HomeMy WebLinkAbout06/03/2008 06 Englewood West, Phases 2, 3, and 4, Final Plat - Public Meeting 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6
For Meeting of: June 3, 2008
ITEM TITLE: Public Meeting and consideration of Resolution approving the Final Plat for
Phases 2, 3, and 4 of Englewood West, a 78 -lot subdivision submitted by J & R
Enterprises located in the vicinity of 74 Avenue and Englewood Avenue and
authorizing the Mayor to sign the final plat .
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner
SUMMARY EXPLANATION:
This Final Plat for Englewood West includes all 78 remaining lots authorized in the Preliminary Plat
(Phases 2, 3, and 4). The Preliminary Plat was approved by the Yakima City Council on January 3,
2006. Phase 1 of the Englewood West Final Plat was approved in 2007.
The applicant has completed or bonded for all necessary public improvements as required by the
conditions of approval for this Final Plat. The City Chief Engineer has inspected, approved and
accepted all plans and designs for the required improvements. All other conditions of approval have
been accomplished.
On July 1, 2008 the City Council will review a right of way vacation for the unimproved portion of Scenic
Drive adjoining this development.
Resolution X Ordinance _ Contract _ Other (Specify) see index of attachments
Funding Source
APPROVED FOR SUBMITTAL: fe4 City Manager
STAFF RECOMMENDATION: Approve Resolution and Authorize Mayor to sign Final Plat
BOARD /COMMISSION RECOMMENDATION: The Hearing Examiner recommended conditional
approval of the Preliminary Plat
COUNCIL ACTION:
RESOLUTION NO. R -2008-
A RESOLUTION approving the final plat for Phases 2, 3 and 4 of Englewood West, a 78 -lot
subdivision located in the vicinity of North 74 and `Englewood Avenues,
and authorizing the Mayor to sign the final plat for Phases 2, 3 and 4. J &R
Enterprises is the applicant herein.
WHEREAS, on November 2, 2005, the Hearing Examiner held a . public hearing to
consider the application for an 80 -lot subdivision in four phases, submitted by J &R Enterprises
and known as Englewood West, located in the vicinity of North 74 and Englewood Avenues
(City of Yakima Preliminary Plat # 2 -05, EC #1 -05); and
WHEREAS, on November 17, 2005, the Hearing Examiner issued his Recommendation
for approval of the proposed preliminary plat subject to several conditions; and
WHEREAS, at its public meeting on January 3, 2006, the City Council determined by
motion that the Recommendation of the Hearing Examiner should be affirmed and adopted;
and
WHEREAS, the applicant has completed or bonded for construction, all public
improvements required as conditions of approval of the preliminary plat for Phases 2, 3 and 4,
• and the City Engineer has inspected, approved and accepted all plans and designs for required
improvements for said Phases; and
WHEREAS, as this final plat comes before Council for review each member declares
that he or she has had no contact with either the applicant or opponents of the final plat, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Phases 2, 3 and 4 of Englewood West, consisting of two
sheets dated May 28, 2008, depicting Phases 2, 3 and 4 of a 78 -lot subdivision located in the
vicinity of North 74 and Englewood Avenues is hereby approved and the Mayor is hereby
authorized to sign the final plat. The applicant shall file the final plat for Englewood West for
record in the Yakima County Auditor's Office immediately, or as soon thereafter as possible.
The applicant shall be responsible for all filing fees.
ADOPTED BY THE CITY COUNCIL this 3 day of June, 2008.
ATTEST: . • David Edler, Mayor
City Clerk
•
J &R ENTERPRISES
ENGLEWOOD WEST PHASE II, III, and IV
FINAL LONG PLAT #2 -08
EXHIBIT LIST
City Council Public Meeting
June 3, 2008
Applicant: J &R Enterprises
File Number: Final Long Plat#2 -08
Site Address: Vicinity of 74 Avenue and Englewood Avenue
Staff Contact: Vaughn McBride, Associate Planner
• Table of Contents
CHAPTER A Resolution
CHAPTER B Staff Report
CHAPTER C Hearing Examiner Recommendation
CHAPTER D Vicinity Map
CHAPTER E Final Plat — Phase II, III, and IV
•
• J &R ENTERPRISES
ENGLEWOOD WEST PHASE II
FINAL LONG PLAT #2 -08
EXHIBIT LIST
CHAPTER A
Resolution
k R i H + CTSE.�y.fy t Y : -
t t s ry ti Oyu n-, _ At '4, 4047-‘,,, S.
A -1 Resolution 6/03/08
•
• RESOLUTION NO. R- 2008 -
A RESOLUTION approving the final plat for Phases 2, 3 and 4 of Englewood West, a 78 -lot
subdivision located in the vicinity of North 74 and Englewood Avenues,
and authorizing the Mayor to sign the final plat for Phases 2, 3 and 4. J &R
Enterprises is the applicant herein.
WHEREAS, on November 2, 2005, the Hearing Examiner held a public hearing to
consider the application for an 80 -lot subdivision in four phases, submitted by J &R Enterprises
and known as Englewood West, located in the vicinity of North 74 and Englewood Avenues
(City of Yakima Preliminary Plat # 2 -05, EC #17 -05); and
WHEREAS, on November 17, 2005, the Hearing Examiner issued his Recommendation
for approval of the proposed preliminary plat subject to several conditions; and
WHEREAS, at its public meeting on January 3, 2006, the City Council determined by
motion that the Recommendation of the Hearing Examiner should be affirmed and adopted;
and
WHEREAS, the applicant has completed or bonded for construction, all public
improvements required as conditions of approval of the preliminary plat for Phases 2, 3 and 4,
41) .
and the City Engineer has inspected, approved and accepted all plans and designs for required
improvements for said Phases; and
WHEREAS, as this final plat comes before Council for review each member declares
that he or she has had no contact with either the applicant or opponents of the final plat, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The proposed final plat for Phases 2, 3 and 4 of Englewood West, consisting of two
sheets dated May 28, 2008, depicting Phases 2, 3 and 4 of a 78 -Iot subdivision located in the
vicinity of North 74 and Englewood Avenues is hereby approved and the Mayor is hereby
authorized to sign the final plat. The applicant shall file the final plat for Englewood West for
record in the Yakima County Auditor's Office immediately, or as soon thereafter as possible.
The applicant shall be responsible for all filing fees.
ADOPTED BY THE CITY COUNCIL this 3 day of June, 2008.
ATTEST: David Edler, Mayor
III City Clerk
DOC.
INDEX
J &R ENTERPRISES
ENGLEWOOD WEST PHASE II
FINAL LONG PLAT #2 -08
EXHIBIT LIST
CHAPTER B
Staff Report
i eta�k&/ rosi Y'� #��. a r `r
4 a -� r� x.. R • '
• f' r� L r � '^2 s ro y > � ,.� a n a - w t 1 , jw „a 4`r a •
{ r ;''� w4.. ,�.. ��a <
� ?��` r t'riac j� . ..�' +� }.'� 4 > t • : ✓ s d � r :�.:. t 'Alt 1 4-P , '%.'%.‘1 '-fi � ' . ! • ., s •
B -1 Staff Report 6/03/08
•
• City of Yakima, Washington
Department of Community & Economic Development
Office of Environmental Planning
CITY COUNCIL PUBLIC MEETING
June 3, 2008
Final Long Plat Consideration for the Plat) Final Long Plat #2 -08
Of Englewood West (78 lots) submitted ) Vaughn McBride
By J &R Enterprises, located in the ) Community Development Specialist
Vicinity of 74th & Englewood Avenues ) 576 -6315
•
SUMMARY OF RECOMMENDATION
All requirements conditional to the final approval of Phases 2, 3, and 4 of this plat have been
satisfied. The Division of Environmental Planning recommends Council acceptance of Phases 2,
3, and 4 of the final plat of Englewood West Subdivision.
FINDINGS
BACKGROUND
Englewood West is a new 78 -lot subdivision located in the vicinity of 74th Avenue and
Englewood Avenue. In open Council session on November 5, 2005 the Hearing Examiner's
recommendation, granting preliminary approval of this long plat, was accepted. The developer is
seeking final plat approval on 51 lots in Phases 2, 3 and 4. Phase I final plat approval was
granted November 21, 2007.
• COMPREHENSIVE PLAN
The Future Land Use Element of the Comprehensive Plan indicates that from two to seven
dwelling units per acre characterize the SR zoning district. Overall density for this development
is approximately four dwelling units per acre.
The Plan also provides goals and policies directed towards provision of adequate public utilities
to new developments. This site is now fully serviced by all necessary public utilities with access
provided, by North 74th Avenue.
ZONING
The Suburban Residential (SR) zoning district is characterized by a mixture of land sues and
residential densities, 45 percent maximum lot coverage, access via local access streets and
collectors, low - density residential development, some clustering of high- density residential
development.
Englewood West 000
Final Long Plat #2 -05
J &R Enterprises INDEX
• Vicinity of No. 74 & Englewood Avn 1
SUBDIVISION ORDINANCE STANDARDS
Criteria for subdivisions are included in YMC 14.25.110, which specifies the requirements for
subdivision design. Englewood West has been found to comply with all applicable standards for
the development of Phase 2, 3 and 4 of four phases and the final plat is in general conformance
with the preliminary design. The developer is seeking final approval of all 51 remaining lots of
Englewood West Subdivision.
ENVIRONMENTAL REVIEW
A Mitigated Determination of Nonsignificance (MDNS) was issued for this subdivision on
September 22, 2005. The mitigation measure(s) required that mitigation will be applied to
conditions of approval that will address the issues of:
1) Stormwater Drainage & Retention
2) Soil Erosion Control
3) Public Infrastructure
4) Irrigation Water
CONDITIONS OF APPROVAL
The approved preliminary plat required the applicant to complete all site improvements listed as
conditions in the Hearing Examiner's Recommendation of November 17, 2005 (see attached).
The conditions that must be met before the final plat can be approved consist of the following:
Domestic Water & Sanitary Sewer
1. All lots shall be provided with public domestic water and public sewer service according
to YMC Title 12 standards.
2. No individual wells or other water system will be allowed. No individual septic systems
or other sewage disposal methods will be allowed.
Status: Items 1 and 2 above. The provision of domestic water and public sewer
service for all lots meet YMC Title 12 standards.
3. Prior to final plat approval written verification from the City of Yakima Engineering
Department must be provided to the City of Yakima Planning Division indicating that all
water and sewer extensions have been completed of financially secured.
Status: All water and sewer extensions have been financially secured.
Utilities
1. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
Status: Approved plans show all utilities to be located underground
Englewood West
Final Long Plat #2 -05 DOC.
J &R Enterprises 2 INDEX
Vicinity of No. 74 & Englewood Avn
# 6- ! -- - - -- - `
•
•
•
2. A minimum of 10 -foot wide public utility easement to be provided adjacent to all •
public road right -of -ways.
3. Easements for new and/or future utilities are a minimum of 16 feet in width, provided
that the width of easements for buried utilities is twice the depth of the planned
excavation.
Status: Necessary easements are shown on the plat.
4. All public and private utilities located within public road rights -of -way are
constructed prior to the start of road construction.
Status: Approved plans show all public and private utilities shall be located
within public road right -of -ways prior to start of road construction.
Irrigation Water
1. Irrigation easements, if required, shall be provided as specified by the Yakima - Tieton
Irrigation District.
.2. Developer must obtain approval of Yakima - Tieton Irrigation.
3. Developer must satisfy Article 2 of Yakima - Tieton Irrigation District Resolution
9705.
4. Prior to plat approval receive YTID written verification of the presence of a 15-foot-
wide non - exclusive irrigation easement that will allow for distribution of irrigation
water to all parcels of land within the YTID boundary:
Status: Yakima- Tieton Irrigation District approval evidenced by signing of plat.
Public Infrastructure
1., All lots must be provided with adequate fire flow.
Status: Review of plans indicate appropriate fire flow provided
2. Fire hydrants shall be placed at the locations specified by the Building Codes Division
and Yakima Fire Department. •
Status: Fire hydrants will be placed as required.
•
3. Developer constructs a paved L- shaped turn- around at the north end of North 72
Avenue.
Status: The requirement for a turn- around was replaced with the provision of a
cul -de -sac based upon vacation of the Scenic Drive right -of -way as approved by
• the Hearing Examiner decision of May 22, 2008.
S 4. Developer paves the existing right -of -way located to the east of North 72nd Avenue
four feet north of the centerline east for the entire length of Lot 74.
•
Englewood West /+
Final Long Plat #2 -05 DOC.
J &R Enterprises 3 INDEX
Vicinity of No. 74 "' & Englewood Avn
,# N
•
Status: The vacation of the Scenic Drive right -of -way relieves the developer of
this requirement per City Engineering review and approval.
5. Developer must install a curb return and 5 -foot sidewalk that extends eastward for the
entire length of Lot 74.
Status: The vacation of the Scenic Drive right -of -way relieves the developer of
this requirement per City Engineering review and approval.
6. Vacation of right -of -way along western boundary line is accomplished during Phase 1
of the development project.
Status: Achieved. HE recommendation of approval to Council, dated October .
11, 2006 adopted October 17, 2006.
7. All frontage improvements must be accomplished in accordance with YMC Title 12
standards.
Status: Developer has provided a surety bond or other secure method of
financially providing for and securing to the City the actual construction of
frontage improvements required for Phase 2, 3 and 4 developments.
Stormwater Drainage & Retention
1. All surface water generated from project, including roads, residential dwellings,
buildings, landscaped areas, shall be disposed of on -site for the full 25 -Year Storm
design.
2. Surface water plans will be reviewed, approved by City of Yakima Surface Water
Engineer.
3. Construction Stormwater general permit is required.
4. Developer shall develop a Stormwater Pollution Prevention Plan, to be approved by
Department of Ecology that details the BMPs to be used.
5. Developer shall implement Erosion and Sediment Control measures in accordance
with Best Management Practices detailed in the Stormwater Management Manua] for
Eastern Washington.
6. Developer shall provide City of Yakima Department of Engineering with a defined
flow path /method of getting emergency overflow runoff from the ponds to the
culvert under Englewood Avenue.
7. Appropriately sized and designed retention ponds to handle pass - through drainage
shall be shown on plan.
Status: City Engineering has received and approved stornzwater drainage and
retention designs. -
Englewood West DOC.
Final Long Plat #2 -05 INDEX
J &R Enterprises 4
Vicinity of No. 74 & Englewood Avn x
fl
•
•
• Soil Erosion Control
1. All permits required by the Yakima Regional Clean Air Authority must be
obtained, to include a Master Construction Dust Control Plan that addresses
demolition, site preparation, construction and landscaping phases of the proposed
development, per Section 3.08 of Yakima Regional Clean Air Authority
regulations.
Status: Achieved
•
2. The developer must designate during working hours a responsible party to serve
as contact for suspected air quality violations.
Status: Achieved
•
3. The developer must contact the State Department of Ecology to determine if
residual concentrations of pesticides above the MCTA clean up levels are present
and undertake the appropriate clean up actions as recommended by the
Department of Ecology.
Status: Achieved
• 4. Erosion control methods such as temporary ponding, silt fencing, etc, must be in
place prior to clearing, grading or construction.
Status: Achieved
•
Sanitary Sewer
1. The existing 8 -inch sanitary sewer line located on North 72 " Avenue be extended
further to the north and terminate into the easement area at the northern end of the
development.
Status: Achieved
2. Provide utility easement between Lot #78 and Lot #79.
Status: This requirement has been replaced with the provision of a utility easement
between Lot #79 and Lot #80 per City Engineering Division review and approval.
•
3. Developer shall provide an additional manhole on North 72 " Avenue with an 8-
inch sanitary sewer line to extend north out of this manhole to a cleanout.
4. Developer shall provide a utility easement between Lot #51 and Lot #52.
5. Developer shall provide an additional service lateral for parcel #181317 - 43429.
Status: The requirements for #3, #4 and #5 have been achieved..
1110
Englewood West DOC.
Final Long Plat #2 -05
1 &R Enterprises 5 INDEX
Vicinity of No. 70 & Englewood Avn .
13-1
Transportation/Traffic
1. Transportation Concurrency Review required.
Status: Transportation Concurrency Review has been satisfied.
•
2. All site traffic will be accessed from Englewood Avenue, with traffic distributing
onto 68 Avenue, 74 Avenue and Summitview Avenue.
Status: Achieved
•
3. All interior streets shall be engineered, constructed and approved according to the
standards and requirements of YMC Title 12.
•
Status: All interior streets for Phase 2, 3 and 4 development has been
engineered in compliance with City development standards. The City
Engineer has evidenced his approval by signing the final plat for the
completion of Phase 2, 3 and 4 of the development.
Final Plat Requirements
1. The final plat shall substantially conform to the preliminary plat, except as modified
by the Hearing Examiner or City Council.
Status: Achieved
110
2. The developer must provide a surety bond or other secure method of financially
providing for and securing to the City the actual construction of required
improvements.
Status: Developer has provided a secure method financially providing for
the installation of all sewer extensions.
3. All addresses shall be as specified the findings of this report. All address must be
clearly shown on the face of the final plat.
Status: All addresses for Phase 2, 3 and 4 developments are clearly
shown on plat.
4. Developer must submit a set of plans prepared by a licensed Civil Engineer to City
Engineering Division for review and approval.
Status: Achieved
5. Each development phase shall be recorded individually at such time as the
development phases are completed.
Status: Phase 1 final plat approval was granted November 21, 2007.
Englewood West
Final Long Plat #2 -05 DOC.
J &R Enterprises 6 INDEX
Vicinity of No. 74 & Englewood Avn,
• • Developer seeking final plat approval of Phases 2, 3 and 4.
6. Yakima - Tieton Irrigation District irrigation easements must be shown on the face of
the plat and be labeled "Public Utility and Irrigation Easement ".
Status: Achieved
7. The lots shall be subject to the following notes which must be placed on the face of
the plat:
a) The addresses shown on this plat are accurate as of the date of
recording, but may be subject to change. The City of Yakima
Building Codes Division is responsible for the confirmation or
reassignment of addresses at the time of building permit issuance.
b) The owners shown hereon, their guarantees and assignees in interest
hereby covenant and agree to retain all surface water generated
within the plat on- site.
Status: Achieved
• RECOMMENDATION
The City Engineer's office has inspected and accepted all required physical improvements for the
completion of Phase 2, 3 and 4, and the City Engineer has signed the plat in affirmation of this
fact. The Planning Division has reviewed the final plat and found it to be in substantial
conformance with the terms and conditions of preliminary plat approval. Staff, therefore,
recommends City Council acceptance of Phase 2, 3 and 4 of the final plat of Englewood West
Subdivision and asks that the resolution authorizing the Mayor to sign the final plat be adopted.
r
Englewood West
Final Long Plat #2 -05 D�C •
1 &R Enterprise's 7 INDEX
Vicinity of No. 74' & Englewood Avn
• J &R ENTERPRISES
ENGLEWOOD WEST PHASE II
FINAL LONG PLAT #2 -08
EXHIBIT LIST
CHAPTER C
Hearing Examiner Recommendation
EXHIBIT DOCUMENT DATE
"' " ' `
C -1 Hearing Examiner's Recommendation: 11/17/05
Preliminary Long Plat #2 -05
C -2 Resolution No. 2006 -08: Preliminary Long Plat #2 -05 1/17/06
C -3 Hearing Examiner's Recommendation: 10/11/06
R/W Vacation #1 -06, Petition #6 -06
C -4 Ordinance No. 2006 -54: R/W Vacation #1 -06, Petition #6 -06 11/07/06
C -5 Hearing Examiner's Recommendation: 5/22/08
'R/VV Vacation #1 -08, Petition #08 -01
•
RECEIVED
MAY 2 1 ;uu';
III CITY OFYARIMA
City of Yakima, Washington PLA""INU tom
Hearing Examiner's Recommendation
May 22, 2008
In the Matter of an Application for Vacation )
Of Public Rights -of -Way Submitted by: ) UAZO R/W VAC # 1 -08
) Petition # 08 -01
Larry Loveless & Charles Johnson )
)
To Vacate Street Rights -of -Way north of )
The Intersection of North 74 Avenue )
With West Englewood Avenue )
Introduction. The chronology of the hearing process relative to this request to
vacate public street rights -of -way can be summarized as follows:
1) The testimony at the first day of the open record public hearing on April
10, 2008 may be summarized as follows:
a) Associate Planner Vaughn McBride indicated that Orlin Knutson
who recently purchased one of the parcels had signed the petition the day
before the hearing. Larry Loveless testified m favor of the right -of -way
vacation requests. William Bailey testified that his signature on the petition
for vacation of a portion of the Scenic Drive right-of-way between the
improved segments of Scenic Drive was conditioned upon having a private
access and utility easement to the east through other properties to the
improved portion of Scenic Drive subsequent to the vacation. Mr. Knutson
testified that his signature on the petition for vacation was conditioned upon
having a utility easement for extending the City's sewerline through
neighboring property to the east subsequent to the vacation.
b) Mr. McBride requested additional time to analyze the situation
since it appeared that some of the signatures on the petition were based on
Larry Loveless & Charles Johnson 1
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
• - R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
# C_ S
RECEIVED
MAY 22 Ma
aim OFF NA
1
unstated expectations that affected property owners had not agreed to, and
that some of the properties would be left landlocked without access if all
the right -of -way vacation requests were granted. The hearing was therefore
continued to April 24, 2008.
2) The testimony at the continued hearing on April 24, 2008 may be
summarized as follows:
a) Mr. McBride indicated that the north/south public right -of -way
for the original configuration of the west half of North 74 Avenue met all
the criteria for vacation.
b) Mr. McBride indicated that the easternmost portion of the
requested vacation of the Scenic Drive right -of -way between the two
portions of Scenic Drive that are improved on each side did not meet the
criteria for vacation because the requested vacation would leave those
properties landlocked. Mr. McBride further indicated that even if those
property owners were to agree upon the width and location of a private
access and utility easement in lieu of the existing public right -of -way, the
City does not allow a private access easement to serve more than one
property, and the existing public right -of -way is already being used to
access the properties.
c) Mr. McBride indicated that the rest of the unimproved Scenic
Drive right -of -way between the two improved portions of Scenic Drive
could be considered for vacation. Mr. McBride indicated that the City
Engineering Division recommended that a public utility easement be
reserved over the entire 40 -foot width of the area to be vacated because the
sewerline on North 74 Avenue ends north of the Johnson property at a
manhole in the middle of the north 20 feet of the 40- foot -wide Scenic Drive
right -of -way and because there will have to be 10 feet of separation for a
Nob Hill Water Association waterline in that right -of -way area.
d) Mr. Loveless testified that the planned Nob Hill Water
Association waterline will run east from the area near that manhole along
the Johnson property to loop with a line to the east, but will not run west
along the Loveless property because Mr. Loveless was required to install
Nob Hill Water Association waterlines through his property to loop with a
line at Scenic Drive on the west. He indicated that unless Nob Hill Water
Larry Loveless & Charles Johnson 2
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
# c -
RECEIVED
MAY 2 2 ? O8
CITY OF YAKIMA
PLANNING DIV.
Association needs to install a waterline north of his property, the 40 -foot-
wide right -of -way north of his property should instead be vacated with a
reservation of only the north 20 feet thereof for a public utility easement for
future extension of the sewerline and for utilities other than water to
properties north of his property. He argued that a 40- foot -wide public
utility easement only needed to be reserved north of the Johnson property
where there would be a need for separation between the City sewerline and
the Nob Hill Water Association waterline.
e) City Engineering Division representative Mike Antijunti believed
that reservation of the north 20 feet of the vacated area north of the
Loveless property for a future sewerline extension and for utilities other
than water would be satisfactory if Nob Hill Water Association does not
plan to locate a waterline in that portion of the vacated area. The record
was kept open for submission of a written statement from the Nob Hill
Water Association regarding its need or lack of need for a waterline in the
right -of -way along the northern boundary of the Loveless property:
3) On April 30, 2008, Mr. McBride forwarded to the Examiner a written
• recommendation from the City's Chief Engineer Brett Sheffield to the effect that
the requested Scenic Drive right -of -way vacation should be denied unless Mr.
Johnson moves the sewer manhole 10 feet to the south to the property line so that
a reserved 20- foot -wide public utility easement could be equally split between the
northA.nd south properties to be fair. The Examiner viewed this submittal as a
request to reopen the hearing for additional evidence and testimony which was
scheduled for May 8, 2008.
4) The testimony at the May 8, 2008 continued public hearing may be
summarized as follows:
a) Mr. Sheffield summarized his written recommendation dated
April 30, 2008.
b) Mr. Loveless restated his understanding that a 20- foot -wide
public utility easement could fairly be reserved over the 20 feet north of the
Loveless property since it is that property which will need sewer and other
utilities to be extended in the future and not the Loveless property.
Larry Loveless & Charles Johnson 3
Vacation of Street Rights-of-Way
No. of N. 74 & W. Englewood Ave.
• R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
C- 5
RECEIVED
�IAY � � 20 CITY OF YAKlkA
PLANNING DIV.
c) One of the two property owners to the north of the Loveless
property, Orlin Knutson, testified that he is willing to have the entire 20-
foot -wide public utility easement located along the south 20 feet of his
property if the sewerline could be installed as close to the property line as
possible because it is his property rather than the Loveless property that
will need to be served with utilities m the future. He also testified that he
had spoken with the other property owner north of the Loveless property,
Dr. Richard Roux, and that he felt the same way.
d) Mr. Sheffield testified that the sewerline would have to be kept
straight and could possibly be angled over the entire distance of the line
from the existing manhole to end up about three feet closer to the property
line than the manhole which is about 10 feet north of the property line.
e) Near the close of the hearing, Mr. Knutson signed and submitted
a written agreement drafted by Mr. Loveless to reserve the entire 20 -foot-
wide public utility easement on his property north of the Loveless property
because the easement would be needed for his property and not the
Loveless property in the future. He added his request that the line be
installed as close to his south property line as possible knowing that there
can be no guarantees m that regard. The record was kept open for
resubmission of that agreement with Dr. Roux's signature. He was the only
other adjoining property owner north of the Loveless property and therefore
the only other property owner who could conceivably object to the entire
20- foot -wide public utility easement being reserved only over the
properties north of the Loveless property and not over the Loveless
property.
5) On May 16, 2008, Mr. McBride submitted the agreement signed by both
Mr. Knutson and Dr. Roux which consents to the reserved 20- foot -wide public
utility easement north of the Loveless property being entirely on their respective
properties since theirs are the properties that will be benefitted by the easement
and which requests that the sewerline be installed as close to their south property
line as possible.
6) The written statement from Engineering Technician Chad Redick to the
effect that Nob Hill Water Association will only be installing a waterline in the
Larry Loveless & Charles Johnson 4
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1 -08; Petition #08 -01
110
DOC.
INDEX
# C, 5
REOBRApz
MAY 2 2 agt
• CITY OF Vikkuft
Scenic Drive right -of -way north of the Johnson property and north of the property
to the east of the Johnson property rather than . in the right -of -way north of the
Loveless property is admitted into the record as Exhibit G -1; the written statement
from the City's Chief Engineer Brett Sheffield recommending a fair location for
the reserved 20- foot -wide public utility easement along the Loveless property is
admitted into the record as Exhibit G -2; and the written agreement of Mr. Knutson
and Dr. Roux to allow the reserved 20- foot -wide public utility easement to be
entirely on their properties north of the Loveless property and requesting that the
sewer line be as close to their south property lines as possible is admitted into the
record as Exhibit G -3. In addition, the Examiner requested the respective lengths
of the various portions of rights -of -way involved in these petitions which were
provided by Mr. McBride on May 22, 2008 by means of an illustration that will be
included in the record as Exhibit G -4.
7) This public street right -of -way vacation recommendation has been
submitted within ten business days after the conclusion of the public hearing.
Summary of Recommendation. The Hearing Examiner recommends that the
• City Council (a) approve the petition to vacate the remaining north/south 30 -foot-
wide and 20- foot -wide public right -of -way for the west half of the original
configuration of North 74 Avenue north of Englewood Avenue which is about
860 feet long; (b) deny the petition to vacate the portion of the east/west 40 -foot-
wide unimproved Scenic Drive right -of -way east of the Johnson property which is
about 570 feet long; (c) approve the petition to vacate the east/west 40- foot -wide
unimproved Scenic Drive right -of -way which extends along the north boundary of
the Johnson property for about 740 feet reserving therein a 40- foot -wide public
utility easement in that entire vacated area; and (d) approve the petition to vacate
the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way
which extends along the north boundary of the Loveless property for about 660
Larry Loveless & Charles Johnson 5
Vacation of Street Rights-of-Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
# C
RECEIVED
MAY 2 2 2o ura
CITY OF Wi
PLANINBING
feet reserving a 20- foot -wide public utility easement in the northerly 20 feet
thereof that would extend over the south 20 feet of the Knutson and Roux
properties.
Basis for Recommendation. Based upon a view of the site without anyone
else present on April 7, 2008; the staff report, exhibits, testimony and evidence
presented at an open record public hearing commencing on April 10, 2008 and
continuing on April 24, 2008 and May 8, 2008; the exhibits submitted after the
hearing; and a review of the Yakima Urban Area Comprehensive Plan, the
Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of
Washington and the City of Yakima's street vacation policies; the Hearing
Examiner makes the following:
FINDINGS
I. Petitioners /Applicants/Property Owners Adjoining Rights-of-Way
Recommended for Vacation. The petitioners /applicants /property owners who
own property adjoining rights -of -way recommended for vacation are Larry and
Kimberly Loveless, parcel nos. 181317 -34412 and 34426; Chuck Johnson for
WCS Enterprises, LLP (referred to as the Johnson property), parcel nos. 181317-
43439, 43440, 43460, 43461 and 43462; Orlin and Paula Knutson (purchasers
from Floyd and Margaret Huit), parcel no. 181317 - 31410; Richard Roux, parcel
Larry Loveless & Charles Johnson 6
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
# C_ 5
RECEIVED
MAY 2 g .2008
CITY OP YAKIMA
no. 181317 - 31411; Tom and Cherie flames, parcel no. 181317 - 31426; Roderick
and Lisa Plath, a small portion of parcel no..181317- 42428; and Jerre Paxton, a
small portion of parcel no. 181317- 42440.
II. Petitioners /Applicants/Property Owners Adjoining Rights -of -Way
that are not Recommended for Vacation. The petitioners /applicants/
property owners who own property adjoining . rights -of -way that are not
recommended for vacation are Jerre Paxton, parcel no. 181317- 42440; Felicia
Holtzinger, parcel no. 181317-43408 [sic. 181317- 43432]; William and Judy
Bailey, parcel no. 181317- 43431; and David and Gail • Myllenbeck, parcel no.
181317- 43429.
• III. Location. The respective locations of the public street right -of -way areas
involved m these petitions for vacation are:
1) The first and southernmost area requested for vacation is a north/south
30- foot -wide right -of -way for the west half of North 74 Avenue as originally
configured north of West Englewood Avenue. This right -of -way is about 220 feet
long. The petition indicates that the Loveless parcel no. 181317 -34412 abuts this
right -of -way on the west and that the Johnson parcel nos. 181317- 43462, 43461
and part of 43460 abut this right -of -way on the east. This area will be referred to
as the north/south 30- foot -wide right -of -way.
2) The location of the second area requested for vacation is a north/south
20- foot -wide right -of -way for the west half of North 74 Avenue as originally
configured north of Englewood Avenue which extends north from the first area
requested for vacation. This right-of-way is about 640 feet long. It extends along
the east 20 feet of the Loveless parcel no. 181317- 34426. The Johnson parcel nos.
181317- 4343 and part of 43460 abut this right -of -way on the east. The eastern
Larry Loveless & Charles Johnson 7
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1-08; Petition #08 -01
DOC.
INDEX
C' S
MAY 2 2 2
CITY OF YrAiKili +
PLANNING ®II1b
20 -foot width of this street right -of -way that used to exist over the Johnson parcels
has already been vacated by City of Yakima Ordinance No. 2006 -54 so as to
become a part of the Johnson property. This area will be referred to as the
north/south 20- foot -wide right -of -way.
3) The location of the third area requested for vacation is an east/west 40-
foot -wide unimproved right -of -way for Scenic Drive north of the intersection of
North 74 Avenue and West Englewood Avenue between the two improved
segments of Scenic Drive. It is about 1,970 feet long. The Loveless parcel no.
181317 -34426 abuts the westerly portion of this right -of -way on the south. The
Loveless parcel is about 660 feet long, including the north/south 20- foot -wide
right -of -way that will become part of the Loveless parcel. The Knutson parcel no.
181317 -31410 and part of the Roux parcel no. 181317 -31411 abut that westerly
portion of this right -of -way on the north. The Johnson parcel nos. 181317 -43439
and 43440 abut the south side of the next portion of this right -of -way to the east
which is about 740 feet long. Part of the Roux, Hanses, Plath and Paxton parcel
nos. 181317- 31411, 31426, 42428 and 42440 respectively abut this portion of the
right -of -way on the north. The Holtzinger, Bailey and Myllenbeck parcel nos.
181317- 43432, 43431 and 43429 respectively abut the remaining easterly portion
of this right -of -way on the south. The Paxton parcel no. 181317-42440 abuts the .
remaining easterly portion of this right -of -way on the north. The remaining
easterly portion of this right -of -way is about 570 feet long. This entire right -of-
way area will be referred to as the east/west 40- foot -wide unimproved Scenic
Drive right -of -way. •
IV. Legal Descriptions. The legal descriptions of the rights -of -way involved in
this request are:
1) The legal description for the north/south 30- foot -wide right -of -way is
described as follows in the reference to "Tract C" in the documentation submitted
with the petition:
"That part of the West half of the 40 foot wide road right of way running in
a North -South direction between Lot 43 and Lot 44 as shown on the plat of
Yakima Orchard Highlands Co's Orchard Tracts, according to the plat
Larry Loveless & Charles Johnson 8
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1-08; Petition #08 -01
110
DOC.
INDEX
C - 5
edlo�E VR)
M AY 2 2 1o138
CITY OFYiA 1
1111 PLANNING ®If1Y/_
thereof recorded in Volume B of plats, Page 31, records of Yakima County,
Washington; and that part of the additional 10 foot right of way lying
Easterly of Parcel B as shown on that certain short plat recorded in Volume
E of Short Plats, Page 15, records of Yakima County, lying
Northerly of the following described line:
Commencing at the Northwest corner of Lot 22 of the plat of
Englewood West -- Phase 1, according to the plat thereof recorded
under Auditor's file number 7537429, records of Yakima County,
Washington; thence South 00 °05'22" West along the West line of
said Lot 22, a distance of 60.07 feet to the Southwesterly corner of
said Lot 22 and the Point of Beginning of said described line; thence
North 55 °10'57" West 15.68 feet to the PC of a curve; thence along
a curve to the right having a radius of 175.00 feet, through a central
angle of 46 °53'53" and the terminus of said described line."
2) The legal description for the north/south 20- foot -wide right -of -way is
described as follows in the reference to "Tract B" in the documentation submitted
with the petition:
"The West half of the 40 foot wide road right of way running in a North-
South direction between Lot 38 and Lot 37 as shown on the plat of Yakima
Orchard Highlands Co's Orchard Tracts, according to the plat thereof
recorded in Volume B of Plats, Page 31, records of Yakima County,
Washington; lying Southerly of the Easterly extended North line of said Lot
38 and Northerly of the Easterly extended South line of said Lot 38."
3) The legal description for the east/west 40- foot -wide unimproved Scenic
Drive right -of -way is described as follows in the documentation submitted with
the petition:
"That portion of right of way situate between Tracts 27, 28 and 29 on the
North and Tracts 36, 37 and 38 on the South in the. Plat of YAKIMA
ORCHARD HIGHLANDS" CO'S. ORCHARD TRACTS as recorded in
Volume `B" of Plats, page 31, records of Yakima County, Washington
lying Westerly of the West right of way line of Scenic Drive on the East
Larry Loveless & Charles Johnson 9
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
110 R/W Vac #1-08; Petition #08 -01
DOC.
INDEX
# C -5
REGE1VED
MAY 2 2 2008
CITY OF YAKIIIA
PLANNING D11� 0
and Easterly of the East right of way line of Scenic Drive on the West,
more particularly described as follows:
Beginning at the Southwest corner of Lot 3 in Short Plat 82 -231 as
recorded under Auditor's File No. 2663183 records of Yakima County,
Washington, said point being situate 10 feet East of the Southwest corner of
said Tract 27; thence Easterly, along the South line of Lots 3 and 4 in said
Short Plat 82 -231 and the South line of Lot 4 in Short Plat 92 -40 as
recorded under Auditor's File No. 2958815, records of Yakima County,
Washington, (being the South line of said Tracts 27 and 28) to the
Southeast corner of said Lot 4 in Short Plat 92 -40; thence North 5 feet to
the Southwest corner of Lot 2A in Short Plat 93 -25 as recorded under
Auditor's File No. 2996273 records of Yakima County, Washington;
thence Easterly along the South line of said Lot 2A, 591.47 feet, to a angle
point corner of said Lot 2A; thence Northeasterly, 42.50 feet to a angle
point corner of said Lot 2A, situate 35 feet West of the East line of said
Tract 29; thence South 75 to a point on the North line of said Tract 36
situate 35 feet West of the Northeast corner thereof; thence Westerly along
the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of
the Northwest comer of said Tract 38; thence North 40 feet to the Point of
Beginning."
V. Notices. The Yakima City Council set April 10, 2008 as the date for the
public hearing regarding this request for vacation of rights -of -way by Resolution
No. R- 2008 -53 on March 18, 2008 in accordance with RCW 35.79.010. Notice of
the April 10, 2008 hearing was given more than twenty days before the hearing as
required by RCW 35.79.020 and was also given in additional ways as follows:
Posting of notice on property: March 3, 2008
Posting of notice in three public places: March 19, 2008
Publishing of notice in newspaper: March 21, 2008
Mailing of notice to property owners: March 21, 2008
Larry Loveless & Charles Johnson 10
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1 -08; Petition 408 -01
DOC.
INDEX
#
C-5
RECEIVED
MAY 22 2008
CITY OF Y;4i1
VI. Environmental Review. Street vacations are categorically exempt from
SEPA review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the
Yakima Municipal Code.
VII. Transportation Capacity Management Ordinance. This request is an
exempt activity under the Transportation Capacity Management Ordinance.
VIII. Background. This is a joint application by Larry Loveless and by Charles
Johnson for WCS Enterprises, LLP to vacate the various street right -of -way areas
described above. Public records indicate that the rights -of -way proposed for
vacation were dedicated to the City in 1907 by the Plat of Yakima Orchard
Highlands Co.'s Tracts recorded under Volume "E" of Plats, page 31 and that
S subsequently additional right -of -way for that portion adjacent to Tract 43 was
dedicated by a Short Plat recorded in 1975 m Book "E" of Short Plats, page 15.
Additional signatures and information have been provided to the Planning
Division and the Examiner at various times while these petitions have been under
consideration.
IX. Zoning and Land Use. All of the properties adjoining the right -of -way
areas are in the Suburban Residential (SR) zoning district except for some
property to the south and west of the north/south 30- foot -wide right -of -way which
is in the Single - Family Residential (R -1) zoning district. The rights -of -way
Larry Loveless & Charles Johnson 11
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
• R/W Vac #1-08; Petition #08 -01
DOC.
INDEX
# C -
RECEIvez
fvlAY 2 2 .2006
caw' oF PLANNING D
themselves are not being used, but adjoining areas are either vacant, being used for
single - family residences or being developed for single - family residences.
X. Development Services Team. A Development Services Team meeting was
held on March 5, 2008 to discuss the possible impacts of approving the requests
for vacation of these rights -of -way. The DST comments included the following
observations:
1) Building Permits /Codes: Codes has no issues until development of the
property.
2) Engineering Division: Engineering does not recommend vacating right -
of -way at any time. But since the land lies in a very steep and undeveloped area,
Engineering does not oppose the vacation of these rights -of -way.
3) Nob Hill Water. Association: The Association is planning to install a
water main in the right -of -way in connection with the development of the
Englewood West plat. The Association would like to have an easement reserved
for its line if the right -of -way is vacated.
XI. Criteria for the Vacation of Street Right -of -Way. City policy provides
the following specific criteria to be considered in determining the propriety and
requisites of street right -of -way vacations:
1) Public Benefit and Reasons Supporting the Proposed Vacation and
the Limits of the Proposed Vacation. The proposed right - - way vacations
would allow for the development of the petitioners' property without the need to
observe building setbacks from the unimproved public rights -of -way that are not
needed for any public purpose. Vacated property would be placed on the tax rolls.
Larry Loveless & Charles Johnson 12
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
C-
RECEIVED
MAY 2 2 ?Do
CITY OF tkiaitim
FRLAFr ifll nia LTiIl1Y1.
The City would be relieved of potential maintenance costs in the future. The
topography of the property where these rights -of -way are located has caused other
rights -of -way for streets to be dedicated elsewhere in the petitioners' respective
plats of Scenic Plateau and Englewood West. The limits of the proposed vacations
would be the north/south 30- foot -wide and 20- foot -wide right -of -way for the
original configuration of the west half of North 74 Avenue north of West
Englewood Avenue and the east/west 40- foot -wide unimproved Scenic Drive
right -of -way north of the intersection of North 74 Avenue and West Englewood
Avenue between the portions of Scenic Drive that are improved on both sides.
2) Necessity for the Right -of -Way as Access to Property. The only
right -of -way area needed for access to property is the portion of the east/west 40-
foot- wide unimproved Scenic Drive right -of -way east of the Johnson property
which is about 570 feet long. The City does not allow a private easement to serve
more than one property. The public street right-of-way should be preserved for
Y p r
the unimproved Scenic Drive right -of -way about 570 feet long east of the Johnson
property in order to provide continued access to the Holtzinger, Bailey and
Myllenbeck parcels south of the right -of -way and potentially the Paxton property
north of the right -of -way. Alternate methods of access that are more practical in
view of the topography been provided for the rest of the properties that could
otherwise be served by the remaining rights -of -way involved in these requests.
3) Consistency with the Six Year Transportation Improvement Plan,
the Urban Area Comprehensive Plan and other Official City Plans and
Policies. The subject rights-of-way are currently undeveloped and are not
included in the City's Six Year Transportation Improvement Plan. There are no
Larry Loveless & Charles Johnson 13
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1-08; Petition #08-01 -
DOC.
INDEX
•
RECEIVED
MAY 2 2 :24
CITY OF YAM
PLANN :PLAN,r4 LUG oIDw&
plans for improvement of the rights -of -way in any of the City's plans or policies.
Development of properties in a manner consistent with the Urban Area
Comprehensive Plan will not be hampered by the requested right -of -way vacations
of areas other than the portion of the 40- foot -wide unimproved Scenic Drive right -
of -way about 570 feet long east of the Johnson property so long as a public utility
easement is reserved for future utilities m the vacated portions of the unimproved
Scenic Drive right -of -way.
4) Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. The requested vacation
of rights -of -way other than the portion of the unimproved Scenic Drive right -of-
way east of the Johnson property will not adversely affect existing or anticipated
development in the area. It will instead facilitate future development of the
property adjoining said vacated areas by eliminating the need to provide structural
setbacks from unimproved public rights -of -way that would otherwise exist. •
5) Provisions for Relocation of Existing Utilities or Easements for
Existing Utilities. No existing public or private utilities or other improvements
are located within the right -of -way areas proposed for vacation which abut the
Loveless property. There is a driveway serving as access to the properties along
the unimproved Scenic Drive right -of -way east of the Johnson property. There is
a City sewerline and . manhole within the unimproved Scenic Drive right -of -way
north of the Johnson property. That sewerline may be extended to the west or to
the east in the future. The Nob Hill Water Association plans to extend a waterline
to the east from the area near that manhole to loop with an existing waterline to the
east. A public utility easement should therefore be reserved in the unimproved
Larry Loveless & Charles Johnson 14
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1-08; Petition #08 -01
411
DOC.
INDEX
# 0,5
irtrutIvED
• CITY OF Ym9+ ,
PLANNING D
Scenic Drive right -of -way for future utilities. The public utility easement should
be the entire 40 -foot width of the vacated right -of -way that extends about 740 feet
along the north boundary of the 'Johnson property which is located half on the
Johnson property and half on the property to the north. That is because there may
be both a sewerline and a waterline in that portion of the public utility easement in
the future which will need to have at least 10 feet of separation. The public utility
easement should be along the north 20 feet of the vacated 40 -foot width of the
right -of -way that extends about 660 feet along the north boundary of the Loveless
property, which will include the 20- foot -wide north/south right -of -way to be
vacated. Only 20 feet of width are necessary for the public utility easement north
of the Loveless property because there will not be a waterline in addition to the
sewerline m that portion of the right -of -way in the future. Written consent to
having that 20- foot -wide public utility easement located entirely on the northern
411 20 feet of that 40- foot -wide area to be vacated has been obtained from the owners
of the two properties to the north and is included in the record as Exhibit G -3.
6) Fair Market Appraisal and Compensation to the City. Compensation
to the City is not required under Subsection 1(C) of City Resolution #R- 2007 -126
because the City has neither purchased, maintained nor made any improvements to
the rights -of -way involved in this vacation request, and no planned or anticipated
public purpose exists for maintaining these rights -of -way.
CONCLUSIONS
Based on the above Findings, the Examiner reaches the following Conclusions:
Larry Loveless & Charles Johnson 15
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1-08; Petition #08 -01
DOC.
INDEX
# C-
RECEIVPD
MAY 2 2 2008
CITY OF YAhifif,
P LANNING Di
1) The Hearing Examiner has jurisdiction by virtue of Subsection 1.43.080(H)
of the Yakima Municipal Code to conduct open record public hearings regarding
petitions and resolutions to vacate public street rights -of -way and to make
recommendations to the City Council relative thereto.
2) All public notice requirements for vacation of street rights -of -way have
been completed in accordance with the applicable statutory and ordinance
requirements.
3) SEPA review was not required because street right -of -way vacations are
categorically exempt from SEPA review.
4) A traffic analysis report is not required for the requested vacation of street
rights -of -way under the Transportation Capacity Management Ordinance.
5) No properties would be denied access to the public street system as a result
of these right -of -way vacations except for properties located within the east 570
feet of the east/west'40- foot -wide unimproved Scenic Drive right -of -way.
6) These requests for public right -of -way vacations do not conflict with any
planned street improvement projects or other plans or projects of the City of
Yakima.
7) The five criteria governing the approval of public street right -of -way
vacations have all been satisfied for the requested right -of -way vacations except
for the portion of the request relating to the portion �f the east/west 40- foot -wide
unimproved Scenic Drive right -of -way east of the Johnson property.
8) Fair market compensation to the City is not required in this situation by
City Resolution R- 2007 -126.
9) Upon vacation the vacated 30- foot -wide and 20- foot -wide north/south
rights -of -way for the west half of North 74` Avenue as originally configured
should belong to the Loveless parcels upon which they are located since the east
half of those rights -of -way that were located on the Johnson parcels have been
previously vacated by City of Yakima Ordinance No. 2006 -54 so as to become a
part of those Johnson parcels.
10) In accordance with RCW 35.79.040, upon vacation the vacated east/west
40- foot -wide unimproved Scenic Drive right -of -way areas should belong to the
abutting property owners to the north and south of said vacated areas, one half to
each, subject to a public utility easement over part or all of said vacated areas as
detailed above.
Larry Loveless & Charles Johnson 16
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac # 1 -08; Petition #08 -01
110
DOC,
INDEX
c - 5
R CER'ED
MAY 2 2 :MC
CITY OF VACUA
PLANNING !®1X
11) Upon vacation a 40- foot -wide public utility easement should be reserved
along the north 20 feet of the Johnson property and the south 20 feet of the
property to the north so that that entire vacated area will be subject to a public
utility easement that will allow for needed separation between the • sewerline and
waterline planned for that area.
12) Upon vacation a 20- foot -wide public utility easement should be reserved
in the north 20 feet of the vacated 40- foot -wide right -of -way area along the south
20 feet of the property to the north of the Loveless property. The public utility
easement would be reserved only over the Knutson and Roux properties within
that vacated area because their properties, unlike the Loveless property, will need
to be served by an extended City sewerline and utilities other than water in the
future.
RECOMMENDATION
The Hearing Examiner makes the following recommendations to the Yakima City
Council:
1) That the Yakima City Council approve the P etition to vacate the
remaining north/south 30- foot -wide and 20- foot -wide public street right -of -way
for the original configuration of the west half of North 74 Avenue north of West
Englewood Avenue. The legal descriptions provided with the petition are set forth
above. Upon vacation the vacated property will properly become a part of the
Loveless parcels upon which they are located since the east half of said right -of-
way has previously been vacated and has become a part of the Johnson parcels
upon which they were located.
2) That the Yakima City Council deny the petition to vacate the east/west
40- foot -wide unimproved Scenic Drive right -of -way east of the Johnson property
which is about 570 feet long because vacation of that public street right-of-way
would deny sole access to properties located there.
3) That the Yakima City Council approve the petition to vacate the
east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20
Larry Loveless & Charles Johnson 17
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
S R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
# A_
RECEIVED
MAY 2 2 2008
CITY OF YAK
PLANNING
feet of the Johnson property and the south 20 feet of the adjoining property to the
north which is about 740 feet long and reserve therein a 40- foot -wide public utility
easement in that entire vacated area. The vacated area upon its vacation will be
owned, subject to said public utility easement, one half by the adjoining property
owner(s) to the south and one half by the adjoining property owners to the north.
4) That the Yakima City Council approve the petition to vacate the
westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over
the north 20 feet of the Loveless property, which is about 660 feet long including
the 20 feet of vacated north/south right -of -way, and over the south 20 feet of the
adjoining Knutson and Roux properties to the north and reserve therein a 20 -foot-
wide public utility easement over the north 20 feet of said vacated public right -of-
way area. The vacated area upon its vacation will be owned one half by the
adjoining property owner(s) to the south and one half by the adjoining property
owners to the north. The south 20 feet of the Knutson and Roux properties will be
subject to a public utility easement and the north 20 feet of the Loveless property
will not be subject to such an easement since only the properties to the north will
require the extension of the City's sewerline in the future and since there will be
no Nob Hill Water Association waterline within that portion of the vacated area.
DATED this 22 day of May, 2008.
Gary M. Cuillier, Hearing Examiner
Larry Loveless & Charles Johnson 18
Vacation of Street Rights -of -Way
No. of N. 74 & W. Englewood Ave.
R/W Vac #1 -08; Petition #08 -01
DOC.
INDEX
# C
• ORDINANCE NO. 2006 — 54
AN ORDINANCE relating to land use, vacating a certain portion of street right-of-way
identified as a portion of an undeveloped street right -of -way lying along
the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in
Volume "E" of Plats, page 81, records of Yakima County, Washington
described as follows: Beginning at the Northwest corner of said Tract
37; thence South, along the West line of said Tracts 37 and 44, 810.20
feet; thence West 20 feet; thence North, 810.20 feet; thence East 20 feet,
to the Point of Beginning.
WHEREAS, by application dated March 10, 2006, J &R Enterprises requested a vacation
of a portion of an undeveloped platted City of Yakima right -of -way running north and south
along the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD HIGHLANDS
CO'S. ORCHARD TRACTS, more particularly described in Exhibit "A ", attached hereto and
incorporated herein by this reference; and
WHEREAS, the City of Yakima has no future plans for development of this
undeveloped platted right -of -way; and
WHEREAS, J &R Enterprises, the applicant/petitioner for this ri t -of -w
right-of-way vacation, has
obtained three of the four signatures of property owners abutting the property subject to this
vacation application in support of the proposed vacation; and
WHEREAS, on October 11, 2006 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #1 -06, (the "recommendation ") recommending
that a portion of the undeveloped platted street right -of -way be vacated, said recommendation
attached hereto and incorporated herein by this reference as Exhibit `B "; and
WHEREAS, at a closed- record public hearing held on November 7, 2006, the City
Council considered the requested right -of -way vacation, including the documents and other
evidence which comprise the record developed before the Hearing Examiner, the Hearing
Examiner's Recommendation, and the statements and comments of interested persons;. and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of RCW Chapter 35.79, together with the City of
DOC.
INDEX
# C-
�l
Yakima street vacation policy, are correct and appropriate, and that the same should be adopted
by the City Council as its findings herein; and 4110
WHEREAS, no compensation to the City is necessary for this right -of -way vacation
because the City has neither purchased, maintained nor improved the portion of the undeveloped
platted street right -of -way proposed for vacation; and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested right -of -way vacation, Now Therefore,
BE IT ORDAINED BY THE CITY OF YAIIMA:
Section 1. A portion of the undeveloped platted street right -of -way running north
and south along the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD
HIGHLANDS CO'S. ORCHARD TRACTS, more particularly described in Exhibit "A ", attached
hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima.
Section 2. The findings, conclusions and conditions within the October 11, 2006
Hearing Examiner's Recommendation (UAZO R/W VAC #1 -06) regarding this right -of -way
vacation are hereby adopted by the City Council as its findings, conclusions and conditions in
support thereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated
herein by this reference as if fully set forth herein.
Section 3. The right -of -way vacation granted by this ordinance is expressly
conditioned on J &R Enterprises' satisfaction of the following conditions, as stated on page 11 of
the Hearing Examiner's Recommendation:
a. The applicant submit the legal description of the area to be vacated that has been
prepared by its surveyor to the Planning Division prior to the City Council's
consideration of this recommendation.
b. That Mr. Loveless submit a title report confirming his ownership of parcel
#181317 -34426 formerly owned by the Vander Houwen family to be served by
the new access through the revised plat of Englewood West prior to the City
Council's consideration of this recommendation.
Section 4. Severability: - If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is . declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
DOC.
INDEX
• Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
7th Day of November , 2006.
/s/ DAVID EDLER
David Edler, Mayor
Ni 1'bST:
S/ Deborah J. Moore
City Clerk
Publication Date: 11 -10 -2006 Effective Date: 12 -10 -2006
•
411
DOC.
INDEX
rtccEiv s6
MAR I Q 2006
C ITY OF :. <�
LEGAL DESCRIPTION OF RIGHT OF WAYS REQUESTED TO BE VACATED. ArvNII' �!'
1. That portion of the right of way lying between Tracts 28 and 37 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of
Plats, page 31, records of Yakima County, Washington, described as follows:
Beginning at the Northwest corner of said Tract 37; thence East, along the North line
thereof 462 feet; thence North 40 feet, to the South line of said Tract 28; thence West,
along the South line thereof, 462 feet; thence South 40 feet to the Point of Beginning.
2. All that right of way lying between Tracts 37 and 38 in the Plat of YAKIMA ORCHARD
HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page
31, records of Yakima County, Washington, AND extending to the South line of Tracts
27 and 28 in said subdivision, described as follows:
Beginning at the Southwest corner of said Tract 37; thence North, along the West line
thereof and said West line extended, to the South line of said Tract 28; thence West,
along the South line of said Tracts 28 and 27, 40 feet; thence South, along the East line of
said Tract 38 and the Northerly extension of said line, to the Southeast corner thereof;
thence East 40 feet to the Point of Beginning.
3. That portion of the right of way lying between Tract 44 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of
Plats, page 31, records of Yakima County, Washington, AND Lots 2 and 3 in Short Plat
No. 81 -181 recorded under Auditor's File No. 2630340 AND Lot 2 in Short Plat No. 81-
62 recorded under Auditor's File No. 2615549 records of Yakima County, Washington
described as follows:
Beginning at the Northwest corner of said Tract 44; thence South, along the West line
thereof 350 feet; thence West, 50 feet, to the East line of said Short Plat 81 -62; thence
North, along said East line and the East line of said Short Plat 81 -181, 350 feet to the
Northeast comer of Lot 2 in said Short Plat 81 -181; thence East 50 feet to the Point of
Beginning.
•
•
DOC.
•
INDEX
410
1 . # �_
. .
.„
*17 DMAK1 MEN h COMMUNITY AND ECONOMIC DE' __T OPMENT
William R. Cook, ,)irector
gV Doug Maples, CBO, Code Admin. and Planning Manager
y y I Planning Division
CT ?l
a^. s. = 129 North Second Street, 2nd Floor Yakima, Washington 98901
(509) 575 -6183 #, . Fax (509) 575 -6105
NOTIFICATION OF HEARING EXAMINER
RECOMMENDATION TO THE
YAKIMA CITY COUNCIL.
On October 11, 2006 the City of Yakima Hearing Examiner rendered his
recommendation on a UAZO R/W VAC #1 -06 & Petition #6 -06 submitted by J &R
Enterprises 11 East 1 Street Suite 3 Selah, Washington. The Applicant is requesting to
vacate a portion of North 74 Avenue Right -of -Way North of Englewood Avenue, in
Yakima, Washington. The application was reviewed at a public hearing held by the
Hearing Examiner on August 24, 2006 and again on October 9, 2006.
A copy of the Hearing Examiner's Findings and Recommendation is enclosed.
411 The Hearing Examiner's Recommendation will be considered by the Yakima City
g Y Y
Council in a public hearing to be scheduled. The City Clerk will notify you of the date,
time and place of the public hearing.
For further information or assistance you may contact Vaughn McBride, Community
Development Specialist at (509) 576 -6315 at the City Planning Division.
Doug Maples
Code Administrator & Planning Manager
Date of mailing: October 12, 2006
Enclosures: Hearing Examiners Recommendation
Yakima
DOC. tooltd
IP www.ci.yakima.wa.us INDEX 1
# _3 1994
RECEIVFf
OCT 1 1 2
City of Yakima, Washington CITY OF YAKidiA
Hearing Examiner's Recommendation PLANNING DP/.
October 11, 2006
In the Matter of an Application for Vacation )
Of Street Right -of -Way Submitted by: ) UAZO R/W VAC # 1 -06
Petition # 6 -06
J & R Enterprises )
To Vacate a Portion of North 74 Avenue )
Right -of -Way North of Englewood Avenue )
Introduction. The chronology of the hearing process relative to this request to
vacate public right -of -way on North 74 Avenue north of Englewood Avenue can
be summarized as follows:
1) The Hearing Examiner conducted a hearing on August 24, 2006. After
the Petitioner's representative, Chuck Johnson, withdrew his support of his own
petition at the hearing due to the opposition of property owners abutting a portion
of the west side of the right -of -way in question, the Hearing Examiner announced
at the hearing that under the circumstances he would be recommending denial of
the requested right -of -way vacation. •
2) On the tenth business day after the August 24, 2006 hearing, the
Examiner was provided a copy of a letter dated September 8, 2006 from Paul
Williams, attorney for property owners abutting part of the west side of the subject
right -of -way, to Supervising Planner Bruce Benson requesting that the record be
reopened to add additional information regarding a possible resolution of access
issues that appeared to be nearing completion. The Hearing Examiner was open to
changing his announced negative recommendation if the access issues comprising
J & R Enterprises 1
Vacation of Street Right -of -Way
North 74 Ave. n. of Englewood - DOC.
R/W Vac #1 -06; Petition #6 -06 INDEX
the basis for the opposition of abutting owners could be resolved because that
would dispense with the need f
p e eed or a remand from the City Council to take
additional testimony or the need for - processing a new petition due to that change
in circumstances. Because of the time, expense and effort that would be saved if
in fact such a resolution were reached between the petitioner and other abutting
owners that would warrant a favorable recommendation, the Hearing Examiner
after discussion with Mr. Williams and Mr. Benson issued an Interim Decision
dated September 8, 2006 requesting that the Planning Division notify the parties of
record of a reopened hearing in this matter on September 14, 2006 to hear
argument from any and all interested parties on the following issues:
1) Whether the record should be reopened for admission at the
hearing on that date of a binding written agreement between the petitioner
and the other abutting property owners who have expressed opposition to
this petition which satisfies the access requirements of the City for their
411 respective properties?
- 2) Whether the record should also be reopened for admission at the
hearing on that date of testimony supporting a favorable rather than
negative recommendation to the Yakima City Council regarding this right -
of -way vacation request due to the changed circumstances resulting from
such agreement?
After hearing argument from those present, the Hearing Examiner did reopen the
record to allow a 3 -page submittal to be included in the record. Two pages of that
submittal consisted of a letter dated September 11, 2006 from Mr. Larry M.
Loveless to the attention of Mr. Chuck Johnson of J & R Enterprises with a map
explaining and showing in rough fashion' a proposed form of alternate access to
the Vander Houwen property that would allow for a favorable recommendation to
the City Council as to vacation of a portion of the existing City right -of -way for
North 74 Avenue north of Englewood Avenue. The third page of the submittal
was a letter dated September 14, 2006 from Mr. Chuck Johnson to Mr. Larry
. J & R Enterprises 2
Vacation of Street Right -of -Way DOS.
North 74 Ave. n. of Englewood INDEX
R/W Vac #1-06; Petition #6 -06
# Cr _
Loveless agreeing to the terms of the offer so long as Mr. Loveless would bear
costs associated with the alternate access and utilities from the Englewood West
plat to the Vander Houwen property in a timely manner. Those submittals were
admitted into the record as Exhibits I -8, I -9 and I -10.
3) Mr. Paul Williams and the Vander Houwen family members requested
that a favorable recommendation to the City Council not be made on this request
unless and until J & R Enterprises modified its plat so as to show the road
dedication for satisfactory alternate access on the plat and unless and until Mr.
Loveless closed his agreement to purchase the Vander Houwen property. The
Examiner agreed to delay his recommendation on this matter until those
conditions were satisfied.
4) On September 29, 2006 the. Examiner received information from the
Planning Division indicating that the satisfaction of those conditions in a manner
satisfactory to the City may be forthcoming and that the hearing should be
continued on October 5, 2006 to determine whether the conditions have been met 0
and whether a favorable recommendation should be issued for consideration by
the City Council at its October 17, 2006 meeting. The Examiner issued a second
interim decision requesting notice of that continued hearing be given. Mr.
Benson, Mr. McBride and Mr. Cutter were present on October 5, 2006 and
indicated that the conditions were not yet satisfied, but probably would be satisfied
before October 9, 2006. The hearing was therefore continued to October 9 to
determine then if the conditions for a favorable recommendation were satisfied.
5) At the hearing on October 9, 2006, Mr. Loveless testified that his
purchase of the Vander Houwen property had closed, that he had procured an
agreement with a neighboring property owner for property needed for the alternate
access and that Mr. Johnson had agreed to allow access to the Loveless property
that was acceptable to him through a portion of the Englewood West plat. Mr.
Loveless submitted a copy of the portion of the plat of Englewood West that
J & R Enterprises 3
Vacation of Street Right -of -Way DOC.
North 74` Ave. n. of Englewood INDEX
R/W Vac #1 -06; Petition #6 -06
0:-
showed revisions for access to the Vander Houwen property which Mr. Johnson
® had had reared letter p p and a ette to Mr. Johnson dated October 6, 2006 detailing their
understanding. Although that letter is probably intended to state that the property
west rather than east of Lots 20 and 21 would be deeded to Mr. Loveless, Mr.
Johnson expressed agreement with the revisions in the plat of Englewood West
and the terms set forth in Mr. Loveless' letter. They were admitted into evidence
as Exhibits I -12 and I -13 respectively. Mr. Benson indicated that the City believes
that these revisions to the plat of Englewood West are a good solution to the
access problems that otherwise would exist and recommended approval of the
request to vacate the eastern 20 feet of the North 74 Avenue right -of -way from
the north side of the new access for the Loveless property to the northern boundary
of the Englewood West plat with the understanding that the entire 20 feet would
become part of the property in that plat from which that right -of -way originated
and subject to the condition that prior to the City Council's consideration of this
l e recommendation Mr. Loveless would submit a title report confirming for the
record that he has become the owner of the Vander Houwen property and Mr.
Johnson would submit his surveyor's legal description for the property to be
vacated north of the new access to the Loveless property. The Examiner indicated
that he would recommend favorable consideration of this request by the City
Council for that portion of the right -of -way on those conditions.
Summary of Recommendation. The Hearing Examiner recommends approval
of this request for vacation of the portion of the east 20 feet of the North 74
Avenue right -of -way north of the new access for the Loveless property through the
plat of Englewood West on the condition that the area to be vacated is legally
described by the surveyor for J & R Enterprises and the title report confirming
J & R Enterprises 4
Vacation of Street Right -of -Way
North 74 Ave. n. of Englewood DOC.
R/W Vac #1 -06; Petition #6 -06 INDEX
# C-3
ownership of the Vander Houwen property in Mr. Loveless is submitted prior to
the Ci ty Council's consideration of this recommendation.
Basis for Recommendation. Based upon a view of the site without anyone else
present on August 23, 2006; the staff report, exhibits, testimony and evidence
presented at an open record public hearing that was commenced and continued
from August 24 to September 14 to October 5 to October 9, 2006; and a review of
the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning
Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of
Yakima's street vacation policies; the Hearing Examiner makes the following:
FINDINGS
Applicant. The applicant is J & R Enterprises, 7300 West Englewood Avenue, II,
Yakima, Washington 98908.
Location. The location of the proposed vacation of the east 20 feet of the North
74 Avenue right -of -way is north from the north edge of the new access for the
Loveless property to the north boundary of the Englewood plat as shall be legally
described by the surveyor for J & R Enterprises.
Notices. The Yakima City Council set August 24, 2006 as the date for the public
hearing regarding this request for vacation of right -of -way by Resolution No. R-
2006 -75 on August 1, 2006 in accordance with RCW 35.79.010. Notices were
given more than twenty days before the hearing. Notice of the hearing was posted
on the right -of -way to be vacated, was posted in three public places and was
J & R Enterprises 5. 4 110
Vacation of Street Right -of -Way
North 74` Ave. n. of Englewood DOC.
R/W Vac #1 -06; Petition #6 -06 INDEX
# C -
mailed to all owners abutting the street rights -of -way to be vacated as required by
RCW 35.79.020. Notice also was given in addition to the minimum legal
requirements. Notice of the hearing was given as follows:
Posting of notice on property: May 5, 2006; verified August 1, 2006
Mailing of notice to property owners: May 5, 2006 & July 19, 2006
Publishing of notice in newspaper: May 5, 2006 & July 19, 2006
Posting of notice in three public places: May 5, 2006 & August 1, 2006
Environmental Review. Street vacations are categorically exempt from SEPA
review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the
Yakima Municipal Code.
Transportation Capacity Management Ordinance. This request is an
exempt activity under the Transportation Capacity Management Ordinance.
Background. Public records indicate that the right-of-way proposed for vacation
was dedicated in 1907 by the Plat of Yakima Orchard Highlands Co.'s Orchard
Tracts recorded in Volume "E" of Plats, Page 31, records of Yakima County,
Washington. Without an access through the plat of Englewood West, the Loveless
property to the west which is parcel #181317-34426 would need the right -of -way
for access to a proposed subdivision on that property that is being processed by
Yakima County.
Zoning and Land Use. The applicant's property adjoining the subject right -of-
way is in the Single- Family Residential (R -1) zoning district and is being
developed as a single- family residential subdivision that would utilize the vacated
110 J & R Enterprises 6
•
Vacation of Street Right -of -Way
North 74 Ave. n. of Englewood DOC.
R/W Vac 141-06; Petition #6 -06 INDEX
# -3
area as part of the lots along the west side of the subdivision. Adjacent properties
have the following characteristics:
Direction Zoning Land Use
North SR/R -1 Ag/Residential
South R -1 Residential
East R -1 Residential
West SR/R -1 Ag/Residential
Development Services Team. A Development Services Team meeting was
held on April 4, 2006 to discuss the possible impacts of approval of the requested
right -of -way vacation. The comments included the following observations:
(i) Engineering Division: The slope of the property proposed for vacation
would be no greater than, 15 %. If the right -of -way is vacated without an alternate
means of access for Parcel #181317-34426, it could effectively be landlocked
because the only other access from Scenic Drive has significant slope problems.
The Engineering Division recommended denial of the vacation request unless
impairment of access to nearby properties can be avoided.
(ii) Wastewater Division: There were no wastewater concerns regarding
this project. The nearest sewer manhole is located at the proposed entry to the
subdivision at 74 Avenue and Englewood.
(iii) Stormwater Engineering: The City cannot vacate the above mentioned
road right -of -way unless another access is provided to Parcel #181317 -34426
through the Englewood West development. To extend a road west of the proposed
new alignment of North 74 Avenue would resolve this issue.
(iv) Traffic Engineering: The American Association of State Highway &
Transportation Officials (AASHTO) recommends designing for as flat a street as
possible. Where adjacent sidewalks are present, a maximum grade of 5% is
recommended to meet ADA requirements. AASHTO's recommended maximum
grades for urban collectors specifies a maximum grade of 9% for a design speed of
25 mph for level terrain, 12% for rolling terrain and 14% for mountainous terrain.
At present there are several streets within the City that exceed 14% slope such as
Fechter Road, North 66 Avenue, Englewood Avenue and Pecks Canyon Road.
(v) Nob Hill Water: Nob Hill Water does not occupy any portion of this
right -of -way and does not see the need to do so in the future. The plat is already
covered by fire hydrant service with an existing hydrant at the northwest corner of
the development.
J & R Enterprises 7
Vacation of Street Right -of -Way ,,
North 74 Ave. n. of Englewood INDEX
R/W Vac #1 -06; Petition #6 -06
# C - 3
Criteria for the Vacation of Street Rights -of -Way. City policy provides the
•
following specific criteria to be considered in determining the propriety and
requisites of street right -of -way vacations:
1. Public Benefit and Reasons Supporting the Proposed Vacation and
the Limits of the Proposed Vacation. The proposed vacation would allow the
development of right -of -way areas as part of the applicant's residential lots in the
Englewood West plat. The plat will benefit the public by providing infill of this
vacant property by development of a residential subdivision. The vacation of the
right -of -way will allow the lots to be larger than otherwise. The topography of the
terrain precludes the practical use of the right -of -way recommended for vacation
as access, and the property to the west can be better accessed by connecting with
the realignment of North 74 Avenue within the plat of Englewood West.
2. Necessity for the Right - of - Way as Access to Property. With the
revision of the Englewood West plat so as to provide access to the Loveless parcel
to the west, approval of the request would not eliminate the sole means of access
to any parcel of property.
3. Consistency with the Six Year Transportation Improvement Plan,
the Urban Area Comprehensive Plan and other Official City Plans and
Policies. The subject right -of -way is currently undeveloped and is not included in
the City's Six Year Transportation Improvement Plan. There are no plans for
improvement of the right -of -way in any of the City's plans or policies.
4. Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. Although street rights-
", J & R Enterprises 8
Vacation of Street Right -of -Way
North 74 Ave. n. of Englewood DOC.
RJW Vac #1 -06; Petition #6 -06 INDEX
•
# c .3
of -way are not zoned, upon their vacation they are zoned the same as the
contiguous property. The applicant's proposed residential subdivision is in the
Single- Family Residential (R -1) zoning district. Use of the vacated area to
increase the size of residential lots that would be permitted outright as a Class (1)
use on the property would be compatible with zoning and long range plans for this
area because infill is encouraged within the City limits. Furthermore, all of the
street right -of -way recommended for vacation should be allowed to be used for the
applicant's Englewood West residential lots. Since all the property to be vacated
was originally part of the Plat of Yakima Orchard Highlands Co.'s Orchard Tracts
now owned by the applicant, it all should be returned to that plat which has now
been altered into the Englewood West plat. The following general provision of
RCW 35.79.040 should not be applied in this case:
"35.79.040 Title to vacated street or alley. If any street or alley in any city
or town is vacated by the city or town council, the property within the limits
so vacated shall belong to the abutting property owners, one -half to each."
Since here the property to the west of the right -of -way to be vacated is also right -
of -way, the effect of applying this general statute would be to allow 10 rather than
20 feet of the right -of -way to be vacated. Since all the east 20 feet of the subject
street right -of -way dedicated in 1907 were originally a part of the Plat of Yakima
Orchard Highlands Co.'s Orchard Tracts without any contribution from adjacent
properties, the following provision of RCW 35.79.212 relative to the vacation of a
portion of a subdivision should apply here by analogy because that original plat is
being replaced by the plat of Englewood West:
•
"When the road or street that is to be vacated was contained wholly within
the subdivision and is part of the boundary of the subdivision, title to the
vacated road or street shall vest with the owner or owners of property
contained within the vacated subdivision."
J & R Enterprises 9
410
Vacation of Street Right -of -Way
North 74 Ave. n. of Englewood_ DOC
R/W Vac #1 -06; Petition #6 -06 INDEX
# C_
5. Provisions for Relocation of Existing Utilities or Easements for
•
Existing Utilities. N
g No existing public or private utilities or other improvements
are located within the right -of -way areas proposed for vacation.
6. Fair Market Appraisal and Compensation . to the City.
Compensation to the City is not required under City Resolution D -5630 because
the City has neither purchased, maintained nor made any improvements to the
portions of the right -of -way recommended for vacation, and no planned or
anticipated public purpose exists for maintaining this right -of -way area.
CONCLUSIONS
1. The Hearing Examiner has jurisdiction and authority by virtue of
Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record
public hearings regarding petitions and resolutions to vacate streets and public
rights -of -way and to make recommendations to the City Council relative thereto.
2. All public notice requirements for a street vacation have been completed in
accordance with applicable statutory and ordinance requirements.
3. SEPA review was not required because street right -of -way vacations are
categorically exempt from SEPA review.
4. A. traffic analysis report is not required for the requested right -of -way
vacation under the Transportation Capacity Management Ordinance.
5. No properties will be denied access to the public street system as a result of
this vacation.
6. This request for vacation does not conflict with any planned street
improvement projects or other plans or projects of the City of Yakima.
• J & R Enterprises 10
Vacation of Street Right -of -Way DOG.
North 74 Ave. n. of Englewood
R/W Vac #1 -06; Petition 146 -06 INDEX
# (!_3
7. The five criteria governing the approval of right -of -way vacations have all
been satisfied. •
8. Fair market compensation to the City is not required in this situation by City
Resolution D -5630.
9. Since the dedicated right -of -way originally was a part of the platted
property now owned by the applicant, all of the vacated property should become a
part of applicant's property rather than be shared with adjacent properties.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
portion of the east 20 feet of the North 74 Avenue right -of -way north of the new
access for the Loveless parcel #181317-34426 through the plat of Englewood
West SHOULD BE VACATED so that title to the entire easterly 20 -foot width of
said portion of right -of -way is vested in the applicant who now owns the portion
of the plat where all of the vacated street right -of -way originated without any
contribution from adjacent properties, subject to the following conditions:
1) That the applicant submit the legal description of the area to be vacated
that has been prepared by its surveyor to the Planning Division prior to the City
Council's consideration of this recommendation.
2) That Mr. Loveless submit a title report confirming his ownership of
parcel #181317 -34426 formerly owned by the Vander Houwen family to be served
by the new access through the revised plat of Englewood West prior to the City
Council's consideration of this recommendation.
DATED this 11 day of October, 2006.
Gary M. Cuillier, Hearing Examiner
J & R Enterprises 11
Vacation of Street Right -of -Way
North 74 Ave. n. of Englewood DOC.
R/W Vac #1 -06; Petition #6 -06 INDEX
C_
0 RESOLUTION NO. R -2006- 08
A RESOLUTION granting conditional preliminary plat approval for the Englewood
_ West Preliminary Plat.
WHEREAS, on November 2, 2005, the Hearing Examiner held an open record
public hearing to consider an application for an eighty -lot subdivision located near the
7200 block of Englewood Avenue east of North 74th Avenue submitted by Chuck
Johnson of J &R Enterprises, City No. UAZO Preliminary Long Plat #2-05 and EC# 17 -05;
and
WHEREAS, on November 17, 2005, the Hearing Examiner issued his Examiner's
Recommendation (referred to herein as the "Recommendation "), recommending
approval of the Application subject to several stated conditions; and
WHEREAS, the proposed Application conforms with the City of Yakima Zoning
Title, YMC 14.25.110, and other applicable land use controls; and
WHEREAS, at its public meeting on January 3, 2006, after notice duly given
• according the requirements of the Yakima Municipal Code, the Yakima City Council
adopted the Hearing Examiner's Recommendation and instructed the City's legal staff
to prepare a resolution reflecting the same; and
WHEREAS, the City of Yakima has complied with the substantive, procedural,
and notice requirements associated with SEPA, the Growth Management Act, and the
Yakima Municipal Code for the purpose of reviewing the Applications; and
WHEREAS, the Yakima City Council finds that it is in the best interest of the City
of Yakima to pass the" following; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: •
Section 1. Incorporation of Recitals. The above recitals are hereby
incorporated into this resolution.
•
DOC.
Page 1 INDEX
# C_a
Section 2. Incorporation of Hearing Examiner's Recommendation and Aft
Condition of Approval. The Hearing Examiner's Recommendation is hereby adopted IP
and ratified by the Yakima City Council as its conditional decision of approval of the
Application herein. A copy of the Recommendation is attached hereto as Exhibit A and
incorporated herein by this reference.
Section 3. Findings. The Yakima City Council adopts the findings of the
Hearing Examiner's Recommendation as its own findings herein, and further finds that
the requirements of RCW 58.17.110 have been met.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this resolution is dedared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this resolution.
ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 17th day of ianuary . 2006.
/S/ DAVID IDLER
David Edler, Mayor
411
ATTEST:
/S/ KAREN S. ROBERTS
City Clerk
DOC.
Page 2 INDEX
' a Y ` 51 DEPARTMENT G- 2OMMUNITY AND ECONOMIC DEVE PMENT
,44011..t , s Planning Division
`"' �` Doug Maples CBO Code Admin. and Planning Manager t www.ci.yakima.wa.us
129 North Second Street, 2nd Floor
COfP�NKfE, Yakima, Washington 98901
Phone (509) 575 -6183 • Fax (509) 575 -6105
NOTIFICATION OF HEARING EXAMINER
RECOMMENDATION TO THE
YAKIMA CITY COUNCIL
On November 17, 2005 the Yakima Hearing Examiner rendered his
recommendation on the Preliminary Long Plat application submitted by J & R
Enterprises. The applicant proposes an 80 -lot subdivision to be known as the
Plat of Englewood West. The subject property is located in the vicinity of 7200
Englewood Avenue, Yakima, Washington. The application was reviewed at a
public hearing held by the Hearing Examiner on November 2, 2005.
A copy of the Hearing Examiner's Findings and Recommendation is enclosed.
• The Hearing Examiner's Recommendation will be considered by the Yakima
City Council in a Public Hearing to be scheduled. The City Clerk will notify
you of the date, time and place of the public hearing.
For further information or assistance you may contact Vaughn McBride,
Community Development Specialist, City of Yakima Planning Division located
on the 2nd floor of Yakima City Hall, (129 North Second Street), 576 -6315.
kle
Doug Mapl s
Planning and Code Administration Manager
Date of mailing: November 21, 2005
Enclosures: Hearing Examiner's Recommendation
Preliminary Plat and Vicinity Map
• Yakima
DOC.
INDEX ij[E
1 / 1994
RECEIVED
N0V 1 7 2005
CITY OF YAKIMA, WASHINGTON OPL ANNNING
HEARING EXAMINER'S RECOMMENDATION
November 17, 2005
In the Matter of a Preliminary Plat )
Application Submitted by: )
) LONG PLAT #2 -05; EC #17 -05
J & R Enterprises, Chuck Johnson )
)
For an 80 -Lot Subdivision to be known )
As the Plat of Englewood West in the )
Vicinity of 7200 Englewood Avenue )
Introduction. The Hearing Examiner conducted a public hearing on November 2, 2005
and has issued this decision within ten business days. The staff report presented by
Community Development Specialist Vaughn McBride recommended approval of the
preliminary plat with conditions. The applicant, Mr. Chuck Johnson of J & R
Enterprises, and his representative, Mr. Richard Wehr of PLSA Engineering and
Surveying, supported the staff recommendation and answered questions of Jenny Snyder
and Mark Snyder who were primarily concerned about surface water drainage from the
proposed preliminary plat and issues related to an eight -lot subdivision south of
Englewood Avenue which the applicant has sold to another developer. Supervising
Planner Bruce Benson answered a question about an existing public right -of -way that
runs east from the north boundary of the proposed preliminary plat and Mr. McBride
indicated that the issues related to the previous plat are being discussed with the
applicant. During the SEPA comment period, one comment letter was received
expressing concern about the hazards caused by increased traffic at intersections in the
J & R Enterprises, Chuck Johnson 1
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2-05; EC 17 -05
DOC,
INDEX
# c ,/
area and another comment letter expressed concern about increased traffic on Englewood
Avenue, possible chemicals in the soil from past agricultural uses, elimination of an
irrigation pond used by ducks in the spring and fall, the inventory of existing wildlife and
possible effects on views. This recommendation is based upon the recommendations in
the staff report and upon the conditions of the SEPA MDNS which address the statutory
criteria for review of this proposed preliminary plat.
Summary of Recommendation. The Hearing Examiner recommends approval of this
proposed preliminary plat, subject to the conditions recommended by the Planning
Division which include the conditions in the SEPA MDNS.
Basis for Decision. Based on a view of the site with no one else present on November
2, 2005; the staff report, exhibits, testimony and other evidence presented at the open
• record public hearing on November 2, 2005; and a consideration of the applicable
subdivision requirements, zoning requirements, q g q ents, comprehensive plan provisions,
development standards and consistency criteria; the Hearing Examiner makes the
following:
FINDINGS •
Applicant. The applicant is J & R Enterprises, Chuck Johnson, 11 East 1 St Avenue,
Suite 3, Selah, Washington 98942.
Location. The proposed preliminary plat is located in the vicinity of the 7200 block of
Englewood Avenue in the City of Yakima to the east of North 74 Avenue; parcel nos.
181317 -34427 and 181327- 43430.
III J & R Enterprises, Chuck Johnson 2
V icinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 - D ` '
INDEX
# c, /
Application. This proposed preliminary plat would divide about 28 acres into 80
single- family residential lots.
Notices. The evidence presented at the hearing indicated that all notices were provided
in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima
Municipal Code (YMC) relating to subdivision, zoning and development regulations.
They include the following:
Mailing of Notice of Application . & Preliminary MDNS August 5, 2005
Publication of Notice of Application & Preliminary MDNS August 5, 2005
Posting of Land Use Action Sign on the Property August 5, 2005
Mailing of Notice of Final MDNS September 26, 2005
Publication of Notice of Final MDNS September 26, 2005
Mailing of Notice of 11/2/05 Public Hearing October 13, 2005
Publication of Notice of 11/2/05 Public Hearing October 13, 2005
Environmental Review. The SEPA Responsible Official issued a Mitigated 4110
Determination of Nonsignificance (MDNS) on September 26, 2005 pursuant to WAC
197 -11 -355 which included extensive mitigation measures related to stormwater drainage
and retention, soil erosion control, public infrastructure, traffic engineering and
concurrency and irrigation water which will be recommended conditions of this proposed
preliminary plat.
Transportation Concurrence. The Traffic Capacity Analysis completed on October
4, 2005 approved this application for consistency with the City's Transportation Capacity
Management Ordinance in Chapter 12.08 of the Yakima Municipal Code. It was
determined that this development will not exceed the PM peak hour capacity of the City
Arterial street system and that reserve capacity exists on all impacted streets. This review
J & R Enterprises, Chuck Johnson 3
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 -05 DOC.
INDEX
# c-
does not include any site development or safety issues which may be discussed at the
project level or SEPA review.
Development Services Team. The Development Services Team met on June 8, 2005
and again on June 15 and June 28, 2005 to discuss stormwater and transportation issues
with the applicant which led in part to the recommended conditions of approval of this
proposed preliminary plat.
Zoning and Land Use of Site. The current zoning of the property within the proposed
preliminary plat is Suburban Residential (SR). The property currently contains an apple
orchard and one single - family residence.
Project Description. This application to subdivide approximately 28 acres into 80 lots
• would accommodate the construction of detached single - family residences. The
developer anticipates completing the development in five phases from 2005 through
2010. Lots sizes would range from 9,123 square feet to 46,739 square feet in size and
would average 13,318 square feet overall.
New public streets would be extended into and throughout the site to provide
access to each of the proposed lots. Access to the development would be from
Englewood Avenue by extending new streets into the site (North 72 Avenue and North
74 Avenue). Proposed new interior streets would include Englewood West Drive which
would serve as a connector street between North 72 and North 74 Avenues and also
72 Place which would provide access to lots in Phase II. Temporary cul -de -sacs would
be available to provide adequate turn- around space for emergency vehicles and garbage
pickup through each development phase. The proposed phasing would be Lots 1 through
S J & R Enterprises, Chuck Johnson 4
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West" DOC.
PRE LONG PLAT #2 -05; EC 17 -05 INDEX
# C'_I
22 in Phase I; Lots 23 through 45 in Phase II; Lots 46 through 55 in Phase III; Lots 56 it
through 68 in Phase IV ; and Lots 69 through 80
gh ough in Phase V.
The project area consists of hilly terrain with the steepest slope estimated at 32
percent. Soil composition generally consists of sandy loam over hardpan. Soil
conservation service classifications are Gorst Loam, 15 to 30 percent slopes and Cowiche
Loam, 8 to 15 percent slopes. Approximately 11,300 cubic yards of soil excavated from
parcels at the southeast corner of 74 Avenue and Englewood Avenue will be utilized to
fill the lower area of the project area. Regulatory erosion control measures will be
implemented during development and construction activities.
A small irrigation/frost pond located in the northeast portion of the site will be
removed. No surface water withdrawals or diversions will be required. Water runoff will
be primarily from rainfall and snowmelt. All runoff will be collected and managed on-
site. The site is currently used for an apple orchard. Adjacent properties include low to
moderate density residential uses.
Jurisdiction. Section 14.20.100 of the City's subdivision ordinance provides that the
Hearing Examiner shall hold a public hearing and submit a recommendation to the City
Council relative to the subdivision criteria listed in that section and in RCW 58.17.
Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the
Hearing Examiner shall review a proposed subdivision during an open record public
hearing to inquire into and determine whether or not the following standards are satisfied:
1) Subsection 14.20.100(1) -- Consistency with the provisions of the City's
Urban Area Zoning Ordinance: Subsection 15.03.030(1) of the Urban Area Zoning
Ordinance indicates that the intent of the Suburban Residential (SR) zoning district is to
provide a variety of residential lifestyles with densities up to seven units per net
J & R Enterprises, Chuck Johnson 5
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 -05 - DOC.
INDEX
# C. /
® residential acre where public water and public sewer are used. The proposed preliminary
plat would be consistent with that intent and would be required to comply with the other
provisions of the City's zoning ordinance.
2) Subsection 14.20.100(2) -- Consistency with the provisions of the
Comprehensive Plan: The City's Future Land Use Map and Comprehensive Plan
designate the property within the proposed plat as suitable for Low Density Residential
development. This proposed plat is consistent with that designation and is also consistent
with other provisions of the comprehensive plan that encourage infilling, recognize the
need for public water and sewer, encourage disposal of surface drainage on -site and
encourage development consistent with the general land use pattern in the area.
3) Subsection 14.20.100(3) -- Consistency with the provisions of this title,
Title 14 entitled "Subdivision Ordinance ": As proposed and with the recommended
conditions, this proposed preliminary plat would meet all the design requirements in
Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development
40 standards. This review and the recommended conditions are intended to ensure
consistency with the provisions of the City's subdivision ordinance as well as other
applicable City ordinances.
4) Subsection 14.20.100(4)(a) — Appropriate provisions for public health,
safety and general welfare: The construction of new residential units which will
complement adjacent uses will promote the public health, safety and general welfare
insofar as there is a.need in this community for single - family residences and insofar as
this proposed preliminary plat would be required to comply with all applicable City
development standards, all mitigation measures in the SEPA MDNS and all conditions of
approval specified by the City Council.
5) Subsection 14.20.100(4)(b) — Appropriate provisions for open spaces: The
proposed lots are larger than minimum sizes that could be approved for various types of
dwelling units in the SR zoning district. Lot coverage of less than 45% in the SR zoning
0 J & R Enterprises, Chuck Johnson 6
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West" -
PRE LONG PLAT #2 -05; EC 17-05 DOC.
INDEX
# e ,/
district will provide light and air for future residents in accordance with the standards in 0
the zonin g ordinance.
6) Subsection 14.20.100(4)(c) — Appropriate provisions for drainage ways:
The SEPA MDNS requires, among other mitigation measures, that all surface water
generated from the proposed project, including surface water from roads, residential
dwellings, buildings and landscaped areas, be disposed of on -site for the full 25 -Year
Storm design and that the developer shall use Best Management Practices (BMPs) as
detailed in the Stormwater Management Manual for Eastern Washington to provide
erosion and sediment control. The SEPA MDNS measures and recommended stormwater
retention and drainage requirements will make adequate provisions for drainage ways.
7) Subsection 14.20.100(4)(d) — Appropriate provisions for streets or roads,
alleys and other public ways: Englewood Avenue is classified as an Urban Collector
Arterial with 60 feet of right -of -way. Transportation Concurrency Review completed on
October 4, 2005 determined that this proposed preliminary plat would not exceed the PM
peak hour capacity of the City Arterial street system and that reserve capacity exists on ip
all impacted streets. Specific additional street improvements, besides those required by
Title 12 of the Yakima Municipal Code, were suggested during the DST meeting process.
Street improvements for proposed North 72n Avenue and in the vicinity of proposed Lot
74 as a result of those meetings are recommended conditions that will make adequate
provisions for streets
8) Subsection 14.20.100(4)(e) — Appropriate provisions for transit stops:
Although no specific evidence was submitted regarding this consideration, the City
would provide such transit stops as it deems necessary to serve the future residents of the
proposed preliminary plat.
9) Subsection 14.20.100(4)(f) — Appropriate provisions for potable water
supplies, irrigation and other water suppliers: All lots would be served with public
domestic water in accordance with City of Yakima Title 12 standards. They would also
J & R Enterprises, Chuck Johnson 7
Vicinity of 7200 Englewood Ave.
110
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 -05 DOC
INDEX
# C -(
III be served with irrigation water from the Yakima - Tieton Irrigation District. No individual
wells or other water system will be allowed. The required sources of water for the
proposed preliminary plat would constitute adequate provisions for same.
10) Subsection 14.20.100(4)(g) — Appropriate provisions for sanitary waste
disposal: There would be adequate provisions for sanitary waste disposal for the
proposed preliminary plat in the form of public sewer service provided in accordance
with the City of Yakima's Title 12 standards. No septic systems or other method of
sewage disposal will be allowed.
11) Subsection 14.20.100(4)(h) — Appropriate provisions for parks and
recreation: Adequate provisions for parks and recreation are provided within the
proposed preliminary plat without the need for an internal park due in part to the size,
number and location of the proposed lots.
12) Subsection 14.20.100(4)(i) — Appropriate provisions for playgrounds:
• Adequate provisions for playgrounds exist at the schools which children within the
proposed preliminary plat would be attending, particularly in view of the size of the lots
which would also allow for playground areas as needed or desired on the lots themselves.
13) Subsection 14.20.100(4)(j) — Appropriate provisions for schools and
school grounds. No comments were received from the School District to suggest the
need for an additional school at this location.
14) Subsection 14.20.100(4)(k) — Appropriate provisions for sidewalks: Since
the proposed plat would have sidewalks on both sides of the streets in accordance with
City standards, the proposed plat would make appropriate and adequate provisions for
sidewalks.
15) Subsection 14.20.100(4)(1) — Appropriate provisions for other planning
features that assure safe walking conditions for students who walk to and from
school: There was no evidence presented at the hearing of a need for features other than
0 J & R Enterprises, Chuck Johnson 8
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 -05 DOC•
INDEX
•
sidewalks on both sides of the streets to provide safe walking conditions for students who
walk to and from school.
16) Subsection 14.20.100(5) — Public use and interest: The evidence indicated
that this proposed plat would be consistent with neighboring land uses and would better
serve the needs of this area than continued agricultural use. Based on the standards
discussed above, it is apparent that the public use and interest would in fact be served by
the proposed preliminary plat. With recommended conditions, it would comply with the
City's zoning ordinance, comprehensive plan and subdivision ordinance. It would also
make appropriate and adequate provisions for the public health, safety and general
welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste
disposal and sidewalks and is in a location where additional provisions for parks,
playgrounds, schools or separate walking paths to school have not been recommended or
deemed necessary.
Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal ill
Code. The following analysis involves the application's consistency with applicable
development regulations, or in the absence of applicable regulations, the adopted
comprehensive plan as mandated by the State Growth Management Act and the Yakima
Municipal Code. During project review, neither the City nor any subsequent reviewing
body may re- examine alternatives to, or hear appeals on, the items identified in these
conclusions except for issues of code interpretation.
a) The type of land use contemplated by the proposal (a residential
development) is permitted on this site so long as it complies with the regulations of the
zoning ordinance, subdivision ordinance, building codes and other applicable regulations.
b) The level of development (lot size, contemplated density) would not exceed
the allowable limit in the Suburban Residential (SR) zoning district.
J & R Enterprises, Chuck Johnson 9
Vicinity of 7200 Englewood Ave.
4110
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05 • EC 17 -05
' DOC.
INDEX
•
• c) The availability and adequacy of infrastructure and public facilities is not
an issue because the additional infrastructure that would be provided at the applicant's
expense would insure that adequate infrastructure and public facilities are available for
the proposed preliminary plat.
d) The character of the proposal, such as the proposal's consistency with
applicable development standards of the City's Urban Area Zoning Ordinance,
primarily involves consideration of specific development standards relating to lot size,
access, potable water, sewage disposal and other features of the proposed preliminary plat
which have been discussed in detail above. With the recommended conditions, the
proposed preliminary plat would be consistent with the development standards of
applicable City ordinances.
CONCLUSIONS
1. The Hearing Examiner has jurisdiction to recommend to the Yakima City
g jurisdiction tY
Council the approval of a proposed preliminary plat pursuant to Section 14.20.100 of the
subdivision ordinance
2. A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for
this project on September 26, 2005 and was not appealed within the time period for an
appeal.
3. The proposed preliminary plat of Englewood West, with the conditions detailed
below, . is in compliance with the City's comprehensive plan, zoning ordinance and
subdivision ordinance; makes appropriate and adequate provisions for the public health,
safety and general welfare and for open spaces, drainage ways, streets, transit stops,
potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks;
and, according to the weight of the evidence presented at the hearing, does not require
110 J & R Enterprises, Chuck Johnson
10
Vicinity of 7200 Englewood Ave. .
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 - DOC
INDEX
# C'_ /
that specific provisions be made for the other requisite plat considerations such as
additional schools, additional school grounds or additional planning features p g eatures that assure
safe wallcing conditions for students who only walk to and from school.
4. The proposed preliminary plat is in compliance with the consistency
requirements of Subsection 16.06.020(B) of the Yakima Municipal Code.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the proposed 80-
lot preliminary plat of the Plat of Englewood West be APPROVED in accordance with
the details described in the application and in the related documents which are assigned
file numbers LONG PLAT #2 -05 and EC # 17 -05, subject to compliance with the SEPA
MDNS requirements which are adopted and incorporated herein and the following
conditions:
Domestic Water and Sanitary Sewer
1. All lots shall be provided with public domestic water and public sewer service
according to YMC Title 12 standards. No individual wells or other water system
will be allowed. No individual septic systems or other sewage disposal methods
will be allowed.
2. Prior to final plat approval written verification from the City of Yakima
Engineering Department must be provided to the City of Yakima Planning
Division indicating that all water and sewer extensions have been completed or
financially secured.
Utilities
1. All public and private utilities shall be located underground, with the exception of
telephone boxes and such similar structures.
J & R Enterprises, Chuck Johnson 11
411
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 -05 DOC.
INDEX
# cr
® 2. A minimum 10 -foot wide public utility easement must be provided adjacent to all
public road right -of -ways.
3. Easements for new and/or future utilities must be a minimum of 16 feet in width,
provided that the width of easements for buried utilities must be twice the depth of
the planned excavation.
4. All public and private utilities located within public road rights -of -way must be
• constructed prior to the start of road construction.
Irrigation Water
1. Irrigation easements, if required, shall be provided as specified by the Yakima -
Tieton Irrigation District.
2. The developer must obtain approval of the Yakima - Tieton Irrigation District.
3. The developer must satisfy Article 2 of Yakima - Tieton Irrigation District
Resolution 97 -5.
4. Prior to plat approval, the developer must receive Yakima - Tieton Irrigation
Distict's written verification of the presence of a 15 -foot wide non - exclusive
irrigation easement that will allow for distribution of irrigation water to all parcels
of land within the District's boundary.
Public Infrastructure
• 1. All lots must be provided with adequate fire flow.
2. Fire hydrants shall be placed at the locations specified by the Building Codes
Division and Yakima Fire Department.
3. The developer shall construct a paved L- shaped turn- around at the north end of
North 72nd Avenue.
4. The developer shall pave the existing right-of-way located to the east of North 72
Avenue four feet north of the centerline east for the entire length of Lot #74.
5. The developer shall install a curb return and 5 -foot sidewalk that extends eastward
for the entire length of Lot #74.
6. Vacation of right -of -way along western boundary line must be accomplished
during Phase I of the development project.
7. All frontage improvements shall be engineered, constructed and approved m
accordance with Title 12 Standards of the Yakima Municipal Code.
Stormwater Drainage & Retention
1. All surface water generated from the project, including roads, residential
dwellings, buildings, landscaped areas, must be disposed of on -site for the full 25-
Year Storm design.
0 J & R Enterprises, Chuck Johnson 12
Vicinity of 7200 Englewood Ave.
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 - DOC.
INDEX
. # c. /
2. Surface water plans must be reviewed and approved by the City of Yakima
Surface Water Engineer.
3. A construction stormwater general permit is required.
4. The developer shall develop a Stormwater Pollution Prevention Plan to be
approved by Department of Ecology that details the BMPs to be used.
5. The developer shall implement Erosion and Sediment control measures in
accordance with Best Management Practices detailed in the Stormwater
Management Manual for Eastern Washington.
6. The developer shall provide the City of Yakima Department of Engineering with a
defined flow path/method of getting emergency overflow runoff from the ponds to
the culvert under Englewood Avenue which directs the water to the natural
drainage area west of North 74 Avenue.
7. Appropriately sized and designed retention ponds to handle pass - through drainage
shall be shown on the site plan.
Soil and Soil Erosion Controls
1. All permits required by the Yakima Regional Clean Air Authority must be
obtained, including without limitation a Master Construction Dust Control Plan
that addresses demolition, site preparation, construction and landscaping phases of
the proposed development, per Section 3.08 of Yakima Regional Clean Air
Authority regulations.
2. The developer must designate during working hours a responsible party to serve as 40
contact for suspected air quality violations.
3. The developer must contact the State Department of Ecology to determine if
residual concentrations of pesticides above the MTCA clean up levels are present
and undertake the appropriate clean up actions as recommended by the
Department of Ecology.
4. Erosion control methods such as temporary ponding, silt fencing, etc. must be in
place prior to clearing, grading or construction.
Sanitary Sewer
1. The existing eight -inch sanitary sewer line located on North 72 Avenue shall be
extended further to the north and terminate into the easement area at the northern
end of the development.
2. A utility easement shall be provided between Lot #78 and Lot #79.
3. An additional manhole shall be provided on North 72 Avenue with an eight -inch
sanitary sewer line to extend north out of this manhole to a cleanout.
4. A utility easement shall be provided between Lot #51 and Lot 52.
5. An additional service lateral shall be provided for parcel 181317- 43429.
J & R Enterprises, Chuck Johnson 13
Vicinity of 7200 Englewood Ave.
110
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 -05 DOC.
INDEX
# C -/
Transportation/Traffic
1. Transportation Concurrency Review has been satisfied.
2. All site traffic will be accessed from Englewood Avenue, with traffic distributing
onto North 68 Avenue, North 74 Avenue, and Sununitview Avenue.
3. All interior streets shall be engineered, constructed and approved according to the
standards and requirements of Title 12 of the Yakima Municipal Code.
Final Plat Requirements
1. The final plat shall substantially conform to the preliminary plat, except as
modified by the City Council.
2. The developer must provide a surety bond or other secure method of financially
providing for and securing to the City the actual construction of required
improvements.
3. All addresses shall be as specified by the Building Codes Division and all
addresses must be clearly shown on the face of the final plat.
4. Developer must submit a set of plans prepared by a licensed Civil Engineer to the
City Engineering Department for review and approval.
5. Each development phase shall be recorded individually at such time as the
development phases are completed.
6. Yakima - Tieton Irrigation District irrigation easements must be shown on the face
of the plat and be labeled "Public Utility and Irrigation Easement."
7. The lots shall be subject to the following notes, which must be placed on the face
of the plat:
a) The addresses shown on this plat are accurate as of the date of recording,
but may be subject to change. The City of Yakima Building Codes
Division is responsible for the confirmation or reassignment of addresses
at the time of building permit issuance.
b) The owners shown hereon, their grantees and assignees in interest hereby
covenant and agree to retain all surface water generated within the plat
on -site.
DATED this 17 day of November, 2005.
LC..."
Gary M. Cuillier, Hearing Examiner
J & R Enterprises, Chuck Johnson
• Vicinity of 7200 Englewood Ave. 14
80 -Lot Plat of "Englewood West"
PRE LONG PLAT #2 -05; EC 17 -05 DOC.
INDEX
C — I
• J &R ENTERPRISES
ENGLEWOOD WEST PHASE II
FINAL LONG PLAT #2 -08
EXHIBIT LIST
CHAPTER D
Vicinity Map
ktwa,Y�. aa 4 4 5 3 VA r ^ f s rr ;1-7,41 15
w a:a >a,.i E �, Ffi` sC {? „..v rt._7..
D -1 V Map
/ C_j
n
n
m
u in Z
m
i
Scenic D
/ / \ j
i
W/w �-
6,14. .. ,
eow�r am . Allir M r MIN N
J \■
*tUflhII t It
_ ■ 1111111111111 it , t ML11EV ROAD
r I 4 .' 4 II 0 I M 1111
Nimise
N
CITY OF YAKIMA, WASHINGTON /
VICINITY MAP ° lar'•,.
b. M•
FILE NO: PREL LONG PLAT #2 -05 & EC #17 -05
APPLICANT: J & R ENTERPRISES, CHUCK JOHNSON N Subjec Property
• REQUEST: 80-LOT PRELIMINARY SUBDIVISION WI j c Yakima City Limits
ENVIRONMENTAL REVIEW INDEX • `V , — , i _ 5
LOCATION: 7200 ENGLEWOOD AVENUE # p -'
0 250 5 %1GpyT 2 -05 05/13ro5
J &R ENTERPRISES
ENGLEWOOD WEST PHASE II
FINAL LONG PLAT #2 -08
EXHIBIT LIST
CHAPTER E
Final Plat — Phase II, III, IV
i
- war
�:�. __,..�.� ±:._._�.: _ _..�, ,.. y__.._ r .: . .. -.'� .� = �_. ts: " 4
E -1 Final Plat of Englewood West — Phase II, III, IV 6/03/08
•
• CIVVLC W 00GI WEST PHASE 2 .
SE 1/4, SW 1/4 4 SW E 1/4, SEC. 17, T -13 N, R -18 E,WM
IRRIGATIO OVAL LEGAL DESCRIPTION DEDICATION AND WAIVER OF. C
,, , THE PROPERTY DESCRIB EREON IS WH Y OR IN PART WITHIN
;. THE BOUNDARIES OF THE YAKINA -TIETON IRIRR GATION DISTRICT. I HEREBY PARCELS 'AI". 'AV * 'B' AND "C', Y W SHI GOT PHASE 1, AS RECORDED UNDER AUDITOR'S ALE NO. KNOW ALL MEN THESE PRESENTS S B ENTERPRISES, WASHINGTON UNITED
CERTIFY NAT THE IRRIGATION EASEMENTS AND RIGHTS -OF-WAY SHOWN ON .• RECORDS OF YAKIMA CNINTNTY, WASHINGTON. LIABILITY PARTNERSHIP AND ANDREW S. RASSI SSINGTON AND JACQUELIQUEJ NE E F. BRASSINC70N,
''-
THIS PLAT. ARE AOEOUAIE TO SERVE ALL LOTS LOCATED WITHIN THIS HUSBAND AND 'MFE ARE THE PARTIES HAVING OWNERSHIP INTEREST IN THE LAND HEREON
PLAT WHICH ARE OTHERNISE ENTITLED TO IRRIGATION WATER UNDER TOGETHER WITH THAT PORTION OF VACATED RIGHT OF WAY ACCRUING TO LOT 'B' ••••0111.IHEREOF. DESCRIBED, HAVE WITH THEIR FREE CONSENT AND IN ACCORDANCE 'NTH THEIR DE5RES
w,. THE IRRIGATION CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON; AND DO HEREBY
THE OPERATING RULES A 5 OF THE Y I ALSO CERTIFY AND THE SOUTH 300 FEET OF TRACT 45 OF YAKIMA ORCHARD HIGHLAND COMPANY ORCHARD CHARD TRACTS, DEDICATE THOSE ROADS AND/OR RIGHTS -OF -WAY SHOWN AS PUBLIC DEDICATIONS HEREON
TRANSMIT IRRIGATION WATER THROUGH THIS SHORT T WWAA PUT TO OT E
THAT THE RRIGATION WASE RENTS NTS AND ND STS-O OTHER ADDJ ACCE A NT ACCORDING TO THE OPAIIAL PLAT TH
T THEREOF. RECORDED IN VOLUME 'B' OF PLATS. PAGE 31. RECORDS OF TO E USE OF THE PUBLIC; DO HEREBY WAIVE ON BEHALF OF THEMSELVES AND THEIR
Y. ARE
LEND A TO WATER UNDER THE OPERATING RULES AND YAKIMA COUNTY, WASHINGTON; HE GO N I INTEREST ALL CLANS FOR DAMAGES AGAINST THE H EY O: AND AN REGULATIONS RELATIONS REGULATIONS OF THE 0 DISTRICT. WATEATECT. FURTHER CERTIFY FY THAT: TH ES E GOVERNMENTAL IRUC11 AUTHORITY WW MAY NC TO THE ADJACENT CENT LAND BY
EXCEPT THE EAST 308 FEET THEREOF; THE ESTABLISHED CONSTRUCTp /�1 DRAINN AGE E AND D MAINTENANCE ANCE OF SAID DEDICATED ROADS
THIS PLAT CONTAINS COMPLETE IRRIGATION DISTRIBUTION FACIUTIES IN AND /OR RICA OF -WAR` AND a • HEREBY DEDICATE THE EASEMENTS AS SHOWN HEREON
ACCORDANCE WITH THIS DISTRICTS STANDARDS, OR AND EXCEPT THE WEST 28.33 FEET THEREOF; • FOR THE USE NDIC .,.. '
I- PROVISION5 ACCEPTABLE TO THE DISTRICT HAVE BEEN MADE BY COVENANT AND EXCEPT THAT PORTION OF SAID TRACT 45 DESCRIBED AS FOLLOWS: , Iii ...... ----.'s. _ ' • '
{ AND AGREEMENT FOR COMPLETED RRIGAT1ON DISTRIBUTION FORT , TO OR Ail
LOTS; BEGINNING AT THE INTERSECTION OF THE SOUTH UNE OF SMD TRACT 45 W1TH THE WEST UNE OF THE EAST • • 1
PLAT,
t L SAID AGREEMENT IS FILED SUPPLEMENTAL TO O THIS SHORT PLA T, ► 2317.4 308 FEET THEREOF; THENCE NORTH 8939'$7" WEST, ALONG THE SOUTH UNE OF SAID LOT 45, 37.00 FEET; 1
- THE EXISTING IRRIGATION DISTRIBUTION FACILITY IS ADEQUATE TO MEET THIS THENCE NORTH 016'29' EAST. PARALLEL WITH THE NEST UNE OF SAID EAST 308 FEE, 205.00 FEET; THENCE U.
� ' -1N _ �I..-a_ L A. :
REQUIREMENT. II -
. EMENT. NORTH 8959'57' WEST 95.00 FEET; THENCE NORTH 028' EAST 190.00 FEET; THENCE NORTH 89'35' EAST ANDREW 5. BRASSINGTON
F - + .E.cluchng E3429 131.37 FEET TO THE WEST UNE OF THE EAST 308 FEET OF SAID LOT 45: THENCE SOUTH 016'29" WEST, /
AIL LOTS I ARE IN WHOLE OR IN PART, NOT CLASSIFIED AS 'IRRIGABLE ALONG SAID NEST UNE. 395.95 FEET TO THE POINT OF BEGINNING: eke 1 i /� N �lV, -
LAND BY THIS DISTRICT AND /OR ARE NOT CURRENTLY ENTITLED TO IRRIGATION • J H'• i NE F. BRASSINGTON
WATER UNQE�L THE CiRG RULES AND REGULATIONS OF THIS DISTRICT. AND EXCEPT THE SOUTH 5 FEET CONVEYED TO YAKIMA COUNTY FOR ROAD. - /
S ETARY (OR DESIGNEE) ACKNOWLEGEMENTS
YAKINA -TETON IRRIGATION DISTRICT • •
I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL STATEMENTS AND NOTIFICATIONS .
ASSESSMENTS •• LECT8LE BY THIS OFFICE THAT ARE DUL AND OWING ON THE STATE OF WASHINGTON)
PROPERTY DE4•'IBE0 HEREON A' PAID THROUGH .S R A THE ADDRESSES SHOWN ON THIS PUT ARE ACCURATE AS 00 114E DATE OF RECORDING, BUT MAY BE COUNTY OF YAKIMA ) SS
20(22,_ I SUBJECT TO CHANGE THE 010 OF YAKIMA BUILDING CODES OMSI011 IS RESPONSIBLE FOR THE CONFIRMATION
OR REASSIGNMENT OF ADDRESS AT T10 TIME OF BUILDING PERMIT ISSUANCE. . CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT CHARLES R. JOHNSON. I5
�I.
BY�IO J L..... - THE PERSON W10 APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE
, ASURER, TA A- ETON RR TON DISTRICT B. THE OWNERS SHOWN HEREON. THEIR GRANTEES AND ASSIGNEES IN INTEREST HEREBY COVENANT AND AGREE 5GNE0 THIS INSTRUMENT. TOBEEHIS FREE AND VOLUNTARY ACT AND DEED, FOR THE USES
• TO META N ALL SURFACE WATER GENERATED WITHIN THE PLAT ON-SITE. ANp p J$'0SES THEREIN . M
GIVEN UNDER }Ry1D AND OFFICIAL SEAL THIS
•
7 � 20 Y [�!S
, 2 AL CAP IN YAK -TIE MON F145 NOTARY /•/ BU N_ANDj3R THE STATE OF WASHINGTON `s •�`�� II M I' 'd r "� '
MON. CASE FND RESIDING AT II.CLI Py .. .• ( 4 '
SEE LCR 1M -1004 SEE A L CR 1M- -1408 SEE LCR 1N -1327 MY APPOINTMENT EXPIRES / S P , / S � 9 'J" , '..
NOTES
S 8950'45' E 2835.45' S 89'50'45' E 2834.79' = WOTMY : _
1317.73'' 1317.74 1317.39' I 1317.38' ��: ' - 'O�
1. 0 - DENOTES I/2 REBAR WITH CAP NOG. 11233/18929 SET. 9'g "�
o
h 34 a3 n ,� Za a1 aC m °m n » A a 2. •- DENOTES I/2 REBAR WITH CAP NO'S. 18273/18929 FOUND. i'i WASH1s -�� •
26 28 n l n 21 28 _ 30 15 31 '3a 3, 5) - DENOTES 2' AWMINU4 CAP ON 5 /8' REBAR SET OR FOUND 1N MONUMENT CASE. P. 41 ^ N 8954'35" W - 2 627.72' n 5 8935 E I N 2625_75 4. BEARINGS SHOWN ME ON ASSUMED DATJM „RELATIVE TO THE SOUTH UNE OF THE SOUTHWEST OUARTER OF
; I - - - - �- IO SECTION 17 BEING SOUTH 89'58'25' EAST. •
1313.88 1313.86 1312.87 1312.86' '
WI ; IOU ° 5. G.LO. SECTION 5J80NSION•CORNERS SHOWN HEREON AS FOUND WERE 445TED IN JULY. 2005. STATE OF WASHINGTON)
. 40 39 ,, o 38 37 r n 35 i` 34 11.1 n 0 A $ COUNTY OF YAKIMA ) SS
E m SURVEY o 8. PERFORMED KITH TWO SECOND ELECTRONIC TOTAL STATION AND CALIBRATED CHAIN USING FIELD
z m 41 42 ! h 43 44 48 4 8 ' 47 48 TRAVERSE PROCEDURES. 1 CERTIFY MAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ANDREW 5. BRASSNHGTON AND
ii
7, P.S. ESM'T DESIGNATES A PUBLIC SERVICE EASEMENT. ALL P.S. EASEMENTS ARE 10 FEET HIDE UNLESS PERSONS ACKNOWLEDGED THAT THEY SIGNED 5 INSTBINENT, TO BE THEIR ON FREE AND
• 7709.99 zl^ N 1310.00' 1308.34' - 1 1308.33' SPECIFIED OTNERNISE. THE P.S. EASEMENT IS AVAILABLE BUT NOT UNITED 10 THE FCI JACQUELINE F. 99900(90101 ARE THE PERSONS 1 APPEARED BEFORE ME. AND SAO
OWINC USES: POWER, VOLUNTARY ACT ANO DEED. FOR THE USES 76 RPOSES THEM MENTIED, 0AVEN
TV, TELEPHONE. IRRIGATION. STOR1 DRAINAGE AND NATURAL GAS. 6N(
N 8958'25" W 2619.99' 5 8959'50' E 2616.87' UNDE& MY HAND AND OF SEAL THIS DAY OF
2" UNMARKED N 20 �yG // � -
2- UNMARKED B.C. MAED B.C. F 2" BRASS CAP AID `H , 1 0 M UUd,n
IN NON. CASE M0 SEE LCR 214-296 SEE LCR 114-1329 \. P C( " 'i
NOT Y BL ,�I�q1� AAyDD��FFOR THE STATE OF WASHINGTON p.••"•. 4 �'
SEE LCR 2M -295 '.
S 1 \2 SEC 17, T -13 N, R -18 E,W.M. RESIDING AT PMLN45 :6 19AF 94 ''
MY APPOINTMENT EXPIRES 9-7-ft T � F 'N •.
• •
'nNn IIllla P :
rli ADDRESSING FOR ENGLEWOOD WEST - PHASE 2
X LOT it 7 204 MODES10 WAY LOT 33 7301 ENGLEWOOD HILL PUCE LOT 44 604 N. 7210 AVE. • LOT 87 709 N. 74TH AVE.
LOT 12 7200 MODE$TO WAY LOT 34 7305 ENCLENOOD HILL PUCE LOT 45 800 N. 72ND AN:. LOT 68 705 N. 74TH AVE
101 19 704 N. 74TH ME. LOT 35 7309 ENGLEWOOD MILL PLACE LOT 56 706 N. 74104 AVE. LOT 68 708 N. 72ND AVE
` TREASURER'S CERTIFICATE LOT 23 601 N. 72N0 'AVE. 10T 36 7308 ENGLEWOOD HILL PUCE LOT 57 708 N. 74TH AVE LOT 70 710 N. 72N0 EVE.
LOT 24 613 N. 72140 AVE. LOT 37 7306 ENGLEWOOD HILL PUCE LOT 58 710 N. 74114 AVE. LOT 71 714 N. 72ND AVE. A U D I T 0 R ' ' S C E R T I F I C A T E
LOT 25 619 N. 72N13 AVE. LOT 38 7304 ENGLEWOOD HILL PUCE. LOT 59 712 N. 74111 AVE. LOT 72 718 N. 72ND AVE.
I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND - LOT 26 821 N. 7210 AVE 10T 39 7302 ENGLEWOOD HILL PLACE LOT 60 714 N. 74TH AVE. LOT 73 71B N. 72ND AVE
SPECIAL ASSESSMENTS COLLECTIBLE BY 71.115 OFFICE THAT ARE LOT 28 825 N. 7210 AV:. L.01 40 7300 ENGLEWOOD HILL PUCE LOT 81 716 N. 741)4 EVE. LOT 74 717 N. 72ND AVE FILED FOR RECORD THIS DAY OF ,
DUE A140 OWING ON THE PROPERTY DESCRIBED HEREON ON LOT 29 629 N. 72ND AVE. 10T 41 7208 ENGLEWOOD HILL PUCE LOT 82 718 N. 74114 AVE. LOT 75 715 N. 7290 EVE. 20 , AT M., UNDER A.F. N0.
DATE OF THIS CERTIFICATION HAVE BEEN PAR. DATED THIS LOT 30 7201 ENGLEWOOD HILL PLACE LOT 42 7204 ENGLEWOOD HILL PLACE LOT 63 719 N. 74111 AYE. LOT 76 713 N. 72ND AVE. RECORDS OF YAKINA COUNTY. WASHINGTON.
DAY OF 20 LOT 31 7205 ENGLEW000 HILL PLACE LOT 43 7200 ENGLEWOOD HILL PUCE LOT 84 715 N. 74111 AVE. LOT 77 711 N. 7290 AVE.
. - LOT 32 7209 ENGLEWOOD HILL PLACE 808 N. 7210 AVE LOT 65 713 N. 74111 AVE. LOT 78 709 N. 72N0 AVE. •
BY: (DEPENDING ON ACCESS) LOT 68 711 N. 74111 AVE. LOT 79 705 N. 72ND AVE .
YAKIMA COUNTY TREASURER'S OFFICE LOT 80 703 N. 72ND EVE.
OR BY DEPUTY
•
APPROVALS P L S A ENGINEERING- SURVEYING - PLANNING
. 11 WEST LINCOLN AVENUE
APPROVED �BY THE CITY OF YAKIMA ADM 1STRATOR ` i 6 . �V YAKIN WASHINGTON 98902
• - _ oATE . � . . ' Zy Zoo! S U R V E Y O R ' S C E R T I F I C A T E r �' y 15091 575 -6990 .
APPROVED BY THE CITY OF YARN/. ENGINEER THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR ' Y PLAT OF' DRAWN 8! JOE
C ', 1 ,� UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS 3` ' em
31..4 -LI d..4y --� DATE 5 - 7 - 'rte OF THE SURVEY RECORDING ACT AT THE REQUEST Of 4-- E QLE W001� WEST - PHASE 2 DATE: 3/26/2008 •
Uv CHARLES JOHNSON IN JANUARY, 2008. 1.:'4..i' , o+' PARCEL NO.'S 181317 - 43438. 43439, 43440, 44459 & 44460 Jpg NO. 04249
APPROVED BY THE CITY OF YAKIMA MAYOR L LAIm t - PREPARED FOR -
•
0*10 : •- J & R ENTERPRISE
� S1EE7 ND.
RICHARD L. WEHR, CERTIFICATE NO. 18929. " " " -- " " " "_ " "' \ / •
ENGLEWOOD EST - PHASE 2
SE 1/4. SW 1/4 & SW 1/4, SEC. 17, T -13 N, R -18 E,WM
' E 4.61 - OD
155.0
Illl 20'
• / • s 105.00' R/W 1 .O 5 894'35• E -4 , , . 110.+ 715.0
5 • o ----, • 82.54' - . • S 89351 Y E 656.43'
89.51' O 0' 115.00' 3 [�... r 401.89'
• 90.05' . 105.00' • 89.51' -�
g F , L. 110.49' 115.00' 115.00' - -� -1
CURVE TABLE
• 61 m - 62 m -- 63 0 ;� 64 m m 73 " ' 74 � 82.54' ' s re55 E - 1 2 - �-
- - -
CURVE RADIUS DELTA LENGTH TAN CHD BRG CHD LEN 0 9,723 FT j 8 SO FT ' P o . Fi np p 11.691 P m p m 75 g
1
0 I 10,826 so. �' 8 ° 8 so. R. a SO. FT. 8 m 10,107 SO, FT: • 11.3
5 1777'12" W 298.44 1.71 77' 27 D.S. • S0. FT. m 8
C2 • 500,00 500.00 34'43'41' 303.06 156.35 34'43'37" 303.04 156.33 N 1777'17' E 298.42 • • 3� ° ESM'T . 4 77.13' • • s 115.00' C5 ' 114. 25'
116.00' �' • • • Y
C3 500.00 28 C4 500.00 5 51'35 • 251.85 128.66 N 2073'75" E 249.20 • I • i 4 • e95 1'29' ■ ;, w21 }• J• - 4 e S 8934'29" E • NOT IN PLAT NOT IN PLAT .
51'56" 51.19 25.62 N 03'01'29" E 51.76 5 895429 E 9.
'• q. • `' 9 - • 3
C5 300.00 15'05'32" 79.02 39.74 N 82'32'46" E 78.79 60 J 4' • 6 8 P 72 R 176 8 in • NOT IN PLAT , •
C6 400.00 1290'00" 83.78 42.04 s 67'00'00" w 83.62 ° ' L 65 ° • '2'. X1 so . n
C7 300 67'00'00' 350,81 198.57 N 53'30'00" E 331.16 m I SO. o u 11,285 S0.- FT, n m 11,!87 S0. FT.. •
CB 200,00 43'43'23" 152.62 80.24 N 18 E 148.95 I N 8934'29 W 41.8 g 1 I "o'3° r .
'400.00 40'41'48" 284.12 148.75 153.15' g YS 118 N
- C9
5 2072'29" w 278.18 O O • 3I /S 89'54'29' E
5 8978'16' E 105.00' S 89 4'29' E 155.00' ' 0q 7 7 - , --7-- -
. C10 400.00 2518'11' 176.65 89.79 5 28'04'17' w 175.22 $ 59 I or I. g TRACT • 011 400.00 1573'37' 107.47 54.06 5 07'43 w 107.14
8 66 ^ o �' 13.981 SO. F T. •
012 100.00 33'57'35" 59.15 30.47 12,252 m o I C 71 8 h
S 7 3'04'48" W, 58.30 S 50 FT, 25 25 a 17,922 S0. FT. •� 14,725 SO. FT. 16 P o g S 8854 E m S 8955'17 E
C13 300.00 20'0800' 105.42 53.26 5 46'04'00' W 104.85 153.15' I ° 16 8 ' " 175..0' 190.00' 6 I ffi -
• C14 175.00 3710'11' 113.53 58.84 N 22'08'17' E 111.55 • O S 89'38'16'-( O • ° 1 55.00' L'^ 155.013' I N �. 95.90 Q 80.00 I 90.00' Q 90.00' Q g
C16 42 ®� ST
C15 425.00 9'22'48" 69.58 34.87 5 36'01'59' W 69.50
5.00 $ 26'41 '47' W 68.86 g pp N 8 9 . 54'29' W • N 89 W 3 3: N 61
917'35 68.93 34.54 $ 58 I 25' 25' 0 78 720 ; 3 II SE 9
I I 12252
. '� g 67 8 n 70
C17 125.00 24'39'49' 53.81 27.33 $ 77'41'41' W 53.39 O 70 o r 79 - I n m n L--.._
C18 125.00 91346' 20.0 10.09 5 60'41'53 w 70.11 20' VACATED R/W 15 } I °1 6 ° 6 t� t BO 8 g - � / -
12 50 R. 72.551 50. FT. 50 FT r o 1 `m I
C19 325.00 7'40'47' 43.56 21.81 5 5217•77 W 43.53 PER .CITY OF YAKIMA 0 O • �„ 50. FT. m b 14,569 g ° 1 3.305 - - _
ORDINANCE N0. 200654 S 89'78'16' E n
C20 325.00 9'40'21• 54.67 27.50 S 43'37 155.00' 164.57 �1j - 8 SO. FT. S 50. FT.
'07' W 54.80 0 • c 1 0 ' P .S. ^ ,
N 8954'29' W N 8954'29' W 1 J 8
C21 325 1 ' 9,06 4,53 5 3758'56" w 9.06 8 57 8 P 3 \`Z X 11. �IESM'T J .
35'50' J9' t0' SEWER m J
om 72.252 8 - • �.:� 5 8955'fY F - 1
C22 30.00 48'33'65" 25.43 13,53 N 6177'$6" E 24.67 S0. FT. $ n 68 m '� ej ESM'T 'P -11 • C23 55.00 66 63.97 36.11 5 5277'24 W 60.38 153.11' I z 1 7,062 S0. FT. o n 69
C24 55,00 ° Q 79,399 50. FT.- _ S 75'00,00.. 1.J ?. 57.79' -
21'29'31' 20.67 10.44 $08751$' W 20.51 5 99'38'16' E � I70' P.S. p .3Z20. E �,
• C25 55.00 2037'05' 20.11 - 70.17 5 12'48'03" E 7.0.00 56 "IESM'T m 279.88' Ay8 1 85.6 , ISe
C26 55.00 21 20.60 10.42 5 34'00'30 E 20.48 1
20' 8. 12.251 8 � 155.5 435.39'
9371'18' 89.61 58,32 N 88'31'57' E 80,03 I 5•85"2640" I�T c In 1 6 3. 61' C 37 � � \ /7 .7 U .,
C27 55.00 SO_ FT, �� • C28 55.00 22.47'35' 21.88 11,09 N 30'30'30' E 27.74 O S 89'38153,14' t 8 ' 7-' m I 93 I I 1000' •• _y' C31 I 12 251 I - _� •�' �
C32 275,00 187712" 88.57 44,67 5 4654'24" W 88.19 S 50. FT 25' 25 j 1 L_ -J $ $ �1 48 66
C33 75.00 3353'35' 44.37 22.85 5 7304'48' W 43.72 153.71' I _I 263.17 ,K•. � .�
C34 425.00 657'59' 51.67 25.87 $ 03'30'35 W 51.64 I 5 89'38'16' E O I C6 WAY N 87'0000 6 p 3 g • C • I v
CJS 375.00 7'04'43" 46.33 27.19 503 W 46.70 " TRACT SW COR. / 1 ' • -
s I/ 141 g gS ' 6' ,o
m 8
C36 375,00 74'54'74' 97.54 49.05 S 14'33'24 w 97.27 8® E 93.00' m • !05.3 ( � • • �, •
037 375.00 18'12'52" 122.49 61.79 5 3171'57' W 121.91 I 30' T O• f108.11? �S -^ N 75 - \ z u , o 11,374 50. FT. -
C38 225.00 110'29' 4.61' 2.31 N 40'08'09' ' \ w _ _ S 8954'29 E'.8 / 2 - 11 1 0 g N m 12
040 225.00 10 25' 25' r 135.27' 8;
C39 225.00 270617' w
'06'77- 106.41 51.24 N 2559'45" F 105.45 ' 1 ` ( ) 1 1 " 1220 17,321 5 89'43'39' W O 15
75'40' 41.60 20.86 N 07 '08'47' E 41.54 29 / $, �' R' 8 8 . S0. F V b
C41 325.00 19•32'06' 110.81 55.95 N 67'31'48' E 110.27 \ I 2 'OJ..0 & " /25' / \ \ 8 10 P 1
C42 58.00 46'56'28' 27.17 17.89 'NW 6 WAY I �S�R• • 25 \ $ I 8 . ,
5 13'33'4 w 27.02 f q • 28
GS 58.00 ^• ESM'T °
F`:
201017' 20.42 l0.32 S 37 '07 W 20.31 \ ` I A • o 16,583 SO. FT. °
C44 58.00 26'45'53' 27.09 13.80 S 6075'12 W 26.85 - .4\ V • V rte. 7 \ 3 0,98 92 •
`t+,.7. b 1 / 181.04'
G5 58.00 6916'18' 70:17 40.07 N 7173'27' W 65.94 \ 2 0 i s-06 06. • 50 ? N 89'43'39' W 0
C46 58.00 2010'16' 20.42 10.32 N 26'1654' W 20.31 • $• M1� 1 �� T 00 1 s $• ,. 1 Q'• G
C47 58.00 6016'28' 61.02 33.67 N 13'33'28' E 58.24 \14 / • A 1 9T • N 31 F ` j 1 024 / • « / 8 • C48 58.00 3155'10' 32.31 16.59 N 59'39'17 E 31.90 .1+ 74.7 • 1 95. I 10578 50; e / n 26
71' 39.54 23.24 1 �� ?1•,,, 'e �n 50. FT. 0 ,9 ' 1
5 375112' W 36.71 32 u 23.1845 so. F o 0 . 049 30.00 75'37
C50 55.00 72'00'00' 69.12 39.96 N 39'00'00 W 64.66 , S fi 11,420 o i .
051 100.00 75'05'72" f71.06 76.86 S 3777'14 E 121,88 ) , �' , / � 33 � ' S0. FT. N �N • q , / N 89'35'07' E 247.00' In
C52 125.00 52'31'25' 114.59 81.68 $ 4841'78' E 110.62_ I Y ,� �' t „ p ti 50. • m • c ..,-/-.. , ... t o • 115.63' O 131,37' O O w
053 125.00 22'34'07' 49 -24 21.94 5 2111'32' E 1 48.92. '/C.
� • 8 'N V j . • • 1 • N 6958'25' W, •� / •, - 2. (N 89'35' E) m •
C54 58.00 4159'22' 42.51 22.26 $ 21 '0512 W 41.56 I '• 7- m 5 25 °
055 58.00 20'10'17• 20.42 10.32 -� 34 , �' 6S f 4 :OP AC. 104'4 '•Z„o ° w
$ 5210'01' W 20.31 m �'/ 4.• 73,983 • N U 12.255 50. FT. a - I1 8
C56 58.00 5112'38' 51.84 27.80 5 8751'29' W 50.13 - - - ( SO. FT. a^ S A- • ° ,0 9� �� •4 L L 42.9 I w m 8
' C57 58.00 2010'16' 20.42 10.32 N 5677'04' W 20.31 m l 7 ( 4 N ' S J ' /9 • 8 7 A • V / 139. w ' z
CSB 58.00 7 7'56'7 5' 78.90 46.92 N 0773'39" W 72.86 $ V ,. r„ • • O Q 56 3 _ 43 n N 8939'50• W 8 8 ..
C59 58.00 449 , 44.58 23.46 N 53'35'4 E 43.49 I 1 N q / °? 11,75
C60 30.00 7 39.54 23.24 S 3751'17 W 36. / i fl 949 3 . 0' C � . ' / / q ' 5 0 . Fr . • • I 24 o 8 - + TA SAND
061 75.00 7 $95'31' 98.30 57.65 5 377711' E 91.41 J . /� SO. FT. 1 . 1 ,• ` J• G u 13.427 SO. FT, m COS
C62 80.00 15 21.48 10.81 N 6718'2 W ' 2 1.42 / 3 0 J 2 , 7 s • S • 1 ? ,� I '+ / h 42 ".• 111.00' t5 • - I - (N 8959'57 W) I OR TRACTS •
C63 80.00 56 79.05 43.09 N 3118'25' W 75. / -I I ' q , 86 /j 2• J • ..•/ SD N 8958'25' WI • 25' 25�� 141.43' I 0 95.00' I O TRACT 9$
C64 30.00 72 '00'00' 37.70 21.80 N 39'00'0 W 35.27 - 10,838 P . 1 L
/ I I �� m SO. FT. N• J� N S 8 8 1 1 44 0 1 N 6 , 236.43
• 08, 8 9 SO' W
96. B z ° - 50. FT. 10 P.S.
2 . ^ L5 9t, 77.11 57- E -• 0 76,6,1'. E • 1.6 •- w E5M'T 15' IRRIGATION 8
/ I • 7542 e
' v • �' 7.45' 111.00' n S 8 EASEMENT •
_ - I r---C27 w w •-• N 89545'25" • P -I m 2 3 8
38 $ sO. FT. 1 308'
_ v � � I I I gi 46,749 e g ) 6' T 2 25' 25 P- a
r t J 1 8 ! S I I ^ g ' g 7-i X - - - - z � eO.W 85.00' 5000' • eo.00' • 80.00' • 81.00' • - � ° - 205.56' { I f ' 1964'.99' ` 162.55' $ 49245' 4:72 k � .80' ' / ;C 308 ) 188250' 260.44' SW COR. TRACT 44 + 0 8858'25' E 2619.99' ENGLEWOOD AVE. 5 8959'50' E (N 6939 W) 2616.67' T- SE 5,06 SEC. 17�
SW ' SEC. lBff TABLE p L S A ENGINEERING-SURVEYING-PLANNING
LINE LENGTH BEARING LWE LENGTH BEARING ' 0 ' 1120 WEST LINCOLN AVENUE
u 33 N 895178' w ul 30.74 s 45954'26' E jam YAKIMA, WASHINGTON 98902
• L2 57.53 N 36'0600 L12 33.00 S 8854'29' E :i4 C1a � .{,
13 41.61 5 4654'28' E 113 24.21 S 4755'07' E tr /1. 7 8) • (509) 575 -6990
L4 48.15 • N 5591'37 E L14 45.77 S 4755'07 F it If -:.'7 PLAT OF DRAWN BY: JOE
L5 54.14 N 8958'25 W L15 44.83 S 43'38'04' W m
0o D 00 FEET 16 42,43 N 6958'25' w 116 20.23 5 43'38'04' W 4' ENGLEWOOD WEST - PHASE 2 we : NO. 3/26/2008 04249
l7 36,97 5 4078'45" E L17 44.65 S 43'39'45' w 5 �'
$ 4591'35' W LIB 63.28 $ 13'39'48" W
IECECEIDEDEcl
LB 42.43 -d "1iT D !■ PARCEL NO.'S 181317 - 43438, 43439, 43440, 44459 & 44460
�'AL LAT10 JOB
SCALE : 1' = 100' 19 42.42 5 4459'11' E 119 31.85 S 8954'35' E Ell - PREPARED FOR ■ 110 45.49 _ 5 3914'26' W L20 10.00 5 8955'17' E / , , �� .1 3 R ENTERPRISES SHEET NO.