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Home My WebLink About1996-064 Rezone .r ORDINANCE NO. 96 - 61 AN ORDINANCE rezoning 10.23 acres in the vicinity of 4400 Powerhouse Road in Yakima, Washington, from Suburban Residential (SR) to Multi- Family Residential (R -3) and amending the zoning map of the Yakima Urban Area accordingly, and providing Class (2) approval of a 98 -unit mobile home park to be developed on the Subject Property WHEREAS, on June 13,1996, the Hearing Examiner Pro Tem conducted a duly convened public hearing on the application (UAZO RZ #4- 96 \CL(2) #20 -96) submitted by Robert J Reynolds on behalf of property owner Del Matthews, requesting amendment of the Official Yakima Urban Area Zoning Map within the City of Yakima and rezone from Suburban Residential (SR) to Multi- Family Residential (R -3) of 10.23 acres in the vicinity of 4400 Powerhouse Road in Yakima, Washington, (referred to below as "the Subject Property "), and Class (2) approval of a 98 -unit mobile home park to be developed on the Subject Property, which is Yakima County Assessor's Parcel #181310- 33001, and WHEREAS, by Recommendation dated July 15,1996, the Hearing Examiner Pro Tem recommended, subject to several conditions stated on page 13 of his Recommendation that the requested rezone be granted, and subject to several conditions stated on pages 13 through 15 of his Recommendation that the requested Class (2) approval be granted, and WHEREAS, on August 20 and September 3, 1996, the City Council duly conducted a public meeting to consider the proposed rezone and Class (2) approval and determined to adopt the Hearing Examiner Pro Tem's Recommendations, and WHEREAS, subject to conditions on the recommendation to approve the requested rezone stated on page 13 of the Examiner Pro Tem's Recommendation, (1) the Subject Property is suitable for uses permitted in the Multi- Family Residential (R -3) District and is compatible with the neighborhood, (2) there exists a public need for the proposed rezone, (3) since the existing zoning was established circumstances have changed and now make the proposed rezone appropriate, and (4) the proposed rezone is consistent with and complies with. (a) the requirements and considerations set forth in Yakima Municipal Code Chapter 15.23, (b) the goals and policies of the Yakima Urban Area Comprehensive Plan, (c) the intent of the Yakima Urban Area Zoning Ordinance, and (d) other applicable land use controls, and, WHEREAS, subject to the several conditions stated on pages 13 through 15 of the Examiner Pro Tem's Recommendation, the proposed Class (2) approval conforms with the requirements of City of Yakima Zoning Title, and other applicable land use controls, and WHEREAS, subject to the conditions recommended by the Hearing Examiner Pro Tem, the best interests of the City of Yakima would be advanced by the proposed rezone, and by granting the requested Class (2) approval, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City Council finds formally that, subject to satisfaction of the conditions precedent specified in Section 3 below: (1) the Subject Rezone Property is lap /zoning /rezones /rezone /land use approval ord 9/10/96 6:20 PM UAZO RZ #4- 96 \CL(2) #20 -96/ REYNOLDS \MATTHEWS REZONE & CLASS (2) APPROVAL ORDINANCE — Page 1 • suitable for uses permitted in the Multi- Family Residential (R -3) District and is • compatible with the neighborhood, (2) there exists a public need for the proposed rezone; (3) since the existing zoning was established circumstances have changed and now make the proposed rezone appropriate; and (4) the proposed rezone is consistent with and complies with. (a) the requirements and considerations set forth in Yakima Municipal Code Chapter 15.23, (b) the goals and policies of the Yakima Urban Area Comprehensive Plan, (c) the intent of the Yakima Urban Area Zoning Ordinance; and (d) other applicable land use controls. The Yakima City Council hereby adopts the findings, conclusions, and recommendation of the Hearing Examiner Pro Tem's Recommendation, Examiner No. I96 -2 -37, City No. UAZO RZ #4- 96 \CL(2) #20 -96, which is incorporated herein by reference. Section 2. Subject to conditions precedent specified in Section 3 below, the Official Yakima Urban Area Zoning Map within the City of Yakima is amended to rezone from Suburban Residential (SR) to Multi- Family Residential (R-3) 10.23 acres in the vicinity of 4400 Powerhouse Road in Yakima, Washington, (referred to below as "the Subject Rezone Property "), and legally described by the legal description attached to this ordinance as Exhibit A. Section 3. Conditions Precedent: The rezone provided herein shall not become effective unless and until all conditions on the rezone recommended by the Hearing Examiner Pro Tem on page 13 of his Recommendation are fully satisfied. Section 4. Class (2) Approval. Subject to the conditions on the requested Class (2) • approval recommended by the Hearing Examiner Pro Tem on pages 13 through 15 of his Recommendation, the requested Class (2) approval is granted. Section 5. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. Section 6. Subject to the foregoing provisions and conditions, 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 action 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 17 day of September, 1996. A I EST Lynn Buchanan, Mayor City Clerk Publication Date: 9- a° - 96 Effective Date: /6 94, • lap /zoning /rezones /rezone /land use approval ord 9/10/96 6:20 PM UAZO RZ #4- 96 \CL(2) #20 -96/ REYNOLDS \MATTHEWS REZONE & CLASS (2) APPROVAL ORDINANCE -- Page 2 LEGAL DESCRIPTION, A TRACT OF LAND IN THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION: THENCE NORTH ALONG THE EAST LINE 1005.0 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT -OF -WAY LINE OF THE STATE HIGHWAY; THENCE NORTH 61 WEST ALONG SAID LINE 754.5 FEET, MORE OR LESS TO THE WEST LINE OF SAID SECTION 10; THENCE SOUTH ALONG SAID SECTION LINE 750 FEET MORE OR LESS, TO A POINT 50 FEET NORTH OF THE CENTERLINE OF THE NACHES & COWICHE CANAL; THENCE EAST 16.5 FEET TO THE EAST LINE OF A DRIVEWAY; THENCE SOUTH ALONG SAID LINE 70 FEET, MORE OR LESS, TO THE CENTERLINE OF THE NACHES & COWICHE CANAL THENCE SOUTH 41 22' EAST 630 FEET TO A POINT OF INTERSECTION OF THE CENTERLINE OF PRIVATE DRIVEWAY AND THE CENTERLINE OF SAID CANAL; THENCE SOUTH 28'20' WEST ALONG THE CENTERLINE OF SAID DRIVEWAY 92.4 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE EAST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING; • EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR , HIGHWAY, BY INSTRUMENT RECORDED APRIL 9, 1959, UNDER AUDITOR'S FILE 1 NUMBER 1767448, IN VOLUME 594 OF DEEDS, RECORDS OF YAKIMA COUNTY, WASHINGTON; AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON FOR HIGHWAY IN YAKIMA COUNTY SUPERIOR COURT CASE NUMBER 52581, ON MARCH 26, 1970 PARCEL B BEGINNING AT A POINT 527 FEET EAST OF THE NORTHWEST CORNER OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST W.M.; THENCE SOUTH 60 EAST 210.1 FEET;; THENCE NORTH 102.6 FEET TO THE NORTH LINE OF SAID SECTION 15; THENCE WEST ALONG SAID SECTION LINE 183.3 FEET TO THE POINT OF BEGINNING; LESS RIGHT -OF -WAY FOR PUBLIC ROAD ALONG THE SOUTHERLY SIDE THEREOF. I 1 lap /zoning /rezones /rezone /land use approval ord 9/10/96 5:47 PM UAZO RZ #4-96 \ CL(2) #20-96/ p REYNOL D S \ M REZONE & CLASS (2) APPROVAL ORDINANCE -- EXHIBIT A BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 16 FOR MEETING OF: September 17. 1996 ITEM TITLE. Ordinance approving the rezone request by Robert Reynolds in the vicinity of 4400 Powerhouse Road and the Class (2) approval of a 98 -unit mobile home park on the subject property SUBMITTED BY Glenn J Valenzuela, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163 SUMMARY EXPLANATION. On September 3, 1996 the City Council voted to approve the rezone request by Robert Reynolds from SR, Suburban Residential to R -3, Multi - Family Residential in the vicinity of 4400 Powerhouse Road, and providing Class (2) approval of a 98 -unit mobile home park on the Subject Property Resolution _ Ordinance X Contract _ O (Specif ), Funding Source �/. APPROVAL FOR SUBMITTAL / ��-- = (, Cit Manager STAFF RECOMMENDATION Adopt legislation prepared by City Legal Department BOARD RECOMMENDATION Hearing Examiner recommends approval with conditions COUNCIL ACTION Voted to approve the requested rezone