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HomeMy WebLinkAbout2008-010 Rezone South 64th Ave and West Washington Ave; Walter and Virginia Mick Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2008 -10 Rezone property in the vicimty of S 64 Avenue and West Washington Avenue from Suburban Residential (SR) to Small Convenience Center (SCC) -- Walter and Virginia Mick applicants Grantor City of Yakima Grantee The public LEGAL DESCRIPTION: Section 33 Township 13 Range 18 Lot 1 SP 80 173 EX N 15 FT CO RD R/W, Section 33 Township 13 Range 18 SP 80 173 Lot 2, Section 33 Township 13 Range 18 SP 80 173 Lot 3 PARCEL NUMBERS: 181333- 32403, 181333 - 32404, 181333 -32405 crfi r— p 7606035 5 04 11 21A C ITY OF 0 PLAMNING _ , , , ORO i'4fi 00 Ya irn ORDINANCE NO. 2008 - 10 AN ORDINANCE relating to land use regulation and zoning, rezoning, with conditions, three parcels of property located in the vicinity of the SE Corner of S 64 Avenue and W Washington Avenue, Yakima, Washington from Suburban Residential, (SR) 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, Walter Mick, and Virginia Mick, identified as the applicants herein WHEREAS, by application dated April 18, 2007, Walter and Virginia Mick requested the rezone of Yakima County Assessor's Parcel Nos 181333 - 32403, 181333 -32404 and 181333- 32405, located in the vicinity of the SE Corner of S 64 Avenue and W Washington Avenue, Yakima, Washington (hereinafter "Subject Property "), from Suburban Residential, (SR), to Small Convenience Center, (SCC), 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 #1 -07, Rezone #3 -07, and EC #11 -07, (the "recommendation ") recommending that the Subject Property be rezoned from Suburban Residential, (SR) 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 in the vicinity of the SE Corner of S 64 Avenue and W Washington Avenue, Yakima, Washington (Yakima County Assessor's Parcel Nos 181333 - 32403, 181333 -32404 and 181333 - 32405), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Suburban Residential, (SR), to Small Convenience Center, (SCC) Section 2. The findings within the November 2, 2007 Hearing Examiner's Recommendation (UAZO RZ #3 -07, EC #11 -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. T . 7606035 Page 2 of 5 04r'03,'200$ 11 21A CITY OF YAKIMA PLANNING , $4fi 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. 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 meeting and signed and approved this 18th day of March, 2008 4e#i / avid Edler, Mayor ATTEST V' f f d •• 11 City Clerk * : SEAL • Publication Date 3/21/08 , ,, 9 S h'1NG \ o �� Effective Date 4/20/08 — 11 10 7606035 Pa 3 04 04r'03'2008 11 S 2lA CITY OF YAKIPIR PLANNING 11 (ORD ' X46 00 . Yakima Co, OR EXHIBIT "A" WALTER & VIRGINIA MICK CPA #1 -07, RZ #3 -07, EC #11 -07 SE CORNER OF S. 64 AVENUE & WASHINGTON AVENUE YAKIMA, WASHINGTON LEGAL DESCRIPTION - Parcel No. 181333 -32403 Section 33 Township 13 Range 18 Lot 1 SP 80 173 EX N 15 FT CO RD R/W Parcel No. 181333 -32404 Section 33 Township 13 Range 18 SP 80,173 Lot 2 Parcel No. 181333 -32405 Section 33 Township 13 Range 18 SP 80 173 Lot 3 - - II II III I II II II 11 II I I II 70 6060 i 5 21R CITY OF YAkIMR PLANNING — I I ORO MG 06 Yakima Co, WA TERRY AVE Walter & Virginia Mi ORD 2008 -10 , CPA #1 -07 0 o Q f . x w a, to w J, co W Q 4 w a _ Y J v . dJ E.. a. 1- ZONE_CODE 0. SR Suburban Residential R -1 Single Family R -2 Two Family R -3 Multi Family B -1 Professional Business W WASHINGTON AVE B - Local Business - HB Historical Business 1 1 _ SCC Small Conveneice Center 1 1 - LCC Large Convenience Center 1 1 - CBD Central Business District 1 S C d 1 CBOS CBD Support t 1 1 = * M 1 Light Industrial 1 ~ 1 , _ M -2 Heavy Industnal 1 1 co - � 1 1 imr -c ® Subject Property ■•- > WHATCOM AVE > a a X x L O N Z - N N LEMONA DR v 0 ■Ii■ S CRESTFIELDS RD Cr) m = m I / Is 9 G CRESTFIELDS RD ' m w, _ co a N - . " mm � m i � � , ? A 411111 : :fi r ti� S YST _ i o m p f I 1 Inch equals 500 feet cn - m W .-. » , Ut S.7.- rs re 7> TERRY AVE _ j Walter & Virginia Mick ORD 2008 -10 , CPA #1 -07 0 X a X _ ) W a 1 - a U. J b �. > V) N a tu J J 1 1- U u) m CZ Z 4) 0 ce ZONE_CODE cc a SR Suburban Residential a R -1 Single Family R -2 Two Family R -3 Multi - Family B-1 Professional Business W WASHINGTON AVE — B Local Business I _ HB Historical Business — SCC Small Conveneice Center - LCC Large Convenience Center - CBD Central Business District w CBDS CBD Support 4 x M -1 Light Industrial I— S — M -2 Heavy Industrial rn ® Subject Property > WHATCOM AVE > 4 4 x x H )- o m co N N 0) LEMONA DR S CRESTFIELDS RD S N m CRESTFIELDS RD ) �r 9 � Z. ` G 1. W , to '' to < N s rn 1 i ce E�SY ST 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 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 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. — 1., 5 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 a