HomeMy WebLinkAbout1999-004 Land use and zoning / u
it
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ORDINANCE NO. 99- 0 4
AN ORDINANCE concerning land use and zoning, and subject to certain
conditions, rezoning approximately 13.5 acres consisting of
two parcels located south of Nob Hill Boulevard and west of
48th Avenue from Suburban Residential (SR) to Multi - Family
Residential (R -3), and amending the zoning map of the
Yakima Urban Area accordingly.
WHEREAS, Hordan Planning Ser on behalf of Richard and Rita Hochrein and
Kenneth and Barbara Keller (hereafter referred to collectively as the "Applicant "),
has, by application filed under Department of Community and Economic
Development file UAZO RZ #6 -98, requested amendment of the Official Yakima
Urban Area Zoning Map to rezone two parcels of land south of Nob Hill Boulevard
and west of 48th Avenue (Yakima County Assessor's Parcel #181328 -41402
(Hochrein) and #181328-41415 (Keller)) in Yakima, Washington (referred to below
collectively as "the Subject Property") from Suburban Residential (SR) to Multi-
Family Residential (R -3); and
WHEREAS, on August 13,1998, the City of Yakima Hearing Examiner conducted .a
duly convened open record public hearing regarding the requested rezone, and after
considering the contents of the file and evidence received at the public hearing,
issued his Examiner's Recommendation, Examiner No. 1U98-2-24, dated August 31,
1998; and
WHEREAS, the Hearing Examiner recommended approval of the requested rezone
subject to a condition stated on page 11 of his Recommendation; and
WHEREAS, the City Council considered the requested rezone and the Hearing
Examiner's Recommendation at its regular public meeting on November 17, 1998;
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: 1) transfer by the Applicant to the City of (a) a 50 foot wide .
corridor from the Hochrein parcel (Yakima County Assessor's Tax Parcel # 181328-
41402) to South 48th Avenue, and (b) a 50 foot wide corridor from the Keller parcel
(Yakima County Assessor's Tax Parcel #181328 - 41415) to Nob Hill Boulevard, all for
streets which shall be established and constructed by the Applicant in conformance
with City standards and specifications as determined by the City Engineer, and 2) a
height restriction of 35 feet within 50 feet of the south property line of the Keller
parcel:
HOCHREIN AND KELLER REZONE (UAZO RZ #6-98) Page 1 of 4
1. The Subject Property is suitable for uses permitted in the Multi- Family
Residential (R -3) zoning district
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing 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; and
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 and to approve the requested rezone
subject to: 1) transfer by the Applicant to the City of (a) a 50 foot wide corridor from
the Hochrein parcel (Yakima County Assessor's Tax Parcel # 181328 - 41402) to South
48th Avenue, and (b) a 50 foot wide corridor from the Keller parcel (Yakima County
Assessor's Tax Parcel #181328 - 41415) to Nob Hill Boulevard, all for streets which
shall be established and constructed by the Applicant in conformance with City
standards and specifications as determined by the City Engineer, and 2) a height
restriction of 35 feet within 50 feet of the south property line of the Hochrein parcel;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference the
findings, conclusions and recommendations of the Hearing Examiner's
Recommendation, Examiner No. IU98 -2 -24, City No. UAZO RZ #6 -98, issued
August 31, 1998.
Section 2. Subject to the conditions stated in Sections 4 and 5 below, the City
Council finds formally that
1. The Subject Property described below is suitable for uses permitted in the
Multi- Family Residential (R -3) zoning district
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing 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;
HOCHREIN AND KELLER REZONE (UAZO RZ #6-98) Page 2 of 4 IP
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c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 3. The Subject Property legally described as:
Yakima County Assessor's Tax Parcel # 181328 -41402 (Hochrein):
That part of Lot 23, Yakima Valley Orchard Tracts, recorded in Volume "A" of
Plats, page 75, records of Yakima County, Washington, lying South of and East
of the Yakima Valley Transportation Company right of way,
EXCEPT that triangular tract in the Southwest corner of said lot lying South of
a line described as follows:
Beginning at a point in the division line between Lots 22 and 23 of said plat at
a point 151.75 feet Northerly from the center of Wide Hollow Creek as
measured along the division line between said Lots 22 and 23; thence South
72 °49'35" East to a stake in the South line of Lot 23 which is 163.19 feet Easterly
of the Southwest corner of said Lot 23, and the terminus of said described line.
Yakima County Assessor's Tax Parcel #181328 -41415 (Keller):
That part of Lot 23, Yakima Valley Orchard Tracts, Recorded in Volume A of
Plats, Page 75, Records of Yakima County, Washington, lying Northerly of the
Yakima Valley Transportation Company right -of -way.
EXCEPT Short Plat recorded under Auditor's File No.: 7022722, Records of
• Yakima County, Washington.
AND
The West 30 feet of Lot 3 of Short Plat recorded under Auditor's File No.:
7022722, Records of Yakima County, Washington.
is rezoned from Suburban Residential (SR) to Multi- Family Residential (R -3), and the
Official Yakima Urban Area Zoning Map within the City of Yakima is amended
accordingly.
Section 4. Conditions Precedent The rezone of the Subject Property provided
herein shall not become effective unless and until the Applicant (a) provides a 50
foot wide easement for public right of way from the Hochrein parcel (Yakima
County Assessor's Tax Parcel # 181328- 41402) to South 48th Avenue or Nob Hill
Boulevard, and (b) provides a 50 foot wide easement for public right of way from
the Keller parcel (Yakima County Assessor's Tax Parcel #181328 - 41415) to Nob Hill
Boulevard; all for public streets which shall be constructed by the Applicant at the
time of development according to City standards and specifications as determined
by and subject to the approval of the City Engineer.
Section 5. General Condition: The rezone of the Subject Property provided herein
is subject to a general condition that no structure shall exceed a height of 35 feet
within 50 feet of the south property line of the Hochrein parcel (Yakima County
Assessor's Tax Parcel # 181328 - 41402).
• HOCHRE1N AND KELLER REZONE (UAZO RZ #6 -98) Page 3 of 4
Section 6. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
Section 7. Subject to the foregoing provisions and conditions, 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 CTi'Y COUNCIL, at a regular meeting and signed and approved
this go -Pda of, (A- 1999.
-
John Puccinelli, Mayor
ATTEST:
�j cth e .,c c
City Clerk
Publication Date: -5 / 9
Effective Date: 3
-79 .
C: \word \rezones \hochrein keller \ord rev'd2.doc (1/28/99 10:12 AM)
HOCHREIN AND KELLER REZONE (UAZO RZ #6-98) Page 4 of 4 le
VED
AUG 3 1 1998
City OF YA KIMA
PLANNING D IV.
Rezone Application by ) EXAMINER'S RECOMMENDATION
Mr. & Mrs. Richard Hochrein ) City No. UAZO Rezone #6 -98
and Mr. & Mrs. Kenneth Keller,)
from SR to R -3, Concerning ) Examiner No. IU98 -2 -24
13.5 Acres Near )
5100 W. Nob Hill Blvd. )
The Examiner conducted a public hearing on August 13, 1998.
The staff report presented byl Joan Davenport recommended approval .
subject to a condition concerning access. Planning Consultant
Bill Hordan appeared with applicants Rich Hochrein and Ken Keller.
Adjacent developers Ron Knight and Ron Coleman spoke concerning
the need for good access. Residential neighbors to the south
spoke individually and as me of the Randall Park Homeowners
Association. They are concerned about access, development
density, and appropriate buffers. Many are opposed to the rezone
without a specific project to evaluate. The Examiner inspected
the property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval
of the rezone, subject to requiring a 50 foot access to 48`
Avenue for the Hochrein property.
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:
EXAMINER'S RECOMMENDATION 1
Hochrein and Keller
HE #IU98 -2 -24 °*
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAKIMA. WASHINGTON 98907
15091248-0706
FINDINGS
1. Applicants. The applicant is Hordan Planning Services,
on behalf of Richard and Rita Hochrein and Kenneth and Barbara
Keller.
2. Location. This property is located south of Nob Hill
Blvd., and west of 48 Avenue. The Keller parcel, APN 181328-
41415, is the orchard located south of the new assisted living
facility at 5100 Nob Hill (Blossom House).
The Hochrein parcel, APN 181328 - 41402, is the open parcel
located west of 48 west of the Almon parcel and south and east
of the Keller orchard.
The legal descriptions are attached to the application and
incorporated by reference.
3. Application. Rezone.
4. Proposed Zone. Multi - Family Residential (R -3).
5. Proposed Use. Unknown.
6. Current Zoning and Use. The site is zoned Suburban
Residential (SR). Adjoining properties have the following
characteristics:
Location Zoning Land Use
South of property SR Residential
North of property R -3 Assisted Living Center
East SR Vacant land
West SR Orchard
The property to the east is owned by Bill and Joanne Almon,
and contains their residence. The Regional Planning Commission is
considering designating this parcel commercial as part of pending
comprehensive plan amendments. If approved, that parcel,
currently zoned SR, may become zoned B -1.
EXAMINER'S RECOMMENDATION - 2
Hochrein and Keller
HE #IU98 -2 -24
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
•
7. Project Description. The Keller parcel, about 8.5
acres, is located north of the Yakima Valley Transportation
Company (YVTC) right of way. The Hochrein parcel, about 4.98
acres, is located south of the right of way. Total acreage is
about 13.5 acres. The Keller parcel has a 50 foot deeded strip
out to Nob Hill Blvd., at the west edge of the property. The
Hochrein property has an existing 30 foot access easement at the
south end, traversing the Almon property to 48 Avenue. The
existing orchard road, visible by inspection and located in the
middle of the Almon property, is apparently not the location of
the legal access.
This area was annexed into the City of Yakima on May 1,
1991. About one half of the the subject property is an orchard
and has been for many years. The other half is currently vacant.
The Yakima Valley Transportation Company, referred to as the
"trolley" once operated a rail line which bisected this
property. In 1987 the Superior Court of Washington issued a
summary judgment which returned some lands to the Congdon Orchard
(previous owner) of this subject land, while retaining City
ownership of the remaining trolley corridor. It appears that the
City of Yakima retains ownership of the corridor through this
property.
Since no development is planned at this time, the specifics
of the City ownership of this land are not under review. In other
development sites, the City corridor has been treated like an
alley, with no construction allowed over the top of the corridor.
The site has been zoned SR since 1986. The SR zone is
intended for low density residential development and other low
density land uses, such as orchards. If utilities become
available, the land may be upgraded to a more intense zoning
district.
EXAMINER'S RECOMMENDATION - 3
Hochrein and Keller
HE #IU98 -2 -24 *
HEARING EXAMINER
• FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
In this vicinity, Nob Hill Boulevard is a principal arterial
of four lanes which carries approximately 11,000 average daily
vehicle trips (two directional). A sidewalk was installed along
the frontage of the recently constructed assisted living center.
South 48th Avenue is a collector arterial with 3050 vehicle trips
and is a two lane road with no curbing or sidewalk.
Both Nob Hill and 48 operate at level of service A. It is
highly doubtful that any development proposed for these parcels
will adversely affect the level of service.
The applicants intend to rezone this 13.5 acre site now, and
develop it later as multi - family residential. There are no
specific details on future development.
8. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YMC 15.23.030.(5) are considered below:
.8.1 Testimony. The applicants generally agree with
the staff report and recommendation. They have some questions as
to the timing of improving access to the site, but believe that
can be worked out in the context of the specific project.
Since the submittal of the application, the Kellers have
obtained from Messrs. Knight and Coleman the remaining right of
way out to Nob Hill, so they now have a 50 foot strip of deeded
land.
Mr. Knight and Mr. Coleman reminded this Examiner that when
they obtained the rezone of their property (the old Mabel McMillan
place), that we required a building setback to preserve
development of future access to the Keller property. They are not
opposed to the rezone, but believe that access issues are
important, that developers should be treated similarly, and that
we should continue to be focused on maintaining a street grid.
Dennis Klingele, Bob Firman, and John Haddix as President of
the Randall Park Homeowners Association all spoke in opposition,
or with significant concerns. Mr. Klingele owns his house and a
EXAMINER'S RECOMMENDATION - 4
Hochrein and Keller
HE #IU98 -2 -24
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
duplex adjacent to the house on West Viola, at the cul de sac. He
' borders this property as well as Congdon Orchards. He believes
that it is premature to rezone this property, without a project to
review. Without a project it is impossible to determine the
effect this will have on the ambiance of the Randall Park
neighborhood, which is an upper scale mixed residential
development, with both high quality duplexes and single family
houses. He is concerned that high density multi - family housing
will be placed directly against his backyards, with inadequate
buffers, and too much traffic, particularly if the Hochrein
property only has a 30 foot access easement across the Almon
property. He also expresses concern that no one knows how the
YVTC corridor bisecting the two parcels may be developed or
utilized by the city in the future.
Bob Firman echoed these concerns. John Haddix reviewed the
history of the Randall Park development. It was originally
approved by the county as a planned unit development with mixed
residential use. In 1986, with adoption of the Urban Area Zoning
Ordinance and the deletion of planned unit developments as a zone,
the area was designated R -2. However, it has a homeowners
association which is responsible for maintaining a neighborhood
swimming pool and tennis .court. He cites the Randall Park
development as a good example of what can work, resulting in an
upper scale mixed residential neighborhood. The lack of adequate
access, and the potential for an inadequate street on the north
line of the Randall Park development causes him great concern.
Both Mr. Hordan and Mr. Hochrein reviewed the need for
additional R -3 zoned property, particularly on the west side.
There is very little available property. Notwithstanding the
recent significant increase in the number of rental units in the
urban area, Mr. Hochrein indicated that he currently manages 140
rental units, and has only a 3% vacancy rate, which is very low
EXAMINER'S RECOMMENDATION - 5
Hochrein and Keller
HE #IU98 -2 -24 ea
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
compared to the local industry average. He cites continuing
demand for upper scale rental units.
Mr. Hochrein also indicated that he would prefer his access
to be further north, but has not at this point attempted to deal
with Almons to relocate it. He anticipates that if the Almon
property is zoned B -1, future development of that property will
probably tie into future development of his property, and that the
access will be relocated to their mutual advantage. Both Mr.
Hochrein and Mr. Hordan believe that they can build a standard
city street, 24 feet wide, within the 30 foot easement, although
it will be close, dealing with utilities, and sidewalks.
Mr. Hordan pointed out that in addition to the market forces
which drive this application, that one of the changes which has
occurred in the area is installation of a traffic signal at 48
and Nob Hill, and approximately two years ago, the traffic signal
at 64 and Nob Hill. The area is now in a much better situation
to accommodate increased traffic. Developers also point out that
zoning and subdivision standards, as well as environmental review,
will govern any future development.
8.2 Suitability of the Property. Multi- family
residential zoning may accommodate greater than 12 housing units
per acre. Development plans often utilize up to 25% of the land
area for utilities and interior streets. A reasonable estimate of
the number of housing units which may be accommodated on the
subject rezone site is 122 units. Housing units average 7 to
10 one way trips, yielding a range of 854 to 1200 total vehicle
trips generated from this proposed rezone site.
The subject property has access to two arterial streets.
Site access will not pass through a low density neighborhood and
currently the property east and west of the site is vacant.
However, due to the size of the parcel and the number of
•
EXAMINER'S RECOMMENDATION - 6
Hochrein and Keller
HE #IU98 -2 -24 *
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
potential housing units which may be located on the site, at
least two access points are necessary.
Subject to compatibility and traffic access issues, this
property is well suited for high density residential use.
8.3 Agency Recommendations. All agencies and city
departments indicate that public services are available to the
site and that this rezone will not create any infrastructure
difficulties. The Planning Division recommends approval, subject°
to an MDNS requirement concerning access, dealt with below.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance." This proposal is consistent with both the 1981 and the
1997 Urban Area Comprehensive Plans. The 1981 plan encourages
development in areas where public services are economically
available, where projects are compatible with existing uses, and
also notes that land use controls should be responsive to rather
than directed by market demand.
The 1997 comprehensive plan acknowledges the need for
additional R -3 property, particularly on the west side, and the
need to provide all types of housing for local citizens. However,
the future land use map, adopted by the City of Yakima April 1,
1997, designates this area as low density residential. The text
in connection with the map indicates that the map is to be used as
a guide, keeping in mind all of the objectives of the
comprehensive plan.
As a practical matter, these parcels are large enough that
they can provide meaningful R -3 acreage in west Yakima. The land
area involved also suggests that during project review adequate
buffers can be built in, such as building setbacks or height
limitations, to avoid adverse impacts on the Randall park
• neighborhood to the south.
In respect to the Urban Area Zoning Ordinance, there is no
height limitation or dwelling unit limitation for R -3. As
EXAMINER'S RECOMMENDATION - 7
Hochrein and Keller a b.
HE #IU98 -2 -24
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
indicated above, this property conceivably can accommodate 122
units, although that is only an estimate. One of the driving
factors in our land use ordinances requires consideration of
compatibility. Obviously a five story apartment building
immediately adjacent to the Randall Park neighborhood raises
compatibility concerns. Those concerns are legitimate, but can be
dealt with through project review.
One of the advantages of regulatory reform, required by state
law, is that advance notices go out on many more applications
than formerly. Now notices will be sent out of completed
applications, with an opportunity to comment during environmental
review under the State Environmental Policy Act. Furthermore,
adjacent properties will have an opportunity to participate, not
only by written comments, but also by pursuing a SEPA appeal.
Formerly, many projects which did not otherwise require public
hearing did not require any type of notice to adjacent property
owners. Adoption of a regulatory reform ordinance by the City,
which is mandated by state law, will remedy this concern.
8.5 Adequacy of Public Facilities. The site is served
by Nob Hill water and city sewer, and all other public utilities.
Fire flow adequacy will be dealt with during project review, but
will require a looped public line extension around structures.
The major issue is traffic access. The City issued a
Mitigated Determination of Nonsignificance which requires that two
24 foot wide private access drives, with sidewalk on one side,
shall be required into the subject property prior to issuance of
any building permit.
This mitigation measure is designed to insure that adequate
public access is available to both parcels, from both Nob Hill
Blvd. and 48 Avenue.
The mitigation measure contemplates utilization of the
existing 50 foot wide strip out to Nob Hill, as well as the 30
EXAMINER'S RECOMMENDATION - 8
Hochrein and Keller
HE #IU98 -2 -24 -
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE SOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
foot access easement across the Almon property to 48
However, based upon both the evidence and existing City
standards, the existing mitigation measure is inadequate. The
City standard street specification requires 50 feet of right of
way for a two lane street. Within that right of way is located
not only a two lane street, typically 24 feet wide, but also curb
and gutter on both sides, sidewalk on at least one side,
streetlights, as well as public utilities. Furthermore, the
additional right of way width helps accommodate a left turn lane
when necessary to access arterials. Depending upon the intensity
of the proposed development, left turn lanes may well be necessary
to both Nob Hill and 48
There is a tendency to consider these two parcels as one.
However, they are. two separate parcels, each with separate access.
Neither property is apparently required to provide access to the
opposing street. Although these parcels may well be'developed
together, there is no certainty of that. Accordingly, both
parcels must have independent sufficient access to public streets.
Whether that access is a private street or a public street, or
located in a public right of way or a private access easement, is
of little concern, so long as the access meets standard City
construction specifications.
Requiring a 50 foot wide access easement or dedicated right
of way for the Hochrein property is the minimum necessary to
assure that at some future date adequate streets can be built to
service any proposed development.
It is unnecessary to specify now when the actual streets have
to be built, since that will be determined by the type and
intensity, and the phasing, of any projects approved for these
parcels.
8.6 Compatibility., Compatibility has been addressed
continuously throughout this recommendation. Although it would be
EXAMINER'S RECOMMENDATION - 9
and Keller �
HE #IU98 -2 -24
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
nice to have a project to review, it is completely appropriate to
. rezone this property R -3 now, subject to dealing with the access
issue addressed above. Project review, including environmental
review, with the associated notice to neighbors, will be able to
deal with and alleviate, any compatibility concerns. In a
similar project undergoing review at Yakima County, Mr. Hochrein,
developing an R -3 project next to an R -1 neighborhood, imposed
building setback and building height limitations which will have
the effect of making the R -3 project visually similar, along the
R -1 boundary, to the adjacent single family housing. These sorts
of limitations can be imposed in the future during project review.
8.7 Public Need. As reflected above, both the public
need for additional R -3 ground, and changes of circumstance
concerning this area, have been established by the developer.
9. Environmental Review. As indicated above, a Mitigated
Determination of Non - significance was issued by the City, and is
modified as set forth above.
10. Public Notice. Notice of this public hearing was
given in the following manner.
Legal Ad published July 31, 1998
Property posted July 23, 1998
Parties of Record notices mailed July 31, 1998
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
of the Yakima Urban Area Comprehensive Plan and to the intent of
EXAMINER'S RECOMMENDATION - 10
Hochrein and Keller
HE #IU98 -2 -24
HEARING EXAMINER
FOR THE
CITY AND COUNTY' OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
M09/248-0706
the Yakima Urban Area Zoning Ordinance; the property is suitable
for uses permitted in the R -3 District; any problems with
neighborhood compatibility can be resolved; and a public 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 following:
RECOMMENDATION
Approve this rezone application, for two parcels, from SR to
R -3, subject to the following condition, which shall be imposed
upon the Hochrein parcel only, as a condition precedent to the
Hochrein rezone:
A. A 50 foot wide access easement or dedicated right of
way shall be created and recorded prior to execution of the rezone
legislation by the City Council.
Respectfully submitted this 731 day of August 1998.
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 11
Hochrein and Keller
HE #IU98 -2 -24 d�
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 p
Item No. 1
For Meeting Of February 2, 1999
ITEM TITLE: Consideration of an Ordinance for Approval With Conditions of
Rezone Application from Hochrein and Keller for 13.5 acres in the vicinity of 5100
West Nob Hill Boulevard to change the zoning designation from SR, Suburban
Residential to R -3, Multi- Family Residential.
SUBMITTED BY: William R. Cook, Director of Community and Economic
Development
CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Associate
Planner (575 -6164)
SUMMARY EXPLANATION:
S The City Council considered a first draft of this rezone ordinance on January 5,
1999. The applicant requested a continuance to review the conditions precedent. At
the January 5, 1999 Council meeting, the applicant requested clarification from the
Council regarding timing of street construction for new interior streets and the
specific requirement for location of the second public street connection. This
ordinance clarifies the timing of street improvements and provides the flexibility
requested by the applicant for the second public street connection to be either to
Nob Hill Boulevard or uth 48 Avenue. On November 17, 1998 the Yakima City
Council conducted pubic meeting and approved the request subject to conditions.
Resolution(s) Ordinance X Contract
Other Funding Source: none necessary
APPROVAL FOR SUBMITTAL: \ \
City Manager
STAFF RECOMMENDATION: Approve Ordinance
BOARD RECOMMENDATION:
• COUNCIL ACTION: