HomeMy WebLinkAbout1984-2772 AMENDING SECTION 1 OF ORDINANCE NO. 2721ORDINANCE NO. 2772
AN ORDINANCE amending Section 1 of City of Yakima Ordinance
No. 2721, dated October 11, 1983, entitled
416h "AN ORDINANCE accepting the recommendation of
the Planning Commission and rezoning property in
the vicinity of 60th Avenue and Summitview Avenue
from R-1, One -Family Zone to Planned Development
Zone".
•
WHEREAS, by City of Yakima Ordinance No. 2721, enacted
October 11, 1983, certain real property was rezoned from R-1,
One -Family Zone to Planned Development Zone, and
WHEREAS, the legal description of that rezoned property, set
out in Section 1 of Ordinance No. 2721, was erroneous in that it
excluded the east thirty feet of the described property for street
purposes, and Section 1 of that ordinance should therefore be
amended to correct the legal description of the rezoned property,
now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 1 of City of Yakima Ordinance No. 2721,
dated October 11, 1983, is hereby amended to read as follows:
"Section 1. The -recommendation of the Planning Commission
of the. City of Yakima that the following described real property
situate in the vicinity of 60th Avenue and Summitview Avenue in
the City of Yakima, Washington, and more particularly described
as follows, to wit:
Beginning 35 feet south, of the northeast corner of
the northwest quarter of the southwest quarter of
Section 21, Township 13 North, Range 18, E.W.M.;
thence south. 642.34 feet; thence south 88°58' west
150 feet; thence north 01°02' west 57.03 feet; thence
north 38°40'25" east 20.30 feet, thence north 6°0810"
east 18.43 feet; thence north. 30°2330" west 23.24'
feet; thence north 01°02' west 61.04.feet to the
easterly right-of-way line of the Yakima Valley Canal;
thence northwesterly along said -right-of-way to a •
point lying west of the point of beginning; thence
east to the point of beginning, situated in Yakima
County, Washington,
be rezoned from R-1, One -Family Zone to Planned Development
Zone be, and the same is hereby, approved and said real,
property ishereby rezoned to Planned Development Zone, all
in accordance with, and to conform to, the final development
plan and program therefore approved by the Yakima Planning
Commission, a copy of which is attached hereto and by reference
made a part hereof.; provided, the rezone 'granted by this
ordinance is subject to the following conditions:
1. The applicant shall file for public record an easement
25 feet wide to protect access to property included in Phase
II of the Planned Development Program.
2. Applicant shall submit a specific sign plan to the
City Department of Community & Economic Development for review,
and subject to approval, prior to the installation of any signs.
•
3. Applicant shall submit engineering details of a
drainage system to the City Engineer for review, subject
to approval, prior to installation of any drainage system."
Section 2. The above change in zoning shall be included and
depicted on the next regularly amended use district map prepared
by and for the City.
Section 3. The City Clerk is hereby authorized and directed
to file with the Yakima County Auditor a certified copy of this
ordinance.
Section 4. This ordinance shall be in full force and effect
thirty 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 22nd
day of MaY , 1984.
ATTEST:
OM,
City Clerk
PUBLISH DATE: 5-24-84
EFFECTIVE DATE: 6-23-84
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of September 27, 1983
ITEM TITLE: Public Bearing -- Richard and Cathy Myers, dba Fiddlesticks
16th Avenue and Sumuittriew Avenue
j! SUBMITTED BY; John Beer, Jr., Director of Community and Economia bevelopmetx{
CONTACT PERSON/TELEPHONE: 1)oa Skane, Associate Planner, 575-6184
SUMMARY EXPLANATION:
BACKGROUND Richard and Kathy Myers have submitted a Final Plan and Program for
a rezone from B-2 (Local Business) And R -t (Single Family Resi-
dential) to Planned Development for three lots located in the northwest corner of
the intersection of North 16th Avenue and Summitview.
The request is for a three phase development of the properties which would
increase off-street parking from 24 spaces to 31 spaces and expand retail floor
area from 4,500 square feet to approximately 6;500 square feet. Improvements. to
be completed in each development phase :are:
Phase A removal of the dwelling to this north of Fiddlesticks and installation
of a new 31 space parking lot, This parking facility would use a
portion of the lot to the west of Fiddlesticks.
Phase B Conversion of the dwelling to the west of Fiddlesticks to a retail use
similar to Fiddlesticks. This retail use would share access and
parking with Fiddlesticks.
Phase C Construction of an 850 square foot expansion r o the north side of the
Fiddlesticks building to compensate for loss of floor area resulting
from removal of a portion of the structure after dedication of
right-of-way.
Other site improvements include shifting the off-street parking access points
farther away from the intersection, on -bite retention of storm drainage, arta
1 'ndscaping.
The purpose given for the request is customer .reluctance to shop at Fiddlesticks
due to difficult access and cramped parking.
(continued)
* **34*****As'c*** k***** **fie**lic*** *********brie**************************irk****k*fir***********
* EXHIBITS *.
* * .
* Resolution Ordinance Contract X Minutes X Plan/Map *
* Notification List: Yes No _ Other (Specify) *
* *
* *
* ��.. - - *
AF`E'1tO�1} FORSUBMITTAL: ...�
* CI 4,1 MANAGER
***************************************** **********sir******fir***************************
STAFF RECOMMENDATION: NDATION: The staff concurs with the Planning Commission and recom-
mends that the request be approved subject to the following conditions: 1) Sub-
mittal of specific sign design plans for staff review and approval prior to any
changes and/or additions. to existing signing. A freestanding sign, if used,
shall not exceed a maximum height of ten (10) feet and shall not obstruct view
of vehicles entering or exiting the site; and 2) The. future use of the converted
residence be submitted for administrative review to assure compatibility.
BOARD/COMMISSION RECOMMENDATION; The Planning Commission recommended approval
of this request subject to the above mentioned conditions.
COUNCIL ACTION;
STDCII :i7
e.c:a .D e i-c'r:.t ... L °� ,....a.,,
►.�.� «'� 47.0. IF!
C41-7d('
LAND USE AND ZONING
Land .use and zoning on adjacent properties is as follows:
ZONING LAND USE
North R-1 Single family Residential
South R-1 Roosevelt Elementary School
East $-Z Commercial
West R-1 Single Family Residential_
URBAN AREA PLAN
The Optimal Land Use element of the Comprehensive Plan indicates the request is
conditionally compatible with the adjacent moderate density residential development and
compatible with commercial uses to the east. North 160 Avenue and Summitview are froth
classified as Major Arterial streets and Suinmitview is a designated truck route.
FINDINGS
A. The proposed development is designed primarily to provide. adegaute off-strer
parking for an existing permitted use rather than as a general expansion o_
commercial activity into the residential area. While some increase in retail
activity will result, the development will mitigate significant parking, traffic,
and land use compatibility problems associated with the Fiddlesticks store. The
mitigation of thea: problems brings this development into conformance with the
intent of the Yakima Urban Area Comprehensive Platt.
B. The right-of-way (R/W) far North 16th Avenue and Sununitview is 60 feet in
comparison to the City design standard of 100 feet. This existing R/W is fully
used and the facility meets minimum Federal and State intersection design
requirements. The intersection is one of the City's busiest and would benefit
substantially from widening, however, acquisition of any R/W from the development
site would result in the immediate and/or eventual removal of portions of the
Fiddlesticks structure. This circumstance complicates application of the policy
of requiring dedication of •R/W to meet current standards.
Dedication of a 30 foot radius for the intersection and four (4) feet of R/W along
North 16th Avenue reasonably balances the public need for R/W with the applicant's
proposal, for continued use of the structure. The applicants have agreed to the
dedication of right-of-way provided the City pay the cost of repair of the
structure to the c+wner#s specifications and to pay for the value of the 10
retail floor area. The Yakima City planning Commission hes .agreed in concept wit
compensation for damages and has recommended that the specific nature and amount
of compensation he negotiated with the applicants at the time the City requests
dedication of the right-of-way.
C. The freestanding. sign adjacent to Suanrnitview is proposed to be between 6 and 12
feet in width and from 15 to 20 feet in height. The sign location could pose
severe traffic safety problems, depending upon design, and the size is not
compatible with the transition from commer=cial to residential use occurring at
this location.
D. The Yakima City Planning Commission, in public hearing on September 6, 1983,
recommended approval of the request subject to certain conditions.
STDCII E
MEMBERS PRESENT
Janet Snodgrass
Vincent Nubling
Nick Hughes
James Kurbitz
Charlotte Phillips
Dolores Heinen
Deb Patterson
MEM RS ABSENT
Tony Menke
MINUTES
CITY OF YAKIMA PLANNING COMMISSION
September 6, 1983
STAFF PRESENT
D. Larry Wright, Assistant Director
of Community & Economic Development
John Haddix, Planning Supervisor
Judd Black, Associate Planner
Don Slane, Associate Planner
Larxy Lehman, Associate Planner
John Beer, Jr., Director of Community &
Economic Development
Dennis Covell, Director of Engineering
and Utilities
Pat Brady, Department Assistant IV
The meting was called to order by Chairman Deb Patterson at 7:30 P.M.
It was MOVED by Hughes, seconded by Nubling that the minutes of the
August 2, 1983 regular meeting be approved as presented. Motion car-
ried, all members present voting aye by voice vote.
D. FIDDLESTICKS
Don SKone presented the staff report and findings, recommending the
Final Plan and Program requested by Richard and Kathy Myers, dba
Fiddlesticks for a rezone frau B-2 and R-1 to Planned Development
at 1601 Summitview be approved subject to the conditions in the
staff report. Denny Covell, City Engineer, was asked to explain
cost to cure, condemnation, and appraisals in regards to the right-
of -way request.
Citizen Comments (For)
Glenn Rice, 415 No. 1st St., representing the applicants, stated
that the Myers agreed to the majority of the staff recommendations.
Mr. Rice presented a site plan (Exhibit A) showing the changes to
the building which will be made during renovation, and pictures
(Exhibit B -G) of the corner (Roosevelt School) across the street
frau Fiddlesticks. Mr. Rice explained the City assistance in the
development of that corner.
Bill Huibregtse, 418 No. 60th Avenue, Engineer representing the
applicants, spoke regarding the sign requested and stated that the
sign as proposed would be 6 x 12' in width and 20' in height. He
also stated that the specific sign would be submitted to staff at
the time of its installation.
Dick Myers, 8 So. 79th Avenue, co --owner of Fiddlesticks, agreed
with the staff findings but thinks that the floor area lost in
right-of-way acquisition should be considered for reimbursement.
MINUTE C11
Citizen Comments (Against)
No one present wished to speak against this proposal.
Commission Comments
Larry Wright explained the reguirenent of right-of-way for all
Panned Development requests, and that it is not the responsibility
of the Planning Commission to decide that is fair and equitable
payment or What could proceed frau condemnation. After discussion,
it was MOVED by Kurbitz, seconded by Snodgrass to accept the re-
quest for rezone frau B-2 and R-1 to Planned Development with the
staff recommendations on the staff report and to add that the
applicant will dedicate the right-of-way When required by the City
of Yakima and that staff and applicant will worst out compensation
to the applicant. Motion carried, all present voting aye by voice
vote.
MEMBERS PRESENT
Janet Snodgrass
Vincent Nubling
Nidc Hughes
James Kuahitz
Charlotte Phillips
Tony Menke
MEMBERS ABSENT
Dolores Heinen
MEIAB RS EXCUSED
Deb Patterson
MINUTES
CITY OF YAKiMA PLANNING COMMISSION
August 2, 1983
STAFF PRESENT
D. Larry Wright, Assistant Director
of Community & Economic Development
John Haddix, Planning Supervisor
Judd Black, Associate Planner
Don Syne, Associate Planner
John Beer, Jr., Director of Community &
Economic Development
Dennis Covell, Director of Engineering
and Utilities
Pat Brady, Department Assistant IV
The meeting was called to order by Vice Chairman Tony Menke at 7:30 P.M.
It was MOVED by Snodgrass, seconded by Nubling that the minutes of the
July 5, 1983 regular meeting be approved as presented. Motion carried,
all members present voting aye by voice vote.
C. FIDDLESTICKS
Don Skone presented the staff report and findings, recamnending the
Preliminary Plan and Program rewest by Ricard and Kathy Myers,
dba Fiddlesticks for a rezone from B-2 to R-1 to Planned Develop-
[lent
evelop-
n nt at 1601 Summitview be approved subject to the conditions in
the staff report. Mr. Skone explained further that there is a
possible environmental impact and that a City employee fran the
Housing Services Center had made a estimate of the cost -to -cure
requested by the applicants. The informal appraisal was for approx-
imately $17,000.
Citizen Comments (For)
Glenn Rice, Mayer Corporation, 415 No. 1st St., presented a written
response to the staff report; pictures of the area; and a letter
from Lois Mae Mills, owner of 208 No. 16th Ave., approving this
request. Mr. Rice made the following statements: the proponents
objected to a City staff member appraisal; the proponents were
willing to modify several parking stalls on the north side (16th
Avenue) in order to alleviate the "Exit Only" request by staff;
questioned the sidewalk along Summd.tview and stated that Mr. & Mrs.
MINUTE C9
Myers had received information frau thr City that this would be
handled by the City in the future. Denny Covell, Director of
Engineering & Utilities, explained that this letter may have been
one prepared by the School Safety Committee in response to their
concern of sidewalks in school areas.
Dick Myers, 8 So. 79th Ave., co-owner of Fiddlesticks, explained
that if the City did not wish to consider the cost -to -cure method
at this date, the proposed project could be completed to assist in
alleviating the traffic problem in the area. However, the cost -
to -cure request would be made again when the right-of-way is needed
to improve or widen the corner.
Kathy Myers, 8 So. 79th Ave., co-owner of Fiddlesticks, explained
the background of the business in that building, improvements
previously made and the proposed addition to the building in the
near future.
Bill Huibregtse, 418 M. 60th Ave., stated that Mr. and Mrs. Myers
have not indicated that they will dedicate the rightrof-way to the
City, but will work with the City regarding the requiring of the
right-of-way or any part of the building as long as they are com-
pensated fairly by an appraisal process and by the costrto-cure for
the reconstruction of the building, loss of floor space, and cost
of the wilding taken as well. Appraisal could be determined by a
before and after condition with reduced floor space or comparable
sales by a square foot basis.
Paul Finley, owner of 1605 Summitview, stated that he feels that
this proposal will improve the traffic problems and indicated that
he would like to see the fence proposal brought to the property
line.
Elsie Gregoridh, 1516 Browne Avenue, stated that she felt this
proposal would improve the area and the traffic pattern, but would
like to make sure that the traffic entrance and exit on 16th Avenue
be developed correctly.
George Lenbedc, 1613 Browne Avenue, asked if the parking lot drive-
way would be drained at night in order to keep unwanted cars frau
parking there and Mr. and Mrs. Myers indicated that it would be.
Mr. Lenbedc questioned if the ingress/egress lane would be wide
enough for two cars and Mr. Rice assured him that it would be.
Citizen Comments (Against)
No one present wished to speak against this proposal.
Cam fission Comments
After discussion regarding the problems concerning the right-of-way
issue and the compensation of same, it was the general consensus of
the Planning Commission to recommend that this preliminary plan and
program be accepted as follows:
MINUTE C4
1. Dedication of right' -of si ay for a 30 foot
and 4' along 16th Avenue and payment of
City of Yakima.
2. Installation of a new six foot high site
four foot wide landscaping planter along
boundaries of the site.
intersection radius
cost -to -cure by the
screening fence and
the north and west
3. Submittal of a detailed landscape plan.
4. Submittal of a detailed drainage plan for review by the City
Engineer.
5. Close old driveways with full height curb.
6. Continuation of sidewalk along SummLtview to the western edge
of the site.
7. Submittal of a sign plan for any proposed changes in signing.
8. Delete staff recommendation #6 and recommend that two parking
spaces be removed to allow entrance and exit on 16th Avenue.
9. Delete recommendation #2 of the staff report.
B
iimmittam. . NEIN =
kr-
um
Ilik �
1 1. 1 1 1 1 1
4
6
.,�'
ct
Q
JEFFERSON
13
2S
=111111511Rnill
.uuIiIlauiu■
X11
OLS
FM MI E -F1
u 2
�+ a
511
Ir
18
17 .
VW' ILIMIM
11111
1111
�BELL r.e
1
M
MIN
EMI
11,0
=04
win
r
•
iii noi..I.iW ;
wz4
7:1 pi
I Si
14
MEM
■L7
•
LL
•
• *REZONE APPLICATION #RZ
NAME Richard Myers (Fiddlesticks)REQUEST IN TO 'pi
ADDRESS 1601 Sumnit,view DATE July 1983
}� «<
0,.
»
ON
N V 3 d 2
V