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HomeMy WebLinkAbout1979-2339 MAJOR MODIFICATION OF PROPERTY ON SOUTHWEST CORNER OF THE INTERSECTION OF 56TH AVENUE & SUMMITVIEW AVENUE. ORDINANCE N0. ;2A31 AN ORDINANCE granting an application for a major modification of the Planned Development Zone of property on the southwest corner of the intersection of 56th Avenue and Summitview Avenue in the City of Yakima, Washington. WHEREAS, by application of Safeway Stores, Inc., and others made on February 28, 1978, a major modification was sought of the Planned Development Zone applicable to property legally described hereinbelow and situate on the southwest corner of the intersection of 56th Avenue and Summitview Avenue in the City of Yakima, Washington, which application was denied by the adoption of City of Yakima Resolution No. D-3954, adopted August 28, 1978, and WHEREAS, Safeway Stores, Inc., and others appealed the City's denial of that application for a major modification to the Superior Court of the State of Washington, in and for Yakima County, constituting Cause No. 78-2-01453-3 therein, the result of which appeal was the entry of the court's Judgment and Decree, entered August 24, 1979, by which the Yakima City Council was directed to grant the application for the major modification of the Planned Development Zone, subject to provisions referred to in the Judgment and Decree, including a provision by which the Yakima City Council was authorized to impose conditions, within limitations imposed by the court, on the plan and program for that major modification, and WHEREAS, on the 4th day of October, 1979, pursuant to a . motion to the court made by the plaintiffs Safeway Stores, Inc., and others, the court entered its further Order Enforcing Judgment, a copy of which is attached hereto, and WHEREAS, in accordance with the provisions of the Judgment and Decree and the Order Enforcing Judgment, the Yakima City Coun- cil has reviewed the plan and program for that major modification and has determined that the plan and program shall not be subjected to further conditions, other than a prohibition against nighttime deliveries as specified hereinbelow, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. In compliance with the Judgment and Decree entered August 24, 1979, and the Order Enforcing Judgment entered 411 October 4th 1979, in the case of Safeway Stores, Inc., a Maryland corporation, Ray K. Embree and Nelda Embree, his wife, Plaintiffs, v. The City of Yakima, a municipal corporation, defendant, Cause No. 78-2-01453-3 in the Superior Court of the State of Washing- ton, in and for Yakima County, the Yakima City Council does hereby approve and grant the application submitted to the City of Yakima on February 28, 1978, by Safeway Stores, Inc., and others for a major modification of the Planned Development Zone applicable to property situate on the southwest corner of the intersection of 56th Avenue and Summitview Avenue in the City of Yakima, Wash- ington, legally described as follows: That portion of the northeast quarter of the northeast quarter of the southwest quarter of Section 21, Township 13 North, Range 18, E.W.M., in Yakima County, Washington, described as follows: Commencing at the northeast corner of said subdivision; thence north 88 west along the north line thereof 200.00 feet to the northerly extension of the west line of a parcel leased to Standard Oil Company by instrument recorded under Auditor's File No. 2101091 and 2137896; thence south along said extension and west line 38.00 feet to the south margin of Summitview Avenue and the true point of beginning; Thence continuing south along said west line 167.00 feet to the southwest corner of said leased parcel; thence south 88°51'25" east along the south line of said leased parcel 170.00 feet to the west margin of South 56th Ave- nue; thence south along said west margin 125.60 feet to the south line of the north half of the northeast guar- . ter of the northeast quarter of the southwest quarter of said Section 21; thence north 88°51'35" west along said south line 236.92 feet to the east line of the west 70 feet of the east half of the north 132 feet of the south half of the northeast quarter of the northeast guar- . ter of the southwest quarter of said Section 21; thence south along said east line 198.00 feet to the south line of the north 198 feet of the south half of the northeast quarter of the northeast quarter of the south- . west quarter of said Section 21; thence north 83°51'35" west along said south line 407.11 feet to the west line of the northeast quarter of the northeast quarter of the southwest quarter of said Section 21; thence north 0°03'20" east along said west line 490.62 feet to the south margin of Summitview Avenue; thence south 88°51'25" east along said south margin 473.56 feet to the true point of beginning; -2- • • and said property is hereby rezoned as Planned Development Zone in accordance with, and to conform to, the modified final develop- ment plan and program therefor, a copy of which is attached here- to and by reference made a part hereof; provided, that this rezone is granted with the condition that a further use restric- tion is hereby imposed on the rezoned property, namely, that no deliveries of merchandise to the premises shall be made on any day after 8:00 o'clock p.m. nor before 7:00 o'clock a.m. the following day. Section 2. The above change in zoning shall be included and depicted on the next regularly amended Use District Map prepared by and for the City. Section 3. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section 4. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as pro- vided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 4v day of eet. , 1979. /4 ,„72..„) ayor ATTEST:., • • • -easL City er t 4110 -3-