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HomeMy WebLinkAbout1996-052 Rezone 0 ORDINANCE NO. 96 - 52 n' 5.69 acres located in the vicinity AN ORDINANC rezoning 5 6 c es c ty of 5104 West Nob Hill Boulevard from Suburban Residential (SR) to Multi - Family Residential (R -3) and amending the zoning map of the Yakima Urban Area accordingly WHEREAS, on April 11, 1996, the Hearing Examiner conducted a duly convened public hearing on the application submitted by Ron Knight and Ron Coleman (UAZO RZ #8 -95) requesting amendment of the Official Yakima Urban Area Zoning Map with- in the City of Yakima and rezone from Suburban Residential (SR) to Multi- Family Resi- dential (R -3) of 5 69 acres located in the vicinity of 5104 West Nob Hill Boulevard, comprised of Yakima County Assessor's Parcel #181328- 41400, (referred to below as "the Subject Property "), and WHEREAS, as a result of that hearing and review of the record, and subject to the condition specified on pages 10 -11 of the Hearing Examiner's Recommendation that a development agreement executed by the property owners and runrung with the land shall be recorded creating certain building setbacks, the Hearing Examiner recommend- ed to the City Council that the requested rezone be granted, and WHEREAS, subject to the condition based on a development agreement stated above, the Subject Property is. (1) suitable for uses permitted in the Multi - Family Resi- dential (R -3) District and (2) compatible with the neighborhood, (3) there exists a public need for the proposed rezone and (4) since the existing zoning was established circum- S stances have changed and now make the proposed rezone appropriate, and (5) the pro- posed rezone is consistent with and complies with (a) the requirements and considera- tions set forth in Yakima Municipal Code Chapter 15.23 (b) the goals and policies of the Yakima Urban Area Comprehensive Plan, and (c) the intent of the Yakima Urban Area Zoning Ordinance, and (d) other applicable land use controls, and, WHEREAS, the best interests of the City of Yakima would be advanced by rezoning the Subject Property; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Subject to the condition precedent specified in Section 3 below, the deci- sion of the Hearing Examiner recommending amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Suburban Residential (SR) to Multi- Family Residential (R -3) of 5 69 acres located in the vicinity of 5104 West Nob Hill Boulevard in Yakima, Washington, comprised of Yakima County Assessor's Parcel #181328 -4140 , legally described as: North 420 ft, lot 23, Yakima Valley Orchard Tracts, except W 20 feet for road, except N County Road R /W, as recorded in Volume A of Plats, Page 75, records of Yakima County, Washington Situated in Yakima County, State of Washington. (referred to below as "the Subject Property "), is hereby affirmed and adopted, and the Subject Property shall be zoned Multi - Family Residential (R -3)and the Official Yakima III Urban Area Zoning Map shall be amended accordingly lap /zoning /rezones /knight coleman ord 7/11/96 11:56 AM UAZO RZ #8 -95 / KNIGHT- COLEMAN REZONE ORDINANCE -- Page 1 Section 2. The Yakima City Council hereby adopts the findings and conclusions of the Hearing Examiner's Recommendation, Examiner No I96 -2 -21, City No UAZO RZ #8- 95, a true copy of which Hearing Examiner's Recommendation is attached to this ordinance as Exhibit "A ", and is incorporated herein by reference Section 3 Condition Precedent: A development agreement executed by the property owners and running with the land shall be recorded creating a building setback on the west property line which equals 30 feet plus the appropriate building setback from a 50 foot wide public road right -of -way This development agreement is a condition of the rezone and shall be recorded concurrently with execution of the Council resolution approving the rezone. Section 4. The City Council finds formally that subject to the condition precedent speci- fied in Section 3 above, the Subject Property is. (1) suitable for uses permitted in the Multi - Family Residential (R -3) District and (2) compatible with the neighborhood, (3) there exists a public need for the proposed rezone and (4) since the existing zoning was established circumstances have changed and now make the proposed rezone ap- propriate, and (5) the proposed rezone is consistent with and complies with (a) the re- quirements and considerations set forth in Yakima Municipal Code Chapter 15.23 (b) the goals and policies of the Yakima Urban Area Comprehensive Plan, and (c) the intent of the Yakima Urban Area Zoning Ordinance, and (d) other applicable land use controls. 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 Subject to the foregoing provisions and conditions precedent, this ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter, and this decision shall be final and conclusive unless within 30 days from the date of final action by the City Council an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action taken. PASSED BY THE CITY COUNCIL, signed and approved this //.. of $9 ,1996. AT 1'EST ynn Buchanan, Mayor 1<Ci u2-1 je City Clerk Publication Date: 7- /6 - 9 f, Effective Date. g-1s 910 lap /zoning /rezones /knight Coleman ord 7/11/9611:56 AM UAZO RZ #8 -95 / KNIGHT - COLEMAN REZONE ORDINANCE -- Page 2 RECEIVED APR 3 01996 ISSUED: APRIL 30, 1996 CITY OF YAKIMA PLANNING DIV. Rezone Application by ) EZAMX UR'B RECOMMENDATION ) Ron Knight and Ron Coleman ) City No: UAW RS #6-95 ) for 5.69 Acres at ) Examiner No. I96 -2 -21 5104 W. Nob Hill Blvd., ) from SR to R -3 ) The Examiner conducted a public hearing on April 11, 1996. The staff report presented by Larry Lehman recommended approval. Although there was some opposition by adjacent land owners, the primary issue concerned how to provide access to landlocked property located south of this site. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval of the rezone subject to recording a development agreement which 41/1 limits development within a certain distance of the west property line, in order to maintain flexibility to develop a future street. 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: FINDINGS 1. Applicant. Ron Knight and Ron Coleman. 2. Location. 5104 West Nob Hill Blvd. Assessor's parcel number 181328- 41400. 3. Application. Rezone. 4. Proposed Zone Three Family Residential (R -3). S. proposed Use. Multi - family residential complex. 6. Current Zoning and Use. This property is zoned Suburban EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKM! POST OFFICE BOX 4 lap /zoning /rezones /knight coleman ord 7/11/96 11:56 AM YAKMA. WASHINGTON 9890 UAZO RZ #8 -95 / KNIGHT - COLEMAN (509)248 -0708 REZONE ORDINANCE -- EXHIBIT A Residential (SR). It is presently developed as a single family residence with barns, outbuildings, and pasture. Adjacent properties have the following characteristics: Location Zone band Use North (Across nob Hill) R -1 Fruit Packing and multi- family South SR Orchard West SR Orchard East SR Undeveloped, Almon residence 7. Project Description. This 5.69 acre parcel fronts on Nob Hill Blvd., a 2 -lane principal arterial developed to rural standards with gravel shoulders. It is part of 19 acres which are currently being annexed by the city of Yakima. The annexation area includes parcels to the south, and a 20 foot wide parcel on the west side of this site, running south from Nob Hill to the adjacent larger parcel, which is owned by Kellers. Although all of this property is still in the county, Yakima County has transferred land use jurisdiction to the city because of the pending annexation. Messrs. Knight and Coleman, or their assigns , plan to develop a multi - family residential complex. Relatively high 40 density multi - family residential projects are allowed as Class 1 uses in the R -3 zone. Accordingly, this is a non - project rezone. Project review will be conducted later by the planning department when specific development plans are submitted. The only technical issue concerns access to property south of this site. The Keller family owns the orchard immediately south of this site. Further south is a parcel owned by Hochrein, and a small corner parcel owned by Congdon Orchards. All of these parcels total the 19 acres included in the pending annexation, which is likely to be final in July, 1996. City staff are concerned that provisions should be made to protect potential development of a street grid network in the area. All of the parcels identified are practically landlocked, particularly the Keller property. Keller's access is now limited to a 20 foot strip on the west side of the Knight property, out to Nob Hill Blvd. This 20 foot width is inadequate for anything but EXAMINER'S RECOMMENDATION - 2 HEARING E FOR THE CRY AND COUNTY OF YAKM POST OFFICE BOX 4 lap /zoning /rezones /knight coleman ord 7/11/96 11.56 AM YA ( A. WASHINGTON 9690 UAZO RZ #8 -95 / KNIGHT - COLEMAN MO91248 -0706 REZONE ORDINANCE -- EXHIBIT A a farm road. City staff have recommended that this rezone require dedication by the applicant to the city of sufficient right -of -way to construct a city standard street into the Keller property. There is no intent to construct the street at this time, nor any decision as to who would construct it. The point of the staff recommendation is that provisions should be made to protect the right of way, so that 52nd can be extended south from Nob Hill Blvd. in the future. 1. Takina Urban Area Zoning Ordinance. The criteria for rezones established by YMC 15.23.030(5) are considered below: 1.1 Testimony. 8.1.1 pigbt -of -way Dedication. Knight and Coleman are opposed to dedicating right -of -way, but are not opposed to restricting development in the area which might be utilized for right -of -way in the future. Keller and Hochrein prefer dedication of right -of -way. The city staff position is outlined above. 1.1.2 Appropriateness of Rezone. Keller and Hochrein support the rezone. Almon, owner of 18 acres adjacent to the east, opposes the rezone to R -3, suggesting a rezone to either R -1 or B -1 (Professional Business) as more in keeping with neighborhood expectations and the city's comprehensive plan. Other neighbors in the area are opposed to a rezone because of the impact upon the character of the neighborhood and the probability of greatly increased traffic. Concerns were also expressed about the need to clarify the city's plans for developing bicycle and pedestrian paths in conjunction with the YVT right -of -way corridor. Mr. Knight pointed to the well - documented need for additional R -3 land in the urban area, in order to provide housing for lower income families. There are only a few undeveloped larger R -3 parcels available within the urban area. Recent statistics concerning the housing affordability index continue to indicate that there is a significant shortage of rental units renting for less than $600.00 per month. Ken Keller, owner of the orchard to the south, is not opposed to the rezone, but recognizes that residential development i EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAK,. POST OFFICE BOX 4 lap /zoning /rezones /knight coleman ord 7/11/96 11:56 AM YAKMA. WASHINGTON 9890 UAZO RZ #8 -95 / KNIGHT - COLEMAN (509)2480706 REZONE ORDINANCE -- EXHIBIT A will adversely impact his continued operation of the orchard, and will probably lead to some sort of residential development of that property. The 20 foot by 420 foot right of way servicing his orchard, out to Nob Hill Blvd., was originally a part of the Knight parcel, and is for farming purposes only. Property owners on Nob Hill are concerned about. the traffic and potential vandalism generated by the rezone. Fifty - second as it exists north from Nob Hill is basically only a trail. There is some multi - family development on 51st, and with no alternate traffic access except to Nob Hill, this project if fully developed to the intensity allowed by the ordinance could generate substantial additional traffic volumes. Alvin Norman (of the Norman's Nursery family) has an option to buy this property from Knight, subject to the rezone. If the rezone is approved, Mr. Norman intends to develop affordable housing in the range of $600 or less per month per unit. He indicates that most recent construction of multi - family housing in the area rents in the $750 to $800 range, and that there is a significant lack of more affordable housing units available. 8.2 suitability of the Property. This property is reasonably level and is well suited for multi- family development. It is located on a major arterial, and based upon a review of the zoning and land use maps for the urban area, is located in an area with a small amount of R -3 housing. If this property is rezoned to R -3, it will have a significant impact upon the future development of all of the property in the southwest quadrant of the intersection of 48th and Nob Hill Blvd. In all probability it will tend to establish a trend encouraging future similar rezones, allowing either relatively high density residential or related retail development. 8.3 Agency Recommendations. All agency recommendations are in favor of the rezone. 8.4 Compliance with Comprehensive Plan and Zoning Ordinance. The plan and zoning ordinance provide that new residential development should make efficient use of the existing EXAMINER'S RECOMMENDATION - 4 Ali HEARNG EXAM. FOR THE CRY AND COUNTY OF YAKMA lap/zoning/rezones/knight coleman ord 7/ 11 /96 11:56 AM P A. W OFFICE Sox a YAKMA. A6H NGTON 9990' UAZO RZ #8 -95 / KNIGHT - COLEMAN (509)248 -0706 REZONE ORDINANCE -- EXHIBIT A arterials, assure economical provision of public services, protect 4110 existing residential areas from the adverse impacts of more intense uses, and provide the opportunity for a wide variety of residential settings. This is a relatively large parcel of land, surrounded to the south, west, and east by similarly large parcels. It is separated from the residential development to the north by Nob Hill Blvd., which transitions from four lanes to two lanes near this property. Nob Hill will in all likelihood be extended four lanes in the future to the west, further buffering the impact of this project from the single family housing to the north. This project is consistent with both the plan and the zoning ordinance. $.S Adequacy of Public Facilities. Public water is available from Nob Hill Water. A sewer main is located on the north side of Nob Hill Blvd., and can be extended by a side sewer to this property. All necessary utilities are available or can economically be provided. The city is legitimately concerned that property development should proceed concurrently with construction of an adequate street network. This is a legitimate exercise of the city's police power, and is recognized in the preambles to both the comprehensive plan and the zoning ordinance as one of the elements underlying and legitimizing local land use regulation. The legal issue is whether in conjunction with this rezone the city can or should require dedication of public right of way on the west side of this parcel. The purpose of the dedication is not to mitigate the impact of any development on this project, but to provide potential public street access to the Keller property. The current access is limited to a 20 foot strip, for farm purposes only. This identical issue was dealt with by the courts in 1995. Luxembourg v. Snohomish County, 76 Wn.App. 502 (Jan. 1995), pet. for rev. den., 127 Wn.2d 1005 (July, 1995) involved a subdivision adjacent to landlocked property. As a condition of EXAMINER'S RECOMMENDATION - 5 HEARNG EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOx • lap /zoning /rezones /knight coleman ord 7/11/96 '11:56 AM YAKI MA. wASHNGTON 9890 UAZO RZ #8 -95 / KNIGHT - COLEMAN 1509)248-0706 REZONE ORDINANCE -- EXHIBIT A subdivision approval, the county wanted the developer to dedicate a 60 foot right of way to the adjacent property. The Hearing Examiner denied the subdivision request because it did not provide access. The Snohomish County Council affirmed the decision of the Hearing Examiner, as did the Superior Court. The Court of Appeals, Division One, reversed. The adjacent land had always been landlocked; providing access was not required as a result of the proposed subdivision, and was not made necessary as a result of the subdivision. The court noted that the owner of the landlocked property has the right to bring a private condemnation action to obtain access, and that there was no reason for the county to solve the landlocked owner's problem. The subdivision developer had offered to leave a strip of land undeveloped to serve as a potential right -of -way to the adjacent property. The court in noting this indicated that it was not necessary to determine to what extent the county could impose such a requirement. The court held only that the county could not condition approval of a subdivision on dedication of property unless a need for the dedication arises from the development under review. The court cited with approval the U.S. Supreme Court case, Pollan v. California Coastal Comm'n, 483 U.S. 825 (1987) with respect to the "essential nexus requirement" that exaction of property must address some problem arising from the development under consideration. In this instance, it appears that Messrs. Knight and Coleman are willing to maintain an undeveloped strip on the west side. Even if they were not willing to, I specifically find that the city in the exercise of its police power has the authority to condition this rezone upon a development agreement restricting development on a 30 foot strip, including the appropriate building setbacks from the strip. There is no evidence justifying dedication at this time, since this dedication would not mitigate any impact of development on this parcel. If the Keller orchard is to be commercially EXAMINER'S RECOMMENDATION - 6 HEARING FOR THE Gm AND COUNTY OF YAKM' POST OFFICE Sox 4 lap /zoning /rezones /knight coleman ord 7/11/96 11:56 AM YAKIMA. WASHr4GTON 9890 UAZO RZ #8 -95 / KNIGHT - COLEMAN mow 248 °'°6 REZONE ORDINANCE -- EXHIBIT A developed•in the future, the owners will have to obtain, at their expense, appropriate street access. It is not the purpose of a rezone to make a gift to an adjacent property owner. It is appropriate in this rezone, however, to at least preserve the potential for extending street at sometime in the future on the west side of this property. This issue was not decided by the Luxembourg Court, but is a logical extension of that decision. Furthermore, this requirement, as part of the rezone does not impair, in any material or significant way, the ability of the owners of this property to develop it consistent with an R -3 rezone. Furthermore, this setback requirement is consistent with the Mitigated Determination of Non - Significance referenced below. Another issue is the impact upon public schools. It is not clear from the record whether this parcel is in the West Valley School District or the Yakima School District. If it is in the West Valley School District, it is reasonable to expect that the district will continue to assert the arguments it has made in the past concerning the impact of additional residential housing on the district's overcrowded school building situation. The school district did comment on this particular proposal. Because this rezone is not directly resulting in additional housing units, it is premature to determine what impact, if any, there is on the district. The position taken with respect to other SEPA appeals asserted by the district with respect to county processed subdivisions is that each new housing unit or single family residential lot should be expected to pay impact fees to the school district in order to help them accommodate the projected student population growth. These appeals have uniformly been denied by the Yakima County Commissioners. The basis of those denials has often been that the subdivisions being challenged were developments involving land which has been zoned residential for years. The argument has often been that the district should be expected to anticipate development of existing residentially zoned land to the density contemplated by the existing zoning. EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKMA lap /zoning /rezones /knight coleman ord 7/11/96 11:56 AM POST OFFICE BOX 4 UAZO RZ #8 -95 / KNIGHT - COLEMAN YAK i.WA94 WASHINGTON 98907 REZONE ORDINANCE -- EXHIBIT A This rezone to R -3 substantially increases the potential dwelling unit density. This is something which has not been reasonably foreseeable by the school district, and which may well result in hearings or litigation, related to actual development projects, concerning school impact fees. This has been an issue that the Yakima City Council has not had to directly face, because the Yakima School District has as a policy matter not asserted a need for impact fees and most if not all of the city is located within the Yakima School District. By contrast, the West Valley School District has taken a consistent position requesting and sometimes litigating the issue of school impact fees related to residential subdivisions. The issue is raised here simply to identify one public facility, schools, which may not be adequate. The adequacy of the schools can be dealt with in conjunction with actual development proposals. Absent a project specific proposal, it is impossible to determine the impact of this rezone on the need for additional schools. 8.6 Compatibility. This property and the adjacent orchard are clearly in a transitional area. This is reflected by the SR zoning, which is intended by the ordinance to be a holding zone until full utilities are available, at which point the area is expected to shift into more intense uses. Whether that shift is to residential or retail uses, it is nevertheless clear that there will be an impact upon adjacent existing uses. Given the presence of adequate arterials, both 48th and Nob Hill, the traffic related impact of this project can be mitigated. There is no evidence in the record which would suggest any decrease in level of service on the adjacent arterials. The southwest quadrant of the intersection of 48th and Nob Hill is one of the largest undeveloped tracts of land on the west side. Any development there will be substantially more intense than the present development, will have a substantial impact on the neighborhood, and will have a major impact on the manner in which the rest of the area develops. EXAMINER'S RECOMMENDATION - 8 HEAR NG EXAM FOR THE CRY AND COUNTY OF YAKMI POST OFFICE BOX • lap/zoning/rezones/knight coleman ord 7/11/96 11.56 AM YMPAA. WASH INGTON 9890'7 UAZO RZ #8 -95 / KNIGHT - COLEMAN '509)248-0706 REZONE ORDINANCE -- EXHIBIT A 4111 If this property is rezoned to R -3, not only are other R- 3 rezones more probable in this area, but also the likelihood of more intense business zoning, perhaps 8-1, nearer the intersection of 48th and Nob Hill. These impacts, while substantial, are consistent with the zoning ordinance and the Development Trends Map of the comprehensive plan. They are also considered compatible with the existing development in the area. The primary impact will be traffic. The review of any development proposals will necessarily deal with the traffic issue in the specific fashion, based upon the actual project under review. At that point adequate measures can be taken to require any appropriate road improvements necessitated by a specific project. This should occur regardless of the level of review under the zoning ordinance. In other words, even if planning department review is not required because it is only a Class 1 use, the impact on the adjacent road system should be considered and evaluated by the city prior to issuance of building permits. 8.7 Public Need. There is a dramatic shortage of larger R -3 zoned parcels in the Yakima urban area. In fact, there is almost a complete absence of R -3 zoned land west of 40th Avenue. As the existing R -3 land has been developed, there is an increasing need to convert some of the transitional Suburban Residential zoned land to more intensive uses. This proposed rezone is responsive to the need for additional R -3 land west of Yakima, and is in an area well suited to accommodate more intense uses. It is always difficult to assemble larger parcels, particularly when neighborhoods are nearly fully developed with existing housing. This area is not developed with housing, thus reducing compatibility conflicts. 9. State Environmental Policy Act. A Determination of Non - significance was issued by the city on February 5, 1996. It provides: Right -of -way for future public street access to properties to the south of this site shall • EXAMINER'S RECOMMENDATION - 9 HEARNG EXAM iNER FOR THE CRY AND COUNTY OF YNCMA lap/zoning/rezones/knight coleman ord 7/11/96 11.56 AM POST OFFICE ON 9 rAKwu►.wASiiNGTON 98907 UAZO RZ #8 -95 / KNIGHT - COLEMAN (609)248-0706 REZONE ORDINANCE -- EXHIBIT A be defined prior to final approval of this rezone and the associated annexation of properties to the south. The right -of -way 4110 shall conform with City of Yakima Subdivision standards (YMC Section 14.30.070). This MDNS was not appealed, and is now final. 10. Public Notice. Public notice of the hearing was provided in accordance with the ordinance. 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 R -3 District; any problems with neighborhood compatibility can be resolved; and a public need does exist for. the proposed change. 3. A development agreement executed by the property owners and running with the land shall be recorded creating a building setback on the west property line which equals 30 feet plus the appropriate building setback from a 50 foot wide public road right - of -way. This development agreement is a condition of the rezone and shall be recorded concurrently with execution of the Council resolution approving the rezone. 4. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION Approve this rezone application, from SR to R -3, subject to the following condition: A. A development agreement executed by the property owners and running with the land shall be recorded creating a building setback on the west property line which equals 30 feet plus the EXAMINER'S RECOMMENDATION - 10 HEARING EXAMINE FOR THE CT' AND COUNTY OF YAKMA OFFICE lap /zoning /rezones /knight coleman ord 7/11/96 11:56 AM YAKtit 4 UAZO RZ #8 -95 / KNIGHT - COLEMAN 1509)248-0706 REZONE ORDINANCE -- EXHIBIT A J • appropriate building setback from a 50 foot wide public road right- of -way. This development agreement is a condition of the rezone and shall be recorded concurrently with execution of the Council resolution approving the rezone. Respectfully submitted this day of April, 1996. PHILIP A. LAMB Hearing Examiner 4111 EXAMINER'S RECOMMENDATION - 11 HEARING EXAMINER FOR THE CrrY AND COUNTY OF Y NUM A lap /zoning /rezones /knight coleman ord 7/11/96 11:56 AM POST OFFICE BOX 4 UAZO RZ #8-95 / KNIGHT - COLEMAN YAKMA. WASHINGTON 9e907 1509)248.0706 REZONE ORDINANCE -- EXHIBIT A • BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No ) For Meeting Of July 16. 1996 ITEM TITLE: Ordinance Accepting Hearing Examiner's Decision to Approve Rezone of property at 5104 W Nob Hill Blvd submitted by Ron Knight & Ron Coleman [UAZO RZ #8 -95] SUBMITTED BY Glenn J Valenzuela, Director of Community and Econ D- J CONTACT PERSON /TELEPHONE: Larry Lehman, Associate Planner, 575 -61 y: SUMMARY EXPLANATION: On May 21, 1996, following a public meeting before the City Council, the Council voted to approve the Hearing Examiner's recommendation regarding the application submitted by Ron Knight & Ron Coleman to rezone property at 5104 W Nob Hill Boulevard from SR to R -3 The attached ordinance expresses in writing the decision of the Council Resolution _ Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. < l • City Manager STAFF RECOMMENDATION Approve Ordinance BOARD RECOMMENDATION COUNCIL ACTION •