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2004-088 Repealing Ordinance 2001-56 & reacting 3 UAZO amdmts
ORDINANCE NO. 2004- 88 AN ORDINANCE concerning land use regulation and comprehensive planning; repealing City of. Yakima Ordinance No. 2001 -56; reaffirming and reenacting the reclassification of five parcels located at 424 South 49 Avenue (Parcel No. 181321- 44482), 423 South 50 Avenue (Parcel No. 181321-44407), 424 South 50 Avenue (Parcel No. 181321- 44408), and 5015 Tieton Drive (Parcel Nos. 181321- 44420 and 181321 - 44421) from Medium Density Residential and Light Industrial to Neighborhood Commercial on the Future Land Use Map; reaffirming and reenacting the reclassification of fourteen parcels (Parcel Nos. 191329 - 31453, 191329 - 31457, 191329 -31459 (just eastern half of parcel), 191329 -31562 (just eastern half of parcel), 191329 - 31477, 191329 - 31478, 191329- 31479, 191329- 31480, 191329- 31558, 191329- 31560, 191329-31566, 191329- 31569, 191329 - 31571, and 191329 - 31572) located between 1416 South 18 Street and 1514 South 18 Street from Medium Density Residential to Arterial Commercial on the Future Land Use Map; and reaffirming and reenacting the reclassification of five parcels located at 904 Central Avenue (Parcel No. 191330- 14460), 906 Central Avenue (Parcel No. 191330 - 14459), 1302 South Fair Avenue (Parcel No. 191330 - 14450), 1304 South Fair Avenue (Parcel No. 191330- 14451), and 1306 South Fair Avenue (Parcel No. 191330- 14452) from Medium Density Residential to Arterial Commercial on the Future Land Use Map; and amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan to reflect the repeal of City of Yakima Ordinance No. 2001 -56 and the reaffirmation and reenactment of said reclassifications. WHEREAS, by application dated April 24, 2001 ( "CPA #1 -01 "), Steve Sutliff, on behalf of various property owners, requested that five parcels located at 424 South 49 Avenue (Parcel No. 181321- 44482), 423 South 50 Avenue (Parcel No. 181321 - 44407), 424 South 50 Avenue (Parcel No. 181321 - 44408), and 5015 Tieton Drive (Parcel Nos. 181321- 44420 and 181321- 44421) be reclassified from Medium Density Residential and Light Industrial to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and WHEREAS, by application dated April 23, 2001 ( "CPA #2 -01 "), Paul John Koverman, on behalf of various property owners, requested that thirteen parcels (Parcel Nos. 191329- 31453, 191329 - 31457, 191329 -31459 (just eastern half of parcel), 191329- 31476, 191329- 31477, 191329 - 31478, 191329 - 31479, 191329- 31480, 191329 - 31558, 191329 - 31560, 191329 - 31566, 191329 - 31569, and 191329 -31570 located between 1416 South 18 Street and 1514 South 18 Street be reclassified from Medium Density Residential to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and WHEREAS, since the filing of CPA #2 -01 application, the Yakima County Assessor redesignated Parcel No. 191329 -31476 as theeastern half of Parcel No. 191329 - 31562, and divided Parcel No. 191329 -31570 into Parcel No. 191329 -31571 and Parcel No. 191329 - 31572; and 1 WHEREAS, by application dated April 30, 2001 ( "CPA #3 -01 "), Terry P. Morton requested that three parcels located at, 906 Central Avenue (Parcel No. 191330- 14459), 1302 South Fair Avenue (Parcel No. 191330 - 14450), 1304 South Fair Avenue (Parcel No. 191330- 14451), and be reclassified from Medium Density Residential to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and WHEREAS, on May 22, 2001, Ruby Thurman, requested that her property located at 1306 South Fair Avenue (Parcel No. 191330 - 14452) be included within CPA #3 -01; and WHEREAS, on May 24, 2001, City staff recommended that the property located at 904 Central Avenue (Parcel No. 191330 - 14460) also be included within CPA #3 -01; and WHEREAS, by application dated April 27, 2001 ( "CPA #4 -01 "), property owner Congdon Orchards, Inc., requested that approximately 38 acres of property located north of Nob Hill Boulevard and south of Midvale /Arlington between South se Avenue and South 69 Avenue be reclassified from High Density Residential to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and WHEREAS, in said April 27, 2001 application ( "CPA #4 -01 "), property owner Congdon Orchards, Inc., also requested that approximately 20 acres of property located south of Nob Hill Boulevard generally between South 64 Avenue and South 67 Avenue be reclassified from Neighborhood Commercial to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and WHEREAS, in said April 27, 2001 application ( "CPA #4 -01 "), property owner Congdon Orchards, Inc., additionally requested that approximately 39 acres of property located north of West Washington Avenue and west of South 48 Avenue be reclassified from Medium Density Residential to Industrial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and WHEREAS, on July 10 and July 24, 2001, the Yakima Urban Area Regional Planning Comrnission held public hearings to receive public comment, and to review and consider said requested Comprehensive Plan Amendments; and WHEREAS, on August 14, 2001, the Yakima Urban Area Regional Planning Comrnission issued "Findings & Recommendations" in which the Commission recommended approval of said requested 2001 Comprehensive Plan Amendments; and WHEREAS, on October 2, 2001, a public hearing regarding said requested Comprehensive Plan Amendments was held before a joint meeting of the City Council and Yakima County Commissioners, and the Yakima City Council directed City staff to prepare appropriate legislation to approve said requested Comprehensive Plan Amendments; and WHEREAS, on October 16, 2001, the City Council passed Ordinance No. 2001 -56 which formally approved said requested Comprehensive Plan Amendments and amended the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (a copy of said Future Land Use Map as amended by said ordinance is attached as Exhibit A); and WHEREAS, following a public hearing on November 20, 2001 and pursuant to Yakima Resolution No. 2001 -155, on November 20, 2001, Congdon Orchards, Inc., and the City of Yakima executed a Development Agreement which stated that Congdon Orchards, Inc., "shall have the vested right ... to develop the Congdon Property pursuant to" the applicable law (as defined in § I(B) of the Agreement) "in force and effect" on the effective date cf the Development Agreement; and 2 WHEREAS, on May 9, 2002, Neighbors For Responsible Development ( "NFRD ") filed a petition with the Eastern Washington Growth Management Hearings Board (the "Board ") challenging the validity of Ordinance No. 2001 -56 with regard to Congdon Orchard, Inc.'s Comprehensive Plan Amendments (CPA #4 -01); and WHEREAS, NFRD's petition before the Board did not challenge the validity of Ordinance No. 2001 -56 with regard to the other Comprehensive Plan Amendments (CPA #1 -01, CPA #2 -01, and CPA #3 -01); and WHEREAS, RCW 36.70A.302(1) authorizes the Board to make a determination that "part or all of a comprehensive plan or development regulations are invalid" under certain conditions; and WHEREAS, RCW 36.70A.302(2) provides that "[a] determination of invalidity . is prospective in effect and does not extinguish rights that vested under state or local law before receipt of the board's order by the city or county "; and WHEREAS, Article I, § 10 of the United States Constitution and Article I, § 23 of the Washington State Constitution prohibit the passage of any "ex post facto law, or law impairing the obligations of contracts "; and WHEREAS, on November 6, 2002, the Board conducted a hearing on the merits of NFRD's petition and challenge to the validity of Ordinance No. 2001-56 with regard to Congdon Orchard, Inc.'s Comprehensive Plan Amendments (CPA #4 -01); and WHEREAS, on December 5, 2002, the Board issued a Final Decision and Order in which Ordinance No. 2001 -56 was "invalidated with regard to that portion of the ordinance to the Congdon Orchards future land use designation," found that the City was out of compliance with the Washington State Growth Management Act, and ordered the City to "take action to comply with [the] Order within one hundred eighty (180) days "; and WHEREAS, on April 25, and May 9, 2003, the Board . held a hearing regarding the City's efforts to come into compliance with the Growth Management Act and the Board's Order, and the continued invalidity of Ordinance No. 2001 -56; and WHEREAS, on May 19, 2003, the Board issued an "Order on Continued Non - Compliance and Continued Invalidity" in which the Board found that the City continued to be out of compliance with the Growth Management Act and the Board's Order, and reaffirmed its "finding of invalidity of portions of Ordinance No. 2001 -56 "; and WHEREAS, on October 14 and November 12, 2004, the Board held a status conference regarding what the City was doing to come into compliance with the Board's previous orders and the Growth Management Act; and WHEREAS, on November 15, 2004, the Board issued a "Second Order on Compliance," in which the Board ordered the City of Yakima "to repeal Ordinance 2001 -56 as quickly as possible, while providing the appropriate public participation required by law" but "no later than 30 days from the date of [the] Order"; and WHEREAS, in the November 15 Order, the Board stated that "[a]fter the repeal of Ordinance 2001 -56, the Board will then be able to find the City of Yakima in compliance with the GMA "; and WHEREAS, on November 16, 2004, the Yakima City Council set a date of December 14, 2004, to conduct a public hearing regarding the repeal of Ordinance No. 2001 -56; and 3 • WHEREAS, the City published legal notice of the public hearing regarding repeal of Ordinance No. 2001 -56 in the Yakima Herald - Republic on November 23, 2004, and December 12, 2004; had a display ad published in the Yakima Herald - Republic on December 8, 2004; and also mailed copies of the hearing notice to persons residing within 500 feet of the area of Congdon Orchards, Inc.'s Comprehensive Plan Amendment (CPA #4- 01) and to various other interested persons; and WHEREAS, a public hearing was held before the Yakima City Council on December 14, 2004, in which public testimony and comment was taken regarding the repeal of Ordinance No. 2001 -56; and WHEREAS, the Yakima City Council determines it is in the best interest of the City to repeal Ordinance No. 2001 -56; and WHEREAS, Article VI, Section 2 of the Yakima City Charter prescribes that ordinances shall take effect beginning 30 days after the date of publication thereof; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Repeal of City of Yakima Ordinance No. 2001 -56. In accordance and compliance with the November 15, 2004, Order of the Eastern . Washington Growth Management Hearings Board in the case of Neighbors for Responsible Development v. City of Yakima, Case No. 02 -1 -0009, City of Yakima Ordinance No. 2001 -56 is hereby repealed. Section 2. Adoption and Incorporation of RPC Findings and Recommendations Regarding CPA #1 -01, CPA #2 -01, and CPA #3-01. Subject to the specific terms of this ordinance and except for CPA #4 -01, the Yakima City Council adopts and incorporates the August 14, 2001, Findings and Recommendations of the Yakima Urban Area Regional Planning Commission for CPA #1 -01, CPA #2 -01, and CPA #3 -01 (a copy of said Recommendations and Findings is attached as Exhibit B to this ordinance and incorporated herein by this reference). Section 3. Reaffirmation and Reenactment of CPA #1-01. Regarding CPA #1 -01 and the subject property located at 424 South 49`" Avenue (Parcel No. 181321 - 44482), 423 South 50 Avenue (Parcel No. 181321 - 44407), 424 South 50 Avenue (Parcel No. 181321 - 44408), and 5015 Tieton Drive (Parcel Nos. 181321 -44420 and 181321 - 44421) (the legal description of which is attached to this ordinance as Exhibit C and incorporated herein by this reference), the reclassification of said subject property from Medium Density Residential and light Industrial to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan is hereby recognized, reaffirmed and reenacted. Section 4. Reaffirmation and Reenactment of CPA #2 -01. Regarding CPA #2 -01 and the subject property located inclusively between 1416 South 18'" Street and 1514 South 18 Street (Parcel Nos. 191329 - 31453, 191329 - 31457, 191329 -31459 (just eastern half of parcel), 191329 -31562 (just eastern half of parcel), 191329 - 31477, 191329- 31478, 191329 - 31479, 191329 - 31480, 191329 - 31558, 191329 - 31560, 191329 - 31566, 191329 - 31569, 191329 -31571 and 191329 - 31572) (the legal description of which is attached to this ordinance as Exhibit D and incorporated herein by this reference), the reclassification of said subject property from Medium Density Residential to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan is hereby recognized, reaffirmed and reenacted. 4 Section 5. Reaffirmation and Reenactment of CPA #3-01. Regarding CPA #3 -01 and the subject property located at 904 Central Avenue (Parcel No. 191330 - 14460), 906 Central Avenue (Parcel No. 191330 - 14459), 1302 South Fair Avenue (Parcel No. 191330- 14450), 1304 South Fair Avenue (Parcel No. 191330 - 14451), and 1306 South Fair Avenue (Parcel No. 191330 - 14452) (the legal description of which is attached to this ordinance as Exhibit E and incorporated herein by this reference), the reclassification of said subject property from Medium Density Residential to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan is hereby recognized, reaffirmed and reenacted. Section 6. Amendment of Official Future Land Use Map. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan is hereby amended and /or modified to reflect the repeal of City of Yakima Ordinance No. 2001 -56 regarding CPA #4 -01 and the subject property thereof. The official Future Land Use Map shall continue to reflect the reclassification of the subject property of CPA #1 -01 from Medium Density Residential and Light Industrial to Neighborhood Commercial; the reclassification of the subject property of CPA #2 -01 from Medium Density Residential to Arterial Commercial; and the reclassification of the subject property of CPA #3 -01 from Medium Density Residential to Arterial Commercial. A copy of the official Future Land Use Map as amended is attached hereto as Exhibit F and incorporated herein by this reference. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. Filing of Ordinance with Yakima County Auditor. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 9. Effective Date of Ordinance. 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. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 14 day of December, 2004. Paul P. George, Mayor ATTEST: aha City Clerk Publication Date: 12 - 17 - 2004 Effective Date: 1 - 16 - 2005 5 EXHIBIT A [Future Land Use Map as published with Ord. No. 2001 -56] ■i ii p.. _�� 1 ■ ■�1 irriorwriol7104-,-A-i--_-- !: ; � .i- - ■ � ' . - - -�: Yakima Urban Area - a d � ' � I ■ N... \ , . - RQ p 't I ; .` • - • .■ � . k '1 ., r ' ` ar — -' ^.. a. � � : -; ; � :■;�r�•_, —� .. � . i. n _,� : • �'L �� r ■■ �� Comprehenswe Plan ■ � I= i ,� r : /= ■!1 i 1 , / .l .L ■ ■ ... �l .� ■ � - tee'! � �- = , � - g al 1 ■ ■© rrJ7P.' ■I■H ='! .■ 1 �, r ` � I ■. .�pr �,,� ". Via: ■■ �:: — •.. I,.. � s ,ut �6 ;1 afire. - . : � . Il ll t �� ■ ■ Future Land Use ■ Ei __ 'j 1 i.i� e � i • •• 41 r ' s �1,■,.� ■� ■ ■■ ■11 u dlgiiEne _ _i 1. c, . _ . � F �■ ■ ■■i■�■ ■■ MAP III-3 Logi ?l_#� i , :, ■ n +. �1 ''' 11i11M i 1■1 niN /i 0/16/ iii 1 001 ,'� \ q i FUTURE LAND USE i II' - - ;� -wile r. .m>tml■n ��1 I�III; t J �� M�.m � ...: _ r r; - - \ , \ _ .� f , • Low Density Residential 11.1 �- L 2 :-: P Medium Dens Residential • 1 - .1 ,- .. - i! air IN '� --- _ - %.+ ' High Density Residential 1 •� ; -� ` — -- Professional Office ■ I ` � � j '� - ` _ �F ���� t r, > l.... _ N Neighborhood Commercial 7 1 1 .. � �: R r _ '- = - i � � ' •� ; o1 k ` eigh erci - ki ■j■ - _ - � [/�'�. 3 �1Ind 4 ' i f . - - I __ - y ; F� Ala � '� � � a - __ _ - \ -, � � S fi Z �I``w � � , t - J _ ,� jj �i°.. _ i \r\ _ Large Convenience Center ng 'ill � `� � I . 11 _ r ••�� �■ `c if} 'F " � a tr • 'a" \' , •� t) 'E ' • \ 4 � \ . 1 a■. r r l ■ - _ — ' K �" -'~ � ":- *L I . - -' -" _ _ s s � - Y , � + Arterial Commercial _S I r'j ,- 1 : . ■ --c - - .. _ ' ••ra ! . , =oT- t - t - ._ - _ l . ; \�^�y= __,.:_ , n �. 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I f ut u r e l u Created: October 11, 2001 EXHIBIT B FINDINGS & RECOMMENDATIONS For the Year 2001 YAKIMA URBAN AREA COMPREHENSPJE PLAN AMENDMENTS By the YAKIMA URBAN AREA PLANNING COMMISSION AUGUST 14, 2001 Yakima .Urban Area Regional Planning Commission Findings and attached recommendations regarding proposed citizen request for amendments to the Yakima Urban Area Comprehensive Plan Future Land Use Map, The Washington State Growth Management Act requires cities and counties to adopt land use regulations that are consistent with and implement their comprehensive plan. The City of Yakima began accepting applications from citizens for the year 2001 amendments to the Yakima Urban Area Comprehensive Plan on April 2, 2001. The last day to accept applications was on April 30, 2001. A total of five (5) amendment request to the Future Land Use Map were submitted from citizens. On May 21, 2001 the Yakima Urban Area Planning Commission began meeting to review, discuss, and receive citizen input on issues relating to the amendments submitted. A total of two (2) public hearings were conducted to receive public comments on the proposed amendments. On July 24, 2001 the Regional Planning Commission concluded their public hearings and request for written comments on the year 2001 amendments to the Yakima Urban Area Comprehensive. RPC Findings 1 2001 Comp Plan Amendments • Findings The Planning Commission has considered all written and verbal public testimony received during this process. The citizen participation process has provided numerous public hearings and opportunities for written comments. These Findings reflect changes made to the maps and regulatory text amendments as a result of citizen comments. The following findings address proposed changes to the Yakima Urban Area Future Land Use Map: The :Planning Commission recognizes the Future Land Use Map as a policy document with a planning horizon of 20 years, and will not in every case be 100% consistent with the Yakima Urban Area Zoning Map. Recommended amendments to the Future Land Use Map will not result in the simultaneous zone change to the Yakima Urban Area Zoning Map in order to be consistent with the Future Land Use Map. The change to the zoning map will be conducted through the quasi-judicial rezone process provided for in Chapter 15.23 of the Yakima Urban Area Zoning Ordinance. The Commission has conducted a careful review of each citizen's request for a comprehensive plan amendment, and recommends approval of four (4) and denial of one (1) of these requests. The Commission has reviewed citizen requests for the comprehensive plan amendments, and recommends the following: Future Land Use Map III -3 Amendment Request Applicant: Steve Sutliff File No: UAZO CPA #1 -01 Location: 424 South 49 Avenue, 423 & 424 South 50 Avenue and 5015 Tieton Drive. Parcel #s: 181321 11182, 44407, 44408,44420 & 44421 Request: Reclassify 3 parcels from Medium Density Residential to Neighborhood Commercial and reclassify 2 parcels from Industrial to Neighborhood Commercial. RPC recommendation: Voted to approve the request as submitted. RPC Findings 2 " 2001 Comp Plan Amendments Future Land Use Map III -3 Amendment Request continued: Applicant: Paul John Koverman File No:: UAZO CPA#2 -01 Location: West side of South 18 Street between East Nob Hill Boulevard and East Viola Avenue Parcel #s: 191329 - 31558, 31453, 31560, 31457, 31459, 31476, 31477, 31478, 31479, 31480, 31570, 31566 & 31569 Request: Reclassify 13 parcels from Medium Density Residential to Arterial Commercial RPC recommendation: Voted to approve the request with the exception that only . the east half of parcel 191324 -31459 (the east half fronting on South 18 Street) be reclassified to Arterial Commercial, leaving the westerly portion of the parcel remaining Medium Density Residential. Applicant: Terry P. Morton File No:: UAZO CPA #3-01 Location: Southwest comer of Fair and Central Avenues Parcel #s: 191330 - 14459,14450, 14451 & 14460 Request: Reclassify 4 parcels from Medium Density Residential to Arterial Commercial. RPC recommendation: Voted to approve the request as submitted. Applicant: - Terry C. Schmalz of Halverson & Applegate P. S. on behalf of Congdon Orchards, Inc. File No: UAZO CPA#4-0l Location: 1106 & 1117 South 64 Avenue Parcel #s: 1 81328 - 13421,181328- 23400, 181328-31400, 181328 - 33001, 181328 - 42400, 181329 - 13405,181329- 41400, 181329 - 44001, 181332- 11001, 181333 - 11001, 181333 - 12001, and 181333 - 23001. Request: Reclassify 12 parcels from various commercial, residential and industrial designations. RPC recommendation: Voted to approve the request as submitted. RPC Findings 3 2001 Comp Plan Amendments Applicant: Trent Marquis for T. M. Rentals File No: UAZO CPA #5 -01 Location: 3804, 3911 & 3912 West Logan Avenue Parcel #s: 181327- 43494, 43493, 43417, 43418 & 43492 Request: Reclassify 4 parcels from Low Density Residential to Arterial Commercial and 1 parcel from Industrial to Arterial Commercial. RPC recommendation: Voted to deny the request as submitted. The Planning Commission considered the request of the applicant to have the 4 parcels reclassified to Professional Office after the public hearing, but decided not modify the request at this time. With these findings, the Yakima Urban'Area Regional Planning Commission hereby forwards the attached recommendations for the Yakima Urban Area Comprehensive Plan and Zoning Ordinance, and City Ordinances as stated above to the Yakima Urban Area Joint Board and legislative bodies of the City of Yakima and Yakima County. \ 1 Eb E August 14.2001 Deb Patterson, Chair Date Yakima Urban Area Planning Commission RPC Findings 4 2001 Comp Plan Amendments • EXHIBIT C CPA #1 -01 Applicant: Steve Sutliff LEGAL DESCRIPTION Lots 9, 10, 24 and 25 of Arleta Plat as recorded in Volume "0" of Plats, Page 44, records of Yakima County, Washington. EXCEPT the south 10 feet of Lot 25 for road. AND Lot 11 and the south 11 feet of Lot 12 of West Hill Court as recorded in Volume "H" of Plats, Page 46 records of Yakima County, Washington. EXHIBIT D CPA #2 -01 Applicant: Paul Koverman LEGAL DESCRIPTION Lot; 1 through 10 of Block 1, Fairview Addition No. 2 as recorded in Volume 1" of Plats, Page 44, records of Yakima County, Washington. AND Lot 2 of Short Plat recorded under Yakima County Auditor's File No. 7021958. AND The east half of Lots 7 and 8, and the east 147.5 feet of Lot 9 together with the north 9 feet of the east 147.5 feet of Lot 10, and the east half of Lot 10 except for the north 9 feet thereof all in Block 3, Boggess Home Sites as recorded in Volume "H" of Plats, Page 41 records of Yakima County, Washington. EXHIBIT E CPA #3 -01 Applicant: Terry Morton LEGAL DESCRIPTION The north 157.73 feet of the east 232 feet and the north 127.73 feet of the west 55.5 feet of the east 287.5 feet of Lot 12, Central Park Addition as recorded in Volume "A" of Plats, Page 46 records of Yakima County, Washington. • EXHIBIT F [Future Land Use Map (current, as amended)] • • • ■ M I .i11 k :p:■_ - , � i ce?agit a �! - w - - =-'' ■ ��� =■ Yakima Urban Area • __ ■ �,■�i�n7�1 ■ ■In ■�• 111�i �m ■■■■Comnnrehenslve Plan tir NI � ■■ r!� - �.. I '� ■'.•. . ( I ■. ■..ar• ��r�., ■ ■'���.� ".. = - .: M ■��.� 1r 1 � I E a= - ..LI ` .. " � 1 ■■■ ■ ■ � ■■ -,� 1• - E ■a ■ ■ ■ ■ ■ ■ ■ ■■ Future Land Use _ ■i ?, ! .1111 1 ,� , . ■ ■■ ■■ NI. ®�� i � ����� � �- IBC_ o ■ � ����� � ��� ■.. ■■■ 1 �� `'P'° - FUTURE LAND USE � � r 1111. -�, ■ �_ oiif♦ �_' i� _ _ �' ,� _ : �",b , ■ii Low Density Residential 1 � __ _ - �= � . teal II ' r 1 ��� ' Medium Dens ty Residen _ r. 1 IN II � � .� ':� � y" High Density Residential , till Mil � ,Y - C _ , ` z w� -�' y — .. �\ i 1 ! ; , � o essional ice �,,� j ' P r f Off • T Nei hborhood Commercial '...; !NW§ � 1 In 'LL �i ; . `. .__•.:r - -. _ i r e . _ = \ ' � l l _ I I �� '`��., `4tn - Lar e Convenience Center 1111 .�. 11 _ ■■ a ■,,." 1 ■ 'l.>, /�� ' � � r ° S 1�! _ g, � E - W ! .; � . _ i E -3 := Arterial Commercial ■110 it ■fit T I O _e P s 7 �- . - . , ,_ \ s ri I sm: I \ I� i y ,■ " '�' � ' • : . .:.". = _::....n. ••�:: �1 ' °�, < _. ` J.I�� ` CBD Core Commercial � � - e .. i • Y wn x N - I , - `s., .. — ? i t •• . , r a 5 '- . .."1 l u. ini n - i � � ■ I II y , • ■ t - ' _. 4 _ _ v ve , T l ` _ , -live no .a.. J ` . • 13.•16 C. . fin Z11.: ,. jl i+ 7 - Ir - _ .. 1 lac l • 11`t 1 - .. 1' �_ � ii'n" ■e ,�� min �' � ' \ � 1 � _ n t r �� r - ----.- � - :_li I ? F • .- B Al. �( ^ '.? .. --_° ., UStrla • r �� � ., �` lif r �; RC. ` `.. ■, I I 1 - _ - e °I Y 4.yt., ;,.,•� �, � Ind 1 1 d . _r s -1 = ■ (�, i =w.� w. : �� a �,- "I I, — Urban Reserve _: I , -- 1 � ¢'- l I,%l4 -- II -I�• it II YII r . 11 y�' 1 • gt C ".I L I n �� .` ,�'I� `1 t > �- _ S I 1 1 III i ' �- i i : _ 1111_ 1 gy- : ... C - ' _ -� � Cis '�� 1 n Al . L _ i 11 : � ®® ull I Imi , _ - n 1 ' .....- _ - - i- .,__ - .t 4. 111 .� 3 . -�S E� - ' I •_ �+ . �i �, II n1 ■If11 1 11111111 1 + Wll � ■ . \ 5 ° i i j ` 1 1 C : R T P III ■ n I■ 3 . — Lak / R eservors _ ; _. ...� = - _ _ P �. t es i _ � 1 � `' i : ilk w. 1 11 Pir 1 x -1 _ «I ; ` 3 � , �� 1 - v�6� -._ _ Fo P Urban Area ur frAdi r . ' n �— - it �' I i iiiI Ali;"' = i ; I ' ;e t _ _ c 1111 e a�� t ttp - .. -.. - �= ' Fr i I A el °1 ... r ._ �--�� . _ `, ■ , ®® ,, 1 -.__. v GMA Urban Growth Boundary iirif f i ; Ala e 1 x E F y ArAzr i ',i .mac ' I , i I E I i♦ I(I Air _ k t ' ��Is G k„ __• S w- '''''' ;L,,, - - -1 _ .... '� _ - - e L _I `:■ Ilt ■! _44„, _e, �V r .�f/`n�!' _. f ix. 1 ` .iv .: . : i ► -- ,, '� =� _ j Vi= L� 1 1 _ _ = ' , = o f Y RI .11. 4/P. ..iv'Aordezr Jiirtihm..-.-7 ..==fr=t---,=,-- , ----,, Ardrar Ar V' L'Illallrifto MINN - — 11 Ai ..w ilVailr A' Ai AI .iill,' _4IF'' tiSr A, Attir-por ri..._M .',”-' • = r _ � �— I �I tl■ I' t � / .� 1, I , N '� � -t R • — X11 : � r „_ /r �/ , j t - ® ter' , `�'_ p _ ��m� ��■ I _ a�cp+e ce — t , ._ J . r i i I� l L, - __ _ _ "_ u i r uj� — .�- } _ !' , i 44 r- t o r . s "pa ( ( i \ —; _ �. 'i' � 11���I,.... 1. �U 14{ U�Fi➢i _ = - • -- _ ma� : S w ti eI = ,_ ■1 1111 11 =1 - ! r �� �■ � �i � — 1 _� j -�11 ■� � �.� � "iL1 F Y _ ■ l� '- _ i':1____ r' ` Scale I in = 3800fr � ■ 0 1900 3800 F. E l l 1nr ■■ r . I �� .mn _ i J it --,-1 �i gipti _ 2 Mir T r - Created: December 08, 2004 f u t u r e l u cl RE �E/v NOV - 6 2004 OFFICE OF CI TY COUNCIL 1 State of Washington 2 GROWTH MANAGEMENT HEARINGS BOARD FOR EASTERN WASHINGTON 3 4 NEIGHBORS FOR RESPONSIBLE Case No. 02 -1 -0009 DEVELOPMENT 5 SECOND ORDER ON COMPLIANCE Petitioner, 6 v. 7 CITY OF YAKIMA, 8 Respondent. 9 10 CONGDON ORCHARDS INC. 11 Interenors 12 13 I. PROCEDURAL BACKGROUND 14 • On. May 9, 2002, NEIGHBORS FOR RESPONSIBLE DEVELOPMENT, by and through 15 their attorney, James Carmody, filed a Petition for Review. 16 ,On May 15, 2002, Respondent City of Yakima filed a Motion to Dismiss Petition for 17 Review. 18 On June 7, 2002, the Board held a prehearing conference. The Board received a Stipulation and Agreed Order of Dismissal Regarding Respondent Yakima County. The Board 19 dismissed Yakima County as a party and issued its Prehearing Order. 20 On June 7, 2002, the Board also heard and considered argument on the City of 21 Yakima's Motion to Dismiss the Petition for Review as untimely filed. The Board issued its 22 Order Denying the City of Yakima's Motion to Dismiss Petition for Review on June 18, 2002. 23 On June 26, 2002, Respondent City of Yakima filed a Motion for Reconsideration of 24 Order Denying Motion to Dismiss Petition for Review. 25 • • 26 Eastern Washington Growth Management Hearings Board Second Order on Compliance 15 W. Yakima Avenue, Suite 102 Case 02 -1 -0009 Yakima, WA 98902 November 15, 2004 Phone: 509 - 574 -6960 Page 1 Fax: 509 - 574 -6964 1 On July 15, 2002, the Board issued its Order Denying Respondent City of Yakima's 2 - Mction for Reconsideration of Order Denying Motion to Dismiss Petition for Review. 3 On August 23, 2002, Congdon Orchards, Inc. filed a Motion to Intervene by and 4 through their attorney, Michael Shinn. 5 On September 11, 2002, the Board held a telephonic conference and considered the Motion to Intervene filed by Congdon Orchards. The Board issued its Order Allowing 6 Intervention on September 12, 2002. 7 On September 17, 2002, the City of Yakima and Congdon Orchards filed Motions to 8 Supplement the Record. 9 On October 14, 2002, the Board held a telephonic hearing on Motions to Supplement 10 the Record. On October 25, 2002, the Board issued its Order Regarding Supplementation of 11 Record. 12 On November 6, 2002, the Board held the Hearing on the Merits in Yakima. Present 13 were D.E. "Skip" Chilberg as Presiding Officer, and Board Members Judy Wall and Dennis A. 14 Dellwo. Present for Petitioner was James C. Carmody. Present for Respondent was Terrence 15 I. Danysh and Raymond L. Paolella. Intervenor Congdon Orchards, Inc. ( "Congdon ") was represented by Terry C. Schmalz. 16 On November 15, 2002, the Board issued a Memorandum Opinion. 17 On December 5, 2002, the Board issued a Final Decision and Order. 18 On April 3, 2003, Respondent, City of Yakima requested that a Compliance Hearing 19 be held in this matter. 20 On April 25, 2003, the Board held a compliance hearing. All parties were present and 21 represented by counsel. The Board continued the compliance hearing to May 9, 2003. 22 On May 9, 2003, the Board heard arguments regarding compliance and invalidity and 23 later received further briefing from the parties. 24 On May 19, 2003, the Board issued its Order on Compliance. 25 26 Eastern Washington Growth Management Hearings Board Second Order on Compliance 15 W. Yakima Avenue, Suite 102 Case 02 -1 -0009 November 15, 2004 - Yakima, WA 98902 Page 2 Phone: 509 - 574 -6960 Fax: 509-574-6964 1 On September 30, 2004, the Board sent a letter to the parties scheduling a 2 telephonic status conference in this matter. 3 On October 13, 2004, the Board received a letter from Petitioner's attorney regarding 4 compliance status. 5 On October 14, 2004, the Board held the telephonic status conference. Present were Dennis Dellwo as Presiding Officer, and Board Members Judy Wall and John Roskelley. 6 Present for Petitioner was James C. Carmody. Present for Respondent was Terrence I. 7 Danysh and Raymond L. Paolella. Intervenor Congdon Orchards, Inc. ( "Congdon ") was 8 represented by Mike Shinn. 9 On November 12, 2004, the Board held a second telephonic status conference. 10 Present were Dennis Dellwo as Presiding Officer, and Board Members Judy Wall and John 11 Roskelley. Present for Petitioner was James C. Carmody. Present for Respondent was 12 Terrence I. Danysh and Raymond L. Paolella. Intervenor Congdon Orchards, Inc. 13 ( "Congdon ") was represented by Mike Shinn. 14 II. DISCUSSION The Board scheduled this hearing one - month after the previous status conference. 15 This was done due to the board's grave concern with the City's delays, which prevented 16 them from coming into compliance with the GMA. 17 On December 5, 2002 a final Decision and Order was entered finding the City of 18 Yakima out of compliance. The actions taken by the City were also found to be invalid. The 19 City was given 180 days to bring them into compliance. The compliance period ended June 20 3, 2003. On April 25, 2003, the Board held a hearing and found the City remained in non - 21 compliance. The Board gave the City of Yakima two separate remedial courses of action: 1. 22 Repeal of Ordinance 2001 -56; or 2. Remedy the "fatally flawed" public participation process 23 by subjecting the comprehensive plan amendment to an appropriate public process. The 24 City informed the Board that it chose the second remedy. Twenty -five months have now passed without the City bringing itself into compliance. The City now asks for an additional 25 26 Eastern Washington Growth Management Hearings Board Second Order on Compliance 15 W. Yakima Avenue, Suite 102 Case 02 -1 -0009 Yakima, WA 98902 November 15, 2004 Phone: 509 - 574 -6960 Page 3 - Fax: 509 - 574 -6964 1 seven months to bring it into completion. This is unacceptable. 2 The Hearings Board finds it necessary to order the City of Yakima to repeal 3 Ordinance 2001 -56. After the repeal of Ordinance 2001 -56, the Board will then be able to 4 find the City of Yakima in compliance with the GMA. 5 The Board is aware of Wildlife Habitat and Justice Prevention v. City of Covington, CPSGMHB Case No. 00 -3 -0012 (November 6, 2002) which recognizes the Board's authority 6 to require such a repeal. The Board is further cognizant of a recent Washington State 7 Supreme Court case, Rural Residents v. Kitsap County, 141 Wn.2d 185, 192, 4 P.3d 115 8 (2000). The Supreme Court, in this Growth Management Case, found that a failure to take 9 corrective action during the compliance period renders the noncompliant, regulation 10 ineffective and void. While the Board believes this decision would apply here, it is 11 unnecessary to make this finding at this time. 12 III. ORDER 13 1 . The Respondent City of Yakima is to repeal Ordinance 2001 -56 as quickly as 14 possible, while providing the appropriate public participation required by law. 15 This shall take place no later than 30 days from the date of this Order. 2. The City will forward evidence of such repeal to the Board and the parties 16 herein. The Board will shortly thereafter hold a Compliance hearing. 17 SO ORDERED this 15 day of November 2004.. 18 EASTERN WASHINGTON GROWTH MANAGEMENT 19 RIGS BOARD 20 := 21 Dr nis iellwo, Boar ember 22 / Ju s 0/a g d . � - 23 14'1- p'�i' o 24 h Roskelley, Board Member 25 26 Eastem Washington Growth Management Hearings Board Set:ond Order on Compliance 15 W. Yakima Avenue, Suite 102 Care 02 -1 -0009 Yakima, WA 98902 November 15, 2004 Phone: 509 - 574 -6960 Page 4 Fax: 509 - 574 -6964 . 1 STATE OF WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD 2 FOR EASTERN WASHINGTON 3 NEIGHBORS FOR RESPONSIBLE Case No.: 02 -1 -0009 DEVELOPMENT 4 CERTIFICATE OF SERVICE Petitioner, 5 v. 6 CITY OF YAKIMA, 7 Respondent. 8 9 I am a citizen of the United States of America; I am over the age of 18 years and not 10 a party to the within entitled action; am an employee of this board and my business 11 address is 15 West Yakima Avenue, Suite 102, Yakima, Washington 98902. 12 On this date, I mailed a true copy of SECOND ORDER ON COMPLIANCE, in the above 13 entitled matter, to each of the persons listed below by placing a true copy thereof in a 14 sealed envelope with postage thereon fully prepaid, in the United States mail at Yakima, 15 Washington as addressed herein: 16 . 17 Neighbors for Responsible Development Ray Paolella 5609 Arlington City Attorney 18 Yakima, WA 98908 200 S. 3 Street Yakima, WA 98901 19 James C. Carmody 20 Velikanje, Moore & Shore P.S. Terry Danysh P.O. Box 22550 Dorsey & Whitney 21 Yakima, WA 98907 1420 5 Ave., Suite 3400 Seattle, WA 98101 22 Paul George, Mayor 23 City of Yakima Michael Shinn 129 N. 2N Street Halverson Applegate P.S. 24 Yakima, WA 98901 P.O. Box 22730 25 Yakima, WA 98907 26 Eastern Washington Growth Management Hearings Board Certificate of Service . 15 W. Yakima Avenue, Suite 102 Case 02 -1 -0009 Yakima, WA 98902 November 15, 2002 Phone: 509 - 574 -6960 Page 1 Fax: 509 - 574 -6964 • 1 2 I certify under penalty of perjury, that the foregoing is true and correct. 3 DATED this 15 day of November 2004, at Yakima, Washington. 4 /Th, ( z eizi t z . z . et , • 5 6 Angie Andreas 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 • 25 26 Eastern Washington Growth Management Hearings Board Certificate of Service 15 W. Yakima Avenue, Suite 102 Case 02 -1 -0009 Yakima, WA 98902 November 15, 2002 Page 2 Phone: 509 - 574 -6960 Fax: 509-574-6964 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. o: 4 For Meeting of 12/14/2004 ITEM TITLE: Public hearing to consider ordinance repealing Yakima Ordinance No. 2001 -56 and Congdon, Inc.'s 2001 Comprehensive Plan Amendments (CPA #4 -01), and reenacting the 2001 Sutliff (CPA #1 -01), Morton (CPA #2 -01) and Koverman (CPA #3 -01) Comprehensive Plan Amendments SUBMITTED BY: Dick Zais, City Manager Bill Cook, Community & Economic Development Director Ray Paolella, City Attorney Paul McMurray, Assistant City Attorney CONTACT PERSON/TELEPHONE: Ray Paolella/Paul McMurray (575 -6030) and Terry Danysh (206- 903 -8847) [continued on page 21 Resolution Ordinance X Contract Other (Misc. Information) Funding Source APPROVED FOR SUBMITTAL i Manager tY g STAFF RECOMMENDATION: Pass Ordinance repealing Yakima Ordinance No. 2001 -56 and Congdon, Inc.'s 2001 Comprehensive Plan Amendments (CPA #4-01) and reenacting the other 2001 Comprehensive Plan Amendments (Sutliff (CPA #1 -01), Morton (CPA #2 -01) and Koverman (CPA #3 -01)). BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Continuation of Agenda Statement re Ordinance repealing Ordinance No. 2001 -56 Page 2 of 2 • SUMMARY EXPLANATION: On October 16, 2001, the Yakima City Council passed Ordinance No. 2001 -56 which enacted four Comprehensive Plan Amendments (Congdon,. Inc. (CPA #4 -01), Sutliff (CPA #1 -01), Morton (CPA #2 -01) and Koverman (CPA #3 -01)) to the 1997 Comprehensive Plan. Subsequently, on May 9, 2002, Neighbors for Responsible Development ( "NFRD ") filed a petition with the Eastern Washington Growth Management Hearings Board (the "Board ") challenging the validity of Ordinance No. 2001 -56 with regard to Congdon Orchards, Inc.'s Comprehensive Plan Amendments. • On November 6, 2002, the Board conducted a hearing on the merits of NFRD's petition and challenge. On December 5, 2002, the Board issued a Final Decision and Order in which Ordinance No. 2001 -56 was "invalidated with regard to that portion of the ordinance to the Congdon Orchards future land use designation amendment," the City was found to be out of compliance with the Washington State Growth Management Act ( "GMA "), and the City was ordered to "take action to comply with [the] Order within one hundred eighty (180) days." Following further hearings on April 25 and May 9, 2003, the Board issued another order in which the Board found the City continued to be out of compliance with the GMA and reaffirmed that portions of Ordinance No. 2001 -56 were invalid. On October 14 and November 12, 2004, the Board held a status conference regarding what'' the City was doing to come into compliance with the GMA and the Board's previous orders. On November 15, 2004, the Board issued its "Second Order on Compliance" in which the Board ordered the City "to repeal Ordinance [No.] 2001 -56 as quickly as possible, while providing the appropriate public participation required by law" but "no later than 30 days from the date of [the] Order." In the November 15 Order, the Board also stated that "[a]fter the repeal of Ordinance [No.] 2001 -56, the Board will then be able to find the City of Yakima in compliance with the GMA." On November 16, 2004, the Yakima City Council set a date of December 14, 2004, to conduct a public hearing regarding the repeal of Ordinance No. 2001 -56. Attached is an ordinance that would repeal Yakima Ordinance No. 2001 -56 in accordance with the Board's Order of November 15, 2004. The attached ordinance also reaffirms and reenacts the 2001 Sutliff (CPA #1 -01), Morton (CPA #2 -01) and Koverman (CPA #3 -01) Comprehensive Plan Amendments which were enacted as a part of Ordinance No. 2001 -56, and which not challenged before nor invalidated by the Board. • • YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING Re: Repeal Of Ordinance No. 2001 -56 NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing to consider the repeal of Ordnance No. 2001 -56, which was passed on October 16, 2001. This repeal is being considered due to an order issued by the Eastern Washington Growth Management Hearings Board concerning a case involving Neighbors for Responsible Development and Congdon Orchards. The Ordinance title reads as follows: ORDINANCE NO. 2001 AN ORDINANCE concerning land use comprehensive planning, and amending the Yakima Urban Area Comprehensive Plan Future Land Use Map. PUBLIC HEARING DATE AND LOCATION: The public hearing will be held at 2:00 p.m., Tuesday, December 14, 2004, or as soon thereafter as the matter may be heard, in the Council Chambers at Yakima City Hall, 129 N 2° Street, Yakima, Washington. PROPOSED AMENDMENT REQUEST AND PROPERTIES CONCERNED: The 1997 Yakima Urban Area Comprehensive Plan contains Future Land Use Designations for approximately 800 acres of property owned by Congdon Orchards. In 2001 Congdon Orchards submitted a Comprehensive Plan Amendment application (CPA#4 -01) requesting to reclassify the land use designations for approximately 105 acres of their property. The subject property is comprised of three separate areas. The original request and a description of these areas is described below. Area No. 1: Approximately 30 acres of property located north of Nob Hill Blvd., south of Midvale /Arlington between S. 64 and S. 69 Avenues. Reclassify from High Density Residential to Arterial Commercial. Area No. 2: Approximately 25 acres of property located south of Nob Hill Blvd. generally between S. 64t & S. 67 Avenues. Reclassify from Neighborhood Commercial to Arterial Commercial. Area No. 3: Approximately 50 acres of property located north of W. Washington Ave. and west of S. 48 Ave. Reclassify from Medium Density Residential to Industrial. LIMIT OF ACTION: Ordinance No. 2001 -56 concerned five applications for amendments to the Yakima Urban Area Comprehensive Plan. This hearing will be considering the repeal of the Future Land Use Map Amendment requested by Congdon Orchards, Inc., (CPA#4 -01). Section 2 of this ordinance provides that a repeal of CPA#4 -01 shall not affect the validity of the remaining portions of this ordinance, or other provisions of the Yakima Urban Area Comprehensive Plan established by this ordinance. REQUEST FOR COMMENTS: Your views on this matter are welcome. All comments pertaining to the consideration of the repeal of this Ordinance will be considered by the Yakima City Council during this public hearing. Your comments may be given during the public hearing, and/or by providing written comments to the Yakima City Council, 129 North 2nd Street, Yakima, Washington, 98901; or, e-mail your comments to: ccouncil.ci.yakima.wa.us. Please include in your e -mail your name and address, and subject: line, "Repeal Ordinance No. 2001 -56." Information pertaining to the repeal of Ordinance No. 2001 -56 is available from the City Clerk's Office; 129 North 2nd Street, Yakima, Washington 98901; (509) 575 -6037 Dated this 19 day of November, 2004. KAREN S. ROBERTS City Clerk Please publish once on Tuesday, November 23, 2004 and again on Sunday, December 5, 2004 Charge Account No. 10952 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Christine M. Wilson as an employee of the Yakima City Planning Division, have transmitted to: Karen Roberts, Yakima City Clerk by hand delivery the following documents. 1. Notice Letter, Map and Mailing labels for 500 -foot radius adjoining property owners, parties of record interested parties, and public and private agencies. *f- 2. I also e- mailed the notice letter to Karen Roberts, City Clerk for her use in creating the legal,,notice, display ad, press release, and City Hall, website and YPAC posting notices. These documents relate to the repeal of Ordinance 2001 -56 concerning the Congdon Orchards Comp Plan Amendment CPA #4 -01. They will be used by the City Clerk for notification of the public' hearing to be held by the City Council on 12- 14 -04: Signed this X9 day of / LJ d 1r , 2004 6 4 4 .6'21+1) Christine M. Wilson Received B Y : -v,- Date: �!! ** Mailed to 1242 property owners, parties of record, intersted parties, and 'public and private agencies YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING December 14, 2004 REPEAL OF ORDINANCE NO. 2001 -56 NOTICE IS HEREBY GIVEN. that the Yakima City Council will conduct a public hearing to consider the repeal of Ordinance No. 2001 -56, which was passed on October 16, 2001. This repeal is being considered due to an order issued by the Eastern Washington Growth Management Hearings Board concerning a case involving Neighbors for Responsible Development and Congdon Orchards. The Ordinance tide reads as follows: ORDINANCE NO. 2001 AN ORDINANCE concerning land use comprehensive planning, and amending the Yakima Urban. Area Comprehensive Plan Future Land Use Map. PROPOSED AMENDMENT REQUEST AND PROPERTIES CONCERNED: The 1997 Yakima Urban Area Comprehensive Plan contains Future Land Use Designations for appro :cimately 800 acres of property owned by Congdon Orchards. In 2001 Congdon Orchards submitted a Comprehensive Plan Amendment application (CPA#4 -01) requesting to reclassify the land use designations for approximately 105 acres of their property. The subject property is comprised of three separate areas. The original request and a description of these areas is described below and shown on the attached map. Area No. 1: Approximately 30 acres of property located north of Nob Hill Blvd., south of Midvale /Arlington between S. 64 and S. 69 Avenues. Reclassify from High Density Residential to Arterial Commercial. Area No. 2: Approximately 25 acres of property located south of Nob Hill Blvd. generally between S. 64 & S. 67 Avenues. Reclassify from Neighborhood Commercial to Arterial Commercial. Area No. 3: Approximately 50 acres of property located north of W. Washington Ave. and west of S. 48 Ave. Reclassify from Medium Density Residential to Industrial. • LIMIT OF ACTION: Ordinance No. 2001 -56 concerned five applications for amendments to the Yakima Urban Area Comprehensive Plan. This hearing will be considering the repeal of the Future Land Use Map Amendment requested by Congdon Orchards, Inc., (CPA #4 -01). Section 2 of this ordinance provides that a repeal of CPA#4 -01 shall not affect the validity of the remaining portions of this ordinance, or other provisions of the Yakima Urban Area Comprehensive Plan established by this ordinance. NOTICE OF PUBLIC HEARING: The public hearing will be held at 2:00 p.m., Tuesday, December 14, 2004, or as soon thereafter as the matter' may be heard, in the Council Chambers at Yakima City Hall, 129 N r Street, Yakima, Washington. SCOPE OF NOTICE: Your receipt of this notice indicates that you either own property within 500 feet of the Congdon Orchards property, or are listed by the City as a party of record or reviewing agency. REQUEST FOR COMMENTS: Your views on this matter are welcome. All comments pertaining to the consideration of the repeal of this Ordinance will be considered by the Yakima City Council during this public hearing. Your comments imay be given during the public hearing, by providing written comments to the Yakima City Council, 129 North 2nd Street, Yakima, Washington, 98901; or, e- mail your comments to: ccouncil.ci.yaktima.wa.us. Please include in your e-mail subject line, Repeal Ordinance No. 2001 -56. Information pertaining to the :repeal of Ordinance No. 2001 -56 is available from the City Clerk's Office; 129 North 2nd Street, Yakima, Washington 98901; (509) 575 -6037 Enclosure: Vicinity map of the three subject properties Date of Mailing: November 23, 2004 i " " 'In 111 "' 11`.iiiill . 111111 1 11N : IL II ! ! II ' I ' I ' 1 � 1 � + � I 1 � I„ In •• 11 I n it► I I I I 1111'1I,',�;a•I►I I ►11 I � I 111 1 1 ! 1 1 I � I I I' I I I I j I I I y I III ! I II ! I I l i Congdon Comp. ! , 4 I 1 , ;; I I Iil 1111 I I I1� I 1 ! ;i 1 1 i 1 11 !. 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I O 750 1500 conpdoncompplanreacInd Created: November 19, 2004 Publish once on Friday, December 8, 2004 as display ad under Home Front YAKIMA CITY COUNCIL 'V NOTICE OF PUBLIC HEARING Repeal Ordinance No. 2001 -56 re: 2001 Comp Plan Amendments A public hearing to consider the repeal of Ordinance No. 2001 -56 conceming the 2001 land use comprehensive plan amendments will be held on Tuesday, December 14, 2004 at 2:00 p.m. in the Council Chambers at Yakima City Hall. Please contact the City Clerk's Office at 575 -6037 for additional information. Publish once on Sunday, December 12, 2004 as display ad under Home Front Charge Account 10952 rA q YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARINGS The Yakima City Council will conduct three public hearings on Tuesday, December 14, 2004 at 2:00 p.m. in the , Council Chambers at Yakima City Hall: 1) Amend the 6 -Year Transportation Improvement Program for 2005 -2010 2) Right -of -Way Vacation for portion of W. Quince Street, west of N. 5 r and east of N. 6 Avenues 3) Repeal of Ordinance 2001 -56 relating to Congdon Orchards Please contact the City Clerk's Office at 575 -6037 for additional information.