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R-1997-050 Chestnut Grove Condominium Association
RESOLUTION NO. R-97- so A RESOLUTION authorizing the Chestnut Grove Condominium Association to remove thirty-four (34) sycamore trees located in the City right-of-way along North 50th Avenue between Chestnut Avenue and Summitview Avenue, Yakima, Washington. WHEREAS, thirty-four (34) sycamore trees were planted in the City right- of-way along North 50th Avenue between Chestnut Avenue and Summitview Avenue during the development of the Chestnut Grove Condominiums; and WHEREAS, the planting location of these sycamore trees is narrow and provides a very limited root zone and the trees have already outgrown this planting location; and WHEREAS; the roots from the sycamore trees have extended greatly and have caused significant damage to the adjacent sidewalk; and WHEREAS, branches from the sycamore trees have also grown rapidly and require substantial maintenance; and WHEREAS, the sycamore trees were significantly damaged during the 1996-97 winter due to adverse weather conditions and heavy snowfall; and WHEREAS, the condition and location of the sycamore trees has created a potential hazard to users of the adjacent sidewalk and surrounding areas; and WHEREAS, the Chestnut Grove Condominium Association has requested permission to remove the sycamore trees at the expense of the Association; and WHEREAS, the Parks and Recreation Division recommends that these sycamore trees be removed and that an alternative and suitable tree species be planted at this location along North 50th Avenue; and WHEREAS, the City Council deems it to be in the best interest of the City to grant permission to the Chestnut Grove Condominium Association to remove these sycamore trees at expense of the Association, now, therefore, pkhes/symacrt veep/pm BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Chestnut Grove Condominium Association is hereby authorized to remove, at the expense of the Association, thirty-four (34) sycamore trees located in the City of Yakima right-of-way along North 50th Avenue, between Chestnut Avenue and Surnmitview Avenue, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 15th day of April 1997. Ai"1'EST: L :uchanan, Mayor City Clerk flklre./eycemore ver./pm 6.04.390 (2) It is unlawful for any person to be an empl• ee of a body studio or model studio, as defined in sub - on A of this section. (3) It is unlawful for any person, on the ' – of a body studio or model studio, to paint, • , feel, handle, or touch the unclothed body or an ' lothed portion of the body of another person, or to ' - so paint- ed, ainted, massaged, felt, handled or touched by an er person, or to observe, view cc photograph any sucactivity, cc to engage in any such activity, or to engagin any such activity for the purpose of being observ= ' viewed or photographed. C. Separate Offenses. (1) Each day of operating. conduc ' g or maintaining a body studio or model studio in vio • S on of subsection B(1) of this section shall constitute • separate offense. (2) Each day on which any s ' is an employee of a body studio or model studio in .elation of subsection B(2) of this section shall constitu a separate offense. (3) Each incident of unla conduct prohibited by subsection B(3) of this section . constitute a separate offense. (Ord. 2073 § 1, 197 6.04.392 Body studi'. declared public nuisance. Any use of property n the city of Yakima as a body studio or model dio as defined by Section 6.04.390, is a public n ' , subject to prevention or abatement by injunction other appropriate legal remedy in the superior court of a state of Washington in and for Yakima County. (Ord 2073 § 2, 1977). 6.04.435 mbling for unlawful purpose— C Inspiracy. It is unlawful for any two or more persons to assemble together with in Int to do any unlawful act or being assembled to rn • 'y a, do an unlawful act with force and viol ce against the property of the city cr the person or of another, or against the peace or to the terror of ethers. (Ord. A-236 § 5, 1917). 6.04.440 Bulletins—Defacing or removing. It is wful for any person, not an officer or em- ployee of the city of Yakima, to remove, or destroy, or tear down, or deface, either in whole or in part, or to mark o write upon, change, obliterate, or mar, or in any manner alter or change the writing, printing or signature, or any part of such writing, printing or signature, upon any bulletin, notice, poster, or paper writing of the city, whish is by any employee or officer of the city, placed or posted upon the walls or other parts of any public building or public place, or upon any bulletin board or (Yakima 2-95) other place of the city, or upon or in any building by the city or occupied by it or any of its offi public building, or upon any bulletin board or • last-mentioned building or buildings. (Ord. 1917). 6.04.450 False alarm of fire. A. A person is guilty of false knowledge that the information circulated is false, he initiates or circ er warning of an alleged occurrence rence of a fire, explosion, knowing that such false report is tion 'of a bulding. place of asse facility, or to cause public into B. This section shall not other member of the fire duly authorized to sound deemed proper. C. False alarm of fire 94-22 § 22,1994: Ord. 6.04.465 Bill 11 is unlawful for paint or otherwise any person, any no tisement or other attention of the waik, curb or c any public wa power, tele or fixture 250 goffireifwith conveyed or a false report impending occur- he ahahe or emergency ly to cause evacua- bly, or transportation venience or alarm. ly to the chief or any ent orto such persons alarm when such may be g. any person to post, stick, stamp, , or cause the same to be done by ce, placard, bill, card, poster, adver- r or device, calculated to attract the blic, to or upon any sidewalk, cross - stone, or any other portion or part of or public place, or any lamp post, light, h or telephone pole, or any hydrant, box o the fire alarm or police communication system, or er public structure or building, or on any private • s , fence, building or other private property without ' e consent of the owner or person in control thereof. ' e • 954 § 1, 1967: Ord. B-64, 1934: Ord. A- 236 § 1 , 1917). 6.04.40 Mischievous missile throwing. A. It is unlawful for any person who willfully or iously throws any missile or any other object at, t or upon any house, building, structure, vehicle or car or any premises of any person with the intent to vex or oy the owner or occupant thereof. B. Mischievous missile throwing is a misdemeanor. 94-22 § 23, 1994: Ord. 93-58 § 4, 1993). 6.04.515 Trees Injury to pavements, etc. It is unlawful for the owner or occupant of any proper- ty in the city of Yakima to maintain or permit any tree or shrub, either on or in front of said property, the roots of which in any manner interfere with or cause the sur- face of the street or sidewalk to be upheaved or otherwise disturbed, or the roots of which in any manner interfere with, break, damage or destroy any water pipeline or sewer line. (Ord. B-1595, 1954; Ord. A-236 § 22, 1917). 6.04520 Trees Interfering with travel. It is unlawful for the owner or occupant of any proper- ty in the city of Yakima to maintain or permit any tree or shrub, either on or in front of the said property, the lower limbs or any part of which project or are above the sidewalk or street at an elevation of less than eight feet. (Ord. A-236 § 23, 1917). 6.04.525 Trees—Interfering with wires. It is unlawful for the owner or occupant of any proper- ty in the city of Yakima to maintain or permit any tree or shrub, either on or in front of the said property, in such manner as to interfere with any of the wires or conduits or other property of the city of Yakima (Ord. A-236 § 24, 1917). 6.04.540 Loitering for the purpose of engaging in drug-related activity A. It is unlawful for any person to loiter in cnear any thoroughfare, place open to the public or as any public or private place in a manner and uncircum- stances manifesting the purpose to engage in ,. g -related activity contrary to any of the provisio of Chapters 69.41, 69.50 or 69.52 of the Revised C. •' of Washing- ton. B. No arrest shall be made for a violation of this section unless the arresting offi first affords such person an opportunity to exp such conduct, and no person shall be convicted of olating this section if it appears at trial that the exp = • ' on given was true and disclosed a lawful p C. Included among . e circumstances which may be considered in deter g whether such purpose is mani- fested, but not limi : thereto, are: 1. Such , is a known, unlawful drug user, possessor, or sel - , 2. It is kn • that such person has been convicted in any court thin this state within a period of two years of any vio • . on involving the use, possession or sale of any of the bstances referred to in Chapters 69.41, 69.50 and 69.5 of the Revised Code of Washington, or, within two y , such person has been convicted of any viola- tion o any of the provisions of said chapters of the Revi ' Code of Washington; The area involved is by public repute known to an area of unlawful drug use and trafficking; 4. The premises involved are known reported to law enforcement as a place activity pursuant to Chapter 69.52 of of Washington; 5. My vehicle involved is to a known unlawful drug user, which there is an outstanding ing drug-related activity; 6. Such person behaves a reasonable suspicion in oris then engaged .in 7. Such person a police officer; 8. Such person himself or herself involved in an 9. Such upon the requ D. Loi related acti 1994; Ord. 251 have been tut of dry e Revised Coa wn to be registered or sella or fr it for a cairn involy- such, a manner as to raise or she is about to engage wful drug-related activity; Sight upon the appearance of manifestly endeavors to conceal any object that reasonably could be wful drug-related activity; n refuses to identify himself or herself of an identified police officer. g for the purpose of engaging in drug- ty is a misdemeanor. (Ord. 94-22 § 24, 097 § 1, 1988). 6.0438 Savings clause. No g in this chapter shall be deemed to affect any civil ' t or remedy existing at the time that it shall take eff by virtue of the provisions of any ordinance now in f (Orta. A-236 § 34, 1917). 6,64.585 Interpretation of chapter. Every provision of this chapter shall be construed to e full import of its teams. (Ord. A-236 § 35, 1917). (Yak 2-9)) Sections: 6.02.010 6.02.020 6.02.030 6.02.040 6.02.050 6.02.060 Chapter 6.02 GENERAL PROVISIONS Attempt defined—How punished. Principal defined—How punished. Severability. Person defined. Violation—Penalty. Application of chapter to prior offenses. 6.02.010 Attempt defined—How punished. An act done with intent to commit any crime defined by an ordinance of the city of Yakima, and tending but failing to accomplish it, is an attempt to commit that crime; and every person who attempts to commit such a crime shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars or by imprisonment in the city jail facility for a term not exceeding ninety days. (Ord. 2501 § 1, 1981: Ord. 1521 § 1, 1973: Ord. 448 § 1, 1963). 6.02.020 Principal defined—How punished. Every person concerned in the commission of a viola- tion of any ordinance of the city of Yakima, whether he directly commits the act constituting the offense or aids and abets in its commission, and whether present a absent; and every person who directly or indirectly coun- sels, encourages, hires, commands, induces or otherwise procures another to commit a violation of any ordinance of the city of Yakima, is a principal and shall be charged, proceeded against and punished as such. (Ord. 466 § 1, 1963). 6.02.030 Severability. If any clause, part or section of this title shall be ad- judged invalid or unconstitutional, such judgment shall not affect or invalidate the remainder of this title nor the application of any such clause, part or section to any other person, but shall be confined in its operation to the clause, part or section directly involved in the controversy in which such judgment was rendered. (Ord. 1130 § 1, 1969). 6.02.040 Person defined. The word `person" whenever used in this title shall, when necessary, be held and construed to mean and include natural persons of either sex, associations, part- nerships and corporations, whether acting by themselves or by servant, agent or employee. The singular number 241 6.02.010 shall be held and construed to include the plural and vice versa, and the masculine pronoun to include the feminine pronoun. (Ord. 1130 § 2., 1969). 6.02.050 " Violation—Penalty. A. Itis unlawful for any person to violate any provi- sion or to fail to comply with any requirement of this title. Any person who violates any of these provisions or fails to comply with any of the mandatory requirements of this title, or who is convicted of being a disorderly person, unless otherwise specified, commits a misdemean- or in violation of this title and shall be punished by jail imprisonment for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. B. A crime is a gross misdemeanor if it is punishable by a maximum term fixed by the court of not more than three hundred sixty-five days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine. (Ord. 94-22 § 1, 1994: Ord. 93-57 § 1, 1993: Ord. 2325 § 1, 1979: Ord. 1521 § 2, 1973: Ord. 1130 § 3, 1969). 6.02.060 Application of chapter to prior offenses. Nothing contained in any provisions of this chapter shall apply to an offense committed or act done at any time before the date when this chapter shall take effect. Such an offense shall be punished according to, and such act shall be governed by the ordinance existing when it was done or committed, in the same manner as if this chapter had not been passed. (Ord. 94-22 § 2, 1994). (Ya 2.95) 1 Acknowledgments On this .... day of , 19. .., before me pers ally appeared , to me known to be the (presi nt, vice president, secretary, treasurer, or other auth• rized officer or agent, as the case may be) of the corpora '.n that executed the within and foregoing instrument, and knowl- edged said instrument to be the free and volun . act and deed of said corporation, for the uses and p • ses therein mentioned, and on oath stated that he was . thorized to execute said instrumentt and that the sell •ffixed is the corporate seal of said corporation. In Witness Whereof I have hereuntd t my hand and affixed my official seal the day and yea; ft above written. (Signature and title of officer with pV. e of residence of notary public.) [1988 c 69 § 3; 192 c 33 § 14; RRS § 10567. Prior: 1903 c 132 § 1.] / 64.08.090 Authority of sup rintendents, business managers and officers of correctional institutions to take acknowledgments and adminkste oaths—Procedure.The superintendents, associate and 'ssistant superintendents, business managers, records offs, ers and camp superinten- dents of any correctional insti 'ttion or facility operated by the state of Washington are hereby authorized and empow- ered to take acknowledgments,bn any instruments of writing, and certify the same in the/Manner required by law, and to administer all oaths requirfd by law to be administered, all of the foregoing acts to have the same effect as if performed by a notary public: PPR a ui ED, That such authority shall only extend to taking owledgments for and administer- ing oaths to officers,/ mployees and residents of such institutions and facili • es. None of the individuals herein empowered to take ; knowledgments and administer oaths shall demand or act t any fee or compensation whatsoever for administering r taking any oath, affirmation, or ac- knowledgment un r the authority conferred by this section. In certifyin any oath or in signing any instrument officially, an r ividual empowered to do so under this section shall, i /addition to his name, state in writing his place of resid e, the date of his action, and affix the seal of the institu ' n where he is employed: PROBED, That in certifying y oath to be used in any of the courts of this state, it sh not be necessary to append an impression of the official eal of the institution. [1972 ex.s. c 58 § 1.] 64.08(100 Acknowledgments by persons unable to sign na . Any person who is otherwise competent but is physical unable to sign his or her name or make a mark may m e an acknowledgment authorized under this chapter by oral y directing the notary public or other authorized officer "ng the acknowledgment to sign the person's name on hi or her behalf. In taking an acknowledgment under this s ction, the notary public or other authorized officer shall( in addition to stating his or her name and place of residnce, state that the signature in the acknowledgment was obtai�ed under the authority of this section. [1987 c 76 § 2.] 996. Ed Chapter 64.12 WASTE ANI) TRESPASS Sections 64.12.010 Waste actionable. 64.12.020 Waste by guardian or tenant, action for. 64.12.030 Injury to or removing trees. etc:—Dania 64.12.040 Mitigating circumstances—Damages. 64.12.045 Cutting, breaking, removing Christrees from state lands—Compensation. 64.12.050 Injunction to prevent waste on pub c land. 64.12.060 Action by occupant of unsurvey land. 64.08.070 Actions to be commenced where subject is sf • ted: RCW 4.12.010. Damages for waste after injunction issued: RCW 7.40.200. Injunctions, generally: Chapter 7.40 R Trespass animals: Tule 16 RC1. criminal: Chapter 9A.52 RCW. public lands: Chapter 79.40 RCW theft: Chapter 9A.56 RCW. waste, executor or administrator faay sue: RCW 11.48.010. Waste option commas and coal leas on state lands: RCW 79.01.696. restraining during redentptio period: RCW 6.23.100. trespass on state lands: C ter 79.40 RCW. 64.12.010 We actionable. Wrongs heretofore remediable by action Sf waste shall be subjects of actions as other wrongs. [ 1881 § 600; 1877 p 125 § 605; 1869 p 143 § 554; 1854 206 § 403; RRS § 937.] 64.12.020 aste by guardian or tenant, action If a guardian, ant :in severalty or in common, for di. for years, or by sufferance, or at will, or a subtenant, of ri„.i property co t waste thereon, any person injured thereby may main - ' an action at law for damages therefor against such guardi or tenant or subtenant; in which action, if the plaintiff pre ails, there shall be judgment for treble damages, or for fi dollars, whichever is greater, and the court, in addition ay decree forfeiture of the estate of the party aimuni ° g or permitting the waste, and of eviction from the prope The judgment, in any event, shall include as part of the osts of the prevailing party, a reasonable attorney's fee to fixed by the court. But judgment of forfeiture and evi • n shall only be given in favor of the person entitled to the version against the tenant in possession, when the injto the estate in reversion is determined in the action to - equal to the value of the tenant's estate or unexpired to or to have been done or suffered in malice. [1943 c § 1; Code 1881 § 601; 1877 p 125 § 606; 1869 p 143 § 555; 1854 p 206 § 403; Reni. Supp. 1943 § 938.] 64.12.030 Injury to or removing trees, etc. -- Damages. Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber or shrub on the land of another person, or on the street or highway in front of any person's house, village, town or city lot, ,or cultivated grounds, or on the commons or public grounds of any village, town or city, or on the street or highway in thereof, without lawful authority, in an action by person, village, town or city against the person committing such trespasses or any of them, if judgment be given for the plaintiff, it shall be given for treble the amount of damages claimed or assessed therefor, as the case may be. [Code [Title 64 RCW—page 11] 6.04.180 • 18. Sounds permitted under noise and parade permits issued under the provision herein provided. G. Noise Permit and Parade Permit as Exceptio 1. Noise Permit. The office of code adminis • . on may grant a permit to make noise or perform acts • i &- wise controlled or prohibited by this section • . appli- cation by a person specifying the nature and tent of noise to be made or continued, or the act be per- formed, upon a determination by the office , code ad- ministration that to deny the permit under ' e circtun- stances surrounding the making of the app • • • on would create an undue hardship upon the appli = t and upon a further determination by the office of • •• administration that to grant the permit would not an undue or prolonged hardship on others for hose benefit and protection the noise or act is prohited by this section. Any permit so granted may contain . nditions c r require- ments upon which it is granted . the office of code administration deems necessary minimize the adverse effect upon the people of the Y• mmunity or surrounding neighborhood which may be affected by granting the permit, and the permit shall - ' a reasonable time for which it is to be effective In addition to the basis of undue hardship as a scan • .. d for granting such a permit, the office of code • ' ' • • •ion may grant such a permit ?on his determination (a) The granting o applicant to modify comply with this sec tion determines was not originally stances and in a the rights of o (b) The a temporary d or controlled provisions (c) Th gram of munici 2. ingly the permit is necessary to allow customary activities so as to on, if the office of code administra- such customary activity of applicant dertaken or performed under cireum- er evidencing a total disregard for ;or ty, operation or noise source will be of • • .'on and cannot reasonably be performed such a manner so as to comply with the this section; or activity creating the noise constitutes a pro- porary nature for the benefit of the entire ty or for the benefit of a charitable purpose. eases. It is unlawful for any person to know - in or participate in any activity conducted in vi.. • .n of any term of any permit granted by this chap - Parade and Motorcade Permits. The provisions, co trols and prohibitions of this section shall not apply to noise made and acts performed by bona fide partici- ts in a parade or motorcade authorized by a permit ued pursuant to the provisions of Section 9.70.010 et (Yskim. 2-95) 246 H. Public disturbance noise is a misdemeanor. (Ord. 94-22 § 13, 1994; Ord. 3385 § 1, 1991: Ord. 2159 § 1, 1978; Ord. 1329 § 1, 1971: Ord. A-236 § 1(33), 1917) 6.04.185 Criminal impersonation. A. A person is guilty of criminal impersonation the first degree if the person: (1) assumes a false iden and does an act in his or her assumed character ' . intent to defraud another or for any other unlawful p . • • ; or (2) pretends to be a representative of som: person or organization or a public servant and does • • act in his or her pretended capacity with intent to • another or for any other unlawful purpose. B. Criminal impersonation in • first degree is a gross misdemeanor. C. Aperson is guilty of « ' unpersonation in the second degree if the person: (1) •A to be a law en- forcement officer or creates an pression that he or she is a law enforcement officer, . • (2) under circumstances not amounting to criminal ' personation in the first degree, does an act with in • t to convey the impression that he or she is acting ' an official capacity and a reasonable person wo believe the person is a law enforcement officer. D. Criminal im • .nation in the second degree is a misdemeanor. (e • 94-22 § 14, 1994: Ord. A-236 § 1(34), 1917). 6.04215 Any to and fro Yakima, is 1917). Playing bail in streets. ho plays ball or throws or licks any ball n any street or avenue of the city of a disorderly person. (Ord. A-236 § 1(40), 6.04 ' Poultry at large. person who, as owner of ducks, geese, turkeys, chic ns or other poultry, permits the same to run at in the city of Yakima, is declared to be a disorderly . A violation of this section is a misdemeanor. 94-22 § 15, 1994: Ord. A-236 § 1(43), 1917). 6.04.235 Property—Damage or destruction. A. A person is guilty of malicious injury to property if he knowingly and maliciously causes physical damage to the property of another, public or private, under cir- cumstances not amounting to malicious mischief in the first or second degree as defined by RCW 9A.48.070 and RCW 9A.48.080. B. Malicious mischief is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars; otherwise, it is a misdemeanor. (Ord. 94-22 § 16, MEMORANDUM April 3, 1997 TO: Denise Nichols, Parks and Recreation Manager FROM: John Marsh, Park Operations Supervisor RE: Sycamore Trees - 50th Ave., Chestnut Addition Chestnut Grove Condominium Area The following analysis of the Sycamore trees noted above is offered for your information. There are a total of 36 trees at the above location. They are in a fairly healthy condiition; however, there are eight sections of sidewalk that are being pushed up by the roots. The majority of the concrete sections could be considered safety hazards. Sycamore trees were the wrong trees to be planted in such narrow planting strips and along a curb and sidewalk. Staff has estimated the removal of the trees by a contractor would cost approximately $9,000. The alternative would be to plant either ornamental Flowering Pears or Gum Trees as noted in the attachment. They are aesthetically attractive, low maintenance, upright in growth, and can survive better in a limited growth space. They are also tolerant of our local climate conditions. cc: Don Landis File L3 Washington State University BEEM YAKIMA COUNTY March 31, 1997 City of Yakima Parks and Recreation Department 2301 Fruitvale Blvd. Yakima, WA 98902 Dear Parks and Recreation: 128 N. 2nd Street, Rm. 233 Yakima, WA 98901-2631 509-574-1600 FAX 509-574-1601 TDD: 1-800-833-6388 . Regarding the replacement of sycamore trees (London plane trees) adjacent to 50th Avenue, there are a very limited number of tree species that I would suggest. With the very limited root zone in the narrow strip, and the closeness of the trees to traffic, you need to consider trees that are quite upright in growth, tolerant of reflected sunlight on their trunks during winter, and trees that will remain reasonably small during their useful lifetime. Considering the above selection criteria I feel comfortable with the following: ❑ Pyrus calleryana, cultivars Aristocrat, Autumn Blaze or Capital (very successful in downtown Sunnyside as an urban street tree). ❑ Liquidambar styraciflua, American sweet gum (used a lot in downtown core). ❑ Quercus robur, Fastigiata, upright English white oak (used along N. 1st Street). O Ginkgo biloba, Gingko, very slow growing, small leaves, no pests. Sincerel RW. VanDenburgh, Ph.D. Yakima County Agent, Horticulture Cooperating agencies Washington State University, U.S. Department of Agriculture, and Yakima County Cooperative Extension programs and employment are avahable to all without discrimination. Evidence of noncompliance may be reported through your local Cooperative Extension office. 04/09/97 16:06 $509 575 6105 CITY OF YAKIMA tQ 004 ORDINANCE NO. ®$ 6 AN ORDINANCE: approving revision of the previously approved Chestnut Grove subdivision on SOth Avenue between Chestnut and Summitview, approving Class 3 uses in a R-2 Zone, reaffirming previously granted adjustments of front and side yard setback adjustments, reaffirming prior approval of a retirement home, and revising North 50th Avenue by narrowing the street to limit use of the street by other than passenger vehicles. WHEREAS, a mast -x application for revision of the previously approved Chestnut Grove subdivision on SOth Avenue between Chestnut and Summitview has been fled, the application seeking approval for (1) changing the existing long -plat to eliminate one lot and to convert undeveloped public rights-of-way to private streets, (2) permitting Class 3 uses, (3) permitting adjustment of front and side yard setback adjustments, and (4) revising North 50th Avenue between Chestnut and Summitview to result in slower traffic speeds; and WHEREAS, the necessary number of persons hawing an ownership interest in the portions of the subdivision to be altered have signed the application for plat alteration and right-of-way vacation, in accordance with RCW 35.79 and RCW 58.17; and .• WHEREAS, after due notice and bearing by the City of Yakima Hearing Examiner, and after due notice and bearing before this Council, the City Council has considered the application, all materials pertinent to it, and physical characteristics of the proposed subdivision site, and finding that• approval of the application serves the public use and interest of the City, now, therefore,, BE IT ORDAINED BY THE CITY OF YAKIMA, s -tis n 1. Alteration of the plat of Chestnut Grove, recorded in Volume "CC" of Plats, page 27, records of Yakima County, Washington, and vacation of public rights-of-way and utility :easements thereon are hereby approved and granted in the following respects: A. Preliminary Replat. Preliminary approval of the replat is hereby granted pursuant to YMC 14.25.160, valid for three (3) years. Approval of the final pial is conditioned on: (1) The final amended plat being in substantial conformity with the preliminary replat dated February 110, 1992, and the revised site plan dated June 8, 1992 (hereafter "site 1 (15) ord /chs tnu tgrove.sc 04/09/97 16:05 $509 575 6105 CITY OF YAKIMA plan"), with respect to lot sizes, layout, road alignment and design, utility placement and easement, street lights, fire hydrants, and sidewalks, (2) Preparation in conformance with YMC 14.25. The westerly boundary of the amended plat shall reflect that area, if any, transferred to this property through the vacation of the ad)oining railroad right-of-way, (3) Servicing of each lot with public sewer and domestic water, (4) Placement underground of all public and private utilities, (5) Installation of fire hydrants at locations and to the specifications of the City of Yakima Code Administrator, and (6) Completion of all required plat improvements, including but not limited to roads, utilities, streets, sidewalks, community water system and drainage fadlitiek or a surety or bond pledged to ensure installation within one (1) year of subdivision approval. No recording of the final al amended plat nor issuance of building permits shall occur before this condition is fulfilled. B. Vacation of Public Right -Of -Way and Utility Easements. Vacation of existing utility easements is granted on the following conditions: (1) full and accurate description of all such easements, submitted and acceptable to the City Engineer, and (2) inclusion of new public utility easements in the final amended plat. Vacation shall become effective when the amended plat is duly recorded with the Yakima County Auditor. All undeveloped public right-of-way and utility easements are vacated without compensation. Public right-of-way and utility easements subject to vacation are located within the undeveloped portions of Lot 1 and former Lots 2 and 3 (now combined into reconfigured Lot 2), east of the north/south right-of-way of North 50th Avenue. Any such vacation is subject to approval of the final amended plat and the submittal of a complete and accurate legal description, acceptable to the City .Engineer, of the right-of-way. C Road Improvements. Approval of the final amended plat is subject to (1) conformance of road improvements to those in the preliminary replat and (2) completion of the following road improvements (1) Cary Engineer approval of drainage facilities for the public streets. (2) City Engineer approval of the following alterations to Chestnut Avenue: street surfacing, barrier curb, gutter, and five foot wide sidewalks along the frontage of Chesnut Grove. (3) Initial installation by applicant of -appropriate no parking" signs and "truck traffic restricted" signs on North Stn*.h Avenue and street modifications narrowing North 50th Avenue as shown on the site plan, in 2 (ls )ord/chstnutgrove.sc al002 1 04/09/97 16:05 $509 575 6105 CITY OF YAKIMA compliance, with City standards ,and City approval of construction plana. (4) Construction of a commercial driveway approach for entry to Lot 2 from Chestnut Avenue, such approach to be no 101.111.41 Trees in City Right -of -Way — Chestnut Grove Condominiums. North 50th Avenue — Looking north — Sycamore trees. North 50th Avenue. Sycamore tree canopy over sidewalk. One of eight locations where the sidewalk is raising due to tree root growth. North 50th Avenue. ample of sidewalk raising due to root growth. North 50th Avenue. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 ©Z A For Meeting of April 15. 1997 ITEM TITLE: Tree Removal Request by Chestnut Grove Condominium Association SUBMITTED BY: Jerry Copeland, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, Parks and Recreation Manager 575-6020 SUMMARY EXPLANATION: David Robins, on behalf of the Chestnut Grove Condominium Association, has contacted the City to request permission to remove 34 Sycamore trees along North 50th Avenue. These trees were planted in the City right-of-way during the development of the Chestnut Grove Condominiums. Removal of the trees would be at the owner's expense. The Parks and Recreation Division has reviewed this request and has developed the attached documentation. Photographs are included along with prior correspondence with David Robins. A resolution is attached authorizing the removal of the trees if the Council approves this request. Resolution x Ordinance — Contract _ Other (Specify) Funding Source N/A / APPROVED FOR SUBMITTAL: / L. STAFF RECOMMENDATION: To allow removal of trees. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: