HomeMy WebLinkAbout2001-053 Kamal F. Aboulhosn Rezone / N. 24th Ave. & W. LincolnORDINANCE NO. 2001- 53
AN ORDINANCE concerning land use and zoning, rezoning four parcels
(approximately 0.75 acres) in the vicinity of North 24th Avenue
and Lincoln from Two -Family Residential (R-2) to Professional
Business (B-1) subject to dedication of an additional ten feet of
right-of-way along the Lincoln Avenue and Powerhouse Road
frontages, and amending the Official Yakima Urban Area
Zoning Map accordingly.
WHEREAS, Dr. Kamal F. Aboulhosn, the Owner, has submitted a rezone application
dated May 14, 2001, requesting amendment of the Official Yakima Urban Area
Zoning Map to rezone four parcels (approximately 0.75 acres) in the vicinity of North
24th Avenue and Lincoln (Yakima County Assessor's Parcel #181323-12437, 12438,
12439 and 12440), referred to as "Subject Property," from Two -Family Residential
(R-2) to Professional Business (B-1); and
WHEREAS, on August 9, 2001, the City of Yakima Hearing Examiner conducted a
duly convened, open -record public hearing regarding the requested rezone (UAZO
RZ #3-01, EC #8-01), and after considering the record issued his Examiner's
Recommendation, Examiner No. IU01-2-19, dated August 21, 2001; and
WHEREAS, the Hearing Examiner recommended that, subject to one condition
stated on page 6 of the Hearing Examiner's Recommendation (the dedication of an
additional ten feet of right-of-way along the Lincoln Avenue and Powerhouse Road
frontages), the Subject Property should be rezoned from Two -Family Residential
(R-2) to Professional Business (B-1); and
WHEREAS, at a closed -record public hearing on September 18, 2001, the City
Council duly considered the requested rezone, 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
with respect to the requested rezone that:
1. The Subject Property is suitable to be classified Professional Business (B-1);
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;
Page 1
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, it is in the best interests of the City to adopt the Hearing Examiner's
findings and conclusions and recommendation to approve the requested rezone,
subject to the dedication of an additional ten feet of right-of-way along the Lincoln
Avenue and Powerhouse Road frontages; 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. IU01-2-19, dated August 21, 2001, and
incorporates that Hearing Examiner's Recommendation by reference as part of this
Ordinance.
Section 2. Subject Property: Regarding the Subject Property, which is legally
described as:
LOTS 20, 21, 22 & 23, HILL SUBDIVISION, RECORDED IN VOLUME
"M" OF PLATS, PAGE 21, RECORDS OF YAKIMA COUNTY,
WASHINGTON.
Yakima County Assessor's Tax Parcel #181323-12437, 12438, 12439 and
12440.
the City Council finds formally that, for the uses described by the Applicant, and
subject to the dedication of an additional ten feet of right-of-way along the Lincoln
Avenue and Powerhouse Road frontages:
1. The Subject Property is suitable to be classified Professional Business (B-1);
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 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.
Page 2
Section 3. Amendment of Official Yakima Urban Area Zoning Map: The Official
Yakima Urban Area Zoning Map shall be amended to rezone the Subject Property
from Two -Family Residential (R-2) to Professional Business (B-1).
Section 4. General Conditions: The rezone granted by this ordinance is expressly
conditioned on the Owner's satisfaction of the condition stated on page 6 of the
Hearing Examiner's Recommendation (the dedication of an additional ten feet of
right-of-way along the Lincoln Avenue and Powerhouse Road frontages).
Section 5. The City Clerk is hereby authorized and directed to file a certified copy
of this ordinance with the Yakima County Auditor.
Section 6. 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.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 2nd day of October, 2001.
ATTEST:
City Clerk
Publication Date: 10-5-01
Effective Date: 11-4-01
Page 3
Mary Place, Mayor
STATE OF WASHINGTON
CITY OF YAKIMA
OFFICE OF HEARING EXAMINER
Rezone Application by ) EXAMINER'S RECOMMENDATION
Dr. Kamal Aboulhosn ) City No: RZ #3-01
for a Rezone from R-2 to ) EC #8-01
B-1 at N. 24th and Lincoln)
Avenue ) Examiner No. IU01-2-19
RECEIVED
uiUL 2 1 200'
CITY OF YAKIMA
PLANNING DIV.
The Examiner conducted a public hearing on August 9, 2001.
The staff report presented by Senior Planner Bruce Benson
recommended approval. There was no opposition. The Examiner
__ ceded :he property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval
of the rezone. The only issue is whether additional right of wav
should be reouired along Lincoln Avenue at this time, or at the
=m=. of development. The Examiner recommends dedication at this
-_..e, bieto the small parcel involved and the desirability of
knowina the permissible development area prior to resale
de e_ pment of these four lots.
or
From the view of the site, the matters contained in the
„_-ca1 record, including the staff report, a review of both the
Yak'ma .;span 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. Kamal F. Aboulhosn.
2. Location. Northeast corner of the intersection_ of N. 24"'�F
EXAMINER'S RECOMMENDATION - 1
Dr. Kamal Aboulhosn
Examiner No. IU01-2-19
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
Avenue and _ince-n Avenue. Assessor's parcel nu__be_..
, -2438, 12439, 12440.
3. Application. Non -project spA--- rezone to B-1,
Professional Business.
4. Current Zonina and Use. The subject -open_
of four parcels of land currently zoned R-2, Two -la_..__"
?esidcrt—al. Combined size of all parcels is approximately -res
rua_te__ of an acre. All lots at this time are vacant.
Adiacent pr"opert,es have the following characteristics:
Locat-cn
North
East
Vries_
South
5. Project Description.
Zonina
R-1
SCC
R-2
R-1
Existing Land 'Jse
Residential
Commercial
Residential
Residential
Dr. Aboulhosn owns these four
_cels as well as additional vacant parcels to the north, which
wl remain zoned R-2.
The four parcels which are the subject of this rezone
recently had their designation changed under the
__ens_ve plan from Residential to Neighborhood Commercial.
-"_- redesignation was at the request of the landowner, and has
been approved by the Planning Commission and City Council. This
rezone to B-1 is consistent with the new comprehensive plan
designation, and will allow appropriate
rather than residential.
These lots have been
vacant
commercial development
for years, which is strong
evidence that the property has been difficult to develop under its
existing zoning.
6. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030.5 are considered below:
6.1 Testimony. Mr. Hordan made a valiant effort to
persuade the Examiner not to require dedication of richt of way at
EXAMINER'S RECOMMENDATION - 2
Dr. Kamal Aboulhosn
Examiner No. IU01-2-19
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
)509) 248-0706
t__ -s time - He noted that there is nc impact now from the re=c__e .
The impact will come from development, which is the appropriate
tire, in his view tc require dedication under Title 12. He also
noted that the staff report did not recommend dedicating
of way at this time.
6.2 Suitability of the Property. The property is well
suited for the range of uses permitted within the B-1 zoninc
6.3 Agency Recommendations. No agencies are cpccsei
to this rezone.
6.4 Compliance with Comprehensive Plan and Zoning
Ordinance. This rezone is compatible with future land use map
__T and -__d use compatibility chart 1:1-2 of the Comprehensive
The map indicates future land use for the subject property
as Neighborhood Commercial, a designation that includes B-1,
Local Business zoning, within its range of acpropriate zoning
classifications.
6.5 Adequacy of Public Facilities. All required
n'h-t-_ities; sewer, water, streetlights, and fire hydrants
provided. This property has frontage along Lincoln
Avenue, Powerhouse Road and N. 23rd Avenue with N 23rd Avenue
providing the safest frontage for site ingress
Routes Nos. 1 and 8 provide transit service.
6.5.1 Right of Way Dedication.
and
egress.
Bus
During the
Design Services Team review Of this project, the Engineering
vision .noted that Lincoln Avenue currently has 60 feet of right
of way, although the development standards in Title 12 define the
street classification as 80 feet of right of way. Similarly,
Powerhouse Road is classified as a collector arterial. The
existing right of way is 60 feet wide, but the classification
requires an 80 foot right of way. Engineering recommends that 10
feet of right of way be dedicated along both Lincoln and
EXAMINER'S RECOMMENDATION - 3
Dr. Kamal Aboulhosn
Examiner No. IU01-2-19
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
Powerhouse, in order to bring those streets into ctmplian: e w=tn
current right of way specifications (See Kevi.. Callows' memorandu_..
a-_.. "!ay 29, 2001, Document Index 416). Along the same lines,
Traffic Engineering recommended installation of sidewalk and noted
T_he difficulty of designing driveway access given the intersection
cf Powerhouse with Lincoln and 24t... (Joan Davenport memo
�__ 6, 2001, Document Index 421). __.._e 12 development standards
are relatively recently adopted, and have recent_-- been amended.
They are c y a work in progress, which is why the City
Enaineer has significant discretion to determine when no impose
these recuirements.
:hese four parcels constitute only about three -Quarters acre.
:a__.u_ cons- tual site plans submitted by ?fir. Hordan show how the
propert_ m ;' be develoced. In all likelihood, the four lots will
pe
developed as one project. However, at this point, there is no
that
These lets could be sold off and developed individually, at
which point it would be far more difficult, both Dol, =' 1'v and
__ct_ca, no require additional light of way on a piece -meal
basis. This is the one time, while all parcels are under
contiguous ownership, that the right of way re""'rmer-_ for these
two streets can be taken care cf. There is no reason to require
installation of physical improvements, such as sidewalk, until
these properties are in fact developed. It does appear, however,
-ha- this is the simplest and most practical time to require
dei=:at_cn of right of way.
This is clearly a policy matter for Council consideration.
Notwithstanding the validity of Mr. Hcrdan's arguments, this
Examiner indicated to him that since it is clearly a policy issue,
the Council should have the privilege (burden?) of dealing with
the issue.
EXAMINER'S RECOMMENDATION - 4
Dr. Kamal'Aboulhosn
Examiner No. IU01-2-19
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248.0706
6.6 Compatibility. As a non- ect -
coT.Dat_b5lits between uses cannot be determined at this _me.
Should this application_ be approved, all Class ;'_L per..,_tted 1___
uses of the r`-_ Zoning district would be permitted a: ____
—„cation. At the time of development add_tiona_ review 6-o be
—eeuired to assure compliance with the Zoning standards
in Chacter '5, YMC; building codes, set forth in Chatter _' ,.;
an- development Standards, set forth in Chapter 12 YMC; a:'v
ue-,cc:-:ene exceeding the environmental thresholds set forth
Chapter 6.88 YMC would be required to undergo environmental
review.
6.7 Public Need (Change in Circumstance).
i= can_ land use changes have occurred within this
genera_ area since the subject property was zoned R-2. The most
="a7'''-=-- of these changes occurred in 2000 with the future
_an
use maps redesignation of this property from medium density
residential to professional office.
7. Environmental Review. A Determination
significance has been issued and is new final.
8. Public Notice.
Non -
notice of the hearing was
-..c... n accordance with the ordinance.
"nom the foregoing Findings, the Examiner makes the
f of lowinu :
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 E-1 Zoning District; there are no
EXAMINER'S RECOMMENDATION - 5
Dr. Kamal Aboulhosn
Examiner No. IU01-2-19
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
_ icno% 7,FLn7nA ._
problems with neighborhood compatibility; and a pubic need does
exist for the proposed change.
3. 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 fcllow_nc:
RECOMMENDATION
Approve this rezone application, from R-2 to B-1, subject to
the following condition:
A. Dedication of an additional 10 feet of richt"cf way-
aloha the Lincoln and Powerhouse frontages.
Respectfully submitted this
EXAMIN'ER'S RECOMMENDATION - 6
Dr. Kamal Aboulhosn
Examiner No. IU01-2-19
day of August, 2001.
A
A
n
LAMB -t-..,-�
PHILIP A. LAMB
Hearing Examiner
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. '` 3
For Meeting Of October 2, 2001
ITEM TITLE: Ordi
��n
ance Adoption — Aboulhosn Rezone
SUBMITTED BY:EtAitfam 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 the northeast corner of the
intersection of N 24`" Avenue and Lincoln Avenue. Attached for your action is the
ordinance that will effect this rezone from R-2, Two -Family Residential to B-1,
Professional Business.
Resolution Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: _
CityManager
STAFF RECOMMENDATION: Adopt Ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone
on August 22, 2001.
COUNCIL ACTION: