HomeMy WebLinkAbout1993-017 Rezoning • I 7
ORDINANCE NO 93-
AN ORDINANCE relating to zoning, rezoning 3 5 acres of land located west of
North 21st Avenue in the vicinity of Fruitvale Boulevard in the
City of Yakima, Washington from Single - Family Residential (R -1),
Multi - Family Residential (R -3), and CBD Support (CBDS) to Light
Industrial (M -1), and amending the zoning map of the City of
Yakima.
WHEREAS, on January 28, 1993, the Hearing Examiner held a public hearing on
a rezone request initiated by the City of Yakima Public Works Department to rezone
several parcels of land located to the west of North 21st Avenue in the vicinity of
Fruitvale Boulevard and adjacent to the existing Public Works Complex at 2301
Fruitvale Boulevard, the legal description of which is set out below, from an existing
mixture of zoning classifications to Light Industrial (M -1), and
WHEREAS, as a result of that hearing, the Hearing Examiner recommended to
the City Council that the rezone approval be granted, and
WHEREAS, at its public meeting on April 13, 1993, the City Council determined
• that the recommendation of the Hearing Examiner should be affirmed and found that
said recommendation is consistent \. ith the consideration 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
3 5 acres of land located on the western side of North 21st Avenue in the vicinity of
Fruit. ale Boulevard and adjacent to the existing Public Works Complex at 2301
Fruit. ale Boule\ and in the City of Yakima, Washington, legally described in Exhibit
"A" attached hereto and incorporated by reference herein, from the mixed zoning
classifications of Single - Family Residential (R -1), Multi- Family Residential (R -3), and
CBD Support (CBDS) to Light Industrial (M -1) is hereby affirmed, and all of the above -
described real property shall be rezoned to Light Industrial (M -1)
Section 2 The Yakima City Council hereby adopts the findings and conclusions
pertaining to this rezone approval and contained in the Hearing Examiner's
Recommendation, City No UAZO RZ #5 -92, Examiner Number I93 -2 -6, a true copy of
which Recommendation is attached hereto as Exhibit "B" and incorporated herein by
reference
Section 3 The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance with exhibits.
Page 1
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Section 4 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the Cit - C� harter •
PASSED BY THE CITY COUNCIL, signed and approved this l° >' day of ,
1993
C2eLtL4Azhcif
ATTEST Mayor
City Clerk
Publication Date: A- J
Effective Date -1 E
Page 2
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Shops Property Legal Descriptions for Rezone
• Nickoloff - 922 N 21st Ave - 141318 -13400
The North 75 feet of the East 90 feet of Lot 9, Of KING'S HALF ACRE TRACTS
NUMBER 1, according to the official plat thereof recorded in Volume IC of
Plats, Page 19, Records of Yakima County, Washington.
Rutger - 924 N 21st Ave • 141318 -13401
The East half of Lot 10, of KING'S HALF ACRE TRACTS NUMBER 1, according
to the official plat thereof recorded in Volume 'K' of Plats, Page 19,
Records of Yakima County, Washington.
Navarro - 926 N 21st Ave - 141318 -13402
Lot 11, of KING'S HALF ACRE TRACTS NUMBER 1, according t0 the official
plat thereof recorded in Volume 'lc of Plats, Page 19, Records of Yakima
County, Washington;
Together with that portion of vacated 22nd Avenue that would attach by
operation of law on the West.
Jujan - 2106 West J Street - 141318 -13403
The West half of Lot 12, of KING'S HALF ACRE TRACTS NUMBER 1, according
to the official plat thereof recorded in Volume 'K' of Plats, Page 19,
IP Records of Yakima County, Washington.
eBorde - 928 N 21st Ave - 141318 -13404
The East half of Lot 12, of KING'S HALF ACRE TRACTS NUMBER 1, according
to the official plat thereof recorded in Volume `K' of Plats, Page 19,
Records of Yakima County, Washington.
Jackson - 2201 Fruitvale Boulevard - 141318 -42004
Parcel 'A'
The following described parcel of land tying in the Northwest 1/4 of the
Southeast 1/4 of Section 14, Township 13 North, Range 18, E.W.M.,
Beginning at the Northwest corner of Lot 3, KING'S HALF ACRE TRACTS
NUMBER 1, recorded in Volume 'IC of Plats, Page 19, thence West 215
feet, thence South to the North right of way line of State Highway; thence
Southeasterly along the State Highway right of way line to the West line of
Lot 1, KING'S HALF ACRE TRACTS, thence North to the point of beginning;
Except the East 25 feet.
•
EXHIBIT
&TOM
The East 25 feet of the following described parcel of land lying in the
Northwest 1/4 of the Southeast 1/4 of Section 14, Township 13 North,
Range 18, E.W.M.;
Beginning at the Northwest corner of Lot 3, KING'S HALF ACRE TRACTS
NUMBER 1, recorded in Volume 1 (' of Plats, Page 19, thence West 215
feet, thence South to the North right of way One of State Highway, thence
Southeg.1.0. Y along the State Hi hway right of way fine to the West tine of
Lot 1, KING'S HALF ACRE TRACTS; thence North to the point of beginning.
P u rke - 906 N 21st Ave - 141318 -42401
Lot 3, of KING'S HALF ACRE TRACTS NUMBER 1, according to the official plat
thereof recorded in Volume "K' of Plats, Page 19, Records of Yakima
County, Washington.
Halverson/Daniels - 908 N 21st Ave - 141318 -42402
Lot 4, of KING'S HALF ACRE TRACTS NUMBER 1, according to the official plat
thereof recorded in Volume IC of Plats, Page 19, Records of Yakima
County, Washington.
•
•
RECEIVED
FEB 2 61993
CFf Y OF YAKIMA
Rezone Application by ) EXAMINER'S RECOMMENDATION
)
City of Yakima Public ) CITY NO. UAZO RZ #5 -92
Works Department for )
3.5 acres from R -1, R -3 ) Examiner No -2 -6
and CBDS to M -1, Near )
North 21st Avenue and )
Fruitvale Boulevard )
The Examiner conducted a public hearing on January 28, 1993.
The staff report presented by Joan Davenport recommended approval.
There was no opposition, although one neighbor attended and
expressed concerns about a recent change in the refueling procedure
for buses which generates more noise and fumes near her house.
This is a temporary change which will be alleviated if this
• proposal is approved. 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
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. City of Yakima Public Works Department.
2. Location. Western side of North 21st Avenue in the
vicinity of Fruitvale Boulevard and adjacent to the existing Public
Works complex at 2301 Fruitvale Boulevard. The legal descriptions,
street addresses, and Assessor's Parcel Numbers are attached as
Exhibit "A" and incorporated herein by reference.
• 3. Application. Rezone.
4. Proposed Zone. Light Industrial (M -1)
HEARING EXAMINER
FOR THE
r ,. 1 1 IT CITY AND COUNTY OF Y4KIMA _
i pp _ 1 POST OFFICE BOX a
t +.. L ? L YAKIMA. WASHINGTON 9890
(509) 248 -0706
5. Proposed Use. Public Works complex. The proposed use of
the public works complex is most closely related to the following
uses which are listed as Class 1 in the M -1 zoning district: bus
terminal, truck terminal, short term storage and office, storage of
equipment for street construction.
6. Current Zoning and Use. The subject area currently is
zoned a mixture of R -1, R -3, and CBDS and consists of eight
existing parcels. Of those eight lots, each had a single family
home at the time of purchase. The City Housing Services Office is
in the process of moving these homes onto other lots. Due to
weather conditions and availability of residential lots,only two of
the homes have been moved to date.
Adjacent properties have the following characteristics:
Location Existing Zoning Existing Land Use
North of West J Street R -1 Residential
East of 21st Avenue R -1 Residential
West of rezone area M -1 City Shop Complex •
South of rezone area CBDS Motel, Fruitvale
Blvd., mixed
commercial
7. Proiect Description. On October 27, 1992, the Yakima
City Council initiated this rezone application by resolution,
pursuant to the provisions YMC 15.23.30A. The City has acquired
eight tax parcels adjacent to the existing public works complex
consisting of approximately 3.5 total acres.
The purpose of the rezone is to expand the public works
complex in order to allow for the construction of a new 7,000
square foot addition, an enlarged parking lot, and various other
facilities. The main public driveway into the existing public
works complex will be moved as part of this proposal, to direct
vehicles into the expanded parking lot and allow for separation of
buses, refuse trucks and other large vehicles from public and
employee parking.
•
EXAMINER'S RECOMMENDATION - 2
HEARANG EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 989
(509) 248 -0706
As part of this project, the city will repave 21st Avenue,
adding curb, gutter and sidewalk on the west side. As part of
these improvements, a bus stop will be included, together with a
new entrance into the complex.
Specific development plans for the expanded area are not part
of this review, although the application includes a preliminary
site plan. In addition, SEPA review was conducted on the entire
project.
8. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030.5 are considered below:
8.1 Testimony. There was no opposition, but interested
neighbors did attend. Kathy Laws lives at 2205 West J. Street,
directly behind the complex. Until recently she has not had any
concerns. This winter, however, city busses now line up on the
Public Works property directly across the fence and street from her
house, where the busses wait in line running, to be refueled.
• There are typically 10 to 12 busses running constantly from 6:30 to
9•00 p.m These generate noise, light and fumes. She can hear the
rumble in her house, and was concerned whether this is going to
continue. Transit manager Bill Schultz indicated that they are now
replacing the old fueling facility and have had to make changes in
their normal operation while the construction work is being done.
He indicated that Mrs. Laws is correct concerning the number of
busses and the hours. When construction is done, the old fuel site
will be used again and the problem should stop. He encouraged her
to call him if she continued to have problems once the construction
was done.
8.2 Suitability of the Property. The property is
suitable for uses permitted by the proposed rezone.
8.3 Agency Recommendations. There was no opposition.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance. This project complies with both the plan and the
ordinance. It is a logical extension of the Public Works complex,
• out to 21st and J Streets. Further expansion of the Public Works
complex beyond 21st or J Streets is unlikely and probably would not
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA . WASHINGTON 9890
be appropriate given the nature of those neighborhoods. The
streets act as a natural buffer, which together with sitescreening
will minimize the impact.
8.5 Adequacy of Public Facilities. This site is served
by all necessary utilities, including public water and sewer.
North 21st Avenue is lightly surfaced with chip and seal coat, with
no curbs or sidewalks. This project will increase traffic on 21st.
The city will pave and improve 21st Avenue, including the sidewalk.
This project will have a significant impact on 21st Avenue,
which will be mitigated by its improvement as outlined in the file.
These improvements include pavement, curb, gutter, and sidewalk on
the west side of the street. If this were a private developer,
this recommendation would include a requirement that a concomitant
agreement be executed, requiring pavement of J Street between
Fruitvale and 21st Avenue, including curb, gutter and sidewalk on
the west side. Requiring the city to execute a concomitant
agreement with itself strikes this Examiner as bazaar. However,
this project has been represented to the neighbors as resulting in
the improvement of 21st, has been represented in the hearing to
this Examiner as including the improvement of 21st, and it is
reasonable to expect the city to follow the same development rules
which would be applied to private developers.
8.6 Compatibility. Light industrial uses are generally
not considered compatible with single family residential
development, based upon the Comprehensive Plan guidelines.
However, this incompatibility already exists. The Fruitvale /J
Street area has contained a mix of low density residential and
industrial uses for many years. This area has evolved from
orchards and fruit warehouses, with low density residential uses,
to a more industrial and commercial character. The city shops
complex has existed here since approximately 1965 (based upon
County Assessor records).
The challenge for this development is to allow for the
expansion of an existing industrial use in a manner which does not
significantly reduce the viability of the existing residential
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY ANC) COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 989C
(509) 248 -0706
• uses. It should be noted, however, that several rezones have
occurred in the vicinity of this neighborhood along River Road. As
a general observation, this area appears to be more appropriate for
industrial uses than low density residential, since the predominant
land uses are now industrial or commercial in character.
8.7 Public Need. The city's Public Works complex is a
necessary public facility, which is in current need of expansion.
This proposed rezone offers the most logical and efficient means of
expanding the complex, while retaining use of the current facility.
9. State Environmental Policy Act. A Determination of Non -
significance was issued by the city on December 18, 1992. The SEPA
checklist adequately addresses the impact of the new building upon
the neighborhood, but a new checklist will be necessary when
building plans are filed for plan review in order to deal with
technical issues such as parking, pavement, and utility lines.
10. Public Notice. Public notice of the hearing was provided
• as follows:
Mailing of notices to adjacent owners January 15, 1993
Posting of property January 15, 1993
Legal Ad published January 15, 1993
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 M -1 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.
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CT' AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 989(
(509) 248 -0706
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following: •
RECOMMENDATION
Approve this rezone application, from the existing zoning for
the various parcels, to M -1.
Respectfully submitted this 1/kr day of February , 1993.
L
a
PHILIP A. B
Hearing Examiner
RECEIVED
FEB 2 6 1993
CITY OF YAKIMA
PLANNING 0lv
EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
FOR THE
CITY ANO COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 989C
(509) 248 -0706
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3002031
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•xt�'� ( �v` j V
ORDINANCE NO 93- 17 thy 17 1 `' t
12 19 j 1,33
AN ORDINANCE relating to zoning, rezoning 3 5 acres 8pand located west of
North 21st Avenue in the vicinity of FrbtivarecBouleyard in the
City of Yakima, Washington from Single- Fardily Residential (R -1),
Multi- Family Residential (R -3), and CBD Support (CBDS) to Light
Industrial (M -1), and amending the zoning map of the City of
Yakima.
WHEREAS, on January 28, 1993, the Hearing Examiner held a public hearing on
a rezone request initiated by the City of Yakima Public Works Department to rezone
seveiul parcels of land located to the west of North 21st Avenue in the vicinity of
Fruitvale Boulevard and adjacent to the existing Public Works Complex at 2301
Fruitvale Boulevard, the legal description of which is set out below, from an existing
mixture of zoning classifications to Light Industrial (M -1); and
WHEREAS, as a result of that hearing, the Hearing Examiner recommended to
the City Council that the rezone approval be granted, and
WHEREAS, at its public meeting on April 13, 1993, the City Council determined
that the recommendation of the Hearing Examiner should be affirmed and found that
said recommendation is consistent with the consideration 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
3 5 acres of land located on the western side of North 21st Avenue in the vicinity of
Fruitvale Boulevard and adjacent to the existing Public Works Complex at 2301
Fruitvale Boulevard in the City of Yakima, Washington, legally described in Exhibit
"A" attached hereto and incorporated by reference herein, from the mixed zoning
classifications of Single - Family Residential (R -1), Multi - Family Residential (R -3), and
CBD Support (CBDS) to Light Industrial (M -1) is hereby affirmed, and all of the above -
described real property shall be rezoned to Light Industrial (M -1)
Section 2 The Yakima City Council hereby adopts the findings and conclusions
pertaining to this rezone approval and contained in the Hearing Examiner's
Recommendation, City No UAZO RZ #5 -92, Examiner Number I93 -2 -6, a true copy of
which Recommendation is attached hereto as Exhibit "B" and incorporated herein by
reference.
Section 3 The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance with exhibits.
Page 1
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• Section 4 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
PASSED BY THE CITY COUNCIL, signed and approved this 13th day of April
1993
gett /4A
ATTEST Mayor
Leh 2 -✓v ) 9 c' ki �.
City Clerk
Publication Date: April 16, 1993
Effective Date: May 16, 1993
Page 2
(1s)ord /paolella /zoning rp