HomeMy WebLinkAbout1996-087 Rezone 4411 Powerhouse Road ORD INANCE NO. 96 - 8
AN ORDINANCE relating to zoning, amending Ordinances 93 -97 and 93 -98 to
provide revised conditions on the rezone of property located at
4411 Powerhouse Road in Yakima, Washington, from Suburban
Residential ( SR) to Light Industrial (M -1)
WHEREAS, the City Council previously adopted Ordinances 93 -97 and 93 -98
which, subject to certain conditions specified in Section 2 of Ordinance 93 -97 and
Section 2 of Ordinance 93 -98, rezoned property located at 4411 Powerhouse Road in
Yakima, Washington from Suburban Residential ( SR) to Light Industrial (M -1), which
conditions were required to be satisfied within three years after Ordinances 93 -97 and
93 -98 were approved on November 2, 1993, and,
WHEREAS, the applicant has neither constructed the required improvements
nor paid the City $100,000 in lieu of actual construction of the required improvements,
as required by Paragraph A, Section 2, of Ordinance 93-97 and Paragraph A, Section 2,
of Ordinance 93 -98, and,
WHEREAS, the applicant has requested the City to amend Ordinances 93 -97
and 93 -98 to allow the applicant additional time to pursue development based on the
rezone, and,
WHEREAS, the applicant has proposed to meet, in addition to all other original
conditions, revised conditions derived from Paragraph A, Section 2, of Ordinance 93 -97
and Paragraph A, Section 2, of Ordinance 93 -98, namely to either (1) construct all
improvements as originally provided or, (2) in lieu of actual construction of the required
improvements, to pay such moneys as are necessary for the City to construct the
improvements under its direction. If the applicant elects not to construct the required
improvements, the applicant would, at the election of and within the sole discretion of
city staff, either (a) pay the City a lump sum of $129,000 increased by a reasonable rate
for commercial construction financing for any period after this ordinance is passed
before such lump sum is paid, or (b) provide complete engineering drawings and
specifications for the required improvements and pay the City a lump sum of $100,000
increased by a reasonable rate for commercial construction financing for such period
after this ordinance is passed before such lump sum is paid, and,
WHEREAS, the best interests of the City of Yakima would be advanced by
amending Ordinances 93 -97 and 93 -98 rezoning the Subject Property according to the
revised conditions described above, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Ordinances 93 -97 and 93 -98 are amended to allow the applicant until
December 31, 2001, to satisfy all original conditions except that the conditions stated in
Paragraph A, Section 2, of Ordinance 93 -97 and Paragraph A, Section 2, of Ordinance
93 -98, are amended to require the applicant to either (1) construct all improvements as
originally provided or, (2) in lieu of actual construction of the required improvements,
to pay such moneys as are necessary for the City to construct the improvements under
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ORDINANCE AMENDING ORDINANCES 93 -97 AND 93 -98 -- Page 1
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its direction. If the applicant elects not to construct the required improvements, the
applicant shall, at the election of and within the sole discretion of city staff, either (a)
pay the City a lump sum of $129,000 increased by a reasonable rate for commercial
construction financing for any period after this ordinance is passed before such lump
sum is paid, or (b) provide complete engineering drawings and specifications for the
required improvements and pay the City a lump sum of $100,000 increased by a
reasonable rate for commercial construction financing for such period after this
ordinance is passed before such lump sum is paid.
Section 2. Conditions Precedent: The conditions of Ordinances 93 -97 and 93 -98 as
revised and amended by this ordinance shall be conditions precedent to the rezone, and
the property shall remain zoned Suburban Residential ( SR) unless and until all
conditions are satisfied, in which event it shall be zoned Light Industrial (M -1) and the
Official Yakima Urban Area Zoning Map shall be amended accordingly
Section 5. The City Clerk is hereby authorized and directed to file with the Yakima
County Auditor a certified copy of this ordinance; and
Section 6. Subject to the foregoing provisions and conditions precedent, 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, and this decision shall be final and conclusive
unless within 30 days from the date of final action by the City Council an aggrieved
party obtains an appropriate writ of judicial review from the Yakima County Superior
Court for the purpose of review of the action taken.
• PASSED BY THE CITY COUNCIL, signed and approved this 17th day of December, 1996
/ •
Al'1'EST yn B uchanan, Mayor
L
City Clerk
Publication Date: December 20, 1996
Effective Date: January 19, 1997
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ORDINANCE AMENDING ORDINANCES 93 -97 AND 93 -98 -- Page 2
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
IIP
Item No. 3 )
For Meeting Of Dec. 17. 1996
ITEM TITLE: Ordinance Modification - Abrams, Matthews Rezone
SUBMITTED BY Glenn J Valenzuela, Director, Community & Economic Devel•
CONTACT PERSON /TELEPHONE: Bruce Benson, Associate Planner 575 -60
SUMMARY EXPLANATION:
At a public meeting on November 2, 1993, the City Council approved Ordinances 93-
97 and 93 -98, rezoning property in the vicinity of 4400 Powerhouse Road from SR,
Suburban Residential to M -1, Light Industrial Both ordinances specified that a
combined payment of $100,000 would satisfy the roadway, curb, and sidewalk
construction requirements contained within the Hearing Examiner's recommendations.
The three year time limit for completion of all conditions of approval, as specified by
Section 2 of the Ordinances, has nearly expired and both applicants have expressed a
desire for an extension of the time limits. Council is now being requested to approve a
• modification to both ordinances permitting this extension
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL. C � � «, \
City anager
STAFF RECOMMENDATION Adopt modified ordinance prepared by Legal Division
BOARD RECOMMENDATION Hearing Examiner recommended approval of both rezones
on August 20, 1993
COUNCIL ACTION Ordinance passed. Ordinance No. 96 -87
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