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HomeMy WebLinkAboutR-2006-104 Cottonwood Grove Phase 5 Final Plat ApprovalRESOLUTION NO. R-2006- 104 A RESOLUTION approving the final plat of Phase 5 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 July 19, 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 5, 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 5 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 5 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 11th day of July , 2006. ATTEST: ��o--—, City Clerk (jc)res/Cottonwood Grove Phase 5 David Edi ;-Mayor City of Yakima, Washington Department of Community & Economic Development Planning Division Final Plat Staff Report City Council Public Meeting July 11, 2006 Final Plat Application By Cottonwood Partners, LLC For Phase 5 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 19, 2005 the Council accepted the Hearing Examiner's recommendation to grant preliminary approval to this long plat. At this time only Phase 5 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 temis 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 July 10, 2005 (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. 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 1 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 financially secured. Status: Public sewer for Phase 5 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. 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. 2 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: This requirement does not affect Phase S. 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 for critical area setbacks has been implemented. 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. 3 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 thirtieth 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 5. 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. Status: This easement has been established on the face of the plat. 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 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 5 of Cottonwood Grove and the passage of the resolution that authorizes the Mayor to sign the final plat. 5 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 JUN 1 0 2005 r OF YAKIMA PLANNING DIV, 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; # /4,4 - 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 DOC. 228 -Lot Plat of "Cottonwood Grove" INDEX PRE LONG PLAT #3-04; RZ 6-04; CL (2) #27-04; EC 25-04 AAI - 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 DUG. 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 # 14A-1 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" DOC. PRE LONG PLAT #3-04; RZ 6-04; INDEX CL (2) #27-04; EC 25-04 # n ✓ I } 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 -tum 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 # /—/-1 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 # AA—I 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 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" DOC. PRE LONG PLAT #3-04; RZ 6-04; INDEX CL (2) #27-04; EC 25-04 # A ,A -I (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 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 DOC. INDEX A1H 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 # iA 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)(6) — 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 final 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 # /fit_.__... 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, Snmmitview/Lincoln, and bus route number 8, Lincoln/Snmrnitview. 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 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 228 -Lot Plat of "Cottonwood Grove" PRE LONG PLAT #3-04; RZ 6-04; CL (2) #27-04; EC 25-04 DOC. INDEX 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 been discussed in detail above. With appropriate conditions, the proposed preliminary plat, including the proposed rezone of about one -hall -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 # A- A-( 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 } j 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 # AA—( 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 Gary M. Cuillier, Hearing Examiner DOC. INDEX THE PLAT OF COTTONWOOD GROVE PHASE 5 PART OF THE EAST HALF OF THE NORTHWEST QUARTER AND OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOVMSHIP 13 NORTH, RANGE 10 EAST. W.U. La 1771037 RE IO�Am OCTOBER 9004 200 0 200 400 900 MI S Scale 1" = 200' ICT 7414204 Ta1VCRIDi. CMS 0c6WMl1 9001 19 } r 4Os— — — 9979.0 =ON OAR — � Timam i /f 1 1 [UM ar[. to t 13:rrlti'' Qvbg0 n.1.c3_rE Pim F3:T Fi".7MAIM IT CTC"Fi 50FJ ,i TRACT C 11.73k ACRES Lt1. 25■ 1�I11�i-1440 %D1rit. 1 senaMitt: Tat faw ioaL 2004 L , •acoria 9001 d 64 Al; • • COTTONWOOD GROVE 12 COTTONWOOD GROVE /3 110 ISL SIIO i La 7414370 IMO IC CMS M i1D =OM 2004 19 20 r r V t 8 [a1♦L aL .7.1.-� 11=11•11a417,.7.•i♦ 2.11-711111111111111 -am !EA=r.. i i�r_i .a• [_•:>• r i:C[7:,ice F111111111 n■ i`.i1 Lei: iii "TIi• 1_.__ •TE3"'T:i• 111.17112,73-7-141111111111 1 ' 1EWA 1�3DRC-7TTh It1111 [71.r'stFaR•T'7•i1 , 1:711111F "3FaIOW F3£ M .111111 t.:MEr�.s-a 20.01 FIE', 47Lr%a F'•E•>• FIFrAIME •!_711111111EIF� r>•_�FTz>•ttfr/11=MW1 1=M ,31111=1111111gE FISFk.,1[aF-.! [3F1• Fci•:3Ca KTi>• [ IG1711111- a 100.0 11111111 FIUMEFSt.A Pi 1C:•Ti>•1' , ®1T•:iT.FlE0.00 RT:111=MMINI [iTl•Cr_1Fa F:•Z "•�FFT_:- Iii MOD CTrr4TrEi ,,L_.,11111111477S ZAN l.7.....1111111111 1 — — wow ME ALL MOM !1061 16!011 NIE LiLWOW ruIWIONS NI INDICAMOON ND. eo 0 i0 120 110 MI III •111 Scale 1" = 60' AWITOR•S G RIF1CAIE IEw RIR =OM 1111. ---..OW OR w It, UNDER AONIOR% FRE NU TRACT C 11.732 ACRES SEE PAGE 1 OF 3 MINTY ALUM aeon SURVEYORS CER'11RCATE 116 WP CORRECTLY REPREENTI A MAW WOE M IS OR UNDER Vr 101111 O ALTOONFORYINCE NEWER TIE R®UERWRS OF 1IE SUMOF COTTONWOOD MEINERS 11C r MAY w Oe 011 113 11-y 1D car WY 24, 2006 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of July 11, 2006 ITEM TITLE: Public Meeting for Council consideration of the final plat for Phase 5 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 5 of Cottonwood Grove is part of a seven -phase subdivision located south of Tieton Drive and accessed by South 87th Avenue. Phases 1 and 2 were recorded when this property was unincorporated and Phase 3 was recorded May 17, 2006. Phase 5 contains 31 of the total of 228 lots approved for Phases 3 through 5 of 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 5 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, Resolution Funding Source APPROVAL FOR SUBMITTAL: t�r=Manager STAFF RECOMMENDATION: Staff recommends Council's approval of the final plat for Phase 5 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 June 10, 2005. COUNCIL ACTION: Public meeting was held. Resolution adopted. RESOLUTION NO. R-2006-104 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 5 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).