HomeMy WebLinkAboutR-2001-081 Acceptance of Terry M. Klepping Appeal AgreementRESOLUTION NO. R-2001- 81
A RESOLUTION granting, on the basis of an agreement among interested parties,
the appeal (UAZO#1-01) by Terry M. Kleppin regarding hours of
operation approved in the Hearing Examiner's February 13, 2001,
Decision approving, subject to certain conditions, several different
uses of property at the west of South 32nd Avenue along the south
side of West Nob Hill Boulevard.
WHEREAS, on February 28, 2001, Mr. Terry M. Kleppin appealed (UAZO#1-01) the
hours of certain operations approved in the Hearing Examiner's February 13, 2001,
Decision (Examiner No. IU00-1-27, UAZO) approving, subject to certain conditions, the
Master Application by Craig Schultz Construction, Inc. (UAZO CL (3) #11-00, UAZO
CL (2) #30-00; ADM. ADJ. #27-00; EC #25-00) for several different uses of property west
of South 32nd Avenue along the south side of West Nob Hill Boulevard; and
WHEREAS, on April 3, 2001, the City Council considered Mr. Kleppin's appeal at a
closed -record hearing; and
WHEREAS, after hearing the statements of interested persons including among others
Mr. Kleppin, the appellant, Mr. Dale Smasne, who owns the property at the southwest
corner of South 32nd Avenue and West Nob Hill Boulevard, and who will acquire a
portion of the adjacent parcel to the west to establish the planned site for the planned
convenience store and fuel filling station, Mr. Gordon Chin, and Mrs. Jan Woolen, the
City Council continued the closed -record hearing with direction to City Staff to confer
with interested persons to attempt to establish a mutually agreeable resolution of their
interests in Mr. Kleppin's appeal and Mr. Smasne's proposed convenience store and
motor vehicle fuel filling station; and
WHEREAS, on April 12, 2001, City staff met with interested persons including, Mr.
Kleppin, Mr. Smasne, Mr. Chin and Mrs. Woolen to explore the possibility of a
mutually agreeable resolution of their interests; and
WHEREAS, interested parties present at the April 12 meeting agreed to resolve their
interests on the following terms
The proposed convenience store may be open to the public only from
5:00 a.m. to 12:00 a.m.
The proposed fuel pumps may be available to the public on a 24-hour basis,
provided that, from 12:00 a.m. to 5:00 a.m., when the convenience store shall
be closed, fuel purchases shall be paid only by automated electronic process
at the pump.
The height of the required wall (see Hearing Examiner's decision, page 11,
condition 5) shall be increased from 6 feet to 8 feet along the south line only of
both the property Mr. Smasne presently owns and that which, according to
the record, he plans to acquire as the site of the proposed convenience store
and fuel filling station.
The landscape island planned for the southwest portion of Mr. Smasne's
property shall be relocated to the south to restrict traffic from driving
between South 32nd and South 341h Avenues via the access way.
Deliveries to the property on which Mr. Smasne plans to develop a
convenience store and fuel filling station shall be prohibited between the
hours of 6:00 p.m. and 5:00 a.m.
• City staff shall contact the refuse hauler to establish garbage pick-up for the
new commercial activities during daytime hours after 8:00 a.m.
WHEREAS, it is appropriate to grant Mr. Kleppin's appeal on basis of the terms stated
above to which the interested parties agreed; now, therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The appeal filed by Terry M. Kleppin (UAZO#1-01) of hours or operation approved in
the Hearing Examiner's February 13, 2001, Decision (Examiner No. IU00-1-27, UAZO)
approving the Master Application by Craig Schultz Construction, Inc. (UAZO CL (3)
#11-00, UAZO CL (2) #30-00; ADM. ADJ. #27-00; EC #25-00), subject to certain
conditions, several different uses of property at the west of South 32nd Avenue along the
south side of West Nob Hill Boulevard is granted on the following terms:
1. The terms of this resolution and any land use approval subject to this
resolution apply to the corner lot Mr. Dale Smasne presently owns at the
southwest corner of West Nob Hill Boulevard and South 32nd Avenue, and
the strip of property approximately 30 feet wide immediately west of Mr.
Smasne's corner lot, which, according to the record, he plans to acquire to
form the site of the convenience store and fuel filling station he has
proposed to develop. The properties comprising the site shall be referred
to as the "Project Property."
2. The Hearing Examiner's February 13, 2001, Decision (Examiner No. IU00-
1-27, UAZO) is final and shall be enforced except to the extent it is
inconsistent with the following terms:
a) The proposed convenience store may be open to the public only
from 5:00 a.m. to 12:00 a.m.
b) The proposed fuel pumps may be available to the public on a 24-
hour basis, provided that, from 12:00 a.m. to 5:00 a.m., when the
convenience store shall be closed, fuel purchases shall be paid only
by automated electronic process at the pump.
c) The height of the required wall (see Hearing Examiner's decision,
page 11, condition 5) shall be increased from 6 feet to 8 feet along
the south line only of the Project Property.
d) The landscape island planned for the southwest portion of the
Project Property shall be relocated to the south to restrict traffic
from driving between South 32nd and South 34th Avenues via the
access way.
e) Deliveries to the Project Property shall be prohibited between the
hours of 6:00 p.m. and 5:00 a.m.
f) City staff shall contact the refuse hauler to establish garbage pick-
up for the new commercial activities during daytime hours after
8:00 a.m.
3. A copy of this resolution shall be attached to all building permits and
certificates of occupancy issued for any structures on the Project Property,
unless other provisions applicable to the Project Property are approved
after proper review with notice to property owners within at least 300 feet.
4. The terms stated above shall survive any change of use or ownership of
the Project Property, unless other provisions applicable to the Project
Property are approved after proper review with notice to property owners
within at least 300 feet. Accordingly, a copy of this resolution shall be
filed with the Auditor of Yakima County as part of the record pertaining
to the Project Property.
ADOPTED BY THE CITY COUNCIL this
Iday of May 2001.
ry Place, Mayor
ATTEST:
PVI C_
Karen S. Roberts, City Clerk
C.\word\land use\ appeals\ class 3 review\ kleppin-smasne\ res granting appeal.doc
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 16
For Meeting Of May 15, 2001
ITEM TITLE: Resolution Accepting Agreement - Kleppin Appeal
SUBMITTED BY:4".m R. Cook, Director Of Community & Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575-6042
SUMMARY EXPLANATION:
On April 17th you were presented with an agreement resolving the appeal over the
hours of operation for the gas station/convenience store to be located at the southwest
corner of S. 32nd Avenue and Nob Hill Blvd. You are now being requested to adopt the
resolution incorporating this agreement into the decision on the Class (3) land use
review.
Resolution X Ordinance Other
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution amended to state hours of operation
between 5:00 a.m. & 12:00 a.m. (midnight).
Resolution adopted. RESOLUTION NO. R-2001-81
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: City of Yakima Resolution No. R-2001-81
(UAZO CL(3) #11-00/S. 32" d Avenue & W Nob Hill Blvd.)
Grantor: City of Yakima
Grantee: Dale Smasne (Craig Schultz Construction, Inc.)
LEGAL DESCRIPTION: That portion of Lot 1, The Paddack Garden Lots, as recorded
in Volume "A" of Plats, Page 56, described as follows: Commencing at the NE
corner of the SE 1/4 of Section 27, Township 13 North, Range 18, E.W.M., Thence S
88°22'00" W along the N line thereof 165 feet; Thence S 0094'07" W parallel with
the E line of said subdivision 36 feet to the south margin of Nob Hill Boulevard as
established by deeds recorded under Auditor's File Nos. 2237779 and 2248825 and
the true point of beginning; Thence N 89°22'00" E along said margin 122 feet;
Thence S 45°11'56" E along said S margin 122 feet; Thence S 45°11'56" E along
said margin 25.26 feet to a point on the W margin of 32nd Avenue S; said point being
54 feet Southerly and 25 feet Westerly of the NE corner of said subdivision, Thence
S 00°12'07" W along said margin 106 feet to the S line of the N 140 feet of said Lot;
Thence S 89°22'00" W along said south line 140 feet; Thence N 00°14'97" E 134.00
feet to the true point of beginning.
AND
Lots 1, 2, and 3 of H.L. Smith Addition as recorded in Volume Y of Plats, Page 47,
records of Yakima County, Washington
Parcel Numbers: 181327-41401, 41489, 41490, & 41491
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CITY 4F YAKIMA RES X25,00 Yakima Co, A
RESOLUTION NO. R-2001- 81
A RESOLUTION granting, on the basis of an agreement among interested parties,
the appeal (UAZO#1-01) by Terry M. Kleppin regarding hours of
operation approved in the Hearing Examiner's February 13, 2001,
Decision approving, subject to certain conditions, several different
uses of property at the west of South 32nd Avenue along the south
side of West Nob Hill Boulevard.
WHEREAS, on February 28, 2001, Mr. Terry M. Kleppin appealed (UAZO#1-01) the
hours of certain operations approved in the Hearing Examiner's February 13, 2001,
Decision (Examiner No. IU00-1-27, UAZO) approving, subject to certain conditions, the
Master Application by Craig Schultz Construction, Inc. (UAZO CL (3) #11-00, UAZO
CL (2) #30-00; ADM. ADJ. #27-00; EC #25-00) for several different uses of property west
of South 32nd Avenue along the south side of West Nob Hill Boulevard; and
WHEREAS, on April 3, 2001, the City Council considered Mr. Kleppin's appeal at a
closed -record hearing; and
WHEREAS, after hearing the statements of interested persons including among others
Mr. Kleppin, the appellant,' Mr. Dale Smasne, who owns the property at the southwest
corner of South 32nd Avenue and West Nob Hill Boulevard, and who will acquire a
portion of the adjacent parcel to the west to establish the planned site for the planned
convenience store and fuel filling station, Mr. Gordon Chin, and Mrs. Jan Woolen, the
City Council continued the closed -record hearing with direction to City Staff to confer
with interested persons to attempt to establish a mutually agreeable resolution of their
interests in Mr. Kleppin's appeal and Mr. Smasne's proposed convenience store and
motor vehicle fuel filling station; and
WHEREAS, on April 12, 2001, City staff met with interested persons including, Mr.
Kleppin, Mr. Smasne, Mr. Chin and Mrs. Woolen to explore the possibility of a
mutually agreeable resolution of their interests; and
WHEREAS, interested parties present at the April 12 meeting agreed to resolve their
interests on the following terms
• The proposed convenience store may be open to the public only from
5:00 a.m. to 12:00 a.m.
The proposed fuel pumps may be available to the public on a 24-hour basis,
provided that, from 12:00 a.m. to 5:00 a.m., when the convenience store shall
be closed, fuel purchases shall be paid only by automated electronic process
at the pump.
The height of the required wall (see Hearing Examiner's decision, page 11,
condition 5) shall be increased from 6 feet to 8 feet along the south line only of
both the property Mr. Smasne presently owns and that which, according to
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CITY OF YAKIMA RES $25,00 Yakima Co, WA
the record, he plans to acquire as the site of the proposed convenience store
and fuel filling station.
The landscape island planned for the southwest portion of Mr. Smasne's
property shall be relocated to the south to restrict traffic from driving
between South 32nd and South 34th Avenues via the access way.
• Deliveries to the property on which Mr. Smasne plans to develop a
convenience store and fuel filling station shall be prohibited between the
hours of 6:00 p.m. and 5:00 a.m.
• City staff shall contact the refuse hauler to establish garbage pick-up for the
new commercial activities during daytime hours after 8:00 a.m.
WHEREAS, it is appropriate to grant Mr Kleppin's appeal on basis of the terms stated
above to which the interested parties agreed; now, therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The appeal filed by Terry M. Kleppin (UAZO#1-01) of hours or operation approved in
the Hearing Examiner's February 13, 2001, Decision (Examiner No. IU00-1-27, UAZO)
approving the Master Application by Craig Schultz Construction, Inc. (UAZO CL (3)
#11-00, UAZO CL (2) #30-00; ADM. ADJ. #27-00; EC #25-00), subject to certain
conditions, several different uses of property at the west of South 32nd Avenue along the
south side of West Nob Hill Boulevard is granted on the following terms:
1. The terms of this resolution and any land use approval subject to this
resolution apply to the corner lot Mr. Dale Smasne presently owns at the
southwest corner of West Nob Hill Boulevard and South 32nd Avenue, and
the strip of property approximately 30 feet wide immediately west of Mr.
Smasne's corner lot, which, according to the record, he plans to acquire to
form the site of the convenience store and fuel filling station he has
proposed to develop. The properties comprising the site shall be referred
to as the "Project Property."
2. The Hearing Examiner's February 13, 2001, Decision (Examiner No. IU00-
1-27, UAZO) is final and shall be enforced except to the extent it is
inconsistent with the following terms:
a) The proposed convenience store may be open to the public only
from 5:00 a.m. to 12:00 a.m.
b) The proposed fuel pumps may be available to the public on a 24-
hour basis, provided that, from 12:00 a.m. to 5:00 a.m., when the
convenience store shall be closed, fuel purchases shall be paid only
by automated electronic process at the pump.
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CITY 4F YAKIMA RES $25,00 Yakima Co, WA
c) The height of the required wall (see Hearing Examiner's decision,
page 11, condition 5) shall be increased from 6 feet to 8 feet along
the south line only of the Project Property.
d) The landscape island planned for the southwest portion of the
Project Property shall be relocated to the south to restrict traffic
from driving between South 32nd and South 34th Avenues via the
access way.
e) Deliveries to the Project Property shall be prohibited between the
hours of 6:00 p.m. and 5:00 a.m.
f) City staff shall contact the refuse hauler to establish garbage pick-
up for the new commercial activities during daytime hours after
8:00 a.m.
3. A copy of this resolution shall be attached to all building permits and
certificates of occupancy issued for any structures on the Project Property,
unless other provisions applicable to the Project Property are approved
after proper review with notice to property owners within at least 300 feet.
4. The terms stated above shall survive any change of use or ownership of
the Project Property, unless other provisions applicable to the Project
Property are approved after proper review with notice to property owners
within at least 300 feet. Accordingly, a copy of this resolution shall be
filed with the Auditor of Yakima County as part of the record pertaining
to the Project Property.
ADOPTED BY THE CITY COUNCIL this 15th day of May 2001.
ATTEST:
mr
uWp�'':3�'., 1 1:6, old W4
1
Karen S. Roberts, City Clerk
C.\word\land use\ appeals\ class 3 review\kleppin-smasne\res
/ MY PLACE
Mary Place, Mayor
Cc—i- f , -d 10 be a irue and corrc,ct cajj y sof 11ae
Griwhml Mod in ray Gffice.
CLERK
Deputy
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CITY OF YAKIMA RES $25.00 Yakima Co, WA
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
Office of Code Administration
129 North Second Street, 2nd Floor
Yakima, Washington 98901
(509) 575-6126 or 575-6121 • Fax (509) 576-6576
Doug Maples, CBO, Code Administration Manager
codes @ci.yakima.wa.us
McMOT MM&IM
To: Dick Zais, City Manager
CC: Bill Cook, Community & Economic Director
From: Doug Maples, Planning & Code Administration Manager
®ate: 04/16/2001
Re: Proposed Compromise Agreement for the 32nd and Nob Hill regarding
the Convenience Store
During the City Council meeting of April 4, 2001, a public hearing was held on
an appeal filed regarding the convenience store hours of operation. Many
residents who testified indicated that the proposed hours of operation would
negatively impact their homes, businesses and the area.
After the public hearing was closed, Council discussed the testimony and hours of
operation. A motion was made about the hours of operation and then a motion to
table this matter until April 17, 2001 Council meeting.
Staff has been in contact with Mr Dale Smasne, owner of the convenience store,
Mr Terry Kleppin, Mr. Gordon Chin and Mrs. Jan Woolen by phone On
Thursday April 12, 2001, a meeting of these individuals was held at the City Hall
with City staff to try a see if there was a compromise.
After two hours of discussion and negotiation, the residents and Mr. Smasne
reached a compromise for the hours of operation. The following list would be
those items of compromise:
• Hours of the convenience store operation would be: 5:00 a.m. to 12:00 p.m.
• The wall height between the residential homes and the convenience store
along the south side of Mr. Smasne's property line, only, would be increased
from 6 feet to 8 feet.
• The southwest landscape island would be moved to the south blockin,§ the
driveway access way to restrict through traffic from driving between 32° and
34`h Street. The rear access of the convenience store would be chained off
when the convenience store was closed.
• All deliveries would be limited to the hours of 5:00 a.m. to 6:00 p.m.
V -Ir.-.
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CITY OF YAKIIA RES X5.0@ Yaki2
maCo, WA
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April 13, 2001
+ The gas pumps would be allowed to operate on a 24-hour basis. Gas purchase
would be done by credit card at the pump only after the convenience store was
closed. Mrs. Woolen called after our meeting on Thursday and indicated she
re -thought her position to support a 24-hour operation for the convenience
store.
+ City staff would contact the refuse hauler to request the garbage pick-up for
the new commercial at times during the daytime hours after 8:00 a.m.
It is staffs recommendation to approve the compromise as stated above.
The parties attending this meeting have read and signed this memorandum
agreement.
Mr. Dale Smasne
Mr. Gordon Chin\` ^�
Mr. Terry Kleppin
Mrs. Jan Woolen
Mr. Craig Schulte
2
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CITY OF YAKIMA 65/23 5061 @2 48P
RES X25.66 Yakima Co, WA
I
RECEIVED
STATE OF WASHINGTON FEB 13 2001
CITY OF YAKIMA
OFFICE OF HEARING EXAMINER CITY OF YAKIMA
PLANNING DIV.
Master Application by )
Craig Schultz Construction, Inc. )
)
for a Service Station/Convenience )
Store open after 10 pm; a )
restaurant with a drive -up service )
window located adjacent to a )
residential zone; administrative )
adjustments to lot coverage and )
parking standards; and environmental )
review. )
EXAMINER'S DECISION
NO. UAZO CL (3) #11-00
UAZO CL (2) #30-00
ADM. ADJ• #27-00
EC #25-00
EXAMINER NO. IU00-1-27
The Examiner conducted a public hearing on December 29, 2000.
The staff report presented by Associate Planner Bruce Benson
recommended approval subject to conditions. Craig Schultz, Dale
Smasne, Chuck Frenzel, and Harold Race spoke in favor of the
proposal. A number of neighbors voiced concerns, including Lori
Frymier, Gary Wood, Gordon Chinn, Edward Hosack, Terry Kleppin,
Janice Woolen, Dick Schutt, and Carol Masterson. Their concerns
generally focused upon hours of operation, lights and noise, and
traffic access to Nob Hill Blvd. The Examiner inspected the
property both prior to and after the hearing.
SUMMARY OF DECISION. The application is approved, generally
subject to the conditions recommended by staff, except that the
convenience store drive -up window is denied. Additional
sitescreening and lighting mitigation are required, and revision
of dumpster placement and alley design.
From the view of the site, the matters contained in the
official record including' the staff report, a review of both the
EXAMINER'S DECISION - 1
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
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CITY OF YAKIMA RES 0, 06 Yakima Co, WA
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. Craig Schultz Construction, Inc., 202 W.
Yakima Avenue, Yakima, WA 98902.
2. Location. 3202 W. Nob Hill Blvd., 3300 W. Nob Hill
Blvd., 1102 S. 32nd Ave. and 1101 S. 34th Ave. Assessor's parcel
numbers 181327-41401, 41489, 41490, and 41491.
3. Application. This is a master application involving a
number of issues, including operating a service station after
10:00 p.m., operation of drive -up service windows, and
administrative adjustments of lot coverage and parking standards.
4. Current Zoning and Use. The property located at the
corner of S 32nd Avenue and Nob Hill Blvd. is currently zoned B-
2, Local Business, 3202 W. Nob Hill Blvd. This corner lot is
owned by Mr. Smasne and will be part of his proposed service
station/convenience store. The parcel immediately to the south
is 1102 S. 32nd Ave., city owned, and will be combined with Mr
Smasne's lot. West of these lots is 3204 W. Nob Hill Blvd., city
owned, which will be the location of Mr. Schultz's proposals,
including Wendy's Restaurant and possibly two other uses,
th
potentially food related. The westerly most lot, 1101 S. 34
Ave., provides access to the rest of this property from 34th and
is not currently proposed for development other than with an
alley. These latter three parcels were provisionally rezoned in
1998 from B-1 to B-2 subject to improvements. This project will
complete all improvements required for the rezone to be fully in
effect. All four parcels are currently vacant.
Adjacent properties have the following characteristics:
Location ZOninci Existing La__ nd Use
North B-2 Commercial/Residential
EXAMINER'S DECISION - 2
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
{509) 248.0706
72172Paget $9 18
65?
CITY 4F YAKIMA RES X5.00
Yakima '48P
CO) WA
There is a narrow strip
commercial activity on
the north side of Nob
Hill. Further to the
north is single family
residential housing.
East B-2 Commercial
West B-2 Commercial
Immediately adjacent to
these properties, on the
same block, are
Rainford's Lube and Oil,
and Cafe Mia, owned by
Gary Wood.
South R-1 Residential
Immediately to the south
of this project are a
number of duplexes on
Vincenta, which
parallels Nob Hill Blvd.
32"d, 33rd, and 34th are
fully developed with
single family
residential housing.
All access for this
large block of housing
utilizes 32nd and 34th to
Nob Hill.
5. Project Description. Craig Schultz plans to purchase
the three city owned lots, subject to land use approval, and
joins with Dale Smasne, the owner of the northeast lot, in this
proposal.
5.1 Convenience Store/Service Station. Mr. Smasne
hopes to develop a Chevron convenience store utilizing current
widespread technology and business practices. The fuel pumps will
be open 24 hours a day, with credit card access at the pumps. The
convenience store may be open late at night. Mr. Smasne is
thinking that he may open the convenience store at 5:00 a.m. and
close it at 1:00 a.m., but it will be subject to customer demand.
Keeping a convenience store open after 10:00 P.M., and prior to
6:00 a.m., requires Class 3 review. He also proposes a drive -up
window for the convenience store, which would be open when the
EXAMINER'S DECISION - 3
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
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_ store is open, and also requires Class 3 review since it is
adjacent to a residential zone. The Smasne project otherwise
meets land use development regulations.
5.2 Wendy's. et al. The large center lot to be
purchased by Mr. Schultz will have a Wendy's on the west, with a
drive-thru window, together with a second building to the east,
perhaps housing two small restaurants. This portion of the
application is subject to Class 2 review because of the drive -up
window operated during day time hours near a residential zone. In
addition, Mr. Schultz is requesting administrative adjustment
reducing the required amount of parking, as well as increasing the
permitted lot coverage. The parcel to the east of Wendy's is
designated New Lot Two on the site plan, and requests a two
parking space reduction and a 4 per cent increase in permitted lot
coverage. A proposed New Lot Three, the Wendy's to be operated by
Mr. Frenzel, requests a four space parking reduction, and a 3 per
cent increase in permitted lot coverage.
Affecting all parcels is a paved 12 foot wide shared access
alley on the south edge of this property. It runs east and west,
between 32nd Avenue and 34`h Avenue. As reflected on the site
plan, it is blocked between lot 3 (Wendy's) and lot 2 by trash
dumpsters. The current site plan shows primary access to Wendy's
from Nob Hill Blvd. as well as from 34`h. Lot 2, and the Chevron
Station on lot 1, would have primary access from Nob Hill Blvd.,
as well as access to 32nd Ave. via the main driveway for Chevron,
and the new alley.
The standards of review for Class 2 and Class 3 are set forth
in the staff report, which also does an excellent job of
addressing the various compatibility issues. Statements of fact
and law contained within the staff report are adopted and
incorporated by reference.
6. Hearing Evidence. Neighbors concerned about various
aspects of this proposal submitted Exhibits 11 through 16, which
EXAMINER'S DECISION - 4
Craig Schultz Construction, Inc.
Examiner No. Iu0Q-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4 ,
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
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CITY DF YRKIMA RES #85,60 Yakima �A'48P
contain letters, petitions, photographs, and accident data.
City staff have worked with the developers in reviewing
several iterations of the site plan, in order to deal with
concerns about the number of driveways accessing Nob Hill, and
traffic flow in general.
Staff would prefer to see the alley not blocked by the
dumpsters, in order to facilitate emergency access and traffic
flow. Residential neighbors have heartburn at the thought of a
potential speedway along their back fence line, and also do not
like the idea that garbage dumpsters and their associated odors
will be across their fence. Neighbors are also concerned about
headlights and noise, including noise from drive-thru windows.
These concerns are shared by residential neighbors to the north of
Nob Hill Blvd., on South 33rd Avenue.
Parking is a specific concern of Mr. Wood at Cafe Mia, since
his will be the most logical spot for parking to overflow to if it
is inadequate for this development.
Everyone in the area seems to be concerned about access to
Nob Hill Blvd. from both 32nd and 34th Avenues, and the added
conflicts turning movements from the alley and from the Chevron
driveway on 32nd will create.
The developers point out that this property is properly
zoned, that issues raised by neighbors are legitimate, but can be
dealt with, and that they prefer the alley to be blocked in the
middle in order to avoid the concerns shared by the neighbors.
Mr. Schultz is willing to consider relocating the dumpsters and is
willing to consider additional sitescreening on the south to deal
with noise and light issues.
7. Analysis. The property tends to slope south from Nob
Hill Blvd., and will require some grading and/or fill on some of
the southerly portion. Building a standard 6 foot high fence on
the existing contour line on the south property line will not be
as effective as requiring the fence to be 6 feet above the
EXAMINER'S DECISION - 5
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
Page; 11 of 18
CITY OF YAKIMA RES $25.00 Yakima WA 48P
finished grade of the paved areas.
The provisional rezone by the City Council, contained in the
record, reflects the Council's significant concern in 1998 that
this commercial property be adequately buffered from residential
property to the south. Section 5b of rezone ordinance number 98-
52 states:
Construction of a 6 foot high, view obscuring fence
he Urban Area Zoning
(sitescreening standard C under t
Ordinance) along the south property line of all lots prior to
issuance of a building permit for any lot. The City
expressly reserves its right as owner to require additional
sitescreening or to otherwise elaborate on this condition by
appropriate means, including a subsequent restrictive
covenant, as a condition on any sale of the property.
A 6 foot high solid fence should be erected on the south
line, with fence height measured from the paved driving surface.
Otherwise it is possible that a retaining wall could be built
north of the fence, with the top of the fence somewhat less than 6
feet above the driving surface.
This is also responsive to the concern that headlights from
customers using the Wendy's drive-thru would sweep the residential
neighborhood to the south. As currently proposed, the cars would
enter from Nob Hill, head south, bend around to the east and then
north to access the window. The turning movement from south to
north will be substantially shielded by this fence, which based on
the existing site plan would be about 12 feet south of the turning
lane for the window.
Cars exiting the Wendy's window will utilize a driveway
immediately south of 33rd Avenue, which accesses Nob Hill from the
north. Residential neighbors on 33rd are concerned about the
impact of lights and noise from this increased commercial
activity. However, they are already buffered by the existing
commercial strip of zoning along Nob Hill. This activity is less
intrusive than if 331d were extended south. This of course is not
a possibility, given the developed residential neighborhood on
EXAMINER'S DECISION - 6
u Craig Schultz Construction, Inc.
Examiner No, IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
111111111111111111111111111111111111111111111111111 Page: 12 of 18
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CITY OF YAKIMA RES $25,00 Yakima Co, WA
Vicenta. However, the hypothetical of extending 33rd to the south
demonstrates the reduced significance of this use as compared to a
full blown public street.
Operation of the Wendy's window raises concern about loud
speakers used for taking orders. Technology and business
practices change, making it difficult to render any definitive
decision concerning compatibility. The existing design allows
speakers to be faced east, directing their noise to adjacent
commercial uses rather than the residential area. The Wendy's
manager will have a vested interest in not aggravating the
residential neighbors, since they represent a significant block of
potential business. My personal observation of the speaker and
operation at the Wendy's on North lst suggests that noise will not
be a significant problem.
The requested parking adjustments, although perhaps appearing
to be minor, do not seem to be appropriate. This is an area which
is tightly constrained by existing development. Overflow street
parking is not available. Adjacent commercial property owners,
such as the Lube and Oil and the Cafe Mia, comply with existing
development rules and should not be expected to accommodate
overflow parking. Furthermore, this site plan, at least with
respect to the proposed uses on new lot 2, is still relatively
fluid, allowing Mr. Schultz some flexibility in redesigning in
order to accommodate required parking.
Lot coverage adjustments seem appropriate. They are
relatively minor, and less significant than adequate sitescreening
to the south, and adequate on-site parking.
Dumpster location as proposed on the site plan is not
appropriate. As Mr. Chinn so eloquently stated, restaurant
dura,-Qsters, even though rigorously managed, can occasionally be
quite aromatic. These dumpsters should be relocated elsewhere on
the property, in much closer proximity to Nob Hill. Exact
location should be reviewed and approved by planning staff, in
EXAMINER'S DECISION - 7
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
Page: 13 of 18
0512312001 0E:48P
CITY OF YAKIMA RES X25.00 Yakima Co, WA
order to not jeopardize vehicular access.
As to the alley design, I share the neighbors' concerns, and
the developer's concerns, that an alley traversing this property
from 32nd to 34th may prove an attractive detour or gathering area.
At the hearing I indicated a likelihood that I would require the
alley to be blocked in the existing vicinity of the dumpsters,
although the dumpsters would have to be relocated.
However, in reviewing the conditions precedent established by
the City Council in conjunction with the rezone, condition 5a
states. "Reciprocal access easements for shared access from Hill
Blvd, for all three lots and secondary shared access from South
32nd and South 34th Avenues -11
The current site plan provides access on the alley and shared
access between lots 1 and 2 and then similar shared access between
lots 3 and 4. What I call lot 4 is the rectangular lot south of
Cafe Mia and Rainford's, shown on the site plan as New Lot 3, west
portion. In any event, there is no shared access to either Nob
Hill Blvd. or the alley between lot 2 and lot 3. This appears to
violate the requirement for reciprocal access easements for all
three lots. Accordingly, the site plan shall be reconfigured to
eliminate the obstruction currently represented by the dumpsters.
Perhaps speed bumps or a slight jog in the alley at the dumpster
location could be designed in order to minimize use of the alley
as a speedy detour.
The shared access requirement is of significant benefit, and
allows this entire development to give traffic more flexibility in
avoiding congestion. One of the benefits of the development at
56th and Summitview is that a number of businesses share common
parking lots, with multiple driveways out to the arterials, giving
motorists a chance to avoid congestion.
Twenty-four hour operation of the gas pumps at the Chevron
Station is appropriate. With credit card readers at the pumps,
and current stringent fire code operations, many convenience
EXAMINER'S DECISION - 8
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
Page: 14 of 1S
CITY OF YRKIMR RES $25.66 Yakima maCo, WA
'48P
stores in the Yakima area currently operate on a 24 hour basis,
although the walk-in portion of the store is closed. I personally
looked at many of the convenience stores in Yakima and along Nob
Hill Blvd. Hours of operation of the convenience stores tend to
vary, but most of the pumps and the canopy lights are open 24
hours a day.
The canopies over gas pumps vary considerably in their
design. Newer canopies in this area tend to have more of a
valance, hanging down on the perimeter of the canopy. This serves
to reduce the horizontal spread of light out from under the
canopy.
There is no evidence in this record concerning the canopy
design for this proposal. However, the lower the canopy, and the
deeper the valance, the less light escapes. Accordingly, planning
staff should work with Mr. Smasne in order to keep the canopy as
low as possible, and to maximize the valance.
The location of the convenience store will itself serve to
buffer the impact of the light and activity from 24 hour operation
of the pump island. This proposal also requests 24 hour operation
of the convenience store, subject to business demand. Many of the
convenience stores on Nob Hill Blvd. do not operate 24 hours a
day. It seems appropriate, however, given the layout of the
convenience store facing Nob Hill Blvd., to allow the operator to
determine his business hours.
Operation of a drive-thru window particularly late at night,
is not appropriate. In what is basically a balancing of impacts
and desires, the drive-thru window for the convenience store is
not authorized. It is located much closer to the residential area
than Wendy's window, involves cars lined up directly facing the
residential area as they wait in line for the window, and then
directly accessing out to 32nd by the alley paralleling the
residential backyards.
The zoning ordinance requires that a drive -up window for a
EXAMINER'S DECISION - 9
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
page: 15 of 18
111111, 1111111111111111111111111111111111111111111111 9512312001 02:48P
CITY OF YAKIMA RES $25,99 Yakima Co, WA
convenience store receive the highest level of review. Such a use
is generally not compatible in a given zone, unless demonstrated
to be so by the developer. In this instance, the evidence fails
to support the required compatibility. By comparison, the zoning
ordinance treats drive -up windows for restaurants as a lower level
of review. That coupled with the design of the Wendy's window
justifies its approval as compared to this denial.
The Chevron trash dumpster should also be relocated on the
lot, perhaps adjacent to the east end of the convenience store, in
order to minimize residential impact.
8. Public Notice. Public notice of the hearing was
provided in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. For the reasons stated herein, the application as
modified by this decision complies with the objectives of the
Urban Area Comprehensie Plan, the intent of the B-2 zoning
district, and the provisions of the Urban Area Zoning Ordinance.
3. The application as modified herein is approved, subject
to the following conditions:
1. Along Nob Hill Blvd. 10 feet of additional right-
of-way should be deeded to the City to satisfy the Development
Standards for this street classification.
2. The easement running between South 32nd and South
34th Avenues should be opened for through travel, with
consideration given to installation of a speed bumps) or other
means of limiting speed. .
3. Privately installed stop signs shall be placed at
EXAMINER'S DECISION - 10
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
Page: 16 of 18
05123/2601 62:48P
CITY OF YAKIMA RES $25,00 Yakima Co, WA
the exits onto S. 32nd and S. 34th Avenues.
4. Privately installed caution signs warning drivers
of the possible presence of pedestrians shall be placed at the
exits onto S. 32nd and S. 34th Avenues.
5. A 6 foot high solid masonry or similar wall shall
be installed along the south property line, between 32nd and 34th.
The height shall be measured from the immediately adjacent paved
traveled surface.
6. The gas station/ convenience store may be open 24
hours per day, but no drive-thru window for the convenience store
is authorized.
7. An approved plan for dust control during site
preparation, construction, and landscaping phases shall be
obtained from the Yakima Regional Clean Air Authority.
8. A site plan for grading and excavation will be
required to verify slope, drainage retention on site, and the
amount of site work required.
9. Any proposed signs shall be installed in compliance
with the provisions of Chapter 15.08 of the zoning ordinance.
10. The restaurant drive-through service window shall be
operated so as to prevent audible disturbance to adjoining
residential properties. The drive-through shall be designed so
that the headlights of any vehicles utilizing the drive-thru
window will not shine directly into the living space of any
adjacent residential properties.
11. To mitigate the effects of increased light and
glare, full cut-off light fixtures that direct light downwards
and lighting control systems that will minimize hours of
operation are required.
12. The design of the gas station canopy shall be
reviewed with planning staff, with special effort to minimize its
height and to maximize the depth of the valance, in order to
limit the amount of escaping light.
EXAMINER'S DECISION - 11
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNT( OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0705
7217292
Page; 17 of 18
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CITY OF YAKIMA RES $25.00 Yakima Co, WA
13. A final site plan shall be required showing
relocation of all dumpsters requiring that they be moved as far
as feasible from the residential areas and appropriately
screened.
14. No parking adjustments are granted.
15. Lot coverage adjustments are granted as necessary to
accommodate parking required by code.
16. The conditions precedent required by zoning
ordinance 98-52 shall be complied with and are incorporated as
conditions of approval, and are set forth below:
A. Reciprocal access easements for shared access
from Nob Hill Blvd. for all three lots and secondary shared access
from South 32nd and South 34th Avenues.
B. Construction of a six -foot -high, view
obscuring fence (site screening Standard C under the Urban Area
Zoning Ordinance) along the south property line of all lots prior
to issuance of a building permit for any lot. The City expressly
reserves its rights as owner to require additional site screening
or to otherwise elaborate on this condition by appropriate means
including a subsequent restrictive covenant, as a condition on any
sale of the property.
C. Construction and/or repair as necessary of
sidewalk on the east side of South 34" Avenue prior to issuance
or as a condition of a building permit for that lot.
D. Construction and/or repair as necessary of
curbs, gutters, and sidewalks for each lot prior to issuance or as
a condition of a building permit for that lot.
DATED this B day of February, 2001.
Philip A. Lamb
Hearing Examiner
EXAMINER'S DECISION - 12
Craig Schultz Construction, Inc.
Examiner No. IU00-1-27
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
7217292
Page: 18 of 18
05/23/2001 02:48P
CITY OF YAKIMA RES $25,00 Yakima Coy WA