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HomeMy WebLinkAbout1993-005 Rezoning northeast corner of 40th and Englewood ( � ORDINANCE NO. 93- AN ORDINANCE: relating to zoning, rezoning property located at the northeast corner of North 40th Avenue and Englewood Avenue in Yakima, Washington from R -3 (Multi - Family Residential) to B-1 (Profe•sional 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) for six lots at the northeast corner of North 40th Avenue and Englewood Avenue 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 December 17, 1992, 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 northeast corner of North 40th Avenue and Englewood Avenue in Yakima, Washington, the legal description of which is set out hereinbelow, 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 approved, subject to certain conditions; and WHEREAS, at its public meeting on February 2, 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 the northeast corner of North 40th Avenue and Englewood Avenue in Yakima, Washington, legally described as follows: Lot 1 of Short Plat 92 -90 Records of Yakima County Washington (Yakima County Assessor's Parcel No. 181315- 43401). from Multi- Family Residential (R -3) to Professional Business (B -1), and recommending approval of the preliminary plat of Medical View West, all subject to the certain conditions set forth in the Hearing Examiner's Page 1 (1s)ord /smith /lukehart rp OP . * 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 View West is hereby approved, and the Mayor is hereby authorized to sign the preliminary plat, subject to the conditions set forth in Section 2 below Section 2 This rezone and preliminary 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. B. All public and private utilities shall be underground. G Fire hydrants shall be provided and installed by the developer at locations and to the specifications of the City of Yakima Codes Administrator D. City Engineer approval of road improvement plans in conformance with the preliminary plat. IIP E. Five feet of right -of -way shall be dedicated to the City with respect to that portion of North 40th Avenue where currently it 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) F Final lot dimensions and lot areas shall substantially conform with the preliminary plat drawing dated November 4, 1992 on file with the City Planning Division. G. A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima County Clean Air Authority. A written notice 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 contacts during working hours regarding alleged air quality violations. H. No lots shall have direct access to North 40th Avenue or Englewood Avenue. This restriction shall be reflected in a notation on the face of the plat. When the final plat is submitted for City approval, the Director of Community & Economic Development shall make a written determination as to whether the • Page 2 (1s)ord /smith /lukehart rp .♦ foregoing conditions have 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 be amended to correspond to the rezone ordained by Section 1 of this ordinance upon satisfaction of the above conditions. 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 Sub /Prel Long Plat #5 -92 and UAZO RZ #6 -92, Examiner's No. I92- 24 -50, 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 fiie 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 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 2 - day of 2x , 1993 ATTEST 4 City Clerk Publication Date: "D- - 5 - S3 Effective Date: 3 - 7- S 1 Page 3 (1s)ord /smith /lukehart rp NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On December 30, 1992 the Yakima Hearing Examiner rendered his recommendation on the application submitted by Smith/Lukehart Partnership, UAZO Sub/Prel Long Plat #5 -92 & UAZO RZ #6 -92 of the property located at the northeast corner of North 40th and Englewood Avenues, Yakima, Washington. The application was reviewed at a public hearing held by the Hearing Examiner on December 17, 1992. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a Public Meeting to be scheduled. The City Clerk will notify you of the date, time and place of the public meeting. For further information or assistance you may contact Dan Valoff, Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575 -6163. on S. Skone Planning Manager Date of mailing: 12/31/92 (- RECEIVED DEC 3 01992 SUMMARY OF Preliminary Plat and ) EXAMINER'S RECOMMOMMEINAMMA Rezone Application ) PLANNING DIV. ) NO: UAZO Sub /Prel Long Plat by Smith /Lukehart ) #5 -92 6 UAZO RZ #6 -92 for R -3 to B -1 at ) EXAMINER'S NO. I92 -24 -50 40th 6 Englewood ) This summary of the Hearing Examiners 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. S U M M A R Y Applicant: Smith /Lukehart Partnership. Type of Application: Preliminary plat and rezone. Location: Northeast corner of North 40th and Englewood Avenues. Yakima County Assessor's Parcel No. 181315 - 43401. Date Decision Filed: December 30, 1992. Current Land Use: Vacant. Proposed Land Use: Medical clinics and office buildings. Current Zone: R -3 Proposed Zone: B -1 Decision: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed rezone and subdivision conforms with the goals and policies of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and the provisions of the City of Yakima Subdivision Ordinance. It will serve the public use and interest, subject to the conditions set forth in the recommendation below. 3. All notice provisions of the ordinance have been complied with. EXAMINER'S SUMMARY - 1 HEARING EXAMINER FOR THE CT' AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248 -0706 r- C Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION Approve this rezone application, from R -3 to B -1. Approve this preliminary plat, 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. 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. City Engineer approval of road improvement plans in conformance with the preliminary plat. E. Five feet of right -of -way shall be dedicated to the City with respect to that portion of North 40th Avenue where currently it 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). F. Final lot dimensions and lot areas shall substantially conform with the preliminary plat drawing dated November 4, 1992 on file with the City Planning Division. G. A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima County Clean Air Authority. A written notice 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 contacts during working hours regarding alleged air quality violations. H. No lots shall have direct access to North 40th Avenue or Englewood Avenue. This restriction shall be reflected in a notation on the face of the plat. Respectfully submitted this ` � 0 day of December, 1992. RECEIVED Examiner: (\t—t-11 DEC O 3 1992 CITY OF YAKIMA PLANNING DIV. EXAMINER'S SUMMARY - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 RECEIVED DEC 3 01992 CITY OF YAKIMA PLANNING DIV. Preliminary Plat and ) EXAMINER'S RECOMMENDATION Rezone Application ) ) NO: UAZO Sub /Prel Long Plat by Smith /Lukehart ) 15 -92 i UAZO RZ #6 -92 for R -3 to B -1 at ) EXAMINER'S NO. I92 -24 -50 40th 6 Englewood ) The Examiner conducted a public hearing on December 17, 1992. The staff report presented by Dan Valoff recommended approval. There was no opposition, but there were several questions about impact of traffic on Englewood, and the location of streets. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval of both the preliminary plat and the rezone. 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. Smith /Lukehart Partnership. 2. Location. Northeast corner of North 40th and Englewood Avenues. Yakima County Assessor's Parcel No. 181315 - 43401. The legal description is: Lot 1 of Short Plat 92 -90, Records of Yakima County, Washington. 3. Application. Preliminary plat and rezone. 4. Proposed Zone. Professional Business (B -1). 5. Proposed Use. Medical clinics and office buildings. 6. Current Zoning and Use. The property is currently zoned Multi- Family Residential (R -3). The lot subject to this application is one of four lots created by a short plat filed with EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 the Yakima County Auditor in September, 1992. The property is currently undeveloped. Land use and zoning on adjacent property is as follows: Location Zoning Existing Land Use North R -3 Vacant East R -3 Vacant South R -1 City water reservoir West (across 40th) R -1 Church R -2 Duplex Diagonally across the intersection of 40th and Englewood, on the southwest corner of the intersection, is 37 House and the recently approved B -1 development owned by Dr. Michael Taylor. 7. Project Description. The Smith /Lukehart partnership wants to rezone approximately 5.31 acres located in the northeast corner of the intersection of 40th and Englewood Avenues. Six lots would be created, arranging in size from 27,000 to 39,200 square feet. A new north 39th Avenue would be constructed serving this property, ending in a cul -de -sac. City water and sewer would be extended into the plat. There would be no access to North 40th. The current intention is to market the land for construction of medical offices on the proposed lots. At this time they have a contingent offer on three of the lots for a medical clinic, and negotiations under way concerning some of the other lots. There are no specific development plans for the adjacent vacant land, some of which was part of the recent short plat. The rezone will be considered first, because the zoning sets the pattern for subsequent land use division and utilization. 8. Yakima Urban Area Comprehensive Plan. The Plan's land use compatibility table, OLU -1, indicates that professional services development is most compatible adjacent to other professional services, commercial, and high density residential land uses. The plan as a general goal indicates that future development should be compatible with existing uses, and served by public utilities. There are no compatibility issues raised by this proposal. The only significant policy issue is whether increasingly EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER FOR THE CT' AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 scarce R -3 zoned ground should be converted to similarly scarce B -1 zoning. Both public planning policy and the market forces tend to influence these decisions. One of the factors seem to be that financing for multi - family residential is difficult to arrange, at the same time that B -1 projects on large vacant parcels seem to be increasingly popular and financially feasible. This proposal furthers the goals of the Plan to maintain Yakima as a health care center for the region, and to foster its continued commercial success. This proposal does so at the expense of decreasing the inventory of vacant R -3 ground. The owners appear to be willing to develop the property as either residential or professional office, and are pursuing the professional office alternative at this point because they have more demand for that than for residential. This in turn is consistent with the Plan's emphasis on being responsive to market forces. 9. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YMC 15.23.030(5) are considered below: 9.1 Testimony. There was no opposition. There was concern by a resident across Englewood about the location of new North 39th Avenue off Englewood relative to Howard Avenue, which is a private drive servicing the upper deck of the tennis court and several residences. His concerns were resolved at the hearing. Mr. and Mrs. Martin Secondo testified as to their concern about the difficulty of making a left turn off 40th onto Englewood. They would like to have the light modified to include a directional left turn signal. This Examiner indicated that this project is unlikely to result in improvements to that intersection, but that the Secondos should feel free to convey their concerns to the City Council. Leonard Frejo, with REW, testified that he represents a medical group consisting of at least three local physicians who have conditionally contracted to buy and develop lots 1, 2 and 3 of this project for a medical clinic. Mark Smith, on behalf of the applicant, testified that in addition to the local interest in three of the lots, an out -of -town EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248.0706 medical group is interested in lots 5 and 6. He also indicated that this project is a logical use of the land; from a residential standpoint it is the least desirable area of the Lukehart parcel since it is located along the arterials of both 40th and Englewood. It is unknown how this project might connect in the future to Kern and whether or not Kern would continue to have access to 40th Avenue. Those issues are not being resolved by this proceeding. 9.2 Suitability of the Property. The property is suited for all uses permitted in the B -1 zoning district identified in UAZO Table 4 -1. The B -1 zone is the most restrictive business zone, with very few uses permitted outright as a Class 1 use. Most commercial and retail uses are not permitted in the B -1 zone. Offices for Realtors and Doctors are the most prevalent use permitted outright. Professional offices and, in some areas, a mix of professional offices and multi - family dwellings are the primary use of the B -1 zoning district. This property is well suited for B -1 uses. The existing character of surrounding land uses along with location adjacent to a major arterial would indicate that the subject property is suitable for B -1 type development. 9.3 Agency Recommendations. The city planning department recommended approval of this rezone. The county planning department during SEPA review indicated that this proposal would reduce the already short supply of vacant R -3 zoned property in the urban area, and that the applicant should be prepared to demonstrate how the need for B -1 zoning in this location is greater than the need to retain R -3 zoning. They also indicated, an agreement with the city, that direct access to North 40th Avenue should be prohibited. 9.4 Compliance with Comprehensive Plan and Zoning Ordinance. Subject to the policy issue set forth above, concerning converting R -3 land to B -1, this project complies in all technical details with the zoning ordinance and the comprehensive plan. 9.5 Adequacy of Public Facilities. Public facilities including roads, sewer, and water are adequate to serve this EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA . WASHINGTON 98907 (509) 2494706 r f location. A new city street will be built on the interior. Previous traffic studies in this area, as for Fred Meyers in 1990, indicate that peak hour traffic generation for both R -3 and B -1 land uses are about the same. Typically, however, B -1 uses generate two to three times the total volume of trips as R -3 uses. The total vehicle trips, however, are distributed throughout the day. The facilities are adequate for both R -3 and B -1 zoning. 9.6 Compatibility. Pursuant to the comprehensive plan, B -i development is compatible both on paper and in reality, with the adjacent R -3 high density residential zone property, some of which is developed and some of which is vacant. This project is also compatible with the residential development south of Englewood. Much of that area is served by a private drive, which will be located approximately directly south of the new 39th Avenue. All of the lots in this plat will have their access onto interior streets, with no access onto 40th or Englewood. 9.7 Public Need. Determining public need involves balancing public planning policy with market demand. This large parcel of ground has been vacant since before adoption of the Urban Area Zoning Ordinance in 1986. During all of that time it has been zoned R -3. A portion of it has in recent times been developed with R -3 projects. The largest portion, however, remains vacant even though it has been held for a number of years by individuals or entities who are actively interested in developing it. Since adoption of the Urban Area Zoning Ordinance, particularly in the last three years, the urban area has experienced increased demand for professional office buildings, primarily on the west side, for relocation of medical facilities. Oral surgeons, dentists, physicians, and opthamologists have all built on B -1 or similar property, on the west side, in the last three years. The city's vacant land study, done within the last year, indicates that there are 25 useable acres of B -1 zoned property. However, there are very few large parcels, particularly located on arterials. A similar scarcity exists concerning R -3 property. The EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (5091248 -0706 difference between the two is that there has been market demand for B -1 property, and projects have actually been built. With respect to R -3, this Examiner has had several hearings concerning large multi - family projects. Although approved, the projects have not gotten off the ground. This intersection, 40th and Englewood, is in the midst of a significant amount of retirement housing, and if this project is approved appears likely to develop as a medical hub for the community. For years there has been little development along 40th, and now, within the last year, it is experiencing significant development pressure. Given the residential character of many of the neighborhoods along 40th, it is more desirable to have this developed as professional offices than as more commercial retail. Market and development trends indicate a significant change of circumstance has occurred in this area, justifying this rezone. 10. Subdivision Review. 10.1 Total Area. 5.31 acres. 10.2 Number of Lots. Six lots. 10.3 Lot Size. The lots range in size from 27,000 to 39,200 square feet (.6 to .9 acres). 10.4 Lot Access. All of the lots will have access to new north 39th Avenue, which will cul -de -sac on the north property line. There will be no access from the lots onto North 40th Avenue. There will be no access to Englewood from the lots, since they will be below the Yakima Valley canal which cuts off the corner between North 40th and Englewood Avenue. The land above the canal is owned by the city. 10.5 Street Access. South 39th Avenue will run north from Englewood, adjoining what will probably be called Fairbanks Avenue, an extension of existing Fairbanks which serves the multi- family housing project to the east. These six lots will be able to access Englewood from both North 39th and existing North 37th Avenues. EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 1509) 248 -0706 The right -of -way for 40th Avenue adjacent to this property tends to meander. At some points, there is 50 feet east of the centerline, and at some points 45 feet. In those areas where it is only 45 feet, an additional 5 feet of right -of -way along North 40th will be required. This is not opposed by the applicant. The right -of -way for Englewood Avenue is 35 feet north of the centerline and is adequate. 10.6 New North 39th and new Fairbanks Avenue will be built to standard city local access street standards, as reflected on the plat. They will be located within 50 feet of right -of -way, with 33 feet of pavement to back of curb. The streets will have curbs as reflected on the plat. 10.7 Water Supply. City of Yakima. 10.8 Sewage Disposal. City of Yakima, Yakima Regional Wastewater Treatment Plant. 10.9 Utility Easements. Eight foot public utility easements are reflected on the plat. 10.10 Sidewalks /Street Lights. Sidewalks will be located on the west side of North 39th Avenue, and on the north side of Fairbanks Avenue. They will be located immediately adjacent to the curb and five feet wide. Standard residential street lights will be placed as indicated on the preliminary plat. 10.11 Open Spaces. Parks and playgrounds are not provided. Chesterly Park is located within walking distance to the north. 10.12 Sight for Schools. School locations are not provided. The area is served by Gilbert Elementary. 11. Public Health, Safety and Welfare. This plat is consistent with these concerns. 12. Compliance with Comprehensive Plan and Zoning Ordinance. This plat complies with both the comprehensive plan and the zoning ordinance. 13. Environmental Review. A final Determination of Non - EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAK MA. WASHINGTON 98907 (509) 248 -0706 (-\ significance was issued by the City Planning Department on November 17, 1992. 14. 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 subdivision conforms with the goals and policies of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and the provisions of the City of Yakima Subdivision Ordinance. It will serve the public use and interest, subject to the conditions set forth in the recommendation below. 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 application, from R -3 to B -1. Approve this preliminary plat, 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. 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. City Engineer approval of road improvement plans in conformance with the preliminary plat. E. Five feet of right -of -way shall be dedicated to the City with respect to that portion of North 40th Avenue where currently it is 45 feet of right -of -way, for a total of 50 feet of total EXAMINER'S RECOMMENDATION - 8 HEARING EXAMINER FOR THE CT' AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 right -of -way along the frontage of North 40th Avenue. (To be noted on the face of the final plat). F. Final lot dimensions and lot areas shall substantially conform with the preliminary plat drawing dated November 4, 1992 on file with the City Planning Division. G. A method of dust control during the construction phases shall be submitted to, and approved by, the Yakima County Clean Air Authority. A written notice 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 contacts during working hours regarding alleged air quality violations. H. No lots shall have direct access to North 40th Avenue or Englewood Avenue. This restriction shall be reflected in a notation on the face of the plat. Respectfully submitted this O day of December, 1992. ( PHILIP A. LAMB Hearing Examiner RECEIVED DEC 3 01992 CITY OF YAKIMA PLANNING DIV. EXAMINER'S RECOMMENDATION - 9 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706