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HomeMy WebLinkAbout1997-057 Rezone ORDINANCE NO. 97 - 57 AN ORDINANCE concerning land use and zoning, rezoning 1.17 acres northwest of the Fair Avenue and I -82 interchange in Yakima, Washington, from Light Industrial (M -1) to Central Business District Support (CBDS) and amending the zoning map of the Yakima Urban Area accordingly. WHEREAS, on August 14, 1997, the Hearing Examiner conducted a duly convened public hearing on the application (UAZO RZ #3 -97) submitted by Gary Lukehart, the property owner, requesting amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Light Industrial (M -1) to Central Business District Support (CBDS) of approximately 1.17 acres northwest of the Fair Avenue and 1 -82 interchange in Yakima, Washington (referred to below as "the Subject Property "), which is comprised of one parcel, namely Yakima County Assessor's Parcel #191318-44400; and WHEREAS, by Recommendation dated August 22, 1997, (Examiner No. I97 -2 -46) the Hearing Examiner recommended that the requested rezone be approved; and WHEREAS, on September 16, 1997, the City Council duly conducted a public meeting to consider the proposed rezone and determined to affirm the Hearing Examiner's recommendation; and WHEREAS: (1) the Subject Property is suitable for uses permitted in the Central Business District Support (CBDS) zoning 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 appro- priate; 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 WHEREAS, the best interests of the City of Yakima would be advanced by approving the proposed rezone; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council finds formally that: (1) the Subject Property is suitable for uses permitted in the Central Business District Support (CBDS) zoning district and there are no compatibility problems; (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 lap \rezones \gateway center -97 \Gateway 2 (Trailwagons) ord 10/7/97 10:31 AM REZONE ORDINANCE: (RZ #3 -97) LUKEHART /GATEWAY 2 Page 1 1 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. The Yakima City Council hereby adopts the findings, conclusions, and recommendation of the Hearing Examiner's Recommendation, Examiner No. I97 -2 -46, City No. UAZO RZ #3 -97, which is incorporated herein by reference. Section 2. The Official Yakima Urban Area Zoning Map within the City of Yakima is amended to rezone from Light Industrial (M -1) to Central Business District Support (CBDS) 1.7 acres northwest of the Fair Avenue and I -82 interchange in Yakima, Washington (referred to below as "the Subject Rezone Property "), and legally described according to the legal description which appears on the attached Exhibit A, and which, by this reference, is incorporated as part of this ordinance: Section 3. The City Clerk is authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section 4. 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 commences proceedings for review pursuant to the provisions of Chapter 36.70C RCW. PASSED BY THE CITY COUNCIL, signed and approved this Th day of October, 1997. John Puccinelli, Mayor Pro tem ATTEST: p /2 Z City Clerk Publication Date: 10/10/97 Effective Date: 11/09/97 lap \rezones \gateway center -97 \Gateway 2 (Trailwagons) ord 10/7/97 10:31 AM REZONE ORDINANCE: (RZ #3 -97) LUKEHART /GATEWAY 2 Page 2