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Home My WebLink About2008-011 Rezone 1015 South 5th Ave and South 5th Avenue and Nob Hill Blvd; Noel Corporation Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2008 -11 Rezone property located at 1015 S. 5 Avenue / S 5 Avenue and Nob Hill Blvd. from Single - family residential, (R -1) to Small Convenience Center (SCC) — The Noel Corp. applicants Grantor City of Yakima Grantee The public LEGAL DESCRIPTION: Matterson's Acre Tracts. S 100 ft of N 150 of Lot 4 EX W 10 ft; Matterson's Acre Tracts. N 50 ft of W %2 of Lot 3,N 50 ft of E 34.5 ft PARCEL NUMBERS: 181325 - 14410; 181325 -14405 - i r 7606036 Page 1 of 8 04/03/2008 11 22A CITY DF YAKIMA PLANNING I ��ORD _ X47 00 Yakima Co, WA ORDINANCE NO. 2008 -11 AN ORDINANCE relating to land use regulation and zoning, rezoning, with conditions, two parcels of property located north of Nob Hill Boulevard between South 4th Avenue and South 5 Avenue west of Southgate Shopping Center, Yakima, Washington from Single- Family Residential, (R -1) to Small Convenience Center (SCC) as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, The Noel Corporation, identified as the applicants herein WHEREAS, by application dated April 20, 2007, The Noel Corporation requested the rezone of Yakima County Assessor's Parcel Nos 181325 - 14405, and 181325 - 14410, located north of Nob Hill Boulevard between South 4 Avenue and South 5 Avenue west of Southgate Shopping Center„ Yakima, Washington (hereinafter "Subject Property"), from Single - Family Residential, (R -1), to Small Convenience Center, (SCC), and WHEREAS, on September 27, 2007 and continued on October 11, 2007, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone, and WHEREAS, Mr Brian Diehm appealed the SEPA DNS prior to the expiration of the appeal period, and WHEREAS, on November 8, 2007 the Hearing Examiner for the City of Yakima conducted a hearing to hear arguments regarding the SEPA appeal; and WHEREAS, on November 23, 2007 the Hearing Examiner for the City of Yakima affirmed the SEPA DNS and recommended that conditions be imposed on the requested rezone from R -1 to the SCC zone, and WHEREAS, on November 23, 2007 the Hearing Examiner issued Hearing Examiner's Recommendation regarding CPA Amend #2 -07, Rezone #4 -07, EC #12 -07, and SEPA APP #1- 07, (the "recommendation ") recommending that the Subject Property be rezoned from Single - Family Residential, (R -1) to Small Convenience Center (SCC), and WHEREAS, at a closed- record public hearing held on March 18, 2008, the City Council considered the requested rezone, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons, and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of Yakima Municipal Code ( "YMC ") § 15.23 030(E) and § 15 15 040(5) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein, and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, Now Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. The property located north of Nob Hill Boulevard between South 4th Avenue and South 5 Avenue west of Southgate Shopping Center, Yakima, Washington (Yakima County Assessor's Parcel Nos. Parcel Nos 181325 - 14405, and 181325 - 14410), legally Page 7606036 6 0410312068 11 22A CITY OF YAKIMA PLANNING ; II ORD $4? GO Yakima Co, WA r . . described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Single- Family Residential, (R -1), to Small Convenience Center (SCC) Section 2. The findings within the November 23, 2007 Hearing Examiner's Recommendation (UAZO RZ #4 -07, EC #12 -07, and SEPA APP #1 -07) regarding this rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC § 15.23 030(F), and are incorporated herein by this reference as if fully set forth herein Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land use, and other similar maps maintained by the City of Yakima shall be amended or modified, subject to the conditions stated below, to reflect this rezone Section 4. The rezone granted by this ordinance is expressly conditioned on the Owner's satisfaction of the following conditions stated on page 17 of the Hearing Examiner's Recommendation. a. Ingress to and egress from either of the two subject parcels by way of South 5th Avenue shall be prohibited; b. Lighted signage along South 5 Avenue or along any common property lines between the two subject parcels and any adjoining properties improved with residences to the north or south shall be prohibited, c. Violations of the City's public disturbance noise provisions of Section 6 04 180 of the Yakima Municipal Code which make it "unlawful for any person in possession of property to knowlingly cause, permit or allow to emanate therefrom any sound which by its intensity, volume, frequency, duration or character unreasonably disturbs or interferes with the peace, comfort and repose of others" shall be prohibited on the two subject parcels even though commercial uses would otherwise be exempt from said ordinance, d. Only cut -off light fixtures shall be used on the two subject parcels which shall be shielded and installed in a manner that prevents fugitive light or light spillage from the parcels onto South 5 Avenue or onto any adjoining properties improved with residences to the north or south of the parcels, and e. Buildings fronting on South 5 Avenue or on any common property lines between the two subject parcels and any adjoining properties improved with residences to the north or south of the parcels shall be prohibited Section 5. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 6. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor Section 7 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 PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18th day of March, 2008 110 ill I II I I I 11 1111 II 7 60 711 6 Pa ge 3 04r '0312 60 % 22A CITY OF YAKIMA PLANNING 1 1 I1ORD $4? 00 Yakima Co, WA 1 avid Edler, ayor ATTEST City Clerk ,F �RKIM,y''', *o- Publication Date 3/21 /08 ; 9 SEAL 9 Effective Date 4/20/08 q -11 N - 6 \ o � „,HIN - -- - 1 I Cif ! - r -- - -- 7606036 II II III III I III II II II Page 4 of 6 O41G3/22GG$ 11 22A CITY OF YAKIMA PLANNING 'i 'ORD $47 G0 Yakima Co, WA EXHIBIT "A" THE NOEL CORPORATION CPA #2 -07, RZ #4-07, EC #12-07 1015 S. 5 AVENUE /S. 5TH AVENUE & NOB HILL BOULEVARD YAKIMA, WASHINGTON LEGAL DESCRIPTION - Parcel No. 181325 -14410 Matterson's Acre Tracts: S 100 ft of N 150 of Lot 4 EXW10ft Parcel No. 181325 -14405 Matterson's Acre Tracts. N 50 ft of W of Lot 3, N 50 ft of E 34.5 ft 7606036 Page 5 of 6 04/03/2006 11 22A CITY OF YAKIMA PLANNING I1 ORD $4? 00 Yakima Co, WA cC cu N GO r.t co , ,,.. 2. .-+ > W w Noel Corporation oco m S f J a ORD 2008 -11 CO cu I a CPA # -07 a crA H y { W ARLINGTON ST rn ^d m } w BAKER ST �� a ::• w �� BAKER ST a s tt J Z ce Q J G N ZONE_CODE o _ 2 g SR Suburban Residential H Q R -1 Single Family _ w STE ST V _� - -. _ -. _ -- - - y R-2 Two Family ■ CD R -3 Multi - Family �� = d co Q &1 Professional Business -� Q AEI w B-2 Local Business s J a BLACKBURN ST Q >- w _ I - HB Histoncal Business Q ' no • 1 , 4 a O o Mil SCC Small Conveneice Center MULDER DR _ y 1 a Q - LCC Large Convenience Center CC - ~ J - CBD Central Business Distnct Q • CBDS CBD Support ■ r W NOB HILL BLVD M 1 Light Industrial ��~ -+ c_li MIK 41110111111.0 . _ , M -2 Heavy lndustnal i ® Subject Property I w _� H H PRASCHAVE x m v) i : ' -----1: w y > w a J y Ill U Q Q O a re x x I e W VIOLA AVE l 1 ______i____ _4,4_ N A 1 Inch equals 500 feet • - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of March 18, 2008 ITEM TITLE Joint Public Hearing on the 2007 Comprehensive Plan Amendments and Rezone Requests SUBMITTED BY William R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner (576 -6315) SUMMARY EXPLANATION Ten applications were received from private property owners requesting amendments to the Urban Area Comprehensive Plan and the rezoning of their property All 2007 applications concern properties located within the City of Yakima. As required, you have been provided with a binder that contains the complete record of the review and comments for each of the ten applications. Each tab contains the history of one request. Each tab includes a map of the property proposed for change We will review these • changes during our staff presentation at the hearing On January 9, 2008, the Regional Planning Commission formally adopted their written findings and recommendations for the approval on nine (9) of the following ten (10) 2007 (continued on next page) Resolution Ordinance(s) one (1) for Comprehensive Plan and nine (9) for the individual rezones Other (Specify) Council Action Agenda approving Amendments (item #X), RPC Written Recommendations for Approval, Maps of Amendment sites, Ordinance approving Comprehensive Plan and Ordinances effecting the rezoning of nine of the properties available Monda March 17 20 APPROVED FOR SUBMITTAL. '-'-)...., City Manager STAFF RECOMMENDATION (A) Accept the Regional Planning Commission's written findings and recommendations for the Comprehensive Plan changes and adopt the ordinance provided and (B) adopt the Hearing Examiner's recommendation for each of the nine rezones recommended and adopt the ordinances for each of the recommended nine BOARD /COMMITTEE/COMMISSION RECOMMENDATION On January 9, 2008, the Regional Planning Commission recommended approval of nine of the ten requested Comprehensive Plan amendments. On November 1, 2 and 23 the Hearing Examiner issued his recommendations for the approval of the nine of the ten requested rezones COUNCIL ACTION. 0 Urban Area Comprehensive Plan amendment applications. The Commission recommended denial of one of the ten applications that requested an amendment to the Comprehensive Plan In addition to their requested amendments of the Comprehensive Plan the applicants concurrently requested the rezoning of their property The Hearing Examiner held the required public hearings for these rezones and has recommended the approval of nine of the ten which were submitted Following your actions on the Comprehensive Plan Amendments, which is approved by one vote and the passage of a single ordinance, you will be asked to consider each of the ten applications in their turn Should you choose to accept the Hearing Examiner's recommendations for these rezones the implementing ordinances should also be adopted • 0