HomeMy WebLinkAbout12/07/2021 06. Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the preliminary plat of Apple Tree No 4 Phase 2 submitted by Apple Tree Construction Company LLC, located at 9300 Apple Tree Parkway •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.
For Meeting of: December 7, 2021
ITEM TITLE: Closed record public hearing and Resolution to consider the
Hearing Examiner's recommendation regarding the preliminary plat
of Apple Tree No 4 Phase 2 submitted by Apple Tree Construction
Company LLC, located at 9300 Apple Tree Parkway
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Joseph Calhoun, Planning Manager
Eric Crowell, Senior Planner(509) 576-6736
SUMMARY EXPLANATION:
Apple Tree No 4 Phase 2 is a preliminary long plat submitted by Apple Tree Construction
Company LLC that will subdivide approximately 14.03 acres into 29 single-family residential lots,
and 3 tri-plex lots and three tracts. This site is located in the Single-Family Residential (R-1).
The Hearing Examiner held an open-record public hearing on August 26, 2021 and submitted a
recommendation for approval on September 10, 2021 .
Please refer to the complete hearing record which was distributed to City Council in the agenda
packet on November 16, 2021 and can be found online
at: https://www.yakimawa.gov/council/agendas-and-minutes/
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
ID Resolution 11/23/2021 Resolution
2
RESOLUTION NO. R-2021-
A RESOLUTION approving the Preliminary Long Plat of Apple Tree No. 4 — Phase
2, a 32-lot subdivision with 3 tracts, located at 9300 Apple Tree
Pkwy.
WHEREAS, on August 26, 2021, the City of Yakima Urban Area Hearing Examiner
("Hearing Examiner") held an open-record public hearing to consider the application for a
Preliminary Long Plat known as "Apple Tree No. 4 — Phase 2," consisting of 29 single-
family lots, 3 triplex lots, and 3 tracts, submitted by Apple Tree Construction Company
LLC (PLP#001-21, CL2#023-21, SEPA#004-21); and
WHEREAS, on September 10, 2021, the Hearing Examiner issued his Written
Recommendation for approval of the proposed plat, subject to conditions; and
WHEREAS, the proposed application conforms to the City of Yakima Zoning
Ordinance, Subdivision Ordinance, Development Standards Ordinance, Traffic
Concurrency Ordinance, and other applicable land use regulations; and
WHEREAS, at a Closed Record Public Hearing on December 7, 2021, after
notice duly given according to the requirements of the Yakima Municipal Code, the
Yakima City Council adopted the Hearing Examiner's Recommendation; 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 the 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 and approval of the
Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and
fully incorporated herein by this reference.
Section 3. Findings. The Yakima City Council adopts the findings of the
Hearing Examiner as its own findings herein, and further finds that the requirements of
RCW§ 58.17.110 have been met.
3
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 this 7th day of December, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
4
Exhibit "A"
Hearing Examiner's Recommendation
RECEIVED
SEP 1 0 2021
CITY OF YAKIMA
PLANNING DIV.
CITY OF YAKIMA,WASHINGTON
HEARING EXAMINER'S RECOMMENDATIONS
September 10,2021
In the Matter of Preliminary Long Plat )
And Class(2)Applications Submitted by: )
Apple Tree Construction ) PLP#001-21
Company,LLC ) CL2#023-21
SEPA#004-21
For a Preliminary Plat Consisting of 29 )
Single-Family Lots,3 Triplex Lots and
3 Tracts in the R-1 Zoning District to be )
Located at 9300 Apple Tree Parkway to )
Be Known as"Apple Tree No.4-Phase 2" )
A. Introduction. lie preliminary findings relative to the hearing process for
this matter are as follows:
(1)The Hearing Examiner conducted an open record public hearing relative
to this Preliminary Long Plat application and this Class(2)triplex application on
August 26,2021.
(2) Associate Planner Eric Crowell's thorough Planning Division staff
report recommended approval of these applications for a Preliminary Long Plat so
as to allow the creation of 29 single-family lots and 3 triplex lots plus 3
undeveloped tracts, subject to conditions. The applicant's representative for this
application,Mike Heit of HLA Engineering and Land Surveying, Inc.,presented
testimony in favor of the proposed Preliminary Long Plat with three lots for Class
(2)triplexes and pointed out that the State Department of Archeology&Historic
Apple Tree Construction Company,LLC 1
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple'tree Parkway
PLIV001-21,CL2tt023-21,SEPA#004-21
5
'ECEIVED
FP I 0 202i
r uF YAKIMA
PLANNING DIV,
Preservation letter that was received during the comment period recommended
rather than required that a professional archaeological survey be conducted.
(3) No written public comments were submitted by membcrs of the public
and no one else testified at the hearing. Pursuant to Subsections 15.05.030(E)and
15.11.100(A)(1) of the Yakima Municipal Code, this recommendation relative to
the proposed Preliminary Long Plat will also include a recommendation as to the
three Class (2) triplex uses proposed for Lots 61, 62 and 63 of the plat. This
recommendation has been issued within the requisite ten working days of the open
record public hearing.
B. Summary of Recommendations. The Hearing Examiner recommends that
the City Council approve this Preliminary Long Plat of"Apple Tree No.4-Phase
2"and three Class(2)triplexes for three of the lots,subject to conditions.
C. Basis for Recommendations. Based on a view of the site with no one else
present on August 24, 2021; the staff report, exhibits, testimony and other
evidence presented at the open record public hearing conducted on August 26,
2021; and a consideration of the applicable subdivision ordinance requirements,
zoning ordinance requirements, development standards and consistency criteria;
the I-Icaring Examiner makes and issues the following:
FINDINGS
I. Applicant/Property Owner/Representative. The applicant and property
owner is Apple Tree Construction Company, LLC, 2550 Borton Road, Yakima,
Washington 98903. The representative of the applicant/property owner for this
Apple Tree Construction Company,LLC 2
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
6
'=CEIVED
PP i 6 2021
a+- YAKIMA
PLANNING Div.
proposal is Michael Heit of HLA Engineering and Land Surveying, Inc., 2803
River Road,Yakima,Washington 98902.
II. Location. The location of the proposed Preliminary Long Plat for the
development of 29 lots for single-family residences, three lots for Class (2)
triplexes and three undeveloped tracts is 2300 Apple Tree Parkway which is to the
west off of South 861I Avenue between Occidental Road and Ahtanum Road. The
Yakima County Assessor's Parcel Numbers for the proposed Preliminary Plat are
171201-13405, 181206-23014,-23026,-23401,-23402 and-23404.
III. Applications. These applications are for a 14.03-acre Preliminary Long
Plat and for three Class (2) triplex uses in a Single-Family Residential (R-1)
zoning district. The proposed Preliminary Long Plat would allow the development
of 29 single-family lots, 3 triplex lots and 3 undeveloped tracts. The application
for approval of a Preliminary Long Plat was received on February 22, 2021. The
application for approval of a Class (2) triplex use on Lots 61, 62 and 63 was
received on May 25,2021.The applications were deemed complete for processing
by the Planning Division on May 28,2021.
IV. Jurisdiction. Sections 1.43.080 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 which shall include fmdings and
conclusions to support the recommendation relative to the subdivision criteria
listed in YMC §14.20.100(A)and in RCW Chapter 58.17.YMC §15.11.100(A)(1)
provides that the Hearing Examiner shall make a recommendation to the City
Apple Tree Construction Company,LLC 3
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
7
RECEIVED
SEP a 0 2021
CITY OF YAKIMA
PLANNING DIV.
Council relative to any uses that are proposed in conjunction with any required
approval that constitutes a recommendation to the City Council such as a
Preliminary Long Plat.
V. Notices. A Notice of Application,Environmental Review and Public Hearing
for approval of a Preliminary Long Plat(PLP#001-21), for three Class (2)triplex
uses (CL2#023-21) and for SEPA review (SEPA#004-21) was provided in
accordance with YMC Title 14 (Subdivision Ordinance), YMC Title 15 (Yakima
Urban Area Zoning Ordinance) and YMC Title 16 (Development Permit
Regulations)by posting a Land Use Action Sign on the property on April 8,2021,
and by mailing said Notice to the applicant,SEPA agencies and adjoining property
owners within 300 feet of the subject property on May 28,2021. A Notice of the
Public Hearing to be held on August 26,2021,was provided by the posting of the
Land Use Action Sign on the property on April 8, 2021; by the mailing of said
Notice to the applicant, SEPA agencies and adjoining property owners within 300
feet of the subject property on August 5, 2021; and by the publishing of said
Notice in the Yakima Herald-Republic on August 5, 2021. No comments from
neighbors or other members of the general public were received during the 20-day
public comment period for these applications.
VI. Zoning and Land Use.The subject property and all surrounding properties
are located within the Single-Family Residential(R-1)zoning district. The subject
property is currently undeveloped. The land use of properties to the north and
south is a golf course and to the east and west is residential. The main purpose of
the Yakima Urban Area Zoning Ordinance (UAZO) in Title 15 of the Yakima
Apple Tree Construction Company,LLC 4
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
8
RECEIVED
SEP 10 2021
Y OF YAKIMA
PLANNING DIV,
Municipal Code (YMC) is to implement the Yakima Urban Area Comprehensive
Plan and promote the general health, safety and welfare of the present and future
inhabitants of the Yakima Urban Area. YMC §15.03.020(B) states that the
purpose and intent of the R-1 zoning district is to:
(1) Establish new residential neighborhoods for detached single-family
dwellings free from other uses except those which are compatible with,and serve
the residents of, this district, which may include duplexes and zero lot lines if
established during the subdivision process;
(2) 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
(3)Locate moderate-density residential development, up to seven dwelling
units per net residential acre,in areas served by public water and sewer system.
(4) Detached single-family dwellings are the primary use in this district.
The district is characterized by up to sixty percent lot coverage; access to
individual lots by local access streets;required front,rear and side yard setbacks;
and one- and two-story structures. The density in the district is generally seven
dwelling units per net residential acre or less.
(5)This zone is intended to afford single-family neighborhoods the highest
level of protection from encroachment by potentially incompatible nonresidential
land uses or impacts. Nonresidential uses within these zones are not allowed;
except for public or quasi-public uses,which will be required to undergo extensive
public review and will have all necessary performance or design standards
assigned to them as necessary to mitigate potential impacts to adjacent residences.
(6)Duplex and multifamily development up to seven dwelling units per net
residential acre may be allowed in accordance with Table 4-1.
VII. Environmental Review. These applications were required to undergo
State Environmental Policy Act(SEPA)review because they involved subdivision
of land into more than nine lots in the R-1 zoning district. A Determination of
Nonsignificance(DNS)was issued on August 5,2021,which was not appealed.
Apple Tree Construction Company,LLC 5
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
9
RECEIVED
SEP 1 d 2021
r of YAKIMA
PLANNING DIV.
VIII. Transportation Concurrency Ordinance. The applicant applied for
Transportation Concurrency (TCO#003-21) on February 22, 2021. The proposal
was approved for Concurrency on August 18,2021,because it will not exceed the
PM peak hour capacity of the City arterial system, and reserve capacity exists on
all impacted streets.
IX. Development Services Team relative to Features of the Proposed
Preliminary Plat. Comments of a Development Services Team(DST)Review
conducted the week of March 8,2021,are as follows:
(1) Code Administration: Pursuant to the Chapter 5 of the Washington
State Fire Code (WSFC), publicly available fire.hydrants will be required along
streets spaced at intervals that will provide required fire flow coverage for
proposed structures in accordance with WSFC Appendix C. These findings are
not intended to be an exhaustive review of this proposal. The preliminary
addressing for the lots within this Preliminary Long Plat are the following Apple
Tree Parkway addresses:
Lot 1 8611 Apple Tree Pkwy. Lot 12 9101 Apple Tree Pkwy. Lot 56 9204 Apple Tree Pkwy.
Lot 2 8609 Apple Tree Pkwy. Lot 13 9103 Apple Tree Pkwy. Lot 57 9202 Apple Tree Pkwy.
Lot 3 8801 Apple Tree Pkwy. Lot 14 9201 Apple Tree Pkwy. _Lot 58 9200 Apple Tree Pkwy.
Lot 4 -8803 Apple Tree Pkwy. Lot 15 9203 Apple Tree Pkwy. Lot 59 9102 Apple Tree Pkwy.
Lot 5 8805 Apple Tree Pkwy. In 16 9205 Apple Tree Pkwy. Lot 60 9100 Apple Tree Pkwy.
Lot 6 8807 Apple Tree Pkwy. Lot 32 9513 Apple Tree Pkwy. Lot 61 9002 Apple Tree Pkwy.#1-3
Lot 7 8809 Apple Tree Pkwy. Lot 33 9515 Apple Tree Pkwy. Lot 62 9000 Apple Tree Pkwy.#1-3
Lot 8 8901 Apple Tree Pkwy. lot 34 9517 Apple Tree Pkwy. Lot 63 8900 Apple Tree Pkwy.#1-3
Lot 9 8903 Apple Tree Pkwy. Lot 35 9519 Apple Tree Pkwy. Lot 65 8607 Apple Tree Pkwy.
Lot 10 9001 Apple Tree Pkwy, Lot 39 9514 Apple Tree Pkwy. Lot 66 8605 Apple Tree Pkwy.
Lot 11 9003 Apple Tree Pkwy. Lot 55 9300 Apple Tree Pkwy.
(2) Engineering: Engineering comments relative to this proposed Prelim-
inary Long Plat are as follows:
Apple Tree Construction Company,LLC 6
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLY#001-21,CL2#023-21,SEPA#004-21
10
RECEIVED
SEP j f4 2021
CITY OF YAKIMA
(a) YMC Chapters 8.67 and 12.05 — Street improvemet]ti1sAM OIV.
conform to standard detail R3, including private streets, unless otherwise
approved by City Engineer. New sidewalks shall be constructed per
standard detail R5.
(b) YMC Chapter 8.64 — Driveways to be constructed per this
chapter and standard detail R4.
(c) YMC Chapter 8.72—An excavation and street break permit shall
be obtained for all work within the public right of way.
(d) YMC Chapter 12.02—Easements will need to be established per
this chapter.
(e) YMC Chapter 12.06—Private streets shall be constructed with
curbs, sidewalks, and street lighting and shall otherwise conform to the
standards for public streets.Private streets shall provide cul-de-sac/hammer
head turnaround to accommodate emergency and refuse collection vehicles.
(f) YMC §12.06.050 Cul-de-sac streets — Cul-de-sacs shall be
constructed within a street right-of-way eighty feet in diameter and have an
improved diameter of sixty-five feet. 1'he maximum length of a cul-de-sac
street shall be six hundred feet measured along the street centerline from
the nearest through street intersection to the center of the cul-de-sac.
(g) YMC §14.05.200 / §14.20.130 — All frontage improvements
shall be completed prior to long plat approval. At the discretion of the City
Engineer, the owner may bond for required frontage improvements.
Bonding shall be executed and recorded prior to or as part of approval of
the long plat. Civil engineering plans for public improvements shall be
approved prior to bonding for public improvements. All frontage
improvements shall be completed prior to Certificate of Occupancy. Civil
engineering plans for public improvements shall be approved prior to
issuance of building permits.
(3) Surface Water:For the long plat I have no comments. When civil plans
are produced for this project a Large Project Stormwater Permit shall be required.
(4) Wastewater: All proposed lots appear to have sewer available except
Lots 1,2,and 65. Sewer will need to be extended per YMC Title 12 requirements
and per City of Yakima Wastewater Standard Details.
Apple Tree Construction Company,LLC 7
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
11
RECEIVED
SEP d 0 202I
CITY OF YAKIMA
PLANNING DIV.
(5) Nob Hill Water Association: Nob Ilill Water is currently installed in
Phase 4 of Apple Tree. However, the main line must be extended to Ahtanum to
provide the necessary fire flow for homes in the area.This tie-in will also improve
reliability and water quality in this development.
(6) Department of Ecology:The Department of Ecology comments relative
to this proposed Preliminary Plat are as follows:
(a) Historical aerial photos indicate a portion of this property was
occupied by orchard during the time period when lead arsenate was applied
as a pesticide, often resulting in shallow soil contamination from lead
and/or arsenic. 'This project is required to conduct soil sampling prior to
development under the Model '1'oxics Control Act (Chapter 173-340
WAC).
(b) If sampling indicates elevated levels of lead and arsenic,cleanup
will be required. The Department of Ecology plans to use Model Remedies
for lead and arsenic pesticide contamination in historical orchards of
Central Washington. A Focus Sheet on the Model Remedies can be found
at https://apps.ecoloay.wa.gov/publications/documents/2109007.pdf.
(c) Compliance with a Model Remedy ensures your project meets
the minimum standards of the Model Toxics Control Act, and if
implemented as described,your property will be successfully cleaned up to
Washington State standards.
(d) Ecology can provide free initial sampling, as well as free
technical assistance for your project.
(e)Please contact Jeff Newschwander,Project Manager,at 509-388-
5223 or email Jeff newschwander[?n,ecy.wa.gov for further information or
to schedule your initial sampling.
(7) Ahtanum Irrigation District: Ahtanum Irrigation District comments
relative to this proposed Preliminary Plat are as follows:
(a)Please note that parcel 171201-13405 is not within our District's
boundaries.
(b) Our records indicate the above-listed parcels falling within
181206 have no surface water right as established in the Final Decree
(2019), the Conditional Final Order Subbasin No. 23 (Ahtanum) (2019),
Apple Tree Construction Company,LLC 8
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
12
RECEIVED
SEP 1 C 202i
CITY Of YAKIMA
PLANNING DIV
and the Final Schedule of Rights dated May 9, 2019 in State of
Washington,Dept.of Ecology v.Acquavella,et al(2019).
(c) However, our Board must sign off on the plat for this
subdivision. The surveyor will need to provide us with the original Mylar,
as well as one copy, for District signature. As our Board meets once per
month,please telephone in advance for meeting dates to avoid delays.
(8) Department of Archaeology and Historic Preservation (DAHP): The
DAHP comments relative to this proposed Preliminary Plat are as follows:
(a) A review of our statewide predictive model has identified the
project area as having a very high probability for archaeological resources.
Further,the scale of the proposed ground disturbing actions would destroy
any archaeological resources present. Identification during construction is
not a recommended detection method because inadvertent discoveries often
result in costly construction delays and damage to the resource. Therefore,
we recommend a professional archaeological survey of the project area be
conducted prior to ground disturbing activities. We also appreciate
receiving any correspondence or comments from concerned tribes or other
parties concerning cultural resource issues that you receive.
(b) These comments are based on the information available at the
time of this review and on behalf of the SHPO in conformance with
Washington State law. Should additional information become available,our
assessment may be revised.
(c)Thank you for the opportunity to comment on this project and we
look forward to receiving the survey report. Please ensure that the DAIIP
Project Number (a.k.a. Project Tracking Code) is shared with any hired
cultural resource consultants and is attached to any communications or
submitted reports.
X. Applicable City Subdivision Ordinance Provisions and Applicable
State Subdivision Statutory Provisions. City of Yakima subdivision
ordinance provisions and State statutory subdivision provisions which are
applicable to the proposed Preliminary Long Plat include the following:
Apple Tree Construction Company,LLC 9
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL24023-21,SEPA#004-21
13
RECEIVED
SEP 10 2021
r OF YAKIMA
PLANNING DIV.
(I) YMC §15.05.030(A):Creation of new lots-Subdivision requirements:
Table of Subdivision Requirements: Pursuant to YMC §15.05.030(A), Table 5-2
establishes basic development criteria for lot size and width that must be met when
reviewing an application for a new subdivision. For detached single-family
dwelling construction in the R-1 zoning district, the required minimum lot size is
6,000 square feet.
(2) YMC 415.05.055(1): New development improvement standards: Fire
apparatus access roads for multiple-family residential developments and one- or
two-family residential developments shall be subject to the provisions of Sections
D106 and D107, respectively, of Appendix D of the applicable International Fire
Code. Additionally, such residential developments shall be subject to the require-
ments of Section D105 of Appendix D, of the applicable International Fire Codc
pertaining to aerial fire apparatus roads, as applicable. All other applicable
provisions of the International Fire Code,as now existing or as hereafter amended
and adopted by the City,are required. Minimum requirements for the primary and
secondary access will be at least twenty feet wide,unobstructed,paved lanes.
(3)YMC 412.02.0(0: Establishment of easements: Public utility easements
shall be established for the location of new and proposed public utility lines
serving new land divisions and land development. Public utility easements shall
also be established across the front of new lots and redeveloped lots to provide
future utility access as determined necessary by the City Engineer. Public utility
easements shall be dedicated(granted)at the time that subdivision and/or land use
approval is granted.
(4)YMC 412.02.020:Easement location and width:Eight-foot-wide utility
easements shall be dedicated along the front of each lot in subdivisions and short
subdivisions. Easements for new and/or future utility lines shall be a minimum of
eight feet in width,or twice the buried depth of the utility,whichever is greater.
(5) YMC §12.03.010: Sewer service required: Pursuant to YMC
§12.03.010, all new lots and development shall be served by a sanitary sewer line
located adjacent to the lot or development site.
(6) YMC §12.03.040: Minimum sewer size: The minimum size for public
sewer lines is eight inches in diameter.
(7)YMC§12.03.070: Side sewer service:Each building containing sanitary
facilities shall be served by a separate private side sewer line from a public main.
Apple Tree Construction Company,LLC 10
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP4001-21,CL2#023-21,SEPA#004-21
14
RECEIVED
SEP 0202I
CITY OF YAKIMA
PLANNING DIV.
Branched side sewers serving multiple buildings and properties shall not be
permitted. Single side sewers serving multi-unit buildings are permitted.
(8)YMC 412.03.090: Gravity flow required: Sewer lines shall be designed
for gravity flow operation. Lift stations and force mains (pressurized lines) shall
be limited to those locations and circumstances where they are consistent with the
comprehensive sewer plan and are the preferable short-term solution to service the
development site and other properties in the vicinity.
(9) YMC 412.04.010: Water service required: All new lots and develop-
ment shall be served by a public water supply line maintained by the City of
Yakima, Nob Hill Water Company [Association], or other water purveyor, and
located adjacent to the lot or development site.The water line shall be capable of
providing sufficient flow and pressure to satisfy the fire flow and domestic service
requirements of the proposed lots and development as approved by the City
Engineer in cooperation with the Code Administration Manager and Water
Irrigation Division Manager.
(10)YMC 412.04.020: Water line extension required: Water lines shall be
extended to the point where the adjoining property owner's responsibility for
further extension begins. This typically requires extension across the street or
easement frontage of the developing property. In some cases it will require
dedication of an easement and a line extension across the property or extension
along two or more sides of the developing property.Extensions will be consistent
with and implement the City's adopted water comprehensive plan.
(11) YMC §12.04.040: Minimum size and material standards: New water
lines in the City of Yakima water system shall be constructed of Class 52 ductile
iron and shall be a minimum of eight inches in diameter. Improvements and
additions to the Nob Hill Water Company [Association] system shall conform to
the requirements of Nob Hill Water Company [Association].
(12) YMC 412.05.010: Sidewalk installation required: Sidewalks shall be
installed along both sides of all new, improved and reconstructed streets. Projects
which repair small portions of or maintain existing street shall not be considered
"improvement" for the purpose of this section and shall not trigger the
requirements of this section. Sidewalks shall also be installed across the frontage
of all newly developed or redeveloped lots where feasible.
(13) YMC 412.06.010: Street types, functional classification: The Yakima
Urban Area Comprehensive Plan, and/or the West Valley Neighborhood Plan,
Apple Tree Construction Company,LLC 11
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
15
RECEIVED
SEP ! 0 2029
CITY OF YAKIMA
PLANNING DIV,
designates the functional classification of the principal arterial, minor arterial and
collector streets and establishes their functional classification.All other streets are
classified as local residential access.
(14) YMC §12.06.030: Design standards, adjustment of standards: Final
design of street improvements is subject to approval by the City Engineer. The
City Engineer, at his discretion, is authorized to adjust these standards as
necessary to facilitate the construction of new streets and improvement of existing
streets. Projects which repair small portions of or maintain existing streets shall
not be considered"improvements"for the purposes of this section.
(15) YMC §12.06.070: Provision of street curbing: Barrier curbs shall be
installed along all public streets. Rolled mountable curbs may be permitted along
residential access streets. Curb design shall be consistent with the standards of the
City Engineer.
(16) YMC 412.06.080: Street lighting: A street light shall be installed at
each street intersection and at midblock if the block exceeds five hundred feet in
length. Street lights shall meet the design and placement standards of the City
Engineer.Lighting improvements shall become the property of the City of Yakima
upon installation and will thereafter be maintained by the City.
(17) YMC 414.05.200(A-B): Allowance of bond in lieu of actual con-
struction of improvements prior to approval of short plat or final plat: The
subdivision or short subdivision applicant may, as an alternative to actual
construction of any required improvements,provide a surety bond or other secure
method providing for and securing to the City the actual construction of required
improvements within a specified period of time and expressed in a bond or other
appropriate instrument establishing such security. Any bond or other method of
securing actual construction of required improvements shall specify the
improvements covered and the schedule for completion. In cases of subdivision,
the bond or other method of securing actual construction of required improve-
ments shall be subject to approval by the City Engineer and City Attorney prior to
approval of the final plat by the City Council. In cases of short subdivisions, the
bond or other method of securing actual construction of required improvements
shall be subject to approval by the City Engineer and City Attorney prior to
approval of the final short plat by the Administrator. In no case shall the amount
of the bond or other method of securing actual construction of required
improvements be less than one hundred ten percent of the estimated actual cost of
Apple Tree Construction Company,LLC 12
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
16
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PLANNING OIV,
the improvements based upon the approved civil engineering design of the
required improvements.
(18) RCW 58.17.110(1), YMC 4,14.20.100(A) and YMC §14.20.120(A):
The city, town, or county legislative body shall inquire into the public use and
interest proposed to be served by the establishment of the subdivision and
dedication. It shall determine(a)if appropriate provisions are made for the public
health, safety and general welfare and for open spaces,drainage ways,streets and
other public ways,transit stops, potable water supplies, irrigation and other water
supplies, sanitary waste disposal, parks and recreation, playgrounds, schools and
schoolgrounds, sidewalks, and other planning features that assure safe walking
conditions for students who walk to and from school; and (b) whether said plat
will serve the public use and interest.
XI. Preliminary Plat Criteria and Findings. YMC §14.20.100(A)provides
that the Hearing Examiner shall review a proposed Preliminary Long Plat during
an open record public hearing to inquire into and determine whether or not the
following standards are satisfied:
(1) Subsection 14.20.100(A)(1) — Consistency with the City's Urban
Area Zoning Ordinance Intent, Design, Improvement and Development
Provisions Applicable to the R-1 Zoning District. A determination relative to
consistency with the City's Urban Area Zoning Ordinance intent, design,
improvement and development provisions applicable to the R-1 zoning district
involves a consideration of the following provisions of Title 15 and Title 12 of the
Yakima Municipal Code(YMC):
(a) Consistency with the Intent of the R-1 Single-Family Residential
Zoning District: YMC §15.03.020(B) indicates that the intent of the R-1
zoning district is in part to establish new neighborhoods for detached
single-family dwellings free from incompatible uses. The proposed
preliminary plat is designed primarily for 29 single-family residences and
secondarily for three Class (2)triplex uses which will be considered in the
sections of this recommendation applicable to the consideration of Class(2)
uses.
Apple Tree Construction Company,LLC 13
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
17
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PLANNING DIV.
(b) Consistency with Design, Improvement and Development
Provisions Applicable to the Single-family Residential (12-1) Zoning
District: YMC Chapter 15.05 establishes certain basic development
requirements. 'These are the minimum criteria that must be met to assure
land use compatibility and promote the public health, safety and welfare.
The proposed development meets the requirements applicable in the R-1
zoning district as follows:
(i) Minimum Lot Size: The 29 single-family residential lots
ranging in size from approximately 9,144 square feet to approxi-
mately 14,782 square feet will meet the minimum 6,000-square-foot
lot size requirement for single-family residences. Lots 61,62 and 63
range in size from 18,669 square feet to 23,363 square feet which
will also comply with the minimum lot size that is required for
multifamily dwellings prescribed by YMC Table 5-2 and YMC
§15.05.030(A).
(ii)Minimum Lot Width: The lots will all meet or exceed the
minimum lot width of 50 feet prescribed for the R-1 zoning district
by YMC Table 5-2 and YMC§15.05.030(A).
(iii)Maximum Lot Coverage: The maximum lot coverage is
the percentage of net land area of a site that can be covered with
structures and other impervious surfaces. In the R-1 zoning district,
the maximum lot coverage prescribed by YMC Table 5-1 in YMC
Chapter 15.05 is 60%. All lots within the proposed preliminary plat
have sufficient lot area to comply with this 60% maximum lot
coverage development standard.
(iv) Structure Setbacks: In the residential zoning districts,
structure setbacks are intended to provide light, air and emergency
access. All of the lots in the proposed preliminary plat would have
sufficient area to comply with the setback requirements specified by
YMC Table 5-1 in YMC Chapter 15.05 which are as follows:
Location From Centerline of From the Property
Right-of-Way Line
Front,Apple Tree Pkwy. 45 feet 20 feet
Front,access easement N/A 10 feet
Apple Tree Construction Company,LLC 14
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
18
RECEIVED
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r OF YAKIMA
PLANNING DIV.
Rear N/A 15 feet
Side(internal) N/A 5 feet
Side,Apple Tree Pkwy. 40 feet 5 feet
Side,South 86th Ave. 40 feet 5 feet
If Tract A will be accessed from South 86th Avenue and have that
access considered the front yard,then the front yard setback will be
50 feet from the centerline of the right-of-way and 20 feet from the
property line; otherwise that tract shall fully utilize the above table
as appropriate.
(v) Maximum Building Height: YMC Table 5-1 in YMC
Chapter 15.05 provides that the maximum building height in the R-1
zoning district is 35 feet.
(vi) Access: All lots will have 20 feet of frontage upon a
public street in accordance with YMC§15.05.020(H).
(vii) Sidewalk: Curb, gutter and sidewalk is already con-
structed along Apple Tree Parkway. If the cul-de-sac or any other
portion of Apple Tree Parkway is not currently improved, then in
that event curb, gutter and sidewalk shall be installed along those
portions.
(viii) Density: The proposed preliminary plat will have 2.71
dwelling units per net residential acre with streets excluded (38
dwelling units- 14.03 acres=2.71 dwelling units per net residential
acre). This density complies with YMC §15.05.030(B) and YMC
Table 4-1 in YMC Chapter 15.04 which allow up to 7 dwelling units
per net residential acre in the R-1 zoning district as Class (1) uses
(while multifamily developments are Class(2)uses).
(ix) Street Right-or Way: The preliminary plat does not
require dedication of any right-of-way.
(x) Frontage Improvements: At a minimum, one street light
shall be installed midblock on the westernmost section of the loop as
the street exceeds 500 feet in total length. Street lighting shall meet
the design and placement standards of the City Engineer. Lighting
improvements shall become the property of the City of Yakima upon
Apple Tree Construction Company,LLC 15
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
19
RECEIVED
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CITY OF YAKIMA
PLANNING Div.
installation and will thereafter be maintained by the City.Pursuant to
YMC Chapter 8.72, an excavation and street break permit shall be
obtained for all work within the public right-of-way.Roads less than
five years old can be cut, but that will cost 150 percent of the
restoration fee with no PCI discount.
(xi) Wastewater: All proposed lots appear to have sewer
available except Lots 1, 2 and 65. A minimum 16-foot-wide
easement shall be maintained over all public utility lines in
accordance with YMC §12.02.010 and §12.02.020. All lots within
the plat shall be served by a separate side sewer line from a public
main in accordance with YMC §12.03.070. Sewer is to be installed
per the Yakima Municipal Code.
(xii) Water: The applicant shall extend potable water to the
subject plat in accordance with YMC§12.04.010.Water is served by
the Nob Hill Water Association, and is currently installed along the
entirety of Apple Tree Parkway. However, the main line shall be
extended to Ahtanum Road to provide the necessary fire flow for
homes in the area. This tie-in will also improve reliability and water
quality in this development.
(xiii) Irrigation:All but one of the subject parcels are located
within the Ahtanum Irrigation District and therefore irrigation
district approval is required to be shown upon the final plat.
(xiv) Easements: Easements are to be established in accor-
dance with YMC §12.02.010 and§12.02.020.
(2) Subsection 14.20.100(A)(2)—Consistency with the provisions of the
Comprehensive Plan.The Future Land Use Map III-3 of the 2040 Yakima Urban
Area Comprehensive Plan designates the property within the proposed preliminary
plat as suitable for Low Density Residential development. The proposed
preliminary plat is consistent with the following Goal and Policies of the City's
Comprehensive Plan:
(a) Goal 2.3 which is to preserve and enhance the quality, character
and function of Yakima's residential neighborhoods.
Apple Tree Construction Company,LLC 16
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
20
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(b) Policy 2.3.1 which is to provide for a wide variety of housing
types within the City to meet the full range of housing needs for Yakima's
evolving population.
(c) Policy 2.3.2 which is to preserve and enhance established
residential neighborhoods. Specifically: ... (A) Ensure that new develop-
ment is compatible in scale, density and aesthctic 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 Preliminary Plat will meet all the design require-
ments of the City's subdivision ordinance and of 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) — Appropriate provisions for enumer-
ated features. As proposed and with the recommended conditions, this Prelimi-
nary Plat of Apple Tree No. 4—Phase 2 will make appropriate provisions for the
following features required by YMC §14.20.100(A)(4)and RCW 58.17.110(1):
(a) Public health, safety, welfare: The construction of new single-
family dwellings and three triplexes will complement adjacent uses and will
promote the public health, safety and general welfare insofar as there is a
need in this community for additional housing 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.
(b) Open spaces:The proposed lots are larger than the minimum lot
size required in the R-1 zoning district for both the single-family residences
and the three triplexes. Lot coverage of 60 percent or less in the R-1 zoning
district will provide adequate light and air for future residents in accordance
with the standards in the zoning ordinance without additional open spaces.
(c) Drainage systems: Drainage system facilities must be provided
in accordance with state and local regulations including the City of Yakima
Municipal Code and the Eastern Washington Storm Water Manual.
Apple Tree Construction Company,LLC 17
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-2I
21
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(d) Streets, alleys, and other public ways: The subject property has
frontage upon Apple Tree Parkway and upon South 86th Avenue.
(e) Water supplies: Public water is required to be used for domestic
and fire flow purposes. Water is available to the site from Nob Hill Water
Association by way of Apple Tree Parkway and South 86th Avenue.
(f) Sanitary waste disposal: Public sewer is required to service all
lots within the subject development.
(g) Parks and playgrounds: Open space, parks, recreation and
playgrounds are located within approximately four miles of this subdivision
at West Valley Park.
(h) Sites for schools: Wide Hollow Elementary School and West
Valley Middle Level Campus are located approximately 3.2 miles from this
subdivision, while West Valley High School is located approximately 4.2
miles away. No comments were submitted by the School District.
CO Sidewalks: Sidewalks are required and shall be provided along
any portion of Apple Tree Parkway where they are not currently located.
(j) Public Transit: Yakima Transit Routes 2 and 5 pass the inter-
section of South 64t°Avenue and West Washington Avenue approximately
2.2 miles north of the subdivision.
(k) Serves the public use and interest: This proposed residential
subdivision is consistent with neighboring land uses,better serves the needs
of the City than the present undeveloped status of the property and helps
satisfy the need for additional housing within the City.
(1) Time Limitation: Upon preliminary plat approval, the applicant
has five years from the date of preliminary plat approval to submit the final
plat. Thereafter, at least 30 days prior to the expiration of preliminary
approval,the applicant must submit to the City Council a written request to
extend the approval period for a maximum period of one additional year
(YMC §14.20.160). Before the final plat can be recorded, all required
infrastructure must either be engineered, completed and inspected or be
engineered and financially secured, and approval of the final plat must be
obtained from the City Community Development Department.
Apple Tree Construction Company,LLC 18
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
22
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PLANNING DIV.
XII. Applicant's Description of the Features of the Three Proposed
Class (2) Triplex Uses. The applicant's narrative description of the proposed
Class (2) triplex uses to be located on Lots 61, 62 and 63 of the proposed
Preliminary Plat is set forth in italics following the details required to be addressed
in the application for approval of a Class(2)use:
(1)Fully describe the proposed development,including number of dwelling
units and parking spaces. If the proposal is for a business, describe hours of
operation,days per week and all other relevant information related to the business.
The proposed Apple Tree No.4-Phase 2 project property is located at 9300 Apple
Tree Parkway, Yakima, Washington. The proposed project will consist of three
multi family tri-plex townhouse lots, lots 61-63, of the proposed Apple Tree No.4-
Phase 2 long plat lots. The 3 tri-plex lots vary in size from 18,669 square feet to
23,363 square feet. Apple Tree Parkway is private gated road, and was
constructed as part of Phase 1, and will not need to be improved as part of this
project. The lots will have frontage onto the private roadway. The three lots will
contain the proposed 9 townhouse units. Access to the lots will be from private
roads, and access easements extending throughout the proposed Apple Tree No.4-
Phase 2 plat, off S. 86th Avenue. Nob Hill Water will serve the lots with domestic
water. City of Yakima sewer will serve the sewerage needs. All storm water is
proposed to be retained on-site in underground infiltration trenches. The drainage
structures shown represent the actual structures installed in the phase 1
stormwater design. The property is proposed to be landscaped with normal
residential multi family type landscaping. Interior landscaping will consist of
trees, shrubs, and low ground cover plantings. Lot coverage has been calculated
at approximately 50 percent on the parcel. The height of the new structures will be
approximately 30 feet and is likely to be constructed of glass, and wood. The
maximum building height in the R-1 zoning district is 35 feet Pedestrian access to
the building will be by the existing concrete sidewalks.
(2) How is the proposal compatible to neighboring properties? The
proposed new Apple Tree No.4 - Phase 2 multi family townhouse lots are
compatible to neighboring properties because the properties located to the north
of these proposed lots in other phase of Apple Tree are similar existing multi-
family townhouse units. The proposed new multifamily lots will complement the
Apple Tree Construction Company,LLC 19
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
23
RECEIVED
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dI I Y OF YAKIMA
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design and construction of adjacent existing single-family homes, as well the
multi family townhouse in other locations of Apple Tree resort. The neighboring
properties are a mixture of retail, restaurants, single family, and multi-family
residential houses. This proposal is similar in nature to other neighboring new
single-family and multi family developments adjacent to the property. The general
hours of operation are the same, and the amount of traffic is similar.
(3) What mitigation measures are proposed to promote compatibility? The
proposed new Apple Tree No.4-Phase 2 multi family apartment complex is close
to existing multi family property with similar uses, and it is believed mitigation
measures are not necessary to be compatible with the neighborhood. The units
will be designed and constructed by same design and construction companies as
the adjacent single-family homes, so they can control the appearance to assure
uniformity with construction appearance. The proposed facility will be compatible
with and provide additional upscale multi family townhouse facilities. The
complex will have similar hours of operation and traffic volumes as the adjacent
multi family complexes and provide additional patrons to the adjacent retail
business. Driveway and garage parking will be constructed and landscaped in
accordance with City of Yakima Code requirements.
(4) How is your proposal consistent with current zoning of your property?
This proposal is consistent with the current zoning of the property because it is a
triplex multifamily townhouse complex on an R-1 zoned property. The proposal
meets the development standards of the district, specifically building height,
parking standards, lot coverage, and setbacks. The R-1 Zoning District is a single-
family residential that allows multi family development if they do not exceed 7
dwelling units per acre. This proposal meets the development standards, is
aesthetically designed to blend with neighboring single-family and multi family
facilities, consistent with the intent of the zoning districts.
(5) How is your proposal consistent with uses and zoning of neighboring
properties? This proposal is consistent with uses and zoning of neighboring
residential and commercial properties because of the mixed-use residential aspect
of the neighborhood along the Apple Tree Resort complex. The uses in the
adjacent neighborhood consist of the existing single family, and multi family
residential complexes located to the west and north of this proposed development.
There is traditional retail and restaurants located to the north and south. The
project site is also adjacent to Apple Tree Golf Course, and the West Valley
Schools all which provide recreational opportunities important to the townhouse
Apple Tree Construction Company,LLC 20
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
24
SECEWED
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taEY OF YAKIMA
PLANNING Dllt
living lifestyle. All these uses occur within the immediate area of the subject
property, and consist of a mixture of zoning districts. This is a classic mixed-use
neighborhood, and the proposed project is consistent with surrounding uses and
zoning. The multi family townhouse complex use is permitted in the R-I zoning
district.
(6) How is your proposal in the best interest of the community? This
proposal is in the best interest of the community because it provides the
community additional upscale multi family townhouse options. The proposal will
create new living options at a convenient location, with good access to recreation
and local retail and eating establishments, all in the best interest of the
community.
XIII. Applicable City Ordinance Provisions Relative to the Proposed
Class (2) Triplex Uses. City of Yakima ordinance provisions which are
applicable to the three proposed Class(2)triplex uses include the following:
(1) YMC § 15.04.020(B): Class(2)Land Use Defined: Pursuant to YMC
§15.04.020(B),Class(2)uses are generally permitted in the district. However,the
compatibility between a Class(2)use and the surrounding environment cannot be
determined in advance, and occasionally a Class(2)use may be incompatible at a
particular location. Therefore, a Type (2) review by the administrative official is
required in order to promote compatibility with the intent and character of the
district and the policies and development criteria of the Yakima urban area
comprehensive plan. The procedures in YMC Chapter 15.14 shall be used to
review and evaluate Class (2) uses. In certain circumstances, the administrative
official may require that a Class (2) use undergo a Type (3) review, as provided
within this title.
(2) YMC §15.14.020: Type (2) Review: Type (2) Review is required for
any proposed use shown on Table 4-1 as a Class (2) use, for Class (1) uses
requiring Type (2) review in YMC §15.13.020; and for other specific reviews
established by this YMC Title 15.
(3) YMC 415.02.020: Compatibility Defined: "Compatibility" means the
characteristics of different uses or developments that permit them to be located
near each other in harmony with or without special mitigation measures.
Apple Tree Construction Company,LLC 21
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
25
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(4) YMC 415.10.020: Development, Multifamily Defined: "Development,
multifamily" means a structure or structures, or portion thereof, designed for
occupancy by three or more families living independently of each other and
containing three or more attached or detached dwelling units on a lot. Any
combination of three-plus, duplex and detached single-family dwellings that have
a common driveway access on a single lot of record is considered multifamily
development.
(5) Parking: YMC 415.06.040, Table 6-1: Spaces Required: Multifamily
Development with 10 units or less requires two spaces per unit.
(6) Parking: YMC 415.06.090(A): Landscaping: The standard for land-
scaping of parking and vehicle storage lots with five or more spaces shall be ten
percent of the total parking area.
(7) Parking: YMC 415.06.100: Lighting: Lighting shall be provided to
illuminate any off-street parking or loading space used at night. When provided,
lighting shall be directed to reflect away from adjacent and abutting properties.
Parking lots adjacent to residential districts or uses shall be designed with down-
shielding and luminaries creating no lighting pollution upon those properties. A
photometric lighting plan may be required if the parking lot is located adjacent to
or abutting residential properties. Further requirements and restrictions are
required when the property is located within the airport safety overlay.
(8) Sitescreening: YMC 415.07.050, Table 7-1: Sitescreening Standard A
(or a higher standard) shall be installed along the property lines of the triplexes
abutting single-family lots.
(9) Sitescreening: YMC 415.07.040(A): Sitescreening Standard A: Site-
screening Standard A consists of a ten-foot-wide landscaped planting strip with
trees at twenty-foot to thirty-foot centers,which includes shrubs and groundcover.
The administrative official may also require sitescreening standard A along an
arterial when such action is consistent with the purpose of this chapter.
(10) Sitescreening: YMC 415.07.040(A): Sitescreening Standard B: Site-
screening Standard B consists of a three-foot-wide planting strip that will create a
living evergreen screen that is at least six feet in height within three years.
(11) Sitescreening: YMC 415.07.040(A): Sitescreening Standard C: Site-
screening Standard C consists of a six-foot-high, view-obscuring fence, made of
wood, masonry block, concrete, or slatted chain link material. A three-foot-wide
Apple Tree Construction Company,LLC 22
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-2I,SEPA#004-21
26
RECEIVED
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all OF YAKIMA
PLANNING DIV.
planting strip landscaped with a combination of trees, shrubs and groundcover
along the outside of the fence is also required when the fence is adjacent to a
street,alley or pedestrian way.
XIV. Class (2) Triplex Use Criteria and Findings. Since a Multifamily
Development of 0-7 dwelling units per net residential acre is listed as a Class(2)
use in the R-1 zoning district by YMC Table 4-1 in YMC §15.04.030,the Hearing
Examiner's findings and conclusions relative to the proposed triplex use to be
located on Lots 61, 62 and 63 are required to include specific reasons and
ordinance provisions demonstrating that the triplex use satisfies the following
Class (2) use requirements set forth in YMC §15.04.020(B), §15.14.040(G),
§15.02.020 and similar Type(3)Review criteria set forth in YMC§15.15.040(I):
(1) Compliance and Compatibility with the Policies, Objectives and
Development Standards of the Comprehensive Plan.The proposed triplexes are
compliant and compatible with the Low Density Residential designation of the
property because they will be located within a plat that will be developed
primarily for single-family residences without being incompatible with them.
They are compliant and compatible with Goal 2.3 which is to preserve and
enhance the quality, character and function of Yakima's residential neighbor-
hoods; Policy 2.3.1 which is to provide for a wide variety of housing types within
the City to meet the full range of housing needs for Yakima's evolving population;
Policy 2.3.2 which is to preserve and enhance established residential neighbor-
hoods. Specifically: ... (A)Ensure that new development is compatible in scale,
density and aesthetic quality to an established neighborhood;Goal 5.1 which is to
encourage diverse and affordable housing choices; and Goal 5.2 which is to
preserve and improve existing residential neighborhoods.
(2) Compliance and Compatibility with the Intent and Character of
the Single-Family Residential (R-1) Zoning District. The proposed three
triplexes in addition to 29 single-family residences would be compliant and
compatible with the intent of the Single-Family Residential (R-1) zoning district
described in YMC §15.03.020(B)(1) which allows uses other than single-family
Apple Tree Construction Company,LLC 23
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
27
RECEIVED
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CITY OF YAKIMA
PLANNING DIY,
residences if they are compatible with the district and serve the residents of the
district.The proposed three triplexes would also be compliant and compatible with
the intent of the Single-Family Residential (R-1)zoning district described in YMC
§15.03.020(B)(3) which allows moderate-density residential development up to
seven dwelling units per net residential acre in areas served by public water and
sewer. The proposed three triplexes would also be compliant and compatible with
the intent of the Single-Family Residential(R-1)zoning district described in YMC
Table 4-1 in YMC §15.04.030 which allows such multifamily uses as Class (2)
uses that are generally permitted in that zone. The proposed three triplexes would
finally also be compliant and compatible with the character of this Single-Family
Residential (R-1) zoning district because there are mixed residential and
commercial uses in this area with multifamily residential complexes located to the
west and north of this proposed development.
(3) Compliance with the Provisions and Standards Established in the
Zoning Ordinance. The applicable provisions and standards in the zoning
ordinance include requirements detailed above in Subsection XI(1)(b)and Section
XIII. Development standards applicable to the triplexes which are worthy of again
noting include the following:
(a) Number of Parking Spaces Required: YMC Table 6-1 in YMC
§15.06.040 requires two parking spaces for each unit which means that six
parking spaces are required for each of the three triplexes.
(b) Landscaping of Parking Lots Required: YMC §15.06.090(A)
requires that landscaping of parking lots with five or more spaces shall be
ten percent of the total parking area. The landscaping area may be included
to satisfy the lot coverage limitation of YMC Table 5-1.
(c) Lighting of Parking Lots Required: YMC §15.06.100 provides
that lighting shall be provided to illuminate any off-street parking or
loading space used at night. When provided, lighting shall be directed to
reflect away from adjacent and abutting properties. Parking lots adjacent to
residential districts or uses shall be designed with down-shielding and
luminaries creating no lighting pollution upon those properties. A
photometric lighting plan may be required if the parking lot is located
adjacent to or abutting residential properties.
Apple Tree Construction Company,LLC 24
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
28
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GITY Of YAKIMA
PLANNING DIV.
(d) Sitescreening: Sitescreening Standard A (or a higher standard)
shall be installed along the property lines of the triplex lots abutting single-
family lots.
XV. The Consistency of the Proposed Triplex Uses with Development
Regulations and the Comprehensive Plan under the Criteria Required
by YMC 416.06.020(B)is determined by consideration of the following factors:
(1) The types of land uses permitted at the site include the proposed
three triplexes which are allowed as Class(2)uses in the R-1 zoning district if,as
here, the criteria for approval of the proposed Preliminary Plat with a triplex on
Lot 61,on Lot 62 and on Lot 63 are satisfied.
(2) The density of residential development of 2.71 residential dwelling
units per net residential acre which would consist of 29 single-family residences
and 3 triplexes on approximately 14.03-acres would not exceed the maximum
density of 60 percent lot coverage allowed in the R-1 zoning district where 0-7
dwelling units per net residential acre are allowed as a Class(2)use.
(3)The availability and adequacy of infrastructure and public facilities
is not an issue here since there are adequate public and private utility services
available for the plat and for the triplexes and since there is adequate access to the
site by way of South 86th Avenue and Apple Tree Parkway.
(4) The characteristics of the development will be consistent with the
development regulations and Comprehensive Plan considerations as discussed in
detail above, and no administrative adjustments or variances of development
standards have been requested.
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner reaches the
following Conclusions:
Apple Tree Construction Company,LLC 25
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
29
RECEIVED
SEP II 2021
CITY OF YAKIMA
PLANNING DIY.
(1) Pursuant to YMC §1.43.080, §14.20.100 and §15.11.100(A)(1), the
Hearing Examiner has jurisdiction to recommend approval by the Yakima City
Council of the proposed Preliminary Plat and the three Class(2)triplex uses.
(2)Public notice for the August 26, 2021, open record public hearing was
provided in accordance with zoning ordinance requirements.
(3) A SEPA Determination of Nonsignificance (DNS) for this proposed
Preliminary Plat and the three Class(2)triplex uses was issued on August 5,2021,
and became final without any appeals.
(4) No testimony or written comments were submitted in opposition to the
proposed Preliminary Plat or the triplexes.
(5)This proposed Preliminary Plat with a triplex on three of the lots serves
the public use and interest because it provides for new additional housing within
the City of Yakima.
(6) This Preliminary Plat with three triplexes complies with the goals and
objectives of the Urban Area Comprehensive Plan, the intent and purpose of the
R-1 zoning district and the provisions of the Urban Area Zoning Ordinance, the
Subdivision Ordinance, the Title 12 Development Standards, and the Traffic
Concurrency Ordinance.
(7) The proposed Preliminary Plat complies with RCW 58.17.110 and
YMC §14.20.100(A) by making appropriate provisions for the public health,
safety, and general welfare, open spaces, drainage ways, streets or roads, alleys
and other public ways, transit stops, potable water supplies, irrigation and other
water suppliers, sanitary waste disposal, parks and recreation, playgrounds,
schools and school grounds, sidewalks, and other planning features that assure
safe walking conditions for students who walk to and from school and by serving
the public use and interest.
(8) This proposed Preliminary Plat with Class (2) triplex uses complies
with the YMC §16.06.020(B)criteria for making a Determination of Consistency.
Apple Tree Construction Company,LLC 26
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
30
RECEIVED
SEP p 6 2021
CITY Of YAKIMA
PLANNING DIV.
(9)The proposed Preliminary Plat and the proposed Class (2)triplex uses
satisfy all of the requisite criteria for their approval.
RECOMMENDATIONS
Pursuant to YMC§15.05.030(E)and YMC §15.11.100(A)(1)which require
that a decision relative to proposed Class (2) triplex uses shall also constitute a
recommendation to the City Council because it is consolidated with a Preliminary
Long Plat application, the Hearing Examiner recommends to the Yakima City
Council that these applications for a proposed Preliminary Long Plat with a triplex
to be located on Lot 61, on Lot 62 and on Lot 63 as described in the information
and documentation submitted for City File Nos. PLP#001-21, CL2#023-21 and
SEPA#004-21 be APPROVED,subject to the following conditions:
(A) Prior to approval of the final plat, all required improvements shall be
constructed or financially secured according to the standards and requirements of
the City Engineer and YMC Title 12;
(B) All lots shall be served with public water from the Nob Hill Water
Association.No individual domestic or irrigation wells shall be permitted for any
of the lots. Prior to final plat approval, written verification from Nob Hill Water
Association must be submitted to the Planning Division indicating that each lot
within the plat has been served with domestic water and that applicable fees have
been paid;
(C) All lots shall be provided with public sewer service according to YMC
Title 12 standards. Prior to final plat approval written verification from the City of
Yakima Engineering Department must be provided to the Planning Division
indicating that all sewer extensions have been completed and inspected or
financially secured;
Apple Tree Construction Company,LLC 27
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
31
RECEIVED
SEP 1 C 2021
CITY OF YAKIMA
PLANNING DIV.
(D) A minimum eight-foot-wide public utility easement shall be provided
adjacent to all public road rights-of-way;
(E) Easements for new and/or future utilities shall be a minimum of 16 feet
in width,provided that the width of easements for buried utilities will be twice the
depth of the planned excavation;
(F) All public and private utilities shall be located underground, with the
exception of telephone boxes and such similar structures;
(G)All public and private utilities to be located within public road rights-
of-way must be constructed prior to the start of road construction;
(H)All interior roads on the preliminary plat shall be constructed with curb,
gutter,sidewalks on both sides of the street,and street lighting in accordance with
YMC Chapter 12.06, Standard Detail R5, and WSDOT Curb and Sidewalk Plans
F-10.12-03;
(I) An excavation and street break permit shall be obtained for all work
within the public right-of-way. Roads less than five years old can be cut, but the
cost will be 150 percent of the restoration fee with no PCI discount;
(J) All frontage improvements shall be completed or bonded for prior to
final long plat approval. Civil engineering plans for public improvements shall be
approved prior to bonding for public improvements;
(K)At the discretion of the City Engineer,the owner may bond for required
frontage improvements or enter into a deferral agreement for future participation
in the cost of any frontage and/or roadway improvement of a Local Improvement
District (LID) which is constructed abutting the owner's property. The bond or
deferral agreement shall be executed and recorded prior to or as part of approval of
the plat;
(L)Fire hydrants shall be placed at the locations specified by the Building
Codes, Planning Division, and the Yakima Fire Department. All lots must be
provided with adequate fire flow;
Apple Tree Construction Company,LLC 28
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
32
RECEIVED
SEP 1< 6 2021
CITY OF YAKIMA
PLANNING DIV.
(M) All permits that are required by the Yakima Regional Clean Air
Agency shall be obtained;
(N)Soil sampling shall be conducted prior to development under the Model
Toxics Control Act in accordance with Department of Ecology standards;
(0) Streetlights shall be installed per the direction of the Engineering
Division;
(P)This plat shall be subject to the following notes,which must be placed
on the face of the plat:
•
1. The addresses shown on this plat are accurate as of the date of
recording, but may be subject to change. The City of Yakima
Building Codes Division is responsible for the confirmation or
reassignment of addresses at the time of building permit issuance.
2. The owners shown hereon, their grantees and assignees in interest
hereby covenant and agree to retain all surface water generated
within the plat on-site;
(Q) Irrigation approval is required, and shall be shown on the face of the
final plat;
(R) A current title report covering the subject property must accompany
the final long plat;
(S) Upon preliminary plat approval,the applicant has five years to submit
the final plat. Thereafter, 30 days prior to the expiration of said approval the
applicant must submit to the City Council a written request asking to extend the
approval period for a maximum period of one year;
(T) Because the Type(2)Review request is part of the overall Preliminary
Long Plat,that approval shall be applicable so long as the plat remains otherwise
conforming;
Apple Tree Construction Company,LLC 29
Plat of"Apple Tree No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21
33
RECEIVED
SEP F 0 2021
CITY OF YAKIMA
PLANNING DIV..
(U)The applicant shall submit site plans in conformance with all applicable
standards of Title 15 to the Planning Division to be approved prior to the issuance
of permits for the triplexes;
(V) The applicant is encouraged to conduct a professional archaeological
survey of the project area,with copies of any survey to be provided to DAHP and
the Planning Division;and
(W) All other requirements of the zoning and subdivision ordinance,
although not specifically set forth herein,shall be complied with in their entirety.
DATED this 10th day of September,2021.
N� PA M. C l;.11'
Gary M.Ctullier,Hearing Examiner
Apple Tree Construction Company,LLC 30
Plat of"Apple Trcc No.4-Phase 2"
Located at 9300 Apple Tree Parkway
PLP#001-21,CL2#023-21,SEPA#004-21