HomeMy WebLinkAboutR-2022-148 Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the preliminaryRESOLUTION NO. R-2022-148
A RESOLUTION approving the Preliminary Long Plat of Canterfield Estates, a 11-lot
subdivision, located at 4802 Spring Creek Rd.
WHEREAS, on August 25, 2022, the City of Yakima Hearing Examiner held an
open -record public hearing to consider the application for a Preliminary Long Plat known
as "Plat of Canterfield Estates Phase 1 & 2," submitted by PLSA Engineering on behalf of
Mayling Chin (PLP#005-22, SEPA#013-22, TCO#007-22, CAO#004-22); and
WHEREAS, on September 13, 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 November 1, 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.
Exhibit "A"
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
September 8, 2022
In the Matter of an Application for a
Preliminary Long Plat with a Critical
Area Standard Development Permit
Submitted by:
Mayling Chin, property owner )
)
)
For an 11-Lot Single -Family Residential
Preliminary Long Plat on 8.5 Acres
Located in the Vicinity of 4802 Spring
Creek Road to be known as the Plat
Of "Canterfield Estates Phase 1 & 2"
RECEIVED
SEP 0 8 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
PLP#005-22
CAO#004-22
SEPA#013-22
TCO#007-22
A. Introduction. The preliminary findings relative to the hearing process for this
mattcr are as follows:
(1) The Hearing Examiner conducted an open record public hearing for this
application on August 25, 2022.
(2) The Planning Division staff report which recommended approval of this
preliminary long plat with a critical area substantial development authorization subject to
enumerated conditions was presented by Assistant Planner Albert Miller. The applicant's
representative for this application, Thomas Durant of P1.SA Engineering & Surveying,
presented testimony in favor of the proposed preliminary plat and requested several
clarifications or revisions of six of the recommended conditions.
(3) Two written comments from neighbors were received prior to the hearing
which are in the record.
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
1
(4) No other testimony or written comments were submitted at or before the open
record public hearing. The record was left open for receipt of an email from Mr. Miller as
to the nature of the floodplain and whether there is a floodway on the property. That
information was received by email of August 26, 2022, which shall be included as an
additional exhibit in this matter. This Recommendation has been submitted to the
Planning Division within 10 business days of the public hearing.
B. Summary of Recommendation. The Hearing Examiner recommends approval of
this proposed Preliminary Plat of "Canterfield Estates Phase 1 and 2" 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 August 24, 2022; the staff report, exhibits, testimony and other evidence presented at
the open record public hearing conducted August 25, 2022; and a consideration of the
applicable subdivision requirements, development standards, critical areas ordinance
provisions and consistency criteria; the Hearing Examiner makes the following:
FINDINGS
I. Applicant, Property Owner and Representative. The applicant and property
owner is Mayling Chin, 4802 Spring Creek Road, Yakima, WA 98903. The
representative of the applicant and property owner for this proposal is Thomas Durant,
Planning Manager of PLSA Engineering and Surveying, 521 North 20't' Avenue #3,
Yakima, WA 98902.
RECEIVED
SEP 0 8 2022
CITY OF VAKIMA
Mayling Chin, property owner 2 COMMUNITY DEVELOPMEfdT
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
II. Location. The location of the proposed preliminary plat is at 4802 Spring Creek
Road south of 4800 West Washington Avenue. The Yakima County Assessor's Parcel
Number of the 8.5-acre site is 181333-41012.
III. Application. This is an application for an 8.5-acre 11-lot Preliminary Long Plat
(PLP) with related applications for Critical Areas Ordinance (CAO) Review, State
Environmental Policy Act (SEPA) Review and Transportation Concurrency Ordinance
(TCO) Review. The preliminary plat would be completed in two phases. The lots in
Phase 1 would consist of Lots 1 through 4 and Lots 10 and 11 mostly in the 7,740 to
9,851 square -foot range. Lot 1 contains an existing residence with accessory buildings
and is proposed to be larger than one acre. Ten new middle -income residences would be
constructed on the other lots. Phase 2 would consist of the Lots 5 through 9 within a 100-
year floodplain with all lots larger than one acre with more than 5,000 square feet of
buildable area as required by City Code. Small portions of Lots 1 through 4 are also
within the floodplain and also have more than 5,000 square feet of buildable area. Lots 2
through 11 will have access from a new cul-de-sac street named Canterfield Drive to
Spring Creek Road and then to Washington Avenue. Lot 1 directly accesses Spring
Creek Road (Document Index D-2). These applications were received on May 26, 2022,
and deemed complete for processing on June 21, 2022 (Document Index C-1 and E-/ to
E-4). These applications are being processed under Chapters 14.20 for Subdivision, 15.27
for Critical Areas, 6.88 for SEPA Review and 12.08 for Transportation Concurrency
Ordinance Review set forth in the Yakima Municipal Code (YMC).
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLPg005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
3
RECEIVED
SEP 0 2022
CITY Or YAKMA
COMMUNITY DEVELOPMENT
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 fmdings and conclusions based on the record
relative to thc 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 considered
under the highest level of review for all of the consolidated applications. In this case the
highest level of review is for the Preliminary long Plat. That level of review requires the
Hearing Examiner to make a recommendation to the Yakima City Council which will
make thc final decision on the proposed Preliminary Long Plat and the Critical Area
Standard Development Permit.
V. Notices. A Notice of Application, Environmental Review and Public Hearing for a
Preliminary Long Plat (PLP#005-22), Critical Areas Ordinance Review (CAO#004-22),
and State Environmental Policy Act Review (SEPA#013-22) was provided by posting a
Land Use Action Sign on the property on June 29, 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 August 3, 2022; and by
publishing said Notice in the Yakima Herald -Republic also on August 3, 2022. Two
written comments from neighbors were received during the public comment period.
VI. Comprehensive Plan. The site of the proposed Preliminary Plat of "Canterfield
Estates Phase 1 & 2" is located within the Low Density Residential designation which
provides mainly for single-family detached dwellings with other dwelling types under
RECEIVED
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
4
SEP 0 S 202ii
CITY OF YAfd!,:1
COMMUNITY LL VLiClr ,;
certain circumstances. The permitted density is up to seven dwelling units per acre for
infill development. The following goals and policies apply to this proposal:
Goal 2.3: Preserve and enhance the quality, character, and function of Yakima's
residential ncighborhoods.
Policy 2.3.1(B): Continue to allow for detached single family dwellings in
residential districts.
Policy 2.3.3: Create walkable residential neighborhoods with safe streets and good
connections to schools, parks, transit, and commercial services.
Policy 2.3.3(A): Construct sidewalks along all new residential streets.
Policy 2.3.3(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 intemal streets to meet connectivity objectives.
Goal 2.6: Community design. Promote compatible high quality development that
enhances the character and identity of Yakima.
Policy 2.6.2(A): Recognize that the character of public rights -of -way play a role in
determining community character. Wherever feasible, promote complete streets
and incorporate strcetscape 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.
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.
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
RECEIVED
5 AP di 8 2022
CITY OF YAKWA
COMMUNt I Y Ut VE LOP/,SENT
Policy 5.4.3: Encourage development of well -designed new housing in coordina-
tion with population growth, employment growth, and transportation goals.
Policy 5.4.7: Promote complete streets and trails to interconnect Yakima's
neighborhoods and promote walkability.
VII. Zoning and Land Use. The 8.5-acre parcel is located within the Single -Family
Residential (R-1) zoning district and it is currently vacant except for a single-family
residence with accessory buildings located on the proposed I,ot 1. Surrounding land uses
are mostly large lots of one-half acre to three acres developed with single-family
residences. North of the property is mostly vacant including land surrounding the
Yakima Air Terminal. The proposed subdivision is similar to surrounding single-family
residential uses. YMC § 15.03.020(B) states that the purpose, intent and characteristics of
the R-1 zoning district where the proposed preliminary plat is located is to:
(1) Establish new residential neighborhoods for detached single-family dwellings
free from other uses except those which are compatible with, and serve the residents of.
this district, which may include duplexes and zero lot lines if established during the
subdivision process.
(2) Preserve existing residential neighborhoods for detached single-family
dwellings free from other uses to ensure the preservation of the existing residential
character, and serve the residents of this district.
(3) Locate moderate -density residential development, up to seven dwelling units
per net residential acre, in areas served by public water and sewer system.
(4) Detached single-family dwellings are the primary use in this district. The
district is characterized by up to sixty percent lot coverage; access to individual lots by
local access streets; required front, rear, and side yard setbacks; and one- and two-story
structures. The density in this district is generally seven dwelling units per net residential
acre or less.
(5) This zone is intended to afford single-family neighborhoods the highest level
of protection from encroachment by potentially incompatible nonresidential land uses or
RECEIVED
Mayling Chin, property owner
4802 Spring Creek Road
Canterfeld Estates Phase I & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
6
SEP 0 8 2022
CITY OF '.' 'r✓. .
COMMUNIIY DEvLLk;i ,, r
impacts. Nonresidential uses within these zones are not allowed; except for public or
quasi -public uses, which will be required to undergo extensive public review and will
have all necessary performance or design standards assigned to them as necessary to
mitigate potential impacts to adjacent residences.
(6) Duplex and multifamily development up to seven dwelling units per net
residential acre may be allowed in accordance with Table 4-1.
VIII. Environmental Review. This application was required to undergo State Environ-
mental Policy Act review because it is required for Subdivision applications within the
City (YMC § 14.20.030) and because the subdivision is taking place partially within a
Critical Area. After reviewing the application, coordinating with DST, and considering
public comments, a Determination of Nonsignificance (DNS) was issued on August 3,
2022, which was not appealed (Document Index F-4).
IX. Transportation Concurrency Ordinance. The applicant applied for Trans-
portation Concurrency (TCO#007-22) on May 26, 2022, and was approved for
concurrency on June 14, 2022. The development will not exceed the PM peak hour
capacity of the city arterial system and reserve capacity exists on all impacted streets
(Document Index F-1).
X. Development Services Team and Public Agency Comments. The following
comments were submitted by the Development Services Team which met on June 28,
2022, and by public agencies:
(1) Code Administration: The City of Yakima Code Administration comments
were as follows:
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
7
RECEIVED
SEP08202.
CITY OF V"ptn
COMMUNIIY
(a) Addressing shall be as follows: Lot 1: 4802 Spring Creek Rd.; Lot 2:
1901 Canterfield Dr.; Lot 3: 1903 Canterfield Dr.; Lot 4: 1905 Canterfield Dr.;
Lot 5: 1907 Canterfield Dr.; Lot 6: 1913 Canterficld Dr.; Lot 7: 1916 Canterfield
Dr.; Lot 8: 1910 Canterfield Dr.; Lot 9: 1904 Canterfield Dr.; Lot 10: 1902
Canterfield Dr.; and Lot 11: 1900 Canterfield Dr.
(h) Pursuant to 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 [low coverage for proposed structures in accordance with
WSFC Appendix C
(c) These findings are not intended to be an exhaustive review of this
proposal.
(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) YMC 8.67 and 12.05 — New curb, gutter, and 5' sidewalk required
along frontage of Spring Creek Rd. and within new development. Residential
street section shall conform to standard detail R3. New sidewalks shall be
constructed per standard detail R5.
(b) 8.64 — Driveways 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.
(e) 12.06.050 — Cul-de-sac streets shall conform to this section, with a
right of way diameter of 80' and an improved diameter of 65'. 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
phased boundary.
RECEIVED
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase I & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
8
SEP 0 8 2022
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
(f) 12.06 — Street and right of way widths shall conform to this section
unless otherwise approved. 50' of right of way is required for Spring Creek Rd.
and new residential street.
(g) 12.06.080 — Street lighting — A street Tight shall be installed at each
street intersection and at mid -block if the block exceeds five hundred feet in
length. Street lights shall meet the design and placement standards of the city
engineer. Lighting improvements shall become the property of the city of
Yakima upon installation and will thereafter be maintained by the city.
(h) YMC 14.05.200/14.20.130 — All frontage improvements shall be
completed prior to long plat approval. At the discretion of the City Engineer,
the owner may bond for required frontage improvements or may be allowed to
postpone improvements through a Covenant/Deferral Agreement. If bonding is
allowed, it shall be executed and recorded prior to or as part of approval of the
long plat. Civil engineering plans, which are stamped and signed by a civil
engineer, arc required to be submitted for review and approval for all Title 12
required improvements and prior to approval of bonding. If frontage
improvements are required at this time, they shall he completed prior to
Certificate of Occupancy.
(3) Surface Water: Prior to any grading on this project, all erosion control
measures shown on the Temporary Erosion and Sediment Control plan shall be in place
and the developer shall pass an erosion control inspection by the City. This project shall
get a Large Project Stormwater Permit. Drainage plans and calculations shall be provided
to the Surface Water Engineer for review and approval. 1'hc applicant shall provide a
Stormwater Pollution Prevention Plan to the City for review and approval. Since the total
area of this project is over 5 acres, the applicant cannot apply for the erosivity waiver. A
Stormwater Maintenance Agreement will not be required as the street is public. For the
plat approval, the applicant will not have to provide a completed TESC plan, drainage
plans and calculations, SWPPP or anything else related to stormwater. However, prior to
any grading, the TESC plan and SWPPP must be approved and erosion control inspection
must be passed.
(4) Wastewater: City Sewer will need to be extended into the development per
YMC Title 7 and 12 and per City of Yakima Wastewater Standard Details.
(5) Nob Hill Water Association: The owner will need to contact Kirsten
Mcpherson at Nob Hill Water with signed engineered plans in order for water design to
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estatcs Phase 1 & 2
PLP#005-22, CA()#00422
SEPA#013-22 and TCO#007-22
9
RECEIVED
SEP 0 8 2022
CITY OF YAKIMA
COMMUNITY GE✓LL pWNT
be started for new development. New water mainline, fire hydrants, and water service
connections will be required to he installed for new development.
(6) The Washington State Department of Ecology (DOE): Regarding water
resources, if you plan to use water for dust suppression at your project site, be sure that
you have a legal right. In Washington State, prospective water users must obtain
authorization from the Department of Ecology before diverting surface water or
withdrawing ground water, with one exception. Ground water withdrawals of up to 5,000
gallons per day used for single or group domestic supply, up to 5,000 gallons per day use
for industrial purposes, stock watering, and for the irrigation of up to one-half acre of
non-commercial lawn and garden are exempt from the permitting process. Water use
under RCW 90.44.050 exemption establishes a water right that is subject to the same
privileges, restrictions, laws and regulations as a water right permit or certificate obtained
directly from Ecology. Temporary permits may be obtainable in a short time -period. The
concern of Water Resources is for existing water rights. In some instances water may
need to be obtained from a different area and hauled in or from an existing water right
holder. If you have any questions or would like to respond to these Water Resources
comments, please contact Christopher Kossik at (509) 379-1826 or email at
Christopher.kossik(a),ecy.wa.gov.
(7) Ahtanum Irrigation District: While this parcel is located within our District,
the parcel has no surface water right established in the Final Decree (2019), the
Conditional Final Order Subbasin No. 23 (Ahtanum) (2019), and the Final Schedule of
Rights dated May 9, 2019, in State of Washington. Dept. of Ecology v. Acquavella, et. al.
(2019). In summary, no irrigation water will be provided by our District to this
development. However, our Board must sign off on the plat for this subdivision. The
surveyor will need to provide us with the original Mylar, as well as one copy, for District
signature. As our Board meets once per month, please telephone in advance for meeting
dates to avoid delays. If any further information is required, you can contact us at (509)
249-0226.
XI. Written Public Comments from Two Neighbors. Written comments from two
neighbors submitted during the comment period followed by a response in italics are as
follows:
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
RECEIVED
'3EP 08 202?
10 CITYOI
COMMUN11 Y UL'JLLu',
(1) Stephanie Coson (July 13, 2022): I am writing this letter on behalf of myself
(Stephanie Coson) and Matthew Swetnam, co -owners of 4904 Spring Creek Rd. Yakima,
WA 98903. Reference numbers — PLP#005-22, SEPA#013-22, CAO#004-22 —
Applicants name = Mayling Chin/PLSA.
Its unfortunate that we can't control the spaces surrounding our properties...and while we
have enjoyed years of privacy...1 understand that the land in question belongs to Mayling
and is hers to do with as she pleases. I have some concerns and requests that hopefully
can be addressed by writing this letter. I'm wondering if it's possible for there to be
certain stipulations set in place that a potential buyer must abide by? I would like my
current standard of living to remain the same as much as will be possible.
We purchased this house, for the sole reason of the seclusion and privacy it has afforded
us. I would not like having a two story house built close to my property line so that it
ends up I feel like I am living in a fish bowl.
I have many animals that will become extremely loud and noisy when people approach
my property. I fear that any new neighbors will be greatly disturbed by the honks of my
geese or the barks of my dogs. I worry it will end up causing potential problems like
someone filing a nuisance animal report or complaints to the city that may end up with
me having to find new homes for my pets. My request would be that houses must be
built a certain distance away from my property line and not be two stories.
Our second concern is one that has to do with the time which construction will be taking
place. Long exposure to noise and dust from construction sites can cause stress, anxiety,
possible health problems along with sleep disturbances. I am a home health care provider
and have the good fortune of caring for my 76 yrs old mother. I have concerns about
how an impending construction site will effect her health as well as others in the
surrounding area.
My last request/concern is about the Springcreek Wetlands and the wildlife that resides
there. I would like to request that the wetlands be delineated and have a safety buffer or
certain allowances put into place for the conservation of the many birds and wildlife that
make their homes there.
We appreciate the chance to share our concerns and information in order to look at
potential options that will keep all parties satisfied.
Thank you, Sincerely, Stephanie Coson. RECEIVED
SEP 08202?
Mayling Chin, property owner 11 CITY OF 1'^i ,..,
4802 Spring Creek Road COMMUNITY LE vi t ; .,
Canterficld Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
The proposed subdivision will adhere 10 all design standards for the R-1 zoning district
and the Airport Safety Overlay district. Per YMC §15.03.020(B), the R-1 district is
intended to "preserve existing residential neighborhoods for detached single-family
dwellings..." and "ensure the preservation of the existing residential character" of the
district It is also intended "to afford single-family neighborhoods the highest level of
protection from encroachment by potentially incompatible nonresidential land uses or
impacts " The design standards required for the R-1 zoning district are set forth to
promote public health, safety and welfare, and any development on the proposed
.subdivision will adhere to these standards. The subdivision will comply with Critical
Areas standards set forth in YMC Chapter 15.27. The purpose of these standards can be
found in YMC §15.27.130. In addition, the phasing of the development, the rear setback
requirements and the large size of Lots 5, 6, 7, 8 and 9 should address to a greater extent
than other permissible plat designs the privacy, nuisance, dust and wildlife concerns
expressed in this comment.
(2) John Mefford (July 10, 2022): I am writing to comment on the proposed
development of Canterfield Estates, Phases 1 and 2. Over the last ten years, I observed
much development in the City of Yakima and Yakima County. I appreciate the
opportunity to comment to help the City of Yakima balance growth with the needs of all
the members of the community.
My comments can be grouped into three major areas: 1) impact to drainage with resulting
potential increase in flooding threat, 2) potential uses of pesticides and possible overspray
during any phase of the development, and 3) a full and respectful acknowledgement of
indigenous cultural resources that may potentially be encountered.
1) The application makes reference to the classification of the 100-year floodplain
as a critical area by the City of Yakima. Typically, a development in a 100-year
floodplain means there is a 1% chance of flooding. However, if a structure is near
a flooding source such as a stream or drainage or if the landscape is altered in
certain ways, the risk of flooding may actually be higher than 1%. In this situation,
the risk of flooding may be as high as 26% so that over the course of a 30-year
mortgage there can be a one in four chance of flooding.
As shown in the preliminary plat diagram, all of Phase 2, which constitutes the
majority of development in square footage, lies south of the north boundary line of
the FEMA-designated 100-year floodplain, thus fully existing within the
floodplain. Will the proposal be consistent with the requirements imposed by the
RECEIVED
Mayling Chin, property owner
4802 Spring Crcck Road
Canterfield Estates Phase I & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
12
aEP d is 2021
CITY Or
COMMUNII Y V; c,,
City of Yakima and/or Yakima County for development in a floodplain and if so,
what impact will that have on surrounding properties?
For instance, the proposal does not call for fill to be brought in. Rather, grading
will be performed so that cuts and tills are cxpected to balance. Even given this
situation, will any modifications of the landscape necessary for development in a
100-year floodplain potentially increase the chances of flooding in adjacent areas?
1 cannot interpret what appears to be contour lines on the preliminary plat diagram
since there are not elevations associated with the contour lines. However, based on
the general topography, the drainage is essentially eastward consistent with the
various drainage features such as Spring Creek, Wide Hollow Creek and unnamed
ephemeral tributaries in the vicinity. What I want to know is if any future
modification on Phase 2 lots will direct drainage to the south as opposed to the
east such that the chance of flooding is increased to those properties adjacent.
2) The application does not mention use of herbicides. Yet, can we discount the
potential futurc use of herbicides such as Diuron to control noxious weeds and
invasive species during any time during the development of Canterfield Estates?
It is not uncommon for herbicides to be applied to the soil after a development has
been cleared of vegetation, especially in cases where the development may take
several years to complete. If used, please ensure the proper management and
application of herbicides so that conditions such as overspray and drift do not
occur that will impact the surrounding residential community or the environment.
3) The answer to question #2 concerning Historic and Cultural Preservation in
Section B of the SEPA checklist does not adequately address the intent of the
subsection, i.e., whether a proper evaluation was undertaken or even if one was
actually performed. The operating assumption often is that if a cultural resource is
not readily visible then it doesn't exist. Yet, we may be ignorant about items of
cultural interest, especially archaeological ones, that may reside in the subsurface.
The existence of or the encroachment of the urban environment does not negate
the possibility of encountering indigenous cultural resources. To address that
possibility is the function of the Department of Archaeology and Historic
Preservation's (DAHP) WISAARD database and its predictive model. One of the
key elements in that predictive model is the proximity to water bodies such that
the probability of encountering cultural resources increases as one approaches that
feature. Note that Spring Creek, a spring -fed waterbody, exists in close proximity
to the proposed development. RECEIVED
Mayling Chin, property owncr 13 SEP 0 8 20fl
4802 Spring Creek Road
Canterfield Estates Phase I & 2 CITY OF YAKIMA
PLP#005-22, CAO#004-22 COMMUNITY DL'VLLOr MENT
SEPA#013-22 and TCO#007-22
Also, my understanding of the WISAARD system is that it was meant to rely on
Bayesian statistics such that new information adds to the predictive model used in
evaluating an area for the potential to cncounter items of cultural interest. Yet,
how does one even recognize an item of cultural significance? Typically an
Inadvertent Discovery Plan (IDP) aids in helping workers and others identify
items of cultural significance and what steps to take if encountered. I did not see
any reference to an IDP in question #3. This seems to be an oversight. Although
an IDP may not be required by law, it is good practice.
I support residential development provided that possible impacts have been fully
considered and mitigated, as necessary, to prevent or reduce adverse effects to the
existing community and to the natural resources, including our cultural ones.
In closing, thank you for the opportunity to comment on this proposed
development, your acknowledgements of the importance of public comment in
shaping future growth and in providing transparency in government decision -
making.
Sincerely, John Mefford, 5123 Lyons Loop, Yakima, WA
This proposed development will comply with all the standards for development/
construction in critical areas, specifically the mapped 100 year floodplain, by complying
with City requirements to avoid increasing flood hazardc in floodplains by means set
forth in YMC Chapter 15.27. A plat note will require the owners, their grantees and
assignees in interest to retain all surface water generated within the plat on -site. A plat
note will also require that no structure, fences, walls or other obstructions that impede
drainage shall be placed within the floodplain without the approval of the City of Yakima
Community Development Director and in accordance with the City of Yakima Municipal
Code critical areas ordinance and further that the property owner shall keep the 100-
year floodplain traversing his/her property free of debris which would impede the
function of the floodplain. Since this property falls entirely within the DAHP Predictive
Model at a level 4, High Risk, an Inadvertent Discovery Plan will be required to be
approved by the Planning Division prior to any ground disturbance even though DAHP
did not comment on this proposal.
X11. Applicable Subdivision Ordinance and Statutory Provisions. Applicable
subdivision regulatory provisions are as follows:
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase I & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
14
RECEIVED
SEP 0 8 2022
CITY''
COMMON
(1) YMC 415.05.030(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-1 zoning
district, the required minimum lot size is 6,000 square feet.
(2) YMC §15.05.030(C)(1): In residential districts, this standard is intended to
maintain the residential character of the area and will vary by dwelling type, the
suitability of the land for development, and the type of water and sewer system. The
following are the minimum lot size requirements in the residential districts, except when
the Yakima health District determines that a larger area is necessary for the safe
installation of approved water supply and sewage disposal systems. The required
minimum lot size for parcels within the floodplain is one acre.
(3) YMC 415.30.040: 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 are 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
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 48.96.010: Complete Streets Purpose: The purpose of the complete
streets policy is to ensure all users are planned for in the construction of all city
transportation improvement projects as outlined in the comprehensive plan and detailed
in the soon to be adopted bike master plan and Americans with Disabilities Act (ADA)
transition plan. By enacting the ordinance codified in this chapter the city of Yakima
encourages healthy, active living, reduction of traffic congestion and fossil fuel use,
inclusion and maintenance of trees and appropriate landscaping, and improvement in the
safety and quality of life of residents in the city of Yakima by providing safe, convenient
and comfortable routes for walking, bicycling and public transportation. The complete
streets policy will improve street connectivity for all modes. RECEIVED
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
15
SEP 0 8 702?r
CITY 0
COMMUNI
(6) YMC §8.96.020: Definitions:
"Complete street" means a road that is designed to be safe and accessible for
drivers, bicyclists, transit vehicles and riders, and pedestrians of all ages and abilities.
The complete streets policy focuses not just on individual roads but on changing the
decision -making process so that all users are routinely considered during the planning,
designing, building and operating of all roadways.
"Street" means any public right-of-way, including arterials, connectors, alleys,
ways, lanes and roadways by any other designation, as well as bridges. tunnels, and any
other portions of the transportation network, that is open for use by the general traveling
public.
"Street project" means the construction. reconstruction. retrofit. maintenance,
alteration or repair of any street, and includes the planning, design, approval and
implementation processes, except that "street project" does not include minor routine
upkeep, such as cleaning, sweeping, mowing, spot repair or interim measures on detour
routes. If safety and convenience can be improved within the scope of pavement
resurfacing, such as grind and overlay and restriping, such projects should evaluate and
make every attempt to implement complete streets as outlined in the soon to be adopted
bike master plan and AI)A transition plan to provide access and increase safety for all
users. Grind and overlay and rcstriping projects are limited to striping elements as called
for in the soon to be adopted bike master plan and ADA transition plan. Signalization
changes shall not trigger additional complete streets elements.
"Users" means individuals of all ages and abilities. including children, youth,
families, older adults and individuals with disabilities who use streets, including
pedestrians, bicyclists, motor vehicle and freight drivers, public transportation riders and
drivers.
(7) YMC &15.05.020(H): Site design requirements and standards: Access
Required: All new development shall have a minimum of twenty -feet of lot frontage
upon a public road or be served by an access easement at least twenty feet in width. The
purpose of this standard is to provide for vehicular access to all new development;
provided, the construction of single-family residences on existing legally established lots
is exempt from the requirements of this section.
(8) 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
RECFIVED
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
16
E F' (l 8 2027
CITY OF YAAIMA
COMMUNITY l)LVE f
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.
(9) 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 easements shall also be established across
the front of new lots and redeveloped lots to provide future utility access as determined
necessary by the City Engineer. Public utility easements shall be dedicated (granted) at
the time that subdivision and/or land use approval is granted.
(10) YMC § 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.
(11) YMC 412.03.010: 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.
(12) YMC 412.03.040: Minimum sewer size: The minimum size for public sewer
lines is eight inches in diameter.
(13) YMC 412.03.070: Side sewer service: Each building containing sanitary
facilities shall be served by a separate private side sewer line from a public main.
(14) YMC 412.04.010: Water service required: All new lots and development
shall be served by a public water supply line maintained by the City of Yakima, Nob Hill
Water Company [Association], or other water purveyor, and located adjacent to the lot or
development site. The water line shall be capable of providing sufficient flow and
pressure to satisfy the fire flow and domestic service requirements of the proposed lots
and development as approved by the City Engineer in cooperation with the Code
Administration Manager and Water Irrigation Division Manager.
(15) YMC 412.04.020: Water line extension required: Water lines shall be
extended to the point where the adjoining property owner's responsibility for further
extension begins. This typically requires extension across the street or easement frontage
RECEIVED
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP4005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
17
3fF' 6162022
CITY Cf li 11'A
COMMLtiV`i'i:;E.+._LOfN9CNT
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.
(16) YMC §12.04.040: Minimum size and material standards: New water lines in
the City of Yakima water system shall be constructed of Class 52 ductile iron and shall be
a minimum of eight inches in diameter. Improvements and additions to the Nob I1i11
Water Company [Association] system shall conform to the requirements of Nob Hill
Water Company (Association].
(17) 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.
(18) YMC 412.06.020: Right-of-way and pavement width standards: Right-of-way
shall be dedicated and street surfacing provided in accordance with the applicable
standards: Residential Access — 50 feet ROW and minimum 32-feet of pavement width.
(19) RCW 58.17.280 and YMC Chapter 14.15.090 — Naming and numbering of
short subdivisions, subdivisions, streets, lots and blocks: Any city, town or county shall,
by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets,
lots and blocks are named and numbered. A lot numbering system and a house address
system, however, shall be provided by the municipality for short subdivisions and
subdivisions and must be clearly shown on the short plat or final plat at the time of
approval.
(20) RCW 58.17.110(1), YMC 4,14.20.100(A) and YMC § 14.20.120(A): The city,
town, or county legislative body shall inquire into the public use and interest proposed to
be served by the establishment of the subdivision and dedication. It shall determine (a) if
appropriate provisions are made for, 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.
RECEIVEP
Mayling Chin, property owner
4802 Sprang Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
18
al,F i) 8 2022
CI1Y'?
COMMU .i�':
Xlll. 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 arca without obtaining a development authorization in accordance with the
provisions of this chapter, except for those provided for in YMC § 15.27.303. The
southern portion of this parcel is within a designated critical area in the form of a 100-
year floodplain which consists of either backflow from Spring Creek to the north of the
property or a floodplain of Bachelor Creek to the south of the property. The property is
not within a floodway. An application for a Critical Area Standard Development Permit
is the requisite authorization that is consolidated with the preliminary plat application for
approval by the Yakima City Council.
(2) General Critical Areas Protective Measures —Subdivision Standards: Pursuant
to YMC §15.27.321(B)(2)(a-c & g), critical areas shall be actively protected through the
following:
(a) Roads and utilities for the subdivision shall avoid critical areas and their
buffers, 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;
(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.
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
19
RECEIVED
SEP 0 R 2022
CITY OF YAKIMA
COMMUNITY ix: VLIOPMi
(d) Floodplains 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 are permitted uses within the flood 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) 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
(e) 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.
XIV. Specific 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 to inquire into and determine whether the following standards and criteria
are satisfied:
(1) Subsection 14.20.100(A)(1) — Consistency with the City's Urban Area
Zoning Ordinance Intent, Design, Improvement and Development Provisions
Applicable to the R-1 Zoning District. A determination of consistency with the City's
Urban Area Zoning Ordinance intent, design, improvement and development provisions
applicable to the R-1 zoning district involves a consideration of the following provisions
of Title 15 and Title 12 of the Yakima Municipal Code (YMC):
(a) Consistency with the Intent of the Single -Family Residential (R-1)
Zoning District: YMC § 15.03.020(B) indicates that the intent of the R-I zoning
district is to establish and preserve residential neighborhoods primarily for
RECEIVED
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
20
sEp 0 8 2022
CITY or YPNIMA
COMMIJNI
detached single-family dwellings of a density up to seven dwellings per net
residential acre. The purpose of this proposed preliminary plat is to provide lots
for middle income detached single-family residences of a density of about 1.4
dwelling units per net residential acre for the 11 lots on 8.5 acres. The first phase
consisting of 6 dwelling units on 1.78 acres (with street area removed) is about 3.4
dwelling units per net residential acre. The second phase consisting of 5 dwelling
units on 5.46 acres (with street area removed) is about 0.92 dwelling units per net
residential acre.
(b) Consistency with Design, Improvement and Development Provisions
Applicable to the Single -Family Residential (R-1) 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-1 zoning district as follows:
(i) Maximum Lot Coverage The maximum lot coverage is the
percentage of net land area of a site that can be covered with structures and
other impervious surfaces. In the R-1 zoning district, the maximum lot
coverage is 60 percent. All lots within the proposed preliminary plat have
sufficient lot area to comply with this development standard.
(ii) Minimum Lot Size: The lots ranging in size from 7,753 square
feet to 1.18 acres will meet the minimum 6,000-square-foot lot size
requirement for single-family residences served by public water and sewer
service in the R-1 zoning district. All of the lots wholly within the
floodplain will meet the minimum lot size of 1 acre within the floodplain.
The single-family residences on those lots are only permitted uses if they
comply with the flood hazard protection standards of YMC § 15.27.407 and
YMC § 15.27.408.
(iii) Minimum Lot Width: The lots will all meet or exceed the mini-
mum lot width of 50 feet prescribed for the R-1 zoning district by Table 5-2
of YMC Chapter 15.05.
(iv) Density: The proposed preliminary plat has an overall density
of 1.4 dwelling units per net residential acre not including streets. Phase 1
will have 3.34 dwelling units per net residential acre and Phase 2 will have
0.92 dwelling units per net residential acre. This density complies with
Mayling Chin, property owner
4802 Spring Creek Road
Canterficld Estates Phase I & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
21
RECEIVED
6EP 0 b 702?
CITY 0' ' : '
COMMUtI
YMC §15.03.020(B) and YMC §15.05.020(B) which both allow up to
seven dwelling units per net residential acre not including street arca in the
R-1 zoning district.
(v) Maximum Building Height. The maximum building height in the
R-1 zoning district is 35 feet (YMC Chapter 15.05, 'Table 5-1). The
property is entirely within Zone 6 of the Airport Safety Overlay (ASO)
which also limits the building height to 35 feet.
(vi) 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
Of Right -of -Way
From Property Line
Front
45 feet
20 feet
Rear
N/A
15 feet
Side (internal)
N/A
_
5 feet
Side (street)
40 feet
10 feet
(2) Subsection 14.20.100(A)(2) — Consistency with the provisions of the
Comprehensive Plan. The Future Land Use Map III-3 of the 2040 Yakima Urban Area
Comprehensive Plan designates the property within the proposed preliminary plat as
suitable primarily for detached single-family residences with a density of up to 7
dwelling units per net residential acres for infill development. As noted above, the
proposed preliminary plat is consistent with Goal 2.3, Policy 2.3.1(B), Policy 2.3.3,
Policy 2.3.3(A), Policy 2.3.3(C), Goal 2.6, Policy 2.6.2(A), Goal 5.2, Policy 5.2.1, Goal
5.4, Policy 5.4.3 and Policy 5.4.7.
(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
Mayling Chin, property owner
4802 Spring Creek Road
Cantcrfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
22
RECEIVED
SEP 0 8 2021
CITY Of YAKIMA
COMMUNITY D d'LLt`-WFAT
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 11-lot preliminary plat
of "Canterfield Estates Phase 1 & 2" wiIl make following appropriate provisions for the
features required by YMC § 14.20.100(A)(4) and RCW 58.17.110(1):
(a) Public health, safety, welfare: The construction of 10 new single-family
dwellings will promote the public health, safety and general welfare insofar as
there is a need in this community for additional housing and insofar as this
proposed preliminary plat would be required to comply with all applicable City
development standards, and all conditions of approval specified by the City
Council.
(b) Open spaces: The proposed lots are larger than the minitnum lot size
required in the R-1 zoning district for single-family dwellings. The lot coverage
limitation of not more than 60 percent in the R-1 zoning district will provide
adequate light and air for future residents in accordance with the standards in the
zoning ordinance without additional open spaces.
(c) Drainage systems: Drainage system facilities must be provided in
accordance with state and local regulations including the City of Yakima
Municipal Code and the Eastern Washington Storm Water Manual. A plat note
will state that the owner and future owners will be required to retain all surface
water generated within the plat on -site. An additional plat note will state that no
structure, fences. walls or other obstructions that impede drainage shall be placed
within the floodplain and that the owner shall keep the floodplain traversing
his/her property free of debris which would impede the function of the floodplain.
(d) Streets, alleys, and other public ways. The subject property will have
frontage upon Spring Creek Road, a Local Residential Street which requires 50
feet of right-of-way and half -street right-of-way of 25 feet. A cul-de-sac will be
installed per Title 12 Development Standards at the south end of the internal street
that will be named Canterfield Drive.
(e) Transit stops: The nearest transit stops are located on West Washington
Avenue at the intersections of 40th Avenue and 64`h Avenue which are respectively
about one mile east and one mile west of the site.
Mayhng Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
23
RECEIVF6
SEP 1) ti 2022
C0'�"^U
(f) Water supplies: Public water is required to be used for domestic and
fire flow purposes. An adequate water supply for this subdivision is available
from the Nob Hill Water Association.
(g) Sanitary waste disposal: Public sewer is available to this site by way of
a 12-inch line along Spring Creek Road. The owner will have to extend sewer
lines from each of the lots to the main sewer line along Spring Creek Road.
(h) Parks and playgrounds: Open space, parks, recreation and playgrounds
are located about one -tenth of a mile away at SOZO Sports Complex and about
one-half of a mile away at Randall Park. The proposed preliminary plat is not
located in a planned parks and recreation area. Provisions for parks and recreation
areas are not necessary within the proposed preliminary plat due to the size,
number and location of the proposed lots. Provisions for playgrounds exist at the
schools which children within the proposed preliminary plat would be attending,
and could also be individually provided on the lots themselves which are of a size
which would allow for playground areas as needed or desired.
(i) Sites for schools: Whitney Elementary and Wilson Middle School are
located approximately within 1 mile to the north, and Eisenhower High School is
located approximately within 1.2 miles north of this subdivision.
(j) Sidewalks • Sidewalks are required and shall be provided along the
frontage of this development and within the new development.
(k) Serves the public use and interest: This proposed 11-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.
(I) 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.
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
RECEIVi
24 SEP 0 b 202?
CITY ^
COMMLIN,r,
XV. Specific Critical Areas Ordinance Findings. Specific findings relative to
the Critical Areas Ordinance are as follows:
(1) This application was subject to Environmental Review which resulted in the
issuance of a Determination of Nonsignificance (DNS) on August 3, 2022, which was not
appealed.
(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 Critical Area Standard
Development Permit is required.
(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 that crosses proposed Lots 5, 6, 7, 8 and 9. All requirements
of YMC Chapter 15.27 to avoid creating flood hazards for nearby properties must
be followed and the owner must obtain the Planning Division's approval of a
cultural resources Inadvertent Discovery Plan which will also help address a
neighbor's questions and concerns.
(b) Danger to life or property that would likely occur as a result of the
project. The floodplain of Spring Creek and/or Bachelor Creek is located on the
parcel, and the proposed grading plan will be required to channelize the
floodwater flowing into the development so as to avoid creating additional danger
to life or property in the area.
(c) Compatibility of the project to critical area features: The lots that lic
within the floodplain (Lots 5, 6, 7, 8 and 9) will be required to have building pads
or envelopes elevated above the floodplain. Excavation in these parcels will be
done in a way that results in net zero slope change, so that the flood channel will
be minimally altered, and neighboring parcels will not be affected by the impact of
the development. Executing this project will be donc responsibly, conforming with
all guidelines in YMC Chapter 15.27.
Mayling Chin, properly owner
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2
PAP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
25
RECEIVED
SEP d 2027
CITY 0,
COMMUI:'.
(d) Conformance with applicable development standards All applicable
standards of YMC Chapter 15.27 will be met.
(e) Compliance with flood hazard mitigation requirements of YMC
§15 27.400 through §15.27.436: Also in order to avoid creating additional flood
hazards for other properties from development of this project, the development
must adhere to all applicable standards. Construction must occur in a way that is
protected against flood damage. Additionally, the alteration of the natural
floodplain will be minimized and its natural pathways will be maintained.
Penalties for noncompliance will be enforced.
(1) Adequacy of the information provided by the applicant or available to
the Planning 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 and since the
proposal will comply with the criteria required for the requested critical area development
authorization, the Hearing Examiner recommends that the City Council grant the Critical
Area Standard Development Permit development authorization in conjunction with
approval of the Preliminary Long Plat of "Canterfield Estates Phase I & 2."
XVI. 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 "Canterfield estates Phase 1 & 2" 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
RECCFIvEn
Mayhng Chin, property owner
4802 Spring Creek Road
Canterfield Estatcs Phase I & 2
PLP#OOS-22, CA04004-22
SEPA#013-22 and TCO#007-22
26
ordinance, subdivision ordinance, building codes and other applicable regulations. The
proposed single-family dwellings are Class (1) permitted uses in the R-1 zoning district.
(2) The level of development consisting of maximum lot coverage of 60 percent,
lots that are larger than the minimum lot size requirements and development density of
1.4 dwelling units per net residential acre will not exceed the allowable level of
development in the Single -Family Residential (R-1) 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 owner's expense
would insure that adequate infrastructure and public facilities are 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 thc recommended conditions, the
proposed Preliminary Long Plat of "Canto -field Estates Phase 1 & 2" with the requisite
Critical Area Standard Development Permit will be consistent with thc development
standards of applicable City ordinances.
CONCLUSIONS
Based on the foregoing Findings, the Hearing Examiner concludes as follows:
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of the proposed Preliminary Long Plat of "Canterfield Estates Phase
1 & 2" 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 Determination of Nonsignificance (DNS) was issued for this proposed
preliminary plat on August 3, 2022, that became fmal without any appeal.
(3) The proposed subdivision has been approved for concurrency on June 14, 2022,
for the reason that the development will not exceed the PM peak hour capacity of the City
arterial system and reserve capacity exists on all impacted streets.
RECEIVED
Mayling Chin, property owner 27 SEP 0 8 2022
4802 Spring Creek Road
Canterfield Estates Phase 1 & 2 CRY OF YAKIM.I
PLP#005-22, CAO#004-22 VOUNIUW1Y DEuL.•.,;'L ICNT
SEPA#013-22 and TCO#007-22
(4) Notices for the open record public hearing wcrc given in accordance with
applicable ordinance requirements.
(5) The proposed Preliminary Long Nat of "Canterfield Estates Phase 1 & 2," with
thc 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.
(6) This proposed Preliminary Long Plat of "Canterfield Estates Phase 1 & 2" with
the requested Critical Arca Standard Development Permit is in compliance with 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 proposcd
11-lot preliminary plat of "Canto -field Estates Phase 1 & 2" with the requested Critical
Area Standard Development Permit to be developed for single-family residences as
described in this Recommendation and in related documents which are assigned file
numbers PLP#005-22, CAO#004-22, SEPA#013-22 and TCO#007-22 be APPROVED,
subject to compliance with the following conditions:
(1) The applicant shall submit a cultural resource Inadvertent Discovery Plan prior
to excavation and construction. During development of the lots, the owner shall ensure
that any application of herbicides avoids overspray or drift onto adjacent properties in a
manner that impacts thc surrounding residential community or the environment.
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phasc 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#0U7-22
28
RECFIVEP
SEP 0 b 2022
CITY or YAKVA
CUMMUNI IY ULVELOPMENT
(2) The project shall comply with all applicable guidelines established for critical
areas set forth in YMC Chapter 15.27.
(3) There must be a legal water right for any water that will be used for dust
suppression.
(4) Fire hydrants will be required along streets spaced at intervals that will provide
fire flow coverage for proposed structures in accordance with the Washington State Fire
Code Appendix C.
(5) New curb, gutter and sidewalk shall be installed along the frontage of Spring
Creek Road and within the new development.
(6) Driveways will be constructed per YMC Chapter 8.64 and standard detail R4.
(7) An excavation and street break permit shall be obtained for all work within the
public right-of-way.
(8) Easements shall be established per YMC Chapter 12.02.
(9) The cul-de-sac street shall conform to YMC § 12.06.050.
(10) Street and right-of-way widths shall conform to YMC Chapter 12.06.
(1 1) Street lights shall be installed at each street intersection and at mid -block if
the block exceeds five hundred feet in length. Street lights must meet the design and
placement standards of the City Engineer.
(12) All frontage improvements shall be completed prior to final long plat
approval.
(13) The owner must contact the Nob Hill Water Association to arrange for water
service to the plat. New water mainline, fire hydrants, and watcr service connections
may be required. All lots shall be served with public watcr 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 the Nob Hill Water Association
must be submitted to the Planning Division indicating that each lot within the final plat
has been serviced with domestic water and applicable fees have been paid.
(14) The Ahtanum Irrigation District's approval must appear on the face of the
final plat.
Mayling Chin, property owner
4802 Spnng Creek Road
Canterfield Estates Phase 1 & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
29
RECEIVED
SEP 0 8 202?
CITY r'r
COMMUNI _,.
(15) Prior to any grading, a Temporary Erosion and Sediment Control Plan and
Stormwater Pollution Prevention Plan must be submitted and approved. An erosion
control inspection must also be passed.
(16) City Sewer will need to be extended into the development per YMC Title 7
and Title 12 and per City of Yakima Wastewater Standard Details. 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.
(17) 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.
(18) All public and private utilities shall be located underground with the
exception of telephone boxes and such similar structures.
(19) All public and private utilities to be located within public road rights -of -way
must be constructed prior to the start of road construction.
(20) Roadway sections within the floodplain shall be constructed in accordance
with the applicable regulations of YMC Chapter 15.27, Part Four.
(21) This plat shall be subject to the following notes, which must be placed on the
face of the plat:
(a) The addresses shown on this plat are accurate as of the date of
recording, but may be subject to change. The City of Yakima Building Codes
Division is responsible for the confirmation or reassignment of addresses at the
timc of building permit issuance.
(b) The owners shown hereon, their grantees and assignees in interest
hereby covenant and agree to retain all surface water generated within the plat on -
site.
(c) Portions of Canterfield Estates Phase 1 & 2 shown hereon may fall
within the t% annual chance (100-year) floodplain and limits shown on current
Flood Insurance Rate Maps. Floodplain information is subject to change as a result
of future FEMA Map revisions and/or amendments.
Rrc NED
Mayling Chin, property owner 30 SEP 0 8 202?
4802 Spring Creek Road
Canterfield Estates Phase I & 2 CI'
PLP#005-22, CAO#004-22 COMMU`
SEPA#013-22 and TCO#007-22
(d) No structure, fences, walls, or other obstructions that impede drainage
shall be placed within the limits of the (100-year) floodplain 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 traversing his/her property free of debris which
would impede the function of the floodplain.
(22) All addresses for the lots shall be as follows: Lot 1: 4802 Spring Creek Rd.;
Lot 2: 1901 Canterfield Dr.; Lot 3: 1903 Canterfield Dr.; Lot 4: 1905 Canterficld Dr.;
Lot 5: 1907 Canterfield Dr.; Lot 6: 1913 Canterfield Dr.; Lot 7: 1916 Canterfield Dr.;
Lot 8: 1910 Canterfield Dr.; Lot 9: 1904 Canterfield Dr.; Lot 10: 1902 Canterfield Dr.;
and Lot 11: 1900 Canterfield Dr. All addresses must be clearly shown on the face of the
final plat as required by RCW 58.17.280.
(23) All other requirements of the zoning and subdivision ordinance, although not
specifically set forth herein, shall be complied with in their entirety.
(24) Upon preliminary plat approval, the applicant/owner has five years to submit
the fmal plat. A one-year extension of time to submit the final plat may be requested by
submitting a written request for such an extension to the Yakima City Council at least 30
days prior to the expiration of the preliminary plat approval.
DATED this 8th day of September, 2022.
Mayling Chin, property owner
4802 Spring Creek Road
Canterfield Estates Phase l & 2
PLP#005-22, CAO#004-22
SEPA#013-22 and TCO#007-22
31
a�..� M.
Cary M. Chillier, Hearing Examiner
RECEIVE"
S E P 0 8 2022
CITY
COMMU.
ADOPTED BY THE CITY COUNCIL this 1st day of November, 2022.
ATTEST:
Sonya Claar Tee, City Clerk
4
Janice Deccio, Mayor
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: November 1, 2022
ITEM TITLE: Closed record public hearing and Resolution to consider the
Hearing Examiner's recommendation regarding the preliminary plat
of "Canterfield Estates" submitted by Mayling Chin located in the
vicinity of 4802 Spring Creek Rd.
SUBMITTED BY: Joan Davenport, AICP, Community Development Director
Joseph Calhoun, Planning Manager
Albert Miller, Assistant Planner (509) 576-6772
SUMMARY EXPLANATION:
PLSA Engineering & Surveying on behalf of Mayling Chin, submitted a preliminary long plat
application to subdivide approximately 8.5 acre parcel into 11 lots in two phases.
The Hearing Examiner held an open -record public hearing on August 25, 2022 and submitted a
recommendation of approval on September 8, 2022.
The complete hearing record was distributed to City Council in the agenda packet on October 18,
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
Resolution 10/19/2022 Resolution