HomeMy WebLinkAbout1996-008 Rezone ORDINANCE NO 96 - 08
AN ORDINANCE rezoning 3 5 acres located in the vicinity of 3701 River Road and
3702 Fruitvale Blvd. in Yakima, Washington, from Light
• Industrial (M -1) to Central Business District Support (CBDS) and
amending the zoning map of the Yakima Urban Area
accordingly
WHEREAS, on November 9, 1995, the Hearing Examiner Pro Tem conducted a
duly convened public hearing on the application submitted by B.M.S. Properties
(UAZO RZ #6 -95) requesting amendment of the Official Yakima Urban Area Zoning
Map within the City of Yakima and rezone from Light Industrial (M -1) to Central
Business District Support (CBDS) of 3 5 acres located in the vicinity of 3701 River Road
and 3702 Fruitvale Blvd. in Yakima, Washington, comprised of Yakima County
Assessor's Parcels #181315 -12022 and #181315 - 12024, (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 that future development shall not occur on the Subject Property before
frontage improvements are constructed along River Road including, curb, gutter,
sidewalk, street lighting and street widening with a bike path which match frontage
improvements at the nearby Perkins Restaurant property, and along Fruitvale
• Boulevard including sidewalk, the Hearing Examiner Pro Tem recommended to the
City Council that the requested rezone be granted, and
WHEREAS, the Subject Property is suitable for uses permitted in the Central
Business District Support (CBDS) District; the proposal is compatible with the neigh-
borhood, there exists a public need for the proposed rezone; and the proposed rezone
is consistent with the requirements and considerations set forth in Yakima Munici-
pal Code Chapter 15 23 and complies with the goals and policies of the Yakima Urban
Area Comprehensive Plan, with the intent of the Yakima Urban Area Zoning Ordin-
ance, and 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 The decision of the Hearing Examiner Pro Tem recommending
amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima
and rezone from Light Industrial (M -1) to Central Business District Support (CBDS) of
3 5 acres located in the vicinity of 3701 River Road and 3702 Fruitvale Blvd. in
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UAZO RZ #6 -95 / BMS PROPERTIES
REZONE ORDINANCE -- Page 1
Yakima, Washington, comprised of Yakima County Assessor's Parcels #181315 -12022
and 181315 - 12024, legally described as.
• That part of the Northwest quarter of the Northeast quarter of Section
15, Township 13 North, Range 18, E.W.M., bounded as follows:
Beginning at the Southeast corner of the Northwest quarter of the
Northeast quarter of said Section 15,
Thence North 89° 08' 44" West along the South line of said Northwest
quarter of the Northeast quarter 357 82 feet;
Thence North 1° 09' 16" East 618.77 feet to a line which is 10 00 feet
North of, as measured at right angles to and parallel with, the
centerline of the Broadguage Ditch as it now exists;
Thence South 79° 05' 30" East along said line which is 10 00 feet North of
the centerline of the said Broadguage Ditch to the Southerly right of
way line of State Road No 12 as it now exists;
Thence South 59° 22' 30" East along said Southerly right of way line of
State Road No. 12 to the Northeast corner of that certain tract of land
conveyed to Simcoe Equipment, Inc., by Deed recorded under Auditor's
File No 2340946, records of Yakima County, Washington,
Thence South along the East line of said tract of land to the centerline of
the Broadguage Ditch as it now exists;
Thence Southeasterly along the centerline of the Broadguage Ditch to
the East line of said Northwest quarter of the Northeast quarter;
Thence South 0° 08' 42" West to the point of beginning.
EXCEPT right of way for Broadguage Ditch, and
EXCEPT right of way for River Road, and
EXCEPT the East 60 feet of said Northwest quarter of the Northeast
quarter
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 Central Business District Support (CBDS)
Section 2 Future development shall not occur on the Subject Property
before frontage improvements are constructed along River Road including, curb,
gutter, sidewalk, street lighting and street widening with a bike path which match
frontage improvements at the nearby Perkins Restaurant property, and along
Fruitvale Boulevard including sidewalk,
Section 3 The Yakima City Council hereby adopts the findings and conclu-
sions of the Hearing Examiner Pro Tem's Recommendation, Examiner No I95 -2 -51,
City No. UAZO RZ #6 -95, a true copy of which Examiner Pro Tem's Recommendation is
attached to this ordinance as Exhibit "A ", and is incorporated herein by reference.
Section 4 The City Council finds formally that the Subject Property is
suitable for uses permitted in the Central Business District Support (CBDS) District;
that the proposal is compatible with the neighborhood, that there exists a public need
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for the proposed rezone, that the proposed rezone is consistent with the require-
ments and considerations set forth in Yakima Municipal Code Chapter 15 23, and
complies with the goals and policies of the Yakima Urban Area Comprehensive Plan,
and complies with the intent of the Yakima Urban Area Zoning Ordinance, and other
applicable land use controls.
Section 5 The Official Yakima Urban Area Zoning Map within the City of
Yakima shall be amended to correspond to the rezone ordained by Section 1
Section 6. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance; and
Section 7 Subject to the foregoing provisions, 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 .' 3 T day of
9 &1u2iii , 1996
mss. / . -ALA( L if
ATTEST Mayor
vv$c_
City Clerk
Publication Date: /-aleo -S'
Effective Date: a- a (9-
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