HomeMy WebLinkAbout04/21/2009 21 Terry Morton Rezone Property at 9004 East Central Avenue BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *1J
For Meeting of: April 21, 2009
Item Title: Ordinance implementing the rezone request by Terry Morton from R -2 to GC for
property located at 904 East Central Avenue, Yakima, as approved by City Council on April 7,
2009.
Submitted B : iam Cook, Director of Community & Economic Development
Contact Person/Telephone: Kevin Futrell, Assistant Planner, 509 - 575 -6164
Summary Explanation: On April 7, 2009, the City Council conducted a "Closed Record" public
hearing to consider the Hearing Examiner's recommendation to approve a rezone request by
Terry Morton to rezone a parcel of land, approximately 0.16 acres in size, from Two - Family
Residential (R -2) to General Commercial (GC) for property located at 904 East Central Avenue,
Yakima. City Council voted to uphold the Hearing Examiner's recommendation and approved
the rezone request. .
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This is a non - project rezone and no development plans have been submitted for the subject
property.
Resolution Ordinance X Contract Other (Specify)
Funding Source
Approval for Submittal: ___ZgWf/e(---
City Manager
Staff Recommendation: Adopt ordinance.
Board Recommendation: On February 5, 2009, the Yakima Hearing Examiner recommended
approval of the rezone application.
Council Action:
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ORDINANCE NO. 2009 -
AN ORDINANCE relating to land use regulation and zoning; rezoning one parcel of property
located at 904 E. Central Avenue, Yakima, Washington from Two - Family
Residential (R -2) to General Commercial (GC) as more fully described
herein; and approving the recommendation of the Hearing Examiner
regarding the same; Terry Morton being identified as the applicant herein.
WHEREAS, by application dated December 1, 2008, Terry Morton requested that the
City of Yakima rezone Yakima County Assessor's Parcel No. 191330 - 14460, located at 904 E.
Central Avenue, Yakima, Washington (hereinafter "Subject Property "), from Two - Family
Residential (R -2) to General Commercial (GC); and
WHEREAS, on January 22, 2009, the Hearing Examiner for the City of Yakima
conducted an open- record public hearing regarding the requested rezone; and
WHEREAS, on February 5, 2009, the Hearing Examiner "issued Hearing Examiner's
Recommendation (the "Recommendation ") regarding RZ #7 -08 recommending that the Subject
Property be rezoned from Two - Family Residential (R -2) to General Commercial (GC); and
WHEREAS, at a closed- record public hearing held on April 7, 2009, the City Council
considered the requested rezone, including the documents and other evidence which comprise
lb the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation,
and the statements and comments of interested persons; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of Yakima Municipal Code ( "YMC ") § 15.23.030(E)
and § 15.15.040(5) are correct and appropriate, and that the same should be adopted by the .
City Council as its findings herein; and
WHEREAS, the City Council "finds that it is in the best interest of the City to enact the
following to approve the requested rezone,
Now Therefore Be It Ordained By The City Of Yakima, City Council:
Section 1. The property located at 904 E. Central Avenue, Yakima, Washington
(Yakima County Assessor's Parcel No. 191330 - 14460), legally described in Exhibit "A ",
attached hereto and incorporated herein by this reference, is hereby rezoned from from Two -
Family Residential (R -2) to General Commercial (GC).
Section 2. The findings within the Recommendation (RZ #7 -08) regarding this
rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC
§ 15.23.030(F), and are incorporated herein by this reference as if fully set forth herein.
Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land
use, and other similar maps maintained by the City of Yakima shall be amended or modified to
reflect this rezone.
® Section 4. If any section, subsection, paragraph, sentence, clause, or phrase of this
o rdinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
Section 5. The City Clerk is hereby authorized and directed to file a certified copy of
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this ordinance with the Yakima County Auditor.
Section 6. 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
21st day of April, 2009.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
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EXHIBIT "A"
LEGAL DESCRIPTION:
THE EAST 55.5 FEET OF THE WEST 68 FEET OF THE NORTH 127.73 FEET OF LOT 21 OF
CENTRAL PARK ADDITION AS RECORDED IN BOOK A OF PLATS, PAGE 46, RECORDS
OF YAKIMA COUNTY, WASHINGTON.
PARCEL NUMBER 191330 -14460
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