HomeMy WebLinkAbout1995-026 Rezone ORDINANCE NO. 95 - 26
. AN ORDINANCE rezoning lots 8, 9, and 10 of the Plat of Yakima Gateway Center
located at the northeast corner of North 10th Street and East "A"
Street in Yakima, Washington, from Multi- Family Residential (R-
3) to Central Business District Support (CBDS) 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 #11 -94) submitted by First Western Development
Services, on behalf of Gary D and Mary M. Lukehart, requesting rezone of real
property located at the northeast corner of North 10th Street and East "A" Street in
Yakima, Washington, and legally described as:
Lots 8, 9, and 10 of the Plat of Yakima Gateway Center, Auditor's File No.
3067500 recorded in Volume 'DD' of plats, Pg. 75, Records of Yakima
County, Washington
(hereinafter referred to as the "Subject Property "), from Multi - Family Residential
(R -3) to Central Business District Support (CBDS) 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 CBDS
Zoning District; and ,
WHEREAS, the proposed rezone:
• would give effect to the testimony before the hearing examiner; and
• was, on the assumption that conditions on the underlying plat be
satisfied, supported by the City Department of Community Development,
Staff Report and comments and the comments of other interested City
departments and other agencies; and
• is consistent with the requirements and considerations generally set
forth in Yakima Municipal Code Chapter 15.23, and
• will enjoy adequate 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
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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 Local Business District (B -2) of the 18,750 square
foot lot located at 1317 South Sixth Street in Yakima, Washington, (Yakima County
Assessor's Parcel #191330 - 13416), and corresponding amendment of the Official
Yakima Urban Area Zoning Map is hereby affirmed.
Section 2 With the exception of the legal description of the Subject Property
appearing on page 2 under Finding #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 #11 -94, a true copy of which is attached to this ordinance as Exhibit "A" and
is incorporated herein by reference. The correct legal description of the Subject
Property should read.
Lots 8, 9, and 10 of the Plat of Yakima Gateway Center, Auditor's File No.
3067500 recorded in Volume 'DD' of Plats, Pg. 75, Records of Yakima
County, Washington.
• Section 3 The City Council formally finds that the Subject Property is suitable
for uses permitted in the CBDS Zoning District; and that the proposed rezone: would
give effect to the testimony before the hearing examiner; was, on the assumption
that conditions on the underlying plat be satisfied, supported by the City Department
of Community Development, Staff Report and comments and the comments of other
interested City departments and other agencies, is consistent with the requirements
and considerations generally set forth in Yakima Municipal Code Chapter 15 23, will
enjoy adequate 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
Central Business District Support (CBDS)
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
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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 C 1 4 � day of
1995
ATTEST Mayor
City Clerk
Publication Date: 5 - \a -
Effective Date: - \\ -°\�
110
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OFFICE OF HEARING EXAMINER PRO TEM
FOR THE
• CITY AND COUNTY OF YAKIMA
JAMES K. ADAMS YAK (509)248 -428
YAKIMA, WASHINGTON 98901
FAX. (509) 575 -5661 RECEIVED
MAR 01 1995
In Re Application for ) EXAMINER'S DECISION CITY YAK�MA
Rezone Application of ) COMMUNITY DEyELOPeNT
First Western Development ) City No. UAZO RZ #11 -94
by Gary and Mary Lukehart ) UAZO EC #45 -94
) Examiner's No. 1- 95 -2 -17
_INTRODUCTION
This is an application to rezone three (3) lots of the
Gateway Center Plat adjoining the "Target" store site on the
west. The lots are currently zoned R -3, Multi - Family
Residential. The application requests that the lots be rezoned
to CBDS, Central Business District Support. The Staff Report was
prepared and presented by Joan Davenport. Staff recommended
approval of the application.
A public hearing was held on Thursday, February 23, 1995
wherein the Staff Report was presented. Mr. Gary Lukehart
appeared and spoke in support of his application. No others
appeared. The Hearing Examiner Pro Tem conducted a site visit on
Monday, February 22, 1995.
SUMMARY OF DECISION
Based upon the site visit and upon the considerations set
forth in YMC 15.23.030(e), the Hearing Examiner Pro Tem
recommends that the application for rezone be approved.'
FINDINGS
1. Applicant. First Western Development of Washington IV
and Associates, Inc.
• —f—
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UAZO RZ #11 -94 / LUKEHART /lst WESTERN
REZONE ORDINANCE — EXHIBIT A
2. j,ocation. The subject property is located northeast of
• "A" Street and east of North 10th Street. The lots will be known
as 1001, 1011 East "A" Street, Yakima, Washington, and are
legally described as follows:
Lots 8, 9, 10 6 11 of the Plat of Yakima
Gateway Center, Auditor's Fee No. 3067500
recorded in Volume DD of Plats, page 75,
records of Yakima County, Washington.
Situated in Yakima County, Washington.
3. application. The application is to rezone the above
described real property which contains 69,497 square feet from R-
3, Multi - Family Residential District to CBDS, Central Business
District Support.
4. Proposed Zone. CBDS, Central Business District Support.
5. proposed Use. Commercial business.
6. Current Zoning and Use. The current zoning is R -3
• Multi - Family Residential and the property is vacant.
7. Project Description. Lots 8, 9 and 10 contain 23,643
square feet, 26,552 square feet and 26,374 square feet
respectively. There are no current plans for development of this
property other than it will be used for commercial business
purposes in support of the larger Gateway Retail Center.
8. Yakima Urban Area Zoning Ordinance. The criteria for a
rezone are set forth in YMC 15.23.030 (e) and are considered
below
8.1 Testimony. In addition to the Staff Report
presented by Joan Davenport, Gary Lukehart spoke in support of
the rezone. No other persons appeared either supporting or
opposing the proposed rezone. As stated above, Staff recommended
approval of the rezone.
• -2- !.EAF2AG MIMES PROTHU
FOR THE
CITY AND COUNTY OF YNGAA
411 PART14 SEGO D STAEET
(509) 248 -4282
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UAZO RZ #11 -94 / LUKEHART/lst WESTERN
REZONE ORDINANCE — EXHIBIT A
{ 8.2 Suitability of the Property. Location of the
• property is well suited for commercial use due to its proximity
to existing and planned commercial land uses. Commercial
development of the three lots would enhance the pedestrian and
business connection between the Gateway Retail Center and the
existing Chamber of Commerce, Convention Center and Holiday Inn.
The three lots have a total frontage along "A" Street of 346 feet
with a total land area of 69,497 square feet (1.6 acres). The
lots meet the standards required for lots in a Central Business
District Support Zone. A broad range of land uses could be
located on these three lots or the lots could be combined to
accommodate a larger tenant.
8.3 Agency Recommendations. All agencies and city
departments indicate that public services are available to the
site and that this rezone would not create any difficulties for
service delivery provided the conditions imposed on the Gateway
• Center final plat are applied to this rezone. Based upon this
conclusion the Staff recommended approval.
8.4. Compliance with the Comprehensive Plan.
Consideration of three general criteria is required in the
decision making process for rezone. These three criteria are:
1) provision of public services and facilities; 2) land use
compatibility; and 3) compliance with the urban area goals and
policies.
8.4.a Provision of Public Services and Facilities. The
proposed rezone is well served by existing or planned public
services. Previous approvals have committed this area to
extensions of a sewer line along East "A" Street as well as an
enhanced water system and a new, relocated "A" Street including
sidewalks on both sides of "A" Street and improvements to North
10th Street.
411 -3- P APVGDWAN E P D,.
FOR THE
CITY AND COMITY OF YA D.V4
411 NCRTH SECOND STREET
(509) 2484282
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UAZO RZ #11 -94 / LUKEHART /1st WESTERN
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1 8.4.b Compatibility of Proposed Use. The activities or
• aspects of land use type that influence compatibility with uses
include traffic, polution, light, and economic value.
Anticipated traffic for the lots, if rezoned, is expected to
equal anticipated traffic for any development of the lots as
multi - family residential property. It is anticipated that
development of this area will cause air, dust, odor, noise and
visual polution. However, the direct impact on the neighborhood
can be mitigated by focusing activity to East "A" Street rather
than East 10th Street. It is anticipated that there will be
parking lot lights, outside building lights and sign and
advertising lights. However, due to the nature of the overall
neighborhood and the orientation of activity to East "A" Street,
this does not appear to be a serious problem. A rezone of this
property to CBDS will enhance the value of surrounding
properties. Finally, because of the lack of any opposition to
• this application and the public's demonstrated desire to develop
the Gateway Retail Center, citizen preference would appear to
support this rezone.
8.4.c Compliance with Urban Area Goals and Policies.
The Urban Area Planned Development Trends Map designates the area
in question as "urban ". Under this designation, CBDS permitted
uses located along an arterial, are permissible if the
compatibility concerns of the surrounding neighborhood can be
dealt with. The .project is compatible with the surrounding
neighborhood with mitigation directed by site orientation and
site development standards.
8.5 Public Need. The proposed rezone would reenforce
the commercial development of the Gateway Retail Center. The
public need is met by enhancing the commercial opportunities in
-4- HEARTGIE A NERFRD1EV
FORTFf
CRY MID COUNTY OF YAKIMM
411 NORTH SECOND STREET
('S09) 246 -4282
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UAZO RZ #11 -94 / LUKEHART /lst WESTERN
REZONE ORDINANCE — EXHIBIT A
the City of Yakima. The public need for housing is not being
impacted in a negative fashion by the rezone as the property has
not been developed for housing.
9. State Environmental Policy Act (SEPA). A
Determination of Non - Significance was issued January 12, 1995.
The comment ended on January 27, 1995. No significant agency
comments were received related to the DNS.
10. Public notice of the hearing was provided in
accordance with the Urban Area Zoning Ordinance.
From the foregoing Findings, the Examiner makes the
following:
CONCLUSION
1. The Hearing Examiner Pro Tem 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 by orienting activity
toward "A" Street and by site design standards; and there is a
public need for the proposed change.
3. All notice provisions of the ordinance have been
complied with.
DECISIONS
Based upon the foregoing Findings and Conclusions, the
Hearing Examiner Pro Tem submits to the Yakima City Council the
following recommendation: Approve the rezone from R -3 Multi -
Family Residential District to CBDS, Central Business District
Support.
Respectfully submitted this o2 day of February, 1995.
JAMES K. ADAMS
Hearing Examiner Pro Tem HuamEwmAtmmom m
FORTY
WY AND COUNTY OF YAIW
-5- 411 NORTH SECOND STREET
(509) 248-4282
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UAZO RZ #11 -94 / LUKEHART/lst WESTERN
REZONE ORDINANCE -- EXHIBIT A