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HomeMy WebLinkAbout2008-005 River Pointe Landing Rezone, 1439 North 16th Avenue Return To Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2008 -05 Relating to land use regulation and zoning, rezoning, with conditions, fifteen parcels of property located in the vicinity of 1439 N 16 Avenue, Yakima, Washington from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC) as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, River Pointe Landing, LLC being identified as the applicant herein Grantor' City of Yakima Grantee River Pointe Landing, LLC ABBREVIATED LEGAL DESCRIPTION THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING SOUTH OF THE STATE HIGHWAY, TO WIT THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH, RANGE 18 EAST, WM THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH RANGE 18 EAST WM AcAck 19ai dascrt p,ficrs on p3S 4c, S PARCEL NUMBER: 181312 - 31005, 181312 - 31007, 181312 - 34400, 181312- 34401, 181312- 34402, 181312- 34403, 181312- 34404, 181312- 34405, 181312- 34406, 181312- 33001, 181312 - 33002, 181312 - 33003, 181312 -33005 181312 - 22001, 181312 -22002 ; 1.1111111111111 11E11 7 0 8 32 1 8 3 / 1 2 11 0:802 33 11P CITY OF YAKIMA PLANNING ORO 04 00 Yakima Co, WA ORDINANCE 2008 -05 AN ORDINANCE relating to land use regulation and zoning, rezoning, with conditions, fifteen parcels of property located in the vicinity of 1439 N 16 Avenue, Yakima, Washington from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC) as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, River Pointe Landing, LLC being identified as the applicant herein WHEREAS, by application dated February 22, 2007, River Pointe Landing, LLC requested the rezone of Yakima County Assessor's Parcel No 's 181312- 31005, 31007, 34400, 34401, 34402, 34404, 34403, 34405,34406, 33001, 33002, 33003, 33005 and 181312- 22001, 22002, located in the vicinity of 1439 N 16 Avenue, Yakima, Washington (hereinafter "Subject Property "), from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC), and WHEREAS, on December 13, 2007 the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone, and WHEREAS, on December 31, 2007 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO RZ #13 -07 and EC #29 -07, (the "recommendation ") recommending that the Subject Property be rezoned from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC), and WHEREAS, at a closed- record public hearing held on February 5, 2008, the City Council considered the requested rezone, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons, and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of Yakima Municipal Code ( "YMC ") § 15.23 030(E) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein, and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, Now Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The property located in the vicinity of 1439 N 16 Avenue, Yakima, Washington (Yakima County Assessor's Parcel No 's 181312 - 31005, 31007, 34400, 34401, 34402, 34404, 34403, 34405,34406, 33001, 33002, 33003, 33005 and 181312- 22001, 22002), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Light Industrial (M -1) and Professional Business (B -1) to Large Convenience Center (LCC) II 1111 1111111 111 7613472 Page 2 of 33 05128/2008 02 11P CITY OF YAKIMA PLANNING ORO $74 00 Yakima Co, WA Section 2. The findings within the December 31, 2007 Hearing Examiner's Recommendation (UAZO RZ #13 -07, EC #29 -07) regarding this rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC § 15.23 030(F), and are incorporated herein by this reference as if fully set forth herein Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land use, and other similar maps maintained by the City of Yakima shall be amended or modified, subject to the conditions stated below, to reflect this rezone Section 4. The rezone granted by this ordinance is expressly conditioned on the Owner's satisfaction of the following conditions stated on page 26 of the Hearing Examiner's Recommendation 1) The plan of development shall be substantially in compliance with the submitted general site plan 2) Permits must be obtained from the City of Yakima for all grading, construction and signs. All signs are to be installed in compliance with the provisions of Chapter 15 08 of the zoning ordinance 3) All project permits required by the Yakima Regional Clean Air Authority shall be obtained. 4) All project permits required by the Washington State Department of Ecology shall be obtained. 5) Site screening shall be required in accordance with city standards. 6) All storm water associated with this development shall be maintained on site 7) All conditions of the final Mitigated Determination of Nonsignificance issued on November 19, 2007 shall be required 8) No building permit applications which would result in total development of the subject property in excess of 806,700 square feet shall be issued without additional environmental review which, at a minimum, shall include supplemental traffic review to ensure adequate capacity for traffic which may be generated by this expanded development. 9) If in the future there is a need to realign any of the 15 separate parcels comprising this site in order to comply with building setback requirements, the applicant will comply with applicable City procedures and requirements to do so Section 5 Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 6 The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor 72 11111111 III 1111 11 11 II HI 11111 Page 61347 3 of 3 0512812608 62 3 11P CITV OF YAKIMA PLANNING ORD $74 09 Yakima Co, WR Section 7 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 PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 19th day of February, 2008 David Edler, Mayor ATTEST City Clerk T • r AL : Publication Date 2/22/08 ; 9s 6I NGI C Effective Date 3/23/08 EXHIBIT "A" PARCEL 'A' THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING SOUTH OF THE STATE HIGHWAY, TO WIT THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH, RANGE 18 EAST, WM EXCEPT THE WEST 3 ACRES OF THAT PART OF SAID SUBDIVISION LYING SOUTH OF THE YAKIMA RIVER AS ACQUIRED BY YAKIMA COUNTY, WASHINGTON UNDER TAX DEED RECORDED SEPTEMBER 8, 1961, UNDER AUDITOR'S FILE NUMBER 1877761, AND EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 12, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, SUMMERSIDE ORCHARD TRACTS AS RECORDED IN VOLUME "A" OF PLATS, PAGE 28, RECORDS OF YAKIMA COUNTY, WASHINGTON, THENCE SOUTH 89° 56'50" WEST ALONG THE NORTH BOUNDARY THEREOF 258.20 FEET; THENCE NORTH PARALLEL WITH THE EAST BOUNDARY THEREOF 119 00 FEET; THENCE NORTH 89° 56'50" EAST 258.20 FEET; THENCE SOUTH 119 FEET TO THE POINT OF BEGINNING PARCEL 'B' THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH, RANGE 18 EAST WM, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION A DISTANCE OF 660 FEET; LL I .il. �i`,11 Ii 76i 72 Page 4 of 651281288 02 39 I1 P CIT OF YAKIMA PLANNING ORO $74 00 Yakima Co, WA THENCE WEST 30 FEET TO THE WEST LINE OF NORTH 6 TH AVENUE AND THE TRUE POINT OF BEGINNING, THENCE WEST A DISTANCE OF 635 FEET; THENCE SOUTH A DISTANCE OF 315 FEET; THENCE EAST A DISTANCE OF 635 FEET TO THE WEST LINE OF NORTH 6 TH AVENUE, THENCE NORTH ALONG THE WEST LINE OF NORTH 6 TH AVENUE A DISTANCE OF 315 FEET TO THE TRUE POINT OF BEGINNING ALSO KNOWN AS LOTS 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 AND 16 OF THE VACATED PLAT OF SUMMERSIDE ORCHARD TRACTS, RECORDED IN VOLUME "A" OF PLATS, PAGE 28, RECORDS OF YAKIMA COUNTY, WASHINGTON EXCEPT RIGHT -OF -WAY FOR NORTH 6 TH AVENUE ALONG THE EAST SIDE, AND EXCEPT THAT PORTION OF VACATED 30 00 FOOT ROAD RIGHT -OF -WAY ABUTTING THE SOUTH SIDE OF LOTS 9 AND 10 OF SAID SUMMERSIDE ORCHARD TRACTS, WHICH WOULD ACCRUE TO SAID LOTS BY REASON OF ORDER OF VACATION RECORDED FEBRUARY 13, 1976 IN VOLUME 982 OF OFFICIAL RECORDS UNDER AUDITOR'S FILE NUMBER 2411122, RECORDS OF YAKIMA COUNTY, WASHINGTON, AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST WM , THENCE SOUTH 0 0' EAST ALONG THE EAST LINE OF SAID SUBDIVISION 39 75 FEET, THENCE NORTH 90° 0' WEST 760 00 FEET; THENCE NORTH 0 EAST 43 99 FEET, THENCE SOUTH 89° 40' 50" 760 FEET EAST TO THE TRUE POINT OF BEGINNING. PARCEL C THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 13 NORTH, RANGE 18 EAST WM , DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION A DISTANCE OF 883 7 FEET, MORE OR LESS, TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO ISABEL R. WERT, BY DEED RECORDED SEPTEMBER 26, 1940 IN VOLUME 352 OF DEEDS, UNDER AUDITOR'S FILE NUMBER 916268, RECORDS OF YAKIMA COUNTY, WASHINGTON, THENCE NORTH 1 25' EAST TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12, THENCE EAST TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTH ALONG THE EAST LINE THEREOF TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING, EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE HIGHWAY SR -12 CONVEYED BY AUDITOR'S FILE NUMBER 2205573, RECORDS OF YAKIMA COUNTY, WASHINGTON .,IFi„ f; i,u," ,n;, a7ii f. 1' 1 11,i - -`j 111 1111 7613472 Page 5 of 33 0512812008 02 11P CITY OF YAKIMA PLANNING ORD $74 00 Yakima Co, WA PARCEL D LOTS 1, 3, AND 4 OF SHORT PLAT, RECORDED IN BOOK 80 OF SHORT PLATS, PAGE 68 AS RECORDED UNDER AUDITOR'S FILE NUMBER 2583131, RECORDS OF YAKIMA COUNTY, WASHINGTON. PARCEL E THE NORTH 227 00 FEET OF THE EAST 883 70 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST WM., EXCEPT THE EAST 33 00 FEET THEREOF PARCEL F BEGINNING AT A POINT TWO RODS WEST OF THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST WM , THENCE NORTH PARALLEL TO THE EAST LINE OF THE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 973 50 FEET, THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 223 73 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 973 50 FEET; THENCE WEST ON THE QUARTER LINE 223 73 FEET TO THE PLACE OF BEGINNING, EXCEPT RIGHT -OF -WAY FOR RIVER ROAD ON THE SOUTH LINE. PARCEL G BEGINNING AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST WM., THENCE SOUTH 00 00' WEST ALONG THE WEST LINE 49 80 FEET; THENCE NORTH 88° 41' EAST 445 60 FEET; THENCE NORTH 01° 25' EAST 244 00 FEET TO THE TRUE POINT OF BEGINNING (SAID POINT BEING 448 7 FEET MORE OR LESS EAST OF THE QUARTER SECTION LINE), THENCE CONTINUING NORTH 01 25' EAST 705 80 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SR -12 (SC LINE), THENCE SOUTHWESTERLY ALONG SAID RIGHT -OF -WAY LINE TO THE EASTERLY RIGHT -OF -WAY LINE OF THE SIXTEENTH AVENUE CONNECTION TO SAID SR -12 (S LINE), THENCE SOUTHERLY ALONG SAID RIGHT -OF -WAY LINE TO A POINT BEARING SOUTH 88° 41' WEST FROM THE TRUE POINT OF BEGINNING, THENCE NORTH 88° 41' EAST 324 41 FEET TO THE TRUE POINT OF BEGINNING ALL PARCELS SITUATE IN YAKIMA COUNTY, WASHINGTON. 7613472 Page 6 of 33 05128/2808 02 11P CITY OF YAKIMA PLRNNING ORO $74 00 Yakima Co, WA UNNAMED �� /, �� ��y!'/ / GORDON RD 12 % -.,, r. jo „ . ,00 t / / : �/>/�/ M A i A VA 406 % : Ter m S W a 2 z m W.O ST HAMBELTON BLVD Exhibit B Ordinance #2008 -05 --��- Rezone 15 Parcelskl``` M-1 (Light Industrial) & T° 1 inch equals 600 feet B -1 (Professional Business) to LCC (Large Convenience Center 111111111101111 II 7613472 Page 7 of 33 05128/2008 02 11P CITY OF YAKIMA PLANNING ORD $?4 00 Yakima Co, WA CEiVED U C 3 2007 YAKIMA i1�U DIV City of Yakima, Washington Hearing Examiner's Recommendation December 31, 2007 In the Matter of a Rezone Application ) Submitted by: ) ) UAZO RZ #13-07 Riverpointe Landing, LLC ) EC #29 -07 ) To Rezone Parcels Southeast of the ) Intersection of North 16 Avenue with ) US Highway 12 from the M -1 and the ) B -1 Zones to the LCC Zone together ) With Environmental Review ) Introduction. The Hearing Examiner conducted a public hearing on December 13, 2007, and this recommendation is issued withm 10 business days of the hearmg. The staff report presented by Planning Supervisor Bruce Benson recommended approval of this application for a project- related rezone of 78 6 acres to the Large Convenience Center zone for development of an 806,700 - square -foot regional shopping mall. Several people testified m favor of the GC N4i m a ti ? o' requested rezone No one testified m opposition to it. m six I...a Summary of Recommendation. The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the M -1 and the B -1 zoning districts to the LCC zoning distract. _ Basis for Recommendation. Based upon a view of the site without anyone else L� present on December 11, 2007, the information contained in the staff report, Riverpointe Landing, LLC 1 - r LA- Rezone from M -1 & B -1 to LCC ° SE of US 12 &N 16 Ave L RZ # 13 -07, EC #29 -07 INDEX # M-1 RECEIVED L)EC $ 1 2007 Cr! 1 CF A KtiJMA exhibits, testimony and other evidence presented at an open record public hear' "i ' Div on December 13, 2007, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zomng Ordmance, the Examiner makes the following FINDINGS I. Applicant. The applicant is WestTowne, LLC, now Riverpomte Landing, LLC, 1520 140 Ave NE, Suite 200, Bellevue, Washington. II. Location. The location of the requested rezone is east of North 16 Avenue, west of North 6 Avenue, south of US Highway 12 and north of River Road m the City of Yakima. The parcel numbers of the parcels currently zoned Light Industrial (M -1) are 181312- 22001, 31005, 31007, 33001, 33002, 34400, 34401, 34402, 34403, 34404, 34405 and 34406 The parcel numbers of the parcels currently zoned Professional Business (B -1) are 181312 - 22002, 33003 and 33005 cu. No m a III. Application. The main aspects of this application are as follows �� m a CU GO 1) Tlus is an application to rezone 12 parcels from Light Industrial (M -1) co s1x and three parcels from Professional Business (B -1) to Large Convenience Center .cv @ } (LCC) This is a project- related rezone request to allow the development of about s 78 6 acres as an 806,700 - square -foot shopping complex, variously referred to m the record as a regional shopping mall or a regional shopping center, to be named s Riverpomte Landing. = o 2) It is anticipated that the retail uses would consist of 392,200 square feet of big box retail, 239,450 square feet of junior anchor retail, 96,500 square feet of smaller retail and m -line restaurants, 21,250 square feet of free - standing, sit -down restaurants, and a 27,000 - square -foot winery In addition to the aforementioned retail and restaurant uses, a 30,300 - square -foot two -story hotel is planned. CC =- • Riverpotnte Landing, LLC 2 ° o Rezone from M -1 & B -1 to LCC SE of US 12 &N 16 Ave DO' RZ #13 -07, EC #29 -07 INDEX # AA -( RECEIVED DEC 1 2007 c,,, t OF v=: C'MA L t :I�vG DiV 3) Sidewalks and pathways within the site would provide linkages for pedestrian and bicycle traffic Onsite sidewalks would connect with the Yaluma Interurban Trolley lines, City of Yakima Transit, the Yakima Greenway Foundation Trail and the William 0 Douglas Trail IV. Notices. Notices were provided m the following manner Mailing of hearing notice September 4, 2007 Publishing of hearing notice September 4, 2007 Postmg of notice on property September 4, 2007 V. Traffic Concurrency. The Traffic Concurrency review for this project was completed on November 20, 2007 Based upon the information provided by the applicant, the City's Supervising Traffic Engineer concluded m a Transportation Concurrency Analysis dated November 20, 2007 that this development will not exceed the PM peak hour capacity of the City artenal street system and reserve capacity exists on all impacted streets. VI. State Environmental Policy Act. A preliminary Mitigated Determination of Nonsignificance (MDNS) was issued by the City of Yakima on October 25, 2007 After a 20 -day comment period, two additional mitigation measures relative cm o 417 3 N"GD � to archeological resources and a site plan were added at the end of the preliminary co MDNS, and a final Mitigated Determination of Nonsigmficance was issued on mr November 19, 2007 No appeal was filed during the SEPA appeal penod which expired on December 3, 2007 The following SEPA mitigation measures have been imposed by the final MDNS - A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and z landscaping is required to be submitted to, and approved by, the Yaluma Regional Clean Air Authority pnor to commencement of any phase of �� r- Riverpointe Landing, LLC 3 o Rezone from M -1 & B -1 to LCC } = SE of US 12 & N 16 Ave DO: RZ #13 -07, EC #29 -07 INDEX # AA_ RECEIVED DEC 3 2007 CITY 0 "AK MA PLA.r DIV construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be m place pnor to any clearing, grading or construction. These control measures must be able to prevent soil from being carved into surface water (mcludmg storm drams) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1 Frontage Improvements. Riverpomte Landing will construct half - street improvements along the development site frontage of North 16 Avenue, and North 6th Avenue Improvements will be based on the following road classifications and the related standard road section defined m City of Yakima Municipal code sections 12 06 020 and 12 06 030, o North 16 Avenue — "Pnnciple Artenal (Urban)" o North 6 Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road, a. Riverpomte Landing will construct an eastbound left -turn lane on River Road at the site entrance b Alignment of this intersection will be approved by the City of Yakima. 2 Traffic Control at main entrance on North 16 Avenue a. Riverpomte Landing will construct a fully signalized intersection RICE or a two -lane roundabout at the main entrance to the N ° .Sig development site on North 16 Avenue that mcludes the re- � N ti alignment of the main entrance to the Lake Aspen Office Park. a a b Southbound pnmary site entrance left turn lanes shall be designed ti� mr to allow for U- Turning traffic, as requested by WSDOT c A pedestrian refuge island may be required within the crosswalk -- - area at the main entrance between the northbound and southbound lanes, along with supplemental pedestnan crosswalk -^ o activation, as necessary 3 Impacts to US 12 Interchange a. Riverpomte Landing shall construct a single -lane roundabout at : � CD the interchange westbound ramp terminal, including acquisition costs of necessary nght -of -way; Plan design shall be reviewed t'® Y _ Q Riverpointe Landing, LLC 4 ° Rezone from M -1 & B -1 to LCC •— SE of US 12 & N 16 Ave C) C'' RZ #13-07, EC #29 -07 I N D ;, DEC 3y 7007 1- _ d D V and approved by the Washington State Department of Transportation. b The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane c Adequate queue length from the eastbound ramp to the main entrance must be provided m the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4 Impacts to City Intersections, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16 Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new traps through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16 Avenue and Fruitvale Boulevard. b The City of Yakima has identified the need to upgrade the intersection of North 34 Avenue / River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8 4 %) new tnps through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34 Avenue/River Road and Fruitvale Boulevard. M 5 Impacts to Greenway Path on US 12 Interchanje a a @ 3 ti C mo a. Riverpomte Landing shall install a lane delineator between the ! Greenway Path, located on the west side of the US 12 Bndge and Zg3g, �X the southbound travel lane, as determined by the Washington State Department of Transportation. m b Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation. Devices may include flashing ° warning lights or beacons, or similar measures c Riverpomte Landing shall remove the existing aluminum rail bamer and install a new protective rail barrier adjacent to the Q Q Riverpointe Landing, LLC 5 La- Rezone from M -1 & B -1 to LCC F I- SE of US 12 & N 16 Ave DOC _ RZ #13 -07, EC #29 -07 INDEX DEL 3 ; 2007 ct < A LtV bike path on the US 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6 Impacts to Wilham 0 Douglas Trail Project The City of Yakima is participating with the William 0 Douglas Trail Foundation, as evidenced m the project canted on the City 6 -Year Transportation Improvement Plan. The William 0 Douglas Trail includes the construction of a pedestrian trail along the west side of North 6 Avenue, adjacent to the development site Riverpointe Landing will either incorporate the trail design into the project site plan along the site penmeter and construct the portion of the trail fronting the project site, or contribute to the trail project m lieu of sidewalk construction along the project frontage of North 6 Avenue 7 Interior Roads to Accommodate Bicycle and Pedestrians Riverpomte Landing will provide a pathway up to 12 feet m width which shall accommodate pedestrians and a bicycle route to connect N 16 Avenue and N 6th Avenue D. Frontage improvements: Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12 The half - street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer The plans shall include the dedication of nght -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and dramage All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, pnor to the issuance of a "Certificate of Occupancy" and shall conform to the co ' standards of Title 12 01 — 12.08 YMC, and direction of the City of Yakuna's CU CC Engmeermg Division and City Traffic Engineer , ti m E. Public Water: co N ti A new water main shall be looped through the site similar to what is shown on co six the preliminary site plan provided by the applicant. Exact layout and sizing of this new mam will be determined during the final engmeenng design process A new 12 inch waterline will need to be extended m N 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense -- J � Q Riverpointe Landing, LLC 6 Rezone from M -1 & B -1 to LCC a SE of US 12 & N 16 Ave RZ #13 -07, EC #29 -07 L.ya ) 1NDL:,, DEC 3 200 PL; r„ ai C. DIV F. Light and Glare: The proponent shall construct the project m a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties Extenor building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spillmg off site G. Archaeological Resources: Pnor to commencement of any grading/ excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Histonc Preservation (DAHP,) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated m conjunction with the City, the DAHP and relevant Tribes that outlines appropnate procedures and the process for notification to these entities if any resources are discovered during the construction process Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. VII. Current Zoning and Land Uses. The three western parcels abutting North 16 Avenue are zoned Professional Business (B -1) The remamder of the parcels are zoned Light Industrial (M -1) The parcels are mostly undeveloped. The few residences located on the property are owned by the applicant. Adjacent m3 cj o ti .1- 27 m a parcels have the following zoning and land uses LCC, movie theater; M -1 & r OI RJ co LCC, undeveloped land, B -1, butcher shop, M -1, fruit storage and packing, LCC tiA! m} & B -1, medical offices, LCC & B -1, business offices, and M -1, a few scattered single - family homes, some of which are owned by the applicant. VIII. Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following cntena specified m Subsection 15 23 030(E) of the Urban Area Zoning Ordinance Riverpointe Landing, LLC 7 k Lat Rezone from M -1 & B -1 to LCC ° SE of US 12 & N 16 Ave � ® DC RZ #13 -07, EC #29 -07 INDOEX U t F� L. V L. 1 C... IDEL ;j 100 C;T`, r F 1) The testimony at the public hearing: The testimony at the public hearing was all in favor of the requested rezone It may be summanzed as follows a) Bruce Benson. Mr Benson, Planning Supervisor for the City of Yakima, summanzed his staff report which contains detailed information m support of the requested rezone that has been incorporated m large part into this recommendation for the consideration of the City Council. b) Jerry Miller: Mr Miller is a partner m the Riverpomte Landing project. He has been a resident of Yakima for 27 years and has operated his business, Columbia Basin Pizza Hut, out of Yakima since 1980 He was pleased to become a partner m this development when this property became available because of his belief that the north and west side of Yakima is m need of a substantial retail project. Since losing the downtown Yakima mall m 2001, the trek to Union Gap to do any form of shoppmg other than grocenes and assorted sundnes has become inconvenient for many Yakima residents Riverpointe Landing is a prime location to help rejuvenate regional retail sales m Yakima. Much new housmg has been built nearby m West Valley, Selah and Terrace Heights The market is better today than eight years ago when the last attempt was made to rezone this site The apphcant's marketing studies show that a huge leakage of retail sales to Union Gap has depnved the City of Yakima of much needed sales and real estate tax revenue Representatives of Riverpointe Landing and its development partner, Northward Real Estate Group, have been working with neighboring property owners, City staff, the Department of Transportation and other community groups and organizations to develop a viable plan that will be an asset to the community The applicant has secured an agreement with the Lake Aspen Office Park to N om 3 move its access north to share a new safer and more efficient access at the main N.. a ingress /egress point of Riverpomte Landing. Conversations with representatives `T for both the Greenway Foundation and the proposed William 0 Douglas trail �a m which is planned to be constructed adjacent to the Riverpomte site on the east have led the apphcant to voluntanly provide a pedestrian and bicycle pathway which will link the trail systems through this site Pedestrians and bicyclists will also be able to safely and efficiently access a new transit station for Yakima transit and a new spur and a trolley stop, both within the development, for the histonc Yakima ° Valley Trolley As part of the tourist drawing power of the center, a 35,000 - square -foot wine village is planned, as is a new suite -style hotel which will also provide a needed place to accommodate the visitors to this part of Yakima. Riverpomte Landing, LLC 8 } Rezone from M -1 & B -1 to LCC ° o SE of US 12 & N 16 Ave RZ #13-07, EC #29 -07 DO . s " INDEX RECE," DEC 3 200 CITY C; s The applicant is within a few weeks of being able to announce its first major anchor tenant. First Western Properties, a premier retail broker m the State of Washington, has been retained to lease the project. A substantial amount of tenant interest in the project has been generated and the applicant expects to draw many new tenants to the City that will be assets to the commuruty The project will be pedestrian- friendly with part of it designed as a small retail/restaurant village with up to ten restaurants ranging from a national coffee shop to local and chain restaurants Located at the Highway 12 intersection with North 16 Avenue, the site will be easy to access and will provide the much - needed spark to bang back regional opporturuties to the City It will provide a thoroughly integrated and easily negotiable place for people to shop, eat, lodge or be entertained m the City The extenor of the buildings will be designed to add high quality to the project. The project will also be environmentally sensitive, including the use of drought- tolerant landscaping. Riverpointe Landmg will be an example of the new direction m environmentally - friendly design. The City staff has provided excellent suggestions and direction for the project. c) Mike Blumen. Mr Blumen with Blumen Consulting Group has been representing the applicant on Riverpomte Landing through the rezone and SEPA process Mr Blumen expanded on several of the criteria for a rezone set forth m Section 15.23 030 of the zoning ordinance As to the second cntenon, the suitability of the property for uses permitted under the proposed zoning, the property has been recognized as suitable for regional commercial development as part of previous City planning efforts over the last 10 to 15 years. The 1997 Comprehensive Plan designated the property as Large Convenience Center The recently adopted Comprehensive Plan designates the property as Regional Commercial and identifies Large Convenience Center as � an appropnate implementing zone for the RC designation. The site includes 78 n� m a acres of contiguous property that is directly visible and accessible from a primary gt i ~ ti artenal, North 16 Avenue, and the freeway The site is surrounded by existing a; s� X light industrial and business uses which are compatible with Regional Commercial ~� m '3! uses Adjacent parcels are zoned LCC as well as M -1 and B -1 The site is buffered by the freeway on the north side The site is not located m proximity to an established residential neighborhood and would not impact any residential neighborhoods Adequate utilities, mfrastructure and public services are available o to support the development of the property This site is an ideal location for a regional commercial center m the City of Yakima. With regard to the fourth cntenon, compliance with the goals and policies of the Comprehensive Plan, the recently- adopted Comprehensive Plan designates the site for Regional Commercial use and identifies LCC as an implementing -� Q Riverpointe Landing, LLC 9 0 Rezone from M -1 & B -1 to LCC ; SE of US 12 & N 16 Ave RZ #13 -07, EC #29 -07 U' INDEX DE1 3 I ZOO? c21 PL; zone The proposal is consistent with Regional Commercial Comprehensive Plan policies For example, Policy 3 9 1 calls for the inclusion of a range of uses m a large -scale shopping center that can attract people from the surrounding communities This project envisions a diverse range of large and small -scale retail uses — restaurants, a hotel, a winery and other commercial uses and amenities that are intended to draw customers from a wide area both within the City and the larger community Policy 3 9 2 indicates that Regional Commercial uses are to be located along a freeway or at the intersection of a pnncipal arterial with a freeway, and that access should be provided a sufficient distance from a freeway interchange to muunuze traffic congestion. This project is located at the intersection of a principal artenal directly south of the freeway The primary site access on North 16 Avenue would be about 500 feet south of the freeway interchange, and there are other access points on both North 6 Avenue and River Road. Policy 3 9 7 calls for transit service and safe bus stop areas This project will accommodate transit service to and through the site, as well as an opportunity for a Yakima trolley line stop along the site frontage on North 6th Avenue and within the site itself. Trail enhancements are also contemplated as previously described. The project is consistent with these and other Comprehensive Plan policies With regard to the fifth cntenon, adequate public facilities, the City has determined that reserve capacity exists on all surrounding streets. Water and sewer service are both available to the site Stormwater facilities will be provided on -site by way of a detention/retention area. The stormwater will then infiltrate on -site after appropnate water quality treatment. Stormwater facilities will meet applicable City and Department of Ecology regulations, including erosion control and, if applicable, NPDES requirements for construction activity With regard to the sixth cntenon, compatibility of the proposed zoning with a o m 3 neighbonng land uses, the current LCC, M -1 and B -1 zoning of neighboring 1•••r•- m CI property is compatible with the requested rezone The requested rezone will be N compatible with neighbonng land uses which include light industrial, fruit storage �g m r and packing, commercial businesses, offices, retail, theater and a few limited _ residences Landscapmg which will meet or exceed City requirements will be provided along the site perimeter, as well as within parking areas and adjacent to buildings A pedestnanlbicycle trail will run through the site to connect North 6` and North 16 Avenues Sidewalks and pathways within the site will provide o linkages for pedestrians and bicyclists which will also be available to the Greenway trail and the proposed William 0 Douglas trail without otherwise affecting the existing trail system. The project will comply with all applicable Q Riverpointe Landing, LLC 10 _ ' Rezone from M -1 & B -1 to LCC ° SE of US 12 & N 16 Ave RZ #13 -07, EC #29 -07 DOS INDEX /LCFI \ DEC 3 200? CIT1 PLAiv1.. lighting, signage, setback and screemng requirements to further enhance compatibility with adjacent uses Relative to the seventh cntenon, a public need and change m circumstances since the current zoning was established, the property has been designated for large -scale commercial uses m the Comprehensive Plan for the past decade or more A rezone to LCC was previously approved which was never fully completed. Since 1997, the downtown mall has closed. Existing retail areas m the City are not generally conducive to providing regional shopping opportunities The population of the City and the demand for retail opportunities have grown substantially over the years The site is now out of productive use as an orchard and is essentially vacant. Sewer and road infrastructure improvements in the immediate area have enhanced the property's development capacity This rezone and proposed development would strengthen the City's position as a retail trade center, and would mcrease the City's tax base and investment m the community The applicant, which has recently changed its name to Riverpomte Landing, LLC, is proposing a development that would serve the public need for a regional shopping expenence with diverse opportunities There have been significant changes m circumstances since the current zoning classification for the site was adopted. d) Enc Johnston. Mr Johnston, a transportation engineer with Transportation Solutions, Inc , highlighted transportation aspects of the project. The project would add about 2,000 new PM peak hour tnps m addition to about 600 existing PM peak hour tips that would be drawn to the project. The applicant would contribute a total of about $200,000 to the intersection improvement projects already planned m the 6 -year TIP at the Fruitvale Boulevard/River Road/North 34` Avenue intersection and the Fruitvale Boulevard/North 16 c� @ _ 3 Avenue intersection. There would be half -street frontage improvements on the �� west side of the project on North 16 Avenue and the east side of the project on North 6th Avenue An east -west trail connection would be provided between the - Greenway trail and the proposed William 0 Douglas trail as an alternative rather than a replacement for the existing trail. Pedestrian improvements would include replacement of the railing and delineation between the pedestrian path and the traffic lane on the west side of the North 16` Avenue overpass Those improvements and a smgle -lane roundabout for the westbound off -ramp traffic ° north of the overpass would be coordmated with WSDOT The roundabout would facilitate the movement of the westbound off -ramp traffic Parking for trail users may be provided on the site The existing parking spaces near the Naches River - J north of the overpass will remam unless the space requirements of the roundabout or other factors to be determined by WSDOT dictate otherwise At the present ■IMMI Riverpomte Landing, LLC 11 r=te Rezone from M -1 & B -1 to LCC SE of US 12 & N 16` Ave RZ #13-07 EC #29 -07 D3) INDEX # A4-( RE( �° DEC 3 1 2007 CITY Or PLANNING.; DIV time, a traffic signal rather than a double -lane roundabout at the main entrance to the shopping center seems to be preferred, but a final decision has not been made The location of the main entrance has been coordinated with the Lake Aspen Office Park. An eastbound left turn lane will be constructed on River Road. A trail link along or through the site will be provided. e) Rod Kmpper: Mr Kmpper, pnncipal of KDF Architecture and president of Lake Aspen Office Park Association, expressed appreciation for the developer group's cooperation relative to the location of a new entrance onto North 16 Avenue m a way that benefits the Office Park. Unanimous approval required by a restrictive covenant has been given to the change m the entrance to the Office Park. Relative to improvements north of the North 16 Avenue overpass, Mr Kmpper has received extensive information thought to have ongmated from the Army Corps of Engineers relative to relocating the course of the Naches River further away from the freeway Mr Knipper's testimony was m addition to his wntten comment m the record mdicatmg that the main interest of the Office Park is the access from the Office Park to North 16 Avenue f) William Lynn. Mr Lynn, attorney with the law firm of Gordon, Thomas, Honeywell m Tacoma who represents the applicant, indicated that this appears to be a fairly straight - forward rezone, particularly since it has been approved once previously He discussed and submitted for the record a copy of the Washington Supreme Court decision of Save Our Rural Environment v Snohomish County, 99 Wn.2d 363, 662 P 2d 816 (1983) which holds that a rezone which is intended to implement a recent amendment to a comprehensive plan need not await a change m the land development patterns m the area. Since there was a 0.1 CC 2006 Comprehensive Plan change to Regional Commercial for this site which the Na) m Nt CEO requested rezone would directly implement, the case indicates that the applicant c need not establish the normal requirement of a change m circumstances m support c six of the rezone `� m } g) Al Brown. Mr Brown, Executive Director of the Yakima Greenway Foundation, indicated that early m the process there were discussions e about changing the existing Greenway path along the Naches River between North 6 Avenue and North 16 Avenue from its existing location to a location along the _ north edge of the site south of the freeway But because of the aesthetics and the o physical facility that is already along this beautiful portion of the Naches River, the Greenway Foundation opposed that m favor of maintaining the existing improvements The preference would be to have a separate route for pedestrians and bicyclists over the freeway, but the cost of that would be very high. At some point, the bndge over the freeway will have to be rebuilt. At that point, the Greenway Foundation will seek a better configuration for pedestrians and - Cl■IN =� r Riverpointe Landing, LLC 12 Rezone from M -1 & B -1 to LCC DOC SE of US 12 & N 16 Ave INDEX RZ #13 -07 EC #29 -07 rL isl_ DE ? 007 CITY C PLA:, bicyclists A controlled intersection at the North 16 Avenue entrance to the project would be better for pedestrians and bicyclists than a two -lane roundabout. In an ideal world, the parking lot north of the overpass would be removed for the health of the nver because it does create a porch -point that pushes the nver different directions, but that also may be cost prohibitive until some time m the future when that whole intersection is rebuilt or a future 100 -year flood event removes the parking area. Mr Brown's testimony was m addition to his wntten comments m the record by way of letters of July 30, 2007 and September 28, 2007 which opposed the initial idea to discontinue the Greenway pathway along the nver between North 6th and North 16 Avenues and which expressed concerns about the portion of the Greenway path on North 16 Avenue from the north to the south side of US 12 h) David Lawrence. Mr Lawrence, president of Holtzmger Fruit Company, did not testify at the hearing, but submitted letters of July 26, 2007 and October 30, 2007 expressing concerns about came, traffic, health hazards, stormwater and site design issues The testimony at the hearing indicated that the wntten comments were considered to the extent feasible m formulating the conditions of the SEPA Mitigated Determination of Nonsignificance 2) The suitability of the property for uses permitted under the proposed zoning: The property is well suited for a regional shopping center because of its size and location. It will be visible and accessible from US Highway 12 Transportation Concurrency Review indicated that there is sufficient capacity remaining m the City's arterial street system to handle the new traffic ye m resulting from the proposed development. co N ti Zt3 C \ 3) Recommendations from interested agencies and departments: Recommendations or comments from agencies or departments did not oppose the requested rezone Specific recommendations or comments from interested agencies and departments were as follows a) Agencies: Recommendations or comments submitted by agencies during the comment penod were considered in formulating the MDNS conditions Those comments are detailed m the letters m the record which ; -� may be summarized in chronological order as follows Riverpointe Landing, LLC 13 e o Rezone from M -1 & B -1 to LCC DOC SE of US 12 & N 16 Ave INDEX RZ #13-07 EC #29 -07 C!TY . .� FL i 6,1../ 1) Washington State Department of Transportation (WSDOT) letter dated October 1, 2007. WSDOT previously provided comments by way of e-mails regarding the project's Traffic Impact Analysis dated March 21, 2007 and concurred with the conclusion that a single -lane roundabout should be constructed by the developer to WSDOT standards at the interchange westbound ramp terminal. Since the traffic signal for the main entrance to the development on North 16 Avenue would only be 450 feet from the eastbound ramp terminal, the ability of southbound vehicles to make left turns into the development must be addressed. Southbound traffic should be allowed to make a U -turn at that entrance The existing number of lanes at the eastbound ramp should remain the same The applicant should be encouraged to include an alternate pedestrian/bicycle path across its property connecting to the existing trail at 6 Avenue i) Washington State Department of Ecology letter dated November 7, 2007 The water purveyor is responsible for ensunng that any proposed uses are within the limitations of its water nghts. iii) Washington State Department of Archeology & Historic Preservation letter dated November 8, 2007. It is recommended that a professional archaeological survey of the site be concluded pnor to ground disturbing activities It is recommended that the survey mclude subsurface testing for buned deposits, and that the survey be conducted m consultation with the concerned Tribe's cultural committees and staff regarding cultural resource issues iv) Washington State Department of Transportation (WSDOT) letter dated November 9, 2007. The preliminary MDNS is consistent with the WSDOT's previous comments and WSDOT agrees with a ° G5 3 ti - • mo it. WSDOT has received additional analysis for consideration from get' CO co ca T tic ransportation Solutions, Inc relative to mitigation measure 3 c WSDOT r ac X will continue to evaluate information provided as to the best way to achieve (D � m} adequate queue length from the eastbound ramp to the main entrance of the mall to eliminate blockage of the southbound traffic from entenng left turn lanes v) Yakima County Public Services Planning Division letter - dated November 9, 2007. Since the project is well within the City of Yakima and does not involve nearby County roads, the comments are provided as an agency with expertise, as a co- admuustrator of the regional Shoreline Master Program and as a party to the Upper Yakima Comprehensive Flood Hazard Management Plan. Any wetland issues south CA- of the freeway where a side channel of the Naches River once was located ® Y Riverpointe Landing, LLC 14 Rezone from M -1 & B -1 to LCC SE of US 12 & N 16 Ave DOC RZ #13 -07 EC #29 -07 INDEX /97-�s iECEI \f DEL ?oo? ,t r Lr should be addressed. The project layout should be designed to accommodate traffic from all directions easily Landscaping should be used to break up the large parking lot and reduce the solar gam on this amount of parking. Parking areas for patrons of the Greenway and William 0 Douglas trail systems should be planned now to avoid future conflicts A method of accommodating pedestrians who will cross the freeway from the Greenway path should be addressed. The trolley line may be able to provide transportation to the shopping center Relocation of the Greenway parking lot to the shopping center would help relieve the pinch -point m the Naches River which allows sediment to be deposited there so as to create a floodplain issue and would also provide matenal for construction of the roundabout. vi) Washington State Department of Community, Trade and Economic Development letter dated November 27, 2007. Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies b) Departments: Recommendations or comments from Departments that were expressed at the Development Services Team meeting held on July 25, 2007 regarding the requested rezone were as follows 0) City Engineer: All improvements, street and utility, shall meet all City of Yakima development standards which may include additional nght -of -way dedication and/or frontage improvements along 0.1 both 16 Avenue and 6 Avenue as well as the River Road tie -m location. cu m The 16 Avenue improvements shall extend to US 12 and the WSDOT c„) ti ti boundary Future application will need to address street and utility improvements with Civil Engmeenng detailed plans and specifications ii) Traffic Engineering. Several items need to be considered relative to this application. A) Coordination with WSDOT. WSDOT wanted the applicant to confirm the traffic analysis of the US 12 ramps did include pedestrian phasing and delay / penalty for pedestrians This is especially important m the analysis of the eastbound ramp A preliminary review of the roundabout proposed at the westbound ramp will likely be workable into the design year (pending the CE pedestrian data) A nght of way analysis will be necessary for the roundabout. These items are not required m the threshold Riverpomte Landing, LLC 15 Rezone from M -1 & B -1 to LCC SE of US 12 & N 16 Ave DOC RZ #I3 -07, EC #29 -07 INDEX 4 M -( -- C ECC_'tl ; '- DEL { r r_+ determination of a "complete application" for processing. Other more detailed comments will be subnutted after the formal review B) Development Phasing: The 1998 FEIS for the Riverside Mall reviewed the significant environmental impacts of a mixed retail/shopping center development of 970,000 square feet. However the Development Agreement approved by the City Council for the rezone application (Ordinance 99 -23) provided specific conditions of approval for the first 467,500 square feet and required a supplemental traffic study for any development which exceeded that first phase If this development seeks "ready to build" status for the buildings and uses shown on this site plan (806,700 square feet of floor area and 4,094 parking spaces), an implementation plan for phasmg of improvements (on and off -site) will need to be developed. C) Companson of 1998 & 2007 Proposed Projects - This chart provides a summary of the two applications 1998 FEIS 2007 Riverpointe Landing Proposal SCOPE OF PROJECT SCOPE OF PROJECT Rezone for 970,000 square Rezone for 806,700 square feet of feet of mixed retail and office retail, office and hotel - 76 acres development - 89 Acres 3,494 Total PM Peak Hour 2,659 Total PM Peak Hour vehicle vehicle tnp generation tip generation 1,900 parking stalls 4,094 parking stalls Nam (amended to 3,446) ten m Concept Site Plan No phasing has been proposed by co tO the applicant at this time (.0 a. `� Phased Review — final Project seeks "ready to build" status t`am} fi site plans required for buildings and uses shown on Checklist and Threshold detailed site plan Determination Development Agreement No phasing has been proposed by o provided specific conditions the applicant at this time of approval and authonzed the first phase of review up to 467,500 square feet cE Ck- Included theater driveway Separate from theater dnveway and access and access Y Riverpointe Landing, LLC 16 Rezone from M -1 & B -1 to LCC SE of US 12 &N 16` DOC RZ #13 -07, EC #29 -07 INDEX �' 4-14,1- ..r n0 E" Greenway path not impacted Greenway path not impacted — — pedestrian phases not pedestrian phases not studied in studied m signal operation ramp or signal operation CONDITIONS OF CONDITIONS OF APPROVAL APPROVAL - PH 1 Install signal at US 12 Roundabout proposal westbound ramp Install signal at Mall Entrance Still planned, different location Install left turn lane Still planned on 16th Ave to Mall Install southbound Still planned turn lane at entrance Install signal at River Installed by City Rd. & 16th Ave Widen River Rd. to 3 -lanes No reference to frontage (6th Ave to 16th Ave) improvements Install eastbound left turn No reference to frontage lane on River Rd at entrance improvements Improve 6th Ave from No reference to frontage Gordon Rd to River Rd improvements Improve 6th Ave from Not mentioned m TIA River Rd to Fruitvale Blvd. Provide alignment of Mall Still planned N om 3 entrance to Lake Aspen ■-3 m a Development � N ti Tamarack Sewer Completed by City c(0 Contribution (5220,000) ti m r CONDITIONS OF APPROVAL — PH 2 IIMMMW o Required Supplemental No phasing has been proposed by Traffic Study which may the applicant at this time result m additional mitigation Install second lane on US Not mentioned m TIA 12 WB ramp, widen bndge, add stop control for EB � o Riverpointe Landing, LLC 17 r Rezone from M -1 & B -1 to LCC SE of US 12 &N 16 Ave RZ # 13 -07 EC #29 -07 ` `) • 1 ^ M - Install northbound nght turn Still planned lane at 16th Ave & Mall Construct other mitigation Pro Rata Share Contribution to not identified in the FEIS projects on the City of Yakima 6 -Year Plan, to be determined CONCURRENCY CONCURRENCY Reservation of Capacity Concurrency Required for 20 -Years (Note These Traffic Engmeenng comments were prepared early in the City's review of this project. The Washington State Department of Transportation has subsequently reviewed the traffic study and consulted with the applicant, its traffic consultant and the City The conclusions reached are set forth m section "C" of the MDNS) in) Water & Irrigation. Details regarding water and irrigation are as follows A) The existing service is a looped 12 -inch waterline m North 6th Avenue There is an existing looped 12 -inch waterline m North 16th Avenue approximately 450 feet south of the site There is an existing dead -end 12 -inch waterline stubbed to the site near the southwest corner of the site There is an existmg looped 16 -mch waterlme m River Road. The site does not currently have any domestic water services The site is located m the Low Level Pressure Zone Static pressure is approxunately 66 — 76 psi. B) A new 12 -mch waterline will need to be looped N om 3 through the site similar to what is shown on the prelmnnary site p lan Ne m(-) provided by the applicant. The exact layout of the new waterline on co 2 � the site will be determined during the design review process, tig m} ti �ti depending on the required location of new fire hydrants and water services /water meters Based on a prelmunary fire flow requirement GD of 4,000 gpm and water system modeling data, a new 12 -mch , waterline will need to be extended south from the new on -site waterline (following the proposed access /dnveway) to River Road. o This, m addition to the waterline connections m North 6th Avenue and in addition to the 12 -inch waterline stub at the southwest corner of the site, will provide the site with adequate fire flows while not exceeding the maximum water system velocity of 9 fps A new 12- CC Riverpointe Landing, LLC 18 Rezone from M -1 & B -1 to LCC o SE of US 12 &N 16 Ave D� RZ #13 -07 EC #29 -07 INDEY r L.I - if] Lr- mch waterline will need to be extended m North 6th Avenue from , the existing 12 -inch waterline north approximately 250 feet to meet the new waterlme alignment shown on the prelmunary site plan. A 16 -foot public waterline easement is required for all public water facilities located on the site C) The nearest public fire hydrants are located south of the site m an easement on pnvate property behind the existing theater It should not be expected that these fire hydrants provide coverage to the proposed site All new fire hydrant, fire spnnkler system service and FDC locations will be determined by Codes and the Fire Department. Available fire flow from the looped 12 -inch waterline described above is 6,000 gpm. D) There is no City imgation. The site is within the Old Umon Ditch Co service area. It is strongly encouraged that the new development utilize the available imgation water for its site irrigation. Also, there are Old Umon Ditch Co irrigation pipes and facilities on the site that provide service to other areas of the system. The applicant will need to identify the location of the pipes and facilities and identify them on a site plan. 4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) The Comprehensive Plan: The proposed rezone to Large a o m3 ti(U Convenience Center is m compliance with the Comprehensive Plan m the ti following particulars m A! m} i) The proposed Large Convenience Center zone and uses are consistent with the new Yakima Urban Area Comprehensive Plan 2025 - "Regional Commercial" designation for the site adopted by the City and County m 2006 The Regional Commercial designation is located along existing highways or freeways and includes activities that require large sites and high visibility to serve the needs of the community and the entire = region. The Regional Commercial designation may include uses such as large -scale shopping centers, discount "club" stores, factory outlets, specialty stores, offices, recreation complexes, theaters, entertainment activities and travel accommodations that may attract people from other - r Riverpointe Landing, LLC 19 = } Rezone from M -1 & B -1 to LCC SE of US 12 &N 16 Ave RZ #13 -07 EC #29 -07 INDEX 7 A 1 communities and counties The typical size of a regional commercial development is 10 to 60 acres, and it typically serves a population of 100,000 to 200,000 people ii) The proposed Large Convenience Center zone and uses are also consistent with the following goals and policies adopted for the Regional Commercial land use designation. A) Goal 3 9 To provide areas along existing highways or freeways for commercial development and activities that require large sites and high visibility to serve the needs of the community and the entire region. B) Policy 3 9 1 Regional Commercial may include uses such as large -scale shopping centers, discount "club" stores, factory outlets, specialty stores, restaurants, offices, recreation complexes, theatres, entertainment activities, auto- plexes and travel accommodations that may attract people from other communities and counties C) Policy 3 9 2 Regional Commercial uses shall be located along a freeway or highway or at the intersection of a pnncipal arterial with a freeway or highway Access to the center shall be located a sufficient distance from any freeway interchange to muumize traffic congestion. If feasible, a frontage road along the freeway or highway would be encouraged. D) Policy 3 9 3 The typical size of a regional commercial development is 10 - 60 acres and serves a population of 100,000 — 200,000 people E) Policy 3 9 4 Regional Commercial may be allowed when water and sewer service, street improvements, traffic control Citi¢ N ° m devices, municipal services and other development - related N m o improvements are m place or other financial secunties have been N ti obtained. m s F) Policy 3 9 5 Provide for tounst commercial uses m clusters at highway interchanges or m areas with special tounst m attractions G) Policy 3 9 6 Require a development plan for regional commercial projects A master development plan is required if the proposed development exceeds 10 acres m size o H) Policy 3 9 7 Transit service and safe bus stop areas cp should be provided and placed on streets that would accommodate the transit route CE CE � Riverpointe Landing, LLC 20 Rezone from M -1 & B -1 to LCC o SE of US 12 &N 16 [;O` RZ #13 -07 EC 429 -07 INDEX Ora. v i I I) Policy 3 9 8 Adequate buffenng shall be provided between adjacent residential land uses, such as greenbelt, landscaped pathway, park -like buffer, and etc J) Policy 3 9 9 Motor vehicle access and circulation from the local access functional classification roads to the commercial site shall be restncted through residential areas and may be subject to additional mitigation measures to limit potential impacts K) Policy 3 9 10 A traffic impact assessment may be required. L) Policy 3 9 11 "Transitional Zomng" may also be considered placing higher density residential uses between single - family residential and commercial areas b) The Zoning Ordinance: The proposal is m compliance with the intent of the zoning ordinance m the following ways i) An updated zomng ordinance will soon be submitted for review and adoption which will include several new zomng classifications One of them which would be the appropriate zoning for the Regional Commercial Comprehensive Plan designation will be the Interstate Commercial (C -9) classification. Uses such as are proposed m this development would be permitted within this district. In the meantime, the Large Convenience Center zomng district is considered to be compatible with the Regional Commercial Comprehensive Plan designation. ii) The proposed shopping center complies with Subsection 15 03 030(9) of the Urban Area Zomng Ordinance which states that the (NI a m= purpose of the Large Convenience Center (LCC) zoning district is to l e " provide areas for commercial activities outside the central business district a that meet the retail shopping and service needs of the community and to �� m accommodate existmg clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. The zoning distract is intended for new large convenience centers such as this proposal which are larger than o ten acres m size and which will complement, and not have a significant ° detrimental impact on, existing commercial areas or surrounding land uses in) The proposed shopping center also complies with the intent and requirements of the zoning ordinance development standards for i ■ Riverpointe Landing, LLC 21 Rezone from M -1 & B -1 to LCC } SE of US 12 & N 16` Ave DOC RZ #13 -07 EC #29 -07 RECErVPD �+ _; f z.00 C 33 1 CITY Y 0 ,YIAp�eINu- PLANNIiIV the Large Convenience Center zoning distract in the following specific ways A) Parking. This proposed new regional shopping center has been reviewed for the construction of 806,700 gross square feet of new commercial building. Based upon the site plan provided, this proposal will be required to provide 2,075 new parkmg spaces and 3,446 new spaces are indicated. Some of the parking for restaurants will be shared with other uses The breakdown of this requirement is shown below Building Area Parking Ratio Parking Parking List (Sq Ft.) Per Code Required Provided Big Box 392,200 6 spaces /2,750 856 1,541 Jr Anchor 239,450 6 spaces /2,750 522 958 General Retail 96,500 6 spaces /2,750 211 386 Restaurant 21,250 1 space /75 283 213 Winery 27,000 6 spaces /2,750 59 108 Hotel (2 story) 30,300 1 2 per room 144 240 806,700 2,075 3,446 Totals sq ft. spaces spaces B) Required Landscaping of Parking Areas. Five per cent of the total parking area is required to be landscaped in accordance with the provisions of Section 15 06 090 of the UAZO The site plan submitted indicates that 170,000 square feet of m landscaping will be provided and this will satisfy the landscaping N am requirement. The final site plan for this project must indicate which � N � areas are to be landscaped and provide the calculations to venfy that the landscaping standard has been met. rya m } C) Lighting. Lightmg shall be provided to illuminate any off - street parking or loading spaces used at night. When provided, lighting shall be directed to reflect away from adjacent properties D) Site screening. In ascertaining which site screening standard applies, it is the adjoining land use and not zoning that determines the required site - screening standard. Due to the presence of residential property along the east side of North 6 Avenue, site screening standard "A" is required along the east boundary with North 6th Avenue Site screening standard "A" consists of a 10 -foot- ® _ Q _ r R verpointe Landing, LLC 22 ° Rezone from M -1 & B -1 to LCC � - SE of US 12 & N 16 Ave DO;- RZ #13-07, EC #29 -07 • N D EX f.; �l ` - r-- wide landscaped planting strip with trees at 20 -foot to 30 -foot centers, shrubs and ground cover Technically, site screening would only be required across the road from the residential properties, but the applicant proposes to landscape along the site's entire frontage on North 6 Avenue E) Setbacks. Building setbacks shown on the site plan comply with the standards set forth m the Urban Area Zoning Ordinance for the LCC zomng distnct. Should the existing parcel boundaries require alteration during development, these changes will be reviewed during the permitting process, and setbacks will be maintained m accordance with City standards F) Signs. The site plan does not show any of the signing proposed for this development. So long as the desired signage complies with the sign standards of Chapter 15 08 of the UAZO it can be permitted without further zomng review G) Lot coverage. The lot coverage standard within the LCC zoning district is 90 %. According to the site plan, lot coverage for this project will be approximately 86 42 %. H) Flood Plain and Critical Areas. This property is not indicated as being withm a floodplam or critical area as designated on the Flood Insurance Rate Maps (FIRM) of the Federal Emergency Management Admnustration (FEMA) and the cntical areas maps of the Yakima Urban Area Comprehensive Plan. 5) The adequacy of public facilities such as roads, sewer, water and N a m other required public services: The new River Road sewer line and the m � N improvements to River Road itself have significantly enhanced the development co 1� @} potential for this property The site is currently capable of being served by all �m necessary public facilities. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses: The evidence submitted at the hearing clearly indicated that the uses allowed m the proposed Large Convenience Center (LCC) zoning district and proposed for the site would be compatible with neighbonng as■ CC MN! rd � d - 2 } _ Riverpointe Landing, LLC 23 ° Rezone from M -1 & B -I to LCC SE of US 12 & N 16 Ave OQ' RZ #13 -07 EC #29 -07 jNDEX DEC 4 i Z007 cri V fi 1',. .itviA PLANNING D V land uses The site was previously zoned LCC and would now already be zoned LCC if the conditions precedent to the earlier rezone had been completed. 7) The public need for the proposed change: The evidence presented at the hearing indicated a need for the proposed rezone due in part to changed circumstances because the population of the City has increased significantly m recent years and is expected to increase m the future so as to significantly increase the demand for goods and services sold and provided at a regional shopping center Approval of this rezone application will promote the public need for increased investment m the local economy, an increased local tax base, increased local employment opportunities and additional shopping opportunities for residents of Yakima and surrounding communities and for visitors to the area. IX. Consistency of the Rezone with Development Regulations and with the Comprehensive Plan under the Four Criteria Required by Section 16.06.020(B) of the Yakima Municipal Code is determined as follows 1) The types of land uses permitted at the site by the City's Large Convenience Center (LCC) zoning district are consistent with the Comprehensive a o m3 �-- Plan's current Regional Commercial designation for the site gt `' 2) The density of residential development or the level of development (0 a,�x such as units per acre or other measures of density are not a factor weighing ^A! mr agamst this rezone request. The proposed new regional shopping center would comply with applicable LCC zoning ordinance provisions relating to the density of development. 3) The availability and adequacy of infrastructure and public facilities already exist or will be provided by the applicant as a condition of approval of the applicant's request for approval of this project rezone 4) The characteristics of the development would be consistent with the development standards of the zoning ordinance and with the Comprehensive Plan as discussed above � Y Q } ■ Riverpointe Landing, LLC 24 Rezone from M -1 & B -1 to LCC SE of US 12 &N 16 Ave DOC RZ #13-07, EC #29 -07 INDEX DEC CONCLUSIONS P LJ . 7 Based on the Findings set forth above, the Examiner reaches the following Conclusions 1 The Hearing Examiner has junsdiction under Subsections 15 23 030(C) and (E) of the UAZO to make a recommendation to the Yakima City Council regardmg this rezone application. 2 The public notice requirements for the SEPA review and the hearmg prescribed by Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. 3 This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all streets impacted by this development. 4 SEPA review resulted in issuance of a Mitigated Determination of Nonsigmficance on November 19, 2007 without an appeal bemg filed by December 3, 2007 5 The requested rezone, as conditioned, would satisfy the seven rezone cntena in Subsection 15 23 030(E) of the Urban Area Zoning Ordinance and the four consistency cntena m Subsection 16 06 020(B) of the Yakima Municipal f■N Code which are the applicable cntena to detenmme whether the requested rezone �"' ti ti should be approved. � of m} RECOMMENDATION The Hearing Exammer recommends to the Yakima City Council that this application to rezone the subject parcels from the Light Industrial (M -1) and the Professional Busmess (B -1) zonmg districts to the Large Convenience Center ■MIMM CC r a Riverpointe Landing, LLC 25 Rezone from M -1 & B -1 to LCC SE of US 12 &N 16 Ave RZ #13 -07, EC #29 -07 INDEX / C -k (LCC) zoning distract as descnbed in the documentation submitted for UAZO R Z #13 -07 and EC #29 -07 be APPROVED subject to the following conditions 1) The plan of development shall be substantially in compliance with the submitted general site plan 2) Permits must be obtained from the City of Yakima for all grading, construction and signs All signs are to be installed in compliance with the provisions of Chapter 15 08 of the zoning ordinance 3) All project permits required by the Yakima Regional Clean Air Authonty shall be obtained. 4) All project permits required by the Washington State Department of Ecology shall be obtained. 5) Site screening shall be required in accordance with city standards 6) All storm water associated with this development shall be maintained on site 7) All conditions of the final Mitigated Determination of Nonsigmficance issued on November 19, 2007 shall be required. 8) No building permit applications wluch would result m total development of the subject property m excess of 806,700 square feet shall be issued without additional environmental review which, at a muumum, shall include supplemental traffic review to ensure adequate capacity for traffic which may be generated by this expanded development. 9) If m the future there is a need to realign any of the 15 separate parcels a o m3 compnsing this site m order to comply with building setback requirements, the applicant will comply with applicable City procedures and requirements to do so tiamr m • DATED this 31 day of December, 2007 -- Lon . • ! Gary M. illier, Hearing Examiner ® s 2 f�a U Riverpointe Landing, LLC 26 Rezone from M -1 & B -1 to LCC SE of US 12 &N 16 Ave 10 RZ #13 -07 EC #29 -07 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /" 1 g For Meeting Of February 19, 2008 ITEM TITLE: Ordinance Adoption — River Pointe Landing Rezone SUBMITTED BY: William R. Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner 575 -6042 SUMMARY EXPLANATION: On February 5, 2008 the City Council voted to accept the Hearing Examiner's recommendation to approve a rezone of approximately 78.6 acres of property from M -1, Light Industrial and B -1, Professional Business to LCC, Large Convenience Center. You are now being requested to adopt the Ordinance approving this rezone. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: Manager STAFF RECOMMENDATION: Adopt Ordinance. BOARD RECOMMENDATION: Hearing Examiner recommended approval of this rezone on December 31, 2007. COUNCIL ACTION: RIVER POINTE LANDING / WESTOWNE CENTER REZONE #13 -07 EC #29 -07 EXHIBIT LIST City Council Public Hearing February 5, 2008 Applicant: Riverpointe Landing / Westowne Center File Number: Rezone #13 -07; EC #29 -07 Site Address: US Highway 12, North 6th Ave, 16th Ave and River Road Staff Contact: Bruce Benson, Supervising Planner; Kevin Futrell, Assistant Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST (Development Services Team) Comments CHAPTER E SEPA Review CHAPTER F Application CHAPTER G Public Comments CHAPTER H Notices RIVER POINTE LANDING / WESTOWNE CENTER REZONE #13 -07 EC #29 -07 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation EXHIBIT DOCUMENT DATE AA -1 Hearing Examiner's Recommendation 12/31/07 City of Yakima, Washington Hearing Examiner's Recommendation December 31, 2007 In the Matter of a Rezone Application Submitted by: Riverpointe Landing, LLC To Rezone Parcels Southeast of the Intersection of North 16`h Avenue with US Highway 12 from the M -1 and the B -1 Zones to the LCC Zone together With Environmental Review UtC 3 Y 2007 YAKIMA F dING Div, UAZ® RZ #13-07 EC #29 -07 Introduction. The Hearing Examiner conducted a public hearing on December 13, 2007, and this recommendation is issued within 10 business days of the hearing. The staff report presented by Planning Supervisor Bruce Benson recommended approval of this application for a project- related rezone of 78.6 acres to the Large Convenience Center zone for development of an 806,700 - square -foot regional shopping mall. Several people testified in favor of the requested rezone. No one testified in opposition to it. Summary of Recommendation. The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the M -1 and the B -1 zoning districts to the LCC zoning district. Basis for Recommendation. Based upon a view of the site without anyone else present on December 11, 2007; the information contained in the staff report, Riverpointe Landing, LLC 1 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`h Ave. a } r� RZ #13-07; EC #29 -07 1 N D X # M -1 RECEEVEE) L)E% 3 1 2007 CITY OF AKiNIA exhibits, testimony and other evidence presented at an open record public hear' �''� `� a on December 13, 2007; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: FINDINGS 1. Applicant. The applicant is WestTowne, LLC, now Riverpointe Landing, LLC, 1520 1401h Ave. NE, Suite 200, Bellevue, Washington. 11. Location. The location of the requested rezone is east of North 16`h Avenue, west of North 6th Avenue, south of US Highway 12 and north of River Road in the City of Yakima. The parcel numbers of the parcels currently zoned Light Industrial (M -1) are 181312- 22001, 31005, 31007, 33001, 33002, 34400, 34401, 34402, 34403, 34404, 34405 and 34406. The parcel numbers of the parcels currently zoned Professional Business (B -1) are 181312- 22002, 33003 and 33005. 1I1. Application. The main aspects of this application are as follows: 1) This is an application to rezone 12 parcels from Light Industrial (M -1) and three parcels from Professional Business (B -1) to Large Convenience Center (LCC). This is a project - related rezone request to allow the development of about 78.6 acres as an 806,700 - square -foot shopping complex, variously referred to in the record as a regional shopping mall or a regional shopping center, to be named Riverpointe Landing. 2) It is anticipated that the retail uses would consist of 392,200 square feet of big box retail; 239,450 square feet of junior anchor retail; 96,500 square feet of smaller retail and in -line restaurants; 21,250 square feet of free - standing, sit -down restaurants; and a 27,000 - square -foot winery. In addition to the aforementioned retail and restaurant uses, a 30,300 - square -foot two -story hotel is planned. Riverpointe Landing, LLC 2 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`' Ave. RZ 413 -07; EC 429 -07 DOG. INDEX # AA - i RECEIVED DEC 1 2007 C 'Y (Nr YA1"MA 1= _r.fvNING 1, 1V. 3) Sidewalks and pathways within the site would provide linkages for pedestrian and bicycle traffic. Onsite sidewalks would connect with the Yakima Interurban Trolley lines, City of Yakima Transit, the Yakima Greenway Foundation Trail and the William O. Douglas Trail. IV. Notices. Notices were provided in the following manner: Mailing of hearing notice: Publishing of hearing notice: Posting of notice on property: September 4, 2007 September 4, 2007 September 4, 2007 V. "Traffic Concurrency. The Traffic Concurrency review for this project was completed on November 20, 2007. Based upon the information provided by the applicant, the City's Supervising Traffic Engineer concluded in a Transportation Concurrency Analysis dated November 20, 2007 that this development will not exceed the PM peak hour capacity of the City arterial street system and reserve capacity exists on all impacted streets. VI. State Environmental Policy Act. A preliminary Mitigated Determination of Nonsignificance (MDNS) was issued by the City of Yakima on October 25, 2007. After a 20 -day comment period, two additional mitigation measures relative to archeological resources and a site plan were added at the end of the preliminary MDNS, and a final Mitigated Determination of Nonsignificance was issued on November 19, 2007. No appeal was filed during the SEPA appeal period which expired on December 3, 2007. The following SEPA mitigation measures have been imposed by the final MDNS: A. Air Quality / Dust Control: A plan for effective control of dust from landscaping is required to be submitted Regional Clean Air Authority prior to Riverpointe Landing, LLC 3 Rezone from M -1 & B -1 to LCC SE of US 12 & M 16'h Ave. RZ 413 -07; EC #29 -07 site preparation, construction and to, and approved by, the Yakima commencement of any phase of DO C. INDEX # AEI -1 RECEIVED DEC 3 1 2007 CITY t.: e- YAK!MiA PLl NINiNG DIV. construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half -street improvements along the development site frontage of North 16th Avenue, and North 6th Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; o North 16th Avenue — "Principle Arterial (Urban)" o North 6th Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16th Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two -lane roundabout at the main entrance to the development site on North 16th Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to US 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed Riverpointe Landing, LLC 4 Rezone from M -1 & B -1 to LC C SE of US 12 & N. 16'�' Ave. RZ 413-07; EC #29 -07 D-,,''". INDEX '1-+ R%9. �!Gk, t:6V!MU DEC ? 1 2007 M1A and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersections, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16th Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16th Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34th Avenue / River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34th Avenue/River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on US 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the US 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation. Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the Riverpointe Landing, LLC 5 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`t' Ave. N RZ #13 -07; EC #29 -07 INDEX . a — — -. o s-1- JEC: 3 1 2007 CIYl' C. FLhrtr..;�' 0 :V. bike path on the US 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6th Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6th Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16th Avenue and N. 6th Avenue. D. Frontage improvements: Unless otherwise stated the half- street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half - street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title 12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. Riverpointe Landing, LLC 6 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`" Ave. RZ #13 -07; EC #29 -07 DOC , INDEX LA - F;EC;EIVED DEC 3 1 Z007 PL It" k"NiiIG DIV. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading/ excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP,) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. Site Flan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. VII. Current Zoning and Land Uses. The three western parcels abutting North 16th Avenue are zoned Professional Business (B -1). The remainder of the parcels are zoned Light Industrial (M -1). The parcels are mostly undeveloped. The few residences located on the property are owned by the applicant. Adjacent parcels have the following zoning and land uses: LCC, movie theater; M -1 & LCC, undeveloped land; B -1, butcher shop; M -1, fruit storage and packing; LCC & B -1, medical offices; LCC & B -1, business offices; and M -1, a few scattered single - family homes, some of which are owned by the applicant. VIII. Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following criteria specified in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance: Riverpointe Landing, LLC 7 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`' Ave. RZ #13 -07; EC 429 -07 D`�"' INDEX Fi C:.%1 L;f V P.:. 1.1 DES. o -r 2oo- CiT1` (; 1) The testimony at the public heaving: The testimony at the public hearing was all in favor of the requested rezone. It may be summarized as follows: a) Bruce Benson: Mr. Benson, Planning Supervisor for the City of Yakima, summarized his staff report which contains detailed information in support of the requested rezone that has been incorporated in large part into this recommendation for the consideration of the City Council. b) Jerry Miller: Mr. Miller is a partner in the Riverpointe Landing project. He has been a resident of Yakima for 27 years and has operated his business, Columbia Basin Pizza Hut, out of Yakima since 1980. He was pleased to become a partner in this development when this property became available because of his belief that the north and west side of Yakima is in need of a substantial retail project. Since losing the downtown Yakima mall in 2001, the trek to Union Gap to do any form of shopping other than groceries and assorted sundries has become inconvenient for many Yakima residents. Riverpointe Landing is a prime location to help rejuvenate regional retail sales in Yakima. Much new housing has been built nearby in West Valley, Selah and Terrace Heights. The market is better today than eight years ago when the last attempt was made to rezone this site. The applicant's marketing studies show that a huge leakage of retail sales to Union Gap has deprived the City of Yakima of much needed sales and real estate tax revenue. Representatives of Riverpointe Landing and its development partner, Northward Real Estate Group, have been working with neighboring property owners, City staff, the Department of Transportation and other community groups and organizations to develop a viable plan that will be an asset to the community. The applicant has secured an agreement with the Lake Aspen Office Park to move its access north to share a new safer and more efficient access at the main ingress /egress point of Riverpointe Landing. Conversations with representatives for both the Greenway Foundation and the proposed William O. Douglas trail which is planned to be constructed adjacent to the Riverpointe site on the east have led the applicant to voluntarily provide a pedestrian and bicycle pathway which will link the trail systems through this site. Pedestrians and bicyclists will also be able to safely and efficiently access a new transit station for Yakima transit and a new spur and a trolley stop, both within the development, for the historic Yakima Valley Trolley. As part of the tourist drawing power of the center, a 35,000- square -foot wine village is planned, as is a new suite -style hotel which will also provide a needed place to accommodate the visitors to this part of Yakima. Riverpointe Landing, LLC 8 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16"' Ave. RZ 413 -07; EC #29 -07 DOC INDLX F. �+� i DEC 3 1 2007 CITY The applicant is within a few weeks of being able to announce its first major anchor tenant. First Western Properties, a premier retail broker in the State of Washington, has been retained to lease the project. A substantial amount of tenant interest in the project has been generated and the applicant expects to draw many new tenants to the City that will be assets to the community. The project will be pedestrian- friendly with part of it designed as a small retail/restaurant village with up to ten restaurants ranging from a national coffee shop to local and chain restaurants. Located at the Highway 12 intersection with North 16th Avenue, the site will be easy to access and will provide the much - needed spark to bring back regional opportunities to the City. It will provide a thoroughly integrated and easily negotiable place for people to shop, eat, lodge or be entertained in the City. The exterior of the buildings will be designed to add high quality to the project. The project will also be environmentally sensitive, including the use of drought- tolerant landscaping. Riverpointe Landing will be an example of the new direction in environmentally - friendly design. The City staff has provided excellent suggestions and direction for the project. c) Mike Blumen: Mr. Blumen with Blumen Consulting Group has been representing the applicant on Riverpointe Landing through the rezone and SEPA process. Mr. Blumen expanded on several of the criteria for a rezone set forth in Section 15.23.030 of the zoning ordinance. As to the second criterion, the suitability of the property for uses permitted under the proposed zoning, the property has been recognized as suitable for regional commercial development as part of previous City planning efforts over the last 10 to 15 years. The 1997 Comprehensive Plan designated the property as Large Convenience Center. The recently adopted Comprehensive Plan designates the property as Regional Commercial and identifies Large Convenience Center as an appropriate implementing zone for the RC designation. The site includes 78 acres of contiguous property that is directly visible and accessible from a primary arterial, North 16th Avenue, and the freeway. The site is surrounded by existing light industrial and business uses which are compatible with Regional Commercial uses. Adjacent parcels are zoned LCC as well as M -1 and B -1. The site is buffered by the freeway on the north side. The site is not located in proximity to an established residential neighborhood and would not impact any residential neighborhoods. Adequate utilities, infrastructure and public services are available to support the development of the property. This site is an ideal location for a regional commercial center in the City of Yakima. With regard to the fourth criterion, compliance with the goals and policies of the Comprehensive Plan, the recently- adopted Comprehensive Plan designates the site for Regional Commercial use and identifies LCC as an implementing Riverpointe Landing, LLC 9 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16th Ave. Dp RZ #13 -07; EC #29 -07 INDEX 11 3 ? 2007 zone. The proposal is consistent with Regional Commercial Comprehensive Plan policies. For example, Policy 3.9.1 calls for the inclusion of a range of uses in a large -scale shopping center that can attract people from the surrounding communities. This project envisions a diverse range of large and small -scale retail uses — restaurants, a hotel, a winery and other commercial uses and amenities that are intended to draw customers from a wide area both within the City and the larger community. Policy 3.9.2 indicates that Regional Commercial uses are to be located along a freeway or at the intersection of a principal arterial with a freeway, and that access should be provided a sufficient distance from a freeway interchange to minimize traffic congestion. This project is located at the intersection of a principal arterial directly south of the freeway. The primary site access on North 16th Avenue would be about 500 feet south of the freeway interchange, and there are other access points on both North 6th Avenue and River Road. Policy 3.9.7 calls for transit service and safe bus stop areas. This project will accommodate transit service to and through the site, as well as an opportunity for a Yakima trolley line stop along the site frontage. on North 6th Avenue and within the site itself. Trail enhancements are also contemplated as previously described. The project is consistent with these and other Comprehensive Plan policies. With regard to the fifth criterion, adequate public facilities, the City has determined that reserve capacity exists on all surrounding streets. Water and sewer service are both available to the site. Stormwater facilities will be provided on -site by way of a detention/retention area. The stormwater will then infiltrate on -site after appropriate water quality treatment. Stormwater facilities will meet applicable City and Department of Ecology regulations, including erosion control and, if applicable, NPDES requirements for construction activity. With regard to the sixth criterion, compatibility of the proposed zoning with neighboring land uses, the current LCC, M -1 and B -1 zoning of neighboring property is compatible with the requested rezone. The requested rezone will be compatible with neighboring land uses which include light industrial, fruit storage and packing, commercial businesses, offices, retail, theater and a few limited residences. Landscaping which will meet or exceed City requirements will be provided along the site perimeter, as well as within parking areas and adjacent to buildings. A pedestrian/bicycle trail will run through the site to connect North 6th and North 16th Avenues. Sidewalks and pathways within the site will provide linkages for pedestrians and bicyclists which will also be available to the Greenway trail and the proposed William O. Douglas trail without otherwise affecting the existing trail system. The project will comply with all applicable Riverpointe Landing, LLC 10 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`h Ave. RZ #13 -07; EC #29 -07 DM INDEX HECEI DEC 3 1 2007 CITE �..r lighting, signage, setback and screening requirements to further enhance compatibility with adjacent uses. Relative to the seventh criterion, a public need and change in circumstances since the current zoning was established, the property has been designated for large -scale commercial uses in the Comprehensive Plan for the past decade or more. A rezone to LCC was previously approved which was never fully completed. Since 1997, the downtown mall has closed. Existing retail areas in the City are not generally conducive to providing regional shopping opportunities. The population of the City and the demand for retail opportunities have grown substantially over the years. The site is now out of productive use as an orchard and is essentially vacant. Sewer and road infrastructure improvements in the immediate area have enhanced the property's development capacity. This rezone and proposed development would strengthen the City's position as a retail trade center, and would increase the City's tax base and investment in the community. The applicant, which has recently changed its name to Riverpointe Landing, LLC, is proposing a development that would serve the public need for a regional shopping experience with diverse opportunities. There have been significant changes in circumstances since the current zoning classification for the site was adopted. d) Eric Johnston: Mr. Johnston, a transportation engineer with Transportation Solutions, Inc., highlighted transportation aspects of the project. The project would add about 2,000 new PM peak hour trips in addition to about 600 existing PM peak hour trips that would be drawn to the project. The applicant would contribute a total of about $200,000 to the intersection improvement projects already planned in the 6 -year TIP at the Fruitvale Boulevard/River Road/North 34th Avenue intersection and the Fruitvale Boulevard/North 16th Avenue intersection. There would be half -street frontage improvements on the west side of the project on North 16th Avenue and the east side of the project on North 6th Avenue. An east -west trail connection would be provided between the Crreenway trail and the proposed William O. Douglas trail as an alternative rather than a replacement for the existing trail. Pedestrian improvements would include replacement of the railing and delineation between the pedestrian path and the traffic lane on the west side of the North 16th Avenue overpass. Those improvements and a single -lane roundabout for the westbound off -ramp traffic north of the overpass would be coordinated with WSDOT. The roundabout would facilitate the movement of the westbound off -ramp traffic. Parking for trail users may be provided on the site. The existing parking spaces near the Naches River north of the overpass will remain unless the space requirements of the roundabout or other factors to be determined by WSDOT dictate otherwise. At the present Riverpointe Landing, LLC 11 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`x' Ave. RZ #13 -07: EC 429 -07 Dot;` INDEX i� M pEr-F. DEC 3 1 2007 CITY G� `Y'a`iiivi;e PLANNING DIV. time, a traffic signal rather than a double -lane roundabout at the main entrance to the shopping center seems to be preferred, but a final decision has not been made. The location of the main entrance has been coordinated with the Lake Aspen Office Park. An eastbound left turn lane will be constructed on River Road. A trail link along or through the site will be provided. e) Rod Knipper: Mr. Knipper, principal of KDF Architecture and president of Lake Aspen Office Park Association, expressed appreciation for the developer group's cooperation relative to the location of a new entrance onto North 16th Avenue in a way that benefits the Office Park. Unanimous approval required by a restrictive covenant has been given to the change in the entrance to the Office Park. Relative to improvements north of the North 16th Avenue overpass, Mr. Knipper has received extensive information thought to have originated from the Army Corps of Engineers relative to relocating the course of the Naches River further away from the freeway. Mr. Knipper's testimony was in addition to his written comment in the record indicating that the main interest of the Office Park is the access from the Office Park to North 16th Avenue. f) William L, non: Mr. Lynn, attorney with the law firm of Gordon, Thomas, Honeywell in Tacoma who represents the applicant, indicated that this appears to be a fairly straight - forward rezone, particularly since it has been approved once previously. He discussed and submitted for the record a copy of the Washington Supreme Court decision of Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 662 P.2d 816 (1983) which holds that a rezone which is intended to implement a recent amendment to a comprehensive plan need not await a change in the land development patterns in the area. Since there was a 2006 Comprehensive Plan change to Regional Commercial for this site which the requested rezone would directly implement, the case indicates that the applicant need not establish the normal requirement of a change in circumstances in support of the rezone. g) Al Brown: Mr. Brown, Executive Director of the Yakima Greenway Foundation, indicated that early in the process there were discussions about changing the existing Greenway path along the Naches River between North 6th Avenue and North 16th Avenue from its existing location to a location along the north edge of the site south of the freeway. But because of the aesthetics and the physical facility that is already along this beautiful portion of the Naches River, the Greenway Foundation opposed that in favor of maintaining the existing improvements. The preference would be to have a separate route for pedestrians and bicyclists over the freeway, but the cost of that would be very high. At some point, the bridge over the freeway will have to be rebuilt. At that point, the Greenway Foundation will seek a better configuration for pedestrians and Riverpointe Landing, LLC 12 Rezone from M -1 & B -1 to LCC DM SE of US 12 & N. 16'' Ave. INDEX RZ 413-07; EC #29 -07 rLrC_e4:�i'%' F" DEC 3 1- 26,07 CITY C a bicyclists. A controlled intersection at the North 16th Avenue entrance to the project would be better for pedestrians and bicyclists than a two -lane roundabout. In an ideal world, the parking lot north of the overpass would be removed for the health of the river because it does create a pinch -point that pushes the river different directions, but that also may be cost prohibitive until some time in the future when that whole intersection is rebuilt or a future 100 -year flood event removes the parking area. Mr. Brown's testimony was in addition to his written comments in the record by way of letters of July 30, 2007 and September 28, 2007 which opposed the initial idea to discontinue the Greenway pathway along the river between North 6th and North 16th Avenues and which expressed concerns about the portion of the Greenway path on North 16th Avenue from the north to the south side of US 12. h) David Lawrence: Mr. Lawrence, president of Holtzinger Fruit Company, did not testify at the hearing, but submitted letters of July 26, 2007 and October 30, 2007 expressing concerns about crime, traffic, health hazards, stormwater and site design issues. The testimony at the hearing indicated that the written comments were considered to the extent feasible in formulating the conditions of the SEPA Mitigated Determination of Nonsignificance. 2) The suitability of the property for uses permitted under the proposed zoning: The property is well suited for a regional shopping center because of its size and location. It will be visible and accessible from US Highway 12. Transportation Concurrency Review indicated that there is sufficient capacity remaining in the City's arterial street system to handle the new traffic resulting from the proposed development. 3) Recommendations from interested agencies and departments: Recommendations or comments from agencies or departments did not oppose the requested rezone. Specific recommendations or comments from interested agencies and departments were as follows: a) agencies: Recommendations or comments submitted by agencies during the comment period were considered in formulating the MDNS conditions. Those comments are detailed in the letters in the record which may be summarized in chronological order as follows: Riverpointe Landing, LLC 13 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`t' Ave. RZ 413-07; EC #29 -07 DOC, INDEX 1L G V /..Lj I CITY C ;..: //:� i) Washington State Department of Transportation ( WSDOT) letter dated October 1, 2007: WSDOT previously provided comments by way of a -mails regarding the project's Traffic Impact Analysis dated March 21, 2007 and concurred with the conclusion that a single -lane roundabout should be constructed by the developer to WSDOT standards at the interchange westbound ramp terminal. Since the traffic signal for the main entrance to the development on North 16th Avenue would only be 450 feet from the eastbound ramp terminal, the ability of southbound vehicles to make left turns into the development must be addressed. Southbound traffic should be allowed to make a U -turn at that entrance. The existing number of lanes at the eastbound ramp should remain the same. The applicant should be encouraged to include an alternate pedestrian/bicycle path across its property connecting to the existing trail at 6th Avenue. ii) Washington State Department of Ecology letter dated November 7, 2007: The water purveyor is responsible for ensuring that any proposed uses are within the limitations of its water rights. iii) Washington State Department of Archeology & Historic Preservation letter dated November 8, 2007: It is recommended that a professional archaeological survey of the site be concluded prior to ground disturbing activities. It is recommended that the survey include subsurface testing for buried deposits, and that the survey be conducted in consultation with the concerned Tribe's cultural committees and staff regarding cultural resource issues. iv) Washington State Department of Transportation ( WSDOT) letter dated November 9, 2007: The preliminary MDNS is consistent with the WSDOT's previous comments and WSDOT agrees with it. WSDOT has received additional analysis for consideration from Transportation Solutions, Inc. relative to mitigation measure 3.c. WSDOT will continue to evaluate information provided as to the best way to achieve adequate queue length from the eastbound ramp to the main entrance of the mall to eliminate blockage of the southbound traffic from entering left turn lanes. v) Yakima County Public Services Planning Division letter dated November 9, 2007: Since the project is well within the City of Yakima and does not involve nearby County roads, the comments are provided as an agency with expertise, as a co- administrator of the regional Shoreline Master Program and as a party to the Upper Yakima Comprehensive Flood Hazard Management Plan. Any wetland issues south of the freeway where a side channel of the Naches River once was located Riverpointe Landing, LLC 14 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`h Ave. RZ 413 -07; EC 429 -07 DOC. INDEX # AA, r-E I'V �` � r -) CITE. should be addressed. The project layout should be designed to accommodate traffic from all directions easily. Landscaping should be used to break up the large parking lot and reduce the solar gain on this amount of parking. Parking areas for patrons of the Greenway and William O. Douglas trail systems should be planned now to avoid future conflicts. A method of accommodating pedestrians who will cross the freeway from the Greenway path should be addressed. The trolley line may be able to provide transportation to the shopping center. Relocation of the Greenway parking lot to the shopping center would help relieve the pinch -point in the Naches River which allows sediment to be deposited there so as to create a floodplain issue and would also provide material for construction of the roundabout. vi) Washington State Department of Community, Trade and Economic Development letter dated November 27, 2007: Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies. b) Departments: Recommendations or comments from Departments that were expressed at the Development Services Team meeting held on July 25, 2007 regarding the requested rezone were as follows: i) City Engineer: All improvements, street and utility, shall meet all City of Yakima development standards which may include additional right -of -way dedication and/or frontage improvements along both 16th Avenue and 6th Avenue as well as the River Road tie -in location. The 16th Avenue improvements shall extend to US 12 and the WSDOT boundary. Future application will need to address street and utility improvements with Civil Engineering detailed plans and specifications. ii) Traffic Engineering_ Several items need to be considered relative to this application: A) Coordination with WSDOT: WSDOT wanted the applicant to confirm the traffic analysis of the US 12 ramps did include pedestrian phasing and delay / penalty for pedestrians. This is especially important in the analysis of the eastbound ramp. A preliminary review of the roundabout proposed at the westbound ramp will likely be workable into the design year (pending the pedestrian data). A right of way analysis will be necessary for the roundabout. These items are not required in the threshold Riverpointe Landing, LLC 15 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`t' Ave. RZ 413-07; EC #29 -07 DOC. INDEX. DES : %C °% determination of a "complete application" for processing. Other more detailed comments will be submitted after the formal review. B) Development Phasing_ The 1998 FEIS for the Riverside Mall reviewed the significant environmental impacts of a mixed retail/shopping center development of 970,000 square feet. However the Development Agreement approved by the City Council for the rezone application (Ordinance 99 -23) provided specific conditions of approval for the first 467,500 square feet and required a supplemental traffic study for any development which exceeded that first phase. If this development seeks "ready to build" status for the buildings and uses shown on this site plan (806,700 square feet of floor area and 4,094 parking spaces), an implementation plan for phasing of improvements (on and off -site) will need to be developed. C) Comparison of 1998 & 2007 Proposed Projects - This chart provides a summary of the two applications. 1998 FE1S 2007 River ointe Landing Proposal SCOPE OF PROJECT SCOPE OF PROJECT Rezone for 970,000 square Rezone for 806,700 square feet of feet of mixed retail and office retail, office and hotel - 76 acres development - 89 Acres 3,494 Total PM Peak Hour 2,659 Total PM Peak Hour vehicle vehicle trip generation trip generation 1,900 parking stalls 4,094 parking stalls amended to 3,446) Concept Site Plan No phasing has been proposed by the applicant at this time Phased Review — final Project seeks "ready to build" status site plans required for buildings and uses shown on Checklist and Threshold detailed site plan Determination Development Agreement No phasing has been proposed by provided specific conditions the applicant at this time of approval and authorized the first phase of review up to 467,500 square feet Included theater driveway Separate from theater driveway and access and access Riverpointe Landing, LLC 16 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16"' Ave. RZ 413 -07; EC #29 -07 DOC. INDEX # A �� Greenway path not impacted Greenway path not impacted - - pedestrian phases not pedestrian phases not studied in studied in signal operation ramp or signal operation CONDITIONS OF CONDITIONS OF APPROVAL APPROVAL - PH 1 Install signal at US 12 Roundabout proposal westbound ram Install signal at Mall Entrance Still planned, different location Install left turn lane Still planned on 16th Ave to Mall Install southbound Still planned turn lane at entrance Install signal at River Installed by City Rd. & 16th Ave. Widen River Rd. to 3 -lanes No reference to frontage 6th Ave to 16th Ave improvements Install eastbound left turn No reference to frontage lane on River Rd at entrance improvements Improve 6th Ave. from No reference to frontage Gordon Rd to River Rd improvements Improve 6th Ave from Not mentioned in TIA River Rd to Fruitvale Blvd. Provide alignment of Mall Still planned entrance to Lake Aspen Development Tamarack Sewer Completed by City Contribution $220,000 CONDITIONS OF APPROVAL — PH 2 Required Supplemental No phasing has been proposed by Traffic Study which may the applicant at this time result in additional mitigation Install second lane on US Not mentioned in TIA 12 WB ramp, widen bridge, add stop control for EB Riverpointe Landing, LLC 17 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`h Ave. RZ 413-07; EC #29 -07 DOC INDEX L.. �� m` CI ' 0 F_ F`:1". i Install northbound right turn lane at 16th Ave & Mall Still planned Construct other mitigation Pro Rata Share Contribution to not identified in the FEIS projects on the City of Yakima 6 -Year Plan, to be determined CONCURRENCY CONCURRENCY Reservation of Capacity Concurrency Required for 20 -Years (Note: These Traffic Engineering comments were prepared early in the City's review of this project. The Washington State Department of Transportation has subsequently reviewed the traffic study and consulted with the applicant, its traffic consultant and the City. The conclusions reached are set forth in section "C" of the MDNS). iii) Water & Irrigation: Details regarding water and irrigation are as follows: A) The existing service is a looped 12 -inch waterline in North 6th Avenue. There is an existing looped 12 -inch waterline in North 16th Avenue approximately 450 feet south of the site. There is an existing dead -end 12 -inch waterline stubbed to the site near the southwest corner of the site. There is an existing looped 16 -inch waterline in River Road. The site does not currently have any domestic water services. The site is located in the Low Level Pressure Zone. Static pressure is approximately 66 — 76 psi. B) A new 12 -inch waterline will need to be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. The exact layout of the new waterline on the site will be determined during the design review process, depending on the required location of new fire hydrants and water services /water meters. Based on a preliminary fire flow requirement of 4,000 gpm and water system modeling data, a new 12 -inch waterline will need to be extended south from the new on -site waterline (following the proposed access /driveway) to River Road. This, in addition to the waterline connections in North 6th Avenue and in addition to the 12 -inch waterline stub at the southwest comer of the site, will provide the site with adequate fire flows while not exceeding the maximum water system velocity of 9 fps. A new 12- Riverpointe Landing, LLC 18 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16t' Ave. RZ #13-07, EC #29 -07 DDS:-, INDEX, # ALt iE inch waterline will need to be extended in North 6th Avenue ffom the existing 12 -inch waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. A 16 -foot public waterline easement is required for all public water facilities located on the site. C) The nearest public fire hydrants are located south of the site in an easement on private property behind the existing theater. It should not be expected that these fire hydrants provide coverage to the proposed site. All new fire hydrant, fire sprinkler system service and FDC locations will be determined by Codes and the Fire Department. Available fire flow from the looped 12 -inch waterline described above is 6,000 gpm. D) There is no City irrigation. The site is within the Old Union Ditch Co. service area. It is strongly encouraged that the new development utilize the available irrigation water for its site irrigation. Also, there are Old Union Ditch Co. irrigation pipes and facilities on the site that provide service to other areas of the system. The applicant will need to identify the location of the pipes and facilities and identify them on a site plan. 4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) The Comprehensive Plan: The proposed rezone to Large Convenience Center is in compliance with the Comprehensive Plan in the following particulars: i) The proposed Large Convenience Center zone and uses are consistent with the new Yakima Urban Area Comprehensive Plan 2025 "Regional Commercial" designation for the site adopted by the City and County in 2006. The Regional Commercial designation is located along existing highways or freeways and includes activities that require large sites and high visibility to serve the needs of the community and the entire region. The Regional Commercial designation may include uses such as large -scale shopping centers, discount "club" stores, factory outlets, specialty stores, offices, recreation complexes, theaters, entertainment activities and travel accommodations that may attract people from other Riverpointe Landing, LLC 19 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16'' Ave. DOC RZ #13 -07; EC #29 -07 INDEX AA -I i3 C, T- L1,:" communities and counties. The typical size of a regional commercial development is 10 to 60 acres, and it typically serves a population of 100,000 to 200,000 people. ii) The proposed Large Convenience Center zone and uses are also consistent with the following goals and policies adopted for the Regional Commercial land use designation: A) Goal 3.9: To provide areas along existing highways or freeways for commercial development and activities that require large sites and high visibility to serve the needs of the community and the entire region. B) Policy 3.9.1: Regional Commercial may include uses such as large -scale shopping centers, discount "club" stores, factory outlets, specialty stores, restaurants, offices, recreation complexes, theatres, entertainment activities, auto - plexes and travel accommodations that may attract people from other communities and counties. C) Policy 3.9.2: Regional Commercial uses shall be located along a freeway or highway or at the intersection of a principal arterial with a freeway or highway. Access to the center shall be located a sufficient distance from any freeway interchange to minimize traffic congestion. If feasible, a frontage road along the freeway or highway would be encouraged. D) Policy 3.9.3: The typical size of a regional commercial development is 10 - 60 acres and serves a population of 100,000 — 200,000 people. E) Policy 3.9.4: Regional Commercial may be allowed when water and sewer service, street improvements, traffic control devices, municipal services and other development- related improvements are in place or other financial securities have been obtained. F) Policy 3.9.5: Provide for tourist commercial uses in clusters at highway interchanges or in areas with special tourist attractions. G) Policy 3.9.6: Require a development plan for regional commercial projects. A master development plan is required if the proposed development exceeds 10 acres in size. H) Policy 3.9.7: Transit service and safe bus stop areas should be provided and placed on streets that would accommodate the transit route. Riverpointe Landing, LLC 20 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16"' Ave. DOC, RZ #13 -07; EC #29 -07 INDEX x=' J L , I) Policy 3.9.8: Adequate buffering shall be provided between adjacent residential land uses, such as greenbelt, landscaped pathway, park -like buffer, and etc. J) Policy 3.9.9: Motor vehicle access and circulation from the local access functional classification roads to the commercial site shall be restricted through residential areas and may be subject to additional mitigation measures to limit potential impacts. K) Policy 3.9.10: A traffic impact assessment may be required. L) Policy 3.9.11: "Transitional Zoning" may also be considered placing higher density residential uses between single - family residential and commercial areas. b) The Zoning Ordinance: The proposal is in compliance with the intent of the zoning ordinance in the following ways: i) An updated zoning ordinance will soon be submitted for review and adoption which will include several new zoning classifications. One of them which would be the appropriate zoning for the Regional Commercial Comprehensive Plan designation will be the Interstate Commercial (C -9) classification. Uses such as are proposed in this development would be permitted within this district. In the meantime, the Large Convenience Center zoning district is considered to be compatible with the Regional Commercial Comprehensive Plan designation. ii) The proposed shopping center complies with Subsection 15.03.030(9) of the Urban Area Zoning Ordinance which states that the purpose of the Large Convenience Center (LCC) zoning district is to provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community and to accommodate existing clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. The zoning district is intended for new large convenience centers such as this proposal which are larger than ten acres in size and which will complement, and not have a significant detrimental impact on, existing commercial areas or surrounding land uses. iii) The proposed shopping center also complies with the intent and requirements of the zoning ordinance development standards for Riverpointe Landing, LLC 21 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16`h Ave. RZ 413 -07; EC 429 -07 DOC, INDEX CEWED CITY Orr YA'eli s PLANNING DIV. the Large Convenience Center zoning district in the following specific ways: A) Parking: This proposed new regional shopping center has been reviewed for the construction of 806,700 gross square feet of new commercial building. Based upon the site plan provided, this proposal will be required to provide 2,075 new parking spaces and 3,446 new spaces are indicated. Some of the parking for restaurants will be shared with other uses. The breakdown of this requirement is shown below: Building List Area (S q. Ft.) Parking Ratio Per Code Parking Required Parking Provided Big Box 392,200 6 spaces/2,750 856 1,541 Jr. Anchor 239,450 6 spaces/2,750 522 958 General Retail 96,500 6 spaces/2,750 211 386 Restaurant 21,250 1 space/75 283 213 Winery 27,000 6 spaces/2,750 59 108 Hotel 2 story) 30,300 1.2 per room 144 240 Totals 806,700 s . ft. 2,075 spaces 3,446 spaces B) Required Landscaping of Parking Areas: Five per cent of the total parking area is required to be landscaped in accordance with the provisions of Section 15.06.090 of the UAZO. The site plan submitted indicates that 170,000 square feet of landscaping will be provided and this will satisfy the landscaping requirement. The final site plan for this project must indicate which areas are to be landscaped and provide the calculations to verify that the landscaping standard has been met. C) Li tin : Lighting shall be provided to illuminate any off - street parking or loading spaces used at night. When provided, lighting shall be directed to reflect away from adjacent properties. D) Site screening: In ascertaining which site screening standard applies, it is the adjoining land use and not zoning that determines the required site - screening standard. Due to the presence of residential property along the east side of North 6th Avenue, site screening standard "A" is required along the east boundary with North 6ch Avenue. Site screening standard "A" consists of a 10 -foot- Riverpointe Landing, LLC 22 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16'h Ave. RZ #13 -07; EC #29 -07 D "D \.l I INDEX I AA -( ��_ wide landscaped planting strip with trees at 20 -foot to 3046ot centers, shrubs and ground cover. Technically, site screening would only be required across the road from the residential properties, but the applicant proposes to landscape along the site's entire frontage on North 6th Avenue. E) Setbacks: Building setbacks shown on the site plan comply with the standards set forth in the Urban Area Zoning Ordinance for the LCC zoning district. Should the existing parcel boundaries require alteration during development, these changes will be reviewed during the permitting process, and setbacks will be maintained in accordance with City standards. F) Semis: The site plan does not show any of the signing proposed for this development. So long as the desired signage complies with the sign standards of Chapter 15.08 of the UAZO it can be permitted without further zoning review. G) Lot coverage: The lot coverage standard within the LCC zoning district is 90 %. According to the site plan, lot coverage for this project will be approximately 86.42 %. H) Flood Plain and Critical Areas: This property is not indicated as being within a floodplain or critical area as designated on the Flood Insurance Rate Maps (FIRM) of the Federal Emergency Management Administration (FEMA) and the critical areas maps of the Yakima Urban Area Comprehensive Plan. 5) The adequacy of public facilities such as roads, sewer, water and other required public services: The new River Road sewer line and the improvements to River Road itself have significantly enhanced the development potential for this property. The site is currently capable of being served by all necessary public facilities. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses: The evidence submitted at the hearing clearly indicated that the uses allowed in the proposed Large Convenience Center (LCC) zoning district and proposed for the site would be compatible with neighboring Riverpointe Landing, LLC 23 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16"' Ave. RZ #13 -07; EC #29 -07 DOr , INDEX # AA- cI -( y 3F U: 1:1MA PLANNING DIY. land uses. The site was previously zoned LCC and would now already be zoned LCC if the conditions precedent to the earlier rezone had been completed. 7) The public need for the proposed change: The evidence presented at the hearing indicated a need for the proposed rezone due in part to changed circumstances because the population of the City has increased significantly in recent years and is expected to increase in the future so as to significantly increase the demand for goods and services sold and provided at a regional shopping center. Approval of this rezone application will promote the public need for increased investment in the local economy, an increased local tax base, increased local employment opportunities and additional shopping opportunities for residents of Yakima and surrounding communities and for visitors to the area. IX. Consistency of the Rezone with Development Regulations and with the Comprehensive Flan under the Four Criteria Reguired by Section 16.06.020(13) of the Yakima Municipal Code is determined as follows: 1) The types of land uses permitted at the site by the City's Large Convenience Center (LCC) zoning district are consistent with the Comprehensive Plan's current Regional Commercial designation for the site. 2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this rezone request. The proposed new regional shopping center would comply with applicable LCC zoning ordinance provisions relating to the density of development. 3) The availability and adequacy of infrastructure and public facilities already exist or will be provided by the applicant as a condition of approval of the applicant's request for approval of this project rezone. 4) The characteristics of the development would be consistent with the development standards of the zoning ordinance and with the Comprehensive Plan as discussed above. Riverpointe Landing, LLC 24 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16'' Ave. RZ #13-07; EC #29 -07 DOC. INDEX AA:I _ ___ �v CONCLUSIONS Based on the Findings set forth above, the Examiner reaches the following Conclusions: 1. The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and (E) of the UAZO to make a recommendation to the Yakima City Council regarding this rezone application. 2. The public notice requirements for the SEPA review and the hearing prescribed by Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. 3. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all streets impacted by this development. 4. SEPA review resulted in issuance of a Mitigated Determination of Nonsignificance on November 19, 2007 without an appeal being filed by December 3, 2007. 5. The requested rezone, as conditioned, would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance and the four consistency criteria in Subsection 16.06.020(B) of the Yakima Municipal Code which are the applicable criteria to determine whether the requested rezone should be approved. The Hearing Examiner recommends to the Yakima City Council that this application to rezone the subject parcels from the Light Industrial (M -1) and the Professional Business (B -1) zoning districts to the Large Convenience Center Riverpointe Landing, LLC 25 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16"' Ave. RZ #13 -07; EC 929 -07 DOC. INDEX. 13 G!!' A (LCC) zoning district as described in the documentation submitted for UAZ (:f i& 413 -07 and EC 429 -07 be APPROVED subject to the following conditions: 1) The plan of development shall be substantially in compliance with the submitted general site plan. 2) Permits must be obtained from the City of Yakima for all grading, construction and signs. All signs are to be installed in compliance with the provisions of Chapter 15.08 of the zoning ordinance. 3) All project permits required by the Yakima Regional Clean Air Authority shall be obtained. 4) All project permits required by the Washington State Department of Ecology shall be obtained. 5) Site screening shall be required in accordance with city standards. 6) All storm water associated with this development shall be maintained on site. 7) All conditions of the final Mitigated Determination of Nonsignificance issued on November 19, 2007 shall be required. 8) No building permit applications which would result in total development of the subject property in excess of 806,700 square feet shall be issued without additional environmental review which, at a minimum, shall include supplemental traffic review to ensure adequate capacity for traffic which may be generated by this expanded development. 9) If in the future there is a need to realign any of the 15 separate parcels comprising this site in order to comply with building setback requirements, the applicant will comply with applicable City procedures and requirements to do so. DATED this 31 S` day of December, 2007. Riverpointe Landing, LLC 26 Rezone from M -1 & B -1 to LCC SE of US 12 & N. 16th Ave. RZ #13 -07; EC #29 -07 Gary M. Cuillier, Hearing Examiner DOC. INDEX. AA '� �. RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER A Staff Report EXHIBIT DOCUMENT DATE A -1 Staff Report 12/13/07 City of Yakima, Washington Division of Environmental Planning PUBLIC HEARING December 13, 2007 Application submitted by: ) WestTowne, LLC ) requesting a Rezone from M -1, Light ) Industrial and B -1, Professional Business ) to LCC, Large Convenience Center, ) together with Environmental Review. ) Staff Report: UAZO Rezone #13 -07; EC #29 -07 Staff Contact: Bruce Benson, Planning Supervisor 575 -6042 SUMMARY OF RECOMMENDATION. Staff recommends the approval of this rezone application subject to the conditions set forth herein. From the view of the site, the matters contained in the application, Development Services Team comments, comment letters, and a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance (UAZO), staff makes the following: FINDINGS APPLICANT: WestTowne, LLC 1520 140`" Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16th Avenue, west of N 6th Avenue, south of US Highway 12 and north of River Road. PARCEL 181312- 31005, 31007, 34400, 34401, 34402, 34404, 34403, 34405, NUMBERS: 34406, 33001, 33002, 33003, 33005 and 181312- 22001, 22002 FILE NUMBERS: UAZO RZ #13 -07, UAZO EC #29 -07 APPLICATION. This application requests the rezoning of approximately 78.6 acres of property from M -1, Light Industrial and B -1, Professional Business to LCC, Large Convenience Center. This is a project related rezone for the development of an 806,700 square foot regional shopping mall. WestTowne LLC N 16`x' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 NDEX # A-'/ __. ,JURISDICTION. The City of Yakima Hearing Examiner is authorized to hold an open record public hearing on the rezone application and to issue a recommendation to the Yakima City Council for their consideration as to final approval ( § 1.43.080 (A) YMC.) DESCRIPTION OF PROPOSAL. The proposed River Pointe Landing Shopping Center would include development of approximately 78.6 acres in the north part of the City of Yakima and construction of an 806,700 square foot regional commercial complex. The project site is generally bounded by US 12, N 6`h Avenue, River Road and N 16`h Avenue. Based upon the proposed site plan, it is anticipated that the retail uses would consist of: 392,200 square feet of big box retail, 239,450 square feet of junior anchor retail, 96,500 square feet of smaller retail and in -line restaurants, 21,250 square feet of free - standing, sit -down restaurants and a 27,000 square foot winery. In addition to the aforementioned retail and restaurant uses an approximately 30,300 square foot, two -story hotel is planned. Within the site sidewalks and pathways will provide linkages for pedestrian and bicycle traffic. Onsite sidewalks will connect with the Yakima Interurban Trolley lines, City of Yakima Transit, the Yakima Greenway Foundation Trail and the William O. Douglas Trail. CURRENT ZONING. This property is currently zoned M -1 Light Industrial and B -1, Professional Business. CURRENT LAND USE. Properties adjacent to this site have the following characteristics and zoning: a. Movie Theater - LCC b. Undeveloped land - M -1, LCC c. Butcher shop — B -1 d. Fruit storage and packing — M -1 e. Medical services — LCC, B 1 f. Business Offices — LCC, B -I g. A few scattered single- family homes, some of which are owned by the applicant, — M -I COMPREHENSIVE PLAN COMPLIANCE. In 2006 the Yakima Urban Area Comprehensive Plan 2025 was adopted by the city and county. Under this Plan a new future land use category, designated as "Regional Commercial," was created and mapped. The Regional Commercial designation is located along existing highways or freeways and includes activities that require large sites and high visibility to serve the needs of community and the entire region. Regional Commercial may include uses such as large -scale shopping centers, discount "club" stores, factory outlets, specialty stores, offices, recreation complexes, theatres, entertainment activities, and travel accommodations that may attract people from other communities and counties. The typical size of a regional commercial development is 10 — 60 acres and serves a population of 100,000- 200,000 people. The goals and policies adopted for this future land use designation are as follows: WestTownc LLC N 16 °i Avenue and SR 12 r UAZO CL (2) #13 -07, EC #29 -07 NDEX Regional Commercial GOAL 3.9: PROVIDE AREAS ALONG EXISTING HIGHWAYS OR FREEWAYS FOR COMMERCIAL DEVELOPMENT AND ACTIVITIES THAT REQUIRE LARGE SITES AND HIGH VISIBILITY TO SERVE THE NEEDS OF THE COMMUNITY AND THE ENTIRE REGION. Policies: 3.9.1 Regional Commercial may include uses such as large -scale shopping centers, discount "club" stores, factory outlets, specialty stores, restaurants, offices, recreation complexes, theatres, entertainment activities, auto - plexes and travel accommodations that may attract people from other communities and counties. 3.9.2 Regional Commercial uses shall be located along a freeway or highway or at the intersection of a principal arterial with a freeway or highway. Access to the center shall be located a sufficient distance from any freeway interchange to minimize traffic congestion. If feasible, a frontage road along the freeway or highway would be encouraged. 3.9.3 The typical size of a regional commercial development is 10 — 60 acres and serves a population of 100,000- 200,000 people. 3.9.4 Regional commercial may be allowed when water and sewer service, street improvements, traffic control devices, municipal services and other development - related improvements are in place or other financial securities have been obtained. 3.9.5 Provide for tourist commercial uses in clusters at highway interchanges or in area with special tourist attractions. 3.9.6 Require a development plan regional commercial projects. A master development plan is required if the proposed development exceeds 10 acres in size. 3.9.7 Transit service and safe bus stop areas should be provided and placed on street that would accommodate the transit route. 3.9.8 Adequate buffering shall be provided between adjacent residential land uses, such as greenbelt, landscaped pathway, park -like buffer, and etc. 3.9.9 Motor vehicle access and circulation from the local access functional classification roads to the commercial site shall be restricted through residential areas and may be subject to additional mitigation measures to limit potential impacts. 3.9.10 A traffic impact assessment may be required. WestTowne LLC N 16 °i Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 3 .L)Lx A_� 3.9.11 "Transitional Zoning" may also be considered placing higher density residential uses between single - family residential and commercial areas. URBAN AREA ZONING ORDINANCE (UAZO). Later this year, or early next year, an updated UAZO will be submitted for review and adoption. Included within this update are several new zoning designations, one of which would designate the appropriate zoning for the Regional Commercial comprehensive plan designation as, C -9, Interstate Commercial. Uses, such as are proposed by this development, would be permitted within this district. In the interim the Large Convenience Center zoning district is considered to be compatible with Regional Commercial comprehensive plan designation. The purpose and intent of the Large Convenience Center District (LCC) district is to: a. Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and b. Accommodate existing clusters of retail, financial, professional, service businesses and entertainment activities that attract shoppers from an area significantly larger than a neighborhood. New large convenience centers will generally be greater than ten acres in size, and may be permitted when they demonstrate that they will complement, and not have a significant detrimental impact on, existing commercial areas or surrounding land uses. REZONE CRITERIA. Within the Yakima Urban Area, recommendations for the approval of rezone applications are governed by seven criteria specified in Section 15.23.030 YMC. 1. Testimony at public hearing. Testimony at the public hearing is crucial in determining compatibility for any proposed land use change. 2. Suitability of property for proposed use. The property is sufficiently large to support the development of a regional shopping center at this site. Transportation Concurrency Review indicates that there is sufficient capacity remaining in the city's arterial street system to handle the new traffic resulting from this development. 3. Recommendations from interested agencies. No agencies have expressed any opposition to this rezone. 4. Compliance with the Comprehensive Plan. The Future Land Use Map (Map III -3) designates the subject property as Regional Commercial, a designation that fully supports the requested rezone from M -1 and B -1 to LCC. 5. Adequacy of public utilities. This property is currently capable of being served by all necessary public utilities. WestTowne LLC N 16'x' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 11 6. Compatibility of proposed use. The rezoning of this property from M -1 and B -1 to LCC is considered to be compatible at this site. This is borne out by its comprehensive plan designation and by the fact that this site was previously rezoned to LCC, but for the fact that the conditions precedent to the earlier rezone were never completed, this property would now be zoned LCC. The weight of the evidence is that the requested rezone and proposed uses are compatible with adjacent properties. 7. Public Need /Change in Circumstance The population of the city of Yakima has increased significantly in recent years. Based upon this growth, and projections for yet more future growth, the demand for retail sales of the kind of goods sold at a regional shopping mall has increased significantly. In addition this area is significantly different than it was when the previous rezone was approved. The installation of the new River Road sewer line and the current improvements being made to River Road itself have significantly enhanced the development potential for this property. ZONING ORDINANCE DEVELOPMENT STANDARDS. The zoning ordinance sets forth specific standards for lot size, maximum lot coverage, minimum building setbacks, parking, building height, sight screening, etc. This proposal meets all applicable zoning ordinance development standards for the LCC zoning district. Parking. This proposed new regional shopping center has been reviewed for the construction of 806,700 gross square feet of new commercial building. Based upon the site plan provided this proposal will be required to provide 2,075 new parking spaces and 3,446 new spaces are indicated. The breakdown of this requirement is shown below: Building List Area (Sq. Ft.) Parking Ratio Per Code Parking Requirement Per Code Parking Provided Big Box 392,200 6 spaces/2,750 856 1,541 Jr. Anchor 239,450 6 spaces/2,750 522 958 General Retail 96,500 6 spaces/2,750 211 386 Restaurant 21,250 1 space/75 283 213 Winery 27,000 6 spaces/2,750 59 108 Hotel (2 story) 30,300 1.2 per room 144 240 Total Building Area 1 806,700 1 1 2075 spaces 1 3,446 spaces Required Landscaping of Parking Areas. Five per cent of the total parking area is required to be landscaped in accordance with the provisions of Chapter 15.06.090 YMC. The site plan submitted indicates that 170,000 square feet of landscaping will be provided and this will satisfy the landscaping requirement. The final site plan for this project must indicate which areas are to be landscaped and provide the calculations to verify that the landscaping standard has been met. WcstTowne LLC 5 N I6 "' Avenue and SR 12 UAZO CL (2) #13 -07. EC #29 -07 .' . ?,ins. X L: ' Lighting. Lighting shall be provided to illuminate any off - street parking or loading spaces used at night. When provided, lighting shall be directed to reflect away from adjacent properties. Site screening. In ascertaining which site screening standard applies it is the adjoining land use and not zoning that determines the required site- screening standard. Due to the presence of residential property on the along the east side of N 6th Avenue, site screening standard "A" is required along the east boundary with N 6th Avenue. Technically, site screening would only be required across the road from the residential properties but since the applicant proposes to landscape along their frontage on N 6th Avenue this issue is moot. Setbacks. The building setbacks shown on the site plan comply with the standards set forth in the Urban Area Zoning Ordinance for the LCC zoning district. Signs. The site plan does not show any of the signing proposed for this development. Provided that the desired signage complies with the sign standards of Chapter 15.08 it can be permitted without further zoning review. Lot coverage. The lot coverage standard within the LCC zoning district is 90%. According to the site plan lot coverage for this project will be approximately 86.42%. Flood Plain and Critical Areas. This property is not indicated as being within a floodplain or critical area as designated on the Flood Insurance Rate Maps (FIRM) of the Federal Emergency Management Administration (FEMA) and the critical area's maps of the Yakima Urban Area Comprehensive Plan. DEVELOPMENT SERVICES TEAM (DST) REVIEW. The DST meeting for this proposal was held on July 25, 2007 at which time the following comments were submitted. CitesEngineer All improvements, street and utility shall meet all City of Yakima development standards which may include additional right -of -way dedication and/or frontage improvements along both 16th Avenue, 6th Avenue as well as the River Road tie in location. The 16t11 Avenue improvements shall extend to US 12 and the WSDOT boundary. Future application will need to address street and utility improvements and shall include Civil Engineering detail plans and specification. Traffic Engineering I have several items for you to consider in the River Pointe Landing Application review. WestTowne LLC 6 N 16'x' Avenue and SR 12 UAZO CL (2) #13 -07, EC 429 -07 (1) Coordination with WSDOT - As previously mentioned, WSDOT Traffic Engineering staff has not conducted a thorough review of the Traffic Study, pending a formal notice from the City of Yakima. However, on Friday (August 17) I talked with Rick Holmstrom, Development Services/ Access Management Supervisor (South Central Region Planning Office). He indicated WSDOT would like the applicant to confirm the traffic analysis of the US 12 ramps did include pedestrian phasing and delay / penalty for pedestrians. This is especially important in the analysis of the EB ramp. He also mentioned that a preliminary review of the roundabout proposed at the WB ramp will likely be workable into the design year (pending the pedestrian data). A right of way analysis will be necessary to determine the construct - ability of the roundabout. These items are not required in the threshold determination of a "complete application" for processing. Other more detailed comments will be submitted after the formal review. (2) Development Phasing - The 1998 FEIS for the Riverside Mall reviewed the significant environmental impacts of a mixed retail /shopping center development of 970,000 square feet. However the Development Agreement approved by the City Council for the rezone application (Ordinance 99 -23) provided specific conditions of approval for the first 467,500 square feet and required a supplemental traffic study for any development which exceeded that first phase. If this development seeks "ready to build" status for the buildings and uses shown on this site plan (806,700 square feet of floor area and 4,094 parking spaces), an implementation plan for phasing of improvements (on and off -site) will need to be developed. (3) Comparison of 1998 to 2007 Proposed Projects - This chart provides a summary of the two applications. 1998 FETS 2007 WestTowne Center PronOUI Scope Rezone for 970,000 square feet of missed retail land Rezone for 806,700 square feet of retail, office land of Project office development. 89 Acres hotel. 76 acres 3,494 Total PM Peak Hour vehicle trip generation 1,900 parking stalls 2,659 Total PM Peak Hour vehicle trip generation ,094 parking stalls (amended to 3,446) Concept Site Plan No phasing has been proposed by the applicant at this time Phased Review - Final Site plans required Project seeks "ready to build" status for buildings Checklist and Threshold Determination and uses shown on detailed site plan Development Agreement provided specific No phasing has been proposed by the applicant at conditions of approval and authorized the first this time. base of review up to 467,500 square feet. Included theater driveway and access Separate from theater driveway and access Greenway path not impacted - ped phases not Greenway path not impacted - ped phases studied in signal operation not studied in ramp or signal operation Conditions of Install signal at US 12 WB Ramp Roundabout Proposal Approval. — Ph 1 Install signal at Mall Entrance Install Left turn lane on 16th Ave to Mall WestTowne LLC N 16`x' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 7 Still Planned, different location Still Planned Conditions of Approval - Ph 2 Concurrenc Install SB turn lane at entrance Still Planned Install signal at River Rd & 16th Ave Installed by City Widen River Rd to 3 -lanes (6th Ave to 16th Ave) no reference to frontage improvements Install EBL turn lane on River at entrance no reference to frontage improvements Improve 6th Ave from Gordon Rd to River Rd no reference to frontage improvements Improve 6th Ave from River Rd to Fruitvale Blvd. Not mentioned in TIA Provide alignment of Mall entrance to Lake Aspen Development Still Planned Tamarack Sewer Contribution ($220,000) Completed by City( ?) Required Supplemental Traffic Study which may result in additional mitigation: No phasing has been proposed by the applicant at this time. Install second lane on US 12 WB ramp, widen bridge, add stop control for EB Not mentioned in TIA Install NBR turn lane at 16th Ave & Mall Still Planned Construct other mitigation not identified in the FEIS Pro Rata Share Contribution to projects on the City of Yakima 6 -Year Plan, to be determined Reservation of Capacity for 20 -Years lConcurrency Required Note: These Traffic Engineering comments were prepared early in the City's review of this project. The Washington State Department of Transportation has subsequently reviewed the traffic study consulted with the applicant, their traffic consultant and the City. The conclusions reached are set forth in item "C" of the MDNS. Water & Irrigation The existing service is a looped 12" waterline N. 6th Ave. Existing looped 12" waterline in N. 16th Ave. approx. 450'south of the site. Existing dead -end 12" waterline stubbed to the site near the southwest corner of the site. Existing looped 16" waterline in River Rd. Site does not currently have any domestic water services. Site is located in the Low Level Pressure Zone. Static pressure is approximately 66 — 76 psi. A new 12" waterline will need to be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout of the new waterline on the site will be determined during the design review process, depending on the required location of new fire hydrants and water services /water meters. Based on a preliminary fire flow requirement of 4,000 gpm and water system modeling data, a new 12" waterline will need to be extended south from the new on -site waterline (following the proposed access /driveway) to River Rd. This, in addition to the waterline connections in N. 6th Ave. and to the 12" waterline stub at the southwest corner of the site, will provide the site with adequate fire flows while not exceeding the maximum water system velocity of 9fps. A new 12" waterline will need to be extended in N. 6th Ave. from the existing 12" waterline north approx. 250' to meet the new waterline alignment shown on the preliminary site plan. A 16' public waterline easement is required for all public water facilities located on the site. WestTowne LLC 8 N 16 "' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 Nearest public fire hydrants are located south of the site in an easement on private property behind the existing theater. It should not be expected that these fire hydrants provide coverage to the proposed site. All new fire hydrant, fire sprinkler system service and FDC locations to be determined by Codes and Fire Dept. Available fire flow from looped 12" waterline (as described above) - 6,000gpm. No City irrigation. Site is within the Old Union Ditch Co. service area. It is strongly encouraged that the new development utilize the available irrigation water for their site irrigation. Also, there are Old Union Ditch Co. irrigation pipes and facilities on the site that provide service to other areas of their system. The project will need to identify the location of the pipes and facilities and identify them on the site utility. TRAFFIC CONCURRENCY. The Traffic Concurrency review for this project was completed on November 20, 2007. Based upon the information provided by the applicants this development will not exceed the PM peak hour capacity of the city arterial street system and reserve capacity exists on all impacted streets. STATE ENVIRONMENTAL POLICY ACT. On October 25, 2007 a preliminary Mitigated Determination of Non Significance was issued with a 20 -day comment period to follow. At the conclusion of the comment period two additional mitigations were added (Sections G and H) to the preliminary determination and a final determination was issued November 19, 2007. This decision was subject to a 14 day appeal period which ended on December 3, 2007. The SEPA mitigations imposed are as follows: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half - street improvements along the development site frontage of North 16t" Avenue, and North 6t" Avenue. Improvements will be based on the WestTowne LLC 9 N 16`x' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; o North 16th Avenue — "Principle Arterial (Urban)" o North 6th Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16th Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two -lane roundabout at the main entrance to the development site on North 16th Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to US 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the I left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersections, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16th Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16th Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34th Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34th Avenue /River Road and Fruitvale Boulevard. WestTowne LLC 10 N 16 °i Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 4 4—/ 5. Impacts to Greenway Path on US 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the US 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the US 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6`h Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6`h Avenue. D. Frontage improvements: Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: WestTowne LLC 1 1 N 16 °i Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading /excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. H. Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. PUBLIC NOTICE. Notice for this hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of hearing notice September 4, 2007 Posting of property September 4, 2007 Legal Ad published September 4, 2007 PUBLIC COMMENTS. During the comment period for the Rezone and Environmental Review letters were received from the following organizations, firms or agencies: Yakima Greenway Foundation, KDF Architecture, Holtzinger Fruit, Yakima County, Washington State Department of Transportation, Washington State Department of Ecology and the Washington State Department of Archaeology and Historic Preservation. Their comment letters have been incorporated in an addendum to this report. CONCLUSIONS. 1. The hearing examiner has jurisdiction to render a recommendation on this application. 2. During project review it has been determined that this request is in compliance with section 16.06.020(B) YMC for making a Determination of Consistency as follows: a. The density of this development is not a factor for this application. b. Adequate public facilities are available to serve this site. WestTowne LLC 12 N 16`x' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 c. The proposal is consistent with the development standards of the zoning ordinance. d. The proposed use is supported by the commercial goals and objectives of the Yakima Urban Area Comprehensive Plan. 3. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all streets impacted by this development. 4. SEPA review resulted in the issuance of a MDNS on November 19, 2007. Mitigation measures were required as set forth earlier in this report. 5. The location of the site, adjacent to SR 12 and the North 16`" Avenue primary arterial is well- suited for a large regional commercial development. 6. No unmitigated significant adverse environmental impacts have been identified that would follow from the granting of this approval. 7. Public Notice for the SEPA review and this hearing was provided in accordance with zoning ordinance requirements for environmental review and rezones. 8. Approval of this Rezone application will have the following public benefits: increased investment in the local economy, increased tax base with the improvement of the property, additional shopping opportunities to serve the residents of Yakima, surrounding communities and visitors and increased employment opportunities. RECOMMENDATION. The Division of Environmental Planning recommends that this Rezone from M -1, Light Industrial and B -1 Professional Office to LCC, Large Convenience Center be approved subject to the following conditions. 1. The plan of development shall be substantially in compliance with the submitted general site plan. 2. Permits must be obtained from the City of Yakima for all grading, construction and signs. All signs are to be installed in compliance with the provisions of Chapter 15.08 of the zoning ordinance. 3. All project permits required by the Yakima Regional Clean Air Authority shall be obtained. 4. All project permits required by the Washington State Department of Ecology shall be obtained. 5. Site screening shall be required in accordance with city standards. 6. All storm water associated with this development shall be maintained on site. WestTowne LLC 13 N 16`x' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 7. No building permit applications which would result in total development of the subject property in excess of 806,700 square feet shall be issued without additional environmental review which, at a minimum, shall include supplemental traffic review to ensure adequate capacity for traffic which may be generated by this expanded development. 8. A final site plan is required showing any changes or conditions that might be required by the hearing examiner. WestTowne LLC 14 N 16`x' Avenue and SR 12 UAZO CL (2) #13 -07, EC #29 -07 NOV 3 :1 !'' -)U1p ru'JNNIIgc rll!q. November 27, 2007 Bruce Benson Supervising Planner City of Yakima Department of Community and Economic Development 129 North Second Street 2nd Floor Yakima, Washington 98902 Dear Mr. Benson: Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed rezoning of 80 acres of land currently zoned B -1, Professional Office and M- 1, Light Industrial, to be re -zoned large commercial center zoning. These materials were received on 11/21/2007 and processed with the Material ID # 12393. We have forwarded a copy of this notice to other state agencies. If this is a draft amendment, adopted amendments should be sent to CTED within ten days of adoption and to any other state agencies who commented on the draft. If you have any questions, please call me at (360) 725 -3042. Sincerely, Lynn Kohn Growth Management Planner Growth Management Services Enclosure IN:�'... STATE AGENCIES REVIEWING DEV REGS Revised November 2007 Cities and counties need to send electronic copies of their draft development regulations to the Washington State Department of Community, Trade and Economic Development (CTED), GMS Review Team, reviewteam(c-)cted.wa.gov, at least 60 days ahead of adoption. If a jurisdiction only has hard copies available, it should mail a copy to each of the agencies' representatives listed below, at least 60 days ahead of adoption. Adopted regulations should be sent to CTED, either by mail or email, immediately upon publication, as well as to any state agencies that commented on the draft. A jurisdiction does not need to send its regulations to the agencies which have been called ahead and that have indicated the local regulations will not be reviewed. The jurisdiction should keep a record of this contact with state agencies and the state agencies' responses. Elizabeth McNagny Department of Social and Health Services Post Office Box 45848 Olympia, Washington 98504 -5848 (360) 902 -8164 Fax: 902 -7889 Email: mcnagec(a- dshs.,,va.gov Jennifer Hayes Department of Fish and Wildlife Post Office Box 43155 Olympia, Washington 98504 -3155 Tel: (360) 902 -2562 Fax: (360) 902 -2946 Email: hayesilh @dfw.wa.gov Review Team CTED Growth Management Services Post Office Box 42525 Olympia, Washington 98504 -2525 (360) 725 -3000 Fax: (360) 753 -2950 Email: reviewteam(a)cted.wa.gov Hugo Flores Washington State Dept of Natural Resources GMA/SMA Planning & State Harbor Areas 111 Washington St SE PO Box 47027 Olympia, WA 98504 -7027 Phone: (360) 902 -1126 Fax:(360) 902 -1786 E -mail: hugo.flores(dDdnr.wa.gov Kelly Cooper Department of Health Environmental Health Division Post Office Box 47820 Olympia, Washington 98504 -7820 (360) 236 -3012 Fax: (360) 236 -2250 Email: Kelly.cooper(cDdoh.wa.gov SEPA/GMA Coordinator Department of Ecology -Post Office Box 47600 Olympia, Washington 98504 -7600 (360) 407 -6960 Fax: (360) 407 -6904 Email: gmacoordination�Q- ecy.wa.gov Ron Shultz Puget Sound Water Quality Action Team Post Office Box 40900 Olympia, Washington 98504 -0900 (360) 725 -5470 Fax (360) 725 -5456 Email: rshultzQpsat.wa.gov Bill Wiebe Department of Transportation Post Office Box 47300 Olympia, Washington 98504 -7370 (360) 705 -7965 Fax: 705 -6813 Email: wiebeb(d_�wsdot.wa.gov Rebecca Barney Department of Corrections Post Office Box 41112 Olympia, Washington 98504-1112 (360) 753 -3973 Fax: (360) 586 -8723 Email: rmbarney(a doc1.wa.gov S: \GmuWDMIN \Lists \State Agencies Reviewing Dev Regs 11- 07.doc AM EOWwashi egton state Departsmen# of Transportation Paull J. Hammond Secretary of Transportation November 9, 2007 City of Yakima — Planning Division 129 North Second St., City Hall Yakima, WA 98901 -2637 Attention: Doug Maples, Code Administration & Planning Manager Subject: UAZO EC #29 -07 & Rezone #13 -07; WestTowne, LLC Riverpointe Landing Shopping Center (806,700 SF) Preliminary Mitigated Determination of Non - Significance US 12, 16`" Avenue interchange (MP 202) South Central Region 2809 Rudkin Road, Union Gap P.O. Box 12560 Yakima, WA 98909 -2560 (509) 577 -1600 - TTY: 1- 800 - 833 -6388 ni�1f www.wsdot.wa.gov''`'!('�: CITY C 'W". CODE ADM, G"VI IUN NOV I. a 2007 � ❑ REC'VD 1 XE:r!(, j ❑ PAID FYI: ❑! We received the Preliminary Mitigated Determination of Non - Significance for the proposed Riverpointe Landing Shopping Center. We sent comments regarding this development in a letter dated October 1, 2007 and in a number of emails. The language in the Preliminary MDNS dated October 25, 2007 is consistent with our comments, and we agree with it. We appreciate the City working with WSDOT to address our collective transportation concerns. Since the Preliminary MDNS was issued, we received additional analysis for consideration from Transportation Solutions, Inc. regarding mitigation measure 3.c. The proposed modifications are an improvement (reduction in queue length) and we continue to evaluate the information. There remain concerns by the Department regarding the movement from the interchange southbound to the site entrance. We will continue to review supplemental analysis as provided by the consultant, and suggest the City arrange a meeting with TSI and WSDOT in the next couple of weeks to discuss the alternatives. Thank you for the opportunity to comment on this preliminary MDNS. If you have any questions or require further information, feel free to contact Rick Holmstrom at 577 -1633. Sincerely, Bill Preston, P.E. Regional Plannin by Rick H6li-n #6om, Development Services Engineer BP: jjg/rh cc: File #16, SR 12 Rick Gifford, Traffic Engineer Les Tumley, Area 2 Maintenance Superintendent p:\p1anning\devrev\sr 12 \yakcity _riverpointe_pre -mdn s. doc �zT • qCE �\ A 8 � i tNlI�O c lam) 1.1 N Y r, November 9, 2007 Public 128 North Second Street • Fourth Floor Courthouse o Yakima, WashingtotA8`9%VJW D;t; (509) 574 -2300 • 1- 800 -572 -7354 • FAX (509) 574 -2301 a wwwco.yakima.wa.us Doug Maples, Codes and Planning Manager City of Yakima Planning Division 129 N. 2 "d Street Yakima, WA 98901 VERNM. REDIFER, P.E. - Director RE: SEPA Comments on 16'h Ave. Shopping Center - Riverpointe (UAZO EC #29 -07) Dear Mr. Maples: �I -T 1 �I `i A,i111bIA CODE ADIJ IN. DIVISION' '❑REC'VD FAXED El ❑PAID FYI El Thank you for the opportunity to review the above project. We offer the following comments. Given that this project is well within the City of Yakima, and does not involved nearby County roads; our comments are provided as an agency with expertise, as a co- administrator of our regional Shoreline Master Program, and as a party to the Upper Yakima Comprehensive Flood Hazard Management Plan (CFHMP). The comments below are organized based in these relationships. Shoreline Master Program Issues Yakima County and the City of Yakima currently share a regional Shoreline Master Program (SMP). Consequently, we are providing the following information for your consideration in this development. This property is on the other side of the freeway from the Naches River. According to our air photo history of the area, the Naches River had aside channel that ran on the south side of the current freeway location This side channel was filled or cut off from the river when the freeway was constructed. Consequently, the remainder that lies on the south side of the freeway has been isolated from the river and appears to be a wetland. Two copies of historic photos from 1927 (black and white) and 2002 (color) are attached to these comments. Since the wetland would be in hydraulic continuity with the river, it would fall within shoreline jurisdiction. The proposal appears to contemplate filling the wetland. There is no indication of its existence on the site plan. And structures are planned within or in close proximity to its likely location A wetland study should be conducted to determine the extent and type of wetland that is present. A shoreline permit appears to be needed for any wetland areas that would be impacted. The City should consult with the Dept. of Ecology regarding further Shoreline and wetland issues. The Yakima Greenway is a regional recreation facility for the Yakima Valley that provides important public access to the Yakima Valley's Shorelines of Statewide Significance. Impacts to these facilities need to be carefully considered. Below you will find comments related to the Greenway and public access along the Shoreline. November 9, 2007 Page 2 General Planning Issues Access/Traffic Flow This is an exciting development to think about, and we look forward to seeing its development. However, we don't want the project to have the same problems we have seen in the shopping areas at the east end of Washington Avenue recently, which have inadequate access and road facilities for the users during busy times. Please note that a traffic study won't really account for building and parking layout problems. Such problems can significantly affect the assumptions on traffic splits in and out of the site. Most major shopping centers use either a perimeter road to provide diffuse access all around the site, or several discrete major access points. This development has one major discrete access, one minor alternate access, and one minor isolated access. The focus for access of the entire shopping center is at 16`h Ave. However, the ability to access the central parking lot and associated stores is highly constrained by the convoluted access pathways into the central area from 16`hAvenue. This problem is further exacerbated by parallel parking or angled parking that will back into traffic. Furthermore, the main east -west road through project needs to be of significant size to distribute traffic, but it does not cross the property as such all the way through the site, nor does it even go to the central area of the site. Combined with pedestrian traffic, the 16`h Avenue access appears to have the makings of a perpetual traffic jamb. Consequently, people will avoid using the 16`h Ave. access and try to use River Road, which does have a more direct access path into the central area, but does not have any proposed intersection improvements to handle the traffic volumes. Alternatively, people will try to use 6`h Avenue, which has one minor access area (though with two driveways) that is highly isolated from the central shopping area. It would be a reasonable assumption that people from the east side of the city will be trying to access the shopping center using 6th Avenue, since it provides access to areas east of the railroad tracks via Gordon/Tamarack, I Street, and 5`h Avenue. It will be much more attractive to users than the isolated access on River Road or the more distant access on 16`h Avenue. The problem is that the condition of 6"' Avenue is not suitable for the volume of traffic that will be using it to access the shopping center. The project layout needs to be designed to accommodate traffic from all directions easily, since that is the actual way accesses will be used, unless access is obstructed from chosen directions. The access points should be designed to enter directly into the central area, with branching driveways to different parts of the site. Main driveways could even be made to be curving similar to tl-r development's river namesake. Intersections are opportunities for interesting design features. Alternatively, the perimeter road concept maybe used with many access points into the central area. Lastly, the parking area seems extremely large — much more than that required under the zoning ordinance. Driveways providing access through the central area create opportunities to provide features or additional landscaping to break up the very large expanse of parking lot. The solar gain on this amount of parking will be very high and providing additional tree canopy can help reduce this effect. Recommendations: I . Provide consistent, direct, and major access from the 3 sides of the property to the central area. A primary road through the central area of the shopping center and connecting 16`h and 6`h Avenues would be a good idea. 2. If the cross road connecting 16`h and 6`h Avenues is to be retained, consider making it a public street or at least design it to public street standards. 3. Prohibit parking (especially angle parking) on the major access roads and orient stores to the parking areas. 4. Provide improvements for streets that provide access to the shopping center. This includes intersection improvements, frontage improvements, and upgrades to 6 "' Avenue so it can handle November 9, 2007 Page 3 the traffic without falling apart. Consider additional landscaping to offset the extensive amount of parking lot area. Greenway We are pleased to see that the impacts to the Greenway are being considered. The greatly increased traffic necessitates providing safer conditions for Greenway users in the area along 16'' Avenue and the freeway interchange. The proposed mitigation measures are appropriate. However, we would like to raise other issues, as discussed further below. The greatly increased use of this property will encourage greater use of and demand on the Greenway's 16`h Avenue access point on the opposite side of the freeway interchange. The problem is that the parking lot for this access point is already regularly overburdened. A solution would be to supplement the existing Greenway parking area with additional parking at the shopping center. This would also provide a higher level connection for the development to a major regional recreation attraction, which would be beneficial to the development. It could also provide support to the pedestrian/bicycle/Wflliam O. Douglas trail system currently contemplated by the proposed SEPA mitigation Other advantages to this relationship are provided under the Flood Hazard comments below. From another perspective, the proposed trail design on the development site, the mitigation for the Douglas Trail, and the proximity to the Greenway trail will result in the intersection of the region's major trail systems being drawn to the interior of the proposed development. Given the configuration of the trail system relative to the development, it is near certain that the parking facilities for the development will be used by patrons of the Greenway and Douglas trail system, especially during peak use periods (summer evenings) when the existing Greenway parking lot is beyond its capacity. Planning for this use now will avoid future conflicts as the development density, the transportation system (motorized and non - motorized), and the regional population expand. Another problem is that the increased traffic, combined with the new roundabout on the north side of the freeway interchange will make it a scary experience for pedestrians to cross the roundabout's multiple access points to get from the Greenway path to the freeway bridge sidewalks. Currently, stop signs facilitate pedestrian crossings during busy traffic. A better solution would be to separate the pedestrian traffic from the freewaytraffic. This could be done by providing an arch -pipe crossing under the west -bound off -ramp, then running the path up the fill -bank to the bridges east -side crosswalk. Keeping the path on the east side of the bridge would also provide a more direct connection to any alternate Greenway parking lot located at the shopping center. Trolley Line This project will be impacting 6`h Avenue, which has the Trolley Line running along it. Consequently, the project will also be impacting the trolley line, especially given the need for 6`h Avenue improvements. This situation has some interesting possibilities similarto the William O. Douglas and Greenway trails. The trolley is local attraction that connects the Cities of Yakima and Selah. It seems like there is an opportunity to make a functional connection between the cities and the shopping center that may be able to provide transportation to the shopping center. Please consider this possibility. Comprehensive Flood Hazard Management Plan The Upper Yakima CFHMP has been adopted by Yakima County and is currently in the adoption process with the City of Yakima,. The CFHMP includes a description of the problems in the lowest reach of the Naches River from sedimentation caused by pinching the floodplain of the Naches River by the freeway, and especially by the 16`h Avenue interchange and the Greenway parking lot located there. The pinch -point causes ponding , 2 November 9, 2007 Page 4 which increases sediment deposition and other problems. "The current configuration of US 12 contains the 100 and 500 year floods, protecting a large area of the City of Yakima from flooding by the Naches River. Failure of US 12 during a flood event would prove catastrophic to large areas of Yakima as there are currently no facilities to let floodwaters exit the City and return to the Yakima or Naches rivers. Repeated damage to US 12 upstream of the l 6th Avenue Exit, even during relatively minor flood events, presents high levels of flood hazard not only due to loss of transportation infrastructure, but also due to the key role that this portion of highway plays in providing a high level of flood protection to a large urbanized area." To emphasize the importance of this issue, the County, City, WSDOT, and other parties have entered into a Memorandum of Understanding to deal with sedimentation problems in this reach -The Lower Naches River Coordination Project (Calvin eta]., 2005). While the WSDOT will be implementing a project to protect US 12 from the repeated erosion events, aggradation at this location is likely to continue. The effects of this aggradation over the long term will be to cause further erosion of US 12 upstream of the proposed project, loss of conveyance capacity of the Naches River which will reduce the effectivness of US 12 as a levee, and sediment starvation of the Naches and Yakima Rivers downstream from this point. The solution for the ongoing, long -term problems caused by the pinch -point is to remove or reduce the pinch - point. Removing the pinch -point is complicated by the facilities located there (Greenway parking lot and freeway interchanges). Finding an alternate location for the parking lot would allow modification of the pinch - point in the future. The only remaining alternate location near the existing location is at the shopping center development site. If a parking area for Greenway users could be provided at the shopping center, the larger floodplain problem could be readily addressed Re- locating the parking lot could also solve a problem related to the roundabout. Constructing a roundabout on the north side of the interchange will take a large footprint. The problem is that the intersection for the on/off ramps is elevated high in the air. The roundabout will require a large amount of fill to establish the needed footprint. If the Greenway parking lot were relocated, the fill material from that location could be used to create the roundabout. Thank you for the opportunity to comment on this project. If you have questions regarding anything in this letter, feel free to call me at 574 -2245. Sincerely, DEAN PATTERSON Planning Division Environmental and Natural Resources Manager C: Department of Ecology Shorelines Div.— Cathy Reed Yakima Greenway — Al Brown Vern Redifer Flood Control Zone District GADevelopment Services \Users\DEANPNISC \REVIEWS \Yak 16th shopctr.doc VAR 4 "'1 %4 –Na" i �JtAu� w f� ii, _t j 4i UAII p", ".44. Nik, rj M11' •: b9�,,y,�!� °La. �� 4 i'd•,:• aai�i3 jRbde-0.' r' .- '1�'�- t �. d ' � ,k',.�; :iPjl 4 4 Q, a• � ` S )�` . 'j.' { P�:,r�4�e �. ,. w� k;'ftu <..n`�`';t���k s ' �. � ay �, °s x r , � , �i . � # �5���,. �� ' 3 1N , IV 3 I �1': YP At [pal 'r vir j tn' 1" Rv 'aN O4 _;k; ca t if il, 11-Ru ml A 'A R w e4, - 4 A-M J, OffHWA 14 ��CUl7��,97 STATE 9 x O STATE OF WASHINGTON axi` t,- ,i\;p,';, DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION 1063 S. Capitol Way, Suite 106 • Olympia, Washington 98501 Mailing address: PO Box 48343 • Olympia, Washington 98504 -8343 (360) 586 -3065 • Fax Number (360) 586 -3067 Website: www.dahp.wa.gov November 8, 2007 CITY OF YAKIMA Mr. Doug Maples CODE ADMIN. DIVISION Code Administration And Planning Manager City Of Yakima NOV 13 2007 129 N. 2nd St. Yakima, WA 98901 LR C'VD FAXED❑; ID FYI [� In future correspondence please refer to: Log: 110807 -07 -YA Property: WestTowne LLC Yakima Shopping Mall UAZO EC #29 -07 Re: Archaeology - Survey Requested Dear Mr. Maples: We have reviewed the materials forwarded to our office for the proposed project referenced above. The area has the potential for archaeological resources. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities, and that this survey include subsurface testing for buried deposits. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586 -3088 or Scott.WiIliams@dahp.wa.gov. Sincerely, Scott Williams Assistant State Archaeologist (360) 586 -3088 scott.williams(ci)dahp.wa.gov CC: Johnson Meninick, YIN GTA - STATE OF WAS FtNCTCK1 FS Wcs± Fakhua Avenue, Suite 2CO vkima, Washi:rigt©n y6902 -3451 , (SC4) 575 -24 90 November 7, 2007 Doug Maples City of Yakima Dept. of Community Development 129 North 2nd Street Yakima, WA 98901 Dear Mr. Maples: Your address is in the l...c:%,fc ".t. watershed Thank you for the opportunity to comment on the preliminary mitigated determination of nonsignificance for the construction of an 806,700 square foot shopping center, proposed by WestTowne, LLC [UAZO EC 29 -07]. We have reviewed the environmental checklist and have the following comments. Water Resources The water purveyor (City of Yakima) is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44. 100 RCW. If you plan to use water for dust suppression at your site, be sure that you have a legal right. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. (Chapter 90.03 RCW Surface Water Code and Chapter 90.44 RCW Regulation of Public Ground Waters) If in doubt, check with the Department of Ecology, Water Resources Program. Temporary permits may be obtainable in a short time - period. The concern of Water Resources is for existing water rights. In some instances water may need to be obtained from a different area and hauled in or from an existing water right holder. If you have any questions concerning the Water Resources comments, please contact . —R a ,i ' r- Mr. Maples November 7, 2007 Page 2 of 2 Breean Zimmerman at (509) 454 -7647. Sincerely, Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 ]934 www.holtzingerfruit.com Serving the- Independent Grower Since 1908 October 30, 2007 Doug Maples, Manager Building Codes City of Yakima 129 North 2 ,, d street Yakima, WA 98901 UAZO RZ #13 -07 Dear Mr. Maples; `ff' 0� YAKIhiu-� rPt'J"PiNUC,, DIV We are in favor of the property owner obtaining the rezone he seeks after he and the City of Yakima have addressed items that potentially will have a significant negative impact on our business. 1. Crime - As you well know this part of Yakima has more than its fair share of transients, prostitutes and drug dealers. Unless there is additional street lighting in the surrounding area — 6 °i Ave and River Road these felons will congregate in the new shadows of the neighborhood created by this project. The city must address the inade uate lightiton River Road and 6 °i Ave and the need for additional police patrols in the area_ 2. Traffic -- The traffic study, as quoted, does not take into account the large commercial trucks that use both River Road and 6"' Ave. Roundabouts and semis are not good matches. There appears to be no commitment to improving any of the surrounding streets to allow large commercial trucks efficient access to our business. "I" street and 6' Ave will need improving including the movement of utility poles. Unless this is accomplished commercial trucks and cars will be in a tangle on 161" and River Road ; especially at peak holiday shopping times. Adequate provisions must be made for existing commercial_ traffic. 3. Health hazards — Shopping center dumpsters and other trash receptacles will increase the rodent population in the area. An increase in rodent population will impact our fruit packing facility. Any rezone should require that all food trash be removed daily and only compacted dum sters be used. 4. Storm water -- Currently the storni water drainage at the corner of 6`" Ave and River Road is inadequate -- whenever it rains there is a mess at this intersection which appears compounded by the irrigation canal. 6th Ave and River Road do not have appropriate shoulders, brush control or maintenance and it appears that the neighborhoods recent 1312 NORTH 6th AVE. • P.O. BOX 169 • YAKIMA, WASHINGTON 98907 • (509) 457 -7847 • (509) 457 -3105 FAX I�I!1 experience with the 12 month sewer debacle on River Road that the infrastructure is inadequate. The proposed road projects will exacerbate the storm water problem on theC:IPY Ui� 6"' Ave and River Road and it is not clear that underground utilities are sufficient to support the project. We believe that WestTowne is a good project for Yakima. But the City of Yakima must make plans to "fix" the neighborhood otherwise all the neighbors will suffer from increased traffic, storm water, rodents and criminals. Thank you for the opportunity to comment. S October 1, 2007 Planning Division Department of Community & Economic Development City of Yakima 129 North Second St., City Hall Yakima, WA 98901 -2637 Attention: Bruce Benson, Planner Subject: Riverpointe Landing TIA US 12, 16th Avenue interchange South Centca! Region 2809 Rudkin Road, Union P.O. Box 12560 Yakima, WA 98909 -2560 509 - 577 -1600 TTY, 1 -800- 833 -6388 w"vw.wsdot.wa.gov 0 3 2007 We have reviewed the proposed project's Traffic Impact Analysis (TIA -March 21, 2007), and provided earlier comments in the form of emails to the City in response to the draft TIA. Since that time, there have been two disclosures that affect this WSDOT response letter. Specifically, it is our understanding that the primary entrance into the development from 16th Avenue will be controlled by a traffic signal. The second involves the pedestrian pathway at the 16th Avenue undercrossing to remain at its existing location. With these "assumptions" we have the following comments: As we have indicated in the past, we concur with the conclusion on page 29 that a single - lane roundabout be constructed to mitigate the development's traffic at the interchange westbound ramp terminal. This location has limited right -of -way, and is further restricted with the existing parking lot and Greenway Path. If approved, the intersection improvement must be designed in accordance with WSDOT Design Manual Chapter 915. All costs associated with this improvement (including right -of -way acquisition and modifications to the existing facilities) are the responsibility of the development. The proposed change to the traffic signal at the development's entrance raises the following requests from WSDOT as it pertains to the eastbound ramp terminal. a. The study suggests that the queuing penalty for the southbound movement on 16th (Intersection 11) is 311 feet. The distance from the eastbound ramp terminal to the primary entrance is only 450 feet. The modeled queue blocks SB traffic from entering the left turn lanes into the development. This queue also eliminates the SB weave distance. This compromising condition needs to be re- addressed. An alternative may be revising the signal phasing scheme. L FaLlS Fl, 0F ;aiV10[k Secretary of Transportation October 1, 2007 Planning Division Department of Community & Economic Development City of Yakima 129 North Second St., City Hall Yakima, WA 98901 -2637 Attention: Bruce Benson, Planner Subject: Riverpointe Landing TIA US 12, 16th Avenue interchange South Centca! Region 2809 Rudkin Road, Union P.O. Box 12560 Yakima, WA 98909 -2560 509 - 577 -1600 TTY, 1 -800- 833 -6388 w"vw.wsdot.wa.gov 0 3 2007 We have reviewed the proposed project's Traffic Impact Analysis (TIA -March 21, 2007), and provided earlier comments in the form of emails to the City in response to the draft TIA. Since that time, there have been two disclosures that affect this WSDOT response letter. Specifically, it is our understanding that the primary entrance into the development from 16th Avenue will be controlled by a traffic signal. The second involves the pedestrian pathway at the 16th Avenue undercrossing to remain at its existing location. With these "assumptions" we have the following comments: As we have indicated in the past, we concur with the conclusion on page 29 that a single - lane roundabout be constructed to mitigate the development's traffic at the interchange westbound ramp terminal. This location has limited right -of -way, and is further restricted with the existing parking lot and Greenway Path. If approved, the intersection improvement must be designed in accordance with WSDOT Design Manual Chapter 915. All costs associated with this improvement (including right -of -way acquisition and modifications to the existing facilities) are the responsibility of the development. The proposed change to the traffic signal at the development's entrance raises the following requests from WSDOT as it pertains to the eastbound ramp terminal. a. The study suggests that the queuing penalty for the southbound movement on 16th (Intersection 11) is 311 feet. The distance from the eastbound ramp terminal to the primary entrance is only 450 feet. The modeled queue blocks SB traffic from entering the left turn lanes into the development. This queue also eliminates the SB weave distance. This compromising condition needs to be re- addressed. An alternative may be revising the signal phasing scheme. L (, rGa7 l Y VF `�� AK i u.. Bruce Benson, City of Yakima — DIN, October 1, 2007 Page 2 b. While the TIA references the 2010 Level of Service (LOS) at the eastbound ramp intersection of E, this is somewhat misleading. At two -way stop controlled intersections, the LOS is determined by the LOS of the worst approach. In this case, there are a total of 5 vehicles wanting to make a left or straight movement at the ramp terminal, generating the "correct" LOS of E. However, overall this intersection operates at a very efficient LOS of B. c. WSDOT requests that at the SB primary site entrance left turning lanes be designed to allow for U- turning traffic. This will permit WSDOT flexibility for minor low - cost revisions to the eastbound ramp terminal, if required after opening. d. The existing geometrics (number of lanes) at the eastbound off -ramp needs to remain. That is, the existing shared -lane for the thru /left and a separate dedicated right turn lane should remain as it exists today. The third concern is in regards to the existing ped/bicycle path that crosses US 12 on the west side of the 16t" Avenue undercrossing. This link is existing and has served the Greenway trail to the north side of the interchange. WSDOT is in support of this path and its goals. At the same time, the applicant offered an alternate route across their property connecting to the existing trail at the 6th Avenue overcrossing. WSDOT is in favor of this alternative as it enhanced the safety of the users of the ped/bike trail. It completely eliminated the conflict of an uncontrolled (EB to SB free right turn movement) intersection. We understand that the Greenway is opposed to any revision involving peds/bicyclists across the 16th Avenue structure. The only solution would be for a costly grade- separated ped /bicycle bridge across the highway. We are not prepared to require the developer to make this improvement. Rather, we request that the City encourage the proponent to include the alternate ped/bicycle route across their property, in an effort to minimize this movement across the 16th Avenue Undercrossing, and leave the existing path on the 16`' Avenue overcrossing as is. Thank you for the opportunity to comment on this project. if you have any questions or require further information, feel free to contact Rick Holmstrom at 577 -1633. Sincerely, Bill Preston, P.E. Regional Planning Engineer BP: rh cc: File #16, SR 12 Rick Gifford, Traffic Engineer Les Turnley, Area 2 Maintenance Superintendent p:\ planning\ devrev\ sr 12 \yakcity_riverpointe_TIA.doc t " } C ree�� ,- ay Fau €isd a.►�� O T_ September 28, 2007 Doug Maples Manager Building Codes and Planning Division City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima WA 98901 RE: UAZO RZ # 13 -07 WestTowne LLC Dear Mr. Maples � %' V EU11 SEP 2 2007 rI k Y OF i`6;PtIMA PLANNING W. The Yakima Greenway has had the opportunity to review the application for rezone as submitted by WestTowne LLC for a major retail center in north Yakima. The Yakima Greenway is certainly supportive of activities such as this that will vastly improve the vitality of our community. The Greenway also does not see any adverse affect this development will have on the Greenway, with one exception. We are uncertain what impacts the traffic that will be created from the impending development of this property will have on the Greenway path as it crosses from the north side of SR12 at 16`s avenue to the south side, where the pathway continues westward. It appears that the proposal is to place a roundabout on the north side of SRI and a channelized eastbound off -ramp on the south side of SRI 2. The traffic study, as presented, does not address off -site bike /pedestrian impacts of the proposal. Until such time as impacts to this non - motorized transportation corridor are known and a plan for acceptable mitigation that preserves the experience afforded by the existing pathway, the Yakima Greenway Foundation believes that the submissions are incomplete and should be returned to the proponent. The Greenway Foundations considers the failure of the proponents to disclose the impacts of such proposal as contravening the purpose of both SEPA and GMA. Sincerely Al Brown Executive Director Yakima Greenway Foundation 111 south 18th Street o Yakima, WA 98901 - 5091453 -8280 c. FAX 509 -453 -0318 E -M2il infoeyakimagv�y.org wm1w.yakimagreenway.org ..e. -- mvw hollzingerfruil.com Servil1g) the In(lelwild('nt I s)08 July 26, 2007 William R. Cook Director DCED City of Yakima 129 North second Ave. Yakima, WA 98901 Dear Mr. Cook; <IUL -. , G 20P YAKlhbk I am writing to you as a follow -up to our meeting concerning the mall project nestled between River Road and North 16 "i. Let me again reiterate that we are in favor of this project and believe it will do much to improve the neighborhood and drive away the drug dealers and prostitutes that linger in the area. As you know our property abuts the proposed project and we are concerned about disruption to our business during and after construction. Some of our immediate concerns during construction are as follows: Dust and painting from construction entering our facility in getting into our packaging machinery and product. 2. Rodent and snake migration from the property during construction 3. Damage and blocking of surface streets We also would like to register our concerns over the proposed design. 1. The plans call for a hidden parking lot that would abut the north boundary of our property. This parking lot will be a leaven for illegal activify at night if proper precautions in lighting and security are not incorporated in the design. Normal mall lighting will be inadequate. It would be even better if this lot were removed. 2. The back of a building abuts our north property line. Besides being an ugly sight this will be a haven for trash and garbage which would pose a health hazard. There were no dumpsters designated on the design. We would strongly object to trash and garbage being located within 100 feet of the property line. Again, this is a health issue. 3. It was not clear as to how high the buildings will be. Currently our signage can be seen from Highway 12. We would expect the developer to make sure our signage can be seen after construction is completed. 4. For security reasons - we are a secure facility and we would expect the developer to either extend the height of the chain link fence or place razor wire on the existing fence. 5. Traffic patterns- we and our neighbor Jeld Wen use a multiple large tractor trailer rigs everyday sometimes including weekends. The final design cannot impede their entry to our facility. rt�r INI�`:., ID 1312 NORTH 61h AVE • PO BOX 169 • YAKIMiA V% /A.SHINGTON 98907 • (509) 457 -7847 • (509) 457 -3105 F -X , hank you for your consideration of these matters. Please call me at anytime if l can be of assistance. S' Brit , , David H. Lawrence President' IN' t _ fY- July 30, 2007 Mr. Bruce Benson Yakima City Planning Department City Hall 129 N. Second Street Yakima WA 98902 Dear Mr. Benson Thank you for the opportunity to comment on the Westowne proposal to construct a major commercial center in North Yakima, between 61n and 161n As I understand the process now before planning staff is to determine if the proposal, as submitted, is complete. I also understand that the proponents are asking that the Environmental Impact Statement submitted by the Mercy Enterprises group some 10 years ago simply have an addendum attached to accommodate the new proposal. I suggest that the proposal, as recently submitted, is substantially different than that done 10 years ago. As an example, I would use the proposed configuration changes to the bridge as it crosses SR12 at 16`n. The original EIS did not address the installation of a round -a -bout on the north side of the bridge, nor did it anticipate the severance of the Greenway pathway at 161n It appears that Westowne is proposing to sever the Greenway at that point, and as mitigation, provide another pathway from 6th to 16`n along the north side of their development, adjacent to the SRI 2 fence line. While this mitigation may functionally work, it certainly defeats the experience that people will have of using the Greenway as a through pathway. Substituting the river corridor, with its wildlife, rushing river and lush riparian vegetation with a sterile pathway between a divided highway and the trash compactors, garbage cans and loading docks of a major shopping center certainly isn't what this community envisioned when it built the Greenway. I. IN 11', S,,th t8ih Sireei - Yat,Lma, VVA 9890 � ,X29 -453 -8980 FAA 509.453 -03'i8 - E. -Maif In their proposal to us, they indicated that they would build the pathway, reserving the right to remove it at any time. We were to provide the maintenance of such a pathway. They indicated that they would look to us to construct the connector between the south side of SRI at 6"' and the north side, where it would connect to the Greenway path. This would cause a financial burden on the Greenway to make the connection in order to provide the continuity. Additional and ongoing Greenway expense would therefore absorb would be the long term maintain Nance of that length of pathway, a cost that I believe would be much more time consuming and costly due to the trash and debris that tend to escape from such locations than our typical pathway. There could also be conversion issues of severing the pathway at 16`h, due to grant agreements with IAC when the pathway was constructed. While their mitigation may physically reconnect the severed ends, the experience will be substantially different, thus not the showcase pathway as presented to the community and the granting agencies. Again, we urge you to reject this proposal as an outright addendum that would allow the proponent to begin construction without a public process as we do not feel that the changes are minimal and non - substantive. Thank you —;:iW Brown Executive Director r �. October 20, 2006 Mr. Bill Cook Director of Community and Economic Development City of Yakima 129 North Second Street — 2nd Floor Yakima, WA 98901 Dear Mr. Cook: We understand the owners of a property to the east of Lake Aspen Office Park are moving forward with plans to develop a shopping mall. Our interest is mainly related to the access from LAOP to 16`h Avenue. We are requesting that you keep us informed on your position and plans for the traffic. Sincerely, Rod Knipppr, P i nt Lake Aspen O is ark Association cc: Bruce Benson, Director of Planning Department t-}�.. KDF Architecture 1310 North 16th Avenue Yakima, Washington 98902 -1354 L' 4• www.kdfaichilecture.com voice 509 -575 -5408 fax 509- 453 -0293 (,NDLEX Principals: Rod Knipper AIA David C. Franklund AIA Bnon J. Andringo AIA Dennis W. Deagi, AIA Senior Associate: Jon E Hopwood AIA, txt RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER B Maps EXHIBIT DOCUMENT DATE B -1 Maps 07/05/07 N CITY OF YAKIMA, WASHINGTON o` .; .. Ot yet, „ o VICINITY MAP 'o— ` ;.'a FILE NO: Rezone #13 -07 & EC #29 -07 q, a APPLICANT: River Pointe Landing ®® Subject Propert REQUEST: Large Regional Commercial Development \: Yakima City Limits Scale —1 in = 400ft LOCATION: US 12, N. 6th Ave, River Road and 16th Ave d ®C. 0 200 aoo9D,�o�iosio7 31006 43001 ! %' �/, ;/ ,/'•31003/, ,., /,, i;,,,i � /•i .':! 320 / /, -: • . / % /iii %j, %% ., ' / /ii,� ;;';,% �� ,ii .. %: 31005 34400 43001;% ;; ';% � 'i /i� .ii ;'� �;ii/ .,, /, /, '/r / /,•.;,' %/' 'j %; �i ;�; ,� ! 143901' '' /.'��ii �' /, :- ,�• :ii ;%, •' �;;� /, J�.'.i /'i' ,/, Vii% i /i. ,: i;;� /,r i,' :,/ i. , " /%/ 3031 ,,,i,i/ j ;/. •i ;i' „i: %/ 'ii/ ',i; / / %' / %i;% �// / % / /j //, , i 3033. / 33002 /” ii >, /, !'i'.' ; /,�� // ;i,;i�i „•� /,,,.,/ / ;/; � %;, /, {/: ' /�. . %,� /., / %'' /,,, /• %i� "i'• ;' /` // •i /�/ � //� '/ �'i '; ": %i 'i!��" ' /, :•� . 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"';,,. /i , / %i' i iii ��' /, /, ,j, ,i /,,;� - /.'; ,'i1, rri / -V'�i/ ,/r i ,,. / '.�ij ;/G %i/ i '1, -� � �,; /� /ii '�/ � /'ii" •� A�;% ”, j;, :�y" /!�., �• "''' / %,. ,ij /' h :Yi• / /' / % /, /, // /i'; %i% / /' �. / / / /,',:' %� /' / /, �/j :��43007j- 1425; / /��i.r// % //� '� / /,, / /i, .i,•,33D01,'�; %i ;�,/ i�:' .,•, /- ,.•' ;j', ";i ,�r;i r' /L,',ii / , %, / /�i /�, /i �;'" / ; /", 34404 / /;.!; :% ' / "�i -/� ,i i- �% r, /// • j. �, 33D05 ; •/, , ;'�i / / /. / / %; / `' . / • i' 34405 %ii �, /,, , 34 //i /r ;.% %';' // / �;/ %; // '// " /',i 34406/,11;' / /;' / %'/ % /� /'/ /, %/% r.'' ;' /, /�i:>bi, /ni „� 43039%. Z- 5 ' /i ;7 ;i /', jY i/ 'i /.• "ii; '; i%' /i / � /�! '�:'. /�i/ /�! 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'i,' . % /'i., / i;; .214D2' /. :' � � �, /,•, I % ', %, !'. ,•' / „�' /,,, ,, �i Vii/ �i, ''i, �,'7i %� ,/1;., 22006!; ;i.,.' /�i %� / / %!'; "i %' %' i; i, /;,,. ,i. /,„ �'• /, /, %;1111 /;-i, °i' /�;' ,:• /, y /• '/, ,22002 i /i, ;�', . %' ,/, � 'i %� %%/ ; %: %; % %:i i�:; CITY OF YAKIMA, WASHINGTON Property Notices FILE NO: Rezone #13 -07 & EC #29 -07 APPLICANT: River Pointe Landing N Subject Site REQUEST: Large Regional Commercial Development vi Y o o LOCATION: US 12, N. 6th Ave, River Road and 16th Ave e �r PARCEL NUMBER(S):18131231007 18131231005 18131234400 8131R:aA-4iPJ40&-B °4402 1813 0 200 4MD pne130707105107 # <Z i r� � '.34. Rezone#13 -07 & EC #29 -07 River Pointe Landing Large Regional Commercial Development US 121 N. 6th Ave, River Road and 16th Ave t* Subject Property City Limits SR Suburban i ntial R -1 Single - Family Residential R -2 TWOTamilvResidential R-3 Multi Family Residential _ J B -1 Professional Business B-2 Local Business RB Historical Business �_. SCC Small Convenience Center LCC Large Convenience Center CBD Central Business District ED CBDS CBD Support 0 M -1 Light Industrial M-2 Heavy Industrial Scale —I in = 40011 City of Yakima, Washington 0 200 400 �V ,1.07 S July 05, 2007 011 rift r�� • p.P t f e: N 0 Ck U W tN 0 t M ti Cl C O �i �.. ' � ..•.. � 1� i1i1IM � "9041 FFFFFF N CITY OF YAKIMA, WASHINGTON Scale — Iin =400ft "Mmmm%=� A Information Services - GIS o uKi V f FILE NO: Rezone# 13 -07 & EC #29 -07 APPLICANT: River Pointe Landing Subject Property REQUEST: Large Regional Commercial Development Yakima City Limits DO' LOCATION: US 12, N. 6th Ave, River Road and 16th Ave INDEY„e130707 /05/07 -0 .Y Low .4 _ «10.,, s .•. .......i. ................. sue• •N.' • .. • .i..•• ► :.: .......::::i •.. .: .►i w•w••�! #. • w��t w1• •,•,►w h.. l ^ •J t, M. 11,•M•w 1•��'.,' ••.•f N•w1•• t �w 1. 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L. r••ff. r•. \1 •,r to . •f•••rr• 5 �.. ' � ..•.. � 1� i1i1IM � "9041 FFFFFF N CITY OF YAKIMA, WASHINGTON Scale — Iin =400ft "Mmmm%=� A Information Services - GIS o uKi V f FILE NO: Rezone# 13 -07 & EC #29 -07 APPLICANT: River Pointe Landing Subject Property REQUEST: Large Regional Commercial Development Yakima City Limits DO' LOCATION: US 12, N. 6th Ave, River Road and 16th Ave INDEY„e130707 /05/07 Current Zoning CURRENT Z SR Suburban R R-I Singlefam R-2 Twofamil, P R-3 Multi -Famil B-4 Profession ■ B-2 Local Busir ■ HB Historical E SCC Small Con . LCC Large Con . CBD Central BL CBDS CBD Sup M4 Light Indus M-2 Heavy Indu Subject Site Future Land Use Yakima Water & Sewer NWater Lines NSewer Lines Irrigation Main FILE NO: R -ons#1 a -078 EC #29-07 APPLICANT: River Pointe Landing Digital Orthophoto Mosaic of Digital Orthophotography flown 08/01/2002 G f Low Density Residential Current Zoning CURRENT Z SR Suburban R R-I Singlefam R-2 Twofamil, P R-3 Multi -Famil B-4 Profession ■ B-2 Local Busir ■ HB Historical E SCC Small Con . LCC Large Con . CBD Central BL CBDS CBD Sup M4 Light Indus M-2 Heavy Indu Subject Site Future Land Use Yakima Water & Sewer NWater Lines NSewer Lines Irrigation Main FILE NO: R -ons#1 a -078 EC #29-07 APPLICANT: River Pointe Landing Digital Orthophoto Mosaic of Digital Orthophotography flown 08/01/2002 liir'i tN 4p i - A-%-- -I" r �r ' r •. -4 a 1: • ., I f1� _ r CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPEMENT 129 North Second Street Yakima, Washington 98901 Phone: (509)575 -6113 DOC Fax: (509)575 -6105 INDEX All maps shown at 1" = 6ttb —1 One page Atlas: rezonel3Qb Created: Julv 05 2007 FUTURE LAND USE Low Density Residential Medium Density Residential High Density Residential Professional Office ■ Neighborhood Commercial MLarge Convenience Center ( Arterial Commercial ■ CBD Core Commercial Industrial �t Urban Reserve NSubject Site liir'i tN 4p i - A-%-- -I" r �r ' r •. -4 a 1: • ., I f1� _ r CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPEMENT 129 North Second Street Yakima, Washington 98901 Phone: (509)575 -6113 DOC Fax: (509)575 -6105 INDEX All maps shown at 1" = 6ttb —1 One page Atlas: rezonel3Qb Created: Julv 05 2007 RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER C Site Plan EXHIBIT DOCUMENT DATE C -1 Site Plan 11/16/07 -4 -ECEIVED A %J I A7 E A;: TQ c0 0 III Go, J 0 Ul, L - - ON A A .......... A5, . .77 y q T T m, _ Li 43 cam C6 i ai g 44 INDEX # 16th AVENUE L -T 77- A7 E A;: TQ c0 0 III Go, J 0 Ul, L - - ON A A .......... A5, . .77 y q T T m, _ Li 43 cam C6 i ai g 44 INDEX # RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER D Development Services Team (DST) EXHIBIT # DOCUMENT DATE D -1 DST comments from Al Rose, Engineering Division, City of Yakima 07/20/07 D -2 DST comments from Daniel Ford, Design Engineer, City of Yakima 07/25/07 D -3 Comments from Mike Shane, Water/Irrigation Division, City of Yakima 07/25/07 Waterfirrigation DST Comments Applicant: WestTowne, LLC Comments Submitted By: Location: N. 6th Ave. - N. 16th Ave. and River Rd. Mike Shane, Water /Irrigation Engineer - 576 -6480 Parcel #: 181312.31777, 31005, 34400, 34401, 34402, Division: 34403, 34404, 34405, 34406, 33001, 33002, Water /irrigation Division 33003, 33005, and 181313 -33002 and 22001 Date: 7125/2007 1= primary review 2= secondary review Development Description: 0 Rezone of approximately 80 acres of property from M -1, Light Industrial and B- m m 1 Professional Office to LLC, Large Commercial Center ffi E E 5 a _@ ci F m w � 3 WATER & IRRIGATION existing water location, size, etc. Existing looped 12" waterline N. 6th Ave. Existing looped 12" waterline in N. 16th Ave. approx. 450' south of the site. Existing dead -end 12" waterline stubbed to the site near the southwest corner of the site. Existing looped 16" waterline in River Rd. Site does not currently have any domestic water services. Site is located in the Low Level Pressure Zone. Static pressure 1 z 1 approx. 66 - 76psi, water extension necessary, size A new 12" waterline will need to be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout of the new waterline on the site will be determined during the design review process, depending on the required location of new fire hydrants and water services/water meters. Based on a preliminary fire flow requirement of 4,000gpm and water system modeling data, a new 12" waterline will need to be extended south from the new on -site waterline (following the proposed access /driveway) to River Rd. This, in addition to the waterline connections in N. 6th Ave. and to the 12" waterline stub at the southwest corner of the site, will provide the site with adequate fire flows while not exceeding the maximum water system velocity of 9fps. A new 12" waterline will need to be extended in N. 6th Ave. from the existing 12" waterline north approx. 250' to meet the new waterline alignment shown on the preliminary site plan. All water service/meter sizes and locations will be determined at the time of design review. Meters will 1 2 be situated to allow for reading access as well as future maintenance. fire hydrant Nearest public fire hydrants are located south of the site in an easement on private property behind the existing theater. It should not be expected that these fire hydrants provide coverage to the proposed site. All new fire hydrant, fire sprinkler system service and FDC locations to be determined by Codes and 1 2 2 Fire Dept. new public easements A 16' public waterline easement is required for all public water facilities located 21 11 1 1 on the site. LID /connection charges All connection charges based on size of service/meter required for each building /tenant. Domestic Charge (7.56.050) (+ 20% taxes) (per meter). Base Irrigation Charge - (7.56.060) (+ 20% taxes) if using domestic water for 1 2 irrigation. service installation charges Service Installation Charge (7.68.043) (+ 20% taxes). Costs dependent on size of service and meter required to serve each building /tenant. Costs for water services 1 1/2" and larger to be estimated. All water services and meters to be installed by City of Yakima. Contact Alvie Maxey (575 -6196) for costs and 2 1 to coordinate work. 1 1 public/private system Public 11 Fireflow calculations Available fire flow from looped 12" waterline (as described above) - 6,000gpm 1 2 2 WellHead Protection Area No Irrigation System No City irrigation. Site is within the Old Union Ditch Co. service area. It is strongly encouraged that the new development utilize the available irrigation water for their site irrigation. Also, there are Old Union Ditch Co. irrigation pipes and facilities on the site that provide service to other areas of their system. The project will need to identify the location of the pipes and facilities and identify them on the site utility plan. Depending on the location and condition of the pipes and facilities, the development may need to replace them in there existing location or relocate to a new location. Contact Glen Brower at 949 -8430 for z 1 1 more information. Misc. Comments Approved double detector check backflow assemblies to be installed on all fire sprinkler services. Approved double check backflow assembly required on domestic water service for all buildings 30' or greater in height. Assemblies may be installed inside mechanical room. Approved double check backflow assembly required on all domestic irrigation service connections at thed6rittt of 2 connection. C. 1 P -3 - Water /irrigation DST Comments Applicant: WestTowne, LLC Comments Submitted By: Location: N. 6th Ave. - N. 16th Ave. and River Rd. Mike Shane, Water /Irrigation Engineer - 576 -6480 Parcel #: 181312.31777, 31005, 34400, 34401, 34402, Division: 34403, 34404, 34405, 34406, 33001, 33002, Water /irrigation Division 33003, 33005, and 181313 -33002 and 22001 Date: 712512007 1= primary review = secondary review Development Description: Rezone of approximately 80 acres of property from M -1, Light Industrial and B -1 Professional Office p g to LLC, Large Commercial Center a YI y •i5 WATER & IRRIGATION existing water location, size, etc. Existing looped 12" waterline N. 6th Ave. Existing looped 12" waterline in N. 16th Ave. approx. 450' south of the site. Existing dead -end 12" waterline stubbed to the site near the southwest corner of the site. Existing looped 16" waterline in River Rd. Site does not currently have any domestic water services. Site is located in the Low Level Pressure Zone. Static pressure approx. 66 - 76psi. 1 2 water extension necessary, size A new 12" waterline will need to be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout of the new waterline on the site will be determined during the design review process, depending on the required location of new fire hydrant and water servicestwater meters. Based on a preliminary fire flow requirement of 4,000gpm and water system modeling data, a new 12" waterline will need to be extended south from the new on -sit waterline (following the proposed access /driveway) to River Rd. This, in addition to the waterline connections in N. 6th Ave. and to the 12" waterline stub at the southwest corner of the site, will provide the site with adequate fire flows while not exceeding the maximum water system velocity of 91ps. A new 12" waterline will need to be extended in N. 6th Ave. from the existing 12" waterline north approx. 250' to meet the new waterline alignment shown on the preliminary site plan. All water servicelmeter sizes and locations will be determined at the time of design review. Meters will be situated to allow for reading access as well as future maintenance. 1 2 fire hydrant Nearest public fire hydrants are located south of the site in an easement on private property behind the existing theater. It should not be expected that these fire hydrants provide coverage to the proposed site. Ali new fire hydrant, fire sprinkler system service and FDC locations to be determined 1 21 2 by Codes and Fire Dept 2 1 new public easements A 16' public waterline easement is required for all public water facilities located on the site. LID /connection charges All connection charges based on size of service/meter required for each buildingttenant. Domestic Charge (7.56.050) (+ 20% taxes) (per meter). Base Irrigation Charge - (7.56.060) (+ 20% taxes) 1 2 if usina service installation charges Service Installation Charge (7.68.043) (+ 20% taxes). Costs dependent on size of service and meter required to serve each building/tenant. Costs for water services 1 1/2" and larger to be estimated. All water services and meters to be installed by City of Yakima. Contact Alvie Maxey (575 2 1 619 for is and to coordinate work. 1 11 1 public /private system Public 1 1 1 21 1 2 11 Fireflow calculations Available fire flow from looped 12" waterline as described above - 600 WellHead Protection Area No Irrigation System No City irrigation. Site is within the Old Union Ditch Co. service area. It is strongly encouraged that the new development utilize the available irrigation water for their site irrigation. Also, there are Old Union Ditch Co. irrigation pipes and facilities on the site that provide service to other areas of their system. The project will need to identify the location of the pipes and facilities and identify them on the site utility plan. Depending on the location and condition of the pipes and facilities, the development may need to replace them in there existing location or relocate to a new location. Contact Glen Brower at 949 -8430 for more information. 2 Misc. Comments Approved double detector check backflow assemblies to be installed on all fire sprinkler services. Approved double check backflow assembly required on domestic water service for all buildings 30' or greater in height. Assemblies may be installed inside mechanical room. Approved double check backflow assembly required on all domestic irrigation service connections at the point of connection. EIS Addendum (Page 30, last paragraph), state that "A new water main would be constructed jointly by the City and WestTowne LLC prior to project development...... ". All new public waterline required to provide adequate fire flow and service to the site will be constructed by the developer at 21 1 1 1 11 Ithe developers expense. DOC. INDEX Benson, Bruce From: Ford, Dan Sent: Wednesday, July 25, 2007 7:31 AM To: Benson, Bruce Cc: Rose, Al; Sheffield, Brett Subject: Riverside Mall - Rezone.doc Please find attached the following DST review comments. Development Services Team Engineering Review Comments To: Bruce Benson, Supervising Planner From: Daniel S. Ford, E.I.T. — Design Engineer Re: DST — Riverside Mall Rezone Application Project No. Engineering Development No. 072227 Engineering has the following Comments: Due to the nature of this application, it does not appear to incorporate Engineering level detail though some general planning /design concepts are introduced. With this in mind Engineering has the following general comments: All improvements, street and utilities shall meet all City of Yakima development standards which may include additional right -of -way dedication and /or frontage improvements along both 16th Avenue, 6th Avenue as well as the River road tie in location. The 16th Avenue improvements shall extend to State Route 12 and the WSDOT boundary. Future application will need to address street and utility improvements and shall include Civil Engineering detail plans and specifications. 7/25/2007 DOC, INDEX # D -2 REQUEST FOR COMMENTS ,ngineenng TO: City of Yakima. Development Services Team DATE: July 16, 2007 FROM: Bruce Benson, Supervising Planner SUBJECT: Notice of Application received from WestTowne, LLC, concerning property located in the vicinity of le Avenue and River Road. UAZO RZ #13 -07 and UAZO EC #29-07 PROPOSAL: The rezoning of approximately 80 acres of property from M -1, Light Industrial and B -1 Professional Office to LCC, Large Commercial Center. LOCATION: The subject property is located east of N. 100 Avenue, west of N 6t' Avenue, south of Highway 12 and north of River road. PARCEL #: 181312 - 31777, 31005, 34400, 34401, 34402, 34404, 34403,34405, 34406, 33001, 33002,33003,33005 and 181313 - 22002,22001 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held July 25, 2007 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is bbenson @cLyakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at (509) 575 -6042. COMMENTS: ��� � J �O cc- ro�t-� R� -�-t� G� --�-c� Co w. S• Contact 6= /1JG(NE�te -mjC Department / Agency DQC. INDEX COMMENTS WEST TOWN, LLC 7 -20 -07 TO: Bruce Benson, Supervising Planner FROM: Al Rose, Project Engineer / SUBJECT: UAZO RZ #13 -07 and EC #29 -07 STORMWATER COMPONENT There are two parts to the Stormwater Component of this development project. 1) Stormwater related to the onsite development. 2) Stormwater related to the public road improvements. NOTE: All Stormwater design must be done in accordance with the Stormwater Management Manual for Eastern Washington, and the City of Yakima Stormwater Management Guide. Each part is a separate issue and there must be a separate submittal or design for each. The main difference between the two is that the onsite Stormwater runoff is to be retained onsite and the facilities designed for it are to be maintained by the Development, while the road improvement Stormwater runoff is to be included in the roadway improvement design and the facilities will be maintained by the City of Yakima. Onsite Stormwater design may be included in the Site plans, but it must be detailed enough to clearly show that the design will retain the runoff and the submittal shall include the details and runoff calculations supporting the onsite design. The Stormwater design for the public road improvements shall be included in a separate set of Civil Design plans for the roadway improvement and also be detailed enough to show that the system will adequately address the runoff. As with the onsite design, the roadway stormwater design calculations shall be submitted to the City for review. The Stormwater Design for both systems will ultimately be reviewed by the City Engineer, however, the roadway improvement plans and roadway stormwater design will be reviewed as a Private Civil Public Works Project and will require a review and inspection fee based on the Improvement Valuation. Inspection of the construction for this part of the development will be done by the City Engineering inspectors. The Onsite design will be reviewed for the City Code Division for their inspection purposes. [HOC. NDEX RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER E SEPA Review EXHIBIT # DOCUMENT DATE E -1 SEPA Check List 03/21/07 E -2 Notice of Application for Environmental Review and Preliminary MDNS (SEPA) 10/25/07 E -3 Agencies and Parties Notified 10/25/07 E -4 Affidavit of Mailing 10/25/07 E -5 Legal Notice 10/25/07 E -6 Press Release 10/25/07 E -7 Notice of Decision (SEPA) 11/19/07 E -8 Agencies and Parties of Notified 11/19/07 E -9 Affidavit of Mailing 11/19/07 E -10 Legal Notice 11/19/07 E -11 Press Release 11/19/07 Press Release WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON November 19, 2007 PROJECT DESCRIPTION: This Environmental Review concerns the rezoning of approximately 80 acres of land to be used for the construction of a new shopping center. This center, upon completion, will consist of 806,700 square feet of new retail space. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone request is for LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 140`h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`" Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312 - 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. L �� f 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`" Avenue and 6`" Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`" Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. River Pointe Landing EC #29 -07 2 N 16" Avenae at Highway 12 L� —( 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Ouality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Ouality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`" Avenue, and North 6`" Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`" Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16` Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. River Pointe Landing EC #29 -07 3 _ N 16'I' Avenue at Highway 12 �� c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16`h Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34`h Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4%) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6`h Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians River Pointe Landing EC #29 -07 4 N 16`'' Avenue at Highway 12 �` � Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6`" Avenue. D. Frontage improvements: Unless otherwise stated the half- street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading /excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. CONTACT PERSON: Contact Bruce Benson, Supervising Planner at (509) 575 -6042, or e -mail to bbenson @ci.yakima.wa.us for more information. r— There is no comment period for this MDNS River Pointe Landing EC #29 -07 5 N 1 G`�' Avenue at Higlnvay 12 1. r.. This MDNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days fi-om the date of this preliminary threshold determination. Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 °d Street, Yakima, WA 98901 Date November 19, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at � 129 N 2nd Street, Yakima, WA 98901. No later than: December 3, 2007 By (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. F There is no agency appeal. River Pointe Landing EC #29 -07 6 _ N 16'x' Avenue at Highway 12 � —1 � Legal Ad WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON November 19, 2007 PROJECT DESCRIPTION: This Environmental Review concerns the rezoning of approximately 80 acres of land to be used for the construction of a new shopping center. This center, upon completion, will consist of 806,700 square feet of new retail space. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone request is for LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520140 1h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, 1'. /0 construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water- and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20%) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: River Pointe Landin g EC #29 -07 ., N 16 `' Avenue at Highway 12 A. Air Ouality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`h Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`h Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16` Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. River Pointe Landing EC #29 -07 3 N 16'1'A ventie at Highway 12 IND, ._h' �-/D 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16`h Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34`h Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier- adjacent to the bike path on the SR 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6th Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter- and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6th Avenue. D. Frontage improvements: Rives- Pointe Landing EC #29 -07 N 16`l' Avenue at Highway 12 11 Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half - street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading /excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. CONTACT PERSON: Contact Bruce Benson, Supervising Planner at (509) 575 -6042, or e -mail to bbenson @ci.yakima.wa.us for more information. I` There is no comment period for this MDNS F_ This MDNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. Responsible official: William R. Cook River Pointe Landing EC #29 -07 N 16`x' Avenue at Highway 12 5 Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2 °`' Street, Yakima, WA 98901 Date November 19, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at W 129 N 2nd Street, Yakima, WA 98901. No later than: December 3, 2007 By (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. F There is no agency appeal. River Pointe Landing EC #29 -07 6 ` N 16`x' Avenue at Highway 12 Fri( STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: EC #29 -07 Westowne N. 16'h Ave & US 12 I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of MDNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property and SEPA Agencies and that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 19th day of November ,2006. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. i� 1 yt v Yl � nn 7 Myron Menard Planning Specialist 181312 -33005 18 313 -2 02 18 313 -2003 ALBERT D. LANTRIP AL ERT AN I -0 AL R/A,2 CHE 808 PIONEER LN 80 P NEE 13 3 T AVE YAKIMA, WA 98903 -1344 YA WA 98903 -1344 YA I 98902 181313 -22004 ALFRED BUCHELI 1313 N 16TH AVE YAKIMA, WA 98902 1 1312 -43001 B RLING NORTH N RAILROAD P BO 96 089 F T ORTH T _"_'as 76161 -0089 181312 -43900 BURLINGTON NORTHERN -SANTA FE RAI PO BOX 961089 FORT WORTH, Texas 76161 -0089 181313 -21003 CM HOLTZINGER FRUIT CO LLC 1312 N 6TH AVE YAKIMA, WA 98902 181312 -43033 GERALD V & JOAN D KLINGELE 2106 W YAKIMA AVE YAKIMA, WA 98902 181312 -34403 KATHRYN I & KURT E 6122 BAYVIEW DR MUKILTEO, WA 98275 181313 -22006 ANDREWS & BARTON CO 280 AMES RD* SELAH, WA 98942 18132 -43001 BURLINGTON OR ERN ILROAD PO B X 96 89 FORT 0 H, Texas 76161 -0089 1813 3 -12 3 BNSF RA �LRO D PO B 96108 FORT WORTH, Texas 76161 -008( 181312 -43 1 � B LING N OR ERN RAILROAL PO BO 96108 FO WORTH, Texas 76161 -0085 t 181 12 -4390 181 12 -43902 BUR INGTON 0 THERN SA FE RAI BUR INGTON ORTH -SANTA FE PO OX 9 089 PO B X 9 089 FORT WO H, Tex s 76161 -0089 FORT W RTH, Texas 76161 -0085 181 13 -2100 CM L��AVE LLC 1312 N YAKI 98902 181314 -11423 HARLAN D & BARBARA DUNN 4725 KONNOWAC PASS RD WAPATO, WA 98951 -9671 181312 -43007 EIMS KATHRYN/A& KURT E MS 61221 BXYVAEW MUKI EO, 98275 181312 -43039 KENNETH W CYR 1000 S IDAHO RD # 428 APACHE JUNCTION, Arizona 85219 -6 181311 -44400 LAKE EDGE ENTERPRISES LLC 5816 SCENIC DR YAKIMA, WA 98908 181311 -44406 PDK DEVELOPMENT LLC PO BOX 9493 YAKIMA, WA 98909 -9493 1 31 KE LC JUNC TH C R 10S DAH0 R # 428 AP TION, Arizona 85219 -6 181312 -42412 MUELLER HOP PRODUCTS INC 1716 GORDON RD YAKIMA, WA 98901 -1710 1 1312- 07 R BERT O. AB MSO 20 8 1S S YAK A, WA 98901 -1735 David LaWr'ence — Pre. 181313 -21402 CM HOLTZINGER FRUIT CO LLC 1312 N 6TH AVE YAKIMA, WA 98902 181314 -11422 JAMES L & MARCIA SMITH 1320 N 16TH AVE #A YAKIMA, WA 98902 1312 -43 5 KA HRYN & T D EIMS 61 2B VIEW DR MUK EO, WA 98275 181313 -22007 LAB INVESTING CORP 11 HILLCREST DR KEARNER, Nebraska 68845 181314 -11431 NORTHWEST FARM CREDIT SER IN 1330 N 16TH AVE YAKIMA, WA 98902 -1354 1 312 -4 08 RO ERT HAMSON 200 1ST v. YAKIMA, WJWW Xl -1735 181312 -42009 181314 -11420 181 ROBERT 0. ABRAHAMSON RODNEY K & H DUNN DBA /KNIPPER DU RO BA /KN IPPEI 2008 N 1ST ST 1310 N 16TH AVE 13 16TH AVE YAKIMA, WA 98901 -1735 YAKIMA, WA 98902 YAKIMA, WA 98902 -1354 181314 -11425 181312 -43035 RODNEY K & H DUNN DBA /KNIPPER DU SALVADOR CORNEJO 1310 N 16TH AVE 1413 N 6TH AVE YAKIMA, WA 98902 -1354 YAKIMA, WA 98902 181312 -43004 TERESA R M GRISWOLD 1415 N 6TH AVE YAKIMA, WA 98902 181312 -31007 WESTTOWNE LLC 6402 TACOMA MALL BLVD TACOMA, WA 98409 18 312 -33003 WE TTOW LLC �� 64 2 /ACOM M'L BLVD TA O A, WA 8409 181312 -43031 WALTER & MINETTE RECORD 280 AMES RD SELAH, WA 98942 1 1312 -33 VABLVD r� WE TTOWN 64 2 T OM TAC , WA d 16')L312- 34400_ WEkTTOWN LLC 6402 T�1 O A MVD TAC W 9 18�j3 12 -34402 D WES,TTOW�Y LLC 640 T jACO A MA B VD TAC6,,k� , W 9 '4 0 9 181112-34405 WES TOW LLC 640 C A AL VD TACO , WA 98409 1813;3-21404 WEST OWN LC 6402 TA OM M L B D TACO , WA 409 181312 1003 AKI G EENWAY OU �DATION 11 S 18 ST IMA, WA 901 -2149 181312 -32002 YAKIMA GREENWAY FOUNDATION 111 S 18TH ST YAKIMA, WA 98901 -2149 181313 -22405 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 61 labels printed for map sheet *- ( Ap-p 181 LT -34404 WES 640 TAC / WA 409 181 12 -34406 WES TOWNE C 6402 TA A MAIL, BLVD TACO WA 09 18f 1/COMVLL 01C 640 BLVD TAC A, WA 9 1 1312 -3 6 Y KIM RE WAY F UN TION 11 18TH T YAKIMA, WA 98 01 -2149 181313 -12021 YAKIMA MANUFACTURING PO BOX 1329 KLAMATH FALLS, Oregon 97601 rezone1307 181314 -11432 T P C LLC 1340 N 16TH AVE # B YAKIMA, WA 98902 181312 -31005 WESTTOWNE LLC 1520 140TH NE # 200 BELLEVUE, WA 98005 181312 3002 WE�TTO- E LLC 64p2 A OM SMALL BLVD TA MA, 98409 18 312 -34 01 WE TTOW LLC 640 T CO A M BLVD TAC W 409 1 1312 -34404 WE TTOWN LLC --�� 64 2 O A LAS L BLVD TA �, W 8409 18 313 -21004 WE TTOWN LLC 64 2 T O A ALL VD TAC WA 98409 181 12 -310 YAK MA �WA FO NDATION 111 S�18TH YAKIMA, WA 98901 -2149 1 1312 -3 �YF Y KIMA NDATION 11 8T YAKIMA, WA 98901 -2149 181313 -22406 YAKIMA THEATRES INC PO BOX 50 YAKIMA, WA 98907 Ron Morton 717 South 8th Ave Yakima, W&(,)?98902 INDETX Jerry Moli;.tor_. River Pointe Pointe Landing 1520 140th Ave NE Ste #200 Bellevue, WA. 98005 1D -RG, SEPA Reviewer Mr. Greg Griffith .rmy Corps Dept. of Natural Resources O Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. eattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Dept of Soc/Health Service Cascade SNatural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1 Ave 1433 Lakeside Ct. Ste102 Ol ympia, W Yakima, WA 98902 OBa, W A 98504 Yakima, WA 98902 Olympia, Chamber of Commerce Dept. of Health City of Union Gap 10 N 9`h St. Michelle Vazquez PO Box 3008 Yakima, WA 98901 1500 W. 4`h Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6S.2 d St., Room 1016 2809 Rudkin Road 8S.2 nd Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6`'' Ave. MS 623 128 North 2nd Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 qr. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section t28 N 2 °d St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 vlr. Vern Redifer Yakima Co Pub. Services WA State Emergency Mgmt. Div. Pacific Power .28 N 2nd St., b. Floor Mitigation, Analysis & Planning Mike Paulson Yakima, WA 98Flo Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Cultural Resources Program ,4r. Bill Bailey Johnson Meninick Mgr Dept. of CTED , (akima Cnty Dev. Serv. Ctr. Growth Management Services 28 N. 2nd St. 4`'' Floor Yakama Indian Nation PO Box 151 PO Box 42525 Cakima, WA 98901 Toppenish, WA 98948 Olympia, WA 98504 -2525 nr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation !akama Indian Nation YVCOG '0 Box 151 311 N. 4d' Street STE 202 Environmental Protection Prog. 'oppenish, WA 98948 Yakima, WA 98901 PO Box 151 Toppenish, WA 98948 '... � -8 Federal Aviation Administration Environmental Coordinator Cayla Morgan, Airport Planner Mr. Doug Mayo Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 °d St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck D.O.E., Shorelands & Environ. Dept. of Fisheries 1606 Perry St Suite F PO Box 47600 1701 S. 24`s Ave Yakima, WA 98902 Olympia, WA 98504 -7600 Yakima, WA 98902 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District Yakima Greenway Foundation WV School District Attn: Ben Soria Attn: Peter Ansingh m 111 S. 18 St. 104 N. 4 Ave Yakima, WA 98901 8902 Zier Road Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) November 19, 2007 On October 25, 2007 the City of Yakima, Washington issued a Preliminary MDNS for the rezoning and subsequent construction of a new 806,700 square foot shopping center on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone requests LCC, Large Commercial Center zoning. The rezone was previously noticed and a hearing date of December 13, 2007 was set. This hearing will occur at 9:00 am in the City Council Chambers. Land Owner: WestTowne, LLC 1520 140'h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 Location: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. Parcel Numbers: 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 File Number: UAZO EC #29 -07 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 calendar days following the date of mailing. The appeal period ends at 5:00 pm on December 3, 2007. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The fee of $505.00 must accompany the Appeal Application. Fpr-� nformation oyan!ffa , ,, you may wish to contact Bruce Benson, Supervising Planner at (509)575- e City Plaoing Division. Planning & Code Administration Manager Notice of Decision Mailing Date: November 19, 2007 Enclosures: Final SEPA Mitigated Determination of Nonsignificance Site Plan, Vicinity Map and Mailing Map X �-7 WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON November 19, 2007 PROJECT DESCRIPTION: This Environmental Review concerns the rezoning of approximately 80 acres of land to be used for the construction of a new shopping center. This center, upon completion, will consist of 806,700 square feet of new retail space. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone request is for LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520140 1h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312 - 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. S. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 River Pointe Landing EC #29 -07 2 N 16'1'A venue at Highway 12 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`h Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the Rives- Pointe Landing EC #29 -07 3 N 16 "' Avenue at Highway 12 " R related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`h Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`h Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27%) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16`h Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34`h Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this River- Pointe Landing EC #29 -07 4 N 16`x' Avenue at Highway 12 Ef development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34th Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6th Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6th Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16th Avenue and N. 6th Avenue. D. Frontage improvements: Unless otherwise stated the half- street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of T1tle12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. River Pointe Lauding EC #29 -07 5 N 16t' Avenue at Highway 12 �-7 E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading /excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. CONTACT PERSON: Contact Bruce Benson, Supervising Planner at (509) 575 -6042, or e -mail to bbenson @ci.yakima.wa.us for more information. F There is no comment period for this MDNS Fv-o This MDNS is issued under WAC 197 -11 -340. There is no further comment period on the MDNS. F This MDNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days fi-om the date of this preliminary threshold determination. Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official River Pointe Landing EC #29 -07 6 N 16`x' Avenue at Highway 12 —7 �� I �_._ Phone (509) 575 -6113 Address: 129 N2"0 Street, Yakima, WA Date November 19, 2007 Signatur .t You may appeal this determination to: ug Mapl s, Building Codes & Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. No later than: December 3, 2007 By (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. F There is no agency appeal. River Pointe Lauding EC #29 -07 7 N 16`x' Avenue at Highway 12 I •� i oo . �♦ 1 y0 I ANCHOR 21,000 SF ti e, BIG Box Tl ~ 101,250 SF ANCHOR 25,000 SF DETENTION AREA 0 ARC+LTECT. -rfnN . �A FlC Avr, eNlx dd. I.V42CYOr TACn41. MA 4bl s i t sms T3 all 0ir O rA.x1G STA 9 COlfALT. IRRI laz/Trn 413- Tn -rrAr ,m colour, ceEG LDDUr I4 Y M4 TTrGLL -r-e 9 rA.AUn rArxd� srAU.s. PARCEL_ Y, ea341bM LEGAL -d D c/RIPTIAV, eQ [L1% /1.W d4 x 3.4 TTrK4L 517E ADORE55� 3 n 110a14Y if LT1 $!<y1P�RY, e N IeTN AVEMIL M 9 T/Af1'i .0 BIG BOX 141,400 SF 1 �c�GOSf S 6 � Lcc - LIKr rcrvPTrD+cr cdru •••• •-._ . ••• •• •••... Ual 134 { Pud A,v f, 3, SI. »S. lyd. Arm 110, 4.3/1 S %iArmeP O`' ® 1M, l I1 + TI1 si owc j aw l awn » pIIllllllllll l 11 n 1 1111111111111 nI11111111110 _ JR. ]p, i] 1H 3 3 A N a - YRETAIL 70005E (WILWIlin O�N RETAIL ® 7,0005E t 32,300 SF 001,1 sP .'TAI amL QtIIIIIIIII IIIOIIIIII IIIO c _ PESL ,2 L D �f .500 / ETAI 7,000SF _ �- ETAI 7.0005E RETAIL 1W / FE ETA] ,7005 tfl UIII I'll 11 J Q UIIIIII� +� fIT1Ti + lilliffillill F RETAIL Ft R TAIL � RETAIL ,,100'L 11,00 SE _ 11,150 SF 4. A Jl ANCHOR 53•� RETAIL P p `ll — _ - — 14,4005E rn awfIli nl lm? CINU1nuHnun HAlunI HID — wEArtowxe can. f{ RETAIL 13,6005E H� RETAIL RETAIL 11,100 SF � Q /E$ fA�RET A. AYr, >A t4.xO Cfl'GQT101( R10 tblM AYS lLTt3 SW ARC+LTECT. -rfnN . �A FlC Avr, eNlx dd. I.V42CYOr TACn41. MA 4bl s i t sms T3 all 0ir O rA.x1G STA 9 COlfALT. IRRI laz/Trn 413- Tn -rrAr ,m colour, ceEG LDDUr I4 Y M4 TTrGLL -r-e 9 rA.AUn rArxd� srAU.s. PARCEL_ Y, ea341bM LEGAL -d D c/RIPTIAV, eQ [L1% /1.W d4 x 3.4 TTrK4L 517E ADORE55� 3 n 110a14Y if LT1 $!<y1P�RY, e N IeTN AVEMIL M 9 T/Af1'i .0 '^ TOTAL ElYlpl.G ARIA. AO{,JW N K I.Iltall: rrco rex TcK. ],w �� i0IA1 rAAw1G rlvTnom, 1091 Lcc - LIKr rcrvPTrD+cr cdru •••• •-._ . ••• •• •••... 1 f f it SIR r! I I <I a it iG ;�y elr {ummery A, '!"-$F Perklnp peo Nor. Td L. Ara • 3.113. Id Ta.l Sant•: ee a% Tar 6u14 Ne. 00e,J D. Ta Pede.INnP°k ]A, ebrl. n,130 Q Ual 134 { Pud A,v f, 3, SI. »S. lyd. Arm 110, 4.3/1 S %iArmeP c><.nrr Rebl 1M, d 5w. •TW 1%°13do.. rd kckbwSerNre+ p—d w... mo..eJ. J—x -Our. YrYtls: Od.rIM r� N our peen eps..uck M nes V Popab eoxdLlr W .M tack. Bulldln IJ.1 A— 5 Perklnp peo PAIN tiyu+nd ftmnq R.5. P,MW g P—d rer c.d. Per Cod. Prodded B em ]A, ebrl. n,130 Q s31+ + »S. 1131. TSO 4) 4.3/1 c><.nrr Rebl 1M, d 5w. I1 + TI1 R..r.nd(F�.s ) +P. aw l awn » +.r+ r Mdei . ) ]p, i] 1H 3 3 Tort Wlldlap Me 001,1 sP amL .ml tl ti3 5 a a A W F 'p W �qq € O �I� l 1313 i S� Y Y u l F A1.1 ;E -7 234, F --7 Press Release WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 25, 2007 PROJECT DESCRIPTION: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520140 1h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312 - 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. This Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on the proposal. Comments will be received until 5:00 pm on November 9, 2007. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2" d Street DOC. INDEX E_W Yakima, WA 98901 FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20%) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic River Pointe Landing EC #29 -07 2 N 16 "' Avenue at Highway 12 °. impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Ouality /Storm Water Control: River Pointe Landing EC #29 -07 3 N 16 'x' Avenaie at Highway 12 Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`h Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`h Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`h Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions River Pointe Landing EC #29 -07 4 N 16'1' Avenue at Highway 12 a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`'' Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16`h Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34th Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6th Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6th Avenue. River Pointe Lauding EC #29 -07 5 N 16"' Avenue at Highway 12 :t D. Frontage improvements: Unless otherwise stated the half- street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Titlel2.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. CONTACT PERSON: Contact Bruce Benson, Supervising Planner (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 25, 2007 River- Pointe Landing EC #29 -07 N 16 `x' Avenue at HighwaY 12 6 INDEX. Legal Ad WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 25, 2007 PROJECT DESCRIPTION: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520140 1h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6th Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. This Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on the proposal. Comments will be received until 5:00 pm on November 9, 2007. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street D`�':. INDEX #�EES _ _ Yakima, WA 98901 FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20%) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic _�:.:. River Pointe Landing EC #29 -07 2 1N'DE N 16`x' Avenue at Highway 12 ': impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Ouality /Storm Water Control: River Pointe Landing EC #29 -07 3 N 16 'x' Avenue at Highway 12 iedDE # J`� Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16 °i Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue —"Principle Arterial (Urban)" • North 6`h Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`' Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions River Pointe Landing EC #29 -07 N 16 'x' Avenue at Highway 12 in r- IILDI-Y a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16`h Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34`h Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6`h Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6`h Avenue. t� River Pointe Landing EC #29 -07 5 N 16" Avenue at Highway 12 F ,t. E_�- D. Frontage improvements: Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of T1tle12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. CONTACT PERSON: Contact Bruce Benson, Supervising Planner (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 25, 2007 River Pointe Landing EC #29 -07 6 N 16`x' Aveincue at Highway 12 rr STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: UAZO EC #29 -07 WestTowne Center, LLC 6" Ave / 16`h Ave and Highway 12 I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Preliminary MDNS A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 25'h day of October ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist DD �:.. INDEX # E -q 181314 -11425 181.312 -43035 RODNEY Y. & H DUNN DBA /KNIPPER DU SALVADOR CORNEJO 1310 N 16TH AVE 1413 N 6TH AVE YAKIMA, WA 98902 -1354 YAKIMA, WA 98902 161312 -43004 TERESA R M GRISWOLD 1415 N 6TH AVE YAKIMA, WA 98902 181312 -31007 WESTTOWNE LLC 6402 TACOMA MALL BLVD TACOMA, WA 98409 1 VAMA 003 W LL 60 ALL VD TWA 98409 T 8131 4402 STT W E LL 6 0 TAC MA ALL BLVD TA OMA, 98409 I - 1 1312 -34405 W STTOW LC 64 2 OMA LL B D TAC WA 98409 18 �13 04 WE E LC 64COM LL BLVD TACOMA, WA 98409 1 0 18131 -31003 Y KI REENW FOUNDATION 1 1 H SZ YA IMA, 98901 -2149 181312 -32002 YAKIMA GREENWAY FOUNDATION 111 S 18TH ST YAKIMA, WA 98901 -2149 181313 -22405 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 181312 -43031 WALTER & MINETTE RECORD 280 AMES RD SELAH, WA 98942 VES 01O NE L T 0 MAL BLVD A, WA 98409 'Iffil 1 1312 -34 00 W STTOW LC 64 2 T COM MA B1 TAC , WA 09 1 1312 -34404 W STT NE LLC 6 0 TA OM ALL B D TA MA, 98409 18 U312-34406 WE C 64OMA LL BLVD TAWA 98409 1 8 313 -22001 WE TTO E LLC 64 2 CO ALL BLVD TAC , WA 98409 181312 -3 06 I> YA IMA RE NWA OU TION 11 S 8TH YA WA 98901 -2149 181313 -12021 YAKIMA MANUFACTURING PO BOX 1329 KLAMATH FALLS, Oregon 97601 Ron Morton 717 South 8th Ave YaKImA, WA. 98902 t7 7) A; �0 61 labels printed for map sheet rezone1307 181314 -11432 T P C LLC 1340 N 16TH AVE # B YAKIMA, WA 98902 181312 -31005 WESTTOWNE LLC 1520 140TH NE # 200 BELLEVUE, WA 98005 1 1312 -3 02 W STTOW LLC 6 02 CO ALL BLVD TA 0 WA 98409 18 312 -3 1 WE TTOW LC 64 2 COM L BLVD TAC WA 98409 VMA04 LLC ALL BLVD A 98409 181313- 1004 W STT E LLC LC 0 TA MA M L D T OMA, A 9 09 18 VIMAG YA W Y F DA ION 11 T YA8901 -2149 181 t12-32002 YAK GR AY F N AT ON 111 H S YAKWA 98 1 -2149 181313 -22406 YAKIMA THEATRES INC PO BOX 50 YAKIMA, WA 98907 River Pointe Landing Jerry Molitor 1520-: 140th Ave NE #200 Bellevue, TA. 98005 r,o.. INDEX # _3 181312 -33005 18313 -22 02 81313 - 22003 \ \ ALBERT D. LANTRIP AL ERT D. ANTR RED ELI 808 PIONEER LN 80 PI EE L k,F 1 3 N 16T YAKIMA, WA 98903 -1344 YAK WA 903 -1344 Y WA 98902 181313 -22004 181313 -22006 1 1313- 030 /\ ALFRED BUCHELI ANDREWS & BARTON CO B SeF I OAD O 1313 N 16TH AVE 280 AMES RD* P 96 08YAKIMA, WA 98902 SELAH, WA 98942 FOR RTH, Texas 76161 -008, 181312 3001 1813 -43001 1 1312-43001 (BURL G N NO HE�RAI OA D BUR GTON NO HE N RAILROAD B LIN NORT RN R ILROAI 0 X 9 0 PO BOX 9610 PO BO 96 089 F T WORTH, Texas 76161 -0089 RT WO Texas 76161 -0089 FO WORT exas 76161 -008 181312-43900 1 1312 -4390 1 312 -4 02 BURLINGTON NORTHERN -SANTA FE RAI B RLINGTO NOR ERN- ANTA E RAI BU LIN ON NORTI2N -SANTA FE PO BOX 961089 PO BOX 61089 PO BO 9610 FORT WORTH, Texas 76161 -0089 FOR ORTH, Texas 76161 -0089 FO T ORTH, Texas 76161 -0085 i ��d Z31 = Tf ffi e 1 1313 -2 06 1 1313 -21402 J CM HOLTZINGER FRUIT CO LLC CM HOLT NGE FR CO LL C HO IN UIT CO LLC 1312 N 6TH AVE 13 N 6TH AV 1 12 T AVE YAKIMA, WA 98902 YAK WA 98902 YA A, A 98902 181312 -43033 181314 -11423 181314 -11422 GERALD V & JOAN D KLINGELE HARLAN D & BARBARA DUNN JAMES L & MARCIA SMITH 2106 W YAKIMA AVE 4725 KONNOWAC PASS RD 1320 N 16TH AVE #A YAKIMA, WA 98902 I WAPATO, WA 98951 -9671 YAKIMA, WA 98902 181312 -34403 1312 -43007 2 -43045 KATHRYN I & KURT D EIMS THRYN I & KU EIMS R N I URT EIMS VUK 6122 BAYVIEW DR 6122 B JEW R B YV W MUKILTEO, WA 98275 MU IL E0, W 98275 LT , WA 98 I I 181312 -43039 81313 - 12013 1 ) 181313 -22007 KENNETH W CYR NNET CYR LAB INVESTING CORP 1000 S IDAHO RD # 428 1 00 IDA RD 8 11 HILLCREST DR APACHE JUNCTION, Arizona 85219 -6i AP E JUNCT , Arizona 85219 -6 KEARNER, Nebraska 68845 181311 -44400 181312 -42412 181314 -11431 LAKE EDGE ENTERPRISES LLC MUELLER HOP PRODUCTS INC NORTHWEST FARM CREDIT SER IN 5816 SCENIC DR 1716 GORDON RD 1330 N 16TH AVE YAKIMA, WA 98908 YAKIMA, WA 98901 -1710 YAKIMA, WA 98902 -1354 181311 -44406 1 1312 -42007 � 18 312 -42 PDK DEVELOPMENT LLC RO ERT . AB HA SON RO RT A AH N PO BOX 9493 20 8 1 T 200 1ST S YAKIMA, WA 98909 -9493 YAK M WA 98901 -1735 YAKIMA, Wp ��8901 -1735 INDEX # �3 181312 -42009 1 1314 -1 20 18 314 -3 - - "" ROBERT 0. ABRAHAMSON R NEY & D N DB IPPER DU RO EY & NN D A /KNIPPE: 2008 N 1ST ST 13 0 16TH AVE 131 N 6TH AVE YAKIMA, WA 98901 -1735 YAK A, WA 98902 YAK WA 98902 -1354 OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Div. Greg Griffith Dv. of Archeol & Hist. Pres. PO Box c -3755 713 Bowers Rd PO Box 48343 Seattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Sheila Ross Dept of Soc /Health Service Cascade Natural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. I" Ave 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Olympia, WA 98504 Yakima, WA 98902 Chamber of Commerce Dept. of Health City of Union Gap Michelle Vazquez 10 N 9 "' St. �i, PO Box 3008 Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6S.2 nd St., Room 1016 2809 Rudkin Road 8 S. 2 "d Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6d' Ave. MS 623 128 North 2" d Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 "d St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA WA State Emergency Mgmt. Div. Pacific Power Yakima Pub. Services 128 N 2"d St., 4"' Floor Mitigation, Analysis & Planning Mike Paulson Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2"d St. 4"' Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98948 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4t" Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 Toppenish, WA;�j��948 Mr. Doug Mayo Wastewater Treatment Plant WSDOT Aviation Division John Sambaugh 3704 172nd St. N.E. Suite K -12 Arlington, WA 98223 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Martin Humphries Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 Yakima School District Attn: Ben Soria 104 N. 4`h Ave Yakima, WA 98902 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Lavina Washines, Chairman Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Donna J. Bunten Critical Areas Coordinator D.O.E., Shorelands & Environ PO Box 47600 Olympia, WA 98504 -7600 Mr. Scott Nicolai Yakama Indian Nation - Fisheries PO Box 151 Toppenish, WA 98948 Yakima Greenway Foundation 11 I S. 18t1, St. Yakima, WA 98901 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S.24 1h Ave Yakima, WA 98902 Mr. Buck Taylor Yakima Airport 2400 W. Washington Ave Yakima, WA 98903 WV School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 CITY OF YAKIMA NOTICE OF ENVIRONMENTAL REVIEW and PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE Date: October 25, 2007 To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners From: Doug Maples, Code Administration, and Planning Manager Subject: Notice of Application for Environmental Review NOTICE OF APPLICATION Proponent & WestTowne, LLC Land Owner: 1520140 1h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 Location: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. Parcel Numbers: 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 File Number: UAZO EC #29 -07 Date of Application: July 3, 2007 Date of Complete Application: August 20, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. ENVIRONMENTAL REVIEW This is to notify all public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The lead agency has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Mitigated Determination of Non- Significance (MDNS) for this project. PUBLIC REVIEW & REQUEST FOR WRITTEN COMMENTS: The attached Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below: Comment Due Date: November 9, 2007 Your views on the proposal are welcome. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. All written comments received before 5:00 p.m. on November 9, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2" d Street Yakima, WA 98901 Please be sure to reference the applicant's name (WestTowne, LLC) or file number (UAZO EC #29 -07) in your correspondence. Any person has the right to comment on this application, receive notice of and participate in any hearings, and request a copy of any decision once made. Appeal procedures can vary according to the type of decision being appealed. Please contact the City of Yakima Code Administration and Planning Division with questions about appeals. Required Permits — The following local, state and federal permits /approvals are needed for the proposed project: Building Permit, Grading Permit, Environmental Review, Dust Control Plan (Yakima Clean Air Authority), Stormwater Pollution Prevention Plan, NPDES Construction Stormwater General Permit and Water Right Permit (Washington State Department of Ecology). Required Studies: Transportation Capacity Analysis Existing Environmental Documents: 1998 Riverside Shopping Mall (FEIS), (reference) Preliminary determination of the development regulations that will be used for project mitigation and consistency: International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042 or e -mail at bbenson @ci.yakima.wa.us. Doug Maples {� Planning and Code Administration Manager Date of Mailing: October 25, 2007 Encl.: Preliminary MDNS, Environmental Checklist, Site Plan, Vicinity Map and Mailing Map. x WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 25, 2007 PROJECT DESCRIPTION: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 140`' Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. This Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on the proposal. Comments will be received until 5:00 pm on November 9, 2007. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2" d Street Yakima, WA 98901 FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. Rimer Pointe Uinding EC #29 -07 2 N 16`x' Avenue at Highway 12 -� J F_ —Z 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Ouality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is River Pointe Landing EC #29 -07 3 v N 16`' Avenue at Highway 12 C= -Z required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`' Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`h Avenue —"Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`h Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips River Pointe Landing EC #29 -07 N 16`x' Avenge at Highway 12 � -y through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16th Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34th Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34th Avenue/River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6th Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6th Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16th Avenue and N. 6th Avenue. D. Frontage improvements: Unless otherwise stated the half- street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement River Pointe Landing EC #29 -07 5 N 16`' Avenue at Highway 12 plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. CONTACT PERSON: Contact Bruce Benson, Supervising Planner (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: Octolx SIGNATURE: River Pointe Landing EC #29 -07 6 N 16 `h Avenue at Highway 12 `r Z REQUIRED ATTACHMENT: ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197 -11 -960) CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) E ;`1•;- - .'�,�::; ;ty, Tyr.. :�i'. "'4 -:�" : �.. ,iz,: PURPOSE• OF.CHECKLIST,. ,� ` ,� ,�: .`�;;�1...a:yr. �p�::' 't -? .;, - . y;, YT,�.; p, . al �. :� �.,:,��,� � . �._ .�v... - �. :. " >;� . - ; -;° .� . . � ..,.E :. f . ..� . .� ; ���,;.,, �,1, .. �r. ,"� •; .:;�... , The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. ,"s- - }' a >d; i .c.1 ::INSTRUCTIONS;EOR APPLICANTS. r:4.:�:: >. wax; =����, r�3-, .. - k - >. f; vA'c' �.r .. `�:r .w�.e.a ,vrt. "r, -�. a,fg � . a1= 1�.,,�t3.a.y, x. �n?1;�:. „'v• .fir, ' '.V„% t .. c.+:.wrr ^,`. This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or ,n different parcels of land. Attach any additional information that will help describe your proposal or its environmental _Tfects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. 'USEOF: CHECKLISTFORNONPROJECTPROPOSAE §,'N "'�x' _ Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site" should _ be read as proposal, proposer, and affected geographic area, respectively. ;'A BACKGROUND.IIVFORMATION To be'com leted.b the "a licant:'` °T ..... �m :.._ ...,..,... w ,.,�....... I r. , 1. NAME OF PROPOSED PROJECT (if applicable) WestTowne Center 2. APPLICANT'S NAME & PHONE WestTowne, LLC. c/o Northward Construction 1520 140th Ave. NE, Suite 200 3. APPLICANT'S ADDRESS Bellevue, WA 98005 -4501 4. CONTACT PERSON & PHONE Jerry Molitor, 425 - 747 -1726 City of Yakima, Department of Community and Economic 5. AGENCY REQUESTING CHECKLIST Development 6. DATE THE CHECKLIST WAS PREPARED March 21, 2007 DOC. WestTowne Center Project 14 City of Yakima Rez6he'Application E —� 7. PROPOSED TIMING OR SCHEDULE (including phasing if applicable) As currently anticipated: Rezone and Site Plan Approval — Summer 2007; Construction Permit Approval — 2008; Occupancy Starting 2008 -2009. Revised 10 -98 BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No information regarding future project phases or additions is known at this time. 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Per WAC 197 -11 -635, this SEPA Checklist builds upon and incorporates by reference the following environmental documents completed for the 1998 Riverside Shopping Mall proposal which had a similar scope and project boundary to the proposed WestTowne Center development: Draft Supplemental Environmental Impact Statement, Riverside Shopping Mall Zone Reclassification, City of Yakima, July 30, 1998. Final Environmental Impact Statement, Riverside Shopping Mall Zone Reclassification, City of Yakima, November 16, 1998. Per WAC 197 -11 -635, this SEPA Checklist builds upon and incorporates by reference the following environmental documents completed for the Yakima Urban Area Comprehensive Plan 2025 update completed in 2006: • City of Yakima's Urban Area Comprehensive Plan Final Environmental Impact Statement, City of Yakima, December 2006. The following technical analyses were performed specifically for the proposed WestTowne Center development: • WestTowne Project Traffic Analysis, TSI, March 2007. See Appendix A of this Rezone Application. • Report of Limited Geotechnical Investigation for WestTowne Center Phase 1, GN Northern, October 3, 2006. Available upon request. • Phase I Environmental Site Assessment, Proposed WestTowne Mall, GN Northern, January 2007. Available upon request. 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No other applications or government approvals are pending for the WestTowne Center project or site. WestTowne Center Project 15 City of Yakima Rezone Application 4. List any government approvals or permits that will be needed for your proposal, if known. Development and construction of the WestTowne Center project would require the following approvals and permits: Local Agencies • City of Yakima Land Use Rezone Application and Site Plan Approval • City of Yakima Structure Demolition Form • City of Yakima Construction and Building Permits (including detailed grading, sewer, stormwater, water and other utility permits) • City of Yakima Road Access Permit 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The overall WestTowne Center project site consists of a total of 78.6 acres. Approximately 75.88 acres (Figure 1, WestTowne Center Vicinity Map), currently comprising 15 tax parcels (see Figure 2, WestTowne Center Parcel Map and Table 1, WestTowne Center Parcel List) are proposed to be rezoned to the Large Convenience Center (LCC) zoning designation. Currently 69.82 acres comprising 12 tax parcels are zoned M1 (Light Industrial) and 6.06 acres comprising 3 tax parcels are zoned B1 (Professional Business).The remaining 2.72 acres of the site would be comprised of portions of two parcels that would be used for an access road from the site to River Road. The two parcels through which the access roadway would traverse, would not be rezoned at this time. WestTowne, LLC proposes to rezone all 75.88 acres comprising 15 tax parcels to LCC (Large Convenience Center), which would be consistent with the adopted land use designation in the 2006 Comprehensive Plan. The proposed WestTowne Center would include development of approximately 78.6 acres in the north part of the City of Yakima and construction of an 806,700 sq. ft. regional commercial complex. The project site is generally bounded by US 12, N 6th Avenue, River Road and N 16th Avenue (see Figure 1, WestTowne Center Vicinity Map). The location of the site adjacent to US 12 and the N 16th Avenue primary arterial is well- suited for a large regional commercial development. The development would benefit from the high level of exposure to motorists commuting along US 12 to /from central Yakima and points to the west. Proposed Development The proposed regional commercial development would transform 78.6 acres of mostly vacant property into a large, regional shopping center. As currently planned, the WestTowne Center would include 806,700 sq. ft. of building space combining retail, hotel and restaurant uses. Please see Figure 4, WestTowne Center Overall Site Plan, for details regarding the proposed development. The proposed rezone and development of the WestTowne Center would accomplish the following: • Development of a regional retail center that would provide a diverse range of shopping and entertainment opportunities on a site that is accessible and in close proximity to a highway. • Development of a center that is compatible with surrounding land uses and consistent with adopted City of Yakima plans and policies. • Provision of efficient vehicular and pedestrian access to /from the site and amenities that result in an aesthetically - pleasing environment that is consistent with applicable requirements related to landscaping, signage, lighting and screening. • Enhancement of the City's position as a retail trade center by drawing shoppers and visitors from a wide area. WestTowne Center Project 16 City of Yakima Reioi e'Application The following describes key elements of the proposed development: Retail /Restaurant Component Of the approximately 806,700 sq. ft of total building space, approximately 757,100 sq. ft. of a mix of retail space would be developed in the WestTowne Center. Based upon the proposed site plan, it is anticipated that the retail uses would consist of the following: 377,650 sq. ft. of Big Box Retail (such as Target or Home Depot); 215,400 sq. ft. of Junior Anchor Retail stores (such as Marshall's or Borders); and 164,040 sq. ft. of smaller retail and in -line restaurants. Free - standing, sit -down restaurants, such as Red Robin or Applebee's, would occupy 19,300 sq. ft. of building space on the site. Hotel Component Of the approximately 806,700 sq. ft of total building space, the proposed development would include an approximately 30,300 sq. ft. 2 -story hotel (such as the Holiday Inn or Courtyard hotel chains). Landscaping, Pedestrian Circulation and Amenity Space WestTowne Center would be designed in accordance with the standards and regulations of the Yakima Zoning Code to ensure the project would be an integrated center. The site would be landscaped along the perimeter, within the parking areas, and adjacent to buildings to provide an aesthetically - pleasing environment and a buffer between the site and adjacent land uses. The development would make extensive use of native and drought- resistant plant species. A final landscape planting plan and irrigation plan would be submitted for City review and approval as part of the building permit application process. Sidewalks and pathways within the site would provide linkages for pedestrian and bicycle traffic. On -site sidewalks would connect to off -site walkways that would provide linkages to surrounding amenities including the Yakima Cinemas theater complex, the Yakima Interurban Trolley system along N 6th Avenue, and the Yakima Greenway trail system. The site is currently accessible by the Yakima Interurban Trolley which runs from Pine Street in downtown Yakima to Selah. The trolley line runs next to the east border of the project site along N 6th Avenue. Currently, the trolley runs on a very limited schedule but expansions in service and improvements in infrastructure are anticipated in the future. The WestTowne Center project would incorporate a trolley stop along the eastern border of the site to accommodate the anticipated future expansion of trolley service along N 6th Avenue. Parking /Transportation /Access Primary access to the WestTowne Center development would be provided by US 12 and N 16th Avenue. The primary entrance to WestTowne Center would be at N 16th Avenue, south of US 12. This entrance would be aligned with the existing entrance to the existing Lake Aspen Office Park. This intersection on N 16th Avenue would operate as a signalized intersection. The project would also have secondary access from N 6th Avenue and River Road. The project would involve construction of an access road extending south from the southern boundary of the site to River Road. This project would provide 4,093 parking spaces on -site; this supply would provide adequate capacity for the needs of the development and is in excess of the number required by City of Yakima code. See Figure 4, WestTowne Center Overall Site Plan, for a conceptual layout of the parking spaces. Trail Enhancement In addition, WestTowne LLC has voluntarily begun discussions with the Yakima Greenway Foundation regarding the potential extension of a section of the Yakima Greenway trail adjacent to the site. See Figure 4, WestTowne Center Overall Site Plan, for a conceptual route for the trail. Location of the trail along the northern perimeter of the site would allow for a convenient route from N 6th Avenue to N 16th Avenue and would provide a connection to the proposed William O. Douglas trail. The specifics of the trail extension would be determined in coordination with the Yakima Greenway Foundation, the City and WSDOT as part of a separate process from this WestTowne Center Rezone Application and Site Plan approval process. For citizens enjoying the segment of the Yakima Greenway trail system, this trail extension would provide a new, convienient linkage to facilities and services south of the highway. WestTowne Center Project 17 City of Yakima Rezone Application 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The WestTowne Center site consists of approximately 78.6 acres located north of River Road, south of US 12, east of N 16th Avenue and west of N 6th Avenue within the City of Yakima. Please see Figure 1, WestTowne Center Vicinity Map, for the location of the project site. B. ENVII2ONXl[&TAE ELEMENTS (To be completed by the applicant)' 1. Earth General description of the site (✓ one): ® flat ❑ rolling ❑ hilly ❑ steep slopes ❑ mountainous ❑ other N/A b. What is the steepest slope on the site (approximate percent slope)? The steepest slope on the site is approximately 5 to 8 percent. The contours on the WestTowne Center site gradually slope to the lowest point at the northeast corner. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The WestTowne Center site is generally covered by a surficial mantel of organic topsoil approximately 6 to 9 inches in thickness consisting of dark brown, silty, fine sand. Silty sand and silt with sand units generally underlie the topsoil. The underlying soils generally consist of interbedded strata of gravelly sand, sandy gravel and gravel with sand and cobbles. A geotechnical analysis was completed for this project to analyze the conditions on the WestTowne Center site. A copy of this report is available upon request. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. According to the Yakima Urban Area Comprehensive Plan 2025 (2006) there are no geologic hazards on the subject site. The geotechnical analysis performed for this project concluded that the site is not located in a landslide -prone area and does not contain unstable soils. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading would be associated with the proposed rezone of the WestTowne Center site to Large Convenience Center (LCC). Subsequent to all approvals and permits, development of a regional commercial center is planned. Space Reserved for Agency Comments The WestTowne Center site gradually slopes to the lowest point at the northeast corner and it is anticipated that the development would generally follow the existing contours WestTowne Center Project 18 City of Yakima Rezone Application E- on -site. Approximately 117,000 cubic yards of earth material would be moved around on the site; however, it is not anticipated that significant amounts of soil would be imported to or exported from the site. Grading operations would likely be balanced on- site. A detailed grading plan would be developed and submitted for approval by the City of Yakima as part of the construction and building permitting process. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. The proposed rezone of the WestTowne Center site would not require clearing or grading and would not, therefore, result in associated erosion. As with any construction project, erosion would be possible in conjunction with the development of the WestTowne Center project on this site. However, because of the relatively flat nature of the site, the potential for erosion is anticipated to be minor. During construction, temporary erosion and sediment control best management practices would be used to mitigate any potential for temporary erosion. Site work would expose soils, but implementation of temporary erosion and sediment control measures would be expected to eliminate the potential for significant erosion impacts. No erosion would be anticipated as part of operations of the WestTowne Center shopping center. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No changes in impervious surface coverage would be associated with the proposed rezone of the WestTowne Center site. After construction of the WestTowne Center project, approximately 87% of the site would be covered with impervious surfaces including buildings, pathways, parking lots and roads. Based on the proposed Site Plan, approximately 23% of the site would be covered by buildings, 11 % by pedestrian paths and 53% by parking and road area. The remaining 13% of pervious surfaces would include landscaping and other green space. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. Air The proposed rezone of the WestTowne Center site would not result in the potential for erosion on this site; therefore, no mitigation would be required. Erosion would be possible in conjunction with the construction of the WestTowne Center project. In general, however, because of the relatively flat nature of the site, the potential for erosion would not be anticipated. During construction, temporary erosion and sediment control best management practices would be used to mitigate any potential for temporary erosion. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. The proposed rezone of the WestTowne Center site would not result in increased air emissions. Development of the WestTowne Center project on the site would likely result in localized increases in air emissions (primarily dust and carbon monoxide) due to construction activities and increased vehicular traffic associated with daily operations of a regional commercial center. The development would generate approximately 2,071 WestTowne Center Project 19 City of Yakima Rezone Application total new pm peak hour trips on the nearby road network and would result in a net increase of approximately 4,093 parking spaces on -site. The WestTowne Center project would be designed to conform to any applicable regulations and standards of agencies regulating air quality in Yakima including the Environmental Protection Agency and Washington State Department of Ecology (DOE), as relevant. The development project would not be expected to result in violations of ambient air quality standards during construction or operation. Best management practices for erosion control would also reduce and control dust emissions during construction. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Off -site sources of emissions in the vicinity of the WestTowne Center site (i.e. traffic on US 12 and other adjacent roadways) would not affect the proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The proposed rezone of the WestTowne Center site would not result in air emissions; therefore, no measures to reduce emissions are warranted. The WestTowne Center project would comply with any applicable air quality regulations and standards. Measures would be implemented during construction to control dust emissions. 3. Water a. Surface: I . Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are no surface water bodies within the subject site. The Naches River and Berglund Lake are located about'/ mile north of the site across US 12. Lake Aspen, Willow Lake and Myron Lake are located about .25 to 1 mile west of the site. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The proposed rezone of the WestTowne Center site will not result in work over, in, or adjacent to any surface water body. Development of the WestTowne Center on the project site would not require work over, in, or adjacent to any surface water body including the Naches River. 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material The proposed rezone of the WestTowne Center site would not result in fill or dredge material being placed in or removed from surface water or wetlands. No surface water bodies or wetlands are located on the subject site; therefore, construction of the WestTowne Center project would not include dredge and fill activities that would impact surface water bodies. WestTowne Center Project 20 City of Yakima Rezone Application 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. The proposed rezone of the WestTowne Center site would not require surface water withdrawals or diversions. Construction and operation of the WestTowne Center project on the site would not require surface water withdrawals or diversions. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. According to the Yakima Urban Area Comprehensive Plan 2025 (December 2006), the WestTowne Center site is not within a Floodway or the 100 Year Floodplain. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The proposed rezone of the WestTowne Center site would not require discharge of waste material into surface waters. Construction and operation of the WestTowne Center project on the site would not require discharge of waste material into surface waters; the project would connect to the City's municipal sewer system. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. The proposed rezone of the WestTowne Center site would not require ground water to be withdrawn or require discharges into ground water. As stated in the geotechnical analysis completed for this project, based upon the findings of the subsurface exploration, it is anticipated that the groundwater table is at a depth of approximately 8 to 11.5 feet below existing grade. Therefore, construction of the WestTowne Center project on the site may require temporary dewatering. Any construction activities on the WestTowne Center site would utilize best management practices for protecting the groundwater table and handling discharges from dewatering activities. WestTowne Center would construct stormwater detention and infiltration facilities within the site boundary to serve the project. Stormwater would be collected and transported via underground pipes to a three -acre stormwater detention /retention area at the northeast corner of the site (which has the lowest elevation on site) where the stormwater would infiltrate the soils after treatment. The geotechnical analysis completed for the project, Report of Limited Geotechnical Investigation for WestTowne Center Phase I (October 2006), indicates that the characteristics of the soils on -site are appropriate for stormwater infiltration. See Figure 4, WestTowne Center Overall Site Plan, for the location of the proposed stormwater detention facilities. The design and construction of the project's stormwater system would meet applicable City of Yakima and Department of Ecology regulations. As currently planned, treatment of stormwater runoff would be provided by either a stormwater filter or a combined wet pond /detention pond facility; water quality treatment would meet applicable City of Yakima and Department of Ecology stormwater regulations. A detailed stormwater management plan would be prepared in compliance with applicable City of Yakima and Department of Ecology regulations and submitted for review and approval by the City as part of the site development and building permitting process. WestTowne Center Project 21 City of Yakima Rezone Application 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. The proposed rezone of the WestTowne Center site would not require discharge of waste materials into the ground from septic tanks or other sources. No waste material would be discharged into the ground during the construction or operation of the WestTowne Center project. Sanitary sewage from operation of WestTowne Center would be discharged into the City's existing municipal sewer system. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The proposed rezone of the WestTowne Center site would not result in a change of the amount or handling of stormwater runoff on the site. During construction of the proposed project, temporary erosion and sediment control best management practices would be used to manage stormwater runoff. Development of the WestTowne Center project on the site would result in an increased amount of impervious surface and, therefore, an increased amount of stormwater runoff. No stormwater pipes or conveyance systems are known to currently serve the project site. No connection currently exists from the project site to the Naches River. WestTowne Center would construct stormwater detention and infiltration facilities within the site boundary to serve the project. Stormwater would be collected and transported via underground pipes to a three -acre stormwater detention /retention area at the northeast corner of the site (which has the lowest elevation on site) where the stormwater would infiltrate the soils after treatment. The geotechnical analysis completed for the project, Report of Limited Geotechnical Investigation for WestTowne Center Phase I (October 2006), indicates that the characteristics of the soils on -site are appropriate for stormwater infiltration. See Figure 4, WestTowne Center Overall Site Plan, for the location of the proposed stormwater detention facilities. The design and construction of the project's stormwater system would meet applicable City of Yakima and Department of Ecology regulations. As currently planned, treatment of stormwater runoff would be provided by either a stormwater filter or a combined wet pond /detention pond facility; water quality treatment would meet applicable City of Yakima and Department of Ecology stormwater regulations. A detailed stormwater management plan would be developed in compliance with applicable City of Yakima and Department of Ecology regulations and submitted for review and approval by the City as part of the site development and building permitting process. DO(,` . WestTowne Center Project 22 City of Yakima Re qi. i ication 2. Could waste materials enter ground or surface waters? If so, generally describe. The proposed rezone of the WestTowne Center site would not result in discharge of waste materials into surface waters. A stormwater management plan would be prepared that incorporates industry- standard best management practices to manage stormwater runoff during construction. During operation of WestTowne Center on the site, the proposed stormwater collection and treatment system would prevent waste materials from entering ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The proposed rezone of the WestTowne Center site would not result in generation of stormwater runoff; therefore, no mitigation is required. Development and construction of the WestTowne Center project would incorporate the following measures to reduce or control surface, ground and runoff water impacts: • A stormwater management plan would be prepared that incorporates industry - standard best management practices to manage stormwater runoff during construction. • A detailed stormwater management plan would be prepared in compliance with the City of Yakima and Department of Ecology stormwater standards to manage stormwater during operations of the WestTowne Center development. The plan would be submitted for approval by the City as part of the site development and building permitting process for the project. 4. Plants: a. Check ( ✓) types of vegetation found on the site: deciduous tree: ❑ alder ❑ maple ❑ aspen ® other Apple, Pear evergreen green: ❑ fir ❑ cedar ❑ pine ❑ other ® shrubs ® grass ❑ pasture crop or grain wet soil plants: ❑ cattail ❑ buttercup ❑ ❑ulrush ❑ skunk cabbage ❑ other water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? The proposed rezone of the WestTowne Center site would not result in removal or alteration of vegetation on the site. During construction of WestTowne Center, vegetation currently on the site would be removed. c. List threatened or endangered species known to be on or near the site. No threatened or endangered species or associated habitat are known to be on or near the proposed site. DOG, WestTowne Center Project 23 City of Yakima Rez &N- 'pplication -� d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Existing vegetation on the site primarily includes abandoned orchard trees, shrubs and grass. All existing vegetation would be removed to prepare the site for construction of the regional commercial center. WestTowne Center project landscaping would conform to all City regulations and would make extensive use of native and drought- resistant plant species. A final landscape planting plan and irrigation plan would be submitted for City review and approval as part of the construction and building permit application process. 5. Animals: a. Check ( ✓) any birds and animals which have been observed on or near the site or are known to be on or near the site: 1) birds: ❑ hawk ❑ heron ❑ eagle ® songbirds ❑ other 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver ❑ other 3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish ❑ other b. List any threatened or endangered species known to be on or near the site. The WestTowne Center site is located within a developed urban area. No habitat areas or roosting areas have been documented on the site. There are no documented "areas of observed presence" of endangered or protected species on the project site. Roosting areas are potentially located to the north of the site across SR 12, in association with the Naches River. c. Is the site part of a migration route? If so, explain. The WestTowne Center site is not known to be part of a migration route. d. Proposed measures to preserve or enhance wildlife, if any: No specific measures are proposed to enhance wildlife and /or habitat on the WestTowne Center site other than the planned landscaping which could potentially contribute to increased urban wildlife habitat in this portion of the City. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The completed WestTowne Center project would use electricity and natural gas to meet the energy needs of the development. )`,.;` WestTowne Center Project 24 City of Yakima R eApplication # E__ - b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The proposed rezone of the WestTowne Center site would not affect the potential use of solar energy by adjacent properties. The completed WestTowne Center project would not affect the potential use of solar energy by adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The proposed WestTowne Center development would employ measures to reduce energy consumption including energy- saving lighting, high- efficiency heating and air - conditioning units, and high- efficiency water heaters. The mechanical systems would be designed to comply with all applicable energy code management requirements. All buildings will be designed to meet or exceed the requirements of the Washington State Energy Code current edition. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, which could occur as a result of this proposal? If so, describe. The proposed rezone of the WestTowne Center site would not result in environmental health hazards on the proposed site. A site analysis was performed to analyze current environmental site conditions on the WestTowne Center site. The findings of this analysis are documented in the report, Phase l Environmental Site Assessment, Proposed WestTowne Mall, GN Northern, January 2007. Copies of this document are available upon request. This analysis concluded that limited contamination may exist on -site from previous agricultural uses. Due to the conclusions of the Phase I analysis, a Phase II Environmental Assessment would be performed before construction of the WestTowne Center project commenced. Any contamination found on -site would be remediated in accordance with all applicable local, state and federal laws. Operations of the WestTowne Center development would not be expected to result in environmental health hazards on the project site. 1. Describe special emergency services that might be required. The proposed rezone of the WestTowne Center site would not result in the requirement for special emergency services on the proposed project site. It is not anticipated that construction or operation of the WestTowne Center development would require special emergency services. The proposed development would require fire, medical and other emergency services from the City of Yakima, similar to other commercial developments in the urban area. 2. Proposed measures to reduce or control environmental health hazards, if any: The proposed rezone of the WestTowne Center site would not result in environmental health hazards on the proposed site; therefore, no reduction or control measures are required. WestTowne Center Project 25 City of Yakima Rezone Application # C- If, during construction of the WestTowne Center, an environmental site hazard occurred (i.e., spill), appropriate measures would be followed as prescribed in adopted local, state and federal laws. The contractor would also formulate and implement a spill prevention plan. Operations of the WestTowne Center development would not be expected to result in environmental health hazards on the project site; therefore no reduction or control measures would be required. b. Noise What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? The predominant sources of ambient noise surrounding the project site include vehicular traffic along the surrounding roadways and on US 12. Overall, existing noise sources would not be expected to affect the proposal. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Construction - related noise would occur as a result of on -site construction activities associated with the WestTowne Center project. Construction noise would be short -term and construction activity would comply with applicable City of Yakima noise regulations. Noise impacts from the operation of the WestTowne Center development would include increased traffic noise associated with vehicles operating in and around the site. Once the commercial center is operational, no significant long -term noise impacts would be expected; the development would comply with the City of Yakima's noise regulations. 3. Proposed measures to reduce or control noise impacts, if any: As noted, the project would comply with applicable noise regulations of the City's Municipal Code. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The 78.6 -acre project site consist largely of vacant land, some of which was formerly utilized as an orchard. Four residences remain on -site. Current land uses on adjacent sites include industrial, agricultural, business park, entertainment, and a few single family residences. b. Has the site been used for agriculture? If so, describe. Yes. This is the former site of an apple and pear orchard. c. Describe any structures on the site. Four single - family houses are currently located on the WestTowne Center site. 00 WestTowne Center Project 26 City of Yak" Rezone Application d. Will any structures be demolished? If so, what? The proposed rezone of the WestTowne Center site would not result in the requirement to demolish structures on the site. All structures on the site would be demolished to prepare the site for construction of the WestTowne Center. e. What is the current zoning classification of the site? The overall WestTowne Center project site consists of a total of 78.6 acres. Approximately 75.88 acres (Figure 1, WestTowne Center Vicinity Map), currently comprising 15 tax parcels (see Figure 2, WestTowne Center Parcel Map and Table 1, WestTowne Center Parcel List) are proposed to be rezoned to the Large Convenience Center (LCC) zoning designation. Currently 69.82 acres comprising 12 tax parcels are zoned M1 (Light Industrial) and 6.06 acres comprising 3 tax parcels are zoned 131 (Professional Business).The remaining 2.72 acres of the site would be comprised of portions of two parcels that would be used for an access road from the site to River Road. The two parcels through which the access roadway would traverse, would not be rezoned at this time. f. What is the current comprehensive plan designation of the site? In the Yakima Urban Area Comprehensive Plan 2025 (December 2006), the subject site is one of only three sites in the City designated as Regional Commercial (RC). g. If applicable, what is the current shoreline master program designation of the site? The project site is not located within the City's designated shoreline management area. h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. No environmentally sensitive features, such as wetlands, streams or other environmental constraints, have been identified on the site. i. Approximately how many people would reside or work in the completed project? At full buildout, the number of employees estimated to work in the WestTowne Center development would total approximately 2,000 (based on an industry ratio of 2.5 employees per 1,000 sq. ft.). J. Approximately how many people would the completed project displace? The proposed rezone of the WestTowne Center site would not result in the displacement of current occupants on the site. In order to clear the site to construct the WestTowne Center development, four residences would be vacated and demolished. The completed project would not displace any existing employees. k. Proposed measures to avoid or reduce displacement impacts, if any The proposed rezone of the WestTowne Center site would not result in the displacement of residences or employment; therefore, avoidance or reduction of displacements impacts is required. WestTowne Center Project 27 City of Yakima &R 6ne Application Development of the project site would create little disruption for existing uses, as the site is nearly vacant. The occupants of the four existing residences would be given ample notice to vacate existing homes. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: In the 1997 Yakima Urban Area Comprehensive Plan, the land use designation applied to the project site was Large Convenience Center (LCC). In the newly adopted Yakima Urban Area Comprehensive Plan 2025 (December 2006), the land use designation for the project site is Regional Commercial. This request to rezone the project site to LCC is in compliance with the Yakima Urban Area Comprehensive Plan 2025 (December 2006) and the long -term planning goal of the City of Yakima to establish this project site for regional commercial /retail center uses. The WestTowne Center proposal would be consistent with City of Yakima policies for Regional Commercial uses as stated in the Yakima Urban Area Comprehensive Plan 2025 (December 2006) including: • inclusion of a range of uses in a large -scale shopping center that would attract people from the surrounding communities (Policy 3.9.1); • siting regional commercial uses along a highway or at the intersection of a principal arterial with a freeway or highway (Policy 3.9.2); • adequate sizing to serve a regional population (Policy 3.9.3); • sufficient available utilities and public services (Policy 3.9.4); and • situated in an area that would be served by transit service (Policy 3.9.7). The proposed rezone request is also consistent with other applicable policies of the Yakima Urban Area Comprehensive Plan (December 2006) including: Policies 4.1.3, 4.22, 6.10.2, 6.13.1, 6.18.4 and 8.2.4. The current zoning designations for properties adjacent to the proposed WestTowne Center site are Light Industrial (M -1) to the east and south, Large Convenience Center (LCC) to the southwest, Professional Business (B -1) to the west and US 12 to the north. Current land uses on adjacent sites include light industrial, commercial /business, retail and limited residential. The site is generally surrounded by more intensive land uses than currently exist on -site. The proposed rezone change and associated development would be compatible with surrounding business uses and current land use and zoning designations. The site would be landscaped along the site perimeter, within the parking areas, and adjacent to buildings to provide an aesthetically - pleasing center and to provide a buffer and transition to adjacent land uses. The landscaping plan would conform to all City zoning regulations and would make extensive use of native and drought- resistant plant species. A final landscape planting plan and irrigation plan would be developed and submitted for review and approval by the City of Yakima as part of the building permitting process. f.i0';. WestTowne Center Project 28 City of Yakim41*66he Application 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. The proposed rezone of the WestTowne Center site would not result in the addition of new housing units. The WestTowne Center development would not include housing uses. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. The proposed rezone of the WestTowne Center site would not result in the elimination of existing housing units. In order to clear the site to construct the WestTowne Center development, four residences would be vacated and demolished. c. Proposed measures to reduce or control housing impacts, if any: The proposed rezone of the WestTowne Center site would not result in the elimination of existing housing units; therefore impact reduction or control measures would not be required. Development of the project site would create little disruption for existing uses, as the site is nearly vacant. The occupants of the four existing residences would be given ample notice to vacate existing homes to secure new residences. 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? Building heights in the WestTowne Center development would not exceed 50 feet in conformance with the requirements of the City of Yakima Zoning Code (15.05.020) that apply to LCC developments. b. What views in the immediate vicinity would be altered or obstructed? The proposed rezone of the WestTowne Center site would not result in alteration of views in the immediate vicinity of the site. With the transition from vacant land to a regional commercial center, views of the WestTowne Center site from surrounding roadways and adjacent properties would be altered. Public views to natural features in the area would not be significantly altered or obstructed by the development. c. Proposed measures to reduce or control aesthetic impacts, if any: WestTowne Center would be designed in accordance with the standards and regulations of the Yakima Zoning Code to ensure the project would be integrated in the community. The site would be landscaped along the perimeter, within the parking areas, and adjacent to buildings to provide an aesthetically - pleasing center and a buffer between adjacent land uses. The development would make extensive use of native and drought- resistant plant species. A final landscape planting plan and irrigation plan would be submitted for City review and approval as part of the building permit process. WestTowne Center Project 29 City of Yakima ]2eiotie Application E-1 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The proposed rezone of the WestTowne Center site would not result in the production of light or glare. Parking lot lighting associated with the regional commercial center would utilize pole mounted fixtures approximately 30 feet high with shielded light source luminaries. The parking lot lighting would provide for adequate security. Additional details on building and pedestrian lighting have not been determined at this time and would be submitted for City review and approval as part of the building permit process. The proposed WestTowne Center development is not anticipated to produce glare. b. Could light or glare from the finished project be a safety hazard or interfere with views? The proposed rezone of the WestTowne Center site would not result in the production of light or glare and, therefore, would not create a safety hazard or interfere with neighboring views. The proposed WestTowne Center development is not anticipated to produce light or glare that would create a safety hazard or interfere with existing views. c. What existing off -site sources of light or glare may affect your proposal? Off -site sources of light and glare (i.e. traffic on adjacent roadways) would not affect the proposed project. d. Proposed measures to reduce or control light and glare impacts, if any: All exterior (artificial) lighting would be controlled to minimize spillage beyond the project site. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? There are no current recreational uses on the project site. The Naches River is located .25 miles north across SR 12; Elks Memorial Park is located approximately .25 miles south of the property between N 6th Avenue and N 16th Avenue on Hathaway Street; to the west of the project site are locations for private residential sites on Lake Aspen, Willow Lake and Myron Lake. b. Would the proposed project displace any existing recreational uses? If so, describe. The rezone of the WestTowne Center site would not result in the displacement of existing recreational uses. The proposed WestTowne Center development would not displace current recreational uses on the site or in the vicinity of the site. 4 D:=. WestTowne Center Project 30 City of Yakima Rezone Application c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The rezone of the WestTowne Center site would not result in the displacement of existing recreational uses; therefore no impact reduction or control measures would be required. Although no impacts to recreational activities would occur for project development, WestTowne LLC has voluntarily begun discussions with the Yakima Greenway Foundation regarding the potential extension of a section of the Yakima Greenway trail adjacent to the site. See Figure 4, WestTowne Center Overall Site Plan, for a conceptual route for the trail. Location of the trail along the northern perimeter of the site would allow for a convenient route from N 6th Avenue to N 16th Avenue and would provide a connection to the proposed William O. Douglas trail. The specifics of the trail extension would be determined in coordination with the Yakima Greenway Foundation, the City and WSDOT as part of a separate process from this WestTowne Center Rezone Application and Site Plan approval process. For citizens enjoying the segment of the Yakima Greenway trail system, this trail extension would provide a new, convenient linkage to facilities and services south of the highway. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. According to the National Register of Historic Places and Washington Office of Archaeology and Historic Preservation, there are no registered historic places on or adjacent to the project site. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. The site is currently accessible by the Yakima Interurban Trolley, which runs from Pine Street in downtown Yakima to Selah. The trolley line runs adjacent to the east border of the project site along N 6th Avenue. Currently, the trolley runs on a very limited schedule, but expansions in service and improvements in infrastructure are anticipated in the future. The WestTowne Center project would incorporate a trolley stop along the eastern border of the site to accommodate the anticipated future expansion of trolley service along N 6th Avenue. c. Proposed measures to reduce or control impacts, if any: The proposed rezone of the WestTowne Center site would not result in impacts to known historic, archaeological, scientific, or culturally significant sites; therefore, no impact reduction or control measures are necessary. Development and operation of the WestTowne Center project would not result in impacts to known historic, archaeological, scientific, or culturally significant sites; therefore, no impact reduction or control measures are necessary. WestTowne Center Project 31 City of Yakima Rezone Application 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Primary access to the WestTowne Center development would be provided by US 12 via N 16th Avenue. The primary entrance to WestTowne Center would be at N 16th Avenue, south of US 12. This entrance would be aligned with the existing entrance to the Lake Aspen Office Park. This intersection on N 16th Avenue would operate as a signalized intersection. The project would also have secondary access from N 6th Avenue and River Road. The project would involve construction of an access road extending south from the southern boundary of the site to River Road. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? No, the site is not currently serviced by Yakima Public Transit. The nearest bus stops are approximately .5 to 1 mile from the WestTowne Center site perimeter near N 16th Avenue /Fruitvale and along J street. It is anticipated that Yakima Transit would provide an additional stop(s) closer to the project site once the retail businesses are operational. The site is currently accessible by the Yakima Interurban Trolley which runs from Pine Street in downtown Yakima to Selah. The trolley line runs next to the east border of the project site along N 6th Avenue. Currently, the trolley runs on a very limited schedule but expansions in service and improvements in infrastructure are anticipated in the future. The WestTowne Center project would incorporate a trolley stop along the eastern border of the site to accommodate the anticipated future expansion of trolley service along N 6th Avenue. c. How many parking spaces would the completed project have? How many would the project eliminate? The proposed rezone of the WestTowne Center site would not result in the addition or elimination of parking spaces on the site. This project would provide 4,093 parking spaces on -site; this supply would provide adequate capacity for the needs of the development and is in excess of the number required by City of Yakima code. See Figure 4, WestTowne Center Overall Site Plan, for a conceptual layout of the parking spaces. The development would not eliminate existing public parking spaces. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The rezone of the WestTowne Center site would not result in the requirement for new roads or improvements to roadways. A Traffic Impact Analysis (TIA) has been prepared in support of a potential EIS Addendum and was used as a reference in preparation of this SEPA checklist and submitted to the City for review and comment (see Appendix A to this application). The TIA evaluates the capacity of the surrounding road system to accommodate the proposed rezone and development of the project site. The TIA recognizes that the City of Yakima anticipates construction of various transportation improvements in the site area as part of the City's Six -Year Transportation Improvement Program. Based on the results of the TIA, improvements to the westbound and eastbound ramps at the US WestTowne Center Project 32 City of Yakima Rezone Application 12/N 16th Avenue intersection would be necessary in the future to accommodate the proposed 806,700 sq. ft. of new regional commercial uses at the site. Various options were analyzed that could result in adequate capacity at the US 12 ramp intersections. Based on the TIA, the project proposes to construct a single -lane roundabout at the westbound intersection to improve traffic flow and ensure adequate capacity. Revisions to the channelization and control at the US 12 eastbound ramps would suffice to ensure adequate traffic flow. Three intersections would be constructed as part of the WestTowne Center project to provide efficient access to the site: the primary access at N 16th Avenue (which would be signalized); access at River Road; and access at N 6th Avenue. The primary entrance at N 16th Avenue, south of US 12 would be aligned with the existing entrance to the Lake Aspen Office Park to realize traffic flow efficiencies on N 16th Avenue. All other roadways and intersections in the project vicinity would have adequate capacity to accommodate the rezone and proposed development. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. The proposed rezone of the WestTowne Center site would not require the use of water, rail or air transportation. The WestTowne Center development would not use water, rail or air transportation for its operations. The development is in the vicinity of an existing trolley system that generally runs north -south along N 6th Avenue east of the site. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The proposed rezone of the WestTowne Center site would not result in the generation of new vehicular trips. According to the TIA, at full buildout the WestTowne Center development would generate 2,071 net new trips to the road network during the PM peak hour. g. Proposed measures to reduce or control transportation impacts, if any: Please see responses to 14D above. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: The proposed rezone of the WestTowne Center site would not result in an increased need for public services. All municipal services have adequate capacity to accommodate demand from the construction and operation of the WestTowne Center development. For example, police protection for the site would be provided by the City of Yakima Police Department. According to the Yakima Urban Area Comprehensive Plan 2025 (December 2006), projected growth in the City to 2025 could be accommodated with expansion of services via ongoing capital facilities planning. In addition, the WestTowne Center project would also utilize on -site security systems and a private security patrol to provide additional protection services. Fire protection and emergency medical services would be provided by the City of Yakima Fire Department. Again, according to the Yakima Urban Area Comprehensive DO) WestTowne Center Project 33 City of Yakima Rezone Application Plan 2025 (December 2006), projected growth in the City to 2025 could be accommodated with expansion of services via ongoing capital facilities planning. It is anticipated that existing staffing levels of the Yakima Police and Fire Departments would be adequate to serve the WestTowne Center development. The WestTowne Center development would not directly result in an increased need for healthcare services, schools or other municipal services. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Sewer The City of Yakima owns and manages the Yakima Regional Wastewater Treatment Plant that provides sewer treatment service for the City and surrounding areas. According to the Yakima Urban Area Comprehensive Plan 2025 (December 2006), sufficient capacity exists to serve existing and future demand to 2018, at which time additional aeration basin capacity at the plant will be required. The City is currently constructing a 27 -inch sewer main that runs from N 6th Avenue, westerly through the site to a midway point, then southerly to connect to River Road. This City project would also extend sewer service from this new main northward in the N 6th Avenue right -of- way. This new main would have adequate capacity to serve the proposed WestTowne Center project. A detailed sewer system plan would be developed and submitted for review and approval by the City of Yakima as part of the building permitting process. Water Water service is provided by the City of Yakima through a surface water treatment plant on the Naches River. Based on the Yakima Urban Area Comprehensive Plan 2025 (December 2006), new groundwater source(s) would enable the City to beneficially use its current water rights and provide the source needed to meet demand for the long- term. To provide the proposed WestTowne Center project with an adequate water supply, a water distribution system would be constructed that would link the existing N 16th Avenue and N 6th Avenue water mains, thus creating a looped system that would serve the project site. A detailed water system plan would be developed and submitted for review and approval by the City of Yakima as part of the building permitting process. Stormwater WestTowne Center would construct stormwater detention and infiltration facilities within the site boundary to serve the project. Stormwater would be collected and transported via underground pipes to a three -acre stormwater detention /retention area at the northeast corner of the site (which has the lowest elevation on site) where the stormwater would infiltrate the soils after treatment. The geotechnical analysis completed for the project, Report of Limited Geotechnical Investigation for WestTowne Center Phase I (October 2006), indicates that the characteristics of the soils on -site are appropriate for stormwater infiltration. See Figure 4, WestTowne Center Overall Site Plan, for the location of the proposed stormwater detention facilities. The design and construction of the project's stormwater system would meet applicable City of Yakima and Department of Ecology regulations. As currently planned, treatment of stormwater runoff would be provided by either a stormwater filter or a combined wet pond /detention pond facility; water quality treatment would meet applicable City of Yakima and Department of Ecology stormwater regulations. A detailed stormwater management plan would be prepared in compliance with applicable City of Yakima and Department of Ecology regulations and submitted for review and approval by the City as part of the site development and building permitting process. WestTowne Center Project 34 City of Yakima R one;Application 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. All utilities are currently available to the WestTowne Center site. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. The following is a list of utilities providing service to the WestTowne Center site: Refuse, Water, & Sewer: City of Yakima Cable: Charter Communications Wireless: Washington Broadband Electricity: Pacific Power Telephone: Qwest Natural Gas: Cascade Natural Gas Company Please see_ responses to 15 b above. C . k6GWTITRE `(To'lie"completed >bxy ttie applicaiif.) The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. ;Signature Date Submitted: 3 - 2-1 - p 7 STJPPLE1VENT5., SHEET EOR'NONPROJECT•ACTIONS (To.be`com leted 15y. the "ap)licant:).. - w^CS- .i n'�^I -ne ), 4. ioo SGe�M'. t +� ^.>- o_ ll o "wi n of - ,s:o'":bu - S Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, _.. - greater y ... the p : a . were not implemented. would affect the item at a eater intensit or at a aster rate than i t e ro osal were n 1. How would the proposal be likely to increase discharge to water; emissions to air; Space Reserved for production, storage, or release of toxic or hazardous substances; or production of noise? Agency Comments Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? WestTowne Center Project 35 City of Yakima Re`zor a Application Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. page 10 of 10 i ;J WestTowne Center Project 36 City of Yakima Rezone Application n _ RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER F Application EXHIBIT DOCUMENT DATE F -1 Application 03/21/07 CITY OF YAKIMA LAND USE APPLICATION r : a.r. 1s1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2"'D FLOOR ' . - : ;; YAKIMA, WASHINGTON 98902 " "" • VOICE: (509) 575 -6183 FAX: (509) 575 -6105 INSTRUCTIONS — PLEASE READ FIRST Please type 6r' rint our answers`clearl . Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART I1 and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filinE fee paid. Filing fees are not refundable. PART I — GENERAL INFORMATION 1. APPLICANT NAME WestTowne, LLC (Jerry Molitor) 2. APPLICANT ADDRESS STREET 1520 140th Ave. NE, Suite 200 CITY Bellevue AND PHONE NUMBER Bellevue, WA 98005 -4501 STATE WA ZIP 98005 PHONE 425 747 -1726 MESSAGE ( ) 3. APPLICANT'S CHECK ® OWNER ❑ OWNER REPRESENTATIVE INTEREST IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER (IF OTHER THAN NAME APPLICANT 5. PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE (IF OTHER THAN STATE ZIP PHONE ( ) MESSAGE ( ) APPLICANT) 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: See Figure 2, WestTowne Center Parcel Map and Table 1, WestTowne Center Parcel List 7. EXISTING ZONING OF SUBJECT PROPERTY: Light Industrial (M -1) and Professional Business (B -1). See Table 1, WestTowne Center Parcel List and Figure 3, WestTowne Center Site Existing Zoning and Proposed Zoning 8. ADDRESS OF SUBJECT PROPERTY: The project site is generally bounded by US 12, N 6th Avenue, River Road and N 16th Avenue. 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use x Environmental Checklist (SEPA) ❑ Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption x Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Non - Conforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other PART II — SUPPLEMENTAL APPLICATION AND PART III —REQUIRED ATTACHMENTS '. 10. SEE ATTACHED SHEETS .:. ; PART IV — CERTIFIC ATIO - 11. 1certify that the inf a 'on on this application and the r quired attachments are true and coca the best o� y knowledge. i 2.�4�1 t� OVER YOWNE< SIG MATURE DATE (r Revised 8 -04 FOR ADMINISTRATIVE USE ONLY FILE No. DATE FEE PAID RECEIVED BY T AMOUNT RECEIPT NO. HEARING DATE INDEX #_� I I pi, ;'11 CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO) PART II - APPLICATION INFORMATION REQUEST: (I, we) the property owner(s) request that the following described property be rezoned: From M1 (Light Industrial) and B1 (Professional Business) To LCC (Large Convenience Center) 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) See Attached. 3. OWNER'S SIGNATURE: (I, we) certify that (I, we) are the owner(s) of record of all of the above - described property: c_ STATE OF WASHINGTON) .' /N Gj COUNTY OF fur ) �����t;,K J G/4 On this day personally appeared before me ( � � -� t ✓u O L I � UfZ ; 0 in e' individual(s) described in and who executed the within and foregoing instrument and acV649d tf?e% arelhe owner(s) of the property requested to be rezoned, have read the application and know the ri�tent�f, attieve the } same to be true. r �A : r/0 1170 GIVEN under my hand and official seal this _day of Ak1�2 1 L- 20� PART III - REQUIRED ATTACHMENTS 4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by the Washington State Environmental Policy Act (SEPA) for a rezone request. Checklists should be obtained from the Planning Division. 5. WRITTEN NARRATIVE thoroughly answers the following questions in as much detail as possible: A. Is the requested zoning change suitable with the property in question (subject property)? How so? B. How is the rezone request in compliance with and/or how does the request deviate from the 1997 Yakima Urban Area Comprehensive Plan as amended? C. Are there adequate public facilities, such as traffic capacity, sewer service, potable water, storm water and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. Is the proposed zone change and associated land uses changes compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as site screening, buffering building design, open space traffic flow alternation, etc.? E. Is there a public need for the proposed change? 6. SPECIFIC PROJECT If this request is for a specific project please include the following: A. Written project description including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. B. Site Plan (Please use the City of Yakima Site Plan Checklist) Vote: All submitted information will be forwarded to the Hearing Examiner along with your application and will become part of the pcybl7c ;hearing record. Clear, comprehensive and accurate detail of the information is in the best interest of the applicant. INDEX # The following provides responses to the questions pertinent to a Land Use Rezone Application, as contained in the "Required Attachments" section of the application requirements. A. Is the requested zoning change suitable with the property in question (subject property)? Flow so? Yes, the requested zoning change is appropriate for the subject property. The City of Yakima (City) has previously recognized in its comprehensive planning efforts that this site is well- suited for a regional commercial development. The 1997 Yakima Area Comprehensive Plan, applied a land use designation to the site that was consistent with a large, regional commercial center. In the Yakima Urban Area Comprehensive Plan 2025 recently adopted in December 2006, the subject site is one of only three sites in the City designated as Regional Commercial (RC). This Rezone Application requests that the subject parcels be redesignated as Large Convenience Center (LCC) which is an acceptable and consistent land use zoning designation for the RC category, according to Table III -11, of the Yakima Urban Area Comprehensive Plan 2025 (December 2006). Several features of the proposed WestTowne Center site make it well- suited for the LCC zoning designation. The proposed project site includes approximately 78.6' contiguous acres which would be sufficient to accommodate a regional shopping center. The proposed site is visible and easily accessible from US 12 and N 16th Avenue, a primary arterial. The site is surrounding by existing light industrial and business land uses which are compatible with regional commercial land uses. Adjacent parcels are currently zoned LCC, Professional Business (B -1) and Light Industrial (M -1). The proposed LCC zoning designation would be compatible with existing zoning designations in the project site area. Development of the project site would create little disruption for existing uses, as the site is nearly vacant, and would complement existing uses in the area. The site is not located in proximity to an established residential neighborhood nor does the site contain any sensitive site features (i.e. no wetlands, streams or other environmental constraints are present on the site). Adequate utilities, infrastructure and public services are available to support the WestTowne Center development. If the rezone to LCC is approved, the site would be one of only four sites in the City zoned LCC. B. Flow is the rezone request in compliance with and /or how does the request deviate from the 1997 Yakima Urban Area Comprehensive plan as amended? The overall WestTowne Center project site consists of 78.6 acres. Approximately 75.88 acres are proposed to be rezoned to the Large Convenience Center (LCC) zoning designation. The remaining 2.72 acres of the site would be comprised of portions of two parcels that would be used for an access road from the site to River Road. The two parcels through which the access road would traverse would not be rezoned at this time. WestTowne Center Project 38 City of Yakima Rezone Application 11ND E X In the 1997 Yakima Urban Area Comprehensive Plan, the land use designation applied to the project site was Large Convenience Center (LCC). In the newly adopted Yakima Urban Area Comprehensive Plan 2025 (December 2006), the land use designation for the project site is Regional Commercial. This request to rezone the project site to LCC is in compliance with the 2006 Yakima Urban Area Comprehensive Plan and the long -term planning goal of the City of Yakima to establish this site for regional commercial /retail center uses. The WestTowne Center proposal would be consistent with City of Yakima policies for Regional Commercial uses as stated in the Yakima Urban Area Comprehensive Plan 2025 (December 2006) including: • inclusion of a range of uses in a large -scale shopping center that would attract people from the surrounding communities (Policy 3.9.1); • siting regional commercial uses along a highway or at the intersection of a principal arterial with a freeway or highway (Policy 3.9.2); • adequate sizing to serve a regional population (Policy 3.9.3); • sufficient available utilities and public services (Policy 3.9.4); and • situated in an area that would be served by transit service (Policy 3.9.7). The proposed rezone request is also consistent with other applicable policies of the Yakima Urban Area Comprehensive Plan (December 2006) including: Policies 4.1.3, 4.22, 6.10.2, 6.13.1, 6.18.4 and 8.2.4. C. Are there adequate public facilities, such as traffic capacity, sewer service, potable water, stormwater and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? Yes, adequate capacities in infrastructure, public facilities and public services would be available to support the most intensive use of the LCC zone and the proposed WestTowne Center project. Traffic A Traffic Impact Analysis (TIA) has been prepared in support of a potential EIS Addendum for the WestTowne Center project and has been used as a reference for development of this SEPA Checklist (see Appendix A). The TIA evaluates the capacity of the surrounding road system to accommodate the proposed rezone and development of the project site. The TIA recognizes that the City of Yakima anticipates construction of various transportation improvements in the site area as part of the City's Six -Year Transportation Improvement Program. Based on the results of the TIA, improvements to the westbound and eastbound ramps at the US 12/N 16th Avenue intersection would be necessary in the future to accommodate the proposed 806,700 sq. ft. of new regional commercial at the site. Various options were analyzed that could result in adequate capacity at the ramp intersections. Based on the TIA, the project proposes to construct a single -lane roundabout at the westbound intersection to improve traffic flow and ensure WestTowne Center Project 39 City of Yakima Rezone Apo J ation i EX r_ adequate capacity. Revisions to the channelization and control at the eastbound ramps would suffice to ensure adequate traffic flow. Three intersections would be constructed as part of the WestTowne Center project to provide access to the site: the primary access at N 16th Avenue (which would be signalized); access at River Road; and access at N 6th Avenue. The primary entrance at N 16th Avenue, south of US 12 would be aligned with the existing entrance to the existing Lake Aspen Office Park to realize traffic flow efficiencies on N 16th Avenue. All other roadways and intersections in the project vicinity would have adequate capacity to accommodate the rezone and proposed development. Sewer The City of Yakima owns and manages the Yakima Regional Wastewater Treatment Plant that provides sewer treatment service for the City and surrounding areas. According to the Yakima Urban Area Comprehensive Plan 2025 (December 2006), sufficient capacity exists to serve existing and future demand to 2018, at which time additional aeration basin capacity at the plant will be required. The City is currently constructing a 27 -inch sewer main that runs from N 6th Avenue, westerly through the site to a midway point, then southerly to connect to River Road. This City project would also extend sewer service from this new main northward in the N 6th Avenue right -of -way. This new main would have adequate capacity to serve the proposed WestTowne Center project. A detailed sewer plan for the site would be developed and submitted for review and approval by the City of Yakima as part of the site development and building permitting process. Water Water service is provided by the City of Yakima through a surface water treatment plant on the Naches River. Based on the Yakima Urban Area Comprehensive Plan 2025 (December 2006), new groundwater source(s) would enable the City to beneficially use its current water rights and provide the source needed to meet demand for the long- term. To provide the proposed WestTowne Center project with an adequate water supply, a water distribution system would be constructed that would link the existing N 16" Avenue and N 6th Avenue water mains, thus creating a looped system that would serve the project site. A detailed water system plan for the site would be developed and submitted for review and approval by the City of Yakima as part of the site development and building permitting process. Stormwater No stormwater pipes or conveyance systems are known to currently serve the project site. No connection currently exists from the project site to the Naches River. WestTowne Center would construct stormwater detention and infiltration facilities within the site boundary to serve the project. Stormwater would be collected and transported via underground pipes to a three -acre stormwater detention /retention area at the northeast corner of the site (which has the lowest elevation on site) where the stormwater would infiltrate the soils after treatment. The geotechnical analysis completed for the project, Report of Limited Geotechnical Investigation for WestTowne Center Phase I (October 2006), indicates that the characteristics of the soils on -site are appropriate for stormwater infiltration. See Figure 4, WestTowne Center Overall Site Plan, for the location of the proposed stormwater detention facilities. The design and construction of the project's stormwater system would meet applicable City of Yakima WestTowne Center Project 40 City of Yakima Rezone AgN",a on and Department of Ecology regulations. As currently planned, treatment of stormwater runoff would be provided by either a stormwater filter or a combined wet pond /detention pond facility; water quality treatment would meet applicable City of Yakima and Department of Ecology stormwater regulations. A detailed stormwater management plan would be developed in compliance with applicable City of Yakima and Department of Ecology regulations and submitted for review and approval by the City as part of the site development and building permitting process. Other Public Services All other municipal services have adequate capacity to accommodate demand from the proposal. For example, police protection for the site would be provided by the City of Yakima Police Department. According to the Yakima Urban Area Comprehensive Plan 2025 (December 2006), projected growth in the City to 2025 could be accommodated with expansion of services via ongoing capital facilities planning. In addition, the WestTowne Center project would also utilize on -site security systems and a private security patrol to provide additional protection services. Fire protection and emergency medical services would be provided by the City of Yakima Fire Department. Again, according to the Yakima Urban Area Comprehensive Plan 2025 (December 2006), projected growth in the City to 2025 could be accommodated with expansion of services via ongoing capital facilities planning. It is anticipated that existing staffing levels of the Yakima Police and Fire Departments would be adequate to accommodate the most intensive use in the LCC zone and serve the WestTowne Center development. D. Is the proposed zone change and associated land cases changes compatible with the existing neighboring eases? What mitigating measures are planned to address incompatibility, such as site screening, buffering building design, open space, traffic flow alteration, etc.? The current zoning designations for properties adjacent to the proposed WestTowne Center site are Light Industrial (M -1) to the east and south, Large Convenience Center (LCC) to the southwest, Professional Office (B -1) to the west and US 12 to the north. Current land uses on adjacent sites include light industrial, commercial /business, retail and limited residential. The site is generally surrounded by more intensive land uses than currently exist on -site. The proposed rezone change and associated development would be compatible with surrounding business uses and current land use and zoning designations. The site would be landscaped along the site perimeter, within the parking areas, and adjacent to buildings to provide an aesthetically - pleasing environment and to provide a buffer and transition to adjacent land uses. The landscaping plan would conform to all City zoning regulations and would make extensive use of native and drought- resistant plant species. A final landscape planting plan and irrigation plan would be developed and submitted for review and approval by the City of Yakima as part of the building permitting process. WestTowne Center Project 41 City of Yakima Rezone A iici3tion F -1 As indicated, traffic generated from the WestTowne Center development could be accommodated on the existing roadways system with identified improvements, according to the Traffic Impact Analysis, March 2007. One existing intersection would operate below Level of Service D with development of the project: the westbound US 12 ramps at N 16th Avenue. WestTowne Center proposes to construct a single -lane roundabout at this location to improve operations at this intersection. The primary entrance to WestTowne Center would be at N 16th Avenue, south of US 12. This entrance would be aligned with the existing entrance to the Lake Aspen Office Park to create traffic flow efficiencies on N 16th Avenue. Sidewalks and pathways within the site would provide linkages for pedestrian and bicycle traffic. On -site sidewalks would connect to off -site walkways that would provide linkages to surrounding amenities including the Yakima Cinemas theater complex, the Yakima Interurban Trolley system along N 6th Avenue, and the Yakima Greenway Trail system. E. Is there a public need for the proposed change? The City of Yakima (City) has recognized in its previous comprehensive planning efforts that this site is well- suited for regional commercial uses. In the Yakima Urban Area Comprehensive Plan 2025 (December 2006), this consideration is re- established. The Plan also substantiates this need for sites to accommodate regional -scale retail and business development as part of Primary Goal 3.9. In order to implement this goal, the Comprehensive Plan designated three sites for potential Regional Commercial uses, one of which is the proposed WestTowne Center site. For the reasons cited above in response to Question 5A, this site is ideally- situated for regional commercial uses. Further, the Comprehensive Plan recognizes that the downtown area has been in decline since the Yakima Mall closed. Existing retail commercial areas in the City are not conducive to providing regional shopping opportunities. Rezone and development of the WestTowne project would provide the community with a greater diversity of retail, service and business establishments and would strengthen the City's position as a retail trade center. The approval of the zoning change request and Site Plan included in this application would be consistent with the recently adopted Comprehensive Plan and would fulfill a public need for regional commercial uses in the City of Yakima that has existed for the past 10 years. WestTowne Center Project 42 City of Yakima Rezone Ad ation RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER G Public Comments EXHIBIT # DOCUMENT DATE G -1 Comment letter from Rod Knipper dated 10/20/06, Lake 10/23/06 Aspen Office Park Association G -2 Comment letter from Al Brown dated 7/30/07, Yakima 07/30/07 Greenwa Foundation G -3 Comment letter from David H. Lawrence dated 7/26/07, 07/30/07 Holtzin er Fruit Company G -4 Comment letter from Al Brown dated 9/28/07, Yakima 09/28/07 Greenwa Foundation G -5 Comment letter from Bill Preston dated 10/01/07, 10/03/07 Washin ton State Department of Transportation G -6 Comment letter from David H. Lawrence dated 10/30/07, 11/05/07 Holtzin er Fruit Company G -7 Comment letter from Gwen Clear dated 11/07/07, 11/08/07 Department of Ecology G -8 Comment letter from Scott Williams [electronic fax], Department 11/08/07 of Archaeology & Historic Preservation G -9 Comment letter from Dean Patterson dated 11/09/07, 11/09/07 Yakima County Public Services G -10 Comment letter from Scott Williams dated 11/08/07, 11/13/07 Department of Archaeology & Historic Preservation G -11 Comment letter from Bill Preston dated 11/09/07, 11/13/07 Washin ton State Department of Transportation G -12 Comment letter from Lynn Kohn dated 11/27/07, Dept. of 11/30/07 Community, Trade & Economic Development STATE OF WASHIN13TON "L�11LICI VC9..) NOV 3 0 2007 Pi-'Af NING DIV. DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 928 - 10= Avenue SW • PO Box 42525 a OlytnpMa Washington 98504.2525 - (360) 7 25-4000 November 27, 2007 Bruce Benson Supervising Planner City of Yakima Department of Community and Economic Development 129 North Second Street 2nd Floor Yakima, Washington 98902 Dear Mr. Benson: Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed rezoning of 80 acres of land currently zoned B -1, Professional Office and M- 1, Light Industrial, to be re -zoned large commercial center zoning. These materials were received on 11/21/2007 and processed with the Material ID # 12393. We have forwarded a copy of this notice to other state agencies. If this is a draft amendment, adopted amendments should be sent to CTED within ten days of adoption and to any other state agencies who commented on the draft. If you have any questions, please call me at (360) 725 -3042. Sincerely, l' ldfl Nees!. (0 14 Lynn Kohn Growth Management Planner Growth Management Services Enclosure OC. fNDEX STATE AGENCIES REVIEWING DEV REGS Revised November 2007 Cities and counties need to send electronic copies of their draft development regulations to the Washington State Department of Community, Trade and Economic Development (CTED), GMS Review Team, reviewteam(o)cted.wa.gov, at least 60 days ahead of adoption. If a jurisdiction only has hard copies available, it should mail a copy to each of the agencies' representatives listed below, at least 60 days ahead of adoption. Adopted regulations should be sent to CTED, either by mail or email, immediately upon publication, as well as to any state agencies that commented on the draft. A jurisdiction does not need to send its regulations to the agencies which have been called ahead and that have indicated the local regulations will not be reviewed. The jurisdiction should keep a record of this contact with state agencies and the state agencies' responses. Elizabeth McNagny Department of Social and Health Services Post Office Box 45848 Olympia, Washington 98504 -5848 (360) 902 -8164 Fax: 902 -7889 Email: mcnagec@dshs wa.gov Jennifer Hayes Department of Fish and Wildlife Post Office Box 43155 Olympia, Washington 98504 -3155 Tel: (360) 902 -2562 Fax: (360) 902 -2946 Email: hayesilh(c�dfw.wa.gov Review Team CTED Growth Management Services Post Office Box 42525 Olympia, Washington 98504 -2525 (360) 725 -3000 Fax: (360) 753 -2950 Email: reviewteam(a)cted.wa.gov Hugo Flores Washington State Dept of Natural Resources GMA/SMA Planning & State Harbor Areas 111 Washington St SE PO Box 47027 Olympia, WA 98504 -7027 Phone: (360) 902 -1126 Fax:(360) 902 -1786 E -mail: hugo.flores(a7dnr.wa.g0v Kelly Cooper Department of Health Environmental Health Division Post Office Box 47820 Olympia, Washington 98504 -7820 (360) 236 -3012 Fax: (360) 236 -2250 Email: Kellv.cooper (55)doh.wa.gov SEPA/GMA Coordinator Department of Ecology Post Office Box 47600 Olympia, Washington 98504 -7600 (360) 407 -6960 Fax: (360) 407 -6904 Email: gmacocrdination wecy.wa.goy Ron Shultz Puget Sound Water Quality Action Team Post Office Box 40900 Olympia, Washington 98504 -0900 (360) 725 -5470 Fax (360) 725 -5456 Email: rshultz(o)psat.wa.gov Bill .Wiebe Department of Transportation Post Office Box 47300 Olympia, Washington 98504 -7370 (360) 705 -7965 Fax: 705 -6813 Email: wiebeb(@wsdot.wa.gov Rebecca Barney Department of Corrections Post Office Box 41112 Olympia, Washington 98504 -1112 (360) 753 -3973 Fax: (360) 586 -8723 Email: rmbarney @doc1.wa.gov S: \Gmu\ADMIN \Lists \State Agencies Reviewing Dev Regs 11- 07.doc DOC. NDEX AMNEW Washington State ®® Department of Transportation Paula J. Hammond Secretary of Transportation November 9, 2007 City of Yakima — Planning Division 129 North Second St., City Hall Yakima, WA 98901 -2637 Attention: Doug Maples, Code Administration & Planning Manager Subject: UAZO EC #29 -07 & Rezone #13 -07; WestTowne, LLC Riverpointe Landing Shopping Center (806,700 SF) Preliminary Mitigated Determination of Non - Significance US 12, 16th Avenue interchange (MP 202) South Central Region 2809 Rudkin Road, Union Gap P.O. Box 12560 Yakima,WA98909 -2560 (509) 577 -1600 ,_°'IT11 3 e9 �� M itirtl TTY: 1- 800 -833 -6388 www.wsdot.wa.gov PLANNING lit �1 f. CITY C. CODE ADM71 ,'. i_.=i`.'i:,!ON NOV 13 2007 ❑ REC'VD F'AX1. �❑ ❑ PAID FYI ❑ We received the Preliminary Mitigated Determination of Non - Significance for the proposed Riverpointe Landing Shopping Center. We sent comments regarding this development in a letter dated October 1, 2007 and in a number of emails. The language in the Preliminary MDNS dated October 25, 2007 is consistent with our comments, and we agree with it. We appreciate the City working with WSDOT to address our collective transportation concerns. Since the Preliminary MDNS was issued, we received additional analysis for consideration from Transportation Solutions, Inc. regarding mitigation measure 3.c. The proposed modifications are an improvement (reduction in queue length) and we continue to evaluate the information. There remain concerns by the Department regarding the movement from the interchange southbound to the site entrance. We will continue to review supplemental analysis as provided by the consultant, and suggest the City arrange a meeting with TSI and WSDOT in the next couple of weeks to discuss the alternatives. Thank you for the opportunity to comment on this preliminary MDNS. If you have any questions or require further information, feel free to contact Rick Holmstrom at 577 -1633. Sincerely, Bill Preston, P.E. Regional Plannin Rick Hblingr'om, Development Services Engineer BP: Jg/rh cc: File #16, SR 12 Rick Gifford, Traffic Engineer Les Turnley, Area 2 Maintenance Superintendent p:\ planning \devrev \sr l 2\ yakcity _riverpointe_pre- mdns.doc ..) 0 C r- iNDEX STATe �y k' .CH��Fz a x -- �'� STATE OF WASHINGTON l,I f y D� YttKIiW' DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION Pt,ANNING Div. 1063 S. Capitol Way, Suite 106 - Olympia, Washington 98501 Mailing address: PO Box 48343 - Olympia, Washington 98504 -8343 (360) 586 -3065 - Fax Number (360) 586 -3067 - Website: www.dahp.wa.gov November 8, 2007 Mr. Doug Maples Code Administration And Planning Manager City Of Yakima 129 N. 2nd St. Yakima, WA 98901 In future correspondence please refer to: Log: 110807 -07 -YA Property: WestTowne LLC Yakima Shopping Mall UAZO EC #29 -07 Re: Archaeology - Survey Requested Dear Mr. Maples: CIT:ADMIN. YAKIMA COUE DIVISION N3 2007 ❑ RE FA FYI ❑ PA We have reviewed the materials forwarded to our office for the proposed project referenced above. The area has the potential for archaeological resources. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities, and that this survey include subsurface testing for buried deposits. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586 -3088 or Scott.Williams @dahp.wa.gov. Sincerely, Scott Williams Assistant State Archaeologist (360) 586 -3088 scott.williams(cldahp.wa.gov CC: Johnson Meninick, YIN -�Oc. INDEX November 9, 2007 RECE VED Public Services f'IV 0 9 200; CITY OF YAKiw. 128 North Second Street - Fourth Floor Courthouse - Yakima, WashingtoO.0014ING DIV (509) 574 -2300 - 1- 800 -572 -7354 - FAX (509) 574 -2301 - www.co.yakima.wa.us Doug Maples, Codes and Planning Manager City of Yakima Planning Division 129 N. 2nd Street Yakima, WA 98901 VERNM. REDIFER, P.E. - Director RE: SEPA Comments on 10 Ave. Shopping Center - Riverpointe (UAZO EC #29 -07) Dear Mr. Maples: CITY OF YAKIMA CODE ADMIN. DIVISION 2ill�% ❑REC'VU FAXED❑ ❑PAID FYI Thank you for the opportunity to review the above project. We offer the following comments. Given that this project is well within the City of Yakima, and does not involved nearby County roads, our comments are provided as an agency with expertise, as a co- administrator of our regional Shoreline Master Program, and as a party to the Upper Yakima Comprehensive Flood Hazard Management Plan (CFHMP). The comments below are organized based in these relationships. Shoreline Master Prollram Issues Yakima County and the City of Yakima currently share a regional Shoreline Master Program (SMF'). Consequently, we are providing the following information for your consideration in this development. This property is on the other side of the freeway from the Naches River. According to our air photo history of the area, the Naches River had a side channel that ran on the south side of the current freeway location This side channel was filled or cut off from the river when the freeway was constructed. Consequently, the remainder that lies on the south side of the freeway has been isolated from the river and appears to be a wetland. Two copies of historic photos from 1927 (black and white) and 2002 (color) are attached to these comments. Since the wetland would be in hydraulic continuity with the river, it would fall within shoreline jurisdiction. The proposal appears to contemplate filling the wetland. There is no indication of its existence on the site plan. And structures are planned within or in close proximity to its likely location. A wetland study should be conducted to determine the extent and type of wetland that is present. A shoreline permit appears to be needed for any wetland areas that would be impacted. The City should consult with the Dept. of Ecology regarding further Shoreline and wetland issues. The Yakima Greenway is a regional recreation facility for the Yakima Valley that provides important public access to the Yakima Valley's Shorelines of Statewide Significance. Impacts to these facilities need to be carefully considered. Below you will find comments related to the Greenway and public access along the Shoreline. DOC, i N DEX November 9, 2007 Page 2 General Planning Issues Access/Trafftc Flow This is an exciting development to think about, and we look forward to seeing its development. However, we don't want the project to have the same problems we have seen in the shopping areas at the east end of Washington Avenue recently, which have inadequate access and road facilities for the users during busy times. Please note that a traffic study won't really account for building and parking layout problems. Such problems can significantly affect the assumptions on traffic splits in and out of the site. Most major shopping centers use either a perimeter road to provide diffuse access all around the site, or several discrete major access points. This development has one major discrete access, one minor alternate access, and one minor isolated access. The focus for access of the entire shopping center is at 16`h Ave. However, the ability to access the central parking lot and associated stores is highly constrained by the convoluted access pathways into the central area from 16`hAvenue. This problem is further exacerbated by parallel parking or angled parking that will back into traffic. Furthermore, the main east -west road through project needs to be of significant size to distribute traffic, but it does not cross the property as such all the way through the site, nor does it even go to the central area of the site. Combined with pedestrian traffic, the 16 1h Avenue access appears to have the makings of a perpetual traffic jamb. Consequently, people will avoid using the 16`h Ave. access and try to use River Road, which does have a more direct access path into the central area, but does not have any proposed intersection improvements to handle the traffic volumes. Alternatively, people will try to use 6`h Avenue, which has one minor access area (though with two driveways) that is highly isolated from the central shopping area. It would be a reasonable assumption that people from the east side of the city will be trying to access the shopping center using 6`h Avenue, since it provides access to areas east of the railroad tracks via Gordon/Tamarack, I Street, and 5`h Avenue. It will be much more attractive to users than the isolated access on River Road or the more distant access on 16`h Avenue. The problem is that the condition of 6`h Avenue is not suitable for the volume of traffic that will be using it to access the shopping center. The project layout needs to be designed to accommodate traffic from all directions easily, since that is the actual way accesses will be used, unless access is obstructed from chosen directions. The access points should be designed to enter directly into the central area, with branching driveways to different parts of the site. Main driveways could even be made to be curving similar to tl-c development's river namesake. Intersections are opportunities for interesting design features. Alternatively, the perimeter road concept may be used with many access points into the central area. Lastly, the parking area seems extremely large — much more than that required under the zoning ordinance. Driveways providing access through the central area create opportunities to provide features or additional landscaping to breakup the very large expanse of parking lot. The solar gain on this amount of parking will be very high and providing additional tree canopy can help reduce this effect. Recommendations: 1. Provide consistent, direct, and major access from the 3 sides of the property to the central area. A primary road through the central area of the shopping center and connecting 16`h and 6`h Avenues would be a good idea. 2. If the cross road connecting 16`h and 6`h Avenues is to be retained, consider making it a public street or at least design it to public street standards. 3. Prohibit parking (especially angle parking) on the major access roads and orient stores to the parking areas. 4. Provide improvements for streets that provide access to the shopping center. This includes intersection improvements, frontage improvements, and upgrades to 6`h Avenue so it can handle ,JDEX November 9, 2007 Page 3 the traffic without falling apart. Consider additional landscaping to offset the extensive amount of parking lot area. Greenway We are pleased to see that the impacts to the Greenway are being considered. The greatly increased traffic necessitates providing safer conditions for Greenway users in the area along 16`h Avenue and the freeway interchange. The proposed mitigation measures are appropriate. However, we would like to raise other issues, as discussed further below. The greatly increased use of this property will encourage greater use of and demand on the Greenway's 16`h Avenue access point on the opposite side of the freeway interchange. The problem is that the parking lot for this access point is already regularly overburdened. A solution would be to supplement the existing Greenway parking area with additional parking at the shopping center. This would also provide a higher level connection for the development to a major regional recreation attraction which would be beneficial to the development. It could also provide support to the pedestrian/bicycle/William O. Douglas trail system currently contemplated by the proposed SEPA mitigation Other advantages to this relationship are provided under the Flood Hazard comments below. From another perspective, the proposed trail design on the development site, the mitigation for the Douglas Trail, and the proximity to the Greenway trail will result in the intersection of the region's major trail systems being drawn to the interior of the proposed development. Given the configuration of the trail system relative to the development, it is near certain that the parking facilities for the development will be used by patrons of the Greenway and Douglas trail system, especially during peak use periods (summer evenings) when the existing Greenway parking lot is beyond its capacity. Planning for this use now will avoid future conflicts as the development density, the transportation system (motorized and non - motorized), and the regional population expand. Another problem is that the increased traffic, combined with the new roundabout on the north side of the freeway interchange will make it a scary experience for pedestrians to cross the roundabout's multiple access points to get from the Greenway path to the freeway bridge sidewalks. Currently, stop signs facilitate pedestrian crossings during busy traffic. A better solution would be to separate the pedestrian traffic from the freeway traffic. This could be done by providing an arch -pipe crossing under the west -bound off -ramp, then running the path up the fill -bank to the bridges east -side crosswalk. Keeping the path on the east side of the bridge would also provide a more direct connection to any alternate Greenway parking lot located at the shopping center. Trolley Line This project will be impacting 6`h Avenue, which has the Trolley Line running along it. Consequently, the project will also be impacting the trolley line, especially given the need for 6`h Avenue improvements. This situation has some interesting possibilities similarto the William O. Douglas and Greenway trails. The trolley is local attraction that connects the Cities of Yakima and Selah. It seems like there is an opportunity to make a functional connection between the cities and the shopping center that may be able to provide transportation to the shopping center. Please consider this possibility. Comprehensive Flood Hazard Management Plan The Upper Yakima CFHMP has been adopted by Yakima County and is currently in the adoption process with the City of Yakima,. The CFHMP includes a description of the problems in the lowest reach of the Naches River from sedimentation caused by pinching the floodplain of the Naches River by the freeway, and especially by the 16 `h Avenue interchange and the Greenway parking lot located there. The pinch -point causes ponding , November 9, 2007 Page 4 which increases sediment deposition and other problems. "The current configuration of US 12 contains the 100 and 500 year floods, protecting a large area of the City of Yakima from flooding by the Naches River. Failure of US 12 during a flood event would prove catastrophic to large areas of Yakima as there are currently no facilities to let floodwaters exit the City and return to the Yakima or Naches rivers. Repeated damage to US 12 upstream of the 16th Avenue Exit, even during relatively minor flood events, presents high levels of flood hazard not only due to loss of transportation infrastructure, but also due to the key role that this portion of highway plays in providing a high level of flood protection to a large urbanized area." To emphasize the importance of this issue, the County, City, WSDOT, and other parties have entered into a Memorandum of Understanding to deal with sedimentation problems in this reach -The Lower Naches River Coordination Project (Calvin et al., 2005). While the WSDOT will be implementing a project to protect US 12 from the repeated erosion events, aggradation at this location is likely to continue. The effects of this aggradation over the long term will be to cause further erosion of US 12 upstream of the proposed project, loss of conveyance capacity of the Naches River which will reduce the effectivness of US 12 as a levee, and sediment starvation of the Naches and Yakima Rivers downstream from this point. The solution for the ongoing, long -term problems caused by the pinch -point is to remove or reduce the pinch -point . Removing the pinch -point is complicated by the facilities located there (Greenway parking lot and freeway interchanges). Finding an alternate location for the parking lot would allow modification of the pinch- point in the future. The only remaining alternate location near the existing location is at the shopping center development site. If a parking area for Greenway users could be provided at the shopping center, the larger floodplain problem could be readily addressed Re- locating the parking lot could also solve a problem related to the roundabout. Constructing a roundabout on the north side of the interchange will take a large footprint. The problem is that the intersection for the on/off ramps is elevated high in the air. The roundabout will require a large amount of fill to establish the needed footprint. If the Greenway parking lot were relocated, the fill material from that location could be used to create the roundabout. Thank you for the opportunity to comment on this project. If you have questions regarding anything in this letter, feel free to call me at 574 -2245. Sincerely, DEAN PATTERSON Planning Division Environmental and Natural Resources Manager C: Department of Ecology Shorelines Div.— Cathy Reed Yakima Greenway — Al Brown Vern Redifer Flood Control Zone District GADevelopment Services \Users \DEANP\MISC \REVIEWS \Yak 16th shopctndoc *� : - i •sa, j Or 'rte' � �• , •y -- - -� "'�( y ti r iM r • s . s X �' • J � • ••i1�y�1 � • a T•'� ; Yt' 4k4 •. N * P I�♦ d `i ;` � � � • � + ,! ` • "'111 too". d' a "' - • • • • 4 .ia .� 3 . � � � ac;• t yM r a` r , { r ••� r - - NA��.ri ♦.N w•. •a -. ' I From:Swilliams 360 586 3067 � yfn Tg e a, \y< STATE OF WASHINGTON 11108/2007 12.42 #087 P.001 /001 RECEIVED NO o s 2oo7 IaI fY OF YAKiljih I't AWNING DIV DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION 1063 S. Capitol Way, Suite 106 • Olympia, Washington 98501 Mailing address: PO Box 48343 • Olympia, Washington 98504 -8343 (360).586-3065 • FaxNumber(360) 586 -3067 • Website: www.dahp.wa.gov November 8, 2007 Mr. Doug Maples Code Administration And Planning Manager City Of Yakima 129 N. 2nd St. Yakima, WA 98901 In future correspondence please refer to: Log: 110807 -07 -YA Property: WestTowne LLC Yakima Shopping Mall UAZO EC 929 -07 Re: Archaeology - Survey Requested Dear Mr. Maples: We have reviewed the materials forwarded to our office for the proposed project referenced above. The area has the potential for archaeological resources. Further, the scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey of the project area be conducted prior to ground disturbing activities, and that this survey include subsurface testing for buried deposits. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586 -3088 or Scott. Williams @dahp.Nva.gov. Sincerely, }[electronic fax] Scott Williams Assistant State Archaeologist (360) 586 -3088 Scott. ivilli a tnsLa!dahp. �v,i.goV CC: Johnson Meninick, YIN STATE 1 01 9y 1889 a� ��.F`��9CItV6i lag ►� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490 November 7, 2007 Doug Maples City of Yakima Dept. of Community Development 129 North 2nd Street Yakima, WA 98901 Dear Mr. Maples: Your address is in the Lower Yakima watershed Thank you for the opportunity to comment on the preliminary mitigated determination of nonsignificance for the construction of an 806,700 square foot shopping center, proposed by WestTowne, LLC [UAZO EC 29 -07]. We have reviewed the environmental checklist and have the following comments. Water Resources The water purveyor (City of Yakima) is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44. 100 RCW. If you plan to use water for dust suppression at your site, be sure that you have a legal right. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. (Chapter 90.03 RCW Surface Water Code and Chapter 90.44 RCW Regulation of Public Ground Waters) If in doubt, check with the Department of Ecology, Water Resources Program. Temporary permits may be obtainable in a short time - period. The concern of Water Resources is for existing water rights. In some instances water may need to be obtained from a different area and hauled in or from an existing water right holder. If you have any questions concerning the Water Resources comments, please contact !` _i A s Mr. Maples November 7, 2007 Page 2 of 2 Breean Zimmerman at (509) 454-7647. Sincerely, A ce�4 C Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575-2012 1934 HoltZ: Fruit Company www.holtzingerfruit.com Serving the Independent Groover Since 1908 October 30, 2007 Doug Maples, Manager Building Codes City of Yakima 129 North 2 "� street Yakima, WA 98901 UAZO RZ913 -07 Dear Mr. Maples; RECEIVED NOV 0 5 2007 iOTY OF YAKIMA PLANNING DIV. We are in favor of the property owner obtaining the rezone he seeks after lie and the City of Yakima have addressed items that potentially will have a significant negative impact on our business. 1. Crime — As you well know this part of Yakima has more than its fair share of transients, prostitutes and drug dealers. Unless there is additional street lighting in the surrounding area — 6t" Ave and River Road these felons will congregate in the new shadows of the neighborhood created by this project. The city must address the inadequate lighting on River Road and 6t" Ave and the need for additional police patrols in the area. 2. Traffic -- The traffic study, as quoted, does not take into account the large commercial trucks that use both River Road and 6"' Ave. Roundabouts and semis are not good matches. There appears to be no commitment to improving any of the surrounding streets to allow large commercial trucks efficient access to our business. "I" street and 6th Ave will need improving including the movement of utility poles. Unless this is accomplished commercial trucks and cats wili be in a tangle on 161" and River Road ; especially at peak holiday shopping times. Adequate provisions must be made for existing commercial_ traffic. 3. Health hazards — Shopping center dumpsters and other trash receptacles will increase the rodent population in the area. An increase in rodent population will impact our fruit packing facility. Any rezone should require that all food trash be removed daily and only compacted dumpsters be used. 4. Storm water -- Currently the storm water drainage at the corner of 6"' Ave and River Road is inadequate — whenever it rains there is a mess at this intersection which appears compounded by the irrigation canal. 6th Ave and River Road do not have appropriate shoulders, brush control or maintenance and it appears that the neighborhoods recent ,-1 DE 1312 NORTH 6th AVE. • P.O. BOX 169 • YAKIMA, WASHINGTON 98907 • (509) 457 -7847 • (509) 457 -3105 FAX 4 `.a �� Nov 0 � 2007 experience with the 12 month sewer debacle on River Road that the infrastructure is inadequate. The proposed road projects will exacerbate the storm water problem on thek-lTY OF YAKIMA 6 "' Ave and River Road and it is not clear that underground utilities are sufficient to PLANNING DIV, support the project. We believe that WestTowne is a good project for Yakima. But the City of Yakima must make plans to "fix" the neighborhood otherwise all the neighbors will suffer from increased traffic, storm water, rodents and criminals. Thank you for the opportunity to comment. NDEX. (� (° Adak CPWashington State Department of Transportation Douglas B. MacDonald Secretary of Transportation October 1, 2007 Planning Division Department of Community & Economic Development City of Yakima 129 North Second St., City Hall Yakima, WA 98901 -2637 Attention: Bruce Benson, Planner Subject: Riverpointe Landing TIA US 12, 16th Avenue interchange 00T 0 3 2007 South Central Region 2809 Rudkin Road, Union Ga4ITV OF YAKIMA P.O. Box 12560 PLANNING DIV. Yakima, WA 98909 -2560 509 - 577 -1600 TTY: 1- 800 - 833 -6388 www.wsdot.wa.gov We have reviewed the proposed project's Traffic Impact Analysis (TIA -March 21, 2007), and provided earlier comments in the form of emails to the City in response to the draft TIA. Since that time, there have been two disclosures that affect this WSDOT response letter. Specifically, it is our understanding that the primary entrance into the development from 16th Avenue will be controlled by a traffic signal. The second involves the pedestrian pathway at the 16th Avenue undercrossing to remain at its existing location. With these "assumptions" we have the following comments: As we have indicated in the past, we concur with the conclusion on page 29 that a single - lane roundabout be constructed to mitigate the development's traffic at the interchange westbound ramp terminal. This location has limited right -of -way, and is further restricted with the existing parking lot and Greenway Path. If approved, the intersection improvement must be designed in accordance with WSDOT Design Manual Chapter 915. All costs associated with this improvement (including right -of -way acquisition and modifications to the existing facilities) are the responsibility of the development. 2. The proposed change to the traffic signal at the development's entrance raises the following requests from WSDOT as it pertains to the eastbound ramp terminal. a. The study suggests that the queuing penalty for the southbound movement on 16th (Intersection 11) is 311 feet. The distance from the eastbound ramp tenninal to the primary entrance is only 450 feet. The modeled queue blocks SB traffic from entering the left turn lanes into the development. This queue also eliminates the SB weave distance. This compromising condition needs to be re- addressed. An alternative may be revising the signal phasing scheme. �r}u. EX � -5 mr_ur_u b r_&J OCT 0 3 2007 CITY OF YAKIMA Bruce Benson, City of Yakima — PLANNING DIV, October 1, 2007 Page 2 b. While the TIA references the 2010 Level of Service (LOS) at the eastbound ramp intersection of E, this is somewhat misleading. At two -way stop controlled intersections, the LOS is determined by the LOS of the worst approach. In this case, there are a total of 5 vehicles wanting to make a left or straight movement at the ramp terminal, generating the "correct" LOS of E. However, overall this intersection operates at a very efficient LOS of B. c. WSDOT requests that at the SB primary site entrance left turning lanes be designed to allow for U- turning traffic. This will pen-nit WSDOT flexibility for minor low - cost revisions to the eastbound ramp terminal, if required after opening. d. The existing geometrics (number of lanes) at the eastbound off -ramp needs to remain. That is, the existing shared -lane for the thru /left and a separate dedicated right turn lane should remain as it exists today. 3. The third concern is in regards to the existing ped/bicycle path that crosses US 12 on the west side of the 16th Avenue undercrossing. This link is existing and has served the Greenway trail to the north side of the interchange. WSDOT is in support of this path and its goals. At the same time, the applicant offered an alternate route across their property connecting to the existing trail at the 6th Avenue overcrossing. WSDOT is in favor of this alternative as it enhanced the safety of the users of the ped/bike trail. It completely eliminated the conflict of an uncontrolled (EB to SB free right turn movement) intersection. We understand that the Greenway is opposed to any revision involving peds/bicyclists across the 16th Avenue structure. The only solution would be for a costly grade- separated ped/bicycle bridge across the highway. We are not prepared to require the developer to make this improvement. Rather, we request that the City encourage the proponent to include the alternate ped/bicycle route across their property, in an effort to minimize this movement across the 16th Avenue Undercrossing, and leave the existing path on the 16th Avenue overcrossing as is. Thank you for the opportunity to comment on this project. if you have any questions or require further information, feel free to contact Rick Holmstrom at 577 -1633. Sincerely, Bill Preston, P.E. Regional Planning Engineer BP: rh cc: File #16, SR 12 Rick Gifford, Traffic Engineer Les Tumley, Area 2 Maintenance Superintendent E �" p:\ planning\ devrev\ srl2 \yakcity_riverpointe_TIA.doc r�C Yakima Gr•eenwa Y F®unati ®n RECEIVED SEP 2 8 2007 September 28, 2007 CITY OF YAKIMA PLANNING DIV. Doug Maples Manager Building Codes and Planning Division City of Yakima;. Department of Community & Economic Development 129 North 2n. Street Yakima WA 98901 RE: UAZO, RZ # 13 -07 WestTowne LLC Dear Mr. Maples The Yakima Greenway has had the opportunity to review the application for rezone as submitted by WestTowne LLC for a major retail center in north Yakima. The Yakima Greenway. is certainly supportive of activities such as this that will vastly improve the vitality of our.community. The Greenway also does not see any adverse affect this development will have on the Greenway; with one exception. We are uncertain what impacts the traffic that;will be created from the impending development of this . property will have on the,Greenway path as it crosses from the north side of SR12 at 16th avenue to the south side, where the pathway continues westward. It appears that the proposal is to place a roundabout on the north'side of SR12 and a channelized eastbound off -ramp on the south side of SR12. The traffic study, as presented, does not address off -site bike /pedestrian impacts of the proposal. Until such time as - impacts to this non - motorized transportation corridor are known and a plan for, acceptable mitigation that preserves the experience afforded by the existing pathway, the Yakima Greenway Foundation believes that the submissions are incomplete and should be returned to the proponent. The Greenway Foundations considers the failure of the proponents to disclose the impacts of such proposal as contravening the purpose of both SEPA and GMA. Sincerely . Al Brown Brown Executive. Director Yakima Greenway Foundation 111 South 18th Street.." Yakima, WA 98901 • 509 - 453 -8280 • FAX 509 - 453 -0318 • E -Mail info@ yakimagreenwa -_ - www.yakimagreenway.org iFrrunit Company www holtzingerfruit.com Serving the In(lepel)(1e111 Grover Sind 1008 July 26, 2007 William R. Cook Director DCED City of Yakima 129 North second Ave. Yakima, WA 98901 Dear Mr. Cook; RECEIVED JUL 3 0 2007 CITY OF YAKIMA COMMUNITY DEVELOPMENT I am writing to you as a follow -up to our meeting concerning the mall project nestled between River Road and North 16t". Let me again reiterate that we are in favor of this project and believe it will do much to improve the neighborhood and drive away the drug dealers and prostitutes that linger in the area. As you know our property abuts the proposed project and we are concerned about disruption to our business during and after construction. Some of our immediate concerns during construction are as follows: Dust and painting from construction entering our facility in getting into our packaging machinery and product. 2. Rodent and snake migration from the property during construction 3. Damage and blocking of surface streets We also would like to register our concerns over the proposed design. 1. The plans call for a hidden parking lot that would abut the north boundary of our property. This parking lot -,will be a haven for illegal activity at night if proper precaution.- in ligh t-ing and security arc not incorporated in the design. Normal mall lighting will be inadequate. It would be even better if this lot were removed. 2. The back of a building abuts our north property line. Besides being an ugly sight this will be a haven For trash and garbage which would pose a health hazard. There were no dumpsters designated on the design. We would strongly object to trash and garbage being located within 100 feet of the property line. Again, this is a health issue. 3. It was not clear as to how high the buildings will be. Currently our signage can be seen from Highway 12. We would expect the developer to make sure our signage can be seen after construction is completed. 4. For security reasons -- we are a secure facility and we would expect the developer to either extend the height of the chain link fence or place razor wire on the existing fence. 5. Traffic patterns- we and our neighbor Jeld Wen use a multiple large tractor trailer rigs everyday sometimes including weekends. The final design cannot impede their entry to our facility. 1312 NORTH 6th AVE • RO BOX 169 • YAKIMA. WASHINGTON 98907 • (509) 457 -7847 • (509) 457 -3105 FAX , hank you for your consideration of these matters. Please call me at anytime if I can be of assistance. S' erit ; i l�t�w David H. awrence Preside4t �.ry July 30, 2007 Yakima Greenway Foundation Mr. Bruce Benson Yakima City Planning Department City Hall 129 N. Second Street Yakima WA 98902 Dear Mr. Benson Thank you for the opportunity to comment on the Westowne proposal to construct a major commercial center in North Yakima, between 6tH and 161H As I understand the process now before planning staff is to determine if the proposal, as submitted, is complete. I also understand that the proponents are asking that the Environmental Impact Statement submitted by the Mercy Enterprises group some 10 years ago simply have an addendum attached to accommodate the new proposal. I suggest that the proposal, as recently submitted, is substantially different than that done 10 years ago. As an example, I would use the proposed configuration changes to the bridge as it crosses SRI at 16th. The original EIS did not address the installation of a round -a -bout on the north side of the bridge, nor did it anticipate the severance of the Greenway pathway at 161H It appears that Westowne is proposing to sever the Greenway at that point, and as mitigation, provide another pathway from 6th to 16th along the north side of their development, adjacent to the SRI fence line. While this mitigation may functionally work, it certainly defeats the experience that people will have of using the Greenway as a through pathway. Substituting the river corridor, with its wildlife, rushing river and lush riparian vegetation with a sterile pathway between a divided highway and the trash compactors, garbage cans and loading docks of a major shopping center certainly isn't what this community envisioned when it built the Greenway. 111 South 18th Street - Yakima, WA 98901 - 509 - 453 -8280 - FAX 509 - 453 -0318 - E -Mail info @yakimagreenway.org www.yakimagreenway.org In their proposal to us, they indicated that they would build the pathway, reserving the right to remove it at any time. We were to provide the maintenance of such a pathway. They indicated that they would look to us to construct the connector between the south side of SRI at 6th and the north side, where it would connect to the Greenway path. This would cause a financial burden on the Greenway to make the connection in order to provide the continuity. Additional and ongoing Greenway expense would therefore absorb would be the long term maintain Nance of that length of pathway, a cost that I believe would be much more time consuming and costly due to the trash and debris that tend to escape from such locations than our typical pathway. There could also be conversion issues of severing the pathway at 16th, due to grant agreements with IAC when the pathway was constructed. While their mitigation may physically reconnect the severed ends, the experience will be substantially different, thus not the showcase pathway as presented to the community and the granting agencies. Again, we urge you to reject this proposal as an outright addendum that would allow the proponent to begin construction without a public process as we do not feel that the changes are minimal and non - substantive. Thank you Brown Executive Director u October 20, 2006 Mr. Bill Cook Director of Community and Economic Development City of Yakima 129 North Second Street — 2'd Floor Yakima, WA 98901 Dear Mr. Cook: We understand the owners of a property to the east of Lake Aspen Office Park are moving forward with plans to develop a shopping mall. Our interest is mainly related to the access from LAOP to 16th Avenue. We are requesting that you keep us informed on your position and plans for the traffic. Sincerely, Rod Knipp , P i nt Lake Aspen O is ark Association cc: Bruce Benson, Director of Planning Department KDF Architecture 1310 North 16th Avenue Yakima, Washington 98902 -1354 L) 01'• www.kdforchitecture.com voice 509 - 575 -5408 fax 509 - 453 -0293 INDEX Principals: Rod Knipper AIA David C. Franklund AIA Brian J. Andringo AIA Dennis W. Dec#AIA Senior Associate: Jon E. Hopwood AIA �� Cq —' RIVER POINTE LANDING / WESTOWNE CENTER EXHIBIT LIST CHAPTER H Notices EXHIBIT DOCUMENT DATE H -1 Determination of Application Completeness 07/30/07 H -2 Notice of Application and Public Hearing 09/11/07 H -3 Parties of Record Notified 09/11/07 H -4 Affidavit of Mailing 09/11/07 H -5 Legal Notice 09/11/07 H -6 Press Release 09/11/07 H -7 Notice of Environmental Review and Preliminary MDNS 10/25/07 H -8 Parties of Record Notified 10/25/07 H -9 Affidavit of Mailing 10/25/07 H -10 Legal Notice 10/25/07 H -11 Press Release 10/25/07 H -12 Notice of Decision 11/19/07 H -13 Parties of Record Notified 11/19/07 H -14 Affidavit of Mailing 11/19/07 H -15 Legal Notice 11/19/07 H -16 Press Release 11/19/07 H -17 Notice of Decision for Transportation Concurrency 11/20/07 H -18 Land Use Action Installation 11/28/07 H -19 Hearing Examiner Agenda 12/13/07 H -20 Hearing Sign -In Sheet 12/13/07 H -21 Notification of Hearing Examiner's Recommendation to the City Council 01/02/08 H -22 Parties of Record Notified 01/02/08 H -23 Affidavit of Mailing 01/02/08 STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: RZ #13 -07, EC #29 -07 Riverpointe Landing, LLC East of N.16'h Ave /West of N.6" Ave /South of US Hwy 12 /North of River Rd. I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendations. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant by certified mail, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 2nd day of January ,2008. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Specialist DOG. INDEX # 9 -z3 Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION dated January 2, 2008. Rezone #13 -07, EC #29 -07 [Certified Mail] River Pointe Landing Ron Morton Harlan Dunn Jerry Molitor 717S.8 1h Ave 4725 Konnowac Pass Rd. 1520 140`h Ave. NE Ste 200 Yakima, WA 98902 Wapato, WA 98951 -9671 Bellevue, WA 98005 -4501 Holtbnger Fruit Company Jerry Miller Eric Johnston David Lawrence 1101 Summitview Ave. 8290 165`h Ave NE P.O. Box 169 Yakima, WA 98902 Redmond, WA 98052 Yakima, WA 98907 Bill Lynn Yakima Greenway Foundation KDF Architecture /Lake Aspen P.O. Box 1157 Al Brown Office Park Rod Knipper Tacoma, WA 98401 111 South 18`h Street 1310 North 16`h Ave. Yakima, WA 98901 Yakima, WA 98902 -1354 Ln C3 rU rt • -� �, ., M Postage $ C3 C3 Certified Fee C3 C3 Return Receipt Fee Postmark (Endorsement Required) Here r3 Restricted Delivery Fee r� (Endorsement Required) Ltd rl_I Total Postage & Fees $ V"1 M rSO tt TT }- orPOBoxNo.�,j IP +4 u� DOG. INDEX # t -ZZ Cn 0 W i tb W Q C N A Ij 3 1 0 m c 9. N (n m , z 3 -J 0 C3 Ln ru Ln C3 O O O C3 L.0 ru 0 Bill Cook City Legal Director, CED DECISIONS ONLY Joan Davenport Carolyn Belles Traffic Engineering Codes Charlie Hines Bill Cobabe Fire Chief ONDS Mgr Binder / File /Mail Sandy Cox Decisions Only Codes Decisions Only Doug Maples Planning & Code Admin. Mgr Dan Ford Engineering Sam Granato Police Chief City Clerk Decisions Only D00", INDEX # H —22 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 • Fax (509) 575 -6105 NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL January 2, 2008 On December 31, 2007 the City of Yakima Hearing Examiner rendered his recommendation on UAZO RZ #13 -07, EC #29 -07. The applicant is requesting to rezone parcels southeast of the intersection of North 16`h Avenue with US Highway 12 from the M -I and the B -1 Zones to the LCC Zone together with Environmental Review. The application was reviewed at a public hearing held on December- 13, 2007. A copy of the Hearing Examiner's findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Bruce Benson, Supervising Planner at (509) 575 -6042 at the City Planning Division. 2 1c::; 0- � k Doug Maples Code Administration & Planning Manager Date of Mailing: January 2, 2008 Enclosures: Hearing Examiners Recommendation w w w. ci jakinra. wa. us �' `r Yakima INDEX end III•Ma.riu Ely 1994 HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: December 13, 2007 CASE FILE # APPLICANT SITE ADDRESS A. UAZO CL(3) #9 -07 Yakima Regional Medical Center 110 South 9`n Avenue EC #43 -07 Central Energy Plant B. UAZO CL(3) #10 -07 Yakima Regional Medical Center 110 South 9"' Avenue n EC #44 -07 MRI Building �S�cZ C. REZONE #13 -07 River Pointe Landing/ US 12, N 6`1' Ave, River Rd & 16`t' Ave EC #29 -07 Westowne Center LLC PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A, B, or C. CASE NAME ADDRESS ZIP CODE C AA , I I Zi/ I ► 0 G-k r"rn,f VI w \Iv1L, &YA Oa- C- ��14,tAkCv(\l SLR 4� n '� n2 1, - l ✓0 <; ��" i✓ �' �S�cZ G 113, LL LAN .p, TA covr,x WA ")A0 � DOC. INDEX 4 H -20 CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, December 13, 2007 9:00 am I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING Yakima City Hall Council Chambers A. YAKIMA REGIONAL MED. CTR. (9/28/07) UAZOCL(3) #9 -07 Planner Assigned: Vaughn McBride EC #43 -07 Address: 110 South 91h Ave Request: 2,500 sq ft addition to central energy plant B. YAKIMA REGIONAL MED. CTR. (9/28/07) UAZO CL(3) #10 -07 Planner Assigned: Vaughn McBride EC #44 -07 Address: 110 South 91h Ave Request: 1,500 sq ft addition to MRI building C. RIVER POINTE LANDING/ (6/29/07) REZONE #13 -07 WESTOWNE CTR, LLC EC #29 -07 Planner Assigned: Bruce Benson Address: US 12, N. 6`h Ave, River Road & 16`h Ave Request: Rezone 15 Parcels to LCC (Large Convenience Center), Approx. 78.6 acre regional shopping center 3 anchors among 34 new buildings totaling 806,700 sq ft. With 4,094 parking spaces IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. IND _! Y ~ � � j�•nAE fRRfIRA1f:V '.. CITY OF YAKIMA LAND USE ACTION INSTALLA CERTIFICATE �(e \N 0\'11 2 8 2007 CITY OF yA,Yl1WA PLANIVING DIV. II Pro iect Number `2 2-4 , z -A7 _<ePA 204r Date of Installation: 4 4 _-2z:n-'1 II II Site Address: \ /,, ,'4,1 r -L N / /_'-4 A.,, -!� 1 -2 II Location of Installation (Check One) and Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) Date Applicants .gna�ttuuurrreee Telephone Number of Applicant The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509 -575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. ADEX DEPARTMENT OF PUBLIC WORKS 2301 Fruit-vale Blvd., Yakima, Washington 98902 Phone (509) 575 -6005 November 20, 2007 Michael Blumen Blumen Consulting Group, Inc. 720 Sixth St. S., Suite 100 Kirkland, WA 98033 Subject: Notice of Decision for Transportation Concurrency Proposed Riverpointe Landing Development, N 16th Ave & SR 12, Yakima, WA Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed 806,700 square foot shopping center and related development in the southeast corner of North 16th Avenue and SR 12, within the City of Yakima, Washington. This development has been APPROVED for Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local access streets or street intersections. This review does not include safety or site design issues which will be addressed at the project review level of zoning and SEPA. This review concluded that the proposed development will not exceed the capacity of the arterial street system and reserve capacity exists on all impacted arterial streets. Please review the enclosed report. You may appeal the Findings of this report or request Administrative Reconsideration within fifteen (15) days from the date of mailing of this Notice. Appeal forms and procedures are available at the Department of Community and Economic Development. If you have any questions, please me call at.(509)576 -6417. Sincerely, Davenport Supervising Traffic Engineer enclosure copy: Bruce Benson, City Planning Division Sandy Cox, Codes Division - Yakima Administration 575 -6005 • Equipment Rental 575 -6005 • Parks & Recreation 575 -6020 • Refuse 575 -6005 Street 575 -6005 • Traffic 575 -6005 • Transit 575 -6005 1994 City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis Date of Review: November 20, 2007 Review Prepared by: Joan Davenport, Supervising Traffic Engineer (576 -6417 Proposed Development: Riverpointe Landing Shopping Center Subject Address: SE Corner of N 16th Ave & SR 12 ITE Land Use Category: ITE LU # 820, Shopping Center, #310 Hotel, #932 Restaurants, #815 Discount Store, #862 Home Improvement Superstore As part of the review under the Washington State Environmental Policy Act (SEPA) the applicant, Blumen Consulting Group on behalf of Riverpointe Landing Development, submitted a Traffic Study (prepared by Transportation Solutions, Inc., April 2007) that provided estimates of trip generation, distribution and analysis for the proposed shopping center and other uses with a total floor area of 806,700 square feet, 4,094 parking spaces on 76 acres. Expected traffic generation from the proposed development has been estimated by the applicant to be a total of 2,659 PM Peak Hour trips, with a share of those trips considered "pass -by or diverted" trips. The data included in the Concurrency Review Table below is from the SEPA Traffic Study for the proposed development. Concurrency Review Table 1: Existing and Projected Street Segment Capacity: a . r� ..._ r. � D r+ection� ; : i Conditions .. Volume ,K� Lanes 'v /c wr;LQS �Development� a`� Buldout ;� VolumeY: , ._.. A,. "�' � ;i Lea es" __tl..., ;, ' IM " z lc& - . 3LOS _. t Diffe N 16th Ave Northbound 976 2 0.61 B 1138 2 0.71 C 162 US 12 to River Southbound 716 2 0.45 A 1177 2 0.74 C 461 N 16th Ave Northbound 954 2 0.60 B 1107 2 0.69 B 153 River to Fruitvale Southbound 717 2 0.45 A 841 2 0.53 A 124 N 16th Ave Northbound 905 2 0.57 A 1017 2 0.64 B 112 Fruitvale to Englewood Southbound 902 2 0.56 A 1027 2 0.64 B 125 River Rd Eastbound 109 1 0.14 A 128 1 0.16 A 19 16th to Fruitvale Westbound 132 1 0.17 A 153 1 0.19 A 21 Fruitvale Eastbound 645 2 0.40 A 666 2 0.42 A 21 5th Ave to 16th Ave Westbound 690 2 0.43 A 709 2 0.44 A 19 Fruitvale Eastbound 645 2 0.40 A 664 2 0.42 A 19 16th to Castlevale Westbound 604 2 0.38 A 625 2 0.39 A 21 River Rd Eastbound 47 1 0.06 A 104 1 0.13 A 57 6th Ave to 16th Ave Westbound 93 1 0.12 A 192 1 0.24 A 99 US 12 EB Ram all 1680 2612 932 US 12 WB Ram all 787 1242 455 This review for Transportation Concurrency is designed to measure the impact of new development on the capacity of city arterial street segments by calculating the approximate increase in traffic generated by the new use. The analysis is based on a calculation of volume -to- capacity (v /c) ratios for Arterial Street segments. The v/c ratio is determined by dividing the number of vehicles on a road segment per peak hour per lane by a capacity of 800 vehicles per hour per lane. Transportation Concurrency Review^ Page 1 of 2 The impact to US 12 Eastbound and Westbound ramps are included in the table above, but not within the Concurrency Level of Service Calculation since these are State facilities. Under the City of Yakima's concurrency ordinance (YMC 12.08), LOS D represents the minimum acceptable LOS for arterial roadway segments. When the LOS drops below "D ", road improvements for street segments are required or the project must be modified or mitigated. Summary of Transportation Concurrency Impacts As indicated on "Table 1: Existing and Projected Street Segment Capacity" (above), if the proposed development is constructed, all impacted city street segments will have acceptable Level of Service, will have reserve capacity and will comply with Yakima Transportation Concurrency Standards. The City of Yakima Concurrency Ordinance Yakima Municipal Code 12.08 does not govern traffic impacts to street intersections and the Ramp facilities of US 12. These impacts are covered by the State Environmental Policy Act (SEPA) Decision. Transportation Concurrency Review Page 2 of 2 N-�� wuniDM &ON ffmw-u m. rn M.3 Wo 1. '. �N NO Nk 16 M.3 Wo L 4 57-1. �.t 69 1 47-- --61 868 H! 00 ♦ ` m � ���, ; 1 �- 1-- %% i 241 �.� it �-' `.� % CCA � • • M CA J� CO CO V Cn CA 645 16-- 0 127 285 7ir P� CO N V A V BLVD i I s u 45 50 25—- 58 Q N ii s i I 00 � 0 - 21� �i �o V \ M O CD V Cn Cn ..., J i / 332- 1 �- - 60-t L )211 173-J L 155 368- -� --355 30� r 123-3 r- 199 > 7 r 1 �i i W N Ln 00 � 0 - 21� �i �o f ' 80 v ado 114 -1 t- 167 285-- x-471 76-1 r- 67 fir O a- 198-1 412 , �i W N 0) N � OD 137 -J I t- 127 311 --- 0x-664 198 r 109 N rnCn 0) CO W V ..., J i / L 198 / j- 129 �i i Cn � wW I B / I I I � I I v~i f ' 80 v ado 114 -1 t- 167 285-- x-471 76-1 r- 67 fir O a- 198-1 412 , �i W N 0) N � OD 137 -J I t- 127 311 --- 0x-664 198 r 109 N rnCn 0) CO W V ..., J i L 198 —988 j- 129 �i Cn � wW 00 N 109 1 691-► 102 it C'nN 11SI Figure 6 Future 2008 PM Peak Hour West Towne Center Transportaaron Sulutioas, Inc. Turning Movement Volumes with Project Yakima, Washington Press Release WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON November 19, 2007 PROJECT DESCRIPTION: This Environmental Review concerns the rezoning of approximately 80 acres of land to be used for the construction of a new shopping center. This center, upon completion, will consist of 806,700 square feet of new retail space. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone request is for LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 140`h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA/GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. �l,�1, 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. River Pointe Landing EC #29 -07 2 N 16'h Avenue at Highway 12 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half - street improvements along the development site frontage of North Wh Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`h Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`h Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. River Pointe Landing EC #29 -07 3 N 16`h Avenue at Highway 12 c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16`h Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34`11 Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6`h Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians L River Pointe Landing EC #29 -07 4 N 16 `h Avenue at Highway 12 Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6`h Avenue. D. Frontage improvements: Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half - street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading /excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP,) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. CONTACT PERSON: Contact Bruce Benson, Supervising Planner at (509) 575 -6042, or e -mail to bbenson @ci.yakima.wa.us for more information. i-' There is no comment period for this MDNS River Pointe Landing EC #29 -07 5 — / N 16 `" Avenue at Highway 12 This MDNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2nd Street, Yakima, WA 98901 Date November 19, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. No later than: December 3, 2007 By (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. r- There is no agency appeal. River Pointe Landing EC #29 -07 6 N 16 `" Avenue at Highway 12 Legal Ad WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON November 19, 2007 PROJECT DESCRIPTION: This Environmental Review concerns the rezoning of approximately 80 acres of land to be used for the construction of a new shopping center. This center, upon completion, will consist of 806,700 square feet of new retail space. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone request is for LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 140`" Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`" Avenue, west of N 6`" Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312 - 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Rivei-pointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi- family developments to locate inside city limits. Objective G8.4. MITIGATIONS: River Pointe Landing EC #29 -07 N 16`h Avenue at Highway 12 2 Q r n' I NI r Et•, A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`h Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`h Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`h Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. River Pointe Landing EC #29 -07 3 Dn N 16`x' Avenue at Highway 12 I N v [7 X 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27%) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16 "' Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 341h Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6`h Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16'h Avenue and N. 6`h Avenue. D. Frontage improvements: River Pointe Landing EC #29 -07 N 16`x' Avenue at Highway 12 M Dnr 1NDEEX # // 5 Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading /excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP,) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. CONTACT PERSON: Contact Bruce Benson, Supervising Planner at (509) 575 -6042, or e -mail to bbenson @ci.yakima.wa.us for more information. f" There is no comment period for this MDNS r This MDNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. Responsible official: William R. Cook River Pointe Landing EC #29 -07 N 16 `h Avenue at Highway 12 Wi D n'.. iNDsE_i. Position /Title: CED Director /SEPA Responsible Official Phone (509) 575 -6113 Address: 129 N 2nd Street, Yakima, WA 98901 Date November 19, 2007 You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2nd Street, Yakima, WA 98901. No later than: December 3, 2007 By (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. F There is no agency appeal. River Pointe Lauding EC #29 -07 N 16 `x' Avenue at Highway 12 6 ?ii r' STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: EC #29 -07 Westowne N. 16`h Ave & US 12 I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of MDNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property and SEPA Agencies and that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 19th day of November ,2006. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist it i 0 4 //-N 181312 - 33005 18 313 -2 02 18 313 -22003 ALBERT D. LANTRIP ALERT �LAN^ AL RED CHE 808 PIONEER LN 80 P33 NEE 13 3 1T YAKIMA, WA 98903 -1344 YAI 47�, WA 98903 -1344 YA I A, _AVE 8902 181313 -22004 ALFRED BUCHELI 1313 N 16TH AVE YAKIMA, WA 98902 11312 -43001 B RLING NORTH N RAILROAD PC1� BO 96 089 F T ORTH T xas 76161 -0089 181312 -43900 BURLINGTON NORTHERN -SANTA FE RAI PO BOX 961089 FORT WORTH, Texas 76161 -0089 181313 -21003 CM HOLTZINGER FRUIT CO LLC 1312 N 6TH AVE YAKIMA, WA 98902 181312 -43033 GERALD V & JOAN D KLINGELE 2106 W YAKIMA AVE YAKIMA, WA 98902 181312 -34403 KATHRYN I & KURT D EIMS 6122 BAYVIEW DR MUKILTEO, WA 98275 181312 -43039 KENNETH W CYR 1000 S IDAHO RD # 428 APACHE JUNCTION, Arizona 85219 -611 181311 -44400 LAKE EDGE ENTERPRISES LLC 5816 SCENIC DR YAKIMA, WA 98908 181311 -44406 PDK DEVELOPMENT LLC PO BOX 9493 YAKIMA, WA 98909 -9493 181313 -22006 ANDREWS & BARTON 280 AMES RD* SELAH, WA 98942 1813 3 -1�3 CO BNSF RA 1LRO D PO B 96108 FORT WORTH, Texas 76161 -0089 18132 -43001 BURL NGTON YOR ERNR ILROAD PO B X 96 X089 FORT O H, Texas 76161 -0089 18112 -4390 BUR INGTON/NO THERN SA FE RAI PO OX 9 089 FOR WO TH, Tex s 76161 -0089 181 13 -2100 CM LTZIN R F UI CO LLC 1312 N 6 AVE YAKI A 98902 181314 -11423 HARLAN D & BARBARA DUNN 4725 KONNOWAC PASS RD WAPATO, WA 98951 -9671 1813e12 -43007 KATH YN & KURT E MS 6122 B VIE\ W DAR MUKI EO, 98275 1 18VCJUNHC�T KE R 10 O R ## 428 AP ION, Arizona 181312 -4241 2 MUELLER HOP PRODUCTS INC 1716 GORDON RD YAKIMA, WA 98901 -1710 1 1312- 07 R BERT 0. AB MSO 20 8 1S S YAK A, A'A 98901 -1735 181312 -43 1 B LING N OR ERN RAILROAD PO BO 96108 FO WORTH, Texas 76161 -0089 181 2 -43902 BURIN GTON 0 TH -SANTA FE PO B X 9� 089 FOR W RTH, Texas 76161 -0089 David Lawrence - Pre. 181313 -21402 CM HOLTZINGER FRUIT CO LLC 1312 N 6TH AVE YAKIMA, WA 98902 181314 -11422 JAMES L & MARCIA SMITH 1320 N 16TH AVE #A YAKIMA, WA 98902 1312 -43 5 � _ - KA HRYN Z& T -D EIMS 61 2 BA4VIFW DR MUKKZEO, WA 98275 181313 -22007 LAB INVESTING CORP 11 HILLCREST DR 85219 -6I KEARNER, Nebraska 68845 181314 -11431 NORTHWEST FARM CREDIT SER INC 1330 N 16TH AVE YAKIMA, WA 98902 -1354 T 312 -4 08 RO ERT HAM SON 200 1ST YAKIMA, WPJpM�X1 -1735 181312 -42009 181314 -11420 181314 -1 ��, ROBERT 0. ABRAHAMSON RODNEY K & H DUNN DBA /KNIPPER DU RO NEY & - 6NN—DBA /KNIPPEF 2008 N 1ST ST 1310 N 16TH AVE 13 /16TH AVE YAKIMA, WA 98901 -1735 YAKIMA, WA 98902 YAKIMA, WA 98902 -1354 81314 -11425 1813.12 -43035 .ODNEY K & H DUNN DBA /KNIPPER DU SALVADOR CORNEJO .310 N 16TH AVE 1413 N 6TH AVE "AKIMA, WA 98902 -1354 YAKIMA, WA 98902 81312 -43004 'ERESA R M GRISWOLD .415 N 6TH AVE 'AKIMA, WA 98902 .81312 -31007 iESTTOWNE LLC ,402 TACOMA MALL 'ACOMA, WA 98409 181312 -43031 WALTER & MINETTE RECORD 280 AMES RD SELAH, WA 98942 1 1312 -33 1 WE TTOWN L C BLVD 64 2 T OMA A BLVD TAC , WA 9 9 .8 312 -33003 1E TTOW LLC 4 2 -ACOM M��L'L BI;VD 'A O A, WA X38409 .8 312 -34402 -D �ESTTOW LLC 40 T�CO A MA B VD ACdM W 9 409 .81312 -34405 ?ES FOW LLC 40 O A AL VD ACO WA 98409 .813 3 -21404 JEST OWN LC ')402ITA�OM M L B GD .'ACOI+4 WA 1409 81312 1003 'AKI A G EENWAY OU �DATION 11 S 18 ST 9 IM.,, WA 901 -2149 .81312 -32002 'AKIMA GREENWAY FOUNDATION .11 S 18TH ST .'AKIMA, WA 98901 -2149 .81313 -22405 .'AKIMA VALLEY MEMORIAL HOSPITAL ;811 TIETON DR 'AKIMA, WA 98902 161312 -34400 WETTOWN LLC 6402 Tj O A 111A 'L BLVD TAC W 9 '�09 181 12 -34404 WES TOWN LLC 640 TACO[ MALL BLVD TAC , WA \ A 0 9 181112-34406 WES TO C 6402 TA A MJzL BLVD T ACO L, WA 09 183 13 -22 O1 /� 'D WES LC \_ 640, TiACOM LL BLVD TACwjA, WA 8409 1 1312 -3 IT Y KIM RE WAY F UN TION 11 18T YAKIMA, WA 98 01 -2149 181313 -12021 YAKIMA MANUFACTURING PO BOX 1329 KLAMATH FALLS, Oregon 97601 �l labels printed for map sheet rezone1307 181314 -11432 T P C LLC 1340 N 16TH AVE # B YAKIMA, WA 98902 181312 -31005 WESTTOWNE LLC 1520 140TH NE # 200 BELLEVUE, WA 98005 1 1312- 3002 ) WE TT E LLe' 64 2 A OM /MALL BLVD TA MA, 98409 18 312 -34 01 WE TTOW LLC 640 T CO A MP BLVD TAC W 409 1 1312 -34404 WE TTOWNy LLC � 64P2 TI,ZOI A LA L BLVD TA , W 8409 18313 -21004 WE TTOWNLLC 64 2 T 'CO4A " LL VD T , WA 98409 18112 -310 � OU - YAK MA E WAY/FNDATION 111 S 8" TH YAKIMA, WA 98901 -2149 1 1312 -3 02 Y KIMA EN Y F NDATION 11 8T T YAKIMA, WA 98901 -2149 181313 -22406 YAKIMA THEATRES INC PO BOX 50 YAKIMA, WA 98907 Ron Morton 717 South 8th Ave Yakima, WAD 002902 NDEX Jerry Moli.; far._ // r 1-3 River Pointe Landing 1520 140th Ave NE Ste #200 Bellevue, WA. 98005 1 -R0, SEPA Reviewer Mr. Greg Griffith ny Corps Dept. of Natural Resources Div. of Archeol & Hist. Pres. Box c -3755 713 Bowers Rd PO Box 48343 [ttle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 ieila Ross Dept of Soc/Health Service iscadeSNatural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office Q S. 1 Ave MS OB -23B 1433 Lakeside Ct. Ste102 akima, WA 98902 Olympia, WA 98504 Yakima, WA 98902 Iamber of Commerce Dept. of Health Michelle Vazquez City of Union Gap I N 9 St. 1500 W. 4"' Ave. St. 305 PO Box 3008 akima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt -pt. of Transportation Tom McAvoy Clean Air Authority anning Engineer Q -West 6S.2 d St., Room 1016 09 Rudkin Road 8S.2 d Ave. Room 304 Yakima, WA 98901 nion Gap, WA 98903 Yakima, WA 98902 ivironmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer :00 6`' Ave. MS 623 128 North 2nd Street Dept. of Agriculture rattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 kA Yakima Co Health Dist Gwen Clear ffl Art McKuen Dept of Ecology akima, WA 98903 ki Washington 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 a Union Gap, WA 98903 Yakima, WA 98902 r. Steven Erickson Department of Ecology Nob Hill Water Co akima Co Planning Environ Review Section 18 N 2nd St. PO Box 47703 6111 Tieton Drive akima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 r. Vern Redifer akima Co Pub. Services WA State Emergency Mgmt. Div. Pacific Power nd �r Mitigation, Analysis & Planning Mike Paulson :8 N 2 St., 4 Floor Supervisor - Building 20 500 N. Keys Rd akima, WA 98901 Camp Murray, WA 98430 -5122 Yakima, WA 98901 � �3 Cultural Resources Program r. Bill Bailey Johnson Meninick, Mgr Dept. of CTED akima Cnty Dev. Serv. Ctr. 1\ Yakama Indian Nation owth Management Services ,8 N. 2nd St. 4"' Floor O Box 151 PO Box 42525 a WA 98901 akima, Toppenish, WA 98948 Olympia, WA 98504 -2525 r. Philip Rigdon Transportation Planner Mose Segouches akama Indian Nation YVCOG Yakama Indian Nation Box 151 311 N. 40' Street STE 202 E En Environmental Protection Prog. n )ppenish, WA 98948 Yakima, WA 98901 Box 151 Toppenish, WA 98948 � �3 Federal Aviation Administration Environmental Coordinator Cayla Morgan, Airport Planner r. Doug Mayo Bureau of Indian Affairs astewater Treatment Plant Seattle Airports District Office 1601 Lind Ave. S.W. PO Box 632 Renton, WA 98055 -4056 Toppenish, WA 98948 SDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller hn Sambaugh Yakama Tribal Council Office of Farm worker Housing '04 172 °d St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 -lington, WA 98223 Toppenish, WA 98948 Yakima, OVA 98902 Donna J. Bunten ail Conservation Dist Critical Areas Coordinator Eric Bartrand tn: Ray Wondercheck D.O.E., Shorelands & Environ. Dept. of Fisheries 06 Perry St Suite F PO Box 47600 1701 S. 24`x' Ave ikima, WA 98902 Olympia, WA 98504 -7600 Yakima, WA 98902 actin Humphries Mr. Scott Nicolai Mr. Buck Taylor ikima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 05 Tieton Drive PO Box 151 2400 W. Washington Ave ikima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 ikima School District Yakima Greenway Foundation WV School District :tn: Ben Soria Attn: Peter Ansingh 111 S. 18'h St. �4 N. 4 Ave Yakima WA 98901 8902 Zier Road , akima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 e Fax (509) 575 -6105 NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) November 19, 2007 On October 25, 2007 the City of Yakima, Washington issued a Preliminary MDNS for the rezoning and subsequent construction of a new 806,700 square foot shopping center on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone requests LCC, Large Commercial Center zoning. The rezone was previously noticed and a hearing date of December 13, 2007 was set. This hearing will occur at 9:00 am in the City Council Chambers. Land Owner: WestTowne, LLC 1520 140th Avenue NE, Suite 200 Bellevue, WA 98005 -4501 Location: Property located east of N. 16th Avenue, west of N 6th Avenue, south of Highway 12 and north of River Road. Parcel Numbers: 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 File Number: UAZO EC #29-07 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 calendar days following the date of mailing. The appeal period ends at 5:00 pm on December 3, 2007. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The fee of $505.00 must accompany the Appeal Application. F nformation 604 e City Pla g Planning & Code you may wish to contact Bruce Benson, Supervising Planner at (509)575- Division. inistration Manager Notice of Decision Mailing Date: November 19, 2007 Enclosures: Final SEPA Mitigated Determination of Nonsignificance Site Plan, Vicinity Map and Mailing Map www.ci.yakima.wa.us Yakima r D Mo,;caMy INDEX 1411 1 # 11-1,2 1994 WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON November 19, 2007 PROJECT DESCRIPTION: This Environmental Review concerns the rezoning of approximately 80 acres of land to be used for the construction of a new shopping center. This center, upon completion, will consist of 806,700 square feet of new retail space. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone request is for LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 1401h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPAIGMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. D-10 '. INDEX. # - 1& 1-2- . -� 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together-with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 River Pointe Landing EC #29 -07 2 N 16`x' Avenue at Highway 12 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`h Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the River Pointe Landing EC #29 -07 3 N 16`x' Avenue at Highway 12 w, - related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16th Avenue — "Principle Arterial (Urban)" • North 6th Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16th Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16th Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16th Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16th Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34th Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this River Pointe Landing EC #29 -07 4 N 16`x' Avenue at Highway 12 development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange Bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6`h Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6`h Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6`h Avenue. D. Frontage improvements: Unless otherwise stated the half-,street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. Rimer Pointe Landing EC #29 -07 5 N 16 `h Avenue at Highway 12 E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. G. Archaeological Resources: Prior to commencement of any grading/excavation on the site as part of the construction process, the applicant will obtain the services of a qualified cultural resource consultant to review the records of the Department of Archaeology and Historic Preservation (DAHP,) the specific grading plan for site development and other relevant data, and will submit a report to the City documenting their findings. If they determine that there is a potential for significant impacts to archaeological or cultural resources from such construction activities, a plan will be formulated in conjunction with the City, the DAHP and relevant Tribes that outlines appropriate procedures and the process for notification to these entities if any resources are discovered during the construction process. Site Plan: The applicant will continue to coordinate with the City of Yakima on issues relating to the final site plan. CONTACT PERSON: Contact Bruce Benson, Supervising Planner at (509) 575 -6042, or e -mail to bbenson @ci.yakima.wa.us for more information. F There is no comment period for this MDNS 1✓ This MDNS is issued under WAC 197 -11 -340. There is no further comment period on the MDNS. I-" This MDNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. Responsible official: William R. Cook Position /Title: CED Director /SEPA Responsible Official River Pointe Landing EC #29 -07 N 16 `h Avenue at Highway 12 6 Phone (509) 575 -6113 Address: 129 N 2 "d Street, Yakima. WA Date November 19, 2007 Si W You may appeal this determination to: 15 129 N 2nd Street, Yakima, WA 98901. No later than: December 3, 2007 , Building Codes & Planning Manager, at By (method) Complete appeal application form and payment of $505 appeal fee You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. F There is no agency appeal. River Pointe Landing EC #29 -07 N 16`h Avenue at Highway 12 7 :+ f'7 �� Press Release WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 25, 2007 PROJECT DESCRIPTION: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 140`h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. This Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on the proposal. Comments will be received until 5:00 pm on November 9, 2007. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street DOC. INDEX Yakima, WA 98901 FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA /GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project pennitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 6`h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20%) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic River Pointe Landing EC #29 -07 N 16 `h Avenue at Highway 12 2 iii �. impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: River Pointe Landing EC #29 -07 3 N 16 `x' Avenue at Highway 12 Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half - street improvements along the development site frontage of North 16`h Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6th Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`h Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions River Pointe Landing EC #29 -07 4 N 16'h Avenue at Highway 12 a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16`h Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16`h Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34`h Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34`h Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6`h Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6th Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16`h Avenue and N. 6`h Avenue. D:�' . River Pointe Landing EC #29 -07 5 ND Y N 16'h Avenue at Highway 12 D. Frontage improvements: Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Licht and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. CONTACT PERSON: Contact Bruce Benson, Supervising Planner (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 25, 2007 River Pointe Landing EC #29 -07 6 N 16`x' Avenue at Highway 12 DOC' INDCX Legal Ad WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 25, 2007 PROJECT DESCRIPTION: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 140th Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. This Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on the proposal. Comments will be received until 5:00 pm on November 9, 2007. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street [)0( -" INDEX # /4--lo Yakima, WA 98901 FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA/GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16`h Avenue and 61h Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16`h Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Unpact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic UCC. River Pointe Landing EC #29 -07 2 INDEX N 16`h Avenue at Highway 12 impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: River Pointe Landing EC #29 -07 3 N 16 `x' Avenue at Highway 12 DOS INDEX Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16`h Avenue, and North 6`h Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16`h Avenue — "Principle Arterial (Urban)" • North 6`h Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16`h Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16"' Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions River Pointe Landing EC #29 -07 N 16`x' Avenue at Highway 12 M DO C. INDEX /�l a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16th Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16th Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34th Avenue/ River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34th Avenue /River Road and Fruitvale Boulevard. 5. Impacts to Greenwa_y Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan. The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6th Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6th Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16th Avenue and N. 6th Avenue. River Pointe Landing EC #29 -07 N 16`x' Avenue at Highway 12 5 D0 C., INDEX[ D. Frontay_e improvements: Unless otherwise stated the half - street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement plans shall be designed and prepared by a licensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Title12.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting property. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. CONTACT PERSON: Contact Bruce Benson, Supervising Planner (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 25, 2007 DOC River Pointe Landing EC #29 -07 6 NDi_X N 16 `x' Avenue at Highway 12 STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: UAZO EC #29 -07 WestTowne Center, LLC 6`h Ave / 16" Ave and Highway 12 I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Preliminary MDNS A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 251h day of October ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist DOCK. INDEX 181314 -11425 181312 -43035 RODNEY K & H DUNN DBA /KNIPPER DU SALVADOR CORNEJO 1310 N 16TH AVE 1413 N 6TH AVE YAKIMA, WA 98902 -1354 YAKIMA, WA 98902 181312 -43004 TERESA R M GRISWOLD 1415 N 6TH AVE YAKIMA, WA 98902 181312 -31007 WESTTOWNE LLC 6402 TACOMA MALL BLVD TACOMA, WA 98409 1 1312 003 W STT 'N LL 64 2 ACO ALL VD TAC MA, WA 98409 V 4402 E LL C MA ALL BLVD 98409 18131 -31003 • KI A RE�EF ATION 1 1 H YA IMA, 9 1 81312 -32002 YAKIMA GREENWAY FOUNDATION 111 S 18TH ST YAKIMA, WA 98901 -2149 181313 -22405 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 181312 -43031 WALTER & MINETTE RECORD 280 AMES RD SELAH, WA 98942 UE -33001 O NE L T A 0 MAL BLVD A, WA 98409 N 1 1312 -34 00 W STTOW LC 64 2 COM MA BLV TAC WA 09 1 1312 -34404 W STT NE LLC 6 0 TA OM ALL B D TA MA, 98409 181 312 -34406 ID WE TTOWN C 640 T OMA LL BLVD TACO , WA 98409 18 313 -22001 WE Ti LLC 64 2 CO ALL BLVD TAC WA 9 8409 181312 -3 YA IMA TION 11 S YA 181313 -12021 YAKIMA MANUFACTURING PO BOX 1329 KLAMATH FALLS, Oregon 97601 Ron Norton 717 South 8th Ave YaEDIA, [A,. 98902 181314 -11432 T P C LLC 1340 N 16TH AVE # B YAKIMA, WA 98902 181312 -31005 WESTTOWNE LLC 1520 140TH NE # 200 BELLEVUE, WA 98005 1 1 02 W STTOW LLC C � 6 OCO ALL BLVD TA O WA 98409 18 312 -3 1 WE TTOW LC 64 2 COM L BLVD TAC WA 98409 1 1312- 04 W ST T NE LLC 6 02 ACO ALL BLVD TA OMA, WA 98409 181313- 1004 W STT E LLC 6 0 TA MA M L D T OMA, A 9 409 18312 -31 3 YA IMA G ENW Y F DA ION 11 S 1 H ST YA IMA WA 98901 -2149 181 12 -32002 YAK MA /GR AY F N AT ON 111 S 1 S YAKI 98 1 -2149 181313 -22406 YAKIMA THEATRES INC PO BOX 50 YAKIMA, WA 98907 River Pointe Landing Jerry Molitor 1520?: 140th Ave NE #200 Bellevue, WA. 98005 ?)J. IVI tiS 10' -/ Do 61 labels printed for map sheet rezone1307 v� INDEX �g 1 1312 -34405 W STTOW LC 64 2 T OMA LL B D TAC A, WA 98409 J 18 313- 04 WE TTO E LC 640 ACOM LL BLVD TACOMA, WA 98409 18131 -31003 • KI A RE�EF ATION 1 1 H YA IMA, 9 1 81312 -32002 YAKIMA GREENWAY FOUNDATION 111 S 18TH ST YAKIMA, WA 98901 -2149 181313 -22405 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 181312 -43031 WALTER & MINETTE RECORD 280 AMES RD SELAH, WA 98942 UE -33001 O NE L T A 0 MAL BLVD A, WA 98409 N 1 1312 -34 00 W STTOW LC 64 2 COM MA BLV TAC WA 09 1 1312 -34404 W STT NE LLC 6 0 TA OM ALL B D TA MA, 98409 181 312 -34406 ID WE TTOWN C 640 T OMA LL BLVD TACO , WA 98409 18 313 -22001 WE Ti LLC 64 2 CO ALL BLVD TAC WA 9 8409 181312 -3 YA IMA TION 11 S YA 181313 -12021 YAKIMA MANUFACTURING PO BOX 1329 KLAMATH FALLS, Oregon 97601 Ron Norton 717 South 8th Ave YaEDIA, [A,. 98902 181314 -11432 T P C LLC 1340 N 16TH AVE # B YAKIMA, WA 98902 181312 -31005 WESTTOWNE LLC 1520 140TH NE # 200 BELLEVUE, WA 98005 1 1 02 W STTOW LLC C � 6 OCO ALL BLVD TA O WA 98409 18 312 -3 1 WE TTOW LC 64 2 COM L BLVD TAC WA 98409 1 1312- 04 W ST T NE LLC 6 02 ACO ALL BLVD TA OMA, WA 98409 181313- 1004 W STT E LLC 6 0 TA MA M L D T OMA, A 9 409 18312 -31 3 YA IMA G ENW Y F DA ION 11 S 1 H ST YA IMA WA 98901 -2149 181 12 -32002 YAK MA /GR AY F N AT ON 111 S 1 S YAKI 98 1 -2149 181313 -22406 YAKIMA THEATRES INC PO BOX 50 YAKIMA, WA 98907 River Pointe Landing Jerry Molitor 1520?: 140th Ave NE #200 Bellevue, WA. 98005 ?)J. IVI tiS 10' -/ Do 61 labels printed for map sheet rezone1307 v� INDEX �g 181312 -33005 18&13-22 02 81313 - 22003 \ \ ALBERT D. LANTRIP AL ANTR A FRED ELI 808 PIONEER LN 80 E L 13 3 N 16T A YAKIMA, WA 98903 -1344 YAA 903 -1344 YA WA 98902 181313 -22004 ALFRED BUCHELI 1313 N 16TH AVE YAKIMA, WA 98902 181313 -22006 ANDREWS & BARTON CO 280 AMES RD* SELAH, WA 98942 181312 3001 1813 -43001 BURL G N NO HER RAI ROAD BUR GTON NO HE N RAILROAD O X 9 0 PO BOX 9610 F T WORTH, Texas 76161 -0089 RT WO , Texas 76161 -0089 181312 -43900 BURLINGTON NORTHERN -SANTA FE RAI PO BOX 961089 FORT WORTH, Texas 76161 -0089 1 1312 -4390 B RLINGTO NOR ERN- ANTA E RAI PO BOX 61089 FOR ORTH, Texas 76161 -0089 1� 181313- 030 B'S I OAD 0 P X 96 08 FOR WORTH, Texas 76161 -0089 1 1312 -43001 B LIN N O RN R ILROAD BO 6 F W OR exas 76161 -0089 1 312 -4 02 BU IN ON NORT N -SANTA FE PO BO 9610 FO T ORTH, Texas 76161 -0089 T313 �i603 e 1 13/NH(A 6 1P1313-21402 CM HOLTZINGER FRUIT CO LLC CM HE FRUI CO LL C HO ING UIT CO LLC 1312 N 6TH AVE 131 V 1 12 J T AVE Y AKIMA, WA 98902 YAK 98902 YA A, WA 98902 181312 -43033 181314 -11423 181314 -11422 GERALD V & JOAN D KLINGELE HARLAN D & BARBARA DUNN JAMES L & MARCIA SMITH 2106 W YAKIMA AVE 4725 KONNOWAC PASS RD 1320 N 16TH AVE #A YAKIMA, WA 98902 WAPATO, WA 98951 -9671 YAKIMA, WA 98902 D 181312 -34403 81312 -43007 1813 2 -43045 KATHRYN I & KURT D EIMS THRYN I & KU T EI� KAT R N I URT EIMS 6122 BAYVIEW DR 6122 B IEW 'R 2 B YV EW MUKILTEO, WA 98275 MU IL E0, W 98275 MUKILTE , WA 98275 181312 -43039 81313 -12013 181313 -22007 KENNETH W CYR NNET CYR / LAB INVESTING CORP 1000 S IDAHO RD # 428 1 00 IDA RD 8 11 HILLCREST DR APACHE JUNCTION, Arizona 85219 -6I AP E JUNCT , Arizona 85219 -6 KEARNER, Nebraska 68845 181311 -44400 181312 -42412 181314 -11431 LAKE EDGE ENTERPRISES LLC MUELLER HOP PRODUCTS INC NORTHWEST FARM CREDIT SER IN( 5816 SCENIC DR 1716 GORDON RD 1330 N 16TH AVE YAKIMA, WA 98908 YAKIMA, WA 98901 -1710 YAKIMA, WA 98902 -1354 181311 -44406 1 1312 -42007 18 312 -42 PDK DEVELOPMENT LLC RO ERT AB HA SON RO RT A RAH N PO BOX 9493 20 8 /,OWA 1 T 200 1ST S YAKIMA, WA 98909 -9493 YAK M 98901 -1735 YAKIMA, W 8,901 -1735 INDEX 181312 -42009 1 1314 -1 20 18 314 -i ROBERT O. ABRAHAMSON R NEY & D N DB IPPER DU RO NE & NN D A /KNIPPEI 2008 N 1ST ST 13 0 16TH AVE 131 N 6TH AVE YAKIMA, WA 98901 -1735 YAK A, WA 98902 YAK WA 98902 -1354 D -RG, SEPA Reviewer Mr. Greg Griffith rmy Corps Dept. of Natural Resources Div. of Archeol & Hist. Pres. Box c -3755 713 Bowers Rd PO Box 48343 rattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 >heila Ross Dept of Soc/Health Service 'ascade Natural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. I" Ave MS OB -23B 1433 Lakeside Ct. Ste102 Yakima, WA 98902 Olympia, WA 98504 Yakima, WA 98902 --hamber of Commerce Dept. of Health City of Union Gap Michelle Vazquez 10 N 9d' St. 1500 W. 4 "' Ave. St. 305 PO Box 3008 Yakima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6S.2 d St., Room 1016 2809 Rudkin Road 8S. 2nd Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6d' Ave. MS 623 128 North 2 „d Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 Art McKuen Dept of Ecology Yakima, WA 98903 Yakima, a Washington 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Y, Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 6111 Tieton Drive 128 N 2nd St. PO Box 47703 Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer Yakima Co Pub. Services WA State Emergency Mgmt. Div. Pacific Power 128 N 2nd St., 4” Floor Mitigation, Analysis & Planning Mike Paulson Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cn ty Dev. Serv. Ctr. Johnson Meninick, Mgr Yakama Indian Nation Growth Management Services 128 N. 2nd St. 4d' Floor PO Box 151 PO Box 42525 Yakima, WA 98901 Toppenish, WA 98948 Olympia, WA 98504 -2525 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 °i Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 �(}(.. ;, Toppenish, WAj TWL2tg pp Jr. Doug Mayo Vastewater Treatment Plant NSDOT Aviation Division ohn Sarnbaugh 3704 172nd St. N.E. Suite K -12 krlington, WA 98223 3oi1 Conservation Dist kttn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Martin Humphries Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 Yakima School District Attn: Ben Soria 104 N. 4 "' Ave Yakima, WA 98902 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Lavina Washines, Chairman Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Donna J. Bunten Critical Areas Coordinator D.O.E., Shorelands & Environ PO Box 47600 Olympia, WA 98504 -7600 Mr. Scott Nicolai Yakama Indian Nation - Fisheries PO Box 151 Toppenish, WA 98948 Yakima Greenway Foundation III S. 18"' St. Yakima, WA 98901 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24"' Ave Yakima, WA 98902 Mr. Buck Taylor Yakima Airport 2400 W. Washington Ave Yakima, WA 98903 WV School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 7'O C; INDEX -8 DEPARTMENT OF COMMUNITYAND ECONOMIC DEVELOPMENT William R. Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 o Fax (509) 575 -6105 CITY OF YAKIMA NOTICE OF ENVIRONMENTAL REVIEW and PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE Date: October 25, 2007 To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners From: Doug Maples, Code Administration, and Planning Manager Subject: Notice of Application for Environmental Review NOTICE OF APPLICATION Proponent & WestTowne, LLC Land Owner: 1520 140`h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 Location: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. Parcel Numbers: 181312- 31007, 31005, 34400, '34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 File Number: UAZO EC #29-07 Date of Application: July 3, 2007 Date of Complete Application: August 20, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. Yakima D0' �I � Cft INDEX F I www.ci.yakima.wa.us 7 ENVIRONMENTAL REVIEW This is to notify all public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The lead agency has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Mitigated Determination of Non- Significance (MDNS) for this project. PUBLIC REVIEW & REQUEST FOR WRITTEN COMMENTS: The attached Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below: Comment Due Date: November 9, 2007 Your views on the proposal are welcome. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. All written comments received before 5:00 p.m. on November 9, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 "d Street Yakima, WA 98901 Please be sure to reference the applicant's name (WestTowne, LLC) or file number (UAZO EC #29 -07) in your correspondence. Any person has the right to comment on this application, receive notice of and participate in any hearings, and request a copy of any decision once made. Appeal procedures can vary according to the type of decision being appealed. Please contact the City of Yakima Code Administration and Planning Division with questions about appeals. Required Permits — The following local, state and federal permits /approvals are needed for the proposed project: Building Permit, Grading Permit, Environmental Review, Dust Control Plan (Yakima Clean Air Authority), Stormwater Pollution Prevention Plan, NPDES Construction Stormwater General Permit and Water Right Permit (Washington State Department of Ecology). Required Studies: Transportation Capacity Analysis Existing Environmental Documents: 1998 Riverside Shopping Mall (FEIS), (reference) N—""-. _X Preliminary determination of the development regulations that will be used for project mitigation and consistency: International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042 or e -mail at bbenson @ci.yakima.wa.us. Doug Maples Planning and Code Administration Manager Date of Mailing: October 25, 2007 Encl.: Preliminary MDNS, Environmental Checklist, Site Plan, Vicinity Map and Mailing Map. H-7 7 WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 25, 2007 PROJECT DESCRIPTION: The City of Yakima Department of Community & Economic Development has received an application for the rezoning and environmental review of the construction of a new shopping center, consisting of 806,700 square feet of new retail space, on approximately 80 acres of land. Currently this site is zoned B -1, Professional Office and M -1, Light Industrial. The rezone (previously noticed) requests LCC, Large Commercial Center zoning. PROPONENT & WestTowne, LLC LAND OWNER: 1520 140`h Avenue NE, Suite 200 Bellevue, WA 98005 -4501 LOCATION: Property located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. PARCEL NOS. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 LEAD AGENCY: City of Yakima, Washington. FILE NUMBER: UAZO EC #29 -07 DETERMINATION AND COMMENT PERIOD: The lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030 (2) (c), provided the measures listed below are taken to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public on request at the City of Yakima Planning Division. This Preliminary MDNS is issued under WAC 197 -11- 340(2). The lead agency will not act on this proposal for 15 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on the proposal. Comments will be received until 5:00 pm on November 9, 2007. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, WA 98901 FINDINGS: 1. The City of Yakima adopted the Yakima Urban Area Comprehensive Plan and SEPA/GMA Integrated Environmental Summary (Ordinance 97 -22) in compliance with RCW 36.70A. Municipal development standards (Ordinance 98 -64) and implementing regulations were adopted consistent with and in support of Plan policy. Project proposals consistent with the Plan, development standards, and implementing regulations are not required to undergo environmental review related to previously established policy and development regulations. 2. The proposed land use and zoning is consistent with the Yakima Urban Area Comprehensive Plan's Future Land Use designations of Large Convenience Center and Professional Office. 3. This Determination is based upon the project proceeding in full compliance with all applicable regulations and standards. Deviation from established development regulations may result in a requirement for additional environmental review. 4. The applicant is required to file, and gain approval from the Yakima Regional Clean Air Authority, for a site dust control plan to address demolition, site preparation, construction and landscaping phases of the project. The proponent is also encouraged to file a Master Construction Dust Control Plan for projects planned now and in the future. 5. A Transportation Capacity Application has not yet been submitted for this project. Prior to any project permitting this application must be submitted together with the $250 application fee. 6. The City of Yakima requires that all storm water be maintained on site. 7. Municipal water and sewer are available within the public rights -of -way adjacent to the development area. 8. The Riverpointe Landing development site has frontage on North 16th Avenue and 6th Avenue. A private road/driveway is proposed to River Road. The site is directly contiguous to the State Route 12 and the interchange with North 16th Avenue. The development proposes approximately 4,090 parking spaces to accommodate the needs of traffic from the 806,700 square feet of retail, hotel, restaurants and related development. PM Peak Hour traffic generated by the new development was estimated to average 2,659 vehicle trips, with 532 (20 %) trips drawn or diverted from existing traffic on the adjacent streets (page 16 , WestTowne Center Traffic Impact Analysis, TSI, March, 2007). This traffic will reduce peak -hour capacity at various intersections and corridors. A Traffic Impact Analysis submitted by the applicant prepared by "Transportation Solutions, Incorporated" of Redmond Washington presented technical findings related to traffic impacts. In addition, a Final Environmental Impact Statement issued on November 16, 1998 for the Riverside Mall provided background data and analysis. River Pointe Landing EC #29 -07 2 N 16`h Avenue at Highway 12 9. Other conditions of approval are required of this development by the current development standards of the City of Yakima's municipal code. These standards are acknowledged by this MDNS, but are not made conditional to this determination. POLICIES: 1. Consider traffic safety and congestion in the design and site layout of new development. Policy T3 2. Establish a concurrency management system to ensure that transportation improvements, strategies and actions needed to support new development and to maintain transportation level of service standards will be in place when the impacts of development occur, or a financing plan is adopted which will fund required improvements within six years, to support the developments causing such needs. Policy T3.2 3. Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. Policy T3.3 4. Encourage the development of retail businesses within the city limits. Policy C2.1 5. Regional shopping centers should be allowed provided the following criteria are met: A. Location is at the intersection of two arterial streets; B. No vehicular access is through residential areas; and C. Adequate buffering is provided between adjacent residential uses. Policy C3.1 6. Encourage development that shortens the distance between residential areas, schools, shopping and employment centers. Policy G4.7. 7. Encourage major commercial, industrial and multi - family developments to locate inside city limits. Objective G8.4. MITIGATIONS: A. Air Quality / Dust Control: A plan for effective control of dust from site preparation, construction and landscaping is required to be submitted to, and approved by, the Yakima Regional Clean Air Authority prior to commencement of any phase of construction. A copy of this approval shall be provided to the City of Yakima prior to the commencement of site preparation. B. Water Quality /Storm Water Control: Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (including storm drains) by stormwater runoff. The Washington State Department of Ecology shall be contacted to determine if a NPDES stormwater construction permit is River Pointe Landing EC #29 -07 3 N 16 '" Avenue at Highway 12 required. A Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is needed for all permitted construction sites. These plans and control measures must be reviewed and approved by the Yakima City Engineer prior to construction. C. Traffic and Transportation: 1. Frontage Improvements. Riverpointe Landing will construct half- street improvements along the development site frontage of North 16th Avenue, and North 6th Avenue. Improvements will be based on the following road classifications and the related standard road section defined in City of Yakima Municipal code sections 12.06.020 and 12.06.030; • North 16th Avenue — "Principle Arterial (Urban)" • North 6th Avenue — "Neighborhood Collector" Secondary Access Intersection with River Road; a. Riverpointe Landing will construct an eastbound left -turn lane on River Road at the site entrance. b. Alignment of this intersection will be approved by the City of Yakima. 2. Traffic Control at main entrance on North 16th Avenue. a. Riverpointe Landing will construct a fully signalized intersection or a two - lane roundabout at the main entrance to the development site on North 16`h Avenue that includes the re- alignment of the main entrance to the Lake Aspen Office Park. b. Southbound primary site entrance left turn lanes shall be designed to allow for U- Turning traffic, as requested by WSDOT. c. A pedestrian refuge island may be required within the crosswalk area at the main entrance between the northbound and southbound lanes, along with supplemental pedestrian crosswalk activation, as necessary. 3. Impacts to State Route 12 Interchange. a. Riverpointe Landing shall construct a single -lane roundabout at the interchange westbound ramp terminal, including acquisition costs of necessary right -of -way; Plan design shall be reviewed and approved by the Washington State Department of Transportation. b. The eastbound ramp terminal shall maintain the shared left and through lane as well as the separate dedicated right turn lane. c. Adequate queue length from the eastbound ramp to the main entrance must be provided in the design to eliminate the blockage of the southbound traffic from entering the left turn lanes, to the satisfaction of the Washington State Department of Transportation. 4. Impacts to City Intersection, Proportional Share Contributions a. The City of Yakima has identified the need to upgrade the signalized intersection of North 16th Avenue and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 1,242 (27 %) new trips River Pointe Landing EC #29 -07 N 16`h Avenue at Highway 12 1© through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $149,901 to the improvement of the intersection of 16th Avenue and Fruitvale Boulevard. b. The City of Yakima has identified the need to upgrade the intersection of North 34th Avenue / River Road and Fruitvale Boulevard, as evidenced within the City 6 -Year Transportation Improvement Plan. This development is expected to generate an average of 104 (8.4 %) new trips through this intersection. Based upon the expected impact from this development, the project shall contribute no more than $52,526 to the improvement of the intersection of 34th Avenue/River Road and Fruitvale Boulevard. 5. Impacts to Greenway Path on SR 12 Interchange a. Riverpointe Landing shall install a lane delineator between the Greenway Path, located on the west side of the SR 12 Bridge and the southbound travel lane, as determined by the Washington State Department of Transportation. b. Riverpointe Landing shall install other safety measures for cyclists and pedestrians crossing the eastbound and westbound ramp terminals, as determined by the Washington State Department of Transportation Devices may include flashing warning lights or beacons, or similar measures. c. Riverpointe Landing shall remove the existing aluminum rail barrier and install a new protective rail barrier adjacent to the bike path on the SR 12 Interchange bridge, to the satisfaction of the Washington State Department of Transportation. 6. Impacts to William O Douglas Trail Project The City of Yakima is participating with the William O Douglas Trail Foundation, -as evidenced in the project carried on the City 6 -Year Transportation Improvement Plan The William O Douglas Trail includes the construction of a pedestrian trail along the west side of North 6th Avenue, adjacent to the development site. Riverpointe Landing will either incorporate the trail design into the project site plan along the site perimeter and construct the portion of the trail fronting the project site; or contribute to the trail project in lieu of sidewalk construction along the project frontage of North 6th Avenue. 7. Interior Roads to Accommodate Bicycle and Pedestrians Riverpointe Landing will provide a pathway up to 12 feet in width which shall accommodate pedestrians and a bicycle route to connect N. 16th Avenue and N. 6th Avenue. D. Frontage improvements: Unless otherwise stated the half- street frontage improvements noted above shall comply with Yakima Municipal Code Title 12. The half- street Frontage street improvement River Pointe Landing EC #29 -07 5 N 16th Avenue at Highway 12 plans shall be designed and prepared by a Iicensed Civil Engineer. The plans shall include the dedication of right -of -way along the property frontage, installation of curb, gutter, sidewalks, paving, street lights, traffic signals, and drainage. All mitigation, dedication and street improvements required of the developer shall be, installed or bonded for, prior to the issuance of a "Certificate of Occupancy" and shall conform to the standards of Titiel2.01 — 12.08 YMC, and direction of the City of Yakima's Engineering Division and City Traffic Engineer. E. Public Water: A new water main shall be looped through the site similar to what is shown on the preliminary site plan provided by the applicant. Exact layout and sizing of this new main will be determined during the final engineering design process. A new 12 inch waterline will need to be extended in N. 6th Avenue from the existing 12" waterline north approximately 250 feet to meet the new waterline alignment shown on the preliminary site plan. The water system shall be designed to adequately provide fire flow and domestic service to the site and shall be constructed by the developer at the developer's expense. F. Light and Glare: The proponent shall construct the project in a manner that minimizes the reflection of building and parking lot light and glare onto any adjacent residential properties. Exterior building lighting shall be minimized where possible and shall be shielded from spilling over onto abutting properly. Parking lot light shall be shielded from adjacent properties and public rights of way, or otherwise directed downwards to prevent glare and spilling off site. CONTACT PERSON: Contact Bruce Benson, Supervising Planner (509) 575 -6042 for more information. SEPA RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: Octabe SIGNATURE: River Pointe Landing EC 429 -07 N I e Avenue at Highway 12 PRESS RELEASE NOTICE OF APPLICATION & HEARING DATE: September 11, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of Application concerning property located in the vicinity of 16th Avenue and River Road. UAZO RZ #13 -07 and UAZO EC #29 -07 Proposal Rezone of 15 parcels to LCC, Large Convenience Center. Thirteen parcel from M -1, Light Industrial and two parcels from B -1, Professional Office together with environmental review Location: Approximately 80 acres located east of N. 16`h Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. Parcel Nos. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from WestTowne, LLC, requesting consideration for the rezoning of approximately 80 acres of property to LCC, Large Commercial Center. Proposed at this site is a new shopping center consisting of approximately 800,000 square feet of new retail space. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by October 1, 2007 will be considered in reviewing this rezone application. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference our file number (UAZO RZ #13 -07) or the applicant's name (WestTowne, LLC) when submitting your comments. NOTICE OF PUBLIC HEARING This rezone request requires that the hearing examiner hold a public hearing before making a recommendation to the City Council. This public hearing has been scheduled for Thursday, December 13, 2007, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042 or e -mail him at bbenson @ci.yakima.wa.us. Other Permits Required: City building permits, Environmental Review, Grading Permit, Dust Control Plan (Yakima Clean Air Authority), New Source Review (Yakima Clean Air Authority). INDEX Re: Legal Ad Westowne Cent— Ace 11002 Publish 9 -11 -07 Menard, Myron From: Legals [legals@yakimaherald.com] Sent: Tuesday, September 11, 2007 9:46 AM To: Menard, Myron Subject: Re: Legal Ad Westowne Center Acc 11002 Publish 9 -11 -07 Page 1 of 1 Myron, this e -mail didn't come to my attention until today. Can we publish this tomorrow, September 12? I am extremely sorry for the inconvenience. On 9/7/07 1:59 PM, " Menard, Myron" <mmenard @ci.yakima.wa.us> wrote: Please Publish one time on September 11, 2007 Acc, 11002 Westowne Center Legal Ad hdeVNtV NYV lVNNNNNNN Simon Sizer Legal /Obituary Clerk Yakima Herald- Republic Phone: 509 - 577 -7740 Fax: 509 - 577 -7766 legals @yakimaherald.com 9/11/2007 LD=' 'REPUBLIC CLASSIFIED'452 -7355 NOTICE OF APPLIC ATION & HEARING - DATE: September`12 „2007' TO:' "Applicant „Adjoining - Property Owners; and SEPA Re- viewing Agencies”' FROM: Doug;Maples, Manager; Building' Codes and' Plan - ning Divisions':,. : , SUBJECT :'Notice;of Application concerning property.iocated in the- vicinity_of 16th Avenue and, Rivdr' Road. .UAZO•RZ 413 -07 and UAZO EC. #29 -07_ . ; Proposal: •Rezone , of .-l5,parcelsto,'LCC; L`arge'Convenience Center,:Thirf'Wi parcel' frorn M =1„ „ Light lndu6thal and two parcels'from,B =.1;: Professional Office"',together'with-environ- mental review' , Location:' Approximately 80'acres(;Iodated east'.of :N :''.16th Avenue, west of N 6th Avenue,_,south; of l- lighway' 12 and north of River.Road: `. ", „.., Parcel . Nos ::"1813i2-31007,:31005,' 61312- 31007, . 31005,. 34400, 34401, 34402, 34404, 34408,;34405; _ 34406, 33001 „33002,,,39003,' 33005 and 181312!22002 ^22001 The City of yakima Department,of, Community. & of approximately,800,000.square feet ot'new.retaitspace., REQUEST: FOWWRITTEWCOMMENTS ,'. Your views' on ?ttie proposaP ire .weld6ins. Allrwritten "com- ments received 'by October 1,2007 will be considered 'in re- yiewing.thisireione application. Please .mail,your comments on this project;to:` Doug Maples; ' •ManageriBuildind.codes andplanning Divisions City` of ­1 ; , Department of'Community & Economic Deve16pm6m,- 129`.North 2nd Street Yakima;Vashington98901. Please be surer-t6,reference our file number(UAZO.RZ #13- 67) or the applicant's name (WestTowne; LLC),when submit- ting y6dr,66mmento: ; :} _;• ;; .:..,:' ; - # NOTICE'OF, PUBLIC HEARING ;' - �,-<<�-,,, - This rezone �equesf'requirws that the; hearing examiner, hold a public hearing before 'making a `re&&mmendation, td. the City Council.' This ° public hearing, has. b6en. :9cheduled for Thursday, Deoemb`er 13, 2007, beginning at. 9:00 a:m., in the Council'Chambers, City Hall, 129.N 2nd Street, Yakima, WA. Any, person desiring to express, their views on this mat- ter is invited.to,attend the public hearing or "to submit their written; comments,to:,City of,Yakima, Planning,Divisi66,,129 N 26d St „:Yakima;lWA:98901': The file-contairiing`th`e-complete app lication =is available for public'review'at therCity-of Yakima Planning Division, -2nd i floocCity Hall; 129 North 2nd Street; Yakima,.Washirigton. If you hawany:question ; on this proposal, please call Bruce I Benson;, Supervising Planner' at (509) '575 -6042 or e-mail c him at' bbens onC,ci.yakim6.wa:us.y °w;,; -; ;: t Other Permits °.Required: City build ing .•permjts,,.Environmen - t tal , Review;' Grading ;Permit, r Dustc;Control ;;Plan _,(Yakima F Clean Air Authority), New•pSour a vrew;(Yakima Clean Air it w)• , Authori L`tt�� i::, it - - I;..` N L c #S STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: R/Z #13 -07 & EC #29 -07 North Pointe Land ing /Westtone, LLc Vicinity of 16'h Ave & River Road I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 11" day of September 2007 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist River Pointe Landing Jerry Molitor 1520 140th AveNE Ste200 Bellevue, WA. 98005 -4501 Ron Morton 717 S,8th Ave Yakima, WA. 98902 David Lawrence Holtzinger Fruit P.O. Box 169 Yakima, WA. 98907 Rod Knipper KDF Architecture 1310 North 16th Ave Yakima, WA. 98902 -1354 3 181312 -33005 18 V313- 02 18 313 -22003 ALBERT D. LANTRIP AL NT}�IP ALRED BU LI 808 PIONEER LN 803Q 13 3 N 1 YAKIMA, WA 98903 -1344 YA 98903 -1344 YA MA WA 98902 181313 -22004 ALFRED BUCHELI 1313 N 16TH AVE YAKIMA, WA 98902 18 VING 0 BU RTH N RAI L D PO 08 FO, Texas 76161 -0089 181312 -43900 BURLINGTON NORTHERN -SANTA FE RAI PO BOX 961089 FORT WORTH, Texas 76161 -0089 181313 -21003 CM HOLTZINGER FRUIT CO LLC 1312 N 6TH AVE YAKIMA, WA 98902 181312 -43033 GERALD V & JOAN D KLINGELE 2106 W YAKIMA AVE YAKIMA, WA 98902 181312 -34403 KATHRYN I & KURT D EIMS 6122 BAYVIEW DR MUKILTEO, WA 98275 181313 -22006 ANDREWS & BARTON CO 280 AMES RD* SELAH, WA 98942 1 1312 -43001 B RLIN 0 NORTH N ILROAD P BO 961 89 FO WORTH, xas 76161 -0089 18.1312 -43901 BU LINGTO RTHER SANTA FE PO BOX 1089 FOR TH, Texas 76161 -0089 18 313 -2iNH 006 �FRUCO CM HOLTZ G 13 2 N A YA w WA 98902 181314 -11423 HARLAN D & BARBARA DUNN 4725 KONNOWAC PASS RD WAPATO, WA 98951 -9671 81312 -�37 THR2 UR D EI 61 2 MU E0, WA 9 827 5 18 313 -12030 BN F RAiTH, D CO �76161-00E yy PO BOX FO T W as 1 312 -43 1 BU LING N ORT RN R LRO; PO BO 9610 FOR WORTH, Texas 76161 -OOE 1 1312 -43902 ':T) RAI B LINGTON NORTH ANTA I PO BOX 089 FOR RTH exas 76161 -OOE 1 313 -21402 CM HOL GE FRUI LLC 13,\ 6TH VE YAK A, WA 98902 181314 -11422 JAMES L & MARCIA SMITH 1320 N 16TH AVE #A YAKIMA, WA 98902 181312- 3045 tl HR & RT IMS BAYV DR LTEO, WA 98275 1 181312 -43039 81313- 013 181313 -22007 KENNETH W CYR ENN H CYR LAB INVESTING CORP 1000 S IDAHO RD # 428 100 S IDA D # 428 11 HILLCREST DR APACHE JUNCTION, Arizona 85219 -6I AIP�ACHE JUNCTION, Arizona 85219 -6I KEARNER, Nebraska 68845 181311 -44400 LAKE EDGE ENTERPRISES LLC 5816 SCENIC DR YAKIMA, WA 98908 181311 -44406 PDK DEVELOPMENT LLC PO BOX 9493 YAKIMA, WA 98909 -9493 181312 -42009 ROBERT 0. ABRAHAMSON 2008 N 1ST ST YAKIMA, WA 98901 -1735 181312 -42412 MUELLER HOP PRODUCTS INC 1716 GORDON RD YAKIMA, WA 98901 -1710 18 312- 007 RO AB 4, �O 20 T ST YAKIMA, WA 98901 -1735 1'1'1 4 -1 2 ROD EY & H U DBA PPER 131 N 6TH AVE YAKI , WA 98902 181314 -11431 NORTHWEST FARM CREDIT SER 1330 N 16TH AVE YAKIMA, WA 98902 -1354 r y \RBER 312- 20 8 O. A AHA ON 8 1ST ST YAKIMAD00 98901 -1735 1NDFx 1 31 _ DU RO NE & DUN DBA IpI 13 0 16TH V YAK , WA 98902 -1354 181314 -11425 181312 -43035 RODNEY K & H DUNN DBA /KNIPPER DU SALVADOR CORNEJO 1310 N 16TH AVE 1413 N 6TH AVE YAKIMA, WA 98902 -1354 YAKIMA, WA 98902 181312 -43004 TERESA R M GRISWOLD 1415 N 6TH AVE YAKIMA, WA 98902 1 1312 -31007 W TTOWN LC 64 T OMA BLVD TA 2 , WA 98409 1 1312 -33003 W ST TO LC 64 COMA L BL D TA A, WA 98409 i 312 402 81 EST WN LLC 40 TACO LL BLVD OMA, WA 98409 141312-34405 W ST TOW LC 6402 COMA LL BLVD TA A, WA 98409 181313 -21404 WESTTOWNE LLC 6402 TACOMA MALL BLVD TACOMA, WA 98409 181312 -43031 WALTER & MINETTE RECORD 280 AMES RD SELAH, WA 98942 81312- 01 ESTTO NE LC 402 ACOMA MAL LVD T MA , WA 9 9 1VTOW 4 f') W L 6OMA BLVD TWA 984 09 1 1312 -34 4 W STTOW L C 64 2 COMA BLVD TACIC WA 98409 1r 1312 -34406 W STT `E LL 64 TAACO�IA MALI'�BLVD TACOMA, WA 98409 1 1313 -22001 W TTO �WA8409 64 2 L BLVD TA A, 18 312 -31003 18 312 - YA IMA NWAY F TI N YA IMA 11 S 8TH T 111 1 YA , WA 9 01 -2149 YAKIMA, 181312 -32002 YAKIMA GREENWAY FOUNDATION 111 S 18TH ST YAKIMA, WA 98901 -2149 181313 -22405 YAKIMA VALLEY MEMORIAL HOSPITAL 2811 TIETON DR YAKIMA, WA 98902 EE � R - 6 1dda F�ION 8TH ST WA 98901 -2149 181313 -12021 YAKIMA MANUFACTURING PO BOX 1329 KLAMATH FALLS, Oregon 97601 61 labels printed for map sheet rezone1307 olj.jq- C£�ifS2 q /ll /17 181314 -11432 T P C LLC 1340 N 16TH AVE # B YAKIMA, WA 98902 181312 -31005 WESTTOWNE LLC 1520 140TH NE # 200 BELLEVUE, WA 98005 14 131 33 N 2 WE OWNE L 6402 TACOMA MALL BLVD TACOMA, WA 98409 181 12 -3 1 WE TO E L C 640 COMA BLVD TACOMA, WA 98409 D 181312 -3 4 W STTO E L 64 2 A C COMA LL BLVD TA A, WA 98409 18 13- 0 4 WE TTO E L C 64 ACOMA MALL BLVD TACOMA, WA 98409 1 1312- 03 Y KIM GRE NW FOU ION 1 1 18TH YA MA, WA 98901 -2149 I 1.� 18 312 -32002 YA IMA ENWAY 0 NDATION 11 S 8TH YAK , WA 98901 -2149 181313 -22406 YAKIMA THEATRES INC PO BOX 50 YAKIMA, WA 98907 L' r, (- { NOTICE OF APPLICATION & HEARING DATE: September 11, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of Application concerning property located in the vicinity of 16th Avenue and River Road. UAZO RZ #13 -07 and UAZO EC #29 -07 Proposal Rezone of 15 parcels to LCC, Large Convenience Center. Thirteen parcel from M -1, Light Industrial and two parcels from B -1, Professional Office together with environmental review Location: Approximately 80 acres located east of N. 16`" Avenue, west of N 6`h Avenue, south of Highway 12 and north of River Road. Parcel Nos. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from WestTowne, LLC, requesting consideration for the rezoning of approximately 80 acres of property to LCC, Large Commercial Center. Proposed at this site is a new shopping center consisting of approximately 800,000 square feet of new retail space. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by October 1, 2007 will be considered in reviewing this rezone application. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference our file number (UAZO RZ #13 -07) or the applicant's name (WestTowne, LLC) when submitting your comments. Der INDEX # iLl NOTICE OF PUBLIC HEARING This rezone request requires that the hearing examiner hold a public hearing before making a recommendation to the City Council. This public hearing has been scheduled for Thursday, December 13, 2007, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042 or e -mail him at bbenson @ci.yakima.wa.us. Other Permits Required: City building permits, Environmental Review, Grading Permit, Dust Control Plan (Yakima Clean Air Authority), New Source Review (Yakima Clean Air Authority). Encl.: Narrative, Site Plan, Vicinity Map 'r INDEX # Date: July 30, 2007 To: WestTowne, LLC (Jerry Molitor) 1520 140" Avenue NE, Suite 200 Bellevue, WA 98005 -4501 Subject: Determination of Application Completeness UAZO RZ 413 -07 and EC # 29 -07 Proposal Rezone of 15 parcels to LCC, Large Convenience Center. Thirteen parcel from M -1, Light Industrial and two parcels from B -1, Professional Office together with environmental review Location: Approximately 80 acres located east of N. 16`h Avenue, west of N 61h Avenue, south of Highway 12 and north of River Road. Parcel Nos. 181312- 31007, 31005, 34400, 34401, 34402, 34404, 34403, 34405, 34406, 33001, 33002, 33003, 33005 and 181312- 22002, 22001 Your application on this matter was submitted on July 3, 2007. Following initial review your application has been determined to be incomplete as of July 28, 2007. As you are aware, there are parts of your proposal which are predicated upon approvals and/or agreements from other governmental agencies and/or local organizations. Three cases in point are: 1. Does the Washington State Department of Transportation concur with your proposal for a traffic roundabout, and are they in concurrence with your design for your N 16th Avenue access site, which appears that it might be located within WSDOT's zone of control? 2. Have you come to an agreement with the Yakima Greenway Board as to your proposal for their pathway? 3. Do you have an agreement with the Lake Aspen professional group with regard to their moving of their current access road to be opposite your access? Although we have heard anecdotal information that each of these issues has been resolved, we need to have written confirmation to that effect. Also, after our initial review, we believe that your proposed development is sufficiently different in floor area, land use composition, internal layout and access - than what was reviewed for the �; ^':K Riverside Shopping Mall's 1998 FEIS - to warrant a Supplemental EIS rather than the Addendum provided. We base our conclusion on information contained in the SEPA Handbook, excerpted as follows: 2.7.1. Adoption Documents that may be adopted are limited to those that have been used in a previous SEPA or NEPA process. Any environmental information- report, study, etc.- may be incorporated by reference. If the impacts associated with a new proposal have been adequately evaluated in a previously issued SEPA or NEPA document, the document may be adopted to satisfy the requirements of SEPA [WAC 197 -11 -630]. It is also possible to adopt several documents, such as the EIS done on the local comprehensive plan and a document prepared for either a similar proposal or a proposal located in a similar location. The lead agency may adopt all or part of the information and environmental analysis in the adopted document(s), but a new threshold determination is still required [WAC 197 -11- 340(1) and 360(2)]. A sample adoption form is found at WAC 197 -I1 -965 in the SEPA Rules. Agencies may modify the form to better suit their needs but informational fields should not be omitted. (Examples of combined forms for a DNS with an adoption and a DS with adoption are found at the back of this handbook.) It is very important to provide a thorough description of the current proposal, as well as to clearly identify the documents) being adopted. An addendum or supplemental EIS that contains additional information or analysis may also be issued in conjunction with the adoption of existing documents. Adoptions typically take four forms: * Adoption/determination of significance (DS): Issued when an existing environmental impact statement addresses all probable significant adverse environmental impacts of a new proposal. (A combined form is provided.) A copy of the adoption notice must be circulated, but neither a comment period nor public notice is required. There is a seven -day waiting period before an agency can take an action (e.g., issue /deny a permit). * Adoption/DS and addendum: The same procedure as the adoption/DS applies, except that an addendum that adds minor new information is circulated with the adoption notice. * Adoption/Supplemental EIS: If an existing EIS addresses some, but not all of the probable significant adverse environmental impacts of the new proposal, the EIS can be used as the basis for a new supplemental EIS. The adoption notice must be included within the supplemental EIS [WAC 197- 11- 630(3)(b)]. (See the discussion on supplemental EISs in Section 3.6) * AdoptionlDetermination of Nonsignificance: An existing environmental checklist or a NEPA environmental assessment may be adopted for a new proposal by using the combined adoption/DNS form. The procedures for a DNS must be followed, including a comment period, distribution, and public notice, if required by WAC 197 -11- 340(2). (An addendum may be included to provide minor new information.) _; n ,. 2.7.3. Addendum An addendum [WAC 197 -11- 600(4) (c) and 625] contains minor new information that was not included in the original SEPA document. An addendum may be issued for any SEPA document, and there is no set format. The addendum should clearly identify the original document, as well as the new information. An addendum is appropriate when a proposal has been modified, but the changes should not result in any new significant adverse impact. They can also be used if additional information becomes available that does not change the analysis of likely significant impacts or alternatives in the original SEPA document. Addendums are not appropriate if the changes or new information indicates any new or increased significant adverse environmental impact. The lead agency is encouraged to distribute the addendum to affected agencies and to interested persons. Distribution is required for an addendum to a draft EIS, and for an addendum to a final EIS if the addendum is issued prior to an agency action on the proposal [WAC 197 -11 -625]. Addendums do not require a comment period. Consequently, we are requesting your cooperation in the preparation and publication of a Supplemental EIS to the FEIS for Riverside Shopping Mall (November 16, 1998) rather than an Addendum, as was suggested. Please contact me at (509) 575 -6042 if you have any questions regarding this matter. 7e ruly y s, ce Benson Supervising Planner Cc: Blumen Consulting Group TSI BCRA D0 . INDEX