HomeMy WebLinkAbout2000-007 Approving expansion of Golden Villa Mobile Home Park (18 West Washington)Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2000-07
(RE: Golden Villa Mobile Home Park Expansion)
City of Yakima
Brad Downey, Developer/Owner
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Party:
Legal Description: Part of Section 31, Township 13 North, Range 19 East W.M.
Parcel Number: 191331-42017
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ORDINANCE NO. 2000 — 07
AN ORDINANCE concerning land use and zoning and, subject to conditions,
approving a proposed expansion of the Golden Villa Mobile Home
Park, 18 West Washington Avenue, and authorizing an exchange
of undeveloped Corpman Lane right-of-way for property needed
for a hammerhead turnaround, and authorizing the City Manager
to execute necessary instruments including a development
agreement and a quit claim deed.
WHEREAS, Brad Downey ("Applicant" and "Owner") requested: (1) expansion of the
Golden Villa Mobile Home Park, 18 West Washington Avenue (the "Expansion") onto
land, Yakima County Assessor's Parcel #191331-42017 (the "Subject Property"), adjacent
to the existing mobile home park; and (2) vacation of undeveloped Corpman Lane right-
of-way which is surrounded on three sides by the Subject Property; and
WHEREAS, the Golden Villa Mobile Home Park is a legal nonconforming use in the
Light Industrial (M-1) zone, and therefore the requested Expansion coupled with the
requested right-of-way vacation has been reviewed as a Master Application which may
be concluded by City Council action on a recommendation from the Hearing Examiner;
and
WHEREAS, on November 10, 1999, the City of Yakima Hearing Examiner conducted a
duly convened, open -record public hearing regarding the requested Expansion and
right-of-way vacation and, after considering the contents of the file and evidence
received at the public hearing, issued his Examiner's Recommendation, Examiner
No. IU99-8-18, dated December 21, 1999; and
WHEREAS, the Hearing Examiner recommended that, subject to certain conditions
stated on pages 9-12 of the Recommendation, the requested Expansion and right-of-way
vacation should be approved; and
WHEREAS, at a public meeting duly convened on January 18, 2000, which was
continued to February 1, 2000, for public hearing on a draft Development Agreement
which included a notice to prospective tenants and residents regarding nearby industrial
activities, the City Council duly considered the requested Expansion and right-of-way
vacation, including the testimony, documents and other evidence which comprise the
record developed before the Hearing Examiner, the Hearing Examiner's
Recommendation, and the statements of interested persons; and
WHEREAS, the requested right-of-way vacation concerns real property in which the
City acquired a fee title interest rather than an easement interest; and
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WHEREAS, the requested Expansion satisfies the requirements for expansion of a legal
nonconforming use; and
WHEREAS, in consideration of the Findings and Conclusions stated below, and subject
to the conditions stated in this ordinance, it is in the best interests of the City to approve
the requested Expansion and to vacate the right-of-way by exchange of deeds as
provided below; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. Hearing Examiner's Recommendation Affirmed: Subject to conditions
stated on pages 9-12 of the Hearing Examiner's Recommendation and in the following
portions of this ordinance, the City Council affirms the Hearing Examiner's
Recommendation to approve the requested expansion of the Golden Villa Mobile Home
Park, 18 West Washington Avenue, onto the Subject Property and to vacate the
undeveloped Corpman Lane right-of-way.
Section 2. Subject Property: The property subject to this ordinance is identified by the
Yakima County Assessor as Tax Parcel #191331-42017 and is legally described as
follows:
Parcel A—The Northeast Quarter of the Northeast Quarter of the
Southwest Quarter,
EXCEPT the North 33 feet thereof for roadway.
Parcel B — The West half of the Northwest Quarter of the Northwest
Quarter of the Southeast Quarter,
EXCEPT the North 33 feet thereof for roadway.
Parcel C— The East half of the Northwest Quarter of the Northwest
Quarter of the Southeast Quarter,
EXCEPT the North 350 feet and the West 33 feet thereof,
AND EXCEPT the West 30 feet of the East 180 feet of the South 90 feet of
the North 440 feet thereof.
Parcel D — The West 33 feet of the East half of the Northwest Quarter of the
Northwest Quarter of the Southeast Quarter,
EXCEPT the North 33 feet thereof for roadway.
Parcel E—The North 325 feet of the Southeast Quarter of the Northeast
Quarter of the Southwest Quarter,
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EXCEPT the West 30 feet thereof for roadway.
All in Section 31, Township 13 North, Range 19 East W. M.
Section 3. The City Council adopts the findings and conclusions of the Hearing
Examiner's Recommendation, Examiner No. IU99-8-18, dated December 21, 1999, which
is incorporated by reference as part of this ordinance, subject to the following:
Because the requested right-of-way vacation concerns real property in which the City
acquired a fee title interest rather than an easement interest, that portion of the right-of-
way which is not needed for the hammerhead turnaround on the Subject Property shall
be conveyed by quit claim deed from the City to the owner of the Subject Property. In
consideration of the City's conveyance of undeveloped right-of-way and in order to
establish the hammerhead turnaround, the Applicant shall convey to the City by
statutory warranty deed such property as, in the judgment and sole discretion of the
City Engineer, is necessary to establish the hammerhead turnaround. The City's
obligation to convey shall arise only after the Owner(s) convey property needed for the
hammerhead to the City.
Section 4. General Conditions: The Expansion approved and the exchange of real
property authorized by this ordinance is expressly conditioned on the following:
A. All conditions stated on pages 942 of the Hearing Examiner
Recommendation must be satisfied, except as they are modified or superceded by
the terms of this ordinance, including the attached Development Agreement.
B. The Subject Property shall be developed according to a Final Site Plan
which shall be submitted to and approved by the City Planning Division prior to
issuance of a Certificate of Zoning Review or building permit pursuant to YMC
15.12.050. Such Final Site Plan shall conform substantially to the site plan
reviewed by the Hearing Examiner and the City Council and shall demonstrate
compliance with the Yakima Municipal Code and the conditions stated on
pp. 9-12 of the Hearing Examiner Recommendation and terms of this ordinance.
Such Final Site Plan must be submitted and approved before any mobile homes
may be moved onto the Subject Property.
C.
The hammerhead turnaround on the Subject Property shall be paved.
D. No mobile homes may be moved onto new spaces, nor may any of the
new spaces on the Subject Property otherwise be occupied until construction of
the fence around the perimeter of the Subject Property, installation of sewer and
domestic water infrastructure, and paving of internal roads are complete.
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Section 5. Conditions Precedent: The approval granted by this ordinance to expand
the mobile home park onto the Subject Property is made expressly subject to satisfaction
of the following conditions precedent:
A. The owner(s) must execute and record the Development Agreement
attached as "Attachment A," provided: The Applicant shall provide a title report
which is up to date when the Development Agreement is to be executed, and the
attached Development Agreement shall be revised to identify the owner(s) of or
other parties interested in the Subject Property, if in the opinion of the City
Attorney such revision is necessary to ensure that the Development Agreement
shall govern use of the Subject Property even after it may be transferred to other
persons or entities.
B. The owner(s) of the Subject Property shall convey to the City by statutory
warranty deed such property as, in the judgment and sole discretion of the City
Engineer, is necessary to establish the hammerhead turnaround. Upon delivery
of such deed to the City, the owner(s) of the Subject Property shall be entitled to
receive from the City a quit claim deed which conveys to such owner(s) that
portion of the Corpman Lane right-of-way which is not needed for the
hammerhead turnaround on the Subject Property.
Section 6. The City Manager is authorized to execute the Development Agreement
attached as "Attachment A," provided that the attached Development Agreement shall
be revised to identify the owner(s) of or other parties interested in the Subject Property,
if in the opinion of the City Attorney such revision is necessary to ensure that the
Development Agreement shall govern use of the Subject Property even after it may be
transferred to other persons or entities.
Section 7. The City Manager is authorized to execute a quit claim deed to convey to
the owner(s) of the Subject Property that portion of the Corpman Lane right-of-way
which is not needed for the hammerhead turnaround on the Subject Property.
Section 8. The City Clerk is hereby authorized and directed to file a certified copy of
this ordinance, including the Development Agreement, with the Yakima County
Auditor.
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Section 9. 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
21 days from the date this ordinance is passed by the City Council an aggrieved party
commences proceedings for review pursuant to the provisions of Chapter 36.70C RCW.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
15th day of February, 2000.
SI MARY PLACE
ATTEST:
IV KAREN S. ROBERTS, CMC
City Clerk
Publication Date:
2-18-2000
Effective Date: 3-19-2000
Certified to be a true and correct copy of the
@'_j
original filed '-,: my office.
Mary Place, Mayor
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Return to:
CITY CLERK
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
DEVELOPMENT AGREEMENT
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PARTY: CITY OF YAKIMA
PARTY: BRAD DOWNEY
LEGAL DESCRIPTION: Part of Section 31, Township 13 North, Range 19 East W. M.
Yakima County Assessor's Parcel #191331-42017
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is made_as of this day of
, 2000, by the City of Yakima, Washington, a municipal corporation
established under the laws of the State of Washington (the "City"), and BRAD DOWNEY
and JANE DOE DOWNEY ("Developer" or "Owner").
RECITALS
A. Developer owns the Subject Property described below and also owns the
Golden Villa Mobile Home Park, which was legally established in 1970 and which lies on
property adjacent to the Subject Property. Developer has requested, first, land use and
zoning approval to expand the Golden Villa Mobile Home Park on the Subject Property,
and second, vacation or conveyance of the City's interest in a 30 foot by 90 foot section of
undeveloped right-of-way for Corpman Lane. The Subject Property is comprised of
Yakima County Assessor's Parcel #191331-42017 and is legally described as follows:
Parcel A — The Northeast Quarter of the Northeast Quarter of the Southwest Quarter,
EXCEPT the North 33 feet thereof for roadway.
Parcel B —The West half of the Northwest Quarter of the Northwest Quarter of
the Southeast Quarter,
EXCEPT the North 33 feet thereof for, roadway.
Parcel C — The East half of the Northwest Quarter of the Northwest Quarter of the
Southeast Quarter,
EXCEPT the North 350 feet and the West 33 feet thereof,
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AND EXCEPT the West 30 feet of the East 180 feet of the South 90 feet of the
North 440 feet thereof.
Parcel D — The West 33 feet of the East half of the Northwest Quarter of the
Northwest Quarter of the Southeast Quarter,
EXCEPT the North 33 feet thereof for roadway.
Parcel E—The North 325 feet of the Southeast Quarter of the Northeast Quarter of
the Southwest Quarter,
EXCEPT the West 30 feet thereof for roadway.
All in Section 31, Township 13 North, Range 19 East W. M.
B. The Subject Property is zoned Light Industrial (M-1) and lies close to the
Yakima Plant of the Longview Fibre Company, a large industrial development which
involves substantial industrial activity 24 hours a day including, without limitation,
noise generated by industrial machinery, exhaust and noise generated by semi -truck
traffic and other motor vehicles, and night lighting of the industrial facilities. The
nearby industrial activity at the Longview Fibre Company plant exists rightfully. As a
consequence of the nearby industrial activities, some people may find the Subject
Property unsuitable for their personal residential use.
C. The City is willing to grant land use and zoning approval to expand the
Golden Villa Mobile Home Park to allow the Developer to establish additional mobile
home residences on the Subject Property and to exchange property, in effect "vacating"
the undeveloped right-of-way, but only upon those conditions stated in the Hearing
Examiner's Recommendation, the ordinance in which this development agreement is
incorporated, and this development agreement.
DEVELOPMENT AGREEMENT
In consideration of the mutual promises herein, the City and the Developer agree
as follows:
1. Developer stipulates that, for the purposes of establishing and enforcing this
development agreement, the City's current development regulations are "development
regulations adopted by a local government planning under chapter 36.70A RCW,"
according to the provisions of RCW 36.70B.170.
2. Developer covenants to provide the following notice in a clear written form to
prospective tenants and/or residents before they enter into any obligations associated
with tenancy or residence on the Subject Property and to obtain written
acknowledgment of such notice from such prospective tenants and or residents,
witnessed by the owner or manager of the mobile home park, before any obligations
associated with tenancy or residence on the Subject Property are established:
NOTICE OF INDUSTRIAL ACTIVITIES
NEAR GOLDEN VILLA MOBILE HOME PARK
ORDINANCE APPROVING EXPANSION OF MOBILE HOME PARK
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Industrial activities near this mobile home park are likely to be noticed by people living or
visiting here. Before you make this mobile home park your home, you should consider the
following information and decide whether you would be happy living here.
This mobile home park is located in an industrial land use zone (Light Industrial (M-1)), and
is close to a large industrial plant operated by the Longview Fibre Company, as well as other
properties that are zoned and used for industrial activities.
You should understand that the nearby industrial activities are legal. Such activities will not
be subject to reduction, elimination, correction, or other abatement because you or others
living in or visiting this mobile home park consider such activities to be a nuisance due to
effects, such as those described below, which do not normally occur in residential areas.
If you decide to make this mobile home park your home, you and your visitors may expect
nearby, at any time of day or night, effects of industrial activities greater than and/or
otherwise distinct from what is commonly expected and accepted in residential zoning
districts. Specific industrial activities, patterns of industrial activity, and effects may change
in the future. Such activities and effects nearby may include:
• Commercial truck and other commercial motor vehicle traffic, and associated
noise, lighting, and exhaust.
Machinery associated with industrial manufacturing, storage and distribution
facilities, and associated noise, lighting, and exhaust.
You are encouraged to inquire among tenants and residents of this mobile home park what
it is like to live here.
You should not choose to become a tenant or resident of this mobile home park unless
you accept the presence and effects of the industrial activities near this mobile home
park.
ACKNOWLEDGEMENT
I have read and understand this notice. I expect and will accept normal industrial
activities near this mobile home park.
Dated Resident
WITNESSED
Dated Mobile Home Park Owner or Manager
3. In addition to obtaining prospective residents' and tenants' written
acknowledgement of the notice stated above, legible copies (at least 12 point font) of the
above notice shall be posted conspicuously and continuously in the manager's office and
on the Club House bulletin board on the Subject Property.
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4. If the owner/developer or his/its successors or assigns change the name of
the mobile home park, the name of the park stated in the above notice shall be changed
accordingly.
5. The Hearing Examiner's Recommendation, Examiner No. IU99-8-18, dated
December 21, 1999, is incorporated by reference in this Agreement. The conditions
stated as part of the Recommendation from page 9 to page 12 are conditions of this
Agreement, except insofar as they are inconsistent with the provisions and terms of this
Agreement or the Ordinance approving the expansion of the Golden Villa Mobile Home
Park.
6. The Developer shall execute and deliver to the City a statutory warranty deed,
subject to the approval of the City Attorney, to convey to the City the real property
necessary to establish the hammerhead "1" turnaround for Corpman Lane, discussed in
terms of "Right -of -Way Vacation" throughout review of this application and in the
Hearing Examiner's Recommendation.
7. The City shall execute and deliver to the Developer a quit claim deed to
convey the undeveloped portion of Corpman Lane that is not necessary to establish the
hammerhead "T" turnaround for Corpman Lane.
8. The hammerhead turnaround on the Subject Property shall be paved.
9. Pursuant to the provisions of RCW 36.70B.190, this development agreement is
binding on the City and the Developer and their successors, and this agreement shall be
recorded with the real property records of Yakima County. The Developer at its expense
shall do such recording.
10. Notices and Demands. Any notice or demand which either party hereto is
required or desires to give to or make upon the other shall be in writing and shall be
delivered or made by United States registered or certified mail, return receipt requested,
postage prepaid, addressed as follows:
In the case of the City to:
City of Yakima
c/o City Manager
129 North Second Street
Yakima, WA 98901
In the case of the Developer to:
Brad Downey
c/o Property Manager
Golden Villa Mobile Home Park
18 West Washington Avenue
Yakima, WA 98903
11. Venue and Applicable Law. Venue of any action based on this agreement
shall be laid in Yakima County, Yakima, Washington, and this Agreement shall be
construed according to the laws of the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the day and year first above written.
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By
The City of Yakima
CITY MANAGER
ATTEST:
City Clerk 3-/-00
State of Washington
ss:
County of -Y.a.kiffra /'irsAP )
On this day personally appeared before me Brad Downey, to me known to be the
individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the
uses and purposes therein mentioned.
By
Developer/Owner
BRAD DOWNEY
City Contract No. 2000-24
Ordinance No. 2000-07
DATED:
3/2_ --/)-e7-79-0
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of Feb. 15. 2000
ITEM TITLE: Adopt Ordinance on Golden Villa Mobile Home Park's expansion and right-of-way
vacation request for a portion of Corpman-Lane.
SUBMITTED BY: iam R. Cook, Director of Community Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner - 575-6042
SUMMARY EXPLANATION: On February 1, 2000, the City Council voted to accept the
Hearings Examiner's recommendation to approve a 32 space expansion of the Golden Villa
Mobile Home Park as well as approve the vacation of a 30 foot by 90 foot section of the right-of-
way for Corpman Lane. Attached for your action is the Ordinance and Development Agreement
which will effect these changes.
Resolution Ordinance X Other (Specify) Development Agreement
Contract Mail to (name and
address):
Phone:
Funding Source N/A
APPROVED FOR SUBMITTAL: /1--0e.tA A /`! City Manager
STAFF RECOMMENDATION: Adopt Ordinance.
BOARD/COMMISSION RECOMMENDATION: The Hearing Examiner recommended approval
of these requests on November 10, 1999.
COUNCIL ACTION: