HomeMy WebLinkAboutR-2006-077 Cottonwood Grove Phase 3 Final PlatRESOLUTION NO. R-2006-77
A RESOLUTION approving the final plat of Phase 3 of Cottonwood Grove, a 228 -lot
subdivision in five phases, and authorizing the Mayor to sign the final
plat.
WHEREAS, on May 26, 2005 the Hearing Examiner held a public hearing to consider
the application for a 228 -lot subdivision known as Cottonwood Grove Phases 3 through 7,
submitted by Cottonwood Partners, (City of Yakima Preliminary Plat #3-04); and
WHEREAS, on June 10, 2005 the Hearing Examiner issued his Recommendation for
approval of the proposed plat subject to several conditions; and
WHEREAS, at its public meeting on October 18, 2005 the City Council determined by
motion that the Recommendation of the Hearing Examiner should be affirmed and adopted;
and
WHEREAS, the City Engineer has approved and accepted all plans and designs for the
improvements required in the conditions of approval of the preliminary plat for Phase 3, and
the applicant has constructed or financially secured all such improvements; and
WHEREAS, as this final plat comes before Council for review each member declares
that he has had no contact with either the applicant or opponents of the final plat, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Phase 3 of Cottonwood Grove, consisting of five sheets
depicting one phase of a five -phase subdivision located south of Tieton Drive and accessed by
South 87th Avenue, is hereby approved and the mayor is hereby authorized to sign the final
plat. The applicant shall file the final plat for Phase 3 of Cottonwood Grove for record in the
Yakima County Auditor's Office immediately, or as soon thereafter as possible, and the
applicant shall be responsible for all filing fees.
ADOPTED BY THE CITY COUNCIL this 16th
ATTEST:
F ,4S ASC
City Clerk
(ic)res/Cottonwood Grove Phase 3
avid Edler, ayor
06.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting of May 16, 2006
ITEM TITLE: Public Meeting for Council consideration of the final plat for Phase 3 of
Cottonwood Grove Subdivision.
SUBMITTED BY: William R. Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575-6042
SUMMARY EXPLANATION:
Phase 3 of Cottonwood Grove is part of a seven -phase subdivision (phases one and
two were recorded when this property was unincorporated) located south of Tieton
Drive and accessed by South 87th Avenue. Phase 3 contains 34 of the 327 lots
approved for this subdivision. In open Council session on July 19, 2005 the Hearing
Examiner's recommendation to approve this preliminary plat was accepted and
preliminary plat approval was granted subject to conditions.
For Phase 3 the developer has completed all infrastructure except for curbs, gutters,
sidewalks and streetlights. The completion of these missing requirements has been
financially secured thereby permitting the recording of the plat for this phase. State law
requires that developer(s) be granted the option of financially securing their required
improvements.
Resolution X Ordinance_ Contract _ Other (Specify) Final Plat Staff Report,
Hearing Examiner's Recommendation, Final Plat Drawings
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends Council's approval of the final plat for
Phase 3 of Cottonwood Grove together with the adoption of the accompanying
resolution that will authorize the Mayor to sign the plat.
BOARD RECOMMENDATION: The Hearing Examiner recommended plat approval on
July 10, 2005.
COUNCIL ACTION: The public meeting was held.
Resolution adopted. Resolution No. R-200-77
The City Engineer's office has reviewed the plans and designs for all required
improvements and holds sufficient security to insure the completion of all needed
improvements. In affirmation of this fact the City Engineer has signed the plat.
The Planning Division has likewise reviewed the final plat for Phase 3 and finds it to be
in substantial conformance with the terms and conditions of the preliminary approval
the Subdivision Administrator has also signed the plat.
YMC 14.20.210 sets forth the following process for final plat approval:
A. Upon receipt of a proposed final plat, the City Council shall at its next public
meeting set a date for consideration of the final plat. Notice of the date, time,
and location of the public meeting shall be given to the subdivision applicant,
Surveyor, City Engineer, Office of Environmental Planning, and the Yakima
County Health Officer at least four days prior to the date of the public meeting.
B. The City Council shall review the final plat during the public meeting and shall
approve the final plat if the Council determines that the final plat conforms to the
conditions of preliminary plat approval and applicable state laws.
C. Upon approving any final plat, the City Council shall authorize the Mayor to sign
the final plat as evidence of City Council approval. (Ord. 98-65 § 2 (part), 1998).
City of Yakima, Washington
Department of Community & Economic Development
Planning Division
Final Plat Staff Report
City Council Public Meeting
May 16, 2006
Final Plat Application
By Cottonwood Partners, LLC
For Phase 3 of the Plat of
Cottonwood Grove, a 228 -Lot
Subdivision in Five Phases
Long Plat #3-04, RZ #6-04,
CL (2) #27-04, EC#25-04
Staff Contact: Bruce Benson,
Supervising Planner
575-6042
BACKGROUND AND SUMMARY OF REQUEST
Cottonwood Grove is a preliminarily approved long plat calling for the subdivision of
approximately 63.5 acres of R-2 and R-1 zoned property into 228 new lots. On July 10, 2005 the
Council accepted the Hearing Examiner's recommendation to grant preliminary approval to this
long plat. At this time, only Phase 3 of this long plat is under consideration
The City Engineer's office has reviewed and approved all necessary designs and engineering and
indicates that the required improvements are installed and inspected or that the required financial
security is in place to secure their installation. The acting City Engineer has signed the plat in
affirmation of this fact. The Planning Division has similarly reviewed the final plat and finds it to
be in substantial conformance with the terms and conditions of the preliminary plat approval.
Staff, therefore, recommends acceptance of the final plat and the adoption of the resolution that
authorizes the Mayor to sign the final plat.
CONDITIONS OF APPROVAL
The approved preliminary plat required the applicant to complete all site improvements listed as
conditions in the Hearing Examiner's Recommendation of October 3, 2002 (see attached). The
conditions that must be met before the final plat can be approved consist of the following matters:
1. Prior to final plat approval the interior streets shall be engineered, constructed and
approved according to the standards and requirements of the City Engineer and
YMC Title 12.
Status: Engineering has been completed in accordance with the requirements of Title 12.
Road construction has been completed and curbs, gutters and sidewalks on both sides of
the roadway have been financially secured. The City Engineer has signed the plat in
affirmation of this fact.
1
2. All lots shall be served with public water from the Nob Hill Water Company. No
individual domestic or irrigation wells shall be permitted for any of the lots. Prior
to final plat approval, written verification from Nob Hill Water must be submitted
to the Building Codes and Planning Division indicating that all construction
required to provide each lot with domestic water has been completed and the fees
paid.
Status: This requirement has been satisfied and written verification received from Nob
Hill Water Company.
3. All lots shall be provided with public sewer service according to YMC Title 12
standards. No individual septic systems or other sewage disposal methods will be
allowed. Prior to final plat approval written verification from the City of Yakima
Engineering Department must be provided to the Building Codes and Planning
Division indicating that all sewer extensions have been completed or fmancially
secured.
Status: Public sewer for Phase 3 has been completed in accordance with the
requirements of Title 12. The acting City Engineer has signed the plat is affirmation of
this fact.
4. A minimum 8 -foot -wide public utility easement must be provided adjacent to all
public road rights-of-way.
Status: This requirement has been satisfied on the face of the final plat.
5. The width of all easements for buried utilities must be at least twice the depth of
the planned excavation, and all easements for new and/or future utilities shall be
16 feet in width or as otherwise specified by the utility provider.
Status: This requirement has been satisfied.
6. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
Status: This requirement has been satisfied.
7. All public and private utilities to be located within public road rights-of-way must
be constructed prior to the start of road construction.
Status: This requirement has been satisfied.
2
8. Fire hydrants shall be placed at the locations specified by the Building Codes and
Planning Division and Yakima Fire Department. All lots must be provided with
adequate fire flow.
Status: This requirement will be satisfied and verified.
9. Irrigation easements, if any are required, shall be provided as specified by the
Yakima Valley Canal Company.
Status: This requirement has been satisfied. The Yakima Valley Canal Company did
request that the irrigation lines be installed by the developer prior to plat development;
however, this is not a requirement of the plat decision or a request that is enforceable by
the City of Yakima.
10. After making provision for the interconnection of the road network within this plat
and the neighboring Plat of Meadowview, the final plat shall substantially conform
to the preliminary plat, but shall incorporate the requirements of the MDNS and
any modifications of the preliminary plat required by the City Council.
Status: The recording of Phase 4 will satisfy this requirement. To accommodate
this interconnection the easterly lots of Phases 3 & 4 have been reconfigured.
11. All permits required by the Yakima Regional Clean Air Authority shall be
obtained. The developer shall designate a responsible party to serve as a contact
person during working hours for suspected air quality violations.
Status: This requirement has been satisfied.
12. The developer shall contact the State Department of Ecology to determine if a
baseline general permit for stormwater discharges will be necessary for this
development. Application shall be made at least 30 days prior to the start of
construction.
Status: This requirement has been satisfied.
13. A final binding stormwater and drainage control plan for the entire property,
including the installation of flood control measures, shall be submitted and
approved prior to construction of improvements for any area of the development.
Status: This requirement has been satisfied.
14. Critical areas setbacks for Shaw Creek must be observed.
Status: This requirement will be provided for in the layout of Phase 5, yet to come.
3
15. A grading plan and permit for the entire property is required prior to construction
of improvements for any area of the development.
Status: This requirement has been satisfied.
16. Erosion control methods such as temporary ponding, silt fencing, etc. must be in
place prior to clearing, grading or construction.
Status: This requirement has been satisfied.
17. All addresses shall be as specified by the Building Codes Division and all
addresses must be clearly shown on the face of the final plat.
Status: All addresses are shown on the final plat.
18. Two points of emergency ingress/egress must be provided prior to the construction
of more than 30 residential units in any portion of the area within phases 3 to 7 of
the plat.
Status: This requirement will be satisfied and verified. Provisions have been made to
construct a second point of access prior to the issuance of a permit for the 30th
residential unit.
19. This plat shall be subject to the following notes, which must be placed on the face
of the plat:
The addresses shown on this plat are accurate as of the date of recording, but
may be subject to change. The City of Yakima Building Codes and Planning
Division is responsible for the confirmation or reassignment of addresses at
the time of building permit issuance.
The owners shown hereon, their grantees and assignees in interest hereby
covenant and agree to retain all surface water generated within the plat on-
site.
Status: The final plat includes the required notations.
20. The applicant must comply with all of the requirements of the Mitigated
Declaration of Nonsignificance.
Status: This requirement has been satisfied for Phase 3.
21. The applicant shall grant an easement that will enable the prospective purchasers
of Tract A (the Seamans and the Radkes) to be able to extend the public sewer line
4
at those purchasers' expense to the south boundary of that tract between whichever
of the applicant's two lots will be closest to the line that will divide the ownership
of that tract between the respective purchasers.
Status: This easement will be provided for on the final plat for Phase 5.
FINDINGS
1. The final plat is consistent with the goals, objectives and intent of the Urban Area
Comprehensive Plan and the standards of the Urban Area Zoning Ordinance.
2. The final plat meets the standards of the City of Yakima Subdivision Ordinance.
3. The final plat is in general conformance with the preliminary plat and conditions of approval.
4. The applicant has built or financially secured the construction of the required improvements
necessary for final plat approval.
RECOMMENDATION
The City of Yakima Division of Environmental Planning recommends Council acceptance of the
final plat for Phase 3 of Cottonwood Grove and the passage of the resolution that authorizes the
Mayor to sign the final plat.
5
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CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATIONS
June 10, 2005
In the Matter of a Preliminary Plat, Rezone
And Class (2) Applications Submitted by:
Cottonwood Partners, LLC
For a 228 -Lot Subdivision of 63.5 Acres
In Five Phases with a Rezone, Class (2)
Review & SEPA Review to be known as
Phases 3 to 7, Plat of Cottonwood Grove
RECEIVED
J`JN I 0 2005
;.,11 Y OF YAKIMA
PLANNING DI
LONG PLAT #3-04; RZ #6-04;
CL (2) #27-04; & EC #25-04
Introduction. The Hearing Examiner conducted a public hearing on May 26, 2005 and
has issued this decision within 10 business days. The staff report presented by
Supervising Planner Bruce Benson recommended approval of the preliminary plat for
phases 3 to 7 of Cottonwood Grove; recommended approval of a rezone of about half the
area in the plat from R-1 to R-2 zoning to allow for the construction of duplexes as a
Class (1) permitted use in phases 5, 6 and 7 of the proposed plat; and recommended
approval of a Class (2) common wall residential use for 36 of the lots in phases 3 and 4
which are within the R-1 zoning district, all subject to conditions. The applicant's
planning consultant, Mr. Bill Hordan of Hordan Planning Services, provided information,
answered questions, suggested that the utility easement requirement be a width of 16 feet
or as otherwise specified by the utility, and requested that the period of preliminary plat
approval be longer than the three years currently specified by City ordinance if the City's
ordinance is amended in the future to conform to the five-year period specified by State
law. The applicant's representative, Mr. Richard Hochrein, testified about historic flood
Cottonwood Partners, LLC; What the Hay, LLC 1
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
flows in the area, pedestrian and vehicular traffic alternatives and the reason for the
respective locations of different types of housing in the proposed phases of the plat. Mr.
James Adams of Wagner, Luloff & Adams submitted a letter on behalf of his clients Matt
and Linda Seaman requesting that provision be made to extend the sewer line to the south
line of Tract A which is shown as the most northerly tract on the preliminary plat and
which is ultimately being conveyed to them and others. The State Department of Fish
and Wildlife submitted written comments and pictures to the effect that the diversion of
Shaw Creek from its historic location some years ago by unknown parties beginning in
the vicinity of 96th Avenue should be corrected. The letter did not indicate that any
public funding was available for such a project and did not convince the applicant or the
Planning Division that the cause -effect nexus and proportionality analysis would allow
placing that off-site improvement burden upon this applicant who did not create the
problem. Mr. Hordan indicated that the applicant would be willing to grant an easement
so that the prospective purchasers of Tract A could extend the public sewer line to the
area nearest to the line that will divide Tract A between the respective purchasers, but
agreed with Mr. Benson that the burden of extensive off-site improvements needed to
rechannel Shaw Creek should not fairly be placed upon this applicant. These
recommendations to the City Council will be based in large part upon Mr. Hordan's
narrative description of the proposal and Mr. Benson's staff report. It is necessary to
address the criteria for consideration of rezones, of Class (2) uses and of preliminary plats
in order to provide these recommendations.
Summary of Recommendations. The Hearing Examiner recommends approval of
this preliminary plat, approval of the rezone of phases 5 to 7 from R-1 to R-2 and
approval of the Class (2) common wall residential use on some of the lots in phases 3 and
4, subject to conditions.
Cottonwood Partners, LLC; What the Hay, LLC 2
Vicinity of 8900 Block of Midvale Road DOC,
228 -Lot Plat of "Cottonwood Grove" INDEX
PRE LONG PLAT #3-04; RZ 6-04; #/i -1
CL (2) #27-04; EC 25-04 /�
Basis for Decision. Based on a view of the site with no one else present on May 25,
2005; the staff report, exhibits, testimony and other evidence presented at the open record
public hearing on May 26, 2005; and a consideration of the applicable subdivision
requirements, zoning requirements, comprehensive plan provisions, development
standards and consistency criteria; the Hearing Examiner makes the following:
FINDINGS
Applicant/Property Owner. The applicant is Cottonwood Partners, LLC, P.O. Box
8353, Yakima, Washington 98908, and the property owner is What the Hay, LLC, P.O.
Box 8310, Yakima, Washington 98908.
Location. The proposed preliminary plat is located in the vicinity of the 8900 Block of
Midvale Avenue in the City of Yakima to the south and west of the first two phases of the
Plat of Cottonwood Grove; parcel nos. 181330-13003, 21005, 24005, 24004 and 24006.
Application. This proposed preliminary plat would divide about 63.5 acres into 228
lots and 2 tracts; would include a rezone of about 32 acres comprising phases 5, 6 and 7
of the proposed plat from Single Family Residential (R-1) to Two -Family Residential (R-
2) which would thereafter allow duplexes as a Class (1) use; and would allow the Class
(2) use of attached single family (common wall) residences on 10 lots within the R-1
zoning district in Phase 3 (Lots 301 through 310) and on 26 lots within the R-1 zoning
district in Phase 4 (Lots 401 through 408 and Lots 444 through 461) for a total of 36 such
lots in the portion of the preliminary plat that is zoned R-1. The plat is within the City of
Yakima and would include full urban services such as water, sewer and public streets
with curbs, gutters and sidewalks on both sides and streetlights. As submitted this
Cottonwood Partners, LLC; What the Hay, LLC 3
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
# AA-
preliminary plat indicates that development may occur in five separate phases over an
undetermined period of time. The City's current subdivision ordinance allows the
applicant three years from the date of preliminary approval to submit the final plat. Under
Section 14.20.150 of the subdivision ordinance, the applicant may request one extension
of that period for a maximum period of one year. Before any phase(s) can be recorded all
required infrastructure must be completed and inspected or otherwise financially secured.
The Planning Division indicated that it does not object to a five-year period being
allowed to submit the final plat as is allowed by State law in RCW 58.17.140. In view of
the presumption that the ordinance is valid even though it differs from State law, the
Hearing Examiner will recommend that longer than three years for submission of this
final plat be allowed if, and only if, the City Council amends its ordinance to so provide
prior to expiration of the three-year period or prior to expiration of the extension
presently allowed by the ordinance.
Notices. The evidence presented at the hearing indicated that all notices were provided
in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima
Municipal Code (YMC) relating to subdivision, zoning and development regulations.
They include the following:
Mailing of Notice of Application & Preliminary MDNS
Mailing of Notice of Final MDNS
Publication of Notice of Final MDNS
Posting of Land Use Action Sign on the Property
Mailing of Notice of Public Hearing
Publication of Notice of Public Hearing
December 28, 2004
April 8, 2005
April 8, 2005
April 8, 2005
May 6, 2005
May 6, 2005
Environmental Review. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance (MDNS) on March 28, 2005 pursuant to WAC 197-
11-340(2). Mitigation measures were required as follows:
Cottonwood Partners, LLC; What the Hay, LLC 4
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
00C.
INDEX
• Two points of ingress/egress are required prior to the construction of more than 30
residential units within the bounds of the area of phases 3 to 7 of the plat.
Additionally, provision must be made for a street connecting this plat with the
adjoining plat of Meadowview.
• Dust control plans must be submitted to, and approved by, the Yakima Regional
Clean Air Authority before any grading or construction.
• A final binding stormwater and drainage control plan for the entire property must
be submitted and approved prior to construction of improvements for any area of
the development.
• Flood control measures must be installed.
• Critical areas setbacks and protections for Shaw Creek are required.
• A grading plan and a permit are required for the entire property prior to
construction of improvements for any area of the development.
The Department of Fish and Wildlife submitted a letter dated January 12, 2005 which
recommended either the re -filing of SEPA to better reflect the actual environmental
conditions or the issuance of a DS (Declaration of Significance) by the lead agency
because of the benefits that would result from relocating Shaw Creek to its original
channel. The Department also submitted a letter of April 21, 2005 with a compact disk
containing text and pictures supporting its position. The evidence indicated that Shaw
Creek has flooded over its banks in the past. However, it is not located on a FEMA
mapped floodplain. Mr. Benson's staff report aptly summarized the problems of
imposing this requirement upon this applicant as follows:
"Several years ago Yakima County reviewed and approved the first two
phases of Cottonwood Grove. It was during this earlier review that the
Cottonwood Partners, LLC; What the Hay, LLC 5
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
Department of Fish & Wildlife (WDFW) first raised the degradation and
occasional flooding of Shaw Creek as an issue with the County planning staff.
WDFW asked that the developer be required to correct the problems of Shaw
Creek before proceeding with development. The County required extensive
investigation into the steps necessary to mitigate the area wide problems of Shaw
Creek and determined that to accede to WDFW's request would require extensive
offsite mitigation from the developer.
The County's review for Phases 1 and 2 was very thorough, especially with
regard to the Shaw Creek issue, and apart from the fact that the channelization and
flooding mitigations for Phases 1 and 2 do not specifically mention the future
development of Phases 3 through 7, the application of but a slightly altered set of
conditions will provide the same level of protection that currently prevails for the
existing 99 lots of Cottonwood Grove.
The concerns expressed by WDFW are certainly not without foundation,
but by their own statements the problems they hope to solve originate further to
the west and outside of both the City's jurisdiction and the developer's holdings.
At this point WDFW has made it clear in their correspondence what they want to
happen; yet they have failed to provide the City or the developers with any
citation(s) or regulation(s) that must be followed. Should this be possible, it is still
not too late for them to cite their regulations and authority, but absent this there is
the issue, which is perhaps not fully appreciated by WDFW, of offsite mitigations
and takings. Before the City of Yakima could require this developer to stop
development until Shaw Creek's problems are eliminated the City must first find
that there exists both a nexus between the developer's property and WDFW's
desired solution and further that their solution is proportional to this project's
impacts. Given the information available, the City cannot make that finding and
consequently the burden of correction cannot be required from this developer who
is impacted by an area wide situation arising outside of his area of ownership and
control. This developer therefore does not have a responsibility to provide offsite
stream relocation, but does have the right to protect his property by passing offsite
floodwater through his development.
As stated earlier, to reverse the degradation of Shaw Creek by returning it
to a more natural course and in so doing reduce or possibly eliminate the
probability of occasional flooding in this general area is a desirable goal, but any
legal, viable solution will require the coordinated actions of area landowners and
the responsible government agencies."
Cottonwood Partners, LLC; What the Hay, LLC 6
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
-DOC.
INDEX
Since that letter was submitted, the MDNS which required mitigation measures for
Shaw Creek similar to those imposed by Yakima County in 2001 for phases 1 and 2,
without requiring the relocation of Shaw Creek, became final without any appeal being
taken. The final MDNS mitigation measures include an unobstructed 30 -foot -wide flood
control channel in the vicinity of the historic flood flow paths generally along the north
line of phase 5 of the plat and an easement for that channel to be shown on the
preliminary plat unless and until such time that an alternate flow path is established
outside the plat in the future. The MDNS requires an unobstructed critical areas building
setback, vegetative buffer and easement for Shaw Creek that is either 50 feet wide on
each side or is at least 25 feet wide on the northerly side and at least 75 feet wide on the
southerly side where the land around the creek slopes to the south. The MDNS also
requires the channel and buffer area of the creek to be restored and revegetated to a more
natural form in the manner that was required for phases 1 and 2 of the plat and a note to
be placed on the plat to advise purchasers of the affected lots that there are creek buffer
restrictions upon those lots. In addition, the MDNS requires a grading plan that must
include the proposed flood protection measures and the proposed modifications to Shaw
Creek. The Department of Ecology's suggestions by letter of January 13, 2005 were
partially incorporated into the MDNS by way of the buffer requirements on Shaw Creek.
The suggestion in the Yakima County Public Services Department's letter of January 20,
2005 was incorporated into the MDNS by requiring a street connection to the
Meadowview plat. The Department of Transportation's letter of January 7, 2005
indicated that it had no comment because no WSDOT-maintained roads are in the
vicinity. No other agency comments were received. No public comments were received.
Zoning and Land Use of Site and Adjacent Properties. The area within the
proposed phases 3 to 7 of the preliminary plat is zoned Single Family Residential (R-1)
Cottonwood Partners, LLC; What the Hay, LLC 7
Vicinity of 8900 Block of Midvale Road DOC.
228 -Lot Plat of "Cottonwood Grove" INDEX
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
and is presently vacant land. The properties which are adjacent to said proposed phases 3
to 7 of the plat of Cottonwood Grove have the following zoning and land use
characteristics:
Direction Zoning Land Use
North R-1 Residential
South R-1 Agriculture
East R-1 Residential
West R-1 School
Jurisdiction. Section 14.20.100 of the City's subdivision ordinance provides that the
Hearing Examiner shall hold a public hearing and submit a recommendation to the City
Council relative to the subdivision criteria listed in that section and in RCW 58.17.
Section 15.23.030 of the City's zoning ordinance provides that the Hearing Examiner
shall hold a public hearing and submit a recommendation to the City Council relative to
the rezone criteria listed in Subsection 15.23.030(E). Subsection 15.14.040(3)(e) of the
City's zoning ordinance provides that applications for Class (2) uses may be referred to
the Hearing Examiner for review, public comment and decision, the decision in this case
being a recommendation to the City Council where it is part of a master application under
Section 15.11.110 of the zoning ordinance. Section 1.43.080 of the YMC further
delineates the jurisdiction of the Hearing Examiner in these matters. Since in this
situation the recommendations regarding the rezone and the Class (2) use request will
have a bearing upon the preliminary plat considerations and recommendation, the rezone
criteria and Class (2) use criteria will be considered before the preliminary plat criteria.
Rezone Review Criteria. Recommendations regarding rezone applications within the
Yakima Urban Area must be based upon the following criteria specified in Section
15.23.030 of the Urban Area Zoning Ordinance (UAZO):
Cottonwood Partners, LLC; What the Hay, LLC 8
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOG,
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04 # /)
1) The testimony at the public hearing: The testimony at the hearing consisted
of testimony by Supervising Planner Bruce Benson and the applicant's representatives
Richard Hochrein and Bill Hordan who all favored approval of the rezone request. No
one at the hearing testified in opposition to any of the applicant's requests.
2) The suitability of the property for uses permitted under the proposed
zoning: The property is well-suited for R-2 uses such as duplexes and densities up to 12
dwelling units per net residential acre. Common wall residential units already exist on
some of the lots in the first two phases of the Plat of Cottonwood Grove to the north and
east of the proposed phases. The Board of County Commissioners approved those
common wall residences by Resolution 227-2001 in May of 2001 pursuant the Hearing
Examiner's recommendation to that effect. Duplexes, triplexes and multi -family units
currently exist in areas to the east of the Plat of Cottonwood Grove. Since the change in
the comprehensive plan designation for this plat from Low Density Residential to
Moderate Density Residential, a new shopping center has been located at Tieton Drive
and 72nd Avenue, and Tieton Drive has been widened from two lanes to four lanes with a
left -turn pocket to serve this property and its anticipated development.
3) Recommendations from interested agencies and departments: As
previously noted, the Department of Fish and Wildlife recommended that approval be
conditioned upon relocating the Shaw Creek channel to its original location which would
require off-site improvements west of the proposed preliminary plat to remedy a situation
that was not caused by the proposed development on this property. All of the evidence
provided at the hearing was to the effect that the necessary off-site improvements for
such an undertaking were not the responsibility of the applicant under the nexus and
proportionality parameters established by applicable court decisions and that no known
public funding sources have been procured for such an undertaking. Additionally, as
previously noted, the Department of Ecology's suggestions were partially incorporated
into the MDNS by way of the buffer requirements for Shaw Creek. The suggestion of
Cottonwood Partners, LLC; What the Hay, LLC 9
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
the Yakima County Public Services Department was incorporated into the MDNS by
requiring a street connection to the Meadowview plat, which was also suggested by the
City's Engineering Division. The Department of Transportation indicated that it had no
comment and no other agency comments were received. The City's Water Division
indicated that Nob Hill Water Company will provide all domestic water for this
subdivision. The Building Codes Division assigned an address for each lot that should be
shown on the face of the plat. No public comments were received.
4) The extent to which the proposed rezone is in compliance with and/or
deviates from the goals and policies as adopted in the Yakima Urban Area
Comprehensive Plan and the intent of the Zoning Ordinance:
a) This rezone request complies with the amendment to the comprehensive
plan approved in March of 2001 under File No. CPA 9-00 which changed the designation
of the property in proposed phases 3 to 7 from Low Density Residential to Moderate
Density Residential. The Future Land Use Map to Zoning Map Consistency Chart,
Figure III -3, indicates that the Two -Family Residential (R-2) zoning district is considered
compatible with the Moderate Density Residential plan designation. The proposed
rezone would be in compliance with goals, objectives and policies of the comprehensive
plan listed in the General Development, Public Services, Commercial Development,
Land Use, Transportation, Utilities and Capital Facilities elements of the plan.
b) The Zoning Ordinance: Subsection 15.03.030(2) of the Yakima Urban
Area Zoning Ordinance states that the purpose of the R-1 zoning district is to establish
and preserve residential neighborhoods for detached single-family dwellings free from
other uses except those which are compatible with, and serve the residents of, this
district; and also to locate moderate -density residential development, of up to seven
dwelling units per net residential acre, in areas served by public water and sewer.
Subsection 15.03.030(3) of the zoning ordinance states that the purpose of the R-2 zone is
to expand upon the purpose of the R-1 zone by permitting duplexes as well as single -
Cottonwood Partners, LLC; What the Hay, LLC 10
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
family residences at densities of up to twelve dwelling units per net residential acre. The
proposed rezone of some of the property to R-2 would trigger the applicability of specific
standards for that zoning district by way of minimum lot size, maximum lot coverage,
minimum building setbacks, requisite parking, maximum building height and requisite
sight screening. The intent of the zoning ordinance would be preserved by the fact that
applicable development standards for the respective R-1 and R-2 zoning districts within
the plat would be satisfied unless adjustments were to be approved following the
prescribed public notice and comment requirements.
5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The property is currently served by all necessary public
facilities and services. Tieton Drive is a minor arterial street that can be accessed from
the internal road network of all seven phases. Additional access will be provided by way
of a connection with Westbrook Road on the east and/or Nob Hill Boulevard on the south
and possibly other streets in the future. The property can be served with all other
infrastructure such as domestic water, sanitary sewer, natural gas, electricity, telephone,
cable TV and any other needed utilities.
6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: This proposal is a continuation of the first two phases of the Plat
of Cottonwood Grove. They contain a mixture of single-family residences and common
wall attached residences which are compatible with the same uses proposed for phases 3
to 7. The general area also contains a mixture of housing types and styles which are also
compatible with the proposed uses. In addition, the proposal abuts extensive buffering
along Shaw Creek on the north and the first two phases of Cottonwood Grove. There are
outdoor playfields for Cottonwood Elementary School on the west that serve as a large
buffer from the school. The proposal abuts parcels on the south that are either owned by
the applicant or are large vacant parcels. These properties are outside the Yakima Urban
area, but are within Yakima County's Urban Reserve Area where future urban growth is
Cottonwood Partners, LLC; What the Hay, LLC 11
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
# A A - (
expected. Adjoining phases 3 and 4 abut large parcels on the east that contain single-
family residences on large acreages. Besides the buffering provided by the distance
between uses to the east, lots along the east side of the plat have been made large, 10,000
square feet, to promote compatibility with the uses to the east as well.
7) The public need for the proposed change: The evidence submitted at the
hearing established the need for additional R-2 zoning in West Valley to provide
affordable housing and rental housing in the vicinity of shopping centers east of the
proposed plat. Most of the R-2 zoning in the area is either built -out or lacking sewer
lines for sewer service.
Class (2) Use Criteria. Section 15.11.110 of the Urban Area Zoning Ordinance
(UAZO) provides that where, as here, any of the required approvals of a master
application constitute a recommendation to the City Council, any decision of the Hearing
Examiner as to any such approvals shall also constitute a recommendation to the City
Council. Since the Hearing Examiner is making a recommendation to the City Council
relative to the rezone and the preliminary plat, the decision relative to the Class (2)
common wall residential use also constitutes a recommendation to the City Council in
this context. However, the criteria for consideration of Class (2) uses remain the same.
Those criteria listed in Subsection 15.14.040(5) of the UAZO are identical to the criteria
for consideration of Class (3) uses listed in Subsection 15.15.040(5) of the UAZO.
Although the criteria for consideration of Class (2) uses are identical to the criteria for
consideration of Class (3) uses when Class (2) use applications are referred to the
Hearing Examiner for Class (3) review through the public hearing process under
Subsection 15.15.040(3)(e), Subsection 15.15.040(4) or Section 15.11.110 of the zoning
ordiance, there is one major difference. The Hearing Examiner will take into account the
legislative pronouncement of the City Council when it classified the uses in Tables 4-1
and 4-2 and declared that "Class (2) uses are generally permitted in the district"
Cottonwood Partners, LLC; What the Hay, LLC 12
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOG.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04 # A A —
(Subsection 15.04.020(2)) and that "Class (3) uses are generally not permitted in a
particular district" (Subsection 15.04.020(3)). In this case, the request is for approval of
uses that are generally permitted in the R-1 zoning district.
1. Compliance and Compatibility with the Objectives and Development
Standards of the Comprehensive Plan. The proposed common wall residential uses
would be located within phases 3 and 4 of the proposed preliminary plat which are
designated as Low Density Residential by the comprehensive plan. Low density
residential uses are primarily single-family detached residences, but may include
duplexes or other similar structures with a density of less than 7 units per net residential
acre. Common wall residences are similar to a duplex except that each of the two
attached common wall residences is located on its own individual lot while both units of
a duplex are located on the same lot. The density of phase 3 with the common wall units
would be 4.9 units per net residential acre and the density of phase 4 with the common
wall units would be 6.06 units per net residential acre. The combined density of both
phases would be 5.46 units per net residential acre, which is in compliance and
compatible with the objectives and development standards of the comprehensive plan.
The proposed attached common wall residences would also be in compliance and
compatible with general concepts in the comprehensive plan and the Growth
Management Act which include encouraging urban level development in areas where
adequate public services can be provided and providing for a variety of housing
opportunities. Common wall units were found to be in compliance and compatible with
Yakima County's comprehensive plan when they were approved for phases 1 and 2 of the
plat in 2001. The common wall units now proposed would be in a location that continues
the existing theme for the Cottonwood Grove development to provide such units in areas
that will be compatible with the neighborhood.
2. Compliance and Compatibility with the Intent and Character of the Single -
Family Residential (R-1) Zoning District. The Urban Area Zoning Ordinance (UAZO)
Cottonwood Partners, LLC; What the Hay, LLC 13
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04 # A n
table of permitted land uses provides that attached common wall residences are Class (2)
uses in the R-1 zoning district. As previously noted, Subsection 15.04.020(2) of the
UAZO states that Class (2) uses are generally permitted in the district. The proposed
uses comply with and are compatible with the intent of the R-1 zone expressed in
Subsection 15.03.030(2)(b) which states that the R-1 zoning district is "intended to ...
Locate moderate -density residential development, up to seven units per net residential
acre, in areas served by public water and sewer." The proposed common wall residences
are also in compliance and compatible with the character of the R-1 zoning district. The
existing common wall residences in phases 1 and 2 along South 88th Avenue and the
proposed row of common wall lots in phases 3 and 4 along South 88th Avenue, which is
constructed to an urban collector standard, abut property to the west that is designated
Moderate Density Residential and is here recommended for a rezone to R-2. An urban
collector street is less desirable for detached single-family residential uses than common
wall residential uses. Common wall residences are similar to the duplexes that would be
located to the west. The balance of the proposed common wall residences at the south
edge of phase 4 will have backyards that face Nob Hill Boulevard. Nob Hill Boulevard
will eventually become an urban arterial which is also less desirable for detached single-
family residential uses. Property to the south of this proposed row of common wall
residences is also owned by the applicant and is outside the Yakima Urban Area. The
property will probably remain in alfalfa until it is platted, at which time common wall
units will probably be proposed along the south side of Nob Hill Boulevard as well. As
such, compatibility with the neighborhood is insured by placing all of the common wall
residences within the interior of the proposed plat or adjacent to property owned by the
developer. Until other traffic connections are made, traffic from this development will
not pass through any existing neighborhood other than its own. Several duplex and
common wall developments similar to this proposal have been approved in the West
Valley area since the adoption of the Urban Area Comprehensive Plan and Zoning
Cottonwood Partners, LLC; What the Hay, LLC 14
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
D0,0‘
INDEX
il___Aa.:1_
Ordinance.
3. Compliance with the Provisions and Standards Established in the Zoning
Ordinance. The common wall residential lots will range in size from 5,200 to 5,875
square feet in size. They will have direct access to abutting streets by way of shared
driveways. Each unit will have a two -car garage and two parking spaces in front of the
garage. The footprint of the residences will generally be 36 feet by 36 feet, which is
about 1,300 square feet in size. A patio expected to be 10 feet by 10 feet in size is also
planned for each residence. A typical individual lot will have lot coverage of about 37
per cent. The proposed lots can accommodate larger units and, in most cases, larger units
will be constructed. Whatever sizes and designs of common wall residential units are
finally constructed on the lots, it is anticipated that they will comply with all the
provisions and standards for common wall residences such as lot size, parking spaces,
height limitation, setbacks and other applicable requirements without any known need at
this time for any administrative adjustments.
Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the
Hearing Examiner shall review a proposed subdivision during an open record public
hearing to inquire into and determine whether or not the following standards are satisfied:
1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: Subsections 15.03.030(2) and (3) of the Urban Area
Zoning Ordinance indicate that the purpose of both the One -Family Residential (R-1) and
Two -Family Residential (R-2) zoning districts is to establish and preserve residential
neighborhoods for detached single-family dwellings and other uses compatible with the
intent of those districts. The main difference between the two districts is that the R-2
zoning district is also intended for duplexes and for densities exceeding seven dwelling
units per net residential acre. The proposed plat contains lot sizes ranging from 5,200
square feet to 24,200 square feet. All of the lots exceed the minimum lot size required
Cottonwood Partners, LLC; What the Hay, LLC 15
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04
for single-family and common wall residences in the R-1 zoning district and for duplexes
in the R-2 zoning district. The proposed plat is consistent with the densities and other
provisions in the zoning ordinance applicable to the R-1 and R-2 zoning districts. As
previously noted, comments provided at the Development Services Team meeting on
September 29, 2004 from the Water Division indicated that the Nob Hill Water Company
would provide all domestic water for the subdivision and the Building Codes Division
assigned addresses to the lots that should be shown on the plat. The Engineering
Division recommended the planned street connection with the Meadowview plat.
2) Subsection 14.20.100(2) -- Consistency with the provisions of the
Comprehensive Plan: The City's Future Land Use Map and Comprehensive Plan
designate phases 3 and 4 of the proposed plat as suitable for Low Density Residential
development and phases 5, 6 and 7 of the proposed plat as suitable for Medium Density
Residential development. This proposed plat is consistent with those respective
designations where they are proposed within the plat and is also consistent with other
provisions of the comprehensive plan that encourage a mixture of housing types and
densities, promote infilling, recognize the need for public sewer and water, encourage
disposal of surface drainage on-site and encourage development consistent with the
general land use pattern in the area.
3) Subsection 14.20.100(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance": As proposed, this plat meets all the design
requirements in Chapter 14.30 of the City's subdivision ordinance and in the City's Title
12 development standards. This review and the conditions of this recommendation are
intended to further ensure consistency with the provisions of the City's subdivision
ordinance as well as other applicable City ordinances.
4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health,
safety and general welfare: The construction of new residential units which will
complement adjacent uses will promote the public health, safety and general welfare.
Cottonwood Partners, LLC; What the Hay, LLC 16
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04; DOC,
CL (2) #27-04; EC 25-04 INDEX
There is a need in this community for the types of residences proposed for this plat.
Being able to see the types of residences which have already been constructed in phases 1
and 2 of this plat makes it easier for one to anticipate that phases 3 through 7 of the plat
will also provide various types of quality housing for the West Valley area.
5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: The
proposed lots are larger than minimum sizes that could be approved for various types of
dwelling units in the R-1 and R-2 zoning districts. Lot coverages of less than 45% in the
R-1 zoning district and of less than 50% in the R-2 zoning district will provide light and
air for future residents in accordance with the standards in the zoning ordinance. There
will be buffers on both sides of Shaw Creek. Streets will have sidewalks on both sides
and there will be a variety of lot sizes, particularly in phases 3 and 4. No additional open
spaces are recommended or deemed necessary.
6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
Drainage of individual lots will be provided on-site at the time of construction. The
SEPA MDNS requires that a fmal binding stormwater and drainage control plan for the
entire property must be developed by a licensed professional engineer in consultation
with the City Engineer prior to construction of any area of the development. Detailed
requirements are set forth for the plan and the applicant is required to comply with all
applicable local, State and federal requirements.
7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: At the present time access to the proposed plat is from
Tieton Drive through the existing street network of phases 1 and 2. A Traffic Capacity
Analysis was completed which indicated that this development will not exceed the PM
peak hour capacity of the city arterial street system and that reserve capacity exists on all
streets impacted by this development. The MDNS requires that the public street network
for Cottonwood Grove connect with the public street providing access through the plat of
Meadowview located immediately to the east. The MDNS also requires a second point
Cottonwood Partners, LLC; What the Hay, LLC 17
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04 IL_AEL
of access be provided before more than 30 dwelling units are constructed in order to
comply with Appendix D of the International Fire Code. The second access may be
provided by way of the connection of the street network with the street through the plat of
Meadowview, by extending Nob Hill Boulevard west from South 80th Avenue to the
street system in the plat, by extending Midvale Road west from South 80th Avenue to the
street system in the plat, by extending Wide Hollow Road north to the street system in the
plat or by any other method approved by the Fire Marshall. The interior streets within
phases 3 to 7 of the proposed preliminary plat will be constructed in accordance with the
City's standards and requirements. The proposed plat therefore makes appropriate
provisions for streets.
8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops:
Transit service to the proposed plat would be provided by bus route number 1,
Summitview/Lincoln, and bus route number 8, Lincoln/Summitview.
9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: An adequate water supply in this area
is available from Nob Hill Water Company.
10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There are appropriate provisions for sanitary waste disposal because there are
already within the area sewer mains capable of handling the demands of this
development.
11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: The proposed phases 3 to 7 of this plat are about one mile driving distance
from the West Valley Neighborhood Park. Appropriate provisions are made for parks
and recreation without the need for an internal park.
Cottonwood Partners, LLC; What the Hay, LLC 18
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC,
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04 AI_(
12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds:
The playground at Cottonwood Elementary School abuts this proposed plat on the west
and no additional playground area within the plat is recommended or deemed necessary.
13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and
school grounds. Cottonwood Elementary School abuts the proposed plat on the west.
No comments were received from the School District to suggest the need for an
additional school at this location.
14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks: Since
the proposed plat will have sidewalks on both sides of the streets in accordance with City
standards, the proposed plat will make appropriate provisions for sidewalks.
15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning
features that assure safe walking conditions for students who walk to and from
school: Originally a paved walking path was proposed within the plat which led to the
Cottonwood Elementary School. However, because such paths can create concerns for
the safety of children using them, the school district asked that that feature be eliminated
from the proposed plat. It is felt that sidewalks on both sides of the streets will provide
safer walking conditions for students who walk to and from school than a path would.
16) Subsection 14.20.100(5) — Public use and interest: The proposed plat is
consistent with neighboring land uses and better serves the needs of the Urban Growth
Area than continued agricultural use. Based on the standards discussed above, it is
apparent that the public use and interest will in fact be served by the proposed plat. It
complies with the City's Urban Area Zoning Ordinance, Comprehensive Plan and
Subdivision Ordinance. It makes appropriate provisions for the public health, safety and
general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary
waste disposal and sidewalks and is in a location where additional provisions for parks,
Cottonwood Partners, LLC; What the Hay, LLC 19
Vicinity of 8900 Block of Midvale Road DOC,
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04 # A .— I
playgrounds, schools or separate walking paths to school are neither recommended nor
deemed appropriate.
Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal
Code. The following analysis involves the application's consistency with applicable
development regulations, or in the absence of applicable regulations, the adopted
Comprehensive Plan as mandated by the State Growth Management Act and the Yakima
Municipal Code. During project review, neither the City nor any subsequent reviewing
body may re-examine alternatives to, or hear appeals on, the items identified in these
conclusions except for issues of code interpretation.
a) The type of land use contemplated by the proposal (a residential
development) is permitted on this site so long as it complies with the regulations of the
zoning ordinance, subdivision ordinance, building codes and other applicable regulations.
b) The level of development (lot size, contemplated density) of the portion of
the proposed plat within the One -Family Residential (R-1) zoning district will not exceed
the allowable limit in that district and the level of development of the portion of the
proposed plat within the Two -Family Residential (R-2) zoning district will not exceed the
allowable limit in that district.
c) The availability and adequacy of infrastructure and public facilities is
not an issue because the additional infrastructure that will be provided at the applicant's
expense will insure that adequate infrastructure and public facilities are available for the
proposed plat.
d) The character of the proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed plat which have
Cottonwood Partners, LLC; What the Hay, LLC 20
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04 # n `'
been discussed in detail above. With appropriate conditions, the proposed preliminary
plat, including the proposed rezone of about one-half the property from the R-1 to the R-2
zone and the proposed construction of common wall residences on some of the lots in the
R-1 zone, will be consistent with the development standards of applicable City
ordinances.
CONCLUSIONS
1. The Hearing Examiner has jurisdiction to recommend to the Yakima City Council
the approval of a preliminary plat pursuant to Section 14.20.100 of the subdivision
ordinance; the approval of a rezone pursuant to Section 15.23.030 of the zoning
ordinance; and the approval of a Class (2) use as part of a master application pursuant to
Subsection 15.14.040(3)(e) and Section 15.11.110 of the zoning ordinance.
2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this
project on April 8, 2005 and was not appealed within the time period for an appeal which
expired on April 25, 2005.
3. The evidence submitted satisfies all seven of the criteria required for approval of
the proposed rezone of the area within phases 5, 6 and 7 of the proposed preliminary plat
from the R-1 zoning district to the R-2 zoning district, subject to the conditions detailed
below.
4. The evidence submitted satisfies all three of the criteria required for approval of
the proposed Class (2) common wall residential use for the lots specified for such use in
the R-1 zoning district within phases 3 and 4 of the proposed preliminary plat, subject to
the conditions detailed below.
Cottonwood Partners, LLC; What the Hay, LLC 21
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC,
INDEX
5. The proposed phases 3 to 7 of the preliminary plat of Cottonwood Grove, with the
conditions detailed below, are in compliance with the City's zoning ordinance,
subdivision ordinance and comprehensive plan; make appropriate provisions for the
public health, safety and general welfare and for open spaces, drainage ways, streets,
transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds
and sidewalks; and, according to the weight of the evidence presented at the hearing, do
not require that specific provisions be made for the other requisite plat considerations
such as additional schools, additional schoolgrounds or additional planning features that
assure safe walking conditions for students who only walk to and from school.
6. The proposed preliminary plat, rezone and Class (2) use are in compliance with
the consistency requirements of Subsection 16.06.020(B) of the YMC.
RECOMMENDATIONS
The Hearing Examiner recommends to the Yakima City Council that (i) the proposed
228 -lot preliminary plat of phases 3 to 7 of the Plat of Cottonwood Grove; (ii) the
requested rezone of the area within phases 5, 6 and 7 of said proposed preliminary plat
from R-1 to R-2; and (iii) the requested Class (2) common wall residential use for Lots
301 to 310, Lots 401 to 408 and Lots 444 to 461 in phases 3 and 4 of the proposed
preliminary plat all be APPROVED in accordance with the details described in the
application and in the related documents which are assigned file numbers LONG PLAT
#3-04, RZ #6-04, CL (2) #27-04 and EC #25-04, subject to compliance with the
following conditions:
Cottonwood Partners, LLC; What the Hay, LLC 22
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC,
INDEX
1. Prior to final plat approval the interior streets shall be engineered, constructed and
approved according to the standards and requirements of the City Engineer and YMC
Title 12.
2. All lots shall be served with public water from the Nob Hill Water Company. No
individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final
plat approval, written verification from Nob Hill Water must be submitted to the Building
Codes and Planning Division indicating that all construction required to provide each lot
with domestic water has been completed and the fees paid.
3. All lots shall be provided with public sewer service according to YMC Title 12
standards. No individual septic systems or other sewage disposal methods will be
allowed. Prior to final plat approval written verification from the City of Yakima
Engineering Department must be provided to the Building Codes and Planning Division
indicating that all sewer extensions have been completed or financially secured.
4. A minimum 8 -foot -wide public utility easement must be provided adjacent to all
public road rights-of-way.
5. The width of all easements for buried utilities must be at least twice the depth of
the planned excavation, and all easements for new and/or future utilities shall be 16 feet
in width or as otherwise specified by the utility provider.
6. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
7. All public and private utilities to be located within public road rights-of-way must
be constructed prior to the start of road construction.
8. Fire hydrants shall be placed at the locations specified by the Building Codes and
Planning Division and Yakima Fire Department. All lots must be provided with adequate
fire flow.
9. Irrigation easements, if any are required, shall be provided as specified by the
Yakima Valley Canal Company.
10. After making provision for the interconnection of the road network within this plat
and the neighboring Plat of Meadowview, the final plat shall substantially conform to the
preliminary plat, but shall incorporate the requirements of the MDNS and any
modifications of the preliminary plat required by the City Council.
Cottonwood Partners, LLC; What the Hay, LLC 23
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
11. All permits required by the Yakima Regional Clean Air Authority shall be
obtained. The developer shall designate a responsible party to serve as a contact person
during working hours for suspected air quality violations.
12. The developer shall contact the State Department of Ecology to determine if a
baseline general permit for stormwater discharges will be necessary for this development.
Application shall be made at least 30 days prior to the start of construction.
13. A final binding stormwater and drainage control plan for the entire property,
including the installation of flood control measures, shall be submitted and approved
prior to construction of improvements for any area of the development.
14. Critical areas setbacks for Shaw Creek must be observed.
15. A grading plan and permit for the entire property is required prior to construction
of improvements for any area of the development.
16. Erosion control methods such as temporary ponding, silt fencing, etc. must be in
place prior to clearing, grading or construction.
17. All addresses shall be as specified by the Building Codes Division and all
addresses must be clearly shown on the face of the final plat.
18. Two points of emergency ingress/egress must be provided prior to the construction
of more than 30 residential units in any portion of the area within phases 3 to 7 of the
plat.
19. This plat shall be subject to the following notes, which must be placed on the face
of the plat:
a. The addresses shown on this plat are accurate as of the date of recording,
but may be subject to change. The City of Yakima Building Codes and
Planning Division is responsible for the confirmation or reassignment of
addresses at the time of building permit issuance.
b. The owners shown hereon, their grantees and assignees in interest hereby
covenant and agree to retain all surface water generated within the plat on-
site.
Cottonwood Partners, LLC; What the Hay, LLC 24
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC,
INDEX
# ��-(
20. The applicant must comply with all of the requirements of the Mitigated
Declaration of Nonsignificance.
21. The applicant shall grant an easement that will enable the prospective purchasers
of Tract A (the Seamans and the Radkes) to be able to extend the public sewer line at
those purchasers' expense to the south boundary of that tract between whichever of the
applicant's two lots will be closest to the line that will divide the ownership of that tract
between the respective purchasers.
22. Relative to the period of time allowed for submission of the applicant's final plat
after approval of this preliminary plat, the applicant shall have the longer period of time
and the increased number of extensions that may become available in the future as a
result of any future amendments to the City's subdivision ordinance that may be adopted
prior to the expiration of the three-year period or prior to the expiration of the extension
currently allowed by the City's existing subdivision ordinance.
DATED this 10th day of June, 2005.
Cottonwood Partners, LLC; What the Hay, LLC 25
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
a..-.1 4- . C :.......14.—.•
Gary M. Cuillier, Hearing Examiner
DOC.
INDEX
# fl- A-1
NOTICE OF PUBLIC MEETING
Cottonwood Grove Phase 3 Final Plat in Vicinity of 8900 Block of Midvale Rd.
NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public
meeting to consider Phase 3 of the 228 -lot subdivision plat of 63.5 acres, developed in
five phases, known as Cottonwood Grove, submitted by Cottonwood Partners, LLC,
What the Hay, LLC, developers. The property is located in the vicinity of the 8900 block
of Midvale Road, and to the south of the already existing plat of Cottonwood Grove,
Phases 1 and 2.
Said closed record public meeting will be held Tuesday, May 16, 2006 at
7:00 p.m., or soon thereafter, in the Council Chambers at City Hall located at 129 North
2nd Street, Yakima, Washington.
Any citizen wishing to comment on this request is welcome to attend the public
meeting or contact the City Council in the following manner:
1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street,
Yakima, Wa. 98901"; or,
2) E-mail your comments to ccouncil@ci.yakima.wa.us. Include in the e-mail
subject line, "Cottonwood Grove." Please also include your name and mailing
address.
Dated this 9th day of May, 2006.
Karen S. Roberts
City Clerk
Mailed 5/10/06
WAWA
N N�U1Ut iT
7—
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SNP
NIUGLF ROAD
Wide Hallow Rd
CITY OF YAKIMA, WASHINGTON
VICINITY MAP
FILE NO: RZ6-04, EC25-04, CL2-27-04 & LNGPLT3-04
APPLICANT: WHAT THE HAY, LLC
•
)z
Subject Property
REQUEST: PREL LONG PLAT, REZONE, ENV R.ONMENTAL � �" � Yakima CityLimits
REVIEW & SUBDIVISION DEVELOPMENT 'Heart xaptifief 600cc
LOCATION: VICINITY OF 8900 BLOCK MIDVALE RD. i
EL. ko
RZ6-04 09/14/04
TIDE PLAT OJP
COTTONWOOD GROVE PI
LCR 7224037
YCPWD AC IN CASE
FOUND OCTOBER 2004
24 19
25 30 1328.08'
N
d
1327.90'
25 30- -1327.72'
LCR 1M-1440
#5 REBAR
FOUND OCTOBER 2004
m
m
N
m
PART OF THE EAST HALF OF THE NORTHWEST QUARTER
AND OF THE WEST HALF OF THE NORTHEAST QUARTER
OF SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.
659.42'
N. 89'59'20' E.
659.87'
m
860.32'
S. 89'57'1 2648.54'
S. 0015'15 W.
W
m
1322.44'
S. 89'53'11r W. 2650.16'
S. 89'58'39. E.
659.42'
1319.74'
659.87'
660.32'
N. 89'
100.00'
N. 00'22'5? E.
3.76'
SIE3
LCR 7416359
YCPWD AC IN CASE
FOUND OCTOBER 2004
19
WOO
30
S. 89'57'1
1068.67'
TRACT B
HEREIN RESERVED FOR THE
POSSIBLE FUTURE EXTENSION
OF WEST NOB HILL BLVD.
TRACT TO BE OWNED BY
COTTONWOOD PARTNERS LLC.
TRACT TO BE DEEDED TO THE CITY
OF YAKIMA AT NO EXPENSE TO
THE CITY OF YAKIMA AT SUCH
TIME AS IT IS DETERMINED TO
BE NECESSARY FOR SAID ROAD
EXTENSION.
H
1
1
5283.90'
T"'"'
200
0
200
400
600
Scale 1" = 200'
VE
1318.49' DR
S. 89•5710" W. 2637.24'
1318.62'
MIDVALE ROAD
N. 19'57'1IE.
1318.63'
-_„U„KO„ NOM --
--r
S. 89'57' 10 W. 1068.67'
II
-N. 89'37'03 W.
100.00'
III 30' EASEMENT FOR
�J EMERGENCY VEHICLE
II ACCESS. TO VACATE
AUTOMATICALLY AS
I}, THE PROPERTY IS
h DEVELOPED.
TRACT A
834597* S.F.
131 .74'
Ir
I
LCR 7416360
YCPWD AC IN CASE
FOUND OCTOBER 2004
1318.49'
IIIVALE ROAD
1318.62'
19 20
30 29
N
N
-
I
_4
N. 89'37'21' W.
150.00'
LCR 1M-1438
114 OD IP
FOUND OCTOBER 2004
TRACT F3 1318.74'
,
SEE EMERGENCY VEHICLE
ACCESS DETAIL - PAGE 5
65937* S.F.
S. 89'57'1
1068.67'
N. 00'22'39' E.
1.37'
t7i 1318.74'
S. 89'53'00' W. 2637.48'
N. 89'37'21 W.
150.00'
LCR 2M-40
UNMARKED BC
FOUND OCTOBER 2004
0
N
30 29
OR'S CERTIFI
g
6
- =
K
03
0
0
LOT tf
ADDRESS
LOT %
ADDRESS
317
8509 W ARUNGTON AVE
342
8503 GROVE AVE
318
8507 W ARLINGTON AVE
343
8501 GROVE AVE
319
8505 W ARLINGTON AVE
350
8510 GROVE AVE
320
8503 W ARLINGTON AVE
351
8508 GROVE AVE
321
8501 W ARLINGTON AVE
352
8508 GROVE AVE
328
8510 W ARLINGTON AVE
353
8504 GROVE AVE
329
8508 W ARLINGTON AVE
354
8502 GROVE AVE
330
8508 W ARLINGTON AVE
355
1001 5 85th AVE
331
8504 W ARUNGTON AVE
356
1003 S 85th AVE
332
8502 W ARLINGTON AVE
357
1005 S 85th AVE
339
8509 GROVE AVE
358
1007 S 85th AVE
340
8507 GROVE AVE
359
1009 S 85th AVE
341
8505 GROVE AVE
380
1011 S 85th AVE
88.00'
1.01" 316
88.00'
h
N
N
88.00'
L01' 317
9328± S.F.
NUMBER
DELTA
RADIUS (ft)
ARC LENGTH (ft)
036
15'12'29'
100.00
26.54
C37
15'12'29
125.00
33.18
038
15'13'07'
150.00
39.84
C39
1450'47'
150.00
38.87
040
14'50'47'
125.00
32.39
C41
14'50'4?
100.00
25.91
C42
89'34'31'
20.00
31.27
043
91725'29
20.00
31.58
C44
8914'31'
20.00
31.27
C45
90'25'29
20.00
31.58
88.00'
LOT 318
9328± S.F.
88.00'
88.00'
N. 89'57'10' E. 1318.6'
88.00'
LOT 319
9328* S.F.
957.83'
88.00'
WEST ARUNGTON AVE
g
40 0 40 80 120
Scale 1" = 40'
EASEMENT LINE
AU. EASEMENTS SHOWN HEREON ARE
12' L01UTY AND IRRIGATION EASEMENTS
UNLESS OTHERWISE INDICATED.
-N.-8857'10T E. 1058.64' - - RIGHTOF WAY HERON -DEDICATED-
•
90.00'
90.00'
90.00'
LOT 329
9540* S.F.
90.00'
-_j--_ 90.00'
90.00'
LOT 331
95401 S.F.
90.00'
74.96'
LOT 332
9952* S.F.
94.32'
---,l
LOT 327
90.00'
$
LOT 328
9540* S.F.
90.00'
.8
d
a
g
.-
9540*
8
(4
N
$ LOT 330
.-
S.F.
90.00'
8
N
N
g
g
8
c1
N
AS.E0.00 'N
$
-ZO
2
LOT 339
9540* S.F.
90.00'
3
h3
b
m
2
N. 89'57'10' E.
LOT 340
9540! S.F.
90.00'
}}3,,
8
Zp
a
998.65'
Ca LOT 341
9540!: S.F.
90.00'
3
g
g
2
a
LOT 342
95401: S.F.
90.00'
3
b
8
m
a
LAT 343
9872* S.F.
73.68'
_J
4405
90.00'
LOT 349
90.00'
90.00'
GROVE AVENUE
___ - N
N. 89'57'7' 0 E 1058.86' IGHT OF WAY HEREIN DEDICATED
90.00'
z
LOT 350
9540k S.F.
90.00'
O LOT 351
9540* S.F.
90.00'
958.87'
z
90.00'
LOT 352
9540* S.F.
90.00'
S. 89'57'0' W. 1068.67'
z
90.00'
LOT 353
95401 S.F.
9000
0
74.97'
LOT 354
9953* S.F.
94.33'
25.00' Z 25.00' 1
f
gg I
cll I
}
21
LL'I
1 25'
91.66'
(.01' 355
86701 S.F.
N. 89'37'21' W
8
m
100.00'
LOT 356
87301 S.F.
N. 89'37'21' W
m
100.00'
LAT 357
8730* S.F.
N. 89'37'21' W
100.00'
LOT 358
8730* S.F.
N. 8737'21' W
100.00'
LOT 359
8730* S.F.
N. 89'37'21` W.
A
o
25.00' 25.00' 1
N. 89'37'21' W.
100.00'
LAT 360
8730* S.F.
100.00'
150.00'
of
AUDITOR'S CERTIFICA
z
6 /n
8
COTTONWOOD
LOT j
ADDRESS
LOT II
ADDRESS
301
1002 S 88th AVE
323
8704 W ARLINGTON AVE
302
1004 S 88th AVE
324
8702 W ARLINGTON AVE
303
1006 S 88th AVE
325
8606 W ARLINGTON AVE
304
1008 S 88th AVE
328
8604 W ARLINGTON AVE
305 _
1010.5 88th AVE
327
8602 W ARUNGTON AVE
306
1012 S 88th AVE
333
8705 GROVE AVE
307
1014 S 88th AVE
334
8703 GROVE AVE
308
1016 S 88th AVE
335
8701 GROVE AVE
309
1018 S 88th AVE
336
8605 GROVE AVE
310
1020 S 88th AVE
337
8603 GROVE AVE
311
8705 W ARUNGTON AVE
338
8601 GROVE AVE
312
8703 W ARUNGTON AVE
344
8706 GROVE AVE
313
8701 W ARUNGTON AVE
345
8704 GROVE AVE
314
8605 W ARUNGTON AVE
346
8702 GROVE AVE
315
8803 W ARUNGTON AVE
347
8608 GROVE AVE
316
8601 W ARUNGTON AVE
348
8604 GROVE AVE
322
8706 W ARUNGTON AVE
349
8802 GROVE AVE
NUMBER
DELTA
RADIUS (ft)
ARC LENGTH (ft)
C25
2728'59'
90.00
35.32
C26
2238'59"
125.00
49.41
C27
22'44'36'
160.00
63.51
C28
06'49'48'
160.00
19.07
C29
15'49'06'
180.00
44.17
C30
2238'54'
125.00
49.41
C31
13'59'10'
90.00
21.97
C32
99'05'31'
20.00
34.59
C33
89'3413'
20.00
31.27
C34
90'25'47"
20.00
31.57
C35
89'34'I'
20.00
31.27
N. 69'57'19r E.
1318.6
40
0
40
80
120
Scale 1" = 40'
-'---- EASEMENT UNE
ALL EASEMENTS SHOWN HEREON ARE
12' UTILITY ANO IRRIGATION EASEMENTS
UNLESS OTHERWISE INDICATED.
119.28'
LOT 301
59321 S.F.
/
/
/
5. sozror E. 106.06' // '
OMMON WALL UNE
1.01 302
5287-1 S.F.
N. 8W37'03' W.
100.00'
LOT 303
5200* S.F.
S. 89'37'03' E. 100.00'
COMMON WALL UNE
LOT 304
52001 S.F.
N. 89'37'0$' w
100.00'
1.07 305
5200* S.F.
S. 89'37'03' E. 100.00'
COMMON WALL UNE
LOT 306
5200* S.F.
N. 89'37'03' W.
100.00'
LOT 307
52001 S.F.
S. 89'37'03' E. 100.00'
COMMON WALL UNE
LOT 308
5200* SF.
N. 89'37'03 W.
100.00'
LOT 309
5200-1 S.F.
S. 8737'03' E. 100.00' 1
COMMON WALL LINE
LOT 310
52001 S.F.
89'37'• W.
N. 00'22'57" E.
3.78'
35.00
Ig
5.00
90.00
LOT 311
105031 S.F.
88.00'
g$ LOT 312
9326E S.F.
89.12'
LOT 313
93281 S.F.
LOT 314
93281 S.F.
88.00'
if
N
$
957.83'
WEST ARUNGTON AVENUE
RIGHT OF WAY HEREIN DEDICAiEO N 89'57'10' E.- 1058.84'--
g
88.00
LOT 315
93281 S.F.
88.00'
!3,
LOT 316
93281 S.F.
z
88.00' a 88.00'
88.00'
g
N
IG
73.69'
LOT 322
9873:E S.F.
94. _ '
c
•-
$
n1
90.00'
LOT 323
9540* S.F.
. •, • •
'
o
$
el
9 .00'
LOT 324
9540E SF.
90 ..f
$
.-
----_-
$
90.00'
LOT 325
95401 S.F.
.0...'
o
$
ei
90.00'
LOT 326
9540-1 S.F.
'4 y'
$
o
$
c.1
90.00'
LOT 327
9540* S.F.
90...'
$
$ .
.- i
R
LOT 333
995S.F.
*
m
0
3
z
LOT 334
9540* S.F.
.-
3
z
N. 89'57'1 •
LOT 335
9540* S.F.
E.
0
3
z
998.65'
LOT 336
9540* S.F.
_._•..
0
3
z
LOT 337
95401 S.F.
90...'
g
3
z
LOT 338
9540* S.F.
o
7 ...
90..1
90.x.'
90.••'
GROVE AVENUE
- RIGHT OF WAY HEREIN DEDICATED N. 89'5577101-E 1058.66'
N
958.87'
N
N
$
73.70'
90.00'
90.00'
90.00'
90.
90.00
10T 344
9874E S.F.
35.90' I 94.34'
LOT 345
9540* S.F.
LOT 348
9540* S.F.
90.00' 90.
5. 89'57'10 W. 1068.67'
1.01' 347
9540* S.F.
90,00'
LOT 348
9540* S.F.
90.00'
$$�
LOT 349
9540* S.F.
90.00'
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AUDMO S CER1TFIC
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COTTONWOOD
THE SOUTHWEST QUARTER OF TME NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 13 NORTH,
RANGE 18 EAST. W.M.
EXCEPT THE NORTH 273 FEET THEREOF.
TOGETHER WITH EASEMENT B AS SHOWN HEREON.
TAX PARCEL NUMBER: 181330-13003.
EASEMENT R RESERVATION (SEE DETAIL ON PAGE 5)
KNOW ALL MEN BY THESE PRESENTS THAT WHAT THE HAY LLC 15 FEE SIMPLE OWNER
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP
13 NORTH, RANGE 18 EAST, W.M., EXCEPT ROAD RIGHT OF WAY ON THE SOUTH AND
EXCEPT YVT RIGHT OF WAY; DOES HEREBY GRANT AND RESERVE EASEMENT 8 AS SHOWN
HEREON FOR THE USES INDICATED HEREON.
RICHARD C. HOCHREIN, MEMBER
DEDICATION AND WAVER OF CLAM
KNOW ALL PERSONS BY THESE PRESENTS THAT COTTONWOOD PARTNERS LLC, A WASHINGTON
LIMITED UABILTY COMPANY IS THE OWNER AND ALL OTHER PARTIES HAVING ANY INTEREST
IN THE LAND HEREON DESCRIBED; HAVE WITH IT'S FREE CONSENT AND IN ACCORDANCE
WITH ITS DESIRES CAUSED THE SAME TO BE SURVEYED AND SHORT PLATTED AS SHOWN
HEREON; DO HEREBY DEDICATE THOSE ROADS AND/OR RIGHTS OF WAY SHOWN AS PUBUC
DEDICATIONS HEREON TO THE USE OF THE PUBLIC; DO HEREBY WAIVE ON BEHALF OF ITSELF
AND IT'S SUCCESSORS IN INTEREST AU. CLAIMS FOR DAAUGES AGAINST THE CRY OF YAKIMA
AND ANY OTHER GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT
LAND BY THE ESTABUSHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROADS
AND/OR RIGHTS OF WAY; AND 00 HEREBY GRANT AND RESERVE THE EASEMENTS AS SHOWN
HEREON FOR THE USES INDICATED.
DOUGLAS HUGHES. MEMBER RICHARD C. HOCHREIN, MEMBER
COTTONWOOD PARTNERS LLC COTTONWOOD PARTNERS LLC
STATE OF WASHINGTON
COUNTY OF YAKIMA
ss
ON THIS DAY OF 200 . BEFORE
ME, THE UNDERSIGNED, A NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON DULY
COMMISSIONED AND SWORN. PERSONALLY APPEARED DOUGLAS HUGHES AND RICHARD C. HOCHREIN,
TO ME KNOWN TO BE MEMBERS OF COTTONWOOD PARTNERS LLC. THE UMTED LIABILITY COMPANY
THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT
TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID UNITED LIABILITY COMPANY, FOR
THE USES AND PURPOSES THEREIN MENTIONED. MD ON OATH STATED THAT THEY WERE AUTHORIZED
TO EXECUTE SAID INSTRUMENT ON BEHALF OF SND UNITED UABILITY COMPANY.
IN WITNESS WHEREOF 1 HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE
DAY AND YEAR FIRST ABOVE WRITTEN.
NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON MY COMMISSION EXPIRES
STATE OF WASHINGTON
COUNTY OF YAKIMA
ss
ON THIS DAY OF 200 _ BEFORE
ME, THE UNDERSIGNED, A NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON DULY
COMMISSIONED AND SWORN. PERSONALLY APPEARED RICHARD C. HOCHREN, TO ME KNOWN
TO BE A MEMBER OF WHAT THE HAY LLC, THE UNITED UABIIJTY COMPANY THAT EXECUTED
THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE
FREE AND VOLUNTARY ACT AND DEED OF SAID UMRED UABIUTY COMPANY, FOR THE USES
AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED
TO EXECUTE SAID INSTRUMENT ON BEHALF OF SAD UMITED LIABILITY COMPANY.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL NE
DAY AND YEAR FIRST ABOVE WRITTEN.
NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON MY COMMISSION EXPIRES
I HEREBY CERTIFY THAT ALL REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE
HAVE BEEN PAID, THAT ALL TAXES LEVIED AGAINST THE PROPERTY HAVE BEEN PAID, AND THAT
125% OF THE TAXES LAST PAID HAVE BEEN DEPOSITED WITH THIS OFFICE.
DATED THIS DAY OF 200
OFFICE OF YAKIMA COUNTY TREASURER
AIMEMILS
APPROVED BY THE CITY OF YAKIMA PLAT ADMINISTRATOR THIS
DAY OF 200
ADMINISTRATOR
APPROVED BY THE CITY OF YAKIMA ENGINEER THIS
DAY OF 200
ENGINEER
APPROVED EY THE YAKIMA CITY COUNCIL THIS
DAY OF 200
MAYOR, CITY OF YAKIMA
=MDR S CERTIFICATE
I, ROBERT SWARD. A PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS PLAT OF
COTTONWOOD GROVE PHASES 3 AND 5 IS BASED ON MI ACTUAL SURVEY OF THE HEREON DESCRIBED
PROPERTY, THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN HEREON CORRECTLY AND THAT
MONUMENTS AND LOT CORNERS HAVE BEEN SET ON THE GROUND AS SHOWN HEREON.
ROBERT SEWARD. PROFESSIONAL LAND SURVEYOR, L.S. 9623
THE PROPERTY DESCRIBED HEREON IS WHOLLY OR IN PART LOCATED WITHIN THE BOUNDARIES
OF THE YAKIMA VALLEY CANAL COMPANY AND ALL LOTS WITHIN THE PLAT ARE SUBJECT TO
THE TERMS, CONDITIONS, RESERVATIONS AND OBUGATIO NS IN THE PRESENT AND FUTURE
CONCERNING IRRIGATION WATER RIGHT OF WAY AND EASEMENTS AS MAY BE IMPOSED BY SAID
COMPANY IN ACCORDANCE WITH THE LAW.
THE ADDRESSES SHOWN ON THIS PLAT ART ACCURATE AS OF THE DATE OF RECORDING, BUT
MAY BE SUBJECT TO CHANGE. THE CITY OF YAKIMA CODE ADMINISTRATION DMSION IS
RESPONSIBLE FOR THE CONFIRMATION OR REASSIGNMENT OF ADDRESSES AT THE DME OF
BUILDING PEWIT ISSUANCE.
NE OWNERS SHOWN HEREON, THEIR GRANTEES AND ASSIGNEES N INTEREST HEREBY COVENANT
AND AGREE TO RETAIN ALL SURFACE WATER GENERATED WITHIN THE PLAT ON SIE
THIS SURVEY IS BASED ON FIELD TRAVERSE PROCEDURES
USING A NIKON DTA 420 AND A CAUBRATED STEEL TAPE.
AU. LOT CORNERS SET ARE /5 REBAR WITH CAP LS 9623,
UNLESS OTHERWISE NOTED.
BASIS OF BEARINGS FOR THIS SURVEY IS ASSUMED.
PROPERTY CORNERS AND MONUMENTS ARE TO BE SET AS
SHOWN HEREON UPON COMPLETION OF PLAT IMPROVEMENTS.
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APRIL 19, 2006
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AUDITOR'S CFRIIFI
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30' ACCESS FASEINIT
r
xv
1r
Tr
s--- SLOPS 0.020 PT
05x5 Pr �y
: COPACED DEPN ASPENS CCRCIEDE
r COMPACTED DEPN CRUSHED SUF7fl10 8M@ COURSE
NOM
1010 COlemuC OF m 10 AN IRO= LOAD OF
AT LEAST 75000 POUNDS
IRAFTIO
001210 GEMS 10 5E INSTALLED EMERY 200
FEET PL
EMERGENCY VEHICLE ACCESS ROAD SECTION I DETAIL RS -24 )
EMERGENCY VEHICLE ACCESS
DETAIL SHOWING EASEMENT B
135'
I SEE TRACT A
ON PAGE 1
TRACT B
30' EASEMENT FNT OR
EMERGENCY VEHICLE
ACCESS. TO VACATE
AUTOMATICALLY AS
THE PROPERTY IS
DEVELOPED. TO BE
DEDICATED BY
ADJOINING OWNER.
WIDE HOLLOW ROAD
NW QTR OF THE
SE QTR OF SEC 30
NOT TO SCALE
1
to
AUDITOR'S CERTIFICATE
a
COTTONWOOD