HomeMy WebLinkAbout1997-055 Vacation of Property ORDINANCE NO. 97 - 55
AN ORDINANCE concerning land use and zoning, vacating alley right -of -way
and rezoning the vacated right of way and five adjacent
parcels in the vicinity of West Nob Hill Boulevard and
Landon Avenue from Two-Family Residential (R -2) and
Small Convenience Center (SCC) to Heavy Industrial (M -2)
and amending the zoning map of the Yakima Urban Area
accordingly.
WHEREAS, Shields Bag & Printing Company, Inc., and Eugene L. Shields (hereafter
referred to as the "Applicant ") have, by Petition No. 1224 and under City of Yakima
Department of Community and Economic Development ( "DCED ") file UAZO R/W
Vac #2 -97, petitioned for vacation of platted public alley right -of -way which abuts
Applicant's property at 55 W. Nob Hill Blvd. and 1015, 1017, 1019 and 1021 Landon
Avenue, and by application filed under DCED file UAZO Rezone #2 -97 requested
rezone from Two - Family Residential (R -2) and Small Convenience Center (SCC) to
Heavy Industrial (M -2) of the vacated right -of -way and five adjacent lots (addresses:
55 W. Nob Hill Blvd. and 1015, 1017, 1019 and 1021 Landon Avenue in Yakima,
Washington; Yakima County Assessor's Parcels #191330 - 23550, #191330 - 23551,
#191330- 23552, #191330 - 23553, and #191330- 23554) (referred to below as "the Subject
Rezone Property "), and amendment of the Official Yakima Urban Area Zoning Map;
and
• WHEREAS, on July 10, 1997, the City of Yakima Hearing Examiner conducted a duly
convened public hearing regarding the right of way vacation and 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. I97 -2 -41, dated July
23, 1997, and recommended approval of the requested right -of -way vacation, and, on
the condition of restricting use of the Subject Rezone Property to a parking lot,
recommended approval of the requested rezone; and
WHEREAS, after considering the contents of the file and the statements of
interested persons, the City Council finds with respect to the requested right -of -way
vacation that:
1. The requested right -of -way vacation is necessary to Shields Bag & Printing
Company, Inc., and will provide benefit to the public by transferring the land to
the tax rolls and facilitating full utilization of adjacent properties; and
2. Vacation of the right -of -way will not deprive any property of sole access; and
3. The requested right -of -way vacation is consistent with all plans and policies of
the City; and
4. Based on zoning, current use and long -range plans, the requested right -of -way
vacation is compatible with existing and anticipated development in the area;
and
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RIGHT -OF -WAY VACATION & REZONE — Page 1
5. The requested right -of -way vacation does not adversely affect existing or future •
public utilities; and
6. Pursuant to Resolution No. D -5630, no compensation is required; and
7. The requested right -of -way vacation is consistent with the requirements of
chapter 35.79 RCW and with City of Yakima Ordinance No. D -5630; 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 Subject Rezone Property is suitable for uses permitted in the Heavy
Industrial (M -2) zoning district and any problems with neighborhood
compatibility can be resolved during building permit review and by a
Development Agreement, as authorized by RCW 36 ;70B.170, to limit permitted
uses to a parking lot only;
2. There exists a public need for the requested rezone;
3. Since the existing zoning was established circumstances have changed and 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 Yakima Municipal Code
Chapter 15.23;
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, no public purpose would be served by retaining the subject right -of -way
and it is in the best interests of the City and its people to grant the requested right -of-
way vacation and rezone; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA, WASHINGTON:
Section 1. With respect to both the requested right -of -way vacation and the
requested rezone, the Yakima City Council adopts and incorporates by reference the
Findings and Conclusions and recommendations of the Hearing Examiner's
Recommendation, Examiner No. I97 -2 -41, City Nos. UAZO Rezone 2 -97 and UAZO
R/W Vac #2 -97, issued July 23, 1997.
Section 2. Pursuant to RCW Chapter 35.79, the City Council finds formally:
1. The requested right -of -way vacation is necessary to Shields Bag & Printing
Company, Inc., and will provide benefit to the public by transferring the land to
the tax rolls and facilitating full utilization of adjacent properties; and
2. Vacation of the right -of -way will not deprive any property of sole access; and
3. The requested right -of -way vacation is consistent with all plans and policies of
the City; and
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• 4. Based on zoning, current use and long -range plans, the requested right -of -way
vacation is compatible with existing and anticipated development in the area;
and •
5. The requested right -of -way vacation does not adversely affect existing or future
public utilities; and
6. Pursuant to Resolution No. D -5630, no compensation is required; and
7. The requested right -of -way vacation is consistent with the requirements of
chapter 35.79 RCW and with City of Yakima Ordinance No. D -5630.
and vacates the City of Yakima's right -of -way interest in and over the following real
property (hereafter the "Subject Right -of- Way "):
That portion of the platted public 8 foot alleyway which lies east of and adjacent
to Lot 13, 14, 15, 16, and 17 of Block 8, Broadway Park Addition No. 2 to Yakima,
as recorded on June 9, 1937, Vol. "1" of Plats, page 10, records of Yakima County,
Washington.
Situated in Yakima County, Washington.
Section 3. The City Council finds formally, and subject to the conditions
precedent stated in Section 5 below:
1. The Subject Rezone Property is legally described as:
Lots 13, 14, 15, 16, and 17 of Block 8, Broadway Park Addition No. 2 to Yakima,
r Vol. "1" of Plats, p. 10, records of Yakima County, Washington and that portion
of the platted public right -of -way which lies east of and adjacent to Lots 13, 14, 15,
16, and 17 of Block 8, Broadway Park Addition No. 2 to Yakima, Vol. "1" of Plats,
p. 10, records of Yakima County, Washington.
Situated in Yakima County, Washington
2. The Subject Rezone Property is suitable for uses permitted in the Heavy
Industrial (M -2) zoning district and any problems with neighborhood
compatibility can be resolved during building permit review and by a
Development Agreement, as authorized by RCW 36.70B.170, to limit permitted
uses to a parking lot only;
3. There exists a public need for the requested rezone;
4. Since the existing zoning was established circumstances have changed and now
make the requested rezone appropriate; and
5. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in Yakima Municipal Code
Chapter 15.23;
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.
• rezones
DINANCE: SHIELDS BAG & PRINTING, o2
ORINC.
RIGHT -OF -WAY VACATION & REZONE — Page 3
Section 4. Subject to the conditions precedent 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 to rezone the Subject Rezone Property from Two - Family
Residential (R -2) or Small Convenience Center (SCC), as the case may be, to Heavy
Industrial (M -2).
Section 5. Conditions Precedent: The rezone provided herein shall not become
effective unless and until all conditions on the rezone recommended by the Hearing
Examiner on pages 4 -5 of his Recommendation are fully satisfied. The development
agreement attached to this ordinance as "Exhibit A" requires that the rezoned
property will be used only as a parking lot. Applicant's execution and recording of
•
this agreement with the Yakima County Auditor is a condition precedent to the
rezone provided herein.
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 BYTHE CITY COUNCIL, at a regular meeting and signed and
approved this / ?"day of September, 1997.
ill
.,/ i
y nn Buchanan, Mayor
ATTEST:
City Clerk
Publication Date: 919
— 7
Effective Date: /a —/ 9 - 97
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Ill
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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: SHIELDS BAG AND PRINTING, INC.
LEGAL DESCRIPTION (abbreviated): A portion of the N.W. 1/4 of
Section 30, Township 13 North, Range 19 E.W.M.
Additional legal below on this page.
Assessor's Tax Parcels: 191330 - 23550, - 23551, - 23552 - 23553, -23554
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement ") is made as of this 2 Z day
of 0c , 1997, by the City of Yakima, Washington, a municipal
corporation organized under the laws of the State of Washington (the "City ") and
Shields. Bag & Printing Company, Inc., a Washington corporation ( "Developer ").
RECITALS
A. Developer has requested project permit approval to construct a parking
lot on developed land that it owns (the "Property ") in the City of Yakima. The
Property is described as:
Lots 13, 14, 15, 16, and 17 of Block 8, Broadway Park Addition No. 2 to Yakima,
Vol. "1" of Plats, p. 10, records of Yakima County, Washington and that portion
of the platted public 8 foot alleyway which lies east of and adjacent to Lots 13, 14,
15, 16, and 17 of Block 8, Broadway Park Addition No. 2 to Yakima, Vol. "1" of
Plats, p. 10, records of Yakima County, Washington.
Situated in Yakima County, Washington
The approvals necessary for the Developer's project include vacation of a
platted but undeveloped public alleyway and rezone of the vacated alleyway and
five adjacent lots from Two - Family Residential (R -2) and Small Convenience
Center (SCC) to Heavy Industrial (M -2).
ORDINANCE: SHIELDS BAG & PRINTING, INC.
RIGHT -OF -WAY VACATION & REZONE - EXHIBIT A - Page 1
I 11111 11111111111111111111111111 11111111 1111 1111 7030971
Page: 1 of 3
1IMOTHY JAMES 10/22/1997 10:33A
RGR $10.00 Yakima Co, WA
B. The City is willing to rezone the Property as Heavy Industrial (M -2) to
permit the development of the Property as a parking lot, but only on the condition
that the Property be used only as a parking lot.
C. Developer has agreed to develop and maintain the Property as a
parking lot and for no other use as consideration for the rezone of the Property from
Two - Family Residential (R -2) and Small Convenience Center (SCC) to Heavy
Industrial (M -2).
AGREEMENT
In consideration of the mutual promises herein, the City and 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 several lots which comprise the Property
from Two - Family Residential (R -2) or Small Convenience Center (SCC), as the case
may be, to Heavy Industrial (M -2).
3. Developer shall limit the use of the rezoned Property to a parking lot.
Developer and its successors shall pay the City's costs and attorneys fees incurred to
enforce this development agreement if the rezoned Property is ever used other than
for a parking lot.
4. 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 Developer and its successors.
• 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:
in the case of the City to: in the case of the Developer to:
City of Yakima Shields Bag & Printing Company, Inc.
c/o City Manager Attn: President /CEO
129 North Second Street 1009 Rock Ave.
Yakima, Washington 98901 P.O. Box 9848
Yakima, WA 98909
ORDINANCE: SHIELDS BAG & PRINTING, INC.
RIGHT -OF -WAY VACATION & REZONE - EXHIBIT A - Page 2
II IIIIII 111111 7030971
Page: 2 of 3
10/22/1997 10 :33R
TIMOTHY JAMES RGR $10.00 Yakima Co, WA
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, Shields Bag & Printing Company, Inc.,
a Washington municipal corporation a Washington corporation
By `` By �� p
y Y 2Q'
R. A. Zais, Jr. William R. Shields
City Manager President /CEO
q-1 -tu1
ATTEST: cord. q- -SS
/0 a Jy? * SEAL
City Clerk
State of Washington 4t t..
) ss:
of Yakima )
I certify that I know or have satisfactory evidence that /..wh e S )pic', eis
is the person who appeared before me, and said person acknowledged that he /she
signed this instrument, on oath stated that he /she was authorized to execute the
instrument and acknowledged it as the Arc «de;7//CMG of Shields
Bag & Printing Company, Inc., to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
DATED: /6l1z /57
Printed Name: .OZ " e
NOTARY PUBLIC in and for the State of Washington,
residing at ) Zv�s
. My commission expires: 5/34 /2ea
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II II I I 1111111 II II 7030971
Page: 3 of 3
10/22/1997 10.33A
TIMOTHY JAMES AGR $10,00 Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: September 16. 1997
ITEM TITLE: Ordinance approving vacation of public alleyway and rezone request
by Shields Bag & Printing in the vicinity of W. Nob Hill Boulevard and Landon Ay: ue.
SUBMITTED BY: Glenn J. Valenzuela, Director of Comm/Econ Develop A ' /
CONTACT PERSON / TELEPHONE: Vaughn McBride, Assistant Plan r, 576-
6649
SUMMARY EXPLANATION:
On August 19, 1997, the City Council voted to approve a vacation of public alleyway
and rezone request by Shields Bag & Printing from SCC and R -2 to M -2 to locate a
parking lot in the vicinity of W. Nob Hill Boulevard and Landon Avenue. The requested
rezone is located at 55 W. Nob Hill Boulevard, and 1015, 1017, 1019 and 1021
Landon Avenue.
Resolution Ordinance X Contract,_Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt legislation
BOARD RECOMMENDATION: Hearing Examiner recommends approval
COUNCIL ACTION:
r