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Home My WebLink About1990-3287 Rezone 1127 South 24th Avenue ORDINANCE NO. a2r7 AN ORDINANCE rezoning property at 1127 South 24th Avenue in the City of Yakima, Washington from Two-Family Residential (R-2) to Local Business (8-2) and amending the zoning map of the City of Yakima. WHEREAS, on May 2, 1990, the Hearing Examiner held a hearing on a rezone request initiated by M & E Company to rezone property at 1127 South 24th Avenue, Yakima, Washington, the legal description of which is set out hereinbelow, from Two-Family Residential (R-2) to Local Business (8-2); and WHEREAS, as a result of that hearing, the Hearing Exami- ner recommended to the City Council that the rezone be gran- ted; and WHEREAS, at its public meeting on July 10, 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 1127 South 24th Avenue in the City of Yakima, Washington, legally described as follows: The North 66 feet of the West half of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 26, Township 13 North, Range 18 E.W.M. EXCEPT the West 30 feet for Street. Parcel #181326-42024. from Two-Family Residential (R-2) to Local Business (8-2), is hereby affirmed; and that property is hereby rezoned to Local Business (8-2). 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 #2-90, Examiner No. 190-2-29, - 1 - (ord/1127) a true copy of which recommendations 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 1 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 2 711 day of ( / 4./ , 1990. Mayor ATTEST: > 2 - City Clerk 4111 Publication Date: 7/27/ Effective Date: 11111 - 2 - (ord/1127) Rezone Application by ) XAMINER'S RECOMMENDATION ) M & E COMPANY ) ity No. 4AZO RZ 12 -90 aminer No. 190 -2 -29 From R -2 to B -2. ) The Examiner conducted a publi hearing on May 2, 1990. The staff report presented by Mr. La Lehman recommended approval. Mike Mercy appeared on behalf of e applicant indicating he did not really want the property if he could not get both the rezone and its own street access. The Ex iner inspected the property on May 2, and again on May 17, 1990. puxMMRY OF =COMMENDATION. Th Examiner recommends approval. From the view of the site, the matters contained in the official record, including the sta f report, a review of both the Yakima Urban Area Comprehensive P an and the Yakima Urban Area 0 Zoning Ordinance, and from evident received at the hearing, the Examiner makes the following: NDI. 8 1. Applicant. K & E Compan . The application is signed by the current property owners, Emma nd Floyd Ackerman. 2. Locatiozq. 1127 South 24th Avenue. Yakima County Assessor's Parcel No. 181326 -42024 3. Application. Rezone. 4. Proposed Zone. Local Bu'iness District (8 -2). S. Proposed Use Unknown. Probably some sort of office in the future. 6. Current 2onfta and Use. The subject property is zoned Two- Family Residential (R -2), an is currently occupied by two single- family homes (one apparentl vacant). Mjacent properties have the following characteristic : • EXAMINER' S RECOMI'lENDATION - 1 HEAR NG EXAM NER FOR THE CRY AND COLNTY OR YAKMA POST OFFICE 9QX 4 EXHIBI "A" YAKMA M091240O706 nt CEINEQ NAY g 0 1990 Location Zoning Existing Land Use 14. :.' North B-2 - " Mixed Use Commercial (Safeway &.an¢wT • Pay'N Save, etc.) East R -2 School Yard West LCC/R -1 Mixed 'Use Commercial /Single - Family Residential South R -2 School Yard 7. Proieot Description. This property consists of two tax parcels approximately 66 feet wide and 300 feet deep. It is less than one -half acre. Access is off South 24th Avenue, immediately adjacent to the driveway serving the loading docks behind the Safeway / Pay'N Save complex. Apparently when M & E Company was developing the Safeway project Mr. and Mrs. Ackerman were not interested in selling. Now they are and M i E is interested in accommodating them, but requires the rezone. The property on the other side of the Ackermans, to the south, is part of the McClure Elementary School playground. South 24th Avenue is a collector arterial with an average daily traffic count of 12,450 vehicles. This project is served by a residential driveway approximately • 12 feet wide. The driveway is about 10 to 15 feet south of a one - way exit for the Safeway loading dock. That exit is about 18 feet wide. It is marked "One Way," and is designed so that trucks entering on South 22nd exit on 24th, presumably turning right to get onto Nob Hill. If the two access points were combined, it would have to be a two -way access designed to handle a combination of truck and automobile traffic. The combined width of the driveway would be substantially similar to the current width of the two separate drives. The school playground stretches south to the next street, Viola Avenue, with no driveway access. Directly across from this project, to the vest, is a back entrance to Montgomery Ward, and slightly south is Clinton Avenue. South of Clinton is a residential neighborhood, zoned R -1. Physical inspection of the area indicates that it is completely developed, except that this project might convert to a • EXAMINER'S RECOMMENDATION - 2 NEARING GcAMNO1 FOR THE CWT AND COUNTY OF YAKMA Fos oFnCE B01 4 YAKW. WASMF1G1ON 66007 �6�01 246470. C OMM ►' of r4 A • b use. If it does, allowing an individual access to " i a ,,� lot, given the distance between Tieton Dtive and the next parallel street on the east side of 24th, Viola, together vith the probability that there will not be any other driveways developed in the area, is reasonable. Under some circumstances a reciprocal access easement burdening both this property and the Safeway property might be appropriate, but the physical layout of the neighborhood argues against it in this case. In the event this property is developed as a business use, there is no guarantee that the owner will be able to widen the current driveway, but the existing driveway should be adequate for the limited uses which are likely for this small narrow property. 8. ;akima Urban Area Sonina Ordinance. The criteria for rezones established by YMC 15.23.030.5 are considered below: 8.1 Teatimonv. There is no opposition to the rezone. The only issue raised in testimony vas that of access. The planning division recommends that access be combined with the loading dock access to the commercial complex. Mr. Mercy believes separate access is more appropriate because it is more economical, is tied to the specific parcel, and gives the owners more development flexibility. 8.2 Suitability of the Property. The property is fine for 8 -2 uses. It is the only logical zone, since it is a narrow strip between the school and the Safeway complex. 8.3 Aaencv Recommendations The only significant issue is access. City of Yakima Traffic Engineering indicated that access to property should be limited to a shared use driveway between the Safeway and 1127 South 24th Avenue in order to reduce the number of driveways. This reduces conflicts for both vehicles and school children. Al Rose from the City Engineering Division points out that there is a 25 -foot wide undeveloped right -of -way extending from the east property line of this site to South 22nd Avenue. Apparently this was designed to be halt of a street at some point which would provide access from 22nd Avenue to this property. When M & E did tha Safeway prN e FOR 'MK EXAMINER'S RECOMMENDATION - 3 CM Wvc coui+TY O► YAKMA POST Off= 80x 4 YA N& WAS4NG1pN Moo, Mom 240-0701 they developed to their property line since there was not an equivalent 25 -foot right -of -way on their side. This right -of- 0 way is not necessary and probably should be vacated, reverting back to the school. The right -of -way does not have to be dealt with in conjunction with this rezone. Whatever happens on the rezone will mot affect the right -of -way. The right -of- way is not part of the rezone. 8.4 Compliance with !Comprehensive Plan and Zoning Ordinance. This rezone complies with both the plan and the zoning ordinance; it is a logical extension of the 8 -2 zone in this area and provides for the coordinated future development of the property. It will not create any problems with the adjacent school ground. 8.3 • • t• • i_ Y :. All public facilities are available and adequate. 8.6 Compatibility There are no compatibility problems. 8.7 Public Need. This rezone will provide consistency in future land development on this block. There is no negative impact foreseeable from granting the rezone, other than the access issue which is identified herein. 9. ptate Environmental Policy Act A Determination of Non - significance was issued on March 30, 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: g fstLU8I0NB 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 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. Based upon the foregoing Findings and Conclusions, the EXAMINER'S RECOMMENDATION — 4 WARM EWA FIER FOR THE crrr AND COUNTY OF YAKMA Aos7 OF71C[ BOx 4 YNCM& wwS+NGTOH 90907 950111240-07011 •. r 0 Examiner submits to the Yakima City Council the following: RECO1O1PDATI0N Approve this rezone application, from R -2 to B -2. Respectfully submitted this 1Sr day of May, 1990. PHILIP A. B Hearing Examiner EXAMINER'S RECOMMENDATION - 5 MWtNG EXAMINER POp T I cm AND COUNTY OF ' MST OF71Ct BOX a YAXMA. WA MNGTCXr NM" COM 341114:1706