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Home My WebLink About06/16/2009 08B Tate Rezone Development Agreement - Open Record Hearing 11110 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGEN! A STATE `, ENT Item No. g 8 For Meeting of: June 16, 2009 ITEM TITLE: "Open Record" Hearing and consideration of a Resolution on the proposed Development Agreement to conditionally rezone a parcel owned by John and Patricia Tate at 420 S. 32nd Ave., Yakima, WA, from R -1 to R -2. SUBMITTED =Y: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Kevin Futrell, Assistant Planner, 509 - 575 -6164 SUMMARY EXPLANATION: This is an "Open Record" public hearing to consider the Hearing Examiner's recommendation of a Development Agreement for the rezone request by John and Patricia Tate to rezone a parcel of land, approximately 0.16 acres in size, from Single- Family Residential (R -1) to Two - Family Residential (R -2). The Development Agreement is a condition to the rezone only for the purpose of allowing the proposed transitional care facility. On April 9, 2009, the Hearing Examiner held an "Open Record" public hearing, to consider the rezone 0 application and the proposed transitional care facility. On May 15, 2009, the Hearing Examiner issued his recommendation to conditionally approve the rezone request subject to a development agreement. An open record hearing means public testimony may be cons idered when the Development Agreement is reviewed. Resolution X Ordinance Contract Other (Specify) Funding Source Approval For Submittal: \ { ty Manager STAFF r'ECOMMENDATION: Staff recommends that the Hearing Examiner's recommendation be accepted and that the attached Resolution and Development Agreement be signed if acceptable to the City Council. = OARD RECOM i ENDATION: On May 15, 2009, the Hearing Examiner recommended that the rezone be conditionally approved. COUNCIL ACTION: • RESOLUTION NO. R e 2009- A RESOLUTION authorizing and directing the .Mayor to execute a Development Agreement with John and Patricia Tate (hereinafter "Developer "), property owners, to provide for the terms and conditions for a conditional rezone of property located at 420 S. 32nd Avenue from Single - Family Residential (R -1) to Two - Family Residential (R -2) to allow for the operation of a transitional care facility (hereinafter "Project"). WHEREAS, the City of Yakima (hereinafter "City ") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and 'thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 - .210; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, 411 including adoption of Yakima Urban Area Zoning Ordinance, which originally zoned the subject property as Single - Family Residential; and WHEREAS, by application dated February 10, 2009, Developer requested that the City of Yakima rezone Yakima County Assessor's Parcel No. 181322- 44051, legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, located at 420 S. 32nd Avenue, Yakima, Washington (hereinafter "Subject Property "), from R -1 to R -2; and WHEREAS, on April 9, 2009, . the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone; and WHEREAS, on May 15, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation ") regarding RZ# 001 - 09 recommending that the Subject Property be conditionally rezoned R -1 to R -2; and WHEREAS, at a closed- record public hearing held on June 16, 2009, 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 YMC 15.23.030(E) and 15.15.040(E) 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 execute the attached and incorporated Development Agreement (Exhibit "B ") to provide specific conditions applicable to the rezone request described herein; and Qc)res/Tate Rezone# 001 -09 - Development Agreement WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decision for the execution of a development agreement between Developer and the City to implement the conditions set forth in the Final Decision; and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and conditional rezone for this Property, mitigate identified incompatibilities, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Development Agreement, Exhibit "B ", attached hereto and incorporated herein by this reference. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety, and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 16th day 9 9 pp Y of June, 2009. David Edler, Mayor ATTEST: City Clerk 0 (jc)res/Tate Rezone# 001 -09 - Development Agreement EXHIBIT "A" LEGAL DESCRIPTION: That portion of the Southeast % of the Southeast'/ of the Southeast % of Section 22, Township 13 North, Range 18, E.W.M., hereafter called "said subdivision ", described as follows; Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said subdivision; thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of beginning; thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and South center line of said subdivision thence South along the line 90 feet East of and parallel to the said center line 98.5 feet to the North line of Tieton Drive; thence East 223.5 feet to the West line of Grandview Avenue; .thence North along the West line of said Avenue 98 feet to the true point of beginning, EXCEPT the West 42 feet, EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25, 1964, under Auditor's File No. 2000604, AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded December 2, 1991, under Auditor's File No. 2943047 PARCEL NUMBER 181322 -44051 • (jc)res/Tate Rezone# 001 -09 - Development Agreement