HomeMy WebLinkAbout1997-036 Rezone .4+
_ 'return to:
Yakima City Clerk
Attn: Karen Roberts
129 N. 2nd St.
Yakima, WA 98901
ORDINANCE NO. 97 - 36
Grantor: The City of Yakima
Grantee: Floyd Blinsky
Legal Description (abbreviated): Beginning at a point 30 feet North
and 277.8 feet East of the SW corner of Section 29, Township 13
North, Range 19, more fully described on page 2.
Additional legal on page two.
Assessor's Tax Parcel I.D. #191329-33041.
AN ORDINANCE rezoning 0.88 acre in the vicinity of 1111 East Mead in
Yakima, Washington, from Two - Family Residential (R -2) to
Light Industrial (M -1) and amending the zoning map of the
Yakima Urban Area accordingly.
WHEREAS, on February 13, 1997, the Hearing Examiner conducted a duly
convened public hearing on the application (UAZO RZ #7 -96) submitted by
property owner Floyd Blinsky, requesting amendment of the Official Yakima
Urban Area Zoning Map within the City of Yakima and rezone from Two -
Family Residential (R -2) to Light Industrial (M -1) of 0.88 acre in the vicinity of
1111 East Mead in Yakima, Washington (referred to below as "the Subject
Property "), which is Yakima County Assessor's Parcel # 191329 - 33041; and
WHEREAS, by Recommendation dated March 10, 1997, the Hearing
Examiner recommended that the requested rezone be granted; and
WHEREAS, on May 6, 1997, the City Council duly conducted a public
meeting to consider the proposed rezone and determined to adopt the Hearing
Examiner's Recommendations; and
WHEREAS: (1) the Subject Property is suitable for uses permitted in the
Light Industrial (M -1) District and is compatible with the neighborhood;
(2) there exists a public need for the proposed rezone; (3) since the existing
zoning was established, circumstances have changed and now make the
proposed rezone appropriate; and (4) the proposed rezone is consistent with
and complies with: (a) the requirements and considerations set forth in
Yakima Municipal Code Chapter 15.23; (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
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WHEREAS, the proposed Rezone approval conforms with the requirements of
City of Yakima Zoning Title, and other applicable land use controls; and
WHEREAS, the best interests of the City of Yakima would be advanced by the
proposed rezone and by granting the requested Rezone approval; now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City Council finds formally that: (1) the Subject Property,
legally described in Section 2 below, is suitable for uses permitted in the Light
Industrial (M -1) District and is compatible with the neighborhood; (2) there
exists a public need for the proposed rezone; (3) since the existing zoning was
established circumstances have changed and now make the proposed rezone
appropriate; and (4) the proposed rezone is consistent with and complies with:
(a) the requirements and considerations set forth in Yakima Municipal Code
Chapter 15.23; (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. The Yakima City
Council hereby adopts the findings, conclusions, and recommendation of the
Hearing Examiner's Recommendation, Examiner No. I97 -2 -13, City No. UAZO
RZ #7 -96 \UAZO EC #33 -96, which is incorporated herein by reference.
Section 2. The Official Yakima Urban Area Zoning Map within the City of
Yakima is amended to rezone from Two- Family Residential (R -2) to Light
Industrial (M -1) 0.88 acre in the vicinity of 1111 East Mead in Yakima,
Washington (referred to below as "the Subject Rezone Property "), and legally
described as follows:
PARCEL No. 191329 -33041
Beginning at a point 30 feet North and 277.8 feet East of the
Southwest corner of Section 29, Township 13 North, Range 19,
E.W.M.;
thence North 302.5 feet;
thence East 128.9 feet;
thence South 302.5 feet;
thence West 128.9 feet to the point of beginning.
(Also known as Tract No. 3 of the unrecorded plat of Iler's Garden
Tracts.)
Situated in Yakima County, State of Washington.
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. 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 30 days from the date of final action by
the City Council an aggrieved party obtains an appropriate writ of judicial
review from the Yakima County Superior Court for the purpose of review of
the action taken.
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PASSED BY THE CITY COUNCIL, signed and approved this 20 th day of
May, 1997. /7Ae.„44..e......_
ATTEST: Lynn u��an, Mayor
K a is.-vt 2 iee--() C/ li z G Wv C
City Clerk
Publication Date: May 23, 1997
Effective Date: June 22, 1997
Certified t ,.ud correct copy of the
original `ed.. ■ ' : e. 11/997
. i TY CLEtK
Y / .4.. . � � - Deputy
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RECEIVED
ISSUED: MARCH 10, 1997
MAR - 1. 0 191
CITY OF YAKIMA
PLANNING' ply
Resone Application by ) EXAMINER'S RECOMMENDATION
Floyd Blinsky to Rescue ) City No. UABO RS #7 -96
1111 East Mead Avenue )
from R -2 to M -1 ) Examiner No. 197 -2 -13
The Examiner conducted a public hearing on February 13, 1997.
The staff report presented by Vaughn McBride recommended approval.
Mr. Blinsky attended; there was no opposition. The Examiner
inspected the property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends this
rezone.
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. Floyd Blinsky.
2. Location. 1111 East Mead Avenue. Assessor's Parcel
Number 191329 - 30041.
3. Application. Rezone.
4. Proposed Zone. Light Industrial (M -1).
5. Proposed Use. Possible vehicle storage lot.
6. Current Zoning and Use. The site is currently zoned R -2
and is occupied by a single - family dwelling. East Mead Avenue is
a minor arterial carrying approximately 9,800 average daily
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMMA. WASHINGTON 98907
(509) 24a -0706
0011 7047111
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vehicular trips. Adjacent properties have the following land use
characteristics:
•
Location Zoning Lad Use
North R -2 Single - Family
South Union Gap Light - Industrial
East R -2 Single- Family
West M -1 Commercial
7. Project Description. This lot fronts onMead Avenue, and
is slightly less than one acre in size (38,480 sq. ft.).
Adjacent land uses west of the subject property are non-
residential land uses. The applicant's property is the fifth
parcel east of the intersection of South 10th Street and East Mead
Avenue. The lots located at 1105, 1107 and 1109 E. Mead were
recently rezoned from R -2 to M -1 by Council action on July 2, 1996
(UAZO RZ #7 -95). Land uses west of South 10th Street reflect
commercial uses consistent with its Central Business District
Support (CBDS) zoning. Land uses east of the subject property
reflect a mix of residential and commercial . (single - family
dwellings, McGuire Lumber storage yard). Properties on the south I
side of East Mead Avenue directly fronting the applicant's
properties are within the municipal boundaries of the City of Union
Gap and reflect light - industrial land uses.
The applicant intends to establish a vehicle storage lot;
a Class (1) use in the M -1, Light Industrial zone. This
application is a request to rezone, and includes SEPA review of the
proposed vehicle storage lot. The applicant owns a business nearby
in Union Gap (across East Mead Avenue). This lot would serve as a
vehicle storage facility to support his existing business use.
Council is not required to act on the SEPA review, and
the act of rezoning this property does not guarantee that it will
be utilized as a vehicle storage lot.
8. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030.5 are considered below:
8.1 Testimony. All testimony was in favor.
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(5091248-0706
71
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8.2 Nuitability of the Property. This is a large level
lot, located on a minor arterial, in an area transitioning from low
density residential to industrial type uses. It appears suitable
for industrial type uses, except that public sewer is not yet
available.
8.3 .?Agency_ Recommendations. The planning division
recommends approval. This area, as described above in the project
description, has been subject to a prior rezone. In that instance,
the Hearing Examiner recommended denial of that rezone, and was
reversed by the City Council. The basis for the Examiner's
recommendation in the prior case was not on the merits of the
_rezone itself, but that this area should be rezoned as a whole i'
rather than incrementally. Since that incremental process has
started, it is consistent to allow this rezone.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance. Both the plan and the ordinance place significant
emphasis on compatibility, and the availability of public services
in approving rezones. From a compatibility perspective, this
rezone is in compliance. Land uses on this site will be limited
until more utilities'are available.
8.5 Adequacy of Public Facilities. City domestic water
is available but not sanitary sewer. Mead Avenue is seeing
increasing use, but is not improved with curb, gutter, or sidewalks
in this vicinity. Land uses will be limited, and will have to be
reviewed on a case -by -case basis for compliance, until such time as
utilities are upgraded.
8.6 Compatibility. This proposal is compatible with the
neighborhood.
8.7 Public Need. This rezone is reflective of the
desire that property owners have,of transitioning their property
from under utilized residential uses to potentially more intensive
industrial and commercial uses. Rezones such as this can be
accommodated when they may encourage economic redevelopment of an
area without adverse impact upon adjacent uses. Such is this case.
Accordingly, there is no public benefit in denying this request.
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
- POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
I
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9. State Environmental Policy Act. A Determination of Non -
significance was issued, and is now final.
10. Public Notice. Public notice of the hearing was provided
in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. The proposed rezone conforms to the goals and policies of
the Yakima Urban Area Comprehensive Plan and to the intent of the
Yakima Urban Area Zoning Ordinance; the property is suitable,
subject to the need for additional utilities, for uses permitted in
the M -1 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, from R -2 to M -1.
Respectfully submitted this 1 0 day of March, 1997.
PHILIP A LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 9B907
(509) 248 -0706
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