HomeMy WebLinkAbout1998-016 Rezone ORDINANCE NO. 98- 16
AN ORDINANCE concerning land use and zoning, rezoning three parcels
addressed as 3701, 3701 and 3703 Englewood
Avenue from Multi- Family Residential (R -3) to
Professional Business (B -1) and amending the zoning
map of the Yakima Urban Area accordingly.
WHEREAS, Gary Lukehart (hereafter referred to as the "Applicant ") has, by
application filed under Department of Community and Economic
Development file UAZO RZ #7 -97 and EC #26 -97, requested amendment of
the Official Yakima Urban Area Zoning Map to rezone three parcels of land
addressed as 3701, 3701 and 3703 Englewood Avenue in Yakima,
Washington (Yakima County Assessor's Parcels #181315-43003, #181315-
43004, and #181315-43005) (referred to below as "the Subject Property")
from Multi - Family Residential (R -3) to Professional Business (B -1); and
WHEREAS, on January 8, 1998, the City of Yakima Hearing Examiner
conducted a duly convened open record public hearing regarding the
requested rezone and, after considering the record including the contents of
the file and statements of interested persons, issued his Examiner's
Recommendation, Examiner No. IU98 -2 -1, dated January 26, 1998; and
WHEREAS, the Hearing Examiner recommended approval of the requested
rezone subject to the condition that a development agreement prohibiting all
vehicular access to Englewood Avenue from the subject properties and
providing an alternative access, if needed, for parcel #181315-43004 be
recorded with the Yakima County Auditor.
WHEREAS, on March 3, 1998, the City Council duly conducted a closed
record public hearing to consider the requested rezone and the Hearing
Examiner's Recommendation; and
WHEREAS, after considering the record including the contents of the file
and the statements, of interested persons and the Hearing Examiner's
Recommendation, the City Council finds with respect to the requested rezone
that:
1. The Subject Property is suitable for uses permitted in the Professional
Business (B -1) zoning district;
2. There exists a public need for the requested rezone;
3. Since the existing zoning was established, circumstances have changed
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;
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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
WHE ' EAS, 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 rezone subject to the condition 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 IU98 -2 -1, City Nos. UAZO RZ
#7 -97 and UAZO EC #26 -97, issued January 26, 1998.
Section 2. The Subject Property shall be rezoned to B -1 as follows:
A. The portion of the Subject Property at 3701 and 3701 Englewood
(Yakima County Assessor's Parcel #181315-43004 and #181315-43005) is
legally described as:
The East 70 feet of the North 235 feet of the South 255 feet of the
Southwest quarter of the Southwest quarter of the Southeast quarter
of Section 15, Township 13 North, Range 18, E.W.M.
B. The portion of the Subject Property at 3703 Englewood (Yakima
County Assessor's Parcel #181315-43003) is legally described as:
The West 95 feet of the East 165 feet of the North 235 feet of the South
255 feet of the Southwest quarter of the Southwest quarter of the
Southeast quarter of Section 15, Township 13 North, Range 18 E.W.M.
Situate in Yakima County, Washington
Section 3. Subject to the condition stated in Section 5 below, the City
Council finds formally, that:
1. The above - described Subject Property is suitable for uses permitted in the
Professional Business (B -1) zoning district;
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
Yakima Municipal Code;
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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 condition stated in Section 5 below, the requested
rezone is granted and the Official Yakima Urban Area Zoning Map within the
City of Yakima is amended accordingly to rezone the Subject Property from
Multi- Family Residential (R -3) to Professional Business (B -1).
Section 5. Conditions: The rezone provided herein is expressly made
subject to the condition that the attached development agreement
prohibiting all vehicular access to Englewood Avenue from the subject
properties and providing an alternative access, if needed, for parcel
#181315-43004 be fully executed and recorded with the Yakima County
Auditor at the Applicant's expense.
Section 6. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance. The City Manager
and City Clerk are authorized to execute the attached development
agreement.
Section 7. Subject to the foregoing provisions and conditions, this
ordinance shall be in full force and effect on the later of either the date when
the fully executed development agreement is recorded with the Yakima
County Auditor or 30 days after passage, approval, and publication of this
ordinance 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 17th day of March, 1998.
John Puccinelli, Mayor
ATTEST:
City Clerk C- c
Publication Date: 3 - 20 - 98
Effective Date: 4 - 19 - 98
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Filed at request of
and return to:
CITY CLERK
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
DEVELOPMENT AGREEMENT
GRANTOR: CITY OF YAKIMA
GRANTEE: GARY LUKEHART & MARY LUKEHART
LEGAL DESCRIPTION (abbreviated): A portion of the Southeast
quarter of Section 15, Township 13 North, Range 18 E.W.M.
Additional legal on pages 2 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 Gary Lukehart and Mary Lukehart( "Developer ").
RECITALS
A. Developer has requested that the Subject Property described below
be rezoned from Multi- Family Residential (R -3) to Professional Business
(B -1). The Subject Property is comprised of Assessor's Tax Parcels #181315-
43003, #181315-43004, and #181315-43005 and is legally described as
follows:
,1. The portion of the Subject Property at 3701 and 3701 Englewood
Avenue (Yakima County Assessor's Parcel #181315-43004 and #181315-
43005) is legally described as:
The East 70 feet of the North 235 feet of the South 255 feet of the
Southwest quarter of the Southwest quarter of the Southeast quarter
of Section 15, Township 13 North, Range 18, E.W.M.
2. The portion of the Subject Property at 3703 Englewood (Yakima
County Assessor's Parcel #181315-43003) is legally described as:
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The West 95 feet of the East 165 feet of the North 235 feet of the South
255 feet of the Southwest quarter of the Southwest quarter of the
Southeast quarter of Section 15, Township 13 North, Range 18 E.W.M.
Situate in Yakima County, Washington
B. Developer has requested only that the Subject Property be rezoned
now. However, other land use and building project permit approvals shall be
required if and when the Developer undertakes any specific projects to
develop the Subject Property. If and when he applies for such project permit
approvals, Developer shall comply with the requirements of applicable laws
in effect at the time of such application(s).
C. The City is willing to rezone the Subject Property from Multi - Family
Residential (R -3) to Professional Business (B -1), but only on the condition
that the Developer execute and record this development agreement which is
intended 1) to prohibit all vehicular access to Englewood Avenue from the
Subject Property and 2) to ensure that that the Developer provide an
alternative access, if needed, for parcel #181315-43004.
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. The City shall rezone the Subject Property from Multi- Family
Residential (R -3) to Professional Business (B -1).
3. There shall be no vehicular access to Englewood Avenue from the
Subject Property.
4. Developer shall provide an alternative access, if needed, for parcel
#181315-43004
5. 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. Such recording shall be done by the Developer at his
expense.
6. 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
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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: In the case of the Developer to:
City of Yakima Gary Lukehart
c/o City Manager 1901 N. 4th Street
129 North Second Street P.O. Box 2589
Yakima, WA 98901 Yakima, WA 98901
6. Venue and Applicable Law. Developer agrees 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 Yakima Developer
By
R. A. Zais, Jr., Gary Lukehart
City Manager
ATTEST: Mary Lukehart
City Clerk Contract No. 98 -41
State of Washington ) Ordinance No. 98 -16
ss:
County of Yakima
On this day personally appeared before me Gary Lukehart and Mary
Lukehart, to me known to be the individuals described in and who executed
the within and foregoing instrument, and eachacknowledged that he /she
signed the same as his /her 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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r
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: In the case of the Developer to:
City of Yakima Gary Lukehart
c/o City Manager 1901 N. 4th Street
129 North Second Street P.O. Box 2589
Yakima, WA 98901 Yakima, WA 98901
6. Venue and Applicable Law. Developer agrees 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.
T e City of Y. : ima Developer
I 1 0
By
R. A. Zais, Jr ' Gary Lukehart
City Manager
4
a-L-6 11 6L-Lild
ATTEST: ,Mary Lukehart
K eut_2„,__
City Clerk Contract No. 98 -41
State of Washington ) Ordinance No. 98 -16
ss:
County of Yakima
On this day personally appeared before me Gary Lukehart and Mary
Lukehart, to me known to be the individuals described in and who executed
the within and foregoing instrument, and eachacknowledged that he /she
signed the same as his /her free and voluntary act and deed, for the uses and
purp •• mentioned.
D $ 1 8
egb - ,
' Pri - • ame: Carolyn Chambers- eth
( PP 1 ' g . ® NOTARY PUBLI in and for the State of r.
'9)• T 27,'� (14. ., Washington, resi.ing at Yakima
�CF i p,SV\` My commission expires: 9/27/99
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II II II II II I 10 IN 0
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04/09/1998 09:38A
L UKEHART $ LUKEHART AGR $10.00 Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. I
FOR MEETING OF: March 17. 1998
ITEM TITLE: Ordinance approving the rezone request submitted by Gary Lukehart.
SUBMITTED BY: Glenn K. Rice, Community & Economic Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163
SUMMARY EXPLANATION:
On March 3, 1998 the City Council conducted a Public Meeting and voted to approve
the rezone request by Gary Lukehart for 0.89 acres of land rezoned from R -3, Multi-
Family Residential to B -1, Professional Business. The property is located on the north
side of Englewood, between North 37th and North 39th Avenues, at 3701 and 3703
Englewood Avenue.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approval subject to the applicant recording a
Development Agreement restricting vehicular access onto Englewood Avenue for the
subject properties.
BOARD RECOMMENDATION: Hearing Examiner recommends approval subject to
conditions.
COUNCIL ACTION: On March 3, 1998 voted to approve the rezone request.
On March 17, 1998 ordinance passed. Ordinance No. 98 -