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Home My WebLink AboutR-1991-D6004 Appeal / Hearing / Schmidt-Tatro / TexacoRESOLUTION NO. D-6004 A RESOLUTION reversing the decision of the Hearing Examiner and adopting the Findings and Conclusions in the matter of the application of H. E. Schmidt and Dean Tatro on behalf of Texaco Refinery and Marketing, Inc. for 24 hour operation of a gaso- line station and convenience store. WHEREAS, a public meeting was held on October 1, 1991 after due and proper notice at which the City Council consid- ered the appeal of applicants H. E. Schmidt and Dean Tatro on behalf of Texaco Refining and Marketing for Class 2 operation ofa -);1 hour gasoline station and conven, ence store; and WHEREAS, at said meeting, City. Council listened to a presentation of its staff, heard arguments of -the applicants and their counsel, and deliberated in public session; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Pursuant to Section 15.16.050E of the City of Yakima Municipal Code, the City Council makes the following findings, conclusions, and decision in the above -entitled matter. FINDINGS (1) The Council adopts and Incorporates by reference herein the Hearing Examiner's Findings No. 1 through 7 found in the attached and incorporated copy of the Exam- iner's Decision in this matter. Citv No. UAZO APPEAL #1- 91, Examiner No. 191-1-34. (2) The above -referenced Hearing Examiner's Decision does not contain sufficient proof that the use requested by applicant would cause a significant increase in traf- fic conflicts to the 40th Avenue and Fru.:?tvale Boulevard intersection. The addition of a 24 hour convenience store to the site more than likely will result in the existing flow of customers purchasing fuel as well as convenience store items rather than a net increase in customers. (3) The Citv's Urban Area Comprehensive Plan is intended to encourage the continuation of small busines- ses. (4) The north driveway serving the property is 143 feet from the center of the 40th Avenue;Fruitvale inter- - 1 - (res; texaco . jv ) section which exceeds Washington State's standards of a minimum of 130 feet. The removal of the north curb cut on the subject property would destroy its economic via- bility as a service station and convenience store. The applicant has offered to designate both driveway curb cuts onto the subject property as right turn only. The Council finds that such a designation should be a condi- tion to the granting of the Class 2 review requested in this appeal as such a right turn only designation will reduce any potential for traffic conflict at the adjacent intersection. (5) The Council members participating in the deci- sion in this matter have had no ex parte contacts with any of the parties involved in this appeal. CONCLUSIONS (1) The Citv Council has jurisdiction over this matter. (2) Due and proper notice has been given of these proceedings. (3) The Class 2 application for 24 hour operation of a gasoline station and convenience store complies with the objectives of the Urban Area Comprehensive Plan, the intent of the SCC Zoning District, and provisions of the Urban Area Zoning Ordinance. (4) The decision of the Hearing Examiner in his above -referenced decision is hereby reversed and the decision of the City Council found in this resolution, together with its conditions, is hereby substituted in its place. DECISION The application for 24 hour operation of a gaso- line station and convenience store is granted subject to the following conditions: (a) That applicant designate both existing curb cuts on its property as right turn only and maintain such designation in a readable fashion for its customers. (b) That the convenience store use, which is hereby allowed on the premises, be limited to the areas formerly used as vehicle service bays in the existing building. (c) No additions or enlargements shall be made to the existing building other than to the service bays for the permitted use. (d) That this resolution shall have no effect until applicants H. E. Schmidt, Dean Tatro, and Texaco Refining and Marketing, Inc. sign the sub- joined statement agreeing to the terms and condi- tions of this resolution. 2 (res/texaco.jv) (e) Nothing in this decision shall prevent installation of proposed water and sewer lines to the existing building. ADOPTED BY THE CITY COUNCIL this 8th day of October 1991. ATTEST: cwt. City Clerk Mayor Applicants, H. E. Schmidt, Dean Tatro, and Texaco Re- fining and Marketing, Inc. hereby accept and agree to the terms and conditions of this resolution. H. E. SCHMIDT DEAN TATRO /'c TEXACO REFINING AND :MARKETING INC. Its: da.97 -C ✓' i 44, SI -2,d / - 3 - (res/texaco.jv) (e) Nothing in this decision shall prevent installation of proposed water and sewer lines to the existing building. ADOPTED BY THE CITY COUNCIL this 8th day of October 1991. ATTEST: City Clerk /1.t Mayor Applicants, H. E. Schmidt, Dean Tatro, and Texaco Re- fining and Marketing, Inc. hereby accept and agree to the terms and conditions of this resolution. DEAN TATRO TEXACO REFINING AND MARKETING, INC. Its: - 3 - (res/texaco.jv) (e) Nothing in this decision shall prevent installation of proposed water and sewer lines to the existing building. ADOPTED BY THE CITY COUNCIL this 8th day of October 1991. ATTEST: Mayor City Clerk Applicants, H. E. Schmidt, Dean Tatro, and Texaco Re- fining and Marketing, Inc. hereby accept and agree to the terms and conditions of this resolution. H. E. SCHMIDT DEAN TATRO TEXACO REFINING AND MARKETING, INC. Its: - 3 - (res/texaco.jv)