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HomeMy WebLinkAboutR-1995-135 Twenty-Two lot subdivisionA RESOLUTION RESOLUTION NO. R-95- 135 concerning the application submitted by Tim Monahan on behalf of Earl F. Pratt, for a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue, City No. UAZO Preliminary Long Plat #1-95: approving the preliminary long plat, subject to certain conditions. WHEREAS, pursuant to chapter 14.20 YMC, the Hearing Examiner held a public hearing on June 22, 1995, which was continued to and concluded on July 7, 1995, to consider the application, City Number UAZO Preliminary Long Plat #1-95, submitted by Tim Monahan on behalf of Earl F. Pratt for a twenty-two lot subdivision of approx- imately 3.4 acres south of West Mead Avenue and west of South 24th Avenue; and WHEREAS, on July 8, 1995 the Hearing Examiner issued his Examiner's Recommendation, Examiner's No. I95-4-30, recommending approval of the proposed subdivision subject to several conditions; and WHEREAS, the proposed subdivision conforms with the City of Yakima Zoning Title, YMC 14.25.110, and other applicable land use controls; and WHEREAS, at its public meeting on September 5, 1995, the City Council deter- mined by motion that the Recommendation of the Hearing Examiner should be af- firmed and adopted, and each Council member declared that he or she had no contact with either the applicant or opponents of this preliminary plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council hereby affirms and adopts the Findings and Conclu- sions and recommended conditions of the Hearing Examiner's Recommendation, Examiner's No. I95-4-30, a true copy of which Examiner's Recommendation is attached hereto as "Exhibit A" and is incorporated herein by reference. City Council finds formally that, as a matter of fact, the application, City Number UAZO Preliminary Long Plat #1-95, for a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue submitted by Tim Monahan on behalf of Earl F. Pratt conforms with the requirements of City of Yakima Zoning Title, chapter. 14.25 YMC, and other applicable land use controls. All approvals and find- ings of compliance expressed by this resolution are specifically conditioned on the pertinent matters included among the Findings and Conclusions and recommended conditions of the Hearing Examiner's Recommendation. Subject to conditions stated herein, preliminary plat approval of a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue, submitted by Tim Monahan on behalf of Earl F. Pratt, City No. Preliminary Long Plat #1-95, as repre- lap/land use/subdivision/platting/monahan\pratt - emery lane/prelim plat res 9/30/96 11:47 AM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95 RESOLUTION APPROVING PRELIMINARY PLAT -- Page 1 sented by the Emery Lane Subdivision, General Site Plan drawing (also identified as sheet GS1.0), and the Preliminary Plat Layout drawing (also identified as sheet PP1.0), both prepared by Tim Monahan, Architect, and dated August 3, 1995, is granted. ADOPTED BY THE CITY COUNCIL this 19til day of September, 1995. ATTEST: Mayor City Clerk An error was recognized in this resolution on the date of public meeting. It was corrected to reflect the September 5, 1995 public meeting. LLG iiL ^I� lap/land use/subdivision/platting/monahan\pratt - emery lane/prelim plat res 9/30/96 11:47 AM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PIAT #1-95 RESOLUTION APPROVING PRELIMINARY PLAT -- Page 2 RESOLUTION NO. R-95- / 3s' A RESOLUTION concerning the application submitted by Tim Monahan on behalf of Farl F. Pratt, for a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue, City No. UAZO Preliminary Long Plat #1-95: approving the preliminary long plat, subject to certain conditions. WHEREAS, pursuant to chapter 14.20 YMC, the Hearing Examiner held a public hearing on June 22, 1995, which was continued to and concluded on July 7, 1995, to consider the application, City Number UAZO Preliminary Long Plat #1-95, submitted by Tim Monahan on behalf of Earl F. Pratt for a twenty-two lot subdivision of approx- imately 3.4 acres south of West Mead Avenue and west of South 24th Avenue; and WHEREAS, on July 8, 1995 the Hearing Examiner issued his Examiner's Recommendation, Examiner's No. I95-4-30, recommending approval of the proposed subdivision subject to several conditions; and WHEREAS, the proposed subdivision conforms with the City of Yakima Zoning Title, YMC 14.25.110, and other applicable land use controls; and WHEREAS, at its public meeting on February 7, 1995, the City Council deter- mined by motion that the Recommendation of the Hearing Examiner should be af- firmed and adopted, and each Council member declared that he or she had no contact with either the applicant or opponents of this preliminary' plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council hereby affirms and adopts the Findings and Conclu- sions and recommended conditions of the Hearing Examiner's Recommendation, Examiner's No. I95-4-30, a true copy of which Examiner's Recommendation is attached hereto as "Exhibit A" and is incorporated herein by reference. City Council finds formally that, as a matter of fact, the application, City Number UAZO Preliminary Long Plat #1-95, for a twenty-two lot subdivision of approximately 3.4 acres south of West-Mead Avenue and west of South 24th Avenue submitted by Tim Monahan on behalf of Earl F. Pratt conforms with the requirements of City of Yakima Zoning Title, chapter. 14.25 YMC, and other applicable land use controls. All approvals and find- ings of compliance expressed by this resolution are specifically conditioned on the pertinent matters included among the Findings and Conclusions and recommended conditions of the Hearing Examiner's Recommendation. Subject to conditions stated herein, preliminary plat approval of a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue, submitted by Tim Monahan on behalf of Earl F. Pratt, City No. Preliminary Long Plat #1-95, as repre- lap,'land use/ subdivision/platting/monahan\pratt - emery lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95 RESOLUTION APPROVING PRELIMINARY PLAT — Page 1 sented by the Emery Lane Subdivision, General Site Plan drawing (also identified as sheet GS1.0), and the Preliminary Plat Layout drawing (also identified as sheet PP1.0), both prepared by Tim Monahan, Architect, and dated August 3, 1995, is granted. ADOPTED BY THE CITY COUNCIL this L? CC -lay of September, 1995. Mayor ATTEST: City Clerk lap/land use/subdivision/platting/monahan\pratt - emery lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95 RESOLUTION APPROVING PRELIMINARY PLAT — Page 2 ISSUED: JULY 8, 1995 Preliminary Plat and Class 2 Application for a Zero Lot Line Subdivision, Emery Lane, at South 26th and Mead Avenue by Tim Monahan RECEIVED JUL 1 01995 CITY OF YAKIMA PLANNING DIV. EXAMINER'S RECOMMENDATION UAZO P.L. Plat #1-95 Examiner No. 195-4-30 A public hearing was conducted on June 22 and continued by the Hearing Examiner to and concluded on July 7, 1995. The Staff Report presented by Bruce Benson with respect to the first hearing and proposed preliminary plat recommended approval. The revised staff report, again presented by Bruce Benson with respect to the second portion of the hearing, concerning a revised site plan, recommended denial. Several neighbors in the vicinity of 26th and Mead Avenue expressed significant opposition. Two issues, rather than the overall development, were of concern. The first is the proposed offset for the extension of 26th Avenue to the south, with the second being opposition to the number of dwelling units proposed. The Examiner inspected the property prior to the hearing. This decision constitutes a recommendation to the City Council, supported by written Findings and Conclusions, pursuant to YMC Ch.14.20. SUMMARY OP RECOMMENDATION. The Examiner recommends approval, but only of a revised site plan, yet to be submitted, which demonstrates continuation of 26th Avenue to the south. The recommendation concerning the preliminary plat as proposed, if it is not revised, is denial. From the view of the site, the matters contained in the .)fficial record including the Staff Report, a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning HEARING EXAMINER FOR THE CIT' AND COUNTY OF YAKIMA POST OFFICE SOX YAKIMA. WASHINGTON 98907 (509) 248-0706 EXAMINER'S RECOMMENDATION - 1 lap/land use/subdivision/platting/monaha.i,p.aLt ..;•.ery lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95 DT^C`I\T T TTTr\KI A DDDr \/TAT!"'_ DAM TK4TNIAPV Pi AT - FXTNTRTT A Ordinance, and the city's Subdivision Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1.. Applicant. Tim Monahan, on behalf of the property owner, Earl Pratt. 2. Location. This parcel is approximately 3.4 acres, located south of Mead Avenue. The west property line is approximately in line with 26th Avenue north of Mead. The parcel comprises one lot of a 3 lot short plat which was recorded in April, 1995, Short Plat No. 95-49. The assessor's parcel number 181335-21005, submitted) with the application, has not been number for the confirmed by the Examiner. It may be the parent parcel involving the short plat. 3. Application. Preliminary Plat, family subdivision. This is also a Class 2 lot line development. 4. Legal Description. Lot No. Records of Yakima County, Washington. 5. Proposed Use. This will be a 22 lot subdivision with 22 single family residences utilizing the zero lot line development standards in YMC Chapter 15.09. Each individual dwelling unit will be constructed on its own lot, with access provided by a newly constructed extension of South 26th Avenue, offset to the east of the existing South 26th Avenue located north of Mead. 6. Current Zoning and Land Use. The subject parcel is zoned R-1„ Single Family Residential, and is presently undeveloped. Surrounding properties have the following land use characteristics: Location Zoiljng Existing Use North R-1 Single family homes South B-1 Undeveloped. This property is also currently owned by Earl Pratt East R-1 Two single family homes, other- wise undeveloped West R-1 Single family homes parcel for a 22 lot single application for a zero 3 of Short Plat #95-49, EXAMINER'S RECOMMENDATION - 2 lap/land sue./subdivision/platting/monahai, \p.aa ::..cry lane/prelim plat res 9/15/95 12.01 PM MONAI3AN/PRATT - EMERY LANE -- tJAZO PREL LONG PLAT #1-95 Tirf+raTTrrrr-AT Annnt-NT TTA Tr" r,r,rTTA4TIOADVDT AT DVUTVTT' A HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0708 7. Project Description. The subject property is 3.37 acres in size and comprises one lot of a three lot short plat. Road improvements along the south side of Mead Avenue were conditional to the recording of this short plat and included barrier curb and gutter, a four foot sidewalk, and 16 feet of pavement from the street centerline to face of the curb. These improvements have yet to be completed. The money to pay for installation has been placed in escrow and all required improvements stemming from the short plat are proposed to be completed simultaneously with the improvements that will be conditional to the approval of this subdivision. 8. Yakima Urban Area Comprehensive Plan. The Optimal Land Use Element of the Urban Area Comprehensive Plan provides several policy guidelines for assuring that new development is compatible with neighboring land uses, that adequate provision has been made for public services, and that new development should be directed by the goals and policies of the Comprehensive Plan. This development appears to be compatible with neighboring land uses, provisions for public services are adequate to the proposed land use, and the project is located in an area designated for single family residential development. The Housing Element of the plan encourages the development of a mixture of housing types and densities throughout the urban area. This proposed plat provides for single family dwellings, but in a manner that is both non-traditional for this community and at densities that are marginally higher than the community norm for R-1 zoning (albeit adjacent area norms are somewhat lower than will be found in other R-1 areas throughout the city). This plat meets both the intent and the goals of the comprehensive plan for single family residential development in the R-1 zone. From a compatibility standpoint, this project will have somewhat more dwelling units per acre than other residential development in the neighborhood, but it is a self-contained development such that the density will have little to no impact on other residential neighborhoods north and west of Mead. The HEARING EXAMINER FOR THE CITY AND COUNTY OF MAXIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 989C (509)24B-0706 EXAMINER'S RECOMMENDATION - 3 lap/land useisubdivision/platting/monahau sp.aI. ..cry lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT 41-95 =cry!. T---'T(IT.T ADDDmrn.T(_ DDET TX4T\TARN/ PT AT — FkHTRTT A primary impact will be traffic, which is dealt with below as part of the subdivision and zoning ordinance analysis. 9. Proposed Subdivision Specifications. 9.1 Total Area. - 3.37 acres. 9.2 Number of Lots/Lot Density. 22 lots, with 8.7 dwelling units per net residential acre. This is based upon 22 lots, with a total square footage of 110,361 square feet. 9.3 Lot SiEe. Most of the lots are 5,000 square feet. Seven ]lots are between 5,000 and 5,020 square feet. Two lots are 5,056 and 5,210 square feet,. The latter is the largest lot. This preliminary plat complies with the lot dimensions required by the city. One of the requirements is that the lot width at the front building setback line be at least 50 feet. As a point of interest, city ordinances conflict on this point. YMC 14.30.050, contained in the dated subdivision ordinance, establishes a minimum width of 60 feet. The subsequently enacted Urban Area Zoning Ordinance in Table 5-1 establishes the minimum lot width in the R-1 zone as 50 feet. This later adoption is treated as having repealed by implication the 60 foot width established in YMC 14.30.050. [Since it may be inappropriate for me to express any editorial opinion concerning the desirability of having consistent development standlards located in one place rather than spread through the Urban Area Zoning Ordinance, and nine chapters of a dated subdivision ordinance, I will not do so.] 9.4 9.5 9.6 9.7 construction. Water SupD1'. Public water. Sanitary Sewage ;Disposal. Public sewer. Storm Water Drainage. Retained on site. Type of Houslits . Individual on-site 9.8 Streets. Access will come from Mead Avenue through an offset extension of South 26th Avenue. This offset is located approximately 100 feet east of the existing Location of South 26th on the north side of Mead. Avenue. Two short street extensions, terminating in hammerhead HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 EXAMINER'S RECOMMENDATION - 4 lap/land use/subdivision/platting/monahau sp.a't ,.:..cry lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95 T's", are located on the east side of the new street. These provide access to interior lots which do not front directly upon South 26th Avenue. Rolled curbs, gutters, and sidewalks have been proposed by the developer for both sides of South 26th Avenue and around the perimeter of both "T's". The July 7, 1995 preliminary plat layout shows the developer's proposed configuration of the lots. The version considered at the first hearing showed South 26th as extending to the south, so that it could provide a grid network for traffic when the south property is developed. The final proposal shows 26th bending to the east, with a hammerhead at its terminus and an "eyebrow" or "elbow" in the vicinities of lots 9, 10 and 11. Failure to provide a street which provides for future connection to Racquet Lane drew a negative response from the Planning Department. Mr. Benson in his supplemental staff report submitted on July 7 recommended denial for failure to provide the through street. This is consistent with the position taken throughout the analysis of this file by Shelley Wilson. City Engineer Fred French and Tony Sloan from the Fire Department both testified at the July 7 hearing that failure to provide a through street compromised emergency vehicle access and safe traffic flow. YMC 14.30.070(B)(1) states that street patterns should provide for continuation or appropriate projection of existing streets. The purpose of this is to allow economical extension of municipal services, reducing traffic danger and congestion on roads and securing economy in local governmental expenditures. See YMC 15.01.030(4, 5, 8, and 11). Numerous neighborhood comments were received that traffic on Mead Avenue is rapidly increasing. This is logical, based upon recent development of several housing subdivisions west of this project whose only access is Mead. In addition, Kissel Park, immediately south of Mead Avenue and located west of this project, when it is developed, will also throw additional traffic into the area. The purpose of a grid traffic system is to provide alternate means of traffic access, avoiding congestion at choke points. The existing development pattern of the Hamilton Park area, although HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAK9.IA. WASHINGTON 9890 (509) 248-0706 EXAMINER'S RECOMMENDATION - 5 lap/land use/ subdivision/ platting/ monaha..4). L lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95 attractive in many respects, does not provide many traffic alternatives. The large land area south of Mead to Racquet Lane and to the creek south of Racquet Lane suggests the need to accommodate the potential for significant additional traffic in this area. In all probability Racquet Lane will be extended west to 27th, further supplementing the grid. As it currently stands, 27th has right: -of -way problems given the location of a house and lack of right-of-way in the vicinity of 27th and Racquet Lane. This proposed street (26th) is critical to the future orderly development of this area. Accordingly, this plat if approved should be redesigned to reflect extension of 26th to the south property line, with the street located in the vicinity of the existing sewer line. This requires reconfiguration of the lots, and will probably result in the loss of one lot. If a lot must be deleted from this proposal, it helps mitigate neighborhood concern about the density of this project. If this were built to normal R-1 subdivision standards, each lot would be a minimum of 7,C)00 square feet. It is possible that 15 or 16 lots couldbe developed at that lot size, as compared to the 22 lots proposed here. If only 21 lots result from this development, the increase in density permitted by taking advantage of the zero lot line provisions is nevertheless still significant, and is consistent with the directives of the comprehensive plan, subdivision, and zoning ordinances in their effort to encourage flexibility of design while providing for logical provision of government services. The primary traffic impact of this project on Mead will be the volume of traffic generated by this project on Mead, from 26th out to 24th Avenue. Although Mead is not rated as an arterial, there is a very high probability that a left turn lane on Mead will be desirable, providing traffic coming west from 24th a left turn lane to turn south onto 26th from Mead. If Mead is constructed to allow a future left turn lane, it will avoid future congestion on Mead in this area, and will also help to mitigate the EXAMINER'S RECOMMENDATION - 6 lap/land useisubdivision/piattingimonahall N.ai. ::..pry lane/prelim plat res 9/15'95 12:01 PM MONAHAN/PRATT - EMERY LANE - tJAZO PREL LONG PLAT =1-95 111c-nT T rr r\\T A nnnnV 17\Tr T)T)rT TT {11.7 A DV DT A T T VT.TTRTT A HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0705 npact of traffic on the Dwarshuis residence at the northeast corner of 26th and Mead. As part of the prior short plat improvements are required to Mead Avenue, resulting in 32 feet of pavement, plus curb and gutter on the south side. lir. Kevin Callow, from the City Engineer's Office, has indicated that if the pavement width is increased to 33 feet, the City at some future time can stripe a left turn lane. The result will be three 11 foot wide lanes, together with a prohibition of parking\in this vicinity of Mead. The actual lane striping and parking prohibition can occur at some future date. It is appropriate at this point, before the short plat improvements are completed, to require the pavement width increased by one foot. This can apparently be accommodated within the existing right of way, again according to Mr. Callow. The City Engineer is also requiring that the radius of the intersection of South 26th with Mead be redesigned to show a 20 foot radius of the corners. This is reflected on the July 7 .reliminary plat. 9.9 Curb, Gutter. and Streetlights. The proposed street (26th) will be classified as a local access street, requiring 50 feet of right-of-way with 32 feet of pavement to face of curb. The normal standard is to require a vertical or barrier curb and gutter, with a 4 foot sidewalk on one side of the street. This proposal is for rolled curb and gutter, a 4 foot landscaping strip with trees and grass on the inside of the curb, with a 4 or 5 foot wide sidewalk on the outer edge of the right-of- way. In other words, a sidewalk, grassy strip, and then curb and gutter. The purpose of the rolled curb is to allow flexibility in locating driveways, thus avoiding the need to rip out significant amounts of curbing when the lots are built out. The reason for normally requiring a barrier curb on through streets is primarily for traffic control. It helps to keep ears from running up onto the yard, and also helps to control on street parking. Children are also less likely to roll out into the street on their tricycles or bicycles if a barrier curb is used. HEARING EXAMINER FOR THE ctTY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 9890- (509) 248.0706 EXAMINER'S RECOMMENDATION - 7 lap/land use/subdivision/plattingimonah<u, ,:..cry lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PIAT 1-9� In this instance, the presence of a 4 foot wide landscaping strip between the sidewalk and the curb justifies allowing rolled curbs. 'This is a tight development in which there will be many curb cuts, and not much space on the street for parking. The landscaped strip will provide the same protective benefit for pedestrians or children on the sidewalk as a barrier curb. Barrier curbs should, however, be required on all street corners, on the radius. The purpose is to protect cars from running up over the curb and to provide better control for drainage. This requirement is similar to that developed by Yakima County severalyears ago. The physical appearance of the curb is acceptable, in that the barrier curb simply tapers down to the rolled curb. Design formats are undoubtedly available from the Yakima County Public Works Department. Street lights will be constructed pursuant to city design standards. 9.10 Street Offset. Street jogs or offsets of less than 120 feet should not be allowed, according to the subdivision ordinance. Inthis instance the city design review team recommends allowing the offset because of the location of the sewer line. The city installed the sewer line in this location to conform with the grade. City policy typically requires sewers to be located in public rights of way for ease of access and maintenance. Furthermore, stringent building rules apply if a sewer line is to be built over. In this instance, the developer has conformed his streets to the existing sewer line, did not create the problem, and is attempting to comply with city policy concerning streets and sewers while still developing his property. The inevitable conflict between the offset rule and the sewer rule requires consideration of the reason for the offset rule. As established by Mr. French's hearing testimony, if streets are continuous, it is particularly important to avoid offsets. In this instance, the Hamilton Park addition is developed with discontinuous streets which do not serve the outsrde world. Thus, the reason for avoiding an offset is less significant in this EXAMINER'S RECOMMENDATION - 8 lap/land use/subdivision/platting/monahan .p I ti:..tiry lane/prelim plat res 9/15/95 12.01 PM MONAI-iAAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT T,TY`r\T T TTr\XT A DDTPrv, /TAT(' DDT'T T. fTT\T k DV DT AT LVLSTPTT A HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE SOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 nstance. This offset will nevertheless have a significant adverse impact upon the house on the northeast corner of 26th and Mead, owned by Mr. and Mrs. Bryan Dwarshuis. They attended both hearings and expressed significant concerns about the headlights and traffic making their house less livable and less safe. Development of this offset will definitely make their property less attractive. Nothing in the record supports a finding that their .property will be less safe. One of the risks of owning property in the proximity of undeveloped property is the difficulty of predicting how that open land will develop. The proposed street design is otherwise consistent with city standards, and does not present significant safety hazards. 9.11 Parks and Playgrounds. This project is within reasonable proximity to undeveloped Kissel Park, which will provide adequate playground facilities. 9.12 Provisions for Schools. No comment was received from the Yakima school district. There is no evidence in ..he record suggesting that school capacity is inadequate or that special provision should be made for schools. 9.13 Sewer. This project will be required to provide sewer stub outs to serve the two lots of the short plat. This is agreed by the developer. The only other sewer controversy deals with the City recommendation that a side sewer be extended on the south edge of the property, to the east property line. The purpose of this is to service currently vacant property to the east. Due to the specific circumstances of this particular parcel, it is not appropriate to require the sewer extension. A manhole in the existing sewer line exists approximately 20 feet south of the south property line of this parcel. This manhole was installed to accommodate a bend in the sewer line and is located on the vacant property to the south also owned by Mr. Pratt. This manhole provides the most logical and economical location if a new side sewer is to be extended east from the line in 26th. That issue can be dealt with at the time the vacant property is developed. Although it may not be equitable to HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 EXAMINER'S RECOMMENDATION - 9 lap/land use/subdivision/platting/monah)U sp i ,:..cry lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT 1-9� .TAT A Tw TT . •T^ T'VT 'MDT?' A require Mr. Pratt to install the sewer line at his expense at that time, it may be prudent to require dedication f an easement, so that other developers have the ability to connect to the City line in the future. That issue can be resolved later and does not need to be dealt with as part of this application. There is a possibility that in final planning for this proposal the sewer in the south hammerhead, which will be required to service at least lots :L3, 14, 15, and 16, can be extended in the building setback area to the east property line. That is an issue which can be resolved at the engineering level, with the developer, at the appropriate time. It is not necessary to deal with that issue at this time. The final plat should reflect the easement if it is created. 10. Zero Lot Line Class 2 Review. Zero lot line development is a Class 2 use in the R-1. zone. (YMC Chapter 15.04, Table 4-1). The standard of review for a Class 2 use is that it is generally permitted in the zone, but the compatibility between a Class 2 use and the surrounding area cannot be determined in advance. Occasionally a Class 2 use may be incompatible at a particular location. Class 2 review is required in order to promote compatibility with the intent and character of the zone and the objectives and development criteria of the comprehensive plan. Conditions of approval may be imposed on the approval. (YMC 15.04.020(2)). The development standards for zero lot line projects are at YMC 15.09. C)40. This application is the first time the zero lot line provisions have been utilized since the adoption of the Urban Area Zoning Ordinance in 1986. As a consequence, the developer, City staff, and certainly this Examiner, are working through how the provisions work and should be applied. A copy of YMC 15.09.040, concerning zero lot line development, is attached as Exhibit "A" for reference convenience. In order to take advantage of the 5,000 square foot minimum lot size, the provisions of this section must be followed. In addition to lot size reduction, the primary changes are in building setbacks. Because the house can be built on one property HEARING EXAMINER FOR TME crry AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 C509)248-0706 EXAMINER'S RECOMMENDATION - 10 lap/land izse/subdivision/platting/monahau lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE: - UAZO PREL LONG PLAT , 1-95 RFSOT TTTTON APPROVING PRELIMINARY PLAT -- EXHIBIT A ine, the building setback from the other side property line must be 10 feet rather than the normal 5 feet. The rear yard setback is 10 feet, rather than the customary 20 feet. The front and street side setback standards are the same as for other projects, as shown on Table 5-1. In this instance, the front yard setback is 20 feet from the property line, which is equivalent to 45 feet from the centerline of a local access road with 50 feet of right of way. The preliminary plat layout dated July 7, 1995 shows the zero lot lines as being the ones with the blue dots. The zero lot line scheme is closed between lots 11 and 12. It is inevitable that the final lot must have a freestanding building not located on any property line, so that the side setbacks can conform with the normal rules for adjacent development. This also means that the last lot or lots in a zero lot line development have non -zero lot line houses on small lots, even though normal development cannot have such small lots. In other words, normally the smallest lot for a house with building setbacks on all sides would be 7,000 square feet. In this instance, two lots, 11 and 12, will have freestanding houses, not located on any lot line, on approximately 5,000 square foot lots. This is an inevitable result and should be permitted. Because houses are located on the lot line, the adjacent lot must be burdened with a maintenance and drainage easement as reflected in YMC 15.09.40(6). This is a perpetual maintenance, eaves overhang, and drainage easement at least 5 feet wide which must be provided on the lot adjacent to the zero lot line property line. This area, with the exception of walls or fences, is to be kept clear of structures. The easement is to be shown on the plat and incorporated into each deed transferring title. In addition, the wall is to be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but only eaves, may protrude across a side lot line up to 18 inches. Water runoff from the dwelling placed on the lot line is limited to the easement area. This easement must be shown on the preliminary plat, and is not currently shown. EXAMINER'S RECOMMENDATION - 11 lap/land use,subdivision/platting/monahau ‘p.,:..cry lane/ prelim plat res 9/15/95 12:01 PM MONARAN/PRATT - EMERY LANE — UAZO PREL LONG PLAT l-9� HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 9890" (509) 248-0706 The building envelopes, however, do comply with the zero lot line setback rules, except for lot 18, which must be revised so that its front yard is served by the hammerhead. As currently configured, lot 18 has its front yard on 26th Avenue. Standard city policy requires all driveway frontages to be on side streets to the extent reasonably possible. In this instance, the north hammerhead should service lots 18, 19, 20, 21, and 22. This section also requires that the wall in the zero lot line must not have any openings. The language of YMC 15.09.040(5) should also be reflected in a note on the plat. Maximum lot coverage in the R-1 zone is 45%. The zero lot line section deals with maximum lot coverage and picks up this requirement by stating: "The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1." (YMC 15.09.040(3)) Mr. Monahan has raised the question, and will present for council consideration, the issue of whether administrative adjustments are permitted for zero lot line developments. If they are, he is interested in increasing the amount of permissible lot coverage, and in having openings on the zero lot line wall. He is also curious to know whether or not the zero lot line wall must be entirely located on the zero lot line, or can be jogged off the lot line. Administrative adjustments are authorized by YMC Chapter 15.10. The chapter specifically states that the purpose is to provide flexibility "...by allowing certain development standards in Chapters 15.05 through 15.08 to be administratively adjusted." (YMC 15.10.020, emphasis added). Chapter 15.09, dealing with zero lot line development, is not included in the specific list of chapters whose development standards may be adjusted. Zero lot line development allows more intense utilization of property, without requiring a rezone. It is reasonable to expect that the clear standards of that chapter be followed, and not be modified. This view is consistent with the specific language quoted above, which does not authorize adjustment concerning zero lot line projects. This also means that standards HEARING EXAMINER FOR THE Crry AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0706 EXAMINER'S RECOMMENDATION - 12 lap/land use/subdivision/plattingimonahaui p at/ w:..cry lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95 nr_cr\T Tr -r A nDDrV TTXTr DD1=T TNTT\TATPV PT AT _ Pel-iTRTT e pplicable to subdivisions which can otherwise be adjusted, such as `lot coverage, cannot be adjusted when they apply to zero lot line projects. For instance, lot coverage is dealt with in chapter 15.05, which can normally be adjusted. As applied to zero lot line projects, however, the clear language of YMC 15.10.020, coupled with the clear language of Chapter 15.09, supports concluding that otherwise adjustable standards can not be adjusted in this instance. With respect to location of a wall on the zero lot line, it is not required that the wall be located on the property line. However, the setback rules continue to apply and should not be adjusted. Furthermore, whether or not the wall is located on the line or not, no openings are permitted in the wall. The prohibition on openings is mandatory, and leaves no room for discretion. (See YMC 15.09.040(5)). The only time openings are permitted is when a zero lot line wall abuts permanent open spaces or a public or private right of way. No permanent open spaces or )ublic or private rights of way are provided in this plat. Simply having a building setback and imposing some type of easement purporting to create open space or private right of way is deemed insufficient to circumvent this prohibition of openings. This project clearly complies with the Class 2 standard of review and is compatible with the area. The only real issue is the amount of traffic thrown onto Mead Avenue by increasing the number of dwelling units. Although precise information is not available, compared to the existing traffic on Mead Avenue, the increased traffic resulting from several additional units allowed by zero lot line development is relatively insignificant. This is an innovative utilization of existing ordinance provisions which have been in place for 9 years, have been designed to encourage provision of affordable housing, and yet have not until this time been taken advantage of by the development community. 11. Environmental Review. A Determination of Non- significance was issued by the City on December 21, 1994. No On May 24, 1995 an significant agency comments were received. EXAMINER'S RECOMMENDATION - 13 lap/land use/ ting/rnonahan N.ad ::..cry lane/ prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95 1?PcnT T TTT( hT APPROVTNC; PRFT IMINARY PLAT - EXHIBIT A HEARING EXAMINER FOR THE CRY AND COUNTY OF YA$.IMA POST OFFICE BOX 4 YAXIMA, WASHINGTON 98907 (509) 248-0706 addendum was issued to cover changes made to the original application. The addendum did not alter the original DNS but was recirculated for a second comment period. Both comment periods have ended, and no appeals have been filed. 12. Notice. Public notice of the hearing was provided in accordance with the ordinance. From the foregoing Findings, the Examiner makes the following: CONCLusIoIirs 1. The Examiner has jurisdiction. 2. The proposed subdivision and zero lot line development (as modified herein) conform 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 Subdivision Ordinance, Title 14, and will serve the public use and interest, subject to the conditions set forth in the Recommendation below. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION 1. If this plat is not revised consistent with the findings, conclusions and recommendations set forth below, then my recommendation is denial. 2. If this preliminary plat is revised consistent with this recommendation, subject to the following conditions, then my recommendation is approval. A. The revised preliminary plat, and final plat, must substantially conform with the preliminary plat layout dated July 7, 1995, in regard to lot sizes and layout, except that road alignment shall show an extension of South 26th Avenue to the south property line, and probably elimination of one lot to accomplish this realignment. The realignment shall be in the vicinity of the EXAMINER'S RECOMMENDATION - 14 lap/land use/subdivision/platting/monahal, Sp a. lane/prelim plat res 9115'95 12:01 PM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT HEARING EXAMINER FOR THE CfTY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 xisting public sewer. Lot 18 shall be revised to reflect a building envelope showing the cul-de-sac to the north as the front yard, with appropriate setbacks. Building footprints and zero lot line easements shall also be indicated. B. The public road improvements must be designed and constructed to current City of Yakima standards for local access streets, as modified to reflect sidewalks on both sides with the .planting strip. Street plans must be prepared by a licensed professional engineer and reviewed and approved by the City Engineer prior to construction. C. Public road right of way must be dedicated as follows: (1) 50 feet of right of way for South 26th, from Mead to the south property line, generally centered over the existing sewer main. (2). The side streets with the hammerhead turnarounds shall have 35 feet of right of way, with 20 foot and 30 foot legs on each hammerhead, measured from the right of way line, designed pursuant to minor local access street standards. D. Frontage improvements along Mead Avenue required as part of the short plat referenced in the findings shall be completed in conjunction with this project, together with 20 foot radii on the intersection of South 26th with Mead, barrier curbs on the radii and on Mead Avenue, together with the one extra foot of pavement, for a total of 33 feet of pavement width on the property frontage east of 26th. A traffic barrier acceptable to the City Engineer shall be installed at the south terminus of 26th Avenue, on the south property line. E. A minimum of 8 foot wide utility easements must be provided adjacent to all public rights of way, and as specified by the utility providers. F. The location of any proposed and/or existing road approach to all public roads must be applied for, reviewed and approved by the City Engineer. Written verification of such approval for the access approach must be submitted to the Planning Department prior to final plat approval. No approaches to 26th HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 2d8-0706 EXAMINER'S RECOMMENDATION - 15 lap/ land use/ subdivision/ plat ting/ monahau is i laneiprelim plat res 9/15/95 12.01 PM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT =1-95 .........1 A rr`rr-sT •TV rNT%rT (TAT n TIT AM v 11 71? TT A Avenue will be permitted for lots 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. The City Engineer will determine if any road signs are required for this development. If so, they will be installed by the City prior to acceptance of the road and all costs associated with supplying and installing the signs must be reimbursed to the City by the developer. G. A preconstruction developer prior to any road or proposed or existing road rights City must inspect actual road construction. H. The two short streets going east from the extension of South 26th Avenue shall be named pursuant to direction from the City Engineer, most likely Loren Court and King Court, consistent with similar alignments found in the plat of Suncrest, located to the west. conference must be arranged by the utility construction within the of way, and an inspector from the I. All mail delivery shall be centralized, with site placement to be determined by the postal service. J. All lots shall be served with domestic water and public sewer. Water and sewer plans must be prepared by a licensed professional engineer and reviewed and approved by the City Engineer prior to construction. K. Utility and access easements shall be reflected on the plat and where reasonably possible shall be placed underground. L. Street lights and fire hydrants shall be provided and installed by the developer at locations and to the specifications of the City of Yakima Code Administrator. M. An extensive note shall be placed on the plat setting forth that this plat is subject to the provisions of zero lot line development as authorized by YMC 15.09.040. The note shall reflect the prohibition on openings and maintenance and drainage easements as reflected in that section. The note shall also reflect that the design standards which are otherwise administratively adjustable under the Urban Area Zoning Ordinance are not administratively adjustable with respect to this proposal. The note shall also reflect the unique dwelling unit setbacks required in a zero lot line development. The purpose of such an HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509)24S-0706 EXAMINER'S RECOMMENDATION - 16 lap/land use,subdivision/platting/monahau ti:..::ry lane/prelim plat res 9/15/95 12:01 PM MONA:HAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT =1-95 xtensive note is to put future owners, lenders, and plan review officials on notice of the unique characteristics of this project. N. Rolled curbs and gutters shall be permitted along both sides of South 26th Avenue. Barrier curbs shall be required around on the radius of all street corners. Sidewalks shall be provided on both sides of all streets, together with planting strips on 26th, as indicated in the July 7 preliminary plat layout. All sidewalks shall be located on public right of way. O. Storm water drainage facilities to accommodate runoff generated within the plat must comply with a drainage facilities plan prepared by a licensed professional engineer and approved by the City Engineer. P. Detailed plans for all proposed utilities within rights of way must be submitted for review and approval prior to construction of the utilities. Q. The following notes must be placed on the face of (1) Road approach permits are required for each lots. All road approaches must be reviewed and approved by the City Engineer prior to issuance of the building permit. (2) No direct vehicle access will be permitted to South 26th Avenue from lots 13 through 22. (3) The owner shown hereon, their grantees, and assignees in interests, hereby covenant and agree to retain all surface water generated within the plat on site. Any natural drainageways must not be altered or impeded. R. A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima 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, during working hours, a responsible party to serve as a contact person alleged air quality violations. S. Prior to recording the final plat or issuance of building permits, all required plat improvements must be installed; alternatively, an escrow account shall be established or a bond provided in an amount and with conditions acceptable to the City HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0706 the plat: EXAMINER'S RECOMMENDATION - 17 lap/land use./subdivision/platting/monahku, lane/prelim plat res 9/15/95 12:01 PM MnNANAN/PRATT - EMERY LANE - UAZO PREL LONG PLAT #1-95 Engineer to assure installation of all required improvements. Building permits my be issued on a lot by lot basis by the City Engineer when determined that building construction will not interfere with utility and roadway construction. T. If the developer elects to escrow or bond for the required plat improvements, and fails to complete them in the time specified in the escrow or bond agreement, the City shall have the authority to suspend issuance of building permits or occupancy permits until the required improvements are accepted as satisfactorily completed. U. The final plat shall be prepared by a licensed surveyor, shall conform with the conditions of preliminary plat approval, and shall meet the requirements of YMC 14.25.200. V. The total project must be finalized and the final plat submitted within the maximum time period set forth in RCW 58.17.140 as follows: Three years from the date of the City Council resolution approving the preliminary plat, with a possible one time, one year extension, provided the request for an extension is submitted to the City Council at least 30 days prior to the 3 year expiration. [This time frame is set forth in YMC 14.25.160. The conflicting provisions of YMC 14.25.170, which indicate that the final plat must be filed within one year from the date of approval of the preliminary plat, are not unreconcilable with the prior section., and far more restrictive than permitted by state law. It appears that YMC 14.25.160 was adopted in 1982, after adoption of the original subdivision ordinance in 1978. It therefore is treated as repealing by implication YMC 14.25.170(A).] DATED this day of July, 1995. PHILIP A. LAMS Hearing Examiner EXAMINER°S RECOMMENDATION - 18 lap/land use/subdivision/platting/monahall .a : :..cry lane/prelim plat res 9/15/95 12:01 PM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKMA POST OFFICE 80X 4 YAKMA. WASHINGTON 98907 (509) 248-0706 15.09.040 Zero Lot Line Development, A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land environmentally sensitive ive rc energy area, efficient arrangement of structures, protect or provide more usable private or community open space. D. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by Class (2) review. Zero lot line development may also be approved on Lots created before the effective date of this title by Class (3) review. A site plan meeting the requirements of Section 15.11.040 or, as applicable, Section 15.11.050 shall be prepared for all zero lot line development. C. Development Standards. All zero lot line developments comply with the standards of Table 5-1 and 5-2. the provisions of this title and the following requirements: provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply: 1. Dwelling Unit Setbacks: a. Interior Side Yard Setback Standard. The dwelling uni be placed on one interior side property line (a zero setb- The setback standard from the other side property line be ten feet. No structures except for patios, pools, fences, wa s and other similar elements are permitted within the required setback area. b. Rcar Yard Setback Standard. The rear yard setback standard is ten feet. c. Frons and Streetside Setback Standards. Front and streetside setback standards shall be those shown on Table 5-1. 2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwellin unit. 3. Maximum Lot Coverage. The total_lot..coverage. on_ a_lot shall of exceed- the_ d1ri.cL_requirements established in _ Table_ 5-1. 4. platting Requirements Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of- way' maintenance, eaves 6. JNaintcnancc and Drainage Easement. A perpetual overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18". lap/land use; subdivision/plattingimonah;:u4 ,p..,a ;.:..cry lane/prelim plat res 9/15/95 12:01 PM NIONAITANIMATiTirniMERY LANE -- UAZO PREL LONG PLAT #1-95 �1 LL.49. 4U Zero Lot Line Develop menu, A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive area, or provide more usable private or community open space. D. Review Required. Zero lot line development in subdivisions and short subdivisiions approved after the effective date of this ordinance may be approved by Class (2) review. Zero lot line development may also be approved on lots created before the effective date of this title by Class (3) review. A site plan meeting the requirements of Section 15.11.040 or, as applicable, Section 15.11.050 shall be prepared for all zero lot lline development. C. Development Standards. All zero lot line developments comply with the standards of Table 5-1 and 5-2, the proviisions of this title and the following requirements: provided, that where the standards included herein conflict with the standards established in other sections of this title, the standards herein shall apply: lap/land,aau MONAHA 1 . Dwelling Unit Setbacks: a. Interior Side Yard Setback Standard. The dwelling uni be placed on one interior side property line (a zero setb• The setback standard from the other ,side property line 1be ten feet. No structures except for patios, pools, fences, wa s and other similar elements are permitted within the required setback area. b. Rear Yard Setback Standard. The rear yard setback standard is ten feet c. Front and Streetside Setback Standards. Front and streetside setback standards shall be those shown on Table 5-1. 2 Ag.cessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwellin unit. 3. maximum Lot Coverage. The total_lot..coverage_ on_ a_lot shall 01 exceed the_ district_requirements established in _ Table. 5-1. 4. Ejjuting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Qi2enings Prohibited,. on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units. or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of- way. 6. Lvj;lintenance and Drainage a ements. A perpetual maintenance, caves overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shalt be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18". �.ivksiggn�/�,,8)� gimonah:ui ‘p.i, ..cry lane/ elim plat res 9/15.'95 1201 PM • • TT - 1ERY LANE — UAZO PRL LONG PLAT =1-95 Tir�r\T T T . nrinr^,t TT T1' T1T1-7 TX 4110 T) '1.7 TY( AT tvUTT21"T A