HomeMy WebLinkAboutR-2006-132 Cottonwood Grove Phase 4 Final Plat ApprovalRESOLUTION NO. R-2006- 132
A RESOLUTION approving the final plat of Phase 4 of Cottonwood Grove, a 228 -lot
subdivision in five phases, and authorizing the Mayor to sign the final
plat.
WHEREAS, on May 26, 2005 the Hearing Examiner held a public hearing to consider
the application for a 228 -lot subdivision known as Cottonwood Grove Phases 3 through 7,
submitted by Cottonwood Partners, (City of Yakima Preliminary Plat #3-04); and
WHEREAS, on June 10, 2005 the Hearing Examiner issued his Recommendation for
approval of the proposed plat subject to several conditions; and
WHEREAS, at its public meeting on July 19, 2005 the City Council determined by
motion that the Recommendation of the Hearing Examiner should be affirmed and adopted;
and
WHEREAS, the City Engineer has approved and accepted all plans and designs for the
improvements required in the conditions of approval of the preliminary plat for Phase 4 and the
applicant has constructed or financially secured all such improvements; and
WHEREAS, as this final plat comes before Council for review each member declares
that he has had no contact with either the applicant or opponents of the final plat, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Phase 4 of Cottonwood Grove, consisting of three sheets
depicting one phase of a five -phase subdivision located south of Tieton Drive and accessed by
South 87th Avenue, is hereby approved and the mayor is hereby authorized to sign the final
plat. The applicant shall file the final plat for Phase 4 of Cottonwood Grove for record in the
Yakima County Auditor's Office immediately, or as soon thereafter as possible, and the
applicant shall be responsible for all filing fees.
ADOPTED BY THE CITY COUNCIL this 19th
(ic)res/Cottonwood Grove Phase 5
City of Yakima, Washington
Department of Community & Economic Development
Planning Division
Final Plat Staff Report
City Council Public Meeting
September 19, 2006
Final Plat Application
By Cottonwood Partners, LLC
For Phase 4 of the Plat of
Cottonwood Grove, a 228 -Lot
Subdivision in Five Phases
Long Plat #3-04, RZ #6-04,
CL (2) #27-04, EC#25-04
Staff Contact: Bruce Benson,
Supervising Planner
575-6042
BACKGROUND AND SUMMARY OF REQUEST
Cottonwood Grove is a preliminarily approved long plat calling for the subdivision of
approximately 63.5 acres of R-2 and R-1 zoned property into 228 new lots. On July 19, 2005 the
Council accepted the Hearing Examiner's recommendation to grant preliminary approval to this
long plat. At this time only Phase 4 of this long plat is under consideration
The City Engineer's office has reviewed and approved all necessary designs and engineering and
indicates that the required improvements are installed and inspected or that the required financial
security is in place to secure their installation. The acting City Engineer has signed the plat in
affirmation of this fact. The Planning Division has similarly reviewed the final plat and finds it to
be in substantial conformance with the terms and conditions of the preliminary plat approval.
Staff, therefore, recommends acceptance of the final plat and the adoption of the resolution that
authorizes the Mayor to sign the final plat.
CONDITIONS OF APPROVAL
The approved preliminary plat required the applicant to complete all site improvements listed as
conditions in the Hearing Examiner's Recommendation of July 10, 2005 (see attached). The
conditions that must be met before the final plat can be approved consist of the following matters:
1. Prior to final plat approval the interior streets shall be engineered, constructed and
approved according to the standards and requirements of the City Engineer and YMC
Title 12.
Status: Engineering has been completed in accordance with the requirements of Title 12.
Road construction has been completed and curbs, gutters and sidewalks on both sides of
the roadway have been financially secured. The acting City Engineer has signed the plat
in affirmation of this fact.
2. All lots shall be served with public water from the Nob Hill Water Company. No
individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final
plat approval, written verification from Nob Hill Water must be submitted to the Building
1
Codes and Planning Division indicating that all construction required to provide each lot
with domestic water has been completed and the fees paid.
Status: This requirement has been satisfied and written verification received from Nob
Hill Water Company.
3. All lots shall be provided with public sewer service according to YMC Title 12 standards.
No individual septic systems or other sewage disposal methods will be allowed. Prior to
final plat approval written verification from the City of Yakima Engineering Department
must be provided to the Building Codes and Planning Division indicating that all sewer
extensions have been completed or financially secured.
Status: Public sewer for Phase 4 has been completed in accordance with the
requirements of Title 12. The acting City Engineer has signed the plat is affirmation of
this fact.
4. A minimum 8 -foot -wide public utility easement must be provided adjacent to all public
road rights-of-way.
Status: This requirement has been satisfied on the face of the final plat.
5. The width of all easements for buried utilities must be at least twice the depth of the
planned excavation, and all easements for new and/or future utilities shall be 16 feet in
width or as otherwise specified by the utility provider.
Status: This requirement has been satisfied.
6. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
Status: This requirement has been satisfied.
7. All public and private utilities to be located within public road rights-of-way must be
constructed prior to the start of road construction.
Status: This requirement has been satisfied.
8. Fire hydrants shall be placed at the locations specified by the Building Codes and Planning
Division and Yakima Fire Department. All lots must be provided with adequate fire flow.
Status: This requirement will be satisfied and verified.
9. Irrigation easements, if any are required, shall be provided as specified by the Yakima
Valley Canal Company.
Status: This requirement has been satisfied. The Yakima Valley Canal Company did
request that the irrigation lines be installed by the developer prior to plat development;
2
however, this is not a requirement of the plat decision or a request that is enforceable by
the City of Yakima.
10. After making provision for the interconnection of the road network within this plat and the
neighboring Plat of Meadowview, the final plat shall substantially conform to the
preliminary plat, but shall incorporate the requirements of the MDNS and any
modifications of the preliminary plat required by the City Council.
Status: This provision has been made and the recording of this plat will satisfy this
requirement. To accommodate this interconnection the easterly lots of Phases 3 & 4
have been reconfigured from their original design.
11. All permits required by the Yakima Regional Clean Air Authority shall be obtained. The
developer shall designate a responsible party to serve as a contact person during working
hours for suspected air quality violations.
Status: This requirement has been satisfied.
12. The developer shall contact the State Department of Ecology to determine if a baseline
general permit for stormwater discharges will be necessary for this development.
Application shall be made at least 30 days prior to the start of construction.
Status: This requirement has been satisfied.
13. A final binding stormwater and drainage control plan for the entire property, including the
installation of flood control measures, shall be submitted and approved prior to
construction of improvements for any area of the development.
Status: This requirement has been satisfied.
14. Critical areas setbacks for Shaw Creek must be observed.
Status: Phase 4 is not contiguous with Shaw Creek.
15. A grading plan and permit for the entire property is required prior to construction of
improvements for any area of the development.
Status: This requirement has been satisfied.
16. Erosion control methods such as temporary ponding, silt fencing, etc. must be in place
prior to clearing, grading or construction.
Status: This requirement has been satisfied.
17. All addresses shall be as specified by the Building Codes Division and all addresses must
be clearly shown on the face of the final plat.
3
Status: All addresses are shown on the final plat.
18. Two points of emergency ingress/egress must be provided prior to the construction of
more than 30 residential units in any portion of the area within phases 3 to 7 of the plat.
Status: This requirement has been satisfied and verified. A second road for
ingress/egress was constructed from the south line of this subdivision to Wide Hollow
Road.
19. This plat shall be subject to the following notes, which must be placed on the face of the
plat:
The addresses shown on this plat are accurate as of the date of recording, but may
be subject to change. The City of Yakima Building Codes and Planning Division is
responsible for the confirmation or reassignment of addresses at the time of building
permit issuance.
The owners shown hereon, their grantees and assignees in interest hereby covenant
and agree to retain all surface water generated within the plat on-site.
Status: The final plat includes the required notations.
20. The applicant must comply with all of the requirements of the Mitigated Declaration of
Nonsignificance
Status: This requirement has been satisfied for Phase 4.
21. The applicant shall grant an easement that will enable the prospective purchasers of Tract
A (the Seamans and the Radkes) to be able to extend the public sewer line at those
purchasers' expense to the south boundary of that tract between whichever of the
applicant's two lots will be closest to the line that will divide the ownership of that tract
between the respective purchasers.
Status: This easement does not affect Phase 4.
FINDINGS
1. The final plat is consistent with the goals, objectives and intent of the Urban Area
Comprehensive Plan and the standards of the Urban Area Zoning Ordinance.
2. The final plat meets the standards of the City of Yakima Subdivision Ordinance.
3. The final plat is in general conformance with the preliminary plat and conditions of approval.
4. The applicant has built or financially secured the construction of the required improvements
necessary for final plat approval.
4
RECOMMENDATION
The City of Yakima Division of Environmental Planning recommends Council acceptance of the
final plat for Phase 4 of Cottonwood Grove and the passage of the resolution that authorizes the
Mayor to sign the final plat.
5
CITY OF YAKEMA, WASHINGTON
HEARING E E R'S RECOMMENDATIONS
June 10, 2005
In the Matter of a Preliminary Plat, Rezone
And Class (2) Applications Submitted by:
Cottonwood Partners, LLC
For a 228 -Lot Subdivision of 63.5 Acres
In Five Phases with a Rezone, Class (2)
Review & SEPA Review to be known as
Phases 3 to 7, Plat of Cottonwood Grove
RECEIVED
JUN 1 0 2Do5
.� i r OF YAKIMA
PLANNING DIV,
LONG PLAT #3-04; RZ #6-04;
CL (2) #27-04; & EC #25-04
Introduction. The Hearing Examiner conducted a public hearing on May 26, 2005 and
has issued this decision within 10 business days. The staff report presented by
Supervising Planner Bruce Benson recommended approval of the preliminary plat for
phases 3 to 7 of Cottonwood Grove; recommended approval of a rezone of about half the
area in the plat from R-1 to R-2 zoning to allow for the construction of duplexes as a
Class (1) permitted use in phases 5, 6 and 7 of the proposed plat; and recommended
approval of a Class (2) common wall residential use for 36 of the lots in phases 3 and 4
which are within the R-1 zoning district, all subject to conditions. The applicant's
planning consultant, Mr. Bill Hordan of Hordan Planning Services, provided information,
answered questions, suggested that the utility easement requirement be a width of 16 feet
or as otherwise specified by the utility, and requested that the period of preliminary plat
approval be longer than the three years currently specified by City ordinance if the City's
ordinance is amended in the future to conform to the five-year period specified by State
law. The applicant's representative, Mr. Richard Hochrein, testified about historic flood
Cottonwood Partners, LLC; What the Hay, LLC 1
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
flows in the area, pedestrian and vehicular traffic alternatives and the reason for the
respective locations of different types of housing in the proposed phases of the plat. Mr.
James Adams of Wagner, Luloff & Adams submitted a letter on behalf of his clients Matt
and Linda Seaman requesting that provision be made to extend the sewer line to the south
line of Tract A which is shown as the most northerly tract on the preliminary plat and
which is ultimately being conveyed to them and others. The State Department of Fish
and Wildlife submitted written comments and pictures to the effect that the diversion of
Shaw Creek from its historic location some years ago by unknown parties beginning in
the vicinity of 96th Avenue should be corrected. The letter did not indicate that any
public funding was available for such a project and did not convince the applicant or the
Planning Division that the cause -effect nexus and proportionality analysis l ,
allow
placing that off-site improvement burden upon applicant who not the
this 4yy11VauL wiil., did create
problem. Mr. Hordan indicated that the applicant would be willing to grant an easement
so that the prospective purchasers of Tract A could extend the public sewer line to the
area nearest to the line that will divide Tract A between the respective purchasers, but
agreed with Mr. Benson that the burden of extensive off-site improvements needed to
rechannel Shaw Creek �t7,,,,1a ...... fairly t _ -,
should not fairly be placed upon this applicant. These
recommendations to the City Council will be based in large part upon Mr. Hordan's
narrative description of the proposal and Mr. Benson's staff report. It is necessary to
address the criteria for consideration of rezones, of Class (2) uses and of preliminary plats
in order to provide these recomrnendations.
Summary of Recommendations. The Hearing Examiner recommends approval of
this preliminary plat, approval of the rezone of phases 5 to 7 from R-1 to R-2 and
approval of the Class (2) common wall residential use on some of the lots in phases 3 and
4, subject to conditions.
Cottonwood Partners, LLC; What the Hay, LLC 2
Vicinity of 8900 Block of Midvale Road DOC.
228 -Lot Plat of "Cottonwood Grove" INDEX
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
Basis for Decision. Based on a view of the site with no one else present on May 25,
2005; the staff report, exhibits, testimony and other evidence presented at the open record
public hearing on May 26, 2005; and a consideration of the applicable subdivision
requirements, zoning requirements, comprehensive plan provisions, development
standards and consistency criteria; the Hearing Examiner makes the following:
FINDINGS
Applicant/Property Owner. The applicant is Cottonwood Partners, LLC, P.O. Box
8353, Yakima, Washington 98908, and the property owner is What the Hay, LLC, P.O.
Box 8310, Yakima, Washington 98908.
Location. The proposed preliminary plat is located in the vicinity of the 8900 Block of
Midvale Avenue in the City of Yakima to the south and west of the first two phases of the
Plat of Cottonwood Grove; parcel nos. 181330-13003, 21005, 24005, 24004 and 24006.
Application. This proposed preliminary plat would divide about 63.5 acres into 228
lots and 2 tracts; would include a rezone of about 32 acres comprising phases 5, 6 and 7
of the proposed plat from Single Family Residential (R-1) to Two -Family Residential (R-
2) which would thereafter allow duplexes as a Class (1) use; and would allow the Class
(2) use of attached single family (common wall) residences on 10 lots within the R-1
zoning district in Phase 3 (Lots 301 through 310) and on 26 lots within the R-1 zoning
district in Phase 4 (Lots 401 through 408 and Lots 444 through 461) for a total of 36 such
lots in the portion of the preliminary plat that is zoned R-1. The plat is within the City of
Yakima and would include full urban services such as water, sewer and public streets
with curbs, gutters and sidewalks on both sides and streetlights. As submitted this
Cottonwood Partners, LLC; What the Hay, LLC 3
Vicinity of 8900 Block of Midvale Road DOC.
228 -Lot Plat of "Cottonwood Grove" INDEX
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04 # AA—/
preliminary plat indicates that development may occur in five separate phases over an
undetermined period of time. The City's current subdivision ordinance allows the
applicant three years from the date of preliminary approval to submit the final plat. Under
Section 14.20.150 of the subdivision ordinance, the applicant may request one extension
of that period for a maximum period of one year. Before any phase(s) can be recorded all
required infrastructure must be completed and inspected or otherwise financially secured.
The Planning Division indicated that it does not object to a five-year period being
allowed to submit the final plat as is allowed by State law in RCLvW 58.17.140. In view of
the presumption that the ordinance is valid even though it differs from State law, the
Hearing Examiner will recommend that longer than three years for submission of this
final plat be allowed if, and only if._the City Council amends its nrd;., i ce to so provide
prior to expiration of the three-year period or prior to expiration the extension
- + i---- �• r+--avu of
presently allowed by the ordinance.
Notices. The evidence presented at the hearing indicated that all notices were provided
in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima
Municipal Code (YMr) rela*hng to subdivision, zoning and development regulations.
They include the following:
Mailing of Notice of Application & Preliminary MDNS
Mailing of Notice of Final MDNS
Publication of Notice of Fiinal MDNS
Posting of Land Use Action Sign on the Property
Mailing of Notice of Public Hearing
Publication of Notice of Public Hearing
December 28, 2004
April 8, 2005
April 8, 2005
April 8, 2005
May 6, 2005
May 6, 2005
Environmental Review. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance (MDNS) on March 28, 2005 pursuant to WAC 197-
11-340(2). Mitigation measures were required as follows:
Cottonwood Partners, LLC; What the Hay, LLC 4
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
• Two points of ingress/egress are required prior to the construction of more than 30
residential units within the bounds of the area of phases 3 to 7 of the plat.
Additionally, provision must be made for a street connecting this plat with the
adjoining plat of Meadowview.
• Dust control plans must be submitted to, and approved by, the Yakima Regional
Clean Air Authority before any grading or construction.
• A final binding stormwater and drainage control plan for the entire property must
be submitted and approved prior to construction of improvements for any area of
the development.
• Flood control measures must be installed.
• Critical areas setbacks and protections for Shaw Creek are required.
• A grading plan and a permit are required for the entire property prior to
construction of improvements for any area of the development.
The Department of Fish and Wildlife submitted a letter dated January 12, 2005 which
recommended either the re -filing of SEPA to better reflect the actual environmental
conditions or the issuance of a DS (Declaration of Significance) by the lead agency
because of the benefits that would result from relocating Shaw Creek to its original
channel. The Department also submitted a letter of April 21, 2005 with a compact disk
containing text and pictures supporting its position. The evidence indicated that Shaw
Creek has flooded over its banks in the past. However, it is not located on a FEMA
mapped floodplain. Mr. Benson's staff report aptly summarized the problems of
imposing this requirement upon this applicant as follows:
"Several years ago Yakima County reviewed and approved the first two
phases of Cottonwood Grove. It was during this earlier review that the
Cottonwood Partners, LLC; What the Hay, LLC 5
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
#
Department of Fish & Wildlife (WDFW) first raised the degradation and
occasional flooding of Shaw Creek as an issue with the County planning staff.
WDFW asked that the developer be required to correct the problems of Shaw
Creek before proceeding with development. The . County required extensive
investigation into the steps necessary to mitigate the area wide problems of Shaw
aw
Creek and determined that to accede to WDFW's request would require extensive
offsite mitigation from the developer.
The County's review for Phases 1 and 2 was very thorough, especially with
regard to the Shaw Creek issue, and apart from the fact that the channelization and
flooding mitigations for Phases 1 and 2 do not specifically mention the future
development of Phases 3 through 7, the application of but a slightly altered set of
conditions will provide the same level of protection that currently prevails for the
existing 99 lots of Cottonwood Grove.
The concerns expressed by WDFW are certainly not without foundation,
but by their own statements the problems they hove to solve originate i'nrther• to
the west and outside of both the City's jurisdiction and the de,.velopvr'v holdings.
At this point WDFW has made it clear in their correspondence what they want to
happen; yet they L.._. failed
7
hey have tailed to provide the City or the developers with any
citation(s) or regulation(s) that must be followed. Should this be possible, it is still
not too late for them to cite their regulations and authority, but absent this there is
the issue, which is perhaps not fully appreciated by WDFW, of offsite mitigations
and takings. Before the City of Yakima could require this developer to stop
development until Shaw Creek's problems are eliminated the City must first find
that there exists both a nexus between the developer's property and WDFW's
desired solution and further that their solution is propo tional to this project's
impacts. Given the information available, the City cannot make that finding and
consequently the burden of correction cannot be required from this developer who
is impacted by an area wide situation arising outside of his area of ownership and
control. This developer therefore does not have a responsibility to provide offsite
stream relocation, but does have the right to protect his property by passing offsite
floodwater through his development.
As stated earlier, to reverse the degradation of Shaw Creek by returning it
to a more natural course and in so doing reduce or possibly eliminate the
probability of occasional flooding in this general area is a desirable goal, but any
legal, viable solution will require the coordinated actions of area landowners and
the responsible government agencies."
Cottonwood Partners, LLC; What the Hay, LLC 6
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
.
INDEX
Since that letter was submitted, the MDNS which required mitigation measures for
Shaw Creek similar to those imposed by Yakima County in 2001 for phases 1 and 2,
without requiring the relocation of Shaw Creek, became final without any appeal being
taken. The final MDNS mitigation measures include an unobstructed 30 -foot -wide flood
control channel in the vicinity of the historic flood flow paths generally along the north
line of phase 5 of the plat and an easement for that channel to be shown on the
preliminary plat unless and until such time that an alternate flow path is established
outside the plat in the future. The MDNS requires an unobstructed critical areas building
setback, vegetative buffer and easement for Shaw Creek that is either 50 feet wide on
each side or is at least 25 feet wide on the northerly side and at least 75 feet wide on the
southerly side where the land around the creek slopes to the south. The MDNS also
requires the channel and buffer area of the creek to be restored and revegetated to a more
natural form in the manner that was required for phases 1 and 2 of the plat and a note to
be placed on the plat to advise purchasers of the affected lots that there are creek buffer
restrictions upon those lots. In addition, the MDNS requires a grading plan that must
include the proposed flood protection measures and the proposed modifications to Shaw
Creek. The Department of Ecology's suggestions by letter of January 13, 2005 were
partially incorporated into the MDNS by way of the buffer requirements on Shaw Creek.
The suggestion in the Yakima County Public Services Department's letter of January 20,
2005 was incorporated into the MDNS by requiring a street connection to the
Meadowview plat. The Department of Transportation's letter of January 7, 2005
indicated that it had no comment because no WSDOT-maintained roads are in the
vicinity. No other agency comments were received. No public comments were received.
Zoning and Land Use of Site and Adjacent Properties. The area within the
proposed phases 3 to 7 of the preliminary plat is zoned Single Family Residential (R-1)
Cottonwood Partners, LLC; What the Hay, LLC 7
Vicinity of 8900 Block of Midvale Road DOC.
228 -Lot Plat of "Cottonwood Grove" INDEX
PRE LONG PLAT #3-04; RZ 6-04; J —I
CL (2) #27-04; EC 25-04
and is presently vacant land. The properties which are adjacent to said proposed phases 3
to 7 of the plat of Cottonwood Grove have the following zoning and land use
characteristics:
Direction Zonin
Land Use
North R-1 Residential
South R-1 Agriculture
East R-1 Residential
West R-1 School
Jurisdiction. Section 14.20.100 of the City's subdivision ordinance provides that the
Hearing Exarniner shall hold public hearing and submit
--v-- _- ••4».. a a recommendation to the City
Council relative to the subdivision criteria listed in that section and in RCW 58.17.
Section 15.23.030 of the City's zoning ordinance provides that the Hearing ExRminer
shall hold a public hearing and submit a recommendation to the City Council relative to
the rezone criteria listed in Subsection 15.23.030(E). Subsection 15.14.040(3)(e) of the
City's zoning ordinance provides that applications for Class (2) uses may be referred to
the Hearing Examiner for review, public comment and decision, the decision in this case
being a recommendation to the City Council where it is part of a master application under
Section 15.11.110 of the zoning ordinance. Section 1.43.080 of the YMC further
delineates the jurisdiction of the Hearing Examiner in these matters. Since in this
situation the recommendations regarding the rezone and the Class (2) use request will
have a bearing upon the preliminary plat considerations and recommendation, the rezone
criteria and Class (2) use criteria will be considered before the preliminary plat criteria.
Rezone Review Criteria, Recommendations regarding rezone applications within the
Yakima Urban Area must be based upon the following criteria specified in Section
15.23.030 of the Urban Area Zoning Ordinance (UAZO):
Cottonwood Partners, LLC; What the Hay, LLC 8
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04
1) The testimony at the public hearing: The testimony at the hearing consisted
of testimony by Supervising Planner Bruce Benson and the applicant's representatives
Richard Hochrein and Bill Hordan who all favored approval of the rezone request. No
one at the hearing testified in opposition to any of the applicant's requests.
2) The suitability of the property for uses permitted under the proposed
zoning: The property is well-suited for R-2 uses such as duplexes and densities up to 12
dwelling units per net residential acre. Common wall residential units already exist on
some of the lots in the first two phases of the Plat of Cottonwood Grove to the north and
east of the proposed phases. The Board of County Commissioners approved those
common wall residences by Resolution 227-2001 in May of 2001 pursuant the Hearing
Examiner's recommendation to that effect. Duplexes, triplexes and multi -family units
currently exist in areas to the east of the Plat of Cottonwood Grove. Since the change in
the comprehensive plan designation for this plat from Low Density Residential to
Moderate Density Residential, a new shopping center has been located at Tieton Drive
and 72nd Avenue, and Tieton Drive has been widened from two lanes to four lanes with a
left -turn pocket to serve this property and its anticipated development.
3) Recommendations from interested agencies and departments: As
previously noted, the Department of Fish and Wildlife recommended that approval be
conditioned upon relocating the Shaw Creek channel to its original location which would
require off-site improvements west of the proposed preliminary plat to remedy a situation
that was not caused by the proposed development on this property. All of the evidence
provided at the hearing was to the effect that the necessary off-site improvements for
such an undertaking were not the responsibility of the applicant under the nexus and
proportionality parameters established by applicable court decisions and that no known
public funding sources have been procured for such an undertaking. Additionally, as
previously noted, the Department of Ecology's suggestions were partially incorporated
into the MDNS by way of the buffer requirements for Shaw Creek. The suggestion of
Cottonwood Partners, LLC; What the Hay, LLC 9
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
#
the Yakima County Public Services Department was incorporated into the MDNS by
requiring a street connection to the Meadowview plat, which was also suggested by the
City's Engineering Division. The Department of Transportation indicated that it had no
comment and no other agency comments were received. The City's Water Division
indicated that Nob Hill Water Company will provide all domestic water for this
subdivision. The Building Codes Division assigned an address for each lot that should be
shown on the face of the plat. No public comments were received.
4) The extent to which the proposed rezone is in compliance with andior
deviates from the goals and policies as adopted in the Yakima Urban Area
Comprehensive Plan and the intent of the Zoning Ordinance:
a) This rezone request complies with the amendnient the c e_si_.e
r �+iw+++iii. to i.iiv vviu�ii viivii3i v v
plan approved in March of 2001 under File NO_ CPA 9-n0 which, changed the design t;o,,
_. _ . __ �-, � � which changed uvJl�unuVu
of the property in proposed phases 3 to 7 from Low Density Residential to Moderate
Density Residential. The Future Land Use Map to Zoning Map Consistency Chart,
Figure III -3, indicates that the Two -Family Residential (R-2) zoning district is considered
compatible with the Moderate Density Residential plan designation. The proposed
rezone would be in compliance with goals, objectives and policies of the comprehensive
plan listed in the General Development, Public Services, Commercial Development,
Land Use, Transportation, Utilities and Capital Facilities elements of the plan.
1
b) The Zoning Ordinance: Subsection 15.03.030(2) of the Yakima Urban
Area Zoning Ordinance states that the purpose of the R-1 zoning distriLC is Co establish
and preserve residential neighborhoods for detached single-family dwellings free from
other uses except those which are compatible with, and serve the residents of, this
district; and also to locate moderate -density residential development, of up to seven
dwelling units per net residential acre, in areas served by public water and sewer.
Subsection 15.03.030(3) of the zoning ordinance states that the purpose of the R-2 zone is
to expand upon the purpose of the R-1 zone by permitting duplexes as well as single -
Cottonwood Partners, LLC; What the Hay, LLC 10
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
family residences at densities of up to twelve dwelling units per net residential acre. The
proposed rezone of some of the property to R-2 would trigger the applicability of specific
standards for that zoning district by way of minimum lot size, maximum lot coverage,
minimum building setbacks, requisite parking, maximum building height and requisite
sight screening. The intent of the zoning ordinance would be preserved by the fact that
applicable development standards for the respective R-1 and R-2 zoning districts within
the plat would be satisfied unless adjustments were to be approved following the
prescribed public notice and comment requirements.
5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The property is currently served by all necessary public
facilities and services. Tieton Drive is a minor arterial street that can be accessed from
the internal road network of all seven phases. Additional access will be provided by way
of a connection with Westbrook Road on the east and/or Nob Hill Boulevard on the south
and possibly other streets in the future. The property can be served with all other
infrastructure such as domestic water, sanitary sewer, natural gas, electricity, telephone,
cable TV and any other needed utilities.
6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: This proposal is a continuation of the first two phases of the Plat
of Cottonwood Grove. They contain a mixture of single-family residences and common
wall attached residences which are compatible with the same uses proposed for phases 3
to 7. The general area also contains a mixture of housing types and styles which are also
compatible with the proposed uses. In addition, the proposal abuts extensive buffering
along Shaw Creek on the north and the first two phases of Cottonwood Grove. There are
outdoor playfields for Cottonwood Elementary School on the west that serve as a large
buffer from the school. The proposal abuts parcels on the south that are either owned by
the applicant or are large vacant parcels. These properties are outside the Yakima Urban
area, but are within Yakima County's Urban Reserve Area where future urban growth is
Cottonwood Partners, LLC; What the Hay, LLC 11
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
expected. Adjoining phases 3 and 4 abut large parcels on the east that contain single-
family residences on large acreages. Besides the buffeting provided by the distance
between uses to the east, lots along the east side of the plat have been made large, 10,000
square feet, to promote compatibility with the uses to the east as well.
7) The public need for the proposed change: The evidence submitted at the
hearing established the need for additional R-2 zoning in West Valley to provide
affordable housing and rental housing in the vicinity of shopping centers east of the
proposed plat. Most of the R-2 zoning in the area is either built -out or lacking sewer
lines for sewer service.
Class (2) Use Criteria. Section 15.11.1 1 n of
(UAZO) provides that where; as 11Pre, any
TT 1.._.. A-
Ji
'IJW L 3- g%ri i ,Uiii i.6 i /1. unictuI.;
of the required � _ of
of approvals a master
application constitute a recommendation to the City Council, any decision of the Hearing
Examiner as to any such approvals shall also constitute a recommendation to the City
Council. Since the Hearing Examiner is making a recommendation to the City Council
relative to the rezone and the preliminary plat, the decision relative to the Class (2)
common wall residential use also constitutes a recommendation to the City Council in
this context. However, the criteria for consideration of Class (2) uses remain the same.
Those criteria listed in Subsection 15.14.040(5) of the UAZO are identical to the criteria
for consideration of Class (3) uses listed in Subsection 15.15.040(5) of the UAZO.
Although the criteria for consideration of Class (2) uses are identical to the criteria for
consideration of Class (3) uses when Class (2) use applications are referred to the
Hearing Examiner for Class (3) review through the public hearing process under
Subsection 15.15.040(3)(e), Subsection 15.15.040(4) or Section 15.11.110 of the zoning
ordiance, there is one major difference. The Hearing Examiner will take into account the
legislative pronouncement of the City Council when it classified the uses in Tables 4-1
and 4-2 and declared that "Class (2) uses are generally permitted in the district"
Cottonwood Partners, LLC; What the Hay, LLC 12
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04
i A f
1
(Subsection 15.04.020(2)) and that "Class (3) uses are. generally not permitted in a
particular district" (Subsection 15.04.020(3)). In this case, the request is for approval of
uses that are generally permitted in the R-1 zoning district.
1. Compliance and Compatibility with the Objectives and Development
Standards of the Comprehensive Plan. The proposed common wall residential uses
would be located within phases 3 and 4 of the proposed preliminary plat which are
designated as Low Density Residential by the comprehensive plan. Low density
residential uses are primarily single-family detached residences, but may include
duplexes or other similar structures with a density of less than 7 units per net residential
acre. Common wail residences are similar to a duplex except that each of the two
attached common wall residences is located on its own individual lot while both units of
a duplex are located on the same lot. The density of phase 3 with the common wall units
would be 4.9 units per net residential acre and the density of phase 4 with the common
wall units would be 6.06 units per net residential acre. The combined density of both
phases would be 5.46 units per net residential acre, which is in compliance and
compatible with the objectives and development standards of the comprehensive plan.
The proposed attached common wall residences would also be in compliance and
compatible with general concepts in the comprehensive plan and the Growth
Management Act which include encouraging urban level development in areas where
adequate public services can be provided and providing for a variety of housing
opportunities. Common wall units were found to be in compliance and compatible with
Yakima County's comprehensive plan when they were approved for phases 1 and 2 of the
plat in 2001. The common wall units now proposed would be in a location that continues
the existing theme for the Cottonwood Grove development to provide such units in areas
that will be compatible with the neighborhood.
2. Compliance and Compatibility with the Intent and Character of the Single -
Family Residential (R-1) Zoning District. The Urban Area Zoning Ordinance (UAZO)
Cottonwood Partners, LLC; What the Hay, LLC 13
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04
table of permitted land uses provides that attached common wall residences are Class (2)
uses in the R-1 zoning district. As previously noted, Subsection 15.04=020(2) of the
UAZO states that Class (2) uses are generally permitted in the district. The proposed
uses comply with and are compatible with the intent of the R-1 zone expressed in
Subsection 15.03.030(2)(b) which states that the R-1 .zoning district is "intended to ...
Locate moderate -density residential development, up to seven units per net residential
acre, in areas served by public water and sewer." The proposed common wall residences
are also in compliance and compatible with the character of the R-1 zoning district. The
existing common wall residences in phases 1 and 2 along South 88th Avenue and the
proposed row of common wall lots in phases 3 and 4 along South 88th Avenue, which is
constructed to an urban collector standard, abut property to the west that is designated
Moderate Density Residential and is here recommended for a rezone to R-2., An urban
collector street is less desirable for detached single-family residential uses than common
wall residential uses. Common wall residences are similar to the duplexes that would be
located to the west. The balance of the proposed common wall residences at the south
edge of phase 4 will have backyards that face Nob Hill Boulevard. Nob Hill Boulevard
will eventually become an urban arterial which is also less desirable for detached single-
family
.7111�'lV-
family residential uses. Property to the south of this proposed row of common wall
residences is also owned by the applicant and is outside the Yakima Urban Area. The
property will probably remain in alfalfa until it is platted, at which time common wall
units will probably be proposed along the south side of Nob Hill Boulevard as well. As
such, compatibility with the neighborhood is insured by placing all of the common wall
residences within the interior of the proposed plat or adjacent to property owned by the
developer. Until other traffic connections are made, traffic from this development will
not pass through any existing neighborhood other than its own. Several duplex and
common wall developments similar to this proposal have been approved in the West
Valley area since the adoption of the Urban Area Comprehensive Plan and Zoning
Cottonwood Partners, LLC; What the Hay, LLC 14
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
a A Pr -I
Ordinance.
3. Compliance with the Provisions and Standards Established in the Zoning
Ordinance. The common wall residential lots will range in size from 5,200 to 5,875
square feet in size. They will have direct access to abutting streets by way of shared
driveways. Each unit will .have a two -car garage and two parking spaces in front of the
garage. The footprint of the residences will generally be 36 feet by 36 feet, which is
about 1,300 square feet in size. A patio expected to be 10 feet by 10 feet in size is also
planned for each residence. A typical individual lot will have lot coverage of about 37
per cent. The proposed lots can accommodate larger units and, in most cases, larger units
will be constructed. Whateversizes and designs of common wall residential units are
finally constructed on the lots, it is anticipated that they will comply with all the
provisions and standards for common wall residences such as lot size, parking spaces,
height limitation, setbacks and other applicable requirements without any known need at
this time for any administrative adjustments.
Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the
Hearing Examiner shall review a proposed subdivision during an open record public
hearing to inquire into and determine whether or not the following standards are satisfied:
1) Subsection 14.20.100(1) — Consistency with the provisions of the City's
Urban Area Zoning Ordinance: Subsections 15.03.030(2) and (3) of the Urban Area
Zoning Ordinance indicate that the purpose of both the One -Family Residential (R-1) and
Two -Family Residential (R-2) zoning districts is to establish and preserve residential
neighborhoods for detached single-family dwellings and other uses compatible with the
intent of those districts. The main difference between the two districts is that the R-2
zoning district is also intended for duplexes and for densities exceeding seven dwelling
units per net residential acre. The proposed plat contains lot sizes ranging from 5,200
square feet to 24,200 square feet. All of the lots exceed the minimum lot size required
Cottonwood Partners, LLC; What the Hay, LLC 15
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04
for single-family and common wall residences in the R-1 zoning district and for duplexes
in the R-2 zoning district. The proposed plat is consistent with, the densities and other
provisions in the zoning ordinance applicable to the R-1 and R-2 zoning districts. As
previously noted, comments providedat the Development Services Team meeting on
September 29, 2004 from the Water Division indicated that the Nob Hill Water Company
would provide all domestic water for the subdivision and the Building Codes Division
assigned addresses to the lots that should be shown on the plat. The Engineering
Division recommended the planned street connection with the Meadowview plat.
2) Subsection 14.20.100(2) — Consistency with the provisions of the
Comprehensive Plan: The City's Future Land Use Map and Comprehensive Plan
designate phases 3 and 4 of the proposed plat as suitable for Low Density 13 evidential
development and phases 5, 6 and 7 of the proposed plat as suitable for Medium Density
Residential development. This proposed plat is consistent with those respective
designations where they are proposed within the plat and is also consistent with other
provisions of the comprehensive plan that encourage a mixture of housing types and
densities, promote infilling, recosnii7e the need for public sewer and water, encourage
disposal of surface drainage onsite and encourage development consistent with the
o -
general land use pattern in the area.
3) Subsection 14.20.100(3) — Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance": As proposed, this plat meets all the design
requirements in Chapter 14.30 of he City's subdivision ordinance and in the City's Title
12 development standards. This review and the conditions of this recommendation are
intended to further ensure consistency with the provisions of the City's subdivision
ordinance as well as other applicable City ordinances.
4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health,
safety and general welfare: The construction of new residential units which will
complement adjacent uses will promote the public health, safety and general welfare.
Cottonwood Partners, LLC; What the Hay, LLC 16
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04; DOG,
CL (2) #27-04; EC 25-04 jHDEX
There is a need in this community for the types of residences proposed for this plat.
Being able to see the types of residences which have already been constructed in phases 1
and 2 of this plat makes it easier for one to anticipate that phases 3 through 7 of the plat
will also provide various types of quality housing for the West Valley area.
5) Subsection 14.20.100(4)(6) Appropriate provisions for open spaces: The
proposed lots are larger than minimum sizes that could be approved for various types of
dwelling units in the R-1 and R-2 zoning districts. Lot coverages of less than 45% in the
R-1 zoning district and of less than 50% in the R-2 zoning district will provide light and
air for future residents in accordance with the standards in the zoning ordinance. There
will be buffers on both sides of Shaw Creek. Streets will have sidewalks on both sides
and there will be a variety of lot sizes, particularly in phases 3 and 4. No additional open
spaces are recommended or deemed necessary.
6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
Drainage of individual lots will be provided on-site at the time of construction. The
SEPA MDNS requires that a final binding stormwater and drainage control plan for the
entire property must be developed by a licensed professional engineer in consultation
with the City Engineer prior to construction of any area of the development. Detailed
requirements are set forth for the plan and the applicant is required to comply with all
applicable local, State and federal requirements.
7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: At the present time access to the proposed plat is from
Tieton Drive through the existing street network of phases 1 and 2. A Traffic Capacity
Analysis was completed which indicated that this development will not exceed the PM
peak hour capacity of the city arterial street system and that reserve capacity exists on all
streets impacted by this development. The MDNS requires that the public street network
for Cottonwood Grove connect with the public street providing access through the plat of
Meadowview located immediately to the east. The MDNS also requires a second point
Cottonwood Partners, LLC; What the Hay, LLC 17
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04
of access be provided before more than 30 dwelling units are constructed in order to
comply with Appendix D of the International Fire Code. The second access may be
provided by way of the connection of the street network with the street through the plat of
Meaduwview, by extending Nob Hill Boulevard west from South 80th Avenue to the
street system in the plat, by extending Midvale Road west from South 80th Avenue to the
street system in the plat, by extending Wide Hollow Road north to the street system in the
plat or by any other method approved by the Fire Marshall. The interior streets within
phases 3 to 7 of the proposed preliminary plat will be constructed in accordance with the
City's standards and requirements. The proposed plat therefore makes appropriate
provisions for streets.
8) Subsection 14.20.100(4)(e) ^o ri ii7i5iaiiiS for
transit stop-'-- App=roprate ..
Transit service to the proposed plat would be provide bus route ber 1,
. _...+► by iiliulUGl. 1,
Summitview/Lincoln, and bus route number 8, Lincoln/SuTnmitview.
9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: An adequate water supply in this area
is available from Nob Hill Water Company.
10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There are appropriate provisions for sanitary waste disposal because there are
already within the area sewer mains capable of handling the demands of this
development.
11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: The proposed phases 3 to 7 of this plat are about one mile driving distance
from the West Valley Neighborhood Park. Appropriate provisions are made for parks
and recreation without the need for an internal park.
Cottonwood Partners, LLC; What the Hay, LLC 18
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
AA-,
12) Subsection 14.20.100(4)(i) - Appropriate provisions for playgrounds:
The playground at Cottonwood Elementary School abuts this proposed plat on the west
and no additional playground area within the plat is recommended or deemed necessary.
13). Subsection 14.20.100(4)(j) — Appropriate provisions for schools and
school grounds. Cottonwood Elementary School abuts the proposed plat on the west.
No comments were received from the School District to suggest the need for an
additional school at this location.
14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks: Since
the proposed plat will have sidewalks on both sides of the streets in accordance with City
standards, the proposed plat will make appropriate provisions for sidewalks.
15) Subsection 14:20.100(4)(1) — Appropriate provisions for other planning
features that assure safe walking conditions for students who walk to and from
school: Originally a paved walking path was proposed within the plat which led to the
Cottonwood Elementary School. However, because such paths can create concerns for
the safety of children using them, the school district asked that that feature be eliminated
from the proposed plat. It is felt that sidewalks on both sides of the streets will provide
safer walking conditions for students who walk to and from school than a path would.
16) Subsection 14.20.100(5) — Public use and interest: The proposed plat is
consistent with neighboring land uses and better serves the needs of the Urban Growth
Area than continued agricultural use. Based on the standards discussed above, it is
apparent that the public use and interest will in fact be served by the proposed plat. It
complies with the City's Urban Area Zoning Ordinance, Comprehensive Plan and
Subdivision Ordinance. It makes appropriate provisions for the public health, safety and
general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary
waste disposal and sidewalks and is in a location where additional provisions for parks,
Cottonwood Partners, LLC; What the Hay, LLC 19
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC,
INDEX
playgrounds, schools or separate walking paths to school are neither recommended nor
deemed appropriate.
Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal
Code. The following analysis involves the application's consistency with applicable
development regulations, or in the absence of applicable regulations, the adopted
Comprehensive Plan as mandated by the State Growth Management Act and the Yakima
Municipal Code. During project review, neither the City nor any subsequent reviewing
body may re-examine alternatives to, or hear appeals on, the items identified in these
conclusions except for issues of code interpretation.
a) The type of land ...... ..
use cor: tEn piateu by the proposal (a residential
development) is permitted on this site 1..«... as it �
pe----i"ted so long complies with the regulations of the
zoning ordinance, subdivision ordinance, building codes and other applicable regulations.
b) The level of development (lot size, contemplated density) of the portion of
the proposed plat within the One -Family Residential (R-1) zoning district will not exceed
the allowable limit in that district and the level of development of the portion of the
proposed plat within the Twos Hmily Residential (R-2) zoning district will not exceed the
allowable limit in that district.
c) The availability and adequacy of infrastructure and public facilitiies is
not an issue because the additional infrastructure that will be provided at the applicant's
expense will insure that adequate infrastructure and public facilities are available for the
proposed plat.
d) The character of the proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed plat which have
Cottonwood Partners, LLC; What the Hay, LLC 20
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove" DOC.
PRE LONG PLAT #3-04; RZ 6-04; INDEX
CL (2) #27-04; EC 25-04
been discussed in detail above. With appropriate conditions, the proposed preliminary
plat, including the proposed rezone of about one-half the property from the R-1 to the R-2
zone and the proposed construction of common wall residences on some of the lots in the
R-1 zone, will be consistent with the development standards of applicable City
ordinances.
CONCLUSIONS
1. The Hearing Examiner has jurisdiction to recommend to the Yakima City Council
the approval of a preliminary plat pursuant to Section 14.20.100 of the subdivision
ordinance; the approval of a rezone pursuant to Section 15.23.030 of the zoning
ordinance; and the approval of a Class (2) use as part of a master application pursuant to
Subsection 15.14.040(3)(e) and Section 15.11.110 of the zoning ordinance.
2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this
project on April 8, 2005 and was not appealed within the time period for an appeal which
expired on April 25, 2005.
3. The evidence submitted satisfies all seven of the criteria required for approval of
the proposed rezone of the area within phases 5, 6 and 7 of the proposed preliminary plat
from the R-1 zoning district to the R-2 zoning district, subject to the conditions detailed
below.
4. The evidence submitted satisfies all three of the criteria required for approval of
the proposed Class (2) common wall residential use for the lots specified for such use in
the R-1 zoning district within phases 3 and 4 of the proposed preliminary plat, subject to
the conditions detailed below.
Cottonwood Partners, LLC; What the Hay, LLC 21
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
# A A-(
5. The proposed phases 3 to 7 of the preliminary plat of Cottonwood Grove, with the
conditions detailed below, are in compliance with the City's zoning ordinance,
subdivision ordinance and comprehensive plan; make appropriate provisions for the
public health, safety and general welfare and for open spaces, drainage ways, streets,
transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds
and sidewalks; and, according to the weight of the evidence presented at the hearing, do
not require that specific provisions be made for the other requisite plat considerations
such as additional schools, additional schooigrounds or additional planning features that
assure safe walking conditions for students who only walk to and from school.
6. The proposed preliminary plat, rezone and Class (2) use are in romp l i ar►ce with
the consistency requirements
..
requi emen,.s of Subsection 16.06.020(13) of the YMC.
RECOMMENDATIONS
The Hearing Examiner recommends to the Yakima City Council that (i) the proposed
228 -lot preliminary plat of phases 3 to 7 of the Plat of Cottonwood Grove; (ii) the
requested rezone of the area within phases 5, 6 and 7 of said proposed preliminary plat
from R-1 to R-2; and (iii) the requested Class (2) common wall residential use for Lots
301 to 310, Lots 401 to 408 and Lots 444 to 461 in phases 3 and 4 of the proposed
preliminary plat all be APPROVED in accordance with the details described in the
application and in the related documents which are assigned file numbers LONG PLAT
#3-04, RZ #6-04, CL (2) #27-04 and EC #25-04, subject to compliance with the
following conditions:
Cottonwood Partners, LLC; What the Hay, LLC 22
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
1. Prior to final plat approval the interior streets shall be engineered, constructed and
approved according to the standards and requirements of the City Engineer and YMC
Title 12.
2. All lots shall be served with public water from the Nob Hill Water Company. No
individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final
plat approval, written verification. from Nob Hill Water must be submitted to the Building
Codes and, Planning Division indicating that all construction required to provide each lot
with domestic water has been completed and the fees paid.
3. All lots shall be provided with public sewer service according to YMC Title 12
standards. No individual septic systems or other sewage disposal methods will be
allowed. Prior to final plat approval written verification from the City of Yakima
Engineering Department must be provided to the Building Codes and Planning Division
indicating that all sewer extensions have been completed or financially secured.
4. A minimum 8 -foot -wide public utility easement must be provided adjacent to all
public road rights-of-way.
5. The width of all easements for buried utilities must be at least twice the depth of
the planned excavation, and all easements for new and/or future utilities shall be 16 feet
in width or as otherwise specified by the utility provider.
6. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
7. All public and private utilities to be located within public road rights-of-way must
be constructed prior to the start of road construction.
8. Fire hydrants shall be placed at the locations specified by the Building Codes and
Planning Division and Yakima Fire Department. All lots must be provided with adequate
fire flow.
9. Irrigation easements, if any are required, shall be provided as specified by the
Yakima Valley Canal Company.
10. After making provision for the interconnection of the road network within this plat
and the neighboring Plat of Meadowview, the final plat shall substantially conform to the
preliminary plat, but shall incorporate the requirements of the MDNS and any
modifications of the preliminary plat required by the City Council.
Cottonwood Partners, LLC; What the Hay, LLC 23
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
11. All permits required by the Yakima Regional Clean Air Authority shall be
obtained. The developer shall designate a responsible party to serve as a contact person
during working hours for suspected air quality violations.
12. The developer shall contact the State Department of Ecology to determine ;f a
baseline general permit for stormwater discharges will be necessary for this development.
Application shall be made at least 30 days prior to the start of construction.
13. A final binding stormwater and drainage control plan for the entire property,
including the installation of flood control measures, shall be submitted and approved
prior to construction of improvements for any area of the development.
14. Critical areas setbacks for Shaw Creek must be observed.
15N r
. A grading plan and permit for the entire property is required prior to construction
of improvements for any area of the development.
16. Erosion control methods such as temporary ponding, silt fencing, etc. must be in
place prior to clearing, grading or construction.
17. All addresses shall be as specified by the Building Codes Division and all
addresses must be clearly shown on the face of the :final plat.
18. Two points of emergency ingressleoress must be prov de.i prior to construction
cT a-�r-.. �».,....v �ivviutr4 to the
of more than 30 residential units in any portion of the area within phases 3 to 7 of the
plat.
19. This plat shall be subject to the following notes, which must be placed on the face
of the plat:
a. The addresses shown on this plat are accurate as of the date of recording,
but may be subject to change. The City of Yakima Building Codes and
Planning Division is responsible for the confirmation or reassignment of
addresses at the time of building permit issuance.
b. The owners shown hereon, their grantees and assignees in interest hereby
covenant and agree to retain all surface water generated within the plat on-
site.
Cottonwood Partners, LLC; What the Hay, LLC 24
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
DOC.
INDEX
# A 'l
20. The applicant must comply with all of the requirements of the Mitigated
Declaration of Nonsignificance.
21. The applicant shall grant an easement that will enable the prospective purchasers
of Tract A (the Seamans and the Radkes) to be able to extend the public sewer line at
those purchasers' expense to the south boundary of that tract between whichever of the
applicant's two lots will be closest to the line that will divide the ownership of that tract
between the respective purchasers.
22. Relative to the period of time allowed for submission of the applicant's final plat
after approval of this preliminary plat, the applicant shall have the longer period of time
and the increased number of extensions that may become available in the future as a
result of any future amendments to the City's subdivision ordinance that may be adopted
prior to the expiration of the three-year period or prior to the expiration of the extension
currently allowed by, the City's existing subdivision ordinance.
DATED this 10th day of June, 2005.
Cottonwood Partners, LLC; What the Hay, LLC 25
Vicinity of 8900 Block of Midvale Road
228 -Lot Plat of "Cottonwood Grove"
PRE LONG PLAT #3-04; RZ 6-04;
CL (2) #27-04; EC 25-04
Gary M. Cuillier, Hearing Examiner
DOC.
INDEX //��
# fr %f1
COTTONWOOD GROVE PHASE 4
PART OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF
SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.
60300593 100,00
0
LOT401
1021 SSW AVE
62001 SF
N gq'BE WMI.(1FIE
LOT402
1024 37308 AVE j
1
N59 W1,E80.10
N00'220rE
3.70
70.818012
DELTA ANGLE
RADIUS 51)
ARC MOTH 05
01
85,34'15,
2000
31.27
C2
90 204r
20.00
31.57
C3
803003•
20.00
31.24
04
80.103r
30.00
31.80
8O TH LINE OF COTTONWOOD
GROVE PHASE 3
40 0 10 80 120
■ ■
■ ■ ■
SW,1'.47
EASEMENT LINE
ALL EASEMENTS SHOWN HEREON ARE
17 UTILITY AND W00ATIONEASEMENI8
UNLESS OTHERWISE 0101CATED.
F
SEW I 36.50
tu
A�
Ie
,
W
'
'00
04.34.
LST409
6796 WESiBIfOOCAVE
99552 SF
74.97
g
�7
-
90.00
LOT410
6793 N'E678R
95401 SF
49.50
AVE
s
'U
�Ij
CO
mar
105,411
6751 WES1SROOKAVE
95400 SF
W.ar _
8
to
90.00
105,111
6693 NESf9ROOCAVE
96404 50
93.50
n
g
3j
to
6693
90.00
107413
95402 SF
00.90
AVE
O
8
W
,Q
co
90.50
507414
6601W
95400 SF
__.__.Viv
AVE
I'4
I
(
$
Ref OFWAY HEAEN0E0ICATW 089.6017E 1193.87
"6'00 WESTBROOK AVENUE 7050.
67
1020OT 404
88 OW AVE
8260250
8499707E 100.07
. �-;Q.j LOT405
103
'0 058881 AVE
525025F
507405
1038855OAVE
67720 8F
Q 8016' OI 54.87
R
V - _
35,
�Iyy
=IA
w
Lo I3 14
> ._._._._._._. �._._._. RRWTOF WAV.PENOED�MATED -. -... ..-.-.... N85,57Y7--..068�7' .-.
GARDEN AVENUE
S il
I IQ'S77ff E 950.7f'
339.51'SAO' 1' 0 • 65.00 • 65.00' O 6807 0 6607 0 6600' Q 65.00 ff 65y .08 55.06 0
Of r
CO lk
ILOT420
A'
$ I
73.60
8705W6013000KAVE
f,/-
a
`Q1
9000'
LOT421
8704 WE878ROOKAVE
5193880
s'g
90.00'
$ 107411
8702W578ROOKAVE
693880
,.2
• 90.50
$ LOT423
° 9050
8 LOT424
80WW500ROOIf0VE
810065F
$
• ..--85.10r•�•� -
$ LOT 425
$ 9802 WSTBROOKAVE
9100050 c
N 8787'1PE gra o
D
6896 WSTBROOIfAVE 8'x
0100050
'
_1
S I7431
I5708
94.35'
wGMDENAVE
15
4'.1
1
93,50
9703 LQAROQI AVE
81000 SF
15
1
90.50
433
$ 8701 Lf CAROM
81000 SF
�S
1 90.07
LOfl4RO NAVE
8505
0100250
90.00
435
$ 5093 GARDEN
810015F
15
"g
TO BN
Lu
$ 8001 L0LOT
f010FNAVE 0
8434890
8100280
-
4
$
LOT 410 LOT 451
�.. 52592 50
iLOT 442 - 1.07443
708GARDEN�042950 AVE 8705 GARDEN AVE 8704 GARDEN AVE 11702 GARDEN AVE 660fUf872ENAVE 8012GARDEN AVE 86052411±00 GARDEN AVE 8005 GARDEN AVE 55005203 8F AVE 56d GARDEN 90 52442 80
LOT 440 LOT 447
5237530 /
LOT 448 ‘ft LOT 449 tt
0tSF AVE52552 SF 52622 BFLOT 444 Lormap
0
66.17 1r5.- o - 39.97 G 5607 • 36.93
WOO'
O O
5807
56.50
TRACT BOF THE PLAT OF COTTONWOOD DROVE PHASE 3
(NOT INCLUDED IN THIS PUT)
NOB HILL BLVD. (UNDEVELOPED)
56.50 0
5850
O 66.07 A 10.74' 6607
6003307E
1068.73
/I WW2, 0 1310.74'
$
4
MATCH PAGE 2 OF 3
MATCH PAGE 1 OF 3
COTTONWOOD GROVE PHASE 4
PART OF THE SOUTHWEST QUARTER M 0 40 80 120
OF THE NORTHEAST QUARTER OF
SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.
8a}'BTIPW 000538
•
• • •
Soak: 11•40'
EOM UNE OF COTTONWOOD
GROVE PHANE3
oda
4040
00.00'
0408
26.00 I 25.00'
NUMBER
DELTA ANGLE
RADIUS (6)
ARC LENGTH m)
C5
803411'
20.00
31.27
CO
18012520
2000
38.03
C7
703477•
20.00
27.76
C0
1672310
20.00
31.66
CO
803021'
20.00
31.24
CIO
002030
20.00
31.30
803121.04 80QO
0.
8 8 I
I
$. 1 i I I I g
LOT4eD
U SF
i0 1.00416 1.00416
i
1.00417 i
1.07419 1.00419 1017�VE .:
9300WEOI8000KAVE 9607 WE87BROOKAVE 9399WE9791�01[AV!b3W WE919ftO0KAVE 9W1YY6073*3 ONAVE95100 SF061009E 9610!SF 05402 SF 9678* SF ' .%
I
99,.f� 00.08 OD CO 90.00 7307 0 I S
Q Ii fir c, 099.99' L'
Iq ti CEO 4
- - __ __ �90'6T10E _1709AP. _ __ _ _ �H70FWAV HFAEW.EDCATED ______ .-.-.-. -4)- 4703Tj0 N
100 65 WESTBROOK AVENUE _ r 4
I
ersp.
lw
D
.IW 4
3. Q
IF&6'4 96037'2VE 100.4'
IE GOMI0
to
8 12
1060.71. - -.Jl
GARDEN AVENUE
TTW L07452 TT11��� 844_� 107463 107461
86160ARDEN AVE 8614 GARDEN AVE 0612 GARDEN AVE
6226097 562220 SF 5 6210057
0 66.00
so
86.60
a 013 a
LOT 455 IL07468 046 107407
0510 GARDEN AVE 89060AROEN AVE 0500 GARDEN AVE
6216087 6211097 62008 SFco to
56.00 06.00
NWNW E 1.10.74'
66.40
TRACT B OF THE FLAT OF COTTONWOOD GROVE PHASE 3
(NOT INCLUDED IN THIS PLAT)
0
1068.78
N BD'59v0E 13+6.7+• NOB HILL BLVD. (UNDEVELOPED)
66.44
0
L07450 6
0504 GARDEN AVE ,p,
620408E 59
5600
6
II
610079E
6/002079 SF 5E•
I •
J8� 44.87
•
25
25
W
101481
101386581 AVE
87240 SF
107482
10158SWINE
82000 SF
880.3731'E 100.
107483
10178 0 611 AVE
82007 SF
( 9803121E 100.01
1.07401
10108 WIN AVE
8458! SF
TRW
0
0
- - - - - EASEMENT UNE
NL EASEMENTS BHOVAI HEREON ARE
12' UMW AND IRRIGATION EASEMENTS
UNLESS OTHERWISE INDICATED.
SOUTHEAST CORNER
SOUTHWEST QUARTER
NORTHEAST QUARTER
830.7134.016E
NOT FOUND, NOT SET
SS;
84
no(bb,vc .w.
0
107428
MO a1OWESTBRO0N AVE
81007 SF
00.00
L07417
5005WE878RO0KAVE
010008E
N WWII 906.70
a 00.07
8 107426
8 0500 WES15R000AVE
6100607
�/Q^
b
0
8
I
00.00
100420
8
74.17 -
••••- ..-- I''
8 101490 I
tg 150270E8106500A00 0�
843408E g
5004 AVE
6100087
•.
w.aa
Lo7 437
85060#RDEN AVE
8100087
90.00'
6D.db
L07430
0007 GARDENAVE
110008E
00.110.w,..
1
au
00.04
LOT 439
NOSOARDEN AVE
010078E
e ee.1A
au
y70
NJ
00.05
0003 107440GARDENAVE
010078E
90.01
au
`
01.35
I
07441
g 0401 LOARDEN AVE I R
037705E
.... .... - ...- -0?)
73.88
8 12
1060.71. - -.Jl
GARDEN AVENUE
TTW L07452 TT11��� 844_� 107463 107461
86160ARDEN AVE 8614 GARDEN AVE 0612 GARDEN AVE
6226097 562220 SF 5 6210057
0 66.00
so
86.60
a 013 a
LOT 455 IL07468 046 107407
0510 GARDEN AVE 89060AROEN AVE 0500 GARDEN AVE
6216087 6211097 62008 SFco to
56.00 06.00
NWNW E 1.10.74'
66.40
TRACT B OF THE FLAT OF COTTONWOOD GROVE PHASE 3
(NOT INCLUDED IN THIS PLAT)
0
1068.78
N BD'59v0E 13+6.7+• NOB HILL BLVD. (UNDEVELOPED)
66.44
0
L07450 6
0504 GARDEN AVE ,p,
620408E 59
5600
6
II
610079E
6/002079 SF 5E•
I •
J8� 44.87
•
25
25
W
101481
101386581 AVE
87240 SF
107482
10158SWINE
82000 SF
880.3731'E 100.
107483
10178 0 611 AVE
82007 SF
( 9803121E 100.01
1.07401
10108 WIN AVE
8458! SF
TRW
0
0
- - - - - EASEMENT UNE
NL EASEMENTS BHOVAI HEREON ARE
12' UMW AND IRRIGATION EASEMENTS
UNLESS OTHERWISE INDICATED.
SOUTHEAST CORNER
SOUTHWEST QUARTER
NORTHEAST QUARTER
830.7134.016E
NOT FOUND, NOT SET
SS;
84
LEGAL DESCRIPTION
TRACT A, THE PLAT OF COTTONWOOD GROVE PHASE3, RECORDED UNDERNIDITORS
FRE NOISIER 7508520, RECORDS OF YAOMA COUNTY, WASHINGTON.
TAX PARCEL NUMBER: 101330.13100
DEDICATION AND WAIVER OF CLAIMS
DIOY/ALL MEN BY THESE PRESENTS THAT COTTONWOOD PARTNERS LLC, A WASHINGTON
UNITED LABILITY COMPANY IS INE OWNER AND ALL OTHER PARTIES HAVING ANY
INTEREST N THE LAND HEREON DESCRIBED: HAVE WITH ITS FREE CONSENT AND N
ACCORDANCE WITH ITS DESIRES CAUSED THE SAME TO BE SURVEYEDAND PLATTED
AS SHOWN HEREON DO HEREBY DEDICATE THOSE ROADS ANDIOR RIGHTS OF WAY SHOWN
AS PUBLIC DEDICATIONS HEREON TO THE USE OF THE PUBIC; DO WAIVER ON BEHALF
OF ITSELF ANO ITS SUCCESSOR'S N INTEREST AL CLAIMS FOR DAMAGES AGAINST
THE CITY OFYAID RANO ANY CANER GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED
TO THE ADJACENT IMO BY THE ESTABLISHED CONSTRUCTION. DRAINAGE AND MAINTENANCE
OF SAID ROADS AND OR RIGHTS OF WAY; AND DO HEREBY GRANT AND RESERVE THE
EASEMENTS AS SHOWN HEREON FOR THE USES INDICATED.
DOUGLAS HUGHES, AEMBER RICHARD C. HCCHREIN, MEMBER
COTTONWOOD PARTNERS LLC COTTONWOOD PARTNERS LLC
ACKNOWLEDGEMENT
STATE OF.WA3IINOTON)
}F
COUNTY OFYMJW, )
ON THIS DAY OF 200
BEFORE ME, THE UNOERS1GNED, A NOTARYPUBLIC IN AND FOR THE STATE OF WASHINGTON DULY
COMMi8SIONED AND SWORN, PERSONALLY APPEARED DOUGLAS HUGHES AND RIORAIM C. HUCHREIN.
TOME KNOWN TO SE MEMBERS OF COTTON W000 PARTNERS LLQ THE UNITED LIABILITY COMPANY
THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT ANDACIGIOWLEDOED SAID INSTRUMENT
TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID LIMITED LABILITY COMPANY, FOR INE
USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED TINT THEY WERE AUTHORIZED TO
EXECUTE SAID INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY.
NWITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED MYOFFIOW. SEM. INE DAY
AND YEAR FIRST ABOVE YR I1IEN.
NOTARY PUBLIC WAND FOR IRE STATE OF WASHINGTON MY COMMISSION EXPIRES
TREASURER'S CERTIFICATE
I HEREBY CERTIFY -MAT ALL REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE
BY TMS OFFICE HAVE SEEN PAID, THAT ALL TAXES LEVIED AGAINST THE
PROPERTY HAVE BEEN PAD, AND TINT 125% OF THE TAXES LAST PAID HAVE
BEEN DEPOSITED WITH THE OFFICE.
DATED THIS DAY OF
OFFICE OF YAKIMA COUNTY TREASURER
COTTONWOOD GROVE PHASE 4
PART OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF
SECTION 30, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.
APPROVALS
APPROVED BY THE CT' OF YAKBM RAT ADMINISTRATOR THIS
_DAY OF 200
ADMINISTRATOR
PPROVED BY THE CRY OF YAKI A ENGINEER THIS
_DAY OF 200
ENGINEER
PPRONED BY DIE YAK/MA CITY COUNCIL THIS
_DAY OF 200
MAYOR, CITY OF YAKI A
SURVEYOR'S CERTIFICATE
1, ROBERTSEW10D, PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY TAME
FLAT OF COTTON'A300 GROVE PHASE 418 BASED ON AN ACTUAL SURVEY OF THE HEREON
DESCRIBED PROPERTY, THAT THE DISTANCES AND COURSES ARE SHOWN HEREON CORRECTLY
AND THAT MONUMENTS AND LOT COIBERS HAVE BEEN SET ON THE GROUND AS SHOWN ON
THE FACE OF THE PLAT.
ROBERT SEWARD PIS 06.23
THE PROPERIYOESCNBEED HEREON IS WHOM), OR IN PART LOCATEDMNHIN THE BOUNDARIES
OPINE YAOAA VALLEY CANAL COMPANY AND ALL LOTS WITHIN THE PIAT ARE SUBJECT
TWINE TERMS. CONDITIONS. RESERVATIONS AND ONJGATIONS N THE PRESENT AND FUTURE
CONCERNING IRRIGATION WATER MOM OF WAY AND EASEMENTS AS MAY SE IMPOSED BY SAID
COMPANY IN ACCORDANCE WITH THE LAW.
THE ADDRESSES SHOWN ON THIS PIAT ARE ACCURATE AS OVINE DATE OF (RECORDING. BUT
MAY 8E SUBJECT TO CHANGE. THE c Y OF YAWIMCODEADMINISTRATDN IS RESPONSIBLE
FOR THE CONFBAIATION OR REASSIGNMENT OF ADDRESSES AT THE TIME OF BUILDING PERMIT
ISSUANCE
THE OWNERS SHOWN HEREON, THENORANTESS ANDASSIDNEES N MEREST HEREBY COVENANT
AND AGREE TO RETAIN ALL SURFACE WATER GENERATED WITHIN WE PIAT ON SDE
/ HIS SURVEY IS RASED ON FIELD TRAVERSE PROCEDURES USING
NIKON 0114420 TOTM. STATOR ANDA CALIBRATED STEEL TAPE.
ALL CORNERS SET ARE SS ROAR WITH CAP LS 0023 UNLESS
OTHERWISE NOTED.
B ASIS OF BEARING FOR THIS SURVEY ARE ASSUMED.
FOR FURTHER INFORMATION SEE PUT OF COTTONWOOD GROVE PHASE 3.
R
1
yy�y
rS41r�
00
Z
U
W
F 40
NEI
XU
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For Meeting of September 19, 2006
ITEM TITLE: Public Meeting for Council consideration of the final plat for Phase 4 of
Cottonwood Grove Subdivision.
SUBMITTED B liam R. Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575-6042
SUMMARY EXPLANATION:
Phase 4 of Cottonwood Grove is part of a seven -phase subdivision located south of
Tieton Drive and accessed by South 87th Avenue. Phases 1 and 2 were recorded when
this property was unincorporated, Phase 3 was recorded on May 17, 2006 and Phase 5
on July 12, 2006.
Phase 4 contains 64 of the total of 228 lots approved for this subdivision. In open
Council session on July 19, 2005 the Hearing Examiner's recommendation to approve
this preliminary plat was accepted and preliminary plat approval was granted subject to
conditions.
For Phase 4 the developer has completed all infrastructure except for curbs, gutters,
sidewalks and streetlights. The completion of these missing requirements has been
financially secured thereby permitting the recording of the plat for this phase. State law
requires that developer(s) be granted the option of financially securing their required
improvements.
Resolution X Ordinance_ Contract _ Other (Specify) Final Plat Staff Report,
Hearing Examiner's Recommendation, Final Plat Drawings
Funding Source
APPROVAL FOR SUBMITTAL: kOdief
ity Manager
STAFF RECOMMENDATION: Staff recommends Council's approval of the final plat for
Phase 4 of Cottonwood Grove together with the adoption of the accompanying
resolution that will authorize the Mayor to sign the plat.
BOARD RECOMMENDATION: The Hearing Examiner recommended plat approval on
June 10, 2005.
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-132
The City Engineer's office has reviewed the plans and designs for all required
improvements and holds sufficient security to insure the completion of all needed
improvements. In affirmation of this fact the City Engineer has signed the plat.
The Planning Division has likewise reviewed the final plat for Phase 4 and finds it to be
in substantial conformance with the terms and conditions of the preliminary approval
the Subdivision Administrator has also signed the plat.
YMC 14.20.210 sets forth the following process for final plat approval:
A. Upon receipt of a proposed final plat, the City Council shall at its next public
meeting set a date for consideration of the final plat. Notice of the date, time,
and location of the public meeting shall be given to the subdivision applicant,
Surveyor, City Engineer, Office of Environmental Planning, and the Yakima
County Health Officer at least four days prior to the date of the public meeting.
B. The City Council shall review the final plat during the public meeting and shall
approve the final plat if the Council determines that the final plat conforms to the
conditions of preliminary plat approval and applicable state laws.
C. Upon approving any final plat, the City Council shall authorize the Mayor to sign
the final plat as evidence of City Council approval. (Ord. 98-65 § 2 (part), 1998).