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HomeMy WebLinkAbout1999-023 REZONE 13 PARCELS IN THE AREA OF STATE ROUTE 12, NORTH 16TH AVENUE, RIVER ROAD, AND NORTH 6TH AVENUE.Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Grantor: Grantee: Legal Description: Parcel Number: rci Alan. e -A? 1v':gq-a3:. Mercy Development Company, L.P., a Washington -limited partnership, d/b/a Mercy Enterprises; and Jere Irwin; and Diane Irwin CITY OF YAKIMA Portions of Sections 12 and 13, Township 13 North, Range 18 I.W.M. 181312-31007,-33001, -33002, -34400, 34401, -34402, -34404, -34405, -34406; 181313-21004,-21401, -21403, -21404, -22001. Page 1 of 1 11111111 C TY OF YAKIMA 11 11 1 I II III I II 7127848 Page: 1 of 27 07/23/1999 12:04P ORD 834.00_ Yakima Co, WA� ORDINANCE NO. 99-23 AN ORDINANCE concerning land use and zoning, and subject to conditions, rezoning 13 parcels (approximately 85 acres) in the area bounded by State Route 12, North 16th Avenue, River Road, and North 6th Avenue from Light Industrial (M-1) to Large Convenience Center (LCC), and amending the Official Yakima Urban Area Zoning Map accordingly, and authorizing the City Manager to execute a Development Agreement to govern development and use of the rezoned property. WHEREAS, Mercy Enterprises ("Mercy"), with approval of the Owners Jere and Diane Irwin, by application dated April 4, 1996, requested amendment of the Official Yakima Urban Area Zoning Map to rezone 13 parcels comprising approximately 85 acres in the area bounded by State Route 12, North 16th Avenue, River Road, and North 6th Avenue (Yakima County Assessor's Parcels: 181312-31007, -33001, -33002, - 34400, -34401, -34402, -34404, -34405, -34406, and 181313-21401, -21403, -21404, - 22001) (the 13 parcels are referred to in this Ordinance as the "Subject Property") from Light Industrial (M-1) to Large Convenience Center (LCC) in order to establish rights to pursue phased development and use of the Subject Property and one adjacent 5 -acre parcel (Yakima County Assessor's Tax Parcel #181313-21004), which is already zoned LCC, for a regional retail shopping mall of up to 850,000 square feet gross leasable area and additional separate commercial and office buildings of up to 120,000 square feet gross leasable area, according to a graphic Concept Site Plan and verbal descriptions stated in the Final Environmental Impact Statement issued on November 16, 1998, and at various points in documents and testimony submitted by Mercy (the "Proposed Uses"); and WHEREAS, on July 12, 1996, pursuant to chapter 43.21C RCW, the State Environmental Policy Act (SEPA), the City of Yakima SEPA Responsible Official issued a Determination of Significance for the requested rezone, and on November 16, 1998, issued a Final Environmental Impact Statement for the proposal; and WHEREAS, on February 4, 5, and 12,1999, the City of Yakima Hearing Examiner conducted a duly convened, open -record public hearing regarding the requested rezone (UAZO RZ #3-96), and after considering the contents of the file and evidence received at the public hearing, issued his Examiner's Recommendation, Examiner No. IU99-2-3, dated May 19, 1999; and ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 1 of 26 I 111 C TY OF YAKIMR u It 1 11 11 I 111 7127848 Page: 2 of 27 07/23/1999 12:04P RO X34.00 Yakima Co, WA WHEREAS, the Hearing Examiner recommended that, subject to certain conditions stated on pages 50-54 of the Hearing Examiner's Recommendation including a Preliminary Draft Development Agreement attached to the Recommendation as Exhibit A, the Subject Property should be rezoned from Light Industrial (M-1) to Large Convenience Center (LCC); and WHEREAS, at a public meeting duly convened on June 1,1999, which was continued to and concluded on June 8, 1999, the City Council duly considered the requested rezone, 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 Mercy and other interested persons; 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 rezone to allow Mercy to use the Subject Property for the Proposed Uses; 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 in following sections of this Ordinance, the City Council affirms the Hearing Examiner's Recommendation to approve the requested rezone of the Subject Property for the Proposed Uses. Subject to the following findings of fact and conclusions of law made expressly by the City Council, the City Council adopts the findings and conclusions of the Hearing Examiner's Recommendation, Examiner No. IU99-2-3, dated May 19, 1999, which is incorporated by reference as part of this Ordinance. 1. Jurisdiction A. Findings. After considering the record in this matter, the City Council makes the following findings: (1) The Subject Property is approximately 85 acres located within the City of Yakima and is subject to the legal description stated in Attachment A to this Ordinance, which is incorporated by reference. (2) The Subject Property is comprised of 13 parcels which are now zoned Light Industrial (M-1). (3) Mercy is the Applicant and is authorized to pursue the requested rezone by Jere and Diane Irwin, the owners of the Subject Property. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 2 of 26 1111111111111111111111111111111 7127848 07/23/1999 12 04P CITY OF YRKIMA_ ORO __ $34_.60 _ Yakima Co,_WR (4) The Application was filed on April 4, 1996, and has been assigned file numbers UAZO RZ #3-96 and EC #13-96 by the Planning Division of 'the Department of Community and Economic Development. (5) Mercy has requested that the Subject Property be rezoned from Light Industrial (M-1) to Large Convenience Center (LCC) in order to establish rights to pursue phased development and use of the Subject Property and approximately 5 adjacent acres, which are already zoned LCC, for a regional retail shopping mall of up to 850,000 square feet gross leasable area and additional separate commercial and office buildings of up to 120,000 square feet gross leasable area, according to a graphic Concept Site Plan and verbal descriptions stated in the Final Environmental Impact Statement issued on November 16, 1998, and at various points in documents and testimony submitted by Mercy (the "Proposed Uses"). (6) The City of Yakima is the lead agency for environmental review of the requested rezone pursuant to chapter 43.21C RCW, the State Environmental Policy Act (SEPA). (7) The requested rezone has been reviewed pursuant to SEPA on the basis of the Proposed Uses. (8) A Final Environmental Impact Statement for the requested rezone was issued on November 16, 1998. (9) On February 4, 5, and 12, 1999, the City of Yakima Hearing Examiner conducted a duly convened, open -record public hearing regarding the requested rezone (UAZO RZ #3-96). (10) The Hearing Examiner considered the contents of the file and the testimony and evidence presented at the open -record public hearing. (11) The Hearing Examiner issued his Examiner's Recommendation, Examiner No. IU99-2-3, dated May 19, 1999. B. Conclusion: Based on the above Findings, and pursuant to chapter 15.23 YMC and applicable state and local law, the City Council has jurisdiction to decide whether the requested rezone should be granted. 2. Review Under 1981 Yakima Urban Area Comprehensive Plan A. Criteria: The following Large Convenience Center Development Criteria, which appear at pages OLU-12 -13 of the 1981 Yakima Urban Area Comprehensive Plan, apply to the requested rezone: ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 3 of 26 11 11 11 �C TY_OF YAK MA_ 11 11 1 1 II 11 11 11 7127848 Page: 4 of 27 07123/1999 12:S4P ORD 434.00 Yakima Co, WA Large Convenience Center Development Criteria 1. Development shall be allowed adjacent to the following land uses: CBDS, CBD, Auto -Oriented Commercial, Small Convenience Centers, Professional Service, Other Large Convenience Centers. 2. If development can demonstrate compatibility it may also be allowed adjacent to: Light Industrial, High Density Residential, Moderate Density Residential; 3. Large Convenience Center development shall not be allowed adjacent to other intensity land uses unless unique characteristics of the individual site, to the siting or design of the development, would alleviate the problem. 4. Development shall only be allowed in areas where compatibility conflicts with citizens of the area can be resolved. 5. Development shall only be allowed if the need for such a facility can be proved. B. Findings. After considering the record in this matter, the City Council makes the following findings: (1) All Findings stated above are restated in relation to the requirements of the 1981 Yakima Urban Area Comprehensive Plan. (2) During the pendancy of the Application, Mercy advised the City and the Regional Planning Commission that, unless otherwise directed, it would pursue the requested rezone under the procedures and criteria of the 1981 Yakima Urban Area Comprehensive Plan ("Comp Plan") and the Yakima Urban Area Zoning Ordinance. (3) The Subject Property has approximately 1140 linear feet of frontage on the north side of River Road. Approximately 30 acres zoned Large Convenience Center (LCC) lies north of River Road between the southerly portion of the Subject Property and North 16th Avenue. The Yakima Cinema, a ten (10) movie theater complex, occupies part of the northerly portion of this area. A medical clinic is under construction immediately south of the movie theaters. (4) Approximately 8.75 acres lies north of the cinema between North 16th Avenue and the Subject Property. Of this, 2.69 is zoned Light Industrial (M-1); the rest is zoned Professional Office (B-1). (5) The Subject Property includes more than 1350 linear feet of discontinuous frontage on the west side of North 6th Avenue. Other ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 4 of 26 11111111 11 11 CITY OF YAK MA 1 111 1111 11 7127848 Page: 5 of 27 0?123/1999 12104P ORO__ $34.00 Yakima Co, WR property between the Subject Property and North 6th Avenue is zoned Light Industrial (M-1). Most of this is owned by C.M. Holtzinger Fruit Co., Inc., and is used for fruit packing and storage facilities. (6) State Route 12 and two parcels zoned Light Industrial (M-1) bound the Subject Property to the north. (7) Properties west of North 16th Avenue are zoned Professional Office (B-1) and Local Business (B-2) and include Lake Aspen Office Park and other office and business uses. (8) The property east of North 6thAvenue is all zoned Light Industrial (M-1) and includes agricultural and industrial land uses, with a few homes scattered among orchards. (9) The weight of the evidence is that the requested rezone and Proposed Uses are compatible with adjacent properties. (10) Traffic issues predominated compatibility concerns expressed by owners/users of property zoned Light Industrial and citizens. (11) Mercy has agreed to the Development Agreement which is attached to this Ordinance as Attachment B. (12) A regional retail shopping mall requires a large site. (13) The 85 -acre size of the Subject Property provides an appropriate quantity of land for a regional retail shopping mall. (14) There is no other appropriate site for a regional retail shopping mall in the City of Yakima. (15) The testimony and reports of economists submitted by Mercy demonstrate that consumer demand for mall type goods in the Yakima area is not satisfied by existing retail businesses in the Yakima area. (16) The population of the Yakima trade area and the demand for retail sales of the kind of goods sold at a regional shopping mall are likely to increase significantly in the near future. As stated by the Hearing Examiner at page 34 of his Recommendation, based on population growth projections for the Yakima area, "Significant growth in retail demand is reasonable and probable within the trade area." (17) During the pendancy of this application, two parties interested in developing property outside the City of Yakima opposed the requested rezone. These parties did not appear at the City Council meeting on June 1 and 8, 1999, but participated fully in the open -record public hearing conducted by the Hearing Examiner. Such participation reinforces Mercy's assertion that "the market" is distinctly interested in ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL II11 1 1 11 �CIT_Y_OF YAK MA 11 n 1 1 Page 5 of 26 II 1111 II 7127848 Page: 6 of 27 07123/1999 12,04P OR __—$34.00. Yakima Co, WA__ the possibility of — and that a need exists for —a new regional retail shopping mall in the greater Yakima area. It also reinforces the sense that, if the rezone is not allowed, the City of Yakima may lose retail sales tax revenues to a neighboring jurisdiction. (18) If a new regional retail shopping mall is not developed within the City of Yakima, there is a significant possibility, if not a likelihood, that such a facility will be developed in a nearby jurisdiction. (19) The City of Yakima, as a government, has a significant interest in receiving the retail sales tax revenues which are likely to be generated in the future by a new regional retail shopping mall. (20) The requested rezone appears likely to have a positive effect on the City of Yakima's retail sales tax revenues. C. Conclusions. Based on all Findings above, the City Council makes the following conclusions: (1) Pursuant to City of Yakima Ordinances 98-29 and 98-45, the requested rezone, which was filed April 4, 1996, is subject to review under the 1981 Yakima Urban Area Comprehensive Plan. (2) Based on the improvements to be provided by Mercy according to the attached Development Agreement, the requested rezone and Proposed Uses are compatible with adjacent properties. (3) There is a need in the City of Yakima for a regional retail shopping mall. (4) The requested rezone is needed to provide an appropriate site with appropriate zoning for the development of a regional retail shopping mall. (5) The requested rezone satisfies the requirements of the 1981 Yakima Urban Area Comprehensive Plan. 3. Review Under Title 15 of the Yakima Municipal Code: A. Criteria: (1) Section 15.03.030(9) YMC provides: The purpose and intent of the large convenience center district is to: a. Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 6 of 26 i — 11 11 11 11 TY OF YAK MA 11 11 1 1 II 11 11 11 7127848 Page, 7 of 27 07/23/1999 12:04P ORD 434.00 Yakima Co, WA b. Accommodate existing clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. New large convenience centers will generally be greater than ten acres in size, and may be permitted when they demonstrate that they will complement, and not have a significant detrimental impact on, existing commercial areas or surrounding land uses. (2) Section 15.23.030(E) YMC provides the following generally applicable criteria for rezones. The criteria function in the first instance as considerations required of the Hearing Examiner's Recommendation. Then they function as considerations required of the City Council for its decision to affirm or reject the Hearing Examiner's Recommendation pursuant to § 15.23.030(F) YMC: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and, 7. The public need for the proposed change. B. Findings: After considering the record in this matter, the City Council makes the following findings: (1) All Findings stated above are restated in relation to the requirements of Title 15 YMC. (2) The City Council considered the record including the contents of the file, the testimony and evidence presented at the open -record public hearing, and the Hearing Examiner's Recommendation. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 7 of 26 LCI11 11 11 11 11 TY OF_YAKIMA___ 11 1 111 11 7127848 Page, 8 of 27 07/23/1899 12,04P ORD $34.00 Yakima Co, WA , (3) The Subject Property is: (a) Generally undeveloped; (b) Unusually convenient to the North 16th Avenue interchange with State Route 12, a major regional highway; (c) Flat and does not include floodplains or other critical areas. (4) Primary access to the Proposed Uses on the Subject Property is proposed from North 16th Avenue, a Principal Arterial street, with secondary and tertiary access from River Road and North 6th Avenue. (5) Neighboring land uses include: (a) Orchard; (b) Movie theaters; (c) Undeveloped land; (d) Butcher shop; (e) Fruit storage and packing; (f) Medical services; (g) Business offices; (h) A few scattered single-family residences. (6) A survey of businesses conducted and reported by Hebert Research showed that the requested rezone would complement existing commercial areas. (7) Mercy will, pursuant to the Development Agreement, construct substantial street system and frontage improvements on North 16th Avenue, River Road and North 6th Avenue. (8) The Hearing Examiner considered the City Planning Division Staff Report, which recommended approval of the requested rezone subject to conditions included in the Preliminary Draft Development Agreement. (9) The City Council considered the record including the City Planning Division Staff Report and the Hearing Examiner's Recommendation. (10) Public facilities including streets, domestic and irrigation water, and wastewater infrastructure are either adequate now or will be ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES — RIVERSIDE MALL Page 8 of 26 \_C TY OF _YAK MA 11 1 1II IIII 7127848 Page, 9 of 27 07123/1999 12:04P ORD_ X4.00 Yakima,_Co,_WR __. rendered adequate for the Proposed Uses by improvements which will be constructed by Mercy under the attached Development Agreement. C. Conclusions: Based on the above Findings, the City Council makes the following conclusions: (1) The Hearing Examiner and the City Council have considered the extent to which the requested rezone complies with and/or deviates from goals and policies of the Comp Plan and the intent of Title 15 YMC, which is stated at § 15.01.030 YMC. (2) The Subject Property is suitable for the Proposed Uses as permitted in the Large Convenience Center (LCC) zoning district. (3) Discussion: Objective III of the 1981 Comp Plan provides: [Land use decisions should] Assure that future land use controls respond to, rather than attempt to direct market demand by providing a degree of predictability to land use decisions while retaining flexibility to address individual situations. Opponents asserted that under the Proposed Uses the requested rezone would have a significant detrimental impact on downtown Yakima. The concepts of complementarity and "no significant detrimental impact" function as equivalent expressions of the same criterion, rather than as logically independent criteria. Opponents offered economic evidence that the requested rezone and Proposed Uses would depend for success on diverting both retail businesses and customers from existing commercial areas, particularly downtown Yakima. On that basis opponents asserted that the requested rezone would have a "significant detrimental impact on existing commercial areas," contrary to the provisions of § 15.03.030(9) YMC. The requested rezone, in conjunction with the Proposed Uses, will introduce competition to existing commercial areas, and such competition may challenge existing retail businesses and their landlords. However, competition is not, in and of itself, a "significant detrimental impact" under § 15.03.030(9) YMC. There is no showing that the requested rezone will result in more than competition. If, for instance, there were substantial evidence that the requested rezone would result in blight to existing commercial areas, approval might not be consistent with the provisions of § 15.03.030(9) YMC. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 9 of 26 11 11 1 1 11 11 __CTYOFYRKMR 7127848 Page: 10 of 27 07/23/1999 12:04P ORD $34.00_ Yakima Co, WA__� Therefore, the requested rezone will complement and not have a significant detrimental impact on existing commercial areas. (4) The requested rezone will complement and not have a significant detrimental impact on surrounding land uses. (5) The improvements to be provided by Mercy according to the attached Development Agreement will accommodate existing clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. (6) A public need exists for the requested rezone in conjunction with the Proposed Uses. (7) The requested rezone satisfies the requirements of Title 15 YMC. 4. Other Requirements A. Changed Circumstances: Washington law generally requires that the City Council determine that changed circumstances justify rezoning land. (1) Findings: After considering the record in this matter, the City Council restates all findings stated above in relation to the requirement of changed circumstance. (2) Conclusion: Based on all Findings stated above, the City Council concludes that changed circumstances justify rezoning the Subject Property from Light Industrial (M-1) to Large Convenience Center (LCC) for the Proposed Uses as conditioned by this Ordinance and the attached Development Agreement. B. Development Agreement: §§ 36.70B.170-210 RCW provide a statutory basis for the Development Agreement attached to this Ordinance as Attachment B. (1) Findings: (a) After considering the record in this matter, the City Council restates all findings stated above in relation to the requirements for a Development Agreement. (b) The Development Agreement attached to this Ordinance as Attachment B is the successor to a "Preliminary Draft Development Agreement" included in the City Planning Division Staff Report to the Hearing Examiner. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 10 of 26 11 11 11 11 1111 1 1 11 II I I II 7127848 Page, 11 of 27 0712311999 12,04P TY OF YAKI1A ORD $34 00 Yakima Co, WA .' (c) That Preliminary Draft Development Agreement was revised pursuant to discussions between City staff and representatives of Mercy. (d) The key points of the revised "Preliminary Draft Development Agreement" were offered orally to the Hearing Examiner during the open -record public hearing on February 5, 1999, and a revised text was submitted during the open -record public hearing on February 12, 1999. (e) The Hearing Examiner considered the revised Preliminary Draft Development Agreement and adopted it as an essential component of his Recommendation. (f) The City Council considered the revised Preliminary Draft Development Agreement recommended by the Hearing Examiner and made several relatively minor amendments. (g) The Development Agreement attached to this Ordinance has been redrafted by the City Legal Department to improve its form. C. Conclusion: The Development Agreement attached to this Ordinance is authorized by state law. Section 2. Amendment of Official Yakima Urban Area Zoning Map: Subject to the provisions of Section 4 below, the Official Yakima Urban Area Zoning Map shall be amended to rezone the Subject Property from Light Industrial (M-1) to Large Convenience Center (LCC). It shall be the responsibility of the owner to request in writing addressed to the City Manager that the City inspect the property and all required improvements to verify satisfaction of the conditions precedent. The Official Yakima Urban Area Zoning Map shall be amended only after the City verifies satisfaction of the conditions precedent. Section 3. General Conditions: The rezone approval granted by this ordinance is expressly conditioned on Mercy's satisfaction of each and every condition. Separate review and evaluation under applicable rezone procedures and development regulations shall be required for LCC uses other than the Proposed Uses. Traffic improvements to North 16th Avenue shall be coordinated with the entrance to Lake Aspen Business Park as provided regarding construction of improvements for Phase One in Section 6 of the attached Development Agreement. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL �C TY_OE YAK ,1,1 1111 1 Page 11 of 26 II II 7127848 Page: 12 of 27 0712311999 12:04P $34 A0 _ Yakima_Co,__WA_� Section 4. Conditions Precedent: The rezone granted by this ordinance is made expressly subject to satisfaction of all of the following conditions precedent: a. On or before July 18, 2003, Mercy, or its successors , shall file a substantially complete building permit application for construction of at least 467,500 square feet of the proposed regional retail shopping mall; provided, however, that this building permit application deadline may, at the sole discretion of the City, be extended until no later than January 18, 2004, by written decision of the Director of Community and Economic Development (the "Director"). b. On or before July 18, 2004, Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall, provided, however, if the six (6) month extension is granted pursuant to Section 4a above, then Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall on or before January 18, 2005. Upon satisfaction of all of the foregoing conditions precedent, the Director shall execute a recordable written instrument certifying that all of the conditions have been satisfied and the rezone shall become effective. This certificate of satisfaction of conditions shall be recorded at the Yakima County Auditor's Office. However, in the event that all of the foregoing conditions precedent are not satisfied by January 18, 2005, then this Ordinance shall be deemed to have no legal force or effect, and the rezone provided for herein shall not be effective. If the specified conditions precedent are not satisfied within the specified period, the rezone approval subject to conditions precedent provided by this Ordinance shall expire. Section 5. Final site plans, including the items shown on the original site plan, and additions or modifications required by this ordinance, and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the City Planning Division prior to issuance of a Certificate of Zoning Review or building permit, pursuant to YMC 15.12.050. Section 6. The rezone provided by this ordinance shall be reported to the Regional Planning Commission with the City Council's direction that the Yakima Urban Area Comprehensive Plan Future Land Use Map should be amended during the next cycle of Comprehensive Plan Amendments to maintain a proper relationship between it and the Official Yakima Urban Area Zoning Map. Section 7. The City Manager is authorized to execute the Development Agreement as it appears in Attachment B, provided that the names of other parties with recorded interests in the Subject Property shall be added to ensure that all parties with interests of record join in the Development Agreement. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 12 of 26 11 1111 11 _C TY_OF YAK MA 11 1 1 11 11 11 7127848 Page, 13 of 27 07123/1999 12,04P. ORO___434.00 Yakima_Co,_WA Section 8. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. 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 June,1999. S/ JOHN PUCCINELLI John Puccinelli, Mayor ATTEST: is/ KAREN S. ROBERTS, CMC City Clerk Publication Date: June 18, 1999 Effective Date: July 18, 1999 C:\word\rezones\mercy- riverside\ord\draft final4.docLast printed June 16, 1999 10:36 AM Certified to he a true and correct copy f the original filed in wy office. 7/ 2.3 cip .b CITY CLERK I • eputy ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 13 of 26 7127848 gir/1899 2 20„ CITY_OF YRKIMR_ _____ ----ORD 434.00 Yakima IA WR ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL A: Yakima County Assessor's Parcels #181312-31007, -34400. That part of the South half of the Northeast quarter of the Southwest quarter of Section 12, Township 13, North, Range 18, E.W.M., described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28; thence North 249.5 feet; thence West 250.6 feet; thence South 88°34' West 128.1 feet; thence South 65°56' West 147.9 feet; thence South 85°00' West 110.5 feet; thence South 72°48' West 211.5 feet; thence South 75°42' West 121.9 feet; thence South 68°24' West 184.8 feet; thence South 89°24' West 175 feet to the Northwest corner of Lot 4 in said plat; thence East along the North Boundary thereof to the point of beginning; EXCEPT right of way for Burlington Northern Railroad; AND EXCEPT right of way for the State Highway; AND EXCEPT that part of the Southwest quarter of Section 12, described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; thence South 89°56'50" West along the North boundary thereof 258.20 feet; thence North parallel with the East boundary thereof 119 feet; thence North 89°56'50" East 258.20 feet; thence South 119 feet to the point of beginning. PARCEL B: Yakima County Assessor's Parcels #181312-34401, -34402, -34404, -34405, -34406. The Southeast quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M.; EXCEPT that portion described as follows: Commencing at the Northeast corner of said Southeast quarter of the Southwest quarter; thence South along the East line of said subdivision a distance of 660 feet; thence West 30 feet to the West line of North 6th Avenue and the true point of beginning; thence West a distance of 635 feet; thence South a distance of 315 feet; thence East a distance of 635 feet to the West line of North 6th Avenue; thence North along the West line of North 6th Avenue a distance of 315 feet to the true point of beginning; ALSO known as Lots 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 and 16 of the vacated plat of SUMMERSIDE ORCHARD TRACTS, recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; ORDINANCE 99-23 ATTACHMENT A — LEGAL DESCRIPTION OF REZONED PROPERTY Page 14 of 26 11 11 11 11 11 __CITY OF YAKIMA 11 1 1 II 11 11 11 7127848 Page: 15 of 27 07/23/1999 12:04P ORD $34.00 Yakima Co, WA_ EXCEPT right of way for North 6th Avenue along the East side; Except that portion of vacated 30 foot road right of way abutting the south side of Lots 9 and 10 of said SUMMERSIDE ORCHARD TRACTS, which would accrue to said Lots by reason of Order of Vacation, recorded February 13, 1976 in Volume 982 of Official Records, under Auditor's File No. 2411122, records of Yakima County, Washington; AND EXCEPT that portion described as follows: Beginning at the Northeast corner of the Northeast quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; thence South 0°0' East along the East line of said subdivision 39.75 feet; thence North 90°0' West 760 feet; thence North 0°0' East 43.99 feet; thence South 89°40'50" East 760.0 feet to the true point of beginning. PARCEL C: Yakima County Assessor's Parcels #181312-33001, -33002. That portion of the Southwest quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M., described as follows: Beginning at the Southeast corner of said Southwest quarter of the Southwest quarter; thence West along the South line of said subdivision a distance of 883.7 feet, more or less, to the Easterly line of a tract of land conveyed to Isabel R. Wert, by deed recorded September 26, 1940 in Volume 352 of Deeds, under Auditor's File No. 916268, records of Yakima County, Washington; thence North 1°25' East to the North line of the Southwest quarter of the Southwest quarter of said Section 12; thence East to the Northeast corner of said Southwest quarter of the Southwest quarter; thence South along the East line thereof to the Southeast corner of said Southwest quarter of the Southwest quarter to the point of beginning; EXCEPT any portion thereof lying Northerly of the Southerly right of way line of State Highway SR -12 conveyed by Auditor's File No. 2205573, records of Yakima County, Washington. PARCEL D: Yakima County Assessor's Parcels #181313-21401, -21403, -21404. Lot 1, 3 and 4 of Short Plat 80-68, as recorded under Auditor's File No. 2583131, records of Yakima County, Washington. PARCEL E: Yakima County Assessor's Parcel #181313-22001. The North 227 feet of the East 883.7 feet of the Northwest quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; EXCEPT the East 33 feet thereof. ORDINANCE 99-23 ATTACHMENT A — LEGAL DESCRIPTION OF REZONED PROPERTY Page 15 of 26 11111111111111111111111 7127848 Page 18 of 2? 0?123/1999 12:84P CITY OF YAKIMR _—_ iORD_ $34.80 Yakima Co, WR _. Filed at request of and return to: CITY CLERK City of Yakima ,129 N. 2nd St. Yakima, WA 98901 GRANTORS: ATTACHMENT B DEVELOPMENT AGREEMENT Mercy Development Company, L.P., a Washington limited partnership, d/b/a Mercy Enterprises; and Jere Irwin; and Diane Irwin - GRANTEE: CITY OF YAKIMA LEGAL DESCRIPTION Portions of Sections 12 and 13, Township 13 North, Range 18 E.W.M. ADDITIONAL DESCRIPTION: See attached Exhibit 1 Assessor's Tax Parcels: 181312-31007, -33001, -33002, -34400, -34401, -34402, -34404, -34405, -34406; 181313-21004, -21401, -21403, -21404, -22001. This Development Agreement (the "Agreement") is made between the City of Yakima, Washington, a Washington municipal corporation (the "City"), and Jere Irwin, and Diane Irwin, and Mercy Development Company, L.P., a Washington limited partnership, d/b/a Mercy Enterprises (hereinafter collectively referred to as "Developer"). ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 16 of 26 11 11 11 C TY OF YAKIMR 1 1 111 1 11 7127848 Page: 17 of 27 0712311999 12:04P ORD $34.00 Yakima Co, WA RECITALS A. Developer has applied for rezone of 13 parcels (Yakima County Assessor's Tax Parcels #181312-31007, -33001, -33002, -34400, -34401, -34402, -34404, -34405, -34406; and 181313 -21401, -21403, -21404, -22001) (the 13 parcels are referred to in this Development Agreement as the "Subject Rezone Property") from Light Industrial (M-1) to Large Convenience Center (LCC) in order to establish rights to pursue the following activities, which shall be referred to subsequently as the "Proposed Uses": pursue phased development and use of the 13 parcels and one other parcel which is already zoned LCC (Yakima County Assessor's Tax Parcel #181313-21004) (the 14 parcels are referred to collectively in this Development Agreement as the "Subject Development Property") for a regional retail shopping mall of up to 850,000 square feet gross leasable area and additional separate commercial and office buildings of up to 120,000 square feet gross leasable area, according to a graphic Concept Site Plan and verbal descriptions stated in the Final Environmental Impact Statement issued on November 16,1998, and at various points in documents and testimony submitted by Mercy (the "Proposed Uses"). B. The City is conditionally willing to rezone the 13 parcels as LCC, Large Convenience Center, to allow Developer to pursue the Proposed Uses. C. This Development Agreement is an Attachment to Ordinance 99-23 of the City of Yakima, and must be understood and construed in conjunction with Ordinance 99-23. D. This Development Agreement is authorized by §§ 36.70B.170-210 RCW. AGREEMENT In consideration of the mutual benefits provided by the following terms, the City and the Developer agree and promise: 1. Development Regulations. Developer agrees that, for the purposes of establishing and enforcing this development agreement and subject to the provisions hereof, the City's development regulations in effect when this Agreement is first fully executed by all parties are "development regulations adopted by a local government planning under Chapter 36.70A RCW" according to the provisions of RCW 36.70B.170. 2. Pursuant to § 36.70B.170 RCW, this Development Agreement sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property legally ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 17 of 26 111 111 11 I ti 7127848 Page 18 of 27 87123/19 99 12 84P ORD x'34_88 Yakima Co, WA_ described in "Exhibit 1" attached hereto and incorporated herein (the "Subject Development Property"). 3. Pursuant to § 36.70B.170(4) RCW, the City hereby reserves authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 4. Conditions Precedent to Rezone of Subject Rezone Property. The Subject Rezone Property shall be rezoned from Light Industrial (M-1) to Large Convenience Center (LCC) if and only if the following conditions precedent specified in Section 4 of Ordinance 99-23 are satisfied: a. On or before July 18, 2003, Mercy, or its successors , shall file a substantially complete building permit application for construction of at least 467,500 square feet of the proposed regional retail shopping mall; provided, however, that this building permit application deadline may, at the sole discretion of the City, be extended until no later than January 18, 2004, by written decision of the Director of Community and Economic Development (the "Director"). b. On or before July 18, 2004, Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall, provided, however, if the six (6) month extension is granted pursuant to Section 4a above, then Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall on or before January 18, 2005. Upon satisfaction of all of the foregoing conditions precedent, the Director shall execute a recordable written instrument certifying that all of the conditions have been satisfied and the rezone shall become effective. This certificate of satisfaction of conditions shall be recorded at the Yakima County Auditor's Office. However, in the event that all of the foregoing conditions precedent are not satisfied by January 18, 2005, then this Ordinance shall be deemed to have no legal force or effect, and the rezone provided for herein shall not be effective. 5. Developer and the City shall pursue amendments to the City of Yakima's Comprehensive Plan to ensure that the provisions of the Comprehensive Plan appropriately relate to the zoning of the Subject Rezone Property established by Ordinance 99-23. 6. Construction of Improvements for Phase One. The City shall not issue a Certificate of Occupancy for Phase One of the proposed regional retail shopping mall unless and until the street improvements listed below shall be completely ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 18 of 26 11 11 1 1 11 CITY OF YAK MA 1111 111 11 11 11 7127848 Page, 19 of 27 , 07/23/1999 12:04P, ORD $4.00 Yakima Go, WA constructed by Developer, to the satisfaction of the City Engineer. Design and the actual improvements shall accommodate appropriate and adequate access to Lake Aspen Business Park. a) Install traffic control signals at the State Route 12 westbound off ramp and North 16th Avenue. b) Install traffic control signals at the Riverside Mall entrance on North 16th Avenue. c) Install two left turn lanes on North 16th Avenue at entrance to mall. d) Install an additional lane westbound at entrance to mall. e) Install traffic control signals at North 16th Avenue and River Road. (Any funds received by City from other developers for this improvement shall be applied to the improvement, including design.) f) Install left turn pockets on River Road at 16th Avenue. g) Widen River Road to three (3) lanes between North 6th Avenue and North 16th Avenue. h) Install eastbound left turn pocket on River Road at entrance to mall. i) Improve North 6th Avenue between easterly mall entrance and River Road. Improvements shall be made within existing right-of-way. Right-of-way acquisition shall not be an element of improvement. Improve North 6th Avenue between River Road and Fruitvale. Improvements shall be made within existing right-of-way. Right-of- way acquisition shall not be an element of improvement. Developer shall be responsible for the full cost of the design and construction of the street and intersection improvements listed above. The projects listed above fulfill Developer's responsibility for all traffic system improvements identified in the FEIS. 7. Supplemental Traffic Review by City. No building permit applications which would result in total development on the Subject Development Property in excess of 467,500 square feet gross leasable area shall be issued before the City conducts supplemental traffic review to ensure adequate capacity for traffic which may be generated by the total development. As a result of such supplemental traffic review, the City may require the Developer j) to: a) Install second lane on State Route 12 westbound off ramp, widen bridge over State Route 12, and add stop control for right turn movement off eastbound ramp. ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 19 of 26 II 1111 11 1111 1 111 111 11 7127848 Page, 20 of 27 07/23/1999 12,04P �C JY OF_ YAK MR ORO $34.00_ Yakima Co, WA __ b) Install northbound right turn lane on 16th Avenue at mall entrance. c) Construct other mitigation not identified in the FEIS. In consideration of the Developer's agreement to construct all the improvements listed in Paragraph 6 above, the City shall not, in any event, require the Developer to construct other mitigation listed in the FEIS. The scope of supplemental traffic review will be the study area of the FEIS. The responsible official under SEPA may adopt the EISor issue a Mitigated Determination of Nonsignificance for development in excess of 467,500 square feet of the regional retail shopping mall. Environmental review of traffic issues shall be subject to the provisions of the SEPA ordinance in effect at that time. In the event supplemental traffic review identifies impacts which require mitigation by improvements not mentioned in the FEIS, the developer will assume a proportionate share of those improvements. Fiscal Responsibility and proportionate shares for any improvements determined necessary for subsequent projects would be determined as a result of this future study and would be the subject of another Development Agreement with the City. 8. Reservation of Capacity. The construction of identified street improvements shall create a substantial increase in road capacity with such capacity exceeding projected use requirements for the regional shopping center. The City shall reserve developer -constructed capacity enhancements for the benefit of the rezoned property for a period of twenty (20) years from the time of construction of the specific improvement. The City Traffic Engineer shall compute and record the amount of such reserved capacity less background traffic growth, calculated at 2.5% annually unless otherwise established by actual measurement (in accordance with the FEIS assumptions). 9. Right -of -Way Acquisition. City of Yakima will consider using its power of eminent domain in order to acquire any right-of-way necessary for contemplated improvements on North 16th Avenue between State Route 12 and River Road, and on River Road between North 6th Avenue and North 16th Avenue. In the event the City elects not to use eminent domain the City will evaluate other design alternatives or adjustments. The cost of such right-of-way acquisition shall be the responsibility of Developer. Right-of-way acquisition is not required, however, for improvements on North 6th Avenue between the mall entrance and Fruitvale Boulevard. Improvements on such road segments shall be within the existing road right-of-way. 10. Latecomers' Agreement. The City and Developer shall cooperate in the formation of a road benefit district and/or latecomers' agreement with respect to ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 20 of 26 11111111 II II TY OF K 1 II 11 1 1 11 7127848 Page: 21 of 2? 07/23/1999 12:04P _LOR _ $34.00__ Yakima Co, WA_ improvements required to be constructed by Developer other than projects identified in Section 6 above. Such latecomers' ;agreement and/or road benefit district shall be subject to applicable laws and procedures. 11. Cooperation. The City and Developer shall cooperate with one another in order to allow the City to utilize the funds or improvements contemplated by this Agreement as a match for securing either state or federal road improvement funding. 12. Easement for Access. An easement shall be granted to the two parcels zoned Professional Business (B-1) located directly northwest of the rezone site to mitigate increased traffic which may prohibit or restrict commercial driveways and left turn movements to the section of North 16th Avenue in the vicinity of State Route 12. 13. Participation in Utility Connections. Participation in the 27 -inch Tamarack sewer interceptor and public utility easement is required across the property. Participation in the sewer interceptor may off -set connection charges for the 89 -acre rezone area. Wastewater connection charges are expected to be in the $220,000 to $240,000 range with the developer constructing the collection for the area. 14. Security Plan. A Security Plan shall be submitted to the City, to be approved by the City Police Chief, including an EMS component. Elements to also be included in the Plan include number and training level of security personnel, designation of emergency vehicle parking at each entrance to the mall and elevated hydrant signs located in the parking lot, among others. 15. Site Plan. Review of this development shall be subject to detail site plan requirements and compliance with SEPA Phased Review and applicable development regulations, but subject to the provisions hereof. 16. Attorney Fees—Enforcement. Developer shall pay the City's costs and attorneys fees incurred to enforce this development agreement. 17. Term and Modification. This Development Agreement shall govern the development and use of the Subject Development Property for an indefinite period of time, unless modified after a public hearing. 18. Recordation/Binding Effect. 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 the City and Developer, and all Developer's assigns and successors in interest. 19. 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: ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 21 of 26 Mt It NMI 1111111 7127848 Page 22 of 27 ' 07/23/1999 12:84P �CTTY f1F YAKIMA CIRO _MAR Yakima. Co,_WA_ In the case of the City to: City of Yakima c/ o City Manager 129 North Second Street Yakima, Washington 98901 In the case of Mercy to: Mercy Enterprises c/o Velikanje, Moore & Shore, P.S. 405 East Lincoln Avenue P.O. Box 22550 Yakima, Washington 98902 20. Effective Date. This Agreement shall become effective upon a final determination approving the rezone by the appropriate legislative body, with such decision not being subject to any further or additional appeals. 21. 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. Developer Mercy Development Company, L.P., a Washington limited partnership, d/b/a Mercy Enterprises - .`10-er Kathi Mercy General Partner The City of Yakima, a Washington Municipal Corporation OWNER By Diane Irwin OWNER y Contract No. 99-81 ance No. 99-23 ATTEST: City Clerk (c7-' .1 "-z `V R. A. SIS, JR. CITY MANAGER true and correct copy of the m7y office. c7 3- Q C TY CLE K 6116-126(Deputy ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 22 of 26 11 11 11 11CITY OF YAK 1A_ 11 7127848 Page, 23 of 27 0?/23/1999 12,04P ORD 134.00 Yakima Co, WA State of Washington ) ss: County of Yakima On this day personally appeared before me KATHI D. MERCY , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: • e a1 , 1999 Sta ie„) Pr Name: Cynthia A. McConnell NO ARY PUBLIC in and for the State of Washington, residing at Yakima My commission expires: 5 / 20/ 2003 County o On this day personally appeared before me DIANE IRWIN , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: July 0, 1999 Priname: Cv/nthia A. McConnell NOTARY PUBLIC in and for the State of Washington, residing at Yakima My commission expires: 5/20/2003 County o ) On this day personally appeared before me JERE IRWIN , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: July 4 , 1999 r it d Name: e. �, NOTARY PUBLIC in and for the State of Washington, residing at Y/9/1"/Miff My commission expires: t7,4*// 003 EVELOPMENT AGREEMENT Page 23 of 26 11 1111 11 1111 1 7127848 Page: 24 of 2? 0?/23/1999 12:04P CITY OF YAK MA ORD S34 00 Yakima Co, WA EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY SUBJECT TO DEVELOPMENT AGREEMENT PARCEL A: Yakima County Assessor's Parcels #181312-31007, -34400. That part of the South half of the Northeast quarter of the Southwest quarter of Section 12, Township 13, North, Range 18, E.W.M., described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28; thence North 249.5 feet; thence West 250.6 feet; thence South 88°34' West 128.1 feet; thence South 65°56' West 147.9 feet; thence South 85°00' West 110.5 feet; thence South 72°48' West 211.5 feet; thence South 75°42' West 121.9 feet; thence South 68°24' West 184.8 feet; thence South 89°24' West 175 feet to the Northwest corner of Lot 4 in said plat; thence East along the North Boundary thereof to the point of beginning; EXCEPT right of way for Burlington Northern Railroad; AND EXCEPT right of way for the State Highway; AND EXCEPT that part of the Southwest quarter of Section 12, described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; thence South 89°56'50" West along the North boundary thereof 258.20 feet; thence North parallel with the East boundary thereof 119 feet; thence North 89°56'50" East 258.20 feet; thence South 119 feet to the point of beginning. PARCEL B: Yakima County Assessor's Parcels #181312-34401, -34402, -34404, -34405, -34406. The Southeast quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M.; EXCEPT that portion described as follows: Commencing at the Northeast corner of said Southeast quarter of the Southwest quarter; thence South along the East line of said subdivision a distance of 660 feet; thence West 30 feet to the West line of North 6th Avenue and the true point of beginning; thence West a distance of 635 feet; thence South a distance of 315 feet; thence East a distance of 635 feet to the West line of North 6th Avenue; thence North along the West line of North 6th Avenue a distance of 315 feet to the true point of beginning; ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 24 of 26 11 11 ,11 11 �C TY OF YAK MR 11 11 1 1 11 11 11 11 7127848 Page, 25 of 2? 0?!2311999 12 04P ORO $34.00 Yakima Co, WR ALSO known as Lots 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 and 16 of the vacated plat of SUMMERSIDE ORCHARD TRACTS, recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; EXCEPT right of way for North 6th Avenue along the East side;, Except that portion of vacated 30 foot road right of way abutting the south side of Lots 9 and 10 of said SUMMERSIDE ORCHARD TRACTS, which would accrue to said Lots by reason of Order of Vacation, recorded February 13, 1976 in Volume 982 of Official Records, under Auditor's File No. 2411122, records of Yakima County, Washington; AND EXCEPT that portion described as follows: Beginning at the Northeast corner of the Northeast quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; thence South 0°0' East along the East line of said subdivision 39.75 feet; thence North 90°0' West 760 feet; thence North 0°0' East 43.99 feet; thence South 89°40'50" East 760.0 feet to the true point of beginning. PARCEL C: Yakima County Assessor's Parcels #181312-33001, -33002. That portion of the Southwest quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M., described as follows: Beginning at the Southeast corner of said Southwest quarter of the Southwest quarter; thence West along the South line of said subdivision a distance of 883.7 feet, more or less, to the Easterly line of a tract of land conveyed to Isabel R. Wert, by deed recorded September 26, 1940 in Volume 352 of Deeds, under Auditor's File No. 916268, records of Yakima County, Washington; thence North 1°25' East to the North line of the Southwest quarter of the Southwest quarter of said Section 12; thence East to the Northeast corner of said Southwest quarter of the Southwest quarter; thence South along the East line thereof to the Southeast corner of said Southwest quarter of the Southwest quarter to the point of beginning; EXCEPT any portion thereof lying Northerly of the Southerly right of way line of State Highway SR -12 conveyed by Auditor's File No. 2205573, records of Yakima County, Washington. PARCEL D: Yakima County Assessor's Parcels #181313-21401, -21403, -21404. Lot 1, 3 and 4 of Short Plat 80-68, as recorded under Auditor's File No. 2583131, records of Yakima County, Washington. ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 25 of 26 7127848 Page, 26 of 27 07/23/1999 12,04P CITY,'1_1101111,11)11111 YORD $34.00 Yakima Co, WA PARCEL E: Yakima County Assessor's Parcel #181313-22001. The North 227 feet of the East 883.7 feet of the Northwest quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; EXCEPT the East 33 feet thereof. PARCEL F: Yakima County Assessor's Parcel #181313-21004. Beginning at a point two rods West of the Southwest corner of the Northeast quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; thence North parallel to the East line of the Northwest quarter of the Northwest quarter of said Section 973.5 feet; thence East and parallel with the North line of said Section 223.73 feet; thence South and parallel with the East line of said Northwest quarter of the Northwest quarter of said Section 973.5 feet; thence West on the quarter line >.223.73 feet to the place of beginning; EXCEPT right of way for River Road on the south side. C:\word\rezones\mercy- riverside\ord\draft final4.doc Last printed June 16, 1999 10:58 AM ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT ! Page 26 of 26 11 11 11 11 T_Y_OF YAK MA 11 i 1 1111 7127848 Page: 27 of 27 07/23/1999 12:04P ORO 334.00 Yakima Co, WA ORDINANCE NO. 99-23 AN ORDINANCE . concerning land use and zoning, and subject to conditions, rezoning 13 parcels (approximately 85 acres) in the area bounded by State Route 12, North 16th Avenue, River Road, and North 6th Avenue from Light Industrial (M-1) to Large Convenience Center (LCC), and amending the Official Yakima Urban Area Zoning Map accordingly, and authorizing the City Manager to execute a Development Agreement to govern development and use of the rezoned property. WHEREAS, Mercy Enterprises ("Mercy"), with approval of the Owners Jere and Diane Irwin, by application dated April 4, 1996, requested amendment of the Official Yakima Urban Area Zoning Map to rezone 13 parcels comprising approximately 85 acres in the area bounded by State Route 12, North 16th Avenue, River Road, and North 6th Avenue (Yakima County Assessor's Parcels: 181312-31007, -33001, -33002, -34400, -34401, -34402, -34404, -34405, -34406, and 181313-21401, -21403, -21404, -22001) (the 13 parcels are referred to in this Ordinance as the "Subject Property") from Light Industrial (M-1) to Large Convenience Center (LCC) in order to establish rights to pursue phased development and use of the Subject Property and one adjacent 5 -acre parcel (Yakima County Assessor's Tax Parcel #181313-21004), which is already zoned LCC, for a regional retail shopping mall of up to 850,000 square feet gross leasable area and additional separate commercial and office buildings of up to 120,000 square feet gross leasable area, according to a graphic Concept Site Plan and verbal descriptions stated in the Final Environmental Impact Statement issued on November 16, 1998, and at various points in documents and testimony submitted by Mercy (the "Proposed Uses"); and WHEREAS, on July 12, 1996, pursuant to chapter 43.21C RCW, the State Environmental Policy Act (SEPA), the City. of Yakima SEPA Responsible Official issued a Determination of Significance for the requested rezone, and on November 16, 1998, issued a Final Environmental Impact Statement for the proposal; and WHEREAS, on February 4, 5, and 12, 1999, the City of Yakima Hearing Examiner conducted a duly convened, open -record public hearing regarding the requested rezone (UAZO RZ #3-96), and after considering the contents of the file and evidence received at the public hearing, issued his Examiner's Recommendation, Examiner No. IU99-2-3, dated May 19,1999; and ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 1 of 26 WHEREAS, the Hearing Examiner recommended that, subject to certain conditions stated on pages 50-54 of the Hearing Examiner's Recommendation including a Preliminary Draft Development Agreement attached to the Recommendation as Exhibit A, the Subject Property should be rezoned from Light Industrial (M-1) to Large Convenience Center (LCC); and WHEREAS, at a public meeting duly convened on June 1,1999, which was continued to and concluded on June 8, 1999, the City Council duly considered the requested rezone, 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 Mercy and other interested persons; 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 rezone to allow Mercy to use the Subject Property for the Proposed Uses; 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 in following sections of this Ordinance, the City Council affirms the Hearing Examiner's Recommendation to approve the requested rezone of the Subject Property for the Proposed Uses. Subject to the following findings of fact and conclusions of law made expressly by the City Council, the City Council adopts the findings and conclusions of the Hearing Examiner's Recommendation, Examiner No. IU99-2-3, dated May 19, 1999, which is incorporated by reference as part of this Ordinance. 1. Jurisdiction A. Findings. After considering the record in this matter, the City Council makes the following findings: (1) The Subject Property is approximately 85 acres located within the City of Yakima and is subject to the legal description stated in Attachment A to this Ordinance, which is incorporated by reference. (2) The Subject Property is comprised of 13 parcels which are now zoned Light Industrial (M-1). (3) Mercy is the Applicant and is authorized to pursue the requested rezone by Jere and Diane Irwin, the owners of the Subject Property. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 2 of 26 (4) The Application was filed on April 4, 1996, and has been assigned file numbers UAZO RZ #3-96 and EC #13-96 by the Planning Division of the Department of Community and Economic Development. (5) Mercy has requested that the Subject Property be rezoned from Light Industrial (M-1) to Large Convenience Center (LCC) in order to establish rights to pursue phased development and use of the Subject Property and approximately 5 adjacent acres, which are already zoned LCC, for a regional retail shopping mall of up to 850,000 square feet gross leasable area and additional separate commercial and office buildings of up to 120,000 square feet gross leasable area, according to a graphic Concept Site Plan and verbal descriptions stated in the Final Environmental Impact Statement issued on November 16, 1998, and at various points in documents and testimony submitted by Mercy (the "Proposed Uses"). (6) The City of Yakima is the lead agency for environmental review of the requested rezone pursuant to chapter 43.21C RCW, the State Environmental Policy Act (SEPA). (7) The requested rezone has been reviewed pursuant to SEPA on the basis of the Proposed Uses. (8) A Final Environmental Impact Statement for the requested rezone was issued on November 16, 1998. (9) On February 4, 5, and 12, 1999, the City of Yakima Hearing Examiner conducted a duly convened, open -record public hearing regarding the requested rezone (UAZO RZ #3-96). (10) The Hearing Examiner considered the contents of the file and the testimony and evidence presented at the open -record public hearing. (11) The Hearing Examiner issued his Examiner's Recommendation, Examiner No. IU99-2-3, dated May 19, 1999. B. Conclusion: Based on the above Findings, and pursuant to chapter 15.23 YMC and applicable state and local law, the City Council has jurisdiction to decide whether the requested rezone should be granted. 2. Review Under 1981 Yakima Urban Area Comprehensive Plan A. Criteria: The following Large Convenience Center Development Criteria, which appear at pages OLU-12 -13 of the 1981 Yakima Urban Area Comprehensive Plan, apply to the requested rezone: ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 3 of 26 Large Convenience Center Development Criteria 1. Development shall be allowed adjacent to the following land uses: CBDS, CBD, Auto -Oriented Commercial, Small Convenience Centers, Professional Service, Other Large Convenience Centers. 2. If development can demonstrate compatibility it may also be allowed adjacent to: Light Industrial, High Density Residential, Moderate Density Residential; 3. Large Convenience Center development shall not be allowed adjacent to other intensity land uses unless unique characteristics of the individual site, to the siting or design of the development, would alleviate the problem. 4. Development shall only be allowed in areas where compatibility conflicts with citizens of the area can be resolved. 5. Development shall only be allowed if the need for such a facility can be proved.. B. Findings. After considering the record in this matter, the City Council makes the following findings: (1) All Findings stated above are restated in relation to the requirements of the 1981 Yakima Urban Area Comprehensive Plan. (2) During the pendancy of the Application, Mercy advised the City and the Regional Planning Commission that, unless otherwise directed, it would pursue the requested rezone under the procedures and criteria of the 1981 Yakima Urban Area Comprehensive Plan ("Comp Plan") and the Yakima Urban Area Zoning Ordinance. (3) The Subject Property has approximately 1140 linear feet of frontage on the north side of River Road. Approximately 30 acres zoned Large Convenience Center (LCC) lies north of River Road between the southerly portion of the Subject Property and North 16th Avenue. The Yakima Cinema, a ten (10) movie theater complex, occupies part of the northerly portion of this area. A medical clinic is under construction immediately south of the movie theaters. (4) Approximately 8.75 acres lies north of the cinema between North 16th Avenue and the Subject Property. Of this, 2.69 is zoned Light Industrial (M-1); the rest is zoned Professional Office (B-1). (5) The Subject Property includes more than 1350 linear feet of discontinuous frontage on the west side of North 6th Avenue. Other ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 4 of 26 property between the Subject Property and North 6th Avenue is zoned Light Industrial (M-1). Most of this is owned by C.M. Holtzinger Fruit Co., Inc., and is used for fruit packing and storage facilities. (6) State Route 12 and two parcels zoned Light Industrial (M-1) bound the Subject Property to the north. (7) Properties west of North 16th Avenue are zoned Professional Office (B-1) and Local Business (B-2) and include Lake Aspen Office Park and other office and business uses. (8) The property east of North 6thAvenue is all zoned Light Industrial (M-1) and includes agricultural and industrial land uses, with a few homes scattered among orchards. (9) The weight of the evidence is that the requested rezone and Proposed Uses are compatible with adjacent properties. (10) Traffic issues predominated compatibility concerns expressed by owners/users of property zoned Light Industrial and citizens. (11) Mercy has agreed to the Development Agreement which is attached to this Ordinance as Attachment B. (12) A regional retail shopping mall requires a large site. (13) The 85 -acre size of the Subject Property provides an appropriate quantity of land for a regional retail shopping mall. (14) There is no other appropriate site for a regional retail shopping mall in the City of Yakima. (15) The testimony and reports of economists submitted by Mercy demonstrate that consumer demand for mall type goods in the Yakima area is not satisfied by existing retail businesses in the Yakima area. (16) The population of the Yakima trade area and the demand for retail sales of the kind of goods sold at a regional shopping mall are likely to increase significantly in the near future. As stated by the Hearing Examiner at page 34 of his Recommendation, based on population growth projections for the Yakima area, "Significant growth in retail demand is reasonable and probable within the trade area." (17) During the pendancy of this application, two parties interested in developing property outside the City of Yakima opposed the requested rezone. These parties did not appear at the City Council meeting on June 1 and 8, 1999, but participated fully in the open -record public hearing conducted by the Hearing Examiner. Such participation reinforces Mercy's assertion that "the market" is distinctly interested in. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 5 of .26 the possibility of —and that a need exists for — a new regional retail shopping mall in the greater Yakima area. It also reinforces the sense that, if the rezone is not allowed, the City of Yakima may lose retail sales tax revenues to a neighboring jurisdiction. (18) If a new regional retail shopping mall is not developed within the City of Yakima, there is a significant possibility, if not a likelihood, that such a facility will, be developed in a nearby jurisdiction. (19) The City of Yakima, as a government, has a significant interest in receiving the retail sales tax revenues which are likely to be generated in the future by a new regional retail shopping mall. (20) The requested rezone appears likely to have a positive effect on the City of Yakima's retail sales tax revenues. C. Conclusions. Based on all Findings above, the City Council makes the following conclusions: (1) Pursuant to City of Yakima Ordinances 98-29 and 98-45, the requested rezone, which was filed April 4, 1996, is subject to review under the 1981 Yakima Urban Area Comprehensive Plan. (2) Based on the improvements to be provided by Mercy according to the attached Development Agreement, the requested rezone and Proposed Uses are compatible with adjacent properties. (3) There is a need in the City of Yakima for a regional retail shopping mall. (4) The requested rezone is needed to provide an appropriate site with appropriate zoning for the development of a regional retail shopping mall. (5) The requested rezone satisfies the requirements of the 1981 Yakima Urban Area Comprehensive Plan. 3. Review Under Title 15 of the Yakima Municipal Code: A. Criteria: (1) Section 15.03.030(9) YMC provides: The purpose and intent of the large convenience center district is to: a. Provide areas for commercial activities outside the central . business district that meet the retail shopping and service needs of the community; and ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 6 of 26 b. Accommodate existing clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. New large convenience centers will generally be greater than ten acres in size, and may be permitted when they demonstrate that they will complement, and not have a significant detrimental impact on, existing commercial areas or surrounding land uses. (2) Section 15.23.030(E) YMC provides the following generally applicable criteria for rezones. The criteria function in the first instance as considerations required of the Hearing Examiner's Recommendation. Then they function as considerations required of the City Council for its decision to affirm or reject the Hearing Examiner's Recommendation pursuant to § 15.23.030(F) YMC: 1. The .testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. Therecommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and, 7. The public need for the proposed change. B. Findings: After considering the record in this matter, the City Council makes the following findings: (1) All Findings stated above are restated in relation to the requirements of Title 15 YMC. (2) The City Council considered the record including the contents of the file, the testimony and evidence presented at the open -record public hearing, and the Hearing Examiner's Recommendation. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 7 of 26 (3) The Subject Property is: (a) Generally undeveloped; (b) Unusually convenient to the North 16th Avenue interchange with State Route 12, a major regional highway; (c) Flat and does not include floodplains or other critical areas. (4) Primary access to the Proposed Uses on the Subject Property is proposed from North 16th Avenue, a Principal Arterial street, with secondary and tertiary access from River Road and North 6th Avenue. (5) Neighboring land uses include: (a) Orchard; (b) Movie theaters; (c) Undeveloped land; (d) Butcher shop; (e) Fruit storage and packing; (f) Medical services; (g) Business offices; (h) A few scattered single-family residences. (6) A survey of businesses conducted and reported by Hebert Research showed that the requested rezone would complement existing commercial areas. (7) Mercy will, pursuant to the Development Agreement, construct substantial street system and frontage improvements on North 16th Avenue, River Road and North 6th Avenue. (8) The Hearing Examiner considered the City Planning Division Staff Report, which recommended approval of the requested rezone subject to conditions included in the Preliminary Draft Development Agreement. (9) The City Council considered the record including the City Planning Division Staff Report and the Hearing Examiner's Recommendation. (10) Public facilities including streets, domestic and irrigation water, and wastewater infrastructure are either adequate now or will be ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 8 of 26 rendered adequate for the Proposed Uses by improvements which will be constructed by Mercy under the attached Development Agreement. C. Conclusions: Based on the above Findings, the City Council makes the following conclusions: (1) The Hearing Examiner and the City Council have considered the extent to which the requested rezone complies with and/or deviates from goals and policies of the Comp Plan and the intent of Title 15 YMC, which is stated at § 15.01.030 YMC. (2) The Subject Property is suitable for the Proposed Uses as permitted in the Large Convenience Center (LCC) zoning district. (3) Discussion: Objective III of the 1981 Comp Plan provides: [Land use decisions should] Assure that future land use controls respond to, rather than attempt to direct market demand by providing a degree of predictability to land use decisions while retaining flexibility to address individual situations. Opponents asserted that under the Proposed Uses the requested rezone would have a significant detrimental impact on downtown Yakima. The concepts of complementarity and "no significant detrimental impact" function as equivalent expressions of the same criterion, rather than as logically independent criteria. Opponents offered economic evidence that the requested rezone and Proposed Uses would depend for success on diverting both retail businesses and customers from existing commercial areas, particularly downtown Yakima. On that basis opponents asserted that the requested rezone would have a "significant detrimental impact on existing commercial areas," contrary to the provisions of § 15.03.030(9) YMC. The requested rezone, in conjunction with the Proposed Uses, will introduce competition to existing commercial areas, and such competition may challenge existing retail businesses and their landlords. However, competition is not, in and of itself, a "significant detrimental impact" under § 15.03.030(9) YMC. There is no showing that the requested rezone will result in more than competition. If, for instance, there were substantial evidence that the requested rezone would result in blight to existing commercial areas, approval might not be consistent with the provisions of § 15.03.030(9) YMC. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 9 of 26 Therefore, the requested rezone will complement and not have a significant detrimental impact on existing commercial areas. (4) The requested rezone will complement and not have a significant detrimental impact on surrounding land uses. (5) The improvements to be provided by Mercy according to the attached Development Agreement will accommodate existing clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. (6) A public need exists for the requested rezone in conjunction with the Proposed Uses. (7) The requested rezone satisfies the requirements of Title 15 YMC. 4. Other Requirements A. Changed Circumstances: Washington law generally requires that the City Council determine that changed circumstances justify rezoning land. (1) Findings: After considering the record in this matter, the City Council restates all findings stated above in relation to the requirement of changed circumstance. (2) Conclusion: Based on all Findings stated above, the City Council concludes that changed circumstances justify rezoning the Subject Property from Light Industrial (M-1) to Large Convenience Center (LCC) for the Proposed Uses as conditioned by this Ordinance and the attached Development Agreement. B. Development Agreement: §§ 36.70B.170-210 RCW provide a statutory basis for the Development Agreement attached to this Ordinance as Attachment B. (1) Findings: (a) After considering the record in this matter, the City Council restates all findings stated above in relation to the requirements for a Development Agreement. (b) The Development Agreement attached to this Ordinance as Attachment B is the successor to a "Preliminary Draft Development Agreement" included in the City Planning Division Staff Report to the Hearing Examiner. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 10 of 26 (c) That Preliminary Draft Development Agreement was revised pursuant to discussions between City staff and representatives of Mercy. (d) The key points of the revised "Preliminary Draft Development Agreement" were offered orally to the Hearing Examiner during the open -record public hearing on February 5, 1999, and a revised text was submitted during the open -record public hearing on February 12, 1999. (e) The Hearing Examiner considered the revised Preliminary Draft Development Agreement and adopted it as an essential component of his Recommendation. (f) The City Council considered the revised Preliminary Draft Development Agreement recommended by the Hearing Examiner and made several relatively minor amendments. (g) The Development Agreement attached to this Ordinance has been redrafted by the City Legal Department to improve its form. C. Conclusion: The Development Agreement attached to this Ordinance is authorized by state law. Section 2. Amendment of Official Yakima Urban Area Zoning Map: Subject to the provisions of Section 4 below, the Official Yakima Urban Area Zoning Map shall be amended to rezone the Subject Property from Light Industrial (M-1) to Large Convenience Center (LCC). It shall be the responsibility of the owner to request in writing addressed to the City Manager that the City inspect the property and all required improvements to verify satisfaction of the conditions precedent. The Official Yakima Urban Area Zoning Map shall be amended only after the City verifies satisfaction of the conditions precedent. Section 3. General Conditions: The rezone approval granted by this ordinance is expressly conditioned on Mercy's satisfaction of each and every condition. Separate review and evaluation under applicable rezone procedures and development regulations shall be required for LCC uses other than the Proposed Uses. Traffic improvements to North 16th Avenue shall be coordinated with the entrance to Lake Aspen Business Park as provided regarding construction of improvements for Phase One in Section 6 of the attached Development Agreement. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 11 of 26 Section 4. Conditions Precedent: The rezone granted by this ordinance is made expressly subject to satisfaction of all of the following conditions precedent: a. On or before July 18, 2003, Mercy, or its successors , shall file a substantially complete building permit application for construction of at least 467,500 square feet of the proposed regional retail shopping mall; provided, however, that this building permit application deadline may, at the sole discretion of the City, be extended until no later than January 18, 2004, by written decision of the Director of Community and Economic Development (the "Director"). b. On or before July 18, 2004, Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall, provided, however, if the six (6) month extension is granted pursuant to Section 4a above, then Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall on or before January 18, 2005. Upon satisfaction of all of the foregoing conditions precedent, the Director shall execute a recordable written instrument certifying that all of the conditions have been satisfied and the rezone shall become effective. This certificate of satisfaction of conditions shall be recorded at the Yakima County Auditor's Office. However, in the event that all of the foregoing conditions precedent are not satisfied by January 18, 2005, then this Ordinance shall be deemed to have no legal force or effect, and the rezone provided for herein shall not be effective. If the specified conditions precedent are not satisfied within the specified period, the rezone approval subject to conditions precedent provided by this Ordinance shall expire. Section 5. Final site plans, including the items shown on the original site plan, and additions or modifications required by this ordinance, and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the City Planning Division prior to issuance of a Certificate of Zoning Review or building permit, pursuant to YMC 15.12.050. Section 6. The rezone provided by this ordinance shall be reported to the Regional Planning Commission with the City Council's direction that the Yakima Urban Area Comprehensive Plan Future Land Use Map should be amended during the next cycle of Comprehensive Plan Amendments to maintain a proper relationship between it and the Official Yakima Urban Area Zoning Map. Section 7. The City Manager is authorized to execute the Development Agreement as it appears in Attachment B, provided that the names of other parties with recorded interests in the Subject Property shall be added to ensure that all parties with interests of record join in the Development Agreement. ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL Page 12 of 26 Section 8. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. 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. PASSE�THE CITY COUNCIL at a regular meeting and signed and approved this / day of June, 1999. ATTEST: / Gt/ 2_,, ,IGJ C /zt City Clerk Publication Date: June 18, 1999 Effective Date: July 18, 1999 John Puccinelli, Mayor C:\word\rezones\mercy- riverside\ ord \ draft final4.docLast printed June 16, 1999 10:36 AM ORDINANCE 99-23 RZ 3-96 MERCY ENTERPRISES - RIVERSIDE MALL . Page 13 of 26 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL A: Yakima County Assessor's Parcels #181312-31007, -34400. That part of the South half of the Northeast quarter of the Southwest quarter of Section 12, Township 13, North, Range 18, E.W.M., described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28; thence North 249.5 feet; thence West 250.6 feet; thence South 88°34' West 128.1 feet; thence South 65°56' West 147.9 feet; thence South 85°00' West 110.5 feet; thence South 72°48' West 211.5 feet; thence South 75°42' West 121.9 feet; thence South 68°24' West 184.8 feet; thence South 89°24' West 175 feet to the Northwest corner of Lot 4 in said plat; thence East along the North Boundary thereof to the point of beginning; EXCEPT right of way for Burlington Northern Railroad; AND EXCEPT right of way for the State Highway; AND EXCEPT that part of the Southwest quarter of Section 12, described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; thence South 89°56'50" 'West along the North boundary thereof 258.20 feet; thence North parallel with the East boundary thereof 119 feet; thence North 89°56'50" East 258.20 feet; thence South 119 feet to the point of beginning. PARCEL B: Yakima County Assessor's Parcels #181312-34401, -34402, -34404, -34405, -34406. The Southeast quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M.; EXCEPT that portion described as follows: Commencing at the Northeast corner of said Southeast quarter of the Southwest quarter; thence South along the East line of said subdivision a distance of 660 feet; thence West 30 feet to the West line of North 6th Avenue and thei true point of beginning; thence West a distance of 635 feet; thence South a distance of 315 feet; thence East a distance of 635 feet to the West line of North 6th Avenue; thence North along the West line of North 6th Avenue a distance of 3.15 feet to the true point of beginning; ALSO known as Lots 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 and 16 of the vacated plat of SUMMERSIDE ORCHARD TRACTS, recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; ORDINANCE 99-23 ATTACHMENT A — LEGAL DESCRIPTION OF REZONED PROPERTY Page 14 of 26 EXCEPT right of way for North 6th Avenue along the East side; Except that portion of vacated 30 foot road right of way abutting the south side of Lots 9 and 10 of said SUMMERSIDE ORCHARD TRACTS, which would accrue to said Lots by reason of Order of Vacation, recorded February 13, 1976 in Volume 982 of Official Records, under Auditor's File No. 2411122, records of Yakima County, Washington; AND EXCEPT that portion described as follows: Beginning at the Northeast corner of the Northeast quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; thence South 0°0' East along the East line of said subdivision 39.75 feet; thence North 90°0' West 760 feet; thence North 0°0' East 43.99 feet; thence South 89°40'50" East 760.0 feet to the true point of beginning. PARCEL C: Yakima County Assessor's Parcels #181312-33001, -33002. That portion of the Southwest quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M., described as follows: Beginning at the Southeast corner of said Southwest quarter of the Southwest quarter; thence West along the South line of said subdivision a distance of 883.7 feet, more or less, to the Easterly line of a tract of land conveyed to Isabel R. Wert, by deed recorded September 26, 1940 in Volume 352 of Deeds, under Auditor's File No. 916268, records of Yakima County, Washington; thence North 1°25' East to the North line of the Southwest quarter of the Southwest quarter of said Section 12; thence East to the Northeast corner of said Southwest quarter of the Southwest quarter; thence South along the East line thereof to the Southeast corner of said Southwest quarter of the Southwest quarter to the point of beginning; EXCEPT any portion thereof lying Northerly of the Southerly right of way line of State Highway SR -12 conveyed by Auditor's File No. 2205573, records of Yakima County, Washington. PARCEL D: Yakima County Assessor's Parcels #181313-21401, -21403, -21404. Lot 1, 3 and 4 of Short Plat 80-68, as recorded under Auditor's File No. 2583131, records of Yakima County, Washington. PARCEL E: Yakima County Assessor's Parcel #181313-22001. The North 227 feet of the East 883.7 feet of the Northwest quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; EXCEPT the East 33 feet thereof. ORDINANCE 99-23 ATTACHMENT A — LEGAL DESCRIPTION OF REZONED PROPERTY Page 15 of 26 Filed at request of and return to: CITY CLERK City of Yakima 129 N. 2nd St. Yakima, WA 98901 GRANTORS: ATTACHMENT B DEVELOPMENT AGREEMENT Mercy Development Company, L.P., a Washington limited partnership, d/b/a Mercy Enterprises; and Jere Irwin; and Diane Irwin GRANTEE: CITY OF YAKIMA LEGAL DESCRIPTION Portions of Sections 12 and 13, Township 13 North, Range 18 E.W.M. ADDITIONAL DESCRIPTION: See attached Exhibit 1 Assessor's Tax Parcels: 181312-31007, -33001, -33002, -34400, -34401, -34402, -34404, -34405, -34406; 181313-21004, -21401, -21403, -21404, -22001. This Development Agreement (the "Agreement") is made between the City of Yakima, Washington, a Washington municipal corporation (the "City"), and Jere Irwin, and Diane Irwin, and Mercy Development Company, L.P., a Washington limited partnership, d/b/a Mercy Enterprises (hereinafter collectively referred to as "Developer"). ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 16 of 26 RECITALS A. Developer has applied for rezone of 13 parcels (Yakima County Assessor's Tax Parcels #181312-31007, -33001, -33002, -34400, -34401, -34402, -34404, -34405, -34406; and 181313 -21401, -21403, -21404, -22001) (the 13 parcels are referred to in this Development Agreement as the "Subject Rezone Property") from Light Industrial (M-1) to Large Convenience Center (LCC) in order to establish rights to pursue the following activities, which shall be referred to subsequently as the "Proposed Uses": pursue phased development and use of the 13 parcels and one other parcel which is already zoned LCC (Yakima County Assessor's Tax Parcel #181313-21004) (the 14 parcels are referred to collectively in this Development Agreement as the "Subject Development Property") for a regional retail shopping mall of up to 850,000 square feet gross leasable area and additional, separate commercial and office buildings of up to 120,000 square feet gross leasable area, according to a graphic Concept Site Plan and verbal descriptions stated in the Final Environmental Impact Statement issued on November 16, 1998, and at various points in documents and testimony submitted by Mercy (the "Proposed Uses"). B. The City is conditionally willing to rezone the 13 parcels as LCC, Large Convenience Center, to allow Developer to pursue the Proposed Uses. C. This Development Agreement is an Attachment to Ordinance 99-23 of the City of Yakima, and must be understood and construed in conjunction with Ordinance 99-23. D. This Development Agreement is authorized by §§ 36.70B.170-210 RCW. AGREEMENT In consideration of the mutual benefits provided by the following terms, the City and the Developer agree and promise: 1. Development Regulations. Developer agrees that, for the purposes of establishing and enforcing this development agreement and subject to the provisions hereof, the City's development regulations in effect when this Agreement is first fully executed by all parties are "development regulations adopted by a local government planning under Chapter 36.70A RCW" according to the provisions of RCW 36.70B.170. 2. Pursuant to § 36.708.170 RCW, this Development Agreement sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property legally ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 17 of 26 described in "Exhibit 1" attached hereto and incorporated herein (the "Subject Development Property"). 3. Pursuant to § 36.70B.170(4) RCW, the City hereby reserves authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 4. Conditions Precedent to Rezone of Subject Rezone Property. The Subject Rezone Property shall be rezoned from Light Industrial (M-1) to Large Convenience Center (LCC) if and only if the following conditions precedent specified in Section 4 of Ordinance 99-23 are satisfied: a. On or before July 18, 2003, Mercy, or its successors , shall file a substantially complete building permit application for construction of at least 467,500 square feet of the proposed regional retail shopping mall; provided, however, that this building permit application deadline may, at the sole discretion of the City, be extended until no later than January 18, 2004, by written decision of the Director of Community and Economic Development (the "Director"). b. On or before July 18, 2004, Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall, provided, however, if the six (6) month extension is granted pursuant to Section 4a above, then Mercy shall obtain the City of Yakima building permit for the regional retail shopping mall on or before January 18, 2005. Upon satisfaction of all of the foregoing conditions precedent, the Director shall execute a recordable written instrument certifying that all of the conditions have been satisfied and the rezone shall become effective. This certificate of satisfaction of conditions shall be recorded at the Yakima County Auditor's Office. However, in the event that all of the foregoing conditions precedent are not satisfied by January 18, 2005, then this Ordinance shall be deemed to have no legal force or effect, and the rezone provided for herein shall not be effective. 5. Developer and the City shall pursue amendments to the City of Yakima's Comprehensive Plan to ensure that the provisions of the Comprehensive Plan appropriately relate to the zoning of the Subject Rezone Property established by Ordinance 99-23. 6. Construction of Improvements for Phase One. The City shall not issue a Certificate of Occupancy for Phase One of the proposed regional retail shopping mall unless and until the street improvements listed below shall be completely ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 18 of 26 constructed by Developer, to the satisfaction of the City Engineer. Design and the actual improvements shall accommodate appropriate and adequate access to Lake Aspen Business Park. a) Install traffic control signals at the State Route 12 westbound off ramp and North 16th Avenue. b) Install traffic control signals at the Riverside Mall entrance on North 16th Avenue. c) Install two left turn lanes on North 16th Avenue at entrance to mall. d) Install an additional lane westbound at entrance to mall. e) Install traffic control signals at North 16th Avenue and River Road. (Any funds received by City from other developers for this improvement shall be applied to the improvement, including design.) f) Install left turn pockets on River Road at 16th Avenue. g) Widen River Road to three (3) lanes between North 6th Avenue and North 16th Avenue. h) Install eastbound left turn pocket on River Road at entrance to mall. i) Improve North 6th Avenue between easterly mall entrance and River Road. Improvements shall be made within existing right-of-way. Right-of-way acquisition shall not be an element of improvement. Improve North 6th Avenue between River Road and Fruitvale. Improvements shall be made within existing right-of-way. _ Right-of- way acquisition shall not be an element of improvement. Developer shall be responsible for the full cost of the design and construction of the street and intersection improvements listed above. The projects listed above fulfill Developer's responsibility for all traffic system improvements identified in the FEIS. 7. Supplemental Traffic Review by City. No building permit applications which would result in total development on the Subject Development Property in excess of 467,500 square feet gross leasable area shall be issued before the City conducts supplemental traffic review to ensure adequate capacity for traffic which may be generated by the total development. As a result of such supplemental traffic review, the City may require the Developer j) to: a) Install second lane on State Route 12 westbound off ramp, widen bridge over State Route 12, and add stop control for right turn movement off eastbound ramp. ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 19 of 26 b) Install northbound right turn lane on 16th Avenue at mall entrance. c) Construct other mitigation not identified in the FEIS. In consideration of the Developer's agreement to construct all the improvements listed in Paragraph 6 above, the City shall not, in any event, require the Developer to construct other mitigation listed in the FEIS. The scope of supplemental traffic review will be the study area of the FEIS. The responsible official under SEPA may adopt the EIS or issue a Mitigated Determination of Nonsignificance for development in excess of 467,500 square feet of the regional retail shopping mall. Environmental review of traffic issues shall be subject to the provisions of the SEPA ordinance in effect at that time. In the event supplemental traffic review identifies impacts which require mitigation by improvements not mentioned in the FEIS, the developer will assume a proportionate share of those improvements. Fiscal Responsibility and proportionate shares for any improvements determined necessary for subsequent projects would be determined as a result of this future study and would be the subject of another Development Agreement with the City. S. Reservation of Capacity. The construction of identified street improvements shall create a substantial increase in road capacity with such capacity exceeding projected use requirements for the regional shopping center. The City shall reserve developer -constructed capacity enhancements for the benefit of the rezoned property for a period of twenty (20) years from the time of construction of the specific improvement. The City Traffic Engineer shall compute and record the amount of such reserved capacity less background traffic growth, calculated at 2.5% annually unless otherwise established by actual measurement (in accordance with the FEIS assumptions). 9. Right -of -Way Acquisition. City of Yakima will consider using its power of eminent domain in order to acquire any right-of-way necessary for contemplated improvements on North 16th Avenue between State Route 12 and River Road, and on River Road between North 6th Avenue and North 16th Avenue. In the event the City elects not to use eminent domain the City will evaluate other design alternatives or adjustments. The cost of such right-of-way acquisition shall be the responsibility of Developer. Right-of-way acquisition is not required, however, for improvements on North 6th Avenue between the mall entrance and Fruitvale Boulevard. Improvements on such road segments shall be within the existing road right-of-way. 10. Latecomers' Agreement. The City and Developer shall cooperate in the formation of a road benefit district and/or latecomers' agreement with respect to ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 20 of 26 improvements required to be constructed by Developer other than projects identified in Section 6 above. Such latecomers' agreement and/or road benefit district shall be subject to applicable laws and procedures. 11. Cooperation. The City and Developer shall cooperate with one another in order to allow the City to utilize the funds or improvements contemplated by this Agreement as a match for securing either state or federal road improvement funding. 12. Easement for Access. An easement shall be granted to the two parcels zoned Professional Business (B-1) located directly northwest of the rezone site to mitigate increased traffic which may prohibit or restrict commercial driveways and left turn movements to the section of North 16th Avenue in the vicinity of State Route 12. 13. Participation in Utility Connections. Participation in the 27 -inch Tamarack sewer interceptor and public utility easement is required across the property. Participation in the sewer interceptor may off -set connection charges for the 89 -acre rezone area. Wastewater connection charges are expected to be in the $220,000 to $240,000 range with the developer constructing the collection for the area. 14. Security Plan. A Security Plan shall be submitted to the City, to be approved by the City Police Chief, including an EMS component. Elements to also be included in the Plan include number and training level of security personnel, designation of emergency vehicle parking at each entrance to the mall and elevated hydrant signs located in the parking lot, among others. 15. Site Plan. Review of this development shall be subject to detail site plan requirements and compliance with SEPA Phased Review and applicable development regulations, but subject to the provisions hereof. 16. Attorney Fees—Enforcement. Developer shall pay the City's costs and attorneys fees incurred to enforce this development agreement. 17. Term and Modification. This Development Agreement shall govern the development and use of the Subject Development Property for an indefinite period of time, unless modified after a public hearing. 18. Recordation/ Binding Effect. 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 the City and Developer, and all Developer's assigns and successors in interest. 19. 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: ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 21 of 26 In the case of the City to: In the case of Mercy to: City of Yakima Mercy Enterprises c/o City Manager c/o Velikanje, Moore & Shore, P.S. 129 North Second Street 405 East Lincoln Avenue Yakima, Washington 98901 P.O. Box 22550 Yakima, Washington 98902 20. Effective Date. This Agreement shall become effective upon a final determination approving the rezone by the appropriate legislative body, with such decision not being subject to any further or additional appeals. 21. 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. Developer Mercy Development Company, L.P., a Washington limited partnership, d/b/a Mercy Enterprises By ,a-.4�- � �yxr Kathi Mercy General Partner The City of Yakima, a Washington Municipal Corporation By -4 R. A. AIS, JR. CITY MANAGER ATTEST: City Clerk (0-1-/ -9 61 SEAL OWNER Jere Irwin By ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Diane Irwin OWNER City Contract No. 99-81 Ordinance No. 99-23 Page 22 of 26 State of Washington ) ) ss: County of Yakima ) On this day personally appeared before me KATHI D. MERCY , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: !e o?,1 , 1999 Prim: Name: Cynthia A. McConnell NO ARY PUBLIC in and for the State of Washington, residing at Yakima My commission expires: 5/20/2003 County o ) On this day personally appeared before me DIANE IRWIN ,tome known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: July (i, 1999 Priname: Cv/nthia A. McConnell NOTARY PUBLIC in and for the State of Washington, residing at Yakima My commission expires: 5/20/2003 County o On this day personally appeared before me JERE IRWIN ,tome known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: July 4, 1999 d Name: e_eo ddel NOTARY PUBLI in and for the State of Washington, residing at )49,1,,,O y My commission expires: bUivl 003 EVELOPMENT AGREEMENT Page 23 of 26 0 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY SUBJECT TO DEVELOPMENT AGREEMENT PARCEL A: Yakima County Assessor's Parcels #181312-31007, -34400. That part of the South half of the Northeast quarter of the Southwest quarter of Section 12, Township 13, North, Range 18, E.W.M., described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28; thence North 249.5 feet; thence West 250.6 feet; thence South 88°34' West 128.1 feet; thence South 65°56' West 147.9 feet; thence South 85°00' West 110.5 feet; thence South 72°48' West 211.5 feet; thence South 75°42' West 121.9 feet; thence South 68°24' West 184.8 feet; thence South 89°24' West 175 feet to the Northwest corner of Lot 4 in said plat; thence East along the North Boundary thereof to the point of beginning; EXCEPT right of way for Burlington Northern Railroad; AND EXCEPT right of way for the State Highway; AND EXCEPT that part of the Southwest quarter of Section 12, described as follows: Beginning at the Northeast corner of Lot 1, THE SUMMERSIDE ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; thence South 89°56'50" West along the North boundary thereof 258.20 feet; thence North parallel with the East boundary thereof 119 feet; thence North 89°56'50" East 258.20 feet; thence South 119 feet to the point of beginning. PARCEL B: Yakima County Assessor's Parcels #181312-34401, -34402, -34404, -34405, -34406. The Southeast quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M.; EXCEPT that portion described as follows: Commencing at the Northeast corner of said Southeast quarter of the Southwest quarter; thence South along the East line of said subdivision a distance of 660 feet; thence West 30 feet to the West line of North 6th Avenue and the true point of beginning; thence West a distance of 635 feet; thence South a distance of 315, feet; thence East a distance of 635 feet to the West line of North 6th Avenue; thence North along the West line of North 6th Avenue a distance of 315 feet to the true point of beginning; • ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 24 of 26 ALSO known as Lots 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 and 16 of the vacated plat of SUMMERSIDE ORCHARD TRACTS, recorded in Volume "A" of Plats, page 28, records of Yakima County, Washington; EXCEPT right of way for North 6th Avenue along the East side; Except that portion of vacated 30 foot road right of way abutting the south side of Lots 9 and 10 of said SUMMERSIDE ORCHARD TRACTS, which would accrue to said Lots by reason of Order of Vacation, recorded February 13, 1976 in Volume 982 of Official Records, under Auditor's File No. 2411122, records of Yakima County, Washington; AND EXCEPT that portion described as follows: Beginning at the Northeast corner of the Northeast quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; thence South 0°0' East along the East line of said subdivision 39.75 feet; thence North 90°0' West 760 feet; thence North 0°0' East 43.99 feet; thence South 89°40'50" East 760.0 feet to the true point of beginning. PARCEL C: Yakima County Assessor's Parcels #181312-33001, -33002. That portion of the Southwest quarter of the Southwest quarter of Section 12, Township 13 North, Range 18, E.W.M., described as follows: Beginning at the Southeast corner of said Southwest quarter of the Southwest quarter; thence West along the South line of said subdivision a distance of 883.7 feet, more or less, to the Easterly line of a tract of land conveyed to Isabel R. Wert, by deed recorded September 26, 1940 in Volume 352 of Deeds, under Auditor's File No. 916268, records of Yakima County, Washington; thence North 1°25' East to the North line of the Southwest quarter of the Southwest quarter of said Section 12; thence East to the Northeast corner of said Southwest quarter of the Southwest quarter; thence South along the East line thereof to the Southeast corner of said Southwest quarter of the Southwest quarter to the point of beginning; EXCEPT any portion thereof lying Northerly of the Southerly right of way line of State Highway SR -12 conveyed by Auditor's File No. 2205573, records of Yakima County, Washington. PARCEL D: Yakima County Assessor's Parcels #181313-21401, -21403, -21404. Lot 1, 3 and 4 of Short Plat 80-68, as recorded under Auditor's File No. 2583131, records of Yakima County, Washington. ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 25 of 26 PARCEL E: Yakima County Assessor's Parcel #181313-22001. The North 227 feet of the East 883.7 feet of the Northwest quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; EXCEPT the East 33 feet thereof. PARCEL F: Yakima County Assessor's Parcel #181313-21004. Beginning at a point two rods West of .the Southwest corner of the Northeast quarter of the Northwest quarter of Section 13, Township 13 North, Range 18, E.W.M.; thence North parallel to the East line of the Northwest quarter of the Northwest quarter of said Section 973.5 feet; thence East and parallel with the North line of said Section 223.73 feet; thence South and parallel with the East line of said Northwest quarter of the Northwest quarter of said Section 973.5 feet; thence West on the quarter line 223.73 feet to the place of beginning; EXCEPT right of way for River Road on the south side. C:\word\rezones\mercy- riverside\ord\draft final4.doc Last printed June 16, 1999 10:58 AM ORDINANCE 99-23 ATTACHMENT B — DEVELOPMENT AGREEMENT Page 26 of 26 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: ,;2 For Meeting of: June 15, 1999 ITEM TITLE: Consideration of an Ordinance and Development Agreement for Approval with Conditions of a Rezone Application by Mercy Enterprises to rezone 4 parcels (total land area of 84 acres) from M-1 to LCC Zoning District for the purpose of construction of a regional shopping mall, herein referred to as "Riverside Mall." SUBMITTED BY:m Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Planner (575-6164) SUMMARY EXPLANATION: The City Council approved the above noted Rezone application from Mercy Enterprises on June 8, 1999 and directed City Legal to prepare the implementing ordinance and development agreement. The Development Agreement is "Attachment B" to the proposed Ordinance. The Development Agreement has been somewhat reformatted and corrected for proper legal form. STAFF RECOMMENDATION: Approve the Ordinance and Development Agreement BOARD/COMMISSION RECOMMENDATION: Examiner recommends approval COUNCIL ACTION: