HomeMy WebLinkAbout1995-042 Rezone property V - -- --
ORDINANCE NO. 95 - 4 2
0
AN ORDINANCE rezoning 6 acres located in the vicinity of 3801 River Road in
Yakima, Washington, from Light Industrial (M -1) and Small
Convenience Center (SCC) to Central Business District Support
(CBDS) and amending the zoning map of the Yakima Urban Area
accordingly.
WHEREAS, on July 27, 1995, the Hearing Examiner held a public hearing on the
application (UAZO RZ #3 -95) submitted by Butler -Haney Properties, requesting
amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima
and rezone from Light Industrial (M -1) and Small Convenience Center (SCC) to
Central Business District Support (CBDS) of 6 acres located in the vicinity of 3801
River Road in Yakima, Washington, comprised of Yakima County Assessor's Parcels
#181315 - 12012, 12023, 12037, (referred to below as "the Subject Property "); and
WHEREAS, as a result of that hearing and review of the record, the Hearing
Examiner recommended to the City Council that the requested rezone be granted, and
WHEREAS, the Subject Property is suitable for uses permitted in the Central
Business District Support (CBDS) District; the proposal is compatible with the
neighborhood, there exists a public need for the proposed rezone; and the proposed
0 rezone 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, 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; 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 rezone
from Light Industrial (M -1) and Small Convenience Center (SCC) to Central Business
District Support (CBDS) of 6 acres located in the vicinity of 3801 River Road in
Yakima, Washington, comprised of Yakima County Assessor's Parcels #181315 - 12023,
12037, 12021, legally described as:
III
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UAZO RZ #3 -95 / BUTLER -HANEY
REZONE ORDINANCE — Page 1
ASSESSOR'S PARCEL 181315 -12012
Beginning at the North 1/4 corner of Section 15, Township 13 North, Range 18,
410
EW.M.,
thence South 254 feet;
thence South 26 °19' East 230 feet;
thence South 56 °19' East 128 feet;
thence South 66 °49' East 80 feet;
thence South 57 °35' East 100 feet;
thence South 68 °21' East 100 feet;
thence South 82 °21' East 138 feet;
thence South 536.5 feet to the true point of beginning;
thence South 150 feet;
thence North 89 °26' West 100 feet
thence North 150 feet;
thence South 89 °26' East 100 feet to the true point of beginning.
EXCEPT right of way for road along the South line thereof.
ASSESSOR'S PARCEL 181315 - 12023:
That part of the Northwest quarter of the Northeast quarter of Section 15,
Township 13 North, Range 18 East, W. M., lying Southerly of a line which is
10.00 feet North of, as measured at right angles to and parallel with, the
centerline of the Broadgauge Ditch as it now exists; and East of a line described
as follows:
Beginning at a point on the centerline of River Road which is 606.60 feet
North 89 °58'30" East of the intersection of the centerline of said River Road
with the West line of the Northeast quarter of said Section 15; thence North to
a line which is 10.00 feet North of, as measured right angles from the
centerline of the Broadgauge Ditch, as it now exists, and the terminus of said
described line.
EXCEPTING THEREFROM THE FOLLOWING:
1.) That part thereof lying Easterly of the following described line:
Commencing at the Southeast corner of the Northwest quarter of the
Northeast quarter of said Section 15, thence North 89 °08'44" West along the
South line of the Northwest quarter of the Northeast quarter of said section 15,
a distance of, 357.82 feet to the point of beginning of said described line;
thence North 1 °09'16" East to a line which is 10.00 feet North of, as measured at
right angles from the centerline of the Broadgauge Ditch, as it now exists, and
the terminus of said described line.
2.) Right of Way for said Broadgauge Ditch, if any
3.) Right of Way for River Road, if any
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UAZO RZ #3 -95 / BUTLER HANEY
REZONE ORDINANCE — Page 2
ASSESSOR'S PARCEL 181315 - 12037:
• Beginning at the North 1/4 corner of Section 15, Township 13 North, Range 18,
EW.M.,
thence South 254 feet; •
thence South 26 °19' East 230 feet;
thence South 56 °19' East 128 feet;
thence South 66 °49' East 80 feet;
thence South 57 °35' East 100 feet;
thence South 68 °21' East 100 feet;
thence South 82 °21' East 138 feet;
thence South 536.5 feet to the true point of beginning;
thence North 89 °26' West 100 feet;
thence North to a point 183 feet North of the center line of River Road;
thence North 89 °58'30" East 100 feet;
thence South to the true point of beginning.
Situated in Yakima County, State of Washington.
(referred to below as "the Subject Property")
is hereby affirmed.
Section Z. The Yakima City Council hereby adopts the findings and
conclusions, of the Examiner's Recommendation, contained in the Hearing
00 Examiner's Recommendation, Examiner's No. I95 -2 -33, City No. UAZO RZ #3 -95, a true
copy of which Examiner's Recommendation is attached to this ordinance as Exhibit
"A" and incorporated herein by reference.
Section 3 The City Council formally finds that the Subject Property is suitable
for uses permitted in the Central Business District Support (CBDS) District•, that the
proposal is compatible with the neighborhood, that there exists a public need for the
proposed rezone; and that the proposed rezone 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.
Section 4 The Official Yakima Urban Area Zoning Map within the City of
Yakima shall be amended to correspond to the rezone ordained by Section 3.
Section S. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance; and
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
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UAZO RZ #3 -95 / BUTLER -HANEY
REZONE ORDINANCE — Page 3
obtains an appropriate writ of judicial review from the Yakima County Superior
Court for the purpose of review of the action taken.
41
PASSED BY THE CITY COUNCIL, signed and approved this aQ - day of
, 1995.
QCGt /P
ATTEST: Mayor
1 . <etiu -w 1 126 LVY�C�
City Clerk
Publication Date: SI - a5
Effective Date: (3 I - ay - O tis
r
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UAZO RZ #3 -95 / BUTLER -HANEY
REZONE ORDINANCE — Page 4
0 I88UED: JULY 28, 1995
Rezone Application by ) EXAMINER'S RECOMMENDATION
)
Butler /Haney for Property Near) CITY NO. UAZO RZ 03 -95
3801 River Road, from 11-1 )
and 8CC to CBDS ) Examiner No. I95 -2 -33
)
The Examiner conducted a public hearing on July 27, 1995. The
staff report presented by Dan Valoff recommended approval. There
was no opposition. The Examiner inspected the property prior to
the hearing.
SUMMARY OF RECOI1XENDATION. The Examiner recommends approval.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
•
Yakima P 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. Butler -Haney Properties.
2. Location. Vicinity of 3801 River Road; Assessor's parcel
numbers 181315- 12023, 12037, and 12012.
The legal description is set forth in the application and
incorporated herein by reference.
3. Application. Rezone.
4. Proposed Zone. Central Business District Support (CBDS).
5. Current Zoning and Use. One parcel of the subject
property is zoned Small Convenience Center (SCC). Two parcels are
zoned Light Industrial (14-1). The 5.68 acres of 14-1 property is
currently vacant. The .35 acre SCC parcel has a small single
6 family house.
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR R THE
R H
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FOR THE OF VAX IM,
UAZO RZ #3 -95 /BUTLEANEY S ' O ' T OFFCE BOX °
REZONE ORDINANCE — EXHIBIT A rAKNU►. WASHINGTON 9e
989C
Land use and zoning on adjacent properties:
Location Zoning Existing Land Use
North SCC Restaurant
East M -1 Hardware store
South R -2 City park
West SCC Restaurant /Retail
This proposed rezone abuts the Bi -Mart property to the west.
The North 40th Avenue and Fruitvale area was annexed into the city
in January, 1991. Since then development has included the Fred
Meyer store, Taco Bell restaurant, full service car wash, Perkins
restaurant and McDonalds restaurant. The relatively new AM /PM
Convenience store and gas station was developed prior to the 1991
annexation.
The 5.68 acres of M -1 property have historically been used as
a farm implement business and an equipment storage yard for Simcoe
Construction. This site has recently completed a remedial
environmental clean up for removal of soils contaminated by past
users. One acre has been set aside in its own parcel for current
and future monitoring of any further ground water contamination.
1 110
This property has substantial frontage on River Road, together
with a 40 foot wide nonexclusive access easement to Fruitvale Blvd.
The easement is located adjacent to the north line of adjacent
properties to the east, also owned by Butler- Haney. (Assessor
parcel numbers 181315 -12022 and 12024).
6. Project Description. This is a straight rezone. No
development proposal or site plan is under review. However, the
applicants are currently planning a motel on the north portion of
the site. Later development of the southern portion of the
property, fronting River Road, is likely to contain typical retail
uses consistent with CBDS zoning.
Development of the property will include appropriate frontage
improvements required during plan review of specific development
proposals. The applicant is aware of and plans to comply with
requirements concerning extension of water and sewer mains,
together with frontage improvements on River Road consistent with
those recently installed in conjunction with the Perkins
EXAMINER'S RECOMMENDATION - 2
NEARING EXAMINER
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UAZO RZ #3 -95 /BUTLER -HANEY CRY e X 4 cMA
POST OFFICE REZONE ORDINANCE - EXHIBIT A YAKMA. WASH INGTON 98907
1509) 2484706
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restaurant.
7. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030(5) are considered below:
7.1 Testimony. All testimonies supported this proposal.
There was no opposition.
7.2 Suitability of the Property. This property is
entirely suitable for CBDS type development. It is level, will be
_served with all utilities, and has good arterial access.
7.3 Agency Recommendations Actual development will
require a number of site improvements, including street frontage
improvements, and utility line extensions. All agency
recommendations were positive.
7.4 Compliance With Comprehensive Plan and Zoning
Ordinance. This proposal is consistent with both the plan and the
ordinance. This proposal complies with plan objectives which
include provision of public services in an economically responsible
manner, compatibility with existing uses, and land use controls
which are predictable but also responsive to market demand. This
proposal is also consistent with the purpose of the CBDS zone as
reflected in the ordinance.
7.5 }Adequacy of Public Facilities The extension of
utilities and the requirement for and timing of frontage
improvements will be coordinated by the city in conjunction with
the developer during actual plan review of specific development
proposals. Upon completion, all public facilities will be
adequate.
7.6 Compatibilitv. There are no objections to this
rezone from adjacent uses. Physical inspection and a review of
recent development activity in this area clearly establishes that
the uses permissible in the CBDS zone are consistent with existing
and prospective uses. Chesterly Park, Right Hardware, the Fred
Meyer store, and various eating establishments have been developed
within roughly the last five years. This area has in that time
41 gone through a substantial transition from vacant and
underdeveloped property to uses consistent with CBDS zoning.
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
lap /zoning /rezones/butler -haaey ord8 /17/95 12:23 PM FOR THE
UAZO RZ #3 -95 /BUTLER -HANEY CITY � COUN'TY OF
OFFICE SOX 4
REZONE ORDINANCE — EXHIBIT A YAKMA. WASHINGTON 99907
MOM 249 -0706
7.7 Public Need. The public need is reflected by market
forces which have generated the changes in this area outlined
above. The same changes constitute a substantial change of
circumstance which has occurred since adoption of the Urban Area
Zoning Ordinance in 1986, and which therefore justify, under both
state law and local ordinance, this rezone.
8. State Environmental Review. A Determination of Non-
- significance was issued by the city on June 15, 1995. The comment
and appeal periods have expired. 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
the Yakima Urban Area Comprehensive Plan and to the intent of the
Yakima Urban Area Zoning Ordinance; the property is suitable for
uses permitted in the CBDS District; 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:
jtECOMMENDATION
Approve this rezone application, from SCC and M -1 to CBDS.
Respectfully submitted this - 2.-1? day of July, 1995.
PHILIP A.
Hearing Examiner
•
EXAMINER'S RECOMMENDATION - 4
NEARING EXAMINER
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UAZO RZ #3 -95 /BUTLER -HANEY POST OFFICE BOX 4
REZONE ORDINANCE — EXHIBIT A YAXMA. WASHINGTON 9890'
(509) 24e -0706