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HomeMy WebLinkAbout1993-090 Rezoning 1010 North 34th Avenue 4 0. o • ORDINANCE NO. 93- 90 AN ORDINANCE relating to zoning; rezoning property located at 1010 North 34th Avenue in Yakima, Washington from Light Industrial (M -1) to Multi - Family Residential (R -3), amending the zoning map of the City of Yakima, approving a Class 2 use (Planned Residential Development in the R -3 zone); and subject to all of the conditions contained in the Hearing Examiner's Recommendation. WHEREAS, on August 26, 1993, the Hearing Examiner held a public hearing on an application submitted by Edwin H. Partch and Rudy Gasparac for a Class 2 review of a Planned Residential Development and rezone of property located at 1010 North 34th Avenue in Yakima, Washington, the legal description of which is set out in Exhibit "A" from M -1 (Light Industrial) to R -3 (Multi - Family Residential), and WHEREAS, as a result of that hearing the Hearing Examiner recommended to the City Council that the rezone be granted and the Class 2 use approved, subject to certain conditions, and • WHEREAS, at its public meeting on September 28, 1993, the City Council determined to accept the Hearing Examiner's recommendations and found that said recommendations are consistent with the considerations set forth in Yakima Municipal Code Subsection 15.23 030(E) and should be adopted, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 The decision of the Hearing Examiner recommending the rezone of property located at 1010 North 34th Avenue in Yakima, Washington, legally described in Exhibit "A" attached hereto and incorporated by reference herein, from Light Industrial (M -1) to Multi- Family Residential (R -3), and recommending approval of the Planned Residential Development as a Class 2 use, all subject to certain conditions set forth in the Hearing Examiner's Recommendation, is hereby affirmed, 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 The Planned Residential Development is hereby approved as a Class 2 use, subject to all of the conditions set forth in Section 2 below Section 2 This rezone and Class 2 approval 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: III Page 1 (ls)ord /partch &gasparac rp A. The project will be served by public water and sewer, which must be extended by the applicant to this site Fire protection plans shall be approved by the City B Half- street improvements will be required on 34th, with 18 feet of paving from the centerline of North 34th Avenue, together with curb, gutter, and a 5 -foot wide sidewalk. G The private driveway shall be constructed with a standard commercial driveway approach. D. All public improvements including drainage, water /sewer main extensions, and street plans shall be designed by licensed civil engineer and approved by the City Engineer's office. E. "No parking' signs shall be installed by the developer on one side of the access driveway, and on the cul -de -sac F A 6 -foot fence shall be installed alon g that portion of the property bordering Chesterly Park, together with a pedestrian gate. G. A 6 -foot high view obscuring fence, made of wood, masonry block, or slatted chain link, shall be installed along the north property line of the project, adjacent to the M -1 zoned land. H. Both parcels shall be merged into one to facilitate continued common ownership of this integrated development. This project shall be designed to not interfere with the function of DID #39, which crosses the site. All plans affecting DID #39 shall be approved by the City Engineer 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 Page 2 llslord /partch4gasparac rp 1 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 #6 -93, UAZO CL(2) #14 -93, and UAZO EC #22 -93, Examiner's No. 193 -2- 31, a true copy of which Recommendation is attached hereto as Exhibit "B" 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 6 Subject to the foregoing provisions, this ordinance shall be in full 0 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 28th day of Sept ember 1993 C; /i.e,t-t-,di ATTEST }� Mayor -YLi �U GYVI L City Clerk Publication Date: October 1, 1993 Effective Date: October 31, 1993 • Page 3 (1s)ord /parcchsgasparac rp EXHIBIT A e parcel "A" The North 98 feet of the South 428 feet of the East 306 83 feet of Tract 11, NACHES ORCHARD TRACTS, recorded in Volume "A" of Plats, Page 69, records of Yakima County, Washington. parcel "B" Lot 2 of Short Plat filed in Book "H" of Short Plats, Page 4, under Auditor's File Number 2430471, records of Yakima County, Washington. Situated in Yakima County, State of Washington. • III Page 1 lislord /pertch gamperat exhibit r1 I88IIED: AUGUST 30, 1993 III Master Application ) EXAMINER'S RECOMMENDATION for Rezone from ) K -1 to R -3 and for ) CITY: UAZO RZ #6 -93 Planned Residential ) UAZO CL(2) 014 -93 6 Development by ) UAZO EC #22 -93 w Edwin Partch at ) 1010 North 34th Avenue ) Examiner No. I93 -2 -31 The Examiner conducted a public hearing on August 26, 1993. The staff report presented by Dan Valoff recommended approval. Mr. Partch and Mr. Gasparac attended the hearing. There was no opposition. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval of the rezone and of the Planned Residential Development. 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. Applicant. Edwin H. Partch. The property owner is Rudy Gasparac. 2. Location. 1010 No. 34th Avenue, Assessor's Parcel Nos. 181315-14417 and 14427. The legal description is: PARCEL "A" The North 98 feet of the south 428 feet of the East 306.83 feet of Tract 11, NACHES ORCHARD TRACTS, recorded in Volume "A" of Plats, Page 69, records of Yakima • County, Washington. HEARING EXAMINER FOR THE EXHIBIT B CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 PARCEL "B" Lot 2 of Short Plat filed in Book "H" of Short Plats, Page 4, under Auditor's File Number 2430471, records of Yakima County, Washington. Situated in Yakima County, State of Washington. 3. Application. Rezone and Planned Residential Development. 4. Proposed Zone. Multi- Family Residential (R -3). S. Proposed Use. Planned Residential Development, 22 dwelling units consisting of duplexes, 4- plexes, and a 6 -plex. 6. Current Zoning and Use. Location Zoning Existina Land Use North M -1 Office /Warehouse East R -3 Single family residence /Adult mobile home court South R -2 Single family residence /Mobile home subdivision West R -2 City Park (Chesterly Park) 7. protect Description. This is an application to rezone two parcels totaling 2.21 acres, from M -1 to R -3. The purpose of the rezone is to construct a 22 -unit Planned Residential Development. The dwelling units will be two -story townhouse apartment type, consisting of 4 duplexes, two 4- plexes and one 6- plex unit. Each unit will have approximately 1,335 square feet of living area and a 338 square foot garage. The development will be accessed from a single driveway off North 34th Avenue, with a private paved driveway to each unit. Tandem parking will be utilized. All units will be served by city water and sewer. The project will be fenced from Chesterly Park and adjacent M -1 property. Frontage improvements along North 34th, consisting of widened pavement, curb and gutter, and sidewalk, will be installed. 8. Yakima Urban Area zoning Ordinance. The criteria for rezones established by YCC 15A.23.030.5 are considered below: 8.1 Testimony. Testimony was uniformly in favor of this proposal. There was no opposition. 410 8.2 Suitability of the Property. This property due to EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (5O9) 248 -0706 its location is more suitable for residential than light industrial 4111 uses. It borders moderate density residential and Chesterly Park. 8.3 Agency Recommendations. All recommendations were in favor of this project. 8.4 Compliance with Comprehensive Plan and Zoning Ordinance. This project complies with the goal of providing a variety of housing when well served by public infrastructure. It also complies with the zoning ordinance requirements concerning projects of this type. 8.5 Adequacy of Public Facilities. All public facilities are available and adequate. 8.6 Compatibility. This rezone is compatible with the surrounding low and medium density residential uses. Adjoining land uses consist of single family dwellings and a mobile home subdivision to the south, a mobile home park to the east, with a mixture of duplex and single family homes south on North 34th is Avenue. There are also some low intensity light industrial uses to the north, consisting in part of the property owner's electrical contracting business, Westside Electric. 8.7 Public Need. This project will provide additional rental housing in a community which currently has very low vacancy rates in rentals. Since the last zoning of this property, Chesterly Park has been developed, a retail center is currently developing around the new Fred Meyer store, and these factors constitute a change of circumstance justifying additional residential zoning in this area. 9. Planned Residential Development. Planned Residential Developments are a Class 2 use in the R -3 zone. (See UZO Table 4- 1). A review of the definitions in the zoning ordinance concerning "Planned Residential Development" and "Multi - Family Dwelling" lead one to the conclusion that the only real difference between the two is that a Planned Residential Development includes duplexes, whereas multi - family developments involve structures consisting of triplexes on up. Multi - family dwellings of any residential density are a Class 1 use in the R -3 zone, whereas Planned Residential EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248.0706 Developments are a Class 2 use. Apparently the reason for giving a higher level of review to a Planned Residential Development is uncertainty as to the nature of the project, since more flexibility is allowed. In any event, because this is a master application, the Council deals with the appropriateness of this Planned Residential Development since it is also dealing with the rezone. There are no development standards for Planned Residential Developments. There are no guidelines in the ordinance concerning how they are to be designed, the nature or width or type of construction concerning driveways or cul -de -sacs, nor any other provisions. The site plan in this instance reflects a 30 -foot wide driveway which will be paved, driveways to individual garages for each of the dwelling units, and a cul -de -sac with an estimated 80- foot diameter at the end of the project. This diameter cul -de -sac is consistent with the city subdivision ordinance. Comments received by planning staff during the design review process reflected concern that garbage trucks not deteriorate the pavement and that they have adequate maneuvering room. There was also concern expressed that parking should be discouraged on one side of the driveway and on the cul -de -sac. As a practical matter, this property will be owned by one individual or entity, and many of those problems will be his rather than the city's. One of the issues not addressed by staff or the applicant is that the driveway in leads to a cul -de -sac, and is over 600 feet long. The normal subdivision rule limits cul -de -sacs to 200 or 300 feet in length, absent mitigating circumstances. The length of this cul -de -sac will possibly create some traffic flow problems, which may be exacerbated by allowing tandem parking. Tandem parking is now approved in the recently adopted but not yet effective urban area zoning ordinance amendments. Although concerns about traffic flow and parking are legitimate, these issues are no different than that presented by any large project in the R -3 zone, and are typically dealt with onsite by the property owner. So long as they do not adversely EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKI.IA. WASHINGTON 98907 (509) 248-0706 III affect public property, or the flow of traffic onto North 34th, perhaps they are of no significant concern to the city. This project will be fenced. There is an existing fence on the south. A fence with a pedestrian gate will be built on the west adjacent to Chesterly Park. A fence will also be built on the north side of the property, shielding it from the adjacent M -1 zoned property. 10. State Environmental Policy Act. A Determination of Non - significance was issued by the City of Yakima on July 20, 1993. 11. 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 and Planned Residential Development IIII conform 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: RECOMMENDATION Approve this rezone and Planned Residential Development application, as follows: A. Approve the rezone, from M -1 to R -3. B. Approve the Planned Residential Development, subject to the following conditions: 1. The project will be served by public water and sewer, which must be extended by the applicant to this site. Fire protection plans shall be approved by the City. EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 M09)248-0706 2. Half- street improvements will be required on 34th, with 18 feet of paving from the centerline of North 34th Avenue, 4 11 1 together with curb, gutter, and a 5 -foot wide sidewalk. 3. The private driveway shall be constructed with a standard commercial driveway approach. 4. All public improvements including drainage, water /sewer main extensions, and street plans shall be designed by licensed civil engineer and approved by the City Engineer's office. 5. "No parking" signs shall be installed by the developer on one side of the access driveway, and on the cul -de- sac. 6. A 6 -foot fence shall be installed along that portion of the property bordering Chesterly Park, together with a pedestrian gate. 7. A 6 -foot high view obscuring fence, made of wood, masonry block, or slatted chain link, shall be installed along the north property line of the project, adjacent to the M -1 zoned land. 8. Both parcels shall be merged into one to facilitate continued common ownership of this integrated development. 9. This project shall be designed to not interfere with the function of DID #39, which crosses the site. All plans effecting DID #39 shall be approved by the City Engineer. Respectfully submitted this <;() day of August, KA4 f"-6--j PHILIP A. LAMB Hearing Examiner EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 268.0706