HomeMy WebLinkAbout1995-027 Rezone ORDINANCE NO. 95 - 21
® AN ORDINANCE rezoning one 18,750 square foot lot located at 1317 South Sixth
Street north of East Nob Hill Boulevard in Yakima, Washington,
from Two Family Residential (R -2) to Local Business District (B -2)
and amending the zoning map of the Yakima Urban Area
accordingly
WHEREAS, on February 23, 1995, the Hearing Examiner held a public hearing
on the application (UAZO RZ #6 -94) submitted by Mr Gabriel Montes de Oca,
requesting rezone from Two Family Residential (R -2) to Local Business District (B -2)
of one 18,750 square foot lot located at 1317 South Sixth Street in Yakima, Washington
(Yakima County Assessor's Parcel #191330 - 13416), (hereinafter referred to as the
"Subject Property "), and requesting corresponding amendment of the Official
Yakima Urban Area Zoning Map; and
WHEREAS, as a result of that hearing and review of the pertinent record, the
Hearing Examiner has recommended to the City Council that the requested rezone be
granted, and
WHEREAS, the Subject Property is suitable for uses permitted in the B -2
District; and ,
WHEREAS, the proposed rezone:
• would give effect to the testimony before the hearing examiner; and
• was neither supported nor opposed by any interested agencies or
PP Y Y g
departments; and
• is consistent with the requirements and considerations generally set
forth in Yakima Municipal Code Chapter 15.23, and
• does not create a situation resulting in inadequate public facilities; and
• is compatible with the neighborhood, 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,
• accommodates a public need, 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 rezone
from Two Family Residential (R -2) to to Local Business District (B -2) of the 18,750
square foot lot located at 1317 South Sixth Street in Yakima, Washington, (Yakima
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UAZO RZ #6 -94 / MONTES DE OCA
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County Assessor's Parcel #191330 - 13416), and corresponding amendment of the
• Official Yakima Urban Area Zoning Map is hereby affirmed.
Section 2 The Yakima City Council hereby adopts the findings and conclusions
of the Examiner's Recommendation, contained in the Hearing Examiner's
Recommendation After Remand, Examiner No. I95 -2 -19, City No UAZO RZ #6 -94, a true
copy of which is attached to this ordinance as Exhibit "A" and is incorporated herein
by reference.
Section 3 The City Council formally finds that the Subject Property is suitable
for uses permitted in the B -2 Zoning District; and that the proposed rezone would
give effect to the testimony before the hearing examiner, was neither supported nor
opposed by any interested agencies or departments, is consistent with the
requirements and considerations generally set forth in Yakima Municipal Code
Chapter 15 23, does not create a situation resulting in inadequate public facilities, is
compatible with the neighborhood, 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 accommodates a
public need. The Subject Property shall be rezoned as Local Business District (B -2)
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 a certified
copy of this ordinance with the Yakima County Auditor; 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 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
, 1995
ATTEST Mayor
City Clerk
Publication Date:
Effective Date:
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RECEIVED
MAR 0 71995
ISSUED: MARCH 3, 1995
• CITY OF YAKIMA
Rezone Application by ) EXAMINER'S RpION
AFTER REMAND
)
GABRIEL MONTES de OCA ) CITY NO: UAZO R2 116 -
) UAZO EC 21 -94
from R -2 to B - ) Examiner No. 195 -2 -19
The Examiner conducted a public hearing on February 23, 1995.
Staff Report presented by Joan Davenport recommended approval.
There was no opposition.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval
of the rezone.
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:
FINDINGS
1. City Council Remand. The prior recommendation involved
a proposed rezone from R -2 to CBDS. The City Council on February
7, 1995 remanded to the Hearing Examiner for consideration of a
possible rezone to B -2 rather than CBDS. The property was
advertised and posted for the new rezone, with the consent of the
applicant. The Examiner's second hearing on February 23 resulted
in one lady from the east side concerned about maintaining the
residential character of neighborhoods. There was no opposition.
Because the underlying facts facts are essentially the same, almost
all of the prior recommendation is set forth verbatim herein. The
same factors supporting the rezone exist whether it is to CBDS or
B -2.
IIP EXAMINER'S RECOMMENDATION
AFTER REMAND- 1
HEARING EXAM INER
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POST OFFICE BOX 4
REZONE ORDINANCE — EXHIBIT A YAKIMA . WASHINGTON 98907
(509)248.0706
2. Applicant. Gabriel Montes de Oca.
3. Location. 1317 South 6th Street, Assessor's parcel
number 191330- 13416.
4. Application. Rezone.
5. Proposed Zone. Local Business (B -2)
6. Proposed Use. Mexican gift, furniture and specialty
store.
7. Current Zoning and Use. The subject area is currently
zoned R -2 and is occupied by a single family house. The property
has 75 feet of frontage on South 6th Street and is approximately
250 feet in depth. Directly north of this site are four single
family homes which were constructed by Habitat for Humanity, with
the assistance of the Yakima Housing Services Office, and are now
owner- occupied. South of this proposed rezone site is "Alicia's
Fine Mexican Products ", which was established in 1989, when the
City approved a rezone to expand the CBDS zoning district.
Adjacent properties have the following characteristics:
Location Zoning Existing Land Use
North R -2 Single family residential
East R -2 Single family residential
West CBDS Vacant lot, mixed
commercial
South CBDS Retail (Alicia's Mexican
Products)
South 6th Street is designated as a minor arterial, which
carries 8,500 average vehicle trips per day. The subject site is
approximately 150 feet north of East Nob Hill Boulevard, which is
a principle arterial and carries 22,100 vehicle trips per day.
8. Project Description. The existing single family home
would be modified to accommodate retail sales. The property would
be improved with a paved parking lot and sign. The focus would be
on providing Mexican novelties not commonly available within the
city. The proposed store would cater to the market demand from the
immediate neighborhood.
• EXAMINER'S RECOMMENDATION
AFTER REMAND- 2
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UAZO RZ #6 -94 / MONTES DE OCA CITY AND COUNTY OF YAKIMA
REZONE ORDINANCE - EXHIBIT A YAKIM WASSHINGTON
(509) 248 -0706
Substantial evidence and testimony was received at the
r hearing concerning neighborhood support. A petition was filed
(Exhibit 1), consisting of two pages with 49 signatures by
relatives of the applicant, all supporting this with many living in
the immediate area. Testimony indicated that it is customary to
have substantial family support for businesses of this type. It is
that family support which in fact has made possible the purchase by
the applicant of the property.
The traffic to be generated is not expected to be
significant. However, if there is substantial traffic the lot is
large enough to accommodate considerable parking, and is
immediately adjacent to the Nob Hill Blvd. arterial.
9. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030.5 are considered below:
9.1 Testimony. The testimony was summarized above in
Section 7 concerning the project description.
9.2 Suitability of the Property. This property is
level, and basically undeveloped. It is within one block of a
principal arterial, and is located on a minor arterial.
9.3 Agency Recommendations. No objections were received
from any government agencies. Shelley Wilson Traffic Engineering
recommends dealing with street parking issues only if it becomes a
problem in the future.
9.4 Compliance with Comprehensive Plan and Zoning
Ordinance. This proposal is responsive to the directive in the
plan to be responsive to market demand, particularly where public
services can be economically provided and compatibility problems
can be resolved. (Plan, OLU -2). It will meet all zoning ordinance
criteria. Compatibility issues are dealt with below.
9.5 Adequacy of Public Facilities. The parcel is
well served by streets, water, sewer, and transit. Although South
6th Street is a minor arterial, it does not have a sidewalk along
this property. When Alicia's was built, on the corner, they
extended sidewalk a short distance on 6th from the intersection
EXAMINER'S RECOMMENDATION
AFTER REMAND- 3
HEARING EXAMINER
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FOR THE
UAZO RZ #6 -94 / MONTES DE OCA CRY AND COUNTY OF YAKIMA
POST OFFICE Box 4
REZONE ORDINANCE - EXHIBIT A YAKIMA. WASHINGTON 98907
(509) 248-0706
with Nob Hill. That sidewalk does not continue along the entire
frontage of the Alicia property. The reason for this is unknown.
The four Habitat for Humanity houses were built on
two lots which were apparently both short platted. The rear lots
share a common access with their respective front lots, to 6th
Street. It appears that the existing curb cuts were utilized. For
some reason no sidewalk was required there, nor are the driveways
paved, as is normally required by the zoning ordinance. Why this
was permitted is unknown.
There is a sidewalk on 6th Street on the west side.
YMC Section 14.30.080 requires that sidewalks be located on both
sides of arterials. It is appropriate to require installation of
sidewalk on this property frontage, in conjunction with issuance of
any permits necessary to redevelop this property. It is also
appropriate to require that the driveway and parking be paved. It
seems more reasonable to impose the requirement when the property
actually redevelops, than as part of the rezone itself.
9.6 Compatibility. This is the significant issue. The
question is continually presented as to where to draw the line
between business and residential zoning. The Ghanbari rezone
application on 16th just north of Fruitvale resulted in denial of
that request. The Hunter rezone went through many permutations
prior to approval. The Faulkner rezone request on Summitview by
the fire station is another example.
This is a recommendation for the rezone, because of
differences in this property and neighborhood from the others.
This area is more clearly one going through redevelopment. The
houses built by Habitat for Humanity are on the next lot north.
There are a number of vacant lots in the immediate neighborhood.
This one is very large and nearly vacant, but for the small house.
The issue here is whether this should be encouraged to be
redeveloped as residential or as business. The line clearly will
be on one side or the other of this lot. If the rezone were
denied, the business /residential boundary would be on the north
EXAMINER °S RECOMMENDATION
AFTER REMAND- 4
HEARING EXAMINER
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FOR THE
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POST OFFICE BOX 4
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(509) 248 -0706
side of Alicia's lot. If approved, the line will be between this
• project and the Habitat for Humanity houses. None of the owners of
those houses objected to this request. This is a significant
difference from other often similar proposals. Furthermore, recent
similar rezone proposals deal with conversion of property which is
already in reasonably good shape. This lot needs something done to
it, and it will make little difference to the neighborhood whether
the business zone is extended one more lot. The reality is that
the zone will not extend farther north because of the recent
Habitat development. Other cases sometimes present the problem of
where to draw the line, once you start moving it. This case does
not have that problem.
Clearly from the evidence, and the complete lack of
opposition from anyone in the neighborhood, this project is
compatible.
9.7 Public Need. The evidence establishes substantial
desire for a retail facility offering this type of Mexican
products. It is clear that there has been a substantial growth in
the Hispanic community. It is also clear from physical inspection
of this neighborhood that there is not an abundance of retail
facilities located in and able to serve the immediate
neighborhoods. Although the evidence concerning public need in
this case is relatively limited, there is no opposition, and all
compatibility concerns have been met. Use of the B -2 zone, rather
than CBDS, helps buffer adjacent residences from the more intense
uses permitted in CBDS. Furthermore, the deterioration of this
property, and the need to encourage its redevelopment, constitutes
a substantial change of circumstance which has occurred since the
prior zoning of this property.
10. State Environmental Policy Act. A Determination of Non -
significance was issued on September 30, 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:
EXAMINER'S RECOMMENDATION
AFTER REMAND- 5
HEARING EXAMINER
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UAZO RZ #6 -94 / MONTES DE OCA CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
REZONE ORDINANCE — EXHIBIT A YAKMA. WASHINGTON 98907
(509) 248 -0706
CONCLUSIONS
• a. 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. 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 -2 to B -2.
Although not a condition of the rezone, renovation and
conversion of the house to retail should require installation of a
sidewalk on the property's 6th Street frontage. Those improvements
411 should be required as part of the parking lot and building permit
process. This should be handled administratively, not as part of
the rezone. Alternatively, the rezone could be approved by the
Council, with actual execution of the ordinance contingent upon
completion of the frontage improvements.
Furthermore, the property should be limited to one curb cut
onto 6th.
Hearing testimony from Traffic Engineer Shelley Wilson
indicated that the issue of on- street parking can more readily be
dealt with in the future, if it becomes a problem. There is no
history of any problem or complaints concerning on- street parking
in this vicinity. Sixth Street is more than adequate to handle
parking on both sides of the street. Furthermore, this property
has substantial on -site parking capabilities. Both City
Engineering and the City Council can take appropriate action in the
future, if necessary, to deal with on- street parking concerns.
EXAMINER'S RECOMMENDATION
AFTER REMAND- 6
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UAZO RZ #6 -94 / MONTES DE OCA cm AND COUNTY OF YAKIMA
REZONE ORDINANCE — EXHIBIT A YAKIMA OFFICE WASHINGTON 98907
(509) 248 -0706
Respectfully submitted this e l day of March 1995.
t
PHILIP A. LAMB
Hearing Examiner
S
EXAMINER'S RECOMMENDATION
AFTER REMAND- 7
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UAZO RZ #6 -94 / MONTES DE OCA crrr AND COUNTY OF YAKIMA
REZONE ORDINANCE — EXHIBIT A POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706