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HomeMy WebLinkAboutR-1991-D5863 Rezone / Hearing ExaminerRESOLUTION NO. D-5863 A RESOLUTION upholding the Hearing Examiner's decision in a Class 3 Application by Donald D. Martin and denying the appeal of Donald D. Martin to the Hearing Examiner's decision. WHEREAS, on October 3, 1990, the Hearing Examiner held a hearing on a Class 3 Application by Donald D. Martin for eight apartment units in a R-2 zone at 1211 King Street, Yakima, Washington; and WHEREAS, as a result of that hearing, the Hearing Examin- er recommended approval of the project based upon certain conditions; and WHEREAS, the applicant appealed condition 3C of the Hearing Examiner's decision to the City Council; and WHEREAS, on November 27, 1990 the City Council held a public meeting to consider the appeal of Donald D. Martin, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The decision of the Hearing Examiner in the Class 3 Application by Donald D. Martin for eight apartment units, Examiner's Decision, City UAZO CL3-19-90, Examiner No. 190-1- 64, is upheld in its entirety, a copy of said decision is attached hereto, identified as Exhibit A, and incorporated herein by reference as if fully set forth, and the applicant, Donald D. Martin's appeal is denied. This action of the City Council shall be final and con- clusive unless within 30 days from this date an aggrieved party obtains an appropriate writ of judicial review from the (res/1211king.jt) Yakima County Superior Court for the purpose of review of the action taken. ADOPTED BY THE CITY COUNCIL this 15th day of January, 1991. ATTEST: ,4 City Clerk 2 (res/1211king.jt) Mayor CITY OF YAKIMA r Cable TV 575-6092 Code Administration 575-6121 Housing 575-6101 Planning 575-6113 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET CITY HALL, YAKIMA, WASHINGTON 98901 (509) 575.8113 SCAN 2784113 FAX 5754105 NOTIFICATION OF HEARING EXAMINER DECISION On October 8, 1990, the Yakima Hearing Examiner rendered his decision on the request of Donald D. Martin for a Class (3) review for the proposed construction of an eight unit apartment complex to be located at 1211 King Street, Yakima, Washington. The matter was reviewed at a public meeting held by the Hearing Examiner on October 3, 1990. A copy of the Hearing Examiner's Findings and Decision is enclosed. Any part of the Hearing Examiner's decision may be appealed. Such appeal shall be filed within fourteen (14) days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division. For further information or assistance you may contact Joan Davenport, Supervising Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575-6164. :,)--?. 2,. 51) ---- Don S. Skone Planning Manager STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAIUNG ' O4o CLC P)- M. so I, Alice Klein as an employee of the Yakima City Pianni Depart nt, haves dispatched through the United States Mails, a Notice of ='^`''`' the Yakima City Hearing Examiner, a true and corr- ,co•y of whk:h is enclosed herewith; that said notice was addressed to all r =-•`-'-` of record -v4144 a-r-ediros-ofi;al-prepe - ecs-ar'e Individually fisted on the mailing list retained by the Planning Department and that said notices were mailed by me on the c day of That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Alice Klein Class 3 Application by DONALD D. MARTIN for Eight Apartment Units in R-2. SUMMARY OF EXAMINER'S DECISION City: UAZO CL3-19-90 Examiner No. 190-1-64 This summary of the Nearing Examiner's decision provides complete details of the actual conclusions and decision, but does not include all of the findings or reasoning involved. You may obtain a complete copy of the decision, free of charge, by calling the City Planning Department at 575-6113. Applicant: Type of Application: DVXMARI Donald D. Martin. Class 2, forwarded by the Administrative Official for public hearing by the Examiner. Location: 1211 King Street. Yakima County Assessor's Parcel No. 181336-22489. Date Decision Piled: Current Land Use: Proposed Land Use: Current Zone: Decision: October 8, 1990. Vacant. Eight unit apartment complex. Two -Family Residential (R-2). 1. The application complies with the objectives of the Urban Area Comprehensive Plan, the intent of the R-2 zoning district, and the provisions of the Urban Area Zoning Ordinance. 2. The application is approved, including adjustment of lot coverage to 55 percent, subject to the following conditions to be completed by the developer: A. A six foot high wooden fence along the east property line. B. Illumination of the building and the frontage along King Street, with private lighting rather than a street light. EXAMINER'S SUMMARY - 1 HEAPING EXAMINER FOR THE cRY AND COUNTY OF YAK Mi POST OFFICE SOX 4 YAKMA. WASHINGTON 989' 1509) 248-0706 C. Improvement of King Street to its full width, with curb and gutter, but without sidewalk, from the property's west side, adjacent to the Viking Home Apartments, running east to and including the intersection with 13th Avenue. Street improvements will be designed by a professional engineer and approved by the City. The curb cut for the project shall have commercial radius returns. D. City Engineer approval of water and sewer line plans and profiles, including easements; on-site drainage control plan; and relocation of the private irrigation system. E. The dumpster location shall be screened with a six foot view -obscuring fence. 3. A final site plan, which includes the items: shown on the original site plan, the additions or modifications required by this 'ecision, and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Department prior to issuance of a certificate of zoning review or building permit, pursuant to YMC 15.12.050. 4. This decision entitles the applicant to a Certificate of Zoning Review, which is valid for one year from the date of issuance of the Certificate. The Certificate may be extended one time only for up to one additional year by application prior to the termination date, all as set forth in YMC 15.12.060. Examiner: EXAMINER'S SUMMARY - 2 HEARING EXAM PIER FOR THE CITY mo COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASP IP GTON 96907 t°,SO9) 2480706 Class 3 Application by DONALD D. MARTIN for Eight Apartment Units in R-2. EXAMINER'S DECISION City: UAZO CL3-19-90 Examiner No. I90-1-64 The Examiner conducted a public hearing on October 3, 1990. The staff report presented by Ms. Joan Davenport recommended approval subjer't to a number of conditions. A significant number of neighbors testif is d in opposition, expressing concerns primarily about traffic, crime, street conditions, and street lighting. Mr. Don Martin and the prior owner of the property spoke in favor of the proposal, as did Mr. Martin's contractor. The Examiner inspected the property October 3, and again on October 4, 1990. pt7X ARY OF DECISION. The application is approved, subject to conditions. 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: 7INDING@ i. Applicant. Donald D. Martin. 2. Location. 1211 King Street. -Yakima County Assessor's Parcel No. 181336-22489. 3. Application. Class 2, forwarded by the Administrative Official for public hearing by the Examiner. In the R-2 zone, zero to seven dwelling units per net residential acre are treated as a Class 1 use. Because this is .78 acre, and because the applicant EXAMINER'S DECISION - 1 NEARING EXAMINER FOR THE CRY AND COUNTY OF YAKMA POST OFFICE 80X 4 YAKMA. WASHINGTON 90907 1509) 248-0706 is seeking more than the Class 1 level of density„ his eight requested units kick this into Class 2 review, which covers 7 to 12 dwelling units per net residential acre. Class 2 uses are generally permitted, but subject to compatibility considerations. YMC 15.04.020.2. A large number of signatures were submitted on a petition which among other things requested an evening hearing in order to allow neighborhood residents to participate and voice their concerns. Since adoption of the Urban Area Zoning Ordinance in 1986, the Examiner has conducted either afternoon or morning hearings, during normal working hours. This admittedly does cause problems for people who ar( unable to obtain leave from work to testify. However, written commeits are given the same weight as oral comments; having daytime hearings avoids paying government staff overtime and in general reduces the cost of processing land use applications. If at any time there is a concern that the varying viewpoints have not been reasonably articulated the Examiner presumably has the discretion to schedule: an evening hearing. In this instance, after reviewing all of the written material, listening to the testimony, and viewing the site twice, the Examiner is persuaded) that the neighborhood concerns have been well stated and forcefully argued by the individuals who did write and those who attended the hearing. Further testimony from the neighborhood would undoubtedly establish that a large number share the concerns expressed at the hearing, but the testimony would more probably than not be repetitive and cumulative. Accordingly, an evening hearing is not considered necessary. .1. Proposed Use. Eight unit apartment complex. S. current zoning and Use. The subject site is 0.78 acre and is zoned Two -Family Residential (R-2). The site is presently vacant and measures 117.75 feet of frontage along Ring Street and 287 feet of lot depth. Adjoining properties have the following characteristics: EXAMINER'S DECISION - 2 if - NEARING EXAMINER FOR THE cinf AND COUNTY OF YAKMA POST OFFICE DOX 4 YAKMA. WASNlNGTON 08907 (509) 248-0706 Location East North (on Mead) South of King St. West West of site Zoning R-2 R-2 R-1 R-3 R-3 Existing Use Single -Family Single -Family Single -Family Viking Home Apartments (6 units) Fox Run Apartments, Quint Apartments The subject site, although zoned R-2, borders Single -Family Residential (R-1) and Multi -Family Residential (R-3) zoning districts. The subject area should be considered a transitional area between the R-1 and R-3 zoning districts. 6. prosect Description. The proposed development consists of eight apartments to be located in two single -story buildings. Each unit will have a one -car garage; eight .additional parking spaces will be provided at the rear of the site, on the north end. One driveway is proposed into the site from King Street, going down the middle of the lot, with two-way travel lanes serving the interior. The applicant requests administrative adjustment of the lot coverage requirement in the R-2 zoning district, from 50 percent to 55 percent, in order to accommodate additional parking. Twelve parking spaces are required and could be accommodated without a lot coverage adjustment. By allowing the adjustment, additional on-site parking can be provided. This project is directly east of the existing Viking Home Apartments complex. Viking Home consists of apartment units in several buildings located on King, as well as on Mead. The lot on which the Viking Home units sit extends south from Mead to King. In the middle, between the basically two separate Viking Home complexes, is a large grassy park area in good condition which will be adjacent to the north end of this proposed project. The common owner, Mr. Martin, proposes linking the two together, by simply putting a gate in the fence, so that children in the new project can play in the adjacent park and play yard of the Viking Home complex. Although not legally tied together or required, the effect of this arrangement will be to substantially increase the effective open space for the proposed project. EXAMINER'S DECISION - 3 HEARNG EXAMINER FOR THE cT AND COUNTY OF YAKMA POST OFFICE BOX 4 YAK MA. WASHINGTON 90907 1509) 24B 0706 6.1 Utilities. A six inch water main is located in King Street, which will have to be extended by the applicant pursuant to city specifications. It may have to be looped since dead-end lines are not recommended by the City. A private irrigation line runs across the property, and it will have to be relocated by the applicant. 6.2 Streets. This project fronts on King Street. Ring runs east and west, and is the north terminus for 13th, 14th, and 15th Avenues. King is only two blocks long. This project is between 13th and 14th, on the north side of King. Between 14th and 15th, Ring is a half street, with curb and gutter on the south side. Moving east from 14th, King is a half street but quickly becomes a full street, witn c1ir.N and gutter, in front of the Viking Home Apartments, also owned by Mr. Martin. This project is on the east side of the Viking Home Apartments complex. At this point King is a half street, still with curb and gutter on the south side. For essentially two more lots, King extends east as a half street, connecting to 13th Avenue. Four houses gain access from this short area of Ring. Two are on the north side of the half street adjacent to the intersection of 13th and King. One more is located east of the other two, and one is located directly east of 13th, but with access onto a platted but undeveloped 25 foot wide city right-of- way used basically by three of the four houses. The city right-of- way is an easterly extension of King, and dead -ends on the east property lines of these houses. The City right-of-way maps indicate that the City has 50 feet of right-of-way all along Ring, between 13th and 15th. The 25 foot right-of-way extends east from Ring and serves no useful purpose since property further east is developed as a mobile home park and the street cannot be extended further east. Two private yard lights are mounted on poles on the Viking Home property, one on the east and one on the west side of the parking lot directly north of King. A street light is located at the intersection of 15th and King, and also at the intersection EXAMINER'S DECISION - 4 AiMARWG EXAMINER FOR THE CRY AND COUNTY OF YA IMA POST OFFICE BOX 4 YMCPAA. WASHINGTON 9890' (509,248-0706 r^• •-; of 14th and King. No street light is in the vicinity of 13th and King. There are no sidewalks on any of these streets. The only street providing access to 13th, 14th, 15th, and King, is Pierce, and although paved with curb and gutter, it does not have sidewalks either even though it is a direct route to Lewis & Clark School. 7. Yakima Urban Area Comprehensive Plan. The plan's Optimal Land Use Element provides policy guidelines for evaluating the location of proposed developments. This is treated asa small, moderate density development, which the plan considers compatible with the R-2 zoning, and also compatible with both low density and h5gh density residential uses (Plan, OLU-1 and 15). Criteria for allow:.n' moderate density residential development, as identified by the plan, include consideration of traffic impact upon streets by providing sidewalks, adequate off-street parking, and utilities (Plan, OLU-15). The site is served by public utilities. There are no sidewalks anywhere in the area. To require a sidewalk here, although recommended by staff, is not as practical a requirement as requiring upgrading of King Street. King clearly needs improved. Since this is the last piece of ground to be developed in this neighborhood, this is the last chance to improve King. Installing a sidewalk here will not result in installation of sidewalks anywhere else in the neighborhood. Building lighting and improvement of King Street to a full width paved road connecting to 13th Avenue will meet the compatibility concerns expressed in the plan. Nevertheless, neighbors will probably still have concerns over the volume and speed of traffic, coupled with the fact that King Street to the west, between 14th and 15th, will still be unimproved. 8. Yakima Urban Area Boning Ordinance. This project meets the development requirements of the ordinance. It complies with setback, parking, and sitescreening requirements. Mr. Martin is willing to build a six foot high solid wooden fence on the east, screening this project from the adjacent single-family uses. A EXAMINER'S DECISION - 5 HEARING EXAMINER FOR THE CITY ANC COUNTY OF YAKMA POST OFf10E BOX 4 YAK MA. WASH P' GTON 88807 (508) 248-0706 fence of this type is more than is required by the ordinance, although it can be required by the Examiner due to compatibility considerations, and will be required in this instance. The only issue in which this project differs from the zoning ordinance is that of lot coverage, meaning that amount of the lot which can be covered by impervious surfaces, such as buildings or pavement. The standard is 50 percent. The applicant requests administrative adjustment to allow 55 percent lot coverage. This permits the applicant to provide more than the minimum required parking. Five criteria for administrative adjustments are listed in SfMC 15.10.020. Twl of the criteria apply, namely the ability to coordinate site feati.ces with surrounding land uses and allowance for flexibility of design. This project is a buffer between single-family housing and multiple unit apartment buildings. This particular project will tie in with the project owned by the applicant immediately to the east, which has a large amount of open area, which somewhat offsets allowing higher coverage on this parcel. Allowing more off-street parking reduces the impact of this project on nearby single-family housing. Off-street parking is a significant concern for the neighbors as expressed at the hearing. The additional coverage for parking will occur at the rear of the lot, away from the normal view of the neighborhood. Much of the neighborhood concern dealt vith the interrelated issues of crime, drugs, traffic, type of expected tenant in this project, and the resultant impact on adjacent property values. Street improvements and on-site lighting will help deal with some of the physical issues. But the concerns really being expressed are social concerns that all of us as a society are grappling with. This site is zoned for this kind of a project. The only reason a public hearing and any public input is involved is because the applicant wants two more units, in addition to the six he can put in as a matter of right. The cumulative impact of two more units is insignificant, even though the neighbors' concerns about EXAMINER'S DECISION - 6 HEARD G EXAM, FOR THE CITY AND COUNTY OF YAKCdA POST OFfiCE BOX 1 YAKMA. WASHINGTON 98907 MO9) 248-0706 maintaining a safe neighborhood are certainly significant. 9. State Environmental Policy Act. This project is exempt from review under the State Environmental Policy Act, since it is below the City of Yakima flexible threshold for SEPA, as established in YMC 6.88. 10. Public Notice. Notice of this public hearing was given in the following manner: September 20, 1990 - Posting of property. September 21, 1990 - Legal ad published. September 21, 1990 - Property owners within 300 feet mailed notice. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has ju.isdiction. 2. For the reasons stated iie:ein, the application complies with the objectives of the Urban Area Comprehensive Plan, the intent of the R-2 zoning district, and the provisions of the Urban Area Zoning Ordinance. 3. The application is approved, including adjustment of lot coverage to 55 percent, subject to the following conditions to be completed by the developer: A. A six foot high wooden fence along the east property line. B. Illumination of the building and the frontage along King Street, with private lighting rather than a street light. C. Improvement of King Street to its full width, with curb and gutter, but without sidewalk, from the property's west side, adjacent to the Viking Home Apartments, running east to and including the intersection with 13th Avenue. Street improvements will be designed by a professional engineer and approved by the City. The curb cut for the project shall have commercial radius returns. D. City Engineer approval of water and sewer line plans and profiles, including easements; on-site drainage control plan; and relocation of the private irrigation system. E. The dumpster location shall be screened with a six EXAMINER'S DECISION - 7 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKMt POST OFFICE aOx 4 eAKMA. WASHINGTON 98S foot view -obscuring fence. 4. A final site plan, which includes the items shown on the original site plan, the additions or modifications required by this decision, and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Department prior to issuance of a certificate of zoning review or building permit, pursuant to YMC 15.12.050. S. This decision entitles the applicant to a Certificate of Zoning Review, which is valid for one year.from the date of issuance of the Certificate. The Certificate may be extended one time only for up to one additional year by application prior to the termination date, all as set forth in YMC '5.12.060. DATED this ''r".day of October, 199u. PHILIP A. LAM Hearing Examiner 1 EXAMINER'S DECISION - 8 HEAR PAG EXAM PI- . FOR THE CRY ANO COUNTY C.)F YAKI A P09T OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248-0706