HomeMy WebLinkAboutR-1997-144 Village View Business ParkRESOLUTION NO. R-97-144
A RESOLUTION approving the final plat of Village View Business Park
creating a new 11 -lot plat in the northeast corner of the
intersection of Kern Road and North 40th Avenue, and
authorizing the Mayor to sign the final plat of Village View
Business Park.
WHEREAS, the City Council has previously reviewed and, subject to
certain conditions, by Ordinance 96-63, passed September 3, 1996, approved
the Master Application (UAZO PP#2-95/RZ #4-95) submitted by D.E.P.
Properties for rezone and subdivision of property located in the northeast
corner of the intersection of Kern Road and North 40th Avenue, and
WHEREAS, the Applicant has completed construction of all public
improvements which were required to be constructed as conditions on
preliminary plat approval, and no conditions on the preliminary plat approval
remain unsatisfied, 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 preliminary or final plat, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat of Village View Business Park, consisting of two
sheets, dated September 4, 1997, is approved and the Mayor is authorized to
sign the final plat. The final plat of Village View Business Park shall be filed for
record as soon as possible in the Yakima County Auditor's Office by the
Applicant at its expense.
ADOPTED BY THE CITY COUNCIL this 18th day of November, 1997.
5 --------
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0 / John Puccinell i , Mayor Pro Tem
ATTEST:
lap\subdiv/platting\DEP Pearson Village View\final plat approval res 11/13/97 3:32 AM
City of Yakima
Department of Community and Economic Development
Staff Report
City Council Public Meeting
November 18, 1997
Subject: Village View Business Park Final Plat
File: UAZO Subdivision Final Plat #2-97
Proponent: Delmar & Elenor Pearson for DEP Properties
Staff Contact: Joan Davenport, Supervising Associate Planner (575-6164)
Background and Summary of Request
On August 6, 1996 the City Council conducted a public meeting related to the
Preliminary Long Plat for this development, as well as the related rezone to B-1,
Professional Office Zoning District. The Council approved the preliminary long
subdivision and rezone by Ordinance No. 96-63, subject to a number of conditions.
The proposal is to create ten lots, nine zoned B-1, Professional Office and one lot
zoned R-3, Multi -Family Residential. The subject area is located in the northeast
corner of Kern Road and North 40th Avenue. The Plat includes several public
street improvements.
Conditions of Approval
A number of conditions were specified in Resolution R-96-63 which must be
completed prior to the recording of the final plat. The items are as follows:
(A). All lots shall be served by public water and sewer.
Status: Public water and sewer lines are located adjacent to each lot, or an
easement is available for access to each lot.
(B) Fire hydrants shall be provided and installed at locations pursuant to
specifications of the City of Yakima.
Status: Hydrants are shown on the water/utility plans and street lights are
shown on the street plans, which have both been reviewed and accepted by
the City Engineer.
(C) All new utilities installed as part of this preliminary plat shall be underground.
Minimum 8 foot wide utility easements must be provided adjacent to all public
rights of way and as specified by the utility providers.
Status: The location of easements are shown on the final plat.
(D) North 39th Avenue, between Kern Road and Castlevale shall be constructed as a
local access street within 50 feet of dedicated right of way, with 5 foot wide sidewalks
1
nn lrn+h sides together with harrier curb glitter, navement and streetlicrhts nursllant
— sides, together
, �j _ v G, z�
+n stanrlarrl city specifications for lural AC'!`PCC streetc
Status: The streets are constructed to specifications and approved by the City
Engineer- Street dedication is accomnlished with this Mat.
(E.) Castlevale shall be constructed between North 40th Avenue and a 40 foot
radius cul de sac on the east side in the position reflected on the preliminary plat.
It shall be constructed within 50 feet of dedicated right of way except for the
temporary cul de sac. The right of way shall extend the full distance between 40th
Avenue and Powerhouse Road. A temporary access easement shall be created for
that portion of the cul de sac which cannot be accommodated within the dedicated
right of way. A note on the face of the plat shall indicate that the easement shall be
automatically vacated when Castlevale is physically extended to Powerhouse.
Castlevale shall be constructed to local access street standards, together with 5 foot
wide sidewalks on both sides (to the bulb of the cul de sac).
Status: The Final Plat indicates street dedication to the limits of the property,
adjacent to the canal, owned by the City of Yakima. A temporary easement is
shown at the cul de sac.
(F) Kern Road shall be constructed within 50 feet of right of way to a local access
street standard, with 5 foot wide sidewalks on both sides, pursuant to the preexisting
private three party agreement. The intersection of Kern Road with 40th shall be
constructed in a conventional manner, deleting the previously required right -turn -
in right -turn -out barrier island.
Parking shall be prohibited on Kern, 39th and Castlevale- Appropriate action
shall be taken by the City Council at the time these streets are approved and accepted
by the City as part of the public street system. This will presumably occur upon final
plat approval, but may occur earlier for Kern Road.
Status: Kern Road is complete, accepted and hereby dedicated. Prohibition of
on -street parking will be considered by City Council at a subsequent meeting,
r
in an ordinance which addresses a number of streets. This item is scheduled
for December, 1997.
(G). North 40th Avenue shall be widened in the vicinity of its intersection
with Castlevale, in order to accommodate a left turn lane in 40th for south bound
traffic turning east onto Castlevale. The 5 lanes to be created in 40th at this location
shall each be 12 feet wide. The storage lane length and associated taper shall be
determined by the applicant's civil engineer and approved by the city engineer.
Status: Improvements are complete and accepted by the City Engineer on
November 12, 1997.
2
(H). A seven foot sidewalk shall be installed by the applicant on this property's
frontage with 40th Avenue, from Kern Road to Powerhouse Road.
Status: The sidewalk is installed.
(I). No right of way shall be dedicated by Pearsons along North 40th
Avenue, because the existing right of way matches the existing required right of way
width for the street's arterial classification.
Status: No right of way is dedicated by this plat for North 40th Avenue.
(J). No direct vehicular access is allowed from 40th Avenue to lots 1, 3, 4, 5,
and 11. No direct vehicular access is allowed from Powerhouse Road to lot 11.
Access to lot 6 from Kern Road shall be at least 180 feet from the intersection of Kern
with North 40th Avenue. Lots 3, 4, and 5 shall have vehicular access only from
North 39th Avenue. These vehicular access restrictions shall be reflected in an
appropriate note on the face of the plat.
Status: This note is on the plat.
(K). All driveways shall be of a commercial type. The radius of all street
intersections and private driveways shall be designed with special attention to the
accommodation of semi -trailer delivery trucks.
Status: Curb breaks have been installed with the newly constructed street.
(L). Final lot dimensions and lot areas shall substantially comply with
the preliminary plat drawing received by the Planning Division, dated March 21,
1996.
Status: This Final Plat is substantially in compliance with the preliminary
plat. One exception is the combining of previous Lots 1 and 2 into a single lot.
Also, the preliminary plat lot numbers are different than shown on the final
plat , as a result of this change. Therefore, the conditions of approval for these
lots specified in the preliminary plat regarding access for certain lots are also
different. The final plat as submitted meets the conditions of approval.
(M). The City Engineer shall approve all public improvements,
including street and utility plans, which must be prepared by a licensed professional
engineer. The developer must arrange a preconstruction conference prior to any
road or utility construction within the proposed or existing road rights of way; an
inspector from the City must inspect the actual road construction.
Status: Engineering plans have been reviewed and accepted by the City
3
Engineer on November 12, 1997.
(N). A method of dust control during the construction phases shall be
submitted to, and approved by, the Yakima County Clean Air Authority. A written
copy of their approval must be submitted to the Planning Division prior to
construction of any work phase. The developer must designate a responsible party
for contacts during working hours regarding alleged air quality violations.
Status: All construction of public improvements are complete.
(0). The applicant is responsible for contacting the State Department of
Ecology to determine if a storm water permit is necessary.
Status: A discharge permit was not required for street construction.
(P). Class 2 or Class 3 uses proposed for any lots in this preliminary plat will
be reviewed pursuant to the zoning ordinance and regulatory provisions in effect at
the time, and will include review of traffic related impacts on adjacent arterials.
Status: This condition is advisory and requires no action for the Final plat.
(Q). The following notes must be placed on the face of the plat:
1. No direct vehicular access is allowed from 40th Avenue to lots 1, 3, 4, 5, and 11.
No direct vehicular access is allowed from Powerhouse Road to lot 11. Access to lot
6 from Kern Road shall be at least 180 feet from the intersection of Kern Road with
North 40th Avenue. Lots 3, 4, and 5 shall have vehicular access only from North
39th Avenue.
Status: This note is added to the Final Plat, however the lot numbers are
slightly different than shown on the preliminary plat because Lots 1 and 2
have been combined to a single lot.
2. The owners shown hereon, their grantees, and assignees in interest hereby
covenant and agree to retain all surface water generated within the plat on site. Any
natural drainage ways must not be altered or impeded.
Status: Note is shown on Final Plat.
3. The temporary access easement created to accommodate the cul de sac at the
eastern terminus of Castlevale shall be automatically vacated at such time that
Castlevale is physically connected to Powerhouse Road, and accepted by the City of
Yakima as a public street.
Status: Note is shown on Final Plat
(R). Prior to recording the final plat or issuance of building permits, all required plat
4
improvements must be installed, or alternatively an escrow account established or a
bond provided in an amount and with conditions acceptable to the City to assure
installation of all required improvements. Building permits may be issued on a lot
by lot basis by the City when determined that building construction will not
interfere with utility and roadway construction.
Status: All improvements have been accepted by the City Engineer's Office as
complete (November 12, 1997). No bond or surety was necessary.
S). 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 Engineer shall have the authority to suspend issuance of building permits
or occupancy permits until the required improvements are accepted as satisfactorily
completed.
Status: Improvements complete.
(T). All conditions contained herein must be satisfied and the final plat submitted
within the maximum five year time period set forth in RCW 58.17.140.
Status: All improvements complete
Conformance with Preliminary Plat
Approval of the Final Plat is governed by the City of Yakima Subdivision Ordinance
YMC 14.25.190 - 220. As noted above, this final plat conforms to the conditions
established with the review of preliminary plat. YMC 14.25.190 notes that "minor
deviations may be permitted by the City Council because of unforeseen technical or
engineering problems."
The preliminary plat identified eleven lots. This final plat contains ten lots, each
meeting the technical requirements for a legal lot in the CBDS zoning district. Lot
lines have been changed for lots 2, 3, 4, 5 ,6 and 7. The number of lots on this plat
has also been reduced from 11 to 10 lots.
Staff opinion is that this final plat is consistent with the spirit and intent of the
preliminary plat. The total area of platting and all platting concepts of joint access,
parking and utility easements are the same as the preliminary plat. The alteration of
the lot lines within this proposed business area are not substantial.
The final plat does meet the other technical requirements of the Subdivision
Ordinance specified in YMC 14.25.200.
Plat Certificate
The applicant has filed a plat certificate which identifies all parties who hold a
current interest in the land subject to this final plat. The report indicates that at the
present time, all land is held in the D.E.P properties who have already signed the
5
original final plat.
Performance Bond
A _ _ � above
_ 71 7 1 1 • been noted above ala required, public improvements have been completed and
accepted by the City Engineering Office. No performance bond was required.
Findings:
1. The final plat is consistent with the goals, objectives and intent of the Yakima
Urban Area Comprehensive Plan and standards of the Urban Area Zoning
Ordinance.
2. The final plat meets the standards of the City of Yakima Subdivision Ordinance.
3. The final plat is in general conformance with the preliminary plat and conditions
of approval as specified in Council Ordinance 96-63.
4. All public improvements are constructed and accepted by the City Engineer's
Office. Street dedication of these new public streets and public water and sewer lines
is accomplished by this final plat.
Recommendation
The City of Yakima Department of Community and Economic Development
recommends approval of the final plat. Staff recommends
1. The Council approve the resolution which authorizes the Mayor to sign
the final plat.
6
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I
509-453-0798 SCHREINER TITLE CO.
Schreiner Title Co.
30 NORTH SECOND STREMT
YVONNE EC H REIN ER
PccflpcNY.hUNAo•R
328 P01/02 OCT 23 '97 10:51
YAKIMA, WASHINGTON 989Q1 • PHON(09) 248-$$01
FAX (SO9) 4E3-0788
RE E ED
OCT 2 4 1997
CITY OF YA I A
PLANNING DIV.
Order No. 148106
Date: October 16, 1997
Yakima County Auditor
Yakima, Washington
Dear Doug Cochran,
We hereby certify that we have examined the title to the
property covered by the attached plat of D.E. P. Properties,
Inc., a Washington corporation and hereby certify that the
parties executing said plat are the only persons having any
record interest in the property covered by said plat.
0S /vb
SCHREINER TITLE CCM/YAM
4T
C@9= 53-ra79S cruRE TA NCD T T TI E CO,
Jl'1-1 '-fJJ CJ 1 JV
•
SCHEDULE "A-1" cont. Page 2
328 P02/82 OCT 23 '97 10:51
PARCEL C:
That portion of the Northwest 1/4 of the Southeast 1/4 of Section 15,
Township 13 North, Range 18, E.W.M„ described as follows:
Beginning at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of
said Section 15;
thence South 89°59'14" East along the South line of said subdivision (as shown
an Short Plat, Book 92, Page 90, records of Yakima County, Washington), a
distance of 696.80 feet;
thence North 00°35'23" West a distance of 667.08 feet to a point on the North --
line of the South 3 feet of the North 1/2 of the Northwest 1/4 of the
Southeast 1/4 of said Section 15;
thence West along said North line to the West line of the Northwest 1/4 of the
Southeast 1/4 of said Section 15;
thence South along said line to the point of beginning:
EXCEPT the South 20 feet thereof;
AND EXCEPT that portion thereof lying Westerly of the Easterly right of way
line of 40th Avenue, as recorded under Auditor's File No. 2319294;
AND That portion of the North 1/2 of the Northwest 1/4 of the Southeast 1/4
of Section 15, Township 13 North, Range 18, E.W.M., lying Easterly of
40th Avenue as recorded under Auditor's File No. 2319294, and lying Southerly
of 40th Avenue and Powerhouse Road,, as recorded under Auditor's File
No, 2318168, all records of Yakima County, Washington, and lying Westerly of
the PP&L Canal right of way (now City of Yakima);
EXCEPT the South 3 feet thereof;
AND EXCEPT right of way for the Naches-Cowiche Canal.
Situated in Yakima County, State of Washington.
ASSESSOR'S PARCEL NOS.: 181315-42007, 42009,
31001 (affects above and other property)
AREA CODE 333
END OF SCHEDULE "A-1"
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SHALL 110E 1FNI0A/R ACCESS ONLY FROM NOERI 3914 AVENUE
ACCESS 111015 f801 KERN ROAD 91911 BE AT LEAST 180 FEET
FROM 1100/31000804 OF KENT ROAD AND L100D1 4001 AVENUE
10. 180E 04140! 91091 IEREON, THEN ORANT135, AND 19CIEE5
IN INIERESIEREBY COVENANT AND AGREE 10 RETAIN ALL SURFACE
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WATS I07N0T BE ALTERED 0R NPTOEO.
11. RE 101P89190 ACCESS EASEMDIT CRFA0E0 TO ACCOMMCOM20
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AkittA HnIbregtse, Lonman Associates, Inc.
CIVIL ENGINEERING - LAND SURVEYING • PLANNING
3000 SurnMtvi,W. 01,44* 10012.*Mmn WA 9R9O2
JOB I
FILE
1351E,
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST QUARTER. OF THE SOUTHEAST QUARTER,
OF SEC11014 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER. OF THE NORTHWEST QUARTER. OF
THE SOUTHEAST QUARTER, OF SA10 SECTION 15, THENCE SOUTH 89'59'14'
EAST, ALONG 111E SOUTH UNE OF SAID SUBDIVISION (AS SHOWN ON SHORT
PLAT, BOOK 92, PAGE 90, RECORDS OF YAKIMA COUNTY. WASHINGTON), A
DISTANCE OF 696.00 FEET, THENCE NORTH 0'35'23" VEST, A DISTANCE OF
667.08 FEET, TO A POINT ON THE NORTH UNE, OF THE SOUTH 3 FEET, OF THE
NORTH HALF. OF THE NORTHWEST 0UARIER, OF THE SOUTHEAST QUARTER,
OF SAID SECTION 15, •1HENCE WEST ALONG SAID NORTH LINE. TO THE WEST
UNE OF THE NORTHWEST QUARTER. OF THE SOUTHEAST QUARTER. OF SAID
SECTION 15, THENCE SOUTH ALONG SAID UNE TO THE POINT OF BEGINNING.
EXCEPT THE SOUTFI 20 FEET THEREOF.
AND EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY
RIGHT OF WAY UNE OF 4011 AVENUE, AS RECORDED UNDER AUDITOR'S FEE
N0. 2319294.
AND
1HAT PORTION OF THE NORTH HALF, OF THE NORTHWEST QUARTER, OF THE:
SOUTHEAST 0001090, OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST,
W.1., LYING EASTERLY OF 4011 AVENUE, AS RECORDED UNDER AUDITOR'S
FILE NO. 2319294, AND LYING SOUTHERLY OF 40TH AVENUE AND POWERHOUSE
ROAD, AS RECORDED UNDER AUDITOR'S FILE N0. 2318168, ALL RECORDS OF
YAKIMA COUNTY, WASHINGTON. AND LYING WESTERLY 1T THE PP&L CANAL
RIGHT OF WAY (NOW CITY OF YAKIMA).
EXCEPT THE SOUTH 3 FEET THEREOF.
AND EXCEPT RIGHT OF WAY FOR THE NACHES—COWICIIE CANAL
PLAT 0.
VILLAGE VIEW BUSINESS PARK
(PART OF'NWT,/40PSE 1/4 OF SEC. 15, 7'. 13N.,2 18E,W,M.)
DEDICATION AND WAIVER OF CLAIMS
KNOW ALL MEN 8Y THESE PRESENTS 111AT DEP. PROPERTIES, INC.,
THE PARTY HAVING AMY OWNERSHIP INTEREST IN THE LAND HEREON
DESCRIBED; HAS WITH 14100 FREE CONSENT AND IN ACCORDANCE 51111
THOR DESIRES CAUSED THE SAME TO BE SURVEYED AND PLATTED AS
SHOWN HEREON; 00 HEREBY DEDICATE THOSE ROADS AND/OR RIGHTS OF
WAY SHOWN AS PUBLIC DEDICATIONS HEREON TO THE USE OF THE PUBLIC;
00 HEREBY WAIVE ON 906981E OF THEMSELVES AND
THEIR SUCCESSORS 114 INTEREST ALL CLAIMS FOR DAMAGES AGAINST 111E
CITY OF YAKIMA AND ANY OTHER GOVERNMENTAL 00010991Y WHICH MAY BE
OCCASIONED TO 1HE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION,
DRAINAGE. ANI) MAINTENANCE OF SAID DEDICATED ROADS AND/OR RIGHTS OF
WAY; AND DO HEREBY GRANT AND DEDICATE 11E EASEMENTS AS 0110111
E041 FOR 111E USES INDICA D.
LORI FRANKLIN, PRESIDENT
0.EP PROPERTIES, INC.
YAKIMA COUNTY TREASURER'S CER11FKCATF
I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS
COLLECTIBLE BY 11190 OFFICE THAT ARE DUE AND OWING ON THE PROPERTY
DESCRIBED 0080988 00 DATE OF LTHHIIS�CERTIFICA{TION HAVE BEEN PAID.
0ATED THIS 47:_t_'" DAY OF �LLA•"44/P/A!!J . 19 77
BIC
YA'IMA COUNTY TREASURERS
SURVEYOR'S CER11F1CATE
9, DONALD H. WILTON, A PROFESSIONAL LAND SURVEYOR, D0 HEREBY CERTIFY
THAT THE PLAT OF VILLAGE VIEW BUSINESS PARIK IS BASED UPON AN ACTUAL
SURVEY AND SUBDIVISION OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST.
W.M; THAT THE DISTANCES. COURSES, AND ANGLES ARE SHOWN HEREON
CORRECTLY AND THAT MONUMENTS AND LOT CORNERS HAVE BEEN SET
ON 111E GROUND A5 5HOWN ON THE PLAT.
ACKNOWLEDGMENT
STATE OF WASHINGTON
SS
COUNTY OF YAKIMA
1 CER11FY THAT 1 KNOW OR HAVE SATISFACTORY EVIDEDICE THAT LORI
FRANKLIN IS 111E PERSON 5910 APPEARED BEFORE ME, AND SAID PERSON
ACKNOWLEDGED THAT SHE SIGNED 1H15 INSTRUMENT, 00 OATH STATED THAT
SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AHD ACKNOWLEDGED
IT AS THE PRESIDENT OF O.E.P. PROPERTIES, INC., TO 11E THE FREE AND
VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENHDNED
IN THE INSTRUMENT.
DATED: /O/46/Q7
NOTARY PUBLIC
MY APPOINTMENT EXPIRES 6/,a/.
APPROVALS
I HEREBY CERTIFY THAT THE SUBDIVIDER HAS COMPLETED
ALL IMPROVEMENTS IN ACCORDA1400 1111111 THE PROVISI040 OF
YAKIMA MUNICIPAL CODE 14-25-140.
APPROVED 8Y THE CITY OF 'YAKIMA ENGINEER
I HEREBY CERTIFY THAT 1110 PLAT OF VILLAGE
VIEW BUSINESS PARK, CONFORMS WITH THE CONDITIONS OF
APPROVAL FOR 111E PREUM119ARY PLAT OF THE SUBDIVISION.
APPROVED BY THE CITY OF YAKIMA ADMINISTRATOR
DATE 11-'2-T7
APPROVED BY THE YAKIMA MY COUNCIL THIS _ DAY OF 199
APPROVED 8Y THE MAYOR CF 111E CITY OF YAKIMA
FILING C17211FlCATE:
FILED FOR RECORD AT THE REQUEST OF THIS
DAY OF 19 Al M
UNDER AUDITORS FILE NUMBER RECORDS LIF YAKIMA
COUNTY, WASHINGTON.
FEE
YAKIMA COUNTY 0009 OR
BY DEPUTY
Ilnibregtse, Leman Associates, Inc.
CML ENGINEERING - LAND SURVEYIN3 • PLANNING
3600 SammBview, Saila 100+Yakima. WA 98902
.100 N0.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting Of November 18. 1997
ITEM TITLE: Public Meeting to Consider Final Long Plat for "Village View
Business Park", consisting of property located at Kern Road and North 40th Avenue
owned by DEP Properties, Mr and Mrs Delmar Pearson.
SUBMITTED BY: Glenn Valenzuela, Director
Community and Economic Development
CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Planne
(575-6164)
SUMMARY EXPLANATION:
The Yakima City Council approved the Preliminary Plat for this property on August 6,
1996, subject to conditions included in Ordinance 96-63. This Final Plat conforms to
the required conditions and dedicates various public streets, water and sewer lines. All
public improvements are installed, completed and accepted by theCity Engineer's
Office.
Resolution X Ordinance_ Contract _ Other (Specify) Staff Report. Plat
Certificate. Final Plat
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution and authorize Mayor to sign Final
Plat.
BOARD RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-144