HomeMy WebLinkAbout03/18/2008 06 2007 Comprehensive Plan Amendments and Rezone Requests - Public Hearing • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of March 18, 2008
ITEM TITLE: Joint Public Hearing on the 2007 Comprehensive Plan Amendments and
Rezone Requests
SUBMITTED BY: William R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner (576 -6315)
SUMMARY EXPLANATION:
Ten applications were received from private property owners requesting amendments to the
Urban Area Comprehensive Plan and the rezoning of their property. All 2007 applications
concern properties located within the City of Yakima.
As required, you have been provided with a binder that contains the complete record of the
review and comments for each of the ten applications. Each tab contains the history of one
request. Each tab includes a map of the property proposed for change. We will review these
changes during our staff presentation at the hearing.
On January 9, 2008, the Regional Planning Commission formally adopted their written
findings and recommendations for the approval on nine (9) of the following ten (10) 2007
(continued on next page)
Resolution Ordinance(s) one (1) for Comprehensive Plan and nine (9) for the
individual rezones
Other (Specify) Council Action Agenda approving Amendments (item #X), RPC Written
Recommendations for Approval, Maps of Amendment sites, Ordinance approving
Comprehensive Plan and Ordinances effecting the rezoning of nine of the properties
available Monda March 17 20
APPROVED FOR SUBMITTAL: "�.E City Manager
STAFF RECOMMENDATION: (A) Accept the Regional Planning Commission's written
findings and recommendations for the Comprehensive Plan changes and adopt the ordinance
provided and (B) adopt the Hearing Examiner's recommendation for each of the nine rezones
recommended and adopt the ordinances for each of the recommended nine
BOARD /COMMITTEE/COMMISSION RECOMMENDATION: On January 9, 2008, the
Regional Planning Commission recommended approval of nine of the ten requested
Comprehensive Plan amendments. On November 1, 2 and 23 the Hearing Examiner issued
his recommendations for the approval of the nine of the ten requested rezones.
COUNCIL ACTION:
Urban Area Comprehensive Plan amendment applications. The Commission recommended
denial of one of the ten applications that requested an amendment to the Comprehensive •
Plan.
In addition to their requested amendments of the Comprehensive Plan the applicants
concurrently requested the rezoning of their property. The Hearing Examiner held the
required public hearings for these rezones and has recommended the approval of nine of the
ten which were submitted. Following your actions on the Comprehensive Plan Amendments,
which is approved by one vote and the passage of a single ordinance, you will be asked to
consider each of the ten applications in their turn. Should you choose to accept the Hearing
Examiner's recommendations for these rezones the implementing ordinances should also be
adopted.
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CPA # 1 -07
APPLICANT: Walter & Virginia Mick
LOCATION: SE Comer of 64 Avenue & Washington Avenue
REQUEST: Change the Future Land Use Map from Low Density
Residential to Arterial Commercial. Future zoning would
be Small Convenience Center (SCC), if the amendment is
approved.
RECOMMENDATION: Approval
CPA # 2 -07
ID APPLICANT: The Noel Corporation
LOCATION: 1015 S. 5th Avenue & Vicinity of S. 5 Avenue & W. Nob
Hill Boulevard
REQUEST: Change the Future Land Use Map from Low Density
Residential to Neighborhood Commercial. Future zoning
would be Small Convenience Center (SCC) if the
amendment is approved.
RECOMMENDATION: Approval with conditions
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CPA # 3 -07
APPLICANT: Linc Properties /Brashen Yakima, LLC
LOCATION: 1214 -1230 S. First Street
REQUEST: Change the Future Land Use Map from Industrial to
Arterial Commercial. Future zoning would be Central
Business District (CBDS) if the amendment is approved.
RECOMMENDATION: Approval
CPA # 4 -07
APPLICANT: Roy Johnson
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LOCATION: 4906 Summitview Avenue
REQUEST: Change the Future Land Use Map from Low Density
Residential to High Density Residential on the southern
portion of the property, and Neighborhood Commercial on
the northern portion of the property. Future zoning would
be Multi - Family Residential (R -3) on the south, and Local
Business (B -2) on the north if the amendment is
approved.
RECOMMENDATION: Approval
CPA # 5 -07
APPLICANT: A &N Investment & Rental Properties, LLC
LOCATION: 716, 718 S. 6 Street and 507 E. Adams Street
REQUEST: Change the Future Land Use Map from Low Density
Residential to Neighborhood Commercial. Future zoning
would be Local Business (B -2) if the amendment is
approved.
RECOMMENDATION: Approval
CPA # 6-07
APPLICANT: James L D Thomas
411 LOCATION: 5609 Tieton Drive
REQUEST: Change the Future Land Use Map from Medium Density
Residential to Neighborhood Commercial to bring the
northern portion of the parcel that has a split- zoning
designation into conformance with the southern portion of
the parcel. Future zoning would be Local Business (B -2) if
the amendment is approved.
RECOMMENDATION: Approval
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CPA # 7 -07 •
APPLICANT: Summit Crest Construction
LOCATION: 4600 Summitview Avenue
REQUEST: Change the Future Land Use Map from Low Density
Residential to Neighborhood Commercial. Future zoning
would be Local Business (B -2) if the amendment is
approved.
RECOMMENDATION: Approval
CPA #8-07
APPLICANT: Des Mathis
LOCATION: 2013, 2015 Willow Street and 2018 Fruitvale Boulevard
REQUEST: Change the Future Land Use Map from Medium Density
Residential and Arterial Commercial to Arterial
Commercial. Future zoning would be Central Business
District Support (CBDS) if the amendment is approved.
RECOMMENDATION: Approval.
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• CPA # 9 -07
APPLICANT: Bill Chichenoff et al
LOCATION: 1007, 1009, 1101, 1103, 1105 W. Washington Avenue
REQUEST: Change the Future Land Use Map from Medium Density
Residential to Neighborhood Commercial. Future zoning
would be Local Business (B -2) if the amendment is
approved.
RECOMMENDATION: Approval
CPA # 10 -07
APPLICANT: Yakima Temple Building Association /Michael Kim
LOCATION: 2412 & 2506 W. Mead Avenue
REQUEST: Change the Future Land Use Map from Low Density
Residential to High Density Residential. Future zoning
would be Local Business (R -3) if the amendment is
approved.
RECOMMENDATION: Denial
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ORDINANCE NO. 2008-
AN ORDINANCE concerning land use regulation and comprehensive planning
and amending the Future Land Use Map of the Yakima Urban
Area Comprehensive Plan as follows: changing the
classification of the property located at the SE Corner of 64th
Avenue & Washington Avenue (parcel no. 181333- 32403, 32404,
and 32405) from Low Density Residential to Arterial
Commercial; changing the classification of the properties
located at 1015 S. 5th Avenue & vicinity of S. 5th Avenue & W.
Nob Hill Boulevard (parcel no. 181325 - 14405, 14410) from Low
Density Residential to Neighborhood Commercial; and
changing the classification of the property located at 1214 -1230
S. First Street (parcel no. 191330- 13004) from Industrial to
Arterial Commercial; and changing the classification of the
property located at 4906 Summitview Avenue (parcel no.
181321 - 41001) from Low Density Residential on the southern
portion of the parcel to High Density Residential, and from Low
Density Residential on the northern portion of the parcel to
II/ Neighborhood Commercial; and changing the classification of
the property located at 716, 718 S. 6th Street and 507 E. Adams
Street (parcel no. 191319 - 43508, 43509, 43510) from Low Density
Residential to Neighborhood Commercial; and changing the
classification of the property located at 5609 Tieton Drive
(parcel no. 181321 - 34003) from Low Density Residential on the
northern portion of the parcel to Neighborhood Commercial;
and changing the classification of the property located at 4600
Summitview Avenue (parcel no. 181322- 32023) from Low
Density Residential to Neighborhood Commercial; and
changing the classification of the property located at 2013, 2015
Willow Street and 2018 Fruitvale Boulevard (parcel no. 181314-
42411, 42413, 42440) from Medium Density Residential to
Arterial Commercial; and changing the classification of
property located at 1007, 1009, 1101, 1103 and 1105 W.
Washington Avenue (parcel no. 181336- 24017, 24031, 24032,
24033, and 24034) from Medium Density Residential to
Neighborhood Commercial; and changing the classification of
property located at 2412 & 2506 W. Mead Avenue (parcel no.
181335- 21456, 21457) from Low Density Residential to High
Density Residential.
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WHEREAS, the Washington State Growth Management Act (GMA) requires g ( ) equires
counties and cities to prepare long -range comprehensive plans pursuant to Ch.
36.70A RCW and related laws and regulations; and
WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation
of comprehensive plans and development regulations at least every five years and
for the revision or amendments to such plans not more than once a year but at least
once every five years, with certain exceptions; and
WHEREAS, RCW 36.70A.470 requires that counties and cities planning under
RCW 36.70A.040 include in their development regulations a procedure for any
interested person, including applicants, citizens, hearing examiners, and staff of
other agencies, to suggest comprehensive plan or development regulation
amendments; and
WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments
be docketed and considered not more often than once a year, consistent with the
provisions of RCW 36.70A.130; and
WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to
provide procedures and criteria for amending and updating the Yakima Urban Area
Comprehensive Plan; and
WHEREAS, Walter & Virginia Mick has submitted an application requesting
that the classification of the property located at the SE Corner of 64th Avenue &
Washington Avenue (parcel no. 181333 - 32403, 32404, and 32405) from Low Density
Residential to Arterial Commercial on the Future Land Use Map of the Yakima
Urban Area Comprehensive Plan (hereinafter "CPA #1 -07 "); and
WHEREAS, The Noel Corporation, has submitted an application requesting
that the classification of the properties located at 1015 S. 5th Avenue & vicinity of S.
5th Avenue & W. Nob Hill Boulevard (parcel no. 181325 - 14405, 14410) from Low
Density Residential to Neighborhood Commercial on the Future Land Use Map of
the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #2 -07 "); and
WHEREAS, Linc Properties /Brashen Yakima, LLC., has submitted an
application requesting that the classification of the property located at 1214 -1230 S.
First Street (parcel no. 191330 - 13004) from Industrial to Arterial Commercial on the
Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter
"CPA #3 -07 "): and
WHEREAS, Roy Johnson, has submitted an application requesting that the
classification of the property located at 4906 Summitview Avenue (parcel no. 181321-
41001) from Low Density Residential on the southern portion of the parcel to High
Density Residential, and from Low Density Residential on the northern portion of
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II the parcel to Neighborhood Commercial on the Future Land Use Map of the Yakima
Urban Area Comprehensive Plan (hereinafter "CPA #4 -07 "): and
WHEREAS, A &N Investment & Rental Properties, LLC, has submitted an
application requesting that the classification of the property located at 716, 718 S. 6th
Street and 507 E. Adams Street (parcel no. 191319 - 43508, 43509, 43510) from Low
Density Residential to Neighborhood Commercial on the Future Land Use Map of
the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #5-07"): and
WHEREAS, James L D Thomas, has submitted an application requesting that
the classification of the property located at 5609 Tieton Drive (parcel no. 181321-
34003) from Low Density Residential on the northern portion of the parcel to
Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #6 -07"): and
WHEREAS, Summit Crest Construction, has submitted an application
requesting that the classification of the property located at 4600 Summitview Avenue
(parcel no. 181322- 32023) from Low Density Residential to Neighborhood
Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive
Plan (hereinafter "CPA #7 -07 "): and
WHEREAS, Des Mathis, has submitted an application requesting that the
classification of the property located at 2013, 2015 Willow Street and 2018 Fruitvale
Boulevard (parcel no. 181314 - 42411, 42413, 42440) from Medium Density Residential
to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #8 -07 "): and
WHEREAS, Bill Chichenoff et al, has submitted an application requesting that
the classification of the property located at 1007, 1009, 1101, 1103 and 1105 W.
Washington Avenue (parcel no. 181336- 24017, 24031, 24032, 24033, and 24034) from
Medium Density Residential to Neighborhood Commercial on the Future Land Use
Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #9 -07"): and
WHEREAS, Yakima Temple Building Association /Michael Kim, has
submitted an application requesting that the classification of the property located at
2412 & 2506 W. Mead Avenue (parcel no. 181335 - 21456, 21457) from Low Density
Residential to High Density Residential on the Future Land Use Map of the Yakima
Urban Area Comprehensive Plan (hereinafter "CPA #10 -07"): and
WHEREAS, in accordance with YMC Chapter 16.10, the Regional Planning
Commission held appropriate meetings and hearings to review and consider the
requested comprehensive plan amendments; and
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WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in
YMC 16.10.040, the Regional Planning Commission made a recommendation to a
joint meeting of the City Council and Yakima County Commissioners that the
requested comprehensive plan amendments described above be approved with the
exception of CPA #10-07 which was denied; and
WHEREAS, pursuant to YMC 16.10.090, on Month Day, Year, a public
hearing regarding the requested comprehensive plan amendments described above
was held before a joint meeting of the City Council and Yakima County
Commissioners, and City Council directed City staff to prepare appropriate
legislation to approve the requested comprehensive plan amendments; and
WHEREAS, it is in the best interests of the City to enact the following to
approve the requested comprehensive plan amendments described above, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Subject to the specific terms of this ordinance, the Yakima City
Council adopts the January 9, 2008, findings, conclusions and recommendations of
the Regional Planning Commission for CPA #1 -07, CPA #2-07, CPA #3-07, CPA #4-
07, CPA #5 -07, CPA #6-07, CPA #7-07, CPA #8-07, CPA #9 -07 and CPA #10 -07. A
copy of said recommendations is attached as Exhibit A and is incorporated herein by
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this reference.
Section 2. Regarding CPA #1 -07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit B, which is incorporated
by reference in this ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as Arterial Commercial
on the Future Land Use Map of the Yakima Urban Area Comprehensive
Plan;
b. The requested Comprehensive Plan Amendment would better
implement relevant Comprehensive Plan policies pertaining to the
establishment of retail and /or personal service establishments to serve
the variety of new residential, commercial and industrial developments
underway or planned in the surrounding neighborhood;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal
Code Chapter 16.10;
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• • The goals and policies of the Yakima Urban Area Comprehensive
Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support
the requested amendment.
Section 3. Regarding CPA #2 -07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit C, which is
incorporated by reference in this ordinance, the City Council finds as
follows:
a. The subject property is suitable to be classified as Neighborhood
Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan;
b. The requested Comprehensive Plan Amendment would better
implement relevant Comprehensive Plan policies pertaining to the
provision of small scale, neighborhood convenience commercial uses and
® services primarily for residences of adjacent neighborhoods;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal
Code Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive
Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 4. Regarding CPA #3-07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit D, which is incorporated
by reference in this ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as Arterial Commercial on the
Future Land Use Map of the Yakima Urban Area Comprehensive Plan;
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b. Circumstances have changed since the property was classified as Industrial •
which now make the requested Comprehensive Plan Amendment
appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment
Section 5. Regarding CPA #4-07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit E, which is incorporated
by reference in this ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as High Density Residential on
the southern portion of the property, and Neighborhood Commercial on the
northern portion of the property on the Future Land Use Map of the Yakima
Urban Area Comprehensive Plan;
b. Circumstances have changed since the property was classified as Suburban
Residential which now makes the requested Comprehensive Plan
Amendment appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 6. Regarding CPA #5-07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit F, which is incorporated
' by reference in this ordinance, the City Council finds as follows:
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• a. The subject property is suitable to be classified as Neighborhood Commercial
on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan;
b. Circumstances have changed since the property was classified as Low Density
Residential which now makes the requested Comprehensive Plan
Amendment appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
e. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 7. Regarding CPA #6-07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit G, which is incorporated
by reference in this ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as Neighborhood Commercial
on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan;
b. Circumstances have changed since the property was classified as Medium
Density Residential which now makes the requested Comprehensive Plan
Amendment appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 8. Regarding CPA #7-07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit H, which is
incorporated by reference in this ordinance, the City Council finds as follows:
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a. The property subject is suitable to be classified as Neighborhood Commercial
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on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan;
b. Circumstances have changed since the property was classified as Low Density
Residential which now makes the requested Comprehensive Plan
Amendment appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 9. Regarding CPA #8-07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit I, which is
incorporated by reference in this ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as Arterial Commercial on the
Future Land Use Map of the Yakima Urban Area Comprehensive Plan;
b. Circumstances have changed since the property was classified as Medium
Density Residential and Arterial Commercial which now makes the requested
Comprehensive Plan Amendment appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 10. Regarding CPA #9-07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit J, which is
incorporated by reference in this ordinance, the City Council finds as follows:
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41) a. The subject property is suitable to be classified as Neighborhood Commercial
on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan;
b. Circumstances have changed since the property was classified as Medium
Density Residential which now makes the requested Comprehensive Plan
Amendment appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 11. Regarding CPA #10 -07 and the subject property, the legal
description of which is attached to this ordinance as Exhibit J, which is
incorporated by reference in this ordinance, the City Council finds as follows:
a. The subject property is not suitable to be classified as High Density
Residential on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan;
b. Circumstances have not changed since the property was classified as Low
Density Residential which now makes the requested Comprehensive Plan
Amendment inappropriate;
c. The requested Comprehensive Plan Amendment is not consistent with and
does not comply with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and such impacts
do not support the requested amendment.
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Section 12. The official Future Land Use Map of the Yakima Urban Area
Comprehensive Plan shall be amended or modified to reclassify the subject real
properties set forth herein consistent with the above sections of this ordinance.
Section 13. 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 14. The City Clerk is hereby authorized and directed to file a
certified copy of this ordinance with the Yakima County Auditor.
Section 15. 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 18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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ORDINANCE NO. 2008-
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, three
parcels of property located in the vicinity of the SE Comer of S. 64
Avenue and W. Washington Avenue, Yakima, Washington from Suburban
Residential, (SR) to Small Convenience Center (SCC) as more fully
described herein; and approving, with conditions, the recommendation of
the Hearing Examiner for the City of Yakima regarding the same; Walter
Mick, and Virginia Mick, identified as the applicants herein.
WHEREAS, by application dated April 18, 2007, Walter and Virginia Mick requested the
rezone of Yakima County Assessor's Parcel Nos. 181333 - 32403, 181333 -32404 and 181333-
32405, located in the vicinity of the SE Comer of S. 64 Avenue and W. Washington Avenue,
Yakima, Washington (hereinafter "Subject Property "), from Suburban Residential, (SR), to Small
Convenience Center, (SCC); and
WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing
Examiner for the City of Yakima conducted an open- record public hearing regarding the
requested rezone; and
WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #1 -07, Rezone #3 -07, and EC #11 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Suburban
Residential, (SR) to Small Convenience Center (SCC); and
WHEREAS, at a closed- record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located in the vicinity of the SE Comer of S. 64 Avenue
and W. Washington Avenue, Yakima, Washington (Yakima County Assessor's Parcel Nos.
181333 - 32403, 181333 -32404 and 181333 - 32405), legally described in Exhibit "A ", attached
hereto and incorporated herein by this reference, is hereby rezoned from Suburban Residential,
(SR), to Small Convenience Center, (SCC).
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #3 -07, EC #11 -07) 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.
(jc)ord/James and Stephnie Obert Rezone 1
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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,
subject to the conditions stated below, to reflect this rezone.
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Eder, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord/James and Stephnie Obert Rezone 2
EXHIBIT "A"
WALTER & VIRGINIA MICK
CPA #1 -07, RZ #3 -07, EC #11 -07
SE CORNER OF S. 64 AVENUE & WASHINGTON AVENUE
YAKIMA, WASHINGTON
LEGAL DESCRIPTION:
Parcel No. 181333 -32403
Section 33 Township 13 Range 18: Lot 1 SP 80 173 EX N 15 FT CO RD R/W
Parcel No. 181333 -32404
Section 33 Township 13 Range 18: SP 80 173: Lot 2
Parcel No. 181333 -32405
Section 33 Township 13 Range 18: SP 80 173: Lot 3
(jc)ord/James and Stephnie Obert Rezone 3
ORDINANCE NO. 2008-
0
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, two
parcels of property located north of Nob Hill Boulevard between South 4th
Avenue and South 5 Avenue west of Southgate Shopping Center,
Yakima, Washington from Single - Family Residential, (R -1) to Small
Convenience Center (SCC) as more fully described herein; and
approving, with conditions, the recommendation of the Hearing Examiner
for the City of Yakima regarding the same; The Noel Corporation,
identified as the applicants herein.
WHEREAS, by application dated April 20, 2007, The Noel Corporation requested the
rezone of Yakima County Assessor's Parcel Nos. 181325 - 14405, and 181325 - 14410, located
north of Nob Hill Boulevard between South 4 Avenue and South 5th Avenue west of Southgate
Shopping Center„ Yakima, Washington (hereinafter "Subject Property"), from Single - Family
Residential, (R -1), to Small Convenience Center, (SCC); and
WHEREAS, on September 27, 2007 and continued on October 11, 2007, the Hearing
Examiner for the City of Yakima conducted an open- record public hearing regarding the
requested rezone; and
WHEREAS, Mr. Brian Diehm appealed the SEPA DNS prior to the expiration of the
appeal period; and
WHEREAS, on November 8, 2007 the Hearing Examiner for the City of Yakima
. conducted a hearing to hear arguments regarding the SEPA appeal; and
WHEREAS, on November 23, 2007 the Hearing Examiner for the City of Yakima
affirmed the SEPA DNS and recommended that conditions be imposed on the requested rezone
from R -1 to the SCC zone; and
WHEREAS, on November 23, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #2 -07, Rezone #4-07, EC #12 -07, and SEPA APP #1-
07, (the "recommendation ") recommending that the Subject Property be rezoned from Single -
Family Residential, (R -1) to Small Convenience Center (SCC); and
WHEREAS, at a closed-record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
(jc)ord/James and Stephnie Obert Rezone 1
Section 1. The property located north of Nob Hill Boulevard between South 4th
Avenue and South 5th Avenue west of Southgate Shopping Center, Yakima, Washington
(Yakima County Assessor's Parcel Nos. Parcel Nos. 181325-14405, and 181325-14410), legally
described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby
rezoned from Single - Family Residential, (R -1), to Small Convenience Center (SCC).
Section 2. The findings within the November 23, 2007 Hearing Examiner's
Recommendation (UAZO RZ #4 -07, EC #12 -07, and SEPA APP #1 -07) 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,
subject to the conditions stated below, to reflect this rezone.
Section 4. The rezone granted by this ordinance is expressly conditioned on the
Owner's satisfaction of the following conditions stated on page 17 of the Hearing
Examiner's Recommendation:
a. Ingress to and egress from either of the two subject parcels by way of
South 5 Avenue shall be prohibited;
b. Lighted signage along South 5 Avenue or along any common property
lines between the two subject parcels and any adjoining properties
improved with residences to the north or south shall be prohibited;
c. Violations of the City's public disturbance noise provisions of Section
6.04.180 of the Yakima Municipal Code which make it "unlawful for any
person in possession of property to knowlingly cause, permit or allow to
emanate therefrom any sound which by its intensity, volume, frequency,
duration or character unreasonably disturbs or interferes with the peace,
comfort and repose of others" shall be prohibited on the two subject
parcels even though commercial uses would otherwise be exempt from
said ordinance;
d. Only cut -off light fixtures shall be used on the two subject parcels which
shall be shielded and installed in a manner that prevents fugitive light or
light spillage from the parcels onto South 5 Avenue or onto any adjoining
properties improved with residences to the north or south of the parcels;
and
e. Buildings fronting on South 5 Avenue or on any common property lines
between the two subject parcels and any adjoining properties improved
with residences to the north or south of the parcels shall be prohibited.
Section 5. 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 6. The City Clerk is hereby authorized and directed to file a certified copy of
this ordinance with the Yakima County Auditor.
Section 7. 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.
}
(jc)ord/James and Stephnie Obert Rezone 2
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord/James and Stephnie Obert Rezone 3
EXHIBIT "A"
THE NOEL CORPORATION
CPA #2 -07, RZ #4 -07, EC #12 -07
1015 S. 5 AVENUE/S. 5 AVENUE & NOB HILL BOULEVARD
YAKIMA, WASHINGTON
LEGAL DESCRIPTION:
Parcel No. 181325 -14410
Matterson's Acre Tracts: S 100 ft of N 150 of Lot 4
EXW10ft
Parcel No. 181325 -14405
Matterson's Acre Tracts: N 50 ft of W 1/2 of Lot 3, N 50 ft of E 34.5 ft
(jc)ord/James and Stephnie Obert Rezone 4
ORDINANCE NO. 2008 -
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, one
parcel of property located at 1214 —1230 South 1 Street, Yakima,
Washington from Heavy Industrial, (M -2) to Central Business District
Support (CBDS) as more fully described herein; and approving, with
conditions, the recommendation of the Hearing Examiner for the City of
Yakima regarding the same; Linc Properties/Brashen Yakima, LLC,
identified as the applicants herein.
WHEREAS, by application dated April 30, 2007, Linc Properties /Brashen Yakima, LLC
requested the rezone of Yakima County Assessor's Parcel No. 191330 - 13004, at 1214 — 1230
South 1 Street Yakima, Washington (hereinafter "Subject Property "), from Heavy Industrial, (M-
2), to Central Business Distract Support (CBDS); and
WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing
Examiner for the City of Yakima conducted an open - record public hearing regarding the
requested rezone; and
WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #3 -07, Rezone #5 -07, and EC #14 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Heavy Industrial,
(M -2), to Central Business District Support (CBDS) and
WHEREAS, at a closed- record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located at 1214 — 1230 South 1s Street, Yakima,
Washington (Yakima County Assessor's Parcel No. 191330-13004), legally described in Exhibit
"A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Heavy
Industrial, (M -2), to Central Business District Support, (CBDS).
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #5 -07, EC #14 -07) 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.
(jc)ord/James and Stephnie Obert Rezone 1
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,
subject to the conditions stated below, to reflect this rezone.
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord/James and Stephnie Obert Rezone 2
EXHIBIT "A"
BRASHEN YAKIMA, LLC
CPA #3 -07, RZ #5 -07, EC #14 -07
1230 S. FIRST STREET
YAKIMA, WASHINGTON
LEGAL DESCRIPTION
Parcel No. 191330 -13004
That part of the Southwest quarter of the Northeast quarter of Section 30, Township 13 North, Range 19
East, W. M., described as follows:
COMMENCING at the Northwest corner of said subdivision;
Thence South 0 °36'15" West along the West line of said subdivision 265.00 feet to the POINT OF
BEGINNING; Thence South 0 °36'15" West 485.00 feet;
Thence South 89 °23'45" East 259.55 feet; more or less, to the Westerly right of way line South First
Street; thence North 24 °49'30" West along the Westerly right of way line of said South First Street 549.46
feet more or less, to a line bearing North 65 °10'30" East from the POINT OF BEGINNING; thence South
65 °10'30" West 26.15 feet, more or less to the POINT OF BEGINNING.
(jc)ord/James and Stephnie Obert Rezone 3
•
ORDINANCE NO. 2008-
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, one
parcel of property located at 4906 Summitview Avenue, Yakima,
Washington from Suburban Residential (SR) to Local Business (B -2) on
the northern portion of the subject property and from Suburban
Residential (SR) to Multi - Family Residential (R -3) on the southem portion
of the subject property, as more fully described herein; and approving,
with conditions, the recommendation of the Hearing Examiner for the City
of Yakima regarding the same; Roy Johnson, identified as the applicants
herein.
WHEREAS, by application dated April 30, 2007, Roy Johnson requested the rezone of
Yakima County Assessor's Parcel No. 181321 - 41001, at 4906 Summitview Avenue, Yakima,
Washington (hereinafter "Subject Property "), from Suburban Residential (SR) to Local Business
(B -2) on the northem portion and from Suburban Residential (SR) to Multi - Family Residential
(R -3) on the southern portion of the subject property; and
WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing
Examiner for the City of Yakima conducted an open - record public hearing regarding the
requested rezone; and
WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #4-07, Rezone #6 -07, and EC #15 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Suburban
Residential (SR) to Local Business (B-2) on the northern portion and from Suburban Residential
(SR) to Multi- Family Residential (R -3) on the southem portion of the subject property; and
WHEREAS, at a closed- record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located at 4906 Summitview Avenue, Yakima, Washington
(Yakima County Assessor's Parcel No. 181321 - 41001), legally described in Exhibit "A ",
attached hereto and incorporated herein by this reference, is hereby rezoned from Suburban
Residential (SR) to Local Business (B-2) on the northern portion and from Suburban Residential
(SR) to Multi - Family Residential (R -3) on the southem portion of the subject property.
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #6 -07, EC #15 -07) regarding this rezone are hereby adopted by
(jc)ord/James and Stephnie Obert Rezone 1
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,
subject to the conditions stated below, to reflect this rezone.
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord/James and Stephnie Obert Rezone 2
•
•
EXHIBIT "A"
ROY JOHNSON
CPA # 4-07, RZ #6 -07, EC #15 -07
4906 SUMMITVIEW AVENUE
YAKIMA, WASHINGTON
LEGAL DESCRIPTION:
Parcel No. 181321 -41001
THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
21, TOWNSHIP 13 NORTH, RANGE 18 EAST, W. M.
EXCEPT THE EAST 330 FEET, AND
EXCEPT RIGHT OF WAY FOR ROAD
(jc)ord/James and Stephnie Obert Rezone 3
ORDINANCE NO. 2008 -'
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, three
parcels of property located at 716 & 718 South 6 Street & 507 East
Adams Street, Yakima, Washington from Single- Family
Residential (R -1) and Historical Business (HB) to Local Business (B -2),
as more fully described herein; and approving, with conditions, the
recommendation of the Hearing Examiner for the City of Yakima
regarding the same; A &N Investment & Rental Properties, LLC, identified
as the applicants herein.
WHEREAS, by application dated April 30, 2007, A &N Investment & Rental Properties,
LLC requested the rezone of Yakima County Assessor's Parcel Nos. 191319 - 43508, 191319-
43509 and 191319 - 43510, at 716 & 718 South 6 Street & 507 East Adams Street, Yakima,
Washington (hereinafter "Subject Property"), from Single - Family Residential (R -1) and Historical
Business (HB) to Local Business (B -2); and
WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing
Examiner for the City of Yakima conducted an open - record public hearing regarding the
requested rezone; and
WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #5-07, Rezone #7 -07, and EC #16 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Single - Family
Residential (R -1) and Historical Business (HB) to Local Business (B -2); and
WHEREAS, at a closed- record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located at 716 & 718 South 6 Street & 507 East Adams
Street, Yakima, Washington (Yakima County Assessor's Parcel Nos. 191319- 43508, 191319-
43509 and 191319 - 43510,), legally described in Exhibit "A ", attached hereto and incorporated
herein by this reference, is hereby rezoned from Suburban Residential (SR) to Local Business
(B -2) on the northern portion and from Single - Family Residential (R -1) and Historical Business
(HB) to Local Business (B -2).
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #7 -07, and EC #16 -07) 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.
Qc)ord/James and Stephnie Obert Rezone 1
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,
subject to the conditions stated below, to reflect this rezone.
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Edier, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord/James and Stephnie Obert Rezone 2
EXHIBIT "A"
A &N INVESTMENT & RENTAL PROPERTIES, LLC
CPA #5 -07, RZ #7 -07, EC #16 -07
716 & 718 South 6 Street &
507 East Adams Street
YAKIMA, WASHINGTON
LEGAL DESCRIPTION:
Parcel No. 191319 -43508
Lot 8, Block 118 of Rainier Addition to North Yakima, now Yakima, Washington, recorded in
Volume "B" of Plats, Page 23, records of Yakima County, Washington
Parcel No. 191319 -43509
The Westerly 68 feet of Lot 9, Block 118 of Rainier Addition to North Yakima, now Yakima,
Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington
Parcel No. 191319 -43510
The Easterly 70 feet of Lot 9, Block 118 of Rainier Addition to North Yakima, now Yakima,
Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington
(jc)ord/James and Stephnie Obert Rezone 3
ORDINANCE NO. 2008-
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, one
parcel of property located at 5609 Tieton Drive, Yakima, Washington from
Two- Family Residential (R -2) to Local Business (B -2) as more fully
described herein; and approving, with conditions, the recommendation of
the Hearing Examiner for the City of Yakima regarding the same; James
L D Thomas., identified as the applicants herein.
WHEREAS, by application dated April 30, 2007, James L D Thomas requested the
rezone of Yakima County Assessor's Parcel No. 181321- 34003, at 5609 Tieton Drive, Yakima,
Washington (hereinafter "Subject Property"), from Two - Family Residential (R -2) to Local
Business (B -2); and
WHEREAS, on September 27, 2007 and continued on October 11, 2007, the Hearing
Examiner for the City of Yakima conducted an open - record public hearing regarding the
requested rezone; and
WHEREAS, on October 25, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #6 -07, Rezone #8 -07, and EC #17 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Two - Family
Residential (R -2) to Local Business (B -2); and
WHEREAS, at a closed- record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located at 5609 Tieton Drive, Yakima, Washington (Yakima
County Assessor's Parcel No. 181321 - 34003), legally described in Exhibit "A ", attached hereto
and incorporated herein by this reference, is hereby rezoned from Two - Family Residential (R -2)
to Local Business (B-2).
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #8-07, and EC #17 -07) 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,
subject to the conditions stated below, to reflect this rezone.
(jc)ord/James and Stephnie Obert Rezone 1
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,
subject to the conditions stated below, to reflect this rezone.
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord/James and Stephnie Obert Rezone 2
EXHIBIT "A"
JAMES L D THOMAS
CPA #6 -07, RZ #8 -07, EC #17 -07
5609 TIETON DRIVE
YAKIMA, WASHINGTON
Parcel No. 181321 -34003 T
The North 300 feet (measured from the curb line) of the following described parcel:
BEGINNING at a Point of Bearing North 89° 06° West 327.9 feet from the South quarter corner of Section
21, Township 13 North, Range 18 E. W. M.,
Then North 89° 06' West 347.9 feet,
Then North 0° 13' West 661.35 feet,
Then South 89° 06' East 317.5 feet
Then South 0° 14' East 661.35 feet TO THE POINT OF BEGINNING,
EXCEPT the West 160 feet thereof, and
EXCEPT the North 30 feet and the South 30 feet for County Roads
•
(jc)ord/James and Stephnie Obert Rezone 3
ORDINANCE NO. 2008-
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, one
parcel of property located at 4600 Summitview Avenue, Yakima,
Washington from Single - Family Residential (R -1) to Local Business (B -2)
as more fully described herein; and approving, with conditions, the
recommendation of the Hearing Examiner for the City of Yakima
regarding the same; Summit Crest Construction, LLC, identified as the
applicants herein.
WHEREAS, by application dated April 30, 2007, Summit Crest Construction, LLC
requested the rezone of Yakima County Assessor's Parcel No. 181322 - 32023, at 4600
Summitview Avenue, Yakima, Washington (hereinafter "Subject Property "), from Single - Family
Residential (R =1) to Local Business (B -2); and
WHEREAS, on September 27, 2007 and continued on October 19, 2007, the Hearing
Examiner for the City of Yakima conducted an open - record public hearing regarding the
requested rezone; and
WHEREAS, on October 25, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #7 -07, Rezone #9 -07, and EC #18 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Single - Family
Residential (R -1) to Local Business (B -2); and
WHEREAS, at a closed - record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located at 4600 Summitview Avenue, Yakima, Washington
(Yakima County Assessor's Parcel No. 181322- 32023, legally described in Exhibit "A ", attached
hereto and incorporated herein by this reference, is hereby rezoned from Single - Family
Residential (R -1) to Local Business (B-2).
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #9 -07, and EC #18 -07) 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,
subject to the conditions stated below, to reflect this rezone.
(jc)ord/James and Stephnie Overt Rezone 1
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Edier, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord/James and Stephnie Obert Rezone 2
EXHIBIT "A"
SUMMIT CREST CONSTRUCTION
CPA #7 -07, RZ #9 -07, EC #18 -07
4600 SUMMITVIEW AVENUE
YAKIMA, WASHINGTON
LEGAL DESCRIPTION:
Parcel No. 181322 -32023
The West 380 feet of the North 202.5 feet of the West half of the Northwest quarter of the Southwest
quarter of Section 22, Township 13 North, Range 18, E. W. M.
(jc)ord/James and Stephnie Obert Rezone 3
ORDINANCE NO. 2008-
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, three
parcels of property located at 2013 and 2015 Willow Street and 2018
Fruitvale Boulevard, Yakima, Washington from Two - Family Residential
(R -2) to Central Business District Support (CBDS) as more fully described
herein; and approving, with conditions, the recommendation of the
Hearing Examiner for the City of Yakima regarding the same; Des Mathis,
identified as the applicants herein.
WHEREAS, by application dated April 30, 2007, Des Mathis requested the rezone of
Yakima County Assessor's Parcel Nos. 181314- 42411, 181314 -42413 and 181314- 42440, at
2013 and 2015 Willow Street and 2018 Fruitvale Boulevard, Yakima, Washington (hereinafter
"Subject Property"), from Two - Family Residential (R -2) to Central Business District Support
(CBDS); and
WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing
Examiner for the City of Yakima conducted an open - record public hearing regarding the
requested rezone; and
WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #8 -07, Rezone #10 -07, and EC #19 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Two - Family
Residential (R -2 to Central Business District Support (CBDS); and
. WHEREAS, at a closed- record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located at 2013 and 2015 Willow Street and 2018 Fruitvale
Boulevard, Yakima, Washington (Yakima County Assessor's Parcel Nos. 181314- 42411,
181314 -42413 and 181314 - 42440,), legally described in Exhibit "A ", attached hereto and
incorporated herein by this reference, is hereby rezoned from Two - Family Residential (R -2) to
Central Business District Support (CBDS).
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #10 -07, and EC #19 -07) 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.
(jc)ord/James and Stephnie Obert Rezone 1
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord /James and Stephnie Obert Rezone 2
•
•
EXHIBIT "A"
DES MATHIS
CPA #8 -07, RZ #10 -07, EC #19 -07
2013, 2015 WILLOW STREET & 2018 FRUITVALE BOULEVARD
LEGAL DESCRIPTION:
Parcel No. 181314 -42411
The West 64 feet of the East 384.35 feet of Lot 16 of the Lewis -Terry Garden Tracts, recorded in Book "F"
of Plats, Page 15, records of Yakima County, Washington
Parcel No. 181314 -42413
The South half of the West 64 feet of the East 448.35 feet of Lot 16 of the Lewis -Terry Garden Tracts,
recorded in Book "F" of Plats, Page 15, records of Yakima County, Washington,
EXCEPT the South 20 for road right of way
Parcel No. 181314 -42440
That portion of the North half of the South half of the Northwest quarter of the Southeast
quarter of Section 14, Township 13 North, Range 18 East, W.M. described as follows:
BEGINNING at the intersection as it existed January 3, 1936, of the South line of Fruitvale Boulevard and
of the West line of Wright Avenue,
Then along said South line 384.35 feet to the TRUE POINT OF BEGINNING, Then continuing West 128
feet, then South parallel with the West line of Wright Avenu7e 301 feet, more or less, to the North line of
Tract 16, the Lewis -Terry Garden Tracts,
Then East along said North line 128 feet, then North 301 feet, more or less,
TO THE POINT OF BEGINNING,
LESS PORTION along the North line conveyed to State of Washington for State Road Number 5 by
Deeds recorded under Auditor's File Numbers 1237711 and 1246759, records of Yakima County,
Washington
•
(jc)ord/James and Stephnie Obert Rezone 3
ORDINANCE NO. 2008-
AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, five
parcels of property located at 1007, 1009, 1101, 1103 and 1105 W.
Washington Avenue, Yakima, Washington from Two - Family Residential
(R -2) to Local Business (B -2) as more fully described herein; and
approving, with conditions, the recommendation of the Hearing Examiner
for the City of Yakima regarding the same; Bill Chichenoff et al., identified
as the applicants herein.
WHEREAS, by application dated April 30, 2007, Bill Chichenoff et al requested the
rezone of Yakima County Assessor's Parcel Nos. 181336- 24017, 181336- 24031, 181336-
24032, 181336 -24033 and 181336- 24034, at 1007, 1009, 1101, 1103 and 1105 W. Washington
Avenue, Yakima, Washington (hereinafter "Subject Property "), from Two - Family Residential (R-
2) to Local Business (B -2); and
WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing
Examiner for the City of Yakima conducted an open - record public hearing regarding the
requested rezone; and
WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding CPA Amend #9 -07, Rezone #11 -07, and EC #20 -07, (the
"recommendation ") recommending that the Subject Property be rezoned from Two - Family
Residential (R -2) to Local Business (B -2); and
WHEREAS, at a closed - record public hearing held on March 18, 2008, the City Council
considered the requested rezone, including the documents and other evidence which comprise
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:
Section 1. The property located at 1007, 1009, 1101, 1103 and 1105 W. Washington
Avenue, Yakima, Washington (Yakima County Assessor's Parcel Nos. 181336 - 24017, 181336-
24031,181336- 24032, 181336 -24033 and 181336 - 24034,), legally described in Exhibit "A ",
attached hereto and incorporated herein by this reference, is hereby rezoned from Two - Family
Residential (R -2) to Local Business (B-2).
Section 2. The findings within the November 2, 2007 Hearing Examiner's
Recommendation (UAZO RZ #11 -07, and EC #20 -07) 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.
(jc)ord/James and Stephnie Obert Rezone 1
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,
subject to the conditions stated below, to reflect this rezone.
Section 4. 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 5. The City Clerk is hereby authorized and directed to file a certified copy of
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
18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
•
(jc)ord/James and Stephnie Obert Rezone 2
EXHIBIT "A"
BILL CHICHENOFF ET AL
CPA #9 -07, RZ #11 -07, EC #20 -07
1007, 1009, 1101, 1103, 1105
W. WASHINGTON AVENUE
YAKIMA, WASHINGTON
LEGAL DESCRIPTION:
Parcel No. 181336 -24017
The West 56 feet of the East 269 feet of the South 155.75 of Tract 28, Plat of Section 36,
Township 13 North, Range 18 East, W. M., as recorded in Volume "E" of Plats, Page 36,
records of Yakima County, Washington,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24031
The South half of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W. M., as
recorded in Volume "E" of Plats, Page 36, records of Yakima County, Washington,
EXCEPT the West 155 feet, and
EXCEPT the East 269 feet, and
EXCEPT the South 121 feet,
TOGETHER WITH the East 50 feet of the West 314 feet of the South 121 feet of said Tract,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24032
The East 54.5 feet of the West 209.5 feet of the South 121 feet of the South half of Tract 28,
Plat of Section 36, Township 13 North, Range 18 East, W. M., as recorded in Volume "E" of
Plats, Page 36, records of Yakima County, Washington,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24033
The East 54.5 feet of the West 264 feet of the South 121 feet of the South half of Tract 28, Plat
of Section 36, Township 13 North, Range 18 East, W. M., as recorded in Volume "E" of Plats,
Page 36,
EXCEPT the South 10 feet for road
Parcel No. 181336 -24034
The East 54.5 feet of the West 323.5 feet of the South 121 feet of the South half of Tract 28,
Plat of Section 36, Township 13 North, Range 18 East, W. M., as recorded in Yakima County,
Washington,
EXCEPT the South 10 feet for road
(jc)ord/James and Stephnie Obert Rezone 3