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HomeMy WebLinkAboutR-2002-080 Ham Properties, LLC Preliminary Long Plat ( Creekview )RESOLUTION NO. R-2002- 80 A RESOLUTION concerning the application submitted by Ham Properties, LLC for a thirty -eight -lot subdivision located in the 1400 block of S 80th Avenue, City No. UAZO Preliminary Plat #1-02: approving the preliminary long plat, subject to certain conditions. WHEREAS, on April 25, 2002, the Hearing Examiner held an open record public hearing to consider an application for a thirty -eight -lot subdivision in the 1400 block of S 80th Avenue submitted by Ham Properties LLC, City No. UAZO Preliminary Plat # 1- 02; and WHEREAS, on May 15, 2002 the Hearing Examiner issued his Examiner's Recommendation (Examiner's No. IU02-4-10), recommending approval of the proposed subdivision subject to several conditions; and WHEREAS, the proposed subdivision conforms with the City of Yakima Zoning Title, YMC 14.25.110, and other applicable land use controls; and WHEREAS, at its public meeting on June 18, 2002, the City Council determined by motion that the Recommendation of the Hearing Examiner should be affirmed and adopted; and WHEREAS, the City Council added a conditional requirement for a five-foot wide easement and asphalt path, with bollards on the west end and a gate on the east, to be located between Lots 13 and 14; and WHEREAS, with Council member George recused, each Council member declares that he or she had no contact with either the applicant or opponents of this preliminary plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council hereby affirms and adopts the Findings and Conclusions and recommended conditions of the Hearing Examiner's Recommendation, Examiner's No. IU02-4-10, a true copy of which Examiner's Recommendation is attached hereto as "Exhibit A" and is incorporated herein by reference. The City Council additionally requires a five-foot wide easement and asphalt HAM PROPERTIES LLC/CREEKVIEW -- UAZO PREL LONG PLAT NO 1-02 RESOLUTION APPROVING PRELIMINARY PLAT -- Page 1 path, with bollards on the west end and a gate on the east, be located between Lots 13 and 14. City Council finds formally that, as a matter of fact, the application for a thirty- eight -lot subdivision in the 1400 block of S 80th Avenue, submitted by Ham Properties LLC, City Preliminary Plat # 1-02, conforms with the City of Yakima Zoning Title, YMC 14.25.110, and other applicable land use controls. All approvals and findings of compliance expressed by this resolution are specifically conditioned on the pertinent matters included among the Finding and Conclusions and recommended conditions of the Hearing Examiner's Recommendation. Subject to conditions stated herein, preliminary plat approval of a thirty -eight -lot subdivision in the 1400 block of S 80th Avenue, submitted by Ham Properties, LLC, City No. Preliminary Plat #1-02, as represented by the Preliminary Plat, prepared by Andreotti & Associates Inc., dated Feb. 2002, is granted. ADOPTED BY THE CITY COUNCIL this 2nd day of July , 2002. Mayor ATTEST: 2 14 City Clerk HAM PROPERTIES LLC/CREEKVIEW -- UAZO PREL LONG PLAT NO 1-02 RESOLUTION APPROVING PRELIMINARY PLAT -- Page 2 EXHIBIT A STATE OF WASHINGTON CITY OF YAKIMA OFFICE OF HEARING EXAMINER RECEIVED MAY 1 5 200? CITY OF YAKIMA PLANNING DIV Preliminary Plat Application ) EXAMINER'S RECOMMENDATION by Ham Properties, LLC for the ) Plat of Creekview (38 lots), ) City No. Pre Plat #1-02 Vicinity of 1400 Block of ) S 80th Ave. ) Examiner No. IU02-4-10 The Examiner conducted a public hearing on April 25, 2002. The staff report presented by Senior Planner Bruce Benson recommended approval subject to a number of conditions. Planning Consultant Bill Hordan appeared on behalf of the applicant. A number of neighbors attended the hearing and also submitted letters. Neighborhood concerns include issues related to vehicle and pedestrian safety, traffic volume, access to 80th, access to the school grounds, lot size, and nature of the housing intended for the project. The Examiner inspected the property prior to the hearing. This decision constitutes a recommendation to the City Council, supported by written findings and conclusions. SUMMARY OF DECISION. The application is approved, subject to conditions. From the view of the site, the matters contained in the official record including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: EXAMINER'S RECOMMENDATION - 1 Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 FINDINGS 1. Applicant/Property Owner. Ham Properties, LLC, P. 0. Box 8353, Yakima, WA 98908. The principals in Ham Properties include 2. Location. This property is located on the east side of South 80th Avenue, approximately 700 feet south of the Wide Hollow Road intersection. It is south of Wide Hollow Creek and north of Zier Road. Ao =00or's parcels 181329-33004 and 181332- 22002. 3. 2iE7[J11C:LLL1iJi1. JV 1L)L -4 iiay is 1Qllt11 rCJ L' 111.1Q1 preliminary plat, located on approximately 10.5 acres. 4. Current Zoning and Use. This property is zoned Single Family Residential (R-1), and contains two single family houses which will be retained, each on lots created as part of this plat. Until recently this property was predominately a pear orchard, but has been cleared. Surrounding properties are zoned R-1 and developed with single family housing. The east boundary of this project borders the West Valley Junior High and Middle Schools. 5. Project Description. The proposal is to subdivide the two existing lots into 38 new parcels ranging in size from approximately 9,000 to 13,000 square feet. A looping interior road with a 50 -foot wide right-of-way and 32 feet of pavement provides access to S. 80th Avenue. The two existing houses will remain on 4—�, yu.-.h r S3 v, a• O.. their own newlyly created lot, and thee remaining 36 lots will be available for future residential development. The interior road is located so that it joins 80th directly across (east) from Plath Avenue. The two existing houses will continue to have driveways accessing 80th Avenue. All other lots FXAMTNFR' . RPX )MMFNfAT_ TCN - 2 Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 will utilize the interior street. Domestic water will be provided by the Nob Hill Water Company. Sewer will be provided by the Regional Wastewater Treatment Facility. The interior street will meet all standards imposed by Title 12. It will be constructed within 50 feet of right of way, with 32 feet of pavement to the face of the curb. There will be rolled curb, 5 foot wide sidewalks on both sides of the street, together with street lights. Sanitary sewer is located to the north, requiring a main extension. This extension will traverse the property, and will be designed to accommodate future extension by others. South 80th Avenue is designated a collector arterial with a required 80 feet of right of way. The existing right of way east of the centerline is currently 25 feet, which requires additional dedication of 15 feet to bring it up to the standard 40 feet east of the centerline. 6. Comprehensive Plan and Zoning Ordinance. This area is designated low density residential by the comprehensive plan, and is zoned R-1. The development standards for the single family residential zone include minimum lot size of 7,000 square feet, maximum building height of 35 feet, and lot coverage of 45%. Typical density is 7 dwelling units per acre. The existing development to the south is served by septic and is therefore on much larger lots, in order to provide room for replacement drain fields. Title 12 of the Municipal Code deals with public improvements, primarily frontage improvements. In this instance 80th Avenue is a paved two lane street with shoulders and drainage ditches on each side. It is likely to be upgraded at sometime in the future, but at this point it is not a funded project on the county's six year road list. When improved it will probably be a EXAMINER'S RECOMMENDATION - 3 Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 three lane road, with curbs, gutters, sidewalks, and street lighting. The city Engineer has indicated that he ' s inclined to defer frontage improvements at this time. Given uncertainty as to the future configuration of 80th, and no knowledge as to what its final grade would be, deferral of the standard frontage improvements seems appropriate. However, state law requires consideration to be given for the safe passage of students to schools. This is clearly a problem in the neighborhood as evidenced both by numerous comment letters and testimony, as well as physical inspection. The developers have graciously agreed to install a five footwide paved path along the C entire frontage of the project, on the east side of the drainage ditch, within city right of way, in order to provide a walkway. Details of this design will be worked out between the developer and City Engineering. 7. Statute. ROW 58.17.110 identifies factors which must be considered in approving subdivisions. Subsection 1 provides that the city shall inquire into the public use and interest proposed to be served by the establishment of the subdivision. The city shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. This property is adjacent to the county's recently developed park, which is between this plat and Wide Hollow Creek. The pathway along 80th will provide access to the park and through the park pedestrians can access the school grounds. EXAMINER'S RECOMMENDATION - Ham Properties, LLC yyv Examiner No. IUO2-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 The several issues raised by the neighbors may reasonably be considered as all dealing with compatibility issues. The houses to the south, and to the west across 80th, are all very nice homes on unusually large lots. The large lots are related in part to the need for alternative drain fields for septic systems. Compatibility issues are primarily determined by the underlying zoning. In this instance, R-1 zoning, as described in the Urban Area Zoning Ordinance, allows lot sizes down to a minimum of 7,000 square feet when public water and sewer are available. Once the zoning is approved, consistency analysis required by state growth management legislation prohibits reconsideration of densities allowed by the underlying zoning. In this instance, there are no environmental reasons to be concerned about, and SEPA review is final in any event. Accordingly, since this proposal meets all development standards imposed by local ordinance, and meets the requirements imposed by state statute, the project is deemed to be compatible with adjacent R-1 housing. 8. Environmental Review. The city issued a Mitigated Determination of Nonsignificance on March 28, 2002, which is now final. It noted that this development is in the Wide Hollow Creek watershed, which is highly developed and susceptible to flooding. The mitigation measure required by the MDNS is that all storm water runoff will be retained on site and subject to a drainage plan to be approved by the City Engineering division. This plan may include but is not limited to the use of grassy swales, infiltration trenches, and storm water retention ponds. Although this was included in the MDNS, this is a standard requirement for all plats, that storm water generated on site be retained on site, and that storm water which flows on site from elsewhere must be accommodated and allowed to pass through the site without exacerbation, following the natural drainage. EXAMINER'S RECOMMENDATION - 5 Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 Yakima County has dealt extensively with surface water and flood control issues. Its comments are reflected in a March 7, 2002 letter to Bruce Benson from Professional Engineer John Knutson, the county's surface water manager and flood control zone district manager. His comment letter is significant and should be examined closely by City Engineering prior to approving a storm drainage plan for this property. The traditional design storm for both the city and the county tends to be a 10 year storm. However, in unusual circumstances, the county has used a different design storm. The 1996 flood has particularly sensitized engineers to the problems in the Wide Hollow Creek watershed, M Kn u t, ' s+ thatinstances 1 0 0 resulting 111 1"11. 1\11U l�JOil J suggestion 1.11QL 111 some a 1VV year storm event should be the design perimeter. These issues are typically resolved by the engineers. On occasion, in the county, because of unusual terrain, more intensive design work has been required at the preliminary plat stage, due to public concern and comment. The county has experienced this with respect to extensive residential proposals in Terrace Heights, and also with respect to Cottonwood Grove, Rich Hochrein's plat in the West Valley, south of Tieton. From a policy perspective, elected officials and municipal management are concerned about storm drainage liability issues, and maintenance of public infrastructure (water, sewer, roads) in the event of a major storm. In this instance the engineers can reasonably be expected to adequately design a storm drainage system. The issue is raised here simply because this is the first plat of any size which the city has processed for several years. One of the purposes of a recommendation like this is to point out when policy issues are involved in a given application. 9. Public Notice. Public notice of the hearing was provided in accordance with the ordinance. 7XAMTN7R' q RF'rrnMMFTT\T MnATn- 6 Ham Properties, LLC yyv v Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed subdivision conforms with the goals and policies of the Comprehensive Plan, the intent of the Yakima Urban Area Zoning Ordinance, the provisions of the Yakima City Subdivision Ordinance, and will serve the public use and interest, subject to the conditions set forth in the Recommendation below. Appropriate provisions have been made for all factors required to be considered by RCW 58.17.110, concerning review of subdivisions. The public use and interest will be served by this proposed subdivision. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing findings and conclusions, the Examiner submits to the Yakima City Council the following recommendation. RECOMMENDATION Approve this preliminary plat application, subject to the following conditions: 1. As is indicated on the preliminary plat an additional 15 feet of right-of-way shall be dedicated along the street frontage for S 80th Avenue. 1.1 A five foot wide asphalt pathway shall be EXAMINER'S RECOMMENDATION - 7 Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 constructed within city right of way, parallel to 80th Avenue, south of the drainage ditch. 2. Prior to final plat approval the interior streets shall be engineered, constructed and approved according to the standards and requirements of YMC Title 12. 3. All lots shall be served with public water from the Nob Hill Water Company. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Planning Department indicating that all construction required to provide each lot with domestic water has been completed and fees paid. 4. All lots shall be provided with public sewer service according to YMC Title 12 standards. No individual septic systems of other sewage disposal methods will be allowed. Prior to final plat approval written verification from the City of Yakima Engineering Department must be provided to the Planning Department indicating that all sewer extensions have been completed or financially secured. 5. A minimum 8 -foot wide public utility easement must be provided adjacent to all public road rights-of-way. 6. Easements for new and/or future utilities shall be a minimum of 16 feet in width, provided that the width of easements for buried utilities will be twice the depth of the planned excavation. 7. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. 8. All public and private utilities to be located within public road rights-of-way must be constructed prior to the start of road construction. 9. Fire hydrants shall be placed at the locations EXAMINER'S RECOMMENDAT_TON_ - 8 Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 specified by the Building Codes Division and Yakima Fire Department. All lots must be provided with adequate fire flow. 10. Irrigation easements, if required, shall be provided as specified by the Yakima Valley Canal Company. 11. The final plat shall substantially conform to the preliminary plat, except as modified by the hearing examiner or City Council. 12. All permits required by the Yakima Regional Clean Air Authority shall be obtained. The developer shall designate during working hours a responsible party to serve as contact for suspected air quality violations. 13. The developer shall contact the State Department of Ecology to determine if a baseline general permit for stormwater discharges will be necessary for this development. Application shall be made at least 30 days prior to the start of construction. 14. Erosion control methods such as temporary ponding, silt fencing, etc. construction. 15. All addresses must be in place prior to clearing, grading or shall be as specified in the findings the face of this report. All addresses must be clearly shown on of the final plat. 16. The lots shall be subject to the following notes, which must be placed on the face of the plat: a. Except for Lots 24 and 25, direct vehicular access onto S 80th Avenue, from this plat, is prohibited. b. The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. c. The owners shown hereon, their grantees and EXAMINER'S RECOMMENDATION - 9 Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 assignees in interest, hereby covenant and agree to retain all surface water generated within the plat on-site. DATED this 1S7 day of May 2002, PHILIP A. L B Un Ms EXAMINER'S RECOMMFNDATTON - in Ham Properties, LLC Examiner No. IU02-4-10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKJMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 W KING 6T •r 1 •1• r R-1 L C'— ZIER RD CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO: UAZO PREL LONG PLAT#1-02 APPLICANT: HAM PROPERTIES, LLC REQUEST: SUBDIVIDE APPROX. 10.5 ACRES INTO 38 RESIDENTIAL LOTS (PLAT OF CREEKVIEW) LOCATION: 1400 BLOCK OF SO. 80TH AVENUE Scale —lin =4000 0 200 400 N Subject Property - - - Zoning Boundary Yakima City Limits LONG-PLT1-02 02119/02 RECEIVED FEB 1.2?LIO7 CITY OF YAI(irv`s,- PLANNING DIS' THE PLAT OF GREE VIEW SW 1/4, SW 1/4 OF SECTION 29, TOWNSHIP 13 NORTH. RANGE 19 E.W.M. AND NW 1/4, NW 1/4 OF SECTION 32, TOWNSHIP 13 NORTH, RANGE 19 E.W.M. YAKIMA COUNTY, WASHINGTON 130' LOT 2 12,413 S.F. 110.1' _P LATH AVE w w U EDGE O_Ot SOUTH 8 8 LCT 1 9,934 S.F. 0917'1 EXG. 12" WATER MAIN (NOB HILL WATER) 85' 85' LOT 3 11,158 S.F. 20.R 20'R LOT 26 9,443 S.F. 110' 31' in -4- rLOT 25 9,350 S.F. 110' LOT 24 v41 9,888 S.F. G' ow. mous( 'Ed; 04 1j WI < .ui, -61 13 h §Ig , LOT4 g 11,205 S.F. N89*13'43" E 800.00' LOT 5 10,026 S.F. 85° LOT 6 9,775 S.F. 85' 85' LOT 7 9,775 S.F. 85' 85' LOT 8 9,775 S.F. 552' EXG SEWER MANHOLE I _ 165 FT. NORTH OF PROP`y `, G t3 SE} tt ow. IxW Wm N ft W� 145 LOT 9 13,009 S.F. - -'50` ----'N89"13'43"E 243.9' _ 70' 9m11_ = 2---`100.F2 - - FLA1H AVE.- - - - 4.3 �----- - Z1i-� (20'R I LOT 27 9,727 S.F. 112.7" 8 �-� wi N LOT 28 10,430 S.F. 80' --+---so.8O-- q m 'r LOT 29 10,968 55. an • LOT 30 2 10,908 S.F. :. -----925'- --. 20'R or. LOT 31 r 10,232 S.F. 1123 W LOT 32' 9,545 S.F. 1123° .. LOT 38 9,018 S.F. 112.7' 0 o LOT 36 i111,031 S.F. _ 8 S' LOT 35 in 10,970 S.F. in ------ 80 LOT 34 -. 10,909 S.F. Es r fil - - 80' a - - LOT 33 10,235 S.F. 20� --- 925 , - I I • LOT 37 9,437 S.F. R _ 92 5 LOT 23 12,448 SF. EXG IRR. BOX o 85' LOT 22 10,605 S.F. 4' 45'R/ m N89'38_36' E 425.1'` - - - - - - - -F - , 70 �� LOT 14. 9,464 S.F MEAD AVE. n LOT 21 N LST 20 10,205 S.F. 10,200 S.F LOT 19 10,200 S.F. 85' LOT 18 r LOT 17 10,200 S.F. 10,200 S.F. 85' 85' LOT 16 10,046 S.F. 85' INTERIOR R.O.W. 50' WOE WTTH 10' P.U. EASEMENT ON EACH SDE N8938°36"E 800.00' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of July 2, 2002 ITEM TITLE: Adoption of Resolution approving the preliminary plat of Creekview [Ham Properties LLC, Developer] SUBMITTED BY:I V17i°tltam R. Cook, Director Community and Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Senior Planner (575-6042) SUMMARY EXPLANATION: In a public meeting held before the Yakima City Council on June 18, 2002 preliminary approval was granted to the plat of Creekview. This plat will subdivide approximately 10.5 acres in the R-1 zone into 38 parcels. Today you are being requested to formally adopt the resolution granting this project preliminary approval. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-80