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Home My WebLink About2000-049 Abrams Family Investments LLC (Myron Abrams) Rezone (UAZO RZ #3-00) Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2000 -49 (Abrams Rezone / 3911 Castlevale Avenue) Grantor: City of Yakima Grantee: Abrams Family Investments, LLC Legal Description: Lot 10, of Village View Business Park, of the Official Plat thereof, recorded November 20, 1997, under auditor's File No. 7035057, records of Yakima County, Washington. Parcel Numbers: 181315 -42416 7194039 I _ 11g2NZ000 0o.04P ORDINANCE NO. 2000 - 1 . 9 AN ORDINANCE concerning land use and zoning, rezoning the west portion of a parcel in the vicinity of 3911 Castleview Avenue from Local Business (B -2) to Professional Business (B -1), and amending the Official Yakima Urban Area Zoning Map accordingly. WHEREAS, in November 1998, with adoption of the Growth Management Act ( "GMA ") zoning map amendments, a parcel in the vicinity of 3911 Castleview Avenue was "split zoned" and bisected into an eastern portion zoned Professional Business (B -1) and a western portion zoned Local Business (B -2) (the western portion shall be referred to as "Subject Property "); and WHEREAS, this rezone will eliminate the split zoning of the parcel, making the entire parcel zoned Professional Business (B -1) and will unify the development standards affecting the parcel; and WHEREAS, Myron R. Abrams for Abrams Family Investments LLC, owners of the Subject Property, by application dated August 21, 2000, requested amendment of the Official Yakima Urban Area Zoning Map to rezone the western portion of the parcel at 3911 Castleview Avenue (Yakima County Assessor's Parcel #181315- 42416) from Local Business (B -2) to Professional Business (B -1) in order to build the third of three buildings comprising a business condominium on the parcel (two of the buildings having already been completed on the eastern portion of the parcel), the third building to be greater in height than allowed in the Local Business (B -2) zone; and WHEREAS, on September 14, 2000, the City of Yakima Hearing Examiner conducted a duly convened, open- record public hearing regarding the requested rezone (UAZO RZ #3 -00), and after considering the contents of the file, there being no new evidence received at the public hearing, issued his Examiner's Recommendation, Examiner No. IU00 -2 -17, dated September 19, 2000; and WHEREAS, the Hearing Examiner recommended that the Subject Property should be rezoned from Local Business (B -2) to Professional Business (B -1); and WHEREAS, at a public meeting duly convened on October 17, 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, in consideration of the Findings and Conclusions stated below, it is in the best interests of the City to approve the requested rezone; now, therefore, 7194039 Page: 2 of 8 1112712000 03:04P YAKTMA f'T TY OPfl sis AA Yakima Co, WR J , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. Hearing Examiner's Recommendation Affirmed: The City Council affirms the Hearing Examiner's Recommendation to approve the requested rezone of the Subject Property and adopts the findings and conclusions of the Hearing Examiner's Recommendation, Examiner No. IU- 00 -2 -17, dated September 19, 2000, which is incorporated by reference as part of this Ordinance. Section 2. Subject Property: The property subject to this ordinance is identified as the western portion of Yakima County Assessor's Tax Parcel #181315 - 42416, which is legally described as follows: Lot 10, of Village View Business Park, of the Official Plat thereof, recorded November 20, 1997, under Auditor's File No. 7035057, records of Yakima County, Washington. 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 Local Business`(B -2) to Professional Business (B -1). 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. 1 11111 1111 1111 113 11111 111 I� IIII 1111 ag 94039 8 PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this '7 day of November, 2000. 1 t Cam t27 Mary Place, Mayor • ATTEST: City Clerk Publication Date: 9 _ '- Effective Date: d 0 " -'' C: \Karen's Files \ ORDINANCES \PETERSON \Abrams Rezone.doc Page 3 Certified t<, be a true and correct copy of tk,e. • original filed in ..LLy Office. CLE . €F ,• (4; E • Y s ^.- 4T f • 7194039 e r& Wa • 04P �R YAKIMA CITY ` CEIVED 1 9 2000 STATE OF WASHINGTON ;i' `' OF YAKIMA • CITY OF YARIMA PANNING DIV OFFICE OF HEARING EXAMINER Rezone Application by Abrams ) EXAMINER'S RECOMMENDATION Family Investments, LLC to Rezone 3911 Castlevale Avenue ) CITY NO. UAZO RZ #3 -00 From B -2 to B -1 Examiner No. IU00 -2 -17 The Examiner conducted a public hearing cn September 14, 2000. The staff report presented by Associate Planner Bruce Benson recommended approval. Myron Abrams attended the hearing. There was no opposition, and no new evidence presented at the hearing. 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. The applicant and property owner is Abrams Family Investments, LLC, P. 0. Box 8165, Yakima, WA 98908. 2. Location. The property, consisting of approximately 3.5 acres, is located at 3911 Castleview Avenue, Assessor's parcel number 181315 - 42416. The legal description is attached to the • EXAMINER'S RECOMMENDAT L' 1 Ahrams Family Investme ts, LLC Examiner No. IU00 -2 -17 11101 REIM Mi 11 I 10 11101 P 894039 application and incorporated by reference. 3. Application. Rezone. 4. Proposed Zone. Professional Business (2-1). 5. Proposed Use. Office building. 6. Current Zoning and Use. The west portion of this parcel is currently zoned Local Business (B -2). The east parcel is zoned Professional Business (3-1). This rezone will reconcile the split zoning on this parcel, making it all 3-1. The property is currently vacant and being developed by Myron Abrams 7. Project Description. There will be a three building business condominium on this property. Two of the three buildings are already built. The third building, on the west portion currently zoned B -2, is subject to a 24 foot 13-2 building height limitation. Downzoning the B -2 zone to B -1 permits construction of the building consistent with the other two buildings, and subject to the more generous B -1 building height rules. The split zoning on this parcel occurred with adoption of GMA zoning map amendments in November, 1998. At that time, probably due to an oversight, the property was bisected with two zones. This is not illegal, has happened before, but is unusual. The difficulty is that two different sets of development regulations then apply to the same parcel. This parcel is part of the Pearson family orchard development which is now practically built out on the east side of 40` This particular parcel was the one with the farmhouse, near the intersection of 40` with Fechter and Powerhouse. 8. Yakima Urban Area Zoning Ordinance. The criteria for rezones are established by YMC 15.23.030(5). As set forth in the staff report, which is adopted and incorporated by reference, this . .rezone meets all ordinance criteria. 9. Environmental.Review. On August 31, 2000, the City of Yakima adopted the existing SEPA /GMA Integrated Environmental EXAMINER`S RECOMMENDATION - 2 Abrams Family Investments, LLC Examiner No. IU00 -2 -17 7194039 Page 6 of "P 8 11127 /28 06 8 VAKIMA MTV OR[1 X15 AA Y Co. WA • • • Summary prepared for the Yakima Urban Area Comprehensive Plan. This document was adopted April 1, 1997. 10. Public Notice. Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of notices to adjacent owners August 25, 2000 Posting of property August 18, 2000 Legal Ad- published July 31, 2000 • 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 pezLnitted in the 2-1 zoning 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: RECOMMENDATION Approve this rezone application, from B =2 to B -1.. EXAMINER'S RECOMMENDATION - 3 Abrams Family Investments, LLC Examiner No. IU00 -2 -17 7194039 Page: 7 of 8 1112712000 03:04P Respectfully submitted this t day of September, 2000. Philip A. La • Hearing Examiner • EXT=LMINER' S RECOMMENDATION - 4 Abrams Family Investments, LLC Examiner No. IU00 -2 -17 7194039 ' 1111111 I 111111 MI Page: 8 of 8 11127/2000 03:04P Y AICTMA f TTY f1 415 AA Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.' IS For Meeting Of Nov. 7, 2000 ITEM TITLE: Ordinance Adoption — Abram's Rezone SUBMITTED BY illiam R. Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner 575 -6042 SUMMARY EXPLANATION: On October 17, 2000 the City Council voted to accept the Hearing Examiner's recommendation to approve a rezone for property located at 3911 Castlevale Avenue. Attached for your action is the ordinance that will effect this rezone from B -2, Local Business to B -1, Professional Business. Resolution Ordinance X . Contract Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL: - � City Manager STAFF RECOMMENDATION: Adopt Ordinance. BOARD RECOMMENDATION: Hearing Examiner recommended approval of this rezone on September 19, 2000. COUNCIL ACTION: