HomeMy WebLinkAbout1990-3305 Rezone 4301 Tieton Drive ORDINANCE NO.
AN ORDINANCE rezoning property at 4301 Tieton Drive in the
City of Yakima, Washington from Single - Family
Residential (R -1) to Professional Business (B -1)
and amending the zoning map of the City of
Yakima.
WHEREAS, on September 19, 1990, the Hearing Examiner held
a hearing on a rezone request initiated by Kenneth R.
Pottenger to rezone property at 4301 Tieton Drive, Yakima,
Washington, the legal description of which is set out herein -
below from Single - Family Residential (R -1) to Professional
Business (B -1); and
WHEREAS, as a result of that hearing, the Hearing Examin-
er recommended in his decision dated September 26, 1990 that
the rezone be granted; and
WHEREAS, at its public meeting on October 23, 1990, 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 property located at 4301 Tieton Drive in
the City of Yakima, Washington, legally described as follows
Lot 15, Bel Air Heights as recorded
in Volume "U," Page 2 of Plats,
records of Yakima County, Washing-
ton."
Yakima County Assessor's Parcel No.
181322 - 34415.
from R -1 to B -1 is hereby affirmed; and that property is
hereby rezoned to Professional Business (B -1).
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
4110 - 1 -
(ord /4301.jt)
recommendation, City No. UAZO RZ #6 -90, Examiner No. 190 -2-
61, a true copy 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
copy of this ordinance.
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
43 day of (:)(40/3q1 , 1990.
Ac.64 Mayor
ATTEST
} `tom , 4110
City Clerk
Publication Date 1 0 i aie U( o
Effective Date: lI ,4 90
411
- 2 -
(ord /4301.jt)
r
Rezone Application by )
KENNETH R. POTTENGER ) EXAMINER'S RECOMMENDATION
)
for Rezone from ) City No. UAZO RZ #6 -90
R -1 to B -1 at ) Examiner No. 190 -2 -61
4301 Tieton Drive. )
er conducted a public hearing on September 19
The Examiner pu lic h ring p 19, 1990.
The staff report presented by Mr. Larry Lehman recommended -
approval. Mr. Pottenger and the property owner, W. Chester Dyer,
testified in favor of the proposal, as did the chairman of the
Board of Tieton Drive Bible Chapel, which is located adjacent to
the site on the west. There was no opposition. The Examiner
inspected the property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval
of this rezone.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. Kenneth R. Pottenger.
2. Location. 4301 Tieton Drive. Yakima County Assessor's
Parcel No. 181322- 34415.
The legal description is:
Lot 15, Bel Air Heights as recorded in Volume
"U," Page 2 of Plats, records of Yakima
County, Washington.
3. Application. Rezone.
4. Proposed Zone. Professional Business (B -1).
5. Proposed Use. Real estate office in remodeled existing
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX I
YAKIMA. WASHINGTON 90007
EXHIBIT "A" (509)240.0706
residential structure.
6. Current Zoning_ and Use. The subject area currently is
zoned Single - Family Residential (R -1) and is occupied by a single -
family residence. Adjacent properties have the following
characteristics:
Location Zoning Existing Land Use
North R -1 Single - family
East B -1 Medical office building
West R -1 Church
South R -1 School (Eisenhower H.S.)
6.1 Character of Area. The proposed rezone area is
adjacent to Tieton Drive, a secondary arterial street with average
daily traffic volumes of approximately 15,000 vehicles. In the
section of Tieton Drive between 40th and 44th Avenues there are two
medical office buildings, a medical clinic, a church and two
residences (including the subject property). Immediately behind
(north) the proposed rezone is a well established residential
neighborhood. The stated objective of the applicant is to use the
site and the existing structure as a real estate office.
7. Proiect Description. This lot is approximately .38 acre
(90 feet by 184 feet) . No development plan has been submitted, but
hearing testimony and the application indicate that Mr. Pottenger
wants to locate his real estate office there, after adding on
approximately 600 square feet to the existing house.
8. Yakima Urban Area Comprehensive Plan. The Yakima Urban
Area Comprehensive Plan provides a guide to development in the
urban area. The plan identifies three areas of concern related to
compatibility of a proposed use public service impact; land use
compatibility; and urban area goals and policies. Regarding public
service impact, the site is served by all necessary utilities and
services.
Tieton Drive is classified as a secondary arterial. This
proposal does not address access onto Tieton Drive but it may be
anticipated that the applicant will want to utilize the existing
curb cut. The proximity of this curb cut to the curb cut to the
east serving the adjacent medical offices does justify some concern
EXAMINER'S RECOMMENDATION - 2
HEARING EXAIN&, .
FOR THE
CrfY AND COUNTY OF YAKIIM
POST OFFICE BOX 4
YAKIMA. WASHINGTON 9990
(509) 24B -0706
for traffic flow conflicts. Because the lot is fairly narrow it
may be difficult to effectively relocate this curb cut.
Land use compatibility may be evaluated using the plan's Table
of Land Use Compatibility (Table OLU -1). It shows that the
proposed zoning (B -1) and use (Professional Office) is compatible
with the adjoining medical offices but is not compatible with the
adjoining single- family residential use. Neither the church nor
the school are included in the land use categories listed, although
both are commonly associated with residential areas. Although the
Table is used as a land use guide, it is not the sole determinant
in evaluating appropriate land use decisions. Since any
incompatibility that may result from this action already exists
between the other professional office uses along Tieton Drive and
the single - family residential neighborhood to the north, this
rezone application will not alter existing conditions. It should
be noted that the zoning ordinance states that the B -1 District is
intended to provide a buffer between commercial clusters and
residential development, thus implying the potential compatibility
between these uses.
9. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YMC 15.23.030.5 are considered below:
9.1 Testimony. All of the testimony was supportive.
9.2 Suitability of the Property. Being adjacent to
Tieton Drive, a highly utilized secondary arterial, and to other
professional office development and a church is evidence of the
suitability of the property for the uses permitted under the
proposed B -1 zoning. With its deep setback from Tieton Drive and
excellent site-creening from adjacent uses this site also is
suitable to be retained as a residence. The residential use is
also permitted in the B -1 District.
9.3 Agency Recommendations. City Planning Division
recommends approval.
9.4 Compliance with Comprehensive Plan and Zoning
Ordinance. The rezone complies with the comprehensive plan and the
zoning ordinance.
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKI.IA
POST OFFICE BOX •
YAKIMA. WASHINGTON 96907
W9)248-0706
9.5 Adequacy of Public Facilities. Sewer, water and
other required public services are available to the site. Access
is from Tieton Drive, an arterial. The church chairman indicated
their willingness to consider sharing the church's easterly most
curb cut to Tieton with the applicant. This would allow additional
design flexibility for both, and could be accommodated by their
mutual execution of a reciprocal access easement. The applicant
currently has one existing curb cut on Tieton Drive, which may have
to be relocated if necessary in the opinion of the City Public
Works Department. The ideal solution would be to have all access
enter through a redesigned church driveway. This would eliminate
a curb cut on Tieton, promoting smoother flow on the arterial, and
would provide additional parking space for the real estate office,
which could be shared by the church during its peak times on
weekends. These issues can be resolved by the parties in the City
during design of the development. Resolution is not necessary for
purposes of this rezone.
9.6 Compatibility_. This use is entirely compatible with
the uses to the east and west along Tieton. It is also consistent
in providing a buffer between the busy arterial traffic and the
residential neighborhood to the north.
9.7 Public Need. Since adoption of the Urban Area
Zoning Ordinance the church has expanded pursuant to a Class 3
application processed several years ago. Also since adoption of
the Urban Area Zoning Ordinance Myron Abrams, in the past two
years, has built dental- related office buildings on the two lots
immediately to the east. This single lot remains as a residential
use on a business office strip along Tieton. There have been
significant changed circumstances which justify this rezone, and
which indicate that the public need for consistency along the
arterial outweighs any public or private detriment.
10. State Environmental Policy Act. A Determination of Non -
significance was issued by the City of Yakima on August 24, 1990.
11. Public Notice. Notice of the hearing was provided in
accordance with the Urban Area Zoning Ordinance requirements in the
EXAMINER'S RECOMMENDATION - 4
HEARING EXAM h
FOR THE
CITY ANO COUNTY OF YAKM!
POST OFFICE SOX 4
YAKMA. WASHINGTON 9890'
(S09)248-0706
following manner:
September 7, 1990 - Mailing of notices to adjacent owners.
September 7, 1990 - Posting of property.
September 7, 1990 - Legal ad published.
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 Professional Business (B -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 B -1.
Respectfully submitted this 7-6 day of September, 1990.
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 80X
YAKIMA, WASHINGTON 98907
150912413-0705
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CITY OF YAKIMA, WASHINGTON Seale -
Information Services - GIS 59
FILE NO: UAZO RZ 1 -90 Subtect area
APPLICANT: W. CHARLES D
REQUEST: BONE ONE LOT FROM R -1 TO B -1 e n City Limits
LOCATION: 4301 Tieton Drive
J ZoningBoundary
08/15/93 PA