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Home My WebLink About1995-034 Rezone property , � i ~ ORDINANCE NO. 95 - 34 10 AN ORDINANCE rezoning property located at 4109. Tieton Drive in Yakima, Washington, from Single Family Residential (R -1) to Professional Business (B -1) and amending the zoning map of the Yakima Urban Area accordingly. WHEREAS, on May 11, 1995, the Hearing Examiner held a public hearing on the master application (UAZO RZ #1 -95) submitted by Kendrick & Malane, Attorneys, requesting amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Single Family Residential (R -1) to Professional Business (B -1) of the property located at 4109 Tieton Drive in Yakima, Washington, comprised of Yakima County Assessor's Parcel #181322 - 34017; legally described as: S 294 FT OF W 99 FT OF SE 1/4 SE 1/4 SW 1/4, SEC. 22, TOWNSHIP 13N, RANGE 18 E.W.M. (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 B -1 Districts, the proposal is compatible with the neighborhood, there exists a public 40 need for the proposed rezone; and 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, 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 from Single Family Residential (R -1) to Professional Business (B -1) of the property located at 4109 Tieton Drive in Yakima, Washington, comprised of Yakima County Assessor's Parcel #181322 - 34017, legally described as: S 294 FT OF W 99 FT OF SE 1/4 SE 1/4 SW 1/4, SEC. 22, TOWNSHIP 13N, RANGE 18 E.W.M. (referred to below as "the Subject Property") ID is hereby affirmed. lap /zoning /rezones /kendrick malane ord6/29/95 1:57 PM UAZO RZ #1 -95 / KENDRICK/MALANE REZONE ORDINANCE — Page 1 rt 1 1 Section 2. The Yakima City Council hereby adopts the findings and 4116 conclusions, of the Examiner's Recommendation, contained in the Hearing Examiner's Recommendation, Examiner's No. I95 -2 -23, City No. UAZO RZ #1 -95, 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 the Subject Property is suitable for uses permitted in the B -1 Districts; 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 5 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 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 \ \ of S.,\ y , 1995 r L"7 ATTEST - c,\,., Mayor City Clerk Publication Date: n7 \L\- \S Effective Date: 9,_\--,_., III lap /zoning /rezones /kendrick rnalane ord6/29/95 1:57 PM UAZO RZ #1 -95 / KENDRICK/MAIANE REZONE ORDINANCE — Page 2 41, ISSUED: May 12, 1995 Rezone Application by ) EXAMINER'S RECOMMENDATION ) Kendrick & Malane ) City No: UAZO RZ #1 -95 ) Examiner No. I95 -2 -23 for a Rezone at ) 4109 Tieton Drive, ) from R -1 to B -1 ) The Examiner conducted a public hearing on May 11, 1995. The staff report presented by John Elsden recommended approval. There was no opposition. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. 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 Ili 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. Kendrick & Malane, attorneys. 2. Location. 4109 Tieton Drive, Assessor's parcel number 181322 - 34017. The legal description is set forth in the application and incorporated herein by reference. 3. Application. Rezone for a proposed zone Professional Business (B -1). 4. Proposed Use. Law office. 5. Current Zoning and Use. This property is currently zoned Single Family Residential (R -1), and is occupied by a single family house. EXAMINER'S RECOMMENDATION - 1 lap /zoning /rezones /kendrick rnalane ord6/29/95 1:57 PM HEARING EXAMINER UAZO RZ #1 -95 / KENDRICK/MAIANE FOR THE CITY AND COUNTY OF YAKIMA REZONE ORDINANCE — E)XHIBIT A POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 Adjacent properties have the following characteristics (due to the lot's depth it abuts two parcels on both the east and west side): Location Zoning Existing Land Use North R -1 Single family residence East R -2 Renaissance Nursing Home and single family residence South (across Tieton Avenue) R -1 Eisenhower High School West B -1 Medical Office and single family residence 6. Project Description This is one lot fronting on Tieton which is sandwiched between commercial uses. Kendrick & Malane plan to convert the residence to a law office for their firm's use. Minor modifications will be made to the house, together with installation of a parking lot between the house and the street. Otherwise the configuration of the property, together with existing landscaping and fencing, will remain essentially unchanged. 7. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YCC 15A.23.030.5 are considered below: 411 7.1 Testimony. There was no opposition. An adjacent property owner to the rear expressed concern about the effect of this project on their residential property. Based upon conversations with Kip Kendrick, Mr. and Mrs. Robert Buse, owners of 4206 West Walnut, do not oppose the rezone. 7.2 Suitability of the Property. The property is entirely suitable for commercial uses. 7.3 Agency Recommendations. All recommendations are in favor of the proposal. 7.4 Compliance with Comprehensive Plan and Zoning Ordinance. This is consistent with three objectives of the plan, which include a commitment to provide public services in an economically responsible fashion, to promote development which is compatible with existing uses, and to provide land use controls which are responsive to market demand while still providing a degree of predictability to land use decisions. This proposal 4110 EXAMINER'S RECOMMENDATION - 2 lap /zoning /rezones /kendrick malane ord6/29/95 1:57 PM HEARING EXAMINER UAZO RZ #1-95 / KENDRICK/MALANE CRY AND COUNTY OF YAKIMA REZONE ORDINANCE — EXHIBIT A POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 < p� 40 complies with all specific criteria as well as the objectives of both of the plan and the zoning ordinance. 7.5 Adequacy of Public Facilities This property is well served by all public services, including transit. 7.6 Compatibility. This is the remaining sole residential use in this stretch of Tieton. The nursing home on the east and the medical offices on the west have demonstrated their compatibility with residential uses to the north. This project is consistent with the existing development on Tieton. The staff report recommended several conditions relative to the rezone. Those conditions are more appropriately dealt with in the context of permit approval for modifications to the property. This procedure was reviewed and agreed to by staff during the hearing. 7.7 Public Need. The applicants submitted evidence concerning their search for B -1 property, indicating difficulty in finding available property which is in the right price range and 41 ' adaptable to their uses. This property meets that need. This rezone is consistent with the trend to create more B -1 property on the west side. Aside from public need, there has been a significant change of circumstance in this area of Tieton, given the recent expansion of both the nursing home and relatively recent construction of the two medical office buildings on the west side of this property. These changes are significant, and have occurred since the adoption of the 1986 zoning ordinance. 8. State Environmental Policy Act. A Determination of Non - significance was issued on April 3, 1995, and is now final. 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 EXAMINER'S RECOMMENDATION - 3 lap /zoning /rezones /kendrick malane ord6 /29/95 1:57 PM HEARING EXAMINER UAZO RZ #1 -95 / KENDRICK/MAIANE FOR THE CITY AND COUNTY OF YAKIMA REZONE ORDINANCE - EXHIBIT A POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the B -1 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: RECOMMENDATION Approve this rezone application, from R -1 to B -1. Respectfully submitted this (v day of May, 1995. ._A _/ ra PHILIP A. • B Hearing Examiner • EXAMINER'S RECOMMENDATION - 4 lap /zoning /rezones /kendrick malane ord6/29/95 1:57 PM HEARING EXAMINER UAZO RZ #1 -95 / KENDRICK/MALANE FOR THE , CIT AND COUNTY OF YAKIMA REZONE ORDINANCE — EXHIBIT A POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706