HomeMy WebLinkAbout1990-3284 Rezone 206 West Chalmers Street ORDINANCE NO. 3 2_..g
AN ORDINANCE affirming the Hearing Examiner's recommendation
to rezone property at 206 West Chalmers Street
from SR, Suburban Residential, to CBDS, Central
Business District Support and amending the zoning
map of the City of Yakima.
WHEREAS, on April 4, 1990, the Hearing Examiner held a
hearing on a rezone request initiated by Donald L. Renecker
the rezone of property 206 West Chalmers, Yakima, Washington,
the legal description of which is set out hereinbelow, from
SR, Multi-Residential District to CBDS, Central Business
District Support, 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 June 19, 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 206 West Chalmers Street in the
City of Yakima, Washington, the legal description of which is
as follows:
Beginning at the Northwest Corner of the Southeast
Quarter of the Northwest Quarter of Section 20,
Township 13 North, Range 19 E.W.M.;
Thence South along the West line of said Subdivi-
sion 422.80 feet to the true point of beginning;
Thence East parallel with the North line of said
Subdivision 330.00 feet;
Thence South parallel with the West line of said
Subdivision 132.00 feet;
Thence West parallel with the North line of said
Subdivision 330.00 feet to the West line of said
Subdivision;
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(ord/rezone.i)
Thence North along said West line to the true
point of beginning;
Except the West 25.00 feet and the East 20.00 feet
as conveyed to Yakima County for road by instru-
ment recorded under Auditor's File No. 1424053
Records of Yakima County, Washington.
from SR, Suburban Residential District CBDS, Central Business
District Support, is hereby affirmed; and that 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.
Section 3. The City of Yakima City Council hereby adopts
the findings and conclusions of the Hearing Examiner recommen-
dation pertaining to this rezone found in the Examiner's
Recommendations City No. UAZO RZ #1-90, Examiner No. 190-2-24.
A true copy of which Recommendations are 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 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
177T-, day of July, 1990.
Mayor
ATTEST:
City Clerk
Publication Date: 7- 2 in 9 0
Effective Date: S"
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(ord/rezone.i)
OFFICE OF HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA _
PHILIP A.LAMB 311 NORTH THIRD STREET. P.0 BOX4 609)248.0706
YAKIMA. WASHINGTON 98907
April 30, 1990
Don Skone, Planning Manager RECEIVED
City of Yakima
Planning Division APR 3 01990
129 N. 2nd Street
Yakima, WA 98901 CITY OF YAKIMA
PLANNING DIV.
RE: DONALD L. RENECKER
City No. UAZO RZ #1 -90
gxaminer No. I90 -2 -24
Dear Don:
Enclosed is my Examiner's Recommendation on the above matter,
which was heard April 4, 1990.
Sincerely,
At
Philip A. Lamb
Hearing Examiner
PAL /bf
Enc.
cc w /enc: Mr. Steven Erickson
Mr. Graham Tollefson
411
Rezone Application by )
SUMMARY OF
DONALD L. RENECKER ) EXAMINER'S RECOMMENDATION
)
for 206 West Chalmers ) City No. UAZO RZ $1 -90
Street, From SR to ) Examiner No. I90 -2 -24
CBDS. )
This sunlary of the Nearing EXaminer's reeaiseardation provides complete details of the actust
eonciusions and decision, but don not include all of the findings or reasoning involved. Tau my obtain a
complete copy of the recommendation, free of charge, by calling the City Planning Department at 575 -6113.
=MX
Applicant: Donald L. Renecker.
Type of Application: Rezone.
Location: 206 West Chalmers Street.
Parcel No. 191320- 24007.
Date Decision Piled: April 30, 1990. •
Current Land Use: Dilapidated vacant building.
Proposed Land Use: Heavy equipment storage yard.
Current Zone: Suburban Residential (SR).
Proposed Zone: Central Business District Support (CBDS).
Decision:
C0NCLU JONB
1. 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 Central Business District Support District;
any problems with neighborhood compatibility can be resolved; and
a public need does exist for the proposed change.
2. 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:
EXAMINER'S SUMMARY - 1
MOP P G EXAMINER
FOR MC
cRV AND COUNTY OF TAKMA
POST OFFICE BOX 4
YAKMA. WASMINGTON oear
1509) 248 -0708
. .
r r
Ili A COMXENDATION
Approve this rezone application, from Suburban Residential
(SR) to Central Business District Support (CBDS), subject to the
following condition:
A. Dedication of five feet of right -of -way along the
frontage of Chalmers Street.
Examiner: M1-1-1-4°-A°
• y
•
EXAMINER'S SUMMARY - 2
HEARING EI AMNER
FOR ME
crrY ANO COUNTY OF YARN
PC45T OFFICE DOI •
rM BA& WASMNGTON 1113407
(50Q) 2413-0706
(-
•
Rezone Application by ) EXAMINERS RECOMMENDATION
)
DONALD L. RENECKER ) City No. UAZO RZ #1 -90
) Examiner No. I90 -2 -24
for 206 West Chalmers )
Street, From SR to )
CBDS. )
The Examiner conducted a public hearing on April 4, 1990. The
staff report presented by Mrs. Joan Davenport recommended approval.
Mr. Renecker testified. There was no opposition. The Examiner
inspected the property after the hearing.
UMMAR . •F L CO,' E,}' 0 . The Examiner recommends approval
of the 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:
TINTING&
1. Applicant. Donald L. Renecker.
2. j,ocation. 206 West Chalmers Street; Parcel No. 191320-
24007. West of South 18th Street and north of Riverside Street,
near Sarge Hubbard Park and south of Sunfair Chevrolet.
3. Application. Rezone.
4. Proposed Zone. Central Business District Support (CBDS).
S. Proposed Vie. Heavy equipment storage yard.
6. Current toning and Use. The subject area currently is
zoned Suburban Residential (SR) and is occupied by a dilapidated
vacant building. Adjacent properties have the following
characteristics:
Location Zoning Existing Land yse
North CBDS Vacant
East (across Chalmers St) SR Vacant mobile home
West CBDS Vacant
111
South SR Single- family home
EXAMINER'S RECOMMENDATION - 1 MENtr4G cwwNER
FOR THE
CRY AND CDUNTY OF YAKMA
POST OFFICE BOY 4
YAKMA. WASHINGTON 9090
isoo l 248 -0706
(-
• 6.1 Character of Area. The proposed rezone area is
adjacent to the south of a large CBDS zoning area which covers the
Terrace Heights region of the City located west of the Yakima
River. Immediately north of the development site are several large
vacant, cleared tracts owned by Lynch Motors, Bob Hall and Sunfair
Chevrolet. The SR zoning of the subject site and surrounding area
was a portion of the 1986 comprehensive rezoning of the urban area.
This SR zoning was not based on the existing land uses in the area,
but rather used as a zoning mechanism to preserve the area from
inappropriate land uses.
The subject area is clearly not now used as a residential
neighborhood, even though one single - family home is located
immediately adjacent to the rezone site. Other scattered
residential uses exist in the general area, further south along
Chalmers Street. Predominantly, the area is characterized as an
industrial /commercial region due to the presence of the car dealers
and Superior Asphalt.
• The site is within the Greenway Overlay Zoning District,
which requires any Class 1 or Class 2 use to be elevated one level
for zoning review. Serge Hubbard Park is located one block away
from the development site, which is a popular, heavily used
community facility and quite visible from the subject site. Any
subsequent development on this site should include landscaping and
sitescreening measures to protect and enhance the views from the
park.
7. Yakima OFban 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. A public water and sewer line is located in the road
right -of -way for Chalmers Street, directly in front of the subject
site.
• Chalmers Street is classified as a local roadway in the
comprehensive plan. This proposal involves only the development of
EXAMINER'S RECOMMENDATION - 2 WARN wweli[R
FOR THE
arr AND OGJNTY Or YAK FIA
POST OFF CE box 4
Y KMA. WAS1NG1pN aeoo
mppl2410706
a one -acre site. If permitted, this proposal may trigger
additional requests for piecemeal development along this or other
local streets in the area, resulting in individual curb cuts and
unrelated parking areas. On a local street this impact is not as
hazardous as on an arterial roadway, since the travel speed and
volume of vehicles is less.
Land use compatibility and locational goals are determined
from the Table of Land Use Compatibility and narrative related to
CBD Support (page OLU -4 and 11) which state that Suburban
Residential (Rural Residential, as noted on Table OLU -1) is not
compatible with CBD Support. Although the table is used as a land
use guide, it is not the sole determinant in evaluating appropriate
land use decisions. Since this apparent incompatibility exists in
the subject location, this rezone application does not alter the
situation. The CBDS zoning district seems to better reflect the
character of the area than the SR zoning.
8. Yakima Urban Area 2onina Ordinance. The CBDS zoning
district is intended to accommodate wholesale and retail activities
with some high density residential development. This district is 410
primarily located near the CBD and along major arterials leading to
the CBD. Like the CBD a variety of land uses are permitted.
However, the intensity of land uses is intended to be less than in
the CBD.
The criteria for rezones established by YMC 15.23.030.5 are
considered below:
8.1 Testimony All testimony was favorable.
8.2 - The property is flat,
adjacent to existing CBDS zoning, and suitable for the uses
permitted in this zone.
8.3 Agency Recommendations. No design review team
meeting was held. The City Engineering Department in writing
requested an additional five feet of right -of -way dedicated from
the property, since Chalmers Street has only 40 feet of right -of-
way. The lot also has frontage on South 17th Street which is
platted but not developed here. South 17th Street has 25 feet from
the center line of the right -of -way dedicated, so no additional 41O
EXAMINER'S RECOMMENDATION - 3 NEAR FAG EXAMINER
FOR THE
CITY AND C i.s Tv OF YAKMA
POST OFFICE SOX •
YA}(w1A. WASHINGTON 8907
5O�1 2 45 -0706
right -of -way for that street is necessary.
This rezone will permit more intensive business and
industrial uses, and therefore it is appropriate to require
dedication of an additional five feet of right -of -way along
Chalmers Street.
Planning Department staff recommended that the applicant
agree to participate in future improvement to Chalmers Street and
17th Street, including curb, gutter, sidewalk and paving. The
applicant indicated that although he may develop this for heavy
equipment storage, he really does not have specific plans for the
parcel at this time. It is premature to require these commitments
of the applicant. The legal basis for requiring such a commitment
is if there is evidence that a specific project will cause specific
identifiable impacts on the streets which will be mitigated by
improvements of this type. There is no evidence to support that.
In fact, the evidence is slender to support requiring an additional
five -foot dedication of right -of -way for Chalmers Street, but the
applicant is apparently willing to do that. He indicated that he
might be willing to participate in street improvements in the
future, if it fit in with some development project at the time that
would specifically benefit from that. His main objective right now
is to clean up the property.
8.4 Compliance with Comprehensive Plan and Soaina
Ordinance This was covered above with respect to the
comprehensive plan. With respect to the zoning ordinance, this is
a logical extension of the CBDS zone, and will be subject to a
higher level of review because of its location within the Greenway
Overlay Zoning District. The proposal is consistent with both the
plan and the zoning ordinance.
8.5 , de -r a o . a_ . Public water and
sewer are available. Chalmers Street is a gravel road in poor
condition which dead -ends one lot to the north. The roadway
network in this area is very poor. Substantial improvements will
be necessary when large scale development occurs in this area.
• Access to this property is on 18th Street, requiring it
to pass by Serge Hubbard Park. Future commercial development in
EXAMINER'S RECOMMENDATION - 4 NEAR NO ExAMNER
FOR THE
CITY AND COUNTY Cr YAKMAA
POST OFFICE BOx 4
YAKMA. W S iNGTOI 98007
I609I 2418.07015
this area may create traffic conflicts with recreational traffic,
and road improvements will have to be considered in conjunction •
with any substantial construction in the area. Those issues can be
dealt with in conjunction with specific development proposals.
8.6 Compatibility. No compatibility concerns have been
raised; this rezone is consistent with the area.
8.7 public Need. This issue was addressed to some
extent in the discussion concerning the character of the area. The
original SR zoning in this area appears to have been a holding zone
until development in the area could take on specific
characteristics, since the SR zoning was not particularly
consistent with anything that already existed there.
This rezone addresses only one parcel, which is on the
boundary between SR and CBDS. The existing zoning boundary appears
arbitrary in nature since it is not based on topographic features
nor any identifiable source except parcel boundaries. The most
logical boundary is to treat all property north of Riverside Street
consistently, which justifies rezoning this to CBDS. This
represents an extension of the CBDS zoning along Terrace Heights •
Drive and promotes consistent development of the property bounded
on the east by 18th Street and on the north by Riverside.
9. ;to a .v o,_,e A Determination of Non -
Significance was issued by the City of Yakima on March 12, 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:
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 Central Business District Support 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. •
EXAMINER'S RECOMMENDATION - 5 WARM EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX •
YAKMA. wAseohloroN 98907
1509) z48•070e
r
411 Based upon the foregoing Findings and. Conclusions, the
Examiner submits to the Yakima City Council the following:
AZCOMMZNPATION
Approve this rezone application, from Suburban Residential
(SR) to Central Business District Support (CBDS), subject to the
following condition:
X. Dedication of five feet of right -of -way along the
frontage of Chalmers Street.
Respect.ully submitted this 30th day of April, 1990.
PHILIP A. LAMB
Hearing Examiner
411
•
EXAMINER'S RECOMMENDATION - 6 HEARING WARNER
FOR THE
CT' AND COUNTY OF YAKMI
FROST OFFICE BOX 4
YAKMA. WAS- IINGTCN 0500
15041245 -0706