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HomeMy WebLinkAboutR-2024-050 Resolution to consider the Hearing Examiner's recommendation regarding the preliminary plat of Marylyn Place submitted by WM Real Property Holdings, located in the vicinity of Ahtanum Rd & S 58th Ave RESOLUTION NO. R-2024-050 A RESOLUTION approving the Preliminary Long Plat of Marylyn Place, an 83-lot subdivision, located in the vicinity of Ahtanum Rd. & S. 58th Ave. WHEREAS, on January 11, 2024, the City of Yakima Urban Area Hearing Examiner ("Hearing Examiner") held an open-record public hearing to consider the application for a Preliminary Long Plat known as "Marylyn Place," submitted by WM Real Property Holdings, LLC (PLP#001-23, SEPA#009-23, CAO#021-23); and WHEREAS, on January 25, 2024, 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 March 19, 2024, 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. 1 ADOPTED BY THE CITY COUNCIL this 19th day of March, 2024. � / Patricia Byers, Mayor ATTEST: s 1nMA `%, f AL • % Brandyet A B dford, De'ut CityClerk 't��W4SHING p Y �NN`N„, 2 INV ■111410\ DEPARTMENT OF COMMUNITY DEVELOPMENT " Joan Davenport, AICP, Director ,'`_ PlanningDivision CITaYI Plnnng Joseph Calhoun, Manager EXHIBIT A 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: January 29, 2024 TO: Applicant, Adjoining Property Owners and Parties of Record SUBJECT: Notice of the Hearing Examiner's Recommendation FILE #(S): PLP#001-23, SEPA#009-23, & CAO#021-23 APPLICANT: HLA Engineering & Surveying on behalf of WM Real Property Holdings LLC PROJECT LOCATION: Vicinity of Ahtanum Rd. & S. 58th Ave. On January 25, 2024, the City of Yakima Hearing Examiner rendered their recommendation on PLP#001-23, SEPA#009-23, & CAO#021-23, a preliminary long plat to subdivide approximately 22.1 acres into 83 single-family residential lots, located in the R-2 zoning district and partially within the floodplain. The application was reviewed at an open record public hearing held on January 11, 2024. Enclosed is a copy of the Hearing Examiner's Recommendation. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date,time and place of the public hearing. For further information or assistance, you may contact Senior Planner, Eric Crowell at (509) 575-6736 or email: eric.crowell@yakimawa.gov Eva Rivera Planning Technician Date of Mailing: January 29, 2024 Enclosures: Hearing Examiner's Recommendation Yakima Y M.CM 2015 1994 • CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION .January 25, 2024 In the Matter of a Preliminary Long Plat ) Application Submitted by: ) ) PLP#001-23 WM Real Property Holdings, LLC ) CAO#021-23 ) SEPA#009-23 For an 83-Lot Single-Family Residential ) Preliminary Long Plat on 22.19 Acres in ) The Vicinity of South 58`h Avenue and ) Ahtanum Road in the R-2 Zone to be ) Known as the "Plat of Marylyn Place" ) A. Introduction. The preliminary findings relative to the hearing process for this matter are as follows: (1) The Hearing Examiner conducted an open record public hearing for this application on January 11, 2024. (2) The Planning Division staff report which recommended approval of this preliminary long plat subject to enumerated conditions was presented by Senior Planner Eric Crowell. The applicant's representatives for this application, Colleda Monick and Michael Heit, P.E., of HLA Engineering and Land Surveying, Inc., presented testimony in favor of approval of the proposed preliminary plat. (3) Written comments were submitted prior to the hearing by the City's Development Services Team, the Nob Hill Water Association, the Ahtanum Irrigation District, the Yakima County Flood Control Zone District, the Washington State Department of Ecology and the Washington State Department of Archaeological & Historic Preservation, WM Real Property Holdings, LLC 1 RECEIVED Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue IAN 2 5 2024 PLP#001-23/CAO#021-23/SEPA#009-23 WY U`f= YAKIMA PLANNING DIV. (4) No other testimony or written comments were submitted at or before the open record public hearing. This Recommendation has been submitted to the Planning Division within 10 business days of the public hearing. B. Summary of Recommendation. "f he Hearing Examiner recommends approval of this proposed Preliminary "Plat of Marylyn Place" 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 January 10, 2024; the staff report, exhibits, testimony and other evidence presented at the open record public hearing conducted on January 11, 2024; 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/property owner is WM Real Property Holdings, LLC, 2550 Borton Road, Yakima, WA 98903. The representatives of the applicant/property owner for this proposal who testified at the hearing are Colleda Monick and Michael Heit, P.E., of HLA Engineering and Land Surveying, Inc., 2803 River Road, Yakima, WA 98902. II. Location. The location of the proposed preliminary plat is north of Ahtanum Road in the vicinity of South 58th Avenue and Ahtanum Road south of the Plat of Anderson WM Real Property Holdings, LLC 2 RECEIVED Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue JAN 2 5 2024 P L P#001-23/C A O#021-23/S E PA#009-23 CITY OF YAKIMA PLANNING DIV, Park Phase 4. The Yakima County Assessor's Parcel Numbers of the site are 181204- 23005 and 181205-14402. III. Applications. The application for a 22.19-acre 83-lot Preliminary Long Plat (PLP) was received on September 21, 2023, and deemed complete for processing on November 16, 2023. The Preliminary Long Plat application and related applications for Critical Areas Ordinance (CAO) Review and State Environmental Policy Act (SEPA) Review are being processed under Yakima Municipal Code (YMC) Chapter 14.20 for Subdivisions, Chapter 15.27 for Critical Areas and Chapter 6.88 for SEPA Review. IV. Jurisdiction. YMC §1.43.080 and §14.20.100 provide that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council regarding preliminary long plats which shall include findings and conclusions based on the record relative to the subdivision criteria listed in YMC §14.20.100(A) and in RCW Chapter 58.17. YMC §1.43.100, YMC 16.03.010(B-D) and YMC 15.04.020(E) provide that applications such as for a Critical Areas Standard Development Permit may be consolidated with related applications to be considered under the highest level of review of the applications. In this case the highest level of review requires a recommendation to the Yakima City Council regarding both the proposed preliminary plat and the requested Critical Areas Standard Development Permit so that the City Council can make the final decision relative to both of the applications. V. Notices. A Notice of Public Hearing for a Preliminary Long Plat (PLP#001-23), Critical Areas Ordinance Review (CAO#021-23) and State Environmental Policy Act WM Real Property Holdings,LLC 3 g E1VEQ Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue PLP#001-23/CAO#021-23/SEPA#009-23 JAN 2 5 2024 t;i I Y Of YAKIMA PLANNING DIV. Review (SEPA#009-23) was provided by posting a Land Use Action Sign on the property on October 11, 2023; by mailing said Notice to the applicant, SEPA agencies and adjoining property owners within 300 feet of the subject parcel on December 13, 2023; and by publishing said Notice in the Yakima Herald-Republic also on December 13, 2023. No comments from neighbors or other members of the general public were received prior to or during the hearing. VI. Comprehensive Plan. The site of the proposed Preliminary "Plat of Marylyn Place" is located within the Mixed Residential Comprehensive Plan designation which provides for areas with a mixture of housing types and densities. The following goals and policies apply to this proposal: Goal 2.3: Preserve and enhance the quality, character, and function of Yakima's residential neighborhoods. Policy 2.3.1: Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. Policy 2.3.2: Preserve and enhance established residential neighborhoods. Specifically: (A) Ensure that new development is compatible in scale, density, and aesthetic quality to an established neighborhood. VII. Zoning and Land Use. The 22.19-acre site is located within the Two-Family Residential (R-2) zoning district and is currently vacant. The main purpose of the Yakima Urban Area Zoning Ordinance (UAZO) in Title 15 of the Yakima Municipal Code (YMC) is to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety and welfare of the present and future inhabitants of the Yakima Urban Area. YMC §15.03.020(C) states that the purpose and intent of the R-2 zoning district is to: WM Real Property Holdings, LLC 4 Preliminary"Plat of Marylyn Place" RECEIVED Ahtanum Road & South 58''Avenue PLP#001-23/CAO#021-23/SEPA#009-23 JAN 2 5 2024 ti;11 Y Of YAKIMMir. PLANNING DIV. (1) Establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses compatible with the intent of this district; and (2) Locate residential development with densities up to twelve dwelling units per net residential acre in areas receiving a full range of public services including public water and sewer service, and police and fire protection. (3) The district is characterized by up to sixty percent lot coverage, access via local access streets and collectors, one- and two-story buildings, some clustering of units, and required front, rear and side yard setbacks. Typical uses in this district are single- family dwellings and duplexes. The density in this district generally ranges from seven to twelve dwelling units per net residential acre. However, development up to eighteen dwelling units per net residential acre may be allowed in accordance with YMC Chapter 15.04, Table 4-1. (4) The zoning and the land uses of the surrounding properties may be described as follows: Direction Zoning Land Use North R-2 and R-3 Residential South R-1 (County), R-2 Residential East R-2 (County) Agriculture, Residential West R-1 (County), R-2 Residential VIII. Environmental Review. This application was required to undergo SEPA State Environmental Policy Act review because it proposes to subdivide a parcel of land into more than 30 single-family lots in the R-2 zoning district and because of the requirement that the application undergo a Critical Areas Review. Notice was mailed on November 16, 2023, and the public comment period ended on November 30, 2023. No comments from neighbors or the general public were received, but the comments from several public agencies will be set forth in this Recommendation. A SEPA Determination of Nonsignificance (DNS) was issued for this proposal by the City's SEPA Responsible Official on December 13, 2023, which was not appealed. WM Real Property Holdings, LLC 5 DECEIVED Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue JAN 2 6' 2024 P LP#001-23/C AO#021-23/S E P A#009-23 t;l l Y OF YAKIMA PLANNING DIV. IX. Transportation Concurrency Ordinance. I he applicant applied for Trans- portation Concurrency (TCO#007-23) on September 21, 2023, and this proposal was approved for Concurrency on January 5, 2024, after Engineering coordinated with Yakima County regarding traffic data for County arterial streets. The development will not exceed the PM peak hour capacity of the City arterial system, and reserve capacity exists on all impacted arterial streets. X. Development Services Team. The following comments were submitted by the Development Services Team which met on October 10, 2023, and by public agencies: (1) Code Administration: The City of Yakima Code Administration comments were as follows: (a) Pursuant to the Chapter 5 of the Washington State Fire Code (WSFC), publicly available fire hydrants will be required along streets spaced at intervals that will provide required fire flow coverage for proposed structures pursuant to WSFC Appendix C. Installation of approved hydrants must be completed prior to final plat approval. (b) These findings are not intended to be an exhaustive review of this proposal. (c) All addresses shall be clearly shown on the face of the Final Plat (RCW 58.17.280). Additionally, a note shall be shown on the face of the Final Plat stating: "The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Code Administration Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance." The following addresses shall be utilized for the created lots: Lot 1 2315 S. 58th Ave. / Lot 29 5702 W. Oak Ave. Lot 57 5807 Woolsey Rd. 5705 W. Larch Ave. Lot 2 5703 W. Larch Ave. Lot 30 5704 W. Oak Ave. Lot 58 5809 Woolsey Rd. WM Real Property Holdings, LLC 6 Preliminary"Plat of Marylyn Place" RECEIVED Ahtanum Road& South 58' Avenue PLP#001-23/CAO#021-23/SEPA#009-23 IAN a LOL4 t;l l Y OF YAKIMA PLANNING DIV. Lot 3 2316 S. 57th Ave. / Lot 31 5706 W. Oak Ave. Lot 59 5811 Woolsey Rd. 5701 W. Larch Ave. Lot 4 2315 S. 57th Ave. / Lot 32 5708 W. Oak Ave. Lot 60 5813 Woolsey Rd. 5609 W. Larch Ave. Lot 5 5607 W. Larch Ave. Lot 33 5710 W. Oak Ave. Lot 61 2403 S. 60th Ave. / 5815 Woolsey Rd. LLot 6 5605 W. Larch Ave. Lot 34 2501 S. 58th Ave./ Lot 62 2401 S. 60th Ave. / 5712 W. Oak Ave. 5814 W. Larch Ave. Lot 7 5606 W. Larch Ave. Lot 35 2503 S. 58th Ave. Lot 63 5812 W. Larch Ave. Lot 8 5608 W. Larch Ave. Lot 36 2406 S. 58th Ave. / Lot 64 5810 W. Larch Ave. 5801 W. Oak Ave. Lot 9 2401 S. 57th Ave. / Lot 37 5803 W. Oak Ave. Lot 65 5808 W. Larch Ave. 5610 W. Larch Ave. Lot 10 2403 S. 57th Ave. / Lot 38 5805 W. Oak Ave. Lot 66 5806 W. Larch Ave. 5609 Woolsey Rd. Lot 11 5607 Woolsey Rd. Lot 39 5807 W. Oak Ave. Lot 67 5804 W. Larch Ave. Lot 12 5605 Woolsey Rd. Lot 40 5809 W. Oak Ave. Lot 68 5802 W. Larch Ave. Lot 13 5604 Woolsey Rd. Lot 41 5811 W. Oak Ave. Lot 69 2400 S. 58th Ave. / 5800 W. Larch Ave. Lot 14 5608 Woolsey Rd. Lot 42 2407 S. 60th Ave. / Lot 70 2401 S. 58th Ave. / 5813 W. Oak Ave. 5704 W. Larch Ave. Lot 15 5610 Woolsey Rd. Lot 43 2405 S. 60th Ave. / Lot 71 5702 W. Larch Ave. 5812 Woolsey Rd. Lot 16 5700 Woolsey Rd. Lot 44 5810 Woolsey Rd. Lot 72 2400 S. 57th Ave. / 5700 W. Larch Ave. Lot 17 5702 Woolsey Rd. Lot 45 5808 Woolsey Rd. Lot 73 2316 S. 58th Ave. / 5801 W. Larch Ave. Lot 18 5704 Woolsey Rd. Lot 46 5806 Woolsey Rd. Lot 74 5803 W. Larch Ave. Lot 19 5706 Woolsey Rd. Lot 47 5804 Woolsey Rd. Lot 75 5805 W. Larch Ave. Lot 20 2405 S. 58th Ave. / Lot 48 5802 Woolsey Rd. Lot 76 5807 W. Larch Ave. 5708 Woolsey Rd. Lot 21 2407 S. 58th Ave. / Lot 49 2404 S. 58th Ave. / Lot 77 5809 W. Larch Ave. 5709 W. Oak Ave. 5800 Woolsey Rd. Lot 22 5707 W. Oak Ave. Lot 50 2402 S. 57th Ave. / Lot 78 2400 S. 60th Ave. / 5701 Woolsey Rd. 5811 W. Larch Ave. Lot 23 5705 W. Oak Ave. Lot 51 5703 Woolsey Rd. Lot 79 2406 S. 60th Ave. Lot 24 5703 W. Oak Ave. Lot 52 5705 Woolsey Rd. Lot 80 2408 S. 60th Ave. WM Real Property Holdings, LLC 7 RECEIVED Preliminary "Plat of Marylyn Place" Ahtanum Road& South 58`h Avenue PLP#001-23/CAO#021-23/SEPA#009-23 1/\N 2 202 J11Y 1F YAKIM PLANNING DIV.. Lot 25 5701 W. Oak Ave. Lot 53 2403 S. 58th Ave. / Lot 81 2410 S. 60th Ave. 5707 Woolsey Rd. Lot 26 5609 W. Oak Ave. Lot 54 2402 S. 58th Ave. / Lot 82 2412 S. 60th Ave. 5801 Woolsey Rd. Lot 27 5610 W. Oak Ave. Lot 55 5803 Woolsey Rd. Lot 83 2414 S. 60th Ave. Lot 28 5700 W. Oak Ave. Lot 56 5805 Woolsey Rd. (2) Engineering: This project proposes that 22.1 acres be developed into 83 new single-family lots at Lower Ahtanum/58th, also known as "Plat of Marylyn Place." The property currently is two vacant parcels. The proposed development will cause increased pedestrian and vehicle traffic without adequate safety precautions for pedestrians. The proposed development has the potential for more frequent trips in and out of the property. Current frontage infrastructure is not adequate enough to handle the new proposed 83 single-family lots. In order to alleviate the resulting impacts from the change in use proposal, the City is requiring the following improvements: (a) YMC 8.60 and 12.05 — New curb, gutter, ADA ramps and 5-foot sidewalk, including associated storm drainage, shall be installed. Street improvements shall conform to standard detail R3. New sidewalks shall be constructed per standard detail R5. (b) YMC 8.64 and 15.06.065 — Residential driveway approaches are required which meet the requirements of this chapter and standard detail R4. Driveway width shall be a maximum of 20 feet. (c) YMC 12.06.020 — Right-of-way — Applicant shall determine adequate dedication of right-of-way for all new/proposed roads. (d) YMC 15.05.040 — Clear vision triangle shall be maintained per this chapter. (e) YMC 12.06.080 — Street lighting — Street lights shall be installed per this chapter. (f) YMC 12.02 — Easements shall be established and maintained per this chapter. WM Real Property Holdings, LLC 8 Preliminary "Plat of Marylyn Place" ;AN 2 20N4 Ahtanum Road& South 58th Avenue PLP#001-23/CAO#021-23/SEPA#009-23 ,;i I Y t YAKIMA PLANNING DIV. (g) YMC 8.72 —An excavation and street break permit shall be obtained for all work within the public right-of-way. (h) Acknowledge that the parcels to the north are prohibiting the floodway and currently are undergoing mitigation measures to correct. An ENG permit is required for all civil work to be performed on site. Professional engineered civil plans with PE stamp shall be submitted for review and approval. All improvements shall be completed prior to Certificate of Occupancy. Traffic generated from development enters and exits on a County road, Ahtanum. I understand the County was notified. Will notify the County to get arterial traffic data to complete the TCO. (3) Surface Water: Surface water comments relative to this proposed preliminary plat are as follows: (a) This very large development will easily pass the one-acre threshold for ground disturbance. Before any ground clearing activities take place, the applicant shall get a Large Project Stormwater Permit. The requirements of a Large Project Stormwater Permit are: (i) Drainage plan(s) and calculations; (ii) Stormwater maintenance agreement and plan; (iii) Proof that the maintenance agreement was recorded in the Yakima County Auditor's Office; (iv) Construction Stormwater Pollution Prevention Plan (SWPPP) which shall be reviewed and approved by the Surface Water Engineer prior to any grading or construction and a Temporary Erosion and Sediment Control (TESC) plan shall be submitted for approval; (v) In lieu of turning in a Construction Stormwater Pollution Prevention Plan, the applicant can satisfy this requirement by obtaining a Construction Stormwater General Permit through the Washington State Department of Ecology and by providing a copy of the signed General Permit to the Surface Water Engineer. (Go to: https://ecology.wa.gov/regulations-permits/permits-certifications/stormwater- general-permits/construction-stormwater-permit for more information on how to apply for the General Permit); (vi) A narrative explaining how Core Elements 1-8 are being satisfied; and (vii) an operation and maintenance plan for the perpetual maintenance of the facilities is now required. (b) Grading and/or building permits shall not be issued without the project site first passing an erosion control inspection. The erosion control measures shown on the TESC plan must be in place prior to any grading. RECEIVED WM Real Property Holdings, LLC 9 Preliminary"Plat of Marylyn Place" Ahtanum Road & South 58th Avenue JAN 2 5 2024 PLP#001-23/CAO#021-23/SEPA#009-23 L Y of Y AKI 7 a PLANNING DIV. (c) 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 completed by a licensed Professional Engineer and then be reviewed and approved by the City of Yakima Surface Water Engineer prior to construction. (d) UIC Registration — Stormwater: In accordance with the August 2019 edition of the Department of Ecology's Stormwater Management Manual for Eastern Washington (SMMEW), 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) 60 days prior to construction. To register your UIC wells, you must go through the Secure Access Washington website. Go to https://secureaccess.wa.gov/ecy/wqwebportal/ to create an account and register your wells. UIC wells that receive polluted runoff shall retain the larger of the 100-year 3-hour and 100-year 24-hour storms and shall be designed for treatment using Table 5.23 of the SMMEW. (e) More information on the Industrial Stormwater General Permit Notice of Intent can be found at https://ecology.wa.gov/Regulations-Permits/Guidance- technical-assistance/Water-quality-permits-guidance/WQ WebPortal-guidance. (4) Wastewater: Sewer is to be extended to site per YMC Title 12 requirements and City of Yakima Engineering Standard Details. Proposed sewer plans will be reviewed per ENG permit requirements. (5) Nob Hill Water Association: Nob Hill Water Association has the capacity to serve a long plat in this area. Engineered drawings will need to be submitted to Nob Hill Water in order for the new water infrastructure to be designed and installed by Nob Hill Water. (6) Ahtanum Irrigation District: Our Board must sign off on the plat for this subdivision. The surveyor will need to provide us with the original Mylar, as well as one copy [emphasis that of the agency], for District signature. As our Board meets once per month, please telephone in advance for meeting dates to avoid delays. (7) Yakima County Flood Control Zone District: The Yakima County Flood Control Zone District comments are as follows: WM Real Property Holdings, LLC 10 Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58`h Avenue P LP#00 1-23/CAO#021-23/SEPA#009-23 AN 4 a .024 PLANNING G DIV (a) The Yakima County Flood Control Zone District (FCZD) attended a meeting with the City of Yakima Planning Division on October 10, 2023. At this meeting, the FCZD raised flood risk related concerns regarding the subject line applications (Marylyn Place). Please find the below comments related to Marylyn Place. (b) 44 CFR 60.3(d)(3) states that communities must prohibit encroach- ments and other development in the floodway, unless certified by an engineer via no-rise certification per YCC 16C.05.36.020. The FCZD recommends a mechanism to inspect and ensure that no unpermitted encroachments or develop- ment occurs in the floodway on the north side of the parcel to comply with YCC and FEMA regulations. Encroachments and other development would include structures such as homes, sheds, fences, etc. We also recommend targeted outreach to the existing landowner(s) as well as potential developers and/or buyers next to the floodway of those development restrictions. (c) This development proposal is subject to the September 2021 LOMR which was approved by both the City of Yakima and Yakima County. We encourage the City and County to continue to cooperatively maintain those LOMR requirements. (d) In the Marylyn Place site plans, there are two roadways leading north that cross generally perpendicular to the floodway. During the 100-year flood event and potentially smaller events, the floodway may become activated causing water over the roadway, which at times would be impassable. FCZD recommends the placement of permanent signage indicating that the roadway may be under water during flooding events. (8) Washington State Department of Ecology: 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 used 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 the 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 WM Real Property Holdings, LLC 11 I ED Preliminary"Plat of Marylyn Place" :IE �FEr Ahtanum Road& South 58`h Avenue PLP#001-23/CAO#021-23/SEPA#009-23 jl N %U 4 ;s l Y OF Y iKIMA PLANNING DIV. 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@ecy.wa.gov. (9) Washington State Department of Archaeology & Historic Preservation: The Department of Archaeology & Historic Preservation comments for its Project Tracking Code 2023-11-07771 are as follows: (a) Our statewide predictive model indicates that there is a high probability of encountering cultural resources within the proposed project area. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construc- tion delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted and a report be produced prior to ground disturbing activities. This report should meet DAHP's Standards for Cultural Resource Reporting. (b) We also recommend that any historic buildings or structures (45 years in age or older) located within the project area are evaluated for eligibility for listing in the National Register of Historic Places on Historic Property Inventory (HPI) forms. We highly encourage the SEPA lead agency to ensure that these evaluations are written by a cultural resource professional meeting the SOI Professional Qualification Standards in Architectural History. (c) Please note that the recommendations provided in this letter reflect only the opinions of DAHP. Any interested Tribes may have different recommen- dations. We appreciate receiving any correspondence or comments from Tribes or other parties concerning cultural resource issues that you receive. (d) Thank you for the opportunity to comment on this project. Please ensure that the DAHP Project Tracking Number is shared with any hired cultural resource consultants and is attached to any communications or submitted reports. Please also ensure that any reports, site forms, and/or historic property inventory (HPI) forms are uploaded to WISAARD by the consultant(s). WM Real Property Holdings, LLC 12 Preliminary"Plat of Marylyn Place" 7 7!VED Ahtanum Road& South 58th Avenue PLP#001-23/CAO#021-23/SEPA#009-23 N 2U24 va ?� lir YAKIMih �N 1~,yr:N:i';', DIV XI. Applicable Subdivision Ordinance and Statutory Provisions. Applicable subdivision ordinance and statutory provisions are as follows: (1) YMC §15.03.020(C): R-2 Zoning District Defined: The purposes of the R-2 zoning district are first to establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses compatible with the intent of this district and also to locate residential development with densities up to twelve dwelling units per net residential acre in areas receiving a full range of public services including public water and sewer service, and police and fire protection. The district is character- ized by up to sixty percent lot coverage, access via local access streets and collectors, one- and two-story buildings, some clustering of units, and required front, rear and side yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in this district generally ranges from seven to twelve dwelling units per net residential acre. However, development up to eighteen dwelling units per net residential acre may be allowed in accordance with YMC Chapter 15.04, Table 4-1. (2) YMC §15.05.030(A): Creation of new lots — Subdivision requirements: Table of Subdivision Requirements: The YMC §15.05.030(A) Table establishes basic develop- ment criteria for lot size and width that must be met when reviewing an application for a new subdivision. For detached single-family dwelling construction in the R-2 zoning district, the required minimum lot size is 6,000 square feet. (3) YMC §15.30.040: Airport Safety Overlay Zones: The subject property is located in Zone 6 of the Airport Safety Overlay, and per YMC §15.30.060, detached single-family dwellings 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. CE1V Et WM Real Property Holdings, LLC 13 Preliminary "Plat of Marylyn Place" ;i`� , /'OO' Ahtanum Road & South 58tI Avenue PLP#001-23/CAO#021-23/SEPA#009-23 ..i!Y OF PLANNING DIV • (5) YMC 15.05.055(1): New development improvement standards: Fire apparatus access roads for one-, two- or multi-family residential developments shall be subject to the provisions of Sections D106 and D107, respectively, of Appendix D of the applicable International Fire Code. Additionally, such residential developments shall be subject to the requirements of Section D105 of Appendix D of the applicable International Fire Code pertaining to aerial fire apparatus roads, as applicable. All other applicable provisions of the International Fire Code, as now existing or as hereafter amended and adopted by the City, are required. Minimum requirements for the primary and secondary access will be at least twenty feet wide, unobstructed, paved lanes. (6) YMC &12.02.010: Establishment of easements: Public utility easements shall be established for the location of new and proposed public utility lines serving new land divisions and land development. Public utility 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. (7) 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. (8) YMC §12.03.010: Sewer service required: Pursuant to YMC §12.03.010, all new lots and development shall be served by a sanitary sewer line located adjacent to the lot or development site. (9) YMC §12.03.040: Minimum sewer size: The minimum size for public sewer lines is eight inches in diameter. (10) YMC §12.03.070: Side sewer service: Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. Branched side sewers serving multiple buildings and properties shall not be permitted. Single side sewers serving multi-unit buildings are permitted. (11) YMC §12.03.090: Gravity flow required: Sewer lines shall be designed for gravity flow operation. Lift stations and force mains (pressurized lines) shall be limited to those locations and circumstances where they are consistent with the comprehensive sewer plan and are the preferable short-term solution to service the development site and other properties in the vicinity. ECEIVE4 WM Real Property Holdings, LLC 14 Preliminary"Plat of Marylyn Place" JAN 2 } 2024 Ahtanum Road & South 58`h Avenue PLP#001-23/CAO#021-23/SEPA#009-23 CITY OF YAKILi PLANNING DIV. (12) YMC §12.04.010: Water service required: All new lots and development shall be served by a public water supply line maintained by the City of Yakima, Nob 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. (13) 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 of the developing property. In some cases it will require dedication of an easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the City's adopted water comprehensive plan. (14) YMC §12.04.040: Minimum size and material standards: New water lines in the City of Yakima water system shall be constructed of Class 52 ductile iron and shall be a minimum of eight inches in diameter. Improvements and additions to the Nob Hill Water Company [Association] system shall conform to the requirements of Nob Hill Water Company [Association]. (15) YMC 12.05.010: Sidewalk installation required: Sidewalks shall be installed along both sides of all new, improved and reconstructed streets. Projects which repair small portions of or maintain existing street shall not be considered "improvement" for the purpose of this section and shall not trigger the requirements of this section. Sidewalks shall also be installed across the frontage of all newly developed or redeveloped lots where feasible. (16) YMC §12.06.010: Street types, functional classification: The Yakima Urban Area Comprehensive Plan, and/or the West Valley Neighborhood Plan, designates the functional classification of the principal arterial, minor arterial and collector streets and establishes their functional classification. All other streets are classified as local residential access. (17) YMC 412.06.030: Design standards, adjustment of standards: Final design of street improvements is subject to approval by the City Engineer. The City Engineer, at his discretion, is authorized to adjust these standards as necessary to facilitate the construction of new streets and improvement of existing streets. Projects which repair ''Fr:EWED WM Real Property Holdings, LLC 15 Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58`" Avenue 'i''N °, PLP#001-23/CAO#021-23/SEPA#009-23 OF `1Aa�;�e�/?A small portions of or maintain existing streets shall not be considered "improvements" for the purposes of this section. (18) YMC §12.06.070: Provision of street curbing: Barrier curbs shall be installed along all public streets. Rolled mountable curbs may be permitted along residential access streets. Curb design shall be consistent with the standards of the City Engineer. (19) YMC §12.06.080: Street lighting: A street light shall be installed at each street intersection and at midblock if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the City Engineer. Lighting improvements shall become the property of the City of Yakima upon installation and will thereafter be maintained by the City. (20) YMC §14.05.200(A-B): Allowance of bond in lieu of actual construction of improvements prior to approval of short plat or final plat: The subdivision or short subdivision applicant may, as an alternative to actual construction of any required improvements, provide a surety bond or other secure method providing for and securing to the City the actual construction of required improvements within a specified period of time and expressed in a bond or other appropriate instrument establishing such security. Any bond or other method of securing actual construction of required improvements shall specify the improvements covered and the schedule for completion. In cases of sub- division, the bond or other method of securing actual construction of required improve- ments shall be subject to approval by the City Engineer and City Attorney prior to approval of the final plat by the City Council. In cases of short subdivisions, the bond or other method of securing actual construction of required improvements shall be subject to approval by the City Engineer and City Attorney prior to approval of the final short plat by the Administrator. In no case shall the amount of the bond or other method of securing actual construction of required improvements be less than one hundred ten percent of the estimated actual cost of the improvements based upon the approved civil engineering design of the required improvements. (21) RCW 58.17.110(1), YMC §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 WM Real Property Holdings, LLC 16 '1ECE1VED Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue PLP#001-23/CAO#021-23/SEPA#009-23 aAN a t ZUl4 iIIY Of YAKIMA PLUM;2 OIV. safe walking conditions for students who walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. XII. Applicable Critical Areas Ordinance Provisions. Applicable Critical Areas Ordinance regulatory provisions are as follows: (1) Critical Area Development Authorization Required: Pursuant to YMC §15.27.300(A), no new development, construction or use shall occur within a designated critical area without obtaining a development authorization in accordance with the provisions of this chapter, except for those provided for in YMC §15.27.303. (2) General Critical Areas Protective Measures—Subdivision Standards: Pursuant to YMC §15.27.321(B)(2)(a-d), critical areas shall be actively protected through the following: (a) Roads and utilities for the subdivision shall avoid critical areas and their 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. "FiCEW iED WM Real Property Holdings, LLC 17 Preliminary"Nat of Marylyn Place" Ahtanum Road & South 58th Avenue '`'1\i . 5 2024 PLP#001-23/CAO#021-23/SEPA#009-23 ;11 Y OF YAKIMA PL? MM DIV. (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 is a permitted use within the floodway fringe (floodplain) as long as the proposal complies with the flood hazard protection standards of YMC §15.27.407 and YMC §15.27.408. (4) Permitted Uses — Floodway: Pursuant to YMC §15.27.411(A), Detached Single-Family Dwellings is a permitted use within the floodway as long as the proposal complies with the flood hazard protection standards of YMC §15.27.407 and YMC §15.27.408. Pursuant to YMC §15.27.411(H), roads and bridges are permitted uses within the floodway as long as they comply with the regulations that are set forth in YMC §15.27.411(D). (5) Subdivision Proposals: YMC §15.27.407(F) requires that all subdivision proposals shall: (a) Be consistent with the need to minimize flood damage; (b) Have roadways, public utilities, and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (c) Have adequate drainage provided to reduce exposure to flood damage; (d) Include base flood elevation data; and (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. XIII. Preliminary Plat Findings. YMC §14.20.100(A) provides that the Hearing Examiner shall consider a proposed preliminary plat during an open record public hearing in order 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-2 Zoning District. A determination of consistency with the City's WM Real Property Holdings, LLC 18 Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue PLP#001-23/CAO#021-23/SEPA#009-23 e 1.U14 ,,:1 d Y t — Y'AKL PLANNIi°: D V. Urban Area Zoning Ordinance intent, design, improvement and development provisions applicable to the R-2 zoning district involves a consideration of the following provisions of Title 15 and Title 12 of the Yakima Municipal Code (YMC): (a) Consistency with the Intent of the Two-Family Residential (R-2) Zoning District: YMC §15.03.020(C) indicates that the intent of the R-2 zoning district is in part to establish and preserve residential neighborhoods for detached single- family dwellings, duplexes and other uses that are compatible with the intent of the district. (b) Consistency with Design, Improvement and Development Provisions Applicable to the Two-Family Residential (R-2) Zoning District: YMC Chapter 15.05 establishes certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote the public health, safety and welfare. The proposed development meets the requirements applicable in the R-2 zoning district as follows: (i) Minimum Lot Size: The lots ranging in size from 6,318 square feet to 47,895 square feet will meet the minimum 6,000-square-foot lot size requirement for single-family residences that will be located in the R-2 zoning district. (ii) Building Envelopes: The preliminary plat indicates that building envelopes on the lots partially within the floodplain will range from approximately 6,745 to 12,660 square feet in size, which is consistent with the minimum 5,000-square-foot standard in YMC §15.27.321(B)(2)(c) of the CAO for residential uses. (iii) Minimum Lot Width: The lots will all meet or exceed the mini- mum lot width of 50 feet prescribed for the R-2 zoning district by Table 5-2 of YMC Chapter 15.05. (iv) Maximum Lot Coverage: The maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the R-2 zoning district, the maximum lot coverage is 60%. All lots within the proposed preliminary plat have suffi- cient lot area to comply with this development standard. (v) Structure Setbacks: In the residential zoning districts, structure setbacks are intended to provide light, air and emergency access. All lots in WM Real Property Holdings, LLC 19 ECEI��E Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue IAN 9 5 2024 P LP#001-23/C A O#021-23/S E PA#009-23 i;if Y OF UCLA PLANNCj,30 V. the proposed preliminary plat have sufficient area to meet the setback requirements specified for the R-2 zoning district by YMC Table 5-1 in YMC Chapter 15.05 which are as follows: Location From Centerline From Property Line Of Right-of-Way Front 45 feet 20 feet Rear N/A 15 feet Side (internal) N/A 5 feet Side (street) 40 feet 10 feet (vi) Maximum Building Height: The maximum building height in the R-2 zoning district is 35 feet (YMC Chapter 15.05, Table 5-1). The property is entirely within Zone 6 of the Airport Safety Overlay (ASO) which also limits the building height to 35 feet. The applicant's SEPA Environmental Policy Act Checklist states that the tallest structure will be no more than 35 feet in height so as to comply with both standards. (vii) Access: All lots will have at least 20 feet of frontage upon a public street or be accessed by a minimum 20-foot-wide access easement in accordance with YMC §15.05.020(H). (viii) Sidewalk: Curb, gutter and sidewalk will be constructed along all interior street frontages within the proposed preliminary plat as required by YMC §15.05.020(J). (ix) Density: The proposed preliminary plat which divides 15.62 net residential acres not including streets into 83 residential lots will have a density of 5.31 dwelling units per net residential acre with streets excluded (680,381 square feet ± 43,560 square feet = 15.62 acres; 83 dwelling units 15.62 acres = 5.31 dwelling units per net residential acre). This density complies with YMC §15.05.030(B) and YMC Table 4-1 of YMC Chapter 15.04 which allow up to 7 dwelling units per net residential acre in the R-2 zoning district as Class (1) permitted uses. (x) Street Right-of-Way/Dedication of Right-of-Way: The internal local access streets connecting to the existing Occidental Road by way of South 57th Avenue and South 58th Avenue on the north and connecting to WM Real Property Holdings, LLC 20 "''7(7; 'IVE Preliminary"Plat of Marylyn Place" Ahtanum Road & South 58`1' Avenue PLP#001-23/CAO#021-23/SEPA#009-23 !. 1, 9, ;, 2024 Y 1:r '4 le ;4tdA Ahtanum Road on the south all require the dedication of 50-foot-wide rights-of-way for the streets within the subdivision which shall be improved with curb, gutter and a five-foot-wide sidewalk on both sides of the streets. (xi) Frontage Improvements: Curb, gutter and sidewalk shall be installed along the lot frontages of internal streets in accordance with YMC 12.05.010. The street section shall conform to standard detail R3 and the new sidewalks shall be constructed per standard detail R5, in accordance with YMC Chapters 8.67 and 12.05. At a minimum, one street light shall be installed midblock on the westernmost section of the loop since the street exceeds 500 feet in total length. Street lighting shall meet the design and placement standards of the City Engineer. Lighting improvements shall become the property of the City of Yakima upon installation and will thereafter be maintained by the City. Pursuant to YCC Chapter 8.72, an excavation and street break permit shall be obtained for all work within the public right-of-way. Roads less than five years old can be cut, but will cost 150 percent of the restoration fee with no PCI discount. (xii) Wastewater: Sewer and a lift station have been extended across Occidental Road to the subject site. A minimum sixteen foot easement shall be maintained over all public utility lines in accordance with YMC §12.02.010 and YMC §12.02.020. All lots within the subject plat shall be served by a separate side sewer line from a public main in accordance with YMC §12.03.070. Sewer is to be installed per the Yakima Municipal Code. (xiii) Water: The applicant shall extend potable water to the lots of the plat in accordance with YMC §12.04.010. Water is provided by the Nob Hill Water Association, and the preliminary plat displays water service across all street frontages to serve all lots. (xiv) Irrigation: The subject parcel is located within the Ahtanum Irrigation District and therefore irrigation district approval is required upon the final plat. (xv) Easements: Easements are to be established in accordance with YMC §12.02.010 and YCC §12.02.020. (2) Subsection 14.20.100(A)(2) — Consistency with the provisions of the Comprehensive Plan. The Future Land Use Map III-3 of the 2040 Yakima Urban Area WM Real Property Holdings, LLC 21 Preliminary"Plat of Marylyn Place" 1E.CEIVED Ahtanum Road & South 58`1' Avenue PLP#001-23/CAO#021-23/SEPA#009-23 iiaN 2 P 2024. VI"1V OF Yi J(al l_� AaML:3 DdV Comprehensive Plan designates the property within the proposed preliminary plat as suitable for Mixed Residential development which provides for a mixture of housing types and densities. As noted above, the proposed preliminary plat is consistent with the following Goal and Policies of the City's Comprehensive Plan: (a) Goal 2.3 which is to preserve and enhance the quality, character and function of Yakima's residential neighborhoods. (b) Policy 2.3.1 which is to provide for a wide variety of housing types within the City to meet the full range of housing needs for Yakima's evolving population. (c) Policy 2.3.2 which is to preserve and enhance established residential neighborhoods. Specifically: (A) Ensure that new development is compatible in scale, density and aesthetic quality to an established neighborhood. (3) Subsection 14.20.100(A)(3) — Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended conditions, this preliminary plat will meet all the design requirements in YMC Chapter 14.20 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the recommended conditions are intended to ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. (4) Subsection 14.20.100(A)(4) — Appropriate provisions for enumerated features. As proposed and with the recommended conditions, this 83-lot Preliminary "Plat of Marylyn Place" will make appropriate provisions for the following features required by YMC 14.20.100(A)(4) and RCW 58.17.110: (a) Public health, safety, welfare: The construction of new detached single- family dwellings will complement the existing adjacent single-family development to the north. It will promote the public health, safety and general welfare insofar as there is a need in this community for additional housing and insofar as this proposed preliminary plat will be required to comply with all applicable City development standards, and all conditions of approval that will be specified by the City Council. (b) Open spaces: The proposed lots are larger than the minimum lot size required in the R-2 zoning district for single-family dwellings. The lot coverage limitation of not more than 60% in the R-2 zoning district will provide adequate WM Real Property Holdings, LLC 22 Preliminary"Plat of Marylyn Place" '-* C 'tfF , Ahtanum Road& South 58th Avenue PLP#001-23/CAO#021-23/SE PA#009-23 A. A124 Y GT � t� airy► RAM:, ,n ov light and air for future residents in accordance with the standards in the zoning ordinance without additional open spaces. (c) Drainage systems: Drainage system facilities must be provided in accordance with state and local regulations, including the City of Yakima Municipal Code and the Eastern Washington Storm Water Manual. (d) Streets, alleys, and other public ways: The subject property will have access from the north by way of South 57t1' Avenue and South 58th Avenue which extend southerly from Occidental Road and also will have access from the south off of Ahtanum Road by way of South 58th Avenue. Those streets and the additional interior streets to be named South 60th Avenue, West Larch Avenue, West Oak Avenue and Woolsey Road will provide access to all of the lots. (e) Water supplies: Public water is required to be used for domestic and fire flow purposes. Nob Hill Water Association water is available to the site from Nob Hill Water Association by way of South 58th Avenue. (f) Sanitary waste disposal: Public sewer is required to service all lots within the subject development. A City of Yakima sewer main capable of serving the development which has been extended along Occidental Road runs southerly to the northern boundary of the proposed preliminary plat. (g) Parks and playgrounds: Open space, parks, recreation and playgrounds are located about 2.5 miles away from this subdivision at West Valley Park. The lot coverage limitation also provides open space on the lots for recreation and play areas. (h) Sites for schools: West Valley Middle Level Campus is located about 1.9 miles from this proposed subdivision, while Wide Hollow Elementary School is located about 2.4 miles from this proposed subdivision and West Valley High School is located approximately 2.9 miles from this proposed subdivision. No comments were submitted by the West Valley School District. (i) Sidewalks: Sidewalks are required and shall be provided along this development's internal streets (South 57th Avenue, South 58th Avenue. South 60th Avenue, West Larch Avenue, West Oak Avenue and Woolsey Road). (j) Public Transit: Yakima Transit Routes 2 and 5 pass the intersection of South 64th Avenue and West Washington Avenue approximately 0.9 of a mile north of the subdivision. WM Real Property Holdings, LLC 23 "'FCE VE Preliminary"Plat of Marylyn Place" Ahtanum Road& South 5801 Avenue N t(1�� PLP#001-23/CAO#021-23/SEPA#009-23 aliY OF MrAiC 4,A. PLAtli ;xv 0�`+l, (k) Serves the public use and interest: This proposed 83-lot residential subdivision is consistent with neighboring residential land uses, better serves the needs of the City than the present undeveloped status of the property and helps satisfy the need for additional housing within the City. (1) Time Limitation: Upon preliminary plat approval, the applicant has five years from the date of preliminary plat approval to submit the final plat. If more time is needed, at least 30 days prior to the expiration of preliminary approval, the applicant must submit to the City Council a written request to extend the approval period for a maximum period of one additional year (YMC §14.20.160). Before the final plat can be recorded, all required infrastructure must either be engineered, completed and inspected or be engineered and financially secured, and approval of the final plat must be obtained from the City of Yakima Community Development Department. XIV. Critical Areas Ordinance Findings. Critical Areas Ordinance Findings are as follows: (1) This application was subject to Environmental Review which resulted in the issuance of a Determination of Nonsignificance (DNS) on December 13, 2023. (2) Consistent with YMC §15.27.031(C)(2), the Administrative Official reviewed the available information pertaining to the proposal and made a determination that Critical Areas were present, but there is no impact. (3) Per YMC §15.27.309, it has been determined that a Standard Development Permit is required. (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 envelopes of at least 5,000 square feet outside the floodplain that crosses a northerly and westerly portion of Lot 78 and a northerly portion of lots 73 to 77 and of Lot 79. The floodplain does not cross any of the interior streets within the proposed preliminary plat. WM Real Property Holdings, LLC 24 1F ,,:-rf 'a Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58' Avenue ,;AN 2 5" 2024 P LP#001-23/CAO#021-23/S EPA#009-23 �r .;l I jri Y: /�„v.. PrsYd+L.,:.a (b) Danger to life or property that would likely occur as a result of the project: The floodplain of Spring Creek — Tributary 1 is located on a portion of Lots 73 to 79, but adequate building envelopes are provided on those lots. (c) Compatibility of the project to critical area features: Each lot encumbered by the floodplain will have a building envelope located outside of the floodplain. Since those lots are larger than the average size of the lots in the subdivision, floodwaters will be able to flow across them in a manner that will avoid the building envelopes where the homes will be located. (d) Conformance with applicable development standards: All applicable standards of YMC Chapter 15.27 will be met. (e) Compliance with the flood hazard mitigation requirements of YMC §15.27.400 through §15.27.436: The existing FEMA FIRM Panels 53077C1029F and 53077C1037E were revised in 2020 (Case No. 20-10-0066R) which on the site channelized the floodplain through Cottonwood Place on the subdivision to the north which allowed the building envelopes for the affected lots in this subdivision to be located outside of the floodplain. (I Adequacy of the information provided by the applicant or available to the division: The application that was submitted is adequate for review. (g) Alternative Courses of Action: Based upon the project evaluation, the decision maker shall take one of the following actions: (i) Grant the development authorization; (ii) Grant the development authorization with conditions as allowed by YMC §15.27.312 in order to mitigate impacts to the critical area feature(s); or (iii) Deny the development authorization. (5) Since the consideration of the Critical Areas Standard Development Permit has been consolidated for review with the Preliminary Long Plat application, the Hearing Examiner recommends that the City Council grant the Critical Areas Standard Development Permit development authorization in conjunction with approval of the Preliminary "Plat of Marylyn Place." WM Real Property Holdings,LLC 25 Preliminary"Plat of Marylyn Place" , ', , % a 2024 Ahtanum Road& South 58th Avenue n, PLP#001-23/CAO#021-23/SEPA#009-23 ,� XV. Consistency Analysis Conducted Pursuant to Subsection 16.06.020(B) of the Yakima Municipal Code. The consistency analysis for this proposed Preliminary "Plat of Marylyn Place" is as follows: (1) The type of land use contemplated by the proposal (a single-family residential development) is permitted on this site so long as it complies with the conditions imposed by the Yakima City Council, as well as the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. The proposed single-family dwellings are Class (1) permitted uses in the R-2 zoning district. (2) The level of development with the maximum lot coverage density of 60% and with lots that are larger than the minimum lot size requirements will not exceed the allowable level of development in the Two-Family Residential (R-2) zoning district. (3) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that will be provided at the applicant's expense will ensure 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 the recommended conditions, the proposed Preliminary "Plat of Marylyn Place" with the requisite Standard Critical Areas Standard Development Permit will be consistent with the development standards of applicable City ordinances. CONCLUSIONS Based on the foregoing Findings, the Hearing Examiner concludes as follows: (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of the proposed Preliminary "Plat of Marylyn Place" with a Critical Areas Standard Development Permit pursuant to YMC §1.43.080, YMC §14.20.100 and YMC Chapter 15.27. WM Real Property Holdings, LLC 26 '� `""� 0E Preliminary"Plat of Marylyn Place" '',t�. Ahtanum Road& South 58`1'Avenue PLP#001-23/CAO#021-23/SEPA#009-23 i,Ar 1024 ter'1 (2) A SEPA Determination of Nonsignificance (DNS) was issued for this proposed preliminary plat on December 13, 2023, which became final without any appeal. (3) Notices for the public hearing were given in accordance with applicable ordinance requirements. (4) The proposed Preliminary "Plat of Marylyn Place," with the requested Critical Areas Standard Development Permit and subject to all of the conditions detailed below, is in compliance with the applicable provisions of the City's 2040 Comprehensive Plan, zoning ordinance and subdivision ordinance; makes appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; and, according to the weight of the evidence presented at the hearing, does not require that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who walk to and from school; and said plat will serve the public use and interest. (5) This proposed Preliminary "Plat of Marylyn Place" with the requested Critical Area Standard Development Permit is in compliance with all of the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the proposed 83-lot Preliminary "Plat of Marylyn Place" dated September 20. 2023, and the requested Critical Areas Standard Development Permit which are described in the application, staff report, this Recommendation and the other related documents assigned the file numbers PLP#001-23, CAO#021-23 and SEPA#009-23 be APPROVED, subject to compliance with the following conditions: (A) Prior to approval of the final plat, all required improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12; WM Real Property Holdings, LLC 27 CMVE Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58'h Avenue PLP#001-23/CAO#021-23/SEPA#009-23 AN 2 �d5 22Q24 .;1 I i Vtl ( Y;9iei q (B) All lots shall be served with public water from the Nob Hill Water Associ- ation. 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 plat has been served with domestic water and applicable fees have been paid; (C) All lots shall be provided with public sewer service according to YMC Title 12 standards. Prior to final plat approval, written verification from the City of Yakima Engineering Department must be provided to the Planning Division indicating that all sewer extensions have been completed and inspected or financially secured; (D) Eight-foot-wide utility easements 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 eight feet in width or twice the buried depth of the utility, whichever is greater; (E) All public and private utilities shall be located underground, with the excep- tion of telephone boxes and such similar structures; (F) All public and private utilities to be located within public road rights-of-way must be constructed prior to the start of road construction; (G) All interior roads shown on the preliminary plat shall be constructed with curb, gutter and five-foot-wide sidewalks on both sides of the street, and street lighting in accordance with YMC Chapter 12.06, Standard Detail R5, and WSDOT Curb and Sidewalk Plans F-10.12-03; (H) An excavation and street break permit shall be obtained for all work within the public right-of-way. Roads less than five years old can be cut, but will cost 150 percent of the restoration fee with no PCI discount; (I) All frontage improvements shall be completed or bonded for prior to long plat approval. Civil engineering plans for public improvements shall be approved prior to bonding for public improvements; (J) At the discretion of the City Engineer, the owner may bond for required frontage improvements or enter into a deferral agreement for future participation in the cost of any frontage and/or roadway improvement by means of a Local Improvement District (LID) which is constructed abutting the owner's property. The bond or deferral agreement shall be executed and recorded prior to or as part of approval of the plat; WM Real Property Holdings, LLC 28 RECEIVED Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58th Avenue JAN 2 5 2024 P LP#001-23/CAO#021-23/SEPA#009-23 CITY UF YAKI A PLANNING DIV. (K) Roadway sections within the floodplain/floodway shall be constructed in accordance with applicable regulations of YMC Chapter 15.27, Part Four; (L) Fire hydrants shall be placed at the locations specified by Code Administration and the Washington State Fire Code. All lots must be provided with adequate fire flow; (M) All permits required by the Department of Ecology shall be obtained; (N) A Large Project Stormwater Permit shall be obtained; (0) Streetlights shall be installed per the direction of the Engineering Division; (P) This plat shall be subject to the following notes, which must be placed on the face of the plat: (1) The addresses shown on this plat are accurate as of the date of record- ing, but may be subject to change. The City of Yakima Code Administration is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. (2) The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on- site. (3) Portions of the Plat of Marylyn Place shown hereon may fall within the 1% annual chance (100-year) floodplain and floodway limits shown on current Flood Insurance Rate Maps. Floodplain and floodway information is subject to change as a result of future FEMA Map revisions and/or amendments. (4) No structure, fences, walls, or other obstructions that impede drainage shall be placed within the limits of the (100-year) floodplain or floodway established by the Federal Emergency Management Agency (FEMA) without the approval of the City of Yakima Community Development Director and in accordance with the City of Yakima Municipal code critical areas ordinance. The property owner shall keep the 100-year floodplain and floodway traversing his/her property free of debris which would impede the function of the floodplain or floodway. (Q) Irrigation approval is required, and shall be shown on the face of the final plat; (R) A current title report covering the subject property must accompany the final long plat; WM Real Property Holdings, LLC 29 RECEIVED Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58`1'Avenue PLP#00 I-23/C AO#021-23/S E PA#009-23 JAN 2 5 2024 CRY OF YAKiivi PLANNING DIV (S) Upon preliminary plat approval, the applicant has five years to submit the final plat. If additional time is needed, 30 days prior to the expiration of said approval the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year; (T) All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety; (U) Prior to the issuance of any permits, it is recommended that a professional archaeological survey of the project area be conducted, with copies of the survey provided to DAHP and the Planning Division. DATED this 25th day of January, 2024. Pra-r9 Nt . Gary M. Cuillier, Hearing Examiner WM Real Property Holdings, LLC 30 EC F.7 1VE Preliminary"Plat of Marylyn Place" Ahtanum Road& South 58"'Avenue .IAN 2 5 2024 P LP#001-23/C A O#021-23/SE PA#009-23 Ll l Y OF YAKIIA PLANMII G DIV. 1 r:�: 7`;1 is' 7. I -) 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: March 19, 2024 ITEM TITLE: Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the preliminary plat of Marylyn Place submitted by WM Real Property Holdings, located in the vicinity of Ahtanum Rd & S 58th Ave SUBMITTED BY: *Eric Crowell, Senior Planner SUMMARY EXPLANATION: This is a preliminary long plat submitted by WM Real Property Holdings LLC to subdivide approximately 22.19 acres located in the vicinity of Ahtanum Rd & S 58th Ave into 83 single- family residential lots. This site is located in the Two-Family Residential (R-2)zoning district. The Hearing Examiner held an open-record public hearing on January 11, 2024 and submitted a recommendation for approval on January 25, 2024. The complete record was distributed to City Council in the agenda packet on March 5, 2024, 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 0 Resoiut.c.