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HomeMy WebLinkAbout1994-073 Rezoning 906 N. 20th Avenue ORDINANCE NO. 94- 9 3 • AN ORDINANCE rezoning property located at 906 N. 20th Avenue in Yakima, Washington from Single Family Residential (R -1) to Central Business District Support (CBDS) and amending the zoning map of the Yakima Urban Area accordingly. WHEREAS, on August 25, 1994, the Hearing Examiner held a public hearing on the application (UAZO RZ #7 -94) submitted by Carol M. Chauvin, pursuant to her Power of Attorney for Lena M. Couch, requesting amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Single Family Residential (R -1) to Central Business District Support (CBDS) of property located at 906 N 20th Avenue in Yakima, Washington, comprised of Yakima County Assessor's Parcel #181324 - 42428, and legally described as: Lot 18, the Luke Powell subdivision, except East 5 feet to County for right -of- way (referred to below as "the Subject Property") and WHEREAS, as a result of that hearing and review of the pertinent record, the 0 Hearing Examiner recommended to the City Council that the rezone be granted; and WHEREAS, the City Council formally finds that the proposed rezone as recommended by the Hearing Examiner is consistent with the requirements and considerations set forth in Yakima Municipal Code Chapter 15.23 and complies 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 as proposed, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 The decision of the Hearing Examiner recommending the rezone from Single Family Residential (R -1) to Central Business District Support (CBDS) of property located at 906 N. 20th Avenue in Yakima, Washington, comprised of Yakima County Assessor's Parcel # 181324 - 42428, and legally described as: Lot 18, the Luke Powell subdivision, except East 5 feet to County for right -of- w III ay lap /zoning /rezones /ord - couch 11/10/94 9:23 AM UAZO RZ #7 -94 / COUCH REZONE ORDINANCE — Page 1 is hereby affirmed. The Subject Property shall be rezoned to Central Business District Support (CBDS) • Section Z The Official Yakima Urban Area Zoning Map within the City of Yakima shall be amended to correspond to the rezone ordained by Section 1. Section 3 The Yakima City Council hereby adopts the findings and conclusions pertaining to this application contained in the Hearing Examiner's Recommendation, Examiner's No. 194 -2 -38, City No.: Rezone [UAZO RZ] #7 -94, a true copy of which Recommendation is attached hereto as Exhibit "A" and incorporated by reference herein. Section 4 The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section S 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 1QW O Y , 1994 • (;)/-e ATTEST Mayor City Clerk Publication Date: \ \ - \V, - qy Effective Date: \a -\c O \ \\ 411 lap /zoning /rezones /ord - couch 11/10/94 9:23 AM UAZO RZ #7 -94 / COUCH REZONE ORDINANCE -- Page 2 III ISSUED: SEPTEMBER 23, 1994 Rezone Application by ) EXAMINER'S RECOMMENDATION ) Lena M. Couch ) City No: Rezone #7 -94 for 906 North 20th Ave., ) Examiner No. I94 -2 -38 from R -1 to CBDS ) The Examiner conducted a public hearing on August 25, 1994. The staff report presented by Dan Valoff recommended approval subject to a number of improvements. There was no opposition to the rezone. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval. 4111 From the view of the site, the matters contained in the o fficial 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. The applicant is Lena Couch, who owns the property. She has executed a durable power of attorney authorizing Carol Chauvin to appear on her behalf. The power of attorney is dated March 19, 1991, and is part of the record. It was prepared by Ms. Couch's attorney, Debra Culpepper. 2. Location. The property is located at 906 North 20th Avenue, assessor's parcel number 181314 - 42428. The legal description is set forth in the application, incorporated herein by reference. 3. Application. Rezone. 1111 4. Proposed Zone. Central Business District Support (CBDS). EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE lap /zoning /rezones /ord - couch 11/10/94 9:23 AM CITY AND COUNTY OF YAKIMA UAZO RZ #7 -94 / COUCH POST OFFICE BOX 4 REZONE ORDINANCE - EXHIBIT A YAKIMA 0A 8- 07069e907 S. Current Zoning and Use. 1111 The subject property is zoned R -1, Single - Family Residential. The property is currently undeveloped. Land use and zoning on adjacent properties is as follows: .,ocation Zoning Existing Land Use North R -1 Single family residential East CBDS Auto dealer /motorcycle salvage yard South CBDS Auto dealer West CBDS Vacant single family residence 6. Project Description. Ms. Couch is in a nursing home, has been selling off property to fund her care, and now seeks to clean up the zoning on this property in order to make it available for liquidation. This parcel is 14,800 square feet. It is located on 20th Avenue, one lot north of Fruitvale. The plat map is attached and incorporated by reference. The map clarifies the odd parcel arrangement. Referring to the last five digits of the various parcels, the rezone parcel at issue is 42428. There is a house on the lot to the north, 42429, which used to be owned by Ms. Couch, and has previously been sold to help defray her expenses. Ms. Couch also owns a small lot directly west of the subject parcel, 42441. This little lot is in effect landlocked, and is zoned CBDS. Ms. Couch also owns parcel 42001, which fronts on Fruitvale, and abuts both the subject parcel and the small rectangular landlocked parcel, 42441. The parcel on Fruitvale, 42001, currently has a small vacant house, which used to be Ms. Couch's residence. The corner parcel, 42427, is a car lot and is not owned by Ms. Couch. The original plan was to clean up the rear lot line by moving the rear lot line of the subject parcel to the east, so it matched with the east boundary of the Fruitvale parcel. The two small parcels behind the Fruitvale parcel would then be merged with it, creating a larger lot, 42001, with frontage on Fruitvale. Then Ms. Couch intended to sell the subject parcel without changing the zoning. Efforts to go through this scenario were unsuccessful • EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER lap /zoning /rezones /ord - couch 11/10/94 9:23 AM FOR THE CITY AND COUNTY OF VAXIMA UAZO RZ #7 -94 / COUCH POST OFFICE BOX 4 REZONE ORDINANCE - EXHIBIT A YAKNAA. ASH8�ONN 98907 1111 because to get a short subdivision exemption from the city to do this merger would require creating a lot with split zoning. The rear of the subject parcel would still be zoned R -1, and would be part of a lot otherwise zoned CBDS fronting on Fruitvale. Accordingly, the Planning Department denied the SSE request. This rezone application follows, in order to create zoning consistent with the frontage on Fruitvale. Rezoning this lot will also make the CBDS zoning of uniform depth on this block. The car dealer on the corner may be interested in acquiring part of this parcel if the zoning is changed, in order to expand his car lot. There is no commitment to do that, however, if this rezone is approved. 7. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YCC 15A.23.030.5 are considered below: 7.1 Testimony. All testimony was in favor of this proposal. III 7.2 Suitability of the Property. The character of the mmercial; it is served by an excellent arterial. The property is level, and could easily be incorporated into existing commercial development along Fruitvale. 7.3 Agency Recommendations. The City Engineering Division recommends that the existing curb at the intersection of North 20th and Fruitvale be extended to the north property line, and that the street have additional asphalt installed adjacent to the curb line. They also want the existing 8 inch water main extended from Fruitvale to the north property line, as well as the sanitary sewer main. Twentieth Avenue is currently lightly surfaced with chip and seal coat, with no curbs or sidewalks. It connects Fruitvale to River Road. The Planning Department recommendation in this case recommends approval of the rezone subject to requiring the engineering improvements described above. There are no cost 1110 estimates in the record for these proposed improvements. The applicant is not prepared to make these improvements, and in all EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE lap /zoning /rezones /ord - couch 11/10/94 9:23 AM Cm AND COUNTY OF VAKIMA n7 -f POST OFFICE BOX 4 UAZO RZ# / -94 COUCH YAKIMA. WASHINGTON 98907 REZONE ORDINANCE - EXHIBIT A (509) 248-0706 probability will withdraw the rezone request if the improvements 4 11 1 are imposed. 7.4 Compliance with Comprehensive Plan and Zoning Ordinance. The comprehensive plan indicates this site is located within an industrial area suitable for commercial development. It also indicates that all commercial uses should be adequately served by public services including transportation, sewer, and water. The issue is when to make those services available. No commercial use is currently proposed for this site which requires transportation, sewer, or water. In this instance it seems appropriate to conclude that if a commercial use is proposed, that at that time infrastructure improvements be required. Other objectives of the comprehensive plan are met by approving the rezone now, in that it promotes development of the Central Business District Support area, strengthens existing commercial areas, does not infringe on other uses in a conflicting manner, and provides opportunity for expansion and diversification of business in the area. (See Plan, OLU 10 and 11). • With respect to the zoning ordinance, the CBDS zone is intended to accommodate wholesale and retail activities with some high density residential development. Straightening the boundary here provides for logical expansion or redevelopment of the CBDS property on Fruitvale. It is possible that Mr. Coleman, owner of the Corvair Corner, will purchase this property if it is rezoned. Whether or not that actually happens, it is still reasonable to straighten the zoning boundary, providing a uniform depth of CBDS zoning. Although perhaps not critical to the rezone, Ms. Couch understandably wants to keep her former home as long as possible, liquidating other property, such as this parcel, prior to the need to sell her home. 7.5 Adequacy of Public Facilities. This has been dealt with above concerning agency recommendations. Although the public facilities are inadequate for any intensive commercial use in the future, it is premature to require their installation given • EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE lap /zoning /rezones /ord - couch 11/10/94 9:23 AM CITY AND COUNTY OF YAKIMA UAZO RZ #7 -94 / COUCH POST OFFICE BOX a YAKIMA. WASHINGTON 98907 REZONE ORDINANCE - EXHIBIT A (509)248-0706 WASHINGTON • the size of this parcel, and the desirability of creating a more 1111 rational zoning boundary in this block. The need for future public facilities can be better determined when actual development of the parcel occurs. 7.6 Compatibility. The lack of opposition or even attendance of adjacent property owners reflects that this rezone is deemed compatible with the neighborhood. The land is currently vacant, and it is unknown to what use it may be put in the future. Accordingly, it is premature to determine the nature of any sightscreening or landscaping which might be required on the north property line. 7.7 Public Need. From a policy prospective, it is desirable to have consistent logical zoning boundaries with uniform depth of commercial property on arterials. Changes of circumstance have occurred in this particular area related to the increasing industrialization of the River Road /Fruitvale Boulevard corridor in recent years. The appropriateness of the original zoning is also 1111 q subject to question, since it is unclear why the small parcel immediately to the west of this (No. 42441) is zoned CBDS. Utilization of that parcel is practically impossible, even if it were merged with the existing parcel on Fruitvale, 42001. Changing this lot's zoning encourages its redevelopment. It is highly doubtful that it will ever be developed as R -1 housing, given the transitional nature of the neighborhood. 8. State Environmental Policy Act. A Determination of Non - significance was issued by the city on June 20, 1994. No significant comments were received. 9. 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 rezone conforms to the goals and policies of EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER lap /zoning /rezones /ord - couch 11/10/94 9:23 AM FOR THE Cm AND COUNTY OF YAKI■A UAZO RZ #7 -94 / COUCH POST OFFICE BOX 4 REZONE ORDINANCE - EXHIBIT A YAKIMA. WASHINGTON 96907 (509) 246 -0706 the Yakima Urban Area Comprehensive Plan and to the intent of the Yakima Urban Area Zoning Ordinance; the property is suitable for 411/ uses permitted in the Central Business District Support; 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 rezone application, from R -1 to CBDS. Respectfully submitted this �i 3 day of September, 1994. PHILIP A. LAMB 4 11 1 Hearing Examiner EXAMINER'S RECOMMENDATION - 6 4111 NEARING EXAMINER FOR THE lap /zoning /rezones /ord - couch 11/10/94 9:23 AM CRY AND COUNTY OF YAKIMA UAZO RZ #7 -94 / COUCH VAKMA. WASHINGTON 98907 POST OFFICE BOX 4 REZONE ORDINANCE - EXHIBIT A (509) 248 -0706 . . 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