HomeMy WebLinkAboutR-2010-074 Scenic Estates Preliminary PlatRESOLUTION NO. R-2010-74
A RESOLUTION granting conditional preliminary plat approval for the Preliminary Plat of
Scenic Estates, a thirteen lot subdivision for property located at 707 North
80th Avenue.
WHEREAS, on April 22, 2010, the Hearing Examiner held a public hearing to consider
the application for a thirteen lot subdivision located at 707 North 80th Avenue and known as
Scenic Estates, submitted by JBS Properties, Inc. (Preliminary Long Plat #001-10); and,
WHEREAS, on May 6, 2010, the Hearing Examiner issued his Recommendation for
approval of the proposed plat subject to several conditions; and,
WHEREAS, the proposed Application conforms with the City of Yakima Zoning
Ordinance, Subdivision Ordinance, Development Standards Ordinance, and other applicable
land use regulations; and,
WHEREAS, at the Closed Record Public Hearing on June 1, 2010, after notice duly
given according to the requirements of the Yakima Municipal Code, the Yakima City Council
adopted the Hearing Examiner's Recommendation, and instructed the City's legal staff to
prepare a resolution reflecting the same; 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 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 of approval of the Application herein. A copy of
the Recommendation is attached hereto as Exhibit A and incorporated herein by this reference.
Section 3. Findings. The Yakima City Council adopts the findings of the Hearing
Examiner's Recommendation 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.
ADOPTED BY CITY COUNCIL at a regular meeting and signed and approved this 15th
day of June, 2010.
1c)u
Micah Cawley, Maor
ATTEST:
•
•
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
PL(4:;?1in,g Divi. ior
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NOTIFICATION OF HEARING EXAMINER'S
RECOMMENDATON TO THE
CITY COUNCIL
May 10, 2010
For the Record/File
On May 6, 2010, the City of Yakima Hearing Examiner rendered his recommendation on
the Preliminary Long Plat, Planned Development, and SEPA Review of Scenic Estates
(PLP #001-10, PD#001-10, SEPA #001-10). The application was reviewed at an open
record public hearing held on April 22, 2010.
A copy of the Hearing Examiner's Findings and Recommendation is enclosed.
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 Alice Klein, Assistant Planner at
(509) 576-66 .t the City of Yakiy a, Planning Division.
Joaavenport
Planning Manager
Date of Mailing: May 10, 2010
Enclosures: Hearing Examiner's Recommendation
Yakima
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CITY OF YA1KIMA, WASHINGTON
HEARING EXAMINER'S RECOMMENDATION
May 6, 2010
In the Matter of a Preliminary Plat
And Planned Development
Application Submitted by:
JBS Properties, Inc.
For a 13 -Lot Preliminary Plat
And a Planned Development in the
Vicinity of 707 North 80th Avenue to
Be Known as "Scenic Estates"
PLP #001-10
PD #001-10
SEPA #001-10
A. Introduction. The preliminary findings relative to the hearing process for this
matter are as follows:
2010.
(1) The Hearing Examiner conducted an open record public hearing on April 22,
(2) A thorough staff report was presented by Assistant Planner Alice Klein which
recommended approval of this preliminary plat and planned development subject to
enumerated conditions.
(3) The only other testimony was presented by the applicant's representative,
Rick Wehr of PLSA Engineering & Surveying, to the effect that the proposal is for an
upscale residential development with lot sizes more than four times larger than the
minimum lot size and with a gated private street and landscaped area down the center of
the plat so as to provide ample open areas. He also indicated that the drainage concern
expressed by the two written comments received will be addressed so as not to be a
JBS Properties
Vicinity of 707 No. 80`h Ave.
13 -Lot Plat of"Scenic Estates"
PLP #001-10; PD #001-10; SEPA #001-10
•
problem, that the proposed lots have been situated so as to minimize the effect on views
and that the view concern expressed in one of the written comments would have to be
discussed with the applicant since the City does not regulate that aspect of the proposal
other than through its maximum building height limitation of 35 feet in the Suburban
Residential zoning district.
(4) This recommendation has been issued within ten business days of the hearing.
B. Summary of Recommendation. The Hearing Examiner recommends approval of
this preliminary plat and planned development for the reasons set forth in Alice Klein's
staff report subject to her recommended conditions.
C. Basis for Recommendation. Based on a view of the site with no one else present
on April 19, 2010; the staff report, exhibits, testimony and other evidence presented at
the open record public hearing on April 22, 2010; the conditions of the. SEPA NIDNS
dated March 26, 2010, which became final without an appeal; and a consideration of the
applicable subdivision requirements, development standards and consistency criteria; the
Hearing Examiner makes the following:
FINDINGS
I. Applicant/Property Owner. The applicant is JBS Properties, Inc., 1819 South 4h
Avenue, Yakima, Washington 98902. The property owner is Garry Griggs d/b/a The
Rabbit Patch, LLC, 7706 Scenic Drive, Yakima, Washington 98908.
II. Location. The location of the proposal is in the vicinity 707 North 80th Avenue and
JBS Properties
Vicinity of 707 No. 80°1 Ave.
13 -Lot Plat of "Scenic Estates"
PLP 4001-10; PD #001-10; SEPA 4001-10
2
the Assessor's tax parcel number is 181317-33433.
III. Application. This application is for a preliminary plat and master planned
development of about 12.9 acres into 13 single-family residential lots in the vicinity of
North 80`h Avenue and Scenic Drive at 707 North 80th Avenue. It was submitted to the
City of Yakima Planning Division on January 6, 2010. SEPA environmental review
resulted in . the issuance of a Mitigated Determination of Nonsignificance. The
preliminary plat criteria and the planned development criteria must all be considered in
connection with this application.
IV. Notices. Notices of the April 22, 2010, public hearing were provided in
accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima
Municipal Code (YMC). They include the following:
Publishing of Notice of Application and Hearing:
Mailing of Notice of Application and Hearing:
Posting of Land Use Action Sign on the Property:
February 12, 2010
February 12, 2010
February 12, 2010
V. Environmental Review. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance (MDNS) on March 26, 2010, which became final
without an appeal and which required the following mitigation measures:
"(1) Contractors doing clearing, grading, paving, construction or landscaping
work must file a dust control plan with Yakima Regional Clean Air Authority (YRCAA).
Burning is prohibited at all times during land clearing.
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-I0; PD #001-10; SEPA #001-10
3
•
(2) The water purveyor is responsible for ensuring that the proposed use(s) are
within the limitations of its water rights. A water right permit is required for all surface
water diversions and for any water from a well that will exceed 5,000 gallons per day.
(3) A NPDES Construction Stormwater General Permit from the Washington
State Dept. of Ecology is required. The permit requires that Stormwater Pollution
Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all
permitted construction sites. Permit coverage and erosion control measures must be in
place prior to and [any] clearing, grading or construction. These plans and control
measures must be reviewed and approved by the City of Yakima's Engineering Division
prior to construction..
(4) The applicant will be required to retain the stormwater . on-site. 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 be reviewed and approved by the City of Yakima
Surface Water Engineer prior to construction: If Underground Injection Control (UIC)
wells are used in the drainage design, they must be registered with Department of
• Ecology (DOE). A copy of the UIC registration form from DOE shall be submitted to
the City of Yakima Surface Water Engineer.
r
(5) During project construction all contractors shall adhere to the City of Yakima
noise regulations. regarding hours of construction (YMC 6.04.180).
(6) The site design for this project shall adhere to YMC Ch. 15.05 & 15.06
standards including, but not limited to: parking, building setbacks, lot coverage, fence
height, access, & building height.
(7) When provided, lighting is required to be directed to reflect away from
adjacent properties (YMC § 15.06.100).
(8) All conditions, not herein mentioned, for fire and life safety shall comply with
the 2006 IFC standards.
(9) Upon preliminary plat approval the applicant and City of Yakima shall enter
into a development agreement codifying all development standards and conditions of
approval prior to final plat approval and recordation (YMC 15.28.030(B)(5) &
15.28.050)."
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA #OOI-10
VI. Transportation Concurrency Ordinance. This application was reviewed
and approved on March 10, 2010, for consistency with the City's Transportation
Capacity Management Ordinance. The review resulted in a finding to the effect
that this development will not exceed the PM peak hour capacity of the City's
arterial street system and that reserve capacity exists on all impacted arterial streets.
VII. Development Services Team. The following comments were submitted by the
Development Services Team which met on January 27, 2010, and by other public
agencies or private companies who submitted information during the comment period for
this proposal:
(1) Code Administration: The gates shall comply with the 2006 International Fire
Code (IFC) Section D103.5 and shall be at least 20 feet wide. Each lane shall be at least
20 feet in width per Section 503.2.1 of the 2006 IFC. Nob Hill Water Association, in
concert with the City of Yakima Fire Department, shall direct location(s) of the fire
hydrants. Additional comments will be forthcoming upon submittal of building projects.
All buildable fill material will need to have required compaction testing/reports and any
retaining walls within the development will require engineering and permits. Preliminary
addressing is as follows:
Lot 1
717 N. 80th Avenue
Lot 8
7604 Madera Way
Lot 2
7905 Madera Way
Lot 9
7702 Madera Way
Lot 3
7903 Madera Way
Lot 10.
7704 Madera Way
Lot 4
7801 Madera Way
Lot 11
7802 Madera Way
Lot 5
7703 Madera Way
Lot 12
7902 Madera Way
Lot 6
7701 Madera Way
Lot 13
7904 Madera Way
Lot 7
7605 Madera Way
JBS Properties
Vicinity of 707 No. 80`h Ave.
13 -Lot Plat of "Scenic Estates"
PIT #OOI-10; PD #OOl-I0; SEPA #001-10
5
All addresses must be clearly shown on the face of the .final plat. In addition, the
following note shall be placed upon the face of the final plat: "The addresses shown on
this plat are accurate as of the date of recording, but may be subject to change." The City
of Yakima Building Codes Division is responsible for the confirmationor reassignment
of addresses at the time of building permit issuance.
(2) Streets and Traffic: Access to Lot 1 should be on Scenic Drive located as far
to the east side of the lot as is practical. The curb island at the subdivision entrance
should be set back a minimum of two feet to avoid damage from snow plows. If parking
is allowed ori the private road, it will be very narrow for garbage truck operation,
especially in the corners.
(3) Engineering: Title 12 requires full frontage improvements along the east side
of North 80th Avenue and on Scenic Drive, consisting of full height curb, gutter,
sidewalks and street lighting from the south line of the development on North 80`h
Avenue to the east line of Lot 1 on Scenic Drive. The private streets do not meet City
Street Standards. Therefore, a note shall be shown on the face of the plat stating "The
streets within this plat are private and do not meet the standards for public streets. If the
streets are ever to be made public, they will have to be constructed to meet the City
Standards at that time."
(4) Wastewater: Sewer is provided by the City of Yakima. Each lot shall be
served in this subdivision and extend to the west to 80th Avenue and north to Scenic
Drive. Sewer lines shall remain public within public easements accessible by
Wastewater. Wastewater connection charges shall apply. In accordance with 12.03.080,
the maximum side sewer length within the public right-of-way shall be one hundred feet
unless otherwise approved by the City Engineer.
(5) Stormwater: The applicant states that runoff will be collected and disposed of
via• surface retention areas and infiltration facilities. These are acceptable methods of
handling the runoff if designed and sized. correctly. The slopes within this development
could lead to cuts or fills, resulting in a worsening of existing runoff patterns. The runoff
from the back side of lots onto adjacent properties may need to be addressed. 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 by the City of Yakima Surface
Water Engineer prior to construction. If Underground Injection Control (UIC) wells are
used in the drainage design, they must be registered with the Department of Ecology. A
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD 4001-10; SEPA 001-10
6
copy of the UIC Well registration form from DOE shall be submitted to the City of
Yakima's Surface Water Engineer.
(6) Water: Nob Hill Water (NT -IW) requires an 8 -inch main be extended through
the development. The 8 -inch Ductile Iron (DI) main line from the High Valley Plat shall
also be extended into this development. Once this is completed, NHW will have 4,000
gpm at 20 psi residual pressure. Developments that are located closer to NHW wells or
reservoirs may not have acceptable water pressure. In this development Lot 2, 3, 12 and
13 may experience pressure between 40-50 psi. To boost this pressure the developer will
need to allow for a personal booster system to the new home if a higher pressure is
desired. Placement of hydrants shall be addressed during the plan review phase.
(7) Department of Ecology (DOE) Water Resources Comments: The water
purveyor is responsible for ensuring that the proposed use(s) are within the limitations of
its water rights. If the proposal's actions are different than the existing water right
(source, purpose, place of use or period of use), then it is subject to approval from DOE
pursuant to RCW sections 90.03.3 80 and 90.44.100. If water for dust suppression will be
used at the site, it is necessary to have a legal right. A water right permit is required for
all surface water diversions that will exceed 5,000 gallons per day.
(8) Department of Ecology (DOE) Water Quality Comments: A National
Pollutant Discharge Elimination System (NPDES) Construction Stormwater General
Permit from DOE is required if there is a potential forstormwater discharge from a
construction site with more than one acre of disturbed ground. This permit requires that
the SEPA checklist fully disclose anticipated activities including building, road
construction, and utility placements. Obtaining a permit is a minimum of a 38 day
process and may take up to 60 days if the original SEPA does not disclose all proposed
activities. The permit requires that a Stormwater Pollution Prevention Plan (Erosion
Sediment Control Plan) is prepared and implemented for all permitted construction sites.
These control measures must be able to prevent soil from being carried into surface water
(this includes storm drains) by stormwater runoff. Permit coverage and erosion control
measures must be in place prior to any clearing, grading or construction.
(9) Department of Ecology (DOE) Toxics Clean-up Comments: Based upon the
historical agricultural use of this land, there is a possibility the soil contains residual
concentrations of pesticides. Ecology recommends that the soils be sampled and
analyzed for lead, arsenic, organochlorine pesticides, and total petroleum hydrocarbons.
If these contaminants are found in concentrations above the Model Toxics Control Act
(MTCA) clean up levels, Ecology recommends that potential buyers be notified of this.
JBS Properties
Vicinity of 707 No. 80`' Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-I0; PD #001-10; SEPA #001-10
7
(10). Yakima Regional Clean Air Agency (YRCAA) Comments: Contractors
doing demolition, excavation, clearing, construction or, landscaping work must file a Dust
Control Plan with YRCAA, prior to the start of construction. Burning is prohibited at all
times.,
(11) Yakima-Tieton Irrigation District Comments: This proposal is within the
Yakima-Tieton Irrigation District boundary and has 6.82 shares of Yakima-Tieton
Irrigation water. Irrigation district approval shall be shown on the face of the final plat.
VIII. Zoning and Land Use. The property within the proposal and the property
surrounding the proposal is within the Suburban Residential (SR) zoning district. The
property is currently a vacant parcel. Adjacent property to the north is developed with
residential. and agricultural uses. Adjacent property to the south is developed with
residential uses except for some vacant land. Adjacent property to the east and west is
also developed with residential uses.
IX. Jurisdiction. Sections 1.43.080, 14.05.050, 14.20.100 and 15.28.030 of the
Yakima Municipal Code (YMC) provide that the Hearing Examiner shall hold a public
hearing and submit a recommendation to the City Council relative to the subdivision
criteria listed in YMC Section 14.20.100 and in RCW Chapter 58.17 and the planned
development criteria listed in YMC Chapter 15.28.
X. Preliminary Plat and Planned. Development Review Criteria. Sections
14.20.100 and 15.28.040 of the YMC provide that the Hearing Examiner shall review a
proposed preliminary plat and planned development during an open record public hearing
to inquire into and determine whether or not the following standards are satisfied:
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA #001 -IO
8
(1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: A determination of consistency with the provisions of
the City's Urban Area Zoning Ordinance involves a consideration of the following
provisions of the UAZO:
(a) Consistency with Intent of Suburban Residential Zoning District:
Subsection 15.03.020(A) of the Urban Area Zoning Ordinance (UAZO) indicates that the
intent of the Suburban Residential (SR) zoning district is to allow residential
development of a density up to seven dwelling units per net residential acre in areas
served with both public water service and a public sewer system. The district is
characterized by up to forty-five percent lot coverage, and by a mixture of land uses and
residential densities including small farms, scattered low-density residential development,
and clusters of higher -density residential development. The minimum lot size in the
district would be 7,000 square feet for this development which will be served by public
water and sewer services. The proposed plat and planned development is consistent with
the intent of the SR zoning district.
(b) Consistency with Development Standards of the Suburban Residential
Zoning District: Chapter 15.05 of the UAZO is designed to establish 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 of this chapter as follows:
(i) Maximum Lot Coverage: The maximum lot coverage is the
percentage of net land area of a site that can be covered with structures and other
impervious surfaces. In the SR district the standard is intended to protect the open
character, and ensure that land is available to accommodate septic tanks and
drainfields. Each lot in this proposal will be connected to City sewer. The
maximum lot coverage in the SR district is 45%. The applicant indicated that the
large lots will better facilitate any big homes proposed for this development
without exceeding lot coverage standards.
(ii) Structure Setbacks: In the SR district, structure setbacks are
intended to provide light, air and emergency access. Setbacks and easements and
rights-of-way are intended to minimize the impacts from traffic on adjoining
property owners ((YMC § 15.05.020(D)). The proposed development meets all
applicable setback standards for the SR zone.
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of"Scenic Estates"
PLP #00]-10: PD #001-10; SEPA #001-10
9
(iii) Maximum Building Height: The maximum building height in
the SR zoning district is 35 feet (YMC Ch. 15.05, Table 5-1). The proposed
building heights will be approximately 32 feet.
(iv) Sidewalk Requirement: Sidewalks on one side of the street are
required with new construction. A sidewalk is required if one exists within two
hundred feet of the development on the same side of the street. ((YMC §
15.05.020(J)) The proposed development shall install a sidewalk along North 80th
Avenue and along the frontage of the proposed Lot 1 on Scenic Drive. A sidewalk
will also be constructed along the interior private roadway.
(c) Consistency with Intent of Planned Development Provisions: A Master
Planned Development Overlay (PD) is a comprehensive development plan intended to
provide flexibility in design and building placement, promote attractive and efficient
environments that incorporate a variety of uses, densities, and/or dwelling types, provide
for economy of shared services and facilities, and economically utilize the land, resources
and amenities ((YMC § 15.28.010(A)). A residential Master Planned Development is
designed to provide a type or mixture of residential dwellings with attendant streets,
utilities, public facilities, and appurtenant common open space and recreational facilities,
or other areas or facilities. A Master Planned Development is authorized in any
residential zone that may include incidental or supporting uses and facilities that are
consistent with the primary use of the site for residential dwelling units ((YMC §
15.28.020(A)). Uses in a residential Master Planned Development include: one -family,
two-family and multi -family residences; recreational and amusement facilities which are
intended to serve the development; and any other uses authorized in the underlying zone
pursuant to Type . (1), (2) or (3) review as set forth in Table 4-1 ((YMC §
15.28.020(B)(1)(a), (b) and (f)). This development meets the intent of Section 15.28.010
and 15.28.020 of the YMC because it incorporates a unique private gated community
design for single-family residences.
(d) Consistency with Master Planned Development Review Criteria: The
Hearing Examiner shall evaluate a Master Planned Development application and other
evidence submitted into the record, and shall issue a recommendation based upon the
following considerations and criteria:
(i) The Master Plan Development application demonstrates the
economic and efficient use of land and provides for an integrated and consistent
JBS Properties
Vicinity of 707 No. 801h Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA #001-10
10
development plan for the site: The proposed development is consistent with the
SR zoning district and the Low Density Residential future land use designation.
Single-family dwelling units are a Class (1) permitted use in the SR zoning
district. The proposed lot sizes and lot widths conform to the minimum standards
of the SR zone for area (7,000 square feet) and width (60 feet wide). The
proposed lot sizes range between 28,749 and 44,323 square feet. The planned
development/subdivision design is efficiently laid out and consists of a gated
private street, a sidewalk and common open space that will provide drainage for
the proposed subdivision.
(ii) The applicant has identified development standards and uses that
are consistent with the master plan and designed in a manner that is compatible
with adjacent land uses after consideration of applicable mitigation and site
design. The Hearing Examiner may consider development standards that are
derent from currently adopted development standards in order to provide
flexibility in site planning, to implement project design and concepts, to respond to
market conditions, or to otherwise achieve the public benefits contemplated by the
concept plan: The proposed residential uses within the planned development are
consistent with adjacent residential land uses: The proposed uses will not have a
negative impact on future development in the area. The site design exceeds the
typical lot sizes in this residential neighborhood. The proposed private street is
designed for one-way traffic in and out of the subdivision. The only deviation
from City Standards is the proposed 20 -foot wide street and the sidewalk that will
be constructed around the inside edge of the private road, rather than along the
outer edge of the roadway. The City engineering staff has accepted the street and
sidewalk proposal so long as the street remains private. A note shall be placed on
the face of the Plat stating: "The streets within this plat are private and do not meet
the standards for public streets. If the street is ever to be made public, it will have
to be reconstructed to meet the City. Standards at that time."
(iii) Consideration shall be given to "low impact development"
concepts: "Low Impact Development" is defined as stormwater management and
land development strategies that emphasize conservation and use of existing
natural site features integrated with disturbed, small-scale stormwater controls to
more closely mimic natural hydrologic patterns in residential settings (YMC §
15.02.020). This project adheres to the definition of low impact development by
retaining stormwater onsite. The proposed lot density, with .large lots, maximum
JBS Properties
Vicinity 6.1'707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #00I-10; PD11001-10; SEPA 4001-10
11
45% lot coverage and common open space area will ensure
facilities will be adequate.
(iv) There will be adequate infrastructure capacity
time each phase of development is completed: The project is
completed in one phase. Utilities will be provided during the
construction.
•
that stormwater
available by the
proposed to be
initial phase of
(v) The Master Planned Development contains design, landscaping,
parking/traffic management, and use mixture and location that limit or mitigate
conflicts between the Master Planned Development and adjacent uses.
Consideration shall be given to site planning that supports land use flexibility
through means of appropriate setbacks, landscaping, sitescreening, buffers, and
other design features or techniques: The project adheres to all applicable
development standards for landscaping, parking, setbacks and sitescreening. No
adjustments to zoning standards are being requested.
(vi) All potential significant off-site impacts including noise,
shading, glare, and traffic have been identified and mitigation incorporated to the
extentreasonable and practical: This requirement has been satisfied. The SEPA
MDNS dated March 29, 2010, contains findings and mitigation measures dealing
with noise, light and glare, and traffic. Traffic Concurrency analysis was approved
March 10, 2010. This development will not exceed the PM peak hour capacity of
the City Arterial street system and reserve capacity exists on all impacted streets.
(vii) The project is designed and includes appropriate consideration
of open spaces and transportation corridors, designs of streets and public open
space amenities, and results in the functional and visual appearance of one
integrated project: The project is for a private/gated Master Planned
Development. Open spaces for the use of residents are provided within "Tract A"
of this subdivision and include a sidewalk along one side of the private street. The
Development Agreement shall include a requirement for a Common Area
Maintenance Plan within this development to be the responsibility of the Home
Owners Association.
(viii) The proposed project is not adverse to the public health, safety,
or welfare: The mitigation measures of the SEPA MDNS dated March 29, 2010,
along with the recommended conditions listed in this recommendation, mitigate
any identified adverse impacts to the public health, safety or welfare.
JBS Properties
Vicinity of 707 No. 806 Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10: PD #001-10; SEPA #001 -IO
12
(ix) The public benefits of approving the Master Planned
Development outweigh the effect of modification of standards to the underlying
zoning district: There are no modifications being requested to the development
standards of the SR zoning district. The request to have a sidewalk constructed
along the inside edge of the private street, rather than along the outside, does not
have a negative effect since the street will be private and the public will not have
access. The City Engineer has approved the street layout for so long as it remains
a private street.
(x) The proposed development is designed to be consistent with the
provisions of the Shoreline Master Program and Critical Areas Ordinance of the
City of Yakima. This does not apply to this subdivision. The subject property
does not contain any Shorelines or Critical Areas and is not adjacent to any such
areas.
(xii) The following elements set forth in Subsection 15.28.030(8)(5)
of the YMC are properly addressed in a Development Agreement:
(A) Narrative description of project and objectives;
(B) Summary of development standards;
(C) Site plan elements;
(D) Development phasing, including times of performance to
preserve vesting;
(E) Public meeting summaries;
(F) Performance standards and conditions addressing the
above items;
(G) Criteria for determining Major vs. Minor modifications
and amendments; and
(H) Signature(s) ofproperty owner(s).
The draft Development Agreement for Scenic Estates shall be modified, as
necessary, to include a summary of all public hearings or meetings. The Minor
Modifications section on page 4 of JBS Properties, Inc. Development Agreement
shall be modified so that Minor Modifications undergo a Type (2) Review, rather
than a Type (1) Review, as required by Section 15.28.080 of the YMC.
JBS Properties
Vicinity of 707 No. 80111 Ave.
13 -Lot Plat of "Scenic Estates"
PLP #OO1-10: PD #001-10; SEPA #001-10
13
•
•
(2) Subsection 14.20.100(2) -- Consistency with the provisions of the
Comprehensive Plan: The Future Land Use Map of the Yakima Urban Area
Comprehensive Plan 2025 designates the property within the proposed preliminary
plat/planned development as suitable for Low Density Residential development. This
proposed preliminary plat is consistent with that designation and is also consistent with
other provisions of the Comprehensive Plan that encourage infilling, recognize the need
for public water and sewer, encourage disposal of surface drainage on-site and encourage
development consistent with the general land use pattern in the area. The density of
development will be less than 7 dwelling units per acre. Specifically, the proposal is
consistent with the following Goals and Policies of the City's Comprehensive Plan:
(a) Goal 3.3 which is to preserve existing neighborhoods;
(b) Policy 3.3.2 which is to ensure that new development is compatible in
scale, style, density and aesthetic quality to an established neighborhood;
(c) Goal 6.1 which is to develop streets that encourage neighborhood safety
and livability;
(d) Policy 6.1.3 which is to require sidewalks on the local streets associated
with all new development.
(3) Subsection 14.20.100(3) -- Consistency with the provisionsof this title,
Title 14 entitled "Subdivision Ordinance": As proposed and with the recommended
conditions, this preliminary plat/planned development will meet all the design
requirements in Chapter 14.30 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.
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates".
PLP #001-10; PD #001-10; SEPA #001 -IO
14
(4) Subsection 14.20.100(4)(a) Appropriate provisions for public health,
safety and general welfare: The construction of new residential units which will
complement uses in the area will promote the public health, safety and general welfare
insofar as there is a need in this community for single-family residences and insofar as
this proposed preliminary plat would be required to comply with all applicable City
development standards, all mitigation measures in the SEPA MDNS and all conditions of
approval specified by the City Council.
(5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: One
of the amenities featured in this proposal is its provision for ample open spaces due to its
large lot sizes ranging from 28,749 square feet to 44,323 square feet and its open spaces
for the use of residents within "Tract A" of the proposal which includes a sidewalk along
one side of a private gated street. A development agreement will include a requirement
for a Common Maintenance Plan with open spaces to be maintained by a Home Owners
Association. These features, together with lot coverage of 45% or less on the lots
proposed for this preliminary plat, will provide light, air and privacy for future residents
that will constitute appropriate provisions for open spaces:
(6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
Complete stormwater management and drainage design plans, specifications and
calculations must be submitted pursuant to the Eastern Washington Stormwater Manual
and the City of Yakima Stormwater Management Guide. On-site drainage will be
permitted by methods to be reviewed and approved by the City. The MDNS imposes
specific and general conditions which will constitute appropriate drainage provisions for
this preliminary plat.
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA #001-10
15
(7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: Title 12 requires full frontage improvements along the
east side of North 80th Avenue and the south side ofScenic Drive consisting of full height
curb, gutter, sidewalks and street lighting from the south line of the development on
North 80th Avenue to the east line of Lot 1 on Scenic Drive. The access to Lot 1 will be
as far to the east side of the lot as possible. The only deviation. from the City street
standards is the proposed 20 -foot -wide private street within the. gated community and the
sidewalk that will be constructed around the inside edge of the private road rather than
along the outer edge of the roadway. The private street is designed for one-way traffic in
and out of the subdivision. if approvedby the City engineering staff, the street may be
slightly less than 20 feet wide near the 20 -foot -wide gate. The City engineering staff has
accepted the street and sidewalk proposal so long as the street remains private. If the
street is ever to be made public, it will have to be reconstructed to meet the City standards
at that time. As proposed and conditioned, appropriate provisions will be made for
frontage streets and interior streets.
(8) Subsection 14.20.100(4)(e) Appropriate provisions for transit stops:
Appropriate provisions will be made for additional transit stops for this development as
the need arises.
(9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: All lots will be served with public
domestic water and water for fire protection purposes by the Nob Hill Water Association
which will constitute appropriate provisions for water for the development.
(10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There will be appropriate provisions for sanitary waste disposal for the
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA #001-10
16
proposed preliminary plat in, the form of public sewer service provided in accordance
with the City of Yakima's Title 12 standards. Each lot shall be served by public sewer
service which shall extend to the west to North 80th Avenue and north to Scenic Drive.
(11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: Appropriate provisions for parks and recreation areas for this proposed
preliminary plat/planned development exist for this proposal due to the large size of the
lots, the open spaces in "Tract A" and the availability of recreational opportunities in the
area such as the Cowiche Canyon Conservancy trailhead across Scenic Drive to the west
of the subdivision.
(12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds:
Appropriate provisions for playgrounds exist within this proposed preliminary
plat/planned development due to the large lots and open spaces within the development..
(13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and
school grounds. The nature of this development and the absence of comments from the
School District to suggest that this preliminary plat will lack appropriate provisions for
schools and school grounds satisfy this requirement.
(14) Subsection 14.20.100(4)(k) =- Appropriate provisions for sidewalks:
Since the proposed plat will have sidewalks along its frontage on public streets and will
have an interior sidewalk along the private gated street, the proposed plat will make
appropriate provisions for sidewalks.
(15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning
features that assure safe walking conditions for students who walk to and from
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA #001-10
17
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school: There was no evidence presented at the hearing of a need for other planning
features to be provided within this preliminary plat/planned development in order to
make appropriate provisions for safe walking conditions for students who walk to and
from school.
(16) Subsection 14.20.100(5) — Public use and interest: The evidence indicated
that this proposed preliminary plat/planned development will be consistent with
neighboring land uses and will help serve the residential needs of this area. With the
recommended conditions, it will comply with the City's zoning ordinance,
Comprehensive Plan and subdivision ordinance. It will. also make appropriate provisions
for the public health, safety and general welfare, open spaces, drainage ways, streets,
transit stops, potable water, sanitary waste disposal and sidewalks and is in a location
where additional provisions for parks, playgrounds, schools or separate walking paths to
school have not been recommended or deemed necessary.
M. Consistency Analysis under Subsection 16.06.020(B) of the Yakima
Municipal Code. The following analysis involves the consistency of the preliminary
plat/planned development with applicable development regulations, or in the absence of
applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth
Management Act and the Yakima Municipal Code. During project review, neither the
City nor any subsequent reviewing body may re-examine alternatives to, or hear appeals
on, the items identified in these conclusions except for issues of code interpretation.
(1) The type of land use contemplated by the proposal (a residential
development) is permitted on this site so Iong as it complies with the conditions of the
SEPA Mitigated Determination of Nonsignificance and the conditions imposed by the
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of"Scenic Estates"
PLP #001-10; PD 001-10; SEPA #001-10
18
Yakima City Council, as well as the regulations of the zoning ordinance, subdivision
ordinance, building codes and other applicable regulations.
(2) The level of development (lot size, contemplated density) with the proposed
large lots will not exceed the allowable level of development in the Suburban Residential
(SR) 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 would insure that adequate infrastructure and public facilities are available for
the proposed preliminary plat/planned development.
(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/planned development which have been discussed in detail above. With the MDNS
conditions and the additional recommended conditions, the proposed preliminary
plat/planned development will be consistent with the development standards of applicable
City ordinances.
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions:
(1) The Hearing Examiner has jurisdiction to recommend to the Yakima City
Council the approval of a proposed preliminary plat and planned development pursuant to
Section 14.20.100 of the subdivision ordinance and Section 15.28.030 of the zoning
ordinance.
(2) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for
this proposed preliminary plat/planned development on March 26, 2010, which contains
required mitigation measures that became final without any appeal.
(3) The proposed preliminary plat -and planned development of Scenic Estates,
with the conditions detailed below, is in compliance with the City's 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
J BS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of"Scenic Estates"
PLP #001-10; PD #001-10; SEPA #OOI-10
19
•
stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and
sidewalks; and, according to the weight of the evidence presented at the hearing, does not
require that specific provisions be made for the other requisite plat considerations such as
additional schools, additional schoolgrounds or additional planning features that assure
safe walking conditions for students who only walk to and from school.
(4) This proposed preliminary plat and planned development is in compliance with
the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the proposed
13 -lot preliminary. plat and planned development of Scenic Estates described in the
application and related documents which are assigned file numbers PLP #001-10, PD
#OO1-10 and SEPA #001-10 be APPROVED, subject to compliance with the following
conditions:
A. General. Conditions:
(1) All proposed construction is subject to plan review, inspections and permits.
B. Planned Development Conditions:
(1) The applicant and City of Yakima shall enter into a Development Agreement
codifying all development standards and conditions of approval prior to final plat
approval to be finalized and recorded in accordance with RCW 36.70B and all other laws
applicable to development agreements.
(2) .As a condition of the Development Agreement the streets within the planned
development shall be required to be private and shall never be accepted by the City of
Yakima as publicstreets, unless reconstructed to City Standards.
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA 400E-10
20
(3) The draft Development Agreement shall be modified to include a summary of
public meetings.
(4) The section of the Development Agreement relative to Minor Modifications
shall be changed so that Minor Modifications will undergo Type (2) Review.
(5) The nine mitigation measures of the SEPA MDNS (SEPA #001-10) dated
March 26, 2010, shall be completed prior to final plat approval.
(6) The Development Agreement shall require a Home Owners Association with
by-laws that must maintain Tract A of this development in accordance with a Common
Area Maintenance Plan for said Tract A.
C. Subdivision Conditions of Approval:
(1) A current title certificate shall be submitted to the City of Yakima Department
of Community and Economic Development consisting of a report listing all parties
having an interest in the "land" to be divided and a legal description of the "land."
(2) A note shall be placed on the face of the final plat stating: "The streets within
this plat are private and do not meet the standards for public streets. If the streets are ever
to be made public, they will have to be constructed to meet the City Standards at that
time."
(3). The developer shall submit detailed plans for frontage improvements, private
roads and sewer connections to the City Engineer for approval, and shall build or bond
said improvements prior to approval of the final plat in accordance with Title 12 of the
Yakima Municipal Code.
(4) All addresses shall be as specified in the findings of this recommendation and
must be clearly shown on the face of the final plat. In addition, the following note shall
be placed upon the face of the final plat: ``The addresses shown on this plat are accurate
as of the date of recording, but may be subject to change". The City of Yakima Building
Codes Division is responsible for the confirmation or reassignment of addresses at the
time of building permit issuance.
(5) Minimum eight -foot -wide utility easements mustbe dedicated along the
frontage of each lot in the subdivision in accordance with Section 12.02.020 of the
Yakima Municipal Code.
JBS Properties
Vicinity of 707 No. 80th Ave.
13 -Lot Plat of "Scenic Estates"
PLP #OO1-10; PD #001-10; SEPA #OOI-10
21
(6) All irrigation lines and easements shall be shown on the face of the final plat
in accordance with Section 14.20.050 of the Yakima Municipal Code.
(7) The final plat shall be prepared by a land surveyor, registered in the State of
Washington, and contain all requirements of Section 14.20.200 of the Yakima Municipal
Code and comply with all applicable conditions.
DATED this 6th day of May, 2010.
JBS Properties
Vicinity of 707 No. 80`'' Ave.
13 -Lot Plat of "Scenic Estates"
PLP #001-10; PD #001-10; SEPA #001-10
22
Gary M. Clier, Hearing Examiner
•
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. .1. /1-t
For Meeting of: June 15, 2010
ITEM TITLE: Adoption of a Resolution approving the Preliminary Plat of Scenic Estates
SUBMITTED BY: Michael A. Morales, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Alice Klein, Assistant Planner, 576-6693
SUMMARY EXPLANATION:
In a public hearing held before the Yakima City Council on June 1, 2010, preliminary approval
was granted for the plat of Scenic Estates. This long plat will subdivide approximately 12.9
acres of R-1 zoned property into 13 single-family lots. A resolution has been drafted by the
Legal Division to approve the proposed Preliminary Long Plat. You are requested to formally
adopt the resolution granting this project preliminary approval.
Resolution X Ordinance Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Adopt the resolution granting preliminary approval
BOARD RECOMMENDATION:
COUNCIL ACTION: