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HomeMy WebLinkAboutR-1993-075 Suncrest III and United Builder’sRESOLUTION NO. R-93- 75 A RESOLUTION approving the preliminary plat and preliminary subdivision submitted by United Builder's, Inc. of Washington (Suncrest III) for 45 lots south of Mead Avenue between 32nd and 34th Avenues, subject to all of the conditions contained in the Hearing Examiner's Recommendation; and authorizing the Mayor to sign the preliminary plat. WHEREAS, on May 13, 1993, the Hearing Examiner held a public hearing to consider the application by United Builder's, Inc. of Washington for a preliminary plat and preliminary subdivision approval for 45 lots south of Mead Avenue between 32nd and 34th Avenues, said subdivision to be entitled Suncrest III; and WHEREAS, at its public meeting on July 20, 1993, each Council member declared that they had no contact with either the applicant or opponents of this preliminary plat, and the City Council determined that the Recommendation of the Hearing Examiner should be adopted, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Hearing Examiner's Recommendation that the Suncrest III preliminary plat and preliminary subdivision be approved is hereby adopted, and the Yakima City Council hereby adopts the Findings and Conclusions of the Hearing Examiner's Recommendation, City No. Preliminary Plat 1-93, Examiner No. I93-4-20, a true copy of which recommendation is attached hereto as Exhibit "A" and incorporated by reference herein. The Yakima City Council finds that the proposed subdivision complies with the City of Yakima Zoning and Subdivision titles along with other applicable City land use controls. The Mayor is hereby authorized to sign the preliminary plat, subject to the conditions recommended by the Hearing Examiner. ADOPTED BY THE CITY COUNCIL this 20thday of July , 1993. Qct,t ATTEST: /� Mayor / j City Clerk 0ls)res/untdbldrs rp ISSUED: JUNE 15, 1993 Subdivision Application by UNITED BUILDERS, INC. for SUNCREST III at South 32nd and Mead Avenues EXAMINER'S RECOMMENDATION County No. Preliminary Plat #1-93 Examiner No. 193-4-20 United Builder's, Inc. has applied for preliminary plat approval for a 45 -lot subdivision, Suncrest III. A public hearing was conducted on May 13,'1993. The Examiner inspected the property prior to the hearing. A number of interested neighboring property owners attended, expressed some concerns, but were not opposed to the project. Those concerns dealt with location of sidewalks, and fencing on the access easement to property to the west. Those issues were resolved in the course of the hearing. This decision constitutes a recommendation to the Yakima Board of County Commissioners, supported by written Findings and Conclusions, pursuant to YCC Ch.14.20. SUMMARY oir RECOMMENDATION. This 45 -lot preliminary plat should be approved. From the view of the site, the matters contained in the official recordincluding the Staff Report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, the City's Subdivision Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS; 1. Applicant. UNITED BUILDERS, INC. 2. Location. South of Mead Avenue between 32nd and 34th Avenues, Yakima County Assessor's Parcel Nos. 181334-11008 and 11009. 3. Application. Subdivision. EXHIBIT i\ HEARING EXAMINER FOR THE CITY AND COUNTY OF YAK NAA POST OFFICE BOX 4 YAK MA. WASHINGTON 98907 (50G) 248-0706 4. Legal Description. That part of the East 658.00 feet, as measured at right angles to, and parallel with the East line of the Northeast quarter of Section 34, Township 13 North, Range 18 East, K.M., lying northly of the centerline of Wide Hollow Creek. 5. ;,and Use and Zonina. The subject property is zoned R-1, Single -Family Residential. Property in this general area has typically been developed as low density residential on the north side of Wide Hollow Creek. Industrial/commercial development characterizes the south side of the creek. The creek itself, the natural environment adjacent to the creek, and the increased elevation on the north side of the creek all contribute to creating a natural separation between the residential and non-residential uses. The site is undeveloped except for a standard single-family residential structure and manufactured home located in the southeasterly portion of the side. The manufactured home is to be removed as part of this project. Location Zoning Existing Use North R-1 Single-family residential South (across Wide Hollow) M-1 Light Industrial East R-1 Undeveloped City Park West R-1 Single-family residential 6. Project Description. United Builders, Inc. has submitted an application to create a 45 -lot single-family residential subdivision on 10.7 acres of land situated south of Mead Avenue, between 32nd and 34th Avenues. Lot sizes range from 7,000 square feet to 27,000 square feet. Overall density will be 4.6 residential units per net acre. Streets will be asphalt with concrete curb, gutter, and sidewalks. The southern portion of this site borders Wide Hollow Creek. A 40 to 50 foot drainage easement is proposed for lots adjacent to the creek. It is proposed that this drainage easement be used to restrict development close to the creek. EXAMINER'S RECOMMENDATION - 2 NEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAK NA. WASHINGTON 98907 M09)249-0706 A private driveway continues southward from the end of South 34th Avenue. This driveway straddles the property line of the subject property and property to the west. It has been developed within two overlapping access easements, a thirty-foot, and a thirty-five foot easement, which run along the westerly boundary of the property. Twenty feet of the thirty-foot easement extends onto the westerly portion of the proposed plat with the remaining portion on the adjoining properties to the west. Twenty-five feet of the thirty-five foot easement extends onto the westerly portion of the proposed plat. The easement and driveway serves the properties to the west and the single-family structure and mobile home on the subject property. The mobile home is to be removed and new access is to be provided to the single-family structure by the public street system of the proposed plat. An access easement will need to be protected in the development of this subdivision to assure continued future access to the properties to the west. A portion of the right-of-way needed for the extension of South 34th Avenue, as proposed by the applicant, will need to be acquired from the adjoining property owner. A portion of the right-of-way needed for the extension of South :32nd Avenue lies within the undeveloped City park lands (Kissel Park) and immediately adjacent to a City public water system pump station owned by the City of Yakima. The City Parks Division, Water Division, and City Engineer have granted preliminary approval of this use. 7. Proposed Subdivision. S eci`ications. 7.1 Total Area - 10.7 acres. 7.2 dumber of Lotsfensit;y - 45 lots, averaging 4.6 dwelling units per net residential acre. 7.3 ,Lot Size - Lot sizes range from 7,000 square feet to 27,000 square feet. The large majority of the lots average 7,000 to 8,000 square feet. Larger lots are located along Wide Hollow Creek in order to deal with slope and drainage easement considerations. 7.4 Water Supply - Public water. 7.5 Sanitary Sewace, Dispo;sai - Public sewer. EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CIT' AND COUNTY OF YAKMA POST OFFICE Box YAKMA. WASHINGTON 95907 (509 24e-0706 7.6 Storm Water Drainage - On-site, coupled with a drainage easement adjacent to Wide Hollow Creek. The applicant proposes a 40 to 50 foot drainage easement, as reflected on the plat. Based upon site inspection coupled with recent experience with other plats along Wide Hollow Creek, it is appropriate to impose a setback of 45 feet from the ordinary high water mark, normally treated as the vegetation line, constituting the north edge of the creek. The preliminary plat shows 40 to 50 feet, measured from the property line. Because of the meandering nature of the creek, and its varying width, it is more practical to measure from the bank, and have that measurement a fixed distance. Given the slope of the bank down to the creek from the building areas, it appears that this approach will not adversely affect the building envelopes on each lot. The City Engineering Department would prefer that the drainage easement include the 100 -year floodplain. That floodplain is noted on the map and varies in width, as measured from the near stream bank, from approximately 10 feet to approximately 50 feet. Basically it follows the toe of the slope along the creek. Jerry Sturgill, on behalf of United Builders, noted that the 50 foot setback proposed in the staff report and recommendation is currently being discussed relative to critical areas along streams, but there are no current standards on paper for determining whether such a setback should be created, and if so, how wide it should be. Other than general references in the comprehensive plan and zoning ordinance to the need to prevent flooding and related concerns, Mr. Sturgill is correct. This Examiner has had recent experience with several projects ordering Wide Hollow Creek. Those cases are Class 3: Alderman, County No. APP -1-1993, Examiner No. 093-1-15, and Sun Meadows, Phase IV through VI, a preliminary plat, County No. Plat f417 and Examiner No. 093-4-13. The Alderman case involves mini -storage units to be located on the west side of 40th just south of Wide Hollow Creek. The preliminary plat is located east of 72nd, on King Street, on the south side of Wide Hollow Creek. In both of those cases, State Department of Fisheries and EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE Cm AND COUNTY OF YAKMA POST OFFICE BOX 4 YAK MA. WASHINGTON 98907 (509) 248-0706 Wildlife personnel submitted extensive comments, together with a draft paper prepared for the King County Surface Water ;::Division which reviewed literature concerning ,stream buffers. The minimum recommendation in that paper was for a width of 15 meters. In both the above cases, this Examiner adopted a width of 45 feet, measured from the vegetation line of the stream bank, which is treated as the ordinary high water. mark. The benefits of this measurement are that it is easier to check in the field as opposed to measurement from the centerline of the creek. The existence of the buffer is intended to maintain the functioning of the creek for flood purposes, including maintenance of native habitat. A secondary benefit is maintenance of wildlife and fisheries :habitat. Under this zoning ordinance and comprehensive plan, the primary focus seems to be reductions of the potential for storm damage. Accordingly, a building setback of 45 feet from the creek bank is arguably being developed quasi -judicially, without input from the elected officials, except insofar as they have an opportunity to review and adopt recommendations from the Examiner. In this particular case, the existence of the buffer is probably not material to the developer, because of the slope which precludes building in any event. It should be recognized, however, that creating this buffer in a quasi-judicial setting means that there is not the normal public input and elected official review. As another background point, the Yakima County Subdivision Ordinance :requires imposition of a 10 foot floating pedestrian easement along streams like Wide Hollow Creek when they are platted. The Alderman case involved a prior plat which had. imposed that easement. The Sun Meadows preliminary plat includes that, because the County subdivision ordinance apparently does not allow discretion on that matter. The City's subdivision ordinance does not address the issue, so it is not addressed in this recommendation. As the City expands to the west, there will be more situations where previously platted ground carrying the easement are brought into the City. The result will be a hopscotch pattern of pedestrian easements. The County subdivision ordinance is not clear as to how that easement is utilized, who has right. of EXAMINER®S RECOMMENDATION - 5 HEARING EXAMINER FOR THE CRY AND CIOUNTY OF YAKMA POST OFFICE BOX 4 YAK IMA. WA:sHINGTON 98907 (509 ) 248-0706 access, and what the maintenance obligations, if any, are. That easement is typically located directly along the stream bank, so would be within the 45 foot wide buffer. A uniform city/county subdivision ordinance, coupled with development standards would provide additional policy guidance to decision makers. Another factor is that the floodplain ordinance together with the Floodplain Overlay District created in the zoning ordinance requires consideration of flood issues, previously referred to above. Whether or not the buffer includes all of the floodplain, construction within the floodplain would still be subject to special criteria concerning floodproofing. No such construction is proposed in this plat. 7.7 Type of Rousing - Single-family residential. 7.8 Utility Easements - Reflected on the plat. 7.9 Curb, Gutter, and Lights - All streets will have curb, gutter, and sidewalks on one side. The City recommends that rolled curbing be allowed only on the cul-de-sac, proposed 32nd Place, lots 20 through 27. The applicant prefers to have rolled curbing proved for the loop street, proposed 32nd Avenue, as well, with barrier curbing on King Street. The purpose of barrier curbing is to provide an additional safeguard on streets with more traffic. The barrier curb tends to keep cars in the street, making it harder for them to roll up onto the property. King Street will connect to 32nd and 34th, will be the primary street carrying traffic in and out of this subdivision, and should have barrier curbing. Based on the limited traffic to be generated on the interior of the subdivision, it is appropriate to allow the loop street and cul-de-sac, 32nd Avenue and 32nd Place, respectively, to utilize rolled curbing. This is basically consistent with the prior plat to the east. It is also similar to the KKR project on 16th. With respect to sidewalks, a neighbor outside this plat was concerned that sidewalks might be extended onto 34th Avenue to the north. She is opposed to that, and was assured at the hearing that there will be no sidewalks extended outside the boundaries of this plat. EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE COY AND COUNTY OF YAKMA POST OFFICE BOX d YAKMA. WASHINGTON 98907 (509)248-0706 7.10 Streets - All streets will be constructed to City standards and dedicated to the public, as shown on the plat. An access easement is located on the west side of this plat, providing access to property to the west. There are actually two easements. One services existing property located within the plat, and will be extinguished as longer necessary after this plat is approved. The other easement provides access to the west, and will be maintained. The easement which will be extinguished is the 35 foot wide easement, of which 20 feet is on the proposed plat. This currently provides access to the mobile home and barns. The other easement is 30 feet wide, with 15 feet on this plat, with the remaining 15 feet on the property to the west. That easement will be protected, and will be served by a curb cut on the new street where 34th intersects with King. Furthermore, the applicant has agreed to fence the east line of that easement, preventing utilization by homeowners in lots 10 through 12 of that easement. This was a subject of some discussion at the hearing between Bill Doyle, who owns some of the property on the west, and the applicant. A fence is agreeable to both parties. 8. Yakima Urban Area Comprehensive Plan. This project is consistent with the commitment to maintain low density residential development in R-1, consisting of up to seven dwelling units per net residential acre. This density is approximately 4.6. It is compatible with nearby residential areas which have been developed as low to moderate density residential neighborhoods. All utility services are available. This project is consistent with the goals and policies expressed in the comprehensive plan for housing. 9. Yakima Urban Areaaninq.-_©rdinance. This project complies with the requirements of YMC §15.05.030 concerning site design and improvement standards for creation of new lots. It is also consistent with the Floodplain Overlay Zoning District created in the ordinance. That overlay district establishes special development standards. By developing a 45 foot wide buffer from the stream bank, the 100 -year floodplain appears to be contained within the drainage easement, thereby complying with the development restrictions and eliminating the need for additional EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER ICOR TiE CRY AND COUNTY OF YAKMdA POST OFFICE BOX 4 YAK IMA. WASHINGTON 9851D7 (509) 24S-0706 review. Any future proposals for development within the Floodplain Overlay District would be subject to zoning review. The criteria for the Overlay District are set forth at YMC 15.05.030(15). They include, among others, provisions for restricting or prohibiting uses which may cause dangerous increases in erosion, flood heights, or flood velocities. Uses vulnerable to floods are to be protected from flood damage. Alteration of natural floodplains and stream channels is to be minimized. Filling, grading, and other development which may increase flood damage is to be controlled. The City and County Shoreline Master Program is to be implemented. The purposes of these provisions are to protect human life and health, minimize expenditure of public money for flood control projects and rescue efforts, to minimize damage to public infrastructure improvements, to protect stream channels from encroachment so that flood heights and flood damage will not be appreciably increased, to implement the national flood insurance program, and to put those who occupy or purchase flood hazard areas on notice of the flood hazards and their responsibilities. Imposition of the 45 foot wide buffer complies with these requirements, and is supported by the evidence in this case, due to the location of the creek relative to the slope and floodplain. Whether a 45 foot wide buffer should be adopted as a matter of policy, without regard to the evidence in a specific case, does not need to be decided here. 10. Environmental Review - A Determination of Non- significance was issued by the City Planning Department on March 28, 1993. 11. Notice. Public notice of the hearing was provided in accordance with the ordinance. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed subdivision conforms with the goals and policies of the Yakima Urban Area Comprehensive Plan, the intent of EXAMINER'S RECOMMENDATION - 8 NEARING EXAMINER FOR THE CRY AND COUNTY OF YAKiMA POST OFFICE BOX a YAKIMA. WASHINGTON 99907 (509) 208.0706 the Yakima Urban Area Zoning Ordinance, the provisions of the Yakima City Subdivision Ordinance, Title 14, and will serve the public use and interest, subject to the conditions set forth in the Recommendation .below. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima Board of County Commissioners the following: RECO.91 }!iMEY1DAT Approval of the proposed subdivision subject to the following conditions: 1. The final amended plat shall ]be in substantial conformance with the preliminary plat under review, with respect to lot sizes, layout, road alignment and design, utility placement and easements, streetlights, fire hydrants and sidewalks; and shall be prepared in conformance with YMC 14.25. 2. All lots shall be served with public sewer and domestic water. 3. All public and private utilities shall be placed underground. . 4. Fire hydrants shall be provided and installed by the developer at locations and to the specification of the City of Yakima Codes Administrator. 5. The City Engineer shall approve street light, water, sewer and irrigation line plans, specifications and easements, and drainage facilities for the public streets. 6. The City Engineer shall approve road improvement plans in conformance with the preliminary plat. Streets shall be improved with street surfacing, barrier curb,, gutter and sidewalks on one side of the streets. Rolled curbing may be used in place of barrier curb on proposed 32nd Avenue and proposed 32nd Place. King Street shall have barrier curb on both sides of the street 7. A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima County Clean Air Authority. A written copy of their approval shall be submitted to the Department of Economic Development prior to construction of any EXAMINER'S RECOMMENDATION - 9 NEARING EXAMINER ITOR THE crr AND COUNTY OF YAKIMA POST OFFCE SOx 4 YAK MA. wASmiNGTON 88407 (500) 248-0706 work phase. The developer shall designate a responsible party for contacts during working hours regarding alleged air quality violations. 8. Prior to recording the final amended plat or issuance of building permits, all required plat improvements, i.e., roads, utilities, streets, sidewalks, public water and sewer systems and drainage facilities shall be installed, or a surety or bond pledged to ensure installation within one (1) year of subdivision approval. 9. Notes upon the face of the plat shall indicate the following: A. Portions of lots 13-17 and 22-25 are within the Floodway and 100 -Year Flood Plan as described in the Federal Emergency Management Agency (FEMA) "Flood Boundary and Floodway Map" for the city of Yakima, Washington, dated December 15, 1981 (Community Panel Number 530311 0003). Any development or construction of any type within the 100 Year Floodplain or Floodway is subject to pertinent Federal, State, and Local review and/or regulations. B. No development, including construction requiring a building permit, land -filling, or fencing other than non -slatted cyclone fencing, shall be permitted within the Drainage Easement on portions of Lots 13-17 and 22-25. 10. A natural buffer shall be identified on the plat 45 feet wide from the northwest bank of Wide Hollow Creek, measured from the ordinary highwater mark which shall be treated as the vegetation line. 11. Fencing is to be required on the access easement line on the west side of lots 10, 11, and 12. The easement referred to is the 30 foot easement, with 15 feet located on the subject property, designed to service property to the west. The existing easement servicing property on the interior of the plat shall be eliminated and not reflected on the preliminary plat. Fencing shall be 6 foot high. 12. A curb cut shall be installed, at the developer's expense, to serve the access easement on the west side of the EXAMINER'S RECOMMENDATION - 10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0706 proposed plat. Curb cut design and location shall be approved by the City Engineer prior to approval of the final plat. 13. The applicant must submit a copy of deed for right-of- way, needed for extension of South 34th Avenue, that is owned by the adjacent property owner (County Parcel #181334-11006). 14. The final plat must ;reflect lot sizes or verification of lot size by a registered civil engineer must be submitted with final plat. Lots must conform to Subdivision and Zoning Ordinance Standards (YMC Ch. 14.30 & YMC 51.5.05.030). DATED this [S7 day of June, 1993. PHIL:CP A. LAMB Hearing Examiner EXAMINER'S RECC)MMENDATION - 11 WEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA WASHINGTON 98907 (509) 248-0706