HomeMy WebLinkAboutR-1990-D5827 Fred Meyer, Inc. RezoneRESOLUTION NO D 5 8 2 7
A RESOLUTION authorizing the City Manager and the City Clerk of
the City of Yakima to execute an agreement between
Yakima County, the City of Yakima, and Round -Up
Company, doing business as Fred Meyer ,
WHEREAS, Round -Up Company, doing business as Fred Meyer , Inc has filed
with the Yakima Planning Department an application for a modification of the site
plan development for the rezone of property from Professional Business (B1) to
Small Convenience Center (SCC) and from Suburban Residential (SR) to Small
Convenience Center (SCC) to permit the establishment of a commercial development
as is legally described in the attached agreement identified as Exhibit "A" and
incorporated herein as if fully set forth, and
WHEREAS, this property is located within the North 40th Avenue annexation
which currently has sixty-seven percent (67%) of the acquired seventy-five
percent (75%) ownerssignatures and will likely be annexed into the City of
Yakima within this calendar year; and
WHEREAS, the City of Yakima may be required to enforce the attached
agreement upon annexation, and therefore the City Council deems it to be in the
best interest of the City that such agreement be executed by the City, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized to execute the attached agreement (Exhibit "A").
ADOPTED BY THE CITY COUNCIL thisa51 day of izyt/ridflO—r ,1990.
ATTEST
O›eg /e5--Se4.4-2 C,fryi
City Clerk
EXHIBIT A
CONCOMITANT AGREEMENT
Parties: The parties to this agreement are YAKIMA COUNTY, a
municipal corporation; the CITY OF YAKIMA, a municipal corporation;
and ROUND -UP COMPANY, doing business as FRED MEYER, INC.
Recitals:
1. Real estate described below has been the subject of a
rezone and master application submitted under the Yakima Urban Area
Zoning Ordinance, seeking a rezone to Small Convenience Center and
approval for construction of a shopping center consisting of
approximately 186,000 square feet on approximately 17 acres.
2. The rezone and master application have been approved by
the Board of Yakima County Commissioners, subject to execution of
a Concomitant Agreement which requires that the property be
developed in compliance with the terms of the County's approval of
the rezone, and the site plan submitted by the developer.
3. The rezone has not been appealed and is a final decision,
subject to implementation of the various conditions of approval,
including this Concomitant Agreement.
4. The intent 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.
Agreement: The parties agree as follows:
1. Round -up Company, doing business as Fred Meyer, Inc., is
the owner of the following described real estate:
Lots 1, 2, 3 and 4 of that certain short plat recorded in
Book Q, Page 16, Short Plat Records of Yakima County,
Washington; and
The east 20 feet of that portion of Section 15, Township
13 North, Range 18 E.W.M. beginning 1692.4 feet east and
147.4 feet south of the northwest corner of the NW 1/4,
thence south 523 feet, thence north 73 degrees 30' west
380.2 feet, thence north 52 degrees 12' west 194 feet,
thence north 17 degrees 13' east 113 feet, thence north
21 degrees 45' west 15 feet, thence north 41 degrees 9'
CONCOMITANT AGREEMENT - 1
east 207.7 feet, thence north 87 degrees 11' east 353.5
feet to the point of beginning, Except right-of-way for
road along the south line.
2. The above described real property is the subject of a
master application for a rezone and Class 2 use approval filed with
- Yakima County under County File No. C(2)-13-1989, processed under
Hearing Examiner No. 090-21-9, and approved by the Board of Yakima
County Commissioners on May 15, 1990, as reflected in Resolution
No. 207-1990, executed May 16, 1990, by the Board of Yakima County
Commissioners.
3. The master application for the rezone and development of
the above-described real estate is subject to the terns and
conditions of Resolution No. 207-1990, and the parties agree that
those conditions may be modified only as set forth in the
resolution.
4. Resolution No. 207-1990 contemplates some modifications
of the site plan subject to approval by the SEPA Responsible
Official and the Hearing Examiner, provided that the total floor
area of all buildings shall not exceed the amount shown on the
original site plan and described in the application text.
Furthermore, the Hearing Examiner maintains continuing jurisdiction
of the master application to resolve design disputes, pursuant to
the procedures set forth in Resolution No. 207-1990.
5. Modifications of the site plan, or any subsequent site
plan, shall be processed pursuant to the resolution, this
Concomitant Agreement, and the Urban Area Zoning Ordinance.
6. This agreement shall be binding upon the owners of the
above-described real estate, and their successors andassigns.
7. This agreement shall be enforced by Yakima County prior
to annexation of the real estate by the City of Yakima, at which
time the agreement shall be enforced by the City of Yakima. Breach
of this agreement shall constitute a violation of Title 15A, Yakima
County Code, or Chapter 15, Yakima Municipal Code (both consisting
of the Yakima Urban Area Zoning Ordinance).
8. This agreement shall be recorded with the Yakima County
Auditor and shall run with the above-described real estate.
DATED this day of September, 1990.
YAKIMA COUNTY
By
CONCOMITANT AGREEMENT - 2
STATE OF WASHINGTON
COUNTY OF YAKIMA
)
ss.
)
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 YAKIMA COUNTY
to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: September , 1990.
Signature of Notary Public
My appointment expires
DATED this day of September, 1990.
CITY OF YAKIMA
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 CITY OF YAKIMA
to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: September , 1990.
Signature of Notary Public
My appointment expires
CONCOMITANT AGREEMENT - 3
DATED this day of September, 1990.
STATE OF WASHINGTON
COUNTY OF YAKIMA
ROUND -UP COMPANY, d/b/a
FRED MEYER, INC.
By
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 ROUND -UP COMPANY,
d/b/a FRED MEYER, INC., to be the free and voluntary act of such
party for the uses andpurposes mentioned in the instrument.
DATED: September e , 1990.
Signature of Notary Public
My appointment expires
CONCOMITANT AGREEMENT •- 4
EXHIBIT B
Addendum to File No.: ER -67-89
Jeffrey H. Tamkin, Inc.
On September 6, 1990, Jeffrey H. Tamkin, Inc. filed an appli-
cation for Administrative Modification of a site plan and Class
(2) zoning review approved by the Board of Yakima County
Commissioners for a 183,579 square foot shopping center. Con-
struction has not yet commenced.
The modification proposed a single 182,300 square foot structure
housing the same types of land uses rather than five separate
structures as originally proposed. In addition, entrances to the
site from West Powerhouse Road are being reduced from three to two
and are being relocated on the site. The right -turn in/right-turn
out entrance to North 40th Avenue is being replaced with a right -
turn -out only exit. Parking and landscaping is being reconfigured
on the site to accommodate the single structure.
On January 31, 1990 a Mitigated Determination of Nonsignificance
(MDNS) was issued jointly by the City and County of Yakima. The
MDNS imposed the following requirements:
A. Traffic impacts shall be mitigated primarily by development in
substantial conformance with the site and street improvement
plans submitted to the Yakima County Planning Department on
January 29, 1990. At minimum, the following improvements are
required and shall be approved by the Yakima County Public Works
Director and the City of Yakima Department of Engineering and
Utilities prior to construction:
1. Dedication of sufficient right-of-way along West Powerhouse
Road for the purpose of making road improvements shown on
the Street Improvement Plan.
2. Reconstruction of West Powerhouse Road with a two-way left
turn lane and entrance tapers as shown on the Street
Improvement Plan.
3. Sidewalks and streetlights shall be provided along the north
side of West Powerhouse Road and sidewalks shall be
constructed along 40th Avenue within the road right-of-
way.
4. The intersection of North 40th Avenue and Powerhouse Road
shall be signalized and radius improvements provided for all
four legs of the intersection.
5. The design of North 40th Avenue shall provide the maximum
stacking areas for turning movements off of 40th Avenue.
B. Clean earthen material shall be used to fi]L1 the on-site pond.
Demolition debris, including broken concrete and asphalt shall
not be used.
Measures described in "A" above are intended to mitigate potential
traffic impacts. The measure described in "B"_:is intended to
mitigate groundwater quality impacts.
The modified site plan does not significantly alter off-site
traffic control improvements shown on the January 29, 1990 site
and street improvement plans. The most significant change is the
relocation of a driveway to a point within 50 feet of the west
property line. The modified site plan extends tapered pavement and
two-way left turn lane approximately 225 feet beyond the west
property line. This change will adequately accommodate turning
traffic into the site.
On-site traffic circulation reflected in the modified site plan
has been evaluated and it has been determined that no significant
adverse impacts are expected.
9-4--92) 44/41-4y 4—Zitt&e“i -el
Date Richard F. Anderwald
SEPA Responsible Official
Attachment: Modified site plan
P1 - Preliminary site plan
P2 - Proposed drainage plan
P3- Proposed sewer and water plan
P4 - Landscape concept plan
TC/UA-2
OFFICE OF HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
PHILIP A. LAMB 311 NORTH THIRD STREET. P.O. BOX 4
YAKIMA. WASHINGTON 98907
September 18, 1990
Richard Anderwald, Director
Yakima County Planning Department
Room 417, Courthouse
Yakima, WA 98901
(509) 248.0706
YAKIMA Coil TY F'LA:v'a,
DEPARTMENT
SEP 1 3 'SCJ
DMR. ASST._,_,
RE: Tamkin Administrative Modification (Fred Meyer) REF.TO
F'1F'
Dear Dick:
Enclosed is an Administrative Modification which I have
signed, together with an attached Concomitant Agreement.
I have reviewed the site plan in detail with Tom Durant and
Joan Davenport, from the County and City Planning Departments, and
with Dan Hesse and Vern Redifer, County Public Works. I also met
with Durant, Davenport, and Tamkin's attorney Jamie Carmody to
review the site plan.
This modification clearly appears to comply with the criteria
for administrative modifications, without a public hearing, by you
as Administrative Official. The only reason I am signing off on it
is because the commissioners in their approval for the Tamkin
rezone indicated that both you and I are to review and approve
modifications to the site plan.
Environmental review indicates that there are no significant
adverse environmental impacts expected from this modification. The
State Environmental Policy Act does not require reopening
environmental review.
As indicated in the commissioners' rezone approval, I retain
continuing jurisdiction to arbitrate design disputes which may
arise between the developer, the County, or the City.
PAL/bf
Enc.
Best personal regards,
Philip A. Lamb
In Re Master Application of
J. H. TAMKIN, INC., for
inter alia a Rezone from -
B -1 and SR to SCC.
ADMINISTRATIVE MODIFICATION
OF APPROVED SITE PLAN
County No. UAR-7-89 and
C(2)-13-89
Examiner No. 090-21-9
Pursuant to review of this file, a recently received
application for Administrative Modification with revised site plans
dated September 11, 1990, and pursuant to review of this proposed
revision by Yakima County Public Works, the Yakima County Planning
Department, and the City of Yakima Department of Community and
Economic Development, the following Findings and Conclusions are
issued jointly by SEPA Responsible Official Richard F. Anderwalct
and Yakima Hearing Examiner Philip A. Lamb.
FINDINGS OF FACT
1. Application for Administrative Modification. An
application has been received for administrative approval of a site
plan modification, pursuant to YCC 15A.17.050. The requested
modification is to replace five buildings totalling 183,579 square
feet of retail building space with a single 182,300 square foot
building housing the same type of uses. The application includes
a modified site plan consisting of four maps dated September 11,
1990, prepared by JKS Architects. The four maps are identified as
preliminary site plan (P1), proposed drainage plan (P2), proposed
sewer and water plan (P3), and landscape concept plan (24).
2. Controllinq_.Law. Administrative modification is
authorized pursuant to the procedures set forth in Yakima County
Resolution No. 207-1990 and YCC 15A.17.050, entitled Modification
of Approved and Existing Class 2 and 3 Uses and Development.
Modifications may be administratively and summarily approved by the
Planning Department if the department determines that any proposed
change in the site design or arrangement will not increase
residential density, will not increase the amount of parking by
ADMINISTRATIVE MODIFICATION
OF APPROVED SITE PLAN - 1
HEAR NG EXAM NER
FOR TME
CITY ANO COUNTY OF YAKPAA
POST OFFICE BOX 4
YAKMA. WASH CNGTONY 98907
1509) 248-0706
more than 10 percent or 20 spaces (whichever is less) and will not
change or modify any previously imposed special conditions.
Furthermore, the change must not increase the height of any
structure, must not adversely reduce the amount of existing
landscaping or the amount or location of required site screening,
must not- expand an existing non -conforming use, and in the
determination of the Planning Department will not create or
materially increase any adverse impacts or undesirable effects of
the project. (YCC 15A.17.050(8)(1).)
3. Site Plan Changes.
A. A rectangular building will be located on the north
side of West Powerhouse Road, with the front facing toward 40th
Avenue.
B. The number of access points on West Powerhouse Road
is being reduced from three to two. The westerly access is being
relocated approximately 300 feet further west and the easterly
access is being relocated approximately 75 feet further east. The
modified site plan includes the extension of tapered pavement and
the center turn lane approximately 225 feet west of the west
property line to better accommodate westerly access. The center
line of the easterly access off Powerhouse Road will be no closer
to the 40th/West Powerhouse intersection than indicated on the
September 11, 1990, revised site plan.
C. The modification will add 20 parking spaces to the
site plan approved by the Board of County Commissioners.
D. The modified building has a proposed height of 28
feet and will comply with the height limitations of the Urban Area
Zoning Ordinance.
E. The modification will not significantly reduce the
amount of landscaping. The size of landscaped areas will be
increased at the northwest and southeast corners of the site and
reduced at the southwest corner. Landscaping will be reduced
within the parking area but complies with the requirements of the
Urban Area Zoning Ordinance.
ADMINISTRATIVE MODIFICATION
OF APPROVED SITE PLAN - 2
HEARING EXAMINER
FOR THE
CITY ANO COUNTY OF YAKIMA
POST OFFICE SOX 4
YAKIMA. WASHINGTON 9890-
(509> 248-0706
P. On-site traffic circulation has been modified to
accommodate the single building as opposed to the originally
proposed multiple building complex. Traffic circulation, as now
proposed, has a less complicated design with adequate provision for
ingress and egress.
G. The original right-turn-in/right-turn-out entrance
to the site from 40th Avenue is being replaced with a right -turn-
out exit only.
H. Truck access to the rear of the building along
Powerhouse is delineated on the modified site plan and involves
minimal routing through parking areas.
I. Residential density is not affected by this
proposal.
J. This modification will not change any special
condition previously imposed by the Board of County Commissioners.
4. Off -Site Improvements. All off-site improvements, except
as modified to accommodate two rather than three access points on
West Powerhouse Road, and all other conditions of approval, remain
in place and must be complied with.
5. gnvironmental Review. On January 31, 1990, a Mitigated
Determination of Non -Significance was issued jointly by the City
and County of Yakima concerning the original site plan.
Yakima County as lead agency has reviewed the proposed
administrative modification and has issued an addendum to the
original MDNS. The addendum is attached as Exhibit "A" and
incorporated herein by reference. The revision does not create any
additional impacts not already addressed in the prior environmental
review. Under SEPA regulations, WAC 197-11-600, this revision does
not constitute a substantial change to a proposal likely to have
significant adverse environmental impacts. Accordingly, the
existing environmental review is adopted, incorporated by
reference, and is supplemented by the attached addendum. When a
threshold decision of non -significance is not changed by a
revision, adoption of an addenda may occur without public comment.
ADMINISTRATIVE MODIFICATION
OF APPROVED SITE PLAN - 3
HEARING EXAMINER
FOR THE
CITY ANO COUNTY OF YAK/
POST OFFICE BOX 4
YAKI.A. WASHINGTON 98,-
(509) 248-0706
WAC 197-11-625.
CONCLUSIONS OP LAW
1. This modification may be processed administratively
because it complies with all of the provisions of YCC
15.17.050(8)(1).
2. This modification complies with -the intent and specific
terms of Yakima County Resolution No. 207-1990, dealing with the
County's previous approval for development at this site.
3. This modification is contingent upon compliance with
Resolution No. 207-1990, the terms of this modification approval,
and execution of a Concomitant Agreement in the form set forth as
Exhibit "B" attached hereto and incorporated herein by reference.
The Concomitant Agreement shall be executed by the property owner,
and recorded, prior to issuance of any building permits.
4. Final site plans reflecting these conditions shall be
submitted to and approved by the Administrative Official, in
addition to the items already described on the existing site plans.
There shall also be included typical building elevations, and a
sign plan.
5. All external equipment mounted on the roof shall be
screened from view to the extent practical and within the height
limitations of the ordinance. All external equipment mounted at
ground level, including refuse receptacles, dumpsters, and refuse
compaction equipment shall also be screened from view. Sound
deadening may be required for refuse compaction and heating, air
conditioning, and refrigeration equipment. This will depend on
engineering considerations and will be decided by the SEPA
Responsible Official with advice from the Building Official.
DATED this %5('''qday of September, 1990.
By
ADMINISTRATIVE MODIFICATION
OF APPROVED SITE PLAN - 4
A
PHIL IPA.
LAM
Hearing Examiner
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAXNA. WASHINGTON 98907
(509) 248-0706
DATED this
day of September, 1990.
ADMINISTRATIVE MODIFICATION
OF APPROVED SITE PLAN - 5
By / e/u,�ll`��.
RICHARD F. ANDERWALD
SEPA Responsible Official
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKII4t
POST OFFICE BOX 4
YAKIMA. WASS-INGTON 9890'
(509) 248-0706
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. I t2
FOR MEETING OF: Sept. 25, 1990
ITEM TITLE: Resolution authorizing City Manager to sign Concomitant Agreement for SCC
zoned property located at North 40th Avenue and Powerhouse Road
SUBMITTED BY: Glenn K. Rice, Director of Comm & Econ Development
CONTACT PERSON / TELEPHONE: Joan Davenport, Supervising Associate Planner
(575-6164)
SUMMARY EXPLANATION:
Yakima County, on September 18, 1990 approved an Administrative Modification of the approved
Site Plan for the site recently rezoned to SCC, located in the County at North 40th Avenue and
Powerhouse Road. The Modification, pursuant to the criteria of the Yakima Urban Area Zoning
Ordinance, Section 15.17.050 approved the changes in the site plan to allow Fred Meyer
Incorporated, to construct a single structure on the site. City staff assisted in the review of the
modification. The attached Resolution authorizes City Manager to be a signator to the Rezone
Concomitant Agreement which requires compliance with the approved detail site plan and
conditions of approval. City participation in this agreement is important since the property is
subject to annexation in the near future. By signing the agreement, the City agrees to enforce the
conditions of approval.
**********************************************************************************************************
EXHIBITS
X Resolution Ordinance Contract Minutes
Map/plan Notification List Other: Concomitant Agreement and Administrative
Modification for revised Site Plan.
APPROVAL FOR SUBMITTAL:
CITY !MANAGER
*****************************************************************************************
STAFF RECOMMENDATION: Adopt the Resolution which authorizes City Manager to sign
agreement.
BOARD RECOMMENDATION:
COUNCIL ACTION:
Resolution No. D-5827