HomeMy WebLinkAboutR-1997-071 Yakima Gateway Center Final PlatRESOLUTION NO. R-97- 71
A RESOLUTION authorizing the mayor to sign the Amended
Yakima Gateway Center Final Plat.
WHEREAS, Gary Lukehart and First Western Development Company
has applied for amendment to the Yakima Gateway Center Final Plat
(City No. Plat Alteration #1-97); and
WHEREAS, pursuant to YMC 1.43.080(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 February 13, 1997, and on April 25, 1997 issued
his decision (Examiner No. I97-4-15) approving the requested plat
amendment, and no appeal of this decision was filed during the
following fourteen days; and
WHEREAS, the best interests of the City of Yakima are served by
authorizing 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 25, 1997 decision, a copy of which is
attached to this resolution as Attachment A, approves the Amended
Plat and the mayor is authorized to sign the revised final plat of the
Yakima Gateway Center.
ADOPTED BY THE CITY COUNCIL this day of
AI7IEST:
G -yam
City Clerk
, 1997
Ly
Buchanan, ayor
NOTIFICATION OF HEARING EXAMINER
RECOMMENDATION TO THE
YAKIMA CITY COUNCIL
On April 25, 1997 the Yakima Hearing Examiner rendered his
recommendation on a Plat Alteration application submitted by
The Gateway Center Associates. The applicants are requesting
a minor lot line adjustment between lots 3 and 5 of the
Gateway Center Plat. The subject property is located in the
vicinity of 120 and 128 North Fair Avenue, Yakima,
Washington. The application was reviewed at a public hearing
held by the Hearing Examiner on February 13, 1997.
A copy of the Hearing Examiner's Findings and
recommendation is enclosed.
The Hearing Examiner's Recommendation will be considered by
the Yakima City Council in a Public Meeting to be scheduled.
The City Clerk will notify you of the date, time and place of the
public meeting.
For further information or assistance you may contact Joan
Davenport, Supervising Associate Planner, City of Yakima
Planning Division located on the 2nd floor of Yakima City Hall,
(129 North Second Street), 575-6164.
al(' 1,1,6,,,/ ,9
Don S. Skone
Planning Manager
Date of mailing: 4/28/97
Plat Alteration Application by) EXAMINER'S DECISION
)
Gateway Center Associates ) UAZO Plat No. #1-97
for Gateway Center Plat )
Examiner No. I97-4-15
RECEIVED
APR 2 51997
CITY OF YAKIMA
PLANNING DIV
A public hearing was conducted on February 13, 1997. The
staff report presented by Joan Davenport recommends approval of
this minor plat alteration. There was no opposition. The Examiner
inspected the property prior to the hearing.
This decision constitutes a final decision subject to
ratification by the Yakima City Council. Council ratification
will be reflected by Council adoption of a resolution authorizing
the Mayor to sign the revised final plat, at which point the
amended plat shall be recorded with the County Auditor after
signature by the Mayor.
SUMMARY OF DECISION. This minor plat amendment is approved.
From the view of the site, the matters contained in the
official record including the Staff Report, a review of applicable
local ordinances and state law, and from evidence received at the
hearing, the Examiner makes the following findings:
FINDINGS
1. Applicant. Gateway Center Associates.
2. Location. The Gateway Center plat is located
northwest of the Yakima Avenue/I-82 Interchange reconstruction
project.
3. Application. Plat amendment.
EXAMINER'S DECISION •- 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAK IMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
4. Jurisdiction. Plat alterations are governed by RCW
Chapter 58.17. As authorized by state law, the Yakima City
Council has delegated to the Hearing Examiner the authority for
conducting hearings and determining plat alterations. See YMC
Section 1.43.080.
5. Background. Gateway Center plat, involving 10
commercially zoned lots, was originally approved by the Yakima
City Council on September 20, 1994, by Resolution R-94-126. The
plat was recorded with the Yakima County Auditor September 28,
1994, Book of Plats DD, page 85; Auditor file No. 3067500, Volume
1453, page 1840.
The first amendment to the Gateway Center plat altered
the boundary lines of lots 2, 3, 4, and 5. It was approved by the
Yakima City Council on April 16, 1996 and recorded with the Yakima
County Auditor under Auditor File Nos. 3069539, 3068000, and
3068001.
This second amendment to the plat corrects an error
concerning the location of the boundary line between lots 3 and 5
of the first amended plat. The first amended plat as recorded
still contained an encroachment of a lot line through an existing
building. This was one of the errors which the first amended plat
was designed to correct, but was unfortunately overlooked.
adjustment
legal and
The City Planning Division
to correct this discrepancy.
financial reasons, Gateway
approved a lot line
However, presumably for
Associates wishes the
correction to be reflected in this second amended plat in
maintain a clear chain of title.
Specifically, the problem lot line occurs
Office Max (lot 5), and Food Pavilion (lot 3). The
order to
between
existing
property line is too far west, bisecting an existing loading dock
area and currently vacant retail space. This amendment will move
the lot line to the edge of the existing buildings, conforming to
actual construction.
EXAMINER'S DECISION - 2
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
6. State Environmental Policy Act.
A Mitigated Determination of Non -Significance was
issued on May 17, 1994 for the original plat. This alteration of
lot lines is exempt from additional review under SEPA because the
project is essentially unchanged. The alteration of the lot line
does not increase the number of lots, and does not create any non-
conforming lots. The mitigating conditions imposed are still
applicable to this second amended plat, and are not changed by
this amendment.
7. Local Ordinances. This proposal is consistent with the
Urban Area Comprehensive Plan., the Urban Area Zoning Ordinance,
and the City of Yakima Subdivision Ordinance. It is technical, if
not clerical, in nature.
8. Public Notice. Notice of this hearing was accomplished
in the following manner:
Legal ad published January 31, 1997
Adjoining property notices mailed January 31, 1997
Posting of property January 31, 1997
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. The proposed second amendment to the Gateway Center
plat is consistent with local and state law.
3. The amendment is approved, subject to the following
conditions:
A. Yakima C:Lty Council shall adopt a resolution
authorizing the Mayor to sign the revised final plat.
EXAMINER'S DECISION - 3
HEARING EXAMINER?
ICOR THE
CITY ANO COUNTY OF Y,4KIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
B. The revised final plat shall be recorded with the
Yakima County Auditor after signature by the Mayor.
C. The revised final plat, consisting of the second
amendment to the Gateway Center plat, shall include all notes
previously required on the Gateway Center plat concerning access
easements and shared access to public streets.
DATED this 2 day of April, 1997.
Hearing Examiner
EXAMINER'S DECISION - 4
HEARING EXAMINER
FOR THE
CT' AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA• WASHINGTON 98907
(509) 248-0706
CITY C)F YAKIMA
PLAT ALTERATION APPLICATION
RCVS! 58.17
Please type or print (in ink)
Applicant Name and address:
GATEWAY CENTER ASSOCIATES, L.L.C.
120 W. DAYTON, SUITE D-9
EDMONDS, WA 98020
Day Phone: (206) 776-6006
Name of Subdivision:
Number of lots contained in the subdivision or portion of subdivision to be altered:__: :
Attach copy of current ownership report covering the subdivision or part
thereof to the alteration prepared by a title company.
Attach a copy of the legal description of the proposed alteration.
Assessor's Parcel Number(s): 191318-44402/44403
Describe the alteration you seed and attach a copy of the plat, highlighting the area to
be altered:
Minor revision in lot line between Lot 3 and Lot 5.
GATEWAY CENTER SHOPPING CENTER
RECEIVED
JAN 0 8 1997
CITY OF YAKIMA
COMMUNITY DEVELOPMENT
Date Rec'd
Fees Paid $ 125.00
Receipt #
File No.
Is the subdivision subject to restrictive covenants? Yes
If yes, would this
alteration result in the violation of any of the covenants?
If the answer if yes, all parties subject to the restrictive covenants must sign the
attached agreement.
Plat Alteration Application
Revised 2/95
ATTACHEMENT TO SUBDIVISION ALTERATION APPLICATION
If the proposed alteration will result in the violation of an existing covenant, all parties
subject to the restrictive covenant must sign the following agreement.
We, the undersigned, hereby agree to terminate or alter the relevant covenant
or covenants to accomplish the purpose of the alteration of the subdivision, or
portion thereof, sought by this application.
Name (signature)
Address
110b E.
tr. NIPOr
/a UE.
#ikie � / 1 Yakima,
Lincorn Ave.
WA 98901
Lots) or Tract(s) owned
Lots 3 & 5
Lincoln Ave.
WA 98901
Lots 3 & 5
Plat Alteration Application
Revised 2/95
SIGNATURES: This application must be signed by all parties having an
ownership interest in that portion of the subdivision subject to the alteration, as
shown on the attached ownership report. Add additional sheets for required
signatures if necessary.
Name (signature)
N/A
Address
Lot(s) or Tract(s) owned.
Plat Alteration Application
Revised 2/95
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RECEIVED
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CITY OF YAKIIV(A
PLANNING (AIV
t
FILE:
PROPONENTS:
REQUEST:
LOCATION:
CONTACT:
CITY OF YAKIMA
DIVISION OF ENVIRONMENTAL PLANNING
STAFF REPORT
Public Hearing February 13,1997
Plat Alteration #1-97
Gateway Center Associates
Amend Lot Lines within Gateway Center Final Plat
East of North 10th Street and South of Fair Avenue Extension
Joan Davenport, Supervising Associate Planner (575-6164)
BACKGROUND
An Amended Gateway Center Plat was approved by the Yakima City Council on
April 16, 1996 and subsequently recorded with the Yakima County Auditor (Auditor
File Nos. 3069539, 3068000 and 3068001). The Amended Plat currently on record
altered the boundary lines of Lots 2, 3,, 4 and 5 of the Gateway Center Plat.
Unfortunately, an error was found regarding the location of the boundary line of
the Amended Plat between Lots 3 and 5. The Amended Plat as recorded still
contained an encroachment of a lot line though an existing building (one of the
errors which the plat was designed to correct).
The City of Yakima Planning Division approved a lot line adjustment to affirm the
modification of the parcel boundary to conform to the existing structures. However,
Gateway Associates has filed this Amended Plat to legally recognize the changes in
the platted lots. This Amended Plat would make the chain of title much more clear
for subsequent owners of the lots.
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).
The problem lot line occurs between Office Max (Lot 5) and Food Pavilion (Lot 3).
The existing property line is too far west and bisects an existing loading dock area
and empty retail space. This proposed amendment would move the lot line to the
edge of the existing buildings. The property is zoned Central Business District
Support.
JURISDIC MON
Alterations to plats, such as the adjustments to lot lines are governed by Title
58.17.215 Revised Code of Washington. The procedure for alterations contained in
this section of the Code describe standing to apply, public notice, and authority of the
legislative bodies. The city council "shall determine the public use and interest in
1
the proposed alteration and may deny or approve the application for alteration."
Authority for conducting the public hearing for plat alterations was delegated to the
Hearing Examiner in 1986, pursuant to Yakima Municipal Code 1.43.080.
LAND USE AND EXISTING ZONING
The subject property is zoned Central Business District Support and the shopping
center is largely constructed. The property has frontage on and access -
from Fair Avenue Extension, just east of the intersection of North 10th Street and B
Street as well as from the off ramp of I-82.
Adjacent properties have the following characteristics:
Location
North of Fair Ave.
South of Plat
East
Wes t
Current Zoning
Central Business District Support
Central Business District Support
Suburban Residential
Central Business District Support
Multi -Family Residential
Existing Use
Trail Wagons, Industrial
Yakima Ave / Terrace Heights Dr
Interstate 82, Yakima River
Holiday Inn and proposed new
motel on A Street
low density residential uses
URBAN AREA COMPREHENSIVE PLAN
The requested Plat Alteration is proposed to correct an error on the previous plat of
commercial development. One of the objectives of the comprehensive plan is to
assure that future development is compatible with existing uses. New commercial
development shall be allowed if it strengthens existing commercial areas,
conveniently serves the citizenry, does not infringe on other uses in a conflicting
manner, provides opportunities for expansion and diversification of business in the
area, and promotes development of the central business district and associated
peripheral activities. (Plan, OLU-11)
STATE ENVIRONMENTAL POLICY ACT
A Mitigated Determination of Non -significance was issued on May 17, 1994. This
alteration of lot lines is exempt from additional review under the State
Environmental Policy Act because the project is essentially unchanged and the
alterations of the lot lines do not increase the number of lots, nor create any non-
conforming lots.
The May 17, 1994 determination included several mitigating measures which are
still applicable to this revised proposal and are not changed by this proposal.
SITE DESIGN AND DEVELOPMENT IMPACTS OF PROPOSED CHANGES
This proposed lot line modifications are very minor in nature and do not change
any previous condition of the plat or environmental review.
DEVELOPMENT SERVICES TEAM
The Development Services Team reviewed this lot line amendment: on January 22,
1997. No written comments were submitted. No technical issues were identified in
this proposal. No easements are proposed to be vacated or moved with this lot line
adjustment.
The note remains on the amended final plat which declares the following:
All lots created by this plat are subject to reciprocal non-exclusive access and
parking easements, as well as a maintenance agreement as to all shared
facilities, including but not limited to parking, landscaping and storm
drainage.
All other conditions of the plat, as recorded in September, 1994 remain in effect and
are unchanged by this alteration of the lot lines.
PUBLIC NOTICE
Notice of this hearing was accomplished in following manner:
Legal ad published January 31, 1997
Adjoining property notices mailed January 31, 1997
Posting of Property January 31, 1997
All property owners within the Gateway Center Plat have been notified of this
hearing, pursuant to Revised Code of Washington 58.17.215. A title report
submitted by the applicant indicates current ownership of Lots 3, and 5.
FINDINGS
The Division of Environmental Planning has reviewed this application and offers
the following findings:
1. The proposed lot line changes meet the requirements of the City of Yaldma
Subdivision Ordinance for conformance with design standards. The resulting lots
conform to all minimum standards. With the presence of the internal. access
easements and shared driveways the development is suitable to the setting at the
vicinity of the interchange. This is consistent with the Urban Area Zoning
Ordinance and the Yakima Comprehensive Plan.
2. The adjustment of the boundary line between Lots 3 and 5 is a minor change
3
•
and does not affect any other lot within the Gateway Center Plat, or other adjoining
property.
3. Public utilities and adequate street improvements are currently in place. No
easements are changed or eliminated by this Plat Amendment.
4. All requirements for public notice and procedures for plat alterations specified in
the Revised Code of Washington, Title 58.17.215 and the City Subdivision
Ordinance have been complied with.
5. Comments received from the Development Services Team, composed of city and
private or public utility providers, were considered by the Planning Division in this
matter.
6. No lands within this subdivision are located within an assessment district, nor
contains any land dedicated to general use.
7. The Revised Code of Washington 58.17.215 states that
"after approval of the alteration, the legislative body shall order the applicant
to produce a revised drawing of the approved alteration of the final plat,
which after the signature of the legislative authority, shall be filed with the
County auditor to become the lawful plat of the property."
If the Examiner approves the requested plat alteration, a revised final plat must be
signed by the legislative body and then be recorded with the County Auditor. This
revised plat will replace the existing plat of record and will provide revised lot
descriptions.
RECOMMENDATION
The City of Yakima Office of Environmental Planning has reviewed the application
and recommends the alteration be approved based upon the following conditions:
1. A resolution authorizing the Mayor to sign the revised final plat should be
presented to the Council.
2. The revised final plat shall be recorded with the County Auditor after signature
of the Mayor.
3. The revised final plat shall include all notes previously required on the final plat
regarding access easements and shared access to public streets.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given by the undersigned that a public hearing will be held by the
Yakima City Hearing Examiner to consider a Plat Alteration application submitted by
the Gateway Center Associates. The applicants are requesting a revision in the
boundary line between lots 3 and 5 of the•Amended Gateway Center Plat. The subject
property is located east of North 10th Street and south of Fair Avenue Extension, within
the City of Yakima, Washington. The public hearing has been set for February 13,
1997, beginning at 9:00 am, or as soon thereafter, in the Council Chambers of Yakima
City Hall, 129 North Second Street, Yakima, Washington.
LEGAL DESCRIPTION:
LOT 3 AND 5 OF THE AMENDED PLAT OF YAKIMA GATEWAY CENTER LOTS 1 - 7
INCLUSIVE, AS RECORDED IN BOCK "EE" OF PLATS, PAGE 11, RECORDS OF
YAKIMA COUNTY, WASHINGTON
PARCEL NUMBERS: 191318-44402 and 191318-44403
Further information regarding this application may be obtained by contacting Joan
Davenport, Supervising Associate Planner, 129 North 2nd Street, Yakima, Washington
98901, or by calling 575-6164.
Don S. Skone
Planning Manager
Please publish once only on January 31, 1997
Please mail affidavit of publication to:
Account # 11002
City of Yakima Planning Div,
129 N 2nd Street
Yakima, WA 98901
January 31, 1997
TO: All Interested Persons
SUBJECT: Land Use Action in the vicinity of
120 and 128 North Fair Avenue
Notice is hereby given that the City of Yakima, Planning
Division is processing a Plat Alteration application submitted
by the Gateway Center Associates. The applicants are
requesting a revision in the boundary line between Tots 3 and
5 of the Amended Gateway Center Plat. The subject property
is located east of North 10th Street and south of Fair Avenue
Extension, within the City of Yakima, Washington.
This action requires that a Public Hearing be held by the
Hearing Examiner. The Hearing Examiner will then issue a
recommendation to the Yakima City Council for its
consideration. The Public Hearing has been scheduled to be
held on Thursday, February 13, 1997 beginning at 9:00
am, or soon thereafter, in the Council Chambers, City Hall,
129 North 2nd Street, Yakima, WA. Any person desiring to
express his/her view on this matter is invited to attend the
Public Hearing or submit written comments to: City of
Yakima, Planning Division, 129 N. 2nd Street, Yakima,
Washington 98901. If you have questions contact Joan
Davenport, Supervising Associate Planner at (509) 575-6164
prior to the scheduled hearing.
Sincerely,
Joan' Davenport
Supervising Associate Planner
Enclosures
LEGAL NOTICE
-NOTICE OF
PUBLIC HEARING
Notice is hereby given -by the
undersigned that a public
hearing will be held by the
Yakima City Hearing Exam-
iner to• consider "a Plat Alter-
ation application submitted
by the Gateway Center As-
sociates. The applicants are
requesting a .revision .in the
boundary line between lots 3
and 5 of the Amended Gate-
way Center Plat. The subject
property "Is located east of
North 10th Street and south
of Fair Avenue Extension,
within the City of Yakima,
Washington. The public hear-
ing has been set for February
13, 1997, beginning at 9:00
am, or as soon thereafter, in
the Council Chambers of
Yakima City Hall, 129 North
Second Street, Yakima,
Washington
LEGAL DESCRIPTION:
LOT '3 AND 5 OF THE
AMENDED PLAT OF YAKI-
MA GATEWAY CENTER
LOTS 1 - 7 INCLUSIVE, AS
RECORDED IN BOOK "EE"
OF PLATS, PAGE 11,
RECORDS OF YAKIMA'
COUNTY, WASHINGTON.
PARCEL NUMBERS
191318-44402 and 191318-
44403
Further information regard-
ing this application may be
obtained by contacting
Joan Davenport, Supervis-
ing Associate Planner, 129
North 2nd Street, Yakima,
Washington 98901, or by
calling 575-6164
Don S. Skone
Planning Manager
(480800-650) January 31,
1997
AFFIDAVIT OF PUBLICATIO1
STATE OF WASHINGTON,)
COUNTY OF YAKIMA )
:BETH S. BREAKEY, being first duly sworn on oath deposes and says
that she is the Controller of Yakima Newspapers, Inc.d/b/a
Yakima Herald Republic, a daily newspaper.Said newspaper is a legal
newspaper approved by the Superior Court of the State of Washington
for Yakima County under an order made and entered on the 13th day
of February, 1968, and it is now and has been for more than six
months prior to the date of publication hereinafter referred to,
published in the English language continually as a daily newspaper
in Yakima, Yakima County, Washington. Said newspaper is now and
has been during all of said time printed in an office maintained at
the aforesaid place of publication of said newspaper.
That the annexed is a true copy of a:
PUBLIC HEARING •• GATEWAY CENTER ASSOCIATES
it was published in regular issues
said newspaper once each DAY
consecutive DAY (S) to -wit; on
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JANUARY ,1997
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distributed to its subscribers
full amount of the fee charged
sum of $51.98.
CONTROLLER
SUBSCRIBED AND SWORN to before me
day of
4
NOTARY PUBLIC in and for
State of Washington,
residing at Yakima.
the
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For Meeting Of May 20. 1997
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 1-82
7
SUBMITTED BY: Glenn Valenzuela, Director of Community and Economic Developeent-7='
C
CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Planner (575-6164)
SUMMARY EXPLANATION:
On February 13, 1997 the Hearing Examiner conducted a public hearing regarding an
Amendment to the Gateway Center Final Plat. The amendment to the plat was minor in
nature and does not change the number or general configuration of the existing Tots of
record. 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 25, 1996.
The attached resolution authorizes the Mayor to sign an amended final plat.
Resolution(s) X Ordinance Contract
Other: Examiner's decision, staff report, notices, application
Funding Source: none necessary
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution which authorizes the mayor to sign the
amended final plat.
BOARD RECOMMENDATION:
COUNCIL ACTION: