HomeMy WebLinkAbout1994-038 Zoning near 2600 Racquet Lane • ORDINA.NCE NO. 94 - 38
AN ORDINANCE relating to zoning; rezoning property located near 2600 Racquet
Lane in Yakima, Washington from Light Industrial (M -1) to
Multi- Family Residential (R -3); amending the zoning map of the
City of Yakima; subject to certain conditions.
WHEREAS, on April 14, 1994, the Hearing Examiner held a public hearing on an
application submitted by Marchal Tyler Irwin for rezone from M -1 (Light Industrial)
to R -3 (Multi - Family Residential) of property located near 2600 Racquet Lane in
Yakima, Washington, legally described as
That part of the W 1/2 of the SE 1/4 of the NW 1/4 Section 35 T13N
R18EWM lying North of Washington Avenue and the West 50.0' of
the E 1/2 of the SE 1/4 of the NW 1/4. Except the North 25 0' for
road R/W
, and
WHEREAS, as a result of that hearing the Hearing Examiner recommended to
the City Council that the rezone be granted, and
4 WHEREAS, at its public meeting on July 19, 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 said recommendation subject to certain conditions;
now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The decision of the Hearing Examiner recommending the rezone
from M -1 (Light Industrial) to R -3 (Multi - Family Residential) of property located
near 2600 Racquet Lane in Yakima, Washington, legally described as:
That part of the W 1/2 of the SE 1/4 of the NW 1/4 Section 35 T13N
R18EWM lying North of Washington Avenue and the West 50.0' of
the E 1/2 of the SE 1/4 of the NW 1/4 Except the North 25.0' for
road R/W
is hereby affirmed subject to certain conditions set forth in Section 2 below; and the
above - described real property will be rezoned to R -3 (Multi - Family Residential) upon
satisfaction of all of the conditions precedent set forth in Section 2 below
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UAZO RZ #1 -94 / M.T. IRWIN
REZONE ORDINANCE — Page 1
Section 2 This rezone is expressly made subject to the following conditions
precedent, all of which must be satisfied within three (3) years after the approval
date of this ordinance:
A. The applicant or any successor in interest shall provide notice to any
transferee, lessee or other person acquiring either possessory or security
interest in the real property and any development thereon that:
1) The subject property was formerly zoned M -1 and is likely to remain
adjacent to or otherwise in close proximity to properties which remain
zoned M -1 (YMC 15 03 030 (12)). Such properties may involve any of the
uses and associated activities allowed in the M -1 zone, including
particularly but without limitation. a) commercial truck traffic and the
presence of commercial trucks and other machinery associated with
light manufacturing, storage and distribution facilities, and b) noise,
light, odors and fumes greater than would normally be encountered in
other residential zoning districts.
2) The subject property lies within the Airport Overlay District (YMC 'aF
15 03 030 (14)) This overlay district lies in close proximity to the
Yakima Air Terminal and is intended to protect and the growth and
development of Air Terminal operations from complaints about aviation '•
and air transportation activities associated with the Air Terminal. Such
activities may occur at any time of day or night and may, without
limitation, include a variety of airplanes and helicopters taking off and
landing, conducting "touch and go" runway exercises, military flight
operations, and events such as the Yakima Air Fair which involve a
wide variety of aerial exhibitions. Air Terminal operations may
normally involve levels of noise and other sensory effects greater than
and /or otherwise distinct from the environment in other residential
zoning districts.
B) The covenants or other means of notice described in paragraph A above
shall be reasonably calculated to ensure that any lessee of any of the subject
property shall be notified in writing of the matters described in paragraphs
A -1) and A -2) above.
C) The notice described in paragraph A shall be established by covenant
running with the land filed with the County Auditor, or other means
reasonably calculated to achieve comparable notice, and shall be approved by
the City Attorney.
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UAZO RZ #1 -94 / M.T IRWIN
REZONE ORDINANCE — Page 2
2
Upon satisfaction of all of the foregoing conditions precedent, the Director of
Community and Economic Development shall execute a recordable written instrument
certifying that all of the conditions have been satisfied and that the rezone provided
for herein has become effective. This certificate of satisfaction of conditions shall be
recorded with the Yakima County Auditor's Office; provided, however, that in the
event that all of the foregoing conditions precedent are not satisfied within three (3)
years of the approval date of this ordinance, then this ordinance shall be deemed to
have no legal force and effect, and the rezone provided for herein shall not be
effective.
Section 3 The City of Yakima Zoning Map shall be amended to correspond to
the rezone ordained by Section 1 of this ordinance upon satisfaction of the above
conditions precedent.
Section 4 The Yakima City Council hereby adopts the findings and conclusions
pertaining to this rezone and contained in the Hearing Examiner's Recommendation,
City No UAZO RZ #1 -94, Examiner's No. I94 -2 -14, a true copy of which
Recommendation is attached hereto as Exhibit "A" and incorporated by reference
herein.
Section S The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance with exhibits.
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 and 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 At-h day of A,ignsi ,
1994
Qa.t.
ATTEST Mayor
City Clerk
Publication Date: 8
Effective Date: 9 - 12 - 94
•
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UAZO RZ #1 -94 / M.T IRWIN
REZONE ORDINANCE - Page 3
ISSUED: JUNE •, 1994
Rezone Application by ) EXAMINER'S RECOMMENDATION
)
K. T. IRWIN ) CITY No: UAZO RZJ1 -94
)
for property near ) Examiner No. 294 -2 -14
2600 Racquet Lane, )
from M -1 to 1-3 )
)
The Examiner conducted a public hearing on April 14, 1994.
The staff report presented by Dan Valoff recommended approval.
The Examiner inspected the property prior to the hearing.
pUMMARY 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
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
pINDINGB
1. Applicant. The applicant is Marchal Tyler Irwin, acting
for her mother Diane Irwin, the property owner.
2. jocatiotl. Near 2600 Racquet Lane. The property is
located west and south of South 24th Avenue and Racquet Lane,
southwest of the Yakima Athletic Club. Parcel No. 181335 - 24022.
The legal description is attached as Exhibit "A ".
3. Application. Rezone.
4. proposed Zone. Multi- Family Residential (R -3)
3. proposed Use. Multi- Family.
6. Current Zoning and Use. Light Industrial (M -1) and
pasture. Land use and zoning on adjacent properties:
LocatiQD Zoning existing Land Use
North R -1 /B -1 Single family residential /vacant.
®
NEARING EXAMINER
FOR THE
GMT APO COUNTY OF ratty
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UAZO RZ #1 -94 / M.T. IRWIN ifNUM, WASHINGTON 9890'
or,o9, 248-0706 REZONE ORDINANCE - EXHIBIT A
East M -1 Commercial building
South M -1 Undeveloped
West R -1 Mobile home, acreage lot
The property is located in the Airport Overlay zoning
district. All development in the Airport Overlay District shall
conform to the requirements and standards of the underlying zoning
district and the policies and intent of the Airport Master Plan.
In order to assure the appropriate standards are applied, all Class
(1) uses in an overlay district are subject to Class (2) review.
All Class (2) uses are subject to Class (3) review and Class (3)
uses shall be subject to Class (3) review.
These provisions apply
to all existing and future development on this property.
7. project Description. No specific development plans have
been submitted, although a tentative site plan was available. The
applicant intends to eventually develop this as multifamily
residential in two phases. The desire is to extend Racquet Lane in
the first phase to the existing sewer line, which terminates about
midway through the property on the north property line. Racquet
Lane would be extended later to serve the second phase. The
objective is to develop a high security low traffic project with
apartments of a townhouse style. Perhaps 16 to 18 units per acre ilo.
are contemplated, with 55 units in each of the phases. The result
would be 110 units.
The applicant is not certain that Racquet Lane should be
extended to 27th, but is definite that they desire to develop a
project which takes advantage of the lovely location adjacent to
Wide Hollow Creek.
The property as it currently exists does not completely
border Wide Hollow Creek, which runs along the south side. Another
parcel owned by the applicant is located adjacent to Washington
Avenue, on the south side and to some extent straddling Wide Hollow
Creek. Hearing testimony indicated that the objective is to merge
that portion of the parcel straddling Wide Hollow Creek which is
located on the north side of the creek. The result would be that
one parcel would consist of all lands north of Wide Hollow Creek,
EXAMINER'S RECOMMENDATION - 2
FOR
T �
cmr ,wocou nT r . acM;
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UAZO RZ #1 -94 / M.T. IRWIN r M' POST or cE�°" met°
REZONE ORDINANCE - EXHIBIT A 15091 240.0
one parcel would consist of all lands south of Wide Hollow Creek,
with the parcel to the north subject to the rezone. Testimony
• indicated that proper notice of the rezone had been given to allow
this merger with the resulting enlarged legal description. This
explains the discrepancy between the existing and proposed legal
description set forth in paragraph 2 above in Exhibit "A ".
Since this is a straight rezone, infrastructure issues
will be dealt with in more detail when the specific development
application is received. The preliminary review indicates that
there is currently a full 50 feet of right -of -way on the north side
of this property, allowing extension of Racquet Lane to 27th
Avenue. One of the issues to be dealt with in the future is the
width of the street to be constructed, and who is responsible for
that.
Prior approval has been granted Earl Pratt, owner of the
Yakima Athletic Club, for a multi- family development directly north
of this project. Although that approval may have lapsed,
coordination of infrastructure as these properties develop in the
future will be desirable. It may be that one side will develop
• before the other side, resulting in the possibility of a half
street. Apparently the city has a standard allowing a half street
of 16 feet. The engineering preference, and the existing practice
in the county, is to require at least 20 feet of pavement, together
with curb and gutter on one side, in those limited instances when
half streets are allowed. A 20 foot width allows the pavement to
be crowned, with the seam off set from the crown, which enhances
long term integrity of the road bed. This is reviewed at this
point simply to put everyone on notice that if half streets are
allowed in conjunction with this project, they should be 20 feet
rather than 16 feet wide. No council action is required at this
point.
Similarly, the question of whether Racquet Lane should be
extended to 27th will have to be dealt with. Given the probable
future development of both this property and the Pratt property for
high density multi- family residential uses, the necessity for a
• EXAMINER'S RECOMMENDATION • 3
NEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKRIA
1ap /zoning /rezone8/1Moim /ord mt irwia 8/3/94 10:54 AM POST OFF NTY OF a
UAZO RZ #1 -94 / M.T. IRWIN YAO( POST ICE O seat'
REZONE ORDINANCE - EXHIBIT A 1509124843706
street grid is obvious. Although construction of the street may be
allowed in phases, ultimately it should be required to connect to
27th. Who pays for extension of Racquet Lane to 27th may require
consideration of an LID as proposed by Earl Pratt in a letter dated
April 7, 1994. These issues can be addressed when a development
application is received, but it is desirable to alert both the
applicant and the Council to these issues.
8. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15.23.030(5) are considered below:
8.1 Testimony. There was no opposition. The only issue
was who pays for what infrastructure.
8.2 puitability of the Property. Probable development
of property to the north for multi - family, and the distance of this
property from 24th Avenue, make it more desirable for multi family
than light - industrial uses.
8.3 Agency Recommendations. All recommendations are in
favor of the rezone. The City Planning Department recommended
approval, subject to the following conditions, which are set forth
verbatim.
1. All public improvements shall be constructed at the
time development is to occur on the subjecr property. This will
III ,
include the following: -:
a) Racquet Lane will need to be improved with curb
and gutter, storm drainage, five foot sidewaiki and a 16 feet of
asphalt paving on the south side of the centerline of Radquet Lane.
b) The 100 year flood plain should be identiied,
and a protective buffer established along Wide Hollow Creek.
c) The need for sewer extensions will be
determined with site development proposals.
d) The water main will have to be extended to the
corner of South 27th Avenue and Racquet Lane, approximately 300
feet.
2. Development on this property is subject to review
under the Airport Overlay District.
EXAMINER'S RECOMMENDATION - 4
rBEAFtF EXAM IN
FOR TP4 a THE
CITY Afro CALN4TY OF r
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UAZO RZ #1 -94 / M.T. IRWIN V~` MOM24a- 07018 7
REZONE ORDINANCE - EXHIBIT A
These conditions are all necessary, and should be
required. For the most part they are administrative, and should be
• imposed at the time a development permit is requested, even if that
permit involves a Class 1 use under the ordinance. As current
ordinances exist, there is a concern that these infrastructure
requirements will not be addressed as thoroughly in the Class 1
stage as if they were dealt with now at the rezone stage. The
city's reluctance to utilize concomitant agreements, which is
supported by a number of practical considerations, makes it
difficult to impose conditions like this at the time of a straight
rezone. Those same practical considerations suggest that
imposition of these requirements at the time of development permit
application is more a management than a legal issue. Clearly roads
and utilities have to be provided. A project of this size will
typically be subject to SEPA review, and with good supervision
these requirements can be dealt with then. This is particularly
the case since this property is within the Airport Overlay
District, which increases the level of review for all uses by one
• notch.
The issue of a 16 versus a 20 foot wide street has
previously been dealt with. The short plat exemption to merge a
portion of the other lot straddling Wide Hollow Creek with the
major parcel on the north side of Wide Hollow is also an
administrative issue which can be dealt with by staff if Council
approves this rezone.
8.4 Compliance with Comprehensive Plan and Zoning
ordinance. This area is designated urban on the Trends Map. This
rezone is consistent with the policies, development criteria and
compatibility criteria of the plan. It is also consistent with the
objectives and development standards of the zoning ordinance.
8.5 Adeauacy of Public Facilities Roads, sewer, and
water are available to this location, although as noted above
Racquet Lane will have to be extended. The issue of school
facilities has not been addressed. Conversion of property from M -1
to R -3 creates an added burden on the school system. Current
EXAMINER'S RECOMMENDATION - 5
Ilk
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF ',MSC
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UAZO RZ #1 -94 / M.T. IRWIN Y�"A WASHINGTON 9890
REZONE ORDINANCE -- EXHIBIT A '509' 244 -0708
experience indicates that school districts are more frequently
contesting residential development proposals, requesting mitigation
or impact fees. At this point, the City of Yakima has not adopted
a formal policy.
8.6 Comaatibility. There are no compatibility concerns,
as reflected in part by the lack of opposition.
8.7 plic Need. Both a public need and a change in
circumstance is apparent for this project. Existing city documents
reflect a distinct need for additional residential, particularly
R -3 residential property and related development. The change in
circumstances which has occurred since the adoption of the 1986
zoning ordinance includes the proposed development of the Pratt
property as multi- family residential. The development and
expansion of the Athletic Club, located diagonally from this
property to the northeast, has also made this area more desirable
for residential purposes.
9. tate Environmental Policy Act A Determination of Non -
significance was issued on March 21, 1994. The comment and appeal
period has expired, with no comments received.
10. 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 R -3 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:
EXAMINER'S RECOMMENDATION - 6
HEARING £XM4A
_ FOR THE
lap /zoning /rezones /izwin /ord: mt irwin 8/3/94 10 54 AM CRr ANO COgJNTr OF vAKMA
UAZO RZ #1 -94 / M.T. IRWIN POST OFFICE BOX 4
REZONE ORDINANCE - EXHIBIT A rAKMA. WASHINGTON 94907
MOM 240 -0706
F
•
EZION MATaoN
Approve this rezone application, from M -1 to R -3.
Respectfully submitted this O day of June, 1994.
PHILIP .
Hearing Examiner
• EXAMINER'S RECOMMENDATION - 7
HEARr4G EXAM@VER
FOR THE
CRY AND COUNTY Of YAKM
lnp /zoning /.rezones /Irwin /ord sat Irwin 8/3/94 10 54 AM POST pifiCE BOX A
UAZO RZ #1 -94 / M.T. IRWIN rwc wu. w� f FCE T0�/ •
1509► 24eo706
REZONE ORDINANCE — DCHIBIT A
® ORDINANCE NO. 94-
AN ORDINANCE relating to zoning; rezoning property located near 2600 Racquet
Lane in Yakima, Washington from Light Industrial (M -1) to
Multi - Family Residential (R -3); amending the zoning map of the
City of Yakima, subject to certain conditions.
WHEREAS, on April 14, 1994, the Hearing Examiner held a public hearing on an
application submitted by Marchal Tyler Irwin for rezone from M -1 (Light Industrial)
to R -3 (Multi - Family Residential) of property located near 2600 Racquet Lane in
Yakima, Washington, legally described as:
That part of the W 1/2 of the SE 1/4 of the NW 1/4 Section 35 T13N
R18EWM lying North of Washington Avenue and the West 50.0' of
the E 1/2 of the SE 1/4 of the NW 1/4 Except the North 25.0' for
road R/W
;and
WHEREAS, as a result of that hearing the Hearing Examiner recommended to
the City Council that the rezone be granted, and
® WHEREAS, at its public meeting on July 19, 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 said recommendation subject to certain conditions;
no %, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The decision of the Hearing Examiner recommending the rezone
from M -1 (Light Industrial) to R -3 (Multi - Family Residential) of property located
near 2600 Racquet Lane in Yakima, Washington, legally described as:
That part of the W 1/2 of the SE 1/4 of the NW 1/4 Section 35 T13N
RI 8EWM lying North of Washington Avenue and the West 50.0' of
the E 1/2 of the SE 1/4 of the NW 1/4. Except the North 25.0' for
road R/W.
is hereby affirmed subject to certain conditions set forth in Section 2 below; and the
above - described real property will be rezoned to R-3 (Multi- Family Residential) upon
satisfaction of all of the conditions precedent set forth in Section 2 below.
II
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UAZO RZ #1 -94 / M.T. IRWIN
REZONE ORDINANCE -- Page 1
Section 2 This rezone is expressly made subject to the following conditions
precedent, all of which must be satisfied within three (3) years after the approval
date of this ordinance:
A. The applicant or any successor in interest shall provide notice to any
transferee, lessee or other person acquiring either possessory or security
interest in the real property and any development thereon that:
1) The subject property was formerly zoned M -1 and is likely to remain
adjacent to or otherwise in close proximity to properties which remain
zoned M -1 (YMC 15.03 030 (12)). Such properties may involve any of the
uses and associated activities allowed in the M -1 zone, including
particularly but without limitation: a) commercial truck traffic and the
presence of commercial trucks and other machinery associated with
light manufacturing, storage and distribution facilities, and b) noise,
light, odors and fumes greater than would normally be encountered in
other residential zoning districts.
2) The subject property lies within the Airport Overlay District (YMC
15 03 030 (14)). This overlay district lies in close proximity to the
Yakima Air Terminal and is intended to protect and the growth and
development of Air Terminal operations from complaints about aviation
and air transportation activities associated with the Air Terminal. Such
activities may occur at any time of day or night and may, without
limitation, include a variety of airplanes and helicopters taking off and
landing, conducting "touch and go" runway exercises, military flight
operations, and events such as the Yakima Air Fair which involve a
wide variety of aerial exhibitions. Air Terminal operations may
normally involve levels of noise and other sensory effects greater than
and /or otherwise distinct from the environment in other residential
zoning districts.
B) The covenants or other means of notice described in paragraph A above
shall be reasonably calculated to ensure that any lessee of any of the subject
property shall be notified in writing of the matters described in paragraphs
A -1) and A -2) above.
C) The notice described in paragraph A shall be established by covenant
running with the land filed with the County Auditor, or other means
reasonably calculated to achieve comparable notice, and shall be approved by
the City Attorney.
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REZONE ORDINANCE -- Page 2
04,4
411 Upon satisfaction of all of the foregoing conditions precedent, the Director of
Community and Economic Development shall execute a recordable written instrument
certifying that all of the conditions have been satisfied and that the rezone provided
for herein has become effective. This certificate of satisfaction of conditions shall be
recorded with the Yakima County Auditor's Office; provided, however, that in the
event that all of the foregoing conditions precedent are not satisfied within three (3)
years of the approval date of this ordinance, then this ordinance shall be deemed to
have no legal force and effect, and the rezone provided for herein shall not be
effective.
Section 3. The City of Yakima Zoning Map shall be amended to correspond to
the rezone ordained by Section 1 of this ordinance upon satisfaction of the above
conditions precedent.
Section 4 The Yakima City Council hereby adopts the findings and conclusions
pertaining to this rezone and contained in the Hearing Examiner's Recommendation,
City No UAZO RZ #1 -94, Examiner's No. 194 -2 -14, a true copy of which
Recommendation is attached hereto as Exhibit "A" and incorporated by reference
® herein.
Section 5 The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance with exhibits.
Section Ct. 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 and 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
1994.
ATTEST: Mayor
City Clerk
Publication Date:
Effective Date:
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UAZO RZ #1 -94 / M.T. IRWIN
REZONE ORDINANCE — Page 3
ISSUED: JUNE S, 1994
e Application by ) EXAMINER'S P.ECO) K NDATZO$
Reson pp )
K. T. IRWIN ) CITY Not UAZO 112 #1 -94
)
for property near ) Examiner No. 194 -2 -14
2600 Racquet Lane, )
from K -1 to R -3
)
The Examiner conducted a public hearing on April 14, 1994.
The staff report presented by Dan Valoff recommended approval.
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
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
411 Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
7INDIN08
1. Applicant. The applicant is Marchal Tyler Irwin, acting
for her mother Diane Irwin, the property owner.
2. Loc on. Near 2600 Racquet Lane. The property is
located west and south of South 24th Avenue and Racquet Lane,
southwest of the Yakima Athletic Club. Parcel No. 181335 - 24022.
The legal description is attached as Exhibit "A ".
3. !►pplicatia• Rezone.
4. proposed Zone. Multi- Family Residential (R -3)
S. proposes se. Multi- Family.
6.
Current Zoning and Use. Light Industrial (M -1) and
pasture. Land use and zoning on adjacent properties:
IIP North ion Zoning Zxisting Land Use
North R -1/8 -1 Single family residential/vacant
,<CARwc EXAMINER
FOR THE
CRY MO COUNTY OF rwcN
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10 54 AM �tON � ��
UAZO RZ #1 -94 / M.T. IRWIN �� eoPtas
nrinmc nWfiNANCE - D(HIBIT A
•
•
East M -1 Commercial building
South M -1 Undeveloped
West R -1 Mobile home, acreage lot
The property is located in the Airport Overlay zoning
district. All development 411
velo ment in the Airport Overlay District shall
conform to the requirements and standards of the underlying
in
zoning
district and the policies and intent of the Airport Master
all Cla
In order to assure the appropriate standards applied,
(1)
uses in an overlay district are subject to Class (2) review.
All Class (2)
uses are subject to Class (3) review and Class (3)
uses shall be subject to Class (3) review.
These provisions apply
to all existing and future development on this property.
7. prOiect Description. No specific development plans have
been submitted, although a tentative site plan vas available. l he
applicant intends to eventually develop this a
residential in two phases. The desire is to extend Racquet Lane in
the first phase to the existing sewer line, which terminates about
midway through the property on the north property line. Racquet
Lane would be extended later to serve the second phase.
with
objective is to develop a high security low traffic project
apartments of a townhouse style.
Perhaps 16 t o 18 units per acre -
are contemplated, with 55 units in each of the phases. The result Ilp
would be 110 units.
The applicant is not certain that Racquet Lane should be
extended to 27th,
but is definite that they desire to develop a
project which takes advantage of the lovely location adjacent to
Wide Hollow Creek.
The property as it currently exists does not completely
the south side. Another
border Wide Hollow Creek, licant is located adjacent to Washington
parcel owned by the app
Avenue, on the south side and to some extent straddling ide merge
llw
Creek. Hearing testimony indicated that the objective is
that portion of the parcel straddling Wide Hollow Creek which is
located on the north side of the creek.
The result would be that
one parcel would consist of all lands north of Wide Hollow Creek,
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one parcel would consist of all lands south of Wide Hollow Creek,
with the parcel to the north subject to the rezone.
Testimony
indicated that proper notice of the rezone had been given to allow
this merger with the resulting enlarged legal description. This
explains the discrepancy between the existing and proposed legal
description set forth in paragraph 2 above in Exhibit "A ".
Since this is a straight rezone, infrastructure issues
will be dealt with in more detail when the specific development
application is received. The preliminary review indicates that
there is currently a full 50 feet of right -of -way on the north side
of this property, allowing extension of Racquet Lane to 27th
Avenue. One of the issues to be dealt with in the future is the
width of the street to be constructed, and who is responsible for
that.
Prior approval has been granted Earl Pratt, owner of the
Yakima Athletic Club, for a multi - family development directly north
of this project. Although that approval may have lapsed,
coordination of infrastructure as these properties develop in the
future will be desirable. It may be that one side will develop
before the other side, resulting in the possibility of a half
street. Apparently the city has a standard allowing a half street
of 16 feet. The engineering preference, and the existing practice
in the county, is to require at least 20 feet of pavement, together
with curb and gutter on one side, in those limited instances when
half streets are allowed. A 20 foot width allows the pavement to
be crowned, with the seam off set from the crown, which enhances
long term integrity of the road bed. This is reviewed at this
point simply to put everyone on notice that if half streets are
allowed in conjunction with this project, they should be 20 feet
rather than 16 feet wide. No council action is required at this
point.
Similarly, the qu estion of whether Racquet Lane should be
extended to 27th will have to be dealt with.
Given the probable
future development of both this property and the Pratt property for
high density multi- family residential uses, the necessity for a
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street grid is obvious. Although construction of the street may be
allowed in phases, ultimately it should be required to connect to
27th. Who pays for extension of Racquet Lane to 27th may require
consideration of an LID as proposed by Earl Pratt in a letter dated
April 7, 1994. These issues can be addressed when a development
application is received, but it is desirable to alert both the
applicant and the Council to these issues.
S. Yakima Urban Area 2onina Ordinance The criteria for
rezones established by YCC 15.23.030(5) are considered below:
8.1 Testisonv. There was no opposition. The only issue
was who pays for what infrastructure.
9.2 puitability of the Property. Probable development
of property to the north for multi- family, and the distance of this
property from 24th Avenue, make it more desirable for multi - family
than light- industrial uses.
$.3 Agency Recommendations. All recommendations are in
favor of the rezone. The City Planning Department recommended
approval, subject to the following conditions, which are set forth
verbatim.
1. All public improvements shall be constructed at the
time development is to occur on the subjecr property. This will
include the following:
a) Racquet Lane will need to be improved with curb
and asphalt gutter, paving g on the side of foot e centerline of Radquet Lane. pa
b) The 100 year flood plain should be identiied,
and a protective buffer established along Wide Hollow Creek.
a) The need for sewer extensions will be
determined with site development proposals.
d) The water main will have to be extended to the
corner of South 27th Avenue and Racquet Lane, approximately 300
feet.
2. Development on this property is subject to review
under the Airport Overlay District.
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These conditions are all necessary, and should be
required. For the most part they are administrative, and should be
• imposed at the time a development permit is requested, even if that
permit involves a Class 1 use under the ordinance. As current
ordinances exist, there is a concern that these infrastructure
requirements will not be addressed as thoroughly in the Class 1
stage as if they were dealt with now at the rezone stage. The
city's reluctance to utilize concomitant agreements, which is
supported by a number of practical considerations, makes it
difficult to impose conditions like this at the time of a straight
rezone. Those same practical considerations suggest that
imposition of these requirements at the time of development permit
application is more a management than a legal issue. Clearly roads
and utilities have to be provided. A project of this size will
typically be subject to SEPA review, and with good supervision
these requirements can be dealt with then. This is particularly
the case since this property is within the Airport Overlay
District, which increases the level of review for all uses by one
. notch.
The issue of a 16 versus a 20 foot wide street has
previously been dealt with. The short plat exemption to merge a
portion of the other lot straddling Wide Hollow Creek with the
major parcel on the north side of Wide Hollow is also an
administrative issue which can be dealt with by staff if Council
approves this rezone.
8.4 Compliance with Comprehensive plan and %oninq
Ordinance. This area is designated urban on the Trends Nap. This
rezone is consistent with the policies, development criteria and
compatibility criteria of the plan. It is also consistent with the
objectives and development standards of the zoning ordinance.
g,s adequacy of Pu blic Facilities. Roads, sewer, and
water are available to this location, although as noted above
Racquet Lane will have to be extended. The issue of school
facilities has not been addressed. Conversion of property from X4 -1
to R -3 creates an added burden on the school system. Current
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experience indicates that school districts are more frequently
contesting residential development proposals, requesting mitigation
or impact fees. At this point, the City of Yakima has not adopted
a formal policy. 0
8.6 Compatibility. There are no compatibility concerns,
as reflected in part by the lack of opposition.
8.7 public Need. Both a public need and a change in
circumstance is apparent for this project. Existing city documents
reflect a distinct need for additional residential, particularly rn
R -3 residential property and related development. The
circumstances which has occurred since the adoptio o t
adoption of the P
a 1986
zoning ordinance includes the proposed development
property as multi- family residential. The development and
expansion of the Athletic Club, located diagonally from this
property to the northeast, has also made this area more desirable
for residential purposes.
,. ptate Environmental Policy Act. A Determination of Non-
significance was issued on March 21, 1994.
The comment and appeal
period has expired, with no comments received.
10. Public Notice. Public notice of the hearing was provided 8
in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
CONCLV8io111
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 Ordinances the property is suitable for
uses permitted in the R -3 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:
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REZONE ORDINANCE - E(HI BIT A e u
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• Approve this rezone application, from M -1 to R -3.
Respectfully submitted this = day of June, 1994.
PHILI .
Hearing Examiner
III ,.
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