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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 G:\1999-2014\2009\2009 Minutes\l 1,17.09,doc Page 5 of 5 11