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HomeMy WebLinkAboutR-1991-D6025 Suncrest II / Hearing Examiner- RESOLUTION NO. D' 6 0 2 5 A RESOLUTION approving the Suncrest II final plat and subdivision submitted by United Builders of Washington for 27 lots at South 28th Avenue, South of Mead Avenue, subject to all of the conditions contained in the Hearing Examiner's Recommendation; and authorizing the Mayor to sign the final plat for Suncrest II. 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 Avenue, said subdivision to be entitled Suncrest II; and WHEREAS, on February 26, 1991, the City Council approved the preliminary plat and preliminary subdivision, subject to certain conditions, and adopting the recommendations of the Hearing Examiner; and WHEREAS, at its public meeting on November 12, 1991, each Council member declared that they had no contact with either the applicant or opponents of this final plat, and the City Council determined that the final plat of Suncrest II conforms to the conditions of preliminary plat approval,applicable state laws, and that the final plat meets the requirements of Title 14 of the Yakima Municipal Code at the time of prelimi- nary plat approval, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor is hereby authorized to sign the final plat for Suncrest II. This final plat approval is expressly made. subject to the conditions contained in Hearing Examiner's Recommendation, City No. UAZO Sub/Prelim. Plat #1-90, Examiner No. I91-4-1, a true copy of which recommendation andcondi- tions is attached hereto as Exhibit "A" and incorporated by reference herein. The final plat for Suncrest II shall be filed for record immediately, or as soon as possible, by the subdivider in the Yakima County Auditor's Office, and the subdivider shall be responsible for all filing fees. (res/suncrest.rp) ADOPTED BY: ;c1TY- COUNCIL this /9 day of .;„ 1991. ATTEST: xefr_o_x_4)/ City Clerk ( res/suncrest . rp) clitt V5e)c,i4d, - 2 - Mayor EXHIBIT A Subdivision Application by ) UNITED BUILDERS OF WASHINGTON (SUNCREST II) ) for 27 Lots at South 28th ) Avenue, South of Mead. RECEIVED JAN 301991 cgY OF YAM�:i. SUMMARY OF PLANNING D. EXAMINER'S RECOMMENDATION City No. UAZO SUB/PRELIM. PLAT 41-90 Examiner No. 191-4-1 This sumary of the Nearing Examiner's recosniercWtion provides complete details of the actual conclusions and decision, but does not include alt of the findings or reasoning involved. You may obtain a complete copy of the reccmrendation, free of charge, by calling the City Planning Department at 575-6113. Applicant: Type of Application: Location: Date Decision Filed: Current Land Use: Proposed Land Use: Current Zone: Decision: SUMMARY United Builders of Washington. Subdivision. West Mead and South 28th Avenue. Yakima County Assessor's Parcel No. 181335-22408. January 30, 1991. Vacant. 27 lot, single-family subdivision. Single -Family Residential (R-1). 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. water. All lots shall be served with public sewer and domestic EXAMINER'S SUMMARY - 1 on F HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 1509) 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. All public and private utilities shall be underground. 4. Final lot dimensions and lot area shall substantially conform with the preliminary plat. S. 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: J. "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." 13. "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 NEARING EXAMINE! FOR THE CITY AND COUNTY OF Y. POST OFFICE BOX 4 YA (NA. WASHINGTON 913907 (509) '.4R-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 HEARING EXAMNER FOR THE CITY ANO COUNTY OF YAKIMA POST OFFICE 80X 4 YAKIMA. WASHINGTON 9890T C509)248-0706 Subdivision Application by ) EXAMINER'S RECOMMENDATION UNITED BUILDERS OF WASHINGTON (SUNCREST II) ) City No. UAZO SUB/PRELIM. PLAT 11-90 for 27 Lots at South 28th ) Examiner No. 191-4-1 Avenue, South of Mead,. 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 .2!5.110 (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 at the hearing, the Examiner makes the following: FINDINGS 1. Applicant. United Builders of Washington. 2. Location. West Mead and South 28th Avenue. 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 filed within three years of preliminary plat approval. Because the EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAM POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 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 CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (S09) 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. Rroposed Subdivision Specifications. Total .Area - 6.29 acres. Number of Lots/Density - 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, rolled curb, sidewalk on 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 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE Sox 4 YAKMA. WASHINGTON 98907 (509) 2480706 • rf . • 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 14.30.030 14.30.040 14.30.040(2) 14.30.040(3) Comprehensive plan --complies. Zoning ordinance --complies. 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. Access to dedicated public street --complies. 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 CITY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 1509) 248-0706 14.30.050 14.30.060 14.30.070 14.30.080 14.30.090 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. Block design --complies. Utility easement design --complies. Street design --complies. Sidewalk design --complies. 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 AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (S09/ 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 YAKIMA POST OFFICE BOX 4 YAKtr(A. 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 provided in 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 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 EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINE? FOR THE CITY AND COUNTY OF Y, 4 POST OFFICE BOX 4 YAKMA. 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.* 8. "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. 8. 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 CITY 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 10 _ day of January, 1991. Hearing Examiner EXAMINER'S RECOMMENDATION - 9 HEARING EXAMINE FOR THE CITY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 '509) 248-0706