HomeMy WebLinkAbout09/20/2016 08 Multi-Phase Ministorage Complex Development Agreement with Storage Investments, LLC i
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: September 20, 2016
ITEM TITLE: Public Hearing and resolution to consider a development agreement
for a multi -phase ministorage complex submitted by Storage
Investments, LLC located at 8102 and 8104 Nob Hill Blvd.
SUBMITTED BY: Joan Davenport, AICP, Director of Community Development
Jeff Peters, Supervising Planner (509) 575 -6163
SUMMARY EXPLANATION:
The principals of Storage Investments LLC (David Hoeger & Teresa Donovan) have requested that
the Yakima City Council conduct a public hearing to consider a development agreement and resolution
to vest their previously approved land use decisions and site plan for a residential multi -phase
ministorage complex issued by the City of Yakima Hearing Examiner and Planning Division in 2013
and 2015 (CL3 #003 -13, ADJ #006 -13; SEPA #020 -13, and MOD #002 -15). Approval of the
development agreement will vest the development to the regulations that the ministorage was
approved under, conditions of the land use approvals, approved site plans, and extend the life of the
development approvals for 20 years from the date of approval.
The City of Yakima Planning Division and Legal Department reviewed the subject development
agreement and find that it appropriately incorporates all previously issued land use decisions.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR { #
SUBMITTAL: t City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD /COMMITTEE RECOMMENDATION:
The City of Yakima Hearing Examiner approved the proposed development (multi -phase mini - storage) or
February 10, 2014.
RESOLUTION NO. R -2016-
A RESOLUTION authorizing and directing the City Manager to execute a Development
Agreement with Storage Investments, LLC. (here after "Storage
Investments ") to provide for the terms and conditions of development of
a multi -phase ministorage complex to be located at 8102 and 8104 Nob
Hill Blvd., in the City of Yakima.
WHEREAS, the City of Yakima (herein after "City ") is a first class charter city
incorporated under the laws of the State of Washington and has the authority to enact laws
and enter into agreements to promote the health, safety, and welfare of its citizens and
thereby to control the use and development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with
those who own or control property within its jurisdiction pursuant to RCW 36.70B.170 and
36.70B.210; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City
adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised
and updated this plan and has adopted, and continues to adopt, development regulations to
implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which
zoned the property Local Business (B -2); and
WHEREAS, Developer has obtained development rights for two parcels of
approximately 3.15 acres located at 8102 and 8104 Nob Hill Blvd., Yakima, Washington (the
"property "); legally described in Exhibits A and B, as set forth in full in the attached
development agreement; and
WHEREAS, on September 30, 2013, the applicant Storage Investments submitted
an application for a Type (3), Administrative Adjustment, and State Environmental Policy Act
(SEPA) Review for the phased development of a 56,575 sq. ft. 550 - residential ministorage
unit complex located at 8102 and 8104 Nob Hill Blvd. (City File Numbers: CL3 #003 -13,
ADJ #006 -13; & SEPA #020 -13), (the "Project "); and
WHEREAS, the specific proposed use of the property identified by Developer is that
of a residential ministorage; and
WHEREAS, on December 3, 2013, the City issued a Notice of Application and
Environmental Review for the Project; and
WHEREAS, the City issued a Determination of Non - Significance (DNS) on the
Project on December 30, 2013, with the appeal period lapsing on January 13, 2014, with no
appeals filed; and
WHEREAS, Developer intends to take appropriate steps to comply with
environmental and land use requirements related to development of the property; and
WHEREAS, on January 23, 2014, the Hearing Examiner held an open record
hearing in consideration of the Project; and
WHEREAS, on February 10, 2014, the Hearing Examiner issued his land use
decision of approval subject to conditions; and
WHEREAS, on January 16, 2015, the Developer submitted a Modification
application (City File Number: MOD #002 -15) to the City of Yakima Planning Division
requesting to increasing the driveway width by one ft. and decreasing the total number of
buildings to be constructed from 11 to 10; and
WHEREAS, on January 30, 2015, the City of Yakima Planning Division approved the
Developer's Modification application;
WHEREAS, on January 20, 2016, the City of Yakima Planning Division granted an
extension of the Developer's land use approvals with an expiration date of January 30,
2017; and
WHEREAS, on June 8, 2016, the Developer determined that additional time would
be necessary to develop the proposed Project, submitted the attached development
agreement, and requested that the Yakima City Council hold a public hearing to consider
said agreement; and
WHEREAS, both the City Planning Division and Legal Department have reviewed
the proposed development agreement and found that said agreement appropriately
incorporates all conditions of approvals set forth in land use approvals CL3 #003 -13,
ADJ #006 -13; SEPA #020 -13 , MOD #002 -15, and provides for an reasonable development
term of twenty years; and
WHEREAS, on September 20, 2016, after notice duly given according to the
requirements of the City of Yakima Municipal Code, the City Council held a public hearing to
consider the submitted development agreement; and
WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the
Final Decisions for the execution of a development agreement between Storage
Investments and the City to implement the conditions set forth in the Final Decisions; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will,
amongst other things, implement the conditions in the Final Decisions, eliminate uncertainty
over development of the Project, provide for the orderly development of the Project
consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate
environmental impacts, and otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Storage Investments Development Agreement. The Yakima
City Council, after a duly noticed public hearing, has determined that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of
this Agreement are consistent with the Comprehensive Plan and applicable development
regulations.
ADOPTED BY THE CITY COUNCIL this 20 day of September, 2016.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Return Address:
David L. Hoeger
410 Aeroview
Yakima, WA 98908
Document 1 Title: DEVELOP I NT AGREE I NT BY I BE EN THE OF
Y I • STORAGE I S I NTS, LLC
Reference #'s:
Additional reference #'s on page
Grantors: Grantees:
Additional grantors on page Additional grantees on page
Legal Description (abbreviated form: i.e. lot, block, plat or S,T,R quarter/quarter):
181330-41001: The North half of the Northeast Quarter of the Northeast Quarter of the
Southeast Quarter of Section 30, Township 13 North, Range 18 EWM; Except the North 8.5
feet for road; And Except the West 263.7 feet thereof; And Except the right of way for road
along the East line thereof. Situated in Yakima County, State of Washington. Commonly
known as 8102 W NOB :1' L BL I , Yakima, Washington 98908
181330-41002: The East 64 feet of the following-described property: That portion of the
North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of
Section 30, Township 13 North, Range 18 EWM, described as follows: Beginning at a point
397 feet West of the Northeast corner of said subdivision; Thence West along the North line
thereof 263.7 feet, more or less, to the Northwest corner of said subdivision; Thence South
along the West line of said subdivision 330.4 feet, more or less, to the Southwest corner of
said subdivision; Thence East along the South line 263.7 feet; Thence North 0°28' East 330.4
feet to the point of beginning. Situated in Yakima County, State of Washington. Commonly
known as 8104 W NOB L BLVD, Yakima, Washington 98908
Assessor's Property Tax Parcel/Account Number: 181330-41001, 181330-41002
Signature:
DEVELOP I NT AG ' E I NT
BY I BETWEEN THE CITY OF Y II
I STO GE INVEST I NTS, LLC
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
2016, by and between the City of Yakima, a Washington municipal corporation, hereinafter the "City,"
and Storage Investments, LLC , a Washington limited liability company hereinafter the "Developer."
CITALS
WHEREAS, the Washington State Legislature has authorized the execution of a development agreement
between a local government and a person having ownership or control of real property within its
jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement may set forth the development standards and other provisions
that shall apply to, govern and vest the development, use and mitigation of the development of the real
property for the duration specified in the agreement (RCW 36.70B.170(1)); and
WHEREAS, for the purposes of this development agreement, "development standards" includes, but
is not limited to, all of the standards listed in RCW 36.70B.170(3); and
WHEREAS, a development agreement must be consistent with the applicable development regulations
adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and
WHEREAS, this Development Agreement by and between the City of Yakima and the Developer
(hereinafter the "Development Agreement") relates to a proposed residential mini-storage complex on
two parcels located at 8102 and 8104 West Nob Hill Boulevard, Yakima, WA (Assessor Parcel Nos.
181330-41001 and -41002) ("Project"); and
WHEREAS, the Project was reviewed pursuant to Type 3 review and approved by Hearing Examiner
subject to conditions in Hearing Examiner's Decision, dated February 6, 2014 (CL3 #003-13; ADJ #006-
13; and SEPA #020-13) (hereinafter "Hearing Examiner's Decision"), such decision authorizing the
proposed residential mini-storage in the Local Business (B-2) zoning district subject to specific
conditions and directing that the City and Developer enter into a development agreement detailing
conditions of approval; applicable development standards; phasing of development; and other agreeable
requirements.
WHEREAS, City approved modifications (MOD #002-15) to Hearing Examiner's Decision (CL3 #003-
13) increasing driveway widths by one to five feet and reducing the number of buildings from 11 to 10
buildings.
Now, therefore, the parties hereto agree as follows:
General Provisions
Section 1. The Project. The Project is the proposed development of residential mini-storage complex on
approximately 3.15 acres with ten (10) buildings. The Project is located at 8102 and 8104 West Nob
Hill Boulevard, Yakima, WA. Project and land use decision are more particular set forth in Hearing
Examiner Decision (CL3 #003-13) dated February 10, 2014. Hearing Examiner's Decision was
modified by Administrative Decision dated January 30, 2015, such decision reducing the number of
buildings from 11 to 10 and increasing driveway widths. MOD #002-15).
Section 2. The Subject Property. The Project site is legally described in Exhibit A, attached hereto and
incorporated herein by this reference.
Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as
required by RCW 36.70B.200.
b) "Certificate of occupancy" means either a certificate issued after inspections by the City authorizing
a person(s) in possession of property to use the specified mini-storage buildings and associated
improvements or the final inspection if a formal certificate is not issued.
c) "Council" means the duly elected legislative body governing the City of Yakima.
d) "Design Guidelines" means the development standards as adopted by the City.
e) "Director" means the City's Community Development Director.
f) "Effective Date" means the effective date of the Adopting Ordinance.
g) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Yakima in
effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land,
the density and intensity of use, and the design, improvement, construction standards and specifications
applicable to the development of the Subject Property, including, but not limited to the Comprehensive
Plan, the City's Official Zoning Map and development standards, the Design Manual, the Public Works
Standards, SEPA, Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the
City establishing subdivision standards, park regulations, building standards. Existing Land Use
Regulation does not include non-land use regulations, which includes taxes and impact fees.
h) "Landowner" is the owner of the Property or any other party who has acquired an interest in Property
and who, unless otherwise released as provided in this Agreement, shall be subject to the applicable
provisions of this Agreement.
i) "Project" means the anticipated development of the Property as specified in Section 1 and otherwise
authorized by Hearing Examiner Decision and referenced administrative modification.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal description of the Property.
b) Exhibit B — Site Plan for Development.
c) Exhibit C — Hearing Examiner Decision (CL3 #003-13) as modified by Administrative
Modification (MOD #002-15)
d) Exhibit D YMC Title 12 — Development Standards
e) Exhibit E YMC Title 15 — Yakima Urban Area Zoning Ordinance
f) Exhibit F — YMC Title 14— Subdivision
g) Exhibit G — YMC Ch. 10.05 — Fire Code
h) Exhibit H — Determination of Nonsignificance (DNS) issued on December 30, 2013
Section 5. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Yakima, 129 North 2' Street, Yakima, Washington 98901.
b) The "Developer" is Storage Investments, LLC, the owner of the Property, and whose principal office
is located at 410 Aeroview Rd, Yakima, WA 98908.
c) The "Landowner" or "Owner" of the Property is currently Storage Investments, LLC. The Owner
may sell or otherwise transfer all or a portion of the Property to a subsequent owner who, unless
otherwise released, shall be subject to and benefitted by the applicable provisions of this Development
Agreement related to such portion of the Subject Property.
Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private
development and that the City has no interest therein except as authorized in the exercise of its
governmental functions.
Section 7. Term ofAgreement. This Agreement shall commence upon the effective date of the Adopting
Ordinance approving this Agreement, and shall continue in force for a period of 20 years unless extended
or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner
terminated, this Agreement shall have no force and effect, subject however, to post-teiniination
obligations of the Developer or Landowner.
Section 8. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in
accordance with the terms hereof, in developing the Subject Property consistent with the Project
described herein, Developer is assured, and the City agrees, that the development rights, obligations,
terms and conditions specified in this Agreement, are fully vested in the Developer (and its successors
and assitn s) and may not be changed or modified by the City, except as may be expressly permitted by,
and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as
expressly consented thereto by the Developer. Notwithstanding the above, the parties expressly agree
that the following development standards are exempt from this vesting provision and that the City shall
have the right to require the Developer to comply with development standards, as now existing or as
hereafter amended, in the following: storm water regulations and standards, sanitary sewer regulations
and standards and building codes. The parties agree that Developer's submission of a complete
application for a building permit shall only vest the Developer to the building codes in Title 11 YMC in
effect at the time of submission of the complete application for a building permit for the structure(s)
subject to such permit.
Developer is specifically vested to the following ordinances and determinations:
• YMC Title 12 — Development Standards
• YMC Title 15 — Yakima Urban Area Zoning Ordinance
• YMC Title 14 - Subdivision
• Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD
#002-15)
• Determination of Nonsiyi ificance (DNS) issued on December 30, 2013
Section 9. Permitted Uses and Development Standards. The permitted uses, the density and intensity
of use, the maximum height and size of proposed buildings, provisions for reservation and dedication
of land or payment of fees in lieu of dedication for public purposes, the construction, installation and
extension of public improvements, development guidelines and standards for development of the
Property shall be those set forth in this Agreement and as directed in Hearing Examiner's Decision as
administratively modified.
Section 10. Development Conditions and Requirements. The development of the Project is subject
to applicable provisions of Urban Area Zoning Ordinance, building code and fire code as well as the
following conditions imposed by Hearing Examiner Decision:
A. Developer shall provide one of the following site screening options for each of the
three sides of the proposed complex with the selected option shown on a revised site plan (and
described in detail in either a landscaping plan or a site screening plan or a combination of both)
in a manner acceptable to the Planning Division:
1. North property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings
II," "K," "I" and "J" to provide an enclosed compound as suggested in the
applicant's narrative, 2) provide site screening "A" along the north property line,
and 3) provide a decorative facade along the backs of the buildings and roof which
shields these metal features from the view of the abutting residential uses; or
b. Provide a six-foot high decorative masonry, stone, or stucco wall along the
north property line, and 2) install a decorative facade along the back and sides of
the proposed mini-storage building shielding the metal features from view of the
abutting residential uses; or
c. Install a dense vegetative screen made of arborvitae or other evergreen plants
which obscures the mini-storage units from view of the abutting residential uses;
or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
two mini-storage buildings promptly after they are completed and which are
allowed to grow to a height that obscures the wall of the buildings from view
of the abutting residential uses, and include plantings acceptable to the
Planning Division in the 10-foot-wide landscape rock drainage swale prior
to approval of the building permit for the final building or promptly upon
the extension and improvement of Nob Hill Boulevard to City standards
along the site if that occurs prior to issuance of the final building permit.
2. South property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I" and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the property line, and 2) install a decorative facade along the backs and
sides of the proposed mini-storage building shielding the metal features from
view of the abutting residential uses; or
c. 1) Install a six-foot high view obscuring fence meeting site screening
"C", and 2) Install additional vegetation to create a dense vegetative screen
made of arborvitae or other evergreen plants which obscures the backs of the
mini-storage units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the mini-
storage building promptly after it is completed and which are allowed to grow
to a height that obscures the wall of the building from view of the abutting
residential uses.
3. West property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "I1," "K," "I," and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the property line, and 2) install a decorative facade along the backs and sides
of the proposed mini-storage building shielding the metal features from view of
the abutting residential uses; or
c. 1) Install a 6-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen made of
arborvitae or other evergreen plants which obscures the backs of the mini-storage
units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the mini-
storage building promptly after it is completed and which are allowed to grow to
a height that obscures the wall of the building from view of the abutting residential
uses.
B. In the event that false windows are used, they shall be incorporated with a black
background rather than traditional white, and a lighting plan detailing the lighting that will be
utilized in a manner acceptable to the Planning Division shall be submitted.
C. In the event the temporary vehicle storage is still sought, the vehicle storage shall
only be allowed upon paved portions of the proposed mini-storage development.
D. Access to the kiosk for the facility may be allowed 24 hours per day every day
of the week. Access to the storage units themselves may only be allowed during hours prescribed
by the owner that are between 7 a.m. and 8 p.m. every day of the week.
E. Complete stormwater design plans, specifications and runoff/storage
calculations supporting the stormwater design are required pursuant to the Eastern
Washington Stormwater Manual and City of Yakima standards. A stormwater site plan shall
be submitted to the City of Yakima Surface Water Engineer prior to permit issuance.
F.Prior to permit issuance, the applicant shall revise the submitted site plan to correctly
incorporate all required Title 12 development and fire access requirements which include
without limitation curb, gutter, sidewalk, street lighting, the required type of pavement for the
fire access lane and the required or agreed type of sitescreening for the facility.
G. Prior to permit issuance the applicant shall dedicate the required right-of-way for
Nob Hill Boulevard and South 80 Avenue to the City of Yakima as directed by the City of
Yakima Engineering Division.
H. The project may be developed in phases to be completed within seven (7) years
from the date of this Agreement.
Section 11. Minor Modifications. Minor modifications from the approved permits or the exhibits
attached hereto may be approved in accordance with the provisions of the City's code, and shall not
require an amendment to this Agreement.
Section 12. Further Discretionary Actions. Developer acknowledges that the Existing Land Use
Regulations contemplate the potential exercise of ordinance powers by the City. These powers include,
but are not limited to, review of additional permit applications under SEPA. The exercise of such
authority shall be subject to the terms and conditions of this Agreement, including but not limited to
vesting provisions.
Section 13. Public Facilities and Dedications.
Developer acknowledges and agrees that, prior to issuance of a certificate of occupancy for the proposed
residential mini-storage buildings, it shall dedicate right-of-way for Nob Hill Boulevard and South 80th
Avenue. Such dedication shall be determined by City in accordance with applicable law.
Section 14. Existing Land Use Fees and Impact Fees.
A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be
increased by the City from time to time, and applicable to permits and approvals for the Subject Property,
as long as such fees apply to similar applications and projects in the City.
B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in the
Yakima Municipal Code.
Section 15. Phasing of Development. The parties acknowledge that the most efficient and economic
development of the Subject Property depends upon numerous factors, such as market orientation and
demand, interest rates, competition and similar factors, and that generally it will be most economically
beneficial to the ultimate purchasers of the Subject Property to have the rate of development determined
by the Developer. However, the parties also acknowledge that because the Development will be phased,
certain amenities associated with the Project must be available to all phases of the Project, in order to
address health, safety and welfare of the residents. Therefore, the parties agree that the improvements
associated with the Project shall be constructed according to the following schedule:
A. Street Improvements.
B. Potable Water and Fire Flow Facilities.
C. Sewer Facilities.
D. Utilities.
Section 16. Default.
A. Subject to extensions of time by mutual consent in writing, failure or delay by either party or
Landowner not released from this Agreement, to perform any term or provision of this Agreement shall
constitute a default. In the event of alleged default or breach of any terms or conditions of this
Agreement, the party alleging such default or breach shall give the other party or Landowner not less
than thirty (30) days' notice in writing, specifying the nature of the alleged default and the manner in
which said default may be cured. During this thirty (30) day period, the party or Landowner charged
shall not be considered in default for purposes of termination or institution of legal proceedings.
B. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not
being diligently cured in the manner set forth in the notice, the other party or Landowner to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the
City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as
provided in the Yakima Municipal Code for violations of this Development Agreement and the Code.
Section 17. Termination. This Agreement shall expire and/or terminate as provided below:
A. This Agreement shall expire and be of no further force and effect if the development
contemplated in this Agreement and all of the permits and/or approvals issued by the City for such
development are not substantially underway prior to expiration of the term period specified herein. The
term of this Agreement may be extended upon showing the market, economic or other similar conditions
made such development unfeasible during such period. Any extension shall be approved by City subject
to the exercise of its due discretion.
B. This Agreement shall terminate upon the expiration of the term identified in Section 7 or
when the Subject Property has been fully developed, which ever first occurs, and all of the Developer's
obligations in connection therewith are satisfied as determined by the City. Upon termination of this
Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney
that the Agreement has been terminated.
C. This Agreement shall expire and be of no further force and effect if the Developer does not
construct the Project as contemplated by the permits and approvals identified in this Agreement, and
submits applications for development of the Property that are inconsistent with such permits and
approvals.
D. Developer or Owner may terminate this Agreement and any development rights established
by Hearing Examiner Decision in the exercise of its sole discretion. Upon the exercise of such election,
City shall execute and record notice of such termination upon form acceptable to City Attorney and
Owner.
Section 18. Effect upon Termination on Developer Obligations. Termination of this Agreement shall
terminate all rights and obligations to develop the Property as authorized by Hearing Examiner Decision
or this Agreement. .
Section 19. Effects upon Termination on City. Upon any termination of this Agreement as to the
Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development,
limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby
with respect to the property affected by such termination (provided that vesting of such entitlements,
conditions or fees may then be established for such property pursuant to the existing planning and zoning
laws).
Section 20. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer
this Agreement with all their rights, title and interests therein to any person, firm or corporation at any
time during the term of this Agreement.
Section 21. Covenants Running with the Land. The conditions and covenants set forth in this
Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens
shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser,
assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated
and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a
party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or
transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the
duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain
to the portion of the Subject Property sold, assigned or transferred to it.
Section 22. endment to Agreement; Effect of Agreement on Future Actions. This Agreement
may be amended by mutual consent of all of the parties, provided that any such amendment shall follow
the process established by law for the adoption of a development agreement (see, RCW 36.70B.200).
City reserves authority to impose new or different regulations required by a serious threat to public
health or safety. .
Section 23. Releases. Developer, and any subsequent Landowner, may free itself from further
obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or
transferee expressly assumes the obligations under this Agreement as provided herein.
Section 24. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently
given if dispatched by pre-paid first-class mail to the addresses of the parties as designated in Section 5.
Notice to the City shall be to the attention of both the City Manager and the City Attorney. Notices to
subsequent Landowners shall be required to be given by the City only for those Landowners who have
given the City written notice of their address for such notice. The parties hereto may, from time to time,
advise the other of new addresses for such notices, demands or correspondence.
Section 25. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the
City for actual expenses incurred over and above fees paid by Developer as an applicant incurred by
City directly relating to this Agreement, including recording fees and publishing fees. Upon payment of
all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees
shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement of
charges to the Developer.
Section 26. Applicable Law and Attorneys' Fees. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. Venue for any action shall lie in Yakima County
Superior Court. If litigation is initiated to enforce the terms of this Agreement, each party shall be
responsible for payment of its own attorneys' fees and costs.
Section 27. Third Party Legal Challenge. In the event any legal action or special proceeding is
commenced by any person or entity other than a party or a Landowner to challenge this Agreement or
any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the
lawsuit to Developer and/or Landowner(s). hi such event, Developer and/or such Landowners shall hold
the City harmless from and defend the City from all costs and expenses incurred in the defense of such
lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of
litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer
and/or Landowner shall not settle any lawsuit without the consent of the City. The City shall act in good
faith and shall not unreasonably withhold consent to settle.
Section 28. Specific Performance. The parties specifically agree that damages are not an adequate
remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of
all material terms of this Development Agreement by any party in default hereof.
Section 29. Severability. If any phrase, provision or section of this Agreement is determined by a court
of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is
rendered invalid or unenforceable according to the terms of any statute of the State of Washington which
became effective after the effective date of the ordinance adopting this Development Agreement, and
either party in good faith determines that such provision or provisions are material to its entering into
this Agreement, that party may elect to terminate this Agreement as to all of its obligations remaining
unperformed.
Exhibit A
Parcel A: Parcel Number: 181330-41001
The North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township
13 North, ' . ge 18 EWM;
Except the North 8.5 feet for road;
And Except the West 263.7 feet thereof;
And Except the right of way for road along the East line thereof.
Situated in Yakima County, State of Washington.
Commonly known as 8102 W NOB HILL BLVD, Yakima, Washington 98908
Parcel B: Parcel Number: 181330-41002
The East 64 feet of the following-described property:
That portion of the North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of
Section 30, Township 13 North, ' . I ge 18 EWM, described as follows:
Beginning at a point 397 feet West of the Northeast corner of said subdivision;
Thence West along the North line thereof 263.7 feet, more or less, to the Northwest corner of said subdivision;
Thence South along the West line of said subdivision 330.4 feet, more or less, to the Southwest corner of said
subdivision;
Thence East along the South line 263.7 feet;
Thence North 0°28' East 330.4 feet to the point of beginning.
Situated in Yakima County, State of Washington.
Commonly known as 8104 W NOB HILL BLVD, Yakima, Washington 98908
[end of Exhibit A]
Exhibit B
Development Site Plan is on file with the City of Yakima Planning Department and is referenced and
located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification
(MOD #002-15).
[end of Exhibit B]
Exhibit C
Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-
15) is on file with the City of Yakima Planning Department and is referenced and located under CL3
#003-13 and MOD #002-15.
[end of Exhibit C]
El I:ITSD,E,F,G,&H
Exhibit D — YMC Title 12 — Development Standards, Exhibit E — YMC Title 15 — Yakima Urban
Area Zoning Ordinance, Exhibit F — YMC Title 14 — Subdivision, Exhibit G — YMC Ch. 10.05 —
Fire Code, and Exhibit H — Determination of NonSignificance (DNS) issued on December 30,
2013, are on file with the City of Yakima Planning Department.
[end of Exhibits D — H]
0 E' I EVELOPER:
STORAGE ST I NTS, EEC
B y
ere 1W4PH onovan Member
I certify that I know or have satisfactory evidence that TERESA DONOVAN is
the person w h o appeared b e f o r e me, a n d said person acknowledged t h a t she sit led this instrument,
on oath stated that she was authorized to execute the instrument and acknowledged it as a Member
of STORAGE INVESTMENTS, LLC to be the free and voluntary act of such party for the uses
and purposes mentioned in this instrument.
Dated:
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STATE OF WASHINGTON)
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County of Yakima )
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
0 • I EVELOPER:
ST() ' • GE. I ST NTS, LLC
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B
David Hoeger, N4-4, ber
I certify that I know or have satisfactory evidence that DAVID HOEGER is the
person who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as a Member of
STORAGE INVESTMENTS, LLC to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
Dated: Og - IIOVVP
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STATE OF WASHINGTON)
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County of Yakima )
CITY OF Y • :
By:
Cliff Moore, City Manager
ATTEST:
By
Sonya Claar Tee, City Clerk
STATE OF WASHINGTON )
) ss.
County of Yakima
I certify that I know or have satisfactory evidence that CLIFF MOORE is the person who ap # -
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as City Manager for the CITY OF
YAKINIA to be the free and voluntary act of such party for the uses and purposes mentioned in
this instrument
Dated:
NOT A ' Y PUBLIC
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
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County of Y.
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NOTIFICATION OF HEARING E . INEWS DECISION
February 10, 2014
On Feb : 6, 2014 the City of Yakima He: ' g Ex: iner rendered his decision on CL3#003-
13, ADJA06-13 (SEPANO20-13). The application submitted by David Hoeger is a land use
approval request for a residential mini-storage facility at 8102 West Nob Hill Blvd, Yakima,
WA. The application was reviewed at an open record public hearing held on January 23, 2014.
Enclosed is a copy of the Hearing Ex: iner's Findings and Decision. Any part of the H : ' g
Ex. iner's decision may be appealed to the Yakima City Council. Appeals shall be filed within
fo - - n (14) days following the date of mailing of this notice and shall be in writing on forms
provided by the PI: . ng Division. The appeal fee of $340 must accompany the appeal
application.
For • er information or assi : ce you may contact Jeff Peters, Supervising Pl: er at (509)
575 or e jefflpet - eyakiinawa.gov
Jeff Peters
Su* 'sing PI ter
ate of Mailing: Feb : 10, 2014
Enclosures: He: ' g Ex, 'ner's Decision
vat..
.., .7 •
OM NMI
+ r
RECEIVED
City of Yakima, Washington
Hearing Examiner's Decision FEB 0 6 2014
CITY OF YAKIMA
February 6, 2014 PLANNING DIV.
In the Matter of Application for a Class )
(3) Use and an Administrative
Adjustment Submitted by: ) CL3 #003-13
) ADJ #006-13
David Hoeger ) SEPA #020-13
)
For a Residential Mini-Storage Facility )
At 8102 W. Nob Hill Blvd. in the B-2 Zone )
A. Introduction. The introductory findings relative to the hearing process for this
application are as follows:
(1) The comprehensive 19-page staff report presented by Supervising Planner Jeff
Peters recommended approval of the application subject to conditions. (Exhibit A-1).
(2) Testimony in favor of the application was presented by David Hoeger, Teresa
Donovan, Bill Hordan and Wayne Parsley. (Exhibit F-8). Letters favoring a residential
mini-storage facility at the proposed location were submitted by John M. Iasella, John H.
(Jack) Stewart, Steven T. Kitts, Tim Sattler, Thia Spearing, Patty Pruiett and Elizabeth
Gehisen. (Exhibits G-1 to G-7).
(3) No other testimony and no other written comments from the public were
presented at the 3-hour-long hearing. This decision has been issued within ten business
days of the Ir ing.
B. Summary of Decision. The He g Ex. iner approves this application subject to
conditions.
David Hoeger 1
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
C. Basis for Decision. Based upon the Hearing Ex. iner's view of the site with no one
else present on January 20, 2014; his consideration of the staff report, exhibits, testimony
and other evidence presented at the open record public hearing on January 23, 2014; and
his review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban
Area Zoning Ordinance; the Hearing Examiner makes the following: RECEIVED
FINDINGS FEB 0 6 2014
UITY OF YAKIMA
PLANNING DIV.
I. Property Owner/Applicant/Applicant's Representative. The property owner is
NEI Investors LLC, P.O. Box 821336, Vancouver, Washington 98682. The applicant is a
purchaser of the property, David Hoeger, 610 South 24 Avenue, Yakima, Washington
98902. The applicant's representative is Bill Hordan of Hordan Planning Services, 410
North Second Street, Yakima, Washington 98901. (Exhibit E-3).
II. Location. The location of the proposed residential mini-storage facility is 8102 West
Nob Hill Boulevard, Yakima, Washington. The Assessor's tax parcel numbers for the
site are 181330-41001 and 181330-41002. (Exhibit A-1, page 1).
III. Application. On September 30, 2013, the City's Department of Community and
Economic Development received an application for a Type 3, Administrative Adjustment
and State Environmental Policy Act Review. Processing was delayed until December 3,
2013, at the request of the applicant to submit a revised site plan with minor changes
which was received on November 26, 2013. The application requests approval to
construct a residential mini-storage complex containing about 55,800 square feet of
David Hoeger 2
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING 0111
building space in the B-2 Local Business zoning district on a 2.8-acre parcel. It also
requests an Administrative Adjustment of the building setback standard from an abutting
residential district from 20 feet to 5 feet for about 55 feet of the westernmost portion of
the southernmost building. The proposed residential mini-storage facility would have a
total of 550 storage units in 11 buildings to be built in 2 phases at the southwest corner of
South 80 Avenue and West Nob Hill Boulevard. (Exhibit A-1, pi. 1, Exhibits B-1, B-
2 and B-3; Exhibit E-3).
IV. Notices. Notices of the public hearing were provided in the following manner:
Mailing of hearing notice to property owners within 300 feet: December 3, 2013
Publishing of hearing notice in Yakima Herald-Republic: December 3, 2013
Posting of hearing notice on the property: December 5, 2013
(Exhibits F-3a, F-3b and F-3c; Exhibit F-4).
V. Environmental Review. The proposal is subject to review under the State
Environmental Policy Act because it exceeds the City's flexible threshold for SEPA set
forth in Section 6.88.070 of the Yakima Municipal Code. A Determination of Non-
significance (DNS) was issued on December 30, 2013. The appeal period for the DNS
expired on January 13, 2014, without an appeal being filed. (Exhibit F-5).
VI. Transportation Capacity Management Ordinance. Traffic Concurrency Review
which was completed on October 21, 2013, concluded that this development will not
exceed the PM peak hour capacity of the City's arterial street system and that reserve
capacity will exist on all impacted arterial streets. (Exhibit F-I).
David Hoeger 3
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY YAKIMA
PLANING i.
VII. tale 12 Development Standard& : ity of a i a Title 12 evel en t Standards
apply to this proposed development in a include the following:
(1) South t Avenue is classified as a Collector Arterial and is deficient in right-
of-way requiring 40 feet of t -of -way from centerline along this development.
(2) Nob Hill Boulevard is designated in the West Valley Neighborhood Plan as a
Minor Arterial and is c ntly deficient in right-of-way, requiring dedication of 40 feet
of right-of-way from the frontage of this development.
(3) Frontage improvements, sto water facilities and domestic water required y
C Title 12 Development Standards are required conditions of this development.
(4) The applicant's site plan identifies the appropriate ount of right-of-way to
be dedicated for both ob Hill Boulevard and South 80 Avenue. In addition, with the
exception of the required curb, gutter and sidewalk a down Nob Hill Boulevard and
street light installation, the applicant's site plan shows the required ont e improve-
ments and required . out of a icat right-of-way.
(Exhibit A -1, page 11).
VIII. Zoning a ses The zoning of e subject property is Local Business
(B-2) and the current land use is a single-family residence at will be a li e .
Properties adjacent to the subject property have the following characteristics:
Location Zoning Land Use
North B-2, L .1 Business Single-Family Homes
South -1, Single-Family Residential Single-Family Homes
South -2, Local Business Single-Family Ho es
West -1, Single-Family Residential Single-F. it o es
East R-3, Multi-F. . ily Residential Mobile Home Park
(Exhibit -1, page 10).
IX. Review Criteria for Class ( ses• The findings and conclusions of the Hearing
David Hoeger
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003 -13; ADI 6 -13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
Examiner are required to set forth specific reasons and ordinance provisions demon-
strating that his decision satisfies the following requirements set forth in C
15.04.020(C) and 15.15.040(E) of the Yakima Urban Area Zoning Ordinance which is
Title 15 of the Yakima Municipal Code ( C):
(1) Compliance and Compatibility with the Objectives and Development
Criteria of the Comprehensive Plan. The 2006 Yakima Urban Area Comprehensive
Plan designates the subject property as Neighborhood Commercial. Page 111-14 thereof
describes the intended uses for this designation as small scale, neighborhood convenience
commercial uses and services primarily for residences of the adjacent neighborhood. The
proposed residential mini-storage facility would be compliant and compatible with the
following Comprehensive Plan goals and policies which are intended to guide
development decisions:
GOAL 3.8: Make commercial areas a desirable place to work and shop.
Policies:
3.8.2: Allow and encourage transitional uses or development, such as office,
ily or buffer areas, such as open spaces.
3.8.3: Avoid placing land uses that create excessive noise, unless the noise
level can be mitigated, in locations that are close to residences or other noise-
sensitive land uses.
GOAL 3.12: Provide small scale, neighborhood convenience commercial uses
and services, primarily serving residents of adjacent neighborhoods.
Policies:
3.12.1: A Neighborhood Commercial center will provide land uses for
businesses such as grocery stores, convenience stores, drug stores, restaurants
and small retail stores.
3.12.2: The typical size of a Neighborhood Commercial development is three
to ten acres and serves a population of 3,000 - 40,000 people.
David Hoeger 5
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
OF YAKIMA
PLANNING DIV
3.12.3: Neighborhood Co ercial uses shall be located at the intersection of a
principal arterial, minor arterial or collector arterial.
3.12.4: Neighborhood Commercial may be allowed when water and sewer
service, street improvements, traffic control devices, municipal services and
other development-related improvements are in place.
3.12.7: Neighborhood Commercial uses shall be located in areas that will
enhance, rather than hinder, the stability of residential areas.
(Exhibit A-1, pages 11, 16 and 17).
(2) Compliance and Compatibility with the Intent and Character of the Local
Business (B Zoning District. The proposal is also compliant and compatible with the
intent and ch, , cter of the B-2 zoning district expressed in C 15.03.020(F) to provide
areas for commercial activities that meet the small retail shopping and service needs of
the community and accommodate small-scale commercial uses that need a higher level of
visibility and easy access to major arterials. (Exhibit A page 9).
(3) Compliance with the Provisions Established in the Zoning Ordinance.
Standards noted as a result of the Development Services Team meeting held for this
proposal on November 12, 2013 are as follows:
(a) Codes comments were as follows:
(i) Since the main entrance to the proposed mini-storage unit is
from 80 Avenue, the proposed address for this project is 1102
South 80 Avenue.
(ii) The applicant shall show an additional fire hydrant installed in
a location approved by the City of Yakima Fire Department prior
to approval of the final site plan.
(b) Engineering comments were as follows:
David Hoeger 6
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
(i) This development is subject to Title 12 development standards
which include, but are not limited to, YMC Chapters 12.01, 12.02,
12.03, 12.04, 12.05, 12.06 and 8.64.
(ii) Curb, gutter and sidewalk are required to be constructed along
80 Avenue in accordance with YMC Chapters 12.05 and 12.06.
(iii) South 80 Avenue is classified as a Collector Arterial requiring
40 feet of right-of-way from centerline on this development's side of
the street.
(iv) Nob Hill Boulevard is designated in the West Valley
Neighborhood Plan as a Minor Arterial which is currently deficient
in right-of-way, and requires dedication of 40 feet of right-of-way
from the frontage of this development (depicted on the applicant's
November 26, 2013, site plan).
(v) Upon approval of this development, the applicant shall submit
engineering plans which meet the design standards of C
12.06.030 for Collector Arterials, for the construction of 80 Avenue
which includes road improvements and curb, gutter and sidewalk
that will be ed to meet the future alignment and dedicated width
of Nob Hill Boulevard.
(vi) A streetlight will need to be installed in an approved location at
the corner of 80 Avenue and Nob Hill Boulevard.
(vii) All proposed driveways shall be constructed per C Chapter
8.64 and the City of Yakima Standard Detail R4-Driveway
Approaches.
(c) Sto water comments were as follows:
(i) As this project involves clearing or grading one acre or more, a
Sto ' water Site Plan shall be required from the applicant.
(ii) Grading and/or building permits shall not be issued without an
approved Stormwater Site Plan.
(iii) Complete stormwater design plans, specifications, and runoff/
storage calculations supporting the stormwater design are required
David Hoeger 7
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
pursuant to the Eastern Washington Stormwater Manual and City of
Yakima standards. These plans and control measures must be
completed by a licensed Professional Engineer prior to construction.
(iv) UIC Registration — Stormwater: In accordance with Chapter 2
Section 24 of the December 2006 edition of the Department of
Ecology's Guidance for UIC Wells that Manage Stormwater,
Publication Number 05-10-067, Underground Injection Control
(UIC) wells constructed on or after February 3, 2006, are considered
new and must be registered with the Dep. ent of Ecology (DOE)
prior to construction. Therefore, if UIC wells are used in the
drainage design, the UIC wells must be registered with DOE and a
copy of the DOE UIC well registration form with a Professional
Engineer's stamp and signature for each well shall be delivered to
the City's Surface Water Engineer prior to permit issuance.
(d) Water comments were to the effect that this area lies within the service
area of Nob Hill Water.
(
be extended eW in as to t these m e two comments w
l sb e t the effect
there e that no e ot san t e a r is ry ra n c o i t required it e d
i e q s u i a n t y o
kind in this development.
(f) Streets and Traffic comments were to the effect that there are no specif-
ic traffic issues and that frontage improvements are required per the Engineering
Department's direction.
(Exhibit A-1, pages 3-4; Exhibits D-1 to D-9).
(4) Compliance with the Standards Established in the Zoning Ordinance. The
standards established in the zoning ordinance that are applicable to the proposed mini-
storage facility are as follows:
(a) Structure Setbacks: YMC 15.05.020(D) states that structure setbacks
are the minimum structure setbacks p u itted with Type (1) Review. In the
commercial districts, building setbacks provide visual cle: . ce along streets and
a :s for sitescreening and landscaping. Table 5-1 in C Chapter 15.05
specifies the following front, side and rear setbacks in the B-2 zoning district:
David Hoeger 8
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV,
(i) Front yard from a Collector Arterial street: 30 feet from the
centerline of the abutting street.
(ii) Rear yard from an abutting residential district: 20 feet from the
property line.
(iii) Side yard from an abutting residential district: 20 feet from the
property line.
(iv) Side yard setback from Min nr Arterial: 30 feet from centerline
of abutting street.
(b) M m Lot Coverage: YMC 15.05.020(C) states that maximum lot
coverage is the percentage of net land area of a site that can be covered with
structures and other impervious surfaces. In the commercial districts, maximum
lot coverage requirements are intended to promote development consistent with
the character of the district, protect setbacks and provide the opportunity to
integrate open space and landscaping plans into the design and placement of
structures and off-street parking. Table 5-1 in C Chapter 15.05 states that the
maximum lot coverage in the B-2 zone is 80%.
(c) M *m Building Height: YMC 15.05.020(F) states that maximum
building height is intended to maintain building heights compatible with the
character and intent of the district. The maximum building height in the B-2
zoning district is 35 feet.
(d) Street Right-of-Way Dedication: C 15.05.050 states that all new
development shall dedicate, where necessary, street right-of-way in conformance
with the standards in the County/City Subdivision Ordinance and the Arterial
Street Plan adopted in the Yakima Urban Area Comprehensive Plan.
(e) Parking Lots: C 15.06.100 states that lighting shall be provided to
ill inate any off-street parking or loading space used at night. When provided,
lighting shall be directed to reflect away from adjacent and abutting properties.
C 15.06.110(A) provides that all off-street parking lots or vehicle storage areas
having a capacity of three or more vehicles shall be paved with two-inch-thick
asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to
the administrative official.
David Hoeger 9
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY Of YAKIMA
PLANNING DIV.
(f) Sitesereening: The purpose of C Chapter 15.07 is to establish site
screening standards to provide a visual buffer between uses of different intensity,
streets and structures; reduce erosion and storm water runoff; protect property
values; and eliminate potential land use conflicts by mitigating adverse impacts
from dust, odor, litter, noise, glare, lights, signs, water run-off, buildings or
parking areas. Provisions in C Chapter 15.07 provide the following site
screening standards for the proposed development within the B-2 zoning district
based upon the existing surrounding uses and the proposed use:
(i) North and east sides: sitescreening standard "A" consist" of a
10-foot-wide landscaped planting strip with trees at 20-foot to 30-
foot centers, which includes shrubs and groundcover (per C
15.07.060 entitled "Sitescreening along streets").
(ii) out and west sides: sitescre,ening standard "C" consisting of a
6400t-high, view-obscuring fence, made of wood, masonry block,
concrete, or slatted chain link material. (Table 7-1, including the
Residential Mini-Storage example).
(g) Additional or Incre. t Development Standards: YMC 15.10.030,
C 15.04.020(C), C 15.15.040(E) and C 15.02,020 provide that
additional or increased development standards may be required to insure or
promote compatibility with neighboring land uses and Comprehensive Plan
policies and to adequately resolve difficulties related thereto.
(Exhibit A-1, pages 5-6).
X. Whether the Review Criteria for Class 3 Uses Allow a Modified Sitese .nin
Standard to be Required to Promote the Compatibility of the Proposed Facility .
The applicant and Planning Division disagree as to what type of sitescreening should be
required along three sides of the proposed mini-storage facility. The findings relative to
this dis. - ement are as follows:
David Haeger 10
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(1) Sitescreening Options Recommended by the Planning Division. The site-
screening options recommended by the Planning Division were intended to allow a
choice between several sitescreening alternatives that exceed the sitescreening standards
prescribed by YMC Chapter 15.07 to be required in order to promote the compatibility
requirement for the proposed mini-storage use. The options are described as follows in
the Planning Division's recommended conditions of approval:
A. North property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H, K, I, and J" to provide an enclosed compound as
suggested in the applicants n. ative, 2) provide site screening "A"
along the N. property line, and 3) provide a decorative facade along the
backs of the buildings and roof which shields these metal features from
the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the N. property line, and 2) install a decorative facade along the
back and sides of the proposed mini-storage building shielding the metal
features from view of the abutting residential uses; or
c. Install a dense vegetative screen made of arborvitae or other evergreen
plants which obscures the mini-storage units from view of the abutting
residential uses.
13. South property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H, K, I, and J" to provide an enclosed compound as
suggested in the applicants narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal
features from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the property line, and 2) install a decorative facade along the
David Hoeger 11
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
backs and sides of the proposed mini-storage building shielding the
metal features from view of the abutting residential uses; or
c. 1) Install a 6-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen
made of arborvitae or other evergreen plants which obscures the backs
of the mini-storage units from view of the abutting residential uses.
C. West property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H, K, I, and J" to provide an enclosed compound as
suggested in the applicants n, ative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal
features from the view of the abutting residential uses; or
b. Provide a six-foot high decorative masonry, stone, or stucco wall along
the property line, and 2) install a decorative facade along the backs and
. Install a 6-foot of the high phosehdvic'wni-csbtosrcaugrienbg fence meeting m site in
shielding the
v
features
view of the abutting residential uses; or
c
and 2) Install additional vegetation to create a dense vegetative screen
made of arborvitae or other evergreen plants which obscures the backs
of the mini-storage units from view of the abutting residential uses.
(Exhibit A pages 18
(2) Planning Division's Authority for Recommending Sitescreening Options.
The Planning Division cited the following authority for requiring its recommended
sitescreening options:
(a) Class (3) use review criteria set forth in C 15.04.020(C) authorize
the H- g Examiner to approve, deny or impose conditions on the proposed land
use and site improvements to promote compatibility with the intent and character
of the district and the policies and development criteria of the Yakima Urban Area
Comprehensive Plan.
David Hoeger 12
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(b) Class (3) use review criteria set forth in C 15.15.040(E) provide in
part that the Hearing Ex. iner's findings shall demonstrate that the decision
complies with the objectives of the Yakima Urban Area Comprehensive Plan.
(c) The definition of a Class (3) use in C 15.02.020 states in pertinent
part that such uses are generally incompatible with adjacent and abutting property
because of their size, neighborhood character or for other reasons, but that they
may be compatible with other uses in the district if they are properly sited and
designed and may be permitted by the Hearing Examiner when he determines that
difficulties related to the compatibility and the Yakima Urban Area Comprehen-
sive Plan policies have been adequately resolved.
(d) Compatibility is defined in C 15.02.020 as meaning the character-
istics of different uses or developments that permit them to be located near each
other in h. ony, with or without special mitigation measures.
(e) C 15.10.030 entitled "Special Conditions of Approval Authorized"
states that the development standards and other conditions for approval specified
in this Title are not a limitation on the authority of a reviewing official to impose
additional or greater requirements as conditions of approval on any use,
development or modification being reviewed. Except as otherwise expressly
provided, any reviewing official may impose conditions to:
(i) Accomplish the objective and intent of any development stan-
dard or criteria for approval set forth in this Title;
(ii) Mitigate any identified specific or general negative impacts of
the development, whether environmental or otherwise;
(iii) Insure compatibility of the development with existing neigh-
boring land uses;
(iv) Assure consistency with the intent and character of the zoning
district involved; or
(v) Achieve and further the expressed intent, goals, objectives, and
policies of the Yakima Urban Area Comprehensive Plan and the
Yakima Urban Area Zoning Ordinance.
David Hoeger 13
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
(f) The Planning Division's position is that the recommended sitescreening
options must be implemented in order for the proposed mini-storage facility to
comply with the following Comprehensive Plan policies:
(i) Policy 3.8.1: Commercial uses and developments should be
designed to be compatible with surrounding land uses, especially to
avoid encroachment into residential areas.
(ii) Policy 3.8.5: Ensure compatibility between commercial struc-
tures and adjoining residential uses. Require commercial structures
to use building scale, roof style, and building materials similar to, or
compatible with, the adjoining residential structures.
(iii) Policy 3.8.6: Commercial uses adjacent to residential areas
should use effective landscape buffers with living plant vegetation
such as evergreen trees, bushes, open space or other design controls
to minimize noise, glare, and other impacts associated with
commercial land use to ensure that their location will not adversely
affect the residential areas.
(iv) Policy 3.12.5: Adequate buffering shall be provided between
adjacent residential land uses.
(v) Policy 3.12.8: The predominant uses of Neighborhood
Commercial shall be small-scale business that will not have
significant adverse impacts on adjacent neighborhoods.
(g) The Pl. ing Division recommends that absent sitescreening in
accordance with the options it describes, the application should be denied.
(Exhibit A-), pages 4, 5, 7, 9, 10, 12, 16 and 17).
(3) Applicant's Arguments in Opposition to Planning Division's Recom-
mended Sitescreening Options. The applicant opposed the Planning Division's
recommended sitescreening options as strenuously as the Planning Division
recommended them. The applicant's contentions may be summarized as follows:
David Hoeger 14
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003 -13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
(a) The purpose and design of the proposed mini-storage facility is
compatible with the area. The business model for the proposed facility is to take
care of people. The applicant worked hard with Mr. Peters to revise the site plan
and talked with most neighbors. The neighbors approve. There will be little noise
and little traffic. The existing residence on the property will be demolished. The
number of proposed storage units was reduced in order to comply with the 20-foot
rear setback standard. There will be 11 separate buildings. (Exhibit B The
kiosk will be open 24/7 and the storage units themselves from 7 a.m. until R p.m
There are 17 security lights shown on the site plan. They will be mounted at a
height of about 10 to 12 feet and the lighting will be directed downward. (Exhibit
H The clock tower will have a height of about 22 feet and the rest of the
buildings a height of about 12 to 15 feet with roofs that will pitch to the outside.
There will be no office. Any temporary outdoor vehicle storage will be on the
requisite paved surface.
(b) The mobile home park across South 80 Avenue east of the proposed
site is not completely sitescreened with arborvitae. Arborvitae screening for the
north property line of the mobile home park is lacking in places along Nob Hill
Boulevard east of South 80 Avenue. (Exhibit H-I, 1 photo entitled "View SOUTH
on 80 Ave" and 2 photos entitled "EAST Mobile Home Park"). Arborvitae
screening for the west property line of the mobile home park along South 80
Avenue is also lacking in places south of the proposed site. (Exhibit H 1 photo
entitled "View NORTH on 80 Ave" and 5 photos entitled "EAST Mobile Home
Park"). The mobile home park is completely sitescreened with arborvitae directly
across South 80 Avenue to the east of the proposed site (Exhibit H 1 photo
entitled "EAST Mobile Home Park").
(c) The site plan showing a 10-foot-wide gravel/drain rock drainage swale
on the north side of the proposed facility along Nob Hill Boulevard would not
conflict with the landscaping plan for standard "A" sitescreening in that location
as indicated in the staff report. (Exhibit A page 13, item #1). The intent was to
provide in that area a 10-foot-wide area combining a gravel/drain rock drainage
swale with the standard "A" sitescreening described section 10 on page 6 of the
staff report. Examples of that type of standard "A" sitescreening exist in various
locations within the City of Yakima. (Exhibit H 12 photos entitled
"Combination landscaping/drainage example" and I photo entitled "Evergreen
sitescreening example'). Subsequently, at the hearing, the applicant proposed
David Hoeger 15
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
using sitescreening standard "B" without sitescreening "A" in that location even
though it will eventually be adjacent to Nob Hill Boulevard when that street is
extended westward from South 80 Avenue. Specifically, sitescreening standard
"B" would be used next to the back walls of buildings "H" and "K" on the north
side of the site which would be included in Phase 1 in addition to buildings "A,"
"B," "C" and "D." Standard "B" next to the back walls of the two buildings
would consist of a 3-foot-wide planting strip that will create a living evergreen
screen that is at least 6 feet in height within 3 years. There would be landscape
rock without any plantings in the 10-foot-wide drainage swale no of that
adjacent to the future extension of Nob Hill Boulevard. That sitescreening would
not immediately obscure the mini-storage units from view as recommended by the
Planning Division or include any sitescreening standard "A" plantings in the 10-
foot-wide landscape rock drainage swale. Such plantings are required by C
15.07.060 along a collector or local access street and are recommended by the
Planning Division in the landscape rock drainage swale that will someday be along
the future extension of Nob Hill Boulevard in this area. (Exhibit A-1, page 18,
subsection 2 (A)(c)).
(d) The applicant will provide sitescree g standard "A" on the east side
of the site along South 80 Avenue which is the prescribed standard for that
location and is acceptable to the PI: I ing Division with the decorative retail-type
facades there, the least amount of "mass" there, and the aesthetically pleasing
design of the buildings to that side. (Exhibit B-3,. Exhibit E-3, section B of
Class 3 Review Narrative).
(e) The appli t proposes to provide sitescreening standard "C" consist-
ing of slatted chain link fencing along the west and south property lines with
additional standard "B" sitescreening inside the fence along the west 70 or so feet
of the south property line where the building setback from the adjacent R-1 zoning
district would be 5 feet rather than 20 feet per the requested Administrative
Adjustment. The additional standard "B" sitescreening for that approximate 70
feet would consist of a 34bot-wide Ii g evergreen screen that would be at least 6
feet in. height within 3 ye (Exhibit B3 large site plans).
(f) There is no neighborhood objection to the proposed mini-storage
facility. Single-f ily residences are Class (3) uses in the Local Business (B-2)
David Hoeger 16
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
zoning district. The residence to the south of the proposed site is 220 feet from the
site. (Exhibit H 2 photos entitled "View SOUTH of Property").
(g) The proposed residential mini-storage facility will comply with all the
Comprehensive Plan policies. It will be compatible with surrounding land uses
per Policy 3.8.1, will have building materials similar to adjoining residential
structures per Policy 3.8.5 and will have effective and adequate buffering from
residential uses per Policy 3.8.6 and 3.12.5 as shown by 10 photographs of
surrounding buildings that have metal roofs and/or walls. (Exhibit H 10 photos,
3 entitled "SOUTH Neighbor," 2 entitled "WEST Neighbor," 2 entitled "NORTH
Neighbor," and 3 entitled "EAST Mobile Home Park"). It will not have
significant adverse impacts on adjacent neighborhoods as shown by 4 photographs
of commercial buildings at South 80 Avenue and Wide Hollow Road and 2
photographs of commercial buildings in the greater neighborhood. (Exhibit 11 4
photographs entitled "Neighboring Businesses," 1 photograph entitled ''Example
of metal used in commercial construction (HAPO)" and 1 photograph entitled
"Example of metal used in commercial construction (Walmart)').
(h) Phase 2 would be constructed as needed. It will take 2 years to
complete Phase 1 and an additional 5 years to complete Phase 2.
(4) Hearing Examiner's Findings Relative to Sitescreening Issues Presented
at the Hearing. The Hearing Examiner makes the following findings relative to the
sitescreening disagreements involved in this matter:
(a) The City Council adopted the City's zoning ordinance which classifies
residential mini-storage facilities as Class (3) uses in the Local Business (B-2)
zoning district. In adopting the zoning ordinance, it declared such Class (3) uses
to be generally incompatible with adjacent and abutting property because of their
size or other reasons. It further required that difficulties related to their
compatibility and Comprehensive Plan policies be adequately resolved before they
are approved. These provisions in the definition of Class (3) uses in C
15.02.020 create a presumption or an inference which requires an applicant to
adequately resolve difficulties that are related to compatibility or Comprehensive
Plan policies due to the size of a Class (3) use. Along the same lines, C
15.04.020(C) allows said uses to either be denied or conditioned to promote
David Hoeger 17
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
OF YAKIMA
PLANNING DIV
compatibility with the character of the district and Comprehensive Plan policies.
The definition of "compatibility" in C 15.02.020 also states that special
mitigation measures may be imposed. C 15.10.030 states that development
standards specified in the zoning ordinance are not a limitation on the authority of
a reviewing official to impose additional or greater requirements as conditions of
approval of any use or development. That section states that such additional or
greater requirements may be imposed to accomplish the intent of any development
standard, to mitigate any specific or general environmental or other negative
impacts of a development, to insure compatibility of the development with
existing neighboring land uses, and to further policies of the Comprehensive Plan.
(b) Even though the residences on nearby properties are generally of lower
quality construction and architectural design, their residents are entitled to the
s. e compatibility and Comprehensive Plan protections as residents of new
residences and owners of new commercial uses that will be constructed on the
nearby properties in the future.
(c) The size of the proposed facility raises at least a concern about its
compatibility with other uses nearby, especially existing or future new residential
uses which are now present or could be built in the future. The size of the solid
walls of the facility would be about 11 feet high and a total of 335 feet long on the
north, 275 feet long on the west and 350 feet long on the south. These type of
walls create a solid mass that are not broken up by the type of decorative facades
or design features which make the east side of the facility compatible with its
surroundings and with Comprehensive Plan policies through the use of standard
"A" sitescreening. A 10-foot-wide landscaped planting strip with trees at 20-foot
to 30-foot centers, which includes shrubs and groundcover, will be effective
sitescreening along the east side of the facility because of the design of the
buildings along that side.
(d) The Planning Division's concern for compatibility with existing and
future residential and commercial uses near the proposed facility is understandable
and justified for the north, west and south sides of the proposed facility. None of
the nearby uses have such long metal walls with the unbroken metal mass that the
proposed walls will have. Those walls will be unique in the immediate area. They
cannot be improved in appearance without decorative facades or evergreen
plantings as tall as the walls. Six-foot-high chain link fencing with slats
David Hoeger 18
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB .7 G 2014
CITY V YAK M#
PLANNING DIV
(sitescreening standard "C") would not obscure the mass and the expanse of those
walls. It would merely create another to uninterrupted mass or expanse the
wotild not be a .ctive, especially if painted with graffiti, and would only screen
about orte-half the heiglit of the walls. On the other hand, evergreen plantings near
the walls could within several year completely obscure the walls and dispense
with die need for slatted cyclone fericirig to be irtstalled for sitesereening or
security purposes. As a practical matter, it would take several ye. to achieve
the desired effect because the evidence at the hearing waq to the effect that
arborvitae in excess of 4 feet in height et ot be obtained, especially in the
number needed for this pmposal. The evidence was also to the effect that
arborvitae grow about I to I '/2 feet per y- ; . Since none of the current neighbors
expressed concern about the proposed sitescreenhig, allowing several years for
arborvitae or other evergr plantings that are initially 4 feet in height to
completely obscure the walls on the north, west and south sides should adequately
protect the interests of the present and future residents of the area relative to the
visual impacts of the large walls. The building walls themselves would serve to
keep the facility secure. The evergreert plantings next to the walls would obscure
them by means of a type of sitescreening that would not likely be painted with
gratliti. The effectiveness of sitescreerting by means of evergreen plantings rather
than by means of a 6-foot-high cyclone fence with slats can be seen in the
appIcant's photoy tphs. (Exhibit H-I, 2 photos entitled "Evergreen sitescreening
example" and 1 photo entitled "EAST Mobile Home Park" showing the arborvitae
directly east of the site across South 80 Avenue). The difference in the
effectiveness of these two types of sitesereening for a mini-storage facility can
also be seen in the &Teeter neighborhood where mini-storage facilities at Tieton
Drive and South 76 Avenue and on South 96 Avenue between Walnut and
Chestnut Avenues utilize of types of sitescreening.
(e) It is not possible to approve the mini-storage complex application
conditioned upon its having a building scale similar to adjoining residential
structures per Comprehensive Plan Policy 3.8.5. But it is possible to approve the
apgdication conditioned upon mitigating the visual impacts of its building scale by
mel of effective landscape buffers with living plant vegefttion such as
everg trees to minimize those visual impacts per Coirtprehensive Plan Policy
3.8.6. The Planning Division's reco ended options for sitescree g the long
solid walls of the large complex on three sides would mitigate visual impacts
David Hoeger 19
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; AIN #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
resulting from the size and design of the three walls and further other
Comprehensive Plan policies in the absence of any better alternatives.
(f) At the hearing, the Hearing Ex iner suggested that the buildings
around the outside of the complex be built as part of Phase 1. Those are buildings
"A," "B," "H," "K," "I" and "J." They comprise 15,525 square feet which is less
than the 16,700 square feet initially proposed for Phase 1 that would result from
constructing buildings "A," "B," "C" and "D." That way the complex would be
self-contained and the walls themselves could serve security functions without a
need for any fencing for security or sitescreening purposes. Sitescreening of the
large expanse of the walls on three sides could be achieved by arborvitae or other
evergreen plantings at least 4 feet tall when planted next to the buildings on the
north, west and south sides. They could be allowed to grow to the roof over a
number of years. This would save the expense of slatted cyclone fencing at any
location along the north, west or south sides of the site The reaction to that
suggestion was that the buildings could not be redesigned to achieve the variety of
building sizes initially needed for a successful operation by taking that approach.
(g) Recognizing that a mix - of building widths in Phase 1 would be
desirable to provide storage unit size choices needed for an economically viable
project, the Hearing Ex, iner notes that the identical mixture of different building
widths and square footage as was proposed by the applicant at the hearing could
be achieved by switching the location of building "C" with building "G" and
constructing the easterly and the northernmost buildings first with the use of
temporary, slatted cyclone construction fencing for security and sitescreening
purposes that could be moved southward as the construction progressed. Some
driveways and buildings would have to be moved 5 feet north for that purpose, but
the identical mix of different building widths as proposed at the hearing by
including buildings "A," "B," "C," "D," "H" and "K" totaling 20,050 square feet
in Phase 1 would result from including buildings "A," "B," "H," "K," "C" (in the
location shown as building "G" on the site plan) and "F" totaling 20,050 square
feet in Phase 1. If for some reason the location of those buildings could not be
switched, constructing the east and northernmost buildings shown on the site plan
M Phase 1 would also result in a mixture of building widths that would total
21,525 square feet for buildings "A," "B" "H," "K," "G" and "F."
David Hoeger 20
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(h) Evidence was not presented at the hearing as to whether permanent
cyclone fencing around the west and south sides of the property would make the
site more secure during construction than temporary construction fencing.
Members of the general public who rent storage units will have access to the area
that is within either type of fencing. Utilizing an alternative for security other than
permanent cyclone fencing around the west and south sides of the property prior to
completion of the complex would ultimately result in the type of compound
described in the annlication. The finished complex would have 1 1-foot-hi walls
rather than 6-foot-high fencing for security and would have arborvitae next to the
back of the north, west and south walls to serve as graffiti-free visual sitescreening
of the expansive walls without the need for any permanent cyclone fencing at any
location on those sides. If for some reason temporary slatted cyclone construction
fencing or another method of securing the construction site could not be utilized
and permanent cyclone fencing around the entire west and south sides would be
needed for security, then it would be that need for security rather than the need for
effective sitescreening that would require the applicant to incur that expense for
cyclone fencing in addition to the expense of effective sitescreening measures.
(h) There may be other alternatives for phasing, design or construction that
better serve the needs of the applicant while providing the type of effective
sitescreening for the uniquely expansive walls which the Planning Division
recommends be addressed for this proposal. For that reason, this decision will
leave room for other mutually agreeable sitescreening and/or phasing alternatives
to be included in a development agreement without the necessity of re ing to
the Hearing Ex, iner for approval of those details.
(i) Absent agreement otherwise, the Hearing Examiner prescribes the
following additional sitescreening option for the north side of the proposed
residential mini-storage facility in addition to those recommended by the Planning
Division: d. Install a dense vegetative screen made of arborvitae or other
evergreen plants which are initially at least 4 feet in height near the back wall of
the two mini-storage buildings promptly after they are completed and which are
allowed to grow to a height that obscures the wall of the buildings from view of
the abutting residential uses, and include plantings acceptable to the Planning
Division in the 10-foot-wide landscape rock drainage swale prior to approval of
the building permit for the final building or promptly upon the extension and
David Hoeger 21
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
improvement of Nob Hill Boulevard to City standards along the site if that occurs
prior to issuance of the final building permit.
0) Absent agreement otherwise, the Hearing Examiner prescribes the
following additional sitescreening option for both the west and south sides of the
proposed residential mini-storage facility in addition to those recommended by the
Planning Division: d. Install a dense vegetative screen made of arborvitae or
other evergreen plants which are initially at least 4 feet in height near the back
wall of the mini-storage building promptly after it is completed and which are
allowed to grow to a height that obscures the wall of the building from view of the
abutting residential uses.
(k) If the applicant and Planning Division mutually agree to a greater
number of buildings in Phase 1 than proposed before or during the hearing, a time
period longer than 2 years may be prescribed in the development agreement for
completion of Phase 1 without returning to the Hearing Examiner for approval of
that detail.
XL Administrative Adjustment. YMC 15.10.020 provides flexibility by allowing
certain development standards in YMC Chapters 15.05 through 15.08 to be
administratively adjusted. A particular standard may be reduced or modified so long as
the reviewing official determines that the adjustment is consistent with the purpose of the
zoning ordinance, is consistent with the intent and purpose for the standard and will
accomplish one or more of five objectives. The five criteria listed in C 15.10.020
apply, or do not apply, to the proposal in the following ways:
(1) Allow buildings to be sited in a manner that maximizes solar access: This
criterion does not apply. It is not the purpose of the proposed residential mini-storage
facility to maximize solar access to the facility or to any other building.
(2) Allow zero lot line or common wall construction in conformance with the
provisions of this title: This criterion does not apply since no zero lot line construction
is proposed.
David Hoeger 22
Residential Mini-Stor: le Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
FEB 0 6 2014
RECEIVED
OF YAKIMA
PLANNING GIV
(3) Coordinate development with adjacent land uses and physical features:
The requested side setback adjustment along the western portion of the south property
line which abuts R-1 zoned property would coordinate development with adjacent land
uses by providing increased landscaping that is acceptable to the City Planning Division
and by allowing the mini-storage building to be constructed in a straight line along the
south property line. This would prevent a 20-foot jog to the north in the building which
would create a 20-foot-wide strip of property behind the building about 55 feet in length
that would require regular maintenance in an area that would he difficult to enecc. The
total length of the adjustment would be about 70 to 75 feet from the west property line
even though no building is proposed for the westernmost 20-foot rear setback area.
Allowing the adjustment would allow construction of the proposed self-contained design
which would direct all negative impacts inward and would buffer the proposed facility
from surrounding uses along that portion of the south property line by means of an
effective type of sitescreening.
(4) Permit flexibility of design and placement of structures and other site
improvements: The requested side setback adjustment would permit flexibility of
design and structures because the location of the building anywhere but within the
setback area would result in a break in the buffer that the proposed building would
otherwise provide. A 20-foot jog to the north in the southernmost building would also
create a severe internal design problem for the interior buildings and driveways which
serve the majority of the facility.
(5) Allow development consistent with a specific sub plan: This criterion
does not apply since the purpose of this requested side setback adjustment is not to
comply with a provision of a sub-area plan.
Therefore, the requested south side setback reduction from 20 feet to 5 feet along
the western portion of the south property line which abuts the R-1 zoning district should
be allowed because it would be consistent with the p s se of the B-2 zoning district set
forth in C 15.05.020(F) to allow commercial activities that meet the service needs of
the community. Allowing the requested adjustment would also be consistent with those
purposes of setback requirements detailed in C 15.05.020(D) for the B-2 zoning
district because it would not interfere with visual clearance along streets and would still
David Hoeger 23
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
all areas for sitescreening and landscaping. Finally, as noted above, allowing the
requested adjustment would accomplish two of the five listed objectives for an
Administrative Adjustment even though only one of those objectives must be served in
order to allow the adjustment,
(Exhibit A pages 3 and 16; Exhibit E
XII. Consistency of the Proposed Use with Development Regulations and the
Comprehensive Plan. Compliance with the consistency criteria in Section 16.06.020B
of the Yakima Municipal Code is determined by consideration of the following factors:
(1) The types of land uses pe itted at the site. The proposed residential mini
-
storage facility is a Class (3) use in the B-2 zoning district which is permitted at the site if
the criteria for approval of a Class (3) use with the requested setback Administrative
Adjustment are satisfied, which is the case here if the conditions of approval required by
this decision are satisfied.
(2) The density of residential development or the level of development such
as units per acre or other measures of density. Residential density is not being
increased and the proposed residential mini-storage facility will be otherwise consistent
with density regulations for the B-2 zoning district since the Administrative Adjustment
criteria are satisfied for the requested setback adjustment.
(3) The availability and adequacy of infrastructure and public. facilities.
Infrastructure and public facilities are available and adequate for the proposed residential
mini-storage facility.
(4) The characteristics of the development relative to applicable development
regulations. Since the criteria are satisfied for approval of the requested setback
adustment, the proposed residential mini-storage facility, as conditioned, would be
consistent with applicable development regulations.
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner concludes as follows:
David Hoeger 24
Residential Mini-Storage Fac i I ity
8102 West Nob Hill Boulevard
CL3 #003-13; AIN #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(1) The Hearing Ex. s iner has jurisdiction to approve Class (3) use applications
and Administrative Adjustments under the circumstances prescribed by the zoning
ordinance, which circumstances warrant approval of this application with a setback
Administrative Adjustment, subject to the conditions set forth below.
(2) Public notice requirements have been satisfied.
(1) A nPtimr;n-ti^n efNcrsignifiencews issued on December 30, 2013, which
became final without an appeal.
(4) Transportation Concurrency review under C Chapter 12.08 found that the
proposal will not exceed the PM Peak Hour capacity of the City's arterial street system
and that reserve capacity will exist on all impacted arterial streets.
(5) The proposed residential mini-storage facility with a setback Administrative
Adjustment to the west 70 or so feet of the south property line which abuts the R-1
zoning district can be adequately conditioned by the conditions set forth below so as to
ensure compatibility, compliance and consistency with the policies, objectives and
standards of the Comprehensive Plan and with the intent, the character, the provisions
and the development standards of the zoning district and of the zoning ordinance,
including the Administrative Adjustment provisions thereof.
(6) This decision entitles the applicant to a Certificate of Zoning Review subject
to time limitations for completion of both phases prescribed by this decision or prescribed
otherwise in agreed provisions of a development agreement.
(7) This decision may be appealed to the Yakima City Council within the time
and in the manner required by applicable City ordinances.
DECISION
The proposed residential mini-storage facility with the requested Administrative
Adjustment to allow a 5-foot rather than 20-foot setback for the 70 or so feet along the
Single-Family Residential (R-1) zoning district abutting the site on the south as described
David Hoeger 25
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV,
in Class (3) use application CL3 #003-13, in PJ #006-13 and in SEPA #020-13 is
APPROVED, subject to the following conditions:
(1) The applicant shall satisfy all applicable Urban Area Zoning Ordinance,
building code and fire code requirements.
(2) In order to resolve difficulties involved in approving a use that is generally
considered to be incompatible at its proposed location, particularly a use that would have
a much larger building scale and much longer metal walls than single-family residences
on neighboring properties, one of the following sitescreening options shall be shown for
each of the three sides of the proposed complex on a revised site plan and described in
detail in either a landscaping plan or a sitescreening plan or a combination of both,
whichever is applicable, in a manner that is acceptable to the Planning Division:
A. North property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I" and "J" to provide an enclosed compound as
suggested in the applicant's n. ative, 2) provide site screening "A" along
the north property line, and 3) provide a decorative facade along the backs
of the buildings and roof which shields these metal features from the view
of the abutting residential uses; or
b. Provide a six-foot high decorative masonry, stone, or stucco wall along the
north property line, and 2) install a decorative facade along the back and
sides of the proposed mini-storage building shielding the metal features
from view of the abutting residential uses; or
c. Install a dense vegetative screen made of arborvitae or other evergreen
plants which obscures the mini-storage units from view of the abutting
residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
two mini-storage buildings promptly after they are completed and which
are allowed to grow to a height that obscures the wall of the buildings from
view of the abutting residential uses, and include plantings acceptable to the
Planning Division in the 10-foot-wide landscape rock drainage swale prior
David Hoeger 26
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
t.:1 FY OF YAKIMA
PLANNING DIV.
to approval of the building permit for the final building or promptly upon
the extension and improvement of Nob Hill Boulevard to City standards
along the site if that occurs prior to issuance of the final building permit.
B. South property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I" and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along
the property line, and 2) install a decorative facade along the backs and
sides of the proposed mini-storage building shielding the metal features
from view of the abutting residential uses; or
c. 1) Install a six-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen made
of arborvitae or other evergreen plants which obscures the backs of the
mini-storage units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
mini-storage building promptly after it is completed and which are allowed
to grow to a height that obscures the wall of the building from view of the
abutting residential uses.
C. West property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I," and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along
the property line, and 2) install a decorative facade along the backs and
sides of the proposed mini-storage building shielding the metal features
from view of the abutting residential uses; or
David Hoeger 27
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVE
FEB 0 6
CITY YAKM4 A
PLANNING DIV
c. 1) Install a 6-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen made
of arborvitae or other evergreen plants which obscures the backs of the
mini-storage units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
mini-storage building promptly after it is completed and which are allowed
to grow to a height that obscures the wall of the building from view of the
abutting residential uses.
(3) In the event that false windows are used, they shall be incorporated with a
black background rather than traditional white, and a lighting plan detailing the lighting
that will be utilized in a m. er acceptable to the Pl. ing Division shall be submitted.
(4) In the event the temporary vehicle storage is still sought, the vehicle storage
shall only be allowed upon paved portions of the proposed mini-storage development.
(5) Access to the kiosk for the facility may be allowed 24 hours per day every day
of the week. Access to the storage units themselves may only be allowed during hours
prescribed by the owner that are between 7 a.m. and 8 p.m. every day of the week.
(6) Complete stormwater design plans, specifications and runoff/storage
calculations supporting the sto :ter design are required pursuant to the Eastern
Washington Stormwater Manual and City of Yakima standards. A stormwater site plan
shall be submitted to the City of Yakima Surface Water Engineer prior to permit
issuance.
(7) Prior to permit issuance, the applicant shall revise the submitted site plan to
correctly incorporate all required Title 12 development and fire access requirements
which include without limitation curb, gutter, sidewalk, street lighting, the required type
of pavement for the fire access lane and the required or agreed type of sitescreening for
the facility.
David Hoeger 28
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEiVED
FEB 0 6 2014
CITY OF YAKIMA
PLANN/NG 01V
(8) Prior to pe it issuance the applicant shall dedicate the required right-of-way
for Nob Hill Boulevard and South 80 Avenue to the City of Yakima as directed by the
City of Yakima Engineering Division.
(9) A final site plan shall be submitted to the Planning Division prior to issuance
of any development permits which incorporates all conditions that are stated herein or are
otherwise established by mutual agreement of the applicant and Pl. ing Division.
(10) Phase 1 of this development shall be completed within two (2) years from the
date of issuance of the Certificate of Zoning Review for this proposal, and Phase 2 of this
development shall be completed within five (5) additional years thereafter, or within a
total of seven (7) years from the date of issuance of the Certificate of Zoning Review for
this proposal. If the applicant and Planning Division mutually agree to a greater number
of buildings in Phase 1 than proposed before or during the hearing, a time period longer
than two (2) ye. may be prescribed in the development agreement for completion of
Phase 1 without returning to the H •ng Ex: finer for approval of a different time
period. The approval and authority for any construction not completed within the
prescribed time periods shall expire and be of no further force and effect unless the City
within its sole and absolute discretion approves one or more extensions prior to the
expiration of either time period.
(11) The applicant shall enter into a development agreement with the City of
Yakima detailing conditions of approval; provisions of applicable building, zoning and
other city codes; phasing details for the buildings in the development project; and any
additional mutually agreeable requirements applicable to the development. The develop-
ment agreement may include revisions to the conditions prescribed by this decision if
those revisions . - mutually agreed to by the City of Yakima and by the applicant.
Absent such agreement, the conditions herein prescribed shall be included in the
development agreement.
DATED this 6 day of February, 2014.
4b74" •
Gary M. Cul 1 . her, Hearing Examiner
David Hoeger 29
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the
Final Decisions for the execution of a development agreement between Storage
Investments and the City to implement the conditions set forth in the Final Decisions; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will,
amongst other things, implement the conditions in the Final Decisions, eliminate uncertainty
over development of the Project, provide for the orderly development of the Project
consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate
environmental impacts, and otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Storage Investments Development Agreement. The Yakima
City Council, after a duly noticed public hearing, has determined that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of
this Agreement are consistent with the Comprehensive Plan and applicable development
regulations.
ADOPTED BY THE CITY COUNCIL this 20 day of September, 2016.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Return Address:
David L. Hoeger
410 Aeroview
Yakima, WA 98908
Document 1 Title: DEVELOP I NT AGREE I NT BY I BE EN THE OF
Y I • STORAGE I S I NTS, LLC
Reference #'s:
Additional reference #'s on page
Grantors: Grantees:
Additional grantors on page Additional grantees on page
Legal Description (abbreviated form: i.e. lot, block, plat or S,T,R quarter/quarter):
181330-41001: The North half of the Northeast Quarter of the Northeast Quarter of the
Southeast Quarter of Section 30, Township 13 North, Range 18 EWM; Except the North 8.5
feet for road; And Except the West 263.7 feet thereof; And Except the right of way for road
along the East line thereof. Situated in Yakima County, State of Washington. Commonly
known as 8102 W NOB :1' L BL I , Yakima, Washington 98908
181330-41002: The East 64 feet of the following-described property: That portion of the
North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of
Section 30, Township 13 North, Range 18 EWM, described as follows: Beginning at a point
397 feet West of the Northeast corner of said subdivision; Thence West along the North line
thereof 263.7 feet, more or less, to the Northwest corner of said subdivision; Thence South
along the West line of said subdivision 330.4 feet, more or less, to the Southwest corner of
said subdivision; Thence East along the South line 263.7 feet; Thence North 0°28' East 330.4
feet to the point of beginning. Situated in Yakima County, State of Washington. Commonly
known as 8104 W NOB L BLVD, Yakima, Washington 98908
Assessor's Property Tax Parcel/Account Number: 181330-41001, 181330-41002
Signature:
DEVELOP I NT AG ' E I NT
BY I BETWEEN THE CITY OF Y II
I STO GE INVEST I NTS, LLC
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
2016, by and between the City of Yakima, a Washington municipal corporation, hereinafter the "City,"
and Storage Investments, LLC , a Washington limited liability company hereinafter the "Developer."
CITALS
WHEREAS, the Washington State Legislature has authorized the execution of a development agreement
between a local government and a person having ownership or control of real property within its
jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement may set forth the development standards and other provisions
that shall apply to, govern and vest the development, use and mitigation of the development of the real
property for the duration specified in the agreement (RCW 36.70B.170(1)); and
WHEREAS, for the purposes of this development agreement, "development standards" includes, but
is not limited to, all of the standards listed in RCW 36.70B.170(3); and
WHEREAS, a development agreement must be consistent with the applicable development regulations
adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and
WHEREAS, this Development Agreement by and between the City of Yakima and the Developer
(hereinafter the "Development Agreement") relates to a proposed residential mini-storage complex on
two parcels located at 8102 and 8104 West Nob Hill Boulevard, Yakima, WA (Assessor Parcel Nos.
181330-41001 and -41002) ("Project"); and
WHEREAS, the Project was reviewed pursuant to Type 3 review and approved by Hearing Examiner
subject to conditions in Hearing Examiner's Decision, dated February 6, 2014 (CL3 #003-13; ADJ #006-
13; and SEPA #020-13) (hereinafter "Hearing Examiner's Decision"), such decision authorizing the
proposed residential mini-storage in the Local Business (B-2) zoning district subject to specific
conditions and directing that the City and Developer enter into a development agreement detailing
conditions of approval; applicable development standards; phasing of development; and other agreeable
requirements.
WHEREAS, City approved modifications (MOD #002-15) to Hearing Examiner's Decision (CL3 #003-
13) increasing driveway widths by one to five feet and reducing the number of buildings from 11 to 10
buildings.
Now, therefore, the parties hereto agree as follows:
General Provisions
Section 1. The Project. The Project is the proposed development of residential mini-storage complex on
approximately 3.15 acres with ten (10) buildings. The Project is located at 8102 and 8104 West Nob
Hill Boulevard, Yakima, WA. Project and land use decision are more particular set forth in Hearing
Examiner Decision (CL3 #003-13) dated February 10, 2014. Hearing Examiner's Decision was
modified by Administrative Decision dated January 30, 2015, such decision reducing the number of
buildings from 11 to 10 and increasing driveway widths. MOD #002-15).
Section 2. The Subject Property. The Project site is legally described in Exhibit A, attached hereto and
incorporated herein by this reference.
Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as
required by RCW 36.70B.200.
b) "Certificate of occupancy" means either a certificate issued after inspections by the City authorizing
a person(s) in possession of property to use the specified mini-storage buildings and associated
improvements or the final inspection if a formal certificate is not issued.
c) "Council" means the duly elected legislative body governing the City of Yakima.
d) "Design Guidelines" means the development standards as adopted by the City.
e) "Director" means the City's Community Development Director.
f) "Effective Date" means the effective date of the Adopting Ordinance.
g) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Yakima in
effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land,
the density and intensity of use, and the design, improvement, construction standards and specifications
applicable to the development of the Subject Property, including, but not limited to the Comprehensive
Plan, the City's Official Zoning Map and development standards, the Design Manual, the Public Works
Standards, SEPA, Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the
City establishing subdivision standards, park regulations, building standards. Existing Land Use
Regulation does not include non-land use regulations, which includes taxes and impact fees.
h) "Landowner" is the owner of the Property or any other party who has acquired an interest in Property
and who, unless otherwise released as provided in this Agreement, shall be subject to the applicable
provisions of this Agreement.
i) "Project" means the anticipated development of the Property as specified in Section 1 and otherwise
authorized by Hearing Examiner Decision and referenced administrative modification.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal description of the Property.
b) Exhibit B — Site Plan for Development.
c) Exhibit C — Hearing Examiner Decision (CL3 #003-13) as modified by Administrative
Modification (MOD #002-15)
d) Exhibit D YMC Title 12 — Development Standards
e) Exhibit E YMC Title 15 — Yakima Urban Area Zoning Ordinance
f) Exhibit F — YMC Title 14— Subdivision
g) Exhibit G — YMC Ch. 10.05 — Fire Code
h) Exhibit H — Determination of Nonsignificance (DNS) issued on December 30, 2013
Section 5. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Yakima, 129 North 2' Street, Yakima, Washington 98901.
b) The "Developer" is Storage Investments, LLC, the owner of the Property, and whose principal office
is located at 410 Aeroview Rd, Yakima, WA 98908.
c) The "Landowner" or "Owner" of the Property is currently Storage Investments, LLC. The Owner
may sell or otherwise transfer all or a portion of the Property to a subsequent owner who, unless
otherwise released, shall be subject to and benefitted by the applicable provisions of this Development
Agreement related to such portion of the Subject Property.
Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private
development and that the City has no interest therein except as authorized in the exercise of its
governmental functions.
Section 7. Term ofAgreement. This Agreement shall commence upon the effective date of the Adopting
Ordinance approving this Agreement, and shall continue in force for a period of 20 years unless extended
or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner
terminated, this Agreement shall have no force and effect, subject however, to post-teiniination
obligations of the Developer or Landowner.
Section 8. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in
accordance with the terms hereof, in developing the Subject Property consistent with the Project
described herein, Developer is assured, and the City agrees, that the development rights, obligations,
terms and conditions specified in this Agreement, are fully vested in the Developer (and its successors
and assitn s) and may not be changed or modified by the City, except as may be expressly permitted by,
and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as
expressly consented thereto by the Developer. Notwithstanding the above, the parties expressly agree
that the following development standards are exempt from this vesting provision and that the City shall
have the right to require the Developer to comply with development standards, as now existing or as
hereafter amended, in the following: storm water regulations and standards, sanitary sewer regulations
and standards and building codes. The parties agree that Developer's submission of a complete
application for a building permit shall only vest the Developer to the building codes in Title 11 YMC in
effect at the time of submission of the complete application for a building permit for the structure(s)
subject to such permit.
Developer is specifically vested to the following ordinances and determinations:
• YMC Title 12 — Development Standards
• YMC Title 15 — Yakima Urban Area Zoning Ordinance
• YMC Title 14 - Subdivision
• Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD
#002-15)
• Determination of Nonsiyi ificance (DNS) issued on December 30, 2013
Section 9. Permitted Uses and Development Standards. The permitted uses, the density and intensity
of use, the maximum height and size of proposed buildings, provisions for reservation and dedication
of land or payment of fees in lieu of dedication for public purposes, the construction, installation and
extension of public improvements, development guidelines and standards for development of the
Property shall be those set forth in this Agreement and as directed in Hearing Examiner's Decision as
administratively modified.
Section 10. Development Conditions and Requirements. The development of the Project is subject
to applicable provisions of Urban Area Zoning Ordinance, building code and fire code as well as the
following conditions imposed by Hearing Examiner Decision:
A. Developer shall provide one of the following site screening options for each of the
three sides of the proposed complex with the selected option shown on a revised site plan (and
described in detail in either a landscaping plan or a site screening plan or a combination of both)
in a manner acceptable to the Planning Division:
1. North property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include buildings
II," "K," "I" and "J" to provide an enclosed compound as suggested in the
applicant's narrative, 2) provide site screening "A" along the north property line,
and 3) provide a decorative facade along the backs of the buildings and roof which
shields these metal features from the view of the abutting residential uses; or
b. Provide a six-foot high decorative masonry, stone, or stucco wall along the
north property line, and 2) install a decorative facade along the back and sides of
the proposed mini-storage building shielding the metal features from view of the
abutting residential uses; or
c. Install a dense vegetative screen made of arborvitae or other evergreen plants
which obscures the mini-storage units from view of the abutting residential uses;
or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
two mini-storage buildings promptly after they are completed and which are
allowed to grow to a height that obscures the wall of the buildings from view
of the abutting residential uses, and include plantings acceptable to the
Planning Division in the 10-foot-wide landscape rock drainage swale prior
to approval of the building permit for the final building or promptly upon
the extension and improvement of Nob Hill Boulevard to City standards
along the site if that occurs prior to issuance of the final building permit.
2. South property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I" and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the property line, and 2) install a decorative facade along the backs and
sides of the proposed mini-storage building shielding the metal features from
view of the abutting residential uses; or
c. 1) Install a six-foot high view obscuring fence meeting site screening
"C", and 2) Install additional vegetation to create a dense vegetative screen
made of arborvitae or other evergreen plants which obscures the backs of the
mini-storage units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the mini-
storage building promptly after it is completed and which are allowed to grow
to a height that obscures the wall of the building from view of the abutting
residential uses.
3. West property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "I1," "K," "I," and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the property line, and 2) install a decorative facade along the backs and sides
of the proposed mini-storage building shielding the metal features from view of
the abutting residential uses; or
c. 1) Install a 6-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen made of
arborvitae or other evergreen plants which obscures the backs of the mini-storage
units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the mini-
storage building promptly after it is completed and which are allowed to grow to
a height that obscures the wall of the building from view of the abutting residential
uses.
B. In the event that false windows are used, they shall be incorporated with a black
background rather than traditional white, and a lighting plan detailing the lighting that will be
utilized in a manner acceptable to the Planning Division shall be submitted.
C. In the event the temporary vehicle storage is still sought, the vehicle storage shall
only be allowed upon paved portions of the proposed mini-storage development.
D. Access to the kiosk for the facility may be allowed 24 hours per day every day
of the week. Access to the storage units themselves may only be allowed during hours prescribed
by the owner that are between 7 a.m. and 8 p.m. every day of the week.
E. Complete stormwater design plans, specifications and runoff/storage
calculations supporting the stormwater design are required pursuant to the Eastern
Washington Stormwater Manual and City of Yakima standards. A stormwater site plan shall
be submitted to the City of Yakima Surface Water Engineer prior to permit issuance.
F.Prior to permit issuance, the applicant shall revise the submitted site plan to correctly
incorporate all required Title 12 development and fire access requirements which include
without limitation curb, gutter, sidewalk, street lighting, the required type of pavement for the
fire access lane and the required or agreed type of sitescreening for the facility.
G. Prior to permit issuance the applicant shall dedicate the required right-of-way for
Nob Hill Boulevard and South 80 Avenue to the City of Yakima as directed by the City of
Yakima Engineering Division.
H. The project may be developed in phases to be completed within seven (7) years
from the date of this Agreement.
Section 11. Minor Modifications. Minor modifications from the approved permits or the exhibits
attached hereto may be approved in accordance with the provisions of the City's code, and shall not
require an amendment to this Agreement.
Section 12. Further Discretionary Actions. Developer acknowledges that the Existing Land Use
Regulations contemplate the potential exercise of ordinance powers by the City. These powers include,
but are not limited to, review of additional permit applications under SEPA. The exercise of such
authority shall be subject to the terms and conditions of this Agreement, including but not limited to
vesting provisions.
Section 13. Public Facilities and Dedications.
Developer acknowledges and agrees that, prior to issuance of a certificate of occupancy for the proposed
residential mini-storage buildings, it shall dedicate right-of-way for Nob Hill Boulevard and South 80th
Avenue. Such dedication shall be determined by City in accordance with applicable law.
Section 14. Existing Land Use Fees and Impact Fees.
A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be
increased by the City from time to time, and applicable to permits and approvals for the Subject Property,
as long as such fees apply to similar applications and projects in the City.
B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in the
Yakima Municipal Code.
Section 15. Phasing of Development. The parties acknowledge that the most efficient and economic
development of the Subject Property depends upon numerous factors, such as market orientation and
demand, interest rates, competition and similar factors, and that generally it will be most economically
beneficial to the ultimate purchasers of the Subject Property to have the rate of development determined
by the Developer. However, the parties also acknowledge that because the Development will be phased,
certain amenities associated with the Project must be available to all phases of the Project, in order to
address health, safety and welfare of the residents. Therefore, the parties agree that the improvements
associated with the Project shall be constructed according to the following schedule:
A. Street Improvements.
B. Potable Water and Fire Flow Facilities.
C. Sewer Facilities.
D. Utilities.
Section 16. Default.
A. Subject to extensions of time by mutual consent in writing, failure or delay by either party or
Landowner not released from this Agreement, to perform any term or provision of this Agreement shall
constitute a default. In the event of alleged default or breach of any terms or conditions of this
Agreement, the party alleging such default or breach shall give the other party or Landowner not less
than thirty (30) days' notice in writing, specifying the nature of the alleged default and the manner in
which said default may be cured. During this thirty (30) day period, the party or Landowner charged
shall not be considered in default for purposes of termination or institution of legal proceedings.
B. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not
being diligently cured in the manner set forth in the notice, the other party or Landowner to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the
City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as
provided in the Yakima Municipal Code for violations of this Development Agreement and the Code.
Section 17. Termination. This Agreement shall expire and/or terminate as provided below:
A. This Agreement shall expire and be of no further force and effect if the development
contemplated in this Agreement and all of the permits and/or approvals issued by the City for such
development are not substantially underway prior to expiration of the term period specified herein. The
term of this Agreement may be extended upon showing the market, economic or other similar conditions
made such development unfeasible during such period. Any extension shall be approved by City subject
to the exercise of its due discretion.
B. This Agreement shall terminate upon the expiration of the term identified in Section 7 or
when the Subject Property has been fully developed, which ever first occurs, and all of the Developer's
obligations in connection therewith are satisfied as determined by the City. Upon termination of this
Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney
that the Agreement has been terminated.
C. This Agreement shall expire and be of no further force and effect if the Developer does not
construct the Project as contemplated by the permits and approvals identified in this Agreement, and
submits applications for development of the Property that are inconsistent with such permits and
approvals.
D. Developer or Owner may terminate this Agreement and any development rights established
by Hearing Examiner Decision in the exercise of its sole discretion. Upon the exercise of such election,
City shall execute and record notice of such termination upon form acceptable to City Attorney and
Owner.
Section 18. Effect upon Termination on Developer Obligations. Termination of this Agreement shall
terminate all rights and obligations to develop the Property as authorized by Hearing Examiner Decision
or this Agreement. .
Section 19. Effects upon Termination on City. Upon any termination of this Agreement as to the
Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development,
limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby
with respect to the property affected by such termination (provided that vesting of such entitlements,
conditions or fees may then be established for such property pursuant to the existing planning and zoning
laws).
Section 20. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer
this Agreement with all their rights, title and interests therein to any person, firm or corporation at any
time during the term of this Agreement.
Section 21. Covenants Running with the Land. The conditions and covenants set forth in this
Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens
shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser,
assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated
and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a
party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or
transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the
duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain
to the portion of the Subject Property sold, assigned or transferred to it.
Section 22. endment to Agreement; Effect of Agreement on Future Actions. This Agreement
may be amended by mutual consent of all of the parties, provided that any such amendment shall follow
the process established by law for the adoption of a development agreement (see, RCW 36.70B.200).
City reserves authority to impose new or different regulations required by a serious threat to public
health or safety. .
Section 23. Releases. Developer, and any subsequent Landowner, may free itself from further
obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or
transferee expressly assumes the obligations under this Agreement as provided herein.
Section 24. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently
given if dispatched by pre-paid first-class mail to the addresses of the parties as designated in Section 5.
Notice to the City shall be to the attention of both the City Manager and the City Attorney. Notices to
subsequent Landowners shall be required to be given by the City only for those Landowners who have
given the City written notice of their address for such notice. The parties hereto may, from time to time,
advise the other of new addresses for such notices, demands or correspondence.
Section 25. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the
City for actual expenses incurred over and above fees paid by Developer as an applicant incurred by
City directly relating to this Agreement, including recording fees and publishing fees. Upon payment of
all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees
shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement of
charges to the Developer.
Section 26. Applicable Law and Attorneys' Fees. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. Venue for any action shall lie in Yakima County
Superior Court. If litigation is initiated to enforce the terms of this Agreement, each party shall be
responsible for payment of its own attorneys' fees and costs.
Section 27. Third Party Legal Challenge. In the event any legal action or special proceeding is
commenced by any person or entity other than a party or a Landowner to challenge this Agreement or
any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the
lawsuit to Developer and/or Landowner(s). hi such event, Developer and/or such Landowners shall hold
the City harmless from and defend the City from all costs and expenses incurred in the defense of such
lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of
litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer
and/or Landowner shall not settle any lawsuit without the consent of the City. The City shall act in good
faith and shall not unreasonably withhold consent to settle.
Section 28. Specific Performance. The parties specifically agree that damages are not an adequate
remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of
all material terms of this Development Agreement by any party in default hereof.
Section 29. Severability. If any phrase, provision or section of this Agreement is determined by a court
of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is
rendered invalid or unenforceable according to the terms of any statute of the State of Washington which
became effective after the effective date of the ordinance adopting this Development Agreement, and
either party in good faith determines that such provision or provisions are material to its entering into
this Agreement, that party may elect to terminate this Agreement as to all of its obligations remaining
unperformed.
Exhibit A
Parcel A: Parcel Number: 181330-41001
The North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 30, Township
13 North, ' . ge 18 EWM;
Except the North 8.5 feet for road;
And Except the West 263.7 feet thereof;
And Except the right of way for road along the East line thereof.
Situated in Yakima County, State of Washington.
Commonly known as 8102 W NOB HILL BLVD, Yakima, Washington 98908
Parcel B: Parcel Number: 181330-41002
The East 64 feet of the following-described property:
That portion of the North half of the Northeast Quarter of the Northeast Quarter of the Southeast Quarter of
Section 30, Township 13 North, ' . I ge 18 EWM, described as follows:
Beginning at a point 397 feet West of the Northeast corner of said subdivision;
Thence West along the North line thereof 263.7 feet, more or less, to the Northwest corner of said subdivision;
Thence South along the West line of said subdivision 330.4 feet, more or less, to the Southwest corner of said
subdivision;
Thence East along the South line 263.7 feet;
Thence North 0°28' East 330.4 feet to the point of beginning.
Situated in Yakima County, State of Washington.
Commonly known as 8104 W NOB HILL BLVD, Yakima, Washington 98908
[end of Exhibit A]
Exhibit B
Development Site Plan is on file with the City of Yakima Planning Department and is referenced and
located under Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification
(MOD #002-15).
[end of Exhibit B]
Exhibit C
Hearing Examiner Decision (CL3 #003-13) as modified by Administrative Modification (MOD #002-
15) is on file with the City of Yakima Planning Department and is referenced and located under CL3
#003-13 and MOD #002-15.
[end of Exhibit C]
El I:ITSD,E,F,G,&H
Exhibit D — YMC Title 12 — Development Standards, Exhibit E — YMC Title 15 — Yakima Urban
Area Zoning Ordinance, Exhibit F — YMC Title 14 — Subdivision, Exhibit G — YMC Ch. 10.05 —
Fire Code, and Exhibit H — Determination of NonSignificance (DNS) issued on December 30,
2013, are on file with the City of Yakima Planning Department.
[end of Exhibits D — H]
0 E' I EVELOPER:
STORAGE ST I NTS, EEC
B y
ere 1W4PH onovan Member
I certify that I know or have satisfactory evidence that TERESA DONOVAN is
the person w h o appeared b e f o r e me, a n d said person acknowledged t h a t she sit led this instrument,
on oath stated that she was authorized to execute the instrument and acknowledged it as a Member
of STORAGE INVESTMENTS, LLC to be the free and voluntary act of such party for the uses
and purposes mentioned in this instrument.
Dated:
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STATE OF WASHINGTON)
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County of Yakima )
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
0 • I EVELOPER:
ST() ' • GE. I ST NTS, LLC
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David Hoeger, N4-4, ber
I certify that I know or have satisfactory evidence that DAVID HOEGER is the
person who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as a Member of
STORAGE INVESTMENTS, LLC to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
Dated: Og - IIOVVP
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STATE OF WASHINGTON)
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County of Yakima )
CITY OF Y • :
By:
Cliff Moore, City Manager
ATTEST:
By
Sonya Claar Tee, City Clerk
STATE OF WASHINGTON )
) ss.
County of Yakima
I certify that I know or have satisfactory evidence that CLIFF MOORE is the person who ap # -
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as City Manager for the CITY OF
YAKINIA to be the free and voluntary act of such party for the uses and purposes mentioned in
this instrument
Dated:
NOT A ' Y PUBLIC
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
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County of Y.
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NOTIFICATION OF HEARING E . INEWS DECISION
February 10, 2014
On Feb : 6, 2014 the City of Yakima He: ' g Ex: iner rendered his decision on CL3#003-
13, ADJA06-13 (SEPANO20-13). The application submitted by David Hoeger is a land use
approval request for a residential mini-storage facility at 8102 West Nob Hill Blvd, Yakima,
WA. The application was reviewed at an open record public hearing held on January 23, 2014.
Enclosed is a copy of the Hearing Ex: iner's Findings and Decision. Any part of the H : ' g
Ex. iner's decision may be appealed to the Yakima City Council. Appeals shall be filed within
fo - - n (14) days following the date of mailing of this notice and shall be in writing on forms
provided by the PI: . ng Division. The appeal fee of $340 must accompany the appeal
application.
For • er information or assi : ce you may contact Jeff Peters, Supervising Pl: er at (509)
575 or e jefflpet - eyakiinawa.gov
Jeff Peters
Su* 'sing PI ter
ate of Mailing: Feb : 10, 2014
Enclosures: He: ' g Ex, 'ner's Decision
vat..
.., .7 •
OM NMI
+ r
RECEIVED
City of Yakima, Washington
Hearing Examiner's Decision FEB 0 6 2014
CITY OF YAKIMA
February 6, 2014 PLANNING DIV.
In the Matter of Application for a Class )
(3) Use and an Administrative
Adjustment Submitted by: ) CL3 #003-13
) ADJ #006-13
David Hoeger ) SEPA #020-13
)
For a Residential Mini-Storage Facility )
At 8102 W. Nob Hill Blvd. in the B-2 Zone )
A. Introduction. The introductory findings relative to the hearing process for this
application are as follows:
(1) The comprehensive 19-page staff report presented by Supervising Planner Jeff
Peters recommended approval of the application subject to conditions. (Exhibit A-1).
(2) Testimony in favor of the application was presented by David Hoeger, Teresa
Donovan, Bill Hordan and Wayne Parsley. (Exhibit F-8). Letters favoring a residential
mini-storage facility at the proposed location were submitted by John M. Iasella, John H.
(Jack) Stewart, Steven T. Kitts, Tim Sattler, Thia Spearing, Patty Pruiett and Elizabeth
Gehisen. (Exhibits G-1 to G-7).
(3) No other testimony and no other written comments from the public were
presented at the 3-hour-long hearing. This decision has been issued within ten business
days of the Ir ing.
B. Summary of Decision. The He g Ex. iner approves this application subject to
conditions.
David Hoeger 1
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
C. Basis for Decision. Based upon the Hearing Ex. iner's view of the site with no one
else present on January 20, 2014; his consideration of the staff report, exhibits, testimony
and other evidence presented at the open record public hearing on January 23, 2014; and
his review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban
Area Zoning Ordinance; the Hearing Examiner makes the following: RECEIVED
FINDINGS FEB 0 6 2014
UITY OF YAKIMA
PLANNING DIV.
I. Property Owner/Applicant/Applicant's Representative. The property owner is
NEI Investors LLC, P.O. Box 821336, Vancouver, Washington 98682. The applicant is a
purchaser of the property, David Hoeger, 610 South 24 Avenue, Yakima, Washington
98902. The applicant's representative is Bill Hordan of Hordan Planning Services, 410
North Second Street, Yakima, Washington 98901. (Exhibit E-3).
II. Location. The location of the proposed residential mini-storage facility is 8102 West
Nob Hill Boulevard, Yakima, Washington. The Assessor's tax parcel numbers for the
site are 181330-41001 and 181330-41002. (Exhibit A-1, page 1).
III. Application. On September 30, 2013, the City's Department of Community and
Economic Development received an application for a Type 3, Administrative Adjustment
and State Environmental Policy Act Review. Processing was delayed until December 3,
2013, at the request of the applicant to submit a revised site plan with minor changes
which was received on November 26, 2013. The application requests approval to
construct a residential mini-storage complex containing about 55,800 square feet of
David Hoeger 2
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING 0111
building space in the B-2 Local Business zoning district on a 2.8-acre parcel. It also
requests an Administrative Adjustment of the building setback standard from an abutting
residential district from 20 feet to 5 feet for about 55 feet of the westernmost portion of
the southernmost building. The proposed residential mini-storage facility would have a
total of 550 storage units in 11 buildings to be built in 2 phases at the southwest corner of
South 80 Avenue and West Nob Hill Boulevard. (Exhibit A-1, pi. 1, Exhibits B-1, B-
2 and B-3; Exhibit E-3).
IV. Notices. Notices of the public hearing were provided in the following manner:
Mailing of hearing notice to property owners within 300 feet: December 3, 2013
Publishing of hearing notice in Yakima Herald-Republic: December 3, 2013
Posting of hearing notice on the property: December 5, 2013
(Exhibits F-3a, F-3b and F-3c; Exhibit F-4).
V. Environmental Review. The proposal is subject to review under the State
Environmental Policy Act because it exceeds the City's flexible threshold for SEPA set
forth in Section 6.88.070 of the Yakima Municipal Code. A Determination of Non-
significance (DNS) was issued on December 30, 2013. The appeal period for the DNS
expired on January 13, 2014, without an appeal being filed. (Exhibit F-5).
VI. Transportation Capacity Management Ordinance. Traffic Concurrency Review
which was completed on October 21, 2013, concluded that this development will not
exceed the PM peak hour capacity of the City's arterial street system and that reserve
capacity will exist on all impacted arterial streets. (Exhibit F-I).
David Hoeger 3
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY YAKIMA
PLANING i.
VII. tale 12 Development Standard& : ity of a i a Title 12 evel en t Standards
apply to this proposed development in a include the following:
(1) South t Avenue is classified as a Collector Arterial and is deficient in right-
of-way requiring 40 feet of t -of -way from centerline along this development.
(2) Nob Hill Boulevard is designated in the West Valley Neighborhood Plan as a
Minor Arterial and is c ntly deficient in right-of-way, requiring dedication of 40 feet
of right-of-way from the frontage of this development.
(3) Frontage improvements, sto water facilities and domestic water required y
C Title 12 Development Standards are required conditions of this development.
(4) The applicant's site plan identifies the appropriate ount of right-of-way to
be dedicated for both ob Hill Boulevard and South 80 Avenue. In addition, with the
exception of the required curb, gutter and sidewalk a down Nob Hill Boulevard and
street light installation, the applicant's site plan shows the required ont e improve-
ments and required . out of a icat right-of-way.
(Exhibit A -1, page 11).
VIII. Zoning a ses The zoning of e subject property is Local Business
(B-2) and the current land use is a single-family residence at will be a li e .
Properties adjacent to the subject property have the following characteristics:
Location Zoning Land Use
North B-2, L .1 Business Single-Family Homes
South -1, Single-Family Residential Single-Family Homes
South -2, Local Business Single-Family Ho es
West -1, Single-Family Residential Single-F. it o es
East R-3, Multi-F. . ily Residential Mobile Home Park
(Exhibit -1, page 10).
IX. Review Criteria for Class ( ses• The findings and conclusions of the Hearing
David Hoeger
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003 -13; ADI 6 -13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
Examiner are required to set forth specific reasons and ordinance provisions demon-
strating that his decision satisfies the following requirements set forth in C
15.04.020(C) and 15.15.040(E) of the Yakima Urban Area Zoning Ordinance which is
Title 15 of the Yakima Municipal Code ( C):
(1) Compliance and Compatibility with the Objectives and Development
Criteria of the Comprehensive Plan. The 2006 Yakima Urban Area Comprehensive
Plan designates the subject property as Neighborhood Commercial. Page 111-14 thereof
describes the intended uses for this designation as small scale, neighborhood convenience
commercial uses and services primarily for residences of the adjacent neighborhood. The
proposed residential mini-storage facility would be compliant and compatible with the
following Comprehensive Plan goals and policies which are intended to guide
development decisions:
GOAL 3.8: Make commercial areas a desirable place to work and shop.
Policies:
3.8.2: Allow and encourage transitional uses or development, such as office,
ily or buffer areas, such as open spaces.
3.8.3: Avoid placing land uses that create excessive noise, unless the noise
level can be mitigated, in locations that are close to residences or other noise-
sensitive land uses.
GOAL 3.12: Provide small scale, neighborhood convenience commercial uses
and services, primarily serving residents of adjacent neighborhoods.
Policies:
3.12.1: A Neighborhood Commercial center will provide land uses for
businesses such as grocery stores, convenience stores, drug stores, restaurants
and small retail stores.
3.12.2: The typical size of a Neighborhood Commercial development is three
to ten acres and serves a population of 3,000 - 40,000 people.
David Hoeger 5
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
OF YAKIMA
PLANNING DIV
3.12.3: Neighborhood Co ercial uses shall be located at the intersection of a
principal arterial, minor arterial or collector arterial.
3.12.4: Neighborhood Commercial may be allowed when water and sewer
service, street improvements, traffic control devices, municipal services and
other development-related improvements are in place.
3.12.7: Neighborhood Commercial uses shall be located in areas that will
enhance, rather than hinder, the stability of residential areas.
(Exhibit A-1, pages 11, 16 and 17).
(2) Compliance and Compatibility with the Intent and Character of the Local
Business (B Zoning District. The proposal is also compliant and compatible with the
intent and ch, , cter of the B-2 zoning district expressed in C 15.03.020(F) to provide
areas for commercial activities that meet the small retail shopping and service needs of
the community and accommodate small-scale commercial uses that need a higher level of
visibility and easy access to major arterials. (Exhibit A page 9).
(3) Compliance with the Provisions Established in the Zoning Ordinance.
Standards noted as a result of the Development Services Team meeting held for this
proposal on November 12, 2013 are as follows:
(a) Codes comments were as follows:
(i) Since the main entrance to the proposed mini-storage unit is
from 80 Avenue, the proposed address for this project is 1102
South 80 Avenue.
(ii) The applicant shall show an additional fire hydrant installed in
a location approved by the City of Yakima Fire Department prior
to approval of the final site plan.
(b) Engineering comments were as follows:
David Hoeger 6
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
(i) This development is subject to Title 12 development standards
which include, but are not limited to, YMC Chapters 12.01, 12.02,
12.03, 12.04, 12.05, 12.06 and 8.64.
(ii) Curb, gutter and sidewalk are required to be constructed along
80 Avenue in accordance with YMC Chapters 12.05 and 12.06.
(iii) South 80 Avenue is classified as a Collector Arterial requiring
40 feet of right-of-way from centerline on this development's side of
the street.
(iv) Nob Hill Boulevard is designated in the West Valley
Neighborhood Plan as a Minor Arterial which is currently deficient
in right-of-way, and requires dedication of 40 feet of right-of-way
from the frontage of this development (depicted on the applicant's
November 26, 2013, site plan).
(v) Upon approval of this development, the applicant shall submit
engineering plans which meet the design standards of C
12.06.030 for Collector Arterials, for the construction of 80 Avenue
which includes road improvements and curb, gutter and sidewalk
that will be ed to meet the future alignment and dedicated width
of Nob Hill Boulevard.
(vi) A streetlight will need to be installed in an approved location at
the corner of 80 Avenue and Nob Hill Boulevard.
(vii) All proposed driveways shall be constructed per C Chapter
8.64 and the City of Yakima Standard Detail R4-Driveway
Approaches.
(c) Sto water comments were as follows:
(i) As this project involves clearing or grading one acre or more, a
Sto ' water Site Plan shall be required from the applicant.
(ii) Grading and/or building permits shall not be issued without an
approved Stormwater Site Plan.
(iii) Complete stormwater design plans, specifications, and runoff/
storage calculations supporting the stormwater design are required
David Hoeger 7
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
pursuant to the Eastern Washington Stormwater Manual and City of
Yakima standards. These plans and control measures must be
completed by a licensed Professional Engineer prior to construction.
(iv) UIC Registration — Stormwater: In accordance with Chapter 2
Section 24 of the December 2006 edition of the Department of
Ecology's Guidance for UIC Wells that Manage Stormwater,
Publication Number 05-10-067, Underground Injection Control
(UIC) wells constructed on or after February 3, 2006, are considered
new and must be registered with the Dep. ent of Ecology (DOE)
prior to construction. Therefore, if UIC wells are used in the
drainage design, the UIC wells must be registered with DOE and a
copy of the DOE UIC well registration form with a Professional
Engineer's stamp and signature for each well shall be delivered to
the City's Surface Water Engineer prior to permit issuance.
(d) Water comments were to the effect that this area lies within the service
area of Nob Hill Water.
(
be extended eW in as to t these m e two comments w
l sb e t the effect
there e that no e ot san t e a r is ry ra n c o i t required it e d
i e q s u i a n t y o
kind in this development.
(f) Streets and Traffic comments were to the effect that there are no specif-
ic traffic issues and that frontage improvements are required per the Engineering
Department's direction.
(Exhibit A-1, pages 3-4; Exhibits D-1 to D-9).
(4) Compliance with the Standards Established in the Zoning Ordinance. The
standards established in the zoning ordinance that are applicable to the proposed mini-
storage facility are as follows:
(a) Structure Setbacks: YMC 15.05.020(D) states that structure setbacks
are the minimum structure setbacks p u itted with Type (1) Review. In the
commercial districts, building setbacks provide visual cle: . ce along streets and
a :s for sitescreening and landscaping. Table 5-1 in C Chapter 15.05
specifies the following front, side and rear setbacks in the B-2 zoning district:
David Hoeger 8
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV,
(i) Front yard from a Collector Arterial street: 30 feet from the
centerline of the abutting street.
(ii) Rear yard from an abutting residential district: 20 feet from the
property line.
(iii) Side yard from an abutting residential district: 20 feet from the
property line.
(iv) Side yard setback from Min nr Arterial: 30 feet from centerline
of abutting street.
(b) M m Lot Coverage: YMC 15.05.020(C) states that maximum lot
coverage is the percentage of net land area of a site that can be covered with
structures and other impervious surfaces. In the commercial districts, maximum
lot coverage requirements are intended to promote development consistent with
the character of the district, protect setbacks and provide the opportunity to
integrate open space and landscaping plans into the design and placement of
structures and off-street parking. Table 5-1 in C Chapter 15.05 states that the
maximum lot coverage in the B-2 zone is 80%.
(c) M *m Building Height: YMC 15.05.020(F) states that maximum
building height is intended to maintain building heights compatible with the
character and intent of the district. The maximum building height in the B-2
zoning district is 35 feet.
(d) Street Right-of-Way Dedication: C 15.05.050 states that all new
development shall dedicate, where necessary, street right-of-way in conformance
with the standards in the County/City Subdivision Ordinance and the Arterial
Street Plan adopted in the Yakima Urban Area Comprehensive Plan.
(e) Parking Lots: C 15.06.100 states that lighting shall be provided to
ill inate any off-street parking or loading space used at night. When provided,
lighting shall be directed to reflect away from adjacent and abutting properties.
C 15.06.110(A) provides that all off-street parking lots or vehicle storage areas
having a capacity of three or more vehicles shall be paved with two-inch-thick
asphaltic surfacing on an aggregate base, or an equivalent surfacing acceptable to
the administrative official.
David Hoeger 9
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY Of YAKIMA
PLANNING DIV.
(f) Sitesereening: The purpose of C Chapter 15.07 is to establish site
screening standards to provide a visual buffer between uses of different intensity,
streets and structures; reduce erosion and storm water runoff; protect property
values; and eliminate potential land use conflicts by mitigating adverse impacts
from dust, odor, litter, noise, glare, lights, signs, water run-off, buildings or
parking areas. Provisions in C Chapter 15.07 provide the following site
screening standards for the proposed development within the B-2 zoning district
based upon the existing surrounding uses and the proposed use:
(i) North and east sides: sitescreening standard "A" consist" of a
10-foot-wide landscaped planting strip with trees at 20-foot to 30-
foot centers, which includes shrubs and groundcover (per C
15.07.060 entitled "Sitescreening along streets").
(ii) out and west sides: sitescre,ening standard "C" consisting of a
6400t-high, view-obscuring fence, made of wood, masonry block,
concrete, or slatted chain link material. (Table 7-1, including the
Residential Mini-Storage example).
(g) Additional or Incre. t Development Standards: YMC 15.10.030,
C 15.04.020(C), C 15.15.040(E) and C 15.02,020 provide that
additional or increased development standards may be required to insure or
promote compatibility with neighboring land uses and Comprehensive Plan
policies and to adequately resolve difficulties related thereto.
(Exhibit A-1, pages 5-6).
X. Whether the Review Criteria for Class 3 Uses Allow a Modified Sitese .nin
Standard to be Required to Promote the Compatibility of the Proposed Facility .
The applicant and Planning Division disagree as to what type of sitescreening should be
required along three sides of the proposed mini-storage facility. The findings relative to
this dis. - ement are as follows:
David Haeger 10
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(1) Sitescreening Options Recommended by the Planning Division. The site-
screening options recommended by the Planning Division were intended to allow a
choice between several sitescreening alternatives that exceed the sitescreening standards
prescribed by YMC Chapter 15.07 to be required in order to promote the compatibility
requirement for the proposed mini-storage use. The options are described as follows in
the Planning Division's recommended conditions of approval:
A. North property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H, K, I, and J" to provide an enclosed compound as
suggested in the applicants n. ative, 2) provide site screening "A"
along the N. property line, and 3) provide a decorative facade along the
backs of the buildings and roof which shields these metal features from
the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the N. property line, and 2) install a decorative facade along the
back and sides of the proposed mini-storage building shielding the metal
features from view of the abutting residential uses; or
c. Install a dense vegetative screen made of arborvitae or other evergreen
plants which obscures the mini-storage units from view of the abutting
residential uses.
13. South property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H, K, I, and J" to provide an enclosed compound as
suggested in the applicants narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal
features from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall
along the property line, and 2) install a decorative facade along the
David Hoeger 11
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
backs and sides of the proposed mini-storage building shielding the
metal features from view of the abutting residential uses; or
c. 1) Install a 6-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen
made of arborvitae or other evergreen plants which obscures the backs
of the mini-storage units from view of the abutting residential uses.
C. West property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H, K, I, and J" to provide an enclosed compound as
suggested in the applicants n, ative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal
features from the view of the abutting residential uses; or
b. Provide a six-foot high decorative masonry, stone, or stucco wall along
the property line, and 2) install a decorative facade along the backs and
. Install a 6-foot of the high phosehdvic'wni-csbtosrcaugrienbg fence meeting m site in
shielding the
v
features
view of the abutting residential uses; or
c
and 2) Install additional vegetation to create a dense vegetative screen
made of arborvitae or other evergreen plants which obscures the backs
of the mini-storage units from view of the abutting residential uses.
(Exhibit A pages 18
(2) Planning Division's Authority for Recommending Sitescreening Options.
The Planning Division cited the following authority for requiring its recommended
sitescreening options:
(a) Class (3) use review criteria set forth in C 15.04.020(C) authorize
the H- g Examiner to approve, deny or impose conditions on the proposed land
use and site improvements to promote compatibility with the intent and character
of the district and the policies and development criteria of the Yakima Urban Area
Comprehensive Plan.
David Hoeger 12
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(b) Class (3) use review criteria set forth in C 15.15.040(E) provide in
part that the Hearing Ex. iner's findings shall demonstrate that the decision
complies with the objectives of the Yakima Urban Area Comprehensive Plan.
(c) The definition of a Class (3) use in C 15.02.020 states in pertinent
part that such uses are generally incompatible with adjacent and abutting property
because of their size, neighborhood character or for other reasons, but that they
may be compatible with other uses in the district if they are properly sited and
designed and may be permitted by the Hearing Examiner when he determines that
difficulties related to the compatibility and the Yakima Urban Area Comprehen-
sive Plan policies have been adequately resolved.
(d) Compatibility is defined in C 15.02.020 as meaning the character-
istics of different uses or developments that permit them to be located near each
other in h. ony, with or without special mitigation measures.
(e) C 15.10.030 entitled "Special Conditions of Approval Authorized"
states that the development standards and other conditions for approval specified
in this Title are not a limitation on the authority of a reviewing official to impose
additional or greater requirements as conditions of approval on any use,
development or modification being reviewed. Except as otherwise expressly
provided, any reviewing official may impose conditions to:
(i) Accomplish the objective and intent of any development stan-
dard or criteria for approval set forth in this Title;
(ii) Mitigate any identified specific or general negative impacts of
the development, whether environmental or otherwise;
(iii) Insure compatibility of the development with existing neigh-
boring land uses;
(iv) Assure consistency with the intent and character of the zoning
district involved; or
(v) Achieve and further the expressed intent, goals, objectives, and
policies of the Yakima Urban Area Comprehensive Plan and the
Yakima Urban Area Zoning Ordinance.
David Hoeger 13
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
(f) The Planning Division's position is that the recommended sitescreening
options must be implemented in order for the proposed mini-storage facility to
comply with the following Comprehensive Plan policies:
(i) Policy 3.8.1: Commercial uses and developments should be
designed to be compatible with surrounding land uses, especially to
avoid encroachment into residential areas.
(ii) Policy 3.8.5: Ensure compatibility between commercial struc-
tures and adjoining residential uses. Require commercial structures
to use building scale, roof style, and building materials similar to, or
compatible with, the adjoining residential structures.
(iii) Policy 3.8.6: Commercial uses adjacent to residential areas
should use effective landscape buffers with living plant vegetation
such as evergreen trees, bushes, open space or other design controls
to minimize noise, glare, and other impacts associated with
commercial land use to ensure that their location will not adversely
affect the residential areas.
(iv) Policy 3.12.5: Adequate buffering shall be provided between
adjacent residential land uses.
(v) Policy 3.12.8: The predominant uses of Neighborhood
Commercial shall be small-scale business that will not have
significant adverse impacts on adjacent neighborhoods.
(g) The Pl. ing Division recommends that absent sitescreening in
accordance with the options it describes, the application should be denied.
(Exhibit A-), pages 4, 5, 7, 9, 10, 12, 16 and 17).
(3) Applicant's Arguments in Opposition to Planning Division's Recom-
mended Sitescreening Options. The applicant opposed the Planning Division's
recommended sitescreening options as strenuously as the Planning Division
recommended them. The applicant's contentions may be summarized as follows:
David Hoeger 14
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003 -13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
(a) The purpose and design of the proposed mini-storage facility is
compatible with the area. The business model for the proposed facility is to take
care of people. The applicant worked hard with Mr. Peters to revise the site plan
and talked with most neighbors. The neighbors approve. There will be little noise
and little traffic. The existing residence on the property will be demolished. The
number of proposed storage units was reduced in order to comply with the 20-foot
rear setback standard. There will be 11 separate buildings. (Exhibit B The
kiosk will be open 24/7 and the storage units themselves from 7 a.m. until R p.m
There are 17 security lights shown on the site plan. They will be mounted at a
height of about 10 to 12 feet and the lighting will be directed downward. (Exhibit
H The clock tower will have a height of about 22 feet and the rest of the
buildings a height of about 12 to 15 feet with roofs that will pitch to the outside.
There will be no office. Any temporary outdoor vehicle storage will be on the
requisite paved surface.
(b) The mobile home park across South 80 Avenue east of the proposed
site is not completely sitescreened with arborvitae. Arborvitae screening for the
north property line of the mobile home park is lacking in places along Nob Hill
Boulevard east of South 80 Avenue. (Exhibit H-I, 1 photo entitled "View SOUTH
on 80 Ave" and 2 photos entitled "EAST Mobile Home Park"). Arborvitae
screening for the west property line of the mobile home park along South 80
Avenue is also lacking in places south of the proposed site. (Exhibit H 1 photo
entitled "View NORTH on 80 Ave" and 5 photos entitled "EAST Mobile Home
Park"). The mobile home park is completely sitescreened with arborvitae directly
across South 80 Avenue to the east of the proposed site (Exhibit H 1 photo
entitled "EAST Mobile Home Park").
(c) The site plan showing a 10-foot-wide gravel/drain rock drainage swale
on the north side of the proposed facility along Nob Hill Boulevard would not
conflict with the landscaping plan for standard "A" sitescreening in that location
as indicated in the staff report. (Exhibit A page 13, item #1). The intent was to
provide in that area a 10-foot-wide area combining a gravel/drain rock drainage
swale with the standard "A" sitescreening described section 10 on page 6 of the
staff report. Examples of that type of standard "A" sitescreening exist in various
locations within the City of Yakima. (Exhibit H 12 photos entitled
"Combination landscaping/drainage example" and I photo entitled "Evergreen
sitescreening example'). Subsequently, at the hearing, the applicant proposed
David Hoeger 15
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
using sitescreening standard "B" without sitescreening "A" in that location even
though it will eventually be adjacent to Nob Hill Boulevard when that street is
extended westward from South 80 Avenue. Specifically, sitescreening standard
"B" would be used next to the back walls of buildings "H" and "K" on the north
side of the site which would be included in Phase 1 in addition to buildings "A,"
"B," "C" and "D." Standard "B" next to the back walls of the two buildings
would consist of a 3-foot-wide planting strip that will create a living evergreen
screen that is at least 6 feet in height within 3 years. There would be landscape
rock without any plantings in the 10-foot-wide drainage swale no of that
adjacent to the future extension of Nob Hill Boulevard. That sitescreening would
not immediately obscure the mini-storage units from view as recommended by the
Planning Division or include any sitescreening standard "A" plantings in the 10-
foot-wide landscape rock drainage swale. Such plantings are required by C
15.07.060 along a collector or local access street and are recommended by the
Planning Division in the landscape rock drainage swale that will someday be along
the future extension of Nob Hill Boulevard in this area. (Exhibit A-1, page 18,
subsection 2 (A)(c)).
(d) The applicant will provide sitescree g standard "A" on the east side
of the site along South 80 Avenue which is the prescribed standard for that
location and is acceptable to the PI: I ing Division with the decorative retail-type
facades there, the least amount of "mass" there, and the aesthetically pleasing
design of the buildings to that side. (Exhibit B-3,. Exhibit E-3, section B of
Class 3 Review Narrative).
(e) The appli t proposes to provide sitescreening standard "C" consist-
ing of slatted chain link fencing along the west and south property lines with
additional standard "B" sitescreening inside the fence along the west 70 or so feet
of the south property line where the building setback from the adjacent R-1 zoning
district would be 5 feet rather than 20 feet per the requested Administrative
Adjustment. The additional standard "B" sitescreening for that approximate 70
feet would consist of a 34bot-wide Ii g evergreen screen that would be at least 6
feet in. height within 3 ye (Exhibit B3 large site plans).
(f) There is no neighborhood objection to the proposed mini-storage
facility. Single-f ily residences are Class (3) uses in the Local Business (B-2)
David Hoeger 16
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
zoning district. The residence to the south of the proposed site is 220 feet from the
site. (Exhibit H 2 photos entitled "View SOUTH of Property").
(g) The proposed residential mini-storage facility will comply with all the
Comprehensive Plan policies. It will be compatible with surrounding land uses
per Policy 3.8.1, will have building materials similar to adjoining residential
structures per Policy 3.8.5 and will have effective and adequate buffering from
residential uses per Policy 3.8.6 and 3.12.5 as shown by 10 photographs of
surrounding buildings that have metal roofs and/or walls. (Exhibit H 10 photos,
3 entitled "SOUTH Neighbor," 2 entitled "WEST Neighbor," 2 entitled "NORTH
Neighbor," and 3 entitled "EAST Mobile Home Park"). It will not have
significant adverse impacts on adjacent neighborhoods as shown by 4 photographs
of commercial buildings at South 80 Avenue and Wide Hollow Road and 2
photographs of commercial buildings in the greater neighborhood. (Exhibit 11 4
photographs entitled "Neighboring Businesses," 1 photograph entitled ''Example
of metal used in commercial construction (HAPO)" and 1 photograph entitled
"Example of metal used in commercial construction (Walmart)').
(h) Phase 2 would be constructed as needed. It will take 2 years to
complete Phase 1 and an additional 5 years to complete Phase 2.
(4) Hearing Examiner's Findings Relative to Sitescreening Issues Presented
at the Hearing. The Hearing Examiner makes the following findings relative to the
sitescreening disagreements involved in this matter:
(a) The City Council adopted the City's zoning ordinance which classifies
residential mini-storage facilities as Class (3) uses in the Local Business (B-2)
zoning district. In adopting the zoning ordinance, it declared such Class (3) uses
to be generally incompatible with adjacent and abutting property because of their
size or other reasons. It further required that difficulties related to their
compatibility and Comprehensive Plan policies be adequately resolved before they
are approved. These provisions in the definition of Class (3) uses in C
15.02.020 create a presumption or an inference which requires an applicant to
adequately resolve difficulties that are related to compatibility or Comprehensive
Plan policies due to the size of a Class (3) use. Along the same lines, C
15.04.020(C) allows said uses to either be denied or conditioned to promote
David Hoeger 17
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
OF YAKIMA
PLANNING DIV
compatibility with the character of the district and Comprehensive Plan policies.
The definition of "compatibility" in C 15.02.020 also states that special
mitigation measures may be imposed. C 15.10.030 states that development
standards specified in the zoning ordinance are not a limitation on the authority of
a reviewing official to impose additional or greater requirements as conditions of
approval of any use or development. That section states that such additional or
greater requirements may be imposed to accomplish the intent of any development
standard, to mitigate any specific or general environmental or other negative
impacts of a development, to insure compatibility of the development with
existing neighboring land uses, and to further policies of the Comprehensive Plan.
(b) Even though the residences on nearby properties are generally of lower
quality construction and architectural design, their residents are entitled to the
s. e compatibility and Comprehensive Plan protections as residents of new
residences and owners of new commercial uses that will be constructed on the
nearby properties in the future.
(c) The size of the proposed facility raises at least a concern about its
compatibility with other uses nearby, especially existing or future new residential
uses which are now present or could be built in the future. The size of the solid
walls of the facility would be about 11 feet high and a total of 335 feet long on the
north, 275 feet long on the west and 350 feet long on the south. These type of
walls create a solid mass that are not broken up by the type of decorative facades
or design features which make the east side of the facility compatible with its
surroundings and with Comprehensive Plan policies through the use of standard
"A" sitescreening. A 10-foot-wide landscaped planting strip with trees at 20-foot
to 30-foot centers, which includes shrubs and groundcover, will be effective
sitescreening along the east side of the facility because of the design of the
buildings along that side.
(d) The Planning Division's concern for compatibility with existing and
future residential and commercial uses near the proposed facility is understandable
and justified for the north, west and south sides of the proposed facility. None of
the nearby uses have such long metal walls with the unbroken metal mass that the
proposed walls will have. Those walls will be unique in the immediate area. They
cannot be improved in appearance without decorative facades or evergreen
plantings as tall as the walls. Six-foot-high chain link fencing with slats
David Hoeger 18
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB .7 G 2014
CITY V YAK M#
PLANNING DIV
(sitescreening standard "C") would not obscure the mass and the expanse of those
walls. It would merely create another to uninterrupted mass or expanse the
wotild not be a .ctive, especially if painted with graffiti, and would only screen
about orte-half the heiglit of the walls. On the other hand, evergreen plantings near
the walls could within several year completely obscure the walls and dispense
with die need for slatted cyclone fericirig to be irtstalled for sitesereening or
security purposes. As a practical matter, it would take several ye. to achieve
the desired effect because the evidence at the hearing waq to the effect that
arborvitae in excess of 4 feet in height et ot be obtained, especially in the
number needed for this pmposal. The evidence was also to the effect that
arborvitae grow about I to I '/2 feet per y- ; . Since none of the current neighbors
expressed concern about the proposed sitescreenhig, allowing several years for
arborvitae or other evergr plantings that are initially 4 feet in height to
completely obscure the walls on the north, west and south sides should adequately
protect the interests of the present and future residents of the area relative to the
visual impacts of the large walls. The building walls themselves would serve to
keep the facility secure. The evergreert plantings next to the walls would obscure
them by means of a type of sitescreening that would not likely be painted with
gratliti. The effectiveness of sitescreerting by means of evergreen plantings rather
than by means of a 6-foot-high cyclone fence with slats can be seen in the
appIcant's photoy tphs. (Exhibit H-I, 2 photos entitled "Evergreen sitescreening
example" and 1 photo entitled "EAST Mobile Home Park" showing the arborvitae
directly east of the site across South 80 Avenue). The difference in the
effectiveness of these two types of sitesereening for a mini-storage facility can
also be seen in the &Teeter neighborhood where mini-storage facilities at Tieton
Drive and South 76 Avenue and on South 96 Avenue between Walnut and
Chestnut Avenues utilize of types of sitescreening.
(e) It is not possible to approve the mini-storage complex application
conditioned upon its having a building scale similar to adjoining residential
structures per Comprehensive Plan Policy 3.8.5. But it is possible to approve the
apgdication conditioned upon mitigating the visual impacts of its building scale by
mel of effective landscape buffers with living plant vegefttion such as
everg trees to minimize those visual impacts per Coirtprehensive Plan Policy
3.8.6. The Planning Division's reco ended options for sitescree g the long
solid walls of the large complex on three sides would mitigate visual impacts
David Hoeger 19
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; AIN #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
resulting from the size and design of the three walls and further other
Comprehensive Plan policies in the absence of any better alternatives.
(f) At the hearing, the Hearing Ex iner suggested that the buildings
around the outside of the complex be built as part of Phase 1. Those are buildings
"A," "B," "H," "K," "I" and "J." They comprise 15,525 square feet which is less
than the 16,700 square feet initially proposed for Phase 1 that would result from
constructing buildings "A," "B," "C" and "D." That way the complex would be
self-contained and the walls themselves could serve security functions without a
need for any fencing for security or sitescreening purposes. Sitescreening of the
large expanse of the walls on three sides could be achieved by arborvitae or other
evergreen plantings at least 4 feet tall when planted next to the buildings on the
north, west and south sides. They could be allowed to grow to the roof over a
number of years. This would save the expense of slatted cyclone fencing at any
location along the north, west or south sides of the site The reaction to that
suggestion was that the buildings could not be redesigned to achieve the variety of
building sizes initially needed for a successful operation by taking that approach.
(g) Recognizing that a mix - of building widths in Phase 1 would be
desirable to provide storage unit size choices needed for an economically viable
project, the Hearing Ex, iner notes that the identical mixture of different building
widths and square footage as was proposed by the applicant at the hearing could
be achieved by switching the location of building "C" with building "G" and
constructing the easterly and the northernmost buildings first with the use of
temporary, slatted cyclone construction fencing for security and sitescreening
purposes that could be moved southward as the construction progressed. Some
driveways and buildings would have to be moved 5 feet north for that purpose, but
the identical mix of different building widths as proposed at the hearing by
including buildings "A," "B," "C," "D," "H" and "K" totaling 20,050 square feet
in Phase 1 would result from including buildings "A," "B," "H," "K," "C" (in the
location shown as building "G" on the site plan) and "F" totaling 20,050 square
feet in Phase 1. If for some reason the location of those buildings could not be
switched, constructing the east and northernmost buildings shown on the site plan
M Phase 1 would also result in a mixture of building widths that would total
21,525 square feet for buildings "A," "B" "H," "K," "G" and "F."
David Hoeger 20
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(h) Evidence was not presented at the hearing as to whether permanent
cyclone fencing around the west and south sides of the property would make the
site more secure during construction than temporary construction fencing.
Members of the general public who rent storage units will have access to the area
that is within either type of fencing. Utilizing an alternative for security other than
permanent cyclone fencing around the west and south sides of the property prior to
completion of the complex would ultimately result in the type of compound
described in the annlication. The finished complex would have 1 1-foot-hi walls
rather than 6-foot-high fencing for security and would have arborvitae next to the
back of the north, west and south walls to serve as graffiti-free visual sitescreening
of the expansive walls without the need for any permanent cyclone fencing at any
location on those sides. If for some reason temporary slatted cyclone construction
fencing or another method of securing the construction site could not be utilized
and permanent cyclone fencing around the entire west and south sides would be
needed for security, then it would be that need for security rather than the need for
effective sitescreening that would require the applicant to incur that expense for
cyclone fencing in addition to the expense of effective sitescreening measures.
(h) There may be other alternatives for phasing, design or construction that
better serve the needs of the applicant while providing the type of effective
sitescreening for the uniquely expansive walls which the Planning Division
recommends be addressed for this proposal. For that reason, this decision will
leave room for other mutually agreeable sitescreening and/or phasing alternatives
to be included in a development agreement without the necessity of re ing to
the Hearing Ex, iner for approval of those details.
(i) Absent agreement otherwise, the Hearing Examiner prescribes the
following additional sitescreening option for the north side of the proposed
residential mini-storage facility in addition to those recommended by the Planning
Division: d. Install a dense vegetative screen made of arborvitae or other
evergreen plants which are initially at least 4 feet in height near the back wall of
the two mini-storage buildings promptly after they are completed and which are
allowed to grow to a height that obscures the wall of the buildings from view of
the abutting residential uses, and include plantings acceptable to the Planning
Division in the 10-foot-wide landscape rock drainage swale prior to approval of
the building permit for the final building or promptly upon the extension and
David Hoeger 21
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
improvement of Nob Hill Boulevard to City standards along the site if that occurs
prior to issuance of the final building permit.
0) Absent agreement otherwise, the Hearing Examiner prescribes the
following additional sitescreening option for both the west and south sides of the
proposed residential mini-storage facility in addition to those recommended by the
Planning Division: d. Install a dense vegetative screen made of arborvitae or
other evergreen plants which are initially at least 4 feet in height near the back
wall of the mini-storage building promptly after it is completed and which are
allowed to grow to a height that obscures the wall of the building from view of the
abutting residential uses.
(k) If the applicant and Planning Division mutually agree to a greater
number of buildings in Phase 1 than proposed before or during the hearing, a time
period longer than 2 years may be prescribed in the development agreement for
completion of Phase 1 without returning to the Hearing Examiner for approval of
that detail.
XL Administrative Adjustment. YMC 15.10.020 provides flexibility by allowing
certain development standards in YMC Chapters 15.05 through 15.08 to be
administratively adjusted. A particular standard may be reduced or modified so long as
the reviewing official determines that the adjustment is consistent with the purpose of the
zoning ordinance, is consistent with the intent and purpose for the standard and will
accomplish one or more of five objectives. The five criteria listed in C 15.10.020
apply, or do not apply, to the proposal in the following ways:
(1) Allow buildings to be sited in a manner that maximizes solar access: This
criterion does not apply. It is not the purpose of the proposed residential mini-storage
facility to maximize solar access to the facility or to any other building.
(2) Allow zero lot line or common wall construction in conformance with the
provisions of this title: This criterion does not apply since no zero lot line construction
is proposed.
David Hoeger 22
Residential Mini-Stor: le Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
FEB 0 6 2014
RECEIVED
OF YAKIMA
PLANNING GIV
(3) Coordinate development with adjacent land uses and physical features:
The requested side setback adjustment along the western portion of the south property
line which abuts R-1 zoned property would coordinate development with adjacent land
uses by providing increased landscaping that is acceptable to the City Planning Division
and by allowing the mini-storage building to be constructed in a straight line along the
south property line. This would prevent a 20-foot jog to the north in the building which
would create a 20-foot-wide strip of property behind the building about 55 feet in length
that would require regular maintenance in an area that would he difficult to enecc. The
total length of the adjustment would be about 70 to 75 feet from the west property line
even though no building is proposed for the westernmost 20-foot rear setback area.
Allowing the adjustment would allow construction of the proposed self-contained design
which would direct all negative impacts inward and would buffer the proposed facility
from surrounding uses along that portion of the south property line by means of an
effective type of sitescreening.
(4) Permit flexibility of design and placement of structures and other site
improvements: The requested side setback adjustment would permit flexibility of
design and structures because the location of the building anywhere but within the
setback area would result in a break in the buffer that the proposed building would
otherwise provide. A 20-foot jog to the north in the southernmost building would also
create a severe internal design problem for the interior buildings and driveways which
serve the majority of the facility.
(5) Allow development consistent with a specific sub plan: This criterion
does not apply since the purpose of this requested side setback adjustment is not to
comply with a provision of a sub-area plan.
Therefore, the requested south side setback reduction from 20 feet to 5 feet along
the western portion of the south property line which abuts the R-1 zoning district should
be allowed because it would be consistent with the p s se of the B-2 zoning district set
forth in C 15.05.020(F) to allow commercial activities that meet the service needs of
the community. Allowing the requested adjustment would also be consistent with those
purposes of setback requirements detailed in C 15.05.020(D) for the B-2 zoning
district because it would not interfere with visual clearance along streets and would still
David Hoeger 23
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV
all areas for sitescreening and landscaping. Finally, as noted above, allowing the
requested adjustment would accomplish two of the five listed objectives for an
Administrative Adjustment even though only one of those objectives must be served in
order to allow the adjustment,
(Exhibit A pages 3 and 16; Exhibit E
XII. Consistency of the Proposed Use with Development Regulations and the
Comprehensive Plan. Compliance with the consistency criteria in Section 16.06.020B
of the Yakima Municipal Code is determined by consideration of the following factors:
(1) The types of land uses pe itted at the site. The proposed residential mini
-
storage facility is a Class (3) use in the B-2 zoning district which is permitted at the site if
the criteria for approval of a Class (3) use with the requested setback Administrative
Adjustment are satisfied, which is the case here if the conditions of approval required by
this decision are satisfied.
(2) The density of residential development or the level of development such
as units per acre or other measures of density. Residential density is not being
increased and the proposed residential mini-storage facility will be otherwise consistent
with density regulations for the B-2 zoning district since the Administrative Adjustment
criteria are satisfied for the requested setback adjustment.
(3) The availability and adequacy of infrastructure and public. facilities.
Infrastructure and public facilities are available and adequate for the proposed residential
mini-storage facility.
(4) The characteristics of the development relative to applicable development
regulations. Since the criteria are satisfied for approval of the requested setback
adustment, the proposed residential mini-storage facility, as conditioned, would be
consistent with applicable development regulations.
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner concludes as follows:
David Hoeger 24
Residential Mini-Storage Fac i I ity
8102 West Nob Hill Boulevard
CL3 #003-13; AIN #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV.
(1) The Hearing Ex. s iner has jurisdiction to approve Class (3) use applications
and Administrative Adjustments under the circumstances prescribed by the zoning
ordinance, which circumstances warrant approval of this application with a setback
Administrative Adjustment, subject to the conditions set forth below.
(2) Public notice requirements have been satisfied.
(1) A nPtimr;n-ti^n efNcrsignifiencews issued on December 30, 2013, which
became final without an appeal.
(4) Transportation Concurrency review under C Chapter 12.08 found that the
proposal will not exceed the PM Peak Hour capacity of the City's arterial street system
and that reserve capacity will exist on all impacted arterial streets.
(5) The proposed residential mini-storage facility with a setback Administrative
Adjustment to the west 70 or so feet of the south property line which abuts the R-1
zoning district can be adequately conditioned by the conditions set forth below so as to
ensure compatibility, compliance and consistency with the policies, objectives and
standards of the Comprehensive Plan and with the intent, the character, the provisions
and the development standards of the zoning district and of the zoning ordinance,
including the Administrative Adjustment provisions thereof.
(6) This decision entitles the applicant to a Certificate of Zoning Review subject
to time limitations for completion of both phases prescribed by this decision or prescribed
otherwise in agreed provisions of a development agreement.
(7) This decision may be appealed to the Yakima City Council within the time
and in the manner required by applicable City ordinances.
DECISION
The proposed residential mini-storage facility with the requested Administrative
Adjustment to allow a 5-foot rather than 20-foot setback for the 70 or so feet along the
Single-Family Residential (R-1) zoning district abutting the site on the south as described
David Hoeger 25
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
CITY OF YAKIMA
PLANNING DIV,
in Class (3) use application CL3 #003-13, in PJ #006-13 and in SEPA #020-13 is
APPROVED, subject to the following conditions:
(1) The applicant shall satisfy all applicable Urban Area Zoning Ordinance,
building code and fire code requirements.
(2) In order to resolve difficulties involved in approving a use that is generally
considered to be incompatible at its proposed location, particularly a use that would have
a much larger building scale and much longer metal walls than single-family residences
on neighboring properties, one of the following sitescreening options shall be shown for
each of the three sides of the proposed complex on a revised site plan and described in
detail in either a landscaping plan or a sitescreening plan or a combination of both,
whichever is applicable, in a manner that is acceptable to the Planning Division:
A. North property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I" and "J" to provide an enclosed compound as
suggested in the applicant's n. ative, 2) provide site screening "A" along
the north property line, and 3) provide a decorative facade along the backs
of the buildings and roof which shields these metal features from the view
of the abutting residential uses; or
b. Provide a six-foot high decorative masonry, stone, or stucco wall along the
north property line, and 2) install a decorative facade along the back and
sides of the proposed mini-storage building shielding the metal features
from view of the abutting residential uses; or
c. Install a dense vegetative screen made of arborvitae or other evergreen
plants which obscures the mini-storage units from view of the abutting
residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
two mini-storage buildings promptly after they are completed and which
are allowed to grow to a height that obscures the wall of the buildings from
view of the abutting residential uses, and include plantings acceptable to the
Planning Division in the 10-foot-wide landscape rock drainage swale prior
David Hoeger 26
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVED
FEB 0 6 2014
t.:1 FY OF YAKIMA
PLANNING DIV.
to approval of the building permit for the final building or promptly upon
the extension and improvement of Nob Hill Boulevard to City standards
along the site if that occurs prior to issuance of the final building permit.
B. South property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I" and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along
the property line, and 2) install a decorative facade along the backs and
sides of the proposed mini-storage building shielding the metal features
from view of the abutting residential uses; or
c. 1) Install a six-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen made
of arborvitae or other evergreen plants which obscures the backs of the
mini-storage units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
mini-storage building promptly after it is completed and which are allowed
to grow to a height that obscures the wall of the building from view of the
abutting residential uses.
C. West property line:
a. The applicant shall: 1) reorder the construction of Phase 1 to include
buildings "H," "K," "I," and "J" to provide an enclosed compound as
suggested in the applicant's narrative, and 2) provide a decorative facade
along the back of the buildings and roof which shields these metal features
from the view of the abutting residential uses; or
b. 1) Provide a six-foot high decorative masonry, stone, or stucco wall along
the property line, and 2) install a decorative facade along the backs and
sides of the proposed mini-storage building shielding the metal features
from view of the abutting residential uses; or
David Hoeger 27
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEIVE
FEB 0 6
CITY YAKM4 A
PLANNING DIV
c. 1) Install a 6-foot high view obscuring fence meeting site screening "C",
and 2) Install additional vegetation to create a dense vegetative screen made
of arborvitae or other evergreen plants which obscures the backs of the
mini-storage units from view of the abutting residential uses; or
d. Install a dense vegetative screen made of arborvitae or other evergreen
plants which are initially at least 4 feet in height near the back wall of the
mini-storage building promptly after it is completed and which are allowed
to grow to a height that obscures the wall of the building from view of the
abutting residential uses.
(3) In the event that false windows are used, they shall be incorporated with a
black background rather than traditional white, and a lighting plan detailing the lighting
that will be utilized in a m. er acceptable to the Pl. ing Division shall be submitted.
(4) In the event the temporary vehicle storage is still sought, the vehicle storage
shall only be allowed upon paved portions of the proposed mini-storage development.
(5) Access to the kiosk for the facility may be allowed 24 hours per day every day
of the week. Access to the storage units themselves may only be allowed during hours
prescribed by the owner that are between 7 a.m. and 8 p.m. every day of the week.
(6) Complete stormwater design plans, specifications and runoff/storage
calculations supporting the sto :ter design are required pursuant to the Eastern
Washington Stormwater Manual and City of Yakima standards. A stormwater site plan
shall be submitted to the City of Yakima Surface Water Engineer prior to permit
issuance.
(7) Prior to permit issuance, the applicant shall revise the submitted site plan to
correctly incorporate all required Title 12 development and fire access requirements
which include without limitation curb, gutter, sidewalk, street lighting, the required type
of pavement for the fire access lane and the required or agreed type of sitescreening for
the facility.
David Hoeger 28
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13
RECEiVED
FEB 0 6 2014
CITY OF YAKIMA
PLANN/NG 01V
(8) Prior to pe it issuance the applicant shall dedicate the required right-of-way
for Nob Hill Boulevard and South 80 Avenue to the City of Yakima as directed by the
City of Yakima Engineering Division.
(9) A final site plan shall be submitted to the Planning Division prior to issuance
of any development permits which incorporates all conditions that are stated herein or are
otherwise established by mutual agreement of the applicant and Pl. ing Division.
(10) Phase 1 of this development shall be completed within two (2) years from the
date of issuance of the Certificate of Zoning Review for this proposal, and Phase 2 of this
development shall be completed within five (5) additional years thereafter, or within a
total of seven (7) years from the date of issuance of the Certificate of Zoning Review for
this proposal. If the applicant and Planning Division mutually agree to a greater number
of buildings in Phase 1 than proposed before or during the hearing, a time period longer
than two (2) ye. may be prescribed in the development agreement for completion of
Phase 1 without returning to the H •ng Ex: finer for approval of a different time
period. The approval and authority for any construction not completed within the
prescribed time periods shall expire and be of no further force and effect unless the City
within its sole and absolute discretion approves one or more extensions prior to the
expiration of either time period.
(11) The applicant shall enter into a development agreement with the City of
Yakima detailing conditions of approval; provisions of applicable building, zoning and
other city codes; phasing details for the buildings in the development project; and any
additional mutually agreeable requirements applicable to the development. The develop-
ment agreement may include revisions to the conditions prescribed by this decision if
those revisions . - mutually agreed to by the City of Yakima and by the applicant.
Absent such agreement, the conditions herein prescribed shall be included in the
development agreement.
DATED this 6 day of February, 2014.
4b74" •
Gary M. Cul 1 . her, Hearing Examiner
David Hoeger 29
Residential Mini-Storage Facility
8102 West Nob Hill Boulevard
CL3 #003-13; ADJ #006-13