HomeMy WebLinkAboutR-1997-034 Comm. & Econ. Dev. / Michael Taylor Final Short PlatRESOLUTION NO. R-97- 34
A RESOLUTION ratifying the Hearing Examiner's decision approving amendment
of the Michael A. Taylor final short plat, and authorizing the Mayor
to sign the revised final short plat.
WHEREAS, Dr. Michael A. Taylor has applied for amendment to the Michael A.
Taylor Final Short Plat (City No. Plat Alteration #19-96); and
WHEREAS, pursuant to YMC 1.43.080 (D) this matter is subject to final decision
by the Hearing Examiner; and
WHEREAS, the Hearing Examiner, after public notice, conducted a public
hearing on January 9, 1997, regarding this application and on February 18, 1997
issued his decision (Examiner No. 197-4-1) approving the requested short plat
amendment, and no appeal of this decision was filed during the following fourteen.
days; and
WHEREAS, in order for the Hearing Examiner's decision to be given full and
proper effect it is necessary and also in the best interests of the City that the City
council ratify the Hearing Examiner's decision and authorize the mayor to sign the
revised final plat, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Hearing Examiner's February 18, 1997 decision, a copy of which is
attached to this resolution as Attachment A, is ratified and the mayor is hereby
authorized to sign the revised final short plat of Michael A. Taylor.
ADOPTED BY THE CITY COUNCIL this4! day of rikit,1 • , 1997.
7Mayor Pro -Tem John Puccinelli
ATTEST:
,K16tAx___„..—
City Clerk
DR. MICHAEL TAYLOR
Amended Short Plat
Attachments:
Resolution
Hearing Examiner's Decision
Staff Report
Maps
HEARING
EXAMINER'S
DECISION
•
ATTACIir'ENT A
288QED YEBRUARY 18, 1997
Amendment of Short Plat 96-133) EXAMINER'S DECISION
by Dr.. Michael Taylor )
) City Not UAZO Short Plat X19-96 •
Near 4100 Englewood Ave. ) Examiner No. I97-4-1
)
The Examiner conducted a public hearing on January 9, 1997.
The .staff report presented by Dan Valoff recommended approval of
the short platamendment, except that it recommended denial of the
vacation of right of way in the vicinity of North 42nd Avenue.
Representatives of the applicant attended the hearing. There was
no opposition. The Examiner inspected the property prior to the
hearing.
BU)O(ARY . 01 RECOMMENDATION. The amended short plat is
approved, including vacating right of way .reserved for future
extension of.North 42nd Avenue.
From the view of the site, the matters contained in the
official record, including the staff report, a review of the Yakima
Urban Area Comprehensive Plan, the Yakima Urban Area Zoning
Ordinance, and the City of Yakima Subdivision Ordinance, and from
evidence received at the hearing, the Examiner makes the following:
FINDINGS
1. Applicant. Dr. Michael Taylor.
2. Location and Legal Description. Originally lot 5, plat
of Fieldstone, as recorded in volume DD of plats, page 30, Records
of Yakima County, Washington. Assessor's parcel number 181322-
21451. Lot 5 was subsequently short platted by Short Plat 96-133.
This property is located south of Englewood Avenue, in the vicinity
of 4100 Englewood.
3. Application. Amended two lot short plat.
EXAMINER'S DECISION - 1
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YA .PAA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(809) 248-0706
4. Background. Lot 5 of the plat of Fieldstone was short
platted by Short Plat 96-133, which was recorded August 7, 1996.
That short plat creates lots A and B. It required dedication of
right of way on the west lot lines, for the future possible
extension of 42nd Avenue.
The property owner,. Dr. Michael Taylor, subsequently
committed to sell lot A to Alternative Living Services, Inc. for
development of an assisted living care facility. He now has a
similar commitment from another purchaser to develop a similar
facility on lot B.
During hearings conducted by this Examiner concerning the
living care facility on lot A, questions were raised concerning
access issues, and' whether it was necessary or desirable to provide
for future continuation of 42nd Avenue from the south of this
property north to Englewood.
This amended plat application requests vacation of the
right of way previously dedicated as a condition of short plat 96-
133. This application also revises the east lot line of lot A to
conform with the existing driveway access to Englewood, and' creates4111
reciprocal access easements providing vehicular access for all lots
in the original Fieldstone plat, including these lots A and B, to
utilize existing curb cuts on both Englewood and 40th Avenues.
5. Jurisdiction. Amendment of short plats is governed by RCW
58.17.215, which sets forth the procedure for altering
subdivisions. This section is supplemented by RCW 58.17.330,
dealing with the Hearing Examiner system. The City of Yakima has
adopted the Hearing Examiner system and pursuant to this section
has indicated that the Hearing Examiner's decision is final subject
to appeal to the City Council. This is reflected in YMC
1.43.080(D), in which plat vacations or amendments pursuant to RCW
Chapter 58.17 are final decisions of the Examiner.
4. Nearing Evidence. The only controversial issue is
whether right of way for 42nd should be vacated. City staff
required the right of way to be dedicated as a condition of the
prior short plat. This was a reasonable requirement at that time,
EXAMINER'S DECISION - 2
HEARING EX
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
1509) 248-0706
•
because the future development scheme for lots A and B. was unknown..
When this property had originally been platted as part of
the Fieldstone plat, the initial concept was that lots fronting on
40th would be developed with the medical offices, and then lot 5,
what is now lots A and B, would probably be developed with some
sort of single family residential, perhaps condominiums.
With the subsequent market interest in alternative living
care facilities, Dr. Taylor has clearly established that these lots
will not be developed for residential uses.,. By creating
reciprocal access easements, all of the original Fieldstone lots,
1 through 5, will have commercial access to both 40th and Englewood
Avenues. There will be no burden on the existing residential
neighborhood to the south and west of this property.
In the event the orchard immediately to the west
develops, it has access on both Douglas and Englewood. The current
owner of the orchard is not presently interested in developing it,
is not interested in having 42nd extended from Douglas to
Englewood, and is primarily concerned that whatever happens on the
Taylor property not impede his ability to farm his orchard.
If this appeared likely to develop as residential
property, it would be appropriate to require lots A and B to be
connected by public street to Englewood. Due to the substantial
evidence concerning the actual development possibilities for these
parcels, vacating the right of way is reasonable because it helps
to provide a buffer between the commercial and medical office
activities and the adjacent residentially zoned property.
There is no evidence that the existing residential
neighborhood in the vicinity of 42nd and Douglas requires or will
be benefitted by connecting 42nd to Englewood. That area is fully
developed and well served by the existing street grid.
It is critically important for the city to continue its
efforts to maintain and expand the existing street grid. When the
course of future development is unknown or uncertain, there is a
clear policy preference to develop a grid. That clear policy
preference can appropriately give way in this instance, however,
EXAMINER'S DECISION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
1509) 248-0706
because of the substantial evidence presented that the plat of
Fieldstone will be completely developed with medically related
facilities. This is a substantial change from the time when
Fieldstone was first platted. Imposing reciprocal access easements
requiring that all lots can utilize the existing commercial access
to 40th and Englewood, coupled with recent left turn signal
enhancements of the 40th Englewood traffic signal, justifies
vacating this recently dedicated right of way.
The remainder of the. issues are non -controversial and are
well documented on the amended short plat submitted with this
application.
7. Public Notice. Public notice of the hearing was provided
in accordance with state law and local ordinances.
From the foregoing Findings, the Examiner makes the following:
CONCLUSION8
1. The Examiner has jurisdiction.
2. The proposed amended short plat conforms to the
provisions, goals, and policies of the Yakima Urban Area
Comprehensive Plan, the intent of the Yakima Urban Area Zoning
Ordinance, the Yakima City Subdivision Ordinance, as well as state
law, and will serve the public use and interest, subject to the
conditions set forth below.
3. All notice provisions of the ordinance have been complied
with.
Based upon the foregoing Findings and Conclusions, the
Examiner submits the following:
EXAMINER'S DECISION - 4
•
•
HEARING E
lia
FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0706
•
DBCISI0$
A. Approve this amended short plat, subject to the notes set
forth on the face of the proposed amended short plat dated October
31, 1996.
B. The amended short plat shall be recorded after signature
by an authorized representative of the City Council, as reflected
in a Resolution to be adopted by the City Council.
Respectfully submitted this Iii, day of February, 1997.
EXAMINER'S DECISION - 5
PHILIP A. B
Hearing Examiner
a
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAI(MA. WASHINGTON 98907
(609) 248-0706
STAF?F REPORT
•
•
CITY OF YAKIMA
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
PLANNING DIVISION
January 9, 1997
FILE:
PROPONENT:
REQUEST:
LOCATION:
CONTACT:
UAZO Prel Short Plat #19-96
Dr. Michael Taylor
Amended two lot short plat
Vicinity of 4100 Englewood Avenues
Dan Valoff, Associate Planner (575-6163)
BACKGROUND
The City of Yakima Short Plat Administrator granted preliminary approval for a
two lot short plat of the subject property on July 25, 1996, subject to a number of
conditions which included the dedication of public right-of-way to providefor
the future extension of North 42nd Avenue. The short plat was recorded with
the Yakima County Auditor on August 7, 1996.
On October 10, 1996, the Yakima Hearing Examiner conducted a public
hearing to consider a Class (3) application for Alternative Living Services Inc.
The applicant proposed to locate a 73 unit assisted living facility on Lot "A" of
the approved short plat. As part of the Examiner's findings (9.1) he stated that "it
would be reasonable to substitute reciprocal access easements for 42nd
Avenue (right-of-way)". He continued to state that the issue of access
easements (verses right-of-way) could be dealt with if Dr. Taylor requests an
amendment to the short plat.
The proposed short plat fronts on two streets. North 42nd Avenue is classified
as a local access street. The City Engineer is requesting the dedication of 30
feet of public right-of-way to provide for the future extension of North 42nd
Avenue. Englewood Avenue is classified as a Collector Arterial. The existing
right-of-way on Englewood Avenue is 50 feet..
Public sewer currently serves the property. The sewer line is available from the
existing 8" sewer main located in an easement on the east property line of Lots
"A" & "B" of the proposed amended short plat. Domestic water service is
available to this property from an existing water main located at the south
property line of Lot "B" of the proposed amended short plat. Nob Hill Water
Association has a 6" water main located in Englewood Avenue.
Improvements in the immediate area consist of North 42nd Avenue, a paved
local access street dead -ending at Lot "B" of the proposed amended short plat.
North 42nd Avenue to the south of this short plat is developed with 32 feet of
asphalt paving with curb, gutter and no sidewalk. Concrete curb, gutter, and
sidewalk are located along the frontage of the "37 House" at the southwest
corner of Englewood and North 40th Avenue. Curb, gutter, street lighting, and
sidewalk are not located along the short plat frontage of Englewood Avenue.
Dr. Taylor amended short plat 1
UAZO PREL SHORT PLAT #19-96
JURISDICTION
RCW 58.17.060 requires that short plat alterations which involve public
dedication will be processed under Title 58.17.215 Revised Code of
Washington. The procedure for alterations contained in this section of the Code
describe standing to apply, public notice, and authority of the legislative bodies.
The city council "shall determine the public use and interest in the proposed
alteration and may deny or approve the application for alteration."
Authority for conducting the public hearing for plat alterations was delegated to
the Hearing Examiner in 1993 (Ordinance No. 93-91), pursuant to Yakima
Municipal Code 1.43.080.
LAND USE AND EXISTING ZONING
The amended short plat is located in the R-1, Single -Family Residential zoning
district. The proposed lot sizes meet the minimum lot size in the R-1 zoning
district. Adjacent properties are zoned as shown below and have the following
characteristics:
Location Current Zoning Existing Use
North R-2 Single-family/duplex residential
South R-1 Vacant
West R-1 Orchard/single-family residence
East B-1 Bed & Breakfast/Medical offices
URBAN AREA COMPREHENSIVE PLAN
• The Development Trends Map designates this area as being Urban.
• Assure that future development be compatible with existing uses. This shall
be accomplished by requiring that future development not involve any
activity which will cause degradation of existing land uses or degrade the
health, safety or welfare of current residents of the area. (OLU-1)
STATE ENVIRONMENTAL POLICY ACT
The amended short plat is exempt from additional review under the State
Environmental Policy Act since it is below the City of Yakima flexible threshold
established in Section 6.88 of the Yakima Municipal Code.
DEVELOPMENT SERVICES TEAM
Comments from the Development Services Team were requested regarding
this proposal by November 27, 1996. The significant comments received are as
follows:
Engineering Division: The right of way dedicated by the recorded short plat for
the extension of 42nd Avenue should not be rescinded but maintained as right
of way future street extension.
The frontage improvements as required along Englewood Avenue should be
consistent with the previous short plat.
Dr. Taylor amended short plat 2
UAZO PREL SHORT PLAT #19-96
•
•
Utilities: City domestic water is available to Lot "B" only from the 12" main in the
south property line. No City water .available to Lot "A" with a water main
extension. Sanitary sewer is available to Lot "A" and the northeast corner of Lot
"B" from a 8" main in the east property line utility easement. Sewer is also
available to lot B from the sewer main in. N. 42nd Avenue and Douglas Drive,
southwest corner of proposed short plat of Lot "B".
Water/Irrigation: An 8" water main is located on 44th Avenue, and a 12" on
Douglas. Vacating this easement could restrict development of structures
requiring large fire flows. Would need main to run in existing easements to loop
back to Englewood. No main in Englewood now, but have plans to put in main
in the future.
No other comments were received.
PUBLIC NOTICE
Notice of this hearing was accomplished in following manner:
Legal ad published
Adjoining property notices mailed
Posting of Property.
December 27, 1996
December 27, 1996
December 27, 1996
All property owners within the short plat have been notified of this hearing,
pursuant to Revised Code of Washington 58.17.215.
FINDINGS
The Division of Environmental Planning has reviewed this application and
offers the following findings:
1. The proposed amended short plat meets the requirements of the City of
Yakima Subdivision Ordinance for conformance with design standards. The
resulting lots conform to all minimum standards. This is consistent with the
Urban Area Zoning Ordinance and the Yakima Comprehensive Plan.
2. Public utilities are currently in place. The need for the dedication of public
right-of-way to provided for the future extension of North 42nd Avenue is
necessary in order to maintain the integrity of the City's street grid system.
3. All requirements for public notice and procedures for plat alterations
specified in the Revised Code of Washington, Title 58.17.215 and the City
Subdivision Ordinance have been complied with.
4. The application contains the signatures of all property owners with an
interest in the lots subject to the amended short plat
5. Comments received from the Development Services Team, composed of city
and private or public utility providers, were considered by the Planning Division
in this matter.
6. The stated purpose of this amended short plat is to vacate and rescind the 30
Dr. Taylor amended short plat 3
UAZO PREL SHORT PLAT #19-96
foot right of way dedication for 42nd Avenue along the west property line;
vacates the ten foot public sewer easement along the common lot line between
Lots 4 & 5 in the Plat of Fieldstone; and, incorporates a boundary line
adjustment between Lots 1 and 5 in the Plat of Fieldstone.
7. The Revised Code of Washington 58.17.215 states that
"after approval of the alteration, the legislative body shall order the
applicant to produce a revised drawing of the approved alteration of the
final plat, which after the signature of the legislative authority, shall be
filed with the County auditor to become the lawful plat of the property."
Should the Examiner recommend approval of the requested amended short
plat, a revised final plat must be prepared, signed by a representative of the
legislative body, and then recorded with the Yakima County Auditor. This
revised plat will then replace the existing short plat ofrecord.
RECOMMENDATION
The City of Yakima Department of Community & Economic Development has
reviewed the application and recommends the amended short plat be
approved subject to the following conditions:
1. The dedication of public right-of-way to provide for the future extension of
North 42nd Avenue be retained.
2. The proposed 24 foot east -west access and utility easement reserved for the
benefit of Lot A & B and Lots 1 through 4 of the Plat of Fieldstone is appropriate.
Dr. Taylor amended short plat 4
UAZO PREL SHORT PLAT #19-96
MAPS
•
U
e
•
•
R
•
B-1
MN
-----R--fir
1t
R-2
a
Z
CITY OF YAKIMA, WASHINGTON
Information Services - GIS
FILE NO: UAZO PRE SHT PLAT#19-96
APPLICANT: DR. MICHAEL TAYLOR
REQUEST: AMENDED 2 LOT PRELIMINARY
SHORT PLAT
LOCATION: VICINITY OF 4108 ENGLEWOOD
S - lin loon
0
100
200
Subject Property
- - - Zoning Boundary
Yakima City Limits
ILY OR 12)26/96
ENCaLew000 Avev4uE
gr'Sr••••6 sz•r Pte►•®Mcsv>;
`•• ,..06 //Id.4.
w4 nN2
4 6
s
if
20'
325.22
263.99
IA U �f�;• LOT 1
70607 SO. FT.
d
2. �•q .•C•• S�Sevas♦ +l �� �� 1.62 ACRES
1.-- 11 \t‘
it\ 0"
Ir P.s.1_� 1„_•-9 �•' cava
•43 CCR
tun �"1 , 1 �'iui d N 3007'43' E
1� ,•� I wt� i.slts A9816 20.53
•368.9r' '„00
�� ;al 19.81
r �1 l
r;
3482 10
to 8
M
LOT 2
29324 SQ. rr
0.87 ACRES
FIELDSTONE
NE 1/4, NW 1/4 SEC. 22, T-13 N., R•>LLH
ISO
3C.A1.t : 1 • al % a
;:p20POSao iMoRT. P' `*V.'0F
c:V::.r 1.0 4 FIWLDSTQw1@:Ik.re.
•:.NOTES
lir P3.o 1
1e�'AU—.i
LOT 4 nary 1 I �.
I w 83054 SO. FT.
S_ 1.21 ACRES
8!'.4.20' E
30.00 t
00'41.43' 1 1
00
PAtlIfIii3Or"ee"Et I WWa. V.
L44 L_ I
QAB 1
y►r..,
N 6934'20- E — 650.33
LOT 3
29881 S0 FT.
0.68 ACRES
V P.V. fsr ? atCO O
MIS. rat NO. II$10a7
NO WIC I ST I,J Cit 15U11.00;001:-
04 'yrs
5u11.0jii00j.o4'1TFs
Ave gACoe S,1 a Qtl*•AOG
I.ESs 'm4%1 IS`✓v
e..aR.aeO.P®viER
AwN41 histyrt1 s.10E eiMswoor
cc Zi•
o Z ove1Zl1eAA Ti1x1' iota : ,00.446 ..
r.. •. So.rr14 g►pC
RECEIVED
JUN 2 01996
CITY OF YAKIM
PLANNING DIV
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: March 4. 1997
ITEM TITLE: Resolution authorizing the Mayor to sign the amended Michael Taylor
Final Short Plat.
SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Econ
Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575-61 •3
SUMMARY EXPLANATION:
On January 9, 1997 the Hearing Examiner conducted a public hearing regarding an
Amendment to the Michael Taylor Final Short Plat located in the vicinity of 4100
Englewood Avenue. The Hearing Examiner Ordinance, Yakima Municipal Code
1.43.080(D), delegates the Hearing Examiner final authority on plat alterations. The
Hearing Examiner issued his decision approving this short plat amendment on
February 18, 1997.
The attached resolution authorizing the Mayor to sign the amended final short plat.
Resolution X Ordinance_ Contract _ Other (Specify Hearing Examiners decision. staff
report. amended plat drawing, vicinity map.
Funding Source
c
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to sign the
amended short plat.
BOARD RECOMMENDATION: Hearing Examiner's decision is to approve amended
short plat.
COUNCIL ACTION: