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Home My WebLink About1997-044 Rezone p ORDINANCE NO. 97 - 44 • AN ORDINANCE relating to land use zoning, rezoning 1.93 acres in the vicinity of 5110 Tieton Drive in Yakima, Washington, from Light Industrial (M -1) to Local Business (B -2) and amending the zoning map of the Yakima Urban Area accordingly, and granting a building height variance of 35 feet and an administrative adjustment allowing 90% lot coverage. WHEREAS, on May 8, 1997, the Hearing Examiner conducted a duly convened public hearing on the application (UAZO RZ #8 -96 /Variance #1- 97 /Administrative Adjustment #11 -97) submitted by Tim Monahan, contract purchaser for property owner Congdon Orchards, Inc., requesting . amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Light Industrial (M -1) to Local Business (B -2) of 1.93 acres in the vicinity of 5110 Tieton Drive in Yakima, Washington (referred to below as "the Subject Property "), a building height variance • of 35 feet, and an administrative adjustment allowing 90% lot coverage; and WHEREAS, by Recommendation dated May 28, 1997, the Hearing Examiner recommended that the requested rezone be granted and that, subject to several conditions stated on pages 10 -11 of his Recommendation, the requested building height variance of 35 feet and 90% lot coverage adjustment be granted; and WHEREAS, on June 17, 1997, the City Council duly conducted a public meeting to consider the proposed rezone and building height variance and lot coverage adjustment and determined to adopt the Hearing Examiner's ,Recommendations; and WHEREAS, (1) the Subject Property is suitable for uses permitted in the Local Business (B -2) District and any problems with neighborhood compatibility can be resolved; (2) there exists a public need for the proposed rezone; (3) since the existing zoning was established circumstances have changed and now make the proposed rezone appropriate; and (4) the proposed rezone is consistent with and complies lap \rezones \monahan /5110 ticton dr. \Monahan(Croup M nrchitcc)rezone- 6/26/97 11:43 AM PAGE 1 with: (a) the requirements and considerations set forth in Yakima ® Municipal Code Chapter 15.23; (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; and, WHEREAS, subject to the several conditions stated on pages 10 -11 of the Examiner's Recommendation, the proposed building height variance of 35 feet and the proposed 90% lot coverage adjustment conform with the requirements of City of Yakima Urban Area Zoning Ordinance and other applicable land use controls; and WHEREAS, it is in the best interests of the City of Yakima to approve the proposed rezone and, subject to the conditions recommended by the Hearing Examiner, to approve the requested building height variance of 35 feet and the 90% lot coverage adjustment; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council finds formally that: (1) the Subject Rezone Property is suitable for uses permitted in the Local Business (B -2) District and any problems with neighborhood compatibility can be resolved; (2) there exists a public need for the proposed rezone; (3) since ® the existing zoning was established circumstances have changed and now make the proposed rezone appropriate; and (4) the proposed . rezone is consistent with and complies with: (a) the requirements and considerations set forth in Yakima Municipal Code Chapter 15.23; (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 2. The findings and conclusions, of the Hearing Examiner, as stated in the Hearing Examiner's Recommendation, Examiner No. I97- 2- 27,'City No. UAZO RZ #9 -96, and the Hearing Examiner's recommendation that the Official Yakima Urban Area Zoning Map within the City of Yakima be amended to rezone from Light Industrial (M -1) to Local Business (B -2) of 1.93 acres in the vicinity of 5110 Tieton Drive in Yakima, Washington, and legally described as: THE WEST 182 FEET OF THE EAST 198 FEET OF THE SOUTH 481.63 FEET OF THE NORTH 511.63 FEET OF. LOT 2, YAKIMA VALLEY ORCHARD TRACTS, RECORDED IN VOLUME A OF PLATS, PAGE 75, RECORDS OF YAKIMA . COUNTY, WASHINGTON AND ALL PROPERTY TO THE EAST OF ABOVE DESCRIPTION TO EXISTING FENCE LINE. (APPROXIMATELY 42') lap \ rezones \monahan /5110 tieton dr. \Monahan(Group M Architec)rezonc— 6/26/97 11:43 AM PAGE2 • YAKIMA COUNTY ASSESSOR'S PARCEL # 181328 -12403 (referred to below as "the Subject Property"), are regarding the requested rezone are hereby affirmed and adopted, and the Subject Property shall be zoned Local Business (B -2 and the Official Yakima Urban Area Zoning Map shall be amended accordingly. Examiner No. I97 -2 -27, City No. UAZO RZ #9 -96, is incorporated by reference. Section 3. Approval of Building Height Variance and Lot Coverage Adjustment. The City Council finds formally that, subject to the conditions recommended by the Hearing Examiner on pages 10 -11 of his Recommendation, the proposed building height variance of 35 feet and the 90% lot coverage adjustment conform with the requirements of the City of Yakima Urban Area Zoning Ordinance and other applicable land use controls. The Yakima City Council hereby adopts the findings, conclusions, and recommendation of the Hearing Examiner's Recommendation regarding the requested building height variance and lot coverage adjustment, which are granted, The Hearing Examiner Recommendation, Examiner No. I97 -2 -27, City No. UAZO RZ #9 -96, is incorporated by reference. Section 4. The City Clerk is hereby authorized and directed to file a ID certified copy of this ordinance with the Yakima County Auditor. Section 5. Subject to the foregoing provisions and conditions, 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 appeals this action according to the requirements of chapter 36.70C RCW. PASSED BY THE CITY COUNCIL, signed and approved tiis ]stday of July, 1997. Lynn Buchanan, Mayor A'1"1'EST: t .4611/110( Acting ity Clerk ' lap \rezones \monahan /5110 ticton dr. \Monahan(Group M Architeclrezonc 6/26/97 11: 43 AM PAGE 3 Publication Date: July 4, 1997 Effective Date: August 3, 1997 1 lap \ rezones \monahan /5110 tieton dr. \Monahan(Group M nrchitec)rczonc— 6/26/97 11:43 AM PAGE 4 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item /S tem No. For Meeting Of July 1, 1997 ITEM TITLE: Consideration of a Ordinance approving a rezone for Group M. Architecture (Tim Monahan) • SUBMITTED BY: Glenn Valenzuela, Director of Community and Economic Development CONTACT PERSON /TELEPHONE: Joan Davenport, Supervising Planner (575- 6164) SUMMARY EXPLANATION: On June 17, 1997 the Yakima City Council approved the Hearing Examiner's S recommendation for of Group M Architecture's request for a rezone of property located at 5110 Tieton Drive. The attached ordinance will formally adopt this rezone action. • • Resolution(s) Ordinance X Contract Other: Funding Source: none necessary At z ffL e_____ & ta_ APPROVAL FOR SUBMITTAL: City Manager • STAFF RECOMMENDATION: Approve Ordinance • S BOARD RECOMMENDATION: COUNCIL ACTION: Ordinance passed. Ordinance No. 97 -44 •