HomeMy WebLinkAbout2008-017 Rezone 2013 and 2015 Willow Street and 2018 Fruitvale Boulevard; Des Mathis 1ks
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Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title Ordinance No. 2008 -17
Rezone property located at 2013, 2015 Willow Street & 2018 Fruitvale
Boulevard from Two - family Residential (R -2) to Central Business District
Support (CBDS) —Des Mathis applicant
Grantor City of Yakima
Grantee The public
LEGAL DESCRIPTION:
Parcel No. 181314 -42411 The West 64 feet of the East 384.35 feet of Lot 16 of the Lewis -
Terry Garden Tracts, recorded in Book "F" of Plats, Page 15, records of Yakima County,
Washington
Parcel No. 181314-42413: The South half of the West 64 feet of the East 448.35 feet of Lot 16
of the Lewis -Terry Garden Tracts, recorded in Book "F" of Plats, Page 15 records of
Yakima County, Washington, EXCEPT the South 20 for road right of way
Parcel No. 181314-42440: That portion of the North half of the South half of the Northwest
quarter of the Southeast quarter of Section 14, Township 13 North, Range 18 East W.M.
described as follows. BEGINNING at the intersection as it existed January 3, 1936, of the
South line of Fruitvale Boulevard and of the West line of Wright Avenue, Then along said
South line 384.35 feet to the TRUE POINT OF BEGINNING, Then continuing West 128
feet, then South parallel with the West line of Wright Avenue 301 feet, more or less, to the
North line of Tract 16, the Lewis -Terry Garden Tracts, Then East along said North line 128
feet, then North 301 feet, more or less, TO THE POINT OF BEGINNING, LESS
PORTION along the North line conveyed to State of Washington for State Road Number 5
by Deeds recorded under Auditor's File Numbers 1237711 and 1246759, records of
Yakima County, Washington
PARCEL NUMBERS:
181314- 42411,181314- 42413,181314 -42440
7604
Page 1 of
G4?G3 60 /2008 11 5 26A
CITY OF YAKIMA PLANNING i _$46 00 Yakima Co, WA
` a
ORDINANCE NO. 2008-1 7
AN ORDINANCE relating to land use regulation and zoning, rezoning, with conditions, three
parcels of property located at 2013 and 2015 Willow Street and 2018
Fruitvale Boulevard, Yakima, Washington from Two - Family Residential
(R -2) to Central Business District Support (CBDS) as more fully described
herein, and approving, with conditions, the recommendation of the
Hearing Examiner for the City of Yakima regarding the same, Des Mathis,
identified as the applicants herein
WHEREAS, by application dated April 30, 2007, Des Mathis requested the rezone of
Yakima County Assessor's Parcel Nos. 181314 - 42411, 181314 -42413 and 181314 - 42440, at
2013 and 2015 Willow Street and 2018 Fruitvale Boulevard, Yakima, Washington (hereinafter
"Subject Property"), from Two - Family Residential (R -2) to Central Business District Support
(CBDS), 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 #8 -07, Rezone #10 -07, and EC #19 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Two - Family
Residential (R -2 to Central Business District Support (CBDS), 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 2013 and 2015 Willow Street and 2018 Fruitvale
Boulevard, Yakima, Washington (Yakima County Assessor's Parcel Nos. 181314- 42411,
181314 -42413 and 181314 - 42440,), legally described in Exhibit "A ", attached hereto and
incorporated herein by this reference, is hereby rezoned from Two - Family Residential (R -2) to
Central Business District Support (CBDS)
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #10 -07, and EC #19 -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.
II III I II II I I II 704
Pa 606 2 of
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, CITY OF YAKIMA PLANNING I IORD $46 66 Yakima Co, WA
Section 4. The rezone granted by this ordinance is expressly conditioned on the
Owner's satisfaction of the following conditions stated on page 8 of the Hearing
Examiner's Recommendation.
a. The applicant shall provide documentation to the City Department of
Community and Economic Development demonstrating that the
application for rezone has been authorized by the owner of record of the
subject properties
b. Access to Willow Street from the subject properties shall only be used for
short term construction, emergency and residential purposes.
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 meetin•_ and signed and approved this
18th day of March, 2008.
-mod Edler, Mayor
ATTEST
City Clerk
* SEAL o
Publication Date _ 3/21/08
\ ^ � y � •.........•
Effective Date 4/20/08
7 2
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CITY OF YRKIMA PLANNING IORD $46 00 Yakima Co, WA
EXHIBIT "A"
DES MATHIS
CPA #8 -07, RZ #10 -07, EC #19-07
2013, 2015 WILLOW STREET & 2018 FRUITVALE BOULEVARD
LEGAL DESCRIPTION:
Parcel No. 181314-42411
The West 64 feet of the East 384 35 feet of Lot 16 of the Lewis -Terry Garden Tracts, recorded in Book "F"
of Plats, Page 15, records of Yakima County, Washington
Parcel No. 181314 -42413
The South half of the West 64 feet of the East 448.35 feet of Lot 16 of the Lewis -Terry Garden Tracts,
recorded in Book "F" of Plats, Page 15, records of Yakima County, Washington,
EXCEPT the South 20 for road right of way
Parcel No. 181314 -42440
That portion of the North half of the South half of the Northwest quarter of the Southeast
quarter of Section 14, Township 13 North, Range 18 East, W M. described as follows:
BEGINNING at the intersection as it existed January 3, 1936, of the South line of Fruitvale Boulevard and
of the West line of Wright Avenue,
Then along said South line 384 35 feet to the TRUE POINT OF BEGINNING, Then continuing West 128
feet, then South parallel with the West line of Wright Avenu7e 301 feet, more or less, to the North line of
Tract 16, the Lewis -Terry Garden Tracts,
Then East along said North line 128 feet, then North 301 feet, more or less,
TO THE POINT OF BEGINNING,
LESS PORTION along the North line conveyed to State of Washington for State Road Number 5 by
Deeds recorded under Auditor's File Numbers 1237711 and 1246759, records of Yakima County,
Washington
7 0: 6 1 0 3 6, 2 0 E;
of 5
08 11 26R
CITY OF YAKIMA PLANNING iORD $46 0A Yakima Co, WA
Des Mathis
ORD 2008 -17 .
CPA #8 -07
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ZONE CODE
SR Suburban Residential
R -1 Single Family
R -2 Two Family
CASTLEVALE RD - FRUINALE BLVD MM R3 M Family
8 -1 Professional Business
1 1 MI B-2 Local Business
1 1 - HB Historical Business
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MN SCC Small Conveneice Center
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• 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 Monday, March 17 20
APPROVED FOR SUBMITTAL. Tom`' 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
III
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
•
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