The URL can be used to link to this page

Home My WebLink About2008-013 Rezone 4906 Summitview Avenue; Roy Johnson Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2008 -13 Rezone property located at 4906 Summitview Avenue from Suburban Residential (SR) to Local Business (B -2) on the northern portion of the property and from Suburban Residential (SR) to Multi- Family Residential (R -3) on the southern portion -- Roy Johnson applicant Grantor City of Yakima Grantee The public LEGAL DESCRIPTION: THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M. EXCEPT THE EAST 330 FEET, AND EXCEPT RIGHT OF WAY FOR ROAD PARCEL NUMBERS: 181321 -41001 -- -r - T rr - II II III III II II :11 11E1111 7606038 Page 1 of 5 04x'03/22008 11 23R CITY OF YRKIMR PLANNING 11 4RO $46 06 Yakima Co, WA_ ORDINANCE NO. 2008 -13 AN ORDINANCE relating to land use regulation and zoning, rezoning, with conditions, one parcel of property located at 4906 Summitview Avenue, Yakima, Washington from Suburban Residential (SR) to Local Business (B -2) on the northern portion of the subject property and from Suburban Residential (SR) to Multi - Family Residential (R -3) on the southern portion of the subject property, as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, Roy Johnson, identified as the applicants herein. WHEREAS, by application dated April 30, 2007, Roy Johnson requested the rezone of Yakima County Assessor's Parcel No 181321- 41001, at 4906 Summitview Avenue, Yakima, Washington (hereinafter "Subject Property "), from Suburban Residential (SR) to Local Business (B -2) on the northern portion and from Suburban Residential (SR) to Multi - Family Residential (R -3) on the southern portion of the subject property; and WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone, and WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's Recommendation regarding CPA Amend #4 -07, Rezone #6 -07, and EC #15 -07, (the "recommendation ") recommending that the Subject Property be rezoned from Suburban Residential (SR) to Local Business (B -2) on the northern portion and from Suburban Residential (SR) to Multi- Family Residential (R -3) on the southern portion of the subject property; 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 at 4906 Summitview Avenue, Yakima, Washington (Yakima County Assessor's Parcel No 181321- 41001), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Suburban Residential (SR) to Local Business (B -2) on the northern portion and from Suburban Residential (SR) to Multi - Family Residential (R -3) on the southern portion of the subject property Section 2. The findings within the November 2, 2007 Hearing Examiner's Recommendation (UAZO RZ #6 -07, EC #15 -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. —Ty ,. 76060 Page G38°11 04"03/20 1 5 23A CITY OF YAKIII PLANNING j IOPD ; $46 00 Yakima Co, WA 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 9 of the Hearing Examiner's Recommendation. a. The boundary between the portion of the property to be zoned B -2 and the portion zoned R -3 shall be delineated by the westward extension of the centerline of the Barge Street right of way from the eastern boundary line to the western boundary of the subject property 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 6. 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 sign -d and approved this 18th day of March, 2008 4 0, David Edler, mayor ATTEST .{ A'' City Clerk 1 M 7 dr SEAL Publication Date 3/21/08 P Effective Date 4/20/08 'SHI NG �� 111 11 II II 011 1606038 5 04/3/2008 11 23A CITY OF YAKIMA PLANNING IORD $46 00 Yakima Co, WA • EXHIBIT "A" ROY JOHNSON CPA # 4 -07, RZ #6 -07, EC #15 -07 4906 SUMMITVIEW AVENUE YAKIMA, WASHINGTON LEGAL DESCRIPTION Parcel No. 181321 -41001 THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M. EXCEPT THE EAST 330 FEET, AND EXCEPT RIGHT OF WAY FOR ROAD II III II 0 111 II II 0 7606038 Page 4 04' 5 0 4/312006 11 23A CITY OF YAKIMA PLANNING ` I IORD $46 0 Yakima Co, WA rr 1 \ v Roy Johnson _ � �' ORD 2008 -13 7 ��Q l#4-07 PA II�C t .. m jj \- �� j 7 L ZONEODE E 1 .. -. = = • _ _. SR Suburban Residential - R -1 Single Family CASCADE DR - 4111r 1 1 1 �'B J - R -2 Two Family 1 ; , QO , R -3 Multi Family w 1 > �m� B -1 Professional Business > 4111P Ul] d , — > 1 1 1 F d m /yam . 1 B- a lib < 1 1 1 `�� I - ! ?EE::center ; 1 er \� n Ei 1 1 1 - _ LCC Large Convenience Center Ell MI in . .., _ _ 1 BARGE ouED BARGE SL [� — CBD Central Business District n � :r � iii > g - ; 1 � i — CBDS CBD Support C , , 1 1 C' \� / re 7.9 M -1 Light Industnal { TA N J , 1 � � � / _— Ell M-2 H eavy Industnal ir � — z z w 1 �/ �J w 1 1 SS = \� = i 1 • H e ` k \0 im \ ® Subject Property \ —Q a w 1 1 re a 1 1 a n _ 1 E i - 0, W CHESTNUT AVE 1 1 G, i iim■ _ 1; O I i MCCARGARS 2LRI-7,...- a e o w z w I -J a 0) a m a m _ W WALNUT ST > yr N 2 co N to a A s • co .�� Iv ( cz• 0 1 i _ ME W I 1 inch equals 500 feet co 3D - to ro CO s • 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 41) 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.