HomeMy WebLinkAboutR-2022-117 Closed record public hearing and Resolution to consider the Yakima Planning Commission's recommendation regarding the preliminary plat of "Apple Tree Phase 1 C" submitted by Kinloch Borton Enterprises located in the vicinity of Occidental Rd &A RESOLUTION
RESOLUTION NO. R-2022-117
approving the Preliminary Long Plat of Apple Tree Phase 1C, a
four -lot subdivision with one tract (a further subdivision of PSP#004-
21, which created nine lots), located in the vicinity of S. 96th Ave.
and Occidental Rd.
WHEREAS, on July 13, 2022, the City of Yakima Planning Commission ("Planning
Commission") held an open -record public hearing to consider the application for a
Preliminary Long Plat known as "Apple Tree Phase 1C," consisting of four single-family
lots and one tract, submitted by Kinloch Barton Enterprises, LLC (PLP#004-22,
SEPA#009-22); and
WHEREAS, on July 27, 2022, the Planning Division issued its 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 September 6, 2022, 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
and Conditions of Approval. The Planning Commission'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
Planning Commission as its own findings herein, and further finds that the requirements
of RCW § 58.17.110 have been met.
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Planning
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2" 0 Floor, Yakima, WA 98901
ask.planning@yakimawa.gov www.yakimawa.gov/services/planning
EXHIBIT A
NOTIFICATION OF THE YAKIMA PLANNING COMMISSION'S
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
DATE: July 29, 2022
TO: Applicant, Adjoining Property Owners & Parties of Record
SUBJECT: Notice of the Yakima Planning Commission's Recommendation
to
the Yakima City Council
FILE #(S): PLP#004-22, SEPA#009-22
APPLICANT: Kinloch Borton Enterprises, LLC
PROJECT Vicinity of Occidental Road & S. 96th Ave
LOCATION:
On July 27, 2022 the City of Yakima Planning Commission rendered their written recommendation on
PLP#004-22 and SEPA#009-22. A proposed preliminary long plat to subdivide approximately 32.93 acres
into 4 single-family lots and one tract in the R-1 zoning district.
A copy of the Planning Commission's Findings and Recommendation is enclosed.
The Planning Commission'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 information or assistance you may contact Senior Planner, Eric Crowell at (509) 576-6736 or
email to: eric.crowelI( i%vakunawa.gov.
Planning Technician
Date of Mailing: July 29, 2022
Enclosures: Planning Commission's Recommendation
Yakima
2015
1994
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Planning
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
PRELIMINARY LONG PLAT
PLP#004-22 & SEPA#009-22
July 27, 2022
WHEREAS, on April 18, 2022, applications for a Preliminary Long Plat were submitted by
Kinloch Borton Enterprises LLC, for the subdivision of one parcel totaling approximately 32.93
acres into four single-family residential lots and one tract (a further subdivision of PSP#004-21,
which created nine lots), in the Single -Family Residential (R-1) zoning district, parcel number
171336-44411; and
WHEREAS, the applications were considered complete for processing on May 18, 2022,
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on May 20,
2022; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on June 22, 2022, which was not appealed (City File SEPA#009-22);
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 July 13, 2022, the Yakima Planning Commission held an open record
public hearing, to consider the application for a four -lot single-family subdivision known as Apple
Tree Phase 1 C (PLP #004-22), to hear testimony from the public and provide a
recommendation to the Yakima City Council; and
WHEREAS, the staff report presented by Senior Planner Eric Crowell recommended
approval of the proposed four -lot preliminary plat, subject to conditions; and
WHEREAS, based on testimony received at the July 13, 2022 public hearing, the
Yakima Planning Commission has recommended approval of the plat, subject to conditions.
Yakima
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2015
1994
Now therefore, the Yakima Planning Commission presents the following findings of fact,
conclusions, and recommendation to the Yakima City Council:
APPLICATION #: PLP#004-22, SEPA#009-22
APPLICANT: Kinloch Borton Enterprises LLC
APPLICANT ADDRESS: 2550 Borton Rd., Yakima, WA 98903
PROJECT LOCATION: Vicinity of Occidental Rd. & S. 96th Ave.
PARCEL(S): 171336-44411
I. FINDINGS OF FACT:
A. The applicant requests to subdivide the subject parcel into four single-family lots and
one tract, a further subdivision of PSP#004-21, which created nine lots.
B. The subject parcel is approximately 32.93 acres in size and is surrounded by
agricultural and residential uses and zoning.
C. No testimony was received at the public hearing except for that of the applicant.
D. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during its July 13, 2022 public hearing, with the
recommendation of APPROVAL of the proposed subdivision.
E. Subsection 14.20.100 (A)(1)—Consistency with the provisions of the City's
Urban Area Zoning Ordinance: The proposed preliminary plat would be consistent
with the intent and character of the Single -Family Residential (R-1) zoning district set
forth in YMC § 15.03.020 (B). 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. Preserve existing residential neighborhoods for detached single-family dwellings
free from other uses to ensure the preservation of the existing residential
character, and serve the residents of this district; and
3. Locate moderate -density residential development, up to seven dwelling units per
net residential acre, in areas served by public water and sewer system.
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
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have all necessary performance or design standards assigned to them as necessary
to mitigate potential impacts to adjacent residences.
Duplex and multifamily development up to seven dwelling units per net residential
acre may be allowed in accordance with Table 4-1.
F. Subsection 14.20.100 (A)(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.
o Policy 2.3.1 (B). Standard single family. Continue to allow for detached
single family dwellings in residential districts.
o Policy 2.3.3 Create walkable residential neighborhoods with safe streets
and good connections to schools, parks, transit, and commercial services.
o Policy 2.3.3 (A). Construct sidewalks along all new residential streets.
o Policy 2.3.3 (C). 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 2.6. Community design. Promote compatible high quality development that
enhances the character and identity of Yakima.
o Policy 2.62 (A). Recognize that the character of public rights -of -way play
a role in determining community character. Wherever feasible, promote
complete streets and incorporate streetscape improvements, such as
way -finding signs, lighting, public art, enhanced landscaping and street
furniture, to enhance community character.
• Goal 5.2. Preserve and improve existing residential neighborhoods.
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o 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.
o Policy 5.4.3. Encourage development of well -designed new housing in
coordination with population growth employment growth, and
transportation goals.
o Policy 5.4.7. Promote complete streets and trails to interconnect Yakima's
neighborhoods and promote walkability.
G. Subsection 16.06.020 (B)—Consistency Analysis: 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
the 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: the lot size and contemplated density will 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: The additional
infrastructure that will be provided at the applicant's expense will 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:
Consideration of specific development standards relating to lot size, access,
potable water, sewage disposal and other features of the proposed preliminary
plat have been discussed in detail within the staff report. With the recommended
conditions, the proposed preliminary plat would be consistent with the
development standards of applicable City ordinances.
II. CONCLUSIONS
A. The Yakima Planning Commission 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,
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B. Notice of the public hearing sent on May 20, 2022, was given in accordance with
applicable requirements;
C. The SEPA Determination of Nonsignificance (DNS) for this proposed preliminary plat
was issued on June 22, 2022, and became final without any appeal;
D. The proposed preliminary plat was reviewed and approved for traffic concurrency
under the Transportation Capacity Management Ordinance on May 16, 2022;
E. The proposed preliminary plat 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, and Title 12
Development Standards, including Ch. 12.08 Transportation Capacity Management.
F. The proposed preliminary plat is in compliance with the consistency requirements of
Subsection 16.06.020 (B) of the Yakima Municipal Code.
G. With the recommended conditions, the proposed preliminary plat as described in the
application narrative and preliminary plat received April 18, 2022, 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.
III. RECOMMENDATION
Based on the testimony and evidence presented during the public hearing, it was moved
and seconded that the City of Yakima Planning Commission draft findings of fact and
forward a recommendation of approval to the Yakima City Council The motion carried
unanimously.
The Planning Commission of the City of Yakima, having received and considered all
evidence and testimony presented at the public hearing, and having received and
reviewed the record herein, hereby recommends that the City Council of the City of
Yakima APPROVE the proposed Preliminary Long Plat for PLP#004-22, and subject to
the following conditions:
A. Prior to approval of the final plat, all required improvements shall be constructed or
financially secured according to the standards and requirements of the City Engineer
and YMC Title 12;
B All lots shall be served with public water from the Nob Hill Water Association. No
individual domestic or irrigation wells shall be permitted for any of the lots Prior to
final plat approval, written verification from Nob Hill Water Association must be
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submitted to the Planning Division indicating that each lot with the plat has been
served with domestic and applicable fees 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 eight -foot -wide public utility easement shall be provided adjacent to all
public road rights -of -way;
E. Easements for new and/or future utilities shall be a minimum of 16 feet in width,
provided that the width of easements for buried utilities will be twice the depth of the
planned excavation;
F. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures;
G. All public and private utilities to be located within public road rights -of -way must be
constructed prior to the start of road construction;
H. All interior roads on the preliminary plat shall be constructed with curb, gutter,
sidewalks on both sides of the street, and street lighting in accordance with YMC Ch.
12.06, Standard Detail R5, and WSDOT Curb and Sidewalk Plans F-10.12-03;
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 fee with no PCI discount;
J. 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;
K. At the discretion of the City Engineer, the owner may bond for required frontage
improvements or enter into a deferral agreement for future participation in the cost of
any frontage and/or roadway improvement of Local Improvement District (LID) which
is constructed abutting the owner's property. The bond or deferral agreement shall
be executed and recorded prior to or as part of approval of the plat;
L. Fire hydrants shall be placed at the locations specified by the Building Codes,
Planning Division, and the Yakima Fire Department. All lots must be provided with
adequate fire flow;
M. All permits required by the Yakima Regional Clean Air Authority shall be obtained;
N. Soil sampling shall be conducted prior to development under the Model Toxics
Control Act in accordance with Department of Ecology standards;
O. Streetlights shall be installed per the direction of the Engineering Division;
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P. This plat shall be subject to the following notes, which must be placed on the face of
the plat:
1. The addresses shown on this plat are accurate as of the date of recording, but
may be subject to change. The City of Yakima Building Codes Division is
responsible for the confirmation or reassignment of addresses at the time of
building permit issuance.
2. The owners shown hereon, their grantees and assignees in interest hereby
covenant and agree to retain all surface water generated within the plat on -site;
Q. Irrigation approval is required, and shall be shown on the face of the final plat;
R. A current title report covering the subject property must accompany the final long
plat;
S. Upon preliminary plat approval, the applicant has five years to submit the final plat.
Thereafter, 30 days prior to the expiration of said approval the applicant must submit
to the City Council a written request asking to extend the approval period for a
maximum period of one year;
T. In accordance with YMC § 14.20.230, the City shall not issue any building permits
until a copy of the recorded long plat is submitted; and
U. All other requirements of the zoning and subdivision ordinance, although not
specifically set forth herein, shall be complied with in their entirety.
SIGNED this 27th day of July, 2022.
By:
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Jacob Liddicoat, Chair
Yakima Planning Commission
Section 4. Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this resolution is declared invalid or unconstitutional for any reason,
such decision shall not affect the validity of the remaining portions of this resolution.
ADOPTED BY THE CITY COUNCIL this 6th day of September, 2022.
,6 f C i
ATTEST: Janice D-eccio, Mayor
Sonya Claar Tee, City Clerk
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: September 6, 2022
Closed record public hearing and Resolution to consider the
Yakima Planning Commission's recommendation regarding the
preliminary plat of "Apple Tree Phase 1 C" submitted by Kinloch
Borton Enterprises located in the vicinity of Occidental Rd & S 96th
Ave
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager
Eric Crowell, Senior Planner (509) 576-6736
SUMMARY EXPLANATION:
HLA Engineering & Surveying, on behalf of Kinloch Borton Enterprises, submitted a preliminary
long plat application to subdivide approximately 33 acres into 4 single-family residential lots and 1
tract.
The Yakima Planning Commission held an open -record public hearing on July 13, 2022 and
submitted a recommendation of approval on July 27, 2022.
The complete hearing record was distributed to City Council in the agenda packet on August 16,
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
2
D Resolution Apple Tree Phase 1C 8/2/2022 Cotter Memo