HomeMy WebLinkAboutR-2008-146 Marvin Gardens Final PlatRESOLUTION NO. R-2008-146
A RESOLUTION approving the final plat of Marvin Gardens and granting an extension of
the three-year final plat review period to provide City Council the time
necessary for consideration of the final plat review for this twenty -lot
subdivision located in the vicinity of 3000 - 3100 Hathaway Avenue and
authorizing the Mayor to sign the final plat; Opportunities Industrialization
Center of Washington (OIC) and Habitat for Humanity, a Washington
Nonprofit Corporation are the applicants herein.
WHEREAS, on November 15, 2004, the Hearing Examiner held a public hearing to
consider the application submitted by Opportunities Industrialization Center of Washington and
Habitat for Humanity, a Washington Nonprofit Corporation for a twenty -lot subdivision known as
Marvin Gardens, located in the vicinity of 3000 — 3100 Hathaway Avenue (City of Yakima
Preliminary Plat #1-05); and
WHEREAS, on November 30, 2004, following an open record public hearing the
Hearing Examiner issued his Recommendation for approval of the proposed plat subject to
several conditions; and
WHEREAS, at a closed record public hearing held on January 15, 2005, the City
Council affirmed and adopted the Hearing Examiner's Findings, Conclusions and
Recommendation approving the preliminary long plat; and
WHEREAS, on October 16th 2007, the Yakima City Council approved an emergency
budget appropriation in the amount of $371,866 by means of Resolution No. R-2005-42 to fund
expenditures incurred during 2007 to provide infrastructure for the plat of Marvin Gardens
affordable housing subdivision; and
WHEREAS, on February 13, 2008, the City Council Neighborhood Development
Committee recommended that the development contract for construction and funding for the
homes to be assisted by ONDS be forwarded to the full City Council for approval as a
precondition for authorizing the contractor to begin the second phase of infrastructure work at
Marvin Gardens; and
WHEREAS, at its March 18th 2008, City Council meeting the Yakima City Council
approved a contract between the City of Yakima and OIC of Washington for construction of the
proposed buildings within the plat of Marvin Gardens. However, approval of the construction
contract ultimately delayed submittal of the final plat within the 36 month timeline established in
Yakima Municipal Code 14.20.170; and
WHEREAS, approval of this final plat now requires City Council to approve an extension
of the 36 month requirement; and
WHEREAS, the applicant has completed, or bonded for, construction of all public
improvements required as conditions of approval of the preliminary plat, and the City Engineer
has inspected, approved and accepted all plans and designs for all such required
improvements; and
WHEREAS, as this final plat comes before Council for review each member declares
that he or she has had no contact with either the applicant or opponents of the final plat, Now,
Therefore,
Jc(res)/Marvin Gardens Final Plat
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Marvin Gardens, consisting of two sheets dated
September 3, 2008 depicting a twenty -lot subdivision located in the vicinity of 3000 — 3100
Hathaway Avenue, together with its accompanying extension allowing additional time for City
Council Consideration of the final plat is approved; the Hearing Examiner's Findings,
Conclusions and Recommendation are adopted in their entirety; and the Mayor is hereby
authorized to sign the final plat. The applicant shall file the signed final plat for Marvin Gardens
for record in the Yakima County Auditor's Office immediately, or as soon thereafter as possible,
and the applicant shall be responsible for all filing fees.
ADOPTED BY THE CITY COUNCIL this 21st day of • tober, 2008.
ATTEST:
4,4TL2j,
City Clerk
2
avid dler, ayor
•
•
•
City of Yakima, Washington
Department of Community & Economic Development
Office of Environmental Planning
CITY COUNCIL PUBLIC MEETING
October 21, 2008
Final Long Plat Consideration )
for the Plat of Marvin Gardens (20 lots) )
Submitted by Opportunities )
Industrialization Center of Washington &)
Yakima Valley Partners —
Habitat for Humanity )
Location: 3000 — 3100 Hathaway Ave.)
Final Long Plat #6-08
Jeff Peters
Assistant Planner
575-6163
SUMMARY OF RECOMMENDATION.
All requirements conditional to the final approval of this plat have been satisfied. The Division
of Environmental Planning recommends Council acceptance of the final plat of Marvin Gardens.
FINDINGS
BACKGROUND.
Marvin Gardens is a 20 -lot subdivision located at 3000 — 3100 Hathaway Avenue. In open
Council session on January 18, 2005, the Hearing Examiner's recommendation, granting
preliminary approval of this long plat, was accepted by the Yakima City Council.
COMPREHENSIVE PLAN.
The 1997 Comprehensive Plan's Future Land Use Map identified the subject property as Low
Density Residential. This designation is recognized as having less than seven dwelling units per
net residential acre. Therefore, this preliminarily approved subdivision meets the intent of the
Comprehensive Plan as the plans for this development doe not exceed seven dwelling units per
net residential acre.
The Plan also provides goals and policies directed towards the provision of adequate public
utilities for new developments. Thus, this site is now fully serviced by all necessary public
utilities with access provided by Hathaway Ave.
ZONING.
The Single -Family Residential Zoning District (R-1) is characterized by 45 percent maximum lot
coverage, access to individual lots by local access streets, large front, rear and side yard setbacks,
and one and two story structures.
SUBDIVISION ORDINANCE STANDARDS.
Criteria for subdivisions are included in YMC 14.25.110, which specifies the requirements for
Plat of Marvin Gardens
Final Long Plat #1-05
OIC
3000 — 3100 Hathaway Ave.
1
subdivision design. The plat of Marvin Gardens has been found to comply with all applicable
standards and the final plat is in general conformance with the preliminary design.
ENVIRONMENTAL REVIEW.
A Determination of Nonsignificance was issued for this subdivision on September 30, 2004, and
no appeal was filed following the 14 -day SEPA appeal period. As a result, no additional SEPA
review is required for this Final,Plat.
CONDITIONS OF APPROVAL.
The approved preliminary plat required the applicant to complete all site improvements listed as
conditions in the Hearing Examiner's Recommendation of November 30, 2004 (see attached).
The conditions that must be met before the final plat can be approved consist of the following:
1. The sidewalk shown along the south side of the new street is required to be extended to the
extreme east end of the street improvement to the intersection.
2. A 12 -inch water main extension shall be required in Fruitvale Boulevard west to 30th Avenue;
an 8 -inch water main extension shall be required in 30th Avenue from Fruitvale Boulevard to
Hathaway Avenue; a 6 -inch water main extension shall be required in Hathaway Avenue; or
water service shall otherwise be provided to the proposed preliminary plat by means of such
other plans as may be approved by the City. The applicant will be reimbursed by the City's
Water/Irrigation Division for the cost of over sizing between the required 8 -inch size pipe and the
proposed 12 -inch line in Fruitvale Boulevard west to 30th Avenue.
3. All easements that are provided for irrigation lines or facilities and all 8 -foot -wide public
utility easements for existing and proposed sewer stubs that are outside the 10 -foot -wide utility
easement along the front of the lots shall be shown on the face of the plat.
4. The applicant shall provide an updated title report to confirm that the property is owned by the
parties seeking to develop the property; and
5. A construction dust plan shall be filed with, and approved by, the Yakima Regional Clean Air
Authority prior to construction.
Status: Items 1 — 5 above: All street, utility, private improvements and
permits have been engineered, reviewed and completed. The City Engineer has
evidenced his approval by signing the final plat.
Plat of Marvin Gardens
Final Long Plat #1-05
01C,,
3000 — 3100 Hathaway Ave.
2
•
•
CONCLUSION.
L The final plat is consistent with the goals, objectives and intent of the Urban Area
Comprehensive Plan and the standards of the Urban Area Zoning Ordinance.
2. The final plat meets the standards of the City of Yakima Subdivision Ordinance.
3. The final plat is in substantial conformance with the preliminary plat and the relevant
conditions of approval.
4. All construction and required improvements necessary for final plat approval have been
financially secured or completed.
RECOMMENDATION
The City Engineer's office has inspected and accepted all required physical improvements and the
City Engineer has signed the plat in affirmation of this fact. The Planning Division has reviewed
the final plat and found it to be in substantially in conformance with the terms and conditions of
preliminary plat approval. Staff, therefore, recommends City Council acceptance of the final plat
of Marvin Gardens and asks that the resolution authorizing the Mayor to sign the final plat be
adopted.
Plat of Marvin Gardens
Final Long Plat #1-05
OIC
3000 — 3100 Hathaway Ave.
3
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. &o
For Meeting of October 21, 2008
ITEM TITLE: Public Meeting to consider the final plat of Marvin Gardens submitted by
Opportunities Industrialization Center of Washington (OIC) and Yakima Valley Partners Habitat
for Humanity and extend the deadline for approving the final plat.
SUBMITTED BY: William R. Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Associate Planner, 575-6163
SUMMARY EXPLANATION:
The Plat of Marvin Gardens is a 20 -lot subdivision located at in the vicinity of 3000 — 3100
Hathaway Ave. In open Council session on January 18, 2005 the Hearing Examiner's
recommendation to approve this preliminary plat was accepted and preliminary plat approval was
granted subject to conditions.
The City Engineer's office has inspected the plat, as well as, all completed improvements and has
accepted a financial security for all improvements outstanding left on this plat. The City Engineer
has also signed the plat in affirmation of this fact. ThePlanning Division has likewise reviewed
the final plat and finds it also to be in substantial conformance with the terms and conditions of
the preliminary plat decision.
YMC 14.20.210 sets forth the following process for final plat approval:
A. Upon receipt of a proposed final plat, the City Council shall at its next public meeting set a date
for consideration of the final plat. Notice of the date, time, and location of the public meeting shall
be given to the subdivision applicant, Surveyor, City Engineer, Office of Environmental Planning,
and the Yakima County Health Officer at least four days prior to the date of the public meeting.
B. The City Council shall review the final plat during the public meeting and shall approve the final
plat if the Council determines that the final plat conforms to the conditions of preliminary plat
approval and applicable state laws and meets the requirements of this title as they existed when
the preliminary plat was approved.
C. Upon approving any final plat, the City Council shall authorize the Mayor to sign the final plat
as evidence of City Council approval. (Ord. 98-65 § 2 (part), 1998).
Resolution X Ordinance_ Contract Other (Specify) Staff Report, Hearing
Examiners Decision, Final Plat Diagram
Funding Source
APPROVAL FOR SUBMITTAL:
Manager
ity
STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to grant an extension
oftime for final plat approval, and sign the final plat of Marvin Gardens.
BOARD RECOMMENDATION: Hearing Examiner recommended approval of the
Plat of Marvin Gardens, Subdivision on November 30, 2004. Yakima City Council
approved the preliminary plat of Marvin Gardens on January 18, 2005.
COUNCIL ACTION:
OPPORTUNITIES INDUSTRIALIZATION CENTER OF WASHINGTON
and YAKIMA VALLEY PARTNERS — HABITAT FOR HUMANITY
"PLAT OF MARVIN GARDENS"
FINAL LONG PLAT#6-08
EXHIBIT LIST
City Council Public Meeting
October 21, 2008
Applicant: OIC and Habitat for Humanity
File Number: Final Long Plat#6-08
Site Address: Vicinity of 3000-3100 Hathaway Avenue
Staff Contact: Jeff Peters, Associate Planner
Table of Contents
CHAPTER A Resolution
CHAPTER B Staff Report
CHAPTER C Hearing Examiner Recommendation
CHAPTER D Vicinity Map
CHAPTER E Final Plat — Marvin Gardens
1
1
OPPORTUNITIES INDUSTRIALIZATION CENTER OF
WASHINGTON and YAKIMA VALLEY PARTNERS - HABITAT
FOR HUMANITY "PLAT OF MARVIN GARDENS"
EXHIBIT LIST
CHAPTER A
Resolution
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Resolution
10/21/08
A RESOLUTION
RESOLUTION NO. R -2008 -
approving the final plat of Marvin Gardens and granting an extension of
the three-year final plat review period to provide City Council the time
necessary for consideration of the final plat review for this twenty -lot
subdivision located in the vicinity of 3000 — 3100 Hathaway Avenue and
authorizing the Mayor to sign the final plat; Opportunities Industrialization
Center of Washington and Habitat for Humanity, a Washington Nonprofit
Corporation are the applicants herein.
WHEREAS, on November 15, 2004, the Hearing Examiner held a public hearing to
consider the application submitted by Opportunities Industrialization Center of Washington and
Habitat for Humanity, a Washington Nonprofit Corporation for a twenty -lot subdivision known as
Marvin Gardens, located in the vicinity of 3000 — 3100 Hathaway Avenue (City of Yakima
Preliminary Plat #1-05); and
WHEREAS, on November 30, 2004, following an open record public hearing the
Hearing Examiner issued his Recommendation for approval of the proposed plat subject to
several conditions; and
WHEREAS, at a closed record public hearing held on February 15, 2005, the City
Council affirmed and adopted the Hearing Examiner's Findings, Conclusions and
Recommendation approving the preliminary long plat; and
WHEREAS, on October 16th 2007, the Yakima City Council approved an emergency
budget appropriation in the amount of $371,866 by means of Resolution No. R-2005-42 to fund
for expenditures incurred during 2007 to provide infrastructure for the plat of Marvin Gardens
affordable housing subdivision; and
WHEREAS, on February 13, 2008, the City Council Neighborhood Development
Committee recommended that the development contract for construction and funding for the
homes to be assisted by ONDS be forwarded to the full City Council for approval; and
WHEREAS, at its March 18th 2008, City Council meeting the Yakima City Council
approved a contract between the City of Yakima and OIC of Washington for construction of the
proposed buildings within the plat of Marvin Gardens. However, approval of the construction
contract ultimately delayed submittal of the final plat within the 36 month timeline established in
Yakima Municipal Code 14.20.170; and
WHEREAS, approval of this final plat now requires City Council to approve an extension
of the 36 month requirement; and
WHEREAS, the applicant has completed, or bonded for, construction of all public
improvements required as conditions of approval of the preliminary plat, and the City Engineer
has inspected, approved and accepted all plans and designs for all such required
improvements; and
WHEREAS, as this final plat comes before Council for review each member declares
that he or she has had no contact with either the applicant or opponents of the fintdet,, Now,
Jc(res)/Marvin Gardens Final Plat INDEX
; A- I
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Marvin Gardens, consisting of two sheets dated September
3, 2008 depicting a twenty -lot subdivision located in the vicinity of 3000 — 3100 Hathaway
Avenue, together with its accompanying extension allowing additional time for City Council
Consideration of the final plat, is approved, the Hearing Examiner's Findings, Conclusions and
Recommendation are adopted in their entirety and the Mayor is hereby authorized to sign the
final plat. The applicant shall file the signed final plat for Marvin Gardens for record in the
Yakima County Auditor's Office immediately, or as soon thereafter as possible, and the
applicant shall be responsible for all filing fees.
ADOPTED BY THE CITY COUNCIL this 21st day of October, 2008.
ATTEST.
City Clerk
7
David Edler, Mayor
DOC.
INDEX
#A_i
OPPORTUNITIES INDUSTRIALIZATION CENTER OF
WASHINGTON and YAKIMA VALLEY PARTNERS — HABITAT
FOR HUMANITY "PLAT OF MARVIN GARDENS"
EXHIBIT LIST
CHAPTERS
Staff Report
EXHIBIT
• DOCUMENT
'
' '
>=DATE;
4.s
B-1
Staff Report
10/21/08
City of Yakima, Washington
Department of Community & Economic Development
Office of Environmental Planning
CITY COUNCIL PUBLIC MEETING
October 21, 2008
Final Long Plat Consideration )
for the Plat of Marvin Gardens (20 lots) )
Submitted by Opportunities )
Industrialization Center of Washington &)
Yakima Valley Partners —
Habitat for Humanity )
Location: 3000 — 3100 Hathaway Ave.)
Final Long Plat #6-08
Jeff Peters
Assistant Planner
575-6163
SUMMARY OF RECOMMENDATION.
All requirements conditional to the final approval of this plat have been satisfied. The Division
of Environmental Planning recommends Council acceptance of the final plat of Marvin Gardens.
FINDINGS
BACKGROUND.
Marvin Gardens is a 20 -lot subdivision located at 3000 — 3100 Hathaway Avenue. In open
Council session on January 18, 2005, the Heanng Examiner's recommendation, granting
preliminary approval of this long plat, was accepted by the Yakima City Council.
COMPREHENSIVE PLAN.
The 1997 Comprehensive Plan's Future Land Use Map identified the subject property as Low
Density Residential. This designation is recognized as having less than seven dwelling units per
net residential acre. Therefore, this preliminarily approved subdivision meets the intent of the
Comprehensive Plan as the plans for this development doe not exceed seven dwelling units per
net residential acre.
The Plan also provides goals and policies directed towards the provision of adequate public
utilities for new developments. Thus, this site is now fully serviced by all necessary public
utilities with access provided by Hathaway Ave.
ZONING.
The Single -Family Residential Zoning District (R-1) is characterized by 45 percent maximum lot
coverage, access to individual lots by local access streets, large front, rear and side yard setbacks,
and one and two story structures.
SUBDIVISION ORDINANCE STANDARDS.
Criteria for subdivisions are included in YMC 14.25.110, which specifies the requirements for
Plat of Marvin Gardens
Final Long Plat #1-05
oIc
3000 — 3100 Hathaway Ave.
1
DOC.
INDEX
subdivision design. The plat of Marvin Gardens has been found to comply with all applicable
standards and the final plat is in general conformance with the preliminary design.
ENVIRONMENTAL REVIEW.
A Determination of Nonsignificance was issued for this subdivision on September 30, 2004, and
no appeal was filed following the 14 -day SEPA appeal period. As a result, no additional SEPA
review is required for this Final Plat.
CONDITIONS OF APPROVAL.
The approved preliminary plat required the applicant to complete all site improvements listed as
conditions in the Hearing Examiner's Recommendation of November 30, 2004 (see attached).
The conditions that must be met before the final plat can be approved consist of the following:
1 The sidewalk shown along the south side of the new street is required to be extended to the
extreme east end of the street improvement to the intersection.
2 A 12 -inch water main extension shall be required in Fruitvale Boulevard west to 30th Avenue;
an 8 -inch water main extension shall be required in 30th Avenue from Fruitvale Boulevard to
Hathaway Avenue; a 6 -inch water main extension shall be required in Hathaway Avenue, or
water service shall otherwise be provided to the proposed preliminary plat by means of such
other plans as may be approved by the City. The applicant will be reimbursed by the City's
Water/Irngatnon Division for the cost of over sizing between the required 8 -inch size pipe and the
proposed 12 -inch line in Fruitvale Boulevard west to 30th Avenue.
3. All easements that are provided for irrigation lines or facilities and all 8 -foot -wide public
utility easements for existing and proposed sewer stubs that are outside the 10 -foot -wide utility
easement along the front of the lots shall be shown on the face of the plat.
4 The applicant shall provide an updated title report to confirm that the property is owned by the
parties seeking to develop the property; and
5 A construction dust plan shall be filed with, and approved by, the Yakima Regional Clean Air
Authority prior to construction.
Status: Items l — 5 above: All street, utility, private improvements and
permits have been engineered, reviewed and completed. The City Engineer has
evidenced his approval by signing the final plat.
Plat of Marvin Gardens
Final Long Plat #1-05
OIC
3000 — 3100 Hathaway Ave.
2
DOC.
INDEX
# f5 f
CONCLUSION.
1. The final plat is consistent with the goals, objectives and intent of the Urban Area
Comprehensive Plan and the standards of the Urban Area Zoning Ordinance.
2 The final plat meets the standards of the City of Yakima Subdivision Ordinance.
3. The final plat is in substantial conformance with the preliminary plat and the relevant
conditions of approval.
4. All construction and required improvements necessary for final plat approval have been
financially secured or completed.
RECOMMENDATION
The City Engineer's office has inspected and accepted all required physical improvements and the
City Engineer has signed the plat in affirmation of this fact. The Planning Division has reviewed
the final plat and found it to be in substantially in conformance with the terms and conditions of
preliminary plat approval. Staff, therefore, recommends City Council acceptance of the final plat
of Marvin Gardens and asks that the resolution authorizing the Mayor to sign the final plat be
adopted.
Plat of Marvin Gardens
Final Long Plat #1-05
olc
3000 — 3100 Hathaway Ave.
3
DOC.
INDEX
# ,3 4
1
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1
OPPORTUNITIES INDUSTRIALIZATION CENTER OF
WASHINGTON and YAKIMA VALLEY PARTNERS - HABITAT
FOR HUMANITY "PLAT OF MARVIN GARDENS"
EXHIBIT LIST
CHAPTER C
Hearing Examiner's Recommendation
EXHIBIT
DOCUMENT
C-1
Hearing Examiner's Recommendation
11/30/04
_ _ ___
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
November 30, 2004
In the Matter of a Preliminary Plat
Application Submitted by:
City of Yakima Office of Neighborhood
Development Services
For a 20 -Lot Subdivision to be
Known as "Marvin Gardens"
PREL LONG PLAT #2-04
EC #22-04
Introduction. The Hearing Examiner conducted a public hearing on November 15,
2004 and has issued this decision within 10 business days. The staff report presented by
Assistant Planner Jeff Peters recommended approval of the preliminary plat with
conditions. The applicant's representatives, Mr. Thomas Upton of Thomas F. Upton
Surveying and Mr. Marvin Miller, testified in favor of approval of the preliminary plat.
No testimony was presented in opposition to the preliminary plat at the hearing and no
written comments were received in opposition to the preliminary plat prior to the hearing.
Summary of Recommendation. The Hearing Examiner recommends approval of this
preliminary plat subject to conditions.
Basis for Decision. Based on a view of the site with no one else present on November
15, 2004; the staff report, exhibits, testimony and other evidence presented at the open
record public hearing on November 15, 2004; and a consideration of the applicable
City of Yakima Office of Neighborhood 1
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04 DOC.
INDEX
# C_�
subdivision requirements, development standards and consistency criteria; the Hearing
Examiner makes the following:
FINDINGS
Applicant. The applicant is the City of Yakima Office of Neighborhood Development
Services, 112 South 8`'' Street, Yakima, Washington 98901.
Location. The proposed preliminary plat is located on both sides of a westerly
extension of Hathaway Avenue to be constructed between North 30th Avenue and North
32nd Avenue in Yakima; parcel numbers 181314-23438 through 23449.
Application. This preliminary plat prepared by Thomas F. Upton Surveying would
divide a 4.76 -acre parcel into a 20 -lot subdivision to be known as "Marvin Gardens."
The proposed 20 single-family lots comprising a total of 3.81 acres are located in a Two -
Family Residential (R-2) zoning district and range in size from 6,124 square feet to 8,935
square feet. A pocket park is proposed which would be .19 acres or about 8,300 square
feet in size. An extension of Hathaway Avenue with a cul-de-sac at its westerly terminus
east of North 32nd Avenue would serve as access for all the lots in the plat.
Notices. Notices were provided in accordance with applicable ordinances as follows:
Mailing of SEPA/hearing notice to applicant/owners within 500 feet:
Posting of notice on property:
Mailing of SEPA determination to applicant/owners within 500 feet:
Publishing of notice of SEPA determination in newspaper
Mailing of notice of rescheduled hearing to applicant/owners
Publishing of notice of rescheduled hearing
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
2
September 3, 2004
September 22, 2004
September 30, 2004
September 30, 2004
October 26, 2004
October 27, 2004
DOC.
INDEX
# G—(
Environmental Review. The City of Yakima Planning Division is the lead agency for
this proposal under the State Environmental Policy Act (SEPA). After reviewing the
environmental checklist submitted for this proposed preliminary plat, the SEPA
Responsible Official determined that the proposal will not have a probable significant
adverse impact on the environment and issued a Determination of Non -Significance on
September 30, 2004. No SEPA appeal was filed within the 15 -day time limit allowed for
a SEPA appeal under the City's SEPA ordinance.
Zoning and Land Use of Site and Adjacent Properties. The site is zoned Two -
Family Residential (R-2). Adjacent properties have the following characteristics:
Direction Zoning Land Use
North R-2/CBDS Single-family homes/Industrial use
South R-3 Mobile home court
West R-2 Mobile home court
East R-2 CBDS/R-2 Single-family homes
Subdivision Application Requirements. Subsections 14.20.030(B)(1), (B)(2),
(B)(3), (B)(4) and (B)(5) of the Yakima Municipal Code (YMC) serve to implement the
provisions of Section 58.17.033 of the Revised Code of Washington (RCW) which states
that a fully completed preliminary plat application shall be defined by local ordinance.
Those subsections state that a subdivision application must include a completed
application, a current preliminary land title commitment, 20 copies of the proposed
preliminary plat, the application fee and a completed SEPA checklist with the SEPA fee.
Since the two title insurance commitments submitted into the record do not show the
property in the proposed plat to be in the ownership of the applicant, those commitments
need to be updated prior to the City Council's consideration of this application to confirm
that the property is owned by the parties seeking to develop the property.
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
3
DOC.
INDEX
# c—/
Preliminary Plat Content Requirements. Subsections 14.20.050(A) through (J) of
the YMC list the details that must be included on the mylar of the preliminary plat
submitted to the City Council for its approval. Insofar as Subsection 14.20.050(F)
requires that all utility easements must be shown on the face of the preliminary plat, the
location of irrigation water easements and the location of any 8 -foot -wide utility
easements for existing and future sewer stubs that will be outside the 10 -foot -wide utility
easement shown along the front of lots must be shown on the preliminary plat that is
submitted to the City Council for its consideration.
Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the
Hearing Examiner shall review a proposed subdivision during an open record public
hearing to inquire into and determine whether or not the following standards are satisfied:
1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: Subsection 15.03.030(3) of the Urban Area Zoning
Ordinance indicates that the purpose of the Two -Family Residential (R-2) zoning district
is to establish and preserve residential neighborhoods for detached single-family
dwellings, duplexes and other uses compatible with the intent of this district and also to
locate residential development ranging generally from seven to twelve dwelling units per
net residential acre in areas served by public water, sewer, police and fire services. The
SEPA Checklist indicates that the proposed preliminary plat is designed to provide
affordable and attractive single-family living units which will complement adjacent
parcels and uses. The proposed density is 5.25 dwelling units per net residential acre.
The plat will be served by public water, sewer, police and fire services. Table 4-1 of
Chapter 15.04 of the UAZO provides that single-family dwellings are Class (1) permitted
uses in the R-2 zoning district. The size and configuration of the proposed lots are
consistent with Table 5-2 of Chapter 15.05 of the UAZO which provides that the
City of Yakima Office of Neighborhood 4 1
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave. DOC.
PREL LONG PLAT #2-04; EC 22-04 INDEX
minimum lot size is 6,000 square feet per dwelling unit in the Two -Family Residential
(R-2) zoning district and that the minimum lot width is 50 feet at the rear line of the
required front yard.
2) Subsection 14.20.100(2) -- Consistency with the provisions of the
Comprehensive Plan: The City's Future Land Use Map and 1998 Comprehensive Plan
designate the subject property as suitable for Medium Density Residential development.
This proposed plat is consistent with the Medium Density Residential designation which
is characterized by a mixture of single-family detached residences and duplexes with a
variety of other housing types at a residential density ranging between seven and eleven
dwelling units per acre. This proposed plat is also consistent with the goals and
objectives of the City's Comprehensive Plan such as Goal H3 which is to preserve and
improve existing residential neighborhoods; Objective G9 which is to encourage quality
design while achieving economic growth patterns; Objective L2 which is to establish a
pattern of development that supports a sense of community; and Objective H3.1 which is
to stabilize existing, viable neighborhoods.
3) Subsection 14.20.100(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance": This proposed plat will need to be
consistent in all respects with the provisions of the City's Subdivision Ordinance. This
review and the conditions of this recommendation 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(4)(a) — Appropriate provisions for public health,
safety and general welfare: The construction of 20 new lower -to -middle -income -level
housing units which will be attractive and will complement adjacent uses will promote
the public health, safety and general welfare. There is a need in this community for the
type of use proposed for this plat and the applicant appears to be very capable of
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32"d Ave.
PREL LONG PLAT #2-04; EC 22-04
5
DOC.
INDEX
# c—/
completing a quality development within the proposed plat that will be designed to
improve the quality of life for its future residents.
5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: The
proposed lots are substantially larger than the minimum sizes that could be approved for
various types of dwelling units in the R-2 zoning district. The proposed single-family
residences will have the use of a pocket park within the plat and will be separated by a
dead-end street with sidewalks on both sides totaling 50 feet in width. The design of the
plat makes adequate provision for open spaces in that it will provide substantially more
light and air for its future residents than minimum standards would require.
6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
The preliminary plat shows on its face that all surface water will be retained on site. The
City's Engineering Division indicated at the Development Services Team (DST) meeting
held on September 1, 2004 that the improvements shown on the preliminary plat are
adequate except for the need to extend the sidewalk to North 30th Avenue.
7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: The extension of Hathaway Avenue westerly from North
30th Avenue will be constructed to City standards and will be a dead-end street with a cul-
de-sac east of North 32nd Avenue. There will be concrete sidewalks five feet wide
completely around the extended street on both sides that will extend to the intersection of
North 30th Avenue. The City's Traffic Engineering Division indicated as a part of the
DST process that the Traffic Capacity Analysis was completed on September 14, 2004;
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.
Therefore, the proposed subdivision makes adequate provisions for streets within the
development and will not trigger a need for improvement of the streets outside the
development that will be used for access by residents of the plat.
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 321th Ave.
PREL LONG PLAT #2-04; EC 22-04
6
DOC.
INDEX
# c,I'
8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops: The
proposed plat is only one block from Fruitvale Boulevard and from North 29th Avenue
and about four blocks from Castlevale Road. The evidence did not establish a need for
any special provisions for a transit stop at this proposed plat that would add only 20
residences in this area.
9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: The City's Water/Irrigation Division
indicated as a part of the DST process that a 12 -inch water main extension is needed in
Fruitvale Boulevard west to North 30th Avenue, that an 8 -inch water main extension is
needed from Fruitvale Boulevard south to Hathaway Avenue, and that a 6 -inch water
main extension is needed in Hathaway Avenue. The Water/Irrigation Division further
indicated that it will reimburse the applicant for the cost of oversizing between the
required 8 -inch size pipe and the proposed 12 -inch line in Fruitvale Boulevard west to
30th Avenue. Due to the water main extensions that will be provided primarily at the
applicant's expense, there will be adequate provisions for potable water to the plat. The
applicant indicated that irrigation water will be provided if it is practicable, which is
unknown at this time. The Building Codes Division noted that the various aspects of the
development will require plan review, permits and inspection.
10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There is a 15 -inch sewer line and manhole near the southwest corner of the
development for connection that will be adequate provision for sanitary waste disposal.
11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: The proposed plat contains a park which is about 8,300 square feet in size
and which will provide park and recreation opportunities for the future residents of the
plat. In addition, there are City parks in the general vicinity, including Chesterley Park
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
7
DOC.
INDEX
# c—f
located west of North 34th Avenue. There are adequate provisions for parks and
recreational opportunities in the plat and in the general area for a plat of this size.
12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds:
Besides the playgrounds at the schools that will be utilized by the future residents of the
area, the pocket park in the proposed plat itself may serve as a playground, as well as
other parks in the general area such as Chesterley Park.
13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and
school grounds. Castlevale School is only about four blocks from the proposed
preliminary plat. There was no testimony at the hearing regarding a need for additional
schools in the area to serve the 20 additional single-family residences that would result
from this plat.
14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks: The
City's Engineering Division indicated as a part of the DST process that the sidewalk for
the plat needs to be extended completely to North 30th Avenue so that it extends
completely around the entire westerly extension of Hathaway Avenue. With that
condition, the proposed plat will make appropriate provisions for sidewalks.
15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning
features that assure safe walking conditions for students who walk to and from
school: The evidence submitted at the hearing did not suggest a need for other planning
features of this nature in view of the size of this plat and the area in which it is located.
Although nearby streets lack sidewalks, they do not appear to have high traffic volumes.
16) Subsection 14.20.100(5) — Public use and interest: Based on the standards
discussed above, it is apparent that the public use and interest will in fact be served by the
subdivision. It complies with the City's Urban Area Zoning Ordinance, Comprehensive
Plan and Subdivision Ordinance. It makes appropriate provisions for the public health,
safety and general welfare, open spaces, drainage ways, streets, potable water, sanitary
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
8
DOC.
INDEX
# C _,
waste disposal, parks and recreation, playgrounds and sidewalks. The size and nature of
the plat does not demand provisions for other features listed in Subsection 14.20.100(4)
of the YMC and in Section 58.17.110 of the RCW.
Consistency Analysis under Subsection 16.06.020(W1 of the Yakima Municipal
Code. The following analysis involves the application's consistency with applicable
development regulations, or in the absence of applicable regulations, the adopted
Comprehensive Plan as mandated by the State Growth Management Act and the Yakima
Municipal Code. During project review, neither the City nor any subsequent reviewing
body may re-examine alternatives to, or hear appeals on, the items identified in these
conclusions except for issues of code interpretation.
a) The type of land use contemplated by the proposal (a residential
development) is permitted on this site so long as it complies with the regulations of the
zoning ordinance, subdivision ordinance, building codes and other applicable regulations.
b) The level of development (lot size, contemplated density) will not exceed
the allowable limit in the Two -Family Residential (R-2) zoning district.
c) The availability and adequacy of infrastructure and public facilities is
not an issue because the additional infrastructure that will be provided primarily at the
applicant's expense will insure that adequate infrastructure and public facilities are
available for the proposed plat.
d) The character of the proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed plat which have
been discussed in detail above. With appropriate conditions, the proposed preliminary
plat will be consistent with the development standards of applicable City ordinances.
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
9
DOC.
INDEX
#
CONCLUSIONS
1. The Hearing Examiner has jurisdiction pursuant to Section 14.20.100 of the YMC
to make a recommendation to the City of Yakima City Council regarding this application
for preliminary plat approval.
2. An environmental Determination of Non -Significance (DNS) was issued for this
project on September 30, 2004 and was not appealed within the time period for an appeal.
3. The City's Traffic Capacity Analysis of September 14, 2004 estimated that this
proposed development would add 20 net PM peak hour trips which will not exceed the
PM peak hour capacity of the City's arterial street system because reserve capacity exists
on all streets impacted by this development.
4. This proposed preliminary plat, with the conditions set forth below, is consistent
with the City's Urban Area Zoning Ordinance, Comprehensive Plan and Subdivision
Ordinance.
5. This proposed preliminary plat, with the conditions detailed below, makes
appropriate provisions for the public health, safety and general welfare and for open
spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and
recreation, playgrounds and sidewalks and, according to the weight of the evidence
presented at the hearing, is not of such a size or in such a location as would require that
specific provisions be made for the other requisite plat considerations such as transit
stops, schools, schoolgrounds and other planning features that assure safe walking
conditions for students who only walk to and from school.
6. The proposed preliminary plat is in compliance with the consistency requirements
of Subsection 16.06.020(B) of the YMC.
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
10
I
DOC.
INDEX
# e—i 1
RECOMMENDATION
The Hearing Examiner recommends to the City of Yakima City Council that the 20 -lot
preliminary plat of Marvin Gardens described in the application and in the related
documents which are assigned file numbers PREL LONG PLAT #2-04 and EC #22-04
be APPROVED, subject to compliance with the following conditions:
1. The sidewalk shown along the south side of the new street is required to be
extended to the extreme east end of the street improvement to the intersection.
2. A 12 -inch water main extension shall be required in Fruitvale Boulevard west
to 30`'' Avenue; an 8 -inch water main extension shall be required in 30th Avenue from
Fruitvale Boulevard to Hathaway Avenue; a 6 -inch water main extension shall be
required in Hathaway Avenue; or water service shall otherwise be provided to the
proposed preliminary plat by means of such other plans as may be approved by the City.
The applicant will be reimbursed by the City's Water/Irrigation Division for the cost of
oversizing between the required 8 -inch size pipe and the proposed 12 -inch line in
Fruitvale Boulevard west to 30th Avenue.
3. All easements that are provided for irrigation lines or facilities and all 8 -foot -
wide public utility easements for existing and proposed sewer stubs that are outside the
10 -foot -wide utility easement along the front of the lots shall be shown on the face of the
plat.
4. The applicant shall provide an updated title report to confirm that the property
is owned by the parties seeking to develop the property.
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30`h to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
11
DOC.
INDEX
# c_,
5. A construction dust plan shall be filed with, and approved by, the Yakima
Regional Clean Air Authority prior to construction.
DATED this 30th day of November, 2004.
City of Yakima Office of Neighborhood
Development Services (ONDS)
20 -Lot Long Plat named "Marvin Gardens"
On Hathaway Ave.:N. 30th to N. 32nd Ave.
PREL LONG PLAT #2-04; EC 22-04
12
J� 1.., . (1......,1.4_.:__
Gary M. Cuil ier, Hearing Examiner
DOC.
INDEX
# c -I
OPPORTUNITIES INDUSTRIALIZATION CENTER OF
WASHINGTON and YAKIMA VALLEY PARTNERS - HABITAT
FOR HUMANITY "PLAT OF MARVIN GARDENS"
EXHIBIT LIST
CHAPTER D
Vicinity Map
EXHIBIT
#'
DATE
D-1
Vicinity Map
8/18/04
2
7
RIVER
U'O
ST
Ca.tlevale Rd
S
2
GASTLEVA E RD
CITY OF YAKIMA, WASHINGTON
VICINITY MAP
FILE NO: FINAL ICNG PLAT#6-08
APPLICANT: CITY OF YAKIMA, ONDS
REQUEST: 20 LOT PRELIMINARY LONG PLAT SUB-
DMSION & ENVIRONMENTAL REVIEW
LOCATION: 3000 -3100 BLOCK OF HATHAWAY ST.
aea�in rt
•11.. S.
Subject Property
Yakima City Limits
• Scale —lin = 400fl
0 200 I N DEXGPLT--2-04 08/18/04
# D_/
OPPORTUNITIES INDUSTRIALIZATION CENTER OF
WASHINGTON and YAKIMA VALLEY PARTNERS - HABITAT
FOR HUMANITY "PLAT OF MARVIN GARDENS"
EXHIBIT LIST
CHAPTER E
Final Plat - Marvin Gardens
EXHIBIT
DOCUMENT
DATE
E-1
Preliminary Plat of Marvin Gardens
8/12/08
E-2
Final Plat of Marvin Gardens
9/04/08
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MARVIN GARDENS
LOCATED (N THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
SECTION 14 TOWNSHIP 17 NORTH, RANGE IS EAST, W.M.
CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON.
LEGALLIESCIDEBILCLEMILKLEABCEL APPROVALS
LOTS I, 2. 3. 4, 5. 6 AM 7 ARO TRACTS A NO S. CASEY! *COTTON, RECODED N VOLLIE 'S' Or PUTS, PAR T4, COMM *006O.ED 1105 DAY 0' 200 0TY OF MANNA €0011
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LOT 1
LOT 2
LOT 3
LOT 4
LOT S
LOT 6
LOT 7
LOT 0
LOT 1
LOT 10
LOT 11
LOT 12
LOT 13
LOT 14
LOT IS
LOT 16
LOT 17
LOT 11
LOT 11
LOT 2O
3001 HATAW4Y 4M10*
3003 HATHAWAY 4MN.0
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3007 HATHAWAY AVENUE
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Thomas F. Upton
Pso4Reoel LAM Sorrow
PO 101 3514. 127444. 11159140101 10507
TA. (501) 376-0441. 16. (574) 452-0341
TO r,.. 1-51-570-010
SHEET 1 Of 2
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