HomeMy WebLinkAbout1994-069 Rezoning S. 16th-S.14th Avenues between Pierce and Spokane Streets. • ORDINANCE NO. 94 VI
AN ORDINANCE rezoning property located between South 16th and South 14th
Avenues and between Pierce and Spokane Streets in Yakima,
Washington from Single Family Residential (R -1) to Two Family
Residential (R -2) and amending the zoning map of the Yakima
Urban Area accordingly, and providing preliminary approval of
the proposed long plat of the subject property, creating 15 new
lots.
WHEREAS, on September 27, 1994, the Hearing Examiner held a public hearing
on the master application (UAZO RZ #5 -94, UAZO Prel Long Plat #3 -94) submitted by
William B. Kile III and Ron Knight, d /b /a KKR Development, for amendment to the
Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from
Single Family Residential (R -1) to Two Family Residential (R -2) of property known as
"Canterwood" located between South 16th and South 14th Avenues and between Pierce
and Spokane Streets in Yakima, Washington, comprised of Yakima County Assessor's
Parcel #181326- 23007, and legally described as:
Block 24, Plat of Section 36, Township 13 North, Range 36 East, W.M., according
to the Plat thereof recorded in Volume "E" of Plats, page 36, records of Yakima
County, Washington.
EXCEPT the North 161 feet thereof,
AND EXCEPT the South 135.00 feet of the West 257 20 feet thereof,
AND EXCEPT that portion of said Block 24 described as follows: Beginning at the
Southwest corner of Lot 7, Airport Addition No. 2, according to the Plat thereof
recorded in Volume "I" of Plats, page 13, records of Yakima County,
Washington, thence South along the West line of said Block 24, 10 feet; thence
East, parallel to the South line of said Lot 7, 127 6 feet; thence North 10 feet to
the Southeast corner of said Lot 7, thence West along the South line of said Lot
7 to the point of beginning.
and for approval of the proposed preliminary long plat of the property described
above; and
WHEREAS, as a result of that hearing and review of the record pertaining to
this master application, on August 26, 1994 the Hearing Examiner issued his
Examiner's Recommendation, Examiner No. 194- 24 -26, recommending approval of the
master application, including approval of the proposed rezone, and, subject to several
conditions, of the proposed subdivision, and
WHEREAS, pursuant to Yakima Municipal Code Title 14 and Chapter 15 23, this
r master application came before City Council at its public meeting on September 27,
1994, at which time Council considered the contents of the file including the Hearing
lap /zoning /rezones /ord - kkr 10/28/94 1 22 PM
KKR. CANTERWOOD — UAZO RZ #5 -94, Prel. Long Plat #3 -94
Rezone Ordinance; Preliminary Long Plat Approval — Page 1
Examiner's Recommendation, together with the comments of the Planning Division
of the Department of Community and Economic Development and of applicant, and
WHEREAS, the proposed rezone conforms with the requirements and
considerations set forth in Yakima Municipal Code Chapter 15.23, and other
applicable laws, and
WHEREAS, the proposed subdivision conforms with the requirements and
considerations set forth in Yakima Municipal Code Title 14, and other applicable laws,
and
WHEREAS, the Canterwood project is already built and conforms with
previously granted land use approvals, and
WHEREAS, the proposed rezone and subdivision are appropriate to render the
property more amenable to be sold and refinanced, and
WHEREAS, each voting Council member declared that he or she had no contact
with either the applicant or opponents of this preliminary plat, and the City Council
determined by motion that the Recommendation of the Hearing Examiner should be
affirmed, 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 Two Family Residential (R -2) of property
located between South 16th and South 14th Avenues and between Pierce and Spokane
Streets in Yakima, Washington, comprised of Yakima County Assessor's Parcel
#181326 -23007 , and legally described as:
Block 24, Plat of Section 36, Township 13 North, Range 36 East, W.M., according
to the Plat thereof recorded in Volume "E" of Plats, page 36, records of Yakima
County, Washington.
EXCEPT the North 161 feet thereof,
AND EXCEPT the South 135.00 feet of the West 257 20 feet thereof,
AND EXCEPT that portion of said Block 24 described as follows: Beginning at the
Southwest corner of Lot 7, Airport Addition No. 2, according to the Plat thereof
recorded in Volume "I" of Plats, page 13, records of Yakima County,
Washington, thence South along the West line of said Block 24, 10 feet; thence
East, parallel to the South line of said Lot 7, 127 6 feet; thence North 10 feet to
the Southeast corner of said Lot 7, thence West along the South line of said Lot
7 to the point of beginning.
is hereby affirmed.
Section 2 As a matter of fact, the master application to rezone and subdivide
property described above conforms with the goals and objectives of the Yakima
lap /zonin /rezones /ord - kkr 10/28/94 1 22 PM
KKR. CANTERWOOD -- UAZO RZ #5 -94, Prel Long Plat #3 -94
Rezone Ordinance; Preliminary Long Plat Approval -- Page 2
Urban Area Comprehensive Plan, the Urban Area Zoning Ordinance, YMC 14.25.110
• and.other applicable land use laws.
Section 3 The above- described real property shall be rezoned to Two Family
Residential (R -2) and the Official Yakima Urban Area Zoning Map within the City of
Yakima shall be amended to correspond to reflect this the rezone.
Section 4 The Yakima City Council hereby adopts the findings and conclusions
pertaining to this master application contained in the Hearing Examiner's
Recommendation, Examiner's No. I94- 24 -26, City No. UAZO RZ #5 -94, a true copy of
which Recommendation is attached hereto as Exhibit "A" and incorporated by
reference herein.
Section 5. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
Section 6 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.
Section 7 The decision of the Hearing Examiner recommending approval of
the preliminary long plat of the subject property, subject to several conditions, is
hereby affirmed. The preliminary long plat is approved subject to the pertinent
requirements stated as part of the Hearing Examiner's specific Recommendation, on
page 7 of Exhibit A, which requirements are understood as conditions precedent to
final plat approval
PASSED BY THE CITY COUNCIL, signed and approved this \ - day of \ N\)QN
1994
Q a 1 \44,,,_i_7'
ATTEST Mayor
City Clerk
Publication Date: \ \`\\ °A
Effective Date: \' -c:
II
lap /zoning /rezones /ord - kkr 10/28/94 1 22 PM
KKR. CANTERWOOD -- UAZO RZ #5 -94, Prel. Long Plat #3 -94
Rezone Ordinance; Preliminary Long Plat Approval -- Page 3
• ISSUED: AUGUST 26, 1994
Master Application by ) EXAMINER'S RECOMMENDATION
)
KKR Development ) City No: UAZO RZIS -94
) Examiner No. 194-24-26
for a Rezone and Long )
Plat )
The Examiner conducted a public hearing on June 23, 1994. The
staff report presented by Dan Valoff recommended approval of both
the rezone and the long plat. Ron Knight and his Professional
Engineer Bill Buibregtse outlined the proposal. There was no
opposition. The Examiner inspected the property prior to the
hearing.
SUMMARY OF RECOM?(ENDATION. The Examiner recommends approval
• of both the rezone and the 15 lot subdivision.
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:
pINDINGB
1. Applicant. IQOt Development (Ron Knight).
2. yocatior. Between South 16th and South 14th Avenues,
between Pierce and Spokane Streets. Assessor's parcel number
181326- 23007.
3. Application. Master application.
4. proposed Zone. A rezone and long plat.
S. protect Background and Description. The proposal is
for a rezone from single family residential (R -1) to two family
residential (R -2) together with preliminary plat review for a
•
EXAMINER'S RECOMMENDATION - 1
MEARNG EXAMNE.
p, zoning /rezones /ord - kkr 10/28/94.1 22 PN POP TP€
KR CANTERWOOD — UAZO RZ #5 -94, Prel. Long Plat #3 -94 c AND COUNTY r O ` `M( A
POST orricE sox •
ezone Ordinance; Preliminary Long Plat Approval — EXHIBIT A YAKMA wASMNGTON 98907
009)24S-0706
subdivision known as "Canterwood ". Four and two - tenths (4.2) acres
would be rezoned, and divided into 15 lots.
This parcel has already been built out by Ron Knight as
a result of previous Council approval. The existing development is
an approved Class 3 multi - family development in the R -1 tone. It
includes one 6 -plex, three 5- piexes, two 4- plexes, one triplex, and
8 duplex units, for a total of 48 housing units. Traffic is
directed exclusively onto 16th Avenue from an interior loop road
built to city local access street standards. The interior street
includes sidewalk, curb, and street lights. The entire project is
buffered from the surrounding neighborhood by a sitescreening
fence.
The staff report details the history of the project, and
is adopted and in large part reproduced herein.
This property was zoned R -1 from 1974 until April, 1986
when the Urban Area Zoning Ordinance was approved, rezoning the
property to R -3. In June, 1987, the Yakima County Planning
Department initiated a rezone from R -3 to R -1 based on a request
from several property owners in the Criterion Park subdivision on
the east side of this parcel.
The property was subsequently annexed by the City. m
applied for a rezone in May, 1992, from R -1 to R -2, together with
a 20 -lot subdivision to be developed as duplexes. This Examiner
held a public hearing and recommended approval. The City Council
held two public meetings and denied the application based on
neighborhood concerns, particularly about the potential of traffic
generated from the duplexes flowing onto 14th, 15th, and Pierce
Avenues.
In September, 1992, KKR applied for Class 3 review of a
48 unit multi- family development on one parcel, not requiring a
rezone or a subdivision. In December, 1992 the Examiner approved
the request. The existing development has been built in conformity
with that approval. It has been developed at a density of 7 to 12
dwelling units per net residential acre, a Class 3 use in the R -1
III zone. The net residential acreage is 4.23 acres with 48 dwelling
EXAMINER'S RECOMMENDATION - 2
HEARNG EXAMINER
.p zoning /rezones /ord - kkr 10/28/94 1 22 PM FOR THE
.KR. CANTERWOOD - UAZO RZ #5 -94, Prel. Long Plat #3 -94 Crrr AMA COtNr1 Y Or YMKMA
POST OFT CE SOx s
ezone Ordinance; Preliminary Long Plat Approval - EXHIBIT A "AxIma INi5" eo 911100
• units; the resulting density is 11.4 dwelling units per net
residential acre.
Now Mr. Knight wants to complete the cycle, obtaining a
rezone and subdivision so that these units can be more easily sold
and refinanced. The rezone is necessary in order to achieve the
lot sizes necessary for the subdivision.
One of the major concerns of the City Council at the time
of fir. Knight's original proposal was whether or not the project
would in fact be built as represented. The concern was that if a
rezone were approved there was a possibility that the project could
be built out in a way detrimental to adjacent neighborhoods.
Apparently the utilization of a binding site plan and /or a
concomitant agreement was not acceptable to the Council.
Accordingly, Mr. Knight vent ahead with the project under a
different legal format, and has built the project out in the way he
represented it would be built.
1110 In designing the project, he intentionally designed the
irrigation systems and the building placement so that he could
qualify in the future for the setback, lot coverage, and lot size
rules required for a subdivision.
6. Adjacent Zoning and Land Uses. Zoning and land uses on
adjacent properties are as follows:
location Zonina existing Land Use
North R -1 Single family residential
East R -1 Single family residential
South R -1 Single family residential
R -3 Mobile home park
West M -1 Perry Tech Office Park
The site is bounded by South 16th Avenue, a major
arterial to the vest; Pierce Street, a hard surfaced local access
street to the north, South 14th Avenue, a half width paved local
access street to the east; and South 15th Avenue, an oil /graveled
local access street to the south.
7. Yakima Urban Area Zonina Ordinance. The criteria for
411, rezones established by YCC 15A.23.030.5 are considered below:
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
aF'zoning /rezones /0rd - kkr 10/28/94 1 22 PM MR TI•E
:KR CANTERWOOD — UAZO RZ #5 -94, Prel. Long Plat #3 -94 CM/ 9840 C"'r' Or MINA
POST OW= 90x1
.ezone Ordinance; Preliminary Long Plat Approval — E(HIBIT A YACMA WASHINGTON 99907
MO9) 2490706
7.1 Testimony. There was no opposition to this
proposal. Furthermore, no one testified concerning the condition
of 14th Avenue, on the east or back side of this project, which is
currently a half street. No one testified concerning the planning
department's recommendation of a pedestrian passage through that
east fence.
7.2 suitability of the Property. The property is
already completely built out, and its status would not change.
This issue is basically moot.
7.3 Aaencv Re The City Planning Division
recommends approval. No other comments were received.
7.4 Compliance with Comprehensive Plan and Boning
Ordinance. This type of use straddles the uses typically
contemplated for the R -1 and R -2 zones. It represents the sort of
residential infill which both the comprehensive plan and the zoning
ordinance encourage, and provides a variety of housing types, also
consistent with the comprehensive plan.
7.5 Compatibility. The lack of any public comment is
ample witness to the fact that Mr. Knight has done a good job in
following through on his commitments, and that the project is
compatible with the neighborhood.
7.6 public Need. This issue is in effect moot, since
this project is already completely developed. Clearly public need
did exist for the project, since it developed so quickly and is so
fully occupied.
8. Subdivision Analysis. This takes a different format than
normal preliminary plat reviews. This project complies with all of
the provisions of the subdivision ordinance. The interior street
has been built to city standards, and will need to be dedicated to
the city as public right -of -way. The landscaping irrigation
systems were designed to comply with the lot sizes as proposed.
All public utilities are available and have already been provided.
Perhaps the only remaining issue is the perimeter fence.
Under single ownership maintenance of the perimeter fence would be
the obligation of a single owner. Creating a number of parcels
EXAMINER'S RECOMMENDATION - 4
NEARING EXAMINER
la: 'zoning /rezones /ord - kkr 10/28/94 1 22 PM FOR THE
KKR CANTERWOOD -- UAZO RZ #5 -94, Prel. Long Plat #3 -94 cm. AM GO"""" or 'a"`A
POST OFFCE 80x •
Rezone Ordinance; Preliminary Long Plat Approval -- EXHIBIT A YAKIM �S WASN o WPC
•
et leaves each parcel owner with the burden of maintaining his or her
fence. This is no different than the normal situation in a housing
subdivision, where each property owner is responsible for their own
fence. The planning division recommended that a property owner's
association be established to insure continued maintenance and
appearance among the 15 lots of the Canterwood Subdivision. Mr.
Knight and Mr. Ruibregtse question the need for that, and would
prefer to rely on market forces to deal with that issue.
There is a legitimate concern that because these are
multi - family units each parcel will typically be owned by an
investor rather than a homeowner /occupant. Rightly or wrongly,
there is a tendency to think that a homeowner /occupant will take
better care of the property than a nonresident investor. This is
undoubtedly the genesis for recommending a property owner's
association to care for the fencing and landscaping. The only
apparent subject matter for the owner's association would be the
fencing, however, since everything else will be on private lots.
The absence of any commons areas which require joint maintenance,
and the fact that the fence will in fact be owned by individual
property owners, suggests that it is unduly burdensome to create a
legal entity for the sole purpose of maintaining a fence.
This is a quality development, built as represented, and
quickly occupied. It is reasonable to rely upon private initiative
and market forces to deal with maintenance issues.
Another issue concerning the subdivision itself concerns
14th Avenue. Fourteenth is a half- street against the back side of
this project. This project has absolutely no access to 14th. Mr.
Knight was required to install a landscaping strip along the fence
which he did construct. He has not yet done the landscaping strip,
in part because of some ,concern as to how feasible it really is.
It provides no benefit to the occupants of Canterwood, and the
current condition of 14th has not raised any criticism from
neighbors along 14th.
The staff recommendation is that 14th be graded and seal
11110 coated or use some other approved method of dust and weed abatement
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
la /zoning /rezones /ord - kkr 10/28/94 1 22 PM FORME
KKR: CANTERWOOD - UAZO RZ #5 -94, Prel. Long Plat #3 -94 w AivO COUNTY or AKMA
POST OmoE sox •
Rezone Ordinance; Preliminary Long Plat Approval - EXHIBIT A •M(MA. w+LSMMGTON 90907
ISO9) 24B-0706
along the undeveloped portion of 14th. This is what Mr. Knight 0
prefers to do. He simply would like to grade it and sterilize it.
The right -of -way has already been dedicated to the city, and as far
as he is concerned the maintenance of the right -of -way, or its
future improvement, is a city concern, not his. This project has
absolutely no impact upon 14th, so there is no evidentiary or legal
basis for requiring the developer to make any improvements to 14th.
Accordingly, the developer's obligation is limited to whatever
private land there may be between the fence and the property line.
Mr. Knight is under the impression that the fence is on the
property line, leaving the entire strip east of the fence the
City's responsibility. Nevertheless, Mr. Knight is willing to
grade, sterilize, and seal coat that strip, and then relinquish any
further responsibility to the city. This is reasonable.
Another staff recommendation was for a pedestrian access
and walk to be established on the common property line between lots
8 and 9, running through the fence, providing access for kids
perhaps going to school to the east. The absence of any concern
about this at the hearing, and the fact that the project seems to
be working well as currently built, mitigates against requiring
this.
g. 7nvironmental Review. A Determination of Non -
significance was issued on April 20, 1994. An addendum to existing
environmental documents was done May 4, 1994. No agency comments
were received, and no appeals were filed.
l0. 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 and subdivision conform to the goals
and policies of the Yakima Urban Area Comprehensive Plan, the
411 intent of the Yakima Urban Area Zoning Ordinance, the provisions of
EXAMINER'S RECOMMENDATION - 6
WEARNG EXAMNER
FOR THE
lap /zoning /rezones /ord - kkr 10/28/94 1 22 PM CI r AHD COUNTY OF Tasted* KKR. CANTERWOOD -- UAZO RZ #5-94, Prel. Long Plat #3 -94 POST OFFX:ESOX.
Rezone Ordinance; Preliminary Long Plat Approval -- EXHIBIT A YAM"" ; s
III the Yakima City Subdivision Ordinance, and will serve the public
use and interest, subject to the conditions set forth in the
recommendation below. The property is suitable for uses permitted
in the R -2 zone, and any problems with neighborhood compatibility
can be resolved.
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
1. Approve this rezone application, from R -1 to R -2.
2. Approve this preliminary plat application subject to the
following conditions:
A. An easement for sanitary sewer shall be established
along the south line of lots 9 and 10, 8 feet in width.
ID B. The interior loop needs to have its name
established, perhaps as Perry Loop, subject to approval by city
staff. The street itself shall be dedicated public right -of -way
and shall be designated on the final plat as a 50 foot right-of-
way.
C. The applicant shall grade, sterilize and seal coat
the undeveloped portion of the city right -of -way along South 14th
Avenue abutting this property.
Because this project has been already built out, final plat
approval should be forthcoming as soon as these minor conditions
are met.
Respectfully submitted this t day of August, 1994.
N(N"-Llk lk / 16-„,.......1-
PHILIP A. IAMB
Hearing Examiner
Ili
EXAMINER'S RECOMMENDATION - 7
MEARNG EXA/MK*
18p /zoning /rezones /ord - kkr 10/28/94 1 22 PH FORME
KKR. CANTERWOOD — UAZO RZ #5 -94, Prel. Long Plat #3 -94 CITY � E DOR AMA
Rezone Ordinance; Preliminary Long Plat Approval — EXHIBIT A MAMA WAS GTOP. Di1907
MO9 248 4 706