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ECONOMIC DEVELOPMENT/PLANNING DEPARTMENT PO BOX 6108 ▪ 210 W. 6 TH AVENUE, KENNEWICK, WA 99336 PHONE: (509) 585-4558 FAX: (509) 585-4442 CITY OF KENNEWICK HEARING EXAMINER Jim Driscoll, Hearing Examiner AGENDA MONDAY, JULY 11, 2011 @6:00 PM KENNEWICK CITY HALL, COUNCIL CHAMBER 210 W. 6TH AVE, KENNEWICK, WA 99336 I. CALL TO ORDER II. PROCEDURAL INFORMATION III. PUBLIC HEARING A. A Substantial Development Permit for the replacement of up to 17 boathouses that were built in the 1950’ and 1960’s. The replacement will be with longer boathouses to match adjacent boathouses creating additional overwater coverage. Location; Southwest Clover Island, east of Clover Island Drive causeway, parcel #1-3190-300-0001-000. B. Alteration to the Orchard Crest #4 subdivision to combine portions of a 150 wide buffer, Tract A with lots 29, and 30 and lots 41 through 51, and combine Tract B with lot 28. Locations east of S. Garfield Street and south of W. 53rd Ave, parcel Tract A, 1-2489- 107-0001-000 and Tract B, 1-2489-107-0002-000. IV. ADJOURN ---PAGE BREAK--- EXHIBIT A-1 Page 1 of 5 Staff Report Date: June 30, 2011 Public Hearing Date and Location: July 11, 2011, Kennewick City Hall Report Prepared By: Wes Romine Development Services Manager Report Reviewed By: Gregory McCormick, AICP Planning Director Summary Recommendation: The City of Kennewick RECOMMENDS that Substantial Development Permit 11-01 be APPROVED with conditions. Summary of Proposal: A Substantial Development Permit for the replacement of up to 17 boathouses that were built in the 1950’s and 1960’s. The replacement will be with longer boathouses to match adjacent boathouses creating additional overwater coverage. Proposal Location: Southwest Clover Island, east of the Clover Island Drive causeway. Parcel Number 131903000001000 Legal Description: Beginning at the Southeast corner of lot 14, Plat of Clover Island, Thence S 84 degrees, 18’00” E a distance of 18.6 feet more or less, Thence S 5 degrees 42’00” W a distance of 23.4 feet more or less to the intersection with the Ordinary High Water Line of the McNary Pool and the TRUE POINT OF BEGINNING, Thence N 5 degrees 42’00” W a distance of 527 feet more or less to the Ordinary High Water Line of the McNary Pool. Thence Southeasterly along the OHWL of the McNary Pool for a distance of 400 feet more or less to the TRUE POINT OF BEGINNING. Property Owner: Port of Kennewick 350 Clover Island Drive, Suite 200 Kennewick, Washington 99336 Applicant: Clover Island Yacht Club 104 Clover Island Drive, Suite 101 Kennewick, WA 99336 ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER FILE NO: SDP 11-01/PLN-2011-00846 ---PAGE BREAK--- EXHIBIT A-1 Page 2 of 5 Approval Criteria: 1. Comprehensive Plan – Land Use 2. KMC Title 18 – Zoning 3. Washington State Environmental Policy Act SDP Key Application Processing Dates: Pre-Application/Feasibility Meeting N/A Application Submittal March 16, 2011 Determination of Completeness Issued March 16, 2011 Notice of Application Mailed March 30, 2011 Property Posting Sign March 16, 2011 City Department Review Meeting April 6, 2011 Notice of Substantial Development 1st Publication March 30, 2011 Notice of Substantial Development 2nd Publication April 7, 2011 SEPA Threshold Determination Issued June 16, 2011 Date of Published Notice of Public Hearing June 26, 2011 Date of Mailed Notice of Public Hearing June 23, 2011 SEPA Appeal Period Ends July 6, 2011 Public Hearing Date July 11, 2011 Exhibits: A-1 Staff Report A-2 Application A-3 Notice of Application/Mailing List A-4 Vicinity Map A-5 Boathouse Replacement Location Map A-6 Proposed Boathouse Construction Standards A-7 Boathouse Construction Location A-8 Joint Aquatic Resources Permit Application (JARPA) A-9 Clover Island Public Access Plan – Appendix A-6-2 A-10 Department of Ecology Comments dated 4/14/11 A-11 Department of Fish & Wildlife Comments 6/6/11 & 6/15/11 A-12 SEPA Determination Staff Analysis of Proposal & Discussion: The proposed Substantial Development Permit (SDP 11-01) is a request to replace up to 17 existing boathouses built in the 1950’s and 1960’s. The replacement boathouses will be larger to match adjacent boathouses and the Clover Island Yacht Club standard, which will create additional overwater coverage. The boathouses will be constructed on vacant Port of Kennewick property at the west end of Clover Island and lifted into the water and floated into place. The new boathouses will use fully encapsulated foam for floatation, no pile driving will be needed, and all new exterior lighting will be fully shielded. The Clover Island Yacht Club has been replacing boathouses since September of 2002 when the first Substantial Development Permit was issued for boathouse replacement. That permit expired and a second Substantial Development Permit was issued for the same work in May of 2008 which ---PAGE BREAK--- EXHIBIT A-1 Page 3 of 5 has also expired. Approval of the subject Substantial Development Permit is required to continue the boathouse replacement work. Shoreline Management (KMC 18.68): The proposed boathouse replacement project is within 200-feet of the ordinary high water mark and is subject to the City of Kennewick Shoreline Management code. Since the total cost of the proposed development exceeds $5,718 it meets the definition of “Substantial Development” and a Substantial Development Permit per KMC 18.68.230 is required. The area proposed for boathouse replacement is classified as “Aquatic” Environment (KMC 18.68.070(5)(iii)(A) since it is located waterward of the ordinary high water mark. Aquatic Environment permits water dependant uses and it is staff’s opinion that the proposed boathouse replacement is consistent with the Aquatic Environment management policies. Construction of the boathouses will take place on Clover Island on a vacant lot. The construction area is classified as “Clover Island High Intensity” Environment. It is staff’s opinion that the temporary construction site is also consistent with the Clover Island High Intensity management policies. Per KMC 18.68.070(5)(a)(ii)(B), “The size of new over-water structures shall be limited to the minimum necessary to support the structure’s intended use”. The Clover Island Yacht Club has requested an approximate 10% increase in average size of the boathouses. They are trying to improve the aesthetics of the boathouse area and by having all boathouses a more consistent size the overall appearance will be improved. Many of the boathouses to be replaced are the smaller boathouses that were built in the 1950’s and 1960’s. The increased size is also necessary to accommodate the larger boats that yacht club members now have as opposed to 40 or 50 years ago. The additional overwater coverage is relatively minimal and it is staff’s opinion there will be no significant impacts to the environment. The Washington State Department of Fish and Wildlife will require a Hydraulic Project Approval (HPA) prior to commencement of work to ensure no net loss of productive fish habitat. General Shoreline Master Program Provisions: Water-dependant uses are not listed as a use that requires a public access improvement as part of the project (KMC 18.68.110(e)(iii)(C). Public Access on Clover Island (Exhibit A-9) is a component of the Clover Island Master Plan and the vacant lot proposed for boat construction has future public access that will be put in place when that lot is developed. Temporary use of the lot for boathouse construction will not prohibit that segment of pathway to be completed with future development of the lot, and will not have an effect on existing public access. The maximum building height is 35 feet above the ordinary high water mark for Aquatic Environments unless a conditional use permit is processed. The proposed building height is 25 feet per the Clover Island Yacht Club standards (Exhibit A-6). KMC 18.68.110(e)(iii)(D) Shoreline Modifications: KMC 18.68.120(3)(b)(vi) “Floatation material must be encapsulated with a shell that prevents breakup or loss of floatation material, and cannot be located where it impedes fish passage”. “Replacement of existing covered boat facilities (boat garages, covered moorage) shall be composed of clear translucent materials that have a minimum 25% light transmittance in either the roof material or exposed wall; and”. “Night lighting must be oriented to minimize illumination of surrounding waters.” ---PAGE BREAK--- EXHIBIT A-1 Page 4 of 5 Shoreline Uses: KMC 18.68.130(2)(a)(ii), “The location, design and construction of new development in the shoreline areas shall be done in a way that protects the public’s health, safety, and welfare, as well as the land and it’s vegetation and wildlife, and protects property rights while implementing the policies of the Shoreline Management Act”. KMC 18.68.130(3)(a)(vii), “Boaters are prohibited from living in their vessels (live-aboard). Non-motorized floating homes shall not be permitted. Clover Island Master Plan: Although the boathouse area is shown on the Clover Island Master Plan the plan does not specifically address the boathouses, however the proposed boathouse replacement project is not in conflict with any of the Clover Island Master Plan provisions. Provisions for Public Health, Safety, and Welfare: Based on the above information it is Staff’s opinion that with approval of the Substantial Development Permit, appropriate provisions will be made for the Public Health, Safety, and Welfare. Comprehensive Plan: Staff is of the opinion that this request is consistent with and generally conforms to the City’s Comprehensive Plan, and it will implement, goals and policies of the Comprehensive Plan. Particularly the following: CRITICAL AREAS AND SHORELINE GOAL 3: “Regulate or mitigate activities in or adjacent to critical areas or the shoreline to avoid adverse environmental impacts.” STAFF COMMENT: The project, as conditioned complies with the City of Kennewick Shoreline Management ordinance. CRITICAL AREAS AND SHORELINE GOAL 4: “Encourage and support public access to the shoreline for recreational purposes.” STAFF COMMENT: The proposed project does not interfere with the Port of Kennewick’s plans for extending walking paths on the perimeter of Clover Island. The project will also support boating activity. CRITICAL AREAS AND SHORELINE POLICY 3: “Preserve and protect anadromous fish and threatened, endangered and candidate species as identified by federal and state agencies.” STAFF COMMENT: The proposed project has been reviewed by the Washington State Department of Fish and Wildlife and as conditioned a Hydraulic Project Approval (HPA) will be required prior to issuing building permits. COMMERCIAL GOAL 1: “Revitalize declining commercial areas.” STAFF COMMENT: The proposed project will replace boathouses in the Commercial Marina (CM) zoning district and contribute to revitalization of Clover Island. ---PAGE BREAK--- EXHIBIT A-1 Page 5 of 5 The City of Kennewick hereby RECOMMENDS that Substantial Development Permit 11-01 be APPROVED with the following conditions: 1. Comply with City of Kennewick regulatory controls, policies and codes, including Shoreline Management KMC 18.68. 2. The upland boat construction site shall not have an effect on existing Clover Island “Public Access”; the ability of the general public to reach, touch, and enjoy the water’s edge. 3. Maximum building height is 35-feet above the ordinary high water mark (KMC 18.68.110(e)(iii)(D). 4. Floatation material must be encapsulated with a shell that prevents breakup or loss of floatation material, and cannot be located where it impedes fish passage. 5. Replacement of existing boathouses shall be composed of clear translucent materials that have a minimum 25% light transmittance in either the roof material or exposed wall. 6. Night light must be oriented to minimize illumination of surrounding waters. Exterior lighting must also be shielded to comply with the City of Kennewick lighting ordinance. 7. Residential use of the boathouses is prohibited. 8. A Hydraulic Project Approval (HPA) must be obtained from the Washington State Department of Fish and Wildlife prior to issuance of building permits and commencement of any work. 9. Provide written approval from the Corps of Engineers prior to receiving a building permit. 10. Areas of the upland site used for construction that are disturbed must provide a means of dust control. 11. An NPDES Construction Stormwater General Permit is required from the Washington State Department of Ecology if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. It is the applicant’s responsibility to obtain required stormwater permits from the Department of Ecology. 12. Building permits must be applied for within two years as per the Shoreline Management Act. The entire project must be completed within five years of the date of approval. 13. Return property posting sign #092. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED] ---PAGE BREAK--- Please frll out and return to the Department of Community and Economic Kennewick, .WA 99336, along with the appropriate fee (a separate fee is amounts are listed in the instructions): C ITY OF KEIINEWICK COMMT]NITY AND ECONMIC DEVELOPMENT APPLICATION FORM PAIÐ LAND USE PERMIT FOR: ANTMALS (18.80.0e0) usE (1 8.80. 1 10) X OTI{E CHANGE-OF-ZONE (1 8. 86.020) PRE-ZONE (18.89.140) PLANNED DEVELOPMENT (1 8.8 1) REQUEST UTILITY EXTENSION FLOOD PRONE PERMTT (r8.93) AIRPORT HAZARD PERMIT 118.70.070) Clover Island Yacht Club -ao ìt -ü 084b NAME: ADDRESS: TELEPHONE: 104 Clover Island I)rive, Suite l0l Kennewick, WA 99336 (509) 586-9656, 'lVayne Shafer (509) 944-7431 ARE YOU THE: Owner tOther (Speciff) X tLessee/Renter Contract Purchaser TNAME, ADDRESS & PHONE NUMBER OF OWNER, IF OTHER THAN APPLICANT: Port of Kennewick, 350 Clover Island Drive, Suite 200 Kennewick, WA 99336, [PHONE REDACTED] LOCATION OF PROPERTY: South \ilestern Clover Island, south of Clover Island Drive, West of Coast Guard and East of Boat Launch. LEGAL DESCRIPTION: See attachment AREA OF PARCEL: 96.676 sQ. FT. OR 2.2 ACRES PRESENT USE OF PROPERTY: Occupied by boathouses DATE CONSTRUCTION BEGINS: M"y, 15th 2011 PRESENT ZONING: CM REQUESTED ACTION AND REASON(S): SMP Approval; For the replacement of old boathouses. IS THE PROPOSAL IN CONFORMANCE WITH TI{E COMPREIIENSIVE PLAN? X YES NO ,ED, DO HEREBY CERTIFY TTAT TO THE BEST OF MY KNOWLEDGE, THE S SIGNATURE SIGN êr, Commodore AUTHO REPRESENTATIVE I, THE UNDERSIG TC PORT OF KENNEWICK APPLICATION SITE PLAN EEE DATE RECEIVED TO BE COMPLETED BY TTIE CITY: EXHIBIT A-2 1 of 1 ---PAGE BREAK--- K NOTIFICATION OF MAILING Mailed copies of ror SÐP tlo I as shown on the attached list. EXHIBIT A-3 1 of 4 ---PAGE BREAK--- K NOTICE OF APPLICATION Map on Back Proposal: An application for a Substantial Development Permit has been submitted by Wayne Shafer of the Clover lsland Yacht Club (104 Clover lsland Drive, Suite 101, Kennewick, WA 99336) for the replacement of a number of the existing boathouses built in the 1950's and 1960's. The site is located between Clover lsland and the levee to the south, and east of the Clover lsland Drive causeway. The site is currently zoned Commercial Marina District (CM), and the Comprehensive Plan designation is Commercial. The file number is SDP 1141. Open Record Hearing: The City of Kennewick Hearing Examiner will conduct an open record hearing at 6:00 p.m. on July 1l,20ll in the Council Chambers in Kennewick City Hall at210 W.6'Avenue, Kennewick, WA 99336. Testimony will be taken at this meeting. The Hearing Examiner is expected to make a decision following this meeting. Public Gomment Period: You may submit comments at any time until June 28,2011, before 4:30 p.m. Comments submitted on or before June 28,2011 will be included in the Hearing Examine/s meeting packet. lt you have questions on the proposal, contact Wes Romine, Development Services Manager at (509) 5854558 or via e-mail at [EMAIL REDACTED]. Environmental Documents and/or Studies Applicable to this Study: Environmental Determination No. 11-11. A Determination of Non-Significance was issued for this project on June 16,2011. The time for appealing SEPA issues is twenty-one (21) days from the issue date. Contact Gregory McCormick, City of Kennewick Planning Director, to request procedures for SEPA appeals. Determination of Gompleteness: The application was declared complete on March 16,2011 for the purpose of processing. Project Permits Associated with this Proposal: None Preliminary Determination of Regulations Used for Project Mitigation: Title 18 (Zoning), Title 17 (Subdivision) of the Kennewick Municipal Code and the land use policies contained in the Kennewick Comprehensive Plan. Estimated Date of Decision: Within 10 calendar days of the Hearing date, July 11,2011. To Receive Notification of the Decision and/or the Environmental Determination: Contact the Development Services Division aI210 W. 6th Avenue, Kennewick, WA 99336 or via telephone at (5Og) 5S54280. Appeal: Any person aggrieved by the decision of the Kennewick Hearing Examiner on this proposal may appeal to the Superior Court of Benton County within twenty-one (21) days of the date of decision. Wes Romine, Development Services Manager The City of Kennew¡ck welcomes full participation in public meetings by all citizens and does not discrim¡nate on the basis of disability, pursuant to the requirements of the American with D¡sabilit¡es Act of 1990, pub. L l0'l -336. No qualif¡ed ind¡vidual with a disability shall be excluded or denied the benef¡t of participat¡ng in such meetings. lf you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the City of Kennewick, Wes Romine, Development Services Department at (509) 585-4558 or TDD (509) 585-4425 or through the Washington Relay Service Center TTY al #711 at least ten days prior to the date of the meeting to make arrangements for special needs 210 W . Sixth Avenue / PO Box 6108. Kennewick WA 99336 EXHIBIT A-3 2 of 4 ---PAGE BREAK--- Étiquettes laser/jet d'encle t tillsez legnbarit 51@ 37 US CORPS OF ENGINEERS DAVID J MORBACH 201 N 3RD AVE WALLA WALLA, WA 99362 37 SHERRIE BOWERS BC CLEAN AIR AGENCY 526 S CLODFELTER RD KENNEWICK, WA 99336 37 DAVE MITCHAN CEDARS PIER I 355 CLOVER ISLAND DR KENNEWICK, WA 99336 37 DOUG GOULD COMMODORE CLOVER ISLAND YACHT CLUB PO BOX 6207 KENNEWICK, WA 99336 37 JEFF VAN PELT CULTURAL RESOURCES PROTECTION PROGRAM CTUIR PO BOX 638 PENDELTON, OR 97801 37 TIM DALTON H ISTORIC DOWNTOWN KENNEWICK PARTNERSHIP PO BOX 6552 KENNEWICK, WA 99336 37 DR. ROB WHITLAM ARCHAELOGY & HISTORIC PRES STATE ARCHAEOLOGIST PO BOX 48343 OLYMPIA, WA 98504 37 SEPA UNIT WA STATE DEPT OF ECOLOGY PO BOX 47703 oLYMPIA, WA 98504-7703 37 BOB TUCK YAKAMA INDIAN NATION PO BOX 151 TOPPENISH, WA 98948 37 CONFEDERATED TRIBES OF THE UMATILLA RES CAREY MILLER PO BOX 638 PENDLETON. OR 97801 I - www.avery.com 1{X}€ûAì,ERY 37 TIM FREDERICKSON, GEN MGR BEN FRANKLIN TRANSIT lOOO COLUMBIA PARK TRAIL SE RICHLAND, WA 99352 37 RICK SUNFORD, FIELD ENG. BENTON COUNTY PUD PO BOX 6270 KENNEWICK, WA 99336 37 PORÏ OF KENNEWICK LARRY PETERSON 350 CLOVER ISLAND DR STE 2OO KENNEWICK, WA 99336 37 MIKE LILGA COLUMBIA BASIN AUDUBON SOCIETY 317 FULLER ST. RICHLAND, WA 99352 37 JED VOLKMAN HABITAT BIOLOGIST CTUIR PO BOX 638 PENDELTON, OR 97801 37 TOM MOAK MID-COLUMBIA MAIN PUBLIC LIBRARY 1620 S. UNION KENNEWICK, WA 99338 37 US COAST GUARD 434 CLOVER ISLAND DR. KENNEWICK, WA 99336 37 CATHY REED SHORELANDS PROGRAM WA STATE DEPT OF ECOLOGY 15 W. YAKIMA AVE., STE. 2OO YAKIMA, WA 98902 37 CITY OF RICHLAND PLANNING DEPT/RICK SIMON PO BOX 190 RICHLAND. WA 99352 37 DEPT OF ECOLOGY CRITICAL AREAS COORD INATOR PO BOX 47600 OLYMPIA. WA 98507 6 o*l{y@ 48460r' 37 SUSAN WALKER, PLANNING ASSOCIATE PLANNING BENTON COUNTY PO BOX 910 PROSSER, WA 99350 37 MARK KUSHNER BENTON FRANKLIN COUNCIL OF GOV'TS POBOX217 RICHLAND, WA 99350 37 PARTNERS CLOVER ISLAND INN 435 CLOVER ISLAND DR KENNEWICK, WA 99336 37 ADELINE FEDIN H ISTORY/ARCHAEOLOGY DEPT CTUIR PO BOX 150 NESPELEM, WA 99155 37 CAREY MILLER CULTURAL RESOURCES PROTECTION PROGRAM CTUIR PO BOX 638 PENDLETON, OR 97801 37 MID-COLUMBIA LIBRARY KEEWAYDIN BRANCH 405 S. DAYTON ST. KENNEWICK, WA 99336 37 ERIC BARTRANT WA DEPT OF FISH & WILDLIFE 1701 S. 24rH AVE. YAKIMA, WA 98902 37 JOHNSON MENINICK CULTURAT RESOURCES PROGRAM YAKAMA INDIAN NATION PO BOX 15't TOPPENISH, WA 98948 37 COLUMBIA BASIN AUDUBON SOC PO BOX 1900 RICHLAND, WA 99352 37 DNR-RESOURCE PLANNING MGMT 222N HAVANA ROOM 108 SPOKANE, WA 99202 s09tS l¿lndurulJ" stuenY as¡¡ siaãm ìÐf H¡ 4qt 1Êì6r=:l ,f,uJ^v-oÐ-008"t ¡¿qea"fuane'+nçR¡n æ .=g:wFl r¿*S9ÞE;e @AU=lr\W EXHIBIT A-3 3 of 4 ---PAGE BREAK--- Étiquætes laser/jet d'encr€ t tillsez le gabarit 5t6O@ 37 KENNEWICK IRRIGATION DIST PO BOX 6900 KENNEWICK, WA 99336 37 WA DEPT OF FISH & WILDLIFE 2620 N COMMERCIAL PASCO, WA 99301 37 NOAA/NMFS HABITAT CONSERVATION 304 S WALTER ST STE 201 ELLENSBURG, WA 98926 37 WA DEPT OF TRANSPORTATION 2809 RUDKIN RD UNION GAP. WA 98909 @ o*Ry@ ¡18460r' 37 CULTURAL RESOURCES PROTECTION PROGRAM/DNR PO BOX 638 PENDLETON, OR 97801 37 NW POWER & CONSERVATION COUNCIL N 501 RIVERPOINT BLVD STE 425 SPOKANE, WA 99202 s09 tS SIUldhl3I 6r{ranY as¡¡ sreaffi xaF qF-ãqÉ-!ÊsÞ" I - vn ur,ìr.avery.com 1€OO€OTAVERY .Àu3/w-oÐ{0&t ueyfuaae'mnasr æ IEææ n¿oeffile@^UEff[þ EXHIBIT A-3 4 of 4 ---PAGE BREAK--- 300 ft 1 : 4200 1in : 350ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\wesr 16:31 3/30/2011 Vicinity Map EXHIBIT A-4 1 of 1 Project Area SDP 11-01 ---PAGE BREAK--- CLOVER TSLA]VD YACHT CLUB CVIRWATIR COVIRAGI Lo = 100' I N d.tg I I I NEV PIRT I MIXED USE BUILDING I YACHT CLUB/DFFICE SPACE I Eæ Lll-lvL_ Boatholrses Repluced sír¿ee 2008 Addítíor¿aL }uertaater Couerug e to be RepLaced B oatho'u,ses 'þ4-+&anII\iILIñ W EXHIBIT A-5 1 of 1 ---PAGE BREAK--- Boat EIouse Clover Island Yacht Ciu-b No Scale BUTLÐINGS BO.4.T HOUSES VARY IN LENGTE{ WTT'H WTÐT'IIS UP TO 24 YT' LENGTI{S VAI{Y FRÛM 25 Fq" TO é5 fl[. - EAIrE FRÛM 1.0 TT I-6 F'T. MA}GMIIM E{T. A,BTYE WÂTER ÅFPR.ûruMATETJY 25 W" *æ<*æ FT-TTAT'TÛN: STYR.ÛF'Û.4,M TR ÛTEffiR AI}FR.ÛVEÐ Mê'TERTAL ST'UÐS & R.àFTERS: nÆTÄL OR. ItrOÛÐ & R.TOF' S}IEETING: METÁ,L OR. OTXffi.R AFPRÛV&Ð IVI,4TERTAL WTNÐÛWS: GLASS ÛR PLAST'IC ÐESIGÌ.{ TO ACCTMOÐATE BOATS T.]P TO HruTE{ tsEAM TO 1.8' EXHIBIT A-6 1 of 1 ---PAGE BREAK--- 'ßrqt¡lousc Äc c4Ïlo u CìrvSiÊ vclto nt Y ACHT CLUB MIXED UsE BUILDIN6 EXHIBIT A-7 1 of 3 ---PAGE BREAK--- CLOVER ISLAND LAND USE AGREEMENT BOATHOUSE CONSTRUCTION AND DEMOLITION AND REMOVAL THIS CLOVER ISLAND LAND USAGE AGREEMENT is entered into this day of December, 2oro between the Port of Kennewick, washington a municipal corporation; and J.R. Carr/Carson Ag LLC, Invitee. WHEREAS, the Mr. Carr desires to utilize a currently undeveioped portion of Clover Island for the refurbishing of an existing boathouse tó be tempoiariþ removed then replace within the Port of Kennewick's clover Island Marina, andl the Port of Kennewick supports efforts to enhance both the island and the boat basin area, ald; WHEREAS, Mr. Carr has executed a indemnity/hold harmless agreement with the Port of Kennewick for this activity, and; NOW' TIIEREFTORD' in consideration of the mutua-l benefits this project will have the parties agree to the following: #1 Site shall consist of approximately 2,4OO square feet (40+ft x 6O+ft) and be located on the south hatf of Lots 16 and 17 Plat of Clover Island,, (Exhibit #1 aitached); #2 Site shall be used soley by the Invitee and his associates for the refurbishing of an existing boathouse to be removed, repair and then replace within the Pori of Kennewick's Clover Island Marina; #3 Mr. Carr shall assure that all necessaq¡ permits are obtained. prior to commencing construction on this site; #4 Mr' Carr shall assure the site is maintained in a professional and clean state a¡rd shall utilize Best Management Practices during the entire construction and demolition process, The surface of the entire site utilized for construction purposes shall be covered with tarp(s) f8 mills orgreater)and upon completion the be rolled inward to contain any materials which collected on the site and shall be disposed off-site. Mr. Carr shall insure the site is inspected. daily and cleaning of the site shall occur daily to assure construction and/or demolition debris ão not accumulate on-site or pose the potential to clutter or spread off-site; #5 Mr. Ca¡r shall assure that all debris from the construction and demolition project as disposed of properly and shall not utilize Port provided dumpsters or dumpster provided by contractors working under the dirèction of the Port of Kennewick; #6 Mr. Carr shall assure the project does not interfere wittr or impede adjacent Port of Kennewick authorized construction projects; #7 Mr. Carr shall diligently pursue construction, demoiition and site cleaning and acknowledges delays have the potential to negatively impact the public perceptiãn of EXHIBIT A-7 2 of 3 ---PAGE BREAK--- Clover Island, Mr. Ca¡r shall immedíately noti$r the Port if delays beyond his control are anticipated [i.e. active military service, etc]; #8 Commencement of site use shall be the day material, equipment and/or fencing is delivered to the site and site usage shall continue until the site is cleaned to the satisfaction of the Port or the date when the Port elects to apply the cleaning deposit monies to clean the site: #9 Mr, Carr shall pay a site usage fee which includes the right to connect and utilize electricity available on an electrical pedestal on the south side of Clover Island Drive as follows; Day 1-30: $50.00 in advance [not prorated] Day 31-60: $5.00 per day [due at project compietion] Day 61-90: $10.00 per day [due at project completion] #10 Mr. Carr shall provide a deposit of $500.00 in advance of commencement to guarantee that materials and debris from the site shall not clutter, collect or accumulate on-site or off-site and the site is cleaned, to a state as determined by the Port, equal to or better than prior to start of construction, Deposit monies shall be utilízed at the Port's discretion to address issues such as clutter, garbage and blowing debris and/or materials. The Port will not provide warnings to Mr. Carr prior to directing clean-up activities. Mr. Carr shall noti$r t].e Port in writing when the project including clean up has been completed. Following this notice the Port shall inspect the site and determine if the site-has been restored to the pre-construction condition. Any portion of the deposit remaining shall be returned to Mr. Carr within 3O-days of the notice of completion, #11 Mr. Carr acknowledges and agrees that site usage beyond 9o-days is not approved by the Port and if the construction/demolition/removal is not completed within 9O-days of commencement the Port may elect to remove andlor demolish the structure[s] and bill Mr. Carr for any costs incurred; PORT OF KENNEWICK Approved by: Tim Arntzen, Date Executive Director IIf\NlEE J.R. Carr/Carson Ag LLC, Date 561 Commercial Drive Pasco, WA 99301 Phone: Cell 509-9 47 -8065 Email: ir(Daqri-pack. com EXHIBIT A-7 3 of 3 ---PAGE BREAK--- AGENCY USE ONLY Agency Reference Circulated by: Date Received: (local govt. or agency) JOINT AQUATIC RESOURCES PERMtT FORM (JARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INK n Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this completed JARPA application form and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS - You must submit any comments on these projects to WDFW within 15 working dayr Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) X Local Government for shoreline: Xn Substantial Development E Conditional Use ! Variance ! Exemption E Revision I Floodplain Management ! Critical Areas Ordinance X Washington Department of Fish and Wildlife for HPA (Submit 3 copies to WDFW Region) X Washington Department of Ecology for 401 Water Quality Certification (to Regional Office-Federal Permit Unit) ! Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification X Corps of Engineers for: f] Section 404 a Section l0 permit n Coast Guard for General Bridge Act Permit tr For Department of Transportation projects only: This projec-t will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality lmplementing Agreement SECTION A - Use îor all permiús coveted by this application. Be sure fo ALSO complete Secfion C (signature Block) Íor all permit applications. I ATTLIUANI urover rsranq racm uruo tuonlacts: wayne Snater - 5uv-u44-t431 MAILING ADDRESS '104 Clover lsland Drive, Suite 101 Kennewick, WA 99336 WORK PHONE [PHONE REDACTED] E-lìrAlL ADDRESS whælhouse(Ociyc us HOME PHONE 'f an agent is act¡ng for the applicant during the permit process, complete Be sure agent signs Secfion C (Signature Block) for all permit ryplications NOT APPLICABLE MAILING ADDRESS WORKPHONE E-MAILADDRESS HOME PHONE N/A I RELATIONSHIP OFAPPLICANTTO PROPERTY: O\^/NER E PURCHASER XE LESSEE tr OTHER: t NAME, ADDRESS, AND PHONE NUMBER OF PROPERW OWNER(S), IF OÍHER THAN APPLICANT: 'ort of Kennil¡ck. 35O Clorer lsland Drive, Kennewick WA 99336 509-58ê1186 WATERBODY YOU ARE WORKING IN _ Columbia R¡vtr IS THIS WATERBODY ON THE 3O3(d) LIST? YES E NO E] rF yEs, wHAT Temp. sediment bioassav. total dissolved gasses. httn://wr¡lv.ecy.wa.gov/programs/wq/links/impaired_wtrs.html \ryEBsrrEFoRJ03d LIST TRIBUTARY OF ^/RrA # t1 ¿ SECTION tw SECT ON l1 TOì¡JNSHIP ¡N RANGE ,OE GOVERNMENT LOT JHORELINE DESIGNATION Jrban ¡{TIIUDE & LONGITUDE: \¡¿16'12'95" ¡ví19"06'g', .ONING DESIGNATION lommercial Marina )NR STREAM TYPE. IF KNOWN DESCRIBE THE CURRENT USE OF THE PROPERTY, AND STRUCTURES EXISTING ON THE PROPERTY HAVE YOU COMPLETED ANY PORTION OF THE PROPOSED ACTIVITY ON THIS tr YES ! NO FOR ANY PORTION OF THE PROPOSED ACTIVITY ALREADY COMPLETED ON THIS PROPERTY. INDICATÊ MONTH AND YEAR OF COMPLETION. is pr6endy 70 boathouses and 30 coveßd mooråge sl¡ps. Thê Club's membeB wish to replace old boathouses that h€rè built ¡n the 1960's with new boathousæ lhåt will b6 more with encapsulated floatrtion and building matsials, etc, The boathoGes will be built on Poñ of Kmnewick land and lifted into the water by cråne. Ïhe bu¡ld¡ng will ¡n aècordånce with City of Kennewick bullding codes and other plenning comm¡ssion ordinances. (Sæ Shorcl¡ne Pem¡t) cont¡nued on next EXHIBIT A-8 1 of 4 ---PAGE BREAK--- ISTHEPROPERTYAGRICULTURALLAND? trI'ES BNO AREYOTJAUSDAPROGRAMPARTICIPANT? EYES ENO DESCRIBE THE PROPOSED WORK THAT NEEDS AQUATIC PERMITS: COMPLETE PTANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE oRDINARY HIGH WATER MARK OR LINE, INCLUDING TYPES OF EQUIPI9TENT TO BE USED. IF APPLYING FOR A SHORELINE PERMIT, DESCRIBE ALL WORK WTHIN AND BEYOND 2oo FEET OF THE ORDINARY HIGH WATER MARK IF YOU HAVE PROVIDED ATTACHED MATERIALS TO DESCRIBE YOUR PROJECT, YOU STILL MUST SUMMARIZE THE PROPOSED WORK HERE. ATTACH A SEPARATE SHEEI IF ADDITIONAL SPACE IS NEEDED. Redac€ old boaÙous€s bu¡ld in thê 1&5Ùs ¡nd 196{fs witi n€w boatl¡ous$ ßing ñoatrtim, mtal sld¡ng that ¡s acæFtable The old boåthise3 l¡oe¿ fi) eld bo*oe ]re bcen Epl¡É¿Êffi 2eB b æ1O No new or lighting w¡ll be added . fffi tr¡-d YdÉ drö trsrùss rtl Fært ú irúttrè ËIadng pstrib uilñ rrF cfry d KgtËdclç wr g!6 ÐREPARATXN OF I}RAWAæ SEE S¡ÀIPTE ÐRAIMNGS A¡¡D GUÐÂÀEE FOR COiTI.ETIÌ.IG THE tRÂWhÞS. OË SEr OF æ¡I/I¿ OR æ(Ð %A2IN REPRIO4ÆA¡.F DRÂffiS I寡TBEArIACHED. NOTE: APPLICANTS ARE ENCOURÀGED TO SUBMfT PHOTOGRAPHS OF THE PROJECISÍTE, BUTTHESE DO NOT SUBSTITUTE FOR DRAIMNGS. 'IIIECORPS OF ¿AßGERDRAIIHESf,AyBEREOaÆEDByOtflERÁcErcrES. Zb. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AHD ÌMIY YOU WANT OR NEED IO PERFORII fT AT THE SITE. PLEASE EXPTAIN ANY SPECIFIC NEEDS TIIAT TIAVE INFLUENCED THE DESIGN fhe purpose of proposal ¡s to continue : Remove and replace structures that have reached the end of their useful life and no longer meet fire and electr¡cal codês and current design codes for snow and wind loads. lmprove habitat conditions in the boat basin by ¡eplac¡ng wooden Êredsoted ñoatatbn and old un encapsulaûed Styrúilt with r¡ewwith fulþ erupsulærl foam. Ihse wilt be ¡þ piþ ûiying ndto repae old hoaürorsæ ard re¡r'GÐ ns boeûhor€ lhe Clover lsland Yacht Club has over 50 year history at this location of practicing environmental cleanliness, THESE USES MAY INCLUDE FISH AND AQUATIC LIFE, WATER QUALITY, WATER SUPPLY. ¡D MITIGATE DETRIMENTAI. IMPACTS. AND PROVIDE PROPER PROTECTION OF FISH AND IEPARATE SHEET IFADDITIOÀIAL SPACE IS NEEDEO. 7d FOR IN I¡I¿ATER CONSTRUCTION WORK WILLYOTJR PROJBCT BE IN COÄiPLIANCE WITH THE STATE OF WASHINGTON WATER OUÁI-ITY STA¡¡DARDS FOR ruRBlDITY wAc173'2olA-119' x YES OM) !¡oæræùræliæd,wbodrerßHrepþoærüm¡¡er&r. ffis¡srßÈeÞr*q¡ ldd atld will be pLc¿d m the mtËbt¡craÞ EYES trNO PROPOSED STARTING DATE: June,20Il ESÏMATED DURAnoN oF 2 yeaß with I year efsnsion ln aæordmce to state of Washington shopllne p€m¡t FÐl¡cy- ù I ñuu I urcù wtu ót pt.AUE¡J: Replâ.ifE old q¡säng boatlnßæ with E¡ WATERWARD oF THE oRDINARY HIGH WATER MARK oR LINE FoR FRESH oR ïDAL WATERS: AND/oR trWATERWARD OF MEAN HIGHER HIGH WATER LINE IN TIDAL WATERS \.4l^vv\ rrLL, Þuñw, vK u I ñtsf( BE PLACED: NO tr WATERWARD OF THE ORDINARY HIGH WAIER MARK OR LÍNE FOR FRESH WATERS? E] WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TDALWA'TERS? rF YES, VOLUME (CUBIC YARDS) /AREA lnCnesll lF YES, VOLUT,¡IE (CUBIC YARDS)---A8EA-6CRES)I IF YES: A IMPACTEDAREAINACRES: none B. I-IAS DELINEATON BEEN COMPLETED? IF YES, PI.EASE SUSMIT VMTHAPPLICATION. C. TIAS A WETLAND REPORT BEEN PREPARED? IF YES, PLEASE SUBMIT WITH APPLICATION D. TYPE AND COüPOSfiON OF FILL ¡iIATERIAL SAND, ETC.): X }¡oa qtc-tà E ]I¡IAIERIAL SOURCE: Not.Ðtidùlê F UST ALL SOIL SER¡ES CTYPE OF SOIL) LOCATED AT THE PROJECT SÍTE, Ii INDICATES IF THEY ARE ON THE COUNrì¡S LIST OF HYDRIC SOILS. SOILS INFORMATION CAN SE OBTAÍ NED FROM THE iIATURAL RESOURCES CONSERVATTON SERVICE (NRCS): r¡"tçpr¡o¡f" E}YES 8N€' EYES E}N(} oYES tr NO tr YES XD NO G WLL PROPOSED CAUSE FLOODING OR DRAINING OF WETLANDS? IF YES, IMPACTED AREA IS - ACRES OFDRAINED WETLANDS. )TE: F yotr Projeci will ¡mPact $der thÐ % of en acre ot retlånd, submit a mitigõúion plm to tE corps ând Ecology fù approval alorq with the JARPA fom Ttdâl weilarús 6 wúar¡æ dj@tt to Nd Íäter. Pbas srómit the JARPA fon and m¡litetim Þlan to tutæv tor ù inffiMt ¿tD1 Èñif'ahn r d ^r à I ââdaê tulqy a) or b) àppth,s. EXHIBIT A-8 2 of 4 ---PAGE BREAK--- IZ STOR'¿MIATER COUPUANCE FOR /IIAI'ONÙMOE PæMIS ONLY: IHIS PROJEGT lS (OR VV\LL BE) DESTGNED TO MEET ECOLOGy S MOSI CURRE 'T SIORMWA TER MANUAT- OR AN ECOLOGr AqqROVED LOCAL STORMWATER MANIAL tr yES X NO \'lot èppl¡cable IF YES- WHICH MANUAL WILL YOUR PROJEC'T BE DESIGNED TQ MEET r No - FoR oLEAN WATER ACT SECTION ¿tOI AND ¿tO4 PERMITS ONLY - PLEASE ECOLOGr FOR AppROVAt- ALONG WtrH THIS JAR1A A11UCAT]ON, DOCUMENTATTON THAT )E¡lroNsrRATEs rHE ST0RMWATER RUNoFF FRaM YouR PRoJEcr oR wLL coMpLy wtTH THE ryATER euAlJTy 1¡,ANDARD5, wAc 17g.201(A) 3. WLL EXCAVA]]ON OR DREDGING BE REOUIRED IN WATER ORWETL.ANDS? IFYES: A VOLUME: (CUBICYARDS)/AREA (ACRES) N/A B. COMPOSITIONOFMATERIALTOBEREMOVED: N/A C. DISPOSALSITEFOREXCAVATEDMATERIAL N/A D- II/ETHOD OF DREDûING N¡A trYES EINO 4. HAS THE STATE EM/IRONMEIìIÍAL pOLtCy ACT (SEpA) BEEN COMPLETED? SEPA LFÁD AGENCY CIty-9!-Kc!!!!e!498_ SEPA DEcISIoN: DNs, MDNS, EIS, AooPTIoN, EXEMPTIoN SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFWAS REQUIRED FOR A COMPLETEAPPLICATION EUILDING PÊRMÍT. SEPA REVIEW, FEDERAL ENERGY REGTII.ATQRY ÍHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS. ; OR WILL NEED AN NPDES PERMIT FOR DISCHARGING WASTEWATER AND/OR STORIVMATER TYPE OF APPROVAL ISSUTNG AGENCY IDENTIFICATION NO. DATE OF APPLICATION DATEAPPROVED COMPLETED? ;EPA Rev¡ew ;¡ty of Kemflick iMP {7{I PNL 1007{46&l Feb.201l ìhorel¡æ Pemil )ity of Kermwick iMP{7{1 PNL 100T{4664 Fú 20't'l 'iydraulic Prcject Approval VA State DepL Fish & Wtdlife Pend¡ng etter of Perm¡ssion lS Afmy Corps of Eng¡rEeF Pending ,t¡asfringtofl Stáe DepãtrerÉ of Eæbgy I 6' HAS ANY AGENCY DENIED APPROVAL FOR THE ACTÍVITY YOU'RE APPLYING FOR OR FOR ANY ACTIVITY DIRECTLY RETATED TO THE ACÏVMY DESCRIBED HEREIN? f] YES E NO IF YES. EXPLAIN: SECIIOIUB - Use forSliorefine enrl of hknM at th¡s t¡me as ind¡vùlEts (membeß) will be contEcting ild perfom¡ng sm" or oe¡r # - 7b. IF A PROJECT OR ANY PORTION OF A PROJECT RECEIVES FUNDING FROM A FEDERAL AGENCY, THAT AGENCY IS RESPONSIBLE FOR ESA CONSULTATION PLEASE INDICATE IF YOU !'lLL REcEfvE FEDERAL FUNDS AND WHAT FEDERAL AGENCY ls THose rulrlos- ðÈe INSTRUcIoNS FoR tNFoRMATtoN oN EsA* EDERALFUNDING EYES E¡NO IFYES,PLEASELISTTHEFEDERALAGENCY 8. LOCAI- GOVERNMENT WITH JURISDICTION: Gity of Ksæwid< 19. FOR CORPS, COAST GUARD, AND DNR PERMÍTS, PROVIDES NAÀqES, ADDRESSES, AND TELEPHONE P/fASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQIJIRE ADDMOúAL NOTICE_ CO]V ;lover ldand Yacf{Ch-ö (adþ¡ning læ) I 04 CbH lslild $ite 1 Ol Kãrstid( WA 99306 sog)5&s56 Pier I Re$ilrãlt (edþ¡ning lessæ) þ5S Ctover lstãld Drive, K6newid( WA 9S336 sff¡) 582-2r43 Drive, wA 99336 SECTION G - ft rS sect on MaJST be for covered APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN I CERIIFY THAT I AM FAMILIAR WIIH THE ORHATION CONTANED IN THIS APPUCATION, AND TIIATTO THE BEST OF IfY KNOWLEDGE AND BEUEF. SI,JCH INFORMATION IS TRUE COMPLETE, AND EXHIBIT A-8 3 of 4 ---PAGE BREAK--- JRATE, I FURTHER CER.I.IFY THAT I POSSESS THE AUTHORTY TO UNDERTAKE THE PROPOSED ACTMTES. I HEREBY GRANT TO THE AGENCIES TO V AI¡PUCA]1ON IS MADE. THE RIGT{T TO ENTER THE ABO\IEÐESCRIBED LOCATTON TO INSPECT THÊ PROPGSED. IIüPROGRESS OR COMPLETED WORK TO STARTWORK ONLYAI=ÍER AI L NECESSARY PERMITS HAVE BEEN RECEIVED. SIGNATURE OF APPLICANT WaylÞ Shafei Commodore, Cloys lôland Yaclf Club, Xemewick, WA 99335 TO ACT AS MY AGENTS IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I UST SIGN THE PERMIT. SIGNATURE OF APPLICANT SIGNATURE OF LANDOVVI\IER (EXCEPT PUBLIC ENTITY LANDOWNERS. E.G ÐNR) Tim ÂmtrÌ EræriE DiEU, Xwsrick ItA EÐSlb IHIS APPLICATION MUST BE SIGNED BY THE APruCANTAND THE AGENT, IF AN AUTHORIZED AGEh¡T IS DESIGNATED mtry, shdl b€ fired mt more ths $10,000 tr tmpriffiad nor moÉthån S years tr both COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shorel¡ne, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, eros¡on, high bank, low bank, or dike; material such as ""nd, gravel, mud, clay, rock, riprap; and extent and Çpe of bulkheading, if any) B' ln the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potåntial, that will have an obstructed view: C' lf the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: are Equal Opportunity and Afirmative Act¡on employers For special acc-ommodelion needs, please cûntact the appropriate agenry in the instructions. EXHIBIT A-8 4 of 4 ---PAGE BREAK--- Appendix A-6-2 Clover Island Rrblic Access Å sùÍhE-Û{E PATt{Wár5årfü ü E t f I slþ¡E nEpfi{WÁVs+rru¡cdUat9l!il¡ DflElepAll{WAys€ütg r r r r r II aI October 12,2OOg tì APpÉù0rx A-6-l EXHIBIT A-9 1 of 1 ---PAGE BREAK--- STATE OF WASHINGTON DEPARTMENT OF ECOLOCY 15 W Yakima Ave, Ste 200 . Yakima, WA 98902-3452 . (509) 575-2490 ..-.'EECEIVED .CITY OF KENNEWCK APR e 1 ZUtl CO[4MUNITY PLANNINq DEPARTMEÑi Ãpril14,2011 Wes Romine Kennewick Development Services P.O. Box 6108 Kennewick, WA 99336 Re: SDP 11-01 Dear Mr. Romine: Thank you for the opportunity to comment on the pre-threshold determination for the Boat House Replacement and Upgrade Project, proposed by Clover Island Yacht Club. We have reviewed the environmental checklist and have the followine comment. ShorelandsÆnvironmental Assistance Replacement of the existing boat houses with larger boat houses should be evaluated for compliance with the current shoreline master plan. Information should be included with project frling documents which addresses potential impacts on public access (see KSMP 18.68.110) during boat house construction and transportation to the site, v¡hat BMPs u'ill be in place for construction, and where specifically on Clover Island boat house construction could occur. (Potential staging and construction areas should be shown on a plan view map of the Island at the very least.) Information should also be included in filing documents as to why the boat houses need to be 10 percent larger (see KSMP 18.68.070 (AXiiXB) . The current KSMP public access plan includes a requirement that public access shall be provided along the south shoreline from eastern lot 13 through western half of Lot 15. If there is outstanding public access requirements not yet met on Yacht Club property, these issues should be addressed with conditions in the issued permit. ùÈt EXHIBIT A-10 1 of 3 ---PAGE BREAK--- Mr. Romine April 14,2011 Page2 The permit should contain a condition that residential use of the boat houses is prohibited, (KSMP 18.68.130 (3XdXv)). The permit should contain a condition that flotation material must be encapsulated with a shell that prevents breakup or loss of flotation material, and a condition that replacement of existing covered boat facilities (boat garages, covered moorage) shall be composed of clear translucent materials that have a minimum in either the roof material or exposed wall (see KSMP 18.68.120 (3XbXivXD)and( . In addition, night lighting must be oriented to minimize illumination of surrounding waters The SEPA checklist response to the question about what the shoreline environment jurisdiction is, appears to be in error: The shoreline jurisdiction of the proposed impact area is both "Aquatic" and "Clover Island High Intensity" since part of the activity will be taking place on the island itself and some of the activity will be taking place on the water. For your convenience, the following are selected citations from the Kennewick Shoreline Master Plan (KSMP): 18.68.070 (5XAXiiXB) The size of new over-water structures shall be limited to the minimum necessary to support the structure's intended use. 18.68.130 (3)(a)(vi) Boating facilities shall not conflict with existing or planned public access opportunities... 18.63.130 (3Xd) New over-water residences, including floating homes, are prohibited within shoreline j urisdiction. 18.68.070 (sXbXiÐ(F) Visual and physical public access to shorelines shall be maintained, dedicated, improved and enhanced consistent with the Clover Island High Intensity Special Area Plan Standards (identifred in Appendix A-6-1 through A-6-3), and V/AC 17 3 -26-221 (4Xd) and KMC 1 8. 68. 1 1 18.68.110 (2)(e)(iii)(A)For Clover Island, public access must be consistent with the Clover Island High Intensity Special Area Plan Standards (see Appendix A-6). Planned EXHIBIT A-10 2 of 3 ---PAGE BREAK--- Mr. Romine April 14,20II Page 3 public access improvement specified by the pathways identified in Appendix A-6-2 exhibit (Public Access) shall be made within 12 months of build out of the following lots, as specified in the Appendix A-6-3 (Building Heights) exhibit: West and northwest (Causeway and "notch") and adjacent interior pathways will be completed proportionately within 12 months of Parcels A, B and C and Lot I completing build out; (II) North shoreline pathway (from west edge of Lot 2, and Lots 3-l l, 30, and 31) will be completed proportionately within 12 months of Lots 2 through 5 completing build out; and (III) South shoreline and interior pathway (due south of "notch") will be completed within 12 months of eastern half of Lot 1 5 and Lots 16 through 1 8 completing build out. (IV) Public access shall be provided along the south shoreline for eastern lot 13 through western half of Lot l5 as provided for in permitted Yacht Club development. Long term shoreline pathway around east end of island (Lots 29 through 32) shall be phased in with any proposed improvements on those lots and,/or shorelile stabilization occurring on Clover Island. 18.68.120 Flotation material must be encapsulated with a shell that prevents breakup or loss of flotation matenaI and cannot be located where it impedes f,rsh passage; Replacement of existing covered boat facilities (boat garages, covered moorage) shall be composed of clear translucent materials that have aminimum25o/o light transmittance in either the roof material or exposed wall; and Night lighting must be oriented to minimize illumination of surrounding waters. (vii) Storage of fuel, oils and other toxic materials is prohibited on docks and piers except in portable containers that are provided with secondary containment. If you have any questions or would like to respond to these Shorelands/Environmental Assistance comments, please contact Catherine Reed at (509) 575-2616. Sincerely, /t flt ur- t-LL-á-t- Gwen Clear Environmental Review Coordinator Central Regional Office (s09) s7s-20r2 353 EXHIBIT A-10 3 of 3 ---PAGE BREAK--- Wes Romine From: Sent: To: Subject: Expires: Wet... Bartrand, Eric L ( D FW) [Eric. Bartrand @dfw.wa. gov] Wednesday, June '15,2011 12:01 PM Wes Romine HPA for CIYC Boathouses Thursday, December 05, 2019 12:00 AM Tl" WDFW requests the Citg's consideration of having the appropriate IIPA permit issued as a coodition of the Clover Island Ya"ht Clob'r Shoreline Permit. A re6,ulatorg frameworlc is clearlg needed for these folls to come into compliance and. havin5 the Shoreline permit contingent upon the HPA reallg helps support that lramework ThanL goo. Eric L. Bartrand Area Fish and Wildlife Habitat Biologist - Hydraulic Project Permitting for Benton, Franklin, and Yakima counties. Washington State Department of Fish and Wildlife Habitat Program Yakima RegionalOffice L7OLS.24th Avenue Yakima, WA 98902 Office (s09)4s7-9310 cell (s09) 9s2-8!47 FAX (s09) s7s-2474 EXHIBIT A-11 1 of 2 ---PAGE BREAK--- Wes Romine From: Sent: To: Gc: Subject: Expires: Wes-. Bartrand, Eric L (DFW ) [Eric. [EMAIL REDACTED]. gov] Monday, June 06, 2011 12:.1'l PM Wes Romine Teske, Mark S (DFW) Regarding SDP 1141 and HPA Requirement Tuesday, November 26,201912:00 AM Construction activities described in SDP 11-01 rec¡uire Pro¡ect Appro.ral ftIPA) prior to ang commencement of work. Arr IIPA will be conditioned. to ensure no net losses of productive fish habitat (RCW77.55). ThanLuou. Eric L. Baffand Area Fish and Wildlife Habítat Biologist - Hydraulic Project Permitting for Benton, Franklin, and Yakima counties. Washington State Department of Fish and Wildlife Habitat Program Yakima Regional Office 1701 S. 24th Avenue Yakima, WA 98902 office (509)4s7-9310 cell (s09) 9s2-8747 FAX (s09) s7s-2474 EXHIBIT A-11 2 of 2 ---PAGE BREAK--- ED# 11-11 June 16,2011 RE: ED #11-11 sDP 1 1-01 Wayne Shafer, Commodore Clover lsland Yacht Club 104 Clover lsland Drive, Suite 101 Kennewick, WA 99336 Dear Mr. Shafer: Enclosed is an Environmental Determination of Non-Significance #11-11 for SDP11-01. This Determination means no Environmental lmpact Statement is required in order for the City to continue the processing of your application. Please notice that changes have been made to your Environmental Checklist. No conditions have been added. lf we receive additional comments from the Department of Ecology or other agencies regarding your proposal, a copy of those comments will be forwarded to you. lf you should have any questions, please feel free to contact me. Enclosure Dept of Ecology WA Dept of Fish & Wildlife Yakima Nation CTUIR Larry Peterson, Port of Kennewick File K 21OW.6tn Avenue - P.O. Box 6108 - Kennewick, WA 99336-0108 Page 1 EXHIBIT A-12 1 of 22 ---PAGE BREAK--- EÐ# 11-11 CITY OF KENNEWICK ENVIRONM ENTAL CHECKLIST REVI EW E. D. File #11-11 Action: SDP 11-01 Reviewed by: Wes Romine June 16,20ll The City of Kennewick has reviewed the checklist and made additions & corrections to it. Water Quality An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit is a minimum 38 day process and may take up to 60 days if the original SEPA does not disclose proposed activities. Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. A stormwater construction permit from Washington State Department of Ecology may be required if there is a potential for discharge from a construction site larger than one acre. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. Please contact Cory Hixon at (509) 454-4103, at the Department of Ecology to determine if your site needs such a permit. Water Resources The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. lf the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03 RCW and 90.44.100 RCW. lf you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454-7647. 210 W .6'n Avenue - P.O. Box 6'108 - Kennewick. WA 99336-0108 Paoe 2 EXHIBIT A-12 2 of 22 ---PAGE BREAK--- ED# 11-11 CITY OF KENNEWICK DETERMINATION OF NON.SIGNIFICANCE Description of Proposal: Substantial Development Permit for the replacement of boathouses built in the 1950's and 1960's. Some of the boathouses will have a minor exoansion of size for consistencv between boathouses. Construction will occur on a vacant lot on Clover lsland and the new boathouses will be floated into place. Proponent: Kennewick. WA 99336. Location of proposal, including street address, if any, ln the water between Clover lsland Lead Agency: Citv of Kennewick The City of Kennewick has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental lmpact Statement (ElS) will not be 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 City. This information is available to the public on request. Application for other required permits may require further review under SEPA procedures. X There is no comment period for this DNS. This DNS is issued under 197-113a0Q); the City will not act on this proposal for fifteen days from the date below. Comments must be submitted by After the review period has elapsed, all comments received will be evaluated and and the DNS will be retained, modified, or withdrawn as required by SEPA regulations. Responsible Official: Greqorv McCormick Position/T Address: Phone: (509) 585-4463 X Changes, modifications and /or additions to the checklist have been made on the attached Environmental Checklist Review. This DNS is subject to the X No conditions. attached conditions: See attached condition(s). Date: 6116111 Signature According to KMC 4.08.430, this determination may be appealed to: Hearing Examiner City of Kennewick 21OW 6'n Ave.. P.O. Box 6108 The time for appealing SEPA issues is twenty-one (21) days after notice (WAC 197-11- 680(5)(a). You should be prepared to make specific, written factual objections. Contact Gregory McCormick to read or request the procedures for SEPA appeals. 210 W .6'n Avenue - P.O. Box 6108 - Kennewick, WA 99336-0108 Page 3 EXHIBIT A-12 3 of 22 ---PAGE BREAK--- Eò lt -ll For nonproject actions, the references in the checklist to the words "project", "applicant", and'þroperty or site" shouldbe read as "proposal", "proposer", and "affected geographic area", respectiveþ. A. BACKGROUND t. Name of proposed project, if applicable: Old boat house z replacement and upgrade with new boathouses. Name of applicant: Clover IslandYacht Club 3. Address and phone number of applicant and contact person: r:o4 - Clover Island Drive, suite roi lCennewick, Wà gqgg6; Contact: Wayne Shafer, Cornmodore - So9-gg4-748l Date checklist prepared: January 18ù, 2tr11 Agency requesting checHist: Clover IslandYacht CIub, I(ennewick, WA 99896 6. Proposed timing or schedule (including phasing, if applicable): Work - would be performed. during the period of this permit 2tr11- zo1g, rÀ'ith possible extension of one year. 7.Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None at this time although the Clover Island master plan does show the locatiens where additional moorage facilities could be consEucted. This is not oçected to occurwithin the foreseeable future. ffowever there well be a re apply for frrture shoreline permits as there are still old boathouses that will be replaced. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal A State of Washington Environnental PolicyAct (SEPT.{.) Checklist has been prepared for the City of Kennewick. 9. Do you knowwhether applications are pending for governmental / approvaìs of other proposals directly affecting the property covered by your proposal? If yes, explain. No ro. List any government approvals or permits that will be needed for your proposal, if known. Building Perrnits, frorn the City of Kennewick, will be required for any new boathouses constructed at the Clover Island Yacht Club. ENVIRONMENTAL CHECI(LIST. PAGE z EXHIBIT A-12 4 of 22 ---PAGE BREAK--- rr. Give a brief, complete description of your proposal, including the proposed uses and the size of tle 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. / This proposal will allow the removal of old boathouses built in the 5o's and 6o's and replace thern \Mith a standardired boathouse built $rith modem materials that are esthetic and rnore environmentally friendly. The old boathouses arìe (often Quonsets hut types) setting on old Styrofoam and log floatation. The new ones will be standard size with similar metal siding. rz. Location of the proposal. Give sufñcient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range ofarea, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity Dâp, and topographic Dap, if reasonably available. While you should submit anyplans agency, you arc not requiredto duplicate maps or detailed plans submitted with any permit applications related to this checHist. ¡ /rquatic Area: South of existing CIYC Buitding. Beginning at the Southeast corner of lot 14, Plat of Clover fsland, Thence S S+ degrees, 18'oo'E a distance of 18.6 feet lrrore or less, Thence S 5 d.egrees 42'oo'\Âf a distance of 23.4 feet more or less to the intersection with the Ordinary High Water Line of the McNary Pool and the TRUE POINT OF BEGINNING, Thence N 5 degrees 4z'oo" a distance of 527 feet more or less to the Orrlinary High'Water Line of the McNary Pool. Thence Southeasterþ along the OIfWL of the McNary Pool for a distance of 4oo feet more or less to the TRUE POINT OF BEGINNING. EI\¡-\rIRONMENTAL CHECI(LIST . PAGE 3 EXHIBIT A-12 5 of 22 ---PAGE BREAK--- B. ENVIRONMENTAI, ELEMENTS r. Earth a. General description of the site (circle one): Flat, rolling, hill¡ steep - slopes, mountainous, other. OTHER. This site is on the water in the Boat Basin of Clover Island. b. What is the steepest slope on the site (approximate percent slope?) Not / applicable. c. What general types of soils are found on the site (for example, cla¡ sand, gravel, pæt, muck)? If you know the classification of agricultural soils, specifr them and note any prime farmland. / Not applicable d. Are there surface indications or history of unstable soils in the - immediatevicinþ? Ifso, describe. Not applicable Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source or fill. Not applicable f. Could erosion occur as a result of clearing, construction or use? If so, z gênerâlly describe? Not applicable g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? New z boathouses will cover approximateþ loo/o trrolre water. See the attached outline of existing boathouses and proposed new boathouses. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: z- This project will have no effect on erosion or impact the earth in anyway. z. Air ./No irnpact to the air. ENVIROIYMENTAL PAGE + EXHIBIT A-12 6 of 22 ---PAGE BREAK--- 1. a. What types of emissions to the air would result from the proposal dust, automobile, odors, and industrial wood smoke) during construction and.when the project is completed? If an¡ generally describe and give approximate quantities if known. - Boathouses will be assembled upland andwill be floated in. There will be sorne sawdust in the air for brief periods. We foresee no saw dust entering the water, as boathouses will not be consürrcted on the water. b. Are there any off-site sources of emissions or odor that may effect your - proposal? Ifso, generallydescribe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: \Me foresee no measurable ernissions thatwill - need.to be controlled. 3. Water a. Surface. Is there any surface water body on or in the immediate vicinþ 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. The project is in the Columbia River. z. Will the project require anywork over, in, or adjacent to (within zoo feet) the described waters? If yes, please describe and. attach available plans. Boathouses will be assembled in the parking areas of clover rsland or other near shore industrial areas such as the Port of Pasco and placed in the water with a mobile crane. Very little work will be a conducted over the water. Once placed in the water the boathouses will be floated into the proper slips. 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. No fillirrg or dredging will occur. Will the proposal require surface water withdrawals or diversions? Give / general description, purpose, and approximate quantities if known. No EN\rIRONMENTAL CHECI(LIST - PAGE 5 EXHIBIT A-12 7 of 22 ---PAGE BREAK--- 5. Does the proposal lie within a loo-year floodplain? If so, note location ron the site plan. This site lays in Zone A on panel SBoo11- ooo4D 6. Does the proposal involve any discharges of waste materials to surface _ waters? If so, describe the type of waste and anticipatedvolume of / discharge. No b. Ground. 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if - knotrn. No z. Describe waste material that will be discharged into tlre 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. N/A c. Water Runoff (including storm water). r. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if knorarn). Where will this water flow? Will this water flow into other waters? If so, describe. ---Rain rrr snow that falls on boathouses wiII go into the river; also would have entered the river directlv even without these boathouses. z. Could waste materials enter ground or surface waters? If so, generally - describe. There are no waste rnaterials or groundwater associated wìth this project. d. Proposed measures to reduce or control surface, ground and runoff .rwater impacts, if any: N/A 4. Plants Check or circle the ty¡res of vegetation found on the site: _ Deciduous tree: alder, maple, aspen, other _ Evergreentree: fir, cedar, pine, other Shrubs Grass Pasture _ Crop or grain a. EI\¡.\rIROI\IMENTAL CHECI(LIST . PAGE 6 EXHIBIT A-12 8 of 22 ---PAGE BREAK--- _ Wet soil plants; cattail, buttercup, bulrush, skunk cabbage, other X water plants: water liþ eelgrass, milfoil, other - Other types of vegetation What kind and amount of vegetation will be removed or altered? None c. List threatened or endangered species known to be on or near the site. ,r None d. Proposed landscaping, use of native plants, or other measures to / preserve or enhance vegetation on the site, if any: N/A 5. Animals a. Circle any birds and animals which have been observed. on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Seagulls Mammals: deer, bear, elþ beaver, other / Fish: F Cd, FalmoE, Fõ8, herring, shellfish, other b. List any threatened or endangered species known to be on or near the / site. Listed species of the upper and mid-Columbia River include: - Upper Columbia River spring-nrn Chinook salmon (endangered); - Upper Columbia River steelhead (endangered); - Mid-Columbia River steelhead (threatened); - Columbia River distinct population segment bull trout (t-hreatened); - Bald eâgle (threatened) c. Is the site part of a migration route? If so, explain. The mid- ¡ Columbia basin is a migratory route for many waterfowl. In addition, salrnon travel through this area on their wayto and from the Hanford Reach; however, few were found in this particular an'ea during the Port's fisheries sampling done in 1995. They are more tikely to be in the main channel, not in the boat basin. d. Proposed measures to preserve or enhance wildlife, if any: We ./rnodifted our docks to allow liglht to enter below docks as previous permit requested.. EN\rIRONMENTAL CHECKLIST. PAGE z EXHIBIT A-12 9 of 22 ---PAGE BREAK--- 6. Energ_v and Natural Resources a. What kinds of energ¡,r (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. Electrical / services are located in all boathouses for incidental use such as tighting and refrigeration. There is limited used. for heating of boats during the winter months to avoid freezing. Electrical wiring has been upgrad.ed with removing overhead wire to under the docks. b. Wouldyour project affect the potential use of solar adjacent / properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy _impacts, if any: There are two major areas of enerry conservation - features in this plan. r. The metal siding of all old boathouses removed is recycled. Each destroyed boathouse is also reviewed for Iumber and metals to be recycled. z. New dock lighting has been installed for environmental pur?oses removing light pollution. Clover IslandYacht Club is also commiËed to adherence to applicable Washington State Energr Codes. 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 / oceur as a result of this proposal? Is so, describe. \üe are aware of no environmental health hazards in this project. / t. Describe special emergency services that might be required. The EN\rIROIYMENTAL CHECI(LIST. PAGE 8 EXHIBIT A-12 10 of 22 ---PAGE BREAK--- Kennewick Fire Department would provide services in the event of a fire or e:çlosion. z. Proposed measures to reduce or control environmental health hazards, , if any: The construction materials (wood and steel) would / reduce these risks from the current level. In addition, the Port has installed an oil recycling container at the marina to encourâge Clover Island Yacht Club boaters and others to dispose of petroleum products in a responsible rnanner plus firrnishing for refirse and waste. b. Noise. r. What ty¡res of noise exist in the area that may affect your project (for example: traffic, equipment, operation, other)? There are no - sources of noise in the area that will affect this project. z. What types and levels of noise would be created by or associated with the project on short-term or a long-term basis (for example: trafñc, construction, operation, other)? Indicate what hours noise would come a fromthe site, Construction will create increased noise of a ternporary nature, in addition to the typical waterfront sounds. We foresee no additional traffrc or operational noise. 3. Proposed measures to reduce or control noise impacts, if any: .z construction will only be during da¡ime hours per city of Kennewick code. Generated noise, including construction noise will be kept rnrithin the regulations of I(ennewick Municipal Code Chapter 9.S2 8. Land and Shoreline Use: a. what is the current use of the site and adjacent properties? The site /hasbeen used as a marina since the earþr9io's. To the East of the site is the new Port of Kennewick Office and Marina, which also provid.es rnoorage. To the north is Cedars restaurant. The US Coast Guard is located east of the site, and has offices, shops, and a large dock facility. South of the site is Levee 5D, and beyond that is a rnobile home park. Hu"the site been r¡sed for agriculture? If so, describe. No Describe any structures on the site. There are presently 7o boathouses and Bo covered moorage slips on the site. This EN\rIRONMENTAL CHECI(LIST. PAGE 9 EXHIBIT A-12 11 of 22 ---PAGE BREAK--- project will not increase the number of boathouses on site just replace old boaùrouses with new ones. d. Will any structures be demolished? Yes If so, what? Designated z existing boathouses will be demolished. What is the current zoning classification of the site? C-M, Cornrnercial Marina f. What is the current comprehensive plan designation of the site? / Commercial/recreational g. If applicable, what is the current shoreline mast - desigìation of the site? Urb O h. Has any part of the site been class mentally sensitive" ' area? If so, specif,r. No i. Approximately how many people would reside or work in the completed / area.N/.A' j. Approximately how many people would reside or work in the completed area. N/A k. Proposed measures to avoid or reduce dispìacement impacts, if any: No - workers or residents will be displaced. l. Proposed measures to ensure the proposal is compatible with existing - and projected land uses and plans, if any: The increase in daytime and evening/weekend activiry will increase the security for nroorage tenants. 9. Housing a. Approximately how many units would be provided, if any? Indicate - whether high, middle or low-income housing. N/A . Approximatelyhowmanyunits, if any, wouldbe eliminated? Indicate whether high, middle, or low-income housing. N/A p. Proposed measures to reduce or control housing impacts, if any: N/A ro. Aesthetics a. What is the tallest height of any proposed structure(s), not including , antennas; what is the principal exterior building material(s) proposed? / The highest point of anyboathouse will be z5 feet above the water. EI\¡.VIRONMENTAL CHECI(LIST . PAGE To EXHIBIT A-12 12 of 22 ---PAGE BREAK--- b. What views in the immediate vicinþ would be altered or obstructed? - None as the levee already blocks the view from the south. The - view from the island to the sorrth is blocked by the levee as well. c. Proposed measures to reduce or control aesthetic impacts, if any: There are no aesthetic irnpacts that need to be mitigated, except with changing out old boathouses with nerr. rr.Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? There is existing lightins on the docks for "-safety. They are photo cells so they only corne on at dusk and in the evening. The electrical wiring and lighting has been upgraded per previous permit. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off-site sources of light or glare may affect your proposal? - None d. Proposed measures to reduce or control light and glare impacts, if any? - Lightir"g will be shielded and conÞolled. tz. Recreation a. What designated and informal recreational opportunities are in the - immediate vicinþ? The marina provides a popular recreational / rl"t rr" for the "ógior. b. Would the proposed project displace any existing recreational use? If / describe. No, it would enhance existing recreational use. c. Proposed measures to reduce or control impacts on recreation, - including recreation opportunities to be project or / applicant, if any: N/A 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 tlre site? If so, generally describe. No EI{\IIRONMENTAL CHECI(LIST . PAGE TT EXHIBIT A-12 13 of 22 ---PAGE BREAK--- b. Generaþ describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next I tothe site. None c. Proposed measures to reduce or control impacts, if any: N/A / t4. 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. / Clover Island Drive provid.es access to the site. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The nearest transit stop is approximately t/a lrnile away on Columbia Drive. c. How many parking spaces would the completed project have? How rnãrty would the project eliminate? N/A d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally .z describe (indicate whether public or private). No e. Will the project use (or occur in the immediate vicinity of) water, rail, or - air transportation? If so, generally describe. Yes, the project will - provide opportunities for water transportation by boathouse and moorage tenants. f. How many vehicular trips per day would be generated by the completed project? If knornrn, indicate when peak volumes would occur. No more - vehicular trips would be generated than currently exist. Peak auto and, boat Þaffic periods occur during surnrner months, particularly on weekends and holidays. g. Proposed measures to reduce or control transportation impacts, if any: None needed at this time for this proposal. 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. There will not be an increased need for - these services. The need for fire protection will actually decline because of the prolrcsed consEuction materials. EN\rIRONMENTAL CHECI(LIST. PAGE Tz EXHIBIT A-12 14 of 22 ---PAGE BREAK--- b. Proposed measures to reduce or control direct impacts on public -'services, if any. N/A 16. Utilities a. Circle utilities curren / Ftõ¡, at the site: lelectricrE, natural gas, , Felephond, sanitary s"pti" sy.tem, other. These senzices are available on Clover Island. Refrrse and telephone services (wÍred) are avaÍlable upland. The boathouses and moorage does not have sanitary sewer service at this time as it is not allowed by the Corlrs of Engineers (atthough facilities are located in nearby upland locations). b. Describe the utilities that are proposed for the project, the utility I providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electricity - Benton PUD; water - City of Kennewick; refuse sen¡ice - Waste Managernent; telephone - Verizon; sanitary sewer - City of Xennewick. C. SIGNATURE The above answers are true and complete to the best of my knowledge. ons. tsi Wayne Shafer, Commodore ate Submitted: 3"la -20 t¡ ENVIRONMENTAL CHECI(LIST - PAGE 13 EXHIBIT A-12 15 of 22 ---PAGE BREAK--- D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (Do not use this sheet for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented.. Respond briefly and in general terms. t. How would the proposal be likely to increase discharge to water; emissions to air; - production, storage, or release oftoxic or hazardous substances; or production of noise? N/4, this is a project action z Proposed measures to avoid or reduce such increases are: N/A ,1Uo* would. the proposal be likù to affect plants, animals, fish, or marine life? N/,A. - Proposed measures to protect or conserye plants, animals, fish, or marine life are: 'N/t would the proposal be likely to d.eplete energy or natural resources? N/A Proposed measures to protect or conserve eners/ and natural resources are: N/A 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains or prime farmlands? N/A Proposed measures to protect such resources or to avoid or reduce impacts are: N/A 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? /N/t Proposed measures to avoid or reduce shoreline and land use impacts are: N/A 6. How would the proposal be likely to increase demands on transportation or public - services and utilities? N/A ENVIRONMENTAL CHECI(LIST - PAGE r4 EXHIBIT A-12 16 of 22 ---PAGE BREAK--- -Proposed measures to reduce or respond to such demand(s) are: N/A 7. Identify, if possible, whether the propos.al may conflict with locaì, state, or federal - laws or requirements for the protection of the environment. N/A EDIVIROIYMENTAL CHECKLIST - PAGE r5 EXHIBIT A-12 17 of 22 ---PAGE BREAK--- ESA LISTED SAIMONIDS CHECKLIST The Listed Salmonids Checklist is provided in order that the Port can identiÛr a project's potential impacts (if any) on salmonids that have been listed as "threatened" or "endangered" under the Federal Endangered Species Act (ESA). A salmonid is any fish species that spends part of its life cycle in the ocean and returns to fresh water. Potential project impacts that may result in a "taking" of listed salmonids must be avoided, or mitigated to insignificant levels. Generally, under ESA, a "taking" is broadly defined as any action that causes the death of, or harm to, the listed species. Such actions include those that affect the environmental in ways that interfere with or reduce the level of reproduction of the species. If ESAlisted species are present or ever were present in the watershed where your project will be located, your project has the potential for affecting them, and you need to comply with the ESA. The questions in this section will help determine if the ESA listing will impact your project. The Fish Program Manager at the appropriate Department of Fish and Wildlife (DFW) regional ofñce can provide additional information. Please contact the Dept. of Fish and Wildlife at 1Zo1 S. 24th,Yakima WA 98go z-SZ2o, Phone No. 5o9-575-2740. 1. Are ESA listed salmonids currently present in the watershed in which your project will be? Please Describe. Endangered / Upper Columbia River Spring-run Chinook Upper Columbia River Steelhead mykiss) Threatened -Middle Columbia River Steelhead mykiss) Columbia River DPS Bull Trout (Salvelinus confluentus) YES XX NO -None -Norr" Has there ever been an ESAlisted salmonid stock present in this watershed? YES XX NO Please Describe. / Nl rnigrate through this section of the Columbia River (McNary Pool) at various times during the year. NOTE: Kennewick is located in the upper Mid-Columbia watershed. Salmonoids are present in the watershed - questions no. 1 and no. z already answered "yes". Questions A-r and A-z are also answered. E\IVIROI\TMENTAL CHECKLIST . PAGE T6 EXHIBIT A-12 18 of 22 ---PAGE BREAK--- PROJECT SPECIFIC: The questions in this section are specific to the project and vicinþ. Ar. Name of watershed Upper Mid-Columbia - A2. Name of nearest water body: Colurnbia River æ. What is the distance from this project to the nearest body of water? Often a buffer between the project and a stream can reduce the chance of a negative impact to fish. / The Island of Clover Island which acts as a buffer from the Columbia River. A4. What is the current land use between the project and the potentially affected - water body (parking lots, farmland, etc.)? The current land use parking lots, clubhouse, restaurants, and hotel. 45. What percentage of the project will be impervious surface (including pavement & - roof area, see attached drawings showing existing and new boathouses? FISH MIGRATION: The following questions will help determine if this project could interfere with migration of adult and juvenile fish. Both increases and decreases in water flows can affect fish migration. Br. Does the project require the withdrawal of / a. Surface water? Yes_ No X Amount Name of surface water bodv b. Ground water? Yes_ No_X_ Amount From Where Depth of well Bz./ Will any water be rerouted? YES NO X If yes, will this require a channel change? BS. / Will there be retention ponds? YES_ NO X If yes, will this be an infiltration pond or a surface discharge to either a municipal storm water system or a surface water body? If to a surface water discharge, please give the name of the waterbody. 84. Will this project require the building of new roads? Increased road mileage may affect the timing of water reaching a stream and may, thus, impact fish habitat. No BS.t Are culverts proposed as part of this project? ENVIRO^IMENTAL CHECKLIST - PAGE r7 EXHIBIT A-12 19 of 22 ---PAGE BREAK--- Yes NoX B,6.' Are stormwater drywells proposed as part of this project? Yes NoX B7.' Will topography changes affect the duration/direction of runoffflows? Yes No---X- If yes describe the changes. 88. Will the project involve any reduction of a floodway or floodplain by fitling or other partial blockage of flows? Yes_ No X If yes, how will the loss of flood storage are mitigated by your project? WATER QUALITY: The following questions will help determine if this project could adversely impact water quality. Degraded water quality can affect listed species. Water quality can be made worse by runofffrom impervious surfaces, altering water temperature, discharging contaminants, etc. Cr. Will your project either reduce or increase shade along or over a water bo-dy? YES X NO- Removal of shading vegetation or the building of structures such as docks or floats often result in a change in shade. Cz-- Will the project increase nutrient loading or have the potential to increase nutrient loading or contaminants (fertilizers, otÀer waste discharges, or runoff) to the water body? YES_ NO X Cg.' Will turbidity (dissolved or partially dissolved sediment load) be increased because of construction of the project or during operation of the project? In-water or near water work will often increase turbiditv. YES_ NO_X_ C4.t Will your project require long term maintenance, i.e., bridge cleaning, highway salting, chemical sprays for vegetation management, clearing of parking lots? YES_ NO_X_ Please Describe. Vegetation: The following questions are designed to determine if the project will affect riparian vegetation, which can impact listed species. Dt z Will the project involve the removal of any vegetation from the stream banks? YES NOX If yes, please describe the existing conditions and the amount and ty¡le of vegetation to be removed. ENVIRONMENTAL CHECI(LIST. PAGE T8 EXHIBIT A-12 20 of 22 ---PAGE BREAK--- Dz. If anyvegetation is removed, do you plan to re-plant? YES NO If yes, what types of plants will you use? N/A SIGNATURE The above answers are true and complete to the best of my knowledge. I understand the City is reþing on them to make its decision. Signature /;^d7-t I Date ENVIRONMEMAL CHECI(LIST - PAGE rg EXHIBIT A-12 21 of 22 ---PAGE BREAK--- CLOVER ISLA]VD YACHT CLUB N G R OP OSID OVER WATER COVER AGE NEV PIRT I MIXED USE BUILDING I YACHT CLUB/DFFICE SPACE I DHV/ I N o*o II I B oathouses Addítiorlq.L B oathoLlses RepLaced sín'ce 2008 }uerutater Couerag e to be RepLaced EXHIBIT A-12 22 of 22 ---PAGE BREAK--- EXHIBIT A-1 Page 1 of 4 Staff Report Date: June 30, 2011 Public Hearing Date and Location: July 11, 2011, Kennewick City Hall Report Prepared By: Wes Romine Development Services Manager Report Reviewed By: Gregory McCormick, AICP Planning Director Summary Recommendation: The City of Kennewick RECOMMENDS that Plat Alteration 11-02 be DENIED. Summary of Proposal: Alteration to the Orchard Crest #4 subdivision to combine portions of a 150 wide buffer, Tract A with lots 29, and 30 and lots 41 through 51, and combine Tract B with lot 28. Proposal Location: East of S. Garfield Street and south of W. 53rd Avenue. Parcel numbers: Tract A, 124891070001000, Tract B, 124891070002000 Legal Description: Lots 41 through 51, Lots 28 through 30, Tract A and Tract B of the Plat of Orchard Crest #4 Recorded in Volume 15 of Plats at Page 176 Records of Benton County, Washington. Property Owner: Bush/Holland, LLC P.O. Box 1929 Vancouver, Washington 98668 Applicant: Faith Ivie Bush/Holland, LLC P.O. Box 1929 Vancouver, Washington 98668 Surveyor: Stratton Surveying & Mapping, PC 7525 W. Deschutes Place, Unit 1C Kennewick, WA 99336 ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER FILE NO: PVA 11-02/PLN-2011-00961 ---PAGE BREAK--- EXHIBIT A-1 Page 2 of 4 Approval Criteria: 1. Comprehensive Plan – Land Use 2. KMC Title 18 – Zoning 3. KMC Title 17 – Subdivisions 4. Washington State Environmental Policy Act PVA Key Application Processing Dates: Pre-Application/Feasibility Meeting N/A Application Submittal March 28, 2011 Determination of Completeness Issued March 28, 2011 Notice of Application Mailed April 6, 2011 Property Posting Sign March 28, 2011 City Department Review Meeting April 20, 2011 SEPA Threshold Determination Issued May 27, 2011 Date of Published Notice of Public Hearing June 26, 2011 Date of Mailed Notice of Public Hearing June 23, 2011 SEPA Appeal Period Ends June 17, 2011 Public Hearing Date July 11, 2011 Exhibits: A-1 Staff Report A-2 Application A-3 Notice of Application/Mailing List A-4 Vicinity Map A-5 Request to Continue with Hearing A-6 Plat Alteration Drawing A-7 Recorded Plat Drawing of Orchard Crest #4 A-8 Benton County Resolution Approving Orchard Crest #4 A-9 Benton County Decision to Deny the Alteration Request to Orchard Crest #4 A-10 Submittal from John Pringle A-11 SEPA Determination A-12 KID Comment Staff Analysis of Proposal & Discussion: The proposed Plat Alteration (PVA 11-02) is a request to combine portions of Tract A with Lots 29 and 30 and Lots 41 through 51, and combine Tract B with Lot 28. A portion of Tract A is proposed to be retained as an irrigation pond easement and be renamed Tract C. Tracts A & B were put in place during the plat process as a buffer between the residential lots and the adjacent high intensity agriculture operation to the south. A portion of Tract A also contains a drainage easement. The subdivision was approved by Benton County prior to the property being annexed into the City of Kennewick. Title 17 of the Kennewick Municipal Code regulates subdivisions. In particular Chapter 17.10 regulates platting and Chapter 17.16 contains regulations for plat vacation and alterations. ---PAGE BREAK--- EXHIBIT A-1 Page 3 of 4 Property History: 1. The subject parcel was located in Benton County when the Preliminary Plat of Orchard Crest Division 4 was approved by the Benton County Commissioners on September 13, 1999 (SUB 99-3). 2. November 19, 2003 Bush/Holland LLC submitted a request for a plat alteration while the property was still located in the County. The alteration request was to increase the size of lots 28, 29, 30 and 41 through 51 and reduce the size of Tract A (SA 03- 3. March 8, 2004 the Benton County Commissioners denied plat alteration #SA 03-1. 4. City Council approved Ordinance 5183 on June 19, 2007 which annexed the subject property into the City. The Benton County Planning Commissioners approved the preliminary plat of Orchard Crest Division 4 on September 13, 1999, and adopted the Benton County Planning Commission’s findings, facts and conclusions, and conditions. (See Exhibit A-8) It is staff’s opinion that the following are particularly relevant to the subject plat alteration request: 1. Finding & Conclusion “On May 28, 1999, the Planning Department issued a Mitigated Determination of Non-Significance under SEPA requiring: a) that to protect the health, safety, and welfare of persons occupying the proposed lots from potential impacts of existing adjacent high intensity agricultural operations, no residential structures or swimming pools requiring a permit shall be located any closer than 150 feet from the south property line of the proposed preliminary plat for lots 1,7 thru 18, and 29 or within 150 feet of the Southeast corner of Lot 31 for lots 30 thru 33 until the farming activity cease south of the plat; and b) there be a forty (40) foot buffer easement on each side of the storm drainage way.” 2. Finding & Conclusion #13, written testimony was provided by Dr. Allan Felsot regarding issues related to the use of pesticides near residences. Based on the written testimony, adjacent properties will periodically be exposed to pesticides due to 1) the use of pesticides on the adjacent orchard, 2) the chemical lift-off that will occur, and 3) prevailing winds in the area blowing south from the orchard to north towards the subdivision. Dr. Felsot’s expert opinion indicated that a 150 foot distance was adequate to protect bystanders. 3. Finding & Condition #15, “One of the intents of the Growth Management Act was the preservation of farmland”. 4. Condition of Approval #16, “That Tract be combined with lot 8 and Tract be identified as Tract That ownership of Tracts and be retained by the applicants and that a conservation covenant requiring the buffer to be maintained in a natural undeveloped state as a buffer to the adjacent agricultural operation and retained for future development if the farming activity south of the plat ceases”. On March 8, 2004 the Benton County Commissioners adopted the Benton County Planning Commission’s findings and conclusions and denied the subdivision alteration request (SA 03-01) of Orchard Crest #4 to combine Tracts A & B with adjacent residential lots. Finding and Conclusion #25 states, “No evidence has been presented as part of the SA 03-01 application process that there has been any change in circumstances or facts that would change our findings set forth above in connection with SUB 99-3. The reasons given by the applicant for the requested alteration were that the current developer and owner of Tracts A and B reside in Vancouver and it is difficult for it to maintain those tracts and to enforce its property right to exclude others from those tracts. We do not believe that these burdens of land ownership, which the applicant should have been able to foresee when it acquired the property and was aware of when it recorded the final plat containing Note 5, which fulfilled ---PAGE BREAK--- EXHIBIT A-1 Page 4 of 4 condition number 7 of the preliminary plat approval, are sufficient or legal reason for the proposed alteration”. Staff Recommendation: In the current Plat Alteration application the reason stated for the alteration request is, “the owners of Bush/Holland are getting up in years and they don’t want this natural area to go by the wayside when they are gone”. They also stated, “as we are located in Vancouver, Washington it is too hard to maintain the property and we have leased each portion to each corresponding lot”. There has been no evidence submitted that would change the findings and conclusions of the preliminary plat application (SUB 99-3) or the Alteration Request (SA 03-1). The orchard to the south is still continuing as an agricultural operation and per the letter from the owner, John Pringle (Exhibit A-10) there are no plans to discontinue the agricultural operation. The existing agricultural operation is located outside of the City of Kennewick’s Urban Growth Boundary so it is not possible for the City to provide utility service to that area which increases the likelihood that it will not be developed. There has been no evidence submitted that contradicts Dr. Felsot’s report (Exhibit A-10) and the need for a minimum 150-foot buffer to protect the residents. It is staff’s opinion that a buffer is necessary to provide provisions for public health, safety and welfare. The City of Kennewick hereby RECOMMENDS that Plat Alteration PVA 11-02 be DENIED. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED] ---PAGE BREAK--- pr'À nÐÀ prV -'aptl -y?ó/ CITY OF KENNEWICK PAID lüR 2I Iüt APPLICATION FOR PLAT VACATION / ALTERATIO Name of Applicant: Address: Telephone: Name of Plat: Parcel numbers of all parcels p6Æ A)rÐi:f Dertffi¿ F;r"nt T t'tlø s QtsaJ.- fl (ço*et5J 7æ¿-øte9:, n,L-, Reason for vacation / alteration: IbTs T1) srÈ.if: ?xætLy As ¿¡f-qi€ò ltu 1;A,¡6¿ürrù'Tb e"u C.oÍ\17á;PÒloùl1 làs q ¡!-otttLou> UJe.+et, A)otpq * 'loøna¡,¡ ér-fn*c.r44 þTo caeÆSpuÐ -T f rarS t AzruTn¿Ll Tö+? AÆ:t- ! tí*-r-' I ect¿J sttv<-v'JlÆ-V /n¿u 4,*J'oFALttt¿ hulLw to 7 ¡rg tuz, ' a t¿Q-- lvLAi Ëtft;r+ttæ- vÊ' ÞQÊ- sel)t q Po r-n l p ¡h4,* ò 4-ftc1+ o F, Ll Does proposal conform to re'corded covenants ? Yes { No (e;frtî.P ¿âqsr- f - n g,etT g) ¿¡.¡IYrù 1t -â¿>Jl'ftf ¿s ñDt¿-YoL\ If no. how does it differ? /yt//úrn¡-L rlmoctpl- t-h)tcrt -fÆf Êl/ {Ít+'z- TPWLA) lire( KUp-, 'ltg¿yj C*-t-t N.ùL)ùz- aa ,T oe- aeQ Sr"-6'4rWZ';7 ? F 74)t¡ n lö¡-tr ¿lcmr t5 Q of fi+velr rÈ2ç b qfÇ 2<-i *1,o* /vaÈ+ts¡ ¿rtitl É- t t Ou.) pt/6 ¿n Tn-/ i s KAC 10-16-100 îhe, D u),ue,^.9 øo*t/pr/*,¡ 4-/LZ g,al¡¿ tteT PAGE2 1 { kT' D" ,c,n{ Tt-l rs ¿rln¡ u.,L ' ¿r:+1s'tD'¿- u>hat) 'HE-f,.ç€s, 9az;t- 4S ? s-ié EXHIBIT A-2 1 of 3 ---PAGE BREAK--- CITY OF KENNEWICK SIGNATURE PAGE FOR ACKNOWLEDGEMENT OF COVENANT VIOLATION PLAT VACATION / ALTERATION We, the owners of parcels located within Õ t¿S*çPj. C? 8T 4 50 , i.57 n ¡:L'f I hereby, acknowledge that the covenants for said plat vacation [plteratiq¡, will be_ 2 ¡ ) t a [*MJ) violatéd bythis proþosal and have no objection. 'CÒV8/¿ãö5 t'^-ii/ þaT- w' '¿ra'rrí*c signature Owner Signature I'f¿ef us A t?i.rsrf- Printed Name Address City State City State KAC 10-r6-100 1197 PAGE 3 Rev l2l4l09 EXHIBIT A-2 2 of 3 ---PAGE BREAK--- CIry OF KENNEWICK SIGNATURE PAGE FOR PLAT VACATION / ALTERATION We, the owners of parcels located within 1 g have reviewed the proposal and agree to its submittal for legislative action -a7^r¿4' ( Owpf signaturè¿ +ßùs* Owner Signature Printed Name City State KAC 10-16-100 II91 PAGE 4 R.ev l2l4l09 EXHIBIT A-2 3 of 3 ---PAGE BREAK--- K NOTIFICATION OF MAILING cop¡es of r! PVA 11-02 PLN-201 1-00961 5321 S. CASCADE pr. PLAT ALTERATION ORCHARD CREST NO.4 BUSH HOLLAND LLC Mailed fiun as shown on the attached list. ?L/ft lllt¿ EXHIBIT A-3 1 of 6 ---PAGE BREAK--- 37 g7 37 1-2489-107-0000-024 ROBERT & KELLY KARR 5205 S. AUBURN PL KENNEWICK, WA 99337 KENNE\MIGK_IA PVA 11-02 PLN-201 1-00961 5321 S. CASCADE PL. PLAT ALTERATION ORCHARD CREST NO. 4 BUSH HOLLAND LLC 37 1 -2489-1 07-0000-003 KEITH ROY & ALISON CHRISTINE GEBERS 5312 S. CASCADE PL KENNEWICK, WA 99337 37 1-2489-107-0000-006 GARY & BEVIN JONAS 5214 S. CASCADE PL KENNEWICK, WA 99337 37 1-2489-107-0000-009 GREGF&CAROLABRANDNER 3OO W. 52ND AVE KENNEWICK. WA 99337 37 1-2489-107-0000-0'12 RICHARD R & ELVA A RISINGER 234w. s2"o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-015 ROBERT W & MICHELLE INMAN 222w. s2ND AVE KENNEWICK, WA 99337 37 1-2489-107-0000-018 PETER P & STEPHANIE M SANTOS 212w. s2to AVE KENNEWICK, WA 99337 37 1-2489-107-0000-021 LEWIS J & D LOMMERS 104 w. s2to AVE KENNEWICK, WA 99337 37 1-2489-107-0000-027 ROBERT E & JEAN M ALEXANDER 37 1-2489-107-0000-001 NICOLE M PETERSEN 5324 S. CASCADE P- KENNEWICK, WA 99336 37 1 -1 -2489-1 0 7-0000-004 THOMAS E STRIDE 5306 S. CASCADE PL KENNEWICK. WA 99337 37 1-2489-107-0000-007 GARRETT H RENZ 5208 S. CASCADE P- KENNEWICK, WA 99337 37 1-2489-107-0000-010 ANGELA C EVANS 24ow.52to AVE KENNEWICK, WA 99337 37 1-2489-107-0000-01 3 JILL THORNBURG 230 w. s2*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-016 MICHAEL P & ANITA B MCDANIEL 22ow.52*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-019 MARKR&JULIERPINK 2o4w. s2*o AVE KENNEWICK. WA 99337 37 1-2489-107-OOOO-022 LUISA&ANAGCIRILO l oo w. s2"o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-028 JASAONC&KRISTI RKEVAN 37 1-2489-107-0000-002 DAVID E & JANET E ROBERTSON 5318 S. CASCADE PL KENNEWICK. WA 99337 37 1-2489-107-0000-005 RODNEY E HANSEN 53OO S. CASCADE PL KENNEWICK, WA 99337 37 1-2489-107-0000-008 JASONW&ROSEMERRI GUIN 52025, CASCADE PL KENNEWICK, WA 99337 37 1-2489-107-0000-0'1 1 TIMOTHY E DICKERSON 238 w. s2*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-01 4 ROBERTL&MEGANEPALMER 226w. s2*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-01 7 GUY & BROOKE RODRIGUEZ 2i 6 w. s2*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-020 LUCAS R & JACQUELINE T IVES 110 w. s2*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-023 DANIELK&AMYMGOODRICH 91 w. s2*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-029 RUSSEL S & SUSAN M MENDENHALL 5215 s. AUBURN PL 5221 s- AUBURN PL T27s' AUBUR\rPL KENNEWICK, WA 99337 KENNEWICK, WA 99337 KENNEWICK. WA 99337 EXHIBIT A-3 2 of 6 ---PAGE BREAK--- 37 1-2489-107-0000-030 MICAEL P & BILLIE R BOWERS 5228 S AUBURN PL KENNEWICK. WA 99337 37 1-2489-107-0000-033 RICHARD & LISA HEMPEL 5214 S. AUBURN PL KENNEWICK, WA 99337 37 1-2489-107-0000-036 WADEA&STACIELURBAN 2O1W.53RD AVE KENNEWICK, WA 99337 37 1-2489-107-0000-039 JASON E SHIFLETT 2O7 W.53RD AVE KENNEWICK, WA 99337 37 1-2489-107-0000-042 DAVID&JULIANNEECOLBY 21gW.53RD AVE KENNEWICK. WA 99337 37 1-2489-107-0000-045 ANTHONY S & DEANA M REIBOLT 22gW.53RD AVE KENNEWICK, WA 99337 37 1-2489-107-0000-048 CHRISTOPHER M DAY & KAREN WINZELL 239 W. 53RD AVE KENNEWICK, WA 99337 37 I -2489-1 07-0000-051 BENNY T & DEBRA J BALLANDBY 5303 S CASCADE PL KENNEWICK, WA 99337 37 1-2489-107-0000-054 RON &JUDY MAHAN 5201 S. CASCADE PL 37 1-2489-107-0000-03'1 DAVID J BRANDT 5224 S. AUBURN PL KENNEWICK, WA 99337 37 1-2489-107-0000-034 LAURIE R SCHOFFSTALL 5210 S. AUBURN PL KENNEWICK. WA 99337 37 1-2489-107-0000-037 WARRENR&ANNETTECHULL 203 W. 53RD AVE KENNEWICK. WA 99337 37 1-2489-1 07-0000-040 RICHARDG&PATTI GDAVIS 211w.53*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-043 ROGER B & MARCIA L ANGLESEY 223w. s3*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-046 ARIKT&ANGELACASASSA 231w. s3*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-049 RICHARD & LISA LINN BEASON 243w.53*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-052 JESSE JE TORRES 52,13 S. CASCADE PL KENNEWICK, WA 99337 37 1-2489-107-0000-055 CAROL MARIE ELLS 24i w. s2"o AVE KENNEWICK, WA 99337 37 1 -2489-1 07-0000-032 JOHN & SHANNON FETTEROLF 5220 S. AUBURN PL KENNEWICK. WA 99337 37 1-2489-1 07-0000-035 RUBEN&HELENEMARTINEZ 5204 S. AUBURN PL KENNEWICK, WA 99337 37 1-2489-107-0000-038 ROLAND JOHNSON & MICHELLE IVES- JOHNSON 2os w s3*o AVE KENNEWICK. WA 99337 37 1-2489-107-0000-041 JAMES B & NANCY J CRAIG TRUSTEES 215 w. 53*o AVE KENNEWICK. WA 99337 37 1 -2489-1 07-0000-044 DAVIDM&TONIAPATTON 225w. s3*o AVE KENNEWICK. WA 99337 KENNEWICK, WA 99337 37 1 -2489-1 07-0000-047 JOSHUADDOWNS&JOLENE BENEDICT-SMITH 23s w. 53*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-050 AUSTIN R METZ 249w.53*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-053 KEVINP&NICHOLEMALLEN 5207 S. CASCADE PL KENNEWICK, WA 99337 37 1-2489-107-0000-056 JOSHUAA&SARAHMMURPHY 237 w.52*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-057 37 1-2489-107-0000-058 JEREMY & BRANDI DIMOND 37 1-2489-107-0000-059 RAFAELQ&SANDRAGARCIA 235 w. s2*u AVE 233 w. s2*o AVE 22gw. sz*oTVE KENNEWICK, WA 99337 KENNEWICK. WA 99337 KENNEWICK. WA 99337 EXHIBIT A-3 3 of 6 ---PAGE BREAK--- 37 37 37 1-2489-107-0000-060 1 -2489-107-0000-061 1-2489-107-0000-062 JEFF &JENNIFER E HENNESSEY TIMOTHYC&STEPHANIE L DOHERTY BRYAN J & NAOMI J CARDINAL 22sw. s2to AVE 221w.52to AVE 2i3w. s2*o AVE KENNEWICK, WA 99337 KENNEWICK, WA 99337 KENNEWICK, WA 99337 37 37 37 1-2489-107-0000-063 1-2489-107-0000-064 1-2489-107-0000-065 ROBERT L &AIMEE M DILGER IVAN ROBERTG& MICHELLE M MCMILLEN 204w.53*o AVE 206 w. s3*o AVE 21ow. s3*o AVE KENNEWTCK, WA 99337 KENNEWICK, WA 99337 KENNEWICK, WA 99337 37 37 37 1-2489-107-0000-066 1-2489-107-0000-067 1-2489-107-0000-068 JASON LEE & ALISON L HASENOEHRL SAMUEL D & GLORIA S BOND TROY A CURTIS 214w. s3RD AVE 21gw. s3RD AVE 222w. s3*o AVE KENNEWICK, WA 99337 KENNEWTCK, WA 99337 KENNEWICK, WA 99337 37 1-2489-107-0000-069 224W.53RD AVE KENNEWICK, WA 99337 37 1-2489-107-0000-070 22Bw. s3*o AVE KENNEWICK, WA 99337 37 1-2489-107-0000-071 232w. s3^o AVE KENNEWICK, WA 99337 JOHN C&ANTONETTE M FULTON DUANEA& KESLER JACOB E &AMYJ HENDRICKSON 37 37 37 1-2489-107-0000-072 1-2489-j07-0000-O7e 1 -2489-107-0000-074 RYAN T & BONNIE K BENNETT JONATHANT&STEPHANNIEKHUGHES ROBERT C CALVERT 24ow. s3*o AVE 244w. s3*o AVE 236 w. s3*o AVE KENNEWTCK, WA 99332 KENNEWICK, WA 99337 KENNEWTCK, WA 99337 37 1-2489-107-0001 -000 BUSH HOLLAND LLC PO BOX 1929 VANCOUVER. WA 98668 EXHIBIT A-3 4 of 6 ---PAGE BREAK--- NOTICE OF APPLICATION Map on Back Proposal: An application for a plat alteration for Orchard Crest #4 has been submitted by Faith lvie of Bush/Holland, LLC (P.O. Box 1929, Vancouver, WA 98668). The site is located east of S. Garfield Street, and south of W. 53' Avenue. The alteration request is to combine a portion of a 6.06 acre tract, Tract A, with lots 29, 30 and lots 41 through 51, and combine Tract B with lot 28. Tracts A & B are currently a buffer between the residential lots and the orchard to the south. The site is currently zoned Residential Low Density District (RL), and the Comprehensive Plan designation is Low Density Residential. The file number is PVA 1142. Open Record Hearing: The City of Kennewick Hearing Examiner will conduct an open record hearing at 6:00 p.m. on July ll, 2011 in the Council Chambers in Kennewick City Hall at210 W. 6'Avenue, Kennewick, WA 99336. Testimony will be taken at this meeting. The Hearing Examiner is expected to make a decision following this meeting. Public Gomment Period: You may submit comments at any time until June 28, 2011, before 4:30 p.m. Comments submitted on or before June 28, 20ll will be included in the Hearing Examine/s meeting packet. lf you have questions on the proposal, contact Wes Romine, Development Services Manager at (509) 5854558 or via e-mail at [EMAIL REDACTED]. Environmental Documents and/or Studies Applicable to this Study: Environmental Determination No. 11-13. A Determination of Non-Significance was issued forthis project on May 27,2011. The time for appealing SEPA issues is twenty-one (21) days from the issue date. Contact Gregory McCormick, City of Kennewick Planning Director, to request procedures for SEPA appeals. Determination of Gompleteness: The application was declared complete on March 28,2011 for the purpose of processing. Project Permits Associated with this Proposal: None Preliminary Determination of Regulations Used for Project Mitigation: Title 18 (Zoning), Title 17 (Subdivision) of the Kennewick Munícipal Code and the land use policies contained in the Kennewick Comprehensive Plan. Estimated Date of Decision: Within 10 calendar days of the Hearing date, July 11 ,2011 . To Receive Notification of the Decision and/or the Environmental Determination: Contact the Development Services Division at210 W. 6th Avenue, Kennewick, WA 99336 or via telephone at (5Og) 5854280. Appeal: Any person aggrieved by the decision of the Kennewick Hearing Examiner on this proposal may appeal to the Superior Court of Benton County within twenty-one (21) days of the date of decision. Wes Romine, Development Services Manager The City of Kennewick welcomes full participation in public meetings by all cit¡zens and does not discriminate on the basis of disability, pursuant to the requirements of the American with Disabil¡t¡es Act of 1990, pub. L 1 01-336. No qualif¡ed individual with a disability shall be excluded or denied the benefìt of participating in such meetings. lf you wish to use auxiliary aids or require assistance to comment at th¡s public meeting, please contact the City of Kennewick, Wes Romine, Development Services Department at (509) 585-4558 or TDD (509) 585-4425 or through the Washington Relay Service Center TTY aI #711 at least ten days prior to the date of the meeting to make arrangements for spec¡al needs. 210 W . Sixth Avenue / PO Box 6108. Kennewick WA 99336 EXHIBIT A-3 5 of 6 ---PAGE BREAK--- Vicinity Map +oo rt EEIÉ 1 : 4801 lin : 400.08ft This plan is suitable for informational use only. City of Kennewick accepts no l¡ability for any error whatsoever. Produced by CITY\wesr 14:30 4/5/20U EXHIBIT A-3 6 of 6 ---PAGE BREAK--- 400 ft 1 : 4801 1in : 400.08ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\wesr 14:30 4/5/2011 Vicinity Map EXHIBIT A-4 1 of 1 Area of Plat Alteration PVA 11-02 ---PAGE BREAK--- Taseca Homes Inc. P.O, Box tgz.g Vaneo¡rvern'W'A", 9S668 FAX TRANSIT,IfSSION Date: To: ù Fax Number:. I Flom:'Iaseæa Homes Inc,¡ FaÍth lvie Faith's Cell¡ (góo) gzta+og Our Faxr g6o-e6o-g74o N¡¡mber of pages induding fax cover- ß*ni //a//4-7Ø Lk- Fhtr+ tUfz TqÊ."* Hornee þø, Mail to po, 1929, váneou'er, 'úilÂ.gs66gr 36o-z6o-g740 FAx EXHIBIT A-5 1 of 1 ---PAGE BREAK--- PROPOSED ALTERATION TO THE FINAL PLAT OF: (Drr ürù (Lr$t Ato. 4 s. 1/2 oF THE N.E. 1 slc. BENTON COUNTY. 24, r.8 R.29 WASHINGTON 45'TH AVE \rr ìrrl I'rl I' LOI \ a LOf 22 \ VICINITY SKETCH NOf TO SCALE Q \ ll l1 /a Lof a ) F s q E È r:ì l= tÞlr 1 I I z f._!!RD AVE. NE8'44 54"W THIS DRATIING DEPICTS THE PROPOSED CHANGES TO IHE PLAT OF ORCHARD CREST NO, 4 CHANGES WLL BE MADE BY PLAT ALTERAIION' ØÀ É3 z-et to IRICT B (OLO) FOUND 5/E" REBAR MARKED WORLEY >9 c3 FOUND BRASS CAP DESCRIPTION Iõ-rs ¿t unoucs 51, Lots 28 THRoUGH 30, IRACT A AND TRACT B OF THE PLAT OF ORCHARD CREST NO. 4 RECORDED IN VOLUME 15 OF PLATS Af PAGE 176 RECOROS OF BENTON COUNfY, WASHINGTON. LINE IABLE LNE ENGTH EEARI NG 48 24 L] 50 3ç N54'26 0J L 5J J: N6619 50 L N88'44 54 l\ L( 29 4\ N00 03 53 E L-7 09t sr4'10 47 t CURVE TABLE CUR VL I ENGTH RAD US cHol CHORD BEARING 10 3 00 9E s22't5 43 v 01 t 60 0( 320 NO8'1 4 53 t 31'01 21 c 60 0( 1140J sa4'23 l4 E 5 c4 69 60 0( 65 5! 20'35 52 W 66'1 5 47 c 2t )6 0( 2E N67'1 5 2'5r JE CT 89 0. 226 a8 4€ N79'57'59't 22'34 15 c 526 a6 0c 5) 44 sao'JE 40 r 16',12 29 644 186 0C 411 s62 J7 05 t 19 50 40 24.2-. nv 20 0c sa6'48 5a $ 226 0a N48'57 0E t c 226 00 N71'24 49 f J94 cI2 t74 0( 21 4/ 24 c1: 0( zl s45'03'54"V 20'J6 r5 2a 2t 90'oo 02 SCALE l-=100' o' loo' 2qo' 300' .Æ BASIS OF BEARING PLAI OF ORCHARD CREST NO 4 EOUIPMENl USED A ÍHREE-SECONO TOTAL STATION IOPCON HIPER RfK GPS PLÀSÍIC CAP W PLASTIC CAP B.O.B. = BASIS OF BEARING Ø = BÚILDING ORCHARD CRESÏ NO 4 PLAI LINE î;_Ëï{ Lor 16 t - /tot 3ot - J6,r6E SF (eO) /-52,OJJ SF (NEW ; zøtgu¡ sr (oro) I rRAcr a (ÈD) 12,5s4 sF (NEw) 30 'RATTON SUNVENNG E PC W DESCHUTES PL UNIT 1C KENNEWCK. WA 99356 (s09) 735-7364 FAX: (509) 735-6560 SHT. I OF I ,oe r 3058 EXHIBIT A-6 1 of 1 ---PAGE BREAK--- Date: 41512011 V t5 t?6 ? DESCRIPTION A.F.#2002-OO22J7 A[ ilAT POFIìON ffE PUIS OF CAR PHAst l, oRfrÀRD I iltRE prers, p¡ce ll i J¿lîrã, BEGINN¡NG AT rHE souilu,€sr cffiNER-oF THE NoRrHEAsl ouÆïER oF sAD 24¡ HENCE NoRrN o0.ff.46- EAsr 1209J FET; THENCE souil a956 t4- FAsr :ro-oo FtLr ro ilE vdir-sön-r.aiv cocNFR G Lor r ff frE sÅrD pur G trGÀRD .RLSï pHÂst r: ßENCE aLoNG frE eoutbräi öËäró"Ëüli¡i *E FaLowNc couRss No DrsraHcLs: Nffifr 4619'42" EASI 165Ot FEEI¡ sruTH 89'56'57'E^Sr. NORTH OOîJ'OJ- EAST, NMIH ffIO'44'EASI Nffiil 77S'28- EASÌ, NffitH 1619'42- EASI, NORff 43.{'la. ltEsT, NGIH fiI9'42" EÁST, soJrH 4J'{o1E' EAST. 12s_oo EEt so¡JìH $10'23- EÂST, tm.64 FEEI: NORÌH 69.50'57- E¡SL lll.ss Nmt J35414- EÁSt 176.66 FEET: NmlH +J.4O'la'$tESl, toJ-Jo FEEI NENCE ALONC HE SOUIHERLY UNE OF SAD MCHARO CRESI PHASE 2 ilE FOLIOHNG CilRSES AND üSTÂNGS: Bs'J602- EASI 418s FEEI souB 0025'5A' wÉsÌ, 24.41 EEt SOIJTH 42'J5'2I- EÁSf, IJJ.IJ FEEI: sflH 87549'EASI 162-00 ET; NmTH 50ü'07- EAST, r34€ FEEÌ NORIH 0417'27' wESt. 2OJ66 FEETi 'HENG ÁLONG IHE SOUHERLY IJNE ffi SAID ORCHARD CREST PHASE J HE FOIO$NG COURSES AND OISTANCES: SdJIH 72'Y'59- EAST 270.4f, FEEÌ souTH 0023'59' 30.00 FEET; $Un 5517'23' EASÌ 166 50 FEET; NORH 76'13'52'EASI 228J0 FEET, MORE OR TfSS. IO THE EASÍ IJNE G SAD S€CIOòI 24: ilENCE Silff !,ffÈ.i';#'i i.:Ìi3j":Êi"*Á.llil*.'"f'TB'êiffiL:lh?-Fli** 88.45,41. $Es, FXCEPI IHE TESI 30 FEEI DEEOEO TO. B€N-TON CdJNÌ Fffi ROAD PURPOSES BY INSIRUMÛ.{T REcoRoÐ rNE J. rs76 uNoã ^uorroRs HLr ro. zci¡es-s iËòôdo! ói3iró courrv. "r i iil FINAL PLAT OF ïHE N E 1/4, SEC. 24, T.8 R.29 BENTON COUNTY, WASHINGTON s. 1/2 OF W.M SHEEI INDEX E N4519',42"E 52.OO P60 EÀSUSÌ LEGEND ô = SET 5/6- REÄR V ì€LrOw ptAS.tìC C^p MARIz I 0.050 SO n_ l2rDj t s'Lor I \ì to,ooz sq. rr 9o ro.ooo so. rt / .åt ut I rs.¡br so. rr S:S LOT 5E to.t4l so. FT LOT 54 12.099 SO Ft LOT 57 10,æ0 so. FT.,/ ?.a,Ís214) i;yi:,t ,o,w so rr.,4 L5Jo0) /À / È Lor] 75 401 74 10,675 S0 Ff, [244] LOT 4 r0,0@ so. FT_ J ro.om s0. Ft- ) - lsJ1zl LOT 49 ro,000 50 FT. [24i] TtutTTolv SARTEYTNC FEE NO ¿æ r 5058 Title: N:\lmages\Long-Plats\O\ORCHARD CREST NUMBER 4.taf EXHIBIT A-7 1 of 4 ---PAGE BREAK--- Date: 41512011 Time :02:29:49 PIV f.tw T+ '>;äi+Ç THE FINAL PLAÏ OF FOUND 5,/8' (Drrh¡rò (trÆt No. 4 F . la ar rHE N.E 1/4, SEC. BENTON COUNTY. 24. r.8 R.29 WM. WASHINGTON REBAR OIN x ú2E 8.;.e SHEET INDEX rnii'io-' Eg "sî,\ ìo utL[Y Egl e \ Y=t rÈ / PLAT CLOSURE - Eq-T R SCAÉ l' - 60' _ - TRACT A 26f,,97t SO FT. 6 06 ACRES 0 60 t20 r80 LEGEND o - SET 5,/8- REBAR V ìEIIOW PLASIìC CAP MARKED -S]RÂTTON I4I2O. o - SET tEAD,/fAû( a = FOUND 5Æ' REBAR El.IOlY PtÀSr¡C cr ÍAR1 f' È5 tì LOT 21 55,717 SQ Ft Iro4] t r-or rò LOT 18 2t,000 sQ- FT l2t2' ;l il '"1tt,l tt'Iri LOT 19 57,064 SO FT. [:c4 ] 13,787 S0 FT LOT 58 19,5EO SO FT [2os] LOT 34 17.152 SO fr. [521 o] LOT 59 20.296 SO FT. l2otl LOT 23 15.78J SO. FT. I [s2or] - r -i LOT 40 20.955 SO FT. 12111 e( \ 2r,0å1 so. FT. I \ ls2osl Y/ I 27.45e se. n. +o)S2o.- I LOT 41 26,939 SO. FT. [215] LOI 32 19,694 SQ FT. 1522o) LOT 42 LOT Jl t8.7r9 SO Fr. Is2?4] ítË , Gr a' LOT 50 , r' J6.16E so. FT, I 522a1 LoT 2E 20,9a2 so. Fr LOï 29 2J,182 SQ FT. [5227] ?TÙV .SARTIEYTNC & W. DESGIUÎES PL UNIT IC KEilNEYtfi, WA 99536 (509) 7J5-7J64 FAX: (5os) 71F6560 ¡os r 5058 I j =P Þ3 5 Ë Title: N:\lmages\Long-Plats\O\ORCHARD CREST NUMBER 4-2.ffi EXHIBIT A-7 2 of 4 ---PAGE BREAK--- Date: 41512011 Y eh V t6 7 FINAL PLAT OF S 1/2 OF THE N.E. 1/4, SEC. BENTON COUNTY, 24, r.8 R.29 W.M. WASHINGTON DEDICATION frE UNoERSIGI,IED, HffiEBY CERÍIFY IHAI \1,E ARE ALL PARIES HAVNG O$.¡ERSI{IP INTERESÍ lN -fHE IR^CT OF LÂND oESCRIB€D HEREoN; HA\E Gl\€N OUR FRE CilS€Nf ANO IN ACCOROANCE III'TH OUR DESIRES CAUSED SAID LÁND IO AE SURWYED AND PLAIED INÎO LOß. IRACTS AND ROADS AS SOR HEREON UNDER fHE NAME 0F ORCHARD CREST No 4; Do HEREBY GRANT ALL EASEMENTS SHOH HEREOI{ FoR fHE USES SHOVTN HEREoN; Do HEREBY DEDICAfE AI.I ROAD RICHI OF WÄYS TO NE PUzuCj AND DO HEREBY WAIVE ON BEHAF OF CIJRSELVES ND dR IN IN]ËRESI ALL CHMS Fffi DAMAGE AGAINSI EENTON COUNTY M ANY OilER GOWRNMENTAL ÀUflOR VÈIICH MÁY æCÀSIONED TO ÌHE LAND ÄDJÄCENT IO OEDICA'IED ROAD RIGHI OF I{AYS AY ÈE ESTÂBLISHED CONSIRUC-NOì¿. DRAINÁG€ ÁND MAINENÀNæ OF SAID DÐIC¡EO ROÀD RICHI G WÁE NIñTtrC. 1 NO MAN MADE SLOPES ON PROPERTES SAII EXCEED A RATIO Of 2 FEfl HffiIZONIAL RUN IO 1 FOOT VERÎCAL RISÊ, UNLESS ITIE S]E PLAN HAS EEEN APPROVED BY]HE BENTON COUNTY EUILDINC OFICIAL IN ffiIG REIÀNIIG WALLS OR SMILAR S]RUCruRES ARE USED FOR BANX STABIUZATION 2. NO DRIVEWAYS SHAI EJ(CEED A SLOPE OF 14X FRO}J PROPERIY LINE AT IHE CIRB LEVEL HEIGHI TO PÂRKING SPACI, ALL LOTS MUSI MAKE ADEO{JAIE PROMSION OF SIE DRAINAGE AS APPROVED BY IHE BFNTON COUNTY SUILOINC OfNCIil 3- ÌHERE SHI BE NO DIRECT ACCESS MOM ANY LOI ONTO S. GMNEID SIREEI 4 GRADING ANO CI.EARING WLL NOT BE ALLOì¡TID WN¡N 'IHE DRAINÀGE WAY OR DRAÍNAGE WAY BUFFER Ô\ER LOIS 22. Jû 44, AND TRACI À ÌHE DRAINÁG€ WAY ÀNO DRAINAGE WAY BUFFER trILL BE LEFT IN ITS NAIURAL SIAIE ANO I{LL AE VAINTÁINEO BY EACH INDIMDL'ÂL LOT OMER- 5 ÌRACTS A AND B SHALL BE REIAINED BY THE APPLICANTS SJB'ECT IO A CONSERVÀTON COVENANT REOIIRING lHEAUFFER-r0 BE MÄlNTÁlNÐ lN A NÀIURAL UNDE\,ELOPED STAIE,{S A BUFFER TO ÌHE ÁDJAMT HIGH IN'ÍENS¡TY AGRICULruRAL OPERATION AND RETAINED FOR FU1URE DEVELOPMENT IN fHE FARNING IMMEDIAÎELY SdTH OF IHE PLAT CEASES. 6. ]RÀCI A HÀS NO WAÌB RIG}IT. 7. DUE'TO NE URGE AMilNT OF NON-IRRIGABI UND ìIITHIN 'ÍHIS PLAÍ A[ LO'Ts ffiE ENTUD fo oNLY a 3/4' SERVìCE INCLUDING ilOSE LOß ilAt ÆE OVtR I AffiE tN SZE APPROVALS IHE PUI -ORCTIÁRD CREST NO. IS HEREBY APPROVED BY AND FOR BENToiI CÚUNIY, BUSH HOLLAND, L.L-C. 47r"--r--t", z F-n M.ORRIS A, BUSH. MilBER' t-'7-Ô2 DAE s-2- Òz- DAE BANK OF CLARK COUNTY . rhÊ-=7- ')at r/rr/oz- CHAIRMAN. BENIOT{ COUNII PLANNING COMMISSIM DAÌE 6- 3- 2oo<- DA]E I CERIIFY]HAT I KNOW OR HAE SA'TISFÁCfORY EVDENCE üAI MORRIS A. BUSH ISÌHE PERSON Y'IIO ÀPPEARED BFffiE ME, ANO SAID PERSON AO L,rCò I9rrçU/ uv vu rrLt}Jrurtte EXHIBIT A-10 Page 72 of 78 ---PAGE BREAK--- the adverse conditions and allow us to find that adequate provisions have been made for the public health, safety and general we.l-fare or to find that the plat would be in the pubJ-ic's ì-raqÈ i nloresl UçO U 42. we find that the assertlon regarding a required loss of 2I-30 lots to mitigate the problems is not reasonable or necessarily accurate. The plat conceivabl-y could be redesigned in a number of ways that could ad.dress the identified problems without eI j-minating that many, if ânY, Iots ' 43. We find the proposed use, as designed' is not compatible with the existì-ng agricultural uses to the south' 44. We f ind that the proposed prelimj-nary plat ìs consistent with the comprehensive PIan's desì-gnation of the site as suitable residential use/ but that the plat, âs designed, ls not consistent with our policies in the comprehensive Plan regarding incompatible adjacent agricuJ-tural and residential 45.WefindLhatad'¡acentpropertyownershaveexpressed concern regarding the design of the proposed plat due to health' safety and welfare concerns for both themsel-ves and the future residents of the Site. 46.Wefindthattheproposedpreliminaryp].atcontainsthe rnformatron required and rs rn proper form under Benton county Code 9.08.034. - 19 EXHIBIT A-10 Page 73 of 78 ---PAGE BREAK--- 41. We find the proposed use of the Site as residential is consistent with Titl-e 11 of the Benton County Code- 48. The Benton County Planning Commission recommended denial of the Applicant's proposed preliminary plat because of concerns for the public's health, safety and wel-fare, based on the testimony presented regarding safety, noise, pesticides, and inadequate setbacks as desj-gned. The Planning Commission further rê.rì'reslecì lhaf the Annl i cants return to the Planning Commission ! uYuuJ LUs with a redesigned plat for consideration. 49 " Any conclusion of law which should be deemed a finding of fact is hereby adopted as such. From these findings, the Board of County comes to these CONCLUSIONS OF I,AW 1 - This Board has iurisdiction to render a decisÍon as to whether or not to approve the Applicants' proposed preliminary ^l ¡ PrqL. 2. Under RCW 58.1'7.IL), we are not allowed to approve a nrcl iminarv nlat unl-ess we are able to find that it .o.rtur-.t" a) adequate provisions for the pubJ-ic health, safety and generaJ- welfare; or b) the public use and interest will be served by the of such subdivision. Property owners therefore do not have any absolute to receive plat approvaì simpìy because rhoìr is zonecl for resrdential use. Property owners are -zu EXHIBIT A-10 Page 74 of 78 ---PAGE BREAK--- required bY law of their Plats to make reasonable accommodations in the design to address problems stemming from adlacent incompatible, legal- uses. 3. Consistent with RCW 58.1't.Ilo, the Benton county nì --n.ina r-nmmission is authorized under Benton County Code r I vvrlurr. section 9.08.014 to reconmend denial of a prelimj-nary plat that does not make adequate provisions for public health, safety and general welfare t ot if it finds a plat will not serve the public use and interest. This code provis j-on is also j-dentif ied under the county,s SEPA ordinances as a poJ-i-cy under which a SEPA decision maY be based. 4. The State Environmental- PoJ-icy Act' RCW 43'2IC' provides separate and independent authority to deny or condition approval of preJ-ì-minary plats based on environmental impacts that wil-l- exist rf the proposed plat is approved. The SEPA provisions d.o not supersede or replace other Iaws or reguJ-ations, including RCW 5B.1l.IIO, but are intended to provide supplemental authority in certain instances - 5. We therefore agree with Ms. Bremer's legaJ- conclusion that the PJ-anning Commission had authorrty to address the ISsues raised and make its reconmendation without requesting that the planning Director review his sEPA determination. we further conclud.e that, âÌthough this Board has authority to request a review of the threshoLd determination and re-open the SEPA ZL EXHIBIT A-10 Page 75 of 78 ---PAGE BREAK--- anal-ysis, given the testimony received we need not do so prior to denying this plat because of the independent authority to deny this plat under RCW 58.17.110. 6. We disagree with the J-ega1 conclusion of the Applicants' counsel that we have no authority to regulate the use of their property because the initial source of any health, safety or qeneral welfare problems for any future residents of the subdivisj-on wilI emanate from neighboring property. Vie have found that the design of the proposed preliminary plat will- resul-t in and contribute to health, safety and welfare risks to some of its future residents, and we conclude that we not only have the authority, but are obligated under RCW 58.11-.II0 to deny t_his nlat a.s il is rìesioncd. ÇIII J FTq L 1. The future purchasers of the lots containing the proposed popJ-ar and conj-fer trees would have no duty to care for or maintain those trees on their property. B. Because this proposed plat does not make adequate ^-nr¡ìqinnq fnr. lha Ì..^-rFla wel-fare and vlv w j-IeaILIÌ/ SdleLy dilL'r 9srrElaf would not be in the publj-c's interest and we have touàO that no -À^a,,rr-¿ milioalion mea.S¡fes âre nôSSìhll. rrnrìor lho nfOpOSed dLIeqUdLg l[t.Ll-I c¡!ç r desrgn, we conclude that we must deny the plat - This Board is not Iegal-ly obligated to decide how the Applicants should redesign their proposal . We have identrf led the probÌems, and ts not only incumbent upon the Applicants, but it is in therr - zz EXHIBIT A-10 Page 76 of 78 ---PAGE BREAK--- best interests to decide for themsel-ves how best to address the problems. g. For several- reasons, w€ disagree with the Applicant's legal concl-usion that we cannot consider the potential effects of pesticide movement when considering their pJ'at ' The case law cited by Appticants to support their arg'ument is dístinguishable on severa.I grounds and does not preclude the consideration of heal-th and Safety concerns due to potential pesticide movement ' Furthermore, Applicants' do not arque that such case ]-aw precludes the consideration of our findj-ngs regarding norse/ smoke, dust, smells or other annoylnq and perhaps unhealthy cond.itions that we believe are independently sufficient grounds for our decision. 10. General community diSpJ-eaSUre, potential economic impact to an adjacent property and an inconsistency with a comprehensive plan are not per Se reasons to deny a subdivision and our decision is not based on such considerations ' 11. Any Finding of Fact which should be deemed a of Law is herebY adoPted as such. From these concl-usions, this Board enters this DECISION Based on the Findings and conclusions stated above, this Board concurs with recom.mendation of the PIann:.ng Commission and denies suB g6-2 by the Applicants, because we cannot -23 EXHIBIT A-10 Page 77 of 78 ---PAGE BREAK--- find or concl-ude that the proposed plat makes adequate provisions for the health, safety and generaL welfare of its future resrdents or that the public interest would be served by this plat. This decj-sion should not be construed to mean that we believe a subdj-vision is an inappropriate use of the Site or that a plat desrgned Ín a manner to make adequate provisÍons for health, safety and welfare would not be approved' Dated this fl+e day of November' rggl ' Member Constitutíng Benton CountY the Board of Commi s s ioners Arres o,(a.Mr 2e, ULl er LY+" -tf"¿ Bo a,rW. Cha:-rman Chairman Pro Tem -24 EXHIBIT A-10 Page 78 of 78 ---PAGE BREAK--- ED# 11-13 May 27, 2011 RE: ED #1 1-13 PVA 1 1-02 Faith lvie Bush/Holland LLC P.O. Box 1929 Vancouver, WA 98668 Dear Ms. lvie: Enclosed is an Environmental Determination of Non-Significance #11-13 for PVA11-02. This Determination means no Environmental lmpact Statement is required in order for the City to continue the processing of your application. Permits for future phases of work that exceed the SEPA threshold will require further SEPA review and determinations. Please notice that changes have been made to your Environmental Checklist. No conditions have been added. lf we receive additional comments from the Department of Ecology or other agencies regarding your proposal, a copy of those comments will be fonryarded to you. lf you should have any questions, please feel free to contact me. K frz 4.r1, Planning Director Enclosure Dept of Ecology WA Deot of Fish & Wildlife Yakima Nation CTUIR SEPA File File 21OW.6th Avenue - P.O. Box 6l08 - Kennewick. WA 99336-0108 Page 1 EXHIBIT A-11 1 of 16 ---PAGE BREAK--- ED# 11-13 CITY OF KENNEWICK ENVIRONMENTAL CHECKLIST REVI EW E. D. File #11-13 Action: PVA 1l-02 Reviewed by: Wes Romine May 27,2011 The City of Kennewick has reviewed the checklist and made additions & corrections to it. Water Quality An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit is a minimum 38 day process and may take up to 60 days if the original SEPA does not disclose proposed activities. Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. A stormwater construction permit from Washington State Department of Ecology may be required if there is a potential for discharge from a construction site larger than one acre. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. Please contact Cory Hixon at (509) 454-4103, at the Department of Ecology to determine if your site needs such a permit. Water Resources The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. lf the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03 RCW and 90.44.100 RCW. lf you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454-7647. 21OW .6tn Avenue - P.O. Box 6108 - Kennewick, WA 99336-0'108 Page 2 EXHIBIT A-11 2 of 16 ---PAGE BREAK--- ED# 11-13 CITY OF KENNEWICK DETERMINATION OF NON.SIGNIFICANCE Description of Proposal: with the adiacent residential lots in the Orchard Crest #4 subdivision. The tract of land currentlv serves as a buffer between residential lots and a commercial orchard. Proponent: Faith lvie. P.O. Box 1929, Vancouver. WA 98668. Location of proposal, including street address, if any, South of E. 53'o Avenue and east of S. Garfield Street: 5321 S. Cascade Place. Lead Agency: Citv of Kennewick The City of Kennewick has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental lmpact Statement (ElS) will not be 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 City. This information is available to the public on request. Application for other required permits may require further review under SEPA procedures. X There is no comment period for this DNS. This DNS is issued under 197-114a0Q); the City will not act on this proposal for fifteen days from the date below. Comments must be submitted by After the review period has elapsed, all comments received will be evaluated and and the DNS will be retained, modified, or withdrawn as required by SEPA regulations. Responsible Official: Greqorv McCormick Position/Title: Planninq Director Address: 210 W 6th Ave.. P.O. Box 6108. Kennewick. WA 99336 Phone: (509) 585-4463 X Changes, modifications and /or additions to the checklist have been made on the attached Environmental Checklist Review. This DNS is subject to the attached conditions: X No conditions. See attached condition(s). Date: 5127111 Signature *ffi;ffiffi äffi Hearing Examiner City of Kennewick 210W 6th Ave., P.O. Box 6108 The time for appealing SEPA issues is twenty-one (21) days after notice (WAC 197-11- 680(5)(a). You should be prepared to make specific, written factual objections. Contact Gregory McOormick to read or request the procedures for SEPA appeals. 210 W. 6th Avenue - P.O. Box 6'l08 - Kennewick, WA 99336-0l08 Page 3 EXHIBIT A-11 3 of 16 ---PAGE BREAK--- tt-13 frn il -oz' not apply". In addition, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part For nonproject actions, the references in the checklist to the words "project", "applicant", ild 'iproperty or site" should be read as "proposal", "proposer", and "affected geographic area", respectively. A. RACKGROUNTì . Name of proposed project, if applicable: *trerL *rtoN -fa 3.Addressandphonenumberofapplicantandcontactperson: ' I îlÞ.,, 1kæ - 36t>- slope on the site (appro¡im4te percent slope?) other ravel,þeat, muck)? If you know the classification of agricultural soils, specify them fprime farmland. Are there surface indications or history of unstable soils in the immediate vicinity? If so, ' describe. rÙo N . Describe the purpose, Indicate source or fill. Could erosion occur as a result of ng, construction or use? If so, generally describe? f. g. h. About what construction percent of the site will be covered (for example, asphalt or buildings)? with impervious surfaces after project NÒ ÚJA-- Proposed measures to reduce or control erosion, or other impacts to the earth, if any: r0-20-010.KAC 3t9S EIWIRONMENTAL CHECKLIST - PAGE 3 EXHIBIT A-11 5 of 16 ---PAGE BREAK--- 2. Arr a. V/hat types of emissions to the air would result from the odors, indusEial wood smoke) during construction and when generally describe and give approximate quantities if know or odor that may effect your proposal? If so, c. 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 tlpe and provide 7 names. If appropriate, state what stream or rlvö it flows into. - 7. Will the project require any work over, in, or adjacent to (within 200 feet) the described ,waters?Ifyes,pleasedescribeandattachavailablep-þ!s. 3, Estimate the amount of frll 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 frll material. A) Ò Dz- 4 Will the proposal require surface water withdrawals or diversions? Give general description, - purpose, and approximate quantities if known. NO y'Does the proposal lie within a 100-year fl ? If so, note location on the site plan. 6¡Ðæs the proposal involve any discharges of waste materials to surface waters? If so, describe ' the typ" õf waste and anticipated volume of discharg e. N Ö ÞA- b. Ground. kWil ground water be withdrawn, or will water be discharged to ground ' description, purpose, and approximate quantities if known 10-20-0ro.KAc 3t95 emissions or other impacts to air, if any: ENIVIRONMENTAL CHECKLIST - PAGE 4 EXHIBIT A-11 6 of 16 ---PAGE BREAK--- 2. Describe waste material that will be discharged into the ground from septic tanla 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 appliçaþle), or the number of animals or humans the system(s) are expected to serve. N I # V/ater Runoff (including storm water). Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where water flow? Will this water flow into other waters? If so. describe. 1. Could waste materials enter ground or If so, generally describe. Proposed measured to reduce or control and runoff water impacts, if any: . Plants 'T l,*,1 thtUc- þrl q-'y t 577 itnl ,l Lo Òì,Jt ß .l/,d,c#îò a. Check or circle the types of vegetation found on the site: T Oa.tr l/ bltrñ- - deciduous tree: alder, maple, aspen, other - evergreen tree: fir, cedar, pine, other - shrubs - grass - Pasture - crop or grain - wet soil plants; cattail, buttercup, - water plants: water lily, eelgrass, - other types of vegetation hqå Dæ¿, p l,A1æ Ç t Pcq-' Ìf.'mLÞØþçns [1'çn' Li 'leQ lel eer. 3 / tÉcs-t' .E OA - ò iUlSca' 10-20-010.KAc 3t9S ETIVIRONMENTAL CHECKLIST. PAGE 5 EXHIBIT A-11 7 of 16 ---PAGE BREAK--- b, What kind and amount of vegetation will be removed or altered? n - A t-ÃP List threatened or endangered species known to be on or near the site. /1)ô -fuA - c. d. Proposed landscaping, use of native on the site, if any: or other measures to preserve or enhance vegetation 5. a. Animals Circle any birds and animals which have been observed on or near the site: birds: hawk, heron, eagle, songbirds, other mammals: deer, bear, elk, beaver, other fish: bass, salmon, trout, herring, shellfish, other 6. Fnergy and Natural Resources 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. . Would your project affect the potential use of solar qnergy generally desðribe. ' ' Q- c. What kinds of energy conservation features are included in the plans of this proposal? List IIÌ+ çY-J ßl êtÇ- other proposed measures to reduce or control energyl"¡npacts, if any: A ) Õ At-k- 10-20-0l0.KAc 3t9S List any threatened or endangered ies known to be on or near the site. c. Is the site part of a migration route? Is so Proposed measures to preserve or enhance ife, if any: by adjacent properties? If so, EIWIRONMENTAL CHECKLIST. PAGE 6 EXHIBIT A-11 8 of 16 ---PAGE BREAK--- i^4 v\ú and explosion, spill or haza¡dous waste, that could occur as a result of this proposal? Is so, describe. Describe special emergency services that migt Proposed measures to reduce or control environmental health hazards, if any: b. Noise. IVhat types of noise exist in the area which m.ayfife*t your project (for example: traffic, equipmênt, operation, other)? L"n LtA- What t¡pes and levels of noise would be created by or associated with the project on short-term or a long-term basis (for example: traffic, çoqsüpchon, operation, other)? Indicate what hours noise would come from the site. roposed measures to reduce or control noise impacts, if¡ny: Ato NY- 8. a. I-and and Shoreline Use What is the current use of the and 4djacent properties? tütStai) - T,Lt< *fo öa4og o lL b. c,Aft1q Has the site been used for agriculture? I{.so, describe. escribe any srqetu:::gi jl3'11"., What is the_ current zonlng 10-20-010.K.Ac 3l95 EIWIRONMENTAL CHECKLIST. PAGE 7 EXHIBIT A-11 9 of 16 ---PAGE BREAK--- f. What is the current comprehensive I g. If applicable, what is the current shoreline program designation of the site? h. Has of the vironmen sensitive" a¡ea? If so, specify. UY. many peopleovould reside work in the project? j. Approximately many peopte would reside or work in the completed area? displacement impacts, if any: Proposed measures to avoid or lvi is compatible with existing and projected land uses 9. I{ousing Approximately how m low-income housing. . Approximately how many units, if any, would be g[iminated? Indicate whether high, middle, or low-income housine. MA /vIk- roposed measures to reduce or control housi if any: 10. Aesthetics a. 'What is the tallest height of any proposed structure( / pnncipal exterior bullding material(s) L-t , not including - antennas; what the b. What views in the immediate vicinity would r0-20-0r0.KAc 3195 EIWIRONMENTAL CHECKLIST. PAGE 8 EXHIBIT A-11 10 of 16 ---PAGE BREAK--- I l. I ight and Glare a. What type of light or glare will the produce? What time of day would it mainly / ocnur? b. Could light or glare from the fini project be a safety haz¿¡d or interfere with views? - c. What existing off-site sources of may affect your proposal? d. Proposed measures to reduce orrc.on t and glare impacts, if any? 12. Recreation a. rWhat designated and in opportunities a¡e in the immediate vicinity? b. Would the proposed project di any existing recreational use? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including recreation ortunities to be provided by tne if any: 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation rregisters known to be on 7 the site? If so, generally describe. b. Generally describe any landmarls or evidence of hi z importance known to be on or next to the site. c, Proposed measures to reduce or control impacts, if any: I tO 10-20-010.KAC 3t95 , scientif,rc, or cultural ENIVIROI{MENTAL CHECKLIST - PAGE 9 EXHIBIT A-11 11 of 16 ---PAGE BREAK--- 14. Transportation public streets and highways serving the site,- and describe proposed access to the srreer sysrem. show on site plans, if any. A I ç ç* ttçae Is site currentl transit stop? c. How many - eliminate? parking spaces would the com iect have? How many would the project the proposal require any new roads or streets, or improvements to existing roads or ts, not including driveways? If so, generally describe (indicate whether public or private). e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? - If so, generally describe. þÒ C î [uy,e How many vehicula¡ trips per day would be generated by the indicate when peak volumes would occur. tvO /W¡U project? If known, AlV¿ g. Proposed measures to reduce transportation if any: 15. Public Services Would the project result in an increased need for public services (for example: fire protection, a. .wotuq me proJect resull m an mcreaseo - police protection, health care, schools, ,Å tt so, generally describe. b. Proposed measures to reduce or control direct impacts on publicg,services, if any. / &tî llt¿_ 16. Utilities e at the site: ¡ system, other. se servlce. 10-20-0r0.KAc 3t9S EÌWIRONMENTAL CHECKLIST - PAGE 10 EXHIBIT A-11 12 of 16 ---PAGE BREAK--- b. Describe the utilities that are proposed for the project, the utility providing the service, and the / generalconstruction activities on the site or ú tne. immediate uicìnity which might be needed. C. STGNATTIRF' The above answers are true and complete to the best of my knowledge. I understand that the City is relying on them to make its decisions. Signature Date 10-2G010.KA,C 3t95 EIWIRONMENTAL CHECKLIST - PAGE 11 EXHIBIT A-11 13 of 16 ---PAGE BREAK--- D. SUPPT SHEET FOR NONPROJFCT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. \ilhen answering these questions, be aware of the extent the proposal, or the tlpes of activities likely to result from the proposal, would affect the item at a grater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, /storage, or release of toxic or hazardous substances; or production of noise? tûft NQ- Proposed measures to avoid or reduce such increases afe: ò How would the proposal be likely to affect plants, animals, fish, or ma¡ine life? A)Ò Proposed measures to prp . Tb+ tect or conservQ plants, / , or marine life are: How would the proposal be likely to deplete energy or natural resources? ' fu Ò/1ú Q- roposed measures to protect or conserve energy and How would the proposal be likely to use or a environmentally sensitive or areas designated (or eligible or under study) for governmental protection; such as pdk, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains or prime farmlands? Åtn n Q- 4. oposed measures to protect such resources or to avoid or re4uce i How would the proposal be likely to affeCt land and shoreline use, including whether it would 5. allow or encourage land or shoreline uses incompatible with existing plans? r0-20-010.KAc 3195 ENIVIRONMENTAL CHECKLIST - PAGE 12 EXHIBIT A-11 14 of 16 ---PAGE BREAK--- Proposed measures to avoid or and land use impacts are: 6. How would ttre proposal be likely to increasedgqnands on transportation or public services and -utilitier? /tJâ /ü - 7. Identify, if possible, whether the proposal may / requirements for the protection of the environm Proposed measures to reduce or respond to such demand(s) 1G20-010.KAC 3t95 EIWIRONMENTAL CHECKLIST - PAGE 13 EXHIBIT A-11 15 of 16 ---PAGE BREAK--- .fr¡ic* A - lt",' j t bd JUUIL ru I This plan is suitable for ¡nformat¡onal use onlv City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\DianeK t4:51 LZ1BI2OL} EXHIBIT A-11 16 of 16 ---PAGE BREAK--- April22,2OLI Wes Romine City of Kennewick Development Services Manager PO Box 6108 Kennewick, WA 99336 Subject: Review Comments for Plat Alteration Orchard Crest No. 4 Dear Mr. Romine: This letter provides Kennewick lrrigation District (KlD) review comments on Plat Alteration Orchard Crest No. 4. The subdivision is located east of South Garfield Street and south of West 53to Avenue. KID provides the following comments: 1) Dedicate to KID an irrigation easement, via a recorded deed, to match the two existing irrigation lines located in the southwest corner of proposed lot number 51A. This irrigation easement shall be contiguous to the existing L0 foot irrigation easement and shall extend 30 feet north of said easement and 100 feet east of the east property line of tract C. 2l A Plat Alteration fee of 5200.00 is due prior to KID approval. lf you have any questions regarding these comments, please contact me at the address/phone number listed below. JM\rs C: LB\correspondence\File : l2a-8-291 R:\Development\Orchard Crest No. 4 (Plat Alteration) REGEIVED CITYOF KENNEWCK APR e ú 2ü11 COMMUNITY PI.ANNING DEPARTMENT 72 W. Kennewick Ave., Kennewick, WA 99336, (509) 586-9177, fax (509) 586-7663, www.kid.org EXHIBIT A-12 1 of 1