HomeMy WebLinkAbout1991-3333 Rezone 816 North 2nd Street ORDINANCE NO 13333
AN ORDINANCE rezoning property at 816 North 2nd Street in the
City of Yakima, Washington from Multi- Family
Residential (R -3) to Central Business District
Support (CBDS) and amending the zoning map of the
City of Yakima.
WHEREAS, on November 21, 1990, the Hearing Examiner held
a hearing on a rezone request initiated by General Mills
Restaurant Group, Inc. to rezone property at 816 North 2nd
Street, Yakima, Washington, the legal description of which is
set out hereinbelow, from Multi- Family Residential (R -3) to
Central Business District Support (CBDS); and
WHEREAS,`as a result of that hearing, the Hearing Examin-
er recommended to the City Council that the rezone be granted
subject to the execution of an attached concomitant agreement;
and
WHEREAS, at its public meeting on January 15, 1991, the
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 816 North 2nd Street
in the City of Yakima, Washington, legally described as fol-
lows:
All that portion of Lot 2 of HENRY
T. STONE'S ACRE TRACTS, according to
the plat thereof recorded in Volume
"A" of Plats, Page 73, records of
Yakima County, Washington, lying
Southwesterly of the extended center
line of North 2nd Street extended
Northwesterly in its platted direc-
tion, as shown on the plat of the
TOWN OF NORTH YAKIMA (now Yakima),
Washington, according to the plat
thereof recorded in Volume "E" of
Plats, Page 1, records of Yakima
County, Washington; EXCEPTING,
however,; the North 160 feet there-
of.
•
- 1 -
(ord /816n2d.jt)
from Multi - Family Residential (R -3) to Central Business Dis-
trict Support (CBDS )' and'• which is further conditioned upon the
execution of the attached concomitant agreement which is
identified as Exhibit "B" and attached to the Hearing
Examiner's Recommendation, is hereby affirmed; and that
property will be rezoned to Central Business District Support
(CBDS) upon execution of said concomitant agreement.
Section 2: The City of Yakima zoning map shall be
amended to correspond to the rezone ordained by Section 1 of
this ordinance upon execution of said concomitant agreement.
Section 3: The City of Yakima City Council hereby adopts
the findings and conclusions of the Hearing Examiner's Recom-
mendation pebtaining to this rezone found in the Examiner's
Recommendation, City No. UAZO RZ #8 -90, Examiner No. I90 -2 -72,
a true copy of which recommendation is identified as Exhibit
"A ", 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
effect 30 days after its passage, approval, and publication as
provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this
15 day of t \G.rAc._c^Crc-i , 1991.
a t 4A/1
Mayor
ATTEST:
n 6/1} L-a- L }d , - 6 C lr�c-
City Clerk
Publication Date • 1 - 1‘"b- R1
Effective Date: c6-c\.\
0
- 2 -
(ord /816n2d.jt)
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1
Rezone Application by
EXAMINER'S RECOMMENDATION
GENERAL MILLS RESTAURANT )
GROUP, INC. (RED LOBSTER), ) City No. UAZO RZ #8 -90
Examiner No. I90 -2 -72
from R -2 to CBDS Near North)
First and "I" Streets.
The Examiner conducted a public hearing on November 21, 1990.
The staff report presented by Dan Valoff recommended approval,
subject to execution of a concomitant agreement controlling
development of the rezone property. There was no opposition. 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.
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. General Mills Restaurant Group, Inc. (Red
Lobster Restaurant) and Warren M. Nelson, property owner.
2. Location. 81 North 2nd Street, on the west side of
North 2nd Street, north of "I" Street. Yakima County Assessor's
Parcel No. 181313 - 41404.
The legal description is:
All that portion of Lot 2 of HENRY T. STONE'S
ACRE TRACTS, according to the plat thereof
recorded in Volume "A" of Plats, Page 73,
records of Yakima County, Washington, lying
southwesterly of the extended center line of
North 2nd Street extended Northwesterly in its
platted direction, as shown on the plat of the
TOWN OF NORTH YAKIMA (now Yakima), Washington,
according to the plat thereof recorded in
4411 Volume "E" of Plats, Page 1, records of Yakima
County, Washington; EXCEPTING, however, the
North 160 feet thereof.
EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
EXHIBIT "A"
YAKIMA 5 WASHINGTON
09)2 e-0 N�se9o7
3. Application. Rezone. 110
4. Proposed Zone. Central Business District Support (CBDS).
5. Proposed Use. Parking lot for restaurant.
6. Current Zoning and Use. The subject property is zoned
Multi- Family Residential (R -3). Development on the property
consists of a four unit apartment and an abandoned single - family
dwelling. Land use and zoning on adjacent properties is as
follows:
Location Zoning Existing Land Use
North R -3 Multi- family housing
East R -2 Single - family residential
South R -3 Single - family residential
West CBDS Vacant
The proposed rezone site is bounded by R -3 to the north and
south, CBDS to the west, and R -2 to the east. Land uses to the
west consist of a vacant lot; further west along North First Street
there are several single - family structures, along with a restaurant
to the southwest. Land uses to the north consist of multi - family
housing, two duplexes and a single- family unit; uses to the south al
and east along North 2nd Street development consist of single -
family residences.
The CBDS zoning district extends north and south along both
sides of North First Street one to two blocks deep from Lincoln
Avenue on the south to the freeway interchange on the north. Land
uses along this stretch consist of a variety of commercial uses,
including motels, restaurants, auto - related (sales, repair),
professional offices, convenience stores gas stations, retail
outlets, and some residential uses.
7. Project Description. Red Lobster, a subsidiary of
General Mills Restaurant Group, Inc., plans to build an 8,355
square foot Red Lobster Restaurant at the southeast intersection of
North First Street and East "I" Street on approximately two acres.
In order to provide the 136 parking spaces they want (as compared
to the 73 required by the zoning ordinance), they seek a rezone on
this parcel of ground which fronts on North 2nd Street, in order to
provide additional parking. 41$11
Part of the proposed restaurant site was rezoned in January,
EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
VAKIMA. WASHINGTON 98907
(509) 248 -0706
1990, from R -3 to CBDS. At that time no site plan was submitted.
The future hope was to construct a restaurant and parking lot on
the rezone site plus the old Cascade Motel property.
Apparently sale of the parcel subject to this current rezone,
and sale of the other parcels to Red Lobster, are all contingent
upon approval of this rezone application. Mr. Nelson, the owner of
this property, is concerned that if the sale does not close that
his property not be rezoned, since he wants to retain the current
R -3 zoning in the event this transaction does not close. A related
concern, by the City Traffic Department, is that if this project is
developed there needs to be some controls over access.
Subject to the rezone, the restaurant project would bs a
Class 1 use in the CBDS zone, and not subject to much planning
input other than for a building permit from Codes. By agreement
with the applicant, the City Planning Department is proposing a
concomitant agreement to deal with these issues. This will be
reviewed in more detail below.
al 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), as
part of the Optimal Land Use Plan, identifies the subject area as
being suitable for those uses that would be allowed under Central
Business District (CBD) zoning.
The plan states that all commercial uses shall be adequately
served by public services including transportation, sewer, and
water. North First Street is designated as a principal arterial at
this location, and East "I" Street as being a local street. North
First Street at this location carries an average of 22,800 vehicles
per day and is one of the highest volume roadways in the urban
area. The submitted site plan indicates that primary access will
be from North First Street where transportation facilities would be
adequate. The site is adequately served by City water and sewer.
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
EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
at this location pertains to some medium and low intensity uses a
north, east and south of the proposed rezone area. Adequate
sitescreening and restricted access from North 2nd Street would be
necessary to mitigate any potentially negative impacts on this
area.
One of the long range problems of this area is that North
First Street jogs and heads true north at East "I" Street. This
makes the commercial zoning along North First Street very narrow,
which was alleviated to some extent by the Swainson rezone dealing
with part of the Red Lobster property that was processed early in
1990. A review of the zoning map shows that the existing R -3
zoning almost approaches the CBDS zone at "I" Street. This
proposed rezone is a logical extension to 2nd, because of the jog
at "I" Street. In the future it can reasonably be anticipated that
the two corner lots, on the northeast corner of "I" Street and
North 2nd, will also be rezoned to CBDS. Apparently that property
owner did not want to participate in this rezone.
The future problem will be where to stop the encroaching CBDS
zone on the south. A. review of the map indicates that this parcel
reflects a logical south boundary, because of the configuration of
the map. Lots to the south front on 2nd Street, which is standard
width, and have the typical configuration of residential lots.
A copy of the zoning map for the area is attached as Exhibit
"A
9. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YMC 15.23.030.5 are considered below:
9.1 Testimony. A number of property owners on the block
testified. All were in favor of this rezone, subject to some
concern about whether Red Lobster would use the alley which dead -
ends on its south property line. Red Lobster does not intend to
use the alley, but if it did the alley would probably have to be
upgraded with some speed controls, based upon hearing testimony.
Louis Brown, on behalf of General Mills, indicated that they have
no desire to use the alley.
Representatives of Red Lobster testified that they had no
objection to a concomitant agreement, and no
objection to merging
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF TAX NA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
O lkhis lot with the other lots once they obtain owners e r hiP. Harold
The property owner, Warren Nelson,
Race, who was also speaking for Mr. Nelson, indicated that they do
not want to go through another hearing in order to obtain access
onto 2nd Street if this deal falls through. One of the elements of
Street. the concomitant agreement is to prohibit access on 2nd wants Mr.
Nelson clarified that if the deal does fall through, to
keep his R -3 zoning. of the
9.2 BuitabilitV th
of e ro
Pyert . The purpose
CBDS zoning district is to accommodate wholesale and retail
activities with some high density residential development. nlass 1
restaurant and its asscciated off - street parking lot is a
use in the CBDS zoning district. Subject to execution of a
concomitant agreement limiting access on 2nd Street, which is a
residential street, this property is appropriate for CBDS uses.
9.3
Acenc Recommendations. No agencies are opposed.
p
The City Planning Department recommends approval subject to a
M concomitant agreement.
9.4 Com liance with Com rehensive 1 b a with °II the
ordinance. The proposed rezone is compatible
comprehensive plan, subject to execution of a concomitant agreement
designed to limit adverse impact upon adjacent low intensity
residential uses.
With respect to the zoning ordinance, this project is
consistent with the commercial zoning along North First Street, and
can be made compatible with the adjacent residential uses.
9.5 Adeauac�t of Public Faci ties.
With the exception
of North 2nd Street, there are adequate public facilities. North
continuing to its
2nd Street narrows down at Street. this project, In conjunction with this
intersection with East "I"
rezone, the applicant needs to dedicate sufficient right -of -way and
improve North 2nd Street to match the existing
street to the south.
This will be dealt with in the concomitant agreement.
4410 9.6 Compatibility. The major issue is to limit
c ommercial impact on a residential neighborhood, which can be done
by prohibiting access to North 2nd
Street from this parcel. This
EXAMINER'S RECOMMENDATION - 5 HEARING EXAMINER FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
will not create a landlocked parcel because of a related
requirement that this parcel be merged with other tax parcels which Ile
have frontage on North First Street or "I" Street. Fencing will be
required on the north and south boundaries of this parcel, to
shield other commercial activities from the adjacent residential
uses.
9.7 public Need. This rezone is necessary in order to
accommodate commercial activities along North First Street,
providing adequate parking, ingress, and egress, without spilling
traffic into residential areas.
10. Concomitant Agreement. A concomitant agreement is
designed to run with the land and co -exist with the rezone. Such
agreements have been subject to court review, and are appropriate
when the agreement is designed to rationally serve a legitimate
public interest. Use of a concomitant agreement allows some
flexibility in allowing a rezone.
The problem arises with the Yakima urban area because Class 1
uses are generally viewed by City and County administrators as
permitted outright, subject only to obtaining a building permit.
Given that view of a Class 1 use, there are often traffic and
traditional police power concerns related to such development which
are not otherwise dealt with. Use of a concomitant agreement
becomes basically a substitute for Class 3 review.
In State ex rel Mvhre v. Spokane, 70 Wn.2d 207, 442 P.2d 790
(1967), the Washington Supreme Court recognized that a rezone
combined with a restrictive agreement allows tailoring regulation
to a specific development proposal, and that the City has authority
to do so as long as the precise regulation rationally serves the
public interest. fies. Settle, Washington Land Use and Environmental
Law and Practice p. 67 (1983).
Citing language in Chrobuck v. Snohomish County, 78 Wn.2d 858,
480 P.2d 489 (1971), Professor Settle states:
Elaborating upon the court's reasoning in Myhre, he
[Justice Neill] emphasized the utility of concomitant
agreements to protect the public interest in instances of
development which it is not reasonable to absolutely
prohibit or permit. By permitting a use subject to
EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER
FOR THE
CrTY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 96907
(509) 246 -0706
specific site development and public facilities
requirements, the public can be protected in two ways:
potentially incompatible features of the use can be
prevented or mitigated, and the cost of public facility
needs can be assessed to the activity generating them.
Concomitant agreements are valid as long as they
rationally address potentially adverse public impacts on
the proposed use and do not seek to "extract some
collateral benefit from the property owner" or sell
rezones "to the highest bidder . . . solely for the
benefit of private speculators."
Settle, p.67.
The owner must consent to the concomitant agreement, and it
should be clear that the rezone is conditioned upon the agreement,
which will be recorded and binding on subsequent owners of the
property.
In this instance Red Lobster consents to the concomitant
agreement, but the property owner does not want the rezone and the
agreement unless the Red Lobster deal actually closes. This can be
dealt with simply as a matter of timing. Should the City Council
adopt this recommendation to rezone, they can at their public
meeting vote to approve the rezone and also vote to approve the
wording of the concomitant agreement. The Council will delay
enacting its ordinance which approves the rezone and concomitant
agreement until such time as they receive a signed agreement from
Red Lobster. Red Lobster can sign the concomitant agreement at
closing of the various real estate transactions. With the real
estate transaction closed, the deal is done, the concomitant
agreement has been signed, the property owner knows that he has a
deal, and the City Council at that point can formally adopt the
ordinance approving the rezone. If the deal falls through, then
the Council needs to take no further action because, although they
have voted on the record to approve the rezone, it is not a
completed act until adoption of the ordinance enacting their vote.
Accordingly, Mr. Nelson will retain the existing R -3 zoning if the
deal falls through, free of the concomitant agreement.
41411 The compatibility and development issues dealt with by the
concomitant agreement deal with the need to dedicate additional
right -of -way, improve North 2nd Street, prohibit access to North
EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
2nd Street from this commercial activity, and to require site -
screening between this parcel and the residential uses to the north
and south. Merger of this parcel with the others is also
appropriate. This prevents creation of a CBDS zoned lot with no
street access.
There should be a clear procedure for amending the concomitant
agreement. It seems reasonable to require that the agreement be
amended with substantially the same formality required for a
rezone, namely notice of a hearing, a hearing, and then approval by
the City Council. Since this agreement does run with the land and
will exist in perpetuity until otherwise modified, it is difficult
to anticipate what sort of rezone procedures may exist in the
future. A simple approach is simply to require notice and hearing,
without specifying exactly who is to conduct the hearing.
11. State Environmental Policy Act. A Determination of Non -
significance was issued by the City of Yakima on October 29, 1990.
12. Public Notice. Public notice of the hearing was provided
as follows:
November 9, 1990 - Posting of property.
November 9, 1990 - Legal ad published.
November 8, 1990 - Notification of property owners.
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 Central Business District Support District;
any problems with neighborhood compatibility can be resolved by
execution of a concomitant agreement, attached as Exhibit "B "; 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:
EXAMINER'S RECOMMENDATION - 8 HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 9890'
(-
O D RECOMMENDATION
Approve this rezone application, from R -3 to CBDS, subject to
execution of the concomitant agreement in substantially the form
attached hereto as Exhibit "B, ", which shall be recorded with the
Yakima County Auditor and shall specify that the property
owner /applicant is responsible for the following actions:
A. Twenty -five feet of right -of -way will be dedicated along
the North 2nd Street frontage of this site for street improvements.
B. North 2nd Street will be widened with new curb, gutter,
sidewalk and pavement to match the street from the south across the
frontage of the site. Design /construction plans and specifications
shall be prepared by a civil engineer registered in the State of
Washington to be submitted to the City Engineer's office for review
and approval.
C. No driveway access will be allowed along the North 2nd
Street of the site. Any existing driveway approaches serving the
site will have to be closed off with new full height curb, gutter
and sidewalk.
D. Sitescreening will consist of a six foot solid fence
along the residential properties to the north and south. A low
headlight barrier type fence with appropriate landscaping shall be
installed along the North 2nd Street frontage between the parking
area and the sidewalk.
E. Merger of this parcel with adjoining parcels owned by
General Mills.
Respectfully submitted this llth day of December, 1990.
n L
PHILIP A. B
Hearing Examiner
EXAMINER'S RECOMMENDATION - 9 NEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
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CITY OF YAKIIIA, IASHITIGTON '''• - "
Information Services - C1S s
FILE Na UA7,o sz 18-so % Subject aea
APPLICANT: General hills Restaurants, inc � Limits
gt;QllESI: Rezone lot from x -3 to CBDS for parking `11 �Y
LOCATION: 816 North 2nd Street la Zoning
ova
•
CONCOMITANT AGREEMENT
Parties:
The parties to this agreement are the CITY OF YAKIMA, a
municipal corporation, and GENERAL MILLS RESTAURANT GROUP, INC., a
corporation.
Recitals:
1. Real estate described below has been the subject of a
rezone submitted pursuant to the Yakima Urban Area Zoning
Ordinance, seeking a rezone from Multi- Family Residential (R -3) to
Central Business District Support (CBDS) 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
and recording of this Concomitant Agreement.
ell 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. General Mills Restaurant Group, Inc., owns the following
described real estate:
All that portion of Lot 2 of HENRY T. STONE'S
ACRE TRACTS, according to the plat thereof
recorded in Volume "A" of Plats, Page 73,
records of Yakima County, Washington, lying
southwesterly of the extended center line of
North 2nd Street extended Northwesterly in its
platted direction, as shown on the plat of the
TOWN OF NORTH YAKIMA (now Yakima), Washington,
according to the plat thereof recorded in Volume
"E" of Plats, Page 1, records of Yakima County,
Washington; EXCEPTING, however, the North 160
feet thereof.
CONCOMITANT AGREEMENT - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
Page,.1 of YAKIMA . WASHINGTON 9890-
(509) 248.0706
elp
2. The above described real ro ert is the subject of a
P P Y 7
rezone application filed with the City of Yakima under File No.
UAZO RZ #8-90, processed under Hearing Examiner No. I90 -2 -72, 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 General Mills Restaurant
Group, Inc., 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 described in this agreement
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) Twenty five feet of right -of -way shall be dedicated along
the North 2nd Street frontage of this site for street
improvements.
b) North 2nd Street will be widened with new curb, gutter,
sidewalk and pavement to match the street from the south
across the frontage of the site. Design /construction d o
plans shall be prepared by a civil engineer registered in
the State of Washington to be submitted to the City
Engineer's office for review and approval.
c) No driveway access will be allowed along the North 2nd
Street of the site. Any existing driveway approaches
serving the site will have to be closed off with new full
height curb, gutter and sidewalk
d) Sitescreening will consist of a six foot wooden fence
along the residential properties to the north. A low
headlight barrier type fence with appropriate landscaping
shall be installed along the North 2nd Street frontage
between the parking area and the sidewalk.
e) Merger of this parcel with adjoining parcels owned by
General Mills.
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
CONCOMITANT AGREEMENT - 2
Exhibit r HEARING EXAMINER
FOR THE
T',.g 3_/1_,_.Of CRY AND COUNTY OF YAKIMA
, POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
•
1509/248-0706
410 11 Area Zoning Ordinance).
6. This agreement shall become null and void when this
property is reclassified to a zoning designation other than CBDS,
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.
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 )
i ) 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
CONCOMITANT AGREEMENT - 3
Exhibit HEARING EXAMINER
Exxhibit S FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
Unn.� of 4 YAKdNA. WASHINGTON 9990:
DATED this day of •
GENERAL MILLS RESTAURANT GROUP,
INC., a 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 GENERAL MILLS
RESTAURANT GROUP, INC., 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
THIS AGREEMENT EXECUTED BY THE CITY OF YAKIMA PURSUANT TO ORDINANCE
NO. EXECUTED
) 10
CONCOMITANT AGREEMENT - 4
Exhibi HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
Page..t.-of, POST OFFICE BOX 4
YAKIMA . WASHINGTON 98907
(509) 248 -0706