HomeMy WebLinkAbout1994-076 Rezoning N side of Summitview between N. 61st and N. 63rd Avenues • ORDINANCE NO.. 94 -
AN ORDINANCE rezoning approximately 6 1 acres located at on the north side of
Summitview Avenue between North 61st and North 63rd Avenues
in Yakima, Washington, from Single Family Residential (R -1) to a
combination of Professional Business (B -1) and Two Family
Residential (R -2) and amending the zoning map of the Yakima
Urban Area accordingly, and providing approval of a drive -
through bank facility and a planned residential development.
WHEREAS, on September 8, 1994, the Hearing Examiner held a public hearing
on the master application (UAZO RZ #9 -94) submitted by D Loyd Hunter, requesting
amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima
and rezone from Single Family Residential (R -1) to a combination of Professional
Business (B -1) and Two Family Residential (R -2) of approximately 6.1 acres located at
on the north side of Summitview Avenue between North 61st and North 63rd Avenues
in Yakima, Washington, comprised of Yakima County Assessor's Parcels #181321-
23511, 23512, 23435, 23436, 23437, 23438, 23439, and 23460, and legally described as:
PROPOSED B -1 PROPERTY ]
• Lots 1, 2, 3 and 13 of KEITH'S 63RD AVENUE ADDITION, as recorded in Volume "Cr
of Plats, Page 6, Records of Yakima County, Washington.
EXCEPT the South 10 feet conveyed to Yakima County for road by Deed recorded
under Auditor's File Number 2310200
AND EXCEPT the North 2 feet of said Lot 3
AND
That part of the West 110 feet of Lot 9, and that part of Lot 10 of HUXTABLE
MODEL ORCHARD TRACTS, as recorded in Volume "E" of Plats, Page 41, Records of
Yakima County, Washington, lying Easterly of the Plat of KEITH'S 63RD AVENUE
ADDITION and lying Southerly of the following described line:
Beginning at the Southeast corner of Lot 12, of the Plat of KEITH'S 63RD
AVENUE ADDITION as recorded in Volume "Cr of Plats, Page 6, Records of
Yakima County, Washington. thence South 89 °42' East, reference beginning
parallel to the South line of the Northwest Quarter of Section 21, Township 13
North, Range 18 East, W M., 102.00 feet thence North 0 °18' East, 30 00 feet;
thence South 89 °42' East, 85 00 feet; thence South 0 °18' West, 30.00 feet; thence
South 89 °42' East to a point on the East line of the West 110 feet of said Lot 9 and
terminus of the line, herein described.
AND EXCEPT that .portion conveyed to Yakima County by Deed recorded under
Auditor's File No. 2316418 and under Auditor's File No 2315892
AND
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UAZO RZ #9 -94 / HUNTER
REZONE ORDINANCE -- Page 1
[PROPOSED R -2 PROPERTY,]
Ill
That part of the West 110 feet of Lot 9, and that part of Lot 10 of HUXTABLE
MODEL ORCHARD TRACTS, as recorded in Volume "E" of Plats, Page 41, Records of
Yakima County, Washington, lying Easterly of the Plat of KEITH'S 63RD AVENUE
ADDITION
EXCEPT that portion thereof lying Southerly of the following described line:
Beginning at the Southeast corner of Lot 12, of the Plat of KEITH'S 63RD
AVENUE ADDITION as recorded in Volume "Q' of Plats, Page 6, Records of
Yakima County, Washington, thence South 89 °42' East, reference beginning
parallel to the South line of the Northwest Quarter of Section 21, Township 13
North, Range 18 East, W M., 102 00 feet thence North 0 °18' East, 30 00 feet;
thence South 89 °42' East to a point on the East line of the West 110 feet of said
Lot 9 and terminus of the line, herein described.
AND EXCEPT that portion conveyed to Yakima County by Deed recorded under
Auditor's File No. 2316418 and under Auditor's File No 2315892
(referred to below as "the Subject Property ")
and Class 2 review of a drive through bank facility and Class 2 review of a planned
residential development for 26 housing units; and
WHEREAS, as a result of that hearing and review of the pertinent record, the
Hearing Examiner recommended to the City Council that, subject to certain 0
conditions, the requested rezones and Class 2 approvals be granted, and
WHEREAS, the Subject Property is suitable for uses permitted in the R -2 an B -1
Districts, that any problems with neighborhood compatibility can be resolved, that
there exists a public need for the proposed rezones, and that the proposed rezones
and Class 2 approvals as recommended subject to conditions by the Hearing Examiner
are consistent with the requirements and considerations set forth in. Yakima
Municipal Code Chapter 15 23 and comply with the goals and policies of the Yakima
Urban Area Comprehensive Plan and with the intent of the Yakima Urban Area
Zoning Ordinance and other applicable land use controls; and,
WHEREAS, the best interests of the City of Yakima would be advanced by
rezoning the Subject Property and providing the Class 2 approvals subject to
conditions as recommended by the Hearing Examiner, 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
0
from Single Family Residential (R -1) to a combination of Professional Business (B -1)
and Two Family Residential (R -2) of approximately 6 1 acres located at on the north
side of Summitview Avenue between North 61st and North 63rd Avenues in Yakima,
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UAZO RZ #9 -94 / HUNTER
REZONE ORDINANCE — Page 2
• Washington, comprised of Yakima County Assessor's Parcels #181321- 23511, 23512,
23435, 23436, 23437, 23438, 23439, and 23460, and legally described as:
jB -1 PROPERTY ].
Lots 1, 2, 3 and 13 of KEITH'S 63RD AVENUE ADDITION, as recorded in Volume "Q'
of Plats, Page 6, Records of Yakima County, Washington.
EXCEPT the South 10 feet conveyed to Yakima County for road by Deed recorded
under Auditor's File Number 2310200
AND EXCEPT the North 2 feet of said Lot 3
AND
That part of the West 110 feet of Lot 9, and that part of Lot 10 of HUXTABLE
MODEL ORCHARD TRACTS, as recorded in Volume "E" of Plats, Page 41, Records of
Yakima County, Washington, lying Easterly of the Plat of KEITH'S 63RD AVENUE
ADDITION and lying Southerly of the following described line:
Beginning at the Southeast corner of Lot 12, of the Plat of KEITH'S 63RD
AVENUE ADDITION as recorded in Volume "Q' of Plats, Page 6, Records of
Yakima County, Washington. thence South 89 °42' East, reference beginning
parallel to the South line of the Northwest Quarter of Section 21, Township 13
• North, Range 18 East, W M., 102 00 feet thence North 0 °18' East, 30 00 feet;
thence South 89 °42' East, 85 00 feet; thence South 0 °18' West, 30 00 feet; thence
South 89 °42' East to a point on the East line of the West 110 feet of said Lot 9 and
terminus of the line, herein described.
AND EXCEPT that portion conveyed to Yakima County by Deed recorded under
Auditor's File No 2316418 and under Auditor's File No. 2315892
AND
jR -2 PROPERTY]
That part of the West 110 feet of Lot 9, and that part of Lot 10 of HUXTABLE
MODEL ORCHARD TRACTS, as recorded in Volume "E" of Plats, Page 41, Records of
Yakima County, Washington, lying Easterly of the Plat of KEITH'S 63RD AVENUE
ADDITION
EXCEPT that portion thereof lying Southerly of the following described line:
Beginning at the Southeast corner of Lot 12, of the Plat of KEITH'S 63RD
AVENUE ADDITION as recorded in Volume "Q' of Plats, Page 6, Records of
Yakima County, Washington, thence South 89 °42' East, reference beginning
parallel to the South line of the Northwest Quarter of Section 21, Township 13
North, Range 18 East, W.M., 102 00 feet thence North 0 °18' East, 30 00 feet;
thence South 89 °42' East to a point on the East line of the West 110 feet of said
Lot 9 and terminus of the line, herein described.
III AND EXCEPT that portion conveyed to Yakima County by Deed recorded under
Auditor's File No. 2316418 and under Auditor's File No. 2315892
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UAZO RZ #9-94 / HUNTER
REZONE ORDINANCE — Page 3
(referred to below as "the Subject Property")
•
and recommending Class 2 approval of a drive - through bank facility and of a
planned residential development for 26 housing units is hereby affirmed.
Section 2 The Yakima City Council hereby adopts the findings and
conclusions, including the conditions stated on pages 14 through 16 of the Examiner's
Recommendation, contained in the Hearing Examiner's Recommendation, Examiner's
No I94- 12 -40, City No UAZO RZ #9 -94, a true copy of which Examiner's
Recommendation is attached to this ordinance as Exhibit "A" and incorporated by
reference herein.
Section 3 The City Council formally finds that, subject to the conditions stated
on pages 14 through 16 of the Examiner's Recommendation, the Subject Property is
suitable for uses permitted in the R -2 an B -1 Districts; that any problems with
neighborhood compatibility can be resolved, that there exists a public need for the
proposed rezones, and that the proposed rezones, as recommended subject to
conditions stated by the Hearing Examiner, are consistent with the requirements and
considerations set forth in Yakima Municipal Code Chapter 15 23 and comply with the
goals and policies of the Yakima Urban Area Comprehensive Plan and with the intent
of the Yakima Urban Area Zoning Ordinance and other applicable land use controls.
The Subject Property shall be rezoned to shall be rezoned to a combination of
Professional Business (B -1) and Two Family Residential (R -2) and the conditions set
forth on pages 14 through 16 of the Examiner's Recommendation are incorporated as
if fully set forth and are hereby adopted as conditions precedent to the rezones.
Section 4 The Official Yakima Urban Area Zoning Map within the City of
Yakima shall be amended to correspond to the rezones ordained by Section 3
Section 5 The decision of the Hearing Examiner recommending Class 2
approvals of the drive - through bank facility and of the planned residential
development, subject to several conditions, is hereby affirmed, and the conditions set
forth on pages 14 through 16 of the Examiner's Recommendation are incorporated as
if fully set forth and are hereby adopted as conditions precedent to the Class 2
approvals Upon satisfaction of all of the conditions precedent, the Director of
Community and Economic Development shall execute a written instrument certifying
that all of the conditions have been satisfied and that the Class 2 approvals provided
for herein have become effective; and
Section 6 The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
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UAZO RZ #9 -94 / HUNTER
REZONE ORDINANCE — Page 4
Section 7 Subject to the foregoing provisions, 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 �, ��`, day of
Vo c o Nr-.ND P,+l , 1994
geLit
ATTEST Mayor
City Clerk
Publication Date: \'.
Effective Date: \-9) - ° 15
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UAZO RZ #9 -94 / HUNTER
REZONE ORDINANCE -- Page 5
4 11 0
Master Application by ) EXAMINER'S RECOMMENDATION
)
D. Loyd Hunter ) City No. UAZO RZ 49 -94
)
) EXAMINER NO. 294 -12 -40
for a Rezone and Class )
2 Review at 62nd and )
Bummitview )
The Examiner conducted a public hearing on September 8, 1994.
The staff report presented by Joan Davenport recommended approval
subject to a number of conditions. There was substantial
testimony, both pro and con, concerning the proposal. The Examiner
inspected the property prior to the hearing.
SUMMARY OF DECISION. The Examiner recommends approval.
III 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:
FINDINGS
1. Applicant D. Loyd Hunter.
2. pocation. Approximately 6.1 acres on the north side
of Summitview Avenue, between North 61st and North 63rd Avenues.
Eight parcels are involved, assessor's numbers,181321- 23511, 23512,
23435, 23436, 23437, 23438, 23439, and 23460.
The legal description is attached to the application and
incorporated herein by reference.
3. Application. Master application for two rezones, and
Class 2 review of a drive - through bank facility and a planned
III residential development.
EXAMINER'S RECOMMENDATION - 1
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REZONE ORDINANCE -- EXHIBIT A cm AND COUNTY of YAKMA
POST OFFICE BOX a
YAKMA WASHINGTON 98907
M09)248-0706
4. proposed Sones. The proposed zones are Professional
Business (B -1) and Two Family Residential (R -2).
S. proposed Uses. The R -2 rezone constitutes
approximately 2.82 acres on the north side of the parcel, and is
subject to Class 2 review for a planned residential development
consisting of 13 duplexes (26 housing units).
The B -1 rezone involves approximately 3.28 acres fronting
on Summitview Avenue, with Class 2 review for a drive - through bank
facility. Remaining development of the B -1 property will be as
permitted under B -1 zoning.
6. Current Zoning and Use This area is currently zoned
Single Family Residential (R -1) and consists of eight parcels.
These 8 parcels have previously been merged into 4 through short
plat exemption number 11 -93. Apparently new parcel numbers have
not yet been assigned by the County Assessor to the four newly
configured lots. The map marked Exhibit IV shows the proposed
configuration, and is attached and incorporated herein by
reference.
Adjacent properties have the following characteristics:
Location gxistina Land Use
North R -1 Residential
East R -1 Church
West R -1 Residential
South R -1 Residential
7. Project Description.
7.1 Residential. The R -2 portion will consist of one
lot containing 13 duplexes. This will probably be condominiumized
in the future by Mr. Hunter. The access will be from Summitview
through the business frontage, with a looped private road serving
the duplex units. The perimeter units, on the west and north, will
be single story. The interior units, 7 through 13, may be two -
story. The single -story perimeter units are in response to
concerns in the neighborhood about having two -story housing
immediately adjacent to the existing single -story neighborhood.
EXAMINER'S RECOMMENDATION - 2
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REZONE ORDINANCE -- DCHIBIT A cm POST OFFICE OF 4 K A
YAKNtA. WASHINGTON 98907
1509) 248 -0706
The west, north and east sides of th e residential development will
be fenced with 6 foot high slatted cyclone fence and pyramidal
arborvitae.
The looped private street will be 32 feet wide. A 6 foot
wide bike and pedestrian walk will be provided from the northeast
corner of the looped street to 61st Avenue. A similar walk will be
provided from the southwest corner to 63rd Avenue. The residential
portion will be serviced by a sidewalk on the east side of the
business portion, running south to Summitview.
The units will typically most likely be two bedroom, with
tandem parking provided in the garage and driveway. Each unit
meets the parking standards of the zoning ordinance, as well as the
impervious lot coverage requirement of no more than 50 percent.
Locating up to 13 duplexes on one lot constitutes a
Planned Residential Development, which is a Class 2 use in the R -2
zone.
7.2 Business. The S -2 project is about 3.28 acres. It
all fronts on Summitview between North 63rd Avenue to the west and
the western boundary of Westminster Presbyterian Church at 61st
Avenue to the east. If these rezones are approved, the frontage on
Summitview is likely to be carved into 4 lots, as reflected on the
site plan which is adopted and incorporated herein by reference.
The mechanism for creating these four lots plus the residential lot
is not under review. It could consist either of a short plat or a
re- establishment of the prior 8 lots, after which a short
subdivision exemption would be processed to create a total of 5 ,
lots out of the original 8. In any event, the only relevance to
this proceeding is that access and design conditions of approval
should be framed to accommodate future lot division.
All vehicle access for the entire project will occur from
Summitview Avenue, a four lane arterial. As reflected on the site
plan, a three lane driveway will be provided near the crest of the
hill on Summitview, approximately in the center of the property
IIII frontage. In order to accommodate turning movements, Mr. Hunter
proposes installation of a center turn lane on Summitview Avenue,
EXAMINER'S RECOMMENDATION - 3
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UAZO RZ #9 -94 / HUNTER FOR THE
Cm AND COUNTY OF YAKIMA
REZONE ORDINANCE -- EXHIBIT A PCST OFFICE BOX A
YAKMA. WASH I G TON '9890
..ie, ,AYL17[Y
running basically from North 63rd Avenue east across this frontage
and the church frontage and joining with the existing turn lane
servicing the ShopKo property. The design for the Summitview
improvements would be consistent with the existing lane lengths,
consisting of twelve foot wide outside lanes, ten foot wide inside
lanes, and a ten foot wide center turn lane. The existing sidewalk
on the north side of Summitview will be moved north and
reconstructed to a seven foot width.
Street right -of -way is adequate. Summitview has a total
of 75 feet of right -of -way, consisting of paved surface, curbs,
gutters, and a five foot sidewalk on the north side. The existing
sidewalk on the south side would remain unchanged. All
improvements to Summitview would be made at the applicant's
expense.
There is a possibility that an emergency access might be
provided for emergency vehicles at the southeast corner of the
property, with a curb cut into Summitview and crash gates. This
will depend upon design requirements imposed by the City. This
access would not be available to the general public.
Potential uses in the B -1 zone are fairly limited, as
reflected by the uses permitted by Table 4 -1 in the zoning
ordinance. The B -1 zone is typically an office zone, with little
retail permitted. The traffic impact of office and bank -type uses
are significantly less than for the retail uses more typical of
business zones which have previously been proposed.
Traffic projections by both the City and the applicant's
experts differ to some extent on the number of additional trips
generated by this entire project, but all agree that the
installation of a full length left turn lane connecting to the
existing left turn lane at ShopKo is adequate to mitigate the
increased traffic. The City's analysis suggests an additional
total trip ends of 2,180 per day; currently Summitview Avenue has
traffic counts of approximately 14,000 vehicle trips per day.
Adding a turn lane increases carrying capacity about twenty -five
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
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UAZO RZ #9 -94 / HUNTER Cm AND COUNTY OF YAKIMA
POST OFFICE BOX 4
REZONE ORDINANCE -- EXHIBIT A Yucca osT OFFICE 80 98907
(509) 248 -0706
I
1111
percent, substantially more than the capacity likely to be utilized
by this project.
8. Zoning Ordinance Criteria.
6.1 Teetimonv. Consideration of the testimony
requires appreciation that this is the third hearing that neighbors
have endured in the last year concerning this project. As the
project has evolved, so has the testimony. The first two proposals
contemplated a similar division between residential and business
uses, and proposed B -2 zoning for the Summitview frontage. The
broad range of commercial and retail uses permitted in the B -2 zone
prompted any concerns from the neighborhood. The original
residential proposals also prompted concerns because of uncertainty
as to the height and layout of the housing. The first two
proposals also generated a substantial concern about handling
traffic and the impact on Summitview. The second proposal was more
responsive to neighborhood concerns than the first proposal. This
current proposal is far more responsive to a variety of concerns,
which is reflected in the testimony at this hearing.
The original opposition by the neighbors north of this
project, on 61st and 63rd, has been dealt with. They originally
were concerned about inadequate access to 61st, possible use of
63rd, and the design of the housing units. This proposal squarely
meets and satisfies their concerns. The neighbors north of
Summitview now are almost uniformly in favor of the current
proposal. Providing vehicular access solely to Summitview,
limiting perimeter housing to one story, avoiding running a road on
the perimeter of the housing portion of this property, and
providing fencing and sitescreening has responded to their
concerns.
There is still substantial opposition amongst the
residents south of Summitview, primarily centered on East and West
Shamrock Drives. The most vocal opposition comes from residents
with houses either on or very close to Summitview. The opposition
is not united however, as a number of individuals from the Shamrock
neighborhood testified in favor of the proposal.
EXAMINER'S RECOMMENDATION - 5
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UAZO RZ #9 -94 /HUNTER Cm AND COUNTY OF YAKMA
REZONE ORDINANCE — EXHIBIT A POST OFFICE BOX a
VAX MA. WASHINGTON 9e907
The opposition concerns relate to traffic, the impact of •
business, including office, activities on a residential
neighborhood, and the potential for further commercial development
along Summitview in the future, including the vacant property south
of Summitview and west of this project. Related issues deal with
noise, lighting, odors, and crime and vandalism.
Several of the neighbors hang their hat on a comment made
by Glenn Rice several years ago, to the effect that ShopKo
represented the westward limit of commercial development along
Summitview.
This proposal is as responsive to neighborhood concerns
as any proposal can be which incorporates an element of business
zoning.
8.2 Suitability of the property. Geographically, this
property is suitable for any of the proposed uses permitted by the
various zones. The traffic impact of those proposed uses is well
mitigated by the improvements to Summitview Avenue.
8.3 Agency Recommendations. Yakima County, in a recent
letter from its Public Works Department, concurs in this proposal.
The City Planning Division recommends approval. The proposed
improvements to Summitview have been subject to considerable
technical review, which is dealt with below concerning the adequacy
of public facilities.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance. Mr. Hunter's second proposal squarely presented the
philosophical issue to this Council of when and to what extent
commercial development should be allowed to string along Summitview
Avenue to the west. This Examiner's prior recommendation to the
Council was that based upon that proposal it made sense to draw the
line at ShopKo. The Council concurred, leading to this new
application.
This recommendation is for approval, because of
significant differences between this proposal and the prior ones.
The uses permitted in the 8 -1 zone are far more limited 4110
than in other business zones. Late hour and weekend operation of
EXAMINER'S RECOMMENDATION - 6
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FOR THE
UAZO RZ #9 -94 / HUNTER cm ANO COUNTY of TAKMA
REZONE ORDINANCE - EXHIBIT A PosT oFFCE eoX `
YAKMA. WASHINGTON 98907
M09)248-0706
t ,
r .
410 retail businesses is generally discouraged. Most of the uses
permitted outright are office -type normal weekday activities.
These uses are far more compatible with residential neighborhoods
than fast food outlets and 24 -hour convenience stores. The
compatibility issue is the single most important factor in finding
that this proposal is consistent with the comprehensive plan and
zoning ordinance. There will necessarily be an impact on the
neighborhood by this development. The question is whether the
impact of this proposal will be much different from full
development as permitted under the existing R -1 zoning. It is
probable that this project will have significantly less impact than
that which would result from rezoning this property to two - family
residential and developing it to its maximum potential permitted in
R -2. If commercial development is precluded here, the shortage of
R -2 and R -3 land in this community would raise the pressure for
that type of project here.
1111 The comprehensive plan contains a number of objectives to
govern decision making. These include the desirability of
providing public services in an economically responsible fashion,
considering compatibility with existing uses, and maintaining
predictability in land use decisions while nevertheless retaining
flexibility to deal with market demand and individual situations.
(Plan, OLU -2). More specifically, moderate density residential
development is generally considered to be compatible with low
density residential development, and professional business or B -1
development is typically allowed adjacent to R -2 development, if
compatibility issues can be resolved. (Plan, OLU -15, 16, and 13).
Summitview Blvd. as a four or five lane arterial is
already busy, and provides substantial separation between the
residential neighborhoods on the south and this project on the
north. The impact of Summitview and its increasing traffic stream
on the Shamrock neighborhood is far more significant than this
project or the traffic generated by this project. The proposed
4111 site plan showing landscaping and substantial building setbacks north of � 9 Summitview, together with the controls typically placed on
EXAMINER'S RECOMMENDATION - 7
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UAZO RZ #9 -94 / HUNTER FOR THE
REZONE ORDINANCE -- EXHIBIT A CITE' AND COUNTY OF YAKMA
POST OFFICE Sox 4
YAKIKM. WASHINGTON 98907
(509) 2484706
lighting, will further mitigate the impact of this project on
Shamrock residents.
The general objectives of the comprehensive plan are
echoed in the Urban Area. Zoning Ordinance. The R -2 zone typically
consists of single family dwellings and duplexes, with density
generally ranging from 7 to 12 dwelling units per net residential
acre. The zone is located in areas receiving a full range of
public services. YMC 15.03.030(3).
The Professional Business or B -1 zone is intended to
provide a buffer between commercial clusters, such as the complex
at 56th and Summitview, and residential neighborhoods. It also is
intended to locate professional offices in areas currently
receiving a full range of urban services. (YMC 15.03.030(5)).
Decisions made under the zoning ordinance are intended to
accomplish a number of goals, including location of various uses
where they are compatible with existing land uses, encouraging
development where adequate public services are already provided, III
and encouraging innovative site design. (YMC 15.01.030). This
site plan, due to the common ownership of a number of parcels,
allows development of this project in a way which will be more
consistent and integrated than random individual development of the
various parcels. This integrated development theme also helps to
protect the existing neighborhoods and their property values from
any adverse impact of this project, which is another goal of the
zoning ordinance reflected in YMC 15.01.030. This integrated
development also allows comprehensive improvements to Summitview
Avenue at private expense, which will serve to benefit not only
this project but other users of Summitview. Currently, turning
movements out of Shamrock, both East and West, are very difficult.
Providing a left turn lane will benefit them as much as it will
this project. This is consistent with the llth goal in YMC
15.01.030, which involves reducing traffic danger and congestion on
roads.
8.5 Ade uacv of Public Facilities. The improvements 0
contemplated for Summitview Avenue have already been described.
EXAMINER'S RECOMMENDATION - 8
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FOR THE
UAZO RZ #9 -94 / HUNTER CITY AND F OR TH OF rAKMA
REZONE ORDINANCE - EXHIBIT A POST OFFICE Sox 4
YAKMA. WASHINGTON 90907
(S09)248-0706
• Those improvements should be made with consideration given to q
revising and maintaining the existing stormwater drainage system.
In addition, the access from Summitview to this project should be
built with a long throat, approximately 100 to 150 feet, in order
to provide adequate vehicle storage while reducing conflicts within
the driveway for cars entering and leaving Summitview.
Water is available from the Nob Hill Water District.
Sewer service will require extension of the eight inch main from
Shamrock Lane across Summitview to North 63rd Avenue. The sewer
main in Summitview could probably be placed north of the new
sidewalk so that Summitview does not need to be ripped up as much.
These are all technical issues which can be resolved as the project
progresses. With the contemplated improvements to Summitview, all
public facilities will be adequate.
8.6 Compatibility. The compatibility issue has been
addressed above, most specifically in Section 8.4. Consistent in
0 both the comprehensive plan and the zoning ordinance is the theme
that development should progress from zone to zone in such a way
that a buffering system occurs. In other words, the office uses of
a B -1 zone are more appropriate next to residential zones than the
more intense uses of other business zones. Here, the single family
neighborhoods to the north are buffered by R -2, then B -1. The
housing south of Summitview is buffered by the arterial and then
the B -1. This project will fully develop this immediate area,
resulting in no immediate impact on these neighborhoods from more
intense commercial uses.
8.7 public Need. Substantial testimony was submitted by
a number of land development professionals, realtors, and citizens
concerning the need for both office space and R -2 units on the west
side of Yakima. Review of the zoning map itself, in conjunction
with the City's index of developed properties, reveals very little
B -1 zoned land in Yakima, and very little of that is undeveloped.
Review of recent land use decisions in the last few years reflects
4110 significant market pressure for B -1 office space on the west side.
A number of medical clinics, for instance, have rapidly been built
EXAMINER'S RECOMMENDATION - 9
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R TH
UAZO RZ #9 -94 / HUNTER cm AND FOR THE OF YAKMA
REZONE ORDINANCE -- EXHIBIT A POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
and occupied aft er B -1 zonin g was approved on or west of 40th
Avenue.
The evidence also supports finding that this property is
not desirable for R -1 development. The last five years in Yakima
have seen a substantial number of R -1 subdivisions approved in the
West Valley. Since adoption of the Urban Area Zoning Ordinance in
1986, not a single proposal has surfaced for R -1 development on
this parcel, which nevertheless is large, has excellent arterial
access, and is serviced by all utilities. Both the zoning
ordinance and the comprehensive plan recognize that market demand
is an important element in land use and land development. From a
government perspective, any municipality is necessarily concerned
that the public services it provides be done so in a cost effective
manner. The municipality's citizens are also concerned that any
land uses or development projects permitted by the City are a
logical extension of existing development patterns, and do not
4 10
abruptly change the character of their neighborhood or adversely
affect their property values. This project is intended to be
responsive to that market demand as well as being consistent with
municipal and citizen concerns. The market has changed since this
property was originally zoned R -1, and a public need does exist for
additional office and two - family residential property in this area.
9. Class 2 Review. Two elements of this application are
subject to Class 2 review, the Planned Residential Development and
the drive - through bank facility.
9.1 Planned Residential Development The ordinance
defines Planned Residential Development as meaning, in.residential
zones, coordinated development of a single lot of 12,000 square
feet or more with three or more residential units. The project is
to be designed to maintain the character of the residential
neighborhood, provide compatibility between various types of
dwelling units, provide off street parking, and to share site
amenities such as parking, access, and open space. The definition
includes clustering of residential units on a single lot. (YMC
15.02.20, Definitions, "Development, Planned Residential ").
EXAMINER'S RECOMMENDATION - 10
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UAZO RZ #9 -94 / HUNTER cm AND FORNTY or YAKMAA
REZONE ORDINANCE - EXHIBIT A POST OFFICE BOX A
} YAKMA. WASHINGTON 98907
(509J 248-0706
4110 Planned Residential Developments, are a Class 2 use in the
B -1 zone. (YMC Chapter 15.04, Table 4 -1). As a Class 2 use, it is
subject to Class 2 review. Because this is a master application,
everything is subject to review by the Hearing Examiner in a public
hearing, resulting in a recommendation to the Council.
Class 2 uses are generally permitted in the given zone.
However, the compatibility of the proposed use cannot be determined
in advance, and occasionally may be incompatible at a particular
location. Class 2 review is therefore required in order to promote
compatibility with the purpose of the B -1 zone and the objectives
and development criteria of the comprehensive plan. (YMC
15.04.020(2)).
This proposal meets all of the development criteria for
residential uses in the R -2 zone, including a maximum impervious
lot coverage limitation of 50 percent, a height limitation of 35
feet, and building setbacks from property lines. (YMC Chapter
4 11 0
15.05, Table 5 -1, Design Requirements and Standards).
For the reasons set forth above, in the rezone analysis,
this Planned Residential Development is compatible with the
existing neighborhood and complies with both the comprehensive plan
and the zoning ordinance.
9.2 Banking Drive-Through Facility. A drive - through
bank is a Class 2 use in the B -1 zone. (YMC Chapter 15.04, Table
4 -1). The only reason for the Class 2 review is to deal with the
drive through lanes and their impact on adjoining land uses and
traffic patterns.
The proposed bank is intended to be located in the
southeast corner of the B -1 site. The church will be to the east,
some sort of undefined office building to the west, and the
proposed residential development to the north. Summitview Avenue
is south, with single family residences across the street.
The bank itself is expected to be about 6,150 square feet
in size. This would require one parking space per 200 square feet
4110 of floor area, resulting in approximately 30 required parking
spaces. Issues concerning the actual building size and required
EXAMINER'S RECOMMENDATION - 11
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UAZO RZ #9-94 /HUNTER CITY AND CO O uNTY of YAxIMA
REZONE ORDINANCE -- EXHIBIT A PosT OFFICE BOX a
^ !Y AX . idA wASHNGTON 98907
moll) 248 -07o6
parking are not necessarily determined at this point. The only
issue is whether a drive -in facility for a financial institution
creates compatibility problems at this location.
The drive through is intended to be one or more lanes,
with an outside lane for site circulation. It vill be over 100
feet from the closest residential unit in this project. As
proposed the stacking lanes appear adequate in length to store cars
waiting to move through the drive through, and the circulation
pattern allows for orderly vehicular movement through the site.
Landscaping is reflected on the site plan which will be adequate to
shield headlight glare from adjacent residences. Detailed
specifics of the proposal will be analyzed in conjunction with the
building permit, and may result in modifications to eliminate
conflicts between parked cars and those using the facility.
So long as the drive through facility is located and
designed as generally reflected on the proposed site plan, it
clearly is compatible and does not require further Class 2 review
when a building permit is issued.
9.3 Timing Issues. The site plan reflects a number of
improvements which are important in maintaining the compatibility
and the integrated theme of this development. These include the
joint access for both the residential and business portions to
Summitview, shared parking for the various B -1 uses, and a
comprehensive landscaping and improvement scheme along not only
Summitview but the remaining perimeter of the property.
Coordination of the timing of these improvements, including those
for Summitview Avenue, needs to be dealt with. These issues deal
both with the rezone and the Class 2 aspect of this application,
are critical to approving both the rezones and the specific
contemplated developments, but are dealt with here as part of the
Class 2 review.
The entire project should be deemed subject to the
conditions of approval set forth below in the recommendation. The
approach taken here is to unconditionally recommend approval of
both rezones, and then to conditionally approve, as part of the
EXAMINER'S RECOMMENDATION - 12
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UAZO RZ #9 -94 / HUNTER cm AND COUNTY of vAKMA FOR THE
REZONE ORDINANCE - EXHIBIT A POST OFFICE BOX C
YAK MA. WASHINGTON 9890
3
. ,
Class 2 review, the proposed osed development scheme. For instance, the
improvements to Summitview Avenue, including providing the left
turn lane and widening the street, should be dealt with similarly
to requirements imposed for plat approval. The provisions for
establishing a bond or cash escrow to cover these improvements
could be available here, requiring only that the improvements be in
place prior to issuance of certificates of occupancy concerning any
buildings in this project. The same approach should apply for the
perimeter improvements concerning the fencing and landscaping on
the residential portion, and concerning the on site frontage
improvements along Summitview, including the driveway.
One of the conditions of approval is that the residential
project be on one parcel, but share access, via an easement or some
other instrument, across the business portion to Summitview. The
details of that can be worked out when the applicant does the
survey work to create his lots, with the accompanying short plat or
410 other applicable process. At that point the appropriate access and
parking easements, as well as maintenance and operation agreements
for both the residential and business aspects of the project, can
be ironed out, consistent with these conditions of approval.
10. State Environmental Policv Act. The City issued a
Mitigated Determination of Non - significance on August 22, 1994.
The MDNS was not appealed by either the applicant or any other
individual. Mitigating conditions require improvement of
Summitview Avenue with a center turning lane from the existing turn
lane at ShopKo to the west boundary of the proposed rezone near
63rd Avenue. This requires removal and reinstallation of curb,
gutter, and sidewalk as well as all work necessary to reconnect the
street storm drains and other affected utilities.
The second mitigation measure restricts this property to
a single commercial access onto Summitview Avenue. The specific
location and design will be approved by the City. No vehicular
traffic will be allowed to enter or exist this site using North
63rd Avenue to the west or North 61st Avenue to the north.
III
EXAMINER'S RECOMMENDATION - 13
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UAZO RZ #9 -94 / HUNTER FOR THE
CRT AND COUNTY OF YAKNA
3 REZONE ORDINANCE — EXHIBIT A POST OFFICE BOx a
YAKPAA. WASHINGTON 98907
(S09) 268 -0706
•
The SEPA review covered the rezones as well as the
construction of the 26th housing units and the bank.
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.
2. The proposed master application conforms to the goals and
policies of 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 R -2 and B -1 Districts; any
problems with neighborhood compatibility can be resolved; 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:
RECOMMENDATION
Approve this master application as follows:
A. Approve the R -2 and B -1 rezones.
B. Approve the Class 2 application for the Planned
Residential Development and the bank drive through facility,
subject to the following conditions. These conditions shall run
with the land and shall apply to the entire acreage involved,
regardless of any subsequent changes in lot lines or the
configuration or number of lots or parcels:
1. Summitview Avenue shall be improved by the applicant
as follows:
a) Installation of a center turning lane from the
existing improved lanes at ShopKo to the westerly boundary of the
proposed rezone at North 63rd Avenue. This requires removal and
reinstallation of curb, gutter, seven foot wide sidewalk, and
streetlights, as well as all work necessary to reconnect the street
EXAMINER'S RECOMMENDATION - 14
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FOR THE
UAZO RZ #9 -94 / HUNTER Cm AND COUNTY of YAKMA
REZONE ORDINANCE - E)CHIBIT A POST OFFICE BOX 4
YAKMA WASHINGTON 943907
. .
• utilities. The existing lane
storm drains and other affected
widths in effect on Summitview shall be continued, consistent with
the existing format on the ShopKo frontage. Appropriate provisions
will be required for any improvements to the canal between the
church and ShopKo, and will require approval of those improvements
from the Yakima Canal Company.
b) Commercial Access. The throat shall consist of
three lanes, be at least 100 to 150 feet long, with a curb cut
appropriate to the width of the throat, all as approved by the
Director of Public Works.
c) Appropriate documents shall be recorded
granting reciprocal nonexclusive access to all parcels created
within this project, sharing a common access to Summitview, and
providing access to the entire B -1 portion as well as access to the
R -2 portion. These instruments shall also deal with reciprocal
parking for activities within the B -1 portion of the project, and
shall refer to maintenance and operation agreements which shall be
required for the common areas of both the R -2 and B -1 portions of
the project. The specifics of these instruments shall be
determined when the parcels are replatted or otherwise reconfigured
as to property lines, and shall be accompanied by a survey
accurately depicting the location of access easements, gtc_.
d) A utilities distribution plan shall be required
in conjunction with the first application for a building permit
within each of the R -2 and B -1 zones.
•) All public utility improvements including
drainage, water, and sewer main extensions shall be designed by a
licensed civil engineer and approved by the City Engineer's Office.
f) On -site drainage for parking lots and private
roads shall be required in conformance with City standards.
g) All roadways, including parking areas within
the B -1 portion, will be privately owned and constructed to
standards specified by the City Engineer.
III h) Site identification and numbering of
residential units shall be clearly visible from the main access
EXAMINER'S RECOMMENDATION - 15
HEARING EXAMINER
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UAZO RZ #9 -94 / HUNTER cm AND COUNTY OF YAKIMA
POST OFFICE BOX a
REZONE ORDINANCE -- EXHIBIT A YAKI.IA. WASHINGTON 9e907
dri ve , in order to facilitate emergency vehicular access. 40
i) All signs shall comply with the applicable sign
code divisions for the B -1 and R -2 zones.
j) All exterior lighting will be shielded to avoid
directing unnecessary light onto adjoining residential properties.
k) All parcels comprising the R -2 portion will be
merged into one parcel.
1) Final site plans for the Planned Residential
Development and the drive - through bank shall substantially conform
to the site plan as submitted by the City of Yakima, as revised
August 16, 1994. All development shall conform to all applicable
zoning ordinance development standards.
m) Improvements to Summitview Avenue shall be
completed, or bonded or escrowed for, prior to issuance of any
building permits. The Summitview Avenue improvements shall be
completed prior to issuance of a certificate of occupancy for any
building in either part of this project. The perimeter
improvements as reflected on the site plan shall be completed as to
the R -2 portion prior to any certificate of occupancy issued for a
building in the R -2 portion. A similar requirement is imposed for
perimeter improvements on the B -1 portion, which shall be completed
prior to issuance of a certificate of occupancy for any building in
the B -1 zone.
n) These conditions of approval shall run with the
land and shall apply to all portions of the project regardless of
how it may be platted or replatted in the future.
If Respectfully submitted this day of October, 1994.
i h EA-A-L
PHILIP A. edd
Hearing Examiner
EXAMINER'S RECOMMENDATION - 16
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R
UAZO R FOR THE
Z #9 -94 / HUNTER Cm ANO C.OUNTY TM of YAKIMA
REZONE ORDINANCE - EXHIBIT A POST OFFICE BOX 4
YAKMA WASHINGTON 98907
(809) 248 -0706
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7 ONE ORDINANCE — EXHIBIT A NO. 61ST AV