HomeMy WebLinkAbout07/05/2022 09. Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the preliminary plat of Anderson Park Phase 4 submitted by Cottonwood Partners LLC located in the vicinity of Occidental Rd & S 58th Ave 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: July 5, 2022
ITEM TITLE: Closed record public hearing and Resolution to consider the
Hearing Examiner's recommendation regarding the preliminary plat
of Anderson Park Phase 4 submitted by Cottonwood Partners LLC
located in the vicinity of Occidental Rd & S 58th Avenue
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 preliminary long plat submitted by Cottonwood Partners LLC to subdivide approximately
7.88 acres into 30 single-family residential lots. This site is located in the Two-Family Residential
(R-2)zoning district. The Hearing Examiner held an open-record public hearing on May 12, 2022
and submitted a recommendation for approval on May 26, 2022.
The complete hearing record was distributed to City Council in the agenda packet on June 21 ,
2022 and can be found online at: https://www.yakimawa.gov/council/agendas-and-minutes/
To participate in this public hearing please refer to the Public Comment Guidelines
at:https://www.yakimawa.gov/council/public-comment/
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 AndersonParkPh4 6/23/2022 Resolution
2
RESOLUTION NO. R-2022-
A RESOLUTION approving the Preliminary Long Plat of Anderson Park Phase 4, a
30-lot subdivision, located in the vicinity of Occidental Rd. and S.
58th Ave.
WHEREAS, on May 12, 2022, the City of Yakima Urban Area Hearing Examiner
("Hearing Examiner") held an open-record public hearing to consider the application for a
Preliminary Long Plat known as "Anderson Park Phase 4," submitted by Cottonwood
Partners LLC (PLP#002-22, SEPA#003-22, CAO#001-22); and
WHEREAS, on May 26, 2022, the Hearing Examiner issued his Written
Recommendation for approval of the proposed plat, subject to conditions; and
WHEREAS, the proposed application conforms to the City of Yakima Zoning
Ordinance, Subdivision Ordinance, Development Standards Ordinance, Traffic
Concurrency Ordinance, and other applicable land use regulations; and
WHEREAS, at a Closed Record Public Hearing on July 5, 2022, after notice duly
given according to the requirements of the Yakima Municipal Code, the Yakima City
Council adopted the Hearing Examiner's Recommendation; and
WHEREAS, the City of Yakima has complied with the substantive, procedural,
and notice requirements associated with SEPA, the Growth Management Act, and the
Yakima Municipal Code for the purpose of reviewing the application; and
WHEREAS, the Yakima City Council finds that it is in the best interest of the City
of Yakima to pass the following; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Incorporation of Recitals. The above recitals are hereby incorporated
into this resolution.
Section 2. Incorporation of the Hearing Examiner's Recommendation and
Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted
and ratified by the Yakima City Council as its conditional decision and approval of the
Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and
fully incorporated herein by this reference.
Section 3. Findings. The Yakima City Council adopts the findings of the
Hearing Examiner as its own findings herein, and further finds that the requirements of
RCW§ 58.17.110 have been met.
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.
3
ADOPTED BY THE CITY COUNCIL this 5th day of July, 2022.
ATTEST: Janice Deccio, Mayor
Sonya Claar Tee, City Clerk
III „` DEPARTMENT OF COMMUNITY DEVELOPMENT 4
#ilh■ ■IMF Joan Davenport, AICP, Director
AIM "_ Planning Division EXHIBIT A
PCITY OF YAKIMA
a n n i n g Joseph Calhoun, Manager
129 North Second Street,2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.goviservicesiplanning
NOTIFICATION OF HEARING EXAMINER'S
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
DATE: May 31, 2022
TO: Applicant, Adjoining Property Owners and Parties of Record
SUBJECT: Notice of the Hearing Examiner's Recommendation
FILE #(S): PLP#002-22, CAO#001-22, SEPA4I003-22
APPLICANT: Cottonwood Partners, LLC/ Plat of Anderson Park Phase 4"
PROJECT LOCATION: Vicinity of Occidental Road and South 58th Avenue
On May 26, 2022, the City of Yakima Hearing Examiner rendered their recommendation on
PLP#002-22, CAO#001-22, SEPA#003-22, for a 30-lot single-family residential preliminary
long plat on 7.88 acres located in the vicinity of Occidental Road & South 58th Avenue to be
known as "Anderson Park Phase 4". The applications were reviewed at an open record public
hearing held on May 12, 2022.
Enclosed is a copy of the Hearing Examiner's Recommendation. The Hearing Examiner's
Recommendation will be considered by the Yakima City Council in a public hearing to be
scheduled. The City Clerk will notify you of the date,time and place of the public hearing.
For further inlbrmation or assistance, you may contact Senior Planner Eric Crowell at (509) 576-
6736 or email to: eric.crowell@yakimawa.gov
yakimawa.gov
Eric Crowell
Senior Planner
Date of Mailing: May 31, 2022
Enclosures: Hearing Examiner's Recommendation
Yakima
Y YIIYp,
2015
1994
5
Gary M. Cuillier
ATTORNEY AT LAW
314 N.SECOND STREET
YAKIMA,WASHINGTON 98901
(509)575-1800
FAX:(509)452-4601
May 26, 2022 RECEIVED
Rosalinda Ibarra MAY 2.6 2022
Yakima City Planning Division CO
YakimC/TYa
129 North 2nd Street ELopMENr
Yakima, WA 98901-2613
Re: Cottonwood Partners, I,I,C: PT,P#002-22, CAO#001-22, SEPA#003-
22 For a 30-Lot Single-Family Residential Preliminary Long Plat on
7.88 Acres Located in the Vicinity of Occidental Road and South 58th
Avenue to be Known as: "Anderson Park Phase 4"
Dear Rosalinda,
Enclosed is the Hearing Examiner's Recommendation relative to the above-
entitled matter and my statement for the time involved.
If you have any questions, please give me a.call. Thank you.
Yours very truly,
GARY M. CUILLIER
GIVIC: vs
Enclosure
Cc: Karri Espinoza
Pat Spurgin
6
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
May 26, 2022
RECEIVED
In the Matter of a Preliminary Long Plat ) MAY2 6 2022
Application Submitted by: ) •
CITY OF YAKIMA
) COMMUNITY DEVELOPMENT PLP#002-22
Cottonwood Partners, LLC ) CAO#001-22
} SEPA#003-22
For a 30-Lot Single-Family Residential )
Preliminary Long Plat on 7.88 Acres )
Located in the Vicinity of Occidental )
Road and South 58th Avenue to be )
Known as "Anderson Park Phase 4" )
A. Introduction. The preliminary findings relative to the hearing process for this
matter arc as follows:
(1) The Hearing Examiner conducted an open record public hearing for this
application on May 12, 2022.
(2) The Planning Division staff report which recommended approval of this
preliminary long plat subject to enumerated conditions was presented by Senior Planner
Eric Crowell. The applicant's representative for this application, Michael Heit, P.E., of
HLA Engineering and Land Surveying, Inc., presented testimony in favor of the proposed
preliminary plat.
(3) Yakima County Public Services Water Resources Manager Troy Havens, P.E.,
CFM, on behalf of the Yakima County Flood Control Zone District expressed
appreciation for the recommended plat notes and LOMR Operation and Maintenance
Plan requirements requested by his very detailed March 29, 2022, letter and again
expressed concern for three proposed lots fir building sites located south of the cross-
street named Cottonwood Place that would also serve as part of the floodway channel.
Cottonwood Partners,LLC 1
Occidental Rd. & S. 58°'Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
7
(4) Besides the written comment received from Mr. Havens and from City
commenters, comments were received from Transportation Archaeologist Sydney
Hanson of the Department of Archaeology & Historic Preservation; Stream Patrolman
George D. Marshall of the Ahtanum Irrigation District; and Yakama Nation Archaeolo-
gist Jessica Lally of the Yakarna Nation Cultural Resources Program.
(5) No other testimony or written comments were submitted at or before the open
record public hearing. This Recommendation has been submitted to the Planning
Division within 10 business days of the public hearing.
B. Summary of Recommendation. 'l'he Hearing Examiner recommends approval of
this proposed Preliminary Plat of "Anderson Park Phase 4" with the requested Critical
Area Standard Development Permit, subject to conditions.
C. Basis for Recommendation. Based on a view of the site with no one else present
on May 10. 2022; the stall report, exhibits, testimony and other evidence presented at the
open record public hearing conducted on May 12, 2022; and a consideration of the
applicable subdivision requirements, development standards, critical areas ordinance
provisions and consistency criteria; the I-fearing Examiner makes the following:
FINDINGS
I. Applicant, Property Owner and Representative. The applicant/property owner
is Cottonwood Partners, LLC, P.O. Box 8335, Yakima, WA 98908. The representative
of the applicant/property owner for this proposal is Michael Heit of HLA Engineering
and Land Surveying, Inc., 2803 River Road, Yakima, WA 98902. RECEIVED
MAY 2 6 2022
Cottonwood Partners, LLC 2 CITY OF YAKIMA
COMMUNITY DLVELOPMENT
Occidental Rd. & S. 58'1'Ave.
Plat of"Anderson Park Phase 4"
PI.P#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
8
IL Location. The location of the proposed preliminary plat is on Occidental Road east
of South 64th Avenue along new north/south streets south of Occidental Road that would
be named South 58th Avenue and South 57th Avenue and the east/west cross-street on the
south end between them named Cottonwood Place. The site was recently annexed into
the City on March 22, 2022. The west side of the parcel is adjacent to the existing
Anderson Park single-family residential development. The Yakima County Assessor's
Parcel Number of the site is 181204-22002.
III. Applications. Applications for a 7.88-acre 30-lot Preliminary Long Plat (PLP)
with Critical Areas Ordinance (CAO) Review, State Environmental Policy Act (SEPA)
Review and Transportation Concurrency Ordinance (TCO) Review were received on;
February 7, 2022 (Document Index C-1 and E-1 to E-4). On March 25, 2022, the
applications were deemed complete for processing by the Planning Division. These
applications are being processed under Chapters 14.20 for Subdivision, 15.27 for Critical
Areas and 6.88 for SEPA Review set forth in the Yakima Municipal Code(YMC).
IV. Jurisdiction. YMC §1.43.080 and §14.20.100 provide that the Hearing Examiner
shall hold a public hearing and submit a recommendation to the City Council regarding
preliminary long plats which shall include findings and conclusions based on the record
relative to the subdivision criteria listed in YMC §14.20.100(A) and in RCW Chapter
58.17. YMC §1.43.100, YMC 16.03.010(B-D) and YMC 15.04.020(E) provide that
applications such as for a Critical Area Standard Development Permit may be
consolidated with related applications to he considered under the highest level of review
RECEIVED
= MAY 21 2022
Cottonwood Partners,LLC 3 CITY OF YAKIP!!A
Occidental Rd.&S. 581 Ave. COMMUNITY DEVELOPME Ir
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
9
of the applications, which in this case is the type of review that requires a recommen-
dation to the Yakima City Council which makes the final decision.
V. Notices. A Notice of Application, Environmental Review and Public Hearing for a
Preliminary Long Plat (PLP#002-22), Critical Areas Ordinance Review (CAO#001-22)
and State Environmental Policy Act Review (SEPA#003-22) was provided by posting a
Land Use Action Sign on the property on March 10, 2022; by mailing said Notice to the
applicant, SEPA. agencies and adjoining property owners within 300 feet of the subject
parcel requesting comments on the proposed application on March 25, 2022; and by
publishing said Notice in the Yakima Herald-Republic also on March 25, 2022. No
comments from neighbors or other members of the general public were received during
the public comment period for this application.
VI. Comprehensive Plan. "I'he site of the proposed Preliminary Plat of"Anderson
Park Phase 4" is located within the Mixed Residential Comprehensive Plan designation
which provides for areas with a mixture of housing types and densities. The following
goals and policies apply to this proposal:
Goal 2.3: Preserve and enhance the quality, character, and function of Yakima's
residential neighborhoods.
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.
Policy 2.3.2: Preserve and enhance established residential neighborhoods.
Specifically: (A) Ensure that new development is compatible in scale, density, and
aesthetic quality to an established neighborhood. RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
Cottonwood Partners,LLC 4 COMMUNITY DEVELU?MENT
Occidental Rd. &S. 58th Ave.
Nat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
10
VII. Zoning and Land Use. The 7.88-acre parcel is located within the Two-Family
Residential (R-2) zoning district and it is currently vacant. The main purpose of the
Yakima Urban Area Zoning Ordinance (UAZO) in Title 15 of the Yakima Municipal
Code (YMC) is to implement the Yakima Urban Area Comprehensive Plan and promote
the general health, safety and welfare of the present and future inhabitants of the Yakima
Urban Area. YMC §15.03.020(C) states that the purpose and intent of the R-2 zoning
district is to:
(1) Establish and preserve residential neighborhoods for detached single-family
dwellings, duplexes and other uses compatible with the intent of this district; and
(2) Locate residential development with densities up to twelve dwelling units per
net residential acre in areas receiving a full range of public services including public
water and sewer service, and police and fire protection.
(3) The district is characterized by up to sixty percent lot coverage, access via
local access streets and collectors, one- and two-story buildings, some clustering of units,
and required front, rear and side yard setbacks. Typical uses in this district are single-
family dwellings and duplexes. The density in this district generally ranges from seven to
twelve dwelling units per net residential acre. However, development up to eighteen
dwelling units per net residential acre may be allowed in accordance with YMC Chapter
15.04, Table 4-1.
(4) The zoning and the land uses of the surrounding properties may be described
as follows:
Direction Zoning Land Use
North R-1 & SR(County) Residential
South R-2 Vacant
East R-1 (County) Agriculture
West R-3 Residential
VIII. Environmental Review. This application was required to undergo SEPA State
Environmental Policy Act review because it proposes to sN'X11dy a parcel of land into
Cottonwood Partners,LLC 5 7. MAY 2 6 2022
Occidental Rd.& S. 58th Ave. fi
Plat of"Anderson Park Phase 4" CITY OF YAKIMA
PLP#002-22 and C.AO#001-22 COMMUNITY DEVELUI',IVE"r
TCO#003-22 and SF,PA#003-22
11
more than 20 lots in the R-2 zoning district and because of the requirement that the
application undergo a Critical Areas Review. Notice was mailed on March 25, 2022, and
the public comment period ended on April 14, 2022. No comments from neighbors or
the general public were received. Due to extensive comments received from the Yakima
County Flood Control Zone District (FCZD), the SEPA Responsible Official issued a
Mitigated Determination of Nonsignificance (MDNS) addressing those comments on
April 22, 2022, by means of. recommended Mitigation Measures which was not appealed
by FCZD or any other party.
IX. Transportation Concurrency Ordinance. The applicant applied for Trans-
portation Concurrency (TCO##003-22) on February 7, 2022, which was approved on May
5, 2022. The proposal was approved for Concurrency because it will not exceed the PM
peak hour capacity of the City arterial system, and reserve capacity exists on all impacted
streets.
X. Development Services Team. The following comments were submitted by the
Development Services Team which met on February 22, 2022, and by public agencies:
(1) Code Administration: The City of Yakima Code Administration comments
were as follows:
(a) Pursuant to the Chapter 5 of the Washington State Fire Code (WSFC),
publicly available fire hydrants will be required along streets spaced at intervals
that will provide required fire flow coverage for proposed structures pursuant to
WSFC Appendix C.
(b) These findings are not intended to be an exhaustive review of this
proposal.
(c)Preliminary addressing for this proposal is as follows: RECEIVED
Cottonwood Partners, LLC 6 MAY 2 6 2022
Occidental Rd. & S. 581' Ave. CITY OF YAKIMA
Plat of"Anderson Park Phase 4" COMMUNITY DEVELOPMENT
PLP#002-22 and CAO#OO 1-22
TCO#003-22 and SEPA#003-22
COMMUN ITY E2
RECEIVED
MAY 2 6 2022
01 M
Lot 1 2300 S. 58th Ave. / Lot 16 2312 S. 57th Ave. / > E' ar
5800 Occidental Rd, 5701 Cottonwood Pl.
Lot 2 2302 S. 58th Ave. Lot 17 2310 S. 57th Ave.
Lot 3 2304 S. 58th Ave. Lot 18 2308 S. 57th Ave.
Lot 4 2306 S. 58th Ave. Lot 19 2306 S. 57th Ave.
Lot 5 2308 S. 58th Ave. Lot 20 2304 S. 57th Ave.
Lot 6 2310 S. 58th Ave. Lot 21 2302 S. 57th Ave.
Lot 7 2312 S. 58th Ave. Lot 22 2300 S. 57th Ave. I
5700 Occidental Rd.
Lot 8 2314 S. 58th Ave. Lot 23 2301 S. 57th Ave.
Lot 9 2301 S. 58th Ave. / Lot 24 2303 S. 57th Ave.
5702 Occidental Rd.
Lot 10 2303 S. 58th Ave. Lot 25 2305 S. 57th Ave.
Lot 11 2305 S. 58th Ave. Lot 26 2307 S. 57th Ave.
Lot 12 2307 S. 58th Ave. Lot 27 2309 S. 57th Ave.
Lot 13 2309 S. 58th Ave. Lot 28 2311 S. 57th Ave.
Lot 14 2311 S. 58th Ave. Lot 29 2313 S. 57th Ave.
Lot 15 2313 S. 58th Ave. / Lot 30 5700 Cottonwood Pl.
5703 Cottonwood Pl. /2314 S.59th Ave.
(2) Engineering: Engineering comments relative to this proposed preliminary
plat were to the effect that TMC Title 12 improvements and other improvements are
required including, but not limited to, the following:
(a) 8.67 and 12.05 — New curb, gutter and five-foot sidewalk is required
within new development. Street section shall conform to standard detail R3. New
sidewalks shall be constructed per standard detail R5. Seven-foot sidewalks are
required for Occidental Rd. (Minor Arterial).
(b) 8.64 — Driveways are to be constructed per this chapter and standard
detail R4.
(c) 8.72 — An excavation and street break permit shall be obtained for all
work within the public right of way. Refer to chapter 8 for requirements. Roads
less than five years old can be cut, but will cost one hundred fifty percent of
restoration fee with no PCI discount.
(d) 12.02 —Easements will need to be established per this chapter.
Cottonwood Partners,LLC 7
Occidental Rd.& S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
RECEIVED 13
MAY 2 6 2022
CITY OF Y.AKIMA
COMMUNITY DEVELOPMENT
(e) 12.06.050 — Phased developments or temporary dead-end streets shall
provide for adequate temporary turnarounds between project phases or future
street extension. The design shall provide for continuation of the full right-of-way
width to the property boundary.
(I) 12.06 — Street and right of way widths shall conform to this section
unless otherwise approved. Fifty feet of right-of-way is required for the residential
new streets. Occidental Rd. is classified as a Minor Arterial, requiring a total of 80
feet of right-of-way.
(g) 12.06.080 Street lighting—A street light shall be installed at each street
intersection and at mid-block if the block exceeds five hundred feet in length.
Street Iights 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.
(h) All frontage improvements shall be completed prior to Certificate of
Occupancy. Civil engineering plans for public improvements shall be approved
prior to issuance of building permits.
(3) Nob Hill Water Association: Developer will need to contact Nob Hill Water
for cost estimate for new project. Mainline extension, fire hydrants, and water services
will be required to be installed. Signed engineered plans will need to be submitted to start
cost estimate for project.
(4) Wastewater: Sewer is to be installed per City of Yakima Municipal Code and
Engineering Standards.
(5) Surface Water: For the long plat itself I have no comments. Just be aware that
during the development of this parcel a Large Project Stormwater Permit will be required.
(6) The Washington State Department of Ecology (DOE): DOE submitted the
following comments:
(a) If the project anticipates disturbing ground with the potential for
stormwater discharge off-site, an NPDES Construction Stormwater General
Permit is recommended. This permit requires that the SEPA checklist fully
disclose anticipated activities including building, road construction and utility
placements. Obtaining a permit may take 38-60 days.
(b) The permit requires that a Stormwater Pollution Prevention Plan
(Erosion Sediment Control Plan) shall be prepared and implemented for all
Cottonwood Partners,LLC 8
Occidental Rd.&S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SF.PA#003-22
RECEIVED 14
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
permitted construction sites. "These control measures must be able to prevent soil
from being carried into surface water and storm drains by stormwater runoff.
Permit coverage and erosion control measures must be in place prior to any
clearing, grading, or construction.
(c) In the event that an unpermitted Stornwater discharge does occur off-
site, it is a violation of Chapter 90.48 RCW, Water Pollution Control, and is
subject to enforcement action.
(d) More information on the stormwater program may be found on
Ecology's stormwater website: http://www.ecy.wa.gov/programs/wq/ stormwater/
construction/. Please submit an application or contact Lloyd Stevens, Jr. at the
Department of Ecology, (509) 571-3866, or email lloyd.stevensjr@ecy.wa.gov,
with questions about this permit.
(7) Ahtanum Irrigation District: Our Board must sign off on the plat for this
subdivision. The surveyor will need to provide us with the original Mylar, as well as one
copy [emphasis that of the agency], for District signature. As our Board meets once per
month, please telephone in advance for meeting dates to avoid delays.
(8) Yakima Air Terminal: If there will be cranes over 150 feet in height, the
airport shall be contacted so it can issue a NOTAM for the pilots.
(9) Department of Archaeology and Historic Preservation (DAHP): DAMP
submitted the thllowing comments:
(a) Our statewide predictive model indicates that. there is a high probability
of encountering cultural resources within the proposed project area. This is due, in
part, to the proximity of the proposed project area to Bachelor Creek, a resource
that may have been important to Native Americans and/or settlers in the past.
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 and a report
be produced prior to ground disturbing activities. This report should meet DAHP's
Standards for Cultural Resource Reporting.
(b) We also recommend that any historic buildings or structures (45 years
in age or older) located within the project area are evaluated for eligibility for
Cottonwood Partners,LLC 9
Occidental Rd.& S. 58' Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#F003-22
RECEIVED 15
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
listing in the National Register of Historic Places on Historic Property Inventory
(HPI) forms. We highly encourage the SEPA lead agency to ensure that these
evaluations are written by a cultural resource professional meeting the SOI
Professional Qualification Standards in Architectural History.
(c) Please note that the recommendations provided in this letter reflect only
the opinions of DAHP. Any interested Tribes may have different recommen-
dations. We appreciate receiving any correspondence or comments from Tribes or
other parties concerning cultural resource issues that you receive.
(d) Thank you for the opportunity to comment on this project. Please ensure
that the DAHP Project Tracking Number is shared with any hired cultural resource
consultants and is attached to any communications or submitted reports. Please
also ensure that any reports, site forms, and/or historic property inventory (HPI)
forms are uploaded to WISAARD by the consultant(s).
(10) Yakama Nation Cultural Resources Program: We concur with DAHP's
recommendations that this is high risk and an archaeological survey should be completed.
(11) Yakima County Flood Control Zone District (FCZD): The extensive
FCZD comments were addressed in detail in the SEPA Mitigated Determination of
Nonsignificance (MDNS). The MDNS provides that when the City finalizes the LOMR
Operation and Maintenance Plan, it will be provided to the applicant and made available
for future developers so that in response to FCZD comments it can be provided to future
residents to make them aware of the requirement of maintaining flood carrying capacity
in the floodway channel which includes periodic inspection, maintenance and reporting
responsibilities. The MDNS also requires that the applicant comply with all applicable
requirements for development in the floodway/floodplain prior to Final Plat Approval, in
accordance with YMC Chapter 15.27, Part Four—Flood Hazard Areas; and that the final
plat shall include the following plat notes:
(a) Portions of the Plat of Anderson Park shown hereon may fall within the
1% annual chance (100-year) floodplain and floodway limits shown on current
Flood Insurance Rate Maps. Floodplain and floodway information is subject to
change as a result of future FEMA Map revisions and/or amendments.
(b) No structure, fences, walls, or other obstructions that impede drainage
shall be placed within the limits of the (100-year) floodplain or floodway
established by the Federal Emergency Management Agency (FEMA) without the
approval of the City of Yakima Community Development Director and in
Cottonwood Partners,LLC 10
Occidental Rd.&S. 58" Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
RECEIVED 16
MAY 2 6 2022
CITY OF YAKIMA
COMMUNI I Y DEVELOPMENT
accordance with the City of Yakima Municipal code critical areas ordinance. The
property owner shall keep the 100-year floodplain and floodway traversing his/her
property free of debris which would impede the function of the floodplain or
floodway.
XL Applicable Subdivision Ordinance and Statutory Provisions. Applicable
subdivision regulatory provisions are as follows:
(1) YMC §15.03.020(C): R-2.Zoning District Defined: The purposes of the R-2
zoning district arc first to establish and preserve residential neighborhoods for detached
single-family dwellings, duplexes and other uses compatible with the intent of this
district and also to locate residential development with densities up to twelve dwelling
units per net residential acre in areas receiving a full range of public services including
public water and sewer service, and police and fire protection. The district is character-
ized by up to sixty percent lot coverage, access via local access streets and collectors,
one- and two-story buildings, some clustering of units, and required front, rear and side
yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The
density in this district generally ranges from seven to twelve dwelling units per net
residential acre. However, development up to eighteen dwelling units per net residential
acre may be allowed in accordance with YMC Chapter 15.04, Table 4-1.
(2) YMC §15.05.030(A): Creation of new lots — Subdivision requirements: Table
of Subdivision Requirements: The YMC §15.05.030(A) Table establishes basic develop-
ment criteria for lot size and width that must be met when reviewing an application for a
new subdivision. For detached single-family dwelling construction in the R-2 zoning
district, the required minimum lot size is 6,000 square feet.
(3) YMC §15.30.040: Airport Safety Overlay Zones: The subject property is
located in Zone 6 of the Airport Safety Overlay, and per YMC §15.30.060, detached
single-family dwellings arc Class (1)uses.
(4) YMC §15.30.050: Height Limitation: Height Limitation 2 (AOD Zone 6): No
building within this zone shall exceed thirty-five feet above the ground. Any building
proposed to exceed this height must undergo further review by the airport manager and
the FAA. The administrative official may require lights or markers as a warning to
aircraft on any buildings, structures, communication towers, uses, or trees, or the topping
Cottonwood Partners, LLC 11
Occidental Rd. & S. 58`1'Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
RECEIVED 17
MAY 2.6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
of any trees to reduce their height, when recommended by the FAA, WSDOT Aviation
Division or the airport manager. Lights and markers shall meet FAA specifications.
Whenever the height limitations of this section differ from those of any other section of
this chapter, or that adopted by another local ordinance or regulation, the more restrictive
limitation shall apply.
(5) YMC §15.05.055(1): New development improvement standards:Fire apparatus
access roads for one-, two- or multi-family residential developments shall be subject to
the provisions of Sections D106 and D107, respectively, of Appendix D of the applicable
International Fire Code. Additionally, such residential developments shall be subject to
the requirements of Section D105 of Appendix D of the applicable International Fire
Code pertaining to aerial fire apparatus roads, as applicable. All other applicable
provisions of the International Fire Code, as now existing or as hereafter amended and
adopted by the City, are required. Minimum requirements for the primary and secondary
access will be at least twenty feet wide, unobstructed, paved lanes.
(6) YMC §12.02.010: Establishment of easements: Public utility easements shall
be established for the location of new and proposed public utility lines serving new land
divisions and land development. Public utility casements 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.
(7) YMC 4 12.02.020: Easement location and width: Eight-foot-wide utility ease-
ments 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.
(8) YMC §12.03.010: Sewer service required: Pursuant to YMC §12.03.010, all
new lots and development shall be served by a sanitary sewer line located adjacent to the
lot or development site.
(9) YMC §12.03.040: Minimum sewer size: The minimum size for public sewer
lines is eight inches in diameter.
(10) YMC §12.03.070: Side sewer service: Each building containing sanitary
facilities shall be served by a separate private side sewer line from a public main.
Branched side sewers serving multiple buildings and properties shall not be permitted.
Single side sewers serving multi-unit buildings are permitted.
Cottonwood Partners, LLC 12
Occidental Rd. & S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
18
RECEIVED
•
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(11) YMC §12.03.090: 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 arc the preferable short-term solution to service the development site and
other properties in the vicinity.
(12) YMC §12.04.010: Water service required: All new lots and development
shall be served by a public water supply line maintained by the City of Yakima, Nob I lilt
Water Company [Association], or other water purveyor, and located adjacent to the lot or
development site. The water line shall be capable of providing sufficient flow and
pressure to satisfy the fire flow and domestic service requirements of the proposed lots
and development as approved by the City Engineer in cooperation with the Code
Administration Manager and Water Irrigation Division Manager.
(13) YMC §12.04.020: Water line extension required: Water lines shall be
extended to the point where the adjoining property owner's responsibility for further
extension begins. This typically requires extension across the street or easement frontage
of the developing property. In some cases it will require dedication of an easement and a
line extension across the property or extension along two or more sides of the developing
property. Extensions will be consistent with and implement the City's adopted water
comprehensive plan.
(14) YMC 4 12.04.040: Minimum size and material standards: New water lines in
the City of Yakima water system shall be constructed of Class 52 ductile iron and shall be
a minimum of eight inches in diameter. Improvements and additions to the Nob Hill
Water Company [Association] system shall conform to the requirements of Nob Hill
Water Company [Association].
(15) YMC §12.05.010: 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.
(16) YMC §12.06.010: Street types, functional classification: The 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
Cottonwood Partners,LLC 13
Occidental Rd.& S. 58"'Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
RECEIVED 19
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
establishes their functional classification. All other streets arc classified as local
residential access.
(17) YMC 4 12.06.030: Design standards, adjustment of standards: Final design of
street improvements is subject to approval by the City Engineer. The City Engineer, at
his discretion, is authorized to adjust these standards as necessary to facilitate the
construction of new streets and improvement of existing streets. Projects which repair
small portions of or maintain existing streets shall not be considered "improvements" for
the purposes of this section.
(18) YMC $12.06.070: Provision of street curbing: Barrier curbs shall be installed
along all public streets. Rolled mountable curbs may he permitted along residential
access streets. Curb design shall be consistent with the standards of the City Engineer.
(19) YMC §12.06.080: Street lighting: A street light shall be installed at each
street intersection and at midblock if the block exceeds five hundred feet in length. Street
lights shall meet the design and placement standards of the City Engineer. Lighting
improvements shall become the property of the City of Yakima upon installation and will
thereafter be maintained by the City.
(20) YMC §14.05.200(A-B): Allowance of bond in lieu of actual construction of
improvements prior to approval of short plat or final plat: The subdivision or short
subdivision applicant may, as an alternative to actual construction of any required
improvements, provide a surety bond or other secure method providing for and securing
to the City the actual construction of required improvements within a specified period of
time and expressed in a bond or other appropriate instrument establishing such security.
Any bond or other method of securing actual construction of required improvements shall
specify the improvements covered and the schedule for completion. In cases of sub-
division, the bond or other method of securing actual construction of required improve-
ments shall be subject to approval by the City Engineer and City Attorney prior to
approval of the final plat by the City Council. In cases of short subdivisions, the bond or
other method of securing actual construction of required improvements shall be subject to
approval by the City Engineer and City Attorney prior to approval of the final short plat
by the Administrator. In no case shall the amount of the bond or other method of securing
actual construction of required improvements be less than one hundred ten percent of the
estimated actual cost of the improvements based upon the approved civil engineering
design of the required improvements.
Cottonwood Partners, LLC 14
Occidental Rd.&S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#OO1-22
TCO#003-22 and SEPA4003-22
20
ItiECFIVLD
MAY 2 6 202Z
CI1 Y OF YAKIMA
COMMUNITY DEVELOPMENT
(21) RCW 58.17.110(1), YMC 414.20.100(A) and YMC §14.20.120(A): The city,
town, or county legislative body shall inquire into the public use and interest proposed to
be served by the establishment of the subdivision and dedication. It shall determine (a) if
appropriate provisions arc made for, but not limited to, the public health, safety and
general welfare and for open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play-
grounds, schools and schoolgrounds, sidewalks, and other planning features that assure
safe walking conditions for students who walk to and from school; and (b) whether the
public interest will be served by the subdivision and dedication.
XII. Applicable Critical Areas Ordinance Provisions. Applicable Critical Areas
Ordinance regulatory provisions are as follows:
(1) Critical Area Development Authorization Required: Pursuant to YMC
§15.27.300(A), no new development, construction or use shall occur within a designated
critical area without obtaining a development authorization in accordance with the
provisions of this chapter, except for those provided for in YMC §15.27.303.
(2) General Critical Areas Protective Measures—Subdivision Standards: Pursuant
to YMC §15.27.321(B)(2)(a-d), critical areas shall be actively protected through the
following:
(a) Roads and utilities for the subdivision shall avoid critical areas and their
butters, as much as possible.
(b) When geologically hazardous areas (excluding erosion, oversteepened
slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA
floodways, channel migration zones (CMZs), streams, wetlands and/or vegetative
buffers fall within the boundary of a subdivision:
(i) Said critical areas shall be protected by placing them entirely
within a separate critical area tract or by including them entirely within one
of the developable parcels. Other options, such as conservation easements
and building envelopes, may be deemed appropriate by the administrative
official as meeting this provision when special circumstances obstruct the
viability of this provision;
Cottonwood Partners,LLC 15
Occidental Rd. & S. 581h Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TC0#003-22 and SEPA#003-22
21
RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(ii) For those new lots that do contain said critical areas, usable
building envelopes (five thousand square feet or more for residential uses)
shall be provided on the plat that lies outside said critical areas.
(c) New lots partially within the floodplain shall provide a usable building
envelope (five thousand square feet or more for residential uses) outside the
floodplain.
(d) F'loodplains and critical areas shall be depicted on preliminary
subdivision plats and relevant information about them disclosed on the final plat.
(3) Permitted Uses — Floodway Fringe: Pursuant to YMC §15.27.409(A),
Detached Single-Family Dwellings is a permitted use within the floodway fringe
(floodplain) as long as the proposal complies with the flood hazard protection standards
of YMC §15.27.407 and YMC §15.27.408.
(4) Permitted Uses — Floodway: Pursuant to YMC §15.27.411(A), Detached
Single-Family Dwellings is a permitted use within the floodway as long as the proposal
complies with the flood hazard protection standards of YMC §15.27.407 and YMC
§15.27.408. Pursuant to YMC §15.27.41 I(H), roads and bridges are permitted uses
within the floodway as long as they comply with the regulations of YMC §15.27.411(D).
(5) Subdivision Proposals: YMC §15.27.407(F) requires that all subdivision
proposals shall:
(a) Be consistent with the need to minimize flood damage;
(b) Have roadways, public utilities, and other facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage;
(c) Have adequate drainage provided to reduce exposure to flood damage;
(d) Include base flood elevation data; and
(c) In the cases where base flood elevation is not available and the
subdivision is greater than five acres or fifty lots, a step-back water analysis shall
be required to generate the base flood elevation data.
XIII. Preliminary Plat Findings. YMC §14.20.100(A) provides that the Hearing
Examiner shall consider a proposed preliminary plat during an open record public hearing
Cottonwood Partners, LLC 16
Occidental Rd. & S. 58tk Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
22
RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
to inquire into and determine whether the following standards and criteria are satisfied:
(1) Subsection 14.20.100(A)(l) — Consistency with the City's Urban Area
Zoning Ordinance Intent, Design, Improvement and Development Provisions
Applicable to the R-2 Zoning District. A determination of consistency with the City's
Urban Area Zoning Ordinance intent, design, improvement and development provisions
applicable to the R-2 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 Two-Family Residential (R-2) Zoning
District: YMC §15.03.020(C) indicates that the intent of the R-2 zoning district is
in part to establish and preserve residential neighborhoods for detached single-
family dwellings, duplexes and other uses that are compatible with the intent of
the district.
(b) Consistency with Design, Improvement and Development Provisions
Applicable to the Two-Family Residential (R-2) Zoning District: YMC Chapter
15.05 establishes certain basic development requirements. These arc the minimum
criteria that must be met to assure land use compatibility and promote the public
health, safety and welfare. The proposed development meets the requirements
applicable in the R-2 zoning district as follows:
(i) Minimum Lot Size: The lots ranging in size from 6,841square feet
to 13,342 square feet will meet the minimum 6,000-square-foot lot size
requirement for single-family residences in the R-2 zoning district.
(ii) Building Envelopes: The preliminary plat indicates that building
pads, envelopes or footprints on lots within the floodplain will range from
5,026.31 to 10,021.77 square feet in size, which is consistent with YMC
Table 5-1 of YMC Chapter 15.05 for single-family construction.
(iii) Minimum Lot Width: The lots will all meet or exceed the mini-
mum lot width of 50 feet prescribed for the R-2 zoning district by Table 5-2
of YMC Chapter 15.05.
(iv) 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-2 zoning district, the maximum lot
coverage is 60%. All lots within the proposed preliminary plat have suffi-
cient lot area to comply with this development standard.
Cottonwood Partners,LLC 17
Occidental Rd. & S. 50 Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
23
RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(v) Structure Setbacks: In the residential zoning districts, structure
setbacks are intended to provide light, air and emergency access. All lots in
the proposed preliminary plat have sufficient area to meet the setback
requirements specified by YMC Table 5-1 in YMC Chapter 15.05 which
are as follows:
Location From Centerline From Property Line
Of Right-of-Way
Front 45 feet 20 feet
Rear N/A 15 feet
Side (internal) N/A 5 feet
Side(street) 40 feet 10 feet
(vi) Maximum Building Height: The maximum building height in
the R-2 zoning district is 35 feet (YMC Chapter 15.05, Table 5-1). The
property is entirely within Zonc 6 of the Airport Safety Overlay (ASO)
which also limits the building height to 35 feet. The applicant's State
Environmental Policy Act Checklist states that the tallest structure will be
less than 35 feet in height so as to comply with both standards.
(vii) Residential Accessory Structures: Residential accessory struc-
tures are allowed upon all lots of record provided they meet the provisions
of YMC §15.05.020(E).
(viii) Fencing: Fencing upon and behind property lines is allowed in
accordance with YMC §15.05.020(G).
(ix)Access: All lots will have 20 feet of frontage upon a public street
or be accessed by a 20-foot-wide access easement in accordance with YMC
§15.05.020(H).
(x) Sidewalk: The proposed preliminary plat shows that curb, gutter
and sidewalk will be constructed along all street frontages in accordance
with YMC §15.05.020(J).
(xi) Density: The proposed preliminary plat which divides 5.45 net
residential acres not including streets into 30 lots will have a density of 5.5
dwelling units per net residential acre with streets excluded (237,340 square
feet ± 43,560 square feet = 5.45 acres; 30 dwelling units - 5.45 acres = 5.5
Cottonwood Partners,LLC 18
Occidental Rd.& S. 58'11 Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
24
RECEIVED
MAY 2.6 2022
CITY OF YAKJMA
COMMUNITY DEVELOPMENT,.dwelling units per net residential acre). This density complies with
§15.05.030(B) and YMC Table 4-1 of YMC Chapter 15.04 which allow up
to 7 dwelling units per net residential acre in the R-2 zoning district.
(xii) Street Right-of-Way/Dedication of Right-afWay: The internal
local access streets connecting to Occidental Road require the dedication of
50-foot-wide rights-of-way for the streets within the subdivision.
(xiii) Frontage Improvements: Curb, gutter and a five-foot-wide
sidewalk shall be installed along the lot frontages of internal streets and
seven-foot-wide sidewalk shall be installed along Occidental Road in
accordance with YMC 12.05.010. The street section shall conform to
standard detail R3 and the new sidewalks shall be constructed per standard
detail R5, in accordance with YMC Chapters 8.67 and 12.05. At a
minimum, one street light shall be installed midblock on the westernmost
section of the loop since the street exceeds 500 feet in total length. Street
lighting shall meet the design and placement standards of the City
Engineer. Lighting improvements shall become the property of the City of
Yakima upon installation and will thereafter be maintained by the City.
Pursuant to YCC 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 will cost 150 percent of the restoration fcc
with no PCI discount.
(xiv) Wastewater:Sewer and a lift station have been extended across
Occidental Road to the subject parcel. A minimum sixteen foot easement
shall be maintained over all public utility lines in accordance with YMC
§12.02.010 and YMC §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.
(xv) Water: The applicant shall extend potable water to the lots of
the plat in accordance with YMC §12.04.010. Water is provided by the Nob
Hill Water Association, and the preliminary plat displays water service
across all street frontages to serve all lots.
(xvi) Irrigation: The subject parcel is located within the Ahtanum
Irrigation District and therefore irrigation district approval is required upon
the final plat.
Cottonwood Partners, LLC 19
Occidental Rd. & S. 58'1'Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
25
RECEIVED
MAY 2.6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(xvii) Easements: Easements are to be established in accordance
with YMC §12.02.010 and YCC §12.02.020.
(2) Subsection 14.20.100(A)(2) — Consistency with the provisions of the
Comprehensive Plan. The Future Land Use Map I11-3 of the 2040 Yakima Urban Area
Comprehensive Plan designates the property within the proposed preliminary plat as
suitable for Mixed Residential development which provides for a mixture of housing
types and densities. As noted above, the proposed preliminary plat is consistent with the
following Goal and Policies of the City's Comprehensive Plan:
(a) Goal 2.3 which is to preserve and enhance the quality, character and
function of Yakima's residential neighborhoods.
(b) Policy 2.3.1 which is to provide for a wide variety of housing types
within the City to meet the full range of housing needs for Yakima's evolving
population.
(c) Policy 2.3.2 which is to preserve and enhance established residential
neighborhoods. Specifically: (A) Ensure that new development is compatible in
scale, density and aesthetic quality to an established neighborhood.
(3) Subsection 14.20.100(A)(3) — Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended
conditions, this preliminary plat will meet all the design requirements in YMC Chapter
14.20 of the City's subdivision ordinance and in the City's Title 12 development
standards. This review and the recommended conditions are intended to ensure
consistency with the provisions of the City's subdivision ordinance as well as other
applicable City ordinances.
(4) Subsection 14.20.100(A)(4) — Appropriate provisions for enumerated
features. As proposed and with the recommended conditions, this 30-lot preliminary plat
of"Anderson Park Phase 4" will make appropriate provisions for the following features
required by YMC 14.20.100(A)(4) and RCW 58.17.110(1):
(a) Public health, safety, welfare: The construction of new single-family
dwellings and/or two-family dwellings will complement the existing adjacent
single-family development to the west. It will promote the public health, safety
and general welfare insofar as there is a need in this community for additional
housing and insofar as this proposed preliminary plat would be required to comply
Cottonwood Partners,LLC 20
Occidental Rd.& S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
RECEIVED 26
MAY 2 6 2022
CITY OF YAKIM;A
COMMUNITY DEVELOPMENT
with all applicable City development standards, and all conditions of approval
specified by the City Council.
(h) Open spaces: The proposed lots are larger than the minimum lot size
required in the R-2 zoning district for single-family dwellings. The lot coverage
limitation of not more than 60% in the R-2 zoning district will provide adequate
light and air for future residents in accordance with the standards in the zoning
ordinance without additional open spaces.
(c) Drainage systems: Drainage system facilities must be provided in
accordance with state and local regulations including the City of Yakima
Municipal Code and the Eastern Washington Storm Water Manual.
(d) Streets, alleys, and other public ways:The subject property has frontage
upon the extension of Occidental Road from South 64th Avenue to the east and
includes new public streets (South 58`1' Avenue, South 571 Avenue and
Cottonwood Place) to provide adequate access to all internal lots.
(e) Water supplies:Public water is required to be used for domestic and fire
flow purposes. Nob Hill Water Association water is available to the site from
Occidental Road.
(f) Sanitary waste disposal: Public sewer is required to service all lots
within the subject development. A City of Yakima sewer main capable of serving
the development has been extended east to the site along Occidental Road.
(g) Parks and playgrounds: Open space, parks, recreation and playgrounds
are located at the West Valley Middle Level Campus about 1.9 miles away, Wide
Hollow Elementary School about 2.4 miles away and West Valley High School
about 2.9 miles away from the subdivision.
(h) Sites for schools: As indicated, West Valley Middle Level Campus is
located about 1.9 miles from this proposed subdivision, while Wide Hollow
Elementary School is located about 2.4 miles from this proposed subdivision and
West Valley I-Iigh School is located approximately 2.9 miles from this proposed
subdivision. No comments were submitted by the West Valley School District.
(i) Sidewalks: Sidewalks are required and shall be provided along this
development's internal streets (South 58th Avenue, South 571 Avenue and
Cottonwood Place) and along the Occidental Road frontage. Sidewalks have
Cottonwood Partners,LLC 21
Occidental Rd. & S. 58`'`Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
27
RECEIVED
fi4AY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
already been installed from South 64`h Avenue to the site due to the existing
residential development to the west and north of this site.
(j) Public Transit: Yakima Transit Routes 2 and 5 pass the intersection of
South 64th Avenue and West Washington Avenue approximately 0.9 of a mile
north of the subdivision.
(k) Serves the public use and interest: This proposed 30-lot residential
subdivision is consistent with neighboring residential land uses, better serves the
needs of the City than the present undeveloped status of the property and helps
satisfy the need for additional housing within the City.
(1) Time Limitation: Upon preliminary plat approval, the applicant has five
years from the date of preliminary plat approval to submit the final plat.
Thereafter, at least 30 days prior to the expiration of preliminary approval, the
applicant must submit to the City Council a written request to extend the approval
period for a maximum period of one additional year (YMC §14.20.160). Before
the final plat can be recorded, all required infrastructure must either be engineered,
completed and inspected or be engineered and financially secured, and approval of
the final plat must be obtained from the City of Yakima Community Development
Department.
XIV. Critical Areas Ordinance Findings. Critical Areas Ordinance Findings are as
follows:
(1) This application was subject to Environmental Review which resulted in the
issuance of a Mitigated Determination of Nonsignificance on April 22, 2022, which was
not appealed and therefore became final as to the Mitigation Measures needed to reduce
all likely significant adverse environmental impacts noted in the Yakima County Flood
Control Zone written comments and testimony to an acceptable level.
(2) Consistent with YMC §15.27.031(C)(2), the Administrative Official reviewed
the available information pertaining to the proposal and made a determination that
Critical Areas were present, but there is no impact.
(3) Per YMC §15.27.309, it has been determined that a Standard Development
Permit is required.
Cottonwood Partners,LLC 22
Occidental Rd.& S. 58'1'Ave.
Plat of"Anderson Park Phase 4"
Pt P#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
RECEIVED 28
MAY 2 6 2022
CITY OF YAKIMA
COMMUNI I Y DEVELOPMENT
(4) Consistent with YMC §15.27.311 relative to Authorization Decisions — Basis
for Action, the applicant meets the following criteria:
(a) Impact of the project to critical area features on the property and
abutting property: The impact to critical area features will be minimal as long as
the subdivision provides adequate building pads, envelopes or footprints elevated
above the floodplain/floodway that crosses proposed Lots 8, 27 and 28 and crosses
Cottonwood Place between Lots 15, 16 and 30. Mr. Havens testified on behalf of
the Yakima County Flood Control Zone District (FCZD) to the effect that the
MDNS Mitigation Measures which were imposed as a result of his comments still
left him concerned about the safety of the residents of the three lots south of
Cottonwood Place which serves as the floodway channel for floodwaters in a 100-
year or greater flood. However, the MDNS was not appealed to give the Hearing
Examiner jurisdiction to revise the SEPA Responsible Official's Mitigation
Measures imposed to mitigate those FCZD concerns to an acceptable level.
Despite that, Mr. Heft indicated that his recollection is that the level of the water
flowing in the fairly flat street named Cottonwood Place in a 100-year flood would
only be about 10 inches deep and in a 200-year flood would be about 18 inches
deep. He added that all five of the lots adjacent to the floodway will have a
required building pad, envelope or footprint located above the flood elevation
outside the floodway and floodplain that will be shown on the plat. He also
indicated that the owners of the adjacent property to the south are interested in
developing that property, in which case South 58th Avenue and South 57th Avenue
would be extended so as to give alternate access to Ahtanum Road from the lots
that would be south of the floodway channel in the event of a flood. Mr. Heit did,
however, express concern about the DAHP recommendation that a professional
archeological survey be conducted and a report be prepared. His concern is that
there would be no benefit from conducting such a survey due to the past
agricultural uses of the land and its current disturbed condition, especially since no
cultural resources were discovered during the development of the adjacent 94-lot
Anderson Park single-family residential subdivision to the west. Instead of making
that DAHP recommendation a requirement, the requirement will be that the
applicant obtain the Planning Division's approval of an Inadvertent Discovery
Plan to address the possibility of discovering cultural resources in the course of
grading or developing the site.
Cottonwood Partners,LLC: 23
Occidental Rd.&S. 58"'Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
RECEIVED29
MAY 2 6 2022
CITY OF YAKIMA
CQMIAINI I Y DEVELOPMENT
(b) Danger to life or property that would likely occur as a result of the
project: The floodplain of Spring Creek— Tributary 1 is located on the parcel, and
the proposed grading plan will channelize the floodwater flowing into the
development to prevent flooding on specific parcels.
(c) Compatibility of the project to critical area features: In addition to the
floodplain being realigned to generally follow the direction of Cottonwood Loop
from the west, each lot encumbered by the floodplain will have a building pad,
envelope or footprint located outside of the floodplain. Lots 8, 27 and 28 arc far
larger than the average lot in the subdivision which will allow floodwaters to flow
across them to and from the paved street named Cottonwood Place which will
largely confine floodwaters between Lots 15, 16 and 30 so as to avoid reaching the
building pads, envelopes or footprints where the homes will be located.
(d) Conformance with applicable development standards: All applicable
standards of YMC Chapter 15.27 will be met.
(e) Compliance with the flood hazard mitigation requirements of YMC
15.27.400 through Ss15.27.436: The existing FEMA FIRM Panels 53077C1029F
and 53077C1037E were revised in 2020 (Case No. 20-10-0066R) which on the
site channelized the floodplain through Cottonwood Place which resulted in
building pads, envelopes or footprints for the affected lots in the subdivision being
located outside of the floodplain.
(f) Adequacy of the information provided by the applicant or available to
the division: The application that was submitted is adequate for review.
(g) Alternative Courses of Action: Based upon the project evaluation, the
decision maker shall take one of the following actions.
(i) Grant the development authorization;
(ii) Grant the development authorization with conditions as allowed
by YMC §15.27.312 in order to mitigate impacts to the critical area
feature(s); or
(iii) Deny the development authorization.
(5) Since the consideration of the Critical Area Standard Development Permit has
been consolidated for review with the Preliminary Long Plat application, the Hearing
Examiner recommends that the City Council grant the Critical Area Standard
Cottonwood Partners,LLC 24
Occidental Rd.& S. 586 Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
30
RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
'COMMUNITY DEVELOPMENT
Development Permit development authorization in conjunction with approval of the
Preliminary Long Plat of"Anderson Park Phase 4."
XV. Consistency Analysis Conducted Pursuant to Subsection 16.06.020(B) of
the Yakima Municipal Code. The consistency analysis for this proposed Preliminary
Long Plat of"Anderson Park Phase 4" is as follows:
(1) The type of land use contemplated by the proposal (a single-family
residential development) 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. The
proposed single-family dwellings arc Class (1)permitted uses in the R-2 zoning district.
(2) The level of development with the maximum lot coverage density of 60%
and with lots that are larger than the minimum lot size requirements will not exceed the
allowable level of development in the Two-Family Residential (R-2) zoning district.
(3) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that will be provided at the applicant's
expense would insure that adequate infrastructure and public facilities arc available for
the proposed preliminary long 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 Long Plat of"Anderson Park Phase 4" with the requisite Standard
Critical Area Standard Development Permit will be consistent with the development
standards of applicable City ordinances.
CONCLUSIONS
Based on the foregoing Findings, the Hearing Examiner concludes as follows:
Cottonwood Partners, LLC 25
Occidental Rd.& S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
31
RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of the proposed Preliminary Long Plat of"Anderson Park Phase 4"
with a Critical Area Standard Development Permit pursuant to YMC §1.43.080, YMC
§14.20.100 and YMC Chapter 15.27.
(2) A SEPA Mitigated Determination of Nonsignificanee (MDNS) was issued for
this proposed preliminary plat on April 22, 2022, that became final without any appeal.
(3) Notices for the public hearing were given in accordance with applicable
ordinance requirements.
(4) The proposed Preliminary Long Plat of "Anderson Park Phase 4," with the
requested Critical Area Standard Development Permit and subject to all of the conditions
detailed below, is in compliance with the applicable provisions of the City's 2040
Comprehensive Plan, 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; 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; and said plat will serve the public use and interest.
(5) This proposed Preliminary Long Plat of "Anderson Park Phase 4" with the
requested Critical Area Standard Development Permit is in compliance with all of the
consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima. City Council that the proposed
30-lot preliminary plat of "Anderson Park Phase 4" with the requested Critical Area
Standard Development Permit to be developed for single-family residences as described
in the project narrative and site plan submitted to the Planning Division on February 7,
2022, and described in related documents which arc assigned file numbers PLP#002-22,
Cottonwood Partners,LLC 26
Occidental Rd.& S. 5811'Ave.
Plat of"Anderson Park Phase 4"
Pi.P#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22
32
RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
CAO#001-22 and SEPA#003-22 he APPROVED, subject to compliance with the
following conditions:
(A) Prior to approval of the final plat, all required improvements shall be
constructed or financially secured according to the standards and requirements of the City
Engineer and YMC Title 12;
(B) All lots shall be served with public water from the Nob hill Water Associ-
ation. No individual domestic or irrigation wells shall be pennitted for any of the lots.
Prior to final plat approval, written verification from the Nob Hill Water Association
must be submitted to the Planning Division indicating that each lot within the plat has
been served with domestic water and 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) A minimum 8-foot-wide public utility easement shall be provided adjacent to
all public road rights-of-way;
(E) Easements for new and/or future utilities shall be a minimum of 16 feet in
width, provided that the width of easements for buried utilities will be twice the depth of
the planned excavation;
(F) All public and private utilities shall be located underground, with the excep-
tion of telephone boxes and such similar structures;
(G) All public and private utilities to be located within public road rights-of-way
must be constructed prior to the start of road construction;
(H) All interior roads shown on the preliminary plat shall be constructed with
curb, gutter and five-foot-wide sidewalks on both sides of the street, and street lighting in
accordance with YMC Chapter 12.06, Standard Detail R5, and WSDOT Curb and
Sidewalk Plans F-10.12-03;
(I) The subdivision's Occidental Road frontage shall be constructed with curb,
gutter and seven-foot-wide sidewalk on both sides of the street;
Cottonwood Partners, LLC 27
Occidental Rd. & S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TC0#003-22 and SEPA#003-22
33
RECEIVED
MAY 2 6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(J) An excavation and street break permit shall be obtained for all workwithin the
public right-of-way. Roads less than five years old can be cut, but will cost 150 percent of
the restoration fee with no PCI discount;
(K) All frontage improvements shall be completed or bonded for prior to long plat
approval. Civil engineering plans for public improvements shall be approved prior to
bonding for public improvements;
(L) 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 by means 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;
(M) Roadway sections within the floodplain/floodway shall be constructed in
accordance with applicable regulations of YMC Chapter 15.27, Part Four;
(N) Fire hydrants shall be placed at the locations specified by the Building Codes,
Planning Division and the Yakima Fire Department. All lots must be provided with
adequate lire flow;
(0) All permits required by the Yakima Regional Clean Air Agency shall be
obtained;
(P) An NPDES Construction Stormwater General Permit is required if there is a
potential for stormwater discharge from the construction site. The permit requires that a
Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and
implemented for all permitted construction. The applicant shall contact the Department of
Ecology to determine if these permits are required;
(Q) Streetlights shall be installed per the direction of the Engineering Division,
and lighting guidelines set forth by the FAA shall be followed;
(R) This plat shall be subject to the following notes, which must be placed on the
face of the plat:
(1) The addresses shown on this plat are accurate as of the date of record-
ing, 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.
Cottonwood Partners, LLC 28
Occidental Rd. & S. 58"'Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO IXI1-22
TCO#003-22 and SEPA#003-22
RECEIVED 34
MAY 2,6 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(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) Portions of the Plat of Anderson Park shown hereon may fall within the
1% annual chance (100-year) floodplain and floodway limits shown on current
Flood Insurance Rate Maps. Floodplain and floodway information is subject to
change as a result of future FEMA Map revisions and/or amendments.
(4) No structure, fences, walls, or other obstructions that impede drainage
shall be placed within the limits of the (100-year) floodplain or floodway
established by the Federal Emergency Management Agency (FEMA) without the
approval of the City of Yakima Community Development Director and in
accordance with the City of Yakima Municipal code critical areas ordinance. The
property owner shall keep the 100-year floodplain and floodway traversing his/her
property free of debris which would impede the function of the floodplain or
. floodway.
(S) Irrigation approval is required, and shall be shown on the face of the final plat;
(T) A current title report covering the subject property must accompany the final
long plat;
(U) 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;
(V) All other requirements of the zoning and subdivision ordinance, although not
specifically set forth herein, shall he complied with in their entirety;
(W) This subdivision shall comply with the conditions of the SEPA Mitigated
Determination of Nonsignificance (SEPA#003-22); and
(X) The applicant shall prepare and obtain the Planning Division's approval of a
Cultural Resources Inadvertent Discovery Plan and comply with the Plan if cultural
resources are discovered on the site.
DATED this 26th day of May, 2022. /L.—% tot 1
Gary M. Cuillier, Hearing Examiner
Cottonwood Partners,LLC 29
Occidental Rd.&S. 58th Ave.
Plat of"Anderson Park Phase 4"
PLP#002-22 and CAO#001-22
TCO#003-22 and SEPA#003-22