HomeMy WebLinkAbout1988-3090 REZONE OF PROPERTY ORDINANCE NO. 04 3 0 9 0
AN ORDINANCE affirming the Hearing Examiner's recommendation
granting a master application and rezone of
property in the vicinity of 2202 West Nob Hill
Boulevard and 1107 South 24th Avenue, and
amending the zoning map of the City of Yakima.
WHEREAS, on February 3, 1988, the Hearing Examiner held a
hearing on a master application and rezone request initiated
by M & E Company, for the rezone of property in the vicinity
of 2202 West Nob Hill Boulevard and 1107 South 24th Avenue,
Yakima, Washington, the legal description of which is set out
hereinbelow, from R-2, Two-Family Residential District and M-
1, Light Industrial District to B-2, Local Business District,
for Class 3 uses of the property as a 24 hour grocery store
and an adjustment of lot coverage requirements, and
WHEREAS, as a result of that hearing, the Hearing Exami-
ner recommended to the City Council that the rezone be granted
and
WHEREAS, at its public meeting on March 15, 1988, the
City Council determined that the recommendation of the Hearing
Examiner should be affirmed, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The decision of the Hearing Examiner, recom-
mending the rezone of property in the vicinity of 2202 West
11110 Nob Hill Boulevard and 1107 South 24th Avenue in the City of
Yakima, Washington, the legal description of which is as
follows:
Parcel A:
The South 132 feet of the North 158 feet of the West
290 feet of the East 315 feet of the Northwest
quarter of the Northwest quarter of the Southeast
quarter of Section 26, Township 13 North, Range 18,
10 quarter
EXCEPT the East 25 feet for street,
EXCEPT portion conveyed to City of Yakima for street
by instrument recorded March 14, 1969, under
Auditor's File No. 2187816, records of Yakima
County, Washington.
Prasch.Ord/B11 1
Parcel B:
The South 84.8 feet of the North 242.8 feet of the
Northwest quarter of the Northwest quarter of the
Southeast quarter of Section 26, Township 13 North,
Range 18, E.W.M.,
EXCEPT the West 460.5 feet thereof, and
EXCEPT the East 25 feet for street.
Parcel C: 110
That portion of the Northwest quarter of the
Northwest quarter of the Southeast quarter, Section
26, Township 13 North, Range 18, E.W.M., described
as follows:
Beginning at a point 198.5 feet East and 26 feet
South of the Northwest corner of said subdivision;
thence South 216.8 feet; thence East 262 feet to the
true point of beginning of the herein described
tract; thence North 84.8 feet; thence West 60 feet;
thence South 84.8 feet; thence East 60 feet to the
true point of beginning.
Parcel D:
That portion of the Northwest quarter of the
Northwest quarter of the Southeast quarter of
• Section 26, Township 13 North, Range 18, E.W.M.,
described as follows:
Beginning at a point 280.5 feet East and 158 feet
South of the Northwest corner of said subdivision;
thence South 84.8 feet; thence East 120 feet; thence
North 84.8 feet; thence West 120 feet to the point
of beginning.
from R-2, Two-Family Residential District and M-1, Light
Industrial District, to B-2, Local Business District, is
hereby affirmed; and that property is hereby rezoned to B-2,
Local Business District.
Section 2. The City of Yakima zoning map is hereby
amended to correspond to the rezone ordained by Section 1 of
•
this ordinance.
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. The remainder of the decisions of the Hearing
Examiner dated February 25 and March 14, 1988 approving the
master application, a copy of which decisions are attached
hereto and incorporated herein, are hereby affirmed together
with their conditions.
Prasch.Ord/B11 2
Section 5. 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 S
day of /9(9{ , 1988.
Mayor
ATTEST:
City Clerk
APR 0 8 1988
Publication Date
4110 Effective Date MAY 0 8 1988
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Prasch.Ord/B11 3
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OFFICE OF HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
PHILIP A. LAMB 311 NORTH THIRD STREET, P.O. BOX 4 (509)248-0706
Ank YAKIMA, WASHINGTON 98907
March 14, 1988
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Glenn Rice, Director •
City of Yakima
Community & Economic Development
129 N. 2nd Street
Yakima, WA 98901
RE: M & E Company
No. UAZO RZ #7-87
Dear Glenn:
Enclosed is my Examiner's Supplemental Recommendation on the
above application, to clarify several issues on this matter.
Sincerely,
Philip A. Lamb
Hearing Examiner
PAL/bf
Enc.
cc w/enc: Mr. Richard Anderwald
Mr. Graham Tollefson
4111
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In Re Master Application )
EXAMINER'S SUPPLEMENTAL 1111
by M & E COMPANY ) RECOMMENDATION
for a Rezone from ) City No. UAZO RZ #7 -87
M -1 and R -2 to B -2 ) Examiner No. 88 -2 -4 •
and for Administrative )
Adjustment. )
After issuing the initial Recommendation on February 25,
1988, I realized that two minor changes are needed so that the
Recommendation reflects what I actually intended.
The first and most significant deals with the site screening
requirement. In the original Recommendation I recommended in
item no. 10 of the conditions that Standard C for site screening
applies to the east, south and west perimeters of the property.
That is in error, in that the west side of the property, along
24th Avenue, is directly across from Ward Plaza and the
Montgomery Ward store. That is zoned B -2, and there is no need •
to buffer this development from Ward Plaza. Accordingly,
Standard C shall continue to apply to the east and the south, but
not to the west. Condition no. 10 should be revised to read in
its entirety as follows:
Standard C for site screening shall apply to the east
and south perimeters of the property, including the
three -foot planting strip in those areas, except where
a reduced height is necessary for clear view or vision
clearance as determined by the City.
The second change is to clarify the administrative
adjustment concerning the sign standard. I had originally
concluded that the sign standard should be administratively
adjusted to permit a total height not exceeding 17.5 feet, and
total sign area not to exceed 58.5 square feet, with no
projection of the sign over any public right -of -way. Permitting
this adjustment was a trade -off, allowing one large sign along •
Nob Hill, with no other signs along 22nd or 24th Avenues. The
clarification is simply that in the event the applicant or
HEARING EXAMINER
EXAMINER'S SUPPLEMENTAL FOR THE
RECOMMENDATION - 1 CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 99907
(509) 248 -0706
1
1111
developer ever chooses to request a modification of this sign
provision, then this adjustment shall be deemed to be nullified,
/11k( and all sign standards shall apply as required by the ordinance.
Vir Accordingly, condition no. 15 should be revised to read in
its entirety as follows:
The sign height may not exceed 17.5 feet, the total
sign area shall not exceed 58.5 square feet, and there
shall be no projection of the sign over any public
right-of-way. In the event of any request to modify
this condition, this administrative adjustment shall be
deemed rescinded, and the sign requirements of the
Urban Area Zoning Ordinance as then in effect shall
control any subsequent signage proposal.
RESPECTFULLY SUBMITTED this day of March, 1988.
PHILIP A. LAMB
Hearing Examiner
HEARING EXAMINER
EXAMINER'S SUPPLEMENTAL FOiR THE
RECOMMENDATION - 2 CITY AND COUNTY OF YAKIMA
F'05T OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
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$ L ti 2 !) ,
In Re Master Application )
.1111 by M & E COMPANY )
) EXAMINER'S RECOMMENDATION
City No. UAZO RZ #7-87
for a Rezone from ) Examiner No. 88-2-4
M-1 and R-2 to B-2 )
• and for Administrative )
Adjustment. )
This is an application by the N & E Company to rezone
approximately 7.6 acres to Local Business (B-2) and for a Class 3
approval to operate a grocery store 24 hours a day, and for
administrative adjustment of the sign standard and lot coverage
requirements. A public hearing was conducted on February 3,
1988. The Staff Report was presented by Mr. John Haddix,
recommending approval. Mr. Mike Mercy and Mr. Bill Huibregtse
appeared on behalf of the applicant. Mike Mercy indicated that
the conditions proposed by the Staff Report were acceptable to
him. Three individuals appeared in opposition to the rezone and
the 24-hour operation of the grocery store, expressing concern
about noise, traffic, the proximity of the proposed grocery store
to the school to the south, the lack of need for another grocery
store and drug store, and expressing concern that any development
would not be compatible with the area. The Examiner inspected
the property twice oo February 3, 19
Summary of Reccmmendation. The Examiner recommends approval
of the rezone application and of the Class 3 use and
administrative innts, with conditions.
From the view of the site, the matters contained in the
official record incing ti e Staff Report, a review of both the
Yakima Urban Acea :::*rehentilve PI an and the Yakima Urban Area
Zoning OtAitta, atH tom evil.enc:: received at the nearing, the
Examiner makes fho
1. 4111 ht1614,1„iati.14.. The M E Company wants to rezone 5.82
HEARING EXAMINER
EXAMINER'S ktc; - 1 FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
1509/ 248-0706
ID
4111
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acres of Two - Family Residential property (R -2) and 1.78 acres of
Light Industrial property (M-1) to Local Business (B -2). The
purpose is to allow construction of a neighborhood shopping area
that will contain a 55,000 square foot grocery store; an 18,000
square foot drug store, and possibly in the future a 4,000 square
foot restaurant. The buildings will be provided with 475 stalls
of parking, with appropriate site drainage and landscaping.
The developer also wants approval to operate the grocery
store 24 hours a day. Twenty -four hour grocery store operations
are a Class 3 use in the B -2 zoning district, according to YMC
Ch. 15.04, Table 4 -1. Class 3 uses are uses that are generally
not permitted but may be allowed by the Hearing Examiner after
Class 3 review and public hearing.
The developer also requests an administrative adjustment of
the Urban Area Zoning Ordinance requirements concerning proposed
lot coverage and signs. The B -2 standard for lot coverage is 80
percent. The developer proposes that lot coverage be increased
to 87 percent. The lot coverage requirements are set forth at
YMC Chapter 15.05, Table 5 -1. Administrative adjustments are
411
permitted pursuant to YMC Chapter 15.10.
The B -2 size and setback requirements for signs are as
follows, pursuant to YMC Chapter 15.08, Tables 8 -2 and 8 -3
Setbacks less than 15 feet from the right - of-way require a
sign that is no more than 40 square feet in area and no more than
15 feet high. SetL6cks which are more than 15 feet from the
right -of -way permit a 60 square toot sign no more than 20 feet
high. The developer, proposes construction of a free -- standing
sign of approximate.' 58.5 square feet, standing 17.5 feet high,
located less than 15 feet from the right-of-way. The ordinance
would permit two r,jns to be located on the project. This
request contemplate Ine sign along Nob Hill, and no other signs
except for those 3 ocat,ed on the buildings themselves.
Administrative adjuent of sign standards is allowed by YMC
15.08.170. •
2. Zoning. and . .. Land _ itse, The proposed development is
EXAMINEE{'` { .,3 i:Y ;, . ' I. - ._ HEAR FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
ISM 248.07O6
41
4111
is
currently zoned M -1 and R ®2. The -1 property has 347 feet of
frontage along W. Nob pill Blvd. This site has been used as
manufacturing area for a local home building firm. The R -2
110 property lies to the south of the 1N ®1 site and extends from So.
22nd Avenue westward to So. 24th Avenue. This site currently
lies as vacant and unimproved property. Surrounding zoning and
• land uses are as follows:
North B -2 Single fa , ily residential
South R -2 Single family residential
elementary school
East B -2 Mixed commercial uses
R -2 Nixed residential uses
West LCC Large retail center
3. Yakima Urba: Area Comprehensive Plano The Development
•
Trends Map indicates the proposed development site as urban and
suitable for a compatible mixture of urban development. The
Optimal Land Use section indicates that the proposed zoning and
land uses are compatible with the LCC district and existing 8 -2
district and their land uses. The proposed zoning and
development can be considered compatible with the M-1 and R -2
• districts and land uses if appropriate site considerations are
implemented to assure compatibility.
West Nob Hill Blvd. is a principal arterial on the Optimal
Arterial Street Plan. South 24th Avenue is a collector and South
22nd Avenue is a local access street: on the Plan.
4. Yakima Urban Area Zoning Ordnance The purpose of the
Local Business D i;. ct: is to provide areas for commercial
activities outside Central hnsiness District which meet the
retail shopping ar; - ery icee needs of the community, and to
accommodate small sca.t commee uses requiring high visibility
and easy access tu; arterials. User characteristic of this
district include sr r. t. retail sA;t.i.6= and service establishments.
YMC 15.03.030W. c st.on: ,,, , d . °i.staut'ants are Class 1 uses
in B - meaning sire 1.;..rnitt ed outright. Grocery stores
open between 6 a , ►r' C.tas ; 2 uses, and 24 -hour
1111 grocery stores are ;. ss ::3 uses. See YMC Chapter 15.04, Table
4 - Permitted Land ,.
HEARING EXAMINER
EXAMINER'S REc.r ',_. oN } FOR THE
CM( AND COUNTY OF YMAIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
18091248-0706
s
11/1
Part of the property is currently zoned Light Industrial,
which permits more intensive commercial uses than 8-2. For
example, a 24-bour grocery store is a Class 2 use in N-1, as
opposed to Class 3 in 8-2, meaning that the standard of review 4 11 0
for approval of a grocery store in Light Industrial is less
rigorous than in the B zone. Most manufacturing uses are
permitted outright in M-1 and are completely prohibited in M-2.
See Table 4-1.
The larger portion of the property, the vacant land to the
south of the United Builders location, is currently zoned R-2,
and if it is rezoned to B-2 will permit many more uses than are
currently permitted. Most commercial and retail uses,
particularly the proposed uses in this instance, are completely
prohibited in R-2.
5. Rezone,Sidteria. The criteria for rezones established
by YMC 15.23.0305 are considered below:
5.1 Th,stimony, Mr. Mercy testified that the
conditions suggested by the staff were acceptable to the
developer. Professional Engineer William Huibregtse, on
4 11 1
behalf of the applik'ant, reviewed some of the technical
details eat the pl particulatty the requirement for
on-site retentio of drainage with slow release into storm
sewers,
Three indiv,uas, heighOorhood 'residents, testified in
r plriary cuilcerns were
related 16sel1C:t- of any need for an
%4 al the :1,(Pdorse impact of
convertirA A :pi 1 ohonijw; the vAkaracter of
the neight hc:Ji.11 opetation of the grocery
store, t ,,1 ,oe ti.afio related to
supp H: ion of the
noema
;.'L 1 noise,
t ne. ghl
reside al area would increase
1111
st prObl ems
HEARING EXAMINER
EXAMINI;,.k FOR THE
.ri*r AND COUN•Y OF YAKIMA
POST OFFICE BOX 4
yAK.MA. WASHINGTON 98907
48091 248.070e
1
particularly when the adjacent school has athletic events,
The grocery store would probably be selling alcoholic
beverages, which would perhaps cause problems With the
4111 neighboring school also, although there was no input from
the school district other than their response to the staff
inquiry that they had no co ent. The neighbors were also
• in agreement that there are already a large number of
grocery stores and drug stores in the Yakima area, that they
did not feel that there was the need for more, particularly
when it meant converting a large open area which has been
appreciated for many years by neighboring residents. Since
Nob Hill Blvd. is already zoned B -2 on both sides of the
street, the feeling was that there is not any need for
additional commercial property in the area.
5.2 Suitability 4f the Property. The land is
generally level, sloping uphill to Nob Hill Blvd. The soil
survey commissioned as part of the expanded environmental
checklist and included as part of the official record
• indicated that there were no known problems with the site.
5.3 Agency Recommendations. There were no negative
agency recommendations. Concerns were expressed concerning
disposal of storm drainage and access from Nob Hill, but
those concerns are dealt with in every proposed development
and do not pose any unique problems to this site
5.4 Compliance With Comprehensive Plan and Zoning
Ordinance. The criteria for current commercial development
are summarized in the Comprehensive Plan Summary at page 27.
These criteria are intended, to encourage the continuance or
expansion of existing businesses within the urban area. New
commercial development is expected to promote the
development of the Central Business District and associated
peripheral activities, to strengthen existing commercial
areas, to conveniently serve the area's population, to not
4111 infringe on other intensity uses in a conflicting manner,
and to provide the opportunity for expansion and
HEARING EXAMINER
EXAMINER'S RECOMMENDATION ® 5 FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
1500) 246 -0706
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41/0
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diversification of business in the are With one •
exception, these criteria are clearly met. That exception
is whether this propoaal impermissibly .conflicts with
neighboring residential uses.
Conflict necessarily results along zoning boundaries.
This area borders the cohercial zoning which parallels Nob
Hill Blvd., and therefore the nearby houses will inevitably
be affected, perhaps adversely, by being close to a
commercial zone. Certainly in comparison to the way things
have been, a development will increase noise and traffic.
The question is whether the development which will be
permitted by this rezone will unacceptably increase the
adverse impact which would result from any development, even
that permitted under the current R -2 zoning designation for
the open land. None of the property is currently developed
to the residential density permitted by the current zoning.
A number of single family houses currently exist in this R ®2
• zone, although 12 dwelling units per net residential acre
are permitted as a Class 2 use in R -2, and up to 18 dwelling 1110
units per net residential acre are permitted as a Class 3
use. Any development of this magnitude, given the
relatively undeveloped and low density population of the
area, will have slyn,ificunt adverse impacts, at least
compared to what the residents are used to.
The potential problems or conflicts which have been
identified by home of the residents can be mitigated by
providing adeq9.i;,:e on-site parking, shielding lights to
reduce glare enclosing machinery rooms and outdoor
equipment, and inclosing aI garbage disposal facilities.
The Land Use ompat :.ibi l it.y° Chart at page 24 of the
Compr hen. ve Summary reflect : that moderate density
residential us per#ni.ttod. by the R-2 zone are compatible,
with app crc•ib.. site considerations, with auto- oriented
commercial day � meilt.. The intent of the Urban Area Zoning
111
Ordinance can gathered in part from the purpose for the
EXAMINER'S Wt , ..: r1 .`'`'' h' L r k)N 6 HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
TAX IMA, WASHINGTON 09907
(609) 249 -0706
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Local Business District or B-2 zone, which has been set
forth in paragraph 4 above. It also can be fairly stated
that the intent of the ordinance is that rezones shall only
• be granted after consideration of the criteria set forth at
YMC 15.23,.030.5, of which this item, compliance with the
Comprehensive Plan and the intent of the zoning ordinance,
• is a part. The objective is to balance the broad guidelines
set forth in the Comprehensive Plan with the more detailed
provisions of the zoning ordinance to reach a determination,
after reviewing the characteristics of the neighborhood, the
proposed development, and public opinion, as to whether or
not this rezone and proposed development is appropriate.
One of the special factors in this case is that the
direct adverse impact of any commercial development is
limited to a relatively small number of houses. The north
side of the property is entirely bordered by business
development. The south side of the property borders a
school for the most part, together with one residence. That
4111 house, plus the houses to the east and west of the vacant
land, are the ones which will bear the brunt of any adverse
impact. The situation would be entirely different if this
were a small portion of land being developed in a completely .
single - family residential neighborhood. Subject to
implementation of a number of conditions to be set forth
herein, this proposal will comply with both the goals and
policies of the Comprehensive Plan and the intent of the
Urban Area Zoning Ordinance.
5.5 Adequacy of. Public - Facilities. All public
facilities, such as roads, water and various utilities,
including public transportation, are in place and adequate.
5.6 Compatibility. Compatibility has been addressed
above, particularly in paragraphs 4, 5.1, and 5.4. This
proposal will dearly create far more traffic in the area
1111 than the residents have been used to. The facilities for
handling that traffic, including access from Nob Hill Blvd.
HEARING EXAMINER
EXAMINER'S 1EuOMt .F1 tr ".T i ON W ! FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
410 •
and on -site parking, are adequate to deal with the physical
flow of traffic. The noise factor is something which will
inevitably be there, and will be far more than what the
neighbors are used to, since this is development of vacant
land and not a conversion from a pre - existing use. There is
no evidence to suggest that the noise to be generated by the
proposed development is in excess of that which would be •
permitted by other permissible developments, the projected
increased noise is not unusual or different from the
character of traffic noise already generated in the area,
and the size of the proposed rezone, together with the
conditions to be imposed, will further buffer and mitigate
adverse impacts of the development.
5.7 Public geed. Market studies submitted with the
proposal indicate that there is a market demand for this
development, which was controverted by local residents.
Obviously the developer perceives a demand, or it would not
be interested in making the capital expenditures necessary
to develop this property. Public need, however, also •
requires a balancing of public need with public cost or
other adverse impact to the public. This proposal complies
with the goals and policies reflected in the Comprehensive
Plan and the zoning ordinance, to locate retail businesses
near arterials while minimizing the impact upori residential
areas. Since public facilities are adequate, there will not
be any significant costs incurred by the City or other
governmental entities in permitting this proposal; weighing
all of the facts set forth with respect to the various
criteria to be considered in recommending a rezone, there is
no compelling r.ezason to prohibit the rezone, and therefore a
public need does exist.
6. Admini,stra .,;i,ve Adjustment of Sign Standard., The facts
supporting the requ,r >:_t for administrative adjustment of the sign
standard, and the applicable ordinance section, are set forth in
1 11 0.
paragraph 1. Permitting a larger free-standing sign, closer to
HEARING EXAMINER
EXAMINER'S g ECO m.IthN LON - 8 FOR THE
CITY AND COUNTY OF VAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98807
(509) 248 -0706
•
Nob Hill Blvd., which is commercially developed, is preferable
to permitting signs on either 22nd or 24th Avenue, with their
single - family residences. The administrative adjustment is
• granted.
The authority for adjusting the lot coverage requirement from the
80 percent maximum permitted in B -2 to the requested 87 percent
is set forth in paragraph 1. The adjust in this instance
permits provision of additional off - street 'parking, and will be
mitigated to some extent by the requirement for landscaping and
the imposition of site screening Standard C on the east, south
and west property perimeters. Standard C is set forth at
YMC 15.07.040, and requires a six -foot high, view - obscuring fence
made of wood, masonry block or slatted chain link. A three -foot
wide planting strip landscaped with a combination of trees,
shrubs and ground cover along the outside of the fence is also
required on the east and west sides, adjacent to the sidewalks,
and will be required as a condition of approval along the service
• alley on the south side to buffer this development from the
school and residence located on the south. Table 7 -1, YMC Ch.
15.07, sets forth the required site screening between uses and
development, and reflects that Standard C is required between B-2
and R -2 zones. This standard does not apply along Nob Hill Blvd.
The administrative adjustment, increasing lot coverage to 87
percent, is approp' l ': is .
8. Class 3 ..u 4 : - i ew►... Hour f)Rera , un. Class 3 review
of a proposed use i lover.ned by YMC Ch. 15.15. Twenty -four hour
operation of a gt r.y store is a Class 3 use in the 13 -
district, pursuant ?.. YMC Ch. 1.5.04, Table 4 - -1. The size of the
parcel involved, i loc at.i and the direct traff:ic, access to
Nob Hill 81vdv , '. T +1?r wi_ti the conditions to be imposed,
including s i t e s ryc1 s u f f i c i e n t l y mitigate any adverse
impact on tI m ; . number of houses in the area, all as
• previously desc.r:.hd a in t:s.r-�, tetail. hc,J:!in. Twenty° -four hour
operation is aprov
HEARING EXAMINER
EXAIIINFb K }::, %s ll', 1. %.iv FOR THE
Cf1Y AND COUNTY OF YAKIMA
PST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
18091 248 -0708
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9. ZniimmafinIAlItailimu A Determination of Non-
Significance was issued on or about February 16, 1988.
7. public Notice. Public notice of the hearing before the
Examiner has been provided as follows:
January 6, 1988 Publication in newspaper.
January 13, 1988 Property posted.
January 20, 1988 Mailed to adjacent property owners. •
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 Local Business District (B-2); any
problems with neighborhood compatibility can be resolved; and a
public need does exist for the proposed change.
3. The lot coverage standard is adjusted from 80 to 87
percent.
4 111
4. • The sign standard is administratively adjusted to the
extent that sign height may not exceed 17,5 feet, the total sign
area shall not exceed 58.5 square feet, and there shall be no
projection of the sign over any public right-of-way.
5. Twenty-four hour operation of the grocery store is
permitted as a use.
6. All noti, ot the o.i:dinance have been
complied with.
Based upon the foregoing t1 Iidifl(j tJ ConcAnsions, the
Examiner submits to tre Yakima City Council the foilowlng
RECOMMENDATION
Approve ibis !:ezone appiioation, both adwinisttive
adjustments, %•o,1 th tass 3 tle ,As retected in the Concinsions
above, subject to toliowinyi e,:,ndltions;
1. That: preparation, if subsurface gasoline is
discovered, the eq:,p3x2ant will notify the City's Hazardous
HEARING EXAMINER
EXAMINER'S - R.E. - 0 FOR THE
crry AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 24a-0706
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Materials Team immediately and in the event that etandby Service
is required, the applicant will pay for the etandby service
• provided.
2. The realignment, reconstruction and connection to the
County D.I.D. is subject to the approval and direction of the
Yakima County Public Works Department.
Ilk 3 . The number and placement of fire hydrants shall be at
the approval and direction of the City Code Manager.
4. That fire flow shall meet the minimum City standards
and be approved by the City Code Manager.
5. That prior to connecting to City utilities, all rates
and charges shall be paid to the City.
6. That all utility services shall be placed underground.
7. That a detailed landscaping plan and underground
irrigation system be submitted prior to issuance of a building
permit.
8. That additional street lighting be provided for and
installed on 22nd Avenue and 24th Avenue by the applicant at the
110 approval and direction of the City's Traffic Engineering
Division.
9. That on -site drainage calculations and design be
prepared by the applicant and submitted for review and approval
by the City Engineer.
10. Standard C for site screening shall apply to the east,
south and west peritrtAers of the property, including the three -
foot planting strip those areas, except where a reduced height
is necessary for c3.Ea.e.,, view or vision clearance as determined by
the City.
11. That the number and p1.a+: . ment. of all handicapped
parking stalls be conformanoe with state laws and at the
approval and d.irEtctiC :; of the City Cute Manager.
12. That the ; i i.very a:t i.e / way shown at the rear of the
property (south be widened to 2i) feet the full length of the
alley way from South 22nd Avenue to youth 24th Avenue.
13. That the aley way he signed as one-way entrance only
HEARING EXAMINER
• EXAMINER'S RE(.:)Mi"3ENI ON - 11 FOR ME
cm( AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(5091 248 -0708
•
•
from South 22nd Avenue and signed one -way exit only at South 24th
Avenue.
14. That the entire project, when completed, does not
exceed a total of 87 percent lot coverage.
15. The sign height may not exceed 17.5 feet, the total
sign area shall not exceed 58.5 square feet, and there shall be
no projection of the sign over any public right -of -way.
16. That the removal of all existing buildings be in
accordance with state and local building disposal laws.
17. That all garbage storage or dumpsters be screened on
all sides with a minimum of a six -foot high, view - obscuring
barricade, that all containers be covered.
18. That any outdoor heating, ventilation or air
conditioning equipment be screened with a six -foot, view -
obscuring barricade.
19. That all exterior lighting be screened to eliminate or
reduce as far as practicable glare on adjacent properties.
Respectfully submitted this _ 2 S" day of February, 1988.
4 11 1
Y 1)
PHI LT P A . . 8
Hearing Examinei
•
_ HEARING EXAMINER
EXAMINER'..; <;�� .. '';'':.Ll�d %iti G FOR THE
crrY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(809) 248 -0709
110
i