HomeMy WebLinkAbout1992-3461 Rezoning 102-104-106 North 6th Street ORDINANCE NO. 34
AN ORDINANCE relating to zoning; rezoning property located at
102, 104, and 106 North 6th Street in Yakima,
Washington from R -3 (Multi - Familty Residential)
to B -1 (Professional Business); amending the
Zoning Map of the City of Yakima; approving a
Class 2 use (gymnasium parking lot in the B -1
district); and approving an administrative ad-
justment for lot coverage, fence height, and site
screening standards.
WHEREAS, on April 30, 1992, the Hearing Examiner held a
public hearing on a master application submitted by Yakima
Family YMCA to rezone property located at 102, 104, and 106
North 6th Street in Yakima, Washington, the legal description
of which is set out hereinbelow, from R -3 (Multi- Family Resi-
dential) to B -1 (Professional Business), and for approval of a
Class 2 use and administrative adjustments; and
WHEREAS, as a result of that hearing the Hearing Examiner
• recommended to the City Council that the rezone be granted,
the Class 2 use be approved, and the administrative adjust-
ments of lot coverage, fence height, and site screening stan-
dards be approved, all subject to the certain conditions; and
WHEREAS, at its public meeting on May 26, 1992, the City
Council determined to accept the Hearing Examiner's Recommen-
dations 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, there-
fore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The decision of the Hearing Examiner recom-
mending the rezone of property located at 102, 104, and 106
North 6th Street in Yakima, Washington, legally described as
follows:
Lots 1, 2, 3, and the south half of Lot 4,
Block 109, Town of North Yakima, now
Yakima, as recorded in Volume "E" of
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(ord /rezone.rp)
Plats, Page 1, Records of Yakima County,
Washington.
(Yakima County Assessor's Parcel Numbers
191319 -21472 and 191319 - 21473.)
from Multi - Family Residential (R -3) to Professional Business
(B -1), and recommending approval of the Class 2 use of a
gymnasium parking lot in the B -1 district, and recommending
the administrative adjustments for lot coverage, fence height,
and site screening standards, 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 of the conditions set forth in Section 2 below. The
applicant's request for Class 2 approval of a gymnasium park-
ing lot in the B -1 district is hereby approved, and the re-
quest for administrative adjustment for lot coverage, fence
height, and site screening standards is hereby approved, all
as described and set forth in the Hearing Examiner's Recommen-
dation and subject to the conditions set forth in Section 2. •
below.
Section 2. This rezone and Class 2 approval is expressly
made subject to the following conditions
A. The applicant shall prepare a final
site plan for approval by the Department
of Community & Economic Development show-
ing detailed landscaping, irrigation,
drainage, lighting, fencing, access, and
on -site improvements.
B. An eight foot fence shall be install-
ed along the west and north sides of the
above - described property, with the fence
on the north side to be view obscuring. A
six foot fence shall be installed along
the east side of the above- described
property with a two foot wide planting
strip between the fence and sidewalk. The
applicant shall maintain the planting
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(ord /rezone.rp)
strip between the street and the sidewalk
along 6th and "A" Streets.
C. The maximum lot coverage shall be 90%
with 10% to be landscaped in accordance
with UAZO Section 15.06.090.
D. Parking lot lighting shall be in-
stalled in accordance with UAZO Section
15.06.100.
E. The applicant shall reconstruct the
curb and gutter along 6th Street, closing
the existing curb cuts. A maximum of two
curb cuts along "A" Street shall be lo-
cated at the direction of the City Traffic
Engineer, the easterly curb cut to be
"entrance only" and the westerly curb cut
to be "exit only."
Section 3. The Yakima City Council hereby adopts the
findings and conclusions pertaining to this rezone /master
application approval and contained in the Hearing Examiner's
• Recommendation, City No. UAZO RZ 3 -92 and UAZO CL(2) 3 -92 and
UAZO ADM ADJ 8 -92, Examiner No. I92- 21 -16, a true copy of
which Recommendation is attached hereto as Exhibit A and
incorporated by reference herein.
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, and this decision
shall be final and conclusive unless within 30 days from the
date of final action by the City Council an aggrieved party
obtains an appropriate writ of judicial review from the Yakima
County Superior Court for the purpose of review of the action
taken.
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(ord /rezone.rp)
PASSED BY THE CITY COUNCIL, signed and approved this
•
day of c4Lyt, , 1992.
Qa.6
✓ Mayor
ATTEST:
City Clerk
Publication Date: � g`� 2
Effective Date -00792_
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(ord /rezone.rp)
RECEIVED
APR 3 01992
COMMUNITY oF r�uc�
APPLICATION BY Y.M.C.A. ) EXAMINER'S r
FOR REZONE, CLASS (2) RECOMMENDATION
USE AND ADMINISTRATIVE
ADJUSTMENT UAZO RZ 3 -92
UAZO CL (2) 3 -92
UAZO ADM. ADJ. 8-92
EXAMINER NO. I92 -21 -16
The Yakima Y.M.C.A. has submitted a Master Application
for rezone of 102, 104 and 106 North 6th Street from R -3
(multi- family residential) to B -1 (professional business), for a
Class (2) use (a gymnasium parking lot in the B -1 district) and
for an administrative adjustment (lot coverage, fence height and
site screening standards). A public hearing was held on April
22, 1992. The Examiner inspected the property prior to the
hearing.
.This decision constitutes a recommendation to the
Yakima City Council pursuant to UAZO 15.23.030E.
SUMMARY OF RECOMMENDATION
The Master Application should be approved with
conditions.
From a 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 public
hearing the Examiner makes the following:
FINDINGS
1. APPLICANT: Yakima Y.M.C.A.
2. LOCATION: Two parcels situate on the Northwest
corner of the intersection of North 6th Street and East "A"
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EXHIBIT A
Streets commonly known as 102, 104 and 106 North 6th Street,
Parcel Nos. 191319 -21472 and 191319 - 21473.
3. JURISDICTION: The application for rezone comes
before the Hearing Examiner pursuant to UAZO 15.23.030. The
Examiner is authorized to undertake Class (2) review pursuant to
UAZO 15.14.040.3 and make certain administrative adjustments
pursuant to UAZO 15.10.020.
2. LAND USE AND ZONING: The two parcels are zoned
R -3 and have older, but usable dwellings situate on them.
Surrounding Zoning: The property to the North,
East (across 6th Street) and South (across A) is zoned
R -3. The property to the West is zoned B -1. To the
Southeast and across 6th Street the zoning is CBDS.
. Surrounding Land Uses: The property to the North
and South is multi - family residential. To the West is
a church. To the East the use is single family and
professional office. To the Southeast is a
restaurant.
5. PROPOSAL: The Y.M.C.A. proposes to remove the
existing residences and develop the site as a parking lot for 62
vehicles. The applicant proposes to install and 8 foot fence on
the North and West sides and a 6 foot fence on the 6th Street
side. The entrance and exit would be on A Street. The proposal
includes 90% lot coverage with 10% landscaping.
6. THE REZONE: UAZO 15.23.030E requires
consideration of the following:
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(1) Testimony at the public hearing: All
testimony at the hearing was in favor of the application. Two
Y.M.C.A. Board members and the director testified as to the
great need of the Y.M.C.A. for off - street parking. The
Y.M.C.A. presently has over 5,000 members. The need for parking
is substantial.
(2) Suitability of the property for the use
permitted under the proposed zoning: Because of its location
and the fact that the surrounding uses and zoning are basically
compatible with that of a parking lot, the property is suitable
for use as a parking lot.
(3) The recommendation of interested agencies and
departments: All recommendations are in favor of the proposal.
(4) Extent to whic. the proposed rezone is in
compliance with the goals and policies of the Yakima Urban Area
Comprehensive Plan and the intent of the UAZO: The proposal
helps maintain and enhance the Yakima Central Business District
because among other things it assures the continued downtown
presence of the Y.M.C.A. and provides much needed downtown
parking for the Y.M.C.A. which will make available to others
parking spaces now being used by Y.M.C.A. members or guests.
The maintenance and enhancement of the Central Business District
is one of the goals and policies of the Urban Area Comprehensive
Plan and the Downtown Futures Plan.
(5) Adequacy of public The proposed
parking lot abuts public streets and will require only
irrigation water and electricity which are available at the
site.
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(6) Compatibility of proposed zone change and use
with neighboring land uses: The proposal is compatible. See
No. (2) above.
(7) Public need for proposed change: Testimony
at the public hearing clearly demonstrated a need for the
proposal.
7. CLASS (2) USE IN B -1 ZONE: UAZO 15.06.020
provides that a parking lot as an accessory use to another
principal use shall be subject to the same review procedures as
the principal use. A gymnasium is a Class (2) use in the B -1
zone. See Table 4 -1. Class (2) uses are generally permitted in
the particular zoning district, UAZO 15.04.040.2. This proposed
parking lot is compatible with intent of the B -1 district as
stated in UAZO 15.03.030.5.
8. ADMINISTRATIVE ADJUSTMENTS:
(1) Fence height standards: These standards are
set forth in UAZO 15.05.020G. Eight (8) foot fences in a
commercial district for the rear and side yard are authorized as
the maximum height when not bordering a street. The fence on
the East side of the lot will border 6th Street. This section
of the ordinance is ambiguous as to the standard for the East
fence line. However, a 6 foot fence on the 6th Street side
would seem appropriate because a 6 foot fence is permitted in
residential districts if placed behind the required set back.
The Y.M.C.A. proposed to place the East fence on or behind the
set back. Fences in commercial districts should be at least as
high as fences in residential districts.
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(2) Site screening: The standards are set forth
in UAZO Chapter 15.07. Table 7 -1 indicates that site screening
standard "C" applies as to the North line. The table further
indicates no site screening is required as to the West and East
lines of the proposed lot. Because of the two story apartment
building to the North, the church to the West and the 6 foot
fence proposed to the East along 6th Street, a modification is
in order so as to provide for an eight (8) foot view obscuring
fence on the North, an 8 foot fence on the West and a two (2)
foot wide landscaped planting strip should be provided for and
maintained between the six (6) foot fence and sidewalk on the
East to minimize the effect of the six (6) foot fence along 6th
Street. To mitigate the impact of the adjustment of the site
screening requirements, the applicant should maintain the
existing planting strip between the sidewalk and the street
along both A Street and 6th Street.
(3) Lot coverage: Lot coverage standards are set
forth in UAZO Chapter 15.05. Table 5 -1 provides that the lot
coverage in the B -1 zone shall not exceed 80%. Lot coverage may
be adjusted pursuant to UAZO Chapter 15.10. UAZO 15.06.090
provides that parking lots with 5 or more spaces shall have 5%
of the lot devoted to landscaping. The applicant proposes 10%
landscaping on this lot. That is a satisfactory trade off and
thus 90% lot coverage should be permitted with landscaping
emphasized on the South and East sides.
(4) Parking lot lighting: Pursuant to UAZO
15.06.100 lighting should be provided to illuminate the entire
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lot at night. All lighting should be directed to reflect away
from adjacent properties.
(5) Curb cuts: While the UAZO is silent
concerning curb cuts, conditions may be attached to an approval
in order to assure the development is consistent with the
intent of the ordinance. UAZO 14.15.040.4. As a condition of
approval, the applicant should reconstruct the curb and gutter
along 6th Street closing the existing curb cuts. The new
Easterly curb cuts along 6th Street should be located at the
direction of the City traffic engineer with the Easterly curb
cut designed for entry only and the Westerly cut for exiting the
parking lot.
9. PEDESTRIAN LIGHTING: The staff report recommends
as a condition of approval that the applicant install three (3)
sidewalk pedestrian lights adjacent to the sidewalk between
Naches Avenue and North 6th Street. The undersigned finds no
provision of the UAZO which would directly authorize the
imposition of such a requirement. Nevertheless, the applicant
apparently feels such lights would be beneficial. The applicant
pointed out, however, and the examiner finds that the
beneficiaries of such lights would be the Y.M.C.A., Y.W.C.A.,
the mall, and the general public. The applicant estimates the
costs of such lights would be approximately $10,000 and suggests
that the cost be borne equally by the Y.M.C.A., Y.W.C.A., the
Mall and the City. The applicant reports that the mall and
Y.W.C.A. have tentatively agreed to each pay one - fourth of the
cost with the Y.M.C.A. paying one - fourth. Since this decision
is only a recommendation and this matter must to to the City
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Council, the undersigned recommends that the City agree to pay
one - fourth the cost and an agreement be entered into by all four
parties for the installation of the lights. Otherwise, the
Y.M.C.A. should not be required to pay the entire cost of the
installation.
CONCLUSION
1. The examiner has jurisdiction.
2. The application conforms with the goals and
policies of the Yakima Urban Area Comprehensive Plan and the
intent of the Urban Area Zoning Ordinance and will serve the
public use and interest subject to the conditions set forth in
the recommendation below.
RECOMMENDATION
Approval of the application for rezone and Class (2)
use subject to the following conditions:
1. The applicant prepare a final site plan for
approval by the Department of Community Development showing
detailed landscaping, irrigation, drainage, lighting, fencing,
access and on -site improvements.
2. An eight foot fence along the West and North
sides, the fence on the North to be view obscuring. A six foot
fence along the East side with a two foot wide planting strip
between the fence and the sidewalk. The applicant to maintain
the planting strip between the street and sidewalk along 6th and
A Streets.
3. Maximum lot coverage shall be 90% with 10% to be
landscaped in accordance with UAZO 15.06.090.
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4. Parking lot lighting in accordance with 15.06.100.
5. Reconstruction of curb and gutter along 6th
Street, closing the existing curb cuts. A maximum of two curb
cuts along A Street to be located at the direction of the City
Traffic Engineer, the Easterly curb cut to be an "entrance only
and the Westerly curb cut to be an 'exit only' cut.
6. The applicant, the Y.W.C.A., Yakima Mall and City
of Yakima enter into an agreement to share equally the cost of
installing three (3) pedestrian lights between Naches Avenue and
6th Street, the location, placement and specifications to be
approved by the City Traffic Engineer. A kC
DATED this 30th day of April, 1992. "TO
APR 3 019
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'SN.LD F. WHITARER
Hearing Examiner Pro Tem
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