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HomeMy WebLinkAbout1979-2251 REZONE PROEPRTY AT 48TH AVENUE & SUMMITVIEW AVENUE. • ORDINANCE NO. 5/ AN ORDINANCE accepting the recommendation of the Planning Commis- sion and rezoning property at 48th Avenue and Summit- . view Avenue from R-1, Single-Family Zone, to Planned Development Zone. 410 WHEREAS, pursuant to due and legal notice, the City Council of the City of Yakima held a hearing on the 18th day of December, 1978, upon the recommendation of the Planning Commission that real property situated at 48th Avenue and Summitview Avenue in the City of Yakima, Washington, the legal description of which is set out hereinbelow, be rezoned from R-1, Single-Family Zone, to Planned Development Zone, and 41 1 WHEREAS, as a result of its public hearing, the City Council finds that the General Plan of the City contemplates a low density residential use for the property for which the rezone is sought, and that "low density residential use" is defined by the General Plan as containing from zero to six dwelling units per net residen- tial acre; that the development planned for that property proposes a residential use containing 5.97 dwelling units per net residen- tial acre; that the streets, and sewer and water lines and faci- lities, within the area to be developed will be privately owned and maintained; that provision is to be made to accommodate motor vehicles by the provision of garages and other offstreet parking facilities within the proposed development; that the public streets within the vicinity of the property proposed for rezone are adequate and safe for traffic anticipated to be generated by the development; that the proposed development is aesthetically pleasing and consis- tent with other residential development in the area; and that testimony was given at that hearing by people who are prospective property owners within the area to be 'developed who desire the 410 type of housing to be furnished by such a development, and WHEREAS, from the foregoing findings, the Yakima City Council concludes that the proposed rezone is in accord with good planning and with the General Plan of the City of Yakima; that the needs of the City and community do require such change and that the highest and best use of said property is for Planned Development Zone, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The recommendation of the Planning Commission of the City of Yakima that the following described real property situated at 48th Avenue and Summitview Avenue in the City of Yakima, Washington, and more particularly described as follows, to wit: The west half of the northwest quarter of the southwest quarter of Section 22, Township 13 North, Range 18, E.W.M., EXCEPT the west 380 feet of the north 202.5 feet thereof for roads, be rezoned from R-1, Single-Family Zone, to Planned Development Zone be, and the same is hereby, approved and said real property is hereby rezoned to a Planned Development Zone, all in accordance with, and to conform to, the final development plan and program 410 therefor approved by the Yakima Planning Commission, a copy of which is attached hereto and by reference made a part hereof; provided, the rezone granted by this ordinance is conditional on the modification of the development plan and program so that the capacity of the surface water drainage storage basin to serve the development shall be increased to 30,000 gallons. Section 2. The above change in zoning shall be included and depicted on the next regularly amended Use District Map pre- pared by and for the City. Section 3. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this 41, ordinance. Section 4. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as pro- vided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of -alt.A.A.40,1t, 1979. 411, 1 ATTEST: 0 • AP _ , g__ City On-r -2- Deb A„oq51 • 0 FINAL DEVELOPMENT PLAN AND PROGRAM FOR THE SUMMITVIEW Plan Elements It is respectfully submitted that the Plan Elements as required by Yakima City Code 12.50.050(1)--(14) are contained in the maps heretofore submitted. With reference to 12.50.050(15) the developer anticipates that he will complete all ground level- ing, filling and underground work during November and December of 1978 and January and February of 1979. Thereafter the developer will construct the streets at least to the gravel stage in the vicinity of any building. It is anticipated that the entire project will take about three years to complete. Program Elements 1. Statement of Goals and Objectives: The principal goal and objective is, of course, to construct on the entire tract, at a profit for the developer, a beautifully and uniquely designed and landscaped condominium complex consisting of not more than one hundred condominium units with a clubhouse, swimming pool and tennis court. It is sincerely believed that it is in the public interest that this facility be constructed because there has been an increase in demand for condominium living in Yakima and a number of people have expressed interest in living in this particular condominium. • The density will be less than any other condominium constructed by Glascam Builders. The development is consistent with the general Plan. 2. Market Analysis: A market analysis has previously been submitted in connection with the preliminary development plan and program and it is respectfully submitted that this should suffice. 3. Resources Available to. Develope the Project: The developer has adequate funds with which to develope this project. 4. Table Showing Total Number of Acres, Distribution of. Area by Use and Density: This has previously been .submitted either by way of the map supplied by the developer or in the preliminary plan and program. 5. Tables Indicating Overall Density and Density by Dwelling Types and any Proposal for Limitation of Density: This has previously been submitted either by way of maps supplied by the developer or in the preliminary plan and program. 6. Restrictive Covenants: Because this is a condominium, there will be no restrictive covenants as such. In the place of restrictive covenants there will be a Condominium Declaration and By-Laws which will be substantially the same as all of the other Condominium Declarations and By-Laws that the developer has 4111 filed in connection with the formation of a number of other 4111 Glascam condominiums in the City of Yakima. The Condominium Declaration and By-Laws will provide for assessments for the maintenance of all the common areas which include not only the open spaces but the clubhouse, swimming pool, tennis court and the exterior of the buildings and landscaping. 7. Development Time Table: As previously indicated, the ground work and under- :ground work will be commenced immediately upon approval by the City and will be completed during the coming winter. It is hoped that this time table will minimize any dust problems that might occur. The total project will be completed within a period of approximately three years. 8. Dust Control: The developer has met with Mr. Crossland of the Clean Air Authority and has agreed with Mr. Crossland to the following: (a) Depending on weather and soil conditions, the developer will sprinkle the entire site prior to excavation or filling. (b) After the leveling has been completed, the developer will again sprinkle the entire site, especially areas where fill dirt has been put in place provided that rainfall or snowfall does not accomplish the same result. (c) The developer will complete all ground leveling, filling and underground work during the winter months of 1978-79. (d) Upon completion of ground leveling and filling, the entire site will be seeded with rye seed or some other ground cover seed and the developer will, if necessary to ensure germination and growth, sprinkle such seed. 4110 (e) Streets will be constructed and at least graveled in the area of any construction prior -1- 4110 to such construction such that vehicles traveling to and from the construction site or sites will be using streets which are at least covered with gravel. (f) Water meters will be obtained by the developer and installed in areas of construction prior to commencement of construction. 9. Height of Certain Condominium Units: The condominiums to be constructed in the Northeast corner of the property containing eighteen units will be two levels in height and will have a height of approximately 27 feet above the ground, but in no event will they rise more than 10 feet above the Summitview Avenue street level. The condominiums to be constructed along 46th Avenue, with the exception of the Southerly most cluster, will be one level with a daylight basement and will have a maximum height of 16 feet above 46th Avenue as it is to be constructed. 10. Exit on 46th Avenue: The exit on 46th Avenue will be a fire exit only. 11. Wall: The wall surrounding the property will be offset with plantings automatically irrigated. The wall itself will either be of masonry construction with a stucco finish or slump block. 12. Construction of 46th Avenue: The developer will deposit with the Association of •Apartment Owners of the condominium to be formed, a sum of money equal to one-half the present day cost of improving 46th Avenue 4110 and at such time as a local improvement district is formed for -4- 4111 the purpose of improving 46th Avenue, the developer and/or the Association of Apartment Owners shall pay one-half the cost of such improvement. If an L.I.D. is not formed within a period of seven years from the date of final approval of this project, the money will be refunded to the developer. The Condominium Declaration and/or By-Laws will contain provisions with reference to the money to be deposited with the Association such that it cannot be used for any other purpose and to ensure that it will be used in conformity with the teLms of this final plan and program. G .- q' :. DERS, INCORPORATED • alb ■ an • 1:111filer. c.,-__, - o , 0 F. WHITAKER I :- Attorney 4 11 1 -5- Amm. MODIFICATION OF FINAL DEVELOPMENT PLAN AND PROGRAM FOR THE SUMMITVIEW There has heretofore been submitted a final development plan and program which has incorporated within it all of the recommendations of the staff and planning commission. Subsequent to the submission of that final development plan and program it has come to the attention of the developer that (1) the neighbors still object to its density, and (2) that the developer's contract vendors wish to retain two lots along the Easterly boundary of the development and do not wish to have them included within the proposal. Therefore the developer wishes to modify its final development plan and program as follows: DENSITY The developer will reduce the density by (a) reducing from 18 to 12 the number of condominiums which will be situated in the Northeast corner of the property; (b) by reducing from duplexes to single family residences six additional condominium units located generally along the Southerly portion of the development; and (c) eliminating entirely one unit by reason of the elimination from the entire project of the two lots above referred to and discussed hereinbelow. Thus, the maximum number of condominium units which will be constructed will be 87 instead of 100. The developer calculates that the net residential acreage will be 14.57 and thus the density will be 5.97 residential units per net residential acre or slightly less than the maximum units allowed in an R1 zone. DELETION OF PROPERTY The map which is submitted herewith shows the deletion of 14,000 square feet or the equivalent of two city lots from the development. Glascam Builders is presently purchasing under contract the entire property including these two lots. The contract originally provided that if the sellers wished they would be entitled to two lots or in the alternative a specified amount of money was to be added to the contract purchase price if they did not want two lots. The developer believed until recently that the contract sellers did not want two lots but rather an additional sum to be added to the 1111 • contract purchase price. The contract sellers have now made it clear that they want two lots and do not want them included in the project; hence the elimination of 14,000 square feet from the development. Glascam will deed the 14,000 square feet as shown on the map to its contract sellers and will deed to the City the right of way required along 46th Avenue such that the City is certain that it has the required right of way and will not be subject to having to bargain with Glascam's contract sellers. The property which is to be eliminated will not be within the fence surrounding the development. The sidewalk that Glascam IP to construct will continue in a straight line past the eliminated property and will abut 46th Avenue. GLAS = • ILDERS, TNCORPORATED By 4■10 RO ALD F. WHITAKER Of Walters, Whitaker, Finney .& Falk Its Attorneys 1111 -2- 411 AMENDMENT TO FINAL DEVELOPMENT PLAN AND PROGRAM FOR . THE SUMMITVIEW Subsequent to the submission of the Final Develop- . ment Plan and Program for The Summitview, the developer has met with the staff, representatives of the neighbors and amends paragraph 12 of the Final Development Plan and Program dealing with the construction of 46th Avenue as follows: Immediately East of the Glascam property line the City of Yakima at the present time has an easement for construction of half the street with the exception of some orchard property owned by Mr. Rosankranz situate about equal distance between Chestnut and Summitview Avenues. The City has not acquired any right of way from Mr. Rosankranz and the indications are that Mr. Rosankranz does not wish to dedicate any right of way to the City. Representatives of the persons living on 46th Avenue at the present time indicate that they would like to have the street completed to the point where the right of way ends with a means provided for turn around for post office vehicles and other vehicles. In meeting with the planning staff and the City Engineer it appears that a feasible means of providing the turn around at each terminus of 46th Avenue would be to place at each 1111 • . • S LID is not formed by March 31, 1979, Glascam will escrow the money required to construct one-half of the street as provided in paragraph 12 of the Final Development Plan and Program on file. Further .the emergency gate or gates will be located at the hammerheads. The additional space which will be made available to Glascam where its property borders the Rosankranz orchard will be used by Glascam for additional parking for the condominiums. GIIBUILDERS, INCORPORATED 1101 • NALD F. ITARER Its Attorney -- .. y ' WALTERS, WHITAKER & FINNEY ATTOR AT LAW SUITE SIX. SOS NORTH THIRD STREET POST OFFICE BOX MO III YAKIMA, WASHINGTON 98907 453 -0604 September 21, 1978 Mr. Robert Crossland Yakima Clean Air Authority Yakima County Courthouse Yakima, Washington 98901 Re: Glascaii Development at 48th and Swnmitview Dear Mr. Crossland: This will confirm our conversation in my office concerning the steps that Glascam Builders will take to minimise dust problems at the above development. 1 believe that Glascam agreed to the following: (1) The ground work and underground work will be commenced immediately upon approval of the project by the Yakima City Counial and will be completed during the oaring winter months. III (2) Depending on weather and soil conditions the developer will sprinkle the entire site prior to excavation or filling. (3) After leveling has been completed, the developer will again sprinklethe entire site, especially area where fill dirt has been put in place provided that rainfall or snowfall ) does not accomplish the same result. (4) Upon completion of ground leveling and filling, th© entire site will be seeded with a rya send or some other ground cover seed and the developer will, if necessary to assure germination and growth, sprinkle such seed. (5) Streets will be constructed and at least graveled in the area of any construction prior to such construction such that vehicles traveling to and from tho construction site or sites will be using streets which are at least ` covered with gravel (6) Water meters will be obtained by the developer and installed in areas of construction prior to commencement of construction.