HomeMy WebLinkAbout1992-3436 Zoning for Central Washington Comprehensive Mental Health Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title ORDINANCE NO. 3436
(Street ROW Vacation. S 4 Avenue /Tieton Drive to W Pine Street)
Grantor. City of Yakima
le Grantee Central Washington Comprehensive Mental Health
ABREVIATED LEGAL DESCRIPTION
That portion of South Fourth Avenue beginning at the Northwest corner of Block
255, Lund's Addition to North Yakima (now Yakima), recorded in Volume "A" of
Plats, page 103, records of Yakima County, Washington, thence southwesterly 440
feet to the centerline of Maple Street; thence southwesterly along said centerline 20
feet; thence northwesterly parallel w/ southwesterly line of Block 255, 440 feet to
the northwesterly line of Block 255, thence northeasterly 20 feet to the point of
beginning (see page 2 of Ordinance 3436, Section 3, for entire legal description)
Parcel Number: NOT APPLICABLE
/$ 132.y-
0 II 11111E11 111 1111 7381891
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CIT YAKIMA .__ - __ — ORD___ 424..00. Yakima Co, WA '
410 ORDINANCE NO. 3 4 3 6
AN ORDINANCE relating to urban area zoning•; approving an
application by Central Washington Comprehensive
Mental Health to construct a Medical Office
Complex in the vicinity of South 4th Avenue
between Tieton Drive and Pine Street; granting an
administrative adjustment of parking standards;
vacating a portion of South 4th Avenue between
Tieton Drive and Pine Street; and granting a
license to Central Washington Comprehensive
Mental Health, its successors and assigns, to
construct, maintain, and operate a tunnel under
and across South 4th Avenue between Tieton Drive
and Pine Street.
WHEREAS, on September 25, 1991 and October 9, 1991, the
City of Yakima Hearing Examiner held public hearings to con-
sider the master application by Central Washington Comprehen-
sive Mental Health for Class 2 Review of a Medical Office
Complex, administrative adjustment of parking standards, and
partial street right -of -way vacation of South 4th Avenue
411 between Tieton Drive and Pine Street; and
WHEREAS, as a result of said hearings, the Hearing Exam-
iner recommended to the City Council that the master applica-
tion be approved subject to certain conditions; and
WHEREAS, on July 24, 1991, Central Washington Comprehen-
sive Mental Health filed with the City Clerk a petition for
vacation of a portion of South 4th Avenue between Tieton Drive
and Pine Street, which is legally described below; and
WHEREAS, said petition for vacation has been signed by
the owners of more than two - thirds of the property abutting
upon said street; and
WHEREAS, Central Washington Comprehensive Mental Health
has requested that the City of Yakima grant it a license to
construct, maintain, and operate a tunnel under South 4th
Avenue; and
WHEREAS, after a public meeting held on February 18,
1992, the City Council of the City of Yakima found that trucks
and other uses of South 4th Avenue require a minimum roadway
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_CITY OF YAKTMA- __ _ _ ORO _424 00 Yakima _Co, WA ,
width of 30 feet, and that the Hearing Examiner's Recommenda-
` ) 31.
tion should be modified to include this minimum roadway width
as a condition of approval; and 4110
WHEREAS, after due and proper notice pursuant to RCW
Chapter 35.79 and the Yakima Municipal Code, and after a
public meeting by the City Council of the City of Yakima, the
City Council finds that it is in the best interest of the City
of Yakima to approve the master application, vacate said
portion of South 4th Avenue, and grant the license for said
tunnel under and across South 4th Avenue, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The application by Central Washington Compre-
hensive Mental Health for approval of construction of a Medi-
cal Office Complex in the vicinity of South 4th Avenue between
Tieton Drive and Pine Street is hereby approved subject to the
condition that the actual roadway width of South 4th Avenue,
between Tieton Drive and Pine Street, as measured between curb
faces, shall be determined by the City Engineer, but in no
case shall said roadway width be less than 30 feet at any
point.
Section 2. The application by Central Washington Compre-
hensive Mental Health for an administrative adjustment of
parking standards from 279 parking spaces to 174 parking
spaces is hereby approved.
Section 3. A portion of South 4th Avenue between Tieton
Drive and Pine Street, within the City of Yakima, Washington,
which is graphically shown on the survey, attached hereto as
Exhibit A and incorporated by reference herein, and which is
legally described as follows, to -wit:
That portion of South Fourth Avenue de-
scribed as follows: Beginning at the
Northwest corner of BLOCK 255, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima)
according to the official plat thereof
recorded in Volume "A" of plats, page 103,
records of Yakima County, Washington;
thence Southeasterly along the Southwest-
erly line and Southwesterly line extended
of said BLOCK 255, 440 feet, more or less,
- 2 -
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��CI ?Y_OF_YAKIMA__ __ ORD_ $24 00_ Yakima Co, WA
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to the centerline of Maple Street; thence
4110 Southwesterly along said centerline 20
feet; thence Northwesterly parallel with
the Southwesterly line of said BLOCK 255,
440 feet, more or less, to the Northwest-
erly line of said BLOCK 255 extended
Southwesterly; thence Northeasterly 20
feet to the point of beginning.
AND that portion of South Fourth Avenue
described as follows: Beginning at the
Northeast corner of BLOCK 275, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima)
according to the official plat thereof
recorded in Volume "A" of plats, page 103,
records of Yakima County, Washington;
thence Southeasterly along the Northeast-
erly line of said BLOCK 275, 200 feet,
more or less, to the Southeast corner of
Lot 4 of said BLOCK 275, thence Northeast-
erly along the Southeasterly line extended
of said Lot 4, 20 feet; thence Northwest-
erly parallel with the Northeasterly line
of said BLOCK 275, 200 feet, more or less,
to the Northwesterly line of said BLOCK
275 extended Northeasterly; thence South -
westerly 20 feet to the point of begin-
ning.
shall be vacated when all of the following conditions have
been satisfied:
A. Payment of compensation to the City of Yakima in the
amount of $14,625.00 in cash;
B. The new alignment of South 4th Avenue shall include
new traffic transition prepared by a licensed civil
engineer and approved by the City Engineer;
C. Any future expansion or modification of these facil-
ities shall comply with the existing land use regu-
lations in place at the time of their proposal; and
D. The actual roadway width of South 4th Avenue, be-
tween Tieton Drive and Pine Street, as measured
between curb faces, shall be determined by the City
Engineer, but in no case shall said roadway width be
less than 30 feet at any point.
Section 4. Upon satisfaction of all of the conditions
precedent to vacation which are set forth in Section 3 above,
the City Engineer is hereby authorized and directed to execute
_ _ _ _
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0112312004 03 55P;
__CITY_OF YAKIMA 1111111111114111118111
0D _ _ ! 4 00_ Yakima Co,__WA
a Certificate of Partial Street Vacation, which Certificate
shall be in recordable form and shall recite that the condi-
tions precedent to partial street vacation have been satis-
fied.
Section 5. The City Manager and City Clerk are hereby
authorized and directed to execute the Tunnel License Agree-
ment and Lien, a copy of which is attached hereto as Exhibit B
and incorporated by reference herein.
Section 6. By virtue of its acceptance of this ordinance
and the privileges and approvals herein granted, Central
Washington Comprehensive Mental Health hereby recognizes and
reaffirms the validity of a public utility easement estab-
lished by Ordinance No. 888 (approved September 7, 1911) in
favor of the City of Yakima through, over, under, and across
the following - described real property:
An 80 foot wide strip of land (formerly
known as Maple Street) lying between
blocks 255 and 256 of LUND'S ADDITION to
NORTH YAKIMA (now Yakima), as recorded in
Volume "A" of Plats, Page 103, Records of
Yakima County, Washington.
Section 7. The City Clerk is hereby authorized and di-
rected to promptly record in the official records of the
Yakima County Auditor's Office this ordinance, the Certificate
of Partial Street Vacation referred to in Section 4 above, and
the Tunnel License Agreement and Lien attached hereto.
Section 8. The Yakima City Council hereby adopts the
findings and conclusions pertaining to this master application
approval and right -of -way vacation (except as to reservation
of the 80 foot wide strip as provided in Section 6 above, and
as modified by adding a condition for minimum roadway width),
which findings and conclusions are contained in the Hearing
Examiner's Recommendation, City Nos. UAZO R/W VAC # 5 -91 and
UAZO CL(2) #14 -91, Examiner No. I- 91- 81 -43, a true copy of
which recommendation is attached hereto as Exhibit C and
incorporated by reference herein.
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__CIT_Y._OF AMR_ ___ _____ ORD $24 09 Yakima Co, WA '
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Section 9. This ordinance shall be in full force and
S effect 30 days after its passage, approval, and publication as
provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this
,Z day of , 1992.
Qa ,Ad
May
ATTEST:
Kcv -- - SEAL
City Clerk `
. IN O •
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Publication Date: a/ /9
Effective Date • • ,442,7 -
• CENTRAL WASHINGTON COMPREHENSIVE MENTAL HEALTH, a Wash-
ington nonprofit corporation, hereby approves, accepts, and
shall comply with all of the terms and conditions of this
ordinance.
CENTRAL WASHINGTON COMPREHENSIVE
MENTAL HEALTH
4-
BY: , — / I Aw*_-eleair
Its:
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FXHIRIT 4
I � J
TUNNEL LICENSE AGREEMENT AND LIEN
THIS AGREEMENT is made this day of , e-/�pv /) , 1992
by and between the City of Yakima, a Washington municipal corpora-
tion, hereinafter referred to as "CITY" and Central Washington
Comprehensive Mental Health, a Washington nonprofit corporation,
hereinafter referred to as "LICENSEE."
In consideration of the mutual promises and covenants con -
tained in this Agreement, the parties hereto agree as follows
1. Grant of License. The CITY hereby grants to LICENSEE, its
successors and assigns, a license to construct, maintain, and
operate a tunnel under and across South 4th Avenue between Tieton
Drive and Pine Street in the City of Yakima, and legally described
as follows
A strip of land 55 feet in width, (for a tun-
nel), being 27.5 feet on each side of the
following described centerline
Beginning at the intersection of the center-
lines of South 4th Avenue (formerly Kittitas
Avenue) and West Pine Street which is between
Blocks 255 and 275, of LUND'S ADDITION to North
Ilk Yakima (Now Yakima) according to the official
plat thereof recorded in Volume "A" of Plats,
Page 103, records of Yakima County, Washington;
thence South 18 °37'30" East, along the center-
line of said 4th Avenue 189.77 feet, thence
North 68 °13' West 39.40 feet to a point on a
line parallel with and 20 feet Easterly of the
Easterly line of Block 275 and said LUND'S
ADDITION and the True Point of Beginning,
thence South 68 °13' East 78.80 feet to a point
on a line parallel with and 20 feet Westerly of
the Westerly line of Block 255 of said LUND'S
ADDITION and the terminus point of the herein
described centerline. Said lines lengthened or
shortened to meet at boundary lines.
This Tunnel License is granted subject to all of the terms and
conditions in this agreement.
2. Purpose of Tunnel. The tunnel shall be used to connect two
separate buildings as a passageway for utilities, people, and carts
and for any use which LICENSEE desires to make of it in connection
with the operation and maintenance of mental health facilities on
adjoining parcels of land.
3. Physical Attributes and Construction of Tunnel. The tunnel
shall occupy a horizontal space of approximately fifteen (15) feet
and a vertical space of approximately eleven (11) feet for the full
Page 1 of 7
(agr \license.rp2)
voo 1424 1127
width of South 4th Avenue and shall be constructed of reinforced
concrete according to plans and specifications submitted to and
approved by the City Engineer. Said plans and specifications shall
provide for any public utility facility relocation and reconstruc-
tion deemed necessary by the City Engineer by reason of the con-
struction, operation, or maintenance of the tunnel. LICENSEE shall
reconstruct and repair the tunnel according to plans and specifica-
tions submitted to and approved by the City Engineer at any time
when, in the discretion of the City Engineer, such reconstruction
or repair is necessary, whether due to deterioration or any other
cause. LICENSEE shall, upon order of the City Engineer, repair any
surface or subsurface defects affecting South 4th Avenue which, in
the judgment of the City Engineer, are caused by the presence of
the tunnel. All costs associated with any such reconstruction or
repair of South 4th Avenue, or associated with any relocation or
reconstruction of public utilities, shall be borne entirely by
LICENSEE. The CITY shall have the right to monitor, inspect, and
oversee the construction activities at any time. The CITY shall
also have the unconditional right to approve or disapprove any
construction, reconstruction, relocation, or repair of the tunnel,
South 4th Avenue, or any public utilities. Any construction,
relocation, or repair activities contemplated by this Agreement
shall not be deemed to have been completed unless and until the
City Engineer provides LICENSEE with a written acceptance of said
construction, relocation, or repair activities. LICENSEE expressly
agrees that the CITY shall have no liability or legal responsibili-
ty whatsoever, in contract, tort, or otherwise, for any damage or 0
alteration to the tunnel caused by any loads across South 4th
Avenue (legal or illegal), or for any damage or alteration to the
tunnel caused by any customary or intended use of South 4th Avenue
as a public street. LICENSEE shall not at any time make a claim
against the CITY for damages to the tunnel.
4. Term of License. This license shall cease and terminate
twenty (20) years from the date of this Tunnel License Agreement,
and within ninety (90) days thereafter, the LICENSEE, it successors
and assigns, shall, if so required by the CITY, fill in said tunnel
and restore the surface and subsurface areas which may have been
disturbed in constructing, repairing, or using the tunnel to as
good condition in all respects as the abutting areas.
5. Annual License Fee. LICENSEE shall pay to the CITY an annual
license fee in the amount of Fifty Dollars ($50.00) or the current
right -of -way use permit renewal fee as established by Yakima Munic-
ipal Code Chapter 8.20, whichever amount is higher. Said annual
license fee shall be paid on the date this Tunnel License Agreement
is first executed, and then annually thereafter on every succeeding
one (1) year anniversary date after the date of execution of this
Tunnel License Agreement.
6. CITY'S Title. LICENSEE acknowledges the legal fee title of
CITY to the above - described real property and agrees never to deny
such title or to claim title in LICENSEE'S name. LICENSEE express-
ly agrees that it does not and shall not claim at any time any
Page 2 of 7
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von 1424 1128
interest or estate of any kind or extent whatsoever in the
above - described real property of CITY, by virtue of the rights
granted under this license agreement, LICENSEE'S occupancy or use
under this agreement, or any other basis.
7. Warranties and Representations. LICENSEE represents " and
warrants to the CITY that the following are true and correct
a. All construction, reconstruction, repair, operation, and
maintenance activities contemplated by this Agreement
shall be completed in accordance with all applicable
approved plans and specifications,
b. All construction, reconstruction, repair, operation, and
maintenance activities contemplated by this Agreement
shall be completed in accordance with all applicable
laws, statutes, ordinances, and regulations, including,
but not limited to, the 1991 Standards Specifications for
Road, Bridge, and Municipal Construction published by the
Washington Department of Transportation and the American
Public Works Association,
c. South 4th Avenue shall be functional for its current and
intended uses as a City street and free of all material
defects caused by the presence of the tunnel for the
entire term of this Agreement; and
d. LICENSEE shall not cause or permit any activities which
directly or indirectly could result in a release of
hazardous substances on or under the property affected by
this License Agreement.
8. Indemnities. LICENSEE shall protect, defend, indemnify, and
hold the CITY, its officers', agents, and employees harmless from
and against any and all claims, demands, damages, losses, liens,
liabilities, penalties, fines, fines, lawsuits, third -party claims
or damages, consequential damages whether foreseeable or unforesee-
able, and other proceedings and costs and expenses (including
attorney's fees and disbursements) which accrue to or are incurred
by the CITY and arise directly or indirectly from our out of,
relate to, or in any way are connected with
a. Any breach of the terms, conditions, representations, or
warranties contained in this Agreement;
b. Any activities on the property covered by this License
Agreement which directly or indirectly result in said
property or any other property becoming contaminated with
hazardous substances;
c. Any failure, defect, problem with, reduction in use, or
inability of South 4th Avenue to be used as a City
street; and
d. Any personal injuries, loss of life, or property damage
in or adjacent to the tunnel, except liability for per-
sonal injuries, property damages, or loss of life or
• property caused solely by the negligence of the CITY.
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VOL 1424 1129
9. Real Property Lien. As security for the promises and indemni-
ties made in this Agreement, LICENSEE hereby grants the CITY a lien •
on the follow- described real property, in an amount not to exceed
Fifty Thousand Dollars ($50,000.00), for all costs, expenses, and
liabilities incurred by the CITY as contemplated by this Agreement,
to -wit
Lots 1, 2, 3, 4, 13, 14, 15, and 16 of Block
275 together with Lots 9 through 16 of Block
255, all within Lund's Addition to North Yakima
(now Yakima) as recorded in Volume "A" of
Plats, Page 103, records of Yakima County,
Washington; together with the vacated alleys
abutting upon said lots.
In the event LICENSEE fails to promptly reimburse the CITY for any
costs or expenses so incurred, then this lien shall be subject to
foreclosure and said property shall be subject to sale, all in the
manner provided by law for the foreclosure of delinquent local
improvement district assessments, with the proceeds from such
foreclosure and sale to be retained by the CITY for reimbursement
to it of any such costs or expenses, together with interest, then
incurred and for legal and other expenses incurred in the fore-
closure proceedings.
10. Insurance. LICENSEE shall, during the entire term of this
Tunnel License Agreement, keep in full force and effect a policy or 40
policies of public liability and property damage insurance with
respect to the property covered by this license, in which the
limits of public liability shall not be less than Five Hundred
Thousand Dollars ($500,000.00) per occurrence and One Million
Dollars ($1,000,000.00) in aggregate, and in which the property
damage liability shall not be less than Two Hundred and Fifty
Thousand Dollars ($250,000.00). The policy shall name the CITY,
its officers, agent, and employees, as an additional insured and
shall contain a clause that the insurer will not cancel or change
the insurance without first giving the CITY ten (10) days prior
written notice. The insurance shall be in a responsible insurance
company chosen by LICENSEE. The CITY shall be provided with a
written insurance certificate prior to commencement of any tunnel
construction activities.
11. Assumption of Maintenance or Repair Activities. In the event
that LICENSEE abandons or fails to satisfactorily operate, main-
tain, or repair the tunnel or adjacent areas of South 4th Avenue as
contemplated by this Agreement, then the CITY may, at its option,
enter the tunnel or adjacent property and perform any maintenance,
restoration, or repair activities which the CITY deems necessary or
proper. In such event, LICENSEE agrees to pay the CITY for all
reasonable costs and expenses incurred to perform said maintenance,
restoration, or repair.
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"- VOL 1424 1130
12. Nonexclusive License. Nothing in this License Agreement shall
be construed as granting an exclusive iicense or privilege for the
use of South 4th Avenue or any portion thereof.
13. Termination. The CITY shall have the right to terminatthis
Tunnel License Agreement under any one of the following three
bases
a. This grant is subject to the primary use by the City of
Yakima of South 4th Avenue as a street, and CITY shall
have the right to terminate this Tunnel License Agreement
if at any time the tunnel interferes with the primary use
of South 4th Avenue by the City of Yakima. Notice of
termination shall be given to the LICENSEE not less than
ninety (90) days prior to the date specified in such
notice for the date of termination.
b. The CITY shall have the right to terminate this Tunnel
License Agreement if, in the discretion of the City
Engineer, LICENSEE has abandoned the tunnel or failed to
adequately maintain the tunnel in accordance with the
plans, specifications, or provisions of this Agreement.
Notice of termination shall be given to the LICENSEE not
less than thirty (30) days prior to the date specified in
such notice for the date of termination.
c. The CITY shall have the unconditional right to terminate
this Tunnel License Agreement, with or without cause, by
• giving LICENSEE written notice of termination not'T less
than one (1) year prior to the date specified in such
notice for the date of termination.
At the end of any of the above - described termination notice peri-
ods, this Agreement shall absolutely end and be terminated without
any right of LICENSEE, its successors, and assigns, to resort to
the courts to question such termination. Upon any termination
pursuant to this paragraph, the LICENSEE, it successors, and
assigns, shall, if so required by the CITY, fill in said tunnel and
restore the surface and subsurface areas which may have been dis-
turbed in constructing, repairing, or using the tunnel to as good
condition in all respects as the abutting areas. If LICENSEE fails
to fill in said tunnel and restore the area as required by this
paragraph, then the CITY may, at its option, realize upon the real
property lien provided for in Paragraph 9 above for reimbursement
of any CITY costs and expenses incurred to accomplish the filling
in or restoration of this area
14. Notice. Any notices required or desired to be given under
this Agreement shall be in writing and personally served, given by
overnight express delivery, or given by mail. Any notice given by
mail shall be sent, postage prepaid, by certified mail, return
receipt requested, addressed to the party to receive at the follow-
.
Page 5 of 7
(agr\license.rp2>
YOL 1424 1131
ing address or at such other address as the party may from time to
time direct in writing
CITY: City of Yakima
City Hall
129 North 2nd Street
Yakima, WA 98901
LICENSEE Central Washington Comprehensive Mental
Health
321 East Yakima Avenue
Yakima, WA 98901
Express delivery notices shall be deemed to be given upon receipt.
Postal notices shall be deemed to be given three (3) days after
deposit with the United States Postal Service.
15. Assignment. LICENSEE shall not transfer or assign this Agree-
ment, or any interest therein, without the consent in writing of
CITY, and it is agreed that any such transfer or assignment, wheth-
er voluntary, by operation of law or otherwise, without such con-
sent in writing, shall be absolutely void and shall, at the option
of CITY, terminate this Agreement.
16. Waiver of Breach. A waiver of either party hereto of a breach
of the other party hereto of any convenient or condition of this
Agreement shall not impair the right of the party not in default to •
avail itself of any subsequent breach thereof. Leniency, delay or
failure of either party to insist upon strict performance of any
agreement, covenant or condition of this Agreement, or to exercise
any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such Agreement,
covenant, condition or right.
17. Law Governing. This Agreement shall be governed in all re-
spects by the laws of the State of Washington.
18. Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the parties hereto, their successors,
and assigns.
19. Entire Agreement. It is understood and agreed that all under-
standings and agreements, whether written or oral, heretofore had
between the parties hereto are merged in this Agreement, which
alone fully and completely expresses their agreement, that neither
party is relying upon any statement or representation not embodied
in this Agreement, made by the other, and that this Agreement may
not be changed except by an instrument in writing signed by both
parties.
20. Litigation. In the event that any suit or action is insti-
tuted by either party to enforce compliance with or interpret any
of the terms, covenants, or conditions of this Agreement, the
prevailing party shall be entitled to collect, in addition to
Page 6 of 7
(agr\license.rp2)
voL1124 1132
t ' p.
necessary court costs, such sums as the court may adjudge as rea-
1, sonable attorney fees. The venue for any action to enforce or
interpret this Agreement shaft lie iri''the Superior Court of Wash-
ington for Yakima, County, Washington.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first hereinabove written.
r
ATTEST CITY OF YAKIMA
ii 4 f .
f 1 �
Y. Y
R. A. Z 's, Jr.
' ,,- City Manager , .
f CITY C�HT .i;T N0.
yz - �'7
�," CENTRAL WASHINGTON COMPREHENSIVE ,.= "•.
MENTAL HEALTH ` .,
BY:
Its: _ _ _ ���
//
STATE OF WASHINGTON ) _.
s
• :ss.
County of Yakima )
- I certify that I know. or have satisfactory evidence that
21 f.
4. /Q/ the ( fX�Y? iVe O/ cet of Central
Washington Com r ehensive Mental Health is the person who appeared
before me, and said person acknowledged that they signed this
instrument, on oath stated that they were authorized to execute' the
instrument and acknowledged it to be the free and voluntary act of
such party for tIle uses and purposes mentioned in this instrument. DATED: 101� ="" ,
4 . A zi e eta/ :. ,,,,,
Nota y Public in and !or, t4 af':"�'
of Washington, residi g _ ..a= '" r 4 •_',ii
My commission expire sf:. "1.4 .
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Page 7 of 7
(agr \license.rp2) DOUG j' - f =,45
VOL I-124 11:3
RECEIVED
• DEC 0 41991
C ITY OF YAKIMA
PLANNING DIV
Master Application by )
)
CENTRAL WASHINGTON ) SUMMARY OF
COMPREHENSIVE MENTAL HEALTH ) EXAMINER'S RECOMMENDATION
) UAZO for Partial Street Right- ) City Nos. UAZO R /W(2) VAC 1 _ - 6
of -Way Vacation, Class 2 )
Review of Office Building, ) Examiner No. 191 -81 -43
and Administrative )
Adjustment of Parking )
Standards. )
This summary of the Hearing Examiners recommendation provides complete details of the actual
conclusions and decision, but does not include all of the findings or reasoning involved. You may obtain a
complete copy of the recommendation, free of charge, by calling the City Planning Department at 575 -6113
SUMMARY
Applicant: Central Washington Comprehensive
• Mental Health
Type of Application: Master application for right -of -way
vacation, approval of medical office
building, and adjustment of parking
standards.
Location: Vicinity of South 4th Ave. between Tieton
Drive and Pine Street. The Fuller O'Brien
building is at 401 S. 6th Ave., Parcel
#181324- 44455. The trolley barn property
is between 4th and 3rd Aves., Parcel
#181324- 44410.
Date Decision Filed: December 4, 1991.
Current Land Use: Fuller O'Brien building and trolley
barn property.
Proposed Land Use: Mental Health administrative /outpatient
services, . and residential treatment
facility.
Current Zone: Light Industrial (M -1) and Central
Business District Support (CBDS).
• EXAMINER'S SUMMARY - 1
HEARING EXAMINER
FOR THE
EXHIBIT CnY POST OFFICE BOX 4 YAKIMA
YAKIMA. WASHINGTON 98907
(509) 248 -0706
Decision:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D- 5630. No public
purpose is served by retaining the right -of -way.
4. For the reasons stated herein, the application complies
with the objectives of the Urban Area Comprehensive Plan, the
intent of the applicable zoning districts, and the provisions of
the Urban Area Zoning Ordinance.
RECOMMENDATION
1. Approve vacating the street right -of -way described as:
That portion of South Fourth Avenue described as follows:
Beginning at the Northwest corner of BLACK 255, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima) according to the
official plat thereof recorded in Volume "A" of plats, page
103, records of Yakima County, Washington; thence
Southeasterly along the Southwesterly line and Southwesterly
line extended of said BLOCK 255, 440 feet, more or less, to
the centerline of Maple Street; thence Southwesterly along
said centerline 20 feet; thence Northwesterly parallel with
the Southwesterly line of said BLOCK 255, 440 feet, more or
less, to the Northwesterly line of said BLOCK 255 extended
Southwesterly; thence Northeasterly 20 feet to the point of
beginning.
AND that portion of South Fourth Avenue described as follows:
Beginning at the Northeast corner of BLOCK 275, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima) according to the
official plat thereof recorded in Volume "A" of plats, page
103, records of Yakima County, Washington; thence
Southeasterly along the Northeasterly line of said BLOCK 275,
200 feet, more or less, to the Southeast corner of Lot 4 of
said BLOCK 275, thence Northeasterly along the Southeasterly
line extended of said Lot 4, 20 feet; thence Northwesterly
parallel with the Northeasterly line of said BLOCK 275, 200
feet, more or less, to the Northwesterly line of said BLOCK
275 extended Northeasterly; thence Southwesterly 20 feet to
the point of beginning.
2. Approve the proposed medical office building and parking
as reflected on the site plan, subject to the following conditions:
EXAMINER'S SUMMARY - 2 410
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKINA. WASHINGTON 98907
(509) 2480706
• A. Payment of compensation in the amount of $14,625.00
i cash concurrent with or prior to execution of the ordinance
of vacation.
B. An 80 foot wide strip be reserved for future
extension of Tieton Drive from South 4th Avenue to South 3rd
Avenue as shown on the site plan dated September 18, 1991,
with appropriate documentation of this reservation subject to
approval by the City Attorney.
C. The new alignment of South 4th Avenue shall include
new traffic transition prepared by a licensed civil engineer
to the approval of the City Traffic Engineer's office.
D. Any future expansion or modification of these
facilities shall comply with the existing land use regulations
in place at the time of their proposal.
3. 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
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.
4. This decision entitles the applicant to a Certificate of
Zoning Review, which is valid for one year from the .date of
issuance of the Certificate. The Certificate may be extended one
time only for up to one additional year by application prior to the
termination date, all as set forth in YMC 15.12.060.
Examiner: 1
EXAMINER'S SUMMARY - 3
NEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
RECEIVED
DEC 0 41991
Master Application by ) CITY OF YAKIMA •
pp PLANNING Div
CENTRAL WASHINGTON )
COMPREHENSIVE MENTAL HEALTH ) EXAMINER'8 RECOMMENDATION
)
for Partial Street Right- ) City Nos. UAW
UAZO R /W2) VAC
14 _ - 1 1 5
of -Way Vacation, Class 2 )
Review of Office Building, ) Examiner No. 191 -81 -43
and Administrative )
Adjustment of Parking )
Standards. )
The Examiner conducted two public hearings on this matter:
September 25 and October 9, 1991. The staff report presented by
Mr. Dan Valoff recommended approval subject to a number of
conditions. Several property owners in the area, particularly on
4th Avenue, attended because they were curious as to what the
impact on 4th would be of the right -of -way vacation. They have no
problems with the vacation so long as the street remains open for
occasional truck traffic. There was no opposition to the
application. The Examiner inspected the property both prior to and
after the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends:
1. Vacating the right -of -way requested along 4th Avenue,
which has the effect of narrowing but not closing the street;
2. Approve the medical office building on the trolley
property as proposed;
3. Approve the requested reduction of required parking
spaces, due to the availability of additional land on this parcel,
owned by the applicant, which can be used in the future if more
parking is needed;
4. Require that a proposed extension of Tieton Drive, from
4th to 3rd Avenue, be shown on the site plan and that all building
be prohibited within the extension of right -of -way, except for
parking lot and related improvements.
5. Mental Health also wants to build a tunnel under 4th
Avenue, connecting its adjacent buildings. Since the Urban Area
Zoning Ordinance provides no guidance concerning consideration of
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 1 FOR THE
C AND COUNTY of YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
• tunnels in city right -of -way, the Examiner makes no recommendation,
but suggests that the matter be evaluated separately from this
application, perhaps by adoption, if appropriate, of a specific
ordinance to deal with this unusual and probably rare situation,
rather than attempting to draft a tunnel ordinance designed to meet
all contingencies.
An unusual aspect of this application is that redevelopment of
this property could be coordinated with the eastern extension of
Tieton one more block to 3rd Avenue, thus linking Tieton to the two
primary north -south arterials, 3rd and 5th, located immediately
west of the railroad tracks. Although there are no current plans
to extend Tieton Drive, it may be appropriate for the Council to
consider acquiring the right -of -way at this point, subject to a
mechanism to allow use of the right -of -way by Mental Health until
such time as it is developed in the future. If this application is
approved, Mental Health will be required to compensate the City for
the vacated right -of -way on 4th Avenue, and the City may also deem
it appropriate to request compensation for use of city right -of -way
as a tunnel, all of which could be offset against the acquisition
cost of Tieton Drive right -of -way between 4th and 3rd Avenues.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. Central Washington Comprehensive Mental
Health.
2. Location. Vicinity of South 4th Avenue between Tieton
Drive and Pine Street. The Fuller O'Brien building is located at
401 South 5th Avenue, Yakima County Assessor's Parcel No. 181324-
44455. The trolley barn property is between 4th and 3rd Avenues,
Yakima County Assessor's Parcel No. 181324 - 44410.
The legal description of the proposed right -of -way to be
vacated is:
HEARING EXAMINER
E
TH
EXAMINER'S RECOMMENDATION - 2 CITY AND FOR FOR THE OF YMIMA
POST OFFICE BOX 4
VAKIMA. WASHINGTON 98907
(509) 248 -0706
That portion of South Fourth Avenue described as follows:
•
Beginning at the Northwest corner of BLOCK 255, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima) according to the
official plat thereof recorded in Volume "A" of plats,
page 103, records of Yakima County, Washington; thence
Southeasterly along the Southwesterly line and
Southwesterly line extended of said BLOCK 255, 440 feet,
more or less, to the centerline of Maple Street; thence
Southwesterly along said centerline 20 feet; thence
Northwesterly parallel with the Southwesterly line of
said BLOCK 255, 440 feet, more or less, to the
Northwesterly line of said BLOCK 255 extended
Southwesterly; thence Northeasterly 20 feet to the point
of beginning.
AND that portion of South Fourth Avenue described as
follows:
Beginning at the Northeast corner of BLOCK 275, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima) according to the
official plat thereof recorded in Volume "A" of plats,
page 103, records of Yakima County, Washington; thence
Southeasterly along the Northeasterly line of said BLOCK
275, 200 feet, more or less, to the Southeast corner of
Lot 4 of said BLOCK 275, thence Northeasterly along the
Southeasterly line extended of said Lot 4, 20 feet;
thence Northwesterly parallel with the Northeasterly line
of said BLOCK 275, 200 feet, more or less, to the
Northwesterly line of said BLOCK 275 extended
Northeasterly; thence Southwesterly 20 feet to the point
of beginning.
3. Application. Master application for right -of -way
vacation, approval of medical office building, and adjustment of
parking standards.
4. Background. Central Washington Comprehensive Mental
Health is in the process purchasing 4.94 acres located at West Pine
and South 3rd Avenue (the trolley barn property) and plans to
construct an 80,000 square foot building for the purpose of
providing outpatient and administrative services. Mental Health
previously bought the 64,000 square foot Fuller O'Brien building at
401 South 5th Avenue. It is being remodeled to accommodate space
for both mental /substance abuse evaluations and a 20 bed
Detoxification Program operated by Northwest Counseling, together
with a 25 bed Acute Care Residential Unit.
The street right -of -way to be vacated consists of a portion of III
the east and west 20 feet of South Fourth Avenue between Pine
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 3 FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA . WASHINGTON 96907
1509) 246 -0706
• Street and Tieton Drive. The existing right -of -way on South Fourth
Avenue is 100 feet. Mental Health wants to vacate 20 feet along
the Fuller O'Brien property on the west side of 4th, and another 20
feet along the entire east side of 4th, on the trolley,barn
property. Granting this vacation will leave 60 feet of
right -of -way for 4th Avenue, which is a local access street. Fifty
feet is currently the norm for such streets.
The purpose of the proposed vacation is to make it possible to
locate the two developments closer together, tying the two
buildings together visually and creating a campus -type atmosphere
while reducing the travelled portion of the road. In bringing the
two buildings closer together they are trying to establish a
concept of a single functionally interrelated medical center
complex. The applicant is also proposing to link the basement
level of each building with a tunnel running under Fourth Avenue in
order to transport staff, supplies, and medical records between the
two buildings.
Fourth Avenue is unusual because it has 100 feet of right -of-
way. By comparison, Tieton Drive, a four -lane arterial, has only
80 feet. Narrowing the street will still leave one lane of traffic
in each direction, and on- street parking, except in the vicinity of
the two buildings. Although not complete at this point, the
buildings on either side of 4th would be designed to in effect come
together. Coupled with a mid -block crosswalk, the focus of the
design is to suggest a common space intended to slow traffic.
Original designs reflect an overhang into the public right -of -way
by both buildings. That element of the design is not included in
this review and was withdrawn by the architect in order to simplify
this review. The plan for an overhanging awning over the crosswalk
was not clear as to whether it actually connected the two buildings
physically, or simply consisted of overhanging eaves. It did not
appear to be a sky bridge, there were questions about the ability
to overhang in the travelled portion of the right -of -way, so the
application does not include that feature at this time. In the
• event some sort of overhang is desired in the future, it would be
subject to whatever normal review applies at that time.
HEARING EXAMINER
FOR THE
-EXAMINER'S RECOMMENDATION - 4 cm AND COUNTY of Y A K I M A
POST OFFICE BOX 4
YAK IMA. WASHINGTON 98907
1509) 248 -0706
The purpose of the tunnel is to provide a secure connection
between the buildings so that they can in effect operate as one •
facility. Mental Health does not want to close 4th Avenue, because
they feel that it is important to maintain traffic flow in a
circular fashion through the area. Many of their patients come by
bus, and part of this project includes anticipated cooperation of
the Transit Division and construction by Mental Health of a bus
stop somewhere along 4th. This will require a reroute of the bus
by transit, but the indication from Transit is that they are quite
interested in accommodating this because of the high volume of
transit customers using this facility. The tunnel, although
located in City right -of -way, would be constructed and owned by
Mental Health subject to some sort of legal arrangement with the
City which has not yet been determined. From a technical
standpoint there are no utilities in 4th Avenue so construction of
the tunnel probably presents more of a legal than an engineering
challenge.
Another component of this plan is a mid -block crosswalk, which
was reviewed in the Design Review Team meeting and does not raise
any insurmountable problems. Fourth Avenue is used very little, so
it is not like creating a mid -block crosswalk on a busy arterial.
5 Current Zoning and Use. The land use in this area is a
mix of industrial activity to the east, residential to the south,
mixed commercial and industrial to the north, and residential to
the west. Major facilities in the immediate area are Davis High
School and Lions Park, which is northwesterly of the site
approximately two blocks, and the Yakima Valley Transportation Co.
(YVTC) on the east side of the property. Adjacent properties have
the following characteristics:
Location Current Zoning Existing Use
North CBDS Commercial /Industrial
South M -1 Commercial /Industrial
East M -1 Trolley Barns (YVTC)
West CBDS Credit Union /Comprehensive
Mental Health
The present zoning for the residential treatment center is
Central Business District Support (CBDS), and is a Class 1 use in •
that zoning district. The second parcel located east of 4th
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 5 FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(SOW 248 -0706
Avenue, the site of the new administrative outpatient building, is
zoned Light Industrial (M -1), and is a Class 2 use in that zoning
district.
The trolley property currently has the old stone trolley barn
near the north end; the old stone rectifier building, containing
electrical equipment for the trolley, in roughly the middle of the
property; and a metal shed for storage of trolley equipment near
the south end of the property. Located on the east side, adjacent
to 3rd, is a truss manufacturing company which is on a month -to-
month lease, which could be terminated by Mental Health at any
time, particularly if additional parking is needed. The present
proposal for development of the trolley property is to retain both
old stone buildings, eliminate the metal shed, and allow Cascade
Truss to continue in its present location for the time being.
6. Jurisdiction. The Residential Treatment Facility located
on 5th, in the old paint building, is treated in this application
as a Class 1 use in the CBDS zone (UAZO Ch. 15.04, Table 4 -1). The
proposed outpatient and administrative services facility to be
built on the trolley property east of the paint building is
classified as a Class 2 use in the 14-1 zone. Also requested is an
administrative adjustment reducing the off - street parking standards
for these two uses. None of this would require a public hearing,
but for the right -of -way vacation request. Since that requires a
public hearing by the Examiner, with a recommendation to the City
Council, which adopts an ordinance, the master application
provisions of the zoning ordinance are being followed. This
subjects the entire project to the highest level of review required
by any portion of the application, which in this instance is the
right -of -way vacation.
7. Urban Area Comprehensive Plan. A stated objective of the
Urban Area Comprehensive Plan is to assure that future development
is compatible with existing uses. The plan does not include
policies related to the placement of mental health facilities or
other community facilities. Compatibility and development criteria
• are to be reviewed and determined on an individual site basis.
Characteristics that influence compatibility include traffic,
pollution, light, economic value and citizen preference. The
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 6 FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
proposed facility is located at the intersection of two arterial
•
streets capable of handling the additional traffic generated by the
proposal. The structure will be of a size and design that is
consistent with surrounding land uses. Artificial lighting from
the facility will be consistent with that existing in the vicinity,
and will be directed away from traffic on surrounding streets. The
surrounding land uses consist of a mixture of commercial,
industrial, city park (Lions Park & Swimming Pool) and Davis High
School. The proposal is located on the same block as the Yakima
Valley Transportation Co. trolley barn and trolley rectifier
building, a property which has been determined to be eligible for
listing in the National Register of Historic Places. The new
facility intends to be sensitive to, and complement the trolley
facility. There are minimal compatibility problems, and the
economic impact of the proposal on surrounding properties should be
positive given that the proposed building site has been vacant for
many years.
Development criteria as outlined in the comprehensive plan
state that adequate provisions for public services and facilities,
transportation, sewer, and water shall be provided. The project
area is reasonably served by roads, public transit, parking, sewer
and water.
8. Urban Area Zoning Ordinance. The proposal is located
within the M -1 District. The stated purpose of the M -1 zoning
district is to provide areas for light manufacturing, processing,
research and wholesale trade, storage and distribution facilities.
Uses permitted in this district should not generate noise levels,
light, odor or fumes that would constitute a nuisance or hazard.
The site development plan for the proposed facility complies
with the standards of the Urban Area Zoning Ordinance. Below is a
summary of the UAZO Site Design Standards.
8.1 Building Setback. Lot Coverage, and Height. The new
administrative outpatient building will be a two story, 80,000
square foot structure and not exceed the height standards in the
M -1 zone. Setbacks for the building will not exceed the standard
of 30 feet from center line off a local access for the front yard, •
30 feet from center line of a local access street for the side yard
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 7 FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
setback, and zero lot line setback for the rear yard. There is
100% lot coverage permitted in the M -1 zoning district.
8.2 sitescreeninq. There are no sitescreening
requirements in this area. However, great care has been taken in
the design of this medical complex to incorporate street - scaping
and sight- screening, off - street parking and loading, site lighting
and providing for open space in their design.
8.3 Parking. The 45 bed residential care facility
located in the existing Fuller O'Brien building will be providing
38 off - street parking spaces. UAZO Table 6 -1 requires one parking
space for each two beds, for a total of 23. This site thus has 15
extra parking spaces.
The new 80,000 square foot administrative /outpatient
facility on the trolley property has a site plan showing 174
off - street parking spaces. Table 6 -1 requires one space for each
200 square feet of gross floor area and one space for each 500
square feet of storage area. No parking spaces are required for
mechanical areas, stairways, restrooms, etc. The applicant's
architect, Knipper Dunn, has come up with some very pretty maps
detailing the various areas, and by their calculations one -third of
the building is used for office, one -third for storage, and one -
third is exempt. On their calculations the ordinance requires 188
parking spaces. By giving them credit for 15 extra spaces at the
residential facility, they have a total of 189, and appear to meet
the requirement.
This result definitely gives Mental Health the benefit of
the doubt in terms of their calculation of exempt area, but is
tempered by the fact that the Cascade Truss property is part of
this site, and is available in the future for additional parking if
demand warrants it. Another dilemma is how to treat future build -
out of the residential facility, which may also increase parking
demand. Under the circumstances, however, this facility clearly
deals with a significant number of patients who utilize the bus, as
reflected by their own evidence and that from City Transit. It is
• also located on a bus line with good access to other social service
providers. Given the availability of additional land for future
parking, it seems reasonable to approve the parking as proposed.
HEARING EXAMINER
FOR THE
EXAMINER'S RECOMMENDATION - 8 cm AND COUNTY OF Y*XIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248 -0706
It should be noted, however, that the useability of the parking
IP
south of the administration building will be significantly affected
if Tieton is punched through from 4th to 3rd. The bulk of their
parking would then be separated from their building by a four lane
arterial. There would still be plenty of parking available, but it
would not be as accessible. There would still be available parking
adjacent to the building for clients and deliveries.
Mental Health has about 300 employees, many of whom will
be working during the daytime. Based on that number, parking is
inadequate. One of the unique aspects of this operation, however,
is that many of the employees are field workers and are not
typically in the office. In addition, the total number of
employees of Mental Health includes those in other facilities
throughout the valley. Currently Mental Health operates out of the
Great Western building in the downtown mall, and has significantly
less parking available than is available in this new location.
Based on a review of all the evidence it appears that the parking
is adequate, and at this time at least conforms with the ordinance 1110' requirements.
RIGHT -OF -WAY VACATION
9. Public Use of the Right- of -Way. South 4th Avenue is
currently developed with concrete curbing and a paved asphalt
surface. The street is purely local access. Trucks utilize the
street to get into a warehouse on the west side of 4th, between
Tieton and Division, and credit union customers utilizing the
credit union's drive -in facility exit onto 4th. Employees of
businesses in the area also use the street for parking.
10. Criteria for Right- of -Wav Vacation. City policy
identifies five criteria for consideration:
10.1 Public Benefit. Vacating 40 feet leaves 60 feet of
right -of -way. The vacation will make it possible to locate the two
buildings much closer together, which is important to the design of
the complex in order to reinforce the concept of a single
functionally interrelated facility. Narrowing the street and
moving the buildings closer is important to the applicant in order
to establish a clear and positive visual connection between the
HEARING EXAMINER
FOR THE
EXAMINER'S RECOMMENDATION - 9
CITY AND COUNTY of YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
1509) 248 -0706
buildings, making way finding easier and circulation across 4th
Avenue safer for pedestrians. It will also reduce staff
circulation time to move people, supplies, and medical records
between buildings. If a tunnel is constructed, having the
buildings closer together will also reduce construction costs.
10.2 Denial of Access. No property is denied sole
access.
10.3 Consistency with Transportation Plans There is
nothing in the Plans relative to this street; nor is there anything
in the Plans dealing with possible extension of Tieton Drive east
to 3rd Avenue. City transportation plans and policies will not be
affected by this vacation. There is a possibility that the City
Transit Division will choose to reroute transit service onto 4th,
in order to go by the mental health facility. There is currently
a bus stop on 5th near the Fuller O'Brien building, and the Transit
Division has expressed interest in potentially rerouting the bus.
That will not pose any problem to Transit, will not be adversely
affected by the street vacation, and is desirable from the
410 standpoint of Mental Health, which will construct a bus turn stop.
10.4 Consistency with Existing and Anticipated
Development and Zoning. It is reasonable to expect that much of
the property in this area will redevelop in the reasonably near
future. Much of it is either undeveloped or underdeveloped. A
primary concern should be to maintain and improve the existing
traffic grid. If 4th Avenue were to be laid out as a new street at
this time, 100 feet of right -of -way would not be required. Over
time 3rd and 5th Avenues have developed as the north -south
arterials immediately west of the railroad tracks. Fourth Avenue
will never compete with either.
10.5 Relocation of . utilities. No existing public or
franchised utilities are located in the right -of -way to be vacated.
11. Compensation. City Resolution No. D -5630 specifies the
requirements for compensating the City for vacated rights -of -way.
Marion Pierce provided two documents concerning value. The first,
dated July 1, 1991, sets forth the assessed values of the two
IP parcels being vacated, one on each side of 4th Avenue. The second
document, dated October 8, 1991, lists comparable sales. Four
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 10 FOR THE
CRY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMNA. WASHINGTON 98907
(509) 248 -0706
thousand square feet are involved on the west side of 4th Avenue,
and 9,000 square feet are involved on the east side. After receipt
of the assessed value information, the Examiner indicated desire
for comparable values, which resulted in the October 8, 1991
document. Since Mental Health has purchased both the Fuller
O'Brien building and the trolley property, and since both
properties are listed among the comparables, it is reasonable to
use that square foot value for raw land as the value fcr this
vacation. According to Mr. Pierce the value is $2.25 per square
foot. The total value is thus. $29,250.00 (13,000 sq.ft. x $2.25).
By comparison, Mr. Pierce's first appraisal, based on assessed
values from the assessor's office, has a total of $33,500.00. Mr.
Pierce's second appraisal, based on a number of comparable sales,
including the properties involved, comes up with a total of
$22,500.00. Using the number derived from the actual purchases of
this land results in a number approximately mid -line between Mr.
Pierce's appraisals, and is a value based on the best available
evidence.
City Resolution No. D -5630, dated September 12, 1989, states,
inter alia, that in a situation like this the applicant shall pay
one -half of the appraised value to the City. This is consistent
with RCW 35.79.030, which puts a cap on compensation of one -half of
the appraised value of the area vacated. Accordingly, the amount
to be paid the City, in cash, in conjunction with the City's
adoption of an ordinance of vacation, is $14,625.00.
12. Traffic Study. A traffic study was required by the City,
and performed by Bell- Walker Engineers, Inc.
The report, dated August, 1991, was requested by the City
primarily to evaluate whether Tieton Drive should be extended to
3rd Avenue, and potentially across the tracks connecting with 1st
Street and perhaps Maple Street. An alternative would be the
extension of Division, across the tracks, connecting with Pacific
Avenue. Division cuts off from Tieton at 8th Avenue, about where
Tieton jogs north, and is basically a straight shot if extended
across the tracks to Pacific, although Division Street west of the
tracks is narrow, with inconsistent street widths, and very
residential.
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 11 FOR THE
CITY ANO COUNTY OF YAKMA
POST OFFICE BOX 4
YAK MA. WASHINGTON 98907
(509) 248 -0706
Although extension of Tieton Drive across the railroad tracks
is unlikely even in the long term, connection of Tieton to 3rd is
feasible and is contemplated by the Mental Health site plan. As a
result of significant negotiations between the applicant and the
City, the site plan shows the administration building located north
of the projected right -of -way of Tieton Drive. The objective was
to keep available the notion of extending Tieton to 3rd, without
requiring the City to acquire the right -of -way at this point, and
without unduly limiting Mental Health's development of the site.
Apparently Mental Health and the City agreed with this because it
is reflected in the site plan. At the hearing, the applicant and
their architect indicated that they did not want to necessarily
comply with this restriction unless the City is willing to commit
to the extension of Tieton Drive across the railroad tracks. If
the City made that commitment, then Mental Health would feel better
about this restriction. The argument was also advanced that
Division is a better street to connect across the railroad tracks,
because it ties into Pacific, which services the SunDome complex,
while tying into both Nob Hill and 10th Avenue, which will probably
be substantially upgraded as part of the Yakima Avenue interchange
project.
The traffic study by Bell- Walker attempts to deal with some of
these issues, as well as the impact on adjacent streets of this
particular project. Using some proposed transportation analysis
guidelines, which have not been formally reviewed or adopted by the
Council, the impact on adjacent streets ranges in the area from 1%
to 5% of available capacity. Under some approaches, that could
trigger a requirement by the applicant to contribute to a fund or
actually commit to making road improvements in the area. At this
point we have not adopted concurrency requirements, which will be
mandated under the Growth Management Act. Furthermore, the
remaining capacity on these streets appears to be substantial, and
based upon the available physical evidence there seems to be little
to suggest any need for adjacent roadway improvements by Mental
41, Health. They of course will rework 4th Avenue in the event the
vacation is approved, with new curb, gutter, and sidewalks.
NEARING EXAMINER
EXAMINER'S RECOMMENDATION - 12 FOR THE
CM AND COUNTY THE of rAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
On the larger issue of the Tieton Drive extension, the study
says that a Tieton Drive overpass at the railroad is unlikely •
because of cost and that it does not appear to be justified by
demand. Perhaps most interestingly, from this Examiner's
perspective, the traffic study states that the extension of Tieton
Drive to 3rd Avenue from 4th Avenue would not provide any benefits
by itself (Traffic Study, p.3 -6). This statement simply does not
make sense.
It is true that this project by and of itself does not justify
requiring dedication of Tieton Drive right -of -way. There are,
however, a number of reasons why Tieton should be extended to 3rd
Avenue. Third and 5th Avenues provide the counter -part to 1st
Street, on opposite sides of the tracks. Because of the jog in the
tracks, 3rd Avenue is a four lane arterial that basically provides
access from Lincoln Avenue south to and beyond Nob Hill Boulevard.
Fifth Avenue overlaps the function of 3rd, from Tieton Drive north
to Lincoln, and then serves as the prime northerly arterial on the
west side of the tracks, tying into Fruitvale Boulevard and I
Street.
As Yakima grows to the west, it will be imperative to maintain
the functioning of the east -west arterials, such as Lincoln,
Summitview, Yakima Avenue, Tieton, and Nob Hill. All of those,
with the exception of Tieton Drive, have a logical easterly
terminus. The eastern end of Tieton Drive basically ends at 5th
Avenue, however, meaning that one can easily go north, but has to
weave through a number of turns to get onto 3rd Avenue to go south.
The area near the eastern end of Tieton Drive is under
substantial redevelopment pressure. Davis High School is in a
major expansion mode, St. Elizabeth Hospital to the north is also
significantly expanding, and Mental Health is planning this $6
million facility. If Tieton were extended to 3rd, traffic could
easily go both north and south, and access into and out of the
entire area would be substantially improved. Additional pressure
on the area will also come if the City transfers Public Works
activities to the Cascade Lumber facility on 3rd Avenue.
For these reasons the City Council may wish to consider taking
steps to acquire Tieton Drive right -of -way now. Possibilities may
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 13 FOR THE
Cm AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKI MIA. WASHINGTON 98907
(809) 248 -0706
exist to negotiate an exchange of compensation for the 4th Avenue
vacation, together with compensation for a proposed tunnel, in
return for right -of -way. Mental Health, conversely, deserves to
know what the City's plan is relative to Tieton. They are making
a significant capital investment in this area, and their building
designs could be substantially affected by the extension of Tieton.
Even though there may not be any way to immediately improve the
Tieton Drive extension, it may be possible to acquire the right -of-
way now and make arrangements with Mental Health to lease the
property back until such time as street improvements are feasible.
13. Environmental Review. A Determination of Non-
significance was issued on August 26,' 1991, for the construction of
the new facility. The 15 day comment period ended on September 10,
1991, with no significant comments received. Street vacations are
categorically exempt from SEPA review pursuant to WAC 197-11 -
800(2)(H) and YMC 6.88.
14. Public Notice. Public notice of the hearing was provided
in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right -of -way.
4. For the reasons stated herein, the application complies
with the objectives of the Urban Area Comprehensive Plan, the
intent of the applicable zoning districts, and the provisions of
the Urban Area Zoning Ordinance.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
1. Approve vacating the street right -of -way described as:
That portion of South Fourth Avenue described as follows:
• Beginning at the Northwest corner of BLOCK 255, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima) according to the
official plat thereof recorded in Volume "A" of plats,
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 14 FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
VAX IMA. WASHINGTON 98907
(509) 248-0706
•
page 103, records of Yakima County, Washington; thence
Southeasterly along the Southwesterly line and
Southwesterly line extended of said BLOCK 255, 440 feet,
more or less, to the centerline of Maple Street; thence
Southwesterly along said centerline 20 feet; thence
Northwesterly parallel with the Southwesterly line of
said BLACK 255, 440 feet, more or less, to the
Northwesterly line of said BLOCK 255 extended
Southwesterly; thence Northeasterly 20 feet to the point
of beginning.
AND that portion of South Fourth Avenue described as
follows:
Beginning at the Northeast corner of BLOCK 275, LUND'S
ADDITION TO NORTH YAKIMA (now Yakima) according to the
official plat thereof recorded in Volume "A" of plats,
page 103, records of Yakima County, Washington; thence
Southeasterly along the Northeasterly line of said BLOCK
275, 200 feet, more or less, to the Southeast corner of
Lot 4 of said BLOCK 275, thence Northeasterly along the
Southeasterly line extended of said Lot 4, 20 feet;
thence Northwesterly parallel with the Northeasterly line
of said BLOCK 275, 200 feet, more or less, to the
Northwesterly line of said BLOCK 275 extended
Northeasterly; thence Southwesterly 20 feet to the point
of beginning.
2. Approve the proposed medical office building and parking
as reflected on the site plan, subject to the following conditions:
A. Payment of compensation in the amount of $14,625.00
in cash concurrent with or prior to execution of the ordinance
of vacation.
B. An 80 foot wide strip be reserved for future
extension of Tieton Drive from South 4th Avenue to South 3rd
Avenue as shown on the site plan dated September 18, 1991,
with appropriate documentation of this reservation subject to
approval by the City Attorney.
C. The new alignment of South 4th Avenue shall include
new traffic transition prepared by a licensed civil engineer
to the approval of the City Traffic Engineer's office.
D. Any future expansion or modification of these
facilities shall comply with the existing land use regulations
in place at the time of their proposal.
3. A final site plan, which includes the items shown on the lb
original site plan, the additions or modifications required by this
HEARING EXAMINER
EXAMINER'S RECOMMENDATION - 15 FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248 -0706
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.
4. This decision entitles the applicant to a Certificate of
Zoning Review, which is valid for one year from the date of
issuance of the Certificate. The Certificate may be extended one
time only for up to one additional year by application prior to the
termination date, all as set forth in YMC 15.12.060.
DATED this 4th day of December, 1991.
'INA,Le 17---e•---1,
VV
PHILIP A. LAM
Hearing Examiner
RECEIVED
• DEG 0 41991
C ITY OF YAKIMA
PLANNING DIV
411)
HEARING EXAMINER
FOR THE
EXAMINER'S RECOMMENDATION - 16 cm AND COUNTY of rArcIMA
POST OFFICE BOX 4
YAKI.1A. WASHINGTON 98907
(509) 248 -0706