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Home My WebLink About2001-052 40 West LLC Rezone ( Larry Brader & Del Matthews )ORDINANCE NO. 2001-52 AN ORDINANCE concerning land use and zoning, rezoning three parcels (approximately 10.6 acres) in the vicinity of 4101 West Powerhouse Road from Light Industrial (M-1) to Small Convenience Center (SCC), and amending the Official Yakima Urban Area Zoning Map accordingly. WHEREAS, 40 West, LLC (Larry Brader and Del Matthews), the Owner, has submitted a rezone application dated July 24, 2001, requesting amendment of the Official Yakima Urban Area Zoning Map to rezone three parcels (approximately 10.6 acres) in the vicinity of 4101 West Powerhouse Road (Yakima County Assessor's Parcel #181310-33008, 181315-21013, and 181315-22001), referred to as "Subject Property," from Light Industrial (M-1) to Small Convenience Center (SCC); and WHEREAS, on August 9, 2001, the City of Yakima Hearing Examiner conducted a duly convened, open -record public hearing regarding the requested rezone (UAZO RZ #6-01, EC #12-01), and after considering the record issued his Examiner's Recommendation, Examiner No. IU01-2-18, dated August 21, 2001; and WHEREAS, the Hearing Examiner recommended that the Subject Property should be rezoned from Light Industrial (M-1) to Small Convenience Center (SCC); and WHEREAS, at a closed -record public hearing on September 18, 2001, the City Council duly 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 of interested persons; and WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the file, and the statements of interested persons, the City Council finds with respect to the requested rezone that: 1. The Subject Property is suitable to be classified Small Convenience Center (SCC); 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing Light Industrial (M-1) zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in chapter 15.23 of the Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; d. Other applicable land use controls; and WHEREAS, it is in the best interests of the City to adopt the Hearing Examiner's findings and conclusions and recommendation to approve the requested rezone; now, therefore, Page 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. Hearing Examiner's Recommendation Affirmed: The Yakima City Council adopts the findings, conclusions and recommendations of the Hearing Examiner's Recommendation, Examiner No. IU01-2-18, dated August 21, 2001, and incorporates that Hearing Examiner's Recommendation by reference as part of this Ordinance. Section 2. Subject Property: Regarding the Subject Property, the legal description of which is attached to this ordinance as Exhibit A, which is incorporated by reference in this ordinance, the City Council finds formally that, for the uses described by the Applicant: 1. The Subject Property is suitable to be classified Small Convenience Center (SCC); 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing Light Industrial (M-1) zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in Chapter 15.23 Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; and d. Other applicable land use controls. Section 3. Amendment of Official Yakima Urban Area Zoning Map: The Official Yakima Urban Area Zoning Map shall be amended to rezone the Subject Property from Light Industrial (M-1) to Small Convenience Center (SCC). 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. 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, and this action shall be final and conclusive unless within 21 days from the date this ordinance is passed by the City Council an aggrieved party commences proceedings for review pursuant to the provisions of Chapter 36.70C RCW. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 2nd day of October, 2001. ATTEST: 4<aAs-v•-- City Clerk Publication Date: 10/5/01 Effective Date: 11/4/01 Page 2 Mary Place, Mayor STATE OF WASHINGTON CITY OF YAKIMA OFFICE OF HEARING EXAMINER Rezone Application by 40 West LLC, (Larry Brader & Del Matthews) for a rezone of 10.6 acres from M-1, Light Industrial to SCC, Small Convenience Center, at 4101 West Powerhouse Rd, Yakima, WA RECEIVED jUL 2 1 200'. ITY UF YAKIMA PLANNING DIV EXAMINER'S RECOMMENDATION City No. AZ #6-01 EC #12-01 EXAMINEP'S NO. IU01-2-18 The Examiner conducted a public hearing on August 9, 2001. report presented by Senior Planner Dan Valcff no opposition. Planning recommended approval. There was Cons .:'tart Bill Hordan and applicant Del Matthews appeared on behalf o5 the proposal. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval. From the view of the site, the matters contained in the official record, including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area received at the hearing, the Zoning Ordinance, and from evidence Examiner makes the following: FINDINGS 1.7 Applicant. 40 West LLC, Contacts: Larry Brader Del Matthews, 421 Keys Road, Yakima, WA 98901. 2. Location. Vicinity of 4101 West Powerhouse Road. 3. Application. 181310-33008, 181315-21013, and 181315-22001. EXAMINER'S RECOMMENDATION - 1 40 West, LLC Examiner No. IU01-2-18 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 current Light industrial zoning does not permit the tvpe retail uses :hat would like to locate at this site. The applicant requested a change in the future land use map during the Year 2000 Comp Plan amendment process from Industrial Neighborhood Commercial. The Regional Planning Commission, Joint Board, and the Joint City Council and County Commissioner's proved the amendment to Neighborhood Commercial. 8. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YCC 15A.23.030.5 are considered below: 8.1 Testimony. All testimony was -favorable. There was nc new information other than the staff report. 8.2 Suitability of the Property. The requested zoning change is suitable because the property is served with all urban services and located along a collector arterial street. The property is now designated Neighborhood Commercial by the Urban Area Comprehensive Plan and is located in a mixed-use area of the city. 8.3 Agency Recommendations. All agencies and city deeartmer_ts indicate that public services are available to the site and this rezone would not create any difficulties for infrastructure. 8.4 Compliance with Comprehensive Plan and Zoning Ordinance. The Comprehensive Plan's future land use map designates this property as Neighborhood Commercial. The Yakima Urban Area Comprehensive Plan sets out certain Goals, Objectives and Policies to help direct growth and change. The proposal is in compliance with the Goals, Objectives and Policies of the Comprehensive Plan, as set forth in more detail in the staff report. 8.5 Adequacy of Public Facilities. This property is currently served by all necessary public utilities. Street access is from West Powerhouse Road which is classified as a Collector Arterial at this location. EXAMINER'S RECOMMENDATION - 3 40 West, LLC Examiner No. IU01-2-18 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248.0706 8.6 Compatibility. There is no opposition or concern about compatibility. The proposed access with Fred Meyer is subject to an easement agreement in which Fred Meyer will limit certain types of less desirable uses, in order to maintain compatibility with the Fred Meyer complex. 8.7 Public Need (Change of Circumstance). The project as proposed will provide a small-scale mixed-use commercia'1/professional development within the neighborhood in which it is intended to serve, including the areas of West �allev, Cowiche,,Tieton, Gleed and the Naches Malley. Additionally, recent development on the west side of the subject property makes the current M-1 zoning less compatible. F. manufactured home park lies westerly of the subject property and would -__=r -y be incompatible with uses permitted in the Light industrial zone. 9. State Environmental Policy Act. A Determination OL Non -significance was issued and is now final. 10. Public Notice. Public notice of the hearing was rov ded in accordance with the ordinance. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed rezone conforms to the goals and policies of the Yakima Urban Area Comprehensive Plan and to the intent of the Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the Small Convenience Center Zoning District; there are no problems with neighborhood compatibility; and a public need does exist for, the proposed change. EXAMINER'S RECOMMENDATION - 4 40 West, LLC Examiner Nc. IUC1-2-18 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the followinc: RECOMMENDATION Approve this rezone application, from M-1 to SCC. Respectfully submitted this 2._t day of August, 2001. EXAMINER'S RECOMMENDATION - 5 40 West, LLC Examiner No. IU01-2-18 c, PHILIP A. LAMB Hearing Examiner HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248.0706 RECEIVED MAY 0 3 2001 CITY OF YAKIMA PLANNING DIV. LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY UNE OF THE LE BY-PASS LINE FOR SR -12 AND THE WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST THREE-FOURTHS OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 90'00' EAST, ALONG THE SOUTH LINE THEREOF, 53.36 FEET; THENCE NORTH 0'00'36" EAST, PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION, 354.20 FEET; THENCE NORTH 0'00' EAST TOO FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE LE BY-PASS LINE OF SR -12 AND THE TERMINUS POINT OF THE HEREIN DESCRIBED UNE, AND THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M. LYING NORTHERLY OF POWERHOUSE ROAD AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 90'00' EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION; 1692.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0'00' 147.4 FEET; THENCE SOUTH 87'06'30" WEST; THENCE SOUTH 0'00' EAST TO THE NORTHERLY RIGHT OF WAY LINE OF POWERHOUSE ROAD AND THE TERMINUS POINT OF THE HEREIN DESCRIBED UNE; EXCEPT THE PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 90'00 EAST, ALONG THE NORTH LINE THEREOF, 710.3 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0'00' EAST TO THE NORTHERLY RIGHT OF WAY LINE FOR POWERHOUSE ROAD AND THE TERMINUS POINT OF THE HEREIN DESCRIBED UNE. DOC. INDEX BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 'If 3 A For Meeting Of October 2, 2001 ITEM TITLE: Ordinre Adoption — 40 -West LLC Rezone SUBMITTED BY:\tWilliam R. Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE: Dan Valoff, Senior Planner 575-6042 SUMMARY EXPLANATION: On September 18, 2001 the City Council voted to accept the Hearing Examiner's recommendation to approve a rezone for approximately 10.6 acres of property located west of the Fred Meyer Store and north of Powerhouse Road. Attached for your action is the ordinance that will effect this rezone from M-1, Light Industrial to SCC, Small Convenience Center. Resolution Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: C+#�i Manager STAFF RECOMMENDATION: Adopt Ordinance. BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone on August 21, 2001. COUNCIL ACTION: