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HomeMy WebLinkAbout1983-2722 REZONE PROPERTY ON NORTHWEST CORNER OF NORTH 16TH AVENUE & SUMMITVIEW AVENUE ORDINANCE NO. 2722 III AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property on the Northwest corner of North 16th Avenue and Summitview Avenue 40 from B-2, Local Business Zone and R-1, One-Family Zone to Planned Development Zone. WHEREAS, pursuant to due and legal notice, the City Council of the City of Yakima held a hearing on the 27th day of September, 1983, on the recommendation of the Planning Commission that, real property situate at the Northwest corner of the intersection of North 16th Avenue and Summitview Avenue in the City of Yakima, Washington, the legal description of which is set out hereinbelow, be rezoned from B-2, Local Business Zone and R-1, One-Family Zone to Planned Development Zone, and 4 1111 WHEREAS, as a result of its hearing, the City Council hereby makes its following findings and conclusions: FINDINGS: 1. The application is for a rezone from B-2, Local Business Zone and R-1, One-Family Zone to Planned Development Zone for three lots located at the Northwest corner of the intersection of North 16th Avenue and Summitview Avenue, the legal description of which is set out hereinbelow. The plan and program for developing the property calls for a three-phase development which would in- crease off-street parking from 24 spaces to 31 spaces and expand 41 110 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 the 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 41/1" 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. III Phase C Construction of an 850 square foot expansion on 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-site retention 411 of storm drainage, and landscaping. 2. Land use and zoning on adjacent properties is as follows: ZONING LAND USE 41 110 North R-1 Single Family Residential South R-1 Roosevelt Elementary School East B-2 Commercial West R-1 Single Family Residential 3. 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 commer- cial uses to the east. 4.. The proposed development is designed primarily to provide adequate off-street parking for an existing permitted use rather than as a general expansion of commercial activity into the resi- dential 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 these problems brings this development into conformance with the intent of the Yakima Urban Area Compre- hensive Plan. 5. North 16th Avenue and Summitview are both classified as major arterial streets and Summitview Avenue is a designated truck route. The right-of-way (R/W) for North 16th Avenue and Summitview 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 por- tions of the Fiddlesticks structure. This circumstance complicates application of the City 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 the public need for R/W with the applicants' proposal for continued -2- use of the structure. The applicants have agreed to the dedica- tion of R/W provided the City pay the cost of repair of the structure according to specifications comparable to the damaged structure and for the value of the lost retail floor area, with 411/1" payment to be made at the time the City requests dedication of the R/W. 6. A freestanding sign is proposed for installation on the premises. In the event a freestanding sign is installed, its location, height, size and design should be subject to review and approval by the City Department of Community & Economic Development before its installation. 7. The future use of the converted residence should be sub- 41110 ject to approval by the City Department of Community & Economic Development to assure compatibility with the balance of the Planned Development premises and with the surrounding neighborhood. B. The City Planning Commission recommended approval of the requests subject to certain conditions specified below. CONCLUSIONS: 1. The request is in conformance with the Yakima Urban Area Comprehensive Plan. 2. The development of the property as proposed by the rezone request would mitigate traffic problems to the maximum possible 41, extent. 3. The recommendation of the Planning Commission to grant the rezone should be affirmed and the rezone should be granted subject to the conditions specified below, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The recommendation of the Planning Commission of the City of Yakima that the following described real property situate 401" at the Northwest corner of the intersection of North 16th Avenue and Summitview Avenue in the City of Yakima, Washington, and more particularly described as follows, to wit: Parcel A: the south 91 feet of tract 40, Summit View III Acre Tracts, as recorded in Volume "A" of Plats, page 30, records of Yakima County, Washington; Parcel B: the east 70 feet of the south 140 feet of tract 39, Summit View Acre Tracts, as recorded in Volume "A" of Plats, page 30, records of Yakima County, Washington; Parcel C: the north 49 feet of the south 140 feet of tract 40, Summit View Tracts, as recorded in Volume "A" of Plats, page 30, records of Yakima County, Washington. -3- be rezoned from B-2, Local Business Zone and R-1, One-Family Zone to Planned Development Zone be, and the same is hereby, approved and said real property is hereby zoned to a Planned Development Zone, all in accordance with, and to conform to, the final develop- ment 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. Applicants shall dedicate property as necessary for a thirty foot radius for the intersection and four feet of right- of-way along North 16th Avenue at such time as requested by the City; provided, the City shall pay to applicants the cost of repair to the structure according to specifications comparable to the damaged structure, and for the value of the retail floor area, with the amount of compensation to be determined by negotiation or by a court action, if necessary, at the time the City requests the dedication of the right-of-way. 2. Applicants shall submit a specific sign design Plan for review and approval by the City Department of Community & Economic Development prior to any changes or additions to existing signing. A freestanding sign, if used, shall not exceed a maximum height of ten feet and shall not obstruct view of vehicles entering or exiting the site. 411 3. Any proposed future use of the converted residence on the property shall be submitted for review and approval by the Depart- ment of Community & Economic Development to assure compatibility with the balance of the Planned Development premises and with the surrounding neighborhood. 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. 411 1/ Section 3. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. -4- Section 4. This ordinance shall be in full force and effect 411 thirty days afters its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this irbK 41111 day of OCtgik , 1983. f\ (10 Mayor ATTEST: t 0 0 0 City C er Publication Date OCT 13 1 Effective Date NOV 13 198 4 111 • -5-