HomeMy WebLinkAbout2000-059 Thomas Pence Rezone Return To:
•
Yakima City Clerk
129 North Second Street •
Yakima, WA 98901
Document Title: Ordinance No. 2000-59
(Thomas Pence Rezone / 2324 South First Street)
Grantor: City of Yakima
Grantee: Thomas Pence
Legal Description: Portion of the SW 1 /4 of Section 32, Township 13
North, Range 19 E.W.M. as recorded in Volume "P' page 23,
Yakima County Washington, on December 16, 1937:
BEGINNING at the most Westerly corner of Lot 14 of said
Forney Subdivision; thence South 52 degrees West to the South
line of said Lot 8 of Forney Subdivision; thence East along the
South line of said Lot 8 to an iron pin at the Southeast corner of
Forney Subdivision; thence North 38 degrees West 43.8 feet;
thence North 52 degrees East of 100 feet to the most Southerly
corner of Lot 15 of Forney Subdivision; thence North 38
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degrees West along the Southwesterly line of Lots 15 and 14 of
said Forney Subdivision 200 feet, more or less, to the point of
beginning.
Parcel Number: " 191332 -32409
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ORDINANCE NO. 2000- 59
AN ORDINANCE concerning land use and zoning, rezoning one parcel
(approximately 1.33 acres) in the vicinity of 2324 and 2326 South
First Street from Light Industrial (M -1) to Central Business
District Support (CBDS), and amending the Official Yakima
Urban Area Zoning Map accordingly.
WHEREAS, Thomas O. Pence, the Owner, by application dated July 13, 2000,
requested amendment of the Official Yakima Urban Area Zoning Map to rezone one
parcel (approximately 1.33 acres) in the vicinity of 2324 and 2326 South First Street
(Yakima County Assessor's Parcel #191332 - 32409), referred to as "Subject Property,"
from Light Industrial (M -1) to Central Business District Support (CBDS); and
WHEREAS, on September 28, 2000, the City of Yakima Hearing Examiner conducted
a duly convened, open- record public hearing regarding the requested rezone (UAZO
RZ #1 -00, EC #11 -00), and after considering the record issued his Examiner's
Recommendation, Examiner No. IU00 - 2 - 22, dated September 29, 2000; and
WHEREAS, the Hearing Examiner recommended that the Subject Property should
be rezoned from Light Industrial (M -1) to Central Business District Support (CBDS);
and
WHEREAS, at a duly convened, closed- record hearing on November 21, 2000, 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 Central Business District Support
(CBDS);
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;
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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,
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. IU00 -2 -22, dated September 29, 2000,
and incorporates that Hearing Examiner's Recommendation by reference as part of
this Ordinance.
Section 2. Subject Property: Regarding the Subject Property, which is legally
described as:
A portion of the SW 1/4 of Section 32, Township 13 North, Range 19
E.W.M. as recorded in Volume "1" page 23, Yakima County
Washington, on December 16, 1937:
BEGINNING at the most Westerly corner of Lot 14 of said Forney
Subdivision; thence South 52 degrees West to the South line of said Lot
8 of Forney Subdivision; thence East along the South line of said Lot 8
to an iron pin at the Southeast corner of Forney Subdivision; thence
North 38 degrees West 43.8 feet; thence North 52 degrees East 100 feet
to the most Southerly corner of Lot 15 of Forney Subdivision; thence
North 38 degrees West along the Southwesterly line of Lots 15 and 14
of said Forney Subdivision 200 feet, more or less, to the point of
beginning.
Yakima County Assessor's Tax Parcel #191332 -32409
the City Council finds formally that:
1. The Subject Property is suitable to be classified Central Business District Support
(CBDS);
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; .
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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 Central Business District Support (CBDS).
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 5 day of December, 2000.
S/ MARY PLACE
Mary Place, Mayor
ATTEST: o
'ROBERTS, C
n •
City Clerk
Publication Date: 12 -8 -2000
Effective Date: 1 -7 -2001
Certified to be a true and correct copy of the
original filed in ray office. / •°- // *rD
CI Y CLERK
By L: % .: deputy:
a■
C: \Karen's Files \ORDINANCES \ PETERSON \Pence rezone.doc Page 3
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RECEIVED
STATE OF WASHINGTON
CITY OF YAKIMA EP 2 4 2000
OFFICE OF HEARING EXAMINER
CITY OF YAKIMA
PLANNING DIV.
Rezone Application by Tom Pence ) EXAMINER'S RECOMMENDATION
to Rezone 2324 S. l St. )
from M -1 to CBDS ) City No. UAZO RZ #1 -00 and
EC #11 -00
Examiner No. IU00 -2 -22
The Examiner conducted a public hearing on September 28,
2000. The staff report presented by Acting Planning Manager Dan
Valoff recommended approval. Mr. Thomas Pence attended the
hearing. There was no opposition. 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
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. Thomas 0. Pence, 750 Lateral A Road,
Wapato, WA 98951.
2. Location. The property is located at 2324 S. 1' St.,
Assessor's parcel number 191332- 32409. The legal description is
attached to the application and incorporated by reference.
EXAMINER'S RECOMMENDATION - 1
Thomas 0. Pence - Rezone
Hearing Examiner No. IU00 -2 -22
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3. Application. Rezone.
4. Proposed Zone. Central Business District Support
(CBDS).
5. Proposed Use. Unknown.
6. Current Zoning and Use. The subject property is M -1,
Light Industrial. This 1.33 acre parcel is currently vacant. -
Land use and zoning on adjacent properties is as follows:
Location Zoning Existing Land Use
North CBDS Commercial
East CBDS Restaurant
South M -1 Vacant
West CBDS Vacant
7. Project Description. This parcel is located behind the
J & J Drive -In on south 1' Street. Mr. Pence also owns the
drive -in property. This property is an odd shape; as the map
indicates, rezoning this to CBDS will smooth up the zoning
boundaries, and make the zoning of this parcel consistent with Mr.
Pence's drive -in parcel, which is already zoned CBDS.
8. Yakima Urban Area Zoning Ordinance. As set forth in
the staff report, all criteria for rezones set forth in YMC
15.23.030 have been met.
This is a logical expansion of the CBDS zone, and will
facilitate development of this property, which is landlocked but
for access to South 1 over the contiguous parcel also owned by
Mr. Pence.
9. Environmental Review. A Determination of Non -
significance was issued on August 25, 2000, and is now final.
10. Public Notice. Public notice of the hearing was
provided in accordance with the ordinance.
From the foregoing Findings, Examiner makes the
following:
EXAMINER'S RECOMMENDATION - 2
Thomas 0. Pence - Rezone
Hearing Examiner No. IZJ0.0 -2 -22
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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 CBDS District. There are no problems
with neighborhood compatibility, and a public need does exist for
the proposed change.
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 following:
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RECOMMENDATION
Approve this rezone application, from M -1 to CBDS.
Respectfully submitted this 29th day of September, 2000.
(I
Philip
Hearing Examiner
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EXAMINER'S RECOMMENDATION - 3
Thomas O. Pence - Rezone
Hearing Examiner No. IU00 -2 -22
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VAKTMA. n o # AA Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: December 5, 2000
ITEM TITLE: Ordinance approving the Hearing Examiner's recommendation on a
rezone from M -1 to CBDS requested by Mr. Thomas Pence for property located in the
vicinity of 2324 South 1 S Street, Yakima.
SUBMITTED BYfam Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Dan Valoff, Acting Planning Division Manager,
575 -6163
SUMMARY EXPLANATION:
On November 21, 2000 the Council voted unanimously to approve the Hearing
Examiner's recommendation to approve the rezone request by Mr. Thomas Pence to
rezone a single 1.33 acre parcel from M -1, Light Industrial to CBDS, Central Business
District Support. This one - parcel rezone is located in the vicinity of 2324 South 1s
Street.
Resolution _ Ordinance X Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
er
Mana
, Y g
STAFF RECOMMENDATION: Adopt rezone ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommends approval of the
rezone request.
COUNCIL ACTION: