HomeMy WebLinkAboutR-2006-131 Hedgewood Final Plat ApprovalA RESOLUTION
RESOLUTION NO. R-2006-131
approving the final plat of Hedgewood, a 28 -lot subdivision located at
1419 South 72nd Avenue, and authorizing the Mayor to sign the final plat ;
Pete Olson is the applicant herein.
WHEREAS, on August 12, 2005, the Hearing Examiner held a public hearing to
consider the application for a 28 -lot subdivision submitted by Pete Olson and known as
Hedgewood, located on the east side of South 72nd Ave at 1419 South 72nd Avenue (City of
Yakima Preliminary Plat #3-05); and
WHEREAS, on September 22, 2005, the Hearing Examiner issued his
Recommendation for approval of the proposed plat subject to several conditions; and
WHEREAS, at its public meeting on November 1, 2005, the City Council determined by
motion that the Recommendation of the Hearing Examiner should be affirmed and adopted;
and
WHEREAS, the applicant has completed or bonded for construction of all public
improvements required as conditions of approval of the preliminary plat, and the City Engineer
has inspected, approved and accepted all plans and designs for all such required
improvements; and
WHEREAS, as this final plat comes before Council for review each member declares
that he or she has had no contact with either the applicant or opponents of the final plat, Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Hedgewood, consisting of two sheets dated August 14, 2006,
depicting a 28 -lot subdivision located on the east side of South 72nd Avenue at 1419 South 72nd
Avenue, is hereby approved and the Mayor is hereby authorized to sign the final plat. The
applicant shall file the final plat for Hedgewood for record in the Yakima County Auditor's Office
immediately, or as soon thereafter as possible, and the applicant shall be responsible for all
filing fees.
ADOPTED BY THE CITY COUNCIL this 19th day of ptember, 306.
A_//
*avid Edler, Mayor
City of Yakima, Washington
Department of Community & Economic Development
Office of Environmental Planning
CITY COUNCIL PUBLIC MEETING
September 19, 2006
Final Long Plat Consideration
for the Plat of Hedgewood (28 lots)
Submitted by Pete Olson
Location, 1419 S. 72nd Ave.
Final Long Plat #3-06
Jeff Peters
Assistant Planner
575-6163
SUMMARY OF RECOMMENDATION.
All requirements conditional to the final approval of this plat have been satisfied. The Division
of Environmental Planning recommends Council acceptance of the final plat of Hedgewood.
FINDINGS
BACKGROUND.
Hedgewood is a new 28 -lot subdivision located at 1419 S. 72nd Ave. In open Council session on
October 18, 2005, the Hearing Examiner's recommendation, granting preliminary approval of this
long plat, was accepted.
COMPREHENSIVE PLAN.
The 1997 Comprehensive Plan's Future Land Use Map identified the subject property as Low
Density Residential. This designation is recognized as having less than seven dwelling units per
net residential acre. Therefore, this preliminarily approved subdivision meets the intent of the
Comprehensive Plan as the plans for this development indicated a total net residential density of
approximately five dwelling units per net residential acre.
The Plan also provides goals and policies directed towards the provision of adequate public
utilities for new developments. Thus, this site is now fully serviced by all necessary public
utilities with access provided by 72nd Ave. and the continuation of Mead Ave.
ZONING.
The Single -Family Residential Zoning District (R-1) is characterized by 45 percent maximum lot
coverage, access to individual lots by local access streets, large front, rear and side yard setbacks,
and one and two story structures.
SUBDIVISION ORDINANCE STANDARDS.
Criteria for subdivisions are included in YMC 14.25.110, which specifies the requirements for
subdivision design. The plat of Hedgewood has been found to comply with all applicable
Plat of Hedgewood
Final Long Plat #3-05
Pete Olson
1419 S. 72nd Ave.
1
standards and the final plat is in general conformance with the preliminary design.
ENVIRONMENTAL REVIEW.
A Final Mitigated Determination of Nonsignificance was issued for this subdivision on July 8,
2005 and no appeal was filed following the 15 -day SEPA appeal period. As a result no
additional SEPA review is required for this Final Plat.
CONDITIONS OF APPROVAL.
The approved preliminary plat required the applicant to complete all site improvements listed as
conditions in the Hearing Examiner's Recommendation of September 22, 2005 (see attached).
The conditions that must be met before the final plat can be approved consist of the following:
1. The developer shall dedicate and develop all needed future street right-of-way for the
extension of Mead Avenue and all other rights-of-way necessary for the development of
the Preliminary Plat of Hedgewood as depicted upon the applicant's site plan delivered to
the City of Yakima on April 29, 2005.
2. An 8 -foot wide public utility easement shall be required showing the location of all
existing and proposed sewer stubs.
3. All irrigation lines and easements shall be shown on the face of the plat.
Status: Items 1-3 above: All necessary rights-of-way for the extension of Mead
Avenue have been provided and all easements and irrigations lines for the
extension of public utilities have been correctly shown on the face of the plat.
4. The applicant shall obtain a grading permit from the City of Yakima Building Codes
Division prior to any construction or site preparation on site.
5. Erosion control measures shall be installed and in place prior to clearing, grading, or
construction in accordance with the Department of Washington State Department of
Ecology's Erosion Sediment Control Plan regulations.
6. A Dust Control Plan shall be submitted to, and approved by, the Yakima Regional Clean
Air Authority prior to any phase of work.
7. All lots shall be served with public water from the Nob Hill Water Company. No
individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final
plat approval, written verification from Nob Hill Water must be submitted to the Planning
Department indicating that all construction providing each lot with domestic water has
been completed and fees paid.
Plat of Hedgewood
Final Long Plat #3-05
Pete Olson
1419 S. 72nd Ave.
Status: Items 4 —7 above: The applicant has attained all the applicable
approvals, permits and letters required to satisfy the stated conditions and
satisfaction of the City of Yakima Planning Division.
2
8. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
9. All public and private utilities to be located within public road rights-of-way must be
constructed prior to the start of road construction.
10. An eight -inch sewer main shall be installed in the extension of Mead Ave. from
approximately S. 69th Ave to the intersection of S. 72nd Ave. and in S. 71st Ave. to the
proposed end of HEDGEWOOD COURT in accordance with Chapter 12.03 of the
Yakima Municipal Code.
11. A six-foot view -obscuring cedar or similarly constructed fence will be constructed to
separate subdivision from the back yards of the surrounding existing residences on the
subdivision's east and south boundaries.
Status: Items 8 —10 above: All street, utility and private improvements have been
engineered, reviewed and completed or financially secured by bond in the amount
of $25,822.50. The City Engineer has evidenced his approval by signing the final
plat.
12. The City of Yakima will install approximately one hundred fifty feet of sidewalk on the
north and south sides of the proposed Mead Ave. in conjunction with an approximately
eleven -foot wide turn lane complete with traffic signal, provided the developer dedicates
the needed property to extend Mead Ave. from approximately S. 69th Ave. to S.72nd Ave.
as specified by the City of Yakima Engineer and completes the required infrastructure
prior to the City of Yakima improving this intersection.
Status: The developer has dedicated the required property.
13. The developer shall declare a covenant that is binding on the owners of the dwelling units
constructed on the property and enforceable by the City of Yakima and other lot owners
within the subdivision, and that requires the owners of the dwelling units to maintain the
dwelling units, accessory structures and landscaping in good repair and free of litter and
debris in order to assure the preservation of the character of the neighborhood.
Status: This requirement will be met at the time or recording by the simultaneous
recording of both the approved covenant and final plat.
14. The final plat shall substantially conform to the preliminary plat, except as modified by
the City Council. The preliminary plat shall include designation of Lots 1 through 4, Lots
8 through 23, and Lots 25 through 28 as common wall single-family residence lots.
Status: This requirement has been fulfilled.
15. All addresses shall be as specified by the City of Yakima Building Codes Division. All
addresses must be clearly shown on the face of the final plat.
Plat of Hedgewood
Final Long Plat #3-05
Pete Olson
1419 S. 72nd Ave.
3
Status: This requirement has been fulfilled.
16. The developer shall obtain street name and address assignments from the City of Yakima
Building Codes Divisions based on preliminary plat approval.
Status: This requirement has been fulfilled.
17. The lots shall be subject to the following notes, which must be placed on the face of the
plat: The owners shown hereon, their grantees and assignees in interest hereby covenant
and agree to retain all surface water generated within the plat on-site.
Status: This requirement has been fulfilled.
CONCLUSION.
1. The final plat is consistent with the goals, objectives and intent of the Urban Area
Comprehensive Plan and the standards of the Urban Area Zoning Ordinance.
2. The final plat meets the standards of the City of Yakima Subdivision Ordinance.
3. The final plat is in substantial conformance with the preliminary plat and the relevant
conditions of approval.
4. All construction and required improvements necessary for final plat approval have been
financially secured or completed.
RECOMMENDATION
The City Engineer's office has inspected and accepted all required physical improvements and the
City Engineer has signed the plat in affirmation of this fact. The Planning Division has reviewed
the final plat and found it to be in substantial conformance with the teiius and conditions of
preliminary plat approval. Staff, therefore, recommends City Council acceptance of the final plat
of Hedgewood and asks that the resolution authorizing the Mayor to sign the final plat be
adopted.
Plat of Hedgewood
Final Long Plat #3-05
Pete Olson
1419 S. 72nd Ave.
4
In the Matter of the Master Application
by
Frank Baehm
For the "Hedgewood" Long Subdivision
and Associated Class (2) Review for
Common Wall and Duplex Use and
Administrative Adjustment of Lot
Coverage Standards
City File Nos. Pre Plat #3-05, CL(2) #9-
05 & ADM ADJ #8-05
HEARING EXAMINER'S
RECOMMENDATION
Frank Baehm, by and through Pete Olson, has submitted a master application for the
Hedgewood Preliminary Plat, the development of common wall single family residences
and duplexes on lots within the proposed subdivision, and the adjustment of lot coverage
requirements on certain lots within the proposed subdivision to allow the duplexes to be
of comparable size to the common wall units. No use is proposed for Lot 5 of the
subdivision. The property is owned by Mr. Baehm. After public notice, the City of
Yakima issued a Mitigated Determination of Nonsignificance pursuant to the State
Environmental Policy Act. Public comment was received on both the application and the
MDNS respecting traffic safety and the arrangement of the intersections of the internal
streets with South 72nd Avenue. Comment was also received regarding the compatibility
of common -wall residential construction and duplex development on the property. No
appeals of the DNS were filed. The initial hearing date for the master application was
August 12, 2005. The Hearing Examiner conducted a site visit on August 11, 2005.
Immediately prior to the August 12 hearing, a letter sent on behalf of Frank Baehm to the
City of Yakima sought withdrawal of the application. At the August 12 hearing, counsel
for Pete Olson requested that the hearing be continued because the ostensible withdrawal
letter was a matter of surprise to Mr. Olson. The hearing was continued until September
8, 2005, to allow consultation between Mr. Olson and the property owner. At the
September 8 hearing, counsel for Mr. Baehm stated support for continued processing of
the master application. Subsequently to the August 12 hearing session, the City received
additional comment letters from neighboring property owners regarding various aspects
HEARING EXAMINER RECOMMENDATION - 1
HEDGEWOOD MASTER APPLICATION
of the master application and the City Planning staff recommendation for it. The main
issues addressed in the comment letters and raised by commenters at the September 8
hearing include (1) the impacts of connecting South 69th Avenue to South 72nd Avenue by
the extension of West Mead, and (2) the impact of development of common wall houses
and duplexes at the subject property of the value of surrounding properties and the
character of the surrounding neighborhood. Commenters also expressed concern about
the disposition of Lot 5, and about the potential for City Planning staff assigned to review
of the application to have been subject to undue influence due to a tenant -landlord
relationship between the assigned staff and Pete Olson.
Summary of Recommendation: The Plat of Hedgewood should be approved subject to
conditions. The extension of West Mead Avenue to South 69th Avenue is consistent with
Yakima Urban Area Comprehensive Plan policies for the integration of subdivisions with
the collector and arterial street system and city development standards. The application
for Class (2) review for the development of common wall homes and duplexes should be
approved, since the development is generally permitted and there is not substantial
evidence of unmitigated incompatibility. The administrative adjustment to lot coverage
standards should be approved, since it is consistent with the adjustment criteria.
From the site visit, a review of the staff report and other exhibits, information received at
the hearing, and a review of Urban Area Zoning Ordinance and the Yakima Urban Area
Comprehensive Plan as it pertains to the subject application, the Hearing Examiner
makes the following
FINDINGS
1. Applicant. Frank Baehm, by and through Pete Olson, P.O. Box 8021, Yakima,
WA, 98908.
2. Owner. Frank Baehm, 1419 S. 7211d Avenue, Yakima, WA 98908.
3. Location. This property is located at 1419 S. 72nd Ave.
HEARING EXAMINER RECOMMENDATION - 2
HEDGEWOOD MASTER APPLICATION
4. Parcel Number and Legal Description. 181329-43011 & 181332-12003. The
legal description of the property is set for the in the preliminary plat.
5. Application. Master Application for a Preliminary Long Plat for 26 residential
lots, located on approximately 5.94 acres coupled with a Class (2) Review for common
wall and duplex construction, Administrative Adjustment to the lot coverage standard &
Environmental Review of the entirety of this development..
6. Current zoning and Land Use. The current zoning for this property is R-1,
Single Family Residential. The current zoning of this property is (R-1) Single -Family -
Residential, and the surrounding properties have the following characteristics.
Zoning
North R-3 Multi -Family Residential
South R-1 Single -Family -Residential
West R-1 Single -Family -Residential
East R-1 Single -Family -Residential
Land Use
Multi & Single -Family
Housing
Single -Family Homes
Single -Family Homes &
Church
Single -Family Homes
7. Property description. The subject property is currently two large lots
comprising approximately 5.94 acres. There is an existing residence on the subject
property on South 72nd Avenue directly across from the West Mead intersection. The
balance of the property is in pasture. The property is essentially flat. All municipal
services are available to the property.
8. Project description. The applicant proposes to subdivide approximately 5.94
acres of property into twenty-eight new lots that range in size from 5,000 to 34,394
square feet. The proposal also includes single -story common wall residential construction
on all lots with the exception of Lots #5,6, 7 and 24. Duplexes are proposed on Lots 6
and 24 on a scale similar to the common wall structures. That size of duplex requires an
adjustment of the lot coverage standard by 10% increasing allowable coverage to 55%.
The existing residence would be removed or demolished. A six-foot view -obscuring
fence around the development is proposed. The development would include the
HEARING EXAMINER RECOMMENDATION - 3
HEDGEWOOD MASTER APPLICATION
extension of West Mead Avenue to connect South 69th Avenue and South 72nd Avenue,
and would accompany signalization of the intersection of West Mead Avenue and South
72nd Avenue as required by the City Engineer.
9. Environmental Review. The City of Yakima issued a Final Mitigated
Determination of Nonsignificance (MDNS) on July 8, 2005 following a public comment
period. No appeals were filed by the July 25, 2005 appeal deadline. The MDNS
conditioned the finding of no significance upon the following mitigating measures:
• Development & Transportation Requirements:
a. The applicant shall dedicate and develop all needed future street right-of-
way for the extension of Mead Ave. and all other rights-of-way necessary
for the development of the Preliminary Plat of Hedgewood as depicted
upon the applicant's site plan received April 29, 2005.
b. A five-foot sidewalk with drainage, barrier curb, gutter, residential
approaches, streetlights and asphalt paving, as specified by the City of
Yakima Engineer, shall be installed or bonded for on all streets and
frontages within the Plat of Hedgewood. as specified under Chapters 12.05
thru 12.06 of the Yakima Municipal Code.
c. The applicant or his/her contractor shall additionally install an eight -inch
sewer main in the extension of Mead Ave. from approximately 69th Ave to
the intersection of S. 72nd Ave. and in S. 71St Ave. to the proposed end of
HEDGEWOOD COURT in accordance with Chapter 12.03 of the Yakima
Municipal Code.
d. All domestic water for this development shall be installed to Nob Hill
Water Co. standards.
e. The City of Yakima will install approximately one hundred fifty feet of
sidewalk on the north and south sides of the proposed Mead Ave. in
conjunction with an approximate eleven foot wide turn lane complete with
traffic signal, provided the developer dedicates the needed property to
extend Mead Ave. from approximately 69th Ave. to 72nd Ave. as specified
by the City of Yakima Engineer and completes the required infrastructure
prior to the City of Yakima improving this intersection. Should the
HEARING EXAMINER RECOMMENDATION - 4
HEDGEWOOD MASTER APPLICATION
developer fail to complete or bond for the required infrastructure prior to
the specified time the developer shall install all required improvements at
his or her expense.
• Dust Control: A Dust Control Plan must be submitted to, and approved by, the
Yakima Regional Clean Air Authority prior to any phase of work."
10. Notices. Public notice of the application and hearing was provided in
accordance with: YMC Title 14, Subdivision Ordinance; YMC Title 15, Urban Area
Zoning Ordinance, and YMC Title 16, Development Permit Regulations. Additional
notice was made regarding the continuation of the August 12, 2005 hearing to September
8, 2005.
11. Analysis. The review of the master application requires review of each of
the components of the application and of their relationship to one another.
a. Preliminary Plat Application. The City staff has performed a thorough
review of the preliminary plat, and their analysis in the staff report is incorporated by
reference in theses findings except as otherwise provided. In addition, the staff has
developed a set of standard conditions for subdivisions that assure that the developer is
aware of the array of development standards, including the subdivision ordinance, which
would be applicable to the subject project if it is approved. In the absence of objections
or evidence that the standard conditions are not appropriately applied in this case, they
are adopted by the examiner, subject to project specific changes based on the following
analysis.
The criteria to be applied in making a recommendation on an application for a
subdivision are set out in YMC 14.20.100. The proposed subdivision must be consistent
with the provisions of the comprehensive plan, the urban area zoning ordinance, and the
subdivision ordinance. Appropriate provisions are also to be made for public health,
safety, and general welfare, open spaces, drainage ways, streets or roads, alleys, and other
public ways, transit stops, potable water supplies, irrigation and other water suppliers,
sanitary waste disposal, parks and recreation, playgrounds, schools and school grounds,
sidewalks, and other planning features that assure safe walking conditions for students
who walk to and from school. See RCW 58.17.110. To recommend approval of a
HEARING EXAMINER RECOMMENDATION - 5
HEDGEWOOD MASTER APPLICATION
subdivision application, the hearing examiner must find that the public use and interest
will be served by the approval of this subdivision.
Consistency with the comprehensive plan.. The development of a residential
subdivisions on appropriately zoned property within city limits is generally consistent
with YUACP policies. Policy G2.2 calls for protecting existing neighborhoods from
excessive commercial and industrial encroachments through the establishment of definite
neighborhood boundaries and implementation of zoning standards which minimize the
impact on adjacent properties. Infilling of residential neighborhoods with residential
development limits commercial and industrial encroachment.
Policy G4.1 encourages new urban development to locate as a first, best choice
within the City limits. The urban residential density facilitated by the subdivision fulfills
the policy.
Policy G4.2 encourages urban residential infill development as provided by the
proposed subdivision. New urban development contiguous to existing development
avoids an inefficient "leap -frog" pattern of growth.
The Future Land Use Map in the YUACP (Map III -3) designates the subject
property and the surrounding area as Low Density Residential, "which may include single
family homes, duplexes or other similar structures." See YUACP p. III -11. Thus the
YUACP clearly contemplates that dwellings such as those proposed are acceptable in
single family residential communities. In addition, "an adequate and affordable supply of
housing for all income levels within the community is a major goal of this Land Use
Plan." See YUACP p. III -9. The common wall and duplex development is intended to
provide affordable housing as contemplated in the YUACP.
However, the YUACP also provides: "To accomplish this goal, opportunities
must be available for new development, but must also be balanced by the preservation of
existing neighborhoods and the need to infill or redevelop some areas....Sometimes these
objectives become competing or even contain conflicting values. Compatibility of new
development must remain a principal focus of decision-making when weighing these
values."
YUACP Policy G4.5 (p. II.8) mandates the integration of subdivisions into the
collector and arterial system. The purpose of the integration is to assure connectivity for
HEARING EXAMINER RECOMMENDATION - 6
HEDGEWOOD MASTER APPLICATION
accessibility and fire protection purposes. In addition, YMC 12.06.060 implements the
policy by requiring that the "[street] pattern shall provide for the continuation or
appropriate projection of existing and new streets." The public comment is at odds with
appropriateness of the connectivity that would be produced by the extension of West
Mead. Much of the public comment concerned the traffic safety and congestion
consequences within the existing residential development that currently is accessed from
South 72nd Avenue by way of West King Street. Several commenters indicated that they
selected that neighborhood precisely because it was not subject to through traffic and
related congestion and pedestrian safety risks. Nevertheless, the YUACP and
development regulations call for integrated street systems within the city, and address the
residential traffic and pedestrian safety issues by providing for sidewalks and for the
designation of streets for local traffic use rather than through traffic use. See Policy T3.9
"Local streets may be designated and signed in order to discourage their use by through
traffic." In addition, the YUACP promotes ease of pedestrian and motorized access to
services within the urban area.
Earlier development of South 69th Avenue immediately to the east of the subject
property appears to have been developed with an expectation of the future connection of
South 69th Avenue with South 72nd Avenue by completion of West Mead. Half -streets
have been installed on the eastern edge of the King Street development, also suggesting
future development of properties to the east. Requests from commenters for a dead end
on the eastward extension of West Mead from South 72nd Avenue, although
understandable given the residents' stated desire for seclusion, cannot be squared with the
policy framework in the YUACP or with the existing pattern of development in the area.
Consistency with the zoning ordinance. The zoning ordinance regulates land
uses. The R-1 zoning district is intended to establish and preserve residential
neighborhoods for detached single-family dwellings free from other uses except those,
which are compatible with and serve the residents of this district. The preliminary plat
indicates that all the lots except Lots, 6, 7 and 24 are "zero lot line units." The proposal
is more properly one for common wall units as defined in the zoning ordinance. The plat
would have to appropriately designate the lots used for attached dwellings to comply with
the zoning ordinance. Common wall dwelling units are Class (2) uses in the R-1 zoning
HEARING EXAMINER RECOMMENDATION - 7
HEDGEWOOD MASTER APPLICATION
district. By definition, Class (2) uses are "permitted uses" but must be reviewed to
promote compatibility with "the intent and character of the district." A subdivision
providing for common wall residential dwellings is consistent with the zoning ordinance
so long as, upon review, the development is not incompatible with the intent and
character of the R-1 zone. Compatibility of common wall -based residential development
is analyzed in subsequent sections of these findings.
If the proposed common wall and duplex developments are susceptible to
approval on Class (2) review, the lot sizes in the subdivision also confoiili to the
subdivision standards set out in Table 5-2 in Chapter 15.05 YMC.
Consistency with the subdivision ordinance. Subdivision design standards and
other requirements are set out in Tables 5-1 and 5-2 of the ordinance. A review of the
preliminary plat against the standards and requirements shows it to be consistent. This
preliminary subdivision indicates that all lots will have meet the proper street access
standards, be provided with the necessary public utilities, exceed the minimum lot size
for common wall construction and meet or exceed the minimum lot width of 50 feet as
measured at the rear of the required front yard setback.
The purposes of the subdivision ordinance include protection and preservation of
the public health, safety and general welfare in accordance with standards established by
Chapter 58.17 RCW; to prevent overcrowding land; to lessen congestion in the streets
and highways; to promote effective use of land; to promote safe and convenient travel by
the public on streets and highways; to provide for adequate light and air; to facilitate
adequate provision for water, sewerage, utilities, drainage, parks and recreation areas,
sites for schools and school grounds and other public requirements; and to provide for
proper ingress and egress.
Generally, the statutory criteria are adequately addressed by the preliminary plat
or by operation of the development regulations. Utilities are available in the area and
may be readily extended through the platted easements. No comment suggesting any
school -related issues has been entered into the record, except with regard to expanded
accessibility provided by the street improvements. Parks and recreation issues are dealt
with on a citywide basis through the YUACP and the adopted Parks and Recreation Plan.
Open space is addressed through the application of subdivision development standards,
HEARING EXAMINER RECOMMENDATION - 8
HEDGEWOOD MASTER APPLICATION
including lot coverage standards. Street and sidewalk designs are addressed by design
standards established in Title 12 of the Yakima Municipal Code. Agency review
comments in the record indicate compliance with Title 12.
Finally, in regard to RCW 58.17.110 and YMC 14.20.100, a subdivision may be
recommended if it is in the public interest. The applicant argues that the subdivision is
in the public interest because it provides affordable housing, jobs and improved traffic
circulation, and fulfills infilling objectives of the YUACP. Public commenters
challenged the idea that the subdivision was in the public interest, since any employment
would be transitory. Otherwise, comments indicated that the extension of West Mead
Avenue was not necessary. Of course, if the development is incompatible with the intent
and character of the zoning district or with the surrounding uses, it is hard to say that it
is in the public interest without some overriding benefit being realized from the
development. As noted, compatibility issues are discussed below. . The subdivision will
further housing goals and objectives set forth in the YUACP. It will do so consistently
with the traffic and transportation elements of the YUACP. Short of a determination that
the development presents unmitigated incompatibility, there has been no showing that the
subdivision is inconsistent with the public interest
b. Common -wall and Duplex Development. Common wall dwelling units
and duplex development in the R-1 zoning district are permitted uses for which review is
required to promote "compatibility with the intent and character of the district and the
objectives of the Yakima urban area comprehensive plan." See the permitted use table in
YMC 15.04.030 and the definition of Class (2) uses in YMC 15.02.020. Such uses can
be denied if, based on the specific circumstances of the application, they are substantially
incompatible. The applicant asserts that the common wall structures and duplexes are
compatible with the affected R-1 zone and its character because the area is already
subject to a mixture of uses, including duplexes and multifamily dwellings immediately
to the north and northwest. Furthermore, the applicant notes that the zoning to the north
of the property is R-3, and the common wall/duplex development provides a buffer for
the benefit of the surrounding detached single family residential neighborhood. There are
currently multiple family and duplex residences to the north and northwest of the subject
property. Even further, the YUACP, as discussed earlier, provides for infilling and for
HEARING EXAMINER RECOMMENDATION - 9
HEDGEWOOD MASTER APPLICATION
affordable housing, and the proposed development serves those purposes. Finally,
applicant proposes to install a six-foot view -obscuring cedar fence to separate the
development from the surrounding detached residential neighborhood, thus further
minimizing any visual or aesthetic impacts.
The neighbors comment that the neighborhood is overwhelmingly detached single
family dwellings, and that the proposed development would detract from the existing
character of the neighborhood. They further argue that proximity of the proposed
development would cause a decline in surrounding property values.
The zoning ordinance does not contain specific standards for evaluating
compatibility. When no specific standard for evaluating compatibility is provided by the
development regulations, the burden of showing incompatibility falls to the local
government in the land use decision. See the case of Sunderland Family Treatment
Services v. City of Pasco, 127 Wash.2d 782, 903 P.2d 986 (1995). In that case, because
the Pasco Municipal Code did not set forth any standards against which the court could
judge the reasonableness of Pasco's denial of a use permit, the City had the burden of
showing why a generally permitted use is inappropriate in the particular case. A finding
of incompatibility must be supported substantial evidence.
The staff report indicates that determinations of compatibility are based on public
comment. However, as the Supreme Court said in Sunderland, unsubstantiated concerns
regarding impacts on property values cannot be the basis for a permitting decision.
Substantiation could come from substantial evidence of decline in property value.
However, actual evidence of any decline in property values that might result from the
development is conspicuously absent from the record.
In absence of demonstrable property value impacts, there must be evidence that
the development detracts from the neighborhood. Certainly, commenters indicated that
they moved to the King Street neighborhood with the expectation that detached single
family dwellings would define the character of the neighborhood. However, in
discussing neighborhood preservation, the YUACP contemplates prevention of
commercial and industrial encroachment. Duplexes and similar structures, such as
common wall developments are considered in the YUACP to be appropriate low density
residential uses.
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HEDGEWOOD MASTER APPLICATION
Disrepair of dwelling units or nuisance conditions are matters of legitimate
concern in neighborhood preservation. However, no evidence has been presented that the
proposed development would either increase or decrease the likelihood of disrepair. In
addition, repair obligations can be addressed by covenants and by landlord rules for rental
properties. Neither common wall development nor duplexes necessarily leads to
disrepair in any event, and detached single family residences are subject to rental use and
related concerns about dwelling unit and landscaping maintenance. Proposed conditions
requiring owner -occupied uses only that were suggested at the hearing are not
substantiated by the facts. Given the policies for affordable housing and mixed residential
development, the burden of showing incompatibility requires some demonstrable
interference with surrounding uses. No such demonstration can be made based on the
record. Accordingly, there is not substantial evidence showing that the proposed uses, as
conditioned, are incompatible with neighboring uses or with the intent and character of
the R-1 District.
c. Lot Coverage Adjustment. Administrative adjustments pursuant to
YMC 15.10.020 are intended to allow for site design flexibility balanced against the
general welfare of the neighborhood and community. The requested ten percent lot
coverage adjustment is intended to allow the development of duplexes on the same scale
as the common wall residences. This is consistent with the coordination of site features
with surrounding uses and reflects flexibility of design that responds to the location of the
lots proposed for duplex development. The increase in lot coverage has only been
objected to in the context that it would facilitate construction of the duplexes. There is no
evidence that the modest increase in lot coverage will compromise the intent of the lot
coverage standard. As discussed above, there is not evidence that the duplexes as
proposed present substantial incompatibility or conflict with the provisions of the
YUACP.
c. Lot 5 disposition. Much public comment was made regarding potential
use of Lot 5 as proposed. No special designation has been made for Lot 5. It is clear that
the applicant intends to pursue options other than single family residential use of the lot.
Any such uses would be governed by the review requirements set out in Title 15 YMC,
HEARING EXAMINER RECOMMENDATION - 11
IIEDGEWOOD MASTER APPLICATION
but at the present time, the jurisdiction of the hearing examiner has not been invoked for
review of such uses. This recommendation will not address prospective uses of Lot 5.
d. Relationship of City Planning Staff to the Applicant. Some
commenters expressed concern about the fact that the planner who processed the master
application was the tenant of property owned by Pete Olson. While it is may be prudent
for persons to be wary of undue influence in decision-making on land use matters, there
is no evidence that the staff analysis was in any way affected by the noted landlord -tenant
relationship. The planners are not cast in a final recommendation or decision making role
in preliminary plat approval or in master application approval in any event. The Hearing
Examiner is charged with making the recommendation to the City Council, based on
written findings and conclusion after public comment, and the fact finding and decision
process is subject to judicial review under the state Land Use Petition Act.
From the foregoing findings, the Hearing Examiner makes the following
CONCLUSIONS
1. Pursuant to Chapter 58.17 RCW, § 14.30.080 & §1.43.100 YMC the
Hearing Examiner is authorized to make a recommendation to the City Council on
Master Applications & Preliminary Plats.
2. The preliminary plat of the Hedgewood subdivision, as conditioned, is
consistent with the goals, objectives and policies of the YUACP, as is consistent with the
public interest.
3. The preliminary plat of Hedgewood subdivision, as conditioned, is
consistent with subdivision design standards and other relevant provisions of the Urban
Area Zoning Ordinance.
4. The preliminary plat of the Hedgewood subdivision, as conditioned,
complies substantially with Title 14 YMC (the subdivision ordinance).
5. The proposed Class (2) common wall residential construction and duplex
uses, as conditioned, are compatible with the intent and character of the R-1 zoning
district and the policies and objectives of the YUACP.
HEARING EXAMINER RECOMMENDATION - 12
HEDGEWOOD MASTER APPLICATION
6. The proposed administrative adjustment of the lot coverage standard the
adjustment and/or reduction is consistent with the purpose of Title 15 YMC, the intent
and purposes of the lot coverage standard, and will promote coordination with the
surrounding land uses within the subdivision.
7. The component applications of the Master Application, taken together,
satisfy the consistency requirements of Chapter 16.06 YMC.
From the preceding findings and conclusions, the Hearing Examiner makes the following
RECOMMENDATION
The 28 -lot Plat of Hedgewood, together with proposed Class (2) uses and administrative
adjustment, designated by City of Yakima File Nos. Pre Plat #3-05, CL(2) #9-05 and
ADM ADJ #8-05, should be APPROVED, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. The developer shall dedicate and develop all needed future street right-of-
way for the extension of Mead Avenue and all other rights-of-way necessary for the
development of the Preliminary Plat of Hedgewood as depicted upon the applicant's site
plan delivered to the City of Yakima on April 29, 2005.
2. An eight -inch sewer main shall be installed in the extension of Mead Ave.
from approximately S. 69th Ave to the intersection of S. 72nd Ave. and in S. 71st Ave. to
the proposed end of HEDGEWOOD COURT in accordance with Chapter 12.03 of the
Yakima Municipal Code.
3. The City of Yakima will install approximately one hundred fifty feet of
sidewalk on the north and south sides of the proposed Mead Ave. in conjunction with an
approximately eleven -foot wide turn lane complete with traffic signal, provided the
developer dedicates the needed property to extend Mead Ave. from approximately S. 69th
Ave. to S.72nd Ave. as specified by the City of Yakima Engineer and completes the
required infrastructure prior to the City of Yakima improving this intersection.
4. An 8 -foot wide public utility easement shall be required showing the
location of all existing and proposed sewer stubs.
5. The applicant shall obtain a grading permit from the City of Yakima
Building Codes Division prior to any construction or site preparation on site.
HEARING EXAMINER RECOMMENDATION - 13
HEDGEWOOD MASTER APPLICATION
6. Erosion control measures shall be installed and in place prior to clearing,
grading, or construction in accordance with the Department of Washington State
Department of Ecology's Erosion Sediment Control Plan regulations
7. A Dust Control Plan shall be submitted to, and approved by, the Yakima
Regional Clean Air Authority prior to any phase of work.
8. All irrigation lines and easements shall be shown on the face of the plat.
9. All lots shall be served with public water from the Nob Hill Water
Company. No individual domestic or irrigation wells shall be permitted for any of the
lots. Prior to final plat approval, written verification from Nob Hill Water must be
submitted to the Planning Department indicating that all construction providing each lot
with domestic water has been completed and fees paid.
10. All public and private utilities shall be located underground, with the
exception of telephone boxes and such similar structures.
11. All public and private utilities to be located within public road rights-of-
way must be constructed prior to the start of road construction.
12. The final plat shall substantially conform to the preliminary plat, except as
modified by the City Council. The preliminary plat shall include designation of Lots 1
through 4, Lots 8 through 23, and Lots 25 through 28 as common wall single family
residence lots.
13. All addresses shall be as specified by the City of Yakima Building Codes
Division. All addresses must be clearly shown on the face of the final plat.
14. The developer shall obtain street name and address assignments from the
City of Yakima Building Codes Divisions based on preliminary plat approval.
15. The lots shall be subject to the following notes, which must be placed on
the face of the plat:
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.
16. The developer shall declare a covenant that is binding on the owners of the
dwelling units constructed on the property and enforceable by the City of Yakima and
other lot owners within the subdivision, and that requires the owners of the dwelling units
HEARING EXAMINER RECOMMENDATION - 14
I EDGEWOOD MASTER APPLICATION
to maintain the dwelling units, accessory structures and landscaping in good repair and
free of litter and debris in order to assure the preservation of the character of the
neighborhood.
17. A six-foot view -obscuring cedar or similarly constructed fence will be
constructed to separate subdivision from the back yards of the surrounding existing
residences on the subdivision's east and south boundaries.
DATED THIS 22ND DAY OF SEPTEMBER, 2005
PATRICK D. SPURGIN
BEARING EXAMINER PRO TEMPORE
HEARING EXAMINER RECOMMENDATION - 15
HEDGEWOOD MASTER APPLICATION
gralg
00344
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VIZ~;
CEN. SEC. 29.
T-13 N, R-18 EAU
Y.C.P,W. CASED MON.
SEE LCR 1 M-1130
(NOT VISITED)
.I
L0. LOTI
EXISTING
1 RIGHT OF WAY'
e
Q•
• P. S.
EASDIENT
- - 172'
PROPOSED PLAT
OF
HEDGEWOOD
LOT 2
5
34,662 8P
WILLOW 14XISSIC
LOTS LOT4
SI89'34'10' E 1656,19'
n
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EASEMENT N
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LOTS
60'
LOTI
6103 8P
it
$ 3
8975 88
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74' ( a
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0 8I
EXISTING 20' PU9UC
SEWAGE FASO/ENT
MED (.3063 AUDITOR'S
FILE NO. 7253473
a
6' P. S.
EASEMENTMel
6
8219 8P
10'P.S
$ 25 • 26
8000 811 .SOpp SP
8281
8008 911
1
988.41'I
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SE CCR. SEC. 29,
NE CCR SEC. 32,
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BRASS CAP
SEE LCR 2 M-647
4 (NOT VISITED)
' S 89'39'25' E 240.06'
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NOTES
1, LOTS 6, 7 AND 24 ARE SINGLE FAMILY LOTS.
2. LOTS 6, 7 AND 24 ARE LARGE ENOUGH FOR DUPLEXES,
ALL OTHER LOTS ARE ZERO LOT UNE LOTS,
3. EXISTING HOUSE ON PROPERTY WLL EITHER BE REMOVED FROM
SITE OR MOVED TO PROPOSED LOT 8, 7 OR 24.
4. STORM WATER DRAINAGE CREATED BY NEW IMPERVIOUS
SURFACES 91LL BE RETAINED ON SITE
5. SOUTH 72ND AVENUE IS 50' M1DE, FACE TO FACE, CONCRETE
CURB AND GUTTER ASPHALT STREET 11114 SIDEWALKS ON BOTH
SIDES. MEAD AVENUE IS 36' WIDE, FACE TO FACE, CONCRETE
CURB AND GUTTER ASPHALT STREET WITH NO SIDEWALKS.
6. SANITARY SEWER IS PROVIDED BY 8' CITY OF YAKIMA SEWER
MAINS,
X14 15 67' c116 $`17
8980 6P sum SP 18000 1re
8000'»
92.5' 182.5' 6 ' /
IS 89'39'25 E 6$46' i1
/ Q.
J 81,811110 ISTAY
I
NOTES (CONTINUED)
7. DOLIESTIC WATER 15 PROVIDED BY 8" NOB HILL WATER MAINS.
tor P. S. ` I0' P S
65(7 T EASEMENT
$ .18 $ 19`$
8000 8P 846
82.5' 7"70'
a
m CONNECT TO EXISTING SEWER.
CONNECT TO EXISTING WATER.
OWNER
FRANK BAEHM
1419 S. 72 ND AVENUE
YAKIMA, WA. 98908
DEVELOPER
PETE OLSON
P.O. BOX 8021
YAKIMA, WA 98908
4
2
9
1
SURVEYOR/ENGINEER
RICK WEHR
PLSA ENGINEERING AND SURVEYING
1120 W. UNCOLN AVENUE
LEGAL DESCRPTIONS
PARCEL A
THE NORTH HALF OF THE NORTHWEST QUARTER, NORTHWEST
QUARTER, NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 13
NORTH, RANGE 18 EAST, W.N. AND THE SOUTH 124.62 FEET
OF THE SOUTHWEST QUARTER, SOUTHWEST QUARTER,
SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH,
RANGE 18 EAST, W,M.
EXCEPT THE SOUTH 145 FEET OF THE WEST 240 FEET
THEREOF.
MW EXCEPT THAT PORTION DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST
QUARTER, SOUTHWEST QUARTER. SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.;
THENCE NORTH 1'03'20' WEST ALONG THE WEST LINE THEREOF,
124.62 FEET; THENCE SOUTH 89'34'10" EAST, PARALLEL W61H
THE SOUTH UNE OF SAID SUBDIVISION. 40.01 FEET, TO TIE
EAST UNE OF THAT PORTION CONVEYED TO YAKIMA COUNTY
FOR ROAD RIGHT OF WAY BY AUDITOR'S FILE NO.'S 1315320 AND
3038876, AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 89'34'10' EAST, 360.00 FEET, THENCE
SOUTH 1'03'20' EAST, 99.61 FEET, TO A POINT SITUATE 25.00
FEET NORTH OF THE SOUTH UNE OF SAID SUBDIVISION;
THENCE NORTH 89'34'10' WEST, PARALLEL TO SAID SOUTH
UNE, 159.29 FEET; THENCE NORTH 0'25'50" EAST, 5.00 FEET;
THENCE NORTH 89'34'10" WEST 170.84 FEET; THENCE NORTH
4518'45' WEST, 42.97 FEET; TO A POINT SITUATE 40,00 FEET
EAST OF THE WEST UNE OF SAID SUBDIVISION; THENCE NORTH
1'03'20" 5057, 226.37 FEET TO THE TRUE POINT OF BEGINNING
AND EXCEPT PORTION CONVEYED TO YAKIMA COUNTY FOR
ROAD RIGHT OF WAY 8Y AUDITOR'S FILE NO.'S 1315320,
3038876 AND 3036877.
PARCEL B
THAT PORTION OF THE SOUTH 124.62 FEET OF THE SOUTHWEST
QUARTER, SOUTHWEST QUARTER, SOUIHEAST,QUARTER OF
SECT1 29, TOWNSHIP 13 NORTH, RANGE 18 EAST, ,W.M.
D AS FOLLOWS
BEGIN'11��IWNG. AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENC8,PQRTH 1'03'20' WEST, ALONG.JHE MST UNE, 'THEREOF,
124:82 . THENCE SOUTH 89'34'10' EAST, PARALLEL WITH
THE,' TH UNE OF SAID SUBDIVISION, 40.01 FEET, TO THE
EAST' NE CP THAT. PORTION CONVEYED TO YAKIMA COUNTY
FOR' RhAO RIGHT OF.WAY BY AUDITOR'S -FILE 140. 1315320 AND
AND: THE TRUE POINT TO BEGINNING; THENCE
OMR 'SOUTH 89'34'10" EAST 360.00 FEET, THENCE
SOU 20' EAST, 99.61 FEET, TO A POINT SITUATE 25.00
FEET TH OF THE SOUTH UNE OF SAID SUBDIVISION;
THEN NORTH 99'34'10' WEST, PARALLEL TO SND SOUTH
LME, " 9,29 FEET; THENCE NORTH 0'25'50' EAST, 5.00 FEET;
THENCE NORTH 89'34'10' WEST, 170.84 FEET; THENCE NORTH
4518145' WEST, 42.97 FEET; TO A POINT SITUATE 40.00 FEET
EAST OF THE WEST UNE OF SAID SUBDIVISION; THENCE NORTH
1'03'20" WEST, 226.37 FEET TO THE TRUE POINT OF BEGINNING.
as
120
RECEIVED
APR 2 9 2005
COY_CIF YAKMIA
rums Dry.
160 FEET
SCALE : 1' - 60'
a
S
PLSA
ENG84EERING-SURVEYING-PLANNING
YAKIMA, WASHINGTON
15091 575-6990
PRELIMINARY PLAT
PARCEL 10.'0 181329 - 43011 5 1813.32•- 12003
-PREPARED FOR -
DRAWN ar JOE
DATE: 3/18/2005
Joe No. 05047
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For Meeting of September 19, 2006
ITEM TITLE: Public Meeting to consider the final plat of Hedgewood submitted by Pete Olson.
SUBMITTED B illiam R. Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner, 575-6163
SUMMARY EXPLANATION:
The Plat of Hedgewood is a 28 -lot subdivision located at 1419 S. 72nd Ave. In open Council session on
November 1, 2005 the Hearing Examiner's recommendation to approve this preliminary plat was accepted
and preliminary plat approval was granted subject to conditions.
The City Engineer's office has inspected the plat, as well as, all completed improvements and has accepted
a financial security for all improvements outstanding left on this plat. The City Engineer has also signed the
plat in affirmation of this fact. The Planning Division has likewise reviewed the final plat and finds it also
to be in substantial conformance with the terms and conditions of the preliminary plat decision.
YMC 14.20.210 sets forth the following process for final plat approval:
A. Upon receipt of a proposed final plat, the City Council shall at its next public meeting set a date for
consideration of the final plat. Notice of the date, time, and location of the public meeting shall be given to
the subdivision applicant, Surveyor, City Engineer, Office of Environmental Planning, and the Yakima
County Health Officer at least four days prior to the date of the public meeting.
B. The City Council shall review the final plat during the public meeting and shall approve the final plat if
the Council determines that the final plat conforms to the conditions of preliminary plat approval and
applicable state laws and meets the requirements of this title as they existed when the preliminary plat was
approved.
C. Upon approving any final plat, the City Council shall authorize the Mayor to sign the final plat as
evidence of City Council approval. (Ord. 98-65 § 2 (part), 1998).
Resolution X Ordinance_ Contract Other (Specify) StaffReport, Hearing
Examiners Decision, Final Plat Diagram
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Hedgewood.
BOARD RECOMMENDATION:
September 22, 2005
COUNCIL ACTION:
Adopt resolution authorizing the Mayor to sign the final plat of
The Hearing Examiner recommended preliminary plat approval on