HomeMy WebLinkAboutR-1996-049 I-82 Interchange / Yakima Ave / Gary Lukehart / Final PlatRESOLUTION NO R-96- 49
A RESOLUTION ratifying the Hearing Examiner's decision approving
amendment of the Yakima Gateway Center Final Plat, and
authorizing the mayor to sign the revised final plat.
WHEREAS, Gary Lukehart has applied for amendment to the Yakima Gateway
Center Final Plat (City No Plat Alteration #1-96), and
WHEREAS, pursuant to YMC 143 080(D) this matter is subject to final decision by
the Hearing Examiner, and
WHEREAS, the Hearing Examiner, after public notice, conducted a public hearing
on March 14, 1996, regarding this application and on April 1, 1996, issued his
decision (Examiner No I96-4-15) approving the requested plat amendment, and no
appeal of this decision was filed during the following fourteen days, and
WHEREAS, in order for the Hearing Examiner's decision to be given full and proper
effect it is necessary and also in the best interests of the City that the City Council
ratify the Hearing Examiner's decision and authorize the mayor to sign the revised
final plat, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Hearing Examiner's April 1, 1996 decision, a copy of which is attached to this
resolution as Attachment A, is ratified and the mayor is authorized to sign the
revised final plat of the Yakima Gateway Center
ADOPTED BY THE CITY COUNCIL this /ivday of
1996
ATTEST
City Clerk
Lynn Buchanan, Mayor
lap\land use\subdiv\lukehart/gatewav plat amend April 12, 1996 9:01 AM
RES YAKIMA GATEWAY CENTER PLAT AMENDMENT Page 1
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ISSUED: APRIL 1, 1996
Plat Alteration Request by ) EXAXINER'S DECISION
)
Gary Lukehart ) City No. Plat Alterationl
)
for Gateway Center ) Examiner No. I96-4-16
A public hearing was conducted on March 14, 1996. The staff
report presented by Joan Davenport recommended approval. There was
no opposition. The Examiner inspected the property prior to the
hearing.
This decision constitutes a decision appealable to the Yakima
City Council, supported by written Findings and Conclusions,
pursuant to YMC 1.43.080(d).
From the view of the site, the matters contained in the
official record including the Staff Report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. Gary Lukehart.
2. Location. This property involves the Gateway Center
plat, recorded with the Yakima County Auditor on September 28, 1994
(Book of Plats D, page 75; Auditor File No. 3067500, Volume 1453,
page 1840).
3. Application. Plat alteration.
4. Background. On September 20, 1994 the Yakima City
Council approved the Yakima Gateway Center Final Plat (Resolution
R-94-126) which created 10 lots of commercial zoning northwest of
the Yakima Avenue interchange reconstruction project. The plat was
recorded with the Yakima County Auditor on September 28, 1994 (Book
of Plats DD, page 75; Auditor file #3067500, Vol. 1453 1840).
EXAMINER'S DECISION - 1
lap\land use\subdiv\lukehart/gateway plat amend April 12, 1996 9:01 AM
RES YAKIMA GATEWAY CENTER PLAT AMENDMENT Attachment A
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
4111
Building permits have been issued for Lot 1 (Target); Lot
2 (consisting of three retail areas, permitted as The Avenue); Lot
3 (Thrifty Foods); Lot 5 (Office Max); Lot 6 (Pier 1 and a bank
among four other lease areas) and Lot 7 (a bank, along with 5 other
retail areas).
On February 2, 1996, a lot line adjustment was approved
for Lot 3 (Thrifty Foods) with minor alterations involving Lots 2
and 4 as an exemption to the platting ordinances. This request was
necessary to adjust for a building encroachment. Other changes
were desired which would significantly change the configuration of
Lots 4 and 5. This application for a Plat Alteration will
officially alter the lot lines and legal descriptions of lots 4 and
5, as well as codify the previous changes for lots 2, 3, and 4.
The property is zoned Central Business District Support.
5. Jurisdiction. Plat alterations are governed by RCW
58.17.215 and have been delegated to the Hearing Examiner pursuant
to the provisions of YMC 1.43.080. All necessary parties have
joined in this application.
6. Staff Report. The statements of fact contained within
1111
the staff report prepared for the March 14, 1996 public hearing are
adopted and incorporated herein by reference. As is apparent from
the staff report, these plat changes are relatively insignificant.
The most significant change is that lots 4 and 5 are now more
logically configured. All prior requirements of the Mitigated
Determination of Non -Significance and of the original plat approval
by the City Council remain in effect. A revised final plat will
provide a complete paper trail and record of the previously granted
lot exemptions, and will replace in its entirety the original final
plat.
7. Public Notice. Notice of this hearing was accomplished
in the following manner:
Legal ad published March 1, 1996
Adjoining property notices mailed March 1, 1996
Posting of property March 1, 1996
All property owners within the Gateway Center Plat have been
notified of this hearing, pursuant to RCW 58.17.215. A title
HEARING EXAMINER
FOR THE
Cm AND COUNTY OF `I AK*
POST OFFICE BOX 4
YAKIMA . WASHINGTON 98'
(509) 248.0706
EXAMINER'S DECISION - 2
lap \land use \ subdiv \ lukehart/gateway plat amend April 12, 1996 9:01 AM
RES• YAKIMA GATEWAY CENTER PLAT AMENDMENT Attachment A
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4111 report submitted by the applicant indicates current ownership of
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Lots 2, 3, 4, 5, and 7.
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. The proposed plat alteration conforms with both state law
and local ordinance and serves the public use and interest.
3. All notice provisions of the ordinance have been complied
with.
Based upon the foregoing Findings and Conclusions, the
Examiner approves the revised plat, subject to the following
conditions:
RECOMMENDATION
1. A resolution ratifying this decision and authorizing the
Mayor to sign the revised final plat shall be presented to the
Council for its action.
2. The revised final plat, in compliance with this decision
and the incorporated staff report, shall be recorded with the
County Auditor after signature by the Mayor.
3. The revise(final plat shall include all notes previously
required on the final plat regarding access easements and shared
access to public streets.
DATED this t day of April, 1996.
PHILIP A. LAM
Hearing Examiner
EXAMINER'S DECISION - 3
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T2PC V A VIM A r_ ATPW AV f TNTFR PT AT A MPNTlMPMT A #arhmonf A
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAK)
POST OFFICE BOX 4
YAKIMA. WASHINGTON 9
(SO9) tae -0706
FILE NO PLAT ALTERATION #1-96
APPLICANT GARY LUKEHART
REQUEST ALTER EXISTING PROPERTY LINES
GATEWAY CENTER LOTS 2,3,4.& 5
LOCATION VICINITY OF 12 N FAIR AVE.
Zoning Boundary
Yakima City Limits
lap \land use \subdiv\luk.ehart/gateway plat amend April 12, 1996 9:01 AM
RFS YAKTMA C:ATFWAY C'FNTFR PT AT AMFNI1MPNT Affaehn, nt A
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: April 16, 1996
ITEM TITLE: Resolution authorizing the Mayor to sign an amended
Gateway Center Final Plat (on behalf of Gary Lukehart and others) for property
located in the Yakima Avenue interchange with I-82
SUBMITTED BY. Glenn Valenzuela, Director, Community & Econom
Development
CONTACT PERSON / TELEPHONE. Joan Davenport, Supervising Planner
(575-6164)
SUMMARY EXPLANATION
On February 22, 1996, the Hearing Examiner conducted a public hearing
regarding an amendment to the Gateway Center Final Plat. The Hearing
Examiner Ordinance, Yakima Municipal Code 1 43.080 delegates the Hearing
Examiner final authority on plat alterations The Examiner issued his
recommendation on April 1, 1996
The attached resolution authorizes the Mayor to sign an amended final plat
Resolution X Ordinances Contract Other. Examiner's
recommendation, staff report, notices, application
Funding Source.
APPROVED FOR SUBMITTAL.
`city Manager
STAFF RECOMMENDATION Adopt Resolution which authorizes the Mayor to
sign the amended final plat
BOARD RECOMMENDATIONS
COUNCIL ACTION