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Home My WebLink About2000-048 Norman’s Nursery Rezone (UAZO RZ #2-00) f s Return To: Yakima. City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2000 -48 (Norman's Nursery Rezone / 3204 & 3214 Fruitvale Boulevard) Grantor: City of Yakima Grantee: Norman's Nursery et al Legal Description: That portion of Tract 1, Natches Orchard Tracts according to the plat recorded in Volume "A" of Plats, Page 69 records of Yakima County, Washington, lying southerly of Primary State Highway No 5, EXCEPT the west 200 feet. Parcel Numbers: 181315- 14458, 181315 - 14459, and 181315 -14421 1111111 I 1111 II III I 7194038 Page. 1 of 6 y av?MO MTV 11/27/2000 03:04P ORDINANCE NO. 2000- 8 AN ORDINANCE concerning land use and zoning, rezoning three parcels (approximately 4.5 acres) in the vicinity of 3204 and 3214 Fruitvale Boulevard from Light Industrial (M -1) to Central Business District Support (CBDS), and amending the Official Yakima Urban Area Zoning Map accordingly. WHEREAS, in November 1998, a mapping error in amendments to the zoning map incorrectly classified three parcels in the vicinity of 3204 and 3214 Fruitvale Boulevard consisting of Norman's Nursery (Yakima County Assessor's Parcel #181315 -14458 and 181315 - 14459) and a parcel owned by Rick Brown (Yakima County Assessor's Parcel #181315- 14421) (the three parcels referred to as "Subject Property ") as Light Industrial (M -1); and WHEREAS, this rezone simply corrects the map to establish that the Subject Property is, as it was prior to the mapping error, classified Central Business District Support (CBDS); and WHEREAS, the City Council of the City of Yakima, by Resolution R- 2000 -93 dated August 1, 2000, requested amendment of the Official Yakima Urban Area Zoning Map to rezone the Subject Property from Light Industrial (M -1) to Central Business District Support (CBDS) in order to correct the mapping error; and WHEREAS, on September 6, 2000, the City of Yakima Hearing Examiner conducted a duly convened, open - record public hearing regarding the requested rezone (UAZO RZ #2 -00, EC #12 -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 -16, dated September 14,_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 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 to correct a mapping error; now, therefore, 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 7 194038 P a g e: 2 of 1 112712000 03 : 04P YAKTMA fTTY flPfl til AA Yakima Co, WA Property and adopts the findings and conclusions of the Hearing Examiner's Recommendation, Examiner No. IU- 00 -2 -16, dated September 14, 2000, which is incorporated by reference as part of this Ordinance. Section 2. Subject Property: The property subject to this ordinance is identified by the Yakima County Assessor as Tax Parcel #181315- 14458, 181315- 14459, and 181315 - 14421) and is legally described as follows: That portion of Tract 1, Natches Orchard Tracts according to the plat recorded in Volume "A" of Plats, Page 69 records of Yakima County, Washington, lying southerly of Primary State Highway No 5, EXCEPT the west 200 feet. 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 r day of November, 2000. / yr rIvlary Place, Mayor ATTEST: L (— City Clerk Publication Date: y 1— ) 0 1L Certified to. be a true and corrue.t Effective Date: — (..7 original filed in my office y mar F y lkpill3 y s 5 C: \Karen's Files \ORDINANCES \Pi TERSON \Norman's rezone.doc Page 2 1 ap 3 of6 % RCCEiVE STATE OF WASHINGTON •fit r I ' 20D [.; CITY OF YAKIMA OFFICE OF HEARING EXAMINER CITY OF PLANNING KIN P' Council Initiated Rezone ) EXAMINER'S RECOMMENDATION Concerning Property in the NO. CITY NO UAZO RZ #2 -00 3200 Block of Fruitvale Blvd. ) C NO. (Norman's Nursery et al) . j Examiner Na. IU00 -2 -16 The Examiner conducted a public hearing on September 6, 2000. The staff report presented by Associate Planner Brute Benson recommended approval. Alvin Norman 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. Yakima City Council. This action was • initiated by the City Council by Resolution R- 2000 -93, adopted August 1, 2000. EXAMINER'S RECOMMENDATION - 1 Norman's Nursery Examiner No. IU00 -2 -16 1131111 11111 II II II II 7194038 Page 4 of B 1112712000 03 YRKOMR CITY ORD 513.0 Yakima Co,,WR • 2. Location. The property is located in the vicinity of 3204 Fruitvale Blvd., and consists of Assessor's parcel numbers 181315 -14458 and 14459, consisting of the Norman's Nursery property, and 181315 - 14421, the northwest parcel, owned by Rick Brown. The legal description is attached to the application and adopted by reference. . . 3. Application. Rezone. • 4. Proposed Zone. Central Business District Support (CBDS) . 5. Proposed Use. The existing uses will remain the same, namely, landscaping business and offices. 6. Current Zoning. Light Industrial (M -1). 7. Staff Report. The staff report dated September 6, 2000 is adopted and incorporated by reference. No new evidence was received at the hearing. This rezone is required to correct an apparent mapping error made during the November 1998 GMA Zoning Map amendment hearings. This rezone simply returns these • properties to their previous =DS zoning classifications. As reflected in the staff .report, all comprehensive plan and zoning ordinance criteria for rezones are met. 8. Environmental Review. The City adopted the existing SEPA /GMA Integrated Environmental Summary prepared for the Yakima Urban Area Comprehensive Plan and adopted April 1, 1997. This was readopted as an existing environmental document for this . application. The appeal period has expired. 9. Public Notice. Public notice of the hearing was provided in accordance with the ordinance. From the foregoing Findings, the Examiner makes the following: • EXAMINER'S RECOMMENDATION - 2 Norman's Nursery Examiner No. IU00 -2 -16 7194038 Page: 5 of 6 11/27/2000 03 :04P • unvrun nrTU nnn s4'1 nn VnLim, f`n 110 • 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 pezulitted in the CEDS zoning district; there are no problems with neighborhood compatibility; and a public need does exist for the proposed corrective change. 3. All notice provisions of the ordinance have been complied with. • Eased upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION Approve this rezone application, from M -1 to CEDS. Respectfully submitted this ILI day of September, 2000. Philip A. Lamb Hearing Examiner • • EXAMINER'S RECOMMENDATION - 3 Norman's Nursery Examiner No. IU00 -2 -16 • 7194038 Page: 6 of 6 11/27/2000 03:04P YA KTMA CITY ORO $13 AA Yakima Co, WA 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of Nov. 7. 2000 ITEM TITLE: Ordinance Adoption — Norman's Rezone SUBMITTED BY ia m 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 the properties located at 3204 and 3214 Fruitvale Boulevard. Attached for your action is the ordinance that will effect this rezone from M -1, Light Industrial to CBDS, Central Business District Support. 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 rezone on September 14, 2000. COUNCIL ACTION: