HomeMy WebLinkAboutR-2011-127 Apple Blossom Phase VII, Final Plat Approval RESOLUTION NO. R -2011 -127
A RESOLUTION approving the final plat of Apple Blossom Phase VII, a three -lot
subdivision located in the vicinity of 2140 S. 64 Avenue, and authorizing
the Mayor to sign the final plat of Apple Blossom Phase VII, United
Builders of Yakima as applicant herein.
WHEREAS, on March 24, 2011, the Hearing Examiner held a public hearing to consider
the application for a three -lot subdivision known as Apple Blossom Phase VII located in the
vicinity of 2140 S. 64 Avnue, submitted by United Builders of Yakima, City of Yakima File
Number PLP 001 -11; and
WHEREAS, on April 7, 2011, the Hearing Examiner issued his Examiner's
Recommendation recommending approval of the proposed plat subject to conditions; and
WHEREAS, at their closed record public hearing on May 3, 2011, the Yakima City
Council determined by motion that the Recommendation of the Hearing Examiner should be
affirmed and adopted by Resolution No. 2011 -112; and
WHEREAS, the applicant has completed construction of all public improvements
required as conditions of approval of the preliminary plat, and the City Engineer has inspected,
approved and accepted all such required improvements; and
WHEREAS, as this final plat comes before Council for review each member declares
that he has had no contact with either the applicant or opponents of the final plat, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Apple Blossom Phase VII, consisting of two sheets dated
August 3, 2011, showing a three -lot subdivision in the vicinity of 2140 S. 64 Avenue, is hereby
approved and the Mayor is hereby authorized to sign the final plat. The final plat for Apple
Blossom Phase VII shall be filed for record by the applicant 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 16th day of August, 2011.
Micah Cawley, ayor
ATTEST:
[ .
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of August 16, 2011
ITEM TITLE: Public Meeting and consideration of a Resolution to approve the final plat of
Apple Blossom Phase VII submitted by United Builders of Yakima.
SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Associate Planner, 575 -6163
SUMMARY EXPLANATION:
The Plat of Apple Blossom Phase VII is a three -lot subdivision located in the vicinity of 2140 S.
64 Avenue. On April 7, 2011, the Hearing Examiner recommended approval of the
preliminary plat subject to conditions, and on May 3, 2011, the Yakima City Council preliminarily
approved the plat by Resolution No. 2011 -112.
The City Engineer's office has inspected the plat, as well as all completed improvements and
has signed the plat in affirmation of this fact. The Planning 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. A staff report from the Planning Division details the conditions of
approval
YMC 14.20.210 sets forth the process for final plat approval:
Resolution X Ordinance Other (Specify) Staff Report, Hearing Examiners Decision, and
Final Plat Diagram
Funding Source
APPROVAL FOR SUBMITTAL: `�!i �0/
City Manager
STAFF RECOMMENDATION: Adopt resolution authorizing the Mayor to sign the final plat of
Apple Blossom Phase VII.
BOARD RECOMMENDATION: The Hearing Examiner recommended preliminary plat approval
on April 7, 2011 and the Yakima City Council approved the preliminary plat on May 3, 2011, by
Resolution No. 2011 - 112.
COUNCIL ACTION:
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0 City of Yakima, Washington
Department of Community & Economic Development
Office of Environmental Planning
CITY COUNCIL PUBLIC MEETING
August 16, 2011
Final Long Plat Consideration ) Final Long Plat #003 -11
for the Plat of Apple Blossom Phase VII (3 lots) ) Jeff Peters
Submitted by United Builders of Yakima ) Associate Planner
Location: Vicinity of 2140 S. 64 Avenue ) 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 Apple Blossom
Phase VII.
FINDINGS
BACKGROUND.
The plat of Apple Blossom Phase VII is a three -lot subdivision located in the vicinity of 2140
South 64 Avenue. On May 3, 2011, the Yakima City Council approved the Preliminary Plat of
Apple Blossom Phase VII by Resolution No. 2011 -112, subject to conditions.
COMPREHENSIVE PLAN.
The 2006 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 do 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, and public streets.
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.
The plat of Apple Blossom Phase VII has been found to comply with all applicable subdivision
41/ standards and the final plat is, in general conformance with the preliminary design.
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ENVIRONMENTAL REVIEW.
A Mitigated Determination of Nonsignificance was issued for this subdivision on March 1, 2011,
and no appeals were filed following the 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 April 7, 2011 (see attached).
The conditions that must be met before the final plat can be approved consist of the following:
Utilities:
1. Each lot shall be served by sanitary sewer through an individual side sewer connection to the
main which shall be installed or have an approved bond in place securing its installation prior
to the recording of the final plat, and civil engineer design plans shall be submitted and
approved by the City of Yakima Engineer in accordance with YMC Chapter 12.03.
2. The utility easement in which the public pipe is to be located shall be a minimum 16 -foot-
wide easement, or greater depending on the depth of the pipe, in accordance with YMC
12.02.010.
3. A Stormwater design completed in accordance with the Eastern Washington Stormwater
Management Manual and City of Yakima Stonnwater Guide shall be submitted and approved
•
by the City of Yakima's Stormwater Engineer.
4. All domestic water for this development shall be installed or have an approved bond in place
securing its installation in accordance with Nob Hill Water Company standards prior to the
recording of the final plat as required by YMC 12.04.050.
5. An 8- foot -wide utility easement shall be dedicated along the front of Lots A, B and C in
accordance with City of Yakima Title 12 Development Standards, and shall also be dedicated
for all existing and proposed sewer stubs in accordance with YMC 12.02.010 and 12.02.020.
6. All irrigation lines and easements are required to be shown on the face of the plat in
accordance with YMC 14.20.050.
7. The proposed 20- foot -wide access easement /driveway shall be paved prior to the recording of
the final plat in accordance with YMC 15.06.110.
Status: All utility requirements have been completed to the satisfaction of the Nob Hill Water
Association, Pacific Power, Ahtanur Irrigation District, and City of Yakima Engineering
Division.
Miscellaneous:
1. Erosion control measures shall be installed and in place prior to clearing, grading or
construction in accordance with the Washington State Department of Ecology's Erosion
Sediment Control Plan regulations.
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2. A construction dust plan must be filed with, and approved by, the Yakima Regional Clean
Air Agency.
3. Removal of vegetation by burning is prohibited.
Status: All miscellaneous requirements above will be met upon completion and recording of the
Plat of Apple Blossom Phase VII.
Plat Notes:
1. The lots shall be subject to the following notes, which must be placed on the face of the plat:
a. "Access to South 64 Avenue is prohibited. All lots shall access South 65 Avenue
by way of the minimum 20- foot -wide access and utility easement shown for lots A, B
and C of this subdivision."
b. The following addresses must be clearly shown on the face of the final plat: 2139
South 65 Avenue for Lot A; 2137 South 65 Avenue for Lot B; and 2135 South 65
Avenue for Lot C..
c. "The addresses shown on this plat are accurate as of the date of recording, but maybe
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."
Status: All required notes have been provided upon the face of the plat as evidenced by the
0 signature of the City of Yakima Subdivision Administrator.
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 Apple Blossom Phase VII and asks that the'resolution authorizing the Mayor to sign the final
plat be adopted.
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CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
April 7, 2011
In the Matter of a Preliminary Plat )
Application Submitted by: )
) PLP #001 -11
United Builders of Washington ) SEPA #003 -11
)
For a 3 -Lot Preliminary Plat in the )
R -1 Zone at 2140 South 64` Avenue )
A. Introduction. The public hearing process for this application may be sununarized
as follows:
(1) The Hearing Examiner conducted an open record public hearing for this
application on March 24, 2011.
(2) The staff report presented by Associate Planner Jeff Peters recommended
approval of this proposed 3 -lot preliminary plat which is required to undergo the long plat
procedure because it would further divide a lot within 5 years of its creation by means of
a 2009 short plat.
(3) The applicant's Development Director, Scott Clark, made suggestions relative
to three of the recommended conditions and joined in Mr. Peters' recommendation for
approval of this proposed preliminary plat subject to conditions.
(4) No other testimony and no written comments from residents or other members
of the public were submitted regarding this proposal.
(5) This recommendation has been issued within ten business days of the hearing.
United Builders of Washington 1
3 -Lot Preliminary Plat
2140 South 64 Avenue
•
PLP #001 -11; SEPA #003 -11
•
•
B. Summary of Recommendation. The Hearing Examiner recommends approval of
this preliminary plat subject to conditions.
C. Basis for Recommendation. Based on a view of the site with no one else present
on March 24, 2011; a consideration of the staff report, exhibits, testimony and other
evidence presented at an open record public hearing on March 24, 2011; and a
consideration of the applicable subdivision ordinance requirements, zoning ordinance
requirements, development standards and consistency criteria; the Hearing Examiner
makes the following:
FINDINGS
41)
I. Applicant. This preliminary plat application was submitted by United Builders of
Washington, 2112 Nob Hill Boulevard, Yakima, Washington.
II. Location. The location of the proposed preliminary plat is 2140 South 64 Avenue
in the City of Yakima. It is Assessor's tax parcel number 181332- 44559.
III. Application. This application seeks approval to subdivide a lot which is about
25,265 square feet in size into three residential lots ranging in size from 8,000 to 9,000
square feet. The property is within the Single - Family Residential (R -1) zoning district.
The lot was part of the property within a 2009 short plat. Under State and City
United Builders of Washington 2
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
•
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subdivision regulations, it may therefore now be further divided only through the long
plat process.
IV., . Notices. Notices of the March 24, 2011, open record public hearing were provided
in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima
Municipal Code, in the following manner:
Mailing of Notice of Hearing to owners within 300 feet: February 7, 2011
Publishing of Notice of Hearing in the Yakima Herald - Republic: February 7, 2011
Posting of Land Use Action Sign on the property: February 17, 2011
V. Environmental Review. The SEPA Responsible Official issued a Determination
of Nonsignificance (DNS) on March 1, 2011, which became final without an appeal.
VI. Tr Capacity Manag Ordinance. This preliminary plat of
only three lots is exempt from the traffic concun analysis specified in Chapter 12.08
of the Yakima Municipal Code.
VII. Zoning and Land Uses. The zoning of the property within the proposed
preliminary plat is Single - Family Residential (R -1). The property is currently vacant.
The adjacent properties are also zoned R -1 and are used for single- family homes:
VIII. Development Services Team: Comments from the Development Services •
Team meeting of February 15, 2011, and from public agencies with an interest in the
proposed preliminary plat were as follows:
United Builders of Washington • 3
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
O
•
•
(1) Engineering Division: The preliminary site plan shows adequate dimensions
for street improvements per City of Yakima Title 12 Development Standards. Sewer and
storm drainage will need to be provided per City of Yakima standards. 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. These plans and control measures must be completed by a
licensed Professional Engineer and then reviewed and approved.by the City of Yakima
Surface Water Engineer prior to construction. In accordance with Chapter 2 Section 2.4
of the December 2006 edition of the Department of Ecology's Guidance for UIC Wells
that Manage Stormwater, Publication Number 05 -10 -067, Underground Injection Control
(UIC) wells constructed on or after February 3, 2006, are considered new and must be
registered with the Department of Ecology (DOE) prior to construction. Therefore, if
UIC wells are used in the drainage design, the UIC wells must be registered with DOE,
and a copy of the DOE UIC well registration form containing a Professional Engineer's
stamp and signature for each well shall be delivered to the City of Yakima Surface Water
Engineer before final project approval shall be granted.
•
(2) Nob Hill Water: Nob Hill Water Association has sufficient water rights to
serve this development. There is currently a 2 -inch PVC line at the north end of parcel
#181332 -44559 which will be accessed to serve this development.
•
. (3) Ahtanum Irrigation District: No water rights will be affected by this
application. However, the Hugh Bowman ditch runs along the western edge of the
subject area site. The Irrigation District requires continued and unimpeded flow of this
ditch water. If culverts are installed or the ditch waters are piped, grates need to be
installed on the intake side to avoid debris buildup. The developer can contact the •
District if there are any questions. Additionally, the Ahtanum Irrigation District will
need to review /sign off on the subdivision mylar, and •will need an additional copy to
keep for its records. The applicant should contact the District regarding Board meeting
dates and arrange to submit the mylar for signature.
(4) Traffic Enguieering: Access for this site needs to be reconfigured so that
access is from South 65 Avenue. There appears to be enough room on the south side of
• the drainage swale along South 65 Avenue to accommodate an appropriate easement.
Residential lot access to an arterial road should be discouraged at every opportunity.
•
•
United Builders of Washington 4
3 -Lot Preliminary Plat
• 2140 South 64 Avenue
PLP #001 -11; SEPA #003 =11
•
•
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. (5) Transit: The proposed development is within Yakima Transit's service area.
The closest routes to this location stop at Washington Avenue and South 64 Avenue
(Routes 2 and 5). Yakima Transit requests sidewalks for access by special population
groups (elderly, handicapped, youth, etc.) to the fixed -route bus system.
(6) Wastewater: Wastewater connection charges shall apply. Each lot shall be
served by sanitary sewer through an individual side sewer connection to the main which
shall be installed or have an approved bond in place for its installation prior to the
. recording of the final plat, and civil engineer design plans shall be submitted and
approved by the City of Yakima Engineer in accordance with YMC Chapter 12.03. The
10- foot -wide utility easement shown on the proposed preliminary plat in which the public
• pipe is to be located must be increased to a minimum of 16 feet wide, or greater
depending on the depth of the pipe.
(7) Building Codes: Code Administration will work with Nob Hill Water
Company to provide adequate fire flow to these new single - family dwellings. Plan
• review, permits and inspections are required prior to occupancy. Addressing will be •
• 2139 South 65t Avenue for Lot A, 2137 South 65 Avenue for Lot B and 2135 South
65 Avenue for Lot C.
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IX. Jurisdiction. Sections 1.43.080, 14.05.050 and 14.20.100 of the Yakima Municipal
Code (YMC) provide that the Hearing Examiner shall hold a public hearing and submit a •
recommendation to the City Council relative to the subdivision criteria listed in Section
14.20.100 of the YMC and in Chapter 58.17 of the Revised Code of Washington.
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 determine whether the following standards are satisfied:
•
(1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: The proposed preliminary plat would be consistent
• with the intent and character of the Single - Family Residential (R -1) zoning district set
United Builders of Washington 5
3 -Lot Preliminary Plat
2140 South 64 Avenue .
PLP #001 -11; SEPA #003 -11 •
O
forth in Subsection 15.03.020(B) of the Urban Area Zoning Ordinance (UAZO). The
stated intent is to establish new residential neighborhoods for detached single- family
dwellings free from other uses except those which are . compatible with, and serve the
residents of, this district; to preserve existing residential neighborhoods for detached
single - family dwellings free from other uses to ensure the preservation of the existing
residential character, and serve the residents of, this district; and to locate moderate -
density residential development with densities . up to seven dwelling units per net
residential acre in areas served by public water and sewer service. The proposed
preliminary plat would be consistent with the use and density requirements of the R -1
zoning district. It would also be consistent with the following minimum development
requirements set forth in Chapter 15.05 of the UAZO which must be met in order to
assure land use compatibility and promote the public health, safety and welfare:
(a) Lot Coverage: The maximum lot coverage is the maximum area that
can be covered with structures and other impervious surfaces. The maximum lot
coverage in the R -1 zoning district is 45 percent. This standard is intended to
protect the open character of the zoning district according to Subsection
15.05.020(C) and Table 5 -2 of the UAZO. The proposed single - family residences
on the proposed lots will meet this standard.
II/
(b) Lot Size: The minimum lot size in the R -1 zoning district for single -
family residences served by a public water and sewer system is 7,000 square feet
according to Chapter 15.05 and Table 5 -2 of the UAZO. The proposed lots range
in size from 8,000 to 9,000 square feet, which will meet this standard.
(c) Lot Width: The minimum lot width behind the required front yard
setback in the R -1 zoning district is 50 feet according to Chapter 15.05 and Table
5 -2 of the UAZO. All proposed lots meet this standard.
(d) Structure Setbacks: The minimum structure setbacks permitted in
residential zoning districts are intended to' provide privacy, light, air and
emergency access. Setbacks along easements and rights -of -way are intended to
minimize the impacts from traffic on adjoining property owners. The applicable
minimum setbacks in the R -1 zoning district will be provided as set forth in
Subsection 15.05.020(D) and Table 5 -1 of the UAZO.
(e) Access Required: All new development shall have a minimum of 20
feet of lot frontage upon a public road or be served by an access easement at least
20 feet in width. All three lots within this preliminary plat will be served by an
United Builders of Washington 6
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
•
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easement that is 20 feet wide in accordance with Subsection 15.05.020(H) of the
UAZO.
(2) Subsection 14.20.100(2) -- Consistency with the provisions of the
Comprehensive Plan: The Urban Area Comprehensive Plan Future Land Use Map I11 -3
designates the subject property as suitable for Low Density Residential development.
The Low Density Residential designation is characterized by a residential density of less
than 7.0 dwelling units per acre (YUACP page III -14). The following goals and policies
apply to this preliminary plat application:
(a) Goal 3.1: Provide for a broad distribution of housing in Yakima that
meets the affordability and neighborhood design needs of the public. •
(b) Goal 3.3: Preserve existing neighborhoods.
(c) Policy 3.3.1: Preserve the character of neighborhoods such as historical
character, architecture, natural features and layout.
(d) Policy 3.3.2: Ensure that new development is compatible in scale, style,
density and aesthetic quality to an established neighborhood.
(3) Subsection 14.20.100(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance ": All lots in this preliminary plat will have
access upon a public street; will be provided with all necessary public utilities; will
exceed the minimum lot size for the R -1 zoning district of 7,000 square feet for single-
family residences; and will meet or exceed the minimum lot width of 50 feet as measured
at the rear of the required front yard setback. This review and the recommended
conditions are intended to ensure consistency with the provisions of the City's
subdivision ordinance which are more specifically addressed in the following sections:
( Subsection 14.20.100(4)(a) -- Appropriate provisions for public health,
safety and general welfare: The construction of new residential units which will
complement adjacent uses will make appropriate provisions for the public health, safety
and general welfare insofar as there is a need in this community for residences and
insofar as this proposed preliminary plat would be required to comply with all applicable
City development standards and all conditions of approval specified by the City Council.
United Builders of Washington 7
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11 .
(5) Subsection 14.20.100(4)(b) -- Appropriate provisions for opfit spees:
West Valley Park is located near Wide Hollow Road between South 75 and South 80
Avenues. That facility, together with lot coverage of 45 percent or less on the three lots
proposed for this preliminary plat, will satisfy this plat standard.
(6) Subsection 14.20.100(4)(c). -- Appropriate provisions for drainage ways:
Complete stormwater management and drainage design plans, specifications and
calculations must be submitted pursuant to the Eastern Washington Stormwater Manual
and the City of Yakima Stormwater Management Guide. Any underground injection
wells shall be registered with the Department of Ecology. On -site drainage will be
permitted by methods to be reviewed and approved by the City. The proposed
preliminary plat in these ways makes appropriate provisions for drainage ways.
(7) Subsection 14.20.100(4)(d) -- Appropriate provisions for streets or roads,
alleys and other public ways: The preliminary site plan shows adequate dimensions for
street improvements that comply with City of Yakima Title 12 Development Standards.
Sewer and storm drainage will need to be provided in accordance with City of Yakima
standards. These conditions will make appropriate . provisions for streets and other public
•
ways.
(8) Subsection 14.20.100(4)(e) -- Appropriate provisions for transit stops:
There is a bus stop at West Washington Avenue and South 64 Avenue (Routes 2 and 5).
This bus ,stop will make appropriate provisions for transit stops until such time as closer
transit stops are provided.
(9) Subsection 14.20.100(4)(f) -- Appropriate provisions for potable water
supplies, irrigation and other water suppliers: All lots will be served with public
domestic water and water for fire protection purposes by the Nob. Hill Water Association
through a 2 -inch PVC waterline at the north end of parcel #181332- 44559. Since the
property is within the Ahtanum Irrigation District, the District will have to sign off on the
subdivision mylar even though no water rights will be affected by this application.
(10) Subsection 14.20.100(4)(g) -- Appropriate provisions for sanitary waste
disposal: There will be appropriate provisions for sanitary waste disposal for the
proposed preliminary plat in the form of public sewer service provided in accordance
with the City of Yakima's Title 12 standards. Wastewater connection charges shall
United Builders of Washington 8
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
•
•
apply. Each lot shall be served by sanitary sewer through an individual side sewer
connection to the main which shall be installed or shall have an approved bond in place to
secure its installation prior to the recording of the final plat, and civil engineer design .
plans shall be submitted and approved by, the City of Yakima Engineer in accordance
with YMC Chapter 12.03. The utility easement in which the public pipe is to be located
must be a minimum 16- foot -wide easement, or greater depending on the . depth of the
pipe.. No septic systems or other method of sewage disposal will be allowed. in the
proposed preliminary plat.
•
(11) Subsection 14.20.100(4)(h) -- Appropriate provisions for parks and
recreation: Appropriate provisions for parks and recreation areas for residents of this
proposed preliminary plat include the West Valley Park and the Apple Tree Golf Course
which are both located in the West Valley area.
(12) Subsection 14.20.100(4)(i) -- Appropriate provisions for playgrounds:
Appropriate provisions for playgrounds exist for this proposed preliminary plat due to the
size of the proposed lots and the presence of the West Valley Park in the West Valley
® area.
(13) Subsection 14.20.100(4)(j) -- Appropriate provisions for schools and
schoolgrounds. The nature of this development and the absence of comments from the
School District to suggest that this preliminary plat will lack appropriate provisions for
schools and schoolgrounds satisfy this requirement. •
(14) Subsection 14.20.100(4)(k) -- Appropriate provisions for sidewalks:
Since the proposed plat would have sidewalks along its frontage on public streets in
accordance with the City's Title 12 requirements, the proposed preliminary plat will
make appropriate provisions for sidewalks.
(15) Subsection 14.20.100(4)(1) -- Appropriate provisions for other planning
features that assure safe walking conditions for students who walk to and from
school: There was no evidence presented at the hearing of a need for other planning
features to be provided within this preliminary plat in order to make appropriate
provisions for safe walking conditions for students who walk to and from school.
United Builders of Washington 9
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
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(16) Subsection 14.20.100(5) -- Public use and interest: The evidence indicated
that this proposed preliminary plat, as conditioned, would be consistent with neighboring
land uses and would help serve the residential needs of this area. With the recommended
conditions, it will comply with the City's zoning ordinance, subdivision ordinance and
comprehensive plan. It will also make appropriate and adequate provisions for the public
health, safety and general welfare, open spaces, drainage ways, streets, transit stops,
potable water, sanitary waste disposal, parks and recreation, playgrounds and sidewalks,
and is in a location where additional provisions for schools or for additional planning
features for students who walk to and from school have not been recommended or
deemed necessary.
XI. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. The following analysis involves the consistency of the preliminary
plat with applicable development regulations, or in the absence of applicable regulations,
the adopted Comprehensive Plan as mandated by the State Growth Management Act and
the Yakima Municipal Code. During project review, neither the City nor any subsequent
reviewing body may re- examine alternatives to, or hear appeals on, the following items
identified in these conclusions except for issues of code interpretation :,
(1) The type of land use contemplated by the proposal (a residential
development in an R -1 zoning district) is permitted on this site so long as it complies with
the conditions 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) would not exceed
the allowable level of development in the Single - Family Residential (R -1) zoning district
since the proposed lot sizes satisfy the zoning ordinance requirements.
(3) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that would be provided at the applicant's
expense would ensure that adequate infrastructure and public facilities are available for
the proposed preliminary plat.
(4) The character of the . proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
United Builders of Washington 10
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
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primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed preliminary plat
which have been discussed in detail above. With the recommended conditions, the
proposed preliminary plat would 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 pursuant to Section 14.20.100 of the
subdivision ordinance.
(2) Notice of the public hearing of March 24, 2011, was given in accordance with
applicable requirements.
® (3) The SEPA Determination of Nonsignificance (DNS) for this proposed
preliminary plat was issued on March 1, 2011, and became final without any appeal.
(4) The proposed preliminary plat is exempt from traffic concurrency under the
Transportation Capacity Management Ordinance.
(5) This preliminary plat is within the Ahtanum Irrigation District and its
"Irrigation Approval" is required on the face of the plat in accordance with Section
14.20.080 of the subdivision ordinance.
(6) This preliminary plat is in compliance with the consistency requirements of
Subsection 16.06.020(B) of the Yakima Municipal Code.
(7) With the recommended conditions, the proposed preliminary plat as described
in the application narrative and site plan received January 24, 2011, is in compliance with
the City's Urban Area Comprehensive Plan, subdivision ordinance and zoning ordinance;
makes appropriate and adequate provisions for the public health, safety and general
welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds and sidewalks; and, according to the
weight of the evidence presented at the hearing, does not require that specific provisions
be, made for the other requisite plat considerations such as additional schools, additional
United Builders of Washington 11
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
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schoolgrounds or additional planning features that assure safe walking conditions for
students who walk to and from school; and serves the public use and interest.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that this proposed
three -lot preliminary plat be APPROVED in accordance with the application and related
documents submitted for file numbers PLP #001 -11 and SEPA #003 -11, and subject to
the following conditions:
(1) Each lot shall be served by sanitary sewer through an individual side sewer
connection to the main which shall be installed or have an approved bond in place
securing its installation prior to the recording of the final plat, and civil engineer design
plans shall be submitted and approved by the City of Yakima Engineer in accordance
with YMC Chapter 12.03.
(2) The utility easement in which the public pipe is to be located shall be a
minimum 16- foot -wide easement, or greater depending on the depth of the pipe, in
accordance with YMC 12.02.010.
(3) A Stonnwater design completed in accordance with the Eastern Washington
Storlwater Management Manual and City of Yakima Stormwater Guide shall be
submitted and approved by the City of Yakima's Stormwater Engineer.
(4) All domestic water for this development shall be installed or have an approved
bond in place securing its installation in accordance with Nob Hill Water Company
standards prior to the recording of the fmal plat as required by YMC 12.04.050.
(5) Erosion control measures shall be installed and in place prior to clearing,
grading or construction in accordance with the Washington State Department of
Ecology's Erosion Sediment Control Plan regulations.
United Builders of Washington 12
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11
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(6) A construction dust plan must be filed with, and approved by, the Yakima
Regional Clean Air Agency.
(7) Removal of vegetation by burning is prohibited.
(8) An 8 -foot -wide utility easement shall be dedicated along the front of Lots A,
B and C in accordance with City of Yakima Title 12 Development Standards, and shall
also be dedicated for all existing and proposed sewer stubs in accordance with YMC
12.02.010 and 12.02.020.
(9) All irrigation lines and easements are required to be shown on the face of the
plat in accordance with YMC 14.20.050.
(10) The following note shall be placed upon the face of the final plat: "Access to
South 64 Avenue is prohibited. All lots shall access South 65 Avenue by way of the
minimum 20- foot -wide access and utility easement shown for lots A, B and C of this
subdivision."
4111 (11) The following addresses must be clearly shown on the face of the final plat:
2139 South 65 Avenue for Lot A; 2137 South 65 Avenue for Lot B; and 2135 South
65 Avenue for Lot C.
(12) The proposed 20- foot -wide access easement /driveway shall be paved prior to
the recording of the final plat in accordance with YMC 15.06.110.
(13) 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."
DATED this 7 day of April, 2011.
Gary M. Cuillier, Hearing Examiner
United Builders of Washington 13
3 -Lot Preliminary Plat
2140 South 64 Avenue
PLP #001 -11; SEPA #003 -11