HomeMy WebLinkAbout12/14/2021 08. Closed record public hearing and Resolution to consider the Yakima Planning Commission's recommendation regarding the preliminary plat of Aspen Estates Phase 2 submitted by Aspen Tree LLC located in the vicinity of W Washington Ave & S 64t •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: December 14, 2021
ITEM TITLE: Closed record public hearing and Resolution to consider the
Yakima Planning Commission's recommendation regarding the
preliminary plat of Aspen Estates Phase 2 submitted by Aspen
Tree LLC located in the vicinity of W Washington Ave & S 64th Ave
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin,Al CP, Senior Planner(509)575-6162
SUMMARY EXPLANATION:
This is a preliminary long plat submitted by Aspen Tree LLC consisting of 22 single-family lots.
This site is located in the Single-Family Residential (R-1)zoning district.
The Yakima Planning Commission held an open-record public hearing on September 8, 2021
and submitted a recommendation for approval on September 27, 2021.
Please refer to the complete hearing record which was distributed to City Council in the agenda
packet on December 7, 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
Resolution PLP-003-21 12/6/2021 Corer Memo
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RESOLUTION NO. R-2021-
A RESOLUTION approving the Preliminary Long Plat of Aspen Estates — Phase 2, a
22-lot subdivision located in the vicinity of S. 64'h Ave. and W.
Washington Ave.
WHEREAS, on August 19, 2021, the City of Yakima Planning Commission held
an open-record public hearing to consider the application for a Preliminary Long Plat
known as "Aspen Estates— Phase 2,"consisting of 22 single-family lots, submitted by HLA
Engineering, on behalf of Aspen Tree LLC (PLP#003-21 & SEPA#023-21); and
WHEREAS, on September 8, 2021, the Planning Commission issued a Written
Recommendation for Approval of the proposed plat, subject to conditions; and
WHEREAS, the proposed application conforms to the City of Yakima Zoning
Ordinance, Subdivision Ordinance, Development Standards Ordinance, Traffic
Concurrency Ordinance, and other applicable land use regulations; and
WHEREAS, at a Closed Record Public Hearing on December 14, 2021, after
notice duly given according to the requirements of the Yakima Municipal Code, the
Yakima City Council adopted the Planning Commission's Recommendation; and
WHEREAS, the City of Yakima has complied with the substantive, procedural,
and notice requirements associated with SEPA, the Growth Management Act, and the
Yakima Municipal Code for the purpose of reviewing the application; and
WHEREAS, the Yakima City Council finds that it is in the best interest of the City
of Yakima to pass the following; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Incorporation of Recitals. The above recitals are hereby incorporated
into this resolution.
Section 2. Incorporation of the Planning Commission's Recommendation.
The Planning Commission's Recommendation is hereby adopted and ratified by the
Yakima City Council as its decision and approval of the Application herein. A copy of the
Recommendation is attached hereto as Exhibit "A" and fully incorporated herein by this
reference.
Section 3. Findings. The Yakima City Council adopts the findings of the
Planning Commission as its own findings herein, and further finds that the requirements
of RCW§ 58.17.110 have been met.
Section 4. Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this resolution is declared invalid or unconstitutional for any reason,
such decision shall not affect the validity of the remaining portions of this resolution.
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ADOPTED BY THE CITY COUNCIL this 14th day of December, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
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Exhibit"A"
Planning Commission's Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
�•■■.�� Joan Davenport.AICP,Director
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"_ P1nn 'ne Dici:ion
Joseph Calhoun,Manager
P aYnOAng
129 North Second Street.251 Floor.Yakima.WA 98901
ask-planningiiya1iaarra.gov•www.yalimawa.gov/senices/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
PRELIMINARY LONG PLAT
PLP#003-21 &SEPA#023-21
September 8,2021
WHEREAS, on September 8, 2021,an application for a Preliminary Long Plat was
submitted by Aspen Tree LLC.for the subdivision of one parcel,totaling approximately 4.82
acres into 22 single-family residential lots,in the Single-Family(R-1)zoning district, parcel
number 181333-32406;and
WHEREAS,the application was considered complete for processing on July 23,2021,
and public notice was provided in accordance with the provisions of YMC Ch. 16.10 on July 30,
2021;and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on August 19,2321,which was not appealed(City File SEPA#023-21);
and
WHEREAS,the proposed Application conforms with the City of Yakima Zoning
Ordinance, Subdivision Ordinance,and other applicable land use regulations; and
WHEREAS, under the provisions of YMC Ch. 14.20 the Yakima Planning Commission
(YPC)is responsible for the review of a preliminary long plat application and for recommending
the approval, modification or denial of each request;and
WHEREAS, on September 8, 2021, the Yakima Planning Commission held an open
record public hearing, to consider the aaplication for a 22 lot single-family subdivision known as
Aspen Estates—Phase 2,submitted by HLA Engineering and Surveying.(PLP#003-21),to hear
testimony from the public and provide a recommendation to the Yakima City Council;and
WHEREAS,the staff report presented by Senior Planner,Trevor Martin, recommended
approval of the proposed 22-lot preliminary plat, subject to conditions; and
WHEREAS, based on testimony received at the September 8,2021 public hearing,the
Yakima Planning Commission has recommended approval of the plat,subject to conditions.
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Now therefore,the Yakima City Planning Commission presents the following findings of
fact,conclusions,and recommendation to the Yakima City Council:
APPLICATION# PLP#003-21, SEPA#023-21
APPLICANT: Aspen Tree LLC.
APPLICANT ADDRESS: 2550 Borton Rd.,Yakima,WA 98903
PROJECT LOCATION: Vicinity of W.Washington Ave.and S. 640 Ave.
PARC E L(S): 181333-32406
I. FINDINGS OF FACT
1. Subsection 14.20.100(1) —Consistency with the provisions of the City's Urban
Area Zoning Ordinance:
The proposed preliminary plat is consistent with the intent and character of the
Single Family Residential(R-1)zoning district set forth in Subsection 15.03.020(BC).
The single family residential district is intended to:
1) Establish new residential neighborhoods for detached single-family
dwellings free from other uses except those which are compatible with,
and serve the residents of,this district,which may include duplexes and
zero lot lines if established during the subdivision process;
2) reserve 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.
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.
This zone is intended to afford single-family neighborhoods the highest level of
protection from encroachment by potentially incompatible nonresidential land
uses or impacts. Nonresidential uses within these zones are not allowed;except
for public or quasi-public uses,which will be required to undergo extensive public
review and will have all necessary performance or design standards assigned to
them as necessary to mitigate potential impacts to adjacent residences.
2. Subsection 14.20.100(2) —Consistency with the provisions of the Comprehensive
Plan:
The Goals and Policies that apply to this designation and proposed land use are as
follows:
Goal 2.3. Residential uses. Preserve and enhance the quality, character and function
of Yakima's residential neighborhoods.
Policy 2.3.1.B. Standard single family.Continue to allow for detached single
family dwellings in residential districts.
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Policy 2.3.3 Create walkable residential neighborhoods with safe streets and good
connections to schools, parks,transit,and commercial services.
Policy 2.3.3.A Construct sidewalks along all new residential streets.
Policy 2.3.3.0 Promote small block sizes to ensure good connectivity and reduced
walking distances between residences and schools, parks,and services. Specifically:
• Low density residential: Blocks between 400-800 feet long are appropriate.
• Mixed residential: Blocks between 300-660 feet long are appropriate.
• Provide for through public through block connections for large residential blocks.
• Commercial and mixed-use designations:Configure development to provide
pedestrian connections at 300 to 660 feet intervals. Configure development to
provide vehicular connections at 600 to 1,320 feet intervals.Allow flexibility for
private internal streets to meet connectivity objectives.
Goal 5.2. Preserve and improve existing residential neighborhoods.
Policy 5.2.1. Invest in and improve quality of life in existing neighborhoods.
Goal 5.4. Encourage design, construction,and maintenance of high quality housing.
Policy 5.4.3. Encourage development of well-designed new housing in coordination
with population growth employment growth,and transportation goals.
3. Subsection 14.20.100(3) —Consistency with the provisions of this title,Title 14
entitled "Subdivision Ordinance":
All lots in this preliminary plat will have access upon a public street;will be provided
with all necessary public utilities;will exceed the minimum lot size for the R-1 zoning
district of 6,000 square feet for single-family residences,and will meet or exceed the
minimum lot width of 50 feet as measured at the rear of the required front-yard
setback.
4. Subsection 14.20.100(4)(a) —Appropriate provisions for public health, safety and
general welfare:
The construction of new single-family dwellings will complement adjacent uses and
will promote the public health, safety and general welfare as there is a need in the
community for additional housing and the proposed preliminary plat would be
required to comply with all applicable City development standards, and all conditions
of approval specified by the City of Yakima Planning Commission.
5. Subsection 14.20.100(4)(b) —Appropriate provisions for open spaces:
The proposed lots are larger than the minimum lot size required in the R-1 zoning
district. Lot coverage of 60%or less in the R-1 zoning district will provide adequate
light and air for future residents in accordance with the standards in the zoning
ordinance without additional open spaces.
6. Subsection 14.20.100(4)(c) —Appropriate provisions for drainage ways:
Drainage system facilities will be provided in accordance with state and local
regulations including the City of Yakima Municipal Code and the Eastern Washington
Storm Water Manual.
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7. Subsection 14.20.100(4)(d) —Appropriate provisions for streets or roads,alleys
and other public ways:
The subject property has frontage upon W.Washington Ave. and S.60°'Ave, and
proposes new public streets to provide adequate access to all internal lots.
8. Subsection 14.20.100(4)(e) —Appropriate provisions for transit stops:
Yakima Transit Routes 2&5 pass within 1/10 of a mile of the site.
9. Subsection 14.20.100(4)(f) --Appropriate provisions for potable water supplies,
irrigation and other water suppliers:
Public water is required to be used for domestic and fire flow purposes. An adequate
water supply for this development is available from Nob Hill Water Company.
10. Subsection 14.20.100(4)(g) —Appropriate provisions for sanitary waste disposal:
Public sewer is required to service all lots. City of Yakima sewer lines are within W
Washington Ave and S.6001 Ave,and are capable of being extended to handle the
demands of this development.
11. Subsection 14.20.100(4)(h)(i)--Appropriate provisions for parks and recreation
and playgrounds:
Open space, parks, recreation, and playgrounds are located approximately within 1.8
miles of this subdivision due to the proximity of West Valley Park.The proposed
preliminary plat is not located in a planned parks and recreation area. Provisions for
parks and recreation areas are not necessary within the proposed preliminary plat
due to the size, number and location of the proposed lots and provisions for
playgrounds exist at the schools which children within the proposed preliminary plat
would be attending, and could also be individually provided on the lots themselves
which are of a size which would allow for playground areas as needed or desired.
12. Subsection 14.20.100(4)(j) --Appropriate provisions for schools and school
grounds:
West Valley Middle and West Valley Jr High Schools are located approximately
within 1.4 miles, and West Valley high School is located approximately within 1.8
miles of this subdivision.
13. Subsection 14.20.100(4)(k) —Appropriate provisions for sidewalks:
Sidewalks are required and will be provided on the new interior streets and along this
developments frontage.
14. Subsection 14.20.100(4)(1) --Appropriate provisions for other planning features
that assure safe walking conditions for students who walk to and from school:
There are no plan requirements that are different than the conditions within the
decision.
15. Subsection 14.20.100(5) —Public use and interest:
The evidence indicated that this proposed preliminary plat,as conditioned,would be
consistent with neighboring land uses and would help serve the residential needs of
this area. With the recommended conditions, it will comply with the City's zoning
ordinance,subdivision ordinance and comprehensive plan. It will also make
appropriate and adequate provisions for the public health,safety and general
welfare,open spaces,drainage ways, streets,transit stops, potable water,sanitary
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waste disposal,parks and recreation.playgrounds and sidewalks.and is in a location
where additional provisions for schools or for additional planning features for
students who walk to and from school have not been recommended or deemed
necessary.
II. Consistency Analysis YMC§16.06.020(B).
The following analysis involves the consistency of the preliminary plat with applicable
development regulations,or in the absence of applicable regulations,the adopted
Comprehensive Plan as mandated by the State Growth Management Act and the Yakima
Municipal Code. During project review, neither the City nor any subsequent reviewing body
may re-examine alternatives to,or hear appeals on,the following items identified in these
conclusions except for issues of code interpretation:
(1)The type of land use contemplated by the proposal (a residential development in an
R-1 zoning district)is permitted on this site so long as it complies with the conditions
imposed by the Yakima City Council,as well as the regulations of the zoning ordinance,
subdivision ordinance, building codes and other applicable regulations.
(2) The level of development(lot size,contemplated density)would not exceed the
allowable level of development in the Single Family Residential(R-1)zoning district since
the proposed lot sizes satisfy the zoning ordinance requirements.
(3) The availability and adequacy of infrastructure and public facilities is not an issue
because the additional infrastructure that would be provided at the applicant's expense
would ensure that adequate infrastructure and public facilities are available for the proposed
preliminary plat.
(4)The character of the proposal,such as the proposal's consistency with applicable
development standards of the City's Urban Area Zoning Ordinance,primarily involves
consideration of specific development standards relating to lot size,access, potable water,
sewage disposal and other features of the proposed preliminary plat which have been
discussed in detail above.With the recommended conditions,the proposed preliminary plat
would be consistent with the development standards of applicable City ordinances.
Ill. CONCLUSIONS
Based on the foregoing Findings,the YPC reaches the following Conclusions:
1. The YPC has jurisdiction to recommend to the Yakima City Council the approval of a
proposed preliminary plat pursuant to Section 14.20.100 of the subdivision ordinance.
2. Notice of the public hearing sent on July 30, 2021,was given in accordance with
applicable requirements.
3. The SEPA Determination of Nonsignificance(DNS)for this proposed preliminary plat
was issued on August 19,2021,and became final without any appeal.
4. The proposed preliminary plat was reviewed and approved for traffic concurrency under
the Transportation Capacity Management Ordinance on July 27,2021.
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5. This preliminary subdivision complies with the goals and objectives of the 2040
Comprehensive Plan,the intent and purpose of the R-1 zoning district,the provisions of
the Urban Area Zoning Ordinance, Subdivision Ordinance,Title 12's Development
Standards and Chapter 12.08 Traffic Concurrency Ordinance.
6. This preliminary plat is in compliance with the consistency requirements of Subsection
16.06.020(B)of the Yakima Municipal Code.
7. With the recommended conditions found in the staff report,which are found to be
appropriate,the proposed preliminary plat as described in the application narrative and
preliminary plat received June 25,2021,is in compliance with the City's Urban Area
Comprehensive Plan,subdivision ordinance and zoning ordinance;makes appropriate
and adequate provisions for the public health,safety and general welfare and for open
spaces,drainage ways,streets,transit stops,potable water supplies,sanitary wastes,
parks and recreation,playgrounds and sidewalks;and,according to the weight of the
evidence presented at the hearing,does not require that specific provisions be made for
the other requisite plat considerations such as additional schools,additional school
grounds or additional planning features that assure safe walking conditions for students
who walk to and from school;and serves the public use and interest.
IV. PUBLIC HEARING TESTIMONY
The applicant's representative testified in favor of the proposal.There were no other
comments from the public during the hearing.
V. PLANNING COMMISSION ACTION
Commissioner Rose moved,Commissioner Place seconded to direct staff to draft findings of
fact and forward a recommendation of approval to the Yakima City Council.The motion
carried 6-0.
VI.RECOMMENDATION TO CITY COUNCIL
Based upon the findings outlined above,the City of Yakima Planning Commission
recommends APPROVAL of the proposed 22-lot preliminary plat of Aspen Estates Phase 2
in accordance with the application and related documents submitted for file numbers
PLP#003-21 and SEPA#023-21,and subject to the following conditions:
1. The applicant shall submit and gain approval of civil engineered plans which provide for
design of all Title 12 development standards,including but not limited to curb,gutter,
sidewalk,street lighting,stormwater,and street design.
2. Prior to approval of the final plat,all approved improvements shall be constructed or
financially secured according to the standards and requirements of the City Engineer
and YMC Title 12.
3. All lots shall be served with public water from the Nob Hill Water Company. No individual
domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat
approval,written verification from Nob Hill Water must be submitted to the Planning
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Division indicating that all construction required to provide each lot with domestic water
has been completed and the fees paid.
4. 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.
5. A minimum 8-foot wide public utility easement must be provided adjacent to all public
road rights-of-way.
6. Easements for new and/or future utilities shall be a minimum of 16-feet in width,
provided that the width of easements for buried utilities will be twice the depth of the
planned excavation.
7. All public and private utilities shall be located underground,with the exception of
telephone boxes and such similar structures.
8. All public and private utilities to be located within public road rights-of-way must be
constructed prior to the start of road construction.
9. Fire hydrants shall be placed at the locations specified by the Building Codes and
Planning Division and the Yakima Fire Department.All lots must be provided with
adequate fire flow.
10.All permits required by the Yakima Regional Clean Air Authority shall be obtained and a
copy provided to the City of Yakima Code Administration prior to commencement of site
preparation. The developer shall designate during working hours a responsible party to
serve as contact for suspected air quality violations.
11.NPDES Permit and a Stormwater Pollution Prevention Plan shall be prepared and
submitted to the City.
12.All addresses shall be as specified in Exhibit"A" of the staff report.All addresses must
be clearly shown on the face of the final plat as required by RCW 58.17.280.
13.This plat shall be subject to the following notes,which must be placed on the face of the
plat:
a. The addresses shown on this plat are accurate as of the date of recording,but
may be subject to change. The City of Yakima Building Codes Division is
responsible for the confirmation or reassignment of addresses at the time of building
permit issuance.
b. 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.
14.Irrigation approval,for the Ahtanum Irrigation District,shall be shown on the face of the
final plat.
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15.A cultural Resources Survey shall be conducted on the subject site, if the applicant does
not wish to have a cultural resources survey conducted on the site,an Inadvertent
Discovery Plan(IDP)shall be prepared by the applicant,and a copy of the IDP shall be
submitted to the City.
16.All other requirements of the zoning and subdivision ordinance,although not specifically
set forth herein,shall be complied with in their entirety.
17.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 appraval period for a maximum
period of one year.
SIGNED this 22nd day of September. 2021.
By:
`-Jacob Liddicoat,Chair
Yakima Planning Commission