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HomeMy WebLinkAbout1991-3341 Rezoning . f ORDINANCE NO. 11341 • AN ORDINANCE rezoning 11 acres of land north of "A" Street and west of Interstate 82 in the City of Yakima, Washington from Light Industrial (M -1) to Central Business District Support (CBDS) and amending the zoning map of the City of Yakima. WHEREAS, on January 16, 1991, the Hearing Examiner held a public hearing on a rezone request initiated by First Western Development of Washington IV Associates, Inc. to rezone 11 acres of land north of "A" Street and west of Interstate 82 in Yakima, Washington, the legal description of which is set out hereinbelow, from Light Industrial (M -1) to Central Business District Support (CBDS); and WHEREAS, as a result of that hearing, the Hearing Examin- er recommended to the City Council that the rezone be granted subject to the condition that the parties execute the attached Concomitant Agreement; and WHEREAS, at its public meeting on February 26, 1991, the • City Council determined that the recommendation of the Hearing Examiner should be affirmed; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The decision of the Hearing Examiner recom- mending the rezone of 11 acres of land located north of "A" Street and west of Interstate 82 in the City of Yakima, Wash- ington, legally described as follows: A tract of land lying in the South- east quarter of Section 18, Township 13 North, Range 19 East, W.M., described as follows: Fractional Lots 13, 14 and 15 of the South 13 feet of Lot 12, Block 208, Eastern Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, page 19, records of Yakima County, Washington, ALSO the North half of the South half of the Southeast quarter of the Southeast quarter of Section 18; i 1 - (ord /rein) a -„ EXCEPT the East 177.4 feet thereof, EXCEPT any portion lying North and West of the following described 411 line: Commencing at the Southwest corner of Lot 16, Block 208 of said plat; thence North 18 30' West along the Easterly line of North Tenth Street 213.00 feet to the true point of beginning of the herein described line; thence North 71 30' East 208.60 feet to the North line of the North half of the South half of the Southeast quarter of the Southeast quarter of said Section 18; thence South 89 15'39" East along the said North line to the Northeast corner of said subdivision and the terminus of the herein described line, EXCEPT any portion lying South and West of the following described line: Beginning at the Southwest corner of Lot 15, Block 208 of said plat; thence North 71 30' East at right angles to the Easterly line of North Tenth Street 65.88 feet to the West line of the above referenced sub- • division; thence North 82 28' East 255.00 feet; thence South 3 15' East 162.70 feet to the South line of said subdivision and the terminus of the herein described line, EXCEPT that portion conveyed to the State of Washington for primary State Highway No. 3 by deed recorded January 9, 1959 in Volume 590 of Deeds, under Auditor's File No. 1753028, AND EXCEPT that portion lying South and East of the following described line: Commencing at the Southeast corner of Section 18; thence North 0 22'06" West along the East line thereof 330.00 feet to the true point of beginning of the herein described line; thence North 89 04'57" West along an existing fence 916.00 feet; thence South 0 09'47" West 8.58 feet to the South line of the North half of the South half of the Southeast quarter of the Southeast quarter of 110 - 2 - (ord /rezn) said Section 18 and the terminus of the herein described line. 111 Together with; That portion of the following de- scribed tracts lying Southwesterly of a line drawn parallel with and 110 feet Southwesterly, when measured at right angles and /or radially from the center line of Primary State Highway No. 3, Selah Junction to East Yakima Avenue. The specific details of which are to be found within that certain map re- corded in Book A of Highway Plats, page 47. That portion of the North half of the South half of the South half of the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 18, Township 13 North, Range 19, E.W.M., as follows: - Beginning at the Northeast corner of said subdivision, said point be- ing North 1 55' West 330 feet from the Southeast corner of said Sec- tion; thence South 89 52' West along . the North line of said subdivision, 916 feet thence South 1 55' East 168 feet, more or less, to the South line of said subdivision; thence North 89 41' East along said South line 916 feet to the East line thereof; thence North along said East line 165 feet more or less, to the point of beginning. AND That portion of the East 177.4 feet of the North half of the South half of the Southeast quarter of the Southeast quarter of said Section 18. AND The East 175 feet of the South 165 feet of the Southeast quarter of the Southeast quarter of said Section 18, Township 13 North, Range 19, E.W.M., EXCEPT the South 15 feet for public street. • - 3 - (ord /rein) Together with; That portion of the North half of • the South half of the Southeast quarter of the Southeast quarter of Section 18, Township 13 North, Range 19, E.W.M., lying South and East of the following described line: Commencing at the Southeast corner of said Section 18; thence North 0 22'06" West along the East line thereof 330.00 feet to the true point of beginning of the herein described line; thence North 89 04'57" West along an existing fence 916.00 feet; thence South 0 09'47" West 8.58 feet to the South line of the North half of the South half of the Southeast quarter of the Southeast quarter of said Section 18 and the terminus of the herein described line. All situate in Yakima County, Wash- ington. from Light Industrial (M -1) to Central Business District Support (CBDS), subject to the condition that the parties • execute the Concomitant Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein, is hereby affirmed; and the above - described property will be rezoned to Central Business District Support (CBDS) upon execution of said Concomitant Agreement. Section 2. The City of Yakima zoning map shall be amend- ed to correspond to the rezone ordained by Section 1 of this ordinance upon execution of said Concomitant Agreement. Section 3. The Yakima City Council hereby adopts the Findings and Conclusions pertaining to this rezone and con- tained in the Hearing Examiner's Recommendation, City No. UAZO RZ #9 -90, Examiner No. I91 -2 -3, a true copy of which recommendation is attached hereto as Exhibit "B" and incorpo- rated by reference herein. • - 4 - (ord /rezn) 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. PASSED BY THE CITY COUNCIL, signed and approved this 26th day of February , 1991. ��/f.4-7c.1 Mayor ATTEST • R .xf aJ City Clerk Publication Date March 1 , 1991 Effective Date March 31, 1991 II/ - 5 - tord /rezn) 1 EXHIBIT A CONCOMITANT AGREEMENT • mini The rties to this agreement are the CITY OF YAKIMA. a municipal corporation: and Fib Western Development 1V Associates. Inc.: and Gary D. Lukehart. and Mary M. Lukehart. 8 1. Real estate described below has been the subject of a rezone submitted under the Yakima Urban Area Zoning Ordinance, seeking a rezone to Central Business District Support (CBDS). 2. The rezone has been approved by the Yakima City Council, subject to execution of a Concomitant Agreement which requires that the property be developed to compliance with this agreement. g. The rezone is a final decision. subject to implementation of the various conditions of approval. including this Concomitant Agreement. 4. The intent of this Concomitant Agreement is to require development of the real property described below in conformity with the terns of the rezone approval. and to put future owners of the property on notice of these development restrictions. 5. The performance of the actions.imposed through this Concomitant Agreement will mitigate negative impacts that would otherwise create a public burden, by placing such burden more directly on the party whose property use will give rise to said burden. Agreement The parties agree as follows: • 1. First Western Development IV Associates, Inc.. is the contract purchaser. and Gary D Lukehart and Mary M. Lukehart. are the owners of the real estate described In Attachment "A"to this agreement. 2. The above described real property is the subject of a rezone application filed with the City of Yakima under File No. UAZO RZ #9 -9Q. processed under Hearing Examiner No. and approved by the Yakima City Council on as reflected in Qrtltmnoe Nn. emafed . by the Yakima City Council. 3. Development of the property described in this agreement. shall be processed pursuant to the ordinance. this Concomitant Agreement. and the Urban Area Zoning Ordinance. All cost associated with implementing the improvements of this agreement shall be the responsibility of the property owner and /or developer and not the City of Yakima, unless otherwise specified. Specific restrictions or actions imposed by this agreement are as follows: No budding permit(s) for commercial development within the properties subject to this rezone will be Issued until one of the two following conditions is met: A. Site access is provided by a designated secondary or principal arterial capable of carrying . The aaki or Director of Engineering and Utilities (or other person so B. The his and upon the actual authorized by the Agreement) determines. based upon Judgement executing of contracts for construction of improvements. that arterial and /or interchange access to these subject properties will be provided prior to completion of commercial development. 4. This agreement shall be binding upon the owners of the above - described real • estate. and their successors and assigns, and shall run with the land. c *4coMr AxrAa,REEMmiT -1 5. This agreement shall be enforced by the City of Yakima. Breach of this agreement shall constitute a violation of Chapter 15. Yakima Municipal code (consisting of the Yakima Urban Area Zoning Ordinance). • 6. This agreement shall become null and void when this property is reclassified to a zoning designation other than Central Business Di tr p�p�a regardless or other person the reclassification is initiated by the property owner. or entity 7. The parties understand and agree that this Count Agreement be recorded with the Yakima County Auditors Office after the appeal period for said rezone as provided for in Chapter 15.23 of the Yaktnna Municipal Code. This requirement is waved in the event of a valid appeal. S. Parties understand that the conditions imposed by this agreement are solely related to this rezone action and in no way restrict the eipos� of the appropriate of requirements or restrictions that may be imposed in proposals. DA this da . 1990 CITY OF YAKIMA STATE OF WASHINGTON ) k Tall. City Managed COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Dick Zais signed this Instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument- • 1990 Signature of Notary Public My appoirdment expires DATED this dayd 1990 DI (Contract Purchaser) STATE OF WASHINGTON COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that was authorized to execute the • instrument signed this instrumat ono stated of FIRST WESTERN DEVELOPMENT IV ASSOCIATES. TES. INC. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument oaOiarANr AGREEMENT . 2 RECEIVED EXHIBIT B JAN 3 01991 • CITY OF YAKIMA PLANNING DIV Rezone Application by ) SUMMARY OF EXAMINER'S RECOMMENDATION FIRST WESTERN DEVELOPMENT) City No. UAZO RZ *9-90 OF WASHINGTON Examiner No. 191 -2 -3 For 11 Acres Near 1 -82 ) and East Yakima Avenue. ) This summary of the Hearing Examiner's recoammendation 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 8 UXMARY Applicant: Fi -st Western Development of Washington IV Associates, Inc. The property owner is Gary Lukehart. Type of Application: Rezone. Location: North of "A" Street and west of I -82. Yakima County Assessor's Parcel Nos. • 191318- 43529 - 1, 191318- 44005 - 1, 191318- 44007-7, 191318- 44008 - 5, and 191318- 44026-7. Date Decision Filed: January 30, 1991. Current Land Use: Vacant. Proposed Land Use: Unknown. Current Zone: Light Industrial (M -1). Proposed Zone: Central Business District Support (CBDS). Decision: CONCLUSIONS 1. 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 CBDS District; any problems with neighborhood compatibility can be resolved; and a public need does exist for the proposed change. 2. All notice provisions of the ordinance have been complied • with. EXAMINER'S SUMMARY - 1 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKNA. WASHINGTON 98907 (509) 248-0706 RECOMMENDATION Approve this rezone application, from M -1 to CBDS, subject to • execution of the Concomitant Agreement attached to the original Examiner's Recommendation as Exhibit "B." Examiner: • EXAMINER'S SUMMARY - 2 • HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 348 -0706 • Rezone Application by EXAMINER'S RECOMMENDATION FIRST WESTERN DEVELOPMENT) OF WASHINGTON City No. UAZO RZ #9 -90 ) Examiner No. I91 -2 -3 For 11 Acres Near I -82 ) and East Yakima Avenue. ) The Examiner conducted a public hearing on January 16, 1991. The staff report presented by Mr. Larry Lehman recommended approval. There was no opposition. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval, subject to execution of a concomitant agreement. 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. First Western Development of Washington IV Associates, Inc. The property owner is Gary Lukehart. 2. Location. The property is located North of "A" Street and west of I -82. The legal description is included in the Notice of Public Hearing attached as Exhibit "A" and incorporated herein by reference. The Yakima County Assessor's parcel numbers are 191318- 43529-1, 191318- 44005 -1, 191318- 44007 -7, 191318- 44008 -5, and 191318 - 44026 - 7. 3. Application. ,Rezone. 4. Proposed Zone. Central Business District Support (CBDS). 5. Proposed Use. Unknown. 6. Current Zoning and Use. Light Industrial (M -1), vacant. • EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKI4A POST OFFICE BOX 4 YAKIMA. WASMNGTON 98907 (509) 248 -070C Adjacent properties have the following characteristics: Area Zoning Land Use North M -1 Light industrial South CBDS Single - family West R -3 Single- & multi - family East SR I -82 freeway 7. Proiect Description. These five parcels total approximately 11 acres. They are located east of "A" Street, in the northwest corner of the intersection of East Yakima Avenue and I -82. The property is currently not served by arterial access, and has neither public water nor public sewer. A substantial portion of the property is located within FEMA Flood Control Zone A7, as reflected on panel 6 of the City of Yakima, Washington's flood irsurance rate map. This area is slated for substantial redevelopment related to redesign of the freeway access to Downtown Yakima, which is expected to provide better access to this area together with extension of utility services. The property owner has indicated his willingness to participate in the intersection redesign by contributing up to $600,000.00. • 8. Yakima Urban Area Comprehensive Plan. The plan requires that commercial uses only be allowed along arterials with access by interior streets or with controlled access points. Since this site is not presently served by an arterial it is appropriate to restrict commercial development until arterials are built. This can be accomplished through a concomitant agreement, in the form proposed by the staff and attached hereto as Exhibit "B." 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. The applicant and property owner testified that this is a logical extension of the downtown area and was the first step in a long range cooperative redevelopment of this otherwise undeveloped and relatively inaccessible area. 9.2 Suitability of the Property. The elevation of this property is substantially lower than that of "A" Street and the EXAMINER'S RECOMMENDATION - 2 • HEARING EXAMINER FOR THE CffY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 IS09) 248 -0706 existing retail development along Yakima Avenue. Without extension of utilities and streets this property is basically not useable under any zoning designation. With the appropriate infra- structure, this property is most appropriately utilized for retail and commercial uses, rather than its current zoning designation of Light Industrial. It borders the freeway on the east, the Trail Wagon manufacturing facility to the north, and a mixed residential and retail neighborhood to the west. To the south is a small group of single - family houses in the CBDS zone between this parcel and the freeway intersection with Yakima Avenue. Those houses are non- conforming uses. 9.3 Actencv Recommendations. The City of Yakima, the Yakima Valley C nference of Governments, and the Washington State Department of Transportation have developed preliminary design concepts for reconstruction of the I -82 /Yakima Avenue interchange that will result in this property having direct arterial access. The City of Yakima recommends that this general area is suitable for commercial retail development rather than industrial • development. 9.4 Compliance with Comprehensive Plan and Zoning Ordinance. One of the primary objectives of the comprehensive plan is to "assure that future development be compatible with existing uses," and to "assure that future land use controls respond to, rather than attempt to direct market demand by providing a degree of predictability to land use decisions while retaining flexibility to address individual situations." (Plan, OLU -1, 2.) The plan recognizes that one of the major economic policies is to continue revitalization of Yakima's Central Business District in order to achieve the goal of promoting and encouraging Yakima's continued development as a financial and retail center for the region. (Plan, I -16.) It is consistent with these plan policies to allow the further concentration of commercial and retail development which can be anticipated with this current rezone for the intersection at Yakima Avenue and I -82. This rezone is consistent with the goals • EXAMINER'S RECOMMENDATION - 3 HEAR EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHING TON 98907 (509) 248 -0706 - and policies of the comprehensive plan. This project is also consistent with the Urban Area Zoning Ordinance. YMC 15.23.010 provides that a change in circumstance or condition may warrant a change in zone. In this instance the redevelopment of the freeway intersection creates a significant change allowing extension of public infra - structure to this area. By establishing the zone well in advance of final design of the intersection, it is easier to predict and design for ultimate utilization of this property, thereby securing economy in local government expenditures, as mandated by YMC 15.01.030. 9.5 Adequacy of Public Facilities. The public facilities are totally inadequate at this point. Normally if there were no infra - structure available, a rezone would be completely inappropriate, unless the applicant were willing to 'make the expenditure for the extension of utilities and arterial streets. In this instance, however, this parcel will be significantly affected by redesign of the freeway intersection, and a significant part of this property would be taken under eminent domain if it were not otherwise donated. Furthermore, a significant portion of this property is within the floodplain, which creates additional requirements for installation of public and private improvements. The anticipated intersection redesign will probably see the extension of existing sewer mains to the north, under East Yakima Avenue, and new off -ramp access to the area. Only when adequate public facilities are in place will development be permitted, as reflected in the proposed concomitant agreement. Any actual development proposal will have to meet all applicable land use regulations at that time. One of the future requirements, assuming the property remains within the floodplain, is that subdivision under RCW Ch.58.17 will require approval by the Washington State Department of Ecology. (RCW 58.17.120.) All of these regulations would apply whether the property is M -1 or CBDS, so granting the rezone does not relax development standards. It simply encourages development of more compatible EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248 -0706 r _ • uses. 9.6 Compatibility. The proposed CBDS zone will be at least as compatible, if not more compatible with adjacent uses, than the existing Light Industrial zoning. 9.7 Public Need. Public need may best be identified as a change in circumstance or condition which warrants a rezone, as described in both Washington State case law and YMC 15.23.010. The change in circumstance which warrants this rezone is the cooperative redesign and reconstruction of the intersection with the 1 -82 and East Yakima Avenue intersection. 10. State Environmental Policy Act. A mitigated Determination of Non - significance (DNS) was issued for this project in accordance with the State Environmental Policy Act [WAC 197 -11- 800(3)) on November 9, 1990. It stipulated that: This requested change in zoning, if approved, shall be accompanied by a Concomitant Agreement between the landowner /developer and the City which provides that no building permit(s) for commercial development within the properties subject to this rezone will be issued until • one of the two following conditions is met: A. Site access is provided by a designated secondary or principal arterial capable of carrying traffic generated, or B. The City of Yakima Director of Engineering and Utilities (or other person so authorized by the agreement) determines, based upon his judgement and upon the actual executing of contracts for construction of improvements, that arterial and /or interchange access to these subject properties will be provided prior to completion of commercial development. 11. Public 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 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 CBDS District; any problems with neighborhood compatibility can be resolved; and a public need does exist for the EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKMA POST OFFICE BOX 4 YANMA. WASHINGTON 98907 0509) 248 -0706 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 M - to CBDS, subject to execution of the Concomitant Agreement attached as Exhibit "B" and incorporated herein by reference. Respectfully submitted this . 10 day of January, 1991. PHILIP A. B Hearing Examiner 411 EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (S09) 248-0706 Irr 1990 Signature of Notary Public • Myappoittment DATED thin d ycf .1990 w Garry D. Lukehart Mary M. Lukehart STATE OF WASHINGTON COIJNIY OF YAKIMA I certify that I know or have satisfactory evidence that Garry D. Lukehart & Mary M. Lukehart signed this instrument t eed in the owl instrument. to be his or her free and voluntary act for the uses and purposes LIKIED ,1990 Signature of Notary Public My apps expires • CONCOMRAW AGRIEMENr 3 HEARING EXAMINER'S RECOMMENDATION • • C ITY OF YAKIMA { ` Cable TV 575-6092 Code Administration 575 -6121 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 January 30, 1991, the Yakima Hearing Examiner rendered his recommendation on the UAZO RZ #9 -90, First Western Development of Washington, of the property located in the vicinity of 1 -82 and Yakima Avenue, Yakima, Washington. The matter was reviewed ::t a public meeting held by the Hearing Examiner on January 16, 1991 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 Larry Lehman, Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575 -6165 Don S Skone Planning Manager Date of Mailing 1/31/91