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HomeMy WebLinkAbout2007-028 Right-of-Way Vacation, Vicinity of N. 35th Ave. & River Road; Chesterley Meadows Cottages, LLC Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2007 -28 Street right -of -way vacation / vicinity — N 35 Ave. & River Road Grantor City of Yakima Grantee. Chesterley Meadows Cottages, LLC ABBREVIATED LEGAL DESCRIPTION: The right -of -way of North 35 Avenue as shown on the City of Yakima short plat (parcel 181315- 14412), AF No 1207996, recorded 3 -21 -2001 Commencing at the Northwest comer of Lot 1 as shown on the City of Yakima short plat (parcel no. 181315 - 14412), AF No 1207996, North 90 ° 00'00" East, 113 7 feet to the most Northwesterly corner of North 35 Avenue nght -of -way and the Point of Beginning; (see Exhibit `B' for full legal description.) PARCEL NUMBERS: 181315 -14470 1111 111 11110111111 7592083 Page 1 of 21 12/6712997 e2 57P CITY Or YAKIMA - CODES DI ORO ISO 09 Yakima Co, WA ORDINANCE NO. 2007- 28 AN ORDINANCE concerning land use, planning and right -of -way vacation, approving a Class (2) use, two administrative adjustments, and an environmental review, with conditions, to provide an administrative adjustment for rear setback and sight screening standards, vacating, without conditions, a certain portion of street right -of -way identified as North 35"' Avenue between River Road and the existing Chesterley Meadows facility, all on a certain property located in the vicinity of North 35 Avenue and River Road, Justin Baerlocher, on behalf of Chesterley Meadows Cottages, LLC is the applicant herein. WHEREAS, the Hearing Examiner for the City of Yakima issued a recommendation and decision on March 22, 2007, identified with file numbers UAZO CL (2) #31 -06, UAZO ADM ADJ # 25 -06, EC #39 -06 and UAZO R/W VAC #5-06, which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Hearing Examiner Recommendation and Decision "), approving a Class (2) use application and two administrative adjustments, with conditions, providing administrative adjustments for rear setback and sight screening standards as well as recommending vacating, without conditions, a certain portion of street right -of -way identified as North 35 Avenue between River Road and the existing Chesterley Meadows facility, all on a certain property located in the vicinity of North 35 Avenue and River Road, as more specifically described as Yakima County Tax Parcel No 181315- 14470, and WHEREAS, the City Council finds that the findings and conclusions of the Hearing Examiner Recommendation in response to the requirements of applicable state and local law are correct and appropriate, and that the same should be adopted by the City Council as its findings conclusions, and conditions herein, and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following Now Therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON Section 1 The City of Yakima hereby approves the Class (2) use application, adjustment of a rear yard setback standard from fifteen (15) feet to five (5) feet and adjustment of a sight screen standard from a view - obscuring fence to a wrought iron fence, as described in Class (2) use application UAZO CL(2) # 31 -06, administrative adjustment request ADM ADJ (ic)ord /Chesterley Meadows -Use, Adjustment and Vacation Page 1 of 2 1111 Pagel 2o t21 1 1011 II MEI 1247/2997 ae 57P CITY OF YAKIMA - CODES DI ORD !69 9e Yakima Co, WA #25 -06 and in environmental review matter EC #39 -06, for the property to be known as the Chesterley Meadows Cottages described as Yakima County Tax Parcel No. 181315- 14470, subject to the conditions stated in the Hearing Examiner Decision and Recommendation attached hereto and incorporated herein by this reference as Exhibit "A" Section 2. The City of Yakima hereby vacates that certain portion of street right -of- way described in UAZO R/W VAC #5 -06, identified as North 35 Avenue between River Road and the existing Chesterley Meadows facility, legally described in Exhibit "B ", attached hereto and incorporated herein by this reference, without conditions, in accord with the findings and conclusions set forth in the City of Yakima Hearing Examiner Recommendation and Decision dated March 22, 2007, pursuant to City vacation policy and RCW Chapter 35 79, and are incorporated herein by this reference as if fully set forth herein Section 3. The findings and conclusions of the Hearing Examiner Recommendation in this matter, dated March 22, 2007, attached hereto and incorporated by this reference as Exhibit "A ", are hereby adopted by the City Council as its findings and conclusions in support hereof Section 3 Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 4 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular .meeting and signed and approved this 5 day of June, 2007 • rd Edler Ma m rr ATTEST City Clerk • Publication Date June 8, 2007 Certified to be a true and correct copy of the Effective Date' July 8, 2007 original filed in my office CITY CLERK - A Ki M By !i --- �i 2jh` Deput; -°"" `• 1 1 '; `� SEAL • : (ic)ord!Chesterley Meadows -Use, Adjustment and Vacation Page 2 of 2 - 1 1111 11 111111 111111 111 PI 1111 7592083 Page 3 of 21 CITY OF YRKlMR - CODES 01 ORD t €S &$ Ya Co, WA 57P Exhibit "A" City of Yakima, Washington Hearing Examiner's Decision & Recommendation March 22, 2007 In the Matter of Application for ) Approval of a Class (2) Use with Two ) Administrative Adjustments, SEPA ) UAZO CL (2) #31 -06 Review and Vacation of Street ) UAZO ADM ADJ #25 -06 Right -of -Way Submitted by ) EC #39 -06 ) UAZO R/W VAC #5 -06 Chesterley Meadows Cottages, LLC ) ) For a 36 -Unit Senior Apartment Complex ) With Administrative Adjustment of Rear ) Setback and Sight Screening Standards ) And a Vacated Street for Private Access ) In the Vicinity of N 35 Ave./River Road ) Introduction. The Hearing Examiner conducted a public hearing on March 8, 2007, and has issued this decision and recommendation within ten business days thereof The staff report presented by Associate Planner Mary Lovell recommended approval of the application subject to conditions Applicant's representative, Justin Baerlocher of J -U -B Engineers, Inc testified in favor of the application and the proposed conditions No one testified in opposition to the application A verbal public comment was submitted to Mary Lovell by a neighbor who owns property north of the site who spoke in favor of the proposal and a general written comment was submitted by a resident who requested that appropriate provisions for bicycle and pedestrian traffic be preserved whenever street Chesterley Meadows Cottages, LLC 1 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06, ADM AD.! #25 -06, EC #39 -06, R/W VAC #5 -06 11110110111111 111111111011111111 7592083 Page 4 of 21 12107 /2897 02 57P CITY OF YAKIMA - CODES DI ORD $00 89 Yakima Co, WR vacations are being considered. Summary of Decision and Recommendation. The Heanng Examiner approves this application for construction of a 36 -unit senior apartment complex with adjustments to the rear yard setback and sight screening standards, subject to conditions, and recommends that the Yakima City Council approve the requested street right -of -way vacation to provide a pnvate access around a centralized common area. Basis for Decision and Recommendation. Based upon the Heanng Examiner's view of the site with no one else present on March 7, 2007, his consideration of the staff report, exhibits, testimony and other evidence presented at an open record public heanng on March 8, 2007, and his review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35 79 of the Revised Code of Washington and the City of Yakima's street vacation policies, the Heanng Examiner makes the following FINDINGS Applicant. The applicant is Chesterley Meadows Cottages, LLC through its representative Justin Bacrlocher of J -U -B Engineers, Inc , 2810 West Clearwater Avenue, Suite 201, Kennewick, Washington 99336 Location. The location of the proposal is in the vicinity of North 35 Avenue and River Road, Yakima, Washington and it is tax parcel number 181315 -14470 Application. This master application is for approval of a Class (2) senior apartment complex use with rear yard setback and sight screening administrative adjustments and Chesterley Meadows Cottages, LLC 2 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06; ADM ADJ #25 -06; EC #39 -06, R/W VAC #5 -06, II 7592083 IIHhIIII Page 5 of 21 II 12/87/2887 82 57P CITY OF YAKIMA - CODES 0I ORD $S0 88 Yakima Co, WA vacation of right -of -way for North 35` Avenue south from River Road to allow for a private access around a centralized common area. The requested administrative adjustments are to reduce the rear yard setback from 15 feet to 5 feet from the rear property line and to allow wrought iron fencing similar to existing fencing for the existing assisted living facility at Chesterley Meadows to be utilized along the west and south property lines instead of a view- obscuring fence The street nght -of -way vacation request is for the portion of North 35 Avenue between River Road and the existing Chesterley Meadows facility described in the petition which cannot be extended further to the south because of the existing assisted living facility at Chesterley Meadows The requested street vacation would allow for a common area in the center of the new complex for safer pedestrian travel A petition for this street vacation was submitted to the City Clerk by all property owners adjacent to the proposed vacation on December 29, 2006 On January 16, 2007, the Yakima City Council adopted Resolution No R- 2007 -12 to initiate the street vacation proceedings and to set March 8, 2007 as the date for a public hearing before the Examiner to consider the street vacation request. This decision and recommendation are a result of the evidence presented at that heanng Notice. Notice of the public hearing was provided in accordance with the applicable ordinance requirements as follows Posting of hearing notice on property January 18, 2007 Mailing of hearing notice to owners within 500 feet January 19, 2007 Publishing of hearing notice in Yakima Herald- Republic January 19, 2007 Posting of hearing notice in three public places January 19, 2007 Environmental Review. Notice of environmental review was circulated for this proposal and two written agency comments were received during the 20 -day comrnent period A Determination of Nonsignificance was issued on February 13 2007 following Chesterley Meadows Cottages, LLC 3 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06; ADM ADJ #25 -06, EC #39 -06, R/w VAC #5 -06, Pap 7592083 21 CITY OP YAKIMA - CODES DI ORD 968 96 Yakima Co, WA 57P the requisite 20 -day comment period. The appeal penod expired on February 27, 2007 without any appeal being filed. The two written agency comments were 1) From the Washington State Department of Ecology - a) Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides The Department of Ecology recommends that the soils be tested and potential buyers notified if contaminants are found at concentrations above the MTCA clean up levels b) The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of water nghts Actions that are different than the existing water right are subject to approval from the Department of Ecology c) An NPDES Construction General Permit is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground 2) From the Washington State Department of Transportation. a) WSDOT recommended that the City require the developer to contribute pro rata to the improvements to the US 12/40` Avenue/Fruitvale Boulevard interchange project in proportion to the impacts of this proposal. (The age of the occupants of the senior apartment complex led to a subsequent deterrrunation that it is exempt from Transportation Capacity Management Ordinance review due to the fact that it will not likely generate ten or more PM weekday peak hour trips and the proposal therefore was not required to contribute for traffic impacts ) b) WSDOT noted that any outdoor advertising or motorist signing for this project will need to comply with State criteria Transportation Capacity Management Ordinance. This proposal is exempt under the City's Transportation Capacity Management Ordinance because the City of Yakima Traffic Engineering Division has determined that it is expected to generate less than 10 weekday PM peak hour trips Zoning and Land Uses. The subject property is in a Multi - Family Residential (R -3) zoning district and is vacant land except for North 35 Avenue which was constructed Chesterley Meadows Cottages, LLC 4 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06 ADM ADJ #25 -06 EC #39 -06 R/W VAC #5 -06 11111 1111111111111111111111 II 11 11111111 7 592 c 8 21 iare S2 5 ?P CI ?Y OF YAKIMA - CODES DI ORO $68 88 Yakima Co y 11R through the center of the site River Road and North 35 Avenue are classified as local access streets Adjacent properties have the following charactenstics Direction Zoning Land Use North CBDS Mixed RestdentiaUCommercial East M -1 Mixed Industnal/Fraternal Facility South R -3 Senior Residential Care Facility West R -2 City Park Review Criteria. This proposal has been referred to the Heanng Examiner for Class (3) review with a public hearing as part of a Master Application The application seeks the Hearing Examiner's approval of a Class (2) senior apartment complex with administrative adjustments and the City Council's approval of a street nght -of -way vacation after a recommendation from the Hearing Examiner The Class (2) senior apartment complex review cntena are the same as the Class (3) use review cntena, the difference being that Class (2) uses are generally permitted in the district and Class (3) uses are not generally permitted in a distnct. In either case, the Hearing Examiner's findings and conclusions are required to set forth specific reasons and ordinance provisions demonstrating that his decision satisfies the following requirements set forth in Subsection 15 04 020(2) under the procedure set forth in Subsection 15 15 040(5) of the Yakima Urban Area Zoning Ordinance (UAZO) 1 Compliance and Compatibility with the Objectives and Development Criteria of the Comprehensive Plan. The proposed use satisfies this requirement. The Future Land Use Map (map III - 3) of the Comprehensive Plan designates the subject property as suitable for medium - density residential development. A senior apartment complex is residential development that is compliant and compatible with Objective G1 which is to encourage the physical development of the Yakima Urban Area in a manner that enhances its image as the cultural and business center; Policy C2 3 which is to allow Chesterley Meadows Cottages, LLC 5 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06, ADM ADJ #25 -06, EC #39 -06 R/W VAC #5 -06, 7592083 a f 21 CItY OF YAK1f1A -CODES DI ORD !68 6A Yakf a2Co0 57P and encourage small scale mixed -use retailresidential/professional development within neighborhoods, and Policy G9 5 which is to encourage commercial, industrial, office and multi - family development to locate in distinct clusters in planned growth areas 2. Compliance and Compatibility with the Intent and Character of the Multi - Family Residential (R -3) Zoning District. Subsection 15 03 030(4) of the UAZO provides that the intent of the R -3 zoning distnct includes the location of residential developments in areas receiving the full range of urban services near neighborhood shopping facilities where traffic does not pass through lower - density residential areas The proposed senior apartment complex is designated as a Class (2) use in the R -3 zoning distnct under the listing "Retirement Homes " Class (2) uses are generally permitted and are usually evaluated by the Zoning Official except, as in this case, where it is referred to the Heanng Examiner as part of a Master Application or for some other reason The Hearing Examiner may approve, deny or impose conditions on the proposed use to promote compatibility with the intent and character of the district and the objectives and development criteria of the Yakima Urban Area Comprehensive Plan 3 Compliance with the Provisions and Standards Established in the Zoning Ordinance. Applicable zoning ordinance provisions and development standards include i) Development Services Team. The following standards were noted as a result of the Development Services Team meeting held for this proposal on January 10, 2007 a) Code Administration. There is plenty of fire flow available to this site per the City Water Division Worst case requirement is 2500 gpm, and Mike Shane stated that 3500 gpm is available. Building plans should spell out on the cover page the justification for allowable area and code sections for not spnnklenng the buildings Chesterley Meadows Cottages, LLC 6 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06, ADM ADJ #25 -06, EC #39 -06 R/W VAC #5-06 11111111111111111111111111111111 1111111 ag : 9 o 21 CITY OF YAKIMA - CODES O1 ORO !SS 99 L / a 2 Co, N 57P h) Engineenng Division For stormwater requirements and guidance, the proponent should refer to the City of Yakima Stormwater Management guide and the website for the Eastern Washington Stormwater Manual Engineering will want to see the detailed stormwater design and the runoff and capacity calculations supporting the design. Title 12 requires sewer and water extensions along with the required dedicated easements A roadway to be built to city standards with curb, gutter, sidewalks and street lighting and on -site drainage will be required Sidewalks constructed to City standards shall be installed on the River Road frontage of the development. c) Traffic Engmeenng The proposed 36 -unit senior apartment development is exempt from Transportation Concurrency since it is not expected to generate 10 or more PM Peak hour vehicle traps The Streets and Traffic Division has no objection to the vacation of this portion of North 35 Avenue. Appropriate signage and pavement marking will be necessary to enforce the one -way loop of the proposed private street and parking. A sidewalk is recommended along the frontage of River Road d) Water Division 3,500 gpm is available to the site from the existing looped 12 -inch waterline in North 35 Avenue There are three 2 -inch domestic services, one 4 -inch domestic service and four 6 -inch fire services stubbed at vanous locations throughout the existing property A water extension will be necessary only if the existing 12 -inch waterline needs to be abandoned and relocated due to the project. A 16 -foot easement is required for all public waterline facilities on private property, including the existing waterline located in the existing North 35 Avenue nght -of -way being vacated There is an existing fire hydrant off of the looped 12 -inch waterline on North 35 Avenue, approximately 250 feet south of River Road. All new fire hydrants and fire spnnkler services for the site need to be determined by the Codes Division and Fire Department. No City of Yakima irrigation water is available Civil engineering drawings need to be provided and show all existing and proposed public water facilities Detailed design comments will be provided during formal plan review Approved backflow protection is required on all fire sprinkler services and on domestic services for buildings 35 feet high or higher Connection and service installation charges will depend on the size and number of water services and meters required. All water service installation, water facility adjustments or abandonments will be completed by the City of Yakima at the owner's expense e) Wastewater Each building requires a side sewer An adequately -sized easement (16 feet to 20 feet wide) is needed, and the line is to be "public" with Chesterley Meadows Cottages, LLC 7 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06, ADM ADJ #25 -06, EC #39 -06 R/W VAC #5 -06 IM 7592 I Page lA of 21 997 I 12re7 e 2 5 P CITY OF YAKIMR - CODES DI ORD $68 OS Yakima Co, WA manholes To waive connection fee, pipe needs to be extended to the northeast edge of property Site plan needs to show where buildings are to connect. f) Parks and Recreation No staff member from the Parks and Recreation Division was present at the DST meeting However, the applicant has submitted a letter from the Parks and Recreation Manager to verify that permission has been granted to allow a 20- foot -wide emergency access route into the parking lot at the park. The driveway should be used only for emergencies, and `proper signage is required to limit access Up to three trees will have to be removed and should be replaced in a location to be approved by the City Arbonst. All costs for the emergency dnveway and repair of any construction- related damage to the park will be the developer's responsibility ii) Zoning Ordinance Standards. The zoning ordinance standards applicable to the proposal, and the analysis regarding the requested adrmmstrative adjustments of the rear yard setback and sight screening standards, are as follows a) Building Setbacks with Rear Yard Adjustment Building setback requirements in Chapter 15 05, Table 5 -1, of the UAZO would be provided for this development except for a requested reduction of the rear yard setback standard from 15 feet to 5 feet from the rear property line The purpose of setbacks in residential distracts is to provide privacy, light, air and emergency access ((Subsection 15 05 020(D) of the UAZO)) The requested adjustment would allow for a larger common area in the center of the complex that would provide overall greater pnvacy, light, air and emergency access for the units This adjustment may be allowed if it satisfies at least one of the five criteria listed in Section 15 10 020 of the UAZO This requested adjustment does satisfy one of the listed criteria because it would permit desired flexibility with the design and placement of structures and other site improvements under Subsection 15 10 020(4) of the UAZO Specifically, it would allow a larger common area in the center of the complex for the use and enjoyment of all the residents and it would create a more open facility It would also simplify maintenance in the rear between the building and the fence and would make the rear yards of the proposed use the same as the side yards of the same property where a 5 -foot setback is allowed It would not impact any easements or structures along backyard property lines Neighboring property includes a landscaped area and a parking lot for the existing complex The nearest structure from the rear property line is 85 to 105 feet away The purposes of the rear setback are further served by the requested wrought iron fence for back yards abutting Chesterley Park which would preserve light, air and views for the first -floor units there in addition to allowing the larger common area Chesterley Meadows Cottages, LLC 8 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06, ADM ADJ #25 -06, EC #39 -06, R/W VAC #5 -06, 111 10311111111111101 111111 111 7592083 Page 11 of 21 1247/2807 S7P CITY OF YAKIMR - CODES 0I ORD !SS 09 Yakima Co, WA b) Sight Screening with Adjustment. Chapter 15 07 and Table 7 -1 of the UAZO establish site screening standards to provide a visual buffer between uses of different intensity, streets and structures, to reduce erosion and stormwater runoff, to protect property values, and to eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, buildings or parlung areas The application requests an administrative adjustment allowing a wrought iron fence rather than a view - obscuring fence along the west and south property lines This adjustment likewise may be allowed if it satisfies at least one of the five cntena listed in Section 15 10 020 of the UAZO This application satisfies two of the listed cntena because it would coordinate development with adjacent land uses to the west and south and it would permit desired flexibility with the design and placement of structures and other site improvements under Subsections 15 10 020(4) and (5) of the UAZO The wrought iron fence would blend in with neighbonng property It would be an extension of an existing wrought iron fence on the west side of the existing Chesterley Meadows complex which is attractive and functional It allows more light and air for the ground floor units It also permits those units to have a view of Chesterley Park rather than merely a nearby fence The fact that the use of this type of fence in this location has already proved to be an attractive and effective way to coordinate development of this type with the adjacent City park makes it an easy decision to allow the requested adjustment on the west property line abutting the City park and the south property hne abutting the existing assisted living facility at Chesterley Meadows c) Parking The parking standard for multi- family dwellings prescribed by Table 6 -1 in Chapter 15 06 of the UAZO is 1 5 parking spaces for each dwelling unit. The 88 parking spaces shown on the site plan are well in excess of the requisite 54 parking spaces required by Table 6 -1 d) Signage A sign plan was not submitted with this application, but any proposed signage must conform to sign standards as set forth in Chapter 15 08 of the UAZO e) Public Facilities Adequate public water and sanitary sewer currently serve this site Criteria for the Vacation of Street Right -of -Way. City policy provides the following specific cntena to be considered in determining the propriety and requisites of street nght -of -way vacations Chestertey Meadows Cottages, LLC 9 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06; ADM ADJ #25 -06 EC #39 -06 R/W VAC #5 -06, 111111 789208 of 21 �� 12/$7/2697 62 57P CITY OF YAKIMA - CODES DI ORD X69 99 Yakima Co, WA 1. Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed vacation would allow a dead -end 50- foot -wide 495- foot -long right -of -way serving the existing Chesterley Meadows Assisted Living Facility to become a pnvate street. This would allow the street to circle around a common area in the center of the proposed complex This area would provide more open space for the complex and a safer area for residents to walk through the site, and to walk to and from the assisted living facility, and to walk to and from Chesterley Park The existing street improvements with curb, gutter and sidewalks were constructed by the developer in 2001 when the plans were to include retail and residential uses on the property After the property changed hands, the retail uses were deleted and a new pedestrian- friendly design for the senior apartment complex includes a centralized common arca which the private access would circle around. The existing street which goes straight through the middle of the property to the existing assisted living facility does not allow the centralized common area that is an important design feature of the proposed complex The proposed vacation is limited to the portion of North 35 Avenue between River Road and the existing assisted living facility to the south That facility prevents future extension of North 35 Avenue to the south That portion of North 35 Avenue could never serve any property other than the existing facility and the proposed complex The proposed vacation would also have the secondary public benefit of relieving the City of maintenance responsibilities and retunung the property to the tax rolls 2. Necessity for the Right -of -Way as Access to Property Approval of the request would not eliminate the sole means of access to any parcel of property There would continue to be access to the existing assisted living facility and to the proposed senior apartment complex from River Road The only difference would be that it would be a private access rather than a dead -end public street. Chesterley Meadows Cottages LLC 10 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06, ADM ADJ #25 -06, EC #39 -06, R/W VAC #5 -06, 1110111111111111No111 1111 g92083, 21 12197/2887 82 57P CITY OF YAKIMA - CODES 01 ORD 0 99 Yakima Co, WR 3 Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. Neither the current Transportation Improvement Plan nor the City's Comprehensive Plan nor any other official City plan have any use planned for this portion of North 35 Avenue other than access to the existing assisted living facility and the proposed senior apartment complex which would be accomplished by the proposed pnvate street. 4 Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. No further development of the area could utilize this public street nght -of -way It cannot be extended further south from River Road because of the location of the existing assisted living facility it serves Vacation of the right -of -way is consistent with the existing facility that would continue to be accessed by a pnvate street. Vacation of the nght -of -way is also consistent with the proposed complex because a pnvate street around a centralized common area would provide a better design for that complex. Both the existing facility and proposed complex are consistent with R -3 zoning and infill goals 5 Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. The existing sewer line and utilities other than the existing water line are proposed to be relocated with new easements at the expense of the developer The water line that runs in the existing nght -of -way is proposed to remain in its current location with a 16- foot -wide easement. 6 Fair Market Appraisal and Compensation to the City The portion of North 35` Avenue here involved was dedicated to the City as a condition of approval of Short Plat SP 7207996 and was constructed at the developer's expense in 2001 No improvements to this street section have been made by the City Compensation to the City is therefore not necessary under City Resolution D -5630 because the City has neither purchased, maintained nor tmproved the street nght -of -way proposed for Chesterley Meadows Cottages, LLC 11 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #11 -06 ADM ADJ #25 -06, EC #39 -06 R/W VAC #5 -06, 7'S92083 Page 14 of 21 CITY OF YAKIMA - CODES DI ORD I58 88 12/07/2887 akimao, WA 57P vacation, and no planned or anticipated public purpose exists for maintaining that street right -of -way area. Consistency of the Proposed Uses with Development Regulations and the Comprehensive Plan under the Criteria Required by Section 16.06.020B of the Yakima Municipal Code. Compliance with Section 16 06 020B of the YMC is determined by consideration of the following factors 1 The types of land uses permitted at the site. The proposed senior apartment complex is a Class (2) use in the R -3 zoning district that is permitted at the site so long as the critena for approval of the proposed use are satisfied, as is the case here 2. The density of residential development or the level of development such as units per acre or other measures of density The density of the development is consistent with development regulations for the zoning distnct, having in mind that pertinent adjustment critena justify allowing the rear yard setback and sight screening adjustments discussed above 3. The availability and adequacy of infrastructure and public facilities. Infrastructure and public facilities such as public water and sewer, streets and public services for the site are available and adequate for the proposed senior apartment complex which was determined to be exempt from the Transportation Capacity Management Ordinance 4 The characteristics of the development. The proposal is consistent with the development regulations and comprehensive plan considerations that were discussed above, having in mind that the pertinent cntena justify the rear yard and sight screening adjustments discussed above CONCLUSIONS Based upon the foregoing findings, the Heanng Examiner concludes as follows 1 The Heanng Examiner has junsdiction to approve Class (2) uses and administrative Chesterley Meadows Cottages LLC 12 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06; ADM ADJ #25 -06 EC #39 -06, R/W VAC #5 -06; 11111111111111111111111111111111111 7'592083 Pap: 15 of 21 CITY OF YAKIMA - CODES DI ORO 0 Se YAkema Co WA 57P adjustments under the circumstances prescnbed by the zoning ordinance, which circumstances warrant approval of this application and this rear yard setback adjustment and sight screening adjustment, subject to the conditions set forth below 2 The Hearing Examiner has junsdiction to recommend approval of requested street nght -of -way vacations under the circumstances prescribed by State law and City policy, which circumstances warrant a favorable recommendation for this requested street right - of -way vacation 3 Public notice requirements have been satisfied. 4 A SEPA Determination of Nonsignificance was issued on February 13, 2007 which was not appealed 5 The proposal is exempt from the City's Concurrency Ordinance because it does not generate 10 or more PM peak hour traps 6 The requested adjustment of the rear yard setback standard from 15 feet to 5 feet and the requested adjustment of the sight screening standard to allow a wrought iron fence rather than a 'iew- obscuring fence satisfy the requisite applicable cntena for allowing such adjustments under the circumstances 7 The proposed senior apartment complex with adjustments to rear yard and sight screening standards can be adequately conditioned by the conditions set forth below so as to ensure compatibility, compliance and consistency with the objectives and standards of the Comprehensive Plan and with the intent, the character, the provisions and the development standards of the zoning district and of the zoning ordinance 8 This decision regarding the requested Class (2) senior apartment complex with administrative adjustments to the rear yard and sight screening standards may be appealed to the Yakima City Council within the time and in the manner required by applicable City ordinances, and this recommendation regarding the requested street nght- of -way vacation is submitted to the City Council for its consideration Chesterley Meadows Cottages, LLC 13 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06; ADM ADJ #25 -06 EC #39 -06, R/W VAC #5 -06, 111 11111 111 111 1 111 101 7592083 Page 16 of 21 12/87/2667 62 57P CITY OF YRKIMA - CODES DI ORD $68 88 Yakima Co, uR DECISION & RECOMMENDATION The proposed senior apartment complex with adjustment of the rear yard setback standard from 15 feet to 5 feet and with adjustment of the sight screening standard from a view - obscunng fence to a wrought iron fence as described in Class (2) use application UAZO CL(2) #31 -06, in administrative adjustment request ADM ADJ #25 -06 and in environmental review matter EC #39 -06, are APPROVED, subject to the Yakima City Council's approval of the requested street right -of -way vacation described in UAZO R/W VAC #5 -06 which the Examiner recommends be APPROVED, and subject to the following conditions 1 A final site plan, which includes the items shown on the onginal site plan, any additions and modifications required by this decision, and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Division pnor to issuance of a certificate of zoning review or building permit, pursuant to Section 15 12 050 of the Yakima Municipal Code The Planning Division requires subrmttal of a final site plan within 30 days of the Hearing Examiner's decision, or as otherwise arranged with the Planning Department. 2 A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to and approved by Yakima Regional Clean Air Authority 3 All stormwater shall be retained on -site in accordance with Eastern Washington Stormwater regulations The applicant shall provide calculations and section details for the storm drainage to insure that it is adequate for the new development. Chesterley Meadows Cottages, LLC 14 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #31 -06, ADM ADJ #25 -06, EC #39 -06 R/W VAC #5 -06 11 ll �50>�3 1111111 II a 92 1 of 1 12 /A7I28A7 82 81 57P CITY OF YRKIIIR - CODES DI ORD $6$ @8 Yakima Co, WA Erosion control measures must be in place pnor to any clearing, grading or construction These control measures must be able to prevent soil from being earned into surface water (including storm drains) by stormwater runoff The Washington State Department of Ecology shall be contacted to determine if a stormwater construction permit is required A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction 4 The proposed project is subject to Title 12 development standards Title 12 requires sewer and water extensions along with the required dedicated easements A roadway to be built to City standards with curb, gutter, sidewalks and street lighting will be required. Sidewalks constructed to City standards shall be installed on the River Road frontage of the development. Plans for all public improvements shall be reviewed and approved by the City Engineer, and shall be constructed to City standards 5 A 20- foot -wide emergency access route shall be constructed into the parking lot at the adjacent park The gate shall be equipped with Knox Box for Fire Department access Proper signage shall clearly mark that the driveway shall be used only for emergencies Any trees removed from park property shall be replaced in a location to be approved by the City Arbonst. The developer shall be responsible for all costs for the emergency driveway and repair of any construction- related damage to the park Chesterley Meadows Cottages, LLC 15 36 -Unit Senior Apartment Complex North 35'' Avenue and River Road CL(2) #31 -06 ADM ADJ #25 -06 EC #39 -06 RJW VAC #5 -06, Page o 21 CITY OF YRKIMR - CODES DI ORO *SS ee a Wp 57P 6 All proposed construction is subject to plan review, budding permits and Inspections Plans submitted for review shall Include location of all public utilities and casements 7 If the Yakima City Council approves the requested street right -of -way vacation which is an integral part of the proposed senior apartment complex, this decision will entitle the applicant to a certificate of zoning review which will be \ a1id for one year from the date of issuance of the certificate The certificate may be extended one tune only for up to one additional year by application prior to the teiznt.natton date, all as set forth in Section 15 12 060 of the Yakima Municipal Code DATED this 22' day of March, 2007 4 C Gary M. Cudlier, }Rearing Examiner C..hestcrley Meadows Cottages, LLC 16 36 -Unit Senior Apartment Complex North 35 Avenue and River Road CL(2) #11-06, ADM ADJ #25-06, ii'.lEi=. LC #39 -06, RANI VAC rs -o6 /1 — 89208 of 21 Pagel 19 CITY OF YAKIMA - CODES DI ORD !89 9& Ya /8 99 7 Wq 57P q, ,_ .. z * P 11 I PP:, . 4W a r li ii r1 t X11 frail liD 4 0111•111110 , I i I .1111 .r Z d" �r+ SA : MIN 4 4 I A 1:411‘ I : 7 I E L ) — _ _ _ _ 1. laillhnin I . "4111 ' 110111111111111111111111 i (\\\ 1:: g:. CITY OF YAKIMVIA, WASHINGTON 7 VICINITY MAP 4..4 FILE NO: CL(2031-06 APPLICANT* CHESTERLEY MEADOWS i , , Subject Property REQUEST COTTAGES , Yakima City Limits sear. _th -eoon LOCATION: RIVER ROAD & 35TH AVE --�-�" 0 200 litkEsmuzy macs 111111111 I Il JI iI ag 28 of 21 l CITY OF YAKIMA - CODES DI ORD !80 SO Yakim2 Yakima Co, 82 A WA Exhibit "B" PARCEL DECRIPTION THE RIGHT-OF-WAY OF NORTH 35 AVENUE The right -of way of North 35 Avenue as shown on the City of Yakima short plat (Parcel No. 181315- 1 AF No 1207996, recorded March 21 2001 COMMENCING at the Northwest corner of Lot I as shown on the City of Yakima Short Plat (Parcel No 181315 - 14412), AF No 1207996, North 90 °00'00' East 113 7 feet to the most Northwesterly corner of North 35 Avenue right -of way and the POINT OF BEGINNING thence South 44° 55'56' East, 42.38 feet; thence South 00° 08'08" West, 450.70 feet, thence South 45° 24 17' West, 20.39 feel to the intersecting corner of Lot 4 and Lot 5 thence South 00° 08'08" West, 12.45 feet. thence South 45° 00'00" East, 28 00 feet; thence South 89° 16'59' East, 36 99 feet thence North 45° 00'00' East, 32.11 feet; thence North 00° 08'08' East, 9 01 feet t0 the intersecting corner of Lot 5 and Lot 3 thence North 44° 33'45 West, 21.32 feet, thence North 00° 08'08 East, 450 84 feet. thence North 45° 04'04 East, 42.46 feet; - thence South 90° 00'00' West, 110.00 feet to the POINT OF BEGINNLNG g ,. Contatnine 0 642 acres, more or less S‘ c - 4 .2 ; c o pi c � o g $.c m t o. s Q) 8.6 2 d— 2 a o re, m ; ? > r=+ d) Z. O) C to -- 0 o y to m o CD c c (O N ' a U N — I fy ? O 7592083 Page 21 of 21 12/97/2067 02 57P CITY OF YAKIMA - CODES DI ORD in 00 Yakima Co, WA -\ \ /l/l�`��//�/�' J `~' � ` / y /(.„LJ/y c/""_'/ ] /l�� / _1)0 �', .. �J � m9 �" �' � 02/21/2008 09^L.3HM RECEIPT M 262989 C MAT|INGLY AUDlTO; KIMA COJMT1, WA FROM ^ CITY OF YlKIMA CLF�r, BY LANDi: DOC : (C0 COFIES DOCUMENT FEE ?3 00 TOTHi DEFERRED FEE --- 23 00 TO`x' RECORDING 23 00 -.;HAHGE ----- 0 00 *** RFCEIFT *** OK )101 (IQ/JUL ~ , ` t4 cO-Z9D • 'Ott _I F. ! Y :H E. ( E 3. Ni t ; rt; --;-- ;:4: Z.: ) 4,t ORDINANCE NO. 2007- 28 AN ORDINANCE concerning land use, planning and right -of -way vacation, approving a Class (2) use, two administrative adjustments, and an environmental review, with conditions, to provide an administrative adjustment for rear setback and sight screening standards, vacating, without conditions, a certain portion of street right -of -way identified as North 35 Avenue between River Road and the existing Chesterley Meadows facility, all on a certain property located in the vicinity of North 35 Avenue and River Road, Justin Baer!ocher, on behalf of Chesterley Meadows Cottages, LLC is the applicant herein. WHEREAS, the Hearing Examiner for the City of Yakima issued a recommendation and decision on March 22, 2007, identified with file numbers UAZO CL (2) #31 -06, UAZO ADM ADJ # 25 -06, EC #39 -06 and UAZO R/W VAC #5 -06, which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Hearing Examiner Recommendation and Decision "), approving a Class (2) use application and two administrative adjustments, with conditions, providing administrative adjustments for rear setback and sight screening standards, as well as recommending vacating, without conditions, a certain portion of street right -of -way identified as North 35 Avenue between River Road and the existing Chesterley Meadows facility, all on a certain property located in the vicinity of North 35 Avenue and River Road, as more specifically described as Yakima County Tax Parcel No 181315 - 14470; and WHEREAS, the City Council finds that the findings and conclusions of the Hearing Examiner Recommendation in response to the requirements of applicable state and local law are correct and appropriate, and that the same should be adopted by the City Council as its findings, conclusions, and conditions herein, and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following, Now Therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON Section 1. The City of Yakima hereby approves the Class (2) use application, adjustment of a rear yard setback standard from fifteen (15) feet to five (5) feet and adjustment of a sight screen standard from a view - obscuring fence to a wrought iron fence, as described in Class (2) use application UAZO CL(2) # 31 -06, administrative adjustment request ADM ADJ (jc)ord/Chesterley Meadows -Use, Adjustment and Vacation Page 1 of 2 #25 -06 and in environmental review matter EC #39 -06, for the property to be known as the Chesterley Meadows Cottages, described as Yakima County Tax Parcel No 181315- 14470, subject to the conditions stated in the Hearing Examiner Decision and Recommendation attached hereto and incorporated herein by this reference as Exhibit "A" Section 2. The City of Yakima hereby vacates that certain portion of street right -of- way described in UAZO RNV VAC #5 -06, identified as North 35 Avenue between River Road and the existing Chesterley Meadows facility, legally described in Exhibit "B ", attached hereto and incorporated herein by this reference, without conditions, in accord with the findings and conclusions set forth in the City of Yakima Hearing Examiner Recommendation and Decision dated March 22, 2007, pursuant to City vacation policy and RCW Chapter 35 79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The findings and conclusions of the Hearing Examiner Recommendation in this matter, dated March 22, 2007, attached hereto and incorporated by this reference as Exhibit "A ", are hereby adopted by the City Council as its findings and conclusions in support hereof Section 3 Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 4 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 5 day of June, 2007 , ,/,/,/ i7'd Edler, Ma : r ATTEST City Clerk G Publication Date June 8, 2007 Effective Date July 8, 2007 (ic)ord/Chesterley Meadows -Use, Adjustment and Vacation Page 2 of 2 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO * 17 FOR MEETING OF June 5, 2007 ITEM TITLE Ordinance approving the Right -of -Way vacation, Class (2) use, and two Administrative Adjustment requests by Chesterley Meadows Cottages, LLC for property located in the vicinity of North 35 Avenue and River Road, Yakima. SUBMITTED BY William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE Doug Maples, Code Administration and Planning Manager (509) 575 -6121 SUMMARY EXPLANATION On May 15, 2007 the Council conducted a public hearing to consider the Hearing Examiner's recommendation to approve a Class (2) use, two administrative adjustments and a Right -of -Way Vacation request by Chesterley Meadows Cottages, LLC The applicant is requesting Class (2) approval to build a 36 -unit senior apartment complex, with adjustments to the rear setback and sight screening standards and the vacation of a portion of street right -of -way in the vicinity of North 35 Avenue and River Road The Hearing Examiner concluded that all criteria required for approval of the Class (2) use and administrative adjustments had been met and that the vacation of public rights -of -way was appropriate He issued his written recommendation for approval of this request on March 22, 2007 The Council voted to uphold the Hearing Examiner's recommendation to approve the right -of -way vacation request. Resolution Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL City Manager STAFF RECOMMENDATION Pass tdinance BOARD RECOMMENDATION Hearing Examiner recommends approval of the Class (2) use, administrative adjustments and Right -of -Way vacation application COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2007-28