HomeMy WebLinkAbout1988-3107 REZONE PROPERTY 3 T. 0 7
ORDINANCE NO.
AN ORDINANCE affirming the Hearing Examiner's recommendation
to rezone property and grant an administrative
• adjustment in the vicinity of 1104-1106 Ledwich
Avenue, and amending the zoning map of the City
of Yakima.
WHEREAS, on April 20, 1988, the Hearing Examiner held a
hearing on a master application request initiated by Charles
W. Meyer, Jr. for the rezone of property in the vicinity of
1104-1106 Ledwich Avenue, Yakima, Washington, the legal
description of which is set out hereinbelow, from R-2, Two
Family Residential District, to M-1, Light Industrial District
and to administratively adjust a side yard setback, and
WHEREAS, as a result of that hearing, the Hearing
Examiner recommended to the City Council that the rezone and
said administrative adjustment be granted, and
WHEREAS, at its public meeting on June 14, 1988, the City
Council voted to affirm said decision of the Hearing Examiner,
now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The decision of the Hearing Examiner, recom-
mending the rezone and administrative adjustment of property
in the vicinity of 1104-1106 Ledwich Avenue in the City of
Yakima, Washington, the legal description of which is as
follows:
Lot 22, Lot 23 and the South 10 feet of Lot 24,
Block 1, Terminal Addition according to the plat
thereof recorded in Volume "I", Page 42, records of
Yakima County, Washington.
from R-2, Two Family Residential District, to M-1, Light
Industrial District, is hereby affirmed; and that property is
hereby rezoned to M-1, Light Industrial District.
Section 2. The request for an administrative adjustment
of the south setback requirements on the subject property from
thirty feet to twenty-four feet is hereby approved.
rezone.ord/G5 1
Section 3. The City Council hereby adopts the Hearing
Examiner's recommendation (No. 88-2-17) a true copy of which
is attached to this ordinance and incorporated as if fully set
forth.
Section 4. The City of Yakima zoning map is hereby
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amended to correspond to the rezone ordained by Section 1 of
this ordinance.
Section 5. The City Clerk is hereby authorized and
directed to file with the Yakima County Auditor a certified
copy of this ordinance.
Section 6. This ordinance shall be in full force and
effect thirty days after its passage, approval and publication
as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 1
day of July, 1988.
ckt \,,,e&A/1/4--e
- Mayor
ATTEST:
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dAt City, lerk
Publication Date 519 %;
JUL 1
Effective Date AUG 1 4196
410
rezone.ord/G5 2
OFFICE OF HEARING EXAMINER
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FOR THE
CITY AND COUNTY OF YAKIMA
PHILIP A. LAMB 311 NORTH THIRD STREET, P.O. BOX 4 (509)248-0706
YAKIMA. WASHINGTON 98907
May 25, 1988 '
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Glenn Rice, Director •
City of Yakima
Community & Economic Development
129 N. 2nd Street
Yakima, WA 98901
RE: Charles W. Meyer, Jr.
No. UAZO RZ #1-88 and UAZO ADM ADJ #6-88
Dear Glenn:
Enclosed is my Examiner's Recommendation on the above
application, which was heard April 20, 1988.
Sincerely,
Philip A. Lamb
Hearing Examiner
PAL/bf
Enc.
cc w/enc: Mr. Richard Anderwald
Mr. Graham Tollefson
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storage and administrative offices. The south lot is undeveloped
and is the one which the applicant intends to purchase. Adjacent
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land uses and zoning are as follows:
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Location Zoning xisting Land Use
North M-2 Light Industrial
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(across Nob Hill)
South R-2 Residential (Duplex & single-family)
East M-2 Undeveloped
West R-2 Residential (Duplex)
3. Project Description. This property is at the southwest
end of the Nob Hill overpass. A paved one-way eastbound access
road with 25-foot right-of-way branches off Nob Hill at the base
of the overpass and generally parallels Nob Hill in providing a
connection to Ledwich. This access road has recently been, since
the hearing, expanded to two lanes by the City. Traffic
westbound on Nob Hill must enter a traffic safety island to turn
onto the access road. Traffic leaving the site will be forced to
turn left as they enter Nob Hill, because the new two-lane street
is going to be signed requiring left turns only for both trucks
and automobiles.
An alley borders the west side of the site and some vehicles
may use this alley than the street to access the property.
The alley has a 20-foot right-of-way, is graveled, and serves as
access for parking for residential properties in the block.
Ledwich Avenue is classified as a local access street and has a
50-foot right-of-way. Nob Hill Blvd. is a major arterial having
approximately 60 feet of right-of-way at this point.
The proposed use is that of a mini-storage building. Table
4-1 in the zoning ordinance sets forth permitted land uses.
Residential mini-storage is a Class 3 use in R-2, whereas
commercial storage is not permitted whatsoever. The applicant
intends to use a portion ot the building to store inventory for
another business of his which is located at another site.
Commercial storage facilities are not permitted in R They are
defined at YMC §15.02.020 (page 19) as meaning enclosed storage
areas designated as support facilities for commercial activities
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 2 FOR THE
CITY AND COUNTY OF YAKIMA
• POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
1909/ 248-0706
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and used for the storage of retail materials. Residential, mini-
storage is defined as meaning enclosed areas providing storage
for residential goods and/or recreational vehicles within the
structure. Footnote 5 to Table 4-1 which lists permitted l'nd
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uses (page 36) states: "no sales, storage or commercial goods,
repair facilities, offices, light manufacturing or other uses
shall be permitted in residential mini-storage facilities."
Because of this applicant's honesty in indicating the true
use he intends to make of the mini-storage, he is compelled to
seek a rezone, since there is no method for granting a
conditional use permit or treating this as a planned development
under the ordinance.
The proposed structure would be 96 feet by 26 feet, 2,496
square feet in size. It will be single-story. An administrative
adjustment for the south side yard is necessary since the
applicant wants the building to be 26 feet wide in order to
properly store large cars and boats. The lot is only 50 feet
wide, thus leaving 24 feet instead of the required 30-foot
setback from a residential district. Except for a six-foot
cyclone fence with privacy strips, the setback area between the
building and the residential district would be fully paved for
parking and access to the storage units. Plans indicate seven
storage units within the structure, two accessed from the alley,
one from Ledwich, and four from the internal paved area. No curb
breaks are shown on the plans but they would appear to require or
encourage the full 50-foot width of access from Ledwich and the
alley to be left open for accessing the site. The maximum curb
break allowed from Ledwich to this site pursuant to YMC §8.64,010
is 30 feet.
4. yakima Urt2an__Area_gpmprehensiye_Plall, The plan
indicates that residential uses are not compatible w.Lth
industrial uses (Table OLU-1, page 24, Plan Summary). The
residential district immediately south and west of the subject
project is an established moderate density residential
neighborhood. However, public opinion is one element of the
HEARING LkAMINER
EXAMINER'S RECOMMENDATION - 3 FOR THE
CM,' AND COUNTY OF YAKIMA
HOST OF ICE BOX 4
YAKIMA. WASHINGTON 98907
(SOW 248-0706
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decision - making process, and in this instance there is no known
opposition to the rezone.
5. Yakima Urban Area Zoning 0 dinance. The criteria for
rezones established by YMC 15.23.030.5 are considered below:
5.1 Testimony. All testimony was in favor of the
• proposal, other than the recommendation by staff. At the
hearing it was learned that the City is currently making the
frontage road a two -way street. At the request of the
Examiner, Mr. Lehman looked into this and determined that
after the improvements are made the frontage road will
include a stop sign next to Nob Hill Blvd. and two no right
turn signs, prohibiting both truck and automobile traffic
from turning right. The reason for the improvements is to
enhance truck traffic in the area. Trucks use this frontage
road for access to Rainier Plastics.
5.2 Suitability of the Property. This lot is clearly
suitable for a storage development. It is not as clear that
the property is suitable for all purposes permitted by M -1,
Light Industrial, zoning. The property is immediately
adjacent to M -2 zoning, across Ledwich Avenue, and M - -1
zoning exists to the south and east. There are clearly some
M -1 uses which would be inappropriate next to a residential
zone. The size of this property, including both the lot on
which the storage is to be built together with the
Mr. Coffee lot, is fairly small, and it is unlikely that
many M -1 uses will ever find this particular property
suitable, because of its small size. Nevertheless, this
rezone is a fairly crude tool to use to accommodate the
applicant's desire to build what is in effect residential
mini - storage, except for that portion of the storage used by
him to store his own commercial goods. There does not
appear to be a less intrusive tool to use to permit the
applicant to achieve his objective while still being
sensitive to the public welfare.
5.3 Agency_Recommendations. The City Traffic Engineer
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 4 FOR THE
CT' AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
1509) 248 -0706
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has concerns about site access by large vehicles, and •
potential higher volumes of traffic that could result from
industrial or commercial development of this area. The lack
of a left turn lane for westbound Nob Hill Blvd. traffic and
the limitations of the access road are of specific concern.
He also recommends that curb cuts be limited to 35 feet. •
These concerns and recommendations were received prior to
the improvements undertaken by the City, changing the
frontage road from a one -lane to a two -lane road. Those
improvements have already been made notwithstanding the
concerns of the City Traffic Engineer. It was clear at the
hearing that there was a lack of coordination amongst city
departments, because the Planning Department had no idea
that the improvements to the frontage road were taking place
and had based their recommendation for denial in part on the
fact that the frontage road was clearly inadequate. At this
time I am unaware of any resolution of the problem with
westbound traffic on Nob Hill entering a traffic safety
island to turn left onto the access road.
5.4 Compliance With Comprehensive _ an and Zoning
Ordinance. This is an odd situation, but it does not appear
that there are insurmountable compatibility problems with
the residential neighborhood. The compatibility problems
will arise in the future if this is converted from mini. -
storage to some other more noxious use. Given the size of
the property, the street layout, and its location adjacent
to other light industrial zoning, the proposed rezone will
not in all likelihood adversely affect the neightorhood.
5.5 Adeaua_of ___PublicFacilities. Public facilities
such as sewer and water are available. The traffic and
vehicular access problem has already been discussed.
5.6 !..otiipatibiljty. Compatibility has been discussed
above and does not appear to currently present a problem.
5.7 Public_Need. The applicant wants to bu.i.id a
storage facility which will probably have no adverse impact
HEAFtiNC; EXAMINER
EXAMINER'S RECOMMENDATION - 5 FOR THE
Crry AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
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on anything, either within the immediate neighborhood or
within the entire urban area. This rezone, however, is a
double-edged sword in that although this use may be
completely satisfactory, some future use permitted in the M-
1 zone may not at all be satisfactory in this location. In
my judgment the risk of that is remote given the small size
of the property involved and its configuration within the
neighborhood. It seems unreasonable to stand in the way of
a proposal which in and of itself has no foreseeable adverse
impact upon the community. The ideal situation would be to
have some sort of mechanism within the ordinance which would
permit this use to exist as a Class 3 use under the existing
R-2 zoning, on some sort of conditional basis, without
changing the zoning, which in turn permits the possibility
of a whole host of unpleasant uses next to a residential
neighborhood.
6. Environmental Review. A Determination of Non-
Significance was issued by the City on April 5, 1988.
7. Public Notice. Public notice of the hearing before the
Examiner has been provided as follows:
April 6, 1988 - Published in Yakima Herald Republic.
April 6, 1988 - Mailed to property owners within 300 feet.
April 6, 1988 - Property posted.
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. On balance, subject to the Findings above, 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 M-.1 District; any problems with neighborhood
compatibility can apparently be esolved; and a public need
exists for the proposed change.
3. Al]. notice provisions of the ordinance have been
EXAMINER HEARING EXAMINER 'S RECOMMENDATION - 6 FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAK IMA. WASHINGTON 98907
(509) 248-0706
411
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complied with.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima Board of County Commissioners the
following:
RECOMMENDATION
Approve this rezone application, including the request to
administratively adjust the south setback requirement from 30
feet to 24 feet, subject to construction of a cyclone fence with
privacy strips on the south property line, and that curb cuts be
limited to 35 feet.
Respectfully submitted this 2S---day of May, 1988.
PHILIP A. B
Hearing Examiner
HEARING EXAMINER
EXAMINER'S HECOM:MENDATIOH - FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YMU MA. WASHINGTON 98907
(509) 248 -0706
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