HomeMy WebLinkAbout1998-010 Rezone Powerhouse Road / Pecks Canyon Road n^ r
ORDINANCE NO. 98- 10
AN ORDINANCE concerning land use and zoning, rezoning a parcel in
the vicinity of Powerhouse Road and Peck's Canyon
Road (Section 10, Township 13 North, Range 18.
E.W.M.) from Suburban Residential (SR) to Light
Industrial (M -1) and Multi- Family Residential (R -3) and
amending the zoning map of the Yakima Urban Area
accordingly.
WHEREAS, Larry and Patricia Brader (hereafter referred to as the
"Applicant ") have, by application filed under Department of Community and
Economic Development file UAZO Rezone #6 -97 and EC #23 -97, requested
rezone from Suburban Residential (SR) to Light Industrial (M -1) and Multi -
Family Residential (R -3) of a parcel of land in the vicinity of Powerhouse
Road and Peck's Canyon Road in Yakima, Washington (Yakima County
Assessor's Parcel #181310 - 3308), (referred to below as "the Subject Rezone
Property ") and amendment of the Official Yakima Urban Area Zoning Map;
and
WHEREAS, on December 11, 1997, the City of Yakima Hearing Examiner
conducted a duly convened public hearing regarding the rezone and, after
considering the contents of the file and statements of interested persons at
the public hearing, issued his Examiner's Recommendation, Examiner
No. IU97 -2 -75, dated December 24, 1997; and
WHEREAS, the Hearing Examiner recommended approval of the requested
rezones subject to the conditions that:
1) improvements required as conditions of approval in two previous
rezone actions pertaining to adjacent properties (UAZO -3 -1993
(Abrams - Matthews) and UAZO -4 -1996 (Reynolds)) be completed; and
2) access from Powerhouse Road to the M -1 property utilizing either of
the two new driveway curb cuts on Powerhouse Road shall be provided
by either:
a) a minimum 30 foot wide access and public utility easement, or
b) merger of parcels, or
c) lot line adjustment;
and ,
3) Standard C site screening between the M -1 and R -3 zones shall be
installed prior to development of any of the M -1 property; and
ORDINANCE: BRADER - POWERHOUSE ROAD REZONE Page 1
WHEREAS, on February 3, 1998, the City Council duly concluded a public
hearing to consider the proposed rezones and the Hearing Examiner's
Recommendation; and
WHEREAS, after considering the contents of the file and the statements of
interested persons, the City Council finds with respect to the requested
rezone that:
1. The two portions of the Subject Rezone Property are respectively suitable
for uses permitted in the Light Industrial (M -1) and Multi - Family
Residential (R -3) zoning districts;
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing zoning was established
which now make the requested rezone appropriate; and
4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in chapter 15.23 of the
Yakima Municipal Code;
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, it is in the best interests of the City and its people to adopt the
Hearing Examiner's findings and conclusions and recommendation and to
approve the requested rezones subject to the conditions recommended by the
Hearing Examiner; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference
the findings and conclusions and recommendations of the Hearing
Examiner's Recommendation, Examiner No IU97 -2 -75, City Nos. UAZO
Rezone #6 -97 and UAZO EC #23 -97, issued December 24, 1997.
Section 2. The Subject Rezone Property is now Yakima County Assessor's
Parcel #181310-33008, and shall be rezoned, one part to R -3, and the
remainder to M -1, as follows:
A. The portion of the Subject Rezone Property to be rezoned to R -3 is
legally described as:
That portion of the East half of the West half of the Southwest quarter of
Section 10, Township 13 North, Range 18 E.W.M. described as follows:
Beginning at the Southwest corner of said subdivision; thence North 90° 00'
East, along the South line thereof, 53.36 feet; thence North 00° 00' 36" East,
parallel with the West line of said subdivision, 354.20 feet; thence North 90°
00' East 100 feet, more or less, to the Southwesterly right - - way line of
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ORDINANCE: BRADER - POWERHOUSE ROAD REZONE Page 2
SR -12; thence Northwesterly along said right -of -way line to the West line of
said subdivision; thence South 00° 00' 36" East, along said subdivision line,
553.47 feet to the point of Beginning.
B. The portion of the Subject Rezone Property to be rezone to M -1 is
legally described as:
That portion of the Southwest quarter of Section 10, Township 13 North,
Range 18 E.W.M. described as follows:
Beginning at the Southwest corner of the East half of the West half of the
Southwest quarter of said Section 10; thence North 90° 00' East, along the
South line of said Southwest quarter, 53.36 feet; thence North 0° 00' 36"
East, parallel with the West line of the East half of the West half of the
Southwest quarter of said Section 10, 354.20 feet; thence North 90° 00' East
100 feet, more or less, to the Southwesterly right -of -way line of SR12; thence
Southeasterly along said right -of -way line to the South line of said
Section 10; thence North 90° 00' West, along said subdivision line, 692.95
feet to the Point of Beginning.
Section 3. Subject to the conditions stated in Section 5 below, the City
Council finds formally that:
1.' The above described portions of the Subject Rezone Property are
respectively suitable for uses permitted in the Light Industrial (M -1) and
Multi - Family Residential (R -3) zoning districts;
2. There exists a public need for the requested rezones;
3. Circumstances have changed since the existing zoning was established
which now make the requested rezones appropriate; and
4. The requested rezones are consistent with and comply with:
a. The requirements and considerations set forth in Chapter 15.23
Yakima Municipal Code;
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.
Section 4. Subject to the conditions stated in Section 5 below, the
requested rezones are granted and the Official Yakima Urban Area Zoning
Map within the City of Yakima is amended accordingly to rezone the Subject
Rezone Property from Suburban Residential (SR) partly to Light Industrial
(M -1) and partly to Multi - Family Residential (R -3) .
Section 5. Conditions: The rezones provided herein are expressly
conditioned on satisfactory performance by the applicant of the following
conditions which are essential terms of the development agreement attached
to and hereby made part of this ordinance:
ORDINANCE: BRADER - POWERHOUSE ROAD REZONE Page 3
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1) Improvements required as conditions of approval in two previous rezone
actions pertaining to adjacent properties (UAZO -3 -1993 (Abrams -
Matthews) and UAZO -4 -1996 (Reynolds)); and
2) access from Powerhouse Road to the M -1 property utilizing either of the
two new driveway curb cuts on Powerhouse Road shall be provided by
either:
a) a minimum 30 foot wide access and public utility easement, or
b) merger of parcels, or
c) lot line adjustment;
and
3) Standard C site screening between the M -1 and R -3 zones shall be
installed prior to development of any of the M -1 property.
Section 6. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
Section 7. 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 . day of March, 1998.
John Puccinelli, Mayor
Al'1'EST:
City Clerk
Publication Date: 3 gg .
Effective Date: s9
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ORDINANCE: BRADER - POWERHOUSE ROAD REZONE Page 4
Filed at request of
and return to:
CITY CLERK
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
DEVELOPMENT AGREEMENT
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GRANTOR: CITY OF YAKIMA
GRANTEE: LARRY BRADER AND PATRICIA BRADER
LEGAL DESCRIPTION (abbreviated): A portion of the Southwest quarter
of Section 10, Township 13 North, Range 18 E.W.M.
Additional legal on pages 2 and 3 of attached Ordinance.
Assessor's Tax Parcel: #181310-33008
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement ") is made as of this
day of , 1998, by the City of Yakima, Washington,
a municipal corporation organized under the laws of the State of Washington
(the "City ") and Larry Brader and Patricia Brader, individually and as a
marital community ( "Developer ").
RECITALS
A. Developer has requested that the Subject Property described
below be rezoned from Suburban Residential (SR) to Light Industrial (M -1)
and Multi- Family Residential (R -3). The Subject Property constitutes
Assessor's Tax Parcel: #181310-33008 and is legally described as follows:
A. The portion of the Subject Property to be rezoned to R -3 is legally
described as:
That portion of the East half of the West half of the Southwest quarter of
Section 10, Township 13 North, Range 18 E.W.M. described as follows:
Beginning at the Southwest corner of said subdivision; thence North 90° 00'
East, along the South line thereof, 53.36 feet; thence North 00° 00' 36" East,
parallel with the West line of said subdivision, 354.20 feet; thence North 90°
00' East 100 feet, more or less, to the Southwesterly right -of -way line of
SR -12; thence Northwesterly along said right -of -way line to the West line of
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ORDINANCE: BRADER POWERHOUSE ROAD REZONE Development Agreement - Page 1
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said subdivision; thence South 00° 00' 36" East, along said subdivision line,
553.47 feet to the point of Beginning.
B. The portion of the Subject Property to be rezoned to M -1 is legally
described as:
That portion of the Southwest quarter of Section 10, Township 13 North,
Range 18 E.W.M. described as follows:
Beginning at the Southwest corner of the East half of the West half of the
Southwest quarter of said Section 10; thence North 90° 00' East, along the
South line of said Southwest quarter, 53.36 feet; thence North 0° 00' 36"
East, parallel with the West line of the East half of the West half of the
Southwest quarter of said Section 10, 354.20 feet; thence North 90° 00' East
100 feet, more or less, to the Southwesterly right -of -way line of SR12; thence
Southeasterly along said right -of -way line to the South line of said
Section 10; thence North 90° 00' West, along said subdivision line, 692.95
feet to the Point of Beginning.
Situated in Yakima County, Washington
The approvals necessary at this time for the Developers' requested
rezone include rezoning the Subject Property, then possible boundary line
adjustment and /or boundary line adjustments. However, other land use
and building project permit approvals shall be required if and when the
Developers undertake any specific projects to develop the Subject Property. If
and when they apply for such project permit approvals, Developers shall
comply with the requirements of applicable laws in effect at the time of such
application(s).
B. The City is willing to rezone the Subject Property from Suburban
Residential (SR) to Light Industrial (M -1) and Multi- Family Residential (R -3),
but only on the conditions that:
1) Improvements required as conditions of approval in two previous
rezone actions pertaining to adjacent properties (UAZO -3 -1993
(Abrams- Matthews) and UAZO -4 -1996 (Reynolds)) be completed; and
2) Access from Powerhouse Road to the M -1 property utilizing either of
the two new driveway curb cuts on Powerhouse Road shall be provided
by either:
a) A minimum 30 foot wide access and public utility easement, or
b) Merger of parcels, or
c) Lot line adjustment;
3) Standard C site screening between the M -1 and R -3 zones shall be
installed prior to development of any of the M -1 property.
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ORDINANCE: BRADER POWERHOUSE ROAD REZONE Development Agreement - Page 2
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AGREEMENT
In consideration of the mutual promises herein, the City and the
Developers agree as follows:
1. Developers stipulate 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. The City shall rezone the Subject property from Suburban
Residential (SR) to Light Industrial (M -1) and Multi- Family Residential (R -3).
3. Developers shall:
(a) Complete improvements required as conditions of approval in
two previous rezone actions pertaining to adjacent properties
(UAZO -3 -1993 (Abrams- Matthews) and UAZO -4 -1996
(Reynolds)); and
(b) Provide access from Powerhouse Road to the M -1 property
utilizing either of the two new driveway curb cuts on
Powerhouse Road by either:
(i) a minimum 30 foot wide access and public utility
easement, or
(ii) merger of parcels, or
(iii) lot line adjustment;
(c) Install Standard C site screening between the M -1 and R -3
zones prior to development of any of the M -1 property.
4. Pursuant to the provisions of RCW 36.70B.190, This
development agreement is binding on City and the Developers and their
successors, and this agreement shall be recorded with the real property
records of Yakima County. Such recording shall be done by the Developers
at their expense.
5. 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:
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ORDINANCE: BRADER POWERHOUSE ROAD REZONE Development Agreement - Page 3
In the case of the City to: In the case of the Developer to:
City of Yakima Larry Brader and Patricia Brader
c/o City Manager 706 Fairway Drive
129 North Second Street Yakima, WA 98901
Yakima, WA 98901
6. Venue and Applicable Law. Developers agree that the venue of
any action hereon shall be laid in Yakima County, Yakima, Washington, and
that 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.
The City of Ya kima, . Developers
a Washington municipal
corporation
By Larry Brader
R. A. Zais, Jr.
City Manager
'.,s8,/..as, ''r Patricia Brader
ATTEST: k
G � `lEr'`�'� • f Contract No. 98 -28
f -��- Ordinance No. 98 -10
City Clerk 0"
State of Washington
ss:
County of Yakima
On this day personally appeared before me Larry Brader and Patricia Brader
to me known to be the individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same as their free and
voluntary act and deed, for the uses and purposes therein mentioned.
DATED:
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
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ORDINANCE: BRADER POWERHOUSE ROAD REZONE Development Agreement - Page 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No, l5
For Meeting Of March 3. 1998
ITEM TITLE: Ordinance Adoption - Brader Rezone
SUBMITTED BY: Glenn K Rice, Acting Director, Community & Economic Development
CONTACT PERSON /TELEPHONE: Bruce Benson, Associate Planner 575 -6042
SUMMARY EXPLANATION:
BACKGROUND
On February 3, 1998, the City Council voted to accept the Hearings Examiner's
recommendation to rezone approximately 3.52 acres of property from SR, Suburban
Residential to M -1, Light Industrial and R -3, Multi - Family Residential. Attached for your
action is the Rezone Ordinance which will effect this change.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
— City Manager
STAFF RECOMMENDATION: Adopt Ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone on
December 24, 1997.
COUNCIL ACTION: