HomeMy WebLinkAbout1996-063 RezoneORDINANCE NO. 96 -
• AN ORDINANCE rezoning approximately 7 acres in the northeast corner of the
intersection of Kern Road and North 40th Avenue in Yakima,
Washington, from Multi -Family Residential (R-3) to Professional
Business (B-1) and amending the zoning map of the Yakima Urban
Area accordingly; and providing preliminary approval, subject to
several conditions, for subdivision of the rezoned property together
with approximately 4 adjacent acres which remains zoned Multi -
Family Residential (R-3) into 11 lots.
LCD
WHEREAS, on May 30 and 31,1996, the Hearing Examiner conducted a duly
G"J convened public hearing on the application (UAZO PP#2-95\RZ #4-95) submitted by
D.E.P Properties requesting amendment of the Official Yakima Urban Area Zoning
Map within the City of Yakima and rezone from Multi -Family Residential (R-3) to
Professional Business (B-1) of approximately 7 acres in the northeast corner of the
intersection of Kern Road and North 40th Avenue in Yakima, Washington, (referred to
below as "the Subject Rezone Property") and preliminary approval for subdivision into
11 lots of the rezoned property together with approximately 4 adjacent acres which
remains zoned Multi -Family Residential (R-3), specifically Yakima County Assessor's
Parcels #181315-31001, 42007, and 42009, (referred to below as "the Subject Subdivision
Property"), and
WHEREAS, by Recommendation dated July 1,1996, the Hearing Examiner
recommended that the requested rezone be granted, and subject to several conditions
stated on pages 18 through 21 of his Recommendation,. recommended approval of the
prposed preliminary plat map of Pioneer Plaza, and
WHEREAS, on August 6,1996, the City Council duly conducted a public hearing
to consider the proposed rezone and subdivision and determined to adopt the Hearing
Examiner's Recommendations, and
WHEREAS, (1) the Subject Rezone Property is suitable for uses permitted in the
Professional Business (B-1) District and is compatible with the neighborhood, (2) there
exists a public need for the proposed rezone; (3) since the existing zoning was estab-
lished circumstances have changed and now make the proposed rezone appropriate;
and (4) the proposed rezone is consistent with and complies with. (a) the requirements
and considerations set forth in Yakima Municipal Code Chapter 15.23, (b) the goals and
policies of the Yakima Urban Area Comprehensive Plan, (c) the intent of the Yakima
Urban Area Zoning Ordinance; and (d) other applicable land use controls; and,
WHEREAS, subject to the several conditions stated on pages 18 through 21 of the
Hearing Examiner's Recommendation, the proposed subdivision conforms with the
requirements of City of Yakima Zoning Title, chapter 14.25 YMC, and other applicable
land use controls, and
WHEREAS, the best interests of the City of Yakima would be advanced by the
proposed rezone, and subject to the conditions recommended by the Hearing Examiner,
by approving the proposed preliminary plat map of Pioneer Plaza, now, therefore,
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BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City Council finds formally that (1) the Subject Rezone Property is
suitable for uses permitted\in the Professional Business (B-1) District and is compatible •
with the neighborhood; (2) there exists a public need for the proposed rezone; (3) since
the existing zoning was established circumstances have changed and now make the pro-
posed rezone appropriate; and (4) the proposed rezone is consistent with and complies
with. (a) the requirements and considerations set forth in Yakima Municipal Code
Chapter 15.23, (b) the goals and policies of the Yakima Urban Area Comprehensive Plan,
(c) the intent of the Yakima Urban Area Zoning Ordinance; and (d) other applicable land
use controls. The Yakima City Council hereby adopts the findings, conclusions, and
recommendation of the Hearing Examiner's Recommendation, Examiner No. I96-24-34,
City No. UAZO PP#2-95\RZ #4-95, which is incorporated herein by reference.
Section 2. The Official Yakima Urban Area Zoning Map within the City of Yakima is
amended to rezone from Multi -Family Residential (R-3) to Professional Business (B-1)
approximately 7 acres in the northeast corner of the intersection of Kern Road and North
40th Avenue in Yakima, Washington, (referred to below as "the Subject Rezone
Property"), and legally described as:
THAT PORTION OF THE NORTHWEST QUARTER, OF THE SOUTHEAST
QUARTER, OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER, OF THE SOUTHEAST QUARTER, OF SAID SECTION 15, THENCE
SOUTH 89°59'14" EAST, ALONG THE SOUTH LINE OF SAID SUBDIVISION
(AS SHOWN ON SHORT PLAT, BOOK 92, PAGE 90, RECORDS OF YAKIMA
COUNTY, WASHINGTON), A DISTANCE OF 696.80 FEET, THENCE NORTH
0°35'23" WEST, A DISTANCE OF 667.08 FEET, TO A POINT ON THE NORTH
LINE, OF THE SOUTH 3 FEET, OF THE NORTH HALF, OF THE NORTHWEST
QUAR TER, OF THE SOUTHEAST QUARTER, OF SAID SECTION 15, THENCE
WEST ALONG SAID NORTH LINE, TO THE WEST LINE OF THE NORTH-
WEST QUARTER, OF THE SOUTHEAST QUARTER, OF SAID SECTION 15,
THENCE SOUTH ALONG SAID LINE TO THE POINT OF BEGINNING.
EXCEPT THE SOUTH 20 FEET THEREOF,
AND EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE
EASTERLY RIGHT OF WAY LINE OF 40TH AVENUE, AS RECORDED UNDER
AUDITOR'S FILE NO 2319294.
Section 3. The proposed subdivision conforms with the requirements of City of
Yakima Zoning Title, chapter 14.25 YMC, and other applicable land use controls.
Section 4. The proposed eleven lot subdivision of approximately 11 acres north of
Kern Road and East of North 40th Avenue, as represented by the preliminary plat map
for Pioneer Plaza, and the prepared by Huibregtse, Louman Associates, Inc., and dated
11/29/95, latest revision 2/27/96, is approved subject to conditions specified on pages
18 through 21 of the attached Exhibit A (Hearing Examiner's Recommendation)
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The Subject Subdivision Property is comprised of Yakima County Assessor's Parcels
#181315-31001, 42007, and 42009, and legally described as:
THAT PORTION OF THE NORTHWEST QUARTER, OF THE SOUTHEAST
QUARTER, OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER, OF THE SOUTHEAST QUARTER, OF SAID SECTION 15, THENCE
SOUTH 89 DEGREES 59'14" EAST, ALONG THE SOUTH LINE OF SAID
SUBDIVISION (AS SHOWN ON SHORT PLAT, BOOK 92 PAGE 90 RECORDS
OF YAKIMA COUNTY, WASHINGTON), A DISTANCE OF 696.80 FEET,
THENCE NORTH 0 DEGREES 35'23" WEST, A DISTANCE OF 667.08 FEET, TO
A POINT ON THE NORTH LINE, OF THE SOUTH 3 FEET, OF THE NORTH
HALF, OF THE NORTHWEST QUARTER, OF THE SOUTHEAST QUARTER,
OF SAID SECTION 15, THENCE WEST ALONG SAID NORTH LINE, TO THE
WEST LINE OF THE NORTHWEST QUARTER, OF THE SOUTHEAST
QUARTER, OF SAID SECTION 15, THENCE SOUTH ALONG SAID LINE TO
THE POINT OF BEGINNING.
EXCEPT THE SOUTH 20 FEET THEREOF,
AND EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE
EASTERLY RIGHT OF WAY LINE OF 40TH AVENUE, AS RECORIiEDUNDER
AUDITOR'S FILE NO 2319294.
f ;
AND
THAT PORTION OF THE NORTH HALF, OF THE NORTHWEST QUARTER,
OF THE SOUTHEAST QUARTER, OF SECTION 15, TOWNSHIP 13 NORTH,
RANGE 18 EAST, W.M., LYING EASTERLY OF 40TH AVENUE, AS
RECORDED UNDER AUDITOR'S FILE NO 2319294, AND LYING
SOUTHERLY OF 40TH AVENUE AND POWERHOUSE ROAD, AS RECORDED
UNDER AUDITOR'S FILE NO 2318168, ALL RECORDS OF YAKIMA
COUNTY, WASHINGTON, AND LYING WESTERLY OF THE PP&L CANAL
RIGHT OF WAY (NOW CITY OF YAKIMA).
EXCEPT THE SOUTH 3 FEET THEREOF
AND EXCEPT RIGHT OF WAY FOR THE NACHES-COWICHE CANAL.
.Regarding right of way dedication requirements for the Castlevale right of way, it is
understood that the Subject Subdivision Property does not reach the Powerhouse Road
right of way and that D.E.P Properties cannot dedicate right of way beyond the
boundaries of the Subject Subdivision Property.
Section 5. The City Clerk is hereby authorized and directed to file with the Yakima
County Auditor a certified copy of this,ordinance.
Section 6. Subject to the foregoing provisions and conditions, this ordinance shall be in
full force and effect 30 days after its passage, approval, and publication as provided by
law and by the City Charter, and this action shall be final and conclusive unless within
30 days from the date of final action by the City Council an aggrieved party obtains an
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appropriate writ of judicial review from the Yakima County Superior Court for the
purpose of review of the action taken.
PASSED BY THE CITY COUNCIL, signed and approved this, 4day of August, 1996.
ATTEST
/s/ KAREN S. ROBERTS, CMC
City Clerk
Publication Date: 9-4- 5't..
Effective Date:
� . t , r; /
Certified .to 11;•a true and correct eopy of tie
original -filed Ii my office. /fie r -D3 -[p
.,CITY CLERK
By _ K., 4Deputy
SI LYNN K. BUCHANAN
Lynn Buchanan, Mayor
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TABLE OF CONTENTS
Master Application for a
Regone and Preliminary
Plat filed by
D.E.P. Properties Concerning
the Pearson Orchard
East of north 40th Ave.
SUMMARY OF RECOMMENDATION
FINDINGS
EXAMINER'S RECOMMENDATION
City No. UAZO PP#2-95
RZ#4-95
Examiner No. 196-24-34
1. Applicant
2. Location
3. Application
4. Proposed Zone
5. Proposed Use
6.
7.
Current Zoning and Use
Project Description
7.1 Background
7.2 Project Design
8. Environmental Review
9. Rezone
9.1 Testimony
9.2 Agency Recommendations
9.3 Compliance with Comprehensive Plan and
Zoning Ordinance
9.4 Adequacy of Public Facilities
9.5 Compatibility
9.6 Public Need
10. Preliminary Plat Review
10.1 Lots
10.2 Utilities
10.3 Sidewalks
10.4 Streets
10.4.1 Kern Road
10.4.2 Castlevale Extension (Children's
Village Way)
10.4.3 40th Avenue
Public Notice
11.
CONCLUSIONS
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RECOMMENDATION
APPENDIX "A"
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HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
doi 1536 0390
ISSUED: JOLT 1, 1996
Master Application for a
Resone and preliminary
Plat filed by
D.I.P. Properties Concerning
the Pearson Orchard
East of North 40th Ave.
EXAMINER'S RECOMMENDATION
City )o. UAW PP42-93
8844-93
Examiner No. 196-24-34
The Examiner conducted a public hearing on May 30 and May 31,
1996. The staff report presented by Joan Davenport recommended
approval of both the rezone and the preliminary plat, subject to a
number of conditions. Property owners Mr. and Mrs. Delmar Pearson
attended, and were represented by attorney James Carmody, engineer
Bill Huibregtse, and realtor Bill Almon. Mr. Jim Smith and his son
Mark represented the Smith family trust, owner of the Medical View
West plat to the south. Representatives of the Yakima First Church
of the Nazarene also attended. The Examiner inspected the property
prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval
of the rezone, from R-3 to B-1, together with an 11 lot preliminary
plat of the property being rezoned.
The plat recommendation is subject to completion of Kern Road
as a local access street connecting 40th and Powerhouse, and is
further subject to construction of Children's Village Way,
representing an extension of Castlevale, connecting to 40th Avenue,
together with a left turn lane in 40th serving this intersection.
This recommendation deals with two primary issues. The first
is whether nearly 11 acres should be rezoned from Three Family
Residential (R-3) to Professional Office (B-1). If the rezone is
approved, the second issue is how to design arterial street access
for this property. This latter issue is dealt with as part of the
preliminary plat.
EXAMINER'S RECOMIIND ION e Ajf1 >�
1. }
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HEARING EXAM /NO
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
vol 151
The rezone decision is relatively policy oriented and not
410 technical. The arterial access issue is loaded with both policy
and technical considerations. As this property east of 40th
develops, it will have a profound impact on the ability of 40th to
continue functioning as a principal arterial. This is complicated
by probable future development of the Pearson property on the west
side of 40th and a recognized growing need to do something with
respect to the intersection of Fechter and 40th. Although
development of Pearson's west orchard is not under consideration,
design of 40th Avenue access to Pearson's eastern property will
undoubtedly set the pattern for future west side connections.
This recommendation concludes that the B-1 rezone is
appropriate and that primary access to the Pearson's west side
orchard will be at a new intersection on 40th created by the
extension of Castlevale, shown on the application as Children's
Village Way. If a traffic signal is required in the future, it
will probably be at this location. This recommendation also
accepts Pearson's request to install a left turn lane for south
bound traffic on 40th to turn into Children's Village Way.
From a broader perspective, this recommendation also
recognizes a need to make significant further improvements to 40th
between Englewood and Powerhouse Road, as documented in a previous
study prepared by the Planning Division in 1993. These issues are
dealt with in attached Appendix "A".
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. D.E.P. Properties (Delmar and Ellen Pearson).
2. Location. This property is east of North 40th Avenue,
111 EXAMINER'S RECOMMENDATION 2
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HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
IS09) 248-0706
north of Kern Road, and west of the site proposed for Children's
Village. It consists of parcel C as created by the short
subdivision exemption approved by the City December 6, 1995 (No.
39-95) .
3. Application. This is a master application for a rezone
and preliminary plat approval.
4. proposed Sone. Professional Office (B-1).
S. Proposed Use. This application if approved will result
in 10 lots, totaling approximately 7 acres zoned B-1, and one lot,
approximately 3.9 acres, remaining Multi -family Residential (R-3).
No specific uses are proposed at this time, although this area will
probably develop with a mixture of medically related offices,
perhaps a bank, and other uses as permitted in the B-1 and R-3
zones.
6. Current Sonina and Vse. The property is currently zoned
R-3 and is vacant except for 3 houses. The property previously was
orchard.
The area near North 40th Avenue is gently sloping, but becomes
moderately steep with a grade change of twenty feet from east to
west near the Naches Cowiche Canal, which was covered by the City
of Yakima in 1995. The canal right of way, owned by the City and
approximately 100 feet in width, creates the northeastern border of
the Pearson property.
In late 1995, by short plat exemption, four lots were
reinstated under the terms of a prior decision, which recognized
pre-existing parcels, dating back to 1963. These four parcels were
allowed, by short plat exemption, to adjust lot lines and create a
single parcel for the Pearson's west of North 40th Avenue and three
parcels east of North 40th Avenue. Of the three parcels east of
North 40th, parcel C incorporates all of the land covered by this
rezone and preliminary plat. Parcel B constitutes the Children's
Village project, to the east. Furthest east, bordered by Kern Road
and Powerhouse, is parcel A. Parcels A and B retain their R-3
zoning. The north portion of parcel C will also remain R-3.
EXAMINER'8 RECOMMENDATION 3
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HEARING EXAMNO
FOR THE
CTI AND COUNTY OF YAKMA
POST OFflCE BOX 4
YUL 391
l� 011I MA.(509)WASH) 98907
Adjoining parcels have the following characteristics:
Location Zoning Land Use
South of Kern Road R-3 and B-1 Medical View West, multi-
family developments
North of Powerhouse Rd. R-1 Chesterly Park
East R-1 Powerhouse Road and canal,
low density residential
area and small
manufacturing site.
West of 40th Ave. R-2 and R-1 Mobile home park, orchard
and low density housing
7. Project Description. DEP Properties proposes to rezone
land from R-3 (Multi -family Residential) to B-1 (Professional
Office). A long subdivision is also proposed, to create 11 lots
served by public streets. The new lots include a 3.91 acre lot to
remain R-3 (Lot 11) and ten lots proposed to be B-1, ranging in
size from 1.89 acres to 0.34 acres. No development is planned at
this time on the west side of North 40th Avenue.
No specific uses are proposed for approval at this time.
7.1 packgroun4. This R-3 site was annexed into the City
in 1991 and is part of a large acreage tract whichhas been an
orchard for many years. This area constitutes one of the largest
vacant tracts of R-3 zoned land in the western portion of the
Yakima Urban Area.
An initial application was filed with the City of Yakima
in December, 1994 which included development plans on both sides of
North 40th Avenue. Upon SEPA review significant issues were
identified, including traffic, infrastructure and neighborhood
compatibility. That application was subsequently withdrawn and a
revised proposal for only the east side of North 40th Avenue was
submitted on July 20, 1995. The revised proposal included a rezone
area for SCC (Small Convenience Center). Significant issues were
identified with the location of retail businesses along North 40th
Avenue. In response to those concerns, the application modified
the development plan by letter on August 24, 1995 and submitted the
EXAMINER'S RECOMMENDATION 4
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HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VARNA
POST OFFICE BOX 4
YA IMA. WASHINGTON 98907
(509) 248-0706
revised application, site plan and subdivision proposal on December
8, 1995.
7.2 prosect Design. The rezone constitutes 7 acres
shaped as a rectangle in the northeast corner of the intersection
of Rern Road and 40th Avenue. The south end will be served by Rern
Road. Thirty-ninth, which is being built as part of the Medical
View West plats (Smith Family Trust) from Englewood to Kern Road,
will be extended by the Pearsons north from Kern Road to an east -
west street shown on the plat as "Children's Village Way". This
east west street lines up with Castlevale Road. Castlevale
intersects Powerhouse Road on the east side of this plat. There is
a steep grade together with an open canal on the west side of
Powerhouse.
This new street inside the plat does not connect at this
point with Powerhouse or Castlevale. It does intersect with 40th
Avenue. This new interior street will be called "Castlevale"
herein, simply to keep in mind its alignment with the existing
Castlevale Road to the east. It is cul de saced at its east end,
intersects with 39th, ties into 40th, and will be the street access •
for lot 11 in the preliminary plat. Lot 11 is the triangular
shaped lot at the north, approximately 3.91 ares, which retains its
R-3 zoning. The 10 B-1 lots will all access the interior streets.
No direct driveway access will be permitted from the B-1 lots to
40th Avenue.
Kern Road, Castlevale, and 39th will be built as local
access streets within 50 feet of right of way. The proposal is to
prohibit parking on these streets, which then allows provision for
a left turn lane, if desired, for left turns from either Kern or
Castlevale onto 40th.
This project consists of two components. If the rezone
is not approved, then the applicants are not interested in
proceeding with the long plat. This recommendation is organized to
deal first with the rezone and then with the preliminary plat. The
city's environmental review under the State Environmental Policy
Act is dealt with first, however, since the Mitigated Determination
EXAMINER'S RECOMMENDATION 5
HEARING EXAMNO
FOR THE
CIT' AND COUNTY OF YA+(IMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0706
voL1536 0395
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of Nonsignificance issued by the city did not specifically indicate
whether it was imposed relative to the rezone or the preliminary
plat.
0. $nvironmental Review. A Mitigated Determination of
Nonsignificance was issued for this proposal by the City of Yakima
on April 12, 1996, with the 15 day comment period ending on April
29, 1996. The MNDS was not appealed.
The mitigation measures as provided by WAC 197-11-660 and
YMC 6.88.160 attached to the SEPA threshold decision by the City of
Yakima addressed traffic impacts. The applicant proposed a new
signal at the new intersection of Children's Way and North 40th
Avenue.
The findings of the MDNS are as follows:
North 40th Avenue is a four lane, principal arterial with
average daily trips of 17,200 vehicles, with no left turn
protection. The function of principal arterial streets
in Yakima is to provide access between areas or
communities (Yakima Urban Area Comprehensive Plan, TR -2).
Signalization of principal arterial streets in Yakima
is limited to intersections with other arterial, and
occasionally collector streets. The purpose of the
signalization is to allow traffic to flow on both streets
and to allow both streets to maintain arterial function.
Yakima has not signalized local access street
intersections with arterial streets to satisfy requests
from adjacent property owners for enhanced street access
to private properties. To do so would be inconsistent
with past practice, City policy, and, most importantly,
would degrade the function of the arterial street system.
A precedent, permitting local access intersection
signals, would significantly slow traffic flow on the
City's arterial system as well as add to annual signal
maintenance and replacement costs.
The City of Yakima's arterial policy is to:
Improve and maintain all existing arterial
street systems for the safe and economical
movement of people and goods within the urban
area. Land Use decisions will consider the
impact on adjacent streets and roads.
(Yakima Urban Area Comprehensive Plan, TR -16).
111 EXAMINER'S RECOMMENDATION 6
1536 0396
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA` WASHINGTON 98907
(509> 24184706
In this instance, the applicant proposes to subdivide
'land change zoning, and establish a street network and
adjacent non-residential land uses. This development is
projected to generate traffic volumes (3,273 daily trips,
Phase I) which will warrant the need for a traffic signal
(page 25, Transportation Impact Analysis for Pearson
property, TRANSPO, July 14, 1995) at a non -arterial
street (Children's Way).
Additionally the applicant proposes to construct
widening, channelization and other improvements to North
40th Avenue and Children's Way leading to increased use
of the intersection and facilitation of future
signalization all for the purpose of enhancing private
access rather than improving or maintaining the existing
arterial system.
In previous project review, the City offered the
applicant an opportunity to develop Children's Way as a
collector street which would link Fechter Avenue to the
west and Powerhouse to the east. This alternative would
have provided an addition and improvement to the City's
arterial system that also would have warranted,
eventually, a signal which would serve both the interests
of the applicant and the City of Yakima (see attached
letter). The current proposal by the applicant rejects
the offered alternative and, by including a bank, is also
inconsistent with the City's direction regarding the
approved Smith development. The City has consistently
declined to support location of a bank facility on the
Smith property due to land use as well as traffic
impacts.
Accordingly, the responsible official issued a Mitigated
Determination of Nonsignificance, imposing the following
conditions:
Mitigation Measures:
1. Limit future land uses in the proposed B-1,
Professional Business zoning district to Class I land uses.
2. Allow no widening or improvements to North 40th
Avenue.
3. Remove channelization islands at the intersection of
Kern Road and North 40th Avenue.
4. Complete Kern Road as a local access street.
EXAMINER'S RECOMMENDATION 7
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HEARING EXAM*
FOR THE
CIT' AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(809) 248-0706
voi 1536 0397
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5. Require dedication of right of way along North 40th
Avenue of a total of 50 feet from the center line of the street.
S. No driveways shall be allowed directly to North 40th
Avenue.
7. Allow construction of Children's Way as a local
access street.
These measures are generally supported by the
evidence submitted at the hearing. The only significant
modification deals with improvements to North 40th Avenue, the
basis for which are dealt with in the preliminary plat review
below. The conditions of approval set forth at the conclusion of
this recommendation are intended to combine and include, except as
modified therein, the mitigation measures imposed in the MDNS.
As covered in the plat below, the Pearsons during the
hearing proposed future relocation Fechter so that it ties in with
Castlevale (Children's Village Way). Relocation of Fechter is
responsive to staff concern, quoted above, relative to future
additional traffic signals on 40th Avenue.
9. rezone. The criteria for rezones established by YMC
15.23.030(5) are considered below:
9.1 Testimony. The weight of the testimony was
clearly in favor of the rezone. Jim Smith did raise some concerns,
expressed in both a letter and comments, that a need for additional
B-1 property was not clearly established, given the B-1 lots which
he has developed adjacent to this project which have not yet sold
or developed.
It is probable that development of the recently approved
Children's Village, and completion of Kern Road with a full
intersection with 40th (reviewed in the plat component below) will
spur B-1 development in this area. Furthermore, given an apparent
continuing interest in locating businesses along 40th, coupled with
full development of Dr. Taylor's B-1 property at 40th and
Englewood, this property will increase the availability of vacant
B-1 parcels, which are in short supply in the urban area.
This property is well suited to B-1 uses. It is located
EXAMINER'S RECOMMENDATION 8
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
4110-1,1536
I� POST OFFICE SOX 4
vas 536 YAKM i 0ASM� T0�98907
on an arterial, making it somewhat less desirable for residential
development, due to the noise and fumes generated by traffic.
The primary concern about this property, regardless of
the type of development, is how to minimize traffic impact on 40th
Avenue.
9.2 Agency Recommendations. Other than the traffic
concerns, dealt with in the plat review below, all agency
recommendations are in favor of this rezone.
9.3 Compliance with Comprebensive Plan and Zoning
Ordinance. One of the objectives of the comprehensive plan is to
assure that future development is compatible with existing uses.
Existing development consists of high density multi -family
residential to the southeast, and a relatively undeveloped B-1 plat
directly to the south.
This rezone will continue to establish a pattern for
future development of the area. This pattern is consistent with
the directives of the comprehensive plan, which states that
professional services are generally compatible with high density
residential areas, and should be located -along arterials, with
sidewalks and full utilities. This B-1 development along 40th will
help to shield the R-3 property to the east, and will not adversely
affect the triangular R-3 property to the north.
This proposal is consistent with both the comprehensive
plan and the zoning ordinance. The zoning ordinance criteria are
the ones being considered in this subsection, and are all
satisfied.
9.4 Adequacv of Public Facilities. As part of the
preliminary plat, water and sewer mains will be constructed,
together with completion of Kern Road and construction of the
Castlevale extension. Upon preliminary plat approval, all public
facilities will be adequate. Individual projects may throw more
traffic onto the street which will require consideration of the
impact on 40th. The basic design of the street connections to 40th
is of major concern, and dealt with below. As set forth in the
preliminary plat review, the public facilities to be constructed in
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order to obtain final plat approval will adequately service this
rezone as well as contiguous R-3 property.
9.5 Compatibility. This is a developing area and
therefore this rezone does not pose compatibility concerns. The
only significant existing development is the high density
residential located generally to the south and east, bounded by
34th and Englewood Avenues. Due to the distance between these
projects and the street connections, this project will have little
to no impact on the existing R-3 housing.
9.6 Ppblic Need. Public need is a criteria set forth in
the Urban Area Zoning Ordinance, and is treated herein as
consistent with the state law requirement that a change in
circumstance be established in order to justify a rezone.
This zoning ordinance was established in 1986. For at
least 10 years this property has been zoned R-3 and has not been
developed, notwithstanding the relative scarcity of R-3 zoned open
land within the urban area. During that same 10 year period,
substantial development, reviewed extensively during the hearing
and to a lesser extent in the attached Appendix "A", has occurred
along 40th Avenue from Englewood to Fruitvale Blvd. This
development has all been of a commercial and office nature. It
reflects a significant change in the area and represents continuing
and apparently increasing demand for this type of zoning in this
area of 40th. A public need for the rezone has clearly been
established.
10. preliminary Plat Review.
10.1 Lots. Lots 1 through 10 constitute the B-1 rezone.
Lots 1 through 5 are located between 40th and 39th, on the west and
east, and between Castlevale and Kern on the north and south. None
of the lots will be permitted to have vehicular access to 40th
Avenue. This will be enforced by an appropriate note on the face
of the plat. These six lots range in size from 15,815 square feet
to 82,493 square feet.
Lots 7 through 10, also B-1 lots, are east of 39th, and
will border Children's Village, to be located onthe four acre R-3
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lot east of this rezone. These four lots range in size from 21,012
square feet to 39,952 square feet. They will all have access on
i th, Kern, or Castlevale.
Lot 11 is the triangular R-3 lot located north of the
Castlevale extension, bounded by 40th on the west and Powerhouse
Road on the east. Vehicular access will be from Castlevale. No
connections to 40th or Powerhouse will be permitted, except that
the existing house at the north apex of the triangle will retain
its existing driveways until redeveloped. This lot 11 is 3.91
acres.
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10.2 Utilities. Public water and sewer will be extended
to all parcels. Eight foot utility easements are reflected on the
plat. Storm drainage will be retained on site.
10.3 Sidewalks. Kern Road, pursuant to a private three
party agreement and with prior approval by the city, is currently
being constructed to local access street standards, except that 5
foot wide sidewalks are being required on both sides of Kern.
Pearsons propose a sidewalk on one side of 39th, and also
on one side of Castlevale.
Sidewalk design is governed by YMC 14.30.080. At a 111
minimum, sidewalks are to be located on "at least one side" of all
local access streets, with a minimum width of four feet. Sidewalks
are required to be placed on both sides of arterial and
neighborhood collector streets, with a minimum width of 7 feet.
There are no clear cut rules as to when sidewalks should
be required on both sides of a street. Although designed to local
access street standards, these interior streets will funnel all
traffic out to the arterials, and in that sense could be considered
collector streets, justifying sidewalks on both sides.
Given the high degree of commercial activity expected to
develop in this area, and the high density residential housing
which is permitted on lot 11, it is more appropriate to have 5 foot
sidewalks on both sides of both 39th and Castlevale, consistent
with the Kern Road development.
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This property does not have a sidewalk on its frontage
with 40th, from Kern Road north to Powerhouse. It is a requirement
of the subdivision ordinance that sidewalks on arterials be
constructed. This requirement is opposed by the developer, who
reasons that the sidewalk serves the public as much as it does this
project. Although that argument has merit, the local requirements
are clear: "Sidewalks shall be placed on both sides of all
arterial and neighborhood collector streets and shall have a
minimum width of seven (7) feet." (YMC 14.30.080(A)(3)).
When Jim Smith did the Medical View West project to the
south, he did not have to install a sidewalk on 40th, since it was
already in place. He was required, as a condition of that rezone,
to dedicate additional right of way, consistent with arterial
street standards for right of way width adjacent to an arterial
intersection (40th and Englewood).
Bill Huibregtse estimates the cost of installing a
sidewalk on the Pearson property at about $35,000.00. This cost is
offset by the fact that Pearsons are not required to dedicate
additional right of way for 40th, since right of way width in this
stretch of 40th is consistent with the street's classification.
10.4 Streets.
10.4.1 ;ern Road. As previously indicated, Kern
Road is currently being built with private money to a local access
street standard within a 50 foot right of way. It will connect
Powerhouse to 40th. As part of the Smith plats to the south, the
intersection of Kern with 40th was limited to right -turn -in right -
turn -out. Messrs. Smith and Pearson both support removing the
right -turn -in right -turn -out configuration, allowing a full
intersection with 40th. The pavement width will accommodate a left
turn lane in Kern if parking is prohibited.
Mr. Smith is of the opinion that the inability to make a
left turn from south bound on 40th onto Kern Road has severely
limited the marketability of his property. Allowing a left turn on
40th onto Kern Road, without providing a left turn lane on 40th,
will exacerbate existing problems on 40th. The Kern Road
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intersection with 40th, however, is relatively flat, and could in
the future be reconstructed to include a left turn lane in 40th.
The left turn lane to be built by Pearsons on 40th for
left turns south bound on 40th into Castlevale (Children's Village
Way) provides an alternative access route and is likely to relieve
the adverse impact of left turns at Kern, since motorists will have
more choices.
The right -turn -in right -turn -out requirement imposed on
Smith was due to a concern, as reflected in my recommendation on
that case, to avoid interfering with the arterial capability of
40th. At the time we were processing the Smith plats, the city had
not yet completed the study identified in Appendix "A". I was
advised that the city was unwilling to make any decisions about
40th until the study was completed, and therefore the decision on
the Kern Road intersection amounted to an attempt to maintain the
status quo until we had a more informed approach to the problems
with 40th.
The 1993 study identified a number of concerns relative
to 40th Avenue, and then explored financing alternatives for those
concerns. The financing alternatives were not acted upon by the
City Council, and therefore the report was considered tabled by
staff. Notwithstanding the admitted difficulty in figuring out how
to finance the improvements, the report still contains
uncontroverted factual information concerning the impact of
development along 40th Avenue, and is therefore included in the
record of this proceeding.
The report identifies the need for a continuous left turn
lane in 40th. This is responsive to the concerns of the adjacent
church, and acknowledges the desirability of an unrestricted
intersection at Kern Road.
If making this an unrestricted intersection creates undue
safety problems, it is relatively simple to install a barrier
island creating the right -turn -in right -turn -out configuration.
10.4.2 Castlevale Extension (Children's Village Way).
This is designed with a cul de sac at the east end, due to the
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steep slope down to Powerhouse. At some point this road may be
extended to connect with Powerhouse, but it is not feasible at this
point. Pearsons are willing to dedicate the right of way extending
to Powerhouse, although that is not reflected on the preliminary
plat.
In order to enable connection in the future, it is
appropriate to require dedication
Powerhouse, together with an
accommodate the temporary cul de sac.
of the right of way to
access
easement sufficient to
A note can be placed on the
plat automatically vacating the temporary access easement (which
will accommodate the bulge in the cul de sac outside the normal
right of way width) at such time as the street is physically
connected to Powerhouse.
The intersection of Castlevale with 40th is designed to
accommodate a left turn lane in Castlevale, which requires
prohibition of on street parking.
10.4.3 40th Avenue. A vital concern, repeatedly
expressed by planning staff and acknowledged by all, is to maintain
the arterial function of 40th Avenue. The various parties do not
agree, however, on how to accomplish this. Planning staff prefers
to avoid doing anything to 40th which makes it easier to install a
traffic'signal in the future at either Kern or Castlevale. Thus
are reluctant to allow the left turn lane in 40th at Castlevale.
Pearsons want the 40th/Castlevale intersection to be the
primary intersection, because it is the most logical for servicing
both the R-3 and B-1 properties east of 40th. Smiths prefer that
the left turn lane be installed on 40th at Kern Road for that will
better serve their B-1 property as well as Children's Village,
connects through to Powerhouse, and is the level stretch of 40th as
compared to Castlevale/40th.
Based upon the traffic study commissioned by the
Pearsons, coupled with the amount of available undeveloped land on
both Aides of 40th owned by Pearscns, it is reasonable to conclude
that at some point in the relatively near future another traffic
signal will be required at one of these two intersections.
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Improvements done now to either intersection will undoubtedly
influence the future signal location. •
Pearsons own about 40 acres of orchard on the west side
of 40th, and have been exploring the development potential of that
property. It has frontage on 40th from Fechter to Castlevale, and
also ties into Kern Road at the southwest corner of the mobile home
park. Kern Road west of 40th is a graveled lane and appears to
have significant right of way limitations.
When this west forty is developed, Pearsons propose
relocating Fechter, closing its existing intersection with 40th,
turning south off the hill near Pearsons' pump station and curving
down through the orchard, lining up and intersecting with 40th at
Castlevale.
City staff prefer relocating Fechter to come around west
of the mobile home park and tie into Kern Road. Smiths support
this, because it fits in with their other reasons to have the
future signal at Kern.
Approximately the west 30 acres of the west forty are
zoned R-1. About 11 acres, bordered by Fechter and 40th, are zoned,
R-2. With the exception of the Pearson property which is the
subject of this present application, the west forty is the largest
undeveloped tract of land in private ownership on North 40th. It
is unrealistic to deny it primary access to 40th Avenue along its
frontage between Fechter and Castlevale. If access to 40th must be
at Kern for this forty acres, that will work a significant hardship
on the development of this property and may not be justified either
on constitutional principles or basic principles of fairness. If
one travels the length of 40th, from Fruitvale Blvd. south to
Washington Avenue, there is not a single example of this degree of
access limitation. On a practical basis, taking into account
development trends in this community, it is simply unfair not to
let Pearsons have access directly from 40th to their west orchard.
If one accepts this right of direct access as a
practical, legal, or political reality, then the only question is
how best to design now to accommodate this access in the future.
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Castlevale is clearly the best location, as compared to
anywhere along 40th north to Fechter. It is not ideal, because of
Lne yrade on 40th. The grade, however, is no greater than the
grade involved at the intersection of 72nd and Summitview, soon to
be signalized by Yakima County.
If the west forty were not a factor, I would recommend a
left turn lane in 40th at Kern, rather than Castlevale.
Absent throughout the analysis during the hearing was any
reference by anyone to the 1993 study commissioned by the City
concerning future traffic improvements required for 40th Avenue
from Englewood to Powerhouse. I introduced the October 5, 1993
memorandum prepared by the Planning Division entitled North 40th
Avenue Transportation Report. Mr. Huibregtse had previously
indicated that in his opinion 40th Avenue needs a continuous left
turn from Englewood north to the traffic signal at River Road.
Interestingly, he made that observation without apparent knowledge
of the 1993 report, which comes to the same conclusion. None of
the analysis of this project's impact on 40th has referenced this
report, and yet one of the specific objectives of the report was to
"reduce the need for additional traffic studies that would
otherwise be necessary as individual properties develop." (Report,
page 3). This report, minus its appendix which details funding
alternatives, is attached as part of Appendix "A" to this
recommendation.
The left turn lane proposed by Pearsons in 40th at
Castlevale is consistent with the 1993 study. Providing a left
turn lane allows through traffic to continue without being affected
by the left turn activity, and is consistent with maintaining the
arterial function on 40th. Starting a left turn lane for the
Castlevale intersection is probably the first step in ultimately
developing a continuous left turn lane south to Englewood. This
would be responsive to the concern of the Nazarene Church, is
responsive to concerns by Mr.Smith, is consistent with Mr.
Huibregtse's opinion, and is supported by the 1993 traffic study.
As reviewed further in the appendix, there may be an opportunity to
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bootstrap the private commitments by developers for funding public
improvements into an application to obtain state and local funds
iur more significant improvements to 40th. Mr. Huibregtse
estimates the cost of providing the left turn lane in 40th at
Castlevale approximately $100,000.00. It may be possible to use
these private expenditures as part of the local match in competing
for arterial improvement funds.
11. Public Notice. Notice of this public hearing was given
in the following manner.
Legal Ad published May 17, 1996
Property posted May 17, 1996
Parties of Record notices mailed May 17, 1996
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. The proposed rezone conforms to the goals and policies of
the Yakima Urban Area Comprehensive Plan and to the intent of the
Yakima Urban Area Zoning Ordinance, the applicable provisions of
Washington state law, and will serve the public use and interest.
The property is suitable for uses permitted in the B-1 District;
any problems with neighborhood compatibility can be resolved.
3. The proposed preliminary plat conforms to the goals and
policies of the Yakima Urban Area Comprehensive Plan, and to the
intent of the Yakima Urban Area Zoning Ordinance, the provisions of
the Yakima City Subdivision Ordinance, the applicable provisions of
Washington state law, and will serve the public use and interest,
subject to the conditions set forth in the recommendation below.
4. All notice provisions of the ordinance have been complied
with.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
EXAMINER'S RECOMMENDATION 17
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1. Approve this rezone application, from R-3 to B-1.
2. Approve this preliminary plat application, subject to the
following conditions:
A. All lots shall be served by public water and sewer.
B. Fire hydrants shall be provided and installed at
locations pursuant to specifications of the City of Yakima.
C. All new utilities installed as part of this
preliminary plat shall be underground. Minimum 8 foot wide
utility easements must be provided adjacent to all public road
rights of way and as specified by the utility providers.
D. 39th Avenue, between Kern Road and Castlevale shall
be constructed as a local access street within
50 feet of dedicated right of way, with 5 foot wide sidewalks on
both sides, together with barrier curb, gutter, pavement, and
street lights pursuant to standard city specifications for local
access streets.
E. Castlevale shall be constructed between North 40th
Avenue and a 40 foot radius cul de sac on the east side in the
position reflected on the preliminary plat. It shall be
constructed within 50 feet of dedicated right of way except for the
temporary cul de sac. The right of way shall extend the full
distance between 40th Avenue and Powerhouse Road. A temporary
access easement shall be created for that portion of the cul de sac
which cannot be accommodated within the dedicated right of way. A
note on the face of the plat shall indicate that the easement shall
be automatically vacated when Castlevale is physically extended to
Powerhouse. Castlevale shall be constructed to local access street
standards, together with 5 foot wide sidewalks on both sides (to
the bulb of the cul de sac).
7. Kern Road shall be constructed within 50 feet of
right of way to a local access street standard, with 5 foot wide
sidewalks on both sides, pursuant to the preexisting private three
party agreement. The intersection of Kern Road with 40th shall be
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A
constructed in a conventional manner, deleting the previously
required right -turn -in right -turn -out barrier island.
Parking shall be prohibited on Kern, 39th and Castlevale.
Appropriate action shall be taken by the City Council at the time
these streets are approved and accepted by the City as part of the
public street system. This will presumably occur upon final plat
approval, but may occur earlier for Kern Road.
G. North 40th Avenue shall be widened in the vicinity
of its intersection with Castlevale, in order to accommodate a left
turn lane in 40th for south bound traffic turning east onto
Castlevale. The 5 lanes to be created in 40th at this location
shall each 'be 12 feet wide. The storage lane length and associated
taper shall be determined by the applicant's civil engineer and
approved by the city engineer.
R. A seven foot sidewalk shall be installed by the
applicant on this property's frontage with 40th Avenue, from Kern
Road to Powerhouse Road.
I. No right of way shall be dedicated by Pearsons along
North 40th Avenue, because the existing right of way matches the
existing required right of way width for the street's arterial
classification.
J. No direct vehicular access is allowed from 40th
Avenue to lots 1, 3, 4, 5, and 11. No direct vehicular access is
allowed from Powerhouse Road to lot 11. Access to lot 6 from Kern
Road shall be at least 180 feet from the intersection of Kern with
North 40th Avenue. Lots 3, 4, and 5 shall have vehicular access
only from North 39th Avenue. These vehicular access restrictions
shall be reflected in an appropriate note on the face of the plat.
K. A11 driveways shall be of a commercial type. The
radius of all street intersections and private driveways shall be
designed with special attention to the accommodation of semi-
trailer delivery trucks.
L. Final lot dimensions and lot areas shall
substantially comply with the preliminary plat drawing received by
the Planning Division, dated March 21, 1996.
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N. The City Engineer shall approve all public
improvements, including street and utility plans, which must be
prepared by a licensed professional engineer. The developer must
arrange a preconstruction conference prior to any road or utility
construction within the proposed or existing road rights of way; an
inspector from the City must inspect the actual road construction.
N. A method of dust control during the construction
phases shall be submitted to, and approved by, the Yakima County
Clean Air Authority. A written copy of their approval must be
submitted to the Planning Division prior to construction of any
work phase. The developer must designate a responsible party for
contacts during working hours regarding alleged air quality
violations.
O. The applicant is responsible for contacting the
State Department of Ecology to determine if a storm water permit is
necessary.
P. Class 2 or Class 3 uses proposed for any lots in
this preliminary plat will be reviewed pursuant to the zoning
ordinance and regulatory provisions in effect at the time, and will
include review of traffic related impacts on adjacent arterials.
Q. The following notes must be placed on the face of
the plat:
1. No direct vehicular access is allowed from 40th
Avenue to lots 1, 3, 4, 5, and 11. No direct vehicular access is
allowed from Powerhouse Road to lot 11. Access to lot 6 from Kern
Road shall be at least 180 feet from the intersection of Kern Road
with North 40th Avenue. Lots 3, 4, and 5 shall have vehicular
access only from North 39th Avenue.
2. The owners shown hereon, their grantees, and
assignees in interest hereby covenant and agree to retain all
surface water generated within the plat on site. Any natural
drainage ways must not be altered or impeded.
3. The temporary access easement created to
accommodate the cul de sac at the eastern terminus of Castlevale
shall be automatically vacated at such time that Castlevale is
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physically connected to Powerhouse Road, and accepted by the City
of Yakima as a public street.
R. Prior to recording the final plat or issuance of
building permits, all required plat improvements must be installed,
or alternatively an escrow account established or a bond provided
in an amount and with conditions acceptable to the City to assure
installation of all required improvements. Building permits may be
issued on a lot by lot basis by the City when determined that
building construction will not interfere with utility and roadway
construction.
8. If the developer elects to escrow or bond for the
required plat improvements, and fails to complete them in the time
specified in the escrow or bond agreement, the City Engineer shall
have the authority to suspend issuance of building permits or
occupancy permits until the required improvements are accepted as
satisfactorily completed.
T. All conditions contained herein must be satisfied
and the final plat submitted within the maximum five year time
period set forth in RCW 58.17.140.
Respectfully submitted this ( day of July, 1996.
PHILIP A.
Hearing Examiner
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master Application for a
Rezone and Preliminary
Plat filed by
D.E.P. Properties
Concerning Pearson Orchard
East of North 40th Ave.
APPENDIX "A"
City No. UABO PP#2-9S
RS14-95
Examiner No. 196-24-34
Pearson's master application is one in a series of recent land
use proposals which will cumulatively have a significant impact on
North 40th Avenue. The purpose of this appendix is to place this
development in perspective with past and probable future projects
along 40th. With this perspective it may be possible to develop a
comprehensive approach to obtain state and federal funding to make
significant public improvements to 40th Avenue, north from
Englewood.
If Pearson's project is approved and developed as proposed,
Pearsons will spend approximately $100,000.00 to develop a left
turn lane in North 40th Avenue in conjunction with the Castlevale
intersection. They will also spend approximately $35,000.00 to
install a sidewalk on the east side of 40th, from Kern Road to
Powerhouse. In addition they will completely fund, and provide the
land for, construction of the Castlevale and 39th Avenue interior
streets. They will also participate with two other land owners in
the 100% private financing, including right of way and ail
construction costs, of Kern Road between 40th and Powerhouse.
The Smith Family Trust in conjunction with the Medical View
West plats has dedicated additional right of way along 40th near
the intersection with Englewood, has provided funding for
installation of left turn signals at 40th and Englewood, and has
made right of way improvements to Englewood, in addition to
constructing North 39th Avenue from Englewood to Kern Road.
Dr. Michael Taylor, as part of the 37 House and related
development projects on the southwest corner of 40th and Englewood,
has dedicated right of way on Englewood.
Appendix •'A" -
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The Fred Meyer project, approved in 1991, resulted in
additional right of way and frontage improvements to 40th from the
River Road/Powerhouse intersection to the north, including a new
traffic signal at 40th and River Road, and significant right of way
and frontage improvements to Powerhouse Drive. Improvements
included continuous left turn lanes, as well as deceleration lanes.
As developed, Powerhouse has a deceleration lane for right turns
into Fred Meyer. Fortieth has deceleration lanes for right turns
into the McDonald's/Bi-Mart/ARCO corner. It may be appropriate to
consider additional use of deceleration lanes, in addition to
continuous left turn lanes, in other locations on 40th.
The Abrams/Matthews conditional rezone for the M-1 property
behind Fred Meyer on Powerhouse required continuation of the right
of way widening and frontage improvements on Powerhouse, consistent
with the Fred Meyer project. Currently under consideration by
Examiner Pro Tem Adams is a manufactured home park proposed by
Matthews gt al which would continue those frontage improvements on
Powerhouse.
The City of Yakima has recently covered one of the canals
paralleling Powerhouse Road, and is currently planning for and
constructing a bicycle path on Powerhouse, southeast from its
intersection with 40th.
Pearsons have not yet settled on development plans for their
orchard located on the west side of 40th. During this master
application however, they have broached the idea of closing Fechter
at its current intersection with 40th, and relocating Fechter to
come off the hill by the Pearson's pump station, bending around
through the orchard and intersecting 40th at the new Castlevale
intersection. This proposed intersection would then serve as the
primary access point to 40th for all of the Pearson orchard west of
40th.
Pearsons have expressed a willingness to consider donating the
right of way necessary for this relocation of Fechter. None of
these details have yet been resolved, as no application is
presently on the table. Pearson's current thinking is that the
Appendix 8 A• - 2
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HEARING EXAMNE",
FOR THE
CRT AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0706
VOL1536 0413
west orchard may be developed with a variety of single family
housing, together with some sort of retail or office related
project in the quadrant formed by relocated Fechter and 40th
Avenue.
It is entirely possible that when the west orchard develops an
additional traffic signal will be required on 40th Avenue, perhaps
at the new Castlevale intersection. There continues to be debate
as to whether the traffic signal should best be located at Kern
Road or Castlevale. That has not yet been resolved but the
probability of an additional signal somewhere is high.
Against this background of private development it is
interesting that the city commissioned a study of 40th Avenue which
was completed on October 5, 1993 and submitted by the Planning
Division to the City Council. My understanding is that the study
was subsequently tabled by the Council, perhaps in part to an
apparent lack of funding alternatives available to deal with the
recognized existing needs, and also perhaps due to an unwillingness
to consider adoption of mitigation or impact fees. The memorandum,
consisting of 18 pages, is attached as Exhibit "1". The financing
options and related analysis were attached as an appendix to the
memorandum, and are deleted from this document due to their length.
The study identifies the development potential along North
40th. It assumes that there will be no new driveways to 40th, that
there will be no new access allowed to Fechter as it currently
exists, and that large parcels when developed will include internal
streets which provide two access points to the public roadway
system.
The recommendations for 40th are a continuous center lane from
Englewood to River Road, sidewalks on both sides, bike lanes, and
bus pull outs. In processing the Pearson application, only the
sidewalk requirement was recommended.
It may be possible to make some of these other improvements by
competing for Surface Transportation Program (STP) and Urban
Arterial Trust Account (UATA) funds. In fiscal year 1997, for
instance, the local component of the STP funds, available for urban
Appendix "Aon - 3
voi 1536 0414
HEARING EXAMINER
FOR THE
CITY ANO COUNTY OF YAK NA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
1509) 248-0706
projects within Yakima County, totals $310,784.00. Those funds
went to Grandview, Wapato, Union Gap, and Yakima County. The City
of Yakima did not compete.
Developments along 72nd Avenue, in the urban area, provide a
glimpse of how developer expenditures related to specific projects
can be used for local match. Improvements to 72nd Avenue were
broken into phases, extending from Summitview on the north to
Washington Avenue on the south. STP competitive funding provided
$461,000.00. Contributions by developers totaled $120,700.00.
Yakima County initially committed $492,300.00 as part of the local
match. I understand that that local commitment of county revenues
has subsequently been reduced to approximately $100,000.00, due to
the receipt of other state and federal funds. The result is that
approximately 2.6 million dollars of improvements will be made to
72nd, with a county tax revenue investment of about $100,000.00,
and a developer investment of about $120,000.00. That is an
excellent return on local money.
It may not be possible to do the same thing with 40th, but it
seems worthwhile to explore the possibility of combining the
improvements made by Fred Meyer with those by the Smith and
Pearson families to renovate 40th, Powerhouse, and Englewood. This
is particularly attractive if the cash value of actual public
improvements to the streets count toward the local match. During
the Fred Meyer hearings, their testimony vas that the traffic
signal and related improvements to 40th and Powerhouse totaled
approximately $800,000.00. Another potential partner in this is
Yakima County, since they have jurisdiction over some parts of
Powerhouse, and presumably are concerned about farm to market roads
and the role of 40th in providing access to the West Valley. The
county has partnered with other municipalities in joint
applications, which then benefit from the availability of
discretionary dedicated county road funds.
Appendix •Ac' - 4
Tf '
74.
ty4" . ,,
VOL 1536 0415
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HEARWG EXAMINE
FOR THE
CITY ANO COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98207
(509) 248-0706
Attachments:
41111 1) October 5, 1993 Memorandum Re North 40th Avenue
Transportation Report
2) Physical Year 1997 STP Direct and Competitive Allocations
3) 72n3 daAve. Project (1 page)
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Appendix "An -
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VOL 1536 0416
HEARING EXAMNER
FOR THE
OTT AND COUNTY OF YAK,4A
POST OFFICE BOX 4
YAKNAA. WASHINGTON 98907
18091 2 48 0706
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 3
For Meeting Of September 3. 1996
ITEM TITLE: Legislation to Implement the Rezone and Preliminary Plat for
Property owned by Delmar Pearson etal, on the East Side of North 40th Avenue and
North of Kern Road as approved by City Council on August 6, 1996 and recommended
by the Hearing Examiner
SUBMITTED BY Glenn Valenzuela, Director
Community and Economic Development
CONTACT PERSON/TELEPHONE:
SUMMARY EXPLANATION:
Joan Davenport,
Supervising Associate Planner
(575-6164)
The City Council voted to approve the rezone and preliminary plat for .the Pearson
property on August 6, 1996 City legal staff has prepared the legislation to implement
this Council action
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source None
APPROVAL FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION Adopt the legislation
BOARD RECOMMENDATION City Council approved application on August 6, 1996
subject to conditions.
COUNCIL ACTION