HomeMy WebLinkAbout2008-018 Rezone 1007, 1009, 1101, 1103 and 1105 W. Washington Avenue; Bill Chichenoff •
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Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title Ordinance No. 2008 -18
Rezone property located at 1007, 1009, 1101, 1103, 1105 West
Washington Avenue — Bill Chichenoff et al applicant
Grantor City of Yakima
Grantee The public
LEGAL DESCRIPTION:
Parcel No. 181336 -24017
The West 56 feet of the East 269 feet of the South 155 75 of Tract 28, Plat of Section 36, Township 13
North, Range 18 East, W M., as recorded in Volume "E" of Plats, Page 36, records of Yakima County,
Washington,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24031
The South half of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W M., as recorded in
Volume "E" of Plats, Page 36, records of Yakima County, Washington,
EXCEPT the West 155 feet, and
EXCEPT the East 269 feet, and
EXCEPT the South 121 feet,
TOGETHER WITH the East 50 feet of the West 314 feet of the South 121 feet of said Tract,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24032
The East 54 5 feet of the West 209 5 feet of the South 121 feet of the South half of Tract 28, Plat of
Section 36, Township 13 North, Range 18 East, W M., as recorded in Volume "E" of Plats, Page 36,
records of Yakima County, Washington,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24033
The East 54 5 feet of the West 264 feet of the South 121 feet of the South half of Tract 28, Plat of Section
36, Township 13 North, Range 18 East, W M., as recorded in Volume "E" of Plats, Page 36,
EXCEPT the South 10 feet for road
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7 73/ 6 2 9 :8 3 11 6 27R
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CITY OF YAKIMA PLANNING _1 'D $47 00 Yakima Co, OA
Parcel No. 181336 -24034
The East 54 5 feet of the West 323 5 feet of the South 121 feet of the South half of Tract 28, Plat of
Section 36, Township 13 North, Range 18 East, W M , as recorded in Yakima County, Washington,
EXCEPT the South 10 feet for road
PARCEL NUMBERS:
181336- 24031, 181336- 24031, 181336- 24032; 181336- 24033, 181336 -24034
763
6
Page 0604 2 of
04/3 '2008 11 27A
CITY Of YAKIMA PLANNING H ORD $47 G0 Yakima Co, WA
ORDINANCE NO. 2008 -18
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, five
parcels of property located at 1007, 1009, 1101, 1103 and 1105 W
Washington Avenue, Yakima, Washington from Two - Family Residential
(R -2) to Local Business (B -2) as more fully described herein, and
approving, with conditions, the recommendation of the Hearing Examiner
for the City of Yakima regarding the same, Bill Chichenoff et al., identified
as the applicants herein.
WHEREAS, by application dated April 30, 2007, Bill Chichenoff et al requested the
rezone of Yakima County Assessor's Parcel Nos 181336- 24017, 181336- 24031, 181336-
24032, 181336 -24033 and 181336- 24034, at 1007, 1009, 1101, 1103 and 1105 W Washington
Avenue, Yakima, Washington (hereinafter "Subject Property "), from Two - Family Residential (R-
2) to Local Business (B -2), 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 #9 -07, Rezone #11 -07, and EC #20 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Two - Family
Residential (R -2) to Local Business (B -2), 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 1007, 1009, 1101, 1103 and 1105 W Washington
Avenue, Yakima, Washington (Yakima County Assessor's Parcel Nos. 181336- 24017, 181336-
24031, 181336- 24032, 181336 -24033 and 181336 - 24034,), legally described in Exhibit "A ",
attached hereto and incorporated herein by this reference, is hereby rezoned from Two - Family
Residential (R -2) to Local Business (B -2)
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #11 -07, and EC #20 -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.
7606043
Page 3 of 6
04/03/2008 11 VA C ITY OF YAKIMA PLANNING ! IORD $47 00 Yakima Co, WA
Section 4. 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 5. 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 me-ting and sign= • and approved this
18th day of March, 2008
Al
David Edler, ayor
ATTEST
_10--RIXTL0t-L211cm-k—.
City Clerk ..• K I M,�',,,
Publication Date 3/21/08 Q • SEAL
Effective Date 4/20/08 gsti
Oil 111 II I I II 01 7606043
Page 4 of 6
r'G3120
CITY OF YAKIMA PLANNING !' F ORD $47 0
00 Ya Go 11,1113 11,1113 I1 27A
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- .a
EXHIBIT "A"
BILL CHICHENOFF ET AL
CPA #9 -07, RZ #11 -07, EC #20 -07
1007, 1009, 1101, 1103, 1105
W WASHINGTON AVENUE
YAKIMA, WASHINGTON
LEGAL DESCRIPTION
Parcel No. 181336 -24017
The West 56 feet of the East 269 feet of the South 155 75 of Tract 28, Plat of Section 36,
Township 13 North, Range 18 East, W M , as recorded in Volume "E" of Plats, Page 36,
records of Yakima County, Washington,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24031
The South half of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W M , as
recorded in Volume "E" of Plats, Page 36, records of Yakima County, Washington,
EXCEPT the West 155 feet, and
EXCEPT the East 269 feet, and
EXCEPT the South 121 feet,
TOGETHER WITH the East 50 feet of the West 314 feet of the South 121 feet of said Tract,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24032
The East 54 5 feet of the West 209 5 feet of the South 121 feet of the South half of Tract 28,
Plat of Section 36, Township 13 North, Range 18 East, W M , as recorded in Volume "E" of
Plats, Page 36, records of Yakima County, Washington,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24033
The East 54 5 feet of the West 264 feet of the South 121 feet of the South half of Tract 28, Plat
of Section 36, Township 13 North, Range 18 East, W M., as recorded in Volume "E" of Plats,
Page 36,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24034
The East 54 5 feet of the West 323 5 feet of the South 121 feet of the South half of Tract 28,
Plat of Section 36, Township 13 North, Range 18 East, W M., as recorded in Yakima County,
Washington,
EXCEPT the South 10 feet for road
7606043
Page 5 of 6
0410312008 11 VA
CITY OF YAKIMA PLANNING 1OR' $4? 00 Yakima Co, WA
w Bill Chichenoff et al
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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
0 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 ' • 'royal Ma • s of Amendment sites Ordinance a • • rovin •
Comprehensive Plan and Ordinances effecting the rezoning of nine of the properties
(available Monday,Ilarch 17 20
APPROVED FOR SUBMITTAL. - ---- )0, 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