HomeMy WebLinkAbout1991-3388 Rezone 1002-1016 South 19th Street ORDINANCE 1.
O .
AN ORDINANCE rezoning property located at 1002 - 1016 South
9th Street in Yakima from Two - Family Residential
(R -2) to Three- Family Residential (R -3), amending
the Zoning Map of the City of Yakima, and approv-
ing the administrative adjustment of parking
standards.
WHEREAS, on June 19, 1991, the Hearing Examiner held a
public hearing on a rezone request initiated by American
Management Corporation to rezone property located at 1002 -
1016 South 9th Street in Yakima, Washington, the legal de-
scription of which is set out hereinbelow, from Two - Family
Residential (R -2) to Three - Family Residential (R -3); and
WHEREAS, as a result of that hearing the Hearing Examiner
recommended to the City Council that the rezone be granted,
and an administrative adjustment of parking standards be
approved, subject to certain conditions; and
WHEREAS, at its public meeting on August 13, 1991, the
City Council determined that the recommendation of the Hearing
Examiner should considered at a public hearing; and
WHEREAS, at a public hearing conducted on August 27,
1991, the City Council found that the recommendation of the
Hearing Examiner, as modified in Section 2(F) herein, is
consistent with the considerations set forth in Yakima Munici-
pal 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 recom-
mending the rezone of property located at 1002 1016 South
9th Street in Yakima, Washington, legally described as fol-
lows:
Lots 1 through 8, Block 181, New
Rainier Addition, Records of Yakima
County, Washington.
411
1 -
(ord /9thstr.rp)
from Two - Family Residential (R -2) to Three - Family Residential
(R -3), and recommending the approval of administrative adjust-
ment of parking standards, subject to certain conditions set
forth in the Hearing Examiner's Recommendation, is hereby
affirmed; and the above - described property will be rezoned to
Three - Family Residential (R -3) upon satisfaction of the condi-
tions set forth in Section 2 below.
Section 2. This rezone is expressly made subject to the
following conditions:
A. A revised final site plan should be submitted for
Planning Department approval, reflecting changes
required by this decision, including a landscape
plan.
B. Installation of a sidewalk along South 9th Street,
to City specifications, at the applicant's expense.
C. Pavement of the alley, subject to City specifica-
tions, at the applicant's expense, together with a
commercial radius street approach.
D. Development of a drainage plan for on -site retention
of all storm sewer, by a professional engineer,
subject to review and approval by the City Engi-
neer.
E. Reduction of the parking requirements to require •
only parking on the alley, with the maximum number
of spaces possible.
F. The Meadows Partnership and the Meadows Annex Part-
nership shall execute the Parking Share Use Agree-
ment which is attached hereto as Exhibit B and
incorporated by reference herein.
Section 3. The Yakima City Council hereby adopts the
findings and conclusions pertained to this rezone /administra
tive adjustment and contained in the Hearing Examiner's Recom-
mendation, City No. UAZO RZ #2 -91 and ADM.ADJ. #6 -91,
Examiner No. I91 -2 -28, 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
- 2 -
(ord /9thstr.rp)
shall be final and conclusive unless within 30 days from the
date of final action of the City Council and agreed 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
.7 day of , 1991.
4
Mayor
ATTEST:
City Clerk
Publication Date: /9
Effective Date: ,(PQ 2 , 7 � /1
411
- 3 -
tord /9thstr.rp)
Master Application by )
M p ) SUMMARY OP
AMERICAN MANAGEMENT ) EXAMINER'S RECOMMENDATION
CORPORATION ) City No. UAZO RZ 82 -91 and
for a Rezone and ) ADM.ADJ. 46 -91
Adjustment of Parking ) Examiner No. 191 -2 -28
Requirement for the )
Meadows Annex at )
1002 South 9th Street. )
This urinary of the Hearing Examiner's recommendation Provides complete details of the actual may
conclusions and complete copy of the s a
recommendation,fr e include charge , by calling findings e City Planning Department 575-6113in a
S U M M A R Y
Applicant: American Management Corporation.
Type of Application: Master application for rezone from R -2
to R -3, and administrative adjustment
of parking requirements.
Location: 1002 -1016 South 9th Street; Yakima County
Assessor's Parcel No. 191330 - 11477.
Date Decision Filed: July 11, 1991.
Current Land Use: Vacant lot and four structure apartment
complex with a total of 40 units.
Proposed Land Use: Apartments.
Current Zone: Two - Family Residential (R -2).
Proposed Zone: Three - Family Residential (R -3).
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 R -3 District; any problems with neighborhood
compatibility can be resolved; and a public need does exist for the
proposed change. •
EXAMINER'S SUMMARY - 1
NEARING EXAMINER
EXHIBIT FOR 'NE
Cm r AND COUNTY OF YAKIMA
POST OFFICE 60x •
YAKMA. WA9MINGTON 98907
MS09) 248 -0706
3. An administrative adjustment requiring only alley
410 parking, coupled with paving of the alley, is appropriate.
4. All notice provisions of the ordinance have been complied
with.
BECOMMENDATION
Approve this rezone application, from R -2 to R -3, and the
administrative adjustment of parking standards, subject to the
following conditions:
A.
A revised final site plan should be submitted for
Planning Department approval, reflecting changes required by this
decision, including a landscape plan.
B. Installation of a sidewalk along South 9th Street, to
City specifications, at the applicant's expense.
c. Pavement
exense,
togetheruwithta to City commercial al rad us street
the applicant's expense,
D. Development of a drainage plan for on -site retention of
all storm sewer, by a professional engineer, subject to review and
approval by the City Engineer.
111 E. Reduction of the parking requirements to require only
park on the alley, with the maximum number of spaces possible.
F. Merger of this parcel with the existing apartment complex
parcel so that the entire half block is under one tax parcel.
Examiner:
• EXAMINER'S SUMMARY - 2
NEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAXNA WASHINGTON 90007
1509) 240-07045
Master Application by ) •
)
AMERICAN MANAGEMENT ) EXAMINER'S RECOMMENDATION
CORPORATION ) City No. UAZO RZ 12 -91 and
for a Rezone and ) ADM.ADJ. 16 -91
Adjustment of Parking ) Examiner No. I91 -2 -28
Requirement for the )
Meadows Annex at )
1002 South 9th Street. )
The Examiner conducted a public hearing on June 19, 1991. The
staff report presented by Ms. Joan Davenport recommended approval.
Representatives of the owners and their architect attended. There
was no opposition from the neighborhood. Several neighbors did
attend, curious about the project, and were relieved to find that
it is intended to be an expansion of the existing apartment
complex, with which the neighbors are well pleased. The Examiner
inspected the property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval •
of the rezone and adjustment of the parking by reducing the
required parking.
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. American Management Corporation.
2. pocation. 1002 -1016 South 9th Street; Yakima County
Assessor's Parcel No. 191330 - 1147
The legal description is:
Block 181, Lots 7 & 8 New Rainier Addition,
Yakima County, Washington, Section 30,
Township 13, Range 19 NE 1/4.
EXAMINER'S RECOMMENDATION - 1 •
HEARING EXAMINER
FOR THE
CRY AND COUNTY Oi YAKMA
POST OFFICE BOX •
YAKMA. WASHINGTON 99907
M09)248-0706
3. Application. A master application for rezone from Two-
.
Family Residential (R -2) to Three - Family Residential (R -3),
411 together with a requested adjustment of the parking standards to
allow .75 parking spaces per apartment unit rather than 1.5 parking
spaces per unit.
4. proposed Zone. R -3.
5. Proposed Use. Apartments.
6. Current Zonina and Use. The area is currently zoned R -2.
This property consists of a vacant lot and a four structure
apartment complex with a total of 40 units. Adjacent properties
have the following characteristics:
Xocation Zoning rxistina Land Use
North of Rainier St. R -2 Residential
East R -2 Church
West R -2 Residential
South R -2 Residential
The proposed rezone area is a residential neighborhood
including a variety of low to moderate density residential
structures. The church located across South 9th Street is a fairly
large structure and well maintained.
411 7. project Description. The existing apartments were built
in 1969. There are four buildings, each with ten units.
Construction on the vacant lot of a new 20 unit complex will result
in the entire half of the block being uniformly developed with
similar apartments and parking arrangements, all designed for
elderly housing. The existing facility is fenced, well maintained,
and according to testimony at the hearing from neighbors, fits in
extremely well with the neighborhood and is a significant deterrent
to crime and vandalism.
Parking for the existing facility is off the alley, as is
proposed for the new addition. There is an existing screened
dumpster on the alley, which could be utilized by the new facility.
The applicant plans to extend the existing sidewalk across the
vacant lot should this project be approved.
8. Yakima Urban Area Comprehensive Plan. The plan
identifies three issues related to compatibility of a proposed use,
• EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VAX MA
POST OFFICE BOX e
YAKMA. WASHINGTON 95907
1509) 248-0706
being public service impact, land use compatibility, and urban area
goals and policies.
Regarding public service impacts, the site is served by all
necessary utilities and services. South 9th Street is a local
roadway as are other streets in the area. This parcel is within
one block of South 10th Street (Fair Avenue), a designated
arterial. Concerning land use compatibility,
the plan states that
`Li high density residential uses are appropriate if they do not
encourage traffic through existing low density areas. They should
be served with sidewalks, require adequate parking, and should have
controlled access points. If compatibility
can be demonstrated,
high density uses are appropriate adjacent to low density uses.
(Plan, OLU, pp.14 -15.) This project appears to comply in all
significant respects with the comprehensive plan, with some
residual concern over parking, which will be dealt with below in
the context of the more specific requirements of the zoning
ordinance. Several neighbors did attend and in dicated they were
more concerned about the nature of the apartments and the type of
tenants than about the parking. criteria for •
9. Yakima Urban Area Zoning Ordinance. The
rezones established by YMC 15.23.030.5 are considered below:
9.1 Testimony,. All testimony was uniformly favorable.
9.2 puitability of the Property. Under existing zoning,
R -2 permits six dwelling units subject to Class 3 approval. By
going to R -3, the applicant can get ten units, which is consistent
with the existing density on this immediate block, although it is
significantly higher than surrounding density. Based upon the
character of the neighborhood, including neighborhood comments, the
increased density is compatible, indicating that the property is
suitable for this use.
9.3 Alcmy_g1202AUAligaft. Initially, at the Design
Review Team meeting, there were concerns about the water line
situation and its adequacy for service at the rao
have been resolved and it appears that there
and therefore no need to determine who should pay for any
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 90007
(809/248-0706
V ;
required improvements of water mains serving the area. The
411 Planning Department recommends approval of the rezone, and the
parking issue will be dealt with below.
9.4 Compliance with Comprehensive Plan and Zoning
Ordinance. This is in an urban, fully developed location. Access
from Fair Avenue is very direct, being just one block from the
arterial to the site, and thus not creating a problem with a lot of
traffic from the highly developed apartment complex through a lower
density residential neighborhood. The project does comply with
both the plan and the zoning ordinance.
9.5 ,Adequacy of Public Facilities. Concerns about water
line capacity seem to have been resolved. The developer has
certain options to reduce the need for water, such as utilizing
sprinklers or fire walls. Other utilities, such as the telephone
lines, may need upgrading but that will be worked out between the
developer and the phone company. Public facilities are adequate.
The alley behind the proposed expansion is not paved, and
needs to be paved as part of the construction of this project, at
the developer's expense, to standard City specifications for
alleys.
9.6 Compatibility. Many of the adjoining uses are
single- family homes. Due to the landscaping, good record of
maintenance, and fencing and parking areas, this site should be
compatible with low density residential uses. Certainly the
existing high density project is compatible and there is no reason
to expect otherwise for the addition.
9.7 Public Need. There is a significant, well
recognized need for additional rental properties and for
redevelopment of lower income areas. There is no guarantee that
these units will always be available for senior citizens, but this
complex does fulfill a need for more low to moderate income
housing.
30. Parking Adiustment. The zoning ordinance requires 1.5
parking spaces per unit, which for a 20 unit development would be
30 spaces. The applicant wants to provide half that, 15 spaces.
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 80807
15081 2 4 8 -0706
The existing facility has 40 apartment units with 36 parking
spaces, which are not fully utilized by the existing residents. •
This is based upon information both from the applicants and from
the neighbors, who indicated that parking is not a problem.
The site plan reflects bumping out the curb on 9th Street to
allow three on- street parking spaces. Bumping out the curb,
allowing on- street parking, in the public right -of -way, to meet a
private parking requirement, concerns the Examiner. It may not be
a problem in this specific instance, but it may create a precedent
which is difficult to deal with in the future. There are both
policy and liability issues involved, and the Examiner prefers not
to require, as part of a private development, reconfiguration of
public streets to allow private parking. The effect of this is to
reduce the available 15 spaces to 12, further increasing the
adjustment from the zoning standard. Given the long -term history
of this existing facility, and the substantial neighborhood support
for expansion of the facility, it is appropriate to grant an
administrative adjustment requiring only alley parking.
Accordingly, the 9th Street curb should not be disturbed, and •
the developer should maximize the amount of available alley
parking, perhaps by utilizing nine foot parking space widths.
This is a substantial adjustment from the normal standard, is
based on the specific unique facts of this proposal, and should not
be viewed by any future applicant as an automatic right to an
adjustment of this magnitude.
10. State Environmental policy Act. The City issued a
Determination of Non - significance on May 31, 1991, with no
significant comments received.
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
EXAMINER'S RECOMMENDATION - 5 •
NEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
15091 24B-0706
Yakima Urban Area Zoning Ordinance; the property is suitable for
uses permitted in the R -3 District; any problems with neighborhood
compatibility can be resolved; and a public need does exist for the
proposed change.
3. An administrative adjustment requiring only alley
parking, coupled with paving of the alley, is appropriate.
4. 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 -2 to R -3, and the
administrative adjustment of parking standards, subject to the
following conditions:
A. A revised final site plan should be submitted for
Planning Department approval, reflecting changes required by this
decision, including a. landscape plan.
B. Installation of a sidewalk along South 9th Street, to
City specifications, at the applicant's expense.
C. Pavement of the alley, subject to City specifications, at
the applicant's expense, together with a commercial radius street
approach.
D. Development of a drainage plan for on -site retention of
all storm sewer, by a professional engineer, subject to review and
approval by the City Engineer.
E. Reduction of the parking requirements to require only
parking on the alley, with the maximum number of spaces possible.
F. Merger of this parcel with the existing apartment complex
parcel so that the entire half block is under one tax parcel.
Respectfully submitted this llth day of July, 1991.
PHILIP A. LAMB
Hearing Examiner
® EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YA UNA. WASHINGTON 99907
(S09) 249 -0706
PARKING SHARE AND USE .
AGREEMENT BETWEEN THE MEADOWS PARTNERSHIP
AND THE MEADOWS ANNEX PARTNERSHIP III
THIS AGREEMENT executed 1t 3151 NE Sandy glvd�� land
between The Meadows Partnership, n d
Oregon 97232 (hereinafter 3151 NE Sandy B1vd.MePortla�8,e0 Qg1on
Meadows Annex partnership,
97232, (hereinafter reforred to ea "The Annex");
X which is
% WHEREAS, The Meadows own A 40
nnd unit apartment
directly next of lea proposed
situated in the same bl oek
development of 20 unite to bo owned by The Annex; and
W11ETtAG, The Annex docires to receive certain approvals from the
city of Yakima, approving rsduood parking requirements for its 20
unit development; and
wHEREAE, The Moadowo has excess parking for its residents, having
completed hist�sriiiael 1� eds of it residents; ®nd eurront parking
area far excess
WHEREAS, The excess parking area of The Meadows could be utilised
. by the reseic1ents of The Annex, and the parties hereto agree that
- such usage is in the best in1 ere ate of the owners and residents of
both developments and •
t
. WHEREAS, The Meadows and The Annex desire to accommodate the
. residents of both developments, to execute any documentation
necessary as it applies to this Agreement, and es may be required
by the Artic'1es of Partnership for both entities; and
NOW THEREFORE; The parties hereto agree to share t he parking spaces
of the 2 developments. This Agreement is binding for a period of
not less than 10 years from the date hereof. This Agreement shall
bind and benefit ell, heir, legal representative :e, and assigner for
either party to this agreement; and all rights and all benefits in
this agreement shall inure to the benefit of all the current and
future residents of both developments. The Annex, as consideration
for entering into this agreement, agrees to pay to The Meadows
Partnership, the sum of 0100.00.
IN WITNESS WHEREOF, the parties hereto have executed this document
in acceptance and agreement this 15th day of August, 1991.
The Meadows partnership The Meadows Annex Part rehip
- .. ----Irv.
YI: --
By: y• Reber Wrtner -mile
•verin,
Robert . over,
**newel rtner Gene
EXHIBIT B