HomeMy WebLinkAboutR-2010-131 Malibu Subdivision Preliminary PlatRESOLUTION NO R-2010-131
A RESOLUTION granting conditional preliminary plat approval for the Preliminary Plat of
Malibu Subdivision, a fourteen lot subdivision for property located at the
southwest corner of Chestnut Avenue and S 66th Avenue
WHEREAS, September 23, 2010, the Hearing Examiner held a public hearing to
consider the application for a fourteen lot subdivision located at the southwest corner of
Chestnut Avenue and S 66th Avenue and known as Malibu Subdivision submitted by Casey and
Christi Kitt (Preliminary Long Plat # 005-10), and,
WHEREAS, on October 7, 2010, the Hearing Examiner issued his Recommendation for
approval of the proposed plat subject to several conditions, and,
WHEREAS, the proposed Application conforms with the City of Yakima Zoning
Ordinance, Subdivision Ordinance, Development Standards Ordinance, and other applicable
land use regulations, and,
WHEREAS, at the Closed Record Public Hearing on November 2, 2010, after notice
duly given according to the requirements of the Yakima Municipal Code, the Yakima City
Council adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff
to prepare a resolution reflecting the same, 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 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 of approval of the Application herein A copy of
the Recommendation is attached hereto as Exhibit A and incorporated herein by this reference
Section 3. Findings. The Yakima City Council adopts the findings of the Hearing
Examiner's Recommendation 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 CITY COUNCIL at a regular meeting and signed and approved this 16th day of
November, 2010
ATTEST
Micah Cawley, ' or
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RIECOMMENDATION & DECISION
October 7, 2010
In the Matter of a Preliminary Plat
And a Class (3) Duplex Use
Application Submitted by:
Casey and Christi Kitt
For a 14 -Lot Preliminary Plat with
12 of the Lots to be Used for Duplexes
And Two of the Lots to be Used for
Single -Family Residences in the R-1
Zone in the Vicinity of South 66th
Avenue and West Chestnut Avenue
PLP #005-10
CL (3) #007-10
SEPA #023-10
A. Introduction. The open record public hearing process for this application may be
summarized as follows
(1) The Hearing Examiner conducted a public hearing on September 23, 2010
(2) The staff report presented by Assistant Planner Alice Klein recommended
approval of this proposed 14 -lot preliminary plat containing 12 duplexes and 2 single-
family residences, subject to enumerated conditions
(3) The applicants' representative, Rick Wehr of PLSA Engineering & Surveying,
testified in favor of the proposal. He indicated that South 66th Avenue will be widened,
that sewer will be extended up South 66th Avenue, and that the lot frontage and access
Casey and Christi Kitt
S 66`h & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
1
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requirements were provided by means of the lot and driveway configuration of the duplex 1
lots in relation to South 66th Avenue
(4) No one else submitted testimony or written public comments regarding the
proposal 1
(5) This recommendation regarding the proposed preliminary plat and this
decision regarding the proposed Class (3) duplex use have been issued within ten
business days of the hearing.
B. Summary of Recommendation and Decision. The Hearing Examiner
recommends approval of this preliminary plat to be known as Malibu Subdivision, and, 1
contingent upon approval of the preliminary plat, approves the requested Class (3) duplex
use for Lots 1 through 12 of the preliminary plat, subject to the recommended conditions. 1
C. Basis for Recommendation and Decision. Based on a view of the site with no 1
one else present on September 17, 2010, a consideration of the staff report, exhibits,
testimony and other evidence presented at an open record public hearing on September
23, 2010, and a consideration of the applicable subdivision ordinance requirements,
zoning ordinance requirements, development standards and consistency criteria, the
Hearing Examiner makes the following. 1
FINDINGS 1
I. Applicants. The applicants are Casey and Christi Kitt, 11405 Amber Crest Place,
Yakima, Washington. '
Casey and Christi Kitt 2 1
S 666 & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
DOC.
IND(
II. Location. The location of the proposed preliminary plat is in the vicinity of South
66th Avenue and West Chestnut Avenue It is Assessor's tax parcel number 181320-
44002
III. Application. The main aspects of this application may be summarized as follows
(1) The proposed preliminary plat of Malibu Subdivision would subdivide a
parcel which is approximately 3 84 acres in size into 14 residential lots ranging in size
from about 9,310 square feet to about 17,430 square feet.
(2) The lots would be developed with 12 duplexes having access to and from
South 66th Avenue and 2 single-family residences having access to and from West
Chestnut Avenue. There would be a total of 26 dwelling units.
(3) The property is within the Single -Family Residential (R-1) zoning district.
(4) This application was received on June 30, 2010 A Notice of Complete
Application was issued on July 21, 2010 A Notice of Application, Public Hearing and
Environmental Review was mailed on August 2, 2010, with a 20 -day comment period
that ended on August 22, 2010 A SEPA Mitigated Determination of Nonsignificance
was issued on August 27, 2010, which became final without any appeals being filed by
September 10, 2010
IV. Notices. Notices of the September 23, 2010, open record public hearing and SEPA
review were provided in accordance with applicable ordinances, including Titles 14, 15
and 16 of the Yakima Mumcipal Code (YMC), in the following manner
Mailing of Notice of Hearing
Publishing of Notice of Hearing
Posting of Land Use Action Sign on the Property
Mailing of SEPA MDNS
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
3
August 2, 2010
August 2, 2010
August 16, 2010
August 27, 2010
DOC.
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V. Environmental Review. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance (MDNS) on August 27, 2010, which became final
without an appeal The mitigation measures are
"(1) Proponent shall contact the Washington State Department of Ecology, Water
Resources Program to ensure legal nght to water, and obtain a water rights permit if
necessary (Sections 90 03.380 RCW & 90 44 100 RCW) A copy of any permit or
approval shall be provided to the City of Yakima pnor to the commencement of site
preparation.
(2) A NPDES Construction Stormwater General Permit from the Washington
State Dept. of Ecology is required. The permit requires that Stormwater Pollution
Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all
permitted construction sites Permit coverage and erosion control measures must be in
place prior to and [any] clearing, grading or construction.
(3) Complete stormwater design plans, specifications and runoff/storage
calculations supporting the stormwater design are required pursuant to the Eastern
Washington Stormwater Manual and City of Yakima Standards If Underground
Infection Control (UIC) wells are used in the drainage design, they must be registered
[with] DOE
(4) A dust control plan is required to be submitted to, and approved [by] Yakima
Regional Clean Air Authority prior to commencement of any phase of construction. A
copy of this approval shall be provided to the City of Yakima Code Administration pnor
to any site preparation.
(5) Burning is prohibited at all times during land clearing.
(6) Title 12 requires full frontage improvement along the frontage of S 66th
Avenue and Chestnut Avenue Interior access ways shall be built to meet the fire code
access requirements
(7) Sewer mains shall be extended in both S 66th Avenue and W Chestnut
Avenue
(8) If required by the irrigation company, an irrigation pump house shall be
located on a deeded lot with access
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
4
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(9) During project construction all contractors shall adhere to the City of Yakima
noise regulations regarding hours of construction.
(10) All conditions, not herein mentioned, for fire and life safety shall comply
with the 2006 IFC standards "
VI. Transportation Capacity Management Ordinance. Transportation Capacity
Analysis pursuant to Chapter 12 08 of the Yakima Municipal Code was completed on
August 26, 2010 The analysis concluded that this development will not exceed the PM
peak hour capacity of the City's arterial street system and that reserve capacity exists on
all streets impacted by this development. This review does not include any site
development or safety issues which may be discussed at the project level or SEPA
review Nor does the review address intersection level of service
VII. Zoning and Land Use. The zoning of the property within the proposed
prehmmary plat is Single -Family Residential
following characteristics
(R-1) The adjacent properties have the
Direction Zoning
North Single -Family Residential (R-1)
South Single -Family Residential (R-1)
East Single & Two -Family Residential (R-1 & R-2)
West Single -Family Residential (R-1)
Land Use
Vacant Land & Residential
Residential
Residential
Residential
VIII. Development Services Team. Comments from the Development Services
Team meeting of July 29, 2010, and from public agencies with an interest in the proposed
preliminary plat were as follows
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
5
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(1) Code Administration. All flag lots with 20 -foot -wide access ways shall be
marked with permanent "NO PARKING -- FIRE LANE" signs complying with sections
D103 6 1 and 2 of the 2006 IFC Plan review, permits and inspections are required prior
to occupancy of any dwelling. Addressing shall be as set forth in the recommended
conditions All addresses must be clearly shown on the face of the final plat. In addition,
the following note shall be placed upon the face of the final 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 Division is responsible for the confirmation or
reassignment of addresses at the time of building permit issuance.
(2) Engineering. This development requires full frontage improvements along the
west side of South 66th Avenue and along the south side of West Chestnut Avenue
Frontage improvements will be required on both South 66th Avenue & West Chestnut
Avenue The east side of South 66th Avenue currently has a 30 -foot -wide roadway with
Bituminous Surface Treatment (BST) South 66th Avenue is classified as a residential
street and will require 20 feet of right-of-way for this development. A residential street
standard width is 50 feet of right-of-way with a 33 -foot width from back of curb to back
of curb Frontage improvements on South 66th Avenue shall extend from the south line
of the development to Chestnut Avenue and consist of curb, gutter and a 5 -foot -wide
sidewalk. Fifteen feet of pavement is required from the centerline and/or to the edge of
the BST Chestnut Avenue is classified as a neighborhood collector street and will
require 30 feet of nght-of-way along the north property line with frontage improvements
to include curb, gutter and a 5 -foot -wide sidewalk and 20 feet of pavement from the east
property line to the westernmost property line on Chestnut Avenue. The standard width
for a neighborhood collector street is 60 feet of nght-of-way that includes 34 feet from
back of curb to back of curb Sewer is required to be extended from the existing sewer to
the north edge of the property and from the east edge of Chestnut to the westernmost
property line All sewer lines will need to be in the public nght-of-way or in 16 -foot -
wide public utility easements. Water is provided by Nob Hill Water Association and is
required to serve each lot. All drainage is required to be retained on site
(3) Wastewater: The applicant is required under Section 12 03 020 of the YMC to
extend the public sewer line to the most northern edge of South 66th Avenue and West
Chestnut Avenue and shall also extend the sewer line in Chestnut Avenue to the
westernmost property line Wastewater connection charges will apply Public lines shall
be located within an easement for this development.
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
6
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(4) Stormwater: The applicant states that runoff will be collected and treated on
site These are acceptable methods if designed and sized correctly Complete stormwater
design plans, specifications and runoff/storage calculations supporting the stormwater
design arerequired pursuant to the Eastern Washington Stormwater Manual and City of
Yakima Standards. These plans and control measures must be completed by a licensed
Professional Engineer and be reviewed and approved by the City of Yakima Surface
Water Engineer prior to construction. If Underground Injection Control (UIC) wells are
used in the drainage design, the UIC wells must be registered with DOE and a copy of the
DOE UIC Well registration form with a Professional Engineer's stamp and signature for
each well shall be delivered to the City of Yakima Surface Water Engineer before final
project approval shall be granted.
(5) Streets & Traffic. This development has a number of driveways that will be
added to South 66th Avenue within a relatively short distance. Duplex lots should have
shared driveways to reduce the number of driveways onto South 66 Avenue
(6) Water: Nob Hill Water Association (NHW) will require the extension of the
8 -inch main line on West Chestnut Avenue from approximately South 68th Avenue to
South 66th Avenue This extension on West Chestnut Avenue will require the lines on
South 66th Avenue and South 67th Avenue to be tied into the new West Chestnut Avenue
main line Once this is completed, NHW will provide 4,000 gpm at 20 psi residual
pressure. Currently, NHW has a 6 -inch AC main line located on the east side of South
66th Avenue The placement and spacing requirements of hydrants, if additional hydrants
are required, shall be addressed during the plan review phase This parcel is within the
Yakima Valley Canal Company service area. Imgation shares are available to the
property and compliance with the irrigation district's regulations is required. NHW will
work with the developer to ensure that the irrigation shares are utilized by installing and
maintaining an irrigation system within the development, paid for by the developer
NHW will then operate and maintain the system and bill the customers according to the
square footage of their lot. If revisions need to be made to the existing turnout from
Yakima Valley Canal, it will be at the developer's expense An irrigation pump house
may be needed for this development on a deeded lot with access
(7) Department of Ecology (DOE). Relative to water quality, the. NPDES
Construction Stormwater General Permit from the Washington State Department of
Ecology is required if there is a potential for stormwater discharge from a construction
site with disturbed ground. Erosion control measures must be in place prior to any
Casey and Christi Kitt
S 66`" & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA 4023-10
7
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clearing, grading, or construction. These control measures must be effective to prevent
soil from being carried into surface water by stormwater runoff Any discharge of
sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter
90 48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for
Surface Waters of the State of Washington, and is subject to enforcement action.
Relative to water resources, the water purveyor is responsible for ensuring that the
proposed use(s) are within the limitations of its water rights. If the proposal's actions are
different than the existing water right (source, purpose, place of use, or period of use),
then it is subject to approval from DOE pursuant to RCW sections 90 03 380 and
90 44 100 Relative to toxic clean-up, based upon the historical agricultural use of this
land, there is a possibility the soil contains residual concentrations of pesticides Ecology
recommends that the soils be sampled and analyzed for lead, arsenic, organochlorine
pesticides, and total petroleum hydrocarbons If these contaminants are found in
concentrations above the Model Toxics Control Act (MTCA) clean-up levels, Ecology
recommends that potential buyers be notified of their occurrence.
(8) Yakima Regional Clean Air Agency (YRCAA). All contractors doing
demolition, excavation, clearing, construction or landscaping work must file a Dust
Control Plan with YRCAA prior to the commencement of work. Burning is prohibited
where the proposed preliminary plat is located.
IX. Jurisdiction. Sections 1 43 080, 14 05 050 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 relative to the subdivision criteria listed in Section
14.20 100 of the YMC and in Chapter 58 17 of the Revised Code of Washington.
Section 15 15 040 of the UAZO provides that the Hearing Examiner shall hold a public
heanng and prepare written findings, conclusions and a decision relative to the zoning
ordinance criteria for Class (3) uses.
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
8
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X. Preliminary Plat Review Criteria. Section 14.20 100 of the YMC 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(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: The proposed preliminary plat would be consistent
with the intent and character of the Single -Family Residential (R-1) zoning district set
forth in Subsections 15 03 020(B)(1) and 15 03 020(B)(3) of the Urban Area Zoning
Ordinance (UAZO) The intent stated in those provisions is first to establish new
residential neighborhoods for detached single-family dwellings free from other uses
except those which are compatible with, and serve the residents of this district, which
may include duplexes and zero lot lines if established during the subdivision process, and
also to locate moderate -density residential development with densities up to seven
dwelling units per net residential acre in areas served by public water and sewer service
The proposed preliminary plat would be consistent with the use and density requirements
of the R-1 zoning district. It would also be consistent with the following minimum
development requirements set forth in Chapter 15 05 of the UAZO which must be met in
order to assure land use compatibility and promote the public health, safety and welfare
(a) Lot Coverage. The maximum lot coverage is the maximum area that
can be covered with structures and other impervious surfaces The maximum lot
coverage m the R-1 zoning district is 45 percent. This standard is intended to
protect the open character of the zoning district ((Subsection 15 05 020(C) and
Table 5-2 of the UAZO)) The proposed duplexes and single-family residences on
the proposed lots will meet this standard.
(b) Lot Size. The minimum lot size in the R-1 zoning district for single-
family residences is 7,000 square feet and for duplexes is 8,000 square feet
(Chapter 15 05 and Table 5-2 of the UAZO) The proposed lots range in size from
about 9,310 to about 17,430 square feet, which will meet this standard.
(c) Lot Width. The minimum lot width behind the required front yard
setback m the R-1 zoning district is 50 feet (Chapter 15 05 and Table 5-2 of the
UAZO) All proposed lots meet this standard.
Casey and Christi Kitt
S 66th & W Chestnut Avenues
1 4 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
9
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(d) Structure Setbacks. The minimum structure setbacks permitted in
residential zoning districts are intended to provide pnvacy, fight, air and
emergency access Setbacks along easements and right-of-way are intended to
minimize the impacts from traffic on adjoining property owners. The minimum
front setback in the R-1 zoning district is 20 feet from the front property line; the
minimum side yard setback is 10 feet from the side property line when abutting a
right-of-way; the minimum side yard setback not abutting a nght-of-way is 5 feet
from the property line, and the minimum rear yard setback is 20 feet from the
property line ((Subsection 15 05 020(D) and Table 5-1 of the UAZO))
(e) Access Required. All new development shall have a minimum of 20
feet of lot frontage upon a public road or be served by an access easement at least
20 feet in width. All lots within this subdivision have frontage along a public road
except for Lot 5 Lot 6 will provide a 20 -foot -wide access and a public utility
easement to Lot 5 Lots 2, 9 and 12 will have a 20 -foot -wide access to South 66th
Avenue ((Subsection 15 05 020(H) of the UAZO))
(f) Sidewalk Requirement. Sidewalks on one side of the street are required
with new construction. A sidewalk is required if one exists within two hundred
feet of the development on the same side of the street. ((Subsection 15 05 020(J)
of the UAZO)) This developer must install a sidewalk along the frontage on the
west side of South 66th Avenue and along the frontage on the south side of West
Chestnut Avenue
(2) Subsection 14.20.100(2) -- Consistency with the provisions of the
Comprehensive Plan: The Urban Area Comprehensive Plan Future Land Use Map
designates the subject property as suitable for Low Density Residential development.
The Low Density Residential designation is characterized by a residential density of less
than 7 0 dwelling units per acre (YUACP page I11-14) The following goals and policy
apply to this preliminary plat application.
(a) Goal 3.1. Provide for a broad distribution of housing in Yakima that
meets the affordability neighborhood design needs of the public
(b) Goal 3.2. Build sustainable new neighborhoods
(c) Goal 3.3. Preserve existing neighborhoods.
Casey and Christi Kitt
S 66`i' & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
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(d) Policy 3.3.2. Ensure that new development is compatible in scale,
style, density and aesthetic quality to an established neighborhood.
(3) Subsection 14.20 100(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance": All lots in this preliminary plat will have
access upon a public street, will be provided with all necessary public utilities, will
exceed the minimum lot size for the R-1 zoning district of 7,000 square feet for single-
family residences and 8,000 square feet for duplexes, and will meet or exceed the
minimum lot width of 50 feet as measured at the rear of the required front yard setback.
This review and the recommended conditions are intended to ensure consistency with the
provisions of the City's subdivision ordinance which are more specifically addressed in
the following sections
(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 make appropriate provisions for the public health, safety
and general welfare insofar as there is a need in this community for residences and
insofar as this proposed preliminary plat would be required to comply with all applicable
City development standards, all mitigation measures in the SEPA MDNS and all
conditions of approval specified by the City Council
(5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces:
Gailleon Park is about 0 13 of a mile from the proposed preliminary plat. That feature,
together with lot coverage of 45% or less on the lots proposed for this preliminary plat,
will constitute appropriate provisions for open spaces
(6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
An NPDES Construction Stormwater General Permit from the Department of Ecology is.
required. Complete stormwater management and drainage design plans, specifications
and calculations must be submitted pursuant to the Eastern Washington Stormwater
Manual and the City of Yakima Stormwater Management Guide. Any underground
injection wells shall be registered with the Department of Ecology On-site drainage will
be permitted by methods to be reviewed and approved by the City SEPA MDNS
Mitigation Measures #2 and #3 contain these requirements and they are also contained in
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
11
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INDEX
the recommended preliminary plat conditions The proposed preliminary plat in these
ways makes appropriate provisions for drainage ways
(7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: SEPA MDNS Mitigation Measure #6 requires Title 12
full frontage improvements along the frontage of South 66th Avenue and West Chestnut
Avenue It also requires that interior access ways comply with the fire code access
requirements. A recommended condition requires the dedication of street right-of-way
needed for the frontage improvements Frontage improvements will include pavement,
curb, gutter and a five -foot -wide sidewalk along both frontages These conditions will
make appropnate provisions for streets and other public ways
(8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops: The
nearest bus stops are located on Tieton Dnve about 400 feet south of the site and at the
Harmon Center about 1,200 feet northeast of the site. These bus stops make appropnate
provisions for transit stops until such time as closer transit stops are provided.
(9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: All lots will be served with public
domestic water and water for fire protection purposes by the Nob Hill Water Association
(NHW) through waterlines extended northerly m South 66th Avenue to West Chestnut
Avenue and westerly in West Chestnut Avenue to the westerly property line of the site
Domestic waterlines must be installed to City of Yakima and Nob Hill Water Association
standards. Waterlines must be installed or bonded pnor to final plat approval The site is
within the Yakima Valley Canal Company service area. Imgation water shares are
available for use on the property, which requires compliance with the imgation distnct's
regulations NHW will work with the developer to ensure that the irrigation shares are
utilized by installing and maintaining an irrigation system within the development, paid
for by the developer NHW will then operate and maintain the system and bill the
customers according to the square footage of their lot. Such improvements will constitute
appropriate provisions for potable and imgation water for the proposed preliminary plat.
(10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There will be appropnate provisions for sanitary waste disposal for the
proposed preliminary plat in the form of public sewer service provided in accordance
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
12
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# ��- i
with the City of Yakima's Title 12 standards The SEPA MDNS and the recommended
conditions require sewer mains to be extended in both South 66th Avenue and West
Chestnut Avenue No septic systems or other method of sewage disposal will be allowed
in the proposed preliminary plat.
(11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: Appropnate provisions for parks and recreation areas for this proposed
preliminary plat exist due to the proximity of Gailleon Park about 0 13 of a mile from the
proposed preliminary plat.
(12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds:
Appropriate provisions for playgrounds exist for this proposed preliminary plat due to the
size of the proposed lots and the proximity of Gailleon Park located about 0 13 of a mile
northeast of the proposed preliminary plat.
(13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and
schoolgrounds. The nature of this development, the fact that Summitview Elementary
School is about 0 13 of a mile from the site and that West Valley Middle School is about
1 1 miles from the site, and the absence of comments from the School District to suggest
that this. preliminary plat will lack appropriate provisions for schools and schoolgrounds
satisfy this requirement.
(14) Subsection 14.20.100(4)(k) — Appropriate provisions for. sidewalks:
Since the proposed plat would have 5 -foot -wide sidewalks along its frontage on public
streets in accordance with the City's Title 12 requirements, the proposed preliminary 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: There was no evidence presented at the hearing of a need for other planning
features to be provided within this preliminary plat in order to make appropriate
provisions for safe walking conditions for students who walk to and from school
(16) Subsection 14.20.100(5) — Public use and interest: The evidence indicated
that this proposed preliminary plat, as conditioned, would be consistent with neighboring
Casey and Christi Kitt
S 66"' & W Chestnut Avenues
14 -Lot Preliminary Plat wl Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
13
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INDEX
land uses and would help serve the residential needs of this area. With the recommended
conditions, it will comply with the City's zoning ordinance, subdivision ordinance and
comprehensive plan. It will also make appropriate and adequate provisions for the public
health, safety and general welfare, open spaces, drainage ways, streets, transit stops,
potable water, sanitary waste disposal, parks and recreation, playgrounds and sidewalks,
and is in a location where additional provisions for schools or for additional planning
features for students who walk to and from school have not been recommended or
deemed necessary
XI. Criteria for Approval of a Class (3) Use through Type (3) Review. The
criteria for approval of Class (3) uses set forth in Subsections 15 02 020, 15 04 020(C)
and 15 15 040(E) of the UAZO are compatibility, compliance and consistency with the
intent, character, provisions and development standards of the zoning district and zoning
ordinance, as well as with. the objectives and development cntena of the Yakima Urban
Area Comprehensive Plan. Duplexes are Class (3) uses in the R-1 zoning district. Class
(3) uses are "generally not permitted in a particular district." They may, however, be
permitted by the Hearing Examiner after a public hearing But the Hearing Examiner's
findings and conclusions are required to set forth specific reasons and ordinance
provisions demonstrating that his decision satisfies the following requirements set forth
for approval of Class (3) uses in Subsections 15 02 020, 15 04 020(C) and 15 15 040(E)
of the Urban Area Zoning Ordinance (UAZO)
(1) Compliance and Compatibility with the Objectives and Development
Criteria of the Comprehensive Plan. The proposed Class (3) duplex use in the
proposed preliminary plat is compliant and compatible with the comprehensive plan
insofar as the proposed duplexes provide for a low density residential density of less than
seven dwelling units per net residential acre (YUACP page III -14) The proposed
duplexes also are compliant and compatible with Goal 3 1 which is to provide for a broad
distribution of housing in Yakima that meets the affordability and neighborhood design
Casey and Christi Kitt
S 66`'' & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
14
DOC.
INDEX
needs of the public, Goal 3.2 which is to build sustainable new neighborhoods, Goal 3.3
which is to preserve existing neighborhoods, and Policy 3.3.2 which is to ensure that new
development is compatible in scale, style, density and aesthetic quality to an established
neighborhood.
(2) Compliance and Compatibility with the Intent, Character, Provisions and
Development Standards of the Single -Family Residential (R-1) Zoning District. The
proposed duplexes will be compliant and compatible with the intent and character of the
R-1 zoning district set forth in Subsection 15 03 020(B)(1) of the UAZO to establish new
residential neighborhoods for detached single-family dwellings free from other uses
except those which are compatible with, and serve the residents of this distract, which
may include duplexes and zero lot lines if established during the subdivision process.
They will also be compliant and compatible with the intent and character of the R-1
zoning district set forth in Subsection 15 03 020(B)(3) of the UAZO to locate moderate -
density residential development with densities up to seven dwelling units per net
residential acre in areas served by public water and sewer service They will likewise be
compliant and compatible with the minimum development requirements set forth in
Chapter 15 05 of the UAZO that must be met to assure land use compatibility and
promote the public health, safety and welfare. They will finally be compliant and
compatible with the character of the district because surrounding uses include single-
family, two-family and multi -family residential dwellings and because they will have
direct access to South 66th Avenue and will be served by all necessary infrastructure
XII. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. The following analysis involves the consistency of the preliminary
plat 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 Dunng 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
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
15
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INDEX
# AA -:I
(1) The type of land use contemplated by the proposal (a residential
development in an R-1 zoning district) is permitted on this site so long as it complies with
the conditions of the SEPA Mitigated Determination of Nonsignificance and the
conditions imposed by the Yakima City Council, as well as the regulations of the zoning
ordinance, subdivision ordinance, building codes and other applicable regulations The
two proposed single-family residences are Class (1) uses permitted outright on the site
and the 12 proposed duplexes are permitted on the site where, as here, they satisfy the
criteria for approval of Class (3) uses
(2) The level of development (lot size, contemplated density) would not exceed
the allowable level of development in the Single -Family Residential (R-1) zoning district
since the proposed lot sizes satisfy the zoning ordinance requirements
(3) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that would be provided at the applicant's
expense would ensure that adequate infrastructure and public facilities are available for
the proposed preliminary plat with the proposed Class (3) duplexes for 12 of the lots and
the proposed single-family residences for two of the lots
(4) The character of the proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed preliminary plat
with the proposed Class (3) duplex use which have been discussed in detail above With
the MDNS conditions and the additional recommended conditions, the proposed
preliminary plat with the proposed Class (3) duplex use on 12 of the lots would be
consistent with the development standards of applicable City ordinances
CONCLUSIONS
Based on the foregoing Findings, the Hearing Examiner reaches the following
Conclusions
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
16
DOC.
INDEX
# 411
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of a proposed preliminary plat pursuant to Section 14.20 100 of the
subdivision ordinance
(2) The Hearing Examiner has jurisdiction to approve a Class (3) duplex use
where, as here, the critena for approval set forth in the zoning ordinance are satisfied.
(3) Notice of the public hearing of September 23, 2010, was given in accordance
with applicable requirements
(4) The SEPA Mitigated Determination of Nonsignificance (MDNS) for this
proposed preliminary plat containing lots for 12 duplexes and 2 single-family residences
was issued on August 27, 2010, and contains ten mitigation measures that became final
without any appeal.
(5) With the recommended conditions, the proposed preliminary plat of Malibu
Subdivision is in compliance with the City's comprehensive plan, subdivision ordinance
and zoning ordinance, makes appropriate and adequate 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 walkmg conditions for students who only wank to and from school, and serves the
public use and interest.
(6) With the recommended conditions, the criteria for approval of a Class (3) use
would be satisfied so as to allow approval of the proposed Class (3) duplex use on Lots 1
through 12 of the proposed preliminary plat.
(7) The proposed preliminary plat and the proposed Class (3) duplex use on Lots 1
through 12 of the proposed preliminary plat are in compliance with the consistency
requirements of Subsection 16 06 020(B) of the Yakima Municipal Code.
(8) The Hearing Examiner's decision approving duplexes on Lots 1 through 12 of
the proposed preliminary plat, contingent upon the City Council's approval of the
proposed preliminary plat, is subject to appeal to the Yakima City Council within the
timeframe and in the manner prescribed by applicable ordinance provisions
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
17
DOC.
INDEX
RECOMMENDATION AND DECISION
The Hearing Examiner recommends to the Yakima City Council that the proposed
14 -lot preliminary plat of Malibu Subdivision be APPROVED and, contingent upon the
City Council's approval of this preliminary plat, the Heanng Examiner APPROVES the
Class (3) duplex use for Lots 1 through 12 of the preliminary plat, all in accordance with
the application and related documents submitted for file numbers PLP #005-10, CL(3)
007-10 and SEPA #023-10, and subject to the following conditions
(1) The ten mitigation measures of the SEPA MDNS shall be completed prior to
Final Plat approval
(2) A current title certificate consisting of a report listing all parties having an
interest in the "land" to be divided and a legal descnption of the "land" must accompany
the Final Long Plat in accordance with Section 14.20.200 of the Yakima Municipal Code
(3) The developer shall dedicate the street nght-of-way necessary for the
development of the Preliminary Plat of Malibu Subdivision m accordance with Chapter
12 06 of the Yakima Municipal Code.
(4) Frontage improvements shall be installed according to Title 12 standards
along both South 66th Avenue and West Chestnut Avenue.
(5) Civil engineered design plans for sanitary sewer shall be submitted and
approved by the City Engineer and built, or bonded for, pnor to Final Long Plat approval
in accordance with Chapter 12 03 of the Yakima Municipal Code
(6) Sanitary sewer line extensions are required in both South 66th Avenue and
West Chestnut Avenue
(7) Complete stormwater design plans must be reviewed and approved by the City
Casey and Christi Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
18
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INDEX
71
1
1
1
1
i
1
1
1
1
1
1
i
1
1
1
of Yakima Surface Water Engineer prior to construction UIC wells, if used, shall be
registered with DOE.
(8) Waterline extensions are required in South 66th Avenue up to West Chestnut
Avenue, and to extend west from South 66th Avenue in West Chestnut Avenue to the
westernmost property line of the proposed subdivision. Domestic water shall be installed
to City of Yakima and Nob Hill Water Association standards Waterlines shall be
installed, or bonded for, prior to Final Plat approval m accordance with Chapter 12 04 of
the Yakima Municipal Code
(9) The 20 -foot -wide access dnveways to flag lots shall be marked with
permanent "NO PARKING -- FIRELANE" signs complying with sections D103 6 and
D103 61 and 2 of the 2006 International Fire Code
(10) A construction dust control
the Yakima Regional Clean Air Agency
(11) A minimum eight -foot -wide
frontage of each lot and shown on the
12 02 020 of the Yakima Municipal Code
plan shall be filed with and approved by
utility easementmust be dedicated along the
Final Long Plat in accordance with Section
(12) The following addresses shall be clearly shown on the face of the final plat.
Lot 1
228 South 66th Avenue #1-2
Lot 8
214 South 66th Avenue #1-2
Lot 2
226 South 66th Avenue #1-2
Lot 9
212 South 66th Avenue #1-2
Lot 3
224 South 66th Avenue #1-2
Lot 10
210 South 66th Avenue #1-2
Lot 4
220 South 66th Avenue #1-2
Lot 11
206 South 66th Avenue #1-2
Lot 5
222 South 66th Avenue #1-2
Lot 12
208 South 66th Avenue #1-2
Lot 6
218 South 66th Avenue #1-2
Lot 13
6604 West Chestnut Avenue
Lot 7
216 South 66th Avenue # 1-2
Lot 14
6602 West Chestnut Avenue
Casey and Chnsti Kitt
S 66th & W Chestnut Avenues
14 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
19
DOC.
INDEX
A note shall be placed upon the face of the Final Plat' stating. "The addresses shown on
this plat are accurate as of the date of recording, but may be subject to change " The City
of Yakima Building Codes Division is responsible for the confirmation or reassignment
of addresses at the time of building permit issuance
(13) All access and public utility easements including imgation, water, storm
drainage and wastewater running through this site shall be shown on the face of the Final
Plat in accordance with Section 14 15 080 of the Yakima Municipal Code
(14) The Final Plat shall contain all requirements of Section 14.20.200 of the
Yakima Municipal Code along with all applicable conditions.
DATED this 7th day of October, 2010
Casey and Christi Kitt
S 66th & W Chestnut Avenues
1 4 -Lot Preliminary Plat w/ Duplexes
To be known as "Malibu Subdivision"
PLP #005-10; CL(3) #007-10; SEPA #023-10
20
Gary M. Cuillier, Hearing Examiner
DOC.
INDEX
# qA:-J
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No /z%
For Meeting Of. November 16, 2010
ITEM TITLE A Resolution approving Preliminary Plat of Malibu Subdivision
SUBMITTED BY Michael A. Morales, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE Alice Klein, Assistant Planner (576-6693)
SUMMARY EXPLANATION In a public meeting held before the Yakima City Council on
November 2, 2010, preliminary approval was granted to the Preliminary Plat of Malibu
Subdivision located at the southwest corner S 66th and Chestnut Avenues This plat will
subdivide approximately 3 84 acres in the Single -Family Residential zoning district into 14
parcels of record Staff requests that Council formally adopt the resolution granting this project
preliminary approval
Resolution X Ordinance Contract Other
Funding Source
APPROVAL FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION Adopt the Resolution for the Preliminary Plat of Malibu
Subdivision
BOARD RECOMMENDATION The Hearing Examiner rendered his written recommendation
for approval on October 7, 2010
COUNCIL ACTION Council approved this Preliminary Plat on November 2, 2010