HomeMy WebLinkAbout1994-014 Zoning and Land use • ORDINANCE NO 94_ 14
AN ORDINANCE relating to zoning and land use, rezoning property located
south of Sunfair Chevrolet and Lynch Motors, west of Sarg
Hubbard Park, and east of I -82, from Suburban Residential
(SR) to Central Business District Support (CBDS), amending
the zoning map of the City of Yakima, approving the
petition for vacation of certain street rights of way,
approving the Class 2 use of a retail facility in the Greenway
Overlay Zoning District and Floodplain Overlay Zoning
District, approving administrative adjustment of parking lot
design and landscaping standards, and subject to all of the
conditions contained in the hearing examiner's
recommendation
WHEREAS, on January 13, 1994, the Hearing Examiner held a public
hearing on an application submitted by KPFF Consulting Engineers for rezone of
property located south of Sunfair Chevrolet and Lynch Motors, west of Sarg
• Hubbard Park, and east of I -82 from Suburban Residential (SR) to Central
Business District Support (CBDS), vacation of certain street rights of way, Class
2 review of a retail facility in the Greenway Overlay Zoning District and
Floodplain Overlay Zoning District, and administrative adjustment of parking
lot design and landscaping standards, and
WHEREAS, as a result of that hearing, the Hearing Examiner
recommended to the City Council that the rezone and associated approvals be
granted, subject to certain conditions, and
WHEREAS, the City Council held a public hearing on the application on
March 15, 1994, which public hearing was continued to March 29, 1994, and
WHEREAS, at its public meeting on March 29, 1994, the City Council
determined to accept the Hearing Examiner's recommendations, subject to
certain modifications, and found that said recommendations, as modified, are
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0 consistent with the consideration set forth in Yakima Municipal Code,
Subsection 15 23 030(E) and should be adopted, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. The decision of the Hearing Examiner recommending the
rezone of property located in Yakima, Washington, and legally described in
Exhibit A, attached hereto and incorporated by reference herein, (the
"Property "), from Suburban Residential (SR) to Central Business District
Support (CBDS), to approve the vacation of certain street rights of way in
connection with the master application, to approve the Class 2 use of the
subject retail facility, and to approve administrative adjustments to parking
lot design and landscaping standards, all subject to certain conditions set forth
in the Hearing Examiner's recommendation, as modified herein, is hereby
affirmed, and the above - described property will be rezoned to CBDS upon
i satisfaction of all of the conditions of precedent set forth in Section 2 below
The subject retail center is hereby approved as a Class 2 use in the Greenway
and Floodplain Overlay Zoning Districts, and the administrative adjustment of
parking lot design and landscaping standards is hereby granted, both subject
to all of the conditions precedent set forth in Section 2 below
Section 2. This rezone is expressly made subject to the following
conditions precedent, all of which must be satisfied within three (3) years after
the approval date of this ordinance
A City Engineer approval of floodplain development
impact calculations, pursuant to YMC Chapter 1158 Building
construction shall be raised one foot above base flood elevation or
flood proofed in accordance with the Flood Damage Prevention
Ordinance, YMC Chapter 1158
B City Engineer approval of design and capacity of
IP drainage swale to accommodate off -site drainage discharged onto
the site The design shall indicate the piped portion of the
drainage system in the right -of -way of Riverside Drive and the
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details of discharge onto Sarg Hubbard Park property Any permits
required for this discharge are the responsibility of the City of
Yakima The City shall be responsible for preparing the
conveyance document for the drainage easement across the site
The initial facility shall be designed and built at the expense of the
applicant Maintenance and operation thereafter shall be the
responsibility of the city The city shall install a pretreatment
device in the manhole west of the I -82 culvert.
C City Engineer approval of on -site storm water
management including infiltration areas in lieu of dry wells
D With respect to the on -site and off -site drainage
systems, all fills inconsistent in character with the underlying
native soil shall be removed in the areas where these systems are
constructed The objective is to return the area to its natural
condition, maintaining the wetland area, and replanting with
approved species for wetland and grassy swale management
systems
E. City Traffic Division and City Engineer approval of
traffic signal design, including I -82 interconnect and from Terrace
Heights Drive Physical enhancements to the intersection shall
include a 280 foot nght turn lane and taper for east bound traffic
from Terrace Heights Drive to 17th Street Installation and
improvements shall be at the expense of the applicant.
F City Engineer approval of street improvement
engineering plans and right -of -way dedications necessary for the
following items
1 Three lanes, with full improvements for
South 17th Street, including street lights, curbing,
sidewalks on both sides of the street, within the
existing 55 feet of right -of -way
2 Chestnut Street improvements including
street lights, sidewalk, curbing, planter islands, and
associated curb cuts for parking lot access including
an entry throat south of 17th, all of these
improvements shall be required only for the south side
of Chestnut Street. The right of way for Chestnut west
of 17th shall be 50 feet. East of 17th the right -of -way
• shall be 60 feet, with curb and gutter required on both
sides of the street but sidewalk only on the south side
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3 Connection and improvement of Chalmers
Street and Chestnut Street, including a bus stop on
Chalmers, street lights, sidewalk, and curbing
Chalmers Street improvements shall be required along
the frontage controlled by the applicant, including
sidewalks, with right -of -way of 60 feet.
G Riverside Street pavement shall be patched after
installation of the storm drainage facility
H Frontage improvements on 18th Street, along the
landscaped portion of the parking lot, shall not be required at this
time
I City Engineer approval of water and sewer plans and
profiles
J Landscaping plan, including appropriate vegetative
cover for wetland in drainage swale, to be approved by the
Planning Division, in consultation with the Greenway Foundation
and Department of Ecology
K. Planning Division approval of extenor building texture
and color sensitive to recommendations from Greenway
Foundation, as supported by the Greenway design guidelines
L. A site screening fence 6 feet in height shall be installed
along the south property line bordenng the SR zone
M One freeway sign shall be allowed, as proposed on the
site plan The sign may have an illuminated cabinet, but no
exterior illumination
N One off - premise sign shall be allowed at the southeast
corner of the intersection of Terrace Heights Drive and South 17th
Street
O The administrative adjustment concerning parking lot
design is approved, permitting nine and a half foot wide, 18 foot
deep, 90° parking spaces, with a dnveway width of 25 feet.
P All landscaping and building designs shall be
approved in writing prior to issuance of a building permit.
•
Q A final site plan, which includes the items shown on
the original site plan, the additions or modifications required by
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0 this decision, and demonstrating compliance with the Urban Area
Zoning ordinance, shall be submitted to the Planning Department
prior to issuance of a certificate of zoning review or building
permit, pursuant to YMC 15 12 050
R. Street improvements shall be completed (or a bond or
other means or surety posted to the satisfaction of the City
Engineer) prior to issuance of a Certificate of Occupancy by the
City of Yakima.
S Participation in the cost of a partial signal installation
at the intersection of 18th Street and Terrace Heights Drive for
westbound traffic to facilitate truck traffic, with the maximum
financial obligation of $24,000 Other parties to participate in this
improvement include the City of Yakima, Central Premix, Superior
Asphalt and Bob Hall, whose obligations are specified in a separate
agreement. Final design by the City of Yakima will be subject to
consultation by Yakima County Public Works and W S D 0 T
Upon satisfaction of all the foregoing conditions precedent, the Director of
41, Community and Economic Development shall execute a recordable written
instrument certifying that all of the conditions have been satisfied and that
the rezone provided for herein has become effective This Certificate of
Satisfaction of conditions shall be recorded with the Yakima County Auditor's
Office, provided, however, that in the event all of the foregoing conditions
precedent are not satisfied within three (3) years of the approval date of this
ordinance, then this ordinance shall be deemed to have no legal force and
effect, and the rezone and other approvals provided for herein shall not be
effective
Section 3. The City of Yakima zoning map shall be amended to
correspond to the rezone ordained by Section 1 of this ordinance upon
satisfaction of the above conditions precedent.
Section 4. The Yakima City Council hereby adopts the findings and
410 conclusions pertaining to this rezone and contained in the Hearing Examiner's
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d p recommendation, City No UAZO RZ #7 -93, UAZO CL(2) #32 -93, UAZO EC #28 -93,
and UAZO RW /VAC #1 -93, Examiner's Number I94 -2 -1, a true copy of which
recommendation is attached hereto as Exhibit B and incorporated by reference
herein, provided, however, that the finding set forth on Page 22 of the Hearing
Examiner's recommendation, Section 11 4, second paragraph, shall be
amended in its entirety to read as follows
Hearing testimony from KPFF indicated that many of their
landscaping and related design issues are "conceptual," and were
not intended to be a final statement. Detailed site plans will be
required indicating exterior building treatment and landscaping,
subject to review by the Planning Division.
The finding set forth on page 29 of the Hearing Examiner's
recommendation, Section 13 1, paragraph 5, shall be amended in its entirety
to read as follows
Accordingly, since everything to date has been conceptual rather
than binding, and since KPFF has pledged to work with the
Greenway's concerns, a binding site plan will be prepared
indicating landscaping and architectural details The site plan
shall be reviewed and approved in writing by the Planning
Division, in consultation with the Greenway Foundation
The finding set forth on page 43 of the Hearing Examiner's
recommendation, Section 13 6, paragraph 9, shall be amended in its entirety
to read as follows
Given the concerns previously expressed about the lack of
definiteness on the landscaping, this issue will be subject to final
review and approval by the Planning Division of a parking lot
landscaping scheme, in consultation with the Greenway
Foundation
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• Section 5. The Yakima City Council hereby approves and grants the
petition for a street vacation, without compensation, subject to merger of all
parcels involved, and subject to the grant of public easements from the
landowner to the City for water and sewer mains, as well as for the city storm
water drainage Swale and franchised utilities, in the locations shown in the
project plans This street vacation approval is also subject to satisfaction of all
of the conditions precedent set forth in Section 2 above
Section 6. The City Clerk is hereby authorized and directed to file with
the Yakima County Auditor a certified copy of this ordinance with exhibits
Section 7. Subject to the foregoing provisions, 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 decision shall be final and
40 conclusive unless within thirty (30) days from the date of final action by the
City Council, an aggrieved party obtains an 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 approv • this day of April,
1994
Assistant Ma or
Attest
City Clerk
Publication Date 4 - 15 - 94
Effective Date. 5 - 15 - 94
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• KPFF CONSULTING aNGINEERS
LEGAL DESCRIPTION OF PROPCSSED RETAIL PROPERTY
A paarcel of land located in the southEast 1/2. cof the NorthWest 1/4, Section 20,
Towrrnship 13 North, Range 19 East, Wi! ai mette Meridian, Yakima County,
W:ssnington, more particularly of that amercaed record of survey recorded in
BOCK!' 56 of Surveys at Page 46, Yakima :county Auditors Fee #3009891,
rewnrds of Yakima County, Washington, all a p roximately described as follows
Commencing at the NorthWest come' cof Parcel 24419 Cottonwood Park
as ecorded in Volume "0" of Plats, page _31, Records of Survey, Yakima
Co.tnnty, Washington,
Thennce South 89° 54' 18" East along the Naorth line of parcel 24419 and its
e)asension East a distance of '306 71 fee: tdo the Northeast corner of said
Crtaonwood Park,
Thence South 01° 02' 07" East a distance of 300 01 feet,
Ttennce South 89° 54' 18" East a distance of 4.-:75 feet,
Ttnce South 00° 59' 58" East a distance of 888 02 feet,
Ttennce South 89° 54' 18" East a distance of 666 01 feet,
• Ttennce South 00° 59' 58" East a distance of 944 14 feet,
Ttennce South 89° 55' 26" East a distance of 2440 93 feet,
Thennce South 00° 59' 58" East a distance of 1666 03 feet,
Thennce North 89° 55' 26" West a distance of 3331 48 feet,
Ttennce South 01° 02' 07" East a distance of 2664 05 feet,
Ttennce North 89° 55' 26" West a distance of 4,228 feet;
Ttennce South 00° 45' 56" East a distance of 34444 02 feet,
T annce South 89° 53' 54" West a distance of 3390 08 feet,
Ttennce North 24° 18' 45" West a distance of 6.01 feet,
Tt --nnce South 89° 53' 44" West a distance of 558 42 feet,
Thennce South 00° 33' 16" East a distance of 1000 00 feet,
Ttennce South 89° 53' 44" West a distance of 1008 08 feet,
Thennce North 30° 38' 04" West a distance of 44.11.67 feet,
Thennce North 24° 55' 04" West a distance of 4557.98 feet,
Ttennce North 01° 08' 34" West a distance of 2E63 73 feet,
Ttennce South 89° 54' 18" East a distance of 6668 37 feet,
Thennce North 01° 04' 16" West a distancse of 50 01 feet to the point of
b innning
0 Trams: 'A" contains approximately 20 212 acres_
F p j 4 -ti
r I
CITY OF YAKI Cable TV 575 -6092
Code Administration - 6121
Housing 575 -6101
Planning 575 -6113
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
129 NORTH SECOND STREET
CITY HALL, YAKIMA, WASHINGTON 98901
(509) 575 -6113 SCAN 278 -6113 FAX 575 -6105
NOTIFICATION OF HEARING EXAMINER
DECISION
On January 13, 1994, the Yakima Hearing Examiner conducted a
public hearing to consider an application submitted by KPFF
Consulting Engineers (UAZO CL(2) #32 -93, UAZO RZ #7 -93, UAZO
EC #28 -93 and UAZO RW /VAC #1 -93) to rezone approximately 10
acres from SR, (Suburban Residential) to CBDS (Central Business
District Support), to vacate portions of South 15th, 16th and 17th
Streets, and Riverside Drive and also a Class 2 Review of a Class 1 use
for a total of 135,000 square foot Department Store and 65,000
square foot grocery store in the Greenway Overlay District and Off -
premise freestanding sign in the CBDS. On February 7, 1994, the
Hearing Examiner rendered a decision to approve this project, subject
to conditions specified in his recommendation.
Enclosed is a copy of the Hearing Examiner's Findings and decision.
Any part of the Hearing Examiner's decision may be appealed. Such
appeal shall be filed within fourteen (14) days following the date of
mailing of this notice and shall be in writing on forms provided by
the Planning Division.
For further information or assistance you may contact Don Skone,
Planning Manager, City of Yakima Planning Division located on the
2nd floor of Yakima City Hall, (129 North Second Street), 575 -6113.
C4S, >2
Don S. Skone
Planning Manager
encl.
Date of mailing: 2/8/94
II
LAMB LAW OFFICE RECEIVED
311 NORTH THIRD STREET
P.O. BOX 4
YAKIMA, WASHINGTON 98907 FEB 0 8 1994
(509) 248-0706
FAX: (509) 248 -0707 CITY OF YAKIMA
PLANNING DIV.
February 7, 1994
Don Skone, Planning Manager
City of Yakima
Planning Division
129 N. 2nd Street
Yakima, WA 98901
Re: KPFF Master Application
City No. SEPA EC28 -93
R2 7 -93, RW Vax I -93
Examiner No. 194 - -
Dear Don:
My recommendation concerning the X -Mart is enclosed. Under
separate cover I will provide a listing of the exhibits as well as
the exhibits. So you have a complete copy of everything I will
return my original file to you.
Best personal regards,
Philip A. Lamb
PAL /pjl
cc: Mr. Steven Erickson
Board of County Commissioners
NOTIFICATION OF HEARING EXAMINER
DECISION
On January 13, 1994, the Yakima Hearing Examiner conducted a
public hearing to consider an application submitted by KPFF
Consulting Engineers (UAZO CL(2) #32 -93, UAZO RZ #7 -93, UAZO
EC #28 -93 and UAZO RW /VAC #1 -93) to rezone approximately 10
acres from SR, (Suburban Residential) to CBDS (Central Business
District Support), to vacate portions of South 15th, 16th and 17th
Streets, and Riverside Drive and also a Class 2 Review of a Class 1 use
for a total of 135,000 square foot Department Store and 65,000
square foot grocery store in the Greenway Overlay District and Off -
premise freestanding sign in the CBDS. On February 7, 1994, the
Hearing Examiner rendered a decision to approve this project, subject
to conditions specified in his recommendation.
Enclosed is a copy of the Hearing Examiner's Findings and decision.
Any part of the Hearing Examiner's decision may be appealed. Such
appeal shall be filed within fourteen (14) days following the date of
mailing of this notice and shall be in writing on forms provided by
the Planning Division.
For further information or assistance you may contact Don Skone,
Planning Manager, City of Yakima Planning Division located on the
2nd floor of Yakima City Hall, (129 North Second Street), 575 -6113.
>21__
Don S. Skone
Planning Manager
encl.
Date of mailing: 2/8/94
KPFF Master Application by ) EXAMINER'S RECOMMENDATION
)
Hall, et. al,, for ) City No. SEPA EC28 -93
Rezone, Right -of -Way ) RE 7 -93, RW Vac 1 -93
Vacation, Class 2 Review, )
and Administrative ) EXAMINER NO. I94 -2 -1
Adjustments Concerning a )
190,000 Square Foot )
Retail Center )
TABLE OF CONTENTS
Page No.
SUMMARY OF RECOMMENDATIONS 1
FINDINGS 3
1. Applicant 3
2. Location 3
3. Application 3
4. Proposed Use 3
5. Current Zoning 3
6. Current Status 4
6.1 Existing Development 4
6.1.1 Site 4
6.1.2 North 4
6.1.3 East 5
6.1.4 South 5
6.1.5 West 6
6.2 Streets 6
6.2.1 17th Street 6
6.2.2 18th Street 6
6.2.3 16th Street 6
6.2.4 Chestnut 7
6.2.5 Riverside 7
6.2.6 Chalmers 7
6.2.7 Terrace Heights Drive 7
6.3 Storm Drainage 7
6.4 Floodplain 8
7. Project Description 9
7.1 Building Layout 9
7.2 Parking Lot 9
7.3 Streets - 10
7.3.1 Seventeenth Street /Terrace Heights
Drive - 10
7.3.2 Chestnut 11
7.3.3 Chalmers Street - 12
7.3.4 Riverside 13
7.4 Off -site Storm Drainage - 13
i
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(5091 248-0706
Page No.
7.5 On -site Storm Drainage 15
7.6 Utilities 15
7.7 Floodplain Considerations 15
8. Urban Area Comprehensive Plan 16
9. Urban Area Zoning Ordinance 17
10. State Environmental Policy Act 19
11. Rezone 20
11.1 Public Testimony 21
11.2 Suitability of the Property for Uses
Permitted in the Proposed Zone 21
11.3 Agency Recommendations 21
11.4 Compliance with Comprehensive Plan and Zoning
Ordinance 22
11.5 Adequacy of Public Facilities 23
11.6 Compatibility 23
11.7 Public Need 23
12. Right -of -Way Vacation 24
13. Class 2 Review 27
13.1 Greenway Overlay District 28
13.2 Floodplain Overlay District 30
13.3 General Zoning Ordinance Compliance . . . 32
13.3.1 Public Sewer 32
13.3.2 Water 32
13.4 Traffic /Street Improvements 33
13.4.1 Driveways 38
13.4.2 Sidewalks 39
13.4.3 Curb and Gutter 39
13.4.4 Timing of Construction 40
13.5 Signs 41
13.6 Administrative Adjustments 41
14. Public Notice 43
CONCLUSIONS 43
RECOMMENDATION 43
CONDITIONS OF APPROVAL 44
APPENDIX A - Rezone Property Owners and Parcel Numbers
APPENDIX B - Area Map
ii
HEARING EXAMINER
FOR THE
Crry AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
ISSUED: FEBRUARY 8, 1994
KPFF Master Application by ) EXAMINER'S RECOMMENDATION
)
Hall, et. al., for ) City No. SEPA EC28 -93
Rezone, Right -of -Way ) RZ 7 -93, RW Vac 1 -93
Vacation, Class 2 Review, )
and Administrative ) EXAMINER NO. I94 -2 -1
Adjustments Concerning a )
190,000 Square Foot )
Retail Center )
The Examiner conducted a public hearing on January 13, 1994.
The staff report presented by Ms. Joan Davenport recommended
approval on all aspects, subject to a number of conditions. A
number of landowners and representatives of KPFF Engineers, a
consulting firm, testified in favor of the proposal.
Representatives of two adjacent businesses expressed concern that
this project would adversely affect their access to Terrace Heights
Drive with heavy trucks. Representatives of the State Department
of Transportation expressed concern about the timing of this
project relative to reconstruction of the Yakima Avenue /I -82
Interchange. The Examiner has inspected the property and
surrounding area.
SUMMARY OF DECISION. This is a relatively complex proposal
due to the number of land use actions requested coupled with
technical concerns about storm drainage and traffic. With the
exception of those two issues, the project is not controversial in
the community.
This decision recommends approval of the rezone and vacation
of the requested right -of -way. The retail project is recommended
for Class 2 approval, including the administrative adjustments,
subject to certain revisions dealing with compliance with the
Greenway Overlay District and accommodation of traffic concerns.
This proposal is sensitive to the design criteria of the
Greenway Overlay District with respect to the amount of open space
and landscaping, but not as to the actual design of the building.
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
1509) 248.0706
Due to both a lack of evidence on that issue, together with an
apparent lack of effort by the applicant to be responsive on the
issue of building design, the exterior design of the building shall
be subject to approval by the Greenway Foundation Board of
Directors, with the Hearing Examiner retaining jurisdiction in the
event resolution on design issues cannot be reached.
Accommodation of both off -site and on -site storm drainage is
excellent, representing a high level of commitment and cooperation
by the applicant, utilizing state of the art techniques.
Traffic issues, particularly dealing with the impact of this
project coupled with the need to accommodate existing heavy truck
traffic from Central Pre -Mix and Superior Asphalt, is troublesome
and difficult to resolve in a satisfactory manner. The applicant's
proposal for a traffic signal at 17th is adopted, subject to a
requirement that substantial right -of -way, consisting of 60 rather
than 50 feet, be reserved on 17th, Chestnut, and Chalmers. The
area south of this project, to Beech Street, can reasonably be
expected to redevelop in short order once this project is
completed. The traffic generated by that redevelopment, together
with the existing traffic generated by Central and Superior coupled
with Greenway traffic, will probably all flow to the traffic signal
as development in both this area and Terrace Heights generally
accelerates. Accordingly, although difficult to predict specifics,
reservation of right -of -way adequate to create a collector
arterial, and requiring construction of the current street
improvements to arterial roadbed standards, is warranted.
On a personal note, this is the most sophisticated application
I have encountered as Hearing Examiner since adoption of the Urban
Area Zoning Ordinance in 1986. The documentary record, including
numerous technical studies, is two and one -half inches thick, not
counting the maps and exhibits received at the hearing.
Because of the sheer volume of that often very technical
material, and the lack of any significant opposition, I have
attempted to be perhaps more diligent than usual in weighing this
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
Cr Y AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
1509) 248 -0706
evidence against the community's values and objectives as reflected
in its comprehensive plan, zoning ordinance, and associated policy
documents, including the Greenway Master Plan.
From views 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. KPFF Consulting Engineers, of Seattle,
Washington, on behalf of the underlying land owners and an
I undisclosed principal, apparently consisting of a national discount
retailer. ( "X- Mart ").
All relevant land owners have signed the rezone application
and the petition for vacation of right -of -way. All land owners and
their parcel numbers for the rezone are identified on attached
Appendix A.
2. Location. South of Sunfair Chevrolet and Lynch Motors,
west of Sarge Hubbard Park, and east of 1 -82.
3. Application. This is a master application consisting of
a rezone from Suburban Residential (SR) to Central Business
District Support (CBDS), vacation of street right -of -way, Class 2
review of a retail facility in the Greenway Overlay Zoning District
and Floodplain Overlay Zoning District, and administrative
adjustment of parking lot design and landscaping standards.
4. Proposed Use. Retail, consisting of discount retail
department and grocery stores.
S. Current Zoning. Approximately the north half of the
site is zoned Central Business District Support (CBDS), with
approximately the south half zoned Suburban Residential (SR). The
boundary line between the zones is reflected on an area map,
Appendix B.
The auto mall property to the north, Sunfair and Lynch, is
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CrTY AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAKIMA, WASHINGTON 96907
(509) 248.0706
zoned CBDS. Everything to the south and east of the project is
zoned SR.
The entire site is located within the Greenway Overlay zone,
which requires that future land uses be compatible with the
Greenway Master Plan. This site is also in a floodplain and thus
covered by the Floodplain Overlay District.
6. Current Status.
6.1 Existing Development.
6.1.1 Site. The subject property consists of a
total of 32 tax parcels. With the exception of three single family
homes and accessory structures, the property is vacant. Much of
the land has been graded and cleared, years ago. Paved extensions
of South 15th and 16th Streets enter the site from the north.
This property extends south, on the west side of Chalmers
Street, to Buck's Auto Wrecking (Home of the Body Snatcher). The
south line of this property is the plywood fence which is the north
fence of the wrecking yard, immediately north of a mustard - colored
single wide mobile home. The white house with green trim, enclosed
by a cyclone fence with green and white slats, is at 300 Chalmers
Street and is included in this project. Everything west and north
of the white house is part of this project.
The geotechnical report submitted by the applicant
reports the presence of two water wells and at least three septic
tanks and drain fields. There is a significant amount of fill
material on site, including dumped soil, concrete, asphalt and
other minor demolition waste. A City of Yakima storm drain
discharges under 1 -82 onto the site. Presently, the site provides
an area for this water to be absorbed into the groundwater and an
area of 0.71 acre was identified as a Class III wetland near the
point of discharge. This City storm drainage system existed for
many years and predates construction of 1 -82.
6.1.2 North. East Chestnut Avenue is immediately
behind Sunfair Chevrolet, runs east and west, and constitutes the
north boundary of this project. It services a small house in poor
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAK IMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
condition located north and west of Sunfair Chevrolet. The
perimeter road around Sunfair Chevrolet on its north and east sides
is an interior driveway and not a public street.
Sunfair Chevrolet and Lynch Motors lie east and west
of 17th Avenue, between this project and Terrace Heights Drive.
6.1.3 East. The main facility of the Greenway,
Sarge Hubbard Park, is accessed from 18th Street, which runs along
the west side of the park and its parking lot. Eighteenth runs
south to Riverside Drive, which runs (west) for about a block,
connecting with Chalmers.
This project extends east of Chalmers, through to
18th, on one parcel roughly midway between Riverside and Chestnut.
This parcel will be utilized for future parking, storm water
infiltration, and a bus stop. There is a remaining parcel, between
this extension of the project, and Lynch Motors, which is not
involved and is vacant. The corner parcel bounded by 18th,
Riverside, and Chalmers, directly east of the proposed store, is
also not involved, and is vacant.
The southeast quadrant of the intersection of
Riverside and Chalmers consists of five houses, all of them
generally in poor to very poor repair, together with a substantial
number of inoperative vehicles, as well as vehicle and
construction- related debris.
6.1.4 South. Directly across Chalmers, to the east
from the green trimmed white house, is what appears to be an
extension of the junk yard, which extends east and south.
Further east and south, on the east side of Chalmers,
are the Superior Asphalt and Central Pre -Mix asphalt and concrete
plants.
South of Bucks Auto Wrecking yard, on the west side of
Chalmers is Maple Street, which deadends up against I -82 and has
five houses, again all in relatively poor condition. South past
the houses, still on the west side of Chalmers, is a fenced parking
lot probably for Central Pre -Mix or Superior employees. Chalmers
EXAMINER'S RECOMMENDATION - 5
HEARING EXAM INER
FOR THE
CllY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
MOST 248-0706
deadends into Beech Street, which runs east and west. Beech
terminates at its east end at the entry to Central Pre -Mix, and
extends west through the Beech Street underpass under 1 -82,
extending through a low-income residential neighborhood to Fair
Avenue, which runs north and south, connecting with Nob Hill
Boulevard, a four -lane arterial, on the south, and petering out to
the north up against the interchange ramps for Yakima Avenue and I-
82.
6.1.5 West. 1 -82 together with 15th Street forms
the west boundary. The sliver of land west of 15th is vacant.
6.2 Streets.
6.2.1 17th Street. Access to both Sunfair
Chevrolet on the west and Lynch Motors on the east is provided by
17th Street, which currently is a paved two -lane street terminating
on the north at Terrace Heights Drive with a stop sign.
Seventeenth terminates on the south side of Sunfair and Lynch
Motors at Chestnut.
Seventeenth Street has a dedicated right -of -way of
50 feet, and is an unclassified local access street.
6.2.2 18th Street. Eighteenth Street services
Sarge Hubbard Park, provides left turn capability for vehicles
which are prohibited from making left turns from 17th onto Terrace
Heights drive during certain hours of the day, and also provides
access for Superior Asphalt and Central Pre -Mix trucks to Terrace
Heights Drive. Those trucks either head under the Beech Street
underpass to Fair Avenue and thence south to Nob Hill Boulevard, or
north up Chalmers and 18th to Terrace Heights Drive.
Eighteenth Street has 45 feet of right -of -way
instead of the standard 50 feet, with a current paved width of
about 22 feet. It is designated by the City as a collector
arterial.
6.2.3 16th Street. South 16th Street extends
south from Chestnut into the project, will be vacated, and has 25
EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
feet of right -of -way. It is paved for some distance, with no other
improvements.
6.2.4 Chestnut. Chestnut is an unclassified
local access street, has 50 feet of right -of -way, with a current
paved width of about 20 feet. It connects 15th and 17th Streets,
and provides access to the property immediately west of Sunfair
Chevrolet, occupied primarily by a residence.
6.2.5 Riverside. Riverside, between 18th and
17th Streets, has 40 feet of dedicated right -of -way, and is paved
between 18th and Chalmers. West of 17th the dedicated right -of -way
is 20 feet and unimproved. It is an unclassified local access
street.
6.2.6 Chalmers. Chalmers Street apparently has
40 feet of right -of -way north of Maple Street, and 50 feet of
right -of -way south of Maple Street to where it terminates at Beech.
It is an unclassified local access street, with two lanes paved.
Chalmers connects at its south end with Beech
Street, which apparently has 40 feet of right -of -way for most of
its length before it connects with Fair Avenue west of I -82. Both
Beech and Fair Avenues are designated collector arterials. A
review of various City arterial street maps reflects that the
connection from Fair via Beech, Chalmers, Riverside and 18th, to
Terrace Heights Drive, is generally designated a collector arterial
route, although none of the streets are built to arterial standards
and generally do not have adequate right -of -way.
6.2.7 Terrace Heights Drive. Terrace Heights Drive
is currently a four -lane principal arterial, connecting with Yakima
Avenue on the west, and slated for substantial improvements in the
vicinity of the I -82 interchange. These are scheduled for 1995 as
to Phase I of Alternative II of the Gateway Project.
6.3 Storm Drainage. A 36 inch diameter concrete above-
ground storm drain runs under 1 -82 and discharges into this site,
roughly directly west of the south terminus of South 16th Street.
The north end of the drain is located immediately north of the
EXAMINER'S RECOMMENDATION - 7
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(5091248.0706
northeast corner of Kiwanis Park, on the west side of I -82.
Kiwanis Park is a city park with ball fields and a fairly good
sized pond. The pond is not currently connected to the storm drain
under 1 -82 nor to the storm drain manhole which is located
immediately west of the west end of the 1 -82 culvert.
The I -82 culvert is almost completely open at the west
end, but about three - quarters blocked at the east end, on this
site. Physical inspection suggests that a large flood would
quickly clear out the silt which has collected at the east end.
The dead dog near the west end is not a problem.
The main feed into this culvert comes from an underground
storm drain terminating in a manhole on the west side, which has an
18 inch diameter discharge pipe opening at ground level into a
small ditch which connects to the culvert. This 18 inch discharge
pipe is the primary if not only source of drain water fed to the 36
inch diameter culvert.
This culvert carries enough storm drainage to the site
that a Class 3 wetland has been created, although no wetlands are
mapped on this site according to the National Wetlands Inventory
7.5 1' Yakima Capital East, Washington Quadrangle. The wetland
identified by the applicant's Wetlands Delineation and
Classification Study, dated August, 1993 and performed by RZA Agra,
Inc., is approximately .71 acre, in the southwest corner near the
storm drain. The study notes that the hydrology of the wetland
area appears to be determined by the storm sewer outflow and is
thus dependent on surface runoff collected by the city's storm
drainage system (Wetland Study, page 11). The study concluded this
is a Category III wetland using the Washington State Department of
Ecology's 4 -tier wetland classification system.
6.4 Floodplain. This site is nearly flat, ranging in
elevation from about 1,032 to 1,029 feet above sea level. The 100
year floodplain elevation as determined in 1974 also ranges from
1,032 to 1,029 feet above sea level. However, preliminary results
of a floodplain study conducted in approximately 1991 indicate this
EXAMINER'S RECOMMENDATION - 8
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 99907
(509) 248-0706
site is outside the 100 year base flood area. This has not yet
been confirmed by the U.S. Army Corps of Engineers. Until such
confirmation this project will be deemed to be in the floodplain.
7. Protect Description. KPFF Consulting Engineers
filed a master application with the City of Yakima on August 4,
1993 for the development by an undisclosed tenant to occupy a
125,000 square foot department store and 65,000 square foot grocery
store with 1020 parking spaces on 21.1 acres. At the time of
submittal, the site plan indicated a construction project which
would require the vacation of several platted city streets. The
petition to vacate these streets was submitted on August 26, 1993.
Based upon preliminary review comments, the site plan has been
revised twice since the first submittal, with the last revision
submitted to the City of Yakima on December 9, 1993.
The proposed use of a department and grocery store are both
Class 1 uses in the CBDS zoning district. However, location in the
Greenway and Floodplain Overlay Districts requires Class 2 review
of the site plan for compliance with the Greenway Master Plan and
the Flood Prevention Ordinance (YMC 15.09.020).
7.1 Building Layout. The 125,000 square foot X -Mart
will be located in the southwest portion of the site, facing north.
Behind it to the south will be loading docks and storm drainage
facilities. The 65,000 square foot grocery store, to be built at
a later date, will be directly east of the X -Mart, also facing
north.
The grocery store when completed will border Chalmers
Street.
The loading docks on the site plan indicate trucks will
have to enter from the east to service the grocery store, and from
the west for the X -Mart. These conflicting truck movements, the
narrowness of the loading area, and the lack of provision for
garbage compressors and dumpsters reflects inadequate design.
7.2 Parking Lot. The parking lot, consisting of 1,077
spaces, will extend to the north of the building. The site
EXAMINER'S RECOMMENDATION - 9
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 96907
15091248-0706
includes a small parcel on the east side of Chalmers, which is also
contemplated as potential parking. The parking as proposed
consists of spaces 9 feet by 19 feet deep, with 24 foot wide
driveway aisles.
The parking lot landscaping as proposed consists of
clusters larger in size than required by the ordinance, but spread
further apart. These large planting areas would be located at the
ends of the parking aisles, rather than locating smaller planting
areas intermittently for every double row of 30 parking stalls.
Access to the parking lot would be by a number of
driveways accessing Chestnut and 17th, as reflected on the
preliminary site plan marked PC -1, received by the city on November
22, 1993, Exhibit 3 of the hearing record.
7.3 Streets.
7.3.1 Seventeenth Street /Terrace Heights Drive
Seventeenth Street will be improved to three lanes,
the interior lane being a continuous left turn lane. A traffic
signal will be installed at the intersection of Seventeenth and
Terrace Heights Drive. The signal will be connected with an
interconnect to the I -82 south bound off -ramp signal.
An additional 280 foot right turn lane and taper
will be provided on the south side of Terrace Heights Drive, west
of 17th, for east bound traffic making a right turn from Terrace
Heights onto 17th.
City Engineering DRT comments and the plat map of
the area reflect that the current right -of -way for 17th Street is
50 feet. The revised preliminary site plan shows 60 feet of City
right -of -way. It is unclear whether the applicant is confused
concerning the amount of right -of -way, or intends to obtain an
additional 10 feet from Sunfair or Lynch Motors.
Sixty feet is necessary and appropriate given the
potential future expansion of traffic on 17th as a result of the
traffic signal coupled with probable future development of the area
south of this project.
EXAMINER'S RECOMMENDATION - 10
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE SOX 4
YAKIMA. WASHINGTON 98907
(S09) 246.0706
The applicant intends to improve 17th with curbs and
gutters on both sides, and a sidewalk on one side.
When questioned at the hearing concerning putting a
sidewalk on both sides of 17th, Bob Hall responded that he did not
think there was enough room. This suggests possible confusion
between the applicant and Mr. Hall concerning the amount of right -
of -way, since a 60 foot right -of -way is adequate for three lanes,
curb and gutter, plus dual sidewalks.
Details of the street construction were not made
available at the hearing, but typical arterial construction would
involve outside lanes about 14 feet wide, an interior lane about 12
feet wide, for a total paved width of 40 feet, another foot taken
up by curbs, and then a 7 foot sidewalk on one or both sides.
Seven foot wide sidewalks are the standard for commercial
districts, on both sides of the street. That total would
constitute 55 feet, within a 60 foot right -of -way.
The applicant's position is that sidewalks should be
provided on only one side of 17th, and that if sidewalk is required
on both sides that there is adequate space to construct a sidewalk
only on the east side of 17th without creating grade problems at
the right -of -way limit. The nature of those grade problems is not
clear. The applicant's preliminary grading plan, PC -2, Exhibit 16,
shows the elevation of 17th ranging from 1,034 feet at Terrace
Heights Drive to 1,029 feet at its intersection with Chestnut.
Slopes east and west of 17th, along Sunfair and Lynch Motors, show
elevations on those properties of 1,029 to 1,030 feet, on
topographic lines set back some distance from the right -of -way.
The planning department recommended three lanes with
full improvements, including street lights, curbing, and sidewalks
on both sides of the street.
7.3.2 Chestnut. The applicant proposes that
Chestnut be improved with 32 feet of paved width, with landscaped
parking islands on the south side, with no curb and gutter on the
north side, and no sidewalks.
EXAMINER'S RECOMMENDATION - 11
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(5091248.0706
The planning department recommended street lights,
sidewalk, and curbing, as well as the landscape islands and
associated curb cuts for parking lot access. The applicant
indicates there is inadequate space to build a sidewalk on
Chestnut, west of 17th Street, without impacting the landscaped
islands. They want to build a sidewalk only on that portion of
Chestnut east of 17th, to allow in their words: "Pedestrian access
along the entire improved arterial street from Riverside Street to
Terrace Heights Drive." (January 6, 1994 KPFF Memorandum to Joan
Davenport, page 3).
Treating this street as an arterial is entirely
appropriate.
City Engineering comments recommend half - street
improvements in accordance with city standards, with asphalt paving
16.5 feet wide as measured from the centerline of the right -of -way
to back of the curb, installation of curb and gutter, and a 5 foot
wide sidewalk for the entire length of the site frontage.
7.3.3 Chalmers Street. The applicant's site
plan proposes a 32 foot paved surface, apparently with curb and
gutter on Chalmers. On the site plan these improvements extend on
both sides of the street south to Riverside, and then on the west
side of Chalmers to the property line. The sidewalk is shown on
the east side, in conjunction with the future parking and proposed
bus stop. The applicant does not own the parcel in the northeast
quadrant of the intersection of Chalmers and Riverside, but is
proposing improvements there. No sidewalks are proposed on the
west side of Chalmers adjacent to this project.
City Engineer DRT comments recommend that Chalmers
adjacent to the site be improved to local access standards, with
paving sixteen and a half feet in width from the centerline of the
right -of -way to the back of the curb and gutter, and installation
of a five foot wide sidewalk and street lights.
The planning department recommends curbing,
sidewalk, street lights, and bus stop. The existing right -of -way
EXAMINER'S RECOMMENDATION - 12
HEARING EXAMINER
FOR THE
C17Y AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 248-0706
is only 40 feet; City Engineering requires an additional 10 to meet
local access standards of 50 feet. City Engineering recommends
dedication by the applicant of 5 feet of additional right -of -way or
half of the needed 10 feet for the full property frontage on this
street. What that means is that 5 feet will come off each side of
the street on that portion of the project which brackets Chalmers,
and otherwise 5 feet will come off the project on the west side of
Chalmers. The applicant has no objection.
7.3.4 Riverside. The extension of the storm
drainage system to Sarge Hubbard Park will probably occur via a
pipe buried in Riverside. The applicant will install that pipe and
patch the pavement. Riverside will not otherwise be improved.
This project does not have frontage on Riverside.
7.4 Off -site Storm Drainage. The City of Yakima
estimates the maximum peak flow through the I -82 culvert at 80
cubic feet per second. There is no evidence, either anecdotal or
documentary, that this potential peak flow has ever occurred. This
is the flow calculated by the city based upon the diameter of the
pipe and a number of assumptions, as reflected in the Design Review
Team comments, concerning the amount of head and upstream volumes.
Physical inspection indicates that the source of this
water is an 18 inch pipe from the city storm system. It is
reasonable to conclude that the maximum flow may be half that
estimated by the city.
In any event, the applicant proposes an on -site storm
drainage system designed to handle 80 cfs, consisting of grassy
swales and open channels, with the easterly end piped and
connecting to the pond in Sarge Hubbard Park. That pond connects
to a series of other ponds either owned or controlled by Superior
Asphalt and/or Central Pre -Mix, which in turn apparently ultimately
connect to the Yakima River.
There is no evidence that any flow through the I -82
culvert has ever gone into the Sarge Hubbard pond, but the system
as designed is intended to accommodate that possibility.
EXAMINER'S RECOMMENDATION - 13
HEARING EXAMINER
FOR THE
C AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(5091248-0706
The system is designed to provide treatment in a grassy
swale similar to the existing wetland, and infiltration. Currently
infiltration (soaking into the ground) to accommodates the flow
through the culvert, and there is no reason to expect that this
project will change the infiltration capacity of the site.
The City of Yakima has agreed to be responsible for
obtaining any required permits related to water quality and storm
water discharge. Construction of the swale, channel and
biofiltration measures is reflected on preliminary plan sheets PC -5
and PL -2 of the Environmental Checklist.
These issues are covered by MDNS Mitigation Measures 5,
6 and 7, and will incorporate best management practices as
currently understood.
The city will be responsible for reconstruction of the
existing manhole on the west side of the freeway, in order to
provide a pollution control device to maintain water quality prior
to reaching this project. (See City Engineering Division
Memorandum dated December 13, 1993, DRT Comments).
The proposed system is designed for a 25 year event.
This system includes an open channel to provide biofiltration, to
mitigate any loss of the on -site wetlands by acting as a
replacement wetland, as well as recharging the existing remaining
wetlands as a natural habitat.
The State Department of Ecology has commented that the
applicant's willingness to exceed city requirements can result in
no net loss of wetland functions and related values by requiring
use of wetland vegetation and a drainage swale and infiltration
pond. (See DRT Comments, dated December 1, 1993).
The city's storm drainage system is the subject of a
pending analysis and report which is not yet completed and not part
of this record. Based upon DRT comments from the city's
engineering division, there is a possibility that increased storm
drainage may be generated by other modifications in the system,
potentially impacting this site. Although the various scenarios
EXAMINER'S RECOMMENDATION - 14
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 24B•0706
have not yet been worked out, it is apparent from physical
inspection of the project site as well as the area west of 1 -82
that the pond in Kiwanis Park could potentially be utilized as a
pretreatment facility prior to anything reaching the project.
From a legal perspective, it has not been established in
this record that the city has a legal right to discharge storm
drainage onto this site. Nevertheless, the applicant is
cooperating with the city to accommodate existing conditions.
This system will be contained within a 30 foot storm
drainage easement dedicated to the city. It will contain a
landscaped swale for open conveyance of storm water, allowing
biofiltration, detention, and infiltration. Wetland vegetation
will also be provided.
7.5 On -site Storm Drainage. All on -site generated storm
drainage will be retained on site through use of infiltration
structures as reflected in the Geotechnical Report. (Geotechnical
Report, page 19).
The on -site storm drainage will be retained in a series
of infiltration ponds separate from the system designed for
handling off -site storm drainage.
7.6 Utilities. This site will be served by public water
and sewer systems. All utilities will be underground and properly
sized.
7.7 Floodplain Considerations. Current information on
elevation of this site supports finding that this site may not be
located within the floodplain, but that is not something over which
the Examiner has jurisdiction. The Geotechnical Engineering Report
indicates that some areas of the site have been filled
significantly. Although not clear from the record, current
elevations may be based upon the site as artificially filled over
the years.
The Geotechnical Report also concludes and recommends
that due to variable fill materials, significant over excavation
and fill placement within structural areas will be required.
EXAMINER'S RECOMMENDATION - 15
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509)248.0706
(Geotechnical Report, page 9). They also recommend new fill
material beneath new paving in order to reduce potential
detrimental settlement effects of underlying fill. They estimate
that the existing material will need to be stripped to a depth of
between three inches to seven and one -half feet across the building
pad, anticipating stripping depths on average to be less than two
and one -half feet in most of the building area. (Geotechnical
Report, page 9).
The Geotechnical Report was commissioned for purposes of
constructing site improvements, and does not deal specifically with
the impact of fill in the floodplain. With respect to retention
of storm drainage on site, however, the report concludes that on-
site soils should be able to accommodate infiltration of storm
drainage, so long as the infiltration is not impeded by "the more
silty fill soils ". (Geotechnical Report, page 19).
Although an environmental assessment is not part of this
record, the Geotechnical Report indicates that dump -truck sized
piles of soil located in the west central and southwest portions of
the site may have originated from a gasoline station. This area
appears to be near the existing storm drainage system and wetland,
and may be in the area proposed for construction of the storm
drainage grassy swales and piping system.
The record is unclear as to what plans, if any, the
applicant has for dealing with potentially hazardous substances.
A significant amount of fill material is expected to be
used on site to raise the ground floor elevation of the buildings
above floodplain level. The environmental checklist states 130,000
cubic yards of material will be needed. To offset any potential
for stream channel alteration, the parking and landscape areas will
remain below the floodplain elevation, resulting in a majority of
the site remaining below floodplain level.
8. Urban Area Comprehensive Plan. One of the plan's
objectives is to assure that future development is compatible with
existing uses. New commercial development shall be allowed if it
EXAMINER'S RECOMMENDATION - 16
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX A
YAKIMA. WASHINGTON 98907
(5091248-0706
strengthens existing commercial areas, conveniently serves the
citizenry, does not infringe on other uses in a conflicting manner,
provides opportunities for expansion and diversification of
business in the area, and promotes development of the central
business district and associated peripheral activities. (Plan,
OLU -11) .
Commercial uses should be served by arterial access,
should only be allowed where adequate off street parking exists,
sidewalks are provided, and where the site is served by public
transit. Public water and sewer services are also required.
The Comprehensive Plan is a guide, with many of the
issues identified in the plan dealt with more specifically by the
Urban Area Zoning Ordinance. These more specific provisions will
be considered below as to each portion of the application.
9. Urban Area Zoning ordinance. This ordinance, adopted in
1986, integrates land use planning and decision making between the
city and county of Yakima for an area which includes all of the
city of Yakima and a strip of unincorporated county ground around
the perimeter of the city. Within this urban area the zoning
ordinance contains the criteria for considering the rezone,
criteria for considering the compatibility of a variety of uses
within each zone, as well as criteria for determining the
compatibility of a project with certain overlay zones, in this case
the Greenway and Floodplain Overlay Districts.
Various land uses, if permitted in a zone, are
characterized as Class 1, Class 2, or Class 3 uses. Class 1 uses
are permitted outright, subject to compliance with applicable
building codes, Class 2 uses are generally compatible, but are not
always compatible, and Class 3 uses are deemed generally not
compatible, but on occasion may be determined to be compatible.
Class 2 and Class 3 uses provide for neighborhood notice and public
input. Class 2 uses may result in a public hearing by the Hearing
Examiner upon appeal of an administrative decision; Class 3 uses
require a public hearing by the Hearing Examiner. Standing alone,
EXAMINER'S RECOMMENDATION - 17
HEARING EXAMINER
FOR THE
CrTY AND COUNTY OF YAK IMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 99907
(509) 248-0706
decisions by the Examiner on such conditional uses are appealable
to the legislative body, in this instance the Yakima City Council.
The zoning ordinance also contains provisions for
consolidating the various components of an application into one
proceeding. In this instance, under both state law and local
ordinance, rezones must be determined by the City Council. The
zoning ordinance requires the Examiner to conduct a public hearing
and make a recommendation to the council. The other aspects of
this application have been consolidated with the rezone proceeding,
which the ordinance terms a master application, resulting in a
public hearing by the Examiner, who then issues a recommendation on
all matters to the City Council.
The petition to vacate right -of -way is covered by another
ordinance, but has also been consolidated with this proceeding.
Two administrative SEPA appeals have been filed, by the Yakama
Indian Nation and the Washington State Department of
Transportation, concerning various aspects of this project. The
Examiner does not have jurisdiction over the SEPA appeals, which
pursuant to the City's SEPA ordinance are heard by the City
Council.
With respect to this master application and the vacation of
right -of -way, the City Council has a choice to either conduct a
public meeting or a public hearing. A public meeting limits the
Council's ability to draw conclusions other than that reached by
the Examiner, and also limits the Council's ability to receive
additional evidence not heard by the Examiner. With respect to the
SEPA appeal, the Council is required to conduct a public hearing.
Due to the apparent consolidated nature of the proceeding which
will occur before the Council, combining this recommendation with
the SEPA appeals, I recommend that the Council conduct a public
hearing on all aspects, and advertise it accordingly. This
provides the Council maximum flexibility and avoids the need to
articulate whether evidence received in the SEPA hearing had an
EXAMINER'S RECOMMENDATION - 18
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(S09)248-0706
influence upon the Council's decision relative to the merits as
covered in this recommendation.
With respect to the SEPA appeals, this recommendation reaches
certain conclusions and makes recommendations concerning the
subject matter of those appeals. Those findings and conclusions
are based only upon the record as it exists before the Examiner,
which includes SEPA comments from both the Nation and DOT, but does
not include other evidence which might be presented during the SEPA
appeal.
10. State Environmental Policy Act. SEPA review was
conducted, due to both the rezone and the scale of the project,
which exceeds the categorical exemption threshold established in
YMC Chapter 6.88. KPFF submitted an expanded SEPA checklist, last
revised and received by the city on December 9, 1993. This
checklist includes the following documents and studies:
(1) Completed checklist, site plans, and preliminary
design plans,
(2) Determination of required fireflow calculations,
(3) Traffic study, revised October 25, 1993,
(4) Geotechnical Engineering Report,
(5) Wetlands Delineation and Classification Report.
The city issued a Mitigated Determination of Non - Significance
on December 20, 1993. KPFF acknowledged the MDNS, and the SEPA
comment period ended on January 4, 1994. All comments are included
in the official record and were reviewed by this Examiner.
The mitigating measures imposed by the MDNS were supported by
policy statements as reflected in the MDNS. The mitigating
measures deal with:
(1) Traffic access from 17th to Terrace Heights Drive,
with a new traffic signal at that intersection, and related
intersection improvements,
(2) Facilities to handle off -site storm drainage,
(3) Floodplain construction requirements,
(4) Water system improvements for fireflow.
EXAMINER'S RECOMMENDATION - 19
HEARING EXAMINER
FOR THE
CMY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
The applicant has agreed to construct at its expense all
mitigation measures required by the MDNS.
11. Rezone. Nearly 10 acres are being proposed for rezone
from Suburban Residential to Central Business District Support.
The purpose of the CBDS zone is to accommodate wholesale and
retail activities with some high- density residential development.
This zone is primarily located near the Central Business District
and along major arterials leading to the CBD. A variety of land
uses are permitted with development intensity intended to be less
than in the CBD. (YMC 15.03.030(11).
This project is also in the Greenway Overlay District (GOD
zone). The Greenway plan has been adopted to preserve and maintain
the Yakima River as a natural source for all citizens to enjoy. In
addition to the provisions of the principal zoning district, the
overly district includes a number of provisions, in order to make
the Greenway more attractive and accessible, conserve shoreline
vegetation and control erosion, implement both the Shoreline master
program and the regional Greenway plan, limiting development
activities particularly dependent on a Greenway location,
preserving and protecting fragile natural resources and culturally
significant features along the Greenway, increasing public access
to publicly owned areas where increased use is desirable,
protecting public and private property from the adverse effects of
improper development in hazardous shoreline areas, and giving
preferences to uses creating long term over short term benefits.
(YMC 15.03.030(16).
This project is also located in the Floodplain Overlay
District. The FP District is designed to restrict or prohibit uses
which may cause dangerous increases in erosion or flood impacts,
control alteration of natural floodplains, stream channels, and
natural protective barriers which help to accommodate or channel
flood waters, control filling, grading and dredging which may
increase flood damage, prevent or regulate construction of flood
barriers which may divert flood waters, and to implement the
EXAMINER'S RECOMMENDATION - 20
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE Box 4
YAKIMA. WASHINGTON 98907
1509) 248.0706
Shoreline Master Program. The purpose of this zone is to minimize
public and private losses due to flooding, therefore the zone is
intended to protect human life and health, minimize expenditure of
public money for flood control and rescue efforts, minimize damage
to public facilities and utilities, protect stream channels from
encroachment, provide notice to potential buyers of special flood
hazards, insure responsibility by occupants for their actions, and
to implement the National Flood Insurance Program. (YMC
15.03.030) (15) .
The rezone criteria of YMC 15.23.030(R) are considered below
with these intent statements in mind.
11.1 Public Testimony. There was no opposition to this
rezone or related project except that significant concerns were
expressed concerning the impact on traffic for heavy trucks, and
the impact of reconstruction of the I -82 interchange.
11.2 Suitability of the Property for Uses Permitted in
the Proposed Zone. Subject to concerns about drainage and traffic,
which are predominately technical and can be resolved, this
property is entirely suitable for the uses permitted in the CBDS
zone, subject to special attention to the Greenway and Floodplain
District criteria. CBDS uses, including the specific use proposed
for this site, are compatible with the Greenway, although not
particularly dependent upon a Greenway location. The presence of
the Greenway complements these retail activities, which must be
designed so as not to detract from the overall purpose of the
Greenway Overlay District. This is the purpose of the Class 2
review which is dealt with below.
11.3 Agency Recommendations. No agencies are completely
opposed to this project. The Yakama Nation is concerned that
approval of this specific project may detrimentally affect the
Yakima River with respect to water quality and fish habitat. Based
upon the evidence in this record, these issues can be
satisfactorily resolved with respect to any uses permitted in the
EXAMINER'S RECOMMENDATION - 21
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
CBDS zone by virtue of the Class 2 review required under the zoning
ordinance, and dealt with below.
The Washington State Department of Transportation is
concerned not so much about this rezone but the specific project.
Their concern is that traffic generated by this project will
adversely affect reconstruction of the Yakima /I -82 interchange,
resulting in significant traffic delays and hazardous traveling
conditions during construction. These concerns are project related
and will be dealt with in more detail below concerning the Class 2
zoning review.
Because of the higher level of review required under the
zoning ordinance due to the location of this project, many of the
issues of significant concern in a traditional rezone are dealt
with under the higher level of use review, and do not need to be
dealt with in the rezone.
All agency concerns can be resolved, and will be dealt
with in more detail under the Class 2 zoning review below.
11.4 Compliance with Comprehensive Plan and Zoning
Ordinance. Subject to careful site plan considerations this
project is consistent both with the comprehensive plan and the
zoning ordinance, including the Greenway Master Plan. Some of
these design issues concerning the building are not finalized.
Hearing testimony from KPFF indicated that many of their
landscaping and related design issues are "conceptual ", and were
not intended to be a final statement. Because of the failure of
the evidence to demonstrate compliance with the clear directives of
the Greenway Overlay District and Master Plan, detailed site plans
will be required indicating exterior building treatment and
landscaping, subject to review and approval by the Greenway Board
of Directors. KPFF's written comments that they have no
flexibility in the choice of building material or color since they
are working with a national retailer with predetermined building
elevations is not persuasive. (KPFF Memorandum to Davenport, dated
January 6, 1994, page 3).
EXAMINER'S RECOMMENDATION - 22
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(5091248-0706
As proposed, this building is no more sensitive to, and
provides nothing more than is required under the normal ordinance
without reference to the Greenway Overlay District. If the
Greenway Overlay District means anything, it means that development
within its boundary clearly must demonstrate a higher emphasis on
design issues than otherwise required by the ordinance. Other than
this concern, this rezone complies with both the Comprehensive Plan
and the Urban Area Zoning Ordinance.
11.5 Adequacy of Public Facilities. The public
facilities can be made adequate, and clearly will be adequate,
subject to concern about the street system which has been reviewed
to some extent already, and will be dealt with again under the
Class 2 review.
11.6 Compatibility. This rezone will not adversely
affect neighboring land uses. It will have the probable effect of
substantially increasing adjacent land values, and encouraging
redevelopment of relatively undeveloped and under - developed areas.
11.7 Public Need. Public need as a criterion under the
local zoning ordinance is comparable to the change of circumstance
required to be established under state law.
The suburban residential zoning in this area predates the
construction of Sunfair Chevrolet and Lynch Motors in the mid
1970's. It predates the extension of sewer to this area in the
1980's, and predates the demolition of a number of houses in this
area over the last 20 years. In that same time period, traffic
from the Terrace Heights area has substantially increased because
of a number of residential subdivision developments, particularly
in the Terrace Estates area.
The substantial increase in population in Terrace Heights
has not been accompanied by a corresponding increase in retail
space.
Furthermore, particularly over the last 10 years, there
has been a trend toward big box retailers building large stores
with substantial amounts of parking near freeways and arterials.
EXAMINER'S RECOMMENDATION - 23
HEARING EXAMINER
FOR THE
CrTY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 245-0706
Finding the 20 acre parcel size necessary for such a project in
this community, particularly if adjacent to arterials, and serviced
by public water and sewer, is practically impossible. The land use
maps maintained by the City indicate an absence of any vacant 20
acre parcel zoned CBDS, or even parcels which are currently
occupied but potentially available for reasonably economical
redevelopment.
Changes of circumstance have clearly occurred which
justify this rezone. Whether this community needs another large
discount retail store is clearly subject to debate; however, in
this instance it is not opposed, and the project as conditioned in
this recommendation will be compatible with the area and will
adequately mitigate its impacts.
One of the expressed purposes of both the comprehensive plan
and the zoning ordinance is to be flexible to market demand while
insuring that development is compatible with existing areas and
does not overburden government resources. This is an example of a
project which meets these criteria.
It is highly probable that this entire area, extending to
Beech Street, on the south, will eventually be rezoned to CBDS.
12. Right -of -Way Vacation. A number of streets within the
project site are platted but undeveloped. Others are slightly
developed. This petition requests vacation of the undeveloped
portion of 15th and 17th Streets, south of Chestnut; the improved
portion of 16th Street south of Chestnut, and the unimproved
portion of 16th Street south of Riverside. The petition also
includes the unimproved portion of Riverside Street, east of
Chalmers.
There has been some confusion concerning vacation of 15th.
The legal description sets forth the south half of 15th. The north
half of 15th is not involved in this application, and borders a
small sliver of ground up against 1 -82. That parcel has access
from that portion of 15th which is north of and connects with
Chestnut.
I
EXAMINER'S RECOMMENDATION - 24
NEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 96907
(5097 245 -0706
These streets were platted in a series of plats and other
documents from 1952 to 1983. The only improved street involved is
a 612 foot long portion of South 16th. In addition, a number of
utilities, both water and sewer, as well as franchised utilities,
are located in these rights -of -way.
As part of this master application, under the Class 2 zoning
review, the applicant proposes dedication of additional right -of-
way to connect Chestnut Street with Chalmers Street, in order to
provide for a logical public street system utilizing the proposed
traffic signal at 17th and Terrace Heights Drive.
Present public use of the involved rights -of -way is limited to
utility corridors. The improved surface of South 16th Street was
constructed by the owner of that property some years ago prior to
annexation by the city. There is no developed property served by
any of these streets.
Yakima City Council Resolution No. D -5630, dated September 12,
1989, sets forth right -of -way vacation procedures, and has been
supplemented by administrative procedures which specify five
criteria for granting petitions, reviewed below:
12.1 The petition must explain the public benefit of the
project, the reasoning of the proposed vacation, and its limits.
A legal description and map have been submitted, are incorporated
herein by reference, and describe the requested vacation. This
proposal will allow consolidation of a number of parcels in order
to accommodate a large retail development.
The circulation network will be maintained through other
streets dedicated and built by the applicant. A major function to
be maintained by the street system is not only access to this
property, but also maintenance of the through traffic flow
generated by property to the south. This proposal accommodates
that and enhances it by installing a traffic signal and making
substantial street improvements. The level of street improvements
required by this recommendation is higher than that proposed by the
EXAMINER'S RECOMMENDATION - 25
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAK IMA WASHINGTON 98907
(509) 248.0706
applicant, but is designed to maintain collector arterial status as
well as flexibility to accommodate existing and future development.
12.2 Vacation does not deny sole access to any
property. Parcels on the interior of this project will be merged
into one. Remaining parcels on the perimeter of this project will
still all have access.
12.3 Consistency with six year road plan,
comprehensive plan, and other official city policies. These roads
are not dealt with in the six year road plan, have no impact upon
the Gateway project involving reconstruction of the Yakima
Avenue /I -82 interchange, and do not conflict with any of the city's
plans or policies, including the comprehensive plan and zoning
ordinance.
12.4 Compliance with existing and anticipated
development, based on zoning, current use, and long range plans.
These vacations are appropriate with the existing and
contemplated future development in the area, and enhance future
development without detracting from current development.
Redevelopment in this area will probably substantially increase
traffic through the area, which will connect from Fair to this area
through the Beech Street underpass, utilizing Chalmers and either
17th or 18th to access Terrace Heights Drive. Connecting Chestnut
to Chalmers will channel traffic to the new traffic signal at 17th
and Terrace Heights Drive.
12.5 Existing utilities shall be relocated at
developer's expense or an easement provided.
Public utilities are located within some of these rights -of-
way and will need to be contained in public utility easements. No
construction is currently planned over the utilities. Water and
sewer lines both will need to be relocated. The applicant will
cooperate on these issues and provide easements or relocation at
its expense.
12.6 Compensation. City Resolution D -5630 sets
forth criteria for compensation. This is consistent with state
EXAMINER'S RECOMMENDATION - 26
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
0509) 248 ^0706
law, and normally requires compensation equal to one -half of the
appraised value of the right -of -way unless certain specified
exceptions apply.
The City Planning Department recommended that
compensation be paid for the paved portion of 16th Street extending
into this project. The staff report also reflects that the
pavement was constructed by the owner prior to annexation by the
city. Exception B in Section 1 of the resolution states that "no
compensation shall be required to be paid to the city on the
vacation of a right -of -way which the city has not purchased,
maintained, or made any improvements to and no planned or
anticipated public purpose exists for maintaining the right-of-
way."
Based upon this exception, and the absence of any
evidence in the record that the city has purchased, maintained or
made any improvements to this street, there is no basis for
requiring compensation. The Examiner's comments at the hearing to
the contrary were based on a misunderstanding of the facts and the
resolution. No compensation is required.
13. Class 2 Review. Projects within overlay districts
receive a one stage higher level of review than otherwise required
under the zoning ordinance. (YMC 15.09.020).
This retail facility is normally a Class 1 use in the CBDS
zone (YMC Chapter 15.04, Table 4 -1). Within the overlay districts,
however, all Class 1 uses are subject to Class 2 review, allowing
the reviewing official, in this instance the City Council because
of the master application, to condition or deny approval of any use
or development based on the provisions set forth and adopted
concerning special development standards for overlay districts.
(YMC § 15.09.020(3)).
"All development in the Greenway Overlay District shall
conform to the requirements and standards of the underlying zoning
district and the policies and intent of the Yakima River Regional
Greenway Plan." YMC 15.09.020(4).
EXAMINER'S RECOMMENDATION - 27
HEARING EXAMINER
FOR THE
CrTY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAK MA, WASHINGTON 98907
t509) 246.0706
"All development in the Floodplain Overlay District shall
conform to the requirements and standards of the underlying
zoning district, and the flood damage prevention ordinance
adopted by the county /city. Development within Shorelines
jurisdiction or the floodplain shall also be consistent with
the county or city Shoreline's master program and /or the flood
damage prevention ordinance." (YMC 15.09.020(6).
This project is not within Shoreline's jurisdiction, is within the
floodplain, and therefore is subject to the flood damage prevention
ordinance at YMC Chapter 11.58.
Class 2 review is governed by YMC Chapter 15.14. The
decisionmaker: "... may attach conditions to his approval in order
to assure the development is consistent with the intent of this
title, the zoning district, the development standards and the other
provisions of this title." (YMC 15.14.040(4)).
It is under this broad scope of Class 2 review that detailed
review of this specific project occurs, including but not limited
to consideration of traffic, drainage, and design issues.
13.1 Greenway Overlay District. The relevant zoning
criteria have already been cited. Applicable documents also
include the Greenway Master Plan, a one inch thick document
prepared in 1976. Also included is a 20 page Master Plan Update
adopted in 1986. A Master Plan Update prepared in 1991 has also
been reviewed by the Planning Commission, which concluded that the
document should be advisory but not included as a formal amendment
to the comprehensive plan.
Appendix 1 to the 1991 update contains design standards
and is the best evidence of design standards deemed compatible with
the Greenway.
This proposal complies with the suggested guidelines for
open space in the CBDS zone adopted in that appendix, consisting of
20% open space as opposed to the zoning ordinance which otherwise
allows 100% lot coverage in the CBDS. (Greenway 1991 Update, page
25). More specifically, "The building design should exhibit
variety by providing relief achieved through the use of functional
architectural features. Variety is not achieved solely through the
EXAMINER'S RECOMMENDATION - 28
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 96907
(509) 249.0706
use of different contrasting exterior materials." Trademark types
of buildings are discouraged, and the architectural scheme of a
building should be carried throughout all exterior elevations.
Ornamentation applied without relation to architectural function or
feature, and false -front buildings are not acceptable. Roof top
mechanical and electrical equipment should be designed or screened
to be an integral part of the building design. Ground or interior
mounted mechanical equipment is strongly recommended. Building
entries should be protected and offer a sense of entry and focus.
Unvaried building elevations and unsightly features or uses should
not be placed adjacent to the freeway. "Perhaps most critically,
buildings with box -like appearances, lacking architectural
variation on all elevations, should not be approved." A number of
suggestions are contained in the guidelines for achieving
architectural variation. See Greenway 1991 Update, page 24.
Throughout the hearing KPFF emphasized that all landscaping
and related considerations were only conceptual but that they would
be sensitive to and work with the Greenway's concerns.
Accordingly, since everything to date has been conceptual
rather than binding, and since KPFF has pledged to work with the
Greenway's concerns, a binding site plan will be prepared
indicating landscaping and architectural details. This site plan
will include provisions to screen all mechanical equipment, will
provide architectural relief of the flat walls facing Sarge Hubbard
Park, will detail actual plantings in terms of species and size,
and will detail the lighting for the parking lot, including
illumination levels and light standard details. The site plan
shall be reviewed and approved in writing by the Greenway Board of
Directors. In the event of disagreement between Greenway and the
applicant, the Examiner retains jurisdiction to resolve any
disputes.
As currently configured this proposal is no different in its
treatment of landscaping and building details than any project
anywhere in the urban area in the CBDS zone. If the Greenway
EXAMINER'S RECOMMENDATION - 29
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(5091248 -0706
Overlay District means anything, it means that the standards
acceptable elsewhere within the urban area are not sufficient.
This project is immediately adjacent to the central element of the
Greenway, Sarge Hubbard Park. The increased elevation of Sarge
Hubbard Park relative to this site, coupled with the size of this
project and the overlarge parking lot, in excess of that required
by the ordinance, justify tightened design review.
The east wall of this building will be over 20 feet high.
Rooftop mechanical equipment may raise that height to 26 feet. Some
flexibility is required by the applicant because of the intent to
add a grocery store, which will make the east wall an interior
wall. Construction schedules are unknown, and it may be that the
grocery store is built shortly after the X -Mart. In any event,
regardless of the construction timing, there are architectural
methods available, which can be utilized to provide relief from a
blank concrete wall. Surely a national discount retailer can be
more creative than providing the equivalent of a controlled
atmosphere warehouse wall to users of Sarge Hubbard Park.
13.2 Floodplain Overlay District. The zoning
ordinance criteria for consideration of floodplain development have
been described. The flood hazard ordinance, YMC Chapter 11.58, is
designed to minimize property loss in the event of flooding as well
as to insure that development within the floodplain does not create
or increase the potential for damage due to alterations in the
floodplain. Compliance with this ordinance requires a description
of the extent to which any water course will be altered, and
certification from a registered engineer or architect related to
the methods of flood proofing and respective elevations. This
certification will be required as part of building code compliance
review.
The ordinance also requires consideration of development
proposals concerning their impact on wetlands and a determination
that development activities with respect to the wetlands do not
EXAMINER'S RECOMMENDATION - 30
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 246.0706
negatively disrupt the wetland's ability to reduce flood and storm
drainage.
Although the city has not yet adopted critical area
ordinances as required by state growth management legislation, some
jurisdictions in the state have simply been designating critical
areas, relying on existing Shoreline Master Program and flood
damage ordinances to regulate development within those critical
areas. Existing local ordinances provide considerable guidance in
this instance. Furthermore, there is no dispute as to the
existence or size of the wetland.
As previously detailed, the bulk of the site will remain
at or below floodplain level. The building area will be elevated.
The storm drainage system will substantially enhance, and to some
extent replace, the existing .71 acre wetland. Overall, the
ability to absorb storm drainage will clearly be enhanced. With
respect to the impact on the floodplain, the size of the site, over
21 acres, compares to 190,000 square feet of buildings. The
buildings will cover about 4.4 acres, leaving 16.7 acres or 79% of
the site without structures which could impede flood waters.
Furthermore, this site is not in any stream channel nor flood way.
This site is located within Zone A7 on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Maps for Yakima
(Community Panel 530217 1055B, effective date June 5, 1985). Zone
A7 denotes the area is within the 100 year floodplain, with a base
flood elevation for the building site approximately 1,030 feet
above sea level.
The geotechnical report indicates that a substantial
amount of the artificial fill on this site will have to be removed
in order to provide a solid foundation for not only the buildings
but also the parking lot. Although the building will have to be
elevated to comply with FEMA guidelines, the parking lot according
to the documentary evidence will be some distance below floodplain
level. The actual differences in elevation are not known at this
EXAMINER'S RECOMMENDATION - 31
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 246.0706
time, and probably will not be known until the extent of the
artificial fill removal is determined.
As part of the storm drainage design, this recommendation
requires removal of all artificial fill which is inconsistent with
the underlying soil structure. This is intended to bring the area
back to its natural condition so that it can better support
vegetation and allow infiltration of storm water. The area for
storm water treatment, both on and off -site storm water, may result
in a lower elevation then currently exists. Likewise, stripping
fill from the parking lot may also result in lower elevations,
leading to the possibility of no net loss of floodplain capacity.
In other words, it might be that the reduced elevations in the
parking lot and storm drainage control areas more than compensate
for the increased building elevation. Additional engineering data
would be required before this could be determined.
This project complies with the floodplain overlay
district and the flood damage prevention ordinance.
13.3 General Zoning Ordinance Compliance.
13.3.1 Public Sewer. Manholes are required every
350 feet of new line. This development may require compliance with
pretreatment regulations required by federal significant industrial
user categories, depending upon sewer discharges.
13.3.2 Water. Existing water lines will be
significantly redesigned to accommodate this proposal, including a
12 inch main required to loop the building, together with various
valves and other design features. Domestic water and fire services
will be installed by the city at the applicant's expense. There is
a timing problem in that installation of water mains must be
coordinated with installation of a looped line to Terrace Heights
Drive planned by the City of Yakima in the spring of 1994.
Construction needs to be coordinated in order to maintain
uninterrupted service to other existing commercial uses. Capacity
of existing lines apparently is adequate to supply the necessary
volume required by this project.
EXAMINER'S RECOMMENDATION - 32
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 96907
(5091 2480706
i
13.4 Traffic /Street Improvements. This project comes on
the heels of substantial design work to improve the Yakima Avenue/
I -82 interchange, commonly known as the "Gateway Project ".
The traffic projections for the Gateway Project are based
on studies dating back to 1991, prior to the recent substantial
development interest in Terrace Heights. Those studies do not
include traffic projections for this project nor for others rumored
along Terrace Heights Drive. The study at the time was based upon
existing land use patterns and zoning.
KPFF commissioned a traffic study for this project,
resulting in a number of projections concerning the trips
generated. Those projections are not controverted. Based upon
SEPA and DRT comments by the State Department of Transportation,
that Department appears to accept the projections.
The study is based on observations made on October 11,
1993 and October 18, 1993 between the hours of 4:00 o'clock and
6:00 o'clock p.m., with respect to the 17th -18th Street under
sections with Terrace Heights Drive. The intersection of Beech and
Fair Avenue was inspected on October 14, 1993 during the p.m. peak
hour. (4:00 to 6:00 p.m.). See Traffic Study Appendix.
Monday, October 11, 1993 was Columbus Day. October 15
was a Friday, and October 18 was a Monday. The bulk of the traffic
study's conclusions are based upon these limited late afternoon
observations. From a review of the entire traffic study, about 80
pages, one would never learn that there are a gravel quarry,
concrete, and asphalt plants with large trucks utilizing these
roads. The only reference throughout is that during their
observation times, 8% of the traffic on Riverside was truck
traffic. (Traffic Study, pages 2 -3).
No reference is made to normal construction seasons or
times, the fact that asphalt plants operate in warmer weather and
not in the winter time, and little reference to the utilization by
those trucks of the 18th Street underpass and ramp to Terrace
Heights Drive.
EXAMINER'S RECOMMENDATION - 33
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
Analysis of utilizing 17th Street versus 18th Street at
Terrace Heights Drive as the access to this project consists of one
and one half pages of reasoning (Traffic Report, pages 15 -16),
which provides no analysis of the impact of a traffic signal at
17th on truck access at 18th.
City Engineering DRT comments originally favored
utilization of 18th. As ultimately designed, the signalized
intersection at 17th is designed to favor car traffic and
discourage truck traffic due to the tightness of the turns and
narrow turn radii at the intersection of 17th with Chestnut and
Chestnut with Chalmers. The turn radius on 17th and Chestnut is
only 15 feet on the northeast corner, compared to 25 feet on the
northwest corner of that intersection. The larger 25 foot radius
is probably to accommodate X -Mart trucks which need to enter from
that location to access the loading docks at the southwest corner
of the building.
Both Central Pre -Mix and Superior Asphalt submitted SEPA
comments supporting this overall project but expressing concern
about the impact of the traffic signal at 17th on their 18th Street
access. Central Pre -Mix estimates their truck traffic at 450 to
600 trips per day, which go either to 18th or on Beech to Fair
Avenue. Superior Asphalt estimates they had 12,750 truck trips
utilizing Terrace Heights via 18th Street in 1993. Both businesses
are concerned that a traffic signal at 17th will create traffic
backups to the east, past 18th, prohibiting their access to Terrace
Heights Drive except on a very sporadic basis.
Both businesses are concerned that a traffic signal at
17th will cause traffic back up at the red light to extend past
18th, preventing access by their trucks from 18th to Terrace
Heights Drive west bound.
These trucks tend to be long. A gravel truck with a pup
trailer on a long tongue, by actual pacing, is about 23 yards long
or about 70 feet.
EXAMINER'S RECOMMENDATION - 34
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
1509) 248 -0706
At the hearing, in response to inquiry from the Examiner,
an Exhibit 8 was submitted by KPFF's Traffic Engineer dealing with
a queuing analysis of the 18th Street intersection.
The queuing analysis shows during the PM peak hour that
west bound traffic volume is estimated at 812 vehicles. Three
hundred seventeen of these are estimated to arrive on the red.
Given some assumptions set forth in the half -page analysis, the
vehicles per lane at the red light are estimated at seven, for an
overall length of 175 feet, utilizing 25 feet per vehicle.
No information is available as to the number of the
vehicles in that queue which might be turning right from 18th.
There is about 300 feet between 17th and 18th. A 70 foot
truck will take up about 100 feet, allowing 15 feet of clearance
between vehicles fore and aft. Given the slowness with which
loaded trucks get moving, there is a need for large gaps in the
traffic and substantial storage if these trucks are going to make
it through the signal at 17th. The queuing analysis assumes 45
signal cycles per hour, 80 seconds per cycle. Clearing the volume
of trucks utilizing 18th Street seems overly optimistic,
particularly given the closeness of 18th to 17th.
The queuing analysis also assumes that for the AM peak
hour that there will be a similar volume of west bound traffic, but
that the side street volume will be less. Clearly this is in
error, since most of the truck traffic occurs early in the morning
through mid -day. The conclusion reached by Exhibit 8 is that in
the morning the queue will be less, when in fact the evidence of
higher truck volume suggests that the queue will be higher.
The conclusion from this is that no solid conclusions can
be made from the traffic study concerning the impact of truck
traffic. These businesses are not interested in mixing car traffic
with truck traffic, and therefore are not enthusiastic about
utilizing the traffic signal at 17th.
No one, in any of the materials or in the course of the
hearing, dealt with the issue of what the arterial access is going
EXAMINER'S RECOMMENDATION - 35
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 96907
(5O9) 248-0706
i
to be down through to Beech. Currently 18th Street and Fair Avenue
are classified as collector arterials. Installation of a traffic
signal at 17th appears inconsistent with continued designation of
18th as a collector arterial. As previously indicated, even KPFF
has referred in their materials to 17th as an arterial. There has
been some discussion concerning putting a traffic signal at both
17th and 18th. Although there is some evidence in the record
concerning traffic engineering warrants and that they justify one
traffic signal, it appears from experience with the area and
physical inspection that even if a traffic signal can be justified
at one intersection, it will never be justified at the second
intersection.
The proximity of these intersections, and the lack of
area from which both intersections draw support this analysis.
Based upon hearing testimony the expected life of the
Central Pre -Mix gravel pits is another 20 to 30 years. In any
event the concrete and asphalt plants are likely to remain in this
location due to their proximity to the urban area and the need to
minimize haul times especially with time sensitive materials such
as hot asphalt.
Some of the trucks are about 70 feet long, consisting of
a dump truck pulling a trailer on a long tongue. Many of these
rigs require an exceptionally large radius around corners to avoid
impinging upon other lanes of traffic. This is why they want to
continue utilizing the 18th Street underpass, because it is
designed specifically for their needs.
At this point the truck route consists of Chalmers to
Riverside to 18th to Terrace Heights Drive. This is ideal for
them, notwithstanding the poor condition of the pavement and its
narrowness. The lack of development and resulting lack of traffic
mean that these trucks can sweep around the corners from Chalmers
to Riverside to 18th taking up both lanes of traffic without many
problems. As this area develops, the ease with which those turns
are made will diminish.
EXAMINER'S RECOMMENDATION - 36
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAKIMA. WASHINGTON 98907
(509) 24B•0706
An office building is currently slated for construction
immediately north of Sarge Hubbard Park. A 100 -unit motel has
approval to build north of Terrace Heights Drive and immediately
west of the 18th Street access, utilizing the north pod of the new
light at 17th.
As this area continues to develop, the Greenway will be
pressed for additional parking, which is already inadequate for
their many events. Now the parking spills over onto the property
to be occupied by X -Mart.
It is unknown whether the Sarge Hubbard parking lot will
be expanded on the current site, or whether additional land will
become available on the west side of 18th for more parking. In any
event, as this area develops it is likely that the trucks will
shift from 18th to 17th, in order to take advantage of the light at
Terrace Heights Drive.
One of the unexplored consequences of the Gateway project
is that Fair Avenue will be connected to the freeway when phase one
of the chosen alternate, Alternate II, commences construction in
1995. Part of that proposal includes a south bound on ramp from
Fair Avenue to I -82, a connection with the overpass allowing a
truck on Fair to in a clumsy fashion get to the north bound on-
ramp, as well as an excellent connection from Fair to the B Street
couplet leading out to West Valley.
Although not referenced except indirectly in the hearing
record, these designs are set forth in significant detail in the
environmental assessment and Value Engineering Study for the I-
82 /Yakima Avenue Interchange and Fair Avenue Project.
Currently, the heavy truck traffic on Beech to Fair leads
predominately to Nob Hill Boulevard on the south. Improvement of
Fair Avenue to the north, and connection to the freeway system,
will take some of the pressure off truck traffic on Terrace Heights
Drive. This, of course, is based upon a number of assumptions,
including that construction will actually start in 1995, will
EXAMINER'S RECOMMENDATION - 37
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
C509)248-0706
actually be funded, and will actually include the improvements
contemplated in Phase I of Alternate II.
Given the uncertainty concerning the actual time frame
for Gateway improvements, and uncertainty concerning the pace of
development immediately adjacent to this project, it is reasonable
to design this project with enough flexibility that 17th can be
utilized as a collector arterial suitable for truck traffic.
Based upon the city's arterial design standards, this
means obtaining at a minimum sufficient right -of -way so that
whatever is built now within that right -of -way can be redesigned
and rebuilt as circumstances warrant. The requisite right -of -way
is 60 feet, and should extend for all of 17th, that portion of
Chestnut east of 17th connecting to Chalmers, and for the length of
Chalmers on the frontage of this project. It also seems
appropriate that where full width streets are being constructed,
that they be built to an arterial standard with appropriate
radiuses.
13.4.1 Driveways. The X -Mart parking lot has a
number of driveways off both Chestnut and Chalmers. That portion
of Chestnut which serves an arterial function should not have any
driveways. The northeasterly main parking lot access from Chestnut
should be eliminated. The lot access at the south terminus of 17th
Street should be redesigned with a throat entry so that cars are
not backing from parking spaces directly into the line of traffic.
The objective is to make traffic flow smoothly along Chalmers,
Chestnut, and 17th without significant interruption from driveways.
This is particularly critical given the proximity to the corners
and the turning movements of a variety of vehicles.
This finding runs counter to the basic design premise of the
applicant, which is to encourage car traffic only, and have tight
turning radiuses in order to keep vehicle speeds down. This
approach, however, is a compromise from the initial design thrust
at City DRT meetings recommending to the applicant that they
utilize 18th as their primary access. Initial site plans
EXAMINER'S RECOMMENDATION - 38
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 248.0706
reflecting that were modified, resulting in the current proposal to
utilize 17th. That carries with it the concomitant obligation to
funnel all traffic to the most efficient intersection, which will
become 17th rather than 18th.
13.4.2 Sidewalks. The City's design standards
for commercial districts require sidewalks on both sides of the
street. Arterials require 7 foot wide sidewalks. In this
instance, given the uncertain status of 17th as an arterial, 5 foot
wide sidewalks are probably adequate, but should be provided on
both sides.
The proximity of this entire project and related street
improvements to the Greenway, to the expanding hotel complex north
of Terrace Heights Drive, and the probability of future retail and
office development on vacant land between this project and the
Greenway justify requiring a sidewalk on both sides of South 17th
Street. Likewise, a sidewalk should be required on Chestnut Avenue
on the south side along the entire property frontage. That
sidewalk should be extended along the west side of Chalmers, along
the entire property frontage. The project property on the east
side of Chalmers should include the proposed bus stop as reflected
on the site plans, and a sidewalk. It is not necessary for this
applicant to install a sidewalk on the property it does not own.
Accordingly, the sidewalk reflected on the west side of Chalmers
from the future parking lot to Riverside is not required.
13.4.3 Curb and Gutter. Curb and gutter should be
installed on both sides of South 17th, on the south side of
Chestnut north of 17th, and on both sides of Chestnut east of 17th
to Chalmers. Curb and gutter should be installed on Chalmers along
the property frontage on the west side, and on the project frontage
only on the east side. Pavement width and construction details
should be determined by the City Engineering Department with due
regard to treatment of 17th, a portion of Chestnut, and Chalmers as
a collector arterial. The remainder of Chestnut north of 17th
should be built to local access street standards.
EXAMINER'S RECOMMENDATION - 39
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 90907
1509) 246 -0706
1 1
13.4.4 Timing of Construction. The State Department
of Transportation has raised a legitimate concern that the Gateway
Project will be affected by this project. Their concern is that
the projected traffic from this project will make rebuilding the
intersection harder, causing additional traffic backups as
construction narrows access to one lane, and creating the potential
for additional traffic backups on 1 -82.
The DOT position is that this project should not be
allowed to open until the 1 -82 reconstruction is completed.
Without getting into the details of state
legislation requiring concurrency of public facilities with private
development, it should be noted that neither the concurrency
requirements nor the requisite levels of service have been adopted,
nor are they currently required. Furthermore, the general concept
of the grownth management legislation is that adequate
infrastructure be in place, or that satisfactory arrangements are
made to see that it will be in place, within six years of project
approval.
The evidence in this record supports finding that
substantial progress has been made concerning the redesign of
Yakima Avenue and 1 -82, that it will commence construction in 1995,
and that studies continue as to the ultimate design. Projected new
development in the Terrace Heights area will undoubtedly affect
that design.
Dealing with traffic during highway reconstruction
is always a problem. It would be the same problem if this project
had occurred five years ago instead of now. Since this is a
commercial development, the problem to some extent is self
limiting. If access is particularly difficult, customers may
choose to go elsewhere for their retail shopping needs, perhaps
even to uncongested and well designed Seattle or Bellevue.
This project is not like a residential subdivision
which once occupied generates daily traffic from people getting to
work and school. Furthermore, there is a rear access, Fair to
EXAMINER'S RECOMMENDATION - 40
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(5091248-0706
1
Beech to Chalmers, which can relieve some of the problems
anticipated by the state.
If an entrepreneur is willing to take the investment
risk, knowing that a state construction project may limit access
for a time, an if other local concerns and requirements can be met,
then the marketplace should be allowed to work.
13.5 Signs. Two free- standing signs are shown on
the site plan. One is a "freeway sign ", 70 feet high, within 50
feet of the building. This is permitted under YMC 15.08.150.
The other sign is an off - premise sign on the site of
a former service station just east of the intersection of 17th and
Terrace Height Drive. This is property controlled by Bob Hall, and
was a former Chevron Station. Off - premise signs are a Class 2 use
in CBDS. (YMC 15.08.130(C)). If this site were utilized as
something other than vehicle display for Lynch Motors, the future
principal use of the site would be allowed only one -free standing
sign. Allowing an off - premise sign limits future utilization of
the lot for additional signs. This is understood by Mr. Hall.
Both signs will comply with all provisions of the
zoning ordinance and are consistent with the neighborhood.
1 DRT comments concerning whether the State Department
1 of Transportation has jurisdiction over some of these signs is
relatively technical. A review of applicable Washington
I Administrative Code Regulations appears to indicate that the
freeway sign within 50 feet of the building is clearly exempt from
state regulation, and is subject to local regulation.
13.6 Administrative Adjustments. The parking lot as
proposed contains 1,020 parking spaces. The zoning ordinance
requires 506, based upon the size of the buildings. For
comparison, prior to downsizing the ordinance requirements, the
Fred Meyer store at 40th and Fruitvale was reviewed and approved
with a total of 179,000 square feet of floor area and 884 parking
spaces. Under recent ordinance amendments, Fred Meyer would only
require 477 parking spaces.
EXAMINER'S RECOMMENDATION - 41
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 96907
1509) 248.0706
There is no opposition to the increased parking lot
size, which X -Mart apparently feels is necessary.
KPFF has requested two adjustments of parking
standards. The first concerns design of the spaces and parking
stalls. They request nine and one -half foot wide parking spaces by
18 foot deep parking spaces, resulting in wider stalls and driveway
aisles, but less depth in the spaces. YMC Chapter 15.06, Table 6-
2, shows 90° parking stalls with a standard width of 9 feet,
standard stall depth of 19 feet, and a minimum driveway width of 24
feet. The adjustment results in a driveway width of 25 feet.
KPFF indicates that these changes will promote
public safety by providing wider driveway aisles and parking
stalls, thus increasing driver visibility and maneuverability.
This adjustment is consistent with purpose of the
zoning ordinance and should be approved.
The second adjustment deals with landscaping in the
parking lot. The zoning ordinance requires one tree for every 15
single row of parking stalls, or every 30 double row parking
stalls. The planting area is to be 24 square feet for the trees.
(YMC 15.06.090(C).
Rather than breaking up the parking aisles with
these small planting areas, the applicant wants larger islands at
the end of each aisle, with the landscaping also acting as
channelization for the parking lot. The average planter island
proposed is 300 feet in size, considerably larger than the 24
square foot minimum. The larger planting islands may create a more
economical irrigation scheme, and probably will enhance the parking
lot if enough are provided.
One of the problems with the landscaping scheme, as
noted before, is that it is conceptual. One of the maps at the
hearing showed some of these islands as being landscaped and some
not. Prior to the hearing it had been the assumption by the
planning department that all islands shown in the parking lot were
EXAMINER'S RECOMMENDATION - 42
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509)248 0706
landscaped.
Given the concerns previously expressed about the
lack of definiteness on the landscaping, this issue will be subject
to final review and approval by the planning department of a
parking lot landscaping scheme, which will also be reviewed and
approved by the Greenway Board of Directors.
Under these circumstances, the criteria for granting
an administrative adjustment are met.
14. PUBLIC NOTICE
The Yakima City Council set the date of the public hearing by
the Hearing Examiner for this right -of -way vacation on December 7,
1993 by Resolution R -93 -127, as provided for in RCW 35.79.010.
Notice of this hearing was accomplished in the following
manner:
Resolution ER -93 -127 adopted to set public hearing Dec 7, 1993
Posting in three public places (RCW 35.709.010) Dec 20, 1993
Posting of property Jan 1, 1994
Legal ad published Dec 31, 1993
Adjoining property notices mailed Dec 30, 1993
CONCLUSIONS
1. The Examiner has jurisdiction.
2. The proposed rezone and master application 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
property is suitable for uses permitted in the CBDS District; any
problems with neighborhood compatibility can be resolved; and a
public need does exist for the proposed change.
3. 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 recommendation:
1. Approve this rezone application, from Suburban
Residential (SR) to Central Business District Support (CBDS).
2. Approve the street vacation, without compensation,
EXAMINER'S RECOMMENDATION - 43
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 99907
1509)248 0706
subject to merger of all parcels involved and the grant of public
easements for water and sewer mains, as well as for the city storm
drainage swale and franchised utilities. These shall be shown on
a recorded survey, and -as built drawings of the utilities submitted
to the city.
3. Approve the Class 2 application subject to the
following conditions:
A. City Engineer approval of floodplain
development impact calculations, pursuant to YMC Chapter 11.58.
Building construction shall be raised one foot above base flood
elevation or flood proofed in accordance with the Flood Damage
Prevention Ordinance, YMC Chapter 11.58.
B. City Engineer approval of design and capacity
of drainage swale to accommodate off -site drainage discharged onto
the site. The design shall indicate the piped portion of the
drainage system in the right -of -way of Riverside Drive and the
details of discharge onto Sarge Hubbard Park property. Any permits
required for this discharge are the responsibility of the City of
Yakima. The City shall be responsible for preparing the conveyance
document for the drainage easement across the site. The initial
facility shall be designed and built at the expense of the
applicant. Maintenance and operation thereafter shall be the
responsibility of the city. The city shall install a pretreatment
device in the manhole west of the 1 -82 culvert.
C. City Engineer approval of on -site storm water
management plan, including infiltration areas in lieu of dry wells.
D. With respect to the on -site and off -site
drainage systems, all fills inconsistent in character with the
underlying native soil shall be removed in the areas where these
systems are constructed. The objective is to return the area to
its natural condition, maintaining the wetland area, and replanting
with approved species for wetland and grassy swale management
I systems.
E. City Traffic Division and City Engineer
EXAMINER'S RECOMMENDATION - 44
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 8OX 4
YAKIMA WASHINGTON 98907
(509) 248 -0706
approval of traffic signal design, including I -82 interconnect and
permissive left turn provisions from Terrace Heights Drive.
Physical enhancements to the intersection shall include a 280 foot
right turn lane and taper for east bound traffic from Terrace
Heights Drive to 17th Street. Installation and improvements shall
be at the expense of the applicant.
F. City Engineer approval of street improvement
engineering plans and right -of -way dedications necessary for the
following items:
(1) Three lanes, with full improvements for
South 17th Street, including street lights, curbing, sidewalks on
both sides of the street, and 60 feet of right -of -way.
(2) Chestnut Street improvements including
street lights, sidewalk, curbing, planter islands, and associated
curb cuts for parking lot access including an entry throat south of
17th; all of these improvements shall be required only for the
south side of Chestnut Street. The right of way for Chestnut west
of 17th shall be 50 feet. East of 17th the right -of -way shall be
60 feet, with curb and gutter required on both sides of the street
but sidewalk only on the south side.
(3) Connection and improvement of Chalmers
Street and Chestnut Street, including a bus stop on Chalmers,
street lights, sidewalk, and curbing. Chalmers Street
improvements shall be required along the frontage of the property,
including sidewalks. The right -of -way shall be 60 feet.
G. Riverside Street pavement shall be patched
after installation of the storm drainage facility.
H. Frontage improvements on 18th Street, along the
landscaped portion of the parking lot, shall not be required at
this time.
I. City Engineer approval of water and sewer plans
and profiles.
J. Landscaping plan, including appropriate
EXAMINER'S RECOMMENDATION - 45
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 90907
(5O9) 248.0706
vegetative cover for wetlands in drainage swales, shall be approved
by the Planning Division, the Department of Ecology, and the
Greenway Foundation Board or Directors.
K. The exterior building appearance and color, and
parking lot lighting, shall be reflected in a revised final site
plan, and shall be approved in writing by the Greenway Board of
Directors. In the event of a dispute between the applicant and the
Greenway, the Examiner shall retain jurisdiction to resolve the
dispute, akin to binding arbitration. All mechanical equipment
shall be screened from view of the park and freeway.
L. A site screening fence 6 feet in height shall
be installed along the south property line bordering the SR zone.
M. One freeway sign shall be allowed, as proposed
on the site plan. The sign may have an illuminated cabinet, but no
exterior illumination.
N. One off - premise sign shall be allowed at the
southeast corner of the intersection of Terrace Heights Drive and
South 17th Street.
O. The administrative adjustment concerning
parking lot design is approved, permitting nine and a half foot
wide, 18 foot deep, 90° parking spaces, with a driveway width of 25
feet.
P. The parking lot landscaping plan adjustment is
approved, subject to final review and approval by the Greenway
Board of Directors as set forth in Condition K above.
Specifically, larger islands are permitted so long as the same
percentage of landscaping for the parking lot as required by the
ordinance is met.
Q. All landscaping and building designs shall be
approved in writing prior to issuance of a building permit.
R. A final site plan, which includes the items
shown on the original site plan, the additions or modifications
required by this decision, and demonstrating compliance with the
Urban Area Zoning Ordiance, shall be submitted to the Planning
EXAMINER'S RECOMMENDATION - 46
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
1509) 248.0706
Department prior to issuance of a certificate of zoning review or
building permit, pursuant to YMC 15.12.050.
S. All street improvements shall be completed
prior to issuance of a Certificate of Occupancy by the City of
Yakima.
DATED this day of February, 1994.
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 47
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 2480706
APPENDIX A
REZONE
Landowner Parcel No. Current Zoning
Sunfair Chevrolet 191320 -24015 SR
24409 SR
24410 SR
24412 SR
24413 SR
24414 SR
SW portion of 24011 SR
Yakima Property Investors
191320 -24013 SR
Donald and Reva Renecker 191320 -24007 SR
Cecil and Edna Fitchett 191320 -24434 SR
f - EXAMINER'S RECOMMENDATION 48
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAK IMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
( 509) 248.0706
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CITY OF YAKIMA, WASHINGTON Sc. l e — , , 400
Information Services — GIS 2 0 400
FILE NO: UAZO RZ #7 -93, UAZO VW VAC #1 -93
4PPLICANT: KPFF CONSULTING ENGINEERS /// Parent Parcel(s)
REQUEST: REZONE FROM SR TO CBDS ; 'N City Limits
LOCATION: VICINITY OF 17TH ST. AND CHESTUNT AVE. it j Zoning Boundr69,