HomeMy WebLinkAbout05/19/2009 13 Powerhouse Villas, Phase 1, Set Public Hearing Date BUSINESS OF THE CITY COUNCIL
S YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * 13
For Meeting of: May 19, 2009
ITEM TITLE: Set June 2, 2009 as the date for a Public Hearing to be held in City Council
Chambers at City Hall, regarding the development of a 32 -lot subdivision, to be known as
Powerhouse Villas, Phase 1.
SUBMITTED BY: William R. Cook
Director of Community and Economic Development
CONTACT PERSON /TELEPHONE: Joseph Calhoun; Assistant Planner (575 -6162)
SUMMARY EXPLANATION:
Set Date of Closed Record Public Hearing for Council consideration of the preliminary plat of
Powerhouse Villas, Phase 1, a 32 -Lot subdivision, for June 2, 2009.
The Hearing Examiner issued his written recommendation for approval of this application
subject to conditions.
0 Resolution _ Ordinance Contract _ Other Hearing Examiner's recommendation
Funding Source
APPROVAL FOR SUBMITTAL: ,43-,1
City Manager
STAFF RECOMMENDATION: Set Date of Closed Record Public Hearing for June 2, 2009.
BOARD RECOMMENDATION: Examiner recommended approval of the preliminary
subdivision, subject to conditions.
COUNCIL ACTION:
III
•
CITY OF YAKIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION & DECISION
May 7, 2009
In the Matter of a Preliminary Plat and )
A Class (2) Fourplex and Private Park )
Application Submitted by: )
) PLP #005 -08
Squire Ingham Company ) CL (2) #019 - 08
) EC #024 -08
For a 32 -Lot Preliminary Plat with Six )
Lots available for Fourplexes and a )
Private Park Located in the 5200 Block )
Of West Powerhouse Road known as )
The Plat of "Powerhouse Villas, Phase 1" )
Introduction. The hearing process for this application may be summarized as follows:
(1) The Examiner conducted an open record public hearing on April 23, 2009.
(2) The staff report presented by Assistant Planner Joseph Calhoun recommended
approval of this 32 -lot preliminary plat containing lots for common wall units, containing
six lots for fourplexes and containing a private park, subject to enumerated conditions.
(3) The Vice President and Manager of Squire Ingham Company, Bob Ingham,
testified in favor of approval of the application which is Phase 1 of four phases and which
contains six lots for fourplexes and contains a private park to be privately maintained.
Squire Ingham Company 1
• 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
(4) Ron Anderson, Associate Broker with Creekside Realty, who has been
working with Squire Ingham Company to market the property also testified in favor of
approval of the application.
(5) Residents of a single - family home near the northeast side of the proposed
preliminary plat, Cindy and Steve Paul, testified that the neighbors who reside in single -
family homes east of the proposed preliminary plat would prefer to see single - family
residences rather than fourplexes along the east side of the plat.
(6) This recommendation regarding the proposed preliminary plat and this
decision regarding the proposed Class (2) fourplex and park uses have been issued within
ten business days of the hearing.
Summary of Recommendation and Decision. The Hearing Examiner recommends
approval of this preliminary plat known as Powerhouse Villas, Phase 1, and, contingent
upon approval of the preliminary plat, approves the requested Class (2) uses in the
preliminary plat of six fourplexes on Lots 1 through 5 and Lot 10 and a private park to be
privately maintained, all subject to the conditions recommended by Mr. Calhoun and
subject to an additional condition for a view - obscuring fence along the east and northeast
side of the plat between the fourplexes and the adjoining single- family residential uses to
the east and northeast.
Basis for Recommendation and Decision. Based on views of the site with no one
else present on March 20 and April 22, 2009; a consideration of the staff report, exhibits,
testimony and other evidence presented at an open record public hearing on April 23,
2009; and a consideration of the applicable subdivision requirements, zoning ordinance
requirements, development standards and consistency criteria; the Hearing Examiner
makes the following:
Squire Ingham Company 2
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat •
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
0 -
FINDINGS
I. Applicant. The applicant is Squire Ingham Company, 5231 West Powerhouse
Road,. Yakima, Washington.
II. Location. The location of the proposal is the 5200 Block of West Powerhouse
Road. It is Assessor's tax parcel numbers 181309 - 44003, 41002, 41006 and 41007.
III. Application. The main aspects of this application may be summarized as follows:
(1) The proposed preliminary plat of Powerhouse Villas, Phase 1, would sub-
divide approximately 10.88 acres of Two - Family Residential (R -2) property into 32 lots
• ranging in size from 5,942 to 20,859 square feet.
(2) The lots would be developed with common wall units, fourplexes and a 0.36 -
acre private park maintained by a homeowners association or other private entity. Table
4 -1 of the UAZO provides that the fourplexes which would be located on six of the lots at
a density of 8 to 12 dwelling units per net residential acre and the park are Class (2) uses
in the R -2 zoning district. If the preliminary plat and the fourplexes are approved, the
fourplexes would be located on Lots 1 through 5 and Lot 10 of the preliminary plat.
IV. Notices. Notices of the April 23, 2009, public hearing were provided in accordance
with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code
(YMC), in the following manner:
Posting of Land Use Action Sign on the Property: March 31, 2009
Mailing of Notice of Hearing: April 1, 2009
Publishing of Notice of Hearing: April 1, 2009
Squire Ingham Company 3
• 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase 1"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
V. Environmental Review. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance (MDNS) on July 29, 2008, which contains 10
mitigation measures and which became final without an appeal.
VI. Transportation Concurrency. Transportation Capacity Analysis was completed
on July 16, 2008, which concluded that this development will not exceed the PM peak
hour capacity of the City's arterial street system and that reserve capacity exists on all
streets impacted by this development.
VII. Zoning and Land Use. The zoning of the property within the proposed
preliminary plat is Two - Family Residential (R -2). The adjacent properties have the
following characteristics:
Direction Zoning Land Use
North N/A Highway 12
South Two - Family Residential (R -2) Vacant
West Two - Family Residential (R -2) Vacant/Orchard
East Two - Family Residential (R -2) Single- Family Residences
East Multi - Family Residential (R -3) Mobile Home Park
VIII. Development Services Team. Comments from the Development Services
Team meetings of May 21, 2008, and March 4, 2009, and from public agencies with an
interest in this development were as follows:
(1) Code Administration: Common wall properties are required to have a
complete separation between them with a fire rating of not less than one hour, per the
Squire Ingham Company 4
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat •
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
O
2006 International Residential Code (IRC), Sections 317.1 and 317.2. This shall be
continuous including a foundation and proceeding uninterrupted to the underside of the
roof deck. Plan review, permits and inspections are required prior to occupancy per 2006
IRC Section 105. Preliminary addressing is as follows:
Lot 1 1201 N 49 Ave #1-4 Lot 16 5001 Oak St
Lot 2 1203 N 49 Ave #1-4 Lot 17 4909 Oak St
Lot 3 1205 N 49 Ave #1-4 Lot 18 4907 Oak St
Lot 4 1207 N 49 Ave #1-4 Lot 19 4905 Oak St
Lot 5 4901 Sycamore St #1 -4 Lot 20 4903 Oak St
Lot 6a 4903 Sycamore St Lot 21 4902 Oak St
Lot 6b 4905 Sycamore St Lot 22 4904 Oak St
Lot 7a 4907 Sycamore St Lot 23 4906 Oak St
Lot 7b 4909 Sycamore St Lot 24 4908 Oak St
III Lot 8 5001 Sycamore St Lot 25 4910 Oak St
Lot 9 1301 N 51 Ave Lot 26 .4912 Oak St
Lot 10 1302 N 51 Ave #1-4 Lot 27 4914 Oak St
Lot 11 5008 Sycamore St Lot 28 4916 Oak St
Lot 12 5006 Sycamore St Lot 29 5002 Oak St
Lot 13 5004 Sycamore St Lot 30 5004 Oak St
Lot 14 5002 Sycamore St Lot 31 5006 Oak St
Lot 15 5003 Oak St Lot 32 5008 Oak St
(2) Surface Water Engineer: Complete stormwater design plans, specifications
and runoff /storage calculations supporting the stormwater design are required pursuant to
the Eastern Washington Stormwater Manual and City of Yakima standards. These plans
and control measures must be reviewed and approved by the City of Yakima Surface
Water Engineer prior to construction. In accordance with Chapter 2, Section 2.4, of the
Squire Ingham Company 5
0 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase P"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
December 2006 edition of the Department of Ecology's Guidance for UIC Wells that
Manage Stormwater, Publication Number 05 -10 -067, Underground Injection Control
(UIC) wells constructed on or after February 3, 2006 are considered new and must be
registered with the Department of Ecology (DOE) prior to construction. Therefore, if
UIC wells are used in the drainage design, the UIC wells must be registered with DOE
and a copy of the DOE UIC Well registration form and the DOE issued UIC well
registration number for each well shall be delivered to the City of Yakima's Surface
Water Engineer before final plat approval shall be granted.
(3) Engineering Division: Title 12 will require full frontage improvements along
Powerhouse Road, with curb, gutter and 7- foot -wide sidewalks. Public sewer and
waterlines are required to serve all lots proposed and be placed in appropriate public
access streets or easements for future maintenance. Local access streets will be built to
city standards with curb, gutter and 5- foot -wide sidewalks.
(4) Traffic Engineering: This project was reviewed and approved on July 16,
2008, for consistency with YMC 12.08 Transportation Capacity Management Ordinance.
This development will not exceed the PM peak hour capacity of the City Arterial street
system and reserve capacity exists on all impacted streets. This review does not include •
any site development or safety issues which may be discussed at the project level or
SEPA review. The review does not address intersection level of service.
(5) Water Division: Waterlines are required to be extended throughout the new
development. Location and sizing will be determined at the time of formal plan review.
There is an existing fire hydrant located at Ford Road and Powerhouse Road and one
located at the west end of the system just west of Cowiche Creek. All new fire hydrants/
locations and new fire sprinkler services will be determined by Codes and the Fire
Department. A 16 -foot public waterline easement is required for all existing and
proposed public waterline facilities that are located on private property. Connection and
service installation charges are dependent on the size of meters /services required for each
lot. All water service, fire hydrant and water main connection installations will be done
by the City of Yakima. The site plan needs to clearly indicate the size and location of
existing and proposed utilities. Waterlines in Phase 1 need to be looped throughout the
new development and back to the existing waterline in Powerhouse Road. At the time of
the Phase 4 development, the new waterline needs to be looped to the existing 16 -inch
waterline along the eastern property line.
Squire Ingham Company 6
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat •
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
0
(6) Wastewater Division: Phase 1 and 2 of the proposed project shall be served
by gravity -sewer using the existing 15 -inch pipe within Powerhouse Road east of the
proposed project by extending it to the southeast property edge of its parcel 181309-
44003. As a result, sewer is to be extended to adjoining or nearby parcels (181309-
44007, 181309- 44008, 181310- 33004, 181310- 33005, and .181310- 33006) in accordance
with YMC § 12.03.020. Approval of this development (Phase 1) will be based on all
phases of the development in order to provide sewer to Phases 3 and 4. It appears that
there is enough elevation drop to serve Phases 3 and 4 by gravity- sewer. If these
elevations are verified, the extension of a 15 -inch sewer line will be required somewhere
along and parallel to State Highway 12 connecting into City Manhole 62 within
Powerhouse Road just west of Fred Meyer. This eliminates the need for any new lift
stations and provides gravity -sewer to serve the mobile home park and parcels to the east.
This will require the applicant to coordinate efforts with the property owners of such
parcels. The installation of this 15 -inch sewer line will be required to be extended to the
most northern and western edge of the property line of parcel 181309 -41006 just below
the existing pond along State Highway 12. Elevations must allow connection of a future
0 sewer line from this point into the future Cowiche /Powerhouse Road and Sewer Project.
Wastewater connection charges shall apply. However, such sewer extensions not only
satisfy YMC § 12.03.020, but also qualify the applicant for a waiver of the "actual
collection" element of the wastewater connection charges as well as "actual trunkage."
(7) Parks and Recreation Division. Parks and Recreation would not be excited
about this proposed 0.36 -acre public park. The City has 330 acres of park land. There
are neighborhoods with small islands of green space scattered throughout. The islands
greatly enhance the neighborhood, but have to be irrigated, mowed weekly, fertilized and
sprayed for weeds. They are a time - consuming maintenance task and provide little
benefit for the residents of the City (except those who live there) who pay for that
maintenance with their property taxes. It is suggested that it would be more appropriate
to form a neighborhood association to oversee the care and maintenance of these spaces.
(8) Fire and Life Safety Division: The plans indicate 40- foot -wide driveways
about 140 feet in length. The length does not require a turn- around radius. The width is
approved for fire fighting practices. 2006 IFC § 503.2.3 requires that fire apparatus
access roads shall be designed and maintained to support the imposed loads or fire
apparatus and shall be surfaced so as to provide all weather driving capabilities.
Squire Ingham Company 7
0 5200 Block W. Powerhouse Rd.
•
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase P"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
(9) Department of Archaeology and Historic Preservation (DAHP): The area has
the potential for archaeological resources. There are three previously recorded
archaeological sites within 0.3 miles of the Powerhouse Villas project area. The project
area is in the vicinity of Cowiche Canyon and Cowiche Creek which have been used by
native groups for thousands of years. There is a high probability for archaeological
resources in the project area that are as of yet unidentified. One of the above - mentioned
sites within 0.3 miles of the project area is a pictograph site which has been determined
eligible for listing in the National Register of Historic Places. Other such sites may exist
within the project area. The scale of the proposed ground disturbing actions would
destroy any archaeological resources present. Identification during construction is not a
recommended detection method because inadvertent discoveries often result in costly
construction delays and damage to the resource. It is recommended that a professional
archaeological survey of the project area be conducted prior to ground disturbing
activities. Consultation with the concerned Tribes' cultural committees and staff
regarding cultural resources issues is also recommended.
(10) Yakama Nation: The Yakama Nation has reviewed the application and has
concerns regarding the potential impact on cultural /archaeological sites which may be
present. Those concerns are focused on the development taking place in an area which
the Yakama Nation, views as having a high potential for such sites. The location of the
proposed development is in an area that Yakama elders and informants have noted the
presence of burials and village sites. It also occurs in the vicinity of known pictographs
(DAHP Site #YA00086). Given this, the Yakama Nation recommends that the subject
property at a minimum be professionally surveyed for cultural /archaeological resources.
Should sites be located on the property, they would be subject to Washington State law
which protects such sites (RCW § 27.53.060).
(11) Department of Ecology: Regarding water resources, the water purveyor is
responsible for ensuring that the proposed use(s) are within the limitations of its water
rights. If the proposal's actions are different than the existing water right (source,
purpose, place of use or period of use), then it is subject to approval from DOE pursuant
to RCW sections 90.03.380 and 90.44.100. If water will be used for dust suppression at
the site, it is necessary to have a legal right. A water right permit is required for all
surface water diversions that will exceed 5,000 gallons per day. Regarding water quality,
an NPDES Construction Stormwater General Permit from DOE is required if there is a
potential for stormwater discharge from a construction site with more than one acre of
Squire Ingham Company 8
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat •
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
/
•
disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated
activities including building, road construction and utility placements. Obtaining a
permit is a minimum of a 38 -day process and may take up to 60 days if the original SEPA
does not disclose all proposed activities. The permit requires that a Stormwater Pollution
Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all
permitted construction sites. These control measures must be able to prevent soil from
being carried into surface water (this includes storm drains) by stormwater runoff. Permit
coverage and erosion control measures must be in place prior to any clearing, grading or
construction.
(12) Washington State Department of Transportation (WSDOT): The project site
is adjacent to U.S. Highway 12. US 12, including the ramps, is a fully- controlled limited
access highway. No direct access to US 12 will be allowed. The applicant indicates that
approximately 500 vehicle trips per day will be generated by Phase 1 of this proposal.
The ITE Trip Generation Manual estimates that the 52 units in Phase 1 would generate 53
trips in the PM peak hour. Stormwater and surface runoff generated by this project must
be retained and treated on site in accordance with regulating agencies' standards, and not
• allowed to flow onto WSDOT rights -of -way. Since the project site is adjacent to US 12,
for the safety and security of US 12, the proponent will need to construct a minimum six -
foot -tall solid barrier fence on the US 12 property line. Any proposed lighting should be
directed down towards the site, and away from US 12. Any outdoor advertising or
motorist signing for this project will need to comply with State criteria.
(13) Yakima Regional Clean Air Agency (YRCAA): Contractors doing
demolition, excavation, clearing, construction or landscaping work must file a Dust
Control Plan with YRCAA prior to the start of construction.
IX. Jurisdiction. Sections 1.43.080, 14.05.050 and 14.20.100 of the Yakima Municipal
Code (YMC) provide that the Hearing Examiner shall hold a public hearing and submit a
recommendation to the City Council relative to the subdivision criteria listed in YMC
14.20.100 and in RCW 58.17. Subsections 15.14.040 and 15.15.040 provide that the
Hearing Examiner shall hold a public hearing and prepare written findings, conclusions
Squire Ingham Company 9
0 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
and a decision relative to the zoning ordinance criteria for Class (2) uses referred for
Class (3) review. Since the proposal was submitted for review on April 16, 2008, the
subdivision, zoning and comprehensive plan provisions in effect at that time apply to this
proposal.
X. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that
the Hearing Examiner shall review a proposed preliminary plat during an open record
public hearing to inquire into and determine whether or not the following standards are
satisfied:
(1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: The proposed preliminary plat would be consistent
with the intent of the Two - Family Residential (R -2) zoning district set forth in Subsection
15.03.030(3)(b) of the Urban Area Zoning Ordinance (UAZO) which is to locate •
residential development with densities up to 12 dwelling units per net residential acre in
areas receiving a full range of public services including public water and sewer service,
and police and fire protection. The proposed preliminary plat would also be consistent
with the density requirements and with the following minimum development
requirements set forth in Chapter 15.05 of the UAZO that must be met to assure land use
compatibility and promote the public health, safety and welfare:
(a) Density Requirements: The proposed subdivision meets R -2 densities
for the common wall lots. The proposed fourplex lots are at a density which
requires Class (2) review. Multi- family structures ranging from 8 to 12 DU/NRA
are permitted uses in the R -2 zoning district, subject to Class (2) review. The
smallest of the proposed fourplex lots is 0.26 acres, which can support 4 dwelling
units if they satisfy the criteria for approval of Class (2) uses.
(b) Lot Coverage: The maximum lot coverage allowed in the R -2 zoning
district is 50 percent. This standard is intended to provide areas for landscaping
and recreation (YMC § 15.05.020(C), Table 5 -2).
Squire Ingham Company 10
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase P"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
(c) Lot Size: The minimum lot size in the R -2 zoning district for common
wall properties i$ 4,000 square feet (YMC Ch. 15.05, Table 5 -2). The applicant
proposes lots ranging in size from 5,942 to 20,859 square feet, which meets this
standard.
(d) Lot Width: The minimum lot width behind the required front yard
setback in the R -2 zoning district is 50 feet. However, common wall properties
are allowed a minimum lot width of 35 feet in the R -2 zone (YMC Ch. 15.05,
Table 5 -2). All proposed lots meet this standard.
(2) Subsection 14.20.100(2) -- Consistency with the provisions of the
Comprehensive Plan: The Urban Area Comprehensive Plan Future Land Use Map
designates the subject property as suitable for Medium Density Residential development.
The Medium Density Residential designation is characterized by a mixture of single -
family detached residences and duplexes with a variety of other housing types at a
residential density ranging between 7.0 and 11 dwelling units per acre. The following
goals, policies, and objectives apply to this preliminary plat application:
• (a) Goal G1.4: Ensure that new development in the urban area enhances
the "quality of life" within the urban area and that any environmental problems
that arise from such development are corrected by the developer through the
enforcement of subdivision controls and regulation.
(b) Policy G4.2: New urban development should be encouraged to be
contiguous to existing development to avoid the inefficient "leap- frog" pattern of
growth.
(c) Policy G4.5: Subdivisions shall be integrated into the collector and
arterial street system.
(d) Policy G4.6: All utilities for new development shall be mapped and
approved prior to installation.
(e) Objective H3.9: Encourage housing design and siting to be compatible
with surrounding neighborhoods.
(f) Objective L2: Establish a pattern of development that supports a sense
of community.
Squire Ingham Company 11
• 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase P"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
(g) Objective T3: Consider traffic safety and congestion in the design and
site layout of new development.
(h) Policy T3.5: New development shall be required to dedicate adequate
street rights -of -way for public streets as specified by urban standards.
(3) Subsection 14.20.100(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance ": This preliminary subdivision indicates that
all lots will have access upon a public street, will be provided with all necessary public
utilities, will exceed the minimum lot size for the R -2 zoning district of 4,000 square feet
for common wall units and 5,000 square feet for fourplex units, and will meet or exceed
the minimum lot width of 35 feet as measured at the rear of the required front yard
setback. This review and the recommended conditions are intended to ensure consistency
with the provisions of the City's subdivision ordinance which are more specifically
addressed in the following sections.
(4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health,
safety and general welfare: The construction of new residential units which will
complement adjacent uses will make appropriate provisions for the public health, safety •
and general welfare insofar as there is a need in this community for residences and
insofar as this proposed preliminary plat would be required to comply with all applicable
City development standards, all mitigation measures in the SEPA MDNS and all
conditions of approval specified by the City Council.
(5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: One
of the amenities featured in this proposal is its provision for a 0.36 -acre park. That
feature, together with lot coverage of 50% or less on the lots proposed for this
preliminary plat, will provide light, air and privacy for future residents sufficient to
constitute appropriate provisions for open spaces.
(6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
An NPDES Construction Stormwater General Permit from the Department of Ecology is
required. Complete stormwater management and drainage design plans, specifications
and calculations must be submitted pursuant to the Eastern Washington Stormwater
Manual and the City of Yakima Stormwater Management Guide. Any underground
injection wells shall be registered with the Department of Ecology. On -site drainage will
Squire Ingham Company 12
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat •
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
be permitted by methods to be reviewed and approved by the City. SEPA MDNS
Mitigation Measures #2 and #3 contain these requirements and they are also repeated in
the recommended preliminary plat conditions. The proposed preliminary plat in these
ways makes appropriate provisions for drainage ways.
(7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: SEPA MDNS Mitigation Measure #5 requires Title 12
full frontage improvements along the frontage of Powerhouse Road and interior access
streets to be built to Title 12 standards. A recommended condition is more specifically
that the developer shall install or bond for all street frontage improvements which
include: 1) a five - foot -wide sidewalk, curb, gutter, residential approaches and streetlights
along the new local access streets; 2) seven - foot -wide sidewalks, curb, gutter and
streetlights along the frontage of Powerhouse Road; and 3) asphalt paving, as specified
by the City of Yakima Engineer, under YMC Ch. 12.05 thru 12.06. These conditions will
make appropriate provisions for streets and other public ways.
(8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops:
• Appropriate provisions will be made for additional transit stops for this development as
the need arises.
(9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: All lots will be served with public
domestic water and water for fire protection purposes by the City of Yakima through
waterlines extended and looped throughout the proposed subdivision in accordance with
the City's Title 12 standards. Such improvements will constitute appropriate provisions
for water for the development.
(10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There will be appropriate provisions for sanitary waste disposal for the
proposed preliminary plat in the form of public sewer service provided in accordance
with the City of Yakima's Title 12 standards. No septic systems or other method of
sewage disposal will be allowed. Civil Engineered design plans for sanitary sewer must
be submitted and approved by the City of Yakima Engineer and installed or bonded for
prior to recording of the final plat in accordance with YMC Ch. 12.03. Phases 1 and 2 of
the proposed project will be served by gravity -sewer using the existing 15 -inch pipe
Squire Ingham Company 13
• 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
within Powerhouse Road by extending it to the southeast property edge of parcel 181309-
44003. Approval of Phase 1 is based on all phases of development. There appears to be
enough elevation drop to serve Phases .3 and 4 by gravity- sewer. If these elevations are
verified, the extension of a 15 -inch sewer line will be required somewhere along and
parallel to State Highway 12 connecting into City Manhole 62 within Powerhouse Road
just west of Fred Meyer. Wastewater connection charges shall apply. The applicant will
receive a waiver of the "actual collection" element and "actual trunkage" element of the
connection charge. These measures make appropriate provisions for sanitary waste
disposal.
(11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: Appropriate provisions for parks and recreation areas for this proposed
preliminary plat exist due to the 0.36 -acre park within the plat and the proximity of
Chesterley Park within about 3 /4 of a mile of the preliminary plat.
(12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds:
Appropriate provisions for playgrounds also exist within this proposed preliminary plat
due to the 0.36 -acre park within the development and the proximity of Chesterley Park •
located about 3 /4 of a mile east of the proposed preliminary plat.
(13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and
school grounds. The nature of this development, the existence of Gilbert Elementary
School about 1.25 miles away, the existence of Robertson Elementary School about 1.6
miles away and the absence of comments from the School District to suggest that this
preliminary plat will lack appropriate provisions for schools and school grounds satisfy
this requirement.
(14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks:
Since the proposed plat would have sidewalks along its frontage on a public street and
will have interior sidewalks along its interior streets in accordance with the City's Title
12 requirements, the proposed plat will make appropriate provisions for sidewalks.
(15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning
features that assure safe walking conditions for students who walk to and from
school: There was no evidence presented at the hearing of a need for other planning
Squire Ingham Company 14
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
1111
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
0
features to be provided within this preliminary plat in order to make appropriate
provisions for safe walking conditions for students who walk to and from school.
(16) Subsection 14.20.100(5) — Public use and interest: The evidence indicated
that this proposed preliminary plat, as conditioned, would be consistent with neighboring
land uses and would help serve the residential needs of this area. With the recommended
conditions, it will comply with the City's zoning ordinance, subdivision ordinance and
comprehensive plan. It will also make appropriate and adequate provisions for the public
health, safety and general welfare, open spaces, drainage ways, streets, transit stops,
potable water, sanitary waste disposal, parks and recreation, playgrounds and sidewalks,
and is in a location where additional provisions for schools or for additional planning
features for students who walk to and from school have not been recommended or
deemed necessary.
XI. Criteria for Approval of Class (2) Uses through Class (3) Review. The
0 criteria for approval of Class (2) uses set forth in Subsection 15.04.020(2) of the UAZO
are the same as the criteria for Class (3) uses set forth in Subsection 15.04.020(3) of the
UAZO — compatibility with the intent and character of the district and the polices and
development criteria of the Yakima Urban Area Comprehensive Plan. The difference
between the types of uses set forth in those subsections is that a Class (2) use is
"generally permitted in the district" and a Class (3) use is "generally not permitted in the
district." Fourplexes and parks are Class (2) uses in the R -2 zoning district that are
generally permitted. They are only being reviewed under the Class (3) public hearing
review process here because they are a part of the proposed preliminary plat which
requires Class (3) review. The Hearing Examiner's findings and conclusions are
therefore required to set forth specific reasons and ordinance provisions demonstrating
that his decision satisfies the following requirements set forth in Subsections
1
Squire Ingham Company 15
• 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
15.04.020(2) 15.04.020(3) and 15.15.040(5) of the Urban Area Zoning Ordinance
(UAZO):
(1) Compliance and Compatibility with the Objectives and Development
Criteria of the Comprehensive Plan. The proposed Class (2) fourplexes are compliant
and compatible with the comprehensive plan insofar as they provide for a variety of
housing types other than single - family and two- family residences at a residential density
ranging between 7.0 and 11 dwelling units per acre. They are compliant and compatible
with Policy G4.2 insofar as new urban development should be encouraged to be
contiguous to existing development to avoid the inefficient "leap- frog" pattern of growth.
They are compliant and consistent with Objective L2 insofar as they will establish a
pattern of development that supports a sense of community. Considering the testimony
of residents living in a single - family residence to the northeast of the proposed
preliminary plat, the Examiner has added a recommended condition that a fence be
constructed between the single - family residences to the east of the preliminary plat and
the fourplexes along the east side of the preliminary plat. With that condition imposed,
the fourplexes are compliant and compatible with Objective H3.9 which is to encourage
housing design and siting to be compatible with surrounding neighborhoods. The park is
compliant and compatible with comprehensive plan Goal G1.4 which is to ensure that
new development in the urban area enhances the "quality of life." The fourplexes being
located near the park will provide compatible infill and affordable housing options.
(2) Compliance and Compatibility with the Intent and Character of the Two -
Family Residential (R -2) Zoning District. The proposed fourplexes and park will be
compliant and compatible with the intent and character of the R -2 zoning district to locate
residential development with densities up to 12 dwelling units per net residential acre in
areas receiving a full range of public services including public water and sewer service,
and police and fire protection (Subsection 15.03.030(3)(b) of the UAZO). The proposed
fourplexes and park would also be compliant and compatible with the minimum
development requirements set forth in Chapter 15.05 of the UAZO that must be met to
assure land use compatibility and promote the public health, safety and welfare. Finally,
the recommended condition of six - foot -high view - obscuring fencing between the
fourplexes and the adjacent single - family residences to the east will promote the
compatibility of the fourplexes with adjacent uses which are also in the R -2 zoning
district. Since the zoning ordinance declares that Class (2) uses are "generally permitted
Squire Ingham Company 16
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
in the district" and since the evidence does not contain any reason to deviate from that
legislative declaration, the Examiner finds that the proposed Class (2) fourplexes and
park are compliant and compatible with the intent and character of the Two - Family
Residential (R -2) zoning district.
XII. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. 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 items identified in
these conclusions except for issues of code interpretation.
III (1) The type of land use contemplated by the proposal (a residential
development) is permitted on this site so long as it complies with the conditions of the
SEPA Mitigated Determination of Nonsignificance and the conditions imposed by the
Yakima City Council, as well as the regulations of the zoning ordinance, subdivision
ordinance, building codes and other applicable regulations.
(2) The level of development (lot size, contemplated density) would not exceed
the allowable level of development in the Two - Family Residential (R -2) zoning district
since the proposed lot sizes satisfy the zoning ordinance requirements.
(3) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that would be provided at the applicant's
expense would insure that adequate infrastructure and public facilities are available for
the proposed preliminary plat with the proposed Class (2) fourplex and park uses.
(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
with the proposed Class (2) fourplex and park uses which have been discussed in detail
Squire Ingham Company 17
• 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
above. With the MDNS conditions and the additional recommended conditions, the
proposed preliminary plat with the proposed Class (2) fourplex and park uses would be
consistent with the development standards of applicable City ordinances.
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions:
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of a proposed preliminary plat pursuant to Section 14.20.100 of the
subdivision ordinance.
(2) The Hearing Examiner has jurisdiction to approve Class (2) fourplex and park
uses where, as here, the criteria for approval are satisfied.
(3) Notice of the public hearing of April 23, 2009, was given in accordance with 41)
applicable requirements.
(4) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for
this proposed preliminary plat with lots for six fouplexes and a park on July 29, 2008
which contains required ten mitigation measures that became final without any appeal.
(5) With the recommended conditions, the proposed preliminary plat of
Powerhouse Villas, Phase 1, is in compliance with the City's 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 schoolgrounds or additional
planning features that assure safe walking conditions for students who only walk to and
from school; and serves the public use and interest.
(6) With the recommended conditions, the proposed Class (2) fourplex and park
uses satisfy the criteria for approval of Class (2) uses.
Squire Ingham Company 18
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat •
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
(7) This proposed preliminary plat and the proposed Class (2) fourplex and park
uses are in compliance with the consistency requirements of Subsection 16.06.020(B) of
the Yakima Municipal Code.
(8) The Hearing Examiner's decision approving the fourplexes on Lots 1 through
5 and Lot 10 and the park contingent upon the City Council's approval of the proposed
preliminary plat is subject to appeal to the Yakima City Council within the timeframe and
in the manner prescribed by applicable ordinance provisions.
RECOMMENDATION AND DECISION
The Hearing Examiner recommends to the Yakima City Council that the proposed
32 -lot preliminary plat of Powerhouse Villas, Phase 1, be APPROVED and, contingent
0 upon approval of this preliminary plat, APPROVES the Class (2) uses of fourplexes on
n of a park as shown on said preliminary plat, all in
Lots 1 through 5 and Lot 10 and o p p ry p,
accordance with the application and related documents submitted for file numbers PLP
#005 -08, CL(2) 019 -08 and EC #024 -08, subject to compliance with the requirements of
the Subdivision Ordinance, Urban Area Zoning Ordinance, Development Standards
Ordinance and Traffic Concurrency Ordinance, as well as the conditions of the final
SEPA MDNS and of this recommendation discussed above, the most significant of which
are again outlined and summarized below as follows:
(1) A current title certificate shall be submitted to the City of Yakima,
Department of Community and Economic Development, consisting of a report listing all
parties having an interest in the "land" to be divided and a legal description of the "land."
(2) The developer shall dedicate and develop the street right -of -way necessary for
the development of the Preliminary Plat of Powerhouse Villas, Phase I (YMC Ch. 12.06).
Squire Ingham Company 19
® 5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
(3) The developer shall install or bond for all street frontage improvements within
the Plat of Powerhouse Villas Phase I which include: 1) A five- foot -wide sidewalk, curb,
gutter, residential approaches and streetlights along the new local access streets; 2)
seven - foot -wide sidewalks, curb, gutter and streetlights along the frontage of Powerhouse
Road; and 3) asphalt paving, as specified by the City of Yakima Engineer, under YMC
Ch. 12.05 thru 12.06.
(4) Civil Engineered design plans for sanitary sewer shall be submitted and
approved by the City of Yakima Engineer and installed or bonded for prior to recording
of the final plat in accordance with YMC Ch. 12.03.
(5) Phases 1 and 2 of the proposed project shall be served by gravity -sewer using
the existing 15 -inch pipe within Powerhouse Road by extending it to the southeast
property edge of parcel 181309- 44003.
(6) Approval of Phase 1 is based on all phases of development. It appears that
there is enough elevation drop to serve Phases 3 and 4 by gravity- sewer. If these •
elevations are verified, the extension of a 15 -inch sewer line will be required somewhere
along and parallel to State Highway 12 connecting into City Manhole 62 within
Powerhouse Road just west of Fred Meyer.
(7) Wastewater connection charges shall apply. The applicant shall receive a
waiver of the "actual collection" element and "actual trunkage" element of the connection
charge.
(8) Complete stormwater design plans, specifications and runoff /storage
calculations supporting the stormwater design are required pursuant to , the Eastern
Washington Stormwater Manual and City of Yakima standards. These plans and control
measures must be reviewed and approved by the City of Yakima Surface Water Engineer
prior to construction. UIC wells, if used, shall be registered with DOE.
(9) A six - foot -tall solid view - obscuring barrier fence shall be constructed on the
property line adjacent to US 12 and behind Lots 1 through 5 where the fourplexes will be
located adjacent to single - family residences. The fencing along the Naches & Cowiche
Squire Ingham Company 20
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat •
"Powerhouse Villas, Phase P"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
•
Canal shall be constructed no closer to the canal than permitted by the canal company.
The requisite fencing shall be shown on the face of the final plat, and shall be maintained
by the same homeowners association or other entity that is established to maintain the
private park.
(10) Given the project location and its proximity to known archaeological sites,
the developer shall conduct a professional survey for cultural /archaeological resources
prior to site preparation and development.
(11) All domestic water for this development shall be installed to City of Yakima
standards (YMC Ch. 12.04). Waterlines are required to be extended and looped
throughout the proposed subdivision.
(12) This Plat lies within the Naches & Cowiche Canal Company service area and
therefore "Irrigation Approval" shall be shown on the face of the Long Plat in accordance
with YMC § 14.20.200(0).
® (13) Erosion control measures shall be installed and in place prior to clearing,
grading or construction in accordance with the Washington State Department of
Ecology's Erosion Sediment Control Plan regulations.
(14) A construction dust plan shall be filed with, and approved by, the Yakima
Regional Clean Air Agency.
(15) Eight- foot -wide utility easements must be dedicated along the frontage of
each lot in the subdivision (YMC § 12.02.020). 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.
(16) The proposed private park shall be operated and maintained in perpetuity by
the property owner(s) through a homeowners association or other applicable means. A
note to that effect shall be placed on the face of the final plat. The final plat shall also
show that the park is a private park rather than a City park.
Squire Ingham Company 21
® 5200 Block W. Powerhouse Rd.
32- Lot Preliminary Plat
•
"Powerhouse Villas, Phase I"
PLP #005 -08; CL(2) #019 -08; EC #024 -08
(17) All addresses shall be as specified in the findings of this decision and must
be clearly shown on the face of the final plat. In addition, the following note shall be
placed upon the face of the final plat:
"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.
(18) The Final Plat shall contain all requirements of YMC § 14.20.200 along with
all applicable conditions.
DATED this 7 day of May, 2009.
Gary M. Cuillier, Hearing Examiner
Squire Ingham Company 22
5200 Block W. Powerhouse Rd.
32 -Lot Preliminary Plat
"Powerhouse Villas, Phase P"
PLP #005 -08; CL(2) #019 -08; EC #024 -08