HomeMy WebLinkAbout2002-045 Congdon Orchards, Inc. Rezone Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: City of Yakima Ordinance No. 2002 -45
(Congdon Orchards Rezone)
Grantor: City of Yakima
Grantee: Congdon Orchards, Inc.
ABBREVIATED LEGAL DESCRIPTIONS: S 3 /4 S28, T13N, R18 EWM;
N /2S33,T13N,R18 EWM; NE /4NE' S32, T13N, R18 EWM; S 1 /2
NE '/4 S29, T13N, R18 EWM (Exhibit `A' contains full legal
descriptions)
Parcel Numbers: 181328 - 13421, 23403, 23404, 24400, 24401, 31401, 31402,
23400, 32401, 32402, 33002, 34001, 42401, 43400, 43401,
43402; 181329- 13406, 14400,14401,41401, 41402, 44001;
181332- 11001; 181333- 12001, & 23001
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ORDINANCE NO. 2002-45
AN ORDINANCE concerning land use and zoning; rezoning 25 parcels (approximately
725 acres) in the vicinity of South 64 and 72 Avenues, West Nob
Hill Boulevard, and West Washington Avenue from Suburban
Residential (SR) and Single- Family Residential (R -1) to Two - Family
Residential (R -2), Multi- Family Residential (R -3), Central Business
District Support (CBDS), Small Convenience Center (SCC), and Light
Industrial (M -1); and amending the Official Yakima Urban Area
Zoning Map accordingly.
WHEREAS, Congdon Orchards, Inc., a Delaware corporation ( "Congdon ") is the owner of
certain real property consisting of approximately 725 acres of land located within the City in
the vicinity of South 64 and 72 Avenues, West Nob Hill Boulevard, and West Washington
Avenue, which real property is described in Exhibit A, incorporated herein, and hereinafter
referred to as the "Subject Property "; and
WHEREAS, Congdon Orchards, Inc. ( "Congdon "), the Owner, by application dated
January 8, 2002, requested amendment of the Official Yakima Urban Area Zoning Map to
rezone the Subject Property from Suburban Residential (SR) and Single- Family Residential
(R -1) to Two - Family Residential (R -2), Multi - Family Residential (R -3), Central Business
District Support (CBDS), Small Convenience Center (SCC), and Light Industrial (M -1) in
order to establish rights to pursue development and use of the Subject Property; and
WHEREAS, on March 5, 2002, pursuant to RCW Chapter 43.21C, the State Environmental
Policy Act (SEPA), the City of Yakima SEPA Responsible Official issued a Determination of
Non - Significance (DNS) for the requested rezone, which was not appealed; and
WHEREAS, on March 14 and April 15, 2002, the City of Yakima Hearing Examiner
conducted a duly convened, open - record public hearing regarding the requested rezone (City
No. RZ #1 -02) and after considering the contents of the file and evidence received at the
public hearing, issued his Examiner's Recommendation, Examiner No. IUO2-2-5, dated
April 30, 2002; and
WHEREAS, subsequent to the aforementioned recommendation, the Yakima City Council
remanded this matter to the Hearing Examiner in order to take further evidence concerning
the Hearing Examiner's proposed conditions of approval, the Hearing Examiner reopened the
open- record public hearing described above on June 24, 2002, and after considering the
contents of the file and evidence received at the public hearings above as well as the June 24
remand hearing, issued his Revised Recommendation After Remand, dated July 9, 2002
(Revised Recommendation); and
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WHEREAS, the Hearing Examiner recommended that, subject to the conditions stated on
pages 40 -46 of the Hearing Examiner's Revised Recommendation, the Subject Property
should be rezoned as requested; and
WHEREAS, at a duly convened, closed- record hearing on July 30, 2002, the City Council
considered the requested rezone, including the testimony, documents and other evidence
which constitutes the record developed before the Hearing Examiner, the Hearing Examiner's
Revised Recommendation, and the statements of interested persons; and
WHEREAS, in consideration of the Findings and Conclusions stated below, and subject to
the conditions and modifications stated in this Ordinance, it is in the best interests of the City
to approve the requested rezone; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Hearing Examiner's Revised Recommendation After Remand Affirmed:
Subject to the modifications below, the City Council affirms the Hearing Examiner's Revised
Recommendation After Remand to approve the requested rezone. Subject to the following
Findings of Fact and Conclusions of Law made expressly by the City Council, the City
Council adopts the Findings, Conclusions, and Recommendation of the Hearing Examiner's
Revised Recommendation After Remand, Examiner No. IUO2 -2 -5, dated July 9, 2002, which
is incorporated by reference as part of this Ordinance.
I. Jurisdiction
A. Findings. After considering the record in this matter, the City Council makes
the following findings:
(1) The Subject Property is legally described in Exhibit A;
(2) The Subject Property is comprised of 25 parcels which are now zoned
Suburban Residential (SR) or Single - Family Residential (R -1);
(3) Congdon is the Owner of the Subject Property and is authorized to
pursue the requested rezone;
(4) The rezone application was filed on January 8, 2002 and was assigned
City File No. RZ #1 -02 by the Planning Division of the Department of
Community and Economic Development;
(5) Congdon has requested that the Subject Property be rezoned from SR
and R -1 to Two - Family Residential (R -2), Multi- Family Residential (R -3),
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Central Business District Support (CBDS), Small Convenience Center (SCC),
and Light Industrial (M -1);
(6) The City of Yakima is the lead agency for environmental review of the
requested rezone pursuant to RCW Chapter 43.21C, the State Environmental
Policy Act (SEPA);
(7) The requested rezone has been reviewed pursuant to SEPA;
(8) A Determination of Non - Significance (DNS) for the requested rezone
was issued on March 5, 2002, and no appeal was filed;
(9) On March 14 and April 15, 2002, the City of Yakima Hearing
Examiner conducted a duly convened, open- record public hearing regarding
the requested rezone (City No. RZ #1 -02);
(10) The Hearing Examiner considered the contents of the file and the
testimony and evidence presented at the open- record public hearing;
(11) The Hearing Examiner issued his Examiner's Recommendation,
Examiner No. IUO2 -2 -5, dated April 30, 2002;
(12) Pursuant to the City Council's remand to the Examiner in order to take
further evidence concerning the proposed conditions of approval, the Hearing
Examiner re- opened the open- record hearing on June 24, 2002 to take evidence
related to the conditions of approval recommended in his initial
Recommendation;
(13) The Hearing Examiner considered the contents of the file and the
testimony and evidence presented during the March 14, April 15 and June 24,
2002 open - record public hearings;
(14) The Hearing Examiner issued his Examiner's Revised
Recommendation After Remand, Examiner's No. IUO2 -2 -5, dated July 9, 2002
(Revised Recommendation).
B. Conclusion. Based on the above Findings, and pursuant to YMC chapter 15.23
and applicable state and local law, the City Council has jurisdiction to decide whether or not
the requested rezone should be granted.
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II. Review Under Yakima Urban Area Comprehensive Plan
A. Findings. After considering the record in this matter, the City Council makes
the following findings:
(1) The City Council agrees with and therefore adopts the findings of the
Hearing Examiner relating to the rezone proposal's compliance with the
Yakima Urban Area Comprehensive Plan as contained in the Revised
Recommendation § 9.4.1, pp. 15 -21, except as reflected in the City Council's
modifications contained herein, and those findings are hereby incorporated;
(2) All findings stated above are restated in relation to the requirements of
the Yakima Urban Area Comprehensive Plan;
(3) There is substantial evidence that the requested rezone is compatible
with adjacent properties provided that the conditions recommended in the
Revised Recommendation, subject to the modifications contained herein.
B. Conclusions. Based on all the Findings above, the City Council makes the
following conclusions:
(1) Pursuant to the City of Yakima Municipal Code, the requested rezone
which was filed January 8, 2002, is subject to review under the Yakima Urban
Area Comprehensive Plan;
(2) Based on the record below, the proposed conditions in the Revised
Recommendation, and the modifications to those conditions contained herein,
the requested rezone is compatible with adjacent properties;
(3) There is substantial evidence of a need in the City of Yakima for
redevelopment of the Subject Property;
(4) The requested rezone satisfies the requirements of the Yakima Urban
Area Comprehensive Plan.
III. Review Under Title 15 of the Yakima Municipal Code:
A. Criteria: YMC 15.23.030(E) provides the following generally applicable
criteria for rezones. The criteria function in the first instance as considerations required of the
Hearing Examiner's Recommendation. They then function as considerations required of the
City Council for its decision to affirm or reject the Hearing Examiner's Recommendation
pursuant to YMC 15.23.030(F):
(1) The testimony at the public hearing;
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(2) The suitability of the property in question for uses permitted under the
proposed zoning;
(3) The recommendation from interested agencies and departments;
(4) The extent to which the proposed amendments are in compliance with
and/or deviate from the goals and policies adopted in the Yakima Urban Area
Comprehensive Plan and the intent of this title;
(5) The adequacy of public facilities, such as roads, sewer, water and other
required public services;
(6) The compatibility of the proposed zone change and associated uses
with its neighboring land uses;
(7) The public need for the proposed change.
B. Findings: After considering the record in this matter, the City Council makes
the following findings:
(1) The City Council agrees with and therefore adopts the findings of the
Hearing Examiner relating to the rezone proposal's compliance with Title 15 of
the Yakima Municipal Code as contained in the Revised Recommendation,
§ 9, pp. 10 -38, except as reflected in the City Council's modifications
contained herein, and those findings are hereby incorporated;
(2) All findings stated above are restated in relation to the requirements of
Title 15 of the Yakima Municipal Code;
(3) The Examiner considered, among other things, the City Planning
Division's staff report which recommended approval of the requested rezone,
the arguments and testimony, written and oral, of interested persons /agencies,
and the City file on the application, as supplemented by those same
persons /agencies;
(4) The City Council considered the record below, including the City
Planning Division's staff report and the Hearing Examiner's Revised
Recommendation, as well as the argument of interested persons;
(5) Public Facilities, including streets, domestic and irrigation water and
wastewater infrastructure are either adequate now or will be rendered adequate
for any uses permitted in the rezone property pursuant to separate permitting
requirements.
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C. Conclusions: Based on the above Findings, the City Council makes the
following conclusions:
(1) The Hearing Examiner and the City Council have considered the extent
to which the requested rezone complies with and /or deviates from goals and
policies of the Yakima Urban Area Comprehensive Plan and the intent of
Title 15 of the Yakima Municipal Code, which is stated at YMC 15.0L030;
(2) The Subject Property is suitable for the uses as permitted in the
proposed zones requested;
(3) The requested rezone will complement and not have a significant
detrimental impact on surrounding land uses, provided the conditions
contained in the Examiner's Revised Recommendation, as modified herein, are
met;
(4) A public need exists for the requested rezone in conjunction with uses
that may otherwise be permitted pursuant to the zones requested and the
Congdon rezone application;
(5) There is substantial evidence in the record that the requested rezone
satisfies the requirements of Title 15 YMC.
IV. Other Requirements
A. Changed Circumstances: Washington law generally requires that the City
Council determine that changed circumstances justify rezoning land.
(1) Findings: After considering the record in this matter, the City Council
restates all findings stated above in relation to the requirement of changed
circumstance, and specifically agrees with and therefore adopts the analysis of
the Hearing Examiner contained in his Revised Recommendation on this issue,
including but not limited to the analysis and discussion contained in § 9.7,
pp. 37 -38;
(2) Conclusion: Based on all Findings stated above, the City Council
concludes that changed circumstances justify rezoning the Subject Property
from Suburban Residential (SR) and Single- Family Residential (R -1) to Two -
Family Residential (R -2), Multi - Family Residential (R -3), Central Business
District Support (CBDS), Small Convenience Center (SCC), and Light
Industrial (M -1) as conditioned by this Ordinance.
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B. Airport Safety Overlay Regulations.
(1) Findings:
(a) The City of Yakima, along with the County of Yakima, is an
owner /sponsor of the Yakima Air Terminal and recipient of federal
airport improvement assistance grants, providing written assurances to
the United States to protect the YAT;
(b) The City recognizes the need to meet its commitments to the
FAA and protect both the functions of the airport and its citizenry and
property;
(c) Yakima Municipal Code chapter 15.30 contains the Airport
Safety Overlay (ASO) regulations, meant to assure compatibility of
proposed development with local, state, and federal regulations
governing the use and operation of the Yakima Air Terminal (YAT),
and the safety of its own citizens on the ground and in the air;
(d) The Washington State Department of Transportation's Aviation
Division commented on the proposed rezone on March 15, 2002
(Exhibit I -14) and at the closed- record hearing of July 30, 2002
(comments of Theresa Smith, Manager, Aviation Planning). The
Aviation Division and others expressed support for the City's
continuing efforts to enforce the ASO in accordance with the Aviation
Division guidelines;
(e) Neighbors for Responsible Development (NFRD), the group
opposing this proposed rezone, argues that the City has failed to
properly apply the ASO to the proposed rezone to address potential
incompatibilities from potentially proposed uses within certain of the
proposed zones in the requested rezone, and, as a result, among other
things, puts in jeopardy funding from the Federal Aviation
Administration (FAA) for YAT improvements;
(f) Congdon argues that, for purposes of the rezone, the May 24,
2001 letter (Exhibit H -21 b) from Bob Clem, YAT manager, to Terry
Schmalz, Congdon counsel, resolved this issue.
(2) Conclusions:
(a) For purposes of this rezone request, Exhibit H -21b is
dispositive;
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(b) T he commitment of Congdon, the City and the YAT to work
together to implement local, state and federal law will require the
balancing of the continuing economic vitality of the City of Yakima,
the safe and efficient operation of its airport, and of paramount concern,
the health, safety and welfare of its citizens;
(c) The City of Yakima and the YAT will work together to ensure that
commitments to the FAA contained in the Airport Improvement
Program Grant Assurances are met so as to preserve and maintain the
public health, safety and welfare, and the good relationship and
contractual commitments between the City of Yakima and the FAA;
only upon a showing of compliance with those FAA Grant Assurances
will any land use proposal be allowed to proceed;
(d) Only upon a determination of compliance with project- specific
review (e.g. SEPA, Class 2 review, etc.) and appropriate mitigation,
will any land use proposal be allowed to proceed.
V. Modifications to Hearing Examiner's Recommended Conditions/Recommendations
A. Lighting Requirements (for Tracts D and E /CBDS Zoning).
(1) Findings: •
(a) The Hearing Examiner's Revised Recommendation After
Remand recommends the imposition of a condition requiring that,
among other things, "[o]utdoor lighting shall be limited to 50,000
lumens per net acre ... ", as reflected in recommendations 4.3 and 5.4
on pages 43 and 44 of the Revised Recommendation;
(b) On pages 32 through 34 of the Revised Recommendation, the
Hearing Examiner describes his own research to arrive at the lighting
standard referenced above;
(c) Based on the Examiner's research and Outdoor Lighting Code
Handbook standards, along with a comparison to the currently planned
Mountainstar Resort development in Roslyn, Washington, where an
even lower ambient lighting level was agreed to, the Examiner believed
that imposition of the 50,000 lumen standard was appropriate;
(d) Congdon provided expert testimony that the lumen standard
cited by the Hearing Examiner is inappropriate for the safety and
security of the properties and users of the potential uses in the CBDS
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zones for Tracts D and E to which the Examiner's proposed standard
was to be applied; further, Congdon argues that the Examiner took
improper judicial notice of the standard advocated by the Outdoor
Lighting Code Handbook when, in fact, there is no consensus as to
which standard ought to be applied; Congdon's expert argued for
application of a use -by -use analysis pursuant to the Illuminating
Engineering Society of North America's standards; moreover, the
Mountainstar Resort lighting level is misleading since, there, allocation
of light is based on a budget that can be shifted from one area to
another, whereas here, there is no lighting "budget" as there is no
specific use proposed; finally Congdon points out that since no specific
project is proposed, no specific lighting standard is appropriate at the
time of this rezone;
(e) Congdon offered examples of other lighting standards in nearby
jurisdictions as examples which the City may refer to for guidance in
this matter, and offered Exhibit I -33 as a standard which would assure
both the safety and security of the improvements and users for the
potential uses in the CBDS zones of Tracts D and E but also minimize
impacts to neighboring properties.
(2) Conclusions: •
(a) Having considered all the arguments and evidence presented on
the record below, the City Council concludes that the Examiner
improperly took judicial notice of lighting standards for which there is
no consensus;
(b) The City of Yakima cannot be likened to Coconino County,
Arizona, for purposes of a comparison to its lighting needs; it is the
City's legal obligation to be concerned with the safety and security of
both its citizens and the improvements on its property within its
jurisdiction, as well as indirect impacts of lighting on nearby properties;
(c) Therefore, the City Council concludes that, because no specific
project is proposed at this time, appropriate standards be required of
those uses as they are proposed for development and evaluated in the
City's permit review process, and that the Examiner's recommendations
4.3 and 5.4 on pages 43 and 44 of the Revised Recommendation shall
not be imposed.
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B. Open Space /Landscaping Requirements (for Tracts D and E /CBDS Zoning).
(1) Findings:
(a) In his Revised Recommendation, the Hearing Examiner
recommends that the open space /landscaping requirement for any
parking lot in Tracts D and E (CBDS zoning) shall be 10% of the
parking lot area rather than the 5% currently required, as reflected in
his recommendations, paragraphs 4.4 and 5.5;
(b) In his Revised Recommendation, paragraph 9.4.7.3 at page 34,
the Examiner argues that an increase in the open space required in the
parking lot area from 5% to 10% will soften, to some extent, the impact
of 100% lot coverage otherwise permitted in the CBDS zone in Tracts
D and E;
(c) Congdon argues that the increase proposed by the Hearing
Examiner is arbitrary and capricious, that there is no direct relationship
or nexus to the proposed rezone since no specific projects have been
applied for;
(2) Conclusions: Federal, state and city law do not permit the Examiner to
impose the proposed increase in open space. Moreover, there is no project
proposed, and the Examiner's arbitrary condition assumes SEPA can provide
no relief when there is.
C. SEPA Review for All Proposals, Regardless of Size or Intensity in the CBDS
Zones in Tracts D and E.
(1) Findings:
(a) The City Council recognizes the valuable nature of public input
and participation in far - reaching projects of this type, where the
timeline for development may stretch out to 40 years or more;
(b) SEPA provides enhanced opportunities for public input and
review of development projects; however, some project actions are
categorically exempt from SEPA;
(c) During the closed - record hearing on July 30, 2002, Congdon
offered to subject all proposals, regardless of size, intensity or SEPA
categorical exemptions, to SEPA review.
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(2) Conclusions:
(a) The City Council believes that this rezone proposal justifies
enhanced public review;
(b) The City Council accepts Congdon's offer and requires that all
proposals, regardless of size, intensity, or SEPA categorical
exemptions, in the CBDS zones in Tracts D and E are required to
undergo SEPA review;
(c) This modification shall be implemented by Congdon recording
a covenant running with the land, in such foiul as the City and
Congdon shall agree, the substance of which is to require Class 2
review of any site - specific project on Tracts D and E; provided,
however, that, as a condition precedent to the effectiveness of this
Ordinance, Congdon shall duly execute an Agreement that will require
SEPA review of any site - specific project on Tracts D and E, and
provides that Congdon will protect, indemnify, hold harmless, and
defend the City of Yakima from and against any claims or actions for
failure to comply with and /or relating to the enforceability of this
condition, including its compliance with RCW 36.70B, such obligation
to survive any transfer of ownership of property in Tracts D and E, for
a period of time not to exceed 40 years.
D. Increase of Level of Review for Currently Identified Class 1 Uses in CBDS
Zones in Tracts D and E.
(1) Findings:
(a) The City Council recognizes the valuable nature of public input
and participation in far - reaching projects of this type, where the
timeline for development may stretch out to 40 years or more;
(b) At the closed- record hearing on July 30, 2002, Congdon agreed
that all uses currently identified for Class 1 review in the CBDS zones
of Tracts D and E under the Yakima Municipal Code shall be subject to
Class 2 review;
(c) Currently, Class 1 uses in CBDS zones are permitted outright
with little or no public review or process;
(d) Class 2 review creates a rebuttable presumption of compatibility
for those same uses, but would ensure substantial additional public
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participation and review of the permitting process with the possibility
of appeal;
(2) Conclusions:
(a) To further ensure the compatibility of the proposed rezone to
surrounding properties, the City Council requires that all uses currently
identified as appropriate for Class 1 review in the CBDS zones for
Tracts D and E be required to obtain approval through the Class 2
review process contained in the Yakima Municipal Code;
(b) This modification shall be implemented by Congdon recording
a covenant running with the land, in such form as the City and
Congdon shall agree, the substance of which is to require a Class 2
review of any site - specific project on Tracts D and E; provided,
however, that, as a condition precedent to the effectiveness of this
Ordinance, Congdon shall duly execute an Agreement that will require
Class 2 review of any site - specific project on Tracts D and E, and
provides that Congdon will protect, indemnify, hold harmless, and
defend the City of Yakima from and against any claims or actions for
failure to comply with and/or relating to the enforceability of this
condition, including its compliance with RCW 36.70B, such obligation
to survive any transfer of ownership of property in Tracts D and E, for
a period of time not to exceed 40 years.
Section 2. Amendment of Official Yakima Urban Area Zoning Map: The official
Yakima Urban Area Zoning Map shall be amended to rezone the subject property from
Suburban Residential (SR) and Single - Family Residential (R -1) to Two - Family Residential
(R -2), Multi - Family Residential (R -3), Central Business District Support (CBDS), Small
Convenience Center (SCC), and Light Industrial (M -1).
Section 3. General Conditions: The rezone approval granted by this Ordinance is expressly
made subject to Congdon's satisfaction of each and every condition as required by the Hearing
Examiner in his Revised Recommendation and as modified and conditioned by the City
Council herein.
Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this
Ordinance with the Yakima County Auditor.
Section 5. Subject to the foregoing provisions and conditions, this Ordinance shall be in full
force and effect thirty (30) days after its passage, approval and publication as provided by law
and by the City charter, and this action shall be final and conclusive unless within 21 days
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from the date this Ordinance is passed by the City Council an aggrieved party commences
proceedings for review pursuant to the provisions of RCW Chapter 36.70C.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
20th day of August, 2002.
14' 7---'
ary Place, Mayor
ATTEST:
City Clerk
Publication Date: 8/23/02
Effective Date: 9/23/02
'i d to be a true and correct �g'. _� orrec copy of iSili: � the
orrigin.at ;lied in my office. ` - 1_4_
+ ITY CLERK
P
By 'f4 Deputy d ,.. —
iAKI4 -,,.
. ... di
t SEAS. ' , :
SH1 NG���
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EXHIBIT A
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Parcel 181328 -23404 Currently zoned R -1, Proposed Zone CBDS and R -3
Lot 8, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South side thereof.
Situate in Yakima County, Washington.
Parcel 181328 -23403 Currently zoned R -1, Proposed Zone CBDS and R -3
Lot 7, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South side thereof.
Situate in Yakima County, Washington.
Parcel 181328 -24401 Currently zoned R -1, Proposed Zone CBDS and R -3
Lot 6, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of-Yakima County, Washington.
Except right of ways along the South side thereof. .
Situate in Yakima County, Washington.
Parcel 181328 -24400 Currently zoned R -1, Proposed Zone CBDS and R -3
Lot 5, YAKIMA VALLEY ORCHARD TRACTS. according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South side thereof.
Situate in Yakima County, Washington.
Parcel 181328 -13421 Currently zoned R -1, Proposed Zone CBDS and R -3
Lot 4, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South side thereof.
Situate in Yakima County, Washington.
7292787
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flff hI !! IIIIIIIIIIIIIIIIIllhIIIII Jll $41,00 YYakima2Co, WA'S0P
Parcel 181329 -41401 Currently zoned SR, Proposed Zone CBDS
Lot 15, YAKTiV A VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the North side thereof.
Situate in Yakima County, Washington
Parcel 181329 -41402 Currently zoned SR, Proposed Zone CBDS
Lot 16, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the North and East sides thereof.
Situate in Yakima County, Washington
Parcel 181328 -32400 Currently zoned SR, Proposed Zone CBDS
That portion of Lot 17, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof
recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington lying
northerly of the centerline of Wide Hollow Creek and westerly ofthe following described line:
Commencing at the Northwest Corner of the Southwest Quarter of Section 28, Township 13
North, Range 18 East, W.M.
Thence South 89 °11'26" East along the North line thereof 730.00 feet to the Point of Beginning
of said line;
Thence South 00 °06'59" West 509.12 feet to the centerline of Said Wide Hollow Creek and the
teLmnnus of said line.
Except right of way for roads along the north and west sides thereof.
Situate in Yakima County, Washington..
111 11111111111111111111111111111111111111 7292787
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MTV roar ORO $41.66 Yakima Co, WA
Parcel 181328 -31401 Currently zoned SR, Proposed Zone CBDS
That portion of Lots 17 and 18, YAKIMA VALLEY ORCHARD TRACTS, according to the
Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County. Washington.
lying northerly of the centerline of Wide Hollow Creek described as follows:
Commencing at the Northwest corner of the Southwest quarter of Section 28, Township 13
North, Range 18 East, W.M.
Thence South 89 °11'26" East along the North line thereof 730.00 feet to the Point of Beginning:
Thence continuing South 89 °11'26" East 284.64 feet:
Thence South 00 °48'34" West 123.92 feet;
Thence South 63 °22`16 "East 387.70 feet;
Thence South 46 °51'08" East 349.35 feet;
thence South 00 °00'00" East 220.07 feet to the centerline of said Wide Hollow Creek;
thence westerly along said centerline to the intersection with a line bearing
South 00 °06'59" West from the Point of Beginning;
thence North 00 °06'59" East to the Point of Beginning.
Except right of way for road along the north side thereof.
Situate in Yakima County, Washington.
Parcel 181328 -31402 Currently zoned SR and M -1", Proposed Zone R -3
That portion of Lots 18, 19, 20,21 and 29, YAKIMA VALLEY ORCHARD TRACTS,
according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima
County, Washington, and the south half on the Southwest Quarter of Section 28, Township 13
North, Range 18 East, W.M. described as follows:
Commencing at the Northwest corner of said Southwest Quarter of Section 28;
Thence South 89 °11'26" East along the North line thereof 1014.64 feet to the Point of Beginning:
Thence South 00 °48'34" West 123.92 feet;
Thence South 63 °22'1-6" East 387.70 feet;
Thence South 46 °51'08" East 349.35 feet;
thence South 00 °00'00" East 266.40 feet;
Thence South 82 °37'38" East 348.59 feet;
Thence South 01 °06'33" West 509.75 feet;
Thence South 89 °00'14" East 710.54 feet;
Thence South 51 ° 48'50" East 133.16 feet;
Thence North 90 ° 00 °00" East 235.32 feet;
Thence North 00 °23'55" East 1423.85 feet to the north line of the Southeast Quarter of said
Section 28;
Thence North 89 °11'15" West 300.17 feet to the Northwest corner of said Southeast Quarter;
Thence North 89 °11 `26 "West 1695.92 feet to the Point of Beginning.
1103111 11111
7292787
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CITY CLERK ORD 341.80 Yakima Co, WA
Except right of wag for roads along the north side thereof.
Situate in Yakima County, Washington.
Parcel 181328 -42401 Currently zoned M -1, Proposed Zone CBDS
That portion of Lot 21 and Lot 22, YAKIMA VALLEY ORCHARD TRACTS, according to the
Plat thereof recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington
lying northerly of the centerline of Wide Hollow Creek and easterly of the following described
line:
Commencing at the Northwest Corner of the Southeast Quarter of Section 28, Township 13
North, Range 18 East, W.M. -
Thence South 89 °11'15" East along the North line thereof 300.17 feet to the Point of Beginning
of said line;
Thence South 00 °23'55" West 1160 feet of the centerline of Wide Hollow Creek and the
te.0 anus of said line.
Situate in Yakima County, Washington.
Parcel 181328 -32402 Currently zoned SR, proposed Zone SCC
That portion of Lot 20, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof
recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington lying
southerly of the centerline of Wide Hollow Creek, easterly of south 64t Avenue and westerly of
the following described line:
Commencing at the Northwest Corner of the Southwest Quarter of Section 28, Township-13
North, Range 18 East, W.M.
Thence South 00 °06'59" West 1325.81 feet to the Northwest Corner of the south Half of said
Southwest Quarter;
Thence South 89 ° 12'48" East 523.36 feet to the Point of Beginning of said line;
Thence North 00 ° 06'59" East to the centerline of Wide Hollow Creek and the terminus of said
line.
Situate in Yakima County, Washington.
Parcel 181328 -32401 Currently zoned SR, Proposed Zone SCC
That portion of Lot 20, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof
recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington lying
111111 I II I 11111 II I III 7292787
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CITY CLERK OR O $41.88 Yakima Co, WA
southerly of the centerline of Wide Hollow Creek and easterly of the following described line:
Commencing at the Northwest Corner of the Southwest Quarter of Section 28, Township 13
North, Range 18 East, W.M.
Thence South 00 °06'59" West 1325.81 feet to the Northwest Corner of the south Half of said
Southwest Quarter;
Thence South 89 °12'48" East 523.36 feet to the Point of Beginning of said line;
Thence North 00 °06'59" East to the centerline of Wide Hollow Creek and the terminus of said
line.
Except that portion thereof lying easterly of the following described line:
Commencing at the Northwest corner of said Southwest Quarter of Section 28;
Thence South 89 °11'26" East along the North line thereof 1014.64 feet to the Point of Beginning:
Thence South 00 °48'34 West 123.92 feet;
Thence South 63 °22'16" East 387.70 feet;
Thence South 46 °51'08" East 349.35 feet;
thence South 00 °00'00" East 266.40 feet;
Thence South 82 °37'38" East 348.59 feet;
Thence South 01 °06'33" West 490.67 feet to the south line of said Lot 20 and the terminus of
said line.;
Situate in Yakima County, Washington.
Parcel 181329 -44001 Currently zoned R -1, Proposed Zone R -3-
•
• The Southeast Quarter of the Southeast Quarter of Section 29, Township 13 North, Range 18
East, W.M.
Except right of ways along the east side thereof.
Situate in Yakima County, Washington
Parcel 181328 -33002 Currently zoned SR, Proposed Zone SCC
The Southwest Quarter of the Southwest Quarter of Section 28, Township 13 North, Range 18
East, W.M.
Except right of ways along the west side thereof.
Situate in Yakima County, Washington
Parcel 181328 -34001 Currently zoned SR, Proposed Zone R -2
The Southeast Quarter of the Southwest Quarter of Section 28, Township 13 North, Range 18
East, W.M.
h 111111111111111 111E111 P 28 0f 23
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CITY CLERK ORO MAR Yakima Co, WA
•
Except that portion thereof lying within the following described parcel:
That portion of Lots 18, 19, 20,21 and 29, YAKLMA VALLEY ORCHARD TRACTS,
according to the Plat thereof recorded in Volume "A" of Plats, page 75, records of Y akima
County, Washington, and the south half on the Southwest Quarter of Section 28, Township 13
North, Range 18 East, W.M. described as follows:
Commencing at the Northwest comer of said Southwest Quarter of Section 28;
Thence South 89 °11'26" East along the North line thereof 1014.64 feet to the Point of Beginning;:
Thence South 00 °48'34" West 123.92 feet;
Thence South 63 °22'16" East 387.70 feet;
Thence South 46 °51'08" East 349.35 feet;
thence South 00 °00'00" East 266.40 feet;
Thence South 82 °37'38" East 348.59 feet;
Thence South 01 °06'33" West 509.75 feet;
Thence South 89 °00'14" East 710.54 feet;
Thence South 51 °48'50" East 133.16 feet;
Thence North 90 °00'00" East 235.32 feet;
Thence North 00 °23'55" East 1423.85 feet to the north line of the Southeast Quarter of said
Section 28:
Thence North 89 °11'15" West 300.17 feet to the Northwest corner of said Southeast Quarter;
Thence North 89 0 1 l'26 "West 1695.92 feet to the Point of Beginning.
Except right of way for roads along the north side thereof.
Situate in Yakima County, Washington.
Parcel 181328 -43402 Currently zoned M -1, Proposed Zone R -2
Lot 29, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Volume "A" of Plats, page 75, records of Yakima County Washington lying southerly of the
centerline of Wide Hollow Creek.
Except that portion thereof lying within the following described parcel:
That portion of Lots 18, 19, 20,21 and 29, YAKIMA VALLEY ORCHARD TRACTS,
according to the Plat thereof recorded in Volume "A" of Plats, pane 75, records of Yakima
County, Washington, and the south half on the Southwest Quarter of Section 28, Township 13
North, Range 18 East, W.M. described as follows:
Commencing at the Northwest comer of said Southwest Quarter of Section 28;
Thence South 89 °11'26" East along the North line thereof 1014.64 feet to the Point of Beginning:
Thence South 00 °48'34" West 123.92 feet;
Thence South 63 °22'16" East 387.70 feet;
• Thence South 46 °51'08" East 349.35 feet;
thence South 00 °00'0Q" East 266.40 feet;
Thence South 82 °37'38" East 348.59 feet;
1 10111 11111 111011 111111 1111 1101 111111111 11111 78 7
Page' Ei 1
rNTV ri coy ___ e8llsre e3 seP 23
Thence South 01 °06'33" West 509.75 feet;
Thence South 89 °00'14" East 710.54 feet;
Thence South 51 °48'50" East 133.16 feet;
Thence North 90 °00'00" East 235.32 feet;
Thence North 00 °23'55" East 1423.85 feet to the north line of the Southeast Quarter of said
Section 28;
Thence North 89 0 11'15" West 300.17 feet to the Northwest corner of said Southeast Quarter;
Thence North 89 °11 "West 1695.92 feet to the Point of Beginning.
Except right of way for roads along the north side thereof.
Situate in Yakima County, Washington.
Parcel 181328 -43401 Currently zoned M -1, Proposed Zone R -2
Lot 28 YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Situate in Yakima County, Washington.
Parcel 181328 -43400 Currently zoned M -1, Proposed Zone R -2
Lot 27 YAKIMA VALLEY ORCHARD TRACTS, "according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Situate in Yakima County, Washington.
Parcel 181332 -11001 Currently zoned R -1, Proposed Zone R -3
Parcel X (181332-11001)
The Northeast Quarter of the Northeast Quarter of Section 32, Township 13 North, Range 18
East, W.M.
Except right of ways along the east side thereof.
Situate in Yakima County, Washington.
Parcel 181333 -12001 Currently zoned SR, Proposed Zone R -2
The Northwest Quarter of the Northeast Quarter and the North Half of the Northwest
Quarter all in Section 33, Township 13 North, Range 18 East, W.M.
r 11 Inn 11 I MR III I II III IIII 7292787
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CITY CLERK ORD 141.00 Yakima Co, WA
•
•
•
And the West 20,00 feet of the Southwest Quarter of the Northeast Quarter of said Section 33.
Except the East 2 Rods and the South 2 Rods of said Northwest Quarter of the Northeast Quarter
and the South 2 rods of the East 2 Rods of the Northeast Quarter of the Northwest Quarter of said
Section 33..
And Except right of way along the west side thereof.
Situate in Yakima County, Washington
Parcel 181333 -23001 Currently zoned SR, Proposed Zone M -1
The South Half of the Northwest Quarter of Section 33, Township 13 North, Range 18 East,
W.M.
And the East 2 Rods and the South 2 Rods of the Northwest Quarter of the Northeast Quarter of
said Section 33 and the South 2 rods of the East 2 Rods of the Northeast Quarter of the
Northwest Quarter of said Section 33.
Except the East 30 feet for County Road.
Situate in Yakima County, Washington
111 n111111111 1111 11 11 11 7292787
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non 4A1 AA Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 14
For Meeting of August 20, 2002
ITEM TITLE: Ordinance approving, with conditions, the rezone request by Congdon
Orchards, Inc. for property located in the vicinity of South 64 and
72 Avenues, West Nob Hill Boulevard and West Washington
Avenue, Yakima
SUBMITTED BY: William Cook, Director of Community & Economic
Development
CONTACT PERSON/TELEPHONE: Dan Valoff, Senior Planner, 575 -6163
SUMMARY EXPLANATION:
On July 30, 2002 the City Council conducted a "Closed Record" hearing to consider the
Hearing Examiner's recommendation to approve with conditions the rezone request by
Congdon Orchards, property owner, to rezone approximately 725 acres to Light
Industrial, CBDS, Central Business District Support, SCC, Small Convenience Center,
R -2 Two - Family Residential, and R -3 Multi- Family Residential. The rezone is located in
the vicinity of South 64 and 72n Avenues, West Nob Hill Boulevard and West
Washington Avenue. The Council voted 5 -2 to uphold the Hearing Examiner's
recommendation subject to several modifications of the Hearing Examiner's conditions
to approve the rezone request.
Discussion should be limited to the Council members to determine whether the proposed
ordinance accurately reflects the decision of the City Council after the close of the
July 30, 2002 public hearing.
Resolution Ordinance X Contract Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL: ro '.( pi-4/N
City Manager
STAFF RECOMMENDATION: Pass Ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: The ordinance was amended & passed. ORDINANCE NO. 2002 -45