The URL can be used to link to this page

Home My WebLink About1989-3176 RECOMMENDATION TO REZONE PROPERTY 3176 ORDINANCE NO. AN ORDINANCE affirming the Hearing Examiner's recommendation to rezone property in the vicinity of 601 East Nob Hill Boulevard from R-2 to CBDS, approving a Class 2 use of the same property, and amending 110 the zoning map of the City of Yakima. WHEREAS, on April 21, 1989 the Hearing Examiner held a hearing on a request to approve a Class 2 use and a rezone from R-2, Two-Family Residential District, to CBDS, Central Business District Support, initiated by Pedro and Amelia Garza, Jr., for property in the vicinity of 601 East Nob Hill Boulevard, Yakima, Washington, the legal description of which is set out hereinbelow; and WHEREAS, as a result of that hearing, the Hearing Exami- ner recommended to the City Council that the Class 2 use and the rezone be granted; and WHEREAS, at its public meeting on May 16, 1989 the City Council determined that the decision 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- mends approval of the Class 2 use and rezone of property in the vicinity of 601 East Nob Hill Boulevard in the City of Yakima, Washington, the legal description of which is as follows: The north 75 feet of lot 8, Fairchild Acre Tracts, ac- 4110 cording to the plat thereof recorded in Volume "A" of Plats, Page 115, Auditors Office, Yakima County, Washing- ton. from R-2, Two-Family Residential District to CBDS, Central Business District Support, is hereby affirmed; and the above- described property is hereby rezoned to CBDS, Central Business District Support. Section 2. The City of Yakima zoning map is hereby amended to correspond to the rezone ordained by Section 1 of this ordinance. 1111 ORD/NHREZONE - 1 - Section 3. The City Council hereby adopts the findings, conclusions, and recommendations of the Hearing Examiner II/ regarding the Class 2 use and rezone of the subject property found in the attached and incorporated Examiner's Recommenda- tion, City No. UAZO RZ #3-89, Examiner No. 89-2-21. 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 thirty days after its passage, approval, and publica- tion as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of May , 1989. 1 11 0 Mayor ATTEST: City Clerk 4 11 0 ORD/NHREZONE - 2 - " 4 f APR 2 1 fjFk9 In Re the Application of ) ) EXAMINER'S RECOMMENDATION MR. & MRS. PEDRO GARZA, JR., ) ) City No. UAZO RZ #3-89 for a Rezone from ) Examiner No. 89-2-21 R-2 to CBDS. ) This is an application by Pedro and Amelia Garza to rezone one lot from Multi-Family Residential (R-2) to Central Business District Support (CBDS). A public hearing was conducted on April 19, 1989. The Staff Report was presented by Mr. Larry Lehman, and recommended approval of the rezone subject to certain conditions. The Garzas were the only ones who attended the hearing. The Examiner inspected the property on April 18, 1989. Summary of Recommendation. The Examiner recommends approval 41/0 of the rezone application, subject to a number of conditions dealing with the parking lot. 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. Application. Pedro Garza, Jr. and Amelia Garza have applied to rezone one lot in the vicinity of 601 East Nob Hill Blvd. from R-2 to CBDS, and have also requested approval for a parking lot on that parcel to serve a bakery and wholesale/retail sales outlet to be located on the lot immediately south of the rezoned lot. The bakery has already received Class 2 approval on 4111 April 6, 1989 (File No. UAZO CL(2) #2-89). This project is located where Nob Hill jogs, just east of South First Street. It is on the north side of Nob Hill Blvd., directly across from the new Yakima Valley Farm Workers Clinic on the south. Food Plant Engineering, Inc., has prepared the EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 1509/ 248-0706 • APR 2ipp 1 drawings for the bakery facility, which will be located On lot closest to Nob Hill. That lot is currently zonedCBDS. The lot to the north, which is also vacant, is the one which needs to 4 1/ 0 be rezoned from R-2 to CBDS. Phase 1 of the development involves the bakery on the lot to the south, next to Nob Hill Blvd. That portion of the project is not part of this review. It involves a bakery facility with 2,666 square feet and parking for 17 cars. Plans provide for future expansion of the bakery facility, on that same lot, to 5,332 square feet. As part of phase 2, 19 parking spaces on the lot subject to this rezone would be constructed. There would be a total of 36 parking spaces upon completion. This file is unusually complete and is a well-thought-out proposal. There was no testimony at the hearing, because there was no opposition and therefore this recommendation is based entirely upon the file contents. 2. Zoning and Land Use. This lot, parcel number 191330- 4 10 13417-9, 601 East Nob Hill Boulevard, is zoned R-2 and is presently vacant. Property to the north and east is R-2. Property to the south, southeast, and west is zoned CBDS. The R-2 zone is gradually undergoing transition from residential to commercial uses. Most of the houses are small, under 1,000 square feet, single-family residences. Many are in need of major repair and maintenance. 3. Yakima Urban Area Comprehensive Plan. The comprehensive plan attempts to assure that future development is compatible with existing uses. In many instances, uses characteristic of the CBDS District are not compatible with low- density residential uses. In this case, however, many of the houses in the area do not appear to be occupied on a permanent basis, the area is in transition, and development of this lot 4 1/ 1 will substantially improve the area. Subject to landscaping considerations which are dealt with below, there is no adverse impact upon the adjacent residential area. 4. Yakima Urban Area Zoning Ordinance. The criteria for EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAK MA , WASHINGTON 9E1907 (509) 245-0706 411 r R ' t 2 f 9 rezones established by YMC 15.23.030.5 are considere0,elow; 4.1 Testimony. No one is opposed to this project. 4110 4.2 Suitability of the Property. This property is suitable for all uses permitted under CBDS zoning. It is level and on an arterial. 4.3 Agency Recommendations. Input from the Design Review Team resulted in a recommendation that a sidewalk be installed on South 6th Street. Concerns were raised regarding traffic congestion at the intersection along Nob Hill, the need for a bus pullout, and whether the Nob Hill curb cut for the bakery should be restricted to right turn only exit and entry. These issues have presumably been dealt with in the Class 2 review for the bakery, since the parking lot proposed for the lot being rezoned will have its access onto 6th Street and the bakery lot to the south. 4 11 0 Ordin:n4ce. Compliance With Comprehensive Plan and Zoning This project complies with the goals and objectives of both the plan and the zoning ordinance, by promoting the development of commercial property in areas well served by arterials and existing utilities, adjacent to existing commercial projects. 4.5 Adequacy of Public Facilities. Streets, water and sewer are all adequate. 4.6 Compatibility. A six-foot high, view-obscuring fence on the north and east will adequately screen this commercial use from nearby residential uses. There are no other compatibility problems. 4.7 Public Need. No evidence was submitted disputing the need for this project. 5. Environmental Review. A Determination of Non- e Significance was issued on March 10, 1989. 6. Public Notice. Public notice of the hearing before the Examiner was provided in accordance with the ordinance. 7. Class 2 Review of Parking Lot. The Garzas intend to use this area as a parking lot for the bakery. YMC Ch.15.06 EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAK IMA. WASHINGTON 98907 (509) Z480706 • bp9 states that off- street parking and loading spaces which are not a principal use are accessory uses and subject to the same level of review as the principal use. Table 4 -1 provides that manufacturing and wholesale sale of bakery goods is a Class 2 use in CBDS. These uses are generally permitted, subject to compatibility considerations. YMC Ch.15.06, Table 6 -1, sets forth the parking requirements. For a bakery they are one space per employee per maximum shift, and one space for each 300 square feet of gross floor area devoted to retail sales, together with one space for each 500 square feet of gross floor area used for wholesale or warehouse space. With completion of phase 2 of the bakery proposal, ten parking spaces will be required for ten employees, one parking space for the retail sales space (255 square feet divided by 300 = .85), and 11 spaces for the wholesale and storage areas (5,077 square feet divided by 500 - 10.15). This is a total of 22 spaces. The detailed site plan provides 36. III Nineteen of those spaces are on the lot subject to this rezone. With respect to site screening requirements, the detailed site plan reflects that this proposal meets or exceeds the requirements along Nob Hill and the west boundary along South 6th Street. Site screening is required on the residentially developed and zoned lots to the north and east. A six -foot high, view - obscuring fence meets the requirement of Standard C under YMC Ch.15.07. Non -view obscuring fencing will be required along the east edge of the south lot, which was dealt with separately under the other Class 2 review. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 4 10 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 HEARING EXAMINER EXAMINER'S RECOMMENDATION - 4 FOR THE C(TY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248.0706 flP) neighborhood compatibility can be resolved; and a public need does exist for the proposed change. 1110 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima Board of County Commissioners the following: RECOMMENDATION Approve this rezone application for Parcel No. 191330-13417-9, and also approve the Class 2 application for the parking lot, subject to the following conditions: 1. A six-foot high, view-obscuring fence shall be installed on the north and east boundaries. 2. Approved curb cuts shall be designed and constructed pursuant to city standards for commercial uses. Any existing unutilized curb cuts shall he rebuilt to full height pursuant to 4111 code requirements. 3. Signing, on-site drainage, and exterior lighting shall be designed and constructed in accordance with the code. 4. All landscaping shall be served by underground irrigation systems. 5. A sidewalk shall be constructed on the west side of the project, adjacent to South 6th Street, in accordance with city standards. 6. Right-of-way requirements for the alleyway, as determined by the City Engineer, shall be provided by the applicant. This is necessary for fire and public safety reasons. Respectfully submitted this 21 day of April, 1989. 4110 ki 1-0 ‘:i PHILIP A. LAM Hearing Examiner HEARING EXAMINER EXAMINER'S RECOMMENDATION - 5 FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 1509) 248-0706 •