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Home My WebLink About02/19/2008 18 River Pointe Landing Rezone BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • AGENDA STATEMENT Item No. j g For Meeting Of February 19, 2008 ITEM TITLE: Ordinance Adoption — River Pointe Landing Rezone SUBMITTED BY: William R. Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner 575 -6042 SUMMARY EXPLANATION: On February 5, 2008 the City Council voted to accept the Hearing Examiner's recommendation to approve a rezone of approximately 78.6 acres of property from M -1, Light Industrial and B -1, Professional Business to LCC, Large Convenience Center. You are now being requested to adopt the Ordinance approving this rezone. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: Manager STAFF RECOMMENDATION: Adopt Ordinance. BOARD RECOMMENDATION: Hearing Examiner recommended approval of this rezone on December 31, 2007. COUNCIL ACTION: • ORDINANCE 2008 - AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, fifteen parcels of property located in the vicinity of 1439 N 16 Avenue, Yakima, Washington from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC) as more fully described herein; and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same; River Pointe Landing, LLC being identified as the applicant herein. WHEREAS, by application dated February 22, 2007, River Pointe Landing, LLC requested the rezone of Yakima County Assessor's Parcel No.'s 181312 - 31005, 31007, 34400, 34401, 34402, 34404, 34403, 34405,34406, 33001, 33002, 33003, 33005 and 181312- 22001, 22002, located in the vicinity of 1439 N 16 Avenue, Yakima, Washington (hereinafter "Subject Property "), from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC); and WHEREAS, on December 13, 2007 the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone; and ID WHEREAS, on December 31, 2007 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO RZ #13 -07 and EC #29 -07, (the "recommendation ") recommending that the Subject Property be rezoned from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC); and WHEREAS, at a closed- record public hearing held on February 5, 2008, the City Council considered the requested rezone, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of Yakima Municipal Code (°YMC ") § 15.23.030(E) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, Now Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The property located in the vicinity of 1439 N 16 Avenue, Yakima, Washington (Yakima County Assessor's Parcel No.'s 181312 - 31005, 31007, 34400, 34401, 34402, 34404, 34403, 34405,34406, 33001, 33002, 33003, 33005 and 181312- 22001, 22002), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC). Section 2. The findings within the December 31, 2007 Hearing Examiner's Recommendation (UAZO RZ #13 -07, EC #29 -07) regarding this rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC § 15.23.030(F), and are incorporated herein by this reference as if fully set forth herein. Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land use, and other similar maps maintained by the City of Yakima shall be amended or modified, subject to the conditions stated below, to reflect this rezone. Section 4. The rezone granted by this ordinance is expressly conditioned on the Owner's satisfaction of the following conditions stated on page 26 of the Hearing Examiner's Recommendation: 1) The plan of development shall be substantially in compliance with the submitted general site plan. 2) Permits must be obtained from the City of Yakima for all grading, construction and signs. All signs are to be installed in compliance with the provisions of Chapter 15.08 of the zoning ordinance. 3) All project permits required by the Yakima Regional Clean Air Authority shall be obtained. 4) All project permits required by the Washington State Department of Ecology shall be obtained. 5) Site screening shall be required in accordance with city standards. 6) All storm water associated with this development shall be maintained on site. 7) All conditions of the final Mitigated Determination of Nonsignificance issued on November 19, 2007 shall be required. 8) No building permit applications which would result in total development of the subject property in excess of 806,700 square feet shall be issued without additional environmental review which, at a minimum, shall include supplemental traffic review to ensure adequate capacity for traffic which may be generated by this expanded development. 9) If in the future there is a need to realign any of the 15 separate parcels comprising this site in order to comply with building setback requirements, the applicant will comply with applicable City procedures and requirements to do so. Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. 2 • Section 6. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 7. 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. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 19th day of February, 2008. David Edler, Mayor ATTEST: City Clerk r Publication Date: • Effective Date: EXHIBIT "A" PARCEL 'A' THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING SOUTH OF THE STATE HIGHWAY, TO WIT: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH, RANGE 18 EAST, WM EXCEPT THE WEST 3 ACRES OF THAT PART OF SAID SUBDIVISION LYING SOUTH OF THE YAKIMA RIVER AS ACQUIRED BY YAKIMA COUNTY, WASHINGTON UNDER TAX DEED RECORDED SEPTEMBER 8, 1961, UNDER AUDITOR'S FILE NUMBER 1877761, Ill 3 AND EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 12, DESCRIBED AS • FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, 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 119.00 FEET; THENCE NORTH 89° 56'50" EAST 258.20 FEET; THENCE SOUTH 119 FEET TO THE POINT OF BEGINNING. PARCEL `B' THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH, RANGE 18 EAST WM, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING 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 6 TH 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 6 TH AVENUE; THENCE NORTH ALONG THE WEST LINE OF NORTH 6 T " 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. EXCEPT RIGHT -OF -WAY FOR NORTH 6 T " AVENUE ALONG THE EAST SIDE, AND EXCEPT THAT PORTION OF VACATED 30.00 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 NUMBER 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 SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST WM., THENCE SOUTH 0 0' EAST ALONG THE EAST LINE OF SAID SUBDIVISION 39.75 FEET, THENCE NORTH 90° 0' WEST 760.00 FEET; THENCE NORTH 0 EAST 43.99 FEET; THENCE SOUTH 89° 40' 50" 760 FEET EAST TO THE TRUE POINT OF BEGINNING. 4 • PARCEL C THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH, RANGE 18 EAST.WM., 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 NUMBER 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 THE 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 NUMBER 2205573, RECORDS OF YAKIMA COUNTY, WASHINGTON. PARCEL D - • LOTS 1, 3, AND 4 OF SHORT PLAT, RECORDED IN BOOK 80 OF SHORT PLATS, PAGE 68 AS RECORDED UNDER AUDITOR'S FILE NUMBER 2583131, RECORDS OF YAKIMA COUNTY, WASHINGTON. PARCEL E THE NORTH 227.00 FEET OF THE EAST 883.70 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST WM., EXCEPT THE EAST 33.00 FEET THEREOF. PARCEL F 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 EAST WM.; THENCE NORTH PARALLEL TO THE EAST LINE OF THE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 973.50 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 973.50 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 LINE. • PARCEL G 5 BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 • EAST WM.; THENCE SOUTH 00 00' WEST ALONG THE WEST LINE 49.80 FEET; THENCE NORTH 88° 41' EAST 445.60 FEET; THENCE NORTH 01° 25' EAST 244.00 FEET TO THE TRUE POINT OF BEGINNING (SAID POINT BEING 448.7 FEET MORE OR LESS EAST OF THE QUARTER SECTION LINE); THENCE CONTINUING NORTH 01 25' EAST 705.80 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SR -12 (SC LINE); THENCE SOUTHWESTERLY ALONG SAID RIGHT -OF -WAY LINE TO THE EASTERLY RIGHT -OF -WAY LINE OF THE SIXTEENTH AVENUE CONNECTION TO SAID SR -12 (S LINE); THENCE SOUTHERLY ALONG SAID RIGHT -OF -WAY LINE TO A POINT BEARING SOUTH 88° 41' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 41' EAST 324.41 FEET TO THE TRUE POINT OF BEGINNING. ALL PARCELS SITUATE IN YAKIMA COUNTY, WASHINGTON. 6