HomeMy WebLinkAbout06/07/2016 05I Annalisa Preliminary Plat ApprovalBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.1.
For Meeting of: June 7, 2016
ITEM TITLE: Resolution granting a one -year extension of the Preliminary Plat
approval for the plat of Annalisa, a twenty -five lot subdivision,
located in the vicinity of 80th Ave. and Tieton Drive
SUBMITTED BY: Joan Davenport, AICP, Community Development Director
Jeff Peters, Supervising Planner (509) 576 -6163
SUMMARY EXPLANATION:
On April 25, 2016, the developers of the Preliminary Plat of Annalisa, (a 25 -lot Preliminary Plat
located in the vicinity of 80th Ave. and Tieton Dr. which was approved by the Board of County
Commissioners on November 17, 2009) submitted a written application /request for a one year
extension of the subdivision approval in accordance with YMC 14.20.160. As stated in the
developer's request for extension, the developer is requesting the one year extension of the
Preliminary Plat approval to allow the Yakima County Flood Control District time to relocate Shaw
Creek to a location which would alleviate infrastructure complications created by the location of
the creek.
The City of Yakima Planning and Engineering Divisions have found that the developer has made a
good faith effort to complete the requirements of the final plat prior to the plats expiration in
accordance with YMC 14.20.160, and recommends that the City Council grant the extension.
ITEM BUDGETED:
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
D Resolution Annalisa plat extension
D ExhibitA—HE Recommendation-Annalisa
D Letter Request Extension
D site plan
Upload Date
Type
512612016
Resolution
5125/2016
Exhibit
5125/2016
Backup Material
6/212016
Co%er Memo
RESOLUTION NO. R -2016-
A RESOLUTION granting, a one year extension of the Preliminary Plat approval for the plat of
Annalisa, a twenty -five lot subdivision, located in the vicinity of 80th Ave. and
Tieton Drive.
WHEREAS, on September 3, 2009, the Hearing Examiner held an open- record public
hearing to consider the application for a Preliminary Plat located in the vicinity of 80th Ave. and
Tieton Drive within the jurisdiction of Yakima County known as Annalisa (submitted by Alvin
Norman: County File Numbers: SUB 08 -40, SEP 08 -23 & PRJ 08 -503); and,
WHEREAS, on September 17, 2009, the Hearing Examiner issued his Recommendation
for approval of the proposed plat subject to conditions; and,
WHEREAS, the proposed application conformed with the Yakima County Zoning
Ordinance, Subdivision Ordinance, Development Standards, and other applicable land use
regulations; and,
WHEREAS, at a Closed Record Public Meeting on November 17, 2009, after notice duly
given according to the requirements of the Yakima County Code, the Yakima Commissioners
adopted the Hearing Examiner's Recommendation, and preliminarily approved the plat of
Annalisa; and,
WHEREAS, the County complied with the substantive, procedural, and notice
requirements associated with SEPA, the Growth Management Act, and the Yakima County
Code for the purpose of reviewing the Application; and,
WHEREAS, the City of Yakima annexed the subject property on February 2, 2010; and
WHEREAS, the developer has experienced technical difficulties meeting the preliminary
plat requirements due to Shaw Creek being located in the County ditch along 80th Ave.; and
WHEREAS, the Yakima County Flood Control District has initiated a project on January
20, 2015, to relocate Shaw Creek out of the 80th Ave. ditch alleviating the technical issues
associated with the creek; and
WHEREAS, the developer has met with the City of Yakima on multiple occasions in an
attempt to meet the plat conditions; and
WHEREAS, the City of Yakima Engineer recommended that the applicant wait until
Shaw Creek was relocated prior to completing the final plat; and
WHEREAS, the Flood Control District will not have completed the stream relocation
prior to the expiration of the Preliminary Plat of Annalisa; and
WHEREAS, On April 25, 2016, the developer in accordance with YMC § 14.20.160
submitted a written application /request for extension of the subdivision more than 30 -days prior
to the plats expiration and has shown a good faith attempt to submit the final plat in the five
year period, but was unable due to the circumstances outlined herein; and
WHEREAS, the City of Yakima Planning and Engineering Divisions recommend
approval of a one year plat extension in accordance with YMC § 14.20.160 as the developer
has made a good faith effort to complete the requirements of the final plat prior to the plats
expiration; and
WHEREAS, the City Council finds that there was a showing of a good faith attempt by the
applicant to finalize the plat but due to the Shaw Creek Project was unable to do so, and,
therefore, it is in the best interest of the City of Yakima and its residents 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.
Section 2. Incorporation of Hearing Examiner's Recommendation and Conditions
of Approval. The Hearing Examiner's Recommendation is hereby adopted 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 finds that the provisions of YMC §
14.20.160 have been met, and hereby grants a one year extension of the preliminary plat of
Annalisa with a new expiration date of November 17, 2017.
Section 4. Additional Conditions. In the event there are differences between the
subdivision requirements adopted when the Hearing Examiner made his recommendations and
the subdivision requirements in effect as of the date of this extension, this extension of time
shall be conditioned upon the proposed subdivision's compliance with all subdivision
requirements in effect on the date this extension is granted pursuant to YMC 14.20.160(C).
Section 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this resolution is declared 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
7th day of June, 2016.
Avina Gutierrez, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
EXHIBIT "A" puoilc
A11W)
In the Matter of Application for
Preliminary Plat Approval
Submitted by:
Alvin Norma -T!
W
NEWO NMI
Introduction. The hearing process conducted for this proposed preliminary plat may be
summarized as follows:
(1) On September 3, 2009, the Hearing Examiner conducted an open record
public hearing regarding this =josed preliminaq6M
a Tract "A".
Alvin Norman
Plat of Annalisa
W. of 80"' Ave. & S. of Tieton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
Sunittia of Recommendation. The Hearing Examiner recommends that the Board
of Yakima County Commissioners approve this proposed preliminary plat of "Annalisa7'
MMI,
Alvin Norm an 2
Plat of Annalisa
W. of 801h Ave. & S. of Tieton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
FINDINGS
1. Agglicant/Pmgerty Ownen The applicant and property owner is Alvin Norman,
624 South 96 Avenue, Yakima, Washington.
11. ApIllicant's Rellresentatives. The applicant's representatives are Thomas Durml
of Durant Development Services, Inc., 513 North Front Street, Yakima, Washington, and
Douglas Gray of Gray Surveying and Engineering, Inc., 2706 River Road, Yakima,
Washington.
on. The proposed preliminary plat is located on the west side of South 80Lh
Avenue south of Tieton Drive between the intersections of Nfidvale Road and Westbro
Avenue with South 80'h Avenue, It is located on Assessor's tax parcel numbers 18133
14002, 14008 and 14009.
IV. EjVosal. The main aspects of the proposal may be summarized as follows:
Alvin Norman 3
Plat of Annalisa
W. of 80'h Ave, & S. of Tieton Dr.
SUB 08-40; SEP 0 8-23; PRJ 0 8-503
V. Pt*pertv Desailatiom The property widiin the proposed preliminary plat of
'1
vi. Corggrghoushte Plan god Zoning. The Comprehensive Plan and zoning
Alvin Nonnan 4
Plat of Annalisa
W. of 80'h Ave. & S. of Ticton Dr.
SUB 08-40; SE P 08-23; PRJ 08-503
VIL Adjacent land Use and Zoning.-
IM MIIM I
The land use and zoning of adjacent
VIII. Jurisdidion. A preliminary plat is classified and processed as a Type IV review.
IX. Notlem Notices for the open record public hearing on September 3, 2009, were
Alvin Norman 5
Plat of Annalisa
W. of 801h Ave. & S. of Tieton Dr.
SUB 08-40; SEP 08-23; PRJ 08-503
August 11, 2009
M * g of notice of public hearing.
ailin
pubbsWng of nWa of public heming: August 1-4, 2009
p6sting of u6tict of public hearing on the property: August 14, 2009
X. Dwiroomimal O, . The County�s environmental review under the State
Environmental Policy Act (SEPA) resulted in the imposition of mitigation measures to
I i It 4 0 6 1 0 '
Adjacent Properties. The public health, safety and general welfare will be served by
Alvin Norman 6
Plat of Annalisa
W. of 80" Ave. & S. of Ticton Dr,
SUB
0 8-40; SEP 0 8-23; PRJ 08-503
MIII jp�i�
EE,
q!
ILTUTMrIM'. URN-
I t 39-M
following development standards and requirements that have been established to promoll
(1) DeAsitv/Lot Sitc- The proposed preliminary plat utilizes lot sizes ranging
from 8,244 to 10,772 square feet with two larger lots. This density and these lot sizes
comply with the 7000-square-foot minimum lot size in the R-1 zoning district for lots
served with public water and sewer,
(2) Sctbacks Table 5-1 in Chapter 15A.05 of the UAZO establishes minimum
structural and building setbacks from streets, roads, side yards and rear yards. The
UAZO setback requirements are as follows:
Here the structures and buildings on the lots will comply with these setback requirement-,,��,
with the following variations:
Alvin Norman 7
Plat of Annalisa
W. of 8& Ave, & S. of Tieton Dr,
SUB 08-40; SEP 0823; PRJ 08-503
Alvin Norman 8
Plat of Annalisa
W. of 80'h Ave. & S. of TTeton Dr.
SUB 08-40; SEP 08-23; PRJ 08-503
"31
. .... MUM
u
Alvin Norman 9
Plat of Annalisa
W. of 801h Ave, & S. of Tieton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
required in order to ensure that the proposed preliminary plat makes appropriate
Alvin Norman 10
Plat of Annalisa
W, of 80'h Ave. & S. of TTeton Dr.
SUB 08-40; SE P 08-23; PRJ 08-503
Alvin Norman
Plat of Annalisa
W. of 80'h Ave, & S, of Ticton Dr.
SUB 08-40; SEP 08-23; PRJ 08-503
-40-
purveyor when available. The applicant proposes to provide the lots with domestic wat I
from the Nob Hill Water Association.
- - to ,
ME
Appropriate provisions for public ways, sidewalks and other transportation features of the
proposed preliminary plat include the following:
Alvin Norman 12
Plat of Annalisa
W, of 801h Ave. & S. of Tieton Dr.
SUB 08-40; SEP 08-23; PRJ 08-503
Alvin Norman 13
It of Annalisa
W. of 8&Avc. & S. of Tieton Dr.
SUB 08-40; SEP 08-23; PRJ 08-503
because of the size, location and nature of the proposed preliminary plat.
Other features of the proposed preliminary plat that are provided in the interest of the
Alvin Norman 14
Plat of Annalisa
W. of 80th Ave, & S, of Tieton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
RMNIVIwIl IgIL62ffirgmuffl "I,
Alvin Norman 15
It of Annalisa
W, of 80'h Ave. & S. of Tieton Dr.
SUB 08-40; SEP 08-23; PRJ 08-503
Based on the above Findings, the Examiner reaches the following Conclusions:
Alvin Norman 16
Plat of Annalisa
W, of 80'h Ave. & S. of Tieton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
MDNS was mooted and withdrawn when the SEPA Responsible Official rescind
gation Measures B 1, B2 and B3, I
W j
Ek
The Hearing Examiner recommends to the Board of Yakima County
Commissioners that the preliminary Is of "Annalisa" described in the application and
related documents assigned file numbers SUB 08-40, SEP 08-23 and PRJ 08-503 be
9. When Nob Hill Boulevard is extended to connect with at least one street within the
Cottonwood Grove plat or the final phase of the Meadowview plat containing the
final two lots in that plat is recorded, whichever occurs first, the gate on Westbrook
Alvin Norman 18
It of Annalisa
W, of 80'h Ave, & S. of Ticton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
11. The developer shall submit a road name application for the road(s) within the plat.
The street names must be reviewed and approved by Public Services. Street signs are
required for this development.
13. Installation of power and phone facilities must be completed, or arranged with th,.-
provider to be completed, prior to final plat approval.
14. All public and private utilities must be loc4ted underground with the exception of the
standard telephone box, transmission box and similar structures.
Alvin Nonnan 19
It of Annalisa
W. of 8OLAve. & S. of Tieton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
15, Public utility easements shall be provided adjacent to interior access easements and
public Tight-O&w4Ys as reqWred by County Standards and as soe6fiod by the utility
providers. Ou streets with a fifly (50) foot right-.�way, the utility easement shall be
ten (10) feet wide.
Alvin Norman 20
Plat of Aimalisa
W. of 801h Ave, & S. of Tieton Dr.
SUB 08-40; SE P 08-23; PRJ 08-503
19. Fire hydrants shall be placed at locations and to specifications as required by the
Yakima County Fire Marshal. The lots must be provided with adequate fire flow, in
accordance with the adopted fire code, prior to final plat approval.
20. Final lot dimensions and areas shall substantially conform to the preliminary plat
submitted, except as changed by this decision and/or the public hearing process,
Measures such as temporary ponding, silt fencing and the like shall be used as
necessary during construction to prevent erosion.
21. All property taxes and special assessments for the entire tax year must be paid,
together with any required pre-payment amount, prior to final plat approval.
23. Annalisa Lane shall be constructed to connect to South 801h Avenue prior to final
approval of Phase 2 of the plat.
25. The total project must be completed and the final plat submitted within the maxi II, u",
five (5) year time period pursuant to Section 58 ,17,140 of the Revised Code
Washington, Any extension beyond the five (5) year time period is subject to th
provisions of Chapter 14.24 of the Yakima County Code.
Alvin NQ an 21
Plat of Annalisa
W. of 80'h Ave. & S. of Tieton Dr,
SUB 08-40; SEP 08-23; PRJ 08-503
Plat Notes
26. The lots shall be subject to the following notes, which must be placed on the fa ce of
FAMIM
27. Each lot within this Plat is limited to one single-family dwelling unit and customary
Alvin Norman 22
Plat of Annalisa
W. of 80"' Ave. & S. of Tieton Dr.
SUB 08-40; SEP 08-23; PRJ 08-503
513 North Front Street, Suite Q (509) 248 -4156
Yakima, Washington 98901 Fax: (509) 249 -2883
P.O. Box 1723 (98907)
2MIMMUFM
Land Use Consultants
Annalisa Request for Preliminary Plat Extension April 25, 201.
Tti-dl f7-1;-CrJ- - I — i � IIII VT-7TTVTTT7oTT-57N,7rM,
completion of the flood control project.
2. City staff expressed a preference for barrier curbs over the mountable (rolled) curbs
allowed by the Hearing Examiner • dead-end streets (condition #7). The City does not
require sidewalks on private streets.
3. The City will accept setback standards from the Hearing Examiner decision even thou
in some cases they are less restrictive than current City setbacks. (Requiring a
combination of the more restrictive standards from the County decision and current Cit,
standards substantially reduces buildable area on some of the lots). We will show the
setbacks on the face of the final plat. I
The request for extension is being made early in order to allow sufficient time to have it
considered and because of the extent of the delay resulting from the Shaw Creek Flood Cont
Project. Please let me know if you need any additional documentation or if I can answer any
questions. We look forward to the City's decision • this request. I
Copy: Mike Shane, City of Yakima
Jessica HaTse-i
Durant Development Services, Inc. Page 2
Em tj ff-atj III
Carol Faith --- There was concern that it was measured from the property line but setbacks are generally measured from
the center line of the road and I think that was the point that Mr. Durant is making and that is clearly the intent of the
Hearing Examiner from the center line. Just that one clarification that Condition 17.
Carol Faith — Correct.
Ali Nazer — I am a shareholder of the north part ■ Meadowview. What happened, I d■ n't understand. Meadow-view
Phase I was supposed to opened by opening the fire gate that we put in now everything change and Dow Alvin is opening
the other side, Annalisa on a road that I paid for. I paid for it to open up my lots and 12 of my lots is not opened up yet
and Alvin is opening 26 lots from another development on the road that I paid for.
Mike Leita — Point of order here. Is this closed-record bearing? Did you give testimony at the previous hearing?
Mike Leita — Point of order and for clarification for anyone in the audience. This is a ejosed record hearing 'that has been
to the Bearing Examiner for a public open hearing. This is a closed public hearing which means that we are not allowed to
hear new testimony from the previous hearings that were conducted. It sounds to me ti at we c2xnot hear
GA1999-2014120W12t }09 Minutest] 1,17,09,doe
Page 4 ot`5
Ali Nazer — It is a part of it because what happened was the fire' gate that they put at the end of the lot was supposed to
open • the first phase of Meadow-view and Alvin came and asked for the Meadowview, he asked for Annalisa behind my
back. I never knew about it. What I heard from Alvin he said that they did not agree to open up the second part of
Meadowview. I didn't know that be applied for something else.
Mike Leita — There are some parties here that have issues with this subplat, that is unfortunately not part of this
discussion. If thep choose tbejj m;41 seek other remedies t1hrrou - h whatever devices thqy maim choose . be i lemial or other to
protect their position. This is Dot the place that that is allowed to happen. We are called to review the development as
submitted and there obviously is concurrence with provisions in the Hearing Examiner's findings and from previous
public hearings.
I I I IN) I I IR I Igo] I W.L.MQUI to WS a I I a tr-ja I I I I LU I AAEDSIN��
Michael D. Leita, Chairman I
---IXCUSED
Kevin J. Bouchey, Commissioner
J. Rand Elliott, Commissioner
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