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HomeMy WebLinkAbout1991-3334 Rezone 2202 McKinley Avenue , �r4 3 334 t ORDINANCE NO. AN ORDINANCE rezoning property at 2202 McKinley Avenue in the City of Yakima, Washington from Two - Family Resi- , dential (R -2) to Small Convenience Center (SCC) and amending the zoning map of the City of Yaki- ma. WHEREAS, on December 5, 1990, the Hearing Examiner held a hearing on a rezone request initiated by Donald S. Bateman, as property manager for Lincoln Center Associates to rezone piop'rty at 2202 Mchinley Avenue, Yakima, Washington, the legal description of which is set out hereinbelow from Two - Family Residential (R -2) to Small Convenience. Center (SCC); and 4AHEREAS, as a result of that hearing, the Hearing Examin- er recommended to the City Council that the rezone be granted up)n the condition that the parties execute an attached con - comitant agreement; WHEREAS, at its public meeting on January 15, 1990, the 4111 City Council determined that the recommendation of the Hearing Examiner should be affirmed; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA.: Section 1. The decision of the Hearing Examiner recom- mending the rezone of property located at 2202 McKinley Avenue in the City of Yakima, Washington, legally described as fol- lows The East 62.5 feet of the West 125 feet of the North 150 feet of the East one -half of the follow de- scribed Tract:. The East one -half of the Southwest one - quarter of the Northwest one - quarter of the Northeast one -quar- ter. EXCEPT the West 21 feet thereof; and EXCEPT the North 25 feet thereof, All in Section 23, Township 13 North, Range 18, E.W.M. - 1 - (ord 2202.jt) F from Two - Family Residential (R -2) to Small Convenience Center (SCC), upon condition of execution of the attached concomitant agreement, which is identified as Exhibit "A ", is hereby affirmed, and that property shall be rezoned to Small Convenience Center (SCC) upon execution of the attached and incorporated concomitant agreement. Section 2 The City of Yakima zoning map shall be amend- ed to correspond to the rezone ordained by Section 1 of this ordinance upon execution of the aforementioned concomitant agreement. Section 3: This City of Yakima City Council hereby adnp s the findings and conclusions of the Hearing Examiner's Recommendation pertaining to this rezone found in the Examin- er's Recommendation, City No. UAZO RZ #11 -90, Examiner No. I90 -2 -74, a true copy of which Recommendation is identified as Exhibit "B ", attached hereto and incorporated herein. Section 4 The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance with attachments. Section 5. This ordinance shall be in full force and efft 30 days after its passage, approval, and pul.,lication as prodded law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of dan laci r cI , 1991. Mayor ATTEST K ahn -7 /c=&---16-6/„4) I c47 City Clerk Publication Date - I d Effective Date ,.. 1 110- (ord'2202.jt) Lincoln Center Assoc. /Bateman Rezone Ordinance Application Staff Report Concomitant Agreement Legal Notices DRT SEPA 40110 CONCOMITANT AGREEMENT Parties: The parties to this agreement are the CITY OF YAKIMA, a municipal corporation, and LINCOLN CENTER ASSOCIATES. Recitals: 1. Lincoln Center Associates represents that it is a (partnership) (corporation), is the owner of real estate described below, and authorized to deal with the City of Yakima concerning such real estate, which has been the subject of a rezone submitted pursuant to the Yakima Urban Area Zoning Ordinance, seeking a rezone from two - Family Residential (R -2) to Small Convenience Center (SCC) zoning district. 2. The rezone has been approved by the Yakima City Council, subject to execution of this Concomitant Agreement which requires that the property be developed in compliance with this agreement. 3. The rezone is a final decision, subject to implementation 410 and recording of this Concomitant Agreement. `, 4. The purpose of this Concomitant Agreement is to require development of the real property described below in conformity with the terms of the rezone approval, and to put future owners of the property on notice of these development restrictions. 5. Conditions specified in this agreement will mitigate the negative public burden associated with this rezone. Agreement: The parties agree as follows: 1. Lincoln Center Associates represents that it owns the following described real estate (the property herein): The East 62.5 feet of the West 125 feet of the North 150 feet of the East one -half of the following described Tract: The East one -half of the Southwest one - quarter of the Northwest one - quarter of the Northeast one - quarter. EXCEPT the West 21 feet thereof, and EXCEPT the North 25 feet thereof, All in Section 23, Township 13 North, Range 18, E.W.M. Yakima County Assessor's Parcel No: 181323 - 12039 -0. y CONCOMITANT AGREEMENT - 1 HEARING EXAMINER FOR THE J ' bit AND COUNTY OF YAKIMA POST OFFICE 90X 4 r �. of YAKIMA. WASHINGTON 9890 ` . � (509) 249 -0706 T ) 2. The property is the subject of a rezone application filed with the City of Yakima under File No. UAZO RZ #11 -90, processed under Hearing Examiner No. I90 -2 -74, and approved by the Yakima City Council on . The enacting ordinance, and this agreement, shall not be adopted and executed by the Yakima City Council until Lincoln Center Associates executes this agreement. The enacting ordinance number and execution date shall be entered where indicated at the end of the agreement. 3. Development of the property shall be processed pursuant to the ordinance, this Concomitant Agreement, and the Urban Area Zoning Ordinance. All cost associated with implementing the improvements of this agreement shall be the responsibility of the property owner and /or developer and not the City of Yakima. Specific restrictions or actions imposed by this agreement are: a) This parcel shall Ye merged with the adjoining parcel to the east, owned by Lincoln Center Associates. b) No access shall be permitted from this parcel, after merger, to either McKinley or North 22nd Avenues. Vehicular access from this parcel shall be prohibited by fencing or landscaping. c) The west boundary line of this parcel shall be fenced with a six foot high solid fence. d) Lincoln Center Associates agrees to participate in any al future L.I.D. or other method established to improve either or both North 22nd Avenue and McKinley Avenue. 4. This agreement shall be binding upon the owners of the above - described real estate, their successors and assigns, and shall run with the land. 5. This agreement shall be enforced by the City of Yakima. Breach of this agreement shall constitute a violation of Chapter 15.23.030(E) Yakima Municipal Code (consisting of the Yakima Urban Area Zoning Ordinance). 6. This agreement shall become null and void when this property is reclassified to a zoning designation other than SCC, regardless of whether the reclassification is initiated by the property owner, the City of Yakima, or other person or entity. This agreement can be amended following notice, public hearing, and approval of the City Council. 7. The parties understand and agree that this Concomitant Agreement be recorded with the Yakima County Auditor's Office after the appeal period for said rezone as provided for in Chapter 15.23 of the Yakima Municipal Code. 410 CONCOMITANT AGREEMENT - 2 HEARING EXAMINER E ",-. ! b `4- FOR THE n 1 � r L t ///111 CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 (� YAKIMA. WASHINGTON 9890' (509) 248 -0706 • L 3 8. The parties understand that the conditions imposed by this agreement are solely related to this rezone action and in no way restrict the imposition of the appropriate requirements or restrictions that may be imposed in subsequent review of development proposals. DATED this , day of CITY OF YAKIMA, a municipal corporation By STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of the CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Signature of Notary Public My appointment expires DATED this ______ day of • LINCOLN CENTER ASSOCIATES By CONCOMITANT AGREEMENT - 3 NEARING EXAMINER ExM 1 a FOR THE l CRV AND COUNTY OF YAK IM, s POST OFFICE BOX 4 Pa�v �1 VAKIMA. WASHINGTON 989r (509) 248-0706 Se [corporate or partnership acknowledgement] STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of LINCOLN CENTER ASSOCIATES to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Signature of Notary Public My appointment expires 110 THIS AGREEMENT EXECUTED BY THE CITY OF YAKIMA PURSUANT TO ORDINANCE NO. EXECUTED • 410 CONCOMITANT AGREEMENT - 4 {. HEARING EXAMINER EX I i I lJ ( l FOR THE CITY AND COUNTY OF YAKIMA rag. of POST OF BOX 4 VAKIM a v A. WASHINGTON 98907 1 509) 248 -0706 0 Rezone Application by ) ) LINCOLN CENTER ASSOCIATES ) EXAMINER'S RECOMMENDATION (DONALD S. BATEMAN), ) City No. UAZO RZ #11 -90 From R -2 to SCC, for a ) Examiner No. I90 -2 -74 Lot Near Lincoln Center. ) The Examiner conducted a public hearing on December 5, 1990. The staff report presented by Mr. Dan Valoff recommended approval, subject to execution of a concomitant agreement. There was no opposition, but one lady who lives directly across f> >m the lot was very concerned about traffic. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval of the rezone subject to execution of a concomitant agreement. •10 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. Donald S. Bateman, as property manager for Lincoln Center Associates. Actual ownership of the property, and whether Lincoln Center Associates is a corporation is unclear and should be determined prior to execution of a concomitant agreement. 2. Location. 2202 McKinley Avenue. Yakima County Assessor's Parcel No. 181323- 12039. The legal description is: The East 62.5 feet of the West 125 feet of the North 150 feet of the East one -half of the following described Tract: The East one -half of the Southwest one - quarter of the Northwest one - quarter of the Northeast EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE EXHIBIT "B" CIT'AND COUNTY OFYAKIMA POST OFFICE BOX 4 YAKIMA: WASHINGTON 98907 cr o ._e ^7 •� . < ' one - quarter. EXCEPT the West 21 feet thereof, and 4110 EXCEPT the North 25 feet thereof, All in Section 23, Township 13 North, Range 18, E.W.M. 3. Application Rezone. 4. Proposed Zone. Small Convenience Center (SCC). 5. Proposed Use. Expansion of Department of Licensing office building plus parking. 6. Current Zoning and Use. The subject property is zoned Two - Family Residential (R -2). Development on the property consists of the remains of a demolished single- family dwelling. Land use and zoning on adjacent properties are as follows: Location Zoning Existing Land Use North R -2 Single - family residential East SCC Commercial office /nursery South SCC Dept. of Licensing office West R -2 Single - family residential The proposed rezone is bounded by R -2 to the north and west and by SCC to the south and east. Land use to the north and east consist primarily of single - family residential development. The OD Lincoln Center surrounds the site to the south and east, land use here consists of a variety of commercial activity, such as the Gymnastic Center, bowling alley, car wash, restaurant, vacant grocery store, coinOop laundry, a nursery, and offices. 7. Project Description. The purpose of the rezone is to expand and remodel the Department of Licensing building at the Lincoln Center. 8. Yakima Urban Area Comprehensive Plan. The Yakima Urban Area Comprehensive Plan was developed as a guide for future land use within the urban area. The Development Trends Map (Map #6), a part of the Optimal Land Use Plan, identifies the subject area as being suitable for urban development. The plan states that all commercial uses shall be adequately served by public services including transportation, sewer, and water. The site in conjunction with the Lincoln Center is adequately served by city water, sewer, and transit. West Lincoln, near the proposed rezone, EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 9890 - t509) 248.0706 is designated as a minor arterial which serves secondary traffic generators such as community shopping centers. Land use compatibility and locational goals are determined from the Table of Land Use Compatibility and narrative related to commercial uses. The new use must not infringe on other intensity uses in a conflicting manner. The potential for land use conflicts at this location pertains to some of the low intensity uses north and west of the proposed rezone area; however, the existing Lincoln Center and its associated uses have been there for many years. Adequate sitescreening and restricted access from North 22nd Avenue and McKinley Avenue will be necessary to mitigate any of the potentially negative impacts on the adjoining residential neighborhood from further expansion of Lincoln Center. 9. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YMC 15.23.030.5 are considered below: 9.1 Testimony. There is no opposition to this rezone. There was some confusion about access issues, which will be dealt 1111i with in more detail below concerning adequacy of public facilities. 9.2 Suitability of the Property. This ground is level, fits right in with Lincoln Center, and is appropriate for all uses permitted in the SCC zone, subject to consideration of access control and landscaping. 9.3 Agency Recommendations. There was no opposition to this rezone. The City of Yakima recommends execution of a concomitant agreement to deal with access issues on 22nd and McKinley Avenues. 9.4 Compliance with Comprehensive Plan and. Zoning Ordinance. Based on the criteria for small convenience centers established in the Comprehensive Plan Optimal Land Use Element, page 13, the proposed development is compatible with some of the adjoining land uses. However, the proposed development is not generally compatible with the low intensity residential uses located to the north and west of the site. The purpose of the zoning ordinance is to identify compatibility issues and to allow uses if they can be made compatible through conditions of approval, EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CTTY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248.0706 which in this instance suggest the appropriateness of a concomitant agreement to deal with access issues. 9.5 Adequacy of Public Facilities. The systems for domestic water, sewer, electricity, and other public utilities are adequate to accommodate this use. The real problem is with traffic access. This lot is at the northwest corner of the Lincoln Center shopping development. Currently there is an uncontrolled access point from Lincoln Center to the intersection of North 22nd and McKinley Avenues. North 22nd runs north from Lincoln Center. McKinley Avenue runs east and west, intersecting with 22nd at the corner of the shopping center. It runs west, 22nd runs nc :th, and the shopping center is to the east and south. The Planning Department recommended dedicating enough land from the shopping center to create a turn - around for the end of 22nd. Traffic Engineering recommended some sort of barricade and signs discouraging use of McKinley, since there is no public right -of -way across the lot west of this parcel, although the road 410 exists. It was not clear from the record as to whether or not they actually intended to close McKinley. If it is a significant problem from a traffic safety perspective, Traffic Engineering presumably has the authority at any time to close off a street that in effect dead -ends because there is no public right -of -way. Whether or not there is some sort of prescriptive easement there for access is a legal matter not dealt with in this proceeding. The point is that the turn - around at the end of 22nd would encourage traffic to turn around without going on McKinley, but from a practical perspective it is highly unlikely, short of a safety concern, that McKinley would be blocked off. The result would be that a large portion of ground, basically, with a 40 foot radius, would be carved out of the shopping center with no real improvement to the street situation. This proposal was apparently designed to accommodate a desire by the Department of Licensing to continue using 22nd as a route for their driver examinations for licensing. EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 9890 (509) 248-0706 At the hearing, the owner of the shopping center 410 indicated that blocking off access to both 22nd and McKinley is not a problem from their perspective, that the Department of Licensing could access side streets from the northeast corner of the shopping center, and that the simplest thing, without losing any ground would be to barricade this northwest corner of the parking lot to prohibit any vehicular access to 22nd or McKinley. This of course would also accommodate the lady's concern who lives on the corner lot bounded by 22nd and McKinley. She was concerned about excessive traffic from the shopping center using 22nd. Both 22nd and McKinley are bad roads. They are gravel local access roads not designed for :ommercial traffic. The shopping center has plenty of access onto the arterial and it is unnecessary to maintain additional access to these residential streets. Accordingly, the simplest solution is to prohibit access from the shopping center to both 22nd and McKinley, with barricades approved by the City. This could take the form of landscaping or 4100 a fence, which can be reflected in the concomitant agreement. There is no reason in this proceeding to deal with the question of barricading McKinley. That can be dealt with by Traffic Engineering at any time if it becomes a problem. The property owner has no objection to entering into an agreement to participate in a future L.I.D. or other method established to improve either or both North 22nd and McKinley. Although not dealt with except at the hearing, the applicant also has no objection to merger of this parcel with the remaining Lincoln Center parcel or parcels. This would combine the parcels so that limitation of access to 22nd and McKinley is not a problem, since the parcel would be part of the larger parcel which has access to Lincoln. 9.6 Compatibility. The compatibility problems have been dealt with relative to the access issue. This project is otherwise a logical expansion of the shopping center and is compatible with the neighborhood, which has co- existed with the shopping center for 414 years. EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAK.1A. WASHINGTON 98907 '509) 2480706 9.7 public Need. This proposal allows for expansion of OD the Department of Licensing office while maintaining sufficient parking. The most direct advantage of the rezone to the public is that it helps to resolve, through the access limitation, a problem with the northwest corner of this shopping center. 10. State Environmental Policy Act. A Determination of Non - significance was issued by the City of Yakima on November 15, 1990. 11. Public Notice Public notice of the hearing was provided in accordance with the ordinance. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed rezone conforms to the goals and policies of the Yakima Urban Area Comprehensive Plan and to the intent of the Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the SCC District; any problems with neighborhood compatibility and traffic issues can be resolved through execution of a concomitant agreement limiting access to 22nd and McKinley Avenues; and a public need does exist for the proposed change. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION Approve this rezone application, from R -2 to SCC, subject to execution of a concomitant agreement substantially in the form attached hereto as Exhibit "A," containing the following conditions: A. Prohibiting access from this lot and the adjacent parcels of the shopping center to either 22nd or McKinley Avenues. B. Requiring merger of this parcel with the adjacent parcel. C. Requiring a six foot high solid fence on the west boundary of this parcel in order to maintain compatibility with the existing residential neighborhood. 40 EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -070E D. Providing for participation in any future L.I.D. Respectfully submitted this 12th day of December, 1990. Lt PHILIP A. Hearing Examiner 41111 • EXAMINER'S RECONMENDATION - 7 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAXIMA. WASHINGTON 98907 (5091 248.0706 •