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HomeMy WebLinkAbout1996-053 Rezone ORDINANCE NO. 96 53 • AN ORDINANCE rezoning approximately 3.2 acres comprised of eleven parcels located in the vicinity of City of Yakima Fire Station No 5 at 807 East Nob Hill Boulevard in Yakima, Washington, from Two - Family Residential (R -2) to Central Business District Support (CBDS) and amending the zoning map of the Yakima Urban Area accordingly WHEREAS, on May 9, 1996, the Hearing Examiner conducted a duly convened public hearing on the application (UAZO RZ #1 -96) submitted by the City of Yakima Fire Department, requesting amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Two - Family Residential (R -2) to Central Business District Support (CBDS) of approximately 3.2 acres parcel located in the vicinity of City of Yakima Fire Station No 5 located at 807 East Nob Hill Boulevard in Yakima, Washington, comprised of Yakima County Assessor's Parcels #191330 - 14443, 14445, 14446, 14447, 14448, 14454, 14456, 14458, 14542, 14545, and 14546 (all referred to below as "the Subject Property "), and WHEREAS, as a result of that hearing and review of the record the Hearing Examiner recommended to the City Council that the requested rezone be granted, and WHEREAS, the Subject Property is suitable for uses permitted in the Central Business District Support (CBDS) District; the proposal is compatible with the neighbor- hood, there exists a public need for the proposed rezone and since the existing zoning was established circumstances have changed and now make the proposed rezone ap- propriate, and the proposed rezone is consistent with and complies with (1) the require- . - ments and considerations set forth in Yakima Municipal Code Chapter 15.23, (2) the goals and policies of the Yakima Urban Area Comprehensive Plan, (3) the intent of the Yakima Urban Area Zoning Ordinance, and (4) other applicable land use controls, and, WHEREAS, the best interests of the City of Yakima would be advanced by rezoning the Subject Property, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The decision of the Hearing Examiner recommending amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Two - Family Residential (R -2) to Central Business District Support (CBDS) of approximately 3.2 acres parcel located in the vicinity of City of Yakima Fire Station No 5 located at 807 East Nob Hill Boulevard in Yakima, Washington, comprised of Yakima County Assessor's Parcels #191330 - 14443, 14445, 14446, 14447, 14448, 14454, 14456, 14458, 14542, 14545, and 14546, legally described as. LOT 11 EXCEPT THE'SOUTH 2 FEET OF THE EAST HALF THEREOF AND LOT 12 EXCEPT THE WEST 20 FEET OF THE SOUTH 71 135 FEET THEREOF AND EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 12, A DISTANCE OF 12.50 FEET EASTERLY OF THE NORTHWEST CORNER THEREOF, THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LOT 12, TO A POINT ON THE SOUTH LINE OF THE NORTH 127 73 FEET OF SAID LOT 12, THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE OF THE EAST 232.00 FEET OF SAID LOT 12, THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LOT 12, A DISTANCE OF 30 00 10 FEET, THENCE EASTERLY TO A POINT ON THE EAST LINE OF SAID LOT 12, THENCE NORTH ALONG EAST LINE.OF LOT 12 TO NORTHEAST CORNER, THENCE WESTERLY ALONG NORTH LINE OF SAID LOT 12, TO THE POINT OF BEGINNING lap /zoning /rezones /fire training center /fire training center ord7 /11/96 9•22 AM UAZO RZ #1 -96 / YAKIMA FIRE DEPT TRAINING CENTER REZONE ORDINANCE -- Page 1 AND EXCEPT THE SOUTH 61 135 FEET OF THE EAST HALF, THEREOF AND THE NORTHWEST QUARTER OF LOT 13 AND THE WEST HALF OF LOT 14 • AND THE WEST 50 FEET OF THE SE 1/4 OF LOT 14 EXCEPT THE SOUTH 10 FEET THEREOF, FOR ROAD AND THE NE 1/4 OF LOT 14 ALL IN CENTRAL PARK ADDITION TO THE CITY OF NORTH YAKIMA, NOW YAKIMA, WASHINGTON, RECORDED IN VOLUME "A" OF PLATS, PAGE 46, RECORDS OF YAKIMA COUNTY WASHINGTON (referred to below as "the Subject Property "), is hereby affirmed and adopted, and the Subject Property shall be zoned Central Business District Support (CBDS) and the Official Yakima Urban Area Zoning Map within the City of Yakima shall be amended accordingly Section 2. The Yakima City Council hereby adopts the findings and conclusions of the Hearing Examiner's Recommendation, Examiner No I96 -2 -25, City No UAZO RZ #1- 96, a true copy of which Hearing Examiner's Recommendation is attached to this ordinance as Exhibit "A ", and is incorporated herein by reference Section 3. The City Council finds formally that (1) the Subject Property is suitable for uses permitted in the Central Business District Support (CBDS) District; (2) the proposal is compatible with the neighborhood, (3) there exists a public need for the proposed rezone and (4) since the existing zoning was established circumstances have changed and now make the proposed rezone appropriate, (5) the proposed rezone is consistent with and complies with (a) the requirements and considerations set forth in Yakima Municipal Code Chapter 15.23 (b) the goals and policies of the Yakima Urban Area Comprehensive Plan, and (c) the intent of the Yakima Urban Area Zoning Ordinance, and (d) other applicable land use controls Section 4 The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance Section 5 Subject to the foregoing provisions and conditions precedent, 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, and this decision shall be final and conclusive unless within 30 days from the date of final action by the City Council an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action taken. PASSED BY THE CITY COUNCIL, signed and approved this /(S of ,1996 ATTEST Buchanan, Mayor g am_ A c mc. City Clerk Publication Date: 7 - /G; - 9( Effective Date �'- /-s 96 lap /zoning /rezones /fire training center /fire training center ord7 /11/96 9:22 AM UAZO RZ #1 -96 / YAKIMA FIRE DEPT. TRAINING CENTER REZONE ORDINANCE -- Page 2 ISSUED: MAY 2, 1996 Rezone Application by ) EXAXINFR'i RECOMMENDATION City of Yakima Fire ) CITY NO. UAZO RS #1 -96 Department for 3 Acres ) from R -2 to CBDS Near ) *xaainer No. I96 -2 -2S Fire Station #S, ) 807 East Nob Hill Blvd. ) The Examiner conducted a public hearing on April 25, 1996. The staff report presented by Dan Valoff and presented by Joan Davenport recommended approval. There was no opposition. A lot of fire people and architects attended, but because the T.V. was not on, I did not let anybody make fancy speeches. The Examiner inspected the property prior to the hearing. BU)Q(ARY OF RECOMMENDATION. The Examiner recommends approval. 1111 From the view of the site, the matters contained in the official record, including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: 7INDINGS 1. Applicant. City of Yakima Fire Department. 2. Location. Eleven parcels, consisting of about 3.2 acres, are north and east of existing Fire Station No. 5, which is located at 807 East Nob Hill Blvd. The Assessor's parcel numbers are 191330- 14443, 14445, 14446, 14447, 14448, 14454, 14456, 14458, 14542, 14545, and 14546. 3. Application. Rezone. 4. Proposed Sone. Central Business District Support (CBDS). 5. Proposed Use. Fire training facility in conjunction with Yakima Fire Station No. 5. EXAMINER'S RECOMMENDATION - 1 lap /zoning /rezones /fire training center /fire training center ord7 /10/96 2:10 PM H, EXAMINER RZ # 1 -96 / YAKIMA FIRE DEPT. TRAINING CENTER FOR THE REZONE ORDINANCE -- EXHIBIT A CITY "NO COUNTY of YARN, POST OFFICE BOX 4 YAKIMA. WASHINGTON 989C LS091248 -0706 S. Current toning and Use. The area west of the fire station is currently zoned Two Family Residential (R -2). These parcels were all developed as single family homes, but for the most part have been cleared by the city. Adjacent properties have the following characteristics: Location gxisting Zoning gxisting Land Use North R -2 Residential East R -2 Residential West R -2 Residential South CBDS Fire Station 7. Project Description. This is a Council initiated rezone, pursuant to Resolution 96 -29. The city has acquired these parcels and with the proceeds of a 1994 bond issue will develop a fire training facility consisting of the following three major components: a) Classroom/Office Area - This part of the complex will be created by remodeling two bays of the existing Fire Station. It will provide classrooms, restroom facilities, storage and office space for up to four employees. The classrooms will be designed to serve up to 70 students. b) Drill Grounds - The bulk of the site to the north of the existing Fire Station will be used for drill /training activities. This area will be mostly open space and will be developed with a combination of asphalt paving, grass, and gravel. Training conducted on the drill grounds will include activities such as apparatus driver training, confined space rescue, laying fire hose, and water application techniques. o) Training Tower - The Fire Training Tower shown on the site plan will be the focal point of the facility. The Tower's footprint will be approximately 40 feet by 40 feet and the structure will be configured to provide a variety of floor levels, roof lines, and types. A portion of the facility will reach a height of approximately 50 feet and will be used to simulate high rise apartment and commercial buildings. The Tower will have the EXAMINER'S RECOMMENDATION - 2 lap /zoning /rezones /fire training center /fire training center ord7 /10/96 2:10 PM HEARING EXAMINER RZ # 1 -96 / YAKIMA FIRE DEPT. TRAINING CENTER FOR REZONE ORDINANCE -- EXHIBIT A CITY AND COUNTY POST OFFICE SOX 4 YAKNA. WAS1.4INGTON 999c (509) 248-0706 capability to simulate live fire burns and simulated smoke to create real fire situations. The rezone area constitutes 3.2 acres. When joined with the existing fire station, the total area will be about 5.5 acres. The rezone area is bordered on the west by a graveled alley, which will be paved as part of the construction project. This pavement will match the existing alley pavement adjacent to Station 5. This rezone basically converts the northeast quadrant of the block, bounded by Central Avenue to the north and Fair Avenue to the east, from residential to CBDS. Remaining R -2 zoning and residential development will exist on about 5 lots in the immediate northeast corner of the block, at the intersection of Central and Fair (10th), and with respect to about one lot mid -block on Fair. This rezone is prompted by the need to build a 50 foot training tower, which exceeds the building height limitation of the R -2 zone. The CBDS zone does accommodate a maximum building height of 50 feet. If this rezone is approved, Chief Chronister earnestly promises to not burn in effigy at this live fire training tower any City Council members. Some question remains, however, as to whether a burger (spelling uncertain) could be broiled on site. S. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YMC 15.23.030(5) are considered below: 8.1 Testimony. All testimony was in favor of this proposal. The fire department held a neighborhood meeting, prior to the hearing, at which only a few neighbors attended and who voiced no opposition. 5.2 ,suitability of the Provertv. This property is well suited to this training facility, particularly since it is adjacent to an existing fire station -and located on an arterial. 5.3 Agency Recommendations. All recommendations are in favor of this project. 1111 8.4 Compliance with Comprehensive Plan. and Zoning O rdinance. This proposal complies with the comprehensive plan and EXAMINER'S RECOMMENDATION - 3 lap /zoning /rezones /fire training center /fire training center ord7 /10/96 2:10 PM MEARM EXAMINER UAZO RZ # 1 -96 / YAKIMA FIRE DEPT. TRAINING CENTER FOR THE REZONE ORDINANCE -- EXHIBIT A CJTY AND o�CE 90X YAKIMA POST YAKIMA. WASHP4GTON 9e90 (509W 248 -0706 r the zoning ordinance, meets all the design and development III regulations of both documents, including parking and lot coverage. It is also consistent with the State Growth Management Act requirements concerning being able to locate community facilities within urban areas. 8.9 Adequacy of Public Facilities. Existing arterial access to Nob Hill Blvd. will continue to be utilized for this proposal. Central and Fair Avenues are hard surfaced streets with curb, gutter, and sidewalk on one side. The sidewalks in both cases are on the opposite sides of the street. This proposal will not result in construction of sidewalks. Existing curb cuts will be modified and or replaced as necessary to conform with the site plan. The existing graveled alley from mid -block north to Central Avenue will be paved as part of this proposal. All other utilities are in place. 8.6 Compatibility. This proposal is compatible with the neighborhood, based upon the lack of any opposition and the co- existence of the existing fire station in harmony with the neighborhood for many years. 8.7 Public Need. This rezone is required in order to allow construction of modern training facilities higher than allowed in the existing zone. It is an expansion of CBDS zoning which currently exists along Nob Hill Blvd., and is responsive to the changing training circumstances encountered by modern fire departments. 9. State Environmental Policy Act. A Determination of Non - significance was issued on March 20, 1996, and is final. 10. public Notice. Public notice of the hearing was provided in accordance with the ordinance. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 410 2. The proposed rezone conforms to the goals and policies of EXAMINER'S RECOMMENDATION - 4 lap /zoning /rezones /fire training center /fire training center ord7 /10/96 2:10 PM HEARING EXAMINER RZ #1-96 / YAKIMA FIRE DEPT. TRAINING CENTER FOR THE REZONE ORDINANCE -- EXFIIBIT A cm AND OFFICE BOX AKMA 'MAMA. WASHINGTON 9890 (509) 248 -0708 • f+ the Yakima Urban Area Comprehensive Plan and to the intent of the Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the CBDS District; there are no problems with the neighborhood compatibility; and a public need does exist for the proposed change. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RIOEMINDATIO Approve this rezone application, from R -2 to CBDS. Respectfully submitted this 2, day of May, 1996. Alu - - -//6/ PHILIP A. B 411 Hearing Examiner 111 EXAMINER'S RECOMMENDATION - 5 lap zoning /rezones /fire training center /fire training center ord7 /10/96 2:10 PM EXAMINER RZ` #1-96 / YAKIMA FIRE DEPT. TRAINING CENTER FOR THE REZONE ORDINANCE -- EXHIBIT A cr " POS o�FF,ce 9�OX 4 M YAKIMA. WASHINGTON 989" (5091 248 -0706 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 1 FOR MEETING OF: July 16. 1996 ITEM TITLE: Ordinance approving the rezone request by the Yakima Fire Department in the vicinity Fire Station No 5 at 807 East Nob Hill Boulevard SUBMITTED BY Glenn J Valenzuela, Director of Community & Econo Development o de CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163 SUMMARY EXPLANATION: On June 4, 1996 the City Council voted to approve the rezone request by the City of Yakima Fire Department from R -2, Two - Family Residential to CBDS, Central Business District Support The three acre rezone is located in the area surrounding Fire Station #5 at 807 East Nob Hill Boulevard. The purpose of this rezone is to facilitate the development of the new Fire Training Facility Assessor's parcel numbers 191330- • 14443, 14445, 14446, 14447, 14448, 14454, 14456, 14458, 14542, 14546 Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. 72e City Manager STAFF RECOMMENDATION Adopt legislation prepared by City Legal Department. BOARD RECOMMENDATION Hearing Examiner recommends approval with conditions COUNCIL ACTION Voted to approve the requested rezone •