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