HomeMy WebLinkAbout04/14/2026 08.B. Closed record public hearing - Resolution PD-002-25_PLP-002-25 Master Planned Development Johnston Estates r 'V
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.B.
For Meeting of: April 14, 2026
ITEM TITLE: Closed record public hearing and Resolution to consider the Hearing
Examiner's recommendation regarding the master planned
development and subdivision for the Plat of Johnston Estates
SUBMITTED BY: Trevor Martin, Planning Manager
*Jason Radtke, Senior Planner
SUMMARY EXPLANATION:
On October 9, 2025, Hordan Planning Services, on behalf of Eglin & Eglin, LLC, submitted an application
for the Plat of Johnston Estates consisting of a master planned development (file no. PD#002-25)with a
preliminary long plat (PLP#002-25), and SEPA environmental review (SEPA#012-25). The proposal
includes one parcel located at 5405 Summitview Ave. The proposed Planned Development would
subdivide approximately 4.85 acres into 29 lots and 3 tracts. 28 of the lots will be residential common
wall units, while one lot is planned for a commercial/retail establishment. The subject property is in the R-
2 zoning district.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Thriving Yakima
RECOMMENDATION: Pass Resolution
ATTACHMENTS:
Resolution_PD-002-25_PLP-002-25.docx
Eglin - Draft Development Agreement.docx
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RESOLUTION NO. R-2026-
A RESOLUTION approving the Master Planned Development of Plat of Johnston Estates
and authorizing and directing the City Manager to execute a Development
Agreement with Eglin & Eglin LLC (herein after"Developer") to provide for
the terms and conditions of development of a preliminary long plat and
planned development to be located at 5405 Summitview Ave., in the City
of Yakima.
WHEREAS, on October 9th, 2025, Hordan Planning Services, on behalf of Eglin & Eglin
LLC, submitted an application for a 4.85 acre, 29-lot Long Plat (PLP#002-25/SEPA#012-25) and
planned development (PD#002-25) known as the Plat of Johnston Estates (the "Project") for 28
residential lots and one commercial lot; and
WHEREAS, Developer has obtained development rights for one parcel, approximately
4.85 acres in the vicinity of Summitview Ave. and S. 52nd Ave., Yakima, Washington (the
"Property"), which is legally described in the Development Agreement as Exhibit "A", attached
hereto as Exhibit"A" and incorporated herein by this reference; and
WHEREAS, the City of Yakima (herein after"City") is a first class charter city incorporated
under the laws of the State of Washington and has the authority to enact laws and enter into
agreements to promote the health, safety, and welfare of its citizens and thereby to control the
use and development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with those
who own or control property within its jurisdiction pursuant to RCW 36.70B.170 through
36.70B.210, and YMC § 15.28.050; and
WHEREAS, on November 22, 2025, the City issued a Notice of Application and
Environmental Review for the Project; and
WHEREAS, Developer has proposed separate legal parcels by a subdivision of the
property, as defined in YMC § 14.10.020 and described in YMC Chapter 14.20; and
WHEREAS, the specific proposed use of the property identified by Developer is that of a
mixed-use master planned subdivision; and
WHEREAS, Developer intends to take appropriate steps to comply with environmental
and land use requirements related to development of the property; and
WHEREAS, the City of Yakima Planning Division conducted environmental review of the
Project under the State Environmental Policy Act ("SEPA") and issued a Determination of
Nonsignificance ("DNS") on the Project on December 23, 2025; and
WHEREAS, on January 8, 2026, the Hearing Examiner held an open record public
hearing in consideration of the Project; and
WHEREAS, on January 23, 2026, the Hearing Examiner issued his land use
recommendation proposing that the Project be approved subject to conditions, attached hereto
as Exhibit "B" and incorporated herein by this reference; and
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WHEREAS, on April 14, 2026, after notice duly given according to the requirements of
the City of Yakima Municipal Code, the City Council held a closed record public hearing and
adopted the recommendation of the Hearing Examiner; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will
amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over
development of the Project, provide for the orderly development of the Project consistent with
the City's current Comprehensive Plan and zoning for this Property, mitigate environmental
impact, and otherwise achieve the goals and purposes for which the Development Agreement
Statute was enacted; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into
this resolution.
Section 2. Incorporation of the Hearing Examiner's Recommendation and
Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and
ratified by the Yakima City Council as its conditional decision and approval of the Application
herein. A copy of the Recommendation is attached hereto as Exhibit "B" and fully incorporated
herein by this reference.
Section 3. Findings. The Yakima City Council adopts the findings of the Hearing
Examiner as its own findings herein, and further finds that the requirements of RCW§
58.17.110 have been met.
Section 4. Development Agreement. The City Manager of the City of Yakima is hereby
authorized and directed to execute the attached and incorporated Development Agreement. The
Yakima City Council, after a duly noticed public hearing, has determined that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of this
Agreement are consistent with the Comprehensive Plan and applicable development
regulations.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this resolution is declared invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this resolution.
ADOPTED BY THE CITY COUNCIL this 14th day of April, 2026.
ATTEST: Matt Brown, Mayor
Rosalinda Ibarra, City Clerk
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Exhibit A
DEVELOPMENT AGREEMENT
THE PLAT OF JOHNSTON ESTATES
A Master Planned Development
March ,2026
NARRATIVE DESCRIPTION OF PROJECT AND OBJECTIVES
The proposal is to subdivide 4.85 acres into 28 residential common wall lots, one commercial lot
and 3 Tracts, specifically to accommodate flexibility in transportation elements, development
standards and land use options for this project.
As proposed, the approximate northerly two-thirds of this long rectangular parcel is proposed to
be constructed with 28 residential common wall dwelling units (Lots 1 thru 28). The units will
appear as duplexes, but each half may have a separate owner. The single-story common wall
structures are proposed to be constructed with a theme that consists of the same building foot-print.
Each half of a common wall dwelling unit will consist of 1,140 square feet of living space, a one
car garage, two outside parking spaces and an outdoor patio. At least one front yard low elevation
light will be associated with a completed common wall structure. The lot coverage for this
common theme is 70 percent. This proposal intends to establish residential land uses adjacent to
existing residential land uses for compatibility purposes.
A 1.5 acre parcel (Lot 29) generally consists of the approximate southern 1/3 portion of the
property. This particular lot, since it fronts on Summitview Avenue, is proposed to be designated
for commercial use, similar to those properties adjoining it on the west and east sides. The
expectation is that this lot could be used for any Type 1 or Type 2 Land Use that is permitted
within the B-1 or B-2 zoning districts. This limitation is based on the fact that the properties
currently adjoining this property on its west and east sides are zoned commercial. To the west, the
property is zoned Large Convenience Center (LCC) and property to the east is zoned Local
Business (B-2). This proposal intends to establish commercial land uses adjacent to existing
commercial land uses for compatibility purposes.
Currently, Lot 29 does not have an end user. Based on this, the submitted site plan has been
designed to show an intensive land use constructed on the lot. The site plan shows a 15,660 square
foot structure with a drive-through lane. Calculations in the application for the conceptual
structure are based on the structure being used for a sit-down restaurant with a drive-through lane.
There are 78 parking spaces associated with the concept.
Access to the entire site is from the southeast corner of the property. This is a safe location that
does not interfere with any other established driveways in the area. The proposed access location
also does not interfere with the intersection of North 56th Avenue and Summitview Avenue.
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SUMMARY OF DEVELOPMENT STANDARDS
Lots 1-28 —Residential Area
Residential development standards are generally intended to be met. All setback and height
standards are proposed to be met with the building height proposed to be approximately 20 feet at
the roof ridge line. An exception is proposed for lot coverage, as the R-2 lot coverage is currently
60 percent and the proposal requests 70 percent lot coverage. Each lot will be fully landscaped
and fenced. The specific development standards for the residential area are as follows:
Single-family, Common Wall Lot size—minimum 3,500 square feet.
Single-family, Common Wall Lot Coverage—maximum 70 percent.
Single-family, Common Wall Lot Width—minimum 35 feet.
Single-family, Common Wall Building Height—maximum 20 feet.
Setbacks shall be consistent with the YMC 15.05.030, Table 5-1, R-2 standards.
Sitescreening --A minimum 6-foot-high black vinyl slatted chain-link fence shall be installed
along the north, east and west sides of the residential area.
Parking Standards --Shall be consistent with YMC 15.06.for R-2 development.
Signage Standards --Shall be consistent with YMC 15.08.for R-2 development.
Lot 29— Commercial Area
Commercial development standards are intended to be met. For any development on Lot 29, it is
proposed that the bulk and dimension standards for any development on Lot 29 be constructed to
the standards of the Large Convenience Center. These standards are being proposed because those
standards would match the standards that are applicable to the adjoining property to the west.
Since the property to the east is fully developed with a large parking lot,there should be no adverse
impacts in that direction. The only limiting factor the property owner would like to implement is
that the building height on Lot 29 not to exceed 35 feet in height at the roof ridge line. The specific
development standards for the commercial area are as follows:
Commercial, Lot Size—None.
Commercial, Lot Coverage—90 percent.
Commercial, Lot Width—None.
Commercial, Building Height—35 feet.
Setbacks shall be consistent with the YMC 15.05.030, Table 5-1, LCC Standards.
Sitescreening --A minimum 6-foot-high black vinyl slatted chain-link fence shall be installed
along the east and west sides of the commercial area. Typical commercial landscaping must be
planted along the north and west property lines of Lot 29 to act as a buffer between commercial
and residential land uses.
Parking Standards --Shall be consistent with YMC 15.06 for LCC development.
Signage Standards—Shall be consistent with 15.08 for LCC development, except the maximum
height shall not exceed 25 feet.
Any Professional Business District(B-1) or Local Business District(B-2) Type 1 or Type 2 Land
Use listed in YMC Table 4-1 is permitted outright on Lot 29.
Private Interior Roadway
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The roadway serving the entire development is proposed to be private. As proposed, a single-entry
point to the property will be located at the southeast corner of the property. It is expected that a
commercial-type approach be constructed to permit the free-flow of traffic from Summitview
Avenue into the property. Beginning at the southeast corner of the property, a 35-foot-wide
roadway section is proposed. Within the roadway section is to be constructed a 26-foot-wide
asphalt roadway consisting of 8-inches of crushed surfacing base course and 2-inches of asphalt.
Each side of the roadway will have 2-foot rolled curbs and a 5-foot-wide sidewalk will be
constructed along the east side.
The roadway will be constructed within Tract A, which will be shared jointly by both the
residential users of the property and the commercial users of the property. This distinction is being
made, so that a proportional share may be established regarding the repair and maintenance of this
section of the roadway within a private road user's agreement. The roadway will then pass through
Tract B, which is to be owned by the residential users of this project. Tract B is intended to be
fully paved and will accommodate such uses as an emergency turn-around, drainage facilities,
community mailboxes, a keypad entry into the residential area and a staging area in front of the
entry gate. The 35-foot roadway will then be encompassed within a 35-foot-wide easement, as it
passes over the lots within the residential area. Eventually, the 35-foot-wide roadway will end at
Tract C, which will be owned by the residential property owners, where an emergency hammer-
head turn-around is proposed. Undeveloped land within Tract C, is expected to be landscaped
with low ground cover and will be maintained by the residential users of the project. The specific
development standard for the private interior roadway is as follows:
The private interior roadway will be constructed in accordance with Exhibit A -- Private
Roadway Section.
Streetlighting will be private post yard lighting and installed on at least one lot of a common
wall structure (2 individual units).
SITE PLAN ELEMENTS
The residential portion of this project is proposed to be a gated community and will separate the
residential portion of the project from the commercial portion of the project. Lots 1 through 28
are proposed for residential common wall units. It takes two-platted lots to construct one common
wall structure, which consists of 2 total dwelling units. Each common wall structure will have 4
outside parking spaces in its front yard, two in front of each dwelling unit. The plan anticipates
that a 6-foot-high black vinyl fence be installed around the perimeter of the project and in the side
yards between each common wall structure.
Tract B, associated primarily with the residential portion of the project, has been designed to
accommodate a turn-around for wayward vehicles but more importantly, the main entrance to the
residential portion of the project. The area is intended to accommodate the continuous 5-foot-wide
sidewalk that runs from the southeast corner of the property, northerly, up to Tract C, where it
ends. Tract B will be the area where vehicles stage to pass through the gate into the residential
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area. Ancillary land uses such as community mailboxes and other improvements, that may add
ambiance to the main residential entrance, can also be established within Tract B.
Lot 29 is being shown as the commercial lot within this development. Since there is currently no
end user on Lot 29, an attempt has been made to show an example of a highly intensive land use
on it. Based on this, the site plan shows a 15,660 square foot structure intended as a sit-down
restaurant with a drive-through window and 78 parking spaces. Heavy landscaping is shown along
the adjoining west and north property lines, due to the existing and proposed residential nature of
those adjoining areas. An area for typical commercial landscaping is shown around the base of
the building and areas for parking lot landscaping have been provided. It is anticipated that a low
monument sign will be placed near the entrance of the project.
DEVELOPMENT PHASIING, INCLUDING TIMES OF PERFORMANCE TO
PRESERVE VESTING (YMC 15.28.070)
This project is proposed to be completed in a single phase. It is anticipated that the residential
portion of the project will start first, due to the continued need for housing. Once an end user for
the commercial lot is established, it is expected that construction would start immediately upon
building permit approval. Until that time occurs, the property owner will maintain the lot.
PUBLIC MEETING SUMMARIES
An Open Record Public Hearing for this project was held before the City of Yakima Hearing
Examiner on January 8, 2026 (City File Numbers PD#002-25, PLP#002-25, SEPA#12-25,
TCO#020-25). The City of Yakima Hearing Examiner issued a Recommendation of Approval,
with conditions for the proposal. A Closed Record Hearing for this project was held on March
, 2026, where the City of Yakima Hearing Examiner's Recommendation, with
conditions, was adopted
PERFORMANCE STANDARDS AND CONDITIONS ADDRESSING SUBSECTIONS
(B)(5)(a) through (e)
Performance standards and conditions addressing Subsections (B)(5)(a) through (e) are expected
to be determined through the public hearing process. It is anticipated that substantial "Conditions
of Approval" will be placed on this project, as well as appropriate performance standards by the
Hearing Examiner and adopted by the Yakima City Council.
See City File Numbers PD#002-25, PLP#002-25, SEPA#12-25, TCO#020-25 for required
specific performance standards, which have been incorporated herein.
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CRITERIA FOR DETERMINING MAJOR VERSUS MINOR MODIFICATIONS AND
AMENDMENTS
Since this project anticipates Type 1 residential development in the residential portion of the
project(Lots 1 through 28), it is proposed that Type 1 Modification rules and regulations of Title
15 be implemented, if material changes are made in this area of the development.
The commercial portion of the project, Lot 29,is intended to permit Type 1 and Type 2 commercial
development with Large Convenience Center (LCC) construction standards. Since this promotes
reasonable development standards based on existing surrounding development, it too should be
subject to Type 1 Modification rules and regulations of Title 15. However, if any other change in
use is proposed, such as a land use not permitted within the B-1 or B-2 zoning district as a Type 1
or Type 2,then a Type 3 land use application should be permitted,provided the use is not industrial
in nature.
It should also be noted that an Architectural Committee has been established to ensure that
development occurs as intended through this Master Planned Development. This should help keep
modifications and land use changes from occurring that may burden the Master Planned
Development with incompatible land uses.
Minor Modification to R-2, B-1 & B-2 Permitted Land Uses
The specific development standards for a Minor Modification shall be the standards of YMC
15.17—Modifications to Existing or Approved Uses or Development within this project, except
that permitted Type 3 Land Uses in the B-1 or B-2 may be processed as a Type 3 Review.
Exemptions permitted under YMC 14.05.160 & Y1VIC 14.05.170 are also considered Minor
Modifications.
Major Modifications to R-2, B-1 & B-2 Permitted Land Uses
A Major Modification is any modification and/or amendment that does not qualify as a Minor
Modification in accordance with YMC 15.17--Modifications to Existing or Approved Uses or
Development and as described above. One example of a Major Modification would be to
propose a land use not permitted on Lot 29 by Type 1, Type 2 or Type 3 Review within the B-1
or B-2 zoning district(s). A second example of a Major Modification would be a proposal to
further subdivide the Commercial Area(Lot 29), or any other lot within the development. Under
this scenario, the proponent would be required to follow the subdivision rules and regulations
of YMC Title 14, unless determined to be exempt through YMC 14.05.160& YMC 14.05.170.
SIGNATURES OF EACH OWNER OF PROPERTY WITHIN THE MASTER
DEVELOLMENT PLAN AREA ACKNOWLEDGE THAT ALL OWNERS WILL AGREE
TO BE BOUND BY CONDITIONS OF APPROVAL, INCLUDING USE, DESIGN AND
LAYOUT, AND DEVELOPMENT STANDARDS CONTAINED WITHIN AN
APPROVED PLAN AND DEVELOPMENT AGREEMENT
All applications for this Master Planned Development have been signed by the property owner,
Eglin & Eglin, LLC.
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EGLIN & EGLIN, LLC
a Washington limited liability company
By:
Its:
CITY OF YAKIMA, a Political
Subdivision of the State of
Washington
By: , City Manager
APPROVED AS TO FORM:
By: , City Attorney
ATTEST TO:
By: , City Clerk
State of Washington )
) ss
County of Yakima )
On this day of personally appeared before me , to me
known to be the individual described in and who executed the within and foregoing
instrument as the Registered Agent and Managing Member of Eglin & Eglin, LLC, a
Washington limited liability company, and acknowledged he signed the same as his
free and voluntary act and deed, for the uses and purposes therein mentioned, and that he
authorized to execute the document.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal this day of , 2026.
Notary Public in and for the State of Washington
Residing at Yakima.
My Commission expires:
21
State of Washington )
) ss
County of Yakima )
On this day of , 2026, I certify that I know or have
satisfactory evidence that , CITY MANAGER of the CITY
OF YAKIMA, is the person who appeared before me, and said person acknowledges that
they are authorized to sign this instrument on behalf of the City of Yakima, and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in
the instrument.
Witness my hand and official seal hereto affixed the day and year first above
written.
Notary Public in and for the State of Washington
Residing at Yakima.
My Commission expires:
22
EXHIBIT B
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
January 23, 2026
In the Matter of an Application for a )
Planned Development and a Preliminary )
Plat Submitted for: ) PD#002-25
) PLP#002-25
Eglin & Eglin LLC, Owner ) SEPA#012-25
By Hordan Planning Services ) TCO#020-25
)
To be Located on 4.85 Acres on the North )
Side of Summitview Avenue at 5405 )
Summitview Avenue in the R-2 Zoning )
District to be known as the Preliminary )
"Plat of Johnston Estates" )
A. Introduction. The preliminary findings relative to the hearing process for this matter
are as follows:
(1) The Hearing Examiner conducted an open record public hearing for this master
application for a Planned Development and a Preliminary Plat on January 8, 2026.
(2) The Planning Division staff report prepared by Senior Planner Jason Radke
recommended approval of this Planned Development and Preliminary Plat subject to
conditions. A later supplement to the staff report based on additional consultation with the
applicant's representative detailed some revised recommended conditions.
(3) Testimony regarding this master application was presented by the applicant's
representative, Bill Hordan of Hordan Planning Services, who had previously submitted
very detailed narrative explanations of the proposal with his master application and who
followed up at the hearing by describing several site plans of the proposed 29-lot Planned
Development/Preliminary "Plat of Johnston Estates" submitted for the record as Doc.
Index C-1 and by requesting revisions to some of the recommended conditions which were
acceptable to the Planning Division.
(4) Also at the hearing Bruce Klingele, the President of the Chalet Village
Condominium Association, followed up on a prior written comment from the Association
which asked some questions that were answered by a written response to them in the record.
His additional questions were relative to soil contamination, noise, designation of a contact
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person for complaints and whether the homes would be owner-occupied. Mr. Hordan
followed Mr. Klingele's presentation with answers to his questions.
(5) Besides the written comment submitted by the Chalet Village Condominium
Association, the Depailinent of Ecology commented that former orchard use of the
property requires soil sampling and possible cleanup measures, and neighbors Bill and
Dianna Kunze expressed concerns about a covey of quail that live on the property, a Kestrel
that hunts on the property and ducks that live in and around the nearby irrigation canal
every year.
(6) This recommendation has been issued within ten business days of the open
record public hearing.
B. Summary of Recommendation. The Hearing Examiner recommends approval of
this Planned Development and approval of this Preliminary Plat subject to conditions.
C. Basis for Recommendation. Based on a view of the site and surrounding area with
no one else present on January 5, 2026; the staff report, exhibits and testimony presented
at the open record public hearing on January 8, 2026; and a consideration of the applicable
Planned Development criteria, Preliminary Plat requirements, development standards and
consistency criteria; the Hearing Examiner makes the following:
FINDINGS
I. Applicant/Property Owner/Representative. The applicant and property owner
is Eglin & Eglin LLC, 3904 Isabella Way, Yakima, WA 98901. The planner and
representative for the applicant/property owner who testified at the hearing is Bill Hordan
of Hordan Planning Services, 410 North 2nd Street, Yakima, WA 98901.
II. Location. The location of the proposal is at 5405 Summitview Avenue on the north
side of the street between a building formerly occupied by a bank on the west and a
healthcare facility on the east. The County Assessor's parcel number is 181321-133012.
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III. Application. The main aspects of this application for approval of a Planned
Development and Preliminary Plat may be described as follows:
(1) The "Plat of Johnston Estates" is a proposed 4.85-acre 29-lot Planned
Development/Preliminary Plat in the R-2 zoning district containing 28 lots for 14
residential common wall structures, one lot for commercial uses adjacent to Summitview
Avenue and 3 common tracts for private street improvements. This master application was
received on October 9, 2025, and was complete for processing on October 28, 2025.
(2) Possible soil contamination from former orchard use will be addressed by
Department of Ecology soil sampling and possible cleanup requirements. Noise resulting
from the residential use of the property will be reduced by garages and fences between the
living areas of the Chalet Village condominiums and the yards of the new residential units
that will be built to the east. Tim Eglin or some other person will be appointed as the contact
person for complaints during construction. The units will be sold, there will likely be no
age restrictions on ownership or occupancy of the units and they likely will be mostly
owner-occupied. The development of the vacant parcel, like all residential or commercial
development of vacant property, will necessarily require adjustments to be made by some
types of birds which currently utilize the property.
(3)Planned Development modifications of the R-2 standards include a paved private
dead-end interior street that will be 35 feet wide from the back of the curb to the back of a
sidewalk on one side of the street with a hammerhead turnaround on the north end of the
street; lighting that will be provided by private post yard lighting for the common wall
structures rather than street lights to avoid glare to adjacent properties; building heights
limited to 20 feet for the residential structures and 35 feet for the commercial structures;
and the maximum lot coverage by impermeable surfaces of 70% for the residential
common wall lots and 90% for the commercial lot. On the commercial Lot 29 of the
development adjacent to Summitview Avenue which has Large Convenience Center(LCC)
zoning on the west and Local Business (B-2) zoning on the east, uses that are permitted as
Type 1 or Type 2 land uses in the Professional Business (B-1) or the Local Business (B-2)
zoning districts will be allowed outright. A minimum six-foot-high black vinyl slatted
chainlink fence will be constructed along the north, east and west sides of the subject
property.
IV. Jurisdiction. Sections 1.43.080, 15.28.040 and 14.20.100 of the Yakima Muni-cipal
Code (YMC) provide that the Hearing Examiner shall hold a public hearing and submit
recommendations to the City Council relative to the Planned Development criteria listed
in YMC §15.28.040 and the Preliminary Plat criteria listed in YMC §14.20.100 and in
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RCW Chapter 58.17. The City Council will make the decision regarding both of the
aspects of this master application.
V. Notices. The property was posted with a land use action sign on November 22, 2025.
A Notice of Application and Environmental Review was sent to the applicant, SEPA
agencies and property owners within 300 feet of the subject property on December 3, 2025.
The 14-day public comment period for the SEPA review ended on December 17, 2025,
with one agency comment and two public comments being received. A notice of the
January 8, 2026 public hearing and Determination of Nonsignificance (DNS) was sent to
the applicant, SEPA agencies and property owners within 300 feet of the subject property
and was published in the Yakima Herald-Republic on December 23, 2025. A notice of a
modified DNS which allowed an additional comment period until January 7, 2026, was
sent to the applicant, SEPA agencies and property owners within 300 feet of the subject
property on December 24, 2025.
VI. Zoning and Land Use. The zoning of the subject parcel is Two-Family Resi-dential
(R-2). It is currently vacant. The zoning and land uses of surrounding properties are as
follows:
North R-1 Residential
South R-1 Residential
East R-2 & B-2 Residential & Business
West R-3 & LCC Residential & Business
VII. Yakima Comprehensive Plan 2040. The subject property is located within the
Mixed Residential Comprehensive Plan designation.
VIII. Environmental Review. This master application was required to undergo a State
Environmental Policy Act (SEPA) review. On December 24, 2025, the City's SEPA
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Responsible Official issued a modified Determination of Nonsignificance (DNS) which
became final without an appeal.
IX. Transportation Concurrency Ordinance. An application for Traffic Con-
currency Review (TCO#020-25) was submitted to the City on October 9, 2025.
X. Applicant's Statement of Details and Benefits of this Development. The
following narrative answers to specific questions required of this type of development
describe the following details and benefits of this proposal:
(1) What land uses are proposed? Common wall residential and commercial
retail/service establishments.
(2) Will the land be subdivided? If so, what type of subdivision? (Long Plat, Short
Plat, Binding Site Plan, etc.) Yes, the land will be subdivided through the long plat process.
The long plat will consist of 28 common wall lots, one commercial lot and 3 Tracts
primarily for transportation and other ancillary land uses.
(3) How does the proposed Planned Development allow flexibility in development
standards and permitted uses while ensuring compatibility with neighboring uses? The
proposed Planned Development will allow for flexibility in development standards because
it will permit a mixed-use residential and commercial development to be constructed next
to existing residential and commercial land uses. This project specifically permits
flexibility of the interior roadway serving the entire development, as it is proposed to be
private. There will be one interior roadway serving the project. The interior road is
proposed to be 26-feet wide with a sidewalk on one side. The roadway serving the
commercial area will be open to public vehicle access. The roadway serving the residential
portion of the project will be gated and available to serve only residents and their guests.
Other flexibility occurs by private street lighting, lot coverage, fencing, landscaping and
residential density options. The Planned Development will also provide flexibility of the
current R-2 zoning district because the request is to permit any B-1 or B-2 land use, which
is a Type 1 or Type 2 Review Land Use in the R-2 zoning district, to be permitted in the
commercially designated area, as determined by Table 4-1 of Chapter 15.04. Proper on-
site mitigation will ensure compatibility with neighboring land uses.
(4) Describe how the proposed Planned Development facilitates the efficient use of
the land. The Planned Development facilitates the efficient use of the land because the
project is an infill project. Surrounding properties on all sides are developed. Adjoining
properties to the east and west of this property abutting Summitview Avenue are
commercial in nature, while properties to the west, north and northeast are residential in
nature. This project proposes to generally match the existing land use type(s) along each
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property line. The project proposes a mixed-use land use of the property with a moderate
residential density near existing residential land uses and the establishment of commercial
service/retail land uses near existing commercial land uses along Summitview Avenue.
This arrangement of the proposed land uses facilitates the efficient use of the land while
being sensitive to existing surrounding land uses.
(5) Describe how the proposed Planned Development increases economic feasi-
bility (i.e., fostering efficient arrangement of land use, buildings, transportation systems,
open space and utilities). The proposed Planned Development increases economic
feasibility by using available infrastructure surrounding the property. This property can
be served with all necessary services such as water, sewer, power, telephone, etc. These
services are currently available to the property and no long line extensions are necessary.
Facilities such as police and fire already serve the immediate area and will not strain those
departments. The property has direct access to Summitview Avenue, a major urban
arterial, that can adequately accommodate the traffic generated by this proposal. This
development is within a mixed-use area of the City, that currently provides a wide variety
of large and small commercial retail and service establishments within the immediate area.
The proximity of the property allows residents an option to walk or drive to local services.
Conveniently, the project is also located along an existing City bus route, which promotes
the use of public transportation.
(6) How does the proposed Planned Development preserve or enhance natural
amenities, features, shorelines and critical areas in the development of the site? A review
of the Planned Development property site indicates that there are no natural amenities,
features, shorelines or critical areas located on, or near, the property. Therefore, none of
these amenities exist, which would need to be preserved or enhanced.
(7) Identify environmental impacts and appropriate mitigation measures. Many of
the anticipated environmental impacts will be either short-term or long-term. Short-term
impacts generally occur during construction activities and consist of noise, dust and
erosion. Mitigation of these environmental impacts will be mitigated through dust control
measures such as the use of sprinklers, water trucks and silt fencing. Noise is mitigated by
complying with the City Noise Ordinance. Long-term environmental impacts typically
consist of noise, light/glare, visual and traffic impacts. Noise impacts continue to be subject
to the City Noise Ordinance. Visual and light/glare impacts will be mitigated by perimeter
fencing, vegetative buffering and shields to protect neighboring property owners from
adverse impacts, particularly those associated with the commercial development. Traffic
impacts will be mitigated by having a single point of ingress and egress to Summitview
Avenue, which will direct all traffic associated with this project away from established
residential areas and towards the existing commercial area along Summitview Avenue.
(8) How does the proposed Planned Development encourage environmentally
sustainable development? Since the core principle of environmentally sustainable
development is to meet present needs without compromising the future, this project
encourages that model by developing a single parcel of property that has availability of all
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necessary infrastructure and services. No major extension, except on-site, of such services
and facilities such as water, sewer and transportation is necessary to complete the project.
The immediate surrounding area contains all the necessary infrastructure, and this
proposal is putting it to use. Therefore, no duplication of services/facilities, including
police and fire, are necessary for the project because the use of existing infrastructure
encapsulates environmentally sustainable development by using the resources available,
without having to establish new infrastructure, to meet the projects [sic] completed needs.
The project proposes to retain all storm water on-site through the use of small swales along
the interior roadway to prevent water pollution. The ability to walk to neighboring services
helps prevent air pollution and the location of the property will encourage residents to live
within the Yakima Urban Area, which promotes the intent of the Growth Management Act.
(9) What services and facilities are available to serve the property? Are those
services adequate? During the preapplication meeting with City staff and other utility
providers, it was determined that all services and facilities necessary for this project are
available and adequate, subject to review and approval by each affected agency.
(10) Will the proposed development promote economic development,job creation,
diversification or affordable housing? This mixed-use project will promote economic
development, job creation and affordable housing. The commercial component of this
project is expected to create long-term economic development by establishing a
commercial retail/service component on the property to support permanent full-time jobs.
Short-term construction jobs will be created during initial commercial development and
residential housing development. The proposed housing type, common wall, generally is
considered affordable housing and is typically purchased by first-time home buyers and
those of retirement age.
(11)How does the proposed development create vibrant mixed-use neighbor-hoods,
with a balance of housing, commercial, and recreational facilities? The proposed
development creates a vibrant mixed-use neighborhood through the creation of residential
living that uses similar infrastructure as the commercial component of the project, while
acknowledging the separation of the two land uses. This is accomplished through distance
and barriers, such as fencing and vegetative buffers, all within the original parent parcel.
This concept permits two different land uses to operate completely independent of one
another when desired but cooperatively as necessary. Specific examples are the
independent residences using the common roadway for ingress and egress, while also
being able to work or shop within the commercial component of the project. Recreational
opportunities are not a large aspect of this particular Planned Development but, if desired,
outside dining can be incorporated into the commercial component, if a restaurant is built.
Passive recreation can occur in the yards of the residential structures.
(12) How is the proposal consistent with goals, policies, and objectives of the
Yakima Urban Area Comprehensive Plan? The proposed development is consistent with
the goals, policies and objectives of the Yakima Urban Area Comprehensive Plan because
the proposal meets many of the goals, policies and objectives of the Plan. Specifically, the
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project establishes a development pattern consistent with the community's vision;provides
for a wide variety of housing types to meet the full range of Yakima's housing needs; allows
new development only where adequate public facilities can be provided;provides a mixture
of housing types and densities; provides for a mixture of neighborhood scaled retail,
commercial service, office and high-density residential uses; is located along a key arterial
and is a transitional area between residential uses and other mixed use projects and
preserves and enhances established neighborhoods by ensuring new development is
compatible in scale, style, density and aesthetic quality to an established neighborhood.
(13) How does the proposed Planned Development utilize unique and innovative
facilities that encourage the efficient and economical use of the land? The Planned
Development has been designed based on the odd shape of the lot and its development
potential. The lot is only about 200 feet wide. This narrow width limits development
potential due to typical development standards, such as 50-60 foot wide right-of-way
widths. Full width roadway rights-of-ways greatly reduce the density contemplated by this
project and render development infeasible. The proposed 35-foot wide easement serving
the project permits the minimum fire access roadway (26-feet wide) to be constructed,
while still allowing room for curbs, gutters and one sidewalk. This design also permits
additional density because the lots are deeper in the east-west direction as presently
designed. Full width rights-of-ways [sic] would require lots to be deeper (longer) in a
north-south direction, thus substantially reducing density. The road approach to
Summitview Avenue is proposed at the SE corner of the property to avoid transportation
conflicts with the adjoining property to the west (along Summitview Ave) and with the
intersection of N. 56th Avenue and Summitview Avenue.
(14) Does the proposed Planned Development promote a sound system for traffic
and pedestrian circulation? Describe. The Planned Development promotes a sound system
for traffic and pedestrian circulation. The residential area is proposed to be gated and not
accessible, except to those living within the residential development. A 5-foot wide
sidewalk, on the east side of the street is proposed within the gated area. The sidewalk will
continue on the east side of the street, as it passes through the commercial component of
the project and tie into the sidewalk located on the north side of Summitview Avenue. Thus,
pedestrians within the residential development can move freely through the entire
development. A conceptual design for a commercial develop-ment has been provided with
this application to indicate the property's "maximum" development potential. No
commercial project is currently pending in the commercial concept area. However, a
design has been drafted indicating the transportation layout that is possible within the
commercially designated area. The project developer believes the proposed Planned
Development concept to be a sound traffic system for both pedestrians and vehicles.
(15) How does the proposed Planned Development promote open space and use of
natural and/or developed amenities? The Planned Development is not a large promoter of
open space or natural and/or developed amenities because much of the amenities will be
private and no natural amenities exist on the property. In short, this means that a very
limited amount of the land within the Planned Development will be held in common. Open
30
space for the residents of the development will be primarily under individual ownership
and consist of their own private front/backyard use for open space. Examples will primarily
be private improvements of the individual yards with patios, lawns and other typical
residential landscaping. This aspect of the project is intended to encourage pride in
ownership, yet within the confines of adopted covenants, conditions and restrictions, aka
CC&R's. Thus, the promotion of open space, on each lot, will be up to the individual
homeowner.
(16) Will the proposed Planned Development provide an architecturally attractive,
durable and energy efficient development? The Planned Development will provide an
architecturally attractive, durable and energy efficient development. The submitted
application has architectural renderings of the proposed residential structures. The
structures are intended to be single-story and have the same building footprint, with
modified facades on the front of the structures to create an aesthetically pleasing vision
within the development. The commercial component will be subject to similar aesthetic
design, as it is intended to compliment the residential component and vis-a-verse. All
development will be subject to the International Building Code for construction materials
and subject to the Washington State Energy Code to promote efficient development.
(17)Please provide a summary of all previously known land use decisions affecting
the applicant's property and all outstanding conditions of approval with respect to such
prior land use decisions. The current property owner is not aware of any land use decisions
or outstanding land use permits affecting this property.
(18) Any other development standards proposed to be modified from the under-
lying zoning district requirements. Development Standards proposed to be modified
include primarily street standards, including the number of sidewalks, width of street
surfacing, use of private easement instead of dedicated right-of-way, private streetlights
and a private gate. Lot coverage is also proposed to be exceeded. Fencing may be higher
than 6 feet in the commercial component to match existing fencing along a portion of the
east property line of the development and vegetative buffering may be narrower in width
than established by the zoning code. Please see attached detailed narrative of the project
for specific development standards to be modified from the underlying zoning district.
(19) What are the aesthetic considerations related to building bulk, architectural
compatibility, light and glare, urban design, solar access and shadow impacts? The
aesthetic considerations related to bulk, architectural compatibility, light and glare, urban
design, solar access and shadow impacts are as follows: The commercial and residential
structures are proposed to be single-story, the exterior of the buildings will be wood, block,
masonite, brick and stone, or a combination of these construction materials. Light and
glare within the residential portion of the Planned Development is proposed to be mitigated
by the use of yard lights, located within the front yard of each dwelling unit. Light and
glare associated with the commercial development will be shielded from surrounding
residential structures to the extent necessary to control light and glare impacts to
neighboring land uses, however,parking lot lighting meeting zoning code standards should
31
be expected. The design of the Planned Development has an urban flair, as it will have a
commercial component along the major urban arterial street with residential housing
setback, behind the commercial component, and away from the arterial street. The project
does not anticipate impacting solar access to neighboring land uses or projecting shadows
onto adjoining properties, as all structures will be single-story.
(20) Please provide an inventory of any on-site cultural, historic and/or archaeo-
logical resources. The property is currently vacant. Previously, the property contained a
single-family residence and orchard. There are no known cultural, historic and/or
archeological resources on the site.
XI. Development Services Team Comments. The following comments were
submitted by the Development Services Team as a result of its technical review of this
proposal conducted on November 4, 2025;
(1) Code Administration: An approved fire apparatus turn around shall be provided
at the north end of the plat sized and designed in accordance with Appendix D of the
Washington State Fire Code. Fire hydrants shall be provided in accordance with the fire
flow requirements of proposed structures in accordance with [YMC] Chapter 5.
Preliminary addressing for the proposal is as follows:
a. LOT 1 —5421 SUMMITVIEW AVE#1-2
b. LOT 2—5421 SUMMITVIEW AVE#3-4
c. LOT 3 —5421 SUMMITVIEW AVE#5-6
d. LOT 4—5421 SUMMITVIEW AVE#7-8
e. LOT 5 —5421 SUMMITVIEW AVE#9-10
f. LOT 6—5421 SUMMITVIEW AVE#11-12
g. LOT 7—5421 SUMMITVIEW AVE#13-14
h. LOT 8 —5421 SUMMITVIEW AVE#15-16
i. LOT 9—5421 SUMMITVIEW AVE#17-18
j. LOT 10—5421 SUMMITVIEW AVE#19-20
k. LOT 11 —5421 SUMMITVIEW AVE#21-22
1. LOT 12—5421 SUMMITVIEW AVE#23-24
m. LOT 13 —5421 SUMMITVIEW AVE#25-26
n. LOT 14—5421 SUMMITVIEW AVE#27-28
o. LOT 15 —5421 SUMMITVIEW AVE#29-30
p. LOT 16—5421 SUMMITVIEW AVE#31-32
q. LOT 17—5421 SUMMITVIEW AVE#33-34
r. LOT 18 —5421 SUMMITVIEW AVE#35-36
s. LOT 19—5421 SUMMITVIEW AVE#37-38
t. LOT 20—5421 SUMMITVIEW AVE#39-40
u. LOT 21 —5421 SUMMITVIEW AVE#41-42
v. LOT 22—5421 SUMMITVIEW AVE#43-44
w. LOT 23 —5421 SUMMITVIEW AVE#45-46
x. LOT 24—5421 SUMMITVIEW AVE#47-48
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y. LOT 25 —5421 SUMMITVIEW AVE#49-50
z. LOT 26—5421 SUMMITVIEW AVE#51-52
aa. LOT 27—5421 SUMMITVIEW AVE#53-54
bb. LOT 28 —5421 SUMMITVIEW AVE#55-56
cc. LOT 29—5405 SUMMITVIEW AVE
(2) Surface Water: Surface Water comments included the following requirements
applicable to this project:
(a) As this project involves clearing or grading one acre or more, a Large
Project Stormwater Permit shall be required from the applicant. The requirements
of a Large Project Stormwater Permit are:
(i) Drainage plan(s) and calculations;
(ii) Stormwater maintenance agreement and plan;
(iii) Proof that the maintenance agreement was recorded in the
Yakima County Auditor's Office;
(iv) Construction Stormwater Pollution Prevention Plan (SWPPP) or
Erosivity Waiver. The Construction SWPPP (or Erosivity Waiver Certifi-
cate Statement) shall be reviewed and approved by the Surface Water
Engineer prior to any grading or construction. A Temporary Erosion and
Sediment Control (TESC) plan shall be submitted for approval;
(v) In lieu of turning in a Construction Stormwater Pollution Pre-
vention Plan, the applicant can satisfy this requirement by obtaining a
Construction Stormwater General Permit through the Washington State
Department of Ecology. A copy of the signed General Permit shall be
delivered to the Surface Water Engineer. Go to https://ecology.wa.gov/
regulations-permits/permits-certifications/stormwater-general-permits/con-
struction-stormwater-permit for more information on how to apply for the
General Permit;
(vi) A narrative explaining how the Core Elements 1-8 are being
satisfied; and
(vii) An operation and maintenance plan for the perpetual main-
tenance of the facilities is now required.
(b) Grading and/or building permits shall not be issued without the project
site first passing an erosion control inspection.
(c) Complete stormwater design plans, specifications and runoff/storage
calculations supporting the stormwater design are required pursuant to the Eastern
Washington Stormwater Manual and City of Yakima standards. These plans and
control measures must be completed by a licensed Professional Engineer and then
be reviewed and approved by the City of Yakima Surface Water Engineer prior to
construction.
(d) UIC Registration — Stormwater: In accordance with the August 2019
edition of the Depait.inent of Ecology's Stormwater Management Manual for
33
Eastern Washington (SMMEW), Underground Injection Control (UIC) wells
constructed on or after February 3, 2006 are considered new and must be registered
with the Department of Ecology (DOE) 60 days prior to construction. To register
your UIC wells, you must go through the Secure Access Washington website. Go
to https://secureaccess.wa.gov/ecy/wgwebportal/ to create an account and register
your wells. UIC wells that receive polluted runoff shall retain the larger of the 100-
year 3-hour and 100-year 24-hour storms and shall be designed for treatment using
Table 5.23 of the SMMEW.
(e) More information on the Industrial Stormwater General Permit Notice of
Intent can be found at https://ecology.wa.gov/Regulations-Permits/Permits-cer-
tifications/Stormwater-general-permits/Industrial-stormwater-permit.
(3) Wastewater: City sewer to serve site will be required to be installed per YMC
requirements and Engineering Standard Details. Proposed sewer to be reviewed on
associated ENG permit.
(4) Nob Hill Water Association: Sufficient domestic water facilities are in the area
to serve this development. Water main extension and improvements are to be done by Nob
Hill Water at the developer's expense. Standard Nob Hill Water development policies and
irrigation policies apply. Please contact Nob Hill Water for more information.
XII. Written Comments from Members of the Public. The two written comments
from members of the public and responses to their questions or concerns are as follows:
(1) The questions asked by the letter which was received from the Chalet Village
Condominium Association with the answers to the questions in italics are as follows:
(a)Will a sound barrier be constructed to limit noise? Construction will occur
during daytime hours. Physical barriers for sound are not typically installed during
residential housing projects. The existing garages and the fences between the living
areas of the condominiums and the yards of the common wall units will help limit
noise to the living areas of the condominiums.
(b) How will you address the dust abatement during construction? Dust is
required to be abated per the Department of Ecology, CleanAirAgency and Eastern
Washington Stormwater Manual. Dust during construction will be controlled with
water and silt fencing and will be further limited as the impermeable surfaces are
installed or constructed.
(c) How will you address the rodent control when the soil is dug up? This is
typically an item that does not come up, and no regulations have been adopted to
impose this obligation upon a developer.
(d) How will you contain the contaminated soil from the years of weed
control? Soil is tested and monitored with the Department of Ecology. Contam-
34
mated soil is either treated in place or removed and replaced with other soil.
Treatment will be based on Ecology sampling through their permitting process.
(e) Will construction affect our property's water pressure? No, construction
will not affect the water pressure for the Chalet Village condominiums because a
new line will be created and looped for the proposed development.
(f)Will fire hydrants be installed on the property? Yes, new fire hydrants are
required to be installed on the property.
(g) What is the timeline to finish the property? The timeline to finish the
development is unknown at this time
(h) Will the duplexes be one story? Yes, the common wall residential
structures will not exceed a height of 20 feet.
(i) Will the duplexes be owner occupied? The City does not regulate this
aspect of the development, but common wall units are different from duplexes in
that each of the two units is on its own lot which will be sold separately and therefore
will likely be mostly owner-occupied rather than rented to others.
(j) Will it be a fifty-five and over development? The testimony at the hearing
was to the effect that there probably will be no age restrictions for ownership or
occupancy of the common wall residential units or commercial uses.
(k) Will a taller fence be installed between our properties to ensure privacy
for all occupants? Fences are allowed to be up to 6 feet tall in the applicable R-2
zoning district and the planned development standards will require perimeter
fencing that is a minimum of 6 feet tall around the north, east and west sides of the
subject property.
(1) Will Summitview be reconfigured to include a turn lane to accommodate
traffic?A new commercial driveway approach will be constructed to accom-modate
traffic flow. Installation of a new turn lane in Summitview Avenue is not a
recommended condition of the proposed Planned Development/Preliminary Plat.
(m) Will the commercial property be a restaurant? If so, will it have a drive-
thru window? There is no proposed commercial use at this time and the future
proposed commercial use or uses of Lot 29 adjacent to Summitview Avenue are
unknown at this time.
(n) What hours would the business be open? Since the type of commercial
use or uses of Lot 29 are unknown at this time, so are the hours of operation
(o) What will be developed on tract B? Tract B is associated primarily with
the residential portion of the project and has been designed to accommodate a
turnaround for wayward vehicles, but mainly as the entrance to the residential
portion of the development which will include the continuation of the 5-foot-wide
sidewalk that runs from the southeast corner of the property at Summitview Avenue
northerly along the private street in Tract A through Tract B and then northerly
along the east side of the private street up to Tract C where it will end. Tract B will
35
be the area where vehicles stage to pass through the gate into the residential area.
Tract B can also accommodate community mailboxes and other improvements that
may add ambiance to the entrance to the residential area.
(2) The other letter received from members of the public was submitted by Bill and
Dianna Kunze who live on West Lincoln Avenue adjacent to the subject property on the
north and who asked the following questions which are answered as follows in italics:
(a) This project takes 4.5 acres of bare ground, formerly orchard, and looks
to cover virtually the entire site with impervious surfaces (concrete, asphalt, roofing
material, etc.)yet there seems to be no provision for runoff. Will there be some sort
of holding pond or other provision? All Stormwater will be required to be retained
on site. There will be swales and infiltration points along parking areas and
landscaping strips. All permitting will be required to meet the Eastern Washington
Stormwater Criteria and Department of Ecology standards for development.
Permits are also reviewed by the City of Yakima Stormwater Engineer for
consistency and compliance.
(b) There is a covey of quail that live on that site and are making a comeback
from several years of decreased numbers. Will provision be made for them? Birds
must occupy other property as a necessary consequence of most types of
development, and no regulations have been adopted to impose an obligation upon
a developer to control where the birds choose to move to.
(c) There is a Kestrel that hunts on that property and hangs out in the large
trees around the property. Will provision be made for the Kestrel? The Kestrel may
choose to hunt elsewhere, and no regulations have been adopted to impose an
obligation upon a developer to control where it hunts.
(d) There are ducks that migrate in and live in and around the irrigation canal
every year. We have observed nests with eggs several places on this property. Will
provision be made for them? Ducks which migrate and live in and near the
irrigation canal every year may be able to continue to do so in the future, but may
not be able to nest within the residential development as a necessary consequence
of the development of this vacant property. No regulations have been adopted to
impose an obligation upon a developer to control where ducks nest.
(e) I see in the plans provision for 4' or 6' fencing around the residential
portion. Will there also be site screening? Noise barrier? A minimum of 6-foot-tall
black vinyl slatted chainlink fencing will be required along the north, east and west
sides of the property.
(f) There appears to be only one entry/exit for the development and that
directly onto Summitview. Is that adequate considering the commercial property
also being proposed? It is preferable for safety reasons to have only one entry/exit
for the development from/to Summitview Avenue as far to the east from its
intersection with North 56th Avenue as the property will allow in order to avoid
36
congestion and conflicting turning movements. Due to the limited amount of traffic
expected to travel to and from the 28 residential units on the property at any one
time, the commercial driveway approach and the private street to and from
Summitview Avenue will be adequate to serve whatever commercial use or uses
choose to locate on Lot 29 in the future in the same way that some other commercial
businesses located within the City find a single entry/exit via a commercial driveway
approach to be adequate.
XIII. Applicable Development, Subdivision and Zoning Requirements and
Standards. City development, subdivision and zoning provisions applicable to this
proposal include the following:
(1) YMC §12.02.020: Easement location and width: Eight-foot-wide utility
easements shall be dedicated along the front of each lot in subdivisions and short
subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet
in width, or twice the buried depth of the utility, whichever is greater.
(2) YMC §12.03.010: Sewer service required: All new lots and development shall
be served by a sanitary sewer line located adjacent to the lot or development site.
(3) YMC §12.03.070: Side sewer service: Each building containing sanitary
facilities shall be served by a separate private side sewer line from a public main. Branched
side sewers serving multiple buildings and properties shall not be permitted. Single side
sewers serving multi-unit buildings are permitted.
(4) YMC §12.04.010: Water service required: All new lots and development shall
be served by a public water supply line maintained by the city of Yakima, Nob Hill Water
Company, or other water purveyor, and located adjacent to the lot or development site. The
water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow
and domestic service requirements of the proposed lots and development as approved by
the city engineer in cooperation with the code administration manager and water irrigation
division manager.
(5) YMC §12.04.020: Water line extension required: Water lines shall be extended
to the point where the adjoining property owner's responsibility for further extension
begins. This typically requires extension across the street or easement frontage of the
developing property. In some cases it will require dedication of an easement and a line
extension across the property or extension along two or more sides of the developing
property. Extensions will be consistent with and implement the city's adopted water
comprehensive plan.
(6) YMC §12.05.010: Sidewalk installation required: Sidewalks shall be installed
along both sides of all new, improved, and reconstructed streets. Projects which repair
small portions of or maintain existing street shall not be considered"improvement" for the
37
purpose of this section and shall not trigger the requirements of this section. Sidewalks
shall also be installed across the frontage of all newly developed or redeveloped lots where
feasible. [Here the modified planned development standard allows the development to be
served by a private street with a sidewalk on the east side.]
(7) YMC §12.06.030: Design standards, adjustment of standards: Final design of
street improvements is subject to approval by the city engineer. The city engineer, at his
discretion, is authorized to adjust these standards as necessary to facilitate the construction
of new streets and improvement of existing streets. Projects which repair small portions of
or maintain existing streets shall not be considered"improvements" for the purposes of this
section. [Here the modified planned development standard allows the development to be
served by a paved private street that is 35 feet wide from back of curb to back of sidewalk.]
(8) YMC §12.06.080: Street lighting: A street light shall be installed at each street
intersection and at mid-block if the block exceeds five hundred feet in length. Street lights
shall meet the design and placement standards of the city engineer. Lighting improvements
shall become the property of the city of Yakima upon installation and will thereafter be
maintained by the city. [Here the modified planned development standard allows the
residential area of the development to be served by private post yard lights instead of street
lights.]
(9) YMC §14.10.020: Subdivision: "Subdivision" means the division or redivision
of land into ten or more lots for the purpose of sale, lease, or transfer of ownership in the
present or future except as expressly exempted by this title.
(10) YMC §14.25.040(B): Lot Design: All lots within a subdivision shall have direct
access to and frontage upon a dedicated public street or be accessed by an easement. Access
easements cannot serve more than one lot. Minimum street frontage and/or access easement
width shall be at least twenty feet. Lots intended for residential use should not access a
principal or minor arterial. [Here the modified planned development standard allows the
development to have street frontage of at least 20 feet upon a private street.]
(11) YMC §14.05.200(B): Allowance of bond in lieu of actual construction of
improvements prior to approval of short plat or final plat: In cases of subdivision or short
subdivision, the request for bond or other method of securing actual construction of
required improvements shall be subject to approval by the city engineer and city attorney
prior to approval of the final plat by the administrator. The decision to approve or deny the
request for the bond or other method of securing actual construction of required
improvements by the city engineer and city attorney cannot be appealed. In no case shall
the amount of the bond or other method of securing actual construction of required
improvements be less than one hundred fifteen percent of the estimated actual cost of the
improvements based upon the approved civil engineering design of the required
improvements.
(12) YMC §14.20.230: Final Plat—Recording: All final plats approved by the
administrator shall be filed for record immediately, or as soon as possible, by the
38
subdivision applicant in the Yakima County auditor's office. The subdivision applicant
shall be responsible for all filing fees. Any final plat filed for record containing a dedication
shall be accompanied by a current title report. A copy of the recorded plat shall be provided
to the city prior to the issuance of any additional residential building permits.
(13) RCW 58.17.280: Naming and numbering of short subdivisions, subdivisions,
streets, lots and blocks: Any city, town or county shall, by ordinance, regulate the
procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and
numbered. A lot numbering system and a house address system,however, shall be provided
by the municipality for short subdivisions and subdivisions and must be clearly shown on
the short plat or final plat at the time of approval.
(14) YMC §15.03.020(C): Two-Family Residential District (R-2): The purpose of
the two-family residential district is to:
(a) Establish and preserve residential neighborhoods for detached single-
family dwellings, duplexes and other uses compatible with the intent of this district;
and
(b)Locate residential development with densities up to twelve dwelling units
per net residential acre in areas receiving a full range of public services including
public water and sewer service, and police and fire protection.
(c) The district is characterized by up to sixty percent lot coverage, access
via local access streets and collectors, one- and two-story buildings, some clus-
tering of units, and required front, rear and side yard setbacks. Typical uses in this
district are single-family dwellings and duplexes. The density in this district
generally ranges from seven to twelve dwelling units per net residential acre.
However, development up to eighteen dwelling units per net residential acre may
be allowed in accordance with YMC Chapter 15.04, Table 4-1. [Here the planned
development standard allows common wall residential development with up to
seventy percent lot coverage and commercial uses on the lot adjacent to
Summitview Avenue where there is adjacent Large Convenience Center (LCC)
zoning on the west and adjacent Local Business (B-2) zoning on the east.]
(15) YMC §15.05.020(H): Access Required: All new development shall have a
minimum of twenty feet of lot frontage upon a public road or be served by an access
easement at least twenty feet in width. ... [Here the planned development standard allows
the lots to have at least 20 feet of frontage on a private rather than a public street.]
(16) YMC §15.05.050: Street Right-of-Way Dedication: All new development shall
dedicate, where necessary, street right-of-way in conformance with the standards in the
county/city subdivision ordinance and the arterial street plan adopted in the Yakima urban
area comprehensive plan, except that for applications under the jurisdiction of the city of
Yakima, YMC Title 12 shall prevail over the provisions of this section to the extent of any
conflict between such provisions. [Here street right-of-way is not required to be dedicated
since the interior street will be a dead-end private street. ]
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(17) YMC §15.05.055: New Development Improvement Standards: All develop-
ment within the Yakima urban growth area (UGA) must meet the urban standards of the
city of Yakima including the following:
(a) Fire apparatus access roads for multiple-family residential developments
and one- or two-family residential developments shall be subject to the provisions
of Sections D106 and D107, respectively, of Appendix D of the International Fire
Code. Additionally, such residential developments shall be subject to the require-
ments of Section D105 of Appendix D, International Fire Code, pertaining to aerial
fire apparatus roads, as applicable. All provisions of the International Fire Code
referenced above are hereby adopted and incorporated herein by this reference, as
now existing or as hereafter amended and adopted by the city. Minimum
requirements for the primary and secondary access will be at least twenty feet wide,
unobstructed, paved lanes.
(b) In order to promote safety for emergency access and circulation within
and between new developments, cul-de-sac streets (public or private) shall not
exceed 600 feet. [Here the planned development standard allows for a dead-end
private street that has a hammerhead turnaround on Tract C at the north end of the
residential development.]
XIV. City Ordinance Provisions Relating to Planned Developments. City
ordinance provisions that are applicable to planned developments include the following:
(1) YMC §15.28.010(A): Purpose: A master planned development overlay(PD) is
a comprehensive development plan intended to provide flexibility in design and building
placement, promote attractive and efficient environments that incorporate a variety of uses,
densities and/or dwelling types, provide for economy of shared services and facilities, and
economically utilize the land, resources, and amenities.
(2) YMC §15.28.025: Minimum Project Size: The minimum project size for a
master planned development shall be two acres. All properties included in the master
development plan shall be contiguous with logical outer boundaries.
(3) YMC §15.28.050: Development Agreement: An approved master planned
development overlay (including conditions and development standards) shall be incorpor-
ated into a development agreement as authorized by RCW 36.70B.170. The development
agreement shall provide for vesting of such development conditions and standards as are
deemed reasonable and necessary to accomplish the goals of the master planned develop-
ment. This agreement shall be binding on all property owners within the master planned
development and their successors and shall require that development of the subject
property be consistent with and implement the provisions of the approved master planned
development. The approved development agreement shall be signed by the city manager
and all property owners and lienholders within the boundaries of the master planned
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development overlay and recorded prior to approval and/or issue of any implementing plats
or permits. [Here a proposed Development Agreement has been submitted.]
(4) YMC §15.28.070(A): Vesting: The master planned development review shall
be vested to development regulations, standards, conditions, and laws applicable at the time
the development agreement described in YMC 15.28.050 is recorded, inclusive of specific
conditions and standards set forth in said development agreement. The vesting period shall
be for the time stated in the development agreement associated with each specific master
planned development and shall be agreed upon by the parties to the development agreement
after giving consideration to the extent and complexity of the proposed development as
well as specific development planning considerations raised by the developer. During the
stated vesting period the applicant shall be entitled to imple-ment the master planned
development in accordance with the terms and conditions of approval described in the
development agreement.
(5) YMC §15.09.100(H): Private Street Review Requirements: The face of any plat,
short plat, master development plan, binding site plan, or condominium document
containing a private road, and all subsequent documents transferring ownership of lots
within such plat or short plat, shall bear the following language:
"The City of Yakima has no responsibility to build, improve, maintain or otherwise
service any private road for this plat/short plat. Any right-of-way dedicated to the
public by this plat/short plat shall not be opened as a City (or County) street until
such time as it is improved to City street standards and accepted as part of the City
transportation system."
XV. Proposed Development Standards for this Planned Development. One of the
purposes of the Planned Development provisions is to allow flexibility as to develop-ment
standards which in this situation have been recommended to include the following:
(1) Lot Size, Lot Coverage, Lot Width, Building Height, Setbacks and Fencing: The
characteristics of the proposed lots and improvements within the proposed planned
development and preliminary plat are as follows:
Lot Lot Lot Building
Size: Coverage: Width: Height:
Single-Family, Common Wall: 3,500 sq. ft.; 70% 35 ft. 20 ft.
Commercial: None 90% None 35 ft.
Setbacks shall be consistent with the YMC §15.05.030, Table 5-1, R-2 standards for
the residential uses and the LCC standards for the commercial uses;
A minimum 6-foot-high black vinyl slatted chainlink fence shall be installed along
the north, east and west sides of the subject property.
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(2) Access: In accordance with YMC §15.05.020(H), all lots have 20 feet of
frontage upon the private street within the planned development.
(3) Density: With an overall residential density of approximately 11.57 dwellings
per net residential acre (DU/NRA), the proposed Planned Development and Preliminary
Plat comply with YMC §15.05.030(B) and YMC Table 4-1 of YMC §15.04.030. The net
residential density excluding the commercial lot and streets is calculated per YMC
§15.05.030 as follows: total project area of 4.85 acres minus the commercial lot and street
area leaves 2.42 acres for 28 dwelling units which when divided by 2.42 acres equals 11.57
dwelling units per net residential acre.
(4) Streets/Dedication of Right-of-Way: Adequate right-of-way shall be dedicated
as determined by the Engineering Division. Curb, gutter, sidewalk, and streetlights shall
be installed along all frontages. [The planned development standard allows the street and
the lighting to be private without the need for dedication of right-of-way.]
(5) Street Improvements: The street will be a paved dead-end private street with a
sidewalk along the east side and a commercial driveway approach off of Summitview
Avenue.
(6) Wastewater Improvements: Wastewater improvements required in the planned
development and the preliminary plat include the following:
(a) Sewer shall be extended to the subject plat and installed in accordance
with the Yakima Municipal Code.
(b) A minimum sixteen-foot easement shall be maintained over all City
public utility lines in accordance with YMC §12.02.010 and YMC §12.02.020.
(c) All lots within the subject plat shall be served by a separate side sewer
line from a public main in accordance with YMC §12.03.070.
(7)Water Improvements: Water improvements for the planned development and the
preliminary plat include the following:
(a) Potable water to the subject plat in accordance with YMC §12.04.010.
(b) Water is served by Nob Hill Water Association.
(8)Irrigation Water Improvements: The subject parcel is located within the Yakima
Valley Irrigation District.
(9)Easements: Easements are to be established as required by YMC §12.02.010 and
YMC §12.02.020.
XVI. Planned Development Review Criteria. The purpose of YMC Chapter 15.28
is to provide flexibility in design and building placement, promote attractive and efficient
environments that incorporate a variety of uses, densities and/or dwelling types, provide
for economy of shared services and facilities, and economically utilize the land, resources
42
and amenities. YMC §15.28.040(D) provides that the Hearing Examiner shall review a
proposed Planned Development during an open record public hearing to inquire into and
determine whether or not the following standards are satisfied and shall issue a recom-
mendation to the City Council based upon the following considerations and criteria:
(1) The master Planned Development application demonstrates the economic and
efficient use of land and provides for an integrated and consistent development plan for the
site. The subdivision is efficiently laid out and consists of a private street, 28 residential
lots for 14 common wall residential structures, one commercial lot and 3 tracts for the street
and the turnaround.
(2) The applicant has identified development standards and uses that are consistent
with the master plan and designed in a manner that is compatible with adjacent land uses
after consideration of applicable mitigation and site design. The hearing examiner may
consider development standards that are different from currently adopted development
standards in order to provide flexibility in site planning; to implement project design and
concepts; to respond to market conditions; or to otherwise achieve the public benefits
contemplated by the concept plan. The proposed Planned Development standards are
consistent with the master plan and are designed in a manner that is compatible with
adjacent land uses. Some of the recommended Planned Development standards differ from
currently adopted development standards in order to provide flexibility in site planning,
implement project design and concepts, respond to market conditions and otherwise
achieve the public benefits contemplated by the concept plan.
(3) There will be adequate infrastructure capacity available. All lots will be served
by City sewer and Nob Hill Water Association water. The private street will provide
adequate access to the commercial lot adjacent to Summitview Avenue and to the
residential lots north of the commercial lot.
(4) The master Planned Development contains design, landscaping, parking/traffic
management, and use mixture and location that limit or mitigate conflicts between the
master Planned Development and adjacent uses. Consideration shall be given to site
planning that supports land use flexibility through means of appropriate setbacks,
landscaping, sitescreening, buffers, and other design features or techniques. The proposed
lot sizes, lot coverage, lot width, building height, setbacks and lighting of the residential
development and the perimeter fencing and location of the commercial development
adjacent to Summitview Avenue between a healthcare facility on the east and a building
formerly used for a bank on the west will limit and mitigate conflicts between the master
Planned Development and adjacent uses.
(5) All potential significant off-site impacts including noise, shading, glare, and
traffic have been identified and mitigation incorporated to the extent reasonable and
practical. The proposed type of lighting in the residential portion of the development, the
proposed perimeter fencing along the north, west and east sides of the entire develop-ment,
43
and the single commercial driveway off of Summitview Avenue located as far east of its
intersection with North 56th Avenue as possible are examples of design features that
mitigate potential off-site impacts to the extent reasonable and practical.
(6) The project is designed and includes appropriate consideration of open spaces
and transportation corridors, designs of street and public open space amenities, and results
in the functional and visual appearance of one integrated project. The design of the private
street with a sidewalk which will be gated for the residential area and the size of the yards
within the residential area which will be at least 30% of each residential lot will provide a
street design and open space to the extent possible, and it will be con-venient for residents
to enjoy the open space at Gilbert Park which is near the development.
(7) The proposed development is not adverse to the public health, safety, or welfare.
The proposal is not expected to adversely affect the area where it will be located, but rather
to the contrary is expected to be beneficial to the public health, safety and welfare by
providing additional opportunities for affordable home ownership in the City.
(8) The public benefits of approving the master Planned Development outweigh the
effect of modification of standards to the underlying zoning district. The modifi-cations of
some of the R-2 development standards for this Planned Development in order to provide
flexibility as to some of the standards are not expected to have any adverse impacts and are
instead expected to result in public benefits such as an area for additional affordable
housing options and additional commercial opportunities to be developed within the City.
XVII. Preliminary Plat Review Criteria. YMC §14.20.100 provides that the Hearing
Examiner shall review a proposed Preliminary Plat during an open record public hearing
to inquire into and determine whether or not the following standards are satisfied:
(1) Public health, safety, welfare: This proposal involves the development of
approximately 4.85 acres in a manner which is consistent with its Mixed Residential
designation of the Comprehensive Plan and which is consistent with its Two-Family
Residential(R-2)zoning as modified in a way that is permitted for Planned Develop-ments.
The proposal will promote the public health, safety and general welfare insofar as there is
a need in this community for additional housing and insofar as this proposed Preliminary
Plat would be required to comply with the modified development standards and with all
conditions of approval specified by the City Council. It will also serve the public health,
safety and welfare by being consistent with the many Comprehensive Plan Goals and
Policies that have been adopted to guide the growth within the City, including the
following:
(a) Goal 2.2: Provide a mix of land use designations consistent with the
community's vision.
(b) Policy 2.2.2(A): Purpose: This designation provides for areas with a
mixture of housing types and densities.
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(c) Policy 2.2.2(B): Locational criteria: Intended for areas now character-
sized by, and/or appropriate for, a mixture of housing types with a close proximity
to commercial services, transit access, and/or parks and other public recreational
amenities. This designation often creates a transition from commercial and mixed-
use areas to low density residential areas.
(d) Policy 2.2.2(C): Principal uses & density: A mixture of single-family,
duplex, and multifamily dwelling units. The permitted maximum density is up to or
above 13 net dwelling units per acre, depending on the underlying zoning district
and neighborhood context. For developments electing to conform to site and
building design standards promoting pedestrian-oriented development, density is
primarily limited by allowable building height, integration of required parking,
market conditions, and conformance with applicable site and building design
provisions. Specifying the maximum number of dwelling units in one building may
be appropriate in some areas to ensure compatibility and to limit building massing
and density.
(e) Goal 2.3: Preserve and enhance the quality, character, and function of
Yakima's residential neighborhoods.
(f) Policy 2.3.1: Provide for a wide variety of housing types within the city
to meet the full range of housing needs for Yakima's evolving population.
(g) Policy 2.3.1(E): Duplexes. Continue to allow duplexes in appropriate
residential zones,provided density standards are met. Consider incorporating design
standards that emphasize a pedestrian-oriented design and the inclusion of usable
open space.
(h) Policy 2.3.3: Create walkable residential neighborhoods with safe streets
and good connections to schools, parks, transit, and commercial services.
(i) Policy 2.3.6: Allow some compatible nonresidential uses in residential
zones, such as appropriately scaled schools, churches, parks and other public/
community facilities, home occupations, day care centers, and other uses that
provide places for people to gather. Maintain standards in the zoning code for
locating and designing these uses in a manner that respects the character and scale
of the neighborhood.
(j) Goal 2.5: Arterial corridors and mixed-use centers. Enhance the character,
function, and economic vitality of Yakima's arterial corridors and mixed-use
centers.
(k)Policy 2.5.1: Allow for a mixture of compatible land uses along corridors
and within mixed-use designated areas. This includes the integration of multi-family
residential and office uses with retail and service commercial uses. Provide zoning
and design standards to maintain compatibility between different uses and zones.
(1) Goal 4.8: Support programs, projects, and development efforts that
enhance the job market and promote community pride.
(m) Goal 5.1: Encourage diverse and affordable housing choices.
(n) Policy 5.1.3: Encourage mixed use infill development, particularly
downtown and in commercial nodes.
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(o) Facilitate small lot sizes, condominiums, clustering and other options
that increase the supply of affordable homeownership options and the diversity of
housing that meet the needs of aging, young professional, and small and large
households.
(p) Goal 5.4: Encourage design, construction, and maintenance of high
quality housing.
(q) Policy 5.4.2: Use transitional densities, design and landscape standards
to ensure housing is compatible with existing character and planned goals.
(2) Open spaces: As previously noted, the design of the private street with a
sidewalk which will be gated for the residential area and the yards within the residential
area which will cover at least 30% of each residential lot will provide a street design and
open space to the extent that is possible and Gilbert Park will provide a nearby open space
area that is in close proximity to the development.
(3) Drainage systems: Drainage system facilities will be provided in accordance
with state and local regulations including the City of Yakima Municipal Code and the
Eastern Washington Storm Water Manual.
(4) Streets, alleys, and other public ways: The subject property has frontage upon
Summitview Avenue and the lots will all have frontage upon a private street which will
have a sidewalk on one side.
(5) Water supplies: Public water is required to be used for domestic and fire flow
purposes, and water is available to the site from Nob Hill Water Association.
(6) Sanitary waste disposal: A City of Yakima sewer main capable of serving the
development shall be extended in order to serve all of the lots.
(7) Parks and playgrounds: An open space, park and recreation area is located
approximately 0.2 of a mile from the proposed Preliminary Plat at Gilbert Park.
(8) Sites for schools: Gilbert Elementary School is located approximately 0.5 of a
mile from this proposed Preliminary Plat, Wilson Middle School is located about 0.9 of a
mile away, Eisenhower High School is located approximately 2.2 miles away, and West
Valley High School is located approximately 0.8 of a mile away. No comments were
received from the Yakima School District.
(9) Sidewalks: A 5-foot-wide sidewalk is proposed to be installed along the eastern
side of the private street all the way from Summitview Avenue through the commercial
and the residential areas to the northern edge of the residential development where a
hammerhead turnaround will be located in Tract C.
(10) Public Transit: Yakima Transit Route 1 runs adjacent to the property on
Summitview Avenue.
(11) Serves the public use and interest: This proposed mixed-use master planned
subdivision is consistent with neighboring land uses and better serves the needs of the City
of Yakima than does the undeveloped status of the property.
46
(12) Time Limitation: Upon preliminary plat approval, the applicant has five years
from the date of preliminary approval to submit the final plat. At least 30 days prior to the
expiration of preliminary approval, the applicant may submit to the City Council a written
request asking to extend the approval period for a maximum period of one year (YMC
§14.20.160). Before the final plat can be recorded, all required infrastructure must be
engineered, completed and inspected or engineered and financially secured and receive
final plat approval from the Community Development Department.
XVIII. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. The following analysis involves the consistency of the Planned
Development and Preliminary "Plat of Johnston Estates" 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:
(1) The types of land uses contemplated by the proposal (a Planned Development
and Preliminary Plat) are permitted on this site so long as they comply with the applicable
City ordinance requirements and the conditions imposed by the Yakima City Council.
(2) The level of development, based on the proposed density of the residential and
commercial areas of the development, will not exceed the permitted level of development.
(3) The availability and adequacy of infrastructure and public facilities is not an
issue because the additional infrastructure that will be provided at the developer's expense
will ensure that adequate infrastructure and public facilities will be available for the
proposed Planned Development and Preliminary Plat.
(4) The character of the proposal, such as the proposal's consistency with applicable
development standards of the City's Urban Area Zoning Ordinance, primarily involves
compliance with the Planned Development Agreement and with the conditions of
Preliminary Plat approval imposed by the City Council.
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner reaches the following
Conclusions:
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council that it approve the proposed Planned Development/Preliminary "Plat of Johnston
Estates" described in the narrative descriptions and depicted on the site plans in the record
47
of this matter pursuant to YMC §1.43.080, pursuant to YMC §15.28.040 of the zoning
ordinance and pursuant to YMC §14.20.100 of the subdivision ordinance.
(2) A SEPA modified Determination of Nonsignificance (DNS) was issued for this
Planned Development/Preliminary "Plat of Johnston Estates" on December 24, 2025,
which became final without an appeal.
(3) Although some questions were asked by members of the Chalet Village
Condominium Association and by the owners of one neighboring residence, no testimony
or written comments were submitted by neighbors or agencies that requested denial of the
proposed Planned Development/Preliminary"Plat of Johnston Estates."
(4) The proposed Planned Development to be developed in accordance with the
Johnston Estates Master Plan satisfies all of the considerations and criteria for its approval
set forth in YMC §15.28.040(D).
(5) The proposed Preliminary "Plat of Johnston Estates," developed in accordance
with adjustments to some enumerated standards of the R-2 zoning district allowed for the
Planned Development and subject to the conditions detailed below, satisfies the criteria for
its approval set forth in YMC §14.20.100 and RCW 58.17.110 because it is in compliance
with the City's Comprehensive Plan, zoning ordinance and subdivision ordinance; it makes
appropriate provisions for the public health, safety and general welfare and for open spaces,
drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds and sidewalks; it will serve the public use and interest; and,
according to the weight of the evidence presented at the hearing, it does not require specific
provisions to 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 walk to and from school.
(6) This proposed Planned Development/Preliminary"Plat of Johnston Estates" is in
compliance with all of the consistency requirements of YMC §16.06.020(B).
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the proposed
Planned Development/Preliminary "Plat of Johnston Estates" which is located at 5405
Summitview Avenue on Yakima County Assessor's Parcel No. 181321-13012 as depicted
on the site plans and described in the narratives in the record of this matter and as further
described in the staff report, in this recommendation and in the documents that are assigned
file numbers PD#002-25, PLP#002-25, SEPA#012-25 and TCO#020-25 be APPROVED,
subject to compliance with the following conditions:
48
(A) Any dedicated right-of-way shall be displayed on the final plat;
(B) The new private interior street shall meet the standards of residential streets
found under YMC §12.06.020 and YMC §12.06.090 except that it shall be a paved private
street that shall be 35 feet in width from back of curb to back of sidewalk as shown on Doc.
Index C-1(D) in the record;
(C) Curb and gutter shall be installed on both sides of the private street, a sidewalk
shall be installed along one side of the private street and private post yard lighting shall be
installed for the common wall structures in lieu of street lights;
(D) Sidewalk shall be installed along the eastern side of the private road which shall
connect to the City sidewalk along the north side of Summitview Avenue;
(E)Prior to approval of the final plat, all required improvements shall be constructed
or financially secured according to the standards and requirements of the City Engineer
and YMC Title 12 except for the exceptions set forth in these Planned
Development/Preliminary Plat conditions;
(F) All lots shall be served with public water from the Nob Hill Water Association
and public sewer from the City of Yakima. Prior to final plat approval, written verify-cation
must be submitted to the Planning Division indicating that all sewer and water extensions
have been completed and inspected or financially secured;
(G) An eight-foot-wide public utility easement shall be dedicated along the front of
each lot;
(H)An excavation and street break permit shall be obtained for any work within the
public right-of-way that is required such as, for example, in order to construct the requisite
commercial driveway approach along the frontage off of Summitview Avenue or to extend
utilities to the property. Roads less than five years old can be cut, but will cost 150 percent
of the restoration fee with no PCI discount;
(I) All frontage improvements shall be completed or bonded for prior to long plat
approval. Civil engineering plans for public improvements shall be approved prior to
bonding for public improvements;
(J)At the discretion of the City Engineer, the owner may bond for required frontage
improvements or enter into a deferral agreement for future participation in the cost of any
frontage and/or roadway improvement of a Local Improvement District (LID) which is
constructed abutting the owner's property. The bond or deferral agreement shall be
executed and recorded prior to or as part of approval of the plat;
(K) This plat shall be subject to the following notes, which must be placed on the
face of the plat:
(1) The addresses shown on this plat are accurate as of the date of recording,
but may be subject to change. The City of Yakima Building Codes Division is
49
responsible for the confirmation or reassignment of addresses at the time of building
permit issuance;
(2) 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;
(3) The City of Yakima has no responsibility to build, improve, maintain or
otherwise service the private street for this plat. Any right-of-way dedicated to the
public by this plat shall not be opened as a City street until such time as it is
improved to City street standards and accepted as part of the City transportation
system;
(4) Any Professional Business District (B-1) or Local Business District (B-
2) Type 1 or Type 2 land use listed in YMC Table 4-1 is permitted outright on Lot
29;
(5) This subdivision is subject to the specific Master Planned Development
Overlay of PD#002-25, as approved by the Yakima City Council on ,
under Resolution No. , and recorded under Auditor's File Number ,
which controls the development and usage of this property within this recorded plat.
All development shall comply with the following minimum standards:
Lot Lot Lot Building
Size: Coverage: Width: Height:
Single-Family, Common Wall: 3,500 sq. ft.; 70% 35 ft. 20 ft.
Commercial: None 90% None 35 ft.
Setbacks shall be consistent with the YMC §15.05.030, Table 5-1, R-2 standards for
the residential uses and the LCC standards for the commercial uses;
A minimum 6-foot-high black vinyl slatted chainlink fence shall be installed along
the north, east and west sides of the subject property;
(L) Irrigation District approval is required, and shall be shown on the face of the
final plat;
(M) A current title report covering the subject property must accompany the final
long plat;
(N) The applicant and City of Yakima shall enter into a Development Agreement
codifying all development standards and conditions of approval prior to final plat approval
to be finalized and recorded in accordance with RCW 36.70B and all other laws applicable
to Development Agreements;
(0) Upon preliminary plat approval, the applicant has five years to submit the final
plat. In order to request an extension of time, at least 30 days prior to the expiration of said
approval the applicant must submit to the City Council a written request asking to extend
the approval period for a maximum period of one year;
50
(P) Prior to the issuance of any permits, a Large Project Stormwater Permit shall be
obtained from the Surface Water Engineer;
(Q) Prior to the issuance of any permits, an NPDES Construction Stormwater
General Permit shall be obtained from the Department of Ecology;
(R) In accordance with YMC §14.20.230, the City shall not issue any building
permits until a copy of the final recorded plat is submitted; and
(S) All other requirements of the zoning and subdivision ordinance, although not
specifically set forth herein, shall be complied with in their entirety.
DATED this 23rd day of January, 2026.
Gary M. Cuillier, Hearing Examiner
51
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF YAKIMA,WASHINGTON AND
EGLIN & EGLIN, L.L.C.
THIS DEVELOPMENT AGREEMENT ("Agreement")is entered into between the City
of Yakima, a Washington municipal corporation ("City") and Eglin& Eglin, L.L.C., a
Washington state limited liability company ("Developer").
WHEREAS, the City is a first class charter city incorporated under the laws of the State
of Washington, and has the authority to enact laws and enter into agreements to promote the
health, safety, and welfare of it residents and thereby to control the use and development of
property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with those
who own or control property within its jurisdiction pursuant to RCW 36.70B.170-210 and
YMC 15.28.050; and
WHEREAS, Developer is proposing a long subdivision consisting of twenty-nine lots on
one parcel of approximately 4.85 acres in the vicinity of Summitview Avenue between North
54th Avenue and North 55th Avenue on the North side of Summitview Avenue; and
WHEREAS, Developer intends to take certain steps to comply with environmental and
land use requirements related to development of the property; and
WHEREAS, Developer is proposing the creation of a planned development for the
proposed long plat consisting of twenty-eight common wall units and one commercial lot, with
certain amenities for the property, which process complied with YMC 15.28. et.seq.; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted
its Yakima Urban Area Comprehensive Plan. Subsequently, the City has reviewed and updated
this plan and has adopted, and continues to adopt, development regulations to implement the
plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property
B-2 (Local Business District) and R-2 (Two-Family Residential); and
WHEREAS, the parties intend this Agreement to guide the current and future uses of the
property according to its terms; now, therefore,
IN CONSIDERATION OF mutual benefits, the parties agree as follows:
1. The proposed development—narrative description of the project and objectives.
1
52
Developer's proposal for the property is hereby acknowledged and warranted to be for the purpose
of constructing a mixed-use subdivision and planned development. Developer specifically
acknowledges and warrants that the proposal for the property is construction of not more than
twenty-eight common wall residential structures on separate lots and a single lot for commercial
development,together with accompanying amenities. The Developer's preliminary long plat,type
2 review and planned development application have been filed with the City. It will be reviewed
by the Hearing Examiner for the City and, if approved, will be incorporated herein as if set forth
in full. The said subdivision and planned development are referred to herein as the "proposed
development", "proposal", or"project."
More specifically, the proposal is to subdivide 4.85 acres into 28 residential common wall lots,
one commercial lot and 3 Tracts, specifically to accommodate flexibility in transportation
elements, development standards and land use options for this project.
As proposed, the approximate northerly two-thirds of this long rectangular parcel is proposed to
be constructed with 28 residential common wall dwelling units (Lots 1 thru 28). The units will
appear as duplexes, but each half may have a separate owner. The single-story common wall
structures are proposed to be constructed with a theme that consists of the same building foot-print.
Each half of a common wall dwelling unit will consist of 1,140 square feet of living space, a one
car garage, two outside parking spaces and an outdoor patio. At least one front yard low elevation
light will be associated with a completed common wall structure. The lot coverage for this
common theme is 70 percent. This proposal intends to establish residential land uses adjacent to
existing residential land uses for compatibility purposes.
A 1.5 acre parcel (Lot 29) generally consists of the approximate southern 1/3 portion of the
property. This particular lot, since it fronts on Summitview Avenue, is proposed to be designated
for commercial use, similar to those properties adjoining it on the west and east sides. The
expectation is that this lot could be used for any Type 1 or Type 2 Land Use that is permitted
within the B-1 or B-2 zoning districts. This limitation is based on the fact that the properties
currently adjoining this property on its west and east sides are zoned commercial. To the west, the
property is zoned Large Convenience Center (LCC) and property to the east is zoned Local
Business (B-2). This proposal intends to establish commercial land uses adjacent to existing
commercial land uses for compatibility purposes.
Currently, Lot 29 does not have an end user. Based on this, the submitted site plan has been
designed to show an intensive land use constructed on the lot. The site plan shows a 15,660 square
foot structure with a drive-through lane. Calculations in the application for the conceptual
structure are based on the structure being used for a sit-down restaurant with a drive-through lane.
There are 78 parking spaces associated with the concept.
Access to the entire site is from the southeast corner of the property. This is a safe location that
does not interfere with any other established driveways in the area. The proposed access location
also does not interfere with the intersection of North 56th Avenue and Summitview Avenue.
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2. Subject Property. The project site is legally described in Exhibit"A" attached hereto and
fully incorporated herein by this reference (sometimes referred to as the "Subject Property" or
"Property").
3. Parties to the Development Agreement. The parties to this Agreement are:
a) The"City" is the City of Yakima.
b) The"Developer" is Eglin & Eglin, L.L.C., a Washington limited liability company.
c) "Landowner" or"Landowners". From time to time, as provided in this Agreement,the
Developer may sell or otherwise lawfully dispose of a portion of the Subject Property
to a landowner who, unless otherwise released, shall be subject to the applicable
provisions of this Agreement related to such portion of the Subject Property.
4. Private undertaking. It is agreed among the parties that the proposed development is a
private development and that the City has no interest therein except as authorized in the exercise
of its governmental functions.
5. Conditions of Approval. Developer agrees to abide by the terms and conditions of
approval recommended by the Hearing Examiner and/or approved by the City Council, including
construction of all infrastructure described on the preliminary long plat/planned development site
plan map and incorporated herein by this reference as if set forth in full,including as the same may
be revised to conform with conditions of approval set forth in the Hearing Examiner's
Recommendation and/or City Council approval. Developer agrees that the use of the property
pursuant to this Agreement shall be consistent with the project description identified in the
Washington State Environmental Policy Act Determination of Nonsignificance issued by the City
of Yakima on December 24, 2025, and incorporated herein by this reference as if set forth in full
(the "DNS"). Developer agrees to abide by the mitigation and other requirements identified as
part of the DNS. Developer agrees to abide by the conditions of such further or additional land
use permits or approvals as may be identified in the DNS, or as may otherwise be required by
applicable federal, state and local law including,but not limited to, the City's Title 12 and all other
applicable development standards, all as the same currently exist or may be hereafter amended;
provided, however, that the procedures and substantive rules of the City's Master Planned
Development ordinances, as codified at Ch. 15.28 Yakima Municipal Code as it existed as of the
date of this Agreement and incorporated herein by this reference, shall guide and control all matters
related to said ordinances and to the planned development aspect of the proposed development
until this Agreement terminates as provided elsewhere herein. Developer agrees to make future
applications or submissions as may be necessary to fully implement any phased review of the
proposed development and any specific project proposed therein.
6. Summary of proposed modifications to development standards—summary of
development standards.
Lots 1-28 —Residential Area
Residential development standards are generally intended to be met. All setback and height
standards are proposed to be met with the building height proposed to be approximately 20 feet at
the roof ridge line. An exception is proposed for lot coverage, as the R-2 lot coverage is currently
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60 percent and the proposal requests 70 percent lot coverage. Each lot will be fully landscaped
and fenced. The specific development standards for the residential area are as follows:
Single-family, Common Wall Lot size—minimum 3,500 square feet.
Single-family, Common Wall Lot Coverage—maximum 70 percent.
Single-family, Common Wall Lot Width—minimum 35 feet.
Single-family, Common Wall Building Height—maximum 20 feet.
Setbacks shall be consistent with the YMC 15.05.030, Table 5-1, R-2 standards.
Sitescreening --A minimum 6-foot-high black vinyl slatted chain-link fence shall be installed
along the north, east and west sides of the residential area.
Parking Standards --Shall be consistent with YMC 15.06.for R-2 development.
Signage Standards --Shall be consistent with YMC 15.08.for R-2 development.
Lot 29— Commercial Area
Commercial development standards are intended to be met. For any development on Lot 29, it is
proposed that the bulk and dimension standards for any development on Lot 29 be constructed to
the standards of the Large Convenience Center. These standards are being proposed because those
standards would match the standards that are applicable to the adjoining property to the west.
Since the property to the east is fully developed with a large parking lot,there should be no adverse
impacts in that direction. The only limiting factor the property owner would like to implement is
that the building height on Lot 29 not to exceed 35 feet in height at the roof ridge line. The specific
development standards for the commercial area are as follows:
Commercial, Lot Size—None.
Commercial, Lot Coverage—90 percent.
Commercial, Lot Width—None.
Commercial, Building Height—35 feet.
Setbacks shall be consistent with the YMC 15.05.030, Table 5-1, LCC Standards.
Sitescreening --A minimum 6-foot-high black vinyl slatted chain-link fence shall be installed
along the east and west sides of the commercial area. Typical commercial landscaping must be
planted along the north and west property lines of Lot 29 to act as a buffer between commercial
and residential land uses.
Parking Standards --Shall be consistent with YMC 15.06 for LCC development.
Signage Standards—Shall be consistent with 15.08 for LCC development, except the maximum
height shall not exceed 25 feet.
Any Professional Business District(B-1) or Local Business District(B-2) Type 1 or Type 2 Land
Use listed in YMC Table 4-1 is permitted outright on Lot 29.
Private Interior Roadway
The roadway serving the entire development is proposed to be private. As proposed, a single-entry
point to the property will be located at the southeast corner of the property. It is expected that a
commercial-type approach be constructed to permit the free-flow of traffic from Summitview
Avenue into the property. Beginning at the southeast corner of the property, a 35-foot-wide
roadway section is proposed. Within the roadway section is to be constructed a 26-foot-wide
asphalt roadway consisting of 8-inches of crushed surfacing base course and 2-inches of asphalt.
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Each side of the roadway will have 2-foot rolled curbs and a 5-foot-wide sidewalk will be
constructed along the east side.
The roadway will be constructed within Tract A, which will be shared jointly by both the
residential users of the property and the commercial users of the property. This distinction is being
made, so that a proportional share may be established regarding the repair and maintenance of this
section of the roadway within a private road user's agreement. The roadway will then pass through
Tract B, which is to be owned by the residential users of this project. Tract B is intended to be
fully paved and will accommodate such uses as an emergency turn-around, drainage facilities,
community mailboxes, a keypad entry into the residential area and a staging area in front of the
entry gate. The 35-foot-wide roadway will then be encompassed within a 35-foot-wide easement,
as it passes over the lots within the residential area. Eventually, the 35-foot-wide roadway will
end at Tract C, which will be owned by the residential property owners, where an emergency
hammer-head turn-around is proposed. Undeveloped land within Tract C, is expected to be
landscaped with low ground cover and will be maintained by the residential users of the project.
The specific development standards for the private interior roadway are as follows:
The private interior roadway will be constructed in accordance with Exhibit B -- Private
Roadway Section.
Streetlighting will be private post yard lighting and installed on at least one lot of a common
wall structure (2 individual units).
SITE PLAN ELEMENTS
The residential portion of this project is proposed to be a gated community and will separate the
residential portion of the project from the commercial portion of the project. Lots 1 through 28
are proposed for residential common wall units. It takes two-platted lots to construct one common
wall structure, which consists of 2 total dwelling units. Each common wall structure will have 4
outside parking spaces in its front yard, two in front of each dwelling unit. The plan anticipates
that a 6-foot-high black vinyl fence be installed around the perimeter of the project and in the side
yards between each common wall structure.
Tract B, associated primarily with the residential portion of the project, has been designed to
accommodate a turn-around for wayward vehicles but more importantly, the main entrance to the
residential portion of the project. The area is intended to accommodate the continuous 5-foot-wide
sidewalk that runs from the southeast corner of the property, northerly, up to Tract C, where it
ends. Tract B will be the area where vehicles stage to pass through the gate into the residential
area. Ancillary land uses such as community mailboxes and other improvements, that may add
ambiance to the main residential entrance, can also be established within Tract B.
Lot 29 is being shown as the commercial lot within this development. Since there is currently no
end user on Lot 29, an attempt has been made to show an example of a highly intensive land use
on it. Based on this, the site plan shows a 15,660 square foot structure intended as a sit-down
restaurant with a drive-through window and 78 parking spaces. Heavy landscaping is shown along
the adjoining west and north property lines, due to the existing and proposed residential nature of
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those adjoining areas. An area for typical commercial landscaping is shown around the base of
the building and areas for parking lot landscaping have been provided. It is anticipated that a low
monument sign will be placed near the entrance of the project.
7. Development phasing, including times of performance to preserve vesting (YMC
15.28.070). This project is proposed to be completed in a single phase. It is anticipated that the
residential portion of the project will start first, due to the continued need for housing. Once an
end user for the commercial lot is established, it is expected that construction would start
immediately upon building permit approval. Until that time occurs, the property owner will
maintain the lot.
8. Performance Standards and conditions.
Performance standards and conditions addressing the project are outlined in the Hearing Examiner
recommendation and/or the City Council decision, fully incorporated herein. Additional
performance standards are found in the following files, fully incorporated herein: PD#002-25;
PLP#002-25; SEPA#12-25; and TCO#020-25.
9. Criteria for determining manor versus minor modifications and amendments.
Since this project anticipates Type 1 residential development in the residential portion of the
project(Lots 1 through 28), it is proposed that Type 1 Modification rules and regulations of Title
15 be implemented, if material changes are made in this area of the development.
The commercial portion of the project,Lot 29,is intended to permit Type 1 and Type 2 commercial
development with Large Convenience Center (LCC) construction standards. Since this promotes
reasonable development standards based on existing surrounding development, it too should be
subject to Type 1 Modification rules and regulations of Title 15. However, if any other change in
use is proposed, such as a land use not permitted within the B-1 or B-2 zoning district as a Type 1
or Type 2,then a Type 3 land use application should be permitted,provided the use is not industrial
in nature.
It should also be noted that an Architectural Committee has been established to ensure that
development occurs as intended through this Master Planned Development. This should help keep
modifications and land use changes from occurring that may burden the Master Planned
Development with incompatible land uses.
Minor Modification to R-2, B-1 & B-2 Permitted Land Uses
The specific development standards for a Minor Modification shall be the standards of YMC 15.17
— Modifications to Existing or Approved Uses or Development within this project, except that
permitted Type 3 Land Uses in the B-1 or B-2 may be processed as a Type 3 Review. Exemptions
permitted under YMC 14.05.160 & YMC 14.05.170 are also considered Minor Modifications.
Major Modifications to R-2, B-1 & B-2 Permitted Land Uses
A Major Modification is any modification and/or amendment that does not qualify as a Minor
Modification in accordance with YMC 15.17 -- Modifications to Existing or Approved Uses or
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Development and as described above. One example of a Major Modification would be to propose
a land use not permitted on Lot 29 by Type 1, Type 2 or Type 3 Review within the B-1 or B-2
zoning district(s). A second example of a Major Modification would be a proposal to further
subdivide the Commercial Area (Lot 29), or any other lot within the development. Under this
scenario, the proponent would be required to follow the subdivision rules and regulations of YMC
Title 14, unless determined to be exempt through YMC 14.05.160 & YMC 14.05.170.
10. Developer's compliance. Developer agrees to abide by all such conditions identified as
part of any homeowner's association, declaration of covenants, road maintenance agreement,
stormwater maintenance agreement, or any other similar agreement or restriction for the proposed
development, which is incorporated herein by this reference as if set forth in full.
11. Public Meeting Summary.
An Open Record Public Hearing for this project was held before the City of Yakima Hearing
Examiner on January 8, 2026 (City File Numbers PD#002-25, PLP#002-25, SEPA#12-25,
TCO#020-25). The City of Yakima Hearing Examiner issued a Recommendation of Approval,
with conditions for the proposal. A Closed Record Hearing for this project was held on April 14,
2026, where the City of Yakima Hearing Examiner's Recommendation, with conditions, was
adopted.
12. Appeals. In the event that any of the permits or approvals associated with the proposed
development, including but not limited to SEPA determinations, preliminary long plat, Type 1 or
2 review, or planned development approval, are or may be appealed, then in that event the City's
obligations under this Agreement and under the above-referenced development entitlements, shall
be suspended, and may be terminated in whole or in part to the extent that the City reasonably
believes necessary to maintain consistency between this Agreement(and/or the above-referenced
development entitlements) and the conclusion of any appellate proceedings associated with the
proposed development. Developer agrees not to appeal any of the previously required permits or
approvals associated with the proposed development, including but not limited to SEPA
determinations, preliminary long plat, Type 1 or 2 reviews, or planned development approval.
13. Default/Notice. No party shall be in default under this Agreement unless it has failed to
perform as required for a period of 30 days after written notice of default to the other party. Each
notice of default shall specify the nature of the alleged default and the manner in which the default
may be cured satisfactorily. The party not in default under this Agreement shall have all rights
and remedies provided by law or equity, including without limitation, damages, specific
performance or writs to compel performance or require action consistent with this Agreement.
14. No third party beneficiary. This Agreement is made and entered into for the sole
protection of the parties hereto and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
15. Third party legal challenge. In the event any legal action or special proceeding is
commenced against the City by any person or entity other than by a party to this Agreement to
challenge this Agreement or any provision herein, including any of the permits, approvals or
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entitlements associated with this Agreement, the City may elect to tender the defense of such
lawsuit or individual claims in the lawsuit to Developer. In such event, Developer shall hold the
City harmless from and defend the City from all costs and expenses incurred in the defense of such
lawsuit or individual claims in the lawsuit, including but not limited to reasonable attorneys' fees
and expenses of litigation and damages awarded to the prevailing party or parties in such litigation.
The Developer shall not settle any such tendered lawsuit without the consent of the City, which
consent shall not be unreasonably withheld.
16. Term. This Agreement shall continue in force for a period of ten (10) years unless
extended or terminated as provided herein or when the property has been fully developed,
whichever first occurs, and all the Developer's obligations in connection herewith have been
satisfied in the sole reasonable discretion of the City. Provided, however, that termination of this
Agreement shall not affect any of Developer's obligations to comply with the Yakima Urban Area
Comprehensive Plan, any applicable zoning, subdivision, or other municipal codes, or any land
use entitlements approved with respect to the property or proposed development. Termination of
this Agreement shall not affect any of Developer's obligations herein which expressly or by
implication are to continue after the termination of this Agreement; notwithstanding the generality
of the foregoing, the parties expressly agree and covenant that the streets within the proposed
development shall be required to be private and shall never be accepted by the City of
Yakima as public streets.
17. City's reservation of rights. The parties intend this Agreement to be interpreted to the
full extent authorized by law and as an exercise of the City's authority to enter into development
agreements pursuant to RCW 36.70B.170. Provided, however, that this Agreement shall be
construed to exclude from its scope and reserve to the City the authority which is prohibited by
law from implementation by mutual agreement with consideration of parties acting under Ch.
36.70B. RCW. Without limitation, this shall include the right of the City to impose new or
different conditions on the property to the extent required by stormwater development standards
and any serious threat to public health and safety. Developer acknowledges that any phased
approach to developing the proposed development contemplates and requires the exercise of
further discretionary powers by the City. These powers include, but are not limited to, review of
additional permit applications under SEPA and other applicable law. Nothing in this Agreement
shall be construed to limit the authority or the obligation of the City, or any of its officials or
officers, in complying with or applying applicable law during review of specific project proposals
or other subsequent phases of the proposed development.
18. Developer's warranties and representations. Developer represents and warrants to the
City that Developer has a property interest in the property, and that the covenants and obligations
of Developer in this Agreement and in the permits, approvals, and entitlements associated with
this Agreement and the proposed development do not violate or constitute a default under or breach
of any agreement between the Developer and any third party by which Developer is bound.
Developer represents and warrants to City that Developer is fully authorized to enter into and
perform its obligations under this Agreement. Developer represents and warrants to City that there
is neither pending nor, to the knowledge of Developer, any threatened legal action, arbitration, or
administrative hearing before any governmental authority to which Developer is a party and which
could enjoin or restrict Developer's right or ability to perform its obligations under this Agreement.
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19. Further discretionary action. Developer acknowledges that the existing land use
regulations for the City of Yakima contemplate the exercise of further discretionary powers by the
City. Nothing in this Agreement shall be construed to limit the authority or the obligation of the
City to hold legally required hearings, or to limit the discretion of the City and any of its officers
or officials in complying with or applying existing land use regulation as appropriate. These
powers may include, but are not limited to, review of additional permit applications under SEPA.
20. Vesting. The master planned development review shall be vested to development
regulations, standards, conditions, and laws applicable at the time the Development Agreement is
recorded, inclusive of specific conditions and standards set forth in said Development Agreement
to the extent it complies with applicable Washington law. The vesting period shall be for the
"Term" as stated in the Development Agreement and shall be agreed upon by the parties to the
Development Agreement after giving consideration to the extent and complexity of the proposed
development as well as specific development planning considerations raised by Developer.
21. Termination. This Agreement shall expire and/or terminate as provided below:
a) This Agreement shall expire and be of no further force and effect if the Developer does
not construct the Project as contemplated by the permits and approvals identified and
incorporated into this Agreement and submits applications for development of the
Property consistent with such permits and approvals.
b) This Agreement shall terminate upon the expiration of the term identified in Section 16
herein or when the Subject Property has been fully developed, whichever first occurs,
and all of the Developer's obligations in connection therewith are satisfied as
determined by the City. Upon termination of this Agreement, the City shall record a
notice of such termination in a form satisfactory to the City Attorney that the
Agreement has been terminated.
c) Effect upon termination on Developer obligations. Termination of this Agreement as
to the Developer's obligations to comply with the City Comprehensive Plan and the
terms and conditions of any applicable zoning code(s) or subdivision map or other land
use entitlements approved with respect to the Property. Any other conditions of any
other development specified in the Agreement to continue after the termination of this
Agreement, or obligations to pay assessments, liens, fees, or taxes shall continue.
d) Effects upon termination on City. Upon any termination of this Agreement as to the
Developer of the Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement
shall no longer be vested hereby with respect to the property affected by such
termination (providing that vesting of such entitlements, conditions or fees may then
be established for such property pursuant to then-existing planning and zoning laws).
22. Severability. If any provisions of this Agreement are determined to be unenforceable or
invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then
the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain
unaffected and in full force and effect.
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23. Agreement to be recorded. This Agreement may be modified only by written agreement
of the parties hereto. This Agreement or a memorandum thereof shall be recorded against the
property as a covenant running with the land which touches and concerns the property and shall
be binding upon the City and Developer, their heirs, successors, and assigns, and all future owners
of the property. Developer shall be responsible for the costs of recording. Any approved
modifications to this Agreement shall also be recorded against the Property at Developer's
expense.
24. Agreement approval. This Agreement, and any modifications thereto, may only become
effective upon execution by the City of Yakima following adoption of a resolution approving the
same following a public hearing in compliance with Chapter 36.70B. RCW.
25. Assignment of interests, rights and obligations. This Agreement shall be binding and
inure to the benefit of the parties. No party may assign its rights under this Agreement without the
written consent of the other party, which consent shall not be unreasonably withheld. This
Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns
of Developer and the City.
26. Governing law and venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. Venue for any action shall lie in Yakima
County Superior Court.
27. Attorneys' fees. In the event of any litigation or dispute resolution process between the
parties regarding an alleged breach of this Agreement, neither party shall be entitled to any award
of attorneys' fees.
28. Covenants running with the land. The conditions and covenants set forth in this
Agreement shall run with the land. Developer and every purchaser, assignee, or transferee of any
interest in the Property or any portion thereof shall be obligated and bound by the terms and
conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only
with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such
purchaser, assignee, or transferee shall observe and fully perform all of the duties and obligations
of the Developer contained in this Agreement, as such duties and obligations pertain to that portion
of the Property sold, assigned, or transferred to it.
29. Notices. Notices, demands or correspondence to the City and Developer shall be
sufficiently given if dispatched by pre-paid, first-class mail to the following addresses:
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Tim Eglin
3904 Isabella Way
Yakima, WA 98901
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30. Entire agreement. This Agreement constitutes the entire agreement of the parties and
incorporates all prior discussions and agreements.
IN WITNESS WHEREOF, this Agreement has been entered into between the City and
Developer and is effective as of the day of , 2026.
EGLIN & EGLIN, LLC
a Washington limited liability company
By:
Its:
CITY OF YAKIMA, a Political
Subdivision of the State of
Washington
By: , City Manager
APPROVED AS TO FORM:
By: , City Attorney
ATTEST TO:
By: , City Clerk
State of Washington )
) ss
County of Yakima )
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On this day of personally appeared before me , to me
known to be the individual described in and who executed the within and foregoing
instrument as the Manager/Member of Eglin & Eglin, L.L.C., a Washington limited
liability company, and acknowledged he signed the same as his free and voluntary act
and deed, for the uses and purposes therein mentioned, and that he authorized to execute
the document on behalf of and as an agent of Eglin & Eglin, L.L.C.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal this day of , 2026.
Notary Public in and for the State of Washington
Residing at Yakima.
My Commission expires:
State of Washington )
) ss
County of Yakima )
On this day of , 2026, I certify that I know or have
satisfactory evidence that , CITY MANAGER of the CITY
OF YAKIMA, is the person who appeared before me, and said person acknowledges that
they are authorized to sign this instrument on behalf of the City of Yakima, and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in
the instrument.
Witness my hand and official seal hereto affixed the day and year first above
written.
Notary Public in and for the State of Washington
Residing at Yakima.
My Commission expires:
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