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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 DOC. INDEX # 1 1 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. INDEX 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 DOC. INDEX (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 DOC. INDEX (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 DOC. INDEX # ,4,4 - (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 DOC. INDEX 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 DOC. INDEX 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 DOC. INDEX (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 10 DOC. INDEX (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 DOC. 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 DOC. INDEX # ��- 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 DOC 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 DOC. 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 DOC. 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