HomeMy WebLinkAbout1993-098 Rezoning 4411 Powerhouse Road • ORDINANCE NO. 93- 98
AN ORDINANCE relating to zoning, rezoning property located at 4411
Powerhouse Road in Yakima, Washington, from SR
(Suburban Residential) to Light Industrial (M -1),
amending the zoning map of the City of Yakima, and
subject to all of the conditions contained in the Hearing
Examiner's Recommendation.
WHEREAS, on July 22, 1993, the Hearing Examiner held a public hearing
on an application submitted by Myron Abrams and George Mull for rezone of
property located 4411 Powerhouse Road in Yakima, Washington, the legal
description of which is set out in Exhibit "A ", from SR (Suburban Residential)
to M -1 (Light Industrial), and
WHEREAS, as a result of that hearing, the Hearing Examiner
recommended to the City Council that the rezone be granted subject to certain
conditions; and
WHEREAS, at its public meeting on November 2, 1993, the City Council
determined to accept the Hearing Examiner's recommendations and found that
• said recommendations are consistent with the considerations set forth in
Yakima Municipal Code Subsection 15 23 030(E) and should be adopted, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The decision of the Hearing Examiner recommending the
rezone of property located at 4411 Powerhouse Road in Yakima, Washington,
legally described in Exhibit "A," attached hereto and incorporated by
reference herein, from Suburban Residential (SR) to Light Industrial (M -1),
subject to certain conditions set forth in the Hearing Examiner's
Recommendation, is hereby affirmed, and the above - described property will
be rezoned to M -1 (Light Industrial) upon execution of the Concomitant
Agreement, a copy of which is attached hereto as Exhibit "B" and incorporated
herein The City Manager is hereby authorized and directed to execute said
Concomitant Agreement.
Section 2 This rezone is expressly made subject to the following
conditions subsequent, all of which must be satisfied within three (3) years
after the approval date of this ordinance:
A. Powerhouse Road shall be improved from the rezone's easterly
'boundary with Fred Meyer to the westerly boundary of the proposed
Page 1
(1s)ord /rezone powerhouse4 rp
rezone. This improvement shall consist of curb and gutter on both
sides, sidewalk on the northerly side, three traffic lanes and two class 2
bike paths. Total width of roadway from back of curb to back of curb
shall be 47 feet, with sidewalk being five feet wide. Street lights, of 35
feet installed height, shall be placed at 150 foot intervals. Additional
right -of -way will be required for these improvements. A total right -of-
way of 60 feet is required for the improvements contemplated. This
condition may, at the property owners' option, be satisfied by payment
to the city of the total sum of $100,000.00 in lieu of actual construction of
the improvements, which amount has been determined by the City
Engineer to be the current cost in 1993 dollars to construct said
improvements If this payment option is utilized in lieu of actual
construction, the property owners shall make an immediate down
payment of at least $20,000.00 to the City of Yakima, with a payment
plan, real property security, and legal instruments to be approved by
the Yakima City Finance Director and Yakima City Attorney The entire
$100,000 00 must be paid to the City of Yakima, with a market rate of
interest thereon, no later than five (5) years after the approval date of
this ordinance.
B Shared driveways are required with specific locations to be
approved by the city
G The existing sewer line shall be extended, within the right -of-
way of Powerhouse Road, to a point adjacent with the most
northwesterly boundary of the rezone area.
• A A six foot high, wooden, view obscuring fence shall be installed
along the property perimeter except where the perimeter follows the
right -of -way of Highway 12
Upon satisfaction of all of the foregoing conditions subsequent, the Director of
Community and Economic Development shall execute a recordable written
instrument certifying that all of the conditions have been satisfied, and this
certificate of satisfaction of conditions shall be recorded with the Yakima
County Auditor's Office.
Section 3 The City of Yakima Zoning Map shall be amended to
correspond to the rezone ordained by Section 1 of this ordinance upon
execution of the Concomitant Agreement.
Section 4 The Yakima City Council hereby adopts the findings and
conclusions pertaining to this rezone and contained in the Hearing Examiner's
Recommendation, City No. UAZO RZ #3 -93, Examiner's No I93 -2 -28, a true copy
of which Recommendation is attached hereto as Exhibit "C" and incorporated
by reference herein.
Section 5 The City Clerk is hereby authorized and directed to file with
the Yakima County Auditor a certified copy of this ordinance with exhibits.
Page 2
(1s)ord /rezone powerhouse4 rp
Section 6 Subject to the foregoing provisions, 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 and 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 2nri day of
November ,1993
9 eLt - y4A-4-011
ATTEST Mayor
i clhi2, A C ►+mac,
City Clerk
Publication Date: Friday, November 5, 1993
Effective Date: December 5, 1993
•
ft
Page 3
(1s)ord /rezone powerhouse4 rp
EXHIBIT 'A'
In Section 15, Township 13 North, Range 18, EW.M.
Beginning 1,692 4 feet East and 147 4 feet South of the Northwest
corner �f the Northwest quarter; thence South 523 feet; thence
North 73 °30' West 380 2 feet; thence North 52 °12' West 194 feet;
thence North 17 °13' East 113 feet; thence North 21 °45' West 15
feet; thence North 41 °09' East 207 7 feet; thence North 87 °11' East
353 5 feet to beginning.
EXCEPT the East 20 feet thereof;
AND EXCEPT the right -of -way for road along the South line.
Situated in Yakima County, State of Washington.
1
Page 1
(1s)rezone exhibit rp
CONCOMITANT AGREEMENT
Parties: The parties to this Agreement are the CITY OF YAKIMA, .a
municipal corporation and MYRON ABRAMS and GEORGE MULL.
Recitals:
1 MYRON ABRAMS and GEORGE MULL represent that they are the
owners of real estate described in Exhibit "1" to this Agreement, and are
authorized to deal with the CITY OF YAKIMA concerning such real estate,
which has been the subject of a rezone submitted under the Yakima Urban
Area Zoning Ordinance, seeking a rezone from SR (Suburban Residential) to
M -1 (Light Industrial)
2 The rezone has been approved by the Yakima City Council, subject
to execution of a Concomitant Agreement which requires that the property be
developed in compliance with this Agreement.
3 The rezone is a final decision, subject to implementation of the
various conditions of approval, including this Concomitant Agreement.
• 4 The intent of this Concomitant Agreement is to require
development of the real property described below in conformity with the terms
of the rezone approval, and to put future owners of the property on notice of
these development restrictions
5 The performance of the actions imposed through this Concomitant
Agreement will mitigate negative impacts that would otherwise create a public
burden, by placing such burden more directly on the party whose property use
will give rise to said burden.
Agreement: The parties agree as follows
1 Owner MYRON ABRAMS and GEORGE MULL are the owners of
the real estate legally described in Exhibit "1" to this Agreement.
2 Rezone Application The above - described real property is the
subject of a rezone application filed with the CITY OF YAKIMA under File No
UAZO RZ #3 -93, processed under Hearing Examiner No I93 -2 -28 and
approved by the Yakima City Council on November 2, 1993 as Ordinance No
93 -98
3 Property Development. Development of the property described in
IP this Agreement shall be processed pursuant to the ordinance, this Concomitant
Agreement, and the Urban Area Zoning Ordinance All costs associated with
implementing the improvements of this Agreement shall be the responsibility of
Page 1 of EXHIBIT B
Ilsl epr /concern lcenc2 ry
the property owner and /or developer and not the CITY OF YAKIMA, unless
• otherwise specified Within three (3) years after the approval date of Ordinance
No 93 -98 Owners shall fully satisfy and complete all of the following
conditions.
A. Powerhouse Road shall be improved from the rezone's easterly
boundary with Fred Meyer to the westerly boundary of the proposed
rezone This improvement shall consist of curb and gutter on both sides,
sidewalk on the northerly side, three traffic lanes and two class 2 bike
paths Total width of roadway from back of curb to back of curb shall be
47 feet, with sidewalk being five feet wide Street lights, of 35 feet
installed height, shall be placed at 150 foot intervals Additional right -of-
way will be required for these improvements A total right -of -way of 60
feet is required for the improvements contemplated
B Shared driveways are required with specific locations to be
approved by the city
C The existing sewer line shall be extended, within the right -of -way of
Powerhouse Road, to a point adjacent with the most northwesterly
boundary of the rezone area.
D A six foot high, wooden, view obscuring fence shall be installed
along the property perimeter except where the 'perimeter follows the
411 right -of -way of Highway 12
4 Covenant Running With the Land This Agreement is intended to
create and constitute an affirmative covenant running with the above - described
real estate, and the promises and agreements made herein shall be binding
upon the owners, contract purchasers, and their successors and assigns
5 Enforcement. This Agreement may be enforced by the CITY OF
YAKIMA, at its option, in an action for damages, specific performance,
injunctive relief, or other available procedures The CITY OF YAKIMA may, at
its option, use City forces or resources to construct the improvements and
satisfy the conditions contained herein, and shall be entitled to recovery from
owners the full costs of satisfying said conditions Violations of any of the
covenants or conditions contained herein shall also constitute a violation of
Title 15 of the City of Yakima Municipal Code
6 Recordation The parties understand and agree that this
Concomitant Agreement shall be recorded with the Yakima County Auditor's
Office after the appeal period for said rezone as provided for in Chapter 15 23
of the Yakima Municipal Code This requirement is waived in the event of a
valid appeal
7 Current Rezone Conditions The parties understand that the
conditions imposed by this Agreement are solely related to this rezone action
and in no, way restrict the imposition of the appropriate requirements or
Page 2 of 4
(1.) gr /concoaicarr2 rD
• restrictions that may be imposed in subsequent review of development
proposals
8 Integration This written document constitutes the entire and
exclusive agreement between the parties hereto No other understandings, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or bind any of the parties hereto No changes or additions to this
Agreement shall be valid or binding upon either party unless such change or
addition by in writing and executed by both parties
9 Litigation In the event that any suit or action is instituted by
either party to enforce compliance with or interpret any of the terms,
covenants, or conditions of this Agreement, the prevailing party shall be
entitled to collect, in addition to necessary court costs, such sums as the court
may adjudge as reasonable attorneys fees The venue for any action to enforce
or interpret this Agreement shall lie in Superior Court of Washington for
Yakima County, Washington
DATED this day of , 1993
CITY OF YAKIMA
11111 BY
DICK ZAIS, City Manager
STATE OF WASHINGTON )
ss
County of Yakima
I certify that I know or have satisfactory evidence that DICK ZAIS signed
this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the City Manager of the CITY OF YAKIMA to
be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED this day of , 1993
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
DATED this day of , 1993
410
MYRON ABRAMS
Page 3 of 4
Ilalagr /Concoaitant2.rp
® STATE OF WASHINGTON )
ss
County of Yakima )
I certify that I know or have satisfactory evidence that a legal
representative of MYRON ABRAMS signed this instrument and acknowledged it
to be his or her free and voluntary act for the uses and purposes mentioned in
the instrument.
DATED this day of , 1993
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires
DATED this day of , 1993
GEORGE MULL
111 STATE OF WASHINGTON )
ss
County of Yakima
I certify that I know or have satisfactory evidence that a legal
representative of GEORGE MULL signed this instrument and acknowledged it
to be his or her free and voluntary act for the uses and purposes mentioned in
the instrument.
DATED this day of , 1993
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires
Page 4 of 4
�. EXHIBIT '1'
In Section 15, Township 13 North, Range 18, EW.M.
Beginning 1,692 4 feet East and 147 4 feet South of the Northwest
corner of the Northwest quarter; thence South 523 feet; thence
North 73 °30' West 380.2 feet; thence North 52 °12' West 194 feet;
thence North 17 °13' East 113 feet; thence North 21 °45' West 15
feet; thence North 41 °09' East 207 7 feet; thence North 87 °11' East
353 5 feet to beginning.
EXCEPT the East 20 feet thereof;
AND EXCEPT the right -of -way for road along the South line.
Situated in Yakima County, State of Washington.
•
Page 1
(lslrezone exhibit rp