easement is required. The new public waterline is required to be looped through the site and connected at two separate approved locations (YMC § 12.04.020 and § 12.04.030). (c) 16 -foot -wide easements are required for public water facilities, including waterlines, water services and meters, and fire hydrants on private property (YMC § 10.10.050). (d) Domestic water services to the site are required to have an approved reduced pressure backflow assembly if buildings are greater than 35 feet in height (YMC §7.68.070). Required fire sprinkler service shall be equipped with an approved double check backflow assembly. Assemblies are required to be installed just inside the building prior to any other branch or connection. (8) Department of Ecology: Washington State Department of Ecology comments may be summarized as follows: (a) An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that a 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 DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 9 NOV ) 2.V " . WY Y l)F INDEX 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. (b) The water purveyor is responsible for ensuring that the proposed uses are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use or period of use), then it is subject to approval from the Department of Ecology pursuant to RCW 90.03.380 and RCW 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. (9) Yakima Regional Clean Air Agency (YRCAA): YRCAA comments may be summarized as follows: (a) Contractors doing clearing, grading, paving, construction or land- scaping work must file a dust control plan with Yakima Regional Clean Air Agency. (b) Burning is prohibited at all times during land clearing. (c) Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition, and notification for the demolition must be filed with the YRCAA. X. Planned Development Review Criteria. YMC §15.28.040 provides that the Hearing Examiner shall review a proposed planned development during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: (1) Subsection 15.28.040(D)(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 DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 10 NOV 0 20 COY Of YAKkm, EX with the Multi -Family Residential (R-3) zoning district and the High Density Residential future land use designation. All forms of permitted dwelling units are Class (1) permitted uses in the R-3 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-3 zone for area and width. The planned development/ subdivision design is efficiently laid out and consists of private streets, common open spaces and multi -family lots. (2) Subsection 15.28.040(D)(2) -- The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning; to implement project design and concepts; to respond to market conditions; or to otherwise achieve the public benefits contem- plated by the concept plan. The proposed residential uses within the planned development are consistent with adjacent residential land uses to the south and east. The proposed uses will not have a negative impact on future light industrial and two-family uses to the north. Nor will it have a negative impact on the property to the east because there is nearby R-3 zoned property occupied by multi -family developments not far from the property. The site design is typical of a residential neighborhood with lot sizes consistent with the proposed uses and private streets that meet City Standards for private streets. The internal street will have sidewalk on one side of the street which will provide safe passage for children who walk to and from school. A note will be required to be placed on the face of the Plat stating: "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be reconstructed to meet the City Standards at that time." (3) Subsection 15.28.040(D)(3) -- Consideration shall be given to "low impact development" concepts. "Low Impact Development" is defined as stormwater manage- ment 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. Even though R-3 development allows for up to 80% impervious area, which will be the maximum lot coverage of the lots, impervious areas are only expected to cover about 53% of the overall area of the development. The proposal allows for development which increases the amount of pervious surface area. The proposed lot density, lot DMF Investments, Inc. Powerhouse Road, 28111— 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 11 DOC. INDEX NOV r ?0•15 coverage and common open space areas will ensure that stormwater facilities will be adequate. (4) Subsection 15.28.040(D)(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 three (3) phases. Temporary turnarounds will be required while the interim phases are being constructed. Utilities are required to be looped during construction of Phase 1 so as to ensure that all phases have appropriate utilities. (5) Subsection 15.28.040(D)(5) -- The Master Planned Development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, site screening, buffers, and other design features or techniques. The project adheres to all applicable development standards for landscaping, parking, setbacks, site screening, building height and maximum lot coverage. No adjustments to zoning standards are being requested. (6) Subsection 15.28.040(D)(6) -- All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical. This requirement has been satisfied by the City's SEPA Determination of Nonsignificance issued on October 13, 2015, and the City's Transportation Capacity Management Ordinance determination issued on November 3, 2015. (7) Subsection 15.28.040(D)(7) -- The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project. The project consists of a private/gated Master Planned Development. Open spaces are provided for the use of residents. A sidewalk is provided along one side of the interior private streets. 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. (8) Subsection 15.28.040(D)(8) -- The proposed project is not adverse to the public health, safety, or welfare. The proposed project, as conditioned, will accomplish the purposes set forth in YMC § 15.28.010(a) to provide a comprehensive development plan intended to provide flexibility in design and building placement; to promote DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 12 ECE VED Nov e 0 ?"115 NTY OF 'AKNO. attractive and efficient environments that incorporate a variety of uses, densities and/or dwelling types; to provide for economy of shared services and facilities; and to economically utilize the land, resources and amenities. It will also accomplish the purposes set forth in YMC §15.28.020 to use the site primarily for residential uses such as two-family and multiple -family residences authorized in the underlying zone. No known risks to the public health, safety or welfare have been identified. (9) Subsection 15.28.040(D)(9) -- The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. There are no modifications being requested to the development standards of the R-3 zoning district. (10) Subsection 15.28.040(D)(10) -- The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima. This does not apply to this proposal. The subject property does not contain any Shorelines or Critical Areas and is not adjacent to any such areas. (11) Subsection 15.28.030(B)(5) -- The following elements set forth in Subsection 15.28.030(B)(5) of the YMC are properly addressed in a 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) Signature(s) by each owner of property within the Master Development Plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained with an approved Plan and Development Agreement. The draft Development Agreement for Powerhouse Villas submitted at the hearing needs to be modified in a manner and within a timeframe acceptable to the Planning Division so that it will: (i) recite the zoning classification and the SEPA determination for the DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 13 INDEX _itf) O V 3 ,2 development; (ii) detail the manner of accomplishing the recommended condition that access to public street(s) be maintained for Yakima County Assessor's Parcel Number 181314-33021 at 3101 Powerhouse Road insofar as that requirement was neither opposed nor explained in any detail at the hearing; (iii) describe whether any steps would be required to avoid the concern raised at the hearing relative to possible interference with the delivery of irrigation water to nearby properties; (iv) include or be accompanied by the Developer's Home Owners Association and Common Maintenance Plan and the Declaration of Covenants referenced in the draft Development Agreement; and include the acknowledgment specified in YMC §15.28.030(B)(5)(h) above. XI. Preliminar l','at Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed preliminary plat during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: (1) Subsection 14.20.100(A)(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance. A determination of consistency with the provisions of the City's Urban Area Zoning Ordinance involves a consideration of the following provisions of Title 15 of the Yakima Municipal Code (YMC): (a) Consistency with Intent of .Multi -Family Residential (R-3) Zoning District: YMC § 15.03.020(D) indicates that the intent of the R-3 zoning district is to allow residential development of a density of more than 12 dwelling units per net residential acre in areas served with both public water service and a public sewer system; to locate high-density residential development near neighborhood shopping facilities; and to avoid generating traffic that passes through lower - density residential areas. The preliminary plat is consistent with the intent of the R-3 zoning district. (b) Consistency with Development Standards of the Multi -Family Residential (R-3) Zoning District: YMC Chapter 15.05 is designed to establish certain basic development requirements. These are the minimum criteria that must DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 R;W�1� PNmmsm u a iyN 14 DOC. INDEX dOV ;y 11 OFil yya�wy;�pry", ti 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) Minimum Lot Size and Width: All lots will meet the minimum lot size for the R-3 zoning district of 7,000 square feet for two-family dwellings or a density of 13+ dwelling units per net residential acre and will meet the minimum lot width of 50 feet as measured at the rear of the required front yard setback. (ii) 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 R-3 zoning district the standard is intended to provide areas for landscaping and recreation. The maximum lot coverage in the R-3 district is 80%. The applicant indicates that the maximum lot coverage for proposed lots will be 80% and the approximate percentage of impervious areas in the entire development will be 53%. (iii) Structure Setbacks: In the residential zoning districts, structure setbacks are intended to provide light, air and emergency access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoining property owners (YMC §15.05.020(D)). The proposed development meets all applicable setback standards for the R-3 zone. (iv) Maximum Building Height: The maximum building height in the R-3 zoning district is 50 feet (YMC Chapter 15.05, Table 5-1). Building heights will not exceed that height. (v) Access: All lots will have access on a private street. (c) Consistent) with Intent of Planned Develo, hent Provisions. As previously noted, 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, DMF Investments, Inc. Powerhouse Road, 28th — 34`h Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 15 (1) V 3 0 "(ll.'y OF DOC. INDEX 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)). Also as previously noted, this proposed development meets the intent of the Planned Development provisions of the zoning ordinance. (2) Subsection 14.20.100(A)(2) -- Consistency with the provisions of the Comprehensive Plan. The Future Land Use Map of the Yakima Urban Area Comprehensive Plan designates the property within the proposed preliminary plat as suitable for High 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. Specifically, the proposal is consistent with the following Goals and Policies of the City's Comprehensive Plan: (a) Goal 3.2 which is to build sustainable new neighborhoods; (b) Polic 3.2.1 which is to encourage development through Residential Planned Development (Residential PD) zone for large-scale residential projects; (c) Goal 3.3 which is to preserve existing neighborhoods; (d) Policy 3.3.2 which is to ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood; (e) Policy 532 which is to facilitate small lot sizes, condominiums, clustering and other options that increase the supply of affordable homeownership options. RECEIVED DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 16 NO 2.d . OF Kr DOC. INDEX (3) Subsection 14.20.100(A)(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended conditions, this preliminary plat will meet all the design requirements in YMC 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. (4) Subsection 14.20.100(A)(4)(a) -- Appropriate provisions for public health, safety and general welfare. The construction of new residential units which will complement uses in the area will promote the public health, safety and general welfare insofar as there is a need in this community for a variety of housing options such as multi -family dwellings and insofar as this proposed preliminary plat would be required to comply with all applicable City development standards, and all conditions of approval specified by the City Council. (5) Subsection 14.20.100(A)(4)(b) -- Appropriate provisions for open spaces. The lot sizes exceed the minimum sizes required for the R-3 zoning district, and the lot coverage limitation of 80% in the R-3 zoning district will provide adequate light and air for future residents in accordance with zoning ordinance standards without additional open spaces. (6) Subsection 14.20.100(A)(4)(c) -- Appropriate provisions for drainage ways. Drainage system facilities will be provided in accordance with state and local DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 17 RECEIVED ;EIVE NOV ' ''i A.0ifJ i, OF YAKIMA DOC. INDEX p 0 regulations including the Eastern Washington Stormwater Manual and the City of Yakima Municipal Code requirements. (7) Subsection 14.20.100(A)(4)(d) -- Appropriate provisions for streets or roads, alleys and other public ways. The subject property has frontage on Powerhouse Road which is a Collector Arterial street that requires 80 feet of right-of-way. The subject property also has frontage on Swan Avenue which is a Residential Access street. The developer is required to provide access to Powerhouse Road in accordance with the City's YMC Title 12 development standards. Swan Avenue will be restricted so as to provide access for emergency purposes. (8) Subsection 14.20.100(A)(4)(e) -- Appropriate provisions for transit stops. Appropriate provisions can be made in the future for any additional transit stops for this development if the need arises. (9) Subsection 14.20.100(A)(4)(f) -- Appropriate provisions for potable water supplies, irrigation and other water suppliers. All lots will be served with public domestic water and water for fire protection purposes by the City of Yakima which will constitute appropriate provisions for water for the development. (10) Subsection 14.20.100(A)(4)(g) -- Appropriate provisions for sanitary waste disposal. A City sewer main is located within Powerhouse Road and along the eastern property line of the proposed development. Title 12 authorizes the City Engineer to approve the location of sewer lines within easements that would handle the demands of this development. There will be appropriate provisions for sanitary waste disposal for the proposed preliminary plat in the form of public sewer service provided in accordance FIECEIVED DMF Investments, Inc. Powerhouse Road, 28th — 34`h Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 18 NOV aJ f) @-Y YAKIvol, D C. INDEX ..1.� I with the City of Yakima's Title 12 standards. Each lot shall be served by public sewer service. (11) Subsection 14.20.100(A)(4)(h) -- Appropriate provisions for parks and recreation. The nearest park is Chesterley Park which is located .66 miles to the northwest of the proposed preliminary plat. The proposed preliminary plat is not located within a planned parks and recreation area. Provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number and location of the proposed lots. (12) Subsection 14.20.100(A)(4)(i) -- Appropriate provisions for playgrounds. Appropriate provisions for playgrounds exist within this proposed preliminary plat due to the fact that playgrounds exist at the schools which the children within the proposed preliminary plat would be attending and the fact that the size of the lots would allow for playground areas as needed or desired. (13) Subsection 14.20.100(A)(4)(j) -- Appropriate provisions for schools and schoolgrounds. Discovery Lab School is located directly north of the proposed preliminary plat and shares a property line with it. Robertson Elementary School is located approximately .14 miles to the southeast of the proposed development. No comments were received from the School District suggesting the need for additional school facilities. (14) Subsection 14.20.100(A)(4)(k) — Appropriate provisions for sidewalks. Since the proposed plat will have sidewalks along its frontage and will have an interior DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 19 N O V/ ? Wib , .w (Jr YA°1,:i f- '1. 'LN""' 1::u D'Af OC. sidewalk along the private gated street, the proposed plat will make appropriate provisions for sidewalks. (15) Subsection 14.20.100(A)(4)(1) -- Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school. There was no evidence presented at the hearing of a need for other planning features to be provided within this preliminary plat in order to make appropriate provisions for safe walking conditions for students who walk to and from school. (16) Subsection 14.20.100(A)(5) -- Public use and interest. The evidence indicated that this proposed preliminary plat 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. XII. Consistency Analysis under Subsection 16.06.020(13) of the Yakima, Municipal Code. The following analysis involves the consistency of the planned development and preliminary plat 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 NOV ; ?.1115 DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#OO1-15; PLP#002-15; SEPA#O26-15 20 di DOC. 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 imposed by the Yakima City Council, as well as the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. The proposed two-family and multi -family dwelling units are Class (1) permitted uses in the R-3 zoning district. (2) The level of development with the proposed density and size of lots will not exceed the allowable level of development in the Multi -Family Residential (R-3) 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 planned development and preliminary plat. (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 planned development and preliminary plat which have been discussed in detail above. With the recommended conditions, the proposed planned development and preliminary plat 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 planned development and preliminary plat pursuant to YMC §1.43.080, YMC §15.28.040 of the zoning ordinance and YMC §14.20.100 of the subdivision ordinance. DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 21 IF Lig" Iaf'wrdt'%, (2) A SEPA Determination of Nonsignificance (DNS) was issued for this proposed planned development and preliminary plat on October 13, 2015, that became final without any appeal. (3) No testimony or written comments were submitted in opposition to the proposed planned development and preliminary plat. (4) The proposed planned development and preliminary plat of Powerhouse Villas, 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 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; and will serve the public use and interest. (5) This proposed planned development and preliminary plat is in compliance with all of 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 planned development and 43 -lot preliminary plat of Powerhouse Villas to be developed in three phases as described in the application and related documents which are assigned file numbers PD#001-15, PLP#002-15 and SEPA#026-15 be APPROVED, subject to compliance with the following conditions: DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 22 RECEIVED NOV 0 '',4'1:5 D C. INDEX A. General Conditions: (1) All proposed construction is subject to plan review, inspections and building permits. (2) The existing Drainage Improvement District pipeline shall be relocated by the developer so that no buildings are located over the pipeline or within the easement for the pipeline. 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 36.70B 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 they are reconstructed to City Standards. (3) The Development Agreement shall address all the details of the development in a manner acceptable to the Planning Division. (4) 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. (5) The 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. 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 DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 23 N .: N qµG v INDEX RR -1 , _ to be made public, they will have to be reconstructed to meet the City Standards at that time. ,, (3) The developer shall submit detailed plans for frontage improvements, private roads and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat (YMC Title 12). (4) A street light shall be installed in the Swan Avenue cul-de-sac. (5) The developer shall submit the Developer's Home Owners Association and Common Area Maintenance Plan outlining how the internal streets and common space will be maintained. (6) Parcel No. 181314-33021 located at 3101 Powerhouse Road shall be granted access to public street(s) as part of the property's continued access to Powerhouse Road in a manner acceptable to the respective parties and the Planning Division which shall be detailed in the Development Agreement. (7) All addresses shall be as specified by the City 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. (8) Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). (9) The Final Plat shall be prepared by a land surveyor registered in the State of Washington and contain all requirements of YMC Chapter 14.20 along with all applicable conditions. DATED this 27th day of November, 2015. DMF Investments, Inc. Powerhouse Road, 28th — 34th Ave. Master Planned Development and 43 -Lot Plat of "Powerhouse Villas" PD#001-15; PLP#002-15; SEPA#026-15 24 Gary M. Cu flier, Hearing Examiner 'EC'EIVE DOC. INDEX NOV 8 0 2.f11S CITY OFYAifkiea. P A� g!',fG DIV BMF INVESTMENTS — "POWERHOUSE VILLAS" PTS#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER A Staff Report 11i I'''I"pNii lin ,'Rld'll a'! ��.. orpook r 11 "A' I�I1,1111 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division g9 North Wow] Street, 2 Fd I -IA ovm Yakima, ingto ll. )bona (509) 575-61 Fax (509) 575_.6105" ask4pimn1n&y'Qkgg?ov http://vww,yala/n:aro a.gov/services/pla CITY OF YAKIMA PLANNING DIVISION'S FINDINGS OF FACT, CONCLUSIONS & RECOMMENDATION TO THE CITY OF YAKIMA PLANNING COMMISSION for REQUEST FOR PRELIMINARY LONG PLAT Application PD#001-15; SEPA #026-15; PLP#002-15 APPLICANT: William Frodsham / DMF Investments APPLICANT ADDRESS: 1819 S. 4th Ave., Yakima, WA PROJECT LOCATION: Vicinity of Powerhouse Rd. in between N. 34 and N. 28th Avenues. NAME OF PLAT: Powerhouse Villas Phases 1-3 TAX PARCEL NUMBERS: 181314-33421; 181314-33422; 181314-33424 DATE OF REQUEST: July 24, 2015 DATE OF RECOMMENDATION: November 12, 2015 STAFF CONTACT: Trevor Martin, Assistant Planner p/ REQUEST The proposed Master Planned Development consists of subdividing approximately 12 acres over three (3) phases to create a 43 -lot multi -family subdivision in the Multi -Family Residential (R-3) zoning district. The internal streets in the proposed development will be private, and the proposed lots are appropriately sized for duplex and other multi -family family dwellings. SEPA environmental review was required for subdivision and the number of proposed dwelling units. The subject property is in the vicinity of Powerhouse Rd. in between N. 34 and N. 28th Avenues. SUMMARY OF RECOMMENDATION Staff recommends that this application be approved, subject to conditions. Cade Administration (509) 575.. g'.2 w Planning, (5 9) 575-688. of Neighborhood DOC. INDEX # A-\ vYiP1len 9) .w75•6101 Pchm FINDINGS HEARING EXAMINER JURISDICTION Pursuant to RCW Ch. 58.17, YMC § 1.43.080, YMC § 15.28.040 and YMC § 14.20.100, the Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the City Council on Preliminary Plat and Planned Development applications. PUBLIC NOTICE On July 24, 2015, the City of Yakima, Planning Division, received a Master Planned Development, Preliminary Long Plat, and SEPA Environmental Review applications from William Frodsham and DMF Investments. A Notice of Application and SEPA Environmental Review was mailed to SEPA agencies; parties of record; and residences within 300 feet of the subject property on September 2, 2015. A SEPA Determination of Nonsignificance (DNS) was issued on October 13, 2015. A Notice of Public Hearing was mailed to SEPA agencies; parties of record; and residences within 300 feet of the proposed development on October 15, 2015. The Site was posted on October 12, 2015. No appeals have been filed with the City of Yakima Planning Division. ZONING AND LAND USE The subject property is zoned Multi -Family Residential (R-3). The R-3 zoning district is intended to: 1. Establish and preserve high-density residential districts by excluding activities not compatible with residential uses; 2. Locate high-density residential development more than twelve dwelling units per net residential acre in areas receiving the full range of urban services; 3. Locate high-density residential development near neighborhood shopping facilities; and 4. Locate high-density residential development so that traffic generated by the development does not pass through lower -density residential areas. The district contains a variety of attached or clustered multi -family dwellings. Adjacent properties have the following characteristics: Location Zoning North South East Two Family (R-2) / Light Industrial (M-1) Multi -Family (R-3) Two Family (R-2) Two Family (R-2) / Multi -Family (R-3) Land Use Mini Storage / School Primarily Multi Family (Few single) housing Single Family Housing Single and Two Family Housing ZONING ORDINANCE Planned Development: A Master Planned Development Overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities, and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities (YMC § 15.28.010(A)). A residential Master Planned Development is designed to provide a type or mixture of residential dwellings with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities, or other areas or facilities. A residential Master Planned Development is Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 2 C. IN EX authorized in any residential zone. The residential Master Planned Development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units (YMC § 15.28.020(A)). Uses in a residential Master Planned Development include: one -family, two-family and multi -family residences; recreational and amusement facilities which are intended to serve the Master Planned Development; and any other uses authorized in the underlying zone, pursuant to Type (1), (2), or (3) review as set forth in Table 4-1 (YMC §§ 15.28.020(B)(1)(a, b and f)). Master Planned development - Review Criteria: The Hearing Examiner shall evaluate a Master Planned Development application and other evidence submitted into the record, and shall issue a recommendation based upon the following considerations and criteria (staff response in italics): 1. The Master Plan Development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site. The proposed development is consistent with the R-3 zoning district and, the High Density Residential future land use designation. All forms of permitted dwelling units are Class (1) permitted uses in the R-3 zoning district. The proposed lot sizes and lot widths conform to the minimum standards of the R-3 zone for area (Density may not exceed maximum number of dwelling units permitted per net residential acre), multi family dwelling units lots are required to be 50 feet wide in the R-3 zoning district. The planned development/subdivision design is efficiently laid out and consists of private streets, common open space areas, and multi family lots. 2. The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning, to implement project design and concepts, to respond to market conditions, or to otherwise achieve the public benefits contemplated by the concept plan. The proposed residential uses within the planned development are consistent with adjacent residential land uses to the south and east. The proposed uses will not have a negative impact on future light industrial and two-family residential uses to the north. Additionally, the proposed uses will not have a negative impact on the property to the east, less than .15 miles beyond the adjacent R-2 zoned property, there is more R-3 zoned property occupied by multi family developments. The site design is typical to a residential neighborhood with lot sizes consistent with the proposed use and private streets that meet City Standards. The internal street will have sidewalk on both sides of the street and provide for safe passage for children to and from school. A note will be required to be placed on the face of the Plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be reconstructed to meet the City Standards at that time." 3. 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, Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 3 small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential settings. This project adheres to the definition of low impact development by utilizing existing stormwater facilities and by retaining a portion of stormwater onsite. The proposed lot density, maximum lot coverage, and common open space areas will ensure that stormwater facilities will be adequate. R-3 development allows for up to 80% impervious area, the proposed development is only expected to cover up to 53% of the area. The proposed development allows for development which increases the amount of pervious surface area . 4. There will be adequate infrastructure capacity available by the time each phase of development is completed. This project is proposed to be completed in three (3) phases. Temporary turnarounds will be required while the interim phases are being constructed. Utilities are required to be looped during construction of Phase 1, so as to insure that all phases have an appropriate utilities. 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 City of Yakima Planning Division issued a SEPA DNS on October 13, 2015. 7. The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of streets and public open space amenities, and results in the functional and visual appearance of one integrated project. The project is for a private/gated Master Planned Development. Open spaces for the use of residents is provided for. Sidewalks are provided on both sides of the interior private streets. 8. The proposed project is not adverse to the public health, safety, or welfare. No known risks to public health, safety, and welfare have been identified. 9. The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district. There are no modifications being requested to the development standards of the R-3 zoning district. Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 4 10. The proposed development is designed to be consistent with the provisions of the Shoreline Master Program and Critical Areas Ordinance of the City of Yakima. Does not apply. The subject property does not contain and is not adjacent to Shorelines or Critical Areas. Development Agreement: A draft Development Agreement was submitted as part of the application for a Planned Development. The following elements, from YMC § 15.28.030(B)(5), are part of the Development Agreement: 1. Narrative description of project and objectives; 2. Summary of development standards; 3. Site plan elements; 4. Development phasing, including times of performance to preserve vesting; 5. Public meeting summaries; 6. Performance standards and conditions addressing the above items; 7. Criteria for determining Major vs. Minor modifications and amendments; and, 8. Property owner signature. Per YMC § 15.28.080 - 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: 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. Item 3 in the submitted Development Agreement Between City of Yakima and DMF Investment Corporation states that the developer shall 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. A copy of the plan and covenants was not submitted with the application and should be submitted prior to a recommendation to the Yakima City Council. Site Design and Improvement Standards: YMC Ch. 15.05 is designed to establish certain basic development requirements. These are the minimum requirements to assure land use compatibility and promote the public health, safety and welfare. The proposed project meets development requirements as follows: Maximum Lot Coverage: Maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. The intent in the R-3 district is to provide areas for landscaping and recreation. The maximum lot coverage in the R-3 district is 80%, and that the applicant indicates that 80% lot coverage will be the maximum for the proposed lots. The proposed development will cover up to approximately 53% of the available area with impervious surface. Powerhouse Villas PD #OOI-15; PLP #002-15; SEPA#026-15 5 Structure Setbacks: In the residential districts, structure setbacks are intended to provide light, air and emergency access. Setbacks along easements and rights-of-way are intended to minimize the impacts from traffic on adjoining property owners (YMC § 15.05.020(D)). The proposed development meets all applicable setback standards for the R-3 zone. Maximum Building Height: The maximum building height in the R-3 zoning district is 50 -feet (YMC Ch. 15.05, Table 5-1). No building have been proposed to exceed the maximum height the R-3 zoning district allows. Sitescreening: The purpose of YMC Ch. 15.07 is to: establish sitescreening standards to provide a visual buffer between uses of different intensity, streets, and structures; reduce erosion and stormwater runoff; protect property values; and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, buildings or parking areas. The proposed development would require sitescreening 'Standard B' for any of the R-3 zoning abutting R-2 zoned property; 'Standard C' for any R-3 zoned property abutting M-1 zoned property; and sitescreening 'Standard C' would be required for any R-3 zoned property abutting R-3 zoned property. Sitescreening is required based upon the lowest intensity use permitted in a zoning district. In the R-3 zoning district, the lowest intensity use permitted is a single family home. Per YMC § 15.07.040(B) The developer may substitute a higher sitescreening standard, with standard C being higher than B, and B being higher than A. SUBDIVISION As proposed, and with the recommended conditions, this preliminary plat meets all the design requirements of YMC Ch. 14.30 of the City's subdivision ordinance and the development standards of YMC Title 12. The recommended conditions are intended to ensure consistency with the provisions of the City's subdivision ordinance and that appropriate provisions are provided for the following: A. Standards of YMC § 14.20.100(A)(1-5): 1. The proposed subdivision is consistent with the intent and provisions of the R-3 zoning district. All lots will have access on a private street, meet the minimum lot size for the R-3 zoning district of 7,000 square feet for two-family dwellings or a density that may not exceed the maximum number of dwelling units per net residential acre. The R-3 zoning district allows for 13+ dwelling units per net residential acre. The lots meet or exceed the minimum lot width of 50 -feet, as measured at the rear of the required front yard setback. 2. The proposed subdivision is consistent with the City of Yakima's Comprehensive plan. The future land use designation of the property is High Density Residential 3. The proposed subdivision is consistent with the provisions of the Subdivision Ordinance. 4. As required by RCW Ch. 58.17, the proposed subdivision makes appropriate provisions for: Public health, safety, and general welfare; open spaces; drainage ways; streets or roads, alleys, and other public ways; transit stops; potable water supplies, irrigation and other water supplies; sanitary waste disposal; parks and recreation; playgrounds; schools and school grounds; sidewalks; and, other planning features that assure safe waking conditions for students who walk to and from school. 5. The proposed subdivision serves the public use and interest. B. Public health, safety, welfare: The construction of new multi -family dwellings which will complement adjacent uses will promote the public health, safety and general welfare insofar as there is a need in this community for a variety of housing options such as multi -family dwellings and Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 6 insofar as this proposed preliminary plat would be required to comply with all applicable City development standards, and all conditions of approval specified by the City of Yakima Planning Commission. C. Open spaces: The proposed Tots are larger than minimum sizes required in the R-3 zoning district. Lot coverage of 80% or less in the R-3 zoning district will provide adequate light and air for future residents in accordance with the standards in the zoning ordinance without additional open spaces. D. Drainage systems: Drainage system facilities will be provided in accordance with state and local regulations including the City of Yakima Municipal Code and the Eastern Washington Storm Water Manual. E. Streets, alleys, and other public ways: The subject property has frontage upon Powerhouse Rd., designated as a Collector Arterial street which requires 80 -feet of right-of-way. The subject property also has frontage upon Swan Ave. which is designated as a Residential Access street. In accordance with YMC Title 12 development standards, the developer is to provide access to Powerhouse Rd. in accordance with the City's development standards. Swan Ave. will be restricted and provide access for emergency services only. F. Water supplies: Public water is required to be used for domestic and fire flow purposes. An adequate water supply for this development is available from the City of Yakima. G. Sanitary waste disposal: Public sewer is required to service all lots. A City of Yakima sewer main lies within Powerhouse Rd and along the eastern property line of the proposed development. Sewer is capable of being extended to handle the demands of this development. H. Parks and playgrounds: The nearest park is Chesterley Park, located .66 miles to the Northwest of the proposed preliminary plat. The proposed preliminary plat is not located in a planned parks and recreation area. Provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number and location of the proposed lots and provisions for playgrounds exist at the schools which children within the proposed preliminary plat would be attending, and could also be individually provided on the lots themselves which are of a size which would allow for playground areas as needed or desired. Sites for schools: Discovery Lab School is located directly north of the proposed development and shares a property line with the property. Robertson Elementary School is located approximately .14 miles to the southeast of the proposed development. No comments were received from the School District suggesting the need for an additional school facilities. J. Sidewalks: Sidewalks are required and will be provided along this developments frontage. K. Serves the public interest and use: This proposed 43 -lot residential subdivision is consistent with neighboring land uses and better serves the needs of the City of Yakima than the undeveloped status of the property. YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan (YUACP) designates the future land use for this area as High density residential. The high density residential future land use designation is characterized by Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 7 DOC. INEX Multi -family residential development may include apartments, condominiums and townhouses, containing 12 or more dwelling units per acre. A limited range of other mixed land uses may be permitted, such as some professional offices and community services. 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. DEVELOPMENT SERVICES TEAM (DST) A DST meeting was held for this project on August 25, 2015. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed. Code Administration: Fire Department Access Roads shall be installed and designed to the standards of the 2006 International Fire Code (IFC). Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. The proposed gates shall comply with the following 2006 IFC standards: 1. The minimum gate width shall be 20 feet; 2. Gates shall be of the swinging or sliding type; 3. Construction of gates shall be of materials that allow manual operation by one person; 4. Gate components shall be maintained in an operative condition at all times and repaired and replaced when defective; 5. Electric gates shall be equipped with a means of opening the gate by the fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official; 6. Manual opening gates shall not be locked with a padlock or chain unless they are capable of being opened by means of forcible entry tools or when a keybox containing the key(s) to the lock installed at the gate location; and, 7. Locking device specifications shall be submitted for approval by the fire code official. The electronic opening device of a fire apparatus access road shall include the components on a Knox Box rapid Entry system or Opticom system, which will be approved by the fire code official. Where required by the fire code official, fire department access roads shall be marked with permanent NO PARKING -FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire department access road as required by Section D103.6.1 of D103.6.2. Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 8 In review of the City Engineer and staff, we are requiring Swan Ave. to be used as a fire access road along with a local access road. Swan Ave. will be built to universal fire code standards for fire apparatus. A minimum of 20 -feet of paved surface will be required. A directory shall be posted just outside of the gate to help emergency vehicles find their way to any type of emergency. Preliminary Addressing: See Appendix 'A' Department of Ecology: An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading, or construction. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to RCW § 90.03.380 and RCW § 90.44.100. If water is used for dust suppression, it must be obtained legally. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. Engineering: "The developer is planning to create 43 Tots with various multi -unit dwelling types. The streets are planned to be private streets with sidewalks on both sides of the street. These streets do match our standard city street. If this development in the future intends these streets to become standard city streets, the developer will be required to meet and reconstruct the streets to meet standards in place at the time of turning to the public road system." An existing 15" Drainage Improvement District (DID) pipe crosses the site from northwest to southeast. The DID shall be relocated to avoid new any new buildings over the pipe or within the easement. An existing 24" water line running from the northwest to the southeast. The line shall be capped and retired from any future use. Planning: It is recommended that the property directly south of the proposed development, located at 3101 Powerhouse Rd, which in not a part of the proposed development, has access to Swan Ave. as a continued connection to Powerhouse Road. Stormwater: The applicant states that stormwater will be managed on-site via surface retention areas and infiltration facilities. These are acceptable methods of handling the runoff if designed correctly. 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 Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 9 IN EX engineer and then be reviewed by the City of Yakima Surface Water Engineer prior to construction. If Underground Injection Control (UIC) wells are used in the drainage design, they must be registered with the Department of Ecology. A copy of the UIC registration form from DOE shall be submitted to the City of Yakima Surface Water Engineer. Traffic Engineering: A street Tight is required at the cul-de-sac on Swan Avenue,. Wastewater: "A manhole cannot be located in someone's backyard — lot 9. We also cannot allow them to create another problem where we have a public sewer main running through backyards across seven Tots. They would need to abandon the entire onsite sewer south of Willow if they want to proceed with this lot geometry. One problem with that is that the condominiums south of the site use that sewer as their outfall. Powerhouse Villas would have to reconnect the sewer main at Jerome / 28th. Grade would likely be a problem. The other issue is that the existing nine properties on their east property line are connected to that 8 inch onsite sewer. There is a sewer in 28th and with this project the developer would have to reroute all of those nine service connections for the properties on the west side of 28th from their backyards to 28th. However it is not clear whether or not the 28th Ave sewer would be deep enough to accommodate that re-routing. That depends on how the private side sewers were installed. If not, this project would have to rebuild the entire 28th Ave sewer (repave 28th too) and reconnect everyone along 28th north from Jerome to Willow. Next is service to 3101 Powerhouse (landlocked property). They do not have an account and so are (assumedly) not connected (through the neighbor's property) to the public sewer. The intent appears to be for this development to have private onsite water and sewer systems. We cannot serve 3101 Powerhouse from this development's private sewer. We need a public sanitary sewer line which means public roads." Water: New water services and meters are required for each new lot. Water services and meters will be sized based on plumbing fixture counts submitted at time of building plan or civil plan review. Domestic Charge (YMC § 7.56.050). Base Irrigation Charge (YMC § 7.56.060) shall apply if using domestic water for irrigation. Installation Charges (YMC § 7.68.043). Extension of a new public waterline through the site in a public utility easement is required. The new public waterline is required to be looped through the site and connected at two separate approved locations (Per YMC § 12.04.020, 12.04.030). 16' easement is required for public water facilities, including waterlines, water services and meters, and fire hydrants on private property (YMC § 10.10.050). (YMC § 7.68.070) Domestic water services to the site are required to have an approved reduced pressure backflow assembly if buildings are greater than 35' in height. Fire sprinkler service required shall be equipped with an approved double check backflow assembly. Assemblies required to be installed just inside the building prior to any other branch or connection. Yakima Regional Clean Air Agency (YRCAA): Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with Yakima Regional Clean Air Agency (YRCAA). Burning is prohibited at all times during land clearing. Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed Powerhouse Villas PD #OOl-15; PLP #002-15; SEPA#026-15 10 IN EX by a licensed asbestos abatement contractor prior to demolition; and notification for the demolition must be filed with the YRCAA. A list of all DST comments can be found in file No. PD#001-15 TRAFFIC CONCURRENCY ORDINANCE This application has been reviewed and approved (November 3, 2015) for consistency with YMC Ch. 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This project is expected to generate 179 PM Peak Hour Trips. PROJECT CONSISTENCY During project review, it has been determined that this request is consistent with YMC § 16.16.020(A) for making a determination of Consistency as follows: a. The proposed two and multi -family dwelling units are Class (1) land use in the R-3 zoning district; b. The density of the development is allowed 13+ dwelling units per acre, which is compatible with the R-3 zoning district and the High Density Residential Future Land Use Designation; c. Adequate public facilities are available to serve this site; and d. The proposed dwelling units shall meet all applicable development standards for construction in the R-3 zoning district. CONCLUSIONS 1. The proposed development is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan and the applicable standards of the Yakima Urban Area Zoning Ordinance and Subdivision Ordinance. 2. This project was reviewed and approved under the Transportation Concurrency Ordinance on November 3, 2015. 3. This project was subject to SEPA Environmental Review. An DNS was issued on October 13, 20015; no appeals were filed. 4. One written comments from a non-SEPA agency was received. RECOMMENDATION Staff recommends approval of the proposed Planned Development and Preliminary Long Plat of Powerhouse Villas Phase 1-3, subject to the following conditions: A. B. General Conditions: 1.AII proposed construction is subject to plan review, inspections, and building permits. 2.The existing DID shall be relocated to avoid new any new buildings over the pipe or within the easement. Planned Development Conditions: 1.The applicant and City of Yakima shall enter into a Development Agreement codifying all development standards and conditions of approval prior to final plat approval and recorded in accordance with RCW Ch. 36.706 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. Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 11 3.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. 4.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. 5.No SEPA DNS appeals were filed; the appeal date ended October 27, 2015. C. Subdivision Conditions for Final Plat: 1.A current title certificate shall be submitted to the City of Yakima, Department of Community and Economic Development, consisting of a report listing all parties having an interest in the "land" to be divided and a legal description of the "land". 2.A note shall be placed on the face of the Final Plat stating "The streets within this plat are private and do not meet the standards for public streets. If the streets are ever to be made public, they will have to be reconstructed to meet the City Standards at that time." 3.The developer shall submit detailed plans for frontage improvements, private roads, and water and sewer connections to the City Engineer for approval, and shall build or bond said improvements prior to approval of the final plat (YMC Title 12). 4.A street Tight shall be installed in the Swan Ave. cul-de-sac. 5.The developer shall submit the Developer's Home Owner's Association and Common Area Maintenance Plan and outlining how the internal streets and common space will be maintained. 6. Parcel No. 181314-33021 located at 3101 Powerhouse Rd shall be granted access to Swan Ave as part of the property's continued access to Powerhouse Rd. 7.AII addresses shall be as specified in the findings of this report and must be clearly shown on the face of the final plat. In addition, the following note shall be placed upon the face of the final plat: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change". The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 8.Minimum eight -foot -wide utility easements shall be dedicated along the frontage of each lot in the subdivision (YMC § 12.02.020). 9.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. Powerhouse Villas PD #001-15; PLP #002-15; SEPA#026-15 12 OF Appendix A Preliminary Addressing: Lot 1 Lot 2 r 703 N 31St Ave. Lot 23 717 N 29th Ave. 2901 Willow St. 705 N 31St Ave Lot 24 Lot 3 Lot 4 Lot 5 707 N 31st Ave.Lot 709 N 31St Ave. / 306 Swan Ave. 25 Lot 26 Lot 27 2903 Willow St. 2905 Willow St. 3001 Willow St. 708 N 29th Ave. / 2904 Swan Ave. Lot 6 Lot 7 Lot 8 706 N 29th AveLot 704 N. 29th Ave _............_ .............._....._.._.._.......__- 28 Lot 29 716 N 30th Ave. 714 N 30th Ave. 702 N 29th Ave. Lot 30 712 N 30th Ave. / 3001 Swan Ave. Lot 9 Lot 10 703 N 29th Ave 705 N 29th Ave Lot 31 3003 Swan Ave. 3005 Swan Ave. Lot 32 Lot 11 2902 Swan Ave. / 707 N 29th Ave Lot 33 3007 Swan Ave. Lot 12 Lot 13 2900 Swan Ave. Lot 34 Lot 35 3101 Swan Ave. 3103 Swan Ave, 2808 Swan Ave. Lot 14 2901 Swan Ave. / 710 N 29th Ave. Lot 36 3105 Swan Ave. Lot 15 Lot 16 2903 Swan Ave. Lot 37 3107 Swan Ave. 3109 Swan Ave. 12905 Swan Ave. / 713 N 30th Ave. Lot 38 Lot 17 2906 Willow St. / 715 N 30th Ave. Lot 39 3104 Swan Ave.. Lot 18 Lot 19 2904 Willow St. Lot 40 3102 Swan Ave. / 708 N 31st Ave. 706 N 31St Ave. 2902 Willow St. / 712 N 29th Ave. Lot 41 Lot 20 Lot 21 711 N 29th Ave. / 2809 Swan Ave. 713 N 29th Ave, 715 N 29th Ave. Lot 42 Lot 43 704 N 31St Ave. 3106 Swan Ave. Lot 22 Powerhouse Villas PD #OOl-15; PLP #002-15; SEPA#026-15 13 onOrifigii 1 100 IMF INVESTMENTS — "POWERHOUSE VILLAS" PD#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER B Site Plan antm Iron 0111, W 111 MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF POWERHOUSE VILLAS IN THE SW 1/4 OF THE SW 1/4 OF SEC. 14, T-13 N, R-18 E,W.M. PARCH. Bich. *121442008 twit crAr r -!C "'LOT 22`11 • sa,TDa SWAN AVENUE LOT 43 21,3'29 /,‘. �� PA EM 14 5-13 N, R-18 4,88 2-1/Y Al M-18 0911 32FIN2, i SEE LCR 2 PAP PRIVATE STREETS NOTES 1, PROPERTY !`5 205E0 4-3, MUL7»FAMILY REM) 2. THE PARCELS CONTAIN 1145 ACRES 3. STREETS W1LL 92 PRIVATE STREETS, MA:NTAINED 9Y A NOME OWNERS ASSDCIAMON. 4. STORM WATER DRAINAGE 15 PROPOSED TO BE MANAGED ON-SITE 5. SANITARY SEWER WILL HE CONNECTED TO THE Ott DP YAKIMA SEWAGE COLLEC7ON SYSTEM. 0, DOMESTIC WATER 21'1 BE CONNECTED TO THE CITY OF YAKIMA DOMESTIC WATER SYSTEM. 7, 152 UNDERGROUND POWER, TELEPHONE, NATURAL GAS AND CABLE TELEN510N SYSTEMS MILL BE PROMDEO BY THE RE5PECi7VE UTILITY. 8. BU1015* SETBACKS FRONT - 375' FROM CENTERLINE OF PRIVATE ROAD 502 - 10' FROM LOT LINE; 325' FROM CENiER*NE OF PRIVATE ROAD. REAR - 15' FROM LOT LINE OWNER/DEVELOPER BILL FRGDSHAM DMF INVESTMENTS. INC.. 1819 S 41N AVENUE YAKIMA, WASHINGTON 98902 PH: 453-3897 R 4 P S A ENGINEER/SURVEYOR RICK WEER PLSA ENGINEERING AND SURVEYING 1120 W. LINCOLN AVENUE YAKIMA, WASHINGTON 98902 Fi PH: 575-6990 ENGSEERWG-SURVEYING-PLANNING 1120 WEST LBOCOLN AVENUE YAKIMA, WASHINGTON 98902 15091 575-6990 LEGAL DESCRIPTION LOS 1, 2. 3 AND 4 OF SHORT PLAT RECORDED UNDER AUDITOR'S FILE N0, 7879993, RECORDS OF YAKIMA COUNTY, WASHINGTON. 3 SW 1/4, SEC 7-13 N, 0-19 0W14 10C. INDEX -I DMF INVESTMENTS — "POWERHOUSE VILLAS" PD#001-15, PLP#002-15 & SEPA#026-15 ft on" 010101104.*11 t EX:IIBIT LIST CHAPTER C Maps �1 ■ Maps: Vicinity, Zoning, Future Land Use, Utilities, Arterial Project Vicinity Map PD#001 -15 Related Projects: SEPA#026-15, PLP#002-15 Applicant: DMF INVESTMENTS INC Location: 3201 POWERHOUSE RD Monday - 07/27/2015 - 02:04:44 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices 1,;10,000 r LI F lab Lnglcwu JAve P13 Slop, Chug dl Ima ndhti s, Ad. enlul humuroa Irdc LI Kir .m F'Ir.1-. Mtul Church E n utrrrno lrip • 1•1n•rt , ELIC N?a1 Slat Ep l ensu Club r- P 1 F,mL ink_ II II III. Chu„h ,I t Ft,' Ma 71•ma CA, CI Ih11C 44.14: Fust. ale Eli ul.ov411110r0 tnutv.owl.A,. R=.Mrl„v, t Irkln -y A. Sources: Esri, beLorme, NAVTEQ, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN•,t goBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri b14tha,(Hong Kong), swisstopo, and the GIS User Community Proposal: Master Planned Development for Powerhouse Villas consisting of 3 phases to subdivide approxima t2 acres into 43 multi -family residential lots in the R-3 zoning district. INDEX 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. 1:4,000 L 71: .... .. ..... Epic, ti Iiir�V1 `�I C Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Orysivance Survey, Esri Japan, METI, Esri China (Hong Kong)Awisstopo, andlje GIS User Community PD#0O1-15 Proposal: Master Planned multi -family residential lots Parcel List: 18131433016 Related Projects: SEPA#026-15, PLP#002-15 Applicant: DMF INVESTMENTS INC Location: 3201 POWERHOUSE RD Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 in the R-3 zoning district. DOC. !NDS ='u • • Project Parcels Vicinity Map Contact City of Yakima Planning Division at 509-575-6183 Monday - 07/27/2015 - 02:04:46 City of Yakima - Geographic Information Services 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. 1:4,000 ••• i • • • • • • i Fplc Sources: Esri, DeLornle. NAVTEQ, TomTorn, Interrnap. increment P Corp EBCO USGS. FAO, NPS. NRCAN, GeoBase. IGN. daster NL, r.'!lance Survey, Esri Japan, METI, Esri China (I -long Kong).:swisstopo. arid,llie GIS User Community PD#OO 1-15 Proposal: Master Planned multi -family residential lots Parcel List: 18131433016 Related Projects: SEPA#026-15, PLP#002-15 Applicant: DMF INVESTMENTS INC Location: 3201 POWERHOUSE RD Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 in the R-3 zoning district. Low Density Residential Medium Density Residential High Density Residential Future Land Use Map Professional Office Large Convenience Center Regional Commercial Arterial Commercial Neighborhood Commercial um CBD Core Commercial Industrial Project Parcels DOC. INDEX d� Contact City of Yakima Planning Division at 509-575-6183 Monday - 07/27/2015 - 02:04:46 City of Yakima - Geographic Information Services 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. M-1 F i ., )tAv L,t R-2 1 1:4,000 R-3 ..................... Epic. Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P Copp . GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong); swisstopo, and the GIS User Community PD#001-'15 Proposal: Master Planned multi -family residential lots Parcel List: 18131433016 Related Projects: SEPA#026-15, PLP#002-15 Applicant: DMF INVESTMENTS INC Location: 3201 POWERHOUSE RD Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 in the R-3 zoning district. Yakima Urban Area Zoning Outlines Floodway Areas Project Parcels DOC. INDEX Zoning Map Contact City of Yakima Planning Division at 509-575-6183 Monday - 07/27/2015 - 02:04:46 City of Yakima - Geographic Information Services 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. i i 601 ;7 1 1:4,000 r [VAu:�1E1� L3h u) 15 88 8 Epic Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, inc'r `r ent P Corrpp. BCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadag( NL dg)�'swance Survey, Esri Japan, METI, Esri China (Hong Kong stopo, ande;GIS User Community PD#001-15 Proposal: Master Planned multi -family residential lots Parcel List: 18131433016 Related Projects: SEPA#026-15, PLP#002-15 Applicant: DMF INVESTMENTS INC Location: 3201 POWERHOUSE RD Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 in the R-3 zoning district. 9• Project Parcels Hydrants Water Pipes DOG. INDEX # 1 Utilities Map Contact City of Yakima Planning Division at 509-575-6183 Monday - 07/27/2015 - 02:04:46 City of Yakima - Geographic Information Services 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. 4 ge Di. jt'alG, 9ba. 6LyB'. i';'" Gettif��+� a 5 v rit1 (-U, SGP, sw kagr aj PD#QO1-15 Proposal: Master Planned multi -family residential lots Parcel List: 18131433016 Related Projects: SEPA#026-15, PLP#002-15 Applicant: DMF INVESTMENTS INC Location: 3201 POWERHOUSE RD Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 in the R-3 zoning district. DOC. INDEX Project Parcels Aerial Photo Map Contact City of Yakima Planning Division at 509-575-6183 Monday - 07/27/2015 - 02:04:46 City of Yakima - Geographic Information Services 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 DMF INVESTMENTS — "POWERHOUSE VILLAS" PI)#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER D DST Review DOC INDEX DOCUMENT DATE D-1 DST Request for Comments 08/17/2015 D-2 Comments from Carolyn Belles, Permit Project Coordinator 08/18/2015 08/25/2015— D-3 Comments from Mike Shane, Water/Irrigation Engineer D-4 Comments from Mike Shane, Development Engineer 08/25/2015 D-5 Comments from Randy Meloy, Surface Water Engineer 08/25/2015 D-6 Additional Comments from Randy Meloy, Surface Water Engineer Comments from Kevin Futrell, Transit Project Planner 08/26/2015 09/30/2015 D-7 D-8 Comments from Joe Rosenlund, Streets & Traffic Operations Manager 10/13/2015 12) Novemher-,42015 To: Trevor Martin Assistant Planner From: Joe Rosenlund Streets & Traffic Operations Manager Re: PDF 001-15, 3201 Powerhouse, DFMF Investments 1 Street Tight is required in cul-de-sac on Swan Avenue. 00(2. DEX # -� All-American City 111111 DST Comments Transit Division 509-575-6175 2301 Fruitvale Blvd. Yakima, WA 98902 DATE: September 30, 2015 TO: Trevor Martin, Assistant Planner FROM: Kevin Futrell, Transit Project Planner SUBJECT: PD 001-15, PLP 002-15, SEPA 026-15 - Powerhouse Villas - Transit DST PROPOSAL: Planned Development Multi -Family Residential Subdivision in the R-3 zone LOCATION: 3201 Powerhouse Rd, Yakima, WA 98902 PARCEL NOs:181314-33421, -33422, -33423, and -33424 COMMENTS: Yakima Transit currently provides fixed -route bus service along 40th Avenue and Fruitvale Blvd. (Routes 7 & 9) to the west and north; along 34th and Castlevale Avenues (Routes 3 & 4) to the west and north; and, along Lincoln Avenue (Route 1) south of this site within the FTA defined walk -to -route distance of 3/4 of a mile. There are no sidewalks along the site's frontage. Sidewalk exists along Powerhouse on the opposite side of the street. Yakima Transit provides limited services for school -aged children, including those that do not qualify for the school district's bussing program, because they are within a mile of the school. The following schools are located within a mile of the proposed subdivision: • EPIC Head Start School (adjacent to the north) • Robertson Elementary School (0.14 miles) • Gilbert Elementary School (0.80 miles) • Roosevelt Elementary School (0.90 miles) Because the proposed subdivision is within Transit's service area and near facilities for school -aged children, sidewalks should be installed along the site's frontage on Powerhouse Road and along all the roads throughout the proposed development to accommodate special population group's accessibility to the bus system. With the proposed development being used for multi -family housing for potentially close to 500 individuals, there is anticipated to be an impact on Yakima Transit's system; however, no additional transit - related improvements are needed for the proposed development. Transportation Goals and Policies: Goal T-8.2 - Policy 1: Determine the need for accommodating special population groups at the Transit Stop Improvement Project level such as accessibility and ADA requirements, concentration of school age or elderly residents or other unique land use issues. (Yakima Urban Area Transportation Plan 2025, Ch. 8, p.3) Goal T-8.2 - Policy 2: Coordinate Transit Stops and other facilities at the Project level, including the need for additional or relocated Transit Stops, Bus Pull-outs, Shelters or other special improvements. (fibe Urban Area Transportation Plan 2025, Ch. 8, p.3) INDEX All-American City 111111 Transit Division 509-575-6175 2301 Fruitvale Blvd. Yakima, WA 98902 DOC. /INDEX #�-1 Note Detail Type Id: Note Type:* Note Code: Text:'* Begin Date:* End Date: CaseStep DST - SURFACE WATER DST COMMENTS • Drainage improvement District (MID) #39 runs through the project site. f the applicant desires to re-route the DID line, they must get approval from the authorizing authority prior to any of the physical work of the re-routing being done. 08/26/2015 [15 Link: Publish on Portal - Private: Public: Attachments FileName No Records DOC. Got o x City of Yakima Engineering Memorandum Date: August 25, 2015 To: Trevor Martin Assistant Planner From: Randy Meloy Surface Water Engineer Subject: PD#001-15 Powerhouse Villas Trevor As this project involves clearing or grading one acre or more, a Stormwater Site Plan shall be required from the applicant. The main components of a Stormwater Site Plan are: • Drainage plan(s) and calculations • Stormwater maintenance agreement and plan • Proof that the maintenance agreement was recorded in the Yakima County Auditor's Office • Stormwater Pollution Prevention Plan (SWPPP) or Erosivity Waiver (Erosivity Waiver Certificate Statement required) The applicant is advised to read Chapter 7.83 of the Yakima Municipal Code to obtain all appropriate information concerning the Stormwater Site Plan and Chapter 7.82 for information concerning the Stormwater Pollution Prevention Plan. Grading and/or building permits shall not be issued without an approved Stormwater Site Plan. Complete stormwater design plans, specifications and runoff/storage calculations supporting the stormwater design are required pursuant to the Eastern Washington Stormwater Manual and City of Yakima standards. These plans and control measures must be completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. UIC Registration - Stormwater In accordance with Chapter 2 Section 2.4 of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells that Manage Stormwater Publication Number 05-10-067, Underground Injection Control (UIC) wells constructed on or after February 3, 2006 are considered new and must be registered with the Department of Ecology (DOE) prior to construction. Randy Meloy Surface Water Engineer City of Yakima (509) 576-6606 DATE: August 25, 2015 TO: Trevor Martin, Assistant Planner FROM: Mike Shane, Water / Irrigation Engineer RE: PD #001-15/PLP#002-15/SEPA#026-15 — 3201 Powerhouse Rd. (Parcel # 18131433016) DMF INVESTMENTS INC, Powerhouse Villas Project Description – Master Planned Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 multi -family residential lots in the R-3 zoning district. This project requires Title 12 improvements, including but not limited to the following: 8.67 and 12.05 – New curb, gutter and sidewalk, including associated pavement widening and storm drainage, shall be installed along Powerhouse Rd. Private street section shall conform to standard detail R3. New sidewalks shall be constructed per standard detail R5. 8.64 – Driveways to be constructed per this chapter and standard detail R4. 8.72 – An excavation and street break permit shall be obtained for all work within the public right of way. Refer to chapter 8 for requirements. Roads less than five years old can be cut, but will cost one hundred fifty percent of restoration fee with no PCI discount. 12.02 –Easements will need to be established per this chapter. 12.06.050 Cul-de-sac streets - Cul-de-sacs shall be constructed within a street right-of-way eighty feet in diameter and have an improved diameter of sixty-five feet. The maximum length of a cul-de- sac street shall be six hundred feet measured along the street centerline from the nearest through street intersection to the center of the cul-de-sac. 12.06 – Street and right of way widths shall conform to this section unless otherwise approved. 50' of right of way is required for the new streets. Private streets shall be constructed with curbs, sidewalks, and street lighting and shall otherwise conform to the standards for public streets. Private streets shall provide cul-de-sac/hammer head turnaround to accommodate emergency and refuse collection vehicles. Phased developments shall provide for adequate temporary turnarounds between project phases. All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. An existing 15" DID pipe crosses the site from northwest to southeast. The DID shall be relocated to avoid new any new buildings over the pipe or within the easement. Contact Yakima County to coordinate. Mike Shane - Water/Irrigation Engineer (509) 576-6480 Fax (509) 575-6187 mike. Shane@yakimawa. gov DC. IND... - Water / Irrigation Division Working Together Toward Excellence in Service and Quality 2301 Fruitvale Blvd. Yakima, WA 98902 The abandoned 24" steel waterline should be cut and capped, filled with controlled density fill (CDF) or removed to avoid deterioration and settlement. The following are requirements based on provisions in the Yakima Municipal Code: • New water services and meters are required for each new lot. Water services and meters will be sized based on plumbing fixture counts submitted at time of building plan or civil plan review. Domestic Charge (7.56.050). Base Irrigation Charge (7.56.060) shall apply if using domestic water for irrigation. Installation Charges (7.68.043). Installations and/or relocations shall be completed by City of Yakima at the owner's expense. Contact Emilio Lopez (575-6196) for costs and to coordinate work. Extension of a new public waterline through the site in a public utility easement is required. The new public waterline is required to be looped through the site and connected at two separate approved locations (12.04.020, 12.04.030). • 16' easement is required for public water facilities, including waterlines, water services and meters, and fire hydrants on private property (10.10.050). Domestic water services to the site are required to have an approved reduced pressure backflow assembly if buildings are greater than 35' in height. Fire sprinkler service required shall be equipped with an approved double check backflow assembly. Assemblies required to be installed just inside the building prior to any other branch or connection (7.68.070). Mike Shane - Water/Irrigation Engineer (509) 576-6480 Fax (509) 575-6187 mike.shane@yakimawa.gov DCC. INDEX Water / Irrigation Division Working Together Toward Excellence in Service and Quality 2301 Fruitvale Blvd. Yakima, WA 98902 DATE: August 25, 2015 TO: Trevor Martin, Assistant Planner FROM: Mike Shane, Water / Irrigation Engineer RE: PD #001-15 — 3201 Powerhouse Rd. (Parcel #'s 18131433016) DMF INVESTMENTS INC, Powerhouse Villas Project Description – Master Planned Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 multi -family residential lots in the R-3 zoning district. The following are general comments for the above referenced project: There's an existing looped 8" waterline in Powerhouse Rd. and a looped 8" waterline in an easement along the easterly property line between Jerome Ave., Swan Ave. and Willow Ave. There's an abandoned 24" steel waterline which crosses the site from the northwest to the southeast. There is no domestic water service to the site. Static pressure range at the site is 48 – 53 psi. • There are two existing fire hydrants off of the looped 8" waterline in Powerhouse Rd. across from the site. • All new fire hydrant requirements to be determined by Codes and Fire Dept. • Maximum available fire flow from looped 8" waterline – 2,800 gpm • Site is not within the City of Yakima's irrigation service area. There may be other private irrigation water available to the site. If existing irrigation is available, it should be utilized for the site's landscape irrigation, instead of using the domestic water system. • A detailed civil site plan should be provided for review which accurately shows all existing and proposed utilities and improvements. Detailed plumbing fixture counts for the proposed buildings will be needed at time of building permit submittal to determine the adequate size of the water services and meters to serve specific sites. • The existing 8" waterline along the easterly property line can be abandoned as part of the site development. Detailed comments will be provided at time of civil plan review. Mike Shane - Water/Irrigation Engineer (509) 576-6480 Fax (509) 575-6187 mike.shane@yakimawa.gov DOC. INDEX 1111111111111111111111111111111111111111 August 18, 2015 Lot 1: Lot 2: Lot 3: Lot 4: Lot 5: Lot 6: Lot 7: Lot 8: Lot 9: Lot 10: Lot 11: Lot 12: Lot 13: Lot 14: Lot 15: Lot 16: Lot 17: Lot 18: Lot 19: Lot 20: Lot 21: Lot 22: Lot 23: Lot 24: Lot 25; Lot 26: Lot 27: Lot 28: Lot 29: Lot 30: Lot 31: Lot 32: Lot 33: Lot 34: Lot 35: Lot 36: Lot 37: Lot 38: Lot 39: Lot 40: Lot 41: Lot 42: Lot 43: ( OM//VI/ ➢' ill U'l; /..)/ "ill /l A) I N4, 4 /,t' % Cpl l;T'Y� Office of Code Administration 129 North Second Street, 2"d Floor Yakima, Washington 98901 (509) 575-6126 Fax (509) 576-6576 codes(u)yakinrawa.gov wwrv.buildingyakima.com Prcliminar'v Addre s im. for PD#4J01-1 , B%Il Frodsham/IDM invesImc Viclnit of Po^erhouse Rd and N 32"d Ave. 703 N 319' Ave. 705 N 319' Ave. 707 N 319' Ave. 709 N 319' Ave. / 3006 Swan Ave. 708 N 291 Ave. / 2904 Swan Ave. 706 N 291 Ave. 704 N 296 Ave. 702 N 29th Ave. 703 N 291 Ave. 705 N 291 Ave. 2902 Swan Ave. / 707 N 291 Ave. 2900 Swan Ave. 2808 Swan Ave. 2901 Swan Ave. / 710 N 291 Ave. 2903 Swan Ave. 2905 Swan Ave. / 713 N 301 Ave. 2906 Willow St. / 715 N 30th Ave. 2904 Willow St. 2902 Willow St. / 712 N 291 Ave. 711 N 291 Ave. / 2809 Swan Ave. 713 N 291 Ave. 715 N 291 Ave. 717 N 29th Ave. 2901 Willow St. 2903 Willow St. 2905 Willow St. 3001 Willow St. 716 N 30th Ave. 714 N 30th Ave. 712 N 30th Ave. / 3001 Swan Ave. 3003 Swan Ave. 3005 Swan Ave. 3007 Swan Ave. 3101 Swan Ave. 3103 Swan Ave. 3105 Swan Ave. 3107 Swan Ave. 3109 Swan Ave. 3104 Swan Ave. 3102 Swan Ave. / 708 N 319' Ave. 706 N 319' Ave. 704 N 31e1 Ave. 3106 Swan Ave. Carolyn Belles, Permit Project Coordinator i `11.541 i Ul a y t, .wasus, 509-575-6261 DOC. /NDEX 1)_02 X. ▪ *1/03552158 ,X.-13 N, R-19 EW1 i AXE FO,WD MOM SEE LCR 1 Y-1367' P6110c1 ,CF. 111,11-x 1 MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF POWERHOUSE VILLAS IN THE SW 1/4 OF THE SW 1/4 OF SEC. 14, T-13 N, R-18 E,W.M. MET 9AUMSI NC. 18aX-42720 5 9254't3' t 135317 PAIICEL / PRIM. M. 519.1-3900/ UM, IOU ML w i MI XXIV* FM / FAA mAem 1 r 11' L01.174.911 XXX, LOT Ti 7 .863 ,..1 IINJ.OW T. aS a a SEM 1110TXI wag. rar• PM= MO. Di'Sr4,151011 IMA -2111011 A0. SWAN AVENUE a a1 / PARINI\ 910. i 1• 111111•14-8.101k. ;\ ` /ARM. w 5151 titeam soi PPLF k 011. 515'41-70407 / PASOe ?[a V 51011* -19401 511 ORI SEC, 14 7-13 N. 0-10 EMM 2-1/2' AL CAP END A j SEE LCR 2 14-1532 LEGAL DESCAFTION LOTS 1. 2, 3 AND A OF SHORT PLAT RECORDED UNDER 400,1065 FILE N0. 7575992. RECORDS OF TAN 614 OWN111. WASHINGTON TANN CORM — U 17704MM AM. no• 12.0 Sae ll LIP,CE, SASCRMIE 1311591sT FLY CRC (XIMMCIX 3x ,9 IMITATE STEM NOTES 1. PROPERTY 6 200010 0-3, UUL7I-FAOILY RESOENTAL i M PAPIQS 000030* TT 16 ACMt 3 STREETS VAL BE PRIMATE STREETS, MA91TAPED BY A NONE 05*00 ASSOCIATION 4. STORM WATER DRAINAGE 5 PROMOS] 10 BE 508400 ON-SITE 5 SANITARY SEWER WU. BE CONE ECTID 10 THE CRY OF YAKNA SEWAGE 00IEC110N 5157]1 fi. DOMESTIC WATER WLL BE CONNECTS TO THE 012 OF TANNA OOMES1IC WATER 5751E12 7 150 UNDERGROUND POWER 1EFRHONE NATURAL CAS AND CAME 10,0 510. SYSTEMS Wll BE 79051000 BT' THE RESPECTIVE UIIUIY. 5 IMAiMNG SE155015 ERONT - 373 FROM CENIERLNE OF PRIVA IE RMD 506 - 10' FROM LOT UNE; 32 5 FROM CEM1ER111E OF PRIVATE ROAD REAR - 11' FROM LOT UNE OWNER/DEVELOPER DIGINEER/SUAVE/OR BOu. LE FA1K3144 ITL NC RSA OCMmK AAO SRLL11N5 919 1, M A1(2Y . S3 ■ LAM. AYES,( AKIRA M %91(100 59222 03 ILA. *055NOGG OGG PN: ‘33-311.1? 405-11!( PLSA ENQEEE8FF9URVEYPIG-PLAMIIG 100 WEy7 LPIC:AN ATOM 51001 NALII0TON 05902 100" D5 -44M0 � I WASTER PLANED OCVELOPLIDIT PRELSANART PLAT P WC FOL 155r11�114�4. 31CLTN=T Da 15101 IvAtf> M— OF i4VESTWENTS. raC COW, a 01 3a 1/4. 700 1/1 LCC Il T-13 % A-19 LMY tlor. 1/15/0215 pa M1032 NS FC 1 or 1 M1 ■ ■.tE /II ■ ■1 % PIahning City of Yakima Development Services Team Request For Comments August 17, 2015 To: City of Yakima Development Services Team From: Trevor Martin, Assistant Planner Subject: Request for comments Applicant: Bill Frodsham / DMF Investments File Number: PD#001-15 Location: 3201 Powerhouse Rd Parcel Number(s): 181314-33016 DST MEETING DATE: 8/2512015 Proposal Master Planned Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 multi -family residential lotsin the R-3 zoning district. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held August 25, 2015, at 2:00 p.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is trevor.martin@yakimawa.gov and the Planning Departments fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: Contact Person Department/Agency DOC, DMF INVESTMENTS — "POWERHOUSE VILLAS" PD#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER E SEPA Checklist , , �� �o egg;; , 1, 1 70 Il:v1r� rvrvu� b i li$\i11 111!101 Il " 111111' ii ,o 00 qii IA ENWRONMENTAL CHECK SI ATE ENVIRONMENTAL POLICY ACT (SLrA) (AS TAKEN FROM WAC 197-11-960) YAKIMAMUNICIPAL CODE CHAPTER 6.88 WAC 197-11-960 Environmental checklist. ST Purpose of checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you are unsure of the answer or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have difficulty, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." In addition, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. D It- SEPA CHECKLIST FOR DMF INVESTMENTS, INC. PLSA JOB. NO. 14033 A. BACKGROUND 1. Name of proponent: Bill Frodsham DMF Investments, Inc. Address of proponent: 1819 South 4th Avenue Yakima, WA 98902 Phone: 509-453-6887 2. Person completing form: Rick Wehr Address: PLSA Engineering & Surveying 1120 West Lincoln Avenue Yakima, WA 98902 Phone: 509-575-6990 3. Name of Property Owner: DMF Investments, Inc. Address: 1819 South 4th Avenue Yakima, WA 98902 4. Date checklist submitted: June, 2015 5. Agency requesting checklist: City of Yakima Planning Division 6. Name of Proposal, if Applicable: Powerhouse Villas, Phases 1 thru 3 7. Proposed timing or schedule (including phasing, if applicable). Anticipate completing development in 3 phases over approximately 3 to 5 years, beginning in 2016. 8. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? Not at this time 9. List any environmental information you know about that has been prepared, or will be prepared, directly relating to this proposal. None known SEPA Checklist 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. City of Yakima Master Planned Development and Subdivision Approval City of Yakima approval for street, drainage, domestic water and sanitary sewer infrastructure construction 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 approximately 12 acres into 43 multifamily residential lots. 11 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. This project is located at 3201 Powerhouse Road on the north side of said road. The project extends approximately from 28th Avenue to 32th Avenue. It is situated within the SW1/4 of the SW1/4 of Sec. 14, R-13 N, R-18 E, WM. See attached preliminary plat drawing for vicinity map, legal description, topographic survey and other information. 14. Taxation Parcel Number(s): 181314-33016 B. ENVIRONMENTAL ELEMENTS (Attach additional sheets if necessary) 1. EARTH a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: with a steep slope on the front portion of the parcel. b. What is the steepest slope on the site (approx. %): + 25% for a very short distance SEPA Checklist 2 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 Wierman-Ashue soils. Soil conservation services classifications consist primarily of Sandy Loam with the upper surface being loamy fine sand and the lower portion is extremely gravelly sandy loam. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. 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 is expected. No fill is proposed and no net increase or decrease in quantity of material is anticipated. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. Not likely About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Possibly up to about 53%. 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 stormwater 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. DOC SEPA Checklist 3 da.IL ,"f , r:n' 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. 3. WATER a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. 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. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities if known. No 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No SEPA Checklist 4 DEX lt b. Ground 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No 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 stormwater): 1) Describe the source of runoff (including stormwater) 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 stormwater drainage systems will be implemented to collect and manage the surface and runoff water impacts. 4. PLANTS a. Types of vegetation found on the site: Decideous trees: Various scrub elm and apple trees Evergreen trees: None Others: Various weeds such as cheat grass, thistle, morning glory, can be found on the site. SEPA Checklist 5 DC C INsE _._-.. b. What kind and amount of vegetation will be removed or altered? Literally all existing vegetation will be removed. c. List threatened or endangered species known to be on or near the site. None known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Each residential lot will be landscaped with typical residential lawns, trees, flowers and shrubs. 5. ANIMALS a. Any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: Black Birds, Songbirds, Starlings, Sparrows, Magpies, Robins, Quail, Hawk Mammals: Mice, gophers, squirrels Fish: None b. List any threatened or endangered species known to be on or near the site. None known c. Is the site part of a migration route? If so, explain. No d. Proposed measures to preserve or enhance wildlife, if any: None 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs) Describe whether it will be used for heating, manufacturing, etc. Electric, natural gas, wood and solar energy may be used for space heating, cooling, lighting and power. SEPA Checklist 6 DEX 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 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 that might be required. N/A 2) Proposed measures to reduce or control environmental health hazards, if any: 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 noises during street, utility and building construction during daylight hours. Long Term: Typical residential maintenance equipment, i.e. lawn mowers, leaf blowers, power trimmers, snow blowers, etc. primarily during daylight hours. SEPA Checklist 7 DOC 3) Proposed measures to reduce or control noise impacts, if any: None, other than industry and regulatory requirements for construction and maintenance equipment. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently not being used productively. Adjacent properties include moderate to low density residential, a storage facility and school facility. b. Has the site been used for agriculture? If so, describe. Yes. Fruit orchard. c. Describe any structures on the site. Concrete foundations for small warehouse/shop/small barn and an irrigation structure and a wood foundation/floor for an out building. d. Will any structures be demolished? If so, what? Yes. All foundations will be removed. e, What is the current zoning classifications of the site? R-3 multi -family residential f. What is the current comprehensive plan designation of the site? Multi -family housing g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? No i. Approximately how many people would reside or work in the completed project. 327+ SEPA Checklist 8 INDEX j. Approximately how many people would the completed project displace? 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. Approximately 109, middle income, housing units will be created. b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: None 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Maximum building height of 50 feet per zoning ordinance Principal exterior building material will be wood and masonry. b. What views in the immediate vicinity would be altered or obstructed? None known SEPA Checklist 9 EX c. Proposed measures to reduce or control aesthetic impacts, if any: Compliance with zoning and building code regulations regarding building height, 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. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Chesterly Park is located within 3/4 mile. 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 SEPA Checklist 10 D INDEX omm 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 c. Proposed measures to preclude or control impacts, if any: None 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Powerhouse Road borders the westerly perimeter of the site. Swan Avenue on the easterly perimeter will provide emergency access only to 28th Avenue. Primary access will to Powerhouse Road. See attached preliminary plat drawing. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. Yakima Transit Service available at 34th Avenue, 1/8th mile west from site. c. How many parking spaces would the completed project have? How many would the project eliminate? Minimum of two per each single family residence. 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. New private streets will be extended throughout the site to provide access to each of the proposed lots. 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 SEPA Checklist 11 IN Ex 0 f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur? Approximately 1100 vehicular trips per day could be generated. Peak volumes are expected to occur during morning and late afternoon weekday work commute hours. g. Proposed measures to reduce or control transportation impacts, if any: None proposed 15. PUBLIC SERVICES 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. Probable incremental increased demand for fire and police protection, public safety services and schools could be anticipated, relative to the potential population increase. 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, electricity, natural gas, refuse service, telephone, sanitary sewer, cable TV 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 - City of Yakima Domestic Water - City of Yakima Electricity - Pacific Power Telephone - Qwest Cable - Charter Communications Refuse Service - Yakima Waste Systems or City of Yakima Natural Gas - Cascade Natural Gas General construction activities include trenching for underground utilities. All utilities are proposed to be underground. SEPA Checklist 12 o 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. Proponent or Person Completing Form Property Owner SEPA Checklist 13 DOC. IND # RECEIVED JUS 2 4 2015 ( . A ,� Div. DMF INVESTMENTS — "POWERHOUSE VILLAS" PCS#001-15, PLP#002-15 & SEPA#026-15 EXHIIT LIST CHAPTER F Applications F-2 Land Use Application for Planned Development/Preliminary Long Plat F-3 Transportation Capacity Analysis Application 07/06/2015 07/24/2015 10/28/2015 -c t-15 1 City of Yakima, Washington, TRANSPORTATION CAPACITY ANALYSIS ;i" UF VAKIIVIA PLANNING DIV The Washington State Growth Management Act (RCW 36.70A.070) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted Yakima Municipal Code Section 12.03 to implement this local requirement. The information you provide with this application will be used to estimate the impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFORMATION FEE: $250 (Receipt # D F -- /til J� S7AAGx T S Applicant Name' ........ ..............-.��..� Contact Person: E3! F:720 (2glaAAA Mailing Address: -/„3 / 9 5 .f?Ce ,Q_ oz Project Address:? 0/ 17" 14)= u��.►sr-. Parcel Number: 151314— 330/C. RESIDENTIAL Number of Units Z 5 Des Housing Type:,)t.A ULTI FA�t /L,Y (single family, Apartment, condo, MIP) Special Population: No, J (Assisted Living, Nursing Home, etc) Other: IV 0,V E (Day Care, Church, etc) Project Description: 5(,)Z3 DiutC l `l Oma...__ ..: .. ..,:__.. ...127 Folz A SMALL i4 Pi4� COMMERCIAL rhoSTLS' DuPLE7- ibe_ t— __Des. SCALD IA14,5 Gross Floor Area: Parking Spaces: (Required/Provided) Number of Employees INDUSTRIAL W 1 A FEW .ibe LLr m . e.,r f 8uiLD1,414 Gross Floor Area: Parking Spaces: (Required/Provided) Number of Employees izmou !V! .- B to Lniltic., *****PLEASE ATTACH A SITE PLAN***** Submit this form , attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruitvale Boulevard, Yakima, WA 98902 Phone: 509/575-6005 DOC, INDEX # F-3 c, V11111111118 , LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 t.^I , VOICE: (509) 575-6183 FAX: (509) 575-6105 - 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 information specific to your proposal and MUST be attached to this page to complete the application. PART I - GENERAL INFORMATION 1. Applicant's Information: 2. Applicant's Interest 3. Property Information than 4. Subject 5. Legal or4;? 6. Property 7. Property's • SR 8. Type III M M • • M III • • PART in Property: Owner's (If other Applicant): Property's Assessor's Description of Property. 1 i' e,,....47 Address: ?-:/ii)..,:- Existing Zoning: M R-1 • R-2 Of Application: (Check Administrative Adjustment Type (1) Review Type (2) Review Type (3) Review Preliminary Short Plat Final Short Plat Short Plat Amendment Preliminary Long Plat Final Long Plat Plat Alteration -Long Name: Mailing Address: City: E -Mail: Check One: Name: Mailing Address: City: E -Mail: Parcel (if lengthy, q Qi---. pobc R-3 II B-1 All That Plat E5(1, 1- PRO 1)5141A M Fog' DM F: "7096 Purchaser Zip: -.".ii 1-1)lig • GC IN TAIL? zPhonc: • Inoue) AS MI EST tviExtr1 I#./ e.... k ) -30y - g7():6 .... Other - Number(s): please ----?Fitok-7-grawbE 2 ._ II B-2 Apply) M III • II M MI M . • II 1 0 1 7 ".„5". ,/,'/,,,de. i 00,A Of Owner 1 - , ie 1 3 attach it on )?,,.4 ou,:-. M HB • Environmental Right -of -Way Transportation Non -Conforming Appeal to HE Interpretation Modification Home Occupation Comprehensive Short Plat Exemption:0 A • i , , a separate 47 SCC Checklist Vacation Concurrency Use/Structure / City by Hearing Plan 1st Agent , 5 0/ document) T), IM LCC • (SEPA Council Examiner Text or Map .. ... V//\.Izip: I • (f, "r) CBD Review) Amendment ...___...... I( ) Al M RD • M-1 • M-2 • Easement Release • Rezone • Shoreline • Critical Areas Review Variance • Temporary Use Permit M Overlay District • Binding Site Plan M Planned Development Other - II - SUPPLEMENTAL APPLICATION & PART III - REQUIRED ATTACHMENTS 9. SEE ATTACHED SHEETS PART V - CERTIFICATION 10.1 certify that the Property Owner's Sig, • Applicant's Signature information on this application and the required i 4 c attachments are true adarrecIto.4ie best of my knowledge. Date Date FILEAPPLICATION(S)O 4, 44i., Y.13),k Or) 1/4 )1 r ) Pl.,-P 4 (Xir) - P 0 11. Ci ' ‘''' DATE FEE 1AiD RJ11� flt knot 1, ,.- AMOUNT4PAIDt 1 INit'l U 0( 1 RECEIPT NO: raY Vr3V IL01,-16:1 Revised 07/2014 r 49" d LC/4'5U Page 3 DOC, INDEX # F-(72- Supplemental Application For: PLANNED DEVELOPMENT YAKIMA MUNICIPAL CODE CHAPTER 15.28 PART II - APPLICATION INFORMATION 1. PROPERTY OWNERS (attach if long): List all parties and financial institutions having an interest in the property. 5LI J` * 7/ A/ C, `` ( 'f+'4�,,U� 2. SURVEYOR AND/OR CONTACT PERSON WITHTHEIR �THEIRCONTAT 1TfI;O ._ . '�� � / zc2 4t,AJCO /4.r AVE. 1 S- /�h4A t WA. aqqt.'J' z PF1. 15757-69c/ 3. NAME OF PLANNED DEVELOPMENT: po wHc/�,,,,/J E' 'E,"-"' V/L,, L A, 5 4. ZONING OF SUBJECT PROPERTY: (check all that ❑ SR 0 R-1 0 R-2 111 R-3 0 B-1 0 B-2 0 HB 0 SCC ❑ LCC 0 CBD ❑ GC 0 AS ❑ RD 0 M-1 0 M-2 5. SITE FEATURES: W l A. General Description: INFlat ❑ Gentle Slopes in Steepened Slope B. Describe any indication of hazards associated with unstable soils in the area, i.e. slides or slipping? Aiga, 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? Ai 6. UTILITY AND SERVICES: (Check all that are available) Electricity r Telephone M. Natural Gas M Sewer Cable TV 7. OTHER INFORMATION: A. Distance to Closest Fire Hydrant: /00 t B. Distance to Nearest School (and name of school): l t 7-0 iZ037 /Ai5� /4 C. Distance to Nearest Park (and name of park): 3 500 t 14a5 PACI D. Method of Handling Stormwater Drainage: / 5/ E. Type of Planned Development: IN Residential 0 Commercial ❑ Industrial 0 Mixed Use Water 0 Irrigation 44 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) ( qCapacity )m 11. ENVIRONMENTAL CHECKLIST (required): 12. NARRATIVE: (attached, required) 13. DRAFT DEVELOPMENT AGREEMENT: ._._..._.............___ __....�,......._��.. _....,...._..___. _.__...._. T (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 denial of the development. r_ Property Owner Signature (required Date 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 7/A DOC. INDEX Supplemental Application For: PLANNED DEVELOPMENT YAKIMA MUNICIPAL CODE CHAPTER 15.28 PART IV - NARRATIVE 1. What land uses are proposed? The property will be used for multi -family residential lots. Will the land be subdivided? If so, what type of subdivision? (Long Plat, Short Plat, Binding Site Plan, etc) The land will be subdivided via the Long Plat process. How does the proposed Planned Development allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses? The project is integrating various levels of multi -family residential structures. A majority of the structures will be duplex structures with some tri-plex and four-plex structures and one 6-plex to 8-plex structure. The site is adjacent to an existing apartment complex, an M-1 industrial parcel, additional R-3 parcels and R-1 residential parcels. 4. Describe how the proposed Planned Development facilitates the efficient use of the land. The development of multi -family lots allows for higher density living units and more units per acre. Describe how the proposed Planned Development increases economic feasibility. (i.e. fostering efficient arrangement of land use, buildings, transportation systems, open space, and utilities) Economic feasibility is increased by having a high density development relatively close to the downtown core area. Existing utilities are on site and do not require a lengthy extension to get to the site. 6. How does the proposed Planned Development preserve or enhance natural amenities, features, shorelines and critical areas in the development of the site? The project is fairly close to the walking path over the old PP & L canal and will allow people to walk to Chesterly Park. 1 DOC. INDEX 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 back yards of the proposed lots adjacent to the property lines for a majority of the project. The project will only allow emergency access onto and from Swan Avenue, therefore it won't increase traffic on the streets to the east of the project. 8. How does the proposed Planned Development encourage environmentally sustainable development? All new buildings and houses will be constructed in accordance with the most recent energy codes. 9, What services and facilities are available to serve the subject property? Are those services adequate? 8" sanitary sewer main 8" Nob Hill water main 2" Cascade Natural Gas main Pacific Power Telephone Cable TV Irrigation Water All these services are available at or adjacent to the site and are sufficient to serve the proposed development. It is not known if the Cascade Natural Gas main is sufficient to serve the project. 10. Will the proposed development promote economic development, job creation, diversification, or affordable housing? Yes 11. How does the proposed development create vibrant mixed-use neighborhoods, with a balance of housing, employment, commercial, and recreational opportunities? The proposed project will promote economic development and diversification. The housing for the project is going to be targeted to medium income people and is adjacent to existing apartments, M-1 commercial property, R-1 residential property and the Triumph Condominium Center. 12, How is the proposed development consistent with goals, policies, and objectives of the Yakima Urban Area Comprehensive Plan? 2 DOC, I w�., The project provides for in -fill for housing and rentals while using already installed utilities and attaching to an existing arterial street. 13. How does the proposed Planned Development utilize unique and innovative facilities that encourage the efficient and economical use of the land? The project will create a separate neighborhood of duplex, tri-plex, four-plex and a multi-plex buildings that will help meet the state growth act of densifying existing parcels within cities and will connect to existing utilities and streets. 14. Does the proposed Planned Development promote a sound system for traffic and pedestrian circulation? Describe. The project connects to Powerhouse Road at two locations, but does not fully connect to the street system to the east, which does not have curb, gutter and sidewalk street systems and therefore it will not impact the substandard existing road system to the east. 15. How does the proposed Planned Development promote open space and use of natural and/or developed amenities? The site drops in approximately 20 feet in elevation from west to east and thereby allowing some housing units to have views. 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. No other development standards are being asked to be modified. 19,. What are the aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts. r l`i All other light and glare will be minimized by directing it down and away from adjacent properties. Solar access and shadows impacts will be limited to the buildings heights as allowed in the existing R-3 zone. Aesthetic considerations will be limited to what building codes and zoning codes allow. 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. 4 ;;01.;')' Community Developm ''apartment Code Administration C .gin 129 North Second Street, 2nd Floor Yakima, Washington 98901 Receipt Number: CR -1-149428 Application Parcel Fee Description PLP#002-15 18131433016 Preliminary Long Plat 3201 POWERHOUSE RD PD#001-15 18131433016 Planned Development 3201 POWERHOUSE RD Payment Reference Method Number' CHECK i Receipt 5075 Receipt Date 0ai Ped Amount $1,240.00 $560.00 Total Paid: Tendered Amt: Change Due: Tendered Amount ; 1 $ 1,800.00 IT Total: $1,800.00 Pre leo Payment History Fed lesor tion 4"iw9Crtun4t Paid $1,240.00 $560.00 $1,800.00 $1,800.00 $0.00 Amount Paid Appito ation i• Parc+ Fee lance; $0.00 $0.00 When Recorded Return City of Yakima — Utilities and Engineering Department 129 N 2nd Street Yakima, WA 98901 1 FILE# 7879217 YAKIMA COUNTY, WA 07113/2015 09:05:210M MISCEL.LONEOIIS POOEES: 3 CITY OF YAKIMA. - CODES OIUISION Recording Fee: 74.00 DEPARTMENT OF UTILITIES AND ENGI RING Debbie Cook, PE, Director Engineering Division 129 North Second Street Yakima, Washington 98901 (509) 575-6111 • Fax (509) 576-6305 DEPOSITED CASH IN LIEU OF BOND per YAKIMA MUNICIPAL CODE 14.05.200 I. PARTIES DMF Investments, Inc., hereinafter the "Developer", and the City of Yakima, a municipal corporation of the State of Washington, hereinafter the "City." II. RECITALS The Developer has submitted a proposed final short plat for a four (4) lot subdivision located at 3201 Powerhouse Rd. (parcel no. 18131433016), in the City of Yakima, Washington (See City File FSP#004-15). The Developer has received final approval from the City Engineering Division for public improvements, which for this project include new asphalt roadway widening with curb, gutter, sidewalk, storm drainage and commercial driveway approach. Pursuant to Yakima City Municipal Code 14.05.200, in order to obtain final long plat approval from the City, the Developers hereby propose, in lieu of actual construction and completion of the required improvements or providing the City with a surety bond, to secure actual completion of the required public improvements by depositing money into a City account created for City File FSP#004-15. This document has been reviewed and approved by the City Engineer. III. AGREEMENT The Developer, in consideration of the City's review and approval of building permits within the subdivision prior to actual construction of required public improvements, covenants as follows: 1. The Developer agrees to deposit cash into a City account created for City File FSP#004-15. The sum of Twenty Nine Thousand Three Hundred Ninety Four Dollars and Twenty Cents ($29,394.20) shall be deposited into the account, said sum being 110% of the estimated cost of the required public improvements, namely new asphalt roadway widening with curb, gutter, sidewalk, storm drainage and commercial driveway approach, as well as record drawings. 2. The Subject Account has been established, in lieu of actual construction completion of the required improvements or the provision of a surety bond, as security that the Developer will make all the required improvements. The Developer herby agrees and covenants to make such improvements within one (1) year after approval of this agreement, prior to Certification of Occupancy being provided for any structure built within the subdivision or as such deadline may be extended, if requested by the developer in writing to the City Engineer thirty (30) days before the expiration of this Cash In Lieu of Bond Agreement, at the sole option of the City Engineer. Such obligation shall constitute and covenant against and shall run with all lots and real property contained and described in City File FSP#004-15. 3. In the event the Developer fails to complete the required improvements, as determined solely by the City, the City, upon thirty (30) days written notice to the Developer and the Developers' continued default thereafter as determined by the City, may construct such improvements and may reimburse itself from the Subject Account for all costs and expenses so incurred. There shall be no time limitation within which the City must make any such withdrawals. To the extent such account is not sufficient to cover all of the costs of the required improvements, the Developer agrees to pay such deficiency, and the City shall have a lien against all lots and real property contained and described in the above referenced long plat which lien may be foreclosed as deeds of trust are foreclosed pursuant to Washington law. 4. As the required improvements are constructed and approved by the Director of Utilities and Engineering, the Director of Utilities and Engineering may permit the Developer to withdraw portions of the account, from time to time. For example, as improvements are installed and the City's need for full security thus diminishes, portions of the deposited funds equivalent to the work performed and approved by the City could be released to Developer, but the same shall be discretionary with the City, at its sole option, and not mandatory. While the Developer may request that such reductions be permitted, the Developer shall not have any right to demand or require the City to grant the same. However, the City shall not unreasonably refuse to consider such requests. 5. Upon final approval hereof by the City Engineer, the Developer shall record this Agreement with the Yakima County Auditor, at the Developers' sole expense and return a copy of the recorded agreement to the City. DOC. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed this ' day of ,; � G- °� ' .,., , 2015, Countersigned: CITY OF YAKIMA 2015. this c day of birectb(ot'�Jblit B DEVELOPER II //,4, -(4'.4/.. Q.M. Its (Print Name)� er (President, Owner, etc.) Address: o ` DMF INVESTMENTS — "POWERHOUSE VILLAS" PB#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER G DRAFT Development Agreement DEVELOPMENT AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON, AND DMF INVESTMENTS, INC. THIS DEVELOPMENT AGREEMENT ("agreement") is entered into between the City of Yakima, a Washington municipal corporation ("City"), and DMF Investments, Inc., a Washington Corporation ("Developer"). WHEREAS, the City is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 -36.70B.210, YMC 14.10.040(B) and YMC 14.10.090; and WHEREAS, Developer has obtained development rights for a single parcel of approximately 12 acres on the northeast side of 3105 Powerhouse Road, Yakima, Washington (the "property"). The property is legally described as follows: Lots 1, 2, 3 and 4 of Short Plat recorded under Auditor's File Number 7879993, records of Yakima County, Washington. and incorporated herein; and WHEREAS, Developer is proposing a 43 lot subdivision and creation of a planned development with certain amenities for the property; and WHEREAS, Developer intends to take certain steps to comply with environmental and land use requirements related to development of the property; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property 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: Development Agreement - 1 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 43 multi -family stuctures 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 , 2015, 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 ,, 2015, 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 proposed development and any specific project proposed therein. 3. Developer's Compliance. 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. 4. 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 Development Agreement - 2 DOC. 0 Al 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. 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 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. 8. Term. This agreement shall continue in force for a period of years unless extended or terminated as provided herein or when the property has been fully developed, whichever first occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole reasonable discretion of the City. Provided, however, that termination of this agreement shall not affect any of Developer's obligations to comply with the Yakima Urban Area Comprehensive Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements approved with respect to the property or proposed development. Termination of this agreement shall not affect any of Developer's obligations herein which expressly or by implication are to continue after the termination of this agreement; notwithstanding the generality of the foregoing, the parties expressly agree and covenant that the streets within the proposed development shall be required to be private and shall never be accepted by the City of Yakima as public streets. 9. City's reservation of rights. The parties intend this agreement is interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.708.170. Provided, however, that this agreement shall be construed to exclude from its scope and reserve to the City the authority which is prohibited by Development Agreement - 3 DC. law from implementation by mutual agreement with consideration of parties acting under Ch. 36.708 RCW. Without limitation, this shall include the right of the City to impose new or different conditions on the property to the extent required by a [serious threat to public health and safety.] [Developer acknowledges that any phased approach to developing the proposed development contemplates and requires the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA and other applicable law.] Nothing in this agreement shall be construed to limit the authority or the obligation of the City 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 adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (1) review as defined in YMC Chapter 15.13. The administrative official shall review modifications to adopted master development plan and/or development agreement as a minor modification if it has been determined that: 1. The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; 2. The amendment does not increase the total 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 Development Agreement - 4 not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. Major modifications will undergo Type (3) review as defined in YMC Chapter 15.15 and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. 12. 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 to the extent it complies with applicable Washington law. 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. 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. 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. Development Agreement - 5 AGREEMENT DATED this day of , 2015. CITY OF YAKIMA DMF Investments, Inc., a Washington Corporation By: By:. Tony O'Rourke William Frodsham City Manager President ATTEST: Sonya Claar Tee City Clerk STATE OF WASHINGTON ) ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that Tony O'Rourke, 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: 2015. Development Agreement - 6 Notary Public Residing at Commission expires: STATE OF WASHINGTON ) ss, County of Yakima I certify that I know or have satisfactory evidence that William Frodsham, personally appeared before me, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of DMF Investments, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2015. Development Agreement - 7 Notary Public Residing at Commission expires: H-1 H-2 H-3 DMF INVESTMENTS — "POWERHOUSE VILLAS" PD#001-15, PLP#002-15 & SEPA#026-15 EXRIIT LIST CHAPTER 11 Notices Determination of Application Completeness Notice of Application & Environmental Review H -2a: Postcard Notification H -2b: Parties and Agencies Notified H -2c: Affidavit of Mailing Land Use Installation Certificate H-4 H-5 H-6 H-7 Notice of Determination of Non -Significance (DNS) H -4a: Parties and Agencies Notified H -4b: Affidavit of Mailing Notice of H.E. Public Hearing Legal Notice Press Release and Distribution E- mail Parties and Agencies Notified Affidavit of Mailing H -5a: H -5b: H -5c: H -5d: Transportation Impact Letter .... .............. Notice of Decision for Transportation Concurrency Analysis H-8 Hearing Examiner Agenda and Packet Distribution List H-9 Hearing Examiner Agenda and Sign -In Sheet H-10 Notice of Hearing Examiner's Recommendation (See DOC INDEX#AA-1 for H.E. Recommendation) H -10a: Parties and Agencies Notified H-1Ob: Affidavit of Mailing H-11 H-12 Agenda Statement: Set Date of City Council Public Hearing Letter of Transmittal to Deputy City Clerk: City Council Hearing (mailing labels, site plan, and vicinity map) H-13 City Council Public Hearing Notice 08/13/2015 06/05/2015 10/12/2015 10/13/2015 10/15/2015 r 10/22/2015 11/03/2015 11/05/2015 11/12/2015 12/01/2015 01/05/2016 01/08/2016 01/08/2016 IFF''IIICIII,, OF THE C1LirY CILEIIS'IK 129 N.urth Sec n Store t Yakima, Waslhiin t urs 9 Phone (5 ) 57 6137 • F 9) 57 -6614 CITY OF YAKIMA NOTICE OF PUBLIC HEARING Powerhouse Villas Development NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a closed record Public Hearing on the proposed master planned development of Powerhouse Villas, consisting of approx. 12 acres to be subdivided into 43 multi -family residential lots to be developed over three phases. The proposal is located within the R-3 zoning district, in the vicinity of Powerhouse Road and N. 28th Avenue, submitted by DMF Investments. The hearing will be held on Tuesday, January 19, 2016 at 6:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, WA, to consider the proposed development and consider the Preliminary Long Plat and Master Planned Development of Powerhouse Villas. Closed Record Hearing means the public is invited to testify on the existing Hearing Examiner's records but will not be allowed to introduce any new information. Any citizen wishing to comment on this request is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901"; or, 2) E-mail your comments to cit council o akiimawa.*,ov Include in the e-mail subject line, "Powerhouse Villas." Please also include your name and mailing address. Dated this 7th day of January, 2016. Sonya Claar Tee City Clerk Mailed January 8, 2016. DOC. INDEX # '3 Public I I� iN tic CITY OF YAKIMA NOTICE OF PUBLIC HEARING Powerhouse Villas Development NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a closed record Public Hearing on the proposed master planned development of Powerhouse Villas, consist- ing of approx. 12 acres to be subdivided into 43 multi -family residential lots to be developed' over three phases. The pro- posal is located within the R-3 zoning district, in the vicinity of PowerhouseRoad and N. 28th Avenue, submitted by DMF Investments. The hearing will be held on Tuesday, January 19, 2016 at 6:30 p,m., oras soon thereafter as the matter maybe heard, In the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, WA, to consider the proposed development and consider the Preliminary Long Plat and Master Planned Devel- opment of Powerhouse Villas. Closed Record Hearing means the public is invited to testify on the existing I -tearing Exam- iner's records but will not be allowed to introduce any new information. Any citizen wishing to comment on this request is welcome 10 attend the public' hearing or contact the City Council in the following man- ner: 1) an-ner1) Send a letter via regular mall to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 969011 or, 2) E-mailour mments to cityc©uncil your rnawa.gov Include in the e-mail subject line, "PoworhOUSe Vil- las:"Please also include your name and mailing address, Sonya Clear Tee, City Clerk:, (612907) January 8, 2016 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar-Tee, City Clerk, by hand delivery, the following documents: 1. Mailing labels for DMF INVESTMENTS - "POWEHROUSE VILLAS" (PD#001-15) including all labels for adjoining property owners of subject property, agencies and parties of record. 2. One site plan 3. One vicinity map. Signed this 8th day of January, 2016. Lisa Maxey Department Assistant II Received By: Date: 18131544411 FLAGSTAR BANK FSB 5151 CORPORATE DR TROY, MI 48098 18131433403 NEXT STEP HOUSING 124 CRESTMONT DR OAKLAND, CA 94619 18131433010 Q E PROP MGT GRP LLC 2911 POWERHOUSE RD TRLR C YAKIMA, WA 98902 18131434470 DARYL G & LINDA DUNCAN 1717 BROWNE AVE YAKIMA, WA 98902 18131434521 EFRAIN MEMA 709 N 28TH AVE YAKIMA, WA 98902 18131431425 FARON G & SUSAN G COX PO BOX 942 YAKIMA, WA 98907 18131544432 JAMES W ROBUCK 2012 FRUITVALE BLVD YAKIMA, WA 98902 18131544412 JOSE ANTONIO PADILLA 410 5 10TH ST YAKIMA, WA 98901 18131434426 KENT L & KERI L BROWN 2708 JEROME AVE YAKIMA, WA 98902 18131433016 DMS 1NVE3T 1819S4TH YAKIMA, A 9890; 18131434469 OWEN FAMILY TRUST 715 N 28TH AVE YAKIMA, WA 989021777 18131434516 MANUEL & LOURDES GUTIERREZ 8400 HAWTHORNE DR YAKIMA, WA 98908 18131433406 RICHARD ALDERSON 3007 POWERHOUSE RD YAKIMA, WA 98902 18131432008 YAKIMA SCHOOL #7 104 N 4TH AVE YAKIMA, WA 989022636 18131544400 DAVID E. OZANNE PO BOX 2085 YAKIMA, WA 98907 18131434512 ENRIQUE & SHANTRELL SAMS VILLA 2806 SWAN AVE YAKIMA, WA 98902 18131434471 IRMA V ZARAGOZA 2711 SWAN AVE YAKIMA, WA 98902 18131433407 EPIC PO BOX 9279 YAKIMA, WA 989099279 18131433404 PEAR TREE PLACE LLC 124 CRESTMONT DR OAKLAND, CA 94619 18131432028 YAKIMA SECURE STORAGE LLC 8265 TOLOSO RD ATASCADERO, CA 93422 18131431424 DENIELE A TELLES 1014 WOODLAND AVE YAKIMA, WA 98902 18131544431 JIMMY R & REBECCA L VIOLETTE 3202 1/2 POWER HOUSE RD YAKIMA, WA98902 18131431426 JOSE M & CECILIA CASTANEDA G 2920 COOK RD YAKIMA, WA 98908 18131434510 LISA SCOTT 712 N 28TH AVE YAKIMA, WA 98902 18131544408 OSCAR SERRANO 722 N 32ND AVE YAKIMA, WA 98902 18131431076 ROCKY & KALLY MARQUIS 710 LOCUST RD YAKIMA, WA 989019750 18131434511 EVELIA GONZALEZ 2802 SWAN AVE YAKIMA, WA 98902 18131433021 JAMES 5 ALDERSON 3201 POWERHOUSE RD YAKIMA, WA 989021543 18131434517 JOHN LEE YOUNG 702 N 28TH AVE YAKIMA, WA 98902 18131434509 JOYEL K RUSSELL 714 N 28TH AVE YAKIMA, WA 989021776 18131433011 LORETTA L KAUFMAN PO BOX 10527 YAKIMA, WA 989090527 18131434467 RAUL I CABANILLAS 719 N 28TH AVE YAKIMA, WA 98902 18131434501 ROSA E MORENO 701 N 28TH AVE YAKIMA, WA 989021717 1231.i14i4S16 ROSA ELENA SANCHEZ 1612 W PRASCH AVE YAKIMA, WA 989025252 18131434508 ROSIE & LUIS J k w' 'ILLA 215 5 4. YA \, WA 9890 ROSA ELL ,. &Aa;CHE'Z 16112,M/TMRAS. AE YAKIMA, WA 98902'5 W-- 18131433006 RYAN & RAQUEL C MYERS 3009 POWERHOUSE RD YAKIMA, WA 98902 18131433405 STEVEN F & JENNIFER A ROY 1830 OAK DR SALEM, VA 24153 18131434496 VICZOR J & PAT*.' '9 x[ PADILLA 182 OP ST BO "' LAKE, :3918512 18131434532 TIMOTHYJ & DEBRA K GUERIN 703 N 28TH AVE YAKIMA, WA 98902 18131434468 VONNE L ROGERS 717 N 28TH AVE YAKIMA, WA 989021777 18131434507 ROSIE & LUISJ ESCAMILLA 215 5 41ST ST YAKIMA, WA 98901 18131434515 SALVADOR CERDA 706 N 28TH AVE YAKIMA, WA 98902 18131434494 VICTOR J & PATRICIA PADILLA 18202 95TH LOOP ST BONNEY LAKE, WA 983918512 18131433008 WILLIAM R LOWE JR 3005 POWERHOUSE RD YAKIMA, WA 98902 Park/ Or &Cor v F colo9J Ls:L.41Car La c MASTER PLANNED DEVELOPMENT - SINGLE USE AND PRELIMINARY PLAT OF POWERHOUSE VILLAS IN THE SW 1/4 OF THE SW 1/4 OF SEC. 14, T-13 N, R-18 E,W.M. NOTES 1. PROPERTY IS ZONED 0-2 MULTI -FAMILY RES0ENRAL �. t1< PASS 00 $ 0.4$ ' 3. STREETS WILL BE PRIVATE STREWS, MAINTAINED BY A HOME OWNERS ASSOCIATION. 4. STORNI HAM DRAINAGE 15 PROPOSED TO BE MANAGED ON-SITE. SSA g A C10000000-10710 T UT, tam 1010_ _ c 21. ON SYSTEM. 0. DOMESTIC WATER Wil ff CONNECTED TO THE CITY OF YANMA DOMESTIC MAZER SISIEM. 7. THE UNDERGROUND POWER, 10100ONE, NATURAL GAS AND CABLE TELEi19ON SYSTEMS 04,. BE PROVIDED BY THE RESPECTIVE UTILITY. 0. B41L00O 0010. FRONT - 37.3 0 VIEWER 21.24,2 SEX _. 12 EM04 LOT TINE: 323° FROM CENTE%1NE CS PRIVATE ROAD. TAla0ue OWNER/DEVELOPER ENGINEER/SURVEYOR BLL F0005400 RICK WINE L: ROFERWORTG, AC. 41.&4 2.241LmWO 4.H2124Y€00O 1012 S. 4714 A,AWEFE "VG Iv LIHOMEN ANOVA YAJCSA0, x000 11B0O2 Fk42124, 00 053-33113 OW 075- PLSA MAO T LAN AYEMF TAKAIA. WAOINGTON 9E9O2 LEGAL DESORPTION LOTS 1. 2, 3 AND 4 OF SHORT PLAT RECORDED UNDER AUDITOR'S FILE N0. 7070003, RECORDS OF `MORA COUNTY, WASi4NGTON. Project Vicinity Map PD#OO1-15 Related Projects: SEPA#026-15, PLP#002-15 Applicant: DMF INVESTMENTS INC Location: 3201 POWERHOUSE RD Monday - 07/27/2015 - 02:04:44 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices • A 1,;10,000 Erlglewu d Ave l.. sInne Church Y l a .11111, •. 1.. f . Korean 1• d.+an ur Church II. rd li•I LFUL ll od Glare Mud. Church el The Naaarene Enplev<no<I.Avr. KoMrl;;v, Sources: Esri,beLorme, NAVTEQ, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,,qeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, and the GIS User Community dllr, Ieinii>, Club '.rd .dr El Slier Proposal: Master Planned Development for Powerhouse Villas consisting of 3 phases to subdivide apprrlly 12 acres into 43 multi -family residential lots in the R-3 zoning district. • INDEX 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. 1/8/2016 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Coversheet t: ,„1,40,1,0 01, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.E. For Meeting of: January 5, 2016 Set January 19, 2016 as the date for a closed record public hearing on the proposed master planned development for Powerhouse Villas, submitted by DMF Investments Joan Davenport, AICP, Director of Community Development Trevor Martin, Assistant Planner (509) 575-6162 The application submitted by Bill Frodsham, on behalf of DMF Investments, is a master planned development for Powerhouse Villas consisting of three phases to subdivide approximately 12 acres into 43 multi -family residential lots in the R-3 zoning district. The Hearing Examiner's Recommendation for this proposal was issued on December 1, 2015. Resolution: Ordinance: Other (Specify): Consent Agenda Set Date Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: Improve the Built Environment eatof/-- RECOMMENDATION: Staff respectfully requests to set January 19, 2016 as the date for this hearing. ATTACHMENTS: Description Upload Date Vbrittaklaa'rSvjNa�� 12/15/2015 City Manager Type Backup Material https://yaki ma.novusagenda.com/agendai ntranet/CoverSheet.aspx?Item ID=3742&M eetingID=405 1/1 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-15, PLP#002-15 & SEPA#026-15 DMF Investments - "Powerhouse Villas" 3201 Powerhouse Rd I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant by certified mail, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 1St day of December, 2015. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II 18131544411 FLAGSTAR BANK FSB 5151 CORPORATE DR TROY, MI 48098 18131433403 NEXT STEP HOUSING 124 CRESTMONT DR OAKLAND, CA 94619 18131433010 Q E PROP MGT GRP LLC 2911 POWERHOUSE RD TRLR C YAKIMA, WA 98902 18131434470 DARYL G & LINDA DUNCAN 1717 BROWNE AVE YAKIMA, WA 98902 18131434469 OWEN FAMILY TRUST 715 N 28TH AVE YAKIMA, WA 989021777 18131432008 YAKIMA SCHOOL #7 104 N 4TH AVE YAKIMA, WA 989022636 18131544400 DAVID E. OZANNE PO BOX 2085 YAKIMA, WA 98907 18131433407 EPIC PO BOX 9279 YAKIMA, WA 989099279 18131433404 PEAR TREE PLACE LLC 124 CRESTMONT DR OAKLAND, CA 94619 18131432028 YAKIMA SECURE STORAGE LLC 8265 TOLOSO RD ATASCADERO, CA 93422 18131434521 EFRAIN MEMA 709 N 28TH AVE YAKIMA, WA 98902 18131431425 FARON G & SUSAN G COX PO BOX 942 YAKIMA, WA 98907 18131544432 JAMES W ROBUCK 2012 FRUITVALE BLVD YAKIMA, WA 98902 18131544412 JOSE ANTONIO PADILLA 410 S 10TH ST YAKIMA, WA 98901 18131434426 KENT L & KERI L BROWN 2708 JEROME AVE YAKIMA, WA 98902 18131434512 ENRIQUE & SHANTRELL SAMS VILLA 2806 SWAN AVE YAKIMA, WA 98902 18131434471 IRMA V ZARAGOZA 2711 SWAN AVE YAKIMA, WA 98902 18131544431 JIMMY R & REBECCA L VIOLETTE 3202 1/2 POWER HOUSE RD YAKIMA, WA 98902 18131431426 JOSE M & CECILIA CASTANEDA G 2920 COOK RD YAKIMA, WA 98908 18131434516 MANUEL & LOURDES GUTIERREZ 8400 HAWTHORNE DR YAKIMA, WA 98908 18131433406 RICHARD ALDERSON 3007 POWERHOUSE RD YAKIMA, WA 98902 18131434510 LISA SCOTT 712 N 28TH AVE YAKIMA, WA 98902 18131544408 OSCAR SERRANO 722 N 32ND AVE YAKIMA, WA 98902 18131431424 DENIELE ATELLES 1014 WOODLAND AVE YAKIMA, WA 98902 18131434511 EVELIA GONZALEZ 2802 SWAN AVE YAKIMA, WA 98902 18131433021 JAMES S ALDERSON 3201 POWERHOUSE RD YAKIMA, WA 989021543 18131434517 JOHN LEE YOUNG 702 N 28TH AVE YAKIMA, WA 98902 18131434509 JOYEL K RUSSELL 714 N 28TH AVE YAKIMA, WA 989021776 18131433011 LORETTA L KAUFMAN PO BOX 10527 YAKIMA, WA 989090527 18131431076 ROCKY & KALLY MARQUIS 710 LOCUST RD YAKIMA, WA 989019750 18131434467 RAUL I CABANILLAS 719 N 28TH AVE YAKIMA, WA 98902 18131434501 ROSA E MORENO 701 N 28TH AVE YAKIMA, WA 989021717 18131434513 ROSA ELENA SANCHEZ 1612 W PRASCH AVE YAKIMA, WA 989025252 18131434508 ROSE & LUIS J r' ILLA 21554 YA +A,WA989 18131433405 STEVEN F & JENNIFER A ROY 1830 OAK DR SALEM, VA 24153 181.3'14';34514 —� ROSA EL 1CHEZ 16:12evor " RAV'E YAKIMA, WA 9890257?= 18131433006 RYAN & RAQUEL C MYERS 3009 POWERHOUSE RD YAKIMA, WA 98902 18131434496 VICTOR J & PAT 182 BO PADILLA OP ST 918512 18131434507 ROSIE & LUIS J ESCAMILLA 215 5 41ST ST YAKIMA, WA 98901 18131434515 SALVADOR CERDA 706 N 28TH AVE YAKIMA, WA 98902 18131434532 TIMOTHY J & DEBRA K GUERIN 703 N 28TH AVE YAKIMA, WA 98902 18131434494 VICTOR J & PATRICIA PADILLA 18202 95TH LOOP ST BONNEY LAKE, WA 983918512 18131434468 VONNE L ROGERS 717 N 28TH AVE YAKIMA, WA 989021777 18131433008 WILLIAM R LOWE JR 3005 POWERHOUSE RD YAKIMA, WA 98902 Ni -C O F F\ Ecom naiddihOl'L- Pb #00 1-I S, P097100.245, SCP/90;2[a, ate I2/1 //5 DOC. Parties of Record - DMF Investments - Powerhouse Villas - PD#001-15, PLP#002-15, SEPA#026-15 Bill Frodsham DMF Investments Inc 1819 S 4th Ave Yakima, WA 98902 State of Washington DEPARTMENT OF ECOLOGY Gwen Clear 1250 W Alder St Union Gap, WA 98903 Name Debbie Cook Dana Kallevig Dan Riddle Mark Kunkler Jeff Cutter Archie Matthews Mark Soptich Rick Wehr PLSA Engineering & Surveying 1120 W Lincoln Ave Yakima, WA 98902 "-) Iso 'akin Lconi Steve Roy 1830 Oak Dr Yakima, WA 98902 In -House Distribution E-mail List Division E-mail Address Chief Rizzi Joe Caruso Carolyn Belles Engineering Wastewater Engineering Legal Dept Legal Dept ONDS Fire Dept Police Department Code Administration Code Administration Glenn Denman _uuuu Suzanne DeBusschere Dave Brown Mike Shane Randy Meloy Scott Schafer James Dean James Scott Kevin Futrell Code Administration Code Administration Water/Irrigation Engineering Wastewater Public Works Dept Utilities ebbie.cook 4'Va. X41V a.kaI 1evig( awa.ca v dan m coddle i yakimawa.gov Mark kunkler(vakimawa.gov akimawaLov arc lie.11attllcws c1) awa.gov laa1 k soptich r akimawa gov Dominic.rizzi akimawa. loe.caruso "akimawa. ov camolvn.belles i ikil carols enti.ddenm ov y'. allmlawa._ov u ails e.dehusscheree�'c kimawa.gov Refuse Division Transit Division Joan Davenport For the Record/File Binder Copy Planning scott.• ;ch akiinawa.gov kin7awa.gov a akimawa. ov akiimawa. Dov Ames dcanCZi yakimawa.gov James. scott akimawa. ov v.irm f 1 r akimawa. ' ov oan.Javen .ort i akimawa. ov Type of Notice: Nfc of i; Pit! CnyKinb1 k-tio iA-- File Number: Date of Mailing: 1 2 Revised 10/20B- 4-oz-6 0/2015ITmm 4-O2-Lo-/6 ROCU Maxey, Lisa From: Maxey, Lisa Sent: Tuesday, December 01, 2015 2:29 PM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark Cc: Martin, Trevor Subject: NOTICE OF HEARING EXAMINER'S RECOMMENDATION TO CITY COUNCIL - DMF Investments - "Powerhouse Villas" - PD#001-15, PLP#002-15, SEPA#026-15 Attachments: NTC OF HE RECOMMENDATION - DMF Investments - Powerhouse Villas - PD PLP SEPA.pdf Attached is a Notice of the Hearing Examiner's Recommendation to City Council regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e- mail at revpr vartiintly Ora aenr .: y. Thank you! L f � xey Department A.ssys111 (509) 576-6669 1 4 MitNa.ypr+ akuoa tva 89v. City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 DOC. Planning Iffy I 2 If o ua"W:a;'laaa M N'wr0ell+,i in ah' 'f''ors h1114w11# „S' E f olaa' , ➢ 7 6 r s4 pIanil nog Qiryelk M;w°tl 40 + fl:NV W; „Tkim „,�111.4enleu.'eN".II,4( l;1pith NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL December 1, 2015 On November 27, 2015 the City of Yakima Hearing Examiner rendered his recommendation on PD#001-15 (PLP#002-15 & SEPA#026-15). The application submitted by Bill Frodsham on behalf of DMF Investments is a master planned development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 multi -family residential lots in the R-3 zoning district. The application was reviewed at an open record public hearing held on November 12, 2015. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Assistant Planner Trevor Martin at (509) 575-6162 at the City of Yakima, Planning Division. Trevor Martin Assistant Planner Date of Mailing: December 1, 2015 Enclosures: Hearing Examiner's Recommendation, Site Plan DOC. INDEX \-1-l0 ;„IukIliouro+t SIGN -IN SHEET City of Yakima HEARING EXAMINER City Hall Council Chambers Thursday November 12, 2015 Beginning at 9:00 a.m. Public Hearin 11151117/111 1,11,13,17 PD#001-15, PLP#002-15 & SEPA#026-15 11101; ON') DMF INVESTMENTS - "POWERHOUSE VILLAS" 3201 POWERHOUSE RD PLEASE WRITE LEGIBLY qirr 11r i11 OA ;°11' ;P114°11/1„111,1 iressmffr ���0.44 Page 1 Ii 'D X 11/12/2015 HE Hearing COMMl' .NITY . .EVELOPMENT EPARTME.NT Jose : avernport, AICP, Director la divid::g Division dio^usinsda; igtto u,,dl';ddl gtlW/ lieu umitl"✓L"w mlandiaw' CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday November 12, 2015 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. DMF INVESTMENTS — "POWERHOUSE VILLAS" (07/24/2015) PD#001-15, PLP#002-15, SEPA#026-15 Planner: Trevor Martin Address: 3201 Powerhouse Rd Request: Master Planned Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 multi -family residential lots in the R-3 zoning district. 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. DOC. INDEX Hearing Examiner AGENDA ONLY Distribution List 07/14/2015 All YPAC r<rn y.beehlcr Yglcorrraaw ov iwn.crockettkiakilDwa,g9A. rxr,,ltir browns akimawa.gov b leiozanogYakilnaw4,g0Y. Dominic Rizzi Police Chief dorm_.. c rurzi.@yaki m_avv, Bob Stewart Fire Chief Err b sewrgl°l( 1011.14YY Sonya Claar-Tee City Clerk _calya cla egc lrkrni ,1kgrv. Tony O'Rourke City Manager cony orpu;lmkc.) _lcrmwLgov sally pr ce;[ yaki m1awe,mgl�, Radio KDNA P.O. Box 800 Granger, WA 98932 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Reed C. Pell 31 Chicago Avenue #4 Yakima, WA 98902 reecl@reedcpcll net Phil Lamb 311 North 3rd Street Yakima, WA 98901 Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KIT-KATS Radio 4010 Summitview, Suite 200 Yakima, WA 98908 KARY Radio 17 N 3rd St Ste 103 Yakima, WA 98901 KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 Maud Scott 307 Union Street Yakima, WA 98901 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 VIVA P.O. Box 511 Toppenish, WA 98948 Patrick D. Spurgin 411 N. 2"d St. Yakima, WA 98901 Gary Cuillier 314 N. 2nd Street Yakima, WA 98901 Codes Bulletin Board DOC. INDEX # 0-3 bearing Examiner racket AGENDA, STAFF REPORT, SITE PLAN AND MAPS... 07/01/2014 Yakima County Planning County Courthouse jefferson.spenceco.yakima.wa.us "eff Cutter Debbie Cook City Legal Department Engineering Division Jeff.cutter@yakimawa.gov Debbie.Cook@ akimawa. ov Archie Matthews ONDS A rc hie. ma t th ews@ya ki Ma w a g ov Mark Kunkler Dana Kallevig Legal Department Engineering Division Ma rk k un k le r@y a k ma w a .gov Dana.kallevig@yakimawa.gov Yakima County Planning Public Services Vern Redifer Vern.redife r@co. a kima.wa.us Yakima County Commissioners Comrnissioners.web@co.yakima.wa. us Attn: Bill Frodsham DMF Investments Inc 1819 S 4th Ave Yakima, WA 98902 Joan Davenport Joan.davenport@yakimawa.gov DON'T FORGET TO SEND ONE TO THE APPLICANT & PROPERTY OWNER........... Binder Copy For the Record/File Attn: Rick Wehr PLSA Engineering & Surveying 1120 W Lincoln Ave Yakima, WA 98902 tWellEIR is a a fialsimiii„,„om, DOC. • V\ g '111 �µ.M.,.ID 0 tit DEPARTMENT OF UTILITIES Alts) ENI RING Debbie Cook, PE, Director Engineering Division 129 North Second Street Yakima, Washington 98901 (509) 575-6111 • Fax (509) 576-6305 November 3, 2015 Bill Frodsham 1819 S. 4th Avenue Yakima, WA 98902 Subject: Notice of Decision for Transportation Concurrency 288 Multi -Family Dwelling Units Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed subdivision of a parcel into 288 multi -family dwelling units in the vicinity of 3201 Powerhouse Road, 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- 6797. Sincerely, `fir u4 y)J Brett H. Sheffield, PE Chief Engineer Enclosure cc: Rosalinda Ibarra u c INDEX Date of Review: Review Prepared by: Proposed Development: Subject Address: ITE Land Use: City of Yakima, Washington Engineering Division Transportation Concurrency Analysis November 3, 2015 Brett H. Sheffield, Chief Engineer, (509) 576-6797 288 Apartment Units 3201 Powerhouse Road 220 Apartment Expected Net PM Peak Hour Trip Generation: 179 PM Peak Hour Trips Average Weekday Trips = 1,915 Summary of Impact: The applicant, DMF Investors, proposes to subdivide the parcel into 288 multi -family dwelling units in the vicinity of 3201 Powerhouse Road, within the city of Yakima, Washington. Traffic from this new development will enter the Arterial Street system on Powerhouse Road. 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. Seg # 102 103 Street Segment Powerhouse. 40th to 34th Powerhouse: 34th to Englewood Total ADT 2,541 PM Pk Hr Vol. 107 Peak Hr Cap. 1,600 1,600 Peak Hr Reserve Cap. 1,493 1,379 New Dev. PM Pk Hr Impact 26 176 2006-2014 Con- currency Trips Resulting Pm Pk Hr Capacity 1,452 0.09 0.28 Segment LOS (V/C Ratio) A A 104 Povverhous. Lnl;lewaodtoI,irx• In F,nllc,wooci: 32nd to Powerhouse 3,570 2,990 236 260 1,600 1,600 1,600 1,289 1,364 1,340 88 9 9 1,184 1,340 1,304 0.26 0.16 0.19 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 1of1 KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING / PLANNING 610 SW Alder Street, Suite 700, Portland, OR 97205 503.228.5230 503.273.8169 July 14, 2014 Project #: 18015 Joe Rosenlund, P.E. City of Yakima Streets & Traffic Operations Manager 2301 Fruitvale Boulevard Yakima, Washington 98902 RE: Transportation Impact Letter for the Proposed Powerhouse Road Apartments Dear Joe, This Transportation Impact Letter is being submitted in support of the proposed Powerhouse Road Apartment development application. This letter includes the following: Trip generation and trip distribution estimate for the proposed apartments Weekday p.m. peak hour site -generated trip assignment to the City's applicable concurrency corridors Operational assessment of key study intersections under existing, background, and full site build -out of the proposed apartments. BACKGROUND Powerhouse Road Apartments is proposed to include 288 units with primary access and frontage along Powerhouse Road in Yakima, WA. Figure 1 shows the site location. The site is currently undeveloped and is located near existing single family homes, a school, and a warehouse storage facility. Within the vicinity, there are also a number of apartments of similar density and type to that proposed. Access to the site is proposed via two driveways located off Powerhouse Road. Emergency access is also proposed via Swan Avenue to the east. The site plan is subdivided into four lots so that phased construction can occur. For the purposes of this analysis, it has been assumed that full build out of all four phases will occur by the year 2017. FILENAME: H.• I PROJFILEI18015 - POWERHOUSE ROAD APARTMENTSI REPORT] FINAL I1801S FINAL. DOCX Powerhouse Apartments July 2014 Kern Way Willow St a� a) ' a' aSwan Ave r co N Fairbanks Ave Jerome Ave Fairbanks Ave Englewood Ave YAK?M COUNTY - Study Intersections KITTELSON & ASSOCIATES. INC, Site Vicinity Map Yakima, Washington Figure 1 Powerhouse Road Apartments July 14, 2014 TRIP GENERATION ESTIMATE Project #: 18015 Page: 3 Estimates of daily and weekday p.m. peak hour vehicle trip ends for the proposed apartment development were calculated from empirical observations at other similar developments. These observations were obtained from the standard reference manual, Trip Generation, 9th Edition, published by the Institute of Transportation Engineers (Reference 1). Table 1 shows the estimated trip generation for the proposed 288 -unit apartment complex. Table 1: Trip Generation Estimate 1�1 lllllllll�JJj; I' '��111JJJJJ�1,lYJ� Apartments 220 Daily 1,870 TRIP DISTRIBUTION AND ASSIGNMENT The trip distribution pattern and assignment for the proposed development was developed based on a review of existing traffic patterns and the context of the surrounding land uses. Land uses such as commercial offices, regional shopping destinations, schools, and other retail were considered in assigning trips to and from the Powerhouse Road Apartments. The resulting trip distribution pattern is graphically illustrated in Figure 2. Based on this distribution pattern, Table 2 summarizes the total number of weekday p.m. peak hour trips entering each of the City's concurrency corridors. Assigned trips were recorded counting trips only once along each of the specified corridors. Table 2: Concurrency Corridor Weekday PM Peak Powerhouse Road Englewood Avenue Englewood Avenue to 34th Avenue Englewood Avenue to Lincoln Avenue Hour Trip Assignment 176 88 34th Avenue to 40th Avenue Powerhouse Road to 16th Avenue 40th to Powerhouse Road 26 27 9 Kittelson & Associates, Inc. r'1"' 'EN OCT 2 2, O)FY Y Of YiKh w°'I..,., a °I INO DIV DO -C• Portland, Oregon D E( Powerhouse Apartments July 2014 Existing Lane Configurations & Traffic Control Devices Existing Traffic Conditions 11 ' L05=, 2017 Background Traffic Conditions Assumed Lane Configurations and Traffic Contol Devices Site Generated Trips 2017 Total Traffic Conditions 391 051=933 4-69 23 V/C=050 if -3 11 LOS=A 76 40-0 Del=959 t-73 24—cc., V/C=052 r3 12.' LO5=8 85 57—IC DcI=1009 4-92 2A� V/C=053 y4 CPA=W9 705=9 Del=11.4 9/0=0.09 4AT:0 7107 = 7739V00900709970'` nWsc=x7 WA0STOP CONTROL 30 82—* 07339 73 4-89 87 + 0 =10.05 F 29' 2014 Existing, 2017 Background & 2017 Total Traffic Conditions Yakima, Washington Figure 2 K i t t e Is o n & R°5°ti'WdmtoP D e t.LyegAl.a of pp.gWo Powerhouse Road Apartments July 14, 2014 SITE ACCESS OPERATIONS AND SAFETY ANALYSIS Project #: 18015 Page: 5 Kittelson & Associates, Inc. conducted an operational evaluation of existing and future traffic conditions at the study intersections, as defined by discussions with city staff. Figure 2 shows the existing lane configurations and traffic control devices. Methodology The level of service (LOS) analysis described in this report was performed in accordance with the procedures stated in the 2010 Highway Capacity Manual (Reference 2). To ensure the analyses were based on a reasonable worst-case scenario, the study intersection evaluations used peak 15 -minute flow rates. Thus, the analysis reflects conditions likely to occur for only 15 minutes of the weekday peak hours analyzed. Traffic conditions during typical weekday peak hours are expected to operate under conditions better than those described in this report. Operating Standards The Yakima Urban Area Transportation Plan Update 2025 requires un -signalized intersections under City jurisdiction to operate with a volume -to -capacity ratio of less than 0.95 for the major street left turns and side street approaches. Level of service "F" is allowed for side streets if v/c standards are met and a traffic signal is not recommended. All signalized and all -way stop -controlled intersections shall operate at level of service "0" or better with a volume to capacity ratio of 0.95 or less. Existing Conditions Kittelson & Associates, Inc. obtained turning movement counts at the study intersections in June 2014 during the evening (4:00 p.m. to 6:00 p.m.) peak period. The traffic counts revealed a local system evening peak from 4:45 p.m. to 5:45 p.m. Figure 2 shows the traffic volumes and operations during weekday p.m. peak hour conditions. As shown in the figure, both study intersections operate acceptably during the p.m. peak period. Appendix "A" contains the traffic count data and Appendix "8" contains the existing traffic analysis worksheets. Future Conditions The future conditions analysis identifies how the study area's transportation facilities will operate in the proposed project completion year of 2017. Year 2017 Background Conditions The background traffic analysis identifies how the study area's transportation system will operate with general growth in the region. To account for general traffic growth in the site vicinity, the analysis assumed a two percent annual growth rate. P .r" ..IvED Kittelson & Associates, Inc. PorUegd, rregor 2015 ii f Y ur YAKIM/ PLANNING DIV. Powerhouse Road Apartments July 14, 2014 Project #: 18015 Page: 6 Figure 2 shows the projected 2017 background traffic volumes and operations for the study intersections. As shown in Figure 2, both study intersections are expected to continue to operate acceptably under the background traffic conditions. Appendix "C" includes the 2017 background traffic analysis worksheets. Development Proposal As previously stated, the proposed project involves the construction of a 288 -unit apartment complex with on-site parking. Access to the site is proposed via a driveway at each end of the Powerhouse Road site frontage. Each driveway is proposed to have a single lane approach to Powerhouse Road. A separate emergency vehicle -access connection is also proposed on the east side of the site connecting to the existing Swan Avenue street stub. For the purposes of this analysis, no vehicular access has been assumed via the Swan Avenue connection. Year 2017 Total Traffic Conditions The total traffic conditions analysis forecasts how the study area's transportation system will operate with the inclusion of traffic from the proposed development project. Based on the proposed site -access configuration outlined above, Figure 2 shows the resulting site -generated traffic volumes and their assignment to the study intersections during the weekday p.m. peak hour. Figure 2 also shows the 2017 total traffic volumes and operations during the weekday p.m. peak hour. As shown, both study intersections and the two access points are forecast to continue to operate within operational standards. Appendix "D" includes the 2017 total traffic analysis worksheets. Site Access Turn -Lane Analysis The need for a southbound left -turn lane was analyzed at each of the proposed Powerhouse Road site accesses. Using the left -turn criteria from D. Harmelink's Volume Warrants for Left -Turn Storage Lanes at Unsignalized Grade Intersections, the projected left -turn demand and the projected north/south volumes on Powerhouse Road are not high enough to warrant the construction of a southbound left - turn lane at either access. Appendix "E" contains the left -turn lane analysis work sheets. Site Driveway Sight Distance Assessment Preliminary intersection sight distance measurements were made at both of the proposed site driveways located off of Powerhouse Road. Given that Powerhouse Road has no significant vertical curvature, intersection sight distance at each of the driveway locations is in excess of 350 feet. These measurements exceed the minimum corner intersection sight distance requirement of 335 feet as outlined by American Association of State Highway Transportation Officials (AASHTO) manual for a 30 mph roadway. To ensure that these driveways meet the intersection sight distance requirements, it is recommended that all adjacent landscaping be limited to low Tying groundcover within the clear vision Kittelson & Associates, Inc. Portland, Oregon Powerhouse Road Apartments July 14, 2014 Project #: 18015 Page: 7 triangles. In addition, all above ground utilities should be strategically located outside the clear vision triangles. FINDINGS AND RECOMMENDATIONS Based on the results of the transportation impact analysis, the proposed Powerhouse Apartments can be developed while maintaining acceptable levels of service and safety on the surrounding transportation system. The primary findings and recommendations of this study are summarized below. Findings All study intersections were found to operate acceptably under existing and forecast 2017 traffic conditions. The proposed Powerhouse Road apartments is estimated to generate a total of 176 net new trips during the weekday p.m. peak hour. With the inclusion of new traffic from the Powerhouse Apartment project, all study intersections and site driveways are forecast to continue to operate acceptably. A preliminary sight -distance assessment indicated that both of the proposed site -access driveways will have sufficient intersection sight distance. To ensure that these driveways meet the intersection sight distance requirements, it is recommended that all future adjacent landscaping be limited to low Tying groundcover within the clear vision triangles. In addition, all above ground utilities should be strategically located outside the clear vision triangles. ■ Southbound left -turn lanes are not warranted at either of the proposed site driveways on Powerhouse Road. We trust this letter adequately addresses the traffic impacts associated with the proposed Powerhouse Road apartments. Please contact us if you have any questions. Sincerely, KITTELSON & ASSOCIATES, INC. Matt Hughart, AICP Associate Planner Kittelson & Associates, Inc. Julia Kuhn, P.E. Principal Engineer Ryan Liu Intern RECT UCT Portland, brei M Powerhouse Road Apartments July 14, 2014 REFERENCES 1. Institute of Transportation Engineers. 9th Edition, Trip Generation. 2012„ 2. Transportation Research Board. Highway Capacity Manual 2010. 2010. Kittelson & Associates, Inc. IB J E Project 1/: 18015 Page: 8 Portland, Oregon Appendix A Traffic Counts OC DEX RECE'd L. �; DIV. Type of peak hour being reported. System Peak Method for determining peak hour: Total Entering Volume LOCATION: N 34th Ave -- Powerhouse Rd QC JOB #: 12629201 CITY/STATE: Yakima, WA DATE: Wed, Jun 25 2014 226 183 4 * 5 183 38 d i 4 Peak -Hour: 4:45 PM -- 5:45 PM Peak 15 -Min: 5:05 PM -- 5:20 PM 0.4 16 4 0.0 05 00 4, 4 4 83 «11 �- 72 «144 «00 4 38 0.88 « 12 69 ~. 3:: 72 ~23 7. * �4' 2 6 3~ 80 •:0 4 9 100 4 4 209 113 Quality Counts 30 5.9J 4 d.; 0I n I el +'� 0 0 i L C 0 �.ld Iliemilk 9 � � 4 4�-4141 J4► 0 2 O NA 4 4� INA 4 J L t * * NA 1 i NP it NA •• iliNA « NA • * i * 4. NA 4 * w ! f,� NA 5 -Min Count N 34th Ave N 34th Ave Period (Northbound) (Southbound) Powerhouse Rd (Eastbound) Powerhouse Rd (Westbound) Total Hourly Totals Beginning Al• Left Thru Ri ht U Left Thru R'ae_ U loft Thru Right U _ Left Thru Right U 4:00 PM 4:05 PM 4:10 PM 4:15 PM 4:20 PM 4:25 PM 4:30 PM 4:35 PM 1 8 0 0 0 4 0 0 2 7 1 0 4 5 0 0 2 2 0 0 1 9 0 0 0 14 0 0 0 9 0 0 2 8 0 0 2 12 1 0 3 13 0 0 2 14 1 0 3 9 1 0 3 8 1 0 2 10 1 0 0 13 0 0 0 4 1 0 0 4 0 0 1 3 0 0 1 2 1 0 1 2 2 0 1 3 3 0 1 1 1 0 1 1 1 0 1 4 1 0 0 3 6 0 0 7 0 0 0 7 2 0 0 7 10 0 1 5 7 0 0 5 4 0 0 6 4 0 30 32 37 39 39 42 39 35 4:40 PM 1 15 1 0 3 8 0 0 1 3 1 0 0 4 4 0 41 455 475 4:45 PM 4:50 PM 4:55 PM 5:00 PM 0 13 0 0 2 10 0 0 1 3 1 0 i 0 7 0 '0 2 11 5 1 0 3 18 1 0 3 8 0 0 2 16 1 0 0 2 ' 0 0 0 6 2 0 0 0 2 0 2 4 3 0 0 3 3 0 0 6 8 0 1 6 5 0 1 9 5 0 35 56 30 50 I 5:05 PM 5:10 PM 5;15_PM 0 6 0 0 0 11 1 0 0 12 2 1 6 24 0 0 1 13 0 0 L__5 0 0 8 8 2 0 2 2 1 0 2 1 0 0 0 6 8 0 0 8 4 0 0 7 6 0 63 43 52 506 512 525 528 544 537 556 555. 5:20 PM 5:25 PM 5:30 PM 5:35 PM 5.40 PM 2 8 0 0 2 16 0 0 0 5 0 0 1 3 0 0 1 6 0 0 2 15 0 0 3 13 0 0 3 9 2 0 5 28 0 0 1 13 0 0 0 4 2 0 1 5 2 0 0 0 5 0 1 1 3 0 0 15 1 0 0 2 7 0 1 9 6 0 0 3 5 0 0 6 6 0 0 4 9 0 42 58 32 54 40 5:45 PM 5:50 PM 5'55 PM 0 11 0 0 i 2 12 1 0 0 13 0 0 1 9 0 0 5 11 0 0 2 7 0 0 0 1 3 0 1 5 2 0 0 3 0 0 0 5 4 0 0 5 6 0 1 2 6 0 34 50 34 554 548 552 Peak 15 -Min Northbound Southbound Eastbound Westbound Flowrates , Left Thru Right U Iris Thru Ri! ht L Ti —. ht L- h Ri. ht U Total All vehicles Heavy Trucks Pedestrians Bicycles Railroad Stopped Buses 0 116 12 0 0 8 8 4 0 1 0 56 208 0 0 0 0 0 0 0 0 0 28 44 12 0 0 0 0 0 0 0 0 0 84 72 0 632 0 4 0 20 0 4 0 0 0 1 Comments: Report generated on 7/1/2014 1:03 PM SOURCE: Quality Counts, LLC (http://www.qualitycounls.ne( 1-877-580-2212 IN®Ek ,�, _ Type of peak hour being reported: System Peak Method for determining peak hour: Total Entering Volume LOCATION: Powerhouse Rd -- Englewood Ave QC JOB #: 12629202 CITY/STATE: Yakima. WA DATE: Wed. Jun 25 2014 91 161 + * 7 59 25 + 4 Peak -Hour: 4:45 PM -- 5:45 PM Peak 15 -Min: 5:05 PM -- 5:20 PM 2.2 8.0 + • 0.0 0.0 8.0 .✓ r + 170~6 82 • 11729 1.� L 0.79 ~ * 30~124 24 ~00 89 3 7 • 5� 110 or 1 OP ~ 00 32 45 �.0 7.6 L' h * �r ^'~ 74125 t , 3 93 202 Quality Counts .❑ 0.8 ❑.o ❑� + • 0.0 0.5 iiii. r(+$a 0 n 1 ft' -1 0 f ❑ 1 •NA * J + 4 INA _t_. * r J + 4 p 4. ! 1. ~ dur. NA NA J NA • rit:—.;1k. « NA • 1 r A 1 r NA NA 5 -Min Count Period Powerhouse Rd (Northbound) Powerhouse Rd (Southbound) Englewood Ave (Eastbound) Englewood Ave (Westbound) Total Hourly Totals Beginning At Lgft Thru Right U Leff Thru Right Lgft Thry Right _ L ft Thru Right U 4:00 PM 4:05 PM 4:10 PM 4:15 PM 4:20 PM 4:25 PM 4:30 PM 4:35 PM 440 PM 2 3 0 0 5 9 0 0 5 7 0 0 4 8 0 0 5 16 1 0 4 7 2 0 2 5 0 0 3 7 0 0 2 3 0 0 _LI 0 4 0 0 2 7 2 0 2 3 0 0 2 3 0 0 0 4 0 0 0 5 1 0 0 2 0 0 1 3 1 0 0 1 1 0 0 5 4 0 0 9 5 0 1 7 1 0 0 5 2 0 1 4 1 0 0 8 1 0 0 7 1 0 1 6 3 0 0 5 2 0 0 5 3 0 0 7 0 0 0 4 0 0 0 4 3 0 0 2 1 0 0 8 1 0 0 8 4 0 0 16 2 0 0 3 0 0 26 46 30 31 35 37 29 43 17 3 7 1 0 1 10 3 0 0 5 2 0 0 9 3 0 0 7 2 0 0 3 2 0 1 4 4 0 1 8 1 0 35 43 35 43 407 424 4:45 PM 4:50 PM 4:55 PM 5:00 PM 2 7 0 0 4 10 . 1 0 3 11 0 0 6 11 0 0 4 12- 0 0 2 6 1 0 1 2 2 0 0 4 0 0 1 13 1 0 0 14 3 0 0 8 2_0 1 7 5 0 0 5 3 0 1 3 3 0 0 10 2 0 0 7 2 0 81 54 4 43 46 38 41 41 439 463 406 494 503 512 510 534 p5505 PM 10 PM i__5:1.5_PM._ 5:20 PM 5:25 PM 5;30 PM 5:35 PM 5:40 EM_6 5 15 1 0 5 10 0 0 .. 1.R._ _11. .0. 0 9 6 0 0 6 11 0 0 8 8 0 0 2 13 1 0 2:__Q 7 7 2 0 3 8 0 0 ..0. 6 1_0 1 6 0 0 3 3 0 0 2 6 1 0 1 5 0 0 1 5 0 0 0 9 0 0' 0 6 5 0 0 6 3 0 0 5 3 0 1 9 5 0 0 5 1 0 1 5 1 0 0 6 2 0 5:45 PM , 5:50 PM 5:55 PM • _0 2 9 1 0 13 4 0 0 5 10 0 0 2 1 1 0 4 8 0 0 1 3 0 0 0 10 1 0 0 5 6 0 0 3 0 0 0 6 0 0 0 4 7 0 0 0 1 0 33 51 23 _ 532 540 528 Peak 15 -Min Northbound Southbound Eastbound Westbound Total 576 12 0 1 Flawrates Left Thru RAN U Left Ttru Right U Left Thry RIaht It 0 84 32 0 0 4 0 0 0 0 0 Left Thru Richt U 4 140 24 0 0 8 0 0 0 1 0 All Vehicles Heavy Trucks Pedestrians Bicycles Railroad Slopped Buses 112 144 4 0 0 0 0 0 0 0 0 40 80 12 0 0 0 0 0 0 0 0 Comments: Report generated on 7/1/2014 1:03 PM SOURCE: Quality Counts, LLCbI ' dw.qualitycounts.net)'- "t 1 INDEX OCT 2 2 2015 ... .....�- CITY Uf YAKIIM/ PLANNING DIV. Appendix B Ex st n Traffic Analysis W rksheet,s HCS+: Unsignalized Intersections Release 5.6 Phone: E -Mail: Fax: ALL -WAY STOP CONTROL(AWSC) ANALYSIS Analyst: Ryan Liu Agency/Co.: Kittelson & Associates Date Performed: 6/25/2014 Analysis Time Period: 4:45-5:45 PM Intersection: Jurisdiction: Yakima, WA Units: U. S. Customary Analysis Year: 2014 Project ID: 18015 East/West Street: Powerhouse Road North/South Street: N 34th Avenue Worksheet 2 - Volume Adjustments and Site Characteristics I Eastbound 1 Westbound I Northbound IL T R[L T RL TR 1 1 Southbound I L T 5.1 183 5 I Volume 111 38 23 13 69 72 19 100 4 138 % Thrus Left Lane Eastbound Westbound Northbound Southbound Ll L2 Ll L2 Ll L2 L1 L2 Configuration LTR LTR LTR LTR PHF 0.88 0.88 0.88 0.88 Flow Rate 81 162 127 255 % Heavy Veh 1 1 4 0 No. Lanes 1 1 1 1 Opposing -Lanes 1 1 1 1 Conflicting -lanes 1 1 1 1 Geometry group 1 1 1 1 Duration, T 1.00 hrs. Worksheet 3 - Saturation Headway Adjustment Worksheet Eastbound Westbound Northbound Southbound Ll L2 Ll L2 L1 L2 Ll L2 Flow Rates: Total in Lane 81 162 127 255 Left -Turn 12 3 10 43 Right -Turn 26 81 4 5 Prop. Left -Turns 0.1 0.0 0.1 0.2 Prop. Right -Turns 0.3 0.5 0.0 0.0 Prop. Heavy Vehicle0.0 0.0 0.0 0.0 Geometry Group 1 1 1 Adjustments Exhibit 17-33: hLT-adj 0.2 0.2 0.2 DOC. INDEX \-\-U ° AECEIVED OCT 2 2 2015 CITY OF YAKIMA PI A NIPiTon nIV hRT-adj -0. 0.6 hHV-adj 1.7 1.7 hadj, computed -0.1 -0.3 -0.6 -0.6 1.7 1.7 0.1 0.0 Worksheet 4 - Departure Headway and Service Time Eastbound Westbound Northbound Southbound LI L2 LI L2 LI L2 LI Flow rate 81 162 127 255 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.07 0'I4 0.11 0.23 hd, final value 4.93 4.68 4.90 4.70 x, final value 0.11 0'21 0,I7 0.33 Move -up time, m 2.0 2.0 2.0 2.0 Service Time 2.9 2.7 2.9 2.7 L2 Worksheet 5 - Capacity and Level of Service Eastbound Westbound Northbound Southbound Ll L2 Ll L2 Ll L2 LI L2 Flow Rate 81 162 127 255 Service Time 2.9 2.7 2.9 2.7 Utilization, x 0.11 0'2I 0'I7 0.33 Dep. headway, hd 4.93 4.68 4.90 4.70 Capacity 331 412 377 505 Delay 8.54 8.93 8.93 10.04 LOS A A A B Approach: Delay 8.54 8.93 8.93 LOS A A A Intersection Delay 9.33 Intersection LOS A 10.04 B HCS+: Unsignalized Intersections Release 5.6 Phone: E -Mail: Fax: ALL -WAY STOP CONTROL(AWSC) ANALYSIS Analyst: Ryan Liu Agency/Co.: Kittelson & Associates Date Performed: 6/25/14 Analysis Time Period: 4:45-5:45 PM Intersection: Jurisdiction: Yakima, WA Units: U. S. Customary Analysis Year: 2014 Project ID: 18015 East/West Street: Englewood Avenue North/South Street: Powerhouse Road Worksheet 2 - Volume Adjustments and Site Characteristics Volume I Eastbound 1 Westbound I Northbound I Southbound IL T R1L T RIL T RIL 1 1 16 82 29 15 89 30 174 125 3 25 59 T R % Thrus Left Lane Configuration PHF Flow Rate % Heavy Veh No. Lanes Opposing -Lanes Conflicting -lanes Geometry group Duration, T 0.25 Eastbound L1 L2 LTR 0.79 146 3 1 1 1 1 hrs. Westbound Ll L2 LTR 0.79 155 3 1 1 1 1 Northbound L1 L2 LTR 0.79 254 1 1 1 1 1 Southbound L1 L2 LTR 0.79 113 2 1 1 1 1 Worksheet 3 - Saturation Headway Adjustment Worksheet Flow Rates: Total in Lane Left -Turn Right -Turn Prop. Left -Turns Prop. Right -Turns Eastbound L1 L2 146 7 36 0.0 0.2 Prop. Heavy Vehicle0.0 Geometry Group 1 Adjustments Exhibit 17-33: hLT-adj 0.2 Westbound L1 L2 155 6 37 0.0 0.2 0.0 1 0.2 Northbound L1 L2 254 93 3 0.4 0.0 0.0 1. 0.2 Southbound L1 L2 113 31 8 0.3 0.1 0.0 FiECEIVED 0.2 OCT 2 2 2015 CITY OF YAKItvikk PLANNING DIV. hRT-adj -0. -0.6 hHV-adj 1.7 1.7 hadj, computed -0.1 -0.1 -0.6 0.6 1.7 1.7 0.1 0.0 Worksheet 4 - Departure Headway and Service Time Eastbound Ll L2 L1 L2 L1 L2 L1 Flow rate 146 155 254 113 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.13 0.14 0.23 0.10 hd, final value 5.00 4.99 4.93 5.09 x, final value 0.20 0.21 0.35 0.16 Move -up time, m 2.0 2.0 2.0 2.0 Service Time 3.0 3.0 2.9 3.1 Westbound Northbound Southbound L2 Worksheet 5 - Capacity and Level of Service Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 Ll L2 Flow Rate 146 155 254 1A3 Service Time 3.0 3.0 2.9 3.1 Utilization, x 0.20 0.21 0.35 0.16 Dep. headway, hd 5.00 4.99 4.93 5.09 Capacity 396 405 504 363 Delay 9.26 9.34 10.54 9.06 LOS A A B A Approach: Delay 9.26 9.34 10.54 LOS A A 13 Intersection Delay 9.73 Intersection LOS A 9.06 A Appendix C 2017 Background Traffic Conditions Worksheets RECEIVED OCT 2 2 2015 CITY OF PLANN'sNG DIV Phone: E -Mail: HCS+: Unsignalized Intersections Release 5.6 Fax: -ALL-WAY STOP CONTROL(AWSC) ANALYSIS Analyst: Ryan Liu Agency/Co.: Kittelson & Associates Date Performed: 6/25/2014 Analysis Time Period: 4:45-5:45 PM Intersection: Jurisdiction: Yakima, WA Units: U. S. Customary Analysis Year: 2017 Background Project ID: 18015 East/West Street: Powerhouse Road North/South Street: N 34th Avenue Worksheet 2 - Volume Adjustments and Site Characteristics 1 Eastbound 1 Westbound 1 Northbound 1 Southbound 1 1 L T R 1 L T R 1 L T R 1 L T R I 1 1 1 P 1 Volume 112 40 24 13 73 76 110 106 4 140 194 5 1 % Thrus Left Lane Eastbound Westbound Northbound Southbound L1 L2 Ll L2 L1 L2 Ll L2 Configuration LTR LTR LTR LTR PHF 0.88 0.88 0.88 0.88 Flow Rate 85 171 135 270 % Heavy Veh 1 1 4 0 No. Lanes 1 1 1 1 Opposing -Lanes 1 1 1 1 Conflicting -lanes 1 1 1 1 Geometry group 1 1 1 1 Duration, T 1.00 hrs. rksheet 3 - Saturation Headway Adjustment Worksheet. Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow Rates: Total in Lane 85 171 135 270 Left -Turn 13 3 11 45 Right -Turn 27 86 4 5 Prop. Left -Turns 0.2 0.0 0.1 0.2 Prop. Right -Turns 0.3 0.5 0.0 0.0 Prop. Heavy Vehicle0.0 0.0 0.0 0.0 Geometry Group 1 1 Adjustments Exhibit 17-33: hLT-adj 0.2 0.2 1 0,2 0.2 hRT-adj hHV-adj hadj, computed -0.6 1.7 -0.1 -0.6 1.7 -0.3 -0.6 -0.6 1.7 1„7 0.1 0.0 Worksheet 4 ••- Departure Headway and Service Time Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow rate 85 171 135 270 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.08 0.15 0.12 0.24 hd, final value 5.02 4.76 4.98 4.76 x, final value 0.12 0.23 0.19 0.36 Move -up time, m 2.0 2.0 2.0 2.0 Service Time 3.0 2.8 3.0 2.8 Worksheet 5 Capacity and Level of Service Eastbound Westbound Northbound Southbound L1 L2 L1 L2 L1 L2 L1 L2 Flow Rate 85 171 135 270 Service Time 3.0 2.8 3.0 2.8 Utilization, x 0.12 0.23 0.19 0.36 Dep. headway, hd 5.02 4.76 4.98 4.76 Capacity 335 421 385 520 Delay 8.70 9.15 9.12 10.40 LOS A A A B Approach: Delay 8.70 9.15 9.12 LOS A A A Intersection Delay 9.59 Intersection LOS A DOC. INDEX 10.40 B RECEIVED OCT 2 2 2015 CITY OF YAKIMA PLANNING DIV Phone: E -Mail: HCS+: Unsignalized Intersections Release 5.6 Fax: ALL -WAY STOP CONTROL(AWSC) ANALYSIS Analyst: Ryan Liu Agency/Co.: Kittelson & Associates Date Performed: 6/25/14 Analysis Time Period: 4:45-5:45 PM Intersection: Jurisdiction: Yakima, WA Units: U. S. Customary Analysis Year: 2017 Background Project ID: 18015 East/West Street: Englewood Avenue North/South Street: Powerhouse Road Worksheet 2 - Volume Adjustments and Site Characteristics 1 Eastbound I Westbound 1 Northbound 1 Southbound 1 L T R IL T R 1 L T R 1 L T R 1 Volume 16 87 31 5 94 32 178 133 3 27 % Thrus Left Lane 63 7 Eastbound Westbound Northbound Southbound. L1 L2 L1 L2 L1 L2 L1 L2 Configuration LTR LTR LTR LTR PHF 0.79 0.79 0.79 0.79 Flow Rate 156 164 269 121 % Heavy Veh 3 3 1 2 No. Lanes 1 1 1 Opposing -Lanes 1 1 1 Conflicting -lanes 1 1 1 Geometry group 1 1 1 Duration, T 0.25 hrs. Worksheet 3 - Saturation Headway Adjustment Worksheet 1 1 1 1 Eastbound Westbound Northbound Southbound L1 L2 Ll L2 L1 L2 L1 L2 Flow Rates: Total in Lane 156 164 269 121 Left -Turn 7 6 98 34 Right -Turn 39 40 3 8 Prop. Left -Turns 0.0 0.0 0.4 0.3 Prop. Right -Turns 0.3 0.2 0.0 0.1 Prop. Heavy Vehicle0.0 0.0 0.0 0.0 Geometry Group 1 1 1 1 Adjustments Exhibit 17-33: hLT-adj 0.2 0.2 0.2 0.2 DOC. INDEX mat: hRT-adj OA -0.6 hHV-adj 1.7 1.7 hadj, computed -0.1 -0.1 -0.6 -0.6 1.7 1.7 0.1 0.1 Worksheet 4 - Departure Headway and Service Time Eastbound Westbound Northbound Southbound Ll L2 L1 L2 Ll L2 Ll L2 Flow rate 156 164 269 121 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.14 0.15 0.24 0.11 hd, final value 5.09 5.08 5.01 5.20 x, final value 0.22 0.23 0.37 0.17 Move -up time, m 2.0 2.0 2.0 2.0 Service Time 3.1 3.1 3.0 Worksheet 5 - Capacity and Level of Service 3.2 Eastbound Westbound Northbound Ll L2 Ll L2 L1 L2 Southbound L1 L2 Flow Rate 156 164 269 121 Service Time 3.1 3.1 3.0 3.2 Utilization, x 0.22 0.23 0.37 0.17 Dep. headway, hd 5.09 5.08 5.01 5.20 Capacity 406 414 519 371 Delay 9.53 9.61 10.99 9.29 LOS A A B A Approach: Delay 9.53 9.61 10.99 LOS A A B Intersection Delay 10.06 Intersection LOS B 9.29 A ECEI MO, OCT 2 2 2015 Y Y Pt ANN:MG DiV Appendix D 2017 Total Traffic Conditions Worksheets HCS+: Unsignalized Intersections Release 5.6 Phone: E -Mail: Fax: ALL -WAY STOP CONTROL(AWSC) ANALYSIS Analyst: Ryan Liu Agency/Co.: Kittelson & Associates Date Performed: 6/25/2014 Analysis Time Period: 4:45-5:45 PM Intersection: Jurisdiction: Yakima, WA Units: U. S. Customary Analysis Year: 2017 Total Traffic Project ID: 18015 East/West Street: Powerhouse Road North/South Street: N 34th Avenue Worksheet 2 - Volume Adjustments and Site Characteristics RECO If R. ed T 2 2 2O5 ,, .uiff- PLAV!'dd.K:d; OV 1 Eastbound 1 Westbound 1 Northbound 1 Southbound I 1 L T R 1 L T R 1 L T R 1 L T R d 1 I 1 1 Volume 112 57 24 14 82 85 % Thrus Left Lane 110 106 157 194 Eastbound Westbound Northbound Southbound L1 L2 Ll L2 Ll L2 Li L2 Configuration LTR LTR LTR LTR PHF 0.88 0.88 0.88 0.88 Flow Rate 104 193 137 289 % Heavy Veh 1 1 4 0 No. Lanes 1 1 1 1 Opposing -Lanes 1 1 1 1 Conflicting -lanes 1 1 1 1 Geometry group 1 1 1 1 Duration, T 1.00 hrs. Worksheet 3 - Saturation Headway Adjustment Worksheet Eastbound Westbound Northbound Southbound L1 L2 L1 L2 Ll L2 Ll L2 Flow Rates: Total in Lane 104 193 137 289 Left -Turn 13 4 11 64 Right -Turn 27 96 6 5 Prop. Left -Turns 0.1 0.0 0.1 0.2 Prop. Right -Turns 0.3 0.5 0.0 0.0 Prop. Heavy Vehicle0.0 0.0 0.0 0.0 Geometry Group 1 1 1 1 Adjustments Exhibit 17-33: hLT-adj 0.2 0.2 0.2 0.2 hRT-adj -0.. -0.6 0.6 -0.6 hHV-adj 1.7 1.7 1.7 1.7 hadj, computed -0.1 -0.3 0.1 0.0 Worksheet 4 - Departure Headway and Service Time Eastbound Westbound Northbound Southbound L1 L2 L1 L2 Ll L2 L1 L2 Flow rate 104 193 137 289 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.09 0.1/ 0.12 0.26 hd, final value 5.18 4.89 5.14 4.91 x, final value 0.15 0.26 0.20 0.39 Move -up time, m 2.0 2.0 2.0 2.0 Service Time 3.2 2.9 3.1 2.9 Worksheet 5 - Capacity and Level of Service Eastbound Westbound Northbound Southbound Ll L2 Ll L2 Ll L2 Ll L2 Flow Rate 104 193 137 289 Service Time 3.2 2.9 3.1 2.9 Utilization, x 0.15 0.26 0.20 0.39 Dep. headway, hd 5.18 4.89 5.14 4.91 Capacity 354 443 387 539 Delay 9.09 9.62 9,39 11.10 LOS A A A B Approach: Delay 9.09 9.62 9.39 LOS A A A Intersection Delay 10.09 Intersection LOS B 11.10 HCS+: Unsi alized Intersections Release 6 TWO-WAY STOP CONTROL SUMMARY Analyst: Agency/Co.: Date Performed: Analysis Time Period: Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: Project ID: 18015 East/West Street: North/South Street: JXH 7/11/2014 Weekday PM Peak Hour Powerhouse Rd/North Site DW Yakima 2017 Total Traffic North Site Driveway Powerhourse Road Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Northbound 1 2 3 1 4 L T R1 L Major Street: Approach Movement Southbound 5 6 T R Volume Peak -Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 166 0.79 210 Undivided 1 0 TR No 23 0.79 29 11 0.79 13 2 109 0.79 137 0 1 LT No Minor Street: Approach Movement Westbound 7 8 9 L T R Eastbound 10 11 N L T R 12 Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) Flared Approach: Exists?/Storage Lanes 0 Configuration 12 0 0 0.79 0.79 0.79 15 0 0 0 0 0 0 Delay, NB 1 Approach Movement Lane Config 1 0 LTR No 0 Queue Length, and Level of Service SB 4 LT Westbound 7 8 9 LTR Eastbound 10 11 12 v (vph) C(m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 13 1328 0.01 0.03 7.7 A 15 614 0.02 0.08 11.0 B 11.0 B FE CE VED OCT 2 ? 2015 &A I "Y (Ji - YAKIfl A D C. PLANN:!'113 DIV. INDEX # Phone: E -Mail: HCS+: Unsignalized Intersections Release 5.6 Fax: TWO-WAY STOP CONTROL(TWSC) ANALYSIS Analyst: JXH Agency/Co.: Date Performed: 7/11/2014 Analysis Time Period: Weekday PM Peak Hour Intersection: Powerhouse Rd/North Site DW Jurisdiction: Yakima Units: U. S. Customary Analysis Year: 2017 Total Traffic Project ID: 18015 East/West Street: North Site Driveway North/South Street: Powerhourse Road Intersection Orientation: NS Major Street Movements Volume Peak -Hour Factor, PHF Peak -15 Minute Volume Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? Study period (hrs): 0.25 Vehicle Volumes and Adjustments 1 2 3 4 L T R L T 5 166 0.79 53 210 Undivided R 23 11 109 0.79 0.79 0.79 7 3 34 29 13 137 -- 2 _ / 1 0 0 1 TR LT No No Minor Street Movements 7 8 9 10 11 L T R L T 12 R Volume 12 0 0 Peak Hour Factor, PHF 0.79 0.79 0.79 Peak -15 Minute Volume 4 0 0 Hourly Flow Rate, HFR 15 0 0 Percent Heavy Vehicles 0 0 0 Percent Grade (%) 0 Flared Approach: Exists?/Storage No RT Channelized? Lanes 0 1 0 Configuration LTR Movements 0 Pedestrian Volumes and Adjustments 13 14 15 16 Flow (ped/hr) 0 f 0 0 Lane Width (ft) 12.0 12.0 12.0 12.0 Walking Speed (ft/sec) 4.0 4.0 4.0 4.0 Percent Blockage 0 0 0 0 Prog. Flow vph Upstream Signal Data Sat Arrival Green Cycle Prog. Distance Flow Type Time Length Speed to Signal vph sec sec mph feet S2 Left -Turn Through S5 Left -Turn Through Worksheet 3 -Data for Computing Effect of Delay to Major Street Vehicles Movement 2 Movement 5 Shared in volume, major th vehicles: Shared in volume, major rt vehicles: Sat flow rate, major th vehicles: Sat flow rate, major rt vehicles: Number of major street through lanes: 137 0 1700 1700 1 Worksheet 4 -Critical Gap and Follow-up Time Calculation Critical Gap Calculation Movement 1 4 7 8 9 10 11 12 L L L T R L R t (c, base) t (c,hv) P (hv) t (c,g) Percent Grade t (3,1t) t (c,T): t (c) 4.1 7.7 6.5 6.2 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2 0 0 0 0.20 0.20 0.10 0.20 0.20 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.70 0.00 0.00 1 -stage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 -stage 0.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1 -stage 4.1 6.4 6.5 6.2 2 -stage Follow -Up Time Calculations Movement 1 4 '7 8 9 10 11 12 L L L, T R L T R t (f, base) t (f,HV) P(HV) t (f) 2.20 3.50 4.00 3.30 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 2 0 0 0 2.2 3.5 4.0 3.3 Worksheet 5 -Effect of Upstream Signals Computation 1 -Queue Clearance Time at Upstream Signal Movement 2 V(t) V(1,prot) V(t) V(1,prot) t prog Movement 5 A *X VED OC T "e?, 2015 (ft' YAMEArk RJLANr:43 Total Saturation Flow Rate 3 (vph) Arrival Type Effective Green, g (sec) Cycle Length, C (sec) Rp (from Exhibit 16-11) Proportion vehicles arriving on green P g(q1) g(q2) g(q) Computation 2 -Proportion of TWSC Intersection Time blocked Movement 2 Movement 5 V(t) V(1,prot) V(t) V(1,prot) alpha beta Travel time, t(a) (sec) Smoothing Factor, F Proportion of conflicting flow, Max platooned flow, V(c,max) Min platooned flow, V(c,min) Duration of blocked period, t(p) Proportion time blocked, p Computation 3 -Platoon Event Periods Result p(2) p(5) p(dom) p(subo) Constrained or unconstrained? 0.000 0.000 0.000 0.000 Proportion unblocked (1) (2) (3) for minor Single -stage Two -Stage Process movements, p(x) Process Stage I Stage II p(1) p(4) 10(7) 10(8) p(9) p(10) p(11) p(12) Computation 4 and 5 Single -Stage Process Movement 1 4 7 8 9 10 11 12 L L L T R L T R V c,x 239 387 387 224 s Px V c,u,x C r,x C plat,x Two -Stage Process 7 8 10 11 0 d.111 Stagel StagE Stagel Stage2 Stagel StaL Stagel Stage2 1500 1500 C(r,x) C (plat, x) Worksheet 6 -Impedance and Capacity Equations Step 1: RT from Minor St. 9 Conflicting Flows Potential Capacity Pedestrian Impedance Factor Movement Capacity Probability of Queue free St. 224 820 1.00 820 1.00 12 1.00 1..00 Step 2: LT from Major St. Conflicting Flows Potential Capacity Pedestrian Impedance Factor Movement Capacity Probability of Queue free St. Maj L -Shared Prob Q free St. 239 1328 1.00 1328 0.99 0.99 1.00 1.00 Step 3: TH from Minor St„ Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Probability of Queue free St. Step : LT from Minor St. Conflicting Flows Potential Capacity Pedestrian Impedance Factor Maj. L, Min T Impedance factor Maj. L, Min T Adj. Imp Factor. Cap. Adj. factor due to Impeding mvmnt Movement Capacity 8 387 551 1.00 0.99 545 1.00 11 1.00 0.99 1.00 7 387 620 1.00 0.99 614 Worksheet 7 -Computation of the Effect of Two-stage Gap Acceptance Step 3: TH from Minor St. Part 1 - First Stage Conflicting Flows Potential Capacity Pedestrian Impedance Cap. Adj. factor due Movement Capacity Probability of Queue 10 1.00 0.99 0.99 0.99 Factor to Impeding mvmnt free St. 8 11 ttf,, y PLA N syr, 20 ,"r Part 2 - Second Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 3 - Single Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity 387 551 1.00 0.99 545 1.00 0.99 Result for 2 stage process: a y C t Probability of Queue free St. 545 1.00 1.00 Step 4: LT from Minor St. Part 1 - First Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 2 - Second Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 3 - Single Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Maj. L, Min T Impedance factor Maj. L, Min T Adj. Imp Factor. Cap. Adj. factor due to Impeding mvmnt Movement Capacity Results for Two-stage process: a y C t 7 10 387 620 1.00 0.99 614 1.00 0.99 0.99 0.99 614 Worksheet 8 -Shared Lane Calculations Movement 7 8 9 10 11 12 L T R L T R Volume (vph) 15 0 0 Movement Capacity (vph) 614 545 820 Shared Lane Capacity (vph) 614 Worksheet 9 Computation of Effect of Flared Minor Street Approaches Movement 7 8 9 L T R L T 12 C sep 614 545 820 Volume Delay Q sep Q sep +1 round (Qsep +1) 15 0 0 n max C sh SUM C sep n C act 614 Worksheet 10 -Delay, Queue Length, and Level of Service Movement Lane Config 4 7 8 9 1..0 LT LTR 12 v (vph) 13 15 C(m) (vph) 1328 614 v/c 0.01 0.02 95% queue length 0.03 0.08 Control Delay 7.7 11.0 LOS A B Approach Delay 11.0 Approach LOS B Worksheet 11 -Shared Major LT Impedance and Delay Movement 2 Movement 5 p(oj) v(i1), Volume for stream 2 or !.) v(i2), Volume for stream 3 or 6 s(11), Saturation flow rate for stream 2 or 5 s(i2), Saturation flow rate for stream 3 or 6 p* (j) d(M,LT), Delay for stream 1 or 4 N, Number of major street through lanes d(rank,l) Delay for stream 2 or 5 1.00 0.99 137 0 1700 1700 0.99 7.7 0.1 1 DEX \A -U alerir..111.1004.1MIAMEM1614M u 2015 ui "t, r I Ai, HCS+: Uns Analyst: Agency/Co.: Date Performed: Analysis Time Period: Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: Project ID: 18015 East/West Street: North/South Street: ialized Intersections Release .6 TWO-WAY STOP CONTROL SUMMARY JXH 7/11/2014 Weekday PM Peak Hour Powerhouse Rd/South Site DW Yakima 2017 Total Traffic South Site Driveway Powerhourse Road Intersection Orientation: NS Major Street: Study period (hrs): 0.25 Vehicle Volumes and Adjustments Northbound 1 2 3 1 4 L T R 1 L Approach Movement Southbound 5 6 T R Volume Peak -Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 175 0.79 221 Undivided 1 No 0 TR 55 0.79 69 25 0.79 31 2 96 0.79 121 0 1 LT No Minor Street: Approach Movement Westbound 7 8 L T Eastbound 9 1 10 11 12 R1 1,T R Volume 31 0 14 Peak Hour Factor, PHF 0.79 0.79 0.79 Hourly Flow Rate, HFR 39 0 17 Percent Heavy Vehicles Percent Grade (%) Flared Approach: Exists?/Storage Lanes 0 Configuration 0 0 0 0 No 0 LTR 0 / Delay, Queue Length, and Level of Service Approach NB SB Movement 1 4 1 1 Lane Config LT 1 Westbound 7 8 9 LTR Eas 10 v (vph) 31 C(m) (vph) 1272 v/c 0.02 95% queue length 0.07 Control Delay 7.9 LOS A Approach Delay Approach LOS 56 618 0.09 0.30 11.4 B 11.4 B bound 11 12 • 11011,,„ EX ihwwww.01. HCS+: Unsignalized Intersections Release 5.6 Phone: E -Mail: Fax: RECEIVEO OCT 232015 ffy PLA !WiN3 rIV TWO-WAY STOP CONTROL(TWSC) ANALYSIS Analyst: JXH Agency/Co.: Date Performed: 7/11/2014 Analysis Time Period: Weekday PM Peak Hour Intersection: Powerhouse Rd/South Site DW Jurisdiction: Yakima Units: U. S. Customary Analysis Year: 2017 Total Traffic Project ID: 18015 East/West Street: South Site Driveway North/South Street: Powerhourse Road Intersection Orientation: NS Major Street Movements Study period (hrs): 0.25 Vehicle Volumes and Adjustments 1 2 3 4 5 L T R L T Volume 175 Peak -Hour Factor, PHF 0.79 Peak -15 Minute Volume 55 Hourly Flow Rate, HFR 221 Percent Heavy Vehicles Median Type/Storage Undivided RT Channelized? Lanes Configuration Upstream Signal? 55 25 96 0.79 0.79 0.79 17 8 30 69 31 121 _. 2 -.e 1 0 0 1 TR LT No No 6 R Minor Street Movements 7 8 9 10 11 12 L T R L T R Volume 31 0 14 Peak Hour Factor, PHF 0.79 0,79 0.79 Peak -15 Minute Volume 10 0 4 Hourly Flow Rate, HFR 39 0 17 Percent Heavy Vehicles 0 0 0 Percent Grade (%) 0 Flared Approach: Exists?/Storage No RT Channelized? Lanes 0 1 0 Configuration LTR 0 Pedestrian Volumes and Adjustments Movements 13 14 15 16 Flow (ped/hr) 0 0 0 0 Lane Width (ft) Walking Speed (ft/sec) Percent Blockage 12.0 12.0 12.0 12.0 4.0 4.0 4.0 4.0 0 0 0 0 Upstream Signal Data Prog. Sat Arrival Green Cycle Prog. Distance Flow Flow Type Time Length Speed to Signal vph vph sec sec mph feet S2 Left -Turn Through S5 Left -Turn Through Worksheet 3 -Data for Computing Effect of Delay to Major Street Vehicles Movement 2 Shared in volume, major th vehicles: Shared in volume, major rt vehicles: Sat flow rate, major th vehicles: Sat flow rate, major rt vehicles: Number of major street through lanes: ovement 5 121 0 1700 1700 1 Worksheet 4 -Critical Gap and Follow-up Time Calculation Critical Gap Calculation Movement 1 L 4 7 8 9 10 11 12 L L T R L T R t (c,base) 4.1 7.1 6.5 6.2 t (c,hv) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 P(hv) 2 0 0 0 t (c,g) 0.20 0.20 0.10 0.20 0.20 0.10 Percent Grade 0.00 0.00 0.00 0.00 0.00 0.00 t (3,1t) 0.00 0.70 0.00 0.00 t (c,T): 1 -stage 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 -stage 0.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 t (c) 1 -stage 4.1 6.4 6.5 6.2 2 -stage Follow -Up Time Calculations Movement 1 4 7 8 9 10 11 12 L L L T R L T R t (f,base) 2.20 3.50 4.00 3.30 t (f,HV) 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 P(HV) 2 0 0 0 t (f) 2.2 3.5 4.0 3.3 Worksheet 5 -Effect of Upstream Signals Computation 1 -Queue Clearance Time at Upstream Signal Movement 2 V(t) V(1,prot) V(t) V(1,prot) t prog Movement 5 Total Saturation Flow Rate, , (vph) Arrival Type Effective Green, g (sec) Cycle Length, C (sec) Rp (from Exhibit 16-11) Proportion vehicles arriving on green P g(q1) g(q2) g(q) OCr 29. 2015 i.:;11( Ur P3fn Computation 2 -Proportion of TWSC Intersection Time blocked Movement 2 Movement 5 V(t) V(1,prot) V(t) V(1,prot) alpha beta Travel time, t(a) (sec) Smoothing Factor, F Proportion of conflicting flow, f Max platooned flow, V(c,max) Min platooned flow, V(c,min) Duration of blocked period, t(p) Proportion time blocked, p 0.000 0.000 Computation 3 -Platoon Event Periods Result p(2) p(5) p(dom) p(subo) Constrained or unconstrained? 0.000 0.000 Proportion unblocked (1) for minor Single -stage movements, p(x) Process (2) (3) Two -Stage Process Stage I Stage II p(1) p(4) p(7) p(8) p(9) p(10) p(11) p(12) Computation 4 and 5 Single -Stage Process Movement 1 4 7 8 9 10 11 12 L L L T R L T R V c,x 290 439 439 256 Px V c,u,x C r,x C plat,x Two -Stage Process 7 8 10 11 OC. INDEX Stagel Stag Stagel Stage2 Stagel Sta 2 Stagel Stage2 1500 1500 C(r,x) C(plat,x) Worksheet 6 -Impedance and Capacity Equations Step 1: RT from Minor St. 12 Conflicting Flows Potential Capacity Pedestrian Impedance Factor Movement Capacity Probability of Queue free St. 256 788 1.00 788 0.98 Step 2: LT from Major St. 4 Conflicting Flows Potential Capacity Pedestrian Impedance Factor Movement Capacity Probability of Queue free St. Maj L -Shared Prob Q free St. Step 3: TH from Minor St. Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Probability of Queue free St. Step 4: LT from Minor St. 290 1272 1.00 1272 0.98 0.97 1.00 1.00 1.00 1.00 8 11 439 515 1.00 0.97 501 1.00 1.00 0.97 1.00 Conflicting Flows Potential Capacity Pedestrian Impedance Factor Maj. L, Min T Impedance factor Maj. L, Min T Adj. Imp Factor. Cap. Adj. factor due to Impeding mvmnt Movement Capacity 439 579 1.00 0.98 565 10 1.00 0.97 0.98 0.96 Worksheet 7 Computation of the Effect of Two-stage Gap Acceptance Step 3: TH from Minor St, Part 1 - First Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Probability of Queue free St. 8 11 Part 2 - Second Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 3 - Single Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity OCT 2 ? 2015 G IY OF Y AY:ii,vta 439 515 1.00 0.97 501 1.00 0.97 Result for 2 stage process: a y C t Probability of Queue free St. 501 1.00 1.00 Step : LT from Minor St. 7 10 Part 1 - First Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 2 - Second Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Part 3 - Single Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Maj. L, Min T Impedance factor Maj. L, Min T Adj. Imp Factor. Cap. Adj. factor due to Impeding mvmnt Movement Capacity 439 579 1.00 0.98 565 1.00 0.97 0.98 0.96 Results for Two-stage process: a y C t 565 Worksheet 8 -Shared Lane Calculations Movement 7 8 9 10 11 12 L T R L T R Volume (vph) 39 0 17 Movement Capacity (vph) 565 501 788 Shared Lane Capacity (vph) 618 0 EX Worksheet 9 -Computation of Effect of Flared Minor Street Approaches Movement 7 8 9 10 11 L T R L T C sep Volume Delay Q sep Q sep +1 round (Qsep +1) 565 39 501 0 788 17 n max C sh SUM C sep n C act 618 12 R Worksheet 10 -Delay, Queue Length, and Level of Service Movement Lane Config 1 4 7 8 LT LTR. 10 11 12 v (vph) 31 56 C(m) (vph) 1272 618 v/c 0.02 0.09 95% queue length 0.07 0.30 Control Delay 7.9 11.4 LOS A B Approach Delay 11.4 Approach LOS B Worksheet 11 -Shared Major LT Impedance and Delay Movement 2 Movement 5 10(0j) v(il), Volume for stream 2 or 5 v(i2), Volume for stream 3 or 6 s(i1), Saturation flow rate for stream 2 or 5 s(i2), Saturation flow rate for stream 3 or 6 p* (j) d(M,LT), Delay for stream 1 or 4 N, Number of major street through lanes d(rank,l) Delay for stream 2 or 5 1.00 0.98 121 0 1700 1700 0.97 7.9 1 0.2 IN )EX Phone: E -Mail: HCS+: Unsignalized Intersections Release 5.6 Fax: ALL -WAY STOP CONTROL(AWSC) ANALYSIS Analyst: Agency/Co.: Date Performed: Analysis Time Period: Intersection: Jurisdiction: Units: U. S. Customary Analysis Year: Project ID: 18015 East/West Street: North/South Street: Worksheet 2 - Ryan Liu Kittelson & Associates 6/25/14 4:45-5:45 PM Yakima, WA 2017 Total Traffic Englewood Avenue Powerhouse Road Volume Adjustments and Site Characteristics I Eastbound 1 Westbound I L T R 1 L T R I I Volume 110 87 % Thrus :Left Lane Configuration PHF Flow Rate % Heavy Veh No. Lanes Opposing -Lanes Conflicting -lanes Geometry group Duration, T 0.25 hrs. 31 15 Eastbound L1 L2 LTR 0.79 161 3 1 1 1 1 94 49 1 Northbound I Southbound IL TR 1 1 LT R 178 Westbound Ll L2 LTR 0.79 186 3 1 1 1 190 Northbound L1 L2 LTR 0.79 341 1 1 137 97 9 Worksheet 3 - Saturation Headway Adjustment Worksheet Eastbound L1 L2 Flow Rates: Total in Lane 161 Left -Turn 12 Right -Turn 39 Prop. Left -Turns 0.1 Prop. Right -Turns 0.2 Prop. Heavy Vehicle0.0 Geometry Group 1 Adjustments Exhibit 17-33: hLT-adj 0.2 Westbound L1 L2 186 6 62 0.0 0.3 0.0 1 Northbound Ll L2 341 98 3 0.3 0.0 0.0 1 0.2 0.2 Southbound Ll L2 LTR 0.79 179 2 1 1 1 1 Southbound Ll L2 179 46 11 0.3 0.1 0.0 1 0.2 DOC. DEX hRT-adj -0. -0.6 hHV-adj 1.7 1,7 hadj, computed -0.1 -0.1 0.6 1.7 0.1 0.0 Worksheet 4 - Departure Headway and Service Time Eastbound Westbound Northbound -0.6 1.7 Southbound L1 L2 L1 L2 L1 L2 Ll L2 Flow rate 161 186 341 179 hd, initial value 3.20 3.20 3.20 3.20 3.20 3.20 3.20 3.20 x, initial 0.14 0.17 0.30 0.16 hd, final value 5.60 5.49 5.27 5.50 x, final value 0.25 0.28 0.50 0.27 Move -up time, m 2.0 2.0 2.0 2.0 Service Time 3.6 3.5 3.3 3.5 Worksheet 5 - Capacity and Level of Service Eastbound Westbound Northbound Southbound L1 L2 Ll L2 Ll L2 L1 L2 Flow Rate 161 186 341 179 Service Time 3.6 3.5 3.3 3.5 Utilization, x 0.25 0.28 0.50 0.27 Dep. headway, hd 5.60 5.49 5.27 5.50 Capacity 411 436 591 429 Delay 10.45 10.65 13.40 10.56 LOS B B B B Approach: Delay 10.45 10.65 13.40 LOS B B B Intersection Delay 11.67 Intersection LOS B 10.56 UL r 2 '? 21P11' Y Or Appendix E Turn Lane Worksheets INDEX # - Project #: Project Name: Analyst: Intersection: Scenario: Date: File: Input Data: Left -Turn Lane Warrant Analysis 18015 Powerhouse Apt jxh North Driveway 2017 TT 7/14/2014 #N/A Advancing Volume (vph) = Left -turning Vehicles (vph) = Opposing Volume (vph) = Speed (mph) = Number of Approach Lanes = % Left -Turning Vehicles Critical Gap (sec) = Maneuver Time (sec) = Exit Time (sec) = Utilization Factor = Opposing Volume (vph) 800 700 600 500 400 300 200 100 ii 120 11 189 30 KITTELSON & ASSOCIATES, INC. 610 SW Alder, Suite 700 Portland, Oregon 97205 (503) 228-5230 Fax: (503) 273-8169 1 (not applicable for two lanes) 9% 5 3 1.9 0.02 Left -Turn Lane Warrant Analysis Results LEGEND, Requlred Value • Actual Value 0 200 400 800 Advancing Volume (vph) 1000 Based on Volume Warrants for Left -Turn Storage Lanes at Unsignalized Grade Intersections (D. Harmelink) 1200 Project #: Project Name: Analyst: Intersection: Scenario: Date: File: Input Data: Left -Turn Lane Warrant Analysis 13015 Powerhouse Apt #xh South D{iv'ewayr. 2017 TT OCT 2 1 2015 ,Girt PLANK:NG Die; KITTELSON & ASSOCIATES, INC. 610 SW Alder, Suite 700 Portland, Oregon 97205 (503) 228-5230 Fax: (503) 273-8169 7/14/2014 H:\projfile\18015 - Powerhouse Road Apartments\excel\[North DW LT Warrant.xls]Main Advancing Volume (vph) = Left -turning Vehicles (vph) = Opposing Volume (vph) = Speed (mph) = Number of Approach Lanes = 121 25 230 30 1 (not applicable for two lanes) % Left -Turning Vehicles 21% Critical Gap (sec) = 5 Maneuver Time (sec) = 3 Exit Time (sec) = 1.9 Utilization Factor = 0.02 800 700 Q ▪ 600 • 500 E 5 400 Of C 300 N O . 200 O. O 100 0 Left -Turn Lane Warrant Analysis Results LEGEND Required Value Actual Value 1 1 1 0 SOC 400 600 600 1000 1200 Advancing Volume (vph) * Based on Volume Warrants for Left -Turn Storage Lanes at Unsignalized Grade Intersections (D. Harmelink) DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-15, PLP#002-15 & SEPA#026-15 DMF Investments - "Powerhouse Villas" 3201 Powerhouse Rd I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of H.E. Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of subject property, 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 15th day of October, 2015. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II DOC. 18131544411 FLAGSTAR BANK FSB 5151 CORPORATE DR TROY, MI 48098 18131433403 NEXT STEP HOUSING 124 CRESTMONT DR OAKLAND, CA 94619 18131433010 Q E PROP MGT GRP LLC 2911 POWERHOUSE RD TRLR C YAKIMA, WA 98902 18131434469 OWEN FAMILY TRUST 715 N 28TH AVE YAKIMA, WA 989021777 18131432008 YAKIMA SCHOOL #7 104 N 4TH AVE YAKIMA, WA 989022636 18131434470 DARYL G & LINDA DUNCAN 1717 BROWNE AVE YAKIMA, WA 98902 18131434521 EFRAIN MEMA 709 N 28TH AVE YAKIMA, WA 98902 18131544400 DAVID E. OZANNE PO BOX 2085 YAKIMA, WA 98907 18131434512 ENRIQUE & SHANTRELL SAMS VILLA 2806 SWAN AVE YAKIMA, WA 98902 18131431425 FARON G & SUSAN G COX PO BOX 942 YAKIMA, WA 98907 18131544432 JAMES W ROBUCK 2012 FRUITVALE BLVD YAKIMA, WA 98902 18131544412 JOSE ANTONIO PADILLA 410 S 10TH ST YAKIMA, WA 98901 18131434471 IRMA V ZARAGOZA 2711 SWAN AVE YAKIMA, WA 98902 18131544431 JIMMY R & REBECCA L VIOLETTE 3202 1/2 POWER HOUSE RD YAKIMA, WA 98902 18131431426 JOSE M & CECILIA CASTANEDA G 2920 COOK RD YAKIMA, WA 98908 18131434426 KENT L & KERI L BROWN 2708 JEROME AVE YAKIMA, WA98902 18131434510 LISA SCOTT 712 N 28TH AVE YAKIMA, WA 98902 18131434516 MANUEL & LOURDES GUTIERREZ 8400 HAWTHORNE DR YAKIMA, WA 98908 18131433406 RICHARD ALDERSON 3007 POWERHOUSE RD YAKIMA, WA 98902 18131544408 OSCAR SERRANO 722 N 32ND AVE YAKIMA, WA 98902 18131431076 ROCKY & KALLY MARQUIS 710 LOCUST RD YAKIMA, WA 989019750 18131433407 EPIC PO BOX 9279 YAKIMA, WA 989099279 18131433404 PEAR TREE PLACE LLC 124 CRESTMONT DR OAKLAND, CA 94619 18131432028 YAKIMA SECURE STORAGE LLC 8265 TOLOSO RD ATASCADERO, CA 93422 18131431424 DENIELE A TELLES 1014 WOODLAND AVE YAKIMA, WA 98902 18131434511 EVELIA GONZALEZ 2802 SWAN AVE YAKIMA, WA 98902 18131433021 JAMES S ALDERSON 3201 POWERHOUSE RD YAKIMA, WA 989021543 18131434517 JOHN LEE YOUNG 702 N 28TH AVE YAKIMA, WA 98902 18131434509 JOYEL K RUSSELL 714 N 28TH AVE YAKIMA, WA 989021776 18131433011 LORETTA L KAUFMAN PO BOX 10527 YAKIMA, WA 989090527 18131434467 RAUL I CABANILLAS 719N28THAVE YAKIMA, WA 98902 �I . ut 18131434501 ROSA E MORENO 701 N 28TH AVE YAKIMA, WA 989021717 18131434513 ROSA ELENA SANCHEZ 1612 W PRASCH AVE YAKIMA, WA 989025252 181`µ, 434508 ROSIE 215 S 4 YVAwt:w, WA 9890114,16 18131433405 STEVEN F & JENNIFER A ROY 1830 OAK DR SALEM, VA 24153 1813144514 ROSA ELE NCHEZ. 161 P'RASCH�PE'�_, K'IMA, WA 989025252 18131434507 ROSIE & LUIS J ESCAMILLA 215S41STST YAKIMA, WA 98901 18131433006 RYAN & RAQUEL C MYERS 3009 POWERHOUSE RD YAKIMA, WA 98902 18131434532 TIMOTHY J & DEBRA K GUERIN 703 N 28TH AVE YAKIMA, WA 98902 18131434496 VI 4 Pr ADILLA 18202 "''►+P ST NEY LAKE, WA H'1391,8612 18131434468 VONNE L ROGERS 717 N 28TH AVE YAKIMA, WA 989021777 18131434515 SALVADOR CERDA 706 N 28TH AVE YAKIMA, WA 98902 18131434494 VICTOR J & PATRICIA PADILLA 18202 95TH LOOP ST BONNEY LAKE, WA 983918512 18131433008 WILLIAM R LOWE JR 3005 POWERHOUSE RD YAKIMA, WA 98902 DOCT...w.. INDEX Parties of Record - DMF Investments - Powerhouse Villas - PD#001-15, PLP#002-15, SEPA#026-15 Bill Frodsham DMF Investments Inc 1819 S 4`h Ave Yakima, WA 98902 State of Washington DEPARTMENT OF ECOLOGY Gwen Clear 1250 W Alder St Union Gap, WA 98903 Name Debbie Cook Dana Kallevig Dan Riddle Mark Kunkler Jeff Cutter Archie Matthews Mark Soptich Chief Rizzi Joe Caruso Carolyn Belles Jerry Robertson Glenn Denman Rick Wehr PLSA Engineering & Surveying 1120 W Lincoln Ave Yakima, WA 98902 N t rabao °'akin c ssti Steve Roy 1830 Oak Dr Yakima, WA 98902 Steve rta clge as€snag In -House Distribution E-mail List Suzanne DeBusschere Dave Brown Mike Shane Randy Meloy Scott Schafer James Dean Division Engineering Wastewater WWWWWWWWWWWWWWWWWWWW Engineering __.......... Legal Dept Legal Dept ONDS Fire Dept Police Department Code Administration Code Administration Code Administration Code Administration Code Administration E-mail Address Debbie,cook , akmawa.ov_ dana.ka levies ii) akin la va. Water/Irrigation Engineering Wastewater Public Works Dept Utilities James Scott Kevin Futrell Joan Davenport For the Record/File Binder Copy Refuse Division Transit Division Planning Type of Notice: File Number: Date of Mailing: ov dan,richdlefrt akiriawa. 1 Ia1 k.kunkier( ya.kirnawa. ►civ e cunerg.yakimawa. ov archie.11lattbc %, yakinnawa.gov mark soptrlyc akirnilwl. gov Dom' irrc r zr r akimawa. )ov Joe,earuso yaklmawa.ko car°ol ti.l eller t) akimawa, Tov eal mrobea•tsrlirr�yakima aalov den al aklniwvt.ov Slrarne.debusschele al akia, gov dive. bl ov,�l7 cr)yak;in1awa. gov mike. shanevakimawa. gov rand .melo r akimawa. • ov scolt.scha Jar ies,de yakimawa.gavITITIT__ akilrawa. ov larnes,scc tt' rkimawa.gov kevin.futrell@yakimawa. gov oar ,daven Sort cry akiirrawa. gov Revised 12/2014 Iw® Maxey, Lisa From: Maxey, Lisa Sent: Thursday, October 15, 2015 11:19 AM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; lbarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark; Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV News; KIMA TV News - Crystal Bui; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu Decides - Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy; Gary Cullier; Kevin (kevin@house314.com); Pat Spurgin (pds@spurginlawoffice.com) Cc: Martin, Trevor Subject: NOTICE OF PUBLIC HEARING - DMF Investments - "Powerhouse Villas" - PD#001-15, PLP# 002-15, SEPA#026-15 Attachments: NOTICE OF PUBLIC HEARING - DMF Investments - Powerhouse Villas - PD.pdf Attached is a Notice of Public Hearing regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e-mail at trevor.martin@vakimawa.gov. Thank you! rtment A.ssusaan.t 11 576-6669 Liatmavyikikitmasov City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 1 DOC. INDEX A da ly part of your life yaklma-herald.com Ad Proof This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 10/13/15 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA Address: DEPT OF COMMERCIAL ECONOMICAL DEVELOPEME 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Account Rep: Phone # Email: Ad ID: Start: Stop: Simon Sizer (509) 577-7740 ssizer@yakimaherald.com 589446 10/15/15 10/15/15 Total Cost: $158.05 Lines: 84.0 # of Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald -Republic 10/15/15 DOC. cL CITY OF YAKIMA NOTICE OF PUBLIC HEARING DATE: October 15, 2015 TO: Applicant and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director & Planning Manager SUBJECT: Notice of Public Hearing for a Master Planned Development consisting of three (3) phases to subdivide approximately 12 acres into 43 multi -family residential lots in the Multi -Family (R-3) zoning district. LOCATION: 3201 Powerhouse Rd PARCEL NO.: 181314-33016 FILE NUMBER: PD#001-15; PLP#002-15; SEPA#026-15 PROJECT APPLICANT: Bill Frodsham / DMF Investments DATE OF APPLICATION: July 24, 2015 DATE OF DETERMINATION OF COMPLETENESS: August 13th, 2015 PROJECT DESCRIPTION: The City of Yakima Department of Community Development has received an applica- tion from Bill Frodsham / DMF Investments for a proposed Master Planned Development for Powerhouse Villas, which consists of three (3) phases to subdivide approximately 12 acres into 43 multi- family residential lots in the Multi -Family (R-3) zoning district. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING: The request requires that the City of Yakima Hearing Examiner hold an open record public hearing. The public hear- ing is scheduled to be held on Thursday, November 12, 2015 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 the matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hear- ing Examiner will issue a decision within ten (10) business days. NOTICE OF HEARING EXAMINER'S RECOMMENDATION: A copy of the Hearing Examiner's recommendation will be mailed to parties of record once it is rendered. Please send any written com- ments for the above described project to: Joan Davenport, AICP, Planning Manager, City of Yakima, Department of Community Development, 129 North Second Street, Yakima, WA 98901 Please be certain to reference the file number(s) or applicant's name in your correspondence. (PD #401-15 Powerhouse Villas) If you have questions regarding this proposal, please call Trevor Martin, Assistant Planner, at (509) 575-6162, or e-mail to Trevor. Martin @yakimawa.gov. (589446) October 15, 2015 INDEX -._ Courtesy of Yakima Herald -Republic Thursday, October 15, 2015 CITY OF YAKIMA NOTICE OF PUBLIC HEARING DATE: October 15, 2015 TO: Applicant and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director & Planning Manager SUBJECT: Notice of Public Hearing. for a Master Planned Development consisting of three (3) phases to subdivide approximately 12 acres into 43 multi -family residential lots in the Multi-FamillyR-3) zoning district. LOCATION: 3201 Powerhouse Rd PARCEL NO.: 181314-33016 FILE NUMBER: PD#001-15; PLP#002-15; SEPA#026-15 PROJECT APPLICANT: Bill Frodsham / DMF Investments DATE OF APPLICATION: July 24, 2015 DATE OF DETERMINATION OF COMPLETENESS: August 13th, 2015 EMP .QT_OQ$_QR11LIION; The City of Yakima Department of Community Development has received an applica- tion from Bill Frodsham / DMF Investments for a proposed Master Planned Development for Powerhouse Villas, which consists of three (3) phases to subdivide approximately 12 acres into 43 multi- family residential lots in the Multi -Family (R-3) zoning district. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. 129 North 2nd Street, Yakima, Washington. NQT10 Q HEARING: The request requires that the City of Yakima Hearing Examiner hold an open record public hearing. The public hear- ing is scheduled to be held on Thursday, November 12, 2015 beginning at 9:00 a.m., in the Council Charters,, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on the matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hear- ing Examiner will issue a decision within len (10) business days. NOTIQUEREARING5XAMINfaIRECOMMENDATIM A copy of the Hearing Examiner's recommendation will be mailed to parties of record once it is rendered. Please send any written com- ments for the above described project to: Joan Davenport, AICP, Planning Manager, City of Yakima, Department of Community Development, 129 North Second Street, Yakima, WA 98901 Please be certain to reference the fife nurnber(s) or applicant's name in your correspondence. (PD#001.15, Powerhouse Villas) if you have questions regarding this proposal, please call Trevor Martin, Assistant Planner, at (509) 575-6162, or e-mail to Trevor, Martin @yakimawa.gov. (589446) October 15, 2015 0 (. UNITY DE V.r. r;01'14L°NNr° r V PAR 7 i,nn „1„h9 AlhiPreb Nei hone" riiireen Floor I.' di I inn:A h ing n '1,1 I ask, F 'irin m�� IVm a "1,1'14'��ll= ° ,rm m� m''; 114oh. n fling CITY OF YAKIMA NOTICE OF PUBLIC HEARING DATE: October 15, 2015 TO: Applicant and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director & Planning Manager SUBJECT: Notice of Public Hearing for a Master Planned Development consisting of three (3) phases to subdivide approximately 12 acres into 43 multi -family residential lots in the Multi -Family (R-3) zoning district. LOCATION: 3201 Powerhouse Rd PARCEL NO.: 181314-33016 FILE NUMBER: PD#001-15; PLP#002-15; SEPA#026-15 PROJECT APPLICANT: Bill Frodsham / DMF Investments DATE OF APPLICATION: July 24, 2015 DATE OF DETERMINATION OF COMPLETENESS: August 13th, 2015 PROJECT DESCRIPTION The City of Yakima Department of Community Development has received an application from Bill Frodsham / DMF Investments for a proposed Master Planned Development for Powerhouse Villas, which consists of three (3) phases to subdivide approximately 12 acres into 43 multi -family residential lots in the Multi -Family (R-3) zoning district. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING The request requires that the City of Yakima Hearing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, November 12, 2015 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2"d Street, Yakima, WA. Any person desiring to express their views on the matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Hearing Examiner will issue a decision within ten (10) business days. NOTICE OF HEARING EXAMINER'S RECOMMENDATION A copy of the Hearing Examiner's recommendation will be mailed to parties of record once it is rendered. Please send any written comments for the above described project to: Joan Davenport, AICP, Planning Manager City of Yakima, Department of Community Development 129 North Second Street, Yakima, WA 98901 Please be certain to reference the file number(s) or applicant's name in your correspondence. (PD #001-15, Powerhouse Villas),a: W d�N"ffi,,C�i� FICEX If you have questions regarding this proposal, please call Trevor Martin, Assistant Planner, at (509) 575-6162, or e-mail to Trevor.Martin@yakimawa.gov. Other Permits Required: N/A „DOC. iNDE 7 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-15, PLP#002-15 & SEPA#026-15 DMF Investments - "Powerhouse Villas" 3201 Powerhouse Rd I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all parties of record, that are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 13th day of October, 2015. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II DOC. MN®EA Ahtanum Irrigation District Cascade Natural Gas Jim Robinson, Field Facilitator Chamber of Commerce 10 North 9th Street 10705-B Gilbert Road Yakima, WA 98903-9203 bethb@ahtanum.net 701 South 1st Ave Yakima, WA 98902 Jim.robinson@cngc.com Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separegister@ecy.wa.gov Yakima, WA 98901 chamber@yakima.org Department of Ecology Gwen Clear 1250 West Alder Street Union Gap, WA 98903 crosepacoordinator@ecy.wa.gov Department of Commerce Growth Management Services, P.O. Box 42525 Olympia, WA 98504-2525 reviewteam@commerce.wa.gov Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Eric.Bartrand@dfw.wa.gov Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 dahp.separeview@dahp.wa.gov Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenter@dnr.wa.gov Energy Facility Site Evaluation Council -EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 sposner@utc.wa.gov Department of Social & Health Services Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 Jeanne.rodriguez@dshs.wa.gov Engineering Division Dana Kallevig and Debbie Cook, City Engineer 129 N 2nd Street Yakima, WA 98901 dana.kallevig@yakimawa.gov debbie.cook@yakimawa.gov Nob Hill Water Association EYie-Rkeads, Engineering Technician t\W-- 6111 Tieton Drive Yakima, WA 98908 -efic@nobhillwater.org VNi UK, Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Martym2@orfh.org West Valley School District Angela Watts, Asst. Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsa@wvsd208.org U.S. Army Corps of Engineers, Regulatory Branch Deborah Knaub, Project Manager P.O. Box 3755 Seattle, WA 98124-3755 Deborah.J.Knaub@usace.army.mil WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetp@wsdot.gov Wastewater Division Marc Cawley or Jeremy Hoover 2220 East Viola Ave Yakima, WA 98901 marc.cawley@yakimawa.gov jeremy.hoover@yakimawa.gov WSDOT Rick Holmstrom, Development Services 2809 Rudkin Road Union Gap, WA 98903 holmstr@wsdot.wa.gov WSDOT, Aviation Division Carter Timmerman 7702 Terminal St SW Tumwater, WA 98501 timmerc@wsdot.wa.gov Yakama Bureau of Indian Affairs Steve Wangemann, Deputy Superintendent for Trust Services P.O. Box 632 Toppenish, WA 98948 Steve.wangemann@bia.gov Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert.peterson@yakimawa.gov Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clark@bia.gov Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jmarvin@yakama.com Yakima County Commissioners Commissioners.web@co.yakima.wa.us Yakima County Health District Ryan Ibach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 yhd@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lynn.Deitrick@co.yakima.wa.us or T 5 T Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern.redifer@co.yakima.wa.us Yakima Greenway Foundation Al Brown, Executive Director 111 South 18th Street Yakima, WA 98901 al@yakimagreenway.org Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supet 329 North 1st Street Yakima, WA 98901 hasan@yrcaa.org Yakima Valley Conference of Governments Shawn Conrad and Joseph Calhoun, Planner 311 North 4th Street, Ste# 202 Yakima, WA 98901 conrads@yvcog.org calhounj@yvcog.org Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 john@yakimavalleymuseum.org Yakima Waste Systems d Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 keithk@wasteconnections.com (' Century Link Manager 8 South 2nd Ave, Rm#304 Yakima, WA 98902 Department of Agriculture Kelly McLain P.O. Box 42560 Olympia, WA 98504 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 Charter Communications Kevin Chilcote 1005 North 16th Ave Yakima, WA 98902 N, Deprartment of Fish & Wildlife ivrarkZs 201 Nora t Ellensburg, WA Federal Aviation Administration, Seattle Airports District Office Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 City of Union Gap David Spurlock, Development Director P.O. Box 3008 Union Gap, WA 98903 Environmental Protection Agency NEPA Review Unit 1200 6th Ave. MS 623 Seattle, WA 98101 Governor's Office of Indian Affairs PO Box 40909 Olympia, WA 98504 United States Postal Service Jeff McKee 205 W Washington Ave Yakima, WA 98903 Yakama Bureau of Indian Affairs Superintendent P.O. Box 632 Toppenish, WA 98948 Soil Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Yakama Indian Nation Johnson Meninick, Cultural Resources Program P.O. Box 151 Toppenish, WA 98948 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 WA State Dept of Health, Office of Drinking Water Christine Collins 16201 E Indiana Ave, Ste# 1500 Spokane Valley, WA 99216 Yakama Indian Nation Ruth Jim, Yakima Tribal Council P.O. Box 151 Toppenish, WA 98948 Yakama Nation Environmental Management Program Kristina Proszek, Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 Yakima-Tieton Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 Yakima School District Elaine Beraza, Superintendent 104 North 4th Ave Yakima, WA 98902 Yakima Valley Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 10.0P— \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES_updatedte04715 - Form List.docx Type of Notice: File Number: i6HS, PLY If "r Date of Mailing: bisA5 ' It-Dap-IS C D Parties of Record - DMF Investments - Powerhouse Villas - PD#001-15, PLP#002-15, SEPA#026-15 Bill Frodsham DMF Investments Inc 1819 S 4th Ave Yakima, WA 98902 State of Washington DEPARTMENT OF ECOLOGY Gwen Clear 1250 W Alder St Union Gap, WA 98903 Rick Wehr PLSA Engineering & Surveying 1120 W Lincoln Ave Yakima, WA 98902 try hr c"is,atlw of i kh ta.eom Name Debbie Cook Dana Kallevig Dan Riddle Mark Kunkler Jeff Cutter Archie Matthews Mark Soptich Chief Rizzi Joe Caruso Carolyn Belles Jerry Robertson Glenn Denman Suzanne DeBusschere Dave Brown Mike Shane Randy Meloy Scott Schafer James Dean James Scott Kevin Futrell Joan Davenport Steve Roy 1830 Oak Dr Yakima, WA 98902 Steve .roy(eq ,com In -House Distribution E-mail List For the Record/File Binder Copy Division Engineering Wastewater Engineering Legal Dept Legal Dept ONDS E-mail Address Debbie cook ' akimawa. * ov dana.l.allev aK imaw v da.riddleyakimawa. �o v Mark.kunkler akimawa. • ov c$1 . ter(c rchie.matthe ),y Fire imawa. ov v Fire Dept 1111'1iDticll, a Police Department Code Administration Icie i crusta its ikur awia.ao_v Code Administration akimawa.g v Code Administration eii" .1°pldertsuakimawa.?' }v Code Administration Code Administration Water/Irrigation Engineering Wastewater l.randv melo Public Works Dept scott sscchateml Utilities f mcs.dcan( yal il7lavva. v Jamcs.scott; akimawa v kevin.f. itrel1 ddyakii� i zua aki ov rov enil.lenman °yakinty .... �... SNl anne..debusseherelrib aklniawamm)v dive rown yaki1nawa. ov�ITITIT n ikc sha.ne(4)yakin awa. oy ki aawvav ki.niawa. pv Refuse Division Transit Division Planning Type of Notice: File Number: Date of Mailing: l.daven 3oltvakilirawa. Dov Revised 12/2014 �) Of 1)4\3 0 I13 tf *-5011- tt -CS EX ,.p:' Maxey, Lisa From: Maxey, Lisa Sent: Tuesday, October 13, 2015 11:56 AM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark; Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife - Eric Bartrand; Department of Natural Resources; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - SEPA Review; Desgrosellier, Bob; Energy Facility Site Evaluation Council - Stephen Posner; Hoover, Jeremy; Nob Hill Water - Nick; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; US Army Corps of Engineers - Deborah J Knaub; West Valley School District - Angela Watts; WSDOT - Carter Timmerman; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakama-Klickitat Fisheries - John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Joseph Calhoun; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko Cc: Martin, Trevor Subject: NOTICE OF DNS - DMF Investments - "Powerhouse Villas" - PD#001-15, PLP#002-15 & SEPA#026-15 Attachments: NOTICE OF DNS - DMF Investments - Powerhouse Villas - PD, PLP, SEPA.pdf Attached is a Notice of Determination of Non -Significance (DNS) regarding the above -entitled project. If you have any questions regarding this notice, please contact assigned planner Trevor Martin at (509) 575-6162 or by email at trevor.martin@v. kiraaw . ov. Thank you! Iffy At Assistzu 1- (509) 576-6769 L isa,Mpj rgyh ima waa.g4y: City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 1 DOC. (INDEX COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 Ninth Second Street, 2nd Flo Yakima, hing(on 98901 I'hor,' (509) 57.5...6183 Fax (509) 575'..•6/05 ask planning(ayakiomvaroi;ov I"Pip://ufl,wov,v ligov/erviee%/,Canning/ Washington State Environmental Policy Act Determination of Nonsignificance City of Yakima, Washington October 13, 2015 Project Description: A Master Planned Development for "Powerhouse Villas" — a project consisting of three (3) phases to subdivide approximately 12 acres into 43 multi -family residential lots in the Multi - Family (R-3) zoning district. Proponent: DMF Investments — Bill Frodsham / Property Owner Location: 3201 Powerhouse Rd. Parcel Number(s): 181314-33016 Lead Agency: City of Yakima File Number: PD#001-15; PLP#002-15; SEPA#026-15 Determinations: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. D This DNS is issued after using the optional DNS process in WAC 197-11-355„ There is no further comment period on the DNS. Responsible Official: Joan Davenport Position / Title: SEPA Responsible Official Phone: (509) 575-6183 Address: 129 N 2nd Street, Yakima, WA 98901 Date: October 13, 2015 Signature ❑D You may appeal this determina "i n to: Joan Davenport, AICP, Director of Community Development, at 129 N 2nd Street, Yakima, WA 98901. No later than: By method: October 27, 2015 Complete 'appeal application form and payment of 0 ppeal fee. You should be prepared to make specific factual objections. You may contact Trevor Martin, Assistant Planner, at (509) 575-6162 or trevor.martin@yakimawa.gov if you have any questions regarding this matter. DOC. INDEX # 4-y le Administration (509) 575-6J26 " )9) 51:5"-.6 l» Development (S'( 9) 575-61 CITY OF YAKIMA LAND USE ACTION INSTALLATION CERTIFICATE File Number: Dz) 00/ /�- Applicant/Project Name: Site Address: Date of Posting: �M F 1N✓sf1,17113- / 20/ ,4 Z Location of Installation (Check One): Land Use Action Sign is installed per standards described in YMC §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 Planning Manager) may not be acceptable by the Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: The required comment period will begin when the Planning Division has received the Land Use Action 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 signed in a timely manner will cause a delay in the application review. 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. Applicant's Signature l.�//'llr.t t-� d "IC A IP A" Date 3a Applicant's Name (Please Print) Applicant's Telephone Number Please remit the above certification and deliver to the City of Yakima Planning Division via fax at (509) 575-6105; in person or by mail to: City of Yakima, Planning Division, 129 North 2" Street, Yakima, WA 98901. DOC. INDEX -3 Revision 002 06/17/2014 MINIMUM REQUIREMENTS FOR POSTING OF PRIVATE PROPERTY FOR LAND USE ACTION CITY OF YAKIMA COMMUNITY DEVELOPMENT, PLANNING DIVISION 129 NORTH 2ND STREET, YAKIMA, WA 98901 Main Phone: (509) 575-6183 — Call for assistance or more information. The Land Use Action posted signage shall be a sign to provide the public notification that a land use application has been submitted to the City for a proposed change to the property. The following information describes the details of the Land Use Action sign. Posting of at Least one sign and in some cases more than one sign on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The Planning Manager has established standards for size, color, layout, design, wording, placement, and timing of installation and removal of the sign(s) to provide clarification to YMC §15.11.090(C). I. GENERAL INFORMATION ❑ The Land Use Action sign shall be known in this section as the "sign" and as stated in YMC § 15.11.090(C) as the official sign for application for the following land use matters: o Class 3 Public Hearings; o Preliminary Long Subdivisions; o Rezones; o Right -of -Way Vacations; o Appeals; o Comprehensive Plan Amendments as indicated in YMC Ch.16.10; o Environmental Review, except for a categorically exempt application; and, o Annexation of property by the City. II. SIGN DESCRIPTION & CONTENT ❑ The City will have the appropriate information printed on a four (4) foot by four (4) foot board with the following specifications: o Letter Style: Helvetica or similar standard typeface. o Letter Size: • 4' /4 inch bold capital letters for the title: LAND USE ACTION PROPOSED FOR THIS SITE • 4' /4 inch bold capital letters for the footer: CONTACT THE CITY OF YAKIMA (PHONE NUMBER) o Letter Color: • Black letters for the title block and the footer; and, • City logo placed on each side of center of the sign. o Type of Land Use Action Designation: m The type of Land Use Action shall be placed in the center of the sign. o Sign Background shall be a highly visible yellow color. I. PLANNING PROCEDURE 03-15.11 Revision 002 June 2014 SIGNAGE INSTALLATION The applicant shall install the Land Use Action signs. These signs shall be located: o At the midpoint on the street frontage from which the site is addressed or as otherwise directed by the Planning staff; o At a location ten (10) feet back from the property line; o Signs structurally attached to an existing building shall be exempt from the setback requirement, provided that no sign is located further than ten (10) feet from the property line without written approval from Planning staff; o The top of the sign shall be positioned between five (5) to six (6) feet above grade; o The sign can be easily read from the adjacent street and/or sidewalk; and, o The sign is easily accessible, able to read, and can be seen from the property line. IV. INSTALLATION CERTIFICATE ❑ To certify that the Land Use Action sign has been installed, the applicant shall complete the Land Use Action Installation Certification with the applicant's signature and return it to the Planning Division in person or general mail or fax. o The Land Use Action Installation Certification will be placed into the application file record; o This date of the Land Use Action sign installation will be at least twenty (20) days before the public meeting. V. MAINTENANCE & REMOVAL ❑ The Land Use Action sign shall be maintained in good condition until the fmal decision on the application. ❑ The sign shall be removed after the fmal City decision is made on the application within fifteen (15) days of the decision or withdrawn or cancelled. DATE: FILE #:.. PROJECT NAME: OC. INDEX Revision 002 06/17/2014 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PD#001-15, PLP#002-15, SEPA#026-15 DMF Investments - "Powerhouse Villas" 3201 Powerhouse Rd I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Environmental Review. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies, and all property owners of record within a radius of 300 feet of subject property; that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 2nd day of Se tember 2015. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II 18131544411 FLAGSTAR BANK FSB 5151 CORPORATE DR TROY, MI 48098 18131433403 NEXT STEP HOUSING 124 CRESTMONT DR OAKLAND, CA 94619 18131433010 Q E PROP MGT GRP LLC 2911 POWERHOUSE RD TRLR C YAKIMA, WA 98902 18131434470 DARYL G & LINDA DUNCAN 1717 BROWNE AVE YAKIMA, WA 98902 18131434521 EFRAIN MEMA 709 N 28TH AVE YAKIMA, WA 98902 18131433407 EPIC PO BOX 9279 YAKIMA, WA 989099279 18131434469 OWEN FAMILY TRUST 715 N 28TH AVE YAKIMA, WA 989021777 18131433404 PEAR TREE PLACE LLC 124 CRESTMONT DR OAKLAND, CA 94619 18131432008 YAKIMA SCHOOL #7 104 N 4TH AVE YAKIMA, WA 989022636 18131431425 FARON G & SUSAN G COX PO BOX 942 YAKIMA, WA 98907 18131544432 JAMES W ROBUCK 2012 FRUITVALE BLVD YAKIMA, WA 98902 18131544412 JOSE ANTONIO PADILLA 410 S 10TH ST YAKIMA, WA 98901 18131434426 KENT L & KERI L BROWN 2708 JEROME AVE YAKIMA, WA 98902 18131544400 DAVID E. OZANNE PO BOX 2085 YAKIMA, WA 98907 18131434512 ENRIQUE & SHANTRELL SAMS VILLA 2806 SWAN AVE YAKIMA, WA 98902 18131434471 IRMA V ZARAGOZA 2711 SWAN AVE YAKIMA, WA 98902 18131544431 JIMMY R & REBECCA L VIOLETTE 3202 1/2 POWER HOUSE RD YAKIMA, WA 98902 18131431426 JOSE M & CECILIA CASTANEDA G 2920 COOK RD YAKIMA, WA 98908 18131434510 LISA SCOTT 712 N 28TH AVE YAKIMA, WA 98902 18131434516 MANUEL & LOURDES GUTIERREZ 8400 HAWTHORNE DR YAKIMA, WA 98908 18131433406 RICHARD ALDERSON 3007 POWERHOUSE RD YAKIMA, WA 98902 18131544408 OSCAR SERRANO 722 N 32ND AVE YAKIMA, WA 98902 18131431076 ROCKY & KALLY MARQUIS 710 LOCUST RD YAKIMA, WA 989019750 18131432028 YAKIMA SECURE STORAGE LLC 8265 TOLOSO RD ATASCADERO, CA 93422 18131431424 DENIELE A TELLES 1014 WOODLAND AVE YAKIMA, WA 98902 18131434511 EVELIA GONZALEZ 2802 SWAN AVE YAKIMA, WA 98902 18131433021 JAMES S ALDERSON 3201 POWERHOUSE RD YAKIMA, WA 989021543 18131434517 JOHN LEE YOUNG 702 N 28TH AVE YAKIMA, WA 98902 18131434509 JOYEL K RUSSELL 714 N 28TH AVE YAKIMA, WA 989021776 18131433011 LORETTA L KAUFMAN PO BOX 10527 YAKIMA, WA 989090527 18131434467 RAUL I CABANILLAS 719 N 28TH AVE YAKIMA, WA 98902 18131434501 ROSA E MORENO 701 N 28TH AVE YAKIMA, WA 989021717 18131434513 ROSA ELENA SANCHEZ 1612 W PRASCH AVE YAKIMA, WA 989025252 18131434508 ROSIE & LUIS J ILLA 215 S 41 YA 18131433405 STEVEN F & JENNIFER A ROY 1830 OAK DR SALEM, VA 24153 18131434496 VICTOR J & PAT 182/ 213'5, BOM! LAKE, 181314 4514 ROSAEL CHEZ_. 16 "RAS YAKIMA, WA 989025-- 18131433006 RYAN & RAQUEL C MYERS 3009 POWERHOUSE RD YAKIMA, WA 98902 PADILLA OP ST 3'48$3918512 18131434532 TIMOTHY J & DEBRA K GUERIN 703 N 28TH AVE YAKIMA, WA 98902 18131434468 VONNE L ROGERS 717 N 28TH AVE YAKIMA, WA 989021777 18131434507 ROSIE & LUIS J ESCAMILLA 215S41STST YAKIMA, WA 98901 18131434515 SALVADOR CERDA 706 N 28TH AVE YAKIMA, WA98902 18131434494 VICTOR J & PATRICIA PADILLA 18202 95TH LOOP ST BONNEY LAKE, WA 983918512 18131433008 WILLIAM R LOWE JR 3005 POWERHOUSE RD YAKIMA, WA 98902 X A -c_ oe pei9 v s604 IFP#LY9a-is SEM tw(0- Sen� q /6z/ DOC. 1 EX # Or,/ Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903-9203 bethb@ahtanum.net Cascade Natural Gas ' Jim Robinson, Field Facilitator 701 South 1st Ave Yakima, WA 98902 Jim.robinson@cngc.com Department of Commerce Growth Management Services, P.O. Box 42525 Olympia, WA 98504-2525 reviewteam@commerce.wa.gov Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Eric.Bartrand@dfw.wa.gov Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separegister@ecy.wa.gov Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 dahp.separeview@dahp.wa.gov Nob Hill Water Association Eric Rhoads, Engineering Technician 6111 Tieton Drive Yakima, WA 98908 eric@nobhillwater.org Wastewater Division Marc Cawley or Jeremy Hoover 2220 East Viola Ave Yakima, WA 98901 marc.cawley@yakimawa.gov jeremy.hoover@yakimawa.gov WSDOT Rick Holmstrom, Development Services 2809 Rudkin Road Union Gap, WA 98903 holmstr@wsdot.wa.gov Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clark@bia.gov Yakima County Commissioners Commissioners.web@co.yakima.wa.us Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenter@dnr.wa.gov Energy Facility Site Evaluation Council -EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 sposner@utc.wa.gov Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Martym2@orfh.org West Valley School District Angela Watts, Asst. Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsa@wvsd208.org WSDOT, Aviation Division Carter Timmerman 7702 Terminal St SW Tumwater, WA 98501 timmerc@wsdot.wa.gov Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern.redifer@co.yakima.wa.us Yakima Valley Conference of Governments Shawn Conrad and Joseph Calhoun, Planner 311 North 4th Street, Ste# 202 Yakima, WA 98901 conrads@yvcog.org calhounj@yvcog.org Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jmarvin@yakama.com Chamber of Commerce 10 North 9th Street Yakima, WA 98901 chamber@yakima.org Department of Ecology Gwen Clear 1250 West Alder Street Union Gap, WA 98903 crosepacoordinator@ecy.wa.gov Department of Social & Health Services Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 Jeanne.rodriguez@dshs.wa.gov Engineering Division Dana Kallevig and Debbie Cook, City Engineer 129 N 2nd Street Yakima, WA 98901 dana.kallevig@yakimawa.gov debbie.cook@yakimawa.gov U.S. Army Corps of Engineers, Regulatory Branch Deborah Knaub, Project Manager P.O. Box 3755 Seattle, WA 98124-3755 Deborah.l.Knaub@usace.army.mil WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetp@wsdot.gov Yakima County Health District Ryan Ibach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 yhd@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima Greenway Foundation Al Brown, Executive Director 111 South 18th Street Yakima, WA 98901 al@yakimagreenway.org Yakama Bureau of Indian Affairs Steve Wangemann, Deputy Superintendent for Trust Services P.O. Box 632 Toppenish, WA 98948 Steve.wangemann@bia.gov Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert.peterson@yakimawa.gov Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lynn.Deitrick@co.yakima.wa.us Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 hasan@yrcaa.org Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 john@yakimavalleymuseum.org Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 keithk@wasteconnections.com Century Link Manager 8 South 2nd Ave, Rm#304 Yakima, WA 98902 Department of Agriculture Kelly McLain P.O. Box 42560 Olympia, WA 98504 Charter Communications Kevin Chilcote 1005 North 16th Ave Yakima, WA 98902 City of Union Gap David Spurlock, Development Director P.O. Box 3008 Union Gap, WA 98903 Department of Fish & Wildlife Mark Teske 201 North Pearl Ellensburg, WA 98926 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 United States Postal Service Jeff McKee 205 W Washington Ave Yakima, WA 98903 Federal Aviation Administration, Seattle Airports District Office Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Environmental Protection Agency NEPA Review Unit 1200 6th Ave. MS 623 Seattle, WA 98101 Governor's Office of Indian Affairs PO Box 40909 Olympia, WA 98504 Soil Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Yakama Bureau of Indian Affairs Superintendent P.O. Box 632 Toppenish, WA 98948 Yakama Nation Environmental Management Program Kristina Proszek, Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resources Program P.O. Box 151 Toppenish, WA 98948 Yakima School District Elaine Beraza, Superintendent 104 North 4th Ave Yakima, WA 98902 Yakima-Tieton Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES _updated 08.04.15 - Form List.docx Type of Notice: File Number: Date of Mailing: Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 WA State Dept of Health, Office of Drinking Water Christine Collins 16201 E Indiana Ave, Ste# 1500 Spokane Valley, WA 99216 Yakama Indian Nation Ruth Jim, Yakima Tribal Council P.O. Box 151 Toppenish, WA 98948 Yakima Valley Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Name Debbie Cook Dana Kallevig Dan Riddle Mark Kunkler Jeff Cutter .._. u. Archie Matthews Mark Soptich Chief Rizzi Joe Caruso Carolyn Belles Jerry Robertson Glenn Denman n -House Distribution E-mail List Division Engineering Wastewater Engineering Legal Dept Legal Dept ONDS Suzanne DeBusschere Dave Brown Mike Shane Randy Meloy Scott Schafer James Dean James Scott Kevin Futrell Fire Dept Police Department E-mail Address ;ak ya r:: a rk Jeti:cr arr rrkrr.m:ar�ta Qy o y: Dov !,:Yaatr i.rm.m:.g y: y akir is a. ov narku2lli imawa,' Code Administration Code Administration Code Administration Code Administration ___ ......��.� Code Administration Water/Irrigation Engineering Wastewater Joan Davenport For the Record/File Binder Copy Public Works Dept Utilities Refuse Division Transit Division Planning Type of Notice: File Number(s): .y Date of Mailing: goy. na herr ,P r r, er p ya kimaw n ri rrrrr442Y, 11,1,0,YY„A, 11�arR. yagw y r�r�r�rro. '1,1( ya, 9 amps. a a..ggy. yrs rM n01 rag v: gip.. pan r ! yak im :rt yai :rta a . Revised 12/2014 DOC. iNDEX Maxey, Lisa From: Sent: To: Maxey, Lisa Wednesday, September 02, 2015 9:01 AM Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark; Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife - Eric Bartrand; Department of Natural Resources; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - SEPA Review; Desgrosellier, Bob; Energy Facility Site Evaluation Council - Stephen Posner; Hoover, Jeremy; Nob Hill Water - Eric Rhoads; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; US Army Corps of Engineers - Deborah J Knaub; West Valley School District - Angela Watts; WSDOT - Carter Timmerman; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakama-Klickitat Fisheries - John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Joseph Calhoun; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko Cc: Martin, Trevor Subject: NOTICE OF APPLICATION & SEPA - DMF Investments - "Powerhouse Villas" - PD#001-15, PLP#002-15, SEPA#026-15 Attachments: NOTICE OF APPLICATION & SEPA - DMF Investments - Powerhouse Villas - PD.pdf Attached is a Notice of Application and Environmental Review (SEPA) regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e-mail at trvor.mrtn@aimaw.gy. Thank you! Lis ey Department Assistant 11 (509) 576-6669 Lisa,lvfamayakironvapv City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 1 DOC. INDEX # ft b City of Yakima Planning Department 129 N 2nd St Yakima, WA 98901 Date of Notice of Application - 09/02/2015 Project Name: DMF INVESTMENTS - "POWERHOUSE VILLAS" �iN Location: 3201 POWERHOUSE RD #a�iAt!01-15 Proposal: Master Planned Development for Powerhouse Villas consisting of 3 phases to subdivide approximately 12 acres into 43 multi -family residential lots in the R-3 zoning district. PUBLIC NOTICE OF LAND USE REVIEW A land use application has been submitted near your property. This is your notice of that application. To view information on-line go to:lit p /P+ ;y-,klwrp . yJ r When prompted enter PD#001-15 in the Application ID text box. Click the Submit button to view the land use application information. More information is available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, WA 98901 or call (509) 575-6183. Trevor Martin/575-6162/Assistant Planner/trevor.martin@yakimawa.gov Decisions and future notices will be sent to anyone who submits comments on this application or requests additional notice. Comments may be submitted in writing to the address above or by email to: planning@ci.yakima.wa.us - Please include the Application ID in the email subject line. Also include your name and address in the email. Written or emailed comments must be received by 5:OOpm on 09/22/2015 This application may include multiple land use types, including compliance with the State Environmental Policy Act (SEPA). For specific information, please contact the Planning Division. Si necesita informaciOn en espahoi por favor Ilame al (509)575-6183. Application Submitted: 07/24/2015 Application Complete: 08/13/2015 City of Yakima Planning Department 129 N 2nd St Yakima, WA 98901 LAND USE PUBLIC NOTICE Location of Proposed Action DOC. INDEX C M TATTY DEVELOP. ENT DEPA TMENT Planning Division 129 Nor°tliSecond SITeel, 2nd Flo knnJVa hinglot 9 09) ,¶75-6Th3 .lux (09) .575-6J05 o °kp 'ng@yoki w o.gov • t,amwac,g('/sen' .s/planning/ NOTICE OF APPLICATION AND ENVIRONMENTAL REVIEW DATE: September 2, 2015 TO: Applicant and Adjoining Property Owners FROM: Joan Davenport, AICP Community Development Director & Planning Manager SUBJECT: Notice of Application and Environmental Review in the R-3 zoning district. FILE NO: PD#001-15; PLP#002-15; SEPA#026-15 PROJECT LOCATION: 3201 Powerhouse Rd. OWNER/APPLICANT: Bill Frodsham / DMF Investments PARCEL NO: 18131433016 DATE OF APPLICATION: July 24, 2015 DATE OF DETERMINATION OF APPLICATION COMPLETESS: August 13, 2015 NOTICE OF APPLICATION The City of Yakima Department of Community Development has received a Planned Development, Preliminary Long Plat, and State Environmental Policy Act Checklist (SEPA) applications from Bill Frodsham (DMF Investments Inc.). The subject property is located at 3201 Powerhouse Rd, Yakima, WA and is zoned Multi -Family Residential (R-3). The applicant is requesting zoning and environmental review for a Master Planned Development for Powerhouse Villas, which will consist of three phases subdividing approximately 12 acres into 43 multi -family residential lots in the R-3 zoning district. NOTICE OF ENVIRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) under WAC § 197-11-926 for the review of this project. The City of Yakima has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for 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 an EIS is prepared. A copy of the subsequent threshold determination may be obtained by request and may be appealed pursuant to YMC § 6.88.170. Request for Written Comments: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 20 -day comment period for this review. This may be your only opportunity to comment. All written comments received by September 22, 2015, will be considered prior to issuing the final SEPA DOC. determination on this application. IND -X Code 575-0 m arming (509) 575..618„:1 if Neighborhood & Developnumn erwrwces (509) 575.,610 Please send written comments to: Joan Davenport, AICP, Planning Manager City of Yakima, Department of Community Development 129 North Second Street, Yakima, WA 98901 Please reference the applicant's name or file number(s) in your correspondence. (PD#001- 15; PLP#002-15; SEPA#026-15, Powerhouse Villas.) Required Permits: None Required Studies: None Existing Environmental Documents: None Development Regulations For Project Mitigation and Consistency Include: the State Environmental Policy Act, the Yakima Urban Area Zoning Ordinance, YMC Title 12, Development Standards, and the Yakima Urban Area Comprehensive Plan. The file containing the complete application for this proposal is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any questions on this proposal please call Trevor Martin, Assistant Planner at (509) 575- 6162 or email at: trevor.martin@yakimawa.gov. Enclosed: Narratives, SEPA Checklist, Site Plan, and Vicinity Map 2 INITYIIs'V✓%.LOPIVIENT DEPARTMENT #g DimIsiah 'aar°th "i ` eh nw fi u.shin i„ton98901 IJarra(.509) 5 T,°dy” (50 9) 5 75-6 /0,5 a„sli„,p rti (i!?,? ,'1�inuaO W :4)110 / up.//#### h#%,,,,pa k lin m':a. go rw NOTICE OF COMPLETE APPLICATION To: Bill Frodsham Cc: Rick Wher Re: PD#001-15 / PLP#002-15 / SEPA#026-15 Site Address: 3201 Powerhouse Rd. Parcel: 181314-33016 Pursuant to Yakima Municipal Code Section 16.04.020, the above described application has been reviewed by the Yakima Department of Community Development to determine if all elements of a complete application have been submitted. Based on the submitted information, Application PD#001-15, PLP#002-15, and SEPA#026-15, for a Master Planned Development for Powerhouse Villas consisting of three (3) phases to subdivide approximately 12 acres into 43 multi -family residential lots in the Multi-Family(R-3) zoning district is hereby deemed complete. Continued processing of your application will include the following: 1. A Development Services Team meeting will be held with city departments to determine compliance of the project on August 25th at 2:OOp.m. on the second floor of City Hall, 2. A copy of your site/preliminary plat plan and other pertinent information will be mailed to the applicant/owner and all property owners within 300 feet of the subject property after the DST Meeting on August 25, 2015. 3. The applicant must post the property with any required City supplied signs at least 20 days prior to the decision being issued. This notice provides the public an opportunity to submit written comments on the proposal during a 20 -day comment period. The date for the SEPA Notice of Application will be determined after the DST Meeting on August 25, 2015. 4. A public hearing will be scheduled with the City of Yakima Planning Commission and City Council. Dates have yet to be determined. DETERMINATION OF COMPLETION made this 13th day of August, 2015. For the City of Yakima: Trevor Martin Assistant Planner Department of Community Development You may contact me at (509) 575-6162 or trevor.martin@yakimawa.gov if you have any questions regarding this matter. �C'awarrarmrr (fit 75-.618;? !4/ced bb° DOC. INDEX Serar (;507) .57.5-6t"0 Yakhrnai DMF INVESTMENTS — "POWERHOUSE VILLAS" PLS#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER I Public Comments ; ;, p f� I-1 r ,% ,,� r., � r / r/ /i////% l r i / a2 %r- ,%,, /i ii,,; %/ �c ��r ,,. ,. ,, ,, , , ,�,; , d ,,,,,::, ✓;!%i/!f/G,, ,,,r c _�//� /,,, /c � ��.%/i,� ,. E-mail Comments from Steve Roy 1, / ✓L� ! J/l/, 09/13/2015 I-2 Comment Letter from Gwen Clear, State of Washington Department of Ecology 09/21/2015 S IIf AN; llf llf: 0IWA ;11111 (1";"1.0 N 1) U w Alder STP (./niCM Gap, WA 9890.3-000 (509) 575-2490 September 17, 2015 Trevor Martin Community Development City of Yakima 129 North 2nd Street Yakima, WA 98901 Re: PD 001-15/PLP 002-15/SEPA 026-15 Dear Mr. Martin: Thank you for the opportunity to comment during the optional determination of nonsignificance process for the Master Planned Development for Powerhouse Villas, which will consist of 3 phases subdividing approx. 12 acres into 43 multi -family residential lots. This project is proposed by Bill Frodsham of DMF Investments. We have reviewed the documents and have the following comments. 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 and arsenic, and for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels Ecology recommends that potential buyers be notified of their occurrence. If you have any questions or would like to respond to these Toxics Clean-up comments, please contact Valerie Bound at (509) 454-7886 or email at valerie.bound(a eeyPwa,,gov. WATER QUALITY Project with Potential to Discharge Off -Site The 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 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 RECEIVED DOC. INDEX SEP 2 1 2015 CITY OF YAKIMA PLANNING DIV Maxey, Lisa From: Sent: To: Subject: City of Yakima Web [web@ci.yakima.wa.us] Sunday, September 13, 2015 5:19 PM Planning PostCard Comments on Land Use Application: PD#001-15 Comments on Land Use Application Comments on Land Use Application: PD#001-15 Name: Steve Roy Address: 1830 Oak Drive Email: steve, ro c e . com Subject: Comments on Land Use Application Comments on Land Use Application: PD#001-15 Message: Canal water lines run across this property to other nearby property including the 2 that I own, but also Richard Alderson and EPIC I want to know that a plan will be put in place to ensure these lines are moved to better serve other properties and not limit the water to others downstream 1 DMF INVESTMENTS — "POWERHOUSE VILLAS" P#001-15, PLP#002-15 & SEPA#026-15 EXHIBIT LIST CHAPTER J Supplemental Information Declaration of Protective and Restrictive Covenants for Powerhouse Villas 11/19/2015 WHEN RECORDED RETURN TO: FINNEY, FALK & REMY, PLLP Attn: F. Joe Falk, Jr. 117 NORTH 3RD STREET, STE. 201 YAKIMA, WA 98901 DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR POWERHOUSE VILLAS Grantor: DMF Investments, Inc. Grantee: DMF Investments, Inc. Abbr Legal Description: Lots 1, 2, 3 & 4 of SP 7879993 Assessor's Tax Parcel ID#: 181314-33421, 33422 & 33424 1. PARTIES: 1.1 DMF INVESTMENTS, INC., a Washington corporation, hereinafter "DFM" or the "Declarant". 2. RECITALS: 2.1 DMF owns the following described real property situated in Yakima County, Washington, to -wit: Lots 1, 2, 3 and 4 of Short Plat recorded under Auditor's File No. 7879993, records of Yakima County, Washington. (Assessor's Parcel Nos. 181314-33421, 33422 and 33424) 2.2 DMF intends to develop its above described real property into a residential subdivision incorporating amenities and based upon a common, homogenous and highly compatible architectural and landscaping theme to be known as "Powerhouse Page - 1 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. DX 7S- 1 Villas" and desires to impose certain protective and restrictive covenants on the ownership, development and maintenance of the lots within Powerhouse Villas consistent with the aforesaid purposes and for the benefit and protection of present and future owners. 3. PROTECTIVE AND RESTRICTIVE COVENANTS: DFM hereby declares that the above described real property shall be subject to the following Protective and Restrictive Covenants: 3.1 Homeowners' Association: The Declarant will cause to be formed a Washington non-profit corporation known as Powerhouse Villas Homeowners' Association (hereinafter the "Homeowners' Association" or the "Association"). The purpose of the Homeowners' Association shall be to serve as the instrumentality and association of lot owners within Powerhouse Villas to provide (or contract to provide) for common services and benefits contemplated by these covenants. In addition, the Homeowners' Association shall be responsible for implementing and enforcing these covenants. Each lot owner within Powerhouse Villas shall be a member of the Homeowners' Association and shall be provided copies of the Articles of Incorporation and Bylaws of the Association, including all amendments thereto. 3.2 Architectural Control: For the purpose of further ensuring the development of the property in Powerhouse Villas as a residential subdivision of high standards, Declarant reserves the right during the period of Declarant Control (as hereinafter defined) to control the buildings and other improvements placed on each residential site as follows: Page - 2 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 (a) Plan Approval Required: The owner of each lot, by acceptance of title thereto or by taking possession thereof, covenants and agrees that no residence, deck, wall, fence, lamp post, swimming pool, sport court, spa, hot tub, or other structure shall be placed upon any lot unless and until the plans and specifications and plot plan have been approved in writing by the Declarant. Only residential buildings and related attachments and improvements shall be approved. (b) Application for Approval: Application for approval of a residential building and other improvements shall be made to the Declarant. Each such residence, deck, wall, fence, lamp post, swimming pool, spa, hot tub, or other structure shall be placed on the premises only in accordance with the plans and specifications and plot plan so approved in writing. No alteration of the exterior appearance (including the color) of any residence or other structure shall be made without like written approval. (c) Submission of Plans: In connection with said approval, complete plans and specifications of any proposed residence, structure (including all concrete and masonry walls), and other exterior alterations, together with detailed plans showing the proposed location of the same on the particular building site, shall be submitted to the Declarant at least thirty (30) days before construction or alteration is started, and such construction or alteration shall not be started until written approval thereof is given by the Declarant. (d) Height Restriction: The maximum height of any residence or other structure shall be established by the Page - 3 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 Declarant as a part of the plan approval and shall be given in writing, together with the approval. A set of approved plans must be on the job site at all times. The term "structure" as used herein shall include any building, chimney, antenna or tower as may be approved by the Declarant. (e) Approval Criteria: The Declarant shall have the right to approve or disapprove any design, plan, or color for any proposed improvement, construction or alteration which is not suitable or desirable for any reason, aesthetic or otherwise, and in so passing upon such proposal, the Declarant shall have the right to take into consideration the suitability of the proposed residence or other improvement, including the materials of which it is to be built and the exterior color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the affect or impairment that the same will have on the view of surrounding residential sites, and any and all other factors affecting the desirability or suitability of such proposed structure, improvement or alteration. (f) Construction of Structures -Liens: (i) Completion of Construction: All residences and other structures and improvements must be completed within twelve (12) months from the date construction begins. The landscaping must be completed within eighteen (18) months from the date construction begins or six (6) months after the issuance of a certificate of occupancy for the residence by the City of Yakima, whichever occurs Page - 4 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 ocm first. The Declarant may grant a variance to these time requirements for good cause. (ii) Compliance: All construction work shall be performed and completed in a good and workmanlike manner, in strict compliance with all applicable building and other codes and regulations applicable thereto, and in such manner as not to unreasonably interfere with or obstruct access to or from Powerhouse Villas or any other lot within the subdivision. (iii) Liens: Each lot owner shall ensure that no labor, materialman, or other liens are filed against his/her lot, and if any such liens are filed, the owner shall ensure the prompt release thereof by payment or appropriate legal action. (g) Limitation on Liability of Declarant: The Declarant shall not be liable in damages to any owner or other person or entity submitting plans and specifications for approval under this Section 3.2 by reason of the exercise of discretion in the approval process, any defects in such plans and specifications as approved, any failure by the City of Yakima to approve such plans and specifications, any loss which may occur during the construction process, or any use which may be made of the building or other structure or improvement. 3.3 Fences - Desi•n, Repair, and Maintenance: (a) Demos n: All fences shall be of white vinyl construction and shall be erected in a good and workmanlike manner. Chain link fencing is prohibited except that the Declarant may install a perimeter chain link fence. No fence Page -- 5 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. may exceed six (6) feet in height unless approved by the Board of Directors of the Homeowners' Association (the "Board"). (b) Maintenance and Repair: Each lot owner shall maintain all fences on his/her property in condition and shall repaint or restain the maintain a good appearance. 3.4 Landscape Design, Repair, and Maintenance: (a) Design: All landscaping within shall be uniform and shall be subject to the design standards as promulgated from time to time by the Board. The term "landscaping" shall also include the installation of an underground irrigation water system in conformity with such design standards. Landscaping shall be completed within the time required by Section 3.2(f)(i) above. good repair and same as necessary to (b) Maintenance and Repair: Each lot irrigate and maintain all landscaping on his/her present a neat and trim appearance. Each responsible for maintaining and repairing irrigation water system for his/her lot. establish a specific irrigation time schedule owner shall lot so as to lot owner shall be the underground The Board may for lot owners to follow, and if it should do so, all owners shall abide by such schedule. (c) Restrictions on Trees and Shrubs: Should a tree or shrub become diseased or for any other reason should die or become sickly in appearance, it shall be removed as quickly as possible as such condition is diagnosed or becomes plainly evident. No tree or shrub shall be allowed to exceed fifteen (15) feet in height. If the tree or shrub should exceed such Page - 6 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 height, it shall be trimmed or removed, as the Board shall direct. 3.5 Snow Removal: The Homeowners' Association shall be responsible for street snow removal. Each lot owner shall be responsible for removing snow from the walkways and driveway on his/her lot. 3.6 Lighting - Standards and Maintenance: For the common benefit of homeowners within Powerhouse Villas and also for the purposes of providing aesthetic uniformity within the subdivision, the Board shall have the right to promulgate reasonable rules and regulations relating to certain minimum requirements for exterior lighting and yard lighting within the subdivision. These rules and regulations shall not only include the installation of certain minimum lighting requirements and the location and types of lighting, but shall also include appropriate types and amounts of lighting so as to achieve the uniformity contemplated by the Declarant for the community as envisioned by these covenants. 3.7 Residences - Maintenance and Repair: Each lot owner shall be responsible for maintaining and repairing his/her residence and other structures or improvements, including all attached and related improvements (as previously defined herein), in good repair and in a neat and clean condition so as to present an attractive and well maintained appearance. Any damage thereto by fire, weather, or any other cause shall be promptly repaired and restored to the same or better condition or appearance as existed before the damage occurred. Any other repair or restoration, including changing exterior paint or Page - 7 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 stain color, must first be approved by the Board pursuant to Section 3.2 above. The Board shall be responsible for monitoring compliance herewith, and if the Board determines that an owner is failing to comply herewith, it may take appropriate enforcement action pursuant to Section 5 below. 3.8 Electrical Lines: If a lot owner desires to install an outside electrical outlet or other exterior electrical connection, the connecting line shall be installed underground and shall be in strict compliance with all state, municipal and local electrical and other applicable codes. In addition, the prior written approval of the Board shall be required. 3.9 Roofs: All roofs shall be of architectural composition, tile, or other roofing materials which are approved by the Board. Non -architectural composition (e.g. asphalt or 3 - tabbed shingles), aluminum, cedar shake, flat gravel, and tarred roofs are prohibited. 3.10 Advertising and Signs: No signs or advertising materials of any kind shall be placed or posted upon any lot within Powerhouse Villas with the exception of a real estate "For Sale" or "Open House" sign not exceeding 2 feet by 3 feet in size. 3.11 Motor Vehicles: All motor vehicles shall be operated in accordance within the motor vehicle laws of the State of Washington. Except as hereinafter provided, no motor vehicle of any kind, other than a passenger vehicle which is primarily used for personal, non-commercial transportation, shall be operated within Powerhouse Villas, except for temporary loading and unloading and service purposes. The term "passenger vehicle" Page - 8 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 INDEX shall include vans, SUVs, motorcycles, and half -ton or three- quarter ton pickup trucks which are primarily used for personal or family transportation and not for commercial purposes; provided, however, that any such vehicle which bears the name or logo of the lot owner's employer or business shall be permitted even though it is used by him/her for commercial purposes in connection with his/her employment or business. Recreational and off-road vehicles such as boats and boat trailers, motorhomes, travel trailers, campers, golf carts, snowmobiles and snowmobile trailers, motorcycles, dune buggies, dirt or trail bikes, all -terrain vehicles, go-carts, and other vehicles commonly used for recreational purposes may not be operated within the subdivision, nor may they be parked or stored within the subdivision, except as provided in Section 3.12 below. Motorcycles may be operated for transportation purposes only and not for recreational purposes. 3.12 Parking of Vehicles: All passenger and recreational vehicles shall be parked in a garage or driveway. No vehicle shall be continuously parked on the street for more than twenty (24) hours. No major repairs to a vehicle shall be done within a driveway or street such as body, engine or transmission work. Visiting guests shall be permitted to park their vehicles, including a motorhome, within a lot owner's driveway for a period not to exceed five (5) days or for such longer period of time as approved by the Board. Recreational vehicles may not be parked or stored within the subdivision except as provided herein unless otherwise approved in advance by the Board. Page - 9 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. INDEX 3.13 Yard Sales: Yard sales are prohibited except that the owners may collectively hold a subdivision yard sale no more than one time per calendar year. 3.14 Animals and Pets: No animals may be kept within Powerhouse Villas except that cats, dogs, and small birds shall be allowed but only as house pets. Vicious dogs or dogs which bark frequently, indoors or outdoors, are prohibited. Dogs may be allowed outside of the residence but only if fenced in, on a leash, or otherwise controlled. The owners of all pets shall be responsible for maintaining a clean and sanitary condition both inside and outside the residence and so as to avoid all offensive odors related to their pets. Owners whose pets create a nuisance or disturb the peace and tranquility of Powerhouse Villas may be required by the Board to permanently remove their pets from the subdivision. All owners having pets shall indemnify and hold the Association harmless against any loss or liability arising out of the ownership or care of their pets. 3.15 Swimming Pools, Sport Courts, Hot Tubs, and Spas: Swimming pools, sport courts, outdoor hot tubs and outdoor spas are permitted provided that prior approval is received in writing from the Board. They shall be operated and used in a manner that does not disturb the peace and tranquility of the adjacent owners or the residents of Powerhouse Villas. Permanently installed above ground swimming pools are prohibited. However, seasonal above ground pools shall be permitted but only from May lst to September 30th of each year. 3.16 Outdoor Accessories: Outdoor accessories, including without limitation, gazebos, storage sheds, arbors, jungle gyms, Page - 10 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. � . DEX # 1 swing sets, treehouses, dog houses, dog runs, and cat quarters are prohibited unless prior approval is received in writing as to the construction and location thereof from the Board. Once approved, such outdoor accessories shall be constructed and maintained in a manner which is compatible with the architectural and landscaping theme of Powerhouse Villas. Clotheslines are prohibited. Basketball hoops or backboards are permitted provided that prior approval is received in writing from the Board. 3.17 Firewood: The storage of firewood outside a residence is permitted provided that prior approval is received in writing from the Board which may place reasonable restrictions upon such storage. 3.18 Antennas: No exterior television, radio, or telecommunication towers, antennas, or other transmission or receiving devices, including satellite dishes, shall be allowed, whether on a roof or any other exterior location within a lot; provided, however, that the Board may, in its sole discretion, approve the installation of any such device to facilitate the reception of television signals for the benefit of an individual residence or all residences within the subdivision upon the condition that such device can be screened from view in a manner which is consistent with the architectural scheme of the subdivision. Digital satellite service ("DSS") type satellite dishes (e.g. Dish Network or Direct TV), wireless cable television antennas, and conventional UHF antennas shall be permissible, subject to obtaining the Board's approval as provided herein. Page - 11 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. 3.19 Nuisances: No noxious or offensive activities, including outdoor burning, shall be carried on within Powerhouse Villas, nor shall any activity be carried on therein which may become an annoyance or nuisance to others. 3.20 Easement Areas: The plat of Powerhouse Villas includes utility, irrigation, and access easements. No lot owner shall make any use of that portion of his/her lot which is encumbered by such easements that would interfere with the proper use thereof or with maintaining and repairing the same or which would damage the same. If this restriction is violated, the Board may take appropriate enforcement action pursuant to Section 5 below. 3.21 Entrance Area: The Declarant may install a main entrance area to Powerhouse Villas. If the Declarant does so, the cost of maintaining the entrance area shall be an obligation of the Homeowners' Association. 3.22 Private Streets: The streets within Powerhouse Villas are private and not public streets. The streets, together with the entrance area, stormwater drainage system, and street lighting, shall be maintained and repaired by the Homeowners' Association. 3.23 Entrance Sign: The Declarant may install unique and distinctive signage at the entrance to Powerhouse Villas, at its expense. If the Declarant does so, the repair and maintenance of the signage, including any related lighting, shall be an obligation of the Homeowners' Association. 3.24 Asphalt Prohibited: Intentionally deleted. Page .. 12 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 3.25 Garbage Containers: Each property owner shall use a weekly commercial garbage collection service and shall place all garbage and other trash, including cut grass and other clippings, in appropriate garbage containers. Such containers shall be maintained out of sight except when placed outside on garbage collection days. 3.26 Home Business: A home business may not be conducted within a residence without the prior approval of the Board. If the Board elects to grant its approval thereof, it may impose such restrictions as it deems reasonable to ensure that the primary use of the applicant's residence for residential purposes remains unchanged, there is no exterior evidence that a business is being conducted in the residence (including the coming and going of patrons), and the business has no employees other than those living in the residence full time. 3.27 Tanks: No above -ground or underground tanks shall be allowed on any lot within Powerhouse Villas, except for a propane tank no larger than five (5) gallons for use with a barbecue. 3.28 Perimeter Fence: The Declarant may install a perimeter fence around Powerhouse Villas. If such fence is installed, the repair and maintenance of the fence shall be an obligation of the Homeowners' Association. 4. ASSESSMENTS: 4.1 Power to Levy Assessments: The Homeowners' Association shall have the power to levy assessments against the owners and their lots for the purposes hereinafter set forth and to enforce payment thereof as provided herein. Page - 13 tyv w FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. IN EX 4.2 Type of Assessments and Purposes: The assessments herein provided for shall consist of the following classes: (a) Capital Improvement Assessments: Capital improvement assessments are accumulated in trust over a stipulated period of time or may be levied only in a particular year or over an extended period of years and are to be used for the purpose of constructing, installing, replacing or improving the capital improvements for which the Association is responsible, as set forth herein, or for repaying any loan incurred to pay the cost thereof. (b) Annual Assessments: Annual assessments are imposed to pay the Association's annual operating costs, including the costs incurred by it for the maintenance and repair of the streets, well, water system, and all other facilities owned by the Association, and the cost of all services provided by the Association. Such assessments shall additionally include reasonable amounts as a reserve for obsolescence and depreciation. (c) Special Assessments: Special assessments are imposed upon an individual lot owner and his/her lot by reason of any enforcement action taken by the Association pursuant to Section 5 below. (d) Emergency Assessments: Emergency assessments are imposed when necessary by reason of a common disaster or other exigent necessity. 4.3 Rate of Assessment: All assessments herein provided for, except for special assessments, shall be assessed against all lots within Powerhouse Villas pro rata based upon the number Page - 14 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. D EX of residential units on each lot. The Homeowners' Association shall have the power to levy assessments against the owners and their lots for the purposes hereinafter set forth and to enforce payment thereof as provided herein. 4.4 Collection of Assessments: Unless otherwise provided herein, assessments may be collected on an annual or other periodic basis, as the Homeowners' Association shall determine. 4.5 Assessment Lien: In the event that any assessments, including special assessments, are not paid within thirty (30) days of being billed to the owner by the Homeowners' Association, they shall be secured by a lien against the lot of the defaulting owner and shall have added thereto a late payment charge at the rate of 1.0% per month from the date assessed until paid and also a monthly service charge of $10 if not paid within sixty (60) days of being assessed. If the Association records a notice of lien to make a public record thereof, the lien shall additionally include the attorney's fees incurred for the preparation of such notice and the cost to record the same in the Yakima County Auditor's office. The lien in favor of the Homeowners' Association securing said assessments shall constitute a first and prior lien except for prior recorded mortgages/deeds of trust and any lien for real estate taxes and assessments. 4.6 Initial Assessments Fund: Prior to the closing of the sale of the first lot, the Declarant shall establish and maintain an initial assessments fund to meet unforeseen common expenses of the kind as are described in Section 4.2(b) above. This fund shall be equa,,�wo (2) months of estimated common O Page - 15 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 OC. INDEX expenses for the subdivision. The Declarant may not use such fund to defray any of the Declarant's expenses, reserve contributions, or construction costs or to make up any association budget deficits during the period of Declarant Control (as hereinafter defined). Following the termination of Declarant Control, such fund shall be transferred to the Association. As lots are sold, each owner, upon closing, shall pay to the Declarant an amount equal to 1/43rd thereof as a reimbursement for the Declarant's initial contribution to the fund on behalf of that lot. Such payment shall not be considered as an advance payment by the owner of assessments assessed pursuant to Section 4.2 above, nor shall it be refundable to the owner when he/she resells the lot. 5. ENFORCEMENT: 5.1 Correction Notice: If any lot owner should violate the protective and restrictive covenants in Section 3 of this Declaration, the Board, upon finding a violation hereof, shall issue a correction notice, directed to the offending owner. The correction notice will contain: (a) A brief and concise description of the conditions found to be a violation hereof; (b) A statement of the action required to remedy the violation and the time within which such action must be completed; and (c) A statement advising (1) that any person having any record title or legal interest in the property may request a hearing on the correction notice before the Board of Directors, provided that the request Page - 16 in writing and filed with the FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 Board within ten (10) days of the date of the notice, and (2) that failure to request a hearing will constitute a waiver of all right to a hearing and determination of the matter. 5.2 Enforcement Remedies: If the lot owner fails to take the required correction action, the Board may, in its discretion, invoke one or more of the following remedies, subject, however, to Section 5.3 below: (a) Cause the necessary corrective action to be taken at Association expense, in which event the cost thereof shall be assessed against the lot owner which shall be a special assessment lien against his/her lot; and/or (b) Commence an action to enjoin the violation in the Yakima County Superior Court. 5.3 Hearing: Any person receiving a correction notice from the Board pursuant to Section 5.1 above shall have the right to request a hearing before the Board. Such request must be in writing and must be submitted to the Board no later than ten (10) days after the date of the violation notice and shall describe in detail the reason the owner believes that the notice was issued in error. Supporting drawings, photographs, and other documentary evidence may also be submitted. Upon receipt of such request, the Board shall promptly schedule a hearing thereon and notify the requesting owner of the date, time, and place of the hearing. The scheduled hearing date shall be within twenty (20) days of the receipt of such request. The Board will allow the requesting owner to present testimony and other evidence in support of his/her position and to be represented at the hearing by legal counsel. The Board will Page - 17 YiANm FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 render its decision in writing within twenty (20) days following the hearing and mail a copy thereof to the requesting owner. 5.4 Attorney's Fees, Costs, and Venue: In any action brought by the Homeowners' Association against any lot owner to enforce any covenant, condition, or restriction or any obligation herein contained, the prevailing party shall be entitled to recover his/her/its reasonable attorney's fees and litigation costs, including title report costs, in addition to other costs allowed by law, and the venue for such action shall lie in Yakima County, Washington. 6. SPECIAL DECLARANT RIGHTS: 6.1 Control of Association: The Declarant reserves the right to control the Association during the period of Declarant Control as defined in Section 6.2 below. During such period, the Declarant may appoint and remove the officers and members of the board of directors, who need not be unit owners, except as follows: (a) Not later than sixty (60) days after conveyance of 25% of the lots to owners, other than the Declarant, 25% of the members of the board of directors, but not less than one member, must be elected by the owners, other than the Declarant; and (b) Not less than sixty (60) days after conveyance of 50% of the lots to owners, other than the Declarant, not less than one-third (1/3rd) of the members of the board of directors must be elected by the owners, other than the Declarant. Page - 18 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 During the period of Declarant Control, the owners may not remove a member of the board of directors appointed by the Declarant, nor may the Declarant remove a member of the board of directors elected by the owners. The owners, other than the Declarant, by a two-thirds (2/3rds) vote, may remove any member of the board of directors elected by the owners. 6.2 Period of Declarant Control: The period of Declarant Control under Section 6.1 above shall be from the date hereof until the occurrence of the earlier of: (a) One hundred eighty (180) days after the date upon which one hundred percent (100%) of the lots within Powerhouse Villas have been sold by the Declarant; or (b) The date on which the Declarant records an amendment to this Declaration in which the Declarant voluntarily terminates the period of Declarant Control. 6.3 Professional Management: The Declarant reserves the right, during the period of Declarant Control, to enter into a professional management contract with a manager or management firm in behalf of the Association for the management of its records, maintenance, and other responsibilities and its other management responsibilities under this Declaration. Any such contract must be subject to termination without cause and without penalty by the Association's board of directors upon not more than ninety (90) days prior notice after the period of Declarant Control has ended pursuant to Section 6.2 above. 6.4 Termination of Declarant Control: Within sixty (60) days following the termination of the period of Declarant Control as set forth herein, the Declarant, if necessary, shall Page - 19 (t Y x p / M ' �a6G FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 OC. IN EX #-1 convey fee simple title, free and clear of monetary liens, to the common areas (defined as those areas that are for the common use and enjoyment of the owners, including streets, walkways and entrance area, if any). In addition, the Declarant shall deliver to the Association all property and records of the owners and of the Association held or controlled by the Declarant. 7. AMENDMENTS: This Declaration may be amended by the Declarant unilaterally prior to the sale of any parcel described in Recital 2.1 above. Thereafter, it may be amended with the approval of not less than 70% of the lot owners within Powerhouse Villas; provided, however, that no amendment adding to the responsibilities of the Homeowners' Association shall be effective unless consented to by 80% of the lot owners within the subdivision. 8. BINDING EFFECT: This Declaration of Protective and Restrictive Covenants shall be deemed appurtenant to and run with the above described real property and shall be binding upon and shall inure to the benefit of the owners thereof, including their family members, guests, invitees, lessees or tenants, and other occupants, and also including their heirs, personal representatives, successors, and assigns. Lessees or tenants shall be jointly and severally liable, together with the property owner, for all damages, costs, assessments, or fees that may be assessed Page - 20 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. INDX DMF INVESTMENTS, INC., a Washington corporation By: WILLIAM J. FRODSHAM President STATE OF WASHINGTON ss COUNTY OF YAKIMA On this day of , 2015, before me, the undersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared WILLIAM J. FRODSHAM, to me known to be the president of DMF INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Page - 21 NOTARY PUBLIC in and for the State of Washington, residing at Yakima. My appointment expires: 10/01/201 FINNEY, FALK & REMY, PLLP ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 YAKIMA, WA 98901 TELEPHONE (509) 453-5604 DOC. INDEX