HomeMy WebLinkAboutR-2019-100 Preliminary Plat of Anderson Park; S 64th Ave & Occidental RdRESOLUTION NO. R-2019-100
A RESOLUTION approving the Preliminary Long Plat of Anderson Park, a 94-lot
subdivision, located at 2309 S. 64th Ave.
WHEREAS, on September 12, 2019, the City of Yakima Urban Area Hearing
Examiner ("Hearing Examiner") held an open -record public hearing to consider the
application for a Preliminary Long Plat known as "Anderson Park," submitted by
Cottonwood Partners LLC (PLP#002-19, SEPA#024-19, ADJ#013-19), and
WHEREAS, on September 25, 2019, the Hearing Examiner requested and
received a one -week extension from the applicant's representative to submit his
recommendation by October 3, 2019, and
WHEREAS, on October 3, 2019, the Hearing Examiner issued his Written
Recommendation for approval of the proposed plat, subject to conditions, and
WHEREAS, the proposed application conforms to the City of Yakima Zoning
Ordinance, Subdivision Ordinance, Development Standards Ordinance, Traffic
Concurrency Ordinance, and other applicable land use regulations, and
WHEREAS, at a Closed Record Public Hearing on November 5, 2019, after
notice duly given according to the requirements of the Yakima Municipal Code, the
Yakima City Council adopted the Hearing Examiner's Recommendation; and
WHEREAS, the City of Yakima has complied with the substantive, procedural,
and notice requirements associated with SEPA, the Growth Management Act, and the
Yakima Municipal Code for the purpose of reviewing the application, and
WHEREAS, the Yakima City Council finds that it is in the best interest of the City
of Yakima to pass the following, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Incorporation of Recitals. The above recitals are hereby incorporated
into this resolution.
Section 2. Incorporation of the Hearing Examiner's Recommendation and
Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted
and ratified by the Yakima City Council as its conditional decision and approval of the
Application herein A copy of the Recommendation is attached hereto as Exhibit "A" and
fully incorporated herein by this reference
Section 3. Findings. The Yakima City Council adopts the findings of the
Hearing Examiner as its own findings herein, and further finds that the requirements of
RCW § 58 17 110 have been met.
Section 4. Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this resolution is declared invalid or unconstitutional for any reason,
such decision shall not affect the validity of the remaining portions of this resolution
ADOPTED BY THE CITY COUNCIL this 5th day of November, 2019
ATTEST
Sonya Claar ee, City Clerk
Exhibit "A"
RECEIVED
OCT 0 3 2019
CITY OF YAKIMA
PLANNING DIV.
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
October 3, 2019
In the Matter of a Preliminary Long Plat
Application Submitted hy:
Cottonwood Partners, LLC
For a 94-Lot Single -Family Preliminary
Long, Plat to be Located in the Vicinity of
South 64th Avenue and Occidental Avenue
And to be Known as "Anderson Park"
PLP#002-19
CAO#008-19
ADJ#013-19
SEPA#024- I 9
A. Introduction. The preliminary findings relative to the hearing process for this
matter are as follows:
(I) The Hearing Examiner conducted an open record public hearing for this
application on September 12, 2019.
(2) The Planning Division staff report which recommended approval of this
preliminary long plat subject to enumerated conditions was presented by Associate
Planner Eric Crowell. The applicant's representative for this application, Mike Heit of
I-1LA Engineering and Land Surveying, Inc., presented testimony in favor of the proposed
preliminary plat and questioned whether the southernmost lots would he considered by
the City to be subject to buffer requirements of the Hugh Bowman Ditch along the south
edge of the property and the north edge of adjacent property, most of which is piped.
(3) In order to allow time to determine whether such a buffer would be required
along the portion of the Hugh Bowman Irrigation Ditch which is not piped, the Hearing
Examiner requested and received from the applicant's representative a one -week
Cottonwood Partners, LLC
S. 64111 Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP4002-19 and ADJNO13-19
extension to submit this Recommendation by October 3, 2019, which is the date that this
Recommendation has been issued and submitted to the Planning Division for scheduling
a closed record hearing by the City Council which will make the final Decision regarding
this proposed preliminary plat.
B. Summary of Recommendation. The Hearing Examiner recommends approval of
this Preliminary Plat of Anderson Park, subject to conditions.
C. Basis for Recommendation. Based on a view of the site with no one else present
on September 9, 2019; the staff report, exhibits, testimony and other evidence presented
at the open record public hearing conducted on September 12, 2019; and a consideration
of the applicable subdivision requirements, development standards and consistency
criteria; the Hearing Examiner makes the following:
FINDINGS
I. Applicant/Property Owner/Representative. The applicant/property owner is
Cottonwood Partners, LLC, P.O. Box 8335, Yakima, WA 98908. The representative of
the applicant'property owner for this proposal is Michael Heit of HLA Engineering and
Land Surveying, Inc., 2803 River Road, Yakima, WA 98902.
11. Location. The location of the proposed preliminary plat is 2309 South 64' Avenue
on the south side of Occidental Avenue east of South 640 Avenue. It is proposed to be
located on Yakima County Assessor's Parcel Number 181205-11002.
Cottonwood Partners, LLC
S. 64th Ave. & Occidental Ave
94-Lot Plat of "Anderson Park"
PLIN+002-19 and ADJY013-19
RECEIVED
OCT 0 3 209
2 CJTY OF YAKIMA
FUMING ant
III. Application. This application is for a preliminary plat to develop about 30.75
acres of Multifamily Residential (R-3)-zoncd property partially located within a
floodplain into a 94-lot single-family residential subdivision over the course of three
phases. The application for a Preliminary Long Plat, Critical Areas Ordinance (CAO)
Review, Administrative Adjustments to allow 5-foot side yard setbacks and 15-foot rear
yard setbacks, and State Environmental Policy Act (SEPA) Review were received on
May 3, 2019. On May 31, 2019, the application was deemed complete for processing by
the Planning Division. The CAO and SEPA Reviews became final without appeals.
IV. Jurisdiction. Sections 1.43.080 and 14.20.100 of the Yakima Municipal Code
(YMC) provide that the Hearing Examiner shall hold a public hearing and submit a
recommendation to the City Council which shall include findings and conclusions based
on the record relative to the subdivision criteria listed in Y/v1C §14.20.100(A) and in
RON Chapter 58.17.
V. Notices. A Notice of Application, Environmental Review and Public Hearing for a
Preliminary Long Plat (PLP#002-19), Critical Areas Ordinance Review (CAO#008-19),
Administrative Adjustments (ADJ4013-19) and State Environmental Policy Act Review
(SEPA#024-19) was provided by posting a Land Use Action Sign on the property on
June 28, 2019; by mailing said Notice to the applicant and adjoining property owners
within a 300-foot radius of the subject parcel requesting comments on the proposed
application on July 30, 2019; and by publishing said Notice in the Yakima Herald -
Republic on July 30, 2019. No comments were received during the 20-day public
comment period for this application which ended on August 19, 2019.
Cottonwood Partners, LLC
S. 64ih Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP#Q02-19 and ADJ#013-19
3
RECEIVED
OCT 0 3 2019
WY OF YAKIMA
PLANNING DIV.
Cottonwood Partners, LLC
S. 64Ih Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park-
PLP#001-19 and ADJ*013-19
VI. Zoning and Lind Use. The subject property is located within the Multifamily
Residential (R-3) zoning district and it is currently vacant. The main purpose of the
Yakima Urban Area Zoning Ordinance (UAZO) in Title 15 of the Yakima Municipal
Code (YMC) is to implement the Yakima Urban Area Comprehensive Plan and promote
the general health, safety and welfare of the present and future inhabitants of the Yakima
Urban Area. YMC §15.03.020(D) states that the purpose and intent of the R-3 zoning
distnct is to:
(1) Establish and preserve high -density residential districts by excluding activities
not compatible with residential uses;
(2) Locate high -density residential development more than twelve dwelling units
per net residential acre in areas receiving the full range of urban services;
(3) Locate high -density residential development near neighborhood shopping
faci lit ics; and
(4) Locate high -density residential development so that traffic generated by the
development does not pass through lower -density residential areas.
(5) The surrounding properties contain uses and zoning as follows:
Direction Zoning Land Use
North R-1: City of Yakima Residential
South R-3: City of Yakima Residential
R-1 & R-2: Yakima County Residential
East R-2: Yakima County Residential
West R-1: Yakima County Residential
VII. Environmental Review. This application was required to undergo State Environ-
mental Policy Act (SEPA) review because it proposed to subdivide a parcel of land into
more than 20 lots in the R-3 zoning district, and duc to the requirement that the
application undergo a Critical Areas Review. Notice was mailed on July 30, 2019, and
RECEIVED
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OCT 0 3 zoig
CITY OF YAKIMA
PLANNING GIV.
the public comment period ended on August 19, 2019. No comments were received. A
Determination of Nonsigniticance (DNS) was issued on August 21, 2019, and was not
appealed.
VIII. Transportation Concurrency Ordinance. The applicant applied for
Transportation Concurrency (TCO#004-19) on May 3, 2019. The proposal was approvekl
for Concurrcncy on May 10, 2019, because it will not exceed the PM peak hour capacity
of the City arterial system, and reserve capacity exists on all impacted streets.
IX. Development Services Team. The following comments were submitted by the
Development Services Team which met on May 21. 2019. and by other public agencies
who submitted written comments for this proposal:
(1) Code Administration: The preliminary addressing for this Plat are the
following Cottonwood Loop addresses:
Lot I
61 15 Cottonwood Lp.
Lot 33
6403 Cottonwood Lp.
Lot 65
6102 Cottonwood Lp.
Lot 2
6113 Cottonwood Lp.
Lot 34
6401 Cottonwood Lp.
Lot 66
6100 Cottonwood Lp.
Lot 3
6111 Cottonwood Lp.
Lot 35
6317 Cottonwood Lp.
Lot 67
6012 Cottonwood IT.
Lot 4
6109 Cottonwood Lp
Lot 36
6315 Cottonwood Lp.
Lot 68
6010 Cottonwood Lp.
Lot 5
6107 Cottonwood Lp
Lot 37
6311 Cottonwood Lp
Lot 69
6008 Cottonwood Lp.
Lot 6
6105 Cottonwood Lp.
Lot 38
6307 Cottonwood Lp.
Lot 70
6006 Cottonwood 1..p.
Lot 7
6103 Cottonwood 1..p.
Lot 39
6305 Cottonwood Lp.
Lot 71
6004 Cottonwood Lp.
Lot 8
6101 Cottonwood Lp.
Lot 40
6303 Cottonwood Lp.
Lot 72
6002 Cottonwood Lp.
Lot 9
6017 Cottotiwood Lp.
Lot 41
6227 Cottonwood Lp.
Lot 73
6000 Cottonwood Lp.
Lot 10
6015 Cottonwood Lp,
Lot 42
6223 Cottonwood Lp.
Lot 74
6602 Cottonwood Lp.
Lot 11
6013 Cottonwood Lp.
Lot 43
6221 Cottonwood Lp.
Lot 75
6600 Cottonwood Lp.
Lot 12
6011 Cottonwood Lp.
Lot 44
6219 Cottonwood Lp.
Lot 76
6510 Cottonwood Lp.
Lot 13
6009 Cottonwood Lp.
Lot 45
6215 Cottonwood Lp,
Lot 77
6508 Cottonwood Lp,
Lot 14
6007 Cottonwood Lp.
Lot 46
6211 Cottonwood Lp.
Lot 78
6506 Cottonwood Lp,
Lot 15
6005 Cottonwood Lp.
Lot 47
6209 Cottonwood Lp.
Lot 79
6504 Cottonwood Lp.
Lot 16
6003 Cottonwood Lp
Lot 48
6207 Cottonwood Lp
Lot 80
6502 Cottonwood Lp.
Cottonwood Partners, LLC
S. 64th Ave. & Occidental Ave.
94-Lot Plat of -Anderson Park"
PLP#002-19 and ADJt$013-19
5
RECEIVED
OCT 0 3 2019
CITY OF YAMMA
PLANNING DIV
RECEIVED
OCT 0 3 2019
MY OF YAKMA
PLANNING Div.
Lot 17
6001 Cottonwood Lp,
Lot 49
6205 Cottonwood Lp.
Lot 81
6500 Cottonwood Lp.
lot 18
6605 Cottonwood Lp.
Lot 50
6203 Cottonwood I.p.
Lot 82
6412 Cottonwood Lp.
Lot 19
6 )3 Cottonwood Lp.
Lot 51
6201 Cottonwood Lp.
Lot 83
6410 Cottonwood Lp.
Lot 20
6601 Cottonwood Lp.
Lot 52
6210 Cottonwood Lp.
Lot 84
6408 Cottonwood Lp.
Lot 21
6513 Cottonwood Lp.
Lot 53
6208 Cottonwood Lp.
Lot 85
6406 Cottonwood Lp
Lot 22
6511 Cottonwood Lp.
Lot 54
6206 Cottonwood Lp.
Lot 86
6404 Cottonwood Lp.
Lot 23
6509 Cottonwood Lp.
Lot 55
6204 Cottonwood Lp,
Lot 87
6402 Cottonwood Lp
Lot 24 ,..
6507 Cottonwood Lp.
Lot 56
6202 Cottonwood Lp.
Lot 88
6400 Cottonwood Lp
Lot 25
6505 Cottonwood Lp.
Lot 57
6200 Cottonwood Lp.
Lot 89
6310 Cottonwood Lp.
Lot 26
I 6503 Cottonwood Up.
Lol 58
6116 Cottonwood Lp.
Lot 90
6308 Cottonwood Lp.
Lot 27
6501 Cottonwood Lp
Lot 59
6114 Cottonwood Lp.
Lot 91
6306 Cottonwood Lp.
Lot 28
6413 Cottonwood Lp.
Lot 60
6112 Cottonwood Lp.
Lot 92
6304 Cottonwood Lp.
Lot 29
6411 Cottonwood Lp.
Lol 61
6110 Cottonwood Lp.
Lol 93
6302 Cottonwood Lp.
Lot 30
6409 Cottonwood Lp
Lot 62
6108 Cottonwood Lp.
Lot 94
6300 Cottonwood Lp.
Lot 31
6407 Cottonwood Lp.
Lot 63
6106 Cottonwood Lp.
Lot 32
6405 Cottonwood Lp. _
Lot 64
6104 Cottonwood Lp.
(2) Engineering: Engineering comments relative to this proposed preliminary
plat were to the effect that TMC Title 12 improvements and other improvements,
including but not limited to the following, are required:
(a) YMC Chapters 8.60 and 12.05 — New curb, gutter, and sidewalk shall
be installed along the site's frontage on 64th Avenue. New sidewalk shall he
constructed per standard detail R5, a 5-foot sidewalk along 64th Avenue frontage.
The road is to be expanded to 22 feet from the centerline per detail R3.
(b) YMC Chapter 8.72 — An excavation and street break permit shall be
obtained for all work within the public right of way.
(c) YMC *12.06.020 — Right-of-way shall be dedicated to provide for 27
feet of right-of-way width from the centerline of South 64Ih Avenue along frontage
of the plat.
(d) YMC §12.06.080 — Street lighting: Street lights shall be installed and
shall meet the design and placement standards of the City Engineer. Lighting
improvements shall become the property of the City of Yakima upon installation
and will thereafter be maintained by the. City.
(e) All improvements shall he completed prior to issuance of a Certificate
of Occupancy.
Cottonwood Partners, LLC
S. 64th Ave. & Occidental Ave,
94-Lot Plat of "Anderson Park"
PLPH002-19 and ADJNO13-19
6
RECEIVED
OCT 0 3 2019
WY OF YAKIMA
PLANNING DM
(3) Wastewater: Sewer is to be installed per City of Yakima Municipal Code and
Engineering Standards
(4) Nob Hill Water Association: Water from Nob Hill Water Association is
available to serve this new development. A new looped water main will need to be
installed as well as an extension down to an existing eight -inch mainline that comes off
of Ahtanum Road. This will require an easement from the [Novobielskij property to the
southeast comer of the new development's lot. The Nob Hill Water Association will be
installing new mainline, fire hydrants, and services for development. A cost estimate for
the project will be in progress as soon as Nob Hill Water Association receives finalized
engineered plans for the project.
(5) Yakima Clean Air Agency (YRCAA): Comments submitted by YRCAA
were as follows:
(a) Prior to demolishing and renovating any structures an asbestos survey
must be done by a certified asbestos building inspector;
(b) Any asbestos found must be removed by a licensed asbestos abatement
contractor prior to demolition;
(c) A Notification of Demolition and Renovation (NODR) application
must be filed with YRCAA and the appropriate fee should be paid;
(d) Prior to the projcct construction, demolition, excavation, clearing or
landscaping work, contractors must file a Dust Control Plan with YRCAA and get
approval; and
(e) This project is located within the Urban Area Growth Arca. Therefore,
burning is prohibited at all times.
(6) Department of Ecology: The Washington State Department of Ecology
comments may be summarized as follows:
(a) Ecology recommends that the project proponent notify FEMA of their
proposed changes to the regulatory floodplain through the submittal of a CLOM.R
using FEMA's MT-2 paperwork. If the project proceeds to construction, Ecology
recommends the community request a LOMR to the effective flood insurance rate
map to reflect as -built conditions.
Cottonwood Partners, LLC
S. 60 Ave & Occidental Ave
94-Lot Plat of "Anderson Park-
PLIV002-19 and AI:01013-19
7
RECEIVED
OCT 0 8 20t9
CITY OF YAKIMA
PLANNING OIV.
(b) Based upon the historical agricultural use of this land, there is a pos-
sibility that the soil contains residual concentrations of pesticides. Ecology
recommends that the soils be sampled and analyzed for 1e.ad and arsenic, and for
organochlorine pesticides. If these contaminants are found at concentrations
above the Model Toxics Control Act cleanup levels, Ecology recommends that
potential buyers be notified of their occurrence..
(c) If your project anticipates disturbing ground with the potential for
stormwater discharge off -site, the NPDES Construction Stormwater General
Permit is recommended. This permit requires that the SEPA checklist fully
disclose anticipated activities including building, road construction and utility
placements. Obtaining a permit may take 38-60 days.
(d) The permit requires that a Stormwater Pollution Prevention Plan
(Erosion Sediment Control Plan) shall be prepared and implemented for all
permitted construction sites. These control measures must be able to prevent soil
from being carried into surface water and storm drains by stormwater runoff.
Permit coverage and erosion control measures must be in place prior to any
clearing, grading or construction.
(e) In the event that an unpermitted Stormwater discharge does occur off -
site, it is a violation of Chapter 90.48 RCW, Water Pollution Control, and is
subject to enforcement action.
(7) Ahtanum Irrigation District: Ahtanum Irrigation District comments may be
summarized as follows:
(a) This parcel is within the Ahtanum Irrigation District rather than the
Yakima-Ticton Irrigation District service area.
(b) No water rights will be affected by this application. Our records indicate
that the above parcel does not have a water right as established in the Final Decree
(2019), the Conditional Final Order Subbasin No. 23 (Ahtanum, 2019), and the
Final Schedule of Rights dated May 9, 2019, in State of Washington, Dept. of
Ecology v. Acquavella, et al.
(c) However, for Irrigation District approval purposes, our Board must sign
off on the plat. We require the original Mylar for signature plus one additional
copy for our records. Our Board meets once per month, so signature arrangements
need to be made in advance.
Cottonwood Partners, LLC
S. 64a Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP#002-19 and ADJt1013-19
8
RECEIVED
OCT 0 a 201
CITY OF YAiW.i
PLANNING DIV.
(8) Department of Health (DOH) — Office of Drinking Water: The DOH —
Office of Drinking Water initially provided comments slating that Nob Hill Water
Association only has 77 connections according to their latest WTI (Water Facilities
Inventory) Form and that the organization's Watcr System Plan (WSP) is good until
2022. However, evidence was submitted at the hearing in the form of an email from
DOH — Office of Drinking Water dated September 6, 2019, con liming the existence of
2,282 additional Nob Hill Water Association connections available to serve additional
uses including the residences in the proposed preliminary plat.
(9) Yakima Mr Terminal: The Yakima Air Terminal submitted the following
comments relative to the following subjects:
(a) Retention of Water On Site and the Collection of Waste Water: The
Yakima Air Terminal -McAllister Field is required by the Federal Aviation
Administration (FAA) to uphold a Wildlife Hazardous Management Plan, which
ensures wildlife on and surrounding airport property does not present a safety
hazard Ibr aircraft operations. Entailed in the plan, the airport maintains an
environment not conducive to attract wildlife to the airfield, which could create
such hazards. In the event stormwater runoff is collected and managed on -site via
surface retention and infiltration facilities, or in underground infiltration facilities,
this environment could attract wildlife. Since wildlife (typically waterfowl) are
attracted to standing water like retention ponds, it is not recommended that
retention ponds be used for stormwater runoff. Instead the use of detention ponds
or connections to the City stormwater system is preferred.
(b) Please view the Washington State Department of Transportation —
Airport Stormwater Guidance Manual for Best Management Practices in order to
assist in reducing wildlife attractants at https://www.wsdot.wa.gov/aviationt
AirportStormwaterGuidanceManual.htm.
(c) Building and Parking Lot Liehtine Requirements: The Yakima Air
Terminal -McAllister Field has a variety of facilities to allow for aircraft to operate
safely and efficiently in and out of the Yakima Valley. Currently the airport has
two runways (09t27 and 040.2) which aircraft utilize for takeoff and landing
operations. Additionally, a helicopter flight path enters the airport over 64'"
Avenue. Outlined in the proposal, the property owner provides general infor-
mation as it relates to the lighting of the proposed facilities, Depending on the
intensity, angle, height and color of the lighting, it could potentially become a
hazard for aircraft and helicopter operations. Pilots could become disoriented by
Cottonwood Partners, LLC
S. 64thAsv. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLPN002-19 and ADJ#013-19
9
RECEIVED
OCT g3 2019
CITY OF YAKIMA
PLANNING DIV.
these lights while departing and arriving at the airport, which could create an
unsafe situation for both the aircraft and nearby properties. The Yakima Air
Terminal -McAllister Field recommends the developer follow lighting guidelines
set forth by the FAA, which ensures all lighting will have shields so that light will
illuminate in a downward orientation to ensure it does not cause a hazard to
aircraft operating at the airport during hours of darkness.
(d) Dust Control — During Construction and During Normal Dav-to-Dav
Operations: Any dust created by the development of the property could affect
aircraft and helicopter operations. The dust may cause flight hazards if a pilot's
visibility is reduced by blowing dust during takeoff and landing. Proper miti-
gation for dust control including the use of water trucks is critical to ensure
visibility is not reduced, which could create an in-flight hazard.
(e) Aircraft Noise. Fumes and Vibrations: The Yakima Air Terminal —
McAllister Field is located approximately 2.0 miles of the proposed development.
Due to the location, the property is directly in -line with the airport's secondary
runway, which receives a good portion of aircraft operations. Because of this
close location beyond the end of the runway, the proposed development will be
subject to low flying aircraft as they land and takeoff from the Yakima airport.
These aircraft often produce loud engine noises, vibrations and exhaust fumes that
can be an annoyance to surrounding properties. Since the airport is a public use
facility funded by local, state and federal government agencies, it is open and
available on a 24-hour basis, 7 days a week, 365 days a year to all aircraft that
operate in the National Airspace System. The 2014 Yakima Airport Master Plan
identified 52,659 annual aircraft operations in 2015, which is forecasted to
increase to 62,065 by 2030. Aircraft that typically operate at the Yakima airport
include Bombardier Q400s, Boeing 737s, MD 80s, E.MB-120s, helicopters,
military cargo (C130s, KC-135s and Cl7s), military fighter jets (Fl6s and F18s),
and smaller general aviation aircraft. Some of aircraft outlined above may emit
vibrations and noise levels exceeding the normal 65dn1 (Daylight Noise Level)
area for the airport. Late night takeoff and landings could be a nuisance for those
living in the housing development.
(10) Department of Archaeology and Historic Preservation (DAHP): DAUP
submitted the following comments:
(a) A review of our statewide predictive model has identified the project
area as having a very high probability for archaeological resources. Further, the
Cottonwood Partners, ILC
S. 64th Ave. & Occidental Ave.
94-1,ot l'lat of "Anderson Park"
P11'0002-19 and ADJNO13-19
10
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OCT 0 a 2019
CITY OF YAKIMA
PLANNING DV
scale of the proposed ground disturbing actions would destroy any archaeological
resources present. Identification during construction is not a recommended
detection method because inadvertent discoveries often result in costly
construction delays and damage to the resource. Therefore, we recommend a
profession& archaeological survey of the project area be conducted prior to
ground disturbing activities. We also appreciate receiving any correspondence or
comments from concerned tribes or other parties concerning cultural resource
issues that you receive.
(b) These comments are based on the information available at the time of
this review and on behalf of the SHPO in conformance with Washington State
law. Should additional information become available, our assessment may be
revised.
(c) Additional information was subsequently requested and submitted in
the form of an email from DAHP dated September 9, 2019, which confirmed that
the survey is recommended rather than required.
X. Applicable Subdivision Ordinance and Statutory Provisions. Applicable
subdivision regulatory provisions are as follows:
(1) YMC §15.03.020(D): The R-3 zoning district is intended in part to exclude
activities not compatible with residential uses.
(2) YMC $15.05.030(A): Creation of new lots — Subdivision requirements: Table
of Subdivision Reouirements: The YMC §15.05.030(A) table establishes basic
development criteria for lot size and width that must be met when reviewing an
application for a new subdivision. For detached single-farnily dwelling construction in
the R-3 zoning district, the required minimum lot size is 6,000 square feet.
(3) YMC §15.30.040: Airport Safety Overlay Zones: The subject property is
located partially in Zone 6 of the Airport Safety Overlay, and per YMC §15.30.060,
detached single-family dwellings arc Class (I) uses.
(4) YMC *15,30,050: Height Limitation; Height Limitation 2 (Zone 6): No
building within this zone shall exceed thirty-five feet above the ground. Any building
proposed to exceed this height must undergo further review by the airport manager and
the FAA. The administrative official may require lights or markers as a warning to
aircraft on any buildings, structures, communication towers, uses, or trees, or the topping
Cottortwcax1 Partners, LLC
S 64Ih Ave & Qc.7.0(1-ental Ave.
94-1..ot P1at of "Anderson Park"
PLP4002-19 and ADJ#013-19
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CITY OF YAKIMA
PLANNING DIV.
of any trees to reduce their height, when recommended by the FAA, WSDOT Aviation
Division or the airport manager. Lights and markers shall meet FAA specifications.
Whenever the height limitations of this section differ from those of any other section of
this chapter, or that adopted by another local ordinance or regulation, the more restrictive
limitation shall apply.
(5) YMC §15.05.055(1): New development improvement standards: Fire
apparatus access roads for multiple -family residential developments and one- or two-
family residential developments shall he subject to the provisions of Sections D106 and
D107, respectively, of Appendix D of the applicable International Fire Code.
Additionally, such residential developments shall be subject to the requirements of
Section D105 of Appendix D, of the applicable International Fire Code pertaining to
aerial fire apparatus roads, as applicable. All other applicable provisions of the
International Fire Code, as now existing or as hereafter amended and adopted by the City,
are required. Minimum requirements for the primary and secondary access will be at
least twenty feet wide, unobstructed, paved lanes.
(6) YMC §12.02.010: Establishment of easements: Public utility easements shall
be established for the location of new and proposed public utility lines serving new land
divisions and land development. Public utility easetents shall also be established across
the front of new lots and redeveloped lots to provide future utility access as determined
necessary by the City Engineer. Public utility easements shall be dedicated (granted) at
the time that subdivision and/or land use approval is granted.
(7) YMC 12.02.020: Easement location and width: Eight -foot -wide utility ease-
ments shall be dedicated along the front of each lot in subdivisions and short
subdivisions. Easements for new and/or future utility lines shall be a minimum of eight
feet in width, or twice the buried depth of theutility, whichever is greater.
(8) YMC §12.03.01O; Sewer service required: Pursuant to YMC §12.03.010, all
new lots and development shall be served by a sanitary sewer line located adjacent to the
lot or development site.
(9) YMC §12.03.040: Minimum sewer size: The minimum size for public sewer
lines is eight inches in diameter.
(10) YMC $12.03,070: Side sewer service: Each building containing sanitary
facilities shall be served by a separate private side sewer line from a public main.
Branched side sewers serving multiple buildings and properties shall not be permitted.
Single side sewers serving multi -unit buildings are permitted.
Cottonwood Partners, LLC
S. 64th Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP#002-19 and AD.l#013-19
12
RECEIVED
OCT 0 3 2019
CITY OF YAKIMA
PLANNING DIV.
(1 I) YMC *12.03.090: Gravity flow required: Sewer lines shall be designed for
gravity flow operation. Lift stations and force mains (pressurized lines) shall be limited
to those locations and circumstances where they are consistent with the comprehensive
sewer plan and are the preferable short-term solution to service the development site and
other properties in the vicinity.
(12) YMC § 12.04.010: Water service required: All new lots and development
shall be served by a public water supply line maintained by the City of Yakima, Nob Hill
Water Company [Association], or other water purveyor, and located adjacent to the lot or
development site. The water line shall be capable of providing sufficient flow and
pressure to satisfy the tire flow and domestic service requirements of the proposed lots
and development as approved by the City Engineer in cooperation with the Code
Administration Manager and Water Irrigation Division Manager.
(13) YMC §I2.041120: Water line extension required: Water lines shall be
extended to the point where the adjoining property owner's responsibility for further
extension begins. This typically requires extension across the street or easement frontage
of the developing property. In some cases it will require dedication of an easement and a
line extension across the property or extension along two or more sides of the developing
property. Extensions will be consistent with and implement the City's adopted water
comprehensive plan.
(14) YMC S 12.04.040: Minimum size and material standards: New water lines in
the City of Yakima water system shall be constructed of Class 52 ductile iron and shall be
a minimum of eight inches in diameter. Improvements and additions to the Nob Hill
Water Company [Association] system shall conform to the requirements of Nob Hill
Water Company [Association].
(15) YMC §12.05.010: Sidewalk installation required: Sidewalks shall be installed
along both sides of all new, improved and reconstructed streets. Projects which repair
small portions of or maintain existing street shall not be considered "improvement" for
the purpose of this section and shall not trigger the requirements of this section.
Sidewalks shall also be installed across the frontage of all newly developed or
redeveloped lots where feasible.
(16) YMC $12.06.010: Street types, functional classification: The Yakima Urban
Area Comprehensive Plan, and/or the West Valley Neighborhood Plan, designates the
functional classification of the principal arterial, minor arterial and collector streets and
establishes their functional classification. All other streets arc classified as local
residential access.
Cottonwood Partners. LLC
S 64`h Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP4002-I9 and ADJ#013-19
13
IREC8VED
OCT 0 3 2019
CITY OF YAKIMA
PLANNING OIV.
(17) YMC 412.06.030: Design standards. adjustment of standards: Final design of
street improvements is subject to approval by the City Engineer. The City Engineer, at
his discretion, is authorized to adjust these standards as necessary to facilitate the
construction of new streets and improvement of existing streets. Projects which repair
small portions of or maintain existing streets shall nut be considered "improvements" for
the purposes of this section.
(18) YMC 412.06.070: Provision of street curbing: Barrier curbs shall be installed
along all public streets. Rolled mountable curbs may be permitted along residential
access streets. Curb design shall be consistent with thc standards of the City Engineer.
(19) YMC §12.06.080: Street lighting: A street light shall he installed at each
street intersection and at midblock lithe block exceeds five hundred feet in length. Street
lights shall meet the design and placement standards of the City Engineer. Lighting
improvements shall become the property of the City of Yakima upon installation and will
thereafter be maintained by the City.
(20) YMC $14.05.200(A-B): Allowance of bond in lieu of actual construction of
improvements prior to approval of short plat or firm/ plat: The subdivision or short
subdivision applicant may, as an alternative to actual construction of any required
improvements, provide a surety bond or other secure method providing for and securing
to the City the actual construction of required improvements within a specified period of
time and expressed in a hond or other appropriate instrument establishing such security.
Any bond or other method of securing actual construction of required improvements shall
specify the improvements covered and the schedule for completion. In cases of sub-
division, the bond or other method of securing actual construction of required improve-
ments shall be subject to approval by the City Engineer and City Attorney prior to
approval of the final plat by the City Council. In cases of short subdivisions, the bond or
other method of securing actual construction of required improvements shall be subject to
approval by the City Engineer and City Attorney prior to approval of the final short plat
by the Administrator. In no case shall the amount of the bond or other method of
securing actual construction of required improvements be less than one hundred ten
percent of the estimated actual cost of the improvements based upon the approved civil
engineering design of the required improvements.
(21) RCW 5.8.17.110(1). YMC 414.20.100(A) and YMC 414.20.120(A): The city,
town, or county legislative body shall inquire into the public use and interest proposed to
be served by the establishment of the subdivision and dedication. It shall determine (a) if
appropriate provisions are made for the public health, safety and general welfare and for
Cottonwood Partners, LLC
S. 64th Ave. & Occidental Ave.
44-Lot Plat of "Anderson Park"
PLP#002-19 and ADJ#013-19
14
FIECEI VED
OCT 0 S 2019,
CfTY OF YAKIMA
PLANNING DIV
open spaces, drainage ways, streets and other public ways, transit stops, potable water
supplies, irrigation and other water supplies, sanitary waste disposal, parks and
recreation, playgrounds, schools and schoolgrounds, sidewalks, and other planning
features that assure safe walking conditions for students who walk to and from school;
and (b) whether said plat will serve the public use and interest.
XI. Applicable Critical Areas Ordinance Provisions. Applicable Critical Areas
Ordinance regulatory provisions are as follows:
(1) YMC Critical Area Development Authorization Required: Pursuant to YMC
§15.27.300(A), no new development, construction or use shall occur within a designated
critical arca without obtaining a development authorization in accordance with the
provisions of this chapter, except for those provided for in YMC §15.27.303.
(2) Permitted Uses — Floodwav Fringe: Pursuant to YMC §15.27.409(A),
Detached Single -Family. Dwellings is a permitted use within the floodway fringe
(floodplain) as long as the proposal complies with the flood hazard protection standards
of YMC §15.27.407 and YMC §15.27.408.
(3) Subdivision Proposals: YMC §15.27.407(F) requires that all subdivision
proposals shall:
(i) Be consistent with the need to minimize flood damage;
(ii) Have roadways, public utilities, and other facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage;
(iii) Have adequate drainage provided to reduce exposure to flood damage;
(iv) Include base flood elevation data; and
(v) In the cases where base flood elevation is not available and the
subdivision is greater than five acres or fitly lots, a step -back water analysis shall
he required to generate the base flood elevation data.
XII. Applicable Administrative Adjustment Ordinance Provisions. Applicable
Administrative Adjustment Ordinance provisions are as follows:
Cottonwood Partners, LLC
S. 646 Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLPN002-19 and ADJ#013-19
15
RECEIVED
OCT 0 2 2019
CiTY OF YAKIMA
PLANNING DIV.
(1) YMC § 15.02.020: Compatibility Defined: "Compatibility" means the charac-
teristics of different uses or developments that permit them to be located near each other
in harmony with or without special mitigation measures.
(2) YMC §15.10.010: Purpose: The purpose of this chapter is to specify and
outline the authority of the Administrative Official to impose special conditions of
approval on any permit or approval issued under the provisions of this title and to
establish the authority of the Administrative Official to administratively adjust some of
the development standards set forth in YMC § 15.05.060 and YMC Chapters 15.05
through 15.08.
(3) YMC §15.10.020: Administrative Adjustment of Some Development Stan-
dards is Not Authorized: The Administrative Official shall not have the authority to
reduce the site design requirements for minimum lot size, building height or subdivision
requirements set forth in YMC § 15.05.030 and Table 5-2, or YMC §15.05.060.
XIII. Preliminary Plat Findings. YMC §14.20.100(A) provides that the Hearing
Examiner shall review a proposed preliminary plat during an open record public hearing
to inquire into and determine whether or not the following standards are satisfied:
(1) Subsection 14.20.100(A)(1) — Consistency with the City's Urban Area
Zoning Ordinance Intent, Design, Improvement and Development Provisions
Applicable to the R-3 Zoning District. A determination of consistency with the City's
Urban Area Zoning Ordinance intent, design, improvement and development provisions
applicable to the R-3 zoning district involves a consideration of the following provisions
of Title 15 and Title 12 of the Yakima Municipal Code (YMC):
(a) Consistency with the Intent of the Multita:rily Residential (R-3) Zoning,
District: YMC §15.03.020(D) indicates that the intent of the R-3 zoning district is
in part to exclude activities that are not compatible with residential uses. The
proposed preliminary plat designed for single-family residences excludes activities
that are not compatible with residential uses.
Cottonwood Partners, LLC
S. 64'h Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP#002-19 and ADJ#013-19
16
RECEIVED
OCT 0 3 2019
CiTV Of YAKIMA
PLANNING DIV.
(b) Consistency. with Design. Improvement and Development Provisiom
Applicable to the Multifamily Residential (R-3) Zoning District: YMC Chapter
15.05 establishes certain basic development requirements. These are the minimum
criteria that must he met to assure land use compatibility and promote the public
health, safety and welfare. The proposed development meets the requirements
applicable in the R-3 zoning district as follows:
(i) Minimum Lot Size: The lots ranging in size from 7,088 square
feet to 35,932 square feet will meet the minimum 6,000-square-foot lot size
requirement for single-family residences.
(ii) Minimum Lot Width: The lots will all meet or exceed the mini-
mum lot width of 50 feet prescribed for the R-3 zoning district by Table 5-2
of YMC Chapter 15.05.
(iii) Maximum Lot Coverage; The maximum lot coverage is the
percentage or net land area of a site that can be covered with structures and
other impervious surfaces. In the R-3 zoning district, the maximum lot
coverage is'80%. All lois within the proposed preliminary plat have suffi-
cient lot area to comply with this development standard.
(iv) Structure Setbacks• In the residential zoning districts, structure
setbacks are intended to provide light, air and emergency access. All lots in
the proposed preliminary plat have sufficient area to meet the setback
requirements specified by YMC Table 5-1 in YMC Chapter 15.05 which
are as follows if adjusted by the requested Administrative Adjustment:
Location
From Centerline of
Right -of -Way
From Property Line
Front, Cottonwood Loop
45 feet
20 feet
Rear (internal)
N/A
15 feet
Rear, Occidental Road
45 feet
20 feet
Rear, South 64th Avenue
60 feet
20 feet
Side (internal)
N/A
5 feet
Side. Cottonwood Loop
40 feet
10 feet
The side (internal) setback has been requested to he adjusted from 10 feet
to 5 feet as specified for the R-I zone. The rear (internal) setback has been
Cottonwood Partners, LU:
S. 64111 Ave. & Occidental Ave
94-Lot Plat of "Anderson Park"
PLP1i'002-19 and ADJ4013-19
17
RECEIVED
OCT 0 3 2019
CITY OF YAKIMA
PLANNING DIV.
requested to be adjusted from 15 feet, or one-half of the building height, to
just 15 feet.
(v) Maximum Building Height. The maximum building height in the
R-3 zoning district is 50 feet (YMC Chapter 15,05, Table 5-1), except that
approximately 37% of the property is subject to Zone 6 of the Airport
Safety Overlay (ASO) which limits the height to 35 feet. Building heights
will not exceed that height. The applicant's State Environmental Policy
Act Checklist states that the tallest structure will likely be less than 35 feet
in height so as to comply with both standards.
(vi) Residential Accessory Structures: Residential accessory struc-
tures are allowed upon all lots of record provided they meet the provisions
of YMC §15.05.020(E).
(vii) FencingFencing upon and behind property lines is allowed in
accordance with YMC §15.05.020(G).
(viii) Access: All lots will have 20 feet of frontage upon a public
street or be accessed by a 20-foot-wide access easement in accordance with
YMC §15.05.020(H).
(ix) Sidewalk: The proposed preliminary plat shows that curb, gutter
and sidewalk will be constructed along all street frontages in accordance
with YMC §15.05.020(J), and curb, glitter and sidewalk shall also be
installed along the frontage of the plat on South 64th Avenue.
(x) Density- The proposed preliminary plat dividing 30.75 acres into
94 lots will have a density of 3.94 dwelling units per net residential acre
with streets excluded (1,038,559 square feet ÷ 43,560 square feet 23.84
acres; 94 dwelling units + 23.84 acres = 3.94 dwelling units per net resi-
dential acre). This density complies with YMC §15.05.030(B) and YMC
Table 4-1 of YMC Chapter 15.04 which prescribe a maximum of 13
dwelling units or more per net residential acre in the R-3 zoning district.
(xi) Street Right -of -Way. Right-of-way along South 64th Avenue
shall be dedicated to increase the right-of-way width from the centerline to
27 feet, and to allow the roadway width from the centerline to be increased
to 22 fed.
(xii) Frontage Improvements: The applicant will be required to
install curh, gutter and sidewalk along parcel frontages in accordance with
Cottonwood Partners. LLC
S. 64th Ave. & Occidental Avc.
94-Lot Plat of "Anderson Park"
PLP00.02-19 and ADJ#013-19
18
RECEIVED
OCT 3 2019
CM OF YAKIMA
PLANNING ON.
YMC §12 05.010. The street section shall conform to standard detail R3
and the new sidewalks shall be constructed per standard detail R5, in
accordance with YMC Chapters 8.67 and 12.05. Similarly, the applicant
will be required t6 install curb, gutter and sidewalk along the site's frontage
on South 64`h Avenue. At a minimum, one street light shall be installed
tnidblock on the westernmost section of the loop since the street exceeds
500 feet in total length. Street lighting shall meet the design and placement
standards of the City Engineer. Lighting improvements shall become the
property of the City of Yakima upon installation and will thereafter be
maintained by the City. Pursuant to YMC Chapter 8.72, an excavation and
street break permit shall be obtained for all work within the public right -of
way. Roads less than five years old can he cut, but the cost will be 150
percent of the restoration fee with no PCI discount. Frontage improve-
ments are not required along Occidental Road because curb, gutter and
sidewalk have been installed as a condition of the Anderson Estates plat
'adjacent to Occidental Avenue on the north (PLP#003-16, FSP#002-18).
(xiii) Wastewater: Sewer has been extended across Occidental Road
to the subject propen.y. A minimum I6-foot-wide easement shall be main-
tained over all public utility lines in accordance with YMC §12.02.010 and
YMC §12.02.020. All lots within the subject plat shall he served by a
separate side sewer line from a public main in accordance with YMC
§12.03.070. Sewer is to be installed in accordance with the Yakima Muni-
cipal Code.
(xiv) Water: The applicant shall extend potable water to the subject
plat in accordance with YMC §12.04.010. Water is served by the Nob Hill
Water Association. The preliminary plat shows water service extending
from 64th Avenue eastward along Occidental Road and then south into the
new subdivision to serve all lots.
(xv) Irrigation: The subject parcel is located within the Ahtanum
Irrigation District and therefore the Irrigation District's approval is required
upon the final plat.
(xvi) Easements: Easements are to be established in accordance with
YMC § 12.02.010 and YMC §12.02.020.
Cottonwood Partners, LLC
S. 60 Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
Pt:NOM-19 and ADJ#013-19
19
RECEIVED
OCT 0 3 2019
CITY OF YAKIMA
PLANNING DIV
(2) Subsection 14.20.100(A)(2) — Consistency with the provisions of the
Comprehensive Plan. The Future Land Use Map III-3 of the 2040 Yakima Urban Area
Comprehensive Plan designates the property within the proposed preliminary plat as
suitable for Mixed Residential development which provides for a mixture of housing
types and densities Specifically, the proposed preliminary phi is consistent with the
following Goal and Policies of the City's Comprehensive Plan:
(a) Goal 2.3 which is to preserve and enhance the quality, character and
function of Yakima's residential neighborhoods.
(b) Policy 2.3.1 which is to provide for a wide variety of housing types
within the City to meet the full range of housing needs for Yakima's evolving
population.
(c) Policy 2.3.2 which is to preserve and enhance established residential
neighborhoods. Specifically: ... (A) Ensure that new development is compatible
in scale, density and aesthetic quality to an established neighborhood.
(3) Subsection 14.20.100(A)(3) — Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended
conditions, this preliminary plat will meet all the design requirements in YMC Chapter
14.30 of the City's subdivision ordinance and in the City's Title 12 development
standards. This review and the recommended conditions are intended to ensure
consistency with the provisions of the City's subdivision ordinance as well as other
applicable City ordinances.
(4) Subsection 14.20.100(A)(4) — Appropriate provisions for enumerated
features. As proposed and Nvith the recommended conditions, this 94-lot preliminary plat
of Anderson Park will make appropriate provisions for the following features required by
YMC 14.20.100(A)(4) and RCW 58.17.1 10(1):
Cottonwood Partners, LLC
S. 64'h Ave. & Occidental Ave.
94-I.ot Plat of -Anderson Park-
PLP4002-19 and AD.1#013-19
20
RECEIVED
OCT 0 8 2019
CITY OF YAKIMA
PLANNING DIV.
(i) Public health, safety, we(fare. lice construction of new single-
family dwellings and/or two-family dwellings will complement adjacent
uses and will promote the public health, safety and general welfare insofar
as there is a need in this community for additional housing and insofar as
this proposed preliminary plat would be required to comply with all
applicable City development standards, and all conditions of approval
specified by the City Council. The need for additional housing in this area
is recognized by the Mixed Residential designation for the property by the
2040 Comprehensive Plan which provides for areas with a mixture of
housing types and densities and is also recognized by the following pro-
visions of the Comprehensive Plan: Goal 2.3 which is to preserve and
enhance the quality, character and function of Yakima's residential neigh-
borhoods; Policy 2.3.1 which is to provide for a wide variety of housing
types within the City to meet the full range of housing needs for Yakima's
evolving population; and Policy 2.3.2 which is to preserve and enhance
established residential neighborhoods, specifically to ensure that new
development is compatible in scale, density, and aesthetic quality to an
established neighborhood.
(ii) Open spaces: The proposed lots are larger than the minimum lot
size required in the R-3 zoning district for both single-family and two-
family dwellings. Lot coverage of 80 percent or less in the R-3 zoning
district will provide adequate light and air for future residents in accordance
with the standards in the zoning ordinance without additional open spaces.
(iii) Drainage systems: Drainage system facilities must be provided
in accordance with state and local regulations including the City of Yakima
Municipal Code and thc Eastern Washington Storm Water Manual.
(iv) Streets, alleys, and other public ways. The subject property has
frontage upon Occidental Road and South 64th Avenue, and includes new
public streets (Cottonwood Loop) to provide adequate access to all internal
lots.
(v) Water supplies: Public water is required to bc used for domestic
and fire flow purposes. While water is available to the site from Nob Hill
Water Association by way of Occidental Road, the Office of Drinking
Water expressed a concern that the current WFI indicates that the Nob Hill
Water Association only has 77 available connections to serve the 94-lot
Cottonwood Partners, LLC
S. 641" Ave. & Occidental Ave.
94-Lot Plat of 'Anderson Park-
PLP#002-19 and Al).0013-19
21
RECEIVED
OCT 0 3 2019
CITY OF YAKIMA
PLANNING DIV
subdivision. Evidence was submitted at the hearing to the etTect that the
Association has developed 2,282 more available connections to serve
additional uses including the residences in this plat.
(vi) Sanitary waste disposal. Public sewer is required to service all
lots within the subject development. A City of Yakima sewer main capable
of serving the development has been extended east along Occidental Road.
(vii) Parks and playgrounds: Open space, parks, recreation and
playgrounds are located within 0,70 of a mile to 2.5 miles of this plat due to
the proximity of West Valley Park and West Valley School playgrounds.
(viii) Sites for schools. Wide Hollow Elementary School and West
Valley Middle Level Campus are located approximately two miles from
this subdivision, while West Valley High School is located approximately
2.5 miles away. No comments were submitted by the School District.
(ix) Sidewalks,- Sidewalks are required and shall be provided along
this development's internal streets ("Cottonwood Loop") and along the
South 64th Avenue frontage. Sidewalk has already been constructed along
Occidental Road as a condition of the adjacent long plat to the north named
the Plat of Anderson Estates.
(x) Public Transit: Yakima Transit Routes 2 and 5 pass the inter-
section of South 64`11 Avenue and West Washington Avenue approximately
one-half mile north of the subdivision.
(xi) Serves the public use and interest: This proposed 94-lot resi-
dential subdivision is consistent with neighboring land uses, better serves
the needs of the City than the present undeveloped status of the property
and helps satisfy the need for additional housing within the City.
(xii) Time Limitation: Upon preliminary plat approval, the applicant
has five years from the date of preliminary plat approval to submit the final
plat. Thereafter, at least 30 days prior to the expiration of preliminary
approval, the applicant must submit to the City Council a written request to
extend the approval period for a maximum period of one additional year
(YMC §14.20.160). Before the final plat can be recorded, all required
infrastructure must either be engineered, completed and inspected or be
engineered and financially secured. and approval of the final plat must be
obtained from the City Community Development Department.
Cottonwood Partners, 1..LC
S. 64th Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLIV002-19 and ADJ4013-19
22
RECEIVED
OCT 0 a 21119
CITY OF YAKINL4
PLANNING Ow
XIV. Critical Areas Ordinance Findings. Critical Areas Findings issued hy the
CAO Administrative Official without any appeal are as follows:
(I) Consistent with YMC g15.27.031(C)(2), the Administrative Official reviewed
the available information pertaining to the proposal and madc a determination that
Critical Areas were present, but there is no impact.
(2) Per YMC 05.27.309, it has been determined that a Standard Development
Permit is required.
(3) Consistent with YMC §15.27.311: Authorization Decisions — Basis for Action,
it has been determined that the applicant meets the following criteria:
(i) Impact of the project to critical area features on and abutting property.
The impact to critical area features will be minimal as long as the subdivision
provides adequate buffers between the residential lots and the floodplain that
crosses the subject parcel.
(ii) Danger to fife or property., that would likely occur as a result of the
project. The floodplain of Spring Creek — Tributary 1 is located on the parcel, and
the proposed grading plan will channclize the floodwater flowing into the
development to prevent flooding on specific parcels.
(iii) Compatibility of the project to critical area features: In addition to
the floodplain being realigned to generally follow the direction of Cottonwood
Loop, each lot will have a building pad outside of the floodplain. Lots 17, 18 and
36 are far larger than the average lot in the subdivision, and will allow floodwaters
to flow across them in a manner that will avoid the building pads where the houses
will be located.
(iv) Conformance with applicable development standards: All applicable
standards ofYMC Chapter 15.27 will be met.
(v) Compliance with flood hazard mitigation requirements of YMC
§15.27.400 to YMC §15.27.436: The existing FEMA FIRM Panel 53077C10291;
is in the process of being revised that will result in building pads for the
subdivision that will be located outside of the floodplain.
(vi) Adequacy of the information provided by the applicant or available to
the Division: The application submitted is adequate for review. Based upon the
project evaluation, the administrative official shall take one of the following
actions: grant the development authorization; grant the development authorization
Cottonwood Partners, LLC
S. 641h Ave. & Occidental Ave.
CM -Lot Plat of 'Anderson lark"
PLN002-19 and ADJ1013-19
23
RECEIVED
OCT 0 a 2015
CITY OF YAKIMA
PLANNING DIV
with conditions as provided in YMC *15.27.312 to mitigate impacts to the critical
area feature(s):, or deny the development authorization,
XV. Administrative Adjustment Findings. Administrative Adjustment findings
are as follows:
( I) Pursuant to YMC §15.10.030, the applicant has requested an Administrative
Adjustment for the benefit of' this subdivision in order to reduce the side yard setbacks
from 10 feet to 5 feet and in order to reduce the rear yard setbacks (other than those
adjacent to a street) from 15 feet or one-half the building height, whichever is greatest, to
just 15 feet. The proposed Administrative Adjustments would adjust the side setbacks
and the rear setbacks other than those adjacent to streets for all of the proposed single-
family residential lots from the R-3 Multifamily Residential standard setbacks to the R-1
Single -Family Residential standard setbacks.
(2) The purpose of the setback reduction request is to have setbacks consistent
with the single-family housing use. Strict enforcement of the current R-3 rear setback
standard would require larger setbacks than other single-family residential developments,
and would not provide sufficient buildable area to construct the desired houses.
(3) The proposal is compatible with neighboring properties because of its design.
The neighboring properties were developed under the City's single-family residential
setback standards, which are the same proposed side and rear setback standards that are
being requested here. The requested setback standards are compatible with the neigh-
boring properties because they would be the same as the setbacks required for single-
family residences in areas zoned R-I for single-family residences.
(4) The requested 15-foot rear setback is consistent with the standard imple-
mented throughout the neighboring properties, and would provide the desired setback
protection intended by the zoning ordinance. That requested rear setback standard is
compatible with the neighboring properties because it would be the same as the rear
setback required for single-family rcsidences in the 112- I zone.
(5) The request is consistent with the zoning of the property because single-family
residences are allowed in the R-3 zoning district. The request would still provide a 15-
foot rear setback consistent with the setbacks required for single-family residences in the
R-1 zone. Therefore the proposed 15-foot rear yard setback would be consistent with
current zoning and provide the desired setback for neighboring uses. The 5-foot side
Cottonwood Partners, LLC
S. 64'h Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PIA-W(102-19 and AW/4013-19
24
RECEIVED
OCT
CITYO:Y3AK2IMUISA
PLANNING Div
setback would still provide adequate privacy, light, air and view consistent with single-
family residence requirements because single-farnily structures are typically shorter than
multifamily structures and do not require as much separation.
(6) The proposal is consistent with the use and zoning of the neighboring property
because of its dcsign and because the proposed use is singlc-family residences. The
neighboring property on all sides are either zoned R-I or are used for single-family
residences. The proposal meets the intent of the R-3 zone because single-family
residences are allowed in the R-3 zone. The neighboring properties have the same
standard 5-foot side setback and 15-foot rear setback as are requested here. Therefore,
the requested setbacks are consistent with the uses and zoning throughout the neighboring
properties and would provide the desired setback protection that is intended by the zoning
ordinance. The setbacks would be the same as the setbacks for the neighboring single-
family residences and would provide adequate privacy, light, air and view when com-
bined with the existing and proposed uses.
(7) The proposed project is in the best interest of the community because it would
create new premier middle -income single-family homes in the area; would allow
sufficient area for the proposed single-family residences to be constructed; and would bc
consistent with the setbacks required in the R-1 zone and implemented throughout the
neighboring properties.
(8) The purpose of YMC Chapter 15.10 is to provide flexibility by allowing
certain development standards in YMC Chapters 15.05 through 15.08 to be admin-
istratively adjusted. A particular standard may be reduced or modified, so long as the
Administrative Official determines that the adjustment and/or reduction is consistent with
the intent and purpose of the standards, and will accomplish one or inore of the following
objectives:
(i) Siting for solar access: Siting for solar access is not a factor with this
application because that is not the purpose of the requested Administrative
Adjustment.
(ii) Zero lot line construction- Zero lot line criteria do not apply to this
application because no zero lot line constmetion is proposed.
(iii) Coordinate site features with surrounding land uses and physical
features. Based on the proposed layout of the subdivision, the reduced rear yard
and side yard setbacks will allow detached single-family dwellings to be easily
placed on their respective lots without requiring their layout and size to be
reduced.
Cottonwood Partners, LLC
S. 64th Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP#002-19 and AD.144013-19
25
RECEIVED
OCT s 2019
CITY Of YAKINIA
PLANNING 0IV
(iv) Flexibility of design and placement of structures and other site
improvement that is the minimum adjustment necessary to accommodate the
proposed structure or site improvement: Reducing the rear yard setback to a
minimum of 15 feet and the side yard setback from 10 feet to 5 feet will allow
detached single-family dwellings to be sited within the subdivision in the same
manner that they may be sited in all areas that arc zoned R-1 for single-family
residential development.
(v) The requested side and rear setback standards arc consistent with the
purpose of the R-3 zoning district for single-family residences; serve the purposes
of the setback requirements to provide the same type of light and air for single-
family residences that are required for single-fatnily residences in thc R-1 zoning
district; and would satisfy two of the criteria for an Administrative Adjustment
even though only one criterion is necessary to grant the requested Administrative
Adjustment.
XVI. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. 'lltc consistency analysis for this proposed preliminary plat of
Anderson Park is as follows:
(1) The type of land use contemplated by the proposal (a single-family,
residential development) is permitted on this site so long as it complies with the
conditions imposed by the Yakima City Council, as well as the regulations of the zoning
ordinance, subdivision ordinance, buildine, codes and other applicable regulations. The
proposed single-family dwellings are Class (I) permitted uses in the R-3 zoning district.
(2) The level of development with the proposed density and size of lots will not
exceed the allowable level of development in the Multifamily Residential (R-3) zoning
district.
(3) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that will he provided at the applicant's
expense would insure, that adequate infrastructure and public facilities are available for
the proposed preliminary plat.
(4) The character of the proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
Cottonwood Partners, LLC
S. 64th Ave & Occidental Ave.
94-Lot Plat of "Anderson Park"
PU11002-19 and ADJ#013-19
26
RECEIVED
OCT 0 3 20/9
CITY OF YAKIMA
PLANNING DIV.
primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed preliminary plat
which have been discussed in detail above. With the recommended conditions, the
proposed preliminary plat of Anderson Park will be consistent with the development
standards of applicable City ordinances,
CONCLUSIONS
Based on the foregoing Findings, the Hearing Examiner reaches the following
Conclusions:
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of a proposed preliminary plat pursuant to YMC §1,43.080 and
YMC §14.20.100.
(2) A SEPA Determination of Nonsignificance (DNS) was issued for this proposed
preliminary plat on August 21, 2019, that became final without any appeal.
(3) No testimony or written comments were submitted in opposition to this
proposed 94-lot preliminary plat of Anderson Park or in opposition to the requested
Administrative Adjustment.
(4) The proposed preliminary plat of Anderson Park, with all of the conditions
detailed below, is in compliance with the City's 2040 Comprehensive Plan, zoning
ordinance and subdivision ordinance; makes appropriate provisions for the public health,
safety and general welfare and for open spaces, drainage ways, streets, transit stops,
potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks;
and, according to the weight of the evidence presented at the hearing, does not require
that specific provisions be made for the other requisite plat considerations such as
additional schools, additional schoolgrounds or additional planning features that assure
safe walking conditions for students who walk to and from school; and said plat will
serve the public use and interest.
Cottonwood Partners, LLC
S. 64'h Ave. & Occidental Ave.
94-Loi Plat of "Anderson Park"
PLP#002-19 and A00013-19
27
RECEIVED
OCT 0 g 2019
CITY OF YAKIMA
PLANNING DIV.
(5) This proposed preliminary plat is in compliance with all of the consistency
requirements of Subsection 16.06.020(B) of the Yakima Municipal Code.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the proposed
94-lot preliminary plat of "Anderson Park" to be developed for single-family residences
as described in the application and related documents which are assigned file numbers
PLP#002-19, ADJA013-19, CAO#008-19 and SEPA#024-19 be APPROVED, subject to
compliance with the following conditions:
(1) Prior to approval of the final plat, all required improvements shall he
constructed or financially secured 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 Associ-
ation. 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 Association must be
submitted to the Planning Division indicating that each lot within the plat has been served
with domestic water and applicable fees have been paid.
(3) All lots shall be provided with public sewer service according to YMC Title
12 standards. Prior to final plat approval, written verification from the City of Yakima
Engineering Department must be provided to the Planning Division indicating that all
sewer extensions have been completed and inspected or financially secured.
(4) A minimum 8-foot-wide public utility easement shall be provided adjacent to
all public road rights -of -way.
Cottonwood Partners, LLC
S. 64"' Ave. & Occidental Ave.
94-1.,o1 Plat of "Anderson Park"
PLP#0112-19 and ADN013-19
28
RECEIVED
OCT 0 s Z019
CITY OF YAKIMA
PLANNING DN.
(5) Easements for new and/or future utilities shall be a minimum of 16 feet in
width, provided that the width of easements for buried utilities will be twice the depth of
the planned excavation.
(6) All public and private utilities shall be located underground, with the excep-
tion 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) All interior roads shown on the preliminary plat shall be constructed with
curb, gutter and sidewalks on both sides of the street, and street lighting in accordance
with YMC Chapter 12.06, Standard Detail R5. and WSDOT Curb and Sidewalk Plans F-
10.12-03.
(9) Curb, gutter and sidewalk shall be installed along the South 64th Avenue
frontage of the subdivision, which may be installed at the same time that the intersection
of South 64th Avenue and Occidental Road is improved and which has to occur before a
combined total of more than 75 dwelling units are constructed on the adjacent Plat of
Anderson Estates and/or on this Plat of Anderson Park.
(10) An excavation and street break permit shall be obtained for all work within
the public right-of-way. Roads less than five years old can be cut, but will cost 150
percent of the restoration fee with no PC! discount.
(11) All frontage improvements shall be completed or bonded for prior to long
plat approval. Civil engineering plans for public improvements shall be approved prior to
bonding for public improvements.
(12) At the discretion of the City Engineer, the owner may bond for required
frontage improvements or enter into a deferral agreement for future participation in the
cost of any frontage and/or roadway improvement by means of a Local Improvement
District (LID) which is constructed abutting thc owner's property. The bond or deferral
agreement shall be executed and recorded prior to or as part of approval of the plat.
Cottonwood Partners, 1.1.0
S. 646' Ave. & Occidental Ave.
94-Lot Plat of "Anderson Park"
PLP#002-19 and ADJ#013-19
29
RECEIVED
OCT 0 a: ?oi9
CITY OF YAKIivis
PLANNING DIV
(13) Fire hydrants shall be placed at locations specified by the Building C:odes,
Planning Division and the Yakima Fire Department. All lots must be provided with
adequate fire I1ow.
(14) All permits required by the Yakima Regional Clean Air Agency shall be
obtained.
(15) The applicant shall submit a CLOMR to FEMA, and if the project proceeds
to construction, a LOMR to the effective flood insurance rate map shall be submitted in
order to reflect as -built conditions.
(16) An NPDES Construction Stormwater General Permit is required if there is a
potential for stormwater discharge from the construction site. The permit requires that a
Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and
implemented for all permitted construction. The applicant shall contact the Department
of Ecology to determine if these permits are required.
(17) Due to the proximity to the Yakima Air Terminal, for the purposes of storm -
water runoff, it is preferred that retention ponds not be used, instead utilizing detention
ponds or connections to the City stormwater system.
(18) Streetlights shall he installed per the direction of the Engineering Division,
and lighting guidelines set forth by the FAA shall be followed.
(19) This plat shall he subject to the following notes, which must be placed on the
face of the plat:
(i) The addresses shown on this plat arc accurate as of the date of record-
ing, but may be subject to change. The City of Yakima Building Codes Division is
responsible for the confirmation or reassignment of addresses at the time of
building permit issuance.
(ii) 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.
Cononwood Partners, LLC
S. 64th Ave. & Occidental Ave.
94-1,ot Plat of "Anderson Park-
PLIM002-I9 and AIW013-19
30
RECEIVED
OCT 0 S 2019
CITY OF YAKIMK
PLANNING DIV
(20) Irrigation approval is required, and shall be shown on the fact of the final
plat.
(21) A current title report covering the subject property must accompany the final
long plat.
(22) Upon preliminary plat approval, the applicant has five years to submit the
final plat. In order to obtain an extension of that time period, the applicant must submit
to the City Council a written request asking to extend the approval period for a maximum
period of one year at least 30 days prior to the expiration of said approval.
(23) The subdivision requirements of YMC Table 5-2 shall be followed in
accordance with YMC § 15.05.030, except that for property lines not abutting public
rights -of -way, the side yard setback may be reduced to five (5) feet and the rear yard
setback may be reduced to fifteen (15) feet.
(24) Because the Administrative Adjustment request is part of the overall
preliminary long plat, the adjustment shall be applicable so long as the plat remains
otherwise conforming.
(25) All other requirements of the zoning and subdivision ordinance, although not
specifically set forth herein, shall be complied with in their entirety.
(26) A professional archaeological survey of the project area is recommended by
DAHP prior to construction on the property.
DATED this 3'i day of October, 2019.
Cottonwood Partners, LLC
S. 64'h Ave. R. Occidental Ave.
94-Lot flat of "Anderson Park"
PLP#002-t9 and ADJ# 013-t9
31
Gary M. Cuillier, Hearing E Examiner
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: November 5, 2019
Closed record public hearing and Resolution to consider the
Hearing Examiner's recommendation regarding the preliminary plat
of Anderson Park located in the vicinity of S 64th Ave & Occidental
Rd
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager
Eric Crowell, Associate Planner (509) 576-6736
SUMMARY EXPLANATION:
Anderson Park is a preliminary long plat that will subdivide one parcel, approximately 30.75 acres in
size, into 94 single-family residential lots. This parcel, which is located in the vicinity of S 64th Ave and
Occidental Rd at 2309 S 64th Ave, is located partially within the floodplain and is zoned Multifamily
Residential (R-3). The plat will include full urban services including sewer, water, streets with curbs,
gutters, and sidewalks on both sides of the street, and streetlights. As submitted, this plat complies
with the requirements of the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance,
Development Standards, and Traffic Concurrency.
An Administrative Adjustment is also included in this request in order to allow 5-foot side yard
setbacks and 15-foot rear yard setbacks for the proposed lots.
The Hearing Examiner held a public hearing on September 12, 2019, and issued his written
recommendation to approve the proposed preliminary plat on October 3, 2019. Council was
provided a complete printed version of the record for review on October 15, 2019 (Council --
please bring your packet to the meeting).
The record can be found online here:
https://yakima.novusagenda.com/agendapublic/CoverSheet.aspx?
Iteml D=7125&Meetingl D=778
The Public Hearing notice has been provided to all Yakima -area media, including to Decides',
KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo.
ITEM BUDGETED: NA
2
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution
Interim City Manager
BOARD/COMMITTEE RECOMMENDATION:
The Hearing Examiner issued his recommendation of approval for this project on October 3,
2019.
ATTACHMENTS:
Description Upload Date
D ProEx,sed Resdut on AndemonPark 10/2212019
Type
Resolution