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HomeMy WebLinkAbout1997-043 Rezone • ORDINANCE NO. 97 - 43 AN ORDINANCE relating to land use zoning and subdivision, rezoning 3.27 • acres in the vicinity of the north side of Willow Street between North 27th and North 28th Avenues in Yakima. Washington, from Single - Family Residential (R -1) to Two - Family Residential (R -2) and amending the zoning map of the Yakima Urban Area accordingly, and approving two preliminary plats creating a total of 19 residential lots. WHEREAS, on April 24, 1997, the Hearing Examiner conducted a duly convened public hearing on the application (UAZO RZ #9 -96, Preliminary Long Plat #3 -96 and Preliminary Short Plat #2 -97) submitted Yakima Valley O.I.C., which owns the Subject Property, requesting amendment of the Official Yakima Urban, Area Zoning Map within the City of Yakima and rezone from Single- Family Residential (R -1) to Two- Family Residential (R-2) of 3.27 acres in the vicinity of the north side of Willow Street between North 27th and North 28th Avenues in Yakima, Washington (referred to herein as "the Subject Property "), and proposing two plats creating 19 residential lots, including a short plat involving a portion of a parent parcel identified by Yakima County • Assessor's Parcel #181314-31087 and a long plat involving Yakima County Assessor's Parcel #181314-31084, 31085, and 31086; and WHEREAS, by Recommendation dated May 22, 1997, the Hearing Examiner recommended that the proposed rezone be granted and, if the rezone is granted: I) that the proposed short plat be approved subject to several conditions stated on pages 13 -14 of his Recommendation, and 2) that the proposed long plat be approved subject to several conditions stated on pages 14 -17 of his Recommendation; and WHEREAS, on June 17, 1997, the City Council duly conducted a public meeting to consider the proposed rezone and short plat and long plat and determined to adopt the Hearing Examiner's Recommendations; and WHEREAS, (1) the Subject Property is suitable for uses permitted in the Two - Family Residential (R -2) District and is compatible with the neighborhood; (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; and, • lap \ rezones \oic \OIC rezone & 2 plats— 6/26/97 1 1:16 AM Page 1 • • WHEREAS, subject to the several conditions stated on pages 13 -17 of the • Examiner's Recommendation, the proposed short plat and long plat conform with applicable land use controls; and WHEREAS, the 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, the proposed short plat and long plat; 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 Two- Family Residential (R -2) District and is compatible with the neighborhood; (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 Single - Family Residential (R -1) to Two- Family Residential (R -2) of 3.27 acres in the vicinity of the north side of Willow Street between North 27th and North 28th Avenues in Yakima. Washington, and legally described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION, THENCE NORTH ALONG THE WEST LINE THEREOF 418.97 FEET TO THE SOUTH LINE OF THE NORTH 245.00 FEET THEREOF; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 50.00 FEET THEREOF; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE SOUTH LINE OF THE NORTH 365.00 FEET THEREOF; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 180.00 FEET THEREOF; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID. SUBDIVISION TO THE SOUTH LINE OF THE NORTH 245.00 FEET THEREOF; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 200.00 FEET THEREOF; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE SOUTH LINE OF THE NORTH 230.00 FEET THEREOF; lap \rezones \oic \OIC rezone n 2 plats— 6/26/97 1 1:16 AM Page 2 • • • 0 , „: . THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 237.70 FEET THEREOF; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE NORTH LINE OF THE SOUTH 412.00 FEET THEREOF; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 66.00 FEET OF THE EAST HALF OF SAID SUBDIVISION; ft-HENCE NORTH PARALLEL WITH THE WEST LINE OF THE EAST HALF OF SAID SUBDIVISION TO THE SOUTH LINE OF THE NORTH 207.00 FEET THEREOF; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 100.00 FEET; • THENCE SOUTH 10.00 FEET; THENCE EAST 33.30 FEET, MORE OR LESS TO A POINT 133.4 FEET WEST OF THE EAST LINE OF SAID EAST HALF OF SAID SUBDIVISION; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID EAST HALF OF SAID, SUBDIVISION TO A POINT 125 FEET NORTH OF THE SOUTH LINE THEREOF; • THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 81.00 FEET OF SAID EAST HALF OF SAID SUBDIVISION; • THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID EAST HALF OF SAID SUBDIVISION TO THE SOUTH LINE THEREOF; • THENCE WEST ALONG SAID SOUTH LINE TO THE EAST LINE OF THE WEST 350.00 OF SAID SUBDIVISION; . THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE NORTH LINE OF THE SOUTH 155.00 FEET THEREOF; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE. EAST LINE • OF THE WEST 225.00 FEET THEREOF; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE NORTH LINE OF THE SOUTH 175.00 FEET THEREOF; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 105.00 FEET THEREOF; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE SOUTH LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER THEREOF AND THE POINT OF BEGINNING. EXCEPT THE SOUTH 60.00 FEET OF THE NORTH 455.00 FEET OF THE EAST 130.00 FEET OF THE WEST 180.00 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID. SECTION 14, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M. (referred to below as "the Subject Property "), are hereby affirmed and adopted, and the Subject Property shall be zoned Two- Family Residential (R -2) and the Official Yakima Urban Area Zoning Map shall be amended accordingly. Hearing Examiner Recommendation, Examiner No. I97 -2 -27, City No. UAZO •RZ #9 -96, is incorporated by reference. Section 3. The findings, conclusions, and recommendation of the Hearing Examiner recommending, subject to the conditions stated by the Hearing Examiner on pages 13 -17 of his Recommendation, approval of the proposed short plat and long plat are hereby affirmed and adopted, and the City Council finds formally that. the proposed short plat and long plat conform S with the requirements of applicable land use controls. The preliminary short lap \rezones \oic \OIC rezone & 2 plats— 6/26/97 1 1:16 AM Page 3 and long plats are approved subject to the conditions stated by the Hearing • Examiner on pages 13 -17 of his Recommendation, Examiner No. I97 -2 -27, City No. UAZO RZ #9 -96, which is incorporated by reference. Section 4. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. 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 this sr day of July, 1997. • Lyn Buchanan, Mayor ATTEST: At ,Are City Clerk • Publication Date: 7-4-92 Effective Date: • • lap \rezones \oic \OIC rezone & 2 plats— 6/26/97 11 AM Page 4 } • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. ' • - FOR MEETING OF: July 1.1997 ITEM TITLE: Consideration of Ordinance for Yakima Valley OIC Rezone SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Economic . Development, 575 -6113 CONTACT PERSON / TELEPHONE: John Elsden, Senior Project Planner, 575 -6162 SUMMARY EXPLANATION: On June 17, 1997, the Yakima City Council approved the Hearing Examiner's • recommendation for the Yakima Valley OIC request for rezone and preliminary long plat and short plat north of Willow Street between N 27th and :N Avenues. The attached Ordinance will formally adopt this recommendation: g z • • Resolution Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: _ A . yAa City Manager STAFF RECOMMENDATION: Approve Ordinance BOARD RECOMMENDATION: City Council approved Hearing Examiner El) recommendation on June 17, 1997 COUNCIL ACTION: •