HomeMy WebLinkAbout1994-065 Rezoning near 502 N. 18th Avenue << ,...._
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• ORDINANCE NO. 94- ca_
AN ORDINANCE rezoning property located at and near 502 N 18th Avenue in
Yakima, Washington from Two Family Residential (R -2) to Local
Business (B -2) and amending the zoning map of the Yakima
Urban Area accordingly; and providing Class 2 approval, subject
to certain conditions, for an automobile service facility.
WHEREAS, on September 8, 1994, the Hearing Examiner held a public hearing
on the master application (UAZO RZ #8 -94, UAZO CL #2 -94 (sic), UAZO EC #24 -94)
submitted by James E. and Roxann Faulconer, including a supplemental application
by Richard E. and Cecily P Richard Walker, for amendment to the Official Yakima
Urban Area Zoning Map within the City of Yakima and rezone from Two Family
Residential (R -2) to Local Business (B -2) of property located at and near 502 N 18th
Avenue in Yakima, Washington, comprised of Yakima County Assessor's Parcels #
18323 - 11429, 18323 - 11431, and 181323- 11517, and legally described as:
The west 221 feet of the east 410 feet, except the south 200 feet, of Lot 39, the
Lewis -Terry Garden Tracts, recorded in Volume F of Plats, Page 15, Records of
Yakima, County, Washington.
and for Class 2 approval, for an automobile service facility on the portion of the
subject property owned by the Faulconers; and
WHEREAS, as a result of that hearing and review of the record pertaining to
this master application, the Hearing Examiner recommended to the City Council that
the rezone be granted, and that Class 2 approval be granted subject to certain
conditions; and
WHEREAS, at its public meeting on October 11, 1994, the City Council found that
the Hearing Examiner's recommendation is consistent with the requirements and
considerations set forth in Yakima Municipal Code Chapter 15 23, and further
determined to affirm and adopt the Hearing Examiner's Recommendation including
approval of the proposed rezone, and, subject to certain conditions, Class 2 approval
of the automobile service facility; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The decision of the Hearing Examiner recommending the rezone
from Two Family Residential (R -2) to Local Business (B -2) of the subject property
located at and near 502 N 18th Avenue in Yakima, Washington, comprised of Yakima
County Assessor's Parcels # 18323 - 11429, 18323- 11431, and 181323 - 11517, and legally
described as
III The west 221 feet of the east 410 feet, except the south 200 feet, of Lot 39, the
Lewis -Terry Garden Tracts, recorded in Volume F of Plats, Page 15, Records of
Yakima, County, Washington.
lap /zoning /rezones / /ord - faulconer 10/20/94 11 55 AM
UAZO RZ #8 -94 / FAULCONER
REZONE ORDINANCE -- Page 1
= l
is hereby affirmed. The proposed rezone complies with the goals and objectives of
the Yakima Urban Area Comprehensive Plan and the Urban Area Zoning Ordinance
and the above - described real property shall be rezoned to Local Business (B-2).
Section 2 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 master application contained in the Hearing Examiner's
Recommendation, Examiner's No. I94 -2 -39, City No. UAZO RZ #8 -94, a true copy of
which Recommendation is attached hereto as Exhibit "A" and incorporated by
reference herein.
Section 4 The decision of the Hearing Examiner recommending approval of
the automobile service facility on the portion of the subject property owned by the
Faulconers, subject to several conditions, is hereby affirmed, and the conditions set
forth on page 10 of the Examiner's Recommendation are incorporated as if fully set
forth and are hereby adopted as conditions precedent to the Class 2 approval. 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 approval provided for herein has
become effective; and
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 ��,''_ 00 ��
PASSED BY THE CITY COUNCIL, signed and approved this2�h Cct
day of
1994
ATTEST 1 Mayor
/ccv-- N I�� &� 1 Cz� c
City Clerk
Publication Date: I 0 2-? -c 2
Effective Date: 1\ — 2n - 91
•
lap /zoning /rezones / /ord - faulconer 10/20/94 11 55 AM
UAZO RZ #8 -94 / FAULCONER
REZONE ORDINANCE — Page 2
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ISSUED: SEPTEMBER 20, 1994
Master Application for ) EXAMINER'S RECOMMENDATION
)
Rezone and Class 2 Use ) CITY No: UAZO RZ #8 -94
) UAZO CL #2 -94
by Faulconer and Walker ) Examiner's No. 194 -2 -39
at 502 North 18th Avenue )
The Examiner conducted a public hearing on September 8, 1994.
The staff report presented by Larry Lehman recommended approval.
The applicants and a number of other individuals testified in favor
of the proposal. Several letters were received, and testimony,
from some of the residents on South 18th Avenue, objecting to the
increased traffic expected from this proposal. The Examiner
inspected the property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval,
• without requiring significant street improvements but requiring
immediate connection to the water system, and connection to the
sewer system when the current septic systems fail.
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. James E. and Roxann Faulconer are the
applicants for part of the property concerning both the rezone and
the Class 2 use. The applicants for the remainder of the rezone
are Mr. and Mrs. Richard Walker.
2. Location. The street address location for the Faulconer
1111 property is 502 North 18th Avenue, Yakima. The Walker property
consists of two parcels, one on 18th south of Faulconer, and one to
the west, off 18th. The Faulconer parcel is assessor parcel number
NEARING EXAMINER
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UAZO RZ #8 -94 / FAULCONER CT' POST OFFICE e X 4 KMA
REZONE ORDINANCE -- EXHIBIT A YAKMA. WASHINGTON 98907
(SOS) 248 -0706
,
181323 - 11429. The Walker parcels are 181323 -11517 and 11431. •
3. Application. This is a master application for a rezone
from two family residential (R -2) to Local Business (B -2). In
addition, the Faulconer's seek Class 2 review of their proposed
Class 2 use, consisting of an automobile parts, service, and repair
facility.
4. Proposed Sone. B -2
S. Proposed Use. The use of the Walker property would not
change. The Faulconer property would change from a vacant single -
family residence to a car repair facility.
6. Current Zoning and Use. This area currently is zoned R-
2. The Walker properties consist of two parcels. The west parcel
is in effect land locked, presumably served by an access easement
from 18th across the Walker parcel on 18th. The westerly Walker
parcel is developed with mini - storage and a mobile home used as a
residence, together with a relatively long garage placed on the
diagonal north boundary of the property.
The other Walker parcel fronts on 18th, consists of a •
single family residence, and butts up against other property owned
by the Walkers on the south. Walkers do not intend to change the
existing residential uses of the property, and consider their
property fully developed.
The Faulconer parcel is north of the Walker's parcel on
18th. The Faulconer parcel fronts on 18th, and contains a house
and three bay garage /shop. Years ago the property was used as a
meat packing facility and as a result of that use has two septic
systems, one for the house itself and one for the meat packing
facility which was located in the "shop" part. This property is
owned by Faulconers, was formerly their residence, and is now being
remodeled by the Faulconers.
Adjacent zoning and land uses follow:
Location Zoning rxisting Land Use
North M -1 Light Industrial
East (across 18th) R -2 Single - family
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
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UAZO RZ #8 -94 / FAULCONER CITY AND T OFFICE BOX a C0r'A
POST
REZONE ORDINANCE -- EXHIBIT A YAKIMA. WASHINGTON 98907
(509) 248.0708
West R -2 Mini storage
South 8-2 Mini storage
7. project Description. As far as the Walkers are
concerned, they simply want the rezone in order to clean up the
zoning boundary that currently bisects their property. The
vicinity map attached to the staff report is not quite accurate, in
that the west lot of the Walkers, subject to this rezone, extends
more to the east on the north boundary than reflected on the
digitized map. In any event, Walkers own property on Lincoln that
is zoned B -2, some of which extends clear to the north boundary
along the covered canal. The uses of the lots do not follow the
property lines. Since property north of the canal is zoned M -1,
and all of the property to the south is zoned B -2, Walker would
like to clean up the boundaries.
With respect to the Faulconer property, it likewise fits
into a logical extension of the B -2 zone running up 18th to the
canal. Everything west of 18th would be B -2. The property
immediately adjacent to these parcels, north of the canal, is M -1.
Four lots would remain zoned R -2 on 18th, on the east side of the
street. They butt up against M -1 zoning next to the canal on the
north.
Faulconers want to convert their house into a sports car
service and repair facility, which is a Class 2 use in the B -2
zone. They have applied for and received financing for this
proposal prior to obtaining land use approval.
They have done a substantial amount of work as reflected
by both the photographs and the testimony cleaning up and
remodeling the property for this use. Hearing testimony also
indicates that the bank has disbursed their loan funds. None of
this is relevant to land use approval or to the approval of the
rezone.
8. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030.5 are considered below:
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
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UAZO RZ #8 -94 / FAULCONER Crry AND COUNTY of YAKIMA
POST OFFICE BOX 4
REZONE ORDINANCE - DCHIBIT A YAKNA. WASHINGTON 98907
(509) 248 -0706
8.1 Testimony. Several residential neighbors on 18th
are opposed to this because of the traffic it will generate. They
currently have an unimproved street with very little traffic. The
concern is that authorizing a business here will increase the
traffic and make it unsafe for the numerous children who live on
the street. Currently there are no sidewalks, the road is
graveled, and there is not a normal turnaround or cul -de -sac at the
north end of 18th.
In addition to the Faulconers, their banker and a
coordinator from the Yakima Community College Small Business Center
spoke in favor of the project. Approving the rezone in their view
would help redevelop the area, create employment, and reflect the
city's apparent commitment to help small businesses.
Although there is opposition to the Faulconer business
proposal, everyone likes the Walkers and their business activities.
The mini - storage is well maintained, and generates very low
traffic.
When the Faulconers lived on 18th they generated lots of
traffic, had lots of cars around, and some of the neighbors are
very concerned that this will turn into a car lot and be even worse
than when the Faulconers lived there.
There is also testimony that during the current
renovation of the Faulconer property that lots of traffic has been
observed on the street generated by the houses there.
Mr. Faulconer indicated that only he and his wife will
work in the business, although they hope to add perhaps two
employees at some time in the future. The business they anticipate
establishing will provide mail order foreign parts for other shops
in the Yakima Valley, together with servicing and repairing foreign
automobiles on premises. Mr. Faulconer's estimate is that maybe
two cars would be serviced per day. The Faulconers are building a
parking area on the rear (west) side of the property. It will be
fenced and screened. They do not intend to park cars on the street
or in the front yard. The existing driveway for the house will
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
lap /zoning /rezones / /ord - Faulconer 10/15/94 2 44 PM CRY AND COUNTY OF YAKMA
UAZO RZ #8 -94 / FAULCONER F'osT OFFICE BOX 4
REZONE ORDINANCE - EXHIBIT A YAKMA. WASHINGTON 98907
1609) 248-0706
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s ervice drive -in customers. All rep occur inside of the
shop, and no cars awaiting repair will be parked in front.
The property is currently serviced by a private well, and
has two septic tanks, one serving the shop when it served years ago
as a meat cutting facility.
8.2 Suitability of the Propertv. The property is
located near Lincoln Avenue, a major arterial. The ground itself
is level, but the area is not well served by utilities. The sewer
line apparently comes up to the north side of the covered canal
which abuts this property on the north. There is a water line in
the street. The street itself is not paved. There are no
sidewalks, curb, gutter, or streetlights. The property is
surrounded on three sides by business or industrial -type zoning.
As it currently exists, zoning boundaries are not very logical.
8.3 Agency Recommendations. The Planning Department
recommends approval subject to installation of a paved street,
extension of the sewer, and connection to both water and sewer.
The recommendation was not as clear as it might have been
concerning whether the obligation to pay for these improvements was
on both the Walkers and the Faulconers, or just the Faulconers.
This was clarified at the hearing as applying to both the Walkers
and the Faulconers. Mr. Walker was quite clear that if he was
required to participate in any improvements he would oppose this,
and withdraw his application. Faulconers likewise strongly resist
the need to improve the street. Their position is that the traffic
generated by this proposed use will probably not be not much more
than a single family house, and that to require full improvement of
the street is not proportional to the impact they will have on the
street.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance. Even without significant street improvements, this
project is consistent both with the Comprehensive Plan and Urban
Area Zoning Ordinance. This area is obviously in transition. The
III jagged zoning boundary in this area needs to be straightened out,
if only to promote predictability in the future. This area was
EXAMINER'S RECOMMENDATION - 5
HEAR ING EXAMINER
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UAZO RZ #8 -94 / FAULCONER cm AND COUNTY OF YAKIMA
POST OFFICE BOX 4
REZONE ORDINANCE - EXHIBIT A YAKMA. WASHINGTON 98907
(509) 248 -0706
0,
subject to a prospective rezone when the Albertson's grocery store III
organization was looking at relocating to this area. That rezone
application was withdrawn when Albertson's wound up buying the
Buttrey grocery store directly across on the south side of Lincoln.
The housing in this area is relatively modest. It is
unlikely that the Faulconer house would be anything but a rental in
the future, and would ultimately probably deteriorate fairly
quickly. This has certainly been its history in the past, as
indicated by testimony from Mr. Faulconer. They had utilized the
property as a rental for some time, and have had to go back in and
do extensive renovation work.
Both the Comprehensive Plan and the Zoning Ordinance make
numerous references to the desirability of flexibility and being
responsive to market conditions. In this case, the commercial
corridor along Lincoln is already developed and zoned for
commercial uses. Looking at the parcel and rezone map, it makes
sense not only to rezone these three lots west of 18th, but at some
time in the future the four lots east of 18th, so that all lots off
18th share B -2 zoning, consistent with that on Lincoln. It is
unrealistic to expect this small pocket of residential housing to
exist indefinitely into the future.
8.5 Adequacy of Public Facilities. As indicated above,
public facilities are sparse in this area. The desirability of
cleaning up the zoning boundary overrides the current inadequacy of
the street and sewer system. In certain selected areas like this,
it makes sense to consider rezoning the property as an inducement
to redevelopment, which ultimately can help justify future
extension of infrastructure.
From a proportionality perspective, the burden imposed by
any sort of business located on this small lot hardly justifies the
expense of paving an entire street, together with extending sewer
its full length. Several other properties would benefit in the
long term from this infrastructure improvement, yet there is no
proposal that the applicants in this case would be reimbursed.
EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
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UAZO RZ #8 -94 / FAULCONER CITY PAND TOFFICE BOX /4NCIMA
09
REZONE ORDINANCE - EXHIBIT A YAKMA. WASHINGTON 98907
1509) 248.0704
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T he current usage of the Walker property is not expected
to change. The Faulconer property as a condition of approval on
the Class 2 use should be required to connect immediately to the
public water system for domestic purposes. Utilization of the well
for irrigation purposes only would be appropriate. When either one
of the two septic systems fail, the Faulconers should be required
to extend the sewer system as necessary, and to connect to the
public sewer system. Given current environmental regulations of
disposal of automobile related fluids, they will be contained on
site and disposed of elsewhere pursuant to state and federal
regulations. The impact on either the septic or public sewer
system of this automobile facility will be minimal. The impact on
water, sewer and streets from this proposal is reasonably
contemplated to be less than that of a single family residence.
Both the Comprehensive Plan and the Zoning Ordinance do
III speak to the desirability, and the appropriateness in many cases,
of requiring all public facilities to be available when a rezone is
approved. The jagged zoning border here is obviously an anomaly
not contemplated by those general directives. Furthermore, when a
rezone is proposed which is relatively self - contained and outside
the normal development pattern, it makes more sense to require full
provision of infrastructure there, similar to approval of a long
plat requiring installation of streets and all utilities. An
activity is being brought to a new area, and the price of doing
that is extending the infrastructure.
That is not this type of case. Another factor which
always must be considered, if only from the fairness perspective,
is the size of the project relative to the cost of the public
improvements being required. In this proposal, there are no
numbers in evidence as to what the cost of building a street and
extending the sewer line would be. There is a high probability
that those costs would be $20,000 to $30,000, perhaps more. If
those were imposed on this project, this would not be economically
feasible. The Walker property would remain as it is, but the
Faulconer project 'ect would go elsewhere. There would be little
J
EXAMINER'S RECOMMENDATION - 7
HEARING EXAMINER
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UAZO RZ #8 -94 / FAULCONER CITY �TCO�N E BOX 4K MA
REZONE ORDINANCE - EXHIBIT A YAKMA. WASHINGTON 98907
C509)248-0706
A
incentive for the Faulconers to redevelop their property, and this
area would continue to stagnate.
8.6 Compatibilitv. Any existing compatibility problems
would stay basically the same. Bringing the zoning boundary out to
18th does little to change the impact on the adjacent residences.
The concern about the Faulconer project becoming a car lot is well
taken, and will be dealt with in the analysis below concerning the
Class 2 review. The biggest impact on the area will be traffic.
A single family residence is considered under national statistics
to generate 10 vehicle trips per day. Although hard to predict,
this business may generate more than that, but they will be daytime
trips. Furthermore, the length of 18th in its condition mitigates
against much speed. Certainly there will be no through traffic
generated by this, since it is a deadend street.
8.7 Public Need. The most significant public need
demonstrated here is the policy argument for straightening out
zoning boundaries. Certainly on a statistical basis we have a need
for more businesses and higher employment rates, but using that to
justify this proposal is inappropriate since any applicant would
then qualify for a rezone.
With respect to public need or change of circumstances
required under state law, this area over the last several years has
obviously been in a state of redevelopment transition, as reflected
first by the prospective Albertson's rezone, and now by this
proposal.
9. Class 2 Review. An automobile facility for parts or
service is a Class 2 use in the B -2 zone. Class 2 uses are
generally compatible with the zone, but on occasion may not be
compatible.
For a three bay shop, three onsite paved parking spaces
will be required and are available. The rear (west) side of the
property will be cleared, and fenced for parking customer cars.
The front yard will be landscaped. The house will serve as office
facilities, with the attached garage serving as the shop.
EXAMINER'S RECOMMENDATION - 8
HEARING EXAMINER
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UAZO RZ #8 -94 / FAULCONER C �POOS�T� a OX 4 `MA
REZONE ORDINANCE - EXHIBIT A YAKMA. WASHINGTON 98907
(509) 248 -0706
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The rear area will be cyclone fence with slats and will
be paved.
The visual impact of this proposal on housing to the east
will be minimal. The traffic impact is the only other significant
factor, and will also be minimal. If hulks or cars under long term
repair are parked in the front yard along 18th, or on 18th itself,
there will be a significant adverse visual impact on the
neighborhood.
10. State Environmental Policy Act. A Determination of
Nonsignificance was issued by the City of Yakima on July 22, 1994.
11. 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
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 B -2 District; any problems with neighborhood
compatibility can be resolved; and a public need does exist for the
proposed change.
3. The proposed Class 2 use is compatible with the
neighborhood.
4. 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:
EXAMINER'S RECOMMENDATION - 9
HEARING EXAMINER
FOR THE
lap /zoning /rezones / /ord - faulconer 10/15/94 2 44 PM CITY AND COUNTY OF YAKMA
UAZO RZ #8 -94 / FAULCONER POST OFFICE BOX 4
REZONE ORDINANCE - EXHIBIT A YAKMA. WASHINGTON 98907
MO9) 248 -0706
RECOMMENDATION
1. Approve this rezone application, from R -2 to 15-2, without
requiring any street - related improvements. Certain improvements
will be required as set forth below concerning the Class 2 aspect
of this application.
2. Approve this Class 2 use of an automobile service
facility, subject to the following conditions:
A. A slatted cyclone fence shall be erected screening
customer parking from 18th Avenue. The customer parking area shall
be paved.
H. Parking for drive -up customers and vendors shall be
provided in the existing driveway. The existing driveway shall not
be utilized for storage of cars awaiting or under repair. In
addition, neither the front yard, nor frontage on 18th shall be
utilized for parking of customer cars awaiting service or repairs.
C. At least three paved parking spaces shall be
provided. The driveway servicing the existing house may qualify
for some or all of that parking.
D. The property shall be connected to city water prior
to or concurrent with issuance of a Certificate of Zoning Review.
E. When either septic system currently serving this
property fails, it shall not be repaired, and the entire property
shall be connected to the public sewer system, at the property
owner's expense. The existing private well can then continue to be
used for irrigation purposes only.
Respectfully submitted this 2(7day of September, 1994.
4D--"-1/
PHILIP A .. LAM
Hearing Examiner
EXAMINER'S RECOMMENDATION - 10
HEARING EXAMINER
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CT' AND COUNTY OF YAKMA
UAZO RZ #8 -94 / FAULCONER POST OFFICE BOX 4
REZONE ORDINANCE - EXHIBIT A YAKMA. WASHINGTON 98907
ISM 248 -0706