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
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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