HomeMy WebLinkAbout12/07/2021 07. Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the master planned development and development agreement submitted by Roberto Arteaga and Araceli Gonzales Tello located at 9503, 9509, 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.
For Meeting of: December 7, 2021
ITEM TITLE: Closed record public hearing and Resolution to consider the
Hearing Examiner's recommendation regarding the master planned
development and development agreement submitted by Roberto
Arteaga and Araceli Gonzales Tello located at 9503, 9509, 9515
Tieton Drive
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Joseph Calhoun, Planning Manager
Eric Crowell, Senior Planner(509) 576-6736
SUMMARY EXPLANATION:
This is a master planned development submitted by Roberto Arteaga and Araceli Gonzales Tello
consisting of seven residential lots, to be improved with 14 duplex units, and a commercial lot.
This site is located in the Single-Family Residential (R-1).
The Hearing Examiner held an open-record public hearing on September 9, 2021 and submitted
a recommendation for approval on September 23, 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
0 Resolution 11/24/2021 Resolution
2
D Resolution Exhibits 11/24/2021 Exhibit
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RESOLUTION NO. R-2021-
A RESOLUTION approving the Master Planned Development (PD#001-21) and authorizing
and directing the City Manager to execute a Development Agreement with
Roberto Arteaga and Araceli Gonzales Tello (herein after "Developer") to
provide for the terms and conditions of development of a preliminary short
plat and planned development to be located at 9503, 9509, and 9515
Tieton Dr., in the City of Yakima.
WHEREAS, on March 26, 2021, Roberto Arteaga and Araceli Gonzales Tello, submitted
an application for a eight (8) lot preliminary short subdivision and planned development located
at 9503, 9509, and 9515 Tieton Dr. (the "Project") for seven residential lots and one commercial
lot; and
WHEREAS, Developer has obtained development rights for three parcels of
approximately 2.03 acres at 9503, 9509, and 9515 Tieton Dr., Yakima, Washington (the
"Property") is legally described in the Development Agreement as Exhibit "A", attached hereto
as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the City of Yakima (herein after"City") is a first class charter city incorporated
under the laws of the State of Washington and has the authority to enact laws and enter into
agreements to promote the health, safety, and welfare of its citizens and thereby to control the
use and development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with those
who own or control property within its jurisdiction pursuant to RCW 36.70B.170 through
36.70B.210, and YMC § 15.28.050; and
WHEREAS, on May 28, 2021, the City issued a Notice of Application and Environmental
Review for the Project; and
WHEREAS, Developer has proposed separate legal parcels by a subdivision of the
property, as defined in YMC § 14.10.020 and described in YMC Chapter 14.15; and
WHEREAS, the specific proposed use of the property identified by Developer is that of a
mixed-use master planned subdivision; and
WHEREAS, Developer intends to take appropriate steps to comply with environmental
and land use requirements related to development of the property; and
WHEREAS, the City of Yakima Planning Division conducted environmental review of the
Project under the State Environmental Policy Act ("SEPA") and issued a Determination of
Nonsignificance ("DNS") on the Project on August 6, 2021; and
WHEREAS, on September 9, 2021, the Hearing Examiner held an open record public
hearing in consideration of the Project; and
WHEREAS, on September 23, 2021, the Hearing Examiner issued his land use
recommendation proposing that the Project be approved subject to conditions, attached hereto
as Exhibit "B" and incorporated herein by this reference; and
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WHEREAS, on December 7, 2021, after notice duly given according to the requirements
of the City of Yakima Municipal Code, the City Council held a closed record public hearing and
adopted the recommendation of the Hearing Examiner; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will
amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over
development of the Project, provide for the orderly development of the Project consistent with
the City's current Comprehensive Plan and zoning for this Property, mitigate environmental
impact, and otherwise achieve the goals and purposes for which the Development Agreement
Statute was enacted; 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 "B" 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.
Section 4. Development Agreement. The City Manager of the City of Yakima is hereby
authorized and directed to execute the attached and incorporated Development Agreement. The
Yakima City Council, after a duly noticed public hearing, has determined that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of this
Agreement are consistent with the Comprehensive Plan and applicable development
regulations.
Section 5. 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
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Exhibit "A"
Development Agreement
DEVELOPMENT AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON AND
ROBERTO ARTEAGA & ARACELI GONZALES TELLO
THIS DEVELOPMENT AGREEMENT("agreement")is entered into between the City of
Yakima, a Washington municipal corporation("City"), and Roberto Arteaga and Araceli Gonzales
Tello, individually and as husband and wife ("Developer").
WHEREAS, the City is a first class charter city incorporated under the laws of the State of
Washington, and has the authority to enact laws and enter into agreements to promote the health,
safety and welfare of its citizens and thereby to control the use and development of property within
its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with those
who own or control property within its jurisdiction pursuant to RCW 36.70B.170-36.70B.210,
YMC 15.28.050 and YMC 14.10.010; and
WHEREAS, Developer is proposing a short subdivision consisting of eight lots on three
parcels of approximately two acres at the northeast corner of S. 96th Avenue and Tieton Drive,
Yakima, Washington (the "property"). The property legal description is in Exhibit 'A' and
incorporated herein, and
WHEREAS, Developer intends to take certain steps to comply with environmental and
land use requirements related to development of the property; and
WHEREAS, Developer is proposing the creation of a planned development for the
proposed short plat consisting of seven duplex lots and a commercial lot with certain amenities for
the property; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its
Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this
plan and has adopted, and continues to adopt, development regulations to implement the plan,
including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property R-1
Single-Family Residential; and
WHEREAS, the parties intend this agreement to guide the current and future uses of the
property; now,therefore,
IN CONSIDERATION OF mutual benefits,the parties agree as follows:
1. The proposed development. Developer's proposal for the property is hereby acknowledged
and warranted to be for the purpose of constructing a mixed-use subdivision and planned
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development. Developer specifically acknowledges and warrants that the proposal for the property
is construction of not more than 7 two-family residential structures (duplexes) on separate lots and
a single lot for commercial development together with accompanying amenities. The Developer's
preliminary short plat, type 2 review and planned development application have been filed with
the City. It will be reviewed by the Hearing Examiner for the City and, if approved, will be
incorporated herein as if set forth in full. The said subdivision and planned development are
referred to herein as the "proposed development" or"project".
2. Subject property. The project site is legally described in Exhibit "A" attached hereto and
incorporated herein by this reference (sometimes referred to as the "Subject Property" or
"Property").
3. Parties to the Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Yakima.
b) The "Developer" is Roberto Arteaga and Araceli Gonzales Tello, individually and as
husband and wife.
c) "Landowner" or"landowners". From time to time, as provided in this Agreement, the
Developer may sell or otherwise lawfully dispose of a portion of the Subject Property
to a landowner who, unless otherwise released, shall be subject to the applicable
provisions of this Agreement related to such portion of the Subject Property.
4. Private undertaking. It is agreed among the parties that the proposed development is a private
development and that the City has no interest therein except as authorized in the exercise of its
governmental functions.
5. Conditions of approval. Developer agrees to abide by the terms and conditions of approval
recommended by the Hearing Examiner, including construction of all infrastructure described on
the preliminary short plat/planned development site plan map and incorporated herein by this
reference as if set forth in full, including as the same may be revised to conform with conditions
of approval set forth in the Hearing Examiner's Recommendation. Developer agrees that the use
of the property pursuant to this Agreement shall be consistent with the project description
identified in the Washington State Environmental Policy Act Determination of Nonsignificance
issued by the City of Yakima on August 6, 2021 and incorporated herein by this reference as if set
forth in full (the "DNS"). Developer agrees to abide by the mitigation and other requirement
identified as a part of the DNS. Developer agrees to abide by the conditions of such further or
additional land use permits or approvals as may be identified in the DNS, or as may otherwise be
required by applicable federal, state and local law including, but not limited to, the City's Title 12
and all other applicable development standards, all as the same currently exist or may be hereafter
amended; provided, however, that the procedures and substantive rules of the City's Master
Planned Development ordinances, as codified at Ch. 15.28, Yakima Municipal Code as it existed
as of the date of this agreement and incorporated herein by this reference, shall guide and control
all matters related to said ordinances and to the planned development aspect of the proposed
development until this agreement terminates as provided elsewhere herein. Developer agrees to
make future applications or submissions as may be necessary to fully implement any phased
review of the proposed development and any specific project proposed therein.
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6. Summary of approved modifications to development standards. Reduction of the following
Title 12 private road standards (YMC 12.06.090):
a. Access easement width from 50 feet to 40 feet,
b. Pavement width from 30 feet to 24 feet,
c. Sidewalk on only one side of the street(YMC 12.05.010),
d. Decorative streetlights that may not entirely meet the design standards of the City Engineer
(YMC 12.06.080).
To the extent that is considered a reduction in City standards, slopes on the private street to exceed
10% as approved by the Fire Official in accordance with YMC 15.05.055.
Increase in lot coverage for Lot '8', the proposed commercial lot, to 100% (YMC 15.05.030(A),
Table 5-1).
Modification of the following sitescreening standards (YMC 15.07)to allow residential fences as
they are installed, to serve as sitescreening between commercial development on Lot '8' and
contiguous residential lots:
a. Requirement to sitescreen a commercial land use along a property line shared with a vacant
parcel in the R-1 zone (YMC 15.07.020),
b. Required sitescreening completion prior to occupancy or commencement of(in this case,
commercial)use (YMC 15.07.100),
c. Sitescreening to be located on the property line (YMC 15.07.070(1)).
Permitted uses of the commercial lot are to be all listed Class 1, 2 and 3 land uses in the General
Commercial zone subject to review under said classifications.
7. Developer's Compliance. Developer agrees to abide by all such conditions identified as a part
of the Developer's Homeowner's Association and Declaration of Covenants, Conditions, and
Restrictions for the proposed development and incorporated herein by this reference as if set forth
in full.
8. Appeals. In the event that any of the permits or approvals associated with the proposed
development, including but not limited to SEPA determinations, preliminary short plat, Type 2
Review or planned development approval, are or may be appealed, then in that event the City's
obligations under this agreement and under the above-referenced development entitlements, shall
be suspended, and may be terminated in whole or in part to the extent that the City reasonably
believes necessary to maintain consistency between this agreement (and/or the above-referenced
development entitlements) and the conclusion of any appellate proceedings associated with the
proposed development. Developer agrees not to appeal any of the previously required permits or
approvals associated with the proposed development, including but not limited to SEPA
determinations, preliminary short plat, Type 2 Review or planned development approval.
9. Default/Notice. No party shall be in default under this Agreement unless it has failed to
perform as required for a period of 30 days after written notice of default to the other party. Each
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notice of default shall specify the nature of the alleged default and the manner in which the default
may be cured satisfactorily. The party not in default under this agreement shall have all rights and
remedies provided by law or equity, including without limitation, damages, specific performance
or writs to compel performance or require action consistent with this agreement.
10. No third party beneficiary. This agreement is made and entered into for the sole protection
and benefit of the parties hereto and their successors and assigns. No other person shall have any
right of action based upon any provision in this agreement.
11. Third party legal challenge. In the event any legal action or special proceeding is
commenced against the City by any person or entity other than by a party to this agreement to
challenge this agreement or any provision herein, including any of the permits, approvals or
entitlements associated with this agreement, the City may elect to tender the defense of such
lawsuit or individual claims in the lawsuit to Developer. In such event, Developer shall hold the
City harmless from and defend the City from all costs and expenses incurred in the defense of such
lawsuit or individual claims in the lawsuit, including but not limited to reasonable attorneys fees
and expenses of litigation and damages awarded to the prevailing party or parties in such litigation.
The Developer shall not settle any such tendered lawsuit without the consent of the City, which
consent shall not be unreasonably withheld.
12. Term. This agreement shall continue in force for a period of thirty(30)years unless extended
or terminated as provided herein or when the property has been fully developed, whichever first
occurs, and all the Developer's obligations in connection herewith have been satisfied in the sole
reasonable discretion of the City. Provided, however,that termination of this agreement shall not
affect any of Developer's obligations to comply with the Yakima Urban Area Comprehensive
Plan, any applicable zoning, subdivision, or other municipal codes, or any land use entitlements
approved with respect to the property or proposed development. Termination of this agreement
shall not affect any of Developer's obligations herein which expressly or by implication are to
continue after the termination of this agreement; notwithstanding the generality of the foregoing,
the parties expressly agree and covenant that the streets within the proposed development shall be
required to be private and shall never be accepted by the City of Yakima as public streets.
13. City's reservation of rights. The parties intend this agreement is interpreted to the full extent
authorized by law and as an exercise of the City's authority to enter into development agreements
pursuant to RCW 36.70B.170. Provided, however, that this agreement shall be construed to
exclude from its scope and reserve to the City the authority which is prohibited by law from
implementation by mutual agreement with consideration of parties acting under Ch. 36.70B RCW.
Without limitation,this shall include the right of the City to impose new or different conditions on
the property to the extent required by stormwater development standards and any serious threat to
public health and safety. Developer acknowledges that any phased approach to developing the
proposed development contemplates and requires the exercise of further discretionary powers by
the City. These powers include, but are not limited to, review of additional permit applications
under SEPA and other applicable law. Nothing in this agreement shall be construed to limit the
authority or the obligation of the City or any of its officials or officers in complying with or
applying applicable law during review of specific project proposals or other subsequent phases of
the proposed development.
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14. Developer's warranties and representations. Developer represents and warrants to the City
that Developer has a property interest in the property, and that the covenants and obligations of
Developer in this agreement and in the permits, approvals, and entitlements associated with this
agreement and the proposed development do not violate or constitute a default under or breach of
any agreement between Developer and any third party by which Developer is bound. Developer
represents and warrants to City that Developer is fully authorized to enter into and perform its
obligations under this agreement. Developer represents and warrants to City that there is neither
pending nor, to the knowledge of Developer, any threatened legal action, arbitration or
administrative hearing before any governmental authority to which Developer is a party and which
could enjoin or restrict Developer's right or ability to perform its obligations under this agreement.
15. Modification of an approved master planned development overlay. Modifications to the
adopted master development plan and/or development agreement may be requested from time to
time.
Minor modifications will undergo Type 1 Review as defined in YMC Chapter 15.13. The
administrative official shall review modifications to adopted master development plan and/or
development agreement as a minor modification if it has been determined that:
1. The amendment does not increase the areas identified for any particular land use or increase
the residential density approved in the master plan;
2. The amendment does not increase the total floor area of nonresidential uses by more than
five percent;
3. The amendment does not materially change the type and character of approved uses;
4. The amendment does not materially change parking or traffic circulation within the
development;
5. The amendment does not materially change setbacks, buffers, landscaping, shoreline,
critical areas, or other mitigation measures
6. The amendment does not materially impact the overall design of the approved master plan;
and
7. Other similar changes of a minor nature proposed to be made to the configuration, design,
layout or topography of the master planned development which are deemed not to be
material or significant in relation to the entire master planned development and are
determined not to have any significant adverse effect on adjacent or nearby lands or the
public health, safety or welfare.
Major modifications will undergo Type 3 Review as defined in YMC Chapter 15.15 and shall be
referred to the hearing examiner in accordance with YMC 15.15.040. A "major modification"
shall be any modification to an approved master development plan or development agreement that
is deemed to be more significant than a"minor modification" as described hereinabove.
16. Further discretionary action. Developer acknowledges that the existing land use
regulations for the City of Yakima contemplate the exercise of further discretionary powers by the
City. Nothing in this Agreement shall be construed to limit the authority or the obligation of the
City to hold legally required hearings, or to limit the discretion of the City and any of its officers
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or officials in complying with or applying existing land use regulation as appropriate. These
powers may include, but are not limited to, review of additional permit applications under SEPA.
17. Vesting. The master planned development review shall be vested to development
regulations, standards, conditions, and laws applicable at the time the development agreement is
recorded, inclusive of specific conditions and standards set forth in said Development Agreement
to the extent it complies with applicable Washington law. The vesting period shall be for the
"Term" as stated in the development agreement and shall be agreed upon by the parties to the
Development Agreement after giving consideration to the extent and complexity of the proposed
development as well as specific development planning considerations raised by the Developer.
18. Termination. This Agreement shall expire and/or terminate as provided below:
a) This Agreement shall expire and be of no further force and effect if the Developer does
not construct the Project as contemplated by the permits and approvals identified and
incorporated into this Agreement, and submits applications for development of the
Property with consistent with such permits and approvals.
b) This Agreement shall terminate upon the expiration of the term identified in Section 12
herein or when the Subject Property has been fully developed, whichever first occurs,
and all of the Developer's obligations in connection therewith are satisfied as
determined by the City. Upon termination of this Agreement, the City shall record a
notice of such termination in a form satisfactory to the City Attorney that the
Agreement has been terminated.
c) Effect upon termination on developer obligations. Termination of this Agreement as
to the Developer of the Property or any portion thereof shall not affect any of the
Developer's obligations to comply with the City Comprehensive Plan and the terms
and conditions or any applicable zoning code(s) or subdivision map or other land use
entitlements approved with respect to the Property, any other conditions of any other
development specified in the Agreement to continue after the termination of this
Agreement, or obligations to pay assessments, liens,fees, or taxes.
d) Effects upon termination on City. Upon any termination of this Agreement as to the
Developer of the Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement
shall no longer be vested hereby with respect to the property affected by such
termination (providing that vesting of such entitlements, conditions or fees may then
be established for such property pursuant to then-existing planning and zoning laws).
19. Severability. If any provisions of this agreement are determined to be unenforceable or invalid
pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then the
remainder of this agreement not decreed or adjudged unenforceable or invalid shall remain
unaffected and in full force and effect.
20. Agreement to be recorded. This agreement may be modified only by written agreement of
the parties hereto. This agreement or a memorandum thereof shall be recorded against the property
as a covenant with the land which touches and concerns the property and shall be binding upon
the City and Developer, their heirs, successors and assigns, and all future owners of the property.
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Developer shall be responsible for the costs of recording. Any approved modifications to this
Agreement shall also be recorded against the Property at the Developer's expense.
21. Agreement approval. This agreement, and any modification thereto, may only become
effective upon execution by the City of Yakima following adoption of a resolution approving the
same following a public hearing in compliance with Chapter 36.70B RCW.
22. Assignment of interests,rights and obligations. This Agreement shall be binding and inure
to the benefit of the parties. No party may assign its rights under this Agreement without the
written consent of the other party, which consent shall not be unreasonably withheld. This
Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns
of Developer and the City.
23. Governing law and venue. This Agreement shall be construed and enforced in accordance
with the laws of the State of Washington. Venue for any action shall lie in Yakima County
Superior Court.
24. Attorneys' fees. In the event of any litigation or dispute resolution process between the
parties regarding an alleged breach of this Agreement, neither party shall be entitled to any award
of attorneys' fees.
25. Covenants running with the land. The conditions and covenants set forth in this Agreement
shall run with the land. Developer and every purchaser, assignee, or transferee of any interest in
the Property or any portion thereof, shall be obligated and bound by the terms and conditions of
this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to
the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser,
assignee, or transferee shall observe and fully perform all of the duties and obligations of the
Developer contained in this Agreement, as such duties and obligations pertain to that portion of
the Property sold, assigned, or transferred to it.
26. Notices. Notices, demands or correspondence to the City and Developer shall be sufficiently
given if dispatched by pre-paid, first-class mail to the following addresses:
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
27. Entire agreement. This agreement constitutes the entire agreement of the parties and
incorporates all prior discussions and agreements.
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IN WITNESS WHEREOF, this Agreement has been entered into between the City and
Developer and is effective as of the day of , 2021.
Roberto Arteaga
Araceli Gonzales Tello
CITY OF YAKIMA
Robert Harrison, City Manager
ATTEST:
Sonya Claar Tee, City Clerk
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me Roberto Arteaga and Araceli Gonzales Tello,
individually and as husband and wife, to me known to be the persons described herein and who
executed the within and foregoing instrument and acknowledged that they signed the same as their
free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2021
Notary Public in and for the State of Washington,
Residing at
My Commission expires
13
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day of , 2021, I certify that I know or have satisfactory
evidence that Robert Harrison, City Manager of the CITY OF YAKIMA, is the person who
appeared before me, and said person acknowledged that they are authorized to sign this instrument
on behalf of the City of Yakima, and acknowledged it to be their free and voluntary act for the
uses and purposes mentioned in the instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission Expires:
Exhibit"A"
Legal Description
Parcel A:
That portion of the Southwest Quarter of the Southwest Quarter of Section 19, Township 13
North, Range 18 East, W.M., described as follows:
Commencing at the Southwest Corner of said Section 19;
Thence East 376.5 feet to the True Point of Beginning;
Thence North 30 feet;
Thence North 32°42' West 102.35 feet;
Thence North 0°39' East 244.5 feet;
Thence North 89°21' West 320.15 feet to the West line of said Section 19;
Thence South 0°26' West along said West line of said Section 19, a distance of 60.45 feet;
Thence South 51°01' East 481.3 feet to the Point of Beginning,
EXCEPT County Road.
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Parcel B:
That part of the Southwest Quarter of the Southwest Quarter of Section 19, Township 13 North,
Range 18 East, W.M., described as follows:
Beginning on the South Line of said Southwest Quarter of the Southwest Quarter of Section 19,
at a Point 145 feet East of the Southwest Corner of said Section 19;
Thence continuing East 231.5 feet;
Thence North 51°01' West for 143.06 feet;
Thence West 120.29 feet;
Thence South 90 feet to the Point of Beginning;
EXCEPT County Road.
Parcel C:
In Section 19, Township 13 North, Range 18 East, W.M.;
That portion of the West Half of Lot 4 of said Section 19, described as follows:
Beginning at a point on the South Line of said Lot, 376.5 feet East of its Southwest Corner;
Thence North 51°01' West 481.3 feet to the West Line of Lot 4;
Thence South to its Southwest Corner;
Thence East to the Point of Beginning;
EXCEPT Beginning on the South Line of said Southwest Quarter of the Southwest Quarter of
Section 19, at a Point 145 feet East of the Southwest Corner of said Section 19;
Thence Continuing East 231.5 feet;
Thence North 51°01' West for 143.06 feet;
Thence West 120.29 feet;
Thence South 90 feet to the Point of Beginning;
EXCEPT County Road,
AND EXCEPT those portions conveyed to the Yakima County under Auditor's File Numbers
3087358, 3087359, 7293036, 7335543, and 7335545, Records of Yakima County, Washington.
Situated in Yakima County, State of Washington.
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Exhibit"B"
Hearing Examiner's Recommendation
RECEIVED
SEP it '.c 'tl
CITY OF YAmmA
PLANNING DIV
CITY OP YAKIMA,WASHINGTON
HEARING EXAMINER'S RECOMMENDATIONS
September 23,2021
In the Matter of Planned Development, )
Class(2)Duplex Use and Short Plat )
Applications Submitted by:
) PD#001-21
Roberto Arteaga&Araceli GonzalesTello ) CL2#016-21
PSP#009-21
For a Planned Development,7 Class(2) ) SEPA#009-21
Duplex Uses and a Commercial Lot in )
An 8-Lot Short Plat within the R-I Zone )
At 9503,9509 and 9515 Tieton Drive )
A. Introduction. The preliminary findings relative to the hearing process for
this matter ore as follows:
(I) The Hearing Examiner conducted an open record public hearing on
September 9,2021.
(2) The thorough Planning Division staff report which was prepared by
Senior Planner Eric Crowell was presented by Senior Planner Trevor Martin
because Mr. Crowell was out of the state at the time of the hearing. The stall
report recommended approval of the Planned Development,the 7 Class(2)Duplex
Uses and the 8-Lot Preliminary Short Plat subject to conditions(Document Index
A-)of she record).
(3)Testimony in favor of the application was presented by the applicants'
representative,Thomas Durant of PI.SA Engineering-Surveying-Planning,who
Roberto Anew&Araceli Gonzales Tan
Planned Development,7 Class(2)Duplexes
&l.ot Short Plat in the R-I'Coning District
Located at 9503,9509 and 9515 Tieton Drive
Pm100141;CLINIC-211 PSPW@69-21;RRPAa00941
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RECEIVED
SEP ?,3 2021
YAKIMA
PPLLANNNNING DIV.
also suggested revisions to some of the recommended conditions. Further
testimony in favor of the proposal was presented by the applicants' representative,
Leanne Liddicoat of Digital Design and Development,who indicated that grading
the site to make the street slopes passable from Tieton Drive and from South 96th
Avenue will require grading of the site that will likely lower to some extent the
elevation of the duplexes on the north so as to possibly alleviate to some extent the
two commenting neighbors' privacy concerns and that fencing for back yards
along the north of the property could be expected even though it will not be
required between residential uses.
(4) No one appeared to present testimony in opposition to the proposal.
(5)Written comments of nearby property owners were submitted by Robert
McCulloch who commented about the Environmental Checklist; and by Luella
fluff; by Randy and Bev Dahl; and by Bruce and Dixie Tillet who indicated by
way of identical letters certain corrections to statements in the application,
questions about the proposal and concerns about privacy, noise and traffic which
caused them to strongly oppose the proposed development(Document Index G-2,
G-3, G-4 and G-5 of the record).
(6) This recommendation has been issued within ten business days of the
open record public hearing.
B. Summary of Recommendations, The Hearing Examiner recommends
approval of this Planned Development with 7 Class (2) duplexes in an 8-Lot
Preliminary Short Plat for the duplexes and for one lot that may be developed for
one or more future commercial uses,subject to conditions.
C. Basis for Recommendations. Based on a view of the site with no one else
present on September 7, 2021; the staff report, exhibits, testimony and other
evidence presented at the open record public hearing on September 9,2021;and a
consideration of the applicable Planned Development criteria, Class (2) use
Roberto Arteaga&Araccli Gonzales Tello 2
Planned Development.7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PDa001.21;CL2a01621;PSPa009.21;SEPAi009.21
17
RECEIVED
SEP 2 3 2021
WY OF YAKIMA
PLANNING DIV.
criteria, Preliminary Short Plat requirements, development standards and
consistency criteria; the Hearing Examiner makes and issues the following:
FINDINGS
I.Amplicanls/Property Owners/Representative.The applicants and property
owners arc Roberto Atteaga and Araceli Gonzales 'kilo who are represented by
Thomas Durant of PLSA Engineering — Surveying — Planning, 521 North 20th
Avenue, Suite 3,Yakima, Washington 98902 and by Leanne Liddicoat of Digital
Design & Development, 1909 West Lincoln Avenue, Suite NI, Yakima
Washington 98902.
II. Location. Thc location of the proposal is 9503,9509 and 9515'Teton Drive
on Yakima County Assessor's Parcel Nos. 181319-33005, -33009 and -33010 at
the northeast corner of the Tieton Drive/South 966 Avenue intersection.
III. Application. The main aspects of the history and details of these
applications may be summarized as follows:
(I)These applications are for approval of a Planned Development, 7 Class
(2)duplex uses and an 8-Lot Preliminary Short Plat for the 7 duplexes plus one lot
for one or more future commercial uses. Thc property is located on approximately
2.03 acres in the R-1 zoning district at the northeast corner of the Tieton
Drive/South 96's Avenue intersection.
(2)The applications for a Planned Development, for Type(3)Review of 7
Class (2) duplex uses and for SEPA Environmental Review were received on
March 26, 2021. The application for a Preliminary Short Plat was received on
Roberto Aneaga&Araceli Gonzales Tello 3
Planned Development,7 Class(2)Duplexes
S•Lot Short Plat in the It-I Zoning District
Located at 9503.9509 and 9515 Tieton Drive
PDa001-21;C12a0I621:PS11a009.21;SEPAa009.21
18
WFCEIVED
SEP 2 3 2021
CITY OF YAKIMA
PLANNING MY.
May 25,2021.The applications were deemed complete for processing on May 28,
2021.They are being processed under YMC Chapter 15.28 for the Master Planned
Development, RCW Chapters 15.14 and 15.15 for the Class(2) duplex uses that
have been referred to the Hearing Examiner for Type (3) review, YMC Chapter
14.15 for the Preliminary Short Plat review and YMC Chapter 6.88 for the SEPA
Environmental review.
IV.Jurisdiction. Section 15.28.040(D) of the Yakima Municipal Code(YMC)
provides that the Hearing Examiner shall hold a public hearing and submit a
recommendation to the City Council relative to the Planned Development criteria
listed in YMC §15.28.040. YMC §15.11.100(AX1) provides that if any of the
required approvals constitute a recommendation to the legislative body, the
decision of the administrative official as to all such permits or approvals shall
constitute a recommendation to the legislative body. Since the Planned Develop-
ment application constitutes a recommendation to the City Council, the related
Class (2) duplex uses and the proposed Preliminary Short Plat also constitute
recommendations to the City Council.
V. Notices. The property was posted with a land use action sign on May 28.
2021. A Notice of Application and Environmental Review was sent to the
applicant. SEPA agencies and property owners within 300 feet of the subject
property on May 28,2021.The Notice of Public Hearing and SEPA determination
was sent to the applicant, SEPA agencies and property owners within 300 feet of
the subject property on August 6, 2021. The Notice of the Public Hearing was
also published in the Yakima Herald-Republic on August 6,2021.
Roberto Arteaga&Arnett'Gonzales Tello 4
Planned Development,7 Class(2)Duplcxea
S-Lm Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PDn001.21;CL2M016-21;15Pa099-21;SEP Ma0A21
19
RECEIVED
r i ?II71
CITY OF YAKIMA
PLANNING DIV.
VI. Zonine and Land Use.The zoning of the subject property is Single-Family
Residential(R-1). The R-1 zoning district is intended to:
(1) Establish new residential neighborhoods for detached single-family
dwellings fret 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)'[his 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-I.
(7) Nearby properties have the following characteristics:
Location Zoning Land Use
North Suburban Residential(SR) Residential
South Local Business(B-2)&Suburban Residential(SR) Residential
East Suburban Residential(SR) Residential
West Local Business(B-2) Residential
Roberto Aneaga&Meech Gonzales Tell° S
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
P1)0001.21:C120016.21;r5fl009-21;SEPA0009-21
20
RECEIVED
-;EP 2 3 2021
Q*IY OF YAKIMA
PLANNING DIV.
VD. Yakima Comprehensive Plan 2040. The subject property is located
within the Low Density Residential designation which provides for low density
residential development. The following Comprehensive Plan goals and policies
apply to this proposal:
(I) Goal 2.1: Establish a development pattern consistent with the com-
munity's vision.
(2) Policy 2.1.7• Allow new development only where adequate public
services can be provided.
(3)Goal 2.3: Preserve and enhance the quality, character, and function of
Yakima's residential neighborhoods.
(4) Policy 2.3.1: Provide for a wide variety of housing types within the city
to meet the full range of housing needs for Yakima's evolving population.
(5) Policy 2.3.1(E): Duplexes. Continue to allow duplexes in appropriate
residential zones, provided density standards arc met. Consider incorporating
design standards that emphasize a pedestrian-oriented design and the inclusion of
usable open space.
(6) Policy 2.3.3: Create walkable residential neighborhoods with safe
streets and good connections to schools,parks,transit,and commercial services.
(7) Policy 2.3.6: Allow some comparable nonresidential uses in residential
zones, such as appropriately scaled schools, churches, parks and other public/
community facilities, home occupations, day care centers, and other uses that
provide places for people to gather. Maintain standards in the zoning code for
locating and designing these uses in a manner that respects the character and scale
of the neighborhood.
(8) Goal 5.1:Encourage diverse and affordable housing choices.
(9) Policy 5.1.3: Encourage mixed use infill development, particularly
downtown and in commercial nodes.
(10) Goal 5.4: Encourage design, construction. and maintenance of high
quality housing.
Roberto Adcaga&Araccli Gonrnks Tello 6
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-1 Zoning District
Located at 9503,9509 and 9515'Paton Drive
Paa00I-21;C1,20016-21;PSPW09-21:SEPAa009.1
21
RECEIVED
SEP 2 8 2021
WY FLAW G YAK
NIA
Policy 5.4.2:Use transitional densities,design and landscape standards
to ensure housing is compatible with existing character and planned goals.
VIIi. Environmental Review. These applications were required to undergo
State Environmental Policy Act (SEPA) review due to the requirements of a
Planned Development. On August 6,2021,the City's SEPA Responsible Official
issued a Determination of Nonsignificance(DNS)which was not appealed.
IX. Transportation Concurrence Ordinance. The applicant applied for
Transportation Concurrency review on March 26, 2021 (TCO4007-2I). it was
approved for Concurrency on August 23,2021, based on a finding that the traffic
resulting from the development would not exceed the PM peak hour capacity of
the City arterial system and reserve capacity exists on all impacted streets.
X. Applicants' Statement of Details Relative to the Proposed Planned
Development. Pursuant to YMC §15.28.030, the applicants' narrative for the
Planned Development application provides answers set forth in italics below to
specific questions relative to the proposal as follows:
(1) What land uses arc proposed? Proposed land uses are seven duplexes
and yet undetermined commercial land use. It is anticipated that the commercial
use will be typical of the General Commercial zoning district, although the size,
location, access limitations and other characteristics will tend to limit the use of
the site to commercial land uses of a more compatible neighborhood commercial
nature. As proposed, the development agreement will also limit minor modifi-
cations in the manner required by YMC 15.28.080. This Includes no substantial
increase in area for a particular land use, no material changes in the type or
Roberto Arteaga&Araceli Gonzales Idle 7
Planned Development,7 Class(2)Duplexes
8-Lot Slav Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PD0001-21:C1390I6-21;PSPa009-21;SEPA0009.21
22
RECEIVED
,EI 2 '1 2021
.41 s al- YAKIMA
PLANNING DIV.
character of approved land uses or material impacts on the overall design of the
approved master plan.
The application Is being made as a Mixed-use planned development under
YMC 15.28.020(A)(4) based on mixed use planned developments being permitted
in the R-1 zone (YMC 15.28.020(A)) and the proposed commercial lot size
exceeding the 10% limitation for nonresidential land uses in residential planned
developments(YMC 15.18.010(C)(2))'.
The mixed-use category is appropriate to this site because commercial use
of the corner of 96th Avenue and Tieton Drive is consistent with commercial
zoning of the other corners and is more compatible with this signalized
intersection. As such, It is designed in harmony with the overall site plan and does
not significantly impact adjoining properties and development. It provides
flexibility in design, concept and usage that meets the needs of the community and
marketplace(YMC 15.28.020(73)(3)).
'This limitation is characterized as a factor that the hearing examiner
should take Into consideration when authorizing additional land uses (YMC
15.28.020(C)). This suggests that it is not necessarily mandatory In a residential
planned development. [emphasis by the applicant)
(2) Will the land be subdivided? If so, what type of subdivision? (Long
Plat, Short Plat, Binding Site Plan, etc.) The eight lots will be created by short
subdivision, although it is also possible to reconfigure the three existing parcels.
(3) How does the proposed Planned Development allow flexibility in
development standards and permitted uses while ensuring compatibility with
neighboring uses? Revised street improvement standards are intended to develop
a narrower street providing a smaller scale character to the proposed
neighborhood and to make more of the site available for residential use. As a
private residential street and not a through street, it will have low speeds and
traffic levels. A single sidewalk is to be provided for pedestrian access. The slope
of the proposed street is necessary to accommodate existing topography. The
commercial site is intended to provide for mixed use and to make use of a corner
on a busy intersection that is less desirable for residential use. Since the other
corners of the intersection are now zoned commercial, the use of this properly
should be generally compatible with surrounding properties. The commercial lot
will have direct frontage and access on to the adjoining arterial streets and will
Robcno Aneaga&Araceli Gonzales Tello 8
Planned Development,7 Class(2)Duplexes
8-Lot Slam Plat in the R-I Zoning District
Located at 9503.9509 and 9515 Tieton Drive
PDa00I-21:CL2a016-21;PSP11009.21;SP.PAM009-21
23
RECEIVED
SEP 2 A 2021
GITY Of YAKIMA
PLANNING DIV.
not utilize the neighborhood street for access except where it enters the site at the
commercial lot.
(4) Describe how the proposed Planned Development facilitates the
efficient use of the land. Because of its topography, this is a relatively difficult
site to develop. The narrower street configuration provides for efficient use of the
site allowing more space for residential sites. Orientation of the residential and
commercial land uses to the 96th Avenue/Tieton Drive intersection provides for a
transition of land use intensity from the existing neighborhoods north and east of
the site to the commercial site at the intersection. The slopes are a physical
boundary between residential and commercial use of the site.
(5) Describe how the proposed Planned Development increases economic
feasibility (i.e., fostering efficient arrangement of land use, buildings,
transportation systems, open space and utilities). Duplexes are permitted as a
Class 2 land use in the R-1 zoning district. Proposed lot sizes and lot widths
conform ro the minimum zoning standards and the residential lots conform to
minimum lot coverage and building height standards. For the commercial lot, a
modified lot coverage standard is proposed consistent with standards typically
allowed for commercial use. The planned development and subdivision are
efclently laid out and consist of private vehicular circulation and residential lots.
(6) How does the proposed Planned Development preserve or enhance
natural amenities, features, shorelines and critical areas in the development of the
site? Site design provides for the topography of the site, generally consisting of
two levels separated by a relatively steep slope. The slope will accommodate view
lots and possibly daylight basements and forms a logical boundary between the
residential area on the higher part of the site and the commercial area fronting on
the signalized intersection. No common open space is proposed because lot sizes
are sufficient for private yards. There are no shorelines or critical areas on or in
proximity to the site.
(7) Identify environmental impacts and appropriate mitigation measures.
SEPA review has not been completed and significant environmental impacts have
not been identified. Some of the site considerations that are being made, based in
part on meeting with the City Development Service Team, include locating site
approaches with sufficient distance from the signalized intersection, designing the
Roberto Aneaga&Araceli Gonzaks 7ello 9
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
P1)110141;C12101621:PSPA009-21;sEPAN109-21
24
RECEIVED
51 l 7. ?, 2021
GUY UI- YAKIMA
PLANNING OIV.
Interior street to reduce the potential for hazardously steep slopes coming into the
approaches to City streets and accommodating a pressurized sewer main in 72nd
Avenue in utility design. Design of the commercial and residential parts of the
project to account for topography and orientation to the signalized arterial street
intersection promotes compatibility among the land uses on the site and nearby
neighborhoods.
(8) How does the proposed Planned Development encourage environ-
mentally sustainable development?The project will use "law-impact development"
concepts defined as stormwater management and land development strategies that
emphasize conservation and use of existing natural site features integrated with
disturbed, small-scale stormwater controls to more closely mimic natural
hydrologic patterns in residential, commercial and industrial settings (YMC
15.02.020). Stormwater will be retained on-site and drainage and infiltration
facilities. The proposal accommodates population growth within the urban growth
area to the benefit of resource and sensitive lands farther out and to reduce
sprawl.
(9) What services and facilities are available to serve the property? Arc
those services adequate? Available utilities include 8-inch sewer lines and 12-inch
water lines in both Tieton Drive and 96th Avenue. Existing fire hydrants are on
Tieton Drive in front of the proposed commercial lot and northwest of the site at
the corner of 96th Avenue and Walnut Street. Also available are electric power,
natural gas, cable television and telephone. The site is in the West Valley School
District-Cottonwood Elementary School is about %mile away-and is served by
City fire,police and emergency services.
(10) Will the proposed development promote economic development,job
creation, diversification or affordable housing? With or without the Master
Planned Development, the project provides economic development and construc-
tion jobs. The proposed housing adds to capacity currently needed in the
community.
(11) How does the proposed development create vibrant mixed-use neigh-
borhoods,with a balance of housing,commercial,and recreational facilities? The
proposal, along with neighboring properties, provide a mix of housing and
commercial opportunities to this area. The neighborhood to the north and east has
Roberta Aneaga&Araceli Gonzales Tello 10
Planned Development.7 Class(2)Dupkxos
8•Lot Short Nat in the It-I Zoning District
Located at 9503.9509 end 9515 l ietan Drive
PD10001-21;CL2416-21;PSPa009.11;SBPAM*AL
25
RECEIVED
SEP 2 3 707.1
CITY OF PLANNING RAN
a combination of attached and detached single-family residences of both manufac-
tured homes and homes of conventional construction with a few duplexes. There is
a self-storage (residential mini storage) complex about 300 feet north of the site.
Property to the east has older homes on larger lots north of Tieton Drive and
newer duplexes and single-family residence on the south side of the street. The
properties across 96th Avenue and Tieton Drive are commercially zoned parcels
that are mostly undeveloped, with single-family homes and a few small businesses.
(12) How is the proposal consistent with goals,policies,and objectives of
the Yakima Urban Area Comprehensive Plan? Consistency with Plan goals and
policies include the following:
Policy 2.1.7. Allow new development only where adequate public
services can be provided.
Policy 2.3.1. Provide for a wide variety of housing types within the
city to nicer the full range of housing needs for Yakima's evolving
population.
Duplexes are allowed in appropriate residential zones provided that
density standards are met(Policy 2.3.1.E)and are listed as a permitted use
in the R-1 zone (Class 2 review — generally permitted). Pedestrian
orientation is provided by the private access street. Lot size and home
design provide usable open space on each lot.
The proposal preserves and enhances established residential
neighborhoods(Policy 1.3.2)by providing housing units In an area already
characterized by a mixture of housing types and that are compatible with
them in character and design. Tieton Drive and 96th Avenue are served by
public transit.
The private residential street is safe and walkable(Policy 2.3.3),ties
into existing sidewalks on the arterial streets, and has good connections
with transit access to schools,parks and commercial services.
The commercial lot can be allowed in a residential zone under
Policy 2.3.6.
The proposal adds to the diversity of housing choices consistent with
Goals.!.
The use of transitional densities to ensure compatibility is consistent
with Policy 5.4.2. In this case the transition is from the existing neighbor-
Roberto Adage&Araceli Gonzales Tello 1 t
Planned Development.7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PO4/001-21:CL.7.OI6-21;PSPp009-21;5PPAa009.21
26
RECEIVED
SEP 7 8 7pp
tTV llf YAItIMa
PLANNING ow
hood north and cast to the somewhat higher residential density of the site
and then to commercial at the intersection of 96th and Tieton.
(13) How does the proposed Planned Development utilize unique and
innovative facilities that encourage the efficient and economical use of the land?
Development of the project to the topographic characteristics of the site using a
modified, narrower street design encourages efficient and economical use of the
land
(14) Does the proposed Planned Development promote a sound system for
traffic and pedestrian circulation?Describe. The small-scale private access street
will provide a safe route for vehicles and pedestrians with a single sidewalk that
connects to existing sidewalks and transit on 96th and Tieton. Sidewalks are
continuous on both sides of Tieton Drive to the west, 96th Avenue to the north and
south on 96th Avenue to Cottonwood School and beyond
(15)How does the proposed Planned Development promote open space and
use of natural and/or developed amenities? The project is being designed to
physical characteristics of the site, which Ls made up of two levels separated by a
relatively steep slope. This provides for residential views and a physical boundary
between the residential and commercial elements of the development, the latter
which is oriented to the arterial street intersection. Private yards are being
provided on each residential lot.
(16) Will the proposed Planned Development provide an architecturally
attractive, durable and energy efficient development? Residential buildings will
be similar in look, but varied In part to account for lot slope and configuration. A
mix of exterior surfaces and colors that ore compatible with the surrounding
neighborhoods will be used They are being designed to conform to current
building codes and the Washington State Energy Code. All City setback, lot
coverage, lot size and lot width standards are to be met on the residential lots.
(17) Please provide a summary of all previously known land use decisions
affecting the applicant's property and all outstanding conditions of approval with
respect to such prior land use decisions. Review ofpublic records did not uncover
any previous land use decisions affecting this property. It is not part of a plat or
Roberto Aneaga&Araceli Gonzales Tell° 12
Planned Development.7 Class(2)Duplexes
8-Lot Short Mat in the R-I Zoning District
Located at 9503,9509 and 9515 Tinton Drive
PDa001-21;C!]a01621:PSP*09-21;SEPN009-21
27
RECEIVED
SEP 2 3 202i
UTY of YAKtNIA
PI ANWNR Dlv
short subdivision and Yakima County Assessor's records show no segregation or
merge transactions recorded in their system.
(18) Any other development standards proposed to be modified from the
underlying zoning district requirements. Underlying zoning district standards
being reduced by this application other than private road construction standards
are focused on the conunereial lot A lot coverage standard of 100%is proposed,
typical of commercially zoned areas in the City. This addresses the need for
additional impervious surfaces such as parking and for less open space.
Sitescreening standards are to be modified to take into account the topographic
characteristics.
Private roads are allowed in master planned development overlays by YMC
15.09.100. The proposal conforms to private road standards with the following
exceptions:
a. YMC 15.09.100(A) requires the private road to be constructed to
the minimum standards of the jurisdiction. The minimum standards are in
Title 12 and the fire apparatus road standards required by YMC 15.05.055.
Deviation from these minimums are described below.
b. Deviation from Title 12 standards for private roads (YMC
12.06.090) include easement width of 40 feet rather than 50 feet pavement
width of 24 feet, sidewalk on one side of the street(YMC 12.05.010) and
decorative street lights that may not entirely meet the design standards of
the City engineer(YMC 12.06.080).
c.Slopes exceeding 10 percent on the private street are proposed to
accommodate the topography ofthis site. While this slope standard is given
as a maximum for fire apparatus roads, the fire official may authorize it to
be exceeded in some instances. On this basis, if such authorization is given,
it would presumably not be a deviation from YMC 15.05.055, which does
not specifically require this standard
A inodfed lot coverage standard of 100% is proposed for the commercial
lot only, consistent with the standard for the General Commercial zone. Parking
lot landscaping and storm water control will probably reduce lot coverage in the
commercial lot to below this maximum.
The modified lot coverage standard is consistent with that required in
commercial areas and the intent of lot coverage in commercial districts to
Roberto Ancaga&Araceli Gonzales'Pella 13
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R•I Zoning District
Located at 9503,9509 and 9515 Ticton Drive
P00001.2I;CL2A0I6.21;PSP*t1O -21:SP.PANO01921
28
RECEIVED
SEP 1 ? 202i
QTY OF YAKIMA
PLANNING ON.
promote development consistent with the character of the district,protect setbacks
and integrate open space, landscaping and off-street parking because the latter
improvements will be required under other code provisions not being modified.
The standard is consistent with the intent of lot coverage in the R-I zone to protect
the open character of the district with setbacks and other design characteristics
that promote compatibility between commercial and residential elements of this
proposal.
Modified sitescreening requirements between the commercial and resi-
dential lots are to allow residential fences to meet the normally required Standard
'C'requirement under YMC 15.07. Deviations would be from YMC 15.07.020,
which for commercial land use, requires sitescreening along a property line
shared with a vacant parcel in the R-1 zone,from YMC 15.07.100, that requires
sitescreening to be completed prior to occupancy or commencement of use and
from YMC 15.07.070(1)requiring sitescreening to be located on the property line
because due to the slope, residential fences may not be directly on the property
line. For Lot 7. the fence may be located across the private street from and above
the east line of the commercial lot.
The modification to the .sitescreening standard would allow residential
fences to be constructed as the residential lots are developed This is to
accommodate the slopes between the commercial site and residential lots and in
that manner to meet the purpose of sitescreening to provide a visual buffer
between land uses of different intensity. This purpose is being men because of the
effect that the slope has on standard sitescreening requirements. Sitescreening rs
not necessary to reduce erosion and stormwater runoff because this will be
accomplished for this site by other required measures.
(19) What ere the aesthetic considerations related to building bulk,
architectural compatibility,light and glare,urban design,solar access and shadow
impacts? Residential buildings are designed to be architecturally compatible with
surrounding neighborhoods. The commercial lot would be compatible with
commercially zoned properties at the 96th and Tieton Drive intersection. None of
the existing zoning district standards for bulk, light and glare are being reduced in
the residential lots. Proposed building height is 35 feet and with setbacks and
topographic characteristics (same general elevation as surrounding areas) no
adverse solar access issues are expected. Because the commercial lot is at a lower
Roberto Arteaga&Anccli Gonzales Telln 14
Planned Development.7 Class(2)Duplexes
S-I.ot Start Plat in the R-1 Zoning District
Located at 9503,9509 and 9515 Titian Drive
PDI001.11;C1211016-1I;PSPs009-214 SFPAM009.21
29
RECEIVED
SEP P 5 2071
CITY Of YAMIM1,
PLANNING DIV
elevation than the residential neighborhoods, this should not pose adverse solar
access issues.
(20) Please provide an inventory of any on-site cultural, historic and/or
archaeological resources. Review of public records available from the Department
of Archaeology and Historical Preservation showed no inventoried resources an
the project site.
XI. Applicants' Statement of Details Relative to the Class (2) Duplex
Uses. Pursuant to YMC §15.14.030, the applicants' narrative for the application
for approval of Class(2)duplex uses provides answers set forth in italics below to
specific questions relative to the proposal:
(I)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 pa week and all other relevant information related to the business.
This 7)pe 2 review application is to authorize the development of 14 duplexes in
the R-1 zone. Off-street parking on each residential lot is to provide a minimum of
two parking spaces per unit, or four spaces per lot for a total of at least 28
parking spaces.
(2) How is the proposal compatible to neighboring properties? Residential
use of neighboring properties is a mixture of attached and detached single-family
residences and duplexes, with single-family dwellings predominant. The proposed
development provides a transition from the adjoining neighborhood to the
commercial land use and zoning at the intersection of 95* [96*7 Avenue and
Tieton Drive. It is to be served by its own private street with no direct connection
to the surrounding lower density areas.
(3) What mitigation measures are proposed to promote compatibility?
Duplexes designed to be similar in look but varied with a mix of exteriors and
colors that are compatible with surrounding neighborhoods. R-1 toning standards
Roberto Aneaga&Araceli Gonzales Tello 15
Planned Development,7 Class(2)Duplexes
a-l.ot Short Plat in the R-1 Zoning District
Located u 9503,9509 and 9515 Tieton Drive
PDa001.21;Ct3110t6.lt:PSPP009-21;SEPA0009-21
30
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PLANNING OIV.
are being followed including standards that have the most effect on compatibility
—building height, residential setbacks and lot coverage.
(4) How is your proposal consistent with current zoning of your property?
This proposal is consistent with the intent of the Single-Family Residential zone to
establish residential neighborhoods for detached single-family dwellings free from
other uses except those which are compatible with, and serve the residents, which
may include duplexes if established during the subdivision process (YMC
15.03.020(B)). A private street is to be provided to allow for access from
individual lots as a better alternative to using the arterial streets for access that,
in this instance,are the only Ciry streets available to the site.
(5) How is your proposal consistent with uses and zoning of neighboring
properties? Surrounding properties are Suburban Residential to the north and
east and B-2,Local Business to the south and west. There are also higher density
R-2 and R-3 zoned areas farther to the west and northwest and to the southeast
across Tieton Drive. The proposal is consistent with the residential use and
densities of the surrounding residential areas.
Compatibility with the commercially zoned areas is being addressed by the
planned commercial use of a new proposed lot at the intersection of the two major
adjoining streets, an action that is not part of this Type 2 review. The commercial
lot along with the dierent elevations that characterize the project site provide for
a transition from the commercial zoned lands across the street and the busy
intersection to the proposed duplex development. The transition continues to the
lower density residential areas to the north and east which are characterized by a
mixture of residential construction including attached and detached single-family
residences of both manufactured homes and homes of conventional construction
with a few duplexes, a self-storage (residential mini storage) complex about 300
feet north of the site, older homes on larger lots on the north side of Tieton Drive
and newer duplexes and single family residence on the south side of the street.
(6) How is your proposal in the best interest of the community? The
proposed housing is consistent with comprehensive plan policies to provide for a
wide variety of housing types within the city to meet the frill range of housing
needs for Yakima's evolving population,encourage diverse and affordable housing
chokes throughout the Ciry,convenient access to transit and a range of unit types.
Roberto Aneaga&Aracoli Gonzales Tell° 16
Planned Development,7 Class(2)Duplexes
8-1.ot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tifton Drive
PIM001.21;CISI116-211 PSP10009.21:SP.PM0e9.21
31
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SEP :+ 'Oil
CITY'OF YAKIMA
PLANNING ON
XII. Development Services Team and Interested Agency Comments.The
following comments were submitted by the Development Services Team as a
result of its review conducted on June 8,2021, and by the other public agencies
which submitted information regarding this proposal:
(I) Code Administration:
(a)Preliminary addressing for the plat is as follows:
Lot I 413 S.96th Avenue#1-2 Lot 5 421 S.96th Avenue#1-2
Lot 2 415 S.96th Avenue#1-2 Lot 6 9505 Ticton Drive#1-2
Lot 3 417 S.96th Avenue#1-2 Lot 7 9503 Tieton Drive#1-2
Lot 4 419 S.96th Avenue#1-2 Lot 8 9515 Ticton Drive
(b)Payment of applicable Wastewater connection fees must be paid
pursuant to YMC 7.58.
(c) Any work to be performed in City right-of-way requires an
Excavation permit from City Engineering prior to commencing work
(YMC 8.72).
(2) Engineering: This project requires Title 8 and 12 improvements,
including but not limited to the following:
(a) 12.02 Easements shall be established per this chapter.
(b) 12.02—Private streets shall be constructed with curbs,sidewalks,
and street lighting and shall otherwise conform to the standards for public
streets.
(c) 12.06.020— Right of way—Tieton Drive is classified as Minor
Arterial requiring a total of 80 feet of right of way (40 feet half width).
Adequate right of way shall be dedicated if necessary to provide for 40 feet
width from centerline of right of way along frontage.South 96m Avenue is
classified as a Collector Arterial requiring a total of 60 feet of right of way
(30 feet half width). Adequate right of way shall be dedicated if necessary
to provide for 30 feet width from centerline of right of way along frontage.
(d) YMC 15.06.065 — Driveway access shall be limited in the
vicinity of a signalized street intersection. No driveway shall be permitted
Roberto Artoaga&Araceli Gonzales Tollo 17
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PD1001-21;C.L2a016.21:PSratg9.21:SEPA000941
32
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SEP 2 2 2821
CITY Of YAKIMA
PLANNING DIY
within one hundred feet of a signalized intersection, as measured from the
right-of-way line. Any driveway within two hundred feet of the right-of-
way line of the intersection shall be restricted to right turns only.
(c) YMC 8.67 and 12.05 — Where existing driveways arc not
utilized,they shall be removed,and new curb,gutter and sidewalk shall be
installed. Ncw sidewalks shall be constructed per standard detail R5. Any
existing curb, gutter along frontage that is unfit or unsafe shall also be
repaired/replaced.
(I) YMC 8.72 — An excavation and street break permit shall be
obtained for all work within the public right of way.
(g)All improvements and shall be completed prior to Certificate of
Occupancy.
(3) Nob Hill Water Association;The owner will need to submit finalized
engineered plans for site. Design and cost estimate will be needed to supply new
development.Owner will need to call Nob Hill Water.
(4) Surface Water:
(a) If this project involves clearing or grading one acre or
more,a Large Project Stormwater Permit shall be requited from the
applicant. The requirements of a Large Project Stormwater Permit
are:
(i) Drainage plan(s)and calculations;
(ii) Stormwater maintenance agreement and plan;
(iii) Proof that the maintenance agreement was record-
ed in the Yakima County Auditor's Office
(iv) Construction Stormwater Pollution Prevention
Plan (SWPPP) or Erosivity Waiver. The Construction
SWPPP (or Erosivity Waiver Certificate Statement) shall be
reviewed and approved by the Surface Water Engineer prior
to any grading or construction. A Temporary Erosion and
Sediment Control (TESC) plan shall be submitted for
approval.
Roberto Aneaga&Araceli Gonzales Tello 18
Planned Development,7 Class(2)Duplexes
8-lot Short Plat in the 12.1 Zoning District
Located at 9503.9509 and 9515 Tieton Drive
PDr001-21;C12401641;PSPa009.21;SEPAI4e9-21
33
RECEIVED
SEP 2 3 2021
CITY OF YAKIMA
PLANNING Dlv.
(v) In lieu of turning in a Construction Stormwater
Pollution Prevention Plan, the applicant can satisfy this
requirement by obtaining a Construction Stormwatcr General
Permit through the Washington State Department of Ecology.
A copy of the signed General Permit shall be delivered to the
Surface Water Engineer.
(vi)A narrative explaining how Core Elements 1-8 are
being satisfied.
(vii) An operation and maintenance plan for the
perpetual maintenance of the facilities is now required.
(b) Grading and/or building permits shall not be issued
without the project site first passing an erosion control inspection.
(c) Complete stormwater design plans, specifications and
runoff/storage calculations supporting the stonnwater 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 be
reviewed and approved by the City of Yakima Surface Water
Engineer prior to construction.
(d) UIC Registration—Stormwater:
(i)In accordance with the August 2019 edition of the
Department of Ecology's Stormwater Management Manual
for Eastern Washington (SMMEW), Underground Injection
Control(UIC)wells constructed on or alter February 3,2006
are considered new and must be registered with the Depart-
ment of Ecology (DOE) 60 days prior to construction. UIC
wells that receive polluted runoff shall retain the larger of the
100-year 3-hour and 100-year 24-hour storms and shall be
designed for treatment using Table 5.23 of the SMMEW.
(ii) If the clearing and grading is less than one acre
then a drainage report shall be required for the project. The
report shall be prepared by a licensed engineer in Washington
State for review by the Surface Water Engineer. All storm-
water runoff up to the 25-year storm shall be retained and
infiltrated on site.
Roberto Arteaga&Araceli fmnraks Tello 19
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-t Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PDa90141;CU/0016-21;PStM009.21;SEPA9n0941
34
RECEIVED
SEP 2 8 2021
WY OF YAKIMA
PLANNING OIY•
(5) Wastewater: Proposed sewer extension will need to be submitted per
'title 12 requirements. There is a City of Yakima Wastewater Lift Station on the
southwest corner of the lot. The access for this Lift Station will need to be
maintained. The associated ENG permit will need to show the lift station limits
and call out existing easements.
(6) Yakima-Tieton Irrigation District: Parcel 181319-33005 is within the
Yakima-Tieton Irrigation District boundary and has a permanent easement on the
above parcel so they will need to show the easement on plat map.They will need
to follow our Resolution 97-5.
(7) Department of Archaeology&Historic Preservation:
(a)Thank you for contacting the Washington State Ilistoric Preser-
vation Officer (SIIPO) and Department of Archaeology and Historic
Preservation (DAHP) and providing documentation regarding the above
referenced project. Our statewide predictive model indicates that there is a
high probability of encountering cultural resources within the proposed
project area. 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 recommend consultation with the concerned Tribes' cultural commit-
tees and staff regarding cultural resource issues.
(b) These comments arc 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 DAHP
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. Should you have any questions. please feel free to
contact me.
Roberto Aneaga&Atticeli Gonzales Telln 20
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R•I Zoning District
Located at 9503,9509 and 9515 Tleton Drive
PDM141141;C121016.21;1'S►a109•4I;SEPAI1009-21
35
RECEIVED
SEP 2 3 171
GITY Or YAKIMA
PLANNING DIV
XI111. Public Comments Relative to the Proposal. The public notice was
sent out on May 28,2021. As of the September 9, 2021, hearing a total of four
public comments from residents of the area were received. Three of them were
identical letters from the residents of two properties adjacent to the proposal on the
north and one property across the street to the north of those two properties."Those
comments in italics which are slightly edited in the Planning Division staff report
and which are followed by the staff responses are as follows:
(l) I have questions and comments concerning this review. Why didn't I
receive a copy of this form?1 had to borrow it from my neighbor who lives across
our shared driveway. Staff Response: Public notice is mailed to property owners
within 300 feet of the subject property,and your property is located just outside of
that radius.
(2) 1 noticed 2 errors in their Environmental Checklist form. On page 8,
section 4 Plants, they checked only grass and weeds are present.However, there is
one Evergreen tree that's about 60 to 100 feet tall There is also 4 or more
Deciduous trees 20 to 40 feet tall along with several Juniper bushes. On page I.
section 911ousing part a, it asks about a number of units and the price range of
them. They listed the number of units (14) but did not state whether they were
going to he high,middle, or low-income housing. StaffResoonsc:The Urban Area
Zoning Ordinance does not regulate housing based on income and does not affect
the Planning Division's recommendation.
(3) First of all, 14 housing units, at least 28 vehicles, and upwards of SO
people living on 1.3 acres of land cannot possibly be considered "low density. "
This proposal is completely incompatible with the quiet, rural, single-family
residences surrounding this property. Staff Response: Each lot exceeds the
minimum lot size of 8,000 square feet required for a duplex in the 12.-1 zoning
district.
Incorrect Statements;
(4) The applicant states that there are currently "a few small businesses"
on the properties at the intersection of Tieton Drive and 96th Avenue. There are
NO businesses on those properties; there are single-family homes on the
Roberto Aneaga&Arsecli Gonzales Tello 21
Planned Development,7 Class(2)Duplcxca
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515'tieton Drive
PDa001-21;C120016-2I;PSP*O0-21;SEPAMa09.21
36
RECEIVED
SEP 2 3 ?O21
CTY OF YAKIMA
PLANNING DIV
northwest and southwest corners, and a pasture on the southeast corner. Stall
Response:The three other corners of the intersection at which the subject property
is located arc all zoned Local Business (B-2). The northwest corner recently
underwent land use review(CLI#052-2I /SEPA#006-2I)and was approved for a
commercial development.
(5) The applicant states that Sidewalks are continuous on both sides of
Tieton Drive to the west. The sidewalks on Tieton Drive end at the intersection
with 96th Avenue and do not extend any further to the west. Staff Response:There
is existing sidewalk on both sides of Tieton Dr. along the subject property's
frontage.
(6) On Page 11 of the Environmental Checklist, #10, Aesthetics, b. What
views in the immediate vicinity would be altered or obstructed?, the applicant
states that "New buildings erected next to neighboring properties to the north and
east, although the digirence in elevation is not substantial". Our property
elevation is approximately 10'lower than the proposed development's property
elevation. The applicant stales that "no soul will be removed from the property".
When you erect a 35'tall building on top of that, we are pretty sure that our view
to the south will not only be altered, but completely obliterated. We consider a 45'
difference in elevation quite "substantial" Staff Response: While thc Environ-
mental Checklist asks about view changes,the zoning ordinance does not regulate
or protect views between properties.
(7) On Page 12 of the Environmental Checklist, #13. Historic and Cultural
Preservation, a. Are there any buildings, structures, or sites, located on or near
the site ". The applicant states "No". There is an underground bunker at the
base of the steep slope, approximately in the center of the proposed development
site. The structure could contain contaminates and/or hazardous materials that
may have been stored there when the property was previously used for
agricultural purposes. Staff Response: No comments were received from the
Washington State Department of Ecology.
Questions:
(8) Is Lot 8 (the proposed "commercial" lot) currently zoned for comer-
cial use? SaneSDOnSet Lot 8 is not currently zoned commercial nor is it
proposed to be rezoned. A Master Planned Development Overlay allows for
commercial uses regardless of the underlying zoning district.
Robot"Aneaga&Ameeli Goarales Tcllu 22
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503.9509 and 9515 Tinton Drive
PDa001-2I;CUSa016-21:PSPoap9.21;SEPA0009-2I
37
RECEIVED
SEP 2 3 2021
Part PLAMIRIG ON.
(9) How can duplexes be considered "single family dwellings" when, by
design, they are meant to house 2 families side by side? Staff Response: Thc
preliminary plat application was marked "single-family dwellings" rather than
"two-family dwellings,"but the rest of the application references duplexes as the
proposed housing type.
(10) We strongly question the need for additional housing capacity in the
West Valley area when there are currently dozens of single and multi-unit housing
developments underway throughout the West Valley area. Staff Response: The
City of Yakima Housing Action Plan (HAP), finalized in June 2021, determined
that vacancy rates for both rentals and homes for sale arc below I percent, that
median housing prices are rising twice as fast as median incomes, and that more
than a third of'households arc cost burdened. In order for Yakima to achieve a
healthy vacancy rate of 5 percent, 295 dwelling units need to be built annually
through 2040.Most housing capacity is located in the western part of the city.
Concerns:
(11) Our biggest concern Is the complete loss of privacy for ourselves and
the surrounding neighbors. The tenants in the proposed new buildings will be able
to look directly into our backyards and our southern facing windows. To mitigate
this concern, we are requesting: (a)That the building height for the proposed new
structures be limited to 20';and/or (b) That the developer be required to install
privacy fencing along the northern border of their development tall enough to
maintain our existing level of privacy. Staff Response: The planned development
only proposes to modify sitescreening requirements by delaying their installation
along the commercial portion of the development. Sitescreening Standard A(or a
higher standard)shall be installed along the northern and eastern property lines of
the development.
(12) The nature of the proposed business to be located on Lot 8 is not
disclosed in these documents. If this proposal is approved and a business is
allowed to open and operate at the intersection, will we be notified prior to the
establishment of the business and will we be able to comment on the proposed
business? Staff Response- The planned development proposes to limit the
commercial lot to Class(I),(2),and(3)uses permitted in the General Commercial
(GC)zoning district,and will be reviewed as such.Class(1)uses generally require
Type (I) Review, which is an administrative decision, Class (2) uses generally
require Type(2)Review,which is an administrative decision with a public notice
Roberto Arteaga&Araceli Gonzales Tello 23
Planned Development,7 Class(2)Duplexes
8.1.ot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PD41001-I1;CL2a016-21:PSPa009.21:Sr.PAa009QI
38
RECEIVED
SEP 2 0 2021
CRY OF YAKIMA
PLANNING DN
and comment period, and Class (3) uses require Type (3) Review, which is an
administrative recommendation with a public notice, comment period, public
hearing,and decision by the Hearing Examiner.
(13) in closing, we cannot overstate how strongly we are opposed to this
multi-family/commercial development, as proposed It would completely disrupt
our current,long-established,quiet,safe, low density population neighborhood.
XIV. Applicable City Ordinance Provisions Relative to the Proposed
Planned Development. City ordinance provisions which are applicable to the
proposed Planned Development include the following:
(1)YMC 415.28.010(AI: Purpose: A master planned development overlay
(PD) is a comprehensive development plan intended to provide flexibility in
design and building placement, promote attractive and efficient environments that
incorporate a variety of uses,densities and/or dwelling types,provide for economy
of shared services and facilities, and economically utilize the land, resources, and
amenities.
(2) YMC 415.28.025: Minimum Proioct Size;The minimum project size
for a master planned development shall be two acres. All properties included in
the master development plan shall be contiguous with logical outer boundaries.
(3) YMC 415.28.050: Development Agreement: An approved master
planned development overlay (including conditions and development standards)
shall be incorporated into a development agreement as authorized by RCW
36.70B.170. The development agreement shall provide for vesting of such
development conditions and standards as are deemed reasonable and necessary to
accomplish the goals of the master planned development.This agreement shall be
binding on all property owners within the master planned development and their
successors and shall require that development of the subject property be consistent
with and implement the provisions of the approved master planned development.
The approved development agreement shall be signed by the city manager and all
property owners and lienholders within the boundaries of the master planned
development overlay and recorded prior to approval and/or issue of any
implementing plats or permits.
Roberto Aneaga&Atwell Gonzales Tello 24
Planned Development.7 Class(2)Duplexes
8-Lot Short Plat in the R4 Zoning District
Located at 9503,9509 and 9515 Thuon Drive
Pnw00141;C120016-21:P5141009-21;SEPA0009.21
39
RECEIVE(?
SEP 2,CITY OF
3 2i
PLANNING DIVA
(4) YMC 415.28.070(A):Ve.sting;The master planned development review
shall he vested to development regulations, standards, conditions, and laws
applicable at the time the development agreement described in YMC§15.28.050 is
recorded. inclusive of specific conditions and standards set forth in said
development agreement. The vesting period shall be for the time stated in the
development agreement associated with each specific master planned development
and shall be agreed upon by the panics to the development agreement after giving
consideration to the extent and complexity of the proposed development as well as
specific development planning considerations raised by the developer. During the
stated vesting period the applicant shall be entitled to implement the master
planned development in accordance with the terms and conditions of approval
described in the development agreement.
(5)YMC 415.09.100(H): Private Street Review Requirements:The face of
any plat, short plat, master development plan, binding site plan,or condominium
document containing a private road, and all subsequent documents transferring
ownership of lots within such plat or short plat,shall bear the following language:
"The City of Yakima has no responsibility to build, improve, maintain or
otherwise service any private road for this plat/short plat.Any right-of-way
dedicated to the public by this plat/short plat shall not be opened as a City
(or County)street until such time as it is improved to city street standards
and accepted as part of the City transportation system?
XV. City Ordinance Provisions Applicable to the Seven Proposed Class
f2) Duplex Uses. City of Yakima ordinance provisions which are applicable to
the seven proposed Class(2)duplex uses include the following:
(I) YMC 415.04.020(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
Roberto Arteaga&Araceli Gonzales Tello 25
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-1 Zoning District
Located at 9503.9509 and 9515 Teton Drive
PD0001-21;Ct21.016-21:Psva909.21;SEPA00094I
40
RECEIVED
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CRY OF YMIMA
PLANNING 01V
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 Typc (3) review, as provided
within this title.
(2) YMC 615.14.020: Type(2) Review: Type(2) Review is required for
any proposed use shown on Table 4-1 as a Class (2) use, for Class (I) uses
requiring Type (2) review in YMC §15.13.020; and for other specific reviews
established by this title.
(3) YMC 615.02.020: 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.
(4) YMC 615.10.020: Dwelling, Two-Family Defined: "Dwelling. two-
family" means a structure designed exclusively for occupancy by two families
living independently of each other and containing two attached dwelling units on
the same lot.This definition includes the term"duplex."
(5) Parking Spaces Required:YMC Table 6-I in YMC§15.06.040 requires
two-family dwellings or duplexes to have two spaces per unit or a total of four
spaces.
(6) Sitescreening:'1'able 7-1 in YMC§15.07.050 requires Standard A(or a
higher standard) to be installed along the rear property lines of the duplexes
abutting the adjacent single-family lots along the north and cast property lines of
the boundaries of the Master Planned Development overlay, and also along the
rear property lines of the duplexes abutting Lot 8 within the overlay.
(7) Sitcscreening Standard A: Sitescreening 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 YMC Chapter 15.07.
(8) Sitescreening Standard B: Sitescreening 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.
(9) Siteacreening Standard C: Sitescrecning Standard C consists of a six-
foot-high, view-obscuring fence, made of wood, masonry block, concrete, or
Roberto Aricaga&Araceli Gonzales Telto 26
Planned Development,7 Class(2)t)upkxes
8-Lot Shod Plat in the R-1 Zoning District
Located at 9503,9509 and 9515 Tielon Drive
PI1a001-21;t;L20016-21:PSP1009.21;SEPAa009.21
41
RECEIVED
SEP E 8 2021
OILY OF YAKIMA
PLANNING ON.
slatted chain link material. A three-foot-wide 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.
(10) Lot Coved When developed,each duplex lot shall not exceed the
lot coverage limitation of not more than 60%in the Single-Family Residential(R-
1)zoning district.
XVI. Applicable City Ordinance Provisions and State Statutory
Provisions Relative to the Proposed 8-Lot Preliminary Short Plat. City
of Yakima ordinance provisions and State statutory provisions which are
applicable to the proposed 8-Lot Preliminary Short Plat which by virtue of YMC
§14.15.020(8) and §14.15.050 are similar to the requirements for Preliminary
Long Plats include the following:
(I) YMC 615.05.030(A): Creation of new lots—Subdivision requirements:
Table of Subdivision Requirements Pursuant to YMC §15.05.030(A),the Table
establishes basic development criteria for lot size and width that must be met when
reviewing an application for a new subdivision. For two-family dwelling con-
struction in the It-I zoning district,the required minimum lot size is 8,000 square
feet, while for permitted non-residential uses the required minimum lot size is
10,000 square feet.
(2) YMC t 15.OS.OS5t1): 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 DI07,respectively,of Appendix D of the International Fire Code(2009
Edition). Additionally, such residential developments shall be subject to the
requirements of Section DIGS of Appendix D. International Fire Code (2009
Edition),pertaining to aerial???fire apparatus roads,as applicable.All provisions
of the International Fire Code referenced above are hereby adopted and
incorporated herein by this reference,as now existing or as hereafter amended and
adopted by the city. Minimum requirements for the primary and secondary access
will be at least twenty-foot-wide,unobstructed,paved lanes.
Roberto Artcaga&Atwell Gonzales Tello 27
Planned Development,7 Class(2)Duplexes
8-1at Short Plat in the R•I Zoning District
l.ocakal at 9503,9509 and 9515'Fitton Drive
PDa001.21:C121C16-21:PSP0009-21;SEPAaa09-21
42
RECEIVED
SEP g e 2021
GITY KIMA
PLANNIN0 ON
(3)YMC 612.02.010: Establishment of casements:Public utility casements
shall be established for the location of new and proposed public utility lints
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 $12.02,020: 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 412.03,010:Sewer service required;YMC§12.03.010 requires all
new lots and developments to be served by a sanitary sewer line located adjacent
to the lot or development site.
(6) YMC 412.03.040: Minimum sewer size: The minimum size for public
sewer lines is eight inches in diameter.
(7)YMC S 12.03,070: Side sewer service'Each building containing sanitary
lucilitics shall be served by a separate private side sewer line from a public main.
Branched side sewers serving multiple buildings and properties shall not he
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 of
the development site and other properties in the vicinity.
(9) YMC §12.04.010: 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 1 till Water Company,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.
Roberto Arteaga&Araceli Gonzales Tolle 28
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in eic k-I Zoning District
Locate)at 9503,9509 and 9515 Timor Drive
PDMOo1-21:CL2001621:PSI*t09-21;SEPAM00941
43
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CITY OF YAKIMA
PLANNING OIV
(10)YMC 612.04,020: Water line extension required: Water lines shall he
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.
(II) YMC 6I2.04.040: Minimum size and material standards: Ncw 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 system shall conform to the
requirements of the Nob Hill Water Company.
(12) YMC 612.05.010: 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 612.06.010: Street tunes, functional classification: Thc Yakima
urban area comprehensive plan, and/or the West Valley neighborhood plan,
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 412.06.030: Design standards.adiustmcnt 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 412,06.070: Provision of street curbing: Barrier curbs shall be
installed along all public streets. Rolled mountable cuffs may be permitted along
residential access streets.Curb design shall be consistent with the standards of the
city engineer.
Robeno Arteaga&Araceli Gonzales'fello 29
Planned Development,7 Class(2)Dupkxes
ad.ot Short Plat in the R-1 Zoning District
Located at 9503,9509 and 9515 Tktun Drive
PDN00131:C13N016.21;t5PN009-21:satA0009-21
44
RECEIVED
SEI r
CITY ut
PLANNING ENV
(16) YMC 812.06.080: Street Raining: A street light shall be installed at
each street intersection and at mid block 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 614.05.200 (A-B): Allowance of bond in lieu of actual con-
struction of improvements nrior to aonroval 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
improvements 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
the improvements based upon the approved civil engineering design of the
required improvements.
(18) YMC 614.15.020(3)Short Plat Criteria: YMC §14.15.020(B)states.
in language similar to RCW 58.17,110(1) and (2) applicable to long plats, that
short subdivisions must appropriately provide for the public health, safety, and
general welfare, for open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies. sanitary wastes, parks and
recreation, playgrounds, schools and school grounds, and shall consider all other
relevant facts, including sidewalks and other planning features that assure safe
walking conditions for students who only walk to and from school which are also
features required by RCW 58.17.110(1). The administrator may determine that
other considerations arc appropriate to evaluate as criteria for approval.
Roberto Aneaga&Araceli Gonzales Tello 30
Planned Development,7 Class(2)Duplexes
8-Lot Short Mat in the R-I Zoning District
Located at 9503,9509 and 9515 7 icton Drive
PD,001.21:C114016.2I;PSP0009.21;SEPAa009-21
45
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PLANNING ON
XVII. J%laster Planned Development Overlay Criteria and Findines.
The purpose of a Planned Development described in YMC Chapter 15.28 is to
provide flexibility in design and building placement. promote attractive and
efficient environments that incorporate a variety of uses.densities and/or dwelling
types, provide for economy of shared services and facilities, and economically
utilize the land, resources and amenities. YMC §15.28.040(D) provides that the
Hearing Examiner shall evaluate a Master Planned Development application and
other evidence submitted into the record,and shall issue a recommendation to the
City Council based upon the following considerations and criteria:
(1) Subsection 15.28.040(Dxl) - The Master Planned Development
application demonstrates the economic and efficient use of land and provides
for an integrated and consistent development plan for the site. The residential
nature of the proposed development that abuts existing single-family homes is
consistent with the R-I zoning district and the future land use designation of Low
Density Residential. The planned development/subdivision design is efficiently
laid out and consists of a private street,seven duplex lots,and a commercial lot.
(2) Subsection 15.28.040(Dg2)—The applicant has identified develop-
ment standards and uses that are consistent with the master plan and
designed in a manner that is compatible with adjacent land uses after
consideration of applicable mitigation and site design.The Hearing Examiner
may consider development standards that are different from currently
adopted development standards in order to provide flexibility in site
planning; to implement project design and concepts; to respond to market
conditions; or to otherwise achieve the public benefits contemplated by the
concept plan.The modifications of street standards from 50 to 40 feet of right-of-
way width with 24 feet of pavement width,with sidewalk on one side of the street,
with possible slopes exceeding 10% and with possible street light modifications;
the modification of the lot coverage allowed for the commercial lot of 100%; and
modifications of the sitescreening which is to be provided as each duplex is
constructed which are all described above in Subsection(XX18) are features that
will provide flexibility while being compatible with the adjacent land uses.
Roberto Aneaga&Araceli Gonzales Telto 31
Planned Development 7 Class(2)Duplexes
8-Lot Short Plat in the R-t Zoning District
Located at 9503.9509 and 9515 Tieton Drive
PD0001-21:C1d1101641;PSP1a09.21:SP.PAk009-21
46
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PLANNING DIV
(3) Subsection 15.28.040(DX3) — Consideration shall be given to "low
impact development" concepts. The duplex lots will exceed the minimum lot
size of 8,000 square feet and will serve as a buffer between the existing single-
family homes and the commercial lot which will have a lot coverage of up to 100
percent.
(4) Subsection 15.28.040(Dx4)—There will be adequate infrastructure
capacity available by the time each phase of development is completed. All
lots will be served by City of Yakima sewer and Nob Hill Water Association
water.There will he adequate transportation infrastructure,as noted in the Traffic
Concutrcncy decision. The private road provides for an efficient traffic circulation
pattern with no dead ends.
(5) Subsection 15.28.040(D)(5) — The Master Planned Development
contains design, landscaping, parking/traffic management, and use mixture
and location that limit or mitigate conflicts between the Master Planned
Development and adjacent uses. Consideration shall be given to site planning
that supports land use flexibility through means of appropriate setbacks,
landscaping, site screening, buffers, and other design features or techniques.
The proposed lot sizes, lot width,and setbacks will allow the dwelling units to be
situated in a low density manner,serving as a buffer from the commercial lot.
(6) Subsection 15.28.040(D)(6) — All potential significant off-site
impacts including noise,shading,glare, and traffic have been identified and
mitigation incorporated to the extent reasonable and practical. Thew are not
anticipated to be any significant off-site impacts. Each duplex will have its own
parking. A SEPA Determination of Nonsignificance was issued on August 6,
2021,which was not appealed.
(7) Subsection 15.28.040(D)(7)--The project is designed and includes
appropriate consideration of open spaces and transportation corridors,
designs of street and public open space amenities, and results in the
functional and visual appearance of one integrated project The development
contains private open spaces located on the individual lots. The duplex lots will
visually separate the commercial lot from the existing single-family homes north
and cast of the subject property.
Roberto Areaga&Araceli Gonyales Tells 32
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the It-1 Zoning District
located at 9503,9509 and 9515 Titian Drivo
P1)0001-21;CI.24016.21;PSPa009-21;SPXAM009-21
47
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CITY OF YAKIMA
PLANNING 01V
(8) Subsection 15.28.040(D)(8)— The proposed project is not adverse
to the public health, safety, or welfare. The development will not adversely
affect the environs of the area,nor is it expected to cause any traffic concerns.
(9) Subsection 15.28.040(DX9)—The public benefits of approving the
Master Planned Development outweigh the effect of modification of
standards to the underlying zoning district. Approval of this Planned
Development will provide for seven duplex lots. Lot sizes and lot widths will
follow the standards of the R-I zoning district.The additional residential housing
will provide a benefit to the public that outweighs the effect of modification of
standards relative primarily to the width of the private street which will be
adequate for the seven duplexes.
(10) Subsection 15.28.040(DXIO) — The proposed development is
designed to be consistent with the provisions of the Shoreline Master
Program and Critical Areas Ordinance of the City of Yakima. The subject
property is not within a critical area.Environmental Review was required only due
to the requirements for a Master Planned Development Overlay.
(II) Subsection 15.28.030(B)(5)— The following elements set forth in
Subsection 15.28.030(13)(5)of the YMC are properly addressed in a Develop-
ment Agreement:
(A) Narrative description of project and objectives;
(B) Summary of development standards;
(C) Site plan elements;
(D) Development phasing, including times of performance to
preserve vesting;
(E)Public meeting summaries;
(F) Performance standards and conditions addressing the above
items;
(G)Criteria for determining Major vs. Minor modifications and
amendments;and
(H) Signature(s) by each owner of property within the Master
Development Plan area acknowledging that all owners will agree to be
bound by conditions of approval,including use,design and layout,and
development standards contained with an approved Plan and
Development Agreement.
Roberto Aneaga&Araceli Gonzales Tello 33
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-1 Zoning District
Located at 9503,9509 and 9515 Tielon Drive
1,10001.21:C1.2a016.21;PSP1009-21;SI7A6009-21
48
RECEIVED
SE" 2 5 202I
ant MA
PLANNING
DIIV
One of the recommended conditions for approval of the proposed Planned
Development would be the recording of a Development Agreement prior to final
plat approval.
XVIII. Class (2) Duplex Use Criteria and Findings. Since a duplex is
listed as a Class (2) use in the R-1 zoning district by YMC Table 4-I in YMC
§15.04.030, the llearing Examiner's findings and conclusions relative to the
proposed duplex use on seven of the lots within the Planned Development and the
Preliminary Short Nat are required to include specific reasons and ordinance
provisions demonstrating that the duplex uses satisfy all of the following Class(2)
use requirements that are set forth in YMC §15.04.020(B). §15.14.040(G),
§15.02.020 and the similar Type (3) Review criteria that are set forth in YMC
§I5.I5.040(I):
(1) Compliance and Compatibility with the Objectives and Develop-
ment Standards of the Comprehensive Plan. 'Ilse proposed duplex uses would
be compliant and compatible with Comprehensive Plan Goals 2.1,2.3.5.1 and 5.4
as well as Policies 2.1.7,2.3.1,2.3.1(E),2.3.3, 2.3.6,5.1.3 and 5.4.2 as described
above in Section VII of these recommendations.
(2) Compliance and Compatibility with the Intent and Character of
the Single-Family (R-1) Zoning District. The proposed 7 duplexes on a 2.03-
acre parcel would be compliant and compatible with the intent of the Single-
Family Residential (R-I) zoning district which in YMC §15.03.020(B) allows
duplexes if established during the subdivision process. The proposed duplexes
would also be compliant and compatible with the intent of the Single-Family
Residential (R-I) zoning district because YMC Table 4-1 in YMC §15.04.030
allows duplexes as Class (2) uses that arc generally permitted in that zone. The
duplexes would he compliant and compatible with the character of the R-I zoning
district which is developed with residential uses in all directions. The concerns
expressed by written comments of two adjacent property owners on the north arc
understandable and not unusual when two-story residential uses are proposed for
Robeno Arteaga&Anlceti Gowlks tello 34
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PDa001.21;p.TMal4-21;PSPolo9-21;SEPAae0921
49
RECEIVED
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CITY OF Yaws
PLANNING DIV
adjacent property, but the testimony at the hearing indicated that the development
site may be graded to allow for the street slopes to be passable in all types of
weather which to some extent may lower the elevation of the site next to the north
side of the property. The testimony at the hearing also favored approval of the
proposal for many reasons and the staff report correctly responded to concerns
expressed by the written comments.
(3) Compliance with the Provisions and Standards Established in the
Zoning Ordinance. Provisions and standards in the zoning ordinance applicable
to the duplexes include those detailed above in the comments of the Development
Services Team, detailed above in Section XV of these recommendations and
detailed below in Subsection XIX(I Xb)of these recommendations.
XIX. Preliminary Short Plat Criteria and Findings. YMC§14.15.050 and
YMC §14.15.060 require that in reaching a decision whether to approve or
disapprove short subdivisions, a determination shall be made as to whether the
zoning ordinance requirements of YMC Title 15 have been satisfied and whether
the short subdivision is consistent with the standards of the zoning ordinance and
the Comprehensive Plan. YMC §14,15.020(B) requires that the proposed short
subdivision appropriately provides for features similar to those required by YMC
Chapter 14.20 and RCW 58.17.110(1)and(2) relative to long plats.The Hearing
Examiner's findings as to such criteria arc as follows:
(1) Consistency with the City's Urban Area Zoning Ordinance
Improvement and Development Provisions Applicable to the R-I Zoning
District.A determination as to the consistency with the City's Urban Area Zoning
Ordinance 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-I Single-Family Residential
Zoning District: YMC §15.03.020(B) indicates that the intent of the R-1
Roberto Aneags&Araceli Gonzales Tello 35
Planned Development.7 Class(2)Duplexes
8-Lot Short Plat in the R•I Zoning District
Located at 9503.9509 and 9515 Tieton Drive
Pawal-II:C130016I1;PSPa009.21;SEPAa009-I1
50
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PLANNING DIV
zoning district is in pan to allow duplexes established during the sub-
division process.
(b) Consistency with the Design. Improvement and Development
Provisions Applicable to the Sinele-fatnily Residential (R-11 Zoning
District:YMC Chapter 15.05 establishes development standards which may
be varied in a Short Plat that is processed in conjunction with a Planned
Development.Proposed development standards applicable to this Short l'lat
and Planned Development include the following:
(i)Minimum Lot Size: The minimum lot size for a duplex in
the R-1 zoning district is 8,000 square feet. Here the lot sizes for the
duplexes range from 9,404 square fret to 10,063 square feet and the
commercial lot is 19,576 square feet.
(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.O5.O30(A).
(ui)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 residential lots within the proposed
preliminary plat have sufficient lot area to comply with this 6O%
maximum lot coverage development standard.The commercial lot is
proposed to allow the 100% lot coverage that is applicable to some
commercial zones as one of the revised standards to be allowed in
the Planned Development.
(iv)Structure Serbackc: The following setbacks arc required
for the Planned Development unless different setbacks are allowed
by the Development Agreement:
Location From Centerline From the Property
of Right-of-Way Line
Front,private road 37.5 feet 20 feet
Front,Tieton Drive 60 feet 20 feet
Rear N/A 15 feet
Roberto Aneaga&Araocti Gonzales Tello 36
Planned Development,7 Class(2)Duplexes
8-Lot Shop Plat hi the R-I Zoning District
Located at 9503,9509 and 9515 Tieton[hive
PDM001-21:CL2N016-2I:PSPN0094I;SEPAN009-21
51
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CRY Of YAKIMA
PLANNING DIV
Side,South 96'h Avenue 50 fret 10 feet
Side,private road 32.5 feet 10 feet
Side(internal) N/A 5 feet
(v) Maximum Building Height: YMC Table 5-1 in YMC
Chapter 15.05 provides that the maximum building height in the It-I
zoning district is 35 feet.
(vi) Access: All lots would have 20 feet of frontage upon a
public street in accordance with YMC §15.05.020(11) or would be
accessed through a private street within the Planned Development.
(vii) Sidewalk: It is proposed that there will be a sidewalk
along one side of the private access street for the duplexes in the
Planned Development. Per YMC §15.05.0200). there currently arc
sidewalks along the South 966 Avenue and Ticton Drive frontages
of the proposed commercial lot.
(viii) Density: With an approximate density of 15.73 dwel-
ling units per net residential acre, the proposed preliminary plat
complies with YMC §15.05.030(R)and Table 4-1 of YMC Chapter
15.04 which allows duplexes in the R-I zone as a generally-
permitted Class(2)use,and does not limit the density of such a use.
Net residential density excluding the commercial lot and the streets
calculated per YMC §15.05.030:total lot area=2.03 acres; area of
the residential lots not including the commercial lot and the private
street=0.89 acres; 14 dwelling units+ 0.89= 15.73 dwelling units
per net residential acre. (The Notice of Application listed a lower
density due to the inclusion of the commercial lot in the calculation).
(lx) Streets/Dedication of Right-of-Way: No additional right-
of-way is required to be dedicated. Along the private street, curb
and gutter shall be installed on both sides and a five-foot-wide
sidewalk shall be installed on one side.
(x) Frontage Improvements: Per YMC *15.05.020(J), there
currently arc curbs,gutters and sidewalks along both the South 96'h
Avenue and the Ticton Drive frontages of the site. Per the Planned
Development, the applicant is proposing slopes on the private street
Roberto Arteaga&Arnceli Gonzales Tello 37
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PDM001-31;CI3M01641:PSW/009-21:SEPM100941
52
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q7y OF YAKIMA
PUNNING OW
to exceed 10 percent if considered a reduction in standards in
accordance with YMC §15.05.055. 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 the cost will be 150% of the restoration fee with no PCI
discount.
(xi) Wastewater: Sewer shall be extended to the subject plat.
There shall be 8-foot-wide casements along the front of the lots in
accordance with YMC §12.02.010 and §12.02.020. All lots within
the subject 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
Nob Hill Water Association.
(xiii) Irrigation: Parcel number 181319-33005 is within the
Yakima-Tieton Irrigation District which has a permanent easement
on the parcel.
(xiv) Easements: Easements are to be established in accor-
dance with YMC§12.02.010 and§12.02.020.
(xv) Public health, safety, welfare: This proposal comple-
ments adjacent uses and will promote the public health, safety and
general welfare insofar as there is a need in this community for
additional housing.
(xvi) Open spaces: Thc proposed plat provides large enough
duplex lots to provide open spaces of at least 40%of the area within
each lot that would be free of impermeable surfaces.
Ow?) Drainage systems: Drainage system facilities will be
provided in accordance with state and local regulations including the
Eastern Washington Storm Water Manual and the City of Yakima
Municipal Code,
(xviit) Streets, alleys, and other public ways: The subject
property has frontage upon South 96d'Avenue and Ticton Drive,and
Roberto Artcaga&Araceli Gonzales Tello 38
Planned Development,7 Class(2)Duplexes
8-Lot Shutt Plat in the R-t Zoning District
Located at 9503,9509 and 9515'Litton Drive
P10001.21:C12#016-21;P511009.21:SIPA0009-21
53
RECEIVED
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CITY OF YAKIMA
PLANNING DN.
the duplex lots would have frontage on a private road with 40 feet of
right-of-way width and 24 feet of pavement width to provide
adequate access to the duplex lots.
(xix) Water supplies: Public water is required to be used for
domestic and fire flow purposes, and water is available to the site
from Nob Hill Water Association.
(xx) Sanitary waste disposal: A City of Yakima sewer main
capable of serving the development shall be extended in order to
serve all lots.The access to the lift station on the southwest corner of
the lot shall be maintained-
(xxi) Parks and playgrounds: A park and playground is
located approximately 1.7 miles from this subdivision at West
Valley Park.
(xxiii Sites for schools: Cottonwood Elementary School is
located approximately 0.5 miles from this subdivision, West Valley
Junior High School is located approximately 2.6 miles away, and
West Valley High School is located approximately 1.3 miles away.
The School District did not submit any written comments.
(xxiii) Sidewalks: Per the provisions of the Development
Agreement outline,a sidewalk will be provided along one side of the
private street that will provide access to the duplex lots in the
Planned Development. There are existing sidewalks along the South
96th Avenue and Tieton Drive frontages of the site that will provide
access to the commercial lot in the Planned Development.
(xxiv) Public Transit: Yakima Transit Route 1 passes the
intersection of South 96th Avenue and Tieton Drive where the
proposed subdivision is located.
(xxv)Serves the public use and interest: This proposed eight-
lot mixed-use Planned Development and Subdivision serves the
public use and interest by providing lots for future residential and
commercial development in the City.
(xxvi) Time Limitation: Upon preliminary plat approval, the
applicant has five years from the date of preliminary approval to
Roberto Ancaga&Araceli Gonzales'kilo 39
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515"Delon Drive
POA00I41;CLV OI6.21z PS1400941;SPlAA909-21
54
RECEIVED
SEP i. mr
LITYpp,�Of WYRAKIMA
submit the final plat. Thereafter, 30 days prior to the expiration b 'OIV
preliminary 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(YMC §14.20.160). Before the final plat can be
recorded, all required infrastructure must be engineered, completed
and inspected or engineered and financially secured and receive final
plat approval from the Community Development Department.
XX. Consistency Analysis under Subsection 16.06.020(B)of the Yakima
Municipal Code. The following analysis involves the consistency of the
Planned Development.Duplexes and 8-l.ot Preliminary Short 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
duplex development with one commercial lot) is permitted as a Planned
Development and Subdivision with approval of Class (2)duplex uses on the site
so long as it is approved by the Yakima City Council and complies with the
conditions imposed by the City Council.
(2) The level of development with the proposed residential density of the
development will not exceed the allowable level of development allowed for a
Planned Development in the Single-Family Residential(R-l)zoning district.
(3)The availability and adequacy of infrastructure and public facilities
is not an issue because the additional infrastructure that will be provided by the
applicants will insure that adequate infrastructure and public facilities will be
available for the proposed Planned Development and Preliminary Short Plat with
seven Class(2)duplexes and a lot for one or more future commercial uses.
Roberto Artcaga R Meech Gonzales Tell° 40
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-1 Zoning District
Located at 9503.9509 and 9515 Tieton Drive
P10001-21;CL22016-21:P51101009.21:SP.PAa009.21
55
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SEP 'I, i ZD21
GUY OF YAKIMA
PLANNING DIV
(4) The character of the proposal, such as the proposal's consistency
with applicable development standards of the City's Urban Area Zoning
Ordinance, would be in compliance with the Planned Development Agreement
and the conditions of the Preliminary Short Plan approval required by the City
Council.
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner reaches the
following Conclusions:
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima
City Council the approval of a proposed Planned Development and Preliminary
Short Plat with seven Class (2) duplexes and a lot for one or more future
commercial uses that is set forth in YMC §I.43.080, YMC §15.28.040, YMC
§15.14.040(G), YMC §15.15.040(1), YMC §14.15.020, YMC §14.15.050 and
YMC§14.15.060.
•
(2) A SEPA Determination of Nonsignificance(DNS) was issued for this
proposed Planned Development and Preliminary Short Plat on August 6, 2021,
and became final without an appeal.
(3) The proposed modifications to development standards described in
Subsection X(18)of these recommendations and to be described in a Development
Agreement will allow for flexibility in the siting of new duplexes and commercial
uses in the future.
(4)The proposed Planned Development as conditioned below satisfies all of
the considerations and criteria for approval set forth in YMC§15.28.040(D).
(5) The proposed Class(2)duplex uses as conditioned below satisfy all of
the considerations and criteria for approval set forth in YMC §15.14.040(G) and
YMC§15.15.040(1).
(6) The proposed Preliminary Short Plat as conditioned below satisfies the
criteria for approval set forth in YMC §14.15.050, YMC §I4.15.060 and YMC
§14.15.020(13) because it is in compliance with the City's Comprehensive Plan,
Roberto Arteaga&Araceli Gonzales Tell° 41
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503.9509 and 9515 Tieton Drive
PDa001-21:011101e-2l:PSP*009-It:SP.PAN0a9-21
56
RECEIVED
SEP 2 8 2021
G1 Y OF YAKIMA
PLANNING DIV
zoning ordinance and subdivision ordinance; makes appropriate 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; will serve the public use and interest; and, according
to the weight of the evidence presented at the hearing, does not require that
specific provisions be made for the other requisite plat considerations such as
additional schools, additional schoolgrounds or additional planning features that
assure safe walking conditions for students who walk to and from school.
(7) This proposed Planned Development and Preliminary Short Plat for
seven Class(2)duplex uses and a lot for one or more future commercial uses are
in compliance with all of the consistency requirements of Subsection 16.06.020(B)
of the Yakima Municipal Code.
RECOMMENDATIONS
The Hearing Examiner recommends to the Yakima City Council that the
proposed Planned Development and the proposed 8-lot Preliminary Short Plat for
seven Class (2) duplexes with one lot for one or more future commercial uses at
9503,9509 and 9515 Tieton Drive as described in the project narrative;as shown
on the site plan dated April 21,2020,which was received by the Planning Division
on March 26,2021; as described in these recommendations; and as described by
related documents in the record of this matter which consists of the Planning
Division file numbers PD#001-21, CL2#016-21, PSP#009-2I and SEPA#009-21
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 also of YMC Title 12 except for modifications thereof
allowed for the Planned Development;
Roberto Arteaga&Araceli Gonzales Tello 42
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PUM0621:C12a0162I;PSPM009.21;SEPA61009-21
57
RECEIVED
E.Er
CITY OF YMun-
PI.ANNING DIY
(B) All lots shall be served with public water. No individual domestic or
irrigation wells shall be permitted for any of the lots. Prior to final plat approval,
written verification must be submitted to the Planning Division indicating that
each lot within the plat has been served with domestic water and 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;
(D)Public utility easements shall be established along the front of each lot
which arc a minimum of eight feet in width, or twice the buried depth of the
utility,whichever is greater,in accordance with YMC§I2.02.010 and§12.02.020;
(E) All public and private utilities shall be located underground, with the
exception of telephone boxes and such similar structures;
(F) All public and private utilities to be located within public road rights-
of-way must be constructed prior to the start of road construction;
(G) 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 fcc with no PCI discount;
(H) All frontage improvements shall be completed or bonded for prior to
short plat approval. Civil engineering plans for public improvements shall be
approved prior to bonding for public improvements;
(1) 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;
(I) This plat shall be subject to the following notes, which must be placed
on the face of the plat:
I. The addresses shown on this plat arc accurate as of the date of
recording, but may be subject to change. The City of Yakima
Roberto Aneaga&Araceli Gonzales Tello 43
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
rDa0013l:CL2901631;P5PM009-21;5EPA/409-21
58
RECEIVED
SEP 23 2021
CO OF YAKIMA
PUNNING DIV.
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;
3. The City of Yakima has no responsibility to build, improve,
maintain or otherwise service any private road for this plat/short plat
Any right-of-way dedicated to the public by this plat/short plat shall
not be opened as a City (or County) street until such time as it is
improved to city street standards and accepted as part of the City
transportation system;and
4. This subdivision is subject to the specific Master Planned Develop-
ment Overlay of PD#001-21, as approved by the Yakima City
Council on under Resolution No. , and recorded under
Auditor's File Number , which controls the development and
usage of the property within this recorded plat.
(K) Irrigation approval by the Yakima-Tieton Irrigation District is
required,and shall be shown on the face of the final plat;
(L)A current title report covering the subject property must accompany the
final short plat:
(M) The applicant and City of Yakima shall enter into a Development
Agreement specifying all development standards, modifications thereto and
conditions of approval prior to final plat approval which shall be finalized and
recorded in accordance with RCW 36.70B and all other laws applicable to
Development Agreements;
(N) Standard setbacks for the R-I zoning district shall apply except for any
setback modifications included in the Development Agreement;
(0)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;
Roberto Arteaga&Maceli Gonzales Tello 44
Planned Development,7 Class(2)Duplexes
8-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
PDa001-21;CI.20016-21;PSP0009.2I:SRPAN009.21
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RECEIVED
SEP 2 a 2021
CITY OF YAKIMA
PLANING DN.
(P)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;
(Q) Prior to the issuance of any permits, the applicant is encouraged to
conduct a professional archaeological survey of the project area,with copies of the
survey being provided to DAI IP and the Planning Division. If the applicant does
not wish to have a cultural resources survey conducted on the site, an Inadvertent
Discovery Plan (1DP)shall be prepared by the applicant, and a copy of the IDP
shall be submitted to the City;
(R) In accordance with YMC §I4.20.230, the City shall not issue any
building permits until a copy of the final recorded short plat is submitted;and
(S) All other requirements of the zoning and subdivision ordinance,
although not specifically set forth herein, shall be complied with in their entirely
except for the modifications to standards that arc specified in the Development
Agreement for the Planned Development.
DATED this 23ed day of September,2021.
11 ►n, CwA1__
Cary M.Cier,Hearing Examiner
Roberto Ancaga&Arnett Gonzales Tello 45
Planned Development,7 Class(2)Duplexes
S-Lot Short Plat in the R-I Zoning District
Located at 9503,9509 and 9515 Tieton Drive
P00001.31;CL20016-21;PS141004.31;SCPM00941