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
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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).
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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
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(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
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(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
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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
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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
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(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
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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
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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
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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
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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
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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.
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(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.
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(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
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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.