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HomeMy WebLinkAbout03/18/2008 00 Supplemental Information to Council SUPPLEMENTAL INFORMATION TO COUNCIL For March 18, 2008 Business Meeting CITY COUNCIL AGENDA: 1. Revised Agenda -- postponing Item # 8 — Consideration of a Resolution approving a $130,000 grant from the City's Community Development Block Grant program to the Yakima Food Bank for the purchase of real property and relocation of their program 2. Item #6 — Joint Public Hearing on the 2007 Comprehensive Plan Amendment requests and consideration of an Ordinance amending the future land use map of the Yakima Urban Area Comprehensive Plan Nine (9) ordinances are attached for Council consideration following the public hearing. . d'i Y� ° '' David Edler, Mayor � 'i', Micah Cawley, Assistant Mayor tN 7 Y Y "; Yakima Kathy Coffey �J �� R a,.: ` : ` Stick Ensey °'',� "- City Council Norm Johnson ' R k ,,c Agenda Bill Lover 129 N. 2nd Street,Yakima,WA.98901 Neil McClure Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk REVISED BUSINESS MEETING MARCH 18, 2008 — 6:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call 2. Invocation /Pledge of Allegiance — Council Member Neil McClure 3. Open Discussion for the Good of the Order A. Proclamations B. Special presentations / recognitions • Introduction of Municipal Court Commissioner Eilmes C. Status report on prior meeting's citizen service requests i D. Appointments to Boards and Commissions 4. Consent agenda *All items listed with an asterisk ( *) are considered routine by the City Council and will be enacted by one motion without discussion. A citizen may request Council to remove an item from the Consent Agenda, and if approved, it will be considered in its normal sequence on the Agenda. *A. Council Minutes *B. Council Committee Meeting Reports • Downtown Futures Committee — February 27 and March 5, 2008 • Public Safety Committee — March 5, 2008 • Council Economic Development Committee — March, 2008 • Intergovernmental Committee — March 4, 2008 • 5. Audience Participation - Community members are invited to address items that are not listed on the regular business meeting agenda. A guideline of three (3) minutes per speaker is in place in order to allow as much opportunity as possible for audience participation. A speaker's time may be extended at the discretion of the Mayor and /or the consensus or vote of the Council. Written communication and e-mail messages are strongly encouraged. (Council will proceed to the agenda items under City Manager Report; however, at 7:00 p.m., Council will consider intergovemmental items, if requested, conduct the public hearings (if any) and then resume discussion of any agenda item not considered prior to the hearings. Yakima The mission of the City ofYakima is to: focus on preserving and improving public safety, promote a regional II4anatca My approach to services; act as a catalyst for economic development; and, build a positive image of the community. I 6 7:00 P.M. — PUBLIC HEARINGS / MEETINGS 6. Joint Public Hearing on the 2007 Comprehensive Plan Amendment requests and consideration of an Ordinance amending the future land use map of the Yakima Urban Area Comprehensive Plan (bring binder previously distributed) CITY MANAGER'S REPORTS 7. Consideration of a Resolution authorizing execution of a joint City /County lease - purchase agreement for airport property .... - •- - - - - --e - - - - - - - • (Postponed) 9. Consideration of a Resolution authorizing Community Housing Development Organization (CHDO) request for HOME and CDBG funding for building 15 single - family homes by OIC of Washington for the Marvin Gardens project and authorizing execution of a grant and loan agreement with OIC of Washington 10. Consideration of a Resolution authorizing the City Manager to execute and submit a grant application and contract with the Yakima County Supporting Investments in Economic Diversification (SIED) fund for Yakima Italstone Project *11. Consideration of a Resolution authorizing the City Manager to execute and submit a grant application and contract with the Yakima County Supporting Investments in Economic Diversification (SIED) fund for Sawmill Redevelopment Planning Project *12. Consideration of request from North Front Street Improvement Association to fund tree trunk guard improvements *13. Consideration of a Resolution authorizing execution of an agreement with the Yakima Valley Umpires Association (YVUA) for officiating services for the Parks and Recreation softball program *14. Consideration of a Resolution setting April 10, 2008 as the date for public hearing before the Hearing Examiner for a right -of -way vacation in the vicinity of North 74 Avenue and West Englewood Avenue and adjacent to North 76 Avenue and Scenic Drive *15. Consideration of a Resolution granting an easement to Pacific Power & Light Company for a power line over and across City /County owned property at S. 40 and Washington Avenues (Creekside West) *16. Consideration of a Resolution authorizing the City Manager to sign the Aquatic Lands Outfall Easement No. 51- 079464 with the Washington State Department of Natural Resources 2 ORDINANCES 17. Consideration of an Ordinance authorizing issuance of water and wastewater revenue bonds and refunding bonds of the City of Yakima to finance certain capital improvements to the City's water and wastewater systems and to refund (refinance) certain outstanding water and wastewater bonds of the City 18. Second Reading of an Ordinance amending the 2008 budget and making appropriations in the 124 - Office of Neighborhood Development Services (ONDS) Fund *19. Second Reading of an Ordinance Amending the 2008 Budget for 2007 Year -End Encumbrances 20. Other Business • Council Mission and Vision Statements and Strategic Policy Priorities 21. Adjournment to March 25, 2008 at 8:00 a.m. at the Capitol Theatre for a Study Session regarding the Capitol Theatre, Plaza and Public Facility District; then to 3:00 p.m. for a presentation by the Yakima Air Terminal Board at the Airport Restaurant Board Room * * * * * * * * ** A Council packet is available for review at the City Clerk's Office, Library, and Police Dept. An abbreviated packet is also available on -line at www.ci.yakima.wa.us under Quick Picks. THE NEXT COUNCIL BUSINESS MEETING IS APRIL 1, 2008 AT 6:00 P.M. } 3 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 - i 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