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Home My WebLink About1997-054 Rezone • ORDINANCE NO. 97 - 54 AN ORDINANCE concerning land use and zoning, rezoning 8 acres in the vicinity of 1050 and 1100 East Lincoln Avenue 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 May 8, 1997, the Hearing Examiner conducted a duly convened public hearing on the application (UAZO RZ #5 -96) 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 8 acres in the vicinity of 1050 and 1100 East Lincoln Avenue in Yakima, Washington (referred to below as "the Subject Property "), which is comprised of 6 parcels, namely Yakima County Assessor's Parcels #191318-43006, #191318-43526, #191318-43540, #191318-43541, #191318-44019, and #191318-44021; and WHEREAS, by Recommendation dated June 25, 1997, (Examiner No. 197 -2- 29) the Hearing Examiner recommended that the requested rezone be approved; and WHEREAS, on August 5, 1997, the City Council duly conducted a public meeting to consider the proposed rezone and determined to adopt 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 proposed Rezone approval conforms with the requirements of City of Yakima Zoning Title, and 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 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. The Yakima City Council hereby adopts the findings, conclusions, and recommendation of the Hearing Examiner's Recommendation, Examiner No. 197 -2 -29, City No. UAZO RZ #5 -96, 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) 8 acres in the vicinity of 1050 and 1100 East Lincoln Avenue in Yakima, Washington (referred to below as "the Subject Rezone Property "), and legally described by the legal description attached to this ordinance as Exhibit A. Section 3. The City Clerk is hereby 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. COUNCIL, signed and approved this /7 of 411 PASSED BY THE CITY COU g pp y st, 1997. S&P ynn Buchanan, Mayor ATTEST: City Clerk Publication Date: 9-19-97 Effective Date: le - l 9-91 1111 EXHIBIT "A" LUKEHART PROPERTY REZONE City of Yakima, Washington File: UAZO RZ #5 -96 PARCEL NO. 1 [191318 - 44019] • That part of the South half of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M. described as follows: Commencing at the Southeast corner of the North half of the Southeast quarter of the Southeast quarter of said Section 18; thence North 88 °3'37" West along the South line of last said Subdivision 879.20 feet to the Point of Beginning; thence North 1 °56'23" East 376.00 feet; thence North 88 °03'37" West 250.00 feet; thence South 1 °56'23" West 376.00 feet to the South line of last said subdivision; thence South 88 °03'37" East 250.00 feet to the Point of Beginning. EXCEPT that part thereof lying Southwesterly of a line drawn 43.5 feet Northeasterly of and parallel with the LN Line Survey of SR 82, East Yakima Avenue Interchange. Situated in Yakima County, State of Washington. PARCEL NO. 2 [191318- 44021, portions of] That part of the South half of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M. described as follows: Commencing at the Southwest corner of Lot 16, Block 208, Eastern Addition to North Yakima, according to the plate thereof recorded in Volume "A "Plats, Page 19, records of Yakima County, Washington; thence North 17 °19' West along the Easterly line of North Tenth Street 413.00 feet; thence North 72 °41' East 140.00 feet to the Point of Beginning; thence South 1T19' East 200.00 feet; thence North 72 °41' East to the South Line of the North half of the Southeast quarter of the Southeast quarter of said Section 18; thence South 88 °03'37" East along the South line of the last said subdivision to a point which is 1,129.20 feet North 88 °03'37" West of the Southeast corner of the last subdivision; thence North 1 °56'23" East 376.00 feet; thence North 88 °03'37" West 229.21 feet; thence South 71 °56'38" West 49.54 feet to the Southeast corner of that tract of land conveyed to Pacific Power and Light Company by instrument recorded under Auditor's File No. 2162017, records of Yakima County, Washington; thence South 1 °12'30" east 194.06 feet to the Point of Beginning. 411 EXCEPT that part thereof lying southwesterly of a line drawn 43.5 feet • Northeasterly of and parallel with the LN Line Survey of SR 82, East Yakima Avenue interchange. Situated in Yakima County, State of Washington. PARCEL NO. 3 [191318 -43006 [portions of] That part of the South half of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M. described as follows: Commencing at the Southwest corner of Lot 16, Block 208, Eastern addition to North Yakima, according to the plat thereof recorded in Volume "A" of Plats, Page 29, records of Yakima County, Washington; thence North 17 °19' West along the Easterly line of North Tenth Street 413.00 feet; thence North 72 °41' East 140.00 feet to the Point of Beginning; thence South 72 °41' West 140.00 feet; thence North 17 °19' West along the Easterly line of North Tenth Street and the Northerly extension thereof 251.65 feet to the South line of that tract of land conveyed to Pacific Power and Light Company by instrument recorded under Auditor's File No. 2162017, records of Yakima County, Washington; thence South 88 °43'52" East along the South line of said tract of land conveyed to Pacific Power and Light Company 204.54 feet to the Southeast corner thereof; thence South 1 °12'30" East 194.06 feet to the Point of Beginning. Situated in Yakima County, State of Washington. PARCEL NO. 4 [19131843526, portions of] That part of the South half of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M. described as follows: Commencing at the Southwest corner of Lot 16, Block 208, Eastern addition to North Yakima, according to the plat thereof recorded in Volume "A" of Plats, Page 19, records of Yakima County, Washington; thence North 17°19' West along the Easterly line of North Tenth Street 213.00 feet to the Point of Beginning; thence North 17 °19' West 150.00 feet; thence North 72 °41' East 140.00 feet; thence South 1T19' East 150.00 feet; thence South 72 °41' West 140.00 feet to the Point of Beginning. EXCEPT that part thereof lying Southwesterly of a line drawn 43.5 feet Northeasterly of and parallel with the LN Line Survey of SR 82, East Yakima Avenue interchange. Situated in Yakima County, State of Washington. PARCEL NO. 5 [19131843541, portions of] That part of the South half of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M. described as follows: Beginning at the Southeast corner of the north half of the Southeaster quarter of the Southeast quarter of said Section 18; thence North 88 °03'37" West along the South line of last said subdivision 879.20 feet; thence North 1 °56'23" East 376.00 feet; thence South 88 °03'37" East to the East line of said Section 18; thence South 0 °47'50" West to the Point of Beginning. EXCEPT that part thereof lying East of a line which is 65.00 feet West of and parallel with the AR Line Survey of SR 82, East Yakima Avenue interchange. AND EXCEPT that part thereof lying South of a line which is 65.5 feet North of and parallel with the F Line Survey of SR 82, East Yakima Avenue interchange. PARCEL NO. 6 [191318- 43001, portions of] That part of the Southwest quarter of the Southeast quarter of Section 18, Township 13 North, Range 19 East, W.M. described as follows: Commencing at the Northeast corner of Lot 9, Block 187, College addition to North Yakima (now Yakima), according to the plat thereof recorded in Volume "A" of Plats, Page 51, records of Yakima County, Washington; thence North 72 °39'56" East parallel with the Centerline of East "D" Street, 20.00 feet to the Point of Beginning; thence North 72 °39'56" East 40.00 feet; thence North 17 °19'12" West 27.00 feet; thence North 83 °36'15 "East 100.15 feet; thence South 88 °46'04" East 346.00 feet; thence South 1 °57' West 190.00 feet; thence North 88 °46'04" West 256.00 feet to the Northeasterly extension of the Southerly line of Fractional Lot 5, Block 187, Grafton's Addition to North Yakima (now Yakima) according to the plat thereof recorded in Volume "A" of Plats, Page 95, records of Yakima County, Washington; thence South 72 °39'56" West along the Southerly line of Fraction Lot 5, Block 187 of said Grafton's Addition, 170.95 feet to the most Southerly corner thereof; thence North 1T19'12" West 200.00 feet to the Point of Beginning. EXCEPT that part thereof lying Westerly of a line which is 25.00 feet Easterly of as measured at right angles from and parallel with the Northerly extension of the monumented centerline of North Tenth Street, as it is extended through said property. Situated in Yakima, County, State of Washington. r • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of September 16, 1997 ITEM TITLE: Consideration of a Ordinance approving a rezone for Gary Lukehart, etal for Gateway Center Phase 2 SUBMITTED BY: Glenn Valenzuela, Director of Community and Econo , ( Development CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Planner (575 -6164) SUMMARY EXPLANATION: • On August 5, 1997 the Yakima City Council approved the Hearing Examiner's recommendation for Gary Lukehart's ( Gateway Center, Phase 2) request for a rezone of property located at 1050 and 1100 East Lincoln Avenue. The attached ordinance will formally adopt this rezone action. Resolution(s) Ordinance X Contract Other: Funding Source: none necessary (� APPROVAL FOR SUBMITTAL: Y igG1 City Manager STAFF RECOMMENDATION: Approve Ordinance BOARD RECOMMENDATION: COUNCIL ACTION: