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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