HomeMy WebLinkAboutR-2010-130 Preliminary Plat and Master Planned Development of Cameo Court at Apple TreeRESOLUTION NO R-2010-130
A RESOLUTION approving a preliminary long plat and planned development, for the
Preliminary Plat of Cameo Court at Apple Tree, a thirty-nine lot
subdivision, located in the vicinity of Coolidge and South 88th Avenues
WHEREAS, on September 9, 2010, the Hearing Examiner held an open -record public
hearing to consider the application for a Master Planned Development and Preliminary Plat
known as Cameo Court at Apple Tree, submitted by Apple Tree Development (PLP#004-10,
VAR#002-10, SEPA#021-10, & PD #002-10), and,
WHEREAS, on September 27, 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 Meeting 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 THE CITY COUNCIL at a regular meeting and signed and approved this
16th day of November, 2010
ATTEST
City Clerk
Micah Cawley, M
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
September 27, 2010
In the Matter of a Preliminary Plat and
Master Planned Development
Application Submitted by:
Apple Tree Development, LLC
For a 39 -Lot Preliminary Plat and
Master Planned Development to be
Located at 8709 Coolidge Road and
Named "Cameo Court at Apple Tree"
PLP #004-10
PD #002-10
VAR #002-10
SEPA #021-10
A. Introduction. The preliminary findings relative to the hearing process for this
application may be summarized as follows
(1) The Hearing Examiner conducted an open record public hearing on September
9, 2010
(2) The staff report presented by Assistant Planner Joseph Calhoun recommended
approval of this preliminary plat and master planned development subject to enumerated
conditions
(3) The applicant's representative for this project, Glen Durull, indicated that this
project which has received a favorable recommendation from the Planning Division will
help stimulate fobs and the local real estate market.
(4) The applicant's project engineer for this project, Dennis Whitcher of
Huibtregtse, Louman Associates, Inc., testified about details of this proposal and
requested clarification as to several recommended street improvement requirements
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
1
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# .M -
(5) No other testimony and no written comments from the public were submitted
relative to this proposal
(6) The record was closed except for receipt of additional written clarification of
the recommended condition regarding the applicant's obligations in the event that the
private streets are ever made public That information relative to removal of the gate in
that event was received from Mr Calhoun by means of an e-mail dated September 13,
2010, which will be included in the record for this matter
(7) This recommendation has been issued within ten business days of receipt of
the information submitted by Mr Calhoun on September 13, 2010
B. Summary of Recommendation. The Hearing Examiner recommends approval of
this preliminary plat and master planned development subject to conditions.
C. Basis for Recommendation. Based on a view of the site with no one else present
on September 6, 2010, the staff report, exhibits, testimony and other evidence presented
at the open record public hearing on September 9, 2010, the conditions of the SEPA
MDNS dated August 19, 2010, which became final without an appeal, the information
submitted by Mr Calhoun on September 13, 2010, and a consideration of the applicable
subdivision requirements, development standards and consistency criteria, the Hearing
Examiner makes the following:
FINDINGS
I. Applicant. The applicant is Apple Tree Development, LLC, 2550 Borton Road,
Yakima, Washington.
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
2
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II. Location. The location of the proposal is at the northeast corner of the intersection
of Coolidge. Road and South 88th Avenue at 8709 Coolidge Road The Assessor's Tax
Parcel numbers are 181331-42003 and 42004
III. Application. This application includes the following preliminary plat and master
planned development features
(1) A subdivision of approximately 9 4 acres of Single -Family Residential (R-1)
property into 39 single-family residential lots is proposed. There would be 14 lots in
Phase 1, 11 lots in Phase 2 and 14 lots in Phase 3 which would comply with the minimum
7,000 -square -foot lot size requirement and all other R-1 zoning district requirements
The lots would range in size from 7,200 square feet to 9,600 square feet in size and result
in about 5 2 dwelling units per net residential acre
(2) A master planned development application has been submitted in order to
allow 87th Avenue and two cul-de-sacs therefrom to be private, gated streets.
(3) A variance application has been submitted in order to allow the planned
development to be 9 4 acres in size rather than the minimum 10 -acre size required by the
zoning ordinance
IV. Notices. The application was subject to a requirement for public notification
followed by a 20 -day comment period. During the comment period any person had the
right to comment on this application and become a party of record to the review process
No written public comments were submitted. Notices of the application and public
hearing were provided in accordance with applicable ordinances, including Titles 14, 15
and 16 of the Yakima Municipal Code (YMC) They include the following
Publishing of Notice of Application and Hearing
Mailing of Notice of Application and Hearing.
Posting of Land Use Action Sign on the Property
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
3
July 23, 2010
July 23, 2010
July 26, 2010
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V. Environmental Review. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance (MDNS) under File No SEPA #021-10 on August 19,
2010, which became final without an appeal and which required the following mitigation
measures
"(1) 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 any clearing, grading or construction.
(2) The soils shall be sampled and analyzed for lead and arsenic and for
organochlorine pesticides If contaminants are found at concentrations above the MTCA
clean-up levels Ecology recommends that potential buyers are notified of their
occurrence
(3) Complete stormwater design plans, specifications and runoff/storage
calculations supporting the stormwater design are required to be submitted to the Surface
Water Engineer pursuant to the Eastern Washington Stormwater Manual and City of
Yakima standards UIC wells, if used, shall be registered with DOE
(4) A dust control plan is required to be submitted to, and approved by, the
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 prior to the commencement of site preparation.
(5) An 8 -inch main line for public water shall be extended from the intersection
of South 88th Avenue and Coolidge Road to serve the development. Plans shall be
developed in conjunction with Nob Hill Water and submitted to the City of Yakima
Engineering Department.
(6) Sanitary sewer is required to be extended to and through the development.
Plans shall be submitted to the City of Yakima Engineering Department.
(7) During project construction, all contractors shall adhere to the City of Yakima
noise regulations regarding hours of construction."
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
4
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VI. Transportation Capacity Management Ordinance Review. Transportation
Concurrency Analysis was completed on August 6, 2010 It indicated 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. The
project is expected to generate 39 PM Peak Hour Trips
VII. Development Services Team and Public Agency Comments. The
Development Services Team met on July 14, 2010 The following comments were
submitted by the Development Services Team and by public agencies regarding this
proposal
(1) Code Administration. Ron Melcher has already met with Nob Hill Water
Company to suggest locations of new fire hydrants. Plan review, permits and inspections
are required prior to occupancy of any structures Preliminary addressing has been
assigned to the lots That preliminary addressing will be shown on the face of the plat
with a note prescribed in the recommended conditions
(2) Engineering. The developer is proposing to create 39 new building lots This
development is required to have full frontage improvements per Title 12 standards
Coolidge Road is required to have full height curb, gutter and 5 -foot -wide sidewalks from
88th Avenue to the east property line of Phase 3 on the north side of Coolidge Road.
Either 50 feet of public nght-of-way, or right-of-way to the cut or fill slope if the cut or
fill extends past the 50 feet, or retaining walls at the nght-of-way, will be required. 87th
Avenue will be a private road along with the cul-de-sacs within the development. Private
roads are required to be built to City of Yakima standards These roadways require curb,
gutter and 5 -foot -wide sidewalks on both sides from Coolidge Road to the north and
around both cul-de-sacs in the development. This will be a private roadway not
maintained by the City of Yakima. A 16 -foot -wide utility, easement is required to be
dedicated around public utilities for maintenance purposes. 86th Avenue is required to
have full height curb, gutter and 5 -foot -wide sidewalks from Coolidge Road to the north
property line of Phase 3 A 50 -foot -wide public right-of-way is required. 5 -foot -wide
sidewalks on both sides are required The public right-of-ways will extend to the cut or
fill slopes where needed, or to retaining walls at the right-of-way Street lighting is
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
5
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# AA -I
required at all street intersections or at mid -block if the block is over 500 feet long.
Sewer is provided by the City of Yakima and is required to serve each newly established
lot with public sewer Sewer is required to be extended to and through the development
on 86th Avenue to the north and on Coolidge Road to the east. Water is provided by Nob
Hill Water Association and is required to serve each newly established lot with public
water All stormwater is required to be retained onsite In addition to these initial
comments, it was concluded at a meeting on July 30, 2010, that improvements to 88th
Avenue will not be required. This development will not access or use 88th Avenue. Five
feet of nght-of-way will be dedicated for future improvements 88th Avenue is currently
chip -sealed. If construction activities damage the surface, the applicant may be required
to repair the damage It was agreed that the right-of-way dedication for 86th Avenue will
be completed when the first Final Plat phase is brought in. Present at the meeting were
the applicant and staff representatives from the Legal, Engineering, Wastewater and
Planning divisions
(3) Stormwater: The applicant states that stormwater will be contained and
disposed of using swales or subsurface infiltration. If subsurface infiltration is used, the
applicant must be aware that pretreatment for solids is required. This can be
accomplished by having the solids settle out in a swale or through the use of
hydrodynamic separation. These are acceptable methods of handling runoff if designed
properly 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.
(4) Traffic Engineering. The final determination was that the right-of-way for
86th Avenue will be 50 feet wide and the street will be 36 feet wide from curb to curb
This will provide two travel lanes with parking for the present and allow three lanes
without parking in the future if needed. The number of dnveways onto 86th should be
limited to the fullest possible extent. If driveways cannot be shared between parcels, then
they should be paired to maximize spacing between driveways No direct driveway
access to Coolidge Road should be allowed [except for the shared driveway for Lots 3
and 4 of Phase 1 shown on the proposed preliminary plat] Streetlights must be installed.
[One must be installed on the north side of the intersection of 88th Avenue and Coolidge
Road, one on the north side of the intersection of 87th Avenue and Coolidge Road, and
one on the north side of the intersection of 86th Avenue and Coolidge Road]
(5) Water: Nob Hill Water Association (NHW) will require an 8 -inch main line
to be extended from the intersection of South 88th Avenue and Coolidge Road. Once this
is completed, NHW will have 1,000 gpm at 20 psi residual pressure NI -1W will work
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
6
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with the developer and City of Yakima codes to determine fire hydrant placement and
spacing requirements. If a developer has irrigation shares available to the property,
NHW works with developers 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 the lot. To avoid conflicts when NHW installs a new meter in a private
gated community, NHW will need either a set of as -built plans for the streetlights or have
a contact person who can locate the lines surrounding the private streetlights
(6) Irrigation Water (Yakima-Tieton Irrigation District). Since Parcel Number
181331-42003 is within the Yakima-Tieton Irrigation District boundary and has 9.20
shares of Yakima-Tieton irrigation water, "Irrigation Approval" will have to be shown on
the face of the plat. The applicant will need to comply with Yakima-Tieton Irrigation
District Resolution 97-5 Appropriate easements will have to be shown on the mylar
(7) Department of Ecology. An 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 more than one acre of disturbed
ground. This permit requires that the SEPA checklist fully disclose anticipated activities
including building, road construction and utility placement. The permit requires that a
Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) be prepared and
implemented for all permitted construction sites. These control measures must be able to
prevent soil from being carried into surface water (this includes storm drains) by
stormwater runoff Permit coverage and erosion control measures must be in place prior
to any clearing, grading, or construction. 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, the place of use, or
period of use), then it is subject to approval from the Department of Ecology pursuant to
RCW § 90 03.380 and RCW § 90 44 100 If water is used for dust suppression, it must
be obtained legally A water right permit is required for all surface water diversions and
for any water from a well that will exceed 5,000 gallons per day
(8) Yakima Regional Clean Air Agency (YRCAA). Any contractors doing
demolition, excavation, clearing, construction, or landscaping work must file a Dust
Control Plan with YRCAA and get approval prior to the start of any of the work.
Burning is prohibited at all times during. land clearing in this location.
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
7
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# AA -1
VIII. Zoning and Land Use. The property within the proposed preliminary plat and
master planned development is zoned Smgle-Family Residential (R-1) There is
currently a model home on the western part of the property and an orchard on the eastern
part of the property Adjacent properties are all zoned R-1 and contain residential land
uses or vacant land. Parcels to the north and east are outside the Yakima city limits
IX. Jurisdiction. Sections 1 43 080, 14 05 050, 14.20 100 and 15.28 040 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 and relative to the master planned development criteria listed in
Subsection 15.28 040(D) of the UAZO
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 criteria are
satisfied.
(1) Subsection 14.20.100(A)(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: A determination of consistency with the provisions of
the City's Urban Area Zoning Ordinance involves a consideration of the following
aspects of the UAZO
(a) Consistency with Intent of R-1 Zoning District: Subsection 15 03 020(B)
of the Urban Area Zoning Ordinance (UAZO) indicates that the intent of the
Single -Family Residential (R-1) zoning district is to establish and preserve
residential neighborhoods for detached single-family dwellings and to locate
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
8
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# AA-
moderate -density residential development up to 7 dwelling units per net residential
acre in areas served by public water and public sewer The residential density
within this proposed preliminary plat is only 5.2 dwelling units per net residential
acre. The R-1 district is intended to have not more than 45% lot coverage, access
to individual lots by local access streets, large front, rear and side setbacks, and
one or two story structures All proposed development in the plat will meet the
45% lot coverage requirement, all lots will have access to a private or public street
meeting City street standards, and all lots will have at least the standard front yard
setback, side yard setback and rear yard setback. These features indicate that the
proposed preliminary plat and residential planned development will be consistent
with the intent of the R-1 zoning district.
(b) Consistency with Intent of Master Planned Development Provisions.
Subsection 15.28 O10(A) of the UAZO states that planned development
regulations are intended to provide flexibility in design and building placement,
promote attractive and efficient environments that incorporate a variety of uses,
densities, and/or dwelling types, provide for economy of shared services and
facilities, and economically utilize the land, resources and amenities A residential
master planned development is designed to provide a type or mixture of residential
dwellings with attendant streets, utilities, public facilities, and appurtenant
common open space and recreational facilities, or other areas or facilities A
residential master planned development is authorized in any residential zone. It
allows gated, private streets and other facilities, which is the reason why this
planned development application has been submitted. The proposed preliminary
plat is consistent with the intent of the master planned development provisions.
(c) Consistency with the development standards of the R-1 zoning district: No
adjustments or variances from the R-1 zoning district development standards are
being requested. The proposed preliminary plat and master planned development
will comply with the 45% maximum lot coverage limitation, the applicable
setback standards, the 35 -foot maximum height limitation, the seven -unit -per -acre
maximum residential density limitation, and all other development standards of
the R-1 zoning district.
(2) Subsection 14.20.100(A)(2) -- Consistency with the provisions of the
Comprehensive Plan: The City's Future Land Use Map and Comprehensive Plan
designate the property within the proposed preliminary plat as suitable for low density
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
9
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residential development. This proposed preliminary plat is consistent with that
designation and is also consistent with other provisions of the Comprehensive Plan that
encourage infilling, recognize the need for public water and sewer, encourage disposal of
surface drainage on-site and encourage development consistent with the general land use
pattern in the area. The density of development will be less than 7 dwelling units per
acre Specifically, the proposal is consistent with the following goals and policies of the
City's Comprehensive Plan
(a) Goal 3.2 which is to build sustainable new neighborhoods
(b) Policy 3.2 1 which, for large-scale residential projects, is to encourage
development through Residential Planned Development (Residential PD) zone
(c) Goal 3.3 which is to preserve existing neighborhoods
(d) Policy 3.3.2 which is to ensure that new development is compatible in scale,
style, density, and aesthetic quality to an established neighborhood.
(3) Subsection 14.20.100(A)(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance": As proposed and with the recommended
conditions, this proposed preliminary plat would meet all the design requirements in
Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development
standards This review and the recommended conditions are intended to ensure
consistency with the provisions of the City's subdivision ordinance as well as other
applicable City ordinances
(4) Subsection 14.20.100(A)(4)(a) — Appropriate provisions for public health,
safety and general welfare: The construction of new residential units which will
complement adjacent uses will promote the public health, safety and general welfare
insofar as there is a need in this community for single-family residences and insofar as
this proposed preliminary plat would be required to comply with all applicable City
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
10
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development standards, all mitigation measures in the SEPA MDNS and all conditions of
approval specified by the City Council.
(5) Subsection 14.20.100(A)(4)(b) — Appropriate provisions for open spaces:
The lot coverage estimated in the SEPA Checklist will be about 35% Building setbacks
for the R-1 zoning district will provide open space. The proposed preliminary plat shows
a landscaped open space area of about 9,200 square feet set aside for common area and
storm drainage disposal The applicant's narrative description indicates that homeowners
in this subdivision will have access to the Apple Tree Golf Course and neighboring
amenities such as swimming pools and family areas. These features of the proposed
preliminary plat will constitute appropriate provisions for open spaces
(6) Subsection 14.20.100(A)(4)(c) — Appropriate provisions for drainage
ways: Stormwater will be contained and disposed of using landscaped swales or
subsurface infiltration. Stormwater from homes will be directed onto landscaped areas
on each lot. The SEPA MDNS requires that complete stormwater design plans,
specifications and runoff/storage calculations must be submitted pursuant to the Eastern
Washington Stormwater Manual and the City of Yakima standards These features and
conditions will constitute appropriate drainage provisions for this preliminary plat.
(7) Subsection 14.20.100(A)(4)(d) — Appropriate provisions for streets or
roads, alleys and other public ways: The applicant will construct private streets for
Phases 1 and 2 of the proposed preliminary plat. South 87th Avenue will be gated.
Cameo Court and Cameo Place will be cul-de-sacs off of South 87th Avenue. The private
streets will comply with City standards relative to curb, gutter, 5 -foot -wide sidewalks on
both sides and streetlights from Coolidge Road to the north and around both cul-de-sacs
The applicant will construct South 86th Avenue as a public street for Phase 3 of the
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
11
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preliminary plat which will have 50 feet of right-of-way, 36 feet of roadway curb to curb,
full height curbs, gutters, 5 -foot -wide sidewalks on both sides and any other
improvements required by City street standards The applicant will also construct a full
height curb, gutter and 5 -foot -wide sidewalk on the north side of Coolidge Road from
88th Avenue to the east property line of Phase 3 Right-of-way of 50 feet, or to the cut or
fill slope if that extends past the 50 feet, or to retaining walls, is required. The applicant
will install three streetlights on the north side of Coolidge Road -- one at each of the
intersections of 88th Avenue, 87th Avenue and 86th Avenue with Coolidge Road. The
City has agreed to install the remainder of Coolidge Road from 88th to 84th Avenues The
applicant will dedicate five feet of right-of-way along South 88th Avenue for the future
improvement of that street. Frontage improvements for that street will not be required of
the applicant because the development will not access or use that street. The required
street improvements will make appropriate provisions for streets in the preliminary plat.
(8) Subsection 14.20.100(A)(4)(e) — Appropriate provisions for transit stops:
The nearest bus stop is located at Nob Hill Boulevard and South 72nd Avenue about two
miles east of the proposed preliminary plat. Appropriate provisions will be made for
transit stops for the area of the proposed preliminary plat as the need arises
(9) Subsection 14.20.100(A)(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) The applicant will extend an 8 -inch main line from 88th Avenue and Coolidge
Road to the lots NHW will work with the applicant and the City of Yakima codes to
determine fire hydrant placement and spacing requirements. One of the parcels within
the proposed preliminary plat has 9.2 shares of irrigation water The applicant will be
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
12
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# AA- I
able to install an irrigation system which NHW will operate and maintain by billing
customers according to the square footage of the lots These measures will make
appropriate provisions for potable water and irrigation water for this preliminary plat.
(10) Subsection 14.20.100(A)(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 City of Yakima public sewer service provided in
accordance with the City's Title 12 standards The applicant will extend sewer lines to
and through the proposed preliminary plat on Coolidge Road to the east and on South 86th
Avenue to the north.
(11) Subsection 14.20.100(A)(4)(h) — Appropriate provisions for parks and
recreation. Appropriate provisions for parks and recreation areas for this proposed
preliminary plat exist due to the fact that nearby neighborhood amenities such as
swimming pools and family areas will be available to homeowners in this proposed
preliminary plat and the fact that West Valley Neighborhood Park is located in the West
Valley area.
(12) Subsection 14.20.100(A)(4)(i) — Appropriate provisions for playgrounds:
Appropriate provisions for playgrounds exist within this proposed preliminary plat due to
the size of the lots and the nearby neighborhood amenities such as swimming pools and
family areas which will be available to the homeowners
(13) Subsection 14.20.100(A)(4)(j) — Appropriate provisions for schools and
schoolgrounds: The nature of this development, the existence of West Valley High
School and other schools in the West Valley area, and the absence of comments from the
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
13
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School District to suggest that this preliminary plat will lack appropriate provisions for
schools and schoolgrounds satisfy this requirement.
(14) Subsection 14.20.100(A)(4)(k) — Appropriate provisions for sidewalks:
Since the proposed preliminary plat will have sidewalks along its frontage on Coolidge
Road and will have interior sidewalks along its private and public streets, the proposed
preliminary plat makes appropriate provisions for sidewalks.
(15) Subsection 14.20.100(A)(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(A)(5) — Public use and interest: The evidence
indicated that this proposed preliminary plat will serve the public use and interest. It will
be consistent with neighboring land uses and will help serve the residential needs of this
area. With the recommended conditions, it will comply with the City's zoning ordinance,
Comprehensive Plan and subdivision ordinance 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 and sidewalks
It is of a design and in a location where additional provisions for parks, playgrounds,
schools or separate walking paths to school have not been recommended or deemed
necessary
XI. Master Planned Development Review Criteria. Subsection 15.28 040(D) of
the UAZO provides that the Hearing Examiner shall review a proposed master planned
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
14
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INDEX
development during an open record public hearing to inquire into and determine whether
or not the following criteria are satisfied
(11) The master plan development application demonstrates the economic and
efficient use of land and provides for an integrated and consistent development plan
for the site: The proposed development is consistent with the R-1 zoning district and the
Low Density Residential future land use designation. The proposed lot sizes and lot
widths conform to the minimum standards of the R-1 zone for lot size (7,000 square feet)
and lot width (50 feet wide) The development will be completed in three phases Phases
1 and 2 will be gated and contain private streets. Phase 3 will contain a public street.
The proposed development is an integrated, consistent, economic and efficient use of
land.
(2) The applicant has identified development standards and uses that are
consistent with the master plan and designed in a manner that is compatible with
adjacent land uses after consideration of applicable mitigation and site design. The
Hearing Examiner may consider development standards that are different from
currently adopted development standards in order to provide flexibility in site
planning; to implement project design and concepts; to respond to market
conditions, or to otherwise achieve the public benefits contemplated by the concept
plan: The proposed single-family homes within the planned development would be
consistent and compatible with adjacent residential land uses The site design is typical
of a residential neighborhood with lot sizes that are consistent with the proposed use and
with private and public streets that meet City Standards. There are no requested
deviations from development standards The streets are acceptable to City Engineering.
The only reason for the master planned development application is to allow private, gated
streets within the proposed preliminary plat.
(3) Consideration shall be given to "low impact development" concepts:
"Low Impact Development" is defined m Section 15 02 020 of the UAZO as stormwater
management and land development strategies that emphasize conservation and use of
existing natural site features integrated with disturbed, small-scale stormwater controls to
more closely mimic natural hydrologic patterns in residential settings. This project
adheres to the definition of low impact development by retaining stormwater onsite. The
proposed lot density of 5.2 dwelling units per net residential acre, the estimated 35% lot
coverage, and the open space for a storm drainage swale will ensure that stormwater
facilities will be adequate
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
15
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INDEX
(4) There will be adequate infrastructure capacity available by the time each
phase of development is completed: This project is proposed to be completed in three
phases Utilities and infrastructure will be provided for each phase of development by
the time it is completed.
(5) The Master Planned Development contains design, landscaping,
parking/traffic management, and use mixture and location that limit or mitigate
conflicts between the Master Planned Development and adjacent uses.
Consideration shall be given to site planning that supports land use flexibility
through means of appropriate setbacks, landscaping, sitescreening, buffers, and
other design features or techniques: The proposed project adheres to all applicable
development standards for landscaping, parking, setbacks and sitescreening. No
adjustments to R-1 zoning district standards are being requested
(6) All potential significant off-site impacts including noise, shading, glare,
and traffic have been identified and mitigation incorporated to the extent
reasonable and practical: This requirement has been satisfied. The SEPA MDNS
dated August 19, 2010, contains findings and mitigation measures dealing with noise,
light, glare and traffic A Transportation Concurrency Analysis was completed on
August 6, 2010 The analysis concluded that the project will be expected to generate 39
PM peak hour trips and that reserve capacity exists on all impacted streets
(7) The project is designed and includes appropriate consideration of open
spaces and transportation corridors, designs of streets and public open space
amenities, and results in the functional and visual appearance of one integrated
project: The project is for a private, gated master planned development. Open space for
drainage is included. Sidewalks are provided on both sides of the interior streets The
project will have the visual appearance of an integrated project.
(8) The proposed project is not adverse to the public health, safety, or
welfare: The mitigation measures of the SEPA MDNS dated August 19, 2010, along
with the recommended conditions, mitigate any identified adverse impacts to the public
health, safety or welfare
(9) The public benefits of approving the Master Planned Development
outweigh the effect of modification of standards to the underlying zoning district:
There are no modifications being requested to the development standards of the R-1
zoning district.
(10) The proposed development is designed to be consistent with the
provisions of the Shoreline Master Program and Critical Areas Ordinance of the
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
16
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INDEX
appropriate jurisdiction: This criterion does not apply The subject property does not
contain and is not adjacent to Shorelines or Critical Areas.
(11) The need for a Development Agreement required by Section 15.28.050 of
the UAZO containing a narrative description of the project and objectives; a
summary of development standards; site plan elements; development phasing,
including times of performance to preserve vesting; public meeting summaries;
performance standards and conditions addressing the above items; criteria for
determining Major vs. Minor modifications and amendments; and property owner
signatures ((Subsection 15.28.030(B)(5) of the UAZO)): The draft Development
Agreement submitted as part of the master planned development application must be
modified, as necessary, to include a summary of the September 9, 2010, public hearing
and future public meetings and/or hearings. The Minor Modifications section on page 5
of the draft agreement must be modified so that Minor Modifications undergo a Type (2)
Review as required by Section 15.28 080 of the UAZO rather than a Type (1) Review
XII. Master Planned Development Variance Review Criteria. The applicant is
requesting a variance from Section 15.28 025 of the UAZO The requested variance is to
allow a reduced minimum project size for a master planned development from the 10 -
acre minimum to 9 4 acres The purpose of Chapter 15.21 of the UAZO is to empower
the Hearing Examiner to vary the strict application of any of the requirements of the
zoning ordinance The criteria for a variance are set forth in Section 15.21 030 of the
UAZO The applicant is required to clearly establish and substantiate that the requested
variance conforms to all of the following standards
(1) That granting the variance will be consistent with the general purpose
and intent of this title and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare: Granting of this variance would be consistent with
the general purpose and intent of the Urban Area Zoning Ordinance It would allow a
single-family residential development in the Single -Family Residential zoning district
which complies with all R-1 zoning district development standards No injury to the
neighborhood or detriment to the public welfare would result from allowing the proposed
master planned development of 9 4 acres rather than 10 acres
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
17
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"NDEX
(2) That granting the variance will not permit the establishment of any use
not permitted in a particular zoning district: The proposed use of single-family
homes is permitted outright as a Class (1) use in the R-1 zoning district. No uses that are
not permitted in the R-1 zoning district would be allowed as a result of this variance.
(3) That unique circumstances exist. There must exist special circumstances
or conditions, fully described in the findings, applicable to the land or structures for
which the variance is sought. The special circumstances or conditions must be
peculiar to such land or structures and not generally applicable to land or
structures in the neighborhood. The special circumstance or conditions must also
be such that the strict application of the provisions of this title would deprive the
applicant of reasonable use of such land or structure: Unique circumstances do exist.
The subject property contains approximately 9 4 acres of land. It is likely that the subject
property contained the required 10 acres for a planned development prior to dedication of
right-of-way for Coolidge Road and South 88m Avenue. Strict application of the 10 -acre
standard would deprive the applicant of a reasonable use of the land because it would
preclude private, gated streets on a portion of the property which would be consistent
with portions of the existing Apple Tree residential development to the south.
(4) That unnecessary hardship exists. It is not sufficient proof of hardship to
show that lesser cost would result if the variance were granted. Furthermore, the
hardship complained of cannot be self-created; nor can it be established on this
basis by one who purchases without knowledge of the restrictions. It must result
from the application of this title to the land or structure. It must be suffered
directly by the property in question, and evidence of variance granted under similar
circumstances shall not be considered. Neither nonconforming uses nor neighboring
lands or structures, nor buildings in other zoning districts, shall be considered as
controlling factors for the issuance of a variance: An unnecessary hardship does exist.
Lesser cost would not result if this variance is granted. If anything, granting of the
variance will result m greater development cost for the applicant for the gate system and
maintenance of the private streets. The hardship is not self-created as the property has
decreased in size as a result of land dedication for public projects
(5) That granting of the variance is necessary for the reasonable use of the
land or structure: Granting of the requested variance is necessary to utilize private,
gated streets for a portion of the project which is a reasonable use of the property
(6) That the variance as granted by the Hearing Examiner is the minimum
variance that will accomplish this purpose: The requested variance of 0 6 of an acre in
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
18
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INDEX
# SQA -I
size is the minimum variance that would accomplish the purpose of allowing this 9 4 -acre
site to be developed as a master planned development which i& required to be 10 acres in
size absent approval of a variance
XIII. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. The following analysis involves the consistency of the preliminary
plat and master planned development with applicable development regulations, or in the
absence of applicable regulations, the adopted Comprehensive Plan as mandated by the
State Growth Management Act and the Yakima Municipal Code During project review,
neither the City nor any subsequent reviewing body may re-examine alternatives to, or
hear appeals on, the items identified in these conclusions except for issues of code
interpretation. The consistency criteria are
(1) The type of land use contemplated by the proposal (a single-family
residential development) is allowed as a Class (1) use permitted outright 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
(2) The level of development (lot size, contemplated density) will not exceed the
allowable level of development in the Single -Family Residential (R-1) zoning district
since the lot sizes will comply with the minimum 7,000 -square -foot size requirement, and
the density of development will only be 5.2 dwelling units per net residential acre.
(3) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that will be provided at the applicant's
expense will insure that adequate infrastructure and public facilities are available for the
proposed preliminary plat and master planned development.
(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
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
19
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INDEX
4 /
and master planned development which have been discussed in detail above With the
MDNS conditions and the additional recommended conditions, the proposed preliminary
plat and master planned development will be consistent with the development standards
of applicable City ordinances
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of a proposed preliminary plat and master planned development
pursuant to Section 14 20 100 of the subdivision ordinance and Section 15.28 040 of the
zoning ordinance
(2) Public notices were provided in accordance with applicable requirements, and
no public comments were received.
(3) The project was reviewed and approved under the Transportation Capacity
Management Ordinance on August 6, 2010
(4) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for
this proposed preliminary plat and master planned development on August 19, 2010,
which contains seven required mitigation measures that became final without any appeal
(5) The proposed preliminary plat and master planned development of Cameo
Court at Apple Tree, with the requested planned development size variance from 10 acres
to 9 4 acres, is in compliance with the City's Comprehensive Plan, zoning ordinance and
subdivision 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 walking conditions for students who walk to and from school.
(6) This proposed preliminary plat and planned development is in compliance with
the consistency requirements of Subsection 16 06 020(B) of the Yakima Municipal Code
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
20
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INDEX
# AA-
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the proposed
39 -lot preliminary plat and master planned development of Cameo Court at Apple Tree,
with a variance of the minimum planned development size from 10 acres to 9 4 acres, as
described in the application and related documents which are assigned file numbers PLP
#004-10, PD #002-10, VAR #002-10 and SEPA #021-10 be APPROVED, subject to the
following conditions
(1) The seven mitigation measures of the SEPA MDNS dated August 19, 2010,
under File No SEPA #021-10 shall be complied with.
(2) The applicant and City of Yakima shall enter into a Development Agreement
codifying all development standards and conditions of approval prior to Final Plat
approval which shall be recorded in accordance with RCW Ch. 36 70B and all other laws
applicable to development agreements
(3) As a condition of the Development Agreement, the streets within Phases 1 and
2 of the planned development shall be required to be private and shall never be accepted
by the City of Yakima as public streets unless accepted by City Engineering.
(4) A note shall be placed on the face of the Final Plat stating that "The streets
within Phases 1 and 2 of this plat are private. If the streets are ever to be made public, the
gate will have to be removed at that time "
(5) The draft Development Agreement shall be modified to include a summary of
public meetings
(6) The section in the development agreement for Minor Modifications shall be
changed so that Minor Modifications will undergo Type (2) Review
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
21
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tiNDEX
(7) A current title certificate shall be submitted to the City's Department of
Community and Economic Development, consisting of a report listing all parties having
an interest in the "land" to be divided and a legal description of the "land."
(8) The developer shall submit detailed plans for frontage improvements, private
roads, and water and sewer connections to the City Engineer for approval, and shall build
or bond said improvements prior to approval of the final plat in accordance with Title 12
of the YMC
(9) Right-of-way for South 86th Avenue shall be dedicated along with the first
phase Final Plat approval
(10) This Plat hes within the Yakima-Tieton Irrigation District service area and
therefore, "Irrigation Approval" shall be shown on the face of the Long Plat in
accordance with Subsection 14.20.200(0) of the YMC
(11) The following preliminary addresses must be clearly shown on the face of
the final plat.
Phase 1
Phase 2
Phase 3
Lot 1 2013 S 87th Ave
Lot 1 2005 S 87th Ave
Lot 1 2013 S 86th Ave
Lot 2 2012 S 87th Ave
Lot 2 2003 S 87th Ave
Lot 2 2011 S 86th Ave
Lot 3 8703 Coolidge Rd
Lot 3 2001 S 87th Ave
Lot 3 2009 S 86th Ave
Lot 4 8705 Coolidge Rd
Lot 4 8701 Cameo P1
Lot 4 2007 S 86th Ave
Lot 5 2010 S 87th Ave
Lot 5 8703 Cameo Pl
Lot 5 2005 S 86th Ave
Lot 6 8704 Cameo Ct
Lot 6 8705 Cameo PI
Lot 6 2003 S 86th Ave
Lot 7 8706 Cameo Ct
Lot 7 8707 Cameo PI
Lot 7 2001 S 86th Ave
Lot 8 8708 Cameo Ct
Lot 8 8708 Cameo P1
Lot 8 2000 S 86th Ave
Lot 9 8707 Cameo Ct
Lot 9 8706 Cameo P1
Lot 9 2002 S 86th Ave
Lot 10 8705 Cameo Ct
Lot 10 8704 Cameo P1
Lot 10 2004 S 86th Ave
Lot 11 2008 S 87th Ave
Lot 11 8702 Cameo PI
Lot 11 2006 S 86th Ave
Lot 12 2006 S 87th Ave
Lot 12 2008 S 86th Ave
Lot 13 2007 S 87th Ave
Lot 13 2010 S 86th Ave
Lot 14 2009 S 87th Ave
Lot 14 2012 S 86th Ave
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
22
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# AA -1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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.
(12) Minimum eight -foot -wide utility easements shall be dedicated along the
frontage of each lot in the subdivision in accordance with Section 12 02 020 of the YMC
(13) The Final Plat shall be prepared by a land surveyor, registered in the State of
Washington, and shall contain all the requirements of Section 14.20.200 of the YMC
along with all applicable conditions
DATED this 27th day of September, 2010
Apple Tree Development
39 -Lot Plat at 8709 Coolidge Road
"Cameo Court at Apple Tree"
PLP #004-10; PD #002-10; VAR #002-10
23
ac....ti M .
Gary M. Cuillier, Hearing Examiner
DOC.
INDEX
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. '
For Meeting of November 16, 2010
ITEM TITLE A Resolution approving Preliminary Plat and Master Planned Development of
Cameo Court at Apple Tree
SUBMITTED BY Michael A. Morales, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE Joseph Calhoun, Assistant Planner (575-6162)
SUMMARY EXPLANATION In a public meeting held before the Yakima City Council on
November 2, 2010, preliminary approval was granted to the Preliminary Plat and Planned
Development of Cameo Court at Apple Tree located at 88th and Coolidge Avenues This plat
will subdivide approximately 9 4 acres in the Single -Family Residential zoning district into 39
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 and Planned
Development of Cameo Court at Apple Tree
BOARD RECOMMENDATION The Hearing Examiner rendered his written recommendation
for approval on September 27, 2010
COUNCIL ACTION Council approved this Preliminary Plat and Planned Development on
November 2, 2010