HomeMy WebLinkAbout2001-054 Lawrence Cacchiotti Rezone / 1201 Ackerman Avenue ORDINANCE NO. 2001 -54
AN ORDINANCE concerning land use and zoning, rezoning two parcels (approximately
0.69 acres) in the vicinity of 1201 Ackerman Avenue from Two - Family
Residential (R -2) to Multi- Family Residential (R -3) and amending the
Official Yakima Urban Area Zoning Map accordingly; granting Class
(3) approval for the location of professional offices within the R -3
zoning district; granting an administrative adjustment allowing lot
coverage at 86 %, all subject to conditions.
WHEREAS, Dr. Lawrence F. Cacchiotti, the Owner, has submitted a master application
dated March 28, 2001, requesting: (1) amendment of the Official Yakima Urban Area Zoning
Map to rezone two parcels (approximately 0.69 acres) in the vicinity of 1201 Ackerman
Avenue (Yakima County Assessor's Parcel #181327 -42417 and 181327 - 42419), referred to as
"Subject Rezone Property," from Two - Family Residential (R -2) to Multi- Family Residential
(R -3); (2) Class (3) approval for the location of professional offices within the R -3 zoning
district; and (3) an administrative adjustment to allow a parking lot including lot coverage of
86% on one parcel (Yakima County Assessor's Parcel #181327 - 42401), referred to as "Subject
Adjustment Property "; and
WHEREAS, on August 9, 2001, the City of Yakima Hearing Examiner conducted a duly
convened, open - record public hearing regarding the master application (UAZO RZ #4 -01,
CL(3) #5 -01, ADM. ADJ. #8 -01, and EC #9 -01), and after considering the record issued his
Examiner's Recommendation, Examiner No. IU01 -2 -11, dated August 22, 2001; and
WHEREAS, the Hearing Examiner recommended that, subject to certain conditions stated on
page 6 of the Hearing Examiner's Recommendation:
1. The Subject Rezone Property should be rezoned from Two - Family Residential (R -2) to
Multi- Family Residential (R -3);
2. Class (3) approval should be granted for the location of professional offices within the
R -3 zoning district;
3. An administrative adjustment should be granted to allow lot coverage of 86% on the
Subject Adjustment Property; and
WHEREAS, at a closed - record public hearing on September 18, 2001, the City Council duly
considered the requested rezone, Class (3) approval, and administrative adjustment,
including the documents and other evidence which comprise the record developed before
the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements of
interested persons; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the
file, and the statements of interested persons, the City Council finds that, subject to the
condition stated on page 6 of the Hearing Examiner's Recommendation, with respect to the
requested rezone:
1. The Subject Rezone Property is suitable to be classified Multi- Family Residential (R -3);
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2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing Two - Family Residential (R -2) zoning
was established which now make the requested rezone appropriate; and
4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in chapter 15.23 of the Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance;
d. Other applicable land use controls; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the
file, and the statements of interested persons, the City Council finds that, subject to the
conditions stated on page 6 of the Hearing Examiner's Recommendation, the requested Class
(3) approval should be granted; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the
file, and the statements of interested persons, the City Council finds with respect to the
Subject Adjustment Property that, subject to the conditions stated on page 6 of the Hearing
Examiner's Recommendation, the requested administrative adjustment to allow lot coverage
of 86% should be granted; and
WHEREAS, it is in the best interests of the City to adopt the Hearing Examiner's findings
and conclusions and recommendation to approve, subject to certain conditions, the
requested rezone, Class (3) approval, and administrative adjustment of lot coverage; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. Hearing Examiner's Recommendation Affirmed: The Yakima City
Council adopts the findings, conclusions and recommendations of the Hearing
Examiner's Recommendation, Examiner No. IU01 -2 -11, dated August 22, 2001,
and incorporates that Hearing Examiner's Recommendation by reference as part
of this Ordinance.
Section 2. Subject Rezone Property: Regarding the Subject Rezone Property, the
legal description of which is attached to this ordinance as Exhibit A, which is
incorporated by reference in this ordinance, the City Council finds formally that,
subject to the execution and recording of Exhibit B as modified to include actual
legal descriptions:
1. The Subject Property is suitable to be classified Multi- Family Residential (R -3);
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing Two - Family Residential (R -2) zoning
was established which now make the requested rezone appropriate; and
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4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in Chapter 15.23 Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 3. Amendment of Official Yakima Urban Area Zoning Map: The Official
Yakima Urban Area Zoning Map shall be amended to rezone the Subject Rezone
Property from Two - Family Residential (R -2) to Multi - Family Residential (R -3).
Section 4. Rezone Conditions: The rezone granted by this ordinance is expressly
conditioned on the Owner's execution and recording of Exhibit B, as modified to
include actual legal descriptions.
Section 5. Class (3) Approval: Subject to conditions 1 -6 stated on page 6 of the
Hearing Examiner's Recommendation, the requested Class (3) approval is
granted. •
Section 6. Subject Adjustment Property: Regarding the Subject Adjustment
Property, the legal description of which is attached to this ordinance as Exhibit C,
which is incorporated by reference in this ordinance, and subject to conditions 1 -6
stated on page 6 of the Hearing Examiner's Recommendation, the requested
administrative adjustment allowing lot coverage of 86% is granted.
Section 7. Class (3) and Administrative Adjustment Conditions: The Class (3)
approval and administrative adjustment of lot coverage granted by this ordinance
are expressly conditioned on the Owner's satisfaction of each and every condition
1 -6 stated on page 6 of the Hearing Examiner's Recommendation.
Section 8. The City Clerk is hereby authorized and directed to file a certified copy
of this ordinance with the Yakima County Auditor.
Section 9. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter, and this
action shall be final and conclusive unless within 21 days from the date this
ordinance is passed by the City Council an aggrieved party commences proceedings
for review pursuant to the provisions of Chapter 36.70C RCW.
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PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
2nd day of October, 2001.
—1 Z/ -./.Z
Mary Place, Mayor
ATTEST:
City Clerk
Publication Date: 10/5/01
Effective Date: 11/4/01
C:\ word \rezones \cacchiotti \ord.doc Last printed 10/03/01 11:18 AM
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RECEIVED
STATE OF WASHINGTON AUG2 ZU�
CITY OF YAKIMA
OFFICE OF HEARING EXAINER CITY OFY D I
Master Application by ) EXAMINER'S RECOMMENDATION
Dr. Lawrence Cacchiotti ) CITY NO. UAZO RZ #4 -01
UAZO CL (3) #5 -01
for a Rezone from R -2 to R -3; Class ) EC AZ #9 ADM. ADJ. #8 -01
3 Review of Professional Offices )
within the R -3 Zoning District; and )
Adjustment to Lot Coverage Standard ) EXAMINER NO. IU01 -2 -11
in the B -2 Zoning District at 1111
South 40 Avenue.
The Examiner conducted a public hearing on June 14, 2001.
The staff report presented by Senior Planner Bruce Benson
recommended approval. Planning Consultant Bill Hordan. and Dr.
Cacchior_- appeared on behalf of the proposal. There was no
oPposit'on The Examiner inspected the property prior tc the
hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval.
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:
FINDINGS
1. Applicant. Dr. Lawrence Cacchiotti, 3802 Tieton Drive,
Yakima, WA 98902.
2. Location. 1201 Ackerman Avenue, Yakima, WA.
EXAMINER'S RECOMMENDATION - 1
Dr. Lawrence Cacchiotti
Examiner No. IU01 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
•
Assessor's parcel numbers 181327 - 42401, 42417, and 42419.
3. Application. Master application combining a prc ec:
specific rezone from R -2, Two - Family Residential to R -3, Multi -
Family Residential; a Class (3) application to permit
professional offices to locate within the R -3 zoning district;
and an Administrative Adjustment of the lot coverage standards of
the B -2 zoning district together with environmental review.
4. Current Zonina and Use. The subject property consists
of three parcels, two of which are currently zoned R -2, Two -
family Residential; one is zoned B -2, Local Business..
Adjacent properties have the following characteristics:
Location Zoning Existing Land Use
North SCC /B -2 Commercial
East R -2 Residential
West R -2/R -2 Residential
South 13-2 /B -1 Commercial /Vacant
5. Proiect Description. Each of the three subject lots
contain a vacant house. All three houses appear to have been
vacant for some time. The B -2 zoned lot has direct access to S
40' Avenue and the two R -2 lots have access from Ackerman
Avenue, an unimproved dirt road that ends at the south boundary
of the proposed development.
The R -2 lots are east of the B -2 lots, and are the ones
which will be zoned to R -3, and then subject to Class 3 review to
allow offices on R -3 zoned ground.
Proposed is a phased development that, upon completion, will
include a 6,500 square foot dental office and a 2,736 square foot
office building together with 56 parking spaces.
6. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030.5 are considered below:
6.1 Testimony. All testimony was supportive of this
proposal. The Examiner indicated concern that Ackerman Lane, which
is basically a dirt alley east of the Attic Circle to Nob Hill
•
EXAMINER'S RECOMMENDATION - 2
Dr. Lawrence Cacchiotti
Examiner No. IU01 -2 -l1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248.0706
Blvd., is bad access. The lots need to be reconfigured or a
reciprocal access easement established which provides access for
the two easterly lots over the lot fronting 40 so that 40`
Avenue is the access for this project. Dr. Cacchiotti and Mr.
Hordan agreed to provide documentation. The documentation was
provided on July 18, 2001, and reviewed favorably, at the
Examiner'•s request, by Mr. Benson in his memo dated August 9.
6.2 Suitability of the Property. The property is well
suited for the range of uses proposed by the developer.
6.3 Agency Recommendations. No agencies are opposed
to this rezone.
6.4 Compliance with Comprehensive Plan and Zoning
Ordinance. This rezone is compatible with future land use map
III -3 and land use compatibility chart III -2 of the Comprehensive
Plan, and is also consistent with the zoning ordinance.
6.5 Adequacy of Public Facilities. This property is
currently served by all necessary public utilities. S. 40` -
Avenue, a principal arterial, provides street access. Transit
service is provided by Routes #5 (Nob Hill West) and #9 (South
1` Street /Airport).
The reciprocal access and parking agreement is attached to
this recommendation as Exhibit A. Mr. Benson's memorandum
reviewing the document is attached as Exhibit B. The proposed
document is satisfactory, subject to including actual legal
descriptions for the lots, pursuant to Mr. Benson's suggestion.
6.6 Compatibility. Considering the present condition
of the subject property this proposal will improve the current
land use situation. Commercial development already exists along
South 40` Avenue without causing any notable compatibility
problems. The placement of the proposed office buildings between
the street /parking area and residential neighborhood will help by
buffering the heavy traffic areas from the existing residential
uses.
EXAMINER'S RECOMMENDATION - 3
Dr. Lawrence Cacchiotti •
Examiner No. IU01 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
6.7 Public Need /Chance in Circumstance. Sgn
land use changes have occurred within this general area since the
subject property was zoned R -2. These changes support the
requested rezone from moderate density residential development tc
high- density residential /professional business development.
7. Class 3 Review. In addition to the rezone,
this master application requests Class 3 review, which is required
n order to allow professional offices to locate in the R -3 zone.
As set forth in the staff report, this proposal meets all of the
reau of the zoning ordinance and applicable development
standards.
7.1 Parking.
The proposed new buildings are 6,500 square feet and 2,736
square feet in floor area. The parking standard for professional
offices is one space for every 200 square feet of gross floor
area. Based upon this standard the larger structure will require
a total of 33 parking spaces and the smaller structure 14 spaces
for a total parking space requirement of 47 spaces. The site
plan indicates that in the first phase of construction 52 spaces
will be provided, with an additional 4 spaces at phase two
construction, for a total of 56 spaces at build out.
7.2 Sight Screening. Based upon existing land
uses and a strict application of the site screening standards of
Chapter 15.07, site screening standard "C" consisting of a six -
foot -high, view- obscuring fence and a ten - foot -wide landscape
strip is indicated for inclusion along the east boundary of the
property. The site plan indicates the existence of a six -foot
wooden fence along the east property line, which is satisfactory.
7.3 Setbacks. All building setbacks comply with
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zoning ordinance standards.
7.4 Signs. An undimensioned sign is indicated on
the site plan at less than 15 feet from the edge of the right -of-
way. Based upon the sign standards of the B -2 zoning district
EXAMINER'S RECOMMENDATION - 4
•
Dr. Lawrence Cacchiotti
Examiner No. IU01 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNT( OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
•
(509) 248 -0706
•
this sign can have a maximum sign face of 40 square feet and a
total height of 15 feet.
7.5 Lot Coverage. According to the site plan
Parcel A (B -2 zoning) has 86% lot coverage with 80% permitted,
Parcel B (northerly R -2 lot) is at 51% and Parcel C (southerly R-
2 lot) is at 52 %. When rezoned, 80% lot coverage will be
permitted in the R -3 zoning district.
8. Lot Coverage Adjustment. The permitted lot coverage
for both B -2 and R -3 zoning is 80 %. The lots which will be
rezoned R -3, from R -2, will meet the lot coverage standard. The
front lot on 40 currently zoned B -2, requires an adjustment to
allow 86% lot coverage.
As set forth in the staff report, the adjustment meets the
criteria of the zoning ordinance. Furthermore, overall coverage
of these three lots, which are to be developed as an integrated
project, will be well below 80 %. In other words, if these three
lots were merged into one parcel, no lot coverage adjustment would
be necessary.
9. Environmental Review. A Determination of Non-
significance has been issued and is now final. •
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
cf 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 and R -3 District; there are no
EXAMINER'S RECOMMENDATION - 5
Dr. Lawrence Cacchiotti
Examiner No. IU01 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
croblems with neighborhood compatibility; and a public need does
exist for the proposed change.
3. Al_ 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:
RECOMMENDATION
Approve this rezone application, from R -2 to R -3, subject to
execution and recording of Exhibit A, as modified to include
actual legal descriptions.
Approve this Class 3 application, with lot coverage
adjustment as requested, subject to the following conditions:
7 . That the plan of development, as represented by the
submitted general site plan, be substantially complied with.
2. An additional 10 feet of right -of -way be deeded to the
City from this property frontage to comply with the City's Title
12 Development Standards. This right -of -way should be deeded
prior to the issuance of any building permits.
3. That existing unused curb cuts be removed and replaced
with barrier curb and sidewalk built to matching existing
improvements.
4. That permits be obtained for building construction and
sign and that the proposed sign be installed in compliance with
the provisions of Chapter 15.08 of the zoning ordinance.
5. That an approved plan for dust control during site
preparation, construction, and landscaping phases be obtained
from the Yakima Regional Clean Air Authority.
6. An onsite hydrant will be required when buildings are
more than 150 feet from the street.
EXAMINER'S RECOMMENDATION - 6 •
Dr. Lawrence Cacchiotti
Examiner No. 1001 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
Respectfully submitted this 9 — d ay of August, 2001.
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 7
Dr. Lawrence Cacchiotti
Examiner No. I001 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX a
VAKIMA, WASHINGTON 98907
(509) 248.0706
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 3 C
For Meeting Of October 2, 2001
ITEM TITLE: Ordinance Adoption — Cacchiotti Rezone
SUBMITTED BY:I1William R. Cook, Director, Community & Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Senior Planner 575 -6042
SUMMARY EXPLANATION:
On September 18, 2001 the City Council voted to accept the Hearing Examiner's
recommendation to approve a rezone for property located at 1201 Ackerman Lane.
Attached for your action is the ordinance that will effect this rezone from R -2, Two -
Family Residential to R -3, Multi - Family Residential.
Resolution _ Ordinance X Contract Other (Specify)
Funding Source
• APPROVAL FOR SUBMITTAL:
City anager
STAFF RECOMMENDATION: Adopt Ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone
on August 21, 2001.
COUNCIL ACTION:
