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HomeMy WebLinkAbout1983-2679 REZONE PROPERTY AT 54 WEST NOB HILL BOULEVARD CORRECTED ORDINANCE NO. 2679 AN ORDINANCE affirming the recommendation of the Planning Commission and granting a major modification to a Planned Develop- ment Zone, and rezoning property from R-2, Two-Family Zone to Planned Development Zone, at 54 West Nob Hill Boulevard in the City of Yakima, Washington. WHEREAS, pursuant to due and legal notice, the City Council of the City of Yakima held a hearing on the 22nd day of February, 1983, on the recommendation of the Planning Commission that a major modification be granted to property zoned for Planned Develop- ment at 54 West Nob Hill Boulevard in the City of Yakima, Washington, and that adjacent property at that location be rezoned from R-2, Two-Family Zone, to Planned Development Zone, the legal description of which property is set out hereinbelow, and WHEREAS, as a result of its hearing, the City Council determined that the major modification and the rezone should be granted, and hereby makes its followings findings and conclusions: FINDINGS 1. Mr. Kuie Wen has requested a major modification to an existing Planned Development (kitchen area expansion) and has requested a rezone from R-2, Two-Family Zone to Planned Development Zone for certain properties adjacent to the existing Planned Development Zone in order to develop a thirty-two stall parking lot to serve a restaurant on the existing Planned Development Zone property all at 54 West Nob Hill Boulevard in the City of Yakima, • Washington. 2. The proposed restaurant expansion site is presently zoned Planned Development and R-2 and contains the existing restaurant facility and a single-family residential dwelling. The site for the parking lot is zoned R-2 and is vacant, unimproved • property. The surrounding zoning and land use is as follows: NORTH M-2 Bag Manufacturing/Printing Business SOUTH R-2 Single-Family/Duplex Dwelling Units EAST M-2 Wholesale/Distributing Business WEST PD' Paint Supply Store 3. The two lots west of Rock Avenue on which the existing restaurant is situate are of adequate size and depth to buffer the - commercial use of that property from adjacent residential use. • The setting back of the building line a distance of one foot from the southerly property line: and. the installation of a screen around the refuse site, will tend to preserve the existing distinction between commercial use of the subject property and 111 residential use of adjacent property to the south, and will resolve any potential problem of incompatibility between those uses of the subject property and adjacent properties. 4. The proposed new parking lot east of Rock Avenue is a very beneficial additional to the existing restaurant facility. There are times when restaurant customers must use an adjoining business parking lot. The new lot will alleviate S. majority of the Tarking problem for the restaurant during its peak hours of operation. The two ninety degree parking stalls at the northeast corner of the lot should be signed for compact cars only and the planter area should be expandedtwo feet eastward to insure that the stalls remain for use by compact cars. For safety reasons, a sidewalk should be constructed along Nob Hill Boulevard in a strip of right-Of-way which should be acquired for that purpose along the parking lot to be constructed as a part of this Planned Development. 5. The Planning Commission recommended that the request for a major modification to the existing Planned Development be granted • and that the rezone be granted, all subject to the terms and conditions contained hereinbelow, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The recommendation of the Planning Commission of the City of Yakima that a major modification,be 'granted to the existing Planned Development applicable. to the 'following real property, and that the balance of the following real property be rezoned from R-2, Two-Family Zone to Planned Development Zone, which property is situate at 54 West Nob Hill Boulevard in the City. of Yakima, Washington, and more particularly described as follows, to wit: -2- • The north 150.6 feet of the northeast quarter of the northeast • quarter of the northwest quarter of the southwest quarter of Section 30, Township.13 North, Range 18 E.W.M.; EXCEPT the east 25 feet, the west 25 feet, and the north 40 feet for streets, AND Lots 1, and 2 of Terminal Addition as recorded in Volume I of Plats, Page 42, records of Yakima County, Washington; EX mo the north 5 feet of said Lot 1 for street. 011 should be, and the same is hereby, affirmed and granted, all subject however, to the following conditions: 1. That the kitchen expansion remain at least one foot from the south- erly property line. 2. That the refuse area be improved by site screening and installation of a drywell/grease trap according to plans to be submitted to and subject to approval by the Office of Environmental Planning of the city prior to issu- ance of any building permit for kitchen expansion. 3. That the two ninety degree stalls be designated for use by compact cars only. 4. That the planter adjacent to the ninety degree parking stalls be widened to a minimum width of two feet. 5. That a dedication of property five feet in widthforpublic right-of- way purposes be made to the city along Nob Hill Boulevard and east of Rock Avenue for the entire length of the property hereby rezoned from R-2, Two- Family Zone to Planned Development Zone. 6. That a sidewalk be constructed in the newly dedicated right-of-way similar to the sidewalk along Nob Hill Boulevard to the west of Rock Avenue on the property zoned Planned Development for which this major modification is granted. Section 2. The above change in zoning shall be included and depicted on the next regularly amended use and district map prepared by and for the city. Section 3. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section 4. This ordinance shall be effective thirty days after its pass- " age, approval and publication as provided by law and by the City Charter. ADOPTED BY THE CITY COUNCIL this 15th day of March , 1983. /it • 4.4 /PILL- Mayor ATTEST: ' ' .. City Clerk • -3-- ORDINANCE NO. 26 7 9 411 AN ORDINANCE affirming the recommendation of the Planning Commission and granting a major modification to a Planned Develop- ., ment Zone, and rezoning property from R-2, Two-Family Zone to Planned Development Zone, at 54 West Nob Hill Boulevard in the City of Yakima, Washington. WHEREAS, pursuant to due and legal notice, the City Council of the City of Yakima held a hearing on the 22nd day of February, 1983, on the recommendation of the Planning Commission that a major modification be granted to property zoned for Planned Develop- ment at 54 West Nob Hill Boulevard in the City of Yakima, Washington, and that adjacent property at that location be rezoned from R-2, Two-Family Zone, to Planned Development Zone, the legal description III of which property is set out hereinbelow, and WHEREAS, as a result of its hearing, the City Council determined that the major modification and the rezone should be granted, and hereby makes its followings findings and conclusions: FINDINGS 1. Mr. Kuie Wen has requested a major modification to an existing Planned Development (kitchen area expansion) and has requested a rezone from R-2, Two-Family Zone to Planned Development Zone for certain properties adjacent to the existing Planned Development Zone in order to develop a thirty-two stall parking 0 lot to serve a restaurant on the existing Planned Development Zone property all at 54 West Nob Hill Boulevard in the City of Yakima, Washington. 2. The proposed restaurant expansion site is presently zoned Planned Development and R-2 and contains the existing restaurant facility and a single-family residential dwelling. 111 The site for the parking lot is zoned R-2 and is vacant, unimproved property. The surrounding zoning and land use is as follows: NORTH M-2 Bag Manufacturing/Printing Business SOUTH R-2 Single-Family/Duplex Dwelling Units EAST M-2 Wholesale/Distributing Business WEST PD Paint Supply Store 3. The two lots west of Rock Avenue on which the existing restaurant is situate are of adequate size and depth to buffer the commercial use of that property from adjacent residential use. The setting back of the building line a distance of one foot from the southerly property line, and the installation of a screen 111 around the refuse site, will tend to preserve the existing distinction between commercial use of the subject property and residential use of adjacent property to the south, and will resolve any potential problem of incompatibility between those uses of the subject property and adjacent properties. 4. The proposed new parking lot east of Rock Avenue is a very beneficial additional to the existing restaurant facility. There are times when restaurant customers must use an adjoining business parking lot. The new lot will alleviate a majority of the parking problem for the restaurant during its peak hours of operation. The two ninety degree parking stalls at the northeast corner of the lot should be signed for compact cars only and the planter area should be expanded two feet eastward to insure that the stalls remain for use by compact cars. For safety reasons, a sidewalk should be constructed along Nob Hill Boulevard in a strip of right-of-way which should be acquired for that purpose along the parking lot to be constructed as a part of this Planned Development. 5. The Planning Commission recommended that the request for a major modification to the existing Planned Development be granted and that the rezone be granted, all subject to the terms and 111 conditions contained hereinbelow, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The recommendation of the Planning Commission of the City of Yakima that a major modification be granted to the existing Planned Development applicable to the following real property, and that the balance of the following real property be II! rezoned from R-2, Two-Family Zone to Planned Development Zone, 411 which property is situate at 54 West Nob Hill Boulevard in the City of Yakima, Washington, and more particularly described as follows, to wit: -2- The .east 165 feet of the north. 211.4 feet of the northeast quarter of the northeast quarter of the northwest quarter of the southwest quarter of Section 30, Township 13 North, Range 19, E.W.M., EXCEPTING THEREFROM the following: the north 150.6 feet; the east 25 feet for road. Situated in Yakima County, State of Washington AND Lots 1 and 2, Block 1, Terminal Addition to the City of Yakima, according to the official plat thereof now of record and on file in the office of the Yakima County Auditor, Yakima, Washington. should be, and the same is hereby, affirmed and granted, all subject however, to the following conditions: 1. That the kitchen expansion remain at least one foot from the southerly property line. 2. That the refuse area be improved by site screening and installation of a drywell/grease trap according to plans to be submitted to and subject to approval by the Office of Environmental Planning of the city prior to issuance of any building permit for kitchen expansion. 3. That the two ninety degree stalls be designated for use by compact cars only. 4. That the planter adjacent to the ninety degree parking stalls be widened to a minimum width of two feet. 5. That a dedication of property five feet in width for public right-of-way purposes be made to the city along Nob Hill Boulevard and east of Rock Avenue for the entire length of the property hereby rezoned from R-2, Two-Family Zone to Planned 411 Development Zone. 6. That a sidewalk be constructed in the newly dedicated right-of-way similar to the sidewalk along Nob Hill Boulevard to the west of Rock Avenue on the property zoned Planned Development for which this major modification is granted. Section 2. The above change in zoning shall be included and ilk depicted on the next regularly aniended use and district map prepared by and for the city. Section 3. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. -3- Section 4. This ordinance shall be effective thirty days after its passage, approval and publication as provided by law • and by the City Charter. ADOPTED BY THE CITY COUNCIL this day of 2770.-6-A 1983. Mayor ATTEST: City Clerk 411 411 411 411 -4-