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HomeMy WebLinkAbout1993-037 Rezoning Southeast corner of North 40th Avenue and Kern Way • ORDINANCE NO 93- 37 AN ORDINANCE. relating to zoning, rezoning property located at the southeast corner of North 40th Avenue and .Kern Way in Yakima, Washington from R -3 (Multi- Family Residential) to B -1 (Professional Business), amending the Zoning Map of the City of Yakima, approving the preliminary plat and preliminary subdivision submitted by Smith /Lukehart Partnership (Medical View West, Phase II) for, seven lots at the southeast corner of North 40th Avenue and Kern Way in the City. of Yakima, and authorizing the; Mayor to sign the preliminary plat, subject to all of the conditions contained in the Hearing Examiner's Recommendation. WHEREAS, on July 10, 1993, the Hearing Examiner held a public hearing on an application submitted by Smith /Lukehart Partnership for preliminary plat approval and rezone of property located at the southeast corner of North 40th Avenue and Kern Way in Yakima, Washington, the legal description of hich is set out in Exhibit "A ", from R -3 (Multi- Family Residential) to B -1 (Professional Business), and • WHEREAS, as a result of that hearing, the Hearing Examiner recommended to the City Council that the rezone be granted and the preliminary plat be appro ed, subject to certain conditions, and WHEREAS, at its public meeting on Jul) 20, 1993, the City Council determined to accept the Hearing Examiner's recommendations and found that said recommendations are consistent v■ith the considerations set forth in Yakima Municipal Code Subsection 1S 23 0;0(F) and should he 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 the southeast corner of North 40th Avenue and Kern Way in Yakima, Washington, legally described in Exhibit "A," attached hereto and incorporated by reference herein, from Multi- Family Residential (R -3) to Professional Business (B -1), and recommending approval of the preliminary plat of Medical View West, Phase II, all subject to the certain conditions set forth in the Hearing Examiner's Recommendation, is hereby affirmed, and the above- described property will be rezoned to B -1 • (Professional Business) upon satisfaction of all the conditions precedent set forth in Section 2 below The preliminary plat of Medical VieN\ West, Phase II Page 1 is hereby approved, and the Ma) or is hereby authorized to sign the preliminary plat, subject to the conditions set forth in Section 2 below Section 2 This rezone and preliminar) plat approval is expressly made subject to the following conditions precedent A. All lots shall be served with public sewer and water The water and sewer main will be extended to the property at the applicant's expense, with plans prepared by a licensed civil engineer and submitted to the City Engineer for approval The proposed 12 inch line in Kern Way will need to be upgraded to 16 inches and extended from the intersection of North 40th Avenue to the existing water main located on the west property line of Englewood Terrace Apartments A 16" x 16" x 16" tee with 16" back flush valve will need to be installed at the intersection of North 40th Avenue and Kern Way The additional cost for materials to upgrade from a 12" line to a 16" line will be paid by the City of Yakima. B All public and private utilities shall he underground G Fire hydrants shall be provided and installed b) the developer at locations and to the specifications of the City of Yakima Codes Administrator D. Five feet of right -of -A\ a) shall be dedicated to the City with 1110 respect to that portion of North 40th A\ enue w here there currently is 45 feet of right -of -way, for a total of 50 feet of total right -of -way along the frontage of North 40th Avenue. (To be noted on the face of the final plat) E. North 39th A\ enue shall have 50 feet of dedicated right -of -way and be built to the Cit\ of Yakima local access standards, with barrier curb and gutter on both sides, sidew alk on one side, and street lights. F Kern Way shall be impro\ ed from 40th A\-enue east to the property line These impro\ ements w ill consist of a half- street together with barrier curb, gutter, and sidew alk on the south side only The half- street will be pa\ ed to local access standards to a width of 24 feet. G. The traffic signal at 40th and Englew ood shall be improved at the applicant's expense with installation of hardware and signals for left turns on all four quadrants Expense of those improvements shall not materially exceed S8,000, and shall not include and expense incurred to evaluate, upgrade, or repair the standards and bases. H. Frontage improvements shall be completed on the north side of Englewood Avenue, from North 40th to North 39th, consisting of curb, gutter, sidewalk, and street lights In addition, the street shall be reconfigured and widened as necessary to include a left turn lane for the intersection at 40th The length of the left turn lane will be determined by the City Traffic Engineer 411 Page 2 1s /smith l.;i;eh rt rF_ • I Final lot dimensions and lot areas shall substantially conform with the preliminary plat drawing dated March 30, 1993 on file with the City Planning Division J The driveway approach for Lot 3 at Kern Way shall be moved east to provide 180' of tangent between the curb return of the intersection and the %v est curb return of the commercial driveway approach. K. All driveway approaches will be the commercial type. L City Engineer approval of all street improvement plans in conformance with the preliminary plat approval 1`1 A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima County Clean Air Authority A written copy of their approval shall be submitted to the City Planning Division prior to construction of an) N\ ork phase of this proposal The developer shall designate a responsible part) for contact during orking hours regarding alleged air quality violations. When the final plat is submitted for Cit) appro\ al, the Director of Community & Economic Dev elopment shall make a written determination as to whether the • foregoing conditions ha%e been satisfied This written determination shall be submitted to the City Council prior to final plat approval Section 3 The City, of Yakima Zoning Map shall he amended to correspond to the rezone ordained by Section 1 of this ordinance upon satisfaction of the above conditions Section 4 The Yakima Cit) Council hereby adopts the findings and conclusions pertaining to this rezone and contained in the Hearing Examiner's Recommendation, City No UAZO RZ #4 -93 and UAZO Sub /Preliminary Long Plat #2-93, Examiner's No I93- 42 -22, a true copy of w hich 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 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as pro\ ided 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 aggrie\ ed party obtains an appropriate writ of judicial review from the Yakima County Superior Court • for the purpose of review of the action taken Page 3 (1s),rd /smith /lukehart rp_ a PASSED BY THE CITY COUNCIL, signed and approved this 20th day of July , 1993 geLt ATTEST Mayor City Clerk Publication Date: 7 -23 -93 Effective Date: 8 -23 -93 Page 4 ∎1Fi .d Smith /1ukeharc r_ • The North half of the Southwest quarter of the Southeast quarter of Section 15, Township 13 North, Range 18, E.W.M. EXCEPT the North 10 feet conveyed to Yakima County for road by deed recorded under Auditor's File No. 399232, AND EXCEPT that part conveyed to Yakima County by deed recorded under Auditor's File No. 2252501, AND EXCEPTING from the Southwest quarter of the Southeast quarter of said Section 15, that part lying Westerly of 40th Avenue as the same now exists, AND EXCEPT that portion of said premises lying Easterly of the following described line: Beginning at the Southeast corner of the West half of the Southeast quarter of the Southeast quarter of said Section 15; thence North 0 °19'50" West, along the East line thereof, 305.00 feet; thence North 90 °00' West, parallel with the South line of the Southeast quarter of said Section 15, 1184.62 feet and the true point of beginning of said line; thence North 0 °00' East, to the North line of the South half of the Southeast quarter of said Section 15, and the terminus of the herein described line. • • EXHIBIT A i ISSUED: JULY 8, 1993 Rezone and Preliminary Plat SUMMARY OF Application by ) EXAMINER'S RECOMMENDATION ) Smith /Lukehart Partnership,) City No. UAZO RZ #4 -93 near 40th Avenue and Kern ) UAZO Sub /Preliminary Long Plat Way ) #2 -93 Examiner No. I93 -42 -22 This summary of the Hearing Examiner's recommendation provides complete details of the actual conclusions and decision, but does not include all of the findings or reasoning involved. You may obtain a complete copy of the recommendation, free of charge, by calling the City Planning Department at 575 -6113 SUMMARY Applicant: Smith /Lukehart Partnership. 410 Type of Application: Rezone and request for preliminary plat approval for Medical View West, Phase II. Location: Southeast corner of North 40th Avenue and Kern Way. Date Decision Filed: July 8, 1993 Current Land Use: North R -3 Orchard & single family dwelling East R -3 Single family residence South B -1 Vacant 6 lot subdivision West (across 40th) R -1 Church Proposed Land Use: Office buildings, predominately medical. Current Zone: R -3 Proposed Zone: Professional Business (B -1). Decision: RECOMMENDATION 1. Approve this rezone application, from R -3 to B -1. EXAMINER'S SUMMARY - 1 HEARING EXAMINER EXHIBIT 4 FOR THE EXHIBIT l D CR1 AND COUNTY OF YAKIMA POST OFFICE BOX d yew lMA weCNINr:TON 98907 .. . • A . • 410 2. Approve this preliminary plat application, subject to the following conditions: A. All lots shall be served with public sewer and water. The water and sewer main will be extended to the property at the applicant's expense, with plans prepared by a licensed civil engineer and submitted to the City Engineer for approval. The proposed 12 inch line in Kern Way will need to be upgraded to 16 inches and extend from the intersection of North 40th Avenue to the existing water main located on the west property line of the Englewood Terrace Apartments. A 16" x 16" x 16" tee with 16" back flush valve will need to be installed at the intersection of North 40th Avenue and Kern Way. The additional cost for materials to upgrade from a 12" line to a 16" line will be paid by the City of Yakima. B. All public and private utilities shall be underground. C. Fire hydrants shall be provided and installed by the developer at locations and to the specifications of the city of Yakima Codes Administrator. D. Five feet of right -of -way shall be dedicated to the 4110 City with respect to that portion of North 40th Avenue where there currently is 45 feet of right -of -way, for a total of 50 feet of total right -of -way along the frontage of North 40th Avenue. (To be noted on the face of the final plat). E. North 39th Avenue shall have 50 feet of dedicated right -of -way and be built to the City of Yakima local access standards, with barrier curb and gutter on both sides, sidewalk on one side, and street lights. F. Kern Way shall be improved from 40th Avenue east to the property line. These improvements will consist of a half - street together with barrier curb, gutter, and sidewalk on the south side only. The half- street will be paved to local access standards to a width of 24 feet. G. The traffic signal at 40th and Englewood shall be improved at the applicant's expense with installation of hardware and signals for left turns on all four quadrants. Expense of those improvements shall not materially exceed $8,000, and shall not include any expense incurred to evaluate, upgrade, or repair the standards and bases. H. Frontage improvements shall be completed on the north side of Englewood Avenue, from North 40th to North 39th, consisting of curb, gutter, sidewalk, and street lights. In addition, the street shall be reconfigured and widened as necessary to include a left turn lane for the intersection at 40th. The ° EXAMINER'S SUMMARY - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 length of the left turn lane will be determined by the City Traffic Engineer. I. Final lot dimensions and lot areas shall substantially conform with the preliminary plat drawing dated March 30, 1993 on file with the City Planning Division. J. The driveway approach for Lot 3 at Kern Way shall be moved east to provide 180' of tangent between the curb return of the intersection and the west curb return of the commercial driveway approach. R. All driveway approaches will be the commercial type. L. City Engineer approval of all street improvement plans in conformance with the preliminary plat approval. M. A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima County Clean Air Authority. A written copy of their approval shall be submitted to the City Planning Division prior to construction of any work phase of this proposal. The developer shall designate a responsible party for contact during working hours regarding alleged air quality violations. Respectfully submitted this 9' day of July, 1993. Examiner: ( a 1-7.---ite EXAMINER'S SUMMARY - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (5O9 24P - O7(1A s 1 I iii,,,,,__.::,_ . 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