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HomeMy WebLinkAboutR-1996-134 Final Plat / Emery Lane / Mead Avenue• • RESOLUTION NO R-967,134, A RESOLUTION approving the final plat of Emery Lane, a 22 lot zero lot line subdivision located to the south of Mead Avenue at South 26th Avenue, and authorizing the Mayor to sign the final plat. WHEREAS, on June 22 and continued to and concluded on July 7, 1995, the Hearing Examiner held a public hearing to consider the application for a twenty-two lot subdivision known as Emery Lane located to the south of Mead Avenue at South 26th Avenue, submitted by Earl Pratt, City No Preliminary Plat #1-95, Final Plat #3-96, and WHEREAS, on July 8, 1995, the Hearing Examiner issued his Examiner's Recommendation (Examiners No 195-4-30), recommending approval of the proposed plat subject to several conditions, and WHEREAS, at its public meeting on September 19, 1995 the City Council determined by motion that the Recommendation of the Hearing Examiner should be affirmed and adopted, and WHEREAS, the applicant has completed construction of all public improvements required as conditions of approval of the preliminary plat, and the City Engineer has inspected, approved and accepted all such required improvements, and WHEREAS, as this final plat comes before Council for review each member declares that he has had no contact with either the applicant or opponents of the final plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The proposed final plat for Emery Lane, consisting of one sheet dated September 26, 1996, showing a twenty-two lot subdivision located to the south of Mead Avenue at South 26th Avenue, is hereby approved and the mayor is hereby authorized to sign the final plat. The final plat for Emery Lane shall be filed for record by the applicant in the Yakima County Auditor's Office immediately, or as soon thereafter as possible, and the applicant shall be responsible for all filing fees ADOPTED BY THE CITY COUNCIL this 1''5// day of Octlier , 1996 (-/ohn Puccinelli Assistant Mayor ATTEST c .v► -i City Clerk STAFF REPORT CITY OF YAKIMA OFFICE OF ENVIRONMENTAL PLANNING STAFF REPORT CITY COUNCIL PUBLIC MEETING October 15, 1996 SUBJECT: Emery Lane Final Plat FILE: UAZO Subdivision Final Plat #3-96 PROPONENT: Mr. Earl Pratt LOCATION: South side of Mead Avenue at South 26th Avenue STAFF CONTACT: Bruce Benson, Associate Planner (575-6042) BACKGROUND AND SUMMARY OF REQUEST Emery Lane is a 22 -lot single-family subdivision that utilizes the zero lot line development standards found in Chapter 15.09 of the Urban Area Zoning Ordinance. Each individual dwelling unit within this plat will be constructed on a separate parcel of land with access provided by a newly constructed offset extension of SoJth 26th Avenue. The subject property is approximately 3.37 acres in size, located on the south side Mead Avenue, and zoned R-1, single-family residential. In open Councib session on September 19, 1995, the Hearing Examiner's recommendation granting preliminary approval of this long plat was accepted. The City Engineer's office has inspected and accepted all required physical improvements and the City Engineer has signed the plat in affirmation of this fact. The Planning Division has reviewed the final plat and finds it to be in substantial conformance with the terms and conditions of the preliminary plat . Staff recommends Council's acceptance of the final plat and passage of the resolution author:zing the Mayor's signature. CONDITIONS OF APPROVAL The approved preliminary plat required the applicant to complete all site improvements listed as conditions in the Hearing Examiner's Recommendation of July 8, 1995 (see attached). The conditions that must be met before the final plat can be approved consist of the following: 1. The final plat must substantially conform with the preliminary plat and show an extension of South 26th Avenue to the south property line. Status: The final plat does conform to the preliminary and Scuth 26th does extend to the properties southerly boundary. 2. The public road improvements must be designed and constructed to current City of Yakima standards for local access streets, as modified to reflect sidewalks on both sides with the planting strip. Public road right of way must be dedicated, 50 feet for South 26th, and 35 feet for the hammerhead turnarounds. Frontage improvements along Mead Avenue shall include 20 foot radii at intersection with South 26th, barrier curbs, and a total of 33 feet of pavement width on the property frontage east of South 26th. A traffic barrier to be installed at the south terminus of South 26th. The location of any proposed and/or existing road approach to all public roads must be applied for, re,f.ewed and approved by the City Engineer. Written verification of such approval for the access approach must be submiitted to the Planning Department prior to final plat approval. Status: The City Engineer's office has reviewed and approved the street improvement plans as being in conformance with preliminary plat review. Construction of said improvements is completed. 3. Minimum 8 foot wide utility easements adjacent to all public rights-of-way, and as specified by utility providers. Status: Utility easements as required are created by the plat. 4. The two short streets going east from South 26th Avenue shall be named pursuant to direction from City Engineer, most likely Loren Court and King Court. Status: Both streets will be named as recommended and residence addresses are indicated on the face of the plat. 5. All lots shall be served with public sewer and water. Status: All necessary water and sewer lines are installed and stubbed out to the to the property lines with water meters installed 6. Where possible all public and private utilities shall be underground. Status: Approved plans show all utilities to be underground. 7. Street lights and fire hydrants shall be provided and installed by the developer_ at locations and to the specifications of the City of Yakima Code Administrator. Status: The required street lights and fire hydrants are installed in accordance with the approved engineered utility plan. 8. All public improvements, including storm drainage, wa.ter/sewer main extensions, and street plans, shall be designed by a licensed civil engineer and approved by the City Engineers office. Status: The City Engineer's office has reviewed and approved the public improvement plans as being in conformance with preliminary plat review. Construction of said improvements is completed.. 9. An extensive note shall be placed on the plat setting forth that this plat is subject to the provisions of zero lot line development as authorized under YMC 15.09.040. Status: All required notes appear on the face of the final plat. SUMMARY All requirements conditional to the final approval of this plat have been satisfied. ZONING AND LAND USE The subject parcel is zoned R-1, Single -Family Residential and is presently undeveloped. Surrounding properties have the following land use characteristics: Location Zoning Existing Use North R-1 Single family homes South B-1 Undeveloped East R-1 Two single family homes, otherwise undeveloped West R-1 Single family homes COMPREHENSIVE PLAN The Optimal Land Use Element of the Comprehensive Plan indicates that one to seven dwelling units per acre should characterize the R-1 district. This zero lot line subdivision will permit the construction of 22 single family dwelling units on approximately 3.37 acres of land providing an average density of 8.8 dwelling units per acre. SUBDIVISION ORDINANCE STANDARDS Criteria for subdivisions are included in YMC 14.25.110 which specify the requirements for subdivision design. The preliminary plat was found to comply with all standards and the final plat is in general conformance with the preliminary design. ENVIRONMENTAL REVIEW (SEPA) A Determination of Nonsignificance (DNS) was issued by the City of Yakima on December 21, 1994. This determination was based on SEPA guidelines (WAC 197- 11-340); a fifteen day comment period applied to this proposal with the comment period ending January 5, 1994. No significant agency comments were received. On May 24, 1995 an addendum was issued to cover the changes made to the original application. This addendum did not alter the original Determination of Nonsignificance and was recirculated for a second 15 day comment period. The second comment period ended June 8, 1995. FINDINGS 1. The final plat is consistent with the goals, objectives and intent of the Urban Area Comprehensive Plan and the standards of the Urban Area Zoning Ordinance. 2. The final plat meets the standards of the City of Yakima Subdivision Ordinance. 3 3. The final plat is in general conformance with the. preliminary plat and condlticns of approval. 4. The applicant has completed the construction of the required improvements necessary for final plat approval. RECOMMENDATION The City of Yakima Division of Environmental Planning recommends Council's acceptance of the final plat and passage of the resolution authorizing the Mayor's signature. 4 VICINITY MAP IIIA AVE 1 1 1 CALVARY CEMETERY • h TAHOMA IR 2 CEMET HINGTON AVE CITY OF YAKIMA, WASHINGTON Information Services — GIS FILE NO: UAZO PREL LONG PLAT#1-95 APPLICANT: TIM MONAHAN REQUEST: 22 LOT PRELIMINARY LONG PLAT SUBDIVISION LOCATION: 2510 W. MEAD AVENUE Scale — 1 1 400 0 200 400 Parent Parcel(s) City Limits -Zoning Boundaryv,1„ 1 I .... c .. , vi MN AN AVE I 1 MI CONRAD AVE S 26TH A v iiia ■■ ■r ■ W MEAD AVE 1 1 1 CALVARY CEMETERY • h TAHOMA IR 2 CEMET HINGTON AVE CITY OF YAKIMA, WASHINGTON Information Services — GIS FILE NO: UAZO PREL LONG PLAT#1-95 APPLICANT: TIM MONAHAN REQUEST: 22 LOT PRELIMINARY LONG PLAT SUBDIVISION LOCATION: 2510 W. MEAD AVENUE Scale — 1 1 400 0 200 400 Parent Parcel(s) City Limits -Zoning Boundaryv,1„ FIIiAL PLAT NW 08(0. SECTOR 35, T. 13 N., R. 16 E111. CASED 19009011 FOND 51108 114-1544 SO00'00' I NY C0RNSA 10T 3, 5P 95-46 319.75' • MEAD 140 CORNER LOT 1, 5P 95-49 1148' AVENUE Y\ \ 4585 R/W WEN DE0CAR0 FOR ROAD = I 2521 5' WOE MINIMAL YANTENNICE. (5505 o1ERNAXG, ANO DORMS((ASEIENT ADJACENT TO ALL II80 10T 11E5 (11P4CA1) Ir („ II II II .I irir ; 0 14_50 -6 P.U. EA9711EN1 1 (119) 5000 S.F.+ N 9000'ar E 94 CT) 4100 20.50' g (q 23 1, 335• F 0 2 6000 Si' + 5 900090' W 9374' old 1-4 0 1 r 21 1 3 6000 S.F+ M 9071090' 0 93.36' 4 5000 S 900090' N 92.90 0 5 r 5 5000 S.P+ S 90902' 6 92.60' 6 6003 B.P.! N 9011'0 94.00 B111DN0 5ET-BACK/ MB (TIMM) tv 2 LOT 5556 0-49 211 of 51 5019S.P! N 900609' E 106.65 PLAT OF EMERY LANE ( PART OF NE 1/4 OF NW 1/4 SEC. 35, T. 13 N., R. 18 E.W.M. ) \\ L \e,,L 11.0) 1 LOT 2\ S. r' 95-49 S.P 95-49 \ , 5.I \ 1 �I • X 900'06 • 79.90 22 5000 S.P + 12A50a --6 P.U. COSMO N 902.6' C 1\ 8288' 69 71' 21 t1, ` 600E S.P.! 1 -12505) ~- 5111 , 70.49' 00 .1 90510"00. E_ .E LOREN.6f'P. � (' 12500 74.43 01 4/.0 e 11.93' «1 )3 S9.a9• I Q 17.06117.50• AleP L N 90110'0_0- •12`502 12504) L 7In. 1)52'6) ^ 52/0 S.F! 1.1 0518) f8 69.11' o 5 90000' w 409 6 1'{50/1 S.P.! 6/01'4. I I `5244 S.F.! ''��'� L 5 90000' W' k 128.2 M 60'35'38' E 1q 6020 S.P.! 5 9000.0' w 7966' 20 \\ 5001 S.P.! 44. 19 6058 S.P.! - 2-909600'11 --150.76- MAWS ANNIE RAD615 ARC IDIOM CORD 8019146 CHORD LEMON C 1 140316' 34.23 042 5 0702'36' E 6.40 C 2 171524 225.00 6744 5 061512' E 67.19 C 3 007759' 225.00 3717 N 1236'24' W 37.13 C 4 054525' 22500 3027 S 0351'13' E 30.24 C 5 901000' 20.00 31.42 5 4500' E 2626 C 6 900000' 20.00 31.42 5 450600' W 28.28 C 7 90000' 20.00 31.42 5 450090' E 2628 0 8 909300' 20.00 31.42 5 459690` W 2626 C 9 1405'16' 9.23 227 5 0702'39' E 226 C 10 149516' 5923 14.56 S 0702'36' E 14.53 C 11 7249'36' 2000 2542 S 573512' 1 2174 C 12 90900' 2000 31 42 5 430090' w 26.28 C 13 171024' 20000 5995 5 003312' E 59.72 `'• 17 \ .1 5020 SPY p 12505) 3893' 64.65 45.26 16 1.415 85000 S.F+ 'V. 1 " 125(3) -6' P.U. 0655011 --- \ 64.82' • 1115.76 �,� .- 5413' 6000 S.F+ 125031 0451146 10' IRRIGATOR (01440197 (SEE SP 95-49) 1N� ' KING CT. ,,,,Y A 710.72' f -47.50 13 /1�- 46.19' �� gIR $ 30.06 /N Ino6) nk 1756111.56 #.r 25 25♦ r L• 3067 $ I > 2 , (2504) ,6t------ > 3 gg 6002 S.F.! g 6037 SJ.! 2. 23 L� I r � N 9011700' >4\ 1. 3 601E B.P.! 105 9,46 381405 6 P.U. (14503041 412' g. NOTES: I. 0 OENOR5 1/2' REHM MM CAP NOD(R 21607 5E1 2 • 04190700 4E048MM CAP 19991400 16690 70190 3BEARINGS SHOWN ARE O4 MANED DANN PE1Al6E 70 THE NORTH INC 0 THE NONIN6(5) WARIER. a 51(1101 33. TOWAP 13 60114, RANCE IR EAST. WY., BONG NORM 900600' EA51. 4. BOUNDARY PREVIOUSLY Sl6RLETE0 AND RECOR000 N BOCK 95 0 SHORT MATS, PACE 49, RECORDS 0 MADAM (0LN1Y, WA91NG1ON. SEE SAJD SNRT MAT 701 MOM 56C7ON 990609Oi 017042318104. S TOTAL LOT 000950 FOL EACH 16519019 107 SNAIL N01 65000 733E 1/096.191 DISTRICT REI1ELENI A3 PR0N0E0 FOR N 11E IMAM AREA 292'180 ORDNANCE. D. )HERE SHALL BE NO MDOMS, DOERS 8R (OD4110 88` 01815 ER MY OVER 218E OF OMH)GS IN ME NALL N04G IE ZERO LD11NE. 7, A PERPETUAL 94871664420 CAWS MUNM9 AND DRAINAGE EA2NOT AT LEAST ME FEET WOE SHALL BE PROMOE0, AS SHOW HEREON. OR ME 101 ADJACENT 10 THE ZERO 901 UE PROPERTY UNE, *KM MM 111E FK00PI) 4 0 WAILS NO/0R FENCES, AWL BE AEP( WAR a 5)0001000 145 EA5ENE187 5 TO 0 INCOVO 41(0 6110 EACH GEED 1AM5FERR610 211E O4 THE PROPERTY. RE 6191111X1910 UPON THE ZERO LOT 1630 SHALL BE RAMMED NIR OMEN& CCUR AW 7NEA1YENT IREE55 01111701175E POKED TO N 681W1 BY 71E TRI AFFE0710 Pi0ER0Y 0103005 EAYE5, BUT NO OTHER PMI 0 RHE 510110190.E NAY PRO19000 ACROSS A SCE LOT INF, AND 5101 690100ACR SHALL NO1 5CEED IB 64005 NAR8 0.1X080 ERIN TME 0951840 PLACED ON ME LOT 5 111810 TO 111E 0428(91 NEA 6 ROAD MPR0A04 PERM15 ME PEOVNEO FOR EACH LOT. All ROM APPROACHES 051 0 REYE9(D AND ....PROVED 8Y ME CITY 1240HEEA PRCR TO IS1IANCE 0 1E 81112840 PEAMT. 9. NO DIRECT 80907E ACCESS YET. 0 PERM7IED TO 508 MM AMAX 71604 LOTS 42 THROWN 22. 10 ME MINER MOM HEREON, THEIR CRANES. A.0 AS50EE5 N 641ERC313. HEREBY CMENA N1 MO AGREE 19 607419 NL 51REA0 11A1ER GENERATED 897HN 119E MAT 0 90.. MY NATURAL 0/NAGE WAYS YUST NOT 0 AE7ERED OR SPEND. 11. SURVEY PEBFONED NMA 106071 CTS 303 (1ECIROMC TOTAL 574104 AND CALIBRATED CHA41 0910 FEND TRAVERSE P401ON45 12. 89414401475 51100 4E1ELN AS FOND 9(0.( 4451ED N AUQI57 199 13. ( 1 DENOTES STREET ADDRESS YAKIMA COUNTY TREA3IRER'S CERTIFICATE 1 HEREBY CE1I01 THAT A/1 04AN1EA00 OCEAN AND SPECIAL 552SSNOI5 00111010E BY 145 TRICE OUT ARE DIE AW MFG ON THE PROPERTY DESCRIBED HERON O4 040. a TMS EE8fi1CA00N BASE 001 PAD, DART 185 DAY 0 19 -- BY TANMA COUNTY TREASURERS OWE SE CO401, 0T3 SP 95-49 W E 16731 CITY OF YAKIMA PLAT NO SCALE BAR 10 0 20 40 1.EGALDESCRIPi1ON N 1/4 (BOER %COCO 35 71314.8 185784. (520 90496111 5010 $CE 108 114-1611 1470.16' 9 __ L01 3 0 MCAT PLAI, RECOO(0 N BOIL 95 OF 905) PLATS, PACE 49, UNDER 120T03'5 ERE NO 3091649, R(COR05 OF moll CONTY 8A9W070N, AND MAT PC904 0101 1, 0 SND 5NCR1 FOA7, CESOBBED AS FOLLOWS 900619/190 Al 14E NORTIIE51 COBER Co SAO 101 I, THENCE 5401)4 074'27' EAST. REFERENCE 600085. ALONG DE ME51 L9E OP SA/0 LOT 1. A DISTANCE 0 18)00 FEET. 1109CE NERD) 90000.0' 054 122 PER. 11104E NORTH 00000' BUT, 161,00 FEET, 11040E NCR14CA3RRLY ALONG 1HE ARC 0 A CuRNE, 004055E TO 0( 00011EAST. NANID A RAMPS OP 2000 FEET, THROUGH A CORRAL ANGLE a 9000'. AN ARC 051ANLE 0 31 42 FEET. AND 111 0100 Cr MICR BEARS NORM 4596 EAST. A 01M WAKE 0 26.76 FEET OENCE NORM 909090' 9051, 24550 RFT. TO ME PONT OF 4(ONPANG DEDICATION AND WAIVER OF CLAIMS KNOW ALL LEN BY NESE PRESOI5 )NAT EARL E. WATT. YAREIN Y. PRATT, 141E F PRATT ND 51E1MANE L WAIT ARE ALL PARTIES 114VNG ANY 0M*RS1P N1ERE51 N 114 LAND KAON DESCRIBED. NAYS MM THEW FREE CONSENT AAO N ACCORDANCE WM 10-8 0905 CAUSED THE 547E 10 BE 5R4E5E0 AW RAT710 AS 91010 IEIS001: 00 HOOEBY DEDICATE 110SE ROADS 440/CR 80115 -0E -NAT 9100 AS PUBO DEDICATORS HEREON TO THE USE Cr THE PVANL; DD HEREBY NOSE ON BENNE 0 1101511SES AND MEN 51O: 0X0.5 94 66108051 All UNK FOR DAAAAI5 AGANST THE O11 0 WAWA AND AN, ODER O3RNE40AL AU1134911 MRN OAT 0 0CASOIEO TO 110 ADJACENT LAID BY ME (5TA10)9E0 004318 0)01. MANAGE, A11D 9411T01840 0 DOR:A7ED RODS AND/OR 80115 -0 -MAY: 490 DO NERER1 GRAM MO 95 HEREON FOB USES NOICARD 1,4 Y/JpIYN Y E�1 jot( 901E 5 09017 SST(P8 L PRATT ACKNOBLEDGLAFNT 5781E 0 05980101 ) ss COMM 0 YAIWA ) 1 004001 THAT I 1O10P CR NATE SATISFACTORY MEN(E THAT EARL F PRATT HAWN Y POLA11, NNE F P2AT1 NO 51EPHME l PRATT ARE DE PERSONS 910 APPEARED 60105E YE, ARO '04 PERMS A0010ML- EDOED 11A1 NET 90E0 145 NSIRWENI 220 00..0110000 11 10 0 1HE89 FREE 810 46414148) ACI FOR 1)40 1505 AND P30500851308901400 N 119E 6451RtMO1. m�p DATED off: 0.) j04Ji,A E0,N4.41Al L.(2 NOTARY PLNUC YY APPCOR11100 EWNRES 'T - IR' SURVEYOR'S CERTIFICATE 4 DONALD N 9020, A 080(550141 LAW SUMER); CO 40%97 CER00 TAT M PUT OF DOM LANE 5 805E0 3004 M ACTUAL SLIMY 830 9180)8909 Of SECTION 35 TOWS* 13 ROM, RANGE 18 EAST, wit, 1451 RHE 057Aw23 MOSES. 640 ANCLE5 ARE 5120 HEREON CORRECTLY 0.0 MAT N]RNENTS MO LOT CORNERS HALE BEEN SET ON ME (ROUND AS SHOW 04 THE PUT. APPROVALS: APHi03(0 BY 7HE 071 OF TANAIA NORMA OAR APPROVED 8Y MEJ((11410* 0 THE 011 0 WAWA DAR 81720/40 81114E (372' OF Y 51984951109104 05)0 `arm. 490. 24. 1999, FILING CERTIFICATE: FRED FOR ECORO AT Of REQUEST 0 ____-__ - 115 DAY 0 11 A71BMRS 7451 __Al 540 REC000 N Y3LAE ______ 0 MATS, PILE __-___ AAO 9LUY( ___ 0 01)040 WORDS. PACE __ . REC005 0 PMMA COUNTY. WA9*D104, FEE EMMA COUNTY WARN Haibregtse, Lonman Associates, inc CML ENGINEERING • LAND SURVEYING PLANNING 3800 SUrnmHview, 51836 100•Yo450, WA 98902 (509) 966-7010+751 (509) 965-3800 Joe NO. 95)07P RILE HAMS: 601011/.660 0019: 9-26-96 HEARING EXAMINER'S RECOMMENDATION CITY OF YAKIMA Cable T'V 575-6092 Code Administration575-6121 Housing 575-6101 Planning 575-6113 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET CITY HALL, YAKIMA, WASHINGTON 98901 (509) 575-6113 SCAN 278-6113 FAX 575-6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On July 8, 1995 the Yakima Hearing Examiner rendered his recommendation on the application submitted by Tim Monahan, (file number UAZO Prel Long Plat#1-95 & UAZO CL(2)#2-95). The proposed project if for a Class (2) Review and Zero Lot Line Subdivision, (E lLy Lane), in the vicinity of South 26th Avenue and West Mead Avenue. The application was reviewed at a public hearing held by the Hearing Examiner on June 22, 1995, and continued by the Hearing Examiner to, and concluded on July 7, 1995. 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 Meeting to be scheduled. The City Clerk will notify you of the date, time and place of the public meeting. For further information or assistance you may contact Bruce Benson, Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575-6042. COV ,A7tz Don S. Skone Planning Manager Date of mailing: 7/11/95 Enclosure RECEIVED ISSUED: JULY 8, 1995 JUL 1 01995 CITY OF YAKIMA PLANNING DIV. Preliminary Plat and Class ) EXAMINER'S RECOMMENDATION 2 Application for a Zero Lot Line ) Subdivision, Emery Lane, at ) UAZO P.L. Plat 31-95 South 26th and Mead Avenue by Tin Monahan ) Examiner No. I95-4-30 A public hearing was conducted on June 22 and continued by the Hearing Examiner to and concluded on July 7, 1995. The Staff Report presented by Bruce Benson with respect to the first hearing and proposed preliminary plat recommended approval. The revised staff report, again presented by Bruce Benson with respect to the second portion of the hearing, concerning a revised site plan, recommended denial. Several neighbors in the vicinity of 26th and Mead Avenue expressed significant opposition. Two issues, rather than the overall development, were of concern. The first is the proposed offset for the extension of 26th Avenue to the south, with the second being opposition to the number of dwelling units proposed. The Examiner inspected the property prior to the hearing. This decision constitutes a recommendation to the City Council, supported by written Findings and Conclusions, pursuant to YMC Ch.14.20. SUMMARY OF RECOMMENDATION. The Examiner recommends approval, but only of a revised site plan, yet to be submitted, which demonstrates continuation of 26th Avenue to the south. The recommendation concerning the preliminary plat as proposed, if it is not revised, is denial. From the view of the site, the matters contained in the official record including the Staff Report, a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 Ordinance, and the city's Subdivision Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Applicant. Tim Monahan, on behalf of the property owner, Earl Pratt. 2. Location. This parcel is approximately 3.4 acres, located south of Mead Avenue. The west property line is approximately in line with 26th Avenue north of Mead. The parcel comprises one lot of a 3 lot short plat which was recorded in April, 1995, Short Plat No. 95-49. The assessor's parcel number 181335-21005, submitted with the application, has not been confirmed by the Examiner. It may be the parcel number for the parent parcel involving the short plat. 3. Application. Preliminary Plat, for a 22 lot single family subdivision. This is also a Class 2 application for lot line development. 4. Legal Description. Lot No. Records of Yakima County, Washington. 5. :Proposed Use. This will be a 22 lot subdivision with 22 single family residences utilizing the zero lot line development standards in YMC Chapter 15.09. Each individual dwelling unit will be constructed on its own lot, with access provided by a newly constructed extension of South 26th Avenue, offset to the east of the existing South 26th Avenue located north of Mead. a zero :3 of Short Plat #95-49, 6. Current Zoning and Land Use, The subject parcelis zoned R-1, Single Family Residential, and is presently undeveloped. Surrounding properties have the following land use characteristics: Location North South East West Zoning R-1 B-1 R-1 R-1 EXAMINER'S RECOMMENDATION - 2 Existing Use Single family homes Undeveloped. This property is also currently owned by Earl Pratt Two single family homes, other- wise undeveloped Single family homes HEARING re. FOR THE CRY AND COUNTY OF "AK MA POST OFFICE BC14 YAKMA. WASHINGTO% 98907 (509) 248-0706 7. Prosect Description. The subject property is 3.37 acres in size and comprises one lot of a three lot short plat. Road improvements along the south side of Mead Avenue were conditional to the recording of this short plat and included barrier curb and gutter, a four foot sidewalk, and 16 feet of pavement from the street centerline to face of the curb. These improvements have yet to be completed. The money to pay for installation has been placed in escrow and all required improvements stemming from the short plat are proposed to be completed simultaneously with the improvements that will be conditional to the approval of this subdivision. 8. Yakima Urban Area Comprehensive Plan. The Optimal Land Use Element of the Urban Area Comprehensive Plan provides several policy guidelines for assuring that new development is compatible with neighboring land uses, that adequate provision has been made for public services, and that new development should be directed by the goals and policies of the Comprehensive Plan. This development appears to be compatible with neighboring land uses, provisions for public services are adequate to the proposed land use, and the project is located in an area designated for single family residential development. The Housing Element of the plan encourages the development of a mixture of housing types and densities throughout the urban area. This proposed plat provides for single family dwellings, but in a manner that is both non-traditional for this community and at densities that are marginally higher than the community norm for R-1 zoning (albeit adjacent area norms are somewhat lower than will be found in other R-1 areas throughout the city). This plat meets both the intent and the goals of the comprehensive plan for single family residential development in the R-1 zone. From a compatibility standpoint, this project will have somewhat more dwelling units per acre than other residential development in the neighborhood, but it is a self-contained development such that the density will have little to no impact on other residential neighborhoods north and west of Mead. The EXAMINER'S RECOMMENDATION - 3 HEARING EXAMNER FOR THE CITY AND COUNTY OF YAKMIA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 primary impact will be traffic, which is dealt with ]below as part of the subdivision and zoning ordinance analysis. 9. Proposed Subdivision Specifications. 9.1 Total Area. 3.37 acres. 9.2 Number of Lots/Lot Density. 22 lots, with 8.7 dwelling units per net residential acre. This is based upon 22 lots with a total square footage of 110,361 square feet. 9.3 Lot Size. Most of the lots are 5,000 square feet. Seven lots are between 5,000 and 5,020 square feet. Two lots are 5,056 and 5,210 square feet. The latter is the largest lot. This preliminary plat complies with the ]Lot dimensions required by the city. One of the requirements is that the lot width at the front building setback line be at least 50 feet. As a point of interest, city ordinances conflict on this point. YMC 14.30.050, contained in the dated subdivision ordinance, establishes a minimum width of 60 feet. The subsequently enacted Urban Area Zoning Ordinance in Table 5-1 establishes the minimum lot width in the R-1 zone as 50 feet. This later adoption is treated as having repealed by implication the 60 foot width established in YMC 14.30.050. [Since it may be inappropriate for me to express any editorial opinion concerning the desirability of having consistent development standards located in one place rather than spread through the Urban Area Zoning Ordinance, and nine chapters of a dated subdivision ordinance, I will not do so.] 9.4 Water Supply. Public water. 9.5 Sanitary Sewage Disposal. Public sewer. 9.6 Storm Water Drainage. Retained on site. 9.7 Type of Housing. Individual on-site construction. 9.8 Streets. Access will come from Mead Avenue through an offset extension of South. 26th Avenue. This offset is located approximately 100 feet east of the existing location of South 26th on the north side of Mead Avenue. Two short street extensions, terminating in hammerhead EXAMINER'S RECOMMENDATION - 4 HEARING EXAM KV FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BCX 4 YAKIMA. WASHINGTO% 98907 (509) 248-0706 "T's", are located on the east side of the new street. These provide access to interior lots which do not front directly upon South 26th Avenue. Rolled curbs, gutters, and sidewalks have been proposed by the developer for both sides of South 26th Avenue and around the perimeter of both "T's". The July 7, 1995 preliminary plat layout shows the developer's proposed configuration of the lots. The version considered at the first hearing showed South 26th as extending to the south, so that it could provide a grid network for traffic when the south property is developed. The final proposal shows 26th bending to the east, with a hammerhead at its terminus and an "eyebrow" or "elbow" in the vicinities of lots 9, 10 and 11. Failure to provide a street which provides for future connection to Racquet Lane drew a negative response from the Planning Department. Mr. Benson in his supplemental staff report submitted on July 7 recommended denial for failure to provide the through street. This is consistent with the position taken throughout the analysis of this file by Shelley Wilson. City Engineer Fred French and Tony Sloan from the Fire Department both testified at the July 7 hearing that failure to provide a through street compromised emergency vehicle access and safe traffic flow. YMC 14.30.070(B)(1) states that street patterns should provide for continuation or appropriate projection of existing streets. The purpose of this is to allow economical extension of municipal services, reducing traffic danger and congestion on roads and securing economy in local governmental expenditures. See YMC 15.01.030(4, 5, 8, and 11). Numerous neighborhood comments were received that traffic on Mead Avenue is rapidly increasing. This is logical, based upon recent development of several housing subdivisions west of this project whose only access is Mead. In addition, Kissel Park, immediately south of Mead Avenue and located west of this project, when it is developed, will also throw additional traffic into the area. The purpose of a grid traffic system is to provide alternate means of traffic access, avoiding congestion at choke points. The existing development pattern of the Hamilton Park area, although EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 attractive in many respects, does not provide many traffic alternatives. The large land area south of Mead to Racquet Lane and to the creek south of Racquet Lane suggests the need to accommodate the potential for significant additional traffic in this area. In all probability Racquet Lane will be extended west to 27th, further supplementing the grid. As it currently stands, 27th has right-of-way problems given the location of a house and lack of right-of-way in the vicinity of 27th and Racquet Lane. This proposed street (26th) is critical to the future orderly development of this area. Accordingly, this plat if approved should be redesigned to reflect extension of 26th to the south property line, with the street located in the vicinity of the existing sewer line. This requires reconfiguration of the lots, and will probably result in the loss of one lot. If a lot must be deleted from this proposal, it helps mitigate neighborhood concern about the density of this project. If this were built to normal R-1 subdivision standards, each lot would be a minimum of 7,000 square feet. It is possible that 15 or 16 lots could be developed at that lot size, as compared to the 22 lots proposed here. If only 21 lots result from this development., the increase in density permitted by taking advantage of the zero lot line provisions is nevertheless still significant, and is consistent with the directives of the comprehensive plan, subdivision, and zoning ordinances in their effort to encourage flexibility of design while providing for logical provision of government services. The primary traffic impact of this project on Mead will be the volume of traffic generated by this project on Mead, from 26th out to 24th Avenue. Although Mead is not rated as an arterial, there is a very high probability that a left turn lane on Mead will be desirable, providing traffic coming west from 24th a left turn lane to turn south onto 26th from Mead. If Mead is constructed to allow a future :left turn lane, it will avoid future congestion on Mead in this area, and will also help to mitigate the EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINE]: FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKI MA. WASHINGTON 56907 (509) 248-0706 impact of traffic on the Dwarshuis residence at the northeast corner of 26th and Mead. As part of the prior short plat improvements are required to Mead Avenue, resulting in 32 feet of pavement, plus curb and gutter on the south side. Mr. Kevin Callow, from the City Engineer's Office, has indicated that if the pavement width is increased to 33 feet, the City at some future time can stripe a left turn lane. The result will be three 11 foot wide lanes, together with a prohibition of parking in this vicinity of Mead. The actual lane striping and parking prohibition can occur at some future date. It is appropriate at this point, before the short plat improvements are completed, to require the pavement width increased by one foot. This can apparently be accommodated within the existing right of way, again according to Mr. Callow. The City Engineer is also requiring that the radius of the intersection of South 26th with Mead be redesigned to show a 20 foot radius of the corners. This is reflected on the July 7 preliminary plat. 9.9 Curb, Gutter, and Streetlights. The proposed street (26th) will be classified as a local access street, requiring 50 feet of right-of-way with 32 feet of pavement to face of curb. The normal standard is to require a vertical or barrier curb and gutter, with a 4 foot sidewalk on one side of the street. This proposal is for rolled curb and gutter, a 4 foot landscaping strip with trees and grass on the inside of the curb, with a 4 or 5 foot wide sidewalk on the outer edge of the right-of- way. In other words, a sidewalk, grassy strip, and then curb and gutter. The purpose of the rolled curb is to allow flexibility in locating driveways, thus avoiding the need to rip out significant amounts of curbing when the lots are built out. The reason for normally requiring a barrier curb on through streets is primarily for traffic control. It helps to keep cars from running up onto the yard, and also helps to control on street parking. Children are also less likely to roll out into the street on their tricycles or bicycles if a barrier curb is used. EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 in this instance, the presence of a 4 foot wide landscaping strip between the sidewalk and the curb justifies allowing rolled curbs. This is a tight development in which there will be many curb cuts, and not much space on the street for parking. The landscaped strip will provide the same protective benefit for pedestrians or children on the sidewalk as a barrier curb. Barrier curbs should, however, be required on all street corners, on the radius. The purpose is to protect czars from running up over the curb and to provide better control for drainage. This requirement is similar to that developed by Yakima County several years ago. The physical appearance of the curb is acceptable, in that the barrier curb simply tapers down to the rolled curb. Design formats are undoubtedly available from the Yakima County Public Works Department. Street lights will be constructed pursuant to city design standards. 9.10 Street Offset. Street jogs or offsets of less than 120 feet should not be allowed, according to the subdivision ordinance. In this instance the city design review team recommends allowing the offset because of the location of the sewer line. The city installed the sewer line in this location to conform with the grade. City policy typically requires sewers to be located in public rights of way for ease of access and maintenance. Furthermore, stringent building rules apply if a sewer line is to be built over. In this instance, the developer has conformed his streets to the existing sewer line, did not create the problem, and is attempting to comply with city policy concerning streets and sewers while still developing his property. The inevitable conflict between the offset rule and the sewer rule requires consideration of the reason for the offset rule. As established by Mr. French's hearing testimony, if streets are continuous, it is particularly important to avoid offsets. In this instance, the Hamilton Park addition is developed with discontinuous streets which do not serve the outside world. Thus, the reason for avoiding an offset is less significant in this EXAMINER'S RECOMMENDATION - 8 HEARING EXAMUIr FOR THE CITY AND COUNTY OF N. _ . MIA POST OFFICE BOX 4 YAKI.4A. WASHINGTON 96907 (509( 248-0706 instance. This offset will nevertheless have a significant adverse impact upon the house on the northeast corner of 26th and Mead, owned by Mr. and Mrs. Bryan Dwarshuis. They attended both hearings and expressed significant concerns about the headlights and traffic making their house less livable and less safe. Development of this offset will definitely make their property less attractive. Nothing in the record supports a finding that their property will be less safe. One of the risks of owning property in the proximity of undeveloped property is the difficulty of predicting how that open land will develop. The proposed street design is otherwise consistent with city standards, and does not present significant safety hazards. 9.11 Parks and Playgrounds. This project is within reasonable proximity to undeveloped Kissel Park, which will provide adequate playground facilities. 9.12 Provisions for Schools. No comment was received from the Yakima school district. There is no evidence in the record suggesting that school capacity is inadequate or that special provision should be made for schools. 9.13 Sewer. This project will be required to provide sewer stub outs to serve the two lots of the short plat. This is agreed by the developer. The only other sewer controversy deals with the City recommendation that a side sewer be extended on the south edge of the property, to the east property line. The purpose of this is to service particular extension. currently vacant property to the east. Due to the specific circumstances of this parcel, it is not appropriate to require the sewer A manhole in the existing sewer line exists approximately 20 feet south of the south property line of this parcel. This manhole was installed to accommodate a bend in the sewer line and is located on the vacant property to the south also owned by Mr. Pratt. This manhole provides the most logical and economical location if a new side sewer is to be extended east from the line in 26th. That issue can be dealt with at the time the vacant property is developed. Although it may not be equitable to EXAMINER'S RECOMMENDATION - 9 HEARING EXAM NER FOR THE CITY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 require Mr. Pratt to install the sewer line at his expense at that time, it may be prudent to require dedication of ari easement, so that other developers have the ability to connect to the City line in the future. That issue can be resolved later and does not need to be dealt with as part of this application. There is a possibility that in final planning for this proposal the sewer in the south hammerhead, which will be required to service at least lots 13, 14, 15, and 16, can be extended in the building setback area to the east property line. That is an issue which can be resolved at the engineering level, with the developer, at the appropriate time. It is not necessary to deal with that issue at this time. The final plat should reflect the easement if it is created. 10. Zero Lot Line Class 2 Review. Zero lot line development is a Class 2 use in the R-1 zone. (YMC Chapter 15.04, Table 4-1). The standard of review for a Class 2 use is that it is generally permitted in the zone, but the compatibility between a Class 2 use and the surrounding area cannot be determined in advance. Occasionally a Class 2 use may be incompatible at a particular location. Class 2 review is required in order to promote compatibility with the intent and character of the zone and the objectives and development criteria of the comprehensive plan. Conditions of approval may ]be imposed on the approval. (YMC 15.04.020(2)). The development standards for zero lot line projects are at YMC 15.09.040. This application is the first time the zero lot line provisions have been utilized since the adoptions of the Urban Area Zoning Ordinance in 1986. As a consequence, the developer, City staff, and certainly this Examiner, are working through how the provisions work and should be applied. A copy of YMC 15.09.040, concerning zero lot line development, is attached as Exhibit "A" for reference convenience. In order to take advantage of the 5,000 square foot minimum lot size, the provisions of this section must be followed. In addition to lot size reduction, the primary changes are in building setbacks. Because the house can be built on one property EXAMINER'S RECOMMENDATION' - 10 HEARING EXAMINE FOR THE CITY AND COUNTY OF'!AKIMA POST OFFICE BOX 4 YAK IMA. WASHINGTON 98907 (509) 248-0706 line, the building setback from the other side property line must be 10 feet rather than the normal 5 feet. The rear yard setback is 10 feet, rather than the customary 20 feet. The front and street side setback standards are the same as for other projects, as shown on Table 5-1. In this instance, the front yard setback is 20 feet from the property line, which is equivalent to 45 feet from the centerline of a local access road with 50 feet of right of way. The preliminary plat layout dated July 7, 1995 shows the zero lot lines as being the ones with the blue dots. The zero lot line scheme is closed between lots 11 and 12. It is inevitable that the final lot must have a freestanding building not located on any property line, so that the side setbacks can conform with the normal rules for adjacent development. This also means that the last lot or lots in a zero lot line development have non -zero lot line houses on small lots, even though normal development cannot have such small lots. In other words, normally the smallest lot for a house with building setbacks on all sides would be 7,000 square feet. In this instance, two lots, 11 and 12, will have freestanding houses, not located on any lot line, on approximately 5,000 square foot lots. This is an irevitable result and should be permitted. Because houses are located on the lot line, the adjacent lot must be burdened with a maintenance and drainage easement as reflected in YMC 15.09.40(6). This is a perpetual maintenance, eaves overhang, and drainage easement at least 5 feet wide which must be provided on the lot adjacent to the zero lot line property line. This area, with the exception of walls or fences, is to be kept clear of structures. The easement is to be shown on the plat and incorporated into each deed transferring title. In addition, the wall is to be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but only eaves, may protrude across a side lot line up to 18 inches. Water runoff from the dwelling placed on the lot line is limited to the easement area. This easement must be shown on the preliminary plat, and is not currently shown. EXAMINER'S RECOMMENDATION - 11 HEAR NG EXAM NER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0706 The building envelopes, however, do comply with the zero lot line setback rules, except for lot 18, which must be revised so that its front yard is served by the hammerhead. As currently configured, lot 18 has its front yard on 26th Avenue. Standard city policy requires all driveway frontages to be ori side streets to the extent reasonably possible. In this instance, the north hammerhead should service lots 18, 19, 20, 21, and 22. This section also requires that the wall in the zero lot line must not have any openings. The language of YMC 15.09.040(5) should also be reflected in a note on the plat. Maximum lot coverage in the R -.l zone is 45%. The zero lot line section deals with maximum lot coverage and picks up this requirement by stating: "The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1." (YMC 15.09.040(3)). Mr. Monahan has raised the question, and will present for council consideration, the issue of whether administrative adjustments are permitted for zero lot line developments. If they are, he is interested in increasing the amount of permissible lot coverage, and in having openings on the zero lot line wall. He is also curious to know whether or not the zero lot line wall must be entirely located on the zero lot line, or can be jogged off the lot line. Administrative adjustments are authorized by YMC Chapter 15.10. The chapter specifically states that the purpose is to provide flexibility "...by allowing certain development standards in Chapters 15.05 through 15.08 to be administratively adjusted." (YMC 15.10.020, emphasis added). Chapter 15.09, dealing with zero lot line development, is not included in the specific list of chapters whose development standards may be adjusted. Zero lot line development allows more intense utilization of property, without requiring a rezone. It is reasonable to expect that the clear standards of that chapter be followed, and not be modified. This view is consistent with the specific language quoted above, which does not authorize adjustment concerning zero lot line projects. This also means that standards EXAMINER'S RECOMMENDATION - 12 HEARING EXAMINE FOR THE CITY ANC) COUNTY OF YAKIMA PEST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-070Ei applicable to subdivisions which can otherwise be adjusted, such as lot coverage, cannot be adjusted when they apply to zero lot line projects. For instance, lot coverage is dealt with in chapter 15.05, which can normally be adjusted. As applied to zero lot line projects, however, the clear language of 'MC 15.10.020, coupled with the clear language of Chapter 15.09, supports concluding that otherwise adjustable standards can not be adjusted in this instance. With respect to location of a wall on the zero lot line, it is not required that the wall be located on the property line. However, the setback rules continue to apply and should not be adjusted. Furthermore, whether or not the wall is located on the line or not, no openings are permitted in the wall. The prohibition on openings is mandatory, and leaves no room for discretion. (See YMC 15.09.040(5)). The only time openings are permitted is when a zero lot line wall abuts permanent open spaces or a public or private right of way. No permanent open spaces or public or private rights of way are provided in this plat. Simply having a building setback and imposing some type of easement purporting to create open space or priv'te right of way is deemed insufficient to circumvent this prohibition of openings. This project clearly complies with the Class 2 standard of review and is compatible with the area. The only real issue is the amount of traffic thrown onto Mead Avenue by increasing the number of dwelling units. Although precise information is not available, compared to the existing traffic on Mead Avenue, the increased traffic resulting from several additional units allowed by zero lot line development is relatively insignificant. This is an innovative utilization of existing ordinance provisions which have been in place for 9 years, have been designed to encourage provision of affordable housing, and yet have not until this time been taken advantage of by the development community. 11. Environmental Review. A Determination of Non- significance was issued by the City on December 21, 1994. No significant agency comments were received. On May 24, 1995 an EXAMINER'S RECOMMENDATION - 13 HEARING EXAM MER FOR THE CITY AND COUNTY OF YAKP. A POST OFFICE BC* 4 YAKMA. WASHINGTO'. 98907 (509) 248-0706 addendum was issued to cover changes made to the original application. The addendum did not alter the original DNS but was recirculated for a second comment period. Both comment periods have ended, and no appeals have been filed. 12. 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 and zero lot line development (as modified herein) conform with the goals and policies of the Yakima Urban Area Comprehensive Plan, the intent of the Yakima Urban Area Zoning Ordinance, the provisions of the Subdivision Ordinance, Title 14, and will serve the public use and interest, subject to the conditions set forth in the ;Recommendation below. 3. All notice provisions of the ordinance have been complied with. Based upon the f'regoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION 1. If this plat is not revised consistent with the findings, conclusions and recommendations set forth below, then my recommendation is denial. 2. If this preliminary plat is revised consistent with this recommendation, subject to the following conditions, then my recommendation is approval. A. The revised preliminary plat, and final plat, must substantially conform with the preliminary plat layout dated July 7, 1995, in regard to lot sizes and layout, except that road alignment shall show an extension of South 26th Avenue to the south property line, and probably elimination of one lot to accomplish this realignment. The realignment shall be in the vicinity of the EXAMINER'S RECOMMENDATION - 14 HEARING EXAMMER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKNA. WASHINGTON 913907 (509) 248-0706 existing public sewer. Lot 18 shall be revised to reflect a building envelope showing the cul-de-sac to the north as the front yard, with appropriate setbacks. Building footprints and zero lot line easements shall also be indicated. B. The public road improvements must be designed and constructed to current City of Yakima standards for local access streets, as modified to reflect sidewalks on both sides with the .planting strip. Street plans must be prepared by a licensed professional engineer and reviewed and approved by the City Engineer prior to construction. C. Public road right of way must be dedicated as follows: (1) 50 feet of right of way for South 26th, from Mead to the south property line, generally centered over the existing sewer main. (2). The side streets with the hammerhead turnarounds shall have 35 feet of right of way, with 20 foot and 30 foot legs on each hammerhead, measured from the right of way line, designed pursuant to minor local access street standards. D. Frontage improvements along Mead Avenue required as part of the short plat referenced in the findings shall be completed in conjunction with this project, together with 20 foot radii on the intersection of South 26th with Mead, barrier curbs on the radii and on Mead Avenue, together with the one extra foot of pavement, for a total of 33 feet of pavement width on the property frontage east of 26th. A traffic barrier acceptable to the City Engineer shall be installed at the south terminus of 26th Avenue, on the south property line. E. A minimum of 8 foot wide utility easements must be provided adjacent to all public rights of way, and as specified by the utility providers. F. The location of any proposed and/or existing road approach to all public roads must be applied for, reviewed and approved by the City Engineer. Written verification of such approval for the access approach must be submitted to the Planning Department prior to final plat approval. No approaches to 26th EXAMINER'S RECOMMENDATION - 15 HEAR NG EXAMINER FOR THE CITY ANO COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0706 Avenue will '?e permitted for lots 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. The City Engineer will determine if any road signs are required for this development. If so, they will be installed by the City prior to acceptance of the road and all costs associated with supplying and installing the signs must be reimbursed to the City by the developer. G. A preconstruction conference must be arranged by the developer prior to any road or utility construction within the proposed or existing road rights of way, and an inspector from the City must inspect actual road construction. H. The two short streets going east from the extension of South 26th Avenue shall be named pursuant to direction from the City Engineer, most likely Loren Court and King Court, consistent with similar alignments found in the plat of Suncrest, located to the west. I. All mail delivery shall be centralized, with site placement to be determined by the postal service. J. All lots shall be served with domestic water and public sewer. Water and sewer plans must be prepared by a licensed professional engineer and reviewed and approved by the City Engineer prior to construction. K. Utility and access easements shall be reflectedon the plat and where reasonably possible shall be placed underground. L. Street lights and fire hydrants shall be provided and installed by the developer at locations and to the specifications of the City of Yakima Code Administrator. M. An extensive note shall be placed on the plat setting forth that this plat is subject to the provisions of zero lot line development as authorized by YMC 15.09.040. The note shall reflect the prohibition on openings and maintenance and drainage easements as reflected in that section. The note shall also reflect that the design standards which are otherwise administratively adjustable under the Urban Area Zoning Ordinance are not administratively adjustable with respect to this proposal. The note shall also reflect the unique dwelling unit setbacks required in a zero lot line development. The purpose of such an EXAMINER'S RECOMMENDATION - 16 HE6RWG EXAMIN F FOR THE CITY AN COUNTY OF YAKIMA FOST OFFICE BOSfc 4 YAKMA. WASHINGTON, 98907 (509) 248-0705 extensive note is to put future owners, lenders, and plan review officials on notice of the unique characteristics of this project. N. Rolled curbs and gutters shall be permitted along both sides of South 26th Avenue. Barrier curbs shall be required around on the radius of all street corners. Sidewalks shall be provided on both sides of all streets, together with planting strips on 26th, as indicated in the July 7 preliminary plat layout. All sidewalks shall be located on public right of way. O. Storm water drainage facilities to accommodate runoff generated within the plat must comply with a drainage facilities plan prepared by a licensed professional engineer and approved by the City Engineer. P. Detailed plans for all proposed utilities within rights of way must be submitted for review and approval prior to construction of the utilities. Q. The following notes must be placed on the face of the plat: (1) -Road approach permits are required for each lots. All road approaches must be reviewed and approved by the City Engineer prior to issuance of the building permit. (2) No direct vehicle access will be permitted to South 26th Avenue from lots 13 through 22. (3) The owner shown hereon, their grantees, and assignees in interests, hereby covenant and agree to retain all surface water generated within the plat on site. Any natural drainageways must not be altered or impeded. R. A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima Clean Air Authority. A written copy of their approval shall be submitted to the Planning Department prior to construction of any work phase. The developer shall designate, during working hours, a responsible party to serve as a contact person alleged air quality violations. S. Prior to recording the final plat or issuance of building permits, all required plat improvements must be installed; alternatively, an escrow account shall be established or a bond provided in an amount and with conditions acceptable to the City EXAMINER'S RECOMMENDATION - 17 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 Engineer to assure installation of all required improvements. Building permits my be issued on a lot by lot basis by the City Engineer when determined that building construction will not interfere with utility and roadway construction. T. If the developer elects to escrow or bond for the required plat improvements, and fails to complete them in the time specified in the escrow or bond agreement, the City shall have the authority to suspend issuance of building permits or occupancy permits until the required improvements are accepted as satisfactorily completed. U. The final plat shall be prepared by a licensed surveyor, shall conform with the conditions of preliminary plat approval, and shall meet the requirements of YMC 14.25.200. V. The totalproject must be finalized and the final plat submitted within the maximum time period set forth in RCW 58.17.140 as follows: Three years from the date of the City Council resolution approving the preliminary plat, with a possible one time, one year extension, provided the :request for an extension is submitted to the City Council at least 30 days prior to the 3 year expiration. [This time frame is set forth in YMC 14.25.160. The conflicting provisions of YMC 14.25.170, which indicate that the final plat must be filed within one year from the date of approval of the preliminary plat, are not unreconci:Lable with the prior section, and far more restrictive than permitted by st:ate law. It appears that YMC 14.25.160 was adopted in 1982, after adoption of the original subdivision ordinance :in 1978. It therefore is treated as repealing by implication YMC 14.25.170(A).] DATED this d day of July, 1995. PHILIP A. LAM Hearing Examiner EXAMINER'S RECOMMENDATION -- 18 HEARING EXAM Pe FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0706 15.09.040 Zero lot Ling Development, A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energ} efficient arrangement of structures, protect environmentally sensitive area. or provide more usable private or community open space. D. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by Class (2) review. Zero lot line development may also be approved on lots created before the effective date of this title by Class (3) review. A site plan meeting the requirements of Section 15.11.040 or, as applicable, Section 15.11.050 shall be prepared for all zero lot line development. pevelurnent S1aTSd.g.Ei1.,. All zero lot line developments f comply with the standards of Table 5-1 and 5-2, the provisions of this title and the following requirements: provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply: 1 . Dwelling Unit Setbacks: a. Interior Side Yard Setback Standard. The dwelling uni be placed on one interior side property line (a zero setb . The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, wa s and other similar elements are permitted within the required setback area. b. Rear Yard Setback Standard. The rear yard setback standard is ten feet. c. Front and Streetside Setback Standards. Front and streetside setback standards shall be those shown on Table 5-1. 2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwellin unit. 3. Maximum Lot Coverage. The total _ lot__coverage_ on_ a_lot_1sha11 of exceed_ the _ dis 'ct_.requirements established in _ Table_ 5-1. 4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of- way. 6. Maintenance and Drainage Easements. A perpetual maintenance, eaves overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18". UAZO (Revised 10/1/93) 9 2 Water runoff from the dwelling placed on the lot is limited to the easement area. 7. Common Open Space and Maintenance ;Facilities. Any common open space provided shall comply with the provisions of Section 15.09.030. (C)rd. 2947 §1 (part), 1986). .15.09.050 Performanceandards— Emissions. &.Purtlose apd A2plication. The purpose of this section is to provide guidelines and generall standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms of this title. A reviewing official, including those engaged in Class (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses. $. CJases. Fumes and Vapors. The emission of any gases, fumes or vapors dangerous to human health, animal life, vegetation or property, are prohibited. C. Heat. No use shall produce heat significantly perceptible beyond its lot lines. P. (31 a re. No use shall produce a strong dazzling light, or a reflection of a strong dazzling light, beyond its int lines. E. Vibrations. No use shall cause vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of vibration resulting from construction activity. F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust, constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. (Ord. 2947 §1 (part), 1986). 15.09.070 Special Development Standards _for Service ,Stations a;tjj Other Retail Uses Selling Mote Fu 1. A. Purpose. The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located. B. Fifty -foot Setback from Residential Districts Required Each pump island shall be setback at least 50 feet from the zoning district boundary of all L'AZO (Revised 11)/1/93) 9 3 ITEM TITLE: by Earl Pratt. SUBMITTED BY: Development BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10 For Meeting of October 15. 199Q Public Meeting to consider the final plat of Emery Lane submitted Glenn J. Valenzuela, Director of Community & Econ. CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575-6042 SUMMARY EXPLANATION: Emery Lane is a 22 -lot single-family subdivision that utilizes the zero lot line development standards found in Chapter 15.09 of the Urban Area Zoning Ordinance. Each individual dwelling unit within this plat will be constructed on a separate parcel of land with access provided by a newly constructed offset extension of South 26th Avenue. The subject property is approximately 3.37 acres in size, located on the south side Mead Avenue, and zoned R-1, single-family residential. In open Council session on September 19, 1995, the Hearing Examiner's recommendation granting preliminary approval of this long plat was accepted. The City Engineer's office has inspected and accepted all required physical improvements and the City Engineer has signed the plat in affirmation of this fact. The Planning Division has reviewed the final plat and finds it to be in substantial conformances with the terms and conditions of the preliminary plat . Staff recommends Council's acceptance of the final plat and passage of the resolution authorizing the Mayor's signature. Resolution X Ordinance_ Contract _ Other (Specify)Staff Report, Hearing Examiners Decision, Final Plat diagram Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing the Mayor to sign final plat. BOARD RECOMMENDATION: COUNCIL ACTION: The Resolution was adopted. Resolution No. R-96-134