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HomeMy WebLinkAboutR-2008-083 Englewood West Final Plat Ph. 2, 3, & 4RESOLUTION NO. R-2008-83 A RESOLUTION approving the final plat for Phases 2, 3 and 4 of Englewood West, a 78 -lot subdivision located in the vicinity of North 74th and Englewood Avenues, and authorizing the Mayor to sign the final plat for Phases 2, 3 and 4. J&R Enterprises is the applicant herein. WHEREAS, on November 2, 2005, the Hearing Examiner held a public hearing to consider the application for an 80 -lot subdivision in four phases, submitted by J&R Enterprises and known as Englewood West, located in the vicinity of North 74th and Englewood Avenues (City of Yakima Preliminary Plat # 2-05, EC #17-05); and WHEREAS, on November 17, 2005, the Hearing Examiner issued his Recommendation for approval of the proposed preliminary plat subject to several conditions; and WHEREAS, at its public meeting on January 3, 2006, the City Council determined by motion that the Recommendation of the Hearing Examiner should be affirmed and adopted; and WHEREAS, the applicant has completed or bonded for construction, all public improvements required as conditions of approval of the preliminary plat for Phases 2, 3 and 4, and the City Engineer has inspected, approved and accepted all plans and designs for required improvements for said Phases; and WHEREAS, as this final plat comes before Council for review each member declares that he or she has had no contact with either the applicant or opponents of the final plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The proposed final plat for Phases 2, 3 and 4 of Englewood West, consisting of two sheets dated May 28, 2008, depicting Phases 2, 3 and 4 of a 78 -lot subdivision located in the vicinity of North 74th and Englewood Avenues is hereby approved and the Mayor is hereby authorized to sign the final plat. The applicant shall file the final plat for Englewood West for record in the Yakima County Auditor's Office immediately, or as soon thereafter as possible. The applicant shall be responsible for all filing fees. ADOPTED BY THE CITY COUNCIL this 3`d day of Ju ATTEST: L1. City Clerk avid Edler, Mayor J&R ENTERPRISES ENGLEWOOD WEST PHASE II, III, and IV FINAL LONG PLAT#2-08 EXHIBIT LIST City Council Public Meeting June 3, 2008 Applicant: J&R Enterprises File Number: Final Long Plat#2-08 Site Address: Vicinity of 74th Avenue and Englewood Avenue Staff Contact: Vaughn McBride, Associate Planner Table of Contents CHAPTER A Resolution CHAPTER B Staff Report CHAPTER C Hearing Examiner Recommendation CHAPTER D Vicinity Map CHAPTER E Final Plat — Phase II, III, and IV • s • A-1 J&R ENTERPRISES ENGLEWOOD WEST PHASE II FINAL LONG PLAT#2-08 EXHIBIT LIST CHAPTER A Resolution Resolution 6/03/08 • A RESOLUTION RESOLUTION NO. R -2008 - approving the final plat for Phases 2, 3 and 4 of Englewood West, a 78 -lot subdivision located in the vicinity of North 74th and Englewood Avenues, and authorizing the Mayor to sign the final plat for Phases 2, 3 and 4. J&R Enterprises is the applicant herein. WHEREAS, on November 2, 2005, the Hearing Examiner held a public hearing to consider the application for an 80 -lot subdivision in four phases, submitted by J&R Enterprises and known as Englewood West, located in the vicinity of North 74th and Englewood Avenues (City of Yakima Preliminary Plat # 2-05, EC #17-05); and WHEREAS, on November 17, 2005, the Hearing Examiner issued his Recommendation for approval of the proposed preliminary plat subject to several conditions; and WHEREAS, at its public meeting on January 3, 2006, the City Council determined by motion that the Recommendation of the Hearing Examiner should be affirmed and adopted; and WHEREAS, the applicant has completed or bonded for construction, all public improvements required as conditions of approval of the preliminary plat for Phases 2, 3 and 4, and the City Engineer has inspected, approved and accepted all plans and designs for required improvements for said Phases; and WHEREAS, as this final plat comes before Council for review each member declares that he or she has had no contact with either the applicant or opponents of the final plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The proposed final plat for Phases 2, 3 and 4 of Englewood West, consisting of two sheets dated May 28, 2008, depicting Phases 2, .3 and 4 of a 78 -lot subdivision located in the vicinity of North 74th and Englewood Avenues is hereby approved and the Mayor is hereby authorized to sign .the final plat. The applicant shall file the final plat for Englewood West for record in the Yakima County Auditor's Office immediately, or as soon thereafter as possible. The applicant shall be responsible for all filing fees. ADOPTED BY THE CITY COUNCIL this 3`d day of June, 2008. ATTEST: David Edler, Mayor DOC. INDEX # A-) • • • J&R ENTERPRISES ENGLEWOOD WEST PHASE II FINAL LONG PLAT#2-08 EXHIBIT LIST CHAPTER B Staff Report B-1 Staff Report 6/03/08 • • • City of Yakima, Washington Department of Community & Economic Development Office of Environmental Planning CITY COUNCIL PUBLIC MEETING June 3, 2008 Final Long Plat Consideration for the Plat) Of Englewood West (78 lots) submitted ) By J&R Enterprises, located in the ) Vicinity of 74th & Englewood Avenues ) Final Long Plat #2-08 Vaughn McBride Community Development Specialist 576-6315 SUMMARY OF RECOMMENDATION All requirements conditional to the final approval of Phases 2, 3, and 4 of this plat have been satisfied. The Division of Environmental Planning recommends Council acceptance of Phases 2, 3, and 4 of the final plat of Englewood West Subdivision. FINDINGS BACKGROUND Englewood West is a new 78 -lot subdivision located in the vicinity of 74th Avenue and Englewood Avenue. In open Council session on November 5, 2005 the Hearing Examiner's recommendation, granting preliminary approval of this long plat, was accepted. The developer is seeking final plat approval on 51 lots in Phases 2, 3 and 4. Phase I final plat approval was granted November 21, 2007. COMPREHENSIVE PLAN The Future Land Use Element of the Comprehensive Plan indicates that from two to seven dwelling units per acre characterize the SR zoning district. Overall density for this development is approximately four dwelling units per acre. The Plan also provides goals and policies directed towards provision of adequate public utilities to new developments. This site is now fully serviced by all necessary public utilities with access provided by North 74th Avenue. ZONING The Suburban Residential (SR) zoning district is characterized by a mixture of land sues and residential densities, 45 percent maximum lot coverage, access via local access streets and collectors, low-density residential development, some clustering of high-density residential development. Englewood West Final Long Plat #2-05 J&R Enterprises Vicinity of No. 70 & Englewood Avn 1 DOC:. INDEX SUBDIVISION ORDINANCE STANDARDS Criteria for subdivisions are included in YMC 14.25.110, which specifies the requirements for subdivision design. Englewood West has been found to comply with all applicable standards for the development of Phase 2, 3 and 4 of four phases and the final plat is in general conformance with the preliminary design. The developer is seeking final approval of all 51 remaining lots of Englewood West Subdivision. ENVIRONMENTAL REVIEW A Mitigated Determination of Nonsignificance (MDNS) was issued for this subdivision on September 22, 2005. The mitigation measure(s) required that mitigation will be applied to conditions of approval that will address the issues of: 1) Stormwater Drainage & Retention 2) Soil Erosion Control 3) Public Infrastructure 4) Irrigation Water CONDITIONS OF APPROVAL The approved preliminary plat required the applicant to complete all site improvements listed as conditions in the Hearing Examiner's Recommendation of November 17, 2005 (see attached). The conditions that must be met before the final plat can be approved consist of the following: Domestic Water & Sanitary Sewer 1. All lots shall be provided with public domestic water and public sewer service according to YMC Title 12 standards. 2. No individual wells or other water system will be allowed. No individual septic systems or other sewage disposal methods will be allowed. Status: Items 1 and 2 above. The provision of domestic water and public sewer service for all lots meet YMC Title 12 standards. 3. Prior to final plat approval written verification from the City of Yakima Engineering Department must be provided to the City of Yakima Planning Division indicating that all water and sewer extensions have been completed of financially secured. Status: All water and sewer extensions have been financially secured. Utilities 1. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. Status: Approved plans show all utilities to be located underground Englewood West Final Long Plat #2-05 J&R Enterprises Vicinity of No. 74th & Englewood Avn 2 DOC. INDEX # 6_ • • • • 2. A minimum of 10 -foot wide public utility easement to be provided adjacent to all public road right-of-ways. 3. Easements for new andlor future utilities are a minimum of 16 feet in width, provided that the width of easements for buried utilities is twice the depth of the planned excavation. Status: Necessary easements are shown on the plat. 4. All public and private utilities located within public road rights-of-way are " constructed prior to the start of road construction. Status: Approved plans show all public and private utilities shall be located within public road right-of-ways prior to start of road construction. Irrigation Water 1. Irrigation easements, if required, shall be provided as specified by the Yakima-Tieton Irrigation District. 2. Developer must obtain approval of Yakima-Tieton Irrigation. 3. Developer must satisfy Article 2 of Yakima-Tieton Irrigation District Resolution 9705. 4. Prior to plat approval receive YTID written verification of the presence of a 15 -foot - wide non-exclusive irrigation easement that will allow for distribution of irrigation water to all parcels of land within the YTID boundary. Status: Yakima-Tieton Irrigation District approval evidenced by signing of plat. Public Infrastructure 1. All lots must be provided with adequate fire flow. Status: Review of plans indicate appropriate fare flow provided 2. Fire hydrants shall be placed at the locations specified by the Building Codes Division and Yakima Fire Department. Status: Fire hydrants will be placed as required. 3. Developer constructs a paved L-shaped turn -around at the north end of North 72" Avenue. Status: The requirement for a turn -around was replaced with the provision of a cul-de-sac based upon vacation of the Scenic Drive right-of-way as approved by the Hearing Examiner decision of May 22, 2008. 4. Developer paves the existing right-of-way located to the east of North 72nd Avenue four feet north of the centerline east for the entire length of Lot 74. Englewood West Final Long Plat #2-05 1&R Enterprises 3 Vicinity of No. 74th & Englewood Avn DOC. INDEX # �r Status: The vacation of the Scenic Drive right-of-way relieves the developer of this requirement per City Engineering review and approval. 5. Developer must install a curb return and 5 -foot sidewalk that extends eastward for the entire length of Lot 74. Status: The vacation of the Scenic Drive right-of-way relieves the developer of this requirement per City Engineering review and approval. 6. Vacation of right-of-way along western boundary line is accomplished during Phase 1 of the development project. Status: Achieved. HE reconimendation of approval to Council, dated October 11, 2006 adopted October 17, 2006. 7. All frontage improvements must be accomplished in accordance with YMC Title 12 standards. Status: Developer has provided a surety bond or other secure method of financially providing for and securing to the City the actual construction of frontage improvements required for Phase 2, 3 and 4 developments. Stormwater Drainage & Retention 1. All surface water generated from project, including roads, residential dwellings, buildings, landscaped areas, shall be disposed of on-site for the full 25 -Year Storm design. 2. Surface water plans will be reviewed, approved by City of Yakima Surface Water Engineer. 3. Construction stormwater general permit is required. 4. Developer shall develop a Stormwater Pollution Prevention Plan, to be approved by Department of Ecology that details the BMPs to be used. 5. Developer shall implement Erosion and Sediment Control measures in accordance with Best Management Practices detailed in the Stormwater Management Manual for Eastern Washington. 6. Developer shall provide City of Yakima Department of Engineering with a defined flow path/method of getting emergency overflow runoff from the ponds to the culvert under Englewood Avenue. 7. Appropriately sized and designed retention ponds to handle pass-through drainage shall be shown on plan. Status: City Engineering has received and approved stonnwater drainage and retention designs. Englewood West Final Long Plat #2-05 J&R Enterprises Vicinity of No. 70 & Englewood Avn 4 DOC. INDEX • • Soil Erosion Control 1. All permits required by the Yakima Regional Clean Air Authority must be obtained, to include a Master Construction Dust Control Plan that addresses demolition, site preparation, construction and landscaping phases of the proposed development, per Section 3.08 of Yakima Regional Clean Air Authority regulations. 9 Status: Achieved The developer must designate during working hours a responsible party to serve as contact for suspected air quality violations. Status: Achieved 3. The developer must contact the State Department of Ecology to determine if residual concentrations of pesticides above the MCTAclean up levels are present and undertake the appropriate clean up actions as recommended by the Department of Ecology. Status: Achieved 4. Erosion control methods such as temporary ponding, silt fencing, etc, must be in place prior to clearing, grading or construction. Status: Achieved Sanitary Sewer 1. The existing 8 -inch sanitary sewer line located on North 72nd Avenue be extended further to the north and terminate into the easement area at the northern end of the development. Status: Achieved 2. Provide utility easement between Lot #78 and Lot #79. Status: This requirement has been replaced with the provision of a utility easement between Lot #79 and Lot #80 per City Engineering Division review and approval. 3. Developer shall provide an additional manhole on North 72nd Avenue with an 8 - inch sanitary sewer line to extend north out of this manhole to a cleanout. 4. Developer shall provide a utility easement between Lot #51 and Lot #52. 5. Developer shall provide an additional service lateral for parcel #181317-43429. Status: The requirements for #3, #4 and #5 have been achieved. Englewood West Final Long Plat #2-05 J&R Enterprises Vicinity of No. 70 & Englewood Avn 5 DOC. INDEX 8—( Transportation/Traffic 1. Transportation Concurrency Review required. Status: Transportation Concurrency Review has been satisfied. 2. All site traffic will be accessed from Englewood Avenue, with traffic distributing onto 68th Avenue, 74th Avenue and Summitview Avenue. Status: Achieved 3. All interior streets shall be engineered, constructed and approved according to the standards and requirements of YMC Title 12. Status: All interior streets for Phase 2, 3 and 4 development has been engineered in compliance with City development standards. The City Engineer has evidenced his approval by signing the final plat for the completion of Phase 2, 3 and 4 of the development. Final Plat Requirements 1. The final plat shall substantially conform to the preliminary plat, except as modified by the Hearing Examiner or City Council. 2. Status: Achieved The developer must provide a surety bond or other secure method of financially providing for and securing to the City the actual construction of required improvements. Status: Developer has provided a secure method financially providing for the installation of all sewer extensions. 3. All addresses shall be as specified the findings of this report. All address must be clearly shown on the face of the final plat. Status: All addresses for Phase 2, 3 and 4 developments are clearly shown on plat. 4. Developer must submit a set of plans prepared by a licensed Civil Engineer to City Engineering Division for review and approval. Status: Achieved 5. Each development phase shall be recorded individually at such time as the development phases are completed. Status: Phase 1 final plat approval was granted November 21, 2007. Englewood West Final Long Plat #2-05 J&R Enterprises Vicinity of No. 74"' & Englewood Avn 6 DOC. INDEX • t • • • Developer seeking final plat approval of Phases 2, 3 and 4. 6. Yakima-Tieton Irrigation District irrigation easements must be shown on the face of the plat and be labeled "Public Utility and Irrigation Easement". Status: Achieved 7. The lots shall be subject to the following notes, which must be placed on the face of the plat: a) 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. b) The owners shown hereon, their guarantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on-site. Status: Achieved RECOMMENDATION The City Engineer's office has inspected and accepted all required physical improvements for the completion of Phase 2, 3 and 4, and the City Engineer has signed the plat in affirmation of this fact. The Planning Division has reviewed the final plat and found it to be in substantial conformance with the terms and conditions of preliminary plat approval. Staff, therefore, recommends City Council acceptance of Phase 2, 3 and 4 of the final plat of Englewood West Subdivision and asks that the resolution authorizing the Mayor to sign the final plat be adopted. Englewood West Final Long Plat #2-05 J&R Enterprises Vicinity of No. 74'! & Englewood Avn 7 DOC. INDEX • • J&R ENTERPRISES ENGLEWOOD WEST PHASE II FINAL LONG PLAT#2-08 EXHIBIT LIST CHAPTER C Hearing Examiner Recommendation EXHIBIT : ;: _ :: DOCUMENT;:. DATE:.;.i:. C-1 Hearing Examiner's Recommendation: Preliminary Long Plat#2-05 11/17/05 C-2 Resolution No. 2006-08: Preliminary Long Plat#2-05 1/17/06 C-3 Hearing Examiner's Recommendation: R/W Vacation #1-06, Petition#6-06 10/11/06 C-4 Ordinance No. 2006-54: R/W Vacation #1-06, Petition #6-06 11/07/06 C-5 Hearing Examiner's Recommendation: R/W Vacation #1-08, Petition #08-01 5/22/08 City of Yakima, Washington Hearing Examiner' s Recommendation May 22, 2008 In the Matter of an Application for Vacation ) Of Public Rights -of -Way Submitted by: Larry Loveless & Charles Johnson To Vacate Street Rights -of -Way north of The Intersection of North 74th Avenue With West Englewood Avenue RECEMED MAY 2 2 4144 CITY OF VARM911 PLANNING UAZO RJW VAC # 1-08 Petition # 08-01 Introduction. The chronology of the hearing process relative to this request to vacate public street. rights-of-way can be summarized as follows: ,1) The testimony at the first day of the open record public hearing on April 10, 2008 may be summarized as follows: a) Associate Planner Vaughn McBride indicated that Orlin Knutson who recently purchased one of the parcels had signed the petition the day before the hearing. Larry Loveless testified m favor of the. right-of-way vacation requests. William Bailey testified that his signature on the petition for vacation of a portion of the Scenic Drive right-of-way between the improved segments of Scenic Drive, was conditioned upon having a private access and utility easement to the east through other properties to the improved portion of Scenic Drive subsequent to the vacation. Mr. Knutson testified that his signature on the petition for vacation was conditioned upon having a utility easement for extending the City's sewerline through neighboring property to the east subsequent to the vacation. b) - Mr. McBride requested additional time to analyze the situation since it appeared that some of the signatures on the petition were based on Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 1 DOC. INDEX # C-5 ft ECEFIVED MAY 222t0. MTV OF VIttr(i �°�LtA'111i811II1 I1I , unstated expectations that affected property owners had not agreed to, and that some of the properties would be left landlocked without access if all the right-of-way vacation requests were granted. The hearing was therefore continued to April 24, 2008. 2) The testimony at the continued hearing on April 24, 2008 may be summarized as follows: a) Mr. McBride indicated that the north/south public right-of-way for the original configuration of the west half of North 74th Avenue met all the criteria for vacation. b) Mr. McBride indicated that the easternmost portion of the requested vacation of the Scenic . Drive right-of-way between the two portions of Scenic Drive that are improved on each side did not meet the criteria for vacation because the requested vacation would leave those properties landlocked. Mr. McBride further indicated that even if those property owners' were to agree upon the width and location of a private access and utility easement in lieu of the existing public right-of-way, the City does not allow a private access easement to serve more than one property, and the existing public right-of-way is already being used to access the properties. c) Mr. McBride indicated that the rest of the unimproved Scenic Drive right-of-way between the two improved portions of Scenic Drive could be considered for vacation. Mr. McBride indicated that the City Engineering Division recommended that a public utility easement be reserved over the entire 40 -foot width of the area to be vacated because the sewerline on North 74th Avenue ends north of the Johnson property at a manhole in the middle of the north 20 feet of the 40 -foot -wide Scenic Drive right-of-way and because there will have to be 10 feet of separation for a Nob Hill Water Association waterline in that right-of-way area. d) Mr. Loveless testified that the planned Nob Hill Water Association waterline will run east from the area near that manhole along the Johnson property to loop with a line to the east, but will not run west along the Loveless property because Mr. Loveless was required to install Nob Hill Water Association waterlines through his property to loop with a line at Scenic Drive on the west. He indicated that unless Nob Hill Water Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 2 DOC. INDEX # c-5 • • RECEIVED MAY 2 2 2008 CITY OF YAKIM PLANNING DIV. Association needs to install a waterline north of his property, the 40 -foot - wide right-of-way north of his property should instead be vacated with a reservation of only the north 20 feet thereof for a public utility easement for future extension of the sewerline and for utilities other than water to properties north of his property. He argued that a 40 -foot -wide public utility easement only needed to be reserved north of the Johnson property where there would be a need for separation between the City sewerline and the Nob Hill Water Association waterline. e) City Engineering Division representative Mike Antijunti believed that reservation of the north 20 feet of the vacated area north of the Loveless property for a future sewerline extension and for utilities other than water would be satisfactory if Nob Hill Water Association does not plan to locate a waterline m that portion of the vacated area. The record was kept open for submission of a written statement from the Nob Hill Water Association regarding its need or lack of need for a waterline in the right-of-way along the northern boundary of the Loveless property. 3) On April 30, 2008, Mr. McBride forwarded to the Examiner a written recommendation from the City's Chief Engineer Brett Sheffield to the effect that the requested Scenic Drive right-of-way vacation should be denied unless Mr. Johnson moves the sewer manhole 10 feet to the south to the property line so that a reserved 20 -foot -wide public utility easement could be equally split between the north and south properties to be fair. The Examiner viewed this submittal as a request to reopen the hearing for additional evidence and testimony which was scheduled for May 8, 2008. 4) The testimony at the May 8, 2008 continued public hearing may be summarized as follows: a) Mr. Sheffield summarized his written recommendation dated April 30, 2008. b) Mr. Loveless restated his understanding that a 20 -foot -wide public utility easement could fairly be reserved over the 20 feet north of the Loveless property since it is that property which will need sewer and other utilities to be extended in the future and not the Loveless property. Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 3 DOC. INDEX RECEIVED MAY 2 2 2008 CITY OF Y.AKI Iii PLANNING DIV. c) One of the two property owners to the north of the Loveless property, Orlin Knutson, testified that he is willing to have the entire 20 - foot -wide public utility easement located along the south 20 feet of his property if the sewerline could be installed as close to the property line as possible because it is his property rather than the Loveless property that will need to be .served with utilities in the future. He also testified that he had spoken with the other property owner north of the Loveless property, Dr. Richard Roux, and that he felt the same way. d) Mr. Sheffield testified that the sewerline would have to be kept straight and could possibly be angled over the entire distance of the line from the existing manhole to end up about three feet closer to the property line than the manhole which is about 10 feet north of the property line. e) Near the close of the hearing, Mr. Knutson signed and submitted a writ -ten agreement drafted by Mr. Loveless to reserve the entire 20 -foot - wide public utility easement on his property north of the Loveless property because the easement would be needed for his property and not the Loveless property in the future. He added his request that the line be installed as close to his south property line as possible knowing that there can be no guarantees in that regard. The record was kept open for resubmission of that agreement with Dr. Roux's signature: He was the only other adjoining property owner north of the Loveless property and therefore the only other property owner who could conceivably object to the entire 20 -foot -wide public utility easement being reserved only over the properties north of the Loveless property and not over the Loveless property. 5) On May 16, 2008, Mr. McBride submitted the agreement signed by both Mr. Knutson and Dr. Roux which consents to the reserved 20 -foot -wide public utility easement north of the Loveless property being entirely on their respective properties since theirs are the properties that will be benefitted by the easement and which requests that the sewerline be installed as close to their south property line as possible. 6) The written statement from Engineering Technician Chad Redick to the effect that Nob Hill Water Association will only be installing a waterline in the Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 4 DOC. INDEX C_5 • • • fitleavez MAY 2 2 Tags CITY pF"! PLANAHAKG Scenic Drive right-of-way north of the Johnson property and north of the property to the east of the Johnson property rather than in the right-of-way north of the Loveless property is admitted into the record. as Exhibit G-1; the written statement from the City's Chief Engineer Brett Sheffield recommending a fair location for the reserved 20 -foot -wide public utility easement along the Loveless property is admitted into the record as Exhibit G-2; and the written agreement of Mr. Knutson and Dr. Roux to allow the reserved 20 -foot -wide public utility easement to be entirely on their properties north of the Loveless property and requesting that the sewer line be as close to their south property lines as possible is admitted into the record as Exhibit G-3. In addition, the Examiner requested the respective lengths of the various portions of rights-of-way involved in these petitions which were provided by Mr. McBride on May 22, 2008 by means of an illustration that will be included in the record as Exhibit G-4. 7) This public street right-of-way vacation recommendation has been submitted within ten business days after the conclusion of the public hearing. Summary of Recommendation. The Hearing Examiner recommends that the City Council (a) approve the petition to vacate the remaining north/south 30 -foot - wide and 20 -foot -wide public right-of-way for the west half of the original configuration of North 74th Avenue north of Englewood Avenue which is about 860 feet long; (b) deny the petition to vacate the portion of the east/west 40 -foot - wide unimproved Scenic Drive right-of-way east of the Johnson property which is about 570 feet long; (c) approve the petition to vacate the east/west 40 -foot -wide unimproved Scenic Drive right-of-way which extends along the north boundary of the Johnson property for about 740 feet reserving therein a 40 -foot -wide public utility easement in that entire vacated area; and (d) approve the petition to vacate the westernmost east/west 40 -foot -wide unimproved Scenic Drive right-of-way which extends along the north boundary of the Loveless property for about 660 Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 5 DOC. INDEX # c-5 RECEIVED MAY 2'2Mig EI TAY OlFWWI PLAWINPING DA) feet reserving a 20 -foot -wide public utility easement in the northerly 20 feet thereof that would extend over the south 20 feet of the Knutson and Roux properties. Basis for Recommendation. Based upon a view of the site without anyone else present on April 7, 2008; the staff report, exhibits, testimony and evidence presented at an open record public hearing commencing on April 10, 2008 and continuing on April 24, 2008 and May 8, 2008; the exhibits submitted after the hearing; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the Hearing Examiner makes the following: FINDINGS I. Petitioners/Applicants/Property Owners Adjoining Rights -of -Way Recommended for Vacation. • The petitioners/applicants/property owners who own property adjoining rights-of-way recommended for vacation are Larry and Kimberly Loveless, parcel nos. 181317-34412 and 34426; Chuck Johnson for WCS Enterprises, LLP (referred to as the Johnson property), parcel nos. 181317- 43439, 43440, 43460, 43461 and 43462; Orlin and Paula Knutson (purchasers from Floyd and Margaret Huit), parcel no. 181317-31410; Richard Roux, parcel Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 6 • DOC. INDEX # C-5 • MAY 2 X 2008 CITY OP YAlrCli A PLANN1NO no. 181317-31411; Tom and Cherie Hanses, parcel no. 181317-31426; Roderick and Lisa Plath, a small portion of parcel no. 181317-42428; and Jerre Paxton, a small portion of parcel no. 181317-42440. II. Petitioners/Applicants/Property Owners Adjoining Rights -of -Way that are not Recommended for Vacation. The petitioners/applicants/ property owners who own property adjoining rights-of-way that are not recommended for vacation are Jerre Paxton, parcel no. 181317-42440; Felicia Holtzinger, parcel no. 181317-43408 [sic. 181317-43432]; William and Judy Bailey, parcel no. 181317-43431; and David and Gail Myllenbeck, parcel no. 181317-43429. III. Location. The respective locations of the public street right-of-way areas involved in these petitions for vacation are: 1) The first and southernmost area requested for vacation is a north/south 30 -foot -wide right-of-way for the west half of North 74th Avenue as originally configured north of West Englewood Avenue. This right-of-way is about 220 feet long. The petition indicates that the Loveless parcel no. 181317-34412 abuts this right-of-way on the west and that the Johnson parcel nos. 181317-43462, 43461 and part of 43460 abut this right-of-way on the east. This area will be referred to as the north/south 30 -foot -wide right-of-way. 2) The location of the second area requested for vacation is a north/south 20 -foot -wide right-of-way for the west half of North 74th Avenue as originally configured north of Englewood Avenue which extends north from the first area requested for vacation. This right-of-way is about 640 feet long. It extends along the east 20 feet of the Loveless parcel no. 181317-34426. The Johnson parcel nos. 181317-43439 and part of 43460 abut this right-of-way on the east. The eastern Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 7 DOC. INDEX # C- 5 MAY 2 2 ms CITY OF YAKilelk PLAN,N6NtG 20 -foot width of this street right-of-way that used to exist over the Johnson parcels has already been vacated by City of Yakima Ordinance No. 2006-54 so as to become a part of the Johnson property. This area will be referred to as the north/south 20 -foot -wide right-of-way. 3) The location of the third area requested for vacation is an east/west 40 - foot -wide unimproved right-of-way for Scenic Drive north of the intersection of North 74th Avenue and West Englewood Avenue between the two improved segments of Scenic Drive. It is about 1,970 feet long. The Loveless parcel no. 181317-34426 abuts the westerly portion of this right-of-way on the south. The Loveless parcel is about 660 feet long, including the north/south 20 -foot -wide right-of-way that will become part of the Loveless parcel. The Knutson parcel no. 181317-31410 and part of the Roux parcel no. 181317-31411 abut that westerly portion of this right-of-way on the north. The Johnson parcel nos. 181317-43439 and 43440 abut the south side of the next portion of this right-of-way to the east which is about 740 feet long. Part of the Roux, Hanses, Plath and Paxton parcel nos. 181317-31411, 31426, 42428 and 42440 respectively abut this portion of the right-of-way on the north. The Holtzinger, Bailey and Myllenbeck parcel nos. 181317-43432, 43431 and 43429 respectively abut the remaining easterly portion of this right-of-way on the south. The Paxton parcel no. 181317-42440 abuts the remaining easterly portion .of this right-of-way on the north. The remaining easterly portion of this right-of-way is about 570 feet long. This entire right-of- way area will be referred to as the east/west 40 -foot -wide unimproved Scenic Drive right-of-way. IV. Legal Descriptions. The legal descriptions of the rights-of-way involved in this request are: 1) The legal description for the north/south 30 -foot -wide right-of-way is described as follows m the reference to "Tract C" in the documentation submitted with the petition: "That part of the West half of the 40 foot wide road right of way running m a North-South direction between Lot 43 and Lot 44 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 8 DOC, INDEX C—S • • • MAY 2 2 ME 9ITY OF YA41 f'LAWING Olt thereof recorded in Volume B of plats, Page 31, records of Yakima County, Washington; and that part of the additional 10 foot right of way lying, Easterly of Parcel B as shown on that certain short plat recorded in Volume E of Short Plats, Page 15, records of Yakima County, Washington; lying Northerly of the following described line: Commencing at the Northwest corner of Lot 22 of the plat of Englewood West -- Phase 1, according to the plat thereof recorded under Auditor's file number 7537429, records of Yakima County, Washington; thence South 00°05'22" West along the West line of said Lot 22, a distance of 60.07 feet to the Southwesterly corner of said Lot 22 and the Point of Beginning of said described line; thence North 55°10'57" West 15.68 feet to the PC of a curve; thence along acurve to the right having a radius of 175.00 feet, through a central angle of 46°53'53" and the terminus.of said described line." 2) The legal description for the north/south 20 -foot -wide right-of-way is described as follows in the reference to "Tract B" in the documentation submitted with the petition: "The West half of the 40 foot wide road right of way running in a North- South direction between Lot 38 and Lot 37 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of Plats, Page 31, records of Yakima County, Washington; lying Southerly of the Easterly extended North line of said Lot 38 and Northerly of the Easterly extended South line of said Lot 38." 3) The legal description for the east/west 40 -foot -wide unimproved Scenic Drive right-of-way is described as follows in the documentation submitted with the petition: "That portion of right of way situate between Tracts 27, 28 and 29 on the North and Tracts 36, 37 and 38 on the South in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West right of way line of Scenic Drive on the East Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 9 DOC. INDEX # C-5 IiECE[VED MAY 2 2 2008 CITY OF VAKIWI PLANNING DIV. and Easterly of the East right of way line of Scenic Drive on the West, more particularly described as follows: ' Beginning at the Southwest corner of Lot 3 in Short Plat 82-231 as recorded under Auditor's File No. 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest corner of said Tract 27; thence Easterly, along the South line of Lots 3 and 4 in said Short Plat 82-231 and the South line of Lot 4 in Short Plat 92-40 as recorded under Auditor's File No. 2958815, records of Yakima County, Washington, (being the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 in Short Plat 92-40; thence North 5 feet to the Southwest corner of Lot 2A in Short Plat 93-25 as recorded under Auditor's File No. 2996273 records of Yakima County, Washington; thence Easterly along the South line of said Lot 2A, 591.47 feet, to a angle point corner of said Lot 2A; thence Northeasterly, 42.50 feet to a angle point corner of said Lot 2A, situate 35 feet West of the East line of said Tract 29; thence South 75 feet, to a point on the North line of said Tract 36 situate 35 feet West of the Northeast corner thereof; thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38; thence North 40 feet to the Point of Beginning " V. Notices. The Yakima City Council set April 10, 2008 as the date for the public hearing regarding this request for vacation of rights-of-way by Resolution No. R-2008-53 on March 18, 2008 in accordance with RCW 35.79.010. Notice of the April 10, 2008 hearing was given more than twenty days before the hearing as required by RCW 35.79.020 and was also given in additional ways as follows: Posting of notice on property: Posting of notice in three public places: Publishing of notice in newspaper: Mailing of notice to property owners: Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 10 March 3, 2008 March 19, 2008 March 21, 2008 March 21, 2008 DOC. INDEX # C_ RECEIVED MAY t 2 mos CITY OF YA Ilk, !PLAW1414G QD Y VI. Environmental Review. Street vacations are categorically exempt from SEPA review in accordance with WAC 197-11-800(2)(h) and Chapter 6.88 of the Yakima Municipal Code. VII. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance. VIII. Background. This is a joint application by Larry Loveless and by Charles Johnson for WCS Enterprises, LLP to vacate the various street right-of-way areas described above. Public records indicate that the rights-of-way proposed for vacation were dedicated to the City in 1907 by the Plat of Yakima Orchard Highlands Co.'s Tracts recorded under Volume "E" of Plats, page 31 and that subsequently additional right-of-way for that portion adjacent to Tract 43 was dedicated by a Short Plat recorded in 1975 in Book "E" of Short Plats, page 15. Additional signatures and information have been provided to the Planning Division and the Examiner at various times while these petitions have been under consideration. IX. Zoning and Land Use. All of the properties adjoining the right-of-way areas are in the Suburban Residential (SR) zoning district except for some property to the south and west of the north/south 30 -foot -wide right-of-way which is in the Single -Family Residential (R-1) zoning district. The rights-of-way Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. RNV Vac #1-08; Petition #08-01 11 DOC. INDEX # C-5 RECEIvEC aF vmxttif - niam pig themselves are not being used, but adjoining areas are either vacant, being used for single -family residences or being developed for single -family residences. X. Development Services Team. A Development Services Team meeting was held on March 5, 2008 to discuss the possible impacts of approving the requests for vacation of these rights-of-way. The DST comments included the following observations: 1) Building Permits/Codes: Codes has no issues until development of the property. 2) Engineering Division: Engineering does not recommend vacating right- of-way at any time. But since the land lies in a very steep and undeveloped area, Engineering does not oppose the vacation of these rights-of-way. 3) Nob Hill Water Association: The Association is planning to install a water main in the right-of-way in connection with the development of the Englewood West plat. The Association would like to have an easement reserved for its line if the right-of-way is vacated. XI. Criteria for the Vacation of Street Right -of -Way. City policy provides the following specific criteria to be considered in determining the propriety and requisites of street right-of-way vacations: 1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed right-of-way vacations would allow for the development of the petitioners' property without the need to observe building setbacks from the unimproved public rights-of-way that are not needed for any public purpose. Vacated property would be placed on the tax rolls. Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 12 DOC. INDEX # c-5 • • RECEIVED MAY 2 2 gO 1)iu and (of vciatium, ftiootairut The City would be relieved of potential maintenance costs in the future. The topography of the property where these rights-of-way are located has caused other rights-of-way for streets to be dedicated elsewhere in the petitioners' respective plats of Scenic Plateau and Englewood West. The limits of the proposed vacations would be the north/south 30 -foot -wide and 20 -foot -wide right-of-way for the original configuration of the west half of North 74th Avenue north of West Englewood Avenue and the east/west 40 -foot -wide unimproved Scenic Drive right-of-way north of the intersection of North 74th Avenue and West Englewood Avenue between the portions of Scenic Drive that are improved on both sides. 2) Necessity for the Right -of -Way as Access to Property. The only right-of-way area needed for access to property is the portion of the east/west 40 - foot -wide unimproved Scenic Drive right-of-way east of the Johnson property which is about 570 feet long. The City does not allow a private easement to serve more than one property. The public street right-of-way should be preserved for the unimproved Scenic Drive right-of-way about 570 feet long east of the Johnson property in order to provide continued access to °the Holtzinger, Bailey and Myllenbeck parcels south of the right-of-way and potentially the Paxton property north of the right-of-way. Alternate methods of access that are more practical in view of the topography have been provided for the rest of the properties that could otherwise be served by the remaining rights-of-way involved in these requests. 3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The subject rights-of-way are currently undeveloped and are not included m the City's Six Year Transportation Improvement Plan. There are no Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 13 DOC. INDEX # 7 RECEIVES, MAY 22:2i Ilio CITY OF YAKIMA PLA•A1NINS tIDfI1K!, plans for improvement of the rights-of-way in any of the City's plans or policies. Development of properties in a manner consistent with the Urban Area Comprehensive Plan will not be hampered by the requested right-of-way vacations of areas other than the portion of the 40 -foot -wide unimproved Scenic Drive right- of-way about 570 feet long east of the Johnson property so long as a public utility easement is reserved for future utilities in the vacated portions of the unimproved Scenic Drive right-of-way. 4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested vacation of rights-of-way other than the portion of the unimproved Scenic Drive right-of- way east of the Johnson property will not adversely affect existing or anticipated development in the area. It will instead facilitate future development of the property adjoining said vacated areas by eliminating the need to provide structural setbacks from unimproved public rights-of-way that would otherwise exist. 5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. Noexisting public or private utilities or other improvements are located within the right-of-way areas proposed for vacation which abut the Loveless property. There is a driveway serving as access to the properties along the unimproved Scenic Drive right-of-way east of the Johnson property. There is a City sewerline and manhole within the unimproved Scenic Drive right-of-way north of the Johnson property. That sewerline may be extended to the west or to the east in the future. The Nob Hill Water Association plans to extend a waterline to the east from the area near that manhole to loop with an existing waterline to the east. A public utility easement should therefore be reserved in the unimproved Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 14 DOC. INDEX 0-5 • • ' 1c(t1VED MAY 2 21938 CITY OF Y.AKilitk, PLANNING DIV Scenic Drive right-of-way for future utilities. The public utility easement should be the entire 40 -foot width of the vacated right-of-way that extends about 740 feet along the north boundary of the Johnson property which is located half on the Johnson property and half on the property to the north. That is because there may be both a sewerline and a waterline in that portion of the public utility easement in the future which will need to have at least 10 feet of separation. The public utility easement should be along the north 20 feet of the vacated 40 -foot width of the right-of-way that extends about 660 feet along the north boundary of the Loveless property, which will include the 20 -foot -wide north/south right-of-way to be vacated. Only 20 feet of width are necessary for the public utility easement north of the Loveless property because there will not be a waterline in addition to the sewerline in that portion of the right-of-way in the future. Written consent to having that 20 -foot -wide public utility easement located entirely on the northern 20 feet of that 40 -foot -wide area to be vacated has been obtained from the owners of the two properties to the north and is included in the record as Exhibit G-3. 6) Fair Market Appraisal and Compensation to the City. Compensation to the City is not required under Subsection 1(C) of City Resolution #R-2007-126 because the City has neither purchased, maintained nor made any improvements to the rights-of-way involved in this vacation request, and no planned or anticipated public purpose exists for maintaining these rights-of-way. CONCLUSIONS Based on the above Findings, the Examiner reaches the following Conclusions:. Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 15 DOC. INDEX # C_5 RECEIVFD MAY 2 2 2008 PLANNING DNIO 1) The Hearing Examiner has jurisdiction by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate public street rights-of-way and to make recommendations to the City Council relative thereto. 2) All public notice requirements for vacation of street rights-of-way have been completed in accordance with the applicable statutory and ordinance requirements. 3) SEPA review was not required because street right-of-way vacations are categorically exempt from SEPA review. 4) A traffic analysis report is not required for the requested vacation of street rights-of-way under the Transportation Capacity Management Ordinance. 5) No properties would be denied access to the public street system as a result of these right-of-way vacations except for properties located within the east 570 feet of the east/west 40-foot-wide unimproved Scenic Drive right-of-way. 6) These requests for public right-of-way vacations do not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 7) The five criteria governing the approval of public street right-of-way vacations have all been satisfied for the requested right-of-way vacations except for the portion of the request relating to the portion of the east/west 40-foot-wide unimproved Scenic Drive right-of-way east of the Johnson property. 8) Fair market compensation to the City is not required in this situation by City Resolution R-2007-126. 9) Upon vacation the vacated 30-foot-wide and 20-foot-wide north/south rights-of-way for the west half of North 74th Avenue as originally configured should belong to the Loveless parcels upon which they are located since the east half of those rights-of-way that were located on the Johnson parcels have been previously vacated by City of Yakima Ordinance No. 2006-54 so as to become a part of those Johnson parcels. 10) In accordance with RCW 35.79.040, upon vacation the vacated east/west 40-foot-wide unimproved Scenic Drive right-of-way areas should belong to the abutting property owners to the north and south of said vacated areas, one half to each, subject to a public utility easement over part or all of said vacated areas as detailed above. Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. RJW Vac #1-08; Petition #08-01 16 DOC. INDEX • • PIECE/DEEP MAY 2 2 a CITY O F 1''A Iitstik PLANNING MIX 11) Upon vacation a -40 -foot -wide public utility easement should be reserved along the north 20 feet of the Johnson property and the south 20 feet of the property to the north so that that entire vacated area will be subject to a public utility easement that will allow for needed separation between the sewerline and waterline planned for that. area. 12) Upon vacation a 20 -foot -wide public utility easement should be reserved in the north 20 feet of the vacated 40 -foot -wide right-of-way area along the south 20 feet of the property to the north of the Loveless property. The public utility easement would be reserved only over the Knutson and Roux properties within that vacated area because their properties, unlike the Loveless property, will need to be served by an extended City sewerline and utilities other than water in the future. RECOMMENDATION The Hearing Examiner makes the following recommendations to the Yakima City Council: 1) That the Yakima City Council approve the petition to vacate the remaining north/south 30 -foot -wide and 20 -foot -wide public street right-of-way for the original configuration of the west half of North 74th Avenue north of West Englewood Avenue. The legal descriptions provided with the petition are set forth above. Upon vacation the vacated property will properly become a part of the Loveless parcels upon. which they are located since the east half of said right-of- way has previously been vacated and has become a part of the Johnson parcels upon which they were located. 2) That the Yakima City Council deny the petition to vacate the east/west 40 -foot -wide unimproved Scenic Drive right-of-way east of the Johnson property which is about 570 feet long because vacation of that public street right-of-way would deny sole access to properties located there. 3) That the Yakima City Council approve the petition to vacate the east/west 40 -foot -wide unimproved Scenic Drive right-of-way over the north 20 Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 17 DOC. INDEX 11Z RECEIVED MAY 2 2 jvj CITY OF YAK PLANNING 0110 feet of the Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long and reserve therein a 40 -foot -wide public utility easement in that entire vacated area. The vacated area upon its vacation will be owned, subject to said public utility easement, one half by the adjoining property owner(s) to the south and one half by the adjoining property owners to the north. 4) That the Yakima City Council approve the petition to vacate the westernmost east/west 40 -foot -wide unimproved Scenic Drive right-of-way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north/south right-of-way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north and reserve therein a 20 -foot - wide public utility easement over the north 20 feet of said vacated public right-of- way area. The vacated area upon its vacation will be owned one half by the adjoining property owner(s) to the south and one half by the adjoining property owners to the north. The south 20 feet of the Knutson and Roux properties will be subject to a public utility easement and the north 20 feet of the Loveless property will not be subject to such an easement since only the properties to the north will require the extension of the City's sewerline in the future and since there will be no Nob Hill Water Association waterline within that portion of the vacated area. DATED this 22nd day of May, 2008. Larry Loveless & Charles Johnson Vacation of Street Rights -of -Way No. of N. 74th & W. Englewood Ave. R/W Vac #1-08; Petition #08-01 18 Gary M. Cuillier, Nearing Examiner DOC. INDEX # C-5 • ORDINANCE NO. 2006 — 54 AN ORDINANCE relating to land use,.vacating a certain portion of street right-of-way identified as a portion of an undeveloped street right-of-way lying along the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page 81, records of Yakima County, Washington described as follows: Beginning at the Northwest corner of said Tract 37; thence South, along the West line of said Tracts 37 and 44, 810.20 feet; thence West 20 feet; thence North, 810.20 feet; thence East 20 feet, to the Point of Beginning. WHEREAS, by application dated March 10, 2006, J&R Enterprises requested a vacation of a portion of an undeveloped platted City of Yakima right-of-way running north and south along the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this undeveloped platted right-of-way; and WHEREAS, J&R Enterprises, the applicant/petitioner for this right-of-way vacation, has obtained three of the four signatures of property owners abutting the property subject to this vacation application in support of the proposed vacation; and WHEREAS, on October 11, 2006 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO R/W VAC #1-06, (the "recommendation") recommending that a portion of the undeveloped platted street right-of-way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, at a closed -record public hearing held on November 7, 2006, the City Council considered the requested right-of-way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of DOC. INDEX Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, no compensation to the City is necessary for this right-of-way vacation because the City has neither purchased, maintained nor improved the portion of the undeveloped platted street right-of-way proposed for vacation; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right-of-way vacation, Now Therefore, BE IT ORDAINED BY THE CITY OF YAIA: Section 1. A portion of the undeveloped platted street right-of-way running north and south along the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The fmdings, conclusions and conditions within the October 11, 2006 Hearing Examiner's Recommendation (UAZO R/W VAC#1-06) regarding this right-of-way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support thereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right-of-way vacation granted by this ordinance is expressly conditioned on J&R Enterprises' satisfaction of the following conditions, as stated on page 11 of the Hearing Examiner's Recommendation: a: The applicant submit the legal description of the area to be vacated that has been prepared by its surveyor to the Planning Division prior to the City Council's consideration of this recommendation. b. That Mr. Loveless submit a title report confirming his ownership of parcel #181317-34426 formerly owned by the Vander Houwen family to be served by the new access through the revised plat of Englewood West prior to the City Council's consideration of this recommendation. Section 4. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. DOC. INDEX • Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCJL at a regular meeting and signed and approved this 7th Day of November , 2006. /s/ DAVID EDLER David Edler, Mayor AIlEST: SI Deborah J. Moore City Clerk Publication Date: 11-10-2006 Effective Date: 12-10-2006 DOC. 7INDEX rscC IVr•-"D MAR I Q 2006 CITY OFA., LEGAL DESCRIPTION OF RIGHT OF WAYS REQUESTED TO BE VACATED.PL ANN(:4G 1. That portion of the right of way lying between Tracts 28 and 37 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as•recorded in Volume "E" of Plats, page 31, records of Yakima County, Washington, described as follows: Beginning at the Northwest corner of said Tract 37; thence East, along the North line thereof 462 feet; thence North 40 feet, to the South line of said Tract 28; thence West, along the South line thereof, 462 feet; thence South 40 feet to the Point of Beginning. 2. All that right of way lying between Tracts 37 and 38 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page 31, records of Yakima County, Washington, AND extending to the South line of Tracts 27 and 28 in said subdivision, described as follows: Beginning at the Southwest corner of said Tract 37; thence North, along the West line thereof and said West line extended, to the South line of said Tract 28; thence West, along the South line of said Tracts 28 and 27, 40 feet; thence South, along the East line of said Tract 38 and the Northerly extension of said line, to the Southeast corner thereof; thence East 40 feet to the Point of Beginning. 3. That portion of the right of way lying between Tract 44 in the Plat of YAKI?vIA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page 31, records of Yakima County, Washington, AND Lots 2 and 3 in Short Plat No. 81-181 recorded under Auditor's File No. 2630340 AND Lot 2 in Short Plat No. 81- 62 recorded under Auditor's File No. 2615549 records of Yakima County, Washington described as follows: Beginning at the Northwest corner of said Tract 44; thence South, along the West line thereof 350 feet; thence West, 50 feet, to the East line of said Short Plat 81-62; thence North, along said East line and the East line of said Short Plat 81-181, 350 feet to the Northeast corner of Lot 2 in said Short Plat 81-181; thence East 50 feet to the Point of Beginning. 1 D00. . INDEX # c -q • • • Mr ARi MI IV I H' COMM UNITY, AND ECONOMIC DET -^GOPMENT William R. Cook, Jirector Doug Maples, CBO, Code Admin. and Planning Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 Fax (509) 575-6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On October 11, 2006 the City of Yakima Hearing Examiner rendered his recommendation on a UAZO R/W VAC #1-06 & Petition #6-06 submitted by J&R Enterprises 11 East 1St Street Suite 3 Selah, Washington. The Applicant is requesting to vacate a portion of North 74th Avenue Right -of -Way North of Englewood Avenue, in Yakima, Washington. The application was reviewed at a public hearing held by the Hearing Examiner on August 24, 2006 and again on October 9, 2006. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Vaughn McBride, Community Development Specialist at (509) 576-6315 at the City Planning Division. Doug Maples Code Administrator & Planning Manager Date of mailing: October 12, 2006 Enclosures: Hearing Examiners Recommendation www.ci.yakima.wa.us DOC. INDEX # e-3 Yakima MT mar 1994 City of Yakima, Washington Hearing Examiner's Recommendation October 11, 2006 In the Matter of an Application for Vacation ) Of Street Right -of -Way Submitted by: J & R Enterprises To Vacate a Portion of North 74th Avenue Right -of -Way North of Englewood Avenue R EC 1VED OCT 1 1 ; (;r II CITY,, GF Y�.K6s4, PLANNING DI V. ) UAZO R/W VAC # 1-06 ) Petition # 6-06 ) ) ) ) Introduction. The chronology of the hearing process relative to this request to vacate public right-of-way on North 74th Avenue north of Englewood Avenue can be summarized as follows: 1) The Hearing Examiner conducted a hearing on August 24, 2006. After the Petitioner's representative, Chuck Johnson, withdrew his support of his own petition at the hearing due to the opposition of property owners abutting a portion of the west side of the right-of-way in question, the Hearing Examiner announced at the hearing that under the circumstances he would be recommending denial of the requested right-of-way vacation. 2) On the tenth business day after the August. 24, 2006 hearing, the Examiner was provided a copy of a letter dated September 8, 2006 from Paul Williams, attorney for property owners abutting part of the west side of the subject right-of-way, to Supervising Planner Bruce Benson requesting that the record be reopened to add additional information regarding a possible resolution of access issues that appeared to be nearing completion. The Hearing Examiner was open to changing his announced negative recommendation if the access issues comprising J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 1 DOC. INDEX • the basis for the opposition of abutting owners could be resolved because that would dispense with the need for a remand from the City Council to take additional testimony or the need for processing a new petition due to that change in circumstances. Because of the time, expense and effort that would be saved if in fact such a resolution were reached between the petitioner and other abutting owners that would warranta favorable recommendation, the Hearing Examiner after discussion with Mr. Williams and Mr. Benson issued an Interim Decision dated September 8, 2006 requesting that the Planning Division notify the parties of record of a reopened hearing in this matter on September 14, 2006 to hear argument from any and all interested parties on the following issues: 1) Whether the record should be reopened for admission at the hearing on that date of a binding written agreement between the petitioner and the other abutting property owners who have expressed opposition to this petition which satisfies the access requirements of the City for their respective properties? 2) Whether the record should also be reopened for admission at the hearing on that date of testimony supporting a favorable rather than negative recommendation to the Yakima City Council regarding this right- of-way vacation request due to the changed circumstances resulting from such agreement? After hearing argument from those present, the Hearing Examiner did reopen the record to allow a 3 -page submittal to be included in the record. Two pages of that submittal consisted of a letter dated September 11, 2006 from Mr. Larry M. Loveless to the attention of Mr. Chuck Johnson of J & R Enterprises with a map explaining and showing in rough fashion a proposed form of alternate access to the Vander Houwen property that would allow for a favorable recommendation to the City Council as to vacation of a portion of the existing City right-of-way for North 74th Avenue north of Englewood Avenue. The third page of the submittal was a letter dated September 14, 2006 from Mr. Chuck Johnson to Mr. Larry J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 2 DOC. INDEX Loveless agreeing to the terms of the offer so long as Mr. Loveless would bear costs associated with the alternate access and utilities from the Englewood West plat to the Vander Houwen property in a timely manner. Those submittals were admitted into the record as Exhibits I-8, I-9 and I-10. 3) Mr. Paul Williams and the Vander Houwen family members requested that a favorable recommendation to the City Council not be made on this request unless and until J & R Enterprises modified its plat so as to show the road dedication for satisfactory alternate access on the plat and unless and until Mr. Loveless closed his agreement to purchase the Vander Houwen property. The Examiner agreed to delay his recommendation on this matter until those conditions were satisfied. 4) On September 29, 2006 the Examiner received information from the Planning Division indicating that the satisfaction of those conditions in a manner satisfactory to the City may be forthcoming and that the hearing should be continued on October 5, 2006 to determine whether the conditions have been met and whether a favorable recommendation should be issued for consideration by the City Council at its October 17, 2006 meeting. The Examiner issued a second interim decision requesting notice of that continued hearing be given. Mr. Benson, Mr. McBride and Mr. Cutter were present on October 5, 2006 and indicated that the conditions were not yet satisfied, but probably would be satisfied before October 9, 2006. The hearing was therefore continued to October 9 to determine then if the conditions for a favorable recommendation were satisfied. 5) At the hearing on October 9, 2006, Mr. Loveless testified that his purchase of the Vander Houwen property had closed, that he had procured an agreement with a neighboring property owner for property needed for the alternate access and that Mr. Johnson had agreed to allow access to the Loveless property that was acceptable to him through, a portion of the Englewood West plat. Mr. Loveless submitted a copy of the portion of the plat of Englewood West that J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 3 DOC. INDEX • • • showed revisions for access to the Vander Houwen property which Mr. Johnson had had prepared and a letter to Mr. Johnson dated October 6, 2006 detailing their understanding. Although that letter is probably intended to state that the property west rather than east of Lots 20 and 21 would be deeded to Mr. Loveless, Mr. Johnson expressed agreement with the revisions in .the . plat of Englewood West and the terms set forth in Mr. Loveless' letter. They were admitted into evidence as Exhibits I-12 and I-13 respectively. Mr. Benson indicated that the City believes that these revisions to the plat of. Englewood West are a good solution to the access problems that otherwise would exist and recommended approval of the request to vacate the eastern 20 feet of the North 74th Avenue right-of-way from the north side of the new access for the Loveless property to the northern boundary of the Englewood West plat with the understanding that the entire 20 feet would become part of the property in that plat from which that right-of-way originated and subject to the condition that prior to the City Council's consideration of this recommendation Mr. Loveless would submit a title report confirming for the record that he has become the owner of the Vander Houwen property and Mr. Johnson would submit his surveyor's legal description for the property to be vacated north of the new access to the Loveless property. The Examiner indicated that he would recommend favorable consideration of this request by the City Council for that portion of the right-of-way on those conditions. Summary of Recommendation. The Hearing Examiner recommends approval of this request for vacation of the portion of the east 20 feet of the North 74th Avenue right-of-way north of the new access for the Loveless property through the plat of Englewood . West on the condition that the area to be vacated is legally described by the surveyor for J & R Enterprises and the title report confirming J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 4 DOC. INDEX # C-3 ownership of the Vander Houwen property in Mr. Loveless is submitted prior to the City Council's consideration of this recommendation. Basis for Recommendation. Based upon a view of the site without anyone else present on August 23, 2006; the staff report, exhibits, testimony and evidence presented at an open record public hearing that was commenced and continued from August 24 to September 14 to October 5 to October 9, 2006; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the Hearing Examiner makes the following: FINDINGS Applicant. The applicant is J & R Enterprises, 7300 West Englewood Avenue, Yakima, Washington 98908. Location. The location of the proposed vacation of the east 20 feet of the North 74th Avenue right-of-way is north from the north edge of the new access for the Loveless property to the north boundary of the Englewood plat as shall be legally described by the surveyor for J & R Enterprises. Notices. The Yakima City Council set August 24, 2006 as the date for the public hearing regarding this request for vacation of right-of-way by Resolution No. R- 2006-75 on August 1, 2006 in accordance with RCW 35.79.010. Notices were given more than twenty days before the hearing. Notice of the hearing was posted on the right-of-way to be vacated, was posted in three public places and was J & R Enterprises 5 Vacation of Street Right -of -Way North 74th Ave. n. of Englewood DOC. R/W Vac #1-06; Petition 46-06 INDEX # C-3 • • • • • • mailed to all owners abutting the street rights-of-way to be vacated as required by RCW 35.79.020. Notice also was given in addition to the minimum legal requirements. Notice of the hearing was given as follows: Posting of notice on property: Mailing of notice to property owners: Publishing of notice in newspaper: Posting of notice in three public places: May 5, 2006; verified August 1, 2006 May 5, 2006 & July 19, 2006 May 5, 2006 & July 19, 2006 May 5, 2006 & August 1, 2006 Environmental Review. Street vacations are categorically exempt from SEPA review in accordance with WAC 197-11-800(2)(h) and Chapter 6.88 of the Yakima Municipal Code. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance. Background. Public records indicate that the right-of-way proposed for vacation was dedicated in 1907 by the Plat of Yakima Orchard Highlands Co.'s Orchard Tracts recorded in Volume "E" of Plats, Page 31, records of Yakima County, Washington. Without an access through the plat of Englewood West, the Loveless property to the west which is parcel #181317-34426 would need the right-of-way for access to a proposed subdivision on that property that is being processed by Yakima County. Zoning and Land Use. The applicant's property adjoining the subject right-of- way is in the Single -Family Residential (R-1) zoning district and is being developed as a single-family residential subdivision that would utilize the vacated J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 6 DOC. INDEX # e-3 area as part of the lots along the west side of the subdivision. Adjacent properties have the following characteristics: Direction Zoning Land Use North SR/R-1 Ag/Residential South R-1 Residential East R-1 Residential West SR/R-1 Ag/Residential Development Services Team. A Development Services Team meeting was held on April 4, 2006 to discuss the possible impacts of approval of the requested right-of-way vacation. The comments included the following observations: (i) Engineering Division: The slope of the property proposed for vacation would be no greater than 15%. If the right-of-way is vacated without an alternate means of access for Parcel #181317-34426, it could effectively be landlocked because the only other access from Scenic Drive has significant slope problems. The Engineering Division recommended denial of the vacation request unless impairment of access to nearby properties can be avoided. (ii) Wastewater Division: There were no wastewater concerns regarding this project. The nearest sewer manhole is located at the proposed entry to the subdivision at 74th Avenue and Englewood. (iii) Stormwater Engineering: The City cannot vacate the above mentioned road right-of-way unless another access is provided to Parcel #181317-34426 through the Englewood West development. To extend a road west of the proposed new alignment of North 74a' Avenue would resolve this issue. (iv) Traffic Engineering: The, American Association of State Highway & Transportation Officials (AASHTO) recommends designing for as flat a street as possible. Where adjacent sidewalks are present, a maximum grade of 5% is recommended to meet ADA requirements. - AASHTO's recommended maximum grades for urban collectors specifies a maximum grade of 9% for a design speed of 25 mph for level terrain, 12% for rolling terrain and 14% for mountainous terrain. At present there are several streets within the City that exceed 14% slope such as Fechter Road, North 66th Avenue, Englewood Avenue and Pecks Canyon Road. (v) Nob Hill Water: Nob Hill Water does not occupy any portion of this right-of-way and does not see the need to do so in the future. The plat is already covered by fire hydrant service with an existing hydrant at the northwest corner of the development. J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 DOC. INDEX # C-3 • • • • • Criteria for the Vacation of Street Rights -of -Way. City policy provides the following specific criteria to be considered in determining the propriety . and requisites of street right-of-way vacations: 1. Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed vacation would allow the development of right-of-way areas as part of the applicant's residential lots in the Englewood West plat. The plat will benefit the public by providing infill of this vacant property by development of a residential subdivision. The vacation of the right-of-way will allow the lots to be larger than otherwise. The topography of the terrain precludes the practical use of the right-of-way recommended for vacation as access, and the property to the west can be better accessed by connecting with the realignment of North 74' Avenue within the plat of Englewood West. 2. Necessity for the Right -of -Way as Access to. Property. With the revision of the Englewood West plat so as to provide access to the Loveless parcel to the west, approval of the request would not eliminate the sole means of access to any parcel of property. 3. Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The subject right-of-way is currently undeveloped and is not included in the City's Six Year Transportation Improvement Plan. There are no ,plans for improvement of the right-of-way in any of the City's plans or policies. 4. Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. Although street rights - J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 8 DOC, INDEX # 3. of -way are not zoned, upon their vacation they are zoned the same as the contiguous property. The applicant's proposed residential subdivision is in the Single -Family Residential (R-1) zoning district. Use of the vacated area to increase the size of residential lots that would be permitted outright as a Class (1) use on the property would be compatible with zoning and long range plans for this area because infill is encouraged within the City limits. Furthermore, all of the street right-of-way recommended for vacation should be allowed to be used for the applicant's Englewood West residential lots. Since all the property to be vacated was originally part of the Plat of Yakima Orchard Highlands Co.'s Orchard Tracts now owned by the applicant, it all should be returned to that plat which has now been altered into the Englewood West plat. The following general provision of RCW 35.79.040 should not be applied in this case: "35.79.040 Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each." Since here the property to the west of the right-of-way to be vacated is also right- of-way, the effect of applying this general statute would be to allow 10 rather than 20 feet of the right-of-way to be vacated. Since all the east 20 feet of the subject street right-of-way dedicated in 1907 were originally a part of the Plat of Yakima Orchard Highlands Co.'s Orchard Tracts without any contribution from adjacent properties, the following provision of RCW 35.79.212 relative to the vacation of a portion of a subdivision should apply here by analogy because that original plat is being replaced by the plat of Englewood West: "When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision." J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 9 DOC. INDEX # C_3 • • 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. No existing public or private utilities or other improvements are located within the right-of-way areas proposed for vacation. 6. Fair Market Appraisal and Compensation to the City. Compensation to the City is not required under City Resolution D-5630 because the City has neither purchased, maintained nor made any improvements to the portions of the right-of-way recommended for vacation, and no planned or anticipated public purpose exists for maintaining this right-of-way area. CONCLUSIONS 1. The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate streets and public rights-of-way and to make recommendations to the City Council relative thereto. 2. All public notice requirements for a street vacation have been completed in accordance with applicable statutory and ordinance requirements. 3. SEPA review was not required because street right-of-way vacations are categorically exempt from SEPA review. 4. A traffic analysis report is not required for the requested right-of-way vacation under the Transportation Capacity Management Ordinance. 5. No properties will be denied access to the public street system as a result of this vacation. 6. This request for vacation does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 10 DOC. INDEX 7. The five criteria governing the approval of right-of-way vacations have all been satisfied. 8. Fair market compensation to the City is not required in this situation by City Resolution D-5630. 9. Since the dedicated right-of-way originally was a part of the platted property now owned by the applicant, all of the vacated property should become a part of applicant's property rather than be shared with adjacent properties. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the portion of the east 20 feet of the North 74th Avenue right-of-way north of the new access for the Loveless parcel #181317-34426 through the plat of Englewood West SHOULD BE VACATED so that title to the entire easterly 20 -foot width of said portion of right-of-way is vested in the applicant who now owns the portion of the plat where all of the vacated street right-of-way originated without any contribution from adjacent properties, subject to the following conditions: 1) That the applicant submit the legal description of the area to be vacated that has been prepared by its surveyor to the Planning Division prior to the City Council's consideration of this recommendation. 2) That Mr. Loveless submit a title report confirming his ownership of parcel #181317-34426 formerly owned by the Vander Houwen family to be served by the new access through the revised plat of Englewood West prior to the City Council's consideration of this recommendation. DATED this 116 day of October, 2006. J & R Enterprises Vacation of Street Right -of -Way North 74th Ave. n. of Englewood R/W Vac #1-06; Petition #6-06 Gary M. Cuillier, Hearing Examiner 11 DOC. INDEX # C,3 • • RESOLUTION NO. R-2006- 08 A RESOLUTION granting conditional preliminary plat approval for the Englewood West Preliminary Plat. WHEREAS, on November 2, 2005, the Hearing Examiner held an open record public hearing to consider an application for an eighty -lot subdivision located near the 7200 block of Englewood Avenue east of North 74th Avenue submitted by Chuck Johnson of J&R Enterprises, City No. UAZO Preliminary Long Plat #2-05 and EC# 17-05; and WHEREAS, on November 17, 2005, the Hearing Examiner issued his Examiner's Recommendation (referred to herein as the "Recommendation"), recommending approval of the Application subject to several stated conditions; and WHEREAS, the proposed Application 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 January 3, 2006, after notice duly given according the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation and instructed the City's legal staff to prepare a resolution reflecting the same; and WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the Applications; and WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution. Page 1 DDC, INDEX Section 2. Incorporation of Hearing Examiner's Recommendation and Condition of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision of approval of the Application herein. A copy of the Recommendation is attached hereto as Exhibit A and incorporated herein by this reference. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner's Recommendation as its own findings herein, and further finds that the requirements of RCW 58.17.110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 17th day of January , 2006. ATTEST: /S/ KkREN S. ROBERTS City Clerk Page 2 /S/ DAVID IDLER David Edler, Mayor DOC. INDEX # C-dp • Table ES -2 Summary of Recommended Actions Structural, Non -Structural, Regulatory, Study Issues Addressed Setback of the levees downstream of SR 24 should not occur until the WWTP's ability to continue to discharge is assured. LR5 Structural Actions Reconfigured levees upstream of SR24 should tie into the new SR 24 bridge abutments. On the east side of the river, levee setback would begin upstream of the Old Moxee bridge and continue to the SR 24 alignment. LR5 Remove the western Old Moxee bridge abutment, located upstream of new SR24 alignment. LR5 LR5 Levees Downstream of SR24, on the east side of the river will be set back to allow the incorporation of the Newland Pits into the floodplain. The levee should be located west of Blue Slough for a distance of approximately 2,300 feet south of SR 24, then crossing the slough and continuing downstream. Levees Downstream of SR24 on the west side of the river, currently protecting Yakima WWTP should be repaired to ensure protection of the WWT1 itself and maintain the ability of the City of Yakima WWTP to continue to discharge in conformance with state law. LR5 UR5, MR2, 'Flee opportunity exists at the Beech Street Pit location for widening of the channel and improving (for sediment transport) the configuration of the levee system by setting back the levee opposite from the pit and this action should be taken. Spur dikes and additional bank protection are recommended along the Beech Street levee to reduce levee erosion. Spur dikes recently installed at the East Selah Gravel Pit should be monitored during flood events to ensure that they are protecting 1-82 and the East Selah Pit levee. To reduce the potential for avulsion or levee failure at the Buchanan Lake/Beech Street Pit over the long term (i.e., in approximately 15-20 years or sooner if possible), the existing Terrace Heights bridge should be modified to improve sediment transport and reduce the concentration of energy downstream, especially against the levee that protects the Beech Street Pit. UR5, MR2, UR5, MR2, LR3 Existing Gravel Mining Sites: Due to the location of the East Selah Gravel Pit, large flood events will continue to affect the property in this area. Following gravel extraction, long-term modifications should include a levee designed to overtop during large flows. The Flood Control Zone District should work with BIA, BOR, and other interested parties in replacing or modifying Wapato Dam to pass bedload and fine sediment. The levees at Union Farms also act as a choke point in this section of the river forcing the river against I-82, and taking a fairly large amount of floodplain surface out of the active floodplain. Removal of these levees would relieve the pressure against 1-82 and lower flood elevations by allowing the river to expand across a larger floodplain. 1..R3 The WSDOT should construct barbs similar to the existing downstream barbs to protect I-82. The Spring Creek gate should he reinforced to prevent failure during a future flood event or avulsion caused by pit capture. A new channel for Spring Creek (approximately 550 feet in length) should be constructed outside of the 1-82 clear zone, with fish habitat elements installed in this new channel. LR7 Retirement of the Fruitvale Diversion and Consolidation with the Current Nelson Dam Diversion NA1 Implementation of Bank Protection on US Highway 12 at the 16th Avenue Exit. NA1 Based on the county -wide road closure database, prioritize roads requiring flood damage mitigation. RW12 RW3, LR1, UR1 The County should implement bank protection projects following established guidelines (e.g., King County 1993 or ISPG, 2003), modified for Yakima County. The following are recommended to address operations and maintenance issues: Consolidate maintenance requirements into one document following the steps outlined above Adopt a policy requiring all new flood -control projects to define maintenance responsibilities and a funding source for operations, RW16 ES -8 • • ... EXECUTIVE SUMlviARY Table ES -2 Summary of Recommended Actions maintenance, and repairs before acceptance by the County Continually update and maintain a flood control facility inventory database to document the current condition of each flood control facility. Rebuild the existing Greenway pathway levee to pre -flood conditions; however, install additional embankment protection by applying bean" riprap in the highly erosive areas. MR6 Study Issues Addressed In addition, an inventory of the existing structural adequacy and capacity of all levees that protect existing floodplain mines and pits should be undertaken. UR5, MR2, Develop a high water elevation database to evaluate changes in river channels LR3 Obtain additional high water elevations throughout the floodplain resulting from the February 9, 1.996, flood RW1 RW1 Obtain accurate topographic data throughout the floodplain specifically for the left bank levee and floodplain downstream of the SR 24 bridge, 1-82, and the floodplain near East Selah Once this data is obtained, a new hydrologic and hydraulic analysis should be performed to FEMA standards, this will allow the design of the facilities specified above in issue LR5, and shorten the time needed to amend the FEMA maps after implementation of those actions. RW1 Request that FEMA produce a digital floodplain map that combines all jurisdictions and reflects recent data for use in the County's G1S. RW1 Given the long-term nature of this type of flood hazard (channel migration, sediment accumulation, erosion), a study to determine these values and to monitor sediment transport and energy should be implemented. RW20 The County, WDFW, and the Yakama Indian Nation should identify and specifically list fish habitat enhancement areas RIA72, MR8 RW15 RW15 Assemble GIS coverages documenting closed and damaged roads from historic flood events discussed in the CFI -IMP Obtain flood damage G1S coverages for recent and historical floods as they become available from FEMA The County should hire a public education officer to manage a public education and CRS program RW18, RW7 Non -Structural Actions ( Flood Fight) Issues Addressed During flood events posing risk, formalize procedures for dispatching field teams and volunteers to critical locations along rivers and creeks to manually collect real-time river information Finish compiling time delays from the BOR in flood peaks between locations along the Yakima River for various flood magnitudes Continue reviewing and compiling information on past flood events to create a database that correlates road closures with river stage and discharge Develop and communicate to the public a policy on sandbag distribution during flood events (use periodic public outreach methods to reiterate this policy). Develop a flood inundation map for distribution to the public l -time, automatic gauging stations within the upper watershed of tributary creeks' Create a Community Alert Network for use at the EOC W19 Non -Structural Issues ES -9 Upper Yakima River Comprehensive Flood Hazard Management Plan ... Table ES -2 Summary of Recommended Actions Addressed (Funding) Review the adeec uacy of dedicated funds versus projected costs. RW13 Actively pursue state and federal grant programs to supplement funding provided by flood control district (see Tables 9-1 and 9-3, in Chapter 91. RW13 Adopt a funding policy similar to polices developed in Plan 2015. RW13 RW13 Investigate the value and need for sub -zones within the FCZD. Provide direction and support to secure funding for Large scale actions which involve cooperation across jurisdictions and agencies RW13 County should provide guidance in designing private bank protection projects. RW3, LR1, UR1 Limit development in rapid channel migration areas by promoting the Open Space Taxation Program in a public awareness campaign (see issue RW10—Acquisition/Preservation of Floodplain Open Space). RW3, LR1, URI RW3, LR1, UR1 Adopt and enforce design standards, such as onsite detention, to limit or mitigate increased erosion potential resulting from new development. The County should submit a letter of intent for participation in the COE 1135 program to obtain funding for fish habitat restoration consistent with flood protection within the plan river reaches. RW2, MR8 RW17 RW1.0 The County should pursue funding through the Reigle Community Development and Regulatory Improvement Act, Robert T. Stafford Disaster Relief and Emergency Assistance Act, Flood Control Assistance Account Program (FCAAP), Pre -Disaster Mitigation (PDM) progain, and Hazard Mitigation Grants Program (HMGP). The County should continue to operate and promote the Open Space Taxation Program. Pursue funding through state and federal programs to purchase high -hazard floodplain properties or development rights for open space use. RW10 The County should enroll in the CRS using a "short form" (Appendix E of the CRS Coordinator's Manual). RW18, RW7 The County should submit the full set of required documentation to update its CRS rating following adoption of the CH -IMP. RW18, RW7 Establish a maintenance budget for Greenway facilities. MR6 Non -Structural (Regulatory) Issues Addressed UR5, MR2, LR3 LR3 RW1 Future Gravel Mining Sites: Development of future gravel extraction sites in the floodplain of the Yakima River and Naches River will be driven by the Yakima County Comprehensive Plan Adopt and follow the proposed Plan 2015 County policy for management of the riverine environments. Add compensatory storage requirements to the County's CAO. Revise base flooclproofing and elevation building standards based on February 9, 1996, high water data. Require disclosure of floodplain status in the subdivision ordinance for all newly created parcels. RW6 Sections 5.28.020(1)(a), 5.28.020(2), and 5.28.020(3) of the County's CAO should be revised to require all new construction and substantial improvement, regardless of intended land use, to he elevated or floodproofed. RW4, RW5 RW4, RW5 CAO Sections 5.32.010(2) and 5.36.010(2) pertaining to requirements for siting utility lines in the floodway fringe and floodway should be consolidated within Section 4.14 pertaining to siting of utilities in I1RCAs. ES -10 • • ... EXECUTIVE SLJMtvIARY Table ES -2 Summary of Recommended Actions RW4, RW5 CAO Section 536.010(1) should be deleted. A new CAO Section 5.28.010(d) should be added as follows:. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base flood plain RW4, RW5 RW4, RW5 The County should determine if each jurisdiction's shoreline ordinance requires mitigation similar to zero -rise methods for the area within 100 feet of the OHWM or floodway. If so, language from the shoreline ordinances should be repeated in each jurisdiction's flood hazard ordinance. If not, Yakima County CAO Section 5.28.010(a)(3) should be replicated in each jurisdiction's ordinance City jurisdictions should integrate flood hazard items included in the County's CAO. RW4, RW5 Apply design standard of the Greenway Master Plan during Class 2 review of developments within floodplain or Greenway overlay zones. i RW10 RW10 Extend Greenway overlay zoning beyond the Yakima Urban Area within conservation, recreation, and natural areas designated in the Master Plan. Obtain from FEMA the best available digital flood hazard map that meets the objectives listed below: Accimucy: Establish definitive and accurate representations of the floodway, 100 -year floodplain, Special Flood Hazard Areas (SFHAs), and Base Flood Elevations (BFEs) Completeness: Ensure that all of the items listed above are present in the GIS database and that the database includes all jurisdictions within Yakima County Accessibility: Enhance the County's ability to perform floodplain determinations, measure areas of SFHAs, determine BFEs of specific locations, and realize time savings in the permit process Community Review: Ensure that sufficient local review of flood hazard information has occurred prior to release of that data for public use. RW15 OSA1 Issues Addressed The CountEshould adopt a Comprehensive Stormwater Management Plan to reduce localized floodin in the Yakima urban areas Non -Structural (Regulatory, Education) Construct a.G1S permit review tool. RW15 Continue Standard GIS data updates. RW15 Structural, Non -Structural (Funding, Flood Fight, Education) Issues Addressed The following are recommended to minimize damage to Greenway and Elks Golf Course facilities: Floodproof repetitively damaged structures by moving them to a higher elevation or installing flood walls or sealant Rebuild Greenway pathways to higher design standards such as using more erosion -resistant embankment protection Establish a maintenance budget to provide funding for the repair of inevitable future flood damage to roadways, pathways, and the Elks Golf Course Establish flood response teams to remove temporary structures prior to a impending flood event Educate Greenway users about flooding by installing interpretive signs near damaged sites that describe floodplains, floodways, effective floodplain management, and how various actions can aggravate flooding and flood damage Continual monitor cumulative effects of development in the area to limit the potential of aggravating flood damage. MR7, UR3, UR4 ES -11 • DEPARTMENT 6. JOMMUNITY AND ECONOMIC DEV,_ PMENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager t www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On November 17, 2005 the Yakima Hearing Examiner rendered his recommendation on the Preliminary Long Plat application submitted by J & R Enterprises. The applicant proposes an 80 -lot subdivision to be known as the Plat of Englewood West. The subject property is located in the vicinity of 7200 Englewood Avenue, Yakima, Washington. The application was reviewed at a public hearing held by the Hearing Examiner on November 2, 2005. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a Public Hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Vaughn McBride, Community Development Specialist, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 576-6315. Doug Maples Planning and Code Administration Manager Date of mailing: November 21, 2005 Enclosures: Hearing Examiner's Recommendation Preliminary Plat and Vicinity Map Yakima DOC. INDEX i��l CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION November 17, 2005 In the Matter of a Preliminary Plat Application Submitted by: J & R Enterprises, Chuck Johnson For an 80 -Lot Subdivision to be known As the Plat of Englewood West in the Vicinity of 7200 Englewood Avenue RECEIVED NOV 1 7 2005 CITY OFY� PLANNING LONG PLAT #2-05; EC #17-05 Introduction. The Hearing Examiner conducted a public hearing on November 2, 2005 and has issued this decision within ten business days. The staff report presented by Community Development Specialist Vaughn McBride recommended approval of the preliminary plat with conditions. The applicant, Mr: Chuck Johnson of J & R Enterprises, and his representative, Mr. Richard Wehr of PLSA Engineering and Surveying, supported the staff recommendation and answered questions of Jenny Snyder and Mark Snyder who were primarily concerned about surface water drainage from the proposed preliminary plat and issues related to an eight -lot subdivision south of Englewood Avenue which the applicant has sold to another developer. Supervising Planner Bruce Benson answered a question about an existing public right-of-way that runs east from the north boundary of the proposed preliminary plat and Mr. McBride indicated that the issues related to the previous plat are being discussed with the applicant. During the SEPA comment period, one comment letter was received expressing concern about the hazards caused by increased traffic at intersections in the J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 1 • DOC. INDEX # e,� • • • area and another comment letter expressed concern about increased traffic on Englewood Avenue, possible chemicals in the soil from past agricultural uses, elimination of an irrigation pond used by ducks in the spring and fall, the inventory of existing wildlife and possible effects on views. This recommendation is based upon the recommendations in the staff report and upon the conditions of the SEPA MDNS which address the statutory criteria for review of this proposed preliminary plat. Summary of Recommendation. The Hearing Examiner recommends approval of this proposed preliminary plat, subject to the conditions recommended by the Planning Division which include the conditions in the SEPA MDNS. Basis for Decision. Based on a view of the site with no one else present on November 2, 2005; the staff report, exhibits, testimony and other evidence presented at the open record public hearing on November 2, 2005; and a consideration of the applicable subdivision requirements, zoning requirements, comprehensive plan provisions, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS Applicant. The applicant is J & R Enterprises, Chuck Johnson, 11 East 1st Avenue, Suite 3, Selah, Washington 98942. Location. The proposed preliminary plat is located in the vicinity of the 7200 block of Englewood Avenue in the City of Yakima to the east of North 74th Avenue; parcel nos. 181317-34427 and 181327-43430. J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 2 DOC. INDEX # C,/ Application. This proposed .preliminary plat would divide about 28 acres into 80 single-family residential lots. Notices. The evidence presented at the hearing indicated that all notices were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC) relating to subdivision, zoning and development regulations. They include the following: Mailing of Notice of Application & Preliminary MDNS Publication of Notice of Application & Preliminary MDNS Posting of Land Use Action Sign on the Property Mailing of Notice of Final MDNS Publication of Notice of Final MDNS Mailing of Notice of 11/2/05 Public Hearing Publication of Notice of 11/2/05 Public Hearing August 5, 2005 August 5, 2005 August 5, 2005 September 26, 2005 September 26, 2005 October 13, 2005 October 13, 2005 Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsignificance (MDNS) on September 26, 2005 pursuant to WAC 197-11-355 which included extensive mitigation measures related to stormwater drainage and retention, soil erosion control, public infrastructure, traffic engineering and concurrency and irrigation water which will be recommended conditions of this proposed preliminary plat. Transportation Concurrencv. The Traffic Capacity Analysis completed on October 4, 2005 approved this application for consistency with the City's Transportation Capacity Management Ordinance in Chapter 12.08 of the Yakima Municipal Code. It was determined that this development will not exceed the PM peak hour capacity of the City Arterial street system and that reserve capacity exists on all impacted streets. This review J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 3 DOC. INDEX # c- • • • • does not include any site development or safety issues which may be discussed at the project level or SEPA review. Development Services Team. The Development Services Team met on June 8, 2005 and again on June 15 and June 28, 2005 to discuss stormwater and transportation issues with the applicant which led in part to the recommended conditions of approval of this proposed preliminary plat. Zoning and Land Use of Site. The current zoning of the property within the proposed preliminary plat is Suburban Residential (SR). The property currently contains an apple orchard and one single-family residence. Project Description. This application to subdivide approximately 28 acres into 80 lots would accommodate the construction of detached single-family residences. The developer anticipates completing the development in five phases from 2005 through 2010. Lots sizes would range from 9,123 square feet to 46,739 square feet in size and would average 13,318 square feet overall. New public streets would be extended into and throughout the site to provide access to each of the proposed lots. Access to the development would be from Englewood Avenue by extending new streets into the site (North 72nd Avenue and North 74th Avenue). Proposed new interior streets would include Englewood West Drive which would serve as a connector street between North 72nd and North 74th Avenues and also 72nd Place which would provide access to lots in Phase II. Temporary cul-de-sacs would be available to provide adequate turn -around space for emergency vehicles and garbage pickup through each development phase. The proposed phasing would be Lots 1 through J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 4 DOC. INDEX # 22 in Phase I; Lots 23 through 45 in Phase II; Lots 46 through 55 in Phase III; Lots 56 through 68 in Phase IV; and Lots 69 through 80 in Phase V. The project area. consists of hilly terrain with the steepest slope estimated at 32 percent. Soil composition generally consists of sandy loam over hardpan. Soil • conservation service classifications are Gorst Loam, 15 to 30 percent slopes and Cowiche Loam, 8 to 15 percent slopes. Approximately 11,300 cubic yards of soil excavated from parcels at the southeast corner of 74th Avenue and Englewood Avenue will be, utilized to fill the lower area of the project area. Regulatory erosion control measures will be implemented during development and construction activities. A small irrigation/frost pond located in the northeast portion of the site will be removed. No surface water withdrawals or diversions will be required. Water runoff will be primarily from rainfall and snowmelt. All runoff will be collected and managed on- site. The site is currently used for an apple orchard. Adjacent properties include low to moderate density residential uses. Jurisdiction. Section 14.20.100 of the City's subdivision ordinance provides that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council relative to the subdivision criteria listed in that section and in RCW 58.17. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1) Subsection' 14.20.100(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance: Subsection 15.03.030(1) of the Urban Area Zoning Ordinance indicates that the intent of the Suburban Residential (SR) zoning district is to provide a variety of residential lifestyles with densities up to seven units per net J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 5 DOC. INDEX # c-/ • • • • • residential acre where public water and public sewer are used. The proposed preliminary plat would be consistent with that intent and would be required to comply with the other provisions of the City's zoning ordinance. 2) Subsection 14.20.100(2) -- Consistency with the provisions of the Comprehensive Plan: The City's Future Land Use Map and Comprehensive Plan designate the property within the proposed plat as suitable for Low Density Residential development. This proposed plat is consistent with that designation and is also consistent with other provisions of the comprehensive plan that encourage infilling, recognize the need for public water and sewer, encourage disposal of surface drainage on-site and encourage development consistent with the general land use pattern in the area. 3) Subsection 14.20.100(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance": As proposed and with the recommended conditions, this proposed preliminary plat would meet all the design requirements in Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the recommended conditions are intended to ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. 4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health, safety and general welfare: The construction of new residential units which will complement adjacent uses will promote the public health, safety and general welfare insofar as there is a need in this community, for single-family residences and insofar as this proposed preliminary plat would be required to comply with all applicable City development standards, all mitigation measures in the SEPA MDNS and all conditions of approval specified by the City Council. 5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: The proposed lots are larger than minimum sizes that could be approved for various types of dwelling units in the SR zoning district. Lot coverage of less than 45% in the SR zoning J & R Enterprises, Chuck Joluison 6 Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 DOC, INDEX # (r,/ district will provide light and air for future residents in accordance with the standards in the zoning ordinance. 6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways: The SEPA MDNS requires, among other mitigation . measures, that all surface water generated from the proposed project, including surface water from roads, residential dwellings, buildings and landscaped areas, be disposed of on-site for the full 25 -Year Storm design and that the developer shall use Best. Management Practices (BMPs) as detailed in the Stormwater Management Manual for Eastern Washington to provide erosion and sediment control. The SEPA MDNS measures and recommended stormwater retention and drainage requirements will make adequate provisions for drainage ways. 7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads, alleys and other public ways: Englewood Avenue is classified as an Urban Collector Arterial with 60 feet of right-of-way. Transportation Concurrency Review completed on October 4, 2005 determined that this proposed preliminary plat would not, exceed the PM peak hour capacity of the City Arterial street system and that reserve capacity exists on all impacted streets. Specific additional street improvements, besides those required by Title 12 of the Yakima Municipal Code, were suggested during the DST meeting process. Street improvements for proposed North 72'd Avenue and in the vicinity of proposed Lot 74 as a result of those meetings are recommended conditions that will make adequate provisions for streets 8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops: Although no specific evidence was submitted regarding this consideration, the City would provide such transit stops as it deems necessary to serve the future residents of the proposed preliminary plat. 9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water supplies, irrigation and other water suppliers: All lots would be served with public domestic water in accordance with City of Yakima Title 12 standards. They would also J & R Enterprises, Chuck Johnson 7 Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 DOC. INDEX # C-( • • • • • be served with irrigation water from the Yakima-Tieton Irrigation District. No individual wells or other water system will be allowed. The required sources of water for the proposed preliminary plat would constitute adequate provisions for same. 10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste disposal: There would be adequate provisions for sanitary waste disposal for the proposed preliminary plat in the form of public sewer service provided in accordance with the City of Yakima's Title 12 . standards. No septic systems or other method of sewage disposal will be allowed. 11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and recreation: Adequate provisions for parks and recreation are provided within the proposed preliminary plat without the need for an internal park due in part to the size, number and location of the proposed lots. 12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds: Adequate provisions for playgrounds exist at the schools which children within the proposed preliminary plat would be attending, particularly in view of the size of the lots which would also allow for playground areas as needed or desired on the lots themselves. 13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and school grounds. No comments were received from the School District to suggest the need for an additional school at this location. 14) Subsection 14.20.1O0(4)(k) — Appropriate provisions for sidewalks: Since the proposed plat would have sidewalks on both sides of the streets in accordance with City standards, the proposed plat would make appropriate and adequate provisions for sidewalks. 15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school: There was no evidence presented at the hearing of a need for features other than J & R Enterprises, Chuck Johnson 8 Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 DOC. INDEX sidewalks on both sides of the streets to provide safe walking conditions for students who walk to and from school. 16) Subsection 14.20.100(5) — Public use and interest: The evidence indicated that this proposed plat would be consistent with neighboring land uses and would better serve the needs of this area than continued agricultural use. Based on the standards discussed above, it is apparent that the public use and interest would in fact be served by the proposed preliminary plat. With recommended conditions, it would comply with the City's zoning ordinance, comprehensive plan and subdivision ordinance. It would also make appropriate and adequate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, playgrounds, schools or separate walking paths to school have not been recommended or deemed necessary. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the application's consistency with applicable development regulations, or in the absence of applicable regulations, the adopted comprehensive plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re-examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. a) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. b) The level of development (lot size, contemplated density) would not exceed the allowable limit in the Suburban Residential (SR) zoning district. J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 9 DOC. INDEX • • • • • c) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that would be provided at the applicant's expense would insure that, adequate infrastructure and public facilities are available for the proposed preliminary plat. d) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed preliminary plat which have been discussed in detail above. With the recommended conditions, the proposed preliminary plat would be consistent with the development standards of applicable City ordinances. CONCLUSIONS 1. The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a proposed preliminary plat pursuant to Section 14.20.100 of the subdivision ordinance 2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this project on September 26, 2005 and was not appealed within the time period for an appeal. 3. The proposed preliminary plat of Englewood West, with the conditions detailed below, is in compliance with the City's comprehensive plan, zoning ordinance and subdivision ordinance; makes appropriate and adequate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; and, according to the weight of the evidence presented at the hearing, does not require J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 10 DOC. - INDEX that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who only walk to and from school. 4. The proposed preliminary plat is in compliance with the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the proposed 80 - lot preliminary plat of the Plat of Englewood West be APPROVED in accordance with the details described in the application and in the related documents which are assigned file numbers LONG PLAT #2-05 and EC # 17-05, subject to compliance with the SEPA MDNS requirements which are adopted and incorporated herein and the following conditions: Domestic Water and Sanitary Sewer 1. All lots shall be provided with public domestic water and public sewer service according to YMC Title 12 standards. No individual wells or other water system will be allowed. No individual septic systems or other sewage disposal methods will be allowed. 2. Prior to final plat approval written verification from the City of Yakima Engineering Department must be provided to the City of Yakima Planning Division indicating that all water and sewer extensions have been completed or fmancially secured. Utilities 1. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 11. DOC. INDEX # C- • • • 2. A minimum 10 -foot wide public utility easement must be provided adjacent to all public road right-of-ways. 3. Easements for new and/or future utilities must be a minimum of 16 feet in width, provided that the width of easements for buried utilities must be twice the depth of the planned excavation. 4. All public and private utilities located within public road rights-of-way must be constructed prior to the start of road construction. Irrigation Water 1. Irrigation easements, if required, shall be provided as specified by the Yakima- Tieton Irrigation District. 2. The developer must obtain approval of the Yakima-Tieton Irrigation District. 3. The developer must satisfy Article 2 of Yakima-Tieton Irrigation District Resolution 97-5. 4. Prior to plat approval, the developer must receive Yakima-Tieton Irrigation Distict's written verification of the presence of a 15 -foot wide non-exclusive irrigation easement that will allow for distribution of irrigation water to all parcels of land within the District's boundary. Public Infrastructure 1. All lots must be provided with adequate fire flow. 2. Fire hydrants shall be placed at the locations specified by the Building Codes Division and Yakima Fire Department. 3. The developer shall construct a paved L-shaped turn -around at the north end of North 72nd Avenue. 4. The developer shall pave the existing right-of-way located to the east of North 72nd Avenue four feet north of the centerline east for the entire length of Lot #74. 5. The developer shall install a curb return and 5 -foot sidewalk that extends eastward for the entire length of Lot #74. 6. Vacation of right-of-way along western boundary line must be accomplished during Phase I of the development project. 7. All frontage improvements shall be engineered, constructed and approved in accordance with Title 12 Standards of the Yakima Municipal Code. Stormwater Drainage & Retention 1. All surface water generated from the project, including roads, residential dwellings, buildings, landscaped areas, must be disposed of on-site. for the full 25 - Year Storm design. J & R Enterprises, Chuck Johnson 12 Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 DOC. INDEX # c./ 2. Surface water plans must be reviewed and approved by the City of Yakima Surface Water Engineer. 3. A construction stormwater general permit is required. 4. The developer shall develop a Stormwater Pollution Prevention Plan to be approved by Department of Ecology that details the BMPs to be used. 5. The developer shall implement Erosion and Sediment control measures in accordance with Best Management Practices detailed in the Stormwater Management'Manual for Eastern Washington. 6. The developer shall provide the City of Yakima Department of Engineering with a defined flow path/method of getting emergency overflow, runoff from the ponds to the culvert under Englewood Avenue which directs the water to the natural drainage area west of North 74th Avenue. 7. Appropriately sized and designed retention ponds to handle pass-through drainage shall be shown on the site plan. Soil and Soil Erosion Controls 1. All permits required by the Yakima Regional Clean Air Authority must be obtained, including without limitation a Master Construction Dust Control Plan that addresses demolition, site preparation, construction and landscaping phases of the proposed development, per Section 3.08 of Yakima Regional Clean Air Authority regulations. 2. The developer must designate during working hours a responsible party to serve as contact for suspected air quality violations. 3. The developer must contact the State Department of Ecology to determine if residual concentrations of pesticides above the MTCA clean up levels are present and undertake the appropriate clean up actions as recommended by the Department of Ecology. 4. Erosion control methods such as temporary ponding, silt fencing, etc. must be in place prior to clearing, grading or construction. Sanitary Sewer 1. The existing eight -inch sanitary sewer line located on North 72nd Avenue shall be extended further to the north and terminate into the easement area at the northern end of the development. 2. A utility easement shall be provided between Lot #78 and Lot #79. 3. An additional manhole shall be provided on North 72nd Avenue with an eight -inch sanitary sewer line to extend north out of this manhole to a cleanout. 4. A utility easement shall be provided between Lot #51 and Lot 52. 5. An additional service lateral shall be provided for parcel 181317-43429. J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 13 DOC. INDEX # e_/ • • • • Transportation/Traffic 1. Transportation Concurrency Review has been satisfied. 2. All site traffic will be accessed from Englewood Avenue, with traffic distributing onto North 68th Avenue, North 741h Avenue, and Summitview Avenue. 3. All interior streets shall be engineered, constructed and approved according to the standards and requirements of Title 12 of the Yakima Municipal Code. Final Plat Requirements 1. The final plat shall substantially conform to the preliminary plat, except as modified by the City Council. 2. The developer must provide a surety bond or other secure method of financially providing for and securing to the City the actual construction of required improvements. 3. All addresses shall be as specified by the Building Codes Division and all addresses must be clearly shown on theface of the final plat 4. Developer must submit a set of plans prepared by a licensed Civil Engineer to the City Engineering Department for review and approval. 5. Each development phase shall be recorded individually at such time as the development phases are completed. 6. Yakima-Tieton Irrigation District irrigation easements must be shown on the face of the plat and be labeled "Public Utility and Irrigation Easement." 7. The lots shall be subject to the following notes, which must be placed on the face of the plat: a) 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. b) 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. DATED this 17th day of November, 2005. J & R Enterprises, Chuck Johnson Vicinity of 7200 Englewood Ave. 80 -Lot Plat of "Englewood West" PRE LONG PLAT #2-05; EC 17-05 14 Gary M. Cuillier, Hearing Examiner DOO. INDEX # C -I • D-1 J&R ENTERPRISES ENGLEWOOD WEST PHASE II FINAL LONG PLAT#2-08 EXHIBIT LIST CHAPTER D Vicinity Map Vicinity Map i imam Z 4. hr.ol IIW /[ CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: PREL LONG PLAT#2-05 & EC#17-05 APPLICANT: J & R ENTERPRISES, CHUCK JOHNSON REQUEST: 80 -LOT PRELIMINARY SUBDIVISION WTttc ENVIRONMENTAL REVIEW INDEX LOCATION: 7200 ENGLEWOOD AVENUE # p \Mo 0.3 Subject Property Yakima City Limits Scale —lin = 500ft 0 250 SpiIGPLT 2-05 05/23/05 • • • J&R ENTERPRISES ENGLEWOOD WEST PHASE II FINAL LONG PLAT#2-08 EXHIBIT LIST CHAPTER E Final Plat — Phase II, III, IV E-1 Final Plat of Englewood West — Phase II, III, IV 6/03/08 IRRIGATIO OVAL THE PROPERTY DESCRIBREON IS LOCATED WHOLLY OR IN PART WITHIN THE BOUNDARIES OF THE YAKIMA-TIETON IRRIGATION DISTRICT. I HEREBY CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS-OF-WAY SHOW ON THIS PLAT, ARE ADEQUATE TO SERVE ALL LOTS LOCATED WITHIN NIS PLAT WHICH ARE OTHERWISE ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT. I ALSO CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS-OF-WAY, ARE AOEOUATE TO TRANSMIT IRRIGATION WATER THROUGH THIS SHORT PLAT TO OTHER ADJACENT LAND ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF 1118 DISTRICT. I FURTHER CERTIFY 11481: — THIS PLAT CONTAINS COMPLETE IRRIGATION DISTRIBUTION FACIUTIES IH ACCORDANCE WITH NIS DISTRICT'S STANDARDS, OR PROVISIONS ACCEPTABLE TO THE DISTRICT HAVE BEEN MADE BY COVENANT AND AGREEMENT FOR COMPLETED IRRIGATION DISTRIBUTION FAOUTIES TO Ail LOTS; SAID AGREEMENT 15 FILED .SUPPLEMENTAL TO THIS SHORT PLAT, OR :bl — THE EXISTING IRRIGATION DISIRHBUI1ON FACIUTY 15 ADEQUATE TO MEET THIS REQUIREMENT. /-+E.dudln9 234.29 Al LOIS ,ARE 19 WHOLE OR IN PART, NOT CLASSIFIED AS "IRRIGABLE LANG" BY THIS DISTRICT AND/OR ARE NOT CURRENTLY ENTITLED TO IRRIGATION WATER UN 6 THE L)PEfj,ATING RULES AND REGULATIONS OF THIS DISTRICT. BY S&CRETARY (OR DESIGNEE) AKIMA-11ETON IRRIGATION DISTRICT I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTSOLLECTBIE BY THIS OFFICE THAT ARE DU AND OWING ON THE PROPERTY DE1RIBED HEREON ARF PAID THROUGH S-.ZB RRfGA11O N DISTRICT 2" AL CAP IN NON. CASE FND 2" ALU! CAP FND SEE LCR 114-1004 SEE LCR 1M-1408 S 8930'45" E 2635.45' S 8930'45' 1317.73' 24 23 rl 26 58 N 89'54'35" WN 1313.86' t z 1317.74' 22 21 27 28 n 2627.72' 5 893517' E 2825.73' 3 1313.86' 1312.87 I^ 1312.88' 48 48 f I o 47 48 1309.99' 1- 1310.00' 1308.34' '1z 1308.33' N 8938'25' W 2619.99' S 8939'50' E 2818.67' • 2' UNMARKED B.C. 2 UNMARKED B.C. FWD p' BRASS CAP FND IN NON. CASE FNO SEE LCR 214-298 SEE LCR 19-1329 SEE LCR 2M-295 S 1\2 SEC 17, T-13 N, R-18 E,W.M. mrv' ' wvvo _WEST - PHASE 2 YAK -TIE MON FID SEE LCR 9-1327 E 2634.79' 1317.39' 1317.38' 020 � 171 • 20 30 na 31 32 40 30 .?-° 38 37 O 41 42 . $ I = 43 44 3 N 0 38 38 34 33 Z (II mo TREASURER'S CERTIFICATE 1 HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE AND OWING ON THE PROPERTY DESCRIBED HEREON ON DATE OF 111IS CERTIFICATION NAVE BEEN PAID. DATED THIS DAY OF 20 91- APPROVALS YAKIMA COUNTY TREASURER'S OFFICE LOT 11 LOT 12 LOT 19 LOT 23 LOT 24 LOT 25 LOT 26 L07 28 LOT 29 LOT 30 LOT 31 LOT 32 APPROVED BY NE PTV OF YAKIMA AO ISTRATOR �/J �� DATE/i,7Z%Zoo/ APPROVED BY THE CITY OF YAKIMA ENGINEER DATE 5 - 2..9 • u6 APPROVED BY THE CITY OF YAKIMA MAYOR DATE 7204 MODESTO WAY 7200 MODEST0 WAY 704 N. 74111 AVE. 601 N. 72ND AVE. 613 N. 72ND AVE. 619 N. 72ND AVE. 821 N. 72ND AVE. 825 N. 72ND AVE. 829 N. 72ND AVE. 7201 ENGLEW000 HILL PLACE 7205 ENGLEWOOD HILL PLACE 7209 ENGLEWOOD HILL PLACE SE 1/4, SW 1/4 & SW1/4, SEC. 17, T-13 N, 8-18 E,WM LEGAL DESCRIPTION PARCELS "A1", "AY, -8" AND 'C'. ENGLE64)00 WE57 PHASE I, A5 RECORDED UNDER AUDITOR'S FILE NO. 7537429, RECORDS OF YAKIMA COUNTY, WASHINGTON. -TOGETHER MTH THAT PORTION OF VACATED RIGHT OF WAY ACCRUING TO LOT 'B' �TIHEREOF. AND THE SOUTH 300 FEET OF TRACT 45 OF YAKIMA ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS. ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDED IN VOLUME 'F' OF PLATS, PAGE 31, RECORDS OF YAKIMA COUNTY, WASHINGTON; EXCEPT THE EAST 308 FEET THEREOF: AND EXCEPT THE WEST 28.33 FEET THEREOF: AND EXCEPT THAT PORTA/ OF SAID TRACT 45 DESCRIBED A5 FOLLOWS: BEGINNING AT THE INTERSECTION CF THE 004101 UNE OF SND TRACT 45 MTH THE WEST UNE OF NE EAST 308 FEET THEREOF; THENCE NORTH 8939'57 WEST, ALONG THE SOUTH UNE OF SAID LOT 45, 37.00 FEET; WHENCE NORTH 016'29' EAST, PARALLEL WITH THE WEST UNE OF SAID EAST 308 FEE, 205.00 FEET; THENCE NORTH 8939'57' KE5T 95.00 FEET: THENCE NORTH 0.28' EAST 190.00 FEET; THENCE NORTH 8975' EAST 131.37 FEET TO THE WEST UNE OF THE EAST 308 FEET OF SAID LOT 45; THENCE SOUTH 016'29' WEST, ALONG SAID WEST UNE. 395.95 FEET TO THE POINT OF BEGINNING: AND EXCEPT THE SOUTH 5 FEET CONVEYED TO YAKIMA COUNTY FOR ROAD. STATEMENTS AND NOTIFICATIONS A THE ADDRESSES SHOWN ON THIS PLAT AR8 ACCURATE A5 OF THE DATE OF RECORDING, BUT MAY 8E SUBJECT TO CHANGE. THE ON OF YAKIMA BUILDING CODES DIN90N I5 RESPONSIBLE FOR 15(6 CONFIRMATION OR REASSIGNMENT OF ADDRESS AT THE TME OF BUILDING PERMIT ISSUANCE. B. THE MINERS SHOWN HEREON, THEIR GRANTEES AND ASSIGNEES 114 INTEREST HEREBY COVENANT AND AGREE TO RETAIN ALL SURFACE WATER GENERATED W1I11N THE PLAT ON-SITE. NOTES 1. 0 - DENOTES 1/2' REBAR MTH CAP NO'S. 16233/18929 SET. 2. 0- DENOTES 1/2" REBAR MTH CAR NO'S. 16233/18929 FOUND. 3. 61- DENOTES 2' ALUMINUM CAP ON 5/8' REBAR SET OR FOUND IN MONUMENT CASE. BEARINGS SHOWN ARE ON ASSUMED DATUM.. RELATIVE TO THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SECTION 17 BEING SOUTH 8938'25' EAST. 5. G.LO. SECTION SUBDINSON. CORNERS 940614 HEREON A5 FOUND WERE N91ED IN JULY, 2005. 8. SURVEY PERFORMED WITH TWO SECOND ELECTRONIC TOTAL STATION AND CALIBRATED CHAIN USING FIELD TRAVERSE P1908919068S. 7. P.S. 6947 DESIGNATES A PUBLIC SERVICE EASEMENT. ALL P.S. EASEMENTS ARE 10 FEET WIDE UNLESS SPECIFIED OTHERWISE. THE P.5. EASEMENT IS AVAILABLE BUT NOT UNITED TO TIE FOLLOWING USES: POWER, TV. TELEPHONE, IRRIGATION, STORM DRAINAGE AND NATURAL GAS. ADDRESSING FOR ENGLEWOOD WEST - PHASE 2 LOT 33' LOT 34 LOT 35 LOT 38 LOT 37 LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 7301 ENGLEWOOD HILL PLACE 7305 ENGLEWOOD HILL PLACE 7309 ENGLEWOOD HILL PLACE 7308 ENGLEWOOD HILL PLACE 7306 ENGLEWOOD HILL PLACE 7304 ENGLEWOOD HILL PLACE 7302 ENO.E6000 HILL PLACE 7300 ENGLEWOOD HILL PLACE 7208 ENO.E8000 HILL PLACE 7204 ENGLEVADOD HILL PLACE 7200 ENGLEWOOD HILL PLACE 808 N. 7290 AVE (DEPENDING ON ACCESS) LOT 44 804 N. 7290 AVE. LOT 87 709 N. 74111 AVE. LOT 45 800 N. 72ND AVE. LOT 88 705 N. 74TH AVE. LOT 56 706 N. 7411-4 AVE. LOT 69 706 N. 72711) AVE. LOT 57 708 N. 74TH AVE LOT 70 710 N. 7290 AVE. LOT 58 710 N. 74114 AVE. LOT 71 714 N. 72ND AVE. LOT 59 712 N. 74111 AVE. LOT 72 716 N. 72ND AVE LOT 60 714 N. 74114 AVE LOT 73 718 N. 72ND AVE 10T 61 716 N. 74111 AVE. LOT 74 717 N. 72140 AVE. LOT 62 718 N. 741)1 AVE. LOT 75 715 N. 72ND AVE. LOT 83 719 N. 74114 AVE. LOT 76 713 N. 72ND AVE. LOT 64 715 N. 74TH AVE. LOT 77 711 N. 7240 AVE. LOT 65 713 N. 74TH AVE. LOT 78 709 N. 72ND AVE LOT 68 711 N. 74174 AVE. LOT 79 705 N. 72ND AVE LOT 80 703 N. 72ND AVE. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF CHARLES JOHNSON IN JANUARY, 2008. RICHARD L. WEHR, CERTIFICATE NO. 18929. DEDICATION AND WAIVER OF CL KNOW ALL MEN 81 THESE PRESENTS THAT WS ENTERPRISES LLP., A WASHINGTON UMITED LIABILITY PARTNERSHIP AND ANDREW S. BRASSNGTON A710 JACQUELINE F. BRASSINGTON, HUSBAND AND WEE ARE 111E PARTES HAVING OWNERSHIP INTEREST IN 111E LAND HEREON DESCRIBED; HAVE 1111H 114EI12 FREE CONSENT AND IN ACCORDANCE MN THEIR DESIRES CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON; AND DO HEREBY OEEDICATE THOSE ROADS ANO/OR RIGHTS -CF -WAY SHOWN AS PUBUC DEDICATIONS HEREON TO THE USE OF THE PUBUC: DO HEREBY WAIVE ON BEHALF OF THEMSELVES AND THEIR SUCCESSORS IN INTEREST ALL CLAIMS FOR DAMAGES AGAINST 114E CITY OF YAKIMA AND ANY OTHER GOVERNMENTAL AUTHORITY WHICH MAY 8E 0613907-160 TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCT Oyn DRAINAGE AND MAINTENANCE OF SAID DEDICATED ROADS AND/OR RIGHTS OF -WAY 8)10 . HEREBY DEDICATE THE EASEMENTS AS SHOWN HEREON FOR THE USE NDIC • ANDREW 5. BRA59NGTON F. BRA59NGTON ACKNOWLEGEMENTS STATE OF WASHINGTON) COUNTY OF YAKIMA ) SS I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT CHARLES R. JOHNSON, IS THE PERSON WII0 APPEARED BEFORE ME, AND SAID PERSON AC 4098(0GED THAT HE SIGNED THIS INSTRUMENT. TO 8E HIS FREE AND VOLUNTARY ACT AND DEED, FOR THE USES ANA $POSES THEREIN 1 rt . OVEN UNDER MY )WARD AND OFFICIAL SEAL THIS OF 20 (76 NOTARY _ANlig/R THE STATE OF WASHINGTON .4', 11Cr RE90ING AT J77JJJIffIII RR..LGNNIA�JJ ... MY APPOINTMENT EXPIRES 9-7/7 "JJPy�SlowFe9.F-',' • '.' +' • v NOTARY f: F. A1BuG •O STATE OF WASHINGTON) COUNTY OF YAKIMA ) 55 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY (NONCE THAT ANDREW S. BRASSTNGTON AND JACOUEUNE F. 89A=901071 ARE THE PERSONS 111710 APPEARED BEFORE ME, AND SAID PERSONS ACKNOWLEDGED THAT THEY SIGNED THIS INSTRUMENT. TO BE THEIR FREE AND VOLUNTARY MYYACT At4D DEED, FOR THE MAND AND OFFICIAL SEAL 1)455 �jlfj uPjIRP087 ER MENTIONED. OVEN OF 4:1.4.t:,9.4.4;"'%,, IlUlrlrr NOTARY PURL �IqI �A1fN/D�FOR THE STATE OF WASHINGTON , "CPPV. M'•9.('F9 , RESIDING AT �/Ni CI?(Fl /J `%.,yS19A ia•;f MY ARPOINTNENT EXPIRES 11" 7-// ; NO7*64- ,. �lll IN 111\7� AUDITOR'S CERTIFICATE FILED FOR RECORD THIS _ DAY OF 20 AT M., UNDER A.F. NO. RECORDS OF YAK)MA COUNTY, WASHINGTON. 1._1771 . 9Y DEPLITv PLS A PLA ENGINEERING -SURVEYING -PLANNING 1120 WEST LINCOLN AVENUE YAKIMA, WASHINGTON 98902 15091 575-6990 T OF DRAWN BY: JOE ENGLEWOOD WEST — PHASE 2 PARCEL NO.'S 181317 - 43438, 43439, 43440, 44459 h 44460 —PREPARED FOR— J S R ENTERPRISES DATE: 3/26/2008 JOB No. 04249 SHEET NO. • CURVE TABLE CURVE RADIUS DELTA LENGTH TAN CHD BRG CUD LEN C1 50000 344341" 303.06 156.35 S 177712• W 298.44 22 500.00 34'43511 303.04 156.33 14 172717" E 298.42 C3 500.00 285735' 251.85 128.86 N 2073'15" E 249.20 C4 500.00 5'51'56• 51.19 25.62 N 03'01'29' E 51.16 C5 30000 152532" 79.02 39.74 N 827746' E 78.79 C6 40000 12.00.00' 83.76 42.04 5 817000" w 83.62 27 28 300.00 200.00 672020' 454323" 350.81 152.62 198.57 80.24 N 53'30110• E N 19'51'41' E 331.16 148.95 C9 40000 4041'46' 284.12 148.35 5 202729" W 278.18 610 400.00 2519'11' 176.85 89.79 5 299417" W 175.22 611 400.00 1523'37 107 47 54.06 5 07.4323" W 107.14 C12 100 OD 33'53'35" 59.15 30.47 5 737448" W 58.30 C13 30000 2028'00" 105.42 53.26 5 467420' W 104.88 C14 175.00 377011' 113.53 58.84 N 22'08'171 E 111.55 615 425.00 92748' 89.58 34.87 5 38.01'59" W 69.50 C16 425 OD 91755" 68.93 34.54 S 2641'47' W 68.86 C17 125.00 24139'49' 53.81 27.33 $ 7741'41• W 53.39 C18 125.00 913'48" 20.14 10.09 S 604453" W 20.11 " C19 325.00 74047 43.58 21.81 5 521737 W 43.53 " C20 32500 914021" 54.87 27.50 S 43'3703" W 54.80 C21 325.00 15550' 9.06 4.53 5 3758219 W 9.06 622" 30.00 48'33'45" 25.43 13.53 N 6127'56' E 24.87 " C23 5500 56'34'48' 63.91 36.11 S 522724' W 60.38 -C24 ' 55.00 21'29'31' 20.63 10.44 5 082515" w 20.51 - 225 55.00 205705" 2011 10.17 S 124823" E 20.00 " C26 55.00 212748' 20.60 10.42 5 3420'30" E 20.48 -C27 - 55.00 932918' 89.61 58.32 N 6193427" E 80.03 • 228 ' 55.00 2214735" 21.88 11.09 N 303050 0 21.74 'C29 55.00 212733" 20.20 10.21 N 081527 E 20.09 ' C30 55.00 11'4429" 11.27 5.65 N 074754' W 11.25 ' C31 30.00 511820' 26.84 14.40 5 12'02'48" W 25.96 ' C32 275.00 182712' 88.57 4467 5 4654'24" W 88.19 -633"" 75.00 3353'35" 44.37 22.85 S 730448" W 43.72 ^C34 ' '425.00 65759' 51.67 25.87 5 0330'35" W 51.64 C35 ' 375 00 724'43" 46.33 23.19 S 033956' W 46.30 " C36 ' 375.00 145414• 97.54 49.05 5 145324" W 97.27 " 637 375.00 1194252" 122.49 61.79 S 312157• W 121 94 -- C38 225.00 110'29' 4.61 2 31 N 4021908" E 4.61 239 22500 272617" 106.44 54.24 N 2559'45" E 105.45 -- C40 225.00 1015'40" 41.60 20.86 N 0708'47" E 41.54 C41 32500 191226" 110.81 55.95 N 6731'48" E 110.27 C42 58.00 265628" 27.27 13.89 5 135545" w 27.02 C43 5800 201017 20.42 10.32 S 372708", W 20.31 244 59.00 284553' 27.09 13.80 5 60'35'12" W 26.85 C45 58.00 891649" 70.13 40.07 N 712727 W 65.94 C46 58.00 201016' 20 42 10.32 N 265954' W 20.31 C47 5800 601678• . 61.02 33.87 N 13'33'28" E 58.24 648 58 00 315510' 32.31 16.59 N 59139'17" E 31.90 C49 30 00 755721' 39.54 23.24 5 375112' W 36.74 C50 55.00 722020. 69.12 39.96 N 3920'00" W 64.66 651 100.00 752532" 131.06 76.86 5 372714' E 121.88 C52 125.00 5213125" 114.59 61.68 5 484418" E 110.62 253 125.00 221427" 49.24 24.94 5 111152' E 48.92 C54 58.00 4159'22' 42.51 22.26 5 212512" W 41.56 C55 58.00 201017" 20.42 10.32 S 5210'01' W 20.31 C56 5800 5112'38' 51.84 27.80 5 875129" W 50.13 C57 58 00 201016" 20.42 10.32 N 562704' W 20.31 C58 58.00 775655" 78.90 46.92 N 072339" W 72.96 C59 58.00 442713" 44.58 23.46 N 531546" E 43.49 C60 30.00 753171" 39.54 23.24 5 3751'12" W 36.74 661 75.00 752551" 98.30 57.85 $ 372714' E 91.41 C62 80.00 157310' 21 48 10.81 N 6716'25' W 21.42 C63 80.00 565650" 79.05 43.09 N 3119'25' W 75.87 C64 30.00 7220'00" 37.70 21.80 N 3910020' W 35.27 100 0 100 FEET SCALE : 1 = 100' ENGLEWOOD SE 5/4. SW V4 a SW 20' VW 1• O 5 8984'35' E - (8 90.05 :Z s 105.00' r 89.51' -8 3 110.49 190.05' I ;:7,4 61 5 110.8F26 m 8 0 T 118.00' 5 8954'29 E d 60 13,206 0 ‘91 S0. FT O I 153.15' 30 S 8978'16' E '8 59 8 12.252 45 50. FT. 25 153.15' I S 8978 8 58 SQ.12,252 15].15.15' 105.00'1 • 89.51' 62 T• ^ 63 m 9,723 p 8,986 p SO. FT. f 8 SO. FT. m 8 7' 22 P.S. ;.„...,......,,,.0.,....E2S$4'T 44 .14., J' •••1), ? �• •., L1 .• • 0 8 IQ 110.49 1646 50. FT. °• 4 77.13' 8954'29' EST ••PHASE 2 4. SEC. 115.00' 115.00 691 S0. FT. 17, T-13 N. R -13,W EM 115.00 • •r 88 115.00' i,, 119 10,107 SO FT 115.00' 19213' 65' 8 0 72 65a 1 11,497 50 FT. 0 m11,28550. FT. 895429' IV 141.89' 118.11' 4g 105.00 5 89 '29' E 155.00 66 13.922 50. FT. a 20 11,)25150. FT. g • 155.00' " 155.00' I. 917 r N 8954'29 W s N 8954'29" W N 25' 25 20' VACATED RAY Q w 12.40 7SO. FT. 1 5 12.557550. FT. PER CITY 03 1414844I 0 S 8978'16' E 155.00' 164.57 ORDINANCE NO. 200854 8 57 14 8954'29' W _ N 8954'29' n 12,252 68 - I z n 17,062 50 FT, m n.- 51053.74' 69 CJ _ I ^p 19,399 50. FT. ? O S 89'38'16' E IO '�1ESMT5 2 e 279.88' 8 51 56 .8g1 TI 155.51' •� w 435.39' 120 SO. m S 8526'i Textuni9orte we* I 153.'1614' 1 I S 89'38'16' E IG Z m Y1IACYI37 1 4 1 ls 1 14 I I SO FT 19 g 25• 25' I 2 19 I mo' I te I _� J ^O 153.14' 16 I .----- 20 C6 SW 200._....i.,,,6 S 8978'16" E TRACT 37 20 `- __ I� 14298 00851 oc 1 W I 5 009429 E •'3 \ •w� I g S -y_ Its zs/ \ 8 \ • \ f \ \ \I i ^1-: -• 1-7 0 7 341 98 \ t .0 . I 22 / ti/ I✓S 1W7000 ST • 15100. 541 N \� BO -•'..• X+ �./ ��A 1 9591 10578 `�1, '', \I \_ J•2s.� 6 \ • k if?, 32 so: FT. o S 8f & 1 11.420 N% '' > q J .TRACY 44 33 . J , 50. FT, n r Y¢4 °s�, N. Ns qh d' 6,213 d m. 1 I "14( P :N....0,`.- y 50. FT. / \ S Bye PI 5' • mI 34 �Dm. 6}? 13,983 / ^K / \ "4.• 50. FT. c^/ N •♦' '• _dam. Ii 35 ,b. \ 11,949 ' / .0 , S0. FT.� `� 'S S7?fry. I - 09" 36 ' +?. - 10,838 P S0. FT. I 96.55 - n 08.67. 2 •. - L5 LS • 7.11'57' E•°' u• S 626'1 1 91 w __ N 5.42 e�• 49 77.03 0 8 v 82.54 82.54 5 895917 E 75 '8 11,383 • S0. FT. , 8 114.25' S 8954'29' E \ 76 10,058 50. 11. 49 g 34 .-_ 60 /S 8954'29" E 77 13,981 SO. FT. • 5 6954 29' E • 7 175.50' '•y 95.90' O 1 10,871 S0 FT 80.00' S 8955'17" E 858.43' 401.89' 20' R/4 1 - NOT IN PLAT TRACY 96 S 8955'17" E 190.00' 0 L20-' 44 0___-_____ 14'9. 50. FT. 4u5 • 7054E1 � 8 E545 1 93.10'x. 90.00' NOT IN PLAT I i n 53 1 52 - - 8 000 ¶EST 51 8 PHASE 9 615 . 50 .ql NOT IN PLAT i1 57.39 55i \ ) 7 \ \ \ \ 46 i 47 ) 48 8 - - 3 n •/ fl 0 29 m 11.374 SO FT. • 12 25. 25' U 135.27 0O AFL g o 17,324 . % N 89'4939' W 50. FT. U 10' P.S. 28 ' m• ESM'T • G.1 14,583 SO FT w 920. `t.4.;{4 30 `j 14,024 SO. FT. 9 '- Un 14 895825' W - Q N 8958'25' 181.04' N 89'4359' W 26 23.188 SO FT. 44 N 893527' E 247.00' ^m 115.63' O 041381i170. 89'375' �0 j 25 aW 4n U 12,255 S0 FT. a I N g 1 139.30' 1•9 5 1964.99' 1 51v COR. SEC. 17 38 I C27 44 Osa °FT,„' 11.338 • 39 m n 10,950 40 S °• .�{ 9,123 °' 1 3 3 850. El.", Cso. Fr. -850. ET.m N - 8 iC5 8 : \_ j .0....-85.00'J , -80_00' 162.55' 8 - R 492 45' S 8958'25• E 2819.99' N 9958'25' ▪ 1760 o SO. 37. 80.00' COR. TRACT 44 L6'E T LINE LENGTH BEARING L1 33.00 N 895429' W L2 57.53 N 3670'00' E L3 41,61 5 4654'29' E 14 49.15 N 55'01'37 E L5 5414 14 8958'25' W L6 42.43 N 8958'25' W L7 38.97 5 407945' E LB 42.43 5 452935' W L9 42 42 5 4459'11' E L10 45.49 S 391426" W UNE LENGTH BEAR1146 L11 30.74 5 89'5429' E 172 33.00 $ 895420. E 113 ' 24.21 5 4755'07' E 114 45.77 5 47'55'07' E 115 44.83 S 431824' W L16 20.23 5 43'38'04' W 117 44.65 5 435948' W L18 63.28 5 43'39'48' W L19 31.85 S 8954'35" E L20 10.00 5 8955'17 E N 897950' W m g I; Z., IYAKIMA ORCHARD 190011.AIMID COs 24 13.427 S0. FT. m 8959'57 W) I CROWD TRACTS 141.43' I 95.00' I N 895950' W 238.43' 0' P.S. ESMT 15' 881641ION- EASE0ENT 23 46,749 SO. FT. TRACT 45 308' 80.00' 0 6,.00• �., • (B� -205.56''- -04 L - •4: 72 - - 260.44' I Q 31.00Y8 308.00' 1962.30' ENGLEWOOD AVE. 5 8939'30" E (8 8839'57' W) 2618.87' T- SE COR SEC.17� N 0078'21' E PLS A ENGINEERING -SURVEYING -PLANNING 1120 WEST LINCOLN AVENUE ' YAKIMA, WASHINGTON 98902 15091 575-6990 PLAT OF ENGLEWOOD WEST - PHASE 2 P453661 1403 191317 - 43438, 43439, 43440, 44459 & 44460 -PREPARED FOR - J & R ENTERPRISES DRAWN BY: JOE DATE: 3/26/2008 JOB No. 04249 SHEET N0. ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting of: June 3, 2008 Public Meeting and consideration of Resolution approving the Final Plat for Phases 2, 3, and 4 of Englewood West, a 78 -lot subdivision submitted by J & R Enterprises located in the vicinity of 74th Avenue and Englewood Avenue and authorizing the Mayor to sign the final plat . SUBMITTED BY: William Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner SUMMARY EXPLANATION: This Final Plat for Englewood West includes all 78 remaining Tots authorized in the Preliminary Plat (Phases 2, 3, and 4). The Preliminary Plat was approved by the Yakima City Council on January 3, 2006. Phase 1 of the Englewood West Final Plat was approved in 2007. The applicant has completed or bonded for all necessary public improvements as required by the conditions of approval for this Final Plat. The City Chief Engineer has inspected, approved and accepted all plans and designs for the required improvements. All other conditions of approval have been accomplished. On July 1, 2008 the City Council will review a right of way vacation for the unimproved portion of Scenic Drive adjoining this development. Resolution X Ordinance _ Contract _ Other (Specify) see index of attachments Funding Source APPROVED FOR SUBMITTAL: f&-, City Manager STAFF RECOMMENDATION: Approve Resolution and Authorize Mayor to sign Final Plat BOARD/COMMISSION RECOMMENDATION: The Hearing Examiner recommended conditional approval of the Preliminary Plat COUNCIL ACTION: •