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HomeMy WebLinkAbout1999-005 Land Use, zoning {�I • OR DINANCE NO. 99-0 5 AN ORDINANCE concerning land use and zoning; rezoning 1.43 acres in the vicinity of 3606 and 3702 Kern Road from Multi- Family Residential (R -3) to Professional Business (B -1) and amending the Official Yakima Urban Area Zoning Map accordingly; granting Class 2 approval for a gift shop; granting Class 3 approval for a restaurant subject to conditions; and granting a Certificate of Zoning review. WHEREAS, Sherry Jefferson ( "Applicant ") has requested: (1) amendment of the Official Yakima Urban Area Zoning Map to rezone 1.43 acres in the vicinity of 3606 and 3702 Kern Road (Yakima County Assessor's Parcel #181315 -43471 and 181315- 43472) (referred to below as "the Subject Property ") from Multi€ Family Residential (R -3) to Professional Business (B -1); (2) Class 2 approval for a gift shop; and (3) Class 3 approval for a restaurant (see Department of Community and Economic Development files UAZO RZ #14 -98, CL(2) #37 -98, CL(3) #13- 98, and EC #31 -98); and WHEREAS, on December 10 and 16, 1998, the City of Yakima Hearing Examiner conducted a duly convened, open- record public hearing regarding the requested rezone and Class 2 and Class 3 zoning review, and after considering the contents of the file and evidence received at the public hearing, issued {phis Examiner's Recommendation, Examiner No. IU98 -2 -35, dated December 22, 1 998; and WHEREAS, the Hearing Examiner recommended: 111) 1. The Subject Property should be rezoned from Multi - Family Residential (R -3) to Professional Business (B -1); and 2. Class 2 approval for a gift shop should be granted; and 3. Subject to certain conditions stated on page 10 of the Hearing Examiner's Recommendation, Class 3 approval for a restaurant should be granted; and WHEREAS, at its regular public meeting on January 19, 1999, the City Council duly considered the requested rezone and Class 2 and Class 3 approvals, and the Hearing Examiner's Recommendation; 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: 1. The Subject Property is suitable for uses permitted in the Professional Business (B -1) zoning district; 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing 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; ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 1 of 3 c. The intent of the Yakima Urban Area Zoning Ordinance; d. Other applicable land use controls; and WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the file, and the statements of interested persons, the City Council finds that the requested Class 2 approval should be granted; and, subject to the conditions stated on page 10 of the Hearing Examiner's Recommendation, the Class 3 approval should be granted; and WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the file, and the statements of interested persons, the City Council finds that, subject to the conditions stated on page 10 of the Hearing Examiner's Recommendation, the Class 3 approval should be granted; 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 and to grant the requested Class 2 approval and, subject to the conditions stated on page 10 of the Hearing Examiner's Recommendation, to grant the Class 3 approval; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The Yakima City Council adopts the findings, conclusions and recommendations of the Hearing Examiner's Recommendation, Examiner No. IU98 -2 -35, dated December 22, 1998, and incorporates that Hearing Examiner's Recommendation by reference as part of this ordinance. Section 2. Regarding the Subject Property, which is located in the vicinity of 3606 and 3702 I . Kern Road in Yakima, Washington, and legally described as: Lot 1 and Lot 2 of Short Plat 97 -10 recored May 21,1997, Auditors File No. 7011395, records of Yakima County Washington. Yakima County Assessor's Parcel #181315 -43471 (Lot 1) and 181315 -43472 (Lot 2) the City Council finds formally that: 1. The Subject Property is suitable for uses permitted in the Professional Business (B -1) zoning district; 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing 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. The Official Yakima Urban Area Zoning Map is amended to rezone the Subject Property from Multi- Family Residential (R -3) to Professional Business (B -1). ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 2' of 3 • Section 4. The requested Class 2 approval is granted. Section 5. General Conditions: TheClass 3 approval granted by this ordinance is expressly conditioned on the Applicant's satisfaction of each and every condition A - F stated on page 10 of the Hearing Examiner's Recommendation. Section 6. Final site plans, including I Y i the items shown on the original site plan, and additions or modifications required by this ordinance, and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Division prior to issuance of a Certificate of Zoning Review or building permit, pursuant to YMC 15.12.050. Section 7. The Class 2 and Class 3 approvals granted by this ordinance entitle the applicant to a Certificate of Zoning review, which is valid for one year from the date of issuance of the Certificate. The Certificate may be extended one time only for up to one additional year by application prior to the termination date, as set forth in YMC 15.12.060. Section 8. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section 9. Subject to the foregoing provisions and conditions, this ordinance shall be in full force and effect 30 days after its passa 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 regu g gn lar meetin and signed and approved this w day of February, 1999. A44 _�✓ John Puccinelli, Mayor or y A'1 11 City Clerk Publication Date: cg-3 qq III Effective Date: 3 C: \ word \rezones \jefferson \ord.docLast printed 01/28/99 8:40 AM • ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 3 of 3 sl, CE V D • DEC 2 2 1998 . a CITY OF YAKIMA PLANNING DIV, Master Application by )I EXAMINER'S RECOMMENDATION Sherry Jefferson for a j City No:. UAZO RZ #14 -98 Rezone from R -3 to B -1, ) CL(3) #13 -98, CL(2) #37 -98, Class 2 Review for Gift ) EC #31 -98 Shop, and Class 3 Review for Restaurant Re 3602 Kern Way ) Examiner No.. IU98 -2 -35 • 11 The Examiner conducted public hearings on December 10 and • December 16, 1998. The purpose of the continuance was to allow additional information to be generated by staff concerning traffic impacts from the proposed restaurant. There was no opposition expressed at either hearing. Sherry Jefferson attended both hearings. The second hearing was also attended by realtor Jim Beckett and George Thomas, who support the proposal. The staff report presented by Dan Valoff recommended approval of the rezone and the gift shop without conditions. The restaurant was also recommended for approval, subject to a number of conditions concerning its 'size and left turn restrictions on 40 at the intersection of Kern Road and 40 Avenue. The Examiner inspected the property prior to the first hearing. • If SUMMARY OF RECOMMENDATION. The Examiner recommends approval, without conditions, of the rezone and the Class (2) gift shop. The restaurant Class (3) application is also recommended for approval, subject to limitations on size and parking, consistent' with the site plan submitted' the applicant. The evidence in this record does not support requiring traffic mitigation with respect to turning movements at the intersection of Kern Road'and 40 Avenue. I It EXAMINER`S RECOMMENDATION - 1I • HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 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 hearings, the • Examiner makes the following: FINDINGS 1. Applicant. Sherry Jefferson. '2. Location. 3606 and 3702 Kern Road, Assessor's parcel numbers 181315 -43471 and 43472. The two parcels total about 1.43 acres. The legal description' is attached to the application and incorporated by reference. 3. Application. Master application, for a rezone from • Multi - Family Residential (R -3) to Professional Business (B -1), coupled with Class 2 review of a.gift shop and Class 3 review of a restaurant. 4. Proposed Zone. B -1. 5. Proposed Use. Office building (Class 1 use) plus a restaurant and gift shop. 6. Current Zoning and Use. These parcels are currently zoned R -3, occupied by an abandoned single family dwelling and current construction of a 3,000 square foot .office building. • Adjacent properties have the following characteristics: Location Current Zoning Existina use • North R -3 Children's Village (across Kern Rd.) South R -3 Assisted living facility • West B -1 Professional office East R -3 Senior apartment complex 7. Project Description. This proposal contemplates, after the rezone, construction of a 6,000 square foot building which • 1 tl EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER FOR THE • CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 will house offices, and a gift shop. The existing house will be converted to a restaurant. Tri required parking will be provided for all uses. These parcels also contain an existing 3,000 square foot office building under construction at 3702 Kern Road. This was approved as a Class 3 use in the R -3 zone in July, 1998. Both new buildings and t restaurant will access Kern Road which is a newly constructedYlocal access street. It is fully developed •with two lanes Of asphalt paving, curb, gutters, sidewalk and street lighting. The intersection of Kern with 40 • is designed with sufficient width to allow it to be striped for a left turn lane. No current traffic counts are available. 8. -Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YMC 15.23.030(5) are considered below: 8.1 Testimony. All testimony and letters support the rezone. 8.2 Suitability the Property. The existing character of the adjacent land uses indicates that the property is suitable for B -1 type development. The area is characterized by a mix of high density re;'sidential, congregate care, and professional /medical offices. 8.3 Agency Recommendations. No negative agency recommendations were receivedjll The Planning' Division recommends approval, without conditions,!of both the rezone and the Class 2 gift shop. The restaurant isla Class 3 use, and is therefore subject to higher scrutiny. Due to, concerns about the future development of this entire area east of 40 which is from vacant and orchard land to relatively intense residential and commercial uses, the Planning Division is understandably concerned that careful consideration of the cumulative impact of traffic on 40 Avenue be analyzed with respect to each development proposal. These concerns are, shared by the local Conference of Governments. EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 a (509) 248 -0706 The COG comments, followed by Planning Division discussion, are set forth below, verbatim from the staff report. The proponent did not estimate the amount of traffic which would be generated by the proposed development. A single- tenant office building of this type is estimated to generate an average of 11.5 vehicles trips per 1,000 square feet of gross floor area on an average weekday. A high- turnover (sit -down) restaurant is estimated to generate an average of 205.36 vehicles trips per 1,000 square feet of gross floor area on an average weekday (Source: Trip Generation Manual, Institute of Transportation Engineers, 1991). Given this trip generation rate, the project would generate an average of 685 vehicle trips (69 office, 616 restaurant trips) on an average weekday. North 40th Avenue is a major north - south, access corridor through central Yakima. According to traffic counts taken by the City of Yakima in October 1995, North 40th Avenue in the vicinity of Kern road is carrying approximately 21,500 vehicles per day. Access to the proposed project, especially left -turn movements on North 40th Avenue into Kern Road, may create potentially conflicting traffic movements on North 40th Avenue. Traffic desiring to make a left turn from southbound 40th Avenue will obstruct southbound traffic and may have a significant impact on trucks trying to negotiate the grade between Kern Road and Englewood Avenue. Traffic desiring to make a left turn into 40th Avenue from westbound Kern Road will have to cross two northbound lanes of traffic and merge with traffic in a third lane. All three lanes have limited gaps in traffic, especially during morning and evening peak hours. The July 1995 traffic study by the TRANSPO Group recommended vehicles not be allowed to make unprotected left turns from southbound 40th Avenue to Kern Road, or left turns from westbound Kern Road to 40th Avenue, instead be diverted to signalized intersections in the area. DISCUSSION The issue of traffic along North 40th Avenue has been discussed since the Fred Meyer project at 40th Avenue and Powerhouse (1990). Since that time numerous projects have been approved in the area of North 40th and Englewood Avenue; Dr. Taylor's rezone from R -1 to B -1 at 40th and Englewood Avenues, the Smith /Lukehart rezones from R -3 to B -1 and subdivisions of Medical and Professional View West which created North 39th Avenue and improvements to Kern Road and the intersection of 40th and Englewood. The last major development was the rezone and EXAMINER`S RECOMMENDATION - 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 • subdivision for Delmar Pearson's, D.E.P properties. A traffic signal was required at the intersection of Children's Way rather than at Kern Road. No left turn pocket was required with the Pearson development.. In all these land use decisions, numerous traffic studies have been prepared associated with development and the traffic impacts to North 40th Avenue. These traffic • issues are similar to the comments received by the Yakima Valley Conference of Governments. In this case, the applicant proposing the rezone of 1.43 acres from R -3 to B -1, 6000 square 'feet of office space and the Class (3) use of a restaurant. The restaurant is to be located in the existing vacant "farm house". It is not a national fast -food chain, "high -turn over" restaurant. The applicant proposes to remodel the existing house-and operate a small business, "mom & pop" type of restaurant operation. To. address the traffic concerns of the Yakima Valleyi Conference of Governments the applicant should be required 'to install a restricted right in/right out channelization devise at the intersection of Kern Road and 40th Avenue as a tra mitigation measure. As conditioned, the restaurant should not pose an adverse impact to the overall traffic situation in the area. • • The concerns expressed are relevant to the Class 3 restaurant proposal, but not ito the rezone or Class 2 gift shop, and are dealt with below. 8.4 Compliance with Comprehensive Plan and Zoning . Ordinance. The 1997 Yakima Urban Area Comprehensive Plan designates this area on the 1 Future Land Use Map as suitable for professional office development. The consistency of this proposal with both the comprehensive plan and the zoning ordinance is set forth in more detail in the staff report. • 8.5 Adequacy of Public Facilities. Public infrastructure, including roads, sewer, and water, is adequate to serve this location. ik 8.6 Compatibility.', The proposed B -1 :development is • • compatible with the adjacent (R -3) large lot multi - family residential zoned propertiesL The B -1 zoning district allows professional office development and multi - family development up to 12 dwelling units per net residential acre as a Class (1) use. • EXAMINER'S RECOMMENDATION - 5° HEARING EXAMINER FOR THE • CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 Adjoining land uses in the area consist of a B -1 property to the west, R -3 and B -1 zoned acreage properties to the north developed as Children's Village, and the senior apartment complex zoned R -3 to the east. All testimony is favorable. Hearing testimony indicated that residents of the adjacent residential area are excited at the prospect of having a local eatery available within walking distance. 8.7 Public Need. The change of circumstance required under state law is normally considered similar to the public need requirement established by local ordinance. In this instance, this area is rapidly developing. The substantial number of R -3 residents coupled with a substantial population of office workers, supports the conclusion that eating facilities and a modest gift shop are likely to enjoy substantial neighborhood patronage. Development in the area consists of a retirement community, office buildings, Children's Village, an Alzheimer's clinic, together . with medical offices, duplexes, and congregate care facilities. 9. Class 2 Gift Shop. The gift shop will be part of the proposed 6,000 square foot office building. All parking, setback, and development regulations will be met. The site plan reflects that the office and gift shop may be in two different buildings, totaling 6,000 square feet. The gift shop . would be directly opposite Children's Village, and is clearly compatible with the area. 10. Class 3 Restaurant. The existing farmhouse will be converted into a restaurant. The existing building is about 3,000 square feet. The applicant anticipates providing about 1,340 square feet of indoor seating, requiring 27 parking spaces, together with a 200 square foot patio for outdoor seating, requiring one additional space, for a total of 28. Mrs. Jefferson wants to maintain the appearance of the building as a farm house, and agrees with the concerns of city staff that if the restaurant EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 is expanded or significantly m;bdified that any such action should be subject to future Class 3 review. With respect to the proposed traffic mitigation on 40 Mrs. Jefferson is opposed. Jim Beckett testified at the second hearing that based upon his experience as a realtor with the property in this area, and upon his observations from his residence on Carriage Hill, that the area is well laid out, with numerous access points. These alternative routes allow traffic to find the easiest route. He anticipatesithat if left turns on 40 become a problem, that traffic . will simply move on to the traffic signal at 4 and Englewood, and thence into the development. Mr. Beckett noted' that it is interesting that there is less traffic attempting to blast across 40 to Fechter. He sees more traffic coming through to 40 from Kern Road, turning right (northbound) on 40 and then; left (westbound) on Fechter, thus avoiding crossing four lanes of traffic across 40 from Powerhouse. At the first hearing Kevin Callow from Engineering reviewed g g the development history ofl the Lukehart/Smith and Pearson properties, resulting in the ultimate decision to plan for a future traffic signal on 40 the intersection of Castlevale, and to construct current Kern with sufficient width at 40 to accommodate striping for a lNeft turn lane from Kern onto 40 (southbound). He indicated that the engineering department is not currently in favor of putting a left turn barrier in 40 preventing left turns from Southbound 40 onto Kern, nor in preventing left turns from Kern onto southbound 40 I continued the hearing in order to give staff an opportunity' to look at this in more detail. My Notice of Continuance indicated that I would appreciate input from Planning, Engineering, and Traffic Engineering concerning the current level of service on 40 particularly with respect to turning movements at the intersection of Kern and 40 If possible to determine, I r a EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 • asked for the remaining capacity at that intersection, and to what extent this project would consume part or all of the remaining capacity, and if consumed what mitigation should be imposed on this proposal. The only additional information on these points, received at the second hearing, was from City Engineer Fred French, who essentially confirmed Mr. Callow's comments. As additional background, Council members will recall that traffic mitigation on 40 was a significant component of the Pearson rezone hearing. Considerable input from staff suggested the desirability of designing Kern with the anticipation that a traffic signal would eventually be placed at 40 /Kern. I ultimately bought the developer's argument that a traffic signal made more sense at Castlevale /40 This was based largely on the consideration that a traffic signal here would better serve future development of the Pearson Orchard west of 40 and could . possibly accommodate relocation of Fechter. It was also influenced by the fact that Kern west of 40 is substantially constrained by existing development in its future ability to serve the Pearson Orchard. A third consideration was the slope on 40 Avenue, coupled with its curves, neither of which are conducive to good signal locations. Civil Engineer Bill Huibregtse testified during those hearings that what 40 really needed was a continuous left turn lane. In any event, my recommendation was essentially adopted by the Council. The Council recognized, however, that any Class 3 uses on the Pearson property would be subject to scrutiny concerning traffic impacts on 40 Further SEPA or substantive review might change the analysis, and affect the type and timing of traffic mitigation which should be required. Against that backdrop, Mrs. Jefferson plans to operate a full service restaurant, serving breakfast, lunch, and dinner (or dinner and supper if one suffers from a mid- western origin). EXAMINER'S RECOMMENDATION - 8 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMJ POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 1I Traffic generated by the restaurant will typically be off peak from normal commuting peak hour traffic volumes. Five access it points serve the restaurant. 0 Access from 40� is available from Castlevale or Kern, Englewood can access via 39 to Kern, and from Powerhouse to Kern. This area demonstrates the benefit of a traffic grid, and is an excellent example of recent planning efforts to develop good traffic circulation patterns. The evidence in this_ record does not justify requiring traffic mitigation on 40 for this proposal. 11. Environmental Review. A Determination of Non - significance was issued by the" City on November 6, 1998 and is now final. 12. Public Notice. Public notice of this hearing was provided as follows: Posting of property: November 25, 1998 Legal Ad 'Published: a November 25, 1998 Notification of propertylowners: November 25, 1998 From the foregoing Findings, the Examiner makes the following: l l CONCLUSIONS il 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 B - { i 1 zone; there are no problems with neighborhood compatibility; and a public need does exist for the proposed change. 3. The Class 2 and Class 3 uses are compatible with the area, subject to conditions set.forth below. 4. All notice provisions of the ordinance have been complied with. 1 4 EXAMINER'S RECOMMENDATION - 9 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA • POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION 1. Approve this rezone application, from R -3 to B -1. 2. Approve the Class 2 gift shop use. 3. Approve the Class 3 restaurant use, subject to the following conditions. A. The restaurant, utilizing the existing farm house, shall substantially comply with the final site plan, with approximately 1,340 square feet of indoor seating, 200 square feet of outdoor seating, no drive through facility, and parking in conformity with the ordinance. B. Any expansion of the existing structure or its demolition, which in the view of the Planning Division is significant, shall require further Class 3 or equivalent review. C. All signage for this proposal, including the gift shop, shall conform with the zoning ordinance. Locations of any free standing signs shall be reflected on the final site plan. D. Restaurant operation will require analysis of the discharge for BOD and concentrations of suspended solids, as determined by the Waste Water Division. E. All off street parking spaces shall be paved, striped, landscaped, and shall comply in all respects with the ' zoning ordinance. F. All addresses shall be visible from the street. 4. Final site plans, including the items shown on the original site plan, and addition or modifications required by this decision, and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Division prior to issuance of a Certificate of Zoning review or building permit, pursuant to YMC 15.12.050. 4 a EXAMINER'S RECOMMENDATION - 10 HEARING EXAMINER FOR THE C ITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 • 5. These Class 2 and Class 3 approvals entitle, the applicant to a Certificate of Zoning review, which is valid for one year from the date of issuance of the Certificate. The Certificate maybe extended one time only for up to one additional year by application prior to the termination date, as. set forth in the YMC 15.12.060. Respectfully submitted this day of December 1998. • I 1I P ILIP A. LAMB • Hearing Examiner • • • • • • ll tl < EXAMINER'S RECOMMENDATION - 11 1 • . 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' ACT �s u . : . i ) . ∎ z. i Zs 9 _�_ 1 5 1 998 ` CITY OF - I _ � YAKIMA _ - 1 N T wo W Ar " TeA r-aic_ - PLANNING DIV a .. -. - .. ,: - c"4-s kt 69° 51' 14- 158.-4.3' ' • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 1 FOR MEETING OF: February 2. 1999 ITEM TITLE: Ordinance approving the Master Land Use application submitted by Sherry Jefferson. SUBMITTED BY: William Cook, Director of Community &Economic Development CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163 SUMMARY EXPLANATION: n 19, 1 On January 1999 the City Council conducted a Public Meeting and voted to approve the rezone request by Ms. Sherry Jefferson from R -3, Multi - Family Residential to B -1, Professional Business, coupled with a Class 2 review of a gift shop and Class 3 review for a restaurant. This 1.43 acre Master land use application is made up of two parcels located in at 3606 and 3702 Kern Road. Resolution Ordinance_ Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: -=<=3 -z`\ \`mil City Manager STAFF RECOMMENDATION: Approval of ordinance prepared by City Legal staff. BOARD RECOMMENDATION: Hearing Examiner recommends approval. COUNCIL ACTION: