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Home My WebLink About1996-009 rezone ORDINANCE NO. 96 - 09 • AN ORDINANCE rezoning the 9,280 square foot parcel located at 3704 Summitview Avenue in Yakima, Washington, from Single Family Residential (R -1) to Professional Business (B -1) and amending the zoning map of the Yakima Urban Area accordingly WHEREAS, on November 9, 1995, the Hearing Examiner Pro Tem conducted a duly convened public hearing on the application (UAZO RZ #5 -95) submitted by Dennis & Traci Cozzocrea, requesting amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima, and rezone from Single Family Residential (R -1) to Professional Business (B -1) of the 9,280 square foot parcel located at 3704 Summitview Avenue in Yakima, Washington, which is Yakima County Assessor's Parcel #181322 - 42424, (referred to below as "the Subject Property "), and WHEREAS, as a result of that hearing and review of the record, the Hearing Examiner Pro Tem recommended to the City Council that the requested rezone be granted, and WHEREAS, the Subject Property is suitable for uses permitted in the Profes- sional Business (B -1) District; the proposal is compatible with the neighborhood, there exists a public need for the proposed rezone; the proposed rezone is consistent with the requirements and considerations set forth in Yakima Municipal Code 0 Chapter 15.23, complies with the goals and policies of the Yakima Urban Area Comprehensive Plan, with the intent of the Yakima Urban Area Zoning Ordinance, and with other applicable land use controls, and, WHEREAS, the best interests of the City of Yakima would be advanced by rezoning the Subject Property; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The decision of the Hearing Examiner Pro Tem recommending amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Single Family Residential (R -1) to Professional Business (B-1) of the 9,280 square foot lot located in the vicinity of 3704 Summitview Avenue in Yakima, Washington, comprised of Yakima County Assessor's Parcel #181322 - 42424, legally described as. NORTH 140 FT OF LOT 16, GLENN ACRES, EXCEPT, BEGINNING AT THE N W CORNER LOT 16, THENCE EAST 42.20 FT , THENCE SOUTHERLY 140 FT TO A POINT 43.80 FT EASTERLY OF WEST LINE OF LOT 16, THENCE WESTERLY 43.80 FT , NORTHERLY TO POB. • lap /zoning /rezones /Cozzocrea ord 1/18/96 10:47 AM UAZO RZ #5-95 / COZZOCREA REZONE ORDINANCE -- Page 1 Situated in Yakima County; State of Washington. (referred to below as "the Subject Property ") is hereby affirmed. • Section 2 The Yakima City Council hereby adopts the findings and conclusions, of the Examiner Pro Tem's Recommendation, Examiner's No. I95 -2 -52, City No. UAZO RZ #5 -95, a true copy of which Examiner Pro Tem's Recommendation is attached to this ordinance as Exhibit "A ", and is incorporated herein by reference. Section 3 The City Council finds formally that the Subject Property is suitable for uses permitted in the Central Business District Support (CBDS) District; that the proposal is compatible with the neighborhood, that there exists a public need for the proposed rezone; that the proposed rezone is consistent with the requirements and considerations set forth in Yakima Municipal Code Chapter 15 23, and complies with the goals and policies of the Yakima Urban Area Comprehensive Plan, and complies with the intent of the Yakima Urban Area Zoning Ordinance and other applicable land use controls. s ection 4 The Official Yakima Urban Area Zoning Map within the City of Yakima shall be amended to correspond to the rezone ordained by Section 3 Section 5 The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance; and Section 6. Subject to the foregoing provisions, 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 g)-3 of C/4" , 1996 ATTEST Mayor c wl� City Clerk Publication Date: 1- g‘ Effective Date: oZ -.2 6.- /lc lap /zoning /rezones /Cozzocrea ord 1/18/96 10:47 AM 41, UAZO RZ #5 / COZZOCREA REZONE ORDINANCE -- Page 2 RECEIVED NOV 3 U 1995 OFFICE OF HEARING EXAMINER PRO TEM CITY OF YAKIMA FOR THE • CITY AND COUNTY OF YAKIMA PLANNING DIV. JAMES K ADAMS 411 NORTH SECOND STREET (509)248 - 4282 YAKIMA, WASHINGTON 98901 FAX (509) 575 -5661 Rezone Application by ) EXAMINER PRO TEM'S RECOMMENDATION Dennis and Traci Cozzocrea for) Property at 3704 Summitview ) CITY NO. UAZO RZ *5 -95 Avenue from R -1 to B -1 ) ) Examiner No. 195 -2 -52 INTRODUCTION The Examiner Pro T'em conducted a public hearing on November 9, 1995. The staff report was presented by Larry Lehman and recommended approval. There was no apparent opposition. The Examiner Pro Tem inspected the property prior to the hearing 4111 SUMMARY OF RECOMMENDATION T he Examiner Pro Tem recommends approval. FINDINGS 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 Pro Tem makes the following Findings: 1. Applicant Dennis and Traci Cozzocrea. 2. Location 3704 Sultuaitview Avenue, Yakima County Assessor's Parcel No. 181322 - 42424. The legal description is set forth in the application and incorporated herein by reference. 3. Application. Rezone. 1111 4. Proposed Zone. Professional Business District (B -1). 1 lap/zoning/rezones/Cozzocrea ord 1/18/96 10:47 AM UAZO RZ #5-95 / COZZOCREA REZONE ORDINANCE -- EXHIBIT A • 5. Current o Z i nnc and se. The subject property is zoned R -1, Single - Family Residential and is presently developed as a single - family residence with an approved chiropractic home occupation. The lot is approximately 9,280 square feet in size. Sole direct frontage and access is from Summitview Avenue, a four lane principal arterial with sidewalks on both sides. Summitview has a daily traffic volume of approximately 14,500 vehicles per day. An irrigation canal runs along the east side of the lot, between the lot and North 37th Avenue, a local access street. The properties west of this site to 40th Avenue, are zoned and developed for non - residential uses. To the east, Summitview is developed to 16th Avenue with single - family and duplex residential uses except for the small commercial centers at 32nd and 36th Avenues. To the south, or behind this site, is a fully developed, low density, residential neighborhood. Adjacent properties have the following characteristics and zoning Location Zoning Land Use North (Across Summitview Avenue) R -3 Single Family South R -1 Single Family West SCC Professional Office East (Across 37th Avenue) R -1 Single Family 6. project Description. This is a straight rezone. No development proposal or site plan is under review. However, the applicants intend to use the property as a chiropractic clinic with additional employees. 7. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by UCC 15A.23.030( are considered below: 7.1 Testimony. All testimony supported this proposal. There was no apparent opposition. ocAMNER 410 2 FORnf CRY AND COUNTY OF YAK6AA 411 NORTH SECOND STREET lap /zoning /rezones /Cozzoaeaord 1/18/96 10:47 AM ORT 246 UAZO RZ #5-95 / COZZOCREA REZONE ORDINANCE — EXHIBIT A . . , , 1111 7.2 Suitability of the Property. This property is s uitable for B -1 use and development. It is served with all utilities, and has adequate arterial access. 7.3 Agency Recommendations. All agency recommendations were positive although some concern was expressed about the adequacy of Summitview Avenue. 7.4 Compliance with Comprehensive Plan and zoning Ordinance This proposal is consistent with both the Plan and the Ordinance. This proposal complies with Plan objectives which include provision of public services in an economically responsible manner, compatibility with existing uses, and land use controls which are predictable but also responsive to market demand. This proposal is also consistent with the purpose of the B -1 zone as reflected in the Ordinance. 7.5 Adequacy of Public Facilities. The public facilities are adequate 7 6 Compatibility. The proposed rezone is compatible with the existing adjacent professional office development to the west. The proposal is also compatible with adjoining low density residential uses for the following reasons: 7.6.1 Development on this property is oriented towards Summitview and away from adjoining residential uses to the south. The existing parking lot is accessed from Summitview. Client entry to the building is from the parking lot and faces to - Summitview. A back yard area enclosed with a 6 -foot high fence and a garage. 7.6.2 Access to the adjacent single - family residence is from N. 37th Avenue. X 7.6.3 This site is physically separated by the 40 irrigation canal and street system from adjacent residential uses to the east and north. FEAFING MAMMA PAOISA 3 FORINE � r�x�u► lap /zoning /rezones /Cozzacrea ord 1/18/96 cmrA��Y 10:47 AM 41 1 N0DTMU, OF N UAZO RZ #5-95 / COZZOCREA (soo) 248 -4282 REZONE ORDINANCE — EXHIBIT A 7.6.4 Access to the site will be from Summitview Avenue, an arterial street. A shared access agreement presently allows access to the residential garage serving this property. This access may provide opportunity for future shared access in the event this property is redeveloped. 7.7 Public Need. There is a demonstrated and recognized need for properties zoned B -1. 8. State Environmental Review. A Determination of Non - significance was issued by the City on September 25, 1995. The comment and appeal periods have expired. No comments were received. 9. Public Notice Public notice of the hearing was provided in accordance with the ordinance. CONCLUSIONS From the foregoing Findings, the Examiner Pro Tem makes the following 1. The Examiner Pro Tem 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 B -1 District; there are no 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. BErNAMEN ATION Based ppon the foregoing Findings and Conclusions, the Examiner Pro Tem submits to the Yakima City Council the following AimmEmmum 4 CITY AND mr of YNU.u► 411 MOM SEaOPD STREET lap /zoning /rezones /Cuzzocrea ord 1/18/% 10:47 AM (50Th 246 -4282 UAZO RZ #5-95 / COZZOCREA REZONE ORDINANCE - EXHIBIT A Approve this rezone application, from R -1 to B -1. Respectfully submitted this X94 day of November, 1995. JAMS K. AD Hearing Examiner Pro Tem 5 FOR TM lap /zoning /rezones /Cuzzocrea ord 1/18/96 10:47 AM CITY AND COUNTY OF YAK NA UAZO RZ #5-95 / COZZOCREA 411 mgmmomvsma (609) 248 -4282 REZONE ORDINANCE — EXHIBIT A :J ' �I : I �� i YiMii�U 11 Loft e licccic • ,3 -- ' -- r-- 3 ._ 1 F . ,' 4 q 1 JEfiERSON A -- w. L____, I 7 -÷ f — I I N a �- k f: . : ; ! ! .=.,— fi fir. -. I ammo i i ; Y , Li- I — \ii '' Rr -- - „ s 1 ' _i____ _ - I - - --, ' , t- t -- -- --- 3 1m � c ..� ��p,� ' � `SUi itriEr Ar II 1 wEr AvE iJ ^-- $ H _ iLE — i 1 C — e -- % CT P . . . \ . . . . c " .) SI . ____ ...... ✓ — y _ It — 1 YAKI1* Ar( R-4 -,; . _ _ . ...... __ , ___ . i i ! i tl ri aim 1.• ow ma ,1 o tttffItl N , CIUII,r r ....„.... 7--. I ,_.,..._—.-- ,...... —.....---. . . ---- 1---. s•• -- — - "-- ..1 . Z t < CITY OF YAKIMA, IIASHINGTON Sc • I • - 1 ' 400 Information Services - GIS 0 200 100 FILE N0 UAZO RZ5 -95 • Parent Parcel(s) , APPLICANT DENNIS & TRACI COZZOCREA • : Cit li mits REQUEST REZONE FROM R -1 TO B-1 y FOR CHIROPRACTIC PRACTICE Zoning Boundar� LOCATION: 3704 SUMMITVIEII AVENUE • iap /zoning /rezones /Cozzocrea ord 1/1.8/96 10:47 AM UAZO RZ #5-95 / COZZOCREA REZONE ORDINANCE - EXHIBIT A ' v BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • AGENDA STATEMENT Item No al D 6 For Meeting Of January 23. 1996 ITEM TITLE: Ordinance approving the rezone request for property in the vicinity of 3704 Summitview from R -1 to B -1 by Dennis & Traci Cozzocrea. [UAZO RZ #5 -95] .1 SUBMITTED BY Glenn J Valenzuela, Director of Community & Economic D M1 CONTACT PERSON /TELEPHONE• Larry Lehman, Associate Planner (575 -6165) SUMMARY EXPLANATION: On December 19, 1995, the City Council voted to approve the rezone request submitted by Dennis & Traci Cozzocrea to rezone property in the vicinity of 3704 Summitview from R -1 to B -1 Resolution _ Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL City Manager STAFF RECOMMENDATION Adopt legislation prepared by City Legal Department. BOARD RECOMMENDATION Hearing Examiner recommends approval COUNCIL ACTION Voted to approve the proposed rezone on Dec 19, 1995