HomeMy WebLinkAboutR-1991-D5880 United Builders / Hearing Examiner•
•
RESOLUTION NO .D 5 8 8 0
A RESOLUTION approving the preliminary plat and preliminary
subdivision submitted by United Builders of
Washington (Suncrest II) for 27 lots at South
28th Avenue, South of Mead Avenue, subject to all
of the conditions contained in the Hearing Exami-
ner's Recommendations; and authorizing the Mayor
to sign the preliminary plat.
WHEREAS, on January 16, 1991, the Hearing Examiner held a
public hearing to consider the application by United Builders
of Washington for a preliminary plat and preliminary subdivi-
sion approval for 27 lots at South 28th Avenue, South of Mead
A\enue, said subdivision to be entitled Suncrest II; and
WHEREAS, as a result of that hearing, the Hearing Examin-
er recommended to the City Council that the preliminary plat
and preliminary subdivision be approved subject to certain
conditions; and
WHEREAS, at its public meeting on February 26, 191, each
Council member declared that they had no contact with either
the applicant or opponents of this preliminary plat, and the
CitN, Council determined that the recommendation of the Hearing
Examiner should be adopted, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA"
The Hearing Examiner's recommendation that the Suncrest
II preliminary plat and preliminary subdivision be approved is
hereb), adopted, and the Yakima City Council hereby adopts the
Findings and Conclusions of the Hearing Examiner's Recommenda-
tion, City No. UAZO Sub/Prel-m. Plat #1-90, Examiner No.
191-4-1, a true copy of which recommendation is attached
hereto as Exhibit "A" and incorporated by reference herein.
The Yakima City Council finds that the proposed subdivision
complies with the City of Yakima Zoning and Subdivision titles
along with other applicable City land use controls. The Mayor
(res'untdbld.rp)
1
is hereby authorized to sign the preliminary plat, subject to
the conditions recommended by the Hearing Examiner.
ADOPTED 131 THE CITY COUNCIL this 26th day of February ,
1991.
ATTEST
A°6-6-0,4ple-hl_c___
City Clerk
2
(res/untdbld.rp)
•
• RECEIVED
EXHIBIT A
Subdivision Application by )
)
UNITED BUILDERS OF
WASHINGTON (SUNCREST II) )
for 27 Lots at South 28th )
Avenue, South of Mead.
JAN 3 01991
CITY OF YAM
SUMMARY OF PLANNING DIV
EXAMINER'S RECOMMENDATION
City No. UAZO SUB/PRELIM.
PLAT #1-90
Examiner No. 191-4-1
This summary of the Hearing Examiner's recommendation provides complete details of the actual
conclusions and decision, but does not include all of the findings or reasoning involved. You may obtain a
complete copy of the recommendation, free of charge, by calling the City Planning Department at 575-6113.
SUMMARY
Applicant: United Builders of Washington.
Type of Application: Subdivision.
Location: West Mead and South 28th Avenue. Yakima
County Assessor's Parcel No. 181335-22408.
Date Decision Filed: January 30, 1991.
Current Land Use: Vacant.
Proposed Land Use: 27 lot, single-family subdivision.
Current Zone: Single -Family Residential (R-1).
Decision:
gONCLU$ION8
1. The proposed subdivision conforms with the goals and
policies of the Yakima Urban Area Comprehensive Plan, the intent of
the Yakima Urban Area Zoning Ordinance, the provisions of the
Yakima Municipal Subdivision Ordinance, Title 14, and will serve
the public use and interest, subject to the conditions set forth in
the Recommendation below.
RECOMMENDATION
Approval of the proposed subdivision subject to the following
conditions:
1. All lots shall be served with public sewer and domestic
water.
EXAMINER'S SUMMARY - 1
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0706
2. Fire hydrants shall be provided and installed by the
developer at locations and to the specifications of the City of
Yakima Fire Marshal.
3. Allpublic and private utilities shall be underground.
4. Final lot dimensions and lot area shall substantially
conform with the preliminary plat.
5. Storm water drainage facilities to accommodate run-off
generated within the plat must comply with a drainage facilities
plan approved by the City Engineer.
6. Utility easements shown on the preliminary plat shall be
provided at such locations as specified by utility providers.
7. A method of dust control during the construction phases
shall be submitted to, and approved by, the Yakima County Clean Air
Authority. A written copy of their approval shall be submitted to
the Planning Department prior to construction of any work phase.
The developer shall designate a responsible party for contacts
during working hours regarding alleged air quality violations.
8. The following notes shall be placed on the final plat:
A. "Lots 10, 22, and 24 are approved with lot widths
less than the standard of 60 feet at the building setback (YMC
14.30.040) and are considered buildable lots."
B. "No lots shall have direct access onto Mead Avenue."
9. Dedication of five feet of frontage along Mead Avenue for
road improvement purposes.
10. City Engineer- approval of water, sewer, and irrigation
line plans, specifications and easements, and drainage facilities
for the public streets.
11. Public dedication and City Engineer approval of road
plans in conformance with the preliminary plat, showing:
A. A total of 42 feet of right-of-way will be required
for the cul-de-sacs, as indicated on the preliminary plat, to
be improved with rolled curb, sidewalks on one side of the
street and the road centered within the right-of-way.
B. South 28th Avenue shall be developed with a minimum
of 50 feet of right-of-way, sidewalk on one side, full height
curb and a barricade placed at its southern terminus, until
such time it is extended southward. Full dedication of right-
of-way to the property line is required.
EXAMINER'S SUMMARY - 2
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKDAA
POST OFFICE BOX 4
YA 4.MA. WASHINGTON 98907
(509) 74R-0706
C. Mead Avenue shall be improved with sidewalk and
street surfacing along the frontage of this site.
12. Public Works approval of street lighting plan.
13. A barricade shall be placed at the terminus of South 28th
Avenue until such time that the public road is extended. Barricade
design shall conform with approved traffic control design
standards, and shall be installed at the time of construction of
the street. A chain link fence shall be placed behind the
barricade to discourage trespassing upon adjoining property.
14. Road signs shall be supplied by the developer.
15. The final plat shall be in substantial conformance with
the preliminary plat under review (dated January 7, 1991), with
respect to lot sizes, layout, road alignment and design, utility
placement and easements, street lights, -.fire hydrants and
sidewalks.
Examiner:
EXAMINER'S SUMMARY - 3
NEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
po$T OFFICE BOX 4
YAKMA. WASHINGTON 95907
(509) 248-0706
Subdivision Application by )
UNITED BUILDERS OF
for 27 Lots at South 28th )
Avenue, South of Mead.
WASHINGTON (SUNCREST II)
EXAMINER'S :RECOMMENDATION
City No. UAZO SUB/PRELIM.
PLAT #1-90
Examiner No. 191-4-1
United Builders of Washington has applied for preliminary plat
approval and subdivision review of a 27 lot, single-family
subdivision entitled Suncrest II. A public hearing was conducted
on January 16, 1991. The staff report presented by Ms. Joan
Davenport recommended approval. The Examiner inspected the
property prior to the hearing.
This decision constitutes a recommendation to the Yakima City
Council, supported by written Findings and Conclusions, pursuant to
YMC Ch.14.25.110(b).
SUMMARY OF RECOMMENDATION. This 27 lot, single-family
subdivision should be approved.
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, the Subdivision Ordinance and statute, YMC Title 14 and
RCW Ch.58.17, and from evidence received
Examiner makes the following:
FINDINGS
1. United Builders of Washington.
West Mead and South 28th Avenue.
at the hearing, the
Applicant.
2. Location.
Yakima
County Assessor's Parcel No. 181335-22408.
3. Application. Subdivision. This is basically the same
proposal that 'the Board of County Commissioners approved on
March 27, 1985. Under RCW 58.17.140 the final plat has to be failed
within three years of preliminary plat approval. Because the
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
GIT' AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAKMA. WASHINGTON 98907
(S09)248-0706
applicant did not do that, the project is being reviewed again. In
1988 this area was annexed into the City.
4. Legal Description.
Lot 4 of that certain Short Plat No. 85-12 as
recorded under Auditor's File No. 2725510,
records of Yakima County, Washington.
5. Jurisdiction. This application for preliminary
subdivision approval comes before the Hearing Examiner pursuant to
YMC 14.25.110, which by its terms requires review of a proposed
subdivision by the Planning Commission, which then makes a
recommendation to the City Council. The role of the Planning
Commission has been supplanted by the Hearing Examiner pursuant to
adoption by the City Council of the Hearing Examiner Ordinance.
Section 1.43.080(b) of that ordinance directs the Examiner to
review preliminary plats subject to the provisions of the
subdivision ordinance, YMC Title 14.
The controlling state law is RCW Ch.58.17, dealing with plats,
subdivisions, and dedications. All subdivisions have to comply
with this chapter together with local regulations enacting this
chapter. YMC 14.25.120 tracks RCW 58.17.100, and lays out the
procedure for acting upon the subdivision. After receiving the
Hearing Examiner's recommendation, the City Council at its next
public meeting sets the date for a public meeting where it may
adopt or reject the recommendation. After considering the matter
at a public meeting, if the Council wishes to change the
recommendation, the change shall not be made until the Council
conducts a public hearing and adopts its own recommendations and
approves or disapproves the preliminary plat.
Factors to be considered in approving subdivisions are set
forth in YMC 14.25.110. The ordinance has not been amended since
the 1989 and 1990 revisions to RCW 58.17.110, the parallel state
law. Since it is required by state law, the requirements of
RCW 58.17.110 were included in the review by staff and will be
included in this recommendation, even though not reflected in the
local ordinance.
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
6. Land Use and Zoning. This parcel is vacant and zoned
Single -Family Residential (R-1). Adjacent properties have the
following characteristics:
Location Zoning Existing Use
North of Mead Avenue R-1 Single-family
South of site R-1 Field, single-family homes
East of site R-1 Vacant field, single-family
West of site R-1 Kissel Park (vacant
7. Proposed Subdivision Specifications.
Total Area - 6.29 acres.
Number of Lots/Densi'ty - 27 lots/5.53 dwelling units per net
residential acre. Density of the surrounding neighborhood is
approximately 4 units per acre.
Lot Size - Minimum lot size: 7,000 square feet; average lot
size: 7,900 square feet.
Water Supply - City of Yakima.
Sewage Disposal - City of Yakima.
Storm Water Drainage - Drywells.
Type of Housing - Single-family.
Utility Easements -• Eight feet.
Streets - South 28th Avenue and the two cul-de-sacs will be
dedicated and improved to public street standards. The two cul-de-
sacs will. have 42 feet of right-of-way, roiled curb, sidewalkon
one side, and the road will be centered within the right-of-way.
South 28th Avenue will have 50 feet of right-of-way, sidewalk
on one side, full height barrier curb, and a barricade in
conformance with traffic control regulations placed at its southern
terminus.
Five feet of frontage along Mead Avenue will be dedicated for
road improvement purposes, and Mead Avenue will be improved with
sidewalk and street surfacing along the frontage of this site.
Street Lights - Five street lights will be provided, three on
South 28th and one at the end of each cul-de-sac.
Sidewalks - Sidewalks within the plat shall be four feet wide
and six inches thick. Sidewalks will be provided on the east side
of South 28th, on the north side of the south cul-de-sac, on the
EXAMINER'S RECOMMENDATION - 3
HERRING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA.'WASHINGTON 98907
(509) 248-0706
north side of the north cul-de-sac, and along Mead. The sidewalks
along Mead will be five feet wide.
8. subdivision Design Requirements. YMC Chapter 14.30 sets
forth design requirements, which are set forth below:
Chapter Standard
14.30.020 Comprehensive plan --complies.
14.30.030 Zoning ordinance --complies.
14.30.040 Double frontage lots --these lots are only
permitted where determined by the council to
be essential to provide separation of
residential lots from major and secondary
arterial streets, high intensity land uses, or
to overcome specific disadvantages of
topography or parcel configuration. When
double frontage lots are used, access shall be
limited to only one of the fronting streets.
Lots 1, 26, 25, and 24 are double frontage
lots, fronting on both Mead Avenue and the
interior residential access streets. For each
of these lots no access will be permitted to
Mead Avenue.
Lots 27, 21, 7, and 14 are interior double
frontage lots because of their location on
South 28th and one of the two cul-de-sacs.
With respect to these four lots each lot will
be permitted to have only one access, to
either South 28th or the cul-de-sac.
Allowing these eight double frontage lots
allows design flexibility relative to parcel
configuration.
14.30.040(2) Access to dedicated public street --complies.
14.30.040(3)
60 foot minimum lot width at building setback
line required --Lots 10, 22, and 24 do not
comply, because of their location on the cul-
de-sacs and resulting pie shape. Each of
these lots have approximately a 50 foot lot
width at the building setback, and according
to staff and the applicant are considered as
buildable lots. The lot width at the street
ranges from approximately 25 feet to 30 feet,
which is more than the 20 foot required
minimum. A two -car driveway will take up most
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF VAKIMA
POST OFFICE BOX 4
YAK IMA. WASHINGTON 98907
(S09)248-0706
of the street frontage of the :lot, meaning
that adjacent driveways will be quite close,
causing some impairment of cars backing out of
driveways. Since these occur into cul-de-sacs
with limited traffic, it should not be a
problem.
14.30.050 Block design --complies.
14.30.060 Utility easement design --complies.
14.30.070 Street design --complies.
14.30.080 Sidewalk design --complies.
14.30.090 Street lighting --complies.
9. Yakima Urban Area Comprehensive Plan. This project
would result in a residential density of 5.53 dwelling units per
net residential acre, which is categorized by the plan as moderate
density residential (Plan, OLU-8). The surrounding neighborhood
has a residential density of approximately 4 units per acre, so
this represents a significant increase. Testimony at the hearing
from concerned neighbors reflected concern about the type and price
of housing to be constructed. John Strosahl, a principal in United
Builders, indicated that they would probably be $80,000.00 plus
houses, with 1,200 to 1,800 square feet.
One of the important goals of the plan is to encourage a
variety of decent, safe, and sanitary housing. One of the
supporting policies is to encourage a mixture of housing types and
densities throughout the urban area. This project is consistent
with the comprehensive plan.
10. Yakima Urban Area Zoning Ordinance. The :intent of the
R-1 zone is to establish and preserve residential neighborhoods for
detached single-family dwellings and to locate moderate density
residential development, up to seven dwelling units per net
residential acre, in areas served by public water and sewer. The
density in the R-1 zone is generally seven dwelling units per net
residential acre or less. The R-1 zone is characterized by 45
percent lot coverage, access to individual lots by local access
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CITY ANO COUNTY OF YAKIMA
POST OFFICE BOX 4
VAX V.A. WASHINGTON 98907
(509) 248-0706
streets, large front, rear and side yard setbacks, and one- and
two-story structures. This proposal is consistent with the zoning
ordinance.
11. Compliance with RCW 58.17.110. In 1989 this section was
amended by the Legislature to include consideration of sidewalks
and other planning features that assure safe walking conditions for
students who walk to and from school. In 1990 the Growth
Management Act again amended this section, requiring a positive
finding by the municipality that a number of factors had been
considered, that appropriate provisions were made for those issues,
and that the public use and interest would be served by the
subdivision. To the extent not otherwise covered above, those
issues will now be reviewed.
Transit Stops. This subdivision can be served by transit
service on Mead Avenue, as determined in a discretion of the
transit division. The improvement of Mead with curb, gutter, and
sidewalk on the south side along this subdivision will facilitate
installation of a transit stop in the future if it is deemed
justified by the transit division.
Parks and Recreation/Playgrounds. This subdivision is
directly east of the City's undeveloped Kissel Park, which provides
a substantial amount of open space and significant opportunity for
future development.
Schools and School Grounds. This subdivision did not
generate any concern or comment from the Yakima School District.
Based upon the foregoing, appropriate provisions are made for
the public health, safety, and general welfare and for such open
spaces, drainage ways, streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools and school grounds, sidewalks and
other planning features that assure safe walking conditions for
students who only walk to and from school. The public use and
interest will be served by the platting of this subdivision and
dedication.
12. Environmental Review. A Determination of Non -
EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VAX IMA
POST OFFICE BOX 4
YAK MA, WASHINGTON 98907
(509) 248-0706
significance was issued by the Yakima County on January 30, 1985,
for the original plat proposal. On January 9, 1991, the City of
Yakima incorporated the previous environmental review by addendum
for this proposal.
13. Notice. Public notice of the hearing was providedin
accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has ;jurisdiction.
2. The proposed subdivision conforms with the goals and
policies of the Yakima Urban Area Comprehensive Plan, the intent of
the Yakima Urban Area Zoning Ordinance, the provisions of the
Yakima Municipal Subdivision Ordinance, Title 14, and will serve
the public use and interest, subject to the conditions set forth in
the Recommendation below.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approval of the proposed subdivision subject to the following
conditions:
1. All lots shall be served with public sewer and domestic
water.
2. Fire hydrants shall be provided and installed by the
developer at locations and to the specifications of the City of
Yakima Fire Marshal.
3. All public and private utilities shall be underground.
4. Final lot dimensions and lot area shall substantially
conform with the preliminary plat.
5. Storm water drainage facilities to accommodate run-off
generated within the plat must comply witha drainage facilities
plan approved by the City Engineer.
6. Utility easements shown on the preliminary plat shall be
provided at such locations as specified by utility providers.
7. A method of dust control during the construction phases
shall be submitted to, and approved by, the Yakima County Clean Air
EXAMINER'S RECOMMENDATION - 7
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
Authority. A written copy of their approval shall be submitted to
the Planning Department prior to construction of any work phase.
The developer shall designate a responsible party for contacts
during working hours regarding alleged air quality violations.
8. The following notes shall be placed on the final plat:
A. "Lots 10, 22, and 24 are approved with lot widths
less than the standard of 60 feet at the building setback (YMC
14.30.040) and are considered buildable lots."
B. "No lots shall have direct access onto Mead Avenue."
9. Dedication of five feet of frontage along Mead Avenue for
road improvement purposes.
10. City Engineer approval of water, sewer, and irrigation
line plans, specifications and easements, and drainage facilities
for the public streets.
11. Public dedication and City Engineer approval of road
plans in conformance with the preliminary plat, showing:
A. A total of 42 feet of right-of-way will be required
for the cul-de-sacs, as indicated on the preliminary plat, to
be improved with rolled curb, sidewalks on one side of the
street and the road centered within the right-of-way.
B. South 28th Avenue shall be developed with a minimum
of 50 feet of right-of-way, sidewalk on one side, full height
curb and a barricade placed at its southern terminus, until
such time it is extended southward. Full dedication of right-
of-way to the property line is required.
C. Mead Avenue shall be improved with sidewalk and
street surfacing along the frontage of this site.
12. Public Works approval of street lighting plan.
13. A barricade shall be placed at the terminus of South 28th
Avenue until such time that the public road is extended. Barricade
design shall conform with approved traffic control design
standards, and shall be installed at the time of construction of
the street. A chain link fence shall be placed behind the
barricade to discourage trespassing upon adjoining property.
14. Road signs shall be supplied by the developer.
EXAMINER'S RECOMMENDATION - 8
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
15. The final plat shall be in substantial conformance with
the preliminary plat under review (dated January 7, 1991), with
respect to lot sizes, layout, road alignment and design, utility
placement and easements, street lights, fire hydrants and
sidewalks.
DATED this 3Q day of January, 1991.
Hearing Examiner
EXAMINER'S RECOMMENDATION 9
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAK MA, WASHINGTON 98907
'509) 248-0706
H.E.
RECOMMENDATION
OFFICE OF HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
PHILIP A. LAMB
311 NORTH THIRD STREET, P.0 BOX 4 509) 248-0706
YAKIMA. WASHINGTON 98907
January 30, 1991
Don Skone, Planning Manager
City of Yakima
Planning Division
129 N. 2nd Street
Yakima, WA 98901
RE: UNITED BUILDERS OF WASHINGTON (SUNCREST II)
City No. UAZO SUB/PRELIM. PLAT #1-90
Examiner No. I91-4-1
Dear Don:
RECEIVED
JAN 301991
CITY OF YAKIMA
PLANNING DIV.
Enclosed is my Examiner's Recommendation on the above matter,
which was heard January 16, 1991.
Sincerely,
Philip A. Lamb
Hearing Examiner
PAL/bf
Enc.
cc w/enc: Mr. Steven Erickson
Mr. Graham Tollefson
Subdivision Application by )
UNITED BUILDERS OF
WASHINGTON (SUNCREST II) )
for 27 Lots at South 28th )
Avenue, South of Mead.
SUMMARY OF
EXAMINER'S RECOMMENDATION
RECEIVED
JAN 3 01991
OF CITY YA,w./.
PLANNING Dl,,
City No. UAZO SUB/PRELIM.
PLAT #1-90
Examiner No. I91-4-1
This summary of the Hearing Examiner's recommendation provides complete details of the actual
conclusions and decision, but does not include all of the findings or reasoning involved. You may obtain a
complete copy of the recommendation, free of charge, by calling the City Planning Department at 575-6113.
SUMMARY
Applicant: United Builders of Washington.
Type of Application: Subdivision.
Location: West Mead and South 28th Avenue. Yakima
County Assessor's Parcel No. 181335-22408.
Date Decision Filed: January 30, 1991.
Current Land Use: Vacant.
Proposed Land Use: 27 lot, single-family subdivision.
Current Zone: Single -Family Residential (R-1).
Decision:
CONCLUSIONS
1. The proposed subdivision conforms with the goals and
policies of the Yakima Urban Area Comprehensive Plan, the intent of
the Yakima Urban Area Zoning Ordinance, the provisions of the
Yakima Municipal Subdivision Ordinance, Title 14, and will serve
the public use and interest, subject to the conditions set forth in
the Recommendation below.
RECOMMENDATION
Approval of the proposed subdivision subject to the following
conditions:
1. All lots shall be served with public sewer and domestic
water.
EXAMINER'S SUMMARY - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE SOX 4
YAKIMA. WASHINGTON S8907
(509) 248-0705