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HomeMy WebLinkAbout1979-2328 REZONE PROPERTY BETWEEN FAIR AVENUE & SOUTH 7TH STREET, FROM MAPLE STREET TO CHESTNUT STREET. ORDINANCE NO. 411 AN ORDINANCE rezoning certain property situate between Fair Ave- nue and South 7th Street from Maple Street to Chest- nut Street in the City of Yakima, Washington, from R -3, Multiple- Family Zone, to R -1, One- Family Zone. • WHEREAS, pursuant to due and legal notice, the Planning Com- mission and City Council of the City of Yakima held hearings upon the motion of the Planning Commission initiating rezone proceed- ings for certain real property situate between Fair Avenue and South 7th Street from Maple Street to Chestnut Street in the City of Yakima, Washington, the legal description of which is set out hereinbelow, from R -3, Multiple - Family Zone, to R -1, One - Family • Zone, and WHEREAS, as a result of its hearings, and based on the testi- mony and other evidence presented at such hearings, the City Coun- cil finds as follows: FINDINGS 1. The area within the outside boundaries of the area under consideration for rezoning consists of approximately 41 acres, with percentages of land use as follows: Land Use Acres % of Total Residential 24.5 59.5% Public Right -of -ways 10 25.0% Industrial 1 2.5% Vacant Land 5.5 13.0% Total 41 100 2. The General Plan of the City indicates the area to be best suited for low- medium residential development (6 -12 D.U. /N.R.A). 3. Development in the area predominantly single-family Approximately 85% of the existing housing units in the area are developed and used as single - family dwellings. Exist- ing multiple- family housing is scattered throughout the area. 4. There are currently approximately 180 dwelling units in the area, which equals a density of approximately 6 D.U. /N.R.A. 5. The R -3, Multiple - Family Zone, is the City's highest density zone, allowing residential density far in excess of the General Plan designation of 6 -12 D.U. /N.R.A. for the area which . is the subject of the rezone proceeding. 411 6. The City's Arterial Street Plan designates Fair Ave- nue, the easterly boundary of the rezone area, as a Neighborhood Collector. The majority of the streets within the area are constructed to widths of less than 30 feet, providing only one driving lane with parking on both sides of the streets. To allow the area to be developed as an R-3, Multiple-Family Zone, would tend to overcrowd the narrow streets in the area beyond their capacity, both as traveled ways and for on-street parking purposes, increasing the risk for potential hazards to both vehicular and pedestrian traffic. 7. The City has adopted, as a goal of its housing policy, 41/ the maintenance and preservation of the City's existing housing stock. Throughout the City, there exists a shortage of single- family housing which can be financially afforded by low and moderate income owners. To rezone the subject area to R-1, One-Family Zone, would tend to preserve existing single-family housing, and encourage development of new single-family housing, which can be afforded by low and moderate income owners. 8. At the time of the original zoning of this subject area, it, as well as most of the older areas within the City, was "over-zoned" to allow development from lower density to higher 0 density levels. •The original purpose and intent of such "over- zoning" was to encourage private investment in older areas of the City by the construction of multiple-family residences so as to allow recoupment of the inve:itment. Currently, approximately one-iourth of the City's residential areas are zoned R-3, much of which is situate in the east Yakima area, and much of which rel-dins vacant and undeveloped. However, because of the large amount of land throughout the City zoned R-3, the result of such 4111 "over-zoning", particularly in the subject rezone area, has been the undesirable scattering of high density residential structures throughout single-family areas, rather than the desired develop- ment of identifiable multiple-family areas. To rezone the subject area to R-1, One-Family Zone, would be to render that area more desirable for private investment in such a way so as to preserve -2- 410 the City's existing single family housing stock; as referred to Finding No. 7 above, thereby correcting the original zoning which was inappropriately applied to this area. 410 9. The rezone area is presently served by an adequate storm sewer system and other utilities and improvements such as streets, curbs and gutters sufficient to serve the area, provided the density does not increase above that which would be allowed under R-1, One-Family residential zoning. If the area were allowed to develop to densities allowable under its existing R-3, Multiple- . Family zoning, the sewers and other utilities and improvements • would become overtaxed and inadequate to serve the resulting increased density so as to contribute to health and safety hazards. 10. The majority of citizens in the rezone area have expressed their strong desire for the neighborhood to be preserved in its existing character of mixed single-family and multiple-family residences. If the area were to remain zoned R-3, Multiple-Family Zone, housing diversification would be maintained, but existing stock would be less protected. If the area were to be rezoned R-1, One-Family Zone, with the retention of the R-3 Zone for certain areas presently developed with multiple-family residences, the existing character of mixed single-family and multiple-family 41, residences in the neighborhood would be maintained, and the exist- ing housing stock would thereby be better protected and preserved. From the foregoing findings, the City Council concludes as follows: CONCLUSIONS 1. The low-medium residential density (6-12 D.U./N.R.A.) proposed by the City's General Plan is appropriate for the overall :,. involved in the rezone. 111 2. To allow the area to remain zoned as R-3, Multiple-Family Zone, would allow the area to be developed far in excess of the !II density designated by the City's General Plan for that area, and would be contrary to the General Plan. 3. To rezone the area to R-1, One-Family Zone, with certain areas retaining their R-3 zoning, would be more conducive to -3- maintaining the existing character of the neighborhood, as desired by both the proponents and opponents to this rezone., than to allow the area to remain zoned as R -3, Multiple- Family Zone; and would be in conformity with the City's housing policy of maintaining and preserving the City's existing housing stock affordable to low and medium income families. 4. The subject property, along with much other residential property in the older areas of the City, was originally zoned R -3, Multiple - Family Zone, under a theory that such zoning would be conducive to private investment and redevelopment of that area. Subsequent events have proved that theory to be unsound • and erroneous, and the subject property should be rezoned to R -1, One - Family Zone, (with the exception of certain developed areas to remain R -3, Multiple - Family Zone) to correct that erroneous zoning and to encourage private investment and redevelop- ment of single - family residences in the area. 5. The proposed rezoning is in accord with good planning and with the General Plan of the City; the majority of property owners within the area favor such rezoning; the highest and best use of the property in the rezone area and proposed for rezoning is for single- family residential use; and the rezoning of that area, as proposed, is in the best interests of the public health, • safety, morals and general welfare of that area and the City, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following described real property situate between Fair Avenue and South 7th Street from Maple Street to Chestnut Street in the City of Yakima, Washington, and more parti- cularly described as follows, to wit: Beginning at the intersection of the centerline of East • Chestnut Street and the west line of the northeast quarter of the northeast quarter of Section 19, Township 13 North, Range 18, E.W.M.; thence east along the centerline of East Chestnut Street to the centerline of South 10th Street; thence south along the centerline • of South 10th Street and said centerline extended to a point 162 feet south of the south line of said sub- division; thence east parallel with said south line to the centerline of South 10th Street; thence south along -4- the centerline of South 10th Street to a point 165 feet north of the north line of the southeast quarter of the southeast quarter of the northeast quarter of said section. thence east parallel with said north line to • the east line of said section; thence south along said section line to its intersection with the centerline 411 of East Maple Street; thence southwesterly along the centerline of East Maple Street to its intersection with the extended centerline of the alley in Block 155, the Home Addition to North Yakima, Washington, (now Yakima, Washington), as recorded in Volume A of Plats, page 23, records of Yakima County, Washington; thence northwesterly along the extended centerline and center- line of said Block 155 to the centerline of East Pine Street; thence southwesterly along the centerline of East Pine Street to its intersection with the extended centerline of the alley in Block 154, Natches Addition to North Yakima (now Yakima), as recorded in Volume A of Plats, page 83, records of Yakima County, Washing- ton; thence northwesterly along the extended center- _ line and centerline of said Block 154 to ,the centerline of East Spruce Street; thence northeasterly along the centerline of East Spruce Street to the centerline of South 8th Street; thence northwesterly along the • centerline of South 8th Street to its intersection with the extended south line of the northwest quarter of the southeast quarter of the northeast quarter of - Section 19, Township 13 North, Range 19, E.W.M.; thence east along said extended south line to the southwest corner of said subdivision; thence north along the west line of said subdivision to its intersection with the extended centerline of the alley in Block 172 of said Natches Addition; thence northwesterly along said extended centerline and centerline to the centerline of East Chestnut Street; thence northeasterly along the centerline of East Chestnut Street to its intersection with the west line of the northeast quarter of the northeast quarter of said Section 19; thence north along said west line to the point of beginning; EXCEPTING therefrom the following 3 parcels: 411 Parcel No. 1: Lot 7 of Dills Addition as recorded in Volume "H" of Plats, page 39, records of Yakima County, Washington, and Lot 9, Block 194 of Maple Addition as recorded in Volume "B", page 95, records of Yakima County, Washing- ton; except the south 50 feet; Parcel No. 2: The south 83 feet of the west 191.5 feet of the southwest quarter of the southeast quarter of the northeast quar- ter of Section 19, Township 13 North, Range 19, E.W.M.; c.c.cept the south 10 feet for street; Parcel No. 3: Tb2 east 150 feet of the west 562 feet of the south -37.1 feet of the north 490.5 feet of the northwest quarter of the southeast quarter of the northeast quarter of Section 19, Township 13 North, Range 19, E.W.M. and the south 92.5 feet of the north 353.4 feet of the west 562 feet of subdivision. is hereby rezoned from R-3, Multiple-Family Zone, to R-1, One-Family Zone, with the exceptions noted in the foregoing legal description, which excepted property shall remain zoned as R-3, Multiple-Family Zone. -5- - - Section 2. The above change in zoning shall be included and II/ depicted on the next regularly amended Use District Map prepared by and for the City. Section 3. The City Clerk is hereby authorized and directed 410 to file with the Yakima County Auditor a certified copy of this ordinance. Section 4. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as pro- vided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this j/ 71--- day of A , 1 979. 11 • Mayor ATTEST: 1 t4 C er 41110 • -6- MOTION A MOTION requesting a rehearing by the Planning Commission of a rezone application of citizens in the area for the rezone of property. WHEREAS, a hearing was held before the City Planning Commis- , 1,0 sion on April 17, 1979, on the request of citizens in the area between South 7th Street and Fair Avenue from Maple Street to Chestnut Street in the City of Yakima, Washington, which property is more particularly described as follows: Beginning at the intersection of the centerline of East Chestnut Street and, the west line of the northeast quarter of the northeast quarter of Section 19, Township 13 North, Range 18, E.W.M.; thence east along the centerline of East Chestnut Street to the centerline of South 10th Street; thence south along the centerline of South 10th Street and said centerline extended to a point 162 feet south of the south line of said subdivision; thence east parallel with said south line to the centerline of South 10th Street; thence south along the centerline of South 10th Street to a point 165 feet north of the north line of the southeast quarter of the southeast quarter of the northeast quarter of said section; thence east parallel with said north line to the east line of said section; thence south along said section line to its intersection with the centerline of East Maple Street; thence southwesterly along the centerline of East Maple Street to its intersection with the extended centerline of the alley in Block 155, the Home Addition to North Yakima, Washington, (now Yakima, Washington), as recorded in Volume A of Plats, page 23, records of Yakima County, Washington; thence northwesterly along the extended centerline and centerline of said Block 155 to the center- line of East Pine Street; thence southwesterly along the centerline of East Pine Street to its intersection with the extended centerline of the alley in Block 154, Natches Addition to North Yakima (now Yakima), as recorded in Volume A of Plats, page 83, records of Yakima County, Washington; thence northwesterly along the extended center- line and centerline of said Block 154 to the centerline of East Spruce Street; thence northeasterly along the center- line of East Spruce Street to the centerline of South 8th Street; thence northwesterly along the centerline of South 8th Street to its intersection with the extended south line of the northwest quarter of the southeast quarter of the northeast quarter of Section 19, Township 13 North, Range 19, E.W.M.; thence east along said extended south line to the southwest corner o f said subdivision; thence north along the west line of said subdivision to its intersection with the extended centerline of the alley in Block 172 of said Natches Addition; thence northwesterly along said extended centerline and centerline to the centerline of East Chestnut Street; thence northeasterly along the centerline of East Chestnut Street to its intersection with the west line of the northeast quarter of the northeast quarter of said Sec- tion 19; thence north along said west line to the point of beginning, from R-3, Multiple Family Zone, to R-1, Single Family Zone, and WHEREAS, as a result of said hearing, said request was granted, and WHEREAS, a hearing was held by the City Council on said request on May 21, 1979, and the City Counci finds as a result of said /. hearing that a rehearing on said request for rezone should be held by the Planning Commission to assure that due consideration is given to the General Plan of the City of Yakima, as well as to other Alk factors surrounding the application, before a final decision is made by the City Council, now, therefore, THE CITY COUNCIL OF THE CITY OF YAKIMA DOES HEREBY MOVE: That the Planning Commission of the City of Yakima be requested to hold a further hearing on the aforesaid rezone request and to report to the City Council within forty calendar days of the receipt of this Motion by the Planning Commission with respect to such rezone request; and the Clerk of the Council be directed to deliver a copy of this Motion to the Planning Commission forthwith. MOTION CARRIED BY THE CITY COUNCIL this ab4rday ofd 4 1979. S. Mayor ATTEST: City C er , -2-