HomeMy WebLinkAbout1990-3308 Rezone 45 West Mead Avenue 5 0 8
O RDINANCE N O.
AN ORDINANCE rezoning property at 45 West Mead Avenue in the
City of lakima, Washington from Two - Family Resi-
dential (R -2) to Local Business (B -2) and amend-
ing the zoning map of the City of Yakima.
SHEREAS, on October 3, 1990, the Hearing Examiner held a
hearing on a rezone request initiated by Richard A. and Carol
D. Haas to rezone property at 45 West Mead Avenue, Yakima,
Washington, the legal description of which is set out herein -
below from Two - Family Residential (R -2) to Local Business (B-
2), and
NHEREAS, as a result of that hearing, the Hearing Examin-
er recommended to the City Council that the rezone be granted,
aid
NHEREAS, at its public meeting on November 13, 1990, the
Clt\ Council determined that the recommendation of the Hearing
Examiner should be affirmed, now, therefore,
• BY IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The decision of the Hearing Examiner, recom-
mending the rezone of property located at 45 West Mead Avenue
In t.hc Cat\ of Yakima, Washington, legally described as fol-
lows
That portion of Lots 1 and 2, Homer
Boggess Half Acre Tracts No. 1,
recorded in Volume "H" of Plats,
page 47, records of Yakima County,
Washington, described as follows
Beginning at the Southwest corner of
said Lot 1; thence North 0 degrees
48' West, along the West line of
said Lot 1, a distance of 72.50
feet, thence South 90 degrees 00'
East 68.35 feet; thence North 0
degrees 00' West 8.50 feet; thence
South 90 degrees 00' East 71.53 feet
to the East line of said Lot 2;
thence South 0 degrees 48' East
along said East line 81.00 feet to
the Southeast corner of said Lot 2,
thence North 90 degrees 00' West,
- 1 -
(ord 45mead.jt)
along the South line of said Lots 1
and 2, a distance of 140.00 feet to
the point of beginning.
From Tv.o- Family Residential (R -2) to Local Business (B -2), is
hereb■ affirmed, and that property is hereby rezoned to Local
Business (B -2).
Section 2 The City of Yakima zoning map is hereby
amended to correspond to the rezone ordained by Section 1 of
this ordinance.
Section 3 The City of Yakima City Council hereby adopts
the findings and conclusions of the Hearing Examiner's recom-
mendation pertaining to this rezone found in the Examiner's
Recommendation, City No. UAZO RZ #7 -90, Examiner No. I90 -2 -65,
a true Lop, of which recommendation is identified as Exhibit
"A ", attached hereto and incorporated herein.
Section 4 The City Clerk is hereby authorized and
directed to file with the Yakima County Auditor a certified
cop} of this ordinance.
Section 5 This ordinance shall be in full force and
effect 30 da\s after its passage, approval, and publication as
_ pro\.ided b\ 1:11A and by the Citv Charter.
PASSED BI THE CITY COUNCIL, signed and approved this
/ da% of A/pUe.)34e r ; 1990.
\d-.trid/
Mayor
ATTEST
-- .J
City Clerk
Publication Date //
Ef fectix e Date ja /' /6/7? •
- -
ford 45mead.jt)
411
Rezone Application by ) EXAMINER'S RECOMMENDATION
MR. & MRS. RICHARD HAAS ) City No. UAZO RZ #7 -90
Examiner No. I90 -2 -65
for Rezone from R-2 to )
B -2 at 45 W. Mead Ave.
The Examiner conducted a public hearing on October 3, 1990.
The staff report prepared by Mr. Larry Lehman and presented by Mr.
Don Skone recommended denial. The Examiner inspected the property
on October 3, 1990.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval
of the rezone, from R -2 to B -2.
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. Richard A. and Carol D. Haas.
2. Location. 45 West Mead Avenue. Yakima County Assessor's
Parcel No. 191330 - 34470. The legal description is:
That portion of Lots 1 and 2, Homer Boggess
Half Acre Tracts No. 1, recorded in Volume "H"
of Plats, page 47, records of Yakima County,
Washington, described as follows: Beginning
at the Southwest corner of said Lot 1; thence
North 0 degrees 48' West, along the West line
of said Lot 1, a distance of 72.50 feet;
thence South 90 degrees 00' East 68.35 feet;
thence North 0 degrees 00' West 8.50 feet;
thence South 90 degrees 00' East 71.53 feet to
the East line of said Lot 2; thence South 0
degrees 48' East along said East line 81.00
feet to the Southeast corner of said Lot 2;
thence North 90 degrees 00' West, along the
• South line of said Lots 1 and 2, a distance of
140.00 feet to the point of beginning.
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
FYNTRTT A Will MIA WA w . eoon-
3. Application. Rezone.
4. Proposed Zone. Local Business (B -2).
5. Proposed Use. The property is currently vacant. The
plan is to continue similar type uses in the future. The current
owners had attempted to sell or lease the property, and in doing so
discovered that it was not zoned B -2 as they had assumed. They
bought it in 1986 and used it actively for their business. The
purpose of the rezone request is to try to establish some long -term
continuity in predictability for use of the property.
6. Current Zoning and Use. The subject area currently is
zoned Two - Family Residential (R -2) and is occupied by a commercial
structure. The site has served a number of business functions, the
most recent being that of a catering service which ceased
operations in September 1989. Other commercial uses that have
operated from this site include: a coffee shop, grocery store,
vending machine service and a delicatessen. Prior to adoption of
the Yakima Urban Area Zoning Ordinance in 1986 the site was zoned
Local Business (B -2). Adjacent properties have the following
characteristics:
Location Zoning Existing Land Use
North R -2 Single - family
East R -2 Single - family
West R -2 Single - family
South R -2 Mobile Home Park
6.1 Character of Area. The proposed rezone site is
accessed by Mead Avenue and Rock Avenue. Mead Avenue is a
secondary four -lane arterial street with average daily traffic
volumes of approximately 4,100 vehicles. Rock Avenue is a two -lane
local access street serving the internal residential area. Much of
the area adjacent to this proposed rezone is a well established
residential neighborhood; however, there are commercial uses on
Mead Avenue within a block of this site and a small mobile home
court is located across Mead Avenue. The stated objective of the
applicant is to use the site and the exiting structure for
commercial purposes.
7. Yakima Urban Area Comprehensive Plan. The plan
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
410 identifies three areas of concern related to compatibility of a
proposed use: the public service impact, land use compatibility,
and urban area goals and policies. Regarding public services, the
site is served by all necessary utilities and services.
With respect to land use compatibility, the plan's
compatibility chart (Table OLU -1, p.24) indicates that B -2 zoning
is not compatible with adjoining single - family residential use.
This disregards the fact that the proposed zoning and related uses
are the same as the zoning and uses that were allowed on this
location prior to adoption of the Urban Area Zoning Ordinance in
1986. Although the land use compatibility table is a guide, it is
not the sole determinant. The plan also reflects concern for
citizen preferences. In this instance, there is absolutely no
opposition to the rezone, and supporting written comments and oral
testimony were submitted by three neighbors.
8 Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YMC 15.23.030.5 are considered below:
® 8.1 Testimony. The testimony was uniformly in favor of
the rezone. Mr. Keith Daniels testified that Mr. Ron Brooks owned
the property at the time the -Urban Area Zoning Ordinance was being
adopted, was terminally ill with cancer, and probably was not
tending to his property as he should have. Mr. Don Skone, on
behalf of the Planning Department, indicated that there had been a
number of instances when the zoning ordinance was being adopted of
small B -2 zones, consisting basically of one parcel, retaining
their commercial zoning designation although they were in effect
surrounded by other types of zoning, such as residential. Mr.
Skone did not know why this parcel was treated differently,
particularly since there had been commercial usage on the property
for many years.
8.2 Suitability, of the Property. This parcel is
adjacent to Mead Avenue, an important secondary arterial, and has
historically served as commercial property. It has a fairly
substantial building on it for which the only real use are the
types of uses permitted in B -2. It is certainly not appropriate
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(S09) 248 -0706
for residential use.
8.3 Agency Recommendations. City Planning Division
recommended denial in its staff report because the rezone is not
contiguous with other commercial zoning or uses and looks like a
spot zone. Mr. Skone indicated at the hearing that the obvious
concern is this parcel not be used as a precedent to allow boot-
strapping of other adjacent parcels in the areas to B -2 status. He
felt that a narrowly drafted approval for the rezone, based on the
historical use of the property for commercial uses and the fact
that it was probably overlooked during adoption of the Urban Area
Zoning Ordinance could justify a rezone without adverse
precedential impact.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance. Given the unusual long -term commercial usage for this
property and the lack of any compatibility problems identified by
the neighborhood, this project can be considered to comply with
both the plan and the zoning ordinance.
8.5 Adeauacv of Public Facilities. Mead Avenue provides
access, as well as Rock Avenue, a local access street. Sewer,
water and other required public services are available.
8.6 Compatibility. This rezone will not alter existing
conditions which have not generated any compatibility problems with
the neighborhood for over forty years. It is compatible.
8.7 Public Need. If R -2 zoning is retained, this
becomes a legal non - conforming use which can expire if it is not
continuously in operation. Given the existing commercial
improvements on the lot, it is highly unlikely that this site will
be converted to a residential use within the next decade.
Meanwhile, it is to be anticipated that Mead Avenue, particularly
on the south side, will see increasing commercial pressure.
Allowing this rezone simply enables the owners to continue maximum
utilization of their property. To deny the rezone would adversely
affect their property value without any appreciable benefit to the
neighborhood. Simply because this rezone is approved, however, it
is not a basis for allowing additional rezones contiguous to this •
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
t509) 248-0706
Aft parcel, because those other properties have no evidence of long-
term commercial usage.
9. State Environmental Policy Act. A Determination of Non -
significance was issued by the City of Yakima on September 17,
1990. The comment period ended October 2, 1990.
10. 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 Local Business (B -2) 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.
410 Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approve this rezone application, from R -2 to B -2.
Respectfully submitted this '/ "day of October, 1990.
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
