HomeMy WebLinkAbout1998-026 Rezone ORDINANCE NO. 98- 26
AN ORDINANCE concerning land use and zoning, rezoning one parcel in
the vicinity of 1107 Cornell Avenue from Two- Family
Residential (R -2) to Local Business (B -2) and amending
the zoning map of the Yakima Urban Area accordingly;
and granting Class 2 approval for continued use of the
parcel for parking and outdoor storage.
WHEREAS, James Tweedy (hereafter referred to as the "Applicant") has, by
application filed under Department of Community and Economic
Development file UAZO RZ #3 -98 and CL(2) # 14 -98, requested amendment
of the Official Yakima Urban Area Zoning Map to rezone one parcel of land at
1107 Cornell Avenue in Yakima, Washington (Yakima County Assessor's
Parcel # 181325- 41519) (referred to below as "the Subject Property") from
Two- Family Residential (R -2) to Local Business (B -2) together with
application for Class 2 approval as required in the B -2 District for continued
use of the parcel for parking and outdoor storage; and
WHEREAS, on April 23, 1998, the City of Yakima Hearing Examiner
conducted a duly convened open record public hearing regarding the
requested rezone and associated Class 2 approval, and after considering the
contents of the file and evidence received at the public hearing, issued his
Examiner's Recommendation, Examiner No. IU98 -2 -11, dated May 4, 1998;
and
WHEREAS, the Hearing Examiner recommended approval of the requested
rezone and associated Class 2 approval subject to the condition that the
Subject Property be merged with the parcel fronting Nob Hill Boulevard in
order to discourage a primary commercial entrance to a new business zoned
lot on Cornell; and
WHEREAS, on June 2, 1998, the City Council duly conducted a closed
record public hearing to consider the requested rezone and associated
Class 2 approval and the Hearing Examiner's Recommendation; and
WHEREAS, after considering the contents of the file and the statements of
interested persons and the Hearing Examiner's Recommendation, the City
Council finds with respect to the requested rezone and Class 2 approval that:
1. The Subject Property is suitable for uses permitted in the Local Business
(B -2) zoning district;
2. There exists a public need for the requested rezone;
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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 and its people to adopt the
Hearing Examiner's findings and conclusions and recommendation and to
approve the requested rezone subject to the condition recommended by the
Hearing Examiner and to grant the requested Class 2 approval; now,
therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKINIA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference
the findings and conclusions and recommendations of the Hearing
Examiner's Recommendation, Examiner No IU98 -2 -11, City Nos. UAZO
RZ #3 -98 and CL(2) #14-98, issued May 4, 1998.
Section 2. The Official Yakima Urban Area Zoning Map within the City of
Yakima is amended to rezone the Subject Property from Two - Family
Residential (R -2) to Local Business (B -2) in the vicinity of 1107 Cornell
Avenue in Yakima, Washington, and legally described as:
Lenox Ave. Addition Lot 6 Block 2.
Section 3. Subject to the condition stated in Section 5 below, the City
Council finds formally that:
1. The above - described Subject Property is suitable for uses permitted in the
Local Business (B -2) 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;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 4. Subject to the condition stated in Section 5 below, the requested
rezone is granted and the Official Yakima Urban Area Zoning Map within
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the City of Yakima is amended accordingly to rezone the Subject Property
from Two- Family Residential (R -2) to Local Business (B -2).
Section 5. Conditions: The rezone provided herein is expressly
conditioned on concurrent or prior merging of the Subject Property with
the parcel fronting Nob Hill Boulevard.
Section 6. The requested Class 2 approval is granted.
Section 7. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
Section 8. 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 CITY COUNCIL at a regular meeting and signed and
approved this 7th day of July 1998.
John Puccinelli, Mayor
ATTEST:
K AIA-Q-1/2 J L w� c
City Clerk
Publication Date: 7 -10-98
Effective Date: 8
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: July 7,1998
ITEM TITLE: Ordinance Adoption for Tweedy Rezone
SUBMITTED BY: Glenn Rice, Acting Director of Community & Economic
Development
CONTACT
PERSON / TEL: Joan Davenport, 575 -6164
SUMMARY EXPLANATION:
On June 2, 1998, City Council approved the rezone for Mr. James Tweedy for
property located at 1107 Cornell Avenue, as recommended by the Yakima Urban
Area Hearing Examiner, from R -2, Two Family Residential to B -2, Local Business.
Adoption of the attached ordinance will implement this rezone.
Resolution _ Ordinance X Contract — Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
Manager
STAFF RECOMMENDATION: Adopt rezone ordinance
BOARD RECOMMENDATION: Examiner recommended approval
COUNCIL ACTION: Council approved Examiner's recommendation and rezone
June 2, 1998
R ECEIVED
MAY. 4 1 998
P NNIN p MA
1V.
Master Application by ) EXAMINER'S RECOMMENDATION
)
James Tweedy for a Rezone ) City No. UAZO RZ #3 -98
and Class 2 Review at )
1107 Cornell Avenue ) EXAMINER NO. IU98 -2 -11
(AMB Tools) )
The Examiner conducted a public hearing on April 23, 1998.
The staff report presented by John Elsden recommended approval.
The only person present for the hearing was Jim Tweedy. The
Examiner inspected the property prior to the hearing.
SUMMARY OF DECISION. The Examiner recommends approval of
both the rezone and the Class 2 review, involving expansion of AMB
Tools to this lot.
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. James Tweedy.
2. Location. 1107 Cornell Avenue; Assessor's parcel
number 181325 - 41519. The legal description is attached to the
application and incorporated by reference.
3. Application. Master application for a rezone from
EXAMINER'S RECOMMENDATION - 1
James Tweedy Rezone
HE #IU98 -2 -11
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
Two- Family Residential (R -2) to Local Business (B -2) and Class 2
Review concerning expansion of AMB Tools to this lot.
4. Proposed Zone. Local Business (B -2).
5. Proposed Use. AMB Tools has been utilizing this lot,
apparently without land use review, for parking and storage. It
is enclosed with a chain link fence. Mr. Tweedy plans to continue
utilizing the parcel for parking and outdoor storage.
6. Xlackground• In 1988 Mr. Tweedy received approval to
expand AMB Tools on its existing lot. This parcel was not
involved. At that time the parcel, which prior to 1986 had
consisted of three lots, contained not only AMB Tools, but also a
small restaurant on the corner, which is now the Tangles Hair
Shop, and a TV -video service center located behind AMB Tools. Mr.
Tweedy received approval to expand his business into the TV -video
facility. He built on to AMB, fenced the east and south property
lines, and substantially improved the property. The purpose of
that hearing was to grant approval for expansion of a non-
conforming use, which was non - conforming because of excessive
parcel coverage and problems with parking and rear yard setbacks.
At that time, Mr. Tweedy thought that the barbecue rib
business located in the separate building would soon leave, and he
thought he would probably tear that building down. Obviously
after the cafe closed he found another tenant, the hair salon.
With respect to the cafe, I required that it not be expanded, and
that in the event it was destroyed or stopped operation the
building should be removed, and that no new structure could
replace it without Class 3 review. Although not particularly
germane to the present case, I should note that the purpose of the
requirement was to simply require removal of the building when it
stopped being used, and that the particular use in the building
was not of consequence. (See Examiner's Decision, City No. UAZO
Alt /Noncon #4 -88 and Examiner No. 88- 6 -69).
EXAMINER'S RECOMMENDATION - 2
James Tweedy Rezone
HE #IU98 -2 -11
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
7. Current Zoning and Use. The subject lot is currently
zoned R -2, has been graveled and fenced, and is being used by AMB
Tools for parking and storage.
Adjacent properties have the following characteristics:
Location Zoning Existing Land Use
North SCC /B -2 AMB Tools
Tangles Hair Design
East R -2 Single Family
Residence
South R -2 Single Family
Residence
West (across Cornell) R -2 Single Family
Residence
8. Yakima Urban Area Zoning Ordinance.
8.1 Testimony. There is no opposition to this
proposal. In 1988 the neighbors were concerned that a better
fence was needed on the east side of the property. Mr. Tweedy has
built that fence in compliance with the 1988 decision, and
obviously is a good neighbor, as evidenced by the lack of
opposition.
8.2 Suitability of the Property. This parcel is
suited for the types of uses permitted in the B -2 zone so long as
this lot is merged with the parcel fronting on Nob Hill. It is
inappropriate to have a commercial lot with access on Cornell,
which could be developed as a business separate from that
operating on the parcel fronting Nob Hill Blvd. Expansion of AMB
Tools is accommodated in this fashion, without encouraging a
primary commercial entrance to a new business zoned lot on
Cornell. Mr. Tweedy's present plans are to continue utilizing
the property as it is. The Planning Division recommends a
development agreement be signed, requiring a public hearing if he
EXAMINER'S RECOMMENDATION - 3
James Tweedy Rezone
HE #I098 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE SOX 4
YAKIMA . WASHINGTON 98907
(509) 248-0706
•
proposes any changes. Mr. Tweedy objects, but is willing to merge
this parcel with his main parcel.
If this lot is rezoned to B -2, treating AMB Tools as a Class
2 use means that any building expansion onto this property will
require Class 2 review. Under Class 2 review City staff have the
option of requiring a public hearing. This is all that the
development agreement requires, which is therefore redundant.
Merger of the parcel means that it is far less likely that
the property owner will develop or sell this off as a separate
business. In the event there were an effort to create a separate
business on this parcel, even though merged, both Planning and
Code Enforcement have adequate authority under the zoning
ordinance to control and limit access and enforce parking
requirements.
Subject to merger, this lot is suitable for B -2 uses.
8.3 Agency Recommendations. The recommendation of the
Planning Division has been reviewed above.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance. This proposal complies with both the Comprehensive
Plan and the Zoning Ordinance. The lack of opposition
demonstrates the compatibility with existing uses. All public
services are available. Granting the rezone is responsive to
market conditions, allowing Mr. Tweedy an enhanced opportunity to
compete with larger hardware stores, allowing and permitting
expansion of his business without the need to relocate.
8.5 Adequacy of Public Facilities. All public
utilities are available and adequate.
8.6 Compatibility. The lack of opposition is a
significant indicator of compatibility. Requiring merger of the
parcel, and retaining close enforcement of present code
provisions, will minimize traffic impact upon Cornell.
8.7 public Need (Change in Circumstance).
Since Mr. Tweedy has established his business at this location,
EXAMINER'S RECOMMENDATION - 4
James Tweedy Rezone
HE #IU98 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248 -0706
both Eagle Hardware and Wal -Mart, with a substantial hardware
component, have located in the Yakima area. Nob Hill Blvd. has
also been improved and is an increasingly significant arterial.
In this instance these factors constitute a change of circumstance
which justifies this rezone.
With respect to public need, which is a local ordinance
requirement, criteria for public need have never been articulated
by ordinance. In the absence of substantial neighborhood
opposition, and general compliance with the comprehensive plan
and zoning ordinance, this Examiner has treated public need as
significantly influenced by the applicant's perception of the best
way to enhance the use and value of his property.
Another way of looking at this issue is whether granting the
rezone will impose a public burden or detriment on publicly owned
facilities, or the immediate neighborhood. If these questions can
be answered in the appropriate fashion, typically a public need
has been found, justifying the rezone. Under this analysis, the
applicant meets his burden of proof.
9. Class 2 Review. The absence of any public comment, and
the compatibility demonstrated by Mr. Tweedy's utilization of this
lot for business purposes for a number of years, justifies Class 2
approval. This proposal meets the Class 2 standard of review,
which states that generally Class 2 uses are permitted, but on
occasion may be incompatible in a specific location.
10. gnvironmental Review. The Determination of
Nonsignificance was issued on March 27, 1998 and is now final.
11. Public Notice. Notice for the hearing was provided in
accordance with the UAZO requirements in the following manner:
Mailing of notices to adjacent owners April 10, 1998
Posting of property .April 3, 1998
Legal Ad published April 10, 1998
EXAMINER'S RECOMMENDATION - 5
James Tweedy Rezone
HE #IU98 -2 -11
HEARING EXAMINER
FOR THE
•
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
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
the Yakima Urban Area Zoning Ordinance; the property is suitable
for uses permitted in the B -2 zoning district; any problems with
neighborhood compatibility have been resolved; and a public need
does exist for the proposed change.
3. The Class 2 component of the application complies with
the zoning ordinance.
4. 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:
RECSMENDATION
Approve this rezone application, from R -2 to B -1, subject to
the following condition:
EXAMINER'S RECOMMENDATION - 6
James Tweedy Rezone
HE #IU98 -2 -11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 90907
(509) 248 -0706
A. Concurrently with, or prior to, Council execution
of the rezone ordinance, this parcel shall be merged with the
parcel fronting Nob Hill.
Approve the Class 2 application, for parking and outdoor
storage related to AMB Tools.
Respectfully submitted this 4 day of May, 1998
•
d
PHILIP A. • m
Hearing Examiner
•
EXAMINER'S RECOMMENDATION - 7
James Tweedy Rezone
HE #IU98 -2 -11
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. 0
FOR MEETING OF: July 7, 1998
ITEM TITLE Ordinance Adoption for Tweedy Rezone
SUBMITTED BY: Glenn Rice, Acting Director of Community & Economic
Development
CONTACT
PERSON / TEL: Joan Davenport, 575 -6164
SUMMARY EXPLANATION:
On June 2, 1998, City Council approved the rezone for Mr. James Tweedy for
property located at 1107 Cornell Avenue, as recommended by the Yakima Urban
Area Hearing Examiner, from R -2, Two Family Residential to B -2, Local Business.
• Adoption of the attached ordinance will implement this rezone.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt rezone ordinance
BOARD RECOMMENDATION: Examiner recommended approval
COUNCIL ACTION: Council approved Examiner's recommendation and rezone
June 2, 1998
Return To:
Yakima City Clerk
Attn: Tweedy Rezone File
129 N. 2nd Street
Yakima, WA 98901
Document Title: Ordinance No. 98 -26
Grantor: City of Yakima
Grantee: James Tweedy. [UAZO RZ #3 - 98 and CL(2)]
Legal Description: Lenox Ave. Addition Lot 6 Block 2
Parcel Numbers: #181325 -41519
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0711011998 03.11P
HB CITY OF YAKIMA ORD $11.00 Yakima Co, WA
ORDINANCE . 98- 26
AN ORDINANCE concerning land use and zoning, rezoning one parcel in
the vicinity of 1107 Cornell Avenue from Two- Family
Residential (R -2) to Local Business (B -2) and amending
the zoning map of the Yakima Urban Area accordingly;
and granting Class 2 approval for continued use of the
parcel for parking and outdoor storage.
WHEREAS, James Tweedy (hereafter referred to as the "Applicant") has, by
application filed under Department of Community and Economic
Development file UAZO RZ #3 -98 and CL(2) #14-98, requested amendment
of the Official Yakima Urban Area Zoning Map to rezone one parcel of land at
1107 Cornell Avenue in Yakima, Washington (Yakima County Assessor's
Parcel #181325-41519) (referred to below as "the Subject Property") from
Two- Family Residential (R -2) to Local Business (B -2) together with
application for Class 2 approval as required in the B -2 District for continued
use of the parcel for parking and outdoor storage; and
WHEREAS, on April 23, 1998, the City of Yakima Hearing Examiner
conducted a duly convened open record public hearing regarding the
requested rezone and associated Class 2 approval, and after considering the
contents of the file and evidence received at the public hearing, issued his
Examiner's Recommendation, Examiner No. 1U98 -2 -11, dated May 4, 1998;
and
WHEREAS, the Hearing Examiner recommended approval of the requested
rezone and associated Class 2 approval subject to the condition that the
Subject Property be merged with the parcel fronting Nob Hill Boulevard in
order to discourage a primary commercial entrance to a new business zoned
lot on Cornell; and
WHEREAS, on June 2, 1998, the City Council duly conducted a closed
record public hearing to consider the requested rezone and associated
Class 2 approval and the Hearing Examiner's Recommendation; and
WHEREAS, after considering the contents of the file and the statements of
interested persons and the Hearing Examiner's Recommendation, the City
Council finds with respect to the requested rezone and Class 2 approval that:
1. The Subject Property is suitable for uses permitted in the Local Business
(3-2) zoning district;
2. There exists a public need for the requested rezone;
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H CITY OF YAKIMA ORD $11,00 Yakima Co, WA
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 and its people to adopt the
Hearing Examiner's findings and conclusions and recommendation and to
approve the requested rezone subject to the condition recommended by the
Hearing Examiner and to grant the requested Class 2 approval; now,
therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference
the findings and conclusions and recommendations of the Hearing
Examiner's Recommendation, Examiner No IU98 -2 -11, City Nos. UAZO
RZ #3 -98 and CL(2) #14-98, issued May 4, 1998.
Section 2. The Official Yakima Urban Area Zoning Map within the City of
Yakima is amended to rezone the Subject Property from Two - Family
Residential (R -2) to Local Business (B -2) in the vicinity of 1107 Cornell
Avenue in Yakima, Washington, and legally described as:
Lenox Ave. Addition Lot 6 Block 2.
Section 3. Subject to the condition stated in Section 5 below, the City
Council finds formally that:
1. The above - described Subject Property is suitable for uses permitted in the .
Local Business (B -2) 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;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 4. Subject to the condition stated in Section 5 below, the requested
rezone is granted and the Official Yakima Urban Area Zoning Map within
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07/1011998 03
HB CITY OF YAKIMA ORD $11.00 Yakima Co, WA
the City of Yakima is amended accordingly to rezone the Subject Property
from Two- Family Residential (R -2) to Local Business (B -2).
Section 5. Conditions: The rezone provided herein is expressly
conditioned on concurrent or prior merging of the Subject Property with
the parcel fronting Nob Hill Boulevard.
Section 6. The requested Class 2 approval is granted.
Section 7. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
Section 8. 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 CITY COUNCIL at a regular meeting and signed and -
approved this 7th day of July 1998.
S/. JOHN PUCCINELLI
John Puccinelli, Mayor
ATTEST:
Is! KAREN S. ROBERTS, CM
City Clerk
Publication Date: 7 -10-98
•
Effective Date: 8-9 -98
Certified b to be a true and corroet copy of the
or " z ► Y iu my office. 7._ 9-cis
t CITY, CLERK
� D epdty
4
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HB CITY OF YAK A ORD $11.00 Yakima Co, WA