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HomeMy WebLinkAbout1992-3489 Rezone North 21st Avenue and River Road • ORDINANCE NO 3489 AN ORDINANCE. relating to zoning; rezoning 2 0 acres of land located near North 21st Avenue and River Road in the City of Yakima, Washington from Single - Family Residential (R -1) to Light Industrial (M -1), and amending the zoning map of the City of Yakima. WHEREAS, on May 20, 1992, the Hearing Examiner held a public hearing Clt on a rezone request initiated by Supercold Storage to_ rezone six parcels of land in the vicinity of North 21st Avenue and River Road, including 2104 - 2112 o River Road, in Yakima, Washington, the legal description of which is set out below, from Single - Family Residential (R -1) to Light Industrial (M -1), and G WHEREAS, as a result of that hearing, the Hearing Examiner recommended to the City Council that the rezone approval be granted subject to certain conditions, and WHEREAS, at its public meeting on July 14, 1992, the City Council determined that the recommendation of the Hearing Examiner should be affirmed and found that said recommendation is 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 2 0 acres of land located near North 21st Avenue and River Road in the City of Yakima, Washington, legally described as follows. PARCEL A. A tract of land lying in the Southwest quarter of the Northeast quarter of said Section 14, Township 13 North, Range 18, E.W M., described as follows: Beginning at the Northwest corner of the above described subdivision, said corner being marked by a stone with a cross cut in the top and located North of the centerline of the County Road, thence South along the Westerly line of said subdivision, 28.8 feet to the Southerly line of said County Road, thence East following said Southerly line of said County Road, 881 feet; thence South at right angles 300 feet; thence East on a line parallel to said County Road 52 8 feet to the true point of beginning; thence North 0 °05' East 300 feet to the South line of said County Road, thence East 61 feet; thence South 0 °05' West 300 feet; thence West 60 5 feet to the true point of beginning. • (Yakima County Assessor's Parcel No 181314 - 13003) 1 (ls)ord /rezone.rp voL 1375 0722 PARCEL B. The following tract of land lying in the Southwest 1/4 of the Northeast 1/4 of Section 14, Township 13 North, Range 18, E.W.M. Beginning at the Northwest corner of said subdivision, said corner being marked by a stone with a cross cut in top and located North of the centerline of the County Road, thence South along the Westerly line of said subdivision 28 8 feet to the Southerly line of said County Road, thence East following said Southerly line of said County Road, 881 feet to the point of beginning; thence South at right angles 300 feet; thence East on a line parallel to said County Road 52 8 feet; thence North 5' East 300 feet to the South line of said County Road, thence West along the South line of said County Road to the point of beginning. (Yakima County Assessor's Parcel No. 181314 - 13004) PARCEL C. A tract of land lying in the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18, E.W.M., described as follows: Beginning at the Northwest corner of the above - described subdivision, said corner being marked by a stone with cross cut in top and located North of the centerline of the County Road, thence South along the Westerly line of said subdivision 28 8 feet • to the Southerly line of said County Road, thence East following said Southerly line of said County Road 821 feet to the point of beginning; thence South at right angles 300 feet; thence East on a line parallel to said County Road 60 feet; thence North 0 °05' East 300 feet to the South line of said County Road, thence West along the South line of said County Road 60 feet to the point of beginning; (Also described as Lot 3, Block 1 of the unrecorded plat of Richardson's subdivision, adjacent to Yakima, Washington.) (Yakima County Assessor's Parcel No. 181314 - 13005) PARC L D Beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18, E.W M., said corner being marked by a stone with a cross cut in the top and located 28 8 feet North of the South line of the County Road, thence South 28.8 feet to the South line of said road, thence East 761 feet to the true point of beginning; thence East 60 feet along the South line of said road, thence South 225 feet parallel with the East line of 22nd Avenue North, thence West 60 feet; thence North 225 feet to the true point of beginning. (Yakima County Assessor's Parcel No 181314-13006 -1) • 2 (ls)ord /rezone.rp T von.1375 0723 PARCEL E: Beginning at the Northwest corner of the Southwest • 1/4 of the Northeast 1/4 of Section 14 Township 13 North, Range 18, E.W M., said corner being marked by a stone with a cross cut in the top and located 28.8 feet North of the South line of the road, thence South 28 8 feet to the South line of the County Road, thence East along said South line 761 feet; thence South 225 feet parallel with the East line of 22nd Avenue North, to the true point of beginning; thence South 75 feet; thence East parallel with the South line of said County Road 60 feet; thence North 75 feet; thence West 60 feet to the true point of beginning, (being also known as the South 75 feet of Lot 4, Block 1, of Richardson's Subdivision, unrecorded) TOGETHER WITH an easement 10 feet in width along the East side of that certain property hereinafter described for roadway to serve the property immediately South thereof; and an easement along the Westerly side of said described real property for water pipe line, towit: Beginning at the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of Section 14, Township 13 North, Range 18, E.W M., said corner being marked by a stone with a cross cut in the top and located 28 8 feet North of the South line of the County Road, thence South 28.8 feet to the South line of said road, thence East 761 feet to the true point of beginning; thence East 60 feet along the South line of said road, thence South 225 feet parallel with the East line of 22nd Avenue North, thence West 60 feet; thence North 225 feet to the true point of beginning (being also known as the • North 225 feet of Lot 4, Block 1, of Richardson's Subdivision, unrecorded) Records of Yakima County, Washington (Yakima County Assessor's Parcel No 181314-13007) PARCEL F. A tract of land lying in the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18, E.W.M., described as follows: Beginning at the Northwest corner of the above - described subdivision, said corner being marked by a stone with a cross cut in top and located North of the centerline of the County Road, thence South along the Westerly line of said subdivision 28.8 feet to the Southerly line of said County Road, thence East following said Southerly line of said County Road 641 feet to the East side of 22nd Avenue North to the true point of beginning; thence South along said East side of 22nd Avenue North, 300 feet; thence East parallel with said County Road 120 feet; thence North on a line parallel to said 22nd Avenue North 300 feet to the South line of said County Road, thence West along the South line of said County Road 120 feet, to the true point of beginning. (Yakima County Assessor's Parcel No. 181314-13045) • 3 (Is)ord /rezone.rp Tot. 1375 0724 from Single - Family Residential (R -1) to Light Industrial (M -1), subject to • certain conditions set forth in the Hearing Examiner's Recommendation, is hereby affirmed, and the above - described property will be rezoned to Light Industrial (M -1) upon satisfaction of the conditions set forth in Section 2 below Section 2 This rezone is expressly made subject to the following conditions: A. The property owners shall execute in recordable form and deliver to the City of Yakima a Statutory Warranty Deed which conveys additional rights -of -way on North 22nd Avenue and River Road, consisting of an additional five feet on North 22nd Avenue and approximately 1 2 feet on River Road to bring the rights -of -way to thirty feet from the centerline A copy of the necessary Statutory Warranty Deed is attached hereto as Exhibit A and incorporated herein by reference. B A six foot high solid fence shall be installed on the south and west, and Landscaping Standard A on the north, bordering River Road, prior to any industrial usage of the property • Section 3 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 #1 -92, Examiner No. I- 92 -2 -19, a true copy of which Recommendation is attached hereto as Exhibit B and incorporated herein by reference. Section 4 The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance with exhibits. Section 5 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 `= T'' day of - , 1992 p at* ' ;A::**, ,u04t6",-- `, V, Mayor Any � �t)S,•�•, t �^ •,�:� , r .. �a��.4;i�' o' `,' ,'�" °fit. 'wxa '. R It y.. l,, '. f_iti :Ci: lerk,0 P ub l' in rA at e - . _ , ' �.:.,. a Effective `a � ' wQ f 8 2 4 (ls)ord /rezone.rp voL. 375 ;0725 • STATUTORY WARRANTY DEED THE GRANTORS, ROBERT C. KERSHAW and KAREN H. KERSHAW, husband and wife, EDWARD R. KERSHAW and MARYANN KERSHAW, husband and wife, KERSHAW FRUIT & COLD STORAGE CO., a Washington corporation, SUPER INVESTMENTS, INC., a Washington corporation, and SUPER COLD STORAGE III, a Washington general partnership whose partners are Robert C. Kershaw and Edward R. Kershaw, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, convey and warrant to the City of Yakima, a municipal corporation of the State of Washington, the following - described real estate situated in Yakima County, Washington. The West 5 feet and the North. 1 2 feet except the West 5 feet of the following described property A tract of land lying in the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18, E.W M., described as follows: Beginning at the Northwest corner of the above - described subdivision, thence South along the Westerly line of said subdivision 28 8 feet to the Southerly line of River Road, thence East following said Southerly line of said River Road 641 feet to the East side of North 22nd Avenue and the true point of beginning; thence South along said East side of North 22nd Avenue, 300 feet; thence East parallel with said River Road 120 feet; thence North on a line parallel to said North 22nd Avenue 300 feet to the South line of said River Road, thence West along the South line of said River Road 120 feet, to the true point of beginning. AND The South 1.2 feet of the North 30 feet of the West Half of the Northeast quarter of the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18 East, W M. EXCEPT Any portion thereof lying within the following described parcel. A tract of land lying in the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18, E.W M., described as follows: Beginning at the Northwest corner of the last said subdivision, thence South along the Westerly line of said subdivision 28.8 feet to the Southerly line of River Road; thence East following said Southerly line of said River Road 641 feet to the East side of North 22nd Avenue and the true point of beginning; thence South along said East side of North 22nd Avenue, 300 feet; thence East parallel with said River Road 120 feet; thence North on a line parallel to said North 22nd Avenue 300 feet to the South line of Page 1 0726 (ls)deed /wrntydeed.rp 1 " — VOL 1375 � A . . BIT A said River Road, thence West along the South line of said River III Road 120 feet, to the true point of beginn g. % C=c�ro;7e / ,' DATED this \.- day of Somber, , S4- ?�� ROBERT C. KERSHAW / 4-v.„ ,,.� H. KERSHAW 1 / 7 ./A. LAJJ EDWARD R. KERSHA 1 / (L ' W - 1 i k /n1 Kg:A-44a ur YANN KERSHAW / KERSHAW 1 .1T & IL T•' . 0 t Arid Er i • , 1 g / c • By It: . r - way*, -, / S i 0' I 0 �,� f . By'' 0,,, 1 � _ — Its:/ / SUPER o P. STO ' et. J / • ali R • : / C. K 0'.. HAW, Part er .., . z ti4/ , EDWARD R. KERSHAW •tner • Page 2 (1s)deed /wrntydeed.rp VOL 1375 72, STATE OF WASHINGTON ) • .ss. County of Yakima ) I certify that I know or have satisfactory evidence that ROBERT C KERSHAW and KAREN H. KERSHAW are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal this \— day of __CD , 1992 N 41 TARY PUBLIC in and for t e State of shington, residing at ._ 1. t m av * y commission expires -. PM - STATE OF WASHINGTON ) .ss. County of Yakima ) I certify that I know or have satisfactory evidence that EDWARD R. KERSHAW and MARYANN KERSHAW are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I tiave hereunto set my hand and affixed my official seal this \ . day of C'Tc,-1/41:::.1 , 1992 ill ti �i:.,.._ NO IARY PUBLIC in and for th- State of Wa• ington, residing at yd s au commission expires G STATE OF WASHINGTON ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that 'Ro�ac2, &._ rnym the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the t"�ce�%deY,k of KERSHAW FRUIT & COLD STORAGE CO. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal this \ day of c -o\ a..r , 1992. N�PUBLIC in and forte State of Wa ahington, residing at a-_i commission expires 11. 7 9s` 0 Page 3 (1s)deed /wrntydeed.rp TeL 1375 0728 STATE OF WASHINGTON ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that46A- C.51 the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the of SUPER INVESTMENTS, INC. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNFSS WHEREOF I have hereunto set my hand and affixed my official seal this \— day of , 1992 N I ARY PUBLI in and for the State of ington, residing at .7.00 commission expires a (q STATE OF WASHINGTON ) ss. County of Yakima I certify that I know or have satisfactory evidence that ROBERT C KERSHAW and EDWARD R. KERSHAW are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were • authorized to execute the instrument and acknowledged it as the partners of SUPER COLD STORAGE III to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. It' WITNESS WHEREOF 1, have hereunto set my hand and affixed my official seal this \— day of ©c ar , 1992. NO RY PUBLIC in and for t e State of Was ington, residing at ommission expires Page 4 VOL, 1375 ' 0729 (1s)deed /wrntydeed.rp CITY OF YAKIMA Code A ministration_ �- 575 ` o - Housing.__......_....» -__ »- 575 -6101 Planning ------ - 575 -6113 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET CITY HALL, YAKIMA, WASHINGTON 98901 (509) 575 -6113 SCAN 278 -6113 FAX 575 -6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On June 8, 1992 the Yakima Hearing Examiner rendered his recommendation on the application submitted by Supercold Storage (Kershaw Fruit), UAZO Rezone #1 -92, of the property located at 2104 - 2112 River Road, Yakima, Washington, and was reviewed at a public hearing held by the Heanng Examiner on May 20, 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 Joan Davenport, Supervising Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), .575 -6164 Don S Skone Planning Manager Date of mailing 6/15/92 L-1"7111- p //011375 0730 • Rezone Application by ) SUMMARY OF SUPERCOLD STORAGE ) EXAMINER'S RECOMMENDATION (KERSHAW FRUIT), ) ) City No. UAZO RZ 41 -92 for Two Acres Near ) Examiner No. I92 -2 -19 North 21st Avenue and ) River Road, From ) R -1 to M -1. ) 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: Supercold Storage, a /k /a Kershaw Fruit, by Robert C. Kershaw and Edward R. Kershaw. Type of Application: Rezone. Location: 2104 - 2112 River Road, Yakima County Assessor Parcel Nos. 181314 - 13003; 13004; 13005; 13006; 13007; and 13045. Date Decision Filed: June 8, 1992. Current Land Use: Six parcels: three parcels contain single - family homes and three are vacant. Proposed Land Use: Controlled atmosphere warehouses. Current Zone: Single - Family Residential (R -1). Proposed Zone: Light Industrial (M -1). Decision: 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 i compatibility can be resolved; and a public need does exist for the proposed change. EXAMINER'S SUMMARY - 1 HEARING EXAMINER VOL 1375 0731 FOR THE 1/'V1 CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 with. 3. All notice provisions of the ordinance have been complied RECOMMENDATION Approve this rezone application, from R -1 to M -1, subject to execution by the applicant of additional right -of -way on North 22nd and River Road, consisting of an additional five feet on North 22nd and approximately 1.2 feet on River Road to bring the right -of -way to 30 feet from the center line, pursuant to documents prepared by the City. These documents should be executed by the applicant prior to final enactment of the rezone ordinance. A six foot high solid fence shall be installed on the south and west, and landscaping Standard A on the north, bordering River Road, prior to any industrial usage of the property. The landscaping requirement should be picked up by staff and enforced when the applicant applies for an industrial use permit. Examiner: ( lnN^..ft-t 4 11 0 EXAMINER'S SUMMARY - 2 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA VOL 1: 3 ' 75 '0' 32 POST OFFICE BOX 4 6 YAKIMA. WASHINGTON 98907 (509)248-0706 Rezone Application by ) ) SUPERCOLD STORAGE ) EXAMINER'S RECOMMENDATION (KERSHAW FRUIT), ) City No. UAZO RZ #1 -92 for Two Acres Near ) Examiner No. 192 -2 -19 North 21st Avenue and ) River Road, From ) R -1 to M -1. ) The Examiner conducted a public hearing on May 20, 1992. The staff report presented by Joan Davenport recommended approval. A representative of the applicant appeared, as did a number of residents primarily located on North 22nd Avenue. They are concerned about the transition from residential to industrial of their neighborhood, and the impact of truck traffic on their unimproved dirt street. The Examiner inspected the property prior 4110 to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval of the rezone. The major issue is whether access from this property should be on River Road or on North 22nd Avenue. This Examiner believes that a decision on that issue is premature due to the lack of a detailed development proposal and recommends that the issue be determined pursuant to SEPA review in the future. 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. Supercold Storage, a /k /a Kershaw Fruit, by Robert C. Kershaw and Edward R. Kershaw. • 2. Location. 2104 - 2112 River Road; Yakima County Assessor EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE 1375 0733 CITY AND COUNTY OF YAKIMA VOL Y + POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 • Parcel Nos: 181314 - 13003; 13004; 13005; 13006; 13007; and 13045. The legal description is attached as Exhibit A. 3. Application. Rezone. 4. Proposed Zone. Light Industrial (M -1). 5. Proposed Use Controlled atmosphere warehouses. 6. Current Zoning and Use. The subject area is currently zoned Single- Family Residential (R -1), consisting of six existing parcels. Three parcels contain single - family homes and three are vacant. Adjacent properties have the following characteristics: Location Zoning Existing Land Use North of River Rd. R -3 Residential (Aspen Village Condos) East M -1 Kershaw Fruit, industrial West R -1 Residential South R -1 Residential 7. Project Description. This is a proposed expansion to the west of the existing Supercold /Kershaw Fruit facility, located on River Road. The tentative proposal is for future construction of 59,568 square feet of controlled atmosphere warehouses in two buildings. The existing warehouse to the east is 36,800 square feet, accommodating 19,850 bins of fruit. The proposed expansion (` will accommodate an additional 40,000 bins. The new CA warehouses are planned to be built over a period of years. A proposed site plan was included by the applicant in the file. None of this is specific, it is not a master application, and the proposed site plans are not binding upon the owner. They have been submitted simply as an indication of current thinking. This application is simply for a rezone. The three major issues are access, landscaping, and the long- term zoning trend in this area. These issues will be dealt with under the zoning ordinance criteria below. 8. Yakima Urban Area Comprehensive Plan. The plan provides general guidance, reflecting concern as to availability of utilities and land use compatibility. All necessary utilities are available. River Road is a collector road carrying more than 1,600 vehicle trips per day; usage has increased in recent years due to substantial development activity in the area. North 22nd Avenue is EXAMINER'S RECOMMENDATION - 2 sr— HEARING EXAMINER `U .. 1375 Q ( 4 CffY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 a . ,. ,. _, - • - ,; . • • .,,. .,...,.....- ......,,...... -ter++ �^.a.�. _ _ •.,y ...x..a:.s•2:i�n�Vikatft .-• .`t W-.51k -S. V:+11LlupMY+[:.WrW Fi �.r :" and dead -ends at the railroad tracks to the south. It unimproved, is bordered on both sides by modest houses. The only real concern relative to the comprehensive plan is that by definition Light Industrial and Single- Family Residential zones side -by -side are basically incompatible. This incompatibility has existed in this area for many years, however. Granting this rezone will move the border of the industrial zone west a block, leaving a portion of North 23rd and North 24th as the only remaining residential streets. Each of those streets, however, include some industrial zoning. This Examiner recommended and the Council adopted a rezone recently for M. C. Snack, Inc., rezoning basically all of the land on the west side of North 23rd, except for four lots on the northeast corner of 23rd and River Road. That leaves the houses on the east side of 23rd as R -1, the houses on the west side of 22nd as R -1, and part of the houses on the east side of 22nd as R -1. • This area appears to be gaining in value as industrial property, at the expense of its residential usage. It is probable that the remaining residential property on both 22nd and 23rd will in the relatively near future convert to M -1 zoning. Even if the zoning changes, people who wish to stay in their housing will not be forced to leave, since the existing housing would be grandfathered in as a non - conforming use. The ongoing transition of the area to industrial, south of River Road, is consistent with the comprehensive plan, which attempts to balance predictability with responsiveness to market demand. The current planning issue is how to accommodate the transition without unduly disrupting the existing residential housing which prefers to stay residential. This rezone is consistent with the comprehensive plan, subject to dealing with the traffic concerns set forth below. 9. Yakima Urban Area Zoning Ordinance. The criteria for • rezones established by YMC 15.23.030.5 are considered below: 9.1 Testimony. At least five individuals with property or family living on North 22nd testified. They are very concerned EXAMINER'S RECOMMENDATION - 3 f OL 137 '.0735 HEAR OR THE INER f CRY AND COUNTY OF YAKIMA PAST AFFK'E BOX 4 ® about this rezone. They are generally opposed, but recognize that it is probably inevitable that this area goes industrial. In the meantime, they are concerned about this project's impact on their street, the safety of their children, impact upon their shallow wells, and dust. They are also concerned that increased truck traffic will conflict with the school bus which stops four times a day at 22nd and River Road. They acknowledge, however, that the Kershaws have been good neighbors. Additional concerns include adequately dealing with waste water from fruit washing and related activities, the impact on residential property values in the area, and the need for significant street improvements on 22nd if trucks are going to use that to access this property. One property owner, who owns the lot directly south of the parcels being rezoned, expressed at the hearing her willingness to negotiate with Kershaws concerning the sale of her property to them. It is not at all clear where that will lead; that parcel is not included in this rezone, but the fact that it might be 411/ purchased by Kershaws, and that according to their representative the Kershaws appear to be interested in purchasing it, reflects the changing nature of the area. This is similar to the M. C. Snack hearing, at which property owners immediately outside the rezone area wondered if they could join in the rezone at the time of the hearing (which they could not). 9.2 Suitability of the Property. The only thing that may make this property unsuitable for industrial uses is its proximity to residential uses, and the lack of adequate street improvements, on both North 22nd and River Road. In all other respects the property is well- suited for industrial use, being located on a city collector street and near a railway line. It is basically level, for the most part vacant, geologically stable, and not in a floodplain. 9.3 Agency Recommendations. The Design Review Team comments support the project, with some concerns regarding current water line capacity to deliver fire flows without enhancement. 4110 This is a technical issue which can get sorted out. Some concerns EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER VOL 1375 °Z FOR THE CITY AND COUNTY OF YAKIMA 1. POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 were expressed regarding the potential of this development to increase the load on the intersection of 16th Avenue and River Road. That is an increasing concern with all of River Road. There is a lot of development in this area and no specific public or private planning concerning improvements to River Road. That issue is really beyond the scope of this matter. The Planning Department recommends that this project be approved subject to execution of a concomitant agreement, which would require dedication of additional right -of -way along both North 22nd and River Road, prohibiting direct access from this property to River Road, and requiring that the trucks entering this property do so on North 22nd Avenue, which would be improved along the frontage of this property prior to construction of any warehouse facilities. This access and road improvement issue will be dealt with below concerning the adequacy of public facilities. 9.4 Compliance with Comprehensive Plan and Zoning Ordinance. This project complies with both the comprehensive plan and the zoning ordinance. This area is clearly in transition, with the only real issues being how to adequately buffer the remaining residential properties. 9.5 Adequacy of Public Facilities. Access - City staff suggests that truck access not be allowed on River Road from this property, in order to avoid conflicting with the access into Aspen Village. Staff recommends as an alternate that access be on North 22nd, thence to River Road, with North 22nd being improved along this property. The recommended improvements are full -width pavement together with curb and gutter on the east side of the street, along this property line. As part of the City's SEPA review a Mitigated Determination of Non - significance was issued which imposed these access limitations as conditions of approval. If this property were developed today, it is appropriate to impose these conditions, prohibiting access onto River Road, with full street improvements and access on 22nd. That creates real conflicts with the houses on 22nd, and assumes a warehouse EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER VOL '0737 FOR THE AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 site plan which has not really been developed. Given the circumstances at the hearing, where additional property may be purchased and perhaps later rezoned, it may be that this property can be developed with no new driveways onto either River Road or 22nd, utilizing the existing Kershaw driveways. This would eliminate for Kershaw the expense of either developing a new driveway on River Road or improving North 22nd. The point of the SEPA review at this stage was to clear the way for future construction, without further SEPA review of the warehouses. If more property is added, if there is another rezone hearing, if warehouse development takes a number of years, it suggests that SEPA review at this point might be premature, and that a more detailed proposal, with a minimum of bureaucratic delay, can be developed in the future which is responsive to both the applicant's concerns as well as those of the neighbors. If this rezone is granted, no public hearing would be required for warehouse approval. SEPA review would probably be entirely administrative. • Water - Some enhancement of water lines and hydrants will be necessary, pursuant to City specifications at the applicant's expense. Right- of -Way _ - Additional right -of -way is necessary for River Road and North 22nd Avenue in order to bring them up to appropriate standards. Dedication of five feet is required on 22nd and about 1.2 feet of dedication on River Road to bring the right - of -way to 30 feet from the center line. The impacts of this rezone clearly justify requiring dedication of this right -of -way. 9.6 Compatibility. Two issues are involved. These are landscaping and truck access. With respect to landscaping, Standard C is required for the south property line. Standard C is basically a six foot solid fence. This will help to buffer the adjacent residential area from the industrial activities. In order to be consistent with M. C. Snack, the six foot high solid fence should also be in place along the west property line, on North 22nd Avenue, except to the extent • necessary to accommodate any future access there. The fence should EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE .r- p�� "�j�J `! CRY AND COUNTY OF YAKIMA YV f1 L ! �,y /V V � YAKIM S WASHINGTON 98907 (509) 248 -0706 111 be sufficient, without additional landscaping. Landscaping Standard A, basically a strip of greenery with trees on 30 foot centers, should be installed along River Road. It is clear with the transition in this area, together with the expected co- existence of fairly substantial housing on one side of River Road with the industrial zone on the other, that we need to start paying attention to the ultimate configuration of River Road. YMC Ch.15.07 deals with site screening, and Table 7 -1 specifies the required site screening between different zones. Before any industrial type use can occur on this property, including simple storage of vehicles, the site screening standards need to be in place. The chart indicates that the boundary between M -1 and R -1 zones should be Standard C, which is a six foot high solid fence together with a three foot wide planting strip landscaped with a combination of trees, shrubs and ground cover along the outside of the fence when adjacent to streets. Under the circumstances, Standard A is more appropriate along River Road, since a six foot fence will do little to obscure a CA warehouse, and from a visual sense a ten foot wide landscaped planting strip with trees at 20 to 30 foot centers, shrubs, and ground cover (Standard A, YMC 15.07.040) will provide a more attractive and probably more effective buffer. Both the fencing, Standard C, on the south and west sides, and Standard A on the north side, should be installed prior to any M -1 utilization of the property. To the extent that the property remains in its existing residential configuration for a period of time, no additional landscaping is required. Truck access to this property could be defined at this point, but it appears premature for reasons reviewed in part above. The applicant's stated intent is to develop this for CA warehouses over the next several years. If they add more property, it may be possible to use existing driveways without incurring the expense or creating the traffic conflict problems of new driveways on either River Road or North 22nd. Since this is a rezone, and does not involve a specific development proposal, it is difficult to predict EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER FOR THE �,. CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 VOL . jy Y AKIMA. WASHINGTON 98907 icnc 1 .,.e n -A7nF 4111 how to handle this situation. M. C. Snack was somewhat different, in that they had a specific proposal, which was acceptable to the neighbors, and gave the impression that they were moving fairly quickly on the development of their project. In this instance, a way to review the access issue in the future is to go through another SEPA review, with an Environmental Checklist, for the actual building proposal. This project included SEPA review for a warehouse, but without the benefit of a specific site plan. That SEPA review, particularly given the developments at the hearing, appears premature. It is not particularly burdensome, and does not require a public hearing, to go through another SEPA review in the future with a specific project proposal. The benefit of the SEPA review is that it allows various governmental departments to review and comment on the proposal, sorting out access issues. The staff proposal to utilize a concomitant agreement may have been appropriate based on the information they had at that 4111 point, but now appears to probably unnecessarily tie everybody's hands. If the Council approves the rezone, the Council can require that the right -of -way dedication documents be executed prior to finalization of the rezone ordinance directing a map change. With respect to the access issue, if the SEPA review is not adopted by the Council, then any significant construction proposal not otherwise exempt from review under SEPA will be reviewed in the future in due course. 9.7 Public Need. As determined in the M. C. Snack recommendation, the River Road corridor has experienced significant industrial development in recent years, which has changed the character of the region. It is very much a neighborhood in transition with a mixture of industrial, low, and high density residential developments. This particular land is unlikely to be redeveloped for any residential use, and logically supports expansion of the neighboring industrial use. 10. State Environmental Policy Act. A Mitigated Determination of Non - significance was issued by the City of Yakima EXAMINER'S RECOMMENDATION - 8 HEARING EXAMINER FOR THE C(TY AND COUNTY OF YAKIMA WA_ 13715 YAKIM S WASHINGTON 98907 (509) 248 -0706 1 • on April 13, 1992. The comment period ended April 27, with no significant comments received. For the reasons set forth in this recommendation, the SEPA determination should not be accepted with respect to any future development proposal, which at the appropriate time in the future should be reviewed again. Accordingly, the Mitigated Determination of Non - significance should be treated as a Determination of Non - significance, with the clear possibility that the mitigating factors concerning limiting truck access may be applied in the future under subsequent SEPA review. 11. Public Notice. Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: May 8, 1992 - Mailing of notices to adjacent owners. May 8, 1992 - Posting of property. May 8, 1992 - Legal ad published. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. S 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. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION Approve this rezone application, from R -1 to M -1, subject to execution by the applicant of additional right -of -way on North 22nd and River Road, consisting of an additional five feet on North 22nd and approximately 1.2 feet on River Road to bring the right -of -way to 30 feet from the center line, pursuant to documents prepared by the City. These documents should be executed by the applicant prior to final enactment of the rezone ordinance. A six foot high EXAMINER'S RECOMMENDATION - 9 HEARING EXAMINER VOL 1375 074 FOR THE � CfTY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 solid fence shall be installed on the south and west, and 011/ landscaping Standard A on the north, bordering River Road, prior to any industrial usage of the property. The landscaping requirement should be picked up by staff and enforced when the applicant applies for an industrial use permit. Respectfully submitted this 8th day of June, 1992. PHILIP A. Hearing Examiner EXAMINER'S RECOMMENDATION - 10 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA VOL '� POST OFFICE BOX 4 13 75 YAKIMA. WASHINGTON 98907 (509) 248.0706 . • �. ( RECEIVED FEB 0 3 1992 41 1 CITY OF Y DIVA LEGAL DESCRIPTIONS PLAN 13045: A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 13 N, RANGE 18, E.W.N. 13004: W 52.8 FT OF E 57 FT OF W 938 FT OF S 300 FT ON N 328 FT OF SW 1/4 NE 1/4 13005: E 60 FT OF W 881 FT OF S 300 FT OF N 328.8 FT OF SW 1/4 NE 1/4 LOT 3, BLR. 1 13003: E 61.2 FT OF W 995 FT OF S 300 FT OF N 328.8 FT OF SW 1/4 NE 1/4, PT LOT 1 13006: S 225 FT OF N 253.8 FT OF E 60 FT OF W 821 FT OF SW 1/4 NE 1/4 13007: S 75 FT OF E 60 FT OF W 821 FT OF S 300 FT OF N 328.8 FT OF SW 1/4 NE 1/4 E�_hibit A Vat 1375 0743 M ammo 1 • III III , B ® 1 ® ® ` 1 4111111bi OM I 1111 = - • TAlkp I air II it I. Mina _ Elik ' -- Emilia 1 d ' - g Ell: mimitim1111.4 - A dr.,. d : • I L.1 ii 111. i`1 A: 7 MUM !I w op. - I • _ I , , ■ � R► =mon ril - .1.4,-,..,,,, 1 Ifilk:'‘ - - - MUNN] 1 CITY OF YAKIMA, LASHING, i ; ` : E Se. — 1 . 400 ,Information Services. - IS ; t .- 0 0 — 00 FILE N0 UAZO 4a11-92 , Y f' = . . i I- 1 er APPLICANT SUPERCOLD, STORAGE - % Subject area REQUEST REZONE FROM R -1 TO M -1 , 7V City limits LOCATION: 2104 -2108 & 2112 RIVER RD ALI t _ OR Zoning Boundq y a13 0744