HomeMy WebLinkAbout1998-040 State Environmental Policy Act Appeal Procedures • .
ORDINANCE NO. 98- 40
AN ORDINANCE relating to local administrative appeal procedures under the
State Environmental Policy Act; and amending YMC 6.88.170 to
be consistent with RCW 43.21C.075.
WHEREAS, the City of Yakima is required by law to comply with and enforce the
requirements of chapter 43.21C RCW, the State. Environmental Policy Act ( "SEPA "),
and
WHEREAS, RCW 43.21C.075 governs various appeals which might arise regarding
environmental determinations and other actions; and
WHEREAS, recent amendments to RCW 43.21C.075 require that appeals of the
adequacy of an environmental impact statement ( "EIS ") must be considered with a
hearing or appeal on the underlying governmental action by providing for a single
simultaneous hearing before one hearing officer or body; and
WHEREAS, YMC 6.88.170 is currently inconsistent with RCW 43.21C.075 in that YMC
6.88.170(c) provides that appeals of the adequacy of an EIS can be raised within five
• days of the date the permit or other approval is issued; and
WHEREAS, YMC 6.88.170(c) is unenforceable because it is inconsistent with state law;
now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. YMC 6.88.170 is hereby amended to read as follows:
1 "6.88.170 Appeals.
2 A. The city establishes the following administrative appeal
3 procedures under RCW 43.21C.075 and WAC 197 -11 -680:
4 1. Any agency or person may appeal the city's procedural
5 compliance with Chapter WAC 197 -11 for issuance of the following:
6 a. A final DNS: Appeal of the city DNS must be made to the
7 Yakima city council within five days of the date the DNS is final;
8 b. A DS: The appeal must be made to the Yakima city council
9 within five days of the date the DS is issued:
10 c. An EIS: Appeal of the city FEIS and substantive
1111 21
13 d.
14 2. For any appeal under this subsection, the city shall provide
15 for a record that shall consist of the following:
•
16 a. Findings and conclusions;
17 b. Testimony under oath; and
18 c. A taped or written transcript.
19 3. The procedural determination by the city's responsible
20 official shall carry substantial weight in any appeal proceeding.
21 B. The city shall give official notice under WAC 197 -11- 680(5)
22 whenever it issues a permit or approval for which a statute or ordinance
23 establishes a time limit for commencing judicial appeal."
Section 2. This ordinance shall in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this J5day of September 1998.
�/1., / �lA�/.�-i
. John Puccinelli, Mayor
A'IThST: •
7 4 a ,, , ,,e___, ,d /26.---o_t:4, ,,,_
City Clerk
Publication Date: R-J$
Effective Date: )Q —lg
0
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. oR,
For meeting of: September 15, 1998
ITEM TITLE: An ordinance amending the City's SEPA administrative appeal
procedures to eliminate unworkable provisions regarding
administrative appeals of EIS adequacy.
SUBMITTED BY: Glenn Rice, Assistant City Manager
Bill Cook, Director, Community and Economic Development
CONTACT PERSON/TELEPHONE: Ray Paolella, Larry Peterson 575 -6030
SUMMARY EXPLANATION: Recent changes in state law have caused City staff
to review existing provisions of the Municipal Code dealing with administrative
appeals of the legal adequacy of a final EIS under SEPA. (Note that the adequacy of
an EIS is separate from any procedural appeal of threshold determinations such as a
DNS, MDNS, or DS, and is separate from any substantive decision about mitigation
• that might be required to resolve adverse environmental impacts.) In the course of
this study, it has become apparent that YMC 6.88.170(c) is currently unworkable for
"permits" or other approvals like subdivisions and rezones that are "issued" by the
City Council, because the current provision would have the City Council consider an
administrative appeal of the adequacy of an EIS for a subdivision or a rezone only
after the Council has acted on the proposal. If the City Council chooses to provide
an administrative appeal of EIS adequacy, it does not make sense that such an appeal
would be decided by the City Council after the Council's action on the underlying
proposal. A discussion of the pros and cons of providing an administrative appeal of
an EIS follows.
(Continued on page 2)
Resolution Ordinance xx Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL: N - �`-
City Manager
STAFF RECOMMENDATION: Pass Ordinance.
• BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
C: \word dots \sepa \YMC 6.88.170 \agenda- stmnt- 9- 15- 98.doc Page 1 of 2
The key SEPA provisions regarding any administrative appeal of the adequacy of a
final EIS, RCW 43.21C.075 and WAC 197 -11 -680, have been interpreted differently
by different jurisdictions and legal scholars. Some, including Professor Settle, the pre-
eminent academic analyst of SEPA, conclude that SEPA does not allow any
administrative appeal of the adequacy of a final EIS until after the local agency has
acted on the underlying proposal. In the case of a subdivision or rezone in the City
of Yakima, this position leaves EIS adequacy appeals to be decided in state Superior
Court, in conjunction with a judicial appeal of the City council's decision on the
underlying proposal.
Others, including some cities and counties, interpret SEPA to allow local jurisdictions
to provide an administrative appeal of the adequacy of a final EIS. In these
jurisdictions, the Hearing Examiner typically hears the adequacy appeal
simultaneously with and as part of the open record hearing on the underlying
proposal. The Hearing Examiner decides the adequacy appeal and recommends
approval or disapproval of the underlying proposal to the legislative body.
It is important to recognize that the legal standard of review for EIS adequacy is the .
"rule of reason." In order for an EIS to be adequate under this rule, the EIS must
present decisionmakers with a "reasonably thorough discussion of the significant
aspects of the probable environmental consequences" of the agency's decision.
Furthermore, the 'Responsible Official's determination that an EIS is adequate under
SEPA must be given "substantial weight." Under these and related legal standards, it
is unusual for, an EIS to be found to be inadequate.
Staff is concerned that, as a practical matter, administrative appeals of EIS adequacy
appear likely to delay decision on the underlying proposal, and would involve a
substantial expenditure of resources including staff and Hearing Examiner time.
It is clear that local jurisdictions are not required by SEPA to provide an
administrative appeal of the adequacy of a final EIS. In other words, SEPA allows the
City Council to take the adequacy of the final EIS as given, and to decide the
underlying proposal on its merits, with discretion to determine appropriate
mitigation, even if that mitigation is different from the mitigation specified in the
final EIS.
The attached ordinance would amend the YMC to delete administrative appeals of
EIS adequacy only. Judicial appeals of EIS adequacy could still be heard in Superior
Court.
C: \word docs \sepa \YMC 6.88.170 \agenda- stmnt- 9- 15- 98.doc Page 2 of 2
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 98 -39
Grantor: City of Yakima
Grantee: The Public
Legal Description: Part of the NE 1 /4 of the NE 1 /4 of the NE V4 of Section 28,
Township 13 N., R. 18 EWM.
Parcel Number: 181328 -11006
Page l of l
\ 111 1111111 707619
0980811998 83 811' I'
CITY OF YAKIM A _— CAO $16.88 Yakima Co, W
ORDINANCE NO. 98- 39
AN ORDINANCE concerning land use and zoning, rezoning one parcel
addressed 702 South 48th Avenue from Single - Family
Residential (R -1) to Local Business (B -2) and amending the
zoning map of the Yakima Urban Area accordingly; and
granting Class 2 approval for continued use of the parcel for
a mobile home repair business.
WHEREAS, Lonny and Joanne Carr (hereafter referred to as the "Applicants ") have,
have by application filed under Department of Community and Economic
Development file UAZO RZ #5 -98, CL(2) #13 -98, and EC #11 -98, requested
(1) amendment of the Official Yakima Urban Area Zoning Map to rezone one parcel
of land at 702 South 48th Avenue in Yakima, Washington (Yakima County Assessor's
Parcel #181328 - 11006) (referred to below as "the Subject Property ") from Single -
Family Residential (R -1) to Local Business (B -2), and (2) Class 2 approval, as required
in the B -2 District, for continued use of the parcel for a mobile home repair business;
and
WHEREAS, on June 25, 1998, the City of Yakima Hearing Examiner conducted a
duly convened open record public hearing regarding the requested rezone and
Class 2 approval, and after considering the contents of the file and evidence received
at the public hearing, issued his Examiner's Recommendation, Examiner
No. IU98 -2 -14, dated July 1, 1998; and
WHEREAS, the Hearing Examiner recommended approval of the requested rezone
and associated Class 2 approval subject to several conditions stated on page 13 of his
Recommendation; and
WHEREAS, the City Council considered the requested rezone and Class 2 approval
at its regular public meeting on August 4, 1998; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds
with respect to the requested rezone and Class 2 approval that, subject to the
conditions recommended by the Hearing Examiner as stated on page 13 of his
Recommendation:
1. The Subject Property is suitable for uses permitted in the Local Business (B -2)
zoning district;
C: \word dots \ rezones \can \rezone ord.doc (8/26/98 9:37 AM)
CARR REZONE (UAZO RZ #5 -98, CL(2) #13 -98) Page 1 of 4
II 1111 III II II 111 1111 II 7076194 1
Page 2 of 9
09/08/1998 03.21P1
CITYOF YAKIMA OR D $16,08 Yakima Co, WA
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, subject to the
conditions recommended by the Hearing Examiner as stated on page 13 of his
Recommendation, to approve the requested rezone and to grant the requested
Class 2 approval; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference the
findings, conclusions and recommendations of the Hearing Examiner's
Recommendation, Examiner No IU98 -2 -14, City Nos. UAZO RZ #5 -98, CL(2)
#13 -98, and EC #11 -98, issued July 1, 1998.
Section 2. The Official Yakima Urban Area Zoning Map within the City of Yakima
is amended to rezone the Subject Property from Single- Family Residential (R -1) to
Local Business (B -2) in the vicinity of 702 South 48th Avenue in Yakima,
Washington, and legally described as:
THE S. 96.5 FEET OF THE EAST 344 FEET OF THE N.E. 1 /4 OF THE
N.E. 1 /4 OF THE N.E. 1 /4 OF SECTION 28, TOWNSHIP 13 N., R. 13
EWM; EXCEPT THE WEST 150 FEET; AND EXCEPT THE EAST 20
FEET FOR COUNTY ROAD.
•
Situated in Yakima County, Washington
Section 3. Subject to the conditions stated in Section 6 below, the City Council
finds formally that:
1: The above - described Subject Property is suitable for uses permitted in the Local
Business (B -2) 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
C: \word docs \rezones \carr \rezone ord.doc (8/26/98 9:37 AM)
CARR REZONE (UAZO RZ #5 -98, CL(2) #13 -98) Page 2 of 4
7076194
Page. 3 of 9
09/08/1998 03.21P!
_CITY OF YAKIMA ORD $16.00 Yakima Co, WA j
4. The requested rezone is consistent with and complies 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 6 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 Single-
Family Residential (R -1) to Local Business (B -2).
Section 5. Subject to the conditions stated in Section 6 below, the requested
Class 2 approval is granted.
Section 6. Conditions Precedent: The rezone and Class 2 approval provided
herein shall not become effective unless and until:
1. Applicants execute and record the attached development agreement which
stipulates that all B -2 uses other than the existing mobile home repair
facility are subject to Class 3 review, and that any further physical
expansion of the mobile home repair service on this site continues to be
subject to Class 2 review.
2. Ten feet of right -of -way along South 48th Avenue along the frontage of the
Subject Property is dedicated to the City.
3. Applicants complete street frontage improvements along South 48th
Avenue, consisting of curb, gutter, a sidewalk, and completion of
pavement between the existing pavement and the new curb and gutter.
4. A paved driveway and parking complying with city development
regulations shall be installed on the site.
Section 7. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
Section 8. 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.
C: \word does \ rezones \carr \rezone ord.doc (8/26/98 9:37 AM)
CARR REZONE (UAZO RZ #5 -98, CL(2) #13 -98) Page 3 of 4
7076194
Page 4 of 9
09/08/1998 03.21P,
CITY OF YAKIMA ORD $18_00 Yakima Co, WA i
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 1st day of 'September, 1998.
S/ JOHN PUCCINELLI
John Puccinelli, Mayor
ATTEST:
hi KAREN S. ROBERTS, CMC
City Clerk
Publication Date: 09 -04-98 � `
• correct Ctpy Of the
original .: ��
. Effective Date: 10 -04-98 , S ` °' ` / ��
♦ /I` A -!f TY CLERK
By `<<
--- - Deputy
l
Cerrii' i to b o ":. „;c1 1s ct ;t1.
original filed in 'my otiice 9 —�_g _
TY CLERK
v1./Ad l;
C: \word docs\ rezones\ carr\ rezone ord.doc (8/26/98 9:37 AM) •
CARR REZONE (UAZO RZ #5 -98, CL(2) #13 -98) Page 4 of 4
IIIIIIIIIIIIIIII 111111 7076194
Page. 5 of 9
09/08/1998 83
CITY OF YAKIMA ORD $16.00 Yakima Co, WA i
•
•
Filed at request of
and return to:
CITY CLERK
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
•
DOCUMENT TITLE: DEVELOPMENT AGREEMENT
GRANTOR: CITY OF YAKIMA
GRANTEES: • LONNY CARR and JOANNE CARR
LEGAL DESCRIPTION :
PART OF THE N.E. 1 /4 OF THE N.E. 1/4 OF THE N.E. 1 /4 OF SECTION 28, TOWNSHIP
13 N., R. 18 EWM.
Additional legal below on this page.
ASSESSOR'S TAX PARCEL NUMBER 181328 -11006
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 Lonny Carr and Joanne Carr ( "Developers ").
RECITALS
•
A. Developers have requested (1) rezone of one lot they own (the "Subject Property ") in
the City of Yakima from Single - Family Residential (R -1) to Local Business (B -2), and (2) Class 2
approval, as required in the B -2 District, for use of the parcel for a mobile home repair /general
construction contracting business. The Subject Property is Yakima County Assessor's Tax Parcel
Number 181328 -11006 and is described as:
THE S. 96.5 FEET OF THE EAST 344 FEET OF THE N.E. 1 /4 OF THE N.E. 1 /4 OF THE
N.E. 1 /4 OF SECTION 28, TOWNSHIP 13 N., R. 18 EWM; EXCEPT THE WEST 150 -
• FEET; AND EXCEPT THE EAST 20 FEET FOR COUNTY ROAD.
Situated in Yakima County, Washington •
B. The City is willing to rezone the Subject Property from Single- Family Residential (R -1)
to Local Business (B -2) and to grant Class 2 approval, as required in the B -2 District, for use of the
parcel for a mobile home repair /general construction contracting business, but only subject to the
following conditions:
•
C: \ word does \ rezones \carr \Development -K.doc Last printed 08/26/98 9:36 AM
DEVELOPMENT AGREEMENT /CARR REZONE • . • Pagel of 4
II II II I II II III 1 1111 7076194
Page: 6 of 9
09/98/1998 03
CITY OF YAK ORD $16.00 Yakima Co, WA J
•
•
•
1. All B -2 uses other than the existing mobile home repair /general construction
contracting business shall be subject to Class 3 review.
2. Any further physical expansion of the mobile home repair /general
construction contracting business on this site shall be subject to Class 2
review.
3. Developers shall dedicate ten feet along the South 48th Avenue frontage of the
Subject Property to the City as public right -of -way.
4. Developers shall complete street frontage improvements along South 48th
Avenue, consisting of curb, gutter, a sidewalk, and completion of pavement
between the existing pavement and the new curb and gutter.
5. Developers shall install a paved driveway and paved parking, complying
with city development regulations on the site. .
C. Developers agree to fully satisfy the conditions specified above.
AGREEMENT
In consideration of the mutual promises herein, the City and 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 Single - Family Residential (R -1) to Professional
Business (B -1).
3. The City shall grant Class 2 approval, as required in the B -2 District, for use of the Subject
Property for a mobile home repair/ general construction contracting business.
4. Developers and their transferees and successors in interest shall not use or develop any of the
rezoned Subject Property for any B -2 uses other than the existing mobile home repair /general
construction contracting business unless such other use is first duly approved after Class 3 review.
5. Developers and their transferees and successors in interest shall not undertake further
physical expansion of the mobile home repair /general construction contracting business on this site
' unless such physical expansion is first duly approved after Class 2 review.
6. Developers shall dedicate ten feet along the South 48th Avenue frontage of the Subject
Property to the City as public right -of -way.
7. Developers shall complete street frontage improvements along South 48th Avenue, consisting
of curb, gutter, a sidewalk, and completion of pavement between the existing pavement and the new
curb and gutter.
8. Developers shall install a paved driveway and paved parking, complying with city
development regulations on the site.
9. Pursuant to the provisions of RCW 36.70B.190, this development agreement shall be recorded
with the real property records of Yakima County. This agreement is binding on City and the
Developers and their successors.
C: \ word docs \ rezones \ carr \ Development-K.doc Last printed 08/26/98 9:36 AM
DEVELOPMENT AGREEMENT /CARR REZONE
•
Page 2 of 4
704
Page 7 of
09/08/1998 7619 03 9 : 21P1
CITY OF YAKIMA ORD $16.80 Yakima Co, WA j
•
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: In the case of the Developer to:
City of Yakima Lonny and /or Joanne Carr
c/o City Manager 702 South 48th Avenue
129 North Second Street ' ..Yakima, Washington 90908
Yakima, Washington 98901
11. Litigation, Venue, and Governing Law. In the event any suit or action is instituted by either
party to enforce compliance with or interpret any of the terms, provisions or conditions of this
development agreement, the prevailing party shall be entitled to collect, in addition to necessary court
costs, such sums as the court may adjudge as reasonable attorney's fees. The venue of any action to
enforce or interpret this development agreement shall lie in the Superior Court of Washington for
Yakima County, Washington. This Agreement shall be governed by 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,
a Washington municipal corporation
By
R. A. Zais, Jr.
City Manager
ATTEST: •
• Contract No.
City Clerk
Ordinance No.
DEVELOPERS
' Lonny Carr Joanne Carr
702 South 48th Avenue 702 South 48th Avenue
Yakima, Washington 90908 Yakima, Washington 90908
t: \word docs\ rezones \ carr\ Development-K.doc • Last printed 08/26/98 9:36 AM
DEVELOPMENT AGREEMENT /CARR REZONE Page 3 of 4
7076194
Page. 8 of 9
09/08/1998 03
CITY OF YAKIMA ORD X16.00 Yakima Co, WA
•
•
State of Washington )
) ss:
County of Yakima )
I certify that I know or have satisfactory evidence that Lonny Carr is the person who appeared before
me, and said person acknowledged that he signed this instrument and acknowledged it to be his free
and voluntary act for the uses and purposes mentioned in the instrument.
DATED:
• Printed Name: •
NOTARY PUBLIC in and for the State of Washington,
residing at
My commission expires:
State of Washington _) •
) ss:
County of Yakima )
I certify that I know or have satisfactory evidence that Joanne Carr is the person who appeared before
me, and said person acknowledged that she signed this instrument and acknowledged it to be her free_.
and voluntary act for the uses and purposes mentioned in the instrument.
DATED:
Printed Name:
NOTARY PUBLIC in and for the State of Washington,
residing at
My commission expires:
•
•
•
•
•
C: \word docs \rezones \ carr \Development -K.doc Last printed 08/26/98 9:36 AM
DEVELOPMENT AGREEMENT /CARR REZONE , Page 4 of 4
7076194 !
I III II I I II Ell 111111111 Page: 9 of 9
09/08/1998 03 :21P:
\ CITY OF YAKIMA_ III $16.90 Yakima Co, WA
93 -3
Filed at request of
and return to:
CITY CLERK
.City of Yakima
129 N. 2nd St. •
Yakima, WA 98901
DOCUMENT '1'1'1'LE: DEVELOPMENT AGREEMENT
GRANTOR: CITY OF YAKIMA
GRANTEES: LONNY CARR and JOANNE CARR
LEGAL DESCRIPTION :
PART OF THE N.E. 1 /4 OF THE N.E. 1/4 OF THE N.E. 1/4 OF SECTION 28, TOWNSHIP
13 N., R. 18 EWM.
Additional legal below on this page.
ASSESSOR'S TAX PARCEL NUMBER 181328 -11006
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement ") is made as of thiscJ.S day of
1998, by the City of Yakima, Washington, a municipal corporation organized under '
the laws of the State of Washington (the "City"), and Lonny Carr and Joanne Carr ( "Developers ").
RECITALS
A. Developers have requested (1) rezone of one lot they own (the "Subject Property ") in
the City of Yakima from Single - Family Residential (R -1) to Local Business (B -2), and (2) Class 2
approval, as required in the B -2 District, for use of the parcel for a mobile home repair/ general
construction contracting business. The Subject Property is Yakima County Assessor's Tax Parcel
Number 181328 -11006 and is described as:
THE S. 96.5 FEET OF THE EAST 344 FEET OF THE N.E. 1 /4 OF THE N.E. 1 /4 OF THE
N.E. 1 /4 OF SECTION 28, TOWNSHIP 13 N., R. 18 EWM; EXCEPT THE WEST 150
FEET; AND EXCEPT THE EAST 20 FEET FOR COUNTY ROAD.
Situated in Yakima County, Washington
B. The City is willing to rezone the Subject Property from Single - Family Residential (R -1)
to Local Business (B -2) and to grant Class 2 approval, as required in the B -2 District, for use of the
parcel for a mobile home repair /general construction contracting business, but only subject to the
following conditions:
C: \word docs \ rezones\ carr \ Development Last printed 08/26/98 9:36 AM
DEVELOPMENT AGREEMENT / CARR REZONE Page 1 of 4
•
II 111111 I I HI II III I II 7089395
Page 1 of 4
12/01/1998 10
CITY OF YAKIMA AG R $11.00 Yakima Co, WA
•
1. All B -2 uses other than the existing mobile home repair /general construction •
contracting business shall be subject to Class 3 review.
2. Any further physical expansion of the mobile home repair /general
construction contracting business on this site shall be subject to Class 2
review.
3. Developers shall dedicate ten feet along the South 48th Avenue frontage of the
Subject Property to the City as public right -of -way.
4. Developers shall complete street frontage improvements along South 48±
Avenue, consisting of curb, gutter, a sidewalk, and completion of pavement
between the existing pavement and the new curb and gutter.
5. Developers shall install a paved driveway and paved parking, complying
with city development regulations on the site.
C. Developers agree to fully satisfy the conditions specified above.
AGREEMENT
In consideration of the mutual promises herein, the City and 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 Single- Family Residential (R -1) to Professional
Business (B -1).
3. The City shall grant Class 2 approval, as required in the B -2 District, for use of the Subject
Property for a mobile home repair/ general construction contracting business.
4. Developers and their transferees and successors in interest shall not use or develop any of the
rezoned Subject Property for any B -2 uses other than the existing mobile home repair/ general
construction contracting business unless such'other use is first duly approved after Class 3 review.
5. Developers and their transferees and successors in interest shall not undertake further
physical expansion of the mobile home repair/ general construction contracting business on this site
unless such physical expansion is first duly approved after Class 2 review.
6. Developers shall dedicate ten feet along the South 48th Avenue frontage of the Subject
Property to the City as public right -of -way.
7. Developers shall complete street frontage improvements along South 48th Avenue, consisting
of curb, gutter, a sidewalk, and completion of pavement between the existing pavement and the new
curb and gutter.
8. Developers shall install a paved driveway and paved parking, complying with city
development regulations on the site.
9. Pursuant to the provisions of RCW 36.70B.190, this development agreement shall be recorded
with the real property records of Yakima County. This agreement is binding on City and the
Developers and their successors.
C: \ word docs \ rezones\ carr\ Development-Kdoc Last printed 08/26/98 9 :36 AM
DEVELOPMENT AGREEMENT /CARR REZONE Page 2 of 4
II 111111 111111 111111 7089395
Page. 2 of 4
12/G1/1998 1G :43A •
CITY OF YAKIMA AGR $11.00 Yakima Co, WA
•
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: In the case of the Developer to:
City of Yakima Lonny and /or Joanne Carr
c/o City Manager 702 South 48th Avenue
129 North Second Street " . Yakima, Washington 90908
Yakima, Washington 98901
11. Litigation, Venue, and Governing Law. In the event any suit or action is instituted by either
party to enforce compliance with or interpret any of the terms, provisions or conditions of this
development agreement, the prevailing party shall be entitled' to collect, in addition to necessary court
costs, such sums as the court may adjudge as reasonable attorney's fees. The venue of any action to
enforce or interpret this development agreement shall lie in the Superior Court of Washington for
Yakima County, Washington. This Agreement shall be governed by 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,
a Washington municipal corporation
By
R. A. ais, Jr.
City Manager
ATTEST:
ti t.
/<601-2_, __J „ � "' Contract
���, K � Con Tact No .
City Clerk �� - .,� Ordinance No. 9Y-- 3 J •
DEVELOPERS
CONJ
�S nny Carr Joanne Carr
702 South 48th Avenue 702 South 48th Avenue
Yakima, Washington 90908 Yakima, Washington 90908
•
•
C: \ word docs \ rezones \carr \Development -K.doc Last printed 08/26/98 9:36 AM
DEVELOPMENT AGREEMENT /CARR REZONE Page 3 of 4
7089395
Page 3 of 4
12101/1998 10 :43A
CITY OF YAKIMA AGR CLOG Yakima Co, WA
State of Washington )
) ss:
County of Yakima )
I certify that I know or have satisfactory evidence that Lonny Carr is the person who appeared before
me, and said person acknowledged that he signed this instrument and acknowledged it to be his free
and voluntary act for the uses and purposes mentioned in the instrument.
DATED: , / 2 - 5 /98
STATE OF WASHINGTON Printed N. me: J - 16. -S
JAMES K. ADAMS NOTARY PUBLIC in and for' the State of Washington,
NOTARY PUBLIC
COMMISSION EXPIRES residing at
DEC 22 2001 My commission expires: 12/22..
State of Washington )
) ss:
County of Yakima )
I certify that I know or have satisfactory evidence that Joanne Carr is the person who appeared before
me, and said person acknowledged that she signed this instrument and acknowledged it to be her free
and voluntary act for the uses and purposes mentioned in the instrument.
DATED: �, /2s /9{�
`
•
Printed Na • _ es , A.7n_ w S
STATE OF WASHINGTON NOTARY PURL C in and for the State of Washington,
JAMES K. ADAMS residing at
NOTARY PUBLIC My commission expires: r�2/oi
COMMISSION EXPIRES
DEC. 22, 2001
•
C: \word does \ rezones \carr \Development -K.doc Last printed 08/26/98 9:36 AM
DEVELOPMENT AGREEMENT /CARR REZONE Page 4 of 4
7089395
Page: 4 of 4
12161/1988 10:43A
CITY OF YAKIMA AGR $11.60 Yakima Co, WA