HomeMy WebLinkAbout1983-2707 REZONE PROPERTY ON THE NORTHWEST CORNER OF CUSTER & SUMMITVIEW AVENUES ORDINANCE NO. 2 7 0 7
AN ORDINANCE accepting the recommendation of the Planning
Commission and rezoning property on the north-
west corner of Custer and Summitview Avenues
from R-3, Multiple-Family Zone to Planned
411/11 Development Zone.
WHEREAS, pursuant to due and legal notice, the City
Council of the City of Yakima held a hearing on the 28th day
of June, 1983, on the recommendation of the Planning Commission
that real property situate at the northwest corner of the
intersection of Custer and Summitview Avenues in the City of
Yakima, Washington, the legal description of which is set out
hereinbelow, be rezoned from R-3, Multiple-Family Zone to
Planned Development Zone, and
4111/ WHEREAS, as a result of its hearing, the City Council
hereby makes its following finds and conclusions:
FINDINGS:
1. The application is for a rezone from R-3 Multiple-
Family to Planned Development for property located in the
northwest corner of the intersection of Custer and Summitview
Avenues. The proposed development is the construction of a •
chiropractic office building 3708 square feet in size with
nineteen (19) associated off-street parking stalls. The site
is presently divided by an east-west running alley. The existing
4011 dwelling and garage on the south side of the alley (204 Custer)
would be demolished to accommodate the proposed office building
and eight parking spaces. A twenty-four foot wide strip of
land adjacent to the north side of the alley will be used to
provide the remainder of the nineteen parking spaces for the
office facility.
2. The development site is located on the westerly fringe
411 of the central business district support area and is characterized
by a transition from mixed residential uses to professional
offices. Specific land use and zoning on adjacent properties
• is as follows:
Zoning 3 Land Use
North R-3 Single family residential
South B-3 Summitview Park/Prof. Offices
East B-3 Professional Offices
West R-3 Single family residential
3. The Optimal Land Use element of the Comprehensive Plan
indicates that the requested use is couyatible with the moderate
density residential uses to the north and west. Compatibility
with the adjacent residential uses will be achieved by the low
height and architectural design of the structure and adequate
41 1110
site screening and landscaping.
4. Summitview Avenue is a designated major arterial street
and Custer is designated as a local access street. The planned
development will not contribute significantly to existing traffic
flow problems. It may actually improve the situation by providing
increased visibility at the intersection and by paving the alley
to its full width. Sight distances at the intersection could be
improved by restricting parking on the north side of Summitview
41/
west of the intersection.
5. The City Planning Commission recouaended approval of the
request subject to certain conditions specified below.
CONCLUSIONS:
1. The request is in conformance with the Yakima Urban Area
Comprehensive Plan.
2. While the traffic impact of future commercial development
along Summitview Avenue is of continuing concern, the land use
and design of this proposal mitigates the traffic problem to the
extent possible.
41 110
3. The recommendation of the Planning Commission to grant
the rezone should be affirmed, and the rezone should be granted,
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 at the northwest corner of the intersection of Custer and
Summitview Avenues in the City of Yakima, Washington, and more
particularly described as follows, to wit:
The following property in Block 57, Black's Addition
to North Yakima, now Yakima, according to the official
plat thereof recorded in Volume "A" of Plats, page 90,
records of Yakima County, Washington:
-2-
The South 34 feet of Lot 3 (except the South 10 feet
conveyed for city street) and
III All of Lot 4 (except the North 10 feet conveyed for
city street) and
All of Lots 5 and 6 (except rights of way for streets).
411/11 be rezoned from R-3, Multiple-Family Zone to Planned Development
Zone be, and the same is hereby, approved and said real property
is hereby rezoned to a Planned Development Zone, all in accordance
with, and to conform to, the final development plan and program
therefore approved by the Yakima Planning Commisslon,'4 copy of
which is attached hereto and by reference made a part hereof;
provided, the rezone granted by this ordinance is s to the
following conditions:
4111/ 1. Prior to construction, the applicant must submit to the
City Engineer the engineering plans for alley paving and for
alley and parking lot drainage, which plans are subject to
approval by the City Engineer prior to the commencement of any
construction on the property.
2. Prior to construction, the applicant must submit to the
Office of Environmental Planning of the City a final sign instal-
lation plan, which plan is subject to approval by the Office of
Environmental Planning prior to the commencement of any construction
on the property.
41011 . 3. On-street parking on the north side of Summitview Avenue
for a distance of 150 feet west of the intersection of Summitview
Avenue with. Custer Avenue shall be restricted.
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 pro-
. vided by law and by the City Charter.
-3-
,.,
PASSED BY THE CITY COUNCIL, signed and approved this
day of , 1983. •
gip
Mayor
ATTEST: 2 th
City... Clerk
111 110
•
1
BU TISS OF THE CITY COUtic..IL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 6/28/83
ITE71 TITLE: Public Hearing - Dr. Ronald Warninger
(NW Corner - Custer and StirtnitttieW Avenues)
SUBMITTED BY John Beer, Jr., Director of Canrrunity & Econ it is Develc meat
CONTACT PERSON /TELEPHONE: n Sure Associate Planner -- 575 -6184
SiA.RY EXPLI1'ION:
(See attached)
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EXHIBITS
* F solution Ordinance Contract X Minutes X P lan /Map
*
* Notification List: Yes No X Other (Specify} to re_^ iurn
* *
* AP.MOVED SUBMI'1"'I L:
MINACER
* ***** * *****'x* ****** -* fr***'k******* ****dark#,, f k,ik A.********* *.***** * ** ****# ** * ** **** * * ** ** ***
STAFF RECOMMENEA'1'IC T: Request for ? .onne from R -3 to Planned Development be approved
with conditions staled on altached star report.
BOARD/CCMM1SSICN tE0 W ' TION. Pianni4g Cummissiun r ec,o m nds request for rezone
e
from R -3 to Planned C7evelopment he approved with
conditions stated nn attached staff report.
COUWIL ACTION: . t , z L
STAFBP A2
I j �
M E M O R A N D U M
June 22, 1983
TO: R. A. Zais, City Manager
FROM: John Beer, Jr., Director of Community & Economic Development
SUBJECT: Dr. Ronald Warninger Planned Development
Rezone from R -3 to Planned Development
•
Background
Dr. Ronald Warninger has submitted an application for a rezone from R!-.3 (Multiple
Family) to Planned Development for property located in the northwest corner of the
intersection of Custer and Summitview Avenues. The proposed development is the
construction of a dhiropractic office building 3708 square feet in size with nineteen
(19) associated off - street parking stalls. The site is presently divided by an
east west running alley. The existing dwelling and garage on the south side of the
alley (204 Custer) would be demolished to accommodate the proposed office building and
eight parking spaces. A twenty -four foot wide strip of land adjacent to the north side
of the alley will be used to provide the remainder of the nineteen parkking spaces for
the office facility.
Land Use and Zoning
The development site is located on the westerly fringe of the central business district
support, area and is dharacterized by a transition from mixed residential uses to
professional offices. Specific land use and zoning on adjacent properties is as
follows:
Zoning Land Use
North R -3 Single family residential
South B-3 Summitview Park /Prof. Offices
East B -3 Professional Offices
West R -3 Single family residential
Urban Area Comprehensive Plan
The Optimal Land Use element of the Comprehensive Plan indicates that the requested use
is compatible with adjacent CBD support uses and conditionally compatible with the
moderate density residential uses to the north and west. Sunmitview is a designated
Major Arterial Street and Custer as Local Access.
Findings
1. The request is in conformance with the Yakima Urban Area Comprehensive Plan.
Ccampatibility with the adjacent residential uses will be achieved by the low
height and architectural design of the structure and adequate site screening and
landscaping.
2. While the traffic impact of future commercial development along Sumnitview Avenue
is of continuing concern, the land use and design of this proposal mitigates the
traffic problem to the extent possible. The Planning staff together with the City
Engineer and Traffic Engineer, have considered the traffic situation at the
intersection and in the alley and have concluded that:
a. The planned development will not contribute significantly to existing traffic
flow prablens. It may actually improve the situation by providing increased
visibility at the intersection and by paving the alley to its full width.
b. Widening of the intersection would improve traffic flow through the
intersection, but it would also increase the traffic presently using Custer
as a link between Sunmitview and Lincoln. The result would be increased
traffic through the residential neighborh000d and a worsening of traffic
problems at Lincoln and Custer.
c. Sight distance at the intersection could be improved by restricting parking
on the north side of Sumnitview west of the intersection. The City Traffic
Engineer has indicated his willingness to implement this suggestion.
3. The City of Yakima Planning Commission, on thine 7, 1983, recommended approval of
the request subject to certain conditions.
Recommendation
endation
The Planning staff concurs with the Planning Commission and recommends that the Planned
Development request be approved subject to the following provisions:
1. Submittal of engineering plans for alley paving and alley and parking lot drainage
for review and approval by the City Engineer.
2. Submittal of a final sign plan for review and approval by the Office of
Environmental Planning.
Re2atriction of on-street , parking on Sunmitview by the City Traffic Engineer.
MINUTES
CITY OF YAKIMA PLANNING COMMISSION
May 3, 1983
MEMBERS PRESENT STAFF PRESENT
Janet Snodgrass John Beer, Jr., Director of
Vincent Nubling Community & Economic Development
Nils Hughes D. Larry Wright, Assist. Director
Dolores Heinen of Community & Economic Development
Deb Patterson John Haddix, Supervising Planner
James Kunbitz Don Skone, Associate Planner
Charlotte Phillips Larry Lehman, Associate Planner
Denny Covell, Director of
MEMBERS ABSENT Engineering & Utilities
Manuel Olivas Pat Brady, Dept. Asst. IV
Tony Menke
B. DR. RONALD H. WA NINGER
Don Skone presented the staff report and findings and recanmended
that the preliminary plan and program requested by Dr. Ronald
Warninger for a rezone from R -3 to Planned Development at Custer
Avenue and Sumnitview Avenue be approved, subject to the noted
provisions.
Citizen Comments (For)
Harlan Dunn, Architect, Knipper -Dunn Partnership, explained the
entrance and exit to the proposed project would be on Custer
Avenue; sight screening would be on the north and west property
lines; and the corner of Custer and Sumnitview would have less
landscaping to alleviate any traffic problems.
It was determined by Denny Covell, Director of Engineering and
Utilities, that there is 40' of dedicated right-of-way and 24' of
that amount is paved street on Custer Avenue. Denny Covell was
asked by the Commission if the Traffic Engineering Division would
conduct a study to determine the traffic patterns and the traffic
problems at the intersection of Custer and Stmmitview Avenues.
Dr. Ronald Warninger, 911 Conestoga, stated that there would be
five employees working at the proposed business and it is
anticipated there will be eight patients an hour for the two
doctors practicing at this location.
Citizen Comments (Against)
Dave Hoge, 1007 Smnmitview, stated that he is concerned with the
traffic that could be generated in the alley behind the proposed
project and the traffic problems that currently exit at the corner
of Custer and Summitview Avenues. He stated the westside of that
corner should be widened.
MINUTE F5
George Bean, 1015 Summitview, expressed his concern regarding the
traffic on Summitview, as it is on an incline and curves at the
Custer /Summitview intersection; the alley between Summitview Avenue
and Browne Avenue is used by thirty two apartment dwellers and felt
that the congestion would not handle two-way traffic; his family's
property would depreciate in value.
Judy Hoge, 1007 Summitview, stated that her neighbor at 1005
Summitview requested information regarding the sight screening
40_ on the west side. It was explained by Mr. Dunn
fence would he on the property line. Mrs. Hoge stated that
apartment dwellers on Browne Avenue park in the alley and there is
not enough parking space at the present tine. She explained to the
Commission that the alley is used for parking by property owners on
Summitview as they do not have driveways facing Summitview. She
stated she would like this area to continue to be a residential
block.
Richard Twiss, 2107 W. Chestnut, owner of apartments on Browne
Avenue, stated the he had no problems with the project, with the
exception of the traffic problem on the corner of Custer and
Summitview Avenues.
Commission Comments
The Commission expressed consideration to be given to the house at
210 Custer as part of the request for the Planned Development which
could be used for the necessary parking. However, Larry Wright and
staff members indicated that this house has no functional relation-
ship to the proposed Planned Development. Other comments by the
Commission were: the possibility of using the additional 16' of
the dedicated right -of -way to construct a right turn lane at the
intersection of Custer and Summitview during construction of
proposed project; "No Parking" signs could be installed on both
sides of Custer; the possibility of putting a "No Parking" sign in
the alley and "No Parking" signs installed on Summitview the length
of the proposed Planned Development; consider widening Custer
Avenue, even if this project is not approved; pave the alley behind
the properties on Summitview and Browne Avenue; and the project
would enhance the area.
Larry Wright stated that all of the concerns of the citizens
present and the Commission are noted and staff would work with the
applicant to see how these questions /problems could be addressed
before the applicant submits his Final Plan and Program.
MINUTE F6
•
MINUTES
CITY OF YAKIMA PLANNING COMMISSION
JUNE 7, 1983
•
MEMBERS PRESENT STAFF PRESENT
Janet Snodgrass John Beer, Jr., Director of Community
Vincent Nubling and Economic Development
Dolores Heinen D. Larry Wright, Assistant Director
Deb Patterson of Community and Economic Development
James Kurbitz Denny Covell, Director of Engineering and
Charlotte Phillips Utilities
Tony Menke Pat Brady, Department Assistant IV
MEMBERS ABSENT
Manuel Olivas
MEMBERS EXCUSED
Nick Hughes
The meeting was called to order by Chairman Deb Patterson at 7 :30 P.M.
It was MOVED by Snodgrass, seconded by Nubling that the minutes of the
May 3, 1983 regular meeting be approved as presented: motion carried,
all members present voting aye by voice vote.
A. DR. RONALD WARNINGER
Larry Wright presented the staff report and findings and recom-
mended approval of the request of Dr. Ronald Warninger for a rezone
from R-3 to Planned Development at the corner of Summitview and
Custer Avenues.
Larry Wright explained that the letters received by the members of
the Commission from Mr. and Mrs. David W. Hoge and Mrs. Betty L.
Pierson would be presented into the record and read the letter from
Mrs. Pierson received by several Commission members.
Citizen Comments (For)
Ron Warninger, 911 Conestoga, explained the traffic survey which he
had conducted at the corner of Custer and Summitview Avenues and
presented further survey counts for that corner. He stated that
•
the peak hours of his business would be in the mid - morning.
Harlan Dunn, Knipper -Dunn Partnership, explained the site plan for
the proposed offices and displayed pictures of the current sur-
roundings and stated that the proposed office would be an improve-
ment to the area.
MINONE Fl
Citizen Comments (Against)_
Judy Hoge, 1007 Summitview, asked the Planning Commission for their
comments to the letter (mailed to each member) dated May 29, 1983.
Commission Comments
Questions regarding the traffic problem at the intersection of
Custer and Summitview were addressed to Denny Covell, City En-
gineer. Mr. Covell explained to the Commission that if the corner
at that intersection was widened it would encourage traffic to use
Custer Avenue, thereby creating a traffic problem at Custer and
Lincoln Avenues. Mr. Covell stated further that the Traffic Engin-
eering Division felt that the removal of the tree at the inter-
section would alleviate some of the problems at that corner. If
the proposed project is allowed at this site, a study by the Traf-
fic Engineering Division would be conducted to evaluate the possi-
bility of a turn pocket at that corner. It was also stated by Mr.
Covell that ti n alley is considered to a secondary access only to
�
any given property.
The Commission asked that the Questions raised by Mr. and Mrs. Hoge
in their letter be addressed. Larry Wright stated that he agreed
with Mr. Covell that an alley is a secoi•ar access and a distinct
answer could not be given regarding the num'•er of cars an alley
could accommodate; there is no solution to provide more parking for
the apartments facing Browne Avenue; the original plans for the
apartments demonstrated the required number of cars per unit; a
signalized pedestrian crosswalk on a major arterial would not be
safe, although the possibility of a painted crosswalk at the inter-
section could be considered by the Traffic Engineering Division.
After further discussion, it was MOVED by Phillips, seconded by
Menke to accept the staff recommendations and findings and to
include in Section 1.(c) that the restricting of parking on the
north side of Summitview west of the intersection be extended 150'.
Motion carried, Nubling, Heinen, Kurbitz, Phillips, Menke, Patter-
son voting aye, Snodgrass voting nay.
MINONE F2
•
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• REZO APPLICATION RZ
NAME Dr. Ronald Warninger REQUEST R -3 TO - PD
ADDRESS Custer /SLmmitview Ave: DATE 4/12/83