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HomeMy WebLinkAbout1985-2911 REZONE PROPERTY IN THE 3800 BLOCK OF SUMMITVIEW AVENUE ORDINANCE! NO . 29 1 1 AN ORDINANCE accepting the recommendation of the Planning Commission and rezoning property in the 3800 Block, Summitview Avenue, from R-1, One-Family Zone and R-2, Two-Family Zone to Planned Development Zone; 410 and declaring an emergency. WHEREAS, pursuant to due and legal notice, the City Council of the City of Yakima held a hearing on the 24th day of Septem- ber, 1985, on the recommendation of the Planning Commission that real property situate in the 3800 Block, Summitview Avenue, in the City of Yakima, Washington, the legal description of which is set out hereinbelow, be rezoned from R-1, One-Family Zone and R-2, Two-Family Zone to Planned Development Zone, and WHEREAS, as a result of its hearing, the City Council hereby makes its following findings and conclusions: FINDINGS: 1. Mr. Dan Tilley requested a rezone and submitted a final plan and program to rezone property located in the 3800 Block, Summitview Avenue, from R-1, One-Family Zone and R-2, Two-Family Zone to Planned Development Zone. The purpose of the request is to allow construction of a new office building with an area of approximately 8,700 square feet. This project will require demolition of the existing church building structure. Construc- tion is scheduled to begin in the fall of 1985. 2. The north half of the property (facing Summitview) is presently zoned R-1, One-Family Zone, and the south half (adja- cent to Kenny Drive) is zoned R-2, Two-Family Zone. Adjacent zoning and land uses are as follows: Zoning Land Use North P.D. Single-Family Residential R-3 Multi.-Family Residential West B-1 Commercial R-2 Single-Family Residential East R-1 Single-Family Residential South R-2 Two-Family Residential • 3. Summitview Avenue is designated as a principle arterial in the Transportation Element. 4. The Optimal Land Use element of the Urban Area Plan indicates that Professional Service Development, such as re- quested, may be allowed adjacent to low and moderate density residential uses if the development can demonstrate compatibil- ity and where compatibility conflicts with citizens of the area can be substantially resolved. 5. An Environmental Checklist has been submitted and a declaration of non - significance issued pursuant to the Act. • 6. The City Planning Commission recommended approval of the rezone request subject to certain conditions specified below. 7. The construction must begin as soon as possible because . of the time of year. Winter weather may soon prevent construc- tion. An emergency is found to exist so that this rezone may be immediately effective. CONCLUSIONS: 1. The request is in conformance with the Yakima Urban Area Comprehensive Plan. 2. The recommendation of the Planning Commission to grant the rezone should be affirmed, and the rezone should be granted subject to certain conditions specified below, 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 in the 3800 Block, Summitview Avenue, in the City of Yakima, Washington, and more particularly described as follows, to wit: Lot 9 of Leingang's Addition; and that portion of Lot 16 of Glenn Acres beginning at the northwest corner of Lot 16, then east 42.20 feet,' then southerly 140 feet to a point 43.80 feet easterly of west line of Lot 16, then west 1/4 43.80 feet, then northerly to point of beginning; and the east 120 feet of south 150 feet of north 170 feet of northwest quarter, north- west quarter, southeast quarter. be rezoned from R -1 One- Family Zone and R -2, Two - Family Zone to Planned Development Zone be, and the same is hereby, approved and said real property is hereby rezoned to a Planned Develop- ment Zone, all in accordance with, and to conform to, the final development plan and program therefor approved by the Yakima Planning Commission, a copy of which is attached hereto and by reference made a part hereof; provided, the rezone granted by this ordinance is subject to the following conditions: -2- 1. The applicant shall dedicate to the City a right-of-way strip ten (10) feet in width along Summitview Avenue. 2. No building permit shall be issued until the plan is revised to accurately depict dedicated right-of-way and 411 dimensions. • 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 is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of 0 , 1985. - .1r _ ■■•..•-• - - Mayor ATTEST: e iK0A1 , 1^._ leA.--64.AjtaD City Clerk Publication Date"T 1 1 1985 Effective Dab? OCT 1 2 111 -3- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. Fbr Meeting Of 9/24/85 ITEM TITLE: Public Hearing - Daniel Tilley, 3800 Sumiitview Avenue SUBMITTA3 BY:L Glenn K. Rice, Director Community & Economic Development CONTACT PERSON /TELEPHONE: Larry Leta, Associate Planner - 575 -6165 SUMMARY EXPLANATION: Background Mr. Dan Tilley has sdbmitted a final plan and prcgran to rezone property located in the vicinity of 3800 Summit view from R -1 (Single- Family Residential) and R - (Two - Family Residential) to P.D. (Planned Development). The purpose of his request is to allow construction of a new 8700 square foot (approx.) office building. This project will require demolition of the existing structure. Subject to City approval, the proponent has indicated that construction is scheduled to begin in the Fall of 1985. Zoning and Land Use The north half of the property (facing Sumnitview) is presently zoned R-1 (Single - Family) and the south half (adjacent to Kenny Drive) is zoned R-2 (two- fanily residential). Adjacent zoning and land uses are as follows: Zoning Land Use North P.D. Single - Family Residential R -3 Multi - Family Residential West B-1 Commercial R -2 Single - Family Residential East R-1 Single- Family Residential South R Two- Family Residential Urban Area Plan The Optimal Land Use element of the Urban Area Plan indicates that Professional Service Development may be allowed adjacent to low and moderate density residential uses if the development can demonstrate compatibility and where compatibility conflicts with citizens of the area can be substantially resolved. Summitview Avenue is designated as a principle arterial in the Transportation Element. SEPA An Environmental Checklist has been submitted and a declaration of non - significance issued pursuant to the Act. ;11 Continued on Reverse -- Pki/ ********************************************************** * * * * * *** * * * * * * * * * * * * * * * * * * *s ** * EXHTRTTS * * Resolution Ordinance Contract X Minutes X Plan /Map * * Notification List: Yes No Other (Specify) * * * * * APPROVED ODR SUBMITTAL: * CITY MANAGER ******************************************************** * * * * ** * * * * * * * * * * * * * * ** * *** * * * ** STAFF RECOMMENDATION: The staff concurs with the Planning Commission and recommends approval of the request. BOARD /C CMMISSION RECOMMENDATION: The Planning Commission recammends approval of this rest subject to the conditions noted in this report. COUNCIL ACTION: STAFRP N1 Findings 1. The Planning Commission reviewed the Final Plan and Program for this project at their September 3, 1985 meeting and recanmended approval of the application subject to the following conditions. A. That applicant dedicate 10 feet of right- of-way along Simnitview Ave. B. That the plan to he revised to accurately depict dedicated right of -way and dimensions. C. That applicant should submit an approved sign plan and /or revision of program to include provision that sign will not exceed 5 feet in height Above ground level and external lighting will be shielded or reflected away from traffic and res kianital properties. 2. During the Aug. 6, 1985 and Septanber 3, 1985 Planning Commission meetings, representatives of the church stated that they intended to salvage historically significant artifacts from the church, but that the church structure itself was not salveagable. These actions were being taken to mitigate any environmental impact related to the historical and social significance of demolition of the church. STAFRP N2 • FOSTER BE ROYCE CO. SITE RESEARCH and DEVELOPMENT . Suite 418 . 203 E Yakima Ave Yakima, WA (509) 457 -8002 July 5, 1985 Written Program for the development of the property at 3800 Summitview Avenue, Yakima, WA. Market Analysis: The current structure which is located on the proposed Planned Development site is a 75 year old church build- ing, a portion of which has been condemned. The Northwest Council of the Assembly of God Churches, the present owner, has made the decision to rebuild the church and a new church building in the Terrace Heights area. The council felt that a new church was needed in that area and that rebuilding the current building with its very small congregation was not possible. A determination was made to sell the land at 3600 Summitview as an office site to raise the necessary funds to build a new church building that would incorporate most of the historic features of the current building, including the stained glass windows, the bell tower, and many of the interior fixtures. The purpose of proposing a Planned Development was to enable a user to include the church parking lot at the rear of the property within the proposed use. The parking lot as it stands is zoned for a single family house and has little value to the church or a potential user and would most probably remain undeveloped and unsightly. Proposed Ownership Pattern: The property will held in private ownership and does not involve partnerships or corporations. Operation and Maintenance: The operation and maintenance will also be handled by the private ownership. Waste Disposal: All Waste will be contracted to a private janitorial service company. Lighting: All outdoor lighting will be low level sidewalk and parking lights as are indicated in the proposed plans. Water and Sewer: The proposed project is within the City of Yakima and all water and sewer services will be provided by the City of Yakima. Public Transportation: Summitview Avenue is a main bus route Community Facilities: This property is with the area designated Small Convenience Center and is adjacent to many services. Development Time Table: Project completion is scheduled for November of 1985. Daniel . Ti,. ey Applicant September 9, 1985 Amendment of the written proposal for the 3800 Building Project The City Planning Commission, in public hearing on September 3, 1985, recommended that the following changes be made to the written proposal. 1. The proposed sign will not exceed 5 feet in height above ground level and that any external lighting for the sign will be shielded and reflected away from traffic and residential proper- ties. 2. The business uses of this site will be limited to B -1 or other Modified Business uses. These conditions have been agreed to and hereby included into this written proposal for the 3800 Building project. / 7 // j / - Daniel F. T ley Applicant 2 M I N U T E S CITY OF YAKIMA PLANNING COMMISSION September 3, 1985 MEMBERS PRESENT STAFF PRESENT Deb Patterson John Haddix, Planning Supervisor Janet Snodgrass Denny Covell, Director of Engineer - Vince Nubling ing & Utilities Bob Tenney Larry Lehman, Associate Planner Jim Kurbitz Judd Black, Associate Planner Tony Menke Pat Brady, Department Assistant Charlotte Phillips Nick Hughes Dolores Heinen The meeting was called to order by Chairman Deb Patterson at 7:30 P.M. It was MOVED by Snodgrass, seconded by Menke that the minutes of the August 6, 1985 meeting be approved as presented. Motion carried, all members present voting aye by voice vote. A. DANIEL TILLEY Larry Lehman presented the staff report and findings, recommending that the Final Plan and Program requested by Daniel Tilley for a rezone from R -I and R -2 to Planned Development at 3800 Summitview be approved subject to the conditions stated in the staff report. (Charlotte Phillips present at 7:35 P.M.) Citizen Comments (For) Daniel Tilley, Rt. 8, Box 339, representing the owners of the property and as the proponent, explained the background of the the project and said that approximately 1500 square feet of the proposed building will be used by an interim tenant. (Nick Hughes present at 7:40 P.M.) Rev. Tom Ridout, Rt. 5, Box 398, representing the Assembly of God Church, explained the purpose of selling the Church was to relocate in another area and that the historical artifacts would be retained for the new church. Don Foster, 4304 Ahtanum /111, Pastor of the Assembly of God Church, said that he is in favor of the rezone request. Citizen Comments (Against) Paul Peterson, 215 South 58th Avenue, owner of property adjacent to the proposed project, did not indicate that he was opposed to the project, but had questions regarding landscaping, site screening, and parking. Larry Lehman explained the plan and the staff recommendations. Arthur Campbell, 3704 Summitview, said that he also had questions regarding the proposed project and was assured by Mr. Tilley that the property would be surveyed before the start of any construction. Mr. Campbell also requested further information regarding the sidewalk. Denny Covell explained that it was anticipated that 300 feet from the 40th Avenue and Summitview intersection improvement would allow the sidewalk to line -up with the existing sidewalk, or it may be moved back 10 feet depending upon that improvement project. Commission Comments After discussion, it was MOVED by Kurbitz, seconded by Snodgrass to approve the request of Daniel Tilley for a rezone from R -1 and R -2 to Planned Development at 3800 Summitview, subject to the conditions stated on the staff report and to add Condition #3, restricting the site to a B -1 (professional and administrative office) use. Motion carried, Kurbitz, Menke, Heinen, Nubling, Snodgrass, Tenney, Hughes, Patterson voting aye; Phillips abstaining. M I N U T E S CITY OF YAKIMA PLANNING COMMISSION August 6, 1985 MEMBERS PRESENT STAFF PRESENT Deb Patterson John Haddix, Planning Supervisor Janet Snodgrass Denny Covell, Director of Engineer - Dolores Heinen ing Ft Utilities James Kurbitz Don Skone, Associate Planner Tony Menke Larry Lehman, Associate Planner Judd Black, Associate Planner Pat Brady, Department Assistant MEMBERS EXCUSED Charlotte Phillips Vince Nubling Nick Hughes Bob Tenney The meeting was called to order by Chairman Deb Patterson at 7:30 P.M. It was MOVED by Snodgrass, seconded by Menke that the minutes of the July 2, 1985 meeting be approved as presented. Motion carried, all members present voting aye by voice vote. B. DANIEL TILLEY Larry Lehman presented the staff report and findings, recommending that the Preliminary Plan and Program requested by Daniel Tilley for a rezone from R -1 and R -2 to Planned Development at 3800 Summitview, be approved subject to the conditions stated in the staff report. Discussion followed regarding the environmental review of the social and historical significance of the existing church on the site of the proposed rezone. Judd Black explained that the owner of the property must determine if they wish to apply to the State Historical Register. Jim Kurbitz stated that he may have a conflict of interest regarding this project, as he owns property near this site. It was determined by the Commission that this being a Preliminary Hearing, Mr. Kurbitz could sit on the Commission. Deb Patterson explained to those present that this request is for a Planned Development and the differences of that action and those of a rezone. John Haddix, Secretary, read a letter and petition signed by 17 persons in the immediate neighborhood asking the Planning Commission to consider no access be allowed from Kenny Drive to the proposed project site. • Citizen Comments (For) Daniel Tilley, Rt. 8, Box 339, addressed the Commission and explained that the proposed project will be a single story building to be used as a Regional Office for Pacific Power and Light Company; parking stalls can be adjusted in the Final Plan; the church on the site is unsafe for occupancy and the congregation will be moving to another location. Mr. Tilley also stated that some historical artifacts in the church will be saved for the new church when it is constructed; landscaping will be 15 feet with a fence surrounding the proposed project; there will not be any access from Kenny Drive of any kind. Tom Ridout, Rt. 5, Box 398, Section Presbyter, Northwest District Council of Assemblies of God, stated that the congregation has decided to relocate to another area and there are no plans to restore the present church building due to a lack of funds. The Assembly of God Church is in favor of the proposed project in order for them to obtain money to build a new church and this project would be an improvement to the neighborhood. _ Don Foster, 4304 Ahtanum 411, Pastor of the Assembly of God Church, said that the congregation would be moving to another location and he is in favor of the project. May Mastel, 201 No. 38th Avenue, asked why those persons living on 38th Avenue were notified of this project, and staff explained that the City of Yakima advertises and notifies the surrounding neighbor- hood in order to receive their comments. Citizen Comments (Against) Pete Van Luenen, 20 North 37th Avenue, stated that he is opposed to the project and wishes this to remain a residential area. Morris Broom, 123 North 37th Avenue, stated that he had concerns regarding the possibility of additonal traffic on 37th Avenue between Nob Hill Blvd. and Summi.tview and the existing bike route if the proposed project is approved. Staff explained that there would not be any access from 37th Avenue. Betsy Wilson, 123 North 37th Avenue, stated that she was concerned about the retired persons in the area with the potential of increased traffic. Ms. Wilson inquired about the completion of the 40th Avenue & Summitview intersection and Denny Covell stated that he felt it would be completed in late fall 1986. Commission Comments This being the Preliminary Hearing, the Planning Commission made the following comments: requested that the sidewalk and parking be re- considered in the Final Plan; conditions of the request of the neighbors be met by not allowing any access from Kenny Drive; proposed project must be a one story building; restrict the use of the structure to Pacific Power and Light Company Regional Office only; traffic would not be as heavy with this project as with another type of rezone. _ ll.-1 1 1 1 4 .1 L • if 111 oat t 1 1 J 41--L 1 _ L JL.i l i. iLA IIv WII 11. � ow ■il .y�r.s�. , d-i - . .� ., , b si 1= P, „ o S E J E CT ARMA q#Si1 ' � ■ IMI . Q Mrs moil !Ih �I 8 g®` ~ �t g I ti©o' rw nom 17 62 a LiMil M m ; ii ieffil o # ii■ s 4 . N ..:. MI m r, =Li _Li ffm WC). 41 . 1 r=r•J=. : 7 1 l •. 110. - u; � i! 111 11 af d Kulp. .., . - ill 4 M,11) L AgYisma 4 ill 1 g ill All. / / MEM \ • de" 'NI ' 1-4 .0 Illbr I ski 4 11111 i III Cfralk RN ssis:is 4 ' liffi k...t".-1. - ''' "A I tia i MIMI"fi r iunir1a ! III *i 116 � 44S C ■!� r1. 111 M III V m 7 .. :IIII1Ii 11 164 ■ 11.111 MINI= 011111111 ` = Mfg 13111 . in P ill ccas n o - m .r oo k 1114. '' f7 MN mew . MIMI 1.1.1 t 1 zo 6 ' - u . PLANNED DEVELOPMENT NAME: Daniel E. Tilley REQUEST: R -1 /R -2 to Planned Development LOCATION: 3800 Summitviev DATF..: 7/10/85 �t4 ( Asses-41m ob C �..a•c 4 9 3802 SUMMITVIEW AVENUE PARSONAGE ADDRESS . YAKIMA, WASHINGTON 98902 85 SEP 23 112 :IL 410 SOUTH 8th STREET 866$180 Large Enough to Help You... Not too Large to Appreciate You 453 -0012 September 22, 1985 YhKIN C 1 `, ..._.__ Yakima City Council 129 North Second Street Yakima WA 98901 Dear Members of the City Council: I am writing in regard to the rezoning of the property at 3800 Summitview Avenue. I would appreciate it if this letter could be read to the Council at the hearing on September 24, 2 :00 p.m., since I will not be there in person. As pastor and as representative of the congregation which made the decision to sell the property, I speak in favor of the rezoning. We wish to make certain that the City Council understands our feelings. We love the old building and wish we could have filled it With worshipping people. But after years of dwindling attendance we recognized that a greater potential exists in the East Valley area, where there is no church of a denomination similar to ours. Since April we have been renting a building in Terrace Heights and have begun to see an increase. As this continues we plan to purchase property and build, using funds from the sale of the property in question. We want to keep the windows and bell from the old building and incorporate them in our future new building. So the rezoning would be very important to us in our new venture. We wish to express our appreciation to the City for the spirit of cooperation we have sensed thus far in the process. incerel , Don Foster 4304 Ahtanum #11 Yakima WA 98903 Pastor East Valley Assembly of God (formerly Summitview Assembly) 144/aft Sta per . Arch' Architects A.I.A. P.S. z- -cur ��GVp . • • .. Fa.ea r►rwu elrbetyftvet Sprhg St. - -r .. J l�_11 1 l . _ L . • _ _ _�_ • r /i]/] • ply • ) �{ t . �` 587-5340 � • ` . 1 in J • i't ' 1 - 11111 �' ^• `�I C • C �iuJI1 L' I ` [ 1 ' j • . 206) .0 1./ f..i i 1 + i„ a: ..f f ,, , .1i I. II 7 ,� � I • S •i, ;• 11 . alf( ' 14%. O _ • 1. 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